Mr. Joseph called the meeting to order at 5:30 p.m.
Pledge of Allegiance to the Flag and Roll Call of Members
Members and guests participated in the Pledge of Allegiance to the Flag.
Present: 14 Legislators. (Mr. Booth arrived at 5:37 p.m.
and Mr. Todd was excused at 8:25 p.m.)
Excused: 1 (Legislator Robertson).
Moment of Silence – Remembrance of Donald P. Franklin
Mr. Joseph asked those present to observe a moment of silence to honor the memory of Donald Franklin, former Director of Assessment for Tompkins County, who passed away today.
Distinguished Youth Award
Mr. Winch, District No. 8 Legislator, presented the Distinguished Youth Award to the Trumansburg Robins 4-H Club for their many community service projects, including the Festival of Lights and decorating of the Friendship Tree.
Mr. Booth arrived at this time.
Privilege of the Floor by the Public
Doria Higgins, Town of Ithaca, spoke in support of the Resolution on the agenda with regard to the Lake Source Cooling Monitoring Plan. She spoke in opposition to a reduction in the number of monitoring sites and expressed concern about the amount of phosphorous being brought up from the bottom and discharged in the shallow water. She stated there is not data contained in the Environmental Impact Statement about this and not only does she oppose the reduction of monitoring sites, she feels there should be additional monitoring at the intake site.
John Gutenberger, Cornell University, spoke in regard to the resolution on the agenda pertaining to the Lake Source Cooling Plan. He assured the Legislature that while discussions are taking place with various involved parties, including the Department of Environmental Conservation, all 9 sites will continue to be monitored for the remainder of the year. He also said he, along with another representative, is in attendance to answer any questions the Legislature may have.
Steve Uzmann, member of the Environmental Management Council (EMC), spoke in regard to the resolution on the agenda pertaining to the Lake Source Cooling Plan. Mr. Uzmann said the EMC sent a letter to the Department of Environmental Conservation expressing concern over Cornell's proposed reduction in the number of monitoring sites. The EMC feels that while there may be some redundancy in monitoring, to decrease by 75 percent was way too much and that most of the sites need to be maintained. Mr. Uzmann spoke of Cornell's response and said he hopes that enough success can be accomplished that will provide for a better understanding of the Lake that people will be able to rely on a single data point.
Herb Engman, Town of Ithaca resident and member of the Ithaca Town Board, spoke in regard to the Lake Source Cooling Plan and said he has been a participant in the Lake Source Cooling project process for a long time. Mr. Engman spoke of a recent editorial in the Ithaca Journal and stated it contained incorrect statements. He clarified that the Town of Ithaca is not in agreement with reducing the number of monitoring sites to two and feels seven sites need to continue to be monitored. He said the Town feels there needs to be more monitoring, not less, because the project has only been monitored for three years. He also spoke of the need to better understand the reasons for the phosphorous levels in the Lake and urged passage of the resolution on the agenda.
Barbara Barry, representative of the Tompkins County Coalition Against the Death Penalty, spoke in regard to the resolution on the agenda calling for the abolition of the death penalty in New York State. Ms. Barry stated the death penalty is an act that violates the ethical standards of a civil society. The Coalition finds the death penalty unacceptable as a part of the justice system and it should be abolished because it has not been shown to deter crime and innocent people can be executed. She urged support and passage of the resolution this evening.
Marilyn Ray, Town of Caroline resident, urged the Legislature's support of the resolution on the agenda calling for the abolition of the death penalty. She said vengenance is not the way to ease the suffering of families of murder victims and that you do not teach people not to kill by killing.
Mary Berkelman, Town of Ithaca resident and President of the League of Women Voters in Tompkins County, read the following Statement of Position, dated January, 2005.
"The League of Women Voters of New York State opposes the death penalty. We believe that New York State, as part of a civilized society in the 21st century, should not be executing people. Almost all developed countries have abolished the death penalty. The League joins in the call for abolition of the death penalty, with the use of life without parole as the primary alternative.
"Should the legislature consider reestablishment of the death penalty, the League urges the creation of a state commission to study factors including, but not limited to, the following before a decision is made:
§ Adequate mechanisms for introducing new evidence;
§ Powers given to the County District Attorney in seeking the
death penalty;
§ Racial, ethnic, and economic issues of defendants and victims
(including data from other states);
§ Geographic inequities in New York law;
§ Costs of death penalty versus life in prison;
§ Equitable justice for all defendants;
§ Reliability of evidence in New York criminal convictions, and
§ Human rights aspects of State killing
"If the New York State Legislature and Governor re-establish the death penalty statute, the League supports the exclusion of the following categories of people:
§ Mentally ill
§ Developmentally disabled, and
§ Under 18 years of age at the time of the crime
"The League further believes that any death penalty law should require proof of guilt "beyond any doubt," rather than "beyond a reasonable doubt."
Libby deProsse, Unitarian Justice Committee, spoke in support of the resolution on the agenda calling for the abolition of the death penalty in New York State. She said the cost of incarceration is less than the cost of a Capital Defender's Office.
Brian Noteboom, representative of local carpenters, spoke in regard to the Ciminelli Project located near the Commons. He said Ciminelli has tried to recoup material cost overruns at the expense of local workers. Mr. Noteboom said some of the workers at the site come from areas such as Syracuse and South Carolina.
Richard Hinckley, business representative for Painters Local 178 in Ithaca, spoke in regard to the Ciminelli Project in downtown Ithaca. He expressed concern over the out-of-town people coming on to the project site to work. Mr. Hinckley said through a variety of funding measures such as the Industrial Development Agency and tax abatements, the City and County have allowed this project to proceed with the hope of generating jobs for local people. He said a situation has developed in the contract where the interior portion of the package was awarded to a contractor in Syracuse who has brought workers in by using an out-of-town labor broker in South Carolina, and there are now many people from South Carolina working on the project. Mr. Hinckley said because there are tax incentives and Industrial Development Agency funds involved in this project, he would like the Legislature's support in keeping the labor for these contracts local.
David Marsh, member of the Tompkins-Cortland Building Construction Trades Council, also spoke in regard to the Ciminelli Project in downtown Ithaca. He stated on more than one occasion Ciminelli Development, Inc., made a conscious decision to award two bid packages to Haner Hoyt, Inc., of Syracuse who is a non-union contractor who sources the majority of its workforce from outside the local community. Mr. Marsh said the Tompkins-Cortland Building Construction Trades Council members oppose out-of-state construction workers being employed on this project while local taxpaying construction workers are unemployed. Mr. Marsh asked that the Legislature support local workers on this issue.
Fay Gougakis, City of Ithaca, spoke in regard to the Lake Source Cooling Project and stated keeping monitors in the Lake is very important. She said she supports the resolution being proposed this evening and stated she also would like to add an additional monitor at the output. Ms. Gougakis said she also supports the position presented by the local unions this evening.
Privilege of the Floor by Legislators
Mr. Totman, District No. 9 Legislator, expressed his opinion that he doesn't feel the County should become involved in issues such as Lake Source Cooling. He said the County spends a substantial amount of money to hire consultants to advise on matters and then doesn't follow their advice. He also does not believe the County Legislature is qualified to challenge the opinions or actions of the Department of Environmental Conservation. Mr. Totman spoke to the issue of non-local workers being hired for the Ciminelli project and stated companies are forced to hire non-local labor because unions are paying their workers too much.
Ms. Herrera, District No. 5 Legislator, spoke regarding the Ciminelli project. She said she felt the project would be good for this community and would result in additional jobs being brought downtown. She said she still feels the intent all along was good and was to bring jobs to Tompkins County. Ms. Herrera said her concern relates to the company of Haynor Hoyt, which has a record of labor law violations. She said people have a right to work as hard as they can to make a living but when situations exist where fair labor laws are not being followed she becomes greatly hesitant about supporting future tax abatements.
Mr. Proto, District No. 7 Legislator, spoke regarding the Ciminelli project and stated he did not support the request for tax abatements for this project. He suggested that those who spoke this evening should arrange a meeting to communicate the concerns expressed to the Industrial Development Agency.
Mr. Proto reported on February 10th agricultural producers received notification that the Tompkins County Farm Service Agency would be closed as of February 25, 2005. He said this Legislature adopted a resolution opposing the mov which precipitated a number of meetings with the Agency Manager and the Director from Syracuse with federal legislators. The meetings resulted in a promise for better communication and he said that didn't happen. Mr. Proto said there are 500 people in agriculture in Tompkins County and a total of 900 people in the two counties that will be impacted. He said he is very disappointed in the poor communication and the way this was handled and will be informing federal legislators of his opinions.
Mrs. McBean-Clairborne, District No. 2 Legislator, spoke of the comments made this evening regarding the Ciminelli project. She agreed with Mr. Proto's suggestion for those who spoke this evening to present this information to the Industrial Development Agency (IDA) but also feels it is very important for this Legislature to become more informed about what is going on. Mrs. McBean-Clairborne said for far too long there have been all kinds of promises made in this community that were attached to tax abatements. She said when they don't follow-through it is at the taxpayer's expense. Mrs. McBean-Clairborne said she would like this to be followed up on by the IDA.
Mrs. McBean-Claiborne also thanked Ms. Gougakis for bringing the issue of the Lake Source Cooling project to this Legislature and for her continuing efforts relating to that project.
Mr. Winch, District No. 8 Legislator, thanked the Legislature for allowing him to present the Distinguished Youth Award to the young 4-H participants this evening. He said Ken Schlather, Executive Director of Cooperative Extension, gave him a report entitled "New York State 4-H Clubs Parent Study - Do 4-H Clubs Make a Difference?" and distributed copies to the Legislature.
Ms. Kiefer, District No. 10 Legislator, made the following meeting announcements:
February 17 at 7 p.m. at Dewitt Middle School: A public
meeting for persons interested in speaking with County Highway staff about
the County's plans for Hanshaw Road between the Village of Cayuga Heights
and the Town of Dryden line;
March 2 at 7 p.m. at Southhill School: A public meeting
for interested persons to discuss Coddington Road between the City line
and the Town of Danby line; and
February 19 at 1 p.m. at the Ithaca Town Hall Congressman Hinchey
is having a public discussion on the subject of Social Security.
Ms. Kiefer also reported that New Yorker's for Verified Voting held a demonstration today outside the Legislative Office Building in Albany of paper ballots with optical scan machines so that Legislators and interested public and press could experience what it is like to vote on them.
Mr. Lane, District No. 14 Legislator, spoke to the issue brought before the Legislature this evening by the union representatives and said while there does appear to be a problem, the problem is not that economic development is encouraged through tax abatements, bonding, or other things are being offered. He spoke of the limited information and resources Tompkins County Area Development has in comparison to other counties. He said as Chair of the Industrial Development Agency, he will present this issue at the next meeting because he also feels there is something going on that is not what was promised.
Mr. Lane also spoke of the unfortunate death of Dryden resident Dr. John Ferger. Dr. Ferger had spent most of his life practicing in Dryden and passed away last week at the age of 81. Mr. Lane said Dr. Ferger had a wonderful life and was respected, he was gentle in his speech and far-reaching in his ideals. He also noted Dr. Ferger delivered over 900 babies in Tompkins County. Mr. Lane said Dr. Ferger taught and helped many residents of the community and will be greatly missed.
Mr. Booth, District No. 3 Legislator, spoke of the labor issue raised this evening and said it is important to keep the subject in context. He said the Ciminelli project will be an enormous economic boost to the City of Ithaca and will bring hundreds of workers into downtown and those positive aspects have to be kept in mind. Mr. Booth also reported all Legislators should have received the 2005 Long Range Transportation Update. He said the report contains good news about public transportation Statewide stating total trips have gone up by less than a percentage between 1995 and 2001. However, the report states this figure has gone down in Tompkins County and he said this is difficult to understand because of the great concern by this community for the environment and the impact on the infrastructure because of traffic.
Mr. Penniman, District No. 15 Legislator, also spoke of the Ciminelli project. He said as a member of the Industrial Development Agency (IDA), he spent considerable time along with other members, reviewing this project before final approval was given. He said this project represents one of the larger abatements that has been given by the IDA. He said if the contractor had known that they were going to be facing higher costs there would have been further discussion about possibly a project labor agreement. Mr. Penniman said if that were to have happened there is also a likelihood that there would have been more discussion about a larger tax abatement as well.
Chair Joseph said he would rearrange the agenda to first deal with items for which members of the public are specifically present.
RESOLUTION NO. 22 - APPROVAL OF TOMPKINS CORTLAND COMMUNITY COLLEGE CIVIL SERVICE EMPLOYEES’ ASSOCIATION AGREEMENT FOR THE YEARS 2005-2009
MOVED by Mr. Koplinka-Loehr, seconded by Mr. Lane. Mr. Proto raised an issue that other County contracts are presently in negotiations. Mr. Joseph said an executive session would be held later in the meeting to discussion contract issues and that any specific questions could be asked at that time. He noted that the contract being proposed falls within the guidelines and parameters that were originally set and does not see a reason to postpone acting on this. A voice vote resulted as follows: Ayes - 12, Noes - 2 (Legislators Booth and Proto); Excused - 1 (Legislator Robertson). RESOLUTION ADOPTED.
WHEREAS, the contractual agreement between Tompkins Cortland Community
College and the Civil Service Employees’ Association, Inc., Local 1000,
AFSCME, AFL-CIO, TC3 Unit 8908 of the Tompkins County Local 855 expired
on December 31, 2004, and
WHEREAS, the College negotiating committee, comprised of representatives
of the College administration and the sponsoring counties, met in collective
bargaining with representatives of the Civil Service Employees’ Association,
Inc., and
WHEREAS, the negotiating teams reached agreement, and
WHEREAS, the Board of Trustees of Tompkins Cortland Community College
accepted the report of the negotiating teams and recommends the proposed
agreement to the Cortland and Tompkins County legislative bodies for their
approval, now therefore be it
RESOLVED, on recommendation of the Budget and Capital Committee, That
the Tompkins County Legislature hereby approves the above said agreement,
RESOLVED, further, That this resolution shall become effective upon
the adoption of a concurrent resolution by the Cortland County Legislature.
SEQR ACTION: TYPE II-20
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RESOLUTION NO. 23 - REQUESTING THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL
CONSERVATION CONTINUE THE REQUIREMENTS OF THE CURRENT LAKE SOURCE COOLING
MONITORING PLAN FOR THE DURATION OF THE EXISTING
STATE POLLUTION DISCHARGE ELIMINATION SYSTEM (SPDES) PERMIT
(3/1/2008)
MOVED by Ms. Herrera, seconded by Ms. Kiefer. Ms. Herrera disclosed that she works for Planning, Design and Construction at Cornell University which is the same division as the Facilities Division; however, that will not effect her vote. Ms. Herrera said she believes Lake Source Cooling is an innovative project that in the long-term can be very beneficial for the environment; however, she feels it is too soon to tell. She said right now there is an opportunity to measure data from eight sites that could help with adjusting any problem with Lake Source Cooling and removing the sites could call the results of the data into doubt. She said there is enough interest in Lake Source Cooling here, throughout the country, and around the world, to make establishing a full-serve data really important. She also stated things are still changing and the fact that the water treatment plant is lowering the phosphorous content of its discharge means that continued phosphorus monitoring is needed.
Ms. Blanchard said she would like to postpone action on this resolution because she does not feel she is qualified to answer questions and would like to wait until the Water Resources Council holds its forum.
Mr. Winch said he is not in support of this resolution and submitted the following statement:
"I have watched this program since the first Public Works meeting. I have known those responsible for design and implementation of the project.
"I have attended as many Lake Source Cooling Advisory Committees that time allowed. I listened to the Cornell scientists that were n the advisory committee. Steve Eidt of the Department of Environmental Conservation has been involved along the way. The Fresh Water Institute has done a lot of scientific research on the project. The testing of nine sites will happen during 2005. Cornell University is asking to reduce to two monitoring sites thereafter -- which was the original approved number but the Cornell Advisory Committee wanted to get more data. It has been proven that nine are not needed.
"People voice concerns about lake pollution. Lake Source Cooling does not pollute -- most comes from wastewater treatment plants of which they have been actively reducing the amount of phosphorus going into the Lake. This is positive. They have spent millions to do this.
"Raising the temperature is another concern - do you know that spring rains and runoff from the hills raises the temperature more? Cornell has saved $1.5 million in electricity. They have a $58 million dollar mortgage to pay off on the project.
"The Ithaca City School District benefits from Lake Source Cooling at no cost.
"Environmentally Lake Source Cooling makes a lot of sense. How much fossil fuel would it take to create $1.5 million worth of electric power?
"I have much faith in Cornell's engineers and technicians that have developed this project. If scientists want to study the Lake more, I am sure that Cornell Facilities, i.e., Lake Source Cooling, would cooperate and contract with them which is a WIN WIN situation.
"I have been told that two other projects are looking into Lake Source Cooling -- one on Oneida Lake and one on Lake Ontario. This is an environmental wise use of our large lakes in the Northeast.
"Lastly, I am curious about a recommendation coming from the Water Resources Council. I would have thought that we would get one earlier.
"Thank you."
Mr. Winch said he, too, is interested in the outcome of the Water Resource Council forum, and would support a motion to postpone action on this resolution.
Ms. Kiefer said while the public is invited to attend, the Water Resources Council has invited specific people to attend and answer questions by members. Therefore, she does not think it is the type of forum some Legislators are thinking it would be. She said at a meeting of the Water Resources Council yesterday there was no request that this resolution be delayed. Ms. Kiefer said she has been involved and followed Lake Source Cooling since its inception and it is clear to her that there are not sufficient data to have been able to perform sufficient analysis to detect any real trends.
Mr. Totman said the State controls the Lake and does not understand why the County Legislature is spending so much time on this issue when the State will make the final decision. He also doesn't feel this Legislature is qualified to challenge the opinion of the New York State Department of Environmental Conservation.
Mr. Lane said he has not been persuaded that any change should be made at this point. He said there are questions about the length of time the monitoring has been done and the amount of data that exist. He said there has been discussion about the monies used for this testing that could be used for other purposes and would like to hear more discussion about how this might move forward. Mr. Lane said he feels there is so much going on in the south end of the Lake and suggested municipalities join forces with other industries that use the Lake to do a better job of monitoring the Lake.
Mr. Proto said he attended the Water Resources Council meeting yesterday and said the decision by the Department of Environmental Conservation will not be made until this summer; therefore, postponing action this evening will not have a serious impact. Mr. Proto spoke of a report dated May 27, 1968 entitled "Thermal Pollution of Cayuga Lake by a Proposed Power Plant" and said one of the concerns raised at the Water Resources Council related to thermal pollution and the effect of that. He said he doesn't feel the two to three years of data that has been collected from the Lake is sufficient and supports the proposed resolution.
Mr. Booth said using naturally cooled water to heat buildings is an important idea and a concept that will have to be used in many more places. He said in this instance it seems useful to have a major responsible institution doing it provided there is careful long-term monitoring of this important resource. Mr. Booth feels Cornell is the kind of institution that can afford to undertake that kind of monitoring effort. He said he remains concerned about the DEC's capacities in this as it is an agency with immense responsibilities that has suffered greatly in terms of resources.
It was MOVED by Ms. Blanchard, seconded by Mr. Winch, to Table this resolution to the April 5, 2005 Legislature meeting. A voice vote resulted as follows Ayes - 6 (Legislators Blanchard, Booth, Proto, Todd, Totman, and Winch); Noes - 8 (Legislators Herrera, Joseph, Kiefer, Koplinka-Loehr, Lane, McBean-Clairborne, Penniman, and Schuler); Excused - 1 (Legislator Robertson). MOTION FAILED.
It was MOVED by Mr. Koplinka-Loehr, seconded by Mr. Penniman, to add the following RESOLVED:
"Resolved, further, That since no data exist to confirm whether Lake surface temperature has been raised or lowered under summer or winter conditions, the Department of Environmental Conservation be encouraged to acquire an additional monitoring station to establish and measure temperature at the outfall of Lake Source Cooling".
Ms. Kiefer said she does not know if at this point the DEC would be able to determine what would constitute a significant affect and will not support this amendment at this time. Mr. Booth said he does not believe the addition of one monitoring station will provide a great deal of information.
Mr. Bland of Cornell University, said continuous temperature data from the Lake is taken at the piling off the inlet so it is untrue that there are no temperature data taken. Furthermore, during the summer the discharge is actually 55 degrees when often the Lake is warmer than that. He said there is a diffuser that was designed to diffuse quickly to get rapid mixing and the DEC believed that was adequate and did not require temperature monitoring at the outfall.
A voice vote on the amendment resulted as follows Ayes - 5 (Legislators Herrera, Koplinka-Loehr, McBean-Clairborne, Penniman, and Proto); Noes - 9 (Legislators Booth, Blanchard, Joseph, Kiefer, Lane, Schuler, Todd, Totman, and Winch); Excused - 1 (Legislator Robertson). MOTION FAILED.
A roll call vote on the resolution resulted as follows: Ayes - 10 (Ayes - Legislators Booth, Herrera, Joseph, Kiefer, Koplinka-Loehr, Lane, McBean-Clairborne, Penniman, Proto, and Schuler); Noes - 4 (Legislators Blanchard, Todd, Totman, and Winch); Excused - 1 (Legislator Robertson). RESOLUTION ADOPTED.
WHEREAS, Cayuga Lake is a centerpiece of our community that provides
environmental, recreational, social, and economic resources, and
WHEREAS, Cornell University’s Lake Source Cooling facility draws
cold water from the deep waters of Cayuga Lake and, after passing it through
a heat-exchange process, returns the warmer water to the shallow, south
end of the Lake, and
WHEREAS, the Lake Source Cooling heat-exchange facility provides
economic benefits to Cornell by using eighty percent less energy than a
conventional cooling system, and
WHEREAS, on February 2, 2005, City of Ithaca Common Council passed
Resolution No. 11.1 opposing reduction in the number of monitoring sites
and asking Cornell University to withdraw its request to New York State
Department of Environmental Conservation, and
WHEREAS, there is considerable community concern for maintaining and
even enhancing the water quality of Cayuga Lake, and
WHEREAS, a water-quality monitoring plan was submitted and accepted
by the New York State Department of Environmental Conservation (DEC) as
a condition of the original State Pollution Discharge Elimination System
(SPDES) permit granted to Cornell University, and
WHEREAS, the sampling required by the monitoring plan has been
in place since 1998 with two years of data prior to plant operation and
three years of data since the facility went into operation in 2000, and
WHEREAS, the DEC renewed the SPDES permit for Lake Source Cooling
in 2003 for another five-year term with no change to the original monitoring
plan, and
WHEREAS, Cornell University has now requested modifications to
the current Lake Source Cooling Monitoring Plan, including reducing the
number of monitoring sites, as stated in their letter to the DEC dated
July 29, 2004, related to SPDES permit #NY 024 4741, and
WHEREAS, three years of data since the plant went into operation
is not enough to establish any statistical water quality trends due to
the very nature of the constantly fluctuating natural environment in Cayuga
Lake, and
WHEREAS, continued monitoring at the same sampling sites for
at least the remainder of the current five-year SPDES permit will better
enable the separation of impacts that are a result of the fluctuating natural
environment from those that could be occurring as a result of the Lake
Source Cooling facility, and
WHEREAS, during the monitoring period planned reductions in
phosphorus discharges from the Ithaca Area Waste Water Treatment Plant
that also empties into the south end of the Lake will be implemented, and
WHEREAS, during the monitoring period newly constructed Cornell
buildings will come into use, increasing the amount of Lake Source Cooling
capacity in use, and
WHEREAS, on the basis of all these facts and a review of pertinent
documents, on November 12, 2004, the Environmental Management Council’s
(EMC) Environmental Review committee sent a letter to the DEC urging no
reduction in monitoring, and
WHEREAS, the Town of Ithaca’s consultant, Benchmark Environmental
Engineering & Science, after completing an independent review of the
water-quality monitoring reports related to the Lake Source Cooling facility
from 1998 to 2002, recommended that the current monitoring plan remain
essentially in place, and
WHEREAS, the Town of Ithaca endorsed the recommendations of Benchmark
Environmental Engineering & Science in resolution no. 2004-179 on November
15, 2004, and
WHEREAS, on January 12, 2005, the EMC passed resolution No. 1-2005:
Requesting the New York State Department of Environmental Conservation
Continue the Requirements of the Current Lake Source Cooling Monitoring
Plan for the Duration of the Existing SPDES Permit (3/1/2008), now therefore
be it
RESOLVED, on recommendation of the Planning, Development and
Environmental Quality Committee, That the Tompkins County Legislature requests
that the DEC continue the requirements of the current Lake Source Cooling
Monitoring Plan, including maintaining data collection at all current monitoring
stations, for at least the duration of the existing SPDES Permit,
RESOLVED, further, That this resolution be forwarded to the Director
of the Division of Water, Region 7 of the NYS DEC.
SEQR ACTION: TYPE II-20
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RESOLUTION NO. 24 - RESOLUTION CALLING FOR ABOLITION OF THE DEATH PENALTY IN THE STATE OF NEW YORK
MOVED by Mrs. McBean-Clairborne, seconded by Mr. Totman. Mr. Booth said he does not believe the death penalty is wrong in all circumstances. He said he does not agree that government in some circumstances does not have the right and the obligation to execute certain people. He said he has been troubled for a long time about the implementation of the death penalty and stated if someone has enough money to hire a very good lawyer at the trial stage the chances of being convicted and sentenced to death at the trial stage is almost zero. He feels this is wrong and if federal and state governments decides to continue the death penalty the issue of the enormous economic disparities in how it is applied will need to be addressed. A voice vote resulted as follows: Ayes - 13, Noes - 1 (Legislator Proto); Excused - 1 (Legislator Robertson). RESOLUTION ADOPTED.
WHEREAS, in 1995, New York State reenacted the death penalty,
and portions of New York's death penalty statute have been ruled unconstitutional
in the state's courts, and there has been a de facto moratorium on the
death penalty in New York State since June 2004 when the New York Appeals
Court found in LaValle that the death penalty statute was so seriously
flawed "...that under the present statute, the death penalty may not be
imposed" (Judge George Bundy Smith), and
WHEREAS, the General Accounting Office of the United States Congress
has found racial bias in the implementation of death penalty statutes,
numerous studies have confirmed this bias, and no reputable sociological
study has ever shown the death penalty to deter crime, and
WHEREAS, since 1973, more than 110 inmates nationwide have been
released from death row because substantial evidence of their innocence
was uncovered, and
WHEREAS, the death penalty has consistently been demonstrated
to cost more than life without parole, and
WHEREAS, polls have repeatedly shown that a majority of New Yorkers
support alternatives to the death penalty when given the choice, now therefore
be it
RESOLVED, on recommendation of the Public Safety Committee, That the
Tompkins County Legislature urges the Governor of New York State, the State
Legislature, and New York's District Attorneys to abolish the death penalty
in New York State,
RESOLVED, further, That the Tompkins County Legislature urges
Congress and the President of the United States to pass resolutions ending
federal executions as quickly as possible and sign them into law,
RESOLVED, further, That copies of this resolution shall be sent
to the President of the United States, the Majority Leader of the United
States Senate, the Speaker of the House of Representatives, the local
members of Congress, the United States Senators from New York, the Governor
of New York, the Speaker of the State Assembly, the Majority Leader of
the State Senate and local State Senators, Assembly Members, and District
Attorneys.
SEQR ACTION: TYPE II-20
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Recess
Chair Joseph declared recess from 7:17 p.m. to 7:26 p.m.
Presentation - Results of Countywide Survey of Senior Needs by Lisa Holmes, Office for the Aging
Lisa Holmes of the Office for the Aging presented the Legislature with the following report entitled "Results of the 2004 Senior Needs Assessment: Legislature Outline":
Intro:
The Tompkins County Office for the Aging conducted this Needs Assessment
in March, 2004, with financial assistance of a member item grant from Assemblywoman
Lifton’s office. In 1995, COFA conducted needs assessment of 60+
population under the direction of Irene Stein. Majority of questions
were replicated in 2004 so comparisons could be made. As a result,
we have a vast amount of reliable statistical information on our Tompkins
County Senior Population, and we can examine trends from 1995 to 2004.
Whole survey, including questionnaire and all of the results, can be found
on COFA's website: www.tompkins-co.org/cofa
Sample Selection
Based on the Tompkins County senior population (12,000), we estimated
that 366 completed interviews were needed to obtain results at the 95%
level of confidence. A total of 393 interviews were actually completed.
Random sample drawn from mailing list of Senior Circle newsletter, which
is comprised of over 10,000 names. Letter sent from COFA director
to each person in sample, explaining purpose of survey, and notifying them
that we would be calling. 393 completed; 110 refusals-- response
rate of 78%.
Interviewer Training
Nine part-time temporary interviewers were hired and trained
to conduct telephone surveys. Interviews were conducted in evenings
and Saturdays during 2 weeks in March.
Results
In terms of results, there were over 75 very detailed questions, so
I'm going to give an overview of the results in the time we have.
If you have very specific questions, feel free to call me and I'll try
to dig up the answer for you. I can also cross-tab any question by
township, so if you are interested in that level of detail, I can get it
for you.
Demographics
In terms of the demographics of respondents, we were pleased with the
results. We compared the demographics of our sample to that of the
Census data for Tompkins County seniors, and it was representative in terms
of age stratification, gender, race and income. Due to our time constraints,
I won't show you those details now, but I will show:
1) Breakdown by township. It almost exactly mirrors the Census data, except for a slightly higher number of seniors from the Town of Dryden and a slightly lower number from the Town of Ithaca, but not enough to be significant. So we got a very good representation from all the townships in the County.
Now on to some of the topical areas we covered and the most significant findings:
2) Employment
You can see the rates of employment in this slide, with the 2004 figures
represented by the darker bars. Nearly 25% of the seniors we interviewed
were employed. This is nearly a 5% increase from the 1995 survey,
and as you can see, the largest increase is in part-time employment.
Another way of saying it is that 1 out of every 4 seniors over age 60 in
Tompkins County is employed, up from 1 in 5 10 years ago. This can
be interpreted to mean that as seniors are living longer and healthier
lives, they are working well into the traditional retirement years.
It may also indicate that more seniors need to continue working out of
financial necessity.
Housing
The majority of respondents, about 81% (N=319) own their own homes.
This we knew. But we'd underestimated the growing need for major
home repairs.
3) Major Home Repairs
Respondents were asked "Does your home need any major repairs, that
is, something you think would cost about $500 or more to fix, like a new
roof, heating system or septic?" They were also asked "Why hasn't
this been repaired?" 30.9% stated that their homes needed at least
one major repair, and of these, 44.6% cited the high cost of repairs
as the reason it had not been completed. This is an increase from the 1995
survey, where 17.4% of respondents reported that their homes needed a major
repair. We can estimate from these numbers that approximately 3,700
seniors in Tompkins County have not carried out needed major home repairs,
and about 1,600 have not done so because of the cost involved in the repairs.
After the 1995 survey, we put a lot of our state funding into home
repair programs, and this tells us we need to do even more.
4) Housing Costs
Respondents were asked their costs for rent/mortgages, utilities, taxes
and homeowners insurance, and then those costs were summed. An index
of Housing Cost Burden was created through a ratio of total costs to income.
According to HUD, housing which takes up more than 30% of a household's
gross income is classified as unaffordable. As you can see in the
table, totaling up these two rows, 34% of respondents have housing cost
burdens in excess of 30%. HUD also states that households spending
more than 50% of their incomes on housing have "severe cost burdens."
You can see in the table that 15% had severe cost burdens. Adjusting
for comparability there was a 6.9% increase in housing cost burden between
1995 and 2004. This is an area of great concern.
5) Fear of Crime
We asked a series of questions to see whether fear of crime was a factor
in limiting seniors' activities and it wasn't a large factor. We
asked if people avoided going out at night, avoided using public transportation
and avoided leaving home, and while some people did avoid these activities
to some extent, largely it wasn't because of fear of crime. These
questions were also asked in 1995, and while the numbers were also small
then, they dropped even more in 2004.
6) Health Conditions
Respondents were asked about a number of health conditions, and their
frequencies are listed here. The 2004 responses are the darker bars.
Nearly all of these frequencies have increased since 1995, with just a
few exceptions. Likely due to shifting demographics—the bottom line being
that we have greater numbers of “older seniors” in the population than
we did in 1995, and these individuals are more likely to have chronic conditions.
9) Awareness of Services
We asked respondents whether they knew about various services and programs
available to them. Once again, the 2004 figures are darker. A majority
knew about all services listed with the exception of health insurance counseling
(38.9%) and mediation through the Community Dispute Resolution Center (47.1%).
Awareness for Gadabout, hospice care and Foodnet home delivered meals were
all over 90%.
10) An area of need that we uncovered is Help with Health Insurance
19.1% of respondents reported needing help in understanding their health
insurance coverage or in deciding whether to purchase additional coverage.
13.0% stated a need for help filling out their claim forms. Coupled
with the fact that only 153 respondents 38.9% were aware of the Health
Insurance Counseling program (HIICAP), these results indicate that attention
is needed in this arena. Our office and Lifelong have already taken
action here and we're both doing a lot of outreach and education about
the HIICAP program.
11) Prescription Drug
Coverage
12.7% of respondents were not enrolled in insurance or a program providing
prescription drug coverage. 4.1% of respondents said they fail to
fill prescriptions or stretch out their medications to make them last longer
than they should because of the cost. Of these 16 individuals, 13
reportedly had prescription drug coverage, and they are still failing to
fill because of affordability issues.
Conclusion
The Office for the Aging is going to be using this data in the coming
years for our planning, and, like always, we'll be working with many others
to get these things done. You can read the recommendations and our
plans to address the areas that need addressing. We've been publicizing
far and wide that this data is available in hopes that it will be utilized
across agency lines and across various domains of community planning.
I'd be happy to run additional cross-tabs in other specific areas of interest.
Ms. Holmes said seniors in the study were defined as those persons being 60 years of age or older.
Mr. Proto asked what the percentage of seniors is that are staying in their homes compared to what that figure was ten years ago. Ms. Holmes said there is approximately the same number of people saying in their homes today as there was ten years. She said she believes this is because the housing stock is continuing to age at the same time. She will provide Mr. Proto with additional information on this.
Mr. Joseph thanked Ms. Holmes for providing this presentation to the full Legislature.
Chair's Report
Mr. Joseph reported he attended the NYSAC (New York State Association of Counties) Conference in Syracuse recently and it was dominated by the topics of Medicaid and jails. There is a determination to make a major push around the State budget process and this will begin with a Medicaid rally on February 27th at the Wings of Eagles Museum at the Elmira Corning Regional Airport. Mr. Joseph said at the Conference he led a workshop on jail construction and dealing with the Commission of Correction for the purpose of sharing information among counties. The workshop was attended by over 50 people.
Mr. Joseph reported the Legislature has been informed that it has to decide before the next meeting whether, if the State removes sales tax on clothing and footwear, the County elects to remove the County's portion of the tax. He said right now the local sales tax on clothing will continue unless this Legislature wants to take action. He noted if no action is taken by this Legislature and the State takes action to remove its portion of the tax, the local tax will continue without action by this body.
Addition of Resolution to the Agenda
It was MOVED by Mr. Penniman, seconded by Ms. Herrera, to add a resolution to the agenda entitled Providing an Exemption from Sales and Compensating Use Taxes for Receipts from Retail Sales of, and Consideration Given or Contracted to be Given for, Certain Clothing and Footwear Pursuant to the Authority of Article 29 of the Tax Law of the State of New York. A voice vote resulted as follows: Ayes - 9 (Legislators Booth, Herrera, Joseph, Koplinka-Loehr, Lane, McBean-Clairborne, Penniman, Schuler, and Winch); Noes - 5 (Legislators Blanchard, Kiefer, Proto, Todd, and Totman); Excused - 1 (Legislator Robertson). MOTION FAILED.
Mr. Lane said he was troubled that the majority will not allow this to be considered tonight, and asked County Administration to look into this and the possibility of presenting it at the next meeting.
Appointment(s)
Mr. Joseph announced the formation of the Air Service Committee and the following membership:
Barbara Blanchard
Ed Marx
Larry Baum
Mike Hall
Rich McDaniel
Jean McPheeters
Michael Stamm
Report from the County Administrator
Mr. Whicher reported the proposal to have a combined position of Planning Commissioner/Public Works Commissioner is moving forward with discussion to take place at the Facilities and Infrastructure and Government Operations Committees. He said he has distributed to all Legislators a copy of a written summary of his goals and objectives, job description, and an overview of the position of County Administrator. Mrs. McBean-Clairborne asked that the proposal to combine these positions also be presented to the Planning, Development, and Environmental Quality Committee.
Mr. Whicher requested an executive session to discuss collective bargaining agreements.
Report from the County Attorney
Mr. Wood said an interesting decision was received this week regarding an independent contractor who was working at the Highway Department and who was injured. The court decided the County was strictly liable because this individual was on a ladder and under New York Law there is strict liability pertaining to elevated height. Mr. Wood stated the contract said the company for whom the person was employed would be responsible for covering the costs; therefore, there won't be any liability risk to the County. Mr. Wood said this illustrates the importance of the County protecting itself in its contracts.
Report from the Finance Director
Mr. Squires reported he is delivering the County's most recent official financial statement to the Clerk. He said a bond sale is scheduled for February 24 and the official statement is available on the internet at www.fiscaladvisors.com. He said because the County is in the process of having a bond sale it had to go through a bond rating and reported the County's rating of AA2 was reaffirmed with a negative outlook. He said he has distributed copies of an independent analysis which describes the negative outlook and noted that all counties in New York State have a negative outlook. He said the County is criticized because of this Legislature's stand to put a cap on the tax levy. This is viewed as negative because it limits the investors ability to recover its investment in the County because of limited resources. Mr. Squires said the report also expresses concern over the County's reliance on retail sales. Mr. Squires also reported on the status of foreclosure properties and stated there are five houses of which two are owner-occupied. Mr. Squires reported sales tax receipts for January were three percent ($300,000) above last year.
Addition of Resolution(s) to the Agenda
There were no resolution(s) added to the agenda.
Withdrawal of Resolution(s) from the Agenda.
There were no resolution(s) withdrawn from the agenda.
Approval of Resolution(s) and Appointment(s) Under the Consent Agenda
It was MOVED by Mr. Booth, seconded by Ms. Blanchard, and unanimously adopted by voice vote by members present, to approve the following resolution(s) under the Consent Agenda:
RESOLUTION NO. 25 - ACCEPTANCE OF FOOD STAMP NUTRITION EDUCATION GRANT WITH ASSOCIATED ADJUSTMENTS TO CONTRACT TERMS AND COUNTY BUDGET – DEPARTMENT OF SOCIAL SERVICES
MOVED by Mr. Booth, seconded by Ms. Blanchard, and unanimously adopted by voice vote by members present, under the Consent Agenda.
WHEREAS, the 2005 budget presently anticipates that the Department
of Social Services will pass through to Cornell Cooperative Extension of
Tompkins County $277,136 of 100 percent Federal funds to support the operation
of its Food Stamp Nutrition Education Program, and
WHEREAS, the Department has received notice that the United States
Department of Agriculture has agreed to fund a $57,472 expansion to the
aforementioned program, now therefore be it
WHEREAS, the 2005 budget presently anticipates that the Department
of Social Services will pass through to Cornell Cooperative Extension of
Tompkins County $277,136 of 100 percent Federal funds to support the operation
of its Food Stamp Notice that the United States Department of Agriculture
has agreed to fund a $57,472 expansion to the aforementioned program, now
therefore be it
RESOLVED, on recommendation of the Health and Human Services
Committee, That the Department of Social Services is authorized to accept
and pass through to Cooperative Extension the additional Federal funds
through its Food Stamp Nutrition Education Program contract,
RESOLVED, further, That, in order to reflect the increased value
of the grant and contract, the Director of Finance shall make the following
budget adjustment on his books:
REVENUE A6010.44611 Fed: Food Stamp Admin $57,472
APPROPRIATION A6010.54442 Professional Services
$57,472
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RESOLUTION NO. 26 - AUTHORIZATION TO UTILIZE REMAINING COMMUNITY SOLUTIONS FOR TRANSPORTATION GRANT FUNDS AND ASSOCIATED BUDGET ADJUSTMENT – DEPARTMENT OF SOCIAL SERVICES
MOVED by Mr. Booth, seconded by Ms. Blanchard, and unanimously adopted by voice vote by members present, under the Consent Agenda.
WHEREAS, $134,365 of the 100 percent Federal Community Solutions
for Transportation funds granted to the Department of Social Services in
2004 to address the transportation needs of certain qualifying residents
of the County remained unspent at year end, and
WHEREAS, the Department has a plan to use these funds to subsidize
car loans and repairs, auto insurance, tires, AAA memberships, children’s
car seats, fuel cards, and taxi fare for eligible persons to assist them
to secure or retain employment, now therefore be it
RESOLVED, on recommendation of the Health and Human Services
Committee, That the Department of Social Services is authorized to accept
and utilize this funding,
RESOLVED, further, That the Director of Finance shall make the
following budget adjustment on his books:
REVENUE A6010.44610 Federal: DSS Admin $134,365
APPROPRIATION A6010.54404 Pass Through Expense $134,365
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RESOLUTION NO. 27 - ACCEPTANCE OF HOSTING AGREEMENT BETWEEN TOMPKINS COUNTY AND THE STATE OF NEW YORK FOR THE ITHACA TOMPKINS COUNTY TRANSPORTATION COUNCIL
MOVED by Mr. Booth, seconded by Ms. Blanchard, and unanimously adopted by voice vote by members present, under the Consent Agenda.
WHEREAS, the Ithaca Urban Area was created in 1991 by the United States
Government, and
WHEREAS, the creation of the Ithaca Urban Area entitled the governments
of the Urban Area to form a Metropolitan Planning Organization for transportation
planning in the Urban Area, and
WHEREAS, the governments of the Ithaca Urban Area have created the
Ithaca-Tompkins County Transportation Council (ITCTC) to provide transportation
planning services for the Ithaca Urban Area, and
WHEREAS, Federal funding for the ITCTC is provided through the New
York State Department of Transportation (NYSDOT), and
WHEREAS, the NYSDOT has created a Hosting Agreement between the State
and the Host of the I-TCTC, Tompkins County, now therefore be it
RESOLVED, on recommendation of the Planning, Development and Environmental
Quality Committee, That the County accepts the seven-year Hosting Agreement
with the State of New York in its role as host of the ITCTC,
RESOLVED, further, That the County Administrator, or his designee,
is authorized to sign the Hosting Agreement on behalf of the County.
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RESOLUTION NO. 28 - SCHEDULING A PUBLIC HEARING FOR ADDITIONS TO
AGRICULTURAL DISTRICTS NO. 1 (EAST SIDE OF CAYUGA
LAKE) AND NO. 2 (WEST SIDE OF CAYUGA LAKE)
MOVED by Mr. Booth, seconded by Ms. Blanchard, and unanimously adopted by voice vote by members present, under the Consent Agenda.
WHEREAS, Resolution No. 25 of 2004 designated November as an annual
review period when landowner proposals for inclusion of viable agricultural
lands within existing certified agricultural districts will be accepted
for review and action by the Tompkins County Legislature, and
WHEREAS, nine landowners have requested addition of parcels totaling
409.53 acres to Tompkins County Agricultural District No. 1 and one landowner
has requested addition of parcels totaling 5.63 acres to Tompkins County
Agricultural District No. 2, and
WHEREAS, the County Legislature is required to hold a public
hearing and act on such proposals within 120 days under New York State
Agriculture District Law, now therefore be it
RESOLVED, on recommendation of the Planning, Development, and
Environmental Quality Committee, That the public hearing on additions to
the Agriculture Districts of Tompkins County be held at the County Legislature
meeting scheduled for March 15, 2005,
RESOLVED, further, That the Clerk of the County Legislature is
authorized to place proper notice of this public hearing in the official
newspaper of the County.
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RESOLUTION NO. 29 - AUTHORIZING A PUBLIC HEARING TO DISCUSS SUBMITTING AN APPLICATION FOR THE SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR PROGRAM YEAR 2005 FUNDING TO CONTINUE THE TOMPKINS COUNTY HOMEOWNERSHIP PROGRAM
MOVED by Mr. Booth, seconded by Ms. Blanchard, and unanimously adopted by voice vote by members present, under the Consent Agenda.
WHEREAS, applications for housing, public facilities, and microenterprise
programs for the New York State Governor’s Office for Small Cities’ program
year 2005 funding for the Small Cities Community Development Block Grant
(CDBG) program will be accepted in April 2005, and
WHEREAS, Tompkins County would like to apply for these 2005 Small
Cities CDBG funds, and
WHEREAS, Tompkins County is required to have two public hearings
pursuant to any 2005 CDBG applications for funding, and
WHEREAS, the first public hearing was held on September 7, 2004,
to discuss general needs in the County, now therefore be it
RESOLVED, on recommendation of the Planning, Development and Environmental
Quality Committee, That a second public hearing date be set for March 1,
2005, to discuss submitting an application for funding under the CDBG program
to continue the Tompkins County Homeownership Program,
RESOLVED, further, That the hearing will be held at a regularly scheduled
meeting of the County Legislature,
RESOLVED, further, That the Clerk of the County Legislature is authorized
to place proper notice of the public hearing in the official newspaper
of the County.
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RESOLUTION NO. 30 - AUTHORIZATION TO EXTEND CONTRACT - PUBLIC SAFETY COMMUNICATIONS SYSTEM CAPITAL PROJECT
MOVED by Mr. Booth, seconded by Ms. Blanchard, and unanimously adopted by voice vote by members present, under the Consent Agenda.
WHEREAS, the County has established the Public Safety Communications
System as a capital project and the Legislature has assigned the Public
Safety Committee to provide oversight of the project, and
WHEREAS, outside consultants and contractors are required to
complete all phases of the project, which include design, research, assessments,
and other elements, as well as procurement of products, and
WHEREAS, the County established contracts to provide project
management for this project, with SSI, Inc., of Limerick, Pennsylvania,
on May 20, 2004, and
WHEREAS, the County wishes to obtain additional consulting services
from SSI, Inc., of Limerick, Pennsylvania, related to contract negotiations
and implementation, now therefore be it
RESOLVED, on recommendation of the Public Safety Committee, That
the County Administrator be authorized to extend contract services with
SSI, Inc., of Limerick, Pennsylvania, for up to $55,000 for assistance
in the contract and system negotiations for the implementation of the Public
Safety Communications System, the funds for which are available in the
current capital project (Project No. 34.12) Account No. HI 3412-59239,
RESOLVED, further, That the County Administrator is hereby authorized
to extend the contract and to execute change orders up to five (5) percent
of the contract total.
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Appointment(s)
It was MOVED by Mr. Booth, seconded by Ms. Blanchard, and unanimously adopted by voice vote by members present, to approve the following appointment(s) under the Consent Agenda:
Environmental Management Council
Gary Stewart - At- large (#4) representative; term expires December
31, 2005
Water Resources Council
Bret Garwood - Business and Industry representative; term expires December
31, 2006
Strategic Tourism Planning Board
Mary E. Rachun - Ithaca College representative; term expires December
31, 2006
Agricultural and Farmland Protection Board
Rachel Crispell - Dairy Farmer representative; term expires December
31,2008
Fish and Wildlife Management Board
Gregory Johnson - Landowner representative; term expires December 31,
2006
Report from the Health and Human Services Committee
Mr. Winch, Vice Chair, reported at the last meeting the Committee heard from Irene Stein, Director of the Office for the Aging, concerning long-range goals and the presentation given this evening demonstrates the importance of this Legislature understanding the demographics of the County and knowing what the needs of the elderly are. Heather Filiberto, Environmental Management Council Coordinator, spoke to the Committee about the proposed local law to ban open burning in Tompkins County. The Committee also discussed documentation of wells drilled in Tompkins County with Jodie Mangor of the Environmental Health Division of the Health Department.
Report and Presentation of Resolution(s) from the Planning, Development and Environmental Quality Committee
Ms. Herrera, Chair, reported the Committee met on February 2 and received a presentation from Cornell and the Environmental Management Council on the subject of Lake Source Cooling. The Committee also heard a report from the Water Resources Council on aquifers, including the results of studies that have been performed. The Council reported they have worked with the Storm Water group to examine storm water control ordinances and have distributed information to effected municipalities about minimum requirements and possible enhancements. Ms. Herrera said these municipalities will need to adopt storm water control ordinances by 2008. The Committee also heard from the Wetlands Committee concerning a grant application to the EPA (Environmental Protection Agency) to examine wetlands and identify regulations that could be transferred to Tompkins County.
The Committee also discussed and considered the resolution that appeared on the agenda this evening. The next meeting will be March 2nd.
RESOLUTION NO. 31 - SEEKING EXPANSION OF EMPIRE ZONES TO ALL COUNTIES
MOVED by Ms. Herrera, seconded by Ms. Schuler. Mr. Proto said he has serious concerns about exemptions and abatements and would like a review of the existing IDA exemptions as well as the 485B exemptions. Mr. Winch spoke of the State passing on expenses to counties. He said he supports economic development but what appeared to be a fair system with fair criteria has caused an uproar in some areas, such as Tompkins County. Mr. Joseph agreed with Mr. Winch's comments and said the program's purpose is no longer detectable and it does not work very well. He believes this is a bad program and would support the elimination of it across the State. However, Mr. Joseph said when almost every county has an empire zone and it is no longer targeted at all he cannot support giving it to everyone except Tompkins County. Other legislators were in agreement with the comments made by Legislators Joseph and Winch.
A voice vote resulted as follows: Ayes - 11, Noes - 3 (Legislators Proto, Todd, and Winch); Excused - 1 (Legislator Robertson). RESOLUTION ADOPTED.
WHEREAS, the Empire Zone program can be a very effective economic development
tool to create quality employment opportunities and encourage private-sector
investment, and
WHEREAS, seventy-two Zones have been designated statewide, offering
substantial State tax incentives, reduced utility rates, and programmatic
preferences to companies located, or seeking to locate, within an Empire
Zone, and
WHEREAS, only eleven of New York’s sixty-two counties do not currently
have an Empire Zone, and
WHEREAS, these counties are unable to match the State-financed incentives
that communities with an Empire Zone can provide to stimulate job creation
and retention, and
WHEREAS, this places those counties without an Empire Zone at a distinct
disadvantage in attempting to encourage new corporate location or expansion
decisions, now therefore be it
RESOLVED, on recommendation of the Planning, Development and Environmental
Quality Committee, That the Tompkins County Legislature urges Governor
Pataki and the New York State Legislature to amend the Empire Zones program
to allow for the designation of at least one Empire Zone in each of New
York’s sixty-two counties,
RESOLVED, further, That copies of this resolution be sent to Governor
George Pataki; President Pro-Tem of the New York State Senate Joseph Bruno,
Speaker of the Assembly Sheldon Silver, Senator James L. Seward, Senator
George Winner, Senator Michael Nozzolio, Assemblywoman Barbara Lifton,
Chair of the Assembly Economic Development Committee Assemblyman Robin
Schimminger, Chairman of the Senate Committee on Commerce, Economic Development,
and Small Business Senator James Alesi, New York State Association of Counties,
and Commissioner of Empire State Development Charles Gargano.
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Report and Presentation of Resolution(s) from the Budget and Capital Committee
Mr. Koplinka-Loehr, Chair, reported the Committee met on February 8th and received information on the Governor's budget. There was also discussion on the County's Affirmative Action and Diversity efforts. The Income Tax Committee presented an Interim Report. They do not have recommendations at this point; they received direction from the Committee in addition to some additional areas to follow-up on. At the next meeting on February 22 the Committee will discuss feedback that was received from department heads and legislators about last year's budget process. Mr. Koplinka-Loehr reported the Committee discussed requests to fill position forms and agreed on increased scrutiny of diversity for all County departments. He said at the next meeting the Committee will discuss a form or series of questions that will be prepared to accompany that position request form.
RESOLUTION NO. 32 - ENDORSING STATE LEGISLATION S893 AND A1079 EXTENDING EXISTING SALES AND USE TAX AUTHORITY OF THE COUNTY OF TOMPKINS
MOVED by Mr. Koplinka-Loehr, seconded by Mr. Todd.
It was MOVED by Mr. Lane, seconded by Mr. Penniman, to amend the resolution by adding the language contained in the model sales tax exemption resolution that was defeated in being added earlier in the evening. Mr. Penniman said footwear and clothing is a necessity and he sees this as an opportunity to make Tompkins County's taxation more progressive.
Ms. Kiefer said she understands the importance of assisting people who are buying necessities; however, her understanding of the Governor's budget is that it proposes to increase the exemption to $250. She said if this goes through at the State level the County would be bound by that higher level if an exemption is in force. She said she does not feel this Legislature is well-enough informed about this issue and suggested holding a special Legislature meeting on March 1st in order to meet the deadline.
Mr. Wood said the State Department of Taxation and Finance says the County has to use exact language on the previous resolution and also has to adopt this resolution containing the exact language required. He spoke against placing this resolution in jeopardy at a cost of $2 million.
Mr. Joseph said he will not support removal of the sales tax on clothing and footwear. However, if a Legislator comes to him with a majority of members in favor of this he will call a special meeting of this Legislature to pass the resolution.
Mr. Booth said if this motion goes through it would mean that any item can be added to the agenda as long as there are a majority of votes.
Mr. Joseph agreed and called the motion on the floor out of order.
It was MOVED by Mr. Lane, seconded by Mr. Totman, to challenge the ruling of the Chair. A roll call vote on sustaining the ruling of the Chair resulted as follows: Ayes - 11, Noes - 2 (Legislators Lane and Totman); Excused - 2 (Legislators Robertson and Todd). THE RULING OF THE CHAIR WAS SUSTAINED.
Mr. Lane said he would like to explore whether Tompkins County can reduce the sales tax on energy. Mr. Wood said he will look into this but it cannot be done without State legislation. Mrs. McBean-Clairborne asked what this action would mean in terms of a dollar amount.
Mr. Proto suggested this resolution be postponed in order for Mr. Lane's question to be answered. Ms. Kiefer said she is more interested in removal of the tax on home heating fuel rather than gasoline. Mr. Joseph said the current option the County has is on home heating fuel and natural gas and not on gasoline.
It was MOVED by Mr. Proto, seconded by Mr. Winch, to Postpone action on this resolution until June. Mr. Lane said he would wait until the next meeting to vote on this but would not support waiting until June as the County needs to act while the State Legislature is in session. A voice vote on the motion to postpone resulted as follows: Ayes - 2 (Legislators Proto and Winch); Noes - 11; Excused - 2 (Legislators Robertson and Todd). MOTION FAILED.
It was MOVED by Mr. Winch, seconded by Mr. Proto, to Postpone action on this resolution for one month. A voice vote resulted as follows: Ayes - 5 (Legislators Kiefer, McBean-Clairborne, Proto, Schuler, and Winch); Noes - 8 (Legislators Blanchard, Booth, Herrera, Joseph, Koplinka-Loehr, Lane, Penniman, and Totman); Excused - 2 (Legislators Robertson and Todd). MOTION FAILED.
It was MOVED by Mr. Lane, seconded by Mrs. McBean-Clairborne, to Postpone action on this resolution until the March 1 Legislature meeting. A voice vote resulted as follows: Ayes - 7 (Legislators Kiefer, Lane, McBean-Clairborne, Proto, Schuler, Totman, and Winch); Noes - 6 (Legislators Blanchard, Booth, Herrera, Joseph, Koplinka-Loehr, and Penniman); Excused - 2 (Legislators Robertson and Todd). MOTION FAILED.
A voice vote on the original resolution resulted as follows: Ayes - 10; Noes - 3 (Legislators Proto, Schuler, and Winch); Excused - 2 (Legislators Robertson and Todd). RESOLUTION ADOPTED.
WHEREAS, the County of Tompkins has had the authority to enact
an additional one cent of sales and use taxation since December 1, 1992,
and has enacted such taxation, and
WHEREAS, this authority has been exercised since that date and
expires November 30, 2005, and
WHEREAS, this Legislature by Resolution No. 236 of 2004 requested
the members of the New York State Senate and Assembly who represent Tompkins
County to sponsor and support legislation extending this authority beyond
November 30, 2005, and they have done so and have introduced S893/A1079
“AN ACT to amend the tax law, in relation to authorizing the county of
Tompkins to continue imposing an additional one percent sales tax" that
extends this authority to November 30, 2007, now therefore be it
RESOLVED, on recommendation of Budget and Capital Committee,
That this Legislature endorses and requests State approval of legislation
known as S893 and A1079, and urges its elected representatives in the Senate
and the Assembly to support this legislation.
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Report from the Government Operations Committee
Mr. Lane, Chair, reported the Committee held a special meeting for the purpose of working on the County Administrator's evaluation in executive session. The Committee will meet tomorrow.
Report from the Public Safety Committee
Mrs. McBean-Clairborne, Chair, reported the Committee met and discussed the resolution pertaining to the death penalty and also heard a report on the Communications Capital Project from Lee Shurtleff, Director of Emergency Center. He also reported to the Committee that Ithaca City Police dispatch operations have moved to the Emergency Response Center on February 1st. Mrs. McBean-Clairborne said the Committee reviewed goals for 2005 and she noted the Committee will attempt to communicate more effectively with the public on issues that come before the Committee.
Ms. Schuler reported March 8-10 a training on instant command systems will be held. Anyone interested may register online.
Report from the Facilities and Infrastructure Committee
Mr. Penniman, Chair, reported the Committee has not met since the last Legislature meeting. The next meeting will be February 17th. At that meeting there will be a discussion of the filling of positions at the Highway Division.
Report from the Space Needs and Location Committee
Mr. Proto, Chair, reported the Committee meeting has been rescheduled to February 23rd. He also reported two meetings have taken place by staff to review agenda items and to discuss the work of the consultants. He said he will have a full report at the next Legislature meeting.
Approval of Minutes of February 1, 2005
It was MOVED by Mr. Booth, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present, to approve the minutes of February 1, 2005 as corrected. MINTUES APPROVED.
Recess
Mr. Joseph declared recess from 9:00 p.m. to 9:05 p.m.
Executive Session
It was MOVED by Mr. Proto, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present, to enter into executive session at 9:05 p.m. to discuss collective bargaining agreements.
Adjournment
On motion the meeting adjourned at 9:30 p.m.
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