Mr. Joseph called the meeting to order at 5:30 p.m.
Pledge of Allegiance to the Flag
Members and guests participated in the Pledge of Allegiance to the Flag.
Remembrance of Janis Avery, County Employee
Mr. Joseph regretfully reported on the tragic accident that claimed the life of Janis Avery, a long-time County employee, and asked that those present observe a moment of silence to honor her memory.
Roll Call of Members Present
Present: 13 Legislators; Excused - 2 (Legislators Kiefer and McBean-Clairborne).
Special Orders of the Day
Mr. Joseph announced that at approximately 7:30 p.m. he will request a presentation be held concerning the Airport.
Privilege of the Floor by the Public
No member of the public wished to speak.
Presentation of Distinguished Youth Award
Mr. Todd, District No. 6 Legislator, presented the December Distinguished Youth Award to members of the Lansing Leo Club, which is sponsored by the Lansing Lions Club. They have been active in many community service projects in the community, such as preparing meals at the retirement home, big brother/big sister program with tutoring in the Middle School, bell-ringing for the Salvation Army, highway cleanup, and food distribution to the needy.
Privilege of the Floor by Legislators
Ms. Herrera, District No. 5, reported she traveled to Houston for the holidays and instead of flying out of Syracuse, she chose to fly out of Ithaca. On the return trip her flight was scheduled to arrive back in Ithaca after stopping in Philadelphia; however, in Houston she was met by U.S. Air representatives, who informed her that due to mechanical difficulties there would be a delay. Ms. Herrera said she missed a day of work because of the efforts she had to undertake to secure a flight to Philadelphia. She noted that other people who had more than one airline at their airport were able to board other planes. She arrived in Philadelphia at midnight and was told that not only did they not have a hotel room, but would not give her a ticket for another plane and misplaced her luggage. She said her efforts to utilize the Tompkins County Airport ended with her sleeping on the floor in the Philadelphia Airport terminal. She said she isn't pleased with the service she received from U.S. Air and feels they acted in an inflexible way that was not fair to the consumer. Ms. Herrera noted that because there is only one airline at the Ithaca Tompkins Regional Airport, it places the consumer at a disadvantage because the airline can do this.
Mr. Winch, District No. 8 Legislator, wished everyone a happy holiday and a Merry Christmas. He said because of the ongoing conflicts around the world that we need to be reminded that the citizens in this country have religious freedoms and do not have to be concerned about worshiping the way one wishes. Mr. Winch said he spoke previously about the one-week work-camp mission trip coming to Tompkins County in July, 2005. He said he serves on the Coordinating Committee for this work-camp and said they are looking for more sites in Tompkins County to do work. He said if anyone is in need of assistance of home repairs they should contact Better Housing of Tompkins County.
Mr. Lane, District No. 14 Legislator, spoke of the wonderful holiday lights on display throughout Tompkins County. He called attention to all the lights put up at the municipal offices and businesses in Freeville and Dryden. He said this is a time when people come together to celebrate the season.
Ms. Robertson, District No. 13 Legislator, said an annual report came out this week from the National Low Income Housing Coalition entitled "Out of Reach". Ms. Robertson provided the Legislature with the following highlights from the report:
§ Most Americans who rely on just a full-time job earning the federal
minimum wage cannot afford the rent and utilities on a one-or two-bedroom
apartment.
§ For a two-bedroom rental alone, the typical worker must earn
at least $15.37 an hour, nearly three times the Federal minimum wage.
§ The median hourly wage in the United States is about $4.14,
and more than one-quarter of the population earns less than $10 an hour.
§ The report quoted federal Bureau of Labor Statistics data that
showed hourly wages rising about 2.6 percent over the past year, slower
than the 2.9 percent rise in rents recorded in the Consumer Price Index.
§ In only four of the nation's 3,066 counties could a full-time
worker making the federal minimum wage afford a typical one-bedroom apartment,
the Coalition said. Three counties were in Illinois: Clay, Crawford,
and Wayne counties; the other was Washington County, Florida.
§ States with more residents in rural areas were generally the
most affordable, although no state's housing wage was lower than the federal
minimum wage of $5.15 an hour, which has not changed since 1997.
§ Overall, utility costs appear to be rising at even a faster
rate than rents. This, combined with stagnant wages, means that the
housing situation for the nation's poor has gotten worse over the last
year.
Mr. Todd commented on Ms. Robertson's statement and said several years ago Lansing received from Better Housing of Tompkins County a grant of $160,000 and last year received a grant of $400,000 in federal funds. He said the recipients of the funds have primarily been the elderly and said it has had a very positive impact on making housing more affordable for those residents.
Mr. Proto, District No. 7 Legislator, said it is important to recognize the United States Postal Service during this time of the year. He reported the Postal Service is providing, free-of-charge, all kinds of boxing and shipping material for families and organizations sending packages to individuals in the military.
Chair's Report
Mr. Joseph reported the Chair of the Oneida County Board of Legislators has called for a lobbying day in Albany and asked all counties to join them on January 24th to lobby for Medicaid reform. Mr. Joseph announced the NYSAC Conference will be held from January 31 thru February 2, 2005. Anyone wishing to attend either of these events should contact him or Cathy Covert.
Mr. Whicher reported the Mental Health Commissioner search is continuing and he expects the results to be brought before the full Legislature at the first meeting in February. The search to fill the Highway Manager is also ongoing. He reported a new structure has been put in place for the Communications Capital Project and he has named Lee Shurtleff as Project Manager. He believes this will work in carrying the project forward. Mr. Whicher requested an executive session to discuss union negotiations and real estate matters.
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
On motion and duly seconded and unanimously adopted by voice vote by members present, the following resolution(s) were added to the agenda:
Award of Tourism Capital Grants from Room Occupancy Tax Fund
Review of Alternatives to Incarceration Initiatives and Creation
of Special Committee to Design
Parameters of Requested Study
Approving Execution of Contract Between the County and Kirby,
McInerney, and Squire, LLP for Medicaid Pharmaceutical
Litigation Representation
Addition of Appointment(s) to the Agenda
It was MOVED by Mr. Lane, seconded by Mr. Koplinka-Loehr, and unanimously adopted by voice vote by members present, to add the appointment of Raymond Dalton to the Tompkins Cortland Community College Board of Trustees.
Withdrawal of Resolution(s) from the Agenda
Mr. Joseph granted to the appropriate committee chair permission to withdrawn from the agenda the resolution entitled Revision of Administrative Manual Policy Number 01-10 - Contracts.
RESOLUTION NO. 256 - RESCINDING RESOLUTION NO. 245 OF 2001 THAT AUTHORIZED THE ASSESSMENT DEPARTMENT TO CHARGE A NOMINAL FEE FOR TAX MAP ALTERATIONS
MOVED by Mr. Koplinka-Loehr, seconded by Mr. Winch, and unanimously adopted by voice vote by members present under the Consent Agenda.
WHEREAS, in 2001 the County Legislature authorized the Assessment
Department to charge a nominal fee for tax map alterations needed due to
the filing of approved subdivisions, and
WHEREAS, this procedure is no longer necessary since appropriate
information can be obtained from a database currently maintained by the
County, now therefore be it
RESOLVED, on recommendation of the Government Operations Committee,
That Resolution No. 245 of 2001 is hereby rescinded.
SEQR ACTION: TYPE II-20
RESOLUTION NO. 257 - CORRECTION OF ERRORS
MOVED by Mr. Koplinka-Loehr, seconded by Mr. Winch, and unanimously adopted by voice vote by members present under the Consent Agenda.
RESOLVED, on recommendation of the Government Operations Committee,
That the Clerk of the Legislature be and hereby is authorized to correct
any manifest errors in the 2004 minutes of the Legislature or in reports
of any committees.
SEQR ACTION: TYPE II-20
RESOLUTION NO. 258 - DESIGNATION OF NEWSPAPER
MOVED by Mr. Koplinka-Loehr, seconded by Mr. Winch, and unanimously adopted by voice vote by members present under the Consent Agenda.
WHEREAS, the County must annually designate a newspaper of record,
now therefore be it
RESOLVED, on recommendation of the Government Operations Committee,
That the official newspaper for the County of Tompkins for the publication
of all local laws, notices, and other matters required by law to be published
pursuant to County Law, Article 5, Section 214, Subdivision (2), and Local
Law No. 1 of 1992 be designated from January 1, 2005 to December 31, 2005,
as follows:
The Ithaca Journal, Ithaca, New York
SEQR ACTION: TYPE II-20
RESOLUTION NO. 259 - DELEGATION OF AUTHORITY TO AUTHORIZE CERTAIN TAX ROLL CORRECTIONS AND TAX REFUNDS UNDER $2500
MOVED by Mr. Koplinka-Loehr, seconded by Mr. Winch, and unanimously adopted by voice vote by members present under the Consent Agenda.
WHEREAS, Section 554 of the Real Property Tax Law authorizes a tax-levying
body to delegate the correction of tax rolls due to a clerical error, an
error in essential fact, or an unlawful entry (an unlawful entry is any
information on the tax roll that violates the Real Property Tax Law), and
WHEREAS, Section 556 of the Real Property Tax Law authorizes
a tax-levying body to delegate the payment of tax refunds due to a clerical
error, an error in essential fact, or an unlawful entry, and
WHEREAS, it is the opinion of the Government Operations Committee,
that such delegation would be more efficient in processing said refunds
and therefore beneficial to the taxpayer, now therefore be it
RESOLVED, on recommendation of the Government Operations Committee,
That the County Director of Assessment shall transmit corrections and/or
refund recommendations to the County Administrator,
RESOLVED, further, That the County Administrator is hereby authorized
to make Tax Roll corrections and /or payments of any refunds as if the
Tompkins County Legislature had performed this audit in compliance with
Paragraph 1-8 of Section 554 and 1-7 of Section 566 of the Real Property
Tax Law,
RESOLVED, further, That any Tax Roll correction and/or refund
of $2500 or more must be approved by the Tompkins County Legislature pursuant
to Paragraph 9(a) and Paragraph 8(a) of Section 556 of the Real Property
Tax Law,
RESOLVED, further, That the County Administrator shall transmit
on or before the 15th day of each month a report to the Tompkins County
Legislature of all the corrections and refunds processed,
RESOLVED, further, That this resolution shall only be in effect
during the calendar year 2005.
SEQR ACTION: TYPE II-20
RESOLUTION NO. 260 - AUTHORIZING A MULTI-YEAR CONTRACT WITH JACK VENESKY, CPA , FOR THE PREPARATION OF COST ALLOCATION PLAN FOR THE YEARS 2004-2006
MOVED by Mr. Koplinka-Loehr, seconded by Mr. Winch, and unanimously adopted by voice vote by members present under the Consent Agenda.
WHEREAS, Federal OMB Circular A-87 requires the preparation of
an annual indirect cost report in order to recover indirect cost reimbursement
for certain Federally assisted programs, and
WHEREAS, the firm of Jack Venesky, CPA, is unique in its specialized
practice in the area of Federal and State program cost reporting, and
WHEREAS, over the past three years with the assistance of Jack
Venesky, CPA, the Indirect Cost Reports have generated in excess of $3,700,000
in reimbursement as compared to the consultants fees totaling $38,700,
and
WHEREAS, the Finance Director has recommended that it would be
in the best interest of the County to renew the Cost Allocation agreement
with Jack Venesky, CPA, because of cost and time efficiencies developed
as a result the consultant’s familiarity with the County’s operations,
now therefore be it
RESOLVED, on recommendation of the Government Operations Committee,
That the Departments of Finance, Health, and Social Services are authorized
to enter into a multi-year contract with Jack Venesky, CPA, for the preparation
of annual cost reports for the years 2004-2006, at a fee of $12,900 annually.
SEQR ACTION: TYPE II-20
RESOLUTION NO. 261 - AUTHORIZING EXECUTION OF THREE-YEAR INDIGENT BURIAL CONTRACTS – DEPARTMENT OF SOCIAL SERVICES
MOVED by Mr. Koplinka-Loehr, seconded by Mr. Winch, and unanimously adopted by voice vote by members present under the Consent Agenda.
WHEREAS, the Commissioner of the Department of Social Services
is obliged under New York State Social Services Law “to provide for the
care, removal, and burial” of deceased indigent persons, and
WHEREAS, the Department of Social Services has negotiated successfully
with the County’s funeral directors a new payment schedule covering these
services, and
WHEREAS, the service providers have agreed to accept the new rates
in payment for the covered services for a period of not less than three
years, and
WHEREAS, it is in the County’s interest to incorporate that point into
its indigent burial services contracts, and
WHEREAS, multi-year agreements must be prior-approved by the Legislature,
now therefore be it
RESOLVED, on recommendation of the Health and Human Service Committee,
That the Department of Social Services is authorized to execute indigent
burial contracts with area funeral homes featuring three-year terms beginning
January 1, 2005.
SEQR ACTION: TYPE II-20
RESOLUTION NO. 262 - BUDGET ADJUSTMENT – OFFICE FOR THE AGING
MOVED by Mr. Koplinka-Loehr, seconded by Mr. Winch, and unanimously adopted by voice vote by members present under the Consent Agenda.
RESOLVED, on recommendation of the Health and Human Services, That the Director of Finance be directed to make the following budget adjustment on his books:
Office for the Aging
Revenue Acct
Title Amt Approp
Acct Title(s) __________________
6793 44772 Federal Revenue $6,650 6793
54491 Subcontract
SEQR ACTION: TYPE II-20
RESOLUTION NO. 263 - AUTHORIZATION TO EXECUTE A FIVE-YEAR AGREEMENT WITH THE UNIFIED COURT SYSTEM FOR THE PROVISION OF COURT SECURITY SERVICES AT THE MAIN COURTHOUSE
MOVED by Mr. Koplinka-Loehr, seconded by Mr. Winch, and unanimously adopted by voice vote by members present under the Consent Agenda.
WHEREAS, the New York State Unified Court System has a need to ensure
adequate security services are available in the Supreme and County Courts,
and
WHEREAS, the Sheriff's Office has historically filled this need with
County staff and has been reimbursed for such services, and
WHEREAS, both the State and the Sheriff's Office have agreed upon the
number of staff needed to ensure adequate security, and
WHEREAS, the Sheriff is reimbursed for actual expenses, and the dollar
amount is negotiated each year of the five-year term,
WHEREAS, the amount for year one of five is up to $238,000, and shall
be amended if expenses exceed the contract amount, now therefore be it
RESOLVED, on recommendation of the Public Safety Committee, That the
County Administrator or his designee is authorized to sign a contract with
the New York State Unified Court System for the provisions of court security
for the period of April 1, 2004, through March 31, 2009.
SEQR ACTION: TYPE II-20
RESOLUTION NO. 264 - AUTHORIZATION TO CONDUCT A PUBLIC HEARING - PROPOSED ACQUISITION OF PROPERTY FOR THE RECONSTRUCTION OF McLEAN-CORTLAND ROAD AND BRIDGE
MOVED by Mr. Koplinka-Loehr, seconded by Mr. Winch, and unanimously adopted by voice vote by members present under the Consent Agenda.
WHEREAS, funding for the McLean-Cortland Road and Bridge reconstruction
project is in jeopardy unless the project can be moved forward in an expeditious
manner, and
WHEREAS, negotiations for approximately ten parcels needed to
complete acquisition of the right-of-way for the project have not yet been
completed, and
WHEREAS, the County intends to pursue all means to complete these
negotiations in a timely manner without necessitating legal measures, but
must provide for the contingency that the properties in question may need
to be acquired via eminent domain procedures as a last resort, now therefore
be it
RESOLVED, on recommendation of the Facilities and Infrastructure
Committee, That the Tompkins County Legislature conduct a public hearing
pursuant to Section 201 of the Eminent Domain Procedure Law at the Tompkins
County Courthouse on the 18th day of January, 2005, at 5:30 o’clock in
the evening thereof,
RESOLVED, further, That the purpose of said hearing is to inform
the public and to review the public use to be served by the reconstruction
of the McLean-Cortland Road and Bridge in the Town of Groton, and the impact
on the environment and residents of the locality where said project will
be constructed,
RESOLVED further, That pursuant to Section 202 of the Eminent
Domain Procedure Law, the Clerk of the Legislature shall cause to be published
at least ten days and not more than thirty days prior to said hearing a
notice of same in at least five consecutive issues of the Ithaca Journal.
SEQR ACTION: TYPE II-20
RESOLUTION NO. 265 - AUTHORIZING THE TERMINATION OF THE SNOW AND ICE AGREEMENT WITH THE TOWN OF ENFIELD
MOVED by Mr. Koplinka-Loehr, seconded by Mr. Winch, and unanimously adopted by voice vote by members present under the Consent Agenda.
WHEREAS, the acting County Highway Manager has determined that
it is in the best interest of the County to take over the plowing of all
County roads located in the Town of Enfield, and
WHEREAS, the Town Board of the Town of Enfield concurs with that
decision and passed a resolution authorizing the termination of the Agreement
with the County provided that the County Legislature also adopts a resolution
to the same effect, now therefore be it
RESOLVED, on recommendation of the Facilities and Infrastructure
Committee, That the County Administrator is authorized to terminate the
Agreement providing for the Town of Enfield to plow County roads within
the Town of Enfield.
SEQR ACTION: TYPE II-20
RESOLUTION NO. 266 - AUTHORIZATION TO ADD A MICROENTERPRISE BUSINESS REPRESENTATIVE SEAT TO THE ECONOMIC DEVELOPMENT LOAN OVERSIGHT COMMITTEE
MOVED by Mr. Koplinka-Loehr, seconded by Mr. Winch, and unanimously adopted by voice vote by members present under the Consent Agenda.
WHEREAS, the Tompkins County Economic Development Revolving Loan
Fund Oversight Committee was established by Resolution No. 293 of 1999
to recommend redistribution of repaid Economic Development Grant funds
from the United States Department of Housing and Urban Development, and
WHEREAS, the Oversight Committee consists of the following Legislature-appointed
members:
Bank Representative
Previous Recipient
Tompkins County Business Advisor (TCAD)
Tompkins County Legislature (Appropriate Committee Chair)
Commissioner of Planning
Small Business Owner
Tompkins County Finance Director
Tompkins County Attorney, and
WHEREAS, Resolution No. 173 of 2004 authorized an additional activity
to include microenterprise training, technical assistance and micro-lending
to businesses with five or fewer employees, now therefore be it
RESOLVED, on recommendation of the Planning, Development, and
Environmental Quality Committee, That the Oversight Committee membership
is expanded to include a seat for a Microenterprise Business Representative.
SEQR ACTION: TYPE II-20
RESOLUTION NO. 267 - AUTHORIZING THE COUNTY ADMINISTRATOR TO CONTRACT WITH ADVANTAGE ENERGY, INC., FOR ELECTRICITY AND AUTHORIZING THE INCLUSION OF ANY POLITICAL SUBDIVISION WITHIN THE STATE TO PARTICIPATE
MOVED by Mr. Koplinka-Loehr, seconded by Mr. Winch, and unanimously adopted by voice vote by members present under the Consent Agenda.
WHEREAS, the County currently receives electricity through a contract
obtained pursuant to a bid by the Municipal Electric and Gas Alliance (“MEGA”),
and
WHEREAS, the contract will soon terminate, and
WHEREAS, by Resolution No. 221 of 2004 the County authorized
MEGA to release a bid for electric power on behalf of the County, and
WHEREAS, Advantage Energy, Inc., was the lowest responsible bidder,
and
WHEREAS, Section 408-a of the County Law authorizes the County
to include in any purchase contract awarded to the lowest responsible bidder,
authorization permitting any political subdivision in the State to participate,
and
WHEREAS, the County desires the participation of other political
subdivisions in the electric contract, and
WHEREAS, rules regarding the terms by which other political subdivisions
participate have been established, now therefore be it
RESOLVED, on recommendation of the Consumer and Community Affairs
Committee, That the County Administrator is authorized to enter into a
purchase contract with Advantage Energy, Inc.,
RESOLVED, further, That all political subdivisions within the
State are authorized to participate in the contract awarded as a result
of the bid.
SEQR ACTION: TYPE II-20
MOVED by Mr. Koplinka-Loehr, seconded by Mr. Winch, and unanimously adopted by voice vote by members present under the Consent Agenda.
RESOLVED, on recommendation of the Budget and Capital Committee,
That the County Administrator be and hereby is authorized and directed
to disburse all appropriated funds up to the amount of the appropriation
included in the 2005 budget, provided that whenever a contract is required
funds will be disbursed in accordance with the terms of said agreement.
SEQR ACTION: TYPE II-20
RESOLUTION NO. 269 - DELEGATION OF AUTHORITY TO AUTHORIZE CERTAIN TAX AND SOLID WASTE FEE REFUNDS UNDER $500
MOVED by Mr. Koplinka-Loehr, seconded by Mr. Winch, and unanimously
adopted by voice vote by members present under the Consent Agenda.
WHEREAS, Section 556 of the Real Property Tax Law authorized
a tax-levying body to delegate the payment of tax refunds due to a clerical
error of an unlawful entry (an unlawful entry is any information on the
tax roll that violates the Real Property Tax Law), and
WHEREAS, Solid Waste Fee refunds are authorized under Resolution
No. 181 of 1996, and
WHEREAS, it is the opinion of the Budget and Capital Committee,
that such delegation would be more efficient in processing said refunds
and therefore beneficial to the taxpayer, now therefore be it
RESOLVED, on recommendation of the Budget and Capital Committee,
That the County Director of Assessment shall transmit refund recommendations
to the County Administrator,
RESOLVED, further, That the County Administrator is hereby authorized
to make payments of any refunds as if the Tompkins County Legislature had
performed this audit in compliance with Paragraph 1-7 of Section 566,
RESOLVED, further, That any refund of $500 or more must be approved
by the Tompkins County Legislature pursuant to Paragraph 8(b) of Section
556 of the Real Property Tax Law,
RESOLVED, further, That the County Administrator shall transmit
on or before the 15th day of each month a report to the Tompkins County
Legislature of all the refunds processed,
RESOLVED, further, That this resolution shall only be in effect
during the calendar year 2005.
SEQR ACTION: TYPE II-20
RESOLUTION NO. 270 - IMPLEMENTATION OF 2005 TOMPKINS COUNTY BUDGET – MEMBERSHIPS
MOVED by Mr. Koplinka-Loehr, seconded by Mr. Winch, and unanimously adopted by voice vote by members present under the Consent Agenda.
WHEREAS, it is in the best interest of the County to have County
personnel be members of a variety of organizations, now therefore be it
RESOLVED, on recommendation of the appropriate program committees,
That memberships in all municipal and professional organizations specifically
listed in 2005 budget requests, approved by the appropriate program committee,
and included in the 2005 budget adopted by the Tompkins County Legislature,
are hereby authorized and approved.
SEQR ACTION: TYPE II-20
RESOLUTION NO. 271 - IMPLEMENTATION OF THE 2005 BUDGET - DEPARTMENTAL FEES
MOVED by Mr. Koplinka-Loehr, seconded by Mr. Winch, and unanimously adopted by voice vote by members present under the Consent Agenda.
WHEREAS, various departments are authorized to charge assorted
fees for various services, now therefore be it
RESOLVED, on recommendation of the appropriate program committees,
That all changes increases in fees and changes in methods of charging fees
specifically identified in the departmental budget requests, recommended
by the Budget and Capital Committee for 2005, and included in the 2005
budget adopted by the Tompkins County Legislature, are hereby authorized
and approved.
SEQR ACTION: TYPE II-20
RESOLUTION NO. 272 - AUTHORIZING FY 2005 FEDERAL SECTION 5309 GRANT – TCAT, INC.
MOVED by Mr. Koplinka-Loehr, seconded by Mr. Winch, and unanimously adopted by voice vote by members present under the Consent Agenda.
WHEREAS, the Secretary of the United States Department of Transportation
is authorized to make grants for mass transportation projects pursuant
to Section 5309 of Chapter 53, Title 49 of the United States Code (formerly
Section 9, Federal Transit Act of 1964), and
WHEREAS, the County of Tompkins is the designated recipient of Section
5309 urban formula transit funds and will apply on behalf of Tompkins Consolidated
Area Transit, Inc. (TCAT) to receive and use said funds, and
WHEREAS, the County of Tompkins desires to submit a request for a grant
of funds to the Federal Transit Administration, in the amount of $414,000
to assist in purchasing one hybrid electric bus and smartcard fare collection
for TCAT buses, and
WHEREAS, the project was approved by the Ithaca-Tompkins County Transportation
Council and included in the 2001-2006 Transportation Improvement Program,
as amended, now therefore be it
RESOLVED, on recommendation of the Budget and Capital Committee, That
the Tompkins County Legislature authorizes the County Contracts Coordinator
to execute and file an application on behalf of the County of Tompkins
with the United States Department of Transportation and the New York State
Department of Transportation for the FY 2005 Section 5309 Grant.
SEQR ACTION: TYPE II-20
RESOLUTION NO. 273 - AMENDMENT OF THE DEFERRED COMPENSATION PLAN FOR EMPLOYEES OF TOMPKINS COUNTY
MOVED by Mr. Koplinka-Loehr, seconded by Mr. Winch, and unanimously adopted by voice vote by members present under the Consent Agenda.
WHEREAS, the New York State Deferred Compensation Board (the "Board"),
pursuant to Section 5 of the New York State Finance Law ("Section 5") and
the Regulations of the New York State Deferred Compensation Board (the
"Regulations"), has promulgated the Plan Document of the Deferred Compensation
Plan for Employees of Tompkins County (the "Model Plan") and offers the
Model Plan for adoption by local employers, and
WHEREAS, Tompkins County, pursuant to Section 5 and the Regulations,
has adopted and currently administers the Model Plan known as the Deferred
Compensation Plan for Employees of Tompkins County, and
WHEREAS, effective May 21, 2004, the Board amended the Model Plan to
adopt provisions relating to
· Authorization to reject a participant investment request if
the request is contrary to the rules, regulations, or prospectus of the
affected investment fund.
· Authorization to distribute assets that have been rolled into
the plan from another qualified retirement plan in accordance with the
distribution rules of the plan that previously held the assets.
· Limitations on a participant’s eligibility to obtain a loan
in the event that the participant has previously defaulted on a loan.
· Modifications related to comments provided by the Internal
Revenue Service in response to the Board’s request for a private letter
ruling stating that the Model Plan document constitutes an “eligible deferred
compensation plan.”
· Technical amendments pertaining to plan loan rules and the
status of plan loans and other withdrawals upon the death of a participant.
WHEREAS, the Board has offered for adoption the amended and restated
Model Plan to each Model Plan sponsored by a local employer in accordance
with the Regulations, and
WHEREAS, upon due deliberation, Tompkins County has concluded that
it is prudent and appropriate to amend the Deferred Compensation Plan for
Employees of Tompkins County by adopting the amended and restated Model
Plan, now therefore be it
RESOLVED, on recommendation of the Budget and Capital Committee, That
Tompkins County hereby amends the Deferred Compensation Plan for Employees
of Tompkins County effective January 1, 2005, by adopting the amended and
restated Model Plan effective May 21, 2004, in the form attached hereto
as Exhibit A.
SEQR ACTION: TYPE II-20
Exhibit A
Summary of Amendments to the Model Plan Document
Effective May 21, 2004
The New York State Deferred Compensation Board voted to amend the Plan
Document for the Deferred Compensation Plan of [Name of Local Employer],
commonly referred to as the Model Plan Document, on September 27, 2004.
The following is a summary of those amendments..
Retirement Catch-Up Limitation - The determination of the maximum Retirement
Catch-Up deferral amount is limited to the plan years during which the
participant was eligible to participate in the Model Plan sponsored by
his or her current employer. (Section 3.2(b)(ii))
Individual Transaction Restrictions - The Administrative Service Agency of a Model Plan may reject an investment direction from a participant if the requested transaction would be contrary to the rules, regulations or prospectus of the investment fund. (Section 4.5)
Mandatorv Distribution of Plan Accounts - Model Plans are permitted to require a participant to withdraw all assets from his or her plan account if the account holds less than $5,000. This amendment will require the Model Plan to comply with requirements of the Internal Revenue Code (§401 (a)(31)) with regard to such mandatory distributions and to comply with any future rules relating to that section. (Section 6.4)
Plan Loan Rules - A Model Plan that permits loans must, at a minimum, comply with the provisions set forth in the Model Plan document in the event the Model Plan sponsor adopts additional requirements. (Section 6.5)
Limitations on Loans Subsequent to a Default - Any loan that is in default is deemed to be an outstanding loan until paid in full. A Model Plan may permit a loan to a participant who has previously defaulted on a loan, but only after the maximum time period for which the original loan could have been repaid has expired. The amount of the original loan and accrued interest is deducted from the maximum permissible amount for any loan subsequent to a default. (Section 6.5)
Withdrawal of Rollover Assets - A Model Plan may permit participants
who have rolled assets into the plan from another qualified retirement
plan to receive a distribution of those assets at any time in accordance
with the rules of the plan that originally held the assets provided that
the assets are separately accounted for. Assets rolled in from another
governmental deferred compensation plan may not be distributed until the
participant is eligible for a distribution under the rules for a governmental
deferred compensation plan.
Status of Plan Loans and In-service Withdrawal Requests Upon Death of
Participant - If a participant should become deceased prior to the payment
of proceeds of any withdrawal or loan requested under Section 6, the loan
or benefit payment request is deemed void as of the date of his or her
death. (Section 6.7)
Rollovers bv Alternate Pavees - A direct rollover of assets into a
Model Plan by an alternate payee may only be made by an alternate payee
who is the spouse or former spouse of the participant in the plan. (Section
7.5(b)
Purchase of Retirement Service Credit - Participants may use plan assets
to purchase retirement service credit in any governmental defined benefit
plan. This provision is no longer restricted to such plans within the State
of New York. (Section 7.5 (c)).
Liabilitv Limitation of Committee Members - As requested by the IRS,
provides clarification that Deferred Compensation Committee members are
not protected from liability in the event that the member has failed to
act in good faith or has engaged in gross negligence or willful misconduct.
(Section 9.3)
Deferral Limits for 2005
Regular Deferral Limit Additional Deferral for Age 50 Maximum Retirement
and Over Participants Catch-Up Deferral
$14,000 $4,000 $14,000
Participants who become Age 50 at any time during calendar year 2005 are eligible to make Age 50 and Over Catch-Up Contributions.
Participants who are eligible to retire in 2008 or sooner without a reduction in benefits are eligible to participate in the Retirement Catch-Up provision in 2005. The additional amount that a participant may contribute under the Retirement Catch-Up provision is based on the difference between the amount contributed to the Plan in past years and the maximum amount that could have been contributed to the Plan in those years ("underutilized deferrals")
A participant may not make Age 50 and Over contributions and Retirement Catch-Up contributions during the same time. However, if a participant is participating in the Retirement Catch-Up provision and is, also, eligible to make Age 50 and Over contributions, the higher contribution maximum may be used
Appointment(s) Approved Under the Consent Agenda
It was MOVED by Mr. Koplinka-Loehr, seconded by Mr. Winch, and unanimously adopted by voice vote by members present, to approve the following appointment(s) under the Consent Agenda:
Hillview Road Landfill Citizens Advisory Committee
Brian B. Eden - At-large representative; term expires December
31, 2008
Emergency Communications Review and Oversight Committee
Vincent P. Monticello - Ithaca Police Department representative; term
expires December 31, 2007
Ethics Advisory Board
Faust F. Rossi - term expires December 31, 2005
Public Information Advisory Board
Charles W. Brodhead - term expires December 31, 2006
Community Mental Health Services Mental Retardation/Developmental
Disabilities Subcommittee
John Orak - Community Member representative; term expires December
31, 2008
Community Mental Health Services Substance Abuse Subcommittee
Nancy Zahler - Community Member representative; term expires December
31, 2008
Office for the Aging Advisory Committee
Terms expire December 31, 2007
Eleanor May
Carol John
Terry A. Beckley
Randolph Warden
Terms expire December 31, 2006
Catherine K. Paddock
Roger Rector
Personal Emergency Response Service Advisory Board
Terms expire December 31, 2006
Phyllis Stout - At-large representative
Lorinda May - Health Department representative
Youth Services Board
Term expires December 31, 2006
Wesley Sanders - Youth At-large representative
Terms expire December 31, 2007
Kathleen Schlather - At-large representative
Barbara Barry - Town of Lansing representative
Planning Advisory Board
Terms expire December 31, 2007
Scott Whitham - Cultural/Historic Preservation representative
David A. Herrick - Infrastructure/Utilities representative
Fred T. Wilcox III - Local Planning representative
Herbert J. Engman - Environment representative
Daniel W. Krall - Built Environment Design representative
Environmental Management Council
Terms expire December 31, 2006
Keith Epstein - At-large representative
Karen Edelstein - At-large representative
Herbert J. Engman - At-large (#10) representative
Dan Lamb - At-large (#8) representative
John V. Dennis - Village of Lansing representative
Glynn Morgan Bebee - City of Ithaca representative
Kenny Christianson - At-large (#7) representative
Term expires December 31, 2005
Mark C. Whitmore - At-large (#2)
Strategic Tourism Planning Board
Terms expire December 31, 2007
Stuart W. Stein - At-large representative
Paul J. Tatar - Agriculture/Recreation representative
Renata M. Ballard - Retail representative
Jon Reis - Arts representative
Scott Wiggins - Hotels/Bed and Breakfasts representative
Carol I. Chock - Culture representative
Gary Stewart - Cornell University representative
Water Resources Council Terms expire December 31, 2007
Term expires December 31, 2005
Todd Schmit - Municipal Government representative
Craig Schutt - Soil and Water Conservation District representative
Roxanna Johnston - Water Purveyor representative
Roxanne Marino - Municipal representative
Scott Wiggins - Economic Development representative
Report and Presentation of Resolution(s) from the Planning, Development and Environmental Quality Committee
Ms. Herrera, Chair, reported the Committee met prior to this meeting to discuss resolutions on the agenda.
RESOLUTION NO. 274 – AWARD OF TOURISM CAPITAL GRANTS FROM ROOM OCCUPANCY TAX FUND
MOVED by Ms. Herrera, seconded by Booth. Mr. Proto clarified the following change that should have been made in the project description: "… that if the pilot project is successful, that the greater winterization shall be "pursued", instead of "explored". Ms. Herrera agreed and said her motion to award these grants includes that amended language.
Mr. Penniman did not support the change in language and said he feels it is presumptuous to assume that improving part of the Farmer's Market would automatically make it logical to do all of it. He said he has great confidence in the Farmer's Market Board to make that decision.
Ms. Robertson noted that the resolution only approves the funding and that the attached report is not part of the resolution. Therefore, the language change being discussed is also not part of the resolution.
A voice vote resulted as follows: Ayes - 13, Noes - 0, Excused - 2 (Legislators Kiefer and McBean-Clairborne). RESOLUTION ADOPTED.
WHEREAS, Resolution No. 147 of 2003, authorized the County to
enter into an agreement with Tompkins County Area Development (TCAD) to
administer the Tourism Capital Grants Process, which included designing
the application process, reviewing and analyzing the feasibility and economic
impact of tourism projects, and providing oversight for tourism projects,
and
WHEREAS, funding exists within the Room Tax Occupancy budget
for Tourism Capital Grants, and
WHEREAS, TCAD reviewed the following projects with the Strategic
Tourism Planning Board (STPB), and the STPB anticipates that the following
projects will encourage the development of tourism products and attractions
in order to improve community assets, increase the tourism business in
the County, and increase the income from the Room Occupancy tax, and the
grant awards have been reviewed and recommended by the STPB, now therefore
be it
RESOLVED, on recommendation of the Planning, Development and
Environmental Quality Committee, That the County Administrator or
his designee is authorized to sign all documents related to these projects:
Entity Project Award
Ithaca Farmers Market Winterization Ph. 1 $10,000
Finger Lakes Wine Center Feasibility Study Ph. 2 $7,500
SEQR ACTION: TYPE II-20
RESOLUTION NO. 275 - MAKING A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE IN RELATION TO RESOLUTION NO. 276 OF 2004
MOVED by Ms. Herrera, seconded by Ms. Robertson. Mr. Proto
said the Negative Declaration states there will not be any environmental
impact. Mr. Marx said the environmental assessment that was done
for this SEQR finding specifically identified that there would be some
actions proposed in the plan. He said the plan only evaluates those
actions that are in the plan and specifically acknowledges that this environmental
assessment is not the final environmental impact analysis for every potential
action. Mr. Proto said there is also a piece that addresses social
and economic impacts and asked if this is the action that also reviews
those things. Mr. Marx responded this resolution does not cover social
and economic impacts anymore than any other SEQR determination made by
the County. Mr. Wood said there are some cases in New York State
Law that say when you do an Environmental Impact Statement that you should
look at social and economic factors as well. He said this particular
EAF form does not cover those things. Ms. Robertson said she
feels this plan will have a positive environmental impact.
A voice vote resulted as follows: Ayes - 13, Noes - 0, Excused -
2 (Legislators Kiefer and McBean-Clairborne). RESOLUTION ADOPTED.
WHEREAS, in Resolution No. 276 of 2004, the Tompkins County Legislature
would adopt the Tompkins County Comprehensive Plan to guide County program
development and decision making, and
WHEREAS, the Tompkins County Legislature has reviewed and accepted
as adequate an Environmental Assessment Form with respect to that action,
now therefore be it
RESOLVED, on recommendation of the Planning, Development and Environmental
Quality Committee, That Resolution No. 276 of 2004 is a Type I action,
RESOLVED, further, That the Tompkins County Legislature determines
that the Tompkins County Comprehensive Plan will not have a significant
effect on the environment,
RESOLVED, further, That the Tompkins County Legislature hereby makes
a negative declaration of environmental significance in regard to Resolution
No. 276 of 2004.
SEQR ACTION: TYPE I
RESOLUTION NO. 276 - ADOPTION OF THE TOMPKINS COUNTY COMPREHENSIVE PLAN
MOVED by Ms. Herrera, seconded by Mr. Winch. Ms. Herrera commended everyone across the County who has given input on this Plan.
Mr. Winch made the following statement: "I would like to voice my complete support for the Draft Comprehensive Plan as presented by Commissioner Marx and his top-notch staff from the Planning Department.
"This Plan is an attempt to assist municipalities, if they so desire, to move forward in their municipalities to coordinate plans for the future in meeting housing needs, protecting our natural beauty and viewscapes, while at the same time being sensitive to environmental issues such as air and water protection. Some areas that I am aware that need to be worked on in my community are: increased affordable housing, aquifer and municipal water supply protection, coordinated growth in housing that protects our natural viewscapes and yet consolidates needs for transportation and does not increase the need for highway expansion.
"I attended several of the municipal presentations hosted by various County Planning staff that presented the Plan and listened to the concerns of citizens, both pro and con. This Plan is not a mandate to municipalities to do something, but an invitation to work together for municipal and County goals. It is an introduction that presents highly qualified planning professionals that can work together for the betterment of municipalities and the County while preserving our natural beauty, our precious natural resources, and our diverse "sense of community" in each community's unique way.
"Personally, I look forward to continuing to foster the relationship between our County Planning staff and the municipalities that I represent.
"It is my hope and desire to continue to make Tompkins County a model for others to follow".
Mr. Lane congratulated the Planning Department and others who have contributed to this Plan. He said there has been a real effort to reach out to the community to gather input and he supports what is being presented. He said this is a comprehensive, coordinated effort to look at the County and the entire region as a whole.
Mr. Totman said for years the towns have successfully been doing their own planning and zoning. He expressed concern that although the towns have endorsed this Plan, it was by a close vote.
Ms. Robertson said she is very pleased with this Plan and feels it will be a great resource. She spoke of comments made by some town boards, that have requested a postponement on this. She said there has been a very public process that has gone on for a long time and there has been sufficient opportunity for input to be incorporated into the final product.
Ms. Blanchard asked how some of the substantive issues that were raised would be addressed. Mr. Marx said there was a conscious decision not to address every issue in the Plan but those have been noted for future consideration and may be included in future plans. He said some changes have been made to the Plan that reflect comments that have been made and other comments will continue to be considered in the future.
Mr. Proto stated his remarks are in no way a reflection on Mr. Marx or the Planning Department staff. He said he does not feel this is a comprehensive plan. He spoke to the following parts of the plan:
§ The plan specifically redirects resources; there are statements
about infrastructure enhancements and those parts of the County not receiving
those enhancements should be recognized by receiving some reduction in
their tax rate.
§ Sales tax redistribution and the 20th year. He said the
towns of Danby and Caroline are not interested in having an explosion of
40,000 residents; however, if the developments proposed in the Plan are
to receive sales tax distribution based on the current population-based
formula, the areas of the County he represents will suffer.
§ The financial impact of the non-tax paying parcels and how it
affects those parts of the County as this plan moves forward. He
feels this relegates certain parts of the County to slow- or no-growth.
He is concerned that it places emphasis on where the growth is going and
establishes priorities.
§ The Planning Advisory Board is made up of members that represent
organizations that receive funding from the County and asked if they would
vote against a plan such as this. The part of the Plan that deals
with agriculture was also of concern to him.
§ He noted the Agricultural and Farmland Protection Board did
not vote to proceed with the purchase of development rights program.
It recognized it as a tool but did not endorse it. Mr. Proto noted
this Plan alludes to it in a number of ways.
He said he has presented this to several different organizations and has received both positive and negative feedback but does not feel it is ready for adoption at this point in time.
A voice vote resulted as follows: Ayes - 12, Noes - 1 (Legislator Proto); Excused - 2 (Legislators Kiefer and McBean-Clairborne). RESOLUTION ADOPTED.
WHEREAS, in 2002, the Tompkins County Board of Representatives adopted
interim Vital Communities Development and Preservation Principles based
on a community-defined vision of future growth and development in Tompkins
County, and
WHEREAS, the interim Vital Communities Development and Preservation
Principles were recognized as being interim until a County Comprehensive
Plan was adopted by the County Legislature, and
WHEREAS, the Tompkins County Planning Department, with guidance, advice,
and recommendation from the Tompkins County Planning Advisory Board, has
developed a Tompkins County Comprehensive Plan that addresses regional
and intermunicipal issues that affect the daily lives of Tompkins County
residents, such as housing, transportation, jobs, the environment, and
neighborhoods and communities, and
WHEREAS, the County has, through its Department of Planning, engaged
in an extensive outreach effort to solicit public input and determine public
support for the Comprehensive Plan’s Principles, Policies, and Action Items
as a means for guiding growth and development in Tompkins County in ways
that enhance our quality of life, while providing for a stronger local
economy, and
WHEREAS, the Draft Comprehensive Plan was presented for feedback and
comments at 14 open houses and public meetings in all municipalities in
the county and 17 community groups and advisory board meetings, including
business associations, community associations, and civic organizations,
and
WHEREAS, a display educating the public about the Draft Comprehensive
Plan and its Principles, Policies, and Action Items was exhibited at numerous
libraries, senior centers, community halls, and other public gathering
places, and
WHEREAS, an over-arching principle of the Tompkins County Comprehensive
Plan is that Tompkins County will work proactively with towns, villages,
the City of Ithaca, and state and federal agencies to cooperatively address
regional issues, and
WHEREAS, New York State law clearly places land use authority in the
hands of its towns, villages, and cities, and
WHEREAS, New York State also specifically recognizes that intermunicipal
planning is needed to cooperatively address regional issues and encourages
the development of county comprehensive plans to address development and
preservation issues that transcend local political boundaries, and
WHEREAS, New York State gives counties the authority to have
comprehensive plans, and
WHEREAS, the Tompkins County Charter calls for preparation of
a Comprehensive Plan for Tompkins County, and
WHEREAS, the Tompkins County Comprehensive Plan provides a strategic
framework for addressing issues of concern to the County, and
WHEREAS, a public hearing was held on December 7, 2004, to hear all
interested parties, now therefore be it
RESOLVED, on recommendation of the Planning, Development and Environmental
Quality Committee, That the Tompkins County Comprehensive Plan is intended
to be used to guide County program development and decision-making,
RESOLVED, further, That the Tompkins County Comprehensive Plan should
be used in association with other factors, such as fiscal impacts, service-delivery
needs, and environmental impacts, to guide decision-making by the County,
RESOLVED, further, That, when there is a perceived conflict between
sections of the Plan, the Tompkins County Legislature intends that the
Tompkins County Comprehensive Plan’s Principles, Policies, and Action Items
be used as a whole to evaluate the impacts of various actions,
RESOLVED, further, That, the Principles contained in the Tompkins County
Comprehensive Plan now supercede the previously adopted interim Vital Communities
Development and Preservation Principles,
RESOLVED, further, That the Tompkins County Comprehensive Plan is adopted,
RESOLVED, further, That the Plan can be amended from time to time and
that the Plan shall be reviewed, at a minimum, every five years.
SEQR ACTION: TYPE I-1
(Full EAF on file with Clerk)
RESOLUTION NO. 277 - FUNDING OF COMMUNITY CELEBRATIONS GRANTS
MOVED by Ms. Herrera, seconded by Mr. Booth, and unanimously adopted by voice vote by members present.
WHEREAS, Tompkins County has a grant program for community celebrations
using funds drawn entirely from Room Occupancy Tax, and
WHEREAS, Tompkins County has requested and reviewed grant applications
for recommendation to the Tompkins County Legislature through the Planning,
Development and Environmental Quality Committee with the advice of the
Strategic Tourism Planning Board, now therefore be it
RESOLVED, on recommendation of the Planning, Development and
Environmental Quality Committee, That the following grants are approved:
Town of Newfield - Newfield Old Home Days 2005 $ 1,100
Town of Enfield- Enfield Historical Plaque & Brochure $
700
Village of Groton- Groton Pizza Fun Day 2005 $ 1,025
City of Ithaca - 100-Year Anniversary of IHS Orchestra $ 1,000
Town of Groton - Native Recognition Award $
770
TOTAL $ 4,595
RESOLVED, further, That the County Administrator or designee shall
be authorized to sign any documents related to the aforementioned projects.
SEQR ACTION: TYPE II-20
Appointment(s)
It was MOVED by Ms. Herrera, seconded by Mr. Booth, to approve the following advisory board appointment:
Scott Daniel Doyle - At-large (#2) representative to the Environmental
Management Council; term expires December
31, 2006
Mr. Proto said he has concern that although three individuals
are professionally credentialed very well, they are short-time residents
of this community. He said community familiarity is just as important
as professional credentials. Ms. Blanchard agreed with Mr.
Proto's comments. A voice vote resulted as follows: Ayes
- 9, Noes - 4 (Legislators Blanchard, Proto, Totman, and Winch); Excused
- 2 (Legislators Kiefer and McBean-Clairborne). APPOINTMENT CARRIED.
It was MOVED by Ms. Herrera, seconded by Mr. Booth, and unanimously adopted by voice vote by members present, to appoint Steven Uzmann as an At-large (#12) representative to the Environmental Management Council for a term expiring December 31, 2006. A question was raised about Mr. Uzmann's residency and it was clarified that the municipality he resides in is in Tompkins County.
It was MOVED by Ms. Herrera, seconded by Mr. Booth, to approve the following advisory board appointments:
Nick Schipanski - At-large representative to the Water Resources
Council; term expires December
31, 2005
Darby Kiley - At-large representative to the Water Resources
Council; term expires December
31, 2007
A voice vote resulted as follows: Ayes - 9, Noes - 4 (Legislators
Blanchard, Proto, Totman, and Winch); Excused - 2 (Legislators Kiefer and
McBean-Clairborne). APPOINTMENTS CARRIED.
It was MOVED by Ms. Herrera, seconded by Mr. Booth, to approve
the following advisory board appointment:
Daniel E. Karig - Recreation representative to the Water Resources
Council for a term expiring December 31, 2007. Mr. Proto expressed
concern that this individual is being appointed to a seat that has been
filled in the past by a representative associated with organizations such
as the State Parks, Cayuga Lake, or Coast Guard Auxiliary. Mr. Proto
said this individual would better serve the advisory board by representing
a different slot. He said he will not support the appointment because
he feels this is an inappropriate use of the designated seat.
A voice vote resulted as follows: Ayes - 9, Noes - 4 (Legislators
Joseph, Proto, Totman, and Winch); Excused - 2 (Legislators Kiefer and
McBean-Clairborne). APPOINTMENTS CARRIED.
Report and Presentation of Resolution(s) from the Government Operations Committee
Mr. Lane, Chair, reported the Committee met on December 16 and most of the business conducted at that meeting is reflected in the resolutions on the agenda for this meeting. Valeria Coggin, Director of Assessment, attended that meeting and provided the Committee with a report about a class action suit by NYSEG against municipalities with respect to the assessment for special franchises in the region. Ms. Coggin reported that for the first time New York State wants to require the various affected municipalities to pay the cost of that potential action. The extent of the potential hit to Tompkins County could be as high as $600,000. She said State Legislators for Tompkins County need to receive a message that this would not be acceptable to the residents of the County and request they advocate against this. Ms. Robertson asked that this item, along with the issue of State decisions raising property taxes, be added to the list of items to be rallied against during the January 24 trip to Albany.
Mr. Lane said the Committee also discussed the recommendation by the Ethics Advisory Board for a review and discussion of the Code of Ethics. He said copies of this have been placed in Legislator's mailboxes and asked that comments be submitted to Catherine Covert, Clerk of the Legislature.
Mr. Lane concluded his report by thanking all Legislators who served on the Committee during 2004 as well as Catherine Covert, Clerk, who provided staff support to the Committee throughout the year.
RESOLUTION NO. 278 - SETTING SALARIES OF MEMBERS OF THE TOMPKINS COUNTY LEGISLATURE TO BE ELECTED FOR THE TERM COMMENCING JANUARY 1, 2006
MOVED by Ms. Herrera, seconded by Mr. Koplinka-Loehr. Mr. Koplinka-Loehr said the members of this Legislature who are excused this evening had expressed a desire to speak to this resolution and he suggested that this resolution be delayed until the next meeting. It was MOVED by Mr. Koplinka-Loehr and seconded by Ms. Schuler, to postpone this resolution to the next meeting.
Mr. Lane spoke against delaying action on this resolution. He noted the salaries outlined in the resolution will take effect in 2006 and will impact only the Legislators serving the next term. He said all Legislators term will expire on December 31, 2005, and does not feel it should be an issue during the election and that all candidates should know the salary for the office they are running for.
Mr. Herrera said she will support the motion to postpone because she does not feel a two-week delay to allow for input from excused members will cause any harm.
It was MOVED by Mr. Penniman, seconded by Mr. Koplinka-Loehr, to call the question on postponing. A voice vote on calling the question resulted as follows: Ayes - 12, Noes - 1 (Legislator Lane); Excused - 2 (Legislators Kiefer and McBean-Clairborne).
A voice vote on the motion to postpone resulted as follows: Ayes - 6 (Legislators Herrera, Joseph, Koplinka-Loehr, Proto, Robertson, and Schuler); Noes - 7 (Legislators Blanchard, Booth, Lane, Penniman, Todd, Totman, and Winch); Excused - 2 (Legislator Kiefer and McBean-Clairborne). MOTION FAILED.
The following substitute resolution was MOVED Mr. Lane, seconded by Mr. Booth:
(SUBSTITUTE)
WHEREAS, elections for all 15 members of the Tompkins County Legislature
will be held in 2005 for terms commencing on January 1, 2006, and
WHEREAS, it is appropriate that the level of compensation be
established well in advance of the election so that prospective candidates
and voters will be informed as to the salaries to be paid to Legislators
for lost opportunity for employment during time required, and
WHEREAS, a May 1996 self-monitoring survey of Tompkins County Legislators
members determined that the average monthly time commitment was 30 hours
per week, and
WHEREAS, an annual Cost of Living Adjustment (COLA) for County
Representatives is a reasonable way to recognize this time commitment,
now therefore be it
RESOLVED, on recommendation of the Government Operations Committee,
That the annual salary for a member of the Tompkins County Legislature
elected for the term commencing January 1, 2006, shall be as follows:
January 1, 2006-December 31, 2006:
$16,250
January 1, 2007-December 31, 2007:
$16,500
January 1, 2008-December 31, 2008:
$16,750
January 1, 2009-December 31, 2009:
$17,000
RESOLVED, further, That the annual salary for the Chair of the
Tompkins County Legislature elected for the term commencing January 1,
2006 shall be one and one-half the salary of a Legislator not serving as
Chairman,
RESOLVED, further, That the fiscal target for the Tompkins County
Legislature be adjusted accordingly each year for the salary and fringe
increases of the Legislature.
Mr. Lane spoke to the substitute and said the resolution that was adopted by a 3-1 vote at the meeting of the Government Operations Committee had a different salary schedule than the one he is proposing. He said he feels the increases are more than he can support as a legislator, particularly because of the attempt to recover in the first year the two-years when salary increases were waived for 2002 and 2003. He said he is proposing a more modest increase. He said it is important that people are encouraged to come on the Legislature to make a diverse body and he feels the salary schedule he is proposing is appropriate.
Ms. Herrera said many Legislators are self-employed professionals and make a large enough income that a change of a few thousand dollars doesn't make a difference to them. She said it does, however, discourage working-class people from running for an office like this and prevents there from being a true representative legislature.
Mr. Totman said Legislators should look at their position on the Legislature as performing a public service and not as a regular salary.
Ms. Blanchard said she does not feel that the levels being proposed in either resolution will make a difference in anyone choosing to run for political office. She believes more people would run for a political office if the amount of time spent on County business was reduced.
Mr. Winch said he believes Tompkins County Legislators are paid considerably more than Legislators from other counties. He stated this should be a part-time job and too much time is spent doing staff-work rather than setting policy, which he believes is the responsibility of a legislator.
Ms. Robertson said she had hoped there would have been a compromise between the two proposals. She stated if Legislators are not paid a reasonable level of compensation then only one class of people can afford to serve. She disagreed with the statement that Legislators run County departments.
Mr. Proto said over the years he has not supported salary increases for Legislators. He said it is true that some have more time to devote than others and in the past has not supported pay increases. However, he agrees with Ms. Herrera that salaries need to attract a diverse group of individuals to serve. He said this Legislature has set the example of not increasing salaries and feels that has gone unnoticed; therefore; he will support this substitute proposal.
Mr. Penniman said he will support the higher level of salaries but feels more effort could be placed on reducing the time of meetings and the overall time put in by Legislators. He agrees with the comments that either increase is trivial to the job Legislators are doing. He spoke of his personal situation and said since he began serving on the Legislature he has had to hire an employee to perform duties in his absence at a cost higher than the salary he earns as a Legislator. Mr. Penniman said the larger issue for him is recruitment and said it is important that more people have an opportunity to run for public office.
Mr. Todd said when he first came on the board in the mid-1960's the salary was $2,500 per year.
A voice vote on the substitute resolution resulted as follows: Ayes - 6 (Legislators Blanchard, Booth, Lane, Todd, Totman, and Winch); Noes - 7 (Legislators Herrera, Joseph, Koplinka-Loehr, Penniman, Proto, Robertson, and Schuler); Excused - 2 (Legislators Kiefer and McBean-Clairborne). AMENDMENT FAILED.
It was MOVED by Mr. Koplinka-Loehr, seconded by Ms. Schuler, to postpone the resolution until January 4, 2005. A voice vote on the motion to postpone resulted as follows: Ayes - 5 (Legislators Herrera, Joseph, Koplinka-Loehr, Penniman, Robertson, and Schuler); Noes - 8 (Legislators Blanchard, Booth, Lane, Proto, Todd, Totman, and Winch); Excused - 2 (Legislators Kiefer and McBean-Clairborne). MOTION TO POSTPONE FAILED.
A roll call vote on the following original resolution resulted as follows: Ayes - 6 (Legislators Herrera, Joseph, Koplinka-Loehr, Penniman, Proto, and Schuler); Noes - 7 (Legislators Blanchard, Booth, Lane, Robertson, Todd, Totman, and Winch); Excused - 2 (Legislators Kiefer and McBean-Clairborne). ORIGINAL RESOLUTION FAILED.
WHEREAS, elections for all 15 members of the Tompkins County Legislature
will be held in 2005 for terms commencing on January 1, 2006, and
WHEREAS, it is appropriate that the level of compensation be
established well in advance of the election so that prospective candidates
and voters will be informed as to the salaries to be paid to Legislators
for lost opportunity for employment during time required, and
WHEREAS, a May 1996 self-monitoring survey of Tompkins County Legislators
members determined that the average monthly time commitment was 30 hours
per week, and
WHEREAS, an annual Cost of Living Adjustment (COLA) for County
Representatives is a reasonable way to recognize this time commitment,
now therefore be it
RESOLVED, on recommendation of the Government Operations Committee,
That the annual salary for a member of the Tompkins County Legislature
elected for the term commencing January 1, 2006, shall be as follows:
January 1, 2006-December 31, 2006:
$17,500
January 1, 2007-December 31, 2007:
$17,900
January 1, 2008-December 31, 2008:
$18,300
January 1, 2009-December 31, 2009:
$18,700
RESOLVED, further, That the annual salary for the Chair of the
Tompkins County Legislature elected for the term commencing January 1,
2006 shall be one and one-half the salary of a Legislator not serving as
Chairman,
RESOLVED, further, That the fiscal target for the Tompkins County
Legislature be adjusted accordingly each year for the salary and fringe
increases of the Legislature.
SEQR ACTION: TYPE II-20
RESOLUTION NO. 279 - APPROVING EXECUTION OF CONTRACT BETWEEN THE COUNTY AND KIRBY, MCINERNEY & SQUIRE, LLP FOR MEDICAID PHARMACEUTICAL LITIGATION REPRESENTATION
MOVED by Mr. Lane, seconded by Ms. Schuler, and unanimously adopted by voice vote by members present.
WHEREAS, Tompkins County is responsible to pay approximately twenty-five
(25%) percent of the prescription drug costs for persons enrolled in the
Medicaid program for whom Tompkins County is deemed fiscally responsible,
and
WHEREAS, payment for prescription drugs covered by Medicaid is
based on the average wholesale price (AWP) as set by reporting companies
based upon information obtained from the pharmaceutical companies, and
WHEREAS, government investigators have reported that the AWP
has been artificially inflated due to improper information provided by
the pharmaceutical companies, and
WHEREAS, Tompkins County has borne the financial burden of these
artificially inflated charges, and
WHEREAS, numerous other New York Counties have retained or intend
to retain the firm of Kirby, McInerney & Squire, LLP, 830 Third Avenue,
New York, New York, 10022, to represent their respective counties and to
initiate legal proceedings against pharmaceutical companies and all parties
responsible to recover overpayments as a result of artificially inflated
AWP of prescription drugs, and
WHEREAS, Kirby, McInerney & Squire, LLP, has proposed to
represent the County of Tompkins based upon percentage contingency fee
on all recovery, and
WHEREAS, the County Attorney recommends retaining the services
of Kirby, McInereny & Squire, LLP, now, therefore, be it
RESOLVED, on recommendation of the Government Operations Committee,
That the County Attorney is authorized to enter into an agreement with
Kirby, McInerney & Squire, LLP, 830 Third Avenue, New York, New York,
10022, for the purpose of pursuing an action against pharmaceutical companies
and other responsible parties to recover overpayment made by Tompkins County
as a result of artificially inflated average wholesale prices of Medicaid
covered prescription drugs.
SEQR ACTION: TYPE II-20
Report from the Communications Capital Projects Committee
Mr. Penniman, Chair, reported the Committee met on December 16th and heard good news about the cut-over to the new Emergency Communications Center that took place on December 15. The Committee also heard an update on preparations for negotiations to contract with vendors for construction of the new radio communications system. The Committee also received a report from Mr. Whicher, County Administrator, on the management structure for that project.
Report from the Space Needs and Location Committee
Mr. Proto, Chair, reported the Committee met on December 8 and had a very interesting discussion and meeting with individuals from LaBella Associates. LaBella will meet next with staff from the Health Department to analyze space needs there. Mr. Proto said they are beginning with the Health Department because that Department was identified as having the greatest need. He said he has asked the County Attorney to prepare a summary for the Committee on what the process is to dispose of properties once they are declared no longer needed for public use. The next meeting will be January 5, 2005.
Report from the Health and Human Services Committee
Ms. Robertson, Chair, reported the Committee met on December 8th. At that meeting the Committee received an interesting report from Mr. Winch who is the liaison to the Board of Health. Tom Herden of DSS, reported that according to the Medicaid Weekly Shares Report, the State will be counting 53 weeks in 2004. She said this will cost Tompkins County approximately $20,000 more. Ms. Robertson said there was some additional frustration expressed by Department of Social Services staff about overburden aid. There are a number of additional items that will be moved to Medicaid that will require a local share. Ms. Robertson said the State has decided it would withhold $19 million in each of the last two years, of the money that is paid for overburden to reimburse counties for Medicaid expenses that are incurred. This cost Tompkins County $70,000 in each of the last two years. Mr. Whicher has discussed a possible lawsuit with NYSAC and will keep the Legislature informed. Ms. Robertson reported there was an increase in Medicaid cases; however, the number of children in foster care institutions went down. The Committee heard reports from the Youth Services Department on the Job Link Program and from Charles Nocera of the American Red Cross, on homelessness in Tompkins County and shelter operations. She announced the December 22 meeting has been canceled; the next meeting will be January 12th.
Report from the Facilities and Infrastructure Committee
Mr. Booth, Chair, reported the Committee met and heard a report from Johnson Controls on the effort to provide for energy efficiency. He will provide all members of the Legislature with information that was presented to the Committee. Mr. Booth thanked members for their work in 2004 and announced the December 28 meeting has been canceled.
Report from the Public Safety Committee
Ms. Blanchard, Chair reported the Committee has not met since the last Legislature meeting. The next meeting will be January 6, 2005.
Report from the Consumer and Community Affairs Committee
Mr. Totman, Vice Chair, reported the Committee met prior to this meeting and passed the resolution allowing the County Administrator to contract with Advanced Energy for the Municipal Gas and Electric Alliance. The Committee will meet on January 6th when a report will be given on internet access of County Clerk documents. Information will be provided to the Committee related to e-rate surcharges.
Report and Presentation of Resolution(s) and Appointment(s) from the Budget and Capital Committee
Mr. Koplinka-Loehr, Chair, reported the Committee met on December 14th. In addition to taking action on the resolutions that appear on the agenda, the Committee also reviewed the status of each of the Community Advisory Panel's recommendations. . Mr. Koplinka-Loehr reminded Legislators to complete and return the budget process evaluation survey. He announced the December 28 meeting has been canceled; the next meeting will be January 25.
RESOLUTION NO. 280 - AUTHORIZING A TRANSPORTATION AGREEMENT BETWEEN TOMPKINS COUNTY AND THE CITY OF ITHACA, CORNELL UNIVERSITY, AND TOMPKINS CONSOLIDATED AREA TRANSIT TO PROVIDE PUBLIC TRANSPORTATION SERVICES
MOVED by Mr. Koplinka-Loehr, seconded by Mr. Proto, and unanimously adopted by voice vote by members present.
WHEREAS, Article 5-I, Section 119-s-1 of the New York State General
Municipal Law authorizes Tompkins County, the City of Ithaca, and Cornell
University to jointly provide for mass transportation services in Tompkins
County, and
WHEREAS, Tompkins County, City of Ithaca, and Cornell University
entered into an agreement dated April 1, 1998, to create the Tompkins Consolidated
Area Transit joint venture to provide public transportation services, and
WHEREAS, from 1998 to the present, the TCAT joint venture has
been operating a coordinated public transportation system in Tompkins County
and surrounding areas, with its staff employed by the City, County, and
Cornell, and
WHEREAS, the City, County, and Cornell have determined as a result
of the TCAT joint venture’s strategic planning process, and the New York
State Department of Transportation has directed, that public transportation
services should be provided by a single employer, and
WHEREAS, TCAT, Inc. was incorporated in 2004 as a not-for-profit
corporation to be the single employer and to provide public transportation
services in Tompkins County and other areas beginning January 1, 2005,
and
WHEREAS, a new transportation agreement was drafted and reviewed
by the parties to dissolve the TCAT joint venture, transfer capital assets
to Tompkins County, and implement financial and governing arrangements
to support TCAT’s public transportation services, now therefore be it
RESOLVED, on recommendation of the Budget and Capital Committee,
That the Tompkins County Legislature approves the Transportation Agreement
between the County, City of Ithaca, Cornell University, TCAT joint venture
and TCAT, Inc., for TCAT, Inc., to operate public transportation services
starting on January 1, 2005,
RESOLVED, further, That the agreement shall continue in effect
until October 9, 2021.
SEQR ACTION: TYPE II-20
RESOLUTION NO. 281 - AUTHORIZING A CAPITAL LEASE BETWEEN TOMPKINS COUNTY AND TOMPKINS CONSOLIDATED AREA TRANSIT, INC. (TCAT, INC.)
MOVED by Mr. Koplinka-Loehr, seconded by Mr. Proto, and unanimously adopted by voice vote by members present.
WHEREAS, Sections 5307, 5309, and 5311 of Title 49, United States Code,
provide federal financial assistance for public transportation in rural
and small urban areas by way of formula and discretionary grant programs
administered by the Federal Transit Administration, hereinafter called
“FTA”, and
WHEREAS, the FTA requires a municipal corporation, such as Tompkins
County, to have effective and continuing control of federally procured
capital equipment and facilities for their useful life, and
WHEREAS, New York State provides matching funds for capital assistance
projects pursuant to Article 13 of the Transportation Law and the State’s
Dedicated Mass Transportation Trust Fund administered by the New York State
Department of Transportation (NYSDOT), and
WHEREAS, Tompkins County is the grantee for certain capital equipment
or facilities procured under said programs pursuant to Applications and
Agreements with the FTA and NYSDOT, and
WHEREAS, Tompkins Consolidated Area Transit, Inc. (TCAT, Inc.),
will utilize the capital equipment and facilities obtained by Tompkins
County under said programs, as well as certain capital equipment and facilities
owned by the County procured solely with local funds, to provide public
mass transportation services pursuant to said Applications and Agreements
with the FTA and State, now therefore be it
RESOLVED, on recommendation of the Budget and Capital Committee, That
the Tompkins County Legislature authorizes a capital equipment lease with
TCAT, Inc., to operate public mass transportation services utilizing said
capital equipment and facilities, and to state the terms, conditions and
mutual understandings of the parties governing said lease, and the operation,
maintenance, and disposal of said capital equipment and facilities,
RESOLVED, further, That the term of the lease shall commence on January
1, 2005, and continue for the useful life of the capital equipment and
facilities as long as the Transportation Agreement between Tompkins County,
City of Ithaca, Cornell University, and TCAT, Inc., remains in effect,
RESOLVED, further, That the amount of consideration of the lease shall
be $1.00 per year plus the provision of public transportation services.
SEQR ACTION: TYPE II-20
RESOLUTION NO. 282 - CREATION OF, ABOLITION OF AND CHANGES IN POSITIONS - VARIOUS DEPARTMENTS
MOVED by Mr. Koplinka-Loehr, seconded by Mr. Booth, and unanimously adopted by voice vote by members present.
RESOLVED, on recommendation of the appropriate program committees of the Legislature, That the following positions be created effective January 1, 2005:
District Attorney
.05 Assistant District Attorney (88/228), labor grade R(88),
20.0 hours per week
Assessment
1.0 Receptionist, (5/506), labor grade E(5), 35.0 hours per week
Highway
1.0 Motor Equipment Operator, (8/809), labor grade H(8),
40.0 hours per week
Sheriff
1.0 Deputy Sheriff, (44/419), labor grade N(44),
40.0 hours per week
RESOLVED, further, That the hours of the following positions
be changed as follows effective January 1, 2005:
Human Rights
1.0 Sr. Paralegal Aide, (12/736), labor grade L(12), increase
from 35.0 to 40.0 hours per week
1.0 Paralegal Aide, (10/619), labor grade J(10), decrease from
40.0 to 17.5 hours per week
District Attorney
1.0 Assistant District Attorney (88/228), labor grade R(88),
decrease from 30.0 to 20.0 hours per week
1.0 Secretary, (60/330), labor grade J(60), decrease from
35.0 to 28.0 hours per week
1.0 Secretary, (60/330), labor grade J(60), increase from
35.0 to 40.0 hours per week
1.0 Secretary to the District Attorney, (62/311), labor grade
L(62), increase from 35.0 to 40.0 hours per week
1.0 Victim & Recovery Specialist, (62/342), labor grade L(62),
increase from 35.0 to 40.0 hours per week
Department of Social Services
1.0 Social Services Attorney, (88/233), labor grade R(88), decrease
from 40.0 to 35.0 hours per week
1.0 Social Services Attorney, (88/233), labor grade R(88), increase
from 32.0 to 35.0 hours per week
1.0 Legal Unit Administrator, (88/233), labor grade R(88), decrease
from 40.0 to 35.0 hours per week
Personnel
2.0 Personnel Assistant, (61/333), labor grade K(61), increase
from 35.0 to 37.5 hours per week
1.0 Personnel Assistant, (61/333), labor grade K(61), increase
from 35.0 to 40.0 hours per week
RESOLVED, further, That the following positions be abolished effective
December 31, 2004:
Department of Social Services
1.0 Sr. Welfare Investigator, (16/627), labor grade P(16),
competitive class
1.5 Security Officer, (9/650), labor grade I(9), competitive
class
RESOLVED, further, That the following position be changed for the period
of January 1, 2005 to December 31, 2005:
Office for the Aging
1.0 Director of the Office for the Aging, (86/215), labor
grade P(86), decrease from 40.0 hours to 35.0 hours per week
RESOLVED, further, That the positions as approved in the 2005 Tompkins
County Budget and authorized by this resolution are also approved to be
filled without further committee action.
SEQR ACTION: TYPE II-20
Appointment
It was MOVED by Mr. Koplinka-Loehr, seconded by Mr. Lane, and unanimously adopted by voice vote by members present, to approve the following appointment:
Tompkins Cortland Community College Board of Trustees
Raymond A. Dalton - Tompkins County Representative; term expires June
30, 2007
RESOLUTION NO. 283 - AMENDING CAPITAL PROJECT - TRANSFER TO CAPITAL ACCOUNT - EMERGENCY STANDBY GENERATOR - FACILITIES
MOVED by Mr. Koplinka-Loehr, seconded by Ms. Schuler. A
short roll call vote resulted as follows: Ayes - 13, Noes - 0, Excused
- 2 (Legislators Kiefer and McBean-Clairborne). RESOLUTION ADOPTED.
WHEREAS, Resolution No. 237 of 2004 provided $50,000 for installation
of a generator, and
WHEREAS, the Facilities Division of Public works has advised
that it is unlikely to contract for this improvement during 2004,
now therefore be it
RESOLVED, on recommendation of the Facilities and Infrastructure
and Budget and Capital Committees, That the Director of Finance be authorized
to amend the Capital Project and transfer the $50,000 to a capital project
account in order to prevent the approved funding from lapsing at year-end,
RESOLVED, further, That the Director of Finance be authorized
and directed to make the following budget appropriation:
FROM: A1990.54400 Contingent Fund $50,000
A1620.54470 Building Repairs $20,000
TO: HB1601.59239 Construction Expense $50,000
SEQR ACTION: TYPE II-20
Presentation of Member-filed Resolution(s)
RESOLUTION NO. 284 - REVIEW OF ALTERNATIVES TO INCARCERATION
INITIATIVES AND CREATION OF SPECIAL COMMITTEE TO DESIGN PARAMETERS
OF REQUESTED STUDY
MOVED by Mr. Proto, seconded by Mr. Winch. Mr. Proto said
a lot of anecdotal information has been received over the last few years
relative to these programs and he would like to find out once and for all
how effective and costly these programs have been.
Ms. Robertson said she supports an in-depth look at these programs
and would like to know how to make them work better and serve a greater
number of people. She said she would also like the study to include
information on the Jail, such as how many inmates are recidivists and what
is the average length of stay.
Mr. Lane said he would like to see this referred to Committee. Although he likes what Legislator Proto is proposing he thinks there are issues that need to be addressed first, such as cost and Committee structure.
It was MOVED by Mr. Lane, seconded by Mr. Penniman, to refer this resolution to Committee. Mr. Joseph said this resolution implies that the County has never evaluated these programs. Although some people were not pleased with those evaluations, two of them have been done. He said that doesn't mean the County cannot continue to evaluate them and said if the motion to refer to committee passes, the Public Safety Committee will continue looking at this question and decide what further evaluations will be done. A voice vote on the motion to Refer to Committee resulted as follows: Ayes - 12, Noes - 1 (Legislator Joseph); Excused - 2 (Legislators Kiefer and McBean-Clairborne). RESOLUTION REFERRED TO THE PUBLIC SAFETY COMMITTEE.
WHEREAS, traditional Alternative to Incarceration Programs, such
as Probation supervision, have been provided by, and a responsibility of,
Tompkins County for a number of years, and
WHEREAS, in the year 2000 the Tompkins County Legislature chose
to add to its traditional rehabilitation program that grouping known as
Alternatives to Incarceration (ATI) Initiatives, which includes, for example,
misdemeanor drug court, felony drug court, family treatment court, and
day reporting, and
WHEREAS, as inducement to include these ATI Initiatives in the
County Budget for 2001, and subsequent years, an evaluation to determine
the effectiveness, both pre- and post- introduction of these Initiatives
was agreed to, and
WHEREAS, the recent 2005 County Budget deliberations, particularly
those dealing with the public safety issue, heightened the need for this
review, at this time, and
WHEREAS, a look solely at the Tompkins County experience, to
compare rehabilitation results before the current ATI Initiatives went
into effect, using only traditional probation supervision methods, versus
the results after introduction of these Initiatives, and to help to determine
the incremental improvement, if any, these new programs have brought about,
evaluating results the County is getting for the additional monies being
spent, is called for, now therefore be it
RESOLVED, That this Legislature asks that this evaluation begin
immediately, with the evaluation criteria determined by a special committee
comprised of three County Legislators, the Probation Director, District
Attorney, and a representative from the ATI Initiatives Programs, and that
the actual review be conducted by an independent consultant, the results
of which are to be completed and delivered to this Legislature by June
30, 2005.
SEQR ACTION: TYPE II-20
Approval of Minutes of December 7, 2004
It was MOVED by Mr. Booth, seconded by Mr. Todd, and unanimously adopted by voice vote by members present, to approve the minutes of December 7, 2004, as corrected. MINUTES APPROVED.
Presentation from the Air Service Task Force
Bill Myers and Charles Hamilton, representing the Air Service Task Force, presented the Legislature will a progress report on the Task Force's activities. Those activities are based on the charge to the Task Force was to recognize the challenges from the changes in the air traffic industry, review the operations and the budget. A copy of the report in its entirety is contained in the minutes of the Facilities and Infrastructure Committee.
The following Powerpoint presentation was provided by the Air Service
Task Force.
Slides on file with hard copy of minutes in Legislature Offices.
The following items were also noted during the presentation:
· Below 40,000 enplanements the airport would probably have
to close to commercial traffic.
· It is unlikely that US Air would negotiate a contract with
the same terms as its existing contract at the end of the current contract
period in 2005.
· Discussions will be ongoing with US Air as well as other airlines
to attempt to maintain service at the airport.
Recess
Chair Joseph declared recess from 8:14 p.m. to 8:23 p.m.Executive Session It was MOVED by Ms. Blanchard, seconded by Mr. Koplinka-Loehr, and unanimously adopted by voice vote by members present, to enter into an executive session at 8:23 p.m. to discuss real estate matters and collection bargaining agreements. The meeting returned to open session at 10:15 p.m.
Resolution Adopted in Executive Session
RESOLUTION NO. 285 - AUTHORIZING THE COUNTY ADMINISTRATOR TO ENTER INTO A LICENSE AGREEMENT RESPECTING PROPERTY ON ELMIRA ROAD IN ITHACA
MOVED by Mr. Lane, seconded by Mr. Proto, and unanimously adopted by voice vote by members present.
WHEREAS, Will-Ridge Associates, LLC (a company associated with Benderson
Development Corporation), has constructed a retail commercial development
on Elmira Road in the City of Ithaca, and
WHEREAS, a recent title search by Monroe, Tompkins, Watkins Title Agency,
LLC, establishes that the County of Tompkins is the title owner of a portion
of the premises (approximately one quarter acre), and
WHEREAS, Will-Ridge has constructed certain improvement to the property
including a road providing access to the development, and
WHEREAS, the County desires fair compensation for the use of its property,
now therefore be it
RESOLVED, That the County Administrator is authorized to enter into
an agreement for a temporary license of the property to Will-Ridge Associates,
LLC (or an associated company).
SEQR ACTION: TYPE II-26
Adjournment
On motion the meeting adjourned at 10:30 p.m.
Respectfully submitted by Michelle Pottorff, Legislature Office
Tompkins
County Legislature Homepage
Tompkins County Homepage
E-mail Comments about this
page