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. Excused: 2 (Legislators Mackesey and Robertson).
Privilege of the Floor by the Public
Renata Ballard, City of Ithaca resident and member of the Ithaca Board of Realtors, presented a petition to the Legislature in opposition to the adoption of a transfer tax. Ms. Ballard stated that Tompkins County already some of the highest closing costs in New York State. She said the Transfer Tax is regressive and makes homeownership difficult for first time homebuyers.
CJ DelVecchio, Lansing resident and member of the Ithaca Board of Realtors, spoke in opposition to the adoption of a Transfer Tax in Tompkins County. She said while this is a cost to the seller, it is likely it would be transferred to the buyer. She said it would not be good for Tompkins County to be the first county in New York State to adopt a Transfer Tax.
Presentation of Distinguished Youth Award
Ms. Kiefer, District No. 10 Legislator, presented the August 2006 Distinguished Youth Award to Peter and Donald Quinn-Jacobs, of Sodom Road in Dryden. Peter and Donald were nominated by local resident Linda Finlay who commended the two for four years of unwavering participation in the Ithaca Peace Vigil. Finlay’s letter stated “the boys began vigiling in August of 2002 and have been at it every Wednesday morning since, through sub-zero temperatures and rain and heat” and, in doing so, serve as “an inspiration.”
Privilege of the Floor by Legislators
Mr. Dennis, District No. 15 Legislator, announced Jim Trelease is coming to the Ithaca High School Auditorium on September 11th.
Mr. Randall, District no. 9 Legislator, announced the Groton Old Home Days celebration will take place this weekend and invited everyone to attend.
Mr. Proto, District No. 7 Legislator, on behalf of the Agricultural and Farmland Protection Board, thanked the community for attending the open house for Farm City Day this past weekend. He said it was a very well attended event.
Chair’s Report
Mr. Joseph reported he attended the groundbreaking ceremony Monday for the beginning of construction for the Public Safety Communication System.
Report from the County Administrator
Mr. Whicher called attention to a card placed on Legislators’ desks that contain emergency contact information for County officials.
Mr. Whicher requested confirmation of the appointment of Lisa Holmes to the position of Director of the Office for the Aging.
It was MOVED by Mr. Proto, seconded by Ms. Herrera, and unanimously
adopted by voice vote by members present, to confirm the appointment of
Lisa Holmes to the position of Director of the Office for the Aging. APPOINTMENT
CARRIED.
Report from the County Attorney
Mr. Wood had no report.
Report from the Finance Director
Mr. Squires reported he distributed information from the New York State Office of Taxation and Finance that explains rebates that will be issued in September to real property owners which are being assessed by school districts. Mr. Squires reported a property owner has come forward to pay back taxes owed to the County in the amount of $284,000; he noted this is one of the largest amounts of back taxes owed.
Addition of Resolution(s) to the Agenda
There were no resolution(s) added to the agenda.
Withdrawal of Resolution(s) from the Agenda
Chair Joseph gave Mr. Koplinka-Loehr permission to withdraw from the agenda the resolution entitled Adoption of Local Law No. a of 2006 – A Local Law Authorizing a Tax on Real Estate Transfers.
Approval of Resolution(s) Under the Consent Agenda
RESOLUTION NO. 140 - BUDGET ADJUSTMENTS – VARIOUS DEPARTMENTS
MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted
by voice vote by members present under the Consent Agenda.
WHEREAS, pursuant to Administrative Manual Policy 05-02, budget adjustments
exceeding $5,000 require Legislative approval, now therefore be it
RESOLVED, on recommendation of the Health and Human Services
and the Facilities and Infrastructure Committees, That the Director of
Finance be directed to make the following budget adjustments on his books:
Highway
Revenue Acct Title
Amt
Approp Acct
Title
599 Fund Balance $65,000
5130.52233 Highway Equipment
Explanation: Purchase of Loader.
Youth Services
Revenue Acct Title
Amt Approp Acct
Title
7020.42797 Other Local Government $ 6,000
7020.54442 Professional Service Fees
Explanation: The County Youth Services Department currently has
a contract with Workforce Development for JobLink services. The current
contract was through June 30, 2006. At this time, that contract is
being extended until September 30, 2006.
SEQR ACTION: TYPE II-20
RESOLUTION NO. 141 - AUTHORIZING PERMANENT INCREASE OF STANDARD WORKWEEK TO 40 HOURS FOR ONE FINANCIAL INVESTIGATOR – DEPARTMENT OF SOCIAL SERVICES
MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice vote by members present under the Consent Agenda.
WHEREAS, the Department of Social Services (DSS) wishes to increase
by 5.0 hours the standard workweek associated with the Financial Investigator
position dedicated to the Employment Unit, the Family Court Custody Court,
and the Intake Unit at DSS, and
WHEREAS, the Department will receive a mix of Federal and State reimbursement
which, combined, will cover eighty percent of the additional costs associated
with this increase, and
WHEREAS, the Department of Social Services anticipates that, owing
to delays in filling vacancies which arose earlier in the year, it already
has sufficient spending authority in its 2006 salary lines to cover the
payroll costs associated with this increase, and
WHEREAS, the Department of Social Services has a qualified employee,
presently working 35.0 hours/week in that title, willing to take on the
additional workload and hours, now therefore be it
RESOLVED, on recommendation of the Health and Human Services,
and the Budget and Capital Committees, That effective August 1, 2006, the
standard workweek of one of the Department of Social Services’ 1.0 FTE
Financial Investigators – Grade 11 (536) position be increased to 40.0
hours per week.
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RESOLUTION NO. 142 - AUTHORIZATION OF A FIVE-YEAR EXTENSION TO THE AGREEMENT WITH CORNELL UNIVERSITY FOR DISCOUNT PARKING AT THE ITHACA TOMPKINS REGIONAL AIRPORT
MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice vote by members present under the Consent Agenda.
WHEREAS, Cornell University wishes to
extend its agreement for discount parking at the Ithaca Tompkins Regional
Airport, and
WHEREAS, Cornell University will guarantee
the County a minimum of $45,000 per year from Cornell-authorized vehicles
parking in the airport’s long-term and short-term parking lots, and
WHEREAS, in return for said minimum
guarantee the County will provide parking spaces for Cornell-authorized
business travelers at seventy-five percent of the normal pre-sales tax
fee, now therefore be it
RESOLVED, on recommendation of the Facilities
and Infrastructure Committee, That the County Administrator be authorized
and directed to execute an agreement with Cornell University for an additional
five years commencing May 1, 2006.
SEQR ACTION: TYPE II-20
RESOLUTION NO. 143 - AUTHORIZING ACCEPTANCE OF A FEDERAL AVIATION ADMINISTRATION (FAA) GRANT TO PURCHASE SNOW BLOWER; PERFORM ENVIRONMENTAL ASSESSMENT (PHASE II) - (AIP PROJECT No. 3-36-0047-45-06) – ITHACA TOMPKINS REGIONAL AIRPORT
MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice vote by members present under the Consent Agenda.
WHEREAS, the County has received a grant
offer from the Federal Aviation Administration (FAA) in the amount of $555,750.00
to purchase a Snow Blower and to conduct Phase II of an Environmental Assessment
for Obstruction Removal, and
WHEREAS, the budgets for these two projects
are as follows:
FAA Share
( 95.0%) Account No. HT 5601.44592
$555,750.00
NYSDOT Share( 2.5%)
Account No. HT 5601.43592 $ 14,625.00
Local Share
( 2.5%) Account No. HT 5601.45031
$ 14,625.00
Total
$585,000.00
, now therefore be it
RESOLVED, on recommendation of the Facilities
and Infrastructure Committee, That the grant offer from the FAA of $555,750.00
be and hereby is accepted and that the County Administrator is authorized
to execute the required documents.
SEQR ACTION : TYPE II-20
RESOLUTION NO. 144 - AUTHORIZING APPLICATION FOR NEW YORK STATE DEDICATED TRANSIT FUNDING FOR TOMPKINS CONSOLIDATED AREA TRANSIT (TCAT) IN STATE FISCAL YEAR 2005/06
MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, under the Consent Agenda.
WHEREAS, the Governor of the State of New York awarded a grant of State Dedicated Transportation Funds in the amount of $1,168,000 for State Fiscal Year (SFY) 2005/06 to purchase buses and improve transit facilities in Tompkins County, and
WHEREAS, Tompkins County, wishes to apply for $1,168,000 in State Dedicated
Funds on behalf of Tompkins Consolidated Area Transit, Inc., to plan and
make public improvements to the public transportation system, and
WHEREAS, the $1,168,000 State Dedicated Transportation Fund grant will
reimburse one hundred percent of the cost of proposed projects as follows:
Project Description SDF Funds
Purchase (3) 40 ft. low-floor hybrid electric diesel replacement buses
$907,969
Purchase ancillary bus equipment – fare collection and bus video equipment
$54,809
TCAT City Center Project: a/e design and construction monitoring professional
services, wayfinding signs and bicycle racks. $175,000
Smartcard Project $30,222
Total $1,168,000
, now therefore be it
RESOLVED, on recommendation of the Budget and Capital Committee, That
the Tompkins County Legislature authorizes the application for $1,168,000
in SFY 2005/06 State Dedicated Transportation Funds to the New York State
Department of Transportation (NYSDOT) for the above- listed projects,
RESOLVED, further, That Tompkins Consolidated Area Transit, Inc., will
be reimbursed one hundred percent by New York State Department of Transportation
funds, which are received by Tompkins County and passed through to TCAT,
RESOLVED, further, That Tompkins County will accept these State funds
through a supplemental contract agreement with the New York State Department
of Transportation after NYSDOT’s approval of the grant application.
SEQR ACTION: TYPE II-20
Report from the Workforce Development and Inclusions Committee
Mrs. McBean-Clairborne, Chair, reported the Committee will meet August 23rd at 3:30 p.m.
Report from the Health and Human Services Committee
Mr. Proto, Chair, reported the Committee met August 2nd and had the opportunity to hear from Nancy Zahler, Director of Youth Services on the Youth Services Report and a concern about the Town of Ulysses withdrawing from the Recreation Partnership. Ms. Zahler also provided the Committee with a report on the issue of gang violence. The Committee heard from Patricia Carey, Commissioner of Social Services, about the monthly statistical reports and she will be coming back next month to discuss the monthly reports that are part of the agenda packet each month. Mr. Proto invited Legislators to a special meeting to be held on August 21st at 8 a.m. to listen to representatives of the Human Services Coalition highlight agencies that they deal with and concerns they have.
The Health Planning Council is putting together a presentation on the Avian Flu that will be given on September 20th at the Public Health Department.
Report from the Facilities and Infrastructure Committee
Mr. Randall, Chair, reported the Committee met on August 8. At that meeting Mr. Marx, Commissioner of Planning, reported that the Over Target Request for the Facilities Division will be less due to an energy savings the Division is realizing. The next meeting will be August 22 at 3 p.m.
Report and Presentation of Resolution(s) from the Planning, Development and Environmental Quality Committee
Ms. Herrera, Vice Chair, reported the next Committee meeting will be August 30 at 3 p.m.
RESOLUTION NO. 145 – RESOLUTION AUTHORIZING THE CHIEF ADMINISTRATIVE OFFICER OF TOMPKINS COUNTY TO SIGN THE MEMORANDUM OF AGREEMENT FOR THE STORMWATER COALITION OF TOMPKINS COUNTY
MOVED by Ms. Herrera, seconded by Mr. Stevenson. It was noted that in future years this item would be budgeted by the Planning Department. A short roll call vote resulted as follows: Ayes – 13, Noes – 0; Excused – 2 (Legislators Mackesey and Robertson). RESOLUTION ADOPTED.
WHEREAS, the United States (U.S.) Environmental Protection Agency
(EPA) promulgated the Phase II stormwater regulations (regulations) in
1999 that require owners and operators of small Municipal Separate Storm
Sewer Systems (MS4s) in urbanized areas to obtain a permit to discharge
stormwater to the waters of the U.S., and
WHEREAS, Tompkins County; the City of Ithaca; the Towns of Caroline,
Dryden, Ithaca, Lansing, Newfield, and Ulysses; and the Villages of Cayuga
Heights and Lansing have been designated by EPA as regulated owners of
MS4s, and
WHEREAS, to maintain coverage under the New York State Pollutant
Discharge and Elimination System (SPDES) permit, regulated MS4s must prepare
and implement a stormwater management program, and
WHEREAS, representatives of the regulated MS4s have been meeting
since 2003 as the Stormwater Coalition of Tompkins County (Coalition) to
identify and implement common elements of their respective stormwater management
plans, and
WHEREAS, by working collaboratively and cooperatively with other Coalition
members to meet the requirements of these regulations, Tompkins County
can make more efficient use of resources allocated to meet the requirements
of these regulations, and
WHEREAS, the Coalition has developed a Memorandum of Agreement
(Agreement) that describes the membership requirements and activities of
the Coalition, and
WHEREAS, by signing this Agreement Tompkins County formalizes
its membership in the Coalition and will be assessed an annual membership
fee, now therefore be it
RESOLVED, on recommendation of the Planning, Development, and
Environmental Quality Committee and the Budget and Capital Committee of
the Tompkins County Legislature, That the County should formalize its membership
in the Coalition,
RESOLVED, further, That the membership fee of $1,500 for 2006
will be paid from the contingency fund,
RESOLVED, further, That the Finance Director be authorized to
make the following budget appropriation:
FROM: A1990 Contingent Fund $1,500
TO: A1920.54416 Membership Dues $1,500
RESOLVED, further, That the County Administrator or his designee
be authorized to sign the Memorandum of Agreement for the Stormwater Coalition.
SEQR ACTION: TYPE: II-20
Report and Presentation of Resolution(s) from the Personnel Committee
Mr. Dennis, Chair, reported the Committee met and had a discussion on the CANA Rx program and there is discussion about running a pilot program on a new plan. He reported the Workforce Diversity and Inclusion Committee is going to be rolling out its new logo soon. There was also a discussion relating to the performance evaluations for positions that report directly to the Legislature; discussion on this will continue at the next meeting.
RESOLUTION NO. 146 - BUDGET ADJUSTMENT AND APPROPRIATION OF UNSPENT GENERAL FUNDS FROM 2005 TO VARIOUS PERSONNEL DEPARTMENT ACCOUNTS
MOVED by Mr. Dennis, seconded by Mrs. McBean-Clairborne. A short
roll vote resulted as follows: Ayes – 13, Noes – 0, Excused – 2 (Legislators
Mackesey and Robertson). 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, Resolutions Nos. 116 and 138 – “Budget Adjustment and Appropriation
of Unspent General Funds from 2005 to Various Accounts” were adopted on
July 6, 2006, and August 2, 2006, which transferred surplus funds in the
total amount of $418,120 to various departments’ current year budgets,
and
WHEREAS, the rollover request period was extended to August 2006,
and
WHEREAS, pursuant to County Fiscal Policy, additional surplus funds
have been requested for use in the amount of $54,031 in the current year
budget, now therefore be it
RESOLVED, on recommendation of the Personnel and the Budget and Capital
Committees, That the following transactions are approved:
BUDGET APPROPRIATION:
FROM: General Fund Balance
$54,031
TO:
Personnel – Purchase four new computers and two printers 1430.52206
$6,070
Personnel – Professional Services to cover Health Care Consultant Contract
1346.52210 $9,261
Personnel – Training, Diversity, and Workplace Incentives 1987.54442
$33,500
Personnel – Purchase Shelving Units for Records Management 1460.54400
$4,000
Personnel – Purchase five Windows Upgrades 1430.52230 $1,200
$54,031
SEQR ACTION: TYPE II-20
Report from the Government Operations Committee
Ms. Herrera, Chair, reported the Committee will meet tomorrow, August 16, at 3 p.m.
Report from the Budget and Capital Committee
Mr. Koplinka-Loehr, Chair, reported the Committee met August 14th. Mr. Squires reported the retirement bill was $300,000 less than anticipated; however, this could be the result of the way the billing cycle ended. Mr. Koplinka-Loehr reported on the overrun in Jail boardout costs and noted there is still three months remaining in the year. He invited all Legislators to attend the August 28 Committee meeting where Mr. Whicher will give a briefing about what the budget will contain. He announced the Expanded Budget Committee calendar is now final; he also noted the final date for the community forum on the budget has not been finalized.
Report and Presentation of Resolution(s) from the Public Safety Committee
Mrs. McBean-Clairborne, Chair, reported the Committee met on August 3rd and heard several reports. Michael Lane, former Legislator, spoke to the Committee about his request to the Legislature to consider revisiting the issue of pursuing a joint jail facility with Cortland County. The committee received a report from the Criminal Justice Advisory/Alternatives to Incarceration Board on the report they have been working on for the last year. There were a number of recommendations contained in the report that Mrs. McBean-Clairborne summarized. Ms. Leinthall, Director of the Department of Probation and Community Justice, spoke to the Committee about a new program the Department is working on that would provide internet monitoring of sex offenders. The intention of this new program is to assist in preventing offenders from reoffending. She noted there are a number of issues surrounding this that still need to be worked out. The Assigned Counsel Program reported it will be relocating to a larger office down the hall from the current space. The Department of Emergency Response reported the Public Safety Communications System is progressing and moving forward. At the meeting Mr. Whicher informed the Committee that Cornell University has expressed an interest in becoming involved in the Communications System. Judge Olds was also in attendance at the meeting to provide an overview of the Ithaca Community Treatment Court.
RESOLUTION NO. 147 - DESIGNATION OF THE NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) AS THE BASIS FOR ALL INCIDENT MANAGEMENT IN THE COUNTY OF TOMPKINS
MOVED by Mrs. McBean-Clairborne, seconded by Mr. Hattery, and unanimously adopted by voice vote by members present.
WHEREAS, the President in Homeland Security Directive (HSPD)-5, directed
the Secretary of the Department of Homeland Security to develop and administer
a National Incident Management System (NIMS), which would provide a consistent
nationwide approach for Federal, State, local, and tribal governments to
work together more effectively and efficiently to prevent, prepare for,
respond to, and recover from domestic incidents, regardless of cause, size,
or complexity, and
WHEREAS, the collective input and guidance from all Federal, State,
local, and tribal homeland-security partners has been, and will continue
to be, vital to the development, effective implementation, and utilization
of a comprehensive NIMS, and
WHEREAS, it is necessary and desirable that all Federal, State,
local, and tribal emergency agencies and personnel coordinate their efforts
to provide the highest levels of incident management, and
WHEREAS, to facilitate such incident management it is critical that
Federal, State, local, and tribal organizations utilize standardized terminology,
standardized organizational structures, interoperable communications, consolidated
action plans, unified command structures, uniform personnel qualification
standards, uniform standards for planning, training, and exercising, comprehensive
resource management, and designated incident facilities during emergencies
or disasters, and
WHEREAS, the NIMS standardized procedures for managing personnel,
communications, facilities, and resources will improve the County’s ability
to utilize Federal funding to enhance local and State agency readiness,
maintain first responder safety, and streamline incident management processes,
and
WHEREAS, the Incident Command System components of NIMS are already
an integral part of various incident management activities throughout the
County, including the current emergency management training programs, and
WHEREAS, the National Commission on Terrorist Attacks (9-11 Commission)
recommended adoption of a standardized Incident Command System, now therefore
be it
RESOLVED, on recommendation of the Public Safety Committee, That the
Tompkins County Legislature does hereby establish the National Interagency
Incident Management System (NIMS) as the County standard for incident management,
RESOLVED, further, That the Tompkins County Comprehensive Emergency
Management Plan, its appendices, annexes, and mutual-aid plans, be amended
as appropriate by the Department of Emergency Response to reflect the adoption
and practice of the NIMS standard by county government and partnered entities.
SEQR ACTION: TYPE II-20
Announcement
Legislator Proto announced effective August 20th TCAT fares are changing.
Adjournment
On motion the meeting adjourned at 6:32 p.m.
Respectfully submitted by Michelle Pottorff, TC Legislature Office