HomeMy WebLinkAbout2006 Proceedings2006 PROCEEDINGS
Tompkins County
Legislature
TOMPKINS COUNTY
NEW YORK
TIM JOSEPH, Chair
Ithaca, New York
CATHERINE COVERT, Clerk
Ithaca, New York
State of New York
County of Tompkins ) ss:
Tompkins County Legislature )
In pursuance of the authority conferred by Section 211 of the County Law, I do
hereby certify that the copy of the Proceedings of the Tompkins County
Legislature of the County of Tompkins, New York, for the year 2006, contained in
this volume is true and correct.
CATHERINE COVERT
Clerk of the Legislature
2006
TOMPKINS COUNTY LEGISLATURE
Left to right - standing
Catherine Covert, Clerk of the Legislature; Duane T. Randall, II, District No. 9, Town of Groton, NW Town of
Dryden, SE Town of Lansing; Katherine Luz Herrera, District No. 5, City of Ithaca, portions of Town of Ithaca and
Village of Cayuga Heights; Michael Koplinka-Loehr, District No. 11, Town of Ithaca (Eastern part); Nathan I.
Shinagawa, District No. 4, City of Ithaca; Michael J. Sigler, District No. 6, Town of Lansing, portion of Village of
Lansing; Greg W. Stevenson, District No. 8, Town of Newfield, Town of Enfield (Southern part); Richard S. Booth,
District No. 3, City of Ithaca, part of Town of Ithaca; Tim Joseph (Chair), District No. 12, Town of Ithaca (Western
part); Leslyn McBean-Clairborne (Vice Chair), District No. 2, City of Ithaca; Michael R. Hattery, District No. 14,
Town of Dryden (Eastern part), Villages of Dryden and Freeville; Pamela Mackesey, District No. 1, City of Ithaca,
part of Town of Ithaca; Martha Robertson, District No. 13, Town of Dryden (Western part); Dooley Kiefer, District
No. 10, Villages of Lansing and Cayuga Heights, Northeast Town of Ithaca; James P. Dennis, District No. 15, Town
of Ulysses, Village of Trumansburg, Town of Enfield (Northern part); Frank P. Proto, District No. 7, Towns of
Caroline and Danby, portion of Town of Ithaca
Left to right - seated
Jonathan Wood, County Attorney; Stephen Whicher, County Administrator; Paula Younger, Deputy County
Administrator; Shawn Martel Moore, Deputy County Administrator; David Squires Finance Director; Michelle
Pottorff, Chief Deputy Clerk
2006 STANDING AND SPECIAL COMMITTEES
ASSIGNMENTS AND RESPONSIBILITIES
STANDING COMMITTEES
Budget and Capital
Koplinka-Loehr (Chair), Mackesey (Vice Chair), Sigler, Booth, Shinagawa
Appropriations
Borrowing and Debt Service
Contingent Funds
Fund Balances
Unallocated Revenues
Budget process
Fiscal Policy
TC3
Capital Programs
Government Operations
Herrera (Chair), Sigler (Vice Chair), Stevenson, Kiefer, Randall
Tompkins County Legislature
Charter and Code
Human Rights
Administration
Operational Policies
Code/Board of Ethics
Law
Finance
Public Information
Assessment
Board of Elections
Libraries
County Clerk
Dewitt Historical Society
County Historian
Planning, Development and Environmental Quality
Robertson (Chair), Herrera (Vice Chair), Proto, Randall, Dennis
Planning Department
MPO
Soil and Water Conservation District
Flood Control/Water Quality
Environmental Management Council
Land management
Workforce Development
TCAD
Industrial Development Agency
Chamber of Commerce
Arts
Tourism Program/CVB
Strategic Tourism Planning
Ithaca Downtown Partnership
Celebrations
TCAT
2006 Standing and Special Committees - Assignments and Responsibilities
Facilities and Infrastructure
Randall (Chair), Kiefer (Vice Chair), Mackesey, Shinagawa, Booth
Facilities
Bridges and Highways
Airport
Solid Waste/Recycling
Public Works Administration
Information Technology Services Department
Weights and Measures
Utilities
Public Safety
McBean-Clairborne (Chair), Booth (Vice Chair), Koplinka-Loehr, Robertson, Hattery
Alternatives to Incarceration
District Attorney
Defense of Indigents
Probation and Community Justice
Sheriff/Jail
Department of Emergency Response
Offender Aid and Restoration
Health and Human Services
Proto (Chair), Shinagawa (Vice Chair), Hattery, Stevenson, Robertson
Department of Social Services
Mental Health Department/Agencies
Public Health Department/Agencies
Health Planning Council
Human Services Coalition
Relevant Human Services Coalition agencies (incl. Community Dispute Resolution Center - moved from Public Safety
Committee)
Office for the Aging
Youth Services
Tompkins Community Action
Cooperative Extension
Animal Health and Control
Personnel
Dennis (Chair), McBean-Clairborne (Vice Chair), Proto, Kiefer, Mackesey
Personnel Department/issues
Affirmative action
Workforce Diversity and Inclusion
Training
SPECIAL COMMITTEE(S)
Health Department Building Committee
Joseph (Chair), Herrera (Vice Chair), Dennis
January 3, 2006
Tompkins County Workforce Investment Board
Kathy Herrera
Municipal Electric and Gas Alliance - Terms expire December 31, 2009
Stuart Stein
Barbara Blanchard
Report from the County Administrator
Mr. Whicher, on behalf of himself, Department Heads, and staff, congratulated the new members
of the Legislature and welcomed them. He did not have a report.
Report from the County Attorney
Mr. Wood did not have a report. He welcomed new Legislators and would look forward to
speaking with them and answering questions.
Report from the Finance Director
Mr. Squires informed the newly elected Legislators they were joining a stable organization. He
reported that sales tax estimates are expected to exceed estimates by at least $877,000, as well as interest
by about one-half million, and unallocated revenues by a total of approximately $2 million (including
sales tax). He then reported the upcoming tax foreclosure cycle would begin the following week. The
number of foreclosed properties on the list has been reduced from 148 to 44 at this time. He explained to
the new members that every attempt is made to avoid the foreclosure sale if possible, including personally
meeting with the property owners. Mr. Squires informed the members of the Legislature that notice will
be provided to them of any constituents' properties involved.
Addition of Resolution(s) to the Agenda
There were no resolution(s) added to the agenda.
Withdrawal of Resolution(s) from the Agenda
There were no resolutions withdrawn from the agenda.
Approval of Resolution(s) Under the Consent Agenda
It was MOVED by Mr. Booth, seconded by Ms. Robertson, and unanimously adopted by voice
vote, to approve the following resolution(s) under the Consent Agenda:
RESOLUTION NO. 1 - BUDGET ADJUSTMENT — OFFICE OF EMPLOYMENT AND
TRAINING
MOVED by Mr. Booth, seconded by Ms. Robertson, and unanimously adopted by voice vote
under the Consent Agenda.
RESOLVED, on recommendation of the Planning, Development and Environmental Quality
Committee, That the Director of Finance be directed to make the following budget adjustment on his
books:
Office of Employment and Training
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January 3, 2006
Revenue Acct Title Amt Approp Acct Title(s)
6292.42797 Other Local Govt. $ 80,313 6292.5100783 Training Workforce Specialist
Contributions
6292.42797 Other Local Govt. $ 31,322 6292.58800 Fringe
Contributions
6292.42797 Other Local Govt. $ 80,000 6292.51000051 JTPA Participants
Contributions
6292.42797 Other Local Govt. $ 25,000 6292.54432 Rent
Contributions
6292.42797 Other Local Govt. $198,000 6292.54491 Subcontracts
Contributions
6292.42797 Other Local Govt. $ 500 6292.54452 Postage
Contributions
6292.42797 Other Local Govt. $ 1,000 6292.54472 Telephone
Contributions
6292.42797 Other Local Govt. $ 2,000 6292.54412 Travel/Training
Contributions
6292.42797 Other Local Govt. $ 1,000 6292.54342 Food
Contributions
Explanation: The Office of Employment and Training was awarded the contract for the WIA Youth
Program. The positions will support that program. Fringe Benefits for two Transition Work Specialist
positions. Wages for program participants. Rent for Youth One -Stop. Program components being
contracted out to various agencies. Increased postage costs relating to operation of youth program.
Increased telephone costs relating to operation of youth program. Travel to work sites. Food/Incentive
for program activities.
SEQR ACTION: TYPE 11-20
RESOLUTION NO. 2 - AMENDMENT TO RESOLUTION NO. 260 OF 2005 - REDUCTION OF
HOURS - DEPUTY COUNTY ATTORNEY POSITION
MOVED by Mr. Booth, seconded by Ms. Robertson, and unanimously adopted by voice vote
under the Consent Agenda.
WHEREAS, Resolution No. 260 of 2005 included creation of positions and changes to existing
positions, and
WHEREAS, the reduction of hours of one Deputy County Attorney position from 40 to 35 hours
per week was inadvertently omitted from Resolution No. 260 of 2005, and
WHEREAS, such a change would be beneficial to the organization, now therefore be it
RESOLVED, on recommendation of the appropriate Program Committees, That the standard
workweek for one position of Deputy County Attorney (89-262) shall be reduced from 40 hours per week
to 35 hours per week effective January 1. 2006.
SEQR ACTION: TYPE 11-20
RESOLUTION NO. 3 - DELEGATION OF AUTHORITY TO AUTHORIZE CERTAIN TAX
REFUNDS AND CREDITS OF $2500 AND UNDER
MOVED by Mr. Booth, seconded by Ms. Robertson, and unanimously adopted by voice vote
under the Consent Agenda.
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January 3, 2006
WHEREAS, Section 554 of the Real Property Tax Law authorizes a tax -levying body to delegate
the correction of tax rolls due to a clerical error, an error in essential fact, or an unlawful entry (an
unlawful entry is any information on the tax roll that violates the Real Property Tax Law), and
WHEREAS, Section 556 of the Real Property Tax Law authorizes a tax -levying body to delegate
the payment of tax refunds due to a clerical error, an error in essential fact, or an unlawful entry, and
WHEREAS, it is the opinion of the Government Operations Committee, that such delegation
would be more efficient in processing said refunds and therefore beneficial to the taxpayer, now therefore
be it
RESOLVED, on recommendation of the Government Operations Committee, That the County
Director of Assessment shall transmit corrections and/or refund recommendations to the County
Administrator,
RESOLVED, further, That the County Administrator is hereby authorized to allow payments of
bills where recommended refund or credit is $2,500 or less, without prior audit by the tax -levying body,
in compliance with Paragraph 9 (a), (c) of Section 554, and Paragraph 8 (a), (c), (d), and Paragraph 9 and
10 of Section 556 of the Real Property Tax Law,
RESOLVED, further, That any refund or credit over $2,500 must be approved by the Tompkins
County Legislature pursuant to Paragraph 8 (a), 9, and 10 of Section 566 of the Real Property Tax Law,
except for refunds amounting over $2,500 as a result of Real Property Tax Law Article 7 litigation
ordered by the New York State Supreme Court,
RESOLVED, further, That the County Administrator shall transmit on or before the 15th day of
each month a report to the Tompkins County Legislature of all the corrections and refunds processed,
RESOLVED, further, That this resolution shall only be in effect during the calendar year 2006.
SEQR ACTION: TYPE II -20
Approval of Appointment(s) Under the Consent Agenda
It was MOVED by Mr. Booth, seconded by Ms. Robertson, and unanimously adopted by voice
vote, to approve the following appointment(s) under the Consent Agenda:
Youth Services Board
Jessica Evett-Miller - City of Ithaca representative
Report from the Planning, Development and Environmental Quality Committee
Ms. Herrera, 2005 Chair, reported as Chair for two years many goals were accomplished. She
spoke of being very impressed with the way the Planning Department operates and the professionalism
exhibited. Ms. Herrera noted two of the goals were the County Comprehensive Plan and the Open
Burning issue; she was amazed at how people were brought together through the process. Ms. Herrera
said the Committee met on December 7th at which time there was a presentation from Fred Bonn who
discussed the tourism work done through the Strategic Tourism Planning Board.
She noted that the new Chair of the Committee, Ms. Robertson, would get to see the Convention
and Tourism Center expansions planned. Ms. Herrera spoke of the work done by Workforce New York
and encouraged their efforts. Also noted was the study of the Route 13 corridor in Dryden, as well as a
multi -modal transportation study for the waterfront area of the City, walkability assessments on Hanshaw
Road and in Trumansburg. She said these things are rural and urban Quality -of -Life issues. Ms. Herrera
said a Request for Proposals was completed relating to the scenic resources inventory for a consultant
who will assist in determining what locations could be included.
Ms. Herrera said it has been an honor and pleasure to serve as Chair of the Committee.
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January 3, 2006
Ms. Robertson, 2006 Chair, said the Committee will meet briefly prior to the January 17
Legislature meeting. She noted the Committee is scheduled to meet on the second Monday of the month
for regular meetings, beginning in February.
Report from the Budget and Capital Committee
Mr. Koplinka-Loehr, Chair, did not have a report.
Report and Presentation of Resolution(s) from the Government Operations Committee
Ms. Kiefer, Vice Chair, did not have a report.
RESOLUTION NO. 4 - ESTABLISHING 2006 MEETING DATES
MOVED by Ms. Herrera, seconded by Mr. Booth. Ms. Kiefer said she would like to recommend
only one meeting be scheduled for the month of August 2006. She provided information relating to
action taken within the last five-year period for that month. Ms. Kiefer believed the information indicated
it was potentially feasible to combine the meetings.
1t was MOVED by Ms. Kiefer, seconded by Ms. Robertson, to amend the resolution to indicate
that for the month of August, 2006, one meeting be held on August 8, 2006.
Ms. Herrera said while commendable to try not to have meetings if not necessary, it leaves the
potential of a full month time between Legislature action; this could create a problem.
Ms. Robertson asked what Mr. Whicher and other Department Heads felt the impact may be. Mr.
Whicher said it should not impact staff, but could slow down work in some areas due to the length of
time.
Mr. Booth said he would not support the motion, consent agenda items are equally as important to
act upon. Ms. Kiefer felt the number of resolutions is reducing with time and that the changes to the
budget process have changed the focus, she does not believe it to be necessary.
Mr. Dennis inquired whether it is possible to cancel the second meeting in August if it were
proven not to be necessary. It was noted the meeting could be cancelled by resolution.
Mr. Proto felt the schedule should be kept, that if Legislators needed to be excused they could do
so.
Ms. Robertson said she seconded the motion to be able to have a discussion; upon hearing the
information provided she will not be supporting the resolution.
A voice vote on the motion to amend the schedule resulted as follows: Ayes - 1 (Legislator
Kiefer); Noes - 14. MOTION FAILED.
A voice vote on the resolution resulted as follows: Ayes - 14; Noes - 1 (Legislator Kiefer).
RESOLUTION ADOPTED.
RESOLVED, on recommendation of the Government Operations Committee, That the 2006
regular meetings of the Tompkins County Legislature are as follows:
Tuesday, January 3, 2006 at 5:30 p.m.
Tuesday, January 17, 2006 at 5:30 p.m.
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Tuesday,
Tuesday,
Tuesday,
Tuesday,
Tuesday,
Tuesday,
Tuesday,
Tuesday,
Tuesday,
Tuesday,
Wednesday,
Tuesday,
Tuesday,
Tuesday,
Tuesday,
Tuesday,
Tuesday,
Tuesday,
Wednesday,
Tuesday,
Tuesday,
Tuesday
February 7,
February 21,
March 7,
March 21,
April 4,
April 18,
May 2,
May 16,
June 6,
June 20,
July 5,
July 18,
August 1,
August 15,
September 5,
September 19,
October 3,
October 17,
November 8,
November 21,
December 5,
December 19,
SEQR ACTION: TYPE 1I-20
January 3, 2006
2006 at 5:30 p.m.
2006 at 5:30 p.m.
2006 at 5:30 p.m.
2006 at 5:30 p.m.
2006 at 5:30 p.m.
2006 at 5:30 p.m.
2006 at 5:30 p.m.
2006 at 5:30 p.m.
2006 at 5:30 p.m.
2006 at 5:30 p.m.
2006 at 5:30 p.m. (Tuesday, July 4 - Holiday)
2006 at 5:30 p.m.
2006 at 5:30 p.m.
2006 at 5:30 p.m.
2006 at 5:30 p.m.
2006 at 5:30 p.m.
2006 at 5:30 p.m.
2006 at 5:30 p.m.
2006 at 5:30 p.m. (Tuesday, November 7 - Election Day)
2006 at 5:30 p.m.
2006 at 5:30 p.m.
2006 at 5:30 p.m.
Ms. Herrera, 2006 Chair of the Government Operations Committee, noted a special meeting is
tentatively planned for Tuesday, January 10, 2006, 3:30 - 5:30 p.m., for any individual interested in
learning more about the assessment process and the differences between an annual and three-year
assessment cycle. If anyone has questions regarding the process it is recommended to forward them to
the Legislature office.
Report from the Public Safety Committee
Mrs. McBean-Clairborne, Chair, did not have a report.
Report from the Workforce Diversity and Inclusion Committee
Mrs. McBean-Clairborne, Chair, did not have a report.
Report from the Facilities and Infrastructure Committee
Ms. Kiefer, member, did not have a report.
Report from the Health and Human Services Committee
Ms. Robertson, Chair, expressed appreciation to the members of the Committee and support staff.
She noted she was Chair for three years and a member for four. She will be working on a summary of
goals for Mr. Proto, new Chair of the Committee.
Approval of Minutes
It was MOVED by Mrs. McBean-Clairborne, seconded by Mr. Koplinka-Loehr, and unanimously
approved by voice vote, to approve the minutes of December 20, 2005. MINUTES APPROVED.
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January 3, 2006
Adjournment
On motion the meeting adjourned at 6:50 p.m.
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January 3, 2006
Organizational Meeting
Called to Order
Mrs. Covert, Clerk of the Legislature, called the organizational meeting of the Tompkins County
Legislature 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.
District No. 1 - Pam Mackesey, 323 Pleasant Street, Ithaca
District No. 2 - Leslyn McBean-Clairborne, 528 West Clinton Street, Ithaca
District No. 3 - Richard S. Booth, 510 Mitchell Street, Ithaca
District No. 4 - Nathan I. Shinagawa, 307 Stewart Avenue, Ithaca
District No. 5 - Katherine Luz Herrera, 116 Utica Street, Ithaca
District No. 6 - Michael J. Sigler, 218 Peruville Road, Freeville
District No. 7 - Frank P. Proto, 2585 Slaterville Road, Slaterville Springs
District No. 8 - Greg W. Stevenson, 130 Harvey Hill Road, Ithaca
District No. 9 - Duane T. Randall II, 305 West Groton Road, Groton
District No. 10 - Dooley Kiefer, 629 Highland Road, Ithaca
District No. 11 - Michael A. Koplinka-Loehr, 124 Crest Lane, Ithaca
District No. 12 - Tim Joseph, 772 Elm Street Extension, Ithaca
District No. 13 - Martha Robertson, 1655 Ellis Hollow Road, Ithaca
District No. 14 - Michael R. Hattery, 4 Greystone Drive, Dryden
District No. 15 - James P. Dennis, 47 Elm Street, Trumansburg
Administration of Oath of Office
Mrs. Covert introduced Aurora Valenti, County Clerk. Ms. Valenti administered the Oath of
Office to all Legislature members.
Election of Temporary Chair
Mrs. Covert announced the first order of business was the election of a temporary chair. Mr.
Koplinka-Loehr nominated Mr. Proto as Temporary Chair, seconded by Ms. Robertson. After hearing no
more nominations, it was MOVED by Mr. Sigler, seconded by Ms. Kiefer, and unanimously adopted by
voice vote, to close nominations. A voice vote resulted as follows for Temporary Chair: Ayes - 15, Noes
- 0. MOTION CARRIED. Mr. Proto took the chair as Temporary Chairman.
Mr. Proto took the occasion to reflect on his humorous remarks of last year regarding temporary
appointments and how a Town Supervisor viewed the remarks in a negative manner. He said there would
be fun times while working with the Legislature. Mr. Proto expressed congratulations to the newest
members of the Legislature; he said the position is challenging but all members will work together
regardless of position. Mr. Proto said Mr. Joseph said the County is complimented at the State level for
the ability to get along. Mr. Proto then opened nominations for a Permanent Chair.
Election of a Permanent Chair
Nominations were opened. Mr. Booth nominated Mr. Joseph as Permanent Chair, seconded by
Mr. Koplinka-Loehr.
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January 3, 2006
Mr. Booth said Mr. Joseph is deeply experienced in all aspects of the Legislature and County
government and encourages participation by all members. He said although they sometimes disagreed,
Mr. Joseph respects his right to do so. Mr. Booth said Mr. Joseph listens well, is patient, and has a
willingness to include everyone and should be respected for this. In addition, he is honest and open in
terms of explaining difficult issues in a manner that people can understand. Mr. Koplinka-Loehr stated
that Mr. Joseph has the ability to summarize differences and articulate opposing views and is someone he
looks to as a model.
Mr. Hattery nominated Mr. Proto as Permanent Chair, seconded by Mr. Sigler.
Mr. Hattery said Mr. Proto is the senior Legislator of the body and has acted as Chair on many
Committees as well as having the temperament and values to allow him to see both sides of an issue.
Hearing no more nominations, it was MOVED by Mr. Booth, seconded by Ms. Herrera, and
unanimously adopted by voice vote, to close nominations. In answer to a question, no one requested a
secret ballot.
A vote by show of hands to elect Tim Joseph Chair of the Legislature resulted as follows: Ayes -
1 1 (Legislators Booth, Dennis, Herrera, Joseph, Kiefer, Koplinka-Loehr, Mackesey, McBean-Clairborne,
Robertson, Shinagawa, and Stevenson).
A vote by show of hands to elect Frank Proto Chair of the Legislature resulted as follows: Ayes -
4 (Legislators Hattery, Proto, Randall, and Sigler).
Mr. Joseph was declared Chair of the Legislature for 2006.
At this time Mr. Proto turned the meeting over to Mr. Joseph, newly elected Chair.
Election of a Vice Chairman
The next order of business was the election of Vice Chairman and Mr. Joseph opened
nominations. Ms. Herrera nominated Mrs. McBean-Clairborne as Vice Chair, seconded by Mr. Dennis.
Ms. Herrera made the following statement:
"It is my honor and privilege to nominate someone who embodies the notion of democracy in
action. Since her arrival here in 1990, Leslyn McBean-Clairborne has been an active part of this
community, as an ally to all.
"Leslyn's early efforts organizing and running a peer mediation group for teens (the Ithaca
Peacemakers), her work with Local Law C [Local Law No. 6 of 1991] as a new member to the
community, her efforts organizing an active neighborhood association (CAN -DO) for the Historic
Southside, and her work with the Corn Street gas station remediation, just to name a few, demonstrate her
support of our community. She continues to give her time, talent, and commitment to fighting for social
justice and equality for all.
"As a Legislator, Leslyn is a model of fairness, treating workers, administrators, and her peers
from either side of the aisle with respect. This is what we hope for from our leaders, and from Leslyn,
what we have come to rely on. Thoughtful and well spoken, Leslyn seeks not only to represent everyone,
but also to represent everyone fairly. And she succeeds.
"As chair of the Public Safety Committee, Leslyn McBean-Clairborne worked to include the
voices of all Public Safety personnel on matters of interest such as the integrated communications system.
She's also led the committee to more cooperative discussions and decisions.
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January 3, 2006
"Leslyn successfully articulated to the Legislature the need for Tompkins County to move
forward in its efforts toward fully supporting the diversity of our community. With Leslyn McBean-
Clairborne's adept communication skills and diplomacy, we gained the support of the Legislature and are
engaged in a process of culture change that can enhance the quality of life for us all. A tall order for sure,
and Leslyn will take us there, not single-handedly but as a team.
"As a working class woman of color, I am proud to serve on the Tompkins County Legislature
with Leslyn McBean-Clairborne, who I consider to be a colleague, friend, and sister.
"There is much more I could say, but to sum up I will mention that Leslyn has been awarded the
Human Rights Commission's special Award for 2006, which is a great honor and is well deserved.
"Accordingly, it gives me great pleasure to nominate Leslyn McBean-Clairborne for vice chair of
the 2006 Tompkins County Legislature."
Mr. Hattery nominated Mr. Sigler as Vice Chair, seconded by Mr. Randall. Mr. Hattery stated
Mr. Sigler would be capable of continuing Legislature leadership that he is known for in Lansing. Mr.
Randall said he has come to respect the phenomenal dedication exhibited by Mr. Sigler and that while he
may lack in experience this would be made up for by his passion and dedication.
Hearing no more nominations, it was MOVED by Mr. Booth, seconded by Ms. Robertson, and
unanimously adopted by voice vote, to close nominations.
A vote by show of hands to elect Mrs. McBean-Clairborne Vice Chair of the Legislature resulted
as follows: Ayes - 11 (Legislators Booth, Dennis, Herrera, Joseph, Kiefer, Koplinka-Loehr, Mackesey,
McBean-Clairborne, Robertson, Shinagawa, and Stevenson).
A vote by show of hands to elect Mr. Sigler Vice Chair of the Legislature resulted as follows:
Ayes - 4 (Legislators Hattery, Proto, Randall, and Sigler).
Mrs. McBean-Clairborne was declared Vice Chair of the Legislature for 2006.
Mr. Joseph introduced the camera crew to the new Legislators and the Public. He thanked
members for electing him chair and said he would do his best to ensure the function of the Legislature in a
cooperative and effective manner. Mr. Joseph then read the following statement:
Address to Legislature
"Thank you. I appreciate your support in choosing me as chair and will do my best to ensure that
we function cooperatively and effectively. We will, of course, have many differences. That is in the
nature of the work we do. But those differences can be an asset if they are handled respectfully and
productively.
"Many of the issues we face and much of what we do in the months ahead will be a continuation
of what we've been doing, because the issues and problems facing the County do not change simply
because many of the people do. We still face county property taxes that are too high, and the increases of
recent years were driven largely by state mandated expenditures. We have won some relief in the form of
a cap on growth in the local share of Medicaid but we remain vulnerable to other forms of cost shifting
and will continue working with other counties through our state association to resist this. As most people
are aware, County property tax is part of a much larger total bill that covers County, municipal and school
services. The overall structure of taxation in the state and nation has become too regressive and too
reliant on property tax. Congress has just passed new legislation that again cuts taxes for the wealthiest
while slashing services for the poorest. We have yet to see how these program cuts will affect our
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January 3, 2006
citizens, but we can be certain these cuts in Federal taxes and services will translate into increased
expenditures and taxes at the local level. To reverse this trend will require working effectively in
alliances with many other groups who share an interest in reasonable and progressive taxation.
"We have the opportunity to partner with a new district attorney and increase our efforts to make
our community safer and bring down our jail population. Her support will make existing programs more
effective and will make new initiatives possible. I would like to see us increase our efforts to help
inmates from our local jail and from state prison succeed in reintegrating into the community. Currently
we simply open the jail door and say goodbye. We can do better than that, and we must if we don't want
to see the same people coming right back. We must also ensure that the youth in our communities have
positive and productive choices available to counter the temptations of drugs, gangs and other dangers
they face. The guidance and opportunities we offer our young people are the most important factors that
influence their futures and the future of our community.
"Our economic development efforts have been quite successful in recent years. They have made
us a regional job center, and have led to business growth and new development in Ithaca as well as in
other parts of the County. TCAD is currently engaged in updating and implementing a County economic
development strategy. The IDA will be taking on three new members and will be reexamining its policies
and procedures, particularly around its density policy for the City.
"A housing shortage has been a long standing problem in our community. This is reflected in
high prices that have put decent housing out of reach for many working class families. A number of
projects, both completed and underway, have begun to relieve some of the shortage, but affordability
remains a problem. We must continue working to ensure the availability of adequate and affordable
housing for all the people who live here, as well as those who wish to live here but currently cannot.
"In this, as in many areas, other municipalities have greater authority and influence than the
County does. The County can be most effective by working with, and at times coordinating, the efforts of
others. Intergovernmental cooperation has long been a stated goal of virtually all local governments.
Near the end of last year we began discussions about a council of governments that could facilitate our
working together. I hope that this year will see the formation of such a council and the beginning of new
joint ventures as a result.
"We must increase the diversity of our workforce, so that it better reflects the community we
serve. This was a priority this past year, but so far we have only laid the groundwork for change.
Continuing this effort is critical, not only because justice and fairness demand it, but because it is
essential to providing quality service to all the people we represent.
"In order to accomplish any of this, we must first integrate 7 new members of the Legislature and
build an effective team that can govern, solve problems, and push forward new initiatives. Almost half of
the legislature is new, but they are a talented and capable group, most of whom have previous experience
in government. We have already had a few orientation meetings, but with today's meeting and the
formation of committees, we begin actually working together. The continuing members will provide
continuity and leadership in many areas. Leslyn McBean-Clairborne has stepped forward to fill role of
vice chair and many continuing members will chair committees. New members will bring new ideas and
new priorities that will gradually play a larger and larger role in setting our agenda and defining our
direction. Two are already being tapped to lead committees.
"As always, the efforts of the legislature are dependent on the hundreds of men and women who
work for the county and serve our citizens. They are the ones who make real the programs and initiatives
that we talk about. Often they are the ones who guide us in making the right choices. They are critical
members of the team that makes our county government a leader and an example in the state. I thank you
for choosing me to lead that team and look forward to an exciting and productive year together."
6
January 3, 2006
Mr. Joseph called upon Mrs. McBean-Clairborne to make a statement.
Mrs. McBean-Clairborne thanked Ms. Herrera and Mr. Dennis for their nomination. She said
often it is difficult to know what you have done and the influence you have had until someone notifies
you of it; she appreciated being reminded of some of the accomplishments. Mrs. McBean-Clairborne said
that her life has taken her in directions she had not planned and that she has learned to be able to "go with
the flow". She is proud and honored to have been chosen Vice Chair of the Legislature.
Mrs. McBean-Clairborne said she chose her seat location to be able to deliberately look to the
new and continuing members of the Legislature to assist in shaping the position which does not have
fully -defined responsibilities. Mrs. McBean-Clairborne is open and willing to listen to suggestions and
thoughts from others that could be put in place. She said that she will be continuing as Chair of the
Public Safety and the Workforce Diversity and Inclusion Committees, and that she will continue to work
diligently for the issues of social justice, human and civil rights, public safety, and most importantly
teamwork. She spoke of the importance of working as a team and said Mr. Winch, former Legislator,
spoke of the importance of communications. Mrs. McBean-Clairborne said she expects to work more on
communications with each other and noted that although people sometimes disagree it does not need to be
disagreeable.
She said although she is a City of Ithaca representative her movement has and will go beyond the
City; that it is about the people of the County and what is right. She emphasized that voting is a
responsibility and that it is important to be fiscally responsible as well as moving forward for things that
benefit not only her constituents, but everyone. She also stressed the importance of listening to the
residents of the County.
Mrs. McBean-Clairborne thanked the Chair for his confidence and said she looks forward to
building the team of Legislators to be even stronger than it has been. She also said she looks forward to
working with the new Legislators.
Expressions of Appreciation from Legislators
Mrs. McBean-Clairborne thanked her family for their continued support and recognition of the
areas of importance and movement to her and their desire to support her efforts.
Mr. Dennis thanked his wife, Karen, a teacher at Northeast school for her support, that he is glad
for her presence.
Ms. Mackesey thanked her husband, Thomas Mann, for his support and understanding and
expressed appreciation for his support.
Mr. Hattery thanked his wife Deborah, son Michael, and friend Jim Crawford, for their support.
Mr. Sigler thanked his wife, Sarah, and the voters in the Town of Lansing for their support. He
will do all he can to represent them well.
Mr. Randall thanked his wife, Phyllis, who acted as his campaign manager, for her efforts.
Mr. Shinagawa said during the election period he had spoken often of his siblings and
grandparents; at this time he wished to thank his parents who have been an inspiration to him. As a
young candidate he had not spoken much of them, now as a Legislator he was pleased to be able to
formally recognize all they had done. Mr. Shinagawa also thanked his brothers for their assistance during
his campaign.
7
January 3, 2006
Ms. Herrera acknowledged her parents and said although not with her family any more their
vision lives on through their children. In addition, she expressed her gratitude to her siblings and partner
whose support is essential to her work. Ms. Herrera thanked her community for their continued support.
Mr. Stevenson thanked his wife, Sherry and her daughter, Amiee, for their support and noted his
wife is a dedicated County employee.
Mr. Proto said appreciation should be given to family not able to attend and the families of staff
attending the meetings for their support. He also looks forward to working with Mrs. McBean-Clairborne
in her new capacity of Vice Chair of the Legislature.
Privilege of the Floor by the Public
Mrs. Clairborne of Caulfield, Kansas, said she is the proud mother-in-law of Mrs. McBean-
Clairborne and wanted to share that she has seen her handle meetings in terms of the people of the
community and not the desire of just the Legislature. She blessed Mrs. McBean-Clairborne for her work.
Privilege of the Floor by Legislators
Ms. Herrera, District No. 5 Legislator, reported the 24th Annual Human Rights Commission
Dinner will be held on Saturday, January 28, 2006, at 6:30 p.m. in Beverly J. Martin School gymnasium.
The keynote speaker will be Mr. Raymond M. Schlather, Attorney. During this meeting Mrs. McBean-
Clairborne will be the recipient of a special award. She said this is a very moving event that provides a
lot of information on the community.
Ms. Robertson, District No. 14 Legislator, expressed her gratitude to the retired Legislators. She
then spoke of an upcoming meeting on January 5, 2006, in the Dome Center in Rochester where Monroe
County has set up a public viewing of the variety of voting machines being considered in order to comply
with the Help America Vote Act. Municipal officials may view the equipment from 10 a.m. - 12 p.m.
New York State must make a choice in 2006. Both Digital Recording Equipment and Optical Scan
machines will be present.
Mrs. McBean-Clairborne, District No. 2 Legislator, spoke of the upcoming Martin Luther King
holiday and provided information on events. On Thursday, January 12th, Southside Community Center
will hold its annual luncheon at noon; Saturday, January 14th, Greater Ithaca Activities Center (GIAC)
will hold its annual breakfast; and on January 16th, a joint GIAC, Multicultural Center, Cornell
University, and other agencies will hold all -day celebration, at Beverly J. Martin School. The joint event
will include workshop discussions and other programs related to social justice affecting communities.
Mr. Koplinka-Loehr, District No. 11 Legislator, reported the initial dates of January 6 and 26 for
a Strategic Planning meeting between the Legislature and Department Heads are cancelled. At this time a
tentative date of February 1, 2006 has been chosen.
Mr. Booth, District No. 3 Legislator, said he appreciated the positive comments regarding County
employees. He then expressed his appreciation to the Legislature staff, noting he believes them to have a
high standard in terms of receiving and informing the community. In addition he said they are highly
competent, very courteous, amazingly even-handed, and cheerful to all. He said he believes they are a
strong set of assistants for the Legislators and wanted to thank them.
Mr. Randall, District No. 9 Legislator, said he had reflected on what it would be to be a Legislator
and found some quotes he believed to be pertinent: "When we understand the other fellow's viewpoint,
understand what he is trying to do, nine times out of ten he is trying to do right." - Harry S. Truman; and
"Once a mind has been stretched by new ideas it never returns to its original shape." - Oliver Wendell
8
January 3, 2006
Holmes. Mr. Randall said he would like his colleagues and fellow Legislators to help him to understand
and to stretch his mind.
Report from a Municipal Official
There was no municipal official(s) in attendance at this time.
Chair's Report and Appointment(s)
Mr. Joseph, Chair, reviewed the 2006 list of Standing and Special Committee assignments and
responsibilities. Mr. Joseph noted a draft schedule for Committee meetings had been provided and asked
members of the Legislature to review the information and meet with staff following the Legislature
meeting to note any questions or problems with the schedule. He reported a meeting with Committee
Chairs to discuss what the role of Chair is and how to carry out the responsibility would be set in the
future, prior to a regular Legislature meeting. Mr. Joseph then extended an invitation to members of the
Legislature to join Department Heads at their next regular meeting on January 11, 2006, between 10:00 -
10:30 a.m.
Mr. Joseph made the following appointments:
Tompkins County Area Development Board of Directors
Martha Robertson
Chamber of Commerce
Tim Joseph
Frank Proto, Alternate
Cornell Vet School Incinerator Project
Dooley Kiefer, Delegate
Beverly Livesay, Alternate
Ethics Advisory Board - Chair
Dooley Kiefer
Extension Service
Duane Randall
Local Advisory Board on Assessment Review
Caroline/Danby - Frank P. Proto
Newfield/Enfield - Greg Stevenson
Groton - Duane Randall
Dryden - Michael Hattery/Martha Robertson
Ithaca - Dooley Kiefer/Michael Koplinka-Loehr
Lansing - Michael Sigler/Dooley Kiefer
Ulysses - James Dennis
City of Ithaca - Nathan Shinagawa/Kathy Luz Herrera
Ithaca Metropolitan Planning Organization (Policy Committee)
Dooley Kiefer
Tompkins Cortland Community College Financial Oversight Committee
Duane Randall
Michael Hattery
9
January 17, 2006
Regular Meeting
Called to Order
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.
Reading by Tompkins County Poet Laureate
Ms. Michelle Berry, Tompkins County Poet Laureate, spoke of her work this last year, which
included working with schools, particularly middle schools, as well as participation in local events such
as walkers for healthcare reform. Ms. Berry thanked the Legislature for the ability to be Poet Laureate for
the County, and the Community Arts Partnership for their support and work related to youth poetry and
theatrical performances.
At this time Ms. Berry read several original poems.
Privilege of the Floor by the Public
Michael Coles, Town of Lansing resident, stated he has been a State certified appraiser and
evaluator for fifteen years. He was at Office of Real Property Services for two years with Mr. Whicher.
He completed Tompkins County for speaking of the tax levy and not just the tax rate. He spoke of his
discussions to numerous municipalities relating to annual reassessment programs and is familiar with the
issue. He believes that assessments in Tompkins County are much like other areas of the country. Mr.
Coles does not agree with triennial assessment as it may appear to be a form of tax relief but isn't. He
said assessment is not the issue, taxes are. Mr. Coles urged the Legislature to stay with annual
assessments as it is the fairest to all.
Herb Engman, Town of Ithaca resident, voiced agreement with Mr. Coles and expressed a desire
to continue with annual assessments. He has followed the discussions and has found no reason to switch
away from good public policy and does not see where a triennial assessment process would benefit
property owners in the County. In addition he expressed concern about the potential loss of State dollars
that are presently awarded to the County for undertaking annual assessments. He noted with changes to a
thee -year assessment the County may fire some staff but hire more still in the third year. He believes high
assessments are not a problem, that it is positive when selling homes; taxes are the issue. Mr. Engman
believes rather than changing to triennial assessment a shift in taxes should occur.
Cathy Valentino of the Town of Ithaca spoke of her experience preparing a budget as Supervisor
for the Town of Ithaca and how concerns are raised when revenue decreases. She reviewed the present
funding received from the State for annual assessments and what the loss would be to the department if
the assessment cycle were made triennial, and the cost of an annual assessment cycle with additional staff
added, and how it would carry through to 2007. Ms. Valentino did not see where any County tax dollars
or constituent dollars would be saved by elimination of the annual assessment cycle and noted funds
would need to be somehow brought in to make up any difference.
Allen Lambert, Fall Creek resident, said he believed triennial assessment to be the most fair, with
a net benefit, and community support. He believes he has heard more discussion on a potential revenue
loss rather than a benefit to the citizens. Mr. Lambert said there will always be some inequity with regard
16
January 17, 2006
to assessments, but that a triennial assessment would permit for a better averaging system in a volatile
market. He then shared his experience regarding assessment in his neighborhood and said he believes the
process is flawed as the interior conditions of dwellings may be significantly different and should be
taken into account. He believes the Assessment Department does a good job but feels the tax burden is
enormous and if not changed will result in the Toss of families in various communities.
Presentation of the Distinguished Youth Award
Mr. Shinagawa, District No. 4 Legislator, thanked Mr. Proto for his part in creating the
Distinguished Youth Award Program, and presented the January 2006 Distinguished Youth Award to the
1 -Town S.T.O.M.P (students taking on mapping programs) Team, consisting of Casey Grey, Josh Hubble,
Sharon Gami, and Chad Hamilton [Mentor Mike Smith]. This team undertook a project to identify
community issues, set a goal, chose an action, contacted stakeholders, formulated an action plan, took
action, evaluated the results, shared the information, and recognizing the efforts of all involved. As a
result of their work, it was determined there is a need for a youth -led Teen Center.
Privilege of the Floor by Legislators
Ms. Herrera, District No. 5 Legislator, spoke of the upcoming Light in Winter events taking place
this coming weekend. These events are a marriage of art, science, and music. She said this winter event
is very exciting and stimulating, and that it provides not only County residents but tourists a wonderful
opportunity.
Ms. Kiefer, District No. 10 Legislator, reported on the recent visit to Henrietta, New York, by
Ms. Herrera and herself to view a variety of voting machines that could possibly be recommended under
the Help America Vote Act (HAVA). She said the electronic touch -screen machines were not yet fully
equipped to meet the requirements of HAVA, which the vendors explained by saying they are waiting for
the State to specify the requirements. But the group afforded the opportunity to see an optical scan
machine paired with the automark machine designed for disabled individuals, which together should
satisfy HAVA. Ms. Kiefer said our Election Commissioners have not brought in machines locally as they
are awaiting certification of machines by the State. Ms. Kiefer said although the machines indicated they
are state-of-the-art, she is not yet reassured that the new systems would operate properly.
Mr. Proto, District No. 7 Legislator, reported that the Johnson Art Museum has been awarded a
National Endowments for Humanities grant in the amount of one-half million dollars. As a result of the
grant and an additional 2 million dollars that was raised, the museum will be constructing a new north
wing. He anticipates additional construction work for local individuals as a result of this project.
Mr. Koplinka-Loehr, District No. 11 Legislator, announced he would be attending the New York
State Association of Counties Legislative Conference on January 31, 2006.
Mrs. McBean-Clairborne, District No. 2 Legislator, thanked her colleagues and residents of the
County who participated in the Dr. Martin Luther King, Jr., Day events. She enjoyed the speakers,
especially Ms. Allen from New Orleans about the devastation from Hurricane Katrina, particularly the
level of segregation regarding the level of funding and building that is occurring. She asked that people
bear this in mind and continue to offer donations. Mrs. McBean-Clairborne then reported that Ms.
Herrera received the Community Dispute Resolution Center Peace Maker Award on January 14, 2006;
she noted that it was well deserved and she is proud of Ms. Herrera's work and receipt of the award.
Presentation of Resolution from the Government Operations Committee
17
January 17, 2006
It was MOVED by Mrs. McBean-Clairbome, seconded by Ms. Robertson, and unanimously
adopted by voice vote, to lift the following resolution from the table for consideration. RESOLUTION
LIFTED FROM THE TABLE.
RESOLUTION NO. 271 - DIRECTING TOMPKINS COUNTY DEPARTMENT OF
ASSESSMENT TO REVALUE REAL PROPERTY IN THE
COUNTY IN THREE-YEAR INTERVALS (RECONSIDERED
JANUARY 19, 2006 AND ADOPTED)
It was MOVED by Mr. Koplinka-Loehr, seconded by Ms. Herrera, to amend the resolution by
adding the following Resolved:
RESOLVED, further, That the Finance Director be authorized to appropriate $159,000 from the
Contingent Fund to the Assessment Department's budget Account No. 1355.43089 in order to offset the
loss of State aid resulting from the change to the three-year cycle,
Ms. Robertson was provided clarification that if approved the Assessment Department would lose
$159,000 in State aid in 2006.
A voice vote on the motion to amend the resolution resulted as follows: Ayes - 11; Noes - 4
(Legislators Booth, Joseph, Sigler, and Stevenson). AMENDMENT CARRIED.
Ms. Kiefer said she has a substitute resolution to offer; she indicated she would like to have
discussions prior to offering it.
Mr. Proto said a lot of information regarding one-year and three-year assessments has been
provided. He expressed appreciation to Mr. Shinagawa for the research and comments he provided to
fellow Legislators and asked that Mr. Shinagawa speak about the impact on rural properties.
Mr. Shinagawa shared information obtained from the New York State Office of Real Property
Services that indicated when assessments are completed on a three-year cycle, rural properties do not shift
as much as others. He qualified this statement by conducting research on the New York State Office of
Real Property Services website, discussions at previous meetings related to assessment, and a discussion
with Mr. Franklin, Assistant Director of the County Assessment Office. Based on his research and
discussions, he indicated there are two ways that triennial assessments adversely effect rural properties:
(1) since urban areas have a tendency to have more sales transactions that increase property values, the
rural property owner will be paying more toward the tax levy than they should as a result; and (2) in the
event an assessment is completed in the urban area where high-volume sales are taking place, the shift to
bring equality in the tax levy is done so by reducing the value of the rural property which places an
inequity on the rural property owner when attempting to sell real estate. Mr. Shinagawa also indicated
that areas of the County such as Fall Creek and Belle Sherman that have a lot of sales will be assessed in
the interim period and will have no benefit of the time period a triennial assessment cycle offers.
Mr. Sigler said he believes the debate over this topic to be a good debate, not contentious as some
may have indicated. He agreed to an extent with Mr. Shinagawa's statements, yet he wonders why the
County is stressing its employees to maintain an annual assessment cycle. He pointed out that even
though the County is on an annual cycle, some properties are revalued each year, while others are not due
to the uniqueness of the property (lake property, rural, etc.). He believes it comes down to comparable
assessments and that there will not be many differences. He believes if a one-year cycle is chosen
adequate staffing is required. He asked that a review of the letter from the New York State Office of Real
Property Services to the Tompkins County Department of Assessment awarding $159,000 for the 2005
annual revaluation be done to determine if they are in agreement on all four points noted; if so, vote for
18
January 17, 2006
one year. Mr. Sigler does not fully agree with them and feels if the State desires one-year assessments it
should be made permanent and appropriate funding provided.
Mr. Randall thanked Ms. Coggin and her staff for their accessibility and information provided;
and Mr. Shinagawa for his work as well. He then indicated that during the campaign assessment was a
key issue, and he like others championed the topic. Mr. Randall said as a community member
assumptions may be made based upon lack of or not enough information. Subsequently he has conversed
with assessment experts, who deal with the topic every day, and has become better informed. He said his
district is mainly rural and not considered an area to have high real estate sales, and would be hurt by
triennial assessments and he will not support it. He feels the Assessment Department does a great job,
and is understaffed. Mr. Randall believes individuals are not educated well to understand how to relate to
government.
Mr. Dennis expressed appreciation to the Assessment Department and Mr. Whicher for
information relating to assessment. He has had many individuals contact him regarding this issue and the
majority indicated a preference for a three-year cycle. With the knowledge he has learned he intends to
support the triennial assessments. He also appreciated Mr. Shinagawa's work that provided information
that included the effects on rural properties as well. He said people are just trying to get by financially.
He believes the real estate market will ultimately drive what people can sell their property for. He will
support the three-year cycle and feels it should be reviewed each year to determine how to best improve
the process.
Mr. Proto noted that at grievance days people ask what are the comparisons and he asked Mr.
Whicher what type of education and information regarding the assessment process and comparable
properties can be made available to residents. Mr. Whicher said the Assessment Department would
provide information to residents; he believes that if annual assessment is maintained there can be
improvements on the level of information and comparables for residents.
Mr. Joseph agreed this has not been a contentious debate but a long and difficult one due to the
issue of one-year versus three-year assessments being closely matched. If a three-year cycle, adjustments
would be made, if a one-year cycle, not all can be completed. He will support a three-year assessment
cycle, primarily to decrease the amount of debate regarding an issue he believes to be driven by the tax
rate rather than assessment cycle.
Ms. Herrera believes that a moral difference exists between the one-year to three-year assessment
cycles. She said areas such as Fall Creek are no longer affordable to working families and those who are
there can deal better with annual changes. She recommends listening to people who complain to their
representatives. Ms. Herrera is not sure if a three-year assessment cycle will have fewer unfair
assessments and feels any present problems may be due to cuts.
Mr. Booth was excused at this time (6:45 p.m.).
Ms. Robertson thanked Mr. Randall for his thoughts and comments. She then inquired what the
anticipated increase in cost would be if annual assessment cycles were chosen and staffing brought to an
adequate level. Mr. Whicher noted the figure used by Supervisor Valentino was an estimate he provided
if an additional appraiser and support staff position were added to the Assessment Department Staff. Ms.
Coggin indicated the $159,000 provided from the State for annual assessment requires the assessing unit
to meet certain criteria to qualify, it is not automatic. She said whether annual or triennial assessments
were chosen it would require a repositioning of staff within the department. If annual assessments were
chosen, it would require hiring at last one staff member, most likely a data collector with an approximate
cost of $29,000 plus benefits for a total approximate cost of $50,000 the first year. This would mean of
the $159,000, $109,000 would be left to offset local operating costs. Ms. Robertson did not feel it that
just adding one data collector seemed realistic, given what she has heard about the workload. Ms. Coggin
19
January 17, 2006
said that the staff had been pushed hard the last several years. If the market continues to increase there
could be a need for an appraiser as well for a total additional cost of $75,000, making to total for
additional staff $125,000 to stay with annual assessments.
Ms. Mackesey said trying to determine a fair way of doing things is difficult; annual assessments
provide aspects that are appealing; however, with the way the market values have been within the county
it is difficult to know what the future holds. In her discussions with constituents there was anxiety
expressed over the assessment issue. She is not certain that if the County went to a triennial assessment
that would not be distortions, however, she feels it is important to listen to constituents. If a one-year
assessment cycle were chosen she would support additional staff; however, she is in support of a three-
year assessment cycle.
Ms. Kiefer spoke of Ms. Mackesey's comments regarding taxpayer anxiety. She believes it is an
anxiety regarding taxes rather than assessment and taxies is what the Legislature should focus on, rather
than changing the assessment cycle. Ms. Kiefer noted the Assessment Department has done a good job of
providing formal and informal meetings to clarify the differences between assessment and tax levy. She
spoke of the reasons individuals gave to remain with annual assessment, the memo referred to from the
New York State Office of Real Property Services, and feels that communication is good. With regard to
grievance days, she noted they are informal at that point, and also stated that individuals who feel it is
important may invite assessors into their homes.
It was MOVED by Ms. Kiefer, seconded by Ms. Herrera, to offer the following substitute
resolution:
RESOLUTION NO. - DIRECTING TOMPKINS COUNTY DEPARTMENT OF ASSESSMENT
TO REVALUE REAL PROPERTY IN THE COUNTY IN ONE-YEAR
INTERVALS
WHEREAS, by Resolution No. 270 of 2005 the Tompkins County Legislature adopted a local
law providing that real property in the County shall be revalued at a uniform percentage of fair market
value and reviewed by the professional appraiser staff of the Department of Assessment at time periods
determined by resolution of the County Legislature, and
WHEREAS, the County Legislature believes that continuing with a time period of one year
serves the best interest of the County and its residents, now therefore be it
RESOLVED, on recommendation of the Government Operations and the Budget and Capital
Committees, That all property in the County of Tompkins shall be revalued at a uniform percentage of
fair market value and reviewed by the professional appraisers staff of the Department of Assessment
annually.
SEQR ACTION: TYPE 11-20
Mr. Shinagawa said although it is unsettling to get assessment notices, a triennial cycle will not
prevent this from occurring and asked how often this could occur. Ms. Coggin said notices would be sent
annually as changes occur, that it would be the same as with the annual cycle, however adjustments to the
100 percent would occur. Mr. Shinagawa asked if it were possible to indicate how the past three years
would have been handled if on a three-year cycle and was informed it is difficult to have projected as
many factors are considered in a single assessment. Mr. Shinagawa said he believes people are under a
misconception that a triennial cycle will eliminate annual notices, residents think they will have relief
when in fact it does not occur.
Mr. Hattery thanked the City Legislators for pointing out what may occur with slower moving
rural properties. He feels it is important to deal with administrative reform to cut costs; that it should be
moved on and not assume changes in assessment will change tax bills. He is not in support of a three -
20
January 17, 2006
year cycle as he believes the issue is County spending, not the schedule of assessments. Mr. Hattery
would like to seek ways to reduce costs and develop a policy to make it easier to structure and file a
grievance.
Mr. Koplinka-Loehr spoke of a survey of other counties by New York State Association of
Counties that indicated Tompkins County is not alone regarding this issue. He stated twelve counties that
do three-year assessments have indicated they are contemplating a switch to an annual assessment
program, to give relief — or the illusion of relief.
Ms. Robertson did not feel funding for a three-year cycle would be eliminated. She will support a
three-year cycle, noting residents' frustration and anxiety of receiving an annual letter.
A voice vote on the motion to approve the substitute resolution resulted as follows: Ayes - 7
(Legislators Hattery, Herrera, Kiefer, Koplinka-Loehr, Proto, Shinagawa, and Randall); Noes - 7
(Legislators Dennis, Joseph, Mackesey, McBean-Clairborne, Robertson, Sigler, and Stevenson); Excused
- 1 (Legislator Booth). MOTION FAILED.
It was MOVED by Mr. Proto to amend the original resolution by adding an additional resolved as
follows:
RESOLVED, further, That the Assessment Department will move to review the grievance
process with the intent of expediting it.
There was no second to the motion. MOTION FAILED FOR LACK OF SECOND.
A brief discussion occurred relating to the possibility of a tie vote. It was explained the resolution
would require eight votes to pass. Mr. Whicher noted the Legislature needed to determine the course of
action for the Assessment Department immediately in order to properly carry out their duties.
A roll call vote on the original resolution resulted as follows: Ayes - 7 (Legislators Dennis,
Joseph, Mackesey, McBean-Clairborne, Sigler, Stevenson, and Robertson); Noes - 7 Legislators Hattery,
Herrera, Kiefer, Koplinka-Loehr, Proto, Randall, and Shinagawa); Excused - 1 (Legislator Booth).
RESOLUTION FAILED.
WHEREAS, by Resolution No. 270 of 2005 the Tompkins County Legislature adopted a local
law providing that real property in the County shall be revalued at a uniform percentage of fair market
value and reviewed by the professional appraiser staff of the Department of Assessment at time periods
determined by resolution of the County Legislature, and
WHEREAS, the County Legislature believes that a time period of three years serves the best
interest of the County and its residents, now therefore be it
RESOLVED, on recommendation of the Government Operations and the Budget and Capital
Committees, That all property in the County of Tompkins shall be revalued at a uniform percentage of
fair market value and reviewed by the professional appraisers staff of the Department of Assessment at
three-year time intervals.
SEQR ACTION: TYPE 11-20
A discussion occurred regarding the need to resolve the assessment issue. It was noted that it
would require the full Legislature to be present and that a meeting date would be set to act upon the
matter.
Report from a Municipal Official
21
January 17, 2006
There was no municipal official(s) in attendance at this time.
Chair's Report
Mr. Joseph, Chair, did not have a report.
Report from the County Administrator
Mr. Whicher provided members of the Legislature with emergency contact numbers for staff. He
said in all the time he has worked for the County he views the discussions relating to assessment was the
best debate, although the toughest one. Mr. Whicher reported the search has begun for a Deputy County
Administrator. Members of the Search Committee are Tim Joseph, Anita Fitzpatrick, Schelley Nunn,
Patricia Carey, David Squires, Norma Jayne, and himself. He hopes to have a final appointment
determined by early April.
Report from the County Attorney
Mr. Wood did not have a report.
Report from the Finance Director
Mr. Squires did not have a report.
Addition of Resolution(s) to the Agenda
There were no resolution(s) added to the agenda.
Withdrawal of Resolution(s) from the Agenda
There were no resolutions withdrawn from the agenda.
Approval of Resolution(s) Under the Consent Agenda
There were no resolutions under the Consent Agenda.
Approval of Appointment(s) Under the Consent Agenda
There were no appointments under the Consent Agenda.
Report from the Personnel Committee
Mr. Dennis, Chair, reported the Committee met January 11, 2006, and was provided a
presentation from Ms. Fitzpatrick, Commissioner of Personnel, and Mr. Estes, Deputy Commissioner of
Personnel. on the organization and the function of the Personnel Department. He requested any
Legislator having a personnel issue that needs review to submit it to Mrs. Covert to enable the Personnel
Committee to discuss the matter. Mr. Dennis said some of the issues previously covered by the
Workforce Diversity and Inclusion Committee will be handled in the Personnel Committee. He
expressed appreciation to Ms. Fitzpatrick and Mr. Estes for the fine work in presenting material to the
Committee.
Report from the Government Operations Committee
22
January 17, 2006
Ms. Herrera, Chair, reported the Committee had a special meeting on January 10, 2006, to discuss
the information received and answer questions related to the assessment cycle resolution presented this
evening. The next meeting will be on January 18, 2006, at which time a report will be heard on the voting
machines viewed by Ms. Kiefer and herself as well as a variety of other topics. Ms. Herrera said if any
Committee has questions regarding policies they should notify her so the Committee can address the
issue.
Report from the Library Committee
Mr. Joseph, Chair, reported the Library Committee met on January 12, 2006, and started the
process of what are the issues between the County and the Library. He said everyone agreed it was a
good discussion. On January 27, 2006, the Committee will meet again to discuss services provided and
how best to make a budget presentation that provides the Legislature real choices about Library services.
Report from the Budget and Capital Committee
Mr. Koplinka-Loehr, Chair, reported the Committee met January 9, 2006, at which time they
reviewed the processes for the new Legislators. In addition, at the meeting Mr. Hattery was named
liaison to the Tompkins Cortland Community College. Mr. Koplinka-Loehr said at the January 23, 2006,
meeting the tutorial of the budget process will continue and include information on things such as the
fiscal target. He also reported that as budget setting is tied to planning, the annual budget retreat is set for
Thursday, April 27th, with the tentative time of 6:00 p.m. - 9:00 p.m.
Report from the Strategic Planning Committee
Mr. Koplinka-Loehr, Chair, said there was a meeting with Department Heads. The topic of
initiatives over the past five to ten years was discussed, and in particular, how does the Legislature
respond and where should they be taken. It was determined that a meeting between Department Heads
and Administration take place to sort out communication issues, trust, etc. This meeting will occur on
February 1, 2006.
Report from the Public Safety Committee
Mrs. McBean-Clairborne, Chair, did not have a report. The Committee will meet on February 2,
2006.
Report from the Workforce Diversity and Inclusion Committee
Mrs. McBean-Clairborne, Chair, did not have a report. The Committee will meet on January 25,
2006.
Report from the Health and Human Services Committee
Mr. Proto, Chair, said the first Committee meeting will take place on January 31, 2006. He
reported that on January 28, 2006, the Human Rights Commission will hold its annual dinner; on January
26, 2006, a Better Housing Training Session will take place at the Ramada Inn to discuss the business of
municipal officials and tools for affordable housing; and that a FEMA grant of almost $36,000 had been
received at the Human Services Coalition which will be distributed to the appropriate agencies in the near
future.
Report from the Facilities and Infrastructure Committee
Mr. Randall, Chair, said the Committee will meet on January 24, 2006.
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January 17, 2006
Report and Presentation of Resolution(s) from the Planning, Development and Environmental
Quality Committee
Ms. Robertson, Chair, said the Committee met briefly prior to the meeting to address the
resolution being presented. The Committee will meet on January 19, 2006, and she extended an
invitation to new members of the Legislature to attend a portion of the meeting relating to
department/agency reporting. In addition, discussions will take place related to possible amendments to
the Beautification Grants process.
RESOLUTION NO. 5 - APPOINTMENTS TO INDUSTRIAL DEVELOPMENT AGENCY
MOVED by Ms. Robertson, seconded by Mr. Dennis.
It was MOVED by Mr. Proto, seconded by Mr. Randall, to nominate Jean McPheeters to the
position of Chair of the Industrial Development Agency.
Ms. Robertson stated this nomination was also made at the Committee meeting and failed by a 3-
2 vote. She spoke of Mr. Joseph's leadership ability and the importance of his leadership during this year
when issues regarding the City density policy will be present. She believes Mr. Joseph to be the best
choice. In addition, she said the Industrial Development Agency is a County agency and it is appropriate
to have a County representative in the position; she does not believe it would be appropriate for an
individual representing private businesses fill the position.
Mr. Proto stated his nomination was in no way disrespectful to Mr. Joseph. He said he has
worked with Ms. McPheeters in a number of capacities and knows her level of involvement at both the
State and Federal levels as well as her exposure locally with the Board of Cooperative Education Services
(BOCES). Mr. Proto believes she brings a countywide perspective as well as a business perspective, and
would provide exemplary leadership in a number of areas. Mr. Proto stated he did not have a recollection
that the Chair of the Industrial Development Agency was recommended by a Standing Committee such as
Planning, Development and Environmental Quality; that the Legislature is the body who appoints a Chair.
Mr. Joseph indicated past appointments have been done in the same fashion as the resolution before the
Legislature.
In response to Mr. Sigler's question, it was noted that the recommended individuals not on the
Legislature were Ms. McPheeters, Mr. Cogan, and Mr. Furman.
Mr. Dennis said in most other situations he could support the recommendation of Ms.
McPheeters, however, his sense is that Mr. Joseph has done a fine job as a leader and he will support him.
At this time Mr. Proto requested and was granted permission to withdraw his motion. MOTION
WITHDRAWN.
A voice vote on the resolution as presented resulted as follows: Ayes - 13; Noes - 1 (Legislator
McBean-Clairborne); Excused - 1 (Legislator Booth). RESOLUTION ADOPTED.
WHEREAS, Section 856 of the General Municipal Law authorized that the Tompkins County
Legislature designate the members of Industrial Development Agency by resolution, now therefore be it
RESOLVED, on recommendation of the Planning, Development and Environmental Quality
Committee, That the following members be appointed to the Industrial Development Agency to serve at
the pleasure of the Board, effective immediately:
Kathy Luz Herrera - Member, Tompkins County Legislature (City representative)
Tim Joseph - Member, Tompkins County Legislature (Rural representative)
Mike Hattery - Member, Tompkins County Legislature (Rural representative)
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January 17, 2006
Martha Robertson - Member, Tompkins County Legislature (Rural representative)
Jeff Furman - At -large member
Dan Cogan - At -large member
Jean McPheeters - Tompkins County Area Development Board of Directors representative
RESOLVED, further, That Tim Joseph serve as the Chair of the Industrial Development Agency,
RESOLVED, further, That the Clerk of the Legislature is authorized and directed to file with the
Secretary of State a Certificate of Appointment.
SEQR ACTION: TYPE 1I-20
Approval of Minutes
It was MOVED by Mrs. McBean-Clairborne, seconded by Mr. Koplinka-Loehr, and unanimously
adopted by voice vote by members present, to approve the minutes of January 3, 2006. MINUTES
APPROVED.
Adjournment
On motion, at 7:45 p.m., the meeting adjourned on a day-to-day basis.
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January 19, 2006
Adjourned Meeting
Called to Order
Chair Joseph called the meeting to order at 2:33 p.m.
Present: 15 Legislators.
Reconsideration of Resolution No. 271 of 2005
RESOLUTION NO. 271 - DIRECTING TOMPKINS COUNTY DEPARTMENT OF
ASSESSMENT TO REVALUE REAL PROPERTY IN THE
COUNTY IN THREE-YEAR INTERVALS
MOVED by Mr. Booth, seconded by Mrs. McBean-Clairborne, and unanimously adopted by
voice vote, to reconsider the following resolution. It was MOVED by Mr. Koplinka-Loehr, seconded by
Ms. Herrera, to add the following Resolved: "RESOLVED, further, That the Finance Director be
authorized to appropriate $159,000 from the Contingent Fund to the Assessment Department's budget
Account No. 1355.43089 in order to offset the loss of State aid resulting from the change to the three-year
cycle,". A voice vote resulted as follows: Ayes - 11 (Legislators Dennis, Hattery, Herrera, Kiefer,
Koplinka-Loehr, Mackesey, McBean-Clairborne, Proto, Randall, Robertson, and Shinagawa); Noes - 4
(Legislators Booth, Joseph, Sigler, and Stevenson). MOTION CARRIED.
It was MOVED by Ms. Kiefer, seconded by Mr. Koplinka-Loehr, to approve the following
substitute resolution:
RESOLUTION NO. - DIRECTING TOMPKINS COUNTY DEPARTMENT OF ASSESSMENT
TO REVALUE REAL PROPERTY IN THE COUNTY IN ONE-YEAR
INTERVALS
WHEREAS, by Resolution No. 270 of 2005 the Tompkins County Legislature adopted a local
law providing that real property in the County shall be revalued at a uniform percentage of fair market
value and reviewed by the professional appraiser staff of the Department of Assessment at time periods
determined by resolution of the County Legislature, and
WHEREAS, the County Legislature believes that continuing with a time period of one year
serves the best interest of the County and its residents, now therefore be it
RESOLVED, on recommendation of the Government Operations and the Budget and Capital
Committees, That all property in the County of Tompkins shall be revalued at a uniform percentage of
fair market value and reviewed by the professional appraisers staff of the Department of Assessment
annually.
SEQR ACTION: TYPE 11-20
A voice vote on the substitute resolution above resulted as follows: Ayes - 7 (Legislators Hattery,
Herrera, Koplinka-Loehr, Kiefer, Proto, Randall, and Shinagawa); Noes - 8 (Legislators Booth, Dennis,
Joseph, Mackesey, McBean-Clairborne, Robertson, Sigler, and Stevenson). MOTION FAILED.
Further discussion followed and Mr. Proto stated that he supports one-year assessments. He said
the problem is the tax rate not the assessments. The process needs to be streamlined for people who want
to protest their assessment. Individuals are stressed with having to try to provide the necessary
information and attend the grievance hearings to appeal their assessment. He also feels there needs to be
continued education of the process and that the Assessment Department needs to continue to provide
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January 19, 2006
information to help individuals as much as possible. Mr. Whicher assured Mr. Proto that this would
happen.
Ms. Robertson requested the Government Operations Committee to look at this and the letter that
is sent out to individuals about the assessment. Ms. Herrera said the Committee has talked about this and
commented there are restrictions on what can go on the notices.
A voice vote resulted as follows on the resolution: Ayes - 8 (Legislators Booth, Dennis, Joseph,
Mackesey, McBean-Clairborne, Robertson, Sigler, and Stevenson); Noes - 7 (Legislators Hattery,
Herrera, Kiefer, Koplinka-Loehr, Proto, Randall, and Shinagawa). RESOLUTION ADOPTED.
WHEREAS, by Resolution No. 270 of 2005 the Tompkins County Legislature adopted a local
law providing that real property in the County shall be revalued at a uniform percentage of fair market
value and reviewed by the professional appraiser staff of the Department of Assessment at time periods
determined by resolution of the County Legislature, and
WHEREAS, the County Legislature believes that a time period of three years serves the best
interest of the County and its residents, now therefore be it
RESOLVED, on recommendation of the Government Operations and the Budget and Capital
Committees, That all property in the County of Tompkins shall be revalued at a uniform percentage of
fair market value and reviewed by the professional appraisers staff of the Department of Assessment at
three-year time intervals,
RESOLVED, further, That the Finance Director be authorized to appropriate $159,000 from the
Contingent Fund to the Assessment Department's budget Account No. 1355.43089 in order to offset the
loss of State aid resulting from the change to the three-year cycle,
RESOLVED, further, That the fiscal target of the Assessment Department be adjusted by
$159,000.
SEQR ACTION: TYPE 11-20
Executive Session
It was MOVED by Mr. Dennis, seconded by Ms. Robertson, and unanimously adopted by voice
vote, to hold an executive session to discuss collective bargaining. An executive session was held from
2:48 p.m. to 2:58 p.m.
Adjournment
The meeting adjourned at 2:58 p.m.
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February 7, 2006
Regular Meeting
Called to Order
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: 13 Legislators. Excused: 2 (Legislators Proto and Randall).
Privilege of the Floor by the Public
Matthew Braun, Executive Director of The History Center, said he and Mr. Suter, Chairman of
the Board of Directors for The History Center, were pleased to attend the meeting and share information
on The History Center and the newly displayed quilt from the Mulholland Quilt Collections.
Approximately every six months The History Center will bring a new quilt to display. This quilt had
been created by Mrs. Wright and Mr. Coulter's combined 5th and 6th grade class at West Hill Elementary
School during the 1975-1976 school year to commemorate the United States Bicentennial. Each square is
the year the state joined the union, the name of the state, the order in which it joined, an image of the state
territory with the capital city marked, the state plant or flower, and the state bird. Each student working
on the square added his or her name to the block. Mrs. Wright's daughter, Carolyn Wright Corson,
donated the quilt to the collection in January 2006.
Mr. Suter thanked the Legislature for the opportunity to speak of The History Center. He said
that under Mr. Braun's leadership The History Center has made a marvelous transition and has become
better known, with many positive changes taking place. Mr. Suter reported that in 2005, over 900
individuals did research within their library and that over 1,000 fourth-grade students participated in
historical recreation of school days in the eight -cornered schoolhouse. In addition, the student -historian
program provides the opportunity for high-school students to research and write published articles about
local history and other events such as Hurricane Katrina. Mr. Suter indicated that although The History
Center is progressing toward its goal of a self-sustaining funding stream, it is not yet to that point and still
relies on the County to assist in preserving the history of Tompkins County.
Ms. Blanchard, Executive Director of the Municipal Electric and Gas Alliance (MEGA), reported
that former Executive Director Stuart Stein has vacated that position within MEGA to undertake other
initiatives and ideas for the consortium. She provided brochures to the Legislators with basic information
on MEGA, which is a not-for-profit organization, noting that presently 8 member counties are being
served with several more to join, 85 municipal governments and schools, and over 1,000 businesses, not -
for -profits, and other organizations. At this time, a total of over 5,000,000 kWh have been purchased at a
fixed rate for a savings of $1,877,000 over an eight-month period, of which $120,550 was saved by
Tompkins County. Ms. Blanchard stated her purpose in attending tonight was to provide a check from
MEGA in the amount of $2,000 toward the purchase of wind energy for the County.
Ms. Blanchard said she is proud to make a five-year commitment with the County for the
purchase of wind energy and spoke of an article appearing in last week's Ithaca Journal about the
purchase. Tompkins County and the City of Ithaca are the first City and County pair in the State to make
this commitment. She said the County will be receiving additional $2,000 payments in 2007 and 2008.
John Bentkowski, City of Ithaca resident, provided Legislators with copies of a letter he sent to
the State Attorney General's office relating to a legal question of voting authority for the Industrial
Development Agency, and one letter to Mr. Stamm of Tompkins County Area Development regarding the
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February 7, 2006
College Circle Apartment abatements. In addition, Mr. Bentkowski offered suggestions on ways to cut
expenses within the County, primarily through the reductions of staffing in the Administration and
Assessment offices, and reducing the number of seats on the Legislature.
Privilege of the Floor by Legislators
Ms. Robertson, District No. 13 Legislator, spoke of mail she received that appears to be from the
Federal Emergency Management Agency (FEMA) that contained information relating to flood insurance
coverage as well as providing the name of a particular agent in Elmira offering this coverage. She has
made calls to attempt to determine the origin of the document and whether it is endorsed by FEMA. She
said if it is endorsed, she questions the inclusion of a private business being promoted by taxpayer dollars.
Ms. Robertson then spoke of the death of Betty Friedan, author of "The Feminine Mystique" and women's
rights activist. Ms. Robertson said Ms. Friedan's insights in 1963 rang true for millions of women and
how she was a catalyst in the women's movement.
Mrs. McBean-Clairborne, District No. 2 Legislator, thanked Ms. Robertson for remembering the
importance of Ms. Friedan. She then asked that people also remember Coretta Scott King, wife of the late
Martin Luther King. She spoke of February being Black History Month and how Ms. King continued on
with the work of her husband and that her work will be missed. Mrs. McBean-Clairborne provided
members of the Legislature with a Black History Month bookmark developed at the Greater Ithaca
Activities Center (GIAC) and asked that the information be shared with others. She shared a quote from
Marian Anderson, a black vocal performer, "Prejudice is like a hair across your cheek. You can't see it,
you can't find it with your fingers, but you keep brushing at it because the feel of it is irritating."
Mr. Dennis, District No. 15 Legislator, expressed appreciation to The History Center for sharing
information. He said as a former educator, he had firsthand knowledge of what a wonderful resource the
eight -sided schoolhouse was. He is happy to see that The History Center is moving ahead and
reinventing themselves.
Mr. Shinagawa, District No. 4 Legislator, expressed appreciation to the student population and
residents of his district. He said it is the union between the long-term residents and student population
that provide the two qualities of wisdom and idealism. Mr. Shinagawa then spoke of how he believes
there is a revolutionary change, taking place throughout local government, with an increase in
representatives below the age of 25. He believes that Tompkins County has a new vibrant energy with a
younger generation that cares about its community. He believes the new term "social investing" should
become a common term relating to providing funding to programs that will save the County money as
well as help reap rewards in the future. Mr. Shinagawa stated that although he is young, he is committed
to the entire County and will be considerate of the rich diversity in the social, economic, and geographic
background of the County.
Mr. Koplinka-Loehr, District No. 11 Legislator, reminded residents of the referendum election for
the Tompkins County Public Library taking place.
Ms. Kiefer, District No. 10 Legislator, spoke of the organizational meeting of a Fingerlakes
chapter of New Yorkers for Verified Voting organizational meeting taking place this evening. She said
this organization is dedicated to assist in providing information to help the State make the right choices
with relation to the Help America Vote Act.
Report from a Municipal Official
Ms. Coles, City of Ithaca Council Member, introduced herself to the new members of the
Legislature. She spoke of the City holding a Public Forum to discuss the proposal of renaming State
Street to Martin Luther King Boulevard. She said between 135 and 150 individuals participated, with
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February 7, 2006
numerous viewpoints on the issue. The City of Ithaca Board of Public Works will review the information
as they are responsible to determine whether the name should be changed. Ms. Coles believes the name
should be changed.
Ms. Coles reported the Mayor has held two meetings with Common Council to discus the City
density policy that was submitted to the Industrial Development Agency. She believes it provides the
ability to provide environmental and conceptual foresight to determine the future of the City.
She reported that work is complete on the proposal for Southwest Park and she will be providing
a copy of the final plan.
Ms. Coles also reported that the City is still considering what to do with regard to the water
treatment plant and is awaiting word from the consultant that is undertaking a review of two possibilities.
Also under discussion is the panhandling ordinance; merchants and shoppers on the Commons are feeling
imposed by behaviors and an important determination will be the definition of "aggressive panhandling".
Chair's Report
Mr. Joseph reported the resolution requesting the State to authorize legislation for a real estate
transfer tax is being offered by Assemblywoman Lifton and Senator Winner in the current session. He
will inform the Legislature of its progress. He then reported on his attendance at the New York State
Association of Counties (NYSAC) Legislative Conference this past week. Mr. Joseph reported there was
a great deal of discussion regarding the budget and health care costs. He said one impact of the cap on
local share for Medicaid is that the State is now responsible for increased costs. As a result, there are
proposals for cutting the Medicaid costs within the budget, primarily in the reimbursement rates for
hospitals and nursing homes. Many counties are concerned as they hold ownership of these facilities and
it would be another way the State would pass the cost to the local level. In addition, discussions took
place relating to the parole population in local jails. Many individuals paroled by the State are placed in
local facilities when a parole violation occurs. The result is the local government is responsible for
housing them until a conviction is made. Often they are re -paroled and the process repeats itself for
several years. Locally, ten to fifteen percent of the population is in this category. A top priority for
NYSAC this year is to get the State to take over the responsibility for them in some manner, either by
paying for them or holding them in a State facility.
Ms. Herrera reported on her attendance at a Census Workshop at the NYSAC Conference. She
found it interesting and intriguing to see the challenges of counting the population and the manner in
which the County's GIS information is used to calculate figures in the census. Ms. Herrera also reported
her attendance at a labor workshop that allowed her to learn more about the Public Employee Relation
Board (PERB).
Mrs. McBean-Clairborne was excused at this time (6:17 p.m.).
Mr. Booth asked if any information was provided regarding the New York City school payments.
Mr. Joseph said the Governor appealed the lawsuit and that nothing additional has occurred.
Ms. Robertson requested clarification of the Medicaid cap. It was explained that the County cost
increases are at a fixed rate, with any increases or decreases passed to the State.
Ms. Robertson then inquired what information was provided from the jail construction panel. Mr.
Joseph reported that he had been a panelist. The three Commissioners were not present and had sent staff
to participate in the discussions. The discussions included the role of the State Corrections office and
what they have done the past several years. He said they made a reasonable point that variances were
meant to be a temporary measure to deal with a problem and that their office is pushing to take care of the
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February 7, 2006
problems that led to the variances. Mr. Joseph expressed his thoughts that the State Corrections
Commissioners should accept the process of reducing jail population versus building a larger structure.
He said the State has the authority to make a decision to withdraw variances, however, they do not have
the authority to tell counties what size jail to build and force them to do so. Mr. Joseph said since the
State Corrections office can prevent construction projects as they require State approval they have done
so. The panel felt that the State should not have control over size, but rather a minimum standard and
how they are operated. In general, the State could say they will not permit overcrowded jails and let the
County make a choice of building on or boarding out.
Mr. Joseph told the panel since our county has not gone ahead with the State recommendations
for construction we have undergone what some would consider petty harassment by the Commissioner's
office. Ms. Herrera said that it was pointed out that the Legislators of the counties, as elected officials
responsible for the budget, should make the decisions necessary regarding jail operation. She felt this was
a significant statement to make.
Ms. Robertson asked whether the group of county personnel and NYSAC officials meeting to
discuss the matter had made progress. Mr. Joseph said that this group appears to be undertaking the
parolee issue.
Chair's Appointment
Mr. Joseph made the following appointment:
Extension Service
Greg Stevenson; term expires December 31, 2006
County Administrator's Report
Mr. Whicher requested an executive session to discuss CSEA Blue Collar Contract Negotiations.
He then reported that two meetings have taken place by the Deputy County Administrator Search Team.
There has been extensive advertising and approximately fifty applications have been received. Mr.
Whicher said Legislators interested in reviewing these applications may do so in the Personnel Office.
He said there is a summary sheet if they desire to use one.
Mr. Whicher announced the resignation of Wendy Skinner, Public Information Officer, who will
be taking a position at Tompkins Consolidated Area Transit (TCAT). He spoke very highly of the work
and recommendations received by Ms. Skinner and wished her well and announced there will be a
reception for her on Friday, February 10th.
Mr. Koplinka-Loehr asked if the Legislature would be involved in the interviews of the final three
candidates for the Deputy County Administrator position. Mr. Whicher said there had been mixed
interest in doing so. Mr. Joseph said the final candidates would meet the Legislature, and those who
desire earlier involvement may undertake the application reviews.
County Attorney's Report
Mr. Wood did not have a report.
Finance Director's Report
Mr. Squires reported he has been busy with preparation of the anticipated large response to the
bids for the Public Safety Communication Project. In addition, he will be undertaking the financing for
bonds next month, which will be subject to a rating review. He noted the County has the highest rating
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February 7, 2006
available in Central New York, and the second highest in the State. He said although all the finance
reports for the year are not yet completed he is optimistic that the County's rating will be maintained. Mr.
Squires said he hopes to have all work completed related to the Energy Performance Contract resolution
appearing on the agenda by the end of the month. In addition, he noted the bond rating will be
approximately the same as for a long-term loan, which is beneficial to the County. The Public Safety
Communication Project funding will be a lease arrangement that will provide more flexibility than a bond
agreement. Mr. Whicher clarified it is actually a lease -purchase financing arrangement.
Resolutions to be Added to the Agenda
It was MOVED by Mr. Koplinka-Loehr, seconded by Ms. Robertson, and unanimously adopted
by voice vote by members present, to add the following resolutions to the agenda:
• Authorization of a Lease Financing Agreement with Banc of America Leasing & Capital,
LLC. For Energy Performance Contract
• Ratification of Bargaining Agreement Civil Service Employees Association, Blue Collar Unit
Resolutions to be Withdrawn from the Agenda
There were no resolutions withdrawn from the agenda.
Approval of Resolution(s) Under the Consent Agenda
It was MOVED by Mr. Booth, seconded by Ms. Mackesey, and unanimously adopted by voice
vote by members present, to approve the following resolution(s) under the Consent Agenda:
RESOLUTION NO. 6 - AUTHORIZING THE EXTENSION OF AUDIT CONTRACT WITH
CIASCHI, DIETERSHAGEN, LITTLE, & MIKELSON, LLP
MOVED by Mr. Booth, seconded by Ms. Mackesey, and unanimously adopted by voice vote by
members present, under the Consent Agenda.
[Mr. Proto, although absent, provided this statement for the record: With regard to Resolution No.
6 - Authorizing the Extension of Audit Contract with Ciaschi, Dietershagen, Little, & Mikelson, LLP, I
wish to disclose a partner relationship with Mr. John Dietershagen in a business capacity, although other
than the accounting firm. Had I been at tonight's meeting I would ask to refrain from voting on the
resolution for this reason.]
WHEREAS, governmental accounting standards and financial reporting requirements are
becoming more complex, and
WHEREAS, Tompkins County will be required to implement the provisions of Government
Accounting Standards Board (GASB) 45 which provides information on the cost of providing benefits to
retired employees, and
WHEREAS, the modification of financial reporting for compliance with GASB 45 will be
required before December 31, 2006, and
WHEREAS, our current auditor, Ciaschi, Dietershagen, Little, & Mikelson, LLP, has a
significant understanding of the County's financial reporting systems which would enhance the County's
effort to implement the new accounting standard for reporting of post -employment benefits, now
therefore be it
RESOLVED, on recommendation of the Government Operations Committee, That the Director
of Finance is authorized to accept a proposal for contract extension of the audit engagement with Ciaschi,
Dietershagen, Little, & Mikelson, LLP, for the years 2005 — 2006.
SEQR ACTION: TYPE II -20
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February 7, 2006
RESOLUTION NO. 7 - ADOPTION OF CASH MANAGEMENT AND INVESTMENT POLICY
MOVED by Mr. Booth, seconded by Ms. Mackesey, and unanimously adopted by voice vote by
members present, under the Consent Agenda.
WHEREAS, Article 2 -Section 10 of the General Municipal Law requires each local government
to authorize depositories for public funds, and
WHEREAS, Article 2 -Section 11 of the General Municipal Law requires each local government
to authorize Permitted Investments for public funds not required for immediate expenditure, and
WHEREAS, Article 3 -Section 39 of the General Municipal Law requires each local government
to adopt a comprehensive investment policy which details the local governments operative policy and
instructions to officers and staff regarding the investment of public funds, and that the Investment Policy
shall be annually reviewed by the local government, now therefore be it
RESOLVED, on recommendation of the Government Operations Committee, That the Cash
Management and Investment Policy dated January 2006, is hereby adopted.
SEQR ACTION: TYPE 11-20
RESOLUTION NO. 8 — APPOINTMENT OF TEMPORARY BOARD OF ASSESSMENT
REVIEW HEARING MEMBERS TO SERVE ON
ADMINISTRATIVE HEARING PANELS
MOVED by Mr. Booth, seconded by Ms. Mackesey, and unanimously adopted by voice vote by
members present, under the Consent Agenda.
WHEREAS, the Department of Assessment had entered into an annual reassessment program with
the New York State Office of Real Property, and
WHEREAS, Real Property Tax Law 523-a permits the County Legislature to appoint up to six
Temporary Board of Assessment Review members to serve on Administrative Review Panels, and
WHEREAS, Real Property Tax Law 523-a permits the compensation of Temporary Board of
Assessment Review Members, now therefore be it
RESOLVED, on recommendation of the Government Operations Committee, That six Temporary
Board of Assessment Review Members, namely Alice Moore, Edward Laine, Robert Walpole, Edith
Spaulding, Michael Cannon, and Paul Banfield be appointed to serve on Administrative Review Panels,
RESOLVED, further, That Temporary Board of Assessment Review members be compensated at a
maximum annual compensation of $250.00.
SEQR ACTION: TYPE 11-20
RESOLUTION NO. 9 - TO AMEND RESOLUTION NO. 15 OF FEBRUARY 1, 2005 -
DETERMINATION AND CERTIFICATION OF COUNTY
CLERK'S ALLOWANCE - ANNUAL EXPENSES FOR
ADMINISTERING MORTGAGE TAX (AMENDED BY
RESOLUTION NO. 8 OF 2007)
MOVED by Mr. Booth, seconded by Ms. Mackesey, and unanimously adopted by voice vote by
members present, under the Consent Agenda.
WHEREAS, pursuant to Section 262 of the Tax Law, recording officers are entitled to receive all
their necessary expenses for purposes of administering mortgage taxes in their offices on approval and
allowance by the New York State Tax Commission, and
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February 7, 2006
WHEREAS, the State Tax Commission, by resolution duly adopted July 1, 1946, did determine
that such mortgage tax expenses be approved at the amount certified to the State Tax Commission by the
County Board of Representatives [Tompkins County Legislature] provided it is a reasonable and
necessary allowance for such expenses, and
WHEREAS, the County Clerk has conducted a cost analysis and has recommended that the
allowance for mortgage tax expenses be increased from $135,133 per annum to $143,042 per annum, now
therefore be it
RESOLVED, on recommendation of the Government Operations Committee, That the sum of
$143,042 per annum be, and the same hereby is, determined as a reasonable and necessary allowance of
the Tompkins County Clerk, the recording officer of the County of Tompkins, for the hire of clerks and
assistants and other expenses to assist in the administration of the mortgage recording tax law in her
office, and that said sum of $143,042 is hereby certified to the State Tax Commission as the reasonable
and necessary allowance for such expenses,
RESOLVED, further, That the Clerk of the Legislature is hereby directed to send a certified copy
of this resolution, with her original signature thereon, to the State Tax Commission,
RESOLVED, further, That this resolution shall take effect immediately.
SEQR ACTION: TYPE 11-20
RESOLUTION NO. 10 - ACCEPTANCE OF ANNUAL ALTERNATIVES TO
INCARCERATION CONSOLIDATED SERVICE PLAN
MOVED by Mr. Booth, seconded by Ms. Mackesey, and unanimously adopted by voice vote by
members present, under the Consent Agenda.
WHEREAS, the Criminal Justice Advisory/Alternatives to Incarceration Board at its January 9,
2006, meeting approved the Annual Alternatives to Incarceration Consolidated Service Plan, and
WHEREAS, a new requirement calls for the legislative/governing body approval to accompany
the Plan upon submission to the New York State Division of Probation and Correctional Alternatives,
now therefore be it
RESOLVED, on recommendation of the Public Safety Committee, That the Tompkins County
Legislature approves the 2006 Alternatives to Incarceration Consolidated Service Plan for Tompkins
County,
RESOLVED, further, That a copy of the Plan will be kept on file at the Department of Probation
and Community Justice and office of the Tompkins County Legislature.
SEQR ACTION: TYPE 11-20
RESOLUTION NO. 11 - ACCEPTANCE OF JUVENILE ACCOUNTABILITY BLOCK GRANT
(JABG) FROM NEW YORK STATE DIVISION OF CRIMINAL
JUSTICE SERVICES — BUDGET ADJUSTMENT — DEPARTMENT
OF SOCIAL SERVICES
MOVED by Mr. Booth, seconded by Ms. Mackesey, and unanimously adopted by voice vote by
members present, under the Consent Agenda.
WHEREAS, the Department of Social Services applied to the New York State Division of
Criminal Justice Services (NYS DCJS) for a grant to address an unmet need regarding early and
consistent assessment of high-risk youth identified by schools, Probation, Mental Health, and the
Department of Social Services, and
WHEREAS, the DCJS has approved $11,683 in funding through the Youth Risk and Needs
Assessment Project through the Juvenile Accountability Block Grant (JABG), and
34
February 7, 2006
WHEREAS, the grant will allow the Department to interface with other departments and local
agencies to procure a tailored risk and needs assessment tool for use with high-risk youth and juvenile
offenders, facilitating delivery of comprehensive and effective early intervention services, and
WHEREAS, use of the standardized risk and needs assessment tool early in the juvenile justice
process will increase early intervention in school settings, stabilizing the targeted youths' education
programs, and preventing out -of -home residential placements, now therefore be it
RESOLVED, on recommendation of the Health and Human Services Committee, That the
Department of Social Services is authorized to accept the Juvenile Accountability Block Grant from the
New York State Division of Criminal Justice Services for the purposes of identifying and implementing
the most appropriate risk assessment services for the identified youth of Tompkins County,
RESOLVED, further, That the Director of Finance shall make the following budget adjustment
representing the total project cost:
REVENUE: A6010.43389 State: Other Public Safety $11,683
APPROPRIATION: A6010.54400 DSS Admin: Program Expense $11,683
SEQR ACTION: TYPE 11-20
RESOLUTION NO. 12 - INCREASE IN HOURS — STAFF DEVELOPMENT AND QUALITY
COORDINATOR - DEPARTMENT OF SOCIAL SERVICES
MOVED by Mr. Booth, seconded by Ms. Mackesey, and unanimously adopted by voice vote by
members present, under the Consent Agenda.
WHEREAS, the Tompkins County Department of Social Services has a need to increase the
standard work week of one Staff Development and Quality Coordinator position from 37.5 hours to 40.0
hours per week, and
WHEREAS, funding for this increase in hours was included in the 2006 budget and no further
funding is required, now therefore be it
RESOLVED, on recommendation of the Health and Human Services and Budget and Capital
Committees, That the standard workweek for one position of Staff Development and Quality Coordinator
(12-681) shall be increased from 37.5 to 40.0 hours per week effective January 1, 2006.
SEQR ACTION: TYPE 11-20
RESOLUTION NO. 13 - REDUCTION IN HOURS — DIRECTOR OF OFFICE FOR THE AGING
MOVED by Mr. Booth, seconded by Ms. Mackesey, and unanimously adopted by voice vote by
members present, under the Consent Agenda.
WHEREAS, the position of Director of the Office for the Aging was reduced from 40.0 hours per
week to 35.0 hours per week effective July 21, 2002, and continued through December 31, 2005, as part
of a program to reduce expenses due to budgetary constraints, and
WHEREAS, the need for reduction of hours of the position Director of the Office for the Aging
needs to continue from January 1, 2006, through February 28, 2006, now therefore be it
RESOLVED, on recommendation of the Health and Human Services and Budget and Capital
Committees, That the hours for the position of Director of the Office for the Aging (86/215) management
labor grade P, should be continued at 35.0 hours per week from January 1, 2006, through February 28,
2006,
RESOLVED, further, That effective March 1, 2006, the position will revert to 40.0 hours per
week.
SEQR ACTION: TYPE 11-20
35
February 7, 2006
RESOLUTION NO. 14 - BUDGET ADJUSTMENT — YOUTH SERVICES
MOVED by Mr. Booth, seconded by Ms. Mackesey, and unanimously adopted by voice vote by
members present, under the Consent Agenda.
RESOLVED, on recommendation of the Health and Human Services Committee, That the
Director of Finance be directed to make the following budget adjustment on his books:
Youth Services
Revenue Acct Title Amt Approp Acct Title(s)
7020.42797 Other Local Government $9,998 7020.54442 Professional Service Fees
7020.44820 Programs for Youth $5,792 7020.54442 Professional Service Fees
Explanation: The County Youth Services Department has been awarded a Workforce Development grant
to provide support to a collaborative of youth agencies offering career awareness, academic support, and
work readiness services to low-income youth for the period October 2005 - June 2006. The total grant is
for $31,117. Some funds were used in 2005 with the rest being expended in 2006. This accurately
reflects the amount to be expended in 2006. The Drug Free Communities Grant total amount needs to be
increased to accurately reflect the amount to be brought into the 2006 budget.
SEQR ACTION: TYPE II -20
RESOLUTION NO. 15 - ACCEPTANCE OF LEGISLATIVE INITIATIVE GRANT FOR HOME
REPAIRS - OFFICE FOR THE AGING
MOVED by Mr. Booth, seconded by Ms. Mackesey, and unanimously adopted by voice vote by
members present, under the Consent Agenda.
WHEREAS, the Tompkins County Office for the Aging maintains a last resort fund to pay for
health and safety related repairs to homes of low-income families, and
WHEREAS, client payments and subsidies are sought to cover costs of repairs, and
WHEREAS, funding is often not adequate to cover costs without further assistance from the last
resort fund, and
WHEREAS, home repairs have been identified as a major need for low-income seniors in two
decennial countywide needs assessments, and
WHEREAS, the last resort fund is running out of funds, and
WHEREAS, Senator George Winner has procured a grant for Tompkins County, now therefore
be it
RESOLVED, on recommendation of the Health and Human Services Committee, That the
County hereby accepts this grant of $10,000,
RESOLVED, further, That the Finance Director is authorized to make the following adjustments
to his books:
REVENUE: A6796.43803 State Revenue $10,000
APPROPRIATION: A6796.54400 Program Expense $10,000
SEQR ACTION: TYPE 11-20
Approval of Appointment(s) Under the Consent Agenda
It was MOVED by Mr. Booth, seconded by Ms. Mackesey, and unanimously adopted by voice
vote by members present, to approve the following appointment(s) under the Consent Agenda:
Homeownership Oversight Committee
Duane Randall, Planning Committee Chair delegate (no set term)
36
February 7, 2006
Environmental Management Council
H. Roger Segelken - Village of Cayuga Heights representative; term expires December 31, 2006
Fish and Wildlife Management Board
Stacey Black - Alt. Sportsman representative; term expires December 31, 2007
Duane Randall - County Legislator; term expires December 31, 2007
Agricultural and Farmland Protection Board
Frank Proto - County Legislator representative; term expires December 31, 2009
Metropolitan Planning Organization Policy Committee
Dooley Kiefer - Legislator Representative; no set terms
Planning Advisory Board
Martha Robertson - Planning Committee Chair; term expires December 31, 2006
Soil and Water Conservation District
Frank Proto - County Legislator; term expires December 31, 2006
Greg Stevenson - County Legislator; term expires December 31, 2006
Water Resources Council
James Dennis - County Legislator; term expires December 31, 2006
Economic Development Loan Oversight Committee
Frank Proto - County Legislator; serves at the pleasure of the Legislature
Ithaca Downtown Business Improvement District Board of Directors
Leslyn McBean-Clairborne - Class C. Director; term expires April 15, 2008
Library Board of Trustees
Nancy Schuler - tern expires December 31, 2008
Public Information Advisory Board
Larry Roberts - term expires December 31, 2007
Personal Emergency Response Service Advisory Board
Greg Stevenson - County Legislator representative; term expires December 31, 2007
Greater Ithaca Activities Board
Nathan Shinagawa - County Legislator representative; term expires December 31, 2007
Recreation Partnership
Frank Proto, Del./Martha Robertson, Alt. County Legislator representative; term expires December 31,
2007
Youth Services Board
Nicole Eversley Bradwell - City of Ithaca representative; term expires December 31, 2007
Community Mental Health Services Board
Nancy Rosen - term expires December 31, 2009
Anne Brous - term expires December 31, 2009
Office for the Aging Advisory Committee
37
February 7, 2006
Maxine C. P. Nicholls - term expires December 31, 2008
Constance Graham - term expires December 31, 2008
Substance Abuse Subcommittee
Anne Brous - Community Mental Health Services Board representative; term expires December 31, 2009
Emergency Communications Review and Oversight Committee
Brian Wilbur - Ithaca Fire Chief representative; term expires December 31, 2008
Criminal Justice Advisory/Alternatives to Incarceration Board
Nancy Zahler - Youth Services Department representative; term expires December 31, 2008
Advisory Board on Indigent Representation
Terms expire December 31, 2008
Alan Hays
Lucy Gold
Family Court Advisory Council
Mary Cole - School representative; term expires December 31, 2007
Report and Presentation of Resolution(s) from the Government Operations Committee
Ms. Herrera, Chair, reported the Committee met on January 18th and conducted much of the
business seen on the agenda this evening. In addition, the Committee discussed their 2006 goals and
began scheduling of departmental tours which will include The History Center. The Committee will meet
next on February 15, 2006, at 3:00 p.m.
RESOLUTION NO. 16 - APPROVAL OF 2006 SUCCESSION OF MEMBERS OF THE COUNTY
LEGISLATURE TO SERVE IN THE ABSENCE OF THE CHAIR AND
VICE CHAIR
It was MOVED by Ms. Herrera, seconded by Mr. Stevenson. Ms. Herrera noted the order of
succession is different than the 2005 order.
It was MOVED by Mr. Koplinka-Loehr, seconded by Ms. Robertson, to amend the order of
succession. Ms. Kiefer expressed opposition to the amendment, stating a good deal of discussion had
occurred at the Committee meeting regarding the appropriate order.
Ms. Kiefer then said the Chair of the Health and Human Services Committee is the most senior
Legislator; as this resolution is to be used in the event of an emergency it makes sense to have an
individual with extensive experience make the decision. She would not support the motion to amend.
Ms. Herrera said although she voted in favor of the original resolution at Committee she believes the
substitute resolution more closely reflects the needs the County would have in the event a successor is
required.
Ms. Herrera stated she would accept the amendment as friendly, and Mr. Stevenson also agreed.
A voice vote on the resolution resulted as follows: Ayes - 9 (Legislators Booth, Dennis, Hattery,
Herrera, Joseph, Koplinka-Loehr, Mackesey, Robertson, and Shinagawa); Noes - 3 (Legislators Kiefer,
Sigler, and Stevenson); Excused - 3 (Legislators McBean-Clairborne, Proto, and Randall).
RESOLUTION ADOPTED.
38
February 7, 2006
WHEREAS, Section 2.05 of the County Charter, specifies the succession of members of the
Legislature be designated annually by resolution to serve in the absence of the Chair and Vice Chair, and
WHEREAS, the Government Operations Committee recommends the chairs of standing
committees be designated, now therefore be it
RESOLVED, on recommendation of the Government Operations Committee, That the following
order of succession of County Legislators for the year 2006 be approved to serve in the absence of the
Chair and Vice Chair:
Chair, Budget and Capital Committee
Chair, Planning, Development and Environmental Quality Committee
Chair, Health and Human Services Committee
Chair, Government Operations Committee
Chair, Facilities and Infrastructure Committee
SEQR ACTION: TYPE 11-20
Ms. Herrera expressed her appreciation to Ms. Skinner for the work she has done for the County
and wished her well.
Report from the Library Committee
Mr. Joseph, Chair, reported the Committee had met a second time and continued discussion of the
issues between the County and the Library. He said the outcome of the referendum vote for the library
will help to see what way to go.
Report and Presentation of Resolution(s) from the Budget and Capital Committee
Mr. Koplinka-Loehr, Chair, reported the Committee met on January 23rd. One item discussed
was the creation of an audit subcommittee which is a new requirement. That subcommittee will provide
guidance to the Financial Director on Financial matters. Mr. Koplinka-Loehr thanked Ms. Skinner,
Public Information Office and said she would be missed. He then spoke of a budget summary meeting
being conducted by the Fiscal Policy Institute on February 23rd from 4:00 pm - 5:00 p.m. at the Unitarian
Church.
RESOLUTION NO. 17 - AUTHORIZING THE ISSUANCE OF $10,000,000 SERIAL BONDS OF
THE COUNTY OF TOMPKINS, NEW YORK, TO PAY PART OF THE
COST OF ROAD AND BRIDGE RECONSTRUCTION OR
IMPROVEMENT AT VARIOUS LOCATIONS THROUGHOUT THE
COUNTY
It was MOVED by Mr. Koplinka-Loehr, seconded by Mr. Dennis. Ms. Kiefer questioned the
purpose of the language in the first "WHEREAS" paragraph relating to the State Environmental Quality
Review. Mr. Squires indicated that it is standard technical language for this type of resolution and that it
implies that the County will do all that is required under the law. Mr. Wood noted that the term "precedent"
indicates that all conditions that need to be satisfied for something to occur; that there are no conditions that
have not been met. In addition, he said companies that finance request a bond counsel to provide a letter
stating that the bonds are satisfactory and meet the requirement for tax-exempt financing. The bond counsels
prepare the resolutions as part of this and use a standard form. He does not believe there is any problem
using the language contained within the resolution. It was noted that no work has been done on a State
Environmental Quality Review at this time and none is required. Ms. Kiefer asked that in the future the bond
counsel be asked to not single out SEQR language when it is not pertinent to a particular bonding issuance.
A roll call vote resulted as follows: Ayes - 12; Noes - 0; Excused - 3 (Legislators McBean-
Clairborne, Proto, and Randall). RESOLUTION ADOPTED.
39
February 7, 2006
WHEREAS, all conditions precedent to the financing of the capital project hereinafter described,
including compliance with the provisions of the State Environmental Quality Review Act, have been
performed, and
WHEREAS, it is now desired to authorize the financing of such capital project, now therefore be it
RESOLVED, on recommendation of the Budget and Capital Committee, by the Tompkins County
Legislature, as follows:
Section 1. For the class of objects or purposes of paying part of the cost of road and bridge
reconstruction or improvements at various locations throughout the County, including incidental expenses in
connection therewith, in and for said County of Tompkins, New York, there are hereby authorized to be
issued $10,000,000 serial bonds of said County of Tompkins pursuant to the provisions of the Local Finance
Law.
Section 2. It is hereby determined that the maximum estimated cost of such class of objects or
purposes is $20,036,000, and that the plan for the financing thereof is by the issuance of the $10,000,000
serial bonds of said County of Tompkins, New York, authorized to be issued pursuant to this bond resolution,
and the application of $10,036,000 of Federal and State aid expected to be received for this purpose. It is
hereby further determined that the actual amount of Federal or State aid expected to be received is
$18,778,600, and that the amount of bonds ultimately to be issued will be reduced by the receipt of any
Federal or State aid in excess of $10,036,000.
Section 3. It is hereby determined that the period of probable usefulness of the aforesaid class
of objects or purposes is fifteen years, pursuant to subdivision 91 of paragraph a of Section 11.00 of the Local
Finance Law, as the aforesaid class of objects or purposes consists of objects or purposes that can be assigned
a period of probable usefulness of at least fifteen years under subdivisions 10 or 20 of said paragraph a. It is
hereby further determined that the period of probable usefulness will exceed five years.
Section 4. Subject to the provisions 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 bonds herein
authorized, including renewals of such notes, is hereby delegated to the County Director of Finance of the
County of Tompkins, New York, 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 5. The faith and credit of said County of Tompkins, New York, are hereby irrevocably
pledged for the payment of the principal of and interest on such obligations 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 on such obligations becoming due and payable in such year.
Section 6. 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 its County Director of Finance and
a facsimile of the corporate seal shall be imprinted or impressed thereon and attested by the manual or
facsimile signature of its County Clerk.
Section 7. 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 of the County of Tompkins, New
York, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he
shall deem best for the interests of the County; provided, however, that in the exercise of these delegated
powers, he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State
Comptroller applicable to the sale of municipal bonds. The receipt of said 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 8. 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 of Tompkins, New York, by the facsimile signature of its County Director of Finance
and, 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
40
February 7, 2006
consolidation with other issues, shall be determined by its 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 of the County of Tompkins shall determine.
Section 9. 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 provisions 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 commenced within twenty days after the date of such publication, or
3) Such obligations are authorized in violation of the provisions of the Constitution.
Section 10. This resolution shall constitute a statement of official intent for purposes of
Treasury Regulations Sections 1.150 - 2. Other than as specified in this resolution, no monies are, or are
reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the
permanent funding of the object or purpose described herein.
Section 11. This resolution, which takes effect immediately, shall be published in full in the The
Ithaca Journal, the official newspaper of such County, together with a notice of the Clerk of the Tompkins
County Legislature in substantially the form provided in Section 81.00 of the Local Finance Law.
SEQR ACTION: TYPE 11-20
Explanation from Finance Director: Over the next two years the County will be working on several large
roadway projects which are primarily financed by Federal and State aid. It is projected that several
projects could be underway at the same time, and if this happens it would be difficult for the County to
advance the cash outlay for the improvements without impairing liquidity requirements of the
organization.
This bond resolution would provide the authorization to borrow up to $10 million to finance the cash
needs of the projects. The grant reimbursement on the projects would be pledged to pay down the debt.
The cost of the borrowing would be short-term expense limited to interest on the advanced grant funds.
Actual borrowing will not occur until firms' bids are received on the project for which we are advancing
funds. We anticipate the cost of any such borrowing in 2006 would be at a rate of 3.5 percent.
Federal Highway Program Projects 2006-2008: McLean -Cortland Road and Bridge, Coddington Road
Reconstruction, Ringwood Road Bridge, Warren Road Reconstruction, Newfield Depot Bridge, Station
Road Culvert Replacement, and Hanshaw Road.
RESOLUTION NO. 18 - AUTHORIZING THE ISSUANCE OF $4,000,000 SERIAL BONDS OF
THE COUNTY OF TOMPKINS, NEW YORK, TO PAY PART OF THE
$10,246,000 COUNTY OF TOMPKINS SHARE OF THE TOMPKINS
CORTLAND COMMUNITY COLLEGE CAMPUS MASTER PLAN
RECREATIONAL FACILITY IMPROVEMENT
It was MOVED by Mr. Koplinka-Loehr, seconded by Ms. Kiefer. A roll call vote resulted as
follows: Ayes - 12; Noes - 0; Excused - 3 (Legislators McBean-Clairborne, Proto, and Randall).
RESOLUTION ADOPTED.
41
February 7, 2006
WHEREAS, all conditions precedent to the financing of the capital project hereinafter described,
including compliance with the provisions of the State Environmental Quality Review Act, have been
performed, and
WHEREAS, it is now desired to authorize the financing of such capital project, now therefore be it
RESOLVED, on recommendation of the Budget and Capital Committee, by the Tompkins County
Legislature of the County of Tompkins, New York, as follows:
Section 1. For the specific object or purpose of paying part of the $10,246,000 County of
Tompkins' share of the Tompkins Cortland Community College Campus Master Plan recreational facility
improvement on the campus of the Tompkins Cortland Community College, including incidental expenses in
connection therewith, in and for said County of Tompkins, New York, there are hereby authorized to be
issued $4,000,000 serial bonds of said County of Tompkins pursuant to the provisions of the Local Finance
Law.
Section 2. It is hereby determined that the maximum estimated cost of such specific object or
purpose is $10,246,000, and that the plan for the financing thereof is by the issuance of the $4,000,000 serial
bonds of said County of Tompkins, New York, authorized to be issued pursuant to this bond resolution,
together with the application of $3,659,000 of additional County proceeds from the previous sale of the
County's tobacco asset, $620,000 of County current funds previously appropriated for this purpose, and
$1,967,000 expected to be contributed by the College and credited against the County's local share.
Section 3. It is hereby determined that the period of probable usefulness of the aforesaid
specific object or purpose is thirty years, pursuant to subdivision 11 of paragraph a of Section 11.00 of the
Local Finance Law. It is hereby further determined that the period of probable usefulness will exceed five
years.
Section 4. Subject to the provisions 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 bonds herein
authorized, including renewals of such notes, is hereby delegated to the County Director of Finance of the
County of Tompkins, New York, 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 5. The faith and credit of said County of Tompkins, New York, are hereby irrevocably
pledged for the payment of the principal of and interest on such obligations 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 on such obligations becoming due and payable in such year.
Section 6. 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 its County Director of Finance and
a facsimile of the corporate seal shall be imprinted or impressed thereon and attested by the manual or
facsimile signature of its County Clerk.
Section 7. 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 of the County of Tompkins, New
York, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he
shall deem best for the interests of the County; provided, however, that in the exercise of these delegated
powers, he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State
Comptroller applicable to the sale of municipal bonds. The receipt of said 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 8. 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 of Tompkins, New York, by the facsimile signature of its County Director of Finance
and, 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 its County Director of Finance. It is hereby
42
February 7, 2006
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 of the County of Tompkins shall determine.
Section 9. 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 provisions 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 commenced within twenty days after the date of such publication, or
3) Such obligations are authorized in violation of the provisions of the Constitution.
Section 10. This resolution shall constitute a statement of official intent for purposes of
Treasury Regulations Sections 1.150 - 2. Other than as specified in this resolution, no monies are, or are
reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the
permanent funding of the object or purpose described herein.
Section 11. This resolution, which takes effect immediately, shall be published in full in The
Ithaca Journal, the official newspaper of such County, together with a notice of the Clerk of the Tompkins
County Legislature in substantially the form provided in Section 81.00 of the Local Finance Law.
SEQR ACTION: TYPE 1I-20
RESOLUTION NO. 19 - AUTHORIZATION OF A LEASE FINANCING AGREEMENT WITH
BANC OF AMERICA LEASING & CAPITAL, LLC., FOR ENERGY
PERFORMANCE CONTRACT
It was MOVED by Mr. Koplinka-Loehr, seconded by Mr. Booth, and unanimously adopted by
voice vote by members present. RESOLUTION ADOPTED.
WHEREAS, the County of Tompkins has approved a 2005 Capital Project for energy efficiency
improvements to County buildings, and
WHEREAS, the Director of Finance has advertised for "lease financing" to permanently finance
the Energy Performance Contracts previously authorized by Resolution 38 of 2005, and Resolution 249 of
2005, and
WHEREAS, Banc of America Leasing of Baltimore, Maryland, provided the most competitive
lease financing terms of the seven proposals received, now therefore be it
RESOLVED, on recommendation of the Budget and Capital Committee, That the Tompkins
County Administrator is authorized to execute a Master Lease Agreement with Banc of America Leasing
in the amount of $3.04 million dollars to permanently finance the improvements provided under the
Energy Performance Contract with Johnston Controls.
SEQR ACTION: TYPE II -20
Report from the Strategic Planning Committee
Mr. Koplinka-Loehr, Chair, reported the Committee held a meeting which led to a Department
Head meeting on February 1 with a facilitator to discuss dynamics within the organization that are
fundamental to move toward long-range planning. He understands it was productive and that another
session may be scheduled. In addition, Legislators had a similar meeting with similar topics. Provided at
the meeting was information relating to last year's efforts, and providing direction on how to proceed with
regard to strategic planning as well as providing information related to a charge, definition of terms, and
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February 7, 2006
the role of a Legislator as it related to department heads, communications, etc. At this time there has not
been a date set for the next meeting. Information obtained will be utilized on how to proceed further.
Report from the Public Safety Committee
Mr. Booth, Vice Chair, said the Committee met February 2nd, at which time the head of the
Assigned Counsel Program reported they have been provided a modest increase from the State as a result
of State allocations. Also a letter received from the State regarding the jail population was reviewed and
information provided on what it would mean to the County. Mr. Shurtleff provided an update on the
Communications Capital Project indicating at this time bids are being sought for the towers, updates will
be provided on a regular basis on the progress. Mr. Booth reported discussions took place regarding
dispatch operations and how to make the system more efficient.
Ms. Kiefer asked for additional information relating to the jail population letter. Mr. Booth said
the letter referred to a 58 -inmate level, a level permitted without the variances, which is a guideline. This
is basically a reserve level of eighty-five percent to allow for a potential influx, although it was not clear
what figure the percentage related to. Mr. Joseph said the 58 represents the number of inmates
recommended by the State to house if the County did not take on a construction project. At this time the
State is requesting the Sheriff provide daily reporting of inmates and their housing location. Sheriff
Meskill will provide this information. Ms. Robertson noted that due to building modifications the
capacity figure went from 73 to 75. Initially the State had said the County would be allowed 8 more beds
and then gave three, with one being designated as a holding cell.
Report from the Workforce Diversity and Inclusion Committee
There was no report.
Report and Presentation of Appointment(s) from the Health and Human Services Committee
Mr. Shinagawa, Vice Chair, reported the Committee met on January 31st, during which the
resolutions and appointments before the Legislature were acted upon. In addition, the Committee heard
from Irene Stein, Office for the Aging Director, about the County's Single Point of Entry for Long -Term
Care Services program, and directives from the State to appoint the lead agency for this operation. She
strongly recommended that the County continue to be the lead agency as it provides unbiased, objective,
and consistent information about what long-term options are available in the County. Ms. Stein will be
retiring at the end of the month and members of the Committee thanked her for her hard work and
contributions to the County.
The Departments of Youth Services, and Workforce Development have undertaken discussions to
determine the most effective ways to work with the Department of Social Services to find appropriate
employment and critical educational services for youth. Ms. Zahler, Director, spoke of her continued
involvement in meetings relating to youth gang activities. Ongoing discussions have been occurring to
determine the best course of action to stem this type of activity throughout the County.
The Health Department reported work continues on the pandemic plan for the County. Ms. Cole,
Public Health Director, attended a meeting in Albany that will provide information to assist in the
completion of this plan.
Mental Health reported on the Single Room Occupancy project that will secure thirty beds within
the County. Property has been purchased between Third and Fourth Streets for this project that will be
completed in 2007.
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February 7, 2006
The Human Services Coalition reported the start of the UrgentRx program that will assist
individuals exiting the hospital emergency room to purchase necessary prescriptions in the event they
have no insurance or financial ability to do so.
The next meeting will take place on March 1st, at which time the Committee will review
information relating to the Water System Fees as well as review the 2006 proposed Committee Goals.
Appointment
It was MOVED by Mr. Shinagawa, seconded by Mr. Dennis, to take the Board of Health
Legislative appointment back to the Committee for further discussion. Mr. Shinagawa stated he was not
aware of a Legislator holding another seat on the Board of Health and wanted time to check the protocol.
Ms. Herrera said this question has been raised before and she feels further discussion is good. Mr. Wood,
County Attorney, said the County Charter and New York State Law outline who the representatives on
the Board of Heath must be. He said there is an appointee from the Legislature and other open seats. He
believes Mr. Proto presently holds a seat that is not specified for a Legislator. He recommended the
Committee have copies of the Charter to review.
Ms. Kiefer inquired if it was possible to appoint Mr. Proto to the Legislature's seat on the Board
of Health; Mr. Wood felt he would be required to resign the consumer seat first. Mr. Wood provided
historical information regarding Mr. Proto's appointment to the consumer seat, noting at the time it was
difficult to fill the seats as required and Mr. Proto offered to fill this seat as another member of the
Legislature filled the seat allotted to them. Mr. Booth asked what the rationale was to send the
appointment back to Committee. Mr. Joseph said he believes some would like to see Mr. Proto take the
Legislative seat and allow another individual to have the consumer seat.
A voice vote to send the appointment back to Committee for further discussion resulted as follows:
Ayes - 12; Noes - 0; Excused - 3 (Legislators McBean-Clairbome, Proto, and Randall).
Report from the Facilities and Infrastructure Committee
Ms. Kiefer, Vice Chair, reported the Committee met on January 24th and discussed goals. In
addition, a general overview of the various divisions was provided by Mr. Marx, followed by each Division
head's overview. Information included upcoming contracts at the airport, including a verbal approval of a
contract extension with USAir until December 2007; the Obstruction Clearance Project is moving forward
but due to other FAA obligations will not proceed until 2007; the Facilities Division's desire to complete
preventive maintenance which has not occurred in the past several years; updates on the Energy Performance
Contract with Johnson Controls indicated Phase I will be completed later this month, and Phase II which will
include HVAC upgrades to the Courthouse Complex should be completed in July 2006, with a review of the
information to determine how the contract is performing to occur in July 2007; proposed work schedules for
Highway Division; the reduction of waste stream and change in traffic patterns at the Solid Waste Division,
and additional plastics added to the recyclables. Ms. Kiefer pointed out that members of the Legislature all
received a post card outlining the new fee structure for bringing waste to the facility. She then spoke of the
Weights and Measure Division, noting it is only a single individual who is responsible to inspect all the
various measuring devices throughout the County. As a result of this, it is not possible to complete package
inspections. This past year an individual from the State assisted in this particular area. Ms. Kiefer said the
Committee was also looking for a common time to provide a tour of County facilities to interested
Legislators. In the next two months, the Committee will meet at the various division locations as well.
Report from the Planning, Development and Environmental Quality Committee
Ms. Robertson, Chair, reported the Committee met on January 19th, various agencies and department
heads provided an overview of their operations. A discussion regarding bus passes for County employees
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February 7, 2006
took place following recent articles in the County Corridors newsletter. Following the discussion it was
determined that the matter be reviewed, with notification to the Government Operations, Personnel, Budget,
and Planning, Development and Environmental Quality Committees. In addition, Mr. Marx informed the
Committee of a Memorandum of Understanding with the Town of Dryden, in relation to the purchase of
development rights (PDR) on a farm in Dryden. A PDR application in the Town of Lansing is being worked
through the State funding. The application for a farm in the Town of Dryden is being prepared, with an
arrangement for the Town and County to co -hold the easement. The Town will be the lead agency. Ms.
Robertson reported the Strategic Tourism Planning Board brought a proposal from Chrys Gardner suggesting
a modification of the way the Community Beautification Grants are provided. This recommendation is in
response to information from communities that indicated the grants are too small to undertake most projects.
The proposal would set a schedule to complete the beautification process in three towns each year, over a
three-year period, and still require the matching funds for up to $2,000. Members of the Committee felt an
advisory committee should include more rural representation. The next Planning, Development and
Environmental Quality Committee meeting will be on February 17th at 3:00 p.m.
Report from the Personnel Committee
Mr. Dennis, Chair, reported the Committee will meet on February 8th and will discuss health
benefits. He also reported that arbitration for Road Patrol will take place on February 10th and is expected to
take six to nine months to conclude the process.
Approval of Minutes
It was MOVED by Ms. Herrera, seconded by Mr. Shinagawa, and unanimously adopted by voice
vote by members present, to approve the minutes of January 17 and 19, 2006, as submitted. MINUTES
APPROVED.
Recess
Mr. Joseph declared recess from 7:20 p.m. to 7:25 p.m.
Executive Session
It was MOVED by Mr. Dennis, seconded by Mr. Booth, and unanimously adopted by voice vote
by members present, to enter into executive session at 7:25 p.m. to discuss a personnel matter. The
meeting returned to open session at 8:32 p.m.
RESOLUTION NO. 20 - RATIFICATION OF BARGAINING AGREEMENT CIVIL SERVICE
EMPLOYEES ASSOCIATION, BLUE COLLAR UNIT
It was MOVED by Mr. Koplinka-Loehr, seconded by Mr. Dennis. A voice vote resulted as
follows: Ayes - 11; Noes - 1 (Legislator Booth); Excused - 3 (Legislators McBean-Clairborne, Proto, and
Randall).
WHEREAS, CSEA Blue Collar Unit has been working without a contract since January 1, 2005,
and
WHEREAS, with help of mediation, Tompkins County and CSEA Blue Collar have negotiated a
new contract, now therefore be it
RESOLVED, on recommendation of the Negotiating Committee, that the bargaining agreement
between Tompkins County and the Civil Service Employees Association, Blue Collar Unit, for the years
2005, 2006 and 2007 is hereby ratified.
SEQR ACTION: TYPE 1I-20
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February 7, 2006
Adjournment
On motion the meeting adjourned at 7:35 p.m.
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February 21, 2006
Regular Meeting
Called to Order
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: 13 Legislators (Mr. Booth arrived at 5:35 p.m.; Mrs. McBean-Clairborne arrived at 5:43
p.m.). Excused: 2 (Legislators Koplinka-Loehr and Sigler).
Privilege of the Floor by the Public
Timothy Bangs of Bangs Ambulance Service and Craig Wilkins of WHCU Radio Broadcasting
presented a "Distinguished Citizen Award" to Michael Trunkes, Craig Beierle, and Judy Rosen for their
quick actions during a recent incident during which Francis Russell, a patron of the Boat Yard Grill, was
choking. These citizens took action to open the airway of the victim, perform the Heimlich maneuver,
and initiate CPR (cardio -pulmonary resuscitation) on the victim who was in distress from choking. They
successfully opened the airway and returned the individual to a state of breathing prior to the arrival of the
ambulance. They were commended for their actions and response during this critical time.
Jay Franklin, Assistant Director of Assessment, urged the public to submit their real property tax
exemption renewal applications to the Assessment Department by March 1, 2006, and noted the Office
has received 300-400 applications less than it did last year at this time. Mr. Franklin said the Department
contracted for an automatic dialer system to make 1,000 phone calls to residents reminding them of this.
He said the system took approximately ten minutes to make the calls and at a cost much less than it would
have been for staff to do the work.
Privilege of the Floor by Legislators
Ms. Herrera, District No. 4 Legislator, thanked Bangs Ambulance and Cayuga Radio for their
recognition of these individuals and the service they provided. She said she will be presenting the
Distinguished Youth Award at the second meeting in March and asked that nominations be submitted to
the Clerk of the Legislature.
Ms. Robertson, District No. 13 Legislator, reported on a new resource that is available at the
Tompkins County Public Library entitled Rosetta Stone that is an interactive software program that
teaches any of 29 languages. She said it is a very interesting program that is available to any holder of a
Library card. This program was made possible through the Friends of the Public Library.
Mr. Joseph, Chair and District No. 12 Legislator, reported on another incident of violence in the
community in which racism played a role. He said the details are not yet clear; however, it is clear that a
white person shouted racial epithets and stabbed a black person, which makes it more than just a conflict
between two individuals. He said he recently saw a survey about racial attitudes in this country that
showed white people tend to see racism as an individual thing. They see racism as acts of individuals
behaving badly. People of color tend to see racism very differently and as something that is social and
institutional and consists of much more than individual acts and where individual acts take place within
the context of social support and acceptance. Mr. Joseph said as a community we cannot do anything
about the events that have already happened but we can and should ask what made this student think that
it is alright to shout racial slurs. The question should also be asked of why did the situation escalate into
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February 21, 2006
violence and what can be done to remove the social support and acceptance that allows such incidents to
keep happening in our community.
Mrs. McBean-Clairborne, District No. 2 Legislator, thanked Mr. Joseph for his comments. She
announced as part of the conclusion of Black History Month there will be a local documentary film being
shown at the History Center on February 23rd entitled "Freedom Call". She also announced that a
community talent show will take place at GIAC on February 24th and is free and open to the public.
Mr. Randall, District No. 9 Legislator, thanked his colleagues, family, and staff for the concern
shown for his health over the last couple of weeks and particularly thanked Ms. Kiefer for her support.
Mr. Randall said going through trials and tribulations often serve as a reminder to appreciate what you
have.
Chair's Report
Mr. Joseph also reported on the Intermunicipal Committee that meets periodically. He said that
group has been discussing the subject of health insurance. At the next meeting a representative of Ontario
County will be in attendance and explain options that County has explored in the past and the presentation
should provide Tompkins County with valuable information. Mr. Joseph said all legislators are welcome
to attend.
County Administrator's Report
Mr. Whicher announced the last day of work for Irene Stein, Director of the Office for the Aging,
will be February 28th. An Open House will be held at the Department on February 24th from 3 p.m. to 5
p.m. and there will also be an evening event in Ms. Stein's honor held March 15th. He quoted from an
article that appeared in the Senior Circle in which it stated "Irene has set a standard in the community for
excellence when it comes to the needs of seniors. In our office, here on Tioga Street, she will be missed.
We have been the beneficiaries of what Barbara Lifton calls her "candid assertiveness", her fine sense of
humor, as well as her passion for chocolate". Mr. Whicher said Ms. Stein is a mentor, a mom, an
advisor, and a great colleague and department head who will be missed.
Mr. Whicher requested confirmation of the appointment of Lisa Holmes as Interim Director of
the Office for the Aging.
It was MOVED by Ms. Robertson, seconded by Mr. Proto, and unanimously adopted by voice
vote by members present, to confirm the County Administrator's appointment of Lisa Holmes as Interim
Director of the Office for the Aging effective March 1, 2006.
Report from the County Attorney
Mr. Wood reported renovations of the County Attorney's Office are now complete with staff
having much more efficient working space. He extended an invitation to Legislators to visit the Office
and tour the space. He noted the renovations were financed with unanticipated revenues and not taxpayer
dollars.
Report from the Finance Director
Mr. Squires reported January sales tax receipts were 11 percent higher than last year. He stated
there is some indication that there was some carry-over from December due to some delays in processing
at the State level. He said the transit strike might have been a contributor to that.
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February 21, 2006
Mr. Squires displayed the official financial statement for the latest bond offering in the amount of
$7 million that will be issued in March. He explained that process requires the County to go through a
rating review, during which time Tompkins County received a rating of "Aa2 Negative Outlook", which
is one of the highest ratings in New York State. Only three other counties received ratings that were
higher or equal to Tompkins County. He said the official statement will be available online and in the
Office of the Clerk of the Legislature. He commented he believes that the negative outlook is the result
of the opinion that all counties are operating in a negative financial environment.
He also updated the Legislature on the foreclosure process and stated presently there are ten
properties that are scheduled for foreclosure. He will report back to the Legislature once a site visit of
each of those properties has been conducted.
Ms. Kiefer recalled last time the rating agency's negative outlook for Tompkins County was
based on a belief that Tompkins County's "0%" budget guideline was on revenues, implying we may not
be able to meet our obligations and that we needed to clarify this is not a flat cap.
Mr. Proto asked about the status of the GASB review and Mr. Squires explained we must now
recognize the costs of benefits provided to retirees. For Tompkins County this means we must who how
we will pay for health benefits in the future. This requirement will be devastating for school districts that
guarantee full payments.
Mr. Dennis complimented Mr. Squires on his management of the County's finances and stated it
is very hard to maintain such a good rating in these difficult financial times.
Mrs. McBean-Clairborne requested a detailed report on 2005 sales tax receipts.
Addition of Resolution(s) to the Agenda
It was MOVED by Ms. Robertson, seconded by Ms. Herrera, and unanimously adopted by voice
vote by members present, to add to the agenda the resolution entitled Adoption of the Tompkins County
Multi -Jurisdictional All -Hazards Mitigation Plan.
Withdrawal of Resolution(s) from the Agenda
No resolutions were withdrawn from the agenda.
Approval of 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 present for approval the following resolution(s):
RESOLUTION NO. 21 - AUTHORIZATION TO ISSUE DESIGN AND RIGHT-OF-WAY PLAN
APPROVALS — CR 121, WARREN ROAD RECONSTRUCTION -
PIN 3753.73
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. 12 of 2005, authorized an agreement between Tompkins County and
the State of New York Department of Transportation (NYSDOT) to fund the design of the reconstruction
of County Road 121, Warren Road, in the Village and Town of Lansing, 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
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February 21, 2006
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, in accordance with applicable Federal regulations and guidelines a Right -of -Way
Plan has been prepared which indicates that acquisition of approximately fifty (50) parcels ("strip
takings") is necessary, but that the individual and cumulative impacts of right of way acquisition are
considered total de minimus in nature, and
WHEREAS, the County Highway Manager has deemed the project to have no significant impacts
and classified it as a "TYPE II Action", namely TYPE 11-2, "reconstruction of a .... facility, in kind, on
the same site, under the State Environmental Quality Review Act (SEQRA), as defined by the
Environmental Conservation Law of the State of New York, and a " National Environmental Policy Act
(NEPA) Categorical Exclusion", 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 a TYPE II SEQRA action requiring no further environmental review,
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 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: TYPE II - 2
RESOLUTION NO. 22 AUTHORIZATION TO EXECUTE RIGHT-OF-WAY FUNDING
AGREEMENT WITH NEW YORK STATE DEPARTMENT OF
TRANSPORTATION— RINGWOOD ROAD BRIDGE (BIN 3314160)
OVER CASCADILLA CREEK
MOVED by Mr. Proto, seconded by Mrs. McBean-Clairborne, and unanimously adopted by
voice vote by members present under the Consent Agenda.
WHEREAS, a Project to replace the Ringwood Road Bridge over Cascadilla Creek, BIN
3314160, P.I.N. 3753.20, (the Project) in the Town of Dryden, is eligible for funding under Title 23 U.S.
Code. as amended that calls for the apportionment of the costs of such program to be borne at the ratio of
eighty percent Federal funds and twenty percent non -Federal funds, and
WHEREAS, Resolution No. 8 adopted on January 19, 2005, approved the Project and authorized
execution of an agreement with the New York State Department of Transportation regarding
administration and funding of Scoping, Design (Phases I -VI) and Right -of -Way Incidentals, and
WHEREAS, in order to expedite advancement of the Project and realize potential total project
cost reductions, the New York State Department of Transportation requires the County to appropriate
one -hundred percent of the project costs and then file for reimbursement of eligible costs, and
WHEREAS, the County of Tompkins desires to advance the above project by making a
commitment of one -hundred percent of the non -Federal share of the costs of Right -of -Way (ROW)
Acquisition, now therefore be it
RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the
Tompkins County Legislature hereby approves the above -subject project and authorizes the County of
Tompkins to pay in the first instance one hundred percent of the Federal and non -Federal share of the
costs of ROW Acquisition work for the subject Project or portions thereof,
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February 21, 2006
RESOLVED, further, That the sum of $5,000 is hereby made available within account
HZ5103.59239.53.11, Ringwood Capital Project Account, to cover the cost of participation in the ROW
Acquisition phase of the Project,
RESOLVED, further, That in the event the full Federal and non -Federal share costs of the project
exceeds the amount appropriated above, the Tompkins County Legislature shall convene as soon as
possible to appropriate said excess amount immediately upon the notification by the New York State
Department of Transportation thereof,
RESOLVED, further, That the Tompkins County Highway Manager be and is hereby authorized
to execute all necessary Agreements, certifications and reimbursement requests for Federal Aid and/or
Marchiselli Aid on behalf of the County of Tompkins with the New York State Department of
Transportation in connection with the advancement or approval of the Project and providing for the
administration of the Project and the municipality's first instance funding of Project costs and permanent
funding of the local share of Federal -aid and State -aid eligible Project costs and all Project costs within
appropriations therefore that are not so eligible,
RESOLVED, further, That a certified copy of this resolution be filed with the New York State
Commissioner of Transportation by attaching it to any necessary Agreement in connection with the
Project,
RESOLVED, further, That this resolution shall take effect immediately.
SEQR ACTION: TYPE 11 - 2
RESOLUTION NO. 23 - AUTHORIZATION TO ENTER INTO A FIVE-YEAR LEASE
AGREEMENT FOR THE DEPARTMENT OF MOTOR VEHICLE
OFFICE IN ITHACA, NEW YORK
MOVED by Mr. Proto, seconded by Mrs. McBean-Clairborne, and unanimously adopted by
voice vote by members present under the Consent Agenda.
WHEREAS, the Lease Agreement presently covering the offices in which the Tompkins County
Department of Motor Vehicles transacts business, located in the Hancock Plaza, 301 Third Street (corner
Third and Hancock Streets) in the City of Ithaca, County of Tompkins, State of New York, shall expire on
April 30, 2006, (see Resolution No. 216 adopted October 17, 2000), and
WHEREAS, this location provides convenient access to the public, now therefore be it
RESOLVED, on recommendation of the Governmental Operations Committee, That the County
Administrator or his designee is hereby authorized to sign a lease agreement with landlord, Hancock
Plaza Properties, Inc., for the period May 1, 2006, through April 30, 2011.
SEQR ACTION: TYPE 11-20
Appointment(s) Approved 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:
Air Service Board
Nathan Shinagawa - County Legislator; term expires December 31, 2006
Richard W. McDaniel - Cornell University representative; term expires December 31, 2006
Edward C. Marx - Commissioner of Planning an Public Works; term expires December 31, 2006
Michael Stamm - At -Large representative; term expires December 31, 2007
Alan Pedersen - At -Large representative; term expires December 31, 2007
Michael S. Hall - At -Large representative; term expires December 31, 2008
Larry Baum - At -Large representative; term expires December 31, 2008
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February 21, 2006
Recreation Partnership
James Dennis - County Legislator; term expires December 31, 2007
Youth Services Board
Debra Austic - Village of Trumansburg representative; term expires December 31, 2008
Report from the Library Committee
Mr. Joseph, Chair, had no report.
Report and Presentation of Resolution(s) from the Budget and Capital Committee
Ms. Mackesey, Vice Chair, reported the Committee met on February 13 and continued the
process of educating new Legislators on the budget process and Fiscal Policy. Mr. Marx provided the
Committee with an update on the 20 -year Capital Plan. Mr. Squires, Finance Director, reported on the
Contingent Fund at year-end 2005. The total available balance showed $264,979; however, he reported
there were still pending year-end needs in the amount of $1,465,000. Two big surprises that occurred
during the year were Worker's Compensation in the amount of $400,000 and the Education and
Transportation of Preschool Handicapped Children, which is a mandated account, in the amount of
$475,000. The TC3 Master Plan payment in the amount of $620,000 was a mid -year funding decision by
the Legislature that will save funds in the long -run. Mr. Squires said he intends to cover these costs by
using the balance of the Contingent Fund and Unallocated Revenues, which consists primarily of sales tax
and interest earnings.
RESOLUTION NO. 24 - AUTHORIZING THE ADVANCE OF UP TO $2,100,000 OF STATE
TRANSIT OPERATING ASSISTANCE (STOA) TO TOMPKINS
CONSOLIDATED AREA TRANSIT (TCAT)
MOVED by Ms. Mackesey, seconded by Mr. Proto, and unanimously adopted by voice vote by
members present.
WHEREAS, the Tompkins Consolidated Area Transit Inc. (TCAT) was originally formed under a
partnership agreement among Tompkins County, Cornell University and the City of Ithaca effective
January 1, 1999, and
WHEREAS, each party makes an annual contribution of equal amounts to support TCAT, and
WHEREAS, the timing of State Aid payments severely impairs the financing of operations, and
WHEREAS, in order to address TCAT's cash-flow problems, it is proposed that the County
distribute up -front to TCAT estimated first, second, and third quarter State Transit Operating Assistance
(STOA) payments anticipated within the 2006 Adopted Budget in advance of their receipt, now therefore
be it
RESOLVED, on recommendation of the Budget and Capital Committee, That the Director of
Finance is authorized to enter into an agreement with TCAT whereby the County would disburse from
Budget Account 5630.54404 Transportation Services 2006 Appropriations supported by STOA payments
in advance of their receipt in an amount not to exceed $2,100,000,
RESOLVED, further, That the County will recover the loss of investment income from the
advance of STOA funds by billing TCAT for the actual lost earnings based upon the application of the
average monthly investment applied against the average monthly balance of advanced STOA payments,
RESOLVED, further, That the County will retain all future STOA payments until such time as
the advance has been fully liquidated or reauthorized by the Tompkins County Legislature.
SEQR ACTION: TYPE II -20
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February 21, 2006
Report from the Strategic Planning Committee
Mr. Hattery said the Committee has not met since the retreat meeting. He said another meeting is being
scheduled.
Report from the Public Safety Committee
Mrs. McBean-Clairborne, Chair, had no report.
Report from the Workforce Diversity and Inclusion Committee
Mrs. McBean-Clairborne, Chair, reported the Committee will meet tomorrow at 3:30 p.m. in the
Beverly Livesay Conference Room. The Committee will be discussing the recent incident that Mr.
Joseph spoke of earlier in this meeting. A report will also be provided by the Gay and Lesbian Task
Force, including voluntary demographic information that is a part of the County's employment forms.
There will also be discussion of the Diversity Policy that has been worked on by the subcommittee.
Report and Presentation of Resolution(s) from the Health and Human Services Committee
Mr. Proto, Chair, reported the Committee will meet on March 1st. At that meeting there will be a
review of public water supply fees. He said a request has been made from Bolton Water Systems to
review its fee and they will have representatives in attendance at the meeting. He reminded members
there is a packet of information in the Legislature Office on proposed Committee goals for 2006 and
asked members to review and comment on them.
Mr. Proto announced he received a copy of Summary of Findings of the Annual Evaluation of the
Office for the Aging and will place on file with the Clerk of the Legislature. He said the Office received a
AAA rating and thanked Irene Stein, Director of the Office for the Aging, and her staff for this
accomplishment. Mr. Proto raised the issue of the increase incidence of whooping cough in the
community and reported a new vaccination has come out for that, as well as one being added to the MMR
entitled Varicella due to the increased incidence of chicken pox. He reported that Cornell University's
Veterinary College has been on the forefront on the subject of the bird flu and has suggested that the
University send a representative to speak to the Board of Health and the Health and Human Services
Committee to provide an overview on what they have been doing with regard to this.
RESOLUTION NO. 25 - AUTHORIZATION TO ENTER INTO A FIVE-YEAR LEASE
AGREEMENT WITH THE ALCOHOL & DRUG COUNCIL OF
TOMPKINS COUNTY, INC.
MOVED by Mr. Proto, seconded by Ms. Robertson, and unanimously adopted by voice vote by
members present.
WHEREAS, the Alcohol & Drug Council of Tompkins County, Inc., currently has a lease
agreement with Tompkins County for the rental of office space in the Mental Health Building, 201 East
Green Street, Ithaca, and
WHEREAS, this lease agreement will expire on March 31, 2006, and
WHEREAS, the Alcohol & Drug Council of Tompkins County, Inc., would like to renew the
lease for an additional five-year period, now therefore be it
RESOLVED, on recommendation of the Health and Human Services and the Facilities and
Infrastructure Committees, That the County Administrator or his designee is hereby authorized to sign a
lease agreement with the Alcohol & Drug Council of Tompkins County, Inc. for a five-year period
running from April 1, 2006 through March 31, 2011, with an eighteen -month notice escape clause,
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February 21, 2006
RESOLVED, further, That the lease includes rent, cleaning, utilities, and maintenance, and the
rates are as follows:
April 1, 2006 - March 31, 2007, $92,250
April 1, 2007 - March 31, 2008, $95,018
April 1, 2008 - March 31, 2009, $97,868
April 1, 2009 - March 31, 2010, $100,804
April 1, 2010 - March 31, 2011, $103,828
SEQR ACTION: TYPE 11-20
Report from the Facilities and Infrastructure Committee
Ms. Kiefer, Vice Chair, reported the Committee met on February 14 at the Recycling and Solid
Waste Center and received an update on the Caswell Road Landfill Leachate Project. The Committee
authorized acquisition by the Center of replacement equipment in the feed conveyor system, which should
last 15 to 20 years. She said the new equipment should last longer than the existing equipment and will
cost approximately the same amount as it would to repair the present system. Many items appearing
under the Consent Agenda were approved at the meeting as well. Mr. Booth noted Solid Waste staff
Committee with several products that were produced from recycled materials.
Report and Presentation of Resolution(s) from the Planning, Development and Environmental
Quality Committee
Ms. Robertson, Chair, reported the Committee met on February 17th and approved resolutions
that add two parcels to the agricultural district on the eastern side of the County. Monika Roth of
Cooperative Extension was present at the meeting and pointed out that of the 450 total farms in Tompkins
County, 150 are less than ten years old. The Committee also heard from Jackie Kippola, Contracts
Coordinator, about the beautification grant process. She reported the Strategic Tourism Planning Board is
proposing one-time grants for each of the towns up to the amount of $5,000 in the coming year. The
Town of Ithaca would not be included as they recently received a grant. Kate Hackett from the Planning
Department presented the Committee with a resolution on the A11 -Hazards Mitigation Plan that will be
acted upon this evening.
Ms. Robertson said the Committee also spent time discussing the Density Policy of the Industrial
Development Agency. Mayor Carolyn Peterson and other City representatives attended the meeting and
discussed the City's perspective, as the City will consider a resolution supporting the Density Policy in its
current form. The next meeting will be March 16 and this topic will be discussed again. At that meeting
the City will provide the Committee with an update on southwest development plan.
Mr. Proto asked that any materials distributed at that meeting be provided to members who were
not in attendance.
Mr. Booth asked if the new farms could be categorized as to what types of farms they are. Mr.
Proto said organic farming has grown immensely and there has also been an increase in stables and crop
farming such as hay. He noted greenhouses and landscape businesses also fall under the farming
umbrella, and that in order to be classified as a farm there must be $10,000 in annual sales. Mr. Proto
also noted there is $40-$50 million contributed to the local economy from farming each year.
Ms. Kiefer asked if the $5,000 per town beautification grant is planned to be annual; Ms.
Robertson said it is one-time and does require a match.
Ms. Herrera spoke of the Density Policy and said she is a member of the Industrial Development
Agency. Out of the five projects that have been considered for density abatement she voted against three
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February 21, 2006
of them out of concern that there was a rush to make a recommendation based on a Density Policy that is
under consideration for revision. She said there are four members from this Legislature that serve on the
IDA and as that Policy is considered for revision the Legislature will be kept informed. She also said
there are concerns that the current Density Policy grants abatements to projects that have a focus on
mixed retail development in high population areas rather than bringing in jobs. She said she is concerned
with any entity granting a recommendation under a Density Policy that is likely to change. Mr. Hattery
agreed with Ms. Herrera's caution.
Mr. Proto said several years ago during discussion of the Density Policy by the IDA there was
also an effort made to make sure the rural communities had an opportunity to be brought in on the
discussion to develop an outreach to the rural communities. He noted that land use is up to the town
municipal governments so they need to be a part of the discussion so that it is not perceived as the County
overstepping its authority.
RESOLUTION NO. 26 - ADOPTION OF THE TOMPKINS COUNTY MULTI -
JURISDICTIONAL ALL -HAZARDS MITIGATION PLAN
MOVED by Ms. Robertson, seconded by Mr. Randall. A voice vote resulted as follows: Ayes -
13, Noes - 0, Excused - 2 (Legislators Koplinka-Loehr and Sigler). RESOLUTION ADOPTED.
WHEREAS, Tompkins County and the municipalities therein have identified a history of
damages resulting from flooding, severe storms, winter storms, and other weather-related phenomena, and
have recognized the potential for future damages resulting from natural, human -caused, and technological
disasters, and
WHEREAS, an all -hazards mitigation plan can provide recommendations to help prevent and
minimize the damages resulting from such events, and
WHEREAS, the adoption of an all -hazards mitigation plan is required to be eligible to receive
State and Federal funding for hazard mitigation initiatives, and
WHEREAS, the Towns of Dryden and Newfield and the City of Ithaca are developing or have
developed their respective hazard mitigation plans, and
WHEREAS, the County of Tompkins and the towns of Caroline, Danby, Enfield, Groton, Ithaca,
Lansing, and Ulysses (Partners) executed a Memorandum of Understanding in 2003 to develop a Multi -
Jurisdictional All -Hazards Mitigation Plan (Plan), and
WHEREAS, the Partners subsequently drafted the Plan in accordance with the requirements of
the New York State Emergency Management Office (SEMO), Federal Emergency Management Agency
(FEMA), and Disaster Mitigation Act of 2000, and
WHEREAS, the Plan includes jurisdiction -specific recommendations to minimize the damages
associated with natural, human -caused, and technological disasters, and
WHEREAS, the Plan has been made available for public review online at the Tompkins County
Planning Department Hazard Mitigation website (http://www.tompkins-co.org/planning/haz_mit.htm) and
by placement in municipal offices, the Tompkins County Planning office, and the Tompkins County
Public Library, with notices published in the Ithaca Journal, the local paper of record, inviting public
comment, and
WHEREAS, public meetings were hosted by the Partners throughout the development of the Plan
to discuss the contents of the Plan with members of the public, and
WHEREAS, comments from the public and Partners have been incorporated into the Plan, and
WHEREAS, the revised Plan is wholly supported by its State and Federal reviewers, and
WHEREAS, once all the hazard mitigation plans for the respective jurisdictions in Tompkins
County are complete, the County, Towns, and City of Ithaca will work to coordinate the implementation
of the hazard mitigation plans, and
WHEREAS, Tompkins County has reviewed the Plan and affirms that the Plan will be updated
no less than every five years, now therefore be it
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February 21, 2006
RESOLVED, on recommendation of the Planning, Development, and Environmental Quality
Committee, That Tompkins County adopts the Tompkins County Multi -Jurisdictional A11 -Hazards
Mitigation Plan as its all -hazards mitigation plan, and resolves to execute the actions in the Plan.
SEQR ACTION: TYPE: I1-21
Report from the Personnel Committee
Mr. Dennis, Chair, reported the Committee met on February 8th and discussed the health benefits
the County offers. The County's health care consultant was present and reviewed the present plan with
the Committee. Mr. Dennis said the health plan will be a big part of negotiations over the next five years.
The Committee also developed a list of goals for 2006. The next meeting will be March 8th.
Report and Appointment(s) from the Government Operations Committee
Ms. Herrera, Chair, reported the Committee met on February 15th. She said staff is in the process
of setting up a meeting to discuss the bus passes. She spoke of the lease agreement approved for the
Motor Vehicle Department Office and stated cleaning of the Office is included in the price. The
Committee discussed appointments to the Library Board of Trustees and at a later date the bigger issue of
advisory board appointments will come before the Committee for discussion. The Committee was also
presented with and accepted minor changes to the application form which staff will begin to use.
Jackie Kippola, Contracts Coordinator, spoke to the Committee about risk management and
reported the pay out for self-insurance has been controlled and is declining for the period 1993 to 2005.
Ms. Kippola spoke to the Committee about how proactive measures are being taken to shift the risk to
contractors with their own insurance, as well as other actions to reduce the likelihood, frequency, and
severity of accidents and incidents. The Committee also heard about the HAVA (Help America Vote
Act) report. Elizabeth Cree and Stephen Dewitt, Election Commissioners, reported on information they
have received from the State Board of Elections about recent developments in the decision-making
process at the State level. There is a second draft that is now available for public comment until February
24 on the State website. Manufacturers are waiting for the regulations to become finalized before
manufacturing their product.
Applications are being accepted for the position of Deputy County Administrator and are
available for review in the County Administrator's Office through February 24th. She announced a tour
of the Human Rights Commission will take place on March 14 at 2 p.m.
Appointment to Library Board of Trustees
It was MOVED by Ms. Herrera, seconded by Ms. Robertson, to approve the reappointment of
Leonardo Vargas -Mendez to the Library Board of Trustees for a term expiring December 31, 2008. Mr.
Stevenson said prior to voting in support of a candidate to the Board of Trustees, he was interested in
hearing that a candidate would not be in favor of another Library Referendum proposal. A voice vote on
the appointment resulted as follows: Ayes - 12, Noes - 1(Legislator Stevenson), Excused - 2 (Legislators
Koplinka-Loehr and Sigler). APPOINTMENT APPROVED.
Approval of Minutes of February 7, 2006
It was MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice vote by
members present, to approve the minutes of February 7, 2006 as corrected. MINUTES APPROVED.
Adjournment
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February 21, 2006
On motion the meeting adjourned at 7:08 p.m.
58
March 7, 2006
Regular Meeting
Called to Order
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: 13 Legislators. Excused: 2 (Legislators Herrera and Stevenson).
Privilege of the Floor by the Public
Rebecca Elgie, representative of the Tompkins County Health Care Task Force, invited
Legislators to attend a health care hearing to be held March 18th from 1- 5 p.m., at Tompkins Cortland
Community College. This is part of a national movement for single payer on health care. She said citizen
congressional hearings are being held throughout the nation. One component of the hearing will be
dedicated to the Medicare Part D prescription law; there will be testimony by individuals affected by the
law.
Privilege of the Floor by Legislators
Mr. Proto, District No. 7 Legislator, spoke regarding the Universal Service Charge that appears
on telephone bills and their current status, and the NYSEG (New York State Electric and Gas) invoices
stating that cases where bills have been estimated he has found that those estimates appear to be
extremely high and asked that people review their bills closely. He said he has prepared information that
will be sent to the Public Service Commission because he has not received a response from NYSEG.
Mr. Proto, on behalf of the Agriculture and Farmland Protection Board, read a notice alerting
farmers in Tompkins County that the deadline for submitting agricultural assessment applications to the
Tompkins County Assessment Department is April 1. Mr. Proto will provide the Clerk of the Legislature
with information on this.
Mr. Dennis, District No. 15 Legislator, commented on an article entitled "A Titan of Tompkins"
which appeared in the Ithaca Journal. This article referred to an individual by the name of Cal Walker
who is a long-time resident of the community. Mr. Dennis said Mr. Walker has done a great deal for
children in Tompkins County and richly deserved the article that was written about him. Mr. Dennis said
he and Mr. Shinagawa visited Northeast Elementary School last week and thanked the Departments of
Planning, Health, and the Sheriffs Office for providing materials for them to distribute to the children.
Mr. Koplinka-Loehr announced that effective March 1 the Solid Waste Fee structure changed;
therefore, everyone should plan accordingly.
Mrs. McBean-Clairborne, District No. 2 Legislator, reported March is Women's History Month
and reminded everyone that the second annual Sister Friends Celebrating Sisterhood luncheon a
celebration of women in Tompkins County will be held on March 9th. Mrs. McBean-Clairborne thanked
her friends and colleagues for their support as she prepares to give birth to a child.
Ms. Robertson, District No. 13 Legislator, reported that over the last weekend she attended the
10th Anniversary meeting of the Democratic Rural Conference held at the Statler Hotel. They heard
from candidates for Governor, Attorney General, Senate, and also heard from Senator Clinton. She said
one of the speakers was Jonathan Tasini who is running for the United States Senate. Mr. Tasini is a
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March 7, 2006
vocal opponent of the Iraq War and will be speaking tomorrow evening at 8 p.m. at the Public Library.
Ms. Robertson noted as of this week there have been 2,300 Americans killed in that war.
Report from the Chair
Mr. Joseph said it has been a sad week as Tompkins County has lost two of its employees --
Leslie Goehner, Department of Probation and Community Justice retiree, and Jeffrey Vandermark from
the Division of Facilities.
Report from the County Administrator
Mr. Whicher reported there have been in excess of 75 applications received for the position of
Deputy County Administrator. The process will continue moving forward and he will keep the
Legislature posted.
Mr. Whicher reported on the Communications Capital Project and said three responses to the bid
for site work came in higher than anticipated; he will be presenting the Public Safety Committee with a
summary of the overall financing of the project at the Committee's next meeting.
Report from the County Attorney
Steve Flash, Assistant County Attorney, had no report.
Report from the Finance Director
Mr. Squires reported ten bids were received on February 28th on the bond notes; this is the largest
response he can recall. He said there were $7,020,000 bonds sold at an average interest rate of 3.49%.
There was a $420,000 bond anticipation note at a one-year term at a rate of 3.53% compared to the eight-
year rate of 3.49%.
Addition of Resolution(s) to the Agenda
It was MOVED by Mrs. McBean-Clairborne, seconded by Mr. Proto, and unanimously adopted
by voice vote by members present, to add to the agenda the resolution entitled Requesting Federal and
State Assistance for the Public Safety Communications System.
Withdrawal of Resolution(s) from the Agenda
There were no resolution(s) withdrawn from the agenda.
Approval of Resolution(s) Under the Consent Agenda
It was MOVED by Mr. Booth, seconded by Ms. Kiefer, and unanimously adopted by voice vote
by members present, to present for approval the following resolution under the Consent Agenda:
RESOLUTION NO. 27 - AUTHORIZATION TO ENTER INTO A CONTRACT WITH
PICTOMETRY FOR DIGITAL AERIAL PHOTOGRAPHY
PRODUCTS RELATED TO THE E-911 COMMUNICATIONS
SYSTEM
MOVED by Mr. Booth, seconded by Ms. Kiefer, and unanimously adopted by voice vote by
members present under the Consent Agenda.
60
March 7, 2006
WHEREAS, Resolution No. 34 of 2004 authorized the Department of Emergency Response to
apply to the New York State 911 Board for funding to assist the County in achieving "Phase 2" capability
for the 911 emergency call system, and
WHEREAS, Resolution No. 104 of 2005 authorized the Department of Emergency Response to
accept grant funding from the New York State 911 Board for funding to assist the County in achieving
"Phase 2" capability for the 91 1 emergency call system, and
WHEREAS, the Department of Emergency Response and the Department of Information
Technology Services have researched and coordinated the implementation of "Phase 2" capability for
various on-going and planned projects, including the Pictometry system, and
WHEREAS, the Pictometry digital aerial photography products and integration within the E-91 1
Computer Aided Dispatch (CAD) system will greatly expedite the identification of true event locations by
dispatch personnel and in turn provide police, fire, ambulance, and other emergency crews with more
accurate and timely data, now therefore be it
RESOLVED, on recommendation of the Public Safety Committee, That the County
Administrator, or his designee, is authorized to enter into a contract for up to one year with Pictometry as
a sole source vendor for professional services for the purchase of digital aerial photography and a
software system to improve "Phase 2" emergency response capabilities at a contract price not to exceed
$178,884.60.
SEQR ACTION: TYPE II -20
RESOLUTION NO. 28 - ADOPTION OF BYLAWS - EMERGENCY COMMUNICATIONS
REVIEW AND OVERSIGHT COMMITTEE
MOVED by Mr. Booth, seconded by Ms. Kiefer, and unanimously adopted by voice vote by
members present under the Consent Agenda.
WHEREAS, Resolution No. 318, dated December 19, 2002, recognized the E911 Operations
Committee and established the Emergency Communications Review and Oversight Committee, and
WHEREAS, the Emergency Communications Review and Oversight Committee drafted and
adopted Bylaws unanimously at the July 20, 2005 meeting, and in response to Legislature questions
amended them on February 15, 2006, now therefore be it
RESOLVED, on recommendation of the Public Safety Committee, That these Bylaws be adopted
and filed with the Clerk of the Legislature.
SEQR ACTION: TYPE 11-20
RESOLUTION NO. 29 - AUTHORIZATION TO INCREASE HOURS — WIC PROGRAM
DIRECTOR — HEALTH DEPARTMENT
MOVED by Mr. Booth, seconded by Ms. Kiefer, and unanimously adopted by voice vote by
members present under the Consent Agenda.
WHEREAS, the WIC Program has sufficient State/Federal funds to increase the WIC Director's
time,
WHEREAS, the New York State Department of Health has authorized the program to increase
the hours, now therefore be it
RESOLVED, on recommendation of the Health and Human Services and Budget and Capital
Committees, That the position of WIC Program Director (14/598), labor grade N, competitive class, be
increased from 35 hours per week to 40 hours per week effective March 26, 2006,
RESOLVED, further, That this increase in hours shall be permanent as long as there are sufficient
grant funds to cover the increase in hours,
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March 7, 2006
RESOLVED, further, That this change is 100 percent funded by the WIC Program grant.
SEQR ACTION: TYPE II - 20
RESOLUTION NO. 30 - BUDGET ADJUSTMENTS — VARIOUS DEPARTMENTS
MOVED by Mr. Booth, seconded by Ms. Kiefer, and unanimously adopted by voice vote by
members present under the Consent Agenda.
RESOLVED, on recommendation of the Health and Human Services Committee,
Director of Finance be directed to make the following budget adjustment on his books:
Office for the Aging
Revenue Acct Title Amt Approp Acct Title(s)
$ 66
$ 286
$1,667
$ 332
$1,101
$ 200
$ 485
$1,104
6790.43803
6790.43803
6790.43803
6790.43803
6790.43803
6790.43803
6790.43803
6790.43803
Explanation:
State Revenue
State Revenue
State Revenue
State Revenue
State Revenue
State Revenue
State Revenue
State Revenue
Reappropriated money to be
6790.54472 Telephone
6790.54303 Supplies
6790.54330 Printing
6790.54452 Postage
6790.52206 Computer Equipment
6790.54400 Program Expense
6790.54412 Travel and Training
6790.54402 Advertising
used in 2006 Long Term Care Insurance Program.
That the
WIC -4012
Revenue Acct Title Amt Approp Acct Title(s)
4012.44402 WIC Federal Aid $12,850 4012.54400 Program Expense
4012.44402 WIC Federal Aid $ 400 4012.54330 Printing
4012.44402 WIC Federal Aid $ 258 4012.54412 Travel/Training
Explanation: Materials for the Health Lifestyle FitWIC Program through the WIC Program. Printing for
handouts/surveys for FitWIC Program. Training for FitWIC Program. Funds were made available from
New York State Department of Health to promote the Healthy Lifestyle FitWIC Program.
SEQR ACTION: TYPE 11-20
RESOLUTION NO. 31 - SCHEDULING A PUBLIC HEARING FOR ADDITIONS TO
AGRICULTURAL DISTRICT NO. 1 (EAST SIDE OF CAYUGA
LAKE)
MOVED by Mr. Booth, seconded by Ms. Kiefer, and unanimously adopted by voice vote by
members present under the Consent Agenda.
WHEREAS, Resolution No. 25 of 2004 designated November as an annual review period when
landowner proposals for inclusion of viable agricultural lands within existing certified agricultural
districts will be accepted for review and action by the Tompkins County Legislature, and
WHEREAS, two landowners have requested addition of parcels (184 Lower Creek Road, Etna,
and 583 Sheldon Road, Etna) totaling 71.36 acres to Tompkins County Agricultural District 1 and no
landowners have requested addition of parcels to Tompkins County Agricultural District 2, and
WHEREAS, the County Legislature is required to hold a public hearing and act on such proposals
within 120 days under New York State Agriculture District Law, now therefore be it
RESOLVED, on recommendation of the Planning, Development, and Environmental Quality
Committee, That a public hearing be held before the Tompkins County Legislature in Legislative
Chambers of the Tompkins County Courthouse, 320 North Tioga Street, Ithaca, New York, on Tuesday,
March 21, 2006, at 5:30 o'clock in the evening thereof concerning additions to the Agriculture Districts of
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March 7, 2006
Tompkins County. At such time and place all persons interested in the subject matter will be heard
concerning the same,
RESOLVED, further, That the Clerk of the County Legislature is authorized to place proper
notice of this public hearing in the official newspaper of the County.
SEQR ACTION: TYPE 11-20
Approval of Appointment(s) Under the Consent Agenda
It was MOVED by Mr. Booth, seconded by Ms. Kiefer, and unanimously adopted by voice vote
by members present, to approve the following appointment(s) under the Consent Agenda:
Environmental Management Council
Stephen Nicholson - Town of Caroline representative; term expires December 31, 2007
Criminal Justice Advisory/Alternatives to Incarceration Board
Gwen Wilkinson - District Attorney representative; term expires December 31, 2006
Randolph W. Haus - Alternate representative of a Local Police Agency; term expires December 31, 2006
STOP -DWI Advisory Board
Gwen Wilkinson - District Attorney representative; term expires December 31, 2008
Local Emergency Planning Committee
Frank Proto, Chair, Health and Human Services; no set terms
Lee Shurtleff, Director of Emergency Response; no set terms
Traffic Safety Committee
Michael Hattery; term expires December 31, 2007
Richard Booth; term expires December 31, 2007
Leslyn McBean-Clairborne; term expires December 31, 2008
Michael Koplinka-Loehr; term expires December 31, 2008
Fire, Disaster, and EMS Advisory Board
Benjamin C. Caskey - Town of Newfield representative; term expires December 31, 2008
Board of Health
Greg Stevenson - County Legislator; term expires December 31, 2007
Youth Services Board
Amy Brown - Town of Newfield representative; term expires December 31, 2008
Report and Presentation of Resolution(s) from the Public Safety Committee
Mrs. McBean-Clairborne, Chair, reported the committee met on March 2 and again immediately
before this meeting. The Committee heard updates on the Communications Capital Project and also
Dispatch Operations. She said there will be more discussion about the Jail population and Committee
goals at the next meeting.
RESOLUTION NO. 32 - REQUESTING FEDERAL AND STATE ASSISTANCE FOR THE
PUBLIC SAFETY COMMUNICATIONS SYSTEM
MOVED by Mrs. McBean-Clairborne, seconded by Mr. Booth. A voice vote resulted as follows:
Ayes - 13, Noes - 0, Excused - 2 (Legislators Herrera and Stevenson). RESOLUTION ADOPTED.
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March 7, 2006
WHEREAS, the age, condition, and technological obsolescence of Tompkins County's Public
Safety Communications System (PSCS) has required the County to pursue a total system replacement, as
recommended through independent evaluations, and
WHEREAS, the County did institute a long-term Capital Project in 1998; completed Phase 1
construction of an Emergency Response Center in 2004, thereby establishing a preliminary network
headquarters; and, further, negotiated a contract for system replacement in 2005, and
WHEREAS, system construction and implementation will begin in 2006 with completion
anticipated mid -2007, representing a commitment of over $15 million in local funding, and
WHEREAS, replacement of mobile and handheld radios, mobile data equipment, pagers, and
other subscriber equipment used by emergency responders must also be replaced to ensure full system
functionality and communication interoperability between public safety agencies and other emergency
management partners, and
WHEREAS, the cost of subscriber equipment is estimated at $4 million and will place additional
and significant financial burden upon the County, local governments, and approximately forty volunteer
and career response organizations, now therefore be it
RESOLVED, on recommendation of the Public Safety Committee, That the Tompkins County
Legislature hereby establishes the timely completion of the PSCS as the County's top priority for
receiving additional State and Federal funding and requests the assistance of our Federal and State
legislators to identify and secure any funding sources available to fulfill this critical public safety need,
RESOLVED, further, That the County Administrator is hereby directed to communicate this
message of priority and need to County departments,
RESOLVED, further, That this message of priority, need, and request be immediately
communicated to Tompkins County's Federal and State Legislators by County Administration and the
Department of Emergency Response.
SEQR ACTION: TYPE I1-20
Report and Presentation of Resolution(s) from the Budget and Capital Committee
Mr. Koplinka-Loehr, Chair, reported the Committee met on February 27th and continued its
tutorial on the budget process. He said because of some cost overruns in the 2005 budget the Committee
spent time hearing detailed presentations from the Assigned Counsel and Preschool Education Program
about the causes of those overruns and what may be done to contain those costs in the future. The
Committee heard from Administration that Jevon Grogan will be taking over the duties of the Public
Information Officer until a replacement is hired from the Civil Service list.
RESOLUTION NO. 33 — AUTHORIZATION OF A LEASE FINANCING AGREEMENT WITH
CHASE EQUIPMENT LEASING CORPORATION
MOVED by Mr. Koplinka-Loehr, seconded by Mrs. McBean-Clairborne. Ms. Kiefer referred to
the last Resolved and asked if this would mean an amendment would be at the same interest rate; Mr.
Koplinka-Loehr said that it does not necessarily mean that. She said she did not understand why the
County was not doing what was done in the past, which was to have the original resolution be up to a
higher amount to cover the higher dollar figure so that the better rate could be secured for the total. Mr.
Squires said when proposals were put out they went with $8 million. Lease financing is tied to the
Treasury Index and when the situation came in with the towers it looked like the budget was going to be
challenged to stay within the amount that was already borrowed. He said there is always a possibility that
the County could go out to bid at a later date; however, this will provide the tool to lock in additional
financing with this lender. Otherwise, the County would incur some issuance expenses to secure more
money. Ms. Kiefer felt the initial request should be for a higher dollar figure and asked why that was not
possible. Mr. Squires said if that were to be done it would adjust the rate because the interest was
effective the day of the proposal; any changes would allow the lender to amend the rate.
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March 7, 2006
A voice vote resulted as follows: Ayes - 13, Noes - 0, Excused - 2 (Legislators Herrera and
Stevenson). RESOLUTION ADOPTED.
WHEREAS, the County of Tompkins has an approved capital project for the replacement of the
public safety communication system, and
WHEREAS, the Director of Finance has advertised for "lease financing" to permanently finance
a portion of the contract with Motorola that was authorized by Resolution No. 266 of 2005, and
WHEREAS, Chase Leasing Equipment Corporation provided the most cost-effective proposal of
the six proposals received, now therefore be it
RESOLVED, on recommendation of the Budget and Capital Committee, That the Tompkins
County Administrator is authorized to execute a Master Lease Agreement with Chase Leasing Equipment
Corporation in the amount of $8 million dollars for a ten-year period,
RESOLVED, further, That should additional project financing requirements become necessary
that the Finance Director is authorized to negotiate an amendment to the Master Lease in an amount not to
exceed $4 million dollars.
SEQR ACTION: TYPE II -20
Report from the Strategic Planning Committee
Mr. Koplinka-Loehr, Chair, reported the Committee has not met. A meeting with department
heads will be scheduled soon.
Report from the Workforce Diversity and Inclusion Committee
Mrs. McBean-Clairborne, Chair, reported the Committee met on February 25th and spoke to Pat
Pryor who is a representative of the LGBT community as the Committee continued its discussion around
voluntary demographic information that comes with Tompkins County employment forms. Mrs.
McBean-Clairborne said the Committee was approached because there is a local law that provides
protection for LGBT status. Ms. Pryor presented ideas that lead to a discussion about the County's form;
this topic will continue to be discussed. The Committee also received from Dave Richardson of Cornell
University, contract language that includes information about diversity and inclusion language in the
contract process used by Cornell University.
Report and Presentation of Resolution(s) from the Health and Human Services Committee
Mr. Proto, Chair, reported the Committee met on March 1 and had a lengthy discussion about the
public water supply and how it pertains to Bolton Point. The discussion was a review of the fairness of
the fee that has been proposed and approved by this Legislature for 2004-2006. John Andersson, Director
of Environmental Health, was asked to contact other counties and to present the Committee with a few
options at the next meeting. The Committee also received a report on FEMA (Federal Emergency
Management Office) funds that were received last year. Those funds in the amount of $35,000 went
primarily to food pantries. Mr. Proto said the Committee will continue a discussion of goals for 2006 at
the next meeting on April 5th.
Mr. Shinagawa spoke of the Board of Health appointment made under the Consent Agenda. He
said the primary concern raised at the Committee meeting related to the appointment of Legislators to
public seats.
RESOLUTION NO. 34 — AUTHORIZATION TO INCREASE HOURS AND APPROPRIATION
FROM CONTINGENT FUND — HEALTH DEPARTMENT
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March 7, 2006
MOVED by Mr. Proto, seconded by Ms. Robertson. A short roll call vote resulted as follows:
Ayes - 13, Noes - 0, Excused - 2 (Legislators Herrera and Stevenson). RESOLUTION ADOPTED.
WHEREAS, the WIC Program record review is projected to be completed by April 29, 2006, and
WHEREAS, additional staff hours are required to complete this review, including the Public
Health Director (2.5 hours/week approved by Resolution No. 255 of 2005), Director of Patient Services,
one Community Health Nurse (20 hours/week), and one Health Aide (7 hours/week), and
WHEREAS, funds were not budgeted to complete this record review and are requested from the
contingent fund, now therefore be it
RESOLVED, on recommendation of the Health and Human Services Committee and Budget and
Capital Committees, That the standard workweek of the Director of Patient Services (88-230), shall be
temporarily increased from 35 hours to 40 hours per week, effective March 26, 2006,
RESOLVED, further, That the temporary increase in the authorized workweek will sunset on
April 29, 2006,
RESOLVED, further, That the Director of Finance is hereby authorized and directed to make the
following budget appropriation:
FROM: A1990.54440
TO: A4010.51000250
A4010.58800
A4016.51000230
A4016.51000580
A4016.51000654
A4016.58800
SEQR ACTION: TYPE I1-20
Contingent Fund
Public Health Director
Fringes
Director of Patient Services
Community Health Nurse
Health Aide
Fringes
$13,673
$ 1,257
490
2,943
4,683
954
3,346
RESOLUTION NO. 35 — APPROPRIATION FROM CONTINGENT FUND — TERMINAL PAY —
HEALTH DEPARTMENT
MOVED by Mr. Proto, seconded by Mr. Shinagawa. A short roll call vote resulted as follows:
Ayes - 13, Noes - 0, Excused - 2 (Legislators Herrera and Stevenson). RESOLUTION ADOPTED.
WHEREAS, the Health Department had an Administrative Assistant resign effective December
30, 2005, and
WHEREAS, the Fiscal Policy of Tompkins County allows for terminal pay from the Contingent
Fund, now therefore be it
RESOLVED, on recommendation of the Health and Human Services and Budget and Capital
Committees, That the Director of Finance is hereby authorized and directed to make the following budget
appropriation:
FROM:
TO:
A1990.54440
A4010.51000535
A4010.58800
SEQR ACTION: TYPE 11-20
Contingent Fund
Administrative Assistant
Fringes
Report from the Facilities and Infrastructure Committee
$ 457
$ 329
$ 128
Mr. Randall, Chair, reported the Committee has not met since the last Legislature meeting. The
next meeting will be March 14 at the Ithaca -Tompkins Regional Airport.
Report and Presentation of Resolution(s) from the Planning, Development and Environmental
Quality Committee
66
March 7, 2006
Ms. Robertson, Chair, reported the Committee has not met since the last Legislature meeting. At
the next meeting there will be a discussion of Committee goals for 2006.
RESOLUTION NO. 36 - APPROVAL OF CONTRACT FOR BEAUTIFICATION, SIGNAGE
AND PUBLIC ART PLAN
MOVED by Ms. Robertson, seconded by Mr. Dennis. Mr. Proto said there needs to be a review
of the items that are included in the beautification piece, particularly the Commons. He said the City
needs to participate financially in maintaining the Commons and that it cannot always come out of the
Room Tax. He said this study is underway at the present time. Ms. Robertson said the Planning,
Development, and Environmental Quality Committee heard from Gary Ferguson at the last meeting that
the retail market on the Commons is being driven by tourists. She said when surveys of tourists are
conducted, the number one destination that is mentioned is the Commons. She said the City is central to
the importance of the health of the Countywide economy. Ms. Kiefer had questions about what
administration is done by Chamber of Commerce compared to that done by Cooperative Extension, and
Mr. Booth noted that although the program refers to public art, there is no money allocated for that this
year.
A voice vote resulted as follows: Ayes - 13, Noes - 0, Excused - 2 (Legislators Herrera and
Stevenson). RESOLUTION ADOPTED.
WHEREAS, the 2006 budget authorized spending $90,000 from the Room Tax Fund for the
County Beautification, Signage, and Public Art Plan to further the County's tourism program, and
WHEREAS, the scope of services for the Beautification, Signage, and Public Art Plan requires
expertise in the area of landscape planning and architecture which are possessed by staff at Cooperative
Extension and other sub -contractors of the Chamber of Commerce, and
WHEREAS, the Chamber of Commerce wishes to lead this project to completion by accepting
the revenue to contract out the work with those who have expertise in this area, 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 execute an amendment to the
Chamber of Commerce tourism promotion contract for $90,000 to carry out the tasks outlined in the
"2006 Tompkins County Beautification Program" dated February 8, 2006.
SEQR ACTION: TYPE 1I-20
Report from the Personnel Committee
Mr. Dennis, Chair, reported the Committee will meet tomorrow. One item on the agenda is a
discussion of the salaries of elected officials.
Report from the Government Operations Committee
Mr. Sigler, Vice Chair, reported the Committee has not met since the last Legislature meeting. At
the next meeting the Committee will discuss the County's Communications Policy and will be looking at
the process for making appointments to advisory boards.
Report from the Library Committee
Mr. Joseph, Chair, reported the Committee has completed its business after three meetings and
will disband. The Committee discussed communications issues and the way Library budget presentations
had been made and received, the feelings that were evoked around the process, and the assumptions that
were made. Mr. Joseph said the Committee did a fair amount of work to straighten out communications
issues. The main recommendation out of the Committee is that the Library hold an early budget
67
March 7, 2006
presentation similar to the ones given by TCAT and Tompkins Cortland Community College, with an
outreach to the Legislature to obtain feedback.
Approval of Minutes of February 21, 2006
It was MOVED by Mr. Booth, seconded by Ms. Robertson, and unanimously adopted by voice
vote by members present, to approve the minutes of February 21, 2006 as submitted. MINUTES
APPROVED.
Executive Session
It was MOVED by Mr. Booth, seconded by Ms. Robertson, and unanimously adopted by voice
vote by members present, to enter into executive session at 6:35 p.m. to discuss a personnel matter. The
following action was taken in executive session.
Addition to the Agenda
It was MOVED by Mr. Proto, seconded by Mr. Booth, and unanimously adopted by voice vote by
members present, to add the resolution entitled "In Appreciation of Retiring Office for the Aging
Department Head, Irene Stein" to the agenda.
RESOLUTION NO. 37 - IN APPRECIATION OF RETIRING OFFICE FOR THE AGING
DEPARTMENT HEAD, IRENE STEIN
MOVED by Mr. Proto and unanimously seconded and adopted by voice vote by members
present.
WHEREAS, since April of 1985, Irene Stein has devoted twenty-one years of service to the
senior citizens of Tompkins County, first as a Community Service Elderly Grants Coordinator, followed
by the position of Aging Services Planner, and taking the role of Director of the Office for the Aging in
May of 1991, and
WHEREAS, Irene, in her capacity as Department Head and defacto Chair of the Health and
Human Services Cabinet, has demonstrated an extremely admirable degree of leadership, which was
greatly appreciated by her colleagues, and
WHEREAS, through her leadership qualities, Irene has demonstrated enthusiastic dedication
towards public service, and in particular the needs of the aging population within the County, and
WHEREAS, Irene, in her capacity as Director of the Office for the Aging, has placed an
emphasis on professionalism and recognizing future needs of senior citizens of the County, and
WHEREAS, as a result of the Millennium Report (1999), which indicated there will be a
significant increase in the number of senior citizen residents within the County, Irene recognized the
importance of long-range planning for not only her Department, but all facets of Tompkins County
government, and
WHEREAS, Irene assisted in creating and fostering strong support for a wide range of programs,
including the Foodnet; Personal Emergency Response System; expanding the Long Term Care Unit;
Mini -Home Repair Program; incorporating the Housing Options for Seniors Today (HOST) in
cooperation with Cornell Cooperative Extension, providing housing, counseling, home -sharing and
reverse mortgage counseling to seniors; as well as numerous other programs that direct senior citizens to
necessary services enabling them to remain in their residences whenever possible, and to live with
dignity, now therefore be it
RESOLVED, on recommendation of the Health and Human Services Committee, That the
Tompkins County Legislature recognizes, on the occasion of her retirement, the many significant
contributions Irene has made to preserve and improve the quality of life for the citizens of our County,
68
March 7, 2006
RESOLVED, further, That the Tompkins County Legislature extends its sincere appreciation and
best wishes to Irene on this well-deserved occasion.
SEQR ACTION: TYPE I1-20
The meeting returned to open session at 6:41 p.m.
Adjournment
On motion the meeting adjourned at 6:41 p.m.
69
March 13, 2006
Special Meeting
Called to Order
Chair Joseph called the meeting to order at 2:50 p.m.
Roll Call of Members
Present: 11 Legislators; Excused: 4 (Legislators Hattery, McBean-Clairborne, Proto, and
Randall).
Appointments — Ethics Advisory Board
It was MOVED by Ms. Herrera, seconded by Ms. Kiefer, and unanimously adopted by voice vote
by members present, to approve the following appointments:
Ethics Advisory Board
Willard Ticknor Daetsch — term expires December 31, 2009
Faust Rossi — term expires December 31, 2009
Adjournment
The meeting adjourned at 2:54 p.m.
70
March 21, 2006
Regular Meeting
Called to Order
Mr. Joseph called the meeting to order at 5:30 p.m.
Pledge of Allegiance to the Flag
Members and guests participated in the Pledge of Allegiance to the Flag.
Public Hearing — Concerning the Addition of Two Parcels to Agriculture District No. 1 (East Side
of Lake)
Mr. Joseph called the public hearing to order at 5:32 p.m. concerning the addition of two parcels
to Agriculture District No. 1 (East Side of Lake). Mr. Joseph asked if anyone wished to speak. No one
wished to speak and the public hearing was closed at 5:33 p.m.
Roll Call of Members
Present: 14 Legislators (Legislators Booth and Koplinka-Loehr arrived at 5:33 p.m.). Excused:
1 (Legislator McBean-Clairborne).
Privilege of the Floor by the Public
No members of the public wished to speak.
Privilege of the Floor by Legislators
Mr. Dennis, District No. 15 Legislator, announced the upcoming Great Community Read-a-thon
that will take place between March 26 and April 1, 2006. The Read-a-thon was developed to inspire
reading and provide funds for the Family Reading Partnership (FRP). Mr. Dennis spoke highly of the
FRP, which under the direction of Bridget Hubberman has gone from reading to children at WIC
programs to one of national recognition. Mr. Dennis stated the FRP is a good example of a program that
does not require any local funding and has grown and developed over the years to include numerous
programs that provide books free of charge from birth to beyond, encouraging the entire family to become
involved in reading.
Mr. Koplinka-Loehr, District No. 11 Legislator, said a variety of incidents at the Cornell Campus
have occurred that involve diversity and race. With this in mind, he feels a way to encourage acceptance
of others is the upcoming Unity Walk that will take place on Saturday, March 25, 2006, from Calvary
Church to St. Paul's Methodist. He invited all to join.
Ms. Robertson, District No. 13 Legislator, announced that on Tuesday, March 28th, a meeting
organized by the League of Women Voters regarding Unmet Needs of Children will take place at the
Salvation Army Communication Center. Keynote speakers will include Alice Cole, Department of
Health; Patricia Carey, Department of Social Services; and Chris Sanchirico of Catholic Charities. In
addition, there will be a second session for municipal officers held by Better Housing of Tompkins
County at the South Hill Business Center on March 20`n
Ms. Herrera, District No. 5 Legislator, announced that following the Unity Walk on March 25th
there will be the 4th Annual Lift Every Voice/Tear Down the Walls concert at the St. Paul's Methodist
Church. Admission is $8 and will benefit The Village at Ithaca.
71
March 21, 2006
Mr. Booth, District No. 3 Legislator, reported that information recently received by the
Legislature has indicated an increase in the number of farms in Tompkins County. He noted a Syracuse
newspaper also reported an increase in farms in Cortland County as well, indicating these two counties
are ahead of the curve. He then reported that major reconstruction is taking place on the Thurston
Avenue Bridge by the Cornell Campus which will reroute a number of Tompkins Consolidated Area
Transit (TCAT) buses; while there will be some delays he hopes it will be at an acceptable level. Mr.
Booth then reported that during the period of August 2005 to February 2006 there was a 21 percent
increase in TCAT ridership, with the majority of the increase being Cornell University fare -paying
students, staff, and faculty. The number of fare users experienced a modest increase in fares, although the
percentage of riders decreased.
Mr. Shinagawa, District No. 4 Legislator, reported his attendance at a Common Council Planning
meeting on Wednesday, March 15th, at which time the density policy was discussed. He said the
discussion was spearheaded by Mr. David Gelinas, representing the City's Fourth Ward, who suggested
there be a community impact study completed by each potential developer for presentation to the
Industrial Development Agency. The key areas to be addressed within the impact study would be areas of
social and environmental interest to the public and would show officials how the particular interest areas
would be affected. Mr. Shinagawa said the council members in attendance appeared to almost have
complete affirmation and will discuss what criteria/areas should be addressed in a document such as this.
Mr. Shinagawa expressed appreciation to Mr. Gelinas for his diligent work on this subject.
Special Presentation - Tompkins Cortland Community, College
Dr. Carl Haynes, President of Tompkins Cortland Community College, presented the Legislature
with a report on the State of the College. Dr. Haynes said the increased enrollment has been a driving
force for what has occurred at the College, noting the 2004-2005 school year indicated a 6.2 percent
increase. He said that while core enrollment is stable with last year, there is an increased growth as a
result of connections, summer programs, school district programs, and increasing global programs to help
with study abroad for students. Dr. Haynes reviewed the Master Plan and the work being conducted at
the facility that will enhance programs, an increase in the number of school districts the college works
with, and the expansion of online instruction opportunities. A copy of the President's Annual Report was
submitted for the record.
Ms. Herrera expressed her pleasure in the increase of international students. Dr. Haynes said the
college experienced a three-year decline in international enrollment following 9-11; now it appears the
enrollment is rebounding.
Mr. Booth inquired what the capacity of online course enrollment was and how Tompkins
Cortland Community College's enrollment compares to enrollment at Cornell University and Ithaca
College. Dr. Haynes does not believe online course offerings will overtake the need for a facility -based
educational program. What he has seen is that the online offerings are allowing more flexibility for
students to get the courses desired that may not fit in the regular schedule at the College. He also
indicated that online courses are articulated and are transferable to Cornell and Ithaca College.
Ms. Robertson spoke of an activity she attended at the college during which an adjunct professor
spoke of the difficulty of not having health insurance. She is concerned about this information and has
been informed that the adjunct professors provide seventy percent of the instruction and do not have
coverage. Dr. Haynes clarified that while there are physically more adjunct on staff the actual percentage
of coursework they teach is approximately 40 percent. He said they are not provided with health
insurance due to the reduced amount of credit hours they teach. It was noted that a FTE professor teaches
15 credit hours and has additional duties; adjunct professors are limited, with most teaching 3-6 credit
hours.
72
March 21, 2006
Mr. Sigler thanked Dr. Haynes for the tour of the facility. He inquired how many high schools
are participating in advanced coursework. Dr. Haynes indicated last year there were 26 schools this has
increased to approximately 30. He said the level of involvement varies for this program whose goal is to
work with guidance staff, parents, and students to view curriculum in an attempt to allow completion of
an entire semester prior to high school graduation.
Mr. Proto said when he taught previously at the college he had between three to nine credit hours
and did not receive benefits. He explained many were employed elsewhere and had coverage through
their other employer. He said this subject has been an ongoing topic of discussion. Dr. Haynes said the
college periodically reviews its benefits and compares other community colleges and believes the college
is competitive with others.
Mr. Hattery stated he is impressed with the leadership and overall vigor indicated by staff with
regard to the college in general and the upcoming construction project.
Mr. Shinagawa spoke of a summit he attended in the fall of 2005 and noted the faculty and staff
were stellar.
Mr. Randall spoke of his gratitude to the college, noting he graduated as an older student in 1999.
He said his college experiences as a student leader have carried him on to where he is today.
Report from the Chair
Mr. Joseph added information regarding the Library Committee, and announced Mr. Sigler,
liaison to the Tompkins County Public Library, to act as part of the negotiating team for collective
bargaining at the library.
Mr. Joseph then relayed a message from Vice Chair, Leslyn McBean-Clairborne, that she and her
new daughter are doing fine. Mrs. McBean-Clairborne wished to express her appreciation for the calls
and messages.
Report from the County Administrator
Mr. Whicher reported that at this time the field of applicants for the Deputy County Administrator
position has been reduced to 13, and he anticipates that this number will be reduced to 6 by the end of the
week. He said the Legislature will have the opportunity to review the final candidates and he will provide
members with questions relating to this position. He then spoke of his recent trip to Albany with
Emergency Response Director Lee Shurtleff to discuss potential funding from the State for the wireless
network. He said the meeting was encouraging and that the County should be able to expect a sizeable
contribution from the State. Mr. Whicher said it appears the County has made the right choices in their
communication system. Mr. Whicher said the Intermunicipal Cooperation Group has held several
meetings and was given a presentation from Ontario County regarding their health insurance. At the next
meeting on Friday, Tioga County will provide information on their health coverage.
Mr. Whicher requested an executive session to discuss litigation and a personnel matter.
Report from the County Attorney
Mr. Wood also indicated the need for an executive session at the end of the meeting on a variety
of legal matters.
Report from the Finance Director
73
March 21, 2006
Mr. Squires reported starting March 27`h' the auditors will be using the small side of the Scott
Heyman Conference Room for several weeks.
Addition of Resolution(s) to the Agenda
It was MOVED by Mr. Proto, seconded by Mr. Sigler, and unanimously adopted by voice vote by
members present, to add to the agenda the resolution entitled Resolution of Gratitude for Service — Flora
Gross Sagan.
Withdrawal of Resolution(s) from the Agenda
There were no resolution(s) withdrawn from the agenda.
Approval of Resolution(s) Under the Consent Agenda
It was MOVED by Mr. Proto, seconded by Ms. Kiefer, and unanimously adopted by voice vote
by members present, to present for approval the following resolutions under the Consent Agenda:
RESOLUTION NO. 38 — INCREASE IN HOURS - MICROCOMPUTER SPECIALIST -
PROBATION AND COMMUNITY JUSTICE
MOVED by Mr. Proto, seconded by Ms. Kiefer, and unanimously adopted by voice vote by
members present under the Consent Agenda.
WHEREAS, the Department of Probation and Community Justice's Microcomputer Specialist is
required to provide training and assistance to staff with technology issues, including examination of
certain client's computers for compliance with probation conditions for the Department of Probation and
Community Justice, and
WHEREAS, the duties and responsibilities of this Microcomputer Specialist position are such
that they can only be efficiently accomplished in a forty -hour workweek, now therefore be it
RESOLVED, on the recommendation of the Public Safety and Budget and Capital Committees,
that one position of Microcomputer Specialist - Probation and Community Justice (638/12) competitive
class be hereby increased from 35 to 40 hours per week effective February 13, 2006,
RESOLVED, further, That no additional County funding is necessary at this time.
SEQR ACTION: TYPE I1-20
RESOLUTION NO. 39 - APPROVAL OF LEASE EXTENSION — TAUGHANNOCK AVIATION
CORPORATION - ITHACA TOMPKINS REGIONAL AIRPORT
MOVED by Mr. Proto, seconded by Ms. Kiefer, and unanimously adopted by voice vote by
members present under the Consent Agenda.
WHEREAS, Taughannock Aviation Corporation (TAC) recently finished construction on a
General Aviation (GA) Administration Building of approximately 12,000 square feet, and
WHEREAS, said construction is identified as Phase II of a three-phase project in the Airport
Master Plan, and
WHEREAS, one of the finance companies providing partial funding of said GA Administration
Building requires a minimum 20 -year lease term to fully amortize the debt, now therefore be it
RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That TAC's
present lease, expiring on December 31, 2024, be extended by two years to December 31, 2026,
RESOLVED, further, That the County Administrator be authorized to sign a lease extension with
the new term expiring on December 31, 2026.
74
SEQR ACTION: TYPE II -20
March 21, 2006
RESOLUTION NO. 40 - AUTHORIZATION TO CONDUCT A PUBLIC HEARING —
RINGWOOD ROAD BRIDGE REPLACEMENT - PIN 375320 (BIN
3314160)
MOVED by Mr. Proto, seconded by Ms. Kiefer, and unanimously adopted by voice vote by
members present under the Consent Agenda.
WHEREAS, the County intends that a project to replace the bridge carrying Ringwood Road over
Cascadilla Creek (BIN 3314160) in the Town of Dryden be moved forward in an expeditious manner, and
WHEREAS, negotiations for approximately five parcels needed to complete acquisition of the
right-of-way for the project have not yet been completed, and
WHEREAS, the County intends to pursue all means to complete these negotiations in a timely
manner without necessitating legal measures, but must provide for the contingency that the properties in
question may need to be acquired via eminent domain procedures as a last resort, now therefore be it
RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the
Tompkins County Legislature conduct a public hearing pursuant to Section 201 of the Eminent Domain
Procedure Law at the Tompkins County Courthouse on the 18th day of April, 2006, at 5:30 o'clock in the
evening thereof,
RESOLVED, further, That the purpose of said hearing is to inform the public and to review the
public use to be served by the replacement of the Ringwood Road Bridge in the Town of Dryden, and the
impact on the environment and residents of the locality where said project will be constructed,
RESOLVED further, That pursuant to Section 202 of the Eminent Domain Procedure Law, the
Clerk of the Legislature shall cause to be published at least ten days and not more than thirty days prior to
said hearing a notice of same in at least five consecutive issues of the Ithaca Journal,
RESOLVED further, That pursuant to Section 202 of the Eminent Domain Procedure Law, the
Clerk of the Legislature shall cause to be delivered at least ten days and not more than thirty days prior to
said hearing a notice of same to affected landowners.
SEQR ACTION: TYPE 11-20
RESOLUTION NO. 41 - ADDING PARCELS TO AGRICULTURE DISTRICT NO. 1 (EAST
SIDE OF CAYUGA LAKE)
MOVED by Mr. Proto, seconded by Ms. Kiefer, and unanimously adopted by voice vote by
members present under the Consent Agenda.
WHEREAS, Resolution No. 25 of 2004 designated November as an annual review period when
landowner proposals for inclusion of viable agricultural lands within existing certified agricultural
districts will be accepted for review and action by the Tompkins County Legislature, and
WHEREAS, two landowners have requested addition of parcels totaling 71.36 acres to Tompkins
County Agricultural District 1 and no landowners requested addition of parcels to Tompkins County
Agricultural District 2, and
WHEREAS, these requests have been reviewed and recommended for approval by the
Agricultural and Farmland Protection Board and the Planning Advisory Board, and
WHEREAS, the County Legislature held the required public hearing on such proposals on March
21, 2006, and
WHEREAS, the County Legislature is required to act on such proposals within 120 days under
New York State Agriculture District Law, now therefore be it
75
March 21, 2006
RESOLVED, on recommendation of the Planning, Development and Environmental Quality
Committee, That approval is granted for the requested additions to Agriculture District 1 of Tompkins
County, as specified below:
New total acreage of District 1: 102,290 acres
(District 2 remains at 65,594 acres)
Owners of these parcels have requested they be added to the Ag Districts:
Town SWSS Parcel Agriculture District
Dryden 502489 44.-1-3.42 1
Dryden 502489 29.-1-2.1 1
SEQR ACTION: TYPE 11-20
RESOLUTION NO. 42 - AUTHORIZATION TO ACCEPT A GRANT FROM THE NEW YORK
STATE OFFICE OF REAL PROPERTY SERVICES - ASSESSMENT
DEPARTMENT
MOVED by Mr. Proto, seconded by Ms. Kiefer, and unanimously adopted by voice vote by
members present under the Consent Agenda.
WHEREAS, the Tompkins County Assessment Department has been notified of a grant award
from the New York State Office of Real Property Services (ORPS) Real Property Tax Administration
Technology Improvement Program (Grant Program) in the amount of $101,807, and
WHEREAS, the New York State Office of Real Property Services grant represents a project for a
County -wide, "Enterprise" GIS database system to store and provide access to improved tax parcel and
related assessment data, now therefore be it
RESOLVED, on recommendation of the Government Operations Committee, That the County
Administrator or his designee be authorized to execute all contracts related to this award,
RESOLVED, further, That the Director of Finance is authorized and directed to make the
following budget adjustment:
REVENUE: 1355.43089
APPROPRIATION: 1355.54442
1355.52206
1355.52230
SEQR ACTION: TYPE II -20
Other State Aid $101,807
Professional Services $ 50,000
Computer Equipment 27,595
Computer Software 24,212
RESOLUTION NO. 43 - BUDGET ADJUSTMENT — VARIOUS DEPARTMENTS
MOVED by Mr. Proto, seconded by Ms. Kiefer, 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 Government Operations and Personnel Committees,
That the Director of Finance be directed to make the following budget adjustment on his books:
Board of Elections
Revenue Acct Title Amt Approp Acct
Title(s)
1450.43089
1450.43089
1450.43089
1450.43089
1450.43089
Other State Aid
Other State Aid
Other State Aid
Other State Aid
Other State Aid
$16,984
$ 2,907
$ 6,500
$ 1,698
$41,963
1450.51000049
1450.52206000
1450.54425000
1450.58800000
1450.52230000
Project Assistant
Computer Equipment
Service Contracts
Fringes
Computer Software
Explanation: 2005 Grant funds to be reapportioned to 2006 budget for required payments.
76
March 21, 2006
Personnel — Records Management
Revenue Acct Title Amt Approp Acct Title(s)
1460.51000519 Sr. Typist $1,500 1460.54400 Program Expense
Explanation: Due to hiring new employee at a lower labor grade there will be an estimated $1,500
surplus. We are out of shelf space and need to purchase more shelves for records storage.
SEQR ACTION: TYPE I1-20
Report from the Strategic Planning Committee
Mr. Koplinka-Loehr did not have a report. He requested that members of the Committee meet to
set a schedule for the next meeting.
Report from the Public Safety Committee
Mr. Booth, Vice Chair, reported the committee has not met. At the next meeting the Committee
will discuss the memo received from the Health Department relating to the avian flu.
Report from the Workforce Diversity and Inclusion Committee
Chair Joseph said the Committee has not met.
Report and Presentation of Resolution(s) from the Health and Human Services Committee
Mr. Proto, Chair, reported the next meeting will be on April 5th. He said that due to concerns
expressed, he asked Ms. Cole, Public Health Director, to prepare a synopsis including a timeline of how
and when each piece of the State -required plan relating to the flu pandemic to be submitted to the State by
August 1" will be addressed. Mr. Proto said that he would like to have the ability to discuss the
information over the summer and have a joint committee or open meeting at the appropriate time. He
said at this time it would be inappropriate as the draft is not complete.
On a similar topic, Mr. Proto reported his attendance at the Emergency Preparedness Committee
meeting and indicated interest in the vacant legislative seat. He said that this Committee is working on
the Emergency Preparedness Plan that will have seven distinct sections. One of the sections will cover
avian flu and will be completed by Ms. Cole's department. He said Ms. Cole stated that the Health
Department is not responsible to provide service to the entire County should there be a breakout of avian
flu or other major emergency it is a community responsibility with businesses, educational institutions,
etc. Ms. Cole said the Health Department's responsibility in emergencies is to help with what to do,
where to go, how to deal with animals, etc., and requires additional outreach into the community.
Mr. Proto reported there will be upcoming meetings regarding how to effectively reform Long -
Term care in New York State. The closest will take place in Syracuse on April 5th
Ms. Herrera asked if information or guidelines are being provided on a national level to
individuals associated with the poultry industry as they are the most susceptible to the disease. Mr. Proto
said it should be addressed, but he is not sure what is being done nationally. He believes that the State
Commissioner of Health has put out a report addressing some of the concerns. In addition, Cornell
University is working to develop appropriate remedies. When appropriate information is available
regarding these topics he will include it in a Health and Human Services Committee agenda.
RESOLUTION NO. 44 — RESOLUTION OF GRATITUDE FOR SERVICE — FLORA GROSS
SAGAN
77
March 21, 2006
MOVED by Mr. Proto and unanimously seconded and adopted by voice vote of members present.
Mr. Proto read the resolution and spoke highly of the donations of time and energy made by Ms. Sagan.
He thanked Mr. Shinagawa for his participation at the Mental Health Services Committee meeting where
the resolution originated.
WHEREAS, Flora Gross Sagan was a tireless advocate for persons affected by mental illness and
their families, and
WHEREAS, she was an active participant on the Tompkins County Community Mental Health
Services Board from 1989-2005, and
WHEREAS, she was an active participant on the Tompkins County Mental Health
Subcommittee, which advises the Tompkins County Community Mental Health Services Board, from
1990-2005, and served as the Chair of that committee, and
WHEREAS, she was an active member of the Tompkins County Community Mental Health
Services Board Nominating Committee, and actively worked to recruit diverse members of the
community to assist the board in its mission, and
WHEREAS, she took a specialized interest in housing programs for persons affected by serious
mental illness and served as a member of the HOMES, Inc., Board of Directors and the Lakeview Mental
Health Services, Inc., Advisory Committee, and
WHEREAS, she was an active board member that always contributed her time in terms of
researching issues and participating in the review and funding of agency programs, and
WHEREAS, she helped to raise money for a Quality of Life Fund through the sale of locally
produced artwork, to provide additional positive activities for persons affected by serious mental illness,
and
WHEREAS, she located property that enabled the community to have a new community
residence that is convenient and close to services for our citizens, now therefore be it
RESOLVED, on recommendation of the Health and Human Services Committee, That the
Tompkins County Community Mental Health Services Board and the Tompkins County Legislature
would officially like to express their deep appreciation for, and officially recognize the importance of, the
volunteer work and efforts of Ms. Flora Gross Sagan to improve the lives of our citizens affected by
serious mental illness.
SEQR ACTION: TYPE 11-20
Report from the Facilities and Infrastructure Committee
Mr. Randall, Chair, reported the Committee met March 14`h and discussed the resolutions brought
forward. He noted the Highway Division would be participating in the 2006 High School Career
Presentation to be held at The Rink in April. In addition, it was reported the 2006 Unified Work Plan for
the Public Works Divisions is almost complete and that performance evaluations are expected to be
complete by the end of the month. He reported Ms. Nelson has developed an Employment Procedures
Manual covering employee probationary period and Ms. Fitzpatrick, Personnel Commissioner, has asked
to utilize the manual within other departments as well. The labor/management meetings are again taking
place following the completion of bargaining unit negotiations. Mr. Randall reported on a discussion
regarding the newly implemented Solid Waste Fee, noting it appears that while there appears to be fewer
delays due to the change of traffic pattern, a fee adjustment may be necessary for vehicles with between
500 — 1000 pounds. The Committee heard that in a recent meeting with New York State Department of
Transportation to discuss the Brown Road/Route 13 intersection, preliminary information indicated there
is no need to modify any of the traffic patterns; however further discussions indicated there could be a
lack of accident information as reporting of accidents is not consistent. This subject will be reviewed
upon additional accident information received.
Mr. Randall said the Committee is in the process of reviewing a list of potential capital projects in
order to prioritize the list for the 20 -year Capital Program. Additional information will be coming to the
78
March 21, 2006
committee for review. Mr. Proto thanked the Committee for this work and indicated the former Space
Needs and Location Committee had set construction of a new Health Department building as its main
priority.
The next meeting will take place on March 281h.
Ms. Kiefer added that the Committee met at the Crash, Fire and Rescue Building. At the meeting
the Committee approved the final payment to the company that did the modifications to the building; the
project ended successfully.
Mr. Shinagawa indicated the Air Service Board will be bringing forward resolutions to award
bids for the airport cafe; indicating this choice will save the County funds.
Report and Presentation of Resolution(s) from the Planning, Development and Environmental
Quality Committee
Ms. Robertson, Chair, reported the Committee met on March l6'1' and was provided a
presentation from the City of Ithaca regarding the Southwest development. She said it appears that it will
be mostly housing development on City -owned land that will be a significant contribution to the County's
housing shortage. The City has developed a request for proposals and upon determining a contractor for
the project, the City will go through the public planning process. With regard to the Industrial
Development Agency density policy, she said there is no question of the City's support of a density
policy in one form or another. Ms. Robertson and Mr. Marx will be working together on a draft statement
from the County to compile suggestions on how to improve the density policy.
Ms. Robertson said the Committee was updated on the Ithaca -Tompkins County Transportation
Council (ITCTC) park and ride surveys. At this time Cornell University staff as well as the downtown
workers have completed the surveys. The results will be compiled over the next month and will assist in
determining where the demand is greatest. Information on the Cornell University/Town study was also
provided.
Ms. Robertson said the Strategic Tourism Planning Board brought forth a grant request from the
Convention and Visitor's Bureau (CVB) for expansion of their building. A question was raised whether
it should be from the two percent room tax fund, or the three percent capital project fund. The discussion
will continue at the next meeting. On April 18`" Mr. Bonn of the CVB will provide a presentation.
Ms. Robertson said Mr. Marx reported that the report on housing needs is in the final stages and
the Legislature will receive the results at the first April meeting and a community stakeholder meeting
will take place at a later date.
Mr. Proto reported on April 1 s` there will be a Farm Bureau sponsored "Agstravaganza" held at
the Pyramid Mall. This event is family-oriented and will have information and animals for children of all
ages. He also reported that agricultural tax exemptions must be received in Assessment prior to April 1,
2006.
RESOLUTION NO. 45 - AFFIRMING ITHACA-TOMPKINS COUNTY TRANSPORTATION
COUNCIL (ITCTC) RECOMMENDATION TO INCREASE THE
ITCTC STAFF DIRECTOR'S SALARY
MOVED by Ms. Robertson, seconded by Ms. Herrera. A voice vote on the resolution resulted as
follows: Ayes — 13; Noes —1 (Legislator Booth); Excused —1 (Legislator McBean-Clairborne). RESOLUTION
ADOPTED.
79
March 21, 2006
WHEREAS, Tompkins County entered into a Memorandum of Understanding with the Ithaca -
Tompkins County Transportation Council (ITCTC) on September 30, 1992 agreeing that ``.....staff will be
hosted by Tompkins County as an administrative rather than a reporting arrangement staff is selected by
the Council [with] staffing plan, staff qualifications and salary schedule established by the Council", and
WHEREAS, Board Resolution No. 99 of 1993 ``Clarification of Employment Status — Position of Ithaca -
Tompkins County Transportation Council Planning Director" stated the following:
"...the position of Ithaca -Tompkins County Transportation Council Planning Director shall be entitled to the
terms and conditions of employment established by this [County] Board for management employees unless
otherwise recommended by the Council and established by this [County] Board of Representatives", and
WHEREAS, on March 14, 2000, the Director's salary was modified by 1TCTC resolution 00-1 above the
management salary range with the stipulation that the Host Agency, Tompkins County, execute the necessary
administrative procedures to implement this modification, and
WHEREAS, on February 5, 2002, the Tompkins County Board of Representatives passed Resolution No.
6 Affirming Ithaca -Tompkins County Transportation Council (ITCTC) recommendation to establish the ITCTC
Planning Director's salary above the salary range, and
WHEREAS, on March 14, 2006, the ITCTC passed Resolution 06-1 to adjust the salary of the Staff
Director, retroactive to January 1, 2006, based on the Tompkins County proposed 2006 adjustments for
management employees of 2.9%, plus a merit increase of .6%, and
WHEREAS, in keeping with the County's requirement that salaries established above the salary
range be authorized exclusively by resolution, and to establish or affirm recommendations made by
ITCTC that are contrary to the terms and conditions of employment for management staff, now therefore
be it
RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee,
That the Tompkins County Legislature affirm the 3.5 percent increase of the salary for the Ithaca -Tompkins
County Transportation Council Planning Director to a total of $71,744, as approved by the Ithaca -Tompkins
County Transportation Council.
SEQR ACTION: TYPE 11-20
RESOLUTION NO. 46 - APPROPRIATION OF 2006-2007 BUDGETS FOR THE ITHACA-
TOMPKINS-COUNTY TRANSPORTATION COUNCIL
MOVED by Ms. Robertson, seconded by Ms. Kiefer, and unanimously adopted by voice vote by
members present.
WHEREAS, Tompkins County serves as the Host Agency for the Ithaca -Tompkins County
Transportation Council, the Metropolitan Planning Organization for the Ithaca -Tompkins County area,
and
WHEREAS, the County has a contract with the New York State Department of Transportation to
provide funding for the Ithaca -Tompkins County Transportation Council through grants provided by the
Federal Highway Administration and Federal Transit Administration, and
WHEREAS, the Ithaca -Tompkins County Transportation Council has grant authorizations for its
2006-2007 fiscal year, beginning April 1, 2006 and ending March 31, 2007, in the amounts of $260,032 from
the Federal Highway Administration and $38,253 from the Federal Transit Administration, and
WHEREAS, the Policy Committee of the Ithaca -Tompkins County Transportation Council has
adopted resolution 06-2, APPROVAL OF THE 2006-2007 ITHACA-TOMPKINS COUNTY
TRANSPORTATION COUNCIL OPERATING BUDGET, which requests that the Host Agency (Tompkins
County) take the appropriate actions to fully implement said operating budget, now therefore be it
RESOLVED, on recommendation of the Planning, Development and Environmental Quality
Committee, That the budgets for the Ithaca -Tompkins County Transportation Council, as presented in
"ATTACHMENT A" to this resolution, be amended in the 2006 Tompkins County budget and that the
County Finance Director be authorized to expend such funds for the period from April 1, 2006, through
March 31, 2007.
80
SEQR ACTION: TYPE I1-20
March 21, 2006
ATTACHMENT A
2006-2007 ITCTC OPERATING BUDGET
Report from the Personnel Committee
Mr. Dennis, Chair, reported the Committee met March 8th. There was a discussion regarding the
Sheriff and County Clerk salaries, and several options were explored. The Personnel Commissioner will
compile information that will be reviewed at the April 12th meeting. The Committee discussed the
County Diversity Policy; the Workforce Diversity and Inclusion Committee will make a recommendation
on the Diversity Policy that will be brought forward to the Legislature. Mr. Dennis reported the
Committee is setting dates for training of Department Heads at Tompkins Cortland Community College
and are discussing the County's ``Emergency Pool" fund.
81
CODE
DESCRIIPTION
06/07
FHWA
06/07
FTA
06/07
TOTAL
.4959
REVENUES:
FEDERAL AID
$260,032
$38,253
$298,285
EXPENSES:
COMBINED SALARIES
156,457
1
21,335 177,792
.8800
FRINGE
60,881
8,302, 69,183
.2206
COMPUTER EQUIPMENT
2,000
01 2,000
.2210
OTHER EQUIPMENT
500
0 500
.2214
FURNITURE & FIXTURES
500
0
500
.2230
COMPUTER SOFTWARE
400
300
700
.4303
OFFICE SUPPLIES
1,500
500 2,000
.4330
PRINTING
800
316 1,116
.4332
BOOKS/PUBLICATIONS
500
500 1,000
.4400
PROGRAM EXPENSE
15,194
0
15,194
.4402
LEGAL ADVERTISING
750
0 750
.4412
TRAVEL/TRAINING
3,000
3,000
6,000
.4414
LOCAL MILEAGE
2,000
1,000
3,000
.4416
PROFESSIONAL DUES
600
0 600
.4424
EQUIPMENT RENTAL
3,500
0 3,500
.4425
SERVICE CONTRACTS
1,000
OI 1,000
.4432
RENT
600
0 600
.4442
PROFESSIONAL SERVICE FEES
2,600
500, 3,100
.4452
POSTAGE SERVICES
2,000
1,000 3,000
.4472
TELEPHONE
1,250
1,000 2,250
.4618
INTERDEPARTMENTAL
CHARGE
1,000
500
1,500
.4905
CENTRALLY DISTRIBUTED
ITEMS
3,000
0
3,000
TOTAL EXPENSES
260,032
38,253
298,285
Report from the Personnel Committee
Mr. Dennis, Chair, reported the Committee met March 8th. There was a discussion regarding the
Sheriff and County Clerk salaries, and several options were explored. The Personnel Commissioner will
compile information that will be reviewed at the April 12th meeting. The Committee discussed the
County Diversity Policy; the Workforce Diversity and Inclusion Committee will make a recommendation
on the Diversity Policy that will be brought forward to the Legislature. Mr. Dennis reported the
Committee is setting dates for training of Department Heads at Tompkins Cortland Community College
and are discussing the County's ``Emergency Pool" fund.
81
March 21, 2006
Report from the Government Operations Committee
Ms. Herrera, Chair, said the Committee met on March 15`x', and the next meeting will occur on
April 19th. Items discussed were a technical grant; the communications policy, noting it requires
updating to be certain there is accountability as well as security; and the advisory board appointment
policy. With regard to advisory boards and appointments she said the Committee is looking for ways to
come up with templates and consistency if possible and asked that Legislators provide suggestions if
desired. One particular area of discussion was whether legislators should serve as Chair of an advisory
board or hold non -legislative seats. Ms. Herrera said information from the Board of Elections as well as
the foreclosure process will be coming forward in the near future.
Mr. Booth said several years ago the Assessment Department provided information on the variety
of tax exemptions offered and felt it would be useful for the Committee to review them. He would also
like to include a breakout of which ones are required by Federal, State, and/or local law.
Ms. Robertson noted that today is village elections and reminded the public to vote.
Mr. Hattery inquired if the advisory board discussion would include the reduction of legislative
involvement on so many of them. Ms. Herrera said the topic was brought up but there are many ways
these appointments are dictated; one policy would not fit all boards.
Mr. Proto asked if there is one or several criteria used to address the advisory board issue. Ms.
Herrera said some advisory boards have nominating committees, but the criteria for nominating
committees is not all the same; the overall consistency is that everyone has to submit an application, and
residency is a question regarding them as well.
Mr. Proto suggested that with regard to legislative appointments and the questions that are being
discussed the scope be broadened to include all elected officials serving in the capacity of any at -large
seats on County advisory boards. He also suggested that individuals who have employment beyond
elective office be afforded the criteria of being allowed to occupy a seat due to the expertise of work
experience.
Ms. Robertson noted that several years ago an attempt was made to reduce the number of
advisory boards; it is very difficult to do so.
Report and Presentation of Resolution(s) from the Budget and Capital Committee
Mr. Koplinka-Loehr, Chair, called attention to the NYSAC Winter magazine and said there are
many articles of interest, including one by Chair Joseph. He then reported that the 2006 Reader Friendly
Budget document is available. Mr. Koplinka-Loehr said at the March 13th meeting the Committee
continued the overview and tutorial of the budget process and fiscal policies. He reminded Legislators of
the April 27th budget retreat that will finalize the budget parameters for the County's 2007 budget. He
said the committee is looking ahead with regard to the capital plan, understanding that once the Facilities
and Infrastructure Committee made a prioritized list of capital projects it is up to the Budget and Capital
Committee to determine how to balance the need with expenditure levels with respect to the 20 -Year
Capital Plan.
RESOLUTION NO. 47 - APPROPRIATIONS AND BUDGET ADJUSTMENTS FOR SALARY
INCREASE - WHITE COLLAR, MANAGEMENT/CONFIDENTIAL,
AND BLUE COLLAR EMPLOYEES
MOVED by Mr. Koplinka-Loehr, seconded by Ms. Robertson.
82
March 21, 2006
It was MOVED by Mr. Sigler, seconded by Mr. Proto, to offer a substitute resolution. Following
a brief discussion, Mr. Sigler withdrew his motion as the notes following the resolution contained the
information he felt was important. MOTION WITHDRAWN.
In response to Mr. Flattery's question regarding the number of fund balances involved in the
budget adjustments, Mr. Koplinka-Loehr said it is a technical adjustment and does not create any
significant problems. Mr. Booth noted he has voted against virtually all salary increases, however, in this
situation the funds are in the 2006 budget and he will therefore support the resolution.
Mr. Proto indicated that included in the resolution is funding for longevity bonuses in the amount
of $164,476. He does not believe it is appropriate to provide a bonus to employees for longevity. He
questioned whether the explanatory notes attached to the resolution would appear within the official
proceedings of the County and was informed they are not unless requested. Ms. Kiefer requested the
notes contained on the revised resolution appear in the minutes.
A short roll call on the resolution resulted as follows: Ayes — 14; Noes 0; Excused — 1
(Legislator McBean-Clairborne). RESOLUTION ADOPTED.
WHEREAS, Resolution No. 117 of 2005 "ESTABLISHMENT OF GUIDELINES AND FISCAL
TARGETS FOR ALL COUNTY BUDGETING UNITS FOR THE PREPARATION OF THE 2006
BUDGET" stated that all salary changes and associated fringe costs or savings will be paid through or
received by the General Fund, and
WHEREAS, the bargaining agreement between Tompkins County and the White Collar Union,
for the years 2005, 2006, and 2007, was ratified by Resolution No. 187 of September 20, 2005, and
WHEREAS, Management and Confidential 2005 salary adjustments were already included in
2006 fiscal targets, and
WHEREAS, the 2005 Management and Confidential salaries were increased by Resolution No.
139 of July 19, 2005, and
WHEREAS, the bargaining agreement between Tompkins County and the Blue Collar Union for
the years 2005, 2006, and 2007, was ratified on February 7, 2006, by Resolution No. 20, now therefore be
it
RESOLVED, on recommendation of the Budget and Capital Committee, That effective March
22, 2006, the departmental accounts listed on the attached departmental summary document for fiscal
year 2006 will be adjusted from the following revenue accounts:
REVENUE: General Fund Balance, Highway Fund Balance, Airport Fund Balance, Solid Waste
Fund Balance, Workforce Development Fund Balance
RESOLVED, further, That the Departments' Fiscal Targets in preparation for the 2007 budget
have been increased by the net salary and fringe adjustments as reflected in the attached departmental
summary except for positions designated as onetime.
SEQR ACTION: TYPE 1I-20
Note:
The 2006 White and Blue Collar budgeted salary is equal to the 2004 salary schedule.
Management/Confidential were adjusted in 2005. (see Resolution 139 - July 2005). Management and
Confidential employees' 2005 salary adjustments were already calculated and are represented in the 2006
budgeted salary. The 2006 adjustment is equal to 2.895% of budgeted salary (with some fluctuation in
rate to bring Management/Confidential salary schedule level with White Collar).
White Collar employees' 2005 salary adjustment is equal to 2% of budgeted salary and the 2006
salary adjustment is equal to 3.5% of the 2005 adjustment.
Blue Collar employees' 2005 salary adjustment is a one-time payment and does not affect the
base salary. The 2006 adjustment is equal to 3.75% of the 2006 budgeted salaries.
For all salaries the fringe rate is 39%.
83
2006
Budgeted 2005 2006 2006 Net
Longevity Salary Salary Adj. Salary Adj Increase Fringe Adjustment
Assigned Counsel
NYS Unit 1170
CSEA White Collar 450 $71,542 $1,421 $2,538 $3,959 $1,544 $5,503
Management 144 $23,421 $0 $506 $506 $197 $703
Total County Cost 1170: $594 $94,963 $1,421 $3,044 $4,465 $1,741 $6,206
Total Assigned Counsel $94,963 $1,421 $3,044 $4,465 $1,741 $6,206
Board of Elections
NYS Unit 1450
CSEA White Collar 0 $67,348 $1,347 $2,404 $3,751 $1,463 $5,214
Management 450 $201,428 $0 $5,819 $5,819 $2,269 $8,088
Total County Cost 1450: $450 $268,776 $1,347 $8,223 $9,570 $3,732 $13,302
Total Board of Elections $268,776 $1,347 $8,223 $9,570 $3,732 $13,302
00 County Administration
NYS Unit 1230
Confidential 0 $91,700 $0 $2,655 $2,655 $1,035 $3,690
Management 450 $171,689 $0 $4,957 $4,957 $1,933 $6,891
Total County Cost 1230: $450 $263,389 $0 $7,612 $7,612 $2,969 $10,581
NYS Unit 1988
Confidential 0 $39,130 $0 $1,133 $1,133 $442 $1,575
Total County Cost 1988: $0 $39,130 TO- $1,133 $1,133 $442 $1,575
NYS Unit 1989
Confidential 450 $45,076 $0 $1,292 $1,292 $504 $1,796
Total County Cost 1989: $450 $45,076 $0 $1,292 $1,292 $504 1,796
Total County Administration $347,595 $0 $10,037 $10,037 $3,914 $13,951
County Attorney
NYS Unit 1420
Confidential 900 $90,654 $0 $2,598 $2,598 $1,013 $3,612
Management 600 $160,159 $0 $4,619 $4,619 $1,802 $6,421
Total County Cost 1420: $1,500 $250,813 $0 $7,218 $7,218 $2,815 $10,032
Total County Attorney $250,813 $0 $7,218 $7,218 $2,815 $10,032
900Z `1Z 1-10JIW
2006
Budgeted 2005 2006 2006 Net
Longevity Salary Salary Adj. Salary Adj Increase. Fringe Adjustment
County Clerk
NYS Unit 1410
CSEA White Collar 1.850 $197,755 $3,917 S6,996 S10.913 S4,256 $15,169
Elected Officials 450 $61,203 $0 $0 $0 50 $0
Estimated Revenue 0 50 (S1,452) ($3,092)($4,544) ($1,772) (56,316)
Management 400 548,405 50 51,390 51,390 $542 $1,932
Total County Cost 1410 $2,700 $307,363 $2,465 $5,294 $7,759 3,026 10,785
NYS Unit 1411
CSEA White Collar 1,950 5254,610 55,050 $9,018 514,068 $5,487 $19,555
Estimated Revenue 0 50 (55,050) ($10,324) ($15,374) ($5,996) ($21,369)
Management 550 $45,646 50 $1,306$1,306 5509 $1,815
Total County Cost 1411 $2,500 $300,256 Vi $0 $0 $0 $0
Total County Clerk $607,619 $2,465 $5,294 $7,759 $3,026 $10,785
Department of Assessment
NYS Unit 1355
CSEA White Collar 2,550 5511,004 510,220 518,243 528,463 511,101 539,564
Management 900 5141,119 50 $4,085 54,085 $1,593 $5,678
Total County Cost 1355: $3,450 $652,123 $10,220 $22,328 $32,548 $12,694 $45,242
Total Department of Assessment $652,123 $10,220 $22,328 $32,548 $12,694 $45,242
District Attorney
NYS Unit 1164
Confidential 350 $37,315 $0 51,070 51,070 5417 51,487
Total County Cost 1164: $350 $37,315 $0 $1,070 $1,070 $417 $1,487
NYS Unit 1165
Confidential 50 5152,984 50 54,427 54,427 $1,727 56,154
Management 400 5586,271 50 $13,406 513,406 $5,228 518,634
Total County Cost 1165: $450 $739,255 $0 $17,833 $17,833 $6,955 $24,788
Total District Attorney $776,570 $0 $18,903 $18,903 $7,372 $26,275
900Z ` I z 4DJPw
2006
Budgeted 2005 2006 2006 Net
Longevity Salary Salary Adj. Salary Adj Increase Fringe Adjustment
Emergency Response
NYS Unit 3410
CSEA White Collar 5,900 $1,073,500 $21,348 638,114 659,462 $23,190 $82,652
Management 450 6123,436 60 63,561 $3,561 61,389 64,950
Total County Cost 3410: $6,350 $1,196,936 $21,348 $41,675 $63,023 $24,579 $87,602
NYS Unit 4189
CSEA White Collar $25,124 6502 6897 61,399 $546 61,945
Management 0 663,608 60 61,842 61,842 $718 62,560
Total County Cost 4189: $0 $88,732 $502 $2,739 $3,241 $1,264 $4,506
Total Emergency Response $1,285,668 $21,850 $44,414 $66,264 $25,843 $92,108
Facilities Division
NYS Unit 1620
CSEA Blue Collar 5,800 6829,870 $52,003 $30,903 630,903 $12,052 $42,956
oo CSEA White Collar 950 669,699 61,375 $2,454 63,829 $1,493 $5,323
ch Management 400 $123,532 60 $3,565 $3,565 $1,390 $4,955
Miscellaneous 0 $12,940 60 60 $0 60 $0
Total County Cost 1620: $7,150 $1,036,041 $53,378 $36,922 $38,297 $14,936 $53,233
Total Facilities Division $1,036,041 $53,378 $36,922 $38,297 $14,936 $53,233
Finance Department
NYS Unit 1310
Confidential 900 $104,553 60 $3,001 63,001 $1,170 64,171
Management 500 $73,541 60 $2,114 $2,114 $824 $2,938
Total County Cost 1310: $1,400 $178,094 $0 $5,115 $5,115 $1,995 $7,109
NYS Unit 1315
Confidential 1,900 $195,246 60 $5,597 $5,597 62,183 67,780
Management 800 6136,804 $0 $3,938 63,938 61,536 $5,473
Total County Cost 1315: $2,700 $332,050 -- 0 - $9,535 $9,535 $3,719 $13,253
NYS Unit 1345
CSEA White Collar 450 $41,773 6826 $1,475 $2,302 $898 63,199
Total County Cost 1345: $450 $41,773 $826 $1,475 $2,302 $898 $3,199
Iotal Finance Department $551,917 $826 $16,125 $16,951 $6,611 $23,562
900Z ` I Z g3auy\
co
Management 45 513,566 $0 $391 5391 $153 $544
Total County Cost 4014: 145 $13,566 $0 273 $273 $153 $426
NYS Unit 4015
CSEA White Collar 450 $34,155 $644 $1,233 $1,877 $732 $2,609
Total County Cost 4015: $450 $34,155 $644 $1,233 $1,877 732 $2,609
NYS Unit 4016
CSEA White Collar 7,610 51,357,975 525,648 545,779 571,427 $27,857 $99,284
Management 400 $61,853 50 $1,779 $1,779 $694 $2,473
Total County Cost 4016- 58,010 $1,419,828 $25,648 $47,558 $73,206 $28,550 $101,757
NYS Unit 4047
CSEA White Collar 1,650 5478,456 $9,537 $17,022 526,559 510,358 536,917
Management 0 555,865 $0 $1,617 $1,617 $631 $2,248
Total County Cost 4047 51,650 $534,321 $9,537 518,639 528,176 $10,989 $39,165
NYS Writ 4090
CSEA White Collar 4,210 $661,800 $13,143 $23,458 S36,601 $14,274 550,875
Management 550 $69,384 $0 51,509 $1,509 $589 $2,098
Total County Cost 4090: 54,760 5731,184 513,143 $24,967 $38,110 $14,863 $62,973
NYS Unit 4095
Estimated Revenue 0 SO ($18,182) (535,699) ($53,881) $0 ($53,881)
Total County Cost 4095: $0 $0 ($18,182) ($35,699) (553,881) $0 (553,881)
Total Health Department $3,362.277 $35,339 570,516 $105,855 566,798 5172,653
7gevrty
20(16
f3uncleteLl 2005 2006 2006 Net
Salary Salary Aclj Salary Act) .reasc I.rintte Arliustnrent
I ealth Department
NYS Unit 4010
CSEA White Collar 1,256 5225,126 54,477 57,993 512,470 54,863 517,333
Management 950 5160,389 50 54,632 54,632 51,807 56,439
Total County Cost 4010: 52,206 S-385.515 $4,477 12,625 517,102 6,670 523,772
NYS Unit 4012
CSEA White Collar 1.680 5199,017 53,946 57,052 510,998 54,289 515,287
Estimated Revenue 0 50 (53.946) (57,052) (510,998) 50 (510,998)
Total County Cost 4012 51,680 5199,017 50 50 $0 54,289 54,289
NYS Unit 4013
CSEA White Cellar 79 55,244 5103 5184 5287 5112 5399
Estimated Revenue 0 $0 (531) (5394) (5425) 50 ($425)
Management 400 539,448 $0 51,130 51,130 5441 51,571
Total County Cost 4013: $479 544,692 572 $920 $992 553 11,545
NYS Unit 4014
Estimated Revenue 0 $0 50 (5118) ($118) 50 ($118)
900Z `[Z If11 IN
2006
Budgeted 2005 2006 2006 Net
I ongevity Salary Salary Adj. Salary Ad) Increase t ringe Adjustment
Highway Division
NYS Unit 3310
CSEA Blue Collar 0 $72,040 $4,522 $2,702 $2,702 $1,054 $3,755
Total County Cost 3310: $0 $72,040 $4,522 $2,702 $2,702 $1,054 $3,755
NYS Unit 5010
CSEA White Collar 500 $78,627 $1,563 $2,789 $4,352 51,697 $6,049
Management 0 $70,230 $0 $2,033 $2,033 $793 $2,826
Total County Cost 5010: 500 $148,857 $1,563 -$4,822 $6,385 $2,490 $8,875
NYS Unit 5110
CSEA Blue Collar 7,850 $1,212,372 $66,511 $45,170 $45,170 $17,616 $62,786
Miscellaneous 0 $130,000 $0 $0 $0 $0 $0
Total County Cost 5110: $7,850 $1,342,372 $66,511 $45,170 $45,170 $17,616 $62,786
NYS Unit 5111
CSEA Blue Collar 0 $65,000 $4,522 $2,438 $2,438 $951 $3,388
0o Total County Cost 5111: $0 $65,000 $4,522 $2,438 $2,438 $951 $3,388
°O NYS Unit 5130
CSEA Blue Collar 1,300 $192,664 $7,160 $7,176 $7,176 $2,799 $9,975
Management 500 $43,498 $0 $1,245 $1,245 $486 $1,731
Total County Cost 5130: $1,800 $236,162 $7,160 $8,421 $8,421 $3,284 $11,706
NYS Unit 5142
CSEA Blue Collar 0 $57,500 $188 $2,156 $2,156 $841 $2,997
Total County Cost 5142: $0 $57,500 $188 $2,156 $2,156 $841 $2,997
NYS Unit 5144
CSEA Blue Collar 0 $45,402 $0 $1,703 $1,703 $664 $2,367
Total County Cost 5144: $0 $45,402 $0 $1,703 $1,703 $664 $2,367
Total Highway Division $1,967,333 $84.466 $67,411 $68,974 $26,900 $95,873
Human Rights Commission
NYS Unit 8040
CSEA White Collar 0 $85,248 $1,705 $3,043 $4,748 $1,852 $6,600
Management 0 $58,041 $0 $1,680 $1,680 $655 $2,336
Total County Cost 8040: $0 $143,289 $1,705 $4,724 $6,429 $2,507 $8,936
Total Hunan Rights Commission $143,289 $1,705 $4,724 $6,429 $2,507 $8,936
900: `lZ.: yoaeW
2006
Budgeted 2005 2006 2006 Net
|m.g,vov Salary Salary Adj Sx|a'yA'h Increase /wn.. Adjustment
Information Technology Services
NYS Unit 1680
CSEAWhite Collar 1.800 $352,798 67.020 $12,531 $19'551 S7,825 527,/75
Management 0S84.981 S0 $2.460 �1460 $959 $3,420To1a| County Cost 1680: $fjVi0' $437.779 $7]j2D$14'89f S8.584 $30'595
NYS Unit 18D3
CSE4White Collar DSBB734 $1.775 S3.168 S4.942 $1028$6,870�o- - $1,775 $4,942 �1 928
To1a|Couo�y�os| 1683: �uu.'�*$3,168. $6,870
total Information Techiiology Services $526.513 $8,795 $18.159 $26,953 810.512 $37,485
Legis|a1unn
NYS Unit 1040
Confidential 500 .589,856 SO $2,584 $2,584 0.00 $3,592
cc Management 500 $84'300 $0 $1.848 $1.848 $72/ $2,569
Total County Cost 1040: $1.000 $154.165 $0 $4.432 $4.432 $1.728 $6.160
Total Legislature $154.165 $O $4.432 $4,432 $1.728 66.180
900Z ' l Z 1-10JEW
2006
Budgeted 2005 2006 2006 Net
inevity Salary Salary A Salary Ad) Increase Fringe Adjustment
Mental Health Department
NYS Unit 4310
CSEA White Collar 4,615 $650,622 $12,920 $23,063 $35,983 $14,033 `50,016
Estimated Revenue 0 SO $0 (S7,000) (57,000) (52,730) (59,730)
Management 0 5170, 734 50 54,943 54.943 51,928 56,870
Total County Cost 4310: $4,615 $821,356 $12,920 $21,005 $33.926 $13,231 $47,157
NYS Unit 4311
CSEA White Cotta, 8,615 S1,620,056 532.240 557,548 589,788 535,017 5124,805
Management 1,100 5555,476 50 $4,016 54,016 $1,566 55,583
Total County Cost 4311: $9,715 $2,175,532 $32,240 $61,564 $93,805 $36,584 $130,388
NYS Unit 4312
CSEA White Coital 1,334 $292,393 55,821 510,391 516,212 56,323 $22,535
Estimated Revenue 0 $0 (55,821) (512,456) ($18,277) (57,128) (525,405)
Management 450 $71,790 $0 $2,06552,065 5805 $2,871
Total County Cost 4312: $1,784 $364,183 $0 - $1 ------$�.---- $1
NYS Unit 4314
CSEA White Collar 0 53,040 561 5109 $170 566 $236
Estimated Revenue 0 50 (561) (5109) (5170) ($66) ($236)
Total County Cost 4314: $0 $3,040 $0 $0 $0 0 $0
NYS Unit 4316
CSEA White Collar 2,000 5210,482 54,172 57,446 511,617 $4,531 $16,148
Estimated Revenue 0 50 (54,172) (57,446) ($11,618) ($4,531) (516,148)
Total County Cost 4316: $2,000 $210,482 $0 $0 $0 $0 $0
NYS Unit 4335
CSEA White Collar 1,787 5208,930 54,135 57,381 511,516 54,491 516,007
Estimated Revenue 0 50 (54,135) (57,381) (511,516) ($4,491) (516,007)
Total County Cost 4335: $1,787 $208,930 $0 $0 $0 $0 $0
Total Mental Health Department $3,783,523 $45,161 $82,570 $127,731 $49,815 $177,546
9002 `IZ golul\I
2006
mxhu^x/ 2005 2006 2006 1,,,,1
Salary Salm)/ «'h »"|^nx.4 mcm^s, f ."o, A^v`y^lel o
Office tor Aging
NYS Unit 67r1
CSEA White Collo( 45052,742 8*6 582 5/28 S50 5/78
County Tn\n|Covoc"u/ 6771 9450 �[ --�- �I�7�7 ---� $82 $128
---$50-- ---!5r7-8
NYS Unit 6772
CSEA White Collar 1,/70 587.524 5/.727 53,083 54,810 51.876 36'686
Management 0 556.965 50 51,649 5/'849 5643 52,292
Total Courity Cost 6772 51.170 $144.489 -$1.727 $-4^732 56.459 $2,519 58,978
NYS Unit O774
CSEA White Collor 0 58,90 5/78 S3/8 5490 5193$689
Totat County Cost 6774: 50 -�Q7905 %178 5318 $496 $183-50B9
NYS Unit 6775
CSEA W,/teCo8a, 0 $4'745 596 $/70 $266 5104 5369
Miscellaneous 0 521'42550 50 50 $0 50
Total County Com 6775: --$0----�26.17O-- —l�R------$17O----' ��6--- �1(14- 5369
NYS Unit 6776
CSEA White CoIla: 0 52,674 654596 5Y50 $59 $209
Total Couity Cost 6776: -50 $2,674 --5--55,T5 -5-0-5 $150 $59 -$209
NYS Unit 6777
CSEA White CoIIa, 0 849./57 $983 51,755 $2,738 $/.008 $3,806
Total County Cost 6777: -§U 549,157 5983 $1,755 $2.730 $1.068 $3,806
NYS Unit 877B
CSEA White Co8a/ 0517,024 5340 5607 5947 5369 51,316
Total County Cost 6778: --�
Q--- $17.024 ----7���------$607------$847��
------�----- $1.318
NYS Unit 6780
CSEA White Collo' 225 5/3'924 $2745489 5763 $398 $1.00/
Total Counly Cost 6780: 5225 -51-3-,-924 $274 --- $489------$763-''----$288-----�1,001
NYS Unit 6781
CSEA White Collar 0 524./49 $483 5802$1.345 $525 51.870
Total County Cost 6781: $O$24.149 $483 5862 S1.345'------$525----$1.870
NYS Unit oT82
CSEA White CoIIa, 400 5/8'0705353 5631 5984 $384 51'358
Total County Cost 6782: 5400 $18.070 *353 ----$831-------$984�----- $384 '--$1.368
NYS Unit 6787
CSEA White Collar 0 529111 5583 5/.038 5/'622 $633 $2,255
Total Coiinly Cost 6787: 50 l$ -2V,111 $583 51.039 $1.622 $533 52,255
NYS Unit 6788
CSEA Whitp Collar 0 8*.368 587 5156 5243 595 5338
900Z ' I Z 40 -MAI
2006
(3udgetc•r! 2005 2006 2006 Net
my Salary Sal iry Arlt Salary Aclt (rr .a 'ase I ririge Ariluslrneni
Office for the Aging
I otal County Cost 6788 $0 4.368 $87 $156 $243 $95 $-338
NYS Unit 6790
CSEA White Collar 0 $11,582 S232 S414 $646 S252 $898
Total County Cost 6790: $0 $11,582 $232 $414 $646 '252 $98
NYS Unit 6793
CSEA White Collar 0 $9,670 $193 $345 $538 $210 $748
Total County Cost 6793. $0 $9,670 $193 $345 $538 210 748
NYS Unit 6794
CSEA White Collar 0 $7,680 $154 $274 $428 $167 $595
Total County Cost 6794 $0 $7,680 154 $274 $428 ITV 595
NYS Unit 6795
CSEA White Collar 0 $4,486 $90 $160 $250 $98 S348
Total County Cost 6795: $0 $4,486 $90 $160 $250 98 $348
NYS Unit 6796
N CSEA White Collar 0 $18,178 $364 $649 $1,013 $395 $1,408
Total County Cost 6796: $18,178 364 $649 $1,013 395 $1,408
NYS Unit 6798
CSEA White Collar 0 $5,276 $106 $188 $294 $115 5409
Total County Cost 6798: $0 $5,276 106 $188 $294 $115 $409
Total Office for the Aging $397,655 $6,343 $12.967 $19,310 $7,531 $26,841
Personnel Department
NYS Unit 1346
CSEA White Collar 850 554,052 51,064 51,900 52,964 51,156 54,120
Total County Cost 1346: 850 $54,052 $1,064 $1,900 52,964 1,156 4,120
NYS Unit 1430
Confidential 950 5166,681 50 54,797 54,797 51,871 56,668
Management 1,400 5190,515 50 $5,475 55,475 52,135 57,610
Total County Cost 1430: $2,350 $357,196 $0 $10,272 $10,272 $4,006 $14,278
NYS Unit 1460
CSEA White Collar 0 $29,865 $597 51,066 51,663 5649 52,312
Total County Cost 1460: $0 $29,865 $597 $1,066 51,663 $649 $2,312
NYS lJnit 1987
Confidential 0 523,485 50 5680 5680 5265 5945
Total County Cost 1987: 0 $23,485 $0 680 $680 265 $945
"total Personnel Department $464,598 $1,661 $13,918 $15,579 $6,076 $21,655
900: `l: yoaeW
2006
Budgeted 2005 2006 2006 Net
i ungevity Salary Salary Adj Salary Add Increase F singe Adjust() 1
Public Works Administration
NYS Unit 1490
Estimated Revenue 0 SO SO ($1,680) (51,68(1) ($655) (S2,336)
Management 550 $105,331 SO 53,033 53,033 51,183 54,216
Total County Cost 1490: $550 105,331 $0 11,353 $1,353 X28 $1,880
Total Public Works Administration $105.331 $0 $1.353 $1,353 $528 $1,880
Sheriff's Office
NYS Unit 3110
Confidential 0 $52,767 SO 51,528 $1,528 $596 52,123
Elected Officials 0 $75,371 $0 $0 $0 $0 $0
Sheriff 2,300 $234,729 50 $0 50 50 $0
Total County Cost 3110: 52,300 $362,867 0 $1,528 $1,528 596 -$2,123
NYS Unit 3113
Management 550 $70,233 50 52,017 $2,017 $787 52,804
Sheriff 1,675 52,163,999 $0 50 $0 $0 50
Total County Cost 3113: $2,225 $2,234,232 $0 $2,017 $2,017 X787 $2,804
NYS Unit 3114
Miscellaneous 0 $48,335 $0 50 50 $0 50
Sheriff 625 5114,495 $0 $0 50 $0 $0
Total County Cost 3114: $625 $162,830 $0 $0 $0 $0 50
Total Sheriff's Office $2,759,929 $0 53,545 $3,545 $1,382 $4,927
Sheriff's Office - Jail
NYS Unit 3150
Corrections 8,261 51,894,317 50 50 50 50 50
CSEA White Collar 0 $46,753 5935 51,669 52,604 51,016 53,620
Management 900 5194,741 50 55,612 $5,612 $2,188 $7,800
Total County Cost 3150: 59,161 $2,135,811 935 $7.281 $8,216 3,204 $11,420
Total Sheriff's Office - Jail 52,135,811 5935 57,281 $8,216 $3,204 $11,420
900Z`IZ4'-z'IN
2006
1 udgeteti 2005 2001 2006 Nel
I ore. vlty Salary Salary Aril Salary Acs Increaser i rimy tArirmAr erd
Social Services, Department of
NYS Unit 6010
CSEA White Collar 43,525 56,166.849 5122,466 5218,603 5341,069 5133,017 5474,086
Estimated Revenue 0 $0 (585.581) (5166,128) (5251,709) 5(1 (5251, 709)
Management 2.260 5536,662 50 515,489 515,489 56,041 521,530
Total County Cost 6010 545,785 56,703,511 $36,885 5'67,964 $104.849 5139,058 $243,907
Total Social Services. Department of 56,703,511 536,885 $67,964 5104,849 5139.058 5243,907
Tompkins Consolidated Area Transit
NYS Unit 5630
Management 550 558,043 60 51,664 51,664 5649 52.314
Total County Cost 5630: 5550 x,043 TO $1,664 $1,664 $649 27314
Total Tompkins Consolidated Area 558,043 50 51,664 51,664 5649 52,314
Transit
Weights and Measures
NYS Unit 3630
Management 400 544,881 50 51,288 51,288 5502 51,790
Total County Cost 3630: $400 $44,881 $0 $1,288 $1,288 $502 $1,790
Total Weights and Measures $44,881 $0 $1,288 $1,288 $502 51,790
Workforce Development - Employment and Training
NYS Unit 6292
Confidential 0 547,969 50 $1,388 51,388 5541 51,929
CSEA White Collar 0 5138,046 52.760 54,930 $7,690 52,999 510,689
Estimated Revenue 0 50 (52,760) (57,891) (510,651) (54,154) (514,805)
Management 0 554,350 50 51,573 $1,573 5613 52,186
Total County Cost 6292: $0 $240,365 $0 $0 $0 $0 $0
Total Workforce Development - $240,365 $0 $0 50 $0 $0
Employment and Training
900Z `lZ yatuW
2006
lsudgeted 2005 2006 2006 Net
y Salary Salary Adi. sal;rry Arll Increase F nine Adiustrncnt
Social Services, I:)epartrner)t cit
NYS Unit 6010
CSEA White Collar 43,525 $6,166,849 $122,466 5218,603 $341.069 S133,017 S474,086
Estimated Revenue 0 SO ($85,581) (5166,128) ($251.709) SO (S251,709)
Management 2,260 $536,662 $0 $15,489 $15,489 $6,041 $21,530
Total County Cost 6010: $45,785 $6,703,511 $36,885 $67,964 $104,849 $139,058 $2,T3,907
1 otal Social Services, Department of $6,703,511 $36,885 $67,964 $104.849 $139,058 $243,907
Tompkins Consolidated Area Transit
NYS Unit 5630
Management 550 $58,043 SO $1,664 $1,664 $649 $2,314
Total County Cost 5630: $550 $58,043 $0 $1.664 $1,664 $649 $2,314
Total Tompkins Consolidated Area $58,043 $0 $1,664 $1,664 $649 $2,314
Transit
Weights and Measures
NYS Unit 3630
Management 400 $44,881 SO $1,288 $1,288 $502 S1,790
Total County Cost 3630: $400 $44,881 $0 T1,288 $1,288 $502 $1,790
Total Weights and Measures $44,881 $0 $1,288 $1,288 $502 $1,790
Workforce Development - Employment and Training
NYS Unit 6292
Confidential 0 $47,969 SO $1,388 $1,388 $541 $1,929
CSEA White Cellar 0 $138,046 $2,760 $4,930 $7,690 $2,999 $10,689
Estimated Revenue 0 $0 ($2,760) ($7,891) ($10,651) ($4,154) ($14,805)
Management 0 $54,350 $0 $1,573 $1,573 $613 $2,186
Total County Cost 6292: $0 $240,365 $0 $0 $0 --$-0- $0
Total Workforce Development - $240,365 $0 $0 $0 $0 $0
Employment and Training
900: `IZ u0-i1W
2006
Budgeted 2005 2006 2006 Net
Longevity Salary Salary Adj. Salary Adj Increase Fringe Adjustment
Workforce Development Center
NYS Unit 6290
CSEA White Collar 450 536,970 $730 $1,304 $2,034 5793 $2,827
Estimated Revenue 0 $0 ($730) ($1,304) ($2,034) ($793) ($2,827)
Management 0 $60,207 $0 $1,743 $1,743 $680 $2,423
Total County Cost 6290:450 $97,177 ---$0- $1,743 $1,743 680 $2,423
Total Workforce Development Center $97,177 $0 $1,743 $1,743 $680 $2,423
Youth Services Department
NYS Unit 7020
CSEA White Collar 1,750 $223,912 $4,450 $7,944 $12,394 $4,834 $17,228
Management 550 559,193 $0 $1,269 $1,269 $495 $1,764
Total County Cost 7020: $2,300 $283,105 $4,450 $9,213 $13,663 $5,329 $18,992
Total Youth Services Department $283,105 $4,450 $9,213 $13,663 $5,329 $18,992
Grand Total $164,476 $31,497,605 $343,782 $599,710 $808,585 $452,603 $1,261,188
Salary Increase Including Fringe $1,261,188
2006 Budget $1,347,305
Under/Over Budget $86,117
900Z `1Z uDJeW
March 21, 2006
Report from the Budget and Capital Committee (Continued)
Mr. Koplinka-Loehr said at the next meeting the Committee will look at 2006 budget projects and
will also review a resolution pertaining to adjustment to salaries.
Ms. Kiefer asked if the fund balance information is shared with the Budget and Capital
Committee and was informed they were. She then asked that the next update be shared with all
Legislators.
Mr. Koplinka-Loehr said that the upcoming discussions will be a conceptual discussion with the
second being to review and bring forward a resolution. Mr. Whicher said he will be speaking to
department heads regarding funding for salaries prior to the committee discussion which will familiarize
the Legislators with the topic and concern, not to bring the issue forward.
Approval of Minutes of March 7, 2006
It was MOVED by Mr. Booth, seconded by Mr. Sigler, and unanimously adopted by voice vote
by members present, to approve the minutes of March 7, 2006, as submitted. MINUTES APPROVED.
Recess
Chair Joseph called a recess from 7:09 p.m. to 7:15 p.m.
Executive Session
It was MOVED by Mr. Booth, seconded by Mr. Sigler, and unanimously adopted by voice vote
by members present, to enter into executive session to discuss litigation and a personnel matter. An
executive session was held at 7:15 p.m. and returned to open session at 8:45 p.m.
Adjournment
On motion the meeting adjourned at 8:45 p.m.
97
April 4, 2006
RESOLUTION NO. 50 - AWARD OF BID — EXTERIOR LANDSCAPING — ITHACA
TOMPKINS REGIONAL AIRPORT
MOVED by Mr. Koplinka-Loehr, seconded by Mr. Proto, and unanimously adopted by voice
vote by members present under the Consent Agenda.
WHEREAS, the contract with Pro -Lawn, Inc., for exterior -landscape maintenance at the Airport
Terminal Building expired on March 31, 2006, and
WHEREAS, the Finance Department advertised and received three bids for a 5 -year contract to
maintain the exterior landscaping of the airport terminal building, and
WHEREAS, the Air Service Board has reviewed the bids and the lowest responsible bid was
received from Green Scene of Ithaca, and
WHEREAS, the total cost for the 5 -year contract, beginning in the spring of 2006, will be
$132,197.64, now therefore be it
RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the bid be
awarded to Green Scene of Ithaca,
RESOLVED, further, That the County Administrator be and hereby is authorized to execute said
contract with Green Scene of Ithaca.
SEQR ACTION: TYPE 1I-20
RESOLUTION NO. 51 - BUDGET ADJUSTMENT — ITHACA TOMPKINS REGIONAL
AIRPORT
MOVED by Mr. Koplinka-Loehr, seconded by Mr. Proto, 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 Facilities and Infrastructure Committee, That the
Director of Finance be directed to make the following budget adjustment on his books:
Ithaca Tompkins Regional Airport
Revenue Acct Title Amt Approp Acct Title
5611.44592 Community Air $ 33,750 5611.54442 Professional Services
Service Grant
5611.4592 Community Air $140,000 5611.54333 Education and Promotion
Service Grant
Explanation: Continuation of Cornell Business Development Services Agreement. Marketing and
Airline Services.
SEQR ACTION: TYPE 11-20
Approval of Appointment(s) Under the Consent Agenda
It was MOVED by Mr. Koplinka-Loehr, seconded by Mr. Proto, and unanimously adopted by
voice vote by members present, to approve the following appointment(s) under the Consent Agenda:
Environmental Management Council
Robert Roe - Town of Danby; term expires December 31, 2007
Strategic Tourism Planning Board
Terms expire December 31, 2008
Robert A. Steinkamp - Media representative
100
April 4, 2006
Richard Adie - Hotels/Bed and Breakfast representative
Kathryn Pearce - Culture representative
Hillview Road Landfill Citizens Advisory Committee
Dooley Kiefer - Legislator representing the Facilities and Infrastructure Committee; term expires
December 31, 2006
Presentation of Resolution(s) from the Public Safety Committee
RESOLUTION NO. 52 — AMENDMENT OF RESOLUTION NO. 267 OF 2005 — AUTHORIZING
THE COUNTY ADMINISTRATOR TO SEEK BIDS AND TO ENTER
INTO A CONTRACT FOR SITE WORK INCLUDING THE
CONSTRUCTION OR MODIFICATION OF TOWERS AT SITES
NEEDED FOR AN 800 MHz TRUNKED DIGITAL
COMMUNICATIONS SYSTEM
MOVED by Mr. Booth, seconded by Mr. Hattery. Mr. Proto disclosed that through his company,
and other interests he is a holder of a small interest in Motorola and offered to abstain from voting on this
resolution. There was no request made for Mr. Proto to abstain from voting.
Mr. Proto said the Town of Danby and Caroline Supervisors have written letters that outlined a
series of questions with regard to what they thought this resolution approved. Mr. Whicher and Mr.
Shurtleff met with both supervisors and have provided answers to their questions. He believes there is no
longer an issue with their support of the resolution. Mr. Booth called attention to a memorandum written
to all Legislators by County Administrator Whicher. He said the memo explains in detail the following
reasons for this resolution: the County was mistaken in December as to the actual estimate connected to
the site work; in negotiations with Motorola some of the items were moved from the systems project to
the site project; and the total of the site project and systems project is actually less than the figure
projected in December by approximately $377,000.
Ms. Kiefer said when the Legislature voted in December the bid process had not yet been
completed and asked why the Legislature has not received a report on the bid results and why there is no
information about that process contained in this resolution. Mr. Shurtleff said there was a bid document
released the first part of February and modified during the month of February. There were three
responses to the bid to do the site development work; it was all inclusive of everything that was outside of
the contract that was done the last part of December to get the system up and running. It included towers,
site development work, shelters, generators, driveways, extension of utilities, etc. Mr. Shurtleff said three
bids were received from three different vendors that ranged from just slightly over $4 million to $4.3
million. The next step is to finalize the contract negotiations with the lowest bidder and they have been
going through that process for the past three to four weeks to clarify any exceptions that were taken and to
request further documentation. That contract will be processed over the next few days. The contract is
being authorized in the amount of $4.5 million so that any unforeseen items can be accommodated.
A voice vote on the resolution resulted as follows: Ayes - 13, Noes - 0, Excused - 2 (Legislators
McBean-Clairborne and Randall). RESOLUTION ADOPTED.
WHEREAS, Resolution No. 267 of 2005 authorized the County Administrator to seek bids and
enter into a contract for site work upon completion of the bid process, including the provision of shelters
and the addition or modification of towers construction and modifications at all identified sites in an
amount not to exceed $2.5 million, and
WHEREAS, the County has revised the specifications and added tasks to this phase of the
project, now therefore be it
101
April 4, 2006
RESOLVED, on recommendation of the Public Safety Committee, That Resolution No. 267 of
2005 be amended to increase the amount of $2.5 to not to exceed $4.5 million.
SEQR ACTION: TYPE I (Environmental Impact Statement Prepared)
Presentation of Resolution(s) from the Facilities and Infrastructure Committee
RESOLUTION NO. 53 - ESTABLISHING A TIERED FLAT -FEE STRUCTURE FOR
VEHICLES WITH A NET LOAD WEIGHT OF LESS THAN 1,000
POUNDS THAT TIP SOLID WASTE AT THE RECYCLING AND
SOLID WASTE CENTER (RSWC)
MOVED by Ms. Kiefer, seconded by Ms. Herrera. Mr. Stevenson said he will oppose this
resolution because he does not support continuing to use a $5 rate for cars and sport utility vehicles while
adopting the three -tiered system for trucks. Ms. Eckstrom spoke of a study performed last year in
response to traffic issues at the Recycling and Solid Waste Center. She said cars were taken off the scales
to minimize wait lines, traffic problems, and bottlenecks. She said if cars were reintroduced back on the
scales they would actually be paying much more under the tiered -system. A voice vote resulted as
follows: Ayes - 12, Noes - 1 (Legislator Stevenson), Excused - 2 (Legislators McBean-Clairborne and
Randall). RESOLUTION ADOPTED.
WHEREAS, by Resolution No. 264 of 2005 the Legislature established a flat -fee structure for
charging cars, pick-up trucks and full-sized vans for tipping of garbage at the Recycling and Solid Waste
Center (RSWC), and
WHEREAS, the Legislature established a five -dollar rate for cars, minivans, and sport utility
vehicles and a ten -dollar rate for pick-up trucks and full-size vans, and
WHEREAS, the implementation of the flat -fee structure has considerably improved the flow of
traffic at the RSWC since its implementation on March 1, 2006, and
WHEREAS, the ten -dollar flat -fee for pick-up trucks and full-size vans does not meet actual
costs, and
WHEREAS, a more equitable system would charge vehicles carrying large quantities of solid
waste more than vehicles carrying significantly less waste, and
WHEREAS, when initially discussed with the County Director of Weights and Measures he was
informed by Regional New York State Weights and Measures staff that a tiered system was illegal, now
he has received approval from the New York State Commissioner of Weights and Measures to administer
this three -tiered system, and
WHEREAS, by adopting a three-tier system for charging vehicles with net loads of garbage less
than 1,000 pounds, the County can continue the flat -fee structure and ensure that the County does not
suffer significant financial losses, now therefore be it
RESOLVED, on recommendation of the Facilities and Infrastructure and Budget and Capital
Committees, That the tipping fee at the RSWC for vehicles with net loads of garbage less than 1,000
pounds shall be as follows:
Weight Flat Fee
0 to 333 lbs $10
334 lbs to 666 lbs $20
667 lbs to 999 lbs $30
RESOLVED, further, That these changes shall take effect on April 17, 2006,
RESOLVED, further, That the five -dollar rate for cars, minivans, and sport utility vehicles
remain in effect.
SEQR ACTION: TYPE 11-20
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April 4, 2006
Special Presentation
At this time Heather Filiberto of the Planning Department introduced Jeffrey Carr, Vice
President, and John Simson, Senior Analyst of Economic and Policy Resources, Inc., who presented a
report on the Tompkins County Housing Assessment Study.
Chair's Report
Mr. Joseph reported last week he met with Elliot Spitzer's Campaign Policy Director in New
York City. He said he felt it is a good time to discuss criminal justice issues as Mr. Spitzer is a candidate
for New York State Governor. Mr. Joseph went in part as a representative of NYSAC and spoke on
behalf of counties across New York State. He said it was an excellent meeting and felt the Policy
Director took good notes, asked good questions, and seemed to be genuinely interested about the issues.
Mr. Joseph said he communicated to the Policy Director that a meeting with a delegation from counties
across the State with Mr. Spitzer was desired and was directed to coordinate with other parties and let
them know when they would like to meet. Mr. Joseph said he is working with NYSAC to arrange this.
Mr. Joseph said he received a call from the Community Relations Office at Cornell today with a
request to meet with the new President of Cornell University, David Skorton. Mr. Joseph said President
Skorton has requested a one-on-one meeting on July 12th and encouraged Legislators to let him know of
any topics they would like addressed at that meeting.
Mr. Joseph announced the New York State Legislature adopted new legislation yesterday that
allows counties to make a new decision about sales tax on clothing. He said counties are now being given
an opportunity to revisit the earlier decision that was made with regard to keeping the sales tax on
clothing as the State removed its portion. A decision needs to be made by May 15 with an effective date
of June 1. He said the City of Ithaca should be brought in on any discussions being held on this matter.
Report from the County Administrator
Mr. Whicher reported he attended a meeting along with several others, including Cheryl Nelson,
Public Works Administrator; Greg Potter, Director of Information Technology Services; Lee Shurtleff,
Director of Emergency Response; and Ed Marx, Commissioner of Planning and Public Works, to discuss
emergency responsibilities. He said a proposal will soon be brought forward to buy emergency
generators. Mr. Whicher also reported the search process for the Deputy County Administrator position
is moving forward.
Mr. Whicher requested an executive session to discuss litigation.
Report from the County Attorney
Mr. Wood requested an executive session to discuss a personnel matter.
Report from the Finance Director
Mr. Squires was not in attendance.
Addition of Resolution(s) to the Agenda
There were no resolution(s) added to the agenda.
Withdrawal of Resolution(s) from the Agenda
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April 4, 2006
There were no resolution(s) withdrawn from the agenda.
Report from the Public Safety Committee
Mr. Booth, Vice Chair, said the Committee has not met since the last Legislature meeting. The
next meeting will be April 6 at 3 p.m.
Report from the Workforce Diversity and Inclusion Committee
There was no report from this Committee.
Report from the Health and Human Services Committee
Mr. Proto, Chair, reported the Committee will meet tomorrow, April 7, 2006 at 3 p.m.
Report from the Facilities and Infrastructure Committee
Ms. Kiefer, Vice Chair, reported the Committee met on March 28. In addition to the items
brought forward this evening, the Committee was informed of goals for the Weights and Measures
program for 2006. Mr. Ellis, Director of Weights and Measures, will be requesting permission from the
State for the Solid Waste Division to charge a three -tired fee. The Committee also discussed the proposed
20 -year Capital Plan and will be bringing forward a recommendation. Ms. Kiefer said the Committee
heard an interesting report on an acoustic problem associated with the Human Services Building. Last
year a resident on North Plain Street complained about noise within his home. Upon investigation it was
found that a fan on the roof was causing the residence to experience noise from the system. Staff made
alterations and the problem was solved. Recently, after changes recommended by energy Performance
Systems to improve energy efficiency were made to the same Human Services Building roof unit, the
same resident again experienced unacceptable noise levels in his home. She noted how unpredictable and
localized such problems are. She said the Committee gave permission to Mr. LeMaro, Director of
Facilities, to consult with an acoustical engineer to develop a solution to this problem. Ms. Kiefer also
reported the County's 5 -year contract with C&S Engineers, the Airport's consultants, is coming to an end
this year and the County will be issuing another request for qualifications at the end of May. The
Committee heard a report on goals for the Public Works divisions; the Committee felt the goals presented
were in line with the Committee's goals. The Committee goals were not acted upon as there were only
three members in attendance at the time they were discussed. Prior to the next meeting on April 11, the
Committee will tour the Public Safety and Old Library buildings.
Report from the Planning, Development and Environmental Quality Committee
Ms. Robertson, Chair, reported the Committee will meet on April 20 at 3 p.m.
Report from the Personnel Committee
Mr. Dennis, Chair, reported the Committee will meet on April 12. At that meeting the Committee
will establish salaries for the two elected officials. Mr. Dennis also reported negotiations will begin soon
for the Corrections Unit and said the Sheriffs arbitration proceedings are moving forward. He asked that
members alert him if they are unable to attend that meeting, as there may be an issue with meeting
quorum.
Report from the Government Operations Committee
Ms. Herrera, Chair, reported the Committee has not met since the last Legislature meeting. The
next meeting will be April 19 at 3 p.m. at the Tompkins County Public Library.
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April 4, 2006
Report from the Budget and Capital Committee
Mr. Koplinka-Loehr, Chair, reminded Legislators that a copy of the budget calendar has been
distributed and called attention to the budget retreat and said it will be held on April 27 from 6 to 9 p.m. at
the Mental Health Building.
Report from the Strategic Planning Committee
Mr. Koplinka-Loehr, Chair, had no report.
Approval of Minutes of March 13, 2006 and March 21, 2006
It was MOVED by Ms. Kiefer, seconded by Ms. Herrera, and unanimously adopted by voice vote
by members present, to approve the minutes of March 13, 2006, as submitted. The minutes of March 21,
2006, were withdrawn from the agenda.
Recess
Mr. Joseph declared recess from 7:40 p.m. to 7:45 pm.
Executive Session
It was MOVED by Mr. Dennis, seconded by Ms. Mackesey, and unanimously adopted by voice
vote by members present, to enter into executive session at 7:45 p.m. to discuss litigation and a personnel
matter. The meeting returned to open session at 8:00 p.m.
Adjournment
The meeting adjourned at 8:00 p.m.
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April 4, 2006
Regular Meeting
Called to Order
Mr. Joseph called the meeting to order at 5:30 p.m.
Pledge of Allegiance to the Flag and Roll Call of Members
Members and guests participated in the Pledge of Allegiance.
Present: 13 Legislators (Legislator Booth arrived at 5:32 p.m.). Excused: 2 (Legislators
McBean-Clairborne and Randall).
Presentation of Proclamation
Mr. Joseph presented a proclamation to Patty Tvaroha, Adult Community Educator for the
Advocacy Center, declaring April 7, 2006 as "Take Back the Night in Tompkins County".
Privilege of the Floor by the Public
No member of the public wished to speak.
Presentation of Distinguished Youth Award
In recognition of their dedication and commitment as youth representatives to the Ithaca City
School District Board, Ms. Herrera, District No. 5 Legislator, presented six high school students with the
Distinguished Youth Award. The students distinguished themselves by their articulate and thoughtful
representation of youth issues on the Ithaca City School District Board. The recipients were Alex Ainslie,
Alton Brann, Kelsea Jones, and Melissa Noze11 from Ithaca High School as well as Dan Bartholamew and
Lauren Shinagawa from the Alternative Community School.
Privilege of the Floor by Legislators
Ms. Robertson, District No. 13 Legislator, called attention to the new "Life" section of the Ithaca
Journal and said there was a report that featured a survey done by the Youth Services Department in
today's edition dealing with Students' behavior around alcohol, drugs, and cigarettes. Ms. Robertson
announced a town hall meeting will be held on April 27th at 7 p.m. at the Women's Community Building
that will address the topic of underage drinking. She also reported on an op-ed article in the Ithaca
Journal that addressed a concern about kids not doing well in school as a result of a family having
housing issues. She said she made a connection to this and a study performed by Better Housing that
found there is a correlation between improved school performance when housing needs are addressed.
Mr. Dennis, District No. 15 Legislator, said he had an opportunity to visit Legislator McBean-
Clairborne and her newborn daughter.
Mr. Shinagawa, District No. 4 Legislator, spoke of the immigration debate going on across the
country at the present time. He said it seems to him that people are no longer talking about immigrants as
human beings. He said everyone needs to keep in mind that these are people with stories and families
with backgrounds who have struggled in the United States and who have made a long-lasting impact for
the betterment of this country. Mr. Shinagawa spoke of the issue of affordable housing and said a big
thing that is going on is the community impact statements that City of Ithaca Alderman Gelinas has
proposed. He said these are a very powerful tool in moving in the right direction when it comes to
affordable housing in Tompkins County.
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April 4, 2006
Mr. Proto, District No. 7 Legislator, encouraged everyone to read an article in yesterday's issue of
the Ithaca Journal with regard to consumer credit as it relates to credit cards. He also reported on the
April issue of "Grassroots", in which it was reported the New York Teacher of the Year Award has been
presented to Michelle Sutton, a teacher from the local B.O.C.E.S. and the Danby School. Mr. Proto said
over the last few years' efforts have been made to resurrect the Danby School as agriculture, horticulture,
and an environmental school so that individuals may have an opportunity to obtain an education in these
areas at that location. He said this is an excellent recognition for Ms. Sutton and Tompkins County.
Approval of Resolution(s) Under the Consent Agenda
It was MOVED by Mr. Koplinka-Loehr, seconded by Mr. Proto, and unanimously adopted by
voice vote by members present, to approve the following resolution(s) under the Consent Agenda:
RESOLUTION NO. 48 - AWARD OF CONTRACT- TERMINAL CAFE/GIFT SHOP — ITHACA
TOMPKINS REGIONAL AIRPORT
MOVED by Mr. Koplinka-Loehr, seconded by Mr. Proto, and unanimously adopted by voice
vote by members present under the Consent Agenda.
WHEREAS, the cafe/gift shop contract with Aramark Corporation is due to expire on April 30,
2006, and
WHEREAS, a Request for Proposals (RFP) was duly advertised and four (4) proposals were
received and the proposal from Fairweather Enterprises Inc., d/b/a/ The Second Landing, of Ithaca, New
York, is deemed to be in the best interests of the airport and airport users, and
WHEREAS, the Air Service Board has reviewed the Airport Manager's recommendations and
supports awarding the contract to Fairweather Enterprises Inc., now therefore be it
RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the County
Administrator be authorized to sign a five-year contract with Fairweather Enterprises Inc., commencing
on May 1, 2006, and expiring on April 30, 2011.
SEQR ACTION: TYPE 11-20
RESOLUTION NO. 49 - AWARD OF CONTRACT- TERMINAL PARKING LOTS — ITHACA
TOMPKINS REGIONAL AIRPORT
MOVED by Mr. Koplinka-Loehr, seconded by Mr. Proto, and unanimously adopted by voice
vote by members present under the Consent Agenda.
WHEREAS, the parking lot contract with Standard Parking Corporation is due to expire on April
30, 2006, and
WHEREAS, a Request for Proposals (RFP) was duly advertised and three (3) proposals were
received, and the proposal from Standard Parking Corporation of Cleveland, Ohio, is deemed to be in the
best interests of the airport and airport users, and
WHEREAS, the Air Service Board reviewed the Airport Manager's recommendations and
supports awarding the contract to Standard Parking, now therefore be it
RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the County
Administrator be authorized to sign a three-year contract with Standard Parking commencing on May 1,
2006, with options to renew annually for a further two years until April 30, 2011.
SEQR ACTION: TYPE 11-20
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April 18, 2006
Regular Meeting
Public Hearing - Replacement of the Ringwood Road Bridge in the Town of Dryden
Chair Joseph called a public hearing to order at 5:30 p.m. for the purpose of informing the public
and to review the public use to be served by the replacement of the Ringwood Road Bridge in the Town
of Dryden and the impact on the environment and residents of the locality where said project will be
constructed.
Chair Joseph asked if any member of the public wished to speak. Mr. Wood, County Attorney,
explained the purpose of the hearing and stated under Eminent Domain Procedures Law, if in the unlikely
event property is going to be taken by Eminent Domain, a public hearing has to be held. He said the
County has never acquired property in this manner, but has scheduled a public hearing in the event an
agreement couldn't be reached with a property owner. No one wished to speak and the public hearing was
declared closed at 5:31 p.m.
Called to Order
Mr. Joseph called the meeting to order at 5:31 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. Excused: 3 (Legislators Koplinka-Loehr, McBean-Clairborne, and
Randall).
Privilege of the Floor by the Public
Bernard Hutchins, Hanshaw Road, summarized the following letter and submitted it to be entered
into the record:
"My wife and I live at 1016 Hanshaw Road and we are very concerned with the way Tompkins
County dealing with the Right -of -Way issue related to the renovation of Hanshaw Road at our property.
In particular, they are ignoring the strong clear evidence that the Right -of -Way is only by use, and the
opportunity to negotiate a mutually satisfactory resolution. Instead we get irrational statement contrary to
reliable documentation. We cannot abide statements such as "we feel that'...." Or "we believe that..."
What is it that you can establish that honors the property rights or, and shows a modicum of respect for,
the individual?
"On October 19, 2005, receiving no specific reliable information relating to the Right -of -Way, I
wrote a certified letter to County Attorney Jon Wood, denying the County an access to our property until
such time as my concerns were addressed. Just over a week ago, after nearly six months of no response
from Mr. Wood, Steve Whicher learned from me that the situation was being ignored, and told his people
to respond. Mr. Wood's response was just to click "reply" on an email 1 had previously sent to John
Lampman and say essentially: I agree with Lampman and this is not worth the amount of money to
litigate this. Evidently he did not pick up on the point that this is not about money, it's about individual
property rights. (Perhaps however it is about money from the County's point of view, not because of any
possible money to me, but the combined payments that would accrue to residents on ALL County roads if
the fact that the Right -of -Way on these roads is likely just by use, were to become generally known). Mr.
Wood certainly didn't reply to any of the issues in my October 19 letter, so my prohibitions of course still
stand.
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April 18, 2006
"There is a well-documented history to this dispute, which I have provided to Mr. Whicher and
some of the rest of you in the form of copies of a February 1, 2006 letter to Susan Brock, Town of Ithaca
Attorney. During the six months that Mr. Wood was not responding, John Lampman and Rich Brauer of
Fisher Associates were making feeble attempts to claim a 25 -foot Right -of -Way. At one point, they
claimed they had written easements (they couldn't find them in their files); and that the State Department
of Transportation had found "conclusive evidence" of a 25 -foot Right -of -Way (Mr. Flynt at the Syracuse
office said this was not the truth); and that there was a 25 foot Right -of -Way in my own deed (they
mistook a 25 -foot private side -easement for the public road Right -of -Way).
"In fact, my deed specifies that road Right -of -Way only as:
"The rights of the public in and to that portion of the above-described premises lying within the
bounds of Hanshaw Road". Thus, the Right -of -Way is by use only. It is only 15 to 17 feet at my
property, and Mr. Lampman agrees (December 1, 2005 email) that if the Right -of -Way is by use, it is as
narrow as 17 feet.
"The most recent County position is from John Lampman by email dated April 7, 2006 where he
claims that Pre -1830 State Law (not specified or provided) "would have authorized" municipalities to
"open up" the Right -of -Way to three rods (50 feet total - 25 feet each side of center). Was this done? Of
course not. By 1906, the State renovation plans show only an 8 -foot macadam (total paved width) on a
24 -foot total Right -of -Way at my property. (These are the same plans that the County originally claimed
proved a 50 -foot right -of way.) Even today, the use is still only 30 to 34 feet.
"Does it have to be actually opened up to claim a use Right -of -Way of three rods? Yes it does.
In the "New York State Department of Transportation Right -of -Way Mapping Manual" dated 2002 it
says:
"In the opinion of the Attorney General, if the prescriptive use of the road has been limited to a
width of less than three rods, the municipality may not widen the road without either the consent of the
abutting owners or by following due process and compensating the owners." - Opinions of the Attorney
General 1962, 1995, and 1999
"Further, according to Mr. Darrel Harp, former chief Counsel of the State Department of
Transportation as quoted by Joel Gagnon of the Danby Town Board: "Courts tend to presume that if a tree
is more than 10 years old, it is outside the established Right -of -Way."
"Bill Lesser, just retired from the Ithaca Town Board, has told us the following about the
Hanshaw Road Right -of -Way: "A Right -of -Way show on a survey map is not an indication, as surveyors
will often show 3 rods (25 feet each side) as a matter of course, and not based on a legal determination";
and "My guess, given the age of the road it is by use. In any case, it is the County's responsibility to
document a deeded Right -of -Way if that is the basis for any action."
"Mr. Wood and Mr. Lampman apparently disagree with all of these people, although they have
not responded to any of these specific items.
"We have brought all these issues, and many, many more, to the County, and the County ignores
all of them. Is this the way the members of the Tompkins County Legislature feel citizens should be
treated?
"In addition, we presented a clear proposal by which the County could proceed in which there
was only an 18 inch difference between what we were willing to give (17 feet) and what the County really
needed (18.5 feet). We were willing to split the difference, and by this letter, we will offer them the extra
nine inches as well. So they can have the 18.5 feet in exchange for agreeing that that is the extent of the
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April 18, 2006
Right -of -Way. My understanding is that currently (meaning a plan which they have not yet made public)
the centerline of the road is to move south by two to three feet at my property, and this is what makes a
compromise possible (although that was not the reason for moving the centerline). [This was to avoid an
expensive retaining wall on the north side on the Cayuga Heights portion - although the Cayuga Heights
portion is reserved for some time in the future!] This south -shifting plan was first presented as an
alternative on the plan presented December 1, 2001, which is still the only plan the public has seen. That
alternative clearly shifts the north edge of the sidewalk away from my property by the same amount the
centerline shifts south. However, Mr. Lampman now contends that it would not move. Nonetheless., it
does move on the plan, and this is the plan they posted, and it does demonstrate that they were able to
achieve their goals with 20.5 feet (which becomes 18.5 feet from the current centerline with the shift).
"We insist that the County first agree that the current Right -of -Way is 17 feet by use only. At
that point, (1) we are prepared to give the County the additional Right -of -Way they need consistent with
the December 1, 2005 south -shifting plan (18.5 feet from current centerline). We are (2) prepared to
negotiate with the County if it desires additional Right -of -Way beyond 18.5 feet. We also recognize (3)
that the County could proceed under eminent domain to take what it wants. While repulsive, this would
be honest behavior. What is not acceptable is (4) that the County says it already has a 25 -foot Right -of -
Way. No owner of our property was ever given due process and compensation.
"In closing I need to say something about Mr. Lampman. I have been hard on John, and he is
used to this, and it is because he is an engineer, and therefore, I expect more from him. It was unfair of
the County to put the burden of this indefensible legal position on him, and to the extent that I have
thereby been forced to contribute to that unfairness, I apologize to him."
Betty Falcao, Director of the Health Planning Council, spoke in support of the resolution on the
agenda entitled "Supporting Changes in Medicare Part D". She said the Plan is very confusing to some
people and believes this proposal will help more people obtain the prescriptions they need. Ms. Falcao
commended the County for starting the Tompkins RX Program and said $250,000 has been saved to -date
by this program by people who have no insurance.
Frances Helmsteader, spoke in support of the resolution on the agenda entitled "Supporting
Changes in Medicare Part D". She shared some of her personal experiences with the current plan and said
she feels the proposed resolution will address some of the major problems that exist with the current plan.
Chantalese DeMarco, Mental Health Department employee, said for the last six months she has
helped transition Department clients from having full and comprehensive prescription coverage to a
system of prior authorizations, co -pays, and medication denials because many of the psychiatric
medications that they need have no generic equivalent. Ms. DeMarco said she supports the resolutionon
the agenda entitled "Supporting Changes in Medicare Part D", and invited any Legislator to contact her if
they would like to discuss any of the extra steps the Department has been taking to make sure clients
remain stable and on their medications.
Martha Ferger, Town of Dryden resident, spoke in support of the resolution on the agenda
entitled "Supporting Changes in Medicare Part D". She said her son and daughter-in-law run a busy
medical practice and she often hears about the many problems the current system has. She also attended a
four-hour citizen congressional hearing held at Tompkins Cortland Community College a few weeks ago
and heard from several individuals, pharmacists, professional and volunteer counselors, small business
owners, doctors, and nurses, about the difficulty they have had with the current system.
Lisa Holmes, Interim Director of the Office for the Aging, spoke in support of the resolution on
the agenda entitled "Supporting Changes in Medicare Part D". She said Office for the Aging staff have
been assisting several seniors who have had difficulty with the current plan. She said it is a very
complicated process and the system has proved to be nearly impossible to navigate alone. She also noted
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April 18, 2006
that the funding to help with the rollout of this plan for the first year will expire at the end of September;
however, intensive assistance and counseling is expected long into the future.
Martha Robertson, District No. 13 Legislator, read a letter on behalf of Rebecca Algie who was
unable to attend as she is meeting to discuss health care issues with candidates for the 24th Congressional
District. Ms. Algie has been working as a monitor for the Medicare Part D signup process in Tompkins
County which is part of a Statewide project sponsored by Statewide Senior Action Alliance for Retired
Americans and the Medicare Rights Center. The project is designed to help seniors navigate through the
new process. Through her work, Ms. Algie has heard directly about the problems both locally and
Statewide that the bill has caused ranging from confusion and frustration to serious difficulties getting
critical prescriptions filled. In her letter, Ms. Algie urged the Legislator to support the resolution on the
agenda entitled "Supporting Changes in Medicare Part D".
Robert DeLuca, Commissioner of Mental Health, also spoke in support of the resolution on the
agenda entitled "Supporting Changes in Medicare Part D". He said Ms. DeMarco, who spoke earlier in
the meeting, has been spending a great deal of her time on the specific tasks she spoke about earlier;
therefore, there is a specific cost to the Mental Health Department for these resources. Mr. DeLuca also
expressed concern for individuals with disabilities who are not associated with a County case
management program.
Presentation of Proclamation
Chair Joseph presented a proclamation to Chris Bertleson of Suicide Prevention and Crisis
Service declaring the week of May 6, 2006, to be Suicide Prevention Day and the week of May 6-13,
2006 as Suicide Prevention Week in Tompkins County.
Distinguished Youth Award
Mr. Sigler, District No. 6 Legislator, presented the April, 2006 Distinguished Youth Award to
Brian Emerick of Lansing. Brian was nominated by Barbara Barry of the Lansing Youth Services
Program who stated that Brian demonstrates maturity, responsibility, the ability to take initiative and
involvement in his community on a continuous basis. He has been an invaluable asset to the Youth
Services Program, both as employee and as a volunteer. Brian's enthusiasm, energy, and optimism in
interacting with young people are evident. Mr. Sigler said Brian has also been an employee of the Lansing
High School Helper's Program for a year and a half. After being paid for two months, Brian decided to
volunteer because he felt rewarded enough by the experience.
Privilege of the Floor by Legislators
Mr. Proto, District No. 7 Legislator, provided the Legislature with an update on activities of the
Water Resources Council. He first spoke of the use of jet skis on Cayuga Lake and said the Council has
worked with the four townships and the one village that surrounds the Lake in developing legislation for
their communities. He displayed two brochures that are the product of that work; one outlines what the
legal regulations might be and the other is a courtesy brochure providing information about who has the
opportunity to use the Lake and tips for being respectful.
Ms. Robertson, District No. 13 Legislator, announced there are workshops being held at Lifelong
where seniors can obtain assistance and information on Medicare Part D. Those workshops will be held
on April 20, 28, May 5, 12, and 19; anyone with questions should contact Lifelong. Ms. Robertson
announced Ithaca has made No. 4 on the list of the top 10 places to live in the country as designated by
Relocate America.
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April 18, 2006
Ms. Kiefer, District No. 10 Legislator, asked people to be aware that this Saturday, April 22nd, is
the National Day to celebrate Earth Day, and to take a moment to consider the trouble the earth is in
because of global warming. She said there was a program on NPR recently that spoke of individuals who
live on low-lying islands and how their entire country will disappear within the next few decades.
Mr. Shinagawa, District No. 4 Legislator, provided the Legislature with a report on 2005 versus
2004 statistics from the Air Service Board. He said for domestic enplanements, Ithaca is up from 2004 by
12.2 percent. Binghamton Regional Airport experienced a decrease of 8.7 percent and Elmira Corning
Regional percent experienced a decrease of 12 percent. He said other numbers pertaining to U.S.
Airways and Northwest Airlines are also looking good.
Mr. Booth, District No. 3 Legislator, said there is discussion in Albany with regard to member
items and a proposal for them to be secret. He said it is the responsibility of both parties to make sure this
does not happen. There is also legislation that has been introduced in the State Assembly that would
remove authority from the State of New York to regulate trapping and would delegate that authority to
county governments throughout the State. Mr. Booth said he does not think any county government
would want this authority or have any expertise to exercise that authority. He said from a broad policy
point -of -view it creates immense damage to remove wildlife authority from the State of New York.
Approval of Resolutions Under the Consent Agenda
It was MOVED by Mr. Booth, seconded by Ms. Mackesey, and unanimously adopted by voice
vote by members present, to approve the following resolution(s) under the Consent Agenda
RESOLUTION NO. 54 - AUTHORIZING 2006 FEDERAL SECTION 5307 GRANT
APPLICATION — TOMPKINS CONSOLIDATED AREA
TRANSIT, INC.
MOVED by Mr. Booth, seconded by Ms. Mackesey, and unanimously adopted by voice vote by
members present under the Consent Agenda.
WHEREAS, the Secretary of the United States Department of Transportation is authorized to
make grants for mass transportation projects pursuant to Section 5307 of Chapter 53, Title 49 of the
United States Code (formerly Section 9, Federal Transit Act of 1964), and
WHEREAS, the County of Tompkins is the designated recipient by the Governor of New York
State of Federal Transit Administration (FTA) Section 5307 Urban Formula transit funds and will apply
on behalf of Tompkins Consolidated Area Transit (TCAT, Inc.) to receive and use said funds, less
reimbursement for County -designated costs for FTA grant administration and oversight in 2006, and
WHEREAS, the County of Tompkins desires to submit a request for a grant of funds to the
Federal Transit Administration, in the amount of $1,371,936 to be used for operating assistance, including
grant administration and oversight; and for capital and planning projects for 2006 as approved by the
Ithaca -Tompkins County Transportation Council and included in the 2004-2006 Transportation
Improvement Program as amended and listed as follows:
Project
FTA 5307
Funding
NYSDOT
TCAT
TOTAL
Preventative Maintenance
$534,000
$66,800
$66,800
$668,000
ADP Hardware/Software
$1,400
175
175
1,750
Communications & Office
Equipment
32,000
4,000
4,000
40,000
Security Equipment
$800
100
100
1,000
Shop Equipment
$2,400
300
300
3,000
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April 18, 2006
Short Term Transit Planning
$20,000
2,500
2,500
25,000
Operating Assistance
780,936
$2,800,000
4,729,659
8,310,595
Total
$1,371,936
$2,873,875
$4,803,534
$9,049,345
, now therefore be it
RESOLVED, on recommendation of the Budget and Capital Committee, That the Tompkins
County Legislature authorizes the County Contracts Coordinator to execute and file applications on
behalf of the County of Tompkins with the United States Department of Transportation and the New
York State Department of Transportation for the 2006 Section 5307 Grant, in the amount of $1,371,936,
RESOLVED, further, That the County Contracts Coordinator is authorized to sign:
1. Any and all agreements between Tompkins County and the State of New York for the
Proj ect.
2. Any and all agreements between Tompkins County and any third -party subcontractors
necessary to complete the project, if applicable.
SEQR ACTION: TYPE 11-20
RESOLUTION NO. 55 - AUTHORIZING FY 2006 FEDERAL SECTION 5309 GRANT
APPLICATION — TOMPKINS CONSOLIDATED AREA
TRANSIT, INC.
MOVED by Mr. Booth, seconded by Ms. Mackesey, and unanimously adopted by voice vote by
members present under the Consent Agenda.
WHEREAS, the Secretary of the United States Department of Transportation is authorized to
make grants for mass transportation projects pursuant to Section 5309 of Chapter 53, Title 49 of the
United States Code (formerly Section 9, Federal Transit Act of 1964), and
WHEREAS, the County of Tompkins is the designated recipient, by the Governor of New York
State, of Section 5309 Bus and Bus Facilities funds and will apply on behalf of Tompkins Consolidated
Area Transit, Inc. (TCAT, Inc.) to receive and use said funds, and
WHEREAS, the County of Tompkins desires to submit a request for a grant of funds to the
Federal Transit Administration, in the amount of $853,073 for the purchase of one forty -foot, low -floor,
hybrid electric bus; construction of the City Center Project Phase I; and purchase of smartcard fare
collection equipment for TCAT buses. The projects were approved by the Ithaca -Tompkins County
Transportation Council and included in the 2004-2006 Transportation Improvement Program, as
amended, now therefore be it
RESOLVED, on recommendation of the Budget and Capital Committee, That the Tompkins
County Legislature authorizes the County Contracts Coordinator to execute and file an application on
behalf of the County of Tompkins with the United States Department of Transportation and the New
York State Department of Transportation for the FY 2006 Section 5309 Grant, in the amount of $853,073,
Project
FTA 5309
New York State
TCAT
Total
Hybrid Electric Bus
$242,945
$212,868
$30,368
$486,181
City Center Project
$446,128
$55,766
$55,766
$557,660
Smartcard Fare
Collection
$164,000
$20,500
$20,500
$205,000
Total
$853,073
$289,134
$106,634
$1,248,841
RESOLVED, further, That the County Contracts Coordinator is authorized to sign:
1. Any and all agreements between Tompkins County and the State of New York for the
Project
2. Any and all agreements between Tompkins County and any third -party subcontractors
necessary to complete the project, if applicable.
SEQR ACTION: TYPE I1-20
April 18, 2006
RESOLUTION NO. 56 — AUTHORIZATION TO ACCEPT AN AWARD OF A GRANT FROM
THE NEW YORK STATE DIVISION OF CRIMINAL JUSTICE
SERVICES
MOVED by Mr. Booth, seconded by Ms. Mackesey, and unanimously adopted by voice vote by
members present under the Consent Agenda.
WHEREAS, the Probation Director has been notified of a grant award from the New York State
Division of Criminal Justice Services in the amount of $26,700 and referred to as the STOP grant, and
WHEREAS, the STOP grant represents a collaborative effort between Tompkins County, Cayuga
Medical Center, The Advocacy Center of Tompkins County, and Cornell University Police Department,
and will fund the Sexual Assault Nurse Examiner (SANE) program, Self -Defense Training, and a lock -
change program for victims of domestic violence and sexual assault, now therefore be it
RESOLVED, on recommendation of the Public Safety Committee, That the County
Administrator or his designee execute all contracts related to this award,
RESOLVED, further, That the Director of Finance is directed to make the following adjustments
to his books for 2006:
BUDGET ADJUSTMENT
Revenue: A3998.43389
Appropriation: A3998.51000754
A3998.58800
A3998.54442
SEQR ACTION: TYPE 11-20
State Aid
Administrative Services Coordinator
Fringes
Professional Services
$26,700
$ 3,000
$ 1,170
$22,530
RESOLUTION NO. 57 — AUTHORIZATION TO ACCEPT AN AWARD OF A GRANT FOR
THE BENEFIT OF THE DRUG COURTS OF TOMPKINS COUNTY
MOVED by Mr. Booth, seconded by Ms. Mackesey, and unanimously adopted by voice vote by
members present under the Consent Agenda.
WHEREAS, the Probation Director has been notified of a grant award in the amount of $40,000
from a local foundation that has requested no publicity for the grant, to provide support for the Drug
Treatment Courts of Tompkins County, now therefore be it
RESOLVED, on recommendation of the Public Safety Committee, That the County
Administrator or his designee execute all contracts related to this award,
RESOLVED, further, That the Director of Finance is directed to make the following budget
adjustment for 2006:
BUDGET ADJUSTMENT
Revenue: A3989.42705
Appropriation: A3989.51000049
A3989.58800
A3989.54491
A3989.52220
A3989.54333
SEQR ACTION: TYPE II -20
Gifts and Donations
Project Assistant
Fringes
Sub -Contracts
Department Equipment
Education and Promotion
$40,000
$ 5,000
$ 500
$26,000
$ 1,000
$ 7,500
RESOLUTION NO. 58 — STANDARDIZATION OF COMMUNICATION EQUIPMENT —
DEPARTMENT OF EMERGENCY RESPONSE — VOICE
LOGGING RECORDER — RADIO AND TELEPHONE
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April 18, 2006
MOVED by Mr. Booth, seconded by Ms. Mackesey, and unanimously adopted by voice vote by
members present under the Consent Agenda.
WHEREAS, the Director of Emergency Response has recommended that Digital Voice Logging
Recording equipment be standardized to ensure full compatibility in the Public Safety Communications
System, and
WHEREAS, such equipment records 911 Emergency Calls and radio traffic, and is archived for
evidentiary and quality assurance purposes, and
WHEREAS, the back-up site at Ithaca Central Fire Station must be equipped and maintained with
compatible recording equipment to meet New York State Wireless 911 Standards, and
WHEREAS, the District Attorney's Office is further specially equipped to retrieve said
recordings from the logging system, now therefore be it
RESOLVED, on recommendation of the Public Safety Committee, That the Department of
Emergency Response standardize, for reasons of economy and efficiency, digital voice logging recorded
equipment with NICE-Wordnet Series III hardware and software, and standardize systems at the
Emergency Response Center, District Attorney's Office, and back-up communication sites.
SEQR ACTION: TYPE 11-20
Appointment(s) Approved Under the Consent agenda
It was MOVED by Mr. Booth, seconded by Ms. Mackesey, and unanimously adopted by voice
vote by members present, to approve the following appointment(s) under the Consent Agenda.
Board of Health
Brooke Greenhouse - At -large representative; term expires December 31, 201 1
Traffic Safety Committee
William Sczesny - Highway Division representative; term expires December 31, 2006
Criminal Justice Advisory/Alternatives-to-Incarceration Board
John P. Beach - At -large representative; term expires December 31, 2007
Advisory Board on Indigent Representation
Seth Peacock - Term expires December 31, 2008
Environmental Management Council
Lucia D. Tyler - Town of Ulysses representative; term expires December 31, 2007
Community Mental Health Services Board
Lee C. Lee - Term expires December 31, 2007
Presentation of Resolution(s) from the Public Safety Committee
RESOLUTION NO. 59 - ADOPTION OF BYLAWS — EMERGENCY PLANNING COMMITTEE
MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice vote by
members present.
WHEREAS, County Policy 01-19, adopted June 28, 1983, and amended June 18, 2000, created
an Emergency Planning Committee (Committee) to assist the Director of the Department of Emergency
Response (then Fire & Disaster Coordinator) in coordinating relief efforts and assisting with emergency
planning, and
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April 18, 2006
WHEREAS, the Committee assisted the Department of Emergency Response in the creation and
development of a Comprehensive Emergency Management Plan (CEMP), adopted by the County
Legislature on December 16, 2003, and
WHEREAS, the work of the Committee is on-going and dynamic, and said CEMP requires
continual review, and modification, and
WHEREAS, the Emergency Planning Committee drafted and adopted Bylaws unanimously at the
March 21, 2006, meeting, now therefore be it
RESOLVED, on recommendation of the Public Safety Committee, That these Bylaws be adopted
and filed with the Clerk of the Legislature,
RESOLVED, further, That these bylaws shall become effective immediately upon adoption of a
resolution amending Administrative Policy 01-19 to reflect the change in membership.
SEQR ACTION: TYPE 11-20
RESOLUTION NO. 60 - AUTHORIZING THE COUNTY ADMINISTRATOR TO ACQUIRE
PARCELS OF LAND BY LEASE OR PURCHASE FOR THE
OPERATION OF THE DIGITAL TRUNKED COMMUNICATION
SYSTEM
MOVED by Mr. Booth, seconded by Ms. Robertson, and unanimously adopted by voice vote by
members present.
WHEREAS, after compliance with the State Environmental Quality Review Act the County
entered into a contract with Motorola, Inc., to develop an 800 MHz digital trunked communication
system, and
WHEREAS, the County Legislature has authorized the County Administrator to enter into a
contract for site work including the placement of towers and shelters at sites identified in the Motorola
contract and the environmental impact statement, and
WHEREAS, the County Legislature has authorized the County Administrator to enter Into
various options to secure rights to parcels necessary for implementation of the digital trunked
communication system, now therefore be it
RESOLVED, on recommendation of the Public Safety Committee, That the County
Administrator is authorized to acquire by lease or purchase any and all sites that may be used in
connection with the digital communication system.
SEQR ACTION: TYPE I
(This action was contemplated in the environmental impact statement and the associated findings
statement already adopted.)
RESOLUTION NO. 61 — ENCOURAGING ADOPTION OF STATE LEGISLATION (S3804 AND
A1451) TO PROVIDE FOR A CREDIT AGAINST PERSONAL
INCOME TAX FOR VOLUNTEER FIREFIGHTERS AND MEMBERS
OF VOLUNTEER AMBULANCE CORPS
MOVED by Mr. Booth, seconded by Mr. Stevenson, and unanimously adopted by voice vote by
members present.
WHEREAS, Volunteer Fire, Rescue, and Emergency Medical Service volunteers provide untold
value in public service to their communities by their selfless dedication in responding at all hours to the
needs of their communities, and
WHEREAS, Volunteer Firefighters and Volunteer Emergency Medical Service members must
undergo countless hours of training and practice to become certified in the various aspects and skills
necessary for firefighting and provide Emergency Medical Services, and
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April 18, 2006
WHEREAS, this dedication to service to others is given freely to the community by many
members of the volunteer services, and
WHEREAS, in this ever-changing and busy world the recruitment and retention of volunteer
department members is becoming an issue of having adequate numbers of trained and qualified volunteers
to respond to the community's needs, and
WHEREAS, it would be a fitting recognition and a reward for the selfless dedication of the
members of volunteer fire, rescue, and emergency medical service departments to provide a credit against
personal income tax for active members in good standing who have a minimum of five years of service,
and maintain continuous eligibility, now therefore be it
RESOLVED, on recommendation of the Public Safety Committee, That the Tompkins County
Legislature does hereby urge the passage and adoption into law of Senate Bill No. 3804 and Assembly
Bill No. A1451 that would provide such a benefit,
RESOLVED, further, That the Clerk of the Tompkins County Legislature shall transmit a
certified copy of this resolution to Governor George Pataki, Assembly Speaker Sheldon Silver, Senate
Majority Leader Joseph Bruno, Senator James Seward, Senator Michael Nozzolio, Senator George
Winner, and Assemblywoman Barbara Lifton.
SEQR ACTION: TYPE 1I-20
Presentation from the Strategic Tourism Planning Board
Stuart Stein, Chairman of the Strategic Tourism Planning Board (STPB), introduced members of
the STPB. Mr. Stein and Fred Bonn, Director of the Convention and Visitors Bureau, provided the
Legislature with a presentation on the history and progress of the tourism program that is supported by
Room Tax. An outline of the presentation is as follows:
TOMPKINS COUNTY TOURISM:
PROGRAM DESCRIPTION AND PROGRESS REPORT
Stuart W. Stein, Chair Fred Bonn, Director
Strategic Tourism Planning Board Convention and Visitors Bureau
(273-3500) (272-1313)
History
It has been twenty years since the County Legislature, at the request of the Chamber of Commerce,
established the hotel and motel occupancy tax or room tax - with the purpose of supporting a tourism
program. It is worth reviewing the program now to orient the new members of the county legislature to
the program, and to update continuing legislators about how the program has fared in the past two
decades.
From the start, the proceeds from the room tax were designated by NY State Home Rule legislation to
fund only tourism related programs, and those rules have been followed from the start. This is the way
that tourism programs throughout the state and, indeed, throughout the country are funded. In Tompkins
County, we started with a 2 % tax and did not include Bed and Breakfast establishments. After a few
years, B&B's requested that they be included so that they could receive the benefits of the county's
marketing program. After another few years, the amount of the tax was increased to 3%, and then about 5
years ago, the tax was raised to 5%. Many of the counties in our part of NY State have matched these
increases.
When the program began 20 years ago, approximately $200,000 was raised, and it was used entirely for
marketing our county to outsiders through the Chamber of Commerce's Convention and Visitors' Bureau
(CVB). In 2005, the room tax brought in more than $1.3 million. Of this amount, the County is
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April 18, 2006
permitted, by state law, to take 10% to cover its administrative costs (which yielded at least $130,000 for
the county coffers this year).
Basic Principles
The plan and the subsequent decisions of the tourism advisory board are based on a few basic principles.
Two are foremost:
1. The focus of the tourism program is economic development and, therefore, it must be viewed
within the much broader context of the county's economic development program. Tourism is a
``fiscal lever" for the county. Its goal is to increase the level of business for private
establishments catering to tourists. But the focus, also, is to improve job opportunities for county
residents, and to increase the amount of property and sales taxes coming in to county and
municipal governments.
2. While doing this, the tourism program must be diligent in protecting and improving the quality of
life for those who live here. This means that it must encourage the type of tourism development
that builds upon the positive aspects of the county, and avoid any type of activity or development
that degrades our environment.
While the amount of money generated by the room tax may seem substantial, the funds are, in reality,
quite limited for the job that needs to be done. County and local municipal governments are unable to do
everything themselves; they must partner with private businesses, non-profit groups and the local
educational institutions to have a viable tourism program that will build the economy. Major partners in
this effort, therefore, are the Chamber of Commerce, Tompkins County Area Development, The
Community Arts Partnership, Cornell and Ithaca College, as well as hundreds of local businesses and
organizations. The STPB, through its grant programs, and through other efforts is continually seeking
ways to build additional partnerships.
Allocation of the Funds
This room tax is directed, according to state law, to both marketing and developing tourism in the county.
In addition, when the room tax was increased from 3% to 5% about 5 years ago, the County Board at the
time directed, via resolution and with an incorporated "white -paper", that the proceeds from the 3%
funding be used for marketing, and that the additional 2% be used for development of the county's
tourism assets, primarily to stabilize and support our cultural and arts organizations.
From the 3% portion of the tax totaling $717,500 in 2006, the CVB contracts with the county to providing
these services for$ 656,000. Other funds from the 3 % portion go to a separate marketing program for
small competitive grants, and to several smaller tourism -marketing programs (e.g. The Finger Lakes
Alliance, the Discovery Trail, etc.).
The 2% portion of the room tax totaling $478,400 in 2006, is allocated to several specific programs:
1. Arts and Culture Stabilization ($200,000)
2. Community Celebrations ($20,000)
3. Signage and Beautification ($90,000)
4. Capital Grants ($100,000)
In addition, funds from this portion of the room tax support the downtown ticket center, the Community
Arts Partnership operations, and a small competitive capital grants program.
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April 18, 2006
Management of the Program
The Chamber's CVB manages the entire marketing program under contract with the County. The CVB
creates and distributes to potential visitors many forms of information and assists tourists who come here.
It also works diligently to generate demand, increasing visitations to the county (for conferences,
meetings, events, etc.).
The Arts and Cultural Stabilization program is managed by the Community Arts Partnership; the
Celebrations Program by the County Historian; the Signage and Beautification Program by the Chamber
of Commerce and Cooperative Extension; and the Capital Grants program by TCAD. Each of these
programs has a defined schedule and a set of written guidelines. Administrative oversight and assistance
to these, and other programs is provided by Jackie Kippola of County Staff.
The County Legislature makes all of the final decisions as to how these funds are to be spent, after
receiving the advice of the Strategic Tourism Planning Board (STPB). This Board has been very effective
in carrying out its responsibility. It is composed of representatives of the broad cross-section of the many
components of the tourism industry. It is a knowledgeable, experienced and hard-working group of
people who voluntarily have done a great service to the Legislature and to the county's citizens and
businesses.
The recommendations of the STPB are guided by a master plan that was prepared recently by a
committee of the Board and approved by the County Legislature last year. This was not the first county
tourism plan; several other studies have been prepared over the past twenty years by professional
consultants so that we can stay up -to date with changing times and conditions.
Some Accomplishments
It takes time to build any economic development program. The tourism program has been growing
steadily, and now seems to be building considerable momentum. There are several indicators of this
success:
1. Room tax and sales tax receipts have risen continually every year.
2. Several new hotels have been built in the past few years.
a. Hampton Inn April 2004
b. Taughannock Farms lnn Guest House — June 2004
c. Hilton Garden Inn — August 2005
d. LaTourelle Resort and Spa Addition — November 2005
e. Homewood Suites scheduled to open Winter 2006
f. Country Garden lnn & Suites scheduled to open Winter 2006
3. The number of inquiries received at the C of C's visitor center has increased each year. For
2005:
a Phone calls received — 12,447
b. Visitors to Visitors Center— 14, 276
c. Requests for travel info for city and county — 1 8,748
d. Visitlthaca.com page visits— 1,336,144
4. The number of meetings, conferences and events booked by the CVB staff has increased
substantially. For 2005, more than 8,000 room nights were booked by the CVB.
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April 18, 2006
5. Stories about Tompkins County and Ithaca tourist attractions now appear regularly in the travel
media.
6. The county's major arts and cultural organizations are being stabilized and several new events
(e.g. Light in Winter and the Dragon Boat Festival) have been added to the local scene.
7. A larger number of municipal celebrations and ethnic/neighborhood focused events in the
county's towns and villages are being held.
8. The number and diversity of events in downtown Ithaca are increasing, and are attracting more
tourists and local citizens.
9. Our county looks prettier and cleaner to the visitor because of the very active beautification
program initiated with county room tax funds.
Evaluation
There is a continual need to evaluate the programs that the county is funding with the room tax. That
challenge is being undertaken this year by the Strategic Tourism Planning Board, and a report will be
made to the Legislature and to the community when it is completed, hopefully by the end of the year.
Nevertheless, at this time it is evident that we are moving ahead in a positive direction, and are achieving
the goals of the county's tourism program. Success for this type of program does not happen overnight. It
is a careful building process, which takes time and patience.
The tourism funds should be viewed as an investment in the county's future economy. If we keep our
eyes on the basic goals of our program and shepherd the available resources wisely, the entire community
will benefit for many years to come.
Chair's Report
Mr. Joseph reported he received information on two award opportunities: New York State
Environmental Excellence Award and New York State Small Business Awards. He described the criteria
for each award and said he has nomination information if any Legislator is interested.
He requested an executive session to discuss a personnel matter to be held later in the meeting.
Mr. Joseph said he would like to meet briefly with TCAT, Inc., representatives following this
meeting for scheduling purposes.
Report from the County Administrator
Mr. Whicher reported the search process for the position of Deputy County Administrator is
entering the final phase and Legislators will be invited to meet the final candidates on May 2nd at 3:30
p.m. He said there were 75 candidates, seven of whom were interviewed and a selection has been made
of the final two. At the May 2nd meeting, Legislators will be able to ask questions of the candidates.
Mr. Whicher said information has been distributed to all Legislators this evening that pertains to
the upcoming Legislature Retreat. He described the outlook for the 2007 budget as challenging.
Report from the County Attorney
Mr. Wood reported the Bolton Point Water System has not paid its fees for three years and in the
past week brought a lawsuit against the County that claims the fees are unfair. A court will be deciding
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April 18, 2006
the issue about these particular fees; however, he noted all other entities have been paying their fees all
along.
Mr. Wood addressed comments made earlier in the meeting with regard to Right -of -Way, and
often times roadwork is outside the existing Right -of -Way. Sometimes the Right -of -Way needed is
insignificant and usually not a big problem. He said when the Highway Division decides a road needs to
be improved, the improved road is going to be based on what is safest and what serves the community's
best interest. The notion that was suggested that because something is outside the right-of-way that the
road should be moved is not how it works. There is a strong disagreement between the County and the
particular landowner about whether the County is outside the right-of-way. He believes the County is
within the right-of-way; however, if it is not, the needed right-of-way would be paid for and acquired.
Report from the Finance Director
Mr. Squires reported the Foreclosure auction of delinquent tax properties is scheduled for May
16. He has provided a list of the ten properties to all Legislators.
Mr. Squires reported the auditors have been on-site for three weeks. At this time it appears
accounts are in good shape at year-end with the exception of the decline in the Airport Fund Balance and
the Worker's Compensation fund.
Sales tax for the first quarter of 2006 was up by eight percent and the City experienced a double-
digit increase. Outside the City sales tax went up by approximately four percent. Mr. Squires said next
week Mortgage Recording Tax information will be sent to the towns and villages. That income is up by
approximately five percent over last year. He spoke of interest rates and said they have been rising
quickly. He reported the tobacco companies made their distributions into the settlement and counties
were informed that the largest tobacco company, Phillip Morris, paid according to the master settlement
agreement but the two other large tobacco companies withheld twenty percent based on their
disagreement with the impact of non -participating factors on the market. He expects Tompkins County
to be short on tobacco settlement revenues this year by approximately $70,000.
Finally, Mr. Squires reported the County will be receiving proposals for bond counsel service.
Addition of Resolution(s) to the Agenda
There were no resolution added to the agenda.
Withdrawal of Resolution(s) from the Agenda
Chair Joseph gave Mr. Shinagawa permission to withdraw the resolution entitled Authorizing the
Chair of the Tompkins County Legislature to Send the Attached Letter on Behalf of Bruce McDonald
from the agenda.
Report from the Workforce Diversity and Inclusion Committee
Mrs. McBean-Clairborne, Chair, was not in attendance; no report was given.
Report and Presentation of Resolutions(s) from the Health and Human Services Committee
Mr. Proto, Chair, reported the Committee was met twice since the last Legislature meeting. One
item that took a great deal of discussion was the resolution that will be discussed during this meeting with
regard to Medicare Part D. The Committee was informed the County has been served with a lawsuit by
the Bolton Point Water System and any work that was being done by John Andersson of Environmental
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April 18, 2006
Health pertaining to those concerns, have been placed on hold as additional work may be necessary as a
result of the lawsuit. The Committee received a report from Tompkins Community Action with regard to
the loss of State and Federal monies. Programs hardest hit are the Head Start and Weatherization
Program. Mr. Proto said there will be a significant impact locally as a result of these funding reductions.
He reported the Board of Health's new open burning regulations were put into effect and information has
been provided to the public through various means, including a printed article in the Ithaca Journal.
Alice Cole, Public Health Director, provided the Committee with a memorandum regarding the
flu pandemic and what action plans are in place. Ms. Cole intends to have an update on the County's
Emergency Management Plan for the Committee in May. Patricia Carey, Department of Social Services
Commissioner, reported on the new Family Custody Court. This is a new court that has been established
to divert low confrontational issues to the Community Dispute Resolution Center and Child Protective
Services and Intervention are going to go directly to the Family Custody Court. Nancy Zahler, Director
of the Youth Services Department, informed the Committee that a Transportation Study for high school
students is being performed to obtain information on what the needs of students are.
Mr. Proto reported two special Committee meetings will be held; however, dates have not yet
been set. The first meeting will be a tutorial on the Medicaid Program; the second will be with hurnan
service agencies to discuss how they fit into budget process; County departments will be invited to
participate as well. He reported the Committee's 2006 Work Plan was approved.
Ms. Kiefer said she does not believe Mr. Andersson's work should be placed on hold because of
the receipt of a lawsuit by the Bolton Point Water System. She said she believes that negotiations should
continue as there are often settlements reached outside of court. Mr. Wood, County Attorney, said he
expects a decision on this before Mr. Andersson would have reported back to the Committee.
RESOLUTION NO. 62 - AUTHORIZING ADDITION OF 0.5 FTE REGISTERED NURSE
POSITION — DEPARTMENT OF SOCIAL SERVICES
MOVED by Mr. Proto, seconded by Mr. Hattery, and unanimously adopted by voice vote by
members present.
WHEREAS, the Department of Social Services needs to increase by 0.5 FTE the staff it dedicates
to serving the growing number of Tompkins County residents who participate in the Expanded Non -
Medical In -Home Services to the Elderly Program (EISEP), and
WHEREAS, the Department will receive a mix of Federal and State reimbursement which,
combined, will cover one hundred percent of the additional costs associated with this increase, and
WHEREAS, the Department of Social Services has a qualified employee, presently working half-
time in that title, who is willing to take on the additional workload and hours, now therefore be it
RESOLVED, on recommendation of the Health and Human Services and Budget and Capital
Committees, That effective May 1, 2006 one of the Department of Social Services' 0.5 FTE position
Registered Nurse — Grade 14 (565) be increased to full-time (1.0 FTE, 35 hours/week.),
RESOLVED, further, That the Director of Finance is authorized to make the following pro -rated
2006 budget adjustments to reflect this change:
Social Services Adjustments
REVENUE: A6010.44601 Federal — Medicaid $10,005
A6010.43602 State — Medicaid $10,005
APPROPRIATION: A6010.51000.565 Salary — Registered Nurse $14,396
A6010.58800 Fringes $ 5,614
SEQR ACTION: TYPE 11-20
RESOLUTION NO. 63 - SUPPORTING CHANGES IN MEDICARE PART D
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MOVED by Mr. Proto, seconded by Mr. Shinagawa.
It was MOVED by Mr. Hattery, seconded by Mr. Sigler, to substitute with the following
resolution:
RESOLUTION NO. - SUPPORTING CHANGES IN MEDICARE PART D
WHEREAS, Medicare Part D has provided many Medicare recipients with necessary medications
at a more affordable price than before the program was initiated, and
WHEREAS, certain features of the program, however, have created unnecessary complexity and
leave Medicare recipients at risk of signing up for incorrect or inadequate drug coverage, without the
option to change plans, for example:
• During the plan year, after Medicare recipients sign up, insurance companies are permitted to increase
their co -pays, change their formularies, and drop previously covered medications;
• After May 15, 2006, Medicare recipients can only change drug plans once a year (during the six-week
open enrollment periods) even if the drugs they need are dropped from the plan, their medication
needs change to a drug that is not on their plan, or the co -pays go up, and
WHEREAS, because Medicare Part D is provided by private insurance companies rather than as
an add-on to basic Medicare, the decisions Medicare recipients must make are overwhelming and
confusing, and represent a barrier to many people rather than a benefit. For example, recipients in New
York State must choose from among 47 different plans offered by 21 different companies, and
WHEREAS, the resulting confusion about Medicare Part D, as reported in the media and by local
people, makes it hard for many people to meet the May 15, 2006 enrollment deadline, putting them at risk
of paying late enrollment penalties, as follows:
• After May 15, 2006, there is a late enrollment penalty. If a person does not sign up by May 15, they
must wait until the next enrollment period, which is November 15 through December 31, 2006.
People who enroll then will be charged a 7% penalty*.
• Those who enroll in 2007 (November 15 - December 31) will have to pay a 19% late penalty.
• The cost continues to increase each year thereafter by 12%.
WHEREAS, the Tompkins County Legislature is concerned about the costs of Medicare Part D
being borne by local government, nonprofits, pharmacists and physicians, specifically extensive staff time
required to help clients negotiate the system, and
WHEREAS, Medicaid recipients who are also eligible for Medicare (called "dual -eligibles"),
including those who are disabled, now must start paying co -pays out of pocket, requiring our Mental
Health Clinic personnel to collect co -pays from some clients and submit for state reimbursement for other
clients, and
WHEREAS, the Tompkins County Legislature wants Medicare recipients to have prescription
drug coverage that is as comprehensive, user-friendly and cost-effective as possible, now therefore be it
RESOLVED, on recommendation of the Health and Human Services Committee, That the
Tompkins County Legislature supports Federal legislation to fix the major problems with Medicare Part
D,
RESOLVED, further, That the Legislature supports ethef legislation that would extend
the initial open enrollment period beyond May 15, 2006, waive the late enrollment penalty, and permit
beneficiaries to change plans if their prescription needs change, or their provider changes the formulary or
significantly raises prices during the benefit year,
RESOLVED, further, That copies of this resolution be forwarded to President George W. Bush,
Senators Charles Schumer, Hillary Clinton, Michael Enzi, Edward Kennedy, Senate Majority Leader
William Frist and Senate Minority Leader Harry Reid, and Representatives Maurice Hinchey, Sherwood
Boehlert, Joseph Barton, John Dingell, and Speaker Dennis Hastert.
SEQR ACTION: TYPE I1-20
121
April 18, 2006
Mr. Hattery said he supports the basic issues of the original resolution; however, two aspects of
this he feels strongly about are: he does not feel this Legislature should comment on other legislation
often, but when it is done it is important that it is stated why, as a County, that there is interest in it with
identification of some of the problems Tompkins County has had; the other problem which precipitated
the substitute is supporting a specific piece of national legislation as opposed to addressing the remedies
that are seen as the problem with the current program. For this reason, Mr. Hattery's substitute resolution
removes language pertaining to specific national legislation. Also removed from the substitute resolution
are two Whereases which he feels are related to the specific national legislation.
Mr. Sigler agreed with Mr. Hattery's comments and said he feels as a County Legislator, he is
overstepping his bounds by endorsing this specific legislation. He said it is the responsibility of
Congressmen Boehlert and Hinchey to address this after hearing the concerns of Tompkins County.
Ms. Robertson said she does not support removing the fifth and sixth Whereases as the resolution
will then not recognize the real structure of the program as it is. She feels strongly that there are major
structural flaws with the program and that the language contained in these Whereases needs to remain.
Ms. Herrera said she believes it is important for this Legislature to take a stand on this national
issue, especially because of the impact on the local taxpayer.
Mr. Booth said he is usually reluctant to vote on items that pertain to national politics; however,
he feels it makes sense to do so in this case because of the close relationship this has to many
expenditures in the County budget.
Mr. Proto said he does not feel anyone questions whether this has an impact on the County and its
residents. His concern, however, is that the Legislation is a moving target and while the resolution says
it is the current version that is being addressed because it is not known what will come out of the House
or Senate at this point.
Ms. Kiefer spoke against the substitute resolution because she feels the two original Whereases
are factual, relevant to the effect on Tompkins County, and extremely important. She also wants to see
the resolution include what is desired in the way of changes, remain as it is on the original resolution.
A voice vote on the substitute resolution resulted as follows: Ayes - 3 (Legislators Hattery, Proto,
and Sigler); Noes - 9; Excused - 3 (Legislators Koplinka-Loehr, McBean-Clairborne, and Randall).
MOTION FAILED.
Discussion continued on the original resolution.
It was MOVED by Ms. Kiefer, seconded by Ms. Robertson, to amend the second Resolved to
read: "RESOLVED, further, That the Legislature urges passage of legislation that would establish a
standard drug -coverage plan, administered by Medicare, and mandate price negotiations for prescription
drugs, such as the original version of the Medicare Prescription Drug Savings and Choice Act of 2005
(H.R. 752 and S. 345) which would thereby save taxpayers billions of dollars,"
Mr. Sigler said this is a $400 billion program that didn't previously exist, therefore, more people
have prescription drug coverage than had it before. He said that although there are problems with the
program, there were also problems with Social Security when that first was put into effect. He pointed
out that neither of the pieces of legislation have been endorsed by a Republican nationally and doesn't see
how something that is not bi-partisan will pass.
Ms. Herrera said as a representative of her constituents who have expressed their dismay about
this program as it currently exists, feels there is a time when local representatives should make a stand.
122
April 18, 2006
Mr. Proto said the concern he has is that a negative vote on this is the appearance that there is not
support for the individuals who have had a rough time applying for coverage. He said he does not believe
that is the message that any member of this Legislature wants to send. He said it has to be clear that his
negative vote is due to him not knowing enough about the two specific pieces of pending legislation. Mr.
Proto said he is very concerned about the individuals who are having a rough time applying and who are
making their way through this. He referred to an article that appeared last week in the Ithaca Journal
that was written on behalf of those people who had applied successfully and who had saved money; one
individual saved over $1,000. He said the system is not perfect, but the legislation contained in the
resolution seem to lend themselves to supporting national health care, which is an issue that is unresolved.
Without objection, Mr. Dennis called the question.
A voice vote on the amendment resulted as follows: Ayes - 10; Noes - 2 (Legislators Hattery and
Proto); Excused - 3 (Legislators Koplinka-Loehr, McBean-Clairborne, and Randall). AMENDMENT
CARRIED.
Ms. Robertson said the $400 billion amount was only the number that was promised when the
Bill was in Congress and that actual estimates are between $560 to $00 billion. She also said the number
of seniors who have voluntarily enrolled is approximately 5 million, which is 12 percent of those who are
eligible. There are another 20 million who have been enrolled through their employer. She also said this
has nothing to do with national health insurance; instead, it saves billions of dollars for individuals instead
of giving those funds to pharmaceutical companies.
Without objection, Mr. Dennis called the question.
A voice vote on the resolution as amended resulted as follows: Ayes - 9; Noes - 3 (Legislators
Hattery, Proto, and Sigler); Excused - 3 (Legislators Koplinka-Loehr, McBean-Clairborne, and Randall).
RESOLUTION ADOPTED.
WHEREAS, Medicare Part D has provided many Medicare recipients with necessary medications
at a more affordable price than before the program was initiated, and
WHEREAS, certain features of the program, however, have created unnecessary complexity and
leave Medicare recipients at risk of signing up for incorrect or inadequate drug coverage, without the
option to change plans, for example:
• During the plan year, after Medicare recipients sign up, insurance companies are permitted to increase
their co -pays, change their formularies, and drop previously covered medications;
• After May 15, 2006, Medicare recipients can only change drug plans once a year (during the six-week
open enrollment periods) even if the drugs they need are dropped from the plan, their medication
needs change to a drug that is not on their plan, or the co -pays go up, and
WHEREAS, because Medicare Part D is provided by private insurance companies rather than as
an add-on to basic Medicare, the decisions Medicare recipients must make are overwhelming and
confusing, and represent a barrier to many people rather than a benefit. For example, recipients in New
York State must choose from among 47 different plans offered by 21 different companies, and
WHEREAS, the resulting confusion about Medicare Part D, as reported in the media and by local
people, makes it hard for many people to meet the May 15, 2006, enrollment deadline, putting them at
risk of paying late enrollment penalties, as follows:
• After May 15, 2006, there is a late enrollment penalty. If a person does not sign up by May 15, they
must wait until the next enrollment period, which is November 15 through December 31, 2006.
People who enroll then will be charged a 7% penalty_.
• Those who enroll in 2007 (November 15 - December 31) will have to pay a 19% late penalty.
• The penalty continues to increase each year thereafter by 12%.
123
April 18, 2006
WHEREAS, basic Medicare has much lower administrative overhead (2-3%) than private
insurance companies (15-25%), and Medicare Part D as written includes governmental subsidies to
private insurance companies, and
WHEREAS, the Federal government is prohibited from negotiating on behalf of Medicare
beneficiaries for lower drug prices, and
WHEREAS, the Tompkins County Legislature is concerned about the costs of Medicare Part D
being borne by local government, nonprofits, pharmacists, and physicians, specifically extensive staff
time required to help clients negotiate the system, and
WHEREAS, Medicaid recipients who are also eligible for Medicare (called "dual -eligibles"),
including those who are disabled, now must start paying co -pays out of pocket, requiring our Mental
Health Clinic personnel to collect co -pays from some clients and submit for state reimbursement for other
clients, and
WHEREAS, the Tompkins County Legislature wants Medicare recipients to have prescription
drug coverage that is as comprehensive, user friendly, and cost effective as possible, now therefore be it
RESOLVED, on recommendation of the Health and Human Services Committee, That the
Tompkins County Legislature supports Federal legislation to fix the major problems with Medicare Part
D in the short term, and correct the program's structural problems in the long term,
RESOLVED, further, That the Legislature urges passage of federal legislation that would
establish a standard drug -coverage plan, administered by Medicare, and mandate price negotiations for
prescription drugs, such as the original version of the Medicare Prescription Drug Savings and Choice Act
of 2005 (H.R. 752 and S. 345) which would thereby save taxpayers millions of dollars,
RESOLVED, further, That the Legislature supports other legislation that would extend
the initial open enrollment period beyond May 15, 2006, waive the late enrollment penalty, and permit
beneficiaries to change plans if their prescription needs change, or their provider changes the formulary or
significantly raises prices during the benefit year,
RESOLVED, further, That copies of this resolution be forwarded to President George W. Bush,
Senators Charles Schumer, Hillary Clinton, Michael Enzi, Edward Kennedy, Senate Majority Leader
William Frist and Senate Minority Leader Harry Reid, and Representatives Maurice Hinchey, Sherwood
Boehlert, Joseph Barton, John Dingell, and Speaker Dennis Hastert.
SEQR ACTION: TYPE 11-20
Report from the Facilities and Infrastructure Committee
Ms. Kiefer, Vice Chair, reported the Committee met on April 11 and toured the Public Safety and
Public Library buildings. The Committee did not have a full compliment of membership to have a
successful vote; therefore, could not advise Mr. Marx, Commissioner of Planning and Public Works, on
Capital Program priorities. Ms. Kiefer said it became clear to her following the meeting that if the
Facilities and Infrastructure Committee did as it was told and only looked at the condition of buildings,
the Health Department would be the building in the greatest need. She said having toured the Public
Safety Building and observed how the program is compromised by the lack of space, although the
building is not as in need of attention as the Health Department building. She said she thinks it would be
good for the Legislature to consider this as well.
Report from the Personnel Committee
Mr. Dennis, Chair, reported the Committee met on April 12 and discussed salaries for the Sheriff
and County Clerk; no decision was made and discussion will continue at the next meeting. The
Committee also discussed the creation of a Health Insurance Subcommittee to look at ways to save money
on health insurance in the future. There was also a discussion of the Diversity Policy and how it should
fit into the Administrative Manual. The next meeting will be May 10 at 3 p.m.
124
April 18, 2006
Report from the Government Operations Committee
Ms. Herrera, Chair, reported the Committee will meet tomorrow at 3 p.m. at the Tompkins
County Public Library.
Report and Presentation of Resolution(s) from the Budget and Capital Committee
Ms. Mackesey, Vice Chair, reported the Committee met on April 10 and discussed the option
presented by the State to remove sales tax on clothing and footwear. She said the Committee decided to
wait until the first of the year and also so that a discussion can take place over the next few months on
this. She said Legislators should have received information on the upcoming Budget Retreat.
RESOLUTION NO. 64 — 2005 APPROPRIATIONS AND BUDGET ADJUSTMENTS FOR
SALARY INCREASE — WHITE COLLAR AND BLUE COLLAR
EMPLOYEES (Attachment located at the end of these minutes)
MOVED by Ms. Mackesey, seconded by Mr. Dennis.
Mr. Booth said he does not believe this resolution is necessary and that the funds should remain
in the General Fund as a way to increase flexibility in dealing with the General Fund. He also does not
believe this will have any impact on the Rollover Policy.
Ms. Mackesey said she will support this because it was not a matter of policy that this happened
and that confusion led this happening. It was not clear to department heads where this money was going
to come from at the end of negotiations. She said although she will support this resolution this evening
she is not clear what position she will take in the future on this issue.
Mr. Whicher said he feels this resolution should be adopted this evening and that the Legislature
can address the Rollover funds on an individual department basis.
A short roll call vote resulted as follows: Ayes - 9; Noes - 3 (Legislators Booth, Hattery, and
Stevenson); Excused - 3 (Legislators Koplinka-Loehr, McBean-Clairborne, and Randall).
RESOLUTION ADOPTED.
WHEREAS, Resolution No. 117 of 2005, "Establishment of Guidelines and Fiscal Targets for All
County Budgeting Units for the Preparation of the 2006 Budget," stated that all salary changes and
associated fringe costs or savings will be paid through or received by the General Fund, and
WHEREAS, the bargaining agreement between Tompkins County and the White Collar Union,
for the years 2005, 2006, and 2007, was ratified on September 20, 2005, and
WHEREAS, Management and Confidential 2005 salary adjustments were already included in the
2006 fiscal targets, and
WHEREAS, the bargaining agreement between Tompkins County and the Blue Collar Union for
the years 2005, 2006, and 2007, was ratified on February 7, 2006, now therefore be it
RESOLVED, on recommendation of the Budget and Capital Committee, That effective April 19,
2006, the departmental accounts listed on the attached departmental summary document for fiscal year
2005 be increased by the amounts indicated from the following revenue accounts:
REVENUE: General Fund Balance, Highway Fund Balance, Airport Fund Balance,
Solid Waste Fund Balance, Workforce Development Fund Balance
RESOLVED, further, That this does not increase any department's fiscal target and does not
negatively effect the department's rollover.
SEQR ACTION: TYPE 1I-20
125
April 18, 2006
RESOLUTION NO. 65 — APPROPRIATION FROM CONTINGENT FUND — CITY OF ITHACA
— MUNICIPAL SALES TAX AGREEMENT
MOVED by Ms. Mackesey, seconded by Mr. Booth. A short roll call vote resulted as follows:
Ayes - 12, Noes - 0, Excused - 3 (Legislators Koplinka-Loehr, McBean-Clairborne, and Randall).
RESOLUTION ADOPTED.
WHEREAS, Resolution No. 87 of 1993, gave authorization for the County to enter into an
agreement with the City of Ithaca for the distribution of sales tax proceeds, and
WHEREAS, the County pays for selected services provided by the City in an amount that
increases or decreases yearly based on the percentage change in actual sales tax collected in the City of
Ithaca, and
WHEREAS, actual collections within the City of Ithaca increased by 13.5 percent in 2005, and
WHEREAS, adjustments necessary to pay the various agreed upon agencies requires an
appropriation from the Contingent Fund, now therefore be it
RESOLVED, on recommendation of the Budget and Capital
Finance be authorized to make the following budget appropriation:
BUDGET APPROPRIATION
From:
Unallocated Revenues
To:
CDRC
OAR
HSC Agencies
County/City
Program Change
TOTAL CHANGE
SEQR ACTION: TYPE II -20
A9999.41110
A6313.54400
A6315.54400
A6305.54400
A6901.54666
Budget
$ 16,799
$ 5,204
$206,726
$227,629
2006 Due
$ 20,378
$ 5,909
$234,726
$329,186
Committee,
$133,841
Change
$ 3,579
$ 705
$ 28,000
$101,557
$133,841
That the
Report from the Planning, Environmental Quality and Education Committee
Ms. Robertson, Chair, reported the Committee will meet April 20th at 3 p.m.
Report from the Strategic Planning Committee
Mr. Koplinka-Loehr was not in attendance. There was no report from this Committee.
Report from the Public Safety Committee
Director of
Mr. Booth, Vice Chair, reported the Committee met on April 6 and again prior to this meeting.
At the April 6 meeting the Committee Alice Cole, Public Health Director, provided the Committee with a
report on the status of planning that is taking place among County agencies for the Avian Flu. She
stressed there needs to be an improvement in communication of public safety agencies and identifying
different roles County employees may play in the case of an emergency. Mr. Whicher reported the
emergency generator for Building C will be installed in June.
The Committee discussed the possibility of adopting an ordinance that prohibit the construction
of anything that would interfere with the County's communications system. Mr. Wood, County Attorney,
will be looking into this further and reporting back to the Committee. Lastly, the Committee briefly
discussed the possibility of whether the County should pursue the question of whether the Commission or
Correction has the authority to regulate the size of jails; the Committee decided that this is not the
appropriate time to pursue that question.
126
April 18, 2006
There was also a brief discussion on road patrol services and what level of services is occurring
and what is desirable in the rural parts of the County.
Approval of Minutes of March 21 and April 4, 2006
It was MOVED by Mr. Shinagawa, seconded by Mr. Stevenson, and unanimously adopted by
voice vote by members present, to approve the minutes of March 21 and April 4, 2006 as submitted.
MINUTES APPROVED.
Recess
Chair Joseph declared recess from 8:42 p.m. to 8:47 p.m.
Executive Session
It was MOVED by Ms. Herrera, seconded by Mr. Dennis, and unanimously adopted by voice
vote by members present, to enter into executive session at 8:47 p.m. to discuss a personnel matter. The
meeting returned to open session at 9:09 p.m.
Adjournment
On motion the meeting adjourned at 9:09 p.m.
127
2005 SALARY ADJUSTMENT REPORT
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Board of Elections
County Administration
County Attorney
County Clerk
Department of Assessment
District Attorney
Emergency Response
Facilities Division
Finance Department
Health Department
Highway
Human Rights Commission
Information Technology Services
Legislature
Office for the Aging
Personnel Department
386,722
466,829
346,252
837,219
938,314
1,079,962
1,729,364
1,442,188
785,413
4,533,008
2,694,308
191,093
709,146
558,382
549,876
670,839
Planning Department 634,962
Probation and Community Justice Department 2,718,042 2,709,681
Public Works Administration 81,187
Sheriffs Office 3,743,448
Sheriffs Office - Jail 3,035,766
Social Services, Department of 9,035,538
Tompkins Consolidated Area Transit 78,634
Weights and Measures 61,855
Workforce Development 147,996
Youth Services Department 364,633
371,705
416,416
345,066
852,472
914,392
1,035,140
1,779,504
1,481, 347
764,733
4,483,546
2,577,149
173,626
737,796
557,539
534,925
615,408
608,743
15,016
50,413
1,186
(15,253)
23,922
44,822
(50,139)
(39,160)
20,680
49,462
117,159
17,467
(28,650)
844
14,951
55,431
26,218
5,944
9,415
7,784
920
4,397
19,377
2,203
3,996
15,866
9,551
3,509
1,808
2,648
4,804
1,607
12,460
3,325
1,975
1,872
1,347
628
1,872
2,734
7,816
8,361
Assumptions
-
9,415
- - 7,784
3,426 3,426 - 4,346
14,206 - 14,206 18,603
- - - 19,377
30,372 30,372 - 32,575
74,195 39,160 35,035 78,191
1,149 - 1,149 17,015
57,763 - 57,763 67,314
117,146 - 117,146 120,655
2,370 - 2,370 4,178
12,225 12,225 - 14,873
- -
4,804 .71
8,817 8,817 10,424
2,309 2,309 14,769 .-.
8,515 8,515 11,840 90
6,782 44,647 44,647 51,429 N
O
1,825 CD
3,682
1,300 1,300 88,595
84,647 51,270 89,839
80,948 239 1,825
3,669,187 74,261 3,682
3,051,036 (15,270) 87,295
9,136,435 (100,897) 5,192
80,948 (2,314) -
61,651 204 1,572
132,285 15,711 -
368,807 (4,174) 1,843
218,564
1,572
6�$6 4,174 2,01,2 8,029
473,111 143,274 296,469 691,683
- Budget, expense and net salary increase include 39% fringe rate
- 2005 Expenses are 13th period run 3/6/06
- 2005 net salary increase is calculated based on departments estimated revenue
-General fund contribution is applied when the department's 2005 balance is a negative. The increase is equal to the negative balance not to exceed their
total net salary increase.
(2005 base -13th period)
2005 Salary Adjustments
Assigned Counsel
NYS Unit 1170
Account 2005 Salary Adj.
FRINGE 58800 $554
PROGRAM COORD AC 51000670 $761
SECRETARY 51000671 $660
$1,975
Total Assigned Counsel
Board of Elections
NYS Unit 1450
FRINGE
SR ELECTIONS CLERK
Total Board of Elections
County Clerk
NYS Unit 1410
58800
51000691
$525
$1,347
$1,872 •
FRINGE 58800 $961
IN) PRINC RECORD CLERK 51000685 $1,409
RECORDING CLERK 51000687 $1,178
SR RECORDING CLERK 51000690 $1,330
CLERKFEES 41255 ($1,452)
51000505 $5,050
NYS Unit 1411
MTR. VEH. EXAM
Total County Clerk
$3,426 .
To support resolution "2005 Appropriations and Budget Adjustments for Salary Increase - White Collar, and Blue Collar Employees Page: 1
4/5/2006
Department of Assessment
NYS Unit 1355
Account 2005 Salary Adj.
FRINGE 58800 $3,986
ASSMT ACCT SPEC 51000765 $709
ASST ASMT ACT SPEC 51000768 $589
DATA COLLECTOR 51000525 $1,120
GIS TECH 51000713 5653
OVERTIME 51000709 520
REAL PROP SYS SPEC 51000730 $826
REAL PROP. APPRSER 51000709 $3,740
RECEPTIONIST 51000506 5506
VALU SPECIALIST 51000735 52,057
Total Department of Assessment
Emergency Response
NYS Unit 3410
$14,206
FRINGE 58800 58,326
1--, ADMIN. ASSISTANT 51000535 $324
w
O CA D!SP SYS COORD 51000769 $1,055
EMERG SVCS DISP 51000551 $15,261
OVERTIME 51000551 5118
SENIOR CLERK 51000518 5640
SR EMERG SVC DIS 51000751 53,950
NYS Unit 4189
FRINGE
ADMIN. ASSISTANT
Total Emergency Response
58800 $196
51000535 $502
(30,372
To support resolution "2005 Appropriations and Budget Adjustments for Salary Increase - White Collar, and Blue Collar Employees Page: 2
4/5/2006
Facilities Division
NYS Unit 1620
Account 2005 Salary Adj.
FRINGE 58800 520,817
CARPENTER 51000864 52,261
CLEANER 51000801 $29,393
CLEANING SUPER 51000823 $2,261
ELECTRICIAN 51000822 $2,261
FAC SHOPKEEPER 51000865 $2,261
GEN MAINT SUPER 51000861 $2,261
MAINT MECHANIC 51000863 $4,522
SENIOR CLEANER 51000803 $4,522
ADMIN. ASSISTANT 51000535 5723
SECRETARY 51000671 $652
Total Facilities Division $74,195
Finance Department
NYS Unit 1345
FRINGE 58800 $322
BUYER 51000614 $826
Total Finance Department $1,149
To support resolution "2005 Appropriations and Budget Adjustments for Salary Increase - White Collar, and Blue Collar Employees Page: 3
4!5/2006
Health Department
NYS Unit 4010
NYS Unit 4012
NYS Unit 4013
NYS Unit 4015
NYS Unit 4016
NYS Unit 4047
Account 2005 Salary Adj.
FRINGE 58800 $1,746
ADMIN COORDINATOR 51000674 $761
ADMIN. ASSISTANT 51000535 $1,126
BIO TERR PREP COORD 51000780 $761
KEYBD SPEC 51000507 $1,011
SYSTEMS ANALYST 51000719 $818
FRINGE 58800 $1,539
HEALTH AIDE 51000654 $352
NUTRITION ED 51000785 $354
SENIOR CLERK 51000518 $1,120
WIC PROG NUTRITNST 51000572 $1,303
WIC PROG. DIR. 51000598 $818
GRANT FUNDING 100% 51000572 ($3,946)
FRINGE 58800 $40
ADMIN. ASSISTANT 51000535 $103
STATEAID 30% 43401 ($31)
FRINGE 58800 $251
DEP REG VITAL REC 51000776 $644
FRINGE 58800 $10,003
ACCT. CLERK/TYPIST 51000513 $1,596
COMM HEALTH NURSE 51000580 $12,870
HLTH ED PROMO DIR 51000716 $900
PHYS. THERAPIST 51000579 $1,029
PLANNER/EVALUATOR 51000672 $818
SENIOR CLERK 51000518 $560
SR ACCT CLK/TYP 51000529 $1,737
SUPV COMM HLTH NUR 51000601 $2,178
TEAM LEADER 51000656 $3,960
FRINGE
58800 $3,719
To support resolution "2005 Appropriations and Budget Adjustments for Salary Increase - White Collar, and Blue Collar Employees Page: 4
4/5/2006
Health Department
NYS Unit 4047
NYS Unit 4090
NYS Unit 4095
Account 2005 Salary Adj.
ACCT. CLERK/TYPIST 51000513 $532
ADMIN COORDINATOR 51000674 $761
COMM HEALTH NURSE 51000580 $4,500
DIR PRE SPEC ED 51000775 $900
FAM/CHILD OUT WKR 51000745 $360
KEYBD SPEC 51000507 $253
SR ACCT CLK/TYP 51000529 $1,240
TEAM LEADER 51000656 $990
FRINGE 58800 $5,126
ACCT. CLERK/TYPIST 51000513 $374
KEYBD SPEC 51000507 $567
PUB HEALTH SANlT 51000595 $6,621
PUBLIC HEALTH ENG 51000640 $1,089
SR ACCT CLK/TYP 51000513 $532
SR PUB HLTI-1 SANIT 51000607 $3,960
STATEAID NYS4010 36% 43401 ($1,612)
STATEAID NYS4016 35% 43401 ($8,977)
STATEAID NYS4047 30% 43401 ($2,861)
STATEAID NYS4090 36% 43401 ($4,732)
Total Health Department $57,763
To support resolution "2005 Appropriations and Budget Adjustments for Salary Increase - White Collar, and Blue Collar Employees Page: 5
4/5/2006
Highway Division
NYS U°)it 3310
NYS Unit 5010
NYS Unit 5110
NYS Unit 5111
NYS Unit 5130
Account
2005 Salary Adj.
SIGN MECHANIC 51000813 $2,261
SR SIGN MECHANIC 51000866 $2,261
FRINGE 58800 $32,868
ADMIN. ASSISTANT 51000535 $826
SECRETARY 51000671 $736
ASSOC CIV ENGR 51000837 $2,261
BRIDGE MECHANIC 51000840 $2,261
CIVIL ENGINEER 51000842 $565
ENGINEERING TECH 51000835 $942
HEAVY EQUIP OPER 51000810 $18,088
HIGHWAY CREW SUPV 51000841 $6,783
HIGHWAY TECHNICIAN 51000850 $2,261
L4BORER 51000806 $3,203
MOTOR EQUIP OPER 51000809 $23,364
OVERTIME 51200 $2,261
SR HI CREW SUPER 51000825 $2,261
WELDER 51000812 $2,261
Total Highway Division
ASSOC CIV ENGR 51000837 $2,261
BRIDGE MECHANIC 51000840 $2,261
EQUIPMENT SVC TECH 51000856 $2,261
HEAVY EQUIP MECH 51000849 $4,334
PAINTER/MECHANIC 51000855 $565
$117,146
To support resolution "2005 Appropriations and Budget Adjustments for Salary Increase - White Collar, and Blue Collar Employees Page: 6
4/5/2006
900Z 'SI I!AV
Account 2005 Salary Adj.
Human Rights Commission
NYS Unit 8040
FRINGE 58800 $665
PARALEGAL AIDE 51000619 5373
RECEPTIONIST 51000506 5505
SR PARALEGAL AIDE 51000736 $826
Total Human Rights Commission 52,370
Information Technology Services
NYS Unit 1680
FRINGE 58800 52,738
ADMIN COMP ASST 51000731 5826
FIN SYSTEMS ADMIN 51000766 $1,131
NET/SYSTEMS/ADMIN 51000738 51,131
PC TECHANEB DEV 51000784 5929
SYSTEMS ANALST TEC 51000637 $1,870
TELCOM/PRGRMNG ADM 51000739 51,131
NYS Unit 1683
FRINGE 58800 - 5692
c.n
GIS PROJECT LEADER 51000732 51,029
GIS TECH 51000713 $746
Total Information Technology Services $12,225
To support resolution "2005 Appropriations and Budget Adjustments for Salary increase - White Collar, and Blue Collar Employees Page: 7
415/2006
900Z `8I IUdV
Office for the Aging
NYS Unit 6771
NYS Unit 6772
NYS Unit 6774
NYS Unit 6775
NYS Unit 6776
NYS Unit 6777
NYS Unit 6778
NYS Unit 6780
NYS Unit 6781
Account 2005 Salary Adj.
FRINGE 58800 518
AGING SVCS SPECIAL 51000559 $46
FRINGE 58800 $674
AGING SVCS SPECIAL 51000559 $378
OUTREACH WORKER 51000517 $124
PRIN ACCT CLK TYP 51000673 5620
SR ACCT CLK/TYP 51000529 5605
FRINGE 58800 $69
ACCT. CLERK/TYPIST 51000513 $13
DIETITIAN 51000752 5165
FRINGE 58800 537
AGING SVCS SPECIAL 51000559 584
PRIN ACCT CLK TYP 51000673 56
SR ACCT CLK/TYP 51000529 56
FRINGE 58800
ACCT. CLERK/TYPIST 51000513
$21
554
FRINGE 58800 $383
AGING SVCS PLANNER 51000571 $818
AGING SVCS SPECIAL 51000559 $165
FRINGE 58800 5133
AGING SVCS SPECIAL 51000559 $80
OUTREACH WORKER 51000517 $260
FRINGE 58800 5107
ACCT. CLERK/TYPIST 51000513 $258
PRIN ACCT CLK TYP 51000673 516
FRINGE 58800
5188
To support resolution "2005 Appropriations and Budget Adjustments for Salary Increase - White Collar, and Blue Collar Employees Page: 8
4/5/2006
Account 2005 Salary Adj.
Office for the Aging
NYS Unit 6781
AGING SVCS SPECIAL 51000559 $473
SR ACCT CLK/TYP 51000529 $10
NYS Unit 6782
FRINGE 58800 $138
AGING SVCS SPECIAL 51000559 $353
NYS Unit 6787
FRINGE 58800 $227
OUTREACH WORKER 51000517 $493
PRIN ACCT CLK TYP 51000673 $45
SR ACCT CLK/TYP 51000529 $45
NYS Unit 6788
NYS Unit 6790
NYS Unit 6793
NYS Unit 6794
NYS Unit 6795
NYS Unit 6796
NYS Unit 6798
FRINGE 58800 $34
ONCALL 51000 $87
FRINGE 58800
AGING SVCS SPECIAL 51000559
FRINGE 58800
AGING SVCS SPECIAL 51000559
$90
$232
$75
$193
FRINGE 58800 $60
AGING SVCS SPECIAL 51000559 $154
FRINGE 58800 $35
AGING SVCS SPECIAL. 51000559 $90
FRINGE 58800
OUTREACH WORKER 51000517
FRINGE 58800
AGING SVCS SPECIAL 51000559
$142
$364
$41
$106
Total Office for the Aging
$8,817
To support resolution "2005 Appropriations and Budget Adjustments for Salary Increase - White Collar, and Blue Collar Employees Page: 9
4/5/2006
00
Personnel Department
NYS Unit 1346
NYS Unit 1460
Account 2005 Salary Ad].
FRINGE 58800
MAIL CLERK 51000615
FRINGE 58800
SENIOR TYPIST 51000519
$415
$1,064
$233
$597
Total Personnel Department $2,309
Planning Department
NYS Unit 8020
FRINGE 58800 32,389
GIS ANALYST 51000714 $761
PR!N ACCT CLK 7YP 51000673 3785
PR!N PLANNER 51000778 31,029
SECRETARY 51000671 $746
SENIOR PLANNER 51000609 $2,805
Total Planning Department $8,515
To support resolution "2005 Appropriations and Budget Adjustments for Salary Increase • White Collar, and Blue Collar Employees Page: 10
4/5/2006
Account 2005 Salary Adj.
Probation and Community Justice Department
NYS Unit 3140
NYS Unit 3141
NYS Unit 3142
NYS Unit 3160
NYS Unit 3994
FRINGE 58800 $524
PROB ADMIN 51000772 $935
WRK. PRJ. SUPV 51000632 $409
FRINGE 58800 $3,805
ACCT. CLERK/TYPIST 51000513 $106
KEYBD SPEC 51000507 $103
MICROCOMPUTER SPEC 51000638 $162
PROBATION ASSIST. 51000520 $870
SR ACCT CLK/TYP 51000529 $125
SR PROB. OFFICER 51000597 $5,907
TRANS WKFORCE SPEC 51000783 $413
WRK PRJ. SUPV. 51000632 $2,070
FRINGE 58800 $7,017
ACCT. CLERK/TYPIST 51000513 $426
KEYBD SPEC 51000507 $403
MICROCOMPUTER SPEC 51000638 5648
PROBATION ASSIST 51000520 5529
PROBATION OFFICER 51000585 512,097
SR ACCT CLK/rYP 51000529 5495
SR PROB. OFFICER 51000597 $3,394
FRINGE 58800 $1,173
ADMIN SVC COORD 51000754 5850
SECURITY OFFICER 51000650 51,418
SR PROB. OFFICER 51000597 $740
FRINGE
ADMIN SVC COORD
Total Probation and Community Justice Department
58800 $8
51000754 520
P44,647
To support resolution "2005 Appropriations and Budget Adjustments for Salary Increase - White Collar, and Blue Collar Employees Page: 11
4/5/2006
Sheriffs Office - Jail
NYS Unit3150
Account 2005 Salary Adj.
FRINGE 58800 $365
JAIL NURSE 51000707 $935
Total Sheriffs Office - Jail $1,300
To support resolution "2005 Appropriations and Budget Adjustments for Salary Increase - White Collar, and Blue Collar Employees Page: 12
4/5/2006
Social Services, Department of
NYS Unit 6010
Account 2005 Salary Adj.
FRINGE 58800 $47,762
ACCT. CLERK/TYPIST 51000513 $2,128
ACCT. SUPERVISOR 51000592 $990
ADMIN. ASSISTANT 51000535 $2,893
CASE AIDE 51000511 $1;768
CASE SUPERVISOR 51000594 $5,940
CASEWORK ASST 51000750 $1,374
CASEWORKER 51000562 $13,083
CLERK 51000503 $1,441
COORD CHILD SUP EN 51000574 $990
DAT ENT MACH OPER 51000509 $1,064
DIVISION COORDINATOR 51000604 $4,526
FACIL&SECURITY MGR 51000741 $826
FINAN. INVEST. 51000536 $4,810
HOUSING SPECI 51000 $620
KEYBD SPEC 51000507 $7,582
LEGAL UNIT ADMIN 51000708 $990
LONGTERM CARE COOR 51000728 $1,131
MANAGED CARE COORD 51000722 $818
MICROCOMPUTER SPEC 51000638 $1,550
ONCALL 51000 $1,085
PR!N ACCT CLK TYP 51000673 $687
RECEPTIONIST 51000506 $1,516
REG. PROF. NURSE 51000565 $4,909
SECRETARY 51000671 $1,306
SENIOR CLERK 51000518 $560
SENIOR TYPIST 51000519 $589
SOC. WEL. EXAM. 51000538 $22,675
SR ACCT CLK/TYP 51000529 $1,861
SR CASEWORKER 51000581 $15,429
SR DATA ENTRY OPR 51000698 $620
SR FINANCE INVEST 51000658 $761
SR SOC WEL EXAM 51000558 $12,179
To support resolution "2005 Appropriations and Budget Adjustments for Salary Increase - White Collar, and Blue Collar Employees Page: 13
4/512006
Social Services, Department of
NYS Unit 6010
Account 2005 Salary Adj.
STAFF DEV QUAL COR 51000760 $935
SYSTEMS ANALYST 51000719 $935
TRANS SPEC 51000 $589
WELFARE INVEST. 51000567 $687
YOUTH CARE WORKER 51000657 $620
FED DSS ADMIN 44610 ($27,978)
FED FOOD STAMPS 44611 ($11,608)
FED MEDICAL ASSISTANCE 44601 ($14,746)
NYS CHILDCARE 43610 ($16,503)
NYS MEDICAL ASSISTANCE 43602 ($14,746)
Total Social Services, Department of $84,647
Youth Services Department
NYS Unit 7020
FRINGE 58800 $1,736
ADMIN. ASSISTANT 51000535 $826
COORD COMM YOUTH 51000711 $1,636
PROGRAM MGMT SPEC 51000655 $761
YOUTH BUR PLANNER 51000634 $1,227
Total Youth Services Department $6,186
Grand Total
$473,119
To support resolution "2005 Appropriations and Budget Adjustments for Salary Increase - White Collar, and Blue Collar Employees Page: 14
415/2006
May 2, 2006
Regular Meeting
Called to Order
Mr. Joseph called the meeting to order at 5:32 p.m.
Pledge of Allegiance to the Flag and Roll Call of Members
Members and guests participated in the Pledge of Allegiance to the Flag.
Present: 14 Legislators; Excused: 1 (Legislator McBean-Clairborne).
Privilege of the Floor by the Public
Jonathan Miller, Member of the University Neighborhoods Council, read the following letter
from the Council to the Tompkins County Legislature regarding "Requested action to meet challenges
associated with the County's growing deer population" into the record:
"The University Neighborhoods Council, composed of appointed neighborhood association
representatives from Cayuga Heights, Collegetown, Cornell Heights, Ellis Hollow, University Hill and
Varna, plus representatives from Cornell University student groups, departments and administral:ion,
agreed by consensus at its April 25 meeting to urgently request that the Tompkins County Legislature
take immediate action and form a citizen task force or similar group, that can meet as soon as possible to
determine the issues and impacts associated with the county's growing deer population.
"Deer have proven increasingly disconcerting for area property owners, farmers, researchers,
gardeners, motorists and foresters. Simultaneously, human and deer health-related concerns continue to
mount. Deer -vehicle accidents, damage to ornamental plants and gardens in residential areas, crop
damage, and impacts to native plant communities in forests and parks, have become commonplace.
"The University Neighborhoods Council requests that a broad, countywide solutions -oriented
strategy, with opportunities for considerable public input, be developed this spring and summer, with an
emphasis on impact assessment and damage mitigation, including both short -and -long-term solutions.
All viable options for reducing deer impacts should be evaluated.
"Similar communities and counties across the nation have reacted proactively to deer -related
issues. Without a strategy to address these issues, the situation will only get worse. We urge the
Tompkins County Legislature to address this request at its May 2 meeting.
"Thank you for your consideration of this request".
Privilege of the Floor by Legislators
Ms. Robertson, District No. 13 Legislator, responded to Mr. Miller's comments and stated the
Planning, Development, and Environmental Quality Committee will look at this issue. She has been in
contact with one of the experts that was named, as well as Monika Roth of Cooperative Extension, and
this subject will likely be on the Committee's June or July agenda.
Mr. Proto, District No. 7 Legislator, reported that over the past weekend there was a Northeast
sanctioned cycling event with over 500 participants and several hundred supporters that took place in the
Town of Caroline, Richford, and Newark Valley area. The Cornell Cycling Club was involved. He
expressed concern that the Local community was the last to be informed of the event. Fred Bonn of the
Convention and Visitors Bureau said the Chamber of Commerce was made aware of the event
143
May 2, 2006
approximately four weeks ago. Mr. Whicher said this was brought up yesterday at a meeting held
between Cornell and Tompkins County representatives.
Mr. Booth, District No. 3 Legislator, said he agreed with the concerns raised by the University
Neighborhoods Council with regard to the deer population. He said any solution will likely be rnuch
broader than a Countywide solution, will be expensive, and will be a long-term effort. He also said any
effort will need to involve the New York State Department of Environmental Conservation.
Chair's Report
Mr. Joseph displayed a Lucite desk ornament given by NYSAC (New York State Association of
Counties) to participants in the tobacco settlement and commemorating the five-year anniversary of
tobacco securitization.
He reported on the Living Wage Coalition and stated they now have a certification program for
Living Wage employers. He said given Tompkins County's commitment to this, he will be asking that
Tompkins County be certified as a Living Wage Employer.
Ms. Robertson asked if there was any additional information about the document she received
entitled "Video Franchising Alert". Mr. Joseph said he received the document and distributed it to all
Legislators. He has no further information other than what was contained in the Alert.
Report from the County Administrator
Mr. Whicher reported the search process for the position of Deputy County Administrator is
nearing completion. The Search Committee will meet tomorrow at 8:30 a.m. and he anticipates a final
decision will be made near the end of the week. He also reported on the process for filling the position of
Public Information Officer and stated there is now a valid Civil Service List and the top three candidates
will be interviewed.
Report from the County Attorney
Mr. Wood had no report.
Report from the Finance Director
Mr. Squires distributed the 2005 Tompkins County annual Financial report that was filed
electronically last Friday with the New York State Comptroller's Office.
Addition of Resolution(s) to the Agenda
It was MOVED by Ms. Kiefer, seconded by Mr. Booth, and unanimously adopted by voice vote
by members present, to add to the agenda the resolution entitled Support of the Updated and Expanded
Bottle Bill (the "Bigger, Better Bottle Bill") to Include Non -Carbonated Beverages and to Retain the
Unclaimed Deposits to Support Municipal Recycling and Waste Prevention Programs.
Resolution(s) Withdrawn from the Agenda
There were no resolution(s) withdrawn from the agenda.
Approval of Resolution(s) Under the Consent Agenda
144
May 2, 2006
It was MOVED by Mr. Proto, seconded by Ms. Kiefer, and unanimously adopted by voice vote
by members present, to approve the following resolution(s) under the Consent Agenda:
RESOLUTION NO. 66 - APPROVAL OF THE CITY CENTER MEMORANDUM OF
UNDERSTANDING AMONG CITY OF ITHACA, COUNTY OF
TOMPKINS AND TOMPKINS CONSOLIDATED AREA
TRANSIT, INC.
MOVED by Mr. Proto, seconded by Ms. Kiefer, and unanimously adopted by voice vote by
members present under the Consent Agenda.
WHEREAS, the Tompkins County Legislature authorized a capital grant application (Resolution
No. 55 of 2006) to the Federal Transit Administration (FTA) to fund $557,660 of improvements to bus
stops and shelters around the Ithaca Commons in downtown Ithaca (known as the City Center Project),
and
WHEREAS, to protect the Federal government's interest in the project, the FTA requires a
Memorandum of Understanding be executed by the City, County and Tompkins Consolidated Area
Transit, Inc., to complete the County's grant application, and
WHEREAS, a Memorandum of Understanding by and among the named parties that meets FTA
requirements has been drawn up to identify rights and responsibilities with regard to ownership,
maintenance, etc. of the Seneca Street and Cayuga Street bus stop improvements, and
WHEREAS, this Memorandum of Understanding may be amended in the future to include public
transit facilities on other City -owned properties around the Commons, in particular Aurora Street and
Green Street, now therefore be it
RESOLVED, on recommendation of the Planning, Development and Environmental Quality
Committee, That the Tompkins County Legislature authorizes the County Contracts Coordinator to
execute the Memorandum of Understanding with the City of Ithaca and Tompkins Consolidated Area
Transit, Inc., for the City Center Project.
SEQR ACTION: TYPE I1-20
RESOLUTION NO. 67 - FUNDING OF COMMUNITY CELEBRATIONS GRANTS
MOVED by Mr. Proto, seconded by Ms. Kiefer, and unanimously adopted by voice vote by
members present under the Consent Agenda.
WHEREAS, Tompkins County has a grant program for community celebrations using funds
drawn entirely from Room Occupancy Tax, and
WHEREAS, Tompkins County has requested and reviewed grant applications for
recommendation to the Tompkins County Legislature through the Planning, Development and
Environmental Quality Committee with the advice of the Strategic Tourism Planning Board, now
therefore be it
RESOLVED, on recommendation of the Planning, Development and Environmental Quality
Committee, That the following grants are approved:
Town of Newfield 2006 Finnish Heritage Concert $1,200
City of Ithaca 2006 Rock the Arts Celebration 1,000
Town of Lansing 2006 Opening of Lansing Library Art Space 810
City of Ithaca 2006 Kick Off to Summer Children Carnival 900
City of Ithaca 2006 GIAC Community Festival 1,600
Town of Groton 2006 Annual Kids' Halloween Party 400
Town of Groton 2006 Happenin' in the Hamlet Celebration 1,500
City of Ithaca 2006 Latino Heritage Month Celebration 2,000
Town of Danby 2006 Danby Fun Day and Parade 1,988
145
May 2, 2006
Town of Ithaca 2006 Tutelo Park Marker 1,486
Village of Dryden 2006 Dryden Dairy Day 2,000
TOTAL: $14,884
RESOLVED, further, That the County Administrator or designee shall be authorized to sign any
documents related to the aforementioned projects.
SEQR ACTION: TYPE 11-20
RESOLUTION NO. 68 — AUTHORIZATION TO ACCEPT AN AWARD OF A GRANT FOR
TRAINING ON OUTCOME MANAGEMENT — BUDGET
ADJUSTMENT — DEPARTMENT OF ADMINISTRATION
MOVED by Mr. Proto, seconded by Ms. Kiefer, and unanimously adopted by voice vote by
members present under the Consent Agenda.
WHEREAS, the County Administrator has been notified of a grant award in the amount of
$2,700 from a local foundation that requests no publicity for the grant, to provide tuition for training in
Outcome Management sponsored by the Grantsmakers Forum of New York, now therefore be it
RESOLVED, on recommendation of the Government Operations Committee, That the
Department of Administration is authorized to accept the Grant from the local foundation for the purposes
of attending training,
RESOLVED, further, That the Director of Finance shall make the following budget adjustments
for 2006:
REVENUE: A 1230.42770 Other Miscellaneous Revenues $2,700
APPROPRIATION: A1230.54412 Travel/Training $2,700
SEQR ACTION: TYPE 11-20
Approval of Appointment(s) Under the Consent Agenda
It was MOVED by Mr. Proto, seconded by Ms. Kiefer, and unanimously adopted by voice vote
by members present, to approve the following appointment(s) under the Consent Agenda:
Youth Services Board
Jennifer Fisher - Town of Enfield representative; term expires December 31, 2007
Water Resources Council
Dan Konowalow - Agriculture representative; term expires December 31, 2008
Agricultural and Farmland Protection Board
Raul Aguirre - Land Preservation representative; term expires December 31, 2007
Report and Presentation of Resolution from the Public Safety Committee
Mr. Booth, Vice Chair, reported the Committee will meet on May 4th at 3 p.m.
RESOLUTION NO. 69 - BUDGET ADJUSTMENT AND APPROPRIATION OF UNSPENT
GENERAL FUNDS FROM 2005 TO VARIOUS ACCOUNTS —
DEPARTMENT OF EMERGENCY RESPONSE
MOVED by Mr. Booth, seconded by Mr. Hattery. A short roll call vote resulted as follows:
Ayes - 14, Noes - 0, Excused - 1 (Legislator McBean-Clairborne). RESOLUTION ADOPTED.
146
May 2, 2006
WHEREAS, the Department of Emergency Response received an award from the New York
State Expedited Wireless 911 Grant Fund in 2005 to assist the County in achieving ``Phase 2" capability
for the 911 emergency call system, and
WHEREAS, procurement processes for the funded equipment will be completed in 2006, creating
a mismatched grant period and budget year, and
WHEREAS, unspent department appropriations and excess revenues from this grant total
$208,000, now therefore be it
RESOLVED, on recommendation of the Public Safety and the Budget and Capital Committees,
That the following transactions are approved:
FROM: General Fund Balance A599 $208,000
TO: Communications Equipment 3410.52222 $ 52,000
Communications Software 3410.52230 156,000
Total $208,000
SEQR ACTION: TYPE 11-20
Report and Presentation of Resolution(s) from the Planninu, Development and Environmental
Quality Committee
Ms. Robertson, Chair, reported the Committee met on April 20. At that meeting the Committee
heard a report on the Planning Department's Work Plan. The Committee discussed at length the
Affordable Housing Needs Assessment and what some of the next reasonable steps would be. A public
meeting on the Housing Needs Assessment will be held on May 24th. Planning Department staff have
agreed on a number of things to bring forward as next steps, and Mr. Marx, Commissioner of Planning
and Public Works, will be taking these into consideration during the budget process.
The Committee was presented with the Water Resources Council's annual report. Ms. Robertson
said it is an impressive report and said what the group has accomplished is amazing. She announced
public meetings will be held throughout the County on the three natural resources focus areas. Joe
Turcotte, TCAT, Inc. General Manager, provided the Committee with an update on the City Center
project.
Ms. Robertson reported the Strategic Tourism Planning Board brought resolutions for funding
and said there was a great deal of discussion about the capital grant request for the Convention and
Visitors Bureau.
A significant amount of the Committee's time was spent discussing the proposed new sewer
system for Lansing. Ms. Robertson stated six municipalities have been working for seven years on
establishing an extended sewage system that would extend sewage services to a greater part of Lansing.
Town officials feel the cost is too high to go to a public referendum and get support from property owners
so they have been trying to raise funding for the project. Ms. Robertson said it was communicated to the
Committee that they will be requesting $3 million over a ten-year period from the County. She recognized
that this would be a very complex issue; however, given that the lack of infrastructure is a barrier to
affordable housing, the Committee has asked the Lansing group for more information and will be taking
up this issue at a future meeting.
Many concerns were raised by Legislators concerning the anticipated funding request from the
Town of Lansing for the proposed sewer system. Some of the concerns expressed were:
Tompkins County cannot afford to fully fund its own infrastructure costs;
Providing this type of funding sets a precedent, and other municipalities are facing high costs for
infrastructure;
Water and sewer costs are generally paid for by user fees and not general taxes; and
147
May 2, 2006
Assisting communities financially to adhere to the Comprehensive Plan;
Advantages of funding such a request were also expressed, such as:
This could be another way to leverage other needs of the County; and
The County would receive a return on such an important investment.
It was the consensus of the Legislature that while this is a very difficult and controversial item, it
should receive a full review and hearing.
18th.
The next Planning, Development and Environmental Quality Committee meeting will be on May
RESOLUTION NO. 70 - FUNDING OF TOURISM MARKETING AND ADVERTISING
GRANTS
MOVED by Ms. Robertson, seconded by Ms. Herrera. Mr. Sigler disclosed that he is employed
by Park Outdoor Advertising and that firm may be a recipient of some of these funds. It was fell: Mr.
Sigler's disclosure was sufficient and that there was no need for him to abstain from voting on the
resolution.
Mr. Joseph quoted from the Rules of the Legislature, Rule VII - Rules of Voting:
" (2) Every member present when a vote is taken upon any question shall vote unless excused by
unanimous consent of all members present, or unless that member has a direct interest in the result of the
vote". Mr. Joseph said this rule does not state who decides in cases of a conflict of interest whether a
member shall vote and referred this to the Government Operations Committee.
Mr. Randall asked for clarification on the relationship between the Chamber of Commerce
Foundation and the Chamber of Commerce itself.
Ms. McPheeters, Chamber of Commerce President, said the Chamber of Commerce is a 501(c)6
Corporation. They pay property and sales tax and is a business organization and a labor union. The
Chamber Foundation, which is a 501(c)3, was organized approximately 15 years ago for chartable
ventures. The Foundation is a participant in a number of things, including the Waterfront Trail initiative
and the Leadership Tompkins program in cooperation with Tompkins Cortland Community College.
Although there is some overlap, each has a separate board.
Mr. Randall expressed concern over the appearance that this is a side step to apply fro the some
of the Room Tax funds that would not otherwise be able to be applied for through the Chamber.
A voice vote on the resolution resulted as follows: Ayes - 14, Noes - 0, Excused - 1 (Legislator
McBean-Clairborne). RESOLUTION ADOPTED.
WHEREAS, Tompkins County has a grant program for the marketing and advertising of tourist -
generating events using funds drawn entirely from Room Occupancy Tax, and
WHEREAS, Tompkins County has requested and reviewed grant applications for
recommendation to the Tompkins County Legislature through the Planning, Development and
Environmental Quality Committee with the advice of the Strategic Tourism Planning Board, now
therefore be it
RESOLVED, on recommendation of the Planning, Development and Environmental Quality
Committee, That the following grants are approved:
148
Musefest
Community Arts Partnership
Historic Ithaca/State Theatre
Light in Winter
Tompkins County Chamber of
Commerce Foundation
Ithaca Downtown Partnership
Ithaca Festival
May 2, 2006
Musefest 2006 $ 3,500
Greater Ithaca Art Trail Promotion 20065,000
"Matinees with the Moose" Series 2006-071,500
Light in Winter Festival 2007 5,000
Hike and Bike Brochure & Digital Map 2,750
2006 Marketing Campaign 5,000
Web Marketing Campaign 1,500
TOTAL: $ 24,250
RESOLVED, further, That the County Administrator or designee shall be authorized to sign any
documents related to the aforementioned projects.
SEQR ACTION: TYPE 1I-20
RESOLUTION NO. 71 - FUNDING OF TOURISM PROJECT GRANTS
MOVED by Ms. Robertson, seconded by Mr. Sigler. Mr. Sigler asked if any funding requests
were received from outside the City of Ithaca. Mr. Bonn of the Convention and Visitors' Bureau
responded that two requests from groups outside the City were received but were not approved for
funding through this program. Those two entities, however, receive funding through other programs. A
voice vote resulted as follows: Ayes - 14, Noes - 0, Excused - 1 (Legislator McBean-Clairborne).
RESOLUTION ADOPTED.
WHEREAS, Tompkins County has a grant program for supporting tourist -generating projects
using funds drawn entirely from Room Occupancy Tax, and
WHEREAS, Tompkins County has requested and reviewed grant applications for
recommendation to the Tompkins County Legislature through the Planning, Development and
Environmental Quality Committee with the advice of the Strategic Tourism Planning Board, now
therefore be it
RESOLVED, on recommendation of the Planning, Development and Environmental Quality
Committee, That the following grants are approved:
Light in Winter
Tompkins County Chamber of
Commerce Foundation
Hangar Theatre
Social Ventures (Temuchin Skate
Fund)
Historic Ithaca/State Theatre
Ithaca Downtown Partnership
Light in Winter Festival 2007 . $ 15,388
Waterfront Trail Panels 4,000
Art, Aviation, and Architecture Exhibit 2,200
Renovation of the Ithaca Skate Park 10,000
Red Hot Bluegrass Concert Series 20,000
Downtown Ithaca's Holiday Parade of Ice 9,480
TOTAL $ 61,068
RESOLVED, further, That the County Administrator or designee shall be authorized to sign any
documents related to the aforementioned projects.
SEQR ACTION: TYPE 11-20
RESOLUTION NO. 72 - AWARD OF TOURISM CAPITAL GRANTS FROM ROOM
OCCUPANCY TAX FUND (RESOLUTION LOST)
149
May 2, 2006
MOVED by Ms. Robertson, seconded by Ms. Herrera. Mr. Randall said he does not feel this is
an appropriate way to use capital grant funds. Ms. Kiefer said she cannot support this resolution because
she does not feel this money is intended for this type of usage and that the guidelines are clear that these
funds are intended for major visitor generating projects. Although she would use a tourism bureau when
she arrived at a destination, she would not travel somewhere just for the purpose of visiting the tourism
bureau.
Ms. Robertson said the Strategic Tourism Planning Board struggled with this proposal and she
can understand both sides of the discussion. Although it is not a primary destination she believes an
attractive visitor center can have staff that can encourage visitors to stay longer than they had planned or
return to the area, which would result in additional bed nights. Ms. Robertson said she is convinced this
is worthwhile because it will not place constraints on the capital side of the budget.
Scott Wiggins, former Chair of the Strategic Tourism Planning Board and current member, said
regardless of whether there is support for this proposal it will come out of the Room Tax funds from
either the three percent increased rent from the Convention and Visitors Bureau which reduces the
marketing budget or it will come out of the capital grants fund. Mr. Wiggins said there was discussion at
the Planning, Development and Environmental Quality Committee about this being a different type of
grant because it is not necessarily visitor generating. However, Mr. Wiggins said they do believe that
with the scenic byways in place and the great job that is done at the Visitors Office that people who are
just passing through may end up staying. He also said there has been a 25% increase in room inventory
in the County over the last two years and rooms are continuing to be added. He stated they need every
dollar to be used from the marketing standpoint to drive more demand. The Capital Grants program has a
significant amount of funds and this will not be a hardship on that program.
Mr. Proto asked how much of the room tax goes to the Convention and Visitor's Bureau/Chamber
of Commerce. Ms. McPheeters responded $650,000 most of this goes towards marketing and the salaries
of staff, and usage of the building. He feels this is an inappropriate investment because the county does
not have any equity interest in this building. He said he would prefer to see an increase in building rent.
Mr. Sigler asked Ms. McPheeters to comment on the statement that the Convention and Visitors
Bureau is not a primary tourist destination. She said she, too, was not certain if this grant request was
appropriate, although she agreed with Mr. Wiggin's comments.
It was MOVED by Mr. Shinagawa, seconded by Mr. Sigler, to call the question. A voice vote on
the motion to Call the Question resulted as follows: Ayes - 13, Noes - 1 (Legislator Joseph), Excused - 1
(Legislator McBean-Clairborne). MOTION CARRIED.
A voice vote on the resolution resulted as follows: Ayes 7 (Legislators Booth, Dennis, Herrera,
Robertson, Shinagawa, Sigler, and Stevenson); Noes - 7 (Legislators Hattery, Joseph, Kiefer, Koplinka-
Loehr, Proto, and Mackesey, and Randall); Excused - 1 (Legislator McBean-Clairborne). RESOLUTION
FAILED.
WHEREAS, the County has entered into an agreement with Tompkins County Area
Development (TCAD) to administer the Tourism Capital Grants Process, which included designing the
application process, reviewing and analyzing the feasibility and economic impact of tourism projects, and
providing oversight for tourism projects, and
WHEREAS, funding exists within the Room Tax Occupancy budget for Tourism Capital Grants,
and
WHEREAS, TCAD reviewed the following project with the Strategic Tourism Planning Board
(STPC), 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
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May 2, 2006
County and increase the income from the Room Occupancy tax, and the grant award have been reviewed
and recommended by the STPB, now therefore be it
RESOLVED, on recommendation of the Planning, Development and Environmental Quality
Committee, That the County Administrator or his designee is authorized to sign all documents related to
the project:
Entity
Project
2006
Allocation
2007-2010
Allocation
Total
Allocation
Chamber of
Commerce
Qrc(li VTCUv
Expansion of Convention and
Visitors Bureau building
F....al__.. mi .
$15,000
$15,000/yr
$75,000
, multi, , or the total program amount of $1,500 annually (10 percent of
program expenditures) shall be paid to TCAD for administrative evaluation and oversight services.
SEQR ACTION: TYPE I1-20
Report and Presentation of Resolution(s) from the Health and Human Services Committee
Mr. Proto, Chair, reported the Committee will meet tomorrow. One of the topics that will be
discussed is whether to consider the issue of the Bolton Point water fee. The Committee will also be
discussing the Children with Special Care Needs budget. He referred to the February 27, 2006 Budget
and Capital Committee minutes which contained a summary of discussion that took place regarding that
meeting and encouraged Legislators to review the information. Mr. Proto reminded the Legislature that
all members are invited to a presentation on May 16 from 3 p.m. to 5 p.m. in the Scott Heyman
Conference Room by Patricia Carey, Department of Social Services Commissioner, on the Medicaid
Program and how it relates to the County's budget constraints.
N
s
f
RESOLUTION NO. 73 — AUTHORIZATION TO INCREASE HOURS AND APPROPRIATIO
FROM CONTINGENT FUND — HEALTH DEPARTMENT
MOVED by Mr. Proto, seconded by Ms. Kiefer. A short roll call vote resulted as follows: Aye
- 14, Noes - 0, Excused - 1 (Legislator McBean-Clairborne). RESOLUTION ADOPTED.
WHEREAS, the WIC Program record review is projected to be completed by May 27, 2006, and
WHEREAS, additional staff hours are required to complete this review, including the Director o
Patient Services (5 hours/week), one Community Health Nurse (20 hours/week) and one Health Aide (7
hours/week), and
WHEREAS, funds were not budgeted to complete this record review and are requested from the
contingent fund, now therefore be it
RESOLVED, on recommendation of the Health and Human Services and the Budget and Capital
Committees, That the standard workweek of the Director of Patient Services (88-230), shall be
temporarily increased from 35 hours to 40 hours per week, effective April 30, 2006,
RESOLVED, further, That the temporary increase in the authorized workweek will sunset on
May 27, 2006,
RESOLVED, further, That the Director of Finance is hereby authorized and directed to make the
following budget appropriation:
FROM: A1990.54440
TO: A4016.51000230
A4016.51000580
A4016.51000654
A4016.58800
SEQR ACTION: TYPE 11-20
Contingent Fund
Director of Patient Services
Community Health Nurse
Health Aide
Fringes
151
$4,684
$ 692
2,082
596
1,314
May 2, 2006
Report from the Facilities and Infrastructure Committee
Mr. Randall, Chair, reported the Committee met on April 25 and heard concerns raised by Don
Barber, Town of Caroline Supervisor, with regard to the Boiceville Road Bridge. The Committee was
informed that Tony Rudy, Assistant Airport Manager, has completed his requirements to become a
Nationally Certified Airport Executive. There are only four individuals in the State of New York with
this certification, of which now two are employed by the Ithaca -Tompkins Regional Airport. The 20 -year
Capital Plan was discussed at length; the Committee by a 3-2 vote endorsed the following order of
priorities: Public Health Department, Public Safety Building, and the Center of Government Building.
Mr. Randall reported Tompkins County will be participating in the Nike Sneaker Recycling Plan in
conjunction with Cornell University, Ithaca College, and Herkimer County. He announced the
Tompkins County Household Hazardous Waste Collection Day will be held on May 20th. The next
meeting will be May 23rd. The Committee has decided to meet only one time per month unless a need
arises for a second meeting.
Report from the Personnel Committee
Mr. Dennis, Chair, reported the Committee will meet on May 10th. At that meeting the
Committee will discuss the County Clerk and Sheriff salary schedule. He reported discussion on the
health insurance plan is moving ahead and will continue at the next meeting.
Report from the Government Operations Committee
Ms. Herrera, Chair, reported the Committee met on April 19 and discussed several issues
including an article brought forward by Legislator Kiefer with regard to an increase in the value of timber
which has resulted in assessment increases. The Committee also discussed public access to records and
the legislative bill that in the State Legislature at the present time that suggests all public information be
made available on the internet. The Committee received a report from the Finance Director on properties
scheduled for sale at that foreclosure auction. Ms. Herrera reported some department heads have agreed
to serve on a Committee with Mr. Potter, Director of Information Technology Services, to look at the
County's Communication Policy and enforcement and report back to the Committee. She stated that she
will be asking for a report on the Help America Vote Act from the Elections Department as there has been
action at the State level on this subject. The Committee discussed and approved the Diversity Policy and
forwarded it to the Personnel Committee.
Ms. Herrera said she has been meeting with staff and has distributed a memo on the advisory
board process that identifies three major issues: shall Government Operations prepare and recommend
changes to the County charter to clarify the role of Legislators who serve in voting seats on advisory
boards, shall Government Operations prepare and recommend changes to the County charter that clarify
the role of the Legislature in the appointment process, detailing a consistent procedure for advisory board
nominations, recommendations, and voting on appointments, what ethics issues, if any, arise when a
Legislator serves on an advisory board as chair, in a non-voting seat, in a seat not specifically designated
as a legislative seat, or as liaison to the Legislature? Ms. Herrera said most of the other issues that were
originally suggested would require a thorough and comprehensive review, which would have a cost
associated with staffing.
The next meeting will be May 17th at the History Center.
Report from the Budget and Capital Committee
Mr. Koplinka-Loehr, Chair, reported the Committee met on April 24 and discussed the financial
goals resolution that was forwarded to the Legislature's budget retreat. The Legislature will take action
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May 2. 2006
on that resolution at the May 16th meeting. He encouraged all Legislators to complete the survey
regarding the Public Information Program.
Report from the Strategic Planning Committee
Mr. Koplinka-Loehr, Chair, reported a resolution will be placed on the May 16th Legislature
agenda that will be a charge from the Legislature to a management team to assist with the next phase of
strategic planning to look at focus areas identified in May, 2005 and move to the next step.
Report from the Workforce Diversity and Inclusion Committee
There was no report from this Committee.
Member -Filed Resolution
RESOLUTION NO. 74 - SUPPORT OF THE UPDATED AND EXPANDED BOTTLE BILL (THE
"BIGGER, BETTER BOTTLE BILL") TO INCLUDE NON-
CARBONATED BEVERAGES AND TO RETAIN THE UNCLAIMED
DEPOSITS TO SUPPORT MUNICIPAL RECYCLING AND WASTE
PREVENTION PROGRAMS
MOVED by Ms. Kiefer, seconded by Mr. Booth. A voice vote resulted as follows: Ayes - 13,
Noes - 1 (Legislator Stevenson), Excused - 1 (Legislator McBean-Clairborne). RESOLUTION
ADOPTED.
WHEREAS, the Returnable Container Act of 1982, commonly referred to as the "Bottle Bill,"
has been one of the most effective State laws to increase recycling rates and reduce curbside litter, and
WHEREAS, that law requires a minimum 5 -cent refundable deposit on carbonated soft drinks,
beer, malt beverages, sparkling water, and wine coolers, thereby creating an economic incentive for the
collection and return of these beverage containers, and
WHEREAS, that law has resulted in an average return rate of 75% over its first twenty years,
totaling over 75 billion bottles and cans, virtually all of which have been recycled, and
WHEREAS, that law has diverted more than 5.2 million tons from the waste stream, saving
municipalities money in solid waste collection and disposal costs, and
WHEREAS, that law has reduced litter by 30%, which has resulted in safer and more attractive
streets, parks, playgrounds, beaches, and roadsides and has prevented injuries and property damage from
broken glass, and
WHEREAS, since the law was enacted, non -carbonated beverages such as bottled water, juices,
teas, and sports drinks have been introduced into the consumer stream and their containers have been
introduced into the waste stream, and
WHEREAS, these new products now make up more than 20% of the beverage containers sold in
New York and it is time to update the Bottle Bill to include these new products, and
WHEREAS, separate litter surveys conducted by the American Littoral Society and Scenic
Hudson in 2002 show that non -carbonated beverages make up 62% of the beverage container litter in
New York parks and on New York beaches, and
WHEREAS, expanding the Bottle Bill to include these containers would divert an additional 2.5
billion bottles and cans each year from the waste stream, reducing litter and easing the burden on
municipal solid waste programs, and
WHEREAS, the New York State Department of Environmental Conservation (NYDEC)
estimates that $85-137 million annually is generated from unclaimed deposits under the existing deposit
law system and not returned to the people of New York State for environmental purposes, and
WHEREAS, under the existing law the bottlers and distributors who initiate the deposit collection
system enjoy a five cent windfall for each container that is not returned; in contrast, under the proposed
153
May 2, 2006
law, they would be required to submit the unclaimed deposits quarterly to the Department of Taxation and
Finance to be deposited in the Environmental Protection Fund, while their '`handling fee" would be
increased from two cents up to three and one-half cents per container, and
WHEREAS, Senate bill S.1290D and Assembly bill A.2517D would expand the Bottle Bill to
include bottled water, tea, juice and sports drinks, and would require that unredeemed deposits be credited
to the State Environmental Protection Fund and be distributed regionally, by DEC region, in proportion to
the amount that came in from each region, and
WHEREAS, the Container Recycling Institute estimates that this proposed legislation could
generate more than $175 million a year in new revenue for New York State, now therefore be it
RESOLVED, That the Tompkins County Legislature urges passage of State legislation, S.1290D
and A.2517D, which would expand and update the Bottle Bill to include additional beverages; support
increased recycling; curb litter; reduce costs for municipalities; allow State assistance grants toward the
costs of reverse vending machines and establishment of additional redemption centers; and provide a
steady stream of funding for the Environmental Protection Fund,
RESOLVED, further, That the Tompkins County Legislature also supports an increase inthe
deposit amount from five cents to ten cents per item.
SEQR ACTION: TYPE I1-20
Adjournment
On motion the meeting adjourned at 7:21 p.m.
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May 16, 2006
Regular Meeting
Called to Order
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: 14 Legislators. Excused: 1 (Legislator Robertson).
Presentation of Proclamation(s)
Chair Joseph presented the following proclamations:
Mental Health Awareness Month in Tompkins County - May, 2006, to David Buckley of the
Mental Health Association;
Tompkins Community Action Month in Tompkins County May, 2006, to Lee Dillon, Executive
Director, Tompkins Community Action; and
Older Americans Month in Tompkins County - May, 2006
Privilege of the Floor by the Public
Allen Lambert, City of Ithaca, spoke regarding the rules used by the Assessment Department in
cases of small apartments and other small commercial businesses. He said he owns a small four -unit
apartment complex which experienced a significant increase in assessment and feels the reasons for the
determination made by the Department were unfair and will eventually lead to property owners not being
able to afford properties in Tompkins County.
record:
Beverly Livesay, Town of Ithaca resident, read and submitted the following statement for the
"Good evening. My name is Beverly Livesay. I am speaking to you on behalf of the League of
Women Voters Committee studying the unmet needs of young children living in poverty in Tompkins
County in support of the resolution authorizing the application for the JARC grant.
"Among our more alarming findings are that 17% of children under 5 live in families that are
below the poverty level, and that in a service -rich County there are many children whose needs are not
being met. Some of the barriers we encountered are waiting lists for services, and inadequate access to
transportation to health care, parents' jobs, childcare and food resources.
"Our study is ongoing and we will doubtless be back to you again as we seek your actions to help
ensure that all children in Tompkins County get the start in life that will help them to achieve their full
potential. In the immediate future, the opportunities presented by this grant to help with some of the
transportation needs are timely and should not be missed."
Presentation of Distinguished Youth Award
Mr. Proto, District No. 7 Legislator, presented Thomas Schwartz of Danby, with the
Distinguished Youth Award for May 2006. Thomas was given this award in recognition of his service as
a volunteer member of the Danby Volunteer Fire Company. Thomas joined the Volunteer Fire Company
as a Junior Firefighter in December of 2004 and has since been on the scene at fire and rescue calls.
155
May 16, 2006
During his volunteer work with Danby Volunteer Fire Company, he completed extensive Fire Course and
Medical training. After his 18th birthday, Thomas moved up to adult firefighter status. He received the
Rookie of the Year award at Danby Volunteer Fire Company's Recognition Dinner held April 6, 2006.
Privilege of the Floor by Legislators
Ms. Mackesey, District No. 1 Legislator, reported she attended a luncheon on May 6 to recognize
volunteers for the Food Bank of the Southern Tier. She found the many years of service represented by
those volunteers to be impressive. She expressed gratification that volunteerism is alive and well in
Tompkins County.
Mrs. McBean-Clairborne, District No. 2 Legislator, said it is great to see young people helping to
play a key role in volunteering. She also thanked everyone for their support while she has been on
maternity leave and said her daughter, Indira Martine Clairborne, is two months old and doing very well.
She said she is able to be in attendance this evening because of the many people who have given her the
opportunity to rest during the day.
Mr. Koplinka-Loehr, District No. 11 Legislator, announced the Tompkins County Diversity
Consortium will be sponsoring a Community Diversity Roundtable that will take place on June 1st and
encouraged others to attend. The registration fee is $20.
Mr. Proto, District No. 7 Legislator, said he is having distributed to Legislators a copy of the
Cayuga Lake Watershed Network's "Smart Steps for Clean Water". He called attention to the NYSEG's
proposed utility rate change on electric utilities and said it now appears Elliot Spitzer is taking NYSEG's
side against the Public Service Commission. He said they are currently under a six to nine year contract
period with whomever they are buying electricity from and are proposing changing that to a year -to --year
arrangement.
Mr. Proto also announced that Memorial Day festivities include the Dryden Parade and the
ceremony at Dewitt Park Monument. He said participation is appreciated.
Ms. Herrera, District No. 5 Legislator, reminded the public that today is school election day and
encouraged everyone to vote. She also announced the Ithaca Festival will begin on June 1st.
Report from the Finance Director
Mr. Squires reported the sale of seven foreclosure properties will take place this evening at the
Human Services Building. He also said he will be bringing a recommendation for bond counsel forward
at a future Legislature meeting.
Approval of Resolution(s) Under the Consent Agenda
It was MOVED by Ms. Mackesey, seconded by Ms. Kiefer, and unanimously adopted by voice
vote by members present, to approve the following resolution(s) under the Consent Agenda:
RESOLUTION NO. 75 - BUDGET TRANSFER — OFFICE FOR THE AGING
MOVED by Ms. Mackesey, seconded by Ms. Kiefer, and unanimously adopted by voice vote by
members present under the Consent Agenda.
WHEREAS, transfers from personnel lines require Legislative approval, now therefore be it
RESOLVED, on recommendation of the Health and Human Services Committee, That the
Director of Finance be directed to make the following budget transfer on his books:
156
May 16, 2006
Office for the Aging
Revenue Acct Title Amt Approp Acct Title
6772.51000529 Salary $1,400 6777.54491 Subcontract
6772.51000559 Salary $4,156 6777.54491 Subcontract
Explanation: Restoration of funding for Foodnet to correct error made in budget.
SEQR ACTION: TYPE I1-20
Appointment(s) Approved Under the Consent Agenda
It was MOVED by Ms. Mackesey, seconded by Ms. Kiefer, and unanimously adopted by voice
vote by members present, to approve the following appointment(s) under the Consent Agenda:
Community Mental Health Services Board
Harmony Ayers -Friedlander - Term expires December 31, 2006
Advisory Board on Indigent Representation
Diane V. Bruns - term expires December 31, 2007
Environmental Management Council
Stanley T. Marcus - Town of Dryden representative; term expires December 31, 2007
Presentation of Resolution(s) from the Planning, Development, and Environmental Quality
Committee
RESOLUTION NO. 76 - AUTHORIZING AN APPLICATION FOR 2006 FEDERAL JOB
ACCESS AND REVERSE COMMUTE GRANT (JARC) —
TOMPKINS CONSOLIDATED AREA TRANSIT AND TOMPKINS
COUNTY DEPARTMENT OF SOCIAL SERVICES
MOVED by Ms. Herrera, seconded by Mr. Proto. Ms. Herrera spoke in support of this program.
Ms. Carey, Commissioner of Social Services, said this is a new way of looking at this funding. Three
years ago the same grant was received; however, at that time the funding was used to look at increased
and fixed -route issues. This time they are looking at splitting the money in half with half going to TCAT
to address some of the route issues and the other half going to DSS to focus on specific issues regarding
low-income individuals living in the community who are having transportation needs related to
employment. A voice vote resulted as follows: Ayes - 14, Noes - 0, Excused - 1 (Legislator Robertson).
RESOLUTION ADOPTED.
WHEREAS, the Federal Transit Administration Section 5316, Job Access and Reverse Commute
Program (JARC) has two goals: to provide transportation services to low and moderate income
individuals to access employment opportunities, and to encourage coordinated transportation planning
and service delivery between transportation agencies, human service and social service agencies,
metropolitan planning agencies, states, employers and affected communities and individuals, and
WHEREAS, Tompkins County was appropriated $544,963 in JARC funds by Congress in the
Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) of
2005 (CFR Vol. 70, No. 229, November 30, 2005), and
WHEREAS, Tompkins County proposes to use these JARC funds as follows:
For Tompkins Consolidated Area Transit - $297,201 for public transit service expansion targeted
to underserved employment centers, a guaranteed ride program for TCAT pass users and marketing for
the JARC Program, during the period of July 2006 to June 2009,
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May 16, 2006
For the County Department of Social Services - $247,762 for a travel broker, night taxi service,
subscription van, flexible services, car -share and public information, during the period of July 2006 to
June 2009,
WHEREAS, these uses of JARC funds implements service priorities identified in JARC Program
Plans of 2000 and 2002 (County Resolution No. 129 of 2002), as revised in 2006, now therefore be it
RESOLVED, on recommendation of the Health and Human Services and the Planning,
Development, and Environmental Quality Committees, That the Tompkins County Legislature authorizes
the application of $544,963 in Job Access and Reverse Commute funds to the Federal Transit
Administration,
RESOLVED, further, That the Tompkins County Administrator or his designee is authorized to
sign the application for the County and:
Any and all Agreements between Tompkins County, the Federal Transit Administration and Tompkins
Consolidated Area Transit for the above named project;
Any and all agreements between Tompkins County and any third party contractor necessary to complete
the project, if applicable,
RESOLVED, further, That upon receipt of the grant, the appropriate Committee of the
Legislature will receive regular updates over the grant's three-year period.
SEQR ACTION: TYPE 1I-20
Presentation of Resolution(s) from the Health and Human Services Committee
RESOLUTION NO. 77 - SUPPORT OF PANDEMIC FLU PLANNING EFFORTS — HEALTH
DEPARTMENT
MOVED by Mr. Proto, seconded by Mr. Booth. Mr. Proto stated in the Health and Human
Services Committee, Legislator Robertson voted against this resolution because she was concerned that it
would be viewed as giving the Health Department an early lead in the budget process but it really doesn't.
A voice vote resulted as follows: Ayes - 14, Noes - 0, Excused - 1 (Legislator Robertson).
RESOLUTION ADOPTED.
WHEREAS, Pandemic Influenza could cause serious illness and result in disruption of social and
business activity in Tompkins County, and
WHEREAS, the effects of a pandemic could be less severe if appropriate preparations are in
place prior to a pandemic, and
WHEREAS, in addition to the Health Department, other agencies and the general public will be
asked to participate in planning for, coordinating responses to, and sharing resources to deal with a
pandemic, now therefore be it
RESOLVED, on recommendation of the Health and Human Services and the Public Safety
Committees, That the Health and Human Services Committee, the Public Safety Committee, and the
Tompkins County Legislature consider preparedness for pandemic flu and other health emergencies to be
a high priority and pledge support of the efforts of the Tompkins County Health Department in
coordinating the planning for Pandemic Influenza for the protection of the residents of Tompkins County.
SEQR ACTION: TYPE 1I-20
Presentation and Withdrawal of Resolution(s) from the Personnel Committee
RESOLUTION NO. - AMENDMENT OF TOMPKINS COUNTY DIVERSITY STATEMENT
MOVED by Mr. Dennis, seconded by Mrs. McBean-Clairborne. Mr. Proto said most of what is
in this resolution is already contained in the Community Affirmative Action Plan; that Plan also includes
the establishment of the Community Affirmative Action Committee. He said that Committee does not
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May 16, 2006
have any appointed members at the present time and the last time it had a full complement of members
was 1999. He said there is a lot of redundancy to what is already on the books. Mr. Proto stated itis not
his intention to take away from the work of the Workforce Diversity and Inclusion Committee; however,
he believes this Legislature should be updating the Community Affirmative Action Plan. When he
asked Shawn Martel Moore, Director of Human Rights, if the Plan was broken, she responded that it was
not. He said he cannot support this resolution because he feels what is already on the County's books
should be implemented appropriately.
It was MOVED by Mr. Booth, seconded by Ms. Kiefer, to amend Section IV. EXPECTATIONS:
No. 11, to read: "The Commissioner of Personnel will continue to track the interviewing, hiring, transfer,
promotion, and discharge of all personnel in order to encourage the achievement and maintenance of
diversity within the Tompkins County workforce".
Mrs. McBean-Clairborne said she had a couple of changes she would like made to the resolution
and requested permission to have the resolution withdrawn. Chair Joseph granted permission for the
motions to be withdrawn and the resolution will be brought back to a future Legislature meeting.
RESOLUTION WITHDRAWN.
Report from the Workforce Diversity Committee
Ms. Martel -Moore, who has been chairing the Committee in Mrs. McBean-Clairborne's absence,
said the group will welcome any suggested changes to the previous resolution. She reported the
Committee is proceeding ahead with a marketing plan and is in the process of developing a logo. She
said a draft of the overall Diversity Plan will be presented to the full Committee in June.
Chair's Report
Mr. Joseph reported the State Comptroller issued an audit report today on the Industrial
Development Agency.
Mr. Joseph reported the Planning, Development and Environmental Quality Committee is
meeting Thursday and is short two members; he requested volunteers for temporary appointment to this
Committee. Ms. Mackesey said she would be willing to serve on a temporary basis.
Mr. Proto said three members in attendance constitute a quorum. Mr. Joseph responded that a
few weeks ago he announced that several committees had experienced a shortage in members and were
left with actions being unable to proceed forward. He notified Legislators that he intends to fill
committees whenever there are absences and he has the opportunity to make a temporary appointment.
Mr. Proto challenged the ruling of the Chair as to the appointment of temporary members to a
standing committee when there is quorum in order for items to not be blocked from moving forward.
Ms. Herrera noted that Mr. Joseph asked for volunteers which she feels is random and impartial.
Mr. Hattery read the following Rule XIII from the Rules of the Legislature: "The Chair of the
Legislature may make temporary appointments to fill vacancies on any committee caused by the absence
of any of its members whenever a necessity exists for such appointment or appointments, but this should
be the exception rather than the rule." Mr. Hattery said the question lies in the interpretation of the word
"necessity".
Mr. Joseph said it is the ruling of the Chair to appoint members whenever there are not five
Committee members present. It was MOVED by Mr. Proto to object to this ruling based on the reading
of the Rule of the Legislature, which indicates it needs to be a necessity to make this ruling. He said he
159
May 16, 2006
does not believe a necessity is apparent when there are three members of a standing committee in
attendance. The motion was SECONDED by Mr. Hattery.
A voice vote overruling the ruling of the Chair resulted as follows: Ayes - 5 (Legislators Hattery,
Kiefer, Proto, Randall, and Sigler); Noes - 7 (Legislators Booth, Dennis, Herrera, Koplinka-Loehr,
Mackesey, McBean-Clairborne, and Shinagawa); Excused from Voting - 1 (Chair Joseph); Excused - 1
(Legislator Robertson). MOTION FAILED; the ruling of the Chair was upheld.
Ms. Kiefer said until very recently the appointment of members to fill standing committees has
been the exception rather than the rule. She said she serves on Committees that experienced items not
moving forward because of a lack of members in attendance; however, the problem she sees with
appointing temporary members to standing committees is the lack of background information the person
would have about a particular issue being discussed. She believes this is why the Rule states that these
appointments should be the exception rather than the rule and encouraged Mr. Joseph to return to making
these appointments in that way.
Mr. Joseph said he decided action was needed because a couple of members of this Legislature
were on extended leaves and it was making committees not function adequately. He would like to
discontinue making these appointments when those Legislators return to attending meetings on a regular
basis.
Mr. Joseph announced he received an invitation to participate in Schuyler County's Annual
Cardboard Boat Regatta on June 17th and asked for anyone who is interested to contact him.
Report from the County Administrator
Mr. Whicher reported on the Communications Capital Project and said the project has received
final approval from the Town of Ithaca on the South Hill site. He said most issues with the towns have
been resolved and he is very optimistic all of the concerns have been addressed. He noted this is a major
step forward for the project. In response to a question he explained he used the term "approval" because
stated Ithaca College is the actual applicant for the South Hill site and the County is not applying to the
Town of Ithaca; therefore, that terminology will not be used in the future.
Mr. Whicher requested an executive session to discuss negotiations later in the meeting.
Report from the County Attorney
Ms. Hertzberg, Assistant County Attorney, had no report.
Report from the Facilities and Infrastructure Committee
Mr. Randall, Chair, had no report. The Committee will meet on May 24th at 3 p.m.
Addition of Resolution(s) to the Agenda
It was MOVED by Mr. Dennis, seconded by Ms. Herrera, and unanimously adopted by voice
vote by members present, to approve the addition to the agenda of the resolution entitled Ratification of
Bargaining Agreement - Correction Officer Local 2062 Union. (This resolution was withdrawn following
executive session).
Withdrawal of Resolution(s) from the Agenda
The following resolution(s) were withdrawn during the meeting:
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May 16, 2006
Amendment of Tompkins County Diversity Statement
Resolution to Abolish Administrative Policy 03-04 - Emergency Fringe Pool
Ratification of Bargaining Agreement - Correction Officer Local 2062 Union
Report from the Planning, Development and Environmental Quality Committee
Ms. Herrera, Vice Chair, reported the Committee met prior to this Legislature meeting. The next
meeting will be May 18th at 3 p.m.
Presentation of Resolution(s) from the Personnel Committee
RESOLUTION NO. — RESOLUTION TO ABOLISH ADMINISTRATIVE POLICY 03-04 -
EMERGENCY FRINGE POOL
MOVED by Mr. Dennis, seconded by Mr. Proto. Ms. Herrera said it is her understanding that
some employees are under the impression that long-term disability plans have not been negotiated into all
agreements and that some employees feel that the existing safety -net could be fixed.
Mr. Randall said he cannot support this resolution and many of his views about this come from
personal experience. He said having such a plan in place can make a difference for some people to
survive through a difficult time as well as being a way for co-workers to help someone in need.
Mr. Dennis said he spoke with the Personnel Commissioner about this today. The program has
been in a state of limbo for approximately six months and asked Mr. Whicher to comment. Mr. Whicher
said a concern was brought to him by the Personnel Commissioner regarding problematic funding issues
of the program. He said after looking at this with the Finance Director and the Personnel Commissioner it
was concluded that because each of the bargaining units, with one exception, have a disability plan in
place, that the program should be discontinued. The bargaining unit that does not have a disability plan
was offered that option, however, it chose to stay with a sick -day plan.
Mr. Joseph suggested that this resolution be withdrawn and that the Committee discuss it again.
Ms. Kiefer said she does not feel taking this back to Committee will change the conclusion; however, a
month ago the Personnel Commissioner was asked to come back with options for employees who want to
help co-workers do so and that information has not yet been received.
Ms. Kiefer offered the following friendly amendment: "RESOLVED, further, That the Personnel
Commissioner is hereby requested to develop options for a new program formalizing how County
employees may help a fellow employee in a time of severe need." Mr. Dennis did not accept this as a
friendly amendment and said he would prefer this resolution be withdrawn and taken back to the
Personnel Committee. Chair Joseph granted permission to Mr. Dennis to withdraw the resolution from
the agenda. RESOLUTION WITHDRAWN.
RESOLUTION NO. - ESTABLISHING ANNUAL SALARY FOR THE POSITION OF
COUNTY CLERK FOR THE YEARS 2007, 2008, 2009, AND 2010
MOVED by Mr. Proto, seconded by Mr. Stevenson, to approve the following resolution:
WHEREAS, State law requires this Board to establish salaries for the position of County Clerk,
and County Administrative Manual Policy 04-06 states that this action occur prior to the time when
candidate petitions may lawfully be passed, and the County Attorney has advised that it is sufficient to
establish such salaries prior to the start of the term of office, consistent with State Law, and
WHEREAS, the salary for the position of County Clerk for the years 2003-2006 was hereby
established based on inflation as represented by the average of three most recent full years Federal CPI,
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May 16, 2006
namely a 2.77 percent annual increase, plus an extra $500 to be added to the annual base salary, for each
year, resulting in 2006 salary as follows:
County Clerk - $61,203
, now therefore be it
RESOLVED, on recommendation of the Personnel Committee, That the salary for the position of
County Clerk for the years 2007-2010 is hereby established as reflected in the chart below:
COUNTY CLERK
2006: $ 61,203
2007: $ 63,957
2008: $ 65,876
2009: $ 67,852
2010: $ 69,888
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% Change
0.0%
4.5%
3.0%
3.0%
3.0%
It was MOVED by Mr. Dennis, seconded by Mr. Booth, to SUBSTITUTE the above resolution
with the following resolution with a goal of attaining financial equity in this position and the Sheriffs
position:
RESOLUTION NO. - ESTABLISHING ANNUAL SALARY FOR THE POSITION OF
COUNTY CLERK FOR THE YEARS 2007, 2008, 2009, AND 2010
WHEREAS, State law requires this Board to establish salaries for the position of County Clerk,
and County Administrative Manual Policy 04-06 states that this action occur prior to the time when
candidate petitions may lawfully be passed, and the County Attorney has advised that it is sufficient to
establish such salaries prior to the start of the term of office, consistent with State Law, and
WHEREAS, the salary for the position of County Clerk for the years 2003-2006 was hereby
established based on inflation as represented by the average of three most recent full years Federal CPI,
namely a 2.77 percent annual increase, plus an extra $500 to be added to the annual base salary, for each
year, resulting in 2006 salary as follows:
County Clerk - $61,203
, now therefore be it
RESOLVED, That the salary for the position of County Clerk for the year 2007 be $67,667,
RESOLVED, further, That the County Clerk's salary for the years 2008-2010 increase at the
same rate as the management salary.
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Ms. Mackesey said she feels when someone runs for a political office they do so knowing what
the salary is and she thinks that trying to put a political office into a point -grade system is not a good fit.
She said both positions of Sheriff and County Clerk have people who work directly under them who take
on a huge amount of administrative responsibility and who are appropriately compensated. She said it
would not be fair to employees in other bargaining units to offer this amount of an increase to two
positions.
It was MOVED by Ms. Kiefer, seconded by Ms. Mackesey, to substitute the substitute with the
following resolution:
RESOLUTION NO. - ESTABLISHING ANNUAL SALARY FOR THE POSITIONS OF
COUNTY CLERK AND SHERIFF FOR THE YEARS 2007, 2008,
2009, AND 2010
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May 16, 2006
A voice vote on the motion to substitute the substitute with this resolution resulted as follows:
Ayes - 8 (Legislators Kiefer, Hattery, Mackesey, Proto, Randall, Shinagawa, Sigler, and Stevenson); Noes
- 6 (Legislators Booth, Dennis, Herrera, Joseph, Koplinka-Loehr, and McBean-Clairborne); Excused - 1
(Legislator Robertson). MOTION TO SUBSTITUTE CARRIED; RESOLUTION BECOMES THE
MAIN MOTION.
It was MOVED by Ms. Herrera, seconded by Mr. Proto, to separate the two positions of Sheriff
and County Clerk into two separate resolutions. A voice vote on the motion to separate resulted as
follows: Ayes - 11; Noes - 3 (Legislators Koplinka-Loehr, Mackesey, and Stevenson); Excused - 1
(Legislator Robertson). MOTION TO SEPARATE CARRIED. Mr. Sigler asked if we have ever tied
salaries to the CPI. Mr. Whicher noted when we discuss salaries in executive session it has been
considered. Ms. Kiefer said we used CPI for these same two positions four years ago.
RESOLUTION NO. 78 - ESTABLISHING ANNUAL SALARY FOR THE POSITION OF
COUNTY CLERK FOR THE YEARS 2007, 2008, 2009, AND 2010
A roll call vote on following resolution becoming the main substitute resulted as follows: Ayes -
9 (Legislators Booth, Hattery, Kiefer, Mackesey, Proto, Randall, Shinagawa, Sigler, and Stevenson);
Noes - 5 (Legislators Dennis, Herrera, Joseph, Koplinka-Loehr, and McBean-Clairborne); Excused. - 1
(Legislator Robertson). MOTION CARRIED.
A roll call vote on the resolution as substituted resulted as follows: Ayes — 10; Noes - 4
(Legislators Dennis, Herrera, Koplinka-Loehr, McBean-Clairborne); Excused - 1 (Legislator Robertson).
RESOLUTION ADOPTED.
WHEREAS, State law requires this Legislature to establish the salary for the position of County
Clerk, and County Administrative Manual Policy 04-06 states that this action occur prior to the time when
candidate petitions may lawfully be passed, and the County Attorney has advised that it is sufficient to
establish such salary prior to the start of the term of office, consistent with State Law, and
WHEREAS, during 2003 - 2006 the County Clerk's salary increased 2.77 percent plus an
additional $500 each year that became part of the base pay of that year, resulting in 2006 salary as
follows:
County Clerk - $61,203
, and
WHEREAS, it is the intention of this Legislature to continue to tie the salary increase for this
elective position for the four-year term 2007-2010 to inflation using a standard based on the Federal
Government's Consumer Price Index (CPI), and
WHEREAS, the Federal Government's Consumer Price Index (Northeast Urban Area, including
All Items) for 2003 was 2.8 percent, for 2004 was 3.5 percent, and for 2005 was 3.6 percent, giving an
average for the last three full years of 3.3 percent, now therefore be it
RESOLVED, on recommendation of the Personnel Committee, That the salary for the position of
County Clerk for the years 2007-2010 are hereby established as reflected in the chart below, based on
inflation as represented by the average of three most recent full years Federal CPI, namely a 3.3 percent
annual increase.
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COUNTY CLERK
2006: $ 61,203
2007: $ 63,223
2008: $ 65,309
2009: $ 67,464
2010: $ 69,691
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May 16, 2006
RESOLUTION NO. 79 - ESTABLISHING ANNUAL SALARY FOR THE POSITION OF
SHERIFF FOR THE YEARS 2007, 2008, 2009, AND 2010
MOVED by Mr. Proto, seconded by Mrs. McBean-Clairborne, to approve the following
resolution:
WHEREAS, State law requires this Board to establish salary for the position of Sheriff. and
County Administrative Manual Policy 04-06 states that this action occur prior to the time when candidate
petitions may lawfully be passed, and the County Attorney has advised that it is sufficient to establish
such salaries prior to the start of the term of office, consistent with State Law, and
WHEREAS, the salary for the position of Sheriff for the years 2003-2006 was hereby established
based on inflation as represented by the average of three most recent full years Federal CPI, namely a
2.77 percent annual increase, plus an extra $500 to be added to the annual base salary, for each year,
resulting in 2006 salaries as follows:
Sheriff - $75,371
, now therefore be it
RESOLVED, on recommendation of the Personnel Committee, That the salary for the position of
Sheriff for the years 2007-2010 is hereby established as reflected in the charts below:
SHERIFF % Change
2006: $75,371 0.0%
2007: $78,386 4.0%
2008: $80,738 3.0%
2009: $83,160 3.0%
2010: $85,655 3.0%
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It was MOVED by Ms. Kiefer, seconded by Ms. Mackesey, to substitute the resolution that was
separated. A voice vote resulted as follows on substituting: Ayes - 9 (Legislators Booth, Hattery, Kiefer,
Mackesey, Proto, Randall, Shinagawa, Sigler, and Stevenson); Noes - 5 (Legislators Dennis, Herrera,
Joseph, Koplinka-Loehr, and McBean-Clairborne); Excused - 1 (Legislator Robertson). MOTION
CARRIED; RESOLUTION BECOMES THE MAIN MOTION.
A roll call vote on the main motion resulted as follows: Ayes - 10; Noes - 4 (Legislators Dennis,
Herrera, Koplinka-Loehr, and McBean-Clairborne); Excused - 1 (Legislator Robertson). RESOLUTION
ADOPTED.
WHEREAS, State law requires this Legislature to establish the salary for the position of Sheriff,
and County Administrative Manual Policy 04-06 states that this action occur prior to the time when
candidate petitions may lawfully be passed, and the County Attorney has advised that it is sufficient to
establish such salary prior to the start of the term of office, consistent with State Law, and
WHEREAS, during 2003 - 2006 the Sheriff's salary increased 2.77 percent plus an additional
$500 each year that became part of the base pay of that year, resulting in 2006 salary as follows:
Sheriff - $75,371
, and
WHEREAS, it is the intention of this Legislature to continue to tie the salary increase for this
elective position for the four-year term 2007-2010 to inflation using a standard based on the Federal
Government's Consumer Price Index (CPI), and
WHEREAS, the Federal Government's Consumer Price Index (Northeast Urban Area, including
All Items) for 2003 was 2.8 percent, for 2004 was 3.5 percent, and for 2005 was 3.6 percent, giving an
average for the last three full years of 3.3 percent, now therefore be it
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May 16, 2006
RESOLVED, on recommendation of the Personnel Committee, That the salary for the position of
Sheriff for the years 2007-2010 are hereby established as reflected in the chart below, based on inflation
as represented by the average of three most recent full years Federal CPI, namely a 3.3 percent annual
increase.
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SHERIFF
2006: $ 75,371
2007: $ 77,858
2008: $ 80,428
2009: $ 83,082
2010: $ 85,823
Report from the Government Operations Committee
Ms. Herrera, Chair, reported the Committee will meet tomorrow at the History Center. Mr.
Stevenson announced he spoke with Matt Braun, Director of the History Center, who asked that any
Legislator let him know if there is any issue they would like addressed at that meeting. A tour of the
Center will take place at 4 p.m.
Report and Presentation of Resolution(s) from the Budget and Capital Committee
Mr. Koplinka-Loehr, Chair, reported the Committee met on May 8th and discussed the 20 -year
Capital Plan and financial goals. He said the Committee is trying to look at the long-term picture in an
effort to level out long-term capital decisions on the tax levy. He reported on the budget calendar and
said the certification of Rollover funds has been pushed one month later'.
RESOLUTION NO. 80 — ESTABLISHMENT OF 2007 COUNTY BUDGET GOALS
MOVED by Mr. Koplinka-Loehr, seconded by Mr. Shinagawa.
WHEREAS, Tompkins County, as part of its budget policy and process, wishes to develop
financial parameters for the County, to establish the framework for the budget over the next year, and
WHEREAS, just to continue existing in County programs and services in 2007, a maintenance of
effort tax levy increase of approximately 5.6 percent is necessary, now therefore be it
RESOLVED, on recommendation of the Budget and Capital Committee, That the Legislai.ure,
wishing to balance public needs with taxpayer concerns, establishes the goal of a maximum tax -levy
increase of 3 percent for 2007 resulting in a 0.2 percent tax rate increase for 2007,
RESOLVED, further, That the County Administrator will work with staff to recommend
modifications to employee health and prescription costs and further consolidations of departments and
functions where opportunities exist for improved efficiencies.
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It was MOVED by Mr. Stevenson, seconded by Mr. Hattery, to substitute the above resolution
with the following resolution:
RESOLUTION NO. — ESTABLISHMENT OF 2007 COUNTY FINANCIAL GOALS
WHEREAS, Tompkins County, as part of its budget policy and process, wishes to develop
financial parameters for the County, to establish the framework for the budget over the next year, now
therefore be it
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May 16, 2006
RESOLVED, That the Legislature, wishing to balance public needs with taxpayer concerns,
establishes the goal of a maximum tax levy increase of zero percent for 2007 resulting in a an
approximate 2.8 percent tax rate decrease for 2007,
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Ms. Herrera spoke in support of the substitute and stated it is important that the public see that
this Legislature is making an effort to do this.
Mr. Randall spoke in support of the 0% goal in the substitute resolution and stated this is an
attempt to get spending under control.
Mrs. McBean-Clairborne said departments and this Legislature have worked very hard over the
last couple of years to get spending under control. She expressed caution to members of the Legislature
to not allow suffering to happen for the very individuals that some are trying to protect with the zero
percent tax levy increase.
Mr. Proto reminded Legislators that this is the beginning of the budget season and each year this
body is under a magnifying glass by the public. He said this evening voting is taking place for school
district budgets and he cannot recall a time when a lot of public discourse was encouraged with regard to
those budgets, while school tax represents a large portion of taxes property owners pay.
Mr. Koplinka-Loehr stated he cannot support the substitute resolution because the three percent
tax levy increase translates to cutting programs by $800,000. The substitute proposal on the floor
translates to a reduction of $1.8 million. He said there is not a process for program evaluation or for
eliminating entire departments and he cannot support the proposed substitute resolution. He said a three
percent increase is what has been established by the increase in assessments for "new lumber",
representing new additions and property assessments related to new construction. He said at a three
percent tax levy increase on average no one's bill will go up because the new building will absorb the
difference. He feels this is a healthy way to maintain the organization without drastic cuts.
Mr. Dennis said he cannot support the proposed substitute resolution because he feels a three
percent tax levy increase will be difficult enough to accomplish.
Mr. Sigler said he feels the underlying problem still needs to be addressed because the budget
goes up each year. He said he supports looking at any way to explore reductions.
Mr. Hattery said he supports making an effort to accomplish a zero percent tax levy increase.
Mr. Mackesey said the increases in the budget are attributed to contract negotiations and
increases passed along from the State. She reiterated comments made by Mrs. McBean-Clairborne and
expressed concern for the residents who depend heavily on the services the County provides.
Ms. Herrera said there are residents who can no longer afford their homes in this community and
although she understands that when services are cut there is a price to be paid, she believes there is a
greater good to be gained from setting a goal of zero percent.
Mr. Shinagawa said he feels setting a goal of zero percent is impractical as it equates to $1.8 to
$2.2 million (including Capital costs) in cuts to local spending. He said this threatens programs that
have already been receiving cuts for years and these are programs that people depend on. Mr. Shinagawa
said this action threatens the quality of the County's workforce and has the possibility of making people
"jump ship". He feels setting a three percent goal sends the same message as setting a zero percent goal
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May 16, 2006
will have because the Legislature is still saying that cuts still need to be made but that there is a goal to
maintain the quality of the County's workforce and programs.
Mr. Booth called the question.
A voice vote on the proposed substitute resolution resulted as follows: Ayes - 7 (Legislators
Booth, Hattery, Herrera, Proto, Randall, Sigler, and Stevenson); Noes - 7 (Legislators Dennis, Joseph,
Kiefer, Koplinka-Loehr, Mackesey, McBean-Clairborne, and Shinagawa); Excused - 1 (Legislator
Robertson). MOTION FAILED.
It was MOVED by Mrs. McBean-Clairborne, seconded by Mr. Booth, to amend the original
resolution as follows: "establishes the goal of a maximum tax levy increase of 2 percent for 2007...". A
voice vote resulted as follows: Ayes - 4 (Legislators Booth, Mackesey, McBean-Clairborne, and Sigler);
Noes - 10; Excused - 1 (Legislator Robertson). MOTION FAILED.
A roll call vote on the original resolution resulted as follows: Ayes - 7 (Legislators Booth,
Dennis, Joseph, Kiefer, Koplinka-Loehr, Mackesey, and Shinagawa); Noes - 7 (Legislators Hattery,
Herrera, McBean-Clairborne, Proto, Randall, Sigler, and Stevenson); Excused - 1 (Legislator Robertson).
RESOLUTION FAILED.
Mr. Booth said it is a significant mistake to not provide the County Administrator with direction
in preparing a budget.
It was MOVED by Mr. Koplinka-Loehr, seconded by Mr. Shinagawa, to approve the previous
resolution with the following first Resolved: "RESOLVED, on recommendation of the Budget and
Capital Committee, That the Legislature, wishing to balance public needs with taxpayer concerns,
establishes the goal of approximately a 2.8 percent tax levy increase for 2007 for the County
Administrator's tentative budget, resulting in a 0.0 percent tax rate increase for 2007". A roll call vote
resulted as follows: Ayes - 7 (Legislators Booth, Dennis, Joseph, Koplinka-Loehr, Mackesey,
Shinagawa, and Sigler); Noes - 7 (Legislators Hattery, Herrera, Kiefer, McBean-Clairborne, Proto,
Randall, and Stevenson); Excused - 1 (Legislator Robertson). MOTION FAILED.
Ms. Kiefer noted the irony that we have spent the last few years explaining the importance for the
public to look at the tax levy, and now suddenly we are reverting to setting a goal for the tax rate.
It was MOVED by Mrs. McBean-Clairborne, seconded by Mr. Booth, to Reconsider the previous
motion. Mrs. McBean-Clairborne agreed with Mr. Booth that providing direction to the County
Administrator in preparing a budget is very important. A voice vote resulted as follows: Ayes - 10; Noes
- 4 (Legislators Hattery, Herrera, Kiefer, and Proto); Excused - 1 (Legislator Robertson). MOTION
CARRIED.
A roll call vote resulted as follows on the original resolution as amended: Ayes - 8 (Legislators
Booth, Dennis, Joseph, Koplinka-Loehr, Mackesey, McBean-Clairborne, Shinagawa, and Sigler); Noes -
6 (Legislators Hattery, Herrera, Kiefer, Proto, Randall, and Stevenson); Excused - 1 (Legislator
Robertson). RESOLUTION ADOPTED.
WHEREAS, Tompkins County, as part of its budget policy and process, wishes to develop
financial parameters for the County, to establish the framework for 2007, and
WHEREAS, to just continue existing County programs and services, a maintenance -of -effort tax -
levy increase in 2007 of approximately 5.6 percent is necessary, now therefore be it
RESOLVED, on recommendation of the Budget and Capital Committee, That the Legislature,
wishing to balance public needs with taxpayer concerns, establishes the goal of a maximum tax -levy
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May 16, 2006
increase of approximately 2.8 percent for 2007 for the County Administrator's tentative budget, resulting
in a 0.0 percent tax rate increase for 2007,
RESOLVED, further, That the County Administrator will work with staff to recommend
modifications to employee health and prescription costs and further consolidations of departments and
functions where opportunities exist for improved efficiencies.
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Report and Presentation of Resolution(s) from the Strategic Planning Committee
Mr. Koplinka-Loehr, Chair, reported the Committee met last week.
RESOLUTION NO. 81 - ESTABLISHING CHARGE FOR A MANAGEMENT STRATEGIC
PLANNING TEAM
MOVED by Mr. Koplinka-Loehr, seconded by Ms. Kiefer. Ms. Kiefer noted that by giving this
charge to the County Administrator we could really dissolve the Strategic Planning Committee.
It was MOVED by Mr. Booth, seconded by Mr. Stevenson, to amend the resolution to include the
addition of a final RESOLVED as follows: "RESOLVED, further, That the Committee shall consider as
an additional Focus Area the improvement of the County Government's capacity to prepare for and
respond to a major natural or human -created disaster". A voice vote on the amendment resulted as
follows: Ayes - 12; Noes - 2 (Legislators Herrera and Sigler); Excused - 1 (Legislator Robertson).
MOTION CARRIED.
Mr. Proto expressed concern that this resolution authorizes the County Administrator to not only
review the plan, but implement recommendations when this Legislature has not accepted a plan to
implement them. A voice vote on the resolution as amended resulted as follows: Ayes - 12; Noes - 2
(Legislators Herrera and Sigler); Excused - 1 (Legislator Robertson). RESOLUTION ADOPTED.
WHEREAS, the County has completed a strategic -planning process, including five planning
sessions between December 2004 and April 2005, that involved the gathering and compilation of
comprehensive input from Department Heads and Legislators, and
WHEREAS, the Tompkins County Legislature adopted Resolution No. 92 in May 2005, formally
accepting the Focus Area recommendations that were developed through the strategic -planning process,
and
WHEREAS, County staff have used and continue to use the Focus Area recommendations as a
guide for organization -wide improvements over the next 3 to 5 years, and
WHEREAS, the Tompkins County Legislature remains committed to pursuing the Focus Area
recommendations, now therefore be it
RESOLVED, on recommendation of the Strategic Planning Committee, That County
Administration be given the following charge: develop a plan to implement the Focus Areas
recommendations,
RESOLVED, further, That the Committee shall consider as an additional Focus Area the
improvement of the County Government's capacity to prepare for and respond to a major natural or
human -created disaster.
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Charge
The Tompkins County Legislature, upon recommendation of the Strategic Planning Committee,
hereby charges the County Administrator to work with a Management Team to develop a plan to
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May 16, 2006
implement the Focus Areas recommendations developed in 2005 through a strategic -planning process and
accepted by the Tompkins County Legislature. This plan shall be ready within three -hundred sixty days
and include proposals, work plans, initiatives, etc., to be presented to the County Legislature for
consideration.
Authority
Authority is hereby delegated from the County Legislature to the County Administrator (or
designee) to, Lead and coordinate this strategic -planning effort. Communications concerning the scope of
the program or Administrator's authority shall be directed to the Chair of the Strategic Planning
Committee.
Timeline 360 days
By day 60:
By day 90:
By day 240:
By day 360:
Establish process, approve and confirm timeline.
Develop and confirm scope. Begin examination of ongoing efforts to achieve
Focus Area recommendations.
Complete development of strategic plan and provide a status report to the
full Legislature.
Outline implementation plan for years 1, 3, and 5 years.
Focus Area Recommendations
Long -Range Fiscal Viability
Achieving long-term stability while maintaining a balance
between spending limits and the need for services
1. Work to control taxes, reduce spending, and reduce the tax burden on residents
2. Investigate alternative revenues
3. Support economic development
4. Expand organization -wide efforts to increase efficiencies
5. Educate public on County services; increase understanding of what tax dollars pay for
6. Increase community partnerships; involve citizens, business community, educational institutions,
other governments and agencies
7. Improve inter -municipal cooperation and explore potential benefits of consolidation
8. Address space issues in County facilities.
9. Pursue improved energy conservation in County buildings
Improved Decision Making Tools and Program Flexibility
Improving decision-making tools to assure long-range fiscal viability;
helping departments stay nimble and responsive to community needs
1. Promote organization -wide outcome -based program evaluation; find ways to verify the true cost
of cutting/keeping preventative programs
2. Promote use of well -supported data and data analysis as a basis for decision-making
3. Explore technologies that make data -gathering more efficient and accurate
4. Provide steady support for departments; recognize need for personnel, equipment, training, and
technology
5. Institute Tong -range planning and, in particular, Tong -range human services planning based on
demographic trends
6. Keep up with current technologies; plan for technological changes
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May 16, 2006
Support of the Workforce
Support of issues having to clo with the hiring, retention,
development, and management of County personnel
1. Build and support an effective diversity and inclusion program for County government
2. Provide adequate training and staff development, including cross -training within and across
departments and training using new technologies
3. Promote consolidation/coordination of programming and support skills across and within
departments; promote improved communication among departments
4. Focus on succession planning/recruitment and development of management leaders
5. Promote performance evaluation for staff
6. Improve staff -Legislator relationships; improve communication and understanding between
Department Heads and Legislators; promote more reliance on staff expertise
7. Develop salary improvement program
Equity and Justice
Promotion of economic well-being and social fairness for all
1. Work for economic justice and well-being for all residents
2. Build and support an effective diversity and inclusion program for County government
Report and Presentation of Resolution(s) from the Public Safety Committee
Mr. Booth, Vice Chair, reported the Committee met on May 4. At that meeting Nancy Zahler,
Director of Youth Services, presented a report on youth violence. Julia Hughes, Assigned Counsel
Administrator, reported that because a number of other counties operate differently than the Tompkins
County Jail, there are increased costs for attorney fees that are primarily the result of travel costs. Ms.
Hughes will continue to update the Committee on this. The next meeting will be June 1st.
RESOLUTION NO. 82 - AMENDMENT TO BYLAWS - ADVISORY BOARD ON INDIGENT
REPRESENTATION (RESOLUTION LOST)
MOVED by Mr. Booth, seconded by Mr. Dennis. Mr. Proto said he was one of the original
Legislators involved in the creation of this advisory board. He spoke in opposition to changing the
bylaws to allow one individual to serve as a member and said the Government Operations Committee is
reviewing the advisory board appointment process at its meeting tomorrow.
Mr. Booth said the conclusion presented at the Committee was that OAR (Offender Aid and
Restoration) is a very important part of the discussions of this Committee and this is a wise step to ensure
representation by the current director.
Mr. Hattery stated nothing prevents an individual from participating without being a member.
Mr. Stevenson said he, too, opposed this at the Public Safety Committee meeting because he
thinks the issue of residency needs further discussion.
Other Legislators expressed a desire to allow the Government Operations Committee to review
the overall issue of residency during its review of appointments to advisory boards and to not take action
making an exception to the County's residency requirement for one specific advisory board.
Mr. Joseph said he is opposed to the County's current residency policy, particularly when
situations like this arise. He said he would support a change to that policy but will not support doing it
"piece meal".
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May 16, 2006
A voice vote on the resolution resulted as follows: Ayes - 7 (Legislators Booth, Dennis, Kiefer,
Koplinka-Loehr, Mackesey, McBean-Clairborne, and Shinagawa); Noes - 7 (Legislators Flattery, Herrera,
Joseph, Proto, Randall, Sigler, and Stevenson); Excused - 1 (Legislator Robertson). RESOLUTION
FAILED.
WHEREAS, the Advisory Board on Indigent Representation (ABIR) wishes to amend its bylaws
for the purpose of designating one of the thirteen existing seats to be filled by the Director of Offender
Aid and Restoration with residency being waived if the individual is not a Tompkins County resident,
now therefore be it
RESOLVED, on recommendation of the Public Safety Committee, That the bylaws of the
Advisory Board on Indigent Representation are hereby adopted as amended, including changing any
references to Board of Representatives to County Legislature,
RESOLVED, further, That a copy of said bylaws will be on file in the Office of the Clerk of the
Legislature.
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Report and Presentation of Resolution(s) from the Health and Human Services Committee
Mr. Proto, Chair, reported the Committee met two times since the last Legislature meeting. The
Committee gave direction to John Andersson, Director of Environmental Health, to resume work ori the
Bolton Point issue. The Committee discussed the Children with Special Care Needs program and asked
the County Administrator to review the program and the particular service providers affiliated with that
program. The Committee also discussed Medicaid and TANF funding. The next meeting will be June
7th.
RESOLUTION NO. 83 — APPROPRIATION FROM CONTINGENT FUND FOR TERMINAL
PAY — OFFICE FOR THE AGING
MOVED by Mr. Proto, seconded by Ms. Kiefer. A short roll call vote resulted as follows: ayes -
14, Noes - 0, Excused - 1 (Legislator Robertson). RESOLUTION ADOPTED.
WHEREAS, the Office for the Aging had one employee, Director, terminate employment
effective February 28, 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 Health and Human Services and the Budget and Capital
Committees, That the Director of Finance is hereby authorized and directed to make the following budget
appropriations:
FROM: A1990.5400 Contingent Fund $6,494.76
TO: A6772.51000215 Salary, Director $4,672.49
A6772.5800 Fringes $1,822.27
SEQR ACTION: TYPE 11-20
Approval of Minutes
It was MOVED by Mr. Booth, seconded by Ms. Mackesey, and unanimously adopted by voice
vote by members present, to approve the minutes of April 18, 2006, and May 2, 2006, as submitted.
MINUTES APPROVED.
Recess
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May 16, 2006
Chair Joseph declared recess from 8:30 p.m. to 8:35 p.m.
Executive Session
It was MOVED by Ms. Herrera, seconded by Mr. Proto, and unanimously adopted by voice vote
by members present, to enter into executive session at 8:35 p.m. to discuss contract negotiations. The
meeting returned to open session at 8:40 p.m.
At this time Chair Joseph granted Mr. Dennis permission to withdraw from the agenda the
resolution entitled Ratification of Bargaining Agreement Correction Officer Local 2062 Union.
Adjournment
On motion the meeting adjourned at 8:40 p.m.
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June 6, 2006
Regular Meeting
Called to Order
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: 14 Legislators. Excused: 1 (Legislator Sigler).
Presentation of Proclamation(s)
Chair Joseph presented the following proclamations:
Offender Aid and Restoration Month June 2006 (OAR's 30th Anniversary), to Michael
Koplinka-Loehr on behalf of Jim Schecter, Offender Aid and Restoration Director.
Hunger Awareness Day — June 6, 2006, to Paul Hessler, President and Chief Executive Officer of
the Food Bank of the Southern Tier and Marty Blodgett. Mr. Hessler noted that Tompkins
County has the third largest food distribution of the six counties served by the Food Bank.
Privilege of the Floor by the Public
Fay Gougakis, City of Ithaca resident, spoke of legislation pending regarding human trafficking.
She said there have been recent articles on the topic appearing in The New York Times. In addition,
discussions are being undertaken by the State Department and the New York State Senate. Ms. Gougakis
asked that Legislators contact Assemblyman Sheldon Silver and Senator Joseph Bruno. She then spoke
out against the use of cell phones in the Tompkins County Public Library; indicating it is very disruptive
to users of the facility. Ms. Gougakis again asked for County support to develop a policy that disallows
use of cell phones in the library.
Privilege of the Floor by Legislators
Mr. Proto, District No. 7 Legislator, noted that today was the anniversary of the invasion at
Normandy and asked that members take a moment to consider how fellow Americans participated in the
event that helped others to be free. He reported that the New York State Senate passed legislation that
will allow approximately 100 acres of the former Sampson Army Base/Airfield to be set aside as a
Veteran's Cemetery, and an additional 90 acres for the Finger Lakes Land Trust. He expressed
appreciation for the Legislature's support of this and stated the Assembly has a companion bill. On
Thursday he will be in attendance at a meeting in Geneva to develop an advisory board regarding the
Veteran's Cemetery. Mr. Proto then expressed concern regarding eminent domain as it may apply to the
proposed scenic walk around the south end of Cayuga Lake (Cayuga Lake Waterfront Trail). Several
business owners have contacted him regarding this matter and he would like the City representatives to be
aware of the concern and possibly discuss the matter with the individuals. Mr. Proto said he hopes to
have discussions at the Planning, Development, and Environmental Quality Committee on the topic.
Mr. Koplinka-Loehr, District No. 11 Legislator, thanked all individuals who worked on the
planning and implementation of the Community Diversity Roundtable. He said it was anticipated to have
approximately 70 registrants, yet the registration was closed at 180. He commended all involved in this
function.
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June 6, 2006
Ms. Robertson, District No. 13 Legislator, reported on receiving a report on the Overlook at West
Hill housing development that will provide leased housing at mixed -income levels. Fifteen percent of the
housing is set aside for individuals/families at 30 percent of the median income, with the balance for
individuals at 50 or 60 percent of median income. At this time, the lowest and mid-range units have been
leased. Ms. Robertson then spoke of the commuter survey that has gathered information from Cornell
University and downtown employees. The survey indicates the need for park and ride facilities near
Pyramid Mall as well as in the Dryden area. Ms. Robertson commented that upon review of the May 116th
Legislature meeting she disagreed with the comments that the 2005 election results were connected to
setting of budgets, that five out of seven legislature are new because of retirements.
Mr. Stevenson, District No. 8 Legislator, announced that Soil and Water Conservation District
will hold an Old Tire Collection Day on June 24th, 8 a.m. — 12:30 p.m., at the Town of Lansing Highway
Barn. Any tire can be disposed of at the cost of $1.00.
Mrs. McBean-Clairborne, District No. 2 Legislator, announced that Saturday, June 10th is the
Greater Ithaca Activities Center (GIAC) festival from 1 p.m. to 7 p.m., and encouraged all to attend. In
addition, she also spoke of the Community Diversity Roundtable's success. Mrs. McBean-Clairborne
announced the Latino Civic Association Picnic will take place on June 11th at Stewart Park.
Mr. Booth, District No. 3 Legislator, addressed Ms. Gougakis' topic of cell phone use in the
library. He said the policy is determined by the Library Board of Trustees, but he does not understand
why they have not amended the policy. Mr. Booth then reported on the topic of cellular telephones and
phone calls through computers, noting it is important for individuals attempting to contact emergency
services through these means to provide their location. He believes this will be a growing concern as
more communications are handled in this manner. Mr. Booth also stated that the Supreme Court's
decision on eminent domain did not change the existing law in opinion of most experts.
Ms. Herrera, District No. 5 Legislator, announced that the Annual Brooklyn Picnic will take place
on June 9th at Stewart Park. She then reported that Cornell University's Olin Library has a no cell phone
ruling, however, there is an enforcement problem associated with it. She recognized that Ms. Gougakis
has repeatedly asked this be addressed and hopes it will be handled in a moderate manner.
Mr. Dennis, District No. 15 Legislator, reminded individuals that the Grassroots Festival will take
place in July.
Ms. Robertson stated she believes that parents should have the ability to check on children's
location, but does not agree with long conversation of the cell phones within the library.
Report from Municipal Officials
Ms. Coles, Common Council Member, reported to the Legislature on City of Ithaca matters. She
indicated that the issue of eminent domain has many processes prior to actual legal action regarding the
Scenic Way. Mr. Proto indicated that the individuals desired the opportunity to present issues to the
appropriate body. Ms. Coles said some have contacted her and indicated her willingness to speak to other
individuals directly. She then reported a revised resolution regarding the City Density Policy was
approved at committee and will be presented to Common Council on June 7th. She believes that
amendments will benefit the community and noted it contains language that will review the community
benefit of projects on a regular basis. Ms. Coles has volunteered to Chair a Design Review Subcommittee
that will review what types of buildings are in a density area.
Ms. Coles spoke about the issue of pollution on West Hill, noting how she is amazed at how slow
matters are taking, particularly test results. She reported Assemblywoman Lifton has assisted in passing
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legislation to halve the length of time for presentation of test results. Ms. Coles believes everyone should
keep the matter forefront in the media to draw attention to this problem.
Other items reported by Ms. Coles included employment diversity training within all City
Departments, development of a draft Request for Proposals for the Southwest Development to answer the
need of 300 new housing units per year, and a pending decision on the City's need for a new water
treatment plant.
Mr. Booth said he hopes the density policy will eventually apply to other municipalities
throughout the County; he believes it should apply to specifically designated areas in the city and the
various villages. In addition, he hopes the process is not so cumbersome as to prevent consideration by
potential developers. Mr. Booth said issues respecting hazardous waste pollution on South Hill are more
common than realized. He believes the most serious difficulty in this State respecting hazardous waste is
the limited capacity of the Department of Environmental Conservation to deal with the problem.
Chair's Report
Mr. Joseph reported that the County cannot accept Schuyler County's challenge for a cardboard
boat race, however, he would like to offer a challenge to the City of Ithaca for a dragon boat race on J uly
17. Ms. Coles accepted on behalf of the City.
Presentation of the 20 -Year Capital Program
Mr. Marx, Commissioner of Planning and Pubic Works, provided the Legislature with a handout
and a PowerPoint presentation on the 20 -Year Capital Program. He explained the purpose of the capital
plan is in recognition of the need for an approach to look at capital needs and investments. The
presentation included information that outlined the County capital assets, debt and debt service, major
capital needs, facility/infrastructure maintenance needs, enterprise operations, other potential needs,
measuring fiscal impact, parameters for the plan, the 20 -year plan outcomes, and issues for future
consideration. He concluded by indicating that he believes the County can meet the capital needs of
Tompkins County government and minimize the impact on taxpayers if the County carefully plans and
schedules projects that stay within the plan's parameters. He indicated it does not mean the plan cannot
be modified in the future, however, whatever modifications are made should follow this framework and
recognize the impacts of changes.
Following the presentation several items were discussed. In response to a question by Mr.
Joseph, it was noted that the $400,000 in additional funds for highway is not an annual increase but is a
one-time target increase in 2011.
Mr. Proto noted that decisions made by local colleges may affect the County's budget plans in the
future. He also asked how changes in assessment may effect the plan. Mr. Marx indicated that the plan
uses a two percent increase in the tax base as a realistic assessment increase and not a market value actual
increase.
Mr. Booth noted several items regarding the plan. The first was a suggestion that one of the
criteria of the plan could be a consideration of the relationship between annual capital investment and
annual depreciation in capital assets; the second was to add to the list of items for future consideration the
assessment of the adequacy or inadequacy of the County's capital assets in relation to the overall
economic/social well-being of County residents; and third was to stress that while the plan can be
modified it is important for the County to have the framework established by the plan. He noted. the
Budget and Capital Committee had discussed whether approval of the plan indicated approval of specific
projects mentioned in the plan. He stated he did not believe the plan's approval would constitute an
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approval of specific projects. He noted that this interpretation is supported by the following statement of
the Plan's goals:
"The goal of the Capital Plan is to guide the Legislature in making
decisions regarding the community infrastructure needed to support the
operations and responsibilities of Tompkins County government with a
consistent and manageable level of public investment. The plan provides
information from which the Legislature can determine the appropriate
level of capital investment and make those investments in a manner that
best utilizes, and conserves prior investments of, taxpayer dollars."
Ms. Robertson asked if any of the land assets were unused property and was informed the term
encompasses the land beneath the County facilities and infrastructure, and did not refer to vacant land.
She also inquired about the highway's approved capital plan, noting it had not been seen by members.
Mr. Marx replied this was the first year of the highway capital plan and the department is devoted to
meeting the most serious problems. He anticipates by the end of this construction season a more
definitive plan will have been developed. Ms. Robertson stated that she would be willing to accept and
not adopt the plan. Mr. Marx indicated that he strongly recommends adoption as it would provide a
direction for the day-to-day work that is being completed and stress the importance of future work.
Mr. Joseph said he believes the plan should be adopted, and the Legislature should be aware it is
their plan. He said modifications can be made in the future but the objective of adopting is that it clearly
says it is what the Legislature wants to do.
Ms. Kiefer spoke of the various fiscal -impact parameters chosen by the Budget Committee, and
asked which is the limiting one in the scenario presented. The 1-3 percent tax levy increase appears to be,
but she noted that 2008 showed a 3.2 percent figure. She indicated a desire to see versions where some of
those constraints were varied. Mr. Marx indicated that he could discuss this with individuals but that
doing so would take a longer period of time. Ms. Kiefer also requested one or two additional priority
scenarios for the Legislature to consider, noting that the Facilities and Infrastructure Committee reviewed
building priorities, while the Budget and Capital Committee reviewed the funding aspect. She feels a
chart showing various scenarios would assist the other members of the Legislature to better determine the
plan. Ms. Kiefer also noted that one item listed for future consideration is the combined tax impact of
whether other municipalities and school districts and asked whether other taxing entities such as schools
would be addressed if a Council of Government is formed. Mr. Joseph said the group meeting has not
included schools as no interest has been expressed as well as the fact district lines do not fit with
municipal boundaries. He did indicate, however, the schools are included in the draft bylaws of the
Council of Government, for future collaboration.
Mrs. McBean-Clairborne noted that due to the increasing board -out costs the Public Safety
Building may become a high priority.
Ms. Robertson thanked Mr. Marx for his work and asked why the comparison of other counties
and statewide averages for capital projects used 2003 data. Mr. Marx said those were the most recent data
from the State Comptroller. She also suggested that various ways be reviewed to even out percentages.
Mr. Marx stated he believes that can be done by Mr. Squires' efforts in financing projects.
Report from the County Administrator
Mr. Whicher thanked Mr. Marx for his work on the plan over the past one to one and one-half
years. In addition, he expressed his appreciation to Kim Cutright, an intern in his office, for her
assistance on the Diversity Plan; as well as the teams who assisted in the searches for Deputy County
Administrator and Public Information Officer. Mr. Whicher introduced the new Public Information
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Officer, Marcia Lynch, and the new Deputy County Administrator, Paula Younger. Mr. Whicher
requested an executive session to discuss personnel matters later in the meeting.
Report from the County Attorney
Mr. Wood, County Attorney, had no report. Ms. Kiefer inquired about the status of the Annual
Financial Disclosure forms and was informed one form was overdue.
Report from the Finance Director
Mr. Squires, Finance Director, reported that the foreclosure auction was held and a total of seven
properties were sold. Four of the seven properties were sold to adjacent landowners. He reported that
although all properties were sold and will now be back on the tax rolls, due to the amount of overdue
taxes, particularly on one property whose sale produced a $38,000 loss, the auction resulted in a $7,800
Toss. Mr. Squires then reported the County has instituted a pilot public transportation program that will
allow employees to utilize the Tompkins Consolidated Area Transit bus services through the use of a bus
pass. He believes this will be budget -neutral but will increase ridership and provide environmental
benefits.
Mr. Squires spoke of the option provided from the State to place a cap on county tax for fuel
sales. He has done research regarding the topic and found that to do so would be costly to the county and
municipalities who receive a portion of the tax as it could lose approximately $2 million per year in
revenue from gasoline sales (based on $2/gallon). The County share of the loss would be approximately
$575,000 per year. In addition, he indicated the cap would also include residential energy products and
would increase the amount of lost revenue. He indicated six counties have taken action on the offer,
however, there are many others who will not pursue the cap proposal.
Mr. Proto thanked those involved in providing bus passes to County employees. He inquired
whether the numbers included within the Capital Program presentation reflected the State audit of County
assets. He was informed by Mr. Squires that it did include these figures as well as depreciation. Mr.
Proto asked for Mr. Squires' opinion of the State's audit of the Industrial Development Agency (IDA).
Mr. Squires indicated it is a snapshot of a limited area looking only at job creation among IDAs. He said
the incentives are much broader than just job creation. In some ways he feels it may be unfair as some
businesses may not have been funded through IDA for only job creation. Mr. Squires said the IDA is
reviewing the audit closely.
Ms. Kiefer inquired how long the pilot bus pass program will be and who will review the results
upon completion. Mr. Squires stated it ends September 30th and anyone who would like to review the
material may.
Ms. Mackesey said she would like to continue to determine how incentives for buses and
carpooling could provide employees and the environment with a positive benefit.
Mr. Whicher explained the County has previously provided bus passes or reduced rates to
individuals in the downtown complex due to limited parking. This pilot now extends the offer to all
employees. He believes it will be an effective program. Mr. Joseph urged legislators to get a pass; it
costs the County nothing unless you use it.
Mr. Booth stated he is in strongly favor of individuals riding buses. He inquired whether there
could be implications of requiring the County to continue the program after the pilot period is over. Mr.
Squires said discussion had occurred with bargaining units who understand this is strictly a pilot program
and may not continue.
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Ms. Herrera expressed congratulations to those involved in this pilot program, noting it is a good
example of how staff can resolve an issue such as this.
Approval of 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. 84 - AUTHORIZATION TO EXECUTE QUITCLAIM DEED — PROPERTY
REDEEMED BEFORE COUNTY AUCTION
MOVED by Mr. Proto, seconded by Mrs. McBean-Clairborne, and unanimously adopted by
voice vote by members present under the Consent Agenda.
WHEREAS, Tompkins County works with property owners to allow them to redeem their homes
prior to auction, now therefore be it
RESOLVED, on recommendation of the Government Operations Committee, That the County
Administrator is authorized to execute a Quitclaim Deed conveying property acquired by the County
through 2005 tax foreclosures, back to the previous owners upon payment of all back taxes, penalties,
interest and fees as follows:
City of Ithaca 14-3-2 Thomas Farrell
SEQR ACTION: TYPE I1-20
RESOLUTION NO. 85 - AUTHORIZATION FOR PUBLIC HEARING - TOMPKINS
CORTLAND COMMUNITY COLLEGE OPERATING BUDGET —
2006-2007
MOVED by Mr. Proto, seconded by Mrs. McBean-Clairborne, and unanimously adopted by
voice vote by members present under the Consent Agenda.
WHEREAS, Tompkins Cortland Community College is a joint enterprise of Tompkins County
and Cortland County whose budget must be acted on by each county, now therefore be it
RESOLVED, on recommendation of the Budget and Capital Committee, That a public hearing be
held on June 20, 2006, at 5:30 o'clock in the evening thereof in the Legislature's Chambers of the
Tompkins County Courthouse, 320 North Tioga Street, Ithaca, New York concerning the 2006-2007
operating budget request for Tompkins Cortland Community College. At such time and place all persons
interested in the subject matter will be heard concerning the same,
RESOLVED, further, That the Clerk of the Legislature be and hereby is directed to place such
notice of public hearing in the official newspaper of Tompkins County.
SEQR ACTION: TYPE II -20
RESOLUTION NO. 86 - CREATION OF A PETTY CASH ACCOUNT - ITHACA TOMPKINS
REGIONAL AIRPORT
MOVED by Mr. Proto, seconded by Mrs. McBean-Clairborne, and unanimously adopted by
voice vote by members present under the Consent Agenda.
WHEREAS, a bank account was created for the Ithaca Tompkins Regional Airport in 1956 and
said bank account was originally used to handle revenue collection and petty cash, and
WHEREAS, revenues collection is now handled by the Finance Department, and
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June 6, 2006
WHEREAS, the County's policies do not allow for bank accounts outside the direct control of the
Finance Department, and
WHEREAS, the Airport's bank account has now been closed and the one thousand dollar
($1,000.00) balance has been transferred to the Airport's fund balance under the control of the Finance
Department, and
WHEREAS, the Airport still has a need to spend small amounts of money when a County credit
card would not be appropriate or convenient, now therefore be it
RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the
Legislature approve and does hereby create a three -hundred dollar ($300.00) petty cash account for the
Airport, to be kept in the Airport's safe,
RESOLVED, further, That the Finance Department makes arrangements to provide the Airport
with three hundred dollars, in cash, from the Airport fund balance.
SEQR ACTION: TYPE 11-20
RESOLUTION NO. 87 - AUTHORIZATION TO EXECUTE CONSTRUCTION FUNDING
AGREEMENT WITH NEW YORK STATE DEPARTMENT OF
TRANSPORTATION (NYSDOT) — MCLEAN-CORTLAND ROAD
RECONSTRUCTION — PHASE 2
MOVED by Mr. Proto, seconded by Mrs. McBean-Clairborne, and unanimously adopted by
voice vote by members present under the Consent Agenda.
WHEREAS, a Project for the CR105, McLean -Cortland Road Reconstruction — Phase 2, PJLN.
375395, in the Town of Groton, (the Project), is eligible for funding under Title 23 U.S. Code. as
amended, that calls for the apportionment of the costs of such program to be borne at the ratio of eighty
percent Federal funds and twenty percent non -Federal funds, and
WHEREAS, Resolution Nos. 164 of 1997 and 33 of 2002 approved the Project and authorized
execution of an agreement with the New York State Department of Transportation regardling
administration and funding of Scoping, Design (Phases I -VI) and Right -Of -Way Incidentals, and
WHEREAS, the New York State Department of Transportation requires the County appropriate
one hundred percent of the project costs and then file for reimbursement of eligible costs, and
WHEREAS, in order to expedite advancement of the Project and realize potential total project
cost reductions, the County of Tompkins desires to advance the above project by making a commitment
of 100 percent of the non -Federal share of the costs of Construction, Construction Inspection, and
Supervision, now therefore be it
RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the
Tompkins County Legislature hereby approves the above -subject project and authorizes the County of
Tompkins to pay in the first instance one hundred percent of the Federal and non -Federal share of the
costs of Construction, Construction Inspection, and Supervision work for the subject Project or portions
thereof,
RESOLVED, further, That the sum of $2,707,340 is hereby made available within account
HZ5103.59239.53.02, McLean Road Capital Project Account, to cover the cost of participation in the
Construction phase of the Project,
RESOLVED, further, That in the event the full Federal- and non -Federal share costs of the
project exceed the amount appropriated above, the Tompkins County Legislature shall convene as soon
as possible to appropriate said excess amount immediately upon the notification by the New York State
Department of Transportation thereof,
RESOLVED, further, That the Tompkins County Highway Manager be and is hereby authorized
to execute all necessary Agreements, certifications, and reimbursement requests for Federal Aid and/or
Marchiselli Aid on behalf of the County of Tompkins with the New York State Department of
Transportation in connection with the advancement or approval of the Project and providing for the
administration of the Project and the municipality's first instance funding of Project costs and permanent
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June 6, 2006
funding of the local share of Federal -aid- and State -aid -eligible Project costs and all Project costs within
appropriations therefore that are not so eligible,
RESOLVED, further, That a certified copy of this resolution be filed with the New York State
Commissioner of Transportation by attaching it to any necessary Agreement in connection with the
Proj ect,
RESOLVED, further, That this resolution shall take effect immediately.
SEQR ACTION: TYPE II - 20
Approval of 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:
Advisory Board on Indigent Representation
William E. Furniss, Jr. - term expires December 31, 2008
Traffic Safety Committee
Thomas L. Ferretti - Village Police Official representative; term expires December 31, 2008
Report and Presentation of Resolution(s) and Appointment(s) from the Planning, Development, and
Environmental Quality Committee
Ms. Robertson, Chair, reported the Committee met on May 18th. The Committee was provided
with a report of the Purchase of Development Rights program. The County will work with municipalities
to train staff and develop easements for the program. Ms. Hackett, Planner, reported on the aquifer study,
noting Danby joined in the study in 2005. In addition, as part of the study a new aquifer has been
discovered in the Village of Dryden. Ms. Robertson reported the Committee has been informed by Mr.
Marx that it does not appear that the STOP -DWI Program is best located in the Planning Department.
She also reported the Town of Lansing has signed a contract for technical assistance to work on their
zoning ordinance to meet denser development goals and implementation of their Comprehensive Plan. In
addition, the Planning Department has participated in meetings with consultants developing the Cornell
University Master Plan. Public meetings hosted by Planning Department staff will occur on May 22 and
23 on Natural Features Focus Areas, May 24 on Housing Needs Assessment, and June 8 on Scenic
Resources Inventory. The next meeting will be on June 15th with a key topic being the IDA's Density
Policy. Ms. Kiefer noted the Scenic Resources Inventory meeting is for the public to have input and react
to the criteria; she stressed attendance at this particular meeting.
RESOLUTION NO. 88 - APPROVAL OF AMENDMENT TO CONTRACT FOR
BEAUTIFICATION, SIGNAGE, AND PUBLIC ART PROGRAM
ENHANCEMENT
MOVED by Ms. Robertson, seconded by Ms. Herrera.
Mr. Proto referred to the resolution entitled Approval of Amendment to Contract for
Beautification, Signage, and Public Art Program Enhancement, stating it reminded him of several items.
He recalled an episode of tree encroachment within a right-of-way on Turkey Hill Road where the County
was concerned about a row of trees that presented a safety issue. The property owners were not agreeable
to the County removing them. He felt that perhaps the County Highway Manager and Town Supervisors
should be provided an opportunity to review the planting plans to be certain it would not create a
hazardous situation. In addition he spoke of an evaluation report that was to be completed by the
Chamber of Commerce regarding the Strategic Tourism Planning Board's programs, in particular. the
importance of knowing how much of these funds are spent for work on the Commons area and whether
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the City of Ithaca Public Works Department would be taking over the responsibilities at a certain point.
He recalled assurance that the report would be shared in 2006 and expressed his interest in seeing it as
well as having it come forward to the full Legislature this year.
Ms. Herrera stated she will address Mr. Proto's concerns about the report at the STPB meeting on
June 7th. She noted the resolution that was referred to dealt with beautification projects in towns, not the
City. In addition, she said the grants require in-kind donations from recipients. She said it enables
tourists and residents to have beauty throughout the County, particularly gateways to the County.
Ms. Robertson reported that the STPB Program Review will take place at the September meeting.
She also noted the resolution before the Legislature does not include any funding for the City. With
regard to highway departments, she noted Chrys Gardner went outside the County and drove back into
each town, taking photographs of how each gateway appears. She then provided a computerized
presentation that included these views to each town board. Ms. Robertson indicated the developed their
plans which Ms. Gardner. Ms. Robertson said she could have Ms. Gardner could contact the highway
supervisors if desired.
Mrs. McBean-Clairborne expressed her belief that the City should remain a participant of the
program as it produces many of the funds used for the Beautification Program. She spoke of the large
amount of African-American history and asked the matter of historic signage be looked into, noting the
AME Zion Church is in the Historic Register as well as many other buildings. Ms. Herrera appreciated
the thought of the possibility of an historic walk as an attraction.
Mr. Booth said he believes that adopting any program such as this does not limit any highway
supervisor's authority to determine an area is unsafe and to take what is determined to be appropriate
action. Mr. Wood said he believed that work done within a right-of-way with these funds would not
legally restrict a highway superintendent's authority.
Ms. Kiefer expressed appreciation for the amount of detail provided. She is troubled with
language contained within the introduction material that indicated the downtown beautification in front of
private property is being done as it is assumed private business would not participate in planting in public
space. Ms. Kiefer said there are municipalities such as the Town of Groton that have private businesses
participating and therefore she would like to see it a requirement for business participation rather than
expect the County to do so. She also expressed concern regarding two projects: (1) Warren Road/Route
13; and (2) Lansing Central School. She believes that intersection is not appropriate as it may create a
sight hazard, and the does not believe it should be done at a school entrance as that is normally done by
schools, parent -teacher organizations, etc.
It was MOVED by Ms. Kiefer, seconded by Mr. Proto, to separate the Warren Road/Route 13 and
Lansing Central School projects from the original resolution. Ms. Herrera said she travels the Warren
Road/Route 13 intersection and believes it will enhance the area; she will also support the proposal at
Lansing Central School as there is a lot of traffic in the area. A voice vote resulted as follows: Ayes — 1
(Legislator Kiefer), Noes — 13, Excused — 1 (Legislator Sigler). MOTION FAILED.
A voice vote on the resolution resulted as follows: Ayes — 14, Noes 0, Excused — 1 (Legislator
Sigler). RESOLUTION ADOPTED.
WHEREAS, the 2006 budget authorized spending $90,000 from the Room Tax Fund for the
County Beautification, Signage, and Public Art Plan to further the County's tourism program, and
WHEREAS, the scope of services for the Beautification, Signage, and Public Art Plan requires
expertise in the area of landscape planning and architecture that is possessed by staff at Cooperative
Extension and other sub -contractors of the Chamber of Commerce, and
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June 6, 2006
WHEREAS, the Chamber of Commerce wishes to lead this project to completion by accepting
the revenue to contract out the work with those who have expertise in this area, and
WHEREAS, there is a desire to enhance the existing program by completing plantings in 2006 for
all of the towns for the most positive impact, and
WHEREAS, the Planning, Development, and Environmental Quality Committee voted in favor of
the concept at its February 2006 meeting, now therefore be it
RESOLVED, on recommendation of the Planning, Development, Environmental Quality
Committee, That the County Administrator or his designee is authorized to execute an amendment to the
Chamber of Commerce tourism promotion contract for $29,945 to carry out the tasks outlined in the
proposal dated February 2006, and that such funds shall be paid from the Room Tax Reserve account.
SEQR ACTION: TYPE 11-20
Appointment(s)
It was MOVED by Ms. Robertson, seconded by Mr. Herrera, to approve the following
appointment. Mr. Proto stated he requested the appointment be removed from the Consent Agenda in
order to discuss the appointment process. He noted previous discussions addressed canvassing through a
variety of means and wanted to know what method of advertising was done for the appointments. Ms.
Robertson indicated that upon receiving information that the positions were still unfilled and knowing
rural representation, particularly in business, was desired, she offered several suggestions to Mr. Marx,
one of which was accepted by the present nominee. Mr. Proto stated there are at least seven rural
representatives on the Legislature who could also have offered suggestions. It was noted all Legislators
receive a list of vacancies several times a year. Ms. Kiefer said she believed Mr. Proto had a valid point,
that finding representatives for the Planning Advisory Board is done primarily by current members, and
that the existence of vacancies could be more widely advertised, as is done form some other advisory
boards.
A voice vote on the motion resulted as follows: Ayes — 12, Noes — 2 (Legislators Hattery and
Proto), Excused — 1 (Legislator Sigler). APPOINTMENT CARRIED.
Planning Advisory Board
Athena Kalandros - Business representative; term expires December 31, 2006
It was MOVED by Ms. Robertson, seconded by Ms. Herrera, and unanimously adopted by voice
vote by members present, to approve the following appointment:
Planning Advisory Board
John Spence - Housing representative; term expires December 31, 2008
Report and Presentation of Resolution(s) from the Personnel Committee
Mr. Dennis expressed appreciation to the negotiations team and arbitrator for the work completed
that brings forth the following resolution.
Mr. Booth temporarily out of room.
RESOLUTION NO. 89 — RATIFICATION OF BARGAINING AGREEMENT CORRECTION
OFFICER LOCAL 2062 UNION
MOVED by Mr. Dennis, seconded by Mr. Shinagawa. A short roll call resulted as follows: Ayes
— 13, Noes — 0, Temporarily Out of Room — 1 (Legislator Booth), Excused — 1 (Legislator Sigler).
RESOLUTION ADOPTED.
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June 6, 2006
WHEREAS, Correction Officer's Unit has been working without a contract since January 1,
2006, and
WHEREAS, Tompkins County and Correction Officers Local 2062 Union have negotiated a new
contract, now therefore be it
RESOLVED, on recommendation of the Negotiating Committee, That the bargaining agreement
between Tompkins County and the Local 2062 Union, Correction Officers, for the years 2006, 2007, and
2008 is hereby ratified.
SEQR ACTON: TYPE 1I-20
Report and Presentation of Resolution(s) from the Government Operations Committee
Mr. Booth returned at this time.
Ms. Herrera, Chair, said the Committee met on May 17th at the History Center, and prior to the
Legislature meeting. They will meet again on June 21st at the Old Jail Conference Room. She noted the
work of the Committee is reflected by the resolutions presented.
RESOLUTION NO. 90 — AMENDMENT OF RESOLUTION NO. 44 OF 2004 —
AUTHORIZATION TO ESTABLISH BUSINESS VISA CREDIT
CARD ACCOUNTS WITH TOMPKINS TRUST COMPANY
MOVED by Ms. Herrera, seconded by Mrs. McBean-Clairborne, and unanimously adopted by
voice vote by members present. Mr. Proto noted he requested the resolution be removed from the consent
agenda so that he could disclose his spouse is employed by the Tompkins Trust Company.
WHEREAS, Tompkins Trust Company requires the Tompkins County Legislature to adopt a
resolution authorizing the County's credit card accounts, and
WHEREAS, Resolution No. 44 of 2004 authorized the Director of Finance to establish Business
Visa Credit Accounts with the Tompkins Trust Company for Tompkins County employees to use for
approved County purposes and the aggregate credit limits for such accounts not to exceed $100,000, and
WHEREAS, there is a need to increase the aggregate credit limit for such accounts, now therefore
be it
RESOLVED, on recommendation of the Government Operations Committee, That the Director
of Finance is hereby authorized to establish Business Visa Credit Accounts with the Tompkins Trust
Company for Tompkins County employees to use for approved County purposes and the aggregate credit
limits for such accounts shall not exceed $150,000.
SEQR ACTION: TYPE I1-20
RESOLUTION NO. 91 - ADOPTION OF REVISED ADMINISTRATIVE POLICY 01-19 -
EMERGENCY ACTION PLAN
MOVED by Ms. Herrera, seconded by Mr. Stevenson. Ms. Kiefer requested it be removed from
consent agenda to provide the ability to call Legislators' attention to manifest corrections. A voice vote
on the resolution resulted as follows: Ayes — 14; Noes — 0; Excused — 1 (Legislator Sigler).
RESOLUTION ADOPTED.
WHEREAS, the County Emergency Action Plan policy required revision to more accurately
reflect current existing regulations, procedures, and directives, now therefore be it
RESOLVED, on recommendation of the Public Safety and Government Operations Committees,
That the following Administrative Policy is hereby revised and adopted:
01- 19 Emergency Action Plan
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SEQR ACTION: TYPE 11-20
June 6, 2006
RESOLUTION NO. 92 — AUTHORIZATION TO EXECUTE QUITCLAIM DEEDS — SALE
OF FORECLOSURE PROPERTIES AT PUBLIC AUCTION
MOVED by Ms. Herrera, seconded by Ms. Robertson, and unanimously adopted by voice vote by
members present.
WHEREAS, by tax foreclosure proceedings, the County acquired certain parcels in the County,
and
WHEREAS, said properties were sold, contingent upon Legislature approval, at public auction on
May 16, 2006, now therefore be it
RESOLVED, on recommendation of the Government Operations Committee, That upon payment
in full of the bid price, plus current taxes and filing fees, that the County Administrator be and hereby is
authorized to execute quitclaim deeds for all parcels sold at the public auction.
SEQR ACTION: TYPE 11-20
RESOLUTION NO. 93 — APPROPRIATION FROM CONTINGENT FUND — TERMINAL PAY —
BOARD OF ELECTIONS
MOVED by Ms. Herrera, seconded by Mr. Proto. A short roll call vote resulted as follows: Ayes
— 14, Noes — 1, Excused — 1 (Legislator Sigler). RESOLUTION ADOPTED.
WHEREAS, the Board of Elections had a Deputy Commissioner resign effective January 24,
2006, and
WHEREAS, the Fiscal Policy of Tompkins County allows for terminal pay from the Contingent
Fund, now therefore be it
RESOLVED, on recommendation of the Government Operations and Budget and Capital
Committees, That the Director of Finance is hereby authorized and directed to make the following budget
appropriation:
FROM: A1990.54440 Contingent Fund $6,816
TO: A1450.51000175 Deputy Commissioner $4,903
A1450.58800 Fringes $1,913
SEQR ACTION: TYPE 1I-20
Ms. Herrera advised members of the Legislature that the Committee has held discussions
regarding an advisory board policy review, including residency requirements. The Committee will
continue with a review of advisory board policies and anticipates completion by the end of the year.
Report from the Budget and Capital Committee
Mr. Koplinka-Loehr, Chair, reminded members of the Library Budget Presentation that will take
place on June 19`11 in the Borg Warner Room of the Library. He reported that due to timing, there will be
two periods to request rollover funds; once at this month's committee meetings, and the second period
will be during the July committee meetings and to the Legislature in August. He said following the
budget retreat, discussions have been held to determine how to implement it. County Administration has
been requested to come back to the Committee with a variety of tools of how to achieve the goal, setting
the fiscal target at 0, slightly above 0, etc. He said there will be discussions of what targets to set for
departments. Ms. Robertson asked why the 2.8 percent tax levy increase wouldn't be used. Mr.
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June 6, 2006
Koplinka-Loehr explained there is an approximate $l million gap within the budget; if targets are set
below 2.8 percent it would allow more choices at budget time.
Report from the Strategic Planning Committee
Mr. Koplinka-Loehr, Chair, said the Committee has not met. At this time its work has been
handed off to the Management Team to implement.
Report from the Public Safety Committee
Mr. Booth, Vice Chair, reported the Committee met June I. He noted four topics. First, the
annual report for the Probation Department was presented by Ms. Leinthall, which has a great deal of
information to review. Second, an update on Avian Flu was provided by Ms. Cole, Public Health
Director, and Mr. Shurtleff, Emergency Response Director; emergency responders and Department Heads
will move forward with their various planning efforts. He noted that other decisions regarding the
County's potential response to an avian flu emergency that will need to be made include how to utilize
volunteers in the County work force in various emergency functions, what offices to keep open, and what
training is necessary to allow County employees to participate in emergency functions. Third, Mr. Booth
reported that construction of the communication towers will begin later this month. Fourth, he mentioned
there will eventually be a vote by the Legislature to authorize the Administration to sign a contract to
oversee the criminal justice data -sharing project. He noted it is important that the group involved be
responsible for policy and administration of this information system.
Mr. Proto spoke of the bicycling event that recently took place in the Town of Caroline and part
of Tioga County. He indicated emergency service providers, including the Sheriff's Department, were
not informed. Mr. Proto said it is his understanding that eleven incidents requiring ambulance occurred
during this event. He is concerned and would like to establish a form of communication between event
planners and emergency responders. Mr. Booth said no approval is normally required unless the
participants exceed a particular number, then only Health Department approval is required. Mr. Hattery
noted some other municipalities have permit policies in place. Mr. Stevenson stated the Town of Enfield
has a Mass Gathering ordinance that can be viewed on their website. Ms. Mackesey expressed her
concern that there is a lot of work being done by various sectors. She feels there are limited resources and
the topic should be discussed in the appropriate committee.
Mr. Proto then spoke of a recent Department of Environmental Conservation long-range plan for
the 18,000 -acre State Forest, 11,000 of which are in his district. He stated that areas of Shindagin Hollow
and Potato Hill were designated as mountain biking areas. On weekends these are highly used and due to
the terrain, small emergency responder communities find it difficult to easily reach the sites.
Mrs. McBean-Clairborne spoke of information received regarding the Red Cross Emergency
Response Presentation that will simulate an emergency drill, and she noted the report on Gang Activities
in New York is available.
Report from the Workforce Diversity and Inclusion Committee
Mrs. McBean-Clairborne, Chair, reported the Committee met May 24th and brought back the
resolution on the Diversity Statement to be included in the policy manual. Upon acceptance by the
Committee, the revised resolution and information pertaining to it will come before the Legislature.
Report from the Health and Human Services Committee
Mr. Proto, Chair, reported the Committee meets on June 7`h, with a full agenda. He called
attention to the Red Cross Emergency Response Presentation, on June 16th from 5:00 p.m. to June 17th at
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June 6, 2006
noon, at the Holy Cross Church on George Road, noting it was to simulate a small-scale windstorm in the
Town of Dryden. He thought it would be a good exercise to view the volunteers in action.
Report from the Facilities and Infrastructure Committee
Mr. Randall, Chair, reported the Committee met May 23`d. At that time information was provided
by C & S Engineers regarding an extension of the airport runway in order to meet Federal regulations
requiring 1,000 feet to allow for overrun and landing. He reported Mr. Sczesny, Highway Manager, gave
cost comparisons of last year and current year for fuel and materials. Mr. Randall reminded members that
the Highway Tour will take Place on June 13th from 1:00 p.m. to 4:00 p.m. The Committee will meet
again on June 27'1'.
Approval of Minutes
It was MOVED by Ms. Mackesey, seconded by Ms. Kiefer, and unanimously adopted by voice
vote by members present, to approve the minutes of May 16, 2006, as submitted. MINUTES
APPROVED.
Recess
Chair Joseph declared recess from 8:20 p.m. to 8:30 p.m.
Executive Session
It was MOVED by Mr. Dennis, seconded by Mr. Proto, and unanimously adopted by voice vote
by members present, to enter into executive session at 8:30 p.m. to discuss a personnel matter. The
meeting returned to open session at 9:00 p.m.
Adjournment
On motion the meeting adjourned at 9:00 p.m.
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June 20, 2006
Regular Meeting
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 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 57090 — 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 57090 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 57090 — 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.
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June 20, 2006
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 Lakes Region
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
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June 20, 2006
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 Sheriffs 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.
SEQR ACTION: TYPE 11-20
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.
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June 20, 2006
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 I3ills
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 (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
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June 20, 2006
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 5`h 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
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June 20, 2006
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.
SEQR ACTION: TYPE II -20
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.
192
June 20, 2006
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 26°i 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
193
June 20. 2006
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.
SEQR ACTION: TYPE 11 - 25
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 20`''
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.
SEQR ACTION: TYPE 11-20
194
June 20, 2006
RESOLUTION NO. 98 - ENDORSING STATE LEGISLATION 56542-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.
SEQR ACTION: TYPE II -20
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.
195
June 20, 2006
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
oppose 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.
SEQR ACTION: TYPE 1I-21, I1-27
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.
196
June 20, 2006
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 1 1.00 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.
197
June 20, 2006
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 11-20
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
198
June 20, 2006
(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:
1.0 Public Health Sanitarian (14/595), labor grade N, decrease the position and approved hours from
37.5 to 35.0 per week, and
199
June 20, 2006
1.0 Nutrition Educator (8/725), labor grade H, decrease the position and approved hours from 37 ..5 to
35.0 per week.
SEQR ACTION: TYPE 11-20
RESOLUTION NO. 102 — AUTHORIZATION TO CONTRACT WITH TOMPKINS COUNTY
AREA DEVELOPMENT FOR TOURISM CAPITAL GRANTS
PROGRAM
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 11-20
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 A2ink
Revenue Acct Title Amt Approp Acct Title
6788.44772 Federal Revenue $ 7,141 6788.51000559 Salary
200
6788.44772
6788.44772
6788.44772
6788.44772
6788.44772
6788.44772
6788.44772
Explanation:
Federal Revenue
Federal Revenue
Federal Revenue
Federal Revenue
Federal
Federal
Federal
June 20, 2006
$ 2,784 6788.58800
$ 3,487 6788.52210
$ 1,000 6788.54414
$ 298 6788.54303
Revenue $ 400 6788.52230
Revenue $13,550 6788.54400
Revenue $23,374 6788.54491
Fringes
Office Equipment
Local Mileage
Supplies
Computer Software
Program Expense
Subcontract
Revenue Increase in SPAP Program (Senior Pharmaceutical Assistance Program).
Workforce Development
Revenue Acct
Title
6292.42797
6292.42797
6292.42797
6292.42797
6292.42797
6292.42797
6292.42797
6292.42797
6292.42797
Other Government
Contributions
Other Government
Contributions
Other Government
Contributions
Other Government
Contributions
Other Government
Contributions
Other Government
Contributions
Other Government
Contributions
Other Government
Contributions
Other Government
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.
Amt Approp Acct Title
$ 8,000 6292.51000049
$ 800 6292.58800
$11,240 6292.51000503
$ 4,384 6292.58800
$20,000 6292.51000051
$10,000 6292.54432
$ 2,000 6292.54414
$25,000 6292.54400
$10,000 6292.54319
Project Assistants (2)
Fringe Benefits
Clerk Positions (2)
Fringe Benefits
JTPA Participants
Rent
Local Mileage
Program Expenses
Program Supplies
Workforce Development
Revenue Acct Title Amt Approp Acct Title
6290.44795
6290.44795
6290.44795
6290.44795
6290.44795
6290.44795
6290.44795
6290.44795
6290.44795
Explanation:
Federal Aid TANF
Federal Aid TANF
Federal Aid TANF
Federal Aid TANF
Federal Aid TANF
Federal Aid TANF
Federal Aid TANF
Federal Aid TANF
Federal Aid TANF
$29,682
$ 238
$ 500
$ 500
$ 500
$ 1,500
$ 1,000
$ 500
$ 500
6290.54491
6290.54416
6290.54430
6290.54471
6290.54472
6290.54432
6290.54419
6290.54412
6290.54414
Subcontracts
Membership Dues
Printing
Electric
Telephone
Rent
Program Expense
Travel/Training
Local Mileage
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 11-20
201
June 20, 2006
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 TERMINAL
PAY — 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: A1990.54440 Contingent Fund $27,090.22
TO: 1165.51000228 Salary, Assistant District Attorney $11,943.75
1165.51000277 Salary, Deputy District Attorney $ 7,545.62
1165.58800 Fringes $ 7,600.85
TOTAL $27,090.22
SEQR ACTION: TYPE 11-20
RESOLUTION NO. 105 - AUTHORIZATION TO ESTABLISH A USER GROUP TO GOVERN
THE CRIMINAL JUSTICE DATA COMMUNICATIONS SYSTEM
202
June 20, 2006
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 11-20
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 7°i. 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 15'''. 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 IRA's
203
June 20, 2006
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 17t meeting has been changed to August 30`x'. The next regular meeting is July
20`''
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 nroiect:
Entity
Project
2006 Allocation
The History Center: Eight Square
Schoolhouse
Detailed
Structural
Evaluation
Up to $10,000
N: TYPE II -20
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
204
June 20, 2006
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)
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.
205
July 5, 2006
Regular Meeting
Called to Order
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: 13 Legislators. (Legislator McBean-Clairborne arrived at 5:40 p.m.) Excused: 2
Legislators Booth and Kiefer).
Privilege of the Floor by the Public
Bernie Hutchins, Town of Ithaca resident, spoke of difficulty he has had regarding a right-of-way
dispute. He reiterated information provided when he attended the April 18, 2006, Legislature meeting as
well as recent correspondence and discussions with Tompkins County staff members. Mr. Hutchins
indicated he has written to the New York State Attorney General and is also seeking assistance from his
elected officials.
Privilege of the Floor by Legislators
Ms. Robertson, District No. 13 Legislator, spoke of her recent viewing of An Inconvenient Truth,
featuring Al Gore, that details information relating to global warming. She spoke of how it opened her
eyes and how many simple things such as changing light bulbs to compact fluorescent bulbs and other
easy choices can reduce carbon dioxide output. Ms. Robertson encouraged individuals to view the movie
and noted the website www.clirnatecrisis.net has many suggestions to help save the planet.
Mr. Proto, District No. 7 Legislator, extended his gratitude to William Sczesny, Highway
Manager, Lee Shurtleff, Emergency Response Director, Mr. Whittemore and Mr. Sincebaugh of the
Highway Division, and others who worked very hard during the recent flooding in the Town of Caroline.
He said representatives of the Federal Emergency Management Agency (FEMA) and State Emergency
Management Office (SEMO) have been on hand to view the damage and make a determination of
assistance. Mr. Proto thanked all County staff assisting in this emergency and noted that a former project
(Bierlli) along Six Mile Creek was successful with very little gravel going into the creek; he expressed
gratitude to Kate Hackett, Planner, for her work on the project.
Mrs. McBean-Clairborne arrived at this time.
Individual Member -Filed Resolution
RESOLUTION NO. 108 - AWARD OF TOURISM CAPITAL GRANTS FROM ROOM
OCCUPANCY TAX FUND (RESOLUTION LOST)
MOVED by Mr. Koplinka-Loehr, seconded by Ms. Herrera. Mr. Koplinka-Loehr said although
he had previously voted against the grant, he brought the matter forward for consideration due to the
amendment of the award which he believes the amount will not adversely affect the operational budget as
well as more accurately reflects the portion of the building utilized by the Convention and Visitor's
Bureau. It was noted the expansion of the building went from 4,100 sq. ft. to 6,200 sq. ft., with the
Convention and Visitor's Bureau utilizing sixty percent.
206
July 5, 2006
A roll call vote resulted as follows: Ayes — 7 (Legislators Dennis, Herrera, Koplinka-Loehr.
Robertson, Shinagawa, Sigler, and Stevenson); Noes 6 (Legislators Hattery, Joseph, Mackesey,
McBean-Clairborne, Proto, and Randall); Excused — 2 (Legislators Booth and Kiefer). RESOLUTION
FAILED.
In response to an inquiry from Mr. Proto regarding bringing forward resolutions already voted
upon, Mr. Wood, County Attorney, indicated if a resolution fails it may be brought back within the
meeting or the following meeting; if a resolution is amended and presented as new, there is no ruling on
the number of times it can be brought forward.
WHEREAS, the County has entered into an agreement with Tompkins County Area
Development (TCAD) to administer the Tourism Capital Grants Process, which included designing the
application process, reviewing and analyzing the feasibility and economic impact of tourism projects, and
providing oversight for tourism projects, and
WHEREAS, funding exists within the Room Tax Occupancy budget for Tourism Capital Grants,
WHEREAS, TCAD reviewed the following project with the Strategic Tourism Planning Board
(STPC), 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 increase the income from the Room Occupancy tax, and the grant award has been reviewed
and recommended by the STPB, now therefore be it
RESOLVED, That the County Administrator or his designee is authorized to sign all documents
related to the project:
and
Entity
Project
2006
Allocation
2007-2010
Allocation
Total
Allocation
Chamber of
Commerce
Expansion of Convention and
Visitors Bureau building
$12,000
$12,000/yr
$60,000
Kr�uLvt U, turther, That, the total program amount of $1,200 annually (10 percent of program
expenditures) shall be paid to TCAD for administrative evaluation and oversight services.
SEQR ACTION: TYPE 11-20
Report from the Chair
Mr. Joseph reported that earlier in the day he signed a declaration of public emergency that would
enable the purchase of equipment and supplies without the bidding requirement. This will apply to
particular repairs resulting from the flooding that occurred within the County. He then reported that he
received correspondence from Air Service Board member, Larry Baum, stating that the minimum
guarantee previously made in the Air Service Development Agreement with Northwest Airlines has been
reached. This means that the individuals and businesses who guaranteed funding in the event of a loss of
revenue for the airlines will not be required to provide funds.
Mr. Sigler inquired who will be the purveyor for the equipment and material needed to do the
emergency repair work. Mr. Joseph said it is unknown at this time, however, the culvert will be
purchased by Friday.
Report from the County Administrator
Mr. Whicher reported he has worked with the SEMO and FEMA representatives and it was
determined that approximately $2.2 million in damage occurred, primarily in the Town of Caroline. This
could lead to some substantial State and Federal aid for this area. In addition, Mr. Whicher reported he
has worked with a subcommittee of department heads and administration to determine how to best
operate in the event of a building closing. He will be forwarding a report prepared by LaBella on to the
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July 5, 2006
Facilities and Infrastructure Committee. Mr. Whicher said Mr. LeMaro and his staff are to be
commended for their assistance in the preparation of the report.
Report from the County Attorney
Mr. Wood reported he received an e-mail from the Governor's Council requesting comments on
the pending legislation for tax on real estate transfers. He said it is typical to receive this request, to
which he replied affirmatively, and it indicates that the legislation is proceeding.
Report from the Finance Director
Mr. Squires reported that next week he will be marketing $8.6 million in bond anticipation notes.
This issue has an interest rate of four percent, which is higher than two years ago when the interest rate
was one percent. He is hopeful that there may be competition and it will result favorably for the County.
Addition of Resolution(s) to the Agenda
There were no resolution(s) added to the agenda.
Withdrawal of Resolution(s) from the Agenda
There were no resolution(s) withdrawn from the agenda.
Approval of Resolution(s) Under the Consent Agenda
It was MOVED by Mr. Proto, seconded by Ms. Mackesey, and unanimously adopted by voice
vote by members present, to present for approval the following resolutions under the Consent Agenda:
RESOLUTION NO. 109 - BUDGET TRANSFERS — ADMINISTRATION
MOVED by Mr. Proto, seconded by Ms. Mackesey, and unanimously adopted by voice vote by
members present under the Consent Agenda.
WHEREAS, a budget transfer from personnel budget line is requested, now therefore be it
RESOLVED, on recommendation of the Government Operations Committee, That the Director
of Finance be directed to make the following budget transfers on his books:
Administration
Revenue Acct Title Amt Approp Acct Title
1230.51000318 Account Clerk/Typist $5,000 1230.52206 Computer Equipment
1230.51000318 Account Clerk/Typist $3,000 1230.52214 Office Furnishings
1230.51000318 Account Clerk/Typist $2,500 1230.54400 Program Expenses
Explanation: Our office is in need of a laptop computer and docking station for the new Deputy County
Administrator. We need to replace our color printer. Our office is in need of office furniture for the
Deputy County Administrator. Our office is working with Public Information to provide video streaming
for Legislature meetings and Internet capability for the Legislature.
SEQR ACTION: TYPE 11-20
RESOLUTION NO. 110 - AUTHORIZING A 20 -YEAR LEASE WITH EAST HILL FLYING
CLUB—ITHACA TOMPKINS REGIONAL AIRPORT
MOVED by Mr. Proto, seconded by Ms. Mackesey, and unanimously adopted by voice vote by
members present under the Consent Agenda.
208
July 5, 2006
WHEREAS, the East Hill Flying Club ("EHFC") has been a tenant in good standing at the Ithaca
Tompkins Regional Airport ("the Airport") since 1960, and
WHEREAS, the most recent lease agreement signed in 1991 by the County of Tompkins expires
on July 31, 2006, and
WHEREAS, EHFC has indicated its desire to continue to be a tenant at the Airport, and
WHEREAS, the Air Service Board has reviewed the EHFC request and thoroughly endorses a
lease renewal, and
WHEREAS, there will be an increase in the size of the leasehold from 32,905 square feet to
38,792 square feet to provide adequate parking space for EHFC aircraft, otherwise all terms and
conditions remain substantially the same, now therefore be it
RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the County
of Tompkins sign a lease agreement with EHFC for a term of twenty (20) years from August 1, 2006,
until July 31, 2026, and that the County Administrator be and hereby is authorized to sign said lease
agreement.
SEQR ACTION: TYPE 11-20
RESOLUTION NO. 111 - AWARD OF 5 -YEAR ENGINEERING CONSULTING
AGREEMENT - ITHACA TOMPKINS REGIONAL AIRPORT
MOVED by Mr. Proto, seconded by Ms. Mackesey, and unanimously adopted by voice vote by
members present under the Consent Agenda.
WHEREAS, there is an ongoing need to employ a specialized firm of engineering consultants for
various airport projects that are funded by federal and state grants, and
WHEREAS, the Federal Aviation Administration (FAA) and the New York State Department of
Transportation (NYSDOT), in recognition of the need for a thorough knowledge of the airport
environment require that engineering consultants be selected on the basis of qualifications and not by
price, and
WHEREAS, the FAA and NYSDOT recognizing the desire for continuity when completing a
series of projects, allow airport sponsors to select a firm of engineering consultants for a five-year period,
and
WHEREAS, said selection for a five-year period will allow the County, if it so chooses, to award
all FAA/NYSDOT funded engineering contracts during that time to the selected consultant without the
need to issue Requests for Qualifications (RFQs) for individual projects, and
WHEREAS, the County may also, at its option and without cause, elect to use the services of
other qualified airport engineering consultants during the five-year period, rather than the services of the
selected consultant, and
WHEREAS, a Request for Qualifications (RFQ) was issued on March 29, 2006, to the four
qualified airport engineering consultants in New York State and three responses were received, and
WHEREAS, the three sets of qualifications were reviewed by airport management and by the Air
Service Board (ASB) and the unanimous recommendation from the ASB and the airport staff is to award
the contract to C&S Engineers of Syracuse, New York, now therefore be it
RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the County
Administrator be and hereby is authorized to sign a five-year agreement for engineering services at the
Ithaca Tompkins Regional Airport with C&S Engineers, Inc., of Syracuse, New York, from July 1, 2006,
through June 30, 2011.
SEQR ACTION: TYPE 11-20
RESOLUTION NO. 112 - APPROVAL OF CONTRACT FOR TOURISM RECOGNITION
AWARDS PROGRAM
209
July 5, 2006
MOVED by Mr. Proto, seconded by Ms. Mackesey, and unanimously adopted by voice vote by
members present under the Consent Agenda.
WHEREAS, the Tompkins County Tourism Program owes its success to the alliance of tourism
partners and supporters, and
WHEREAS, the Strategic Tourism Planning Board (STPB) and the Planning, Development, and
Environmental Committee (PDEQ) wish to recognize individuals, organizations, and associations who
through their actions or activities have made an impact on the local economy by attracting conventioneers
and visitors to Tompkins County, and
WHEREAS, the STPB and the PDEQ desire to establish a recognition reward program that
includes the purchase of an engraved brick or paver for each award, and each will be placed on the
Cayuga Waterfront Trail, and
WHEREAS, there are funds available within the room tax budget for a 2006 partial year cost of
approximately $1,200, and future years' expense of approximately $2,750 annually, now therefore be it
RESOLVED, on recommendation of the Planning, Development, Environmental Quality and the
Budget and Capital Committees, That this program is favorably endorsed and that the Legislature
approves the establishment of the recognition award program,
RESOLVED, further, That upon notice of awards by the STPB, the Legislature will authorize the
County Administrator or his designee to execute an agreement with the Tompkins County Chamber of
Commerce Foundation for the purchase of up to eight Cayuga Waterfront Trail bricks or pavers for 2006
at a cost not to exceed $1,200, and up to $2,750 in future years,
RESOLVED, further, That the Finance Director is authorized to move the 2006 funds ($1,200)
from the Room Tax Reserve account into account 6475.54444.
SEQR ACTION: TYPE II -20
Report and Presentation of Resolution(s) from the Government Operations Committee
Ms. Herrera, Chair, reported the Committee will meet next on July 19th at 3:00 p.m., at which
time it will continue to have discussions regarding appointments to advisory boards. She noted there is
varied opinion of whether a member should be required to reside within the County, and that perhaps
bylaws or Legislature policy could be amended to indicate specific positions that could have a non-
resident appointment. In addition, a review of administrative policies will be taking place, with the first
review being minutes of the Legislature.
RESOLUTION NO. 113 — INCREASE IN HOURS - PARALEGAL AIDE - OFFICE OF HUMAN
RIGHTS
MOVED by Ms. Herrera, seconded by Ms. Robertson. Ms. Herrera noted this is to correctly
reflect the work that is being done within the department. A voice vote on the motion resulted as follows:
Ayes — 10; Noes — 3 (Legislators Hattery, Randall, and Sigler); Excused — 2 (Legislators Booth and
Kiefer). RESOLUTION ADOPTED.
WHEREAS, the Director of Human Rights is taking on additional duties as a Deputy County
Administrator, and
WHEREAS, the Director of Human Rights desires to maintain a reasonable level of service to the
taxpayer and can only accomplish that goal by increasing the standard work week of a Paralegal Aide
position from 17.5 hours per week to 35 hours per week, and
WHEREAS, such a change would be beneficial to the organization and would result in no change
to the budget, now therefore be it
RESOLVED, on recommendation of the Government Operations and Budget and Capital
Committees, That the approved hours for one position of Paralegal Aide (10-619) shall be increased from
17.5 hours per week to 35.0 hours per week effective immediately.
210
SEQR ACTION: TYPE 11-20
July 5, 2006
RESOLUTION NO. 114 — URGING PRESIDENT BUSH TO STOP WARRANTLESS
SURVEILLANCE OF AMERICANS AND TO FOLLOW THE
FOREIGN INTELLIGENCE SURVEILLANCE ACT
MOVED by Ms. Herrera, seconded by Ms. Robertson. Mr. Sigler said he would like to have the
resolution withdrawn as he believes there is a great deal of case law indicating the actions of the President
are legal. In addition, he believes the matter should not be discussed at the County level, but rather
allowing the matter to be left to the Federal courts, as the Supreme Court Justices are more qualified.
It was MOVED by Mr. Sigler, seconded by Mr. Hattery, to table the resolution. A voice vote on
the motion resulted as follows: Ayes — 6 (Legislators Hattery, Proto, Randall, Sigler, Shinagawa, and
Stevenson); Noes — 7 (Legislators Dennis, Herrera, Joseph, Koplinka-Loehr, Mackesey, McBean-
Clairborne, and Robertson); Excused — 2 (Legislators Booth and Kiefer). MOTION LOST.
Mr. Sigler then provided written material to defend his position regarding the legality of
surveillance measures. Mr. Shinagawa wanted to make it known that it had been his intention to vote no
on the motion to table the resolution. Ms. Herrera noted the resolution passed by a three to two margin at
Committee and believed it was good to discuss the differences of opinion. Ms. Mackesey disagreed with
Mr. Sigler that the matter should be left to the Federal government and believes every American should
speak out against matters they believe to be wrong. Ms. Mackesey recalled the laws were developed due
to wrongful actions and she is appalled at what is presently occurring. She said as a citizen, we have an
obligation to express our opinion and displeasure when necessary and pass it along. Ms. Robertson
agreed with Ms. Mackesey's statements and spoke of a recent Congressional hearing where Attorney
General Alberto Gonzales was quoted as citing that many Presidents have used electronic surveillance,
including Washington, Lincoln, and Roosevelt. Ms. Robertson pointed out the case law cited in Mr.
Sigler's presentation was prior to the passage of FISA in 1989. She believes that the resolution includes
language that is appropriate and will support it.
It was MOVED by Mr. Stevenson, seconded by Mr. Shinagawa, to call the question. A voice
vote resulted as follows: Ayes — 9 (Legislators Dennis, Herrera, Koplinka-Loehr, Mackesey, McBean-
Clairborne, Randall, Robertson, Shinagawa, and Stevenson); Noes — 4 (Legislators Hattery, Joseph, Proto,
and Sigler); Excused — 2 (Legislators Booth and Kiefer). MOTION CARRIED.
A voice vote on the resolution resulted as follows: Ayes - 9 (Legislators Dennis, Herrera,
Joseph, Koplinka-Loehr, Mackesey, McBean-Clairborne, Randall, Robertson, and Shinagawa); Noes 4
(Legislators Hattery, Proto, Sigler, and Stevenson); Excused — 2 (Legislators Booth and Kiefer).
RESOLUTION ADOPTED.
WHEREAS, the welfare and security of all residents of Tompkins County depends upon the
maintenance of a vigorous democracy under law, in which the branches of government work effectively
and cooperatively together, and
WHEREAS, the Fourth Amendment of the United States Constitution states: "The right of the
people to be secure in their persons, houses, papers, and effects, against unreasonable searches and
seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or
affirmation, and particularly describing the place to be searched, and the persons or things to be seized,"
and
WHEREAS, the Foreign Surveillance Act of 1989 (FISA) regulates electronic surveillance within
the United States, with the goal of striking a proper constitutional balance between protection of civil
liberties and safeguarding national security, and
211
July 5, 2006
WHEREAS, FISA provides a legal mechanism for the United States government to engage in
surveillance of a foreign power or of an agent of a foreign power in instances when it is likely that the
surveillance will acquire the contents of a communication with a United States -based person, and
WHEREAS, FISA and specified provisions of the federal criminal code spell out the exclusive
means by which electronic surveillance may be conducted, and federal law makes criminal any electronic
surveillance not authorized by statute, and
WHEREAS, FISA provides specific exceptions that allow the President to authorize warrantless
electronic surveillance for foreign intelligence purposes in emergency situations, provided an application
for judicial approval from a FISA court is made within seventy-two hours and within fifteen calendar
days following a declaration of war by Congress, and
WHEREAS, President Bush has directed the National Security Agency (NSA) to conduct secret
and warrantless electronic surveillance of persons within the United States without any plausible legal
authority for such surveillance, and this appears to be in direct violation of FISA and the Fourth
Amendment to the United States Constitution, and
WHEREAS, those actions diminish the rule of law and do not enhance national security, now
therefore be it
RESOLVED, on recommendation of the Government Operations Committee, That the Tompkins
County Legislature, on behalf of all residents of Tompkins County supports the vigorous pursuit and
prosecution of persons and organizations that plan terrorist acts anywhere in the world,
RESOLVED, further, That the Tompkins County Legislature calls upon the President to abide by
the limitations that the Constitution imposes on the Executive branch under our system of checks and
balances and to respect the essential roles of the Legislative branch and the Judicial branch in ensuring
that our national security is protected in a manner consistent with constitutional guarantees,
RESOLVED, further, That the Tompkins County Legislature opposes President Bush's order to
the National Security Agency to intercept telephone and e-mail exchanges between the United States and
overseas without court authorization, as required under FISA, and to engage in warrantless wiretapping of
calls within the United States,
RESOLVED, further, That the Tompkins County Legislature requests the President to
immediately direct the NSA to observe FISA's requirements, and urges the President if he believes that
FISA is inadequate to safeguard national security, to seek appropriate amendments or new legislation
rather than acting without explicit statutory authorization,
RESOLVED, further, That the Tompkins County Legislature urges all County government
agencies and each County person and business entity that receives a request to cooperate in the electronic
surveillance of a person with the United States to first obtain assurance from the state or federal
government agency making the request that it is lawful under FISA or applicable provisions of the federal
criminal code,
RESOLVED, further, That the Tompkins County Legislature requests that the New York State
Attorney General assist, and if needed, intervene on behalf of, any Tompkins County resident who is
asked to cooperate in the electronic surveillance of a person within the United States when such person
was unable to receive an assurance that the request is lawful under FISA or applicable provisions of the
federal criminal code,
RESOLVED, further, That the Tompkins County Legislature urges Congress to conduct a
comprehensive and open investigation to determine: (a) the nature and extent of electronic surveillance
of U.S. persons conducted by any U.S. government agency for foreign intelligence purposes that does not
comply with FISA; (b) what basis or bases were advanced for the legality of such surveillance; (c)
whether Congress was properly informed of and consulted as to the surveillance; (d) the nature of the
information obtained as a result of the surveillance; (e) whether the surveillance information collected
was retained or shared with other agencies; and (f) whether this information was used in legal proceedings
against any U.S. citizen or resident,
RESOLVED, further, That the Tompkins County Legislature urges Congress to thoroughly
review and make recommendations concerning the intelligence oversight process, and urges the President
to ensure that the House and Senate are fully and currently informed of all intelligence operations as
required by the National Security Act of 1947,
212
July 5, 2006
RESOLVED, further, That the Tompkins County Legislature directs the Clerk of the Legislature
to send a copy of this resolution to President George W. Bush, U.S. Attorney General Alberto Gonzales,
U.S. Senate Majority Leader Bill Frist, Senator Charles Schumer, Senator Hillary Clinton, Congressman
Maurice Hinchey, Congressman John R. Kuhl, members of the New York Congressional Delegation, and
to State Attorney General Elliot Spitzer.
SEQR ACTION: TYPE II -20
RESOLUTION NO. 115 - APPROVAL OF BECOMING A MEMBER OF THE TOMPKINS
COUNTY COUNCIL OF GOVERNMENTS (TCCOG) AND
APPOINTMENT TO THE TCCOG
MOVED by Ms. Herrera, seconded by Ms. Mackesey. Ms. Herrera said this resolution speaks to
the formation of a Council of Governments that would provide a way to collaborate and develop
efficiencies in local governments. Mr. Joseph said that the bylaws will be developed and brought forward
by those who sign on. At this time the Town of Ithaca has approved a resolution, and it was believed that
Ulysses, as well as the Town of Groton had, with other communities having placed it on agendas. Mr.
Joseph noted all have been desiring amendments of the bylaws so it was decided not to include them as
part of the resolution. It does not appear that any municipality is adverse to a Council of Governments.
The Council will be replacing the Intermunicipal Cooperation meetings, not the Municipal Officers
Association. A voice vote resulted as follows: Ayes 13; Noes —0; Excused — 2 (Legislators Booth and
Kiefer). RESOLUTION ADOPTED.
WHEREAS, the Tompkins County Intermunicipal Steering Committee has been meeting to
discuss ways the local governments could work together to reduce costs to the residents, and
WHEREAS, the Committee has learned that other Counties have created a Council of
Governments made up of local officials, and
WHEREAS, the Tompkins County Council of Governments is intended to be an association of
local governments organized to provide a forum of discussion, study, and negotiation leading to
agreements for a more efficient, improved, and/or less costly delivery of government services, and
WHEREAS, the County of Tompkins desires to be a member of the Tompkins County Council of
Governments, now therefore be it
RESOLVED, on recommendation of the Government Operations Committee, That the County of
Tompkins does hereby approve becoming a member of the Tompkins County Council of Governments,
RESOLVED, further, That Tim Joseph is appointed as the voting member and Martha Robertson
as the alternate member.
SEQR ACTION: TYPE 11-20
Report and Presentation of Resolution(s) from the Budget and Capital Committee
Mr. Koplinka-Loehr, Chair, reported the Committee met on June 26, 2006, with most items
appearing on the agenda. He referred to a preliminary draft calendar for the Expanded Budget Committee
meetings and asked that members of the Legislature review the schedule and comment on any potential
conflicts. In addition, Mr. Koplinka-Loehr said there will be an informal Public Information meeting
mid-September with a Public Hearing scheduled for the second Tuesday in November.
Mr. Proto announced the Tompkins County Area Transportation (TCAT) budget information
meeting will take place on Wednesday, July 19`x' at noon.
RESOLUTION NO. 116 - BUDGET ADJUSTMENT AND APPROPRIATION OF UNSPENT
GENERAL FUNDS FROM 2005 TO VARIOUS ACCOUNTS
213
July 5, 2006
MOVED by Mr. Koplinka-Loehr, seconded by Ms. Mackesey, and unanimously adopted by
voice vote by members present. RESOLUTION ADOPTED.
WHEREAS, various departments have been certified by the Director of Finance to have unspent
appropriations and excess revenues from 2005 resulting in a surplus of $808,028 on the County's books
as of December 31, 2005, and
WHEREAS, pursuant to County Fiscal Policy, surplus funds have been requested for use in the
amount of $328,197 in the current year budget, now therefore be it
RESOLVED, on recommendation of the Health and Human Services, Planning, Development
and Environmental Quality, Public Safety, Government Operations, Facilities and Infrastructure, and
Budget and Capital Committees, That the following transactions are approved:
BUDGET APPROPRIATION:
FROM: General Fund Balance $ 328,197
TO:
Sheriff's Office - Jail: 3 new vehicles 3150.52231 84,000
Sheriff's Office - Jail: Increased fuel costs 3150.54306 15,000
Sheriff's Office - Jail: Janitorial supplies and food 3150.54342 20,000
Sheriff's Office - Jail: Various program supplies 3150.54319 12,000
Sheriff's Office - Jail: money for labor & benefits -assist with
costs of injured & disabled staff 3150.51000406 12,855
Sheriff's Office - New vehicle
Sheriff's Office - New light bars
Sheriff's Office - Increased fuel costs
3113-52231
3113-52220
3113-54306
25,000
9,000
3,896
$143,855
$37,896
County Clerk - microfilming civil papers; inventory and
microfilming (historic papers)
County Clerk - archives grant completion (tax maps)
County Clerk - purchasing Targe format plotter printer
County Clerk - backfilling of instruments and maps into EDMS
1410.54442
1410.54442
1410.54442
1410.54442
18,500
13,043
11,094
22,000
$64,637
Legislature - computer software
Legislature - Personnel -Salary for re -class
Legislature - office supplies
Legislature - Personnel - Fringe for re -class
1040.52230
1040.51000355
1040.54303
1040.54303
753
2,611
904
1,018
Planning - plotter
Planning - Renter Survey and Capital Reserve Fund
Planning Flood hazard mitigation
8020.52206 6,000
8020.54400 18,323
8027.54400 2,500
Probation - computer equipment
Probation - computer software
3142.52206
3142.52230
1,000
2,000
$5,286
$26,823
County Attorney- Deputy County Attorney - 2005 re -class
County Attorney- Printer
County Attorney- Computer software
County Attorney- Fax Machine
County Attorney- Books
County Attorney- Equipment
1420.51000262
1420.52206
1420.52230
1420.52222
1420.54332
1420.52220
3,162
1,600
300
550
208
180
214
$3,000
$6,000
July 5, 2006
Assessment Department — Jeep Liberty 1355.52231 14,000
$14,000
County Administration — Salaries 1230.51000 25,500
$25,500
Weights and Measures— testing equipment 3630.52220 1,200
$1,200
SEQR ACTION: TYPE 11-20
RESOLUTION NO. 117 - ESTABLISHMENT OF GUIDELINES AND FISCAL TARGETS FOR
ALL COUNTY BUDGETING UNITS FOR THE PREPARATION OF
THE 2007 BUDGET
MOVED by Mr. Koplinka-Loehr, seconded by Mrs. McBean-Clairborne. Mr. Koplinka-Loehr
provided an overview of the Committee work that produced the resolution. He indicated the fiscal target
contains all salary and fringe costs for 2007, less two percent, which may result in more over -target
requests from departments; he had suggested a one percent figure. Mr. Koplinka-Loehr referred to a
handout from County Administration that provided several different scenarios. Mr. Whicher indicated
that since he initially developed the various scenarios there have been additional items to bear in mind.
The first is that preliminary information indicates $400,000 more in requests than was used to develop the
scenarios; and, if the current trend continues with jail board -outs, there is the possibility of $750,000 costs
also not included in the initial budget. Two positive items are that the Medicaid base numbers came in as
predicted and sales tax revenues are coming in over budget. Mr. Whicher said in any case the budget
process would require an overall review of program cuts/reductions in order to get to a 2.8 percent tax
levy increase. He indicated that his proposal and Scenario "C" may be better balanced in that it cuts into
negotiated salary rather than programs. It may result in over -target requests rather than program
reductions. Mr. Whicher explained various options he may be considering and indicated that he would be
attempting to make reductions that would have as little impact as possible on programs.
It was MOVED by Mr. Koplinka-Loehr, seconded by Ms. Herrera, to amend the resolution to
include the following language as outlined in Scenario "C": For all County departments, fiscal targets
shall be equal to the amount approved in the 2006 adopted budget, plus the 2007 negotiated salary
increase (excluding associated fringe costs) for the department's bargaining units. He indicated this
would increase the fiscal target by only the negotiated salary increases. Mr. Proto indicated that this
scenario allows for one more percent of spending while staying within the fiscal target and therefore he
cannot support the amendment. In addition, he spoke of the passage of the resolution regarding rollover
requests and noted perhaps we should have waited to act upon it until the guidelines and fiscal targets
were set. The discussion continued regarding how the various scenarios would effect departments and the
overall budget. Ms. Mackesey felt it was important to maintain programs this year and complete a
program review over the next year by the newly hired Deputy County Administrators. Mr. Whicher
confirmed that he intends to have the program performance review next year. He also reaffirmed that by
having the fiscal target set through the proposed resolution amendments it is then up to the departments to
determine how to develop their budget within the boundaries set.
Following discussion, a voice vote on the motion to amend resulted as follows: Ayes — 11, Noes
— 2 (Legislators Mackesey and Proto), Excused — 2 (Legislators Booth and Kiefer). AMENDMENT
CARRIED.
A voice vote on the resolution as amended resulted as follows: Ayes — 12, Noes — 1 (Legislator
Proto), Excused — 2 (Legislators Booth and Kiefer). RESOLUTION ADOPTED.
WHEREAS, the Tompkins County Fiscal Policy specifies that a fiscal target is the maximum
amount of general revenue spending authority that a department head or program director may request
215
July 5, 2006
without initiating an Over -Target Request, and changes in fiscal targets should be communicated to
department heads and program directors as timely as possible in order for them to submit their budget
requests by August 2, 2006, and
WHEREAS, already -negotiated salary increases will require more than a three percent increase in
department salary and fringe expenses, and
WHEREAS, the Tompkins County Legislature wishes to establish targets in order for
departments and agencies to submit their 2007 budget requests, now therefore be it
RESOLVED, on recommendation of the Budget and Capital Committee, That fiscal targets for all
budgeting units for preparation of the 2007 budget are hereby established as follows:
1. For not-for-profit agency grants, fiscal targets shall be equal to the amount approved in the 2006
adopted budget —not including one-time funding nor any funds re -appropriated from previous years.
2. For Towns and Villages applying for reimbursement for County -wide services, and for Human
Service and Criminal Justice agencies receiving reimbursement pursuant to the Sales Tax Agreement
between the County and City of Ithaca, fiscal targets shall be equal to the current year appropriation
not including one-time funding nor adjustments for prior years.
3. For all County departments, fiscal targets shall be equal to the amount approved in the 2006 adopted
budget, plus the 2007 negotiated salary increase (excluding associated fringe costs) for the
department's bargaining units. In addition, department fiscal targets shall not include one-time
funding nor any funds re -appropriated from previous years.
SEQR ACTION: TYPE II -20
Report from the Pubic Safety Committee
Mrs. McBean-Clairborne, Chair, reported the Committee will meet July 6t1i at 3:00 p.m. The
discussion will include former Legislator Michael Lane's suggestion of taking up the possibility of a joint
jail with Cortland County. Mr. Dennis inquired whether there is any potential for a joint venture with
Cortland County due to their bond ratings. Mr. Squires said that Cortland County's concern is their
constitutional tax margin and debt margin; additional debt would provide more capacity and therefore
would be more of an incentive to enter into indebtedness.
Report from the Workforce Diversity and Inclusion Committee
Mrs. McBean-Clairborne, Chair, reported the Committee met June 28t11 at which time a discussion
occurred regarding the Diversity Policy Guidelines that accompany the Diversity Policy Statement acted
upon previously. The guidelines will go to the Personnel Committee for approval. The next meeting will
take place July 26th.
Report from the Health and Human Services Committee
Mr. Proto, Cham Tuan, reported the Committee met on June 291h to review Health Department fees
for Public Water Supplies. At the meeting the members of the Committee responded to information
provided by Bolton Point's attorney, Mr. Barney, who suggested a different method to determine the fee.
There is a legal action pending determination on July 7t1i. Following the review the Committee reaffirmed
the present fee structure. Mr. Proto then reported the Committee held its regular meeting earlier in the
day, at which time they heard information regarding the youth transportation survey, Timothy's Law, and
acted upon resolutions that will be forthcoming. At the meeting a brief report was provided regarding the
WIC audit that is now complete. The State audit requested review of 5,643 records from 1999 to 2005; of
the requested number 5,459 were located with 92 percent having supporting data.
Mr. Shinagawa was excused at this time (7:05 p.m.).
216
July 5, 2006
Mr. Proto said Jan Morgan, Director of Nursing Services program at Tompkins Cortland
Community College, shared information with the Committee on the current program and discussed
possibilities of expanded services to meet the need of the community in health care fields. Ms. Joan
Murphy and Ms. Betty Falcao will be contacted to provide additional information regarding areas that can
use assistance. The next meeting will occur on August 2°`1.
Report from and Presentation of Resolution(s) from the Facilities and Infrastructure Committee
Mr. Randall, Chair, reported the Committee met on June 27th and received information on the
PAR forms for the Public Works Division. This information on requested capital projects will be
reviewed and brought back to the Committee for action. Mr. Oeschle of the State Court system attended
the meeting to review the space needs for the courts and indicated the need for additional space,
particularly the area presently occupied by the Office for the Aging. Mr. Randall said Solid Waste
Division spoke of a desire to have a Reuse Center and plans to bring additional information and proposals
forward in August.
RESOLUTION NO. 118 - AUTHORIZING THE FILING OF AN APPLICATION FROM NEW
YORK STATE FOR THE HOUSEHOLD HAZARDOUS WASTE
(HHW) STATE ASSISTANCE PROGRAM AND SIGNING OF THE
ASSOCIATED STATE CONTRACT, UNDER THE APPROPRIATE
LAWS OF NEW YORK STATE
MOVED by Mr. Randall, seconded by Ms. Mackesey. In response to a question, it was noted
Ms. Kiefer's "no" vote at Committee was due to format, not content. A voice vote resulted as follows:
Ayes 12, Noes 0, Excused 3 (Legislators Booth, Kiefer, and Shinagawa). RESOLUTION
ADOPTED.
WHEREAS, the State of New York provides financial aid for household hazardous waste
programs, and
WHEREAS, Tompkins County, herein called the MUNICIPALITY, has examined and duly
considered the applicable laws of the State of New York and the MUNICIPALITY deems it to be in the
public interest and benefit to file an application under these laws, and
WHEREAS, it is necessary that a Contract by and between THE PEOPLE OF THE STATE OF
NEW YORK, herein called the STATE, and the MUNICIPALITY be executed for such STATE aid, now
therefore be it
RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the filing
of an application in the form required by the State of New York in conformity with the assurances
contained in said application is hereby authorized,
RESOLVED, further, That the Tompkins County Solid Waste Manager or her designee is
directed and authorized as the official representative of the MUNICIPALITY to act in connection with
the application and to provide such additional information as may be required and to sign the resulting
contract if said application is approved by the STATE,
RESOLVED, further, That the MUNICIPALITY agrees that it will fund the entire cost of said
household hazardous waste program and will be reimbursed by the State for the State share of such costs,
RESOLVED, further, That five (5) certified copies of this resolution be prepared and sent to the
New York State Department of Environmental Conservation (NYSDEC) together with a complete
application,
RESOLVED, further, That this resolution shall take effect immediately.
SEQR ACTION: TYPE 11-20
Report and Presentation of Resolution(s) from the Planning, Development and Environmental
Quality Committee
217
July 5, 2006
Ms. Robertson, Chair, reported the Committee met briefly prior to the meeting to act upon the
resolution being presented. The next regular meeting will occur on July 20th when a resolution regarding
the Industrial Development Agency density policy will be reviewed. Ms. Robertson spoke of the Scenic
Inventories Survey being completed as part of the County's Comprehensive Plan. Submissions of
"favorite areas" will be accepted until July 31st, with determinations of appropriate inclusion to occur by
September. The intent is to utilize the information for future planning. Mr. Marx noted it could call
attention to an area that is scenic but has poor access; perhaps with proper planning with municipalities it
could be made available to the public.
Mr. Proto spoke of his previous concern regarding the Cayuga Waterfront Trail, in particular,
Common Council's plan to move ahead with eminent domain steps. He spoke of constituent concerns
relating to the possible loss of a driving lane to become a walk/bicycle lane. Mr. Proto said he is
concerned and feels the County should keep current and be aware of the project.
RESOLUTION NO. 119 - AUTHORIZATION TO EXECUTE A RURAL MICROENTERPRISE
LOAN FOR MATT COOPER FURNITURE DESIGNS FROM THE
ECONOMIC DEVELOPMENT REVOLVING LOAN FUND
MOVED by Ms. Robertson, seconded by Mr. Proto. Ms. Robertson said this grant is funded
from an initial grant program requiring repayment in order to utilize funds for future loans of this nature.
The initial program was recently expanded to allow eligibility to include rural microenterprises. Mr.
Cooper heard of the program through the Alternatives Federal Credit Union; it is designed for low-
income individuals and other specific criteria that he met. Mr. Proto indicated some revisions to the
program are being made; future information will be available within the next month. Ms. Robertson also
indicated that part of the criteria is that expansion/assistance would not affect other local entrepreneurs.
A voice vote resulted as follows: Ayes 12, Noes — 0, Excused — 3 (Legislators Booth, Kiefer, and
Shinagawa). RESOLUTION ADOPTED.
WHEREAS, the Tompkins County Economic Development Revolving Loan Fund was expanded
in 2004 to provide low interest loans to small businesses (microenterprise businesses), and
WHEREAS, these loans are made using repaid U.S. Department of Housing and Urban
Development Small Cities Community Development Block Grant funds targeted for economic
development activities, and
WHEREAS, the Tompkins County Economic Development Revolving Loan Fund Oversight
Committee reviewed an application and proposal for a construction and equipment loan to Matt Cooper
Furniture Designs to establish a custom wood furnishing business in the Town of Danby, and
WHEREAS, the Oversight Committee has fully assessed the ability of Matt Cooper to make
timely payments on monies loaned from the Revolving Loan Fund, and
WHEREAS, supporting economic development efforts that expand rural income opportunities is
a policy supported by the Tompkins County Comprehensive Plan, now therefore be it
RESOLVED, on recommendation of the Planning, Development, and Environmental Quality
Committee, That the County is hereby authorized to sign a Loan Agreement with Matt Cooper Furniture
Designs,
RESOLVED, further, That the County Administrator be authorized to sign all documents related
to this loan, and that the County Finance Director be authorized to adjust the budget in the following
manner:
REVENUES: 8693.44700 Repaid Econ. Dev. Loans $25,000
EXPENSES: 8693.54400
SEQR ACTION: TYPE II -7, II -25
Program Expense $25,000
218
July 5, 2006
Report from the Personnel Committee
Mr. Dennis, Chair, reported the Committee will meet on July 1211i
Adjournment
The meeting adjourned at 7:25 p.m.
July 18, 2006
Regular Meeting
Called to Order
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: 14 Legislators. Excused: 1 (Legislator Koplinka-Loehr).
Privilege of the Floor by the Public
No member of the public wished to speak.
Presentation of Distinguished Youth Award
Mr. Randall, District No. 9 Legislator, presented the July, 2006 Distinguished Youth Award to
thirteen -year-old Charles Whitsell of Groton. Charles was nominated by Viola Fitzgerald of Groton
Youth Services, who praised him for being an extremely civic -minded young man who volunteers with
the Groton Farmers Market, Groton's Helping Hands Program, beautification, and other programs,
dedicating many positive services to his community.
Privilege of the Floor by Legislators
Ms. Herrera, District No. 5 Legislator, spoke of a meeting she had with her personal attorney for
the purpose of creating a Last Will and Testament. She said she had to get things written into her Will
because there are rights and responsibilities she is not allowed to have under the current law because she
is not permitted to marry her partner. Today, the Federal Marriage Amendment was defeated in the
House by a large margin. She said if she were in the hospital for some reason, her partner would not be
allowed to visit her under the HIPPA Law unless she provides written permission that says she is
permitted and that document is accepted by the Hospital and recognized by that State. Ms. Herrera said
some of the rhetoric she heard in some of the floor debates was staggering in its lack of acknowledgement
of the moral values this country was founded on having to do with freedom and justice. She said this is a
local -and national -level issue and is thankful to those in the House, some of whom are facing terrific re-
election pressures, for standing up and for fairness and freedom today.
Mr. Stevenson, District No. 8 Legislator and liaison to the History Center, reported
Matt Braun, Executive Director of the History Center, is currently in Los Angeles at the 2006 Museum
Leadership Institute at the Getty Center. This is a leading professional development program for
decision -makers, and is an intensive and highly competitive three-week course. Mr. Braun is there with
directors from museums such as the Smithsonian Institute and the Art Institute of Chicago. Mr.
Stevenson said he has been impressed with the Board and leadership of the History Center and feels it is
in good hands with Mr. Braun as Executive Director.
Mr. Proto, District No. 7 Legislator, reported on the American Cancer Society's Walk for Life
event that took place over the past weekend in Lansing and stated it was well attended. However, as a
result of the weather, the closing ceremony will take place on July 20th at Ithaca College.
Ms. Robertson, District No. 13 Legislator, reported there was another demonstration today of the
election voting machines by one of the vendors who is presenting it's machine to be certified in New York
State. One more session will take place tomorrow at the Borg Warner Room at the Public Library. She
220
July 18, 2006
said it has been interesting to see the machines and try them out, as well as listen to the comments by
members of the public.
Report from the Chair
Mr. Joseph reported last weekend the County's Dragon Boat team defeated the City's team and
captured the trophy dragon. Mr. Joseph thanked all of the individuals who helped sponsor the boat
financially and who helped paddle. He recognized Kathy Luz Herrera, Anita Fitzpatrick, and Karen
Fuller for helping in the organization of the County's team.
Mrs. McBean-Clairborne acknowledged the entire community for their participating in the
Dragon Boat Race and thanked everyone for coming out to support this effort. One of the things she took
away from this was there were a number of the top Dragon Boat racing teams from across the country
here in Tompkins County and who were very pleased by the hospitality shown to them by Tompkins
County residents.
Mr. Whicher thanked Mr. Joseph for his leadership with this event and for making it a fun
experience to be a part of. He presented Mr. Joseph with a certificate thanking him for his participation in
the event.
Report from the County Administrator
Mr. Whicher requested an executive session to discuss collective bargaining. He reported the
Office for the Aging Director search is moving forward and he expects a final decision will be made
before the end of August.
Mr. Whicher recognized Marcia Lynch, Public Information Coordinator, who began employment
with Tompkins County last week.
Report from the County Attorney
Mr. Wood had no report.
Report from the Finance Director
Mr. Squires reported on the County's bond -anticipation note sale that was held last week and said
the County received a rate of 3.63 percent on a bond sale of $8.6 million. He said this is an astounding
rate and the rates have not been this low since March. Mr. Squires attributes this to the County's strong
financial statements and reputation in the financial community. The auditors will be present at the next
Budget and Capital Committee meeting to provide a report on the County's Audit; a summary of the
Audit will be distributed to Legislators this week. Mr. Squires reported on sales tax for the second
quarter of 2006 and stated the June distribution was down, noting it was less than June, 2005. However,
the overall sales tax receipts for 2006 are still $.5 million over budget.
Mr. Proto stated that Mr. Squires should be complimented for his good work and role in
Tompkins County receiving such a good bond rating.
Addition of Resolution(s) to the Agenda
There were no resolution(s) added to the agenda.
Withdrawal of Resolution(s) from the agenda
221
July 18, 2006
There were no resolution(s) withdrawn from the agenda.
Approval of Resolution(s) Under the Consent Agenda
It was MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice vote by
members present, to approve the following resolution(s) under the Consent Agenda:
RESOLUTION NO. 120 — CREATION OF A PETTY CASH ACCOUNT — JAIL
MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice vote by
members present under the Consent Agenda.
WHEREAS, the Tompkins County Jail is required to transport inmates to other county
correctional facilities whenever the Tompkins County Jail is at maximum limit authorized for inmate
housing, and
WHEREAS, the transport of inmates frequently involves out-of-pocket expenses for the custody
and care of transporting inmates such as meals and auto expenses, and
WHEREAS, reimbursement for such expenses can be accommodated most efficiently through a
designated Petty Cash Account, now therefore be it
RESOLVED, on recommendation of the Public Safety and the Budget and Capital Committees,
That the Tompkins County Legislature approves and does hereby create a five hundred dollar ($500.00)
petty cash for Account Number A12103150.
SEQR ACTION: TYPE 11-20
Approval of Appointment(s) Under the Consent Agenda
It was MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice vote by
members present, to approve the following appointment(s) under the Consent Agenda:
Criminal Justice Advisory/Alternatives-to-Incarceration Board - terms expire December 31, 2008
Julia P. Hughes - Assigned Counsel Program representative
Gino Bush - Ex -offender representative
Report and Presentation of Resolution(s) from the Budget and Capital Committee
Ms. Mackesey, Vice Chair, reported the Committee met last week and among other items,
discussed the proposed scheduled for the Expanded Budget Committee meetings. She asked that
Legislators review Draft No. 3 and provide input as soon as possible.
RESOLUTION NO. 121 — AUTHORIZING A PUBLIC HEARING ON PROPOSED LOCAL
LAW NO. 1 - A LOCAL LAW AUTHORIZING A TAX ON REAL
ESTATE TRANSFERS
MOVED by Ms. Mackesey, seconded by Mr. Booth.
Mr. Joseph provided a history on the County's Transfer Tax. He stated two years ago this
Legislature discussed a Mortgage Recording Tax. At that time, an argument in support of the proposal
was put forth that the Mortgage Recording Tax was an alternative to the property tax. An argument
against the Mortgage Recording Tax was that it is still a tax on property and it was felt by some
Legislators that this particular tax makes it more difficult for a first-time homebuyer to make the first step
in purchasing a home.
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July 18, 2006
The following year a proposal came back before this Legislature to adopt a Real Estate Transfer
Tax. The main difference between the two taxes is that the Transfer Tax is paid by the seller and the
Mortgage Recording Tax is paid by the buyer. That meant that the person who had to pay the Transfer
tax was someone who was getting money versus someone who is paying money out. He said that
argument was enough to gain enough votes to approve a Transfer Tax and that resulted in inclusion of
revenue from a Real Estate Transfer Tax in the 2006 budget.
A resolution was adopted that asked for permission from the State for Tompkins County to have
the authority to adopt this tax. At the present time the State Legislature has granted Tompkins County's
request; however, the Legislation has not yet been signed by the Governor. Once the Governor signs the
bill Tompkins County will need to adopt a local law implementing it. This is where the process stands at
the present time. Although this resolution only sets a public hearing, Mr. Joseph feels this is the
appropriate time to decide whether or not to move forward with this. He encouraged any Legislator who
opposes the Transfer Tax not to support the calling of a public hearing.
Ms. Herrera said although the Transfer Tax will generate additional revenue, she does not support
the creation of any additional tax.
Mr. Sigler said although he does not support the Real Estate Transfer Tax, he supports holding a
public hearing for the purpose of hearing what the public has to say about an important issue. He said he
hopes many people, including real estate agents, will attend the public hearing and speak about this topic.
Mr. Proto said regardless of at what point an individual decides to sell their home, he does not
support adding a new tax. He said when someone sells a home, this tax could end up being buried in the
sale price of the home; therefore, the buyer may end up paying a portion or all of this tax. Mr. Proto said
he would like the County to give more careful examination of County expenses and to live within its
financial parameters.
Ms. Robertson said she supports a Real Estate Transfer Tax because in a sense it is a one-time
tax, compared to an additional ongoing burden placed on the property tax. She said that adoption of this
tax does not mean that this Legislature will not be giving serious consideration to cost-cutting in areas of
the County's budget. She said the Transfer Tax is expected to generate approximately $600,000 in
annual income, which is the equivalent of two percent on the property tax levy.
Mr. Whicher noted this income was included in the 2007 budget revenue.
Mr. Booth urged his colleagues to support the Transfer Tax. He said the real property tax rate is
under tremendous pressure and the County does not have many taxation alternatives to raise revenues.
He agrees that this Legislature has to work hard in controlling County spending.
Mr. Randall said he cannot support imposing an additional burden on taxpayers as he works in
the housing trades and also serves as a member of the First-time Homebuyer Program.
Ms. Mackesey said she supports holding a public hearing because she has not made up her mind
on this issue and would like to listen to public input.
A voice vote resulted as follows: Ayes - 8 (Legislators Booth, Dennis, Joseph, Kiefer, Mackesey,
McBean-Clairborne, Robertson, and Shinagawa); Noes - 6 (Legislators Hattery, Herrera, Proto, Randall,
Sigler, and Stevenson); Excused - 1 (Legislator Koplinka-Loehr). RESOLUTION ADOPTED.
WHEREAS, the Tompkins County Legislature requested that the State Legislature adopt
legislation authorizing the Tompkins County Legislature to adopt a local law imposing a tax on real estate
transfers, now therefore be it
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July 18, 2006
RESOLVED, on recommendation of the Budget and Capital Committee, That a public hearing be
held on August 1, 2006, at 5:30 o'clock in the evening thereof in the Legislature's Chambers of the
Tompkins County Courthouse, 320 North Tioga Street, Ithaca, New York concerning proposed Local
Law No. 1 - A Local Law Authorizing a Tax on Real Estate Transfers. At such time and place all persons
interested in the subject matter will be heard concerning the same,
RESOLVED, further, That the Clerk of the Legislature be and hereby is directed to place such
notice of public hearing in the official newspaper of Tompkins County.
SEQR ACTION: TYPE 11-20
Report and Presentation of Resolution(s) from the Public Safety Committee
Mrs. McBean-Clairborne, Chair, reported the Committee met on July 6 and received an update
from the Department of Emergency Response on efficiency systems that are taking place in the
Department. Mr. Shurtleff talked about a new initiative in the Department which involves emergency
medical dispatch that is geared at providing information to callers in the event of a medical emergency
until help arrives. The Committee will receive a presentation on this at a future meeting. The Committee
heard a report from the Sheriff on inmate phone charges at the Jail. Julia Hughes, Program Coordinator
of the Assigned Counsel Program, and Bill Furniss, a local attorney, spoke of the ability inmates have to
speak with many attorneys and agencies at no charge. They said this is a very useful to all of those
involved and hopes it will continue. It was also noted that there are few if any other jails that allow this
to happen. The Sheriff was asked to provide more detailed information on the phone charges and has
done so since the meeting.
The Committee also discussed the former Civilian Review Board that oversaw complaints
received in regard to the Sheriffs Office. This item was postponed to a future meeting so that Legislator
Kiefer could be in attendance.
The Committee discussed a request by former Legislator Michael Lane on the joint jail study that
was conducted a few years ago by this Legislature. Mr. Joseph provided members with an overview and
conclusions of that study and following a discussion the Committee did not wish to pursue looking at this
again.
Ms. Hughes, Assigned Counsel Program Coordinator, informed the Committee that she is looking
for new space as the Department has outgrown its current space and has also experienced some security
issues in its current location.
RESOLUTION NO. 122 — APPROPRIATION FROM CONTINGENT FUND FOR TERMINAL
PAY — DISTRICT ATTORNEY
MOVED by Mrs. McBean-Clairborne, seconded by Mr. Hattery. A short roll call vote resulted as
follows: Ayes - 14, Noes - 0, Excused - 1 (Legislator Koplinka-Loehr). RESOLUTION ADOPTED.
WHEREAS, the District Attorney had two employees terminate employment: one Assistant
District Attorney, effective June 15, 2006, and one Secretary, effective March 3, 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: A1990.54440 Contingent Fund $4,149.29
TO: 1165.51000228 Salary, Assistant District Attorney $2,139.77
1165.51000330 Salary, Secretary $ 845.33
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July 18, 2006
1165.58800 Fringes $1,164.19
TOTAL $4,149.29
SEQR ACTION: TYPE 11-20
RESOLUTION NO. 123 — APPROPRIATION FROM CONTINGENT FUND — CORRECTIONS
CONTRACT SETTLEMENT
MOVED by Mrs. McBean-Clairborne, seconded by Mr. Hattery. A short roll call vote resulted as
follows: Ayes - 14, Noes - 0, Excused - 1 (Legislator Koplinka-Loehr). RESOLUTION ADOPTED.
WHEREAS, Resolution No. 89 of 2006 authorized ratification of a three-year agreement with
Correction Officers Local 2062, and
WHEREAS, the 2006 Budget did not allocate funds within the Jail Budget for salary adjustments,
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
appropriation:
FROM: A1990.54440 Contingent Fund $200,855
TO: A3150.51000406 Correctional Officer $124,200
A3150.51000411 Corrections Sgt $ 14,400
A3150.51000421 Head Cook $ 3,600
A3150.51000403 Cook $ 2,300
A3150.58800 Fringes $ 56,355
SEQR ACTION: TYPE 11-20
Report from the Workforce Diversity and Inclusion Committee
Mrs. McBean-Clairborne, Chair, reported the Committee has not met since the last Legislature
meeting. At the next meeting on July 26 the Committee will discuss its marketing plan for its diversity
effort. She reported Tompkins County is unveiling its Diversity Plan and will be inviting the public to
attend an event and to be informed that Tompkins County is serious about this and wants the public
involved. Mrs. McBean-Clairborne said the Committee will also be working on the bylaws for a
permanent Workforce Diversity and Inclusion Advisory Committee. This Committee will replace the
Community Affirmative Action Committee that has been inactive for several years.
Report and Presentation of Resolution(s) from the Health and Human Services Committee
Mr. Proto, Chair, said the Committee has met twice since the last Legislature meeting. He alerted
Committee members that the Board of Health heard a presentation from John Andersson, Director of
Environmental Health, on a water -well monitoring program that is similar to the one the County has on
septic systems. This is a new program that is intended to generate its own income. Mr. Proto said this
will be coming before the Health and Human Services Committee at a future meeting. Mr. Proto said he
continues to work on scheduling a meeting with regard to the Human Services Coalition's request to
invite several agencies in to speak to the Committee. The next meeting will be August 2nd.
RESOLUTION NO. 124 — ABOLISHING VARIOUS HEALTH DEPARTMENT POSITIONS
MOVED by Mr. Proto, seconded by Ms. Mackesey. The version approved by the Health and
Human Services Committee included one position of Dental Hygienist; however, subsequent to that
meeting some Legislators felt that position should not be part of this resolution as it was felt that is an
important position and it is hoped that there will be funds to support that position in the future. There was
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July 18, 2006
also no objection from the Department to that position being removed from the list. A voice vote resulted
as follows: Ayes - 14, Noes - 0, Excused - 1 (Legislator Koplinka-Loehr). RESOLUTION ADOPTED.
WHEREAS, the Tompkins County Health Department has identified several vacant positions for
which there is no longer a need, and
WHEREAS, deletion of these extraneous positions will make record keeping easier and more
accurate, now therefore be it
RESOLVED, on recommendation of the Health and Human Services and the Budget and Capital
Committees, That the following positions in the Tompkins County Health Department are hereby
abolished effective immediately:
Administrative Assistant (12-535) 17.5 hours per week, Position Identification Number 477,
created by Resolution No. 123 of 2002,
Case Manager - PHCP (12-686) 35 hours per week, Position Identification Number 494, created
by Resolution No. 109 of 1991,
Clerk (4-503) 17.5 hours per week, Position Identification Number 529, created by Resolution
No. 88 of 2001,
Community Health Nurse (15-580)
created by Resolution No. 384 of 1988,
Community Health Nurse (15-580) 35 hours
created by Resolution No. 39 of 1994,
Community Health Nurse (15-580)
created by Resolution No. 247 of 1996,
Community Health Nurse (15-580)
created by Resolution No. 1 80 of 1986,
County Clinical Nurse Trainee (14-706) 35 hours per week, Position Identification Number 1171,
created by Resolution No. 243 of 1992,
Data Entry Machine Operator (6-509) 35 hours per week, Position Identification Number 1172,
created by Resolution No. 200 of 1987,
Health Aide (8-654) 11.7 hours per week, Position Identification Number 1173, created by
Resolution No. 406 of 1991,
Keyboard Specialist (5-507) 21 hours per week, Position Identification Number 1174, created by
Resolution No. 201 of 1994,
Marketing/Media Specialist (11-651) 35 hours per week, Position Identification Number 1175,
created by Resolution No. 171 of 1988,
Medical Social Worker (13-628) 17.5 hours per week, Position Identification Number 1180,
created by Resolution No. 290 of 1999,
Nutrition Aide (8-524) 35 hours per week, Position Identification Number 465, created by
Resolution No. 310 of 1994,
Nutrition Aide (8-524) 35 hours per week, Position Identification Number 508, created by
Resolution No. 80 of 1981,
Public Health Technician (11-554) 35 hours per week, Position Identification Number 534,
created by Resolution No. 209 of 1986,
Public Health Technician (11-554) 35 hours per week, Position Identification Number 512,
created by Resolution No. 209 of 1986,
Senior Account Clerk Typist (9-529) 17.5 hours per week, Position Identification Number 1188,
created by Resolution No. 204 of 1993,
Senior Clerk (7-518) 10.2 hours per week, Position Identification Number 1189, created by
Resolution No. 268 of 2000,
Senior Clerk (7-518) 35 hours per week, Position Identification Number 533, created by
Resolution No. 100 of 1980,
Senior Clerk (7-518) 35 hours per week, Position Identification Number 476, created by
Resolution No. 232 of 1990,
35 hours per week, Position Identification Number 1170,
per week, Position Identification Number 1191,
17.5 hours per week, Position Identification Number 531,
21 hours per week, Position Identification Number 463,
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July 18, 2006
Tuberculosis Physician (87-265) 35 hours per week, Position Identification Number 532, created
by Resolution No. 382 of 1988.
SEQR ACTION: TYPE 11-20
RESOLUTION NO. 125 — APPROPRIATION FROM CONTINGENT FUND — TERMINAL PAY
— HEALTH DEPARTMENT
MOVED by Mr. Proto, seconded by Mrs. McBean-Clairborne. A short roll call vote resulted as
follows: Ayes - 14, Noes - 0, Excused - 1 (Legislator Koplinka-Loehr). RESOLUTION ADOPTED.
WHEREAS, the Health Department had a Public Health Sanitarian retire effective May 19, 2006,
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 Health and Human Services and Budget and Capital
Committees, That the Director of Finance is hereby authorized and directed to make the following budget
appropriation:
FROM: A1990.54440 Contingent Fund $ 7,905
TO: A4090.51000595 Public Health Sanitarian $ 5,687
A4090.58800 Fringes $ 2,218
SEQR ACTION: TYPE 11-20
and
Report from the Facilities and Infrastructure Committee
Mr. Randall, Chair, reported the Committee has not met since the last Legislature meeting. He
announced there will be a demonstration on August 10th at Bakers Acres concerning agriculture plastic
film baling and urged everyone to attend and learn more about this. The next meeting will be July 25th at
3 p.m.
Ms. Robertson expressed her appreciation to John Lampman and William Sczesny of the
Highway Division for their presentation on the Ellis Hollow Road Reconstruction project and for
answering many questions from the public.
Report from the Planning, Development, and Environmental Quality Committee
Ms. Robertson, Chair, reported the Committee has not met since the last Legislature meeting.
Report and Presentation of Resolution(s) from the Personnel Committee
Mr. Dennis, Chair, reported at the last meeting the Committee discussed the Emergency Pool.
This subject will be brought back to the Committee in October along with a plan and recommendation.
The next meeting will be August 9th.
RESOLUTION NO. 126 - APPROVAL OF TOMPKINS COUNTY DIVERSITY POLICY
GUIDELINES
MOVED by Mrs. McBean-Clairborne, seconded by Mr. Dennis. Mr. Proto said he cannot
support this resolution because he thinks the current Affirmative Action Plan that is on file can be
changed and adapted without creating an additional layer of government. He said he stands by his
support for the Human Rights Commission and the work Legislator McBean-Clairborne and the
Workforce Diversity and Inclusion Committee has done.
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July 18, 2006
Mr. Hattery said he has concerns with the areas of the guidelines in which responsibilities for the
County Administrator were added.
A voice vote resulted as follows: Ayes - 12, Noes - 2 (Legislators Hattery and Proto), Excused -
1 (Legislator Koplinka-Loehr). RESOLUTION ADOPTED.
WHEREAS, the Tompkins County Legislature adopted the Tompkins County Diversity
Statement under Resolution No. 126, dated July 5, 2005, and
WHEREAS, Tompkins County Departments have requested an expanded Diversity Statement
from the Workforce Diversity and Inclusion Committee to assist department managers in carrying out
County diversity efforts with respect to recruitment, retention and promotion as well as to ensure that
diversity is valued by each and every employee within the County, and
WHEREAS, the Workforce Diversity and Inclusion Committee has developed a comprehensive
Diversity Statement outlining the purpose, goals, strategies, and expectations for consideration, now
therefore be it
RESOLVED, on recommendation of the Workforce Diversity and Inclusion and the Personnel
Committees, That the Diversity Policy Guidelines shall be as follows:
DIVERSITY STATEMENT
Tompkins County government is committed to creating a diverse and fully inclusive workplace that
strengthens our organization and enhances our ability to adapt to change by developing and maintaining:
an organization -wide understanding and acceptance of the purpose and reasons for diversity; recruitment
and retention policies that assure a diverse workforce; a workplace environment that is welcoming and
supportive of all; awareness, understanding and education regarding diversity issues; zero tolerance for
expressions of discrimination, bias, harassment, or negative stereotyping toward any person or group; and
a workforce ethic that embraces diversity and makes it the norm for all interactions, including delivery of
services to the public.
I. PURPOSE
A. Tompkins County government shall foster an organizational culture of inclusion and full
representation in every County department in which:
1. Groups, as well as individuals, are appreciated for their uniqueness and treat each other with
respect;
2. Employees understand and appreciate the heritage and culture of many different groups and
are responsive to the uniqueness of each individual as well as the community that the workforce
serves;
3. Individuals reach beyond their own experience to appreciate and work effectively with people
who are not similar in values and backgrounds; and,
4. All employees reach their full potential in pursuit of organization objectives and goals.
B. Tompkins County government shall strive to reflect in the Tompkins County workforce the multi-
cultural community that it serves. As an organization we must look beyond that which is promulgated in
our local law, Tompkins County Law 6-1991, as amended in 2004, and recognize that valuing diversity
requires both a change in the way we do business and how we interact with each other. Valuing diversity
requires changes in policies and practices to the point of changing the culture of our county organizations.
C. Tompkins County government acknowledges and accepts that a diverse workforce provides
advantages both internally, in terms of the human resources potential offered by a variety of perspectives,
and externally, in increasing the County's ability to serve and be served by an equally diverse community.
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July 18, 2006
In order to treat people fairly and provide equal opportunity, County departments must seek out and learn
from the different perspectives and values that characterize diverse employees and clients.
II. GOALS
A. Build on the foundation of equality of opportunity and diversity, and embrace these concepts as
necessary to ensure fair representation and treatment of diverse employees and the multi -cultural
community we serve.
B. Establish a strategic plan to promote an organizational culture that values diversity in every County
department.
C. Ensure equal employment and promotional opportunities for all members of our diverse workforce.
D. Create an organizational culture that fosters accountability for learning about, appreciating, and
respecting employee differences and promoting openness to multiple perspectives.
E. Make diversity a core organizational value, one that is practiced and communicated at all levels of
county government and the workforce.
F. Conduct employee education sessions regarding: respecting the individuality of others by creating an
openness to the experience of others; generating awareness of personal perceptions; imparting knowledge
of diversity attributes, and by teaching skills to apply cultural concepts in everyday working behaviors.
G. Hold all managers accountable for demonstrating leadership in promoting an organizational culture
that values diversity.
H. Involve and encourage union leadership in promoting an organizational culture that values diversity.
1. Ensure that awareness of diversity issues is a regular part of daily functioning that is internalized by all
County Personnel.
111. STRATEGY
Workplace cultures usually require people to conform to the style historically dominant in the
organization. In contrast, with an increasingly diverse workforce and community, the County must assess
its culture and identify policies and practices that both help and hinder the inclusion of a wide range of
employees and the culturally sensitive provision of services to the community.
A. The County must move further toward a culture of inclusion, thereby increasing the consciousness and
appreciation of differences associated with the heritage, characteristics, and values of many different
groups, as well as increasing the respect for the uniqueness of each individual.
1. Tompkins County will strive for a pluralistic workforce in an effort to be more responsive to
the service needs of the community.
2. For the County to continue to provide competent and quality services, we must acknowledge
the changing demographics and recognize the impact on the way we do business. In order to be
effective, we will identify the needs of the public and how they view the services we provide.
3. It is imperative that we recruit, hire, and retain highly capable and productive employees into
the County. To do this, we need to attract all qualified individuals, ensure that employees are
acknowledged for their contributions, and encourage employees to achieve their full potential.
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July 18, 2006
4. We must create programs that address diversity issues and include the full participation and
involvement of managers, supervisors, union leadership, and employees representative of the
many different groups that make up the County workforce.
B. Valuing diversity can have a synergistic effect as the total workforce of Tompkins County
becomes greater than the sum of its parts. With this strategy guiding our actions, we will be
ready to face the challenges of the 21s1 Century.
IV. EXPECTATIONS
The Tompkins County Legislature expects that departments will develop opportunities to draw on the
diverse skills, energies, abilities, knowledge, and perspectives of all employees in order to create a
climate of a more open, flexible, responsive, and responsible work environment — where people can
achieve their full potential, thus becoming more efficient and productive.
For these expectations to be realized, we must:
1. Assess organizational culture with respect to valuing diversity.
2. Involve managers, supervisors, union leaders, employees, and community members in the
development and implementation of the diversity program.
3. Implement new open and inclusive practices and policies for the workplace.
4. Provide annual diversity training to develop new skills for managers, supervisors, union
leaders, and employees.
5. Appreciate and encourage non-traditional approaches to employment, e.g, flexible work
schedules.
6. Achieve an inclusive work environment for all employees.
7. Work through tensions and conflict or cultural clashes toward respectful and productive
resolution.
8. Provide a mentoring and formal development program for all employees.
9. Create a checks and balances system, wherein each level of recruiting, hiring, transfer and
promotion is reviewed and improved upon when necessary.
10. Enforce existing recruitment, retention and promotion policies created to assure a diverse
workforce, including active participation by the entire workforce.
V. RESPONSIBILITIES
1. The Commissioner of Personnel will continue to track the interviewing, hiring, transfer,
promotion and discharge of all personnel in order to ensure the achievement and maintenance of
diversity within the Tompkins County workforce.
2. The Commissioner of Personnel and the Tompkins County Human Rights Commission will
monitor complaints and ensure that there is zero tolerance for discrimination, bias, harassment, or
negative stereotyping toward any person or group. After a thorough investigation, if
discrimination is found, disciplinary action will be taken as outlined by Civil Service law or the
appropriate collective bargaining agreement, or if any one act of discrimination or bias by any
one individual is so egregious, there exists the potential for possible law enforcement action.
3. The County Administrator shall assemble a small team, including the Commissioner of
Personnel and a member(s) of the appropriate legislature committee dealing with diversity to
evaluate annually each Department's approach to incorporate the County's diversity and cultural
goals and action plans. In addition, this group/team shall be responsible for evaluating each
Department Head's ability to initiate, manage, and be accountable for cultural change and
effectiveness in achieving those goals.
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July 18, 2006
4. On an annual basis, in consultation with the appropriate legislature committee dealing with
diversity, the County Administrator shall recognize Departments that achieve their diversity
goals. The County Administrator, or his/her designee, in consultation with appropriate legislature
committee responsible for diversity will work with Departments whose diversity goals were not
met, to develop a corrective action plan that will be presented, discussed, and acted upon with all
employees within the department.
SEQR ACTION: TYPE II -20
Report from the Government Operations Committee
Ms. Herrera, Chair, reported the Committee will meet tomorrow at 3 p.m.
Announcement
Mr. Proto reminded Legislators that a presentation will take place tomorrow at noon at the Transit
Facility on the TCAT (Tompkins Consolidated Area Transit) budget.
Approval of Minutes
It was MOVED by Mr. Booth, seconded by Ms. Mackesey, and unanimously adopted by voice
vote by members present, to approve the minutes of the June 20 and July 5, 2006, meetings as corrected.
MINUTES APPROVED.
Recess
Chair Joseph declared recess from 6:35 p.m. to 6:45 p.m.
Executive Session
It was MOVED by Mr. Dennis, seconded by Ms. Robertson, and unanimously adopted by voice
vote by members present, to enter into executive session at 6:45 p.m. to discuss collective bargaining.
It was MOVED by Ms. Herrera, seconded by Mr. Shinagawa, and unanimously adopted by voice
vote by members present, to add to the agenda the resolution entitled Acceptance of Fact Finding Report
from the Public Employment Relations Board, Sheriff's Employee Union.
Ms. Kiefer was excused at 6:55 p.m.
The following actions were taken in executive session:
RESOLUTION NO. 127 - ACCEPTANCE OF FACT-FINDING REPORT FROM THE PUBLIC
EMPLOYMENT RELATIONS BOARD, SHERIFF'S EMPLOYEE
UNION
MOVED by Ms. Herrera, seconded by Mr. Dennis. It was MOVED by Mr. Sigler, seconded by
Mr. Booth, to amend the resolution and reject the Fact Finder recommendation of inclusion of Resolution
No. 180 of 1963 in the collective bargaining agreement. A voice vote resulted as follows on the
amendment: Ayes — 7 (Legislators Booth, Hattery, McBean-Clairborne, Proto, Randall, Robertson, and
Sigler); Noes — 6 (Legislators Dennis, Herrera, Mackesey, Stevenson, Shinagawa, and Joseph); Excused —
2 (Legislators Kiefer and Koplinka-Loehr). MOTION FAILED.
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July 18, 2006
A voice vote on the original resolution resulted as follows: Ayes — 6 (Legislators Dennis,
Herrera, Mackesey, Shinagawa, Stevenson, and Joseph); Noes — 7 (Legislators Booth, Hattery, McBean-
Clairborne, Proto, Randall, Robertson, and Sigler); Excused — 2 (Legislators Kiefer and Koplinka-Loehr).
RESOLUTION LOST.
WHEREAS, members of the Employees Union of the Tompkins County Sheriff's Department
have been working without a contract since March 1, 2004, and
WHEREAS, negotiations between the County and the Union for a successor collective bargaining
agreement began on or about February 10, 2004, followed by additional bargaining sessions and a joint
Fact Finding and Interest Arbitration hearing on February 10, 2006 (PERB Case No. M2004-335), and
WHEREAS, following the February 10, 2006 joint Fact Finding and Interest Arbitration hearing,
the State of New York Public Employment Relations Board, represented by Dennis J. Campagna, has
submitted its Fact Finding Report and Recommendation to the County and the Union, and
WHEREAS, a standard successor collective bargaining agreement with the Employees Union of
the Tompkins County Sheriff's Department would cover the period of March 1, 2004 to February 28,
2006; and it is in the best interest of the County to negotiate a collective bargaining agreement that
coincides with the termination of other employee agreements on December 31, 2007, now therefore be it
RESOLVED, That the Tompkins County Legislature hereby accepts the Fact Finding Report and
Recommendation by the State of New York Public Employment Relations Board (PERB Case No.
M2004-335), contingent on the following changes:
Contract
Year
Term
Increase
1
March 1, 2004 - February 28, 2005
4.25%
2
March 1, 2005 - February 28, 2006
3.50%
3
March 1, 2006 - December 31, 2006
3.50%
4
January 1, 2007 - December 31, 2007
3.50%
1. Civil Division/Clerical Titles: (pg. 7)
Modify Chart as follows:
2. Longevity (pg. 8) Chart and increments as set forth except -
Years of
Effective
Effective
Effective
Effective
Service
3/1/04
3/1/05
3/1/06
1/1/07
20-24
$700
$720
$740
$760
25 or more
$900
$920
$940
$960
3. Personal Days (pg. 14) — 5 days per year accumulating to a maximum of 10 days.
Use and current procedure for use as is plus personal leave accrual may be used to pay for health
insurance in retirement.
4. VEBA (pg. 15) — Correction of Fact Finder recommendation (employee contributions to fund).
5. Prescription Drug Program (pg. 9) — Correction of Fact Finder recommendation ($5/$15/$25).
SEQR ACTION: TYPE I1-20
It was MOVED by Mr. Sigler, seconded by Ms. Robertson, to approve the following resolution.
A voice vote resulted as follows: Ayes — 4 (Legislators McBean-Clairborne, Robertson, Sigler, and
Joseph); Noes — 9 (Legislators Booth, Dennis, Herrera, Hattery, Mackesey, Proto, Randall, Shinagawa,
and Stevenson); Excused — 2 (Legislators Kiefer and Koplinka-Loehr). MOTION FAILED.
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July 18, 2006
RESOLUTION NO. - ACCEPTANCE OF FACT FINDING REPORT FROM THE PUBLIC
EMPLOYMENT RELATIONS BOARD, SHERIFF'S EMPLOYEE
UNION
WHEREAS, members of the Employees Union of the Tompkins County Sheriff's Department
have been working without a contract since March 1, 2004, and
WHEREAS, negotiations between the County and the Union for a successor collective bargaining
agreement began on or about February 10, 2004, followed by additional bargaining sessions and a joint
Fact Finding and Interest Arbitration hearing on February 10, 2006 (PERB Case No. M2004-335), and
WHEREAS, following the February 10, 2006 joint Fact Finding and Interest Arbitration hearing,
the State of New York Public Employment Relations Board, represented by Dennis J. Campagna, has
submitted its Fact Finding Report and Recommendation to the County and the Union, and
WHEREAS, a standard successor collective bargaining agreement with the Employees Union of
the Tompkins County Sheriff's Department would cover the period of March 1, 2004 to February 28,
2006; and it is in the best interest of the County to negotiate a collective bargaining agreement that
coincides with the termination of other employee agreements on December 31, 2007, now therefore be it
RESOLVED, That the Tompkins County Legislature hereby accepts the Fact Finding Report and
Recommendation by the State of New York Public Employment Relations Board (PERB Case No.
M2004-335), contingent on the following changes:
1. Civil Division/Clerical Titles: (pg. 7)
Modify Chart as follows:
Contract
Year
Term
Increase
1
March 1, 2004 - February 28, 2005
4.25%
2
March 1, 2005 - February 28, 2006
3.50%
3
March 1, 2006 - December 31, 2006
3.50%
4
January 1, 2007 - December 31, 2007
3.50%
2. Longevity (pg. 8) — Chart and increments as set forth except -
Years of
Effective
Effective
Effective
Effective
Service
3/1/04
3/1/05
3/1/06
1/1/07
20-24
$700
$720
$740
$760
25 or more
$900
$920
$940
$960
3. Personal Days (pg. 14) — 5 days per year accumulating to a maximum of 10 days.
Use and current procedure for use as is plus personal leave accrual may be used to pay for health
insurance in retirement.
4. VEBA (pg. 15) — Correction of Fact Finder recommendation (employee contributions to fund).
5. Prescription Drug Program (pg. 9) — Correction of Fact Finder recommendation ($5/$15/$25).
6. Reject the Fact Finder recommendation of the inclusion of Resolution No. 180 of 1963 in the
collective bargaining agreement.
SEQR ACTION: TYPE I1-20
It was MOVED by Mrs. McBean-Clairborne, seconded by Ms. Mackesey, and unanimously
adopted by voice vote by members present, to reconsider Resolution No. 127. A voice vote resulted as
follows on the resolution: Ayes — 7 (Legislators Dennis, Herrera, Mackesey, McBean-Clairborne,
233
July 18, 2006
Shinagawa, Stevenson, and Joseph). Noes — 6 (Legislators Booth, Hattery, Proto, Randall, Robertson,
and Sigler). Excused — 2 (Legislators Kiefer and Koplinka-Loehr). RESOLUTION FAILED.
Mr. Stevenson was excused at 8:48 p.m.
Adjournment
On motion and duly seconded, the meeting adjourned on a day-to-day basis at 9:12 p.m. A voice
vote resulted as follows on adjourning the meeting: Ayes — 9 (Legislators Booth, Hattery, Herrera,
Mackesey, McBean-Clairborne, Proto, Robertson, Stevenson, and Joseph); Noes — 4 (Legislators Dennis,
Randall, Shinagawa, and Sigler); Excused — 2 (Legislators Kiefer and Koplinka-Loehr). MOTION
CARRIED.
234
July 19, 2006
Adjourned Meeting
Called to Order
The meeting was called to order at 5:09 p.m.
Roll CaII of Members Present
Present: 13 Legislators (Legislator Hattery arrived at 5:15 p.m.); Excused: 2 (Legislators
Koplinka-Loehr and Proto).
Executive Session
It was MOVED by Ms. Herrera, seconded by Mr. Shinagawa, and unanimously adopted by voice
vote by members present, to hold an executive session to discuss collective bargaining. An executive
session was held at 5:09 p.m. and returned to open session to adjourn at 6:12 p.m.
The following actions were taken in executive session:
RESOLUTION NO. 127 - ACCEPTANCE OF FACT FINDING REPORT FROM THE PUBLIC
EMPLOYMENT RELATIONS BOARD, SHERIFF'S EMPLOYEE
UNION
It was MOVED by Ms. Robertson, seconded by Ms. Mackesey, to reconsider Resolution No. 127.
A voice vote resulted as follows on the motion to reconsider: Ayes — 11; Noes — 1 (Legislator Sigler);
Excused 3 (Legislators Hattery, Koplinka-Loehr, and Proto). MOTION CARRIED.
Mr. flattery arrived at this time.
It was MOVED by Ms. Kiefer, seconded by Mr. Booth, to add the following language as a new
number 3 in the Resolved and renumber the remaining paragraphs as appropriate: "3. Health Insurance
Upon Retirement (pg. 11) — No change in current arrangement." A voice vote on the amendment resulted
as follows: Ayes 3 (Legislators Booth, Kiefer, and Sigler); Noes 10; Excused — 2 (Legislators
Koplinka-Loehr and Proto). MOTION FAILED.
A voice vote on the resolution resulted as follows: Ayes — 8 (Legislators Dennis, Herrera,
Mackesey, McBean-Clairborne, Robertson, Shinagawa, Stevenson, and Joseph); Noes 5 (Legislators
Booth, Hattery, Kiefer, Randall, and Sigler); Excused 2 (Legislators Koplinka-Loehr and Proto).
RESOLUTION ADOPTED.
WHEREAS, members of the Employees Union of the Tompkins County Sheriff's Department
have been working without a contract since March 1, 2004, and
WHEREAS, negotiations between the County and the Union for a successor collective bargaining
agreement began on or about February 10, 2004, followed by additional bargaining sessions and a joint
Fact Finding and Interest Arbitration hearing on February 10, 2006 (PERB Case No. M2004-335), and
WHEREAS, following the February 10, 2006, joint Fact Finding and Interest Arbitration hearing,
the State of New York Public Employment Relations Board, represented by Dennis J. Campagna, has
submitted its Fact Finding Report and Recommendation to the County and the Union, and
WHEREAS, a standard successor collective bargaining agreement with the Employees Union of
the Tompkins County Sheriff's Department would cover the period of March 1, 2004, to February 28,
2006; and it is in the best interest of the County to negotiate a collective bargaining agreement that
coincides with the termination of other employee agreements on December 31, 2007, now therefore be it
235
July 19, 2006
RESOLVED, That the Tompkins County Legislature hereby accepts the Fact Finding Report and
Recommendation by the State of New York Public Employment Relations Board (PERB Case No.
M2004-335), contingent on the following changes:
1. Civil Division/Clerical Titles: (page 7)
Modify Chart as follows:
Contract
Year
Term
Increase
1
March 1, 2004 - February 28, 2005
4.25%
2
March 1, 2005 - February 28, 2006
3.50%
3
March 1, 2006 - December 31, 2006
3.50%
4
January 1, 2007 - December 31, 2007
3.50%
Longevity (page 8) — Chart and increments as set forth except -
Years of
Effective
Effective
Effective
Effective
Service
3/1/04
3/1/05
3/1/06
1/1/07
20-24
$700
$720
$740
$760
25 or more
$900
$920
$940
$960
3. Personal Days (page 14) — 5 days per year accumulating to a maximum of 10 days.
Use and current procedure for use as is plus personal leave accrual may be used to pay for health
insurance in retirement.
4. VEBA (page 15) — No change in current VEBA arrangement.
5. Prescription Drug Co -Pay (page 9) — Correction of Fact Finder recommendation ($5/$15/S25).
SEQR ACTION: TYPE I1-20
Adjournment
On motion, the meeting adjourned at 6:12 p.m.
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August 1, 2006
Regular Meeting
Public Hearing — Proposed Local Law No. 1 of 2006 — A Local Law Authorizing a Tax on Real
Estate Transfers
Chair Joseph called a public hearing to order at 5:30 p.m. concerning proposed Local Law No. 1
of 2006 — A Local Law Authorizing a Tax on Real Estate Transfers, and asked if any member of the
public wished to speak. He noted action on the resolution will be postponed pending the Governor's
signature.
The following e-mail was received by the Legislature from Richard Anderson, 1030 Hanshaw
Road, regarding the public hearing: " I will be out of town on Tuesday, August 1, so I am writing you to
express my position on the proposed transfer tax increase. Owners selling their home already pay $4
per thousand of value in transfer taxes, but I am aware that the County Legislature is considering an
increase of 50 to 100 percent in that burden. This proposal unfairly targets a specific population of
Tompkins County residents, and considering that some families are forced to sell their home because of
exceedingly high property taxes, adding on more taxes is an insult to injury. I am opposed to any increase
in transfer tax or real estate property tax. The county must make adjustments in expenditures rather than
continually reaching into the property owners pockets."
Dick Patterson, President of the Ithaca Board of Realtors, presented the Legislature with a
petition signed by the members of his organization and spoke against the proposed local law. Mr.
Patterson said it would be a hidden tax that would be passed on to the buyers and could make homes less
affordable for first-time homebuyers. In addition, he stated that buyers are concerned with property taxes,
which are at times two to three times the amount they presently pay in other areas of the county. Mr.
Patterson asked personally and professionally that the Legislature not adopt the Local Law Authorizing a
Tax on Real Estate Transfers.
Chris Vann, President of the New York State Association of Realtors, spoke on behalf of his
association and self, requesting that the Legislature not adopt the Local Law Authorizing a Tax on Real
Estate Transfers. He spoke of three particular types of clients that the law would adversely affect: (1) an
elderly individual having to sell their home because they could no longer afford to remain there, (2) a
first-time home -buyer who would have to pay more to allow the seller the profit desired, and (3) an
individual who will choose to live in another County rather than pay another form of property tax. Mr.
Vann asked Legislators to have courage and vote against the law.
No one else wished to speak and the public hearing was closed at 5:37 p.m.
Pledge of Allegiance to the Flag and Roll Call of Members
Members and guests participated in the Pledge of Allegiance to the Flag.
Present: 14 Legislators. Excused: 1 (Legislator Sigler).
Privilege of the Floor by the Public
Lee Shurtleff, Director of Emergency Response, provided information relating to the heat
warnings for the next several days issued by the National Weather Service. Steps have been taken to
provide public service announcements on how to avoid heat -associated problems. In addition, various
organizations have been contacted to determine what resources could be made available. Mr. Shurtleff
announced the Red Cross will be manning a 24-hour ``cooling center" at the Ithaca High School, and that
other buildings throughout the county could be utilized if proven necessary. His department has
anticipated additional calls due to the heat and various emergency/medical services have staffed
237
August 1, 2006
accordingly. With regard to utilities, he reported there are no serious concerns at this time and usage will
continue to be monitored. Mr. Shurtleff noted that with the flooding earlier in the month as well as the
present situation, the Emergency Management Plan developed appears to be working well, and leveraging
limited resources through partnering has been effective. Mrs. McBean-Clairbome announced that there
will be an additional cooling station located at the Greater Ithaca Activities Center from 5:30 p.m. — 10:00
p.m. this evening. Ms. Robertson inquired about monitoring elderly individuals and was informed by Mr.
Shurtleff that his department is requesting that agencies and individuals monitor clients, family members,
and neighbors during the excessive heat.
Brigid Hubberman, Executive Director of the Family Reading Partnership, spoke of the
Partnership, noting it is a grassroots, community -wide effort with a vision to weave knowledge and
inspiration through the use of children's books to provide an interest in reading. Ms. Hubberman
informed the Legislature that the Partnership provides books free of charge and has an extensive
campaign to bring about awareness of the importance of reading. In addition, she spoke of the Family
Reading Partnership having been given national attention. The members of the Legislature were provided
a copy of Jim Trelease's book The Read -Aloud Handbook that provides information on how to read aloud
to children; which includes information on the Family Reading Partnership. Ms. Hubberman asked for
continued support of the Partnership's efforts and noted that the Triad foundation has provided funding to
assist in providing books to public and educational libraries.
Michael Lane, Dryden resident, former Legislator and member of the Industrial Development
Agency, stated he and former Legislator Peter Penniman authored an article recommending the density
policy be abolished. He spoke of the Cayuga Green project's difficulties and noted initially there were
divided votes at the IDA regarding the project; now the project is being reconfigured. Mr. Lane said the
resolution appears to be the result of wanting to appease individuals not pleased with the present policy;
there are many good things in it, however when put together, will not be workable. Mr. Lane said he
believes that the density policy developed five years ago to invigorate downtown is not needed any more.
In addition, other municipalities within the County would not require a density policy. Mr. Lane
requested that members of the Legislature not support the resolution.
Privilege of the Floor by Legislators
Mr. Proto, District No. 7 Legislator, reported that former Tompkins County Civil Engineer, Jim
Kazda, recently took third place in the Empire State Games long jump event as well as winning in another
event during the games. In addition, as noted by Mr. Proto and Mr. Booth, Town of Ithaca Board
member Herbert Engman received a first place in the 800 and 1500 meter 60-64 age group during the
games.
Mr. Dennis, District No. 15 Legislator, stated he has a letter relating to the Family Reading
Partnership he will distribute to Legislators. He also announced that Mr. Trelease would be coming to
Ithaca on September l lth.
Mrs. McBean-Clairborne, District No. 2 Legislator, announced that this evening was the National
Night Out events in the City of Ithaca, and Town of Newfield celebrating communities, law enforcement,
and safe communities.
Ms. Robertson, District No. 13 Legislator, shared information from an article appearing in the
Mother Earth News entitled "12 Great Places You've Never Heard Of", which listed Ithaca, New York
first within the article.
Mrs. McBean-Clairborne announced a Commercial Driver's License (CDL) training program will
take place at the Greater Ithaca Activities Center on Thursday, August 3rd starting at 7:00 p.m. This
training is free of charge and funded in part by a community block grant. Mrs. McBean-Clairborne
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August 1, 2006
indicated preference will be given to City residents and participation is on a first-come, first-served basis.
Individuals interested in the training must possess a Class '`D" driver's license.
Presentation — Update on HAVA (Help America Vote Act) and Voting Machines
Mr. Bo Lipari of New Yorkers for Verified Voting spoke to the Legislature about his involvement
in various associations and work with the State Board of Election's Advisory group regarding voting
equipment to become HAVA compliant. He addressed the process for the replacement of the present
lever machines by September of 2007, noting testing and selection will be within the next four to six
months. Mr. Lipari reported that as of July 20th eleven voting systems have been submitted to the State
Board of Elections, with each machine's application requiring a $5,000 fee. The majority of these
systems are touch -screen devices (DRE), with three or four optical scanning systems; one is a ballot -
marking device. The testing process will proceed as follows:
• a procedure determining how the systems will be tested will be developed
• testing is anticipated to take approximately thirty days per system
• it is not yet decided if testing of several machines will occur simultaneously
• upon completion of testing the certification process will begin
Mr. Lipari stated he believes the machines could be certified in September if the testing phase
begins in August, with the certification of some of the machines possible by early 2007. If the systems
are sequentially tested it may not be completed for all the machines until next spring. He expressed
concern if the testing were sequential as it may cause an unfair advantage to machines tested and certified
early in the process.
Mr. Lipari spoke of the concern of how many machines would be needed to replace the present
lever -machine systems. At the present time one lever machine serves approximately 800 voters. Some
tests indicated that a disabled person could require 20-30 minutes to complete their voting process. It
appears that more than one DRE machine would be required for each lever machine, however, a timing
study would be an important part of determining the appropriate ratio of DRE's to lever machines. At
this time the State Board of Elections has not contracted for a timing study, which is anticipated to exceed
the $50,000 discretionary budget limit. Because of the cost, the contract will be subject to the Office of
General Services bid process.
Mr. Lipari said if there is a two -to -one ratio for DRE machines, $850,000 would be required for
their purchase, with the County being responsible for any expense above the Federal HAVA funds
provided. He recommends that public hearings be held to assist in making a choice of machine type. Mr.
Lipari said at this time Nassau and Suffolk counties have done so and residents clearly indicated a
preference for an optical scan/paper ballot machine.
In response to a question from Mr. Hattery, Mr. Lipari indicated New Yorkers for Verified
Voting is a non-profit 501-3c group funded by citizen donations.
Mr. DeWitt and Ms. Cree, Election Commissioners, then provided a PowerPoint presentation that
provided an update of their department's HAVA-related work. It was noted that HAVA-related grants
have been submitted to seek funds for polling site access improvements and training/outreach programs
for 2007. They reviewed requirements for New York State as a result of the Federal Lawsuit: one
disabled -accessible voting system per county (Avante `'Vote -Trakker" Auto Ballot Marking System has
been chosen), an interim Statewide database (initial upload completed June 30th) until the final database is
in place in September 2007, and HAVA compliant machines by September 2007. Mr. DeWitt and Ms.
Cree then reviewed information contained in the Brennan Report addressing particular criteria to be
followed to assure accurate elections. In addition, they reviewed the results of hands-on voting machine
testing and surveys completed recently within their department. Information regarding the optical
scanners ability to use one machine for many individuals was reviewed as well as the concerns relating to
239
August 1, 2006
costs and potential problems when using the paper ballot. It was noted an optical scanner will require
annual printing costs; for a Presidential election the minimum cost for printing ballots would be $69,750.
Ms. Cree stressed to the Legislature that although New York State is behind in becoming HAVA
compliant a decision will be made only after a thorough evaluation, and will provide appropriate training
of all staff, inspectors, and technicians, and will also provide public outreach.
In response to Ms. Herrera's question, it was noted that individuals interested in the survey results
could go to www.votetompkins.org.
Ms. Robertson inquired what audit procedures for the voting machines are required by New York
State and was informed that three percent requires manual audits of papers versus machines; for
Tompkins County it would be three machines.
Mr. Proto inquired if there would be the possibility of reimbursement for ballot -printing expenses
and was informed there is no reimbursement, a small amount of funding received can be applied to voter
and co-worker training and machines.
Mr. Dennis asked if Tompkins County would have to choose a machine prior to all machines
receiving certification. Ms. Cree replied that if a particular machine is favored it would be beneficial to
inform the manufacturer as soon as possible, the machines are not a stock item and would have to be
built.
Ms. Robertson asked if the same ballot used for optical scanners would be used as an absentee
ballot and was informed it would be the same. If a DRE machine were chosen, a separate absentee ballot
would need to be printed.
Report from the Chair
Mr. Joseph announced the annual Tompkins County Blood Drive will be held on August 10`n
Due to the recent emergencies the Red Cross has announced blood is in short supply. Mr. Joseph
encouraged members to participate.
Report from the County Administrator
Mr. Whicher announced the final interviews of the two finalists for the Office for the Aging
Director position is taking place on August 14`x'. He referred to the new budget scenario provided to
Legislators for their review and noted it is not good news; this is not the final version and he will be
providing additional updates in the near future. He reported that he and Jonathan Wood, County
Attorney, met with officials of the Statewide Wireless system to go over the technical review. This
review is the second step of the process and went extremely well. His office is preparing a proposal that
will be submitted for consideration. It is hoped that positive feedback will be received in a short period.
Report from the County Attorney
Mr. Wood reported that a judge decided that the County's Public Health fee for water systems is
illegal. Although the sum involved is approximately $40,000, he believes it is important to appeal the
matter. He said that the County would have to charge the same thing to cover the administrative costs
that would require it to be included in property taxes that would have some individuals paying more than
others. He feels the important principle is that the County charge the fee in the most fair manner. Mr.
Booth inquired if there is a lot of case law regarding this matter. Mr. Wood indicated there is a lot of case
law on the charging of fees, and this is somewhat interesting in that this is a fee for a program that is
largely administrative, not tied directly to a water system. Mr. Wood believes case law supports the
County.
240
August 1, 2006
Report from the Finance Director
Mr. Squires has no report.
Withdrawal of Resolution(s) from the Agenda
Chair Joseph gave the appropriate Committee Chair permission to withdraw the resolution
entitled Adoption of Local Law No. 1 of 2006 — A Local Law Authorizing a Tax on Real Estate Transfers
from the agenda.
Addition of Resolution(s) to the Agenda
It was MOVED by Mr. Koplinka-Loehr, seconded by Ms. Mackesey, to add to the agenda the
resolution entitled Resolution Requesting a Call for Statewide School Aid Reform. A voice vote on the
motion resulted as follows: Ayes — 12; Noes — 2 (Legislators Hattery and Proto); Excused — 1 (Legislator
Sigler). RESOLUTION ADDED TO AGENDA.
Approval of Resolution(s) Under the Consent Agenda
It was MOVED by Mr. Booth, 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. 128 - AUTHORIZATION TO EXECUTE RIGHT-OF-WAY FUNDING
AGREEMENT WITH NEW YORK STATE DEPARTMENT OF
TRANSPORTATION — RINGWOOD ROAD BRIDGE (BIN
3314160) OVER CASCADILLA CREEK
MOVED by Mr. Booth, seconded by Mrs. McBean-Clairborne, and unanimously adopted by
voice vote by members present under the Consent Agenda.
WHEREAS, a Project to replace the Ringwood Road Bridge over Cascadilla Creek, BIN
3314160, P.I.N. 3753.20, (the Project) in the Town of Dryden, is eligible for funding under Title 23
United States Code, as amended, that calls for the apportionment of the costs of such program to be borne
at the ratio of eighty percent Federal funds and twenty percent non -Federal funds, and
WHEREAS, Resolution No. 8 adopted on January 19, 2005, approved the Project and authorized
execution of an agreement with the New York State Department of Transportation regarding
administration and funding of Scoping, Design (Phases 1 -VI), and Right -of -Way Incidentals, and
WHEREAS, in order to expedite advancement of the Project and realize potential total project
cost reductions, the New York State Department of Transportation requires the County to appropriate
one -hundred (100%) percent of the project costs and then file for reimbursement of eligible costs, and
WHEREAS, the County of Tompkins desires to advance the above project by making a
commitment of one -hundred percent of the non -Federal share of the costs of Right -of -Way (ROW)
Acquisition, now therefore be it
RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the
Tompkins County Legislature hereby approves the above -subject project and authorizes the County of
Tompkins to pay in the first instance one -hundred percent (100%) of the Federal and non -Federal share of
the costs of Design, ROW Incidentals, and ROW Acquisition work for the subject Project or portions
thereof,
RESOLVED, further, That the sum of $117,766 is hereby made available within account
HZ5103.59239.53.11, Ringwood Capital Project Account, to cover the cost of participation in the Design
and ROW Acquisition phase of the Project,
RESOLVED, further, That in the event the full Federal and non -Federal share costs of the project
exceeds the amount appropriated above, the Tompkins County Legislature shall convene as soon as
241
August 1, 2006
possible to appropriate said excess amount immediately upon notification by the New York State
Department of Transportation thereof,
RESOLVED, further, That the Tompkins County Highway Manager be and is hereby authorized
to execute all necessary Agreements, certifications, and reimbursement requests for Federal Aid and/or
Marchiselli Aid on behalf of the County of Tompkins with the New York State Department of
Transportation in connection with the advancement or approval of the Project and providing for the
administration of the Project and the municipality's first -instance funding of Project costs and permanent
funding of the local share of Federal -aid- and State -aid -eligible Project costs and all Project costs within
appropriations therefore that are not so eligible,
RESOLVED, further, That a certified copy of this resolution be filed with the New York State
Commissioner of Transportation by attaching it to any necessary Agreement in connection with the
Project,
RESOLVED, further, That this resolution shall take effect immediately.
SEQR ACTION: TYPE II - 2
RESOLUTION NO. 129 - AWARD OF BID — HEAVY DUTY ALL -WHEEL DRIVE SNOW
BLOWER — ITHACA TOMPKINS REGIONAL AIRPORT
MOVED by Mr. Booth, seconded by Mrs. McBean-Clairborne, and unanimously adopted by
voice vote by members present under the Consent Agenda.
WHEREAS, the Finance Department has duly advertised for bids to purchase a heavy duty all -
wheel drive snow blower for the Ithaca Tompkins Regional Airport, and
WHEREAS, one bid was received as follows:
Tracey Road Equipment (for Oshkosh Truck Corp.) $ 500,525
, and
WHEREAS, the budget for said vehicle is as follows:
FAA (95%) $ 475,499
NYSDOT (2.5%) $ 12,513
Airline Rates & Charges (2.5%) $ 12,513
Total $ 500,525
, 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 Tracey Road Equipment of East
Syracuse, New York with a bid of $500,525,
RESOLVED, further, That the local share be derived from the airport budget and that the Finance
Director be authorized to advance payments for this piece of equipment until reimbursement is received
from the FAA and NYSDOT.
SEQR ACTION: TYPE 11-25
RESOLUTION NO. 130 AUTHORIZING A LICENSE TO ENTER — CORNELL
UNIVERSITY CHEMICAL DISPOSAL AND RADIATION
BURIAL SITES — CONTINUED REMEDIATION,
MONITORING AND MAINTENANCE WORK AT ITHACA
TOMPKINS REGIONAL AIRPORT
MOVED by Mr. Booth, seconded by Mrs. McBean-Clairborne, and unanimously adopted by
voice vote by members present under the Consent Agenda.
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August 1, 2006
WHEREAS, the County of Tompkins signed consecutive Licenses to Enter for Cornell
University to install and maintain groundwater wells and to install and maintain an underground
collection system in connection with contamination emanating from their chemical disposal and radiation
burial sites, and
WHEREAS, the most recent License to Enter expired on June 8, 2006, and there is a need for
Cornell University to continue remediation, monitoring, and maintenance work at the groundwater wells
located on airport property, and
WHEREAS, said remediation, monitoring, and maintenance is likely to be necessary for many
years to come, now therefore be it
RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the County
Administrator be and hereby is authorized to sign a License to Enter for a period of five (5) years,
commencing on June 9, 2006,
RESOLVED, further, That maps of well locations showing pollution plumes, all relevant data,
and all appropriate reports be timely filed at the locations agreed upon as necessary among the County
Airport Manager, the County Planning Department, and the County Environmental Health staff and that
Cornell University keeps the appropriate Legislature Committee informed about their progress by way of
an annual presentation to that committee.
SEQR ACTION: TYPE II -20
RESOLUTION NO. 131 - ESTABLISHING THE RURAL SMALL BUSINESS LOAN PROGRAM
AS A FORMAL ACTIVITY OF THE TOMPKINS COUNTY
ECONOMIC DEVELOPMENT REVOLVING LOAN FUND AND
ADOPTING LOAN GUIDELINES
MOVED by Mr. Booth, seconded by Mrs. McBean-Clairborne, and unanimously adopted by
voice vote by members present under the Consent Agenda.
WHEREAS, the Tompkins County Economic Development Revolving Loan Fund was
established in 1998 to provide low-interest loan funds over $50,000 to existing businesses, and
WHEREAS, these loans are made using repaid United States Department of Housing and Urban
Development Small Cities Community Development Block Grant funds which are targeted for economic
development activities to benefit low- and moderate -income persons, and
WHEREAS, Resolution No. 173 of 2004 authorized the Rural Microenterprise Pilot Program as
an additional activity under the Tompkins County Economic Development Revolving Loan Fund
providing small business loans under $25,000, and
WHEREAS, the Economic Development Loan Oversight Committee, based on its experience
reviewing applications and recommending loans, has evaluated the effectiveness of the Pilot Program and
recommends renaming it the Rural Small Business Loan Program and making it an ongoing program of
the Loan Fund, and
WHEREAS, the Rural Small Business Loan Program will build capacity for self-employed
persons and small business owners that will enhance the incomes and quality of life of rural residents and
expand the local economy, and
WHEREAS, enhancing the viability of agricultural businesses and supporting economic
development efforts that expand rural income opportunities are policies supported by the Tompkins
County Comprehensive Plan, and
WHEREAS, self-employment and entrepreneurship are staples of the rural economy with over
half of all self-employed workers living in rural parts of Tompkins County, and
WHEREAS, the Economic Development Loan Oversight Committee developed the Rural Small
Business Loan Fund Guidelines as a framework to evaluate loan applications, now therefore be it
RESOLVED, on recommendation of the Planning, Development, and Environmental Quality
Committee, That the County formalize an additional activity under the Tompkins County Economic
Development Revolving Loan Fund to include the Rural Small Business Loan Program,
243
August 1, 2006
RESOLVED, further, That Tompkins County hereby adopts the attached guidelines for use in
evaluating loans and publicizing the Rural Small Business Loan Program,
RESOLVED, further, That the Tompkins County Economic Development Revolving Loan Fund
Oversight Committee will make rural small business loan recommendations to the Legislature based on
information provided in a loan application and review of credit worthiness.
SEQR ACTION: TYPE 11-20
Tompkins County
Rural Small Business Loan Program
... A partnership with Alternatives Federal Credit Union
Loan Guidelines
A. INTRODUCTION
The Tompkins County Rural Small Business Loan Program provides low-interest, gap financing for small
businesses for which other types of financing might not be available. The program is designed to meet the
needs of small businesses: retail, service, small manufacturers, home-based businesses, cooperatives,
worker -owned businesses, non -profits and start-ups.
Self-employment and entrepreneurship are staples of the rural economy with over half of all self-
employed workers living in rural parts of Tompkins County. The purpose of the Rural Small Business
Loan Program is to build capacity for self-employed persons and small business owners that will enhance
the incomes and quality of life of rural residents and expand the local economy.
Government funded loans to small businesses, including start up businesses, that cannot obtain traditional
bank financing are riskier than traditional bank loans. It is anticipated that default rates may average 10%
on funds loaned for these purposes. Among the criteria used to evaluate loan proposals and guide loan
decisions are the ability of the applicant to service the debt, the variety and sources of anticipated cash
flow, and the adequacy of the collateral pledged. The ability to service debt may be low in the first two
years of operation, but it is anticipated that these small business loans will increase cash flow in future
years to sufficiently cover debt service.
The program guidelines outlined in this document provide a framework within which the Tompkins
County Rural Small Business Loan Program will operate. The guidelines have been set by the Economic
Development Revolving Loan Fund Oversight Committee consisting of seasoned bankers, business
people, and economic development professionals with a goal of furthering economic development in
Tompkins County.
B. NATIONAL OBJECTIVES
The program is funded by the Tompkins County Economic Development Revolving Loan Fund using
repaid U.S. Department of Housing and Urban Development (HUD) Small Cities Community
Development Block Grant funds. As a condition of receiving that funding, the County (and therefore the
borrowers) must meet one of the following National Objectives for the Small Cities program:
1. Benefit low and moderate income persons; or
2. Eliminate a slum or blighting condition.
C. COUNTY OBJECTIVES
In addition to meeting National Objectives, and being consistent with the County Comprehensive Plan
and other municipal development policies and objectives, the borrower must meet one of the following
County objectives:
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August 1. 2006
1. Support of community-based businesses selling products or services not offered by existing local
businesses or that do not create direct competition for another business located in the local target
market area.
2. Creation of new employment opportunities available to low-income persons, and/or retention of
existing employment opportunities similarly available.
3. Expansion of the County's real property tax base.
4. Not-for-profit organizations servicing Tompkins County that offer a unique or highly desired new
service to the community.
D. ELIGIBILITY REQUIREMENTS
• Applicants must currently operate, or plan to open, a business in a rural part of Tompkins
County. Rural areas include all of the places in Tompkins County outside of the most recent
Census Urbanized Area Boundary (the 2000 Urbanized Area includes the City of Ithaca,
Village of Lansing, Village of Cayuga Heights, and portions of the Towns of Lansing, Ithaca
and Dryden).
• The business must have five or fewer full time, or full time equivalent, employees.
• Applicants must show proof of completion of a small business -training program (for
example, courses offered at Alternatives Federal Credit Union). In some cases demonstration
of the ability to successfully operate a small business may be substituted.
• Applicant incomes must fall below HUD low to moderate income guidelines. The income
guidelines for 2006 are as follows:
Household Size Income Limit
1 $35,550
2 $40,650
3 $45,700
4 $50,800
5 $54,850
6 $58,950
7 $63,000
8 or more $67,050
E. TERMS AND CONDITIONS
Terms and conditions are negotiable, and based on documented need and input from appropriate
organizations and financial institutions. Loan proceeds can be used for real estate and building
improvements; equipment and related improvements; working capital and inventory. Loan amounts are
set at a minimum of $5,000 and a maximum of $25,000. A maximum of $10,000 of the total loan amount
can be used for working capital unless sufficient collateral is pledged to cover any additional amount.
Personal guarantee(s) of the owner(s) of the business is required. Maximum loan lengths are as follows:
Real estate and building improvements:
Equipment and related improvements:
Working capital and inventory:
20 years
10 years
5 years
No loans for equipment will be made for a longer period than the anticipated useful life of the equipment.
Businesses that either cease operations or leave the County will be required to immediately repay the
loan.
Applicant will be required to pay for the cost of a credit report.
The Oversight Committee will recommend a maximum of six rural small business loans or a maximum of
$100,000 in loan funds each year.
F. UNDERWRITING GUIDELINES
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August 1, 2006
To the extent a project addresses national and county objectives, and meets the following underwriting
guidelines determines whether or not it is a project that can be loaned these funds. Many factors will be
balanced to assess the overall credit worthiness of an applicant. At the very least the following
benchmarks should be reached:
1. The business must meet National and County objectives of the program.
2. The business must meet the eligibility requirements of the program.
3. The business must show the ability to service the debt (debt coverage ratio minimum of 1.2:1).
4. The management of the business must have demonstrated history and capacity to conduct the
business and show commitment to the project (owner's equity minimum of 10%).
5. The payment history of the business with other lenders and creditors as well as the credit history of
the borrowers and guarantors must be satisfactory (minimum credit score of 600 for borrowers and
guarantors).
6. The review of proposed collateral must be satisfactory (minimum of 80% using standard liquidation
values).
7. The business must show adequate cash flow to support a salary for the proprietor and adequate
reserves for unexpected expenses within two years based on reasonable projections.
The following criteria will be evaluated in making a loan determination:
1. Slum or blighting conditions eliminated (if cited as the objective of the project).
2. Financial need of the project.
3. Likelihood of success of the project.
4. Potential for spin-off benefits in Tompkins County (jobs and tax revenue).
5. Long-term growth potential of the business.
6. Leveraging of private funds.
7. Relationship to other projects being undertaken in the area.
8. Potential for positive or negative environmental impacts.
9. Potential for income enhancement or economic self-sufficiency for rural residents.
10. Compatibility of the business operation with existing rural community character.
G. SUBMISSION REQUIREMENTS
1. A completed loan application.
2. A brief background on the business and/or a business plan that includes the proposed project, the
market area for the products, marketing of those products, and a list of employees working for the
business and/or the expansion (both current and future).
3. Business and personal credit references (including bank references) for all stockholders, owners or
partners with at least 20 percent equity in the business.
4. The most recent three years of financial statements and business tax returns as well as a current (to
within 90 days) financial statement (including income statements, balance sheets, and supporting
schedules). The financial statements must follow Generally Accepted Accounting Principles. (One
year of personal tax returns for the aforementioned stockholders, partners or owners are acceptable if
the business has not been in business for two years).
5. A minimum of two years projected month by month profit/loss statements for the business.
6. A Personal Financial Statement from each principal of the business.
7. Description of collateral to be pledged and its approximate market value or price quotes for new
equipment.
8. Description of the nature of the equity investment.
9. If the business is a corporation or partnership, include a copy of the certificate of incorporation or
partnership papers, and a resolution from the Board of Directors or partners authorizing the loan
request and designating who will sign loan papers.
10. Other information as may be reasonably required by the Loan Committee.
H. ADMINISTRATIVE FUNCTIONS OF THE PROGRAM
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August 1, 2006
Alternatives Federal Credit Union will provide technical assistance in filling out loan applications, review
submitted applications, and provide a credit analysis to the Oversight Committee. County staff will
review loans for completeness and adherence to guidelines and requirements. The Oversight Committee
will make approval recommendations to the Tompkins County Legislature. Once the Legislature approves
a loan, County staff will be responsible for closing and servicing the loans.
I.
FURTHER INFORMATION AND APPLICATIONS
For information about the Tompkins County Rural Microenterprise
request an application contact:
Tompkins County Planning Department
121 East Court Street
Ithaca, NY 14850
Phone: 607-274-5560
Loan Pilot Program
Alternatives Federal Credit Union
125 North Fulton Street
Ithaca, NY 14850
Phone: 607-273-4611
or to
RESOLUTION NO. 132 - AUTHORIZATION TO EXECUTE A RURAL SMALL BUSINESS
LOAN FOR JEFF MARIANNI / THREE SWALLOWS FARM
FROM THE ECONOMIC DEVELOPMENT REVOLVING LOAN
FUND
MOVED by Mr. Booth, seconded by Mrs. McBean-Clairborne, and unanimously adopted by
voice vote by members present under the Consent Agenda.
WHEREAS, the Tompkins County Economic Development Revolving Loan Fund was expanded
in 2004 to provide low-interest loans to small businesses (microenterprise businesses), and
WHEREAS, these loans are made using repaid United States Department of Housing and Urban
Development Small Cities Community Development Block Grant funds targeted for economic
development activities, and
WHEREAS, the Tompkins County Economic Development Revolving Loan Fund Oversight
Committee reviewed an application and proposal for a working capital and equipment loan to Jeff
Marianni to expand organic -farming operations at Three Swallows Farm in the Town of Danby, and
WHEREAS, the Oversight Committee has fully assessed the ability of Jeff Marianni to make
timely payments on monies loaned from the Revolving Loan Fund, and
WHEREAS, enhancing the viability of agricultural businesses and supporting economic
development efforts that expand rural income opportunities are policies supported by the Tompkins
County Comprehensive Plan, now therefore be it
RESOLVED, on recommendation of the Planning, Development, and Environmental Quality
Committee, That the County is hereby authorized to sign a Loan Agreement with Jeff Marianni,
RESOLVED, further, That the County Administrator be authorized to sign all documents related
to this loan, and that the County Finance Director be authorized to adjust the budget in the following
manner:
REVENUES 8693.44700 Repaid Econ. Dev. Loans $25,000
EXPENSES 8693.54400 Program Expense $25,000
SEQR ACTION: TYPE 11-3, 11-25
RESOLUTION NO. 133 - BUDGET ADJUSTMENTS — PLANNING
MOVED by Mr. Booth, seconded by Mrs. McBean-Clairborne, and unanimously adopted by
voice vote by members present under the Consent Agenda.
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August 1, 2006
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 Planning, Development and Environmental Quality and
the Facilities and Infrastructure Committees, That the Director of Finance be directed to make the
following budget adjustments on his books:
Planning
Revenue Acct Title Amt Approp Acct Title
CD8688.44959 Federal Aid $600,000 CD8688.54400 Program Expense
CD8695.42411 CD Program Income $350,000 CD8695.54400 Program Expense
Explanation: HO 7 Grant Funds; HO 104 HUD Program Income
SEQR ACTION: TYPE 11-20
RESOLUTION NO. 134 — INCREASE IN HOURS — DEPARTMENT OF MOTOR VEHICLE
SUPERVISOR — COUNTY CLERK
MOVED by Mr. Booth, seconded by Mrs. McBean-Clairborne, and unanimously adopted by
voice vote by members present under the Consent Agenda.
WHEREAS, the Tompkins County Clerk wishes to increase the hours for the position of
Department of Motor Vehicle Supervisor from 37.5 hours per week to 40.0 hours per week to
accommodate the pressure of business, and
WHEREAS, the Tompkins County Clerk wishes to maintain a level of service only possible by
having this position designated as a forty -hour work -week, and
WHEREAS, such change would be beneficial to the organization and would result in increased
efficiency, and
WHEREAS, revenue generated by the Clerk's office will cover these additional expenses, now
therefore be it
RESOLVED, on recommendation of the Government Operations and the Budget and Capital
Committees, That the standard work week for one position of Department of Motor Vehicle Supervisor
(210) Labor Grade N84, be increased from 37.5 hours per week to 40.0 hours per week, effective August
7, 2006,
RESOLVED, further, That no additional funding is required.
SEQR ACTION: TYPE I1-20
RESOLUTION NO. 135 — AUTHORIZATION TO ACCEPT A GRANT FROM THE STATE
ARCHIVES
MOVED by Mr. Booth, seconded by Mrs. McBean-Clairborne, and unanimously adopted by
voice vote by members present under the Consent Agenda.
WHEREAS, the County Clerk's Office has been notified of a grant award from the State
Archives in the amount of $34,814, and
WHEREAS, the State Archives grant represents a project for the County Clerk's Office to back
file deed records into their Electronic Document Management System, now therefore be it
RESOLVED, on recommendation of the Government Operations Committee, That the County
Administrator or his designee be authorized to execute all contracts related to this award,
RESOLVED, further, That the Director of Finance is authorized and directed to make the
following budget adjustment:
APPROPRIATION: A1410.54442 Professional Services $38,814
REVENUE: A1410.43089 Other State Aid $38,814
SEQR ACTION: TYPE I1-20
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August 1, 2006
Approval of Appointment(s) Under the Consent Agenda
There were no appointments.
Report from the Public Safety Committee
Mrs. McBean-Clairborne, Chair, reported the Committee met prior to the Legislature meeting to
act on rollover requests that are on the agenda. The Committee will meet next on August 3rd
Report from the Workforce Diversity and Inclusion Committee
Mrs. McBean-Clairborne, Chair, reported the Committee met on July 26th and is focusing on
bylaws for the Committee. She indicated the intent is to replace Affirmative Action with this Committee
and is initially addressing the matter of bylaws.
Report from the Health and Human Services Committee
Mr. Proto, Chair, said the Committee will meet tomorrow, August 2°a. He also indicated that
several dates will be suggested that will allow the Committee and other Legislators the opportunity to
learn about various agencies associated with the recommended budgets brought forth by the Human
Services Coalition.
Report from the Facilities and Infrastructure Committee
Mr. Randall, Chair, reported the Committee met on July 25`11 during which annual reports were
provided for review prior to discussion at the next meeting. The Committee was introduced to the new
Assistant Director of Facilities; reviewed 2007 budget highlights, including the amendment of the Public
Works Administration budget lines to more accurately reflect the budgeting; Solid Waste projections that
would require a $2 increase in the annual fee to covering anticipated budget increases; Airport projects;
over target requests in the amount of $400,000 from Facilities Division to cover maintenance costs; and
information from the Highway Division regarding increased costs as well as State and Federal assistance
with regard to the recent flooding. Mr. Randall said a decision was made to re-establish the twice -
monthly meeting schedule due to the amount of work to be accomplished; the next meeting will be
Tuesday, August 8th. Ms. Mackesey spoke of having toured Old 76 Road that experienced damage from
the flooding and noted how quickly the work is being completed by County staff. She indicated she was
extremely impressed by their professionalism. Mr. Shinagawa spoke of single -stream recycling having
been discussed at the Committee meeting, explaining it would enable all recyclables to be put in a single
container. He believes it will provide an incentive to recycle. In addition, Mr. Shinagawa said it is
important for Tompkins County to remain competitive in the recycling field; others will take advantage of
the revenue stream if Tompkins County does not.
Report and Presentation of Resolution(s) from the Planning, Development, and Environmental
Quality Committee
Ms. Robertson, Chair, reported the Committee met on July 20''' and prior to the Legislature
meeting. She noted two items on the Consent Agenda dealt with the rural small business loan program
and provided flyers relating to the program to be given to municipalities. Ms. Robertson spoke of Mr.
Marx's report regarding the New York State Department of Transportation (NYSDOT) facility relocation
to Dryden, stating they are proceeding with site acquisition, although the exact timetable is unknown for
completion. Mr. Marx has received a letter in May from the NYSDOT regarding the County's request for
reimbursement as agreed upon in the Memorandum of Understanding indicating they are considering the
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request. She noted that work done by the County on this project was $39,000. In addition to these items,
she reported the Committee heard budget summaries from departments which include a $60-70,000 over
target request from Planning for a variety of projects. In addition, the Committee spoke to Gary Ferguson
of the Ithaca Downtown Partnership's interest in developing an arrangement for County support of the
IDP. Mr. Ferguson will work with Mr. Marx to determine things that the IDP are able to complete that
the County cannot. Ms. Robertson indicated the largest item on the Committee was the Industrial
Development Agency's density policy resolution and included some language changes as a result of the
Committee's meeting prior to the Legislature meeting.
RESOLUTION NO. 136 - SUPPORTING CONTINUATION OF DENSITY INCENTIVE
PROGRAM BY THE TOMPKINS COUNTY INDUSTRIAL
DEVELOPMENT AGENCY
MOVED by Ms. Robertson, seconded by Mr. Shinagawa. Ms. Herrera said she is a member of
the Industrial Development Agency (IDA) as well as the Planning Committee. She is interested in the
future of the density policy and supports many of the intentions completely, however, she said the
amendments suggested at Committee have resulted in a "watered-down" version that she cannot support.
Ms. Herrera spoke of the IDA's discussions to include language within the application form that would
indicate support of items thought to be of value to the community; the amended language has the effect of
suggesting steps that would have the IDA go backwards. In addition, she said the language amendment
of '`should' to "encouraged" do not indicate that the Legislature as a body find particular items important.
She feels that her constituent needs and goals are being discussed and asked that her lack of support is not
viewed as criticism to the density policy or lack of support for economic development but rather a desire
to move forward the discussion, assert, and encourage IDA discussions to be more specific than the
amended resolution presently offered.
Mrs. McBean-Clairborne agreed with Ms. Herrera's statements, noting she was ready to support
the resolution prior to the revisions made at Committee. She expressed concern regarding language
dealing with diversity, noting the Legislature has set policies that show the County as a model that
embraces diversity. In its present form, the resolution is not as strong as the County Diversity Statement.
Mrs. McBean-Clairborne stated the Diversity Statement is more than a particular workforce and diversity
itself, but the way individuals do and/or see businesses working with us; she does not like `'are
encouraged to".
Ms. Robertson indicated amendments are possible. She said a consideration given at Committee
is this is strictly an advisory document crafted to strike a balance between ideal and possible. She
indicated a desire to have a strong vote on the resolution.
Mr. Hattery said as a member of the IDA he supports smart growth, density, and economic health
for the City, however he won't support the density policy or renewal of it as he believes there are inherent
conflicts of the density policy with basic projects of the IDA policies that were designed and supported to
create. In addition, he believes the resolution speaks to the possibility of expanding the density policy to
other municipalities of the County, which unless requested by a municipality should not be included. Mr.
Hattery also believes that use of the IDA tax -abatement authority is a tool that does not work with the
density policy.
Mr. Shinagawa noted the recommendations are not consistent and are hierarchal. He does agree
and believes it should be amended.
It was MOVED by Mr. Shinagawa, seconded by Ms. Mackesey, to amend the bulleted
recommendations offered within the resolution to all read "should" rather than "encourage". He also
stated that he believes that Common Council when reviewing the density policy was looking at
community benefits.
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August 1, 2006
Mr. Proto noted at today's Committee meeting he had recommend the word '`encourage" as many
tenant businesses may not be able to comply with a livable wage, which while is what is encouraged, may
be an inaccurate assumption by the Legislature. In addition, he believed that an IDA requirement of a
diversity policy may be overstepping its authority. He noted the Committee unanimously agreed with the
amendments.
Ms. Robertson will support the amendment, noting there should be a higher bar for the projects
rather than a general one. She stated the assumption there will be competition for projects and noted the
items would be something extra the projects could provide.
Ms. Herrera supports the amendment that recognizes community benefits that are seen. She
noted what is under discussion at the IDA is more of an educational process.
Mr. Dennis supported "encouraged" at Committee, however will support the amendment,
understanding these are recommendations.
A voice vote on the amendment resulted as follows: Ayes 11; Noes — 3 (Legislators Hattery,
Randall, and Proto); Excused — 1 (Legislator Sigler). AMENDMENT CARRIED.
Ms. Herrera spoke to the recommendation relating to contractors and noted an exception to the
work '`major". She believes there is a shortage of good contractors and that a certified apprentice
program is good.
It was MOVED by Ms. Herrera, seconded by Mrs. McBean-Clairborne, to amend the
recommendation to the following language:
• `'Contractors should offer a certified apprenticeship program for skilled trades in
construction;"
Mr. Booth said he believes all the bulleted items are recommendations. He noted small
contractors may not be able to comply with this request and therefore he cannot support the amendment.
Mr. Dennis said that he had supported the inclusion of "major", however perhaps substituting language
that specified a dollar amount such as $1 million would be adequate.
It was MOVED by Mr. Dennis, seconded by Mrs. McBean-Clairborne to amend the amendment
as follows:
• `'Contractors who receive contracts of $1 million or more should offer a certified
apprenticeship program for skilled trades in construction;"
Ms. Herrera appreciates the intention, however a contractor can subdivide the contract to
subcontractors to avoid this recommendation, she believes the broader statement was better.
Mr. Hattery believes that there are contractors who receive training outside of a certified
apprentice program, which can be better than a certified program, would be discriminated against. He
does not believe the recommendation should be included within the resolution.
Ms. Robertson inquired how the County dealt with this situation regarding our award of bids and
was informed by Mr. Joseph that he believed it too had a $1 million clause. In response to a question of
how the County deals with the potential of subcontracting work it was noted that the County does not
subdivide contracts; in this situation it could be subdivided to avoid the recommendation of certified
apprenticeship programs. Mr. Booth believes the $1 million more specifically covers the desire than the
word "major-.
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August 1, 2006
Ms. Mackesey noted small contractors would obviously not be able to have a certified
apprenticeship program, she believes the intention is to have as many people as can train their workers.
She believes only deletion of the word "major" is adequate.
Mr. Proto spoke of the issue being discussed previously and recalled how local contractors had
spoken of their not being able to do business with the County due to the apprenticeship clauses within
contracts. Other statewide organizations spoke of how local contractors could receive the training
independently which would enable them to bid. He believes that the County is trying to refine the process
too much and that it will be the IDA who will determine what will prevail. Mrs. McBean-Clairborne
recalled that skilled trade workers also spoke out in support of the apprenticeship program requirement.
She believes the amendment commits the previous resolution passed by the County and will support this.
Mr. Joseph stated the resolution is advice to the IDA and as such it is important that members of
the IDA to support the recommendation. He asked Ms. Herrera if she could and was told by Ms. Herrera
that it is important to have had the discussion and that the $1 million amendment is well intended; in the
spirit of cooperation she will support it.
Mr. Proto noted it was an omission not to mention the skilled trade workers were also present at
the previously mentioned meeting.
A voice vote to amend the amendment dropping the word "major" and inserting a $1 million
threshold resulted as follows: Ayes — 9; Noes 5 (Legislators Hattery, Kiefer, Proto, Randall, and
Stevenson); Excused — 1 (Legislator Sigler). MOTION CARRIED.
Mr. Proto requested that the $1 million figure be reviewed as construction costs are rapidly
increasing.
A voice vote on the amendment as amended resulted as follows: Ayes — 9; Noes — 5 (Legislators
Hattery, Kiefer, Proto, Randall, and Stevenson); Excused — 1 (Legislator Sigler). MOTION CARRIED.
Ms. Kiefer indicated that the original resolution had contained a recommendation addressing
competition. She had recommended substitute language for the original resolution and would like to see
one of the options added to the revised resolution.
It was MOVED by Ms. Kiefer, seconded by Mrs. McBean-Clairborne, to amend the resolution to
include the following: ``Such projects, whenever possible, should avoid direct competition with existing
businesses in the density district;"
Mr. Proto encouraged support of the motion and noted in the past local businesses have been
eliminated due to larger companies coming to the area due to incentives. He believes it is unfair to the
local businesses that have been self-sustaining for years to possibly go under due to incentives provided
much larger firms with no local history. Mr. Proto spoke of discussions with Ms. Herrera relating to the
newly acquired Empire Zones and indicated there is still information to be obtained regarding them; it
may indicate there is no longer a need for the density policy to exist. He recommended postponing action
until this information has been received and reviewed.
Ms. Mackesey spoke of how free enterprise is a standard for the county, with competition being a
large part of it. She noted many towns have experienced local small businesses being overtaken by larger
companies. She believes there is a Targe inconsistency regarding support of the limiting competition. She
believes a planned economic policy is the right thing for the county to do, however, it is a broader
question and a problem to be addressed another time.
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August 1, 2006
Mr. Joseph spoke against the inclusion of this recommendation; he believes the opposite of Ms.
Mackesey. He said it is not about competition being allowed but rather government should bias the
competition. He thinks individuals wanting the recommendation feel it is not the government's place to
intervene and bias the competition. He said there are other public benefits that outweigh the fact that the
competition is being made biased. If individuals feel the government should not bias the competition they
should not support the resolution. Putting this phrase in the resolution says I want a density policy but
without its inevitable impact which is to bias the competition of businesses in a particular area.
Mrs. McBean-Clairborne respected Mr. Joseph's statements but said each item could have much
the same argument. She spoke of the small businesses and noted they understand diverse communities
and how to embrace it. She noted diversity does not mean hiring of a particular individual, it is only one
piece of it. Mrs. McBean-Clairborne said she did not see anything in the statement that offers protection
or incentive to businesses.
Ms. Robertson believes Mr. Joseph's statements point to the crux of the whole policy. Mr.
Hattery indicated the problem is the density policy for projects that subsidize competitive enterprises,
which is why he believes there has been controversy. He said there would be no need for a density policy
if the projects were restricted and would not be incentive to be competitive; if the clause were included
there would be no need for a density policy. Ms. Robertson replied it is complicated to figure out
individual projects and feels it is the work of the IDA to balance issues surrounding each project.
Mr. Booth said the competition piece is a lot of what the IDA is doing; in addition, many
government decisions bias the playing field in one manner or another. He spoke of zoning ordinances
classifying different commercial districts with a variety of limitations. He said the same is true with street
investments, traffic controls, placement of bridges, etc. as having an impact on a competitive playing
field. If the IDA were to decide the standard is that the projects invested in should not have competition
with existing businesses, there would be very few investments. He urges that the clause not be included
and recognize that a density policy could not exist without competition in some form.
Ms. Herrera said competition helps people to excel. She thought Ms. Kiefer's suggestion was
good. She has heard from many constituents regarding the Cayuga Green project, in particular, that it
was not favorable to provide revenue from tax dollars for a competitive business.
A voice vote on the amendment to reinsert the competition clause resulted as follows: Ayes — 6
(Legislators Hattery, Herrera, Kiefer, McBean-Clairborne, Proto, and Shinagawa); Noes — 8 (Legislators
Booth, Dennis, Joseph, Koplinka-Loehr, Mackesey, Randall, Robertson, and Stevenson); Excused — 1
(Legislator Sigler). MOTION FAILED.
Mrs. McBean-Clairborne inquired if the recommendations indicated the ability to review the
project and recapture funds in the event contractual obligations are not met. It was noted the clause
presently in the resolution calls for a review in the event there are substantial changes to the project itself,
not requirements.
It was MOVED by Mrs. McBean-Clairborne, seconded by Ms. Kiefer, to add the following
clause: `'There should be a recapture policy in the event that a recipient does not live up to their
agreements."
The amendment was clarified to provide a clear understanding that the conditions of the contract
as well as other recommendations such as ones contained within the resolution were required; if
performance did not follow the requirements it could result in paying back funds provided. Mr. Booth
asked if the present laws allow for recapture of funds and was informed it does, however the IDA
presently utilizes this only for contractual agreements relating to job creation. Mr. Shinagawa reported
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that Common Council also has spoken to recapture of funds as outlined in the addition to the resolution.
Ms. Robertson also believed the addition was worthwhile.
A voice vote on the motion to add the recapture clause as stated above resulted as follows: Ayes
— 13; Noes — 1 (Legislator Randall); Excused 1 (Legislator Sigler). MOTION CARRIED.
Mr. Booth stated when former Legislator Mike Lane speaks he listens closely. He agrees with
Mr. Lane that the IDA may create a structure and process so difficult that very few project sponsors come
forward, which would be detrimental to the city and other nodules of development. He believes the
policy should continue because it is difficult to build in centers due to land cost, taxation, etc. and the
policy assists in encouraging development in specified centers. He hopes the City and nodules
throughout the County will continue to do so.
A voice vote on the resolution resulted as follows: Ayes 9 (Legislators Booth; Dennis, Herrera,
Joseph, Koplinka-Loehr, Mackesey, McBean-Clairborne, Robertson, and Shinagawa); Noes — 5
(Legislators Hattery, Kiefer, Proto, Randall, and Stevenson); Excused — 1 (Legislator Sigler).
RESOLUTION ADOPTED.
WHEREAS, the Tompkins County Industrial Development Agency (IDA) adopted the City of
Ithaca Density Incentive Program (density program) in 2001, and
WHEREAS, the resolution of the Tompkins County Legislature originally endorsing that
program provided for that endorsement to sunset in 2006, and
WHEREAS, the IDA is now reviewing the density program, and
WHEREAS, the City of Ithaca has requested that a modified program be continued, and
WHEREAS, the Tompkins County Comprehensive Plan's principles and policies, particularly
those in the Centers of Development section of the plan, support dense mixed-use development in central
business districts throughout the county, and
WHEREAS, tax incentives are one of the few tools that can be used at the county level to
encourage a nodal pattern of development that reduces sprawl, conserves natural resources, preserves
farmland and open space, efficiently utilizes investments in public infrastructure, and builds sustainable
communities, now therefore be it
RESOLVED, on recommendation of the Planning, Development and Environmental Quality
Committee, That the Tompkins County Legislature endorses continuation of a density incentive program
administered by the Tompkins County Industrial Development Agency,
RESOLVED, further, That the Tompkins County Legislature urges the IDA to incorporate the
following as part of its review of density policy projects, in order to maximize the community benefits of
such development:
• Such policy should be available to any community that develops a density incentive program
in accordance with the principles and policies of the Tompkins County Comprehensive Plan;
• Any policy should require, for each project, an independent and comprehensive financial
needs analysis;
• Contractors who receive contracts of $1 million or more should offer a certified
apprenticeship program for skilled trades in construction;
• A significant percentage of construction labor should be local workers;
• Tenant businesses should provide livable wages and opportunities for advancement for
employees;
• Projects should have a diversity plan and track diversity in employees, including tenant
businesses within density policy projects;
Such projects should incorporate urban design elements that encourage pedestrian travel and
facilitate community interaction;
Buildings should be Leadership in Energy and Environmental Design ("LEED") certified;
Any residential development in a density policy project should include some affordable
housing;
254
August 1, 2006
• Substantial changes in projects following IDA approval should result in a new IDA review;
and
• There should be a recapture policy in the event that a recipient does not live up to their
agreements.
RESOLVED, further, That the Tompkins County Legislature will receive annual updates and
review this program for continuation of support five years from the adoption of a revised density
incentive program by the Tompkins County Industrial Development Agency.
SEQR ACTION: No Action Necessary
Ms. Robertson announced the Committee will meet next on August 30, 2006, at 3:00 p.m.
Report from the Personnel Committee
Mr. Dennis, Chair, reported the Committee would meet on August 9th at 3:00 p.m. He stated an
executive session has taken place regarding contractual issues and he anticipates hearing additional
information within sixty to ninety days.
Report and Presentation of Resolution(s) from the Government Operations Committee
Ms. Herrera, Chair, reported the Committee met on July 19th; the work is reflected on the Consent
Agenda. In addition, Mr. Potter, Director of Information Technology Services Department, spoke to the
Committee about the Communications Policy and E -Mail System update requirements. In addition, Ms.
Herrera reported on the resolutions regarding Advisory Board appointments as well as the Rules of
Voting. She noted that the Committee will also be addressing what appears to be an additional conflict
regarding voting between Legislative Policy and Roberts Rules as well as times when the full Legislature
is not in attendance. Ms. Herrera said that following the meeting the Committee toured the County
Clerk's office and was shown how the archive grants have improved the office.
RESOLUTION NO. 137 - ADOPTION OF REVISED ADMINISTRATIVE POLICY 01-26 -
ADVISORY COMMITTEES AND BOARDS
It was MOVED by Ms. Herrera, seconded by Mr. Booth. Ms. Herrera stated the modifications
completed by the Committee were to clarify the policy; she said it isn't ideal but reflects the work of the
Committee. Mr. Proto said the revision may be the intent of this Legislature, but may not be what
previous Legislature's intended. He does not support the resolution and expressed his concern for item
number five, as he does not believe individuals not residing within the County should have the ability to
have a voting seat and make decisions. Mr. Proto spoke of various advisory board's carrying weight with
particular issues and feels the amendment softens the procedure for those outside of the County desiring
placement on advisory boards. Mr. Stevenson stated he voted against it in Committee and will not
support the resolution now. He agreed with many of Mr. Proto's statements and believes it does not
provide a consistent policy and allows for an arbitrary statement.
It was MOVED by Ms. Kiefer, seconded by Ms. Mackesey to amend the first paragraph to read:
"WHEREAS, to enable the County's Advisory Committees and Boards to better advise the
County Legislature, the policy on Advisory Committees and Boards has been revised to include a
provision for filling certain seats with non -County residents,"
A voice vote on the motion resulted as follows: Ayes — 10; Noes — 4 (Legislators Hattery, Proto,
Randall, and Stevenson); Excused — 1 (Legislator Sigler). MOTION CARRIED.
255
August 1, 2006
It was MOVED by Mr. Proto, seconded by Mr. Stevenson, to delete the following language from
item #5 in the policy "or where the County Legislature approves advisory board bylaws that provide that
one or more seats on the advisory board will be filled by the holder of a particular office or position."
Ms. Herrera said the purpose of the language is to make the policy consistent with what presently
is occurring. The suggestion to remove the language would provide guidance and she could support the
amendment. She then provided information of how some individuals are on advisory boards due to
positions required by Federal or State law; other advisory boards have included non-residents holding
particular positions. To say only Federal and State law would eliminate non-residents holding seats that
are not required by law. Mr. Proto spoke of how specific titles are required. Ms. Robertson said the
proposal is the same mechanism with the exception of the Legislature signifying a seat. She indicated the
amendment makes the County policy parallel with State and Federal policy. Mr. Joseph noted the policy
is clear; the proposal is to change a statement equally clear. Mr. Booth agreed with Mr. Joseph's
interpretations and urged the vote be taken.
A voice vote on the motion resulted as follows: Ayes — 5 (Legislators Hattery, Herrera,
Mackesey, Proto, and Stevenson); Noes — 9; Excused — 1 (Legislator Sigler).
A voice vote on the resolution as amended resulted as follows: Ayes — 10; Noes — 4 (Legislators
Hattery, Kiefer, Proto, and Stevenson); Excused 1 (Legislator Sigler). RESOLUTION ADOPTED.
WHEREAS, to enable the County's Advisory Committees and Boards to better advise the County
Legislature, the policy on Advisory Committees and Boards has been revised to include a provision for
filling certain seats with non -County residents, now therefore be it
RESOLVED, on recommendation of the Government Operations Committee, That the following
Administrative Policy is hereby revised and adopted:
01- 26 Advisory Committees and Boards
SEQR ACTION: TYPE 11-20
RESOLUTION NO. - AMENDING THE RULES OF THE LEGISLATURE — RULE VII -
RULES OF VOTING
It was MOVED by Ms. Herrera, seconded by Mr. Stevenson.
Ms. Kiefer noted that her question regarding use of "Legislature" with Rule VII (2) was
confirmed with Ms. Fuller. She suggested it may read clearer if worded as follows: "(2) Every member
present when a vote is taken upon any question shall vote unless excused by unanimous consent of all
members present, or unless the Legislature asks the County Attorney for his legal interpretation and the
County Attorney advises that the member has a direct interest in the result of the vote."
Ms. Herrera stated the problem with Ms. Kiefer's suggestion is that it would have the County
Attorney making the decision; as was previously stated asks for an opinion. Although a slim difference
she feels it is important.
It was MOVED by Ms. Kiefer to amend Rule VII (2) as follows: "(2) Every member present
when a vote is taken upon any question shall vote unless excused by unanimous consent of all members
present, or unless the Legislature asks the County Attorney for his legal interpretation and the County
Attorney advises that the member has a direct interest in the result of the vote."
Further discussion followed and Chair Joseph granted Ms. Herrera permission to withdraw the
resolution from the agenda.
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August 1, 2006
WHEREAS, it is desirable to amend the present Rules of Voting to more clearly specify
procedure to determine a direct interest in the result of the vote, and
WHEREAS, it is also desirable to have the advice of the County Attorney in determining direct
interest, now therefore be it
RESOLVED, on recommendation of the Government Operations Committee, That paragraph (2)
of Rule VII, Rules of Voting is hereby amended as follows:
RULE VII - RULES OF VOTING
(2) Every member present when a vote is taken upon any question shall vote unless excused by
unanimous consent of all members present, or unless the County Attorney upon Legislature request
advises that that member has a direct interest in the result of the vote. The Chair shall in all cases, except
upon appeals from rulings of the Chair, have a right to vote.
SEQR ACTION: TYPE 11-20
Report and Presentation of Resolution(s) from the Budget and Capital Committee
Mr. Koplinka-Loehr, Chair, reported the Committee met on July 24'x'. He spoke of Mr. Jovan
Grogan, Project Assistant's having left to pursue his career and he spoke highly of the work done by Mr.
Grogan during his tenure. He reported copies of draft number four of the expanded Budget and Capital
Committee meetings has been distributed and will be the final draft if no further comments were made.
Mr. Koplinka-Loehr reported the Capital Project books have been distributed to members of the
Legislature and also noted he has copies of the County audit available for review.
RESOLUTION NO. 138 - BUDGET ADJUSTMENT AND APPROPRIATION OF UNSPENT
GENERAL FUNDS FROM 2005 TO VARIOUS ACCOUNTS
It was MOVED by Mr. Koplinka-Loehr, seconded by Mr. Proto, and unanimously adopted by a
short roll call of members present, to adopt the following resolution. RESOLUTION ADOPTED.
WHEREAS, various departments have been certified by the Director of Finance to have unspent
appropriations and excess revenues from 2005 resulting in a surplus of $808,028 on the County's books
as of December 31, 2005, and
WHEREAS, Resolution No. 116 — "Budget Adjustment and Appropriation of Unspent General
Funds from 2005 to Various Accounts" was adopted on July 6, 2006, which transferred surplus funds in
the amount of $328,197 to various departments' current year budgets, and
WHEREAS, the rollover request period was extended to August 2006, and
WHEREAS, pursuant to County Fiscal Policy, additional surplus funds have been requested for
use in the amount of $89,923 in the current year budget, now therefore be it
RESOLVED, on recommendation of the Public Safety, the Government Operations, and the
Budget and Capital Committees, That the following transactions are approved:
BUDGET APPROPRIATION:
FROM: General Fund Balance $89,923
TO:
Legislature — Project Assistant 1040.51000049 $3,900
$3,900
Information Technology Services — Software Licenses 1680.52230 $5,294
$5,294
Finance - Upgrade Financial System
Finance - License Fee
Finance - Dedicated Server to host Application
257
1315.54442 $5,642
1315.54400 $2,104
1315.52206 $4,768
August 1, 2006
$12,514
Assigned Counsel — Rent (to Facilities 1170.54432 $1,647
$1,647
Emergency Response — Equipment 3410.52220 $20,000
Emergency Response — Service Contracts 3410.54425 $20,000
$40,000
District Attorney — Confidential Investigation for
Upcoming Trials 1165.54485 $7,000
District Attorney — Expert Witness Fee for Upcoming
Trials 1165.54483 $10,000
District Attorney — Extradition for Upcoming Trials 1165.54479 $5,000
District Attorney — Professional Services 1165.54442 $4,568
$26,568
SEQR ACTION: TYPE 11-20
RESOLUTION NO. 139 — RESOLUTION REQUESTING A CALL FOR STATEWIDE SCHOOL
AID REFORM
It was MOVED by Mr. Koplinka-Loehr, seconded by Mrs. McBean-Clairborne. A voice vote
resulted as follows: Ayes 11; Noes — 3 (Legislators Hattery, Proto, and Randall); Excused — 1
(Legislator Sigler). RESOLUTION ADOPTED. Ms. Robertson noted that school funding based upon
property taxes is not the best method and the resolution addresses this issue.
WHEREAS, there is a dual crisis within New York State's school system, and
WHEREAS, New York State is 48th in graduation rates and number one in property taxes, and
WHEREAS, as the State's share of public education costs drops, Local school districts are forced
to either make cuts in programs or increase their local school taxes to make up the difference and the
result is struggling schools and skyrocketing property taxes, and
WHEREAS, a shifting of a larger share of school funding away from local property taxes and
into the State budget would produce fundamental changes in the growth of property taxes, and
WHEREAS, the only way to solve both problems is to fundamentally reform school funding so
that a much larger share is funded through the State budget, and
WHEREAS, such reform, coupled with a commitment by the State to provide a large infusion of
additional school funding resources to school districts with the greatest unmet educational needs will have
significant positive impacts in bringing property taxes under control and improving graduation rates and
other educational outcomes, and
WHEREAS, any reforms that seek to solve only one part of this two-pronged crisis are likely to
exacerbate the other, and
WHEREAS, it is highly desirable to solve both the problem of low graduation rates and the
problem of skyrocketing local taxes by funding a larger portion of school budgets through the State
budget, now therefore be it
RESOLVED, on recommendation of the Budget and Capital Committee, That the Tompkins
County Legislature strongly supports the enactment of statewide legislation to resolve both the problem
of low graduation rates and skyrocketing local taxes,
RESOLVED, further, That we call upon State leaders to adopt real school aid reform that shifts
the burden of paying for our schools away from local tax dollars and into the State budget and targets
additional money toward those districts with the highest need,
RESOLVED, further, That this resolution should be sent to Governor Pataki, gubernatorial
candidate Eliot Spitzer, gubernatorial candidate John Faso, gubernatorial candidate Tom Suozzi, and all
members of the State legislature representing Tompkins County.
SEQR ACTION: TYPE 1I-20
258
August 1, 2006
Approval of Minutes
It was MOVED by Ms. Robertson, seconded by Mrs. McBean-Clairborne, and unanimously
adopted by voice vote by members present, to approve the minutes of the July 18 and 19, 2006, meeting
as submitted. MINUTES APPROVED.
Adjournment
On motion and duly seconded, the meeting adjourned at 8:22 p.m.
259
August 15, 2006
Regular Meeting
Called to Order
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: 13 Legislators. Excused: 2 (Legislators Mackesey and Robertson).
Privilege of the Floor by the Public
Renata Ballard, City of Ithaca resident and member of the Ithaca Board of Realtors, presented a
petition to the Legislature in opposition to the adoption of a transfer tax. Ms. Ballard stated that
Tompkins County already some of the highest closing costs in New York State. She said the Transfer
Tax is regressive and makes homeownership difficult for first time homebuyers.
CJ DelVecchio, Lansing resident and member of the Ithaca Board of Realtors, spoke in
opposition to the adoption of a Transfer Tax in Tompkins County. She said while this is a cost to the
seller, it is likely it would be transferred to the buyer. She said it would not be good for Tompkins
County to be the first county in New York State to adopt a Transfer Tax.
Presentation of Distinguished Youth Award
Ms. Kiefer, District No. 10 Legislator, presented the August 2006 Distinguished Youth Award to
Peter and Donald Quinn -Jacobs, of Sodom Road in Dryden. Peter and Donald were nominated by Local
resident Linda Finlay who commended the two for four years of unwavering participation in the Ithaca
Peace Vigil. Finlay's letter stated `'the boys began vigiling in August of 2002 and have been at it every
Wednesday morning since, through sub -zero temperatures and rain and heat" and, in doing so, serve as
an inspiration."
Privilege of the Floor by Legislators
Mr. Dennis, District No. 15 Legislator, announced Jim Trelease is coming to the Ithaca High
School Auditorium on September 11th.
Mr. Randall, District No. 9 Legislator, announced the Groton Old Home Days celebration will
take place this weekend and invited everyone to attend.
Mr. Proto, District No. 7 Legislator, on behalf of the Agricultural and Farmland Protection Board,
thanked the community for attending the open house for Farm City Day this past weekend. He said it was
a very well attended event.
Chair's Report
Mr. Joseph reported he attended the groundbreaking ceremony Monday for the beginning of
construction for the Public Safety Communication System.
Report from the County Administrator
260
August 15, 2006
Mr. Whicher called attention to a card placed on Legislators' desks that contain emergency
contact information for County officials.
Mr. Whicher requested confirmation of the appointment of Lisa Holmes to the position of
Director of the Office for the Aging.
It was MOVED by Mr. Proto, seconded by Ms. Herrera, and unanimously adopted by voice vote
by members present, to confirm the appointment of Lisa Holmes to the position of Director of the Office
for the Aging. APPOINTMENT CARRIED.
Report from the County Attorney
Mr. Wood had no report.
Report from the Finance Director
Mr. Squires reported he distributed information from the New York State Office of Taxation and
Finance that explains rebates that will be issued in September to real property owners, which are being
assessed by school districts. Mr. Squires reported a property owner has come forward to pay back taxes
owed to the County in the amount of $284,000; he noted this is one of the largest amounts of back taxes
owed.
Addition of Resolution(s) to the Agenda
There were no resolution(s) added to the agenda.
Withdrawal of Resolution(s) from the Agenda
Chair Joseph gave Mr. Koplinka-Loehr permission to withdraw from the agenda the resolution
entitled Adoption of Local Law No. 1 of 2006 — A Local Law Authorizing a Tax on Real Estate
Transfers.
Approval of Resolution(s) Under the Consent Agenda
It was MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice vote by
members present, to approve the following resolutions under the Consent Agenda:
RESOLUTION NO. 140 - BUDGET ADJUSTMENTS — VARIOUS DEPARTMENTS
MOVED by Mr. Booth, seconded by Mr. Proto, 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 Facilities and
Infrastructure Committees, That the Director of Finance be directed to make the following budget
adjustments on his books:
Highway
Revenue Acct Title Amt Approp Acct Title
599 Fund Balance $65,000 5130.52233 Highway Equipment
Explanation: Purchase of Loader.
261
August 15, 2006
Youth Services
Revenue Acct Title Amt Approp Acct Title
7020.42797 Other Local Government $ 6,000 7020.54442 Professional Service Fees
Explanation: The County Youth Services Department currently has a contract with Workforce
Development for JobLink services. The current contract was through June 30, 2006. At this time, that
contract is being extended until September 30, 2006.
SEQR ACTION: TYPE 11-20
RESOLUTION NO. 141 - AUTHORIZING PERMANENT INCREASE OF STANDARD
WORKWEEK TO 40 HOURS FOR ONE FINANCIAL
INVESTIGATOR — DEPARTMENT OF SOCIAL SERVICES
MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice vote by
members present under the Consent Agenda.
WHEREAS, the Department of Social Services (DSS) wishes to increase by 5.0 hours the
standard workweek associated with the Financial Investigator position dedicated to the Employment Unit,
the Family Court Custody Court, and the Intake Unit at DSS, and
WHEREAS, the Department will receive a mix of Federal and State reimbursement which,
combined, will cover eighty percent of the additional costs associated with this increase, and
WHEREAS, the Department of Social Services anticipates that, owing to delays in filling
vacancies which arose earlier in the year, it already has sufficient spending authority in its 2006 salary
lines to cover the payroll costs associated with this increase, and
WHEREAS, the Department of Social Services has a qualified employee, presently working 35.0
hours/week in that title, willing to take on the additional workload and hours, now therefore be it
RESOLVED, on recommendation of the Health and Human Services, and the Budget and Capital
Committees, That effective August 1, 2006, the standard workweek of one of the Department of Social
Services' 1.0 FTE Financial Investigators — Grade 1 1 (536) position be increased to 40.0 hours per week.
SEQR ACTION: TYPE 11-20
RESOLUTION NO. 142 - AUTHORIZATION OF A FIVE-YEAR EXTENSION TO THE
AGREEMENT WITH CORNELL UNIVERSITY FOR DISCOUNT
PARKING AT THE ITHACA TOMPKINS REGIONAL AIRPORT
MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice vote by
members present under the Consent Agenda.
WHEREAS, Cornell University wishes to extend its agreement for discount parking at the Ithaca
Tompkins Regional Airport, and
WHEREAS, Cornell University will guarantee the County a minimum of $45,000 per year from
Cornell -authorized vehicles parking in the airport's long-term and short-term parking lots, and
WHEREAS, in return for said minimum guarantee the County will provide parking spaces for
Cornell -authorized business travelers at seventy-five percent of the normal pre -sales tax fee, now
therefore be it
RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the County
Administrator be authorized and directed to execute an agreement with Cornell University for an
additional five years commencing May 1, 2006.
SEQR ACTION: TYPE 11-20
262
August 15, 2006
RESOLUTION NO. 143 - AUTHORIZING ACCEPTANCE OF A FEDERAL AVIATION
ADMINISTRATION (FAA) GRANT TO PURCHASE SNOW
BLOWER; PERFORM ENVIRONMENTAL ASSESSMENT
(PHASE H) - (AIP PROJECT No. 3-36-0047-45-06) — ITHACA
TOMPKINS REGIONAL AIRPORT
MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice vote by
members present under the Consent Agenda.
WHEREAS, the County has received a grant offer from the Federal
(FAA) in the amount of $555,750.00 to purchase a Snow Blower and to
Environmental Assessment for Obstruction Removal, and
WHEREAS, the budgets for these two projects are as follows:
FAA Share ( 95.0%) Account No. HT 5601.44592
NYSDOT Share( 2.5%) Account No. HT 5601.43592
Local Share ( 2.5%) Account No. HT 5601.45031
Total
, now therefore be it
RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the grant
offer from the FAA of $555,750.00 be and hereby is accepted and that the County Administrator is
authorized to execute the required documents.
SEQR ACTION : TYPE II -20
Aviation Administration
conduct Phase 11
$555,750.00
$ 14,625.00
$ 14,625.00
$585,000.00
of an
RESOLUTION NO. 144 AUTHORIZING APPLICATION FOR NEW YORK STATE
DEDICATED TRANSIT FUNDING FOR TOMPKINS
CONSOLIDATED AREA TRANSIT (TCAT) IN STATE FISCAL
YEAR 2005/06
MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice vote by
members present, under the Consent Agenda.
WHEREAS, the Governor of the State of New York awarded a grant of State Dedicated
Transportation Funds in the amount of $1,168,000 for State Fiscal Year (SFY) 2005/06 to purchase buses
and improve transit facilities in Tompkins County, and
WHEREAS, Tompkins County, wishes to apply for $1,168,000 in State Dedicated Funds on
behalf of Tompkins Consolidated Area Transit, Inc., to plan and make public improvements to the public
transportation system, and
WHEREAS, the $1,168,000 State Dedicated Transportation Fund grant will reimburse one
hundred percent of the cost of. roposed projects as follows•
, no
RESOLVED, on recommendation of the Budget and Capital Committee, That the Tompkins
County Legislature authorizes the application for $1,168,000 in SFY 2005/06 State Dedicated
Transportation Funds to the New York State Department of Transportation (NYSDOT) for the above -
listed projects,
Project Description
SDF Funds
Purchase (3) 40 ft. low -floor hybrid electric diesel replacement buses
$907,969
Purchase ancillary bus equipment — fare collection and bus video
equipment
$54,809
TCAT City Center Project: a/e design and construction monitoring
professional services, wayfinding signs and bicycle racks.
$175,000
Smartcard Project
$30,222
Total
$1,168,000
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August 15, 2006
RESOLVED, further, That Tompkins Consolidated Area Transit, Inc., will be reimbursed one
hundred percent by New York State Department of Transportation funds, which are received by
Tompkins County and passed through to TCAT,
RESOLVED, further, That Tompkins County will accept these State funds through a
supplemental contract agreement with the New York State Department of Transportation after
NYSDOT's approval of the grant application.
SEQR ACTION: TYPE I1-20
Report from the Workforce Development and Inclusion Committee
Mrs. McBean-Clairborne, Chair, reported the Committee will meet August 23`d at 3:30 p.m.
Report from the Health and Human Services Committee
Mr. Proto, Chair, reported the Committee met August 2❑d and had the opportunity to hear from
Nancy Zahler, Director of Youth Services, on the Youth Services Report and a concern about the Town of
Ulysses withdrawing from the Recreation Partnership. Ms. Zahler also provided the Committee with a
report on the issue of gang violence. The Committee heard from Patricia Carey, Commissioner of Social
Services, about the monthly statistical reports and she will be coming back next month to discuss the
monthly reports that are part of the agenda packet each month. Mr. Proto invited Legislators to a special
meeting to be held on August 2ls' at 8 a.m. to listen to representatives of the Human Services Coalition
highlight agencies that they deal with and concerns they have.
The Health Planning Council is putting together a presentation on the Avian Flu that will be given
on September 20'at the Public Health Department.
Report from the Facilities and Infrastructure Committee
Mr. Randall, Chair, reported the Committee met on August 8. At that meeting Mr. Marx,
Commissioner of Planning, reported that the Over Target Request for the Facilities Division will be less
due to an energy savings the Division is realizing. The next meeting will be August 22 at 3 p.m.
Report and Presentation of Resolution(s) from the Planning, Development and Environmental
Quality Committee
Ms. Herrera, Vice Chair, reported the next Committee meeting will be August 30 at 3 p.m.
RESOLUTION NO. 145 — RESOLUTION AUTHORIZING THE CHIEF ADMINISTRATIVE
OFFICER OF TOMPKINS COUNTY TO SIGN THE
MEMORANDUM OF AGREEMENT FOR THE STORMWATER
COALITION OF TOMPKINS COUNTY
MOVED by Ms. Herrera, seconded by Mr. Stevenson. It was noted that in future years this item
would be budgeted by the Planning Department. A short roll call vote resulted as follows: Ayes — 13,
Noes — 0, Excused — 2 (Legislators Mackesey and Robertson). RESOLUTION ADOPTED.
WHEREAS, the United States (U.S.) Environmental Protection Agency (EPA) promulgated the
Phase I1 stormwater regulations (regulations) in 1999 that require owners and operators of small
Municipal Separate Storm Sewer Systems (MS4s) in urbanized areas to obtain a permit to discharge
stormwater to the waters of the U.S., and
264
August 15, 2006
WHEREAS, Tompkins County; the City of Ithaca; the Towns of Caroline, Dryden, Ithaca,
Lansing, Newfield, and Ulysses; and the Villages of Cayuga Heights and Lansing have been designated
by EPA as regulated owners of MS4s, and
WHEREAS, to maintain coverage under the New York State Pollutant Discharge and Elimination
System (SPDES) permit, regulated MS4s must prepare and implement a stormwater management
program, and
WHEREAS, representatives of the regulated MS4s have been meeting since 2003 as the
Stormwater Coalition of Tompkins County (Coalition) to identify and implement common elements of
their respective stormwater management plans, and
WHEREAS, by working collaboratively and cooperatively with other Coalition members to meet
the requirements of these regulations, Tompkins County can make more efficient use of resources
allocated to meet the requirements of these regulations, and
WHEREAS, the Coalition has developed a Memorandum of Agreement (Agreement) that
describes the membership requirements and activities of the Coalition, and
WHEREAS, by signing this Agreement Tompkins County formalizes its membership in the
Coalition and will be assessed an annual membership fee, now therefore be it
RESOLVED, on recommendation of the Planning, Development, and Environmental Quality
Committee and the Budget and Capital Committee of the Tompkins County Legislature, That the County
should formalize its membership in the Coalition,
RESOLVED, further, That the membership fee of $1,500 for 2006 will be paid from the
contingency fund,
RESOLVED, further, That the Finance Director be authorized to make the following budget
appropriation:
FROM: A1990 Contingent Fund $1,500
TO: A1920.54416 Membership Dues $1,500
RESOLVED, further, That the County Administrator or his designee be authorized to sign the
Memorandum of Agreement for the Stormwater Coalition.
SEQR ACTION: TYPE: 11-20
Report and Presentation of Resolution(s) from the Personnel Committee
Mr. Dennis, Chair, reported the Committee met and had a discussion on the CANA Rx program
and there is discussion about running a pilot program on a new plan. He reported the Workforce Diversity
and Inclusion Committee is going to be rolling out its new logo soon. There was also a discussion
relating to the performance evaluations for positions that report directly to the Legislature; discussion on
this will continue at the next meeting.
RESOLUTION NO. 146 - BUDGET ADJUSTMENT AND APPROPRIATION OF UNSPENT
GENERAL FUNDS FROM 2005 TO VARIOUS PERSONNEL
DEPARTMENT ACCOUNTS
MOVED by Mr. Dennis, seconded by Mrs. McBean-Clairborne. A short roll vote resulted as
follows: Ayes — 13, Noes — 0, Excused — 2 (Legislators Mackesey and Robertson). RESOLUTION
ADOPTED.
WHEREAS, various departments have been certified by the Director of Finance to have unspent
appropriations and excess revenues from 2005 resulting in a surplus of $808,028 on the County's books
as of December 31, 2005, and
265
August 15, 2006
WHEREAS, Resolutions Nos. 116 and 138 — "Budget Adjustment and Appropriation of Unspent
General Funds from 2005 to Various Accounts" were adopted on July 6, 2006, and August 2, 2006, which
transferred surplus funds in the total amount of $418,120 to various departments' current year budgets,
and
WHEREAS, the rollover request period was extended to August 2006, and
WHEREAS, pursuant to County Fiscal Policy, additional surplus funds have been requested for
use in the amount of $54,031 in the current year budget, now therefore be it
RESOLVED, on recommendation of the Personnel and the Budget and Capital Committees, That
the following transactions are approved:
BUDGET APPROPRIATION:
FROM: General Fund Balance $54,031
TO:
Personnel — Purchase four new computers and two printers 1430.52206 $6,070
Personnel — Professional Services to cover Health Care
Consultant Contract 1346.52210 $9,261
Personnel — Training, Diversity, and Workplace Incentives 1987.54442 $33,500
Personnel — Purchase Shelving Units for Records
Management 1460.54400 $4,000
Personnel — Purchase five Windows Upgrades 1430.52230 $1,200
SEQR ACTION: TYPE 1I-20
$54,031
Report from the Government Operations Committee
Ms. Herrera, Chair, reported the Committee will meet tomorrow, August 16, at 3 p.m.
Report from the Budget and Capital Committee
Mr. Koplinka-Loehr, Chair, reported the Committee met August 14°i Mr. Squires reported the
retirement bill was $300,000 less than anticipated; however, this could be the result of the way the billing
cycle ended. Mr. Koplinka-Loehr reported on the overrun in Jail boardout costs and noted there is still
three months remaining in the year. He invited all Legislators to attend the August 28 Committee
meeting where Mr. Whicher will give a briefing about what the budget will contain. He announced the
Expanded Budget Committee calendar is now final; he also noted the final date for the community forum
on the budget has not been finalized.
Report and Presentation of Resolution(s) from the Public Safety Committee
Mrs. McBean-Clairborne, Chair, reported the Committee met on August 3`d and heard several
reports. Michael Lane, former Legislator, spoke to the Committee about his request to the Legislature to
consider revisiting the issue of pursuing a joint jail facility with Cortland County. The committee
received a report from the Criminal Justice Advisory/Alternatives to Incarceration Board on the report
they have been working on for the last year. There were a number of recommendations contained in the
report that Mrs. McBean-Clairborne summarized. Ms. Leinthall, Director of the Department of
Probation and Community Justice, spoke to the Committee about a new program the Department is
working on that would provide internet monitoring of sex offenders. The intention of this new program is
to assist in preventing offenders from reoffending. She noted there are a number of issues surrounding
this that still need to be worked out. The Assigned Counsel Program reported it will be relocating to a
larger office down the hall from the current space. The Department of Emergency Response reported the
Public Safety Communications System is progressing and moving forward. At the meeting Mr. Whicher
informed the Committee that Cornell University has expressed an interest in becoming involved in the
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August 15, 2006
Communications System. Judge Olds was also in attendance at the meeting to provide an overview of the
Ithaca Community Treatment Court.
RESOLUTION NO. 147 - DESIGNATION OF THE NATIONAL INCIDENT MANAGEMENT
SYSTEM (NIMS) AS THE BASIS FOR ALL INCIDENT
MANAGEMENT IN THE COUNTY OF TOMPKINS
MOVED by Mrs. McBean-Clairborne, seconded by Mr. Hattery, and unanimously adopted by
voice vote by members present.
WHEREAS, the President in Homeland Security Directive (HSPD)-5, directed the Secretary of
the Department of Homeland Security to develop and administer a National Incident Management System
(NIMS), which would provide a consistent nationwide approach for Federal, State, local, and tribal
governments to work together more effectively and efficiently to prevent, prepare for, respond to, and
recover from domestic incidents, regardless of cause, size, or complexity, and
WHEREAS, the collective input and guidance from all Federal, State, local, and tribal homeland -
security partners has been, and will continue to be, vital to the development, effective implementation,
and utilization of a comprehensive NIMS, and
WHEREAS, it is necessary and desirable that all Federal, State, Local, and tribal emergency
agencies and personnel coordinate their efforts to provide the highest levels of incident management, and
WHEREAS, to facilitate such incident management it is critical that Federal, State, local, and
tribal organizations utilize standardized terminology, standardized organizational structures, interoperable
communications, consolidated action plans, unified command structures, uniform personnel qualification
standards, uniform standards for planning, training, and exercising, comprehensive resource management,
and designated incident facilities during emergencies or disasters, and
WHEREAS, the NIMS standardized procedures for managing personnel, communications,
facilities, and resources will improve the County's ability to utilize Federal funding to enhance local and
State agency readiness, maintain first responder safety, and streamline incident management processes,
and
WHEREAS, the Incident Command System components of NIMS are already an integral part of
various incident management activities throughout the County, including the current emergency
management training programs, and
WHEREAS, the National Commission on Terrorist Attacks (9-11 Commission) recommended
adoption of a standardized Incident Command System, now therefore be it
RESOLVED, on recommendation of the Public Safety Committee, That the Tompkins County
Legislature does hereby establish the National Interagency Incident Management System (NIMS) as the
County standard for incident management,
RESOLVED, further, That the Tompkins County Comprehensive Emergency Management Plan,
its appendices, annexes, and mutual -aid plans, be amended as appropriate by the Department of
Emergency Response to reflect the adoption and practice of the NIMS standard by county government
and partnered entities.
SEQR ACTION: TYPE 11-20
Announcement
Legislator Proto announced effective August 20 TCAT TCAT fares are changing.
Adjournment
On motion the meeting adjourned at 6:32 p.m.
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Regular Meeting
Called to Order
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.
Privilege of the Floor by the Public
Allen Lambert, East Falls Street, spoke in opposition to the manner property assessments are
completed. He stated previous correspondence to the County and Director of Assessment has not yet
been responded to and since then, additional research confirms his belief errors in assessment calculations
are taking place. Mr. Lambert also expressed his desire for the Legislature to honestly speak to the issue
of expenditures and that alternatives such as cutting services rather than pass what could be viewed as
hidden taxes such as the proposed transfer tax would be preferred.
Richard Patterson, President of the Ithaca Board of Realtors, delivered additional petitions against
the resolution entitled "Adoption of Local Law No. 1 of 2006 — A Local Law Authorizing a Tax on Real
Estate Transfers". He also asked that consideration be given to the low- and moderate -priced
homeowners in Tompkins County whose only asset is the equity in their home. Mr. Patterson pointed out
that the transfer tax may create a situation where a capital gain would be greater for the individual with
the lower- to moderate -priced home. He feels the tax should be based on gain rather than the price of a
home.
Steve Vrana, Ellis Hollow Road, shared photographic layouts of the difference between the north
and south side of Ellis Hollow Road at different locations. He feels consideration should be made not to
move the centerline more north as it would have a detrimental impact on homes and property located on
the north side of the road. He stated if it is moved more north where older homes are close to the existing
road, homeowners would lose landscaping, deal with noise pollution, and decrease the value of their
home with regard to future sales.
David McFarren, Ellis Hollow Road, read the following statement:
"Between 1984 and 1987, I served on the school board here in Ithaca. Years later and to this day I
like to tell people that —I served my full three-year sentence. And the dominant worries I faced on the
board were —Am I doing the right thing? Am I taking the easy way out? Am I worthy of the public trust?
I am sure that you, sitting here on this board, have many of the same thoughts.
"Tonight I come before you to speak about the proposed moving of the centerline of Ellis
Hollow Road to the north and to ask you two difficult questions. But first, a little geology.
"As rainwater and snowmelt trickle down the slope on the south side of Ellis Hollow Road, fine
particulates and organic matter are deposited on the hillside. During heavy rains, lots of material gets
washed into the ditch. As you know, the highway department spends lots of money every year to keep
these cleaned out. And every year, the hillside to the south encroaches a tiny bit more on the roadway. It's
a never-ending battle. If left on its own, the ditch would soon fill up and disappear and the sediments
would start to overtake the roadway -eventually creating a smooth, continuous slope once again and no
road at all. Obviously, we can't let that happen.
``But, because of these natural actions, IT WILL ALWAYS BE EASIER TO MOVE THE ROAD
DOWNHILL TO THE NORTH. If you drive down Ellis Hollow Road, you will notice that many of the
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houses on the north side of the road are closer to the road than those on the uphill south side. Why? Has
the road already been moving imperceptibly downhill since the days of the horse and buggy? It's only
natural that it would. It's the easy way out.
"That brings me to the first of my two questions. How many of you own your own homes here in
Tompkins County. Can I see a show of hands? So you have all been house -hunting at sometime or other.
My question for you is When is a house too close to the road? At what point do you not even get out of
the Realtor's car to look because you feel that the house is too close to the road? What would it feel like to
be living in a house that no one will buy because it is perceived as being too close to the road?" Oh, and
by the way, it is not only the proximity to the roadway that I am talking about. As the road moves closer to
your front door, the noise of the cars and trucks passing by gets louder and louder. On the uphill side of
the road, the hillside acts as a natural barrier to block and deflect many of the sounds of the roadway. On
the downhill side, there is no such advantage to be had. It's a double whammy.
"My second question to you concerns a matter of fairness. Jim Dewey of 1556EIlis Hollow Road
moved to this address in 1959. In 1959, I was only ten years old. And Jim tells me that since he has lived
on the road, he remembers the centerline being moved to the north, closer to his house at least once if not
twice. Of course, there are probably no records of this happening. Back in those days, the road builders
simply did the work without consulting anybody. Probably no lawyers were involved either and no
paperwork. But we don't do things that way today. We have meetings and discuss proposals and build
consensus. It's only right. So I am asking you all this evening if it is the right thing to do to, once again,
take the easy way out, and propose that the centerline be moved downhill to the north. It's easier. It's
cheaper. BUT IS IT THE RIGHT THING TO DO?"
Norman Vrana, Ellis Hollow Road, stated his home is on the north side of the roadway and he
feels to move the centerline is setting a bad precedent. Mr. Vrana feels that unless the possibility is
disclosed to a homeowner prior to purchase the assumption is this will not occur. He also feels that
unless the widening of the road can be done in a manner to keep the centerline of the road as it presently
is no work should take place.
Cynthia Hannah -White, Ellis Hollow Road, questioned the need to widen the road and believes
this will only increase the quantity and speed of traffic. She also believes moving the centerline to the
south is better as more homes are closer to the northern side of the road, as well as the northern homes
having landscape features. Her house is on the north side and already has a steep driveway will it be even
steeper? Ms. Hannah -White feels that without formal eminent domain proceedings it is illegal for the
County to take land as suggested and will proceed with appropriate steps if she determines she is correct.
Robert Kuehn, Ellis Hollow Road, agreed with the previous statements relating to speeding and
location. He doesn't feel that shoulders should be widened for bike lanes and that to widen the road will
eliminate hedges and other landscape features that have been in the community for years. He hopes a
better plan will be developed and if not will consider seeking legal counsel.
Kimberly Michaels of 1430 Ellis Hollow Road read the following statement:
"The proposal to re -align and widen Ellis Hollow Road brought to the residents this summer by
the County is unacceptable to many residents. While I agree that the road needs repair, it does not need to
be widened.
"Ellis Hollow Road is the spine for a very active community. We see our road as an integrated
part of our neighborhood. Pedestrians and bicyclists frequent the road. Many of us living along the road
have children and pets. There is a concern that current speeds on the road present a safety hazard, as
many vehicles exceed the 45 -mile an hour speed limit. Construction and delivery traffic often uses Ellis
Hollow Road as a shortcut between Rte. 79 and Cornell, adding to the safety concerns. Many of our
mailboxes are across the street forcing residents to cross speeding traffic to get their mail, and nearly
every resident has a story to tell about an accident that occurred near their home, or, unfortunately, ran
into their yard.
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"Widening the road and adding shoulders will only lead to increased traffic and speeds.
Information on traffic calming tells us that narrower roads lead to slower speeds and safer neighborhoods.
Ellis Hollow is a community that is seeking to preserve its neighborhood character in the face of these
road improvements. In the interest of maintaining a neighborhood feel, and a safe place for our children
and homes, I request that the revised proposal does not include road widening.
"Furthermore, along the north side of the road, the houses, particularly the historic homes, are
very close to the road. The proposal given this summer included moving the road further north, and
adding width to the shoulders. Also included in this proposal would be the grading necessary to
implement these changes. Moving the road closer to homes already so near to the street disrupts the
living conditions for families on the north side, reducing the buffer of their front yards and increasing the
noise levels in their homes. Re -aligning the road, widening the shoulder, and re -grading will also wipe
out many of the homeowners' property improvements. Fences, trees and gardens will be affected. One
of the aesthetic as well as traffic calming qualities of Ellis Hollow Road is that it is tree -lined for much of
its length. Even small grade changes, such as a few inches, is enough to kill trees. Wiping out long
banks of mature trees will not only change the character of the neighborhood, it will lead to increased
speeds, and will take years and years to regenerate.
`'Perhaps the most compelling point is that legally, the residents of Ellis Hollow own to the center
of the roadway. The county has rights to improve any land that they currently use, but do not have legal
standing to take land from any property owner. This issue has been fought and lost by the county on two
occasions in recent history. It is completely unacceptable that the county continues to represent to the
community and to its designers that they have rights to land when they do not. I strongly and respectfully
ask this committee not to consider any plans in which property is taken from a resident along Ellis
Hollow."
Pat Pryor, Lansing, spoke in opposition of the resolution entitled "Adoption of Local Law No. 1
of 2006 — A Local Law Authorizing a Tax on Real Estate Transfers". She said the constituency of future
homeowners is organized, but just because it's easy to pass this tax, she expects better from fellow
Democrats. She indicated that as a senior citizen the proceeds from her recent sale are being utilized to
make improvements to the downsized home recently purchased. Ms. Pryor stated the recent purchases of
ramps, fencing, insulation, etc. are to enable her to stay within her new home as she ages.
At this time Mr. Joseph noted there is no action item on the agenda with regard to Ellis Hollow
Road. He will ask that the resolution entitled "Adoption of Local Law No. 1 of 2006 — A Local Law
Authorizing a Tax on Real Estate Transfers" be moved up on the agenda to allow those speaking to the
issue to be present during discussion.
Privilege of the Floor by Legislators
Ms. Herrera, District No. 5 Legislator, said that although she had missed the Labor Day picnic at
Stewart Park, she had been informed that fellow Legislator, Nathan Shinagawa, had been named "Friend
of Labor'' for his work on health care initiatives.
Mr. Proto, District No. 7 Legislator, asked that Mr. Randall, as Chair of Facilities and
Infrastructure, provide an update on Ellis Hollow Road. He then shared information on individuals
receiving billings from New York State Electric and Gas that the dates have been shortened and some are
receiving a billing with a zero balance. Mr. Joseph indicated this is due to a refund due customers as a
result of an estimation overcharge. Mr. Proto cautioned individuals to confirm that the zero billings are
correct. He also spoke of a Public Service Commission mandate to refund money to New York State
Electric and Gas customers.
Ms. Robertson, District No. 13 Legislator, said there was a public meeting in July regarding the
Ellis Hollow Road reconstruction. She noted she has been working with the appropriate Public Works
staff regarding the project, which is still in the planning stage, with no final determination of the road
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design. She intends to forward information regarding the project to the community within the week. She
then spoke of upcoming open enrollment for Medicare Part "D" between November 15 to December 31
for any individual not yet enrolled. There are a number of clinics being held at Lifelong, one of which is
September 6 from 10:00 a.m. to 12:00 noon; questions regarding Medicare Part "D" should be directed to
Lifelong or the Tompkins County Office for the Aging. Ms. Robertson then announced a primary
election is coming up on September 12 and urged residents to participate.
Mr. Booth, District No. 3 Legislator, requested that the Legislators be provided with a summary
of the law with regard to the legal need to widen a highway and what the County's rights are with regard
to moving a centerline without pursuing eminent domain proceedings. He believes it would be useful for
Legislators to have this information. Mr. Wood indicated he had already received this request from Mr.
Marx, Commissioner of Public Works and Planning.
Mr. Dennis, District No. 15 Legislator, reminded Legislators of the September 111h Family
Reading Partnership program featuring Mr. Jim Trelease to be held at the Kulp Auditorium at 7:30 p.m.
Members of the Legislature are invited to learn more about the value of reading to children.
Mr. Proto announced that he hoped Ms. Pryor and the public realize that all members of the
Legislature will be responsive to requests made and that it is recognized that there will be a level of
fairness, regardless of party affiliation.
Mr. Stevenson, District No. 8 Legislator, announced that during the weekend of September 16
Newfield will be having its Old Home Days. This year's theme is to honor Mazourek Farms one -hundred
years within the community. Mr. Stevenson invited all residents to participate in the charm of a small
community.
Report and Presentation of Resolution(s) from the Budget and Capital Committee
Mr. Koplinka-Loehr, Chair, stated that most items undertaken by the Committee can be found
within the agenda or summarized in the 2007 Proposed Budget materials provided to members.
RESOLUTION NO. 148 - ADOPTION OF LOCAL LAW NO. 1 OF 2006 - A LOCAL LAW
AUTHORIZING A TAX ON REAL ESTATE TRANSFERS
MOVED by Mr. Koplinka-Loehr, seconded by Mr. Booth.
Mr. Stevenson spoke in opposition to the resolution and noted it caused the most significant
public input of any issue since he has become a member of the Legislature. He stated all constituents who
have contacted him have been against the transfer tax and that it is not the way they wish to have the
Legislature respond to financial need.
Mr. Proto agreed with Mr. Stevenson and noted the time to consider an issue such as this is
during or subsequent to the budget deliberations; he will not support the resolution.
Ms. Kiefer spoke of the fact the 2005 Legislature had voted to include revenue from the
anticipated tax within the 2006 budget and for her the resolution is simply a follow-through to that
decision. She noted new members may not feel there was an opportunity for their input, however she will
support the resolution for the reasons stated.
Ms. Mackesey indicated it is a difficult decision for her to make regarding whether to support the
resolution, however this evening she cannot support it. She believes in taxes as a manner to provide many
wonderful things for our country such as lunch programs, bridges, roads, immunizations, etc., however
the past twenty-five years have not shown a continuation of positive decisions. Ms. Mackesey spoke of
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her disappointment in the manner the Federal government has shifted from assistance to a system that
created winners and losers as well as eliminating programs. Ms. Mackesey said as a result of choices
made by State and Federal government the County is trying to keep services at a level that assists the
residents, yet neither young or older citizens can afford to continue paying the taxes.
Mr. Randall spoke in opposition of the resolution, noting it would take away additional funds
from those who do not have a great deal.
Ms. Robertson said of total local property tax, three-quarters is school tax; the County was able to
keep the levy flat from 2005 to 2006, and continues to seek ways to reduce expenses and maintain a zero
percent increase in the tax levy. She also spoke of being disappointed that the Ithaca Board of Realtors
site did not indicate what the Toss would be to residents. Ms. Robertson noted a variety of potential cuts if
the transfer tax is not adopted. While she agrees with Ms. Mackesey there is a need to restructure
government she disagrees with Ms. Mackesey's conclusion, noting the transfer tax represents a fee that
may be paid only once or twice within a lifetime rather than each year, which makes it more palatable.
Mr. Sigler is opposed to the resolution; he is disappointed that anticipated revenue had been
budgeted for the current year that creates a shortfall. He believes the transfer tax could be a problem and
in light of the public outpouring against the tax he will not vote in favor of it.
Mr. Joseph explained he will vote in favor of the resolution and noted that it is a manner to fund
County programs that would not require an annual increase in property taxes that could potentially force a
sale of a home to pay for the taxes. He also spoke of the proposed budget cuts and the need for the
Legislature to determine the best manner to provide for the citizens of the County with the least impact.
Ms. Kiefer desired to correct information included in the Ithaca Board of Realtors transfer tax
information and noted that Tompkins County is not the first county to enact a transfer tax. She shared
information indicating that Erie, Broome, and Nassau County each have a transfer tax that has been in
place for almost a decade; at .5%, .1% and 1% respectively. She said Tompkins County's .2% transfer
tax puts it in the lower end of the tax rates.
Mr. Booth said it is correct for the County to seek additional ways to raise revenue that reduces
pressure on property taxes. He said there are reasons not to support the resolution, and he assumes a
referendum would vote down this proposed change. Mr. Booth said although the transfer tax is not a
desirable tax, it is less undesirable than raising property taxes. He believes the general property tax is an
especially burdensome tax because there is no relationship between the tax and a person's ability to pay
the tax. In addition, he noted there presently is a transfer tax in place with all the revenue going to the
State of New York; this transfer tax will provide a portion of this tax to the County. Mr. Booth said he
would reluctantly support the resolution.
Mr. Shinagawa noted people are normally opposed to additional taxation. In his discussions with
constituents some came to understand why the choice was made for a transfer tax, others did not. He
stated that without the transfer tax deeper cuts into services would affect the quality of life substantially to
the point of hurting the County overall. He will support the resolution.
Mrs. McBean-Clairborne said as a homeowner she dislikes taxes of any kind. If the resolution
passes she would like to remind the Legislature that by doing so, the taxes should not increase as though
it were nonexistent.
Ms. Herrera noted that a transfer tax would not benefit those who by nature of their business sell
numerous houses such as realtors and individuals who "flip" homes for profits. She also noted that for
those retired selling homes the amount of money the tax represents could be significant to them. She said
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the transfer tax is not intended to put the burden on any particular group of individuals, however, she
would like to see a sunset clause that would provide for a review of this tax.
Mr. Proto recalled a variety of taxes that were put in place as a temporary measure such as the
one percent sales tax enacted in the 1990's to restore the fund balance; it is still in place with the County
relying on the revenue. He asked for clarification of who would pay the transfer tax in the event the seller
is a tax-exempt organization; he recalled the responsibility would fall upon the buyer in this case. Mr.
Wood stated the grantor pays the tax unless under law is exempt. A specific list of who is exempt is used
and is different than a property tax exemption. If the seller falls into this category, the buyer pays the
transfer tax.
Ms. Herrera stated that if the resolution fails she is willing to raise the tax rate equivalent if the
Legislature directive cannot be met.
Mr. Koplinka-Loehr doesn't believe anyone likes to pass an additional tax. This is more like a
fee. He reviewed the history of the resolution, and noted the Governor only recently signed the
legislation. Mr. Koplinka-Loehr takes exception to Ms. Herrera's statement, stating he does not believe it
is possible to find an additional $500,000 in reductions to the budget as $1.6 has already been reduced.
Ms. Robertson noted the revenue was placed in the 2006 as one of many projections that are
made every year, based on the best information we have at budget time.
A roll call vote on the resolution resulted as follows: Ayes — 8 (Legislators Booth, Dennis,
Joseph, Kiefer, Koplinka-Loehr, McBean-Clairborne, Robertson, and Shinagawa); Noes — 7 (Legislators
Hattery, Herrera, Mackesey, Proto, Randall, Sigler, and Stevenson). RESOLUTION ADOPTED.
WHEREAS, Resolution No. 141 of 2005 requested an amendment to New York State Tax Law
Article 31 to permit Tompkins County to Impose a County Transfer Tax, and
WHEREAS, the request was approved by the New York State Assembly, New York State Senate,
and the Governor of New York State, and
WHEREAS, a public hearing was held before the Tompkins County Legislature on August 1,
2006, to hear all persons interested in proposed Local Law No. 1 of 2006 - A Local Law Authorizing a
Tax on Real Estate Transfers, now therefore be it
RESOLVED on recommendation of the Budget and Capital Committee, That proposed Local
Law No. 1 of 2006 - A Local Law Authorizing a Tax on Real Estate Transfers, is hereby adopted,
RESOLVED, further, That the Clerk of the Legislature shall publish in the official newspaper of
the County a notice of adoption containing a synopsis of said local law and shall within twenty days file
one certified copy in the Office of the County Clerk, and one copy with the Secretary of State.
SEQR ACTION: TYPE 11-20
Chair's Report
Mr. Joseph reported the first Expanded Budget Committee meeting will take place on September
6`' and noted these meetings will run through the dinner hour and asked that members donate to provide
meals during the meetings. He then stated that members could park in any open spot in the County
parking lot; if locating empty spaces becomes a problem the Legislature Clerk will reserve parking spots.
Mr. Joseph reminded members of a meeting on Friday, September 8th at 10:00 a.m. with Ithaca High
School Superintendent Judith Pastel to review their capital program.
Report from the County Administrator
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September 5, 2006
Mr. Whicher called attention to the two separate budget notebooks provided to members of the
Legislature and noted they represent one solution to meet the Legislative Directive, which may not be the
best one, and indicated he cannot support the Legislative -Directed proposed budget as being in the best
interest of Tompkins County. He said drastic program reductions were necessary to meet the zero percent
goal set by the Legislature and he had to look for any place to reduce the budget. Mr. Whicher said there
would be an overview of the budget at the first Expanded Budget Committee meeting held tomorrow. He
notes it includes spending up approximately six percent, much paid for with one-time money, and the
fund balance is drawn down too low. Mr. Whicher thanked departments and agencies for their hard work
completed, as well as Administrative staff for compiling the information. Mr. Proto inquired whether the
news relating to a twenty-eight percent savings for the 2008 retirement fund would affect the budget.
Report from the County Attorney
Mr. Wood reported the litigation relating to damage received to one of the Tompkins County
Sheriff's automobiles as a result of an accident has been resolved. The insurance company involved
attempted to shift partial blame to the officer, however, the outcome is that no responsibility was assigned
to the County.
Report from the Finance Director
Mr. Squires reported at the August 14`h meeting of the Budget and Capital Committee he
presented the final copy of the audit. The audit positively indicated the County has a good fund balance,
internal controls are in compliance, and the assets are safeguarded. There will be a formal publication
and notice of the final audit and interested parties may review it on the County website in the near future.
Mr. Squires responded to Mr. Proto's question regarding the 2008 retirement rates. He said that
the 2008 amount is due in February 2008, however, the County normally pays in 2007 to experience a
discount savings. Although there is a reported reduction in the rate he has not yet fully examined the
information. Mr. Squires said most employee contributions are approximately ten percent in 2006, the
2007 billing is approximately 9.2 percent of $26,000,000 in payroll, resulting in an approximate savings
of $300,000. Other areas of payroll for certain divisions such as corrections will have higher contribution
rates, which have not yet been included in his analysis. Mr. Squires said this reduction will not lower the
fringe rate, although it will reduce some pressure on the fringe budget line. Mr. Booth stated that he
assumes the fringe rate for 2007 is greater than 39 percent and asked how much more than this the fringe
rate actually is. Mr. Squires reported the 2005 rate was 40.8 percent and is currently approximately 41
percent, but the insurance rate for 2007 is unknown at this time and may result in an increase. Mr. Booth
spoke of the new requirement for an independent audit committee and requested written direction be
provided to members of this special committee regarding its responsibilities. He expressed concern that if
a formal statement is required there may be the need to have professional assistance for the committee.
Addition of Resolution(s) to the Agenda
It was MOVED by Ms. Herrera, seconded by Mr. Proto, and unanimously adopted by voice vote,
to add to the agenda the resolution entitled Budget Transfer — Board of Elections.
Withdrawal of Resolution(s) from the Agenda
Permission was given to the appropriate Committee Chair to withdraw the resolution entitled
Amending the Rules of the Legislature.
Approval of Resolution(s) Under the Consent Agenda
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It was MOVED by Mr. Proto, seconded by Ms. Mackesey, and unanimously adopted by voice
vote, to present for approval the following resolution(s):
RESOLUTION NO. 149 - ACCEPTANCE OF GRANT FROM NEW YORK STATE HOUSING
TRUST FUND CORPORATION FOR RESTORE PROGRAM —
OFFICE FOR THE AGING
MOVED by Mr. Proto, seconded by Ms. Mackesey, and unanimously adopted by voice vote
under the Consent Agenda.
WHEREAS, the Tompkins County Office for the Aging maintains a last -resort fund to pay
health- and safety-related repairs to homes of low-income clients, and
WHEREAS, client payments and subsidies are sought to cover the costs of repairs, and
WHEREAS, funding is often not adequate to cover costs without further assistance from the last
resort fund, and
WHEREAS, home repairs have been identified as a major need for low-income seniors in two
decennial countywide needs assessments, and
WHEREAS, the Tompkins County Office for the Aging has been awarded a grant from New
York State Housing Trust Fund Corporation to fund the RESTORE program in the amount of $40,000,
and
WHEREAS, the grant will serve the home repair needs of an estimated twenty households who
are in emergency situation, and
WHEREAS, the Tompkins County Office for the Aging has expressed a willingness to administer
the RESTORE program, now therefore be it
RESOLVED, on recommendation of the Health and Human Services Committee, that the County
hereby accepts this grant of $40,000,
RESOLVED, further, That the Finance Director is authorized to make the following adjustments
to his books:
REVENUE: A6779.43803 State Revenue $40,000
APPROPRIATION: A6779.51000215 Salary — Director $ 234
A6779.51000517 Salary — Outreach Director $ 739
A6779.51000529 Salary — Sr. Acct. Clerk/Typist $ 134
A6779.51000673 Salary — Principal Acct. Clerk/Typist $ 134
A6779.54303 Office Supplies $ 275
A6779.54400 Program Expense $38,000
A6779.58800 Fringes $ 484
SEQR ACTION: TYPE I1-1
RESOLUTION NO. 150 - DESIGNATION OF TOURISM PROMOTION AGENCY FOR
STATE FISCAL YEAR 2006-2007
MOVED by Mr. Proto, seconded by Ms. Mackesey, and unanimously adopted by voice vote
under the Consent Agenda.
WHEREAS, the Strategic Tourism Planning Board has traditionally recommended the
appropriate agency for designation of the New York State Tourism Promotion Agency (TPA) designation
as part of its review function for tourism matters, and
WHEREAS, the Strategic Tourism Planning Board has reviewed the matter with appropriate
agency representatives, and
WHEREAS, the Strategic Tourism Planning Board feels qualified to make a recommendation of
the best agency to have the TPA designation, now therefore be it
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September 5, 2006
RESOLVED, on recommendation of the Planning, Development and Environmental Quality
Committee, That the designation of the TPA for State Fiscal Year 2006-2007 be awarded to the
Ithaca/Tompkins County Convention and Visitor's Bureau (1/TCCVB),
RESOLVED, further, That the Director of the I/TCCVB report to the Planning, Development and
Environmental Quality Committee, or that which is appropriate, if change occurs.
SEQR ACTION: TYPE 11-20
RESOLUTION NO. 151 - ACCEPTANCE OF A SCENIC BYWAYS GRANT FROM THE NEW
YORK STATE DEPARTMENT OF TRANSPORTATION TO
IMPLEMENT THE CAYUGA LAKE SCENIC BYWAY CORRIDOR
MANAGEMENT PLAN - 2005
MOVED by Mr. Proto, seconded by Ms. Mackesey, and unanimously adopted by voice vote
under the Consent Agenda.
WHEREAS, the New York State Department of Transportation (NYSDOT) has awarded grant
funds to implement the Cayuga Lake Scenic Byway Corridor Management Plan, and
WHEREAS, the grant funds will be used to construct a kiosk and related interpretive signage to
promote additional visitors to the Cayuga Lake Scenic Byway and adjoining communities, and
WHEREAS, the grant requires a local sponsor for the grant, and
WHEREAS, Cayuga Lake Scenic Byway, Inc., a not-for-profit corporation of New York State,
has requested Tompkins County to act as local sponsor of the grant, and
WHEREAS, the Department of Planning is prepared to work with Cayuga Lake Scenic Byway,
Inc., to manage this program, and
WHEREAS, Cayuga Lake Scenic Byway, Inc., is prepared to provide the required match for the
grant, now therefore be it
RESOLVED, on recommendation of the Planning, Development and Environmental Quality
Committee, That the County hereby agrees to act as local sponsor for the grant,
RESOLVED, further, That the County hereby accepts the NYSDOT Scenic Byway grant in the
amount of $34,916,
RESOLVED, further, That the County Administrator or his designee be authorized to execute a
multi-year contract with Cayuga Lake Scenic Byway, Inc., for the purposes of managing the grant project,
RESOLVED, further, That the County Administrator or his designee be authorized to execute any
other contracts related to this project.
SEQR ACTION: TYPE 11— 7
RESOLUTION NO. 152 — INCREASE IN HOURS — SENIOR RECORDING CLERK — COUNTY
CLERK
MOVED by Mr. Proto, seconded by Ms. Mackesey, and unanimously adopted by voice vote
under the Consent Agenda.
WHEREAS, the Tompkins County Clerk's Office wishes to increase the hours for the position of
Senior Recording Clerk from 35.0 hours per week to 40.0 hours per week to accommodate the pressure of
business, and
WHEREAS, the Tompkins County Clerk wishes to maintain a level of service only possible by
having this position designated as a forty -hour work -week, and
WHEREAS, such change would be beneficial to the organization and would result in increased
efficiency, and
WHEREAS, the funds for this change are included in the County Clerk's 2006 budget, now
therefore be it
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September 5, 2006
RESOLVED, on recommendation of the Government Operations and the Budget and Capital
Committees, That the standard workweek for one position of Senior Recording Clerk, Labor Grade 9(i)
be increased from 35.0 hours per week to 40.0 hours per week, effective September 5, 2006.
SEQR ACTION: TYPE II -20
RESOLUTION NO. 153 - SCHEDULING A PUBLIC HEARING ON THE 2007 TOMPKINS
COUNTY BUDGET AND THE 2007-2011 TOMPKINS COUNTY
CAPITAL PROGRAM
MOVED by Mr. Proto, seconded by Ms. Mackesey, and unanimously adopted by voice vote
under the Consent Agenda.
WHEREAS, the tentative 2007 Tompkins County Budget and the 2007 — 2011 Tompkins County
Capital Program are scheduled to be adopted on November 21, 2006, now therefore be it
RESOLVED, on recommendation of the Budget and Capital Committee, That a public hearing be
held before the Tompkins County Legislature in Legislative Chambers, located at 320 North Tioga Street,
Ithaca, New York on Tuesday, November 14, 2006, at 7:00 o'clock in the evening thereof concerning the
review of the tentative 2007 Tompkins County Budget and the 2007-2011 Tompkins County Capital
Program. At such time and place all persons interested in the subject matter will be heard concerning the
same,
RESOLVED, further, That the Clerk of the Legislature is hereby authorized and directed to place
proper notice of such public hearing in the official newspaper of the County.
SEQR ACTION: TYPE 1I-20
Approval of Appointment(s) Under the Consent Agenda
It was MOVED by Mr. Proto, seconded by Ms. Mackesey, and unanimously adopted by voice
vote under the Consent Agenda, to approve the following appointment:
Community Mental Health Services Board
Auguste L. Duplan, term to expire December 31, 2009.
Recess
Chair Joseph declared a recess from 7:22 p.m. to 7:29 p.m.
Mr. Koplinka-Loehr was excused at this time (7:29 p.m.).
Report from the Health and Human Services Committee
Mr. Proto, Chair, reported the Committee has met twice, first on August 2l'T when several human
service agencies presented information on their programming. He said it was a worthwhile meeting and
all Legislators were provided with the written material as well. Mr. Proto reported the Committee held its
regular meeting earlier in the day and heard from departments and agencies presentations indicating how
the proposed County Administration proposal of Legislative -Directed cuts would affect them, which will
prove useful to new members of the Legislature. At the meeting, Mr. DeLuca, Mental Health
Commissioner, reported that a grant applied for by Lakeview was not received, however, funding in the
amount of $124,000 from the New York State Office of Mental Health was granted for the design work
associated with the 38 single -room -occupancy units to be built. He said originally the County would have
had a total of 40 units, however, with the changed operations at Unity House the number was decreased
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September 5, 2006
by two and the authority to house them was changed to Lakeview. The next meeting will take place on
October 4th
.
Report and Presentation of Resolution(s) from the Facilities and Infrastructure Committee
Mr. Randall, Chair, reported that the Ellis Hollow Road concerns will be placed on the next
agenda of the Committee and he hopes to have the issues resolved and information pertaining to
applicable laws. He reported the Committee met on August 29111 at which time a presentation was
provided with regard to single -stream recycling. Information on the pros and cons of this type of facility
were provided as well as information indicating a potential loss to the County if this option is not
considered. The Committee is planning to learn more about this type of facility by either touring or
viewing a video of an operational single -stream facility. Mr. Randall reported the Committee reviewed a
five-year projected budget for Solid Waste; additional clarification of this projection will be received at
the next meeting.
RESOLUTION NO. 154 - AUTHORIZING SUPPLEMENTAL CONSULTANT AGREEMENT
NO. 1 WITH C&S ENGINEERS, INC., FOR PHASE II OF AN
ENVIRONMENTAL ASSESSMENT FOR OBSTRUCTION
REMOVAL AND RUNWAY SAFETY AREA IMPROVEMENTS —
ITHACA TOMPKINS REGIONAL AIRPORT
MOVED by Mr. Randall, seconded by Mr. Booth. Mr. Randall noted the reason he did not
support the resolution in Committee is that he feels manual inventory of tree species and size relating to
the obstruction clearance is cost prohibitive, he believes there is a more technological way to determine
the information such as through GIS. A voice vote on the resolution resulted as follows: Ayes — 12;
Noes — 2 (Legislators Hattery and Randall); Excused 1 (Legislator Koplinka-Loehr). RESOLUTION
ADOPTED.
WHEREAS, the Legislature, through Resolution No. 127 dated July 5, 2005, approved an
agreement with C&S Engineers, Inc., for $175,000 to conduct an Environmental Assessment for an
Obstruction Clearance project at the airport, and
WHEREAS, in the process of completing said environmental assessment, the Federal Aviation
Administration (FAA) required that the airport also address its two non-standard Runway Safety Areas,
and
WHEREAS, bringing the Runway Safety Areas in line with FAA requirements requires changing
the runway configuration which affected the delineation of obstructions at one end of the runway, and
WHEREAS, local stakeholder concern about sensitive areas within the obstruction clearance
project require a change from the original scope of services, and
WHEREAS, the funding of this additional environmental assessment effort for the Runway
Safety Area extension and Sapsucker Woods is as follows:
FAA (95%) $56,662.00
NYSDOT (2.5%) $ 1,491.00
Local (Operational Budget) $ 1,491.00
$59,644.00
, now therefore be it
RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That
Supplementary Agreement No. 1 with C&S Engineers, Inc., for an amount not to exceed $59,644 be and
hereby is approved and that the County Administrator is authorized to execute the required documents,
RESOLVED, further, That the Finance Director is authorized to advance payment for these
services until reimbursement is received from the FAA and NYSDOT.
SEQR ACTION: UNLISTED
TYPE 1 - 6
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September 5, 2006
Mr. Shinagawa was excused at this time (7:39 p.m.).
Report and Presentation of Resolution(s) from the Planning, Development and Environmental
Quality Committee
Ms. Robertson, Chair, reported the Committee met on August 30th and reviewed the budget of the
Convention and Visitors Bureau, as well as hearing information on budget requests from the Soil and
Water Conservation District and Tompkins County Area Development (TCAD).
It was reported by the Soil and Water Conservation District that Senator Winner's office has
committed $40,000 to buy equipment for the hydroseeding program as a member item. Tompkins County
Area Development reported on the need for an Empire Zone Coordinator position and noted it would
quickly pay for itself. In addition, a special Empire Zone Administration Board relating to the Empire
Zone will be necessary and some names are being brought forward from TCAD; members who may have
a name to suggest are urged to contact Ms. Robertson. The updated draft Economic Development
Strategy was presented to the Committee and the resolution to accept the plan will come before the full
Legislature at the next meeting. She reported that there have been discussions about moving the
Workforce Investment Board staff closer to TCAD, which will result in an additional $116,000 per year
for the next three years. Ms. Robertson reported an update on car -share programs was provided by Mr.
DeAragon of Ithaca -Tompkins County -Transportation Council. This program offers the ability to reduce
costs of company fleets by sharing with other car -share members. She also reported on the difficulties
being faced due to the increased deer populations in municipalities. Some alternatives were provided by a
Department of Environmental Conservation spokesperson. It is hoped that a resolution urging the State to
take action regarding hunting and trapping regulations will be brought through the Committee to the
Legislature. Ms. Robertson reported the next meeting will occur on September 2l'T
RESOLUTION NO. - EXPANDING THE TOMPKINS COUNTY HOMEOWNERSHIP
PROGRAM TO ALLOW PARTICIPANTS TO PURCHASE NEW
HOMES
MOVED by Ms. Robertson, seconded by Mrs. McBean-Clairborne. Ms. Kiefer understood the
intent of the resolution is to provide new construction as well as refurbished homes to limited incomes,
however, she expressed concern that the lack of restrictions implied in number 1 of the tiered options
contradicts the comprehensive plan and the desires listed in the fourth "WHEREAS". She indicated she
could support the resolution if item 1 is eliminated.
It was MOVED by Ms. Kiefer, seconded by Ms. Mackesey, to delete item 1 listed in the tiered
chart. Ms. Robertson called attention to the memorandum from Ms. Filiberto explaining the program and
the reasons to expand and asked that in Ms. Filiberto's absence Mr. Marx address the concerns.
Mr. Marx noted Ms. Kiefer's concerns were addressed during the process of setting criteria. A
review by the Planning Advisory Board, Homeownership Program, sub -committee on affordable housing,
and program Committee included many questions and the resolution is a result of attempting to balance
goals. He stated the policy is an attempt to encourage rural, suburban, and urban housing in the County
rather than one exclusive area. The option of opening the available market is such that it will not
encourage development in areas considered sprawl but those already intended to be residential and
advertised as such. Ms. Kiefer said she believes developers do not necessarily follow the comprehensive
plan and she does not believe public money should encourage housing in '`the middle of nowhere". Mr.
Marx said the policy will be reviewed, however it is not expected to have many new homes purchased
through the program.
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September 5, 2006
Ms. Robertson referred to the portion of Ms. Filiberto's memo stating the new homes are ones
already built, and not specifically for the program. In addition, it was noted that few new homes would be
attainable at the ceiling amount of the program ($125,000) but the policy allows for flexibility.
Mr. Sigler said item 3 in the policy requires the homes are in close proximity to water, sewer, and
transportation, which he believes addresses Ms. Kiefer's concerns. Mr. Marx noted they are the criteria
for any project with direct public involvement in a project; the more public involvement there is the
higher the criteria.
Ms. Herrera stated she is a member of the Planning, Development and Environmental Quality
Committee and said a lot of discussion occurred, however, she does not feel the resolution clearly states
the intent of what is being done. She supports the Homeownership Program and is pleased with what it
does. She suggested the resolution be returned to the Committee to rewrite it in a manner that clearly
defines the intent.
Ms. Mackesey referred to Ms. Filiberto's memo that expressed a concern that some developers
may seek low-cost property that generally is in rural areas, could be considered sprawl, and that is
removed from infrastructure, neighborhood services, or major transportation routes. She believes this
confirms the concerns raised by Ms. Kiefer.
Mr. Randall stated that as part of the Committee that developed and reviewed the policy, he does
not believe including new homes is a direction that should be taken. As a contractor, he does not believe
that there is an incentive to build the homes, or upon completion of developing the land and building the
structure it would be made available under the $125,000 cap. Mr. Randall also noted that most of the new
homes he has seen erected are doublewide structures that are excluded from the program.
In response to a question by Mr. Flattery it was noted that approximately twenty grants are
provided per funding cycle and that there is no plan for the County to provide funding to develop homes.
Mr. Marx stated that some of the amendments are being done as a result of conversations with developers
who would like to provide new homes that could be made available through the program.
Mr. Booth believes this is a good idea but should be returned to Committee for clarification. He
stated five items present problems: (1) the policy needs to make it clear that all of the housing is subject
to existing local land use controls; (2) Item 3 should note that the Planning Department does not fund
construction projects, but rather that some public assistance comes through the Planning Department; (3)
also in Item 3, it is not clear what "some other organization" refers to; (4) Item 2, criteria for Approval,
does not set a criteria; and (5) he would like to clarify if the County is barred by federal or state
regulations from considering mobile home purchases for the program. Mr. Marx noted that currently
doublewide and modular homes placed on foundations are allowed for the program, but not a singlewide
mobile home due to depreciation concerns.
It was MOVED by Mr. Booth, seconded by Ms. Mackesey, to refer the resolution to the Planning,
Development and Environmental Quality Committee.
At this time, Mr. Joseph gave permission to Ms. Robertson to withdraw the resolution as
requested.
WHEREAS, the Tompkins County Homeownership Program has provided down -payment
assistance to 218 low and moderate income households to help purchase safe, decent housing since 1993,
and
WHEREAS, the number of listings on the market at prices that households with limited incomes
can afford to purchase has decreased dramatically as housing prices have increased over the past several
years and as a result, program participants are very limited in their choices of available housing units, and
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September 5, 2006
WHEREAS, expanding the program to include new home purchases could ease the impediments
in the tight real estate market, and
WHEREAS, expanding the program to include new home purchases supports the goals of the
County's Comprehensive Plan outlined in the housing section, which include promoting choice in
location and type of housing, increasing homeownership, and promoting opportunities for people who
work in Tompkins County to live in the County, and
WHEREAS, expanding the program to include new home purchases should also support other
goals of County's Comprehensive Plan such as encouraging development that preserves open space and
valuable agricultural land, increasing housing density near job centers, encouraging infill development in
existing town centers, and maximizing the efficient use of public infrastructure, and
WHEREAS, the Tompkins County Planning Advisory Board Housing Subcommittee and the
Homeownership Program Oversight Committee approved the recommended program modifications, now
therefore be it
RESOLVED, on recommendation of the Planning, Development, and Environmental Quality
Committee, That Tompkins County is hereby expanding the Tompkins County Homeownership Program
to allow participants to purchase new housing using the following tiered approach:
New Construction Type
Criteria for Approval
1.
A new home listed for sale on the
open market.
- No restrictions on location.
2.
A. new home offered exclusively to
program participants.
- Developer must present the design and location
of the home to the Homeownership Oversight
Committee for pre -approval prior to offering it
exclusively to program participants.
3.
A new construction project that is
publicly funded by the County
Planning Department, or some other
organization.
- Project must be presented to the Homeownership
Oversight Committee for approval.
- Parcel must be 1/2 acre or less in size.
- Home must be connected to public or community
water and sewer infrastructure.
- Home must be located within '/ mile of a transit
stop.
- Location must promote a compact, nodal
development pattern as discussed in the
Tompkins County Comprehensive Plan.
SEQR ACTION: TYPE 11-20
RESOLUTION NO. 155 - PROGRAM RECONFIGURATION - PLANNING AND DISTRICT
ATTORNEY — STOP -DWI PROGRAM
MOVED by Ms. Robertson, seconded by Ms. Herrera.
It was MOVED by Ms. Kiefer, seconded by Mr. Booth, to offer the following substitute
resolution. Ms. Kiefer felt it is useful to have the context included in the resolution as it explains the
coordinator has been in the Planning Department. She also said it is logical that it be noted that the
coordinator is more logically placed where there is an appropriate relationship to the program. Ms.
Robertson noted the second "Whereas" is inaccurate as it does not include all departments that could
possibly be associated with the program. She noted also that the Committee considered Ms. Kiefer's
amendments but passed the original wording.
A voice vote on the motion to substitute resulted as follows: Ayes — 5 (Legislators Booth, Kiefer,
Proto, Sigler, and Stevenson); Noes — 8 (Legislators Dennis, Hattery, Herrera, Joseph, Mackesey,
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September 5, 2006
McBean-Clairborne, Randall, and Robertson); Excused — 2 (Legislators Koplinka-Loehr and Shinagawa).
MOTION FAILED.
WHEREAS, the appointment of a Special Traffic Options Program (STOP -DWI) Coordinator
has, for the past three years, been a function of the Planning Department and is subject to confirmation by
the Tompkins County Legislature, and
WHEREAS, the STOP -DWI Program carries a strong relationship with activities in the public
safety and addiction treatment areas and is more logical to have this STOP -DWI Coordinator in one of
these County departments, and
WHEREAS, the collaboration between STOP -DWI and the Office of the District Attorney would
be enhanced by assigning the STOP -DWI program to the Office of the District Attorney, now therefore
be it
RESOLVED, on recommendation of the Planning, Development and Environmental Quality, the
Public Safety, and the Budget and Capital Committees, That effective January 1, 2007, the Special Traffic
Options Program be a program within the Office of the District Attorney,
RESOLVED, further, That administrative oversight be the responsibility of the District Attorney,
RESOLVED, further, That pursuant to State Law, funds will continue to be isolated in their own
program account, not to be commingled with funding for the Office of the District Attorney.
SEQR ACTION: TYPE 1I-20
A voice vote on the original resolution resulted as follows: Ayes — 11; Noes — 2 (Legislators
Kiefer and Sigler); Excused — 2 (Legislators Koplinka-Loehr and Shinagawa). RESOLUTION
ADOPTED.
WHEREAS, the appointment of a Special Traffic Options -Driving While Intoxicated Program
(STOP -DWI) Coordinator is a function of the Planning Department subject to confirmation by the
Tompkins County Legislature, and
WHEREAS, the Special Traffic Options -Driving While Intoxicated Program carries a strong
relationship with activities within the Office of the District Attorney, and
WHEREAS, the collaboration between these two programs would be greatly enhanced by
assigning the STOP -DWI program to the Office of the District Attorney, now therefore be it
RESOLVED, on recommendation of the Planning, Development and Environmental Quality, the
Public Safety, and the Budget and Capital Committees, That effective January 1, 2007, the Special Traffic
Options Program be a program within the Office of the District Attorney,
RESOLVED, further, That administrative oversight be the responsibility of the District Attorney,
RESOLVED, further, That pursuant to State Law, funds will continue to be isolated in their own
program account, not to be commingled with funding for the Office of the District Attorney.
SEQR ACTION: TYPE II -20
Report from the Personnel Committee
Mr. Dennis, Chair, said the Committee will meet next on September 13`x'.
Report and Presentation of Resolution(s) from the Government Operations Committee
Ms. Herrera, Chair, reported the Committee met on August 16th and will meet again on
September 20`". She indicated the work of the Committee is reflected in the resolutions presented and the
resolution withdrawn at this time. In addition, the Committee was given a presentation of the library
budget that was helpful in understanding some of the details of the cost increases and priority requests for
2007, and the over -target requests. The Committee reviewed the County parking lot rules and a
resolution that designates the responsibility of assignment of parking lot spaces to the Commissioner of
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September 5, 2006
Personnel. The next meeting will be on September 20th and will discuss the Rules of the Legislature such
as determining how a conflict of interest is decided.
RESOLUTION NO. 156 AUTHORIZING THE COMMISSIONER OF PERSONNEL TO
DESIGNATE AND ESTABLISH RULES FOR PARKING FOR
THE COURTHOUSE AND HUMAN SERVICES BUILDING
COMPLEX AND RESCISSION OF RESOLUTION NO. 344 OF
1998
MOVED by Ms. Herrera, seconded by Mr. Sigler. Mr. Proto asked for clarification of the
assignment of the Commissioner of Personnel as it relates to making policy. Ms. Herrera provided a brief
history of recent issues relating to State and County employee parking assignments and the need for
flexibility in making decisions due to a variety of needs such as construction, increase in number of
spaces required by the State, etc. She noted that in the past the Commissioner of Personnel has
successfully negotiated with the State regarding parking, which could have resulted in a greater loss of
parking spots for County employees. It was noted the Commissioner of Personnel has agreed to work in
the capacity directed within the resolution. Mr. Dennis noted the task of assigning parking is arduous and
commends the Commissioner of Personnel for taking on the task.
It was MOVED by Ms. Kiefer, seconded by Ms. Mackesey, to offer the following substitution to
the resolution. The substitute resolution provides historical information Ms. Kiefer feels is important to
retain when rescinding the previous resolution. She noted the importance of stating it is not a County
policy to provide parking, that specific rules should exist, and that there be flexibility built into the plan.
She also stated the second resolved were items thought important in the original resolution such as a
space for the Sheriff's car; continuance of the existing number of State parking spaces, though the number
may need to increase in the future; provision for parking for elected officials such as the County Clerk,
District Attorney, and Legislators. Ms. Kiefer suggested that twelve spaces be allocated to the elected
officials, double-parking for State vehicles, parking for County fleet vehicles; the ability for the Clerk of
the Legislature to request that additional spaces be made available, and a meaningful enforcement of the
rules established.
Ms. Herrera indicated the original resolution was prepared to simplify the process and in no way
was meant to negate the work of the previous committee. She said the amendments to the original
resolution would provide the ability to reflect present practices; she feels that the items noted by Ms.
Kiefer certainly could be discussed, however, Ms. Herrera feels some could be very controversial and
could be disagreeable with bargaining units if passed.
Mr. Joseph strongly urged passage of the original resolution, stating it is an administrative duty.
He personally does not agree with the Legislature playing a part in assigning parking.
Mr. Booth said if the number of parking spots assigned to the Legislature were amended the
balance of the list is useful as a tool and asked if it is possible to use it. Mr. Whicher stated that the list
could be useful; however, the previous resolution created controversy when the Legislature assigned
reserved parking without stakeholder presence.
Mr. Joseph also agreed that it is the one item that is objectionable; however, if the list were
stating to take into consideration the items, he would be okay with that. He expressed concern that a
resolution has the ability to set policy and not allow flexibility. He said the Commissioner of Personnel is
aware of these items of concern and has worked with flexibility to resolve parking issues.
Ms. Herrera spoke of recent events when it became known that parking would have to be
modified due to installation of a generator; and the problem was addressed by the Commissioner. She
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September 5, 2006
feels that the flexibility is very important, should not have to wait for the process of going through
Committee and the Legislature, and cannot be limited to the items on the list.
It was MOVED by Ms. Robertson, seconded by Mr. Stevenson to call the question. A voice vote
on the motion resulted as follows: Ayes — 11; Noes — 2 (Legislators Kiefer and Proto); Excused — 2
(Legislators Koplinka-Loehr and Shinagawa). MOTION APPROVED.
A voice vote on the substitute resolution resulted as follows: Ayes — 2 (Legislators Kiefer and
Proto); Noes — 11; Excused — 2 (Legislators Koplinka-Loehr and Shinagawa). RESOLUTION FAILED.
WHEREAS, it is not the policy of Tompkins County provide parking for employees, and
WHEREAS, it is nonetheless desirable to have appropriate -use rules for parking areas owned and
maintained by Tompkins County, and
WHEREAS, in July 1987, upon referral by Board of Representatives Chair Mink, the Leadership
Council created the Parking Committee and charged it to review all parking availability and rules for
employees and the public in downtown Ithaca lots owned and used by Tompkins County, and
WHEREAS, that Parking Committee represented a variety of stakeholders and worked long and
hard to arrive at an equitable, efficient, and workable plan, and
WHEREAS, in December 1998, after a trial period and further deliberation, the County Board of
Representatives passed Resolution No. 344, Adoption of Parking Plan for Courthouse Complex, with
certain specifications and a map of numbered spaces, as well as the "Parking Rules for County Lots", and
WHEREAS, in the interest of efficiency and fairness, that plan has subsequently been unilaterally
modified several times by the Personnel Commissioner, and
WHEREAS, updating the Parking Plan, which included both Courthouse and Human Services
Building lots, is desirable to allow flexibility for assigning spaces, an attribute not present in Resolution
No. 344, and
WHEREAS, it would be simpler to give authority to one person rather than to convene another
stakeholder committee, now therefore be it
RESOLVED, on recommendation of the Government Operations Committee, That the
Commissioner of Personnel be designated to assign or decide how parking spaces shall be distributed and
to set rules for parking for the Human Services Building and Courthouse Complex lots,
RESOLVED, further, That in assigning parking spaces, the Commissioner of Personnel make use
of the existing map to the extent possible, and follow the following guidelines:
• Provision be made for a Sheriffs car to deliver prisoners for court appearances;
• Provision be made for continuing the existing number of New York State Court parking
spaces;
• Provision be made for elected officials whose offices are in the courthouse complex,
namely the 15 Legislators, the County Clerk, and the District Attorney, to have 12 spaces
allocated to share among them;
• Provision be made for handicapped and short-term parking spaces;
• Provision be made for "double bunking" of Assessment Department employee cars;
• Provision be made for County fleet cars overnight;
• Provision be made for the Legislature Clerk, as necessary and on a day-to-day basis, to
notify the Personnel Commissioner when additional spaces need to be marked as reserved
for Legislature use on those days when additional attendance by Legislators at scheduled
meetings is expected; and
• Provision be made for meaningful enforcement of the established parking rules,
RESOLVED, further, That Resolution No. 344 of 1998 — Adoption of Parking Plan for
Courthouse Complex is hereby replaced in its entirety.
SEQR ACTION: TYPE I1-20
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September 5, 2006
It was MOVED by Ms. Kiefer, seconded by Mr. Proto, to offer the following substitute
resolution.
Ms. Robertson stated the changes do not change the fact that the duty of assigning parking should
be administrative, not legislative.
A voice vote on the substitute resolution resulted as follows: Ayes — 3 (Legislators Booth, Kiefer
and Proto); Noes — 10; Excused — 2 (Legislators Koplinka-Loehr and Shinagawa). RESOLUTION
FAILED.
WHEREAS, it is not the policy of Tompkins County to provide parking for employees, and
WHEREAS, it is nonetheless desirable to have appropriate -use rules for parking areas owned and
maintained by Tompkins County, and
WHEREAS, in July 1997, upon referral by Board of Representatives Chair Mink, the Leadership
Council created the Parking Committee and charged it to review all parking availability and rules for
employees and the public in downtown Ithaca lots owned and used by Tompkins County, and
WHEREAS, that Parking Committee represented a variety of stakeholders and worked long and
hard to arrive at an equitable, efficient, and workable plan, and
WHEREAS, in December 1998, after a trial period and further deliberation, the County Board of
Representatives passed Resolution No. 344, Adoption of Parking Plan for Courthouse Complex, with
certain specifications and a map of numbered spaces, as well as the "Parking Rules for County Lots", and
WHEREAS, in the interest of efficiency and fairness, that plan has subsequently been unilaterally
modified several times by the Personnel Commissioner, and
WHEREAS, updating the Parking Plan, which included both Courthouse and Human Services
Building lots, is desirable to allow flexibility for assigning spaces, an attribute not present in Resolution
No. 344, and
WHEREAS, it would be simpler to give authority to one person rather than to convene another
stakeholder committee, now therefore be it
RESOLVED, on recommendation of the Government Operations Committee, That the
Commissioner of Personnel be designated to assign or decide how parking spaces shall be distributed and
to set rules for parking for the Human Services Building and Courthouse Complex lots,
RESOLVED, further, That in assigning parking spaces, the Commissioner of Personnel make use
of the existing map, and follow the following guidelines to the extent possible:
• Provision be made for a Sheriff's car to deliver prisoners for court appearances;
• Provision be made for continuing the existing number of New York State Court parking
spaces;
• Provision be made for elected officials whose offices are in the courthouse complex,
namely the 15 Legislators, the County Clerk, and the District Attorney, to have a group of
spaces allocated to share among them;
• Provision be made for handicapped and short-term parking spaces;
• Provision be made for `'double bunking" of Assessment Department employee cars;
• Provision be made for County fleet cars overnight;
• Provision be made for the Legislature Clerk, as necessary and on a day-to-day basis, to
notify the Personnel Commissioner when additional spaces need to be marked as reserved
for Legislature use on those days when additional attendance by Legislators at scheduled
meetings is expected; and
• Provision be made for meaningful enforcement of the established parking rules,
RESOLVED, further, That Resolution No. 344 of 1998 — Adoption of Parking Plan for
Courthouse Complex is hereby replaced in its entirety.
SEQR ACTION: TYPE 11-20
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September 5, 2006
A voice vote on the original motion resulted as follows: Ayes — 13; Noes — 1 (Legislator Kiefer);
Excused — 2 (Legislators Koplinka-Loehr and Shinagawa). RESOLUTION ADOPTED.
Ms. Herrera stated she believes Legislators should continue to be aware of the parking situation
as it is something to be dealt with for future planning.
and
WHEREAS, Resolution No. 344 of 1998 adopted a Parking Plan for the Courthouse Complex,
WHEREAS, updating the Parking Plan which included both Courthouse and Human Services
Building lots is necessary to meet existing needs and reflect current practices, and
WHEREAS, flexibility for assigning spaces is needed and the existing policy does not allow it,
now therefore be it
RESOLVED, on recommendation of the Government Operations Committees, That the
Commissioner of Personnel be designated to assign or decide how parking shall be distributed and to set
rules for parking for the Human Services Building and the Courthouse Complex,
RESOLVED, further, That Resolution No. 344 of 1998 — Adoption of Parking Plan for
Courthouse Complex, is hereby rescinded.
SEQR ACTION: TYPE 11-20
RESOLUTION NO. 157 - BUDGET TRANSFER — BOARD OF ELECTIONS
MOVED by Ms. Herrera, seconded by Mrs. McBean-Clairborne, and unanimously adopted by
voice vote by members present. RESOLUTION ADOPTED.
WHEREAS, a budget transfer from personnel budget line is requested, now therefore be it
RESOLVED, on recommendation of the Government Operations Committee, That the Director
of Finance be directed to make the following budget transfers on his books:
Board of Elections
Revenue Acct Title Amt Approp Acct Title
1450.51000049 Project Assistant $3,211.82 1450.52206 Computer Equipment
Explanation: For our Full document project (Grant Money).
SEQR ACTION: TYPE 11-20
Report from the Public Safety Committee
Mrs. McBean-Clairborne, Chair, reported the Committee met in the afternoon to take action on
the resolution presented under the Consent Agenda. The next meeting will take place October 5th.
Report from the Workforce Development and Inclusion Committee
Mrs. McBean-Clairborne, Chair, reported the next meeting of the Committee will take place on
October 25th at which time members will review the logo for the County Diversity Program.
Approval of Minutes
It was MOVED by Ms. Robertson, seconded by Mr. Randall, and unanimously adopted by voice
vote by members present, to approve the minutes of August 1, 2006 and August 15, 2006 as corrected.
Adjournment
On motion the meeting adjourned at 8:34 p.m.
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Regular Meeting
Called to Order
Mr. Joseph called the meeting to order at 5:30 p.m.
Pledge of Allegiance to the Flag
Members and guests participated in the Pledge of Allegiance to the Flag.
Remembrance of Jacqueline Yoder
Mr. Joseph reported Jacqueline "Jackie" Yoder, former Benefits Manager, passed away
yesterday. He asked for a moment of silence in her memory.
Roll Call of Members
Present: 15 Legislators. (Ms. Herrera arrived at 5:37 p.m.)
Presentation of Proclamation(s)
Mr. Joseph presented a proclamation to Sheriff Peter Meskill declaring the week of September
17-23, 2006 to be Sheriff's Week in Tompkins County.
Privilege of the Floor by the Public
Ralph Jones, City of Ithaca resident, spoke in support of Lifelong. He serves on the Lifelong
Board of Directors and the fundraising committee for that agency, and stressed how important the
activities provided by Lifelong are to him and other seniors in Tompkins County. He stated there is a
growing awareness of the value of allowing people to continue to live in their homes and the
interconnection of regular wholesome activities for senior citizens in maintaining their residence in the
County.
Ms. Herrera arrived at 5:37 p.m.
Louise Shedden spoke in support of Lifelong and its activities. She spoke of many services and
her personal experience with the Agency. She also said Lifelong has a very able staff that provides
quality activities.
Ron Provis, County resident and owner of CBord Group, spoke in support of the Human Services
Coalition. He stated the Human Services Coalition is the umbrella agency for many of the not-for-profit
human services agencies within the County. Mr. Provis also serves on the Human Services Coalition
Review Committee, which reviews the needs and requests of those agencies.
Howard London, Town of Lansing resident, spoke in support of continued funding for Lifelong.
Mr. London serves as a volunteer for the Tax Assistance Program (tax counseling for low income,
disabled, and elderly). He said they rely on Lifelong and RSVP for support and resources, including
administrative support and liaison services to the Internal Revenue Service. They serviced approximately
1,000 taxpayers last year from that population who received approximately $650,000 in refunds. During
the tax season they have four open weekly walk-in sessions. They also provide services to Challenge
Industries and other agencies serving individuals with disabilities. They do a number of home visits to
assist with tax return preparation for those who are not able to leave their homes. Mr. London said this is
a much-needed service for the community and urged the Legislature to continue funding Lifelong.
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September 19, 2006
Marge Dill, Town of Lansing resident and former Director of the Human Services Coalition,
urged the Legislature not to be ``penny wise and pound foolish". She said the Human Services Coalition
programs have many volunteers attached to those programs that are extremely important and would like
the Legislature to continue providing the same level of support. She spoke of the many human services
that bring funds into Tompkins County and into individual's pockets for prescriptions that they otherwise
couldn't get.
Nels Bohn, Director of Community Development for the Ithaca Urban Renewal Agency and a
City of Ithaca resident, spoke in opposition to the proposed reduction in funding to the Human Services
Coalition. He spoke of the housing and the information and referral functions that the Coalition provides
and said that agency's work plays a vital role in many activities of the Ithaca Urban Renewal Agency.
John Bosak, Town of Ithaca, spoke on behalf of T.C. Local concerning long-term
economic development. T.C. Local is a group of concerned citizens working to plan for the County's
future in an era of decreasing fossil -fuel resources. He read the following statement:
"Energy analysts and petroleum geologists are agreed that world oil and natural gas production
will reach a peak within the next two decades and then begin an irreversible decline. A few experts
believe that this peak has already arrived; conservative estimates put the peak of production at somewhere
around the year 2020. No credible analysis sees world oil and gas production continuing to increase past
2030. The combination of falling global oil production and ever-increasing demand will result in
astronomically high-energy prices. One recent conservative estimate used for urban planning in Canada
put the price of gasoline in 2018 at about four times its cost today. Recent discoveries in the Gulf of
Mexico will have a negligible effect on this increase in prices and the development of alternative sources
of energy cannot occur quickly enough to have any meaningful impact on its economic effect. The ever
increasing rise in prices following the peak of world oil and gas production will have a devastating impact
on the world economy, including the U.S. economy. The effects are hard to predict in detail but overall
we are looking at something that will resemble the great depression, only it will be worse and it will last
longer.
"TC Local is researching ways the County can meet this challenge, particularly in the areas of
food production and distribution, transportation, and heating. Obviously this research goes far beyond
what I can describe today. We would be delighted to give the Legislature an in-depth briefing at any time
that would be convenient.
`'For today I would like to say that it is essential for the future well-being of County residents that
the Legislature take the likely effects of energy descent into account when planning for the County's
economic development."
Joan Adler, Town of Enfield resident, spoke in support of reinstatement of funding for the Ithaca
Breast Cancer Alliance. Ms. Adler said she was one of the founders of the Alliance approximately 12
years ago that provides services to both women and men. She spoke of the many resources the Alliance
provides to individuals who have been diagnosed with cancer and provided specific examples of how
those services have helped people.
Shawn Galbreath, Executive Director of the Ithaca Breast Cancer Alliance (IBCA) and Tompkins
County resident, thanked the Legislature for the funds that were provided to the Alliance last year. She
said as of September 12 the State of New York has officially changed their articles of incorporation so
that IBCA now serves individuals who have been diagnosed with breast cancer or gynecological cancer.
Ms. Galbreath urged the Legislature to restore funding to the Alliance so that they can serve and support
people who come to them with those cancers. She spoke of upcoming grants and stated they will be
doing aggressive outreach into local communities of people who are traditionally uninsured or
underinsured.
Distinguished Youth Award
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September 19, 2006
Mr. Koplinka-Loehr, District No. 11 Legislator, presented the September, 2006, Distinguished
Youth Award to 12 -year-old Tessa Friedeborn, a student at Ithaca's Lehman Alternative School. As a
cast member for the Hangar Theatre's production, `'The Wiz", she raised $3,500 in donations for the Red
Cross to assist Hurricane Katrina victims from patrons attending five nights of performances, days after
the hurricane hit.
Privilege of the Floor by Legislators
Ms. Robertson, District No. 13 Legislator, announced the Scenic Resources Inventory Open
House will be held on September 27 at the Women's Community Building. She said people can vote up
until October 2nd on Tompkins County's most scenic views. Ms. Robertson responded to an editorial
that appeared in today's Ithaca Journal with regard to the 2007 budget and stated the article referring to
last year's election, the article stated that many of the six new Legislators who were elected to office ran
on a platform to hold down County spending and taxes. She noted that five of those seats were filled by
new legislators because the previous legislator retired. She also noted that eight of the current Legislators
were re-elected or unopposed in the last election.
Mr. Dennis, District No. 15 Legislator, spoke of gas prices and stated that gasoline prices in
Tompkins County are significantly higher than surrounding areas. He urged the public to contact elected
State representatives to let them know about this.
Mr. Proto, District No. 7 Legislator, expressed concern over the high price of gasoline in
Tompkins County and said he agreed with comments made by Mr. Dennis. He said earlier this year a
resolution was drafted regarding ethanol and supporting alternate fuel review. That resolution was taken
to the Agricultural and Farmland Protection Board and will be forwarded to the State. The Environmental
Management Council is also reviewing this resolution and considering adopting a similar one.
Mr. Shinagawa, District No. 4 Legislator, announced the Worker's Center, along with the
U.A.W., the S.C.I.U. and the Cornell Organization for Labor Action and many other community partners
are organizing a series of rallies around the Gubernatorial debates on September 26'h. It will begin on the
Commons with music and speakers and will move to Cornell where they will join a contingent of
community leaders and Cornell students. He said they will be pushing the Gubernatorial candidates to
take a stand and discuss their plans for implementing a universal single -payer health care system in the
State of New York. He said they also hope to have a question posed to the candidates during the debate
on that subject.
Ms. Herrera, District No. 5 Legislator, announced September is Latino Heritage Month. She said
the Latino Civic Association of Tompkins County has organized activities that are posted on the
Association's website: www.latinocivicassociationtc.org. She noted that many cultural activities are
supported by Room Tax funds.
Chair's Report
Mr. Joseph reported he sent all Legislators a memorandum regarding a letter he received from
Judith Jacobs, a Nassau County Legislator. The subject of the letter was approaching the State about a
cigarette tax for counties. He urged Legislators who have not yet done so, to let him know their thoughts
on this.
Mr. Joseph said a copy of letters submitted to the Legislature with regard to the 2007 budget are
filed with the Clerk of the Legislature and may be viewed by Legislators at any time.
Mr. Joseph provided the Legislature with an update on the Tompkins County Council of
Governments. At this time there are only three municipalities who have not yet joined the Council:
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September 19, 2006
Towns of Newfield and Danby, and the Village of Lansing. He said they are hopeful those municipalities
will be coming on board to be members of that organization. He said they have been meeting for a couple
of years as the Intermunicipal Cooperation group; however, they decided to form a more formal Council
to assist in improving attendance by members of that body as well as having a better avenue for
communication. That meeting was held; the next meeting will be September 28th at 3 p.m. when a Chair
will be elected.
Report from a Municipal Official
Maria Coles, City of Ithaca Common Council Member, said she has been reporting to the
Common Council about the cost of the Iraq war, including the human cost. She said cuts from the federal
government are passed along to the local communities and then the service providers of many programs
plead with the County for funding. She said to date, the United States has expended $360 billion on the
Iraq war; Tompkins County's share of that is $124 million; the City of Ithaca's share is $22 million. Ms.
Coles said there are varied estimates as to the number of Iraq deaths from 42,000 to 100,000 or higher.
There are 2,687 dead young American people; 118 deaths of Ukranians, and 115 deaths from other
countries. She said there are over 19,910 young Americans who are wounded, most severely.
Ms. Coles said the Mayor is presently assembling the budget and is consulting with the Controller
and department heads during the month of October. There will be meetings on the budget and public
hearings will be held on October 16, 19, and 25th. She said the rules governing the budget meetings have
been restructured and they will be reviewing that process.
Ms. Coles said the Mayor and other members of Common Council are attempting to refocus the
group that was working on the possible renaming of State Street to Dr. Martin Luther King Street. The
final meeting of the working group that had been trying to resolve what to do about the City's potable is
almost ready to present the City its report, which includes two alternatives: to rebuild the City's water
plant or to purchase water from Bolton Point. Either option is extremely costly. She noted federal
funding is no longer available for water treatment plants.
Report from the County Administrator
Mr. Whicher spoke of gasoline prices and stated Tompkins County used to follow very closely to
the national average but is now consistently approximately ten cents above.
He said he provided all Legislators a copy of a summary of the SWN (Statewide Wireless
Network) financing.
Mr. Whicher spoke of the temperature in the Legislature Chambers and said they are continuing
to work on the system and are beginning the balancing process. He asked that everyone be patient while
this work continues.
Report from the County Attorney
Mr. Wood had no report.
Report from the Finance Director
Mr. Squires reported he received an e-mail from a resident who was concerned about the high
gasoline prices. He said the only nearby county that removed the sales tax on gasoline was Cayuga
County. He said Mike Connors of Albany County has a website that is devoted to this issue.
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Report from the Public Information Officer
Ms. Lynch reported on the community public budget forum that will be held September 21st at 7
p.m. at the Greater Ithaca Activities Center. She invited everyone to attend to learn, discuss, and let their
feelings known about the budget. She spoke of the format that will be used for the forum. Mr. Koplinka-
Loehr proposed that the format begin with open microphone and if time permits, to split into small groups
for dialogue.
Mr. Proto asked that there be a written record of the forum that capsulizes the comments that are
made by the public.
Addition of Resolution(s) to the Agenda
On motion and duly seconded and unanimously adopted by voice vote, the following
resolution(s) were added to the agenda:
Ratification of Bargaining agreement for the Civil and Non -Interest Arbitrable issues Between
Tompkins County, Tompkins County Sheriff, and the Employees' Union of the Tompkins
County Sheriff's Department;
Amendment to Resolution No. 294 of 2003 for Federal 5311 and New York State Transportation
Funding for a Capital Project to Purchase Four Busses and Ancillary Transit Equipment for
Rural TCAT Routes
Withdrawal of Resolution(s) from the Agenda
There were no resolutions withdrawn from the agenda.
Consent Agenda
There were no items approved under the Consent Agenda.
Report from the Facilities and Infrastructure Committee
Ms. Kiefer, Vice Chair, reported the Committee met on September 12 and heard a report on many
items, included the following:
There is no Over Target request from the Highway Division because of the Motor Vehicle Use
Fee, which provides dedicated revenue; the Facilities Division has an Over Target request for $400,000 to
cover deferred and ongoing maintenance with buildings and equipment;
The Health Department Capital project was discussed; there is $250,000 in the 2007 budget for
design; the Committee agreed that Mr. Marx should pursue updated information on potential sites and
that eventually the information should be made available for municipal and public input;
Don Ellis, Director of Weights and Measures, reported all of his work for this year is on schedule
and that all fees he currently charges are at the maximum allowable levels. He also spoke about scanner
accuracy. A draft law was passed by both Senate and Assembly Committees and may be making its way
through the Legislature in the near future;
Bill Sczesny, Highway Manager, reported on the status of road ownership discussions that have
been taking place and the possible transfers between the towns and the County. There are two draft
memorandums of understanding being circulated, with the Town of Ithaca and the Town of Ulysses;
The Committee listened to comments from the public on the Ellis Hollow Road project, which is
in its early design phase.
There was discussion and information shared by Ms. Kiefer on single -stream recycling.
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Ms. Herrera and Mr. Shinagawa spoke in favor of proceeding with examination of single -stream
recycling.
Mr. Proto spoke of the "swapping of roads" and stated the Towns of Caroline and Danby are
interested in similar arrangements and asked what the protocol would be for them proceeding. Ms. Kiefer
said Mr. Sczesny will be contacting all highway superintendents.
Mr. Hattery said he received input from a resident with regard to Coddington Road. The resident
informed him that final design didn't reflect the input that was provided by the public on the project. Ms.
Kiefer said there is not a final design for that road at this time. Mr. Wood said he received a letter from
an attorney who resides on Coddington Road; he said there is no final design and as part of the process a
right-of-way plan is produced and reviewed by residents; therefore, it is premature to be talking about
final design. Mr. Wood said his general understanding from the preliminary design is that almost all of
the roadwork will be done within the current use and most of what is being talked about being done out of
the current use is grading, which would be a benefit for landowners.
Mr. Joseph spoke of Coddington Road and said the County is constrained by the requirements of
State and Federal funding in what is being done on that road. He said when the Highway Division first
put out a proposed design they had already gone to the State with something that was already
substantially less than State standards and received approval to do something smaller than normal. That
was what was presented to the residents, many of whom said they wanted the road even smaller. Mr.
Joseph said the Highway went back to the State with another proposal but it was rejected. He said it is
true that the Highway Division's next design did not reflect the requests of the residents. He said this
does not mean the residents who spoke on this were not heard. Mr. Booth said the County needs to
consider many other factors as well as the comments from residents who live along the road.
Report and Presentation of Resolution(s) from the Planning, Development and Environmental
Quality Committee
Ms. Robertson, Chair, reported the Committee has not met since the last Legislature meeting.
The next meeting will be September 21 at 3 p.m. At that meeting the Committee will set up the Local
Empire Zone Administration Board. She asked anyone who would like to suggest someone to serve on
that board to do so before that meeting. Mr. Proto expressed concern over the short amount of time for
members to solicit names for this board. Ms. Robertson said Martha Armstrong of Tompkins County
Area Development has communicated that there is an urgency in setting up this board and making it
functional but stated that additional appointments can be made at a later time.
RESOLUTION NO. 158 — ACCEPTING AND COMMITTING TO IMPLEMENTATION OF
THE 2006 TOMPKINS COUNTY ECONOMIC DEVELOPMENT
STRATEGY (Postponed to October 3, 2006, and adopted)
MOVED by Ms. Robertson, seconded by Ms. Herrera.
Ms. Kiefer said she supports the mission and vision statement and certainly has no objection to
the focus on housing, workforce, and revitalization of commercial districts but was startled by the lack of
any discussion on the stress that energy shortages will be bringing to people.
It was MOVED Ms. Kiefer, seconded by Ms. Mackesey, to amend the resolution by adding the
following paragraphs:
WHEREAS, global as well as U.S. oil reserves are not only finite but are at or near the time when
production of oil has peaked and can only decline, a concept known as "peak oil", and this will have a
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profound effect on virtually all aspects of our lives, since oil and gas in various forms are used not only to
power cars, trucks, planes, and electricity -generating plants and to heat buildings, but also as feedstocks
for chemicals, pesticides, fertilizers, medicines, and plastics, and the recognition of peak oil calls for a
further look at our local Economic Development Strategy, now therefore be it
RESOLVED, further, That as part of fulfilling the Economic Development mission of cultivating
"a prosperous and sustainable regional economy", the Tompkins County Legislature calls on TCAD and
its collaborators to recognize the need to grapple with how best to respond to peak oil locally, and, in
addition to the three goals enumerated in the Economic Development Strategy, to also focus on ways to
help our local economy incorporate renewable energy, remain healthy in the face of the ``peak -oil"
economic challenge, and move in the direction of being able to provide us locally with needed goods and
services.
A voice vote on the amendment resulted as follows: Ayes — 14, Noes — 1 (Legislator Hattery).
AMENDMENT CARRIED.
Mr. Booth said he hopes in the future these documents will stress how the County could take
greater advantage of and contribute to the County's leading industry — education.
Mr. Hattery said he is not in favor of approving this because he feels it contains a lack of concrete
strategy and is uncomfortable turning it over to a collaborative that doesn't return a strategy development
on things like increasing a diverse housing supply and how that may lead to market-oriented strategies or
public subsidy oriented strategies, one of which he would oppose, the other he would support. He said
his opposition to this resolution is in part to the implementation piece and lack of detail about strategy.
Mr. Proto said he does not feel the Economic Development Strategy is ready for approval by the
Legislature. He expressed concern because the Planning Committee of the Legislature has never
received an update on what the status of the goals is, what the outcomes have been, and if anything has
been achieved or not achieved. Mr. Proto said he feels the Strategy falls short in the areas of education
and agriculture. He stated he would like to see how well the County did on the first document before
embarking on another set of goals.
Ms. Herrera spoke in support of the Economic Development Strategy and said economic
development in Tompkins County stands head and shoulders above those around it. She said at every
meeting TCAD (Tompkins County Area Development) provides the Committee with a summary of their
activities to date. She agreed with Mr. Proto in that a look should be taken at implementation continually;
however, she strongly supports taking action on this resolution this evening.
Ms. Robertson said Martha Armstrong reported that they found the previous Economic
Development Strategy to be too specific and very constraining. Some of the items that were felt to be
very important in 1999 weren't at the same place on the priority list in 2001. Ms. Robertson said the
purpose of this is to create a working group that would be committed to broad goals that would direct
their specific resources in collaboration with other organizations.
It was MOVED by Mr. Proto, seconded by Mr. Sigler, to Postpone action on this resolution to the
October 3, 2006 Legislature meeting.
Ms. Robertson said she would arrange for a presentation to be held at the October 3 Legislature
meeting. Ms. Mackesey said she does not object to postponing this resolution if members have
questions. Ms. Kiefer said she would like a clear explanation as to why the format is the way it is
currently as opposed to the previous Economic Development Strategy, and agrees with Mr. Proto that the
full Legislature needs a real status report on the items in the first Economic Development Strategy.
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A voice vote on the motion to postpone the resolution resulted as follows: Ayes — 9 (Legislators
Booth, Dennis, Flattery, Kiefer, Mackesey, Proto, Randall, Sigler, and Stevenson); Noes — 6 (Legislators
Herrera, Joseph, Koplinka-Loehr, McBean-Clairborne, Robertson, and Shinagawa). MOTION TO
POSTPONE CARRIED.
WHEREAS, in 1997, the Tompkins County Board of Representatives charged Tompkins County
Area Development (TCAD) with the preparation of an Economic Development Strategy to guide
countywide activities related to economic development and provide an agenda for positive action, and
WHEREAS, the Economic Development (ED) Strategy prepared for Tompkins County was
accepted by the County Board of Representatives in July, 1999, and
WHEREAS, the Economic Development Strategy included the formation of a Coordinating
Committee responsible for implementation of the strategy, and
WHEREAS, TCAD initiated a planning process to update the ED Strategy in 2005, involving
over seventy-five civic, business and citizen leaders coupled with a research component to provide in-
depth information and background data, and
WHEREAS, the Coordinating Committee, (including representatives from Tompkins County
Area Development, the Industrial Development Agency, the Workforce Investment Board, the Chamber
of Commerce and Convention and Visitors Bureau, the Ithaca Downtown Partnership, the City of Ithaca
Department of Planning and Economic Development and the Ithaca Urban Renewal Agency, the Town of
Ithaca Planning Department, the Tompkins County Planning Department, the Ithaca -Tompkins County
Transportation Council, Cooperative Extension of Tompkins County, and the Municipal Officials
Association) has been meeting quarterly to assess progress toward implementation of the 1999 ED
Strategy, to ensure that all parties are fully aware of the challenges and concerns facing committee
members, and to participate in creating the 2006 ED Strategy, and
WHEREAS, the Coordinating Committee structure has proved valuable in uniting the economic
development professionals in the community to provide mutual support and assistance, and
WHEREAS, the process of updating and revising the County's Economic Development Strategy
is complete, bringing with it new challenges and opportunities that can be more fully realized by
formalizing the role of the Coordinating Committee and converting it to an Economic Development
Collaborative with a mission to:
"Cultivate a prosperous and sustainable regional economy by building the economic foundations,
expanding opportunities, and fully engaging the community in ways that reflect the community's
strengths and values", and
WHEREAS, while further discussion, analysis, and action will be needed to achieve
implementation of the Three Five -Year Goals, a strategy document has been developed that offers a
sound approach to economic development and will serve as the basis for continuing discussion by the
Legislature and the community, and
WHEREAS, Tompkins County has adopted a Comprehensive Plan and has a record of taking a
comprehensive approach to economic development and fostering collaboration to achieve planning and
development goals, and
WHEREAS, global as well as U.S. oil reserves are not only finite but are at or near the time when
production of oil has peaked and can only decline, a concept known as "peak oil", and this will have a
profound effect on virtually all aspects of our lives, since oil and gas in various forms are used not only to
power cars, trucks, planes, and electricity -generating plants and to heat buildings, but also as feedstocks
for chemicals, pesticides, fertilizers, medicines, and plastics, and the recognition of peak oil calls for a
further look at our local Economic Development Strategy, now therefore be it
RESOLVED, on recommendation of the Planning Development and Environmental Quality
Committee, That the Tompkins County Legislature hereby accepts the 2006 Economic Development
Strategy for Tompkins County, dated July 18, 2006, as a guide to continuing and future economic
development initiatives and activities intended to benefit all residents of Tompkins County in the years to
come,
RESOLVED, further, That Tompkins County supports the concept of the Economic Development
Collaborative and pledges to participate in strategies that will lead to fulfillment of the mission,
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RESOLVED, further, That as part of fulfilling the Economic Development mission of cultivating
"a prosperous and sustainable regional economy", the Tompkins County Legislature calls on TCAD and
its collaborators to recognize the need to grapple with how best to respond to peak oil locally, and, in
addition to the three goals enumerated in the Economic Development Strategy, to also focus on ways to
help our local economy incorporate renewable energy, remain healthy in the face of the -peak-oil-
economic challenge, and move in the direction of being able to provide us locally with needed goods and
services.
SEQR ACTION: TYPE I1-20
RESOLUTION NO. 159 - AWARD OF GRANT FOR TOURISM BROCHURE FOR TOWNS
MOVED by Ms. Robertson, seconded by Mr. Dennis. A short roll call vote resulted as follows:
Ayes — 15, Noes — 0. RESOLUTION ADOPTED.
WHEREAS, the town historians within Tompkins County have developed a brochure that visitors
and local residents can use to learn about intriguing features and points of interest within each town, and
WHEREAS, funding exists within the Room Occupancy Tax budget for the production and
delivery of the brochures, and
WHEREAS, the Strategic Tourism Planning Board (STPB) anticipates that the project will
encourage local pride and heighten awareness of local assets, and potentially increase the tourism
business in the County, and increase the income from the Room Occupancy tax, and the grant award has
been reviewed and recommended by the STPB, and
WHEREAS, each town will be asked to contribute $200 to this project, now therefore be it
RESOLVED, on recommendation of the Planning, Development and Environmental Quality
Committee and the Budget and Capital Committee, That the County Administrator or his designee is
authorized to sign all documents related to this project,
RESOLVED, further, That invoices shall be submitted to Tompkins County Administration for
payment in a total amount not to exceed $6,625, and
RESOLVED, further, That the funds be paid from the Room Tax Reserve Fund.
SEQR ACTION: TYPE 11-20
RESOLUTION NO. 160 - AMENDMENT TO RESOLUTION NO. 294 OF 2003 FOR FEDERAL
5311 AND NEW YORK STATE TRANSPORTATION FUNDING FOR
A CAPITAL PROJECT TO PURCHASE FOUR BUSES AND
ANCILLARY TRANSIT EQUIPMENT FOR RURAL TOMPKINS
CONSOLIDATED AREA TRANSIT (TCAT) ROUTES
MOVED by Ms. Robertson, seconded by Mr. Proto, and unanimously adopted by voice vote.
WHEREAS, Tompkins County submitted a request (Resolution No. 294 of 2003) for a grant of
$1,233,800 to the New York State Department of Transportation, pursuant to Section 5311, Title 49,
United States Code, for a capital project to purchase: four 40 -foot heavy-duty, low -floor transit buses,
twenty-two mobile radios, four bus shelters, and fifteen bus stop signs on behalf of Tompkins
Consolidated Area Transit (TCAT), and
WHEREAS, New York State Department of Transportation increased Tompkins County's grant
award by $20,000 to $1,253,800 and approved a revised project description as follows: four 40 -foot
heavy-duty, low -floor transit buses, twenty-four mobile radios, four bus shelters and eight solar bus stop
signs for TCAT, and communication and safety equipment for Tioga Transport, Inc., and
WHEREAS, the Project's revised funding sources are as follows:
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September 19, 2006
FTA Sec 5311 $1,003,040
NYSDOT $125,380
TCAT $125,380
Total $1,253,800
, and
WHEREAS, Tompkins County and the State of New York are entering into an Agreement that
authorizes the undertaking of the Project and payment of Federal and State shares of the project, and the
local share of the project was committed in TCAT's capital budget for 2005, now therefore be it
RESOLVED, That the Tompkins County Legislature amends Resolution No. 294 of 2003,
revising the scope and budget as stated, authorizes said application and agreement for this project and that
the Contracts Coordinator/Risk Manager is authorized to sign:
1. Any and all Agreements between Tompkins County and the State of New York for the above
named Project;
2. Any and all Agreements between Tompkins County and any third party subcontractors
necessary to complete the project, if applicable;
3. Any Municipality/Vendor Contracts for the purchase and or installation of vehicles and
equipment.
SEQR ACTION: TYPE II -20
Report and Presentation of Resolution(s) from the Personnel Committee
Mr. Dennis, Chair, had no report. The next meeting will be October 1
RESOLUTION NO. 161 — AUTHORIZATION TO PAY INTEREST ARBITRATION COSTS
FROM THE CONTINGENT FUND
MOVED by Mr. Dennis, seconded by Mrs. McBean-Clairborne. A short roll call vote resulted as
follows: Ayes — 15, Noes — 0. RESOLUTION ADOPTED.
WHEREAS, the Employees Union of the Tompkins County Sheriff's Department has been
working without a contract since March 1, 2004, and
WHEREAS, the Employees Union of the Tompkins County Sheriff's Department has, by Section
209.4 of the Civil Service Law, been given the right to Compulsory Interest Arbitration, and
WHEREAS, Compulsory Interest Arbitration has never before been exercised in Tompkins
County and the amount of these interest arbitration expenses could not have possibly been anticipated or
budgeted in advance, and
WHEREAS, no funds have been budgeted or allocated for these or future interest arbitration
costs, and
WHEREAS, the Personnel Department has paid previous negotiation and interest arbitration costs
from its own rollover funds and these funds are now depleted, and
WHEREAS, additional funds are necessary to pay these expenses, now therefore be it
RESOLVED, on recommendation of the Personnel and the Budget and Capital Committees, That
attorney fees to date in the amount of $16,300.47 associated with Compulsory Interest Arbitration will be
paid from the Contingent Fund,
RESOLVED, further, That the Director of Finance is hereby authorized and directed to make the
payments from the contingent fund:
FROM: A1990.54440 Contingent Fund $16,300.47
SEQR ACTION: TYPE 11-20
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September 19, 2006
RESOLUTION NO. 162 - AUTHORIZING NEGOTIATING TEAM THE OPTION TO HIRE A
NEGOTIATOR THROUGH A REQUEST FOR QUALIFICATIONS
PROCESS — ROAD PATROL NEGOTIATIONS
MOVED by Mr. Dennis, seconded by Ms. Mackesey, and unanimously adopted by voice vote.
WHEREAS, the Employee's Union of the Tompkins County Sheriff's Department agreement
expired February 28, 2006, and
WHEREAS, the negotiating team for Tompkins County will begin negotiations for the road
patrol of the Sheriffs Department, and
WHEREAS, if an outside negotiator is needed, the Personnel Committee proposes the selection
process be through a Request for Qualifications, now therefore be it
RESOLVED, on recommendation of the Personnel Committee, That the negotiating team for the
road patrol of the Deputy Sheriff's union be given the option to hire an outside negotiator, if necessary,
through a Request for Qualifications (RFQ) process and that the negotiating team has the authority to hire
said negotiator.
SEQR ACTION: TYPE 11-20
RESOLUTION NO. 163 - RATIFICATION OF BARGAINING AGREEMENT FOR THE CIVIL
AND NON-INTEREST ARBITRABLE ISSUES BETWEEN
TOMPKINS COUNTY, TOMPKINS COUNTY SHERIFF, AND THE
EMPLOYEES' UNION OF THE TOMPKINS COUNTY SHERIFF'S
DEPARTMENT
MOVED by Mr. Dennis, seconded by Ms. Mackesey. Mr. Booth said he will oppose this
resolution because he feels it is excessively expensive. A voice vote resulted as follows: Ayes — 11,
Noes — 4 (Legislators Booth, Hattery, Proto, and Randall). RESOLUTION ADOPTED.
WHEREAS, members of the Employees Union of the Tompkins County Sheriff's Department
have been working without a contract since March 1, 2004, and
WHEREAS, negotiations between the County and the Union for a successor collective bargaining
agreement began on or about February 10, 2004, followed by additional bargaining sessions and a joint
Fact Finding and Interest Arbitration hearing on February 10, 2006, (PERB Case No. M2004-335), and
WHEREAS, several months after the February 10, 2006, joint Fact Finding and Interest
Arbitration hearing, the State of New York Public Employment Relations Board, represented by Dennis J.
Campagna, submitted its Fact Finding Report and Recommendation to the County and the Union, and
WHEREAS, a tentative collective bargaining agreement for the civil and non-interest arbitrable
issues has been reached between Tompkins County and the Employees Union of the Tompkins County
Sheriffs Department that covers the period of March 1, 2004, to December 31, 2007, now therefore be it
RESOLVED, That the collective bargaining agreement for the civil and non-interest arbitrable
issues between Tompkins County, Tompkins County Sheriff, and the Employees Union of the Tompkins
County Sheriffs Department for the years 2004, 2005, 2006, and 2007, is hereby ratified and the County
Administrator is directed to sign the tentative collective-bargaining agreement on behalf of the County.
SEQR ACTION: TYPE 11-20
Report and Presentation of Resolution(s) from the Government Operations Committee
Ms. Herrera, Chair, reported the Committee will meet on September 20`x'.
RESOLUTION NO. 164 — APPROPRIATION FROM CONTINGENT FUND — TERMINAL PAY
— ADMINISTRATION
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September 19, 2006
MOVED by Ms. Herrera, seconded by Mr. Booth. A short roll call vote resulted as follows:
Ayes 15, Noes — 0. RESOLUTION ADOPTED.
WHEREAS, Administration had a Public Affairs Officer resign effective February 10, 2006, with
terminal pay in the amount of $4,176.22, and
WHEREAS, Administration had a Public Information Officer Trainee resign effective July 28,
2006, with terminal pay in the amount of $365.59, and
WHEREAS, the Fiscal Policy of Tompkins County allows for terminal pay from the Contingent
Fund, now therefore be it
RESOLVED, on recommendation of the Government Operations, and the Budget and Capital
Committees, That the Director of Finance is hereby authorized and directed to make the following budget
appropriation:
FROM: A1990.54440 Contingent Fund $ 4,541.81
TO: A1988.51000340 Public Information Officer $ 2,770.50
A1988.58800 Fringes $ 1,771.31
SEAR ACTION: TYPE 11-20
Report from the Budget and Capital Committee
Mr. Koplinka-Loehr, Chair, reported the next Expanded Budget and Capital Committee meeting
will be held September 25th. A proposed schedule has been prepared and is based on Legislators
submissions of budget priorities.
Mr. Booth asked that any major items be brought back as soon as possible and that the list be as
specific as possible. Ms. Robertson asked if there will be time for departments to come back and answer
a question with regard to significant increases in fuel costs. Mr. Whicher said departments should be
made aware in advance if being asked to attend meetings and provide specific information.
Report from the Public Safety Committee
Mrs. McBean-Clairborne, Chair, reported the Committee will meet on October 5 at 3 p.m. She
spoke of a recent incident which resulted in smoke being dispersed through the building and stated there
needs to be a discussion about the Jail facility.
Report from the Workforce Diversity and Inclusion Committee
Mrs. McBean-Clairborne, Chair, reported the committee will meet on September 27 at 3:30 p.m.
At that meeting they will discuss bylaws and marketing strategies.
Report from the Health and Human Services Committee
Mr. Proto, Chair, reported the Committee met on September 5th and again prior to this Legislature
meeting. The next meeting will be October 4t}'. Mr. Proto announced flu clinics will be held in October.
He also reported on the unfortunate incident with regard to the spinach supply in California that led to at
least one death. During a meeting with Dr. Klepeck, Medical Director, Mr. Proto was asked to alert
people that the public needs to wash vegetables before consumption. This is one of the simplest measures
the public can do to protect themselves.
Approval of Minutes of September 5, 2006
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September 19, 2006
It was MOVED by Mr. Shinagawa, seconded by Ms. Mackesey, and unanimously adopted by
voice vote, to approve the minutes of September 5, 2006 as corrected.
Adjournment
On motion the meeting adjourned at 8:01 p.m.
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October 3, 2006
Regular Meeting
Called to Order
Mr. Joseph called the meeting to order at 5:30 p.m.
Pledge of Allegiance to the Flag and Roll Call of Members
Members and guests participated in the Pledge of Allegiance to the Flag.
Present: 15 Legislators.
Proclamation(s)
Mr. Joseph read the proclamation declaring October 1-7, 2006, as Cornell Cooperative Extension
Week and 4-H Week in Tompkins County. The proclamation was presented to 4-H members later in the
meeting.
Privilege of the Floor by the Public
Natasha Tall, City of Ithaca, thanked the County for Lifelong's program funding, noting the value
of the many programs offered to seniors, particularly those who have lost spouses.
Harriet London, Town of Lansing, spoke on behalf of the Community Dispute Resolution Center
(CDRC). She spoke of how the agency provides the ability to talk through conflict, listen, and in doing
sobecome clearer on how to effectively deal with conflict.
David Neal, Groton, spoke in behalf of CDRC, whose services his family recently used in dealing
with a necessary relocation of an aging parent. CDRC provided the ability to address difficult topics and
have a positive outcome.
Judith Saul, City of Ithaca, Director of the Community Dispute Resolution Center, spoke of the
financial savings provided to the County as a result of the agency. She referred to the written material
provided that indicated over 1,000 County residents were assisted, 35 volunteer mediators received
almost 200 hours of training, and 322 hours of mediation services were provided. Each municipality was
served. with over sixty percent of those served residing outside the City, and fifty percent of those served
had an annual income of less than $16,000. Ms. Saul spoke of mediation being a preventive service,
assisting in such things as a noise problem, saving the Sheriff's Department from having to respond to a
complaint; assist with elders, such as described by the Neals, saving nursing home expenses; preventing
evictions, which uses Sheriff Department personnel and places yet another individual or family in the
position of being homeless; working with parents and teens, preventing a runaway or Persons in Need of
Supervision (PINS) filing. In addition, Ms. Saul noted that County funds are matched with State funding.
Barbara Coleman, Slaterville Springs, spoke in support of the Women's Opportunity Center,
sharing her personal experience with the agency. Ms. Coleman stated that she has been taking
coursework to provide her with a diploma and the skills necessary to be removed from Social Security
Disability and become a productive resident of the County.
Dammi Herath, Executive Director of the Women's Opportunity Center, spoke of the value of
continued funding to the agency. She spoke of the Agency's purpose in assisting women and low-
income families to find gainful employment and assist with the financial information to enable them to be
removed from the public assistance programs. She indicated that for every $40 of County funding, $60 is
received from TANF funding. Ms. Herath spoke of the leverage provided by the County funds and
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requested it be maintained. She spoke of the ways service is provided, noting that if it is a gas card, bus
fare, new tire to replace a blown tire, etc., every attempt is made to remove barriers to gainful
employment. Ms. Herath stated clients are followed for 90 days following job placement to continue to
provide guidance and support to enable the job to be maintained.
Linda Johanson, City of Ithaca, Chair of the Board for the Women's Opportunity Center spoke in
support of continued funding. She spoke of her fourteen -year history and noted that throughout many
changes in funding streams the agency has consistently offered unique services to provide financial
independence for hundreds of individuals.
Thomas Weiler, Town of Ithaca, spoke in support of the Tompkins Learning Partners. He is an
eight-year volunteer for the program, assisting individuals to learn computer skills and prepare to obtain a
high school degree. He believes it provides a great deal of support on a very small budget and has shown
itself to be successful in assisting residents of the community.
Rob Ainslie, Ithaca, a volunteer at Tompkins Learning Partners requested support of the funding
requested. He noted the agency has been providing assistance to residents in the County for twenty-five
years. At present, there is a waiting list of 30 students. Students learn how to read, write, perform
mathematical functions, and are often the hardest students to teach. He noted they are the only agency
that works with students whose reading ability is below a fifth -grade level. He spoke of the ability for
these individuals to obtain self-sustaining employment through the training and asks that support
continue.
Gregg Thomas, Newfield, Managing Attorney, spoke in support of Neighborhood Legal Services
(NLS), a branch office of Legal Assistance of Western New York. He has been with the program for
thirty years. He indicated local funding provides services for the residents of the County, at present, the
County -provided portion comprises 19 percent of total Tompkins County funding; with the Office for the
Aging contractual services and United Way funding a total of 25 percent of NLS' budget is local funding.
In addition, this funding leverages two Americorps full-time paralegals who assist with intake, outreach,
and some cases. He noted their work saves County money, and spoke of SSI and disability cases,
providing reimbursement for those who received Safety Net assistance, as well as shifting funding from
the State to Federal level for Medicaid. Last year $157,151 was obtained by clientele, which adds to the
local community.
Paul Mazzarella, Executive Director of Ithaca Neighborhood Housing Services (INHS), spoke of
the requested funding for the program, noting it would support all their programs that provide affordable
homeownership, rental opportunities, home repair and energy conservation assistance, and financial
literacy education to individuals in the County. He said there is a recognized need for affordable housing
and discussions this year have been brought to the forefront. He referred to the County study that
recognized the need and requested that the funding be provided, as well as the projects INNS has
undertaken in the community.
Terrie Mayu, City of Ithaca, spoke in support of funding for the Women's Opportunity Center
and the holistic approach utilized by them to assist her in becoming self-sustaining following a divorce
and medical difficulties. She praised the agency for their ability to provide her with the specialized
services needed to succeed.
Angela Brown, City of Ithaca, spoke in support of the Women's Opportunity Center, and shared
her experience of seeking employment following a divorce and stated Women's Opportunity center was
an integral piece of the success she has had. Ms. Brown noted she is now working as an employment
advisor at Challenge Services, giving back to the community. She agreed with Ms. Mayu that the holistic
approach was important to this success.
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Fay Gougakis, City of Ithaca, stated she has used most of the agencies mentioned this evening
and that they are all good. She suggested sending correspondence to Senators Clinton and Schumer to
stop the war in Iraq, which she believes is partially the cause for the present financial difficulties. Ms.
Gougakis then spoke about the use of cellular telephones in the Library. She stated library users are still
continuing to receive and make calls, contrary to the rules of the Library.
Proclamation(s) Continued
Chair Joseph stated that members of 4-H were present to receive the proclamation presented
earlier. He read the proclamation, which was accepted by Amanda Darling and Marie Roenke.
Privilege of the Floor for Legislators
Ms. Mackesey, District No. 1 Legislator, thanked the individuals who spoke under Privilege of
the Floor, noting her appreciation of the individuals who have used services sharing their information.
She then announced Tompkins Consolidated Area Transit (TCAT) has a youth pass available at a cost of
$30 per month; this provides access to the entire system. She believes encouraging the youth to ride
busses is worthwhile.
Mrs. McBean-Clairborne, District No. 2 Legislator, announced she is the United Way
spokesperson for the Legislature, and hopes that all will contribute to help many the agencies within the
County that assist residents. She read a letter that will be provided to employees encouraging continued
support of the United Way.
Presentation — Economic Development Strategy
Martha Armstrong, of Tompkins County Area Development (TCAD), reviewed the Economic
Development Strategy prepared and noted the first one dates from 1997 and has now been revised. The
1997 Economic Development Strategy had 58 action steps to be completed. Of these, some major steps
were: The Intermunicipal Agreement for Water and Sewer, increased air service, Comprehensive Plan
addressing resource planning, and the establishment of Workforce New York Career Center.
Ms. Armstrong indicated that the new Economic Development (ED) Strategy is a collaborative
effort of many different agencies, municipalities, and businesspeople who meet quarterly to review the
Economic Development Strategy, and how it affected the players. These individuals have assisted in the
development of the new Strategy that began in 2003. As many of those organizations were in the process
of developing their own comprehensive plans it was decided to wait until 2005 to revise the present
Economic Development Strategy. The new approach is different than the previous version, without
individual steps to take. The new strategy provides agencies the ability to carry the goals forward, and
respond to changes in the economic environment to accomplish their missions effectively. Having an
economic development collaborative, provides a depth of support necessary for the various levels of
commitment that each group can provide. This provides a comprehensive identification of what goals and
action are necessary to keep the local economy healthy.
Ms. Armstrong noted the ED strategy includes three area clearly identified areas of focus:
affordable housing within the County, revitalization of community centers throughout the County, and
workforce and/or entrepreneurial skills are over -arching issues that may require more than one agency. In
the example used, agencies such as Ithaca Neighborhood Housing Services and Better Housing for
Tompkins County would be asked to assist as well as developers, being creative in funding, and be
creative while working together with many municipalities.
Ms. Armstrong noted that Cornell University has been an integral partner in the development of
the Economic Development Strategy, with the end product resonating with the University. In addition,
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October 3, 2006
the amendment suggested by the Legislature relative to energy has undergone review by members who
developed the Economic Development Strategy, and they feel it is possible to work the recommendation
into the overall plan.
Mr. Sigler stated it appears the recommendations made for the Economic Development Strategy
are already being implemented and asked what the purpose of the resolution would be. Ms. Armstrong
said the passage provides the ability to reaffirm the commitment and outreach among participants.
Mr. Proto noted he was very impressed with the summary. He noted that there are seven new
Legislators who will benefit from the summary provided. He then inquired how TCAD obtains follow-up
information on agencies and municipalities. Ms. Armstrong indicated the quarterly meetings provide
necessary updates to determine how the agencies/municipalities are proceeding. Mr. Proto expressed
concern regarding the agricultural piece within the Strategy and asked if it is anticipated that Cooperative
Extension would be completing this work. Ms. Armstrong noted that funding was not available for an
Economic Specialist to work with agriculture. Mr. Proto indicated he feels that the Agriculture and
Farmland Protection Board's resolution coming forward regarding the use of alternative fuels in
agriculture, should be able to be worked into the Strategy. Ms. Armstrong noted that Mr. Schlather,
Executive Director of Cornell Cooperative Extension, would most likely bring it forward if it would work
into the comprehensive plan. In response to a question from Mr. Proto, Ms. Armstrong noted no further
Legislature involvement would be required, however she felt if there were changes to guidelines it would
be brought back for discussion and review.
Mr. Booth corrected the reference to Cornell University, stating he indicated that it was
unrealistic to develop an economic development strategy that does not encompass the largest single
employment sector, which in this case would be higher education. He stated that two elements that need
to be considered are: (1) how can local or County government facilitate those institutions to fulfill their
mission, and (2) how can the residents of Tompkins County take better advantage of the size and
opportunities of this sector of the community. With regard to developing a twenty-year strategy for
housing, he noted that historically there is a lot of resistance from municipal governments to having
County government getting involved in decision-making processes related to land use issues, which can
include housing. He spoke of the City of Ithaca having two definitive rental groups, one being students
and the other the resident population. All compete for the same resources but have very different interests
and objectives. He said that housing as a strategy will require coming to grips with different definitions
from different decision -makers: e.g. local governments, builders, banks, and landlords. He stated the
brevity of the report does not clearly show how difficulties will be addressed. Ms. Armstrong noted that
it is a work in process and will be amended and that no one thing will clearly address the subject.
Ms. Kiefer asked if Ms. Armstrong could flesh out the status of items referred to in the cover
letter, namely which of the 1997 tasks were completed and which were still being worked on and whether
one or more particular agencies are taking on a task, etc. She then asked if TCAD is adequately staffed
to complete what needs to be done. Ms. Armstrong said that at the present time with the additional
Empire Zone duties staffing is inadequate.
Mr. Hattery asked how many planners suggested housing as a priority versus business individuals
who assisted in developing the strategy. Ms. Armstrong indicated that normally housing is a community
development issue, however, all parties, including the largest employers and not -for -profits indicated the
need to address the deficiency. She stated that virtually all leaders spoke of housing at all income levels,
noting they stated it is difficult to find employment resources needed as a result of inadequate housing.
As a result of this factor, it was decided it should be included and prioritized in the Economic
Development Strategy. In addition, Mr. Hattery was reassured that amendments to the plan would be
brought to the Legislature for review.
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October 3, 2006
Ms. Robertson referred to the newspaper article in The Ithaca Journal addressing local
economies, stating that Ithaca's downtown economy continues to grow and flourish. She said Ithaca
reflects an economy that, although not perfect, is unique in the region, as it is growing. She believes the
collaborative effort that the plan has will have positive results.
Ms. Kiefer was not certain if the intent for the Legislature is to receive an annual report, but she is
hopeful that will occur. Ms. Armstrong said they will be performing annual evaluation and monitoring of
goals, and a written report will be provided to all Legislators rather than just to the Planning,
Development, and Environmental Quality Committee.
It was MOVED by Ms. Robertson, seconded by Ms. Herrera, and unanimously approved by voice
vote, to lift Resolution No. 158 - Accepting and Committing to Implementation of the 2006 Tompkins
County Economic Development Strategy, from the table.
RESOLUTION NO. 158 — ACCEPTING AND COMMITTING TO IMPLEMENTATION OF
THE 2006 TOMPKINS COUNTY ECONOMIC DEVELOPMENT
STRATEGY
MOVED by Ms. Robertson, seconded by Ms. Herrera. A voice vote resulted as follows: Ayes —
14; Noes — 1 (Legislator Proto). RESOLUTION ADOPTED.
WHEREAS, in 1997, the Tompkins County Board of Representatives charged Tompkins County
Area Development (TCAD) with the preparation of an Economic Development Strategy to guide
countywide activities related to economic development and provide an agenda for positive action, and
WHEREAS, the Economic Development (ED) Strategy prepared for Tompkins County was
accepted by the County Board of Representatives in July, 1999, and
WHEREAS, the Economic Development Strategy included the formation of a Coordinating
Committee responsible for implementation of the strategy, and
WHEREAS, TCAD initiated a planning process to update the ED Strategy in 2005, involving
over seventy-five civic, business and citizen leaders coupled with a research component to provide in-
depth information and background data, and
WHEREAS, the Coordinating Committee, (including representatives from Tompkins County
Area Development, the Industrial Development Agency, the Workforce Investment Board, the Chamber
of Commerce and Convention and Visitors Bureau, the Ithaca Downtown Partnership, the City of Ithaca
Department of Planning and Economic Development and the Ithaca Urban Renewal Agency, the Town of
Ithaca Planning Department, the Tompkins County Planning Department, the Ithaca -Tompkins County
Transportation Council, Cooperative Extension of Tompkins County, and the Municipal Officials
Association) has been meeting quarterly to assess progress toward implementation of the 1999 ED
Strategy, to ensure that all parties are fully aware of the challenges and concerns facing committee
members, and to participate in creating the 2006 ED Strategy, and
WHEREAS, the Coordinating Committee structure has proved valuable in uniting the economic
development professionals in the community to provide mutual support and assistance, and
WHEREAS, the process of updating and revising the County's Economic Development Strategy
is complete, bringing with it new challenges and opportunities that can be more fully realized by
formalizing the role of the Coordinating Committee and converting it to an Economic Development
Collaborative with a mission to:
"Cultivate a prosperous and sustainable regional economy by building the economic foundations,
expanding opportunities, and fully engaging the community in ways that reflect the community's
strengths and values", and
WHEREAS, while further discussion, analysis, and action will be needed to achieve
implementation of the Three Five -Year Goals, a strategy document has been developed that offers a
sound approach to economic development and will serve as the basis for continuing discussion by the
Legislature and the community, and
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October 3, 2006
WHEREAS, Tompkins County has adopted a Comprehensive Plan and has a record of taking a
comprehensive approach to economic development and fostering collaboration to achieve planning and
development goals, and
WHEREAS, global as well as U.S. oil reserves are not only finite but are at or near the time when
production of oil has peaked and can only decline, a concept known as "peak oil", and this will have a
profound effect on virtually all aspects of our lives, since oil and gas in various forms are used not only to
power cars, trucks, planes, and electricity -generating plants and to heat buildings, but also as feedstocks
for chemicals, pesticides, fertilizers, medicines, and plastics, and the recognition of peak oil calls for a
further look at our local Economic Development Strategy, now therefore be it
RESOLVED, on recommendation of the Planning Development and Environmental Quality
Committee, That the Tompkins County Legislature hereby accepts the 2006 Economic Development
Strategy for Tompkins County, dated July 18, 2006, as a guide to continuing and future economic
development initiatives and activities intended to benefit all residents of Tompkins County in the years to
come,
RESOLVED, further, That Tompkins County supports the concept of the Economic Development
Collaborative and pledges to participate in strategies that will lead to fulfillment of the mission,
RESOLVED, further, That as part of fulfilling the Economic Development mission of cultivating
"a prosperous and sustainable regional economy", the Tompkins County Legislature calls on TCAD and
its collaborators to recognize the need to grapple with how best to respond to peak oil locally, and, in
addition to the three goals enumerated in the Economic Development Strategy, to also focus on ways to
help our local economy incorporate renewable energy, remain healthy in the face of the "peak -oil"
economic challenge, and move in the direction of being able to provide us locally with needed goods and
services.
SEQR ACTION: TYPE II -20
Privilege of the Floor by the Public — continued
Grace McMenamin, Adult Literacy Tutor for Tompkins Learning Partners, spoke on behalf of the
tutors and students to request support of the agency. She spoke of the agency's work with adult readers
and English as a second language students. She spoke of having grown up with parents unable to read
and how her task was to read such items as job applications, prescription bottles to her parents, and being
the only child in a family of five to graduate high school. Ms. McMenamin spoke of how well run the
agency is and that everyone serving clients are kind and giving, providing confidence, self-esteem, and
assist in their becoming good citizens. She asked that the Legislature continue the funding.
Presentation — Criminal Justice Advisory/Alternatives-to-Incarceration Board
Mrs. McBean-Clairborne, Chair of Public Safety, said several years ago the topic of an evaluation
of the Alternatives -to -Incarceration (ATI) programs was discussed. A series of questions was also
brought forward by Legislators Robertson and Proto regarding the (ATI) initiatives and have been taken
up by the advisory board. She introduced Ms. Cook, member and Chair of the Criminal Justice
Advisory/Alternatives-to-Incarceration Board, and paralegal for the County, to provide highlights of the
report.
Ms. Cook reported that the County Criminal Justice Advisory/Alternatives-to-Incarceration Board
is mandated by State Executive Law to analyze the jail population and review existing ATI programs. An
overarching goal is to create a safer community through the use of programming designed to break the
cycle of crime and recidivism, and to safely reduce the jail population. In Spring 2006 the advisory board
commenced an extensive review of the entire criminal justice system from arrest through to sentencing,
and reviewed the jail population particularly due to a high number of inmates boarding out. Ms. Cook
provided an overview of the scope of membership on the advisory board, noting that all aspects of
criminal justice and human services are represented and work in a collaborative manner.
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October 3, 2006
Ms. Cook reported that the study indicated that the County's ATI programs have proven to be
effective and the Day Reporting Program is strong, with the highest numbers seen thus far. In addition,
the County Probation Department was recognized by the State for achieving the lowest recidivism.
Tompkins County has three drug courts — Felony, Misdemeanor, and Family Treatment Court; an active
Offender Aid and Restoration program, Community Dispute Resolution Center, and substance abuse
treatment agencies. As a result of the review it was determined that the areas that need to be addressed
are: (1) a faster turn -around for drug and alcohol evaluations in the jail which could result in fewer jail
days while awaiting sentencing or treatment options, (2) at present there is no transitional housing that
assists in a step-down from jail to community; which can be effective with a combination of supervision
and treatment, and (3) the LaBella Study indicated that 84 percent of the inmates in the Jail had
previously been incarcerated, which is an indicator that a cycle needs to be broken.
Ms. Cook spoke of the importance of statistical data collection and analysis when reviewing the
various program components and determining what will be most effective to exiting inmates. At this time
the Sheriff's Department, Probation, and Offender Aid and Restoration are collecting data from inmates.
There is a three-month re-entry pilot program. Ms. Younger, Deputy County Administrator, is assisting
in organizing the objectives, setting a plan of action to complete the tasks, etc. At the present time, the
advisory board meets one time a month, however, in order to complete the necessary tasks it has been
determined to break out into four to five working groups with specific assignments to complete.
In conclusion, Ms. Cook said that an important aspect to bear in mind is that while attempts are
made to reduce costs when dealing with an offender, an important individual is the victim. She said
statistics show that having the offender be personally accountable to the victim in a sensible, personal,
and safe manner is an effective deterrent to re -offending. The Restoration Justice Committee has been
revived and a subcommittee has been formed to work on this aspect of criminal justice. Ms. Cook said
the advisory board will be providing updates in several months, and offered the option of a retreat to
further discuss options.
Mr. Joseph noted this is a progress report, and not a final document. He said that daily checking
of the jail population is not indicative of the program's success and that many options are still available to
assist with a reduction of crime and maintenance of public safety. Mr. Joseph said some options being
considered will not require Legislature action, while other proposals will. In the budget process funds
have been put in place for board -outs or programming to reduce jail overcrowding.
Sheriff Meskill spoke about the jail population, and a safe community. He said the process that
has just begun is a strategic planning process that will be refined to determine the best steps, timeline, etc.
He is pleased to see this work go forward as it will provide a plan that is measurable, regardless of
personal philosophy of ATI programs and he believes it will make a difference.
Mr. Booth asked several questions: (1) what the recidivism rate in Tompkins County has been
within the past year, (2) how was the 84 percent determined, (3) what is the lowest rate in New York, and
(4) what does relevant literature say is an acceptable rate? Ms. Cook said she did not have all the
information; however, the 84 percent was noted in the LaBelia study.
Mr. Hattery said upon review of the report he noted the comments relating to the lack of space. It
was noted that although space is an issue, it should not affect the program review and recommendations.
Sheriff Meskill said that it is hoped that the collaborative efforts will assist in alleviating the problem.
Mr. Proto was pleased to see this initiative, as it will provide information that is beneficial. He
hoped that historical information relating to the Probation Department would be made available to help
show the effectiveness of the program. Ms. Cook indicated Probation has a great deal of information and
that when combined with the other statistics being gathered it should provide a more comprehensive view
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October 3, 2006
of the effectiveness and needs of the ATI programs. Mr. Proto asked if there will be correlations between
the economic status and crime rates and was infornled that demographic statistics would be reviewed.
Ms. Robertson spoke of the extensive outreach that is undertaken by Probation and other Public
Safety members to educate appropriate members of the judicial field of the various programs available to
their clientele. She also noted that finding a way to assist inmates immediately after release would be a
positive step to reducing recidivism.
Chair's Report
Mr. Joseph reported on his attendance at the New York State Association of Counties (NYSAC)
conference the past week. He has material available for review, including a Legislative Summary on all
bills passed by the Legislature that may be important to the County, various other items of interest,
including literature on Medicaid, entitled "Living with the Medicaid Cap ". Although much of the
information is designed for use by social services departments, the overall impact of the report is that the
cap is very good for counties. Mr. Joseph said that the State has realized that by putting this rigid cap into
place there is the potential for counties not to limit spending, therefore there may be revisions to address
this problem. He did not receive any information about the amendments but it is felt that the cap in its
present form would allow counties to predict their cost for the program for twenty years.
Mr. Joseph said an item that has received interest at both the State and national levels is Chemung
County's Reform program that is an interesting approach to managed care. It puts all of Medicaid under
managed care and is based on extensive research regarding use. He used the example of a small group of
homeless persons in Elmira who utilized some form of Medicaid 300 time in a year. The program will
review the cause and effect to determine the best manner to reduce costs. At this time it is being closely
followed and has the support of Assemblyman Gottfried, Chair of the Assembly Health Committee.
Mr. Joseph spoke of the availability of grants for collaborative intermunicipal services, and
reported that the Tompkins County Council of Governments is in the process of applying for a grant for
cooperative health insurance. One interesting factor was doing services countywide, with an example of a
County having fifty percent or more of the municipalities joining to do cooperative purchasing, payroll,
one human resource office, assessment, or dispatch; he noted Tompkins County has countywide
assessment and dispatch.
Mr. Joseph is a member of the NYSAC Standing Committee on Public Safety, a resolution was
passed at both committee and the business meeting, to urge the State to take responsibility for violated
parolees incarcerated in County jails as well as additional funding for defense of indigents. These items
will be priority items for the NYSAC lobbying staff. Conversations regarding the subject of parolees
brought forth suggestions of ways to obtain assistance from State personnel to help make reentry more
successful. He also said the new State Commissioner of Corrections has received positive comments,
noting that Ulster County met with the new Commissioner and had positive feedback regarding a lower
level of staffing that County's new jail.
Report from the County Administrator
Mr. Whicher did not have a report.
Report from the County Attorney
Mr. Wood reported that there has been a settlement with regard to the challenge of the 2003
through 2006 assessments for Pyramid Mall. The settlement, made with the help of attorney Martin
Shapiro, allows for an agreement for the years 2003 through 2006, as well as for the years 2007 through
2009. Under the terms of the settlement, which has received judicial approval, no taxing authority will be
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October 3, 2006
required to refund any taxes to Pyramid Mall. A discussion occurred regarding details of how the
settlement was determined, noting that Pyramid Mall is one of the "unique' properties within the County,
and assessment is based on the income stream.
Report from the Finance Director
Mr. Squires called attention to the listing of properties subject to tax enforcement proceedings.
The list contains approximately 130 properties, which is reduced from the normal 150 properties, with
$860,000 total taxes due. Two properties are mobile home parks, and represent over $225,000 of the
amount.
Recess
Chair Joseph declared a recess from 7:50 p.m. to 8:02 p.m.
Addition(s) to the Agenda
It was MOVED by Ms. Robertson, seconded by Mr. Proto, and unanimously approved by voice
vote of members, to add Edward Marx, Commissioner of Planning and Public Works, to the Empire Zone
Administration Board list of appointments.
Withdrawal(s) from the Agenda
There were no withdrawals from the agenda.
Approval of Resolution(s) and Appointment(s) Under the Consent Agenda
It was MOVED by Mr. Proto, seconded by Ms. Robertson, and unanimously adopted by voice
vote, to present for approval the following resolution(s) under the Consent Agenda:
RESOLUTION NO. 165 - AUTHORIZING PUBLIC HEARINGS FOR HOUSING, PUBLIC
FACILITIES, AND ECONOMIC DEVELOPMENT NEEDS FOR
THE SMALL CITIES COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM
MOVED by Mr. Proto, seconded by Ms. Robertson, and unanimously adopted by voice vote
under the Consent Agenda.
WHEREAS, the New York State Governor's Office for Small Cities' funding for the Community
Development Block Grant (CDBG) program accepts open -round applications for economic development
projects throughout the year; and competitive applications for housing, public facilities, and
microenterprise projects in the spring of each year, and
WHEREAS, Tompkins County would like to apply for open -round economic development funds
in 2006 and competitive housing, public facilities, and microenterprise funds in 2007, and
WHEREAS, Tompkins County is required to have at least two public hearings pursuant to any
CDBG applications for funding, now therefore be it
RESOLVED, on recommendation of the Planning, Development, and Environmental Quality
Committee, That three public hearing dates be set: the first to be held on October 17, 2006, to discuss
general housing, public facilities, and economic development needs in the County; the second to be held
on November 8, 2006, to discuss submitting a specific application for open -round economic development
funds under the CDBG program in 2006; and the third to be held on January 16, 2007, to discuss
submitting a specific application for competitive housing, public facilities, and microenterprise funds
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October 3, 2006
under the CDBG program in 2007. These hearings will be held at 5:30 p.m., at a regularly scheduled
meeting of the Tompkins County Legislature, 320 North Tioga Street, Ithaca, New York,
RESOLVED, further, That the Clerk of the Legislature is authorized to place proper notice of
these public hearings in the official newspaper of the County.
SEQR ACTION: TYPE I1-20
RESOLUTION NO. 166 - ESTABLISHING COUNTY EQUALIZATION RATES
MOVED by Mr. Proto, seconded by Ms. Robertson, and unanimously adopted by voice vote
under the Consent Agenda.
WHEREAS, pursuant to Article III, Section 4.05, Subdivision (d) of the Tompkins County
Charter and Code, the Director of Assessment has submitted and recommended the adoption of
equalization rates for all towns in Tompkins County and the City of Ithaca for the assessment rolls filed in
2006, and for the apportionment of County taxes levied in 2007, now therefore be it
RESOLVED, on recommendation of the Government Operations Committee, That the following
equalization rates be and hereby are adopted:
AGGREGATE ASSESSED AGGREGATE FULL
VALUATION OF TAXABLE COUNTY VALUATION OF TAXABLE
REAL PROPERTY FOR EQUALIZATION REAL PROPERTY FOR
TOWN COUNTY PURPOSES RATE COUNTY PURPOSES
Town of Caroline 144,051,058 90 160,056,731
Town of Danby 185,525,896 90 206,139,884
Town of Dryden 687,576,306 90 763,973,673
Town of Enfield 132,309,237 90 147,010,263
Town of Groton 198,995,181 90 221,105,757
Town of Ithaca 1,040,208,924 90 1,155,787,693
Town of Lansing 1,046,829,198 90 1,163,143,553
Town of Newfield 192,269,089 90 213,632,321
Town of Ulysses 344,636,609 90 382,929,566
City of Ithaca 1,182,406,675 90 1,313,785,194
TOTALS $5,154,808,173 $5,727,564,637
SEQR ACTION: TYPE II -20
Appointment(s) Approved Under the Consent Agenda
Appointments under the Consent Agenda were withdrawn until later in the meeting.
Report from the Personnel Committee
Mr. Dennis, Chair, reported the next meeting will be on October 11, 2006. He reported that the
Road Patrol Agreement has been signed by all parties and is anticipated implementation will be occurring
shortly. In addition an RFQ is being developed by the County Administrator to obtain a new negotiator
for the next session.
Ms. Kiefer requested the County Administrator to include language within the Request for
Qualifications that would make certain no appearance of conflict exists; Mr. Whicher reported it has been
included.
Report and Presentation of Resolution(s) from the Government Operations Committee
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October 3, 2006
Ms. Herrera, Chair, reported the Committee met on September 111h, with the majority of work
reflected in the resolutions included within the agenda. The next meeting will be on October 18 at 3:30
p.m., which is a different time for meetings.
RESOLUTION NO. 167 - SETTING THE INCOME LIMITS FOR THE PERSONS WITH
DISABILITIES AND PERSONS SIXTY-FIVE YEARS OF AGE OR
OLDER LIMITED INCOMES REAL PROPERTY TAX
EXEMPTION
MOVED by Ms. Herrera, seconded by Mr. Randall. Ms. Herrera said this is a result of the State
indicating that the County has the option of increasing the amount of annual income by $2,000 for these
exemptions. Infoiuiation regarding the impact to the County provided to Legislators showed it was an
impact of $24,000, and would assist in allowing individuals to stay in their homes. Mr. Stevenson asked
for clarification of "M" as indicated within the resolution and was informed this is the sliding scale
definition. Mr. Franklin clarified for Ms. Robertson the estimated additional exemptions, noting that a
great deal of information regarding income is available from the Enhanced STAR program. Ms. Kiefer
noted that while some communities have adopted the maximum exemption limits, more municipalities
have not. She encouraged members who vote in favor of the resolution to encourage their municipalities
to do so as well. Ms. Kiefer stated she had not supported the resolution at Committee, and will not
support it at this time, as she does not believe it is necessary to approve amendments annually. Ms.
Herrera noted this resolution is for only the present year. Mr. Franklin qualified that the income level is
Adjusted Gross Income less any IRA distributions.
A voice vote on the resolution resulted as follows: Ayes — 14, Noes — 1 (Legislator Kiefer).
RESOLUTION ADOPTED.
WHEREAS, the County Legislature desires to increase the income limits for the Persons with
Disabilities and Limited Incomes Real Property Tax Exemption, and
WHEREAS, the County Legislature desires to increase the income limits for the Persons Sixty -
Five Years of Age or Older Real Property Tax Exemption, now therefore be it
RESOLVED, on recommendation of the Government Operations Committee, That M as stated in
Local Law No. 1 of 2001 be amended to $26,000,
RESOLVED, further, That the following schedule of income limits and corresponding percentage
exemptions be adopted.
Percentage Assessed Valuation
Annual Income Exempt From Taxation
$26,000 or less 50%
$26,001 to $26,999 45%
$27,000 to $27,999 40%
$28,000 to $28,999 35%
$29,000 to $29,899 30%
$29,900 to $30,799 25%
$30,800 to $31,699 20%
$31,700 to $32,599 15%
$32,600 to $33,499 l0%
$33,500 to $34,399 5%
SEQR ACTION: TYPE 11-20
RESOLUTION NO. 168 - AMENDING THE RULES OF THE LEGISLATURE — RULE V —
ORDER AND DECORUM
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October 3, 2006
MOVED by Ms. Herrera, seconded by Mr. Stevenson. Ms. Herrera noted the split vote at
Committee was 3-2; she appreciates the work involved in amending the rules to assist in eliminating
loopholes that may exist.
MOVED by Ms. Kiefer, seconded by Mr. Randall, to offer the following substitute resolution that
Ms. Kiefer believes provides more clarification with less modification to the existing rule:
WHEREAS, it is desirable to amend the present Rules of Voting to more clearly specify
procedure regarding an appeal taken from the decision of the Chair, now therefore be it
RESOLVED, on recommendation of the Government Operations Committee, That paragraph (2)
of Rule V — Order and Decorum is hereby amended as follows:
If an appeal is taken from a decision of the Chair, the Chair shall have the right to explain the
reason for the decision. The Legislature may debate before deciding and the question shall be stated by
the Clerk, "Shall the ruling of the Chair be sustained?" The vote shall be taken by roll call of the
members present and voting exclusive of the Chair who shall not vote on appeals from the ruling of the
Chair. However, if there is a tie vote, the Chair's vote shall be added.
SEQR ACTION: TYPE 11-20
In addition, Ms. Kiefer stated she believes it is important that both the Chair and Legislature
members have the ability to discuss the pros and cons of this appeal situation. She also does not believe it
is necessary to amend the word "sustained.
Ms. Herrera said she prefers the original resolution that does not allow for debate by the
Legislature, which encourages more procedural delays to win approval. In addition, the majority of
Committee members favored "overruled" to "sustained".
Mr. Proto said his question extends to both the original as well as the substitute; in either case the
resolution as presented to Government Operations Committee included three additional paragraphs
dealing with what could be discussed while the roll was being called, that there should not be a public
statement criticizing the job performance of an employee, and that in the event of a disruption during the
meeting the Chair should have the discretion to recess the meeting. None appear in the resolutions
presented. Following a discussion with Ms. Pottorff, Chief Deputy Clerk, he understood that they would
remain within the rules, the only modifications are to what is being presented. Ms. Herrera confirmed this
information.
Mr. Sigler requested Mr. Wood to reiterate information provided to the Government Operations
Committee relating to the statement of "shall be decided without debate" shown in the original resolution
presented. Mr. Wood stated that the teen "without debate" is from Robert's Rules.
Mr. Joseph shared a chart that assists to clarify the problems associated with the present rule and
the need to modify it. He believes the Chair's vote should count and that in the event there is not full
representation of the Legislature that the majority should rule.
Ms. Robertson indicated support for the original resolution, however, she asked if it could be
modified to include the statement "may debate before deciding". Mr. Joseph did not have an objection to
including the statement.
Ms. Kiefer noted the substitution would allow for the Chair to vote in the event of a tie,. She
strongly feels it is appropriate that there be eight votes in favor to decide a matter.
A voice vote on the motion to substitute resulted as follows: Ayes — 3 (Legislators Kiefer, Proto,
and Randall); Noes — 12. MOTION TO SUBSTITUTE FAILED.
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October 3, 2006
It was MOVED by Ms. Robertson, seconded by Mr. Booth, to amend the original resolution as
follows: The Legislature may debate before deciding shall decide the case without debatc..."
Ms. Herrera referred to Mr. Wood's statement that the reason it is without debate is a procedural
step recommended by Robert's Rules. She does not feel that it is necessary to include debate, which at
times can be lengthy. She urged members to support the original language contained within the
resolution.
A voice vote on the motion to amend resulted as follows: Ayes — 5 (Legislators Booth, Dennis,
Kiefer, Proto, and Randall); Noes — 10. AMENDMENT FAILED.
A voice vote on the original resolution resulted as follows: Ayes — 12; Noes — 3 (Legislators
Kiefer, Proto, and Randall). RESOLUTION ADOPTED.
WHEREAS, it is desirable to amend the present Rules of Voting to more clearly specify
procedure regarding an appeal taken from the decision of the Chair, now therefore be it
RESOLVED, on recommendation of the Government Operations Committee, That paragraph (2)
of Rule V — Order and Decorum is hereby amended as follows:
If an appeal is taken from a decision of the Chair, the Chair shall have the right to explain the
reason for the decision. The Legislature shall decide the case without debate, and the question shall be
stated by the Clerk, "Shall the ruling of the Chair be overruled?" The vote shall be taken by roll call of
the members present including the Chair. If the majority of the members present and voting are in favor
of overruling the Chair, then the ruling shall be overruled. If the majority of such members do not vote in
favor of overruling, then the ruling of the Chair shall be sustained.
SEQR ACTION: TYPE 11-20
RESOLUTION NO. 169 - AMENDING THE RULES OF THE LEGISLATURE — RULE VII -
RULES OF VOTING (RESOLUTION REFERRED TO
COMMITTEE -ADOPTED NOVEMBER 8, 2006)
MOVED by Ms. Herrera, seconded by Mrs. McBean-Clairbome. Ms. Herrera stated she believes
the resolution presented effectively amends the rule to more simply and clearly define the process.
It was MOVED by Ms. Kiefer, seconded by Mrs. McBean-Clairborne, to offer the following
substitute:
WHEREAS, it is desirable to amend the present Rules of Voting to more clearly specify
procedure to determine a direct interest in the result of the vote, and
WHEREAS, it is also desirable to have the advice of the County Attorney in determining direct
interest, now therefore be it
RESOLVED, on recommendation of the Government Operations Committee, That paragraph (2)
of Rule VII, Rules of Voting is hereby amended as follows:
RULE VII - RULES OF VOTING
(2) Every member present when a vote is taken upon any question shall vote unless excused by
unanimous consent of all members present, or unless a member has a direct interest in the result of the
vote. If a member believes he/she or another member has or is believed to have a direct interest in the
outcome of such vote, the member shall declare what that direct interest is; the County Attorney shall
explore the nature of the conflict of interest and offer advice, and the Chair of the Legislature shall then
make the ruling on whether there is a conflict or not. If the Chair's ruling is affirmative as to the
existence of conflict the member shall have the choice of whether or not to vote.
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October 3, 2006
The Chair shall in all cases, except upon appeals from rulings of the Chair have a right to vote.
SEQR ACTION: TYPE II -20
Ms. Kiefer spoke of the great deal of thought she has had as a result of her position as Chair of
the Board of Ethics. She believes that a Legislator discloses what may be an apparent conflict is
important and would not like to see a declaration used to avoid taking a position, though she does not
believe it has occurred. The substitute addresses the situation of what the direct interest is, the County
Attorney shall offer advice, and the Chair will make a ruling as to whether there is a conflict. This will
continue present practice and provide the ability to vote.
Ms. Herrera believes that the substitution, particularly the portion that states "or is believed to
have a direct interest", has the potential of creating a situation that an outside party may claim the
potential conflict, thereby causing the matter to require more extensive investigation that should be
necessary. In addition, the portion regarding the Chair making the ruling of whether a conflict exists,
particularly based upon the possible interpretation by the County Attorney on information available at the
specific time a possible conflict is mentioned, could make for an undesirable situation.
Mr. Proto noted that in the original resolution, an individual wishing to not vote must receive the
support of the entire Legislature, or unless that member declares that they have a direct interest in the
result of the vote. He believes that it was not the intent to say a member may be excused from any vote if
they receive unanimous approval of the members and suggested the form of the language be adjusted to
indicate the declaration followed by the vote. Ms. Kiefer indicated that she had found it difficult to
amend the language to adequately reflect the intent. She spoke of a handout provided to members and
suggested the resolution return to Committee as she believes there are additional revisions required within
Rule VII.
Ms. Herrera clarified that the first part of the paragraph stands alone, that a member shall always
vote unless excused by a majority of the membership of the Legislature; the second portion addresses the
ethics issue. She would like to have the members vote on the resolution before them and address other
aspects of Rule VII at future meetings.
In response to an inquiry by Mrs. McBean-Clairborne, it was noted that as a result of language
approved in Resolution No. 168, the Chair would be allowed to vote at all times.
It was MOVED by Mr. Dennis, seconded by Mr. Hattery, to call the question. A voice vote on
the motion resulted as follows: Ayes 10; Noes — 5 (Legislators Joseph, Kiefer, McBean-Clairborne,
Mackesey, and Robertson). MOTION TO CALL THE QUESTION CARRIED.
A voice vote on the motion to substitute resulted as follows: Ayes 3 (Legislators Kiefer,
Mackesey, and McBean-Clairborne); Noes — 12. MOTION TO SUBSTITUTE FAILED.
It was MOVED by Ms. Robertson, seconded by Mr. Proto, to refer the original resolution back to
Committee. A voice vote on the motion resulted as follows: Ayes 9; Noes 6 (Legislators Dennis,
Flattery, Herrera, Koplinka-Loehr, Randall, and Stevenson). MOTION TO REFER TO COMMITTEE
CARRIED.
WHEREAS, it is desirable to amend the present Rules of Voting to more clearly specify
procedure to determine a direct interest in the result of the vote, and
WHEREAS, it is also desirable to have the advice of the County Attorney in determining direct
interest, now therefore be it
RESOLVED, on recommendation of the Government Operations Committee, That paragraph (2)
of Rule VII, Rules of Voting is hereby amended as follows:
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October 3, 2006
RULE VII - RULES OF VOTING
(2) Every member present when a vote is taken upon any question shall vote unless excused by
unanimous consent of all members present, or unless that member declares that they have a direct interest
in the result of the vote. The Chair shall in all cases have a right to vote.
SEQR ACTION: TYPE II -20
RESOLUTION NO. 170 - ADOPTION OF REGULAR AND SUPPLEMENTAL REPORTS OF
TOTALS (FOOTINGS) OF ASSESSMENT ROLLS
MOVED by Ms. Herrera, seconded by Mr. Koplinka-Loehr, and unanimously adopted by voice
vote.
WHEREAS, Tompkins County desires to maintain an official record of the 2006 Final
Assessment Roll, now therefore be it
RESOLVED, on recommendation of the Government Operations Committee, That the regular
and supplemental report of the totals (footings) of assessment rolls be accepted and the figures therein be
used as a basis for the taxation in the several tax districts of the County for the year 2007 based upon the
July 1, 2006 County of Tompkins Final Assessment Roll.
SEQR ACTION: TYPE II -20
Report and Presentation of Resolution(s) from the Planning, Development and Environmental
Quality Committee
Ms. Robertson, Chair, reported the Committee met September 21 and just prior to this meeting.
The next meeting will be on October 19 at 3:30 p.m., which will be the new start time for the rest of the
year.
RESOLUTION NO. 171 - EXPANDING THE TOMPKINS COUNTY HOMEOWNERSHIP
PROGRAM TO ALLOW PARTICIPANTS TO PURCHASE NEW
HOMES
MOVED by Ms. Robertson, seconded by Mrs. McBean-Clairborne. Ms. Robertson noted that the
resolution now includes doublewide mobile homes, and further explanation is available within the memo
from Ms. Filiberto of the Planning Department. Mr. Randall noted that the amendment to include
doublewide mobile homes on permanent foundations makes is consistent with the current policies.
Ms. Kiefer stated she would not support the resolution due to the inclusion of new construction
Type Item 1 and new home listed for sale on the open market, as it may not be located on a parcel with
water and sewer, or near existing jobs. She does not believe it would be beneficial to support this type of
sprawl investment, which contradicts goals of the County Comprehensive Plan.
A voice vote on the motion resulted as follows: Ayes — 13; Noes — 2 (Legislators Kiefer and
Mackesey). RESOLUTION ADOPTED.
WHEREAS, the Tompkins County Homeownership Program has provided down payment
assistance to 218 low- and moderate -income households to help purchase safe, decent housing since 1993,
and
WHEREAS, the number of listings on the market at prices that households with limited incomes
can afford to purchase has decreased dramatically as housing prices have increased over the past several
years and as a result, program participants are very limited in their choices of available housing units, and
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October 3, 2006
WHEREAS, expanding the program to include new home purchases could ease the impediments
in the tight real estate market, and
WHEREAS, expanding the program to include new home purchases supports the goals of the
County's Comprehensive Plan outlined in the housing section, which include promoting choice in
location and type of housing, increasing homeownership, and promoting opportunities for people who
work in Tompkins County to live in the County, and
WHEREAS, local municipalities are vested with the authority to determine where and how
residential development should occur through land -use planning, subdivision, and zoning laws, and any
new housing construction would be subject to local regulations, and
WHEREAS, expanding the program to include new home purchases should also support other
goals of County's Comprehensive Plan such as encouraging development that preserves open space and
valuable agricultural land, increasing housing density near job centers, encouraging infill development in
existing town centers, and maximizing the efficient use of public infrastructure, and
WHEREAS, the Tompkins County Planning Advisory Board Housing Subcommittee and the
Homeownership Program Oversight Committee approved the recommended program modifications, now
therefore be it
RESOLVED, on recommendation of the Planning, Development, and Environmental Quality
Committee, That Tompkins County is hereby expanding the Tompkins County Homeownership Program
to allow participants to purchase new housing using the following parameters•
New Construction Type
Eligibility Guidelines
1. A new home listed for sale on the open
market.
- None.
2. A new home offered exclusively to
program participants.
- Developer must present the design and location
of the home to the Homeownership Oversight
Committee for pre -approval prior to offering it
exclusively to program participants.
3. A new construction project that is
publicly funded or assisted.
- Project must be presented to the Homeownership
Oversight Committee for approval.
- Parcel must be 1/2 acre or less in size.
- Home must be connected to public or community
water and sewer infrastructure.
- Home must be located within 1/4 mile of a transit
stop.
- Location must promote a compact, nodal
development pattern as discussed in the
Tompkins County Comprehensive Plan.
: 1 Y Yr, 1I -
RESOLUTION NO. 172 - APPROPRIATION FROM CONTINGENCY FUND FOR GADABOUT
MOVED by Ms. Robertson, seconded by Mr. Dennis. Ms. Robertson called attention to written
material on desks relating to the resolution. Ms. Kiefer will support the resolution but asked that the
budget be reviewed by Committee members. Ms. Robertson stated the Committee did review the budget
and that TCAT will be reviewing Gadabout's funding level.
Mr. Proto said he did not support the resolution at the Committee meeting for various reasons,
specifically a concern regarding material presented not having all answers available. He agrees that
TCAT should review Gadabout's relationship between TCAT and the County, including information on
the new building extension that did not have any cost associated with it. He will support it at this time
with the friendly amendment indicating it was a requested amount.
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October 3, 2006
Mr. Stevenson requested information to clarify the codes in the written material.
Ms. Herrera stated it is important to understand that Gadabout has not previously requested
increased assistance from the County. As a member of the TCAT Board she noted that the additional
building used by Gadabout could be reviewed at a later time.
It was MOVED by Mr. Sigler, seconded by Mr. Proto, to remove the second WHEREAS from
the resolution. Mr. Sigler noted he does not believe it to be relevant to the problem, which is a shortage
of funding due to increased fuel costs.
A voice vote on the motion to delete the second WHEREAS resulted as follows: Ayes - 3
(Legislators Kiefer, Proto, and Sigler); Noes - 12. MOTION FAILED.
Ms. Robertson believes that the second RESOLVED indicates the intent to review funding.
It was MOVED by Mr. Stevenson, seconded by Mr. Dennis, to call the question. A voice vote on
the motion to call the question resulted as follows: Ayes - 10; Noes — 5 (Legislators Joseph, Kiefer,
McBean-Clairborne, Proto, and Sigler). MOTION TO CALL THE QUESTION CARRIED.
A short roll call vote on the motion to approve the resolution resulted as follows: Ayes - 13;
Noes — 2 (Legislators Mackesey and McBean-Clairbome). RESOLUTION ADOPTED.
Ms. Kiefer inquired how Gadabout receives funding and was informed by Mr. Squires that the
County pays quarterly, TCAT pays monthly.
WHEREAS, Gadabout has been severely impacted by the steep increase in fuel costs resulting in
an operating deficit, and
WHEREAS, Gadabout's requested $75,000 in funding from Tompkins County has not increased
in ten years, now therefore be it
RESOLVED, on recommendation of the Planning, Development, and Environmental Quality and
the Budget and Capital Committees, That $20,000 be allocated from the Contingency Fund to cover
unanticipated fuel costs for Gadabout,
RESOLVED, further, That the Legislature requests that the Tompkins Consolidated Area Transit
(TCAT) Board review Gadabout's funding level,
RESOLVED, further, That the Director of Finance be authorized to make the following budget
appropriations:
FROM: A1990.54400 Contingency Fund $20,000
TO: A5630.54400 Transportation Services $20,000
SEAR ACTION: TYPE 1I-20
Report from the Budget and Capital Committee
Mr. Koplinka-Loehr, Chair, reported the Committee met on September 28. The next meeting
will be on October 10th, and will include approval of the previous meeting's minutes. A draft schedule
has been developed for that meeting, and the Committee will meet on October 12 to review remaining
items requested by Legislators.
Report from the Public Safety Committee
Mrs. McBean-Clairborne, Chair, reported the Committee will meet on October 5`h.
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October 3, 2006
Report from the Workforce Diversity and Inclusion Committee
Mrs. McBean-Clairborne, Chair, reported the Committee met on September 27, and has been
working on revising the Workforce Diversity logo as well as reviewing the bylaws that will incorporate
the Affirmative Action work into the workforce diversity aspect.
Report from the Health and Human Services Committee
Mr. Proto, Chair, reported the Committee will meet on October 4111. He reminded members of the
Legislature of the Breast Cancer Alliance Walkathon information and reminded everyone this is Breast
Cancer Awareness Month.
Report and Presentation of Resolution(s) from the Facilities and Infrastructure Committee
Mr. Randall, Chair, reported the Committee met on September 261x', and was informed of the
creation of a Sustainability Committee by the Public Works Cabinet; it will assist in developing services
and policies to assist in bringing about awareness of energy conservation. In addition, the Solid Waste
five-year budget projection was reviewed and included amendments to indicate the financial projection
for single -stream waste; a presentation on the single -stream solid waste facility in Syracuse was provided;
and additional information on low-volume road maintenance was discussed. Mr. Randall reported that
the Committee will meet on October 11`h at 3:30 p.m.
RESOLUTION NO. 173 - APPROPRIATION FROM CONTINGENT FUND - EMERGENCY
POWER GENERATION
MOVED by Mr. Randall, seconded by Mr. Shinagawa. A short roll call resulted as follows:
Ayes — 13; Noes — 2 (Legislators Kiefer and Sigler). RESOLUTION ADOPTED.
WHEREAS, it is important to provide emergency power generation for County facilities in the
event of an emergency or disaster situation, and
WHEREAS, the Emergency Management Strategy Group comprised of members from County
Administration, Public Works, Health Department, Personnel, Information Technology Services, and
Department of Emergency Response have presented a proposal for an emergency power generation plan
for Biggs B, Mental Health, and Human Services buildings to be implemented over three years based on a
Feasibility Report prepared by LaBella Associates dated June 27, 2006, and
WHEREAS, the first piece of the plan is for the design and installation of a portable 150 Kw
emergency generator at Biggs B to serve the Health Department, totaling $90,000, now therefore be it
RESOLVED, on recommendation of the Facilities and Infrastructure and the Budget and Capital
Committees, That the Director of Finance is hereby authorized and directed to make the following budget
appropriation:
FROM: A1990.54400 Contingent Fund $90,000
TO: A1601.59239 Construction Expense $90,000
SEQR ACTION: TYPE II - 20
Appointment to the Empire Zone Administration Board
It was MOVED by Ms. Robertson, seconded by Ms. Herrera, to approve the recommended
appointments by the Planning, Development and Environmental Quality Committee to the Empire Zone
Administration Board.
Ms. Kiefer expressed her disappointment in the process used to solicit applications noting that
Tompkins County Area Development staff had already invited specific persons to serve. She reported on
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October 3, 2006
having recommended several individuals apply. and although their resumes were dated the same as
invited individuals, no consideration had been made. She will not support the motion for this reason.
Mr. Booth stated that a valuable individual whom he believes would have had a great deal to offer
to the advisory board was not included, although additional seats could be made available. He will not
support the appointments for this reason.
It was MOVED by Ms. Robertson, seconded by Ms. Herrera, to enter into an executive session to
discuss personnel matters. A voice vote on the motion resulted as follows: Ayes - 5 (Legislators Dennis
Herrera, Robertson, Shinagawa, and Stevenson); Noes - 10. MOTION FAILED.
Ms. Herrera stated when the topic was first brought up at Committee causing her to ask for a
postponement of the vote and it was granted. She said as a result of the short notice it has been
determined to expand the membership; however, to resolve the request of the State to implement a
working Administration Board the recommended membership should be approved. She stated there is an
opportunity to expand the membership in a fair and equitable geographical area.
Mrs. McBean-Clairborne asked for clarification of the potential for additional membership on the
Administration Board and the timeline involved. Ms. Robertson indicated there is no maximum number
of seats and any name may be suggested at any time; preferably as soon as possible. The seats listed for
the proposed membership are either mandated by State or was determined through the local law passed by
the Legislature. Ms. Robertson spoke of the potential of adding at -large seats in the future if desired.
Mr. Proto asked that it be clear this resolution does not authorize or commit funding to TCAD for
staff support for this function and was assured it does not.
Ms. Kiefer replied to Ms. Robertson's statements and noted that the seat designations have
enough flexibility that the individual's request to serve could have been accepted.
It was MOVED by Mr. Stevenson, seconded by Mr. Proto, to call the question. A voice vote on
the motion resulted as follows: Ayes - 15; Noes - 0. MOTION TO CALL THE QUESTION CARRIED.
A voice vote on the original motion to approve the following appointments to the Local Empire
Zone Administration Board resulted as follows: Ayes - 10; Noes — 5 (Legislators Booth, Kiefer,
Mackesey, Shinagawa, and Stevenson). APPOINTMENTS APPROVED.
David W. Sprague — Local Business representative
Michael Hattery - Residential representative
Nels Bohn — Community Organization representative
Carl E. Haynes — Local Educational Institution representative
Michelle Benedict -Jones — Financial Institution representative
Michael W. Tolarski — Organized Labor representative
Jean McPheeters — Local Business representative
Ed Marx — Commissioner of Planning (Chair)
Adjournment
On motion the meeting adjourned at 9:20 p.m.
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October 17, 2006
Regular Meeting
Public Hearing
Mr. Joseph called a public hearing to order at 5:30 p.m. concerning the Small Cities Community
Development Block Grant Program for the purpose of discussing general housing, public facilities, and
economic development needs in the County.
Chair Joseph asked if anyone wished to speak. Ed Marx, Commissioner of Planning and Public
Works, read the following statement:
CDBG Program Overview
`'The Small Cities Community Development Block Grant (CDBG) Program is a federally funded
program authorized by Title I of the Housing and Community Development Act of 1974.
"The Small Cities Program provides grants to smaller communities to ensure decent affordable
housing, to provide services to the most vulnerable community members, to create jobs and expand
business opportunities for implementing a variety of community and economic development activities
directed toward neighborhood revitalization and economic development, and to provide improved
community facilities and services. Approximately $50 million of CDBG funds are available each Program
Year.
"Tompkins County and many of the towns and villages have utilized the CDBG program for a
number of projects. The County has received 14 separate grants totaling over 6 million dollars which have
primarily been used to support the county's very successful first time home buyer program as well as a
handful of economic development projects.
Program Objectives
"Identifying the need for CDBG funding must be initiated and developed at the local level. It
must be based upon the community's analysis of its local needs, priorities, and benefits to the community.
Each eligible applicant pursuing funding must be responsible for meeting all of the state and federal
requirements including the eligibility of each activity and compliance with one of the following national
objectives:
• benefit low- and moderate -income households,
• aid in the prevention or elimination of slums or blight, or
• meet community development needs having a particular urgency.
Types of Applications
"The Program is divided into two separate components: the Annual Competitive Grant Round,
and the Open Round for Economic Development grants.
`'Projects submitted under the Annual Competitive Round must address and resolve a specific
community development need within one of the following three areas: (a) Housing, (b) Public Facilities,
or (c) MicroEnterprise. The notice of funding for the competitive round is generally published in
December and applications are due in April. Economic development activities are accepted by the
Governor's Office for Small Cities (GOSC) in a non-competitive, open round format throughout the year.
Comments
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October 17, 2006
-I will now take any questions, comments on community needs, or suggestions for projects to be
considered for 2006 Open Round for Economic Development projects or the 2007 Annual Competitive
Grant Round.
`'Written comments may be submitted to the Commissioner of Planning, Tompkins County
Planning Department, 121 E. Court Street, Ithaca, NY 14850".
No member of the public wished to speak and the public hearing was closed at 5:35 p.m.
Mr. Booth arrived at 5:35 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.
Presentation of Proclamation(s)
Chair Joseph presented the following proclamations:
Home Health Aide Appreciation Week in Tompkins County - November 12 thru 18, 2006, to
Betty Falcao, Health Planning Council; and
Breast Cancer Awareness Week in Tompkins County - October 23-29, 2006, to Bob Ritter,
Associate Director of the Ithaca Breast Cancer Alliance
Privilege of the Floor by the Public
No member of the public wished to speak.
Privilege of the Floor by Legislators
Ms. Herrera, District No. 3 Legislator, announced the annual Ithaca CROP Walk is this weekend
with registration taking place on October 22nd at Dewitt Park. She said there are at least three other
CROP Walks that will take place around Tompkins County and encouraged everyone to participate as this
provides benefits at both the local and national levels. She also announced there is a Tompkins County
team for the Ithaca Breast Cancer Alliance Walk-a-thon and encouraged others to support this important
cause as well.
Mr. Stevenson, District No. 8 Legislator, spoke of the importance of changing batteries in smoke
detectors, as they are the most important life -safety devices that can be used in a home. He encouraged
everyone to do this as they set their clocks back for daylight savings time.
Mr. Koplinka-Loehr, District No. 11 Legislator, announced the Chamber of Commerce is hosting
its annual fundraising auction on October 19th and stated he has an extra ticket for any interested
Legislator.
Ms. Robertson, District No. 13 Legislator, announced the Ithaca Free Health Clinic will host a
free clinic every fourth Tuesday each month and will have health educators on site. She stated this is a
free health clinic for children without health insurance.
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October 17, 2006
Mr. Dennis, District No. 15 Legislator, reported the Tompkins County Health Department is
conducting a series of flu shot clinics over the next few weeks. Information can be obtained by
contacting the Health Department.
Report from the Chair
Mr. Joseph announced a meeting in the form of a panel on affordable housing will be hosted by
Mayor Carolyn Peterson, and will feature a discussion of the local housing market. It will be held
Thursday, October 19th from 9 to 11 a.m. in Common Council Chambers.
Report from the County Administrator
Mr. Whicher said he has provided a General Revenue Summary to all Legislators this evening in
addition to a letter showing how responsibilities have been delegated in the Department of County
Administration in his absence
Report from the County Attorney
Mr. Wood had no report
Report from the Finance Director
Mr. Squires reported on the Sheriff's contract settlement and Arbitrator's award in which the
County is required to make payment for whatever was in the award within 30 days. He praised staff in
the departments of Information Technology Services, Finance, and Personnel, for completing this task in
a quick and efficient manner in order to allow for payments to be made which represent a dispersement in
the amount of $407,000.
Addition of Resolution(s) to the Agenda
There were no resolutions added to the agenda.
Withdrawal of Resolution(s) from the Agenda
Chair Joseph gave the appropriate committee chair permission to withdraw the resolution from
the agenda entitled Urging the Federal Government to Commence a Human, Orderly, and Comprehensive
Withdrawal of the United States Military Personnel and Bases from Iraq.
Approval of Resolution(s) Under the Consent Agenda
It was MOVED by Mr. Proto, seconded by Ms. Mackesey, and unanimously adopted by voice
vote, to approve the following resolution(s) under the Consent Agenda:
RESOLUTION NO. 174 - IN SUPPORT OF THE COUNCIL OF GOVERNMENTS' GRANT
APPLICATION FOR NEW YORK STATE SHARED MUNICIPAL
SERVICES PROGRAM — LOCAL HEALTH INSURANCE
INCENTIVE AWARD
MOVED by Mr. Proto, seconded by Ms. Mackesey, and unanimously adopted by voice vote
under the Consent Agenda.
and
WHEREAS, the County of Tompkins has joined the Tompkins County Council of Governments,
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October 17, 2006
WHEREAS, the Council of Governments has resolved to apply for an incentive award under the
New York State Shared Municipal Services Program, and
WHEREAS, the grant will assist the municipalities in Tompkins County to create a local health
consortium, and
WHEREAS, the health care consortium will seek to develop health care coverage for all
municipalities with the intent to provide a net savings to the taxpayers of Tompkins County, now
therefore be it
RESOLVED, on recommendation of the Government Operations Committee, That the County of
Tompkins shall be designated as the Lead Applicant and that the County Administrator is Authorized to
act as the contact person for this grant,
RESOLVED, further, That the County Administrator or his designee is hereby authorized to act
on behalf of the County to all matters related to this grant.
SEQR ACTION: TYPE II -20
RESOLUTION NO. 175 - APPOINTMENT OF ELECTION COMMISSIONER FOR 2007 - 2008
MOVED by Mr. Proto, seconded by Ms. Mackesey, and unanimously adopted by voice vote
under the Consent Agenda.
WHEREAS, Election Commissioner Stephen DeWitt's term is due to expire December 31, 2006,
WHEREAS, the Tompkins County Democratic Committee, at its September 20, 2006, meeting
recommended Stephen M. DeWitt for reappointment to a two-year term, now therefore be it
RESOLVED, on recommendation of the Tompkins County Democratic Committee and the
Government Operations Committee, That Stephen M. DeWitt be and hereby is appointed Democratic
Party Elections Commissioner for the two-year term commencing January 1, 2007, and ending December
31, 2008.
SEQR ACTION: TYPE 1I-20
and
RESOLUTION NO. 176 - BUDGET ADJUSTMENTS — VARIOUS DEPARTMENTS
MOVED by Mr. Proto, seconded by Ms. Mackesey, and unanimously adopted by voice vote
under the Consent Agenda.
RESOLVED, on recommendation of the Health and Human Services, and Public Safety
Committees, That the Director of Finance be directed to make the following budget adjustments on his
books:
Health Department — Planning and Coordination
Revenue Acct Title Amt Approp Acct Title(s)
4010.44959 Federal Aid $15,854 4010.54442 Professional Services
Explanation: Extension of Innovative Dental program contracted 7/1/06 — 3/31/07 (contract with
Department of Social Services).
Health Department — Community Health Services
Revenue Acct Title Amt Approp Acct Title(s)
4016.43489 Other Health Income $5,000 4016.54442 Professional Service
Explanation: Extension of Diabetes Grant. Fees
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October 17, 2006
Sheriff
Revenue Acct Title Amt Approp Acct Title(s)
3113.42770 Other Miscellaneous $9,085 31 13.52231 Vehicles
Revenues
Explanation: Payment for damage to patrol car; budget adjusted to allow for repair expense from the
proper account.
Office for the Aging
Revenue Acct Title Amt Approp Acct Title(s)
6780.43803 State Revenue $56,477 6780.54491 Subcontractor
Explanation: Increase revenue in the EISEP program for subcontract.
6793.44772 Federal Revenue $7,000 6793.54491
Explanation: Increase revenue in the HIICAP program for subcontract.
SEQR ACTION: TYPE 11-20
Subcontractor
RESOLUTION NO. 177 — AUTHORIZATION TO EXECUTE A FIVE-YEAR AGREEMENT
WITH THE NEW YORK STATE DIVISION OF PROBATION AND
CORRECTIONAL ALTERNATIVES (CJATI)
MOVED by Mr. Proto, seconded by Ms. Mackesey, and unanimously adopted by voice vote
under the Consent Agenda.
WHEREAS, New York State has enacted laws to promote more efficient jail population and
prison population management and the development. of Alternative to Incarceration (ATI) projects, and
has appropriated funds for the establishment and operation of said ATI projects pursuant to Chapter 50 of
the Laws of 2006, and
WHEREAS, the Criminal Justice Advisory/Alternatives to Incarceration Board of Tompkins
County, pursuant to New York State Executive Law, has for many years participated in this contract
through its annual Service Plan, and
WHEREAS, the New York State Division of Probation and Correctional Alternatives, in
conjunction with the Office of the State Comptroller, has developed a contract reflecting a five-year term
rather than an annual contract, reflecting the annual sum of $26,800, a total of $134,000, requiring no
matching local share, now therefore be it
RESOLVED, on recommendation of the Public Safety Committee, That the County
Administrator or his designee is authorized to sign a five-year contract on behalf of the County's Criminal
Justice Advisory/Alternatives to Incarceration Board with the New York State Division of Probation and
Correctional Alternatives for the period of January 1, 2006, through December 31, 2010, for use in
establishing or continuing appropriate ATI programs and projects.
SEQR ACTION: TYPE 11-20
RESOLUTION NO. 178 — BUDGET TRANSFER — PERSONNEL
MOVED by Mr. Proto, seconded by Ms. Mackesey, and unanimously adopted by voice vote
under the Consent Agenda.
WHEREAS, the United States Post Office's Plan for Secure Postage Meter Technology requires
that Tompkins County replace our existing mail meter machine prior to December 31, 2006, and
WHEREAS, the Personnel Department, by streamlining and creating efficiencies within the
department has the money for this equipment purchase in a personnel line, and
WHEREAS, transfers from personnel lines require Legislative approval, now therefore be it
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October 17, 2006
RESOLVED, on recommendation of the Personnel Committee, That the Director of Finance be
directed to make the following budget transfer on his books:
Personnel Department
Revenue Acct Title Amt Approp Acct Title(s)
1346.51000615 Salary $16,552 1346.52220 Departmental Equipment
SEQR ACTION: TYPE 11-20
Approval of Appointment(s) Under the Consent Agenda
It was MOVED by Mr. Proto, seconded by Ms. Mackesey, and unanimously adopted by voice
vote, to approve the following appointment(s) under the Consent Agenda:
Substance Abuse Subcommittee
John Bezirganian — Mental Health Board representative; term expires December 31, 2007
Mental Retardation/Developmental Disabilities Subcommittee
Auguste L. Duplan — Mental Health Board representative; term expires December 31, 2007
Criminal Justice Advisory/Alternatives to Incarceration Board
Patricia Carey — DSS representative; term expires December 31, 2007
Report from the Government Operations Committee
Ms. Herrera, Chair, reported the Committee met prior to this meeting. Of the three items
considered, two were approved under the Consent Agenda and the other failed by a 3-2 vote and will be
taken up for discussion later in the meeting as an individual member -filed resolution. The next meeting
will be October 18th.
Distinguished Youth Award
Mr. Joseph presented the October, 2006 Distinguished Youth Award to Daniel Swann who
recently turned 12 years old. Daniel has been volunteering at "The Old Hundred," a beautiful, assisted -
living facility in the Town of Ithaca. Every Sunday during the summer Daniel spent an hour reading to
and chatting with the residents there, six women in their ninth decade. Last year he also performed
community service during which he chose to rake and mow the lawn of an elderly neighbor.
Report from the Planning, Development, and Environmental Quality Committee
Ms. Robertson, Chair, reported the Committee will meet October 19`x' and will receive an update
on the Park and Ride program, eminent domain, and the Lansing Sewer District.
Report and Presentation of Resolution(s) from the Budget and Capital Committee
Mr. Koplinka-Loehr, Chair, had no report.
RESOLUTION NO. 179 - ADOPTION OF AMENDMENTS TO THE 2007 TENTATIVE
TOMPKINS COUNTY BUDGET AND 2007-2011 CAPITAL
PROGRAM
MOVED by Mr. Koplinka-Loehr, seconded by Mr. Dennis. Mr. Proto requested an explanation
of how the budget process will proceed from this point forward.
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October 17, 2006
Mr. Joseph explained the Tentative Budget has legal standing. If this Legislature is unable to
pass a budget then the Tentative Budget will become the budget for the following year. He stated when
the County Administrator gives the Legislature a budget that is the Tentative Budget. What the
Legislature is now doing is considering a motion to amend that Tentative Budget in all of the ways that
were discussed and approved by a vote in the Expanded Budget Committee. Mr. Joseph said if this
resolution passes this will become the new Tentative Budget and will also be the default budget if a new
budget is not adopted by this Legislature. In order to amend the Tentative Budget you must have a
resolution that appears on the agenda in advance or is added by the Legislature by ten affirmative votes at
the meeting. At the meeting where the budget is offered, Legislators may make motions to amend the
budget; however, if the final budget is not approved, the Tentative Budget as amended will go into effect.
Mr. Booth said he will oppose this resolution for several reasons. First, in his opinion the tax
rate as it presently stands is too high in the proposed budget. He said that the tax rate increase must be
understood in conjunction with the major increases in assessments that have occurred in recent years and
said he believes any tax rate increase should be substantially below the rate of inflation or the consumer
price index. He also expressed concern about cumulative tax increases City residents will pay for the
combination of City, School, and County taxes.
Second, Mr. Booth believes the County's labor contracts over the past couple of years are much
too generous for what the county can fiscally support at this time.
Third, he said that the tentative budget presented by Mr. Whicher, County Administrator,
required this Legislature to deal with five major challenges (the first four of which involved proposed use
of one-time money to cover ongoing County costs that in his opinion should be covered by ongoing tax
revenues): (a) money being spent next year for the County communications project in anticipation of
eventual contributions to the county from the statewide wireless network; (b)money being spent next
year for jail boardout expenses; (c) money being spent next year for major facility repairs; (d) money
being spent next year to restore the County highway system, a commitment the legislature made two
years ago; and (e) the amount of surplus funds left in the County budget above the target fund balance.
Mr. Booth does not think enough was done in any of these areas, particularly with respect to repair of
County facilities, rebuilding of County roads; and the amount of surplus funds above the target fund
balance.
He said it is apparent to him that at this time this Legislature cannot reduce existing spending and
is not willing to look realistically at long-term costs that need to be covered with long-term funding.
Mr. Koplinka-Loehr spoke of the process and the lack of tools to do a program evaluation. He
said he hopes that every legislator will dedicate themselves to a more comprehensive process.
Ms. Robertson said there are many different ways to reach a conclusion on the budget. The
tension between ongoing services and taxes resulted in immensely difficult choices where agreement
could not be reached on priorities. She thought the process was good in balancing different needs,
particularly at a time when the County is facing cuts from the federal government. She feels the
Tentative Budget is responsible and reasonable.
Mr. Proto said he would like to obtain further input from the public. He agrees with many of the
concerns expressed by Mr. Booth, as well as many of the comments made by Ms. Robertson.
Ms. Kiefer said she shares many of the concerns raised by Mr. Booth; however she feels this
Tentative Budget represents a good balance and a budget to take to the taxpayers for public comment.
Ms. Herrera said she is one of the Legislators who called for a zero percent increase. The
process provided a great amount of education on several programs for which she is grateful. She spoke of
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October 17. 2006
the Tentative Budget and said although she would have liked to have it be zero, she recognized the
difficult choices that needed to be made. She still is not pleased with where the tax rate increase presently
stands, but said she holds out hope that it can be reduced further this year before final adoption as well as
in years to come.
A voice vote resulted as follows: Ayes — 10, Noes — 5 (Legislators Booth, Hattery, Randall,
Sigler, and Stevenson). RESOLUTION ADOPTED.
WHEREAS, amendments to the 2007 tentative budget and 2007-2011 capital program, were
recommended and filed by the Expanded Budget and Capital Committee on October 16, 2006, and
WHEREAS, a public hearing is tentatively scheduled for November 14, 2006, 7:00 p.m., at the
Legislative Chambers, now therefore be it
RESOLVED, on recommendation of the Expanded Budget and Capital Committee, That the 2007
Tentative Budget and 2007-2011 Capital Program submitted by the County Administrator is hereby
amended in accordance with the recommendations of the Expanded Budget Committee, the action taken
by this Legislature on this date, and the Rules of the County Legislature and Article 7 of County Law for
a total tax levy amount of $34,787,446, resulting in an approximate tax rate increase of 2.6 percent.
SEQR ACTION: TYPE II -21
Report and Presentation of Resolution(s) from the Public Safety Committee
Mrs. McBean-Clairborne, Chair, said the Committee met on October 5 and approved a resolution
appropriating funds to Offender Aid and Restoration which appears on the agenda this evening. Nancy
Rosen, Interim Director, was present at the meeting and provided the Committee with an overview of the
Bail Fund. The Committee also heard a follow-up report to the Criminal Justice Advisory/Alternatives to
Incarceration presentation. Paula Younger, Deputy County Administrator, reported workgroups will be
meeting to discuss specific areas. The Committee also received updates on the communications project
and emergency medical dispatch from Lee Shurtleff, Director of Emergency Response. Ms. Robertson,
Liaison to the Family Court Advisory Council, reported to the Committee on the opening of the out-of-
school suspension project at the Community School. This program is for students who have been
sentenced to a full-day of out-of-school suspension.
RESOLUTION NO. 180 — APPROPRIATION FROM CONTINGENT FUND — BAIL FUND
PROGRAM — OFFENDER AID AND RESTORATION
MOVED by Mrs. McBean-Clairborne, seconded by Mr. Koplinka-Loehr.
Mr. Hattery said he will oppose this resolution because the program was initially started by
community contributions and has moved toward being supported by public tax dollars, which he cannot
support.
Ms. Robertson said she supports this resolution and thinks this is a wise use of taxpayer money as
the majority of bails are returned and there is interest charged to bails. She stated the Bail Fund also
reduces the cost to the taxpayer for boarding prisoners to other jails.
Mr. Proto suggested the Judges may be setting bails at a higher rate than OAR can absorb. He
said the information provided by Ms. Rosen was very helpful; however, a plea needs to be made to the
Judges to reduce the level of bails being set.
Mrs. McBean-Clairborne said the Judges are not setting bails outside of the levels established by
law. Those individuals who are in jail have not been convicted of a crime and in many cases are staying
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October 17, 2006
in jail because they cannot afford to pay the bail. She feels adopting this resolution is a wise and
responsible action for the County to take.
A roll call vote resulted as follows: Ayes — 10 (Legislators Booth, Dennis, Herrera, Joseph,
Kiefer, Koplinka-Loehr, Mackesey, McBean-Clairborne, Robertson, and Shinagawa); Noes — 5
(Legislators Hattery, Proto, Randall, Sigler, and Stevenson). RESOLUTION ADOPTED.
WHEREAS, Offender Aid and Restoration (OAR), through its Bail Fund program, makes bail
accessible for low-income individuals when available funds are the only barrier to release from the
Tompkins County Jail pending trial, and
WHEREAS, bail amounts set by judges have risen significantly over the years such that OAR is
able to help fewer people with the same amount of funding, and
WHEREAS, at the beginning of 2006, OAR lowered the maximum amount for which they would
consider securing bail in amounts from $2,500 to $1,500 or less, simply because there was not enough
money to go around and the agency decided to allocate smaller amounts to more people rather than larger
amounts to fewer people, and
WHEREAS, in the first eight months of 2006 there were ten inmates who met the agency criteria
for bail, with a mix of $500 to $1,500 bails (average about $1,000), but these inmates remained
incarcerated because the bail fund was depleted and OAR did not have the money to lend them, and
WHEREAS, an additional $10,000 in the bail fund would result in the following:
• Fewer jail days for the County to pay (Note: the Tompkins County Public Safety Facility
costs about $100 per day, and a board -out at a neighboring jail costs about $105 per day;
this would quickly add up to more than $10,000 saved);
• Fewer people losing their jobs and health insurance due to absence from work and then
needing to go on public assistance following jail time;
• Greater equity between people with the means of paying bail and those who do not have
sufficient income to post bail;
• Reduced family trauma from having a family member jailed. Many of the people who are
arrested and assigned bail have their cases dismissed; others are sentenced to non jail
alternatives. Having to wait for their court date in jail, rather than at home while
maintaining their family life, harms their children and other relationships. Family trauma
also results in clients losing their homes, requiring the County to pay for lodging at the
shelter or other housing alternatives, and
WHEREAS, OAR achieves a ninety percent return rate on its bails posted, with only very few
forfeitures in the last six years, so that the $10,000 would be replenished and reallocated, now therefore
be it
RESOLVED, on recommendation of the Public Safety and the Budget and Capital Committees,
That the Director of Finance be authorized to make the following budget appropriation:
FROM: A1990.54400 Contingent Fund $10,000
TO: A6316.54400 Program Expense $10,000
SEQR ACTION: TYPE I1-20
Report from the Workforce Diversity and Inclusion Committee
Mrs. McBean-Clairborne, Chair, reported the Committee will meet on October 25th at 3:30 p.m.
at the Beverly Livesay Conference room where discussion will continue on bylaws and membership.
Report and Presentation of Resolution(s) from the Health and Human Services Committee
Mr. Proto, Chair, reported the Committee met on October 4 and had a report from the Office for
the Aging on the point of entry situation. Ms. Holmes was impressed with other County departments that
were assisting with this. The Committee also received an update from Nancy Zahler, Director of Youth
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October 17, 2006
Services, on the Job Link and the Youth Violence Prevention Task Force. The Committee also received
a report from the Human Services Coalition on the status of the TompkinsRx program.
Ms. Robertson reported on the TompkinsRx program and said the program which has been in
effect for over a year and a half has saved Tompkins County taxpayers over $350,000. There have been
1,500 prescriptions filled monthly on average with a 24% savings. She reminded the public that there are
no County taxpayer funds involved in this and it results in very little work. She also spoke of the Urgent
RX program that received a contribution of $25,000 from the United Way. This program helps to pay for
urgent needs when someone goes to the emergency room at facilities such as Cayuga Medical Center or
the Convenient Care Center, and needs costly post -emergency room prescriptions.
Mr. Proto concluded the Committee will meet next on November r`. At that meeting there will
be discussion on the Committee's work plan.
RESOLUTION NO. 181 — APPROPRIATION FROM CONTINGENT FUND — TERMINAL
REPLACEMENT PAY — HEALTH DEPARTMENT
MOVED by Mr. Proto, seconded by Ms. Robertson. A short roll call vote resulted as follows:
Ayes — 15, Noes — 0. RESOLUTION ADOPTED.
WHEREAS, the Health Department had a Senior Public Health Engineer retire effective
September 8, 2006, and
WHEREAS, the Fiscal Policy of Tompkins County allows for terminal pay replacement from the
Contingent Fund, and
WHEREAS, a portion of the terminal pay has been authorized and paid, now therefore be it
RESOLVED, on recommendation of the Health and Human Services and the Budget and Capital
Committees, That the Director of Finance is hereby authorized and directed to make the following budget
appropriations:
FROM: A1990.54440 Contingent Fund $11,241
TO: A4090.51000240 Senior Public Health Engineer $ 8,087
A4090.58800 Fringes $ 3,154
SEQR ACTION: TYPE 11-20
Report from the Facilities and Infrastructure Committee
Mr. Randall, Chair, reported the next meeting will be October 24`h1
Report from the Personnel Committee
Mr. Dennis, Chair, reported the next meeting will be November 8th. He announced three sexual
harassment workshops have been scheduled by the Personnel Department at the Beverly Livesay
Conference Room. He also said a Request for Qualifications is in process for establishing a contract with
a negotiator for the next round of road patrol negotiations.
Individual Member -Filed Resolution
RESOLUTION NO. 182 — URGING THE FEDERAL GOVERNMENT TO COMMENCE A
HUMANE, ORDERLY, AND COMPREHENSIVE WITHDRAWAL
OF UNITED STATES MILITARY PERSONNEL AND BASES
FROM IRAQ
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October 17, 2006
MOVED by Ms. Kiefer, seconded by Ms. Robertson. Ms. Kiefer explained the changes in the
resolution to reflect updated death, injury cost figures, and to indicate the Legislature is speaking for
itself and not necessarily all of the residents in Tompkins County.
It was MOVED by Mr. Hattery, seconded by Mr. Randall, to Table this resolution. A voice vote
resulted as follows: Ayes — 7 (Legislators Booth, Dennis, Hattery, Proto, Randall, Sigler, and Stevenson);
Noes — 8 (Legislators Herrera, Joseph, Kiefer, Koplinka-Loehr, Mackesey, McBean-Clairborne,
Robertson, and Shinagawa). MOTION FAILED.
Ms. Herrera said this resolution did not make it out of the committee process when initially taken
up but that time has allowed people to hear about it and weigh in on it with their Legislators. Ms. Herrera
believes there is a local reflection of these national events and said it is a local issue with appropriate
timing. She also appreciates the update and changes Ms. Kiefer has inserted.
Ms. Robertson called attention to a website containing the Iraq Body Count Database and stated
the comparison to the United States is the equivalent of losing 535,000 Americans as the United States
has a population of 300 million compared to Iraq's population of 26 million.
Mr. Dennis said when 911 occurred his sons lost very close friends in that event. He was
personally impacted and felt that although something should be done, he did not expect this war to take
place. He said it seems lawmakers on both sides of the political aisle believe there needs to be an exit
policy for this war and he will support this as it may go a small way towards ending a terrible situation
that is taking place in another part of the world.
Mr. Stevenson said he will not support this resolution. At the beginning of the budget process
this Legislature endeavored to produce a budget with a zero percent tax increase. In his opinion, the
Tentative Budget is bigger than it ought to be. One thing that frustrates him is that this legislative body
spends time debating issues that are not the County's or are not appropriate to debate. He doesn't doubt
the County could use federal tax dollars; however, he thinks this resolution sends the wrong message as it
shows the County is spending time debating this when the County's budget and relevant county business
needs to be discussed.
Mr. Randall said he did not support this resolution in Committee. He agreed with the comments
made by Mr. Stevenson that this is not the appropriate place to discuss this, and said he will be
representing all of his constituents when he makes his choice clear as he votes.
Ms. Kiefer said everyone is feeling the effects of the use of taxpayer dollars outside the United
States these days and thinks it is legitimate to bring this before this legislative body. She would be glad to
have members just vote rather than discuss.
Mr. Proto said there were several votes and issues about the public not being involved and
informed with regard to the Town of Danby resolution. He said it took a long time to rework the
resolution and the final resolution passed by a vote of 3-2. Mr. Proto said he empathizes with veterans
and recalled the events of 911 during which he lost friends and relatives as well. Mr. Proto, a member of
the local Veteran's Chapter, said others who are truly supportive of our men and women in the United
States Armed Forces, are extended an invitation to come to any of the veterans events that take place.
Mr. Sigler does not believe this is a local issue and instead is a matter of opinion whether the
United States should be at war in Iraq. He spoke to the comments regarding lost funding to localities and
said that impact is not being felt yet and it is being applied to the deficit, an impact that will be felt later
by our children and grandchildren. He spoke of the handout from Ms. Robertson showing death counts
and stated the counts include civilian deaths caused by insurgent and terrorist attacks as well. Mr. Sigler
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October 17, 2006
said the majority of national democrats agree there should be a change in course but immediate
withdrawal is not the right action.
Ms. Herrera said one of the reasons this is being brought up is about the federal government
telling the County to support programs that were initially started with federal funds and no longer
providing support for them.
Mrs. McBean-Clairborne, stated she represents individuals who have gone to jail over opposing
this war and also knows people who are dying as a result of this war. She strongly feels the war needs to
end.
Mr. Booth said that any individuals who wish to comment on the war in Iraq should do so. He
noted that his constituents did not elect him to serve on this Legislature for the purpose of taking positions
on foreign policy decisions by the United States government or on the movement of American armed
forces. He stated that he does not believe the County Legislature has any "jurisdiction" flowing from its
legal responsibilities that justify its commenting on choices made by the federal government regarding
Iraq. He stated further that the County Legislature lacked any institutional competence to comment on
these matters.
Regarding the substance of the resolution, he noted that wars are terrible, that they are generally
not popular and should not be, and that they usually involve great human sacrifice and immense loss.
He noted further that the language regarding deaths in Iraq suggested that American forces are
responsible for all of those deaths, whereas in fact many of those deaths are being caused by people who
are intentionally attempting to shock the world by slaughtering innocent men, women, and children. In
addition, he stated that this resolution does not present a plan for strategic withdrawal from Iraq but only
calls for the United States to withdraw immediately; he said this position could not gain support from any
major candidate for President and could not be adopted by either house of Congress, whether controlled
by Republicans or Democrats. In his opinion, immediate withdrawal by American forces from Iraq
would lead to disastrous consequences for Iraq, America, Israel, and the entire world.
A voice vote on the resolution resulted as follows: Ayes — 9 (Legislators Dennis, Herrera,
Joseph, Kiefer, Koplinka-Loehr, Mackesey, McBean-Clairborne, Robertson, and Shinagawa); Noes — 6
(Legislators Booth, Hattery, Proto, Randall, Sigler, and Stevenson). RESOLUTION ADOPTED.
WHEREAS, Tompkins County Legislature strongly supports the men and women serving in the
United States Armed Forces in Iraq and recognize the sacrifices that each of them is making, and
WHEREAS, the war and the occupation of Iraq:
1. Have caused the deaths of over 2,700, and serious injury to over 20,000 of our young
soldiers;
2. Have resulted in the deaths of tens of thousands of Iraqi civilians, and the devastation of Iraqi
infrastructure;
3. Have created a training and recruitment ground for terrorists;
4. Have already cost more than three -hundred -seventy billion dollars, of which Tompkins
County's share is over $145 million, money that could be spent at home for education, health
care, and property tax relief,
now therefore be it
RESOLVED, That the Legislature of Tompkins County, urges our Federal government to
commence a humane, orderly, and comprehensive withdrawal of United States military personnel and
bases from Iraq,
RESOLVED, further, That the Tompkins County Legislature directs the Clerk of the Legislature
to send a copy of this resolution to President George W. Bush, Vice President Dick Cheney, U.S.
Attorney General Alberto Gonzales., Senator Charles Schumer, Senator Hillary Clinton, Congressman
Maurice Hinchey, and Congressman Sherwood Boehlert.
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SEQR ACTION: TYPE I1-20
October 17, 2006
Approval of Minutes of September 19 and October 3, 2006
It was MOVED by Mr. Booth, seconded by Mr. Shinagawa, and unanimously adopted by voice
vote, to approve the minutes of September 19 and October 3, 2006 as corrected. MINUTES
APPROVED.
Adjournment
On motion the meeting adjourned at 7:23 p.m.
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November 8, 2006
Regular Meeting
Public Hearing
Mr. Joseph called a public hearing to order at 5:30 p.m. to discuss submitting a specific
application for open -round economic development funds under the Small Cities Community
Development Block Grant Program in 2006.
Chair Joseph asked if anyone wished to speak. Heather Filiberto of the Planning Department
provided the following information:
``Tompkins County is preparing to submit an application for assistance to the New York State
Governor's Office for the 2006 Small Cities Community Development Block Grant open round
Economic Development Program funding.
Funding Requested
"A grant request of $516,000 is proposed to provide a $500,000 economic development loan to
RPM Ecosystems. $16,000 will be retained by Tompkins County to cover administration and program
delivery costs.
"RPM Ecosystems will receive a $500,000 loan at an interest rate of 4% for a term of five years.
Funds shall be used for product development and working capital associated with the start up and
expansion of the business. New business development and the associated creation of jobs supports the
economic development needs of Tompkins County as identified in the County's Comprehensive Plan and
the 2006 Economic Development Strategy.
Proposed Activity
"The RPM Ecosystems Growing Operation Project will establish a plant nursery on
approximately 159 acres of land located at approximately 2150 State Route 13 in the Town of Dryden on
existing, vacant farmland. The project will occupy approximately half of the site. Development will
include a four -acre pond for irrigation, installation of 40 greenhouses, an education/outreach center, and
associated accessory buildings to support the business. Total project costs are documented at $8,000,000.
The project will leverage over $7,000,000 in private funds
National Objective
"The RPM Ecosystems project meets the national objective of the CDBG program of expanding
economic opportunities for persons of low and moderate incomes. Within three years, RPM Ecosystems
will create 56 full-time permanent jobs, 44 (or 79%) of which will be made available to persons of low -
and moderate -income.
"A copy of the application is available for review at the Tompkins County Planning Department,
121 E. Court Street, Ithaca, NY."
Ms. Robertson asked what "RPM" stands for and was informed RPM® Ecosystems' products are
grown by a patent -pending Root Production Method (RPM®). The RPM® process is uniquely based on a
multi -step system that includes air pruning of the root system and trademarked soil preparation and
husbandry techniques. The resulting denser, more fibrous root mass enables the tree to absorb and utilize
more oxygen and nutrients, greatly enhancing the trees' growth rate and survival rate.
Mr. Sigler inquired where the trees would be sold as he has concerns about competition with
other local businesses. Ms. Filiberto stated the trees will be used primarily for restoration projects
undertaken by the US Army Corps of Engineers, various Soil and Water Conservation Districts, and
others in the northeast region of the country, primarily outside of Tompkins County.
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November 8, 2006
Ms. Robertson said the company received an abatement from the Industrial Development Agency
and that during the application process it was noted the sales would not be retail sales. Ms. Herrera stated
she had heard other financial assistance was not received and inquired what it was. Ms. Filiberto said she
believed it was a request to New York State Empire State Development for an equipment grant; the
inability to receive the grant should not affect the overall project. In addition, Ms. Filiberto said she
believes the company has also applied for a $250,000 grant from NYSERDA for their greenhouses, which
is pending. The company has received their bank funding and have invested $2.5 million in equity into
the project thus far.
No one else wished to speak and the public hearing was closed at 5:36 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.
Resolution to Honor George M. Dentes
At this time Chair Joseph asked Mr. Proto to bring forward a resolution honoring former District
Attorney, George M. Dentes, who passed away on October 31st
It was MOVED by Mr. Proto, seconded by Mr. Booth, and unanimously adopted by voice vote,
to add the resolution entitled Honoring Former District Attorney George M. Dentes to the agenda.
MOTION APPROVED.
RESOLUTION NO. 183 — HONORING FORMER DISTRICT ATTORNEY GEORGE M.
DENTES
It was MOVED by Mr. Proto, and unanimously seconded, and adopted by voice vote.
Mr. Joseph stated that while he and Mr. Dentes had political and policy differences, it never
prevented them from treating each other with respect and cordiality on a daily basis. He said there was no
question about Mr. Dentes professional competence and commitment of service to the people of
Tompkins County; his passing is a loss to all.
Mr. Proto expressed the gratitude of himself and Mr. Dentes family for those able to attend the
visiting hours and services. He stated the calling hours began at 2:30 p.m. and ended at 9:45 p.m., with
an estimate of between 700 to 1,000 individuals paying their respect. Mr. Proto said the services itself
was also highly -attended and the family appreciated all that was done for them.
Mrs. McBean-Clairborne spoke of her working with Mr. Dentes as a part of the Public Safety
Committee, noting he brought a sense of humor, commitment, and intelligence about his job that she
deeply admired. She said he was extremely knowledgeable and shared his opinions as well as
information on the law. Mrs. McBean-Clairborne said and others received an education from Mr. Dentes
that will be sorely missed. In addition, she said when information from the District Attorney was needed
he found time for not only members of the Committee but others as well; and although he did not always
agree he was willing to listen and share his thoughts and ideas. Mrs. McBean-Clairborne said his work
was appreciated and his passing is a loss to the community, particularly at such an early age.
Mr. Hattery said that while he did not know him well, Mr. Dentes was an inspiration to public
service and he appreciated all he did.
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November 8, 2006
Mr. Booth said he has three enduring images of Mr. Dentes: (1) at Tompkins County budget
presentations he was direct and forthright, although he may be told no he said it the way he saw it; (2) as a
former neighbor he has the image of Mr. Dentes walking up the street at the end of the day, his coat on his
shoulder and a smile on his face; and (3) during the first half of the Cornell University/Navy spring game
he met and spoke with Mr. Dentes, met one of his brothers, and saw that Mr. Dentes appeared happy and
healthy and spoke excitedly of his new job in Albany. Mr. Booth said it is a great tragedy that someone
died so young.
Mr. Randall said he did not know Mr. Dentes well; his first interaction was following the primary
election prior to sitting on the Legislature. Mr. Randall said he received a call from Mr. Dentes who
made a wonderful first impression; he was engaged, sincere, and supportive.
Mr. Sigler said very few things shock him, however, upon hearing the news of Mr. Dentes
passing he was in disbelief. Mr. Sigler said very few people inspire others like Mr. Dentes did and that
the short time he was alive left the County and the world a better place to live in. Mr. Sigler expressed his
condolences to Mr. Dentes family.
WHEREAS, George M. Dentes distinguished himself serving as Tompkins County's District
Attorney from 1989 through 2005 for four terms, spanning sixteen years, and
WHEREAS, George M. Dentes served in that capacity with dignity, honesty, integrity, verve,
steadfastness, humor, defiance, brilliance, thoroughness, intelligence, intensity, innovativeness, kindness,
and charm, and
WHEREAS, George M. Dentes was well respected by supporters and opponents alike, earning
the same from policing agencies and colleagues not only locally, but from throughout New York State,
and
WHEREAS, while his humility and shyness became apparent to those who worked closely with
him, and to those who became his friends, he mentored many in our community, selflessly giving of his
time to youth programs, teaching, and to those in need of help, and
WHEREAS, this Legislature thus shares with his family and the larger Tompkins County
community, the sadness of this extreme loss due to his untimely passing, now therefore be it
RESOLVED, That the members of the Tompkins County Legislature and all County staff join to
express their sincerest sympathy to the family of George M. Dentes recognizing their personal loss,
acknowledging that this sentiment is shared throughout Tompkins County, and honoring the memory of a
true public servant.
SEQR ACTION: TYPE II -20
Privilege of the Floor by the Public
Michelle Berry, City of Ithaca resident and Alderperson on Ithaca's Common Council, said "she
will again be coming by to say farewell as Poet Laureate at the end of the year, which will be a happier
time than what she is corning before the Legislature for this evening. She came here tonight in support of
Legislators Kathy Luz Herrera and Leslyn McBean-Clairborne, who she understands are making
statements this evening. Ms. Berry made the following statement:
am deeply troubled and saddened about the recent controversy, and I think, fiasco, that went out
around Assemblywoman Lifton's letter. I want to first make an appeal to say that I know there are many
other people of various other skin colors and classes and education levels who might agree with what I
say, but I want to be very clear that I am just speaking for myself tonight.
"Many of you know that I am an African-American person; I am also Irish and Cherokee. My
grandfather was, probably by legend, and 1 think truthfully, killed by the Ku Klux Klan. Every single
woman in my family, including myself has been raped. I bear out the history of oppression and the
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November 8, 2006
history of survival. I come to you as an elected official tonight to talk about what I think is possible in
our enlightened City and what I think was improbable to believe, but which actually did happen recently.
1 was in Tampa, and I read about all of this on-line and was shocked.
want to say I want the Democratic party leadership to see me as an individual and not all of us
as identical. When I was first elected three years ago I went to Irene Stein in tears because I couldn't
believe that people not only thought I was Leslyn McBean-Clairborne, but they thought 1 was Shawn
Martel -Moore, and they thought I was Officer Christine Barksdale, and I hear that some other thirteen
African-American women have been called my name. My heart was heavy because I did not ever want
those other African-American women to resent me because obviously I had been given their identity;
more likely than not they are called Michelle Berry more than I am called their names. I don't know what
kind of tension that spurs between us. I talked to her [Ms. Stein] and she said, "But you and Leslyn do
look alike." 1 want to say that was so disheartening, from the very top of our leadership; but I have never
spoken publicly about this. The reason why I am doing this is that if I continue to silent about how
oppressive I have felt the top party leadership has been and are being, maybe nothing will change.
"When we talked about diversifying the party and bringing people of color to the table, when
people of color brought that issue up, the onus was on us to make it better. When we go to Democratic
party meetings there are less than ten of us of color. When Lieutenant Governor -Elect David Patterson
came to town we received a message from Irene Stein for all the people of color who were elected to try
to make it to that barbecue. This was the worst form of tokenism because some of us certainly had other
plan and wished there could be more people of color who could actually be there. 1 met David Patterson
when he was in town and he said although I am legally blind I can see you weren't at that barbecue, and
we embraced and I said, "There has to be more than just us ten, the Party leadership simply has to do a
better job of letting other people of color who are powerful in this community, know when the full body
of the party meets.
"The struggle for there just being the few of us, and that we have been pioneers our whole lives,
is awful and terrible at times and when I ask white allies to support us, it is not without some degree of
fear that I come to you and ask for that support. I want you to know that I am terrified to put my half -
white child in our school district, although she has skin -color privilege now, she may not continue to have
that into our school system. I want you to know that I am terrified about the violence in our streets. I am
quite concerned and I fear that if it were white people being shot in our streets in drive-by shootings we
would see it as a pandemic, and yet I feel like the drive-by shootings in our streets are being labeled,
somehow privately, as the "Black Problem" for we are stereotyped as violent people. I think that that is
terribly problematic.
I want to say for Peter Meskill, Irene Stein, and Barbara Lifton, you don't know me, and you
don't know other people of color, and that is sad because I have come to you on numerous occasions to
tell you my story. For any people in our party leadership who signed off on that letter, you don't know
me. That 1 am hired nationally to advise people on media strategy and to advise others on diversity, yet
was not called about that letter, you don't know me. That is sad to me. I ask our leadership to look at the
fact that it has been so controversial to try to suppress black vote in any way, think about Florida. How
many people go into a polling booth and actually vote because someone is a Democrat, someone is a
woman, someone is Republican; lots of people. But if you study the history of African-Americans—
African-Americans tend to be more conservative, they are less likely to vote for someone who is black,
just because they are black; in fact they may be harder on an African-American candidate.
"If Barbara Lifton had written, "1 am supporting Peter Meskill because I am a Democrat, he's a
Democrat and he's the best candidate," I'd have no problem with the letter. The letter not being vetted
before many of us of color (particularly black men in the party, as the letter was about not voting for a
black man—Tim Little) and then trotting out the accomplishments of Carl McCall, who we all know was
the best candidate in the Governor's race, yet somehow putting him in the letter and stating she was
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November 8, 2006
"proud" to introduce him to her son, utilized the shopworn some of our best friends are black," tactic and
was entirely ignorant and offensive.
"Who would have ever thought Barbara Lifton racist for writing a letter of support for Peter
Meskill? But to trot out Carl McCall and the recent donation from her office to the Greater Ithaca
Activities Center (G.I.A.C.) puts in serious question her alleged understanding of racial dynamics, racial
oppression, and the polemic of race -baiting.
"We didn't need that in the letter. I can only speak for myself but I would love to see the passion
in this community that happened for the Dog Park happen for people to really hear people of color. Black
people are not a monolith, we are not all the same, we are not all identical, we are each an individual. I
am crying out to be noticed and truly heard.
"Just because I may not have the political clout to stop or change elections doesn't mean I don't
matter. I feel the Democrats need to hear this. I've worked with Republicans before, I've worked with
Democrats, I've worked with Independents; the only way we are going to have true vision and make the
dream come true that Dr. King felt was important is if we all talk to each other.
"This is specifically about Democrats tonight. The party leadership in this party failed me, a
Democrat. 1 want that heard loud and clear; I will not hide silently any more about the levels of tokenism
that have been put upon me and other people of color in this party. We must be equal players at the table,
we were equally elected with you, and you must consult us before you submit such treacherous,
dehumanizing letters. Thank you."
Privilege of the Floor by Legislators
Ms. Herrera, District No. 3 Legislator, made the following statement:
"Negative campaigning, voter intimidation, race baiting.
"You may think I am talking about Virginia or Tennessee, or some less enlightened state. This
happened here in Tompkins County; by Democrats.
"Democrats in Tompkins County need to know that racism is alive and well here, because we just
used it. And we should be ashamed.
"I'm ashamed. I'm ashamed to be a Democrat in Tompkins County today.
"Ashamed that a member of this body, and Democrats running for re-election used fear, the issue
of race, and their influence as public officials to discourage people from voting for Tim Little. If they had
used the fact that he is not a Democrat, I would not object.
"Some said they just said publicly what others talk about privately; things that make people
uncomfortable.
-I'm saying right now: there are many things that make people uncomfortable that are wrong to
use to win an election, and race is just one of them.
"Democrats used race and fears about race to influence an election, and that is racist behavior.
Right here in Tompkins County; by Democrats who were worried and desperate to win.
``It is wrong. I am a Democrat and it is wrong. And by the way, you don't have to wait to find out
how many people and which people think it's wrong to know that it's wrong.
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November 8, 2006
"The big shots wrote and sent fear -mongering letters with race -baiting. They insulted the voters,
assuming that without instruction, people vote first for race regardless of qualifications. Why assume
that? Is what they do?
``This is not the way that fair people conduct their business. And I am calling out this wrongdoing
right now, because I have some integrity, I am a person of color, and I want no part of it, and I am
insulted by it, and I demand action. More than listening meetings, more than lip service, I want more than
tokenism. I am ashamed.
``Progressives, the Lesbian, Gay, Bisexual, Transgender (LGBT) community, people of color,
environmentalists, and fair-minded people recognize being manipulated and taken for granted. I know
that I speak for scores of people when I say that it will not happen to me again. Not in this community,
not in Tompkins County, not in my party."
Mr. Booth, District No. 3 Legislator, was glad that Ms. Berry came to speak about the matter. He
was simply dumbfounded by the letter that was sent and expressed disappointment it was. Whether it was
necessary or not in a tactical sense in a political race is not a reason to send it. Mr. Booth was
disappointed and dismayed the letter was sent.
Mrs. McBean-Clairborne, District No. 2 Legislator, as Chair of the Public Safety Committee
congratulated Sheriff Meskill for winning his re-election and said he has done a wonderful job with the
Sheriff's Department and Deputies, bringing a lot of skill and control with the things happening within
the department and has brought a lot of professionalism to it. In addition she congratulated Mr. Robison
and Mr. Little for running excellent campaigns and hope that as community members who brought
forward interesting ideas on their platforms that they hold true to campaign commitments and will work
diligently and cooperatively with the Sheriff, Legislators, and community members to bring the ideas
forward and ways they can be implemented to make Tompkins County safer.
Mrs. McBean- Clairborne said she appreciated Ms. Berry coming to the Legislature to speak and
then made the following statement:
`'Today I sit in a place of intense internal conflict over the events of this past week as it relates to
the Tompkins County Sheriff's race. On the one hand I feel regretful that an otherwise high -integrity race
was tarnished by written comments filled with insensitivity and underlining, perhaps, some unconscious
bigotry. I am regretful that these comments came from high and respected leadership in the Democratic
Party, of which I am a member. On the other hand I am grateful that these comments surfaced because
they created an opportunity for the leadership of the party to hear from constituents about their hurt and
feelings of disrespect; for that leadership to revisit the basic principles that define Democrats; for the
leadership to recognize and admit to their need for continued education of issues of racism and
oppression; and to realize that the downtrodden and disenfranchised who we try hard to protect as
Democrats are feeling exposed, disregarded, and in some respects whipped.
"Is diversity important in elections and in hiring and in what we do in the County? You bet it is.
Two years ago some of us, many of us in this room, held up County government so that we could start
dealing very intimately with issues of diversity in this County. I expect it to be an issue in anybody's
campaign and with anybody who is hiring. As someone who Chairs the Workforce Diversity and
Inclusion Committee, diversity is extremely important to me as it is important to the committee members
and to those of you sitting around this table. I expected that to come up during these elections. What I
didn't expect as Mr. Booth pointed out, and was dumbfounded by, was to put out issues that as a
community of color we can see clearly rode the lines of racism, insensitivity, and bigotry. I am
disappointed and I am saddened and I hope that the actions that we take as leaders, I can speak for myself,
will provide an opportunity to sit with our leadership and others in the community to do some more
educating and talking about this. We have been educating for a number of years; we have had similar
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conversations for a number of years. After a while it gets very tiring — it gets tiring. I don't mind
educating, 1 don't mind sharing, but when I am done and you say you got it, and you cry with me, and
you empathize and you say 1 feel your pain and two years later turn around and do the same thing it tells
me you have not learned and there is something embedded that we need to un -bed, we need to dig up and
we need to get rid of.
I look to all of you as colleagues, I look to the leadership of the Democratic party, and I look to
all you across the floor, across the aisle — Democrats, Republicans, Independents, Green Party members,
whoever you are, that all of us will take this as an opportunity to grow, to learn, and to begin to really be
conscious of what we say and do when we represent others and when we set ourselves out there because
we never know who we are stepping on.
I came into this role and into this Legislature, I would say my baptism was by fire, it was not an
easy transition for me but I felt that we made great strides. Then I hear this and see this and in some
respects I don't know how to respond. I will say very clearly that I had an opportunity to suggest to two
folks that this is not the direction in which we want to take any campaign. I did not see this letter before it
went out, I got it in the mail like everybody else. I felt insulted and disrespected as someone who is in a
position of leadership. As a Black woman in a position of leadership in this community, and a Black
woman who heads up this County's work for diversity and inclusion, I felt pretty disrespected that
nobody felt it wise to seek my opinion, to ask me what do I think. Instead 1 get this letter in the mail like
everybody else and then I am asked to help do damage control. That is troubling to me and so I really just
wanted to set it out there and let folks know how I feel.
"I also want to say that it is not just from me. There are other women of color and other people in
this community who are leaders who have similar feelings. I can speak one -hundred percent sure for my
husband, JR Clairborne who is a Common Council member who feels the same. I can speak for Marcia
Fort who is a very well respected Black woman in this community who feels the same way. I can speak of
Shelly Michelle Nunn who probably feels the same way, and any number of women and men of color in
the community, who feel the same way and don't have the calm to deal with it right now. On behalf of all
those folks, myself, and my children who are growing up in this community I do want to share our
disappointment and our hurt at something being turned into what shouldn't have been, an otherwise really
cool, high -integrity race, running on the merits of people's skills and qualifications being turned into a
race about whether you are Black or White or in between. 1 said to Irene Stein, Chair of the Tompkins
County Democratic Party, when I spoke to her that, when Ralph Nader ran on the Green Party we said he
would split the votes, don't vote for him. We did not say don't vote for the White man Ralph Nader,
because we will split the votes. There was no need to qualify the skin color, the ethnicity, or race of Tim
Little in that light as well."
Mr. Shinagawa, District No. 4 Legislator, spoke of the difference between the 1960's civil rights
movement and today, noting it was a more overt form of racism that we now experience. He stated today
it is covert, and sometimes done without realizing it. Mr. Shinagawa said that upon recognition of the
action there is a responsibility to try to confront the oppression and do the best you can to help see what
overt/covert actions are doing.
Ms. Mackesey, District No. 1 Legislator, told Ms. Berry her attendance was important and that
she was thankful she spoke. She said she was out of town when these events occurred and only saw it the
previous evening. Ms. Mackesey felt that the letter represented much of today's culture, and however
difficult it may be it should not be ignored or excused. She is very sad that it happened and said it has to
be faced and dealt with. Ms. Mackesey expressed a belief that it is a human responsibility to do whatever
is possible to stop this type of pain and she is very sorry it happened.
Ms. Kiefer, District No. 10 Legislator, noted it had to be difficult for Ms. Berry to come forward
and she was glad she did. She then said she expressed dis