Chair 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: 15 Legislators.
Proclamation
Mr. Joseph presented the following proclamations:
· Community Dispute Resolution Center Month - September 2003,
to Judy Saul, Executive Director, who thanked the Legislature and extended
an invitation to the Twentieth Anniversary Celebration to be held on September
18, 2003.
· Sheriff's Week in Tompkins County - September 14 - 20, 2003,
to Sheriff Meskill, who also thanked the County Legislature.
Privilege of the Floor by the Public
Ron Flynn, Brian Wilbur, and Kenneth Lansing, representing emergency service personnel within the County, read the following statement:
"Honorable members of the legislature:
"Eight months ago, the stark reality of the January 3-4, 2003 storm, a storm that hit us all right between the eyes is still fresh. The recent rash of storms and power outages in 2003 reminded us yet again just how fragile and vulnerable to catastrophic failure the county’s emergency communications system really is.
"In the time that has passed, the Tompkins County Public Safety Community
has been considering the impact of this situation and the fixes required
right now to insure continued communications capability.
"The current system was built on a shoestring. Tompkins County
has never invested the monies that an emergency communications system warrants.
Although this allowed a system to be built for less, the current result
is that the safety of emergency responders and the public we serve is at
great risk.
"In the meantime, reliance on SWN to bail out the county in fulfilling its promise to its first responders has fallen far short. This effort may never bear fruit. Should it ever actually come together, the partnering, design, vendor selection, and construction process will likely result in no system until at least 2009.
"While we waited, assured of the County's unwavering commitment, many agencies have found themselves with inventories of aging and failing user equipment, and frustration has built to extreme levels. The accumulated risks are too great. The justification for the full solution is no less urgent than it ever was, and we must now demand that the Public Safety Communication System be approved and implemented immediately. Continuing efforts to delay, for whatever reason, are extremely troubling to all of us.
"If the overall project must lag, then a short-term action plan to stabilize and improve the system must be implemented immediately. This plan must result in:
1. A new paging system, with towers constructed as necessary; and
2. A new 6 and 11 GHz digital microwave backbone; and
3. An enhanced system with better radio coverage county wide and which
is stable; and
4. Full restoration of MDT & GPS services; and
5. Improved reliability of key system components, such as emergency
generators for tower sites and security for tower transmitter buildings.
"The self-imposed deadline of June 30, 2003, for a meaningful commitment from the Statewide Wireless Network, which was established by COMCAP this Spring, has come and gone. Despite extremely difficult budget times, there can be no further delays or excuses for not moving now to build out a new paging system and upgrade the infrastructure.
"For the sake of the lives of the citizens of Tompkins County, and of each and every first responder, we call upon the Tompkins County Legislature to act this year to appropriate the necessary funds and approve the work to accomplish the interim steps outlined above.
"Additionally, County public safety agencies cannot wait for the Statewide Wireless Network. The inability to communicate during any period of high activity is so acute that Tompkins County must move forward with plans to upgrade the communications system as a whole. There are too many weak links in the public safety chain to survive the risk!
"This letter is endorsed and signed by the agencies and organizations listed on the next page. This represents each local Fire, EMS, and Police agency in the county."
Joseph Daino, of Ithaca, said he wished to amend a statement made at the Public Hearing regarding a proposed local law - Authorizing Tompkins County to Join the Catskill Region Off-Track Betting Corporation, specifically that bookies for horse racing would be eliminated if the resolution were approved. He noted there is a big horse industry in New York Stat, horse breeding is an important part. The previous two times petitions were passed for referendums they claimed criminals would be attracted by Off-Track betting. This has been proven falso. They also said the County didn't need the money; this was short sighted. He said 65 percent of people who go to races if for entertainment at an average cost per visit of $15, 8 - 10 percent of patrons at race tracks are professionals.
Herbert Engman, Town of Ithaca resident, spoke in opposition of the resolution - Authorizing Tompkins County to Join the Catskill Region Off-Track Betting Corporation. He said he does not care if people gamble but feels it is not the government's role to encourage it. Furthermore, he feels the industry is low-paying and animals should not be whipped by the riders.
David McElrath, City of Ithaca, spoke in opposition to the resolution - Authorizing Tompkins County to Join the Catskill Region Off-Track Betting Corporation, stating he feels it further takes away from individuals with low-income as well as providing a convenience for individuals addicted to gambling.
Fay Gougakis, City of Ithaca, stated she was disappointed by the lack of action in the Town of Lansing regarding a resolution to prohibit jet ski activity on Cayuga Lake and feels it is up to the County and the City of Ithaca to take action. In addition, Ms. Gougakis expressed her desire to have local radio station on the air in the event of an emergency, noting that during the recent blackout her battery-operated radio noting that during the recent help because WHCU was off the air. She also and commented on the increase in crime.
Mike McLaughlin, Representative of the Recreation Partnership and Newfield resident, spoke in favor of Resolution No. i - Re-Affirmation of County Membership in the Recreation Partnership. He feels while there is a need to tighten belts, the youth programs save lives and money in the future, that many youth could be incarcerated due to the lack of supervision and recreational programs help to avoid this situation. He noted having Tompkins County as a member is important; the Partnership is a fragile group, but the intermunicipal sharing is a good model.
Nancy Potter, Ithaca resident, requested a delay on the resolution - Authorizing Tompkins County to Join the Catskill Region Off-Track Betting Corporation, stating she feels more time is needed for public input.
William Highland, resident, spoke in opposition of the resolution - Authorizing Tompkins County to Join the Catskill Region Off-Track Betting Corporation, feels that if one desires to bet on horses it should be done at the race track.
Frank Shipe, resident, spoke in support of postponing the resolution - Authorizing Tompkins County to Join the Catskill Region Off-Track Betting Corporation and inquired how much the return on the investment would be.
Privilege of the Floor by Legislators
Ms. Kiefer , District No. 10 Legislator, spoke of a pending bill in the House of Representatives (HR2989) that has the potential of shutting down Amtrak and reducing or eliminating enhancement and transit funding. She expressed a desire to send a letter to defeat the portions of the bill related to these topics. The Legislature indicated it would be acceptable and Mr. Joseph requested Ms. Kiefer to draft the letter.
Ms. Robertson, District No. 13 Legislator, expressed her appreciation of the article appearing in The Ithaca Journal regarding affordable housing. She reported on upcoming events: Community Dispute Resolution Center's 20th Anniversary Celebration; Alcohol and Drug Council's Annual Dinner; and the Red Cross annual meeting.
Mr. Lane, District No. 14 Legislator, spoke of the recent storm this past week that severely damaged McLean, noting the tremendous effort put forth by emergency personnel. He feels it is important to deal with upgrading emergency communications and urged the County to move ahead with the projects.
Mr. Booth, District No. 3 Legislator, expressed thanks to Ms. Gougakis for bringing up the issue of an appropriate radio station in the event of an emergency. He feels it needs to be clearly specified to the public what radio station to turn to in order to receive appropriate information.
Mr. Totman, District No. 9 Legislator, said many do not realize the dedication of the many emergency responder volunteers and said roads in the McLean area were covered by volunteers for approximately sixteen hours during the emergency. He thanked the many volunteers for their efforts.
Ms. Robertson inquired what the status of local radio coverage in an emergency was. Ms. Skinner, Public Information Officer, said she had conversations with local radio stations recently; only WICB, the Ithaca College station, has a backup generator as a result of a recent weather service grant. Mr. Lane suggested local radio station owners/operators be contacted to discuss the matter. Mr. Whicher, County Administrator, said generators that were previously used in the Old Library and Old Jail may be available for this purpose. Mr. Joseph commented the Public Safety Committee will continue to look into this.
Presentation of Resolution(s) from the Budget and Capital Committee
RESOLUTION NO. 181- JOINING THE CATSKILL REGION OFF-TRACK BETTING CORPORATION
MOVED by Mr. Penniman, seconded by Mr. Totman. Mr. Penniman feels the resolution was not rushed, a great deal of information was received over a three-month period, and a public hearing was held and he feels it is appropriate to put this resolution to a vote.
Mr. Proto said that horses urged with a riding crop are not abused and feels it is important to erase any negative picture from minds.
Mr. Lane said hard cases make bad law and expressed his belief that it is not an appropriate time to bring the matter forward.
It was MOVED by Mr. Lane, seconded by Ms. Herrera, to table the resolution. Chair Joseph indicated no further discussion could take place on this motion. A voice vote on the motion resulted as follows: Ayes - 4 (Legislators Herrera, Lane, McBean, and Winch), Noes - 11 (Legislators Blanchard, Booth, Joseph, Kiefer, Koplinka-Loehr, Penniman, Proto, Robertson, Schuler, Todd, and Totman). MOTION FAILED.
Mr. Penniman said he will support the Resolution as he feels that unlike previous times the issue came up there are numerous games of chance accessible and he does not feel it would be overly attractive to individuals not able to afford gambling and would be more of a recreational activity.
Ms. McBean stated she had reservations to act on the resolution, stating she felt more public input should occur.
Ms. Kiefer feels the public would have the opportunity to express their desires by referendum. She feels that as previously stated by Mr. Penniman unlike prior resolutions regarding Off-Track Betting, many more games of chance are readily available. In addition, Ms. Kiefer said she personally went to an Off-Track Betting facility recently to obtain first-hand information and found it patronized by older males who seemed knowledgeable about the details of horse performance; she noted that approximately one-half of the income from the Cortland County Off-Track Betting facility is believed to come from Tompkins County residents.
Mr. Winch expressed opposition to the resolution, saying he feels gambling is a devastating and possibly addicting activity. He feels it does not legislate morality and is concerned for residents who can ill-afford losing money through gambling.
Mr. Joseph said he is not opposed to horse racing or gambling, but is opposed to government operating it. He said he does not feel it is any different than selling tobacco and alcohol, that it should be legally regulated, taxed, but not to be used in trade for funds.
Ms. Herrera said she has studied the issue and is not willing to support the resolution. She then read excerpts from the following letters submitted to her by constituents:
"Greetings:
We all value the quality of life we enjoy in Tompkins County.
Previous opposition to establishing an Off Track Betting location here
has reflected a majority opinion that such a plan would not be of an economic
benefit to us in proportion to the negative forces that it introduces among
us.
I believe that you underestimate the taxpayers of our county if you
believe that the modest savings in taxes that OTB might trigger would be
enough to have us sacrifice life quality as relates to all of the demonstrated
problems that the introduction of OTB sets in motion. I am referring
to issues relating to compulsive gambling, crime, family issues, and the
introduction of a process that produces nothing of value for us and yet
siphons off cash out of proportion to any return to our people.
Unfortunately a prior commitment makes it impossible for me to attend
the Sept 2nd meeting. I'm sure that there will be folk there who
will express their desire that you not pass this resolution and thus force
us to go to a referendum. It might be helpful to you to get a better
feel for how the majority feels on this issue if the vote on Tuesday night
could be postponed so that you might have another hearing on this issue.
Unfortunately the hearing in mid-August was held at a time when many of
our citizens were in a summer mode and not conscious that this issue would
be voted on so soon after Labor Day.
Thank you for listening.
Sincerely
Robert J. McCune"
1122 Coddington Rd.
Ithaca, NY.
From Dick and Marylou Tinney:
"We are writing to express our opposition. We worked vigorously to oppose it in 1992 and will do so again. The unknown monetary rewards for the County for such an endeavor certainly do not equate with the problems that a program like this can bring to our community. We already have enough opportunities for people to foolishly use their finances in hopes of striking it rich. One more will not be beneficial to anyone. We believe it is not only an issue of economics but a health issue as well. Have you considered the potential cost to the County as well as to individuals for counseling, for broken families, addiction, bankruptcy, and crime. These are all possible results to persons spending money needed for a more productive life.
"We suggest that you, as County Legislators, save your time and energy to work on issues that already exist in our County instead of pursuing ones that have a potential for further problems. We believe that the voters of Tompkins County will once again say no to this proposal and we intend to make every effort to see that they do.
A MOTION was made by Ms. Herrera, seconded by Mr. Lane, to postpone this matter until October 21, 2003. Ms. Blanchard spoke against the motion, stating a vote should be taken. Mr. Totman, Mr. Penniman, and Ms. Robertson noted they were against postponing the vote on the resolution. Ms. Robertson requested clarification of the procedure to follow for individuals opposing Off-Track Betting.
Mr. Wood, County Attorney, explained the process and said that once the resolution is adopted by members of the Legislature there is a 45-day period for individuals to obtain the appropriate number of signatures (ten percent of the number of County voters who participated in the last Gubernatorial election, with this percentage being 2,819), after which a referendum vote will take place. The referendum vote is required to be at the next general election if the next election falls within sixty days of the filing of the petition. If it is not within this time period of sixty days it shall take place the following year unless a special election is called for by the Legislature.
A voice vote on the Motion to Postpone resulted as follows: Ayes - 5 (Legislators Herrera, Joseph, Lane, McBean, and Winch), Noes - 10 (Legislators Blanchard, Booth, Kiefer, Koplinka-Loehr, Penniman, Proto, Robertson, Schuler, Todd, and Totman). MOTION FAILED.
A roll call vote on the resolution resulted as follows:
Ayes - 8 (Legislators Blanchard, Booth, Kiefer, Penniman, Proto, Schuler,
Todd, and Totman), Noes - 7 (Legislators Herrera, Joseph, Koplinka-Loehr,
Lane, McBean, Robertson, and Winch). RESOLUTION CARRIED.
WHEREAS, Chapter 865 of the Laws of 1982, as amended, authorizes
the establishment of regional off-track betting corporations to conduct
systems of off-track pari-mutuel betting on horse races, and
WHEREAS, the State Legislature has prescribed that off-track
pari-mutuel betting on horse races, conducted as regulated by the State
of New York, shall be lawful, and
WHEREAS, the County of Tompkins falls within the jurisdiction
of the Catskill Region Off-Track Betting Corporation, and
WHEREAS, pursuant to Section 502 of the Racing, Pari-Mutuel Wagering
and Breeding Law, the County of Tompkins may elect to join the Regional
Off-Track Betting (OTB) Corporation by enacting enabling legislation subject
to a permissive referendum pursuant to Municipal Home Rule Law, and
WHEREAS, conservative estimates indicate that establishing an OTB site
in Tompkins County would provide annual county revenue of approximately
$100,000 in the first year and $200,000 - $300,000 per year thereafter,
and
WHEREAS, placing bets on horse races is a fairly specialized form of
gambling, and
WHEREAS, at present an unknown but substantial number of Tompkins County
residents pursue this form of recreation by traveling to neighboring counties
such as Cortland, Cayuga, Tioga, and Broome, all of which have OTB facilities,
and all of which thereby benefit from the betting revenues provided by
Tompkins County residents that would otherwise come to Tompkins County,
and
WHEREAS, the County Legislature does not desire to promote gambling,
but rather simply receive its share of revenue from the existing OTB Corporation,
and
WHEREAS, there are many other already-existing and easily accessed
games of chance and gambling promoted by New York State, such as bingo,
charity raffles, Quick Draw, New York State Lotto, Pick 10, Take 5, midday
and evening WinFour, midday and evening numbers (pick 3), scratch-off cards
with many different "games", and multi-state Mega Millions - all of which
are readily available throughout Tompkins County, and
WHEREAS, given this multiplicity of state-promoted legal opportunities
to gamble, none of which provide direct revenue to Tompkins County, and
WHEREAS, a public hearing was held before the Tompkins County Legislature
on August 19, 2003, to hear all persons interested in the subject matter,
now therefore be it
RESOLVED, on recommendation of the Budget and Capital Committee, That
the Tompkins County Legislature, on behalf of the County of Tompkins, does
hereby elect to join the Catskill Region Off-Track Betting Corporation,
pursuant to Chapter 865 of the Law of 1982, as amended,
RESOLVED, further, That a duly certified copy of this resolution be
filed with the Board of Directors of the Catskill Region Off-Track Betting
Corporation, the Secretary of State, and the County Clerk of Tompkins County.
SEQR ACTION: TYPE II-20
Presentation of Resolution(s) from the Health and Human Services Committee
RESOLUTION NO. 182 - RE-AFFIRMATION OF COUNTY MEMBERSHIP IN THE RECREATION PARTNERSHIP
MOVED by Ms. Robertson, seconded by Mrs. Schuler. Ms. Robertson feels there is a need to stay in the Recreation Partnership at this time, stating it is part of a critically-needed continuum of services for young peope and that it is essential to be a part of it. She reported that if the County were to pull out of the Partnership there is still an obligation under the agreement to give fifteen month's notice and to pay the 2004 membership. Ms. Robertson then spoke of the other partners' willingness to gcontribute additional funds in order to make up for the County's cut of funding for the Recreation Partnership.
Mr. Koplinka-Loehr said he voted against the resolution at the Committee level, but would vote favorably on the resolution presented as it removed language relating to a specific dollar amount of contribution.
Mr. Totman asked about the Town of Groton's participation in the Recreation Partnership, noting the majority of programs were not easily accessed by youth in that community. Ms. Zahler, Youth Services Director responded, indicating that the Town's contribution to the Partnership was based on the level of participation of youth and was nominal. She said that all youth are eligible to participate in the programs provided.
Mr. Booth acknowledged the presence of Alan Green, the new Director of the Ithaca Youth Bureau, and said he hopes all continue to recognize the it is not the financial cost of the program that is a concern but the need to maintain facilities.
Mr. Winch said he has supported the Partnership in the past but is concerned at this time. He does not feel the budget difficulties will be resolved in 2005.
Mr. Penniman expressed concern with phasing out the Partnership and shifting it to towns. He noted it is a successful partnership and there is a desire to preserve it.
Ms. McBean stated she hoped the County would take the initiative of those in the State to recognize the importance of youth services. She feels the need to have services for children after school and need to make a commitment as long as needed, and hopes for a favorable vote on the resolution.
Mr. Todd spoke of the Lansing Recreation program, noting the program is very successful without involvement at the County level. He believes that a town or city should be in charge of these programs and that the County should remove themselves from the Partnership.
A voice vote on the resolution resulted as follows: Ayes - 12 (Legislators Blanchard, Booth, Herrera, Joseph, Kiefer, Koplinka-Loehr, Lane, McBean, Penniman, Proto, Robertson, and Schuler), Noes - 3 (Legislators Todd, Totman, and Winch). RESOLUTION ADOPTED.
WHEREAS, the Tompkins County Legislature agreed in 2000 to become a
member of the Intermunicipal Recreation Partnership along with ten other
municipalities including the City of Ithaca, the Village of Lansing, and
all towns except Lansing, and
WHEREAS, the County formalized its membership in 2002 when it voted
to sign a five year, renewable Intermunicipal Recreation Partnership Agreement,
and
WHEREAS, the County’s decision in 2002 to approve $9,528 of its $47,638
contribution for 2003 on a one-time basis only, raised the policy question
about whether the County should continue to be a full member of the Partnership,
and
WHEREAS, the terms of the Intermunicipal Recreation Partnership Agreement
require any member wishing to withdraw to give formal notice to the other
partners fifteen months in advance so the remaining partners have time
to plan for that change, and
WHEREAS, any change on the County’s part would need to be decided by
October 1, 2003, in order to take effect January 1, 2005, and
WHEREAS, the County requested that the cost-sharing formula be changed
to reflect a twenty percent reduction in monetary contribution for 2004,
along with a continued commitment of at least $9,528 in in-kind staff support
to the Recreation Partnership Board, and
WHEREAS, the other Partners understood the County’s difficult financial
situation and agreed to reduce the County’s contribution for 2004 to $38,110
and to increase their shares to offset the County’s $9,528 reduction, and
WHEREAS, the municipal representatives that attended the August 6,
2003, Health and Human Services Committee meeting urged the County to continue
their participation in this exceptionally successful model of inter-municipal
collaboration that provides affordable after-school and summer opportunities
to more than 4,000 different youth from all municipalities, now therefore
be it
RESOLVED, on recommendation of the Health and Human Services Committee,
That the County reaffirms its intent to continue as a member in the Recreation
Partnership,
SEQR ACTION: TYPE II-20
Report from the Budget and Capital Committee
Mr. Penniman, Chair, reported that the Committee met on August 26, 2003 and discussed securitization of the remaining tobacco revenue. A report outlining the costs and benefits was received and following a discussion no action was taken at this time as the potential revenue amount was in question. Mr. Penniman then spoke of the mandates within the budget and the need for consistency of definition, explaining Class A mandates are direct payments for expenses such as Medicaid, and others are for work needing to be performed such as staff to process the mandates. Mr. Penniman spoke of the budget reviews at Committee level beginning during the week.
Presentation "Department of Social Services Mandates: What's Driving the Increases?"
The following presentation was made by Mary Pat Dolan, Commissioner of Social Services:
What are the DSS Mandates?
They are payments made directly to eligible individuals, or payments
to vendors on behalf of eligible individuals that the county is required
to make by Federal & State law.
They fall into three broad categories:
Economic Assistance
Family Assistance
Day Care
Safety Net Assistance
Home Energy Assistance (HEAP)
Emergency Aid to Adults (EAA)
Services to At-Risk Children and Families
Adult Family Homes
Foster Care
Juvenile Delinquent Care
State Training Schools
Medical Assistance
Medicaid – Local
Medicaid – MMIS
"Family Assistance is the Federally mandated cash-assistance program supported by the Temporary Assistance to Needy Families (TANF) block grant.
2003 Budget Local cost 2003 Projected Expense 2004 Budget Request
Local Cost
$3,700,000 $562,506 $4,607,778 $4,660,616 $1,608,504
"Driving the appropriation increase is a current 7.8% caseload increase
that we are budgeting flat for next year. Driving the increase in local
cost is the impact of the TANF/EAF foster care swap – a mechanism for paying
and claiming certain child welfare/foster care expenses from this budget
line that has positive budgetary results for the state but negative budgetary
results for local social services districts & the county.
"Not budgeted is a just-announced increase in the Shelter Allowance Schedule for most recipients of cash assistance in NYS. Also tied to Family Assistance is the risk that NYS has created by committing its entire TANF grant for this FFY, with no reserve to maintain the 50% level of federal financial support to counties for FA cases, if statewide caseloads rise to a greater degree than has been anticipated.
"The Family Assistance program provides subsistence level living support to ~ 950 persons in just under 400 cases in the county. 70% of the recipients are children.
"It supports our CAP/TOP welfare programs currently serving 80 households in which the adult members of the household are employed & use the case management assistance DSS supplies to move more quickly to self-sufficiency.
" “Paula” is a CAP success story. She is the mother of three children who had been on assistance for 3+ years when she joined CAP. She was someone with a 9th grade education who’d worked and lost a series of minimum wage jobs but used what this program offers to become a person with a full time 40 hr/week job, a driver’s license, an increase in her child support income & connections to local agencies for her children and to the Workforce NY Career center for herself. “Paula” has not returned to cash assistance since her CAP graduation.
"Of the 136 graduates of the CAP Program, only five have returned to Temporary Assistance
Day Care supports child care for working parents, both those receiving cash assistance and for working low-income parents.
2003 Budget Local cost 2003 Projected Expense 2004 Budget Request
Local Cost
$1,700,030 $136,000 $1,604,248 $1,744,656 $139,572
"It is still possible to find a little bit of “good news” in the DSS budget and this is it. The department currently supports almost 500 children on a monthly basis with these funds & there continues to be a small – approximately 8% - local share. Since Tom Herden, DSS’ Director of Administrative Services, reported to the Budget committee a few weeks ago, we have received our new day care allocation. Our new allocation is very generous and will allow us to enthusiastically respond to the Early Education Partnership’s upcoming outreach to low-income workers without fear of running out of funds and having to create “waitlists”. We will also have sufficient funds to support the modernization of our internal processes that, when perfected, will bring significant efficiencies to our operations and we believe, will greatly improve many providers’ cash flow.
"Safety Net assistance is the State/Local cash assistance program that supports primarily single individuals and the families with children whose parents have exceeded the 5-year TANF time limit.
2003 Budget Local cost 2003 Projected Expense 2004 Budget Request
Local Cost
$1,900,343 $950,171 $2,058,765 $2,031,952 $885,705
"Driving the increases in Safety Net Assistance is a current 17% increase in caseload which we have budgeted flat for 2004. An increasing majority of Safety Net recipients have significant drug/alcohol problems. This is part of a continuing shift precipitated by the Federal decision to deny Supplemental Security Income to individuals whose primary disability is a substance abuse problem.
"We have also seen dramatic increases in expense for Emergency Housing. This increase affects both Family & Safety Net assistance, but Safety Net to a greater degree. We expect that our total annual expense for emergency housing will be in excess of $800,000.
"In 2002, there were 13,981 bednights of emergency shelter. The majority of all emergency shelter bednights are paid by the department. This was 2,112 or nearly 18% bednights higher than 2001. For the first 7 months of this year, the community has supplied 9,224 bednights of emergency shelter – on track to another 13% increase.
"Because of the increasing volume and cost, we initiated a funders review last year in conjunction with the Red Cross, the Human Services Coalition, and Mental Health, along with significant assistance from the Planning Department. It informed us that there were ~11% more individuals using emergency shelter and that they were staying longer. This condition is exacerbated by the continuing housing problems in the community, particularly for special or challenging populations. This situation has been explored in great detail by the Health and Human Services Committee.
"Foster Care supports payments to foster family homes, group homes and residential child caring institutions for those approximately 114 children in the custody of the commissioner. It also supports Adoption Subsidy payments to 220 children formerly in foster care, who now have permanence and families of their own. All of these children were once in foster care & these payments mirror the foster care payment schedule.
2003 Budget Local cost 2003 Projected Expense 2004 Budget Request
Local Cost
$3,744,000 $1,856,801 $4,242,187 $4,268,530 $2,135,738
"There are several factors impacting the increase in the cost of foster care. The state has limited its responsibility for foster care expense via the “Foster Care Cap.” Were it not for this cap, the state share of these expenses would be nearly $1.2 million dollars higher.
"A comparison of January to June payments for 2002 and 2003 shows an increase of almost $200,000 for youth categorized as JD/PINS in this year. According to DSS Director of Services Maryanne Banks, nearly 50% of our foster care population now has a JD or PINS designation. Our institutional numbers are up, reflecting the difficulties faced by these youth. However the $200,000 increase is in payments to foster homes. While that is a major increase, it demonstrates that we are doing a good job of finding community solutions in conjunction with not-for-profit partners such as Liberty Resources MST, Family and Children’s Services, and the Youth Advocates Program. The family foster care payment schedule is tracked to the level of difficulty and age, so payments for these older, more challenging children will be higher. However, even at the highest level of community foster care (~$1500/month + clothing), the cost of a community placement compares very favorably to the ~$5,500/month for an institutional placement.
"In the first six months of ’03, 13% of foster care payments were made to institutions where DSS was the placing entity; 24% of payments were made to foster homes; 51% were adoption subsidy payments and 12% were payments to institutions where the school Committee on Special Education (CSE) was the placing entity and DSS pays the bill.
"The youth & their families who come to us almost always face multiple challenges. Creating a plan with them that will make things better takes creativity and doggedness. I was recently talking with Maryanne about several youth and families for whom we are working on new alternatives. As is always the case, I was incredibly moved not by how “bad” they are but how strong and resilient these kids are, and how many of them have families that may look terribly flawed to an outsider, but are people who remain optimistic and willing to try new options despite lifetime struggles with issues of loss and abandonment, ill health, domestic violence, mental health and substance abuse and poverty. There are heroes in lots of unlikely places if we are willing to look.
"Medicaid is the program that supports access to Medical Care for persons determined eligible. This includes people on cash assistance and all those eligible for the many & growing subsets of programs under the Medicaid umbrella.
2003 Budget Local cost 2003 Projected Expense 2004 Budget Request
Local Cost
$10,848,000 $7,648,000 $10,606,865 $12,177,585 $9,867,494
"We have previously looked at the Medicaid program with the Legislature. Continuing program/caseload growth and program refinancing initiated by NYS that brought federal dollars into just the state coffers for programs that were previously financed by the state, (this is generally in the programs overseen by the Mental Health and OMRDD systems,) are the main reasons for the increase in the Medicaid program. These factors are continuing and are the reasons we have budgeted for a 18.5% program increase for 2004. As Tom Herden also reported to the Budget Committee, the proposal contained in this year’s state budget to cap Overburden Aid, if enacted, will be an incredibly costly one for every county and will exponentially increase local costs. Charts that have been included in your packets show the areas within the Medicaid program and their relative expense over the past three years. We have also included a chart that shows the relationship between the local cost of the Medicaid program and overburden aid from 1988 to the present.
"When the many complexities of the Department of Social Services are peeled away our core business is to:
a) Provide safe options for children and adults who are at risk from abuse, neglect, or who cannot take care of themselves;
b) Assist people in meeting their basic needs for food, shelter and access to medical care; and
c) Assist people in moving toward self-sufficiency.
"The “A-Mandate” programs that have just been discussed are the vehicles that support those activities for the 10,000 – 15,000 Tompkins County citizens who look to DSS for help.
"Thank you very much."
Report from Municipal Official(s)
There was no report from Municipal Officials.
Chair's Report
Mr. Joseph, Chair, said he had no report.
Recess
Mr. Joseph declared recess at 7:35 p.m. to 7:50 p.m.
County Administrator's Report
Mr. Whicher, County Administrator, reported he prepared the five percent tax increase scenario, noting it reflected a 5.6 percent reduction of local spending with more than $7.2 million in program cuts, including 84 positions. He noted that in some areas such as public safety and facilities the spending was more than the 2004 base budget. With regard to reductions in the budget, Departments reporting to the Health and Human Safety Committee and outside agencies were reduced more than other areas. He then spoke of the inability to recover total salaries and fringes for positions eliminated due to contractual obligations and unemployment benefits paid out. When asked if the five percent options provide information on flexibility in a program where services may be covered by the State, Mr. Whicher responded that although there are areas where this may occur, the public may not best be served. For example, by elimination of Road Patrol positions since the response time afforded by State Police may be lengthy due to coverage area, or the elimination of the Environmental Health Division which would cause delays in septic inspections, reduced inspections of food service establishments, etc.
Questions raised by the Legislature regarding monies budgeted for eliminated positions was responded to by Mr. Whicher, noting the contractual obligations combined with unemployment costs for lay-offs. He explained that the average calculation for this figure is fifty percent of the individual salary and that the full savings to the County would not occur until the second year of the lay-off.
A request was made by Mr. Booth to provide the Legislators with a chart indicating all local-share funding, including mandates, to enable a more thorough analysis.
County Attorney's Report
Mr. Wood, County Attorney, did not have a report.
Director of Finance's Report
Mr. Squires reported that the bonding issues of $2.2 million for
the interconnectivity project and $800,000 for the equipment and modifications
to the Public Safety Building will take place on September 9, 2003.
He expects interest rates of less than one percent. He said that
although a financial report from Moody's on the State of New York Counties
is forthcoming with information indicative of the only favorable counties
being Saratoga and Putnam, it is anticipated that the bonding issue will
have an interest rate under one percent. This issue will be renewed
in March 2004.
Mr. Proto commented on the Pinnacle's property stating payment
by Cornell still has not been made on the property.
Addition of Resolution(s) to the Agenda
On motion of the appropriate committee chair, and duly seconded, and unanimously adopted by voice vote by members present, the following resolution was added to the agenda:
· Authorizing Acceptance of a Federal Aviation Administration (FAA) Grant to Relocate Airfield Lighting Equipment (Phase 1); Perform Aircraft Rescue and Fire Fighting (ARFF) Building Door Modifications (Phase 1); Engineering Design for the Rehabilitation of the Transient Ramp; Perform an Obstruction Study; Purchase a Rapid Response Vehicle; Purchase an Aircraft Rescue and Fire Fighting Vehicle (ARFF) - Ithaca Tompkins Regional Airport
Withdrawal of Resolution(s) from the Agenda
There were no resolutions withdrawn from the agenda at this time; however, the resolution adopting the revised Rules of the County Legislature and Function of Committees was withdrawn later in the meeting.
Approval of Resolution(s) and Appointment(s) Under the Consent Agenda
MOVED by Ms. Blanchard, seconded by Ms. Herrera, and unanimously adopted by voice vote by members present, to approve the following resolutions under the Consent Agenda.
RESOLUTION NO. 183 - AUTHORIZING AN AGREEMENT WITH THE TRANSPORTATION SECURITY ADMINISTRATION (TSA) TO PROVIDE A LAW ENFORCEMENT PRESENCE AT THE ITHACA TOMPKINS REGIONAL AIRPORT
MOVED by Ms. Blanchard, seconded by Ms. Herrera, and unanimously
adopted by voice vote by members present, under the Consent Agenda.
WHEREAS, Resolution No. 85 of 2002 authorized an agreement with
the Transportation Security Administration (TSA) for local Law Enforcement
Officers (LEOs) to staff the security screening point for all pre-departure
screening activity and patrol for airport security, and
WHEREAS, law enforcement was temporarily provided until the TSA
cancelled the agreement, and
WHEREAS, the TSA now wishes to reinstate reimbursement for said services,
and
WHEREAS, consideration was given to providing this service with
both State Police personnel and with Tompkins County Sheriff’s Office personnel,
and
WHEREAS, it was determined that the Sheriff’s Office option was more
cost-effective, and
WHEREAS, three deputy sheriff positions dedicated to airport
security already exist within the Sheriff's Office budget as authorized
by Resolution No. 113 of 2002, and
WHEREAS, a proposed reimbursement agreement and supporting documentation
indicate that the TSA will provide reimbursement for the costs associated
with providing LEO coverage, and
WHEREAS, since the airport is owned by the County of Tompkins, it is
deemed desirable to meet this commitment with the Tompkins County Sheriff’s
Deputies, and
WHEREAS, since this is a TSA homeland security measure designed to
protect passengers traveling on scheduled airline service from the airport
terminal, it is considered appropriate that the airport should stand as
guarantor for these costs in the event that reimbursement is delayed or
not forthcoming, now therefore be it
RESOLVED, on recommendation of the Facilities and Infrastructure and
Public Safety Committees, That the agreement with the TSA be approved for
a term of September 1, 2003 through September 30, 2007, providing for reimbursement
of $15,360 for the balance of Federal fiscal year 2003, $193,013.76 for
fiscal year 2004, $198,268 for fiscal year 2005, $204,224.80 for fiscal
year 2006, and $210,356.80 for fiscal year 2007, and that the County Administrator
be and hereby is authorized to execute said agreement with the TSA,
RESOLVED, further, That the Sheriff agrees to maintain a separate
detail log for all security services at the Airport, including, but not
limited to: employee name, hourly rate, date of service, and hours
of service.
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RESOLUTION NO. 184 - AUTHORIZATION TO INCREASE BACKGROUND CHECK FEES -TOMPKINS COUNTY SHERIFF’S OFFICE
MOVED by Ms. Blanchard, seconded by Ms. Herrera, and unanimously
adopted by voice vote by members present, under the Consent Agenda.
WHEREAS, the Tompkins County Sheriff’s Office provides a public service
in the form of background criminal and incident records checks for employers,
agencies, and individuals, and
WHEREAS, the Records Division on average completes 2,000 requests per
year, and
WHEREAS, the $5.00 fee for the service that is charged to other than
not-for-profit agencies has not increased in over ten (10) years, and
WHEREAS, the current cost of conducting the research exceeds the fee
currently charged, now therefore be it
RESOLVED, on recommendation of the Public Safety and Budget and Capital
Committees, That the Tompkins County Sheriff’s Office Records Division
fee be increased to $10.00 per individual request, effective immediately.
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RESOLUTION NO. 185 - AWARD OF BID - AIRCRAFT RESCUE AND FIRE FIGHTING (ARFF) VEHICLE - ITHACA TOMPKINS REGIONAL AIRPORT
MOVED by Ms. Blanchard, seconded by Ms. Herrera, and unanimously
adopted by voice vote by members present, under the Consent Agenda.
WHEREAS, the Finance Department has duly advertised for bids
to purchase an Aircraft Rescue and Fire Fighting (ARFF) vehicle for the
Ithaca-Tompkins Regional Airport, and
WHEREAS, two (2) responsive bids were duly received as follows:
Emergency One, Inc. $689,517
Oshkosh Truck Corporation $742,577
now therefore be it,
RESOLVED, on recommendation of the Facilities and Infrastructure
Committee, That subject to grants being received from the Federal Aviation
Administration (FAA) and the New York State Department of Transportation
(NYSDOT), the bid be awarded to Emergency One, Inc., of Ocala, Florida,
as the lowest responsible bidder with a bid of $689,517,
RESOLVED, further, That the budget for said ARFF vehicle shall
be as follows:
Federal Aviation Administration (90%) $620,565
New York State Department of Transportation $ 34,475
Local Share (Airline Rates and Charges) (5%) $ 34,477
RESOLVED, further, That the local share be derived from the
airport budget contract with the airlines, covering rates and charges,
RESOLVED, further, That the Finance Director be authorized to
advance payments for this piece of equipment until reimbursement is received
from the FAA and NYSDOT.
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RESOLUTION NO. 186 - AUTHORIZING THE COMMISSIONER OF PLANNING TO ACCUMULATE VACATION TIME AT THE MAXIMUM RATE
MOVED by Ms. Blanchard, seconded by Ms. Herrera, and unanimously
adopted by voice vote by members present, under the Consent Agenda.
WHEREAS, in the 2003 budget, the Deputy County Administrator's position
reduced to fifty percent of a full time equivalent, and
WHEREAS, the County Administrator has requested that Edward Marx,
Commissioner of Planning, take on certain duties of the Deputy County Administrator
during 2003, and
WHEREAS, it is the intent of the County Administrator to recommend
that, beginning with budget year 2004, Mr. Marx permanently assume the
position of Deputy County Administrator and Commissioner of Planning, with
fifty percent of his time devoted to each, and
WHEREAS, the position of Deputy County Administrator and Commissioner
of Planning are the same salary level, and
WHEREAS, the Legislature recognizes and appreciates the additional
effort and demands required to meet the challenges of the additional duties,
now therefore be it
RESOLVED, on recommendation of the Government Operations Committee,
That effective January 1, 2004, Mr. Marx be granted maximum vacation at
a rate of twenty (20) days per year.
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Report from the Public Safety Committee
Ms. Blanchard, Chair, said the Committee met on August 21, 2003, and heard information regarding the Department of Emergency Response. She said Ms. Pottorff, Deputy Clerk, has produced a brochure with a summary of all department presentations which is in final editing stages and will be provided to Legislators when complete. She then reported on the Committee's discussion of the County's response to the recent blackout situation. The next meeting is on September 4, 2003, when a presentation regarding Sheriff's Road Patrol will take place, followed by budget reviews.
Report and Presentation of Resolution(s) from the Facilities and Infrastructure Committee
Mr. Booth, Chair, reported that at the Public Works Cabinet meeting the topic of potential needs of the County during blackouts and emergencies was discussed. He then spoke of the recent blackout and the concerns regarding computer system assistance in blackout situations, noting the excellent work done by Information Technology Services. He said Mr. Potter, Information Technology Services Director, is in the process of installing a new system to screen and filter Internet traffic that will provide more bandwidth and security controls within the system.
Mr. Booth then spoke of the possibility of substituting Federal funding for the Freese Road project rather than Red Mill Bridge in an effort to avoid a 4-F Review process, indicating that it will not be possible to make the substitution and as a result other alternatives are being pursued. He then reported there are hopeful indications that US Air will be extending their current contract at the Ithaca Tompkins Regional Airport.
RESOLUTION NO. 187 - INCREASE OF HOURS FOR SOLID WASTE ASSISTANT - SOLID WASTE DIVISION
MOVED by Mr. Booth, seconded by Ms. Kiefer. Mr. Proto expressed concern regarding an increase of hours even though no local funding was requested this year. He recalled other departments such as the Health Department and County Clerk requesting additional staffing requests that were denied. Mr. Booth said the resolution is a result of reorganization within the department and he feels it made a good deal of sense to increase the hours of this position.
A voice vote on the resolution resulted as follows: Ayes - 13, Noes - 1 (Legislator Proto); Excused - 1 (Legislator Penniman). RESOLUTION ADOPTED.
WHEREAS, a request for an increase in hours for the Solid Waste
Assistant in the Solid Waste Division is needed to provide assistance in
customer service due to increased public usage of our programs and financial
management, and
WHEREAS, this position can be filled by trained staff presently
holding a temporary position, and
WHEREAS, this position has been funded within the present budget
of the Solid Waste Division and does not require any additional local funding,
now therefore be it
RESOLVED, on recommendation of the Facilities and Infrastructure
Committee, That the position of Solid Waste Assistant, labor grade (9),
is hereby increased from twenty hours to thirty-five hours effective August
1, 2003.
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RESOLUTION NO. 188 - AUTHORIZING ACCEPTANCE OF A FEDERAL AVIATION ADMINISTRATION (FAA) GRANT TO RELOCATE AIRFIELD LIGHTING EQUIPMENT (PHASE 1); PERFORM AIRCRAFT RESCUE AND FIRE FIGHTING (ARFF) BUILDING DOOR MODIFICATIONS (PHASE 1); ENGINEERING ESIGN FOR THE REHABILITATION OF THE TRANSIENT RAMP; PERFORM AN OBSTRUCTION STUDY; PURCHASE A RAPID RESPONSE VEHICLE; PURCHASE AN AIRCRAFT RESCUE AND FIRE FIGHTING VEHICLE (ARFF) - ITHACA TOMPKINS REGIONAL AIRPORT
MOVED by Mr. Booth, seconded by Ms. McBean, and unanimously adopted by voice vote by members present.
WHEREAS, the County has received a grant offer from the Federal Aviation
Administration (FAA) in the amount of $ 1,298,554 to assist with the purchase
of emergency equipment, and accomplish various airport improvements as
detailed above, and
WHEREAS, the budget for these items is as follows:
FAA Share
(90.0%) Account No. HT 5601.44592
$ 1,298,554.00
NYSDOT Share( 5.0%)
Account No. HT 5601.43592 $
72,142.00
Local Share
( 5.0%) Account No. HT 5601.45031
$ 72,142.00
Total
$ 1,442,838.00
, now therefore be it
RESOLVED, on recommendation of the Facilities and Infrastructure Committee,
That the grant offer from the FAA of $ 1,298,554.00 be and hereby is accepted
and that the County Administrator is authorized to execute the required
documents.
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Report from the Consumer and Community Affairs Committee
Ms. Kiefer, Chair, reported the Committee has not met since the last Legislature meeting. The next meeting will be on September 10, 2003, for budget reviews and the second meeting will take place on September 17, 2003.
Report and Presentation of Resolution(s) from the Government Operations Committee
Mr. Koplinka-Loehr, Chair, reported the Committee has not met since the last Legislature meeting. He called attention to the revised budget schedule, notified members of the Legislature that a Human Rights Commission updated report will be available, and reminded members of a confidential memo relating to the performance evaluation of the County Administrator.
RESOLUTION NO. 189 - REVISION OF ADMINISTRATIVE MANUAL POLICY 02-10 - OUTSIDE EMPLOYMENT OF COUNTY EMPLOYEES
MOVED by Mr. Koplinka-Loehr, seconded by Ms. McBean. In response to Mr. Proto's question, Mr. Koplinka-Loehr noted the policy is being reworded to be applicable to current agreements.
A voice vote on the resolution resulted as follows: Ayes - 14, Noes - 0; Excused - 1 (Legislator Penniman). RESOLUTION ADOPTED.
WHEREAS, there is a need to revise the procedure for outside employment
of county employees, now therefore be it
RESOLVED, on recommendation of the Government Operations Committee,
That the revised policy 02-10 – Outside Employment of County Employees,
be adopted and incorporated into the Administrative Policy Manual.
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RESOLUTION NO. - ADOPTION OF REVISED RULES OF THE TOMPKINS COUNTY LEGISLATURE AND FUNCTIONS OF COMMITTEES
MOVED by Mr. Koplinka-Loehr, seconded by Ms. Robertson. Mr. Koplinka-Loehr noted changes to pages 10 - 12 of the Rules and asked Legislator Kiefer to move her suggested revisions contained on these pages.
MOVED by Ms. Kiefer, seconded by Mr. Proto, to modify the language on page 10 of the Rules of the Tompkins County Legislature. Ms. Kiefer explained the purpose of the language change was to clarify when the Chair would use his privilege of assigning a member of the Legislature to a committee in the event of absences. Mr. Joseph said he interprets the changes to indicate a desire for the Chair not to use this ability on a regular basis. Mr. Lane did not see any benefit to the additional language and noted the history of this rule has not indicated any over-use.
Ms. Herrera brought forth a point of order and questioned the ability to bring forth changes as the present Rules of the Board indicate changes should be presented at least a week ahead of time. Mr. Joseph agreed that revisions cannot come forward that have not been seen by others prior, but this is a situation of revised rules having come through a Committee process. Ms. Herrera feels that bringing forth changes without the appropriate lead-time does not provide sufficient time to review the changes. Mr. Joseph said the rules can be waived by two-thirds of the Legislature, and also accept the initial changes made by Mr. Koplinka-Loehr.
Mr. Joseph ruled that the motion on the floor by Ms. Kiefer was out of order as there was not sufficient time to bring the changes suggested by her before the Legislature.
MOVED by Mr. Koplinka-Loehr, seconded by Mr. Lane, to suspend the Rules of the Legislature to allow revisions. Ms. Kiefer said she had hoped to have the matter postponed until a future meeting. Mr. Winch requested the resolution be withdrawn to allow for members to review the suggested changes. Mr. Koplinka-Loehr withdrew the resolution. RESOLUTION WITHDRAWN.
Report from the Planning, Development and Environmental Quality Committee
Mr. Lane, Chair, said the Committee will meet on September 3, 2003, to discuss regular Committee items as well as begin budget deliberations.
Report from the Health and Human Services Committee
Ms. Robertson, Chair, said the Committee meets next on September 3, 2003, to discuss the Mental Health and Public Health budget requests. She reported that at the August 21, 2003, meeting a report was provided by Mr. Strong, Assistant Vice President of Academic Services at Cornell University and Mr. Gutenberger, of the Community Relations office at Cornell University. The Committee also heard from Mr. Pendall of the City Regional Planning Department about the course plan for affordable housing he is teaching. Ms. Joyce Williams, Executive Director of Unity House, spoke to the Committee about the Green Street unit, with 18 disabled residents, and their desire to expand the operation to include ten more beds. Ms. Robertson said a joint meeting with the Public Safety Committee will take place on September 30 to discuss the Alternatives to Incarceration program.
Report and Presentation of Resolution(s) from the Communications Capital Projects Committee
Ms. Blanchard, Chair, reported the Committee met on August 27, 2003, and received a positive report of the Emergency Response Center (ERC), noting some change orders will be coming forward in the future. She then spoke of the construction projects associated with the connection of the ERC to the communications system and the resolution coming forward as part of the continuation of this process. Ms. Blanchard spoke of the continuing work that is being undertaken by the County to upgrade communication systems including microwave, MDS, and paging within the County. She expressed concern that the partnership with the State-Wide Network is not looking hopeful at this time, however the County will go forward to improve systems. She then reported Mr. Marx, Planning Commissioner, reported to the Committee on the Department of Transportation Relocation Project, stating it is moving quite well and is now awaiting the annexation process which is hoped to be completed before the end of September. The next Committee meeting will be on September 16, 2003, at 12:30 p.m.
RESOLUTION NO. 190 - BALANCING TEST ANALYSIS REGARDING CONSTRUCTION OF TOWER AT EMERGENCY RESPONSE CENTER
MOVED by Ms. Blanchard, seconded by Mr. Booth, and unanimously adopted by voice vote by members present.
WHEREAS, the County intends to construct a tower adjacent to the
Emergency Response Center in the Village of Lansing to allow for the Center
to be integrated into the County Emergency Communications System, and
WHEREAS, the New York State Court of Appeals in the City of Rochester
vs. County of Monroe, 72 NYS2d 338 (1988) determined that various criteria
should be considered to determine whether an action is subject to local
zoning requirements, and
WHEREAS, the County has thoroughly examined the criteria, now
therefore be it
RESOLVED, on recommendation of the Communication Capital Projects
Committee, That the project is not subject to local land use regulation
for reasons summarized in the attached analysis.
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1. The Nature and Scope of the Instrumentality Seeking Immunity
Tompkins County, a Charter County in New York State, has the responsibility to provide for public safety of County residents. The project is located in the Village of Lansing, a municipality in the County.
2. The Kind of Function of Land Use Involved
The County intends to construct a communications tower adjacent to the new Emergency Response (911) Center on land already owned by the County. The site is at the Ithaca Tompkins Regional Airport, across the road from the Cornell University owned Industrial Research Park. The project is described at length in both the long form EAF and the Project Approval Request form developed by the County.
3. The Extent of Public Interest to be Served Thereby
There is a critical public interest to be served by the facility. The facility is essential to linking the Emergency Response Center (including 911 dispatchers) with the countywide emergency communications system. This includes police, fire, ambulance and other radios used by emergency service providers. This facility is critical to the County’s public safety communications system and the safety of County residents.
4. The Effect Local Land-Use Regulations Would Have Upon the Enterprise
Concerned
Local land use regulation allows this type of facility in the area, but has at least one requirement (a tower fall-zone requirement) that could not be satisfied if the County were subject to the regulation. Strict compliance would be impossible since the Village ordinance requires a fall-zone of 1.5 times the tower height. The proposed monopole is 120” tall approximately 20’ of which will be sunk in concrete underground. The only structure within 100’ of the tower is the County’s own Emergency Response Center (approximately 55’ from the tower base). The tower is designed to break at 50’ from the top and collapse upon itself. So even the Emergency Response Center is not at risk in the extraordinarily unlikely event of a tower collapse and no other structure is at risk. Furthermore, the failure to proceed with the project would threaten the lives and safety of County residents.
5. The Impact Upon Legitimate Local Interest
The impact on legitimate local interest is positive. The improvement will certainly provide for the safety of the citizens in the local community. Furthermore, the County can find no overriding Village interest in governing the details of the structure. The County itself is in the best position to judge the need, design and utility of the facility.
6. The County’s Legislative Grant of Authority
The county is authorized to provide for the health and safety of its citizens. Municipal Home Rule Law §10(12).
7. Alternative Location for the Facility in Less Restrictive Zoning Areas
The County considered several alternative locations. However, the proximity to the Emergency Response Center makes this location ideal.
8. Alternative Methods of Providing the Needed Improvement
The County has thoroughly examined several alternative methods of providing the needed improvement. It was only after an extremely lengthy consideration of possible alternatives that the County decided to proceed with the chosen project.
9. The Intergovernmental Participation in Project Development and Opportunity
to
be Heard
The Village of Lansing has received detailed information on the project as it has been developed and has made significant input into the project.
For over a year, the County has discussed in public meeting with the Village the need for this project and its technical requirements, as information became available.
The County coordinated a meeting with municipal officials and interested parties (6/6/03) to review and discuss the proposed infrastructure. Based on this meeting, alternatives were considered by the County. The County provided site plan materials based on the municipality’s tower ordinance for the project, and has facilitated discussion in public meetings.
Report from the Space Needs and Location Committee
Mr. Proto, Chair, said the Committee meets next on September 10, 2003, and will work on recommendations to the capital program.
Approval of Minutes of August 5, 2003, and August 19, 2003
It was MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, to approve the minutes of August 5, 2003, and August 19, 2003, as submitted. MINUTES APPROVED.
Adjournment
On motion the meeting adjourned at 8:44 p.m.
Resptectfully submitted, Karen Fuller, Deputy Clerk
Tompkins
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