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: 13 Legislators. (Legislator McBean-Clairborne arrived at 5:40 p.m.) Excused – 2 (Legislators Booth and Kiefer).
Privilege of the Floor by the Public
Bernie Hutchins, Town of Ithaca resident, spoke of difficulty he has had regarding a right-of-way dispute. He reiterated information provided when he attended the April 18, 2006, Legislature meeting as well as recent correspondence and discussions with Tompkins County staff members. Mr. Hutchins indicated he has written to the New York State Attorney General and is also seeking assistance from his elected officials.
Privilege of the Floor by Legislators
Ms. Robertson, District No. 13 Legislator, spoke of her recent viewing of An Inconvenient Truth, featuring Al Gore, that details information relating to global warming. She spoke of how it opened her eyes and how many simple things such as changing light bulbs to compact fluorescent bulbs and other easy choices can reduce carbon dioxide output. Ms. Robertson encouraged individuals to view the movie and noted the website www.climatecrisis.net has many suggestions to help save the planet.
Mr. Proto, District No. 7 Legislator, extended his gratitude to William Sczesny, Highway Manager, Lee Shurtleff, Emergency Response Director, Mr. Whittemore and Mr. Sincebaugh of the Highway Division, and others who worked very hard during the recent flooding in the Town of Caroline. He said representatives of the Federal Emergency Management Agency (FEMA) and State Emergency Management Office (SEMO) have been on hand to view the damage and make a determination of assistance. Mr. Proto thanked all County staff assisting in this emergency and noted that a former project (Bierlli) along Six Mile Creek was successful with very little gravel going into the creek; he expressed gratitude to Kate Hackett, Planner, for her work on the project.
Mrs. McBean-Clairborne arrived at this time.
Individual Member-Filed Resolution
RESOLUTION NO. 108 - AWARD OF TOURISM CAPITAL GRANTS FROM ROOM OCCUPANCY TAX FUND
It was MOVED by Mr. Koplinka-Loehr, seconded by Ms. Herrera. Mr. Koplinka-Loehr said although he had previously voted against the grant, he brought the matter forward for consideration due to the amendment of the award which he believes the amount will not adversely affect the operational budget as well as more accurately reflects the portion of the building utilized by the Convention and Visitor’s Bureau. It was noted the expansion of the building went from 4,100 sq.ft. to 6,200 sq. ft., with the Convention and Visitor’s Bureau utilizing sixty percent.
A roll call vote resulted as follows: Ayes – 7 (Legislators Dennis, Herrera, Koplinka-Loehr, Robertson, Shinagawa, Sigler, and Stevenson); Noes – 6 (Legislators Hattery, Joseph, Mackesey, McBean-Clairborne, Proto, and Randall); Excused – 2 (Legislators Booth and Kiefer). RESOLUTION FAILED.
In response to an inquiry from Mr. Proto regarding bringing forward resolutions already voted upon, Mr. Wood, County Attorney, indicated if a resolution fails it may be brought back within the meeting or the following meeting; if a resolution is amended and presented as new, there is no ruling on the number of times it can be brought forward.
WHEREAS, the County has entered into an agreement
with Tompkins County Area Development (TCAD) to administer the Tourism
Capital Grants Process, which included designing the application process,
reviewing and analyzing the feasibility and economic impact of tourism
projects, and providing oversight for tourism projects, and
WHEREAS, funding exists within the Room Tax Occupancy
budget for Tourism Capital Grants, and
WHEREAS, TCAD reviewed the following project with
the Strategic Tourism Planning Board (STPC), and the STPB anticipates that
the following project will encourage the development of tourism products
and attractions in order to improve community assets, increase the tourism
business in the County and increase the income from the Room Occupancy
tax, and the grant award has been reviewed and recommended by the STPB,
now therefore be it
RESOLVED, That the County Administrator or his
designee is authorized to sign all documents related to the project:
Entity Project 2006 Allocation 2007-2010 Allocation Total
Allocation
Chamber of Commerce Expansion of Convention and Visitors
Bureau building $12,000 $12,000/yr $60,000
RESOLVED, further, That, the total program amount
of $1,200 annually (10 percent of program expenditures) shall be paid to
TCAD for administrative evaluation and oversight services.
SEQR ACTION: TYPE II-20
Report from the Chair
Mr. Joseph, Chair, reported that earlier in the
day he signed a declaration of public emergency that would enable the purchase
of equipment and supplies without the bidding requirement. This will
apply to particular repairs resulting from the flooding that occurred within
the County. He then reported that he received correspondence from
Air Service Board member, Larry Baum, stating that the minimum guarantee
previously made in the Air Service Development Agreement with Northwest
Airlines has been reached. This means that the individuals and businesses
who guaranteed funding in the event of a loss of revenue for the airlines
will not be required to provide funds.
Mr. Sigler inquired who will be the purveyor for
the equipment and material needed to do the emergency repair work.
Mr. Joseph said it is unknown at this time, however the culvert will be
purchased by Friday.
Report from the County Administrator
Mr. Whicher, County Administrator, reported he has worked with the SEMO and FEMA representatives and it was determined that approximately $2.2 million in damage occurred, primarily in the Town of Caroline. This could lead to some substantial State and Federal aid for this area. In addition, Mr. Whicher reported he has worked with a subcommittee of department heads and administration to determine how to best operate in the event of a building closing. He will be forwarding a report prepared by LaBella on to the Facilities and Infrastructure Committee. Mr. Whicher said Mr. LeMaro and his staff are to be commended for their assistance in the preparation of the report.
Report from the County Attorney
Mr. Wood, County Attorney, reported he received an e-mail from the Governor’s Council requesting comments on the pending legislation for tax on real estate transfers. He said it is typical to receive this request, to which he replied affirmatively, and it indicates that the legislation is proceeding.
Report from the Finance Director
Mr. Squires, Finance Director, reported that next week he will be marketing $8.6 million in bond anticipation notes. This issue has an interest rate of four percent, which is higher than two years ago when the interest rate was one percent. He is hopeful that there may be competition and it will result favorably for the County.
Addition of Resolution(s) to the Agenda
There were no resolution(s) added to the agenda.
Withdrawal of Resolution(s) from the Agenda
There were no resolution(s) withdrawn from the agenda.
Approval of Resolution(s) Under the Consent Agenda
It was MOVED by Mr. Proto, seconded by Ms. Mackesey, and unanimously adopted by voice vote by members present, to present for approval the following resolutions under the Consent Agenda:
RESOLUTION NO. 109 - BUDGET TRANSFERS – ADMINISTRATION
MOVED by Mr. Proto, seconded by Ms. Mackesey, and unanimously adopted by voice vote by members present under the Consent Agenda.
WHEREAS, a budget transfer from personnel budget line
is requested, now therefore be it
RESOLVED, on recommendation of the Government Operations
Committee, That the Director of Finance be directed to make the following
budget transfers on his books:
Administration
Revenue Acct
Title
Amt Approp Acct
Title
1230.51000318 Account Clerk/Typist $5,000
1230.52206 Computer Equipment
1230.51000318 Account Clerk/Typist $3,000
1230.52214 Office Furnishings
1230.51000318 Account Clerk/Typist $2,500
1230.54400 Program Expenses
Explanation: Our office is in need of a laptop
computer and docking station for the new Deputy County Administrator.
We need to replace our color printer. Our office is in need of office
furniture for the Deputy County Administrator. Our office is working
with Public Information to provide video streaming for Legislature meetings
and internet capability for the Legislature.
SEQR ACTION: TYPE II-20
RESOLUTION NO. 110 - AUTHORIZING A 20-YEAR LEASE WITH EAST HILL FLYING CLUB–ITHACA TOMPKINS REGIONAL AIRPORT
MOVED by Mr. Proto, seconded by Ms. Mackesey, and unanimously adopted by voice vote by members present under the Consent Agenda.
WHEREAS, the East Hill Flying Club ("EHFC") has been a
tenant in good standing at the Ithaca Tompkins Regional Airport ("the Airport")
since 1960, and
WHEREAS, the most recent lease agreement signed in 1991
by the County of Tompkins expires on July 31, 2006, and
WHEREAS, EHFC has indicated its desire to continue to
be a tenant at the Airport, and
WHEREAS, the Air Service Board has reviewed the
EHFC request and thoroughly endorses a lease renewal, and
WHEREAS, there will be an increase in the size of the
leasehold from 32,905 square feet to 38,792 square feet to provide adequate
parking space for EHFC aircraft, otherwise all terms and conditions remain
substantially the same, now therefore be it
RESOLVED, on recommendation of the Facilities and Infrastructure
Committee, That the County of Tompkins sign a lease agreement with EHFC
for a term of twenty (20) years from August 1, 2006, until July 31, 2026,
and that the County Administrator be and hereby is authorized to sign said
lease agreement.
SEQR ACTION: TYPE II-20
RESOLUTION NO. 111 - AWARD OF 5-YEAR ENGINEERING CONSULTING AGREEMENT - ITHACA TOMPKINS REGIONAL AIRPORT
MOVED by Mr. Proto, seconded by Ms. Mackesey, and unanimously adopted by voice vote by members present under the Consent Agenda.
WHEREAS, there is an ongoing
need to employ a specialized firm of engineering consultants for various
airport projects that are funded by federal and state grants, and
WHEREAS, the Federal Aviation
Administration (FAA) and the New York State Department of Transportation
(NYSDOT), in recognition of the need for a thorough knowledge of the airport
environment require that engineering consultants be selected on the basis
of qualifications and not by price, and
WHEREAS, the FAA and NYSDOT
recognizing the desire for continuity when completing a series of projects,
allow airport sponsors to select a firm of engineering consultants for
a five-year period, and
WHEREAS, said selection
for a five-year period will allow the County, if it so chooses, to award
all FAA/NYSDOT funded engineering contracts during that time to the selected
consultant without the need to issue Requests for Qualifications (RFQs)
for individual projects, and
WHEREAS, the County may
also, at its option and without cause, elect to use the services of other
qualified airport engineering consultants during the five-year period,
rather than the services of the selected consultant, and
WHEREAS, a Request for
Qualifications (RFQ) was issued on March 29, 2006, to the four qualified
airport engineering consultants in New York State and three responses were
received, and
WHEREAS, the three sets
of qualifications were reviewed by airport management and by the Air Service
Board (ASB) and the unanimous recommendation from the ASB and the airport
staff is to award the contract to C&S Engineers of Syracuse, New York,
now therefore be it
RESOLVED, on recommendation
of the Facilities and Infrastructure Committee, That the County Administrator
be and hereby is authorized to sign a five-year agreement for engineering
services at the Ithaca Tompkins Regional Airport with C&S Engineers,
Inc., of Syracuse, New York, from July 1, 2006, through June 30,
2011.
SEQR ACTION: TYPE II-20
RESOLUTION NO. 112 - APPROVAL OF CONTRACT FOR TOURISM RECOGNITION AWARDS PROGRAM
MOVED by Mr. Proto, seconded by Ms. Mackesey, and unanimously adopted by voice vote by members present under the Consent Agenda.
WHEREAS, the Tompkins County Tourism Program owes
its success to the alliance of tourism partners and supporters, and
WHEREAS, the Strategic Tourism Planning Board (STPB)
and the Planning, Development, and Environmental Committee (PDEQ) wish
to recognize individuals, organizations, and associations who through their
actions or activities have made an impact on the local economy by attracting
conventioneers and visitors to Tompkins County, and
WHEREAS, the STPB and the PDEQ desire to establish a
recognition reward program that includes the purchase of an engraved brick
or paver for each award, and each will be placed on the Cayuga Waterfront
Trail, and
WHEREAS, there are funds available within the room
tax budget for a 2006 partial year cost of approximately $1,200, and future
years’ expense of approximately $2,750 annually, now therefore be it
RESOLVED, on recommendation of the Planning, Development,
Environmental Quality and the Budget and Capital Committees, That this
program is favorably endorsed and that the Legislature approves the establishment
of the recognition award program,
RESOLVED, further, That upon notice of awards by the
STPB, the Legislature will authorize the County Administrator or his designee
to execute an agreement with the Tompkins County Chamber of Commerce Foundation
for the purchase of up to eight Cayuga Waterfront Trail bricks or pavers
for 2006 at a cost not to exceed $1,200, and up to $2,750 in future years,
RESOLVED, further, That the Finance Director is authorized
to move the 2006 funds ($1,200) from the Room Tax Reserve account into
account 6475.54444.
SEQR ACTION: TYPE II-20
Report and Presentation of Resolution(s) from the Government Operations Committee
Ms. Herrera, Chair, reported the Committee will meet next on July 19th at 3:00 p.m., at which time it will continue to have discussions regarding appointments to advisory boards. She noted there is varied opinion of whether a member should be required to reside within the County, and that perhaps bylaws or Legislature policy could be amended to indicate specific positions that could have a non-resident appointment. In addition, a review of administrative policies will be taking place, with the first review being minutes of the Legislature.
RESOLUTION NO. 113 – INCREASE IN HOURS - PARALEGAL AIDE - OFFICE OF HUMAN RIGHTS
MOVED by Ms. Herrera, seconded by Ms. Robertson. Ms. Herrera noted this is to correctly reflect the work that is being done within the department. A voice vote on the motion resulted as follows: Ayes – 10; Noes – 3 (Legislators Hattery, Randall, and Sigler). RESOLUTION ADOPTED.
WHEREAS, the Director of Human Rights is taking on additional
duties as a Deputy County Administrator, and
WHEREAS, the Director of Human Rights desires to maintain
a reasonable level of service to the taxpayer and can only accomplish that
goal by increasing the standard work week of a Paralegal Aide position
from 17.5 hours per week to 35 hours per week, and
WHEREAS, such a change would be beneficial to the organization
and would result in no change to the budget, now therefore be it
RESOLVED, on recommendation of the Government Operations
and Budget and Capital Committees, That the approved hours for one position
of Paralegal Aide (10-619) shall be increased from 17.5 hours per week
to 35.0 hours per week effective immediately.
SEQR ACTION: TYPE II-20
RESOLUTION NO. 114 – URGING PRESIDENT BUSH TO STOP WARRANTLESS SURVEILLANCE OF AMERICANS AND TO FOLLOW THE FOREIGN INTELLIGENCE SURVEILLANCE ACT
MOVED by Ms. Herrera, seconded by Ms. Robertson. Mr. Sigler said he would like to have the resolution withdrawn as he believes there is a great deal of case law indicating the actions of the President are legal. In addition, he believes the matter should not be discussed at the County level, but rather allowing the matter to be left to the Federal courts, as the Supreme Court Justices are more qualified.
It was MOVED by Mr. Sigler, seconded by Mr. Hattery, to table the resolution. A voice vote on the motion resulted as follows: Ayes – 6 (Legislators Hattery, Proto, Randall, Sigler, Shinagawa, and Stevenson); Noes – 7 (Legislators Dennis, Herrera, Joseph, Koplinka-Loehr, Mackesey, McBean-Clairborne, and Robertson); Excused – 2 (Legislators Booth and Kiefer). MOTION LOST.
Mr. Sigler then provided written material to defend his position regarding the legality of surveillance measures. Mr. Shinagawa wanted to make it known that it had been his intention to vote no on the motion to table the resolution. Ms. Herrera noted the resolution passed by a three to two margin at Committee and believed it was good to discuss the differences of opinion. Ms. Mackesey disagreed with Mr. Sigler that the matter should be left to the Federal government and believes every American should speak out against matters they believe to be wrong. Ms. Mackesey recalled the laws were developed due to wrongful actions and she is appalled at what is presently occurring. She said as a citizen, we have an obligation to express our opinion and displeasure when necessary and pass it along. Ms. Robertson agreed with Ms. Mackesey’s statements and spoke of a recent Congressional hearing where Attorney General Alberto Gonzales was quoted as citing that many Presidents have used electronic surveillance, including Washington, Lincoln, and Roosevelt. Ms. Robertson pointed out the case law cited in Mr. Sigler’s presentation was prior to the passage of FISA in 1989. She believes that the resolution includes language that is appropriate and will support it.
It was MOVED by Mr. Stevenson, seconded by Mr. Shinagawa, to call the question. A voice vote resulted as follows: Ayes – 9 (Legislators Dennis, Herrera, Koplinka-Loehr, Mackesey, McBean-Clairborne, Randall, Robertson, Shinagawa, and Stevenson); Noes – 4 (Legislators Hattery, Joseph, Proto, and Sigler); Excused – 2 (Legislators Booth and Kiefer). MOTION CARRIED.
A voice vote on the resolution resulted as follows: Ayes - 9 (Legislators Dennis, Herrera, Joseph, Koplinka-Loehr, Mackesey, McBean-Clairborne, Randall, Robertson, and Shinagawa); Noes – 4 (Legislators Hattery, Proto, Sigler, and Stevenson); Excused – 2 (Legislators Booth and Kiefer). RESOLUTION ADOPTED.
WHEREAS, the welfare and security of all residents
of Tompkins County depends upon the maintenance of a vigorous democracy
under law, in which the branches of government work effectively and cooperatively
together, and
WHEREAS, the Fourth Amendment of the United States
Constitution states: “The right of the people to be secure in their
persons, houses, papers, and effects, against unreasonable searches and
seizures, shall not be violated, and no Warrants shall issue, but upon
probable cause, supported by Oath or affirmation, and particularly describing
the place to be searched, and the persons or things to be seized,” and
WHEREAS, the Foreign Surveillance Act of 1989 (FISA)
regulates electronic surveillance within the United States, with the goal
of striking a proper constitutional balance between protection of civil
liberties and safeguarding national security, and
WHEREAS, FISA provides a legal mechanism for the
United States government to engage in surveillance of a foreign power or
of an agent of a foreign power in instances when it is likely that the
surveillance will acquire the contents of a communication with a United
States-based person, and
WHEREAS, FISA and specified provisions of the federal
criminal code spell out the exclusive means by which electronic surveillance
may be conducted, and federal law makes criminal any electronic surveillance
not authorized by statute, and
WHEREAS, FISA provides specific exceptions that
allow the President to authorize warrantless electronic surveillance for
foreign intelligence purposes in emergency situations, provided an application
for judicial approval from a FISA court is made within seventy-two hours
and within fifteen calendar days following a declaration of war by Congress,
and
WHEREAS, President Bush has directed the National
Security Agency (NSA) to conduct secret and warrantless electronic surveillance
of persons within the United States without any plausible legal authority
for such surveillance, and this appears to be in direct violation of FISA
and the Fourth Amendment to the United States Constitution, and
WHEREAS, those actions diminish the rule of law
and do not enhance national security, now therefore be it
RESOLVED, on recommendation of the Government Operations
Committee, That the Tompkins County Legislature, on behalf of all residents
of Tompkins County supports the vigorous pursuit and prosecution of persons
and organizations that plan terrorist acts anywhere in the world,
RESOLVED, further, That the Tompkins County Legislature
calls upon the President to abide by the limitations that the Constitution
imposes on the Executive branch under our system of checks and balances
and to respect the essential roles of the Legislative branch and the Judicial
branch in ensuring that our national security is protected in a manner
consistent with constitutional guarantees,
RESOLVED, further, That the Tompkins County Legislature
opposes President Bush’s order to the National Security Agency to intercept
telephone and e-mail exchanges between the United States and overseas without
court authorization, as required under FISA, and to engage in warrantless
wiretapping of calls within the United States,
RESOLVED, further, That the Tompkins County Legislature
requests the President to immediately direct the NSA to observe FISA’s
requirements, and urges the President if he believes that FISA is inadequate
to safeguard national security, to seek appropriate amendments or new legislation
rather than acting without explicit statutory authorization,
RESOLVED, further, That the Tompkins County Legislature
urges all County government agencies and each County person and business
entity that receives a request to cooperate in the electronic surveillance
of a person with the United States to first obtain assurance from the state
or federal government agency making the request that it is lawful under
FISA or applicable provisions of the federal criminal code,
RESOLVED, further, That the Tompkins County Legislature
requests that the New York State Attorney General assist, and if needed,
intervene on behalf of, any Tompkins County resident who is asked to cooperate
in the electronic surveillance of a person within the United States when
such person was unable to receive an assurance that the request is lawful
under FISA or applicable provisions of the federal criminal code,
RESOLVED, further, That the Tompkins County Legislature
urges Congress to conduct a comprehensive and open investigation to determine:
(a) the nature and extent of electronic surveillance of U.S. persons conducted
by any U.S. government agency for foreign intelligence purposes that does
not comply with FISA; (b) what basis or bases were advanced for the legality
of such surveillance; (c) whether Congress was properly informed of and
consulted as to the surveillance; (d) the nature of the information obtained
as a result of the surveillance; (e) whether the surveillance information
collected was retained or shared with other agencies; and (f) whether this
information was used in legal proceedings against any U.S. citizen or resident,
RESOLVED, further, That the Tompkins County Legislature
urges Congress to thoroughly review and make recommendations concerning
the intelligence oversight process, and urges the President to ensure that
the House and Senate are fully and currently informed of all intelligence
operations as required by the National Security Act of 1947,
RESOLVED, further, That the Tompkins County Legislature
directs the Clerk of the Legislature to send a copy of this resolution
to President George W. Bush, U.S. Attorney General Alberto Gonzales, U.S.
Senate Majority Leader Bill Frist, Senator Charles Schumer, Senator Hillary
Clinton, Congressman Maurice Hinchey, Congressman John R. Kuhl, members
of the New York Congressional Delegation, and to State Attorney General
Elliot Spitzer.
SEQR ACTION: TYPE II-20
* * * * * * * * *
RESOLUTION NO. 115 - APPROVAL OF BECOMING A MEMBER OF THE TOMPKINS COUNTY COUNCIL OF GOVERNMENTS (TCCOG) AND APPOINTMENT TO THE TCCOG
MOVED by Ms. Herrera, seconded by Ms. Mackesey. Ms. Herrera said this resolution speaks to the formation of a Council of Governments that would provide a way to collaborate and develop efficiencies in local governments. Mr. Joseph said that the bylaws will be developed and brought forward by those who sign on. At this time the Town of Ithaca has approved a resolution, and it was believed that Ulysses, as well as the Town of Groton had, with other communities having placed it on agendas. Mr. Joseph noted all have been desiring amendment of the bylaws so it was decided not to include them as part of the resolution. It does not appear that any municipality is adverse to a Council of Governments. The Council will be replacing the Intermunicipal Cooperation meetings, not the Municipal Officers Association. A voice vote resulted as follows: Ayes – 13; Noes –0; Excused – 2 (Legislators Booth and Kiefer). RESOLUTION ADOPTED.
WHEREAS, the Tompkins County Intermunicipal Steering
Committee has been meeting to discuss ways the local governments could
work together to reduce costs to the residents, and
WHEREAS, the Committee has learned that other Counties
have created a Council of Governments made up of local officials, and
WHEREAS, the Tompkins County Council of Governments
is intended to be an association of local governments organized to provide
a forum of discussion, study, and negotiation leading to agreements for
a more efficient, improved, and/or less costly delivery of government services,
and
WHEREAS, the County of Tompkins desires to be a
member of the Tompkins County Council of Governments, now therefore be
it
RESOLVED, on recommendation of the Government Operations
Committee, That the County of Tompkins does hereby approve becoming a member
of the Tompkins County Council of Governments,
RESOLVED, further, That Tim Joseph is appointed as the
voting member and Martha Robertson as the alternate member.
SEQR ACTION: TYPE II-20
Report and Presentation of Resolution(s) from the Budget and Capital Committee
Mr. Koplinka-Loehr, Chair, reported the Committee met on June 26, 2006, with most items appearing on the agenda. He referred to a preliminary draft calendar for the Expanded Budget Committee meetings and asked that members of the Legislature review the schedule and comment on any potential conflicts. In addition, Mr. Koplinka-Loehr said there will be an informal Public Information meeting mid-September with a Public Hearing scheduled for the second Tuesday in November.
Mr. Proto announced the Tompkins County Area Transportation (TCAT) budget information meeting will take place on Wednesday, July 19th at noon.
RESOLUTION NO. 116 - BUDGET ADJUSTMENT AND APPROPRIATION OF UNSPENT GENERAL FUNDS FROM 2005 TO VARIOUS ACCOUNTS
MOVED by Mr. Koplinka-Loehr, seconded by Ms. Mackesey, and unanimously approved by voice vote by members present. RESOLUTION ADOPTED.
WHEREAS, various departments have been certified
by the Director of Finance to have unspent appropriations and excess revenues
from 2005 resulting in a surplus of $808,028 on the County’s books as of
December 31, 2005, and
WHEREAS, pursuant to County Fiscal Policy, surplus funds
have been requested for use in the amount of $328,197 in the current year
budget, now therefore be it
RESOLVED, on recommendation of the Health and Human Services,
Planning, Development and Environmental Quality, Public Safety, Government
Operations, Facilities and Infrastructure, and Budget and Capital Committees,
That the following transactions are approved:
BUDGET APPROPRIATION:
FROM: General Fund Balance
$ 328,197
TO:
Sheriff’s Office – Jail: 3 new vehicles 3150.52231
84,000
Sheriff’s Office – Jail: Increased fuel costs 3150.54306
15,000
Sheriff’s Office – Jail: Janitorial supplies and food
3150.54342 20,000
Sheriff’s Office – Jail: Various program supplies 3150.54319
12,000
Sheriff’s Office – Jail: money for labor & benefits
-assist with costs of injured & disabled staff 3150.51000406 12,855
$143,855
Sheriff’s Office – New vehicle 3113-52231 25,000
Sheriff’s Office – New light bars 3113-52220 9,000
Sheriff’s Office – Increased fuel costs 3113-54306
3,896
$37,896
County Clerk – microfilming civil papers; inventory and
microfilming (historic papers) 1410.54442 18,500
County Clerk - archives grant completion (tax maps) 1410.54442
13,043
County Clerk – purchasing large format plotter printer
1410.54442 11,094
County Clerk - backfilling of instruments and maps into
EDMS 1410.54442 22,000
$64,637
Legislature - computer software 1040.52230 753
Legislature – Personnel –Salary for re-class 1040.51000355
2,611
Legislature - office supplies 1040.54303 904
Legislature – Personnel – Fringe for re-class 1040.54303
1,018
$5,286
Planning – plotter 8020.52206 6,000
Planning – Renter Survey and Capital Reserve Fund 8020.54400
18,323
Planning – Flood hazard mitigation 8027.54400 2,500
$26,823
Probation - computer equipment 3142.52206 1,000
Probation - computer software 3142.52230 2,000
$3,000
County Attorney- Deputy County Attorney – 2005 re-class
1420.51000262 3,162
County Attorney- Printer 1420.52206 1,600
County Attorney- Computer software 1420.52230 300
County Attorney- Fax Machine 1420.52222 550
County Attorney- Books 1420.54332 208
County Attorney- Equipment 1420.52220 180
$6,000
Assessment Department – Jeep Liberty 1355.52231 14,000
$14,000
County Administration – Salaries 1230.51000 25,500
$25,500
Weights and Measures– testing equipment 3630.52220 1,200
$1,200
SEQR ACTION: TYPE II-20
RESOLUTION NO. 117 - ESTABLISHMENT OF GUIDELINES AND FISCAL TARGETS FOR ALL COUNTY BUDGETING UNITS FOR THE PREPARATION OF THE 2007 BUDGET
MOVED by Mr. Koplinka-Loehr, seconded by Mrs. McBean-Clairborne. Mr. Koplinka-Loehr provided an overview of the Committee work that produced the resolution. He indicated the fiscal target contains all salary and fringe costs for 2007, less two percent, which may result in more over-target requests from departments; he had suggested a one percent figure. Mr. Koplinka-Loehr referred to a handout from County Administration that provided several different scenarios. Mr. Whicher indicated that since he initially developed the various scenarios there have been additional items to bear in mind. The first is that preliminary information indicates $400,000 more in requests than was used to develop the scenarios; and, if the current trend continues with jail board-outs, there is the possibility of $750,000 costs also not included in the initial budget. Two positive items are that the Medicaid base numbers came in as predicted and sales tax revenues are coming in over budget. Mr. Whicher said in any case the budget process would require an overall review of program cuts/reductions in order to get to a 2.8 percent tax levy increase. He indicated that his proposal and Scenario “C” may be better balanced in that it cuts into negotiated salary rather than programs. It may result in over-target requests rather than program reductions. Mr. Whicher explained various options he may be considering and indicated that he would be attempting to make reductions that would have as little impact as possible on programs.
It was MOVED by Mr. Koplinka-Loehr, seconded by Ms. Herrera, to amend the resolution to include the following language as outlined in Scenario “C”: For all County departments, fiscal targets shall be equal to the amount approved in the 2006 adopted budget, plus the 2007 negotiated salary increase (excluding associated fringe costs) for the department’s bargaining units. He indicated this would increase the fiscal target by only the negotiated salary increases. Mr. Proto indicated that this scenario allows for one more percent of spending while staying within the fiscal target and therefore he cannot support the amendment. In addition, he spoke of the passage of the resolution regarding rollover requests and noted perhaps we should have waited to act upon it until the guidelines and fiscal targets were set. The discussion continued regarding how the various scenarios would effect departments and the overall budget. Ms. Mackesey felt it was important to maintain programs this year and complete a program review over the next year by the newly hired Deputy County Administrators. Mr. Whicher confirmed that he intends to have the program performance review next year. He also reaffirmed that by having the fiscal target set through the proposed resolution amendments it is then up to the departments to determine how to develop their budget within the boundaries set.
Following discussion, a voice vote on the motion to amend resulted as follows: Ayes – 11; Noes – 2 (Legislators Mackesey and Proto); Excused – 2 (Legislators Booth and Kiefer). RESOLUTION AMENDED.
A voice vote on the resolution as amended resulted as follows: Ayes – 12; Noes – 1 (Legislator Proto); Excused – 2 (Legislators Booth and Kiefer). RESOLUTION ADOPTED.
WHEREAS, the Tompkins County Fiscal Policy specifies
that a fiscal target is the maximum amount of general revenue spending
authority that a department head or program director may request without
initiating an Over-Target Request, and changes in fiscal targets should
be communicated to department heads and program directors as timely as
possible in order for them to submit their budget requests by August 2,
2006, and
WHEREAS, already-negotiated salary increases will
require more than a three percent increase in department salary and fringe
expenses, and
WHEREAS, the Tompkins County Legislature wishes
to establish targets in order for departments and agencies to submit their
2007 budget requests, now therefore be it
RESOLVED, on recommendation of the Budget and Capital
Committee, That fiscal targets for all budgeting units for preparation
of the 2007 budget are hereby established as follows:
1. For not-for-profit agency grants, fiscal targets shall
be equal to the amount approved in the 2006 adopted budget –not including
one-time funding nor any funds re-appropriated from previous years.
2. For Towns and Villages applying for reimbursement
for County-wide services, and for Human Service and Criminal Justice agencies
receiving reimbursement pursuant to the Sales Tax Agreement between the
County and City of Ithaca, fiscal targets shall be equal to the current
year appropriation –not including one-time funding nor adjustments for
prior years.
3. For all County departments, fiscal targets shall be
equal to the amount approved in the 2006 adopted budget, plus the 2007
negotiated salary increase (excluding associated fringe costs) for the
department’s bargaining units. In addition, department fiscal targets
shall not include one-time funding nor any funds re-appropriated from previous
years.
SEQR ACTION: TYPE II-20
Report from the Pubic Safety Committee
Mrs. McBean-Clairborne, Chair, reported the Committee will meet July 6th at 3:00 p.m. The discussion will include former Legislator Michael Lane’s suggestion of taking up the possibility of a joint jail with Cortland County. Mr. Dennis inquired whether there is any potential for a joint venture with Cortland County due to their bond ratings. Mr. Squires said that Cortland County’s concern is their constitutional tax margin and debt margin; additional debt would provide more capacity and therefore would be more of an incentive to enter into indebtedness.
Report from the Workforce Development and Inclusion Committee
Mrs. McBean-Clairborne, Chair, reported the Committee met June 28th at which time a discussion occurred regarding the Diversity Policy Guidelines that accompany the Diversity Policy Statement acted upon previously. The guidelines will go to the Personnel Committee for approval. The next meeting will take place July 26th.
Report from the Health and Human Services Committee
Mr. Proto, Chairman, reported the Committee met on June 29th to review Health Department fees for Public Water Supplies. At the meeting the members of the Committee responded to information provided by Bolton Point’s attorney, Mr. Barney, who suggested a different method to determine the fee. There is a legal action pending determination on July 7th. Following the review the Committee reaffirmed the present fee structure. Mr. Proto then reported the Committee held its regular meeting earlier in the day, at which time they heard information regarding the youth transportation survey, Timothy’s Law, and acted upon resolutions that will be forthcoming. At the meeting a brief report was provided regarding the WIC audit that is now complete. The State audit requested review of 5,643 records from 1999 to 2005; of the requested number 5,459 were located with 92 percent having supporting data.
Mr. Shinagawa was excused at this time (7:05 p.m.).
Mr. Proto said Jan Morgan, Director of Nursing Services program at Tompkins Cortland Community College, shared information with the Committee on the current program and discussed possibilities of expanded services to meet the need of the community in health care fields. Ms. Joan Murphy and Ms. Betty Falcao will be contacted to provide additional information regarding areas that can use assistance. The next meeting will occur on August 2nd.
Report from and Presentation of Resolution(s) from the Facilities and Infrastructure Committee
Mr. Randall, Chair, reported the Committee met on June 27th and received information on the PAR forms for the Public Works Division. This information on requested capital projects will be reviewed and brought back to the Committee for action. Mr. Oeschle of the State Court system attended the meeting to review the space needs for the courts and indicated the need for additional space, particularly the area presently occupied by the Office for the Aging. Mr. Randall said Solid Waste Division spoke of a desire to have a Reuse Center and plans to bring additional information and proposals forward in August.
RESOLUTION NO. 118 - AUTHORIZING THE FILING OF AN APPLICATION FROM NEW YORK STATE FOR THE HOUSEHOLD HAZARDOUS WASTE (HHW) STATE ASSISTANCE PROGRAM AND SIGNING OF THE ASSOCIATED STATE CONTRACT, UNDER THE APPROPRIATE LAWS OF NEW YORK STATE
It was MOVED by Mr. Randall, seconded by Ms. Mackesey. In response to a question, it was noted Ms. Kiefer’s “no” vote at Committee was due to format, not content. A voice vote resulted as follows: Ayes 12; Noes – 0; Excused – 3 (Legislators Booth, Kiefer, and Shinagawa).
WHEREAS, the State of New York provides financial aid
for household hazardous waste programs, and
WHEREAS, Tompkins County, herein called the MUNICIPALITY,
has examined and duly considered the applicable laws of the State of New
York and the MUNICIPALITY deems it to be in the public interest and benefit
to file an application under these laws, and
WHEREAS, it is necessary that a Contract by and between
THE PEOPLE OF THE STATE OF NEW YORK, herein called the STATE, and the MUNICIPALITY
be executed for such STATE aid, now therefore be it
RESOLVED, on recommendation of the Facilities and Infrastructure
Committee, That the filing of an application in the form required by the
State of New York in conformity with the assurances contained in said application
is hereby authorized,
RESOLVED, further, That the Tompkins County Solid Waste
Manager or her designee is directed and authorized as the official representative
of the MUNICIPALITY to act in connection with the application and to provide
such additional information as may be required and to sign the resulting
contract if said application is approved by the STATE,
RESOLVED, further, That the MUNICIPALITY agrees that
it will fund the entire cost of said household hazardous waste program
and will be reimbursed by the State for the State share of such costs,
RESOLVED, further, That five (5) certified copies of
this resolution be prepared and sent to the New York State Department of
Environmental Conservation (NYSDEC) together with a complete application,
RESOLVED, further, That this resolution shall take effect
immediately.
SEQR ACTION: TYPE II-20
Report and Presentation of Resolution(s) from the Planning, Development and Environmental Quality Committee
Ms. Robertson, Chair, reported the Committee met briefly prior to the meeting to act upon the resolution being presented. The next regular meeting will occur on July 20th when a resolution regarding the Industrial Development Agency density policy will be reviewed. Ms. Robertson spoke of the Scenic Inventories Survey being completed as part of the County’s Comprehensive Plan. Submissions of “favorite areas” will be accepted until July 31st, with determinations of appropriate inclusion to occur by September. The intent is to utilize the information for future planning. Mr. Marx noted it could call attention to an area that is scenic but has poor access; perhaps with proper planning with municipalities it could be made available to the public.
Mr. Proto spoke of his previous concern regarding the Cayuga Waterfront Trail, in particular, Common Council’s plan to move ahead with eminent domain steps. He spoke of constituent concerns relating to the possible loss of a driving lane to become a walk/bicycle lane. Mr. Proto said he is concerned and feels the County should keep current and be aware of the project.
RESOLUTION NO. 119 - AUTHORIZATION TO EXECUTE A RURAL MICROENTERPRISE LOAN FOR MATT COOPER FURNITURE DESIGNS FROM THE ECONOMIC DEVELOPMENT REVOLVING LOAN FUND
It was MOVED by Ms. Robertson, seconded by Mr. Proto. Ms. Robertson said this grant is funded from an initial grant program requiring repayment in order to utilize funds for future loans of this nature. The initial program was recently expanded to allow eligibility to include rural microenterprises. Mr. Cooper heard of the program through the Alternatives Federal Credit Union; it is designed for low-income individuals and other specific criteria that he met. Mr. Proto indicated some revisions to the program are being made; future information will be available within the next month. Ms. Robertson also indicated that part of the criteria is that expansion/assistance would not effect other local entrepreneurs.
A voice vote resulted as follows: Ayes 12; Noes – 0; Excused – 3 (Legislators Booth, Kiefer, and Shinagawa). RESOLUTION ADOPTED.
WHEREAS, the Tompkins County Economic Development
Revolving Loan Fund was expanded in 2004 to provide low interest loans
to small businesses (microenterprise businesses), and
WHEREAS, these loans are made using repaid U.S.
Department of Housing and Urban Development Small Cities Community Development
Block Grant funds targeted for economic development activities, and
WHEREAS, the Tompkins County Economic Development
Revolving Loan Fund Oversight Committee reviewed an application and proposal
for a construction and equipment loan to Matt Cooper Furniture Designs
to establish a custom wood furnishing business in the Town of Danby, and
WHEREAS, the Oversight Committee has fully assessed the
ability of Matt Cooper to make timely payments on monies loaned from the
Revolving Loan Fund, and
WHEREAS, supporting economic development efforts
that expand rural income opportunities is a policy supported by the Tompkins
County Comprehensive Plan, now therefore be it
RESOLVED, on recommendation of the Planning, Development,
and Environmental Quality Committee, That the County is hereby authorized
to sign a Loan Agreement with Matt Cooper Furniture Designs,
RESOLVED, further, That the County Administrator be authorized
to sign all documents related to this loan, and that the County Finance
Director be authorized to adjust the budget in the following manner:
REVENUES
8693.44700 Repaid Econ. Dev. Loans $25,000
EXPENSES
8693.54400 Program Expense $25,000
SEQR ACTION: TYPE II-7, II-25
Mr. Dennis, Chair, reported the Committee will meet on July 12th.
Adjournment
The meeting adjourned at 7:25 p.m
Respectfully submitted, Karen Fuller, Deputy Clerk