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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