Chair Joseph called the meeting to order at 5:30 p.m.
Pledge of Allegiance to the Flag and Roll Call of Members
Members and guests participated in the Pledge of Allegiance to the Flag.
Present: 14 Legislators. Excused: 1 (Legislator Sigler).
Presentation of Proclamation(s):
Chair Joseph presented the following proclamations:
Offender Aid and Restoration Month – June 2006 (OAR’s
30th Anniversary), to Michael Koplinka-Loehr on behalf of Jim Schecter,
Offender Aid and Restoration Director
Hunger Awareness Day – June 6, 2006, to Paul Hessler,
President and Chief Executive Officer of the Food Bank of the Southern
Tier and Marty Blodgett. Mr. Hessler noted that Tompkins County has
the third largest food distribution of the six counties served by the Food
Bank.
Privilege of the Floor by the Public
Fay Gougakis, City of Ithaca resident, spoke of legislation pending regarding human trafficking. She said there have been recent articles on the topic appearing in The New York Times. In addition, discussions are being undertaken by the State Department and the New York State Senate. Ms. Gougakis asked that Legislators contact Assemblyman Sheldon Silver and Senator Joseph Bruno. She then spoke out against the use of cell phones in the Tompkins County Public Library; indicating it is very disruptive to users of the facility. Ms. Gougakis again asked for County support to develop a policy that disallows use of cell phones in the library.
Privilege of the Floor by Legislators
Mr. Proto, District No. 7 Legislator, noted that today was the anniversary of the invasion at Normandy and asked that members take a moment to consider how fellow Americans participated in the event that helped others to be free. He reported that the New York State Senate passed legislation that will allow approximately 100 acres of the former Sampson Army Base/Airfield to be set aside as a Veteran’s Cemetery, and an additional 90 acres for the Finger Lakes Land Trust. He expressed appreciation for the Legislature’s support of this and stated the Assembly has a companion bill. On Thursday he will be in attendance at a meeting in Geneva to develop an advisory board regarding the Veteran’s Cemetery. Mr. Proto then expressed concern regarding eminent domain as it may apply to the proposed scenic walk around the south end of Cayuga Lake (Cayuga Lake Waterfront Trail). Several business owners have contacted him regarding this matter and he would like the City representatives to be aware of the concern and possibly discuss the matter with the individuals. Mr. Proto said he hopes to have discussions at the Planning, Development, and Environmental Quality Committee on the topic.
Mr. Koplinka-Loehr, District No. 11 Legislator, thanked all individuals who worked on the planning and implementation of the Community Diversity Roundtable. He said it was anticipated to have approximately 70 registrants, yet the registration was closed at 180. He commended all involved in this function.
Ms. Robertson, District No. 13 Legislator, reported on receiving a report on the Overlook at West Hill housing development that will provide leased housing at mixed-income levels. Fifteen percent of the housing is set aside for individuals/families at 30 percent of the median income, with the balance for individuals at 50 or 60 percent of median income. At this time, the lowest and mid-range units have been leased. Ms. Robertson then spoke of the commuter survey that has gathered information from Cornell University and downtown employees. The survey indicates the need for park and ride facilities near Pyramid Mall as well as in the Dryden area. Ms. Robertson commented that upon review of the May 16th Legislature meeting she disagreed with the comments that the 2005 election results were connected to setting of budgets, that five out of seven legislature are new because of retirements.
Mr. Stevenson, District No. 8 Legislator, announced that Soil and Water Conservation District will hold an Old Tire Collection Day on June 24th, 8 a.m. – 12:30 p.m., at the Town of Lansing Highway Barn. Any tire can be disposed of at the cost of $1.00.
Mrs. McBean-Clairborne, District No. 2 Legislator, announced that Saturday, June 10th is the Greater Ithaca Activities Center (GIAC) festival from 1 p.m. to 7 p.m., and encouraged all to attend. In addition, she also spoke of the Community Diversity Roundtable’s success. Mrs. McBean-Clairborne announced the Latino Civic Association Picnic will take place on June 11th at Stewart Park.
Mr. Booth, District No. 3 Legislator, addressed Ms. Gougakis’ topic of cell phone use in the library. He said the policy is determined by the Library Board of Trustees, but he does not understand why they have not amended the policy. Mr. Booth then reported on the topic of cellular telephones and phone calls through computers, noting it is important for individuals attempting to contact emergency services through these means to provide their location. He believes this will be a growing concern as more communications are handled in this manner. Mr. Booth also stated that the Supreme Court’s decision on eminent domain did not change the existing law in opinion of most experts.
Ms. Herrera, District No. 5 Legislator, announced that the Annual Brooklyn Picnic will take place on June 9th at Stewart Park. She then reported that Cornell University’s Olin Library has a no cell phone ruling, however, there is an enforcement problem associated with it. She recognized that Ms. Gougakis has repeatedly asked this be addressed and hopes it will be handled in a moderate manner.
Mr. Dennis, District No. 15 Legislator, reminded individuals that the Grassroots Festival will take place in July.
Ms. Robertson stated she believes that parents should have the ability to check on children’s location, but does not agree with long conversation of the cell phones within the library.
Report from Municipal Officials
Ms. Coles, Common Council Member, reported to the Legislature on City of Ithaca matters. She indicated that the issue of eminent domain has many processes prior to actual legal action regarding the Scenic Way. Mr. Proto indicated that the individuals desired the opportunity to present issues to the appropriate body. Ms. Coles said some have contacted her and indicated her willingness to speak to other individuals directly. She then reported a revised resolution regarding the City Density Policy was approved at committee and will be presented to Common Council on June 7th. She believes that amendments will benefit the community and noted it contains language that will review the community benefit of projects on a regular basis. Ms. Coles has volunteered to Chair a Design Review Subcommittee that will review what types of buildings are in a density area.
Ms. Coles spoke about the issue of pollution on West Hill, noting how she is amazed at how slow matters are taking, particularly test results. She reported Assemblywoman Lifton has assisted in passing legislation to halve the length of time for presentation of test results. Ms. Coles believes everyone should keep the matter forefront in the media to draw attention to this problem.
Other items reported by Ms. Coles included employment diversity training within all City Departments, development of a draft Request for Proposals for the Southwest Development to answer the need of 300 new housing units per year, and a pending decision on the City’s need for a new water treatment plant.
Mr. Booth said he hopes the density policy will eventually apply to other municipalities throughout the County; he believes it should apply to specifically designated areas in the city and the various illages. In addition, he hopes the process is not so cumbersome as to prevent consideration by potential developers. Mr. Booth said issues respecting hazardous waste pollution on South Hill are more common than realized. He believes the most serious difficulty in this State respecting hazardous waste is the limited capacity of the Department of Environmental Conservation to deal with the problem.
Chair’s Report
Mr. Joseph reported that the County cannot accept Schuyler County’s challenge for a cardboard boat race, however, he would like to offer a challenge to the City of Ithaca for a dragon boat race on July 17. Ms. Coles accepted on behalf of the City.
Presentation of the 20-Year Capital Program
Mr. Marx, Commissioner of Planning and Pubic Works, provided the Legislature with a handout and a Powerpoint presentation on the 20-Year Capital Program (on file in the Legislature Office). He explained the purpose of the capital plan is in recognition of the need for an approach to look at capital needs and investments. The presentation included information that outlined the County capital assets, debt and debt service, major capital needs, facility/infrastructure maintenance needs, enterprise operations, other potential needs, measuring fiscal impact, parameters for the plan, the 20-year plan outcomes, and issues for future consideration. He concluded by indicating that he believes the County can meet the capital needs of Tompkins County government and minimize the impact on taxpayers if the County carefully plans and schedules projects that stay within the plan’s parameters. He indicated it does not mean the plan cannot be modified in the future, however, whatever modifications are made should follow this framework and recognize the impacts of changes.
Following the presentation several items were discussed.
In response to a question by Mr. Joseph, it was noted that the $400,000
in additional funds for highway is not an annual increase but is a one-time
target increase in 2011.
Mr. Proto noted that decisions made by local colleges
may affect the County’s budget plans in the future. He also asked
how changes in assessment may effect the plan. Mr. Marx indicated
that the plan uses a two percent increase in the tax base as a realistic
assessment increase and not a market value actual increase.
Mr. Booth noted several items regarding the plan. The first was a suggestion that one of the criteria of the plan could be a consideration of the relationship between annual capital investment and annual depreciation in capital assets; the second was to add to the list of items for future consideration the assessment of the adequacy or inadequacy of the County’s capital assets in relation to the overall economic/social well-being of County residents; and third was to stress that while the plan can be modified it is important for the County to have the framework established by the plan. He noted the Budget and Capital Committee had discussed whether approval of the plan indicated approval of specific projects mentioned in the plan. He stated he did not believe the plan’s approval would constitute an approval of specific projects. He noted that this interpretation is supported by the following statement of the Plan’s goals:
“The goal of the Capital Plan is to guide the Legislature in making decisions regarding the community infrastructure needed to support the operations and responsibilities of Tompkins County government with a consistent and manageable level of public investment. The plan provides information from which the Legislature can determine the appropriate level of capital investment and make those investments in a manner that best utilizes, and conserves prior investments of, taxpayer dollars.”
Ms. Robertson asked if any of the land assets were unused property and was informed the term encompasses the land beneath the County facilities and infrastructure, and did not refer to vacant land. She also inquired about the highway’s approved capital plan, noting it had not been seen by members. Mr. Marx replied this was the first year of the highway capital plan and the department is devoted to meeting the most serious problems. He anticipates by the end of this construction season a more definitive plan will have been developed. Ms. Robertson stated that she would be willing to accept and not adopt the plan. Mr. Marx indicated that he strongly recommends adoption as it would provide a direction for the day-to-day work that is being completed and stress the importance of future work.
Mr. Joseph said he believes the plan should be adopted, and the Legislature should be aware it is their plan. He said modifications can be made in the future but the objective of adopting is that it clearly says it is what the Legislature wants to do.
Ms. Kiefer spoke of the various fiscal-impact parameters chosen by the Budget Committee, and asked which is the limiting one in the scenario presented. The 1-3 percent tax levy increase appears to be, but she noted that 2008 showed a 3.2 percent figure. She indicated a desire to see versions where some of those constraints were varied. Mr. Marx indicated that he could discuss this with individuals but that doing so would take a longer period of time. Ms. Kiefer also requested one or two additional priority scenarios for the Legislature to consider, noting that the Facilities and Infrastructure Committee reviewed building priorities, while the Budget and Capital Committee reviewed the funding aspect. She feels a chart showing various scenarios would assist the other members of the Legislature to better determine the plan. Ms. Kiefer also noted that one item listed for future consideration is the combined tax impact of whether other municipalities and school districts and asked whether other taxing entities such as schools would be addressed if a Council of Government is formed. Mr. Joseph said the group meeting has not included schools as no interest has been expressed as well as the fact district lines do not fit with municipal boundaries. He did indicate, however, the schools are included in the draft bylaws of the Council of Government, for future collaboration.
Mrs. McBean-Clairborne noted that due to the increasing board-out costs the Public Safety Building may become a high priority.
Ms. Robertson thanked Mr. Marx for his work and asked why the comparison of other counties and statewide averages for capital projects used 2003 data. Mr. Marx said those were the most recent data from the State Comptroller. She also suggested that various ways be reviewed to even out percentages. Mr. Marx stated he believes that can be done by Mr. Squires’ efforts in financing projects.
Report from the County Administrator
Mr. Whicher thanked Mr. Marx for his work on the plan over the past one to one and a half years. In addition, he expressed his appreciation to Kim Cutright, an intern in his office, for her assistance on the Diversity Plan; as well as the teams who assisted in the searches for Deputy County Administrator and Public Information Officer. Mr. Whicher introduced the new Public Information Officer, Marcia Lynch, and the new Deputy County Administrator, Paula Younger. Mr. Whicher requested an executive session to discuss personnel matters later in the meeting.
Report from the County Attorney
Mr. Wood, County Attorney, had no report. Ms. Kiefer inquired about the status of the Annual Financial Disclosure forms and was informed one form was overdue.
Report from the Finance Director
Mr. Squires, Finance Director, reported that the foreclosure auction was held and a total of seven properties were sold. Four of the seven properties were sold to adjacent landowners. He reported that although all properties were sold and will now be back on the tax rolls, due to the amount of overdue taxes, particularly on one property whose sale produced a $38,000 loss, the auction resulted in a $7,800 loss. Mr. Squires then reported the County has instituted a pilot public transportation program that will allow employees to utilize the Tompkins Consolidated Area Transit bus services through the use of a bus pass. He believes this will be budget-neutral but will increase ridership and provide environmental benefits.
Mr. Squires spoke of the option provided from the State to place a cap on county tax for fuel sales. He has done research regarding the topic and found that to do so would be costly to the county and municipalities who receive a portion of the tax as it could lose approximately $2 million per year in revenue from gasoline sales (based on $2/gallon). The County share of the loss would be approximately $575,000 per year. In addition, he indicated the cap would also include residential energy products and would increase the amount of lost revenue. He indicated six counties have taken action on the offer, however, there are many others who will not pursue the cap proposal.
Mr. Proto thanked those involved in providing bus passes to County employees. He inquired whether the numbers included within the Capital Program presentation reflected the State audit of County assets. He was informed by Mr. Squires that it did include these figures as well as depreciation. Mr. Proto asked for Mr. Squires’ opinion of the State’s audit of the Industrial Development Agency (IDA). Mr. Squires indicated it is a snapshot of a limited area looking only at job creation among IDAs. He said the incentives are much broader than just job creation. In some ways he feels it may be unfair as some businesses may not have been funded through IDA for only job creation. Mr. Squires said the IDA is reviewing the audit closely.
Ms. Kiefer inquired how long the pilot bus pass program will be and who will review the results upon completion. Mr. Squires stated it ends September 30th and anyone who would like to review the material may.
Ms. Mackesey said she would like to continue to determine how incentives for buses and carpooling could provide employees and the environment with a positive benefit.
Mr. Whicher explained the County has previously provided bus passes or reduced rates to individuals in the downtown complex due to limited parking. This pilot now extends the offer to all employees. He believes it will be an effective program. Mr. Joseph urged legislators to get a pass; it costs the County nothing unless you use it.
Mr. Booth stated he is in strongly favor of individuals riding buses. He inquired whether there could be implications of requiring the County to continue the program after the pilot period is over. Mr. Squires said discussion had occurred with bargaining units who understand this is strictly a pilot program and may not continue.
Ms. Herrera expressed congratulations to those involved in this pilot program, noting it is a good example of how staff can resolve an issue such as this.
Approval of Resolution(s) Under the Consent Agenda
It was MOVED by Mr. Proto, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present, to approve the following resolution(s) under the Consent Agenda:
RESOLUTION NO. 84 - AUTHORIZATION TO EXECUTE QUITCLAIM DEED – PROPERTY REDEEMED BEFORE COUNTY AUCTION
Moved by Mr. Proto, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present under the Consent Agenda.
WHEREAS, Tompkins County works with property owners
to allow them to redeem their homes prior to auction, now therefore be
it
RESOLVED, on recommendation of the Government Operations
Committee, That the County Administrator is authorized to execute a Quitclaim
Deed conveying property acquired by the County through 2005 tax foreclosures,
back to the previous owners upon payment of all back taxes, penalties,
interest and fees as follows:
City of Ithaca
14-3-2 Thomas Farrell
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RESOLUTION NO. 85 - AUTHORIZATION FOR PUBLIC HEARING - TOMPKINS CORTLAND COMMUNITY COLLEGE OPERATING BUDGET – 2006-2007
Moved by Mr. Proto, seconded by Mrs. McBean-Clairborne,
and unanimously adopted by voice vote by members present under the Consent
Agenda.
WHEREAS, Tompkins Cortland Community College is
a joint enterprise of Tompkins County and Cortland County whose budget
must be acted on by each county, now therefore be it
RESOLVED, on recommendation of the Budget and Capital
Committee, That a public hearing be held on June 20, 2006, at 5:30 o'clock
in the evening thereof in the Legislature’s Chambers of the Tompkins County
Courthouse, 320 North Tioga Street, Ithaca, New York concerning the 2006-2007
operating budget request for Tompkins Cortland Community College.
At such time and place all persons interested in the subject matter will
be heard concerning the same,
RESOLVED, further, That the Clerk of the Legislature
be and hereby is directed to place such notice of public hearing in the
official newspaper of Tompkins County.
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RESOLUTION NO. 86 - CREATION OF A PETTY CASH ACCOUNT - ITHACA TOMPKINS REGIONAL AIRPORT
Moved by Mr. Proto, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present under the Consent Agenda.
WHEREAS, a bank account
was created for the Ithaca Tompkins Regional Airport in 1956 and said bank
account was originally used to handle revenue collection and petty cash,
and
WHEREAS, revenues collection
is now handled by the Finance Department, and
WHEREAS, the County's
policies do not allow for bank accounts outside the direct control of the
Finance Department, and
WHEREAS, the Airport's
bank account has now been closed and the one thousand dollar ($1,000.00)
balance has been transferred to the Airport's fund balance under the control
of the Finance Department, and
WHEREAS, the Airport still
has a need to spend small amounts of money when a County credit card would
not be appropriate or convenient, now therefore be it
RESOLVED, on recommendation
of the Facilities and Infrastructure Committee, That the Legislature approve
and does hereby create a three-hundred dollar ($300.00) petty cash account
for the Airport, to be kept in the Airport's safe,
RESOLVED, further, That
the Finance Department makes arrangements to provide the Airport with three
hundred dollars, in cash, from the Airport fund balance.
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RESOLUTION NO. 87 - AUTHORIZATION TO EXECUTE CONSTRUCTION FUNDING AGREEMENT WITH NEW YORK STATE DEPARTMENT OF TRANSPORTATION (NYSDOT) – MCLEAN-CORTLAND ROAD RECONSTRUCTION – PHASE 2
Moved by Mr. Proto, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present under the Consent Agenda.
WHEREAS, a Project for the CR105, McLean-Cortland Road
Reconstruction – Phase 2, P.I.N. 375395, in the Town of Groton, (the Project),
is eligible for funding under Title 23 U.S. Code, as amended, that calls
for the apportionment of the costs of such program to be borne at the ratio
of eighty percent Federal funds and twenty percent non-Federal funds, and
WHEREAS, Resolution Nos. 164 of 1997 and 33 of 2002 approved
the Project and authorized execution of an agreement with the New York
State Department of Transportation regarding administration and funding
of Scoping, Design (Phases I-VI) and Right-Of-Way Incidentals, and
WHEREAS, the New York State Department of Transportation
requires the County appropriate one hundred percent of the project costs
and then file for reimbursement of eligible costs, and
WHEREAS, in order to expedite advancement of the Project
and realize potential total project cost reductions, the County of Tompkins
desires to advance the above project by making a commitment of 100 percent
of the non-Federal share of the costs of Construction, Construction Inspection,
and Supervision, now therefore be it
RESOLVED, on recommendation of the Facilities and Infrastructure
Committee, That the Tompkins County Legislature hereby approves the above-subject
project and authorizes the County of Tompkins to pay in the first instance
one hundred percent of the Federal and non-Federal share of the costs of
Construction, Construction Inspection, and Supervision work for the subject
Project or portions thereof,
RESOLVED, further, That the sum of $2,707,340 is hereby
made available within account HZ5103.59239.53.02, McLean Road Capital Project
Account, to cover the cost of participation in the Construction phase of
the Project,
RESOLVED, further, That in the event the full Federal-
and non-Federal share costs of the project exceed the amount appropriated
above, the Tompkins County Legislature shall convene as soon as possible
to appropriate said excess amount immediately upon the notification by
the New York State Department of Transportation thereof,
RESOLVED, further, That the Tompkins County Highway Manager
be and is hereby authorized to execute all necessary Agreements, certifications,
and reimbursement requests for Federal Aid and/or Marchiselli Aid on behalf
of the County of Tompkins with the New York State Department of Transportation
in connection with the advancement or approval of the Project and providing
for the administration of the Project and the municipality’s first instance
funding of Project costs and permanent funding of the local share of Federal-aid-
and State-aid-eligible Project costs and all Project costs within appropriations
therefore that are not so eligible,
RESOLVED, further, That a certified copy of this resolution
be filed with the New York State Commissioner of Transportation by attaching
it to any necessary Agreement in connection with the Project,
RESOLVED, further, That this resolution shall take effect
immediately,
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It was MOVED by Mr. Proto, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present, to approve the following appointment(s) under the Consent Agenda:
Advisory Board on Indigent Representation
William E. Furniss, Jr. - term expires December 31, 2008
Traffic Safety Committee
Thomas L. Ferretti - Village Police Official representative;
term expires December 31, 2008
Report and Presentation of Resolution(s) and Appointment(s) from the Planning, Development, and Environmental Quality Committee
Ms. Robertson, Chair, reported the Committee met on May 18th. The Committee was provided with a report of the Purchase of Development Rights program. The County will work with municipalities to train staff and develop easements for the program. Ms. Hackett, Planner, reported on the aquifer study, noting Danby joined in the study in 2005. In addition, as part of the study a new aquifer has been discovered in the Village of Dryden. Ms. Robertson reported the Committee has been informed by Mr. Marx that it does not appear that the STOP/DWI Program is best located in the Planning Department. She also reported the Town of Lansing has signed a contract for technical assistance to work on their zoning ordinance to meet denser development goals and implementation of their Comprehensive Plan. In addition, the Planning Department has participated in meetings with consultants developing the Cornell University Master Plan. Public meetings hosted by Planning staff will occur on May 22 and 23 on Natural Features Focus Areas, May 24 on Housing Needs Assessment, and June 8 on Scenic Resources Inventory. The next meeting will be on June 15th with a key topic being the IDA’s Density Policy. Ms. Kiefer noted the Scenic Resources Inventory meeting is for the public to have input and react to the criteria; she stressed attendance at this particular meeting.
RESOLUTION NO. 88 - APPROVAL OF AMENDMENT TO CONTRACT FOR BEAUTIFICATION, SIGNAGE, AND PUBLIC ART PROGRAM ENHANCEMENT
MOVED by Ms. Robertson, seconded by Ms. Herrera.
Mr. Proto referred to the resolution entitled Approval of Amendment to Contract for Beautification, Signage, and Public Art Program Enhancement, stating it reminded him of several items. He recalled an episode of tree encroachment within a right-of-way on Turkey Hill Road where the County was concerned about a row of trees that presented a safety issue. The property owners were not agreeable to the County removing them. He felt that perhaps the County Highway Manager and Town Supervisors should be provided an opportunity to review the planting plans to be certain it would not create a hazardous situation. In addition he spoke of an evaluation report that was to be completed by the Chamber of Commerce regarding the Strategic Tourism Planning Board’s programs, in particular, the importance of knowing how much of these funds are spent for work on the Commons area and whether the City of Ithaca Public Works Department would be taking over the responsibilities at a certain point. He recalled assurance that the report would be shared in 2006 and expressed his interest in seeing it as well as having it come forward to the full Legislature this year.
Ms. Herrera stated she will address Mr. Proto’s concerns about the report at the STPB meeting on June 7th. She noted the resolution that was referred to dealt with beautification projects in towns, not the City. In addition, she said the grants require in-kind donations from recipients. She said it enables tourists and residents to have beauty throughout the County, particularly gateways to the County.
Ms. Robertson reported that the STPB Program Review will take place at the September meeting. She also noted the resolution before the Legislature does not include any funding for the City. With regard to highway departments, she noted Chrys Gardner went outside the County and drove back into each town, taking photographs of how each gateway appears. She then provided a computerized presentation that included these views to each town board. Ms. Robertson indicated the developed their plans which Ms. Gardner. Ms. Robertson said she could have Ms. Gardner could contact the highway supervisors if desired.
Mrs. McBean-Clairborne expressed her belief that the City should remain a participant of the program as it produces many of the funds used for the Beautification Program. She spoke of the large amount of African-American history and asked the matter of historic signage be looked into, noting the AME Zion Church is in the Historic Register as well as many other buildings. Ms. Herrera appreciated the thought of the possibility of an historic walk as an attraction.
Mr. Booth said he believes that adopting any program such as this does not limit any highway supervisor’s authority to determine an area is unsafe and to take what is determined to be appropriate action. Mr. Wood said he believed that work done within a right-of-way with these funds would not legally restrict a highway superintendent’s authority.
Ms. Kiefer expressed appreciation for the amount of detail provided. She is troubled with language contained within the introduction material that indicated the downtown beautification in front of private property is being done as it is assumed private business would not participate in planting in public space. Ms. Kiefer said there are municipalities such as the Town of Groton that have private businesses participating and therefore she would like to see it a requirement for business participation rather than expect the County to do so. She also expressed concern regarding two projects: (1) Warren Road/Route 13; and (2) Lansing Central School. She believes that intersection is not appropriate as it may create a sight hazard, and the does not believe it should be done at a school entrance as that is normally done by schools, parent-teacher organizations, etc.
It was MOVED by Ms. Kiefer, seconded by Mr. Proto, to separate the Warren Road/Route 13 and Lansing Central School projects from the original resolution. Ms. Herrera said she travels the Warren Road/Route 13 intersection and believes it will enhance the area; she will also support the proposal at Lansing Central School as there is a lot of traffic in the area. A voice vote resulted as follows: Ayes – 1 (Legislator Kiefer); Noes – 13; Excused – 1 (Legislator Sigler). MOTION FAILED.
A voice vote on the resolution resulted as follows: Ayes – 14, Noes – 0, Excused – 1 (Legislator Sigler). RESOLUTION ADOPTED.
WHEREAS, the 2006 budget authorized spending $90,000
from the Room Tax Fund for the County Beautification, Signage, and Public
Art Plan to further the County's tourism program, and
WHEREAS, the scope of services for the Beautification,
Signage, and Public Art Plan requires expertise in the area of landscape
planning and architecture that is possessed by staff at Cooperative Extension
and other sub-contractors of the Chamber of Commerce, and
WHEREAS, the Chamber of Commerce wishes to lead this
project to completion by accepting the revenue to contract out the work
with those who have expertise in this area, and
WHEREAS, there is a desire to enhance the existing program
by completing plantings in 2006 for all of the towns for the most positive
impact, and
WHEREAS, the Planning, Development, and Environmental
Quality Committee voted in favor of the concept at its February 2006
meeting, now therefore be it
RESOLVED, on recommendation of the Planning, Development,
Environmental Quality Committee, That the County Administrator or his designee
is authorized to execute an amendment to the Chamber of Commerce tourism
promotion contract for $29,945 to carry out the tasks outlined in the proposal
dated February 2006, and that such funds shall be paid from the Room Tax
Reserve account.
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Appointment(s)
It was MOVED by Ms. Robertson, seconded by Mr. Herrera, to approve the following appointment. Mr. Proto stated he requested the appointment be removed from the Consent Agenda in order to discuss the appointment process. He noted previous discussions addressed canvassing through a variety of means and wanted to know what method of advertising was done for the appointments. Ms. Robertson indicated that upon receiving information that the positions were still unfilled and knowing rural representation, particularly in business, was desired, she offered several suggestions to Mr. Marx, one of which was accepted by the present nominee. Mr. Proto stated there are at least seven rural representatives on the Legislature who could also have offered suggestions. It was noted all Legislators receive a list of vacancies several times a year. Ms. Kiefer said she believed Mr. Proto had a valid point, that finding representatives for the Planning Advisory Board is done primarily by current members, and that the existence of vacancies could be more widely advertised, as is done form some other advisory boards.
A voice vote on the motion resulted as follows: Ayes – 12; Noes – 2 (Legislators Hattery and Proto); Excused – 1 (Legislator Sigler). Appointment approved.
Planning Advisory Board
Athena Kalandros - Business representative; term expires
December 31, 2006
It was MOVED by Ms. Robertson, seconded by Ms. Herrera, and unanimously adopted by voice vote of members present, to approve the following appointment.
Planning Advisory Board
John Spence - Housing representative; term expires December
31, 2008
Report and Presentation of Resolution(s) from the Personnel Committee
Mr. Dennis expressed appreciation to the negotiations team and arbitrator for the work completed that brings forth the following resolution.
Mr. Booth temporarily out of room.
RESOLUTION NO. 89 – RATIFICATION OF BARGAINING AGREEMENT CORRECTION OFFICER LOCAL 2062 UNION
MOVED by Mr. Dennis, seconded by Mr. Shinagawa. A short roll call resulted as follows: Ayes – 13; Noes – 0; Temporarily Out of Room – 1 (Legislator Booth), Excused – 1 (Legislator Sigler). RESOLUTION ADOPTED.
WHEREAS, Correction Officer’s Unit has been working
without a contract since January 1, 2006, and
WHEREAS, Tompkins County and Correction Officers
Local 2062 Union have negotiated a new contract, now therefore be it
RESOLVED, on recommendation of the Negotiating
Committee, That the bargaining agreement between Tompkins County and the
Local 2062 Union, Correction Officers, for the years 2006, 2007, and 2008
is hereby ratified.
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Report and Presentation of Resolution(s) from the Government Operations Committee
Mr. Booth returned at this time.
Ms. Herrera, Chair, said the Committee met on May 17th at the History Center, and prior to the Legislature meeting. They will meet again on June 21st at the Old Jail Conference Room. She noted the work of the Committee is reflected by the resolutions presented.
RESOLUTION NO. 90 – AMENDMENT OF RESOLUTION NO. 44 OF 2004 – AUTHORIZATION TO ESTABLISH BUSINESS VISA CREDIT CARD ACCOUNTS WITH TOMPKINS TRUST COMPANY
MOVED by Ms. Herrera, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present. Mr. Proto noted he requested the resolution be removed from the consent agenda so that he could disclose his spouse is employed by the Tompkins Trust Company.
WHEREAS, Tompkins Trust Company requires the Tompkins
County Legislature to adopt a resolution authorizing the County's credit
card accounts, and
WHEREAS, Resolution No. 44 of 2004 authorized the Director
of Finance to establish Business Visa Credit Accounts with the Tompkins
Trust Company for Tompkins County employees to use for approved County
purposes and the aggregate credit limits for such accounts not to exceed
$100,000, and
WHEREAS, there is a need to increase the aggregate
credit limit for such accounts, now therefore be it
RESOLVED, on recommendation of the Government Operations
Committee, That the Director of Finance is hereby authorized to establish
Business Visa Credit Accounts with the Tompkins Trust Company for Tompkins
County employees to use for approved County purposes and the aggregate
credit limits for such accounts shall not exceed $150,000.
SEQR ACTION: TYPE II-20
RESOLUTION NO. 91 - ADOPTION OF REVISED ADMINISTRATIVE POLICY 01-19 - EMERGENCY ACTION PLAN
MOVED by Ms. Herrera, seconded by Mr. Stevenson. Ms. Kiefer requested it be removed from consent agenda to provide the ability to call legislators’ attention to manifest corrections. A voice vote on the resolution resulted as follows: Ayes – 14; Noes – 0; Excused – 1 (Legislator Sigler). RESOLUTION ADOPTED.
WHEREAS, the County Emergency Action Plan policy
required revision to more accurately reflect current existing regulations,
procedures, and directives, now therefore be it
RESOLVED, on recommendation of the Public Safety
and Government Operations Committees, That the following Administrative
Policy is hereby revised and adopted:
01- 19 Emergency Action Plan
SEQR ACTION: TYPE II-20
RESOLUTION NO. 92 – AUTHORIZATION TO EXECUTE QUITCLAIM DEEDS – SALE OF FORECLOSURE PROPERTIES AT PUBLIC AUCTION
MOVED by Ms. Herrera, seconded by Ms. Robertson, and unanimously adopted by voice vote by members present.
WHEREAS, by tax foreclosure proceedings, the County
acquired certain parcels in the County, and
WHEREAS, said properties were sold, contingent
upon Legislature approval, at public auction on May 16, 2006, now
therefore be it
RESOLVED, on recommendation of the Government Operations
Committee, That upon payment in full of the bid price, plus current taxes
and filing fees, that the County Administrator be and hereby is authorized
to execute quitclaim deeds for all parcels sold at the public auction.
SEQR ACTION: TYPE II-20
RESOLUTION NO. 93 – APPROPRIATION FROM CONTINGENT FUND – TERMINAL PAY – BOARD OF ELECTIONS
MOVED by Ms. Herrera, seconded by Mr. Proto. A short roll call resulted as follows: Ayes – 14; Noes – 1; Excused – 1 (Legislator Sigler). RESOLUTION ADOPTED.
WHEREAS, the Board of Elections had a Deputy Commissioner
resign effective January 24, 2006, and
WHEREAS, the Fiscal Policy of Tompkins County allows
for terminal pay from the Contingent Fund, now therefore be it
RESOLVED, on recommendation of the Government Operations
and Budget and Capital Committees, That the Director of Finance is hereby
authorized and directed to make the following budget appropriation:
FROM: A1990.54440 Contingent
Fund $6,816
TO: A1450.51000175 Deputy Commissioner
$4,903
A1450.58800 Fringes
$1,913
SEQR ACTION: TYPE II-20
Ms. Herrera advised members of the Legislature that the Committee has held discussions regarding an advisory board policy review, including residency requirements. The Committee will continue with a review of advisory board policies and anticipates completion by the end of the year.
Report from the Budget and Capital Committee
Mr. Koplinka-Loehr, Chair, reminded members of the Library Budget Presentation that will take place on June 19th in the Borg Warner Room of the Library. He reported that due to timing, there will be two periods to request rollover funds; once at this month’s committee meetings, and the second period will be during the July committee meetings and to the Legislature in August. He said following the budget retreat, discussions have been held to determine how to implement it. County Administration has been requested to come back to the Committee with a variety of tools of how to achieve the goal, setting the fiscal target at 0, slightly above 0, etc. He said there will be discussions of what targets to set for departments. Ms. Robertson asked why the 2.8 percent tax levy increase wouldn’t be used. Mr. Koplinka-Loehr explained there is an approximate $1 million gap within the budget; if targets are set below 2.8 percent it would allow more choices at budget time.
Report from the Strategic Planning Committee
Mr. Koplinka-Loehr, Chair, said the Committee has not met. At this time its work has been handed off to the Management Team to implement.
Report from the Public Safety Committee
Mr. Booth, Vice Chair, reported the Committee met June 1st. He noted four topics. First, the annual report for the Probation Department was presented by Ms. Leinthall, which has a great deal of information to review. Second, an update on Avian Flu was provided by Ms. Cole, Public Health Director, and Mr. Shurtleff, Emergency Response Director; emergency responders and Department Heads will move forward with their various planning efforts. He noted that other decisions regarding the County’s potential response to an avian flu emergency that will need to be made include how to utilize volunteers in the County work force in various emergency functions, what offices to keep open, and what training is necessary to allow County employees to participate in emergency functions. Third, Mr. Booth reported that construction of the communication towers will begin later this month. Fourth, he mentioned there will eventually be a vote by the Legislature to authorize the Administration to sign a contract to oversee the criminal justice data-sharing project. He noted it is important that the group involved be responsible for policy and administration of this information system.
Mr. Proto spoke of the bicycling event that recently took place in the Town of Caroline and part of Tioga County. He indicated emergency service providers, including the Sheriff’s Department, were not informed. Mr. Proto said it is his understanding that eleven incidents requiring ambulance occurred during this event. He is concerned and would like to establish a form of communication between event planners and emergency responders. Mr. Booth said no approval is normally required unless the participants exceed a particular number, then only Health Department approval is required. Mr. Hattery noted some other municipalities have permit policies in place. Mr. Stevenson stated the Town of Enfield has a Mass Gathering ordinance that can be viewed on their website. Ms. Mackesey expressed her concern that there is a lot of work being done by various sectors. She feels there are limited resources and the topic should be discussed in the appropriate committee.
Mr. Proto then spoke of a recent Department of Environmental Conservation long-range plan for the 18,000 acre State Forest, 11,000 of which are in his district. He stated that areas of Shindagin Hollow and Potato Hill were designated as mountain biking areas. On weekends these are highly used and due to the terrain, small emergency responder communities find it difficult to easily reach the sites.
Mrs. McBean-Clairborne spoke of information received
regarding the Red Cross Emergency Response Presentation that will simulate
an emergency drill, and she noted the report on Gang Activities in New
York is available.
Report from the Workforce Diversity and Inclusion
Committee
Mrs. McBean-Clairborne, Chair, reported the Committee met May 24th and brought back the resolution on the Diversity Statement to be included in the policy manual. Upon acceptance by the Committee, the revised resolution and information pertaining to it will come before the Legislature.
Report from the Health and Human Services Committee
Mr. Proto, Chair, reported the Committee meets on June 7th, with a full agenda. He called attention to the Red Cross Emergency Response Presentation, on June 16th from 5:00 p.m. to June 17th at noon, at the Holy Cross Church on George Road, noting it was to simulate a small-scale windstorm in the Town of Dryden. He thought it would be a good exercise to view the volunteers in action.
Report from the Facilities and Infrastructure Committee
Mr. Randall, Chair, reported the Committee met May 23rd. At that time information was provided by C & S Engineers regarding an extension of the airport runway in order to meet Federal regulations requiring 1,000 feet to allow for overrun and landing. He reported Mr. Sczesny, Highway Manager, gave cost comparisons of last year and current year for fuel and materials. Mr. Randall reminded members that the Highway Tour will take Place on June 13th from 1:00 p.m. to 4:00 p.m. The Committee will meet again on June 27th.
Approval of Minutes
It was MOVED by Ms. Mackesey, seconded by Ms. Kiefer, and unanimously adopted by voice vote by members present, to approve the minutes of May 16, 2006, as submitted. MINUTES APPROVED.
Recess
Chair Joseph declared recess from 8:20 p.m. to 8:30 p.m.
Executive Session
It was MOVED by Mr. Dennis, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, to enter into executive session at 8:30 p.m. to discuss a personnel matter. The meeting returned to open session at 9:00 p.m.
Adjournment
On motion the meeting adjourned at 9:00 p.m.
Respectfully submitted, Karen Fuller, Deputy Clerk