Tompkins County Legislature
Regular Meeting
February 1, 2005 - 5:30 p.m.
Legislature Chambers
Called to Order
Vice Chair Lane 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.
Roll Call of Members Present
Present: 11 (Legislators Legislator Booth arrived
at 5:41 p.m., Legislator Penniman arrived at 5:53 p.m.)Excused - 4 (Legislators
Joseph, Kiefer, Koplinka-Loehr, and Robertson).
Privilege of the Floor by the Public
Fay Gougakis, City of Ithaca resident, spoke of her continued concern regarding
monitoring of the Lake Source Cooling Project. She reported on her
attendance at the City of Ithaca Governance meeting when Cornell University
was provided an opportunity to speak to the issue. Ms. Gougakis noted
that when asked what Cornell University would do with the approximate $50,000
savings incurred by fewer monitors no response was given. She feels
the Town of Ithaca's recommendations from an independent consultant regarding
the need to determine thermal discharge in order to determine compliance
indicates the need for the monitors not only to remain, but to place additional
monitors within the lake. She asked that the Legislature fully review
all information prior to any decision.
Privilege of the Floor by Legislators
Mr. Proto, District No. 7 Legislator, spoke of the Legislature's
Deputy Clerk, Michelle Pottorff's outside activity as Cheerleading Coach
for Candor High School. He said that Ms. Pottorff's cheerleading squads
won the Cheerleading Tournament held this past weekend and he offered his
congratulations. Mr. Proto then reported on the Universal Service Fund
relating to telecommunications billings, noting that the surcharge is increasing
from 8.9% to 10.7% of long-distance billing. He again reiterated that
staff is reviewing the criteria for use of these funds to see if it will
offset a portion of the cost of the Public Safety Communications project.
Mr. Booth arrived at this time.
Mr. Winch, District No. 8 Legislator, said he is well informed of the success
of Ms. Pottorff's cheerleading squads abilities as his constituents speak
of how well trained they are. He noted that the Candor cheerleaders
will be going to the Central New York Competition and he wishes them well.
Ms. Blanchard, District No. 1 Legislator, inquired if the Universal Service
Fund surcharge applied to digital telephone service and was informed that
it did apply.
Mrs. McBean-Clairborne, District No. 2 Legislator, spoke of February being
Black History Month. She said the month is used to celebrate and honor
black Americans who have made history and left a legacy for the nation.
Mrs. McBean-Clairborne reported that to honor Dr. James Turner will be honored
by a resolution tomorrow evening at 7:30 p.m. at City Hall, founder
of the Africana Center and Research Center at Cornell University. She
said he has made a large difference in the community and is nationally and
internationally known. Last year's recipient of this recognition was
Dian Sams, local Councilwoman.
Ms. Schuler, District No. 4 Legislator, spoke of the previous weekend
Light In Winter events. This special event, attended by thousands of
individuals, provided programs in art, science, music, and other activities
throughout the community. She reported that the recycling schedule
that was printed in the telephone book is incorrect and recommended that
individuals contact the Solid Waste facility by phone or online to determine
the proper schedule and that Collegetown residents could request a color-coded
map for the information. Ms. Schuler said the Tompkins Rx prescription
discount cards are available throughout the county and were enclosed in the
local Pennysavers. Ms. Schuler reported that Tompkins County has received
a Housing and Urban Development (HUD) grant in the amount of $484,878; these
funds will be used in several areas including Unity House, Tompkins Community
Action's Chartwell House. She noted that the request for the American
Red Cross was rejected.
Ms. Herrera, District No. 5 Legislator, spoke of the draw to tourists from
outside the area assisting to make Light In Winter a successful event.
She asked Mrs. McBean-Clairborne to report on a Human Services Coalition
luncheon she had attended recently. Mrs. McBean-Clairborne said she
had attended the annual meeting of this agency, during which awards were
presented to two individuals who have accomplished a great deal for the community:
Satomi Hill received the Ann Jones award in recognition of her extensive
volunteer service to the community, and the Ruth Pettingill award was given
to Karen Friedeborn for distinguished community service. Ms. Hill volunteered
to become an integral part of the community she had moved into; Ms. Anderson
Friderborn goes above and beyond in her duties to create and support community
services such as after school programs and developing means to increase youth
participation in events. Ms. Herrera congratulated both recipients.
She said the Planning, Development and Environmental Quality will be reviewing
a resolution related to the Lakesource Cooling issue. Ms. Herrera spoke
of the flooding in the Fall Creek area and said she was pleased to see Ms.
Coles, City of Ithaca Councilman's, presence at the meeting to report on
the City's efforts. Ms. Herrera said the City utilized Planning Department
resources to assist the City in resolving the flooding problem.
Mr. Todd, District No. 6 Legislator, expressed gratitude to the State and
local highway departments for their efforts in maintaining roads during the
past several weeks when there have been numerous snowstorms. Mr. Lane
agreed and noted village and city highway departments have done an excellent
job as well.
Report from Municipal Official(s)
Ms. Coles, City of Ithaca Councilwoman, said she had initially
intended to speak about the one-hundred-year-old water treatment plant, however,
the recent flooding situation that took place between January 25 - 27 is
now the critical topic. Ms. Coles reported the City has recorded precipitation
over the past year which indicated a higher-than-normal rainfall that continued
to as late as December. She said this precipitation combined with the
heavy snow and extremely low temperatures led to the present problem.
At this time, Cayuga Lake is approximately two feet above normal level, the
Seneca River that normally serves as an outlet is also running at capacity.
Simultaneously, runoff water is going into Cayuga Lake at two to three times
the average for this time of year. Mr. Fabroni of the City of Ithaca
Department of Public Works had stated the ground water levels are 1.5 times
the normal levels. Ms. Coles said emergency operations were set up
for Saturday morning and that City employees diligently assessed the situation,
determined remedies, and worked around the clock to resolve this problem.
She said numerous sump pumps were purchased and made available to residents
as needed and that fire departments assisted with pumping out basements as
needed. Ms. Coles said she was amazed with the dedication and hard
work of those involved and that not only were they resolving the flooding
issue but assisting with safety information to the residents. Ms. Cole
provided a daily report of these activities for review.
Ms. Herrera said she was pleased with the City's response
to this emergency and that the meetings held are a learning tool for matters
such as these. Ms. Cole noted that continued investigation on the problem
and possible resolutions to avoid this are still on going.
Chair's Report
Mr. Lane stated that many members of the Legislature including
the Chair are attending the New York State Association of Counties conference
in Albany.
Report from the County Administrator
Mr. Marx, Deputy County Administrator, said that Mr. Whicher,
County Administrator, had asked him to act on his behalf and make the recommendation
for Mental Health Commissioner. He explained the process for this appointment,
and said Mr. Whicher asked to extend his appreciation for all
who served on the Search Committee. Mr. Marx then said the County Administrator
's recommendation is to appoint Mr. Robert DeLuca, who has been acting as
interim Mental Health Commissioner.
Appointment of Mental Health Commissioner
It was MOVED by Mr. Booth, seconded by Ms. Schuler, and
unanimously approved by voice vote by members present, to appoint Mr. Robert
DeLuca to the position of Mental Health Commissioner. APPOINTMENT APPROVED.
Mr. DeLuca thanked the members of the Legislature for
their trust in him to work and assist families in Tompkins County.
He said the message he will continue to carry forward is that it is essential
to recognize all health care issues and he sees that the laws that once discriminated
those with mental health issues are coming to light. He thanked the
search committee and Mental Health Services Board for the privilege to serve
the Community. He said that serving this community is special as there
is a group of people that desire doing things in an effective and cost-effective
manner but with compassion. Mr. DeLuca shared the following quote
from the President's Commission on Mental Health:
"We envision a future when everyone with a mental illness
will recover, a future when mental illnesses can be prevented or cured, a
future when mental illnesses are detected early, and a future when everyone
with a mental illness at any stage of life has access to effective treatment
and supports - essentials for living, working, learning, and participating
fully in the community."
Mr. DeLuca said there is a long tradition of good care
in the County and he hopes to continue it.
Report from the County Administrator (continued)
Mr. Marx reported that the search for a highway manager
is continuing. Some interviews had taken place earlier in the day and
will continue. He also reported the assessment of the Highway Division
by Human Rights Commission is ongoing and a report will be presented at a
later date.
Report from the County Attorney
Mr. Wood reported that the changes to the PINS law in
the proposed State budget may have a significant effect on his office.
He said modifications requiring more services to be provided prior to judicial
proceedings would reduce the demand on some of his staff; however he noted
it could potentially increase the caseloads at the Department of Social Services
and Probation Department. Mr. Wood then reported that his office is
required from time to time to collect defaulted bail bonds. He said
the County has collected a bond in the amount of $200,000.
Report from the Finance Director
Mr. Squires reported further on the bail bond collected,
stating this unallocated revenue will not be able to be used by the County
until the waiting period (up to a year) during which a court could be asked
to refund it to the original purchaser is over with. He then spoke
of the report provided to Legislators related to the bonding resolutions
before them this evening. He stated that it is a favorable market and
is concerned that delays will result in higher interest rates.
Addition of Resolution(s) to the Agenda
There were no resolutions to add to the agenda.
Withdrawal of Resolution(s) from the Agenda
There were no resolutions to withdraw from the agenda.
Approval of Resolution(s) and Appointment(s) Under the Consent Agenda
It was MOVED by Mr. Penniman, 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. 15 - TO AMEND RESOLUTION NO. 23 OF FEBRUARY 17, 2004 - DETERMINATION
AND CERTIFICATION OF COUNTY CLERK'S ALLOWANCE - ANNUAL EXPENSES FOR ADMINISTERING
MORTGAGE TAX
MOVED by Mr. Penniman, seconded by Mrs. McBean-Clairborne,
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
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 $128,816 per annum to $135,133 per annum, now therefore be it
RESOLVED, on recommendation of the Government Operations
Committee, That the sum of $135,133 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 $135,133 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 II-20
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Appointment(s) Approved Under the Consent Agenda
It was MOVED by Mr. Penniman, seconded by Mrs. McBean-Clairborne,
and unanimously adopted by voice vote by members present, to approve the
following appointment(s) under the Consent Agenda:
Board of Assessment Review
Martha K. Preston - term expires September 30, 2009
Report from the Space Needs and Location Committee
Mr. Proto reported the Committee met on January 26, 2005,
at which time an extensive discussion and presentation by Mr. Marren of LaBella
Associates took place. The topic was the potential combining of day
reporting/drug treatment with the felony drug court. The second portion
of the meeting dealt with reviewing Health Department schematics and needs.
Mr. Proto said a report from Trowbridge and Wolf took place related to the
Health Department and the discussion included potential relocation sites
within the county. He indicated a very interesting point was that there
are limited County building locations allowed by law for the drug court,
one of which is the Mental Health Services building; he plans to invite Mental
Health staff to a future meeting when the topic is raised. Also discussed
at the meeting was the feasibility of combining the Health Department site
with the Department of Motor Vehicles, noting it is a possibility but not
a high priority item. The next meeting of the Committee is scheduled
for February 9th. Mr. Proto said he wanted to publicly thank Heather
Stewart for her assistance to this Committee since its inception.
Report from the Strategic Planning Committee
Mr. Proto reported on behalf of Mr. Koplinka-Loehr who
was attending the New York State Association of Counties conference.
He reported that at this time the next two meetings will be on March 4th
from 12:30 p.m. to 4:30 p.m. and April 8th from 2:00 p.m. to 4:00 p.m.
Legislators are to advise Mr. Koplinka-Loehr of any conflicts they may have.
He said a summary of the last session held by this Committee will be provided
by Thursday; a request to complete a response to two specific questions which
is due to Mr. Koplinka-Loehr by the 15th will be included in this summary.
Report from the Health and Human Services Committee
Mr. Winch, Vice Chair, reported the Committee will meet
on February 2nd. He announced that the Committee is seeking a volunteer
to act as liaison on the Recreation Partnership. Mr. Winch said the
distribution of the Tompkins Rx prescription discount cards has been very
successful requiring an additional 3,000 cards that should arrive within
the week. He noted the County will receive monthly reports on the number
of prescriptions and total cost savings to residents.
Report from the Planning, Development and Environmental Quality Committee
Ms. Herrera, Chair, said the Committee will hold the first
meeting of the year on February 2nd. She reviewed the items to be discussed
as outlined on the agenda and noted there will also be appointments to advisory
boards.
Report and Presentation of Resolution(s) from Budget and Capital Committee
Mr. Booth, Member of the Committee, reported the Committee
met on January 25th to discuss a variety of topics, with the most important
topic being the bonding resolutions coming forward. Also discussed
was the survey taken regarding the 2004 budget process. A subcommittee
will review this information and make recommendations for 2005.
RESOLUTION NO. 16 - AUTHORIZING THE ISSUANCE
OF $2,500,000 SERIAL BONDS OF THE COUNTY OF TOMPKINS, NEW YORK, TO PAY THE
COST OF THE PURCHASE OF VARIOUS ENERGY-RELATED IMPROVEMENTS TO COUNTY-OWNED
BUILDINGS PURSUANT TO AN ENERGY PERFORMANCE CONTRACT WITH JOHNSON CONTROLS
It was MOVED by Mr. Booth, seconded by Mr. Penniman.
A roll call vote resulted as follows: Ayes - 11; Noes - 0; Excused
- 4 (Legislators Joseph, Kiefer, Koplinka-Loehr and Robertson). RESOLUTION
ADOPTED.
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
the cost of the purchase of various energy-related improvements to County-owned
buildings pursuant to an energy performance contract with Johnson Controls,
including incidental expenses in connection therewith, for said County of
Tompkins, New York, there are hereby authorized to be issued $2,500,000 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 $2,500,000, and that the plan
for the financing thereof is by the issuance of the $2,500,000 serial bonds
of said County of Tompkins, New York, authorized to be issued pursuant to
this bond resolution.
Section 3. It is hereby determined that the period of probable
usefulness of the aforesaid class of objects or purposes is ten years, pursuant
to subdivision 90 of paragraph a of Section 11.00 of the Local Finance Law
because each item in said class is described in either subdivision 12 or
subdivision 13 of said paragraph a, and all of such County-owned buildings
are class “A” or “B” buildings within the meaning of subdivision 11 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 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 Ithaca Journal, the official newspaper
of such County, together with a notice of the Clerk of the Legislature in
substantially the form provided in Section 81.00 of the Local Finance Law.
SEQR ACTION: TYPE II-20
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RESOLUTION NO. 17 - AUTHORIZING THE ISSUANCE OF $525,000 SERIAL BONDS
OF THE COUNTY OF TOMPKINS, NEW YORK, TO PAY THE COST OF THE PURCHASE OF HIGHWAY
MACHINERY TO BE USED FOR ROADWAY CONSTRUCTION IN AND FOR SAID COUNTY
It was MOVED by Mr. Booth, seconded by Mr. Totman.
Ms. Herrera said she cannot support the resolution as it corresponds to positions
within the Highway Division. She said that while progress is being
made related to specific administrative issues that will determine the positions
she cannot provide support now. Mrs. McBean-Clairborne said she shares
Ms. Herrera's sentiments regarding the administrative issues of the positions,
however, she will support the resolution for bonding now and understands
that work is being completed relating to the positions. Mr. Penniman
said the full report on staffing, the search for the additional staff , and
organizational issues will be forthcoming. Mr. Proto thanked Mrs. McBean-Clairborne
for recognizing that work is being completed to move forward in a positive
manner. He said he is sorry Ms. Herrera cannot support the resolution
that provides the issuance of bonds, not the purchase of the equipment.
A roll call vote resulted as follows: Ayes - 10;
Noes - 1 (Legislator Herrera); Excused - 4 (Legislators Joseph, Kiefer, Koplinka-Loehr,
and Robertson). RESOLUTION ADOPTED.
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
to pay the cost of highway machinery to be used for roadway construction,
each item of which has a cost of $30,000 or more, including incidental expenses
in connection therewith, there are hereby authorized to be issued $525,000
serial bonds of said County of Tompkins, New York, 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 $525,000, and that the plan
for the financing thereof is by the issuance of the $525,000 serial bonds
of said County of Tompkins, New York, authorized to be issued pursuant to
this bond resolution.
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 28 of paragraph a of Section 11.00 of the
Local Finance Law.
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
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 Legislature in
substantially the form provided in Section 81.00 of the Local Finance Law.
SEQR ACTION: TYPE II-20
________________
RESOLUTION NO. 18 - A RESOLUTION AUTHORIZING THE ISSUANCE OF $16,000,000
SERIAL BONDS OF THE COUNTY OF TOMPKINS, NEW YORK, TO PAY THE COST OF ADDITIONAL
IMPROVEMENTS FOR THE COUNTY’S PUBLIC SAFETY COMMUNICATION SYSTEM IN AND FOR
SAID COUNTY
It was MOVED by Mr. Booth, seconded by Mrs. McBean-Clairborne.
Ms. Schuler requested the first WHEREAS be modified to include the words
"as applicable" to clarify that the State Environment Quality Review (SEQR)
requirements that applied at specific times during the project are completed.
She felt it was important to note that not all SEQR requirements could be
done at the time of the resolution. This amendment was considered friendly.
Ms. Herrera asked for clarification on the amount of the bonding and was
informed by Mr. Squires that the funds would be drawn upon only as needed,
allowing flexibility.
A roll call vote resulted as follows: Ayes - 11;
Noes - 0; Excused - 4 (Legislators Joseph, Kiefer, Koplinka-Loehr, and Robertson).
RESOLUTION ADOPTED.
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, as applicable, 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
to pay the cost of additional improvements for the County’s Public Safety
Communication System, including replacement of existing microwave, separate
voice, data and paging systems and upgrading or establishing new infrastructure
sites for towers, shelters, generators, microwave systems, integrated voice
and data systems, paging transmission equipment and similar equipment, and
including related software, installation and initial training, and other
costs incident thereto, for use by said County, there are hereby authorized
to be issued $16,000,000 serial bonds of said County of Tompkins, New York,
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 $16,000,000, and that the plan
for the financing thereof is by the issuance of the $16,000,000 serial bonds
of said County of Tompkins, New York, authorized to be issued pursuant to
this bond resolution. The aforesaid class of objects or purposes constitutes
additional improvements to those previously financed by the bond resolution
of the County adopted May 27, 2003, which authorized $2,000,000 to finance
the County’s 2003 Emergency Communications System Interconnectivity Program.
Section 3. It is hereby determined that the period of
probable usefulness of the aforesaid class of objects or purposes is ten
years, pursuant to subdivision 25 of paragraph a of Section 11.00 of the
Local Finance Law.
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
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 Legislature in
substantially the form provided in Section 81.00 of the Local Finance Law.
SEQR ACTION: TYPE II-20
___________
Report and Presentation of Resolution(s) from the Government Operations
Committee
Mr. Lane, Chair, reported the Committee had their organization
meeting on January 19th. The Assessment Department provided information
on various real property exemptions such as the veteran's, disability, historic,
etc. He said that the discussion of whether to take advantage of the
exemptions occurred and it was noted that while the County may be providing
the maximum Veteran's exemption not all towns and villages are. The
Code of Ethics proposed amendments were reviewed and some revisions made.
Mr. Lane said the Committee will have a special meeting on Monday, February
7, 2005 during which an executive session will take place to review the County
Administrator's performance. Mr. Lane requested Mr. Booth bring forward
resolutions from the Committee.
RESOLUTION NO. 19 - AUTHORIZING A PUBLIC HEARING ON PROPOSED LOCAL LAW NO.
a OF 2005 - A LOCAL LAW AMENDING
CHAPTER 32 OF THE TOMPKINS COUNTY CODE - CODE OF ETHICS
It was MOVED by Mr. Booth, seconded by Mr. Penniman.
Mr. Proto states that while he understands the resolution is for a public
hearing he needs a better understanding and inquired if the current Code
of Ethics presents difficulties in any way.
Mr. Wood, County Attorney, said he is not suggesting the document should
not be modified, but that he noted the present document does not have problems.
He reported the Chair of the Ethics Advisory Committee, Ms. Kiefer, felt
the document should be more reader-friendly. Mr. Lane noted Ms. Kiefer
was not present to speak to the matter.
Mr. Proto said he believes this is a work in progress and should be referred
back to committee for further review. Ms. Herrera, Government Operations
Committee member said she is in agreement.
Ms. Blanchard said she shares concerns about how many individuals the revisions
would now include under the disclosure portion. She also said she believes
that the portion relating to investigations should have a time frame that
would include the written response to be completed within sixty days of the
investigation.
It was MOVED by Mr. Proto, seconded by Ms. Herrera to refer the Code of Ethics
back to Committee. A voice vote resulted as follows: Ayes - 10;
Noes - 1 (Legislator Booth); Excused - 4 (Legislators Joseph, Kiefer, Koplinka-Loehr,
and Robertson). MOTION CARRIED.
RESOLUTION NO. 20 - ADOPTION OF LIST OF DESIGNATED OFFICERS AND
EMPLOYEES REQUIRED TO FILE AN ANNUAL FINANCIAL DISCLOSURE FORM
It was MOVED by Mr. Booth, seconded by Mrs. McBean-Clairborne,
and unanimously adopted by voice vote by members present. RESOLUTION
ADOPTED.
WHEREAS, State Law requires employees "who hold policy-making
positions, as annually determined by" the County to fill out financial disclosure
forms, and
WHEREAS, pursuant to Local Law No. 2 of 1997 and Administrative
Manual Policy 01-29, Standards of Conduct, "key employees" shall be determined
by separate resolution of the Tompkins County Legislature, and
WHEREAS, the list of "key employees" required to file
the annual financial disclosure form has been updated, now therefore be it
RESOLVED, on recommendation of the Government Operations
Committee, That the attached list of designated officers and employees required
to fill out the annual financial disclosure form be adopted.
SEQR ACTION: TYPE II-20
________________
FINANCIAL DISCLOSURE FORM - KEY EMPLOYEES
Last Name First Title Department/Division
Kippola Jacqueline Contracts Coordinator
Administration
Whicher Stephen County Administrator
Administration
Nicholas Robert Airport Manager
Airport
Bortz Gary Real Property Appraiser
Assessment
Coggin Valeria Director of Assessment
Assessment
Fiorille Alfonso Valuation Specialist
Assessment
Franklin Joseph Asst. Dir.-Internal Operations
Assessment
Hagin Sandra Real Property Appraiser
Assessment
Kehoe Irene Valuation Specialist
Assessment
Klinger Russell Real Property Appraiser
Assessment
Xayarath Michael Real Property Appraiser
Assessment
Stolp Robert Supervising Attorney
Assigned Counsel
Bortz Kathryn Deputy Elections Commissioner
Board of Elections
Cree Elizabeth Elections Commissioner
Board of Elections
Dewitt Stephen Elections Commissioner
Board of Elections
Paolangeli Thomas Deputy Elections Commissioner
Board of Elections
Stein Irene Director of Office for the
Aging COFA
Wood Jonathan County Attorney
County Attorney
Reynolds Maureen Deputy County Clerk
County Clerk
Valenti Aurora County Clerk
County Clerk
Dentes George District Attorney
District Attorney
Surdell Gary Deputy District Attorney
District Attorney
Banks Maryanne Director of Services
Dept. Social Serv.
Carey Patricia Commissioner of Social
Services Dept. Social Serv.
Herden Tom Director of Admin. Serv.
Dept. Social Serv.
Shurtleff Lee Director of Emergency Response
Emergency Response
Lemaro Arel General Building Supervisor
Facilities
Beach Helen Budget & Finance Manager
Finance
Squires David Director Finance
Cole Alice Public Health Director
Health
Grinnell-Crosby Brenda Public Health
Administrator Health
Martel Moore Shawn Director of Human
Rights Human Rights
Potter Greg Director of ITS
ITS
Covert Catherine Clerk Legislature
Pottorff Michelle Deputy Clerk
Legislature
DeLuca Robert Comm. Of Mental Health
Serv. Mental Health
Vacant Deputy Comm. Of Mental Health
Mental Health
Estes Stephen Deputy Comm. of Personnel
Personnel
Fitzpatrick Anita Commissioner of Personnel
Personnel
Jurkowich Joan Deputy Comm. Of Planning
Planning
Marx Edward Commissioner of Planning
Planning
Leinthall Kathryn Probation Director
II Probation
Wolf David Deputy Director of Probation
Probation
Lampman John Highway Manager (Interim)
Public Works
Nelson Cheryl Public Works Administrator
Public Works
Meskill Peter Sheriff Sheriff
Vitale Joe Undersheriff Sheriff
Eckstrom Barbara Solid Waste Manager
Solid Waste
Ellis Don Director of Weights & Measures
Weights & Measures
Zahler Nancy Youth Services Director
Youth Services
LEGISLATORS
Blanchard Barbara Penniman
Peter
Booth Richard Proto Frank
Herrera Kathy Luz Robertson
Martha
Joseph Tim Schuler Nancy
Kiefer Dooley Todd Thomas
Koplinka-Loehr Michael Totman
George
Lane Michael Winch Daniel
McBean-Clairborne Leslyn
Report from the Public Safety Committee
Mrs. McBean-Clairborne, Chair, said the Committee will
meet on February 3rd, during which a member of the public will be addressing
the Committee on a proposed resolution opposing the New York State Death
Penalty.
Report and Presentation of Resolution(s) from the Facilities and Infrastructure
Committee
Mr. Penniman, Chair, reported the Committee met January
25, 2005, and discussed the airport marketing resolution that was approved
and brought forward. He said the Air Service Task Force will be meeting
on February 2nd to further review strategies. Mr. Penniman reported
a request for positions from the Highway Division was discussed and is postponed
until the next meeting to enable further information to be provided.
The new meeting schedule for the Committee will be to meet once a month whenever
possible. The next meeting will be on February 17, March 17, and for
the balance of the year will meet on the second Tuesday from 2:00 p.m. to
5:00 p.m. If required, the fourth Tuesday will be utilized for an additional
meeting. Mr. Proto said with regard to the Air Service Task Force meeting,
he has seen several advertisements in the Ithaca Journal related to Syracuse
flights by competitive airlines. Mr. Penniman noted that US Air is
becoming very competitive in cost for flights leaving Ithaca.
RESOLUTION NO. 21 – APPROPRIATION FROM CONTINGENT FUND FOR TERMINAL
PAY – INFORMATION TECHNOLOGY SERVICES
It was MOVED by Mr. Penniman, seconded by Mr. Winch, and
unanimously approved by voice vote by members present. RESOLUTION APPROVED.
WHEREAS, the Information Technology Services had one employee,
Geographic Information Services Project Leader, terminate employment effective
January 14, 2005, 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 Facilities and Infrastructure
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
$11,714.18
TO: 1683.51000732
Salary, GIS Project Leader $
8,427.47
1683.58800 Fringes
3,286.71
TOTAL
$11,714.18
SEQR ACTION: TYPE II-20
________________
Adjournment
On motion the meeting adjourned at 6:53 p.m.
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