Tompkins County Legislature
Regular Meeting
June 20, 2006 - 5:30 p.m.
Legislature Chambers

Public Hearing – Tompkins Cortland Community College’s Proposed 2006-2007 Operating Budget

 

Chair Joseph called the public hearing to order at 5:33 p.m. and asked if anyone wished to speak concerning the proposed 2006-2007 Tompkins Cortland Community College’s 2006-2007 operating budget.

No one wished to speak and the public hearing was closed at 5:34 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:12 Legislators.(Legislator Sigler arrived at 5:45 p.m.; Legislator McBean-Clairborne arrived at 6:08 p.m.)Excused – 1 (Legislator Hattery).

Privilege of the Floor by the Public

Don Lifton, Village of Lansing, spoke in support of the resolution entitled Support of New York State Assembly Bills A6575, A6576, A10583, and Senate Bills S3459 and S7090 – Which Address the Growing Health Insurance Crisis in New York State and urged the County Legislature to approve it.He commented briefly on two American values:(1) the notion of security; and (2) the notion of responsibility and made the following statement:The protection of health, the insuring of the sick and vulnerable is crucial to the stability and security of our nation.He said "We collectively try to take responsibility for the issues and concerns of our society and we look to our Government to be the lead in that collective responsibility that we all share".

Frances Helmstadter, Ithaca, spoke on behalf of the single-payer system.She believes that many people at this meeting have felt the effects of the current health care delivery system that is failing people.She spoke of a friend who is an American citizen who has no health insurance and is critically ill.In an attempt to schedule a 30-minute doctor’s visit, the cost was $690.Ms. Helmstadter said the current health care system is a disgrace and the obstacles are that of “terrorism”.She urged the Legislature to consider the resolution and other necessary actions towards a single-payer plan.


Bernie Fetterly, representative of the Tompkins County Health Care Task Force and City of Ithaca resident, spoke against Fair Share Health Care.Fair Share Health Care will do nothing to deal with the rising and high costs of health care.It will not significantly reduce the number of uninsured or underinsured.It will not significantly reduce the amount of people going bankrupt because of health care costs and it will do very little for the fifty people who die every day because they lack health care coverage.Fair Share will not lead to universal health care, it will be an added burden to businesses.Mr. Fetterly stated that single-payer health care is the only real solution and urged the Legislature not to pass the proposed resolution entitled Support of New York State Assembly Bills A6575, A6576, A10583, and Senate Bills S3459 and S7090 – Which Address the Growing Health Insurance Crisis in New York State.He does not believe there could ever be a livable wage until there is an affordable health care plan.

Theresa Alt, Ithaca, agreed with the comment made by Mr. Fetterly that a single-payer system is the solution and feels the proposed resolution entitled Support of New York State Assembly Bills A6575, A6576, 10583, and Senate Bills S3459 and S7090 – Which Address the Growing Health Insurance Crisis in New York State states that.She believes New York State is big enough to have its own single-payer system and the best solution would be if the State Legislature passed A6576, the single-payer bill.

Mr. Sigler arrived at this time.

Ben Furnas, Ithaca, spoke about the resolution entitled Support of New York State Assembly Bills A6575, A6576, 10583, and Senate Bills S3459 and S7090 – Which Address the Growing Health Insurance Crisis in New York State he shared the following information:

"Source:US Census Current Population Survey, 2003.Analyzed by Center for a Changing Workforce.

"There are 66,360 people currently working without health insurance in the Finger LakesRegion and Central New York, the 26,851 people who would be newly covered under the Fair Share legislation (40% of current uninsured workers) and the 10,667 people who would be able to afford to come off Medicaid, for a region wide estimated taxpayer savings of $62 million.

·37 firms employ over 100 people in Tompkins County, 29 of which are non-agricultural and non-manufacturing and would be covered under the Fair Share plan.(NYS Bureau of Labor)

·Many more firms employ fewer than 100 people in Tompkins County, but more than 100 people statewide.These firms include mostly retail chains and chain restaurants (the “Big-Box” developments), and would also be covered by the Fair Share legislation.

·Retail Trade employs 4,874 people in Tompkins County.These people make an average annual wage of $19,926.Accommodation and Food Services employs 3,408 people in Tompkins County, at an average annual wage of $12,401.It is safe to assume that the lion share of these employees work for the large state-wide chains and would be covered by the Fair Share legislation.(NYS Bureau of Labor)"

Linda Smith, Assembly Aide for Assemblywoman Lifton, stated that Assemblywoman Lifton supports the proposed resolution entitled Support of New York State Assembly Bills A6575, A6576, 10583, and Senate Bills S3459 and S7090 – Which Address the Growing Health Insurance Crisis in New York State.She also stated it is very important for counties to weigh in on these issues.The Assembly appreciates the issues and concerns of the business community and in response there have been amendments made to the bill; however exact figures have not yet been determined.They are looking at the threshold, number of employees, and the assessment figure.

Rebecca Elgie, City of Ithaca, appreciates the Legislature considering the issue of health care and spoke primarily about the proposed State Bill 6576.We need to provide all New Yorkers with a health plan with cost controls and quality insurance. A single-payer system would truly level the playing field since it will require all employers to contribute to a payroll tax; however, contributions would be much less than they are currently paying and will cover all residents with necessary and preventive care.

Mike Lane, Dryden, spoke briefly in support of the resolution Support of New York State Assembly Bills A6575, A6576, 10583, and Senate Bills S3459 and S7090 – Which Address the Growing Health Insurance Crisis in New York State.He also spoke about sales tax.The County has an opportunity to look at two kinds of sales tax reductions:(1) elimination of sales tax on clothing and shoes for items of $110 or less; (2) elimination of sales tax up to the cap on gasoline and other energy products.He fully supports eliminating the sales tax on clothing and shoes; however, he does not support eliminating the sales tax on gasoline and other energy products.The elimination of sales tax on clothing and shoes keeps businesses competitive and assists those who most need it when buying the basics such as socks, shoes, etc.He does not support the elimination of sales tax on energy because gasoline prices are volatile and this would transfer the money from local government to the pockets of oil companies.

Presentation of Resolution(s) from the Planning, Development and Environmental Quality Committee

RESOLUTION NO. 94 - IN APPRECIATION OF THE SELFLESS ACTS OF JOSEPH AND KAREN PHILIP, BRIAN MEYERS, AND EMERGENCY RESPONDERS IN PROVIDING ASSISTANCE TO TOM AND ELSIE TODD

MOVED by Ms. Robertson, and unanimously seconded and adopted by voice vote by members present.

WHEREAS, on the morning of May 20, 2006, longtime Tompkins County Legislator Tom Todd, and his wife, Elsie, were injured in a serious motor vehicle accident near King Ferry, New York, and

WHEREAS, the car left New York State Rt. 90, overturned, and began to burn, and

WHEREAS, Joseph and Karen Philip, residents of the King Ferry area, were traveling by the scene and realized the gravity of the situation, and

WHEREAS, Mrs. Philip called 911 on a cellular phone, while Mr. Philip ran to the car, assisted Tom as he crawled from the vehicle, and then entered the overturned car to pull Elsie to safety, moments before the car was fully engulfed in flames, and

WHEREAS, the Philips, assisted by another passerby, Brian Meyers of Union Springs, New York, carefully moved the Todd’s to a safer area and tended to their injuries until the prompt arrival of emergency responders, and

WHEREAS, the responders included volunteer members from the King Ferry and Aurora Fire Departments, emergency medical personnel from Southern Cayuga Ambulance, Rural Metro (Auburn) and Mercy Flight Central (Helicopter Service), as well as law enforcement agencies, including the Cayuga County Sheriff's Office and New York State Police, and

WHEREAS, were it not for the actions of Joseph and Karen Philip and Brian Meyers, the consequences of the accident would have surely been tragic, and

WHEREAS, responders stabilized Tom's and Elsie's injuries and provided for their rapid transport to a regional trauma center in Syracuse, further ensuring timely, proper, and definitive care, now therefore be it

RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That it is the will of this body, the Tompkins County Legislature, to commend the heroic and selfless actions of these private citizens and to further recognize the skill of emergency workers who provided for the Todds’ treatment and transport,

RESOLVED, further, That their actions exemplify the spirit and dedication of a public safety community upon which we as society rely on a daily basis,

RESOLVED, further, That we are pleased that Tom and Elsie are reported to be "on the mend," and extend our wishes to them for a speedy recovery,

RESOLVED, further, That the Tompkins County Legislature present John and Karen Philips and Brian Meyers with a plaque of appreciation as a token of our gratitude.

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Presentation of Distinguished Youth Award

Mr. Stevenson presented Mathew Watros Jr. of Newfield for the Distinguished Youth Award.Mathew is a National Honor Society member and is also a valuable member of the Newfield Fire Company.In his nomination letter Fire Chief Wall states Mathew is an individual who stands out and deserves recognition for his accomplishments and ability to be a great leader and role model both in and out of school.Mathew also aspires to be in the Marines.His most significant attribute is dedication to the work he does for the Newfield Fire Company and the difference he makes for his community.

Ms. McBean-Clairborne arrived at this time.

 

Privilege of the Floor by Legislators

Ms. Robertson, District No. 13 Legislator, spoke briefly about the health insurance issue and her support of the proposed resolution on the agenda entitled Support of New York State Assembly Bills A6575, A6576, A10583, and Senate Bills S3459 and S7090 – Which Address the Growing Health Insurance Crisis in New York State.She invited speakers who spoke under privilege of the floor to submit their statement for the record to the Clerk of the Legislature.

      Ms. Mackesey, District No. 1 Legislator, thanked everyone who spoke this evening concerning the health care issue and said it is important for the Legislature to hear from the public.

Mr. Proto, District No. 7 Legislator, reminded Legislators that the public hearing on the New York State Electric and Gas’s (NYSEG) electric plan is coming up and urged those interested to speak in opposition to the proposal and support the Public Service Commission’s proposal to change the methodology using.More information is available on the Internet or call him.

Mr. Shinagawa, District No. 4 Legislator, thanked everyone who came to the press conference prior to the meeting in support of the resolution entitled Support of New York State Assembly Bills A6575, A6576, A10583, and Senate Bills S3459 and S7090 – Which Address the Growing Health Insurance Crisis in New York State.He also thanked all those who assisted with writing the resolution.

Mr. Booth, District No. 3 Legislator, spoke about a bill being proposed by the State Legislature that authorizes counties to elect to regulate trapping.The Assembly has passed the bill; however, he hopes this bill will not pass the Senate.

Individual Member-Filed Resolution

RESOLUTION NO. 95 – SUPPORT OF NEW YORK STATE ASSEMBLY BILLS A6575, A6576, A10583, AND SENATE BILLS S3459 AND S7090 – WHICH ADDRESS THE GROWING HEALTH INSURANCE CRISIS IN NEW YORK STATE

MOVED by Mr. Shinagawa, seconded by Ms. Robertson.Ms. Kiefer said she is a supporter of the single-payer plan.She asked how the Fair Share bill would impact the community college.Mr. Ross, Dean of College Services, said, as he understands the bill, it applies to employers with over 100 employees which would include the college; however it would depend on who is counted. At this time he highlighted the information he used when making the calculations.Excluded from coverage is executive staff, administrative staff, and professional staff who also make over $600 per week.In the information he prepared, all faculty and administrative staff were excluded.The classified staff including those making over $600 per week, there are 94 people who fit in that category.There are also 230 individuals who work at the college as adjunct faculty and do not meet the threshold of making $600 per week. The cost for adjunct faculty not covered by health insurance, the cost would be $318,000 assuming two hours of work in addition to the classroom time.He spoke of other ways to look at these calculations.

Mr. Shinagawa discussed this with Mr. Ross and understands the difficulties with the various calculations.However, he believes there would be significant Medicaid cost savings.Ms. Smith of Assemblywoman Lifton’s office, said there would be a stabilizing affect as well and said if the Assembly bill passes it would be good for the economy of New York State and produce jobs.

Ms. Herrera said she supports the resolution as proposed.

Mr. Sigler appreciated the effort and thanked everyone who worked on this resolution. He spoke about the competing State plans:Maryland’s and Massachusetts’s.Maryland is the only state that has adopted a plan like the Fair Share plan to date.After reviewing the Massachusetts’s plan, he believes that the Senate may want to consider it in the future as it addresses many of the problems raised by small businesses and constituents.This Fair Share bill is a “band-aid” approach and feels the time has come that government officials are now willing to look at this issue seriously and make some changes.

Mr. Proto said although this was discussed by the Health and Human Services Committee there was not a full complement of members present at the time.He stated that over the years health insurance costs have risen dramatically and became a major cost of doing business; however, he does not feel the proposed resolution addresses the real problem and is afraid it may end up hurting the people it is intended to help.Mr. Proto said the $3/hour will not come from the profits made by business but will instead be added to the goods being sold.

Ms. Robertson said Assemblywoman Lifton spoke of A6575 when she was first elected to office.She stated this is not a new issue and encouraged Legislators to vote in support of this resolution as people are dying because they do not have health insurance coverage.

Mr. Shinagawa said the greatest cost to people is in the form of the property tax and stated 2,000 people have gone on Medicaid in Tompkins County since 2001.He feels this will help small businesses and noted Greenstar is in support of this.Mr. Shinagawa said this levels the playing field as large businesses will have to pay for what small businesses are already paying for. 

Mr. Randall said he supports the proposed resolution.He said he has had personal issues arise in his own life as a result of a lack in health care and said although this Legislation is not perfect, something needs to be done now.

A roll call vote resulted as follows:Ayes - 12, Noes - 2 (Legislators Proto and Sigler); Excused -1 (Legislator Hattery).RESOLUTION ADOPTED. 

WHEREAS, access to health care continues to be a major concern for New Yorkers, and 

WHEREAS, today nearly 3 million state residents have no health insurance, and often from necessity incur high individual debt and/or face financial ruin, and

WHEREAS, New York State is the 5th wealthiest state, but has the 2nd highest rate of uninsured people, and

WHEREAS, New York State in recent years had led the nation in expanding public programs such as Medicaid and designing programs such as Family Health Plus and Child Health plus, spending $1.2 billion in taxpayer dollars through Medicaid and Family Health Plus to cover the insurance of those who are already employed, but do not receive coverage through their employers, nevertheless there has been little net reduction in the number of uninsured, largely because employers have been decreasing coverage,and

WHEREAS, many employers, including many small businesses, are responsible and do provide health care to their employees but face competitive disadvantages from employers who shift the responsibility of rising health care costs onto their employees and taxpayers, and 

WHEREAS, there is no reason for health care to be tied to employment; this linkage is an artifact of post-World War II economics when American employers chose to offer health benefits in place of salary increases, and

WHEREAS, New York State can do better in fulfilling its constitutional promise of caring for all residents, and

WHEREAS, there are three major health-care bills before the New York State Legislature:

A. 6576 (S. 3459) –the New York Health Plan, which would establish a single-payer health-care program in New York State that would cover all residents. This bill first passed the Assembly in 1992.It would cover all necessary medical care including prescription drugs; hospital, surgical, outpatient services; primary and preventive care; emergency services; dental and mental health; physical therapy; vision care; and long-term care, and

A. 6575 (no Senate companion yet) –that would establish a Legislative Commission on health-care reform with two co-chairs, one heading a study of Expanding Traditional Health Care and one studying Publicly Financed Health Care, and

A.10583 (S. 7090) –Fair-Share Health Care, which would require all employers of more than 100 employees -- excluding manufacturing and farm jobs, and those employed in managerial, administrative, and professional positions -- to pay an assessment to New York State (based on number of hours worked annually; initially at $3/hour), with that assessment reduced by what the employer already pays for health coverage for employees and family members. This bill has the potential in New York to provide 400,000 currently uninsured workers with employer-sponsored health insurance; shift approximately 200,000 workers currently enrolled in Medicaid and Family Health Plus to employer-sponsored health insurance; and save state and local governments approximately $465 million in reduced spending on uncompensated care for the uninsured, and 

WHEREAS, the Tompkins County Legislature believes that both controlling health care costs and ensuring health care for all residents is of paramount importance, and

WHEREAS, this Legislature further believes that the best approach for New York State is to move directly from the current multiple-payer approach, with its high costs of administration and marketing, to a statewide single-payer system, which is the approach used in other industrialized democracies and which results in residents having comparatively lower costs and greater satisfaction than we do, and

WHEREAS, the next-best approach would be the Study Commission, where the two contrasting approaches would get an up-to-date analysis and be open to easy comparison, and

WHEREAS, although the “Fair Share” helps provide New York with additional revenue to expand health coverage, it does so by continuing to tie health care to employment and thus may help prop up the current flawed system, but can be seen as a partial, short-term solution to the health insurance crisis, and as a first step toward better, and still prospective, nationwide, single-payer health care system, now therefore be it

RESOLVED, That the Tompkins County Legislature urges passage of A.6576 and S.3459, New York Health, the approach that ensures health-care coverage for all New Yorkers, 

RESOLVED, further, That the Tompkins County Legislature, recognizing that in any event the urgency of the current health care situation requires that measures be taken to address the growing crisis, also supports the Study Commission and the “Fair Share Health Care” plan.

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Report from the Finance Director

Mr. Squires introduced Tompkins County's new Bond Counsel, Phil Marquadt.He presented the annual report for the Industrial Development Agency and stated it is available in the Clerk of the Legislature's Office for public review.

Mr. Squires reported on sales tax receipts for 2006 and stated for five months sales tax receipts have been positive and at the present time revenue is five percent ahead of budget.

He also reported he met with Andy Sciarabba with regard to the proposed Lansing sewer project and stated they may be coming forward with a capital project request for examination by the Legislature.

During discussion, it was clarified that Mr. Squires informed representatives of the project on process and procedures and in no way promised anything with regard to the project.Prior to anything being proposed this issue will be brought back to the Planning, Development and Environmental Quality Committee for a full discussion.

Ms. Robertson stated the Planning Department has a contract with the Town of Lansing to revise the Town's zoning to create nodal development.The sewer project would be more affordable with more users.She suggested Mr. Sciarabba speak with Mr. Squires.Mr. Sigler stated that the expertise of both Mr. Marx and Mr. Squires is very helpful to the representatives of this project.He hopes the project can be supported with County resources, and he noted that this is a major project that will help the entire County.

Ms. Herrera said it is clear to her that the 2007 budget is already under stress and although she won't debate this now, she has several reservations about this project.

Mr. Wood commented that the proposal raises significant legal issues.

Mr. Squires concluded his report by asking Legislators to submit time logs if they have not already done so.

 

Report from the Budget and Capital Committee

Mr. Koplinka-Loehr, Chair, said the Committee met June 12 and most of the actions are reflected on the agenda in the form of resolutions.The Committee discussed as a follow-up to the Budget Retreat different scenarios for what directives to give to Department Heads to meet the Legislature’s target.At the June 26th Committee meeting discussion will continue on the various refined scenarios and can be available prior to the meeting upon request.On July 5th the Legislature will act on a resolution establishing fiscal targets for departments to prepare their budgets.

Addition of Resolution(s) to the Agenda

It was MOVED by Mr. Koplinka-Loehr, seconded by Mr. Booth, to add to the agenda the resolution entitled Endorsing State Legislation S6542-A and A9740-A AN ACT to Amend the Tax Law, In Relation to Imposing an Additional Real Estate Transfer Tax within the County of Tompkins.A voice vote resulted as follows:Ayes – 13; Noes – 1 (Legislator Proto); Excused – 1 (Legislator Hattery).MOTION CARRIED.

Presentation of Resolution(s) from the Government Operations Committee

RESOLUTION NO. 96 - AUTHORIZATION OF CONTRACT FOR BOND COUNSEL 

SERVICES

MOVED by Ms. Herrera, seconded by Mr. Koplinka-Loehr, and unanimously adopted by voice vote by members present.

WHEREAS, a Request for Proposals was issued for Bond Counsel Services due to the closure of the public finance practice of Willkie Farr & Gallagher, and

WHEREAS, in April the County received proposals from eight firms desiring to represent the County, and

WHEREAS, the County Attorney and Finance Director reviewed and analyzed proposals based upon experience, cost, and professional reputation with New York municipal clients, and

WHEREAS, the proposal submitted by Trespasz & Marquardt, LLP, of Syracuse, New York, was selected for recommendation because of the firm’s commitment of staff availability to meet tight deadlines, cost effectiveness of proposal, familiarity with Tompkins County, and availability to attend County meetings when requested, now therefore be it

RESOLVED, on recommendation of the Government Operations Committee, That the County Attorney is authorized to engage the firm of Trespasz & Marquardt, LLP, of 251 West Fayette Street, Syracuse, as bond counsel for a three-year period based upon the terms outlined in the request for proposal.

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Presentation of Resolution(s) from the Budget and Capital Committee

RESOLUTION NO. 97 - ADOPTION OF 2006-2007 OPERATING BUDGET - TOMPKINS 

CORTLAND COMMUNITY COLLEGE

MOVED by Mr. Koplinka-Loehr, seconded by Mrs. McBean-Clairborne.Ms. Herrera said she would not be supporting the resolution as she feels the Foundation should be paying a prevailing wage to individuals working on these construction projects.

Mr. Koplinka-Loehr reminded members that the bottom line Tompkins County taxpayers will be contributing to the 2006-2007 Community College budget is a five percent increase.At the request of the County Legislature, there was agreement at the College’s budget presentation that a budget would be submitted with a five percent increase rather than a six percent increase as initially proposed.In response to a question raised by Ms. Kiefer, Mr. Ross, Dean of College Services, explained the adjustments to reduce the budget were made in contractual areas such as supplies, printing, new initiatives, etc.The total amount of adjustments made was $36,000.Ms. Kiefer expressed concern that the County continues to fall behind in the share it is paying to the College and hopes this is taken into consideration next year.She asked what it would take to stabilize the slide, and Mr. Ross said an 8% increase in sponsor cash.

Ms. Mackesey said she will support the resolution; however, she believes public institutions have the ability to pay their employees a decent wage.She is unhappy the prevailing wage is not being used in the construction at the College, but feels there are too many people who attend TC3 whose lives are made better by it.She hopes the TC3 Foundation will change its policies about hiring for construction work in the future.

A voice vote resulted as follows on the resolution:Ayes – 13; Noes – 1 (Legislator Herrera); Excused – 1 (Legislator Hattery).RESOLUTION ADOPTED.

WHEREAS, a proposed operating budget for Tompkins Cortland Community College for the fiscal year September 1, 2006 through August 31, 2007, has been presented to the Legislature of the County of Tompkins pursuant to County Law and Section 6306 of the Education Law, and

WHEREAS, the Legislature has conducted a public hearing on said proposed budget on the 20th of June 2006, now therefore be it

RESOLVED, on recommendation of the Budget and Capital Committee, That said proposed 2006-2007 operating budget in the amount of $27,749,250 of which the sponsoring community contribution is in the amount of $3,746,925 be and the same hereby is approved,

RESOLVED, further, That the Legislature of Tompkins County includes in the 2007 Tompkins County Budget an amount to be determined pursuant to the approved plan for said College in effect as of September 1, 2006, and that the amount when determined be raised by taxation in the County of Tompkins in the fiscal year 2007,

RESOLVED, further, That this resolution shall become effective upon the adoption of a concurrent resolution by the Cortland County Legislature.

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RESOLUTION NO. 98 - ENDORSING STATE LEGISLATION S6542-A AND A9740-A AN ACT TO AMEND THE TAX LAW, IN RELATION TO IMPOSING AN ADDITIONAL REAL ESTATE TRANSFER TAX WITHIN THE COUNTY OF TOMPKINS

MOVED by Mr. Koplinka-Loehr, seconded by Mr. Booth.Mr. Koplinka-Loehr explained the action taken last year by the Legislature requested the State to introduce an amendment to legislation that would allow Tompkins County to add $2.00 to the existing $4.00 transfer tax fee.The anticipated annual revenue was approximately $600,000.During the budget process last fall, the Legislature approved $335,000 with the anticipation that the tax would begin being collected on July 1, 2006.The State has agreed to introduce this legislation; however, this Legislature is required to pass a resolution endorsing the proposed Assembly and Senate bills.Following approval by the State and Governor, the process requires a local law be approved with a 60-day effective date, which will result in October 1st as being the earliest possible date for implementation.He said revenue projections will need to be adjusted for 2006.

A voice vote resulted as follows on the resolution:Ayes – 10; Noes – 4 (Legislators Herrera, Proto, Randall, and Stevenson); Excused – 1 (Legislator Hattery).RESOLUTION CARRIED.

WHEREAS, New York State currently collects an ownership transfer tax on each conveyance of real property in Tompkins County under Tax Law §1402 amounting to four dollars for each one thousand dollars or fractional part thereof, and

WHEREAS, Resolution No. 141 of 2005, requested legislation be amended authorizing Tompkins County to impose and collect a local transfer tax amounting to up to two dollars for each one thousand dollars or fractional part thereof (potentially resulting in a total transfer tax of six dollars per one thousand dollars in Tompkins County), and

WHEREAS, this Legislature by Resolution No. 141 of 2005, requested the members of the New York State Senate and Assembly who represent Tompkins County to sponsor and support legislation amending this authority, and they have done so and have introduced S6542-A/A9740-A “AN ACT to amend the tax law, in relation to imposing an additional real estate transfer tax within the County of Tompkins”, now therefore be it

RESOLVED, That this Legislature endorses and requests State approval of legislation known as S6542-A and A9740-A, and urges its elected representatives in the Senate and the Assembly to support this legislation.

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RESOLUTION NO. 99 - ADOPTING TOMPKINS COUNTY CAPITAL PLAN

MOVED by Mr. Koplinka-Loehr, seconded by Mr. Booth.Mr. Proto asked for (1) reassurance that the list in Appendix A is not necessarily “locked in stone”; and (2) does this highlight that a new Health Department building will potentially be built in 2010.Mr. Marx said the appendix is a listing of all the anticipated capital expenses and facilities in the Public Works divisions that were identified by the managers to provide a context of what the needs over the next 20 years could be.In answering the second question, the plan suggests a schedule for meeting the County’s needs which would have a Health Department construction in 2008, a Public Safety building in 2013, and Center of Government building in 2018.This plan does not commit the Legislature, and any actions would have to go through the normal process for approval.

Ms. Mackesey commended staff for developing this plan and being able to look at long-term planning.Ms. Robertson agreed and feels this is a rational plan.

Ms. Herrera said this process is moving too fast.She disagrees with adding money to the capital budget when Legislators have not agreed on priorities.

Ms. Kiefer spoke about Table 6.Parameters for Evaluating Capital Program on page 13 and said her preference would be to have the debt service as a percent of full taxable assessed value up to .20 percent.The total indebtedness as a percentage of constitutional debt limits could be 50 percent and not stop at 25 percent.Ms. Kiefer also asked the County Administrator if it made sense for the County to pursue a discussion about a joint jail facility with Cortland County as suggested by former Legislator Mike Lane and said that could change things dramatically in this plan.Mr. Whicher commented that the goal of this plan is to provide guidelines and give direction to assist with putting together a budget.He said it would make sense for the County to discuss a joint jail facility with Cortland County.

Ms. Kiefer referenced the section of Issues for Future Study and commented that she continues to opposes paying salaries through debt service for capital projects and hopes that does not happen.

Further discussion followed and a voice vote resulted as follows on the resolution:Ayes – 13, Noes – 1 (Legislator Herrera), Excused – 1 (Legislator Hattery).RESOLUTION CARRIED.

WHEREAS, Tompkins County is responsible for maintaining critical elements of community infrastructure including the county highway system, the emergency communications network, and facilities to support a wide range of governmental activities including public safety, social and human services, public health, public works, and general government, and

WHEREAS, the County owns capital assets including land, buildings, equipment and infrastructure valued at approximately $125 million, and

WHEREAS, in 2004 and 2005 the Space Needs and Location Committee of the Legislature identified the need to construct new facilities to house the County Health Department and meet the needs of departments located in the downtown complex, and

WHEREAS, the Public Safety Committee has considered the need for renovation and expansion of the Public Safety Building, and

WHEREAS, Tompkins County has a current debt of approximately $44 million and annual debt service of over $4 million, and

WHEREAS, commitments to capital projects can involve debt service obligations of up to 20 years, and

WHEREAS, maintaining current facilities and infrastructure and meeting the future needs of county government and the Tompkins County community requires a plan for capital investment that is consistent with meeting overall County government budgetary goals, and

WHEREAS, such a plan should allow the county to meet its capital facilities and infrastructure needs with an acceptable fiscal impact, now therefore be it 

RESOLVED, on recommendation of the Budget and Capital Committee, That the Tompkins County Legislature adopts the Tompkins County 20-Year Capital Plan to be used as a guide in making decisions regarding the community infrastructure needed to support the operations and responsibilities of Tompkins County government with a manageable level of public investment, 

RESOLVED, further, That the plan shall be reviewed periodically, updated as necessary, and may be amended at any time by majority vote of the Legislature.

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RESOLUTION NO. 100 - AUTHORIZING THE ISSUANCE OF $8,060,000 SERIAL BONDS OF THE COUNTY OF TOMPKINS, NEW YORK, TO PAY A PORTION OF THE COST OF ROAD AND HIGHWAY SYSTEM RECONSTRUCTION AND IMPROVEMENTS AT VARIOUS LOCATIONS THROUGHOUT THE COUNTY 

MOVED by Mr. Koplinka-Loehr, seconded by Mr. Proto.A roll call vote resulted as follows:Ayes – 14, Noes – 0, Excused – 1 (Legislator Hattery).RESOLUTION ADOPTED.

WHEREAS, Tompkins County (the “County”) is a local agency pursuant to the New York State Environmental Quality Review Act (“SEQRA”), ECL Section 8-0101, et. seq., and implementing regulation, 6 NYCRR Part 617 (the “Regulations”), and

WHEREAS, it is now desired to authorize the financing of a capital project consisting of repaving certain existing roads and highways at various locations throughout the County not involving the addition of new travel lanes (the “Project”), now therefore be it

RESOLVED, on recommendation of the Facilities and Infrastructure and the Budget and Capital Committees, by the County Legislature of the County of Tompkins, New York as follows:

Section 1.The County, having reviewed the impact of undertaking the Project, hereby determines that such action constitutes a “Type II Action” under the NYCRR § 617.5(c) (4) of the Regulation and is not subject to review under SEQRA.

Section 2.For the class of objects or purposes of paying a portion of the cost of repaving certain existing roads and highways at various locations throughout the County not involving the addition of new travel lanes, including preliminary costs and costs incidental thereto and the financing thereof, there are hereby authorized to be issued $8,060,000 serial bonds of the County of Tompkins, New York, pursuant to the provision of the Local Finance Law.

Section 3.It is hereby determined that the maximum estimated cost of the aforesaid class of objects of purposes is $15,345,000 and the plan for the financing thereof is by the issuance of the $8,060,000 serial bonds hereby authorized to be issued pursuant to this bond resolution and the levy and collection of taxes on all the taxable real property in the County to pay the principal of said bonds and the interest thereon as the same shall become due and payable, and the application of $6,515,000 of Federal and State aid, including funds from the State’s Consolidated Local Street and Highway Improvement Program expected to be received for this purpose.It is hereby further determined that if the amount of Federal and State aid actually received is greater than $6,515,000, the amount of bonds ultimately issued may be reduced by the receipt of such excess aid.

Section 4.It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is ten years under subdivision 20(b) of paragraph a. of Section 11.00 of the Local Finance Law.It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years.

Section 5.Subject to the provision of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized including renewals of such notes, is hereby delegated to the County Director of Finance, the chief fiscal officer.Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said County Director of Finance, consistent with the provisions of the Local Finance Law.

Section 6.The faith and credit of said County of Tompkins, New York, and hereby irrevocably pledged for the payment of the principal of and interest of such bonds as the same respectively become due and payable.An annual appropriation shall be made in each year sufficient to pay the principal of and interest of such bonds becoming due and payable in such year.There shall annually be levied on all the taxable real property of said County a tax sufficient to pay the principal of and interest of such bonds as the same become due and payable.

Section 7.Such bonds shall be in fully registered form and shall be signed in the name of the County of Tompkins, New York, by the manual or facsimile signature of the County Director of Finance and a facsimile of its corporate seal shall be imprinted or impressed thereon and may be attested by the manual or facsimile signature of the County Clerk.

Section 8.The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the County Director of Finance, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as her or she shall deem best for the interests of the County; provided, however, that in the exercise of these delegated powers, he or she shall comply fully with the provision of the Local Finance Law and any order of rule of the State Comptroller applicable to the sale of municipal bonds.The receipt of the County Director of Finance shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money.

Section 9.All other matters, except as provided herein relating to such bonds including determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the County by the facsimile signature of the County Director of Finance, providing for the manual countersignature of a fiscal agent or of a designated official of the County), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the County Director of Finance.It is hereby determined that it is to the financial advantage of the County not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent.Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by Section 52.00 of the Local Finance Law, as the County Director of Finance shall determine.

Section 10.The temporary use of available funds of the County, not immediately required for the purpose or purposes of which the same were borrowed, raised or otherwise created, is hereby authorized pursuant to Section 165.10 of the Local Finance Law, for the capital purposes described in Section 2 of this resolution.The reasonably expected source of funds to be used to initially pay for the expenditures authorized by Section 3 of this resolution shall be from the county’s General Fund.It is intended that the County shall then reimburse expenditures from the General Fund with the proceeds of the bonds and bond anticipation notes authorized by this resolution and that the interest payable on the bonds and any bond anticipation notes issued in anticipation of such bonds shall be excludable from gross income for federal income tax purposes.This resolution is intended to constitute the declaration of the County’s “official intent” within the meaning of Treasury Regulation Section 1.150-2 to reimburse the expenditures authorized by this resolution with the proceeds of the bonds and bond anticipation notes authorized herein.Other than as specified in this resolution, no monies are reasonably expected to be, received, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the objects or purposes described herein.

Section 11.The validity of such bonds and bond anticipation notes may be contested only if:

1)Such obligations are authorized for an object or purpose for which said County is not authorized to expend money, or

2)The provision of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commended within twenty days after the date of such publication, or

3)Such obligations are authorized in violation of the provisions of the Constitution.

Section 12.This resolution, which takes effect immediately, shall be published in full in The Ithaca Journal, the official newspaper of said County, together with a notice of the Clerk of the County Legislature in substantially the form provided in Section 81.00 of the Local Finance Law.

SEQR ACTION:TYPE II-20

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Mr. Koplinka-Loehr was excused at 7:40 p.m.

Reconsideration of Resolution No. 99

It was MOVED by Ms. Kiefer, seconded by Mr. Proto, to reconsider Resolution No. 99 to propose adding language that describes the Public Safety Committee’s consideration of the need for renovation or expansion of the Public Safety Building.Ms. Kiefer noted that Commissioner Marx supports the additional language. A voice vote resulted as follows on the motion to reconsider:Ayes – 7 (Legislators Dennis, Kiefer, Mackesey, McBean-Clairborne, Proto, Sigler, and Shinagawa); Noes – 6 (Legislators Booth, Herrera, Joseph, Randall, Robertson, and Stevenson); Excused – 2 (Legislators Hattery and Koplinka-Loehr).MOTION TO RECONSIDER FAILED.

 

Ms. Kiefer requested to read into the record the sentence she wanted to add to the resolution.Mr. Joseph declared the request to be out of order.

Recess

Chair Joseph declared recess at 7:43 p.m.The meeting reconvened at 7:50 p.m.

Chair’s Report

Mr. Joseph waived his report.

Report from the County Administrator

Mr. Whicher updated the Legislature on the results of the exam for the Office for the Aging Director’s position.There are five eligible people on the list and he will reconvene the search committee to begin the process for filling the position.

Report from the County Attorney

Mr. Wood reported that all the Annual Financial Disclosure forms have been filed and do not reveal any present conflicts.One observation he made is the changes made to the form last year seem to have made it much clearer for people to fill out.

 

Resolution(s) Added to the Agenda

There were no resolution(s) added to the agenda.A resolution had been added to the agenda following the report from the Budget and Capital Committee earlier in the meeting.

Withdrawal of Resolution(s) from the Agenda

     There were no resolution(s) withdrawn from the agenda.

Approval of the Resolution(s) Under the Consent Agenda

It was MOVED by Mr. Proto, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present, to approve the following resolution(s) under the Consent Agenda:

RESOLUTION NO. 101 – AUTHORIZATION TO REDUCE HOURS – ENVIRONMENTAL 

HEALTH AND WIC PROGRAM – HEALTH DEPARTMENT

MOVED by Mr. Proto, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present under the consent agenda.

WHEREAS, Resolution No. 50 of 2003 provided for an increase in hours for both a Public Health Sanitarian and WIC Program Nutrition Aide (since reclassed to Nutrition Educator), now therefore be it

RESOLVED, on recommendation of the Health and Human Services and the Budget and Capital Committees, That the hours of the following positions be changed as follows effective July 2, 2006:

1.0Public Health Sanitarian (14/595), labor grade N, decrease the position and approved hours from 37.5 to 35.0 per week, and

1.0Nutrition Educator (8/725), labor grade H, decrease the position and approved hours from 37.5 to 35.0 per week.

SEQR ACTION: TYPE II-20 

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RESOLUTION NO.102– AUTHORIZATION TO CONTRACT WITH TOMPKINS COUNTYAREA DEVELOPMENT FOR TOURISM CAPITAL GRANTSPROGRAM

MOVED by Mr. Proto, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present under the consent agenda.

WHEREAS, the County has provided funding for tourism entirely from the Room Occupancy Tax account, and the County Legislature appoints members to the Strategic Tourism Planning Board (STPB) to make recommendations concerning expenditures from that account, and

WHEREAS, the Tompkins County Legislature approved an increase in the Room Tax in 2001 to support the development of tourism products and attractions, among other objectives, including the funding of feasibility studies, seed money or funding for tourism capital projects, and

WHEREAS, the STPB also recognizes the need to encourage the development of tourism products and attractions through the Tourism Capital Projects Grant Program, in order to increase the tourism business in the County, and to increase the income from the Room Occupancy tax, and

WHEREAS, the STPB has recommended that Tompkins County Area Development (TCAD) administer the Tourism Capital Projects Grants process that has a program budget of $100,000 for 2006, and

WHEREAS, STPB will be responsible for recommending grants from this program to the appropriate Legislative committee, and TCAD will administer the application process, will review and analyze the feasibility and economic impact of a project, will provide oversight for each project, and provide such analysis with recommendations to the appropriate Legislative committee, 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 an initial agreement with TCAD pertaining to this program,

RESOLVED, further, That, of the total program amount of $100,000, $10,000 (10 percent of program expenditures) shall be paid to TCAD for administrative evaluation and oversight services, 

RESOLVED, further, That the Planning, Development and Environmental Quality Committee or its successor is authorized to recommend expenditures be made from this Program Account, with the understanding that such expenditures shall be subject to the approval by the Tompkins County Legislature.

SEQR ACTION:TYPE II-20

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RESOLUTION NO. 103 - BUDGET ADJUSTMENTS – VARIOUS DEPARTMENTS

MOVED by Mr. Proto, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present under the consent agenda.

WHEREAS, pursuant to Administrative Manual Policy 05-02, budget adjustments exceeding $5,000 require Legislative approval, now therefore be it

RESOLVED, on recommendation of the Health and Human Services and the Planning, Development and Environmental Quality Committees, That the Director of Finance be directed to make the following budget adjustments on his books:

Office for the Aging

Revenue Acct                                                                        TitleAmtApprop AcctTitle

6788.44772Federal Revenue $ 7,1416788.51000559Salary

6788.44772Federal Revenue$ 2,7846788.58800Fringes

6788.44772Federal Revenue$ 3,4876788.52210Office Equipment

6788.44772Federal Revenue$ 1,0006788.54414Local Mileage

6788.44772Federal Revenue$2986788.54303Supplies

6788.44772Federal Revenue$4006788.52230Computer Software

6788.44772Federal Revenue$13,5506788.54400Program Expense

6788.44772Federal Revenue$23,3746788.54491Subcontract

Explanation:Revenue Increase in SPAP Program (Senior Pharmaceutical Assistance Program).

Workforce Development

Revenue Acct                                    TitleAmtApprop AcctTitle

6292.42797Other Government$ 8,0006292.51000049Project Assistants (2)

Contributions

6292.42797Other Government$8006292.58800Fringe Benefits

Contributions

6292.42797Other Government$11,2406292.51000503Clerk Positions (2)

Contributions

6292.42797Other Government$ 4,3846292.58800Fringe Benefits

Contributions

6292.42797Other Government$20,0006292.51000051JTPA Participants

Contributions

6292.42797Other Government$10,0006292.54432Rent

              Contributions

6292.42797Other Government$ 2,0006292.54414Local Mileage

Contributions

6292.42797Other Government$25,0006292.54400Program Expenses

Contributions

6292.42797Other Government$10,0006292.54319Program Supplies

Contributions

Explanation:The Office of Employment and Training is the default program provider for the TANF Summer Youth Program.Positions to support the TANF Summer Youth Employment Program, fringe benefits for project assistants, positions to support the TANF Summer Youth Employment Program, fringe benefits for clerk positions, wages for program participants, rent for youth program, travel to work sites by crew supervisors, increased program expense to operate youth program, increased program supply costs to operate youth program.

Workforce Development

Revenue AcctTitleAmtApprop AcctTitle

6290.44795Federal Aid TANF$29,6826290.54491Subcontracts

6290.44795Federal Aid TANF$2386290.54416             Membership Dues

6290.44795Federal Aid TANF$5006290.54430Printing

6290.44795Federal Aid TANF$5006290.54471Electric

6290.44795Federal Aid TANF$5006290.54472Telephone

6290.44795Federal Aid TANF$1,5006290.54432Rent

6290.44795Federal Aid TANF$1,0006290.54419Program Expense

6290.44795Federal Aid TANF$5006290.54412Travel/Training

6290.44795Federal Aid TANF$5006290.54414Local Mileage

Explanation:Tompkins County’s TANF Summer Youth Employment Program allocation was increased for 2006, these are the additional funds that were not originally budgeted.There is a fifteen percent administrative allocation for the TANF Summer Youth Program.The remaining eighty-five percent will be subcontracted out to serve youth in Tompkins County.The fifteen percent administrative allocation is being distributed to lines where there is a potential shortfall in the 2006 budget.

SEQR ACTION: TYPE II-20

Approval of the Appointment(s) Under the Consent Agenda

It was MOVED by Mr. Proto, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present, to approve the following appointment(s) under the Consent Agenda:

Office for the Aging Advisory Committee

Leroy Wolley - term expires December 31, 2007

Ardith Bennett – term expires December 31, 2007

Thomas William Holton – term expires December 31, 2008

Report from the Personnel Committee

Mr. Dennis, Chair, said he did not have a report.

Report from the Government Operations Committee

Ms. Herrera, Chair, said the Committee will meet tomorrow.The tour of the Assessment Department is being postponed.

Report and Presentation of Resolution(s) from the Public Safety Committee

Mr. Booth, Vice Chair, said he did not have a report.

RESOLUTION NO. 104 – APPROPRIATION FROM CONTINGENT FUND FOR TERMINALPAY – DISTRICT ATTORNEY

MOVED by Mr. Booth, seconded by Mrs. McBean-Clairborne.A short roll call vote resulted as follows:Ayes – 13; Noes – 0; Excused – 2 (Legislators Hattery and Koplinka-Loehr).RESOLUTION ADOPTED.

WHEREAS, the District Attorney had five employees terminate employment: two Assistant District Attorneys, effective December 31, 2005; one Assistant District Attorney, effective January 13, 2006; one Deputy District Attorney, effective December 31, 2005; and one Deputy District Attorney, effective April 14, 2006, and

WHEREAS, the Fiscal Policy of Tompkins County allows for terminal pay replacement from the Contingent Fund, now therefore be it

RESOLVED, on recommendation of the Public Safety and the Budget and Capital Committees, That the Director of Finance is hereby authorized and directed to make the following budget appropriations:

FROM:A1990.54440Contingent Fund$27,090.22

TO:1165.51000228Salary, Assistant District Attorney$11,943.75

1165.51000277Salary, Deputy District Attorney$7,545.62

1165.58800Fringes$7,600.85

TOTAL$27,090.22

SEQR ACTION:TYPE II-20

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RESOLUTION NO. 105 - AUTHORIZATION TO ESTABLISH A USER GROUP TO GOVERNTHE CRIMINAL JUSTICE DATA COMMUNICATIONS SYSTEM

MOVED by Mr. Booth, seconded by Mr. Dennis, and unanimously adopted by voice vote by members present.

WHEREAS, Tompkins County has worked with local criminal justice agencies to establish a countywide information-sharing network, and

WHEREAS, in 2002 criminal justice data sharing was partially accomplished through the creation and operation of the Criminal Justice Data Communications (CJDC) System, maintained by the Tompkins County Information and Technology Services Department, and

WHEREAS, the sole purpose of the CJDC System is to facilitate the electronic sharing of police records, court papers, and similar data that may be retrieved and used for lawful purposes, and

WHEREAS, the CJDC System helps to bridge a critical gap between local law enforcement databases and the New York Statewide Police Information Network (NYSPIN), as well as other state and criminal justice databases, allowing local law enforcement agencies to retrieve information that may be helpful in the protection of local citizens and that may not be available through other sources, including court information that has not been uploaded in NYSPIN –a process that can currently take a month or more, and

WHEREAS, the CJDC System increases communication and collaboration among criminal justice agencies within Tompkins County, while also providing numerous agency-specific administrative and management benefits, and

WHEREAS, Tompkins County is best served by the establishment of a user group, comprised of agencies that participate in criminal justice data sharing in Tompkins County, to govern ongoing operation, maintenance, and expansion of the CJDC System, now therefore be it

RESOLVED, on recommendation of Public Safety Committee, That the Tompkins County Legislature continues to support local criminal justice agencies’ efforts to share data, 

RESOLVED, further, That the County Administrator (or designee) is directed to enter into an agreement with agencies that participate in criminal justice data sharing in Tompkins County for the establishment of a user group to govern the ongoing administration, operation, maintenance, and expansion of the CJDC System.

SEQR ACTION:TYPE II-20

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Report from the Workforce Diversity and Inclusion Committee

Mrs. McBean-Clairborne, Chair, said she did not have a report.

Report from the Health and Human Services Committee

Mr. Proto, Chair, said the Committee met June 7th.Highlights of the meeting include: home health aide discussion--work continues with the Health Planning Council to see what needs to be done; a discussion with regard to nursing needs in Tompkins County; report on Personal Emergency Response System—feedback has been excellent; report from Health Planning Council regarding Tompkins Rx—program being used as template by others.A special Committee meeting is being scheduled for June 29th to discuss the Bolton Point fees.This meeting is likely to be held in executive session; the next regular meeting is July 5.A brief update was given concerning the condition of the Health Department building where there continues to be problems with the new roof.

Report and Presentation of Resolution(s) from the Planning, Development, and Environmental Quality Committee

Ms. Robertson, Chair, said the Committee met June 15th.The Committee received a report from Julia Mattick, Jean McPheeters, and Mike Stamm on funding options for Workforce Development programs.A report was provided on the restructuring of the Flood Hazard Mitigation Program.There was also a preliminary discussion on the resolution adopted by Common Council concerning the IDA's Density Policy and what the County should consider.Planning Department staff was directed to prepare a resolution that would include factors the County could support for consideration at the next Committee meeting.The August 17th meeting has been changed to August 30th.The next regular meeting is July 20th.

RESOLUTION NO. 106 – AWARD OF TOURISM CAPITAL GRANTS FROM ROOM OCCUPANCY TAX FUND

MOVED by Ms. Robertson, seconded by Mr. Booth.Ms. Herrera spoke about historic districts and said this is an appropriate request for a tourism capital grant.She said this would be a nice compliment to the History Center’s walking tour of historic buildings in downtown.A voice vote resulted as follows:Ayes – 13; Noes – 0; Excused – 2 (Legislators Hattery and Koplinka-Loehr).RESOLUTION ADOPTED.

WHEREAS, the Tompkins County Tourism Program includes Tourism Capital grants and Tompkins County Area Development (TCAD) administers the Tourism Capital Grants Process, which includes 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 project with the Strategic Tourism Planning Board (STPB), and the STPB anticipates that the following project will encourage the development of tourism products and attractions in order to improve community assets, increase the tourism business in the County, and to increase the income from the Room Occupancy tax, and the following grant award has 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 this project:
 

Entity

Project

2006 Allocation
The History Center: Eight Square Schoolhouse
Detailed Structural Evaluation
Up to $10,000

SEQR ACTION: TYPEII-20

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Report and Presentation of Resolution(s) from the Facilities and Infrastructure Committee

Mr. Randall, Chair, said he did not have a report.

RESOLUTION NO. 107 - DETERMINATION OF A NEGATIVE DECLARATION OF

ENVIRONMENTAL IMPACT AND AUTHORIZATION TO ISSUE DESIGN AND RIGHT-OF-WAY PLAN APPROVALS – CR 188, STATION ROAD CULVERT REPLACEMENT - PIN 3753.86 

MOVED by Mr. Randall, seconded by Mr. Proto, and unanimously adopted by voice vote by members present,

WHEREAS, Resolution No. 13 of 2005 authorized an agreement between Tompkins County and the New York State Department of Transportation (NYSDOT) to fund the design of a culvert replacement to carry County Road 188, Station Road, over Cayuga Inlet in the Town of Danby, and

WHEREAS, preliminary project design has been developed in conformance with the applicable environmental laws, design standards, and accepted engineering practice; all exceptions to accepted design standards have been thoroughly analyzed and their retention adequately justified; all permits have been identified and will be secured prior to letting; public participation has been encouraged and included in the project development processes; and project costs are reasonable, and

WHEREAS, a Long Environmental Assessment Form has been completed and reviewed in conjunction with determinations made by both NYSDOT and the Federal Highway Administration, said agencies both concurring that the project will have no significant impacts, and

WHEREAS, the project has been reviewed and classified as an "Unlisted Action" under the SEQRA (State Environmental Quality Review Act), as defined by the underlying regulations of Article 8 of the Environmental Conservation Law of the State of New York, and as a "NEPA (National Environmental Policy Act) Categorical Exclusion", and

WHEREAS, in accordance with applicable Federal regulations and guidelines a Right-of-Way Plan has been prepared that indicates that acquisition of approximately three (3) parcels (one fee ‘taking’ and two permanent easements) is necessary, but that the individual and cumulative impacts of right-of-way acquisition are considered total de minimus in nature, and

WHEREAS, completion of all procedural requirements needed prior to project design approval and Right-of-Way Plan approval have been certified by the design consultant and approved by the County Highway Manager, now therefore be it

RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the Tompkins County Legislature, having reviewed project materials provided, hereby determines that this project is an Unlisted SEQRA action and that the action will not have a significant negative impact on the environment, requiring no further environmental review,

RESOLVED, further, That the Tompkins County Legislature hereby issues a "Negative Declaration of Environmental Significance" in accordance with SEQRA for this project,

RESOLVED, further, That the Chair of the Tompkins County Legislature or designee be and hereby is authorized to execute documents granting Design Approval whereby completion of the project final design shall be authorized, 

RESOLVED, further, That the Chair of the Tompkins County Legislature or designee be and hereby is authorized to execute documents granting approval of the Right-of-Way Plan for the referenced project.

SEQR ACTION: UNLISTED(No further action required) 

(EAF on file with Clerk of the Legislature)

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Approval of Minutes

It was MOVED by Mr. Booth, seconded by Mr. Stevenson, and unanimously adopted by voice vote by members present, to approve the minutes of the June 6, 2006 meeting as submitted.MINUTES APPROVED.

Adjournment

The meeting adjourned at 8:12 p.m.


 

 

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