Tompkins County Legislature
Regular Meeting
April 19, 2005 - 5:30 p.m.
Legislature Chambers

Called to Order

    Mr. Joseph called the meeting to order at 5:30 p.m.

Pledge of Allegiance to the Flag and Roll Call of Members
        
    Members and guests participated in the Pledge of Allegiance to the Flag.

    Present:  14 Legislators.  (Mr. Booth arrived at 5:34 p.m.)  Excused – 1 (Legislator Koplinka-Loehr).   Mr. Winch was excused at 7 p.m.; Mr. Todd was excused at 7:39 p.m.

Presentation of Proclamation(s)


    Mr. Joseph presented the following proclamations:

    April 28, 2005 to be Worker’s Memorial Day to Brian Goodell; and
    April 29, 2005 to be Earth Day in Tompkins County to Legislator Dooley Kiefer.  

Privilege of the Floor by the Public             

    Donald Lifton, Village of Lansing resident, former County Legislator, and former Cornell University Trustee, stated he feels it is time to renew and reassess the issue of town gown relations, particularly the notion of “in lieu of tax payments”.   He stated it has already been established that this is a good idea, but hopes the Legislature will take the lead in asking what the appropriate level of payment by Cornell University and Ithaca College should be.  Mr. Lifton said Cornell has a new President who has made comments that make him appear to be sympathetic to this issue.  He noted Cornell Trustees benchmark Cornell against peer institutions.   He spoke of Yale University and said it was decided after reexamination of its contribution of payment in lieu of taxes, to increase its contribution to New Haven by 80 percent.  He spoke of the impact Cornell University has on Tompkins County and said he hopes this Legislature will address this on behalf of the villages, towns, City, and school districts and lead a coordinated discussion with Ithaca College and Cornell University to explore the appropriate level for the obligation those establishments have to Tompkins County.

    Rebecca Elgie, City of Ithaca, spoke of a project being undertaken this summer entitled “A Walk for Health Care Reform”.  Ms. Elgie said the intent of this walk is to try to bring the issues of the need for a universal health care system more into the spotlight and to express the need for so many people who are suffering.  There are many elderly and young people who are being hurt by the lack of health care.  She distributed information and asked if any Legislator could assist in setting up meetings in the communities, which begins in Kingston and ends in Jamestown, and located on the walk route to contact them.  Ms. Elgie noted that last night she was at Ithaca College at a student forum on this issue and Dan Lamb, and Dr. Kilgore spoke; she  announced a meeting will be held at Cornell University on April 20th at 5 p.m. to discuss health care.  

Presentation of the Distinguished Youth Award

    Ms. Kiefer, District No.10, presented the April, 2005 Distinguished Youth Award to Stephanie  and Kevin Chu who have studied piano and violin for a number of years.  These two musically talented young persons have, for over ten years, volunteered their talent in the service of fund raising for many local non-profits and in brining the pleasure of music to nursing homes. Ms. Kiefer said the pair was nominated for this award in 2003.  When she called for an update she was told that after graduating from high school a year early, Kevin is now finishing his first year of college in Los Angeles.  Stephanie is currently a Junior at Ithaca High School and continues to be involved in many different orchestras.  Stephanie has continued her desire to serve the community through music, and has formed a string quartet with three of her high school friends.  Ms. Kiefer said Kevin and Stephanie are both honor students, and have served their community in many other ways such as volunteering at the Loaves and Fishes Soup Kitchen, and Stephanie volunteers at the Cayuga Medical Center.  At this time Ms. Kiefer presented the Distinguished Youth Award to Stephanie on behalf of her and her brother, who is away at college.  

    Ms. Chu thanked the Legislature for the award and said she and her brother have always enjoyed sharing the musical gifts with the community because while people like many different things, music seems to be one thing that everyone can enjoy.  She said it has been a great gift to be able to study music at a young age and because they feel fortunate to have had this opportunity they like to share their gift for a good cause.

Privilege of the Floor by Legislators

    Mr. Totman, District No. 9 Legislator, spoke about the Public Safety Communications System and an article that appeared in today’s Ithaca Journal with regard to that subject.   He spoke of the Legislature entering into executive session to discuss the project and said he feels this is a project that the public should be informed about.

    Chairman Joseph responded to Mr. Totman’s comments and said the Legislature rarely enters into executive discussion.  He said he agreed with the majority of the contents of the Ithaca Journal article.  He said it is not acceptable to enter into executive session only because there is fear of a lawsuit; however, a body can go into executive session to discuss legal strategy.  He said it is important that when  we go into executive session for that purpose that it is restricted to that.   Mr. Joseph said most of the documents that pertain to the Public Safety Communications System are internal working documents that are not available under the Freedom of Information Law (FOIL).  However, that does not necessarily mean that they can be discussed in executive session as the legal requirements for executive session are much stricter.  Mr. Joseph said he believes this Legislature has been good about practicing the principal of allowing access to information when it can.  He said he believes it is now time for the Public Safety Communications System to be more openly presented to the public and he has been working with staff to see that public presentations are made in the very near future.   

    Mr. Penniman, District No. 15 Legislature, said he agrees with Mr. Joseph’s comments and said it has been his observation that when private discussions take place with regard to the Public Safety Communications System there have been very necessary reasons for doing so.  He suggested that in the future it might be a good idea to review the protocols for executive session prior to entering one and that the Chair monitor that the discussion stays on track.

    Ms. McBean-Clairborne, District No. 2 Legislator, thanked Rebecca Elgie for her comments under Privilege of the Floor by the Public with regard to health-care reform.  She said it is important that those individuals who have had real difficulty getting health care be part of the panel for the meeting Ms. Elgie spoke about.  She also thanked Stephanie and Kevin Chu for recognizing there are many individuals who have not been fortunate to have the opportunities they have had and for sharing their music with them.
 
    Ms. Herrera, District No. 5 Legislator, spoke of the issue raised pertaining to health care reform and stated often poor people have to spend a bigger proportion of their income on health care.  She said she will be on the panel at tomorrow’s forum at Cornell as is Tim Joseph.   Ms. Herrera said she heard about a local Ithaca Downtown Partnership meeting at which some local people were honored and at which labor was made the butt of a joke.  She said she is outraged that such a thing could take place at a public meeting.

    Ms. Blanchard, District No. 1 Legislator, responded to Ms. Herrera’s comments and said she was at the Ithaca Downtown Partnership meeting and did not hear the insult about labor.  She also spoke about the Public Safety Communications Project and today’s article in the Ithaca Journal.  She said while she agrees with many of the points that were made, it left the impression with people that this is the way the County has conducted business all along.  She reminded everyone that this not the way business was conducted from the start and said the Committee has gone to great lengths to make sure people knew what was going on and referred to the many maps and reports that have been presented.

    Mrs. McBean-Clairborne, District No. 2 Legislator, said she was in attendance at the meeting of the Ithaca Downtown Partnership referred to by Legislator Herrera and said she was very disappointed at some of the comments and actions that took place.  She said the actions she observed were very disturbing to her and said she is planning to send an email to the Ithaca Downtown Partnership.

    Mr. Proto, District No. 7 Legislator, said although he has been a frequent critic of tax exemptions, he has asked the Planning, Development and Environmental Quality Committee to review particular ones.  He alerted the Legislature that he will be bringing a resolution to the next meeting requesting that the Government Operations Committee consider a process that includes another tax exemption for individuals working for fire companies.  

    Mr. Proto also spoke of the recent death of the Pope and said he was very disappointed that even at the request of the President, this County did not fly a flag at half staff for one day.  Aside from religious convictions, this individual has had an influence on humanitarianism, world peace, and improving the human condition wherever he went.  He said he was very disappointed that the County could not express its condolences and honor someone who has had an impact on so many items that are discussed by this Legislature on a daily basis.  

    Mr. Totman, District No. 10 Legislator, spoke of Ms. Blanchard's announcement today that she is not running for reelection to this Legislature and expressed disappointment in her decision.

    Mr. Booth, District No. 3 Legislator, said he agrees with Chair Joseph’s statements about the importance of the Freedom of Information Law.  He stated he believes that Legislature had adequate  reasons to enter into executive session when it recently did, respecting the Public Safety Communications Project and that some comments made during that session should not have been made there but in a public forum.  However, he also agrees with Ms. Blanchard that this Legislature generally does a good job of keeping its business in the public view and that it has not been hiding the details of this project from the public.

    Ms. Robertson, District No. 13 Legislator, announced there will be a special presentation at the Cortland Holiday Inn on May 17th that the Tompkins County Health Department is involved in.  It will be a panel discussion by representatives of many different counties on various subjects including dental care, mental health, obesity, and stroke.   Ms. Robertson also reminded Legislators and the public about a gourmet dinner-to-go that is being held to benefit the Drop-in Children’s Center.

    Mr. Lane, District No. 14 Legislator, said there are some good things contained in the New York State Budget with respect to Tompkins Cortland Community College.  He noted it is still unknown how funding will be handled for public schools in New York City and rural areas.  Mr. Lane updated the Legislature on the Indian land claim issue and said after a decision by the New York State Supreme Court the Oneida’s have asked the Department of Interior to place all 17,000 acres in the Indian land-claim area in Oneida and Madison counties into trust.

    Ms. Kiefer, District No. 10 Legislator, distributed information on the 7th Annual Earth Day Celebration to be held on April 24 from noon to 5 p.m. at the Ithaca Farmer’s Market. The Environmental Management Council will have displays on renewable energy and problems associated with open burning of household waste.  The Water Resources will have a display again on the differences between two stroke and four stroke engines and what they do to the lake.  They are also planning an exhibit on what phosphorous means to the Lake.   TCAT will also have a hybrid bus in town that will be available for the public to ride.

     Mr. Todd, District No. 6 Legislator, distributed a chart showing the percent change in the tax rate, assessed value, and total tax levy from 2001 to 2005.  He said he is not making any recommendations at this point; however, after passage of the 2005 budget by one vote, it is obvious a budget needs to be adopted that is acceptable to a larger number of Legislators.  He also said a 65 percent tax increase in five years is way in excess of the increase in income of property owners and the increases are especially difficult for taxpayers on fixed incomes.  Mr. Todd said Legislators must consider taxpayer’s ability to pay when developing a budget.

Special Presentation - Tompkins Cortland Community College

    Dr. Carl Haynes, President of Tompkins Cortland Community College, presented the Legislature with a report on the State of the College.   Dr. Haynes said there has been a focus on developing a learning-centered College and many initiatives are underway to achieve that goal. He highlighted the Critical Success Areas, Major Objectives for 2004-2005, and the Budget for 2004-5005.  A copy of the President’s Annual Report was submitted for the record.  Dr. Haynes noted all photos in the report were taken by TC3 students.

Chair’s Report and Appointment(s)


    Mr. Joseph had no report or appointments.

Report from the County Administrator

    Mr. Whicher had no report.  He requested an executive session to discuss union negotiations.  He reported the White Collar and Blue Collar unions have declared an impasse and the process will now move into the mediation phase.  He reported negotiations are still taking place with the Jail Corrections Unit.  Mr. Whicher said he has prepared a graph of Tompkins County and comparable counties for the last four years and where they have included increases in sales tax in funding their government.  He said this will help legislators evaluate how Tompkins County has done in comparison with other counties.  Mr. Whicher asked for the Legislature's confirmation for the reappointment of Anita Fitzpatrick as Personnel Commissioner for a six-year term.

Mr. Proto referred to the Resolution Routing Form distributed by the Clerk of the Legislature.  He referred to the present process of approving contracts and said there may be times when Legislators may not be aware that the County is approving certain contracts and therefore, may not know to make a disclosure of an association with a company.   Mr. Whicher said when Administration approves a contract as part of a Capital Program the program committee is provided a report.  He offered to extend that report to other interested legislators.

    It was MOVED by Ms. Blanchard, seconded by Ms. Herrera, and unanimously adopted by voice vote, to reappoint Anita Fitzpatrick to the position of Personnel Commissioner for a six-year term.    Ms. Herrera stated Ms. Fitzpatrick, who holds a very difficult position, has served the County well and is one of the most compassionate and practical employees the County has.  She said it makes her proud to second the motion for her reappointment.   

Report from the County Attorney

    Mr. Wood had no report.

Report from the Finance Director

    Mr. Squires announced the annual tax foreclosure auction will be held on June 9.  There are seven properties totaling $124,000.   He also reported on first-quarter sales tax receipts and stated the total receipts were $6.2 million, which is an increase over last year’s receipts of $6.1 million.   He noted there was a material shift in activity between sales inside and outside of the City .

Addition of Resolution(s) to the Agenda

    It was MOVED by Ms. Robertson, seconded by Mr. Penniman, and unanimously adopted by voice vote by members present, to add to the agenda the resolution entitled Resolution Urging Amendment of New York State Public Health Law 4173 to Increase Vital Records Fees – Health Department.

Withdrawal of Resolution(s) from the Agenda

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

Approval of Resolution(s) and Appointment(s) Under the Consent Agenda

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

RESOLUTION NO. 64 - AWARD OF CONTRACT- GROUND TRANSPORTATION SERVICES - ITHACA TOMPKINS REGIONAL AIRPORT

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

WHEREAS, the Airport's ground transportation services contract with Ithaca Airline Limousine (IAL) expired on December 31, 2004, and
WHEREAS, a Request for Proposals (RFP) was duly advertised and one proposal was received from Ithaca Dispatch of Fifth Street, Ithaca, and
WHEREAS, the Air Service Committee deems it desirable to have as much flexibility as possible while it formulates a long-term plan for the airport, and
WHEREAS, the Air Service Committee requested that the Airport Manager negotiate a flexible contract with Ithaca Dispatch, in accordance with the provisions detailed in the RFP, and
WHEREAS, Ithaca Dispatch was agreeable to a one-year contract with options to renew annually for a further four years, now therefore be it
RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the County Administrator be authorized to sign a one-year contract with Ithaca Dispatch commencing on  May 1, 2005, with options to renew annually for a further four years until April 30, 2010.
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RESOLUTION NO. 65 - AWARD OF BID – TRANSIENT APRON REHABILITATION - ITHACA TOMPKINS REGIONAL AIRPORT

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

         WHEREAS, the Finance Department advertised and received three bids for the Transient Apron Rehabilitation at the Ithaca Tompkins Regional Airport, and
         WHEREAS, the lowest responsible bid of $1,422,995.00 was submitted by Boland's Excavating & Topsoil of Conklin, NY, and
         WHEREAS, the budget for this construction project is as follows:

      FAA Share          (95.0 percent) Account No. 5601.44592           $1,328,095.00
      NYSDOT Share  (  2.5 percent) Account No. 5601.43592           $     34,950.00
      Local Share         (  2.5 percent) Account No. HT 5601.45031     $     34,950.00
     *Non-Eligible Local Cost                                                               $     25,000.00
       Total                                                                                              $1,422,995.00
     *Cost of repairing a portion of the T-Hangar pavement that is not eligible for Federal funding.
 
         RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That subject to grants being received from the Federal Aviation Administration (FAA) and the New York State Department of Transportation (NYSDOT), the bid be awarded to Boland's Excavating and Topsoil of Conklin, New York,
         RESOLVED, further, That the Finance Director be authorized to borrow monies if necessary, until reimbursement is received from the FAA and NYSDOT,
         RESOLVED, further, That the local share of $34,950 and the $25,000 of non-eligible local cost be and hereby is included in the airport operating budget for 2005,
         RESOLVED, further, That the County Administrator be and hereby is authorized to execute a contract with Boland's Excavating and Topsoil.
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RESOLUTION NO. 66 -  IN SUPPORT OF THE ITHACA TOMPKINS REGIONAL AIRPORT'S APPLICATION FOR A FEDERAL SMALL
    COMMUNITY AIR SERVICE GRANT


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

         WHEREAS, the economy in Tompkins County is thriving and our principal economic sector, educational services, is instrumental in keeping unemployment at the lowest rate in New York and continues to create spin-off businesses that ensure a bright future for Ithaca and the surrounding area, and
         WHEREAS, Ithaca was recently named the foremost emerging Metropolitan Statistical Area in the nation by Cities Ranked and Rated, and
         WHEREAS, since September 11, 2001, the air service provided to the Ithaca Tompkins Regional Airport has been severely reduced in terms of frequency and destinations served, thus inhibiting the ability of the airport to serve the needs of the local business and educational community, and
         WHEREAS, the lack of convenient air service and uncompetitive airfares are threatening to harm the County's burgeoning economy, and
         WHEREAS, the Air Service Committee and Air Service Task Force, working on behalf of the Tompkins County Legislature have taken steps that have brought a groundswell of community support leading to partial relief of the air service situation by bringing limited additional air service to the airport, and
 WHEREAS, this effort will require ongoing financial support and a protracted effort to sustain and increase air service and airport usage, and
         WHEREAS, the federal Small Community Air Service grant program, that was designed to assist communities like Tompkins County with creating sustainable air service and reducing airfares, can greatly assist our efforts by helping to finance the necessary marketing and incentives program, now therefore be it
         RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the Tompkins County Legislature does unanimously support the Ithaca Tompkins Regional Airport's application for a Small Community Air Service grant,
         RESOLVED, further, That recognizing the importance to the community of better air service and lower airfares, the congressional representatives of Tompkins County be urged to vigorously support the Airport's application.
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RESOLUTION NO. 67 - APPROVING ACCEPTANCE OF LARGER GRANT FOR DAY CARE PROVIDER REGISTRATION, INSPECTION, AND COMPLAINT INVESTIGATION, WITH ASSOCIATED ADJUSTMENTS TO SUBCONTRACT TERMS AND COUNTY BUDGET – DEPARTMENT OF SOCIAL SERVICES

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

    WHEREAS, the 2005 budget presently anticipates that the Department of Social Services will pass through to the Day Care and Child Development Council of Tompkins County $99,360 of 100 percent Federal funds to register, inspect, and investigate complaints regarding day-care providers, and
    WHEREAS, the Department has received notice that $8,391 in additional funding is available to support these activities, now therefore be it
    RESOLVED, on recommendation of the Health and Human Service Committee, That the Department of Social Services is authorized to accept and pass through to the Day Care Council the additional Federal funds through its “Day Care Provider Registration, Inspection, and Complaint Investigation” contract,
    RESOLVED, further, That, in order to reflect the increased value of the grant and contract, the Director of Finance shall make the following budget adjustment on this year’s books:

REVENUE            A6010.44610        Fed: Social Services Admin    $8,391
APPROPRIATION        A6010.54442        Professional Services        $8,391
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Appointment(s)

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

Economic Development Loan Oversight Committee
Kathy Herrera, - Chair of the Planning, Development and Environmental Quality Committee; serves at the pleasure of the Legislature

Traffic Safety Board – terms expire December 31, 2007
George Totman – Public Safety Committee member
Peter Penniman – Public Safety Committee member

Emergency Communications Review and Oversight Committee
Andrew Down – Volunteer Fire/EMS Chief’s Association representative; term expires December 31, 2007

Environmental Management Council
David Lessinger – Town of Ulysses representative; term expires December 31, 2005

Tompkins County Workforce Development Board
Ellen A. O’Donnell – TST BOCES, representative; term expires June 30, 2007

Report and Presentation of Resolution(s) from the Health and Human Services Committee

    Ms. Robertson, Chair, announced April 29th will be the last day of work for Marge Dill, Executive Director of the Human Services Coalition.  A celebration for Ms. Dill will be held on May 2nd at 4:30 p.m. at the MuralLounge.   At the last meeting Ms. Dill spoke to the Committee about what she has seen during her 13 years with the Coalition, emphasizing the impacts of cutbacks on both workers and services.  Ms. Robertson announced there will be site visits scheduled for agencies under review by the Human Services Coalition.  Ms. Robertson said the Committee heard a report from Holly Gump from the Health Department on the WIC (Women Infants and Children) Program.  She reported although the program reaches more than 1,550 in the program monthly, this represents only 56 percent of those eligible for the program.  Irene Stein, Chair of the Human Services Cabinet, brought to the Committee’s attention work that is being done on a demographic planning committee, which is in response to a conversation the Committee had relative to aging services.    The Committee also received an update from the County Administrator on the State Budget.   The next meeting will be May 4th at 10:30 a.m.

RESOLUTION NO. 68 - RESOLUTION URGING AMENDMENT OF NEW YORK STATE PUBLIC HEALTH LAW 4173 TO INCREASE VITAL RECORDS FEES – HEALTH DEPARTMENT

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

WHEREAS, vital records are documents such as birth and death certificates that can be obtained directly from the State, under the jurisdiction of the Commissioner of Health, or from the “primary registrant” of a municipality, and
    WHEREAS, the State Commissioner can charge $30 per document, yet under Public Health Law, Tompkins County is only able to charge $10 per document, and
    WHEREAS, historically, the amount that the State has charged and the amount localities have charged for vital records have been in statutory lockstep and amending the Public Health Law would eliminate the current discrepancy between the fees charged by the State and the County of Tompkins for the same documents and establish a new permissive standard which would allow the County of Tompkins to charge up to the amount charged by the State for vital records, and
    WHEREAS, in July of 2004 the State amended the Public Health Law to allow Monroe County to charge up to the amount charged by the State for vital records, now therefore be it
    RESOLVED, on recommendation of the Health and Human Services and Budget and Capital Committee and the Tompkins County Legislature, That this Legislature urges the New York State Legislature and the Governor to amend Section 4173 of the Public Health Law to allow Tompkins County to charge up to the amount charged by the State for vital records, and
    RESOLVED, further, That the Clerk of the Legislature is hereby directed to send a certified copy of this resolution to the Governor, the New York State Legislators representing Tompkins County and all others deemed necessary and proper.
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Report and Presentation of Resolution(s) from the Planning, Development and Environmental Quality Committee

    Ms. Herrera, Chair, reported the Tompkins County Comprehensive Plan has been published and is available on the County’s website.   She said this has been worked on for a very long time and is the result of a lot of collaborative work. The Strategic Tourism Plan has been distributed to all Legislators; Ms. Herrera asked that the Plan be reviewed prior to the next meeting of this Legislature when it will be acted upon.  She called attention to the action steps contained in the Plan and noted that while tourism is estimated to have brought in over $100 million in 2003, what is special and unique about Tompkins County was still preserved.  At today’s meeting the Committee discussed the budget of the Ithaca-Tompkins County Transportation Council, received a report from Commissioner Marx, and discussed community celebrations and block grants.  The next meeting will be May 6th at 2:30 p.m.

RESOLUTION NO. 69 -   FUNDING OF COMMUNITY CELEBRATIONS GRANTS    

    MOVED by Ms. Herrera, seconded by Mr. Proto.  Mr. Totman said he felt there are too many grants being funded for celebrations within the City of Ithaca in comparison with the number approval for other areas of the County.  Ms. Herrera said there is no effort being made to balance the number of grants allocated between the City and rural areas and noted there were many more rural grants approved in the fall round of funding.  Ms. Herrera said these are celebrations grants, awarded based on merit, and the importance of them is to build community.

Ms. Kiefer asked if the County Historian had been involved in the recommendations and was told Ms. Kammen, County Historian, Chairs the Grant Review Committee.  

There was a brief discussion about whether celebrations were a legitimate expenditure under tourism.  Mr. Joseph said when the County increased the Room Tax it was specifically stated that it would not all go for tourism and that a portion would go towards celebrations.  

A voice vote resulted as follows:  Ayes – 11, Noes – 2 (Legislators Totman and Todd); Excused – 2 (Koplinka-Loehr and Winch).  RESOLUTION ADOPTED.

    WHEREAS, Tompkins County has a grant program for community celebrations using funds drawn entirely from Room Occupancy Tax, and
    WHEREAS, Tompkins County has requested and reviewed grant applications for recommendation to the Tompkins County Legislature through the Planning, Development and Environmental Quality Committee with the advice of the Strategic Tourism Planning Board, now therefore be it
    RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee, That the following grants are approved:
    City of Ithaca         Turtle Garden Celebration                                         $   750
    City of Ithaca         National Volunteer Week Celebration                         379    
    Town of Danby      Danby Fun Day                                                           1,978
    City of Ithaca         National Children's Mental Health Week Carnival     900
    City of Ithaca         Ithaca Youth Bureau Community Celebration         2,000
    Village of Dryden  Victorian Winter 2005 Festival                                   1,922
    Town of Caroline   National Register Celebration                                       707
    Town of Enfield     Enfield Harvest Festival 2005                                     1,300
    City of Ithaca         Police Dept. Open House                                            1,200
    City of Ithaca         National Night Out 2005                                                800
    City of Ithaca         Juneteenth 2005                                                           2,000    
                                                                                                                         $13,936
RESOLVED, further, That the County Administrator or designee shall be authorized to sign any documents related to the aforementioned projects.
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RESOLUTION NO. 70 - APPROPRIATION OF 2005-2006 BUDGETS FOR THE ITHACA-TOMPKINS COUNTY TRANSPORTATION COUNCIL

    MOVED by Ms. Herrera, seconded by Ms. Schuler.  A short roll call vote resulted as follows:  Ayes – 13, Noes – 0, Excused – 2 (Legislators Koplinka-Loehr and Winch).  RESOLUTION ADOPTED.

    WHEREAS, Tompkins County serves as the host agency for the Ithaca-Tompkins County Transportation Council, the Metropolitan Planning Organization for the Ithaca-Tompkins County area, and
    WHEREAS, the County has a contract with the New York State Department of Transportation to provide funding for the Ithaca-Tompkins County Transportation Council through grants provided by the Federal Highway Administration and Federal Transit Administration, and
    WHREAS, the Ithaca-Tompkins County Transportation Council has grant authorizations for its 2005-2006 fiscal year, beginning April 1, 2005, and ending March 31, 2006, in the amounts of $203,776 from the Federal Highway Administration and $33,951 from the Federal Transit Administration, and
    WHEREAS, the Policy Committee of the Ithaca-Tompkins County Transportation Council has adopted Resolution 05-2, Approval of the 2005-2006 Ithaca-Tompkins County Transportation Council Operating Budget, which requests that the host agency (Tompkins County) take the appropriate actions to fully implement said operating budget, now therefore be it
    RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee, That the budgets for the Ithaca-Tompkins County Transportation Council, as presented in "Attachment A" to this resolution, be amended in the 2005 Tompkins County budget and that the County Finance Director be authorized to expend such funds for the period of April 1, 2005 through March 31, 2006.
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Resolution No. 70 of 2005 -  ATTACHMENT A (on file with the Clerk of the Legislature)

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

    Mr. Booth, Vice Chair, reported the Committee met on April 12 and heard a preliminary estimate from Mr. Whicher of fringe benefits over a several-year period.  The Committee had a discussion about the factors driving up those costs and one specific area of increase is the County’s prescription drug costs.   The Committee approved several requests to fill positions and had a long executive session regarding the reappointment of the Personnel Commissioner.

RESOLUTION NO. 71 –  AFFIRMING TOMPKINS COUNTY’S COMMITMENT TO BEING A DIVERSE AND INCLUSIVE ORGANIZATION BY CREATING A COMPREHENSIVE DIVERSITY AND INCLUSION PROGRAM

MOVED by Mr. Booth, seconded by Mrs. McBean-Clairborne.  Ms. Kiefer offered several amendments which after discussion, were accepted as friendly and incorporated into the resolution.  

Ms. Blanchard called attention to the last Resolved in which a statement is made that “..the Legislature will provide the necessary resources to develop and implement the Count’s diversity and inclusion program as drafted by the Workforce Diversity and Inclusion Committee and pending further action by the Legislature”.  Mr. Totman said he does not support spending County resources because of one incident and questioned what happened to the existing Affirmative Action Plan.  

Mrs. McBean-Clairborne said this will cost money, resources, and a commitment by Tompkins County to change its culture.  She said this is about making a culture change in a County that is committed to making sure that everybody feels that this is a welcoming environment.  Mrs. McBean-Clairborne said while the County does have an Affirmative Action Plan, there is much more that needs to be done in the area of diversity and inclusion in Tompkins County.   

Ms. Herrera supports the statement by Legislator McBean-Clairborne and said this cannot be ignored.  She guarantees that in the current fiscal climate the County will act as cost efficiently as possible.  

It was MOVED by Ms. Herrera, seconded by Mr. Lane, and unanimously adopted by voice vote by members present, to Call the Question.  

A voice vote resulted as follows:  Ayes – 11, Noes – 2 (Legislators Todd and Totman); Excused – 2 (Koplinka-Loehr and Winch).  RESOLUTION ADOPTED.

WHEREAS, Tompkins County wishes to establish a foundation for diversity and inclusiveness for all of county government, to make diversity work as well as matter in all we do, and
WHEREAS, Tompkins County recognizes "diversity" as encompassing different personal characteristics such as race, age, sex, national origin, religion, sexual orientation, gender identity, ex-offender status, disability status, and veteran status, as well as respecting, learning about, and learning from the differences and similarities each individual or group brings to the work of county government, and
WHEREAS, Tompkins County recognizes inclusion as encompassing a culture change that results in a welcoming atmosphere for residents and staff from diverse backgrounds and with diverse attributes, and that creates organizational effectiveness in the way county government provides opportunities, services, interaction, communication, information, and decision-making to leverage the potential of its diversity and that of the county, and
WHEREAS, Tompkins County wishes to demonstrate its commitment to diversity and inclusion by ensuring all employees, volunteers, and clients treat each other with dignity and value, respect differences, recognize and respond effectively to differences, and identify and remove systemic and historical barriers to embracing diversity and inclusiveness, and
 WHEREAS, Tompkins County recognizes that an effective and successful diversity and inclusion initiative must include, among other attributes: established equal-opportunity and affirmative-action programs to ensure equal access to employment opportunities; regular training on affirming diversity and inclusiveness; flexibility within organizational culture that addresses work and life issues; well-defined and well-communicated policies of non-discrimination and non-harassment; well-documented and understood complaint procedures for addressing discrimination issues; and a physical space that represents diversity and inclusion, now therefore be it
RESOLVED, on recommendation of the Budget and Capital Committee, That the Tompkins County Legislature fully supports a diversity and inclusion initiative by affirming the existence of the Workforce Diversity and Inclusion Committee, convened/commissioned by the Chair of the Legislature in February, 2005, and made up of community members, employees, and other interested parties,
RESOLVED, further, That the Tompkins County Legislature charges the Workforce Diversity and Inclusion Committee with developing for the County a draft workforce diversity and inclusion plan that addresses the County’s commitment to diversity and inclusion,
RESOLVED, further, That the Workforce Diversity and Inclusion Committee is also charged with reviewing the County's 1997 Affirmative Action Plan, and developing for the County a draft implementation plan for the workforce diversity and inclusion initiative,
RESOLVED, further, That the Workforce Diversity and Inclusion Committee will work closely with any internal staff teams to advise on interim steps for recruitment, hiring, and retention of persons with diverse backgrounds and attributes for County employment,
RESOLVED, further, That the Tompkins County Legislature will provide the necessary resources to develop and implement the County’s diversity and inclusion program as drafted by the Workforce Diversity and Inclusion Committee and pending further action by the Legislature.
SEQR ACTION: TYPE II-20
__________________

    Mr. Todd was excused at 7:39 p.m.

RESOLUTION NO. 72 - AUTHORIZING THE ADVANCE OF UP TO $2,000,000 OF STATE TRANSIT OPERATING ASSISTANCE (STOA) TO TOMPKINS CONSOLIDATED AREA TRANSIT (TCAT)

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

    WHEREAS, the Tompkins Consolidated Area Transit Inc. (TCAT) was originally formed under a partnership agreement among Tompkins County, Cornell University and the City of Ithaca effective January 1, 1999, and
WHEREAS, each party makes an annual contribution of equal amounts to support TCAT, and
    WHEREAS, the timing of State Aid payments severely impairs the financing of operations,  and
WHEREAS, in order to address the TCAT partners' outlays for transit operations, it is proposed that the County distribute to TCAT estimated second, third, and fourth quarter State Transit Operating Assistance (STOA) payments anticipated within the 2005 Adopted Budget in advance of their receipt, now therefore be it
    RESOLVED, on recommendation of the Budget and Capital Committee, That the Director of Finance is authorized to enter into an agreement with TCAT whereby the County would disburse from Budget Account 5630.54404 Transportation Services 2005 Appropriations supported by STOA payments in advance of their receipt in an amount not to exceed $2,000,000,
     RESOLVED, further, That the County will recover the loss of investment income from the advance of STOA funds by billing TCAT for the actual lost earnings based upon the application of the average monthly investment applied against the average monthly balance of advanced STOA payments,
RESOLVED, further, That the County will retain all future STOA payments until such time as the advance has been fully liquidated or reauthorized by the Tompkins County Legislature.
SEQR ACTION:  TYPE II-20
___________________

Report from the Strategic Planning Committee

    No report was given for this Committee.

Report from the Government Operations Committee

    Mr. Lane, Chair, reported the Committee will meet tomorrow at 2:30 p.m.

Report from the Public Safety Committee

    Mrs. McBean-Clairborne, Chair, reported the Committee met on April 7th.  In addition to discussing the Public Safety Communications Project, the Committee received a presentation from Offender Aid and Restoration about that program.  The Committee was informed by the Assigned Counsel Program that the program received State reimbursement for indigent legal services in the amount of $247,000; $200,000 was budgeted for 2005.  Don Barber, Town of Caroline Supervisor, was in attendance and updated the Committee on discussions that have taken place in Intermunicipal Committee relating to police services. Mrs. McBean-Clairborne said there was a discussion about boardout costs with expenses for January and February being $38,000; she said this continues to be monitored closely.   The next meeting will be May 5th at 2 p.m.  Mr. Proto noted that he and Ms. Robertson are on the Intermunicipal Committee along with Cathy Valentino, Steve Farkas, Don Barber, and Maria Coles, and they met this morning with City Deputy Police Chief and a New York State Police representative.

Report from the Facilities and Infrastructure Committee

    Mr. Penniman, Chair, reported the Committee met a week ago and discussed the Highway Plan and the design process for some of the projects that are coming up in the next few years.

Ms. Blanchard, Chair of the Air Services Committee, stated the Air Services Committee is comprised of seven members and meets the second and fourth Monday of each month at 4 p.m.  It reports to the Facilities and Infrastructure Committee. Sub-working groups of marketing, outreach, strategic planning, and small communities air services grant have been established with staffing provided by the Airport Manager and his staff.   Ms. Blanchard announced the ribbon-cutting will be held on May 2nd 11 a.m. to 1 p.m. to officially welcome Northwest Airlines.  She also called attention to FlyIthaca.com, new special website that offers a single interface to search for the best air fares from Ithaca to the world.  

Report from the Space Needs and Location Committee

    Mr. Proto, Chairman, reported the Committee met on April 13 and had a very worthwhile discussion on the Health Department with the consultant.  The consultant distributed a draft of the needs of the Health Department which is currently under review by Alice Cole and Committee members.  Once the review is complete the summary report will come back along with finance costs estimates.  Mr. Proto said the second item that received a lot of discussion was use of the Old Library and how it might be used as a center-of-government building.  At the next meeting on May 11th he expects to have a preliminary financial analysis with regard to the Old Library.    

Approval of Minutes of April 5, 2005

    It was MOVED by Mr. Booth, seconded by Ms. Schuler, and unanimously adopted by voice vote by members present, to approve the minutes of April 5, 2005 as corrected.  MINUTES APPROVED.

Recess

    Mr. Joseph declared recess from 8:05 p.m. to 8:10 p.m.

Executive Session

    It was MOVED by Mr. Booth, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present, to enter into executive session at 8:10 p.m. to discuss salary negotiations.  The meeting returned to open session at 8:40 p.m.

Adjournment

    On motion the meeting adjourned at 8:40 p.m.

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