Mr. Joseph, Chair, called the 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: 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 5,000,000kWh 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
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 Assesment
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 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 reparoled 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 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 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. Koplina-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 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.
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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 government's 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.
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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. 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.
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RESOLUTION NO. 9 - TO AMEND RESOLUTION NO. 15 OF FEBRUARY 2, 2005 - DETERMINATION AND CERTIFICATION OF COUNTY CLERK'S ALLOWANCE - ANNUAL EXPENSES FOR ADMINISTERING MORTGAGE TAX
MOVED by Mr. Booth, seconded by Ms. 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
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.
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RESOLUTION NO. 10 - ACCEPTANCE OF ANNUAL ALTERNATIVES TO INCARCERATION CONSOLIDATED SERVICE PLAN
MOVED by Mr. Booth, seconded by Ms. 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.
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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. 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
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
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RESOLUTION NO. 12 - INCREASE IN HOURS – STAFF DEVELOPMENT AND QUALITY COORDINATOR - DEPARTMENT OF SOCIAL SERVICES
MOVED by Mr. Booth, seconded by Ms. 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.
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RESOLUTION NO. 13 - REDUCTION IN HOURS – DIRECTOR OF OFFICE FOR THE AGING
MOVED by Mr. Booth, seconded by Ms. 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.
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RESOLUTION NO. 14 - BUDGET ADJUSTMENT – YOUTH SERVICES
MOVED by Mr. Booth, seconded by Ms. 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.
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RESOLUTION NO. 15 - ACCEPTANCE OF LEGISLATIVE INITIATIVE GRANT FOR HOME REPAIRS - OFFICE FOR THE AGING
MOVED by Mr. Booth, seconded by Ms. 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
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Approval of Appointment(s) Under the Consent Agenda
It was MOVED by Mr. Booth, seconded by Ms. Mackesey, and unanimously adopted by voice vote, to approve the following appointment(s) under the Consent Agenda:
Homeownership Oversight Committee
Duane Randall, Planning Committee Chair delegate (no set term)
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 - term 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
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.
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
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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 a 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.
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 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 8l.00 of the
Local Finance Law.
SEQR ACTION: TYPE II-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.
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 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 8l.00 of the
Local Finance Law.
SEQR ACTION: TYPE II-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 of 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 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 Resolution(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 discussion 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.
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-Clairborne, 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 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 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 II-20
Adjournment
On motion the meeting adjourned at 7:35 p.m.