Tompkins County Legislature
Regular Meeting
September 19, 2006 - 5:30 p.m.
Legislature Chambers


Called to Order

 

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

 

Pledge of Allegiance to the Flag

 

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

 

Remembrance of Jacqueline Yoder

 

            Mr. Joseph reported Jacqueline “Jackie” Yoder, former Benefits Manager, passed away yesterday.  He asked for a moment of silence in her memory.

 

Roll Call of Members

 

            Present:  15 Legislators.  (Ms. Herrera arrived at 5:37 p.m.)

 

Presentation of Proclamation(s)

 

            Mr. Joseph presented a proclamation to Sheriff Peter Meskill declaring the week of September 17-23, 2006 to be Sheriff’s Week in Tompkins County.

                                                                                              

Privilege of the Floor by the Public

 

            Ralph Jones, City of Ithaca resident, spoke in support of Lifelong.  He serves on the Lifelong Board of Directors and the fundraising committee for that agency, and stressed how important the activities provided by Lifelong are to him and other seniors in Tompkins County.  He stated there is a growing awareness of the value of allowing people to continue to live in their homes and the interconnection of regular wholesome activities for senior citizens in maintaining their residence in the County.

 

            Ms. Herrera arrived at 5:37 p.m.

 

            Louise Shedden, spoke in support of Lifelong and its activities.  She spoke of many services and her personal experience with the Agency.  She also said Lifelong has a very able staff that provides quality activities.

 

Ron Provis, County resident and owner of CBord Group, spoke in support of the Human Services Coalition.  He stated the Human Services Coalition is the umbrella agency for many of the not-for-profit human services agencies within the County.   Mr. Provis also serves on the Human Services Coalition Review Committee which reviews the needs and requests of those agencies. 

 

Howard London, Town of Lansing resident, spoke in support of continued funding for Lifelong.   Mr. London serves as a volunteer for the Tax Assistance Program (tax counseling for low income, disabled, and elderly).  He said they rely on Lifelong and RSVP for support and resources, including administrative support and liaison services to the Internal Revenue Service.  They serviced approximately 1,000 taxpayers last year from that population who received approximately $650,000 in refunds. During the tax season they have four open weekly walk-in sessions.  They also provide services to Challenge Industries and other agencies serving individuals with disabilities.  They do a number of home visits to assist with tax return preparation for those who are not able to leave their homes.  Mr. London said this is a much-needed service for the community and urged the Legislature to continue funding Lifelong.

 

Marge Dill, Town of Lansing resident and former Director of the Human Services Coalition, urged the Legislature not to be “penny wise and pound foolish”.   She said the Human Services Coalition programs have many volunteers attached to those programs that are extremely important and would like the Legislature to continue providing the same level of support.  She spoke of the many human services that bring funds into Tompkins County and into individual’s pockets for prescriptions that they otherwise couldn’t get.

 

Nels Bohn, Director of Community Development for the Ithaca Urban Renewal Agency and a City of Ithaca resident, spoke in opposition to the proposed reduction in funding to the Human Services Coalition.  He spoke of the housing and the information and referral functions that the Coalition provides and said that agency’s work plays a vital role in many activities of the Ithaca Urban Renewal Agency.

 

John Bosak, Town of Ithaca, spoke on behalf of T.C. Local concerning long-term                                                                                                                                                                                                                                                                               economic development.  T.C. Local is a group of concerned citizens working to plan for the County’s future in an era of decreasing fossil-fuel resources.  He read the following statement: 

 

“Energy analysts and petroleum geologists are agreed that world oil and natural gas production will reach a peak within the next two decades and then begin an irreversible decline.  A few experts believe that this peak has already arrived; conservative estimates put the peak of production at somewhere around the year 2020.  No credible analysis sees world oil and gas production continuing to increase past 2030.  The combination of falling global oil production and ever-increasing demand will result in astronomically high energy prices.  One recent conservative estimate used for urban planning in Canada put the price of gasoline in 2018 at about four times its cost today.  Recent discoveries in the Gulf of Mexico will have a negligible  efect on this increase in prices and the development of alternative sources of energy cannot occur quickly enough to have any meaningful impact on its economic effect.  The ever increasing rise in prices following the peak of world oil and gas production will have a devastating impact on the world economy, including the U.S. economy.  The effects are hard to predict in detail but overall we are looking at something that will resemble the great depression, only it will be worse and it will last longer. 

 

“TC Local is researching ways the County can meet this challenge, particularly in the areas of food production and distribution, transportation, and heating. Obviously this research goes far beyond what I can describe today. We would be delighted to give the Legislature an in-depth briefing at any time that would be convenient. 

“For today I would like to say that it is essential for the future well-being of County residents that the Legislature take the likely effects of energy descent into account when planning for the County’s economic development.”

 

Joan Adler, Town of Enfield resident, spoke in support of reinstatement of funding for the Ithaca Breast Cancer Alliance.  Ms. Adler said she was one of the founders of the Alliance approximately 12 years ago that provides services to both women and men.  She spoke of the many resources the Alliance provides to individuals who have been diagnosed with cancer and provided specific examples of how those services have helped people.

 

Shawn Galbreath, Executive Director of the Ithaca Breast Cancer Alliance (IBCA) and Tompkins County resident, thanked the Legislature for the funds that were provided to the Alliance last year.  She said as of September 12 the State of New York has officially changed their articles of incorporation so that IBCA now serves  individuals who have been diagnosed with breast cancer or gynecological cancer.   Ms. Galbreath urged the Legislature to restore funding to the Alliance so that they can serve and support people who come to them with those cancers.   She spoke of upcoming grants and stated they will be doing aggressive outreach into local communities of people who are traditionally uninsured or underinsured. 

 

Distinguished Youth Award

 

Mr. Koplinka-Loehr, District No. 11 Legislator, presented the September, 2006, Distinguished Youth Award to 12-year-old Tessa Friedeborn, a student at Ithaca’s Lehman Alternative School.  As a cast member for the Hangar Theatre’s production, “The Wiz”, she raised $3,500 in donations for the Red Cross to assist Hurricane Katrina victims from patrons attending five nights of performances, days after the hurricane hit.

 

Privilege of the Floor by Legislators

 

            Ms. Robertson, District No. 13 Legislator, announced the Scenic Resources Inventory Open House will be held on September 27 at the Women’s Community Building.  She said people can vote up until October 2nd on Tompkins County’s most scenic views.    Ms. Robertson responded to an editorial that appeared in today’s Ithaca Journal with regard to the 2007 budget and stated the article referring to last year’s election, the article stated that many of the six new Legislators who were elected to office ran on a platform to hold down County spending and taxes.  She noted that five of those seats were filled by new legislators because the previous legislator retired.  She also noted that eight of the current Legislators were re-elected or unopposed in the last election. 

 

            Mr. Dennis, District No. 15 Legislator, spoke of gas prices and stated that gasoline prices in Tompkins County are significantly higher than surrounding areas.  He urged the public to contact elected State representatives to let them know about this.

 

            Mr. Proto, District No. 7 Legislator, expressed concern over the high price of gasoline in Tompkins County and said he agreed with comments made by Mr. Dennis.  He said earlier this year a resolution was drafted regarding ethanol and supporting alternate fuel review.  That resolution was taken to the Agricultural and Farmland Protection Board and will be forwarded to the State.  The Environmental Management Council is also reviewing this resolution and considering adopting a similar one. 

 

            Mr. Shinagawa, District No. 4 Legislator, announced the Worker’s Center, along with the U.A.W., the S.C.I.U. and the Cornell Organization for Labor Action and many other community partners are organizing a series of rallies around the Gubernatorial debates on September 26th.  It will begin on the Commons with music and speakers and will move to Cornell where they will join a contingent of community leaders and Cornell students.  He said they will be pushing the Gubernatorial candidates to take a stand and discuss their plans for implementing a universal single-payer health care system in the State of New York.   He said they also hope to have a question posed to the candidates during the debate on that subject.

 

            Ms. Herrera, District No. 5 Legislator, announced September is Latino Heritage Month.  She said the Latino Civic Association of Tompkins County has organized activities that are posted on the Association’s website: www.latinocivicassociationtc.org.  She noted that many cultural activities are supported by Room Tax funds.

 

Chair’s Report

 

            Mr. Joseph reported he sent all Legislators a memorandum regarding a letter he received from Judith Jacobs, a Nassau County Legislator.  The subject of the letter was approaching the State about a cigarette tax for counties.  He urged Legislators who have not yet done so, to let him know their thoughts on this. 

            Mr. Joseph said a copy of letters submitted to the Legislature with regard to the 2007 budget are filed with the Clerk of the Legislature and may be viewed by Legislators at any time. 

 

            Mr. Joseph provided the Legislature with an update on the Tompkins County Council of Governments.  At this time there are only three municipalities who have not yet joined the Council:  Towns of Newfield and Danby, and the Village of Lansing.  He said they are hopeful those municipalities will be coming on board to be members of that organization.  He said they have been meeting for a couple of years as the Intermuncipal Cooperation group; however, they decided to form a more formal Council to assist in improving attendance by members of that body as well as having a better avenue for communication.  That meeting was held; the next meeting will be September 28th at 3 p.m. when a Chair will be elected.

 

Report from a Municipal Official

 

            Maria Coles, City of Ithaca Common Council Member, said she has been reporting to the Common Council about the cost of the Iraq war, including the human cost.  She said cuts from the federal government are passed along to the local communities and then the service providers of many programs plead with the County for funding.   She said to date, the United States has expended $360 billion on the Iraq war; Tompkins County’s share of that is $124 million; the City of Ithaca’s share is $22 million.  Ms. Coles said there are varied estimates as to the number of Iraq deaths from 42,000 to 100,000 or higher.  There are 2,687 dead young American people; 118 deaths of Ukranians, and 115 deaths from other countries.  She said there are over 19,910 young Americans who are wounded, most severely. 

 

            Ms. Coles said the Mayor is presently assembling the budget and is consulting with the Controller and department heads during the month of October.  There will be meetings on the budget and public hearings will be held on October 16, 19, and 25th.   She said the rules governing the budget meetings have been restructured and they will be reviewing that process. 

 

            Ms. Coles said the Mayor and other members of Common Council are attempting to refocus the group that was working on the possible renaming of State Street to Dr. Martin Luther King Street.  The final meeting of the working group that had been trying to resolve what to do about the City’s potable is almost ready to present the City its report, which includes two alternatives:  to rebuild the City’s water plant or to purchase water from Bolton Point.   Either option is extremely costly.  She noted federal funding is no longer available for water treatment plants.

 

Report from the County Administrator

 

            Mr. Whicher spoke of gasoline prices and stated Tompkins County used to follow very closely to the national average but is now consistently approximately ten cents above.

 

            He said he provided all Legislators a copy of a summary of the SWN (Statewide Wireless Network) financing. 

 

            Mr. Whicher spoke of the temperature in the Legislature Chambers and said they are continuing to work on the system and are beginning the balancing process.  He asked that everyone be patient while this work continues.

 

Report from the County Attorney

 

            Mr. Wood had no report.

 

 

 

Report from the Finance Director

 

            Mr. Squires reported he received an e-mail from a resident who was concerned about the high gasoline prices.  He said the only nearby county that removed the sales tax on gasoline was Cayuga County.  He said Mike Connors of Albany County has a website that is devoted to this issue.  

 

Report from the Public Information Officer

 

            Ms. Lynch reported on the community public budget forum that will be held September 21st at 7 p.m. at the Greater Ithaca Activities Center.  She invited everyone to attend to learn, discuss, and let their feelings known about the budget.  She spoke of the format that will be used for the forum.  Mr. Koplinka-Loehr proposed that the format begin with open microphone and if time permits, to split into small groups for dialogue. 

 

            Mr. Proto asked that there be a written record of the forum that capsulizes the comments that are made by the public.

 

Addition of Resolution(s) to the Agenda

 

On motion and duly seconded and unanimously adopted by voice vote, the following resolution(s) were added to the agenda:

 

Ratification of Bargaining agreement for the Civil and Non-Interest Arbitrable Issues   Between Tompkins County, Tompkins County Sheriff, and the Employees’ Union of the Tompkins County Sheriff’s Department;

Amendment to Resolution No. 294 of 2003 for Federal 5311 and new York State Transportation Funding for a Capital Project to Purchase Four Busses and Ancillary Transit Equipment for Rural TCAT Routes

 

Withdrawal of Resolution(s) from the Agenda

 

There were no resolution withdrawn from the agenda.

 

Consent Agenda

 

            There were no items approved under the Consent Agenda.

 

Report from the Facilities and Infrastructure Committee

 

Ms. Kiefer, reported the Committee met on September 12 and heard a report on many items, included the following:

 

There is no Over Target request from the Highway Division because of the Motor Vehicle Use Fee which provides dedicated revenue; the Facilities Division has an Over Target request for $400,000 to cover deferred and ongoing maintenance with buildings and equipment.

The Health Department Capital project was discussed; there is $250,000 in the 2007 budget for design; the Committee agreed that Mr. Marx should pursue updated information on potential sites and that eventually the information should be made available for municipal and public input;

Don Ellis, Director of Weights and Measures, reported all of his work for this year is on schedule and that all fees he currently charges are at the maximum allowable levels.  He also spoke about scanner accuracy.  A draft law was passed by both Senate and Assembly Committees and may be making its way through the Legislature in the near future;

Bill Sczesny, Highway Manager, reported on the status of road ownership discussions that have been taking place and the possible transfers between the towns and the County.  There are two draft memorandums of understanding being circulated, with the Town of Ithaca and the Town of Ulysses;

The Committee listened to comments from the public on the Ellis Hollow Road project, which is in its early design phase;

 

There was discussion and information shared by Ms. Kiefer on single-stream recycling. 

 

Ms. Herrera and Mr. Shinagawa spoke in favor of proceeding with examination of single-stream recycling.

 

Mr. Proto spoke of the “swapping of roads” and stated the Towns of Caroline and Danby are interested in similar arrangements and asked what the protocol would be for them proceeding.  Ms. Kiefer said Mr. Sczesny will be contacting all highway superintendents.

 

Mr. Hattery said he received input from a resident with regard to Coddington Road.  The resident informed him that final design didn’t reflect the input that was provided by the public on the project.  Ms. Kiefer said there is not a final design for that road at this time.  Mr. Wood said he received a letter from an attorney who resides on Coddington Road; he said there is no final design and as part of the process a right-of-way plan is produced and reviewed by residents; therefore, it is premature to be talking about final design.  Mr. Wood said his general understanding from the preliminary design is that almost all of the roadwork will be done within the current use and most of what is being talked about being done out of the current use is grading, which would be a benefit for landowners. 

 

Mr. Joseph spoke of Coddington Road and said the County is constrained by the requirements of State and Federal funding in what is being done on that road.   He said when the Highway Division first put out a proposed design they had already gone to the State with something that was already substantially less than State standards and received approval to do something smaller than normal.  That was what was presented to the residents, many of whom said they wanted the road even smaller.  Mr. Joseph said the Highway went back to the State with another proposal but it was rejected.  He said it is true that the Highway Division’s next design did not reflect the requests of the residents.  He said this does not mean the residents who spoke on this were not heard. Mr. Booth said the County needs to consider many other factors as well as the comments from residents who live along the road.

 

Report and Presentation of Resolution(s) from the Planning, Development and Environmental Quality Committeef

 

            Ms. Robertson, Chair, reported the Committee has not met since the last Legislature meeting.  The next meeting will be September 21 at 3 p.m.  At that meeting the Committee will set up the Local Empire Zone Administration Board.  She asked anyone who would like to suggest someone to serve on that board to do so before that meeting.    Mr. Proto expressed concern over the short amount of time for members to solicit names for this board.  Ms. Robertson said Martha Armstrong of Tompkins County Area Development has communicated that there is an urgency in setting up this board and making it functional but stated that additional appointments can be made at a later time. 

 

RESOLUTION NO. 158 – ACCEPTING AND COMMITTING TO IMPLEMENTATION OF THE 2006 TOMPKINS COUNTY ECONOMIC DEVELOPMENT STRATEGY

 

            MOVED by Ms. Robertson, seconded by Ms. Herrera.

 

            Ms. Kiefer said she supports the mission and vision statement and certainly has no objection to the focus on housing, workforce, and revitalization of commercial districts but was startled by the lack of any discussion on the stress that energy shortages will be bringing to people. 

 

            It was MOVED Ms. Kiefer, seconded by Ms. Mackesey, to amend the resolution by adding the following paragraphs:           

 

WHEREAS, global as well as U.S. oil reserves are not only finite but are at or near the time when production of oil has peaked and can only decline, a concept known as “peak oil”, and this will have a profound effect on virtually all aspects of our lives, since oil and gas in various forms are used not only to power cars, trucks, planes, and electricity-generating plants and to heat buildings, but also as feedstocks for chemicals, pesticides, fertilizers, medicines, and plastics, and the recognition of peak oil calls for a further look at our local Economic Development Strategy, now therefore be it

RESOLVED, further, That as part of fulfilling the Economic Development mission of cultivating “a prosperous and sustainable regional economy”, the Tompkins County Legislature calls on TCAD and its collaborators to recognize the need to grapple with how best to respond to peak oil locally, and, in addition to the three goals enumerated in the Economic Development Strategy, to also focus on ways to help our local economy incorporate renewable energy, remain healthy in the face of the “peak-oil” economic challenge, and move in the direction of being able to provide us locally with needed goods and services.

 

A voice vote on the amendment resulted as follows:  Ayes – 14, Noes – 1 (Legislator Hattery).   MOTION CARRIED.

 

            Mr. Booth said he hopes in the future these documents will stress how the County could take greater advantage of and contribute to the County’s leading industry – education.

 

            Mr. Hattery said he is not in favor of approving this because he feels it contains a lack of concrete strategy and is uncomfortable turning it over to a collaborative that doesn’t return a strategy development on things like increasing a diverse housing supply and how that may lead to market-oriented strategies or public subsidy oriented strategies, one of which he would oppose, the other he would support.    He said his opposition to this resolution is in part to the implementation piece and lack of detail about strategy. 

 

            Mr. Proto said he does not feel the Economic Development Strategy is ready for approval by the Legislature.   He expressed concern because the Planning Committee of the Legislature has never received an update on what the status of the goals is, what the outcomes have been, and if anything has been achieved or not achieved.   Mr. Proto said he feels the Strategy falls short in the areas of education and agriculture.   He stated he would like to see how well the County did on the first document before embarking on another set of goals.  

 

            Ms. Herrera spoke in support of the Economic Development Strategy and said economic development in Tompkins County stands head and shoulders above those around it.  She said at every meeting TCAD (Tompkins County Area Development) provides the Committee with a summary of their activities to date.  She agreed with Mr. Proto in that a look should be taken at implementation continually; however, she strongly supports taking action on this resolution this evening.

 

            Ms. Robertson said Martha Armstrong reported that they found the previous Economic Development Strategy to be too specific and very constraining.  Some of the items that were felt to be very important in 1999 weren’t at the same place on the priority list in 2001.  Ms. Robertson said the purpose of this is to create a working group that would be committed to broad goals that would direct their specific resources in collaboration with other organizations.  

 

            It was MOVED by Mr. Proto, seconded by Mr. Sigler, to Postpone action on this resolution to the October 3, 2006 Legislature meeting. 

 

            Ms. Robertson said she would arrange for a presentation to be held at the October 3 Legislature meeting.   Ms. Mackesey said she does not object to postponing this resolution if members have questions.  Ms. Kiefer said she would like a clear explanation as to why the format is the way it is currently as opposed to the previous Economic Development Strategy, and agrees with Mr. Proto that the full Legislature needs a real status report on the items in the first Economic Development Strategy.

 

            A voice vote on the motion to postpone the resolution resulted as follows:  Ayes – 9 (Legislators Booth, Dennis, Hattery, Kiefer, Mackesey, Proto, Randall, Sigler, and Stevenson); Noes – 6 (Legislators

Herrera, Joseph, Koplinka-Loehr, McBean-Clairborne, Robertson, and Shinagawa).  MOTION TO POSTPONE CARRIED.

 

RESOLUTION NO. 158 – ACCEPTING AND COMMITTING TO IMPLEMENTATION OF THE 2006 TOMPKINS COUNTY ECONOMIC DEVELOPMENT STRATEGY

 

            MOVED by Ms. Robertson, seconded by Ms. Herrera.

 

            WHEREAS, in 1997, the Tompkins County Board of Representatives charged Tompkins County Area Development (TCAD) with the preparation of an Economic Development Strategy to guide countywide activities related to economic development and provide an agenda for positive action, and

WHEREAS, the Economic Development (ED) Strategy prepared for Tompkins County was accepted by the County Board of Representatives in July, 1999, and

WHEREAS, the Economic Development Strategy included the formation of a Coordinating Committee responsible for implementation of the strategy, and

WHEREAS, TCAD initiated a planning process to update the ED Strategy in 2005, involving over seventy-five civic, business and citizen leaders coupled with a research component to provide in-depth information and back­ground data, and

            WHEREAS, the Coordinating Committee, (including representatives from Tompkins County Area Development, the Industrial Development Agency, the Workforce Investment Board, the Chamber of Commerce and Convention and Visitors Bureau, the Ithaca Downtown Partnership, the City of Ithaca Department of Planning and Economic Development and the Ithaca Urban Renewal Agency, the Town of Ithaca Planning Department, the Tompkins County Planning Department, the Ithaca-Tompkins County Transportation Council, Cooperative Extension of Tompkins County, and the Municipal Officials Association) has been meeting quarterly to assess progress toward implementation of the 1999 ED Strategy, to ensure that all parties are fully aware of the challenges and concerns facing committee members, and to participate in creating the 2006 ED Strategy, and

    WHEREAS, the Coordinating Committee structure has proved valuable in uniting the economic development professionals in the community to provide mutual support and assistance, and

    WHEREAS, the process of updating and revising the County’s Economic Development Strategy is complete, bringing with it new challenges and opportunities that can be more fully realized by formalizing the role of the Coordinating Committee and converting it to an Economic Development Collaborative with a mission to:

“Cultivate a prosperous and sustainable regional economy by building the economic foundations, expanding opportunities, and fully engaging the community in ways that reflect the community's strengths and values”, and

            WHEREAS, while further discussion, analysis, and action will be needed to achieve implementation of the Three Five-Year Goals, a strategy document has been developed that offers a sound approach to economic development and will serve as the basis for continuing discussion by the Legislature and the community, and

    WHEREAS, Tompkins County has adopted a Comprehensive Plan and has a record of taking a comprehensive approach to economic development and fostering collaboration to achieve planning and development goals, and

    WHEREAS, global as well as U.S. oil reserves are not only finite but are at or near the time when production of oil has peaked and can only decline, a concept known as “peak oil”, and this will have a

profound effect on virtually all aspects of our lives, since oil and gas in various forms are used not only to power cars, trucks, planes, and electricity-generating plants and to heat buildings, but also as feedstocks for chemicals, pesticides, fertilizers, medicines, and plastics, and the recognition of peak oil calls for a further look at our local Economic Development Strategy, now therefore be it

            RESOLVED, on recommendation of the Planning Development and Environmental Quality Committee, That the Tompkins County Legislature hereby accepts the 2006 Economic Development Strategy for Tompkins County, dated July 18, 2006, as a guide to continuing and future economic development initiatives and activities intended to benefit all residents of Tompkins County in the years to come,

RESOLVED, further, That Tompkins County supports the concept of the Economic Development Collaborative and pledges to participate in strategies that will lead to fulfillment of the mission,

RESOLVED, further, That as part of fulfilling the Economic Development mission of cultivating “a prosperous and sustainable regional economy”, the Tompkins County Legislature calls on TCAD and its collaborators to recognize the need to grapple with how best to respond to peak oil locally, and, in addition to the three goals enumerated in the Economic Development Strategy, to also focus on ways to help our local economy incorporate renewable energy, remain healthy in the face of the “peak-oil” economic challenge, and move in the direction of being able to provide us locally with needed goods and services.

SEQR ACTION:  TYPE II-20

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RESOLUTION NO. 159 - AWARD OF GRANT FOR TOURISM BROCHURE FOR TOWNS

 

            MOVED by Ms. Robertson, seconded by Mr. Dennis.  A short roll call vote resulted as follows:  Ayes – 15, Noes – 0.  RESOLUTION ADOPTED. 

 

            WHEREAS, the town historians within Tompkins County have developed a brochure that visitors and local residents can use to learn about intriguing features and points of interest within each town, and

            WHEREAS, funding exists within the Room Occupancy Tax budget for the production and delivery of the brochures, and

            WHEREAS, the Strategic Tourism Planning Board (STPB) anticipates that the project will encourage local pride and heighten awareness of local assets, and potentially 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, and

            WHEREAS, each town will be asked to contribute $200 to this project, now therefore be it

            RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee and the Budget and Capital Committee, That the County Administrator or his designee is authorized to sign all documents related to this project,

RESOLVED, further, That invoices shall be submitted to Tompkins County Administration for payment in a total amount not to exceed $6,625, and

            RESOLVED, further, That the funds be paid from the Room Tax Reserve Fund.

SEQR ACTION: TYPE  II-20

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RESOLUTION NO. 160 - AMENDMENT TO RESOLUTION NO. 294 OF 2003 FOR FEDERAL 5311 AND NEW YORK STATE TRANSPORTATION FUNDING FOR A CAPITAL PROJECT TO PURCHASE FOUR BUSES AND ANCILLARY TRANSIT EQUIPMENT FOR RURAL TOMPKINS CONSOLIDATED AREA TRANSIT (TCAT) ROUTES

 

            MOVED by Ms. Robertson, seconded by Mr. Proto, and unanimously adopted by voice vote.

 

WHEREAS, Tompkins County submitted a request (Resolution No. 294 of 2003) for a grant of $1,233,800 to the New York State Department of Transportation, pursuant to Section 5311, Title 49, United States Code, for a capital project to purchase: four 40-foot heavy-duty, low-floor transit buses, twenty-two mobile radios, four bus shelters, and fifteen bus stop signs on behalf of Tompkins Consolidated Area Transit (TCAT), and

WHEREAS, New York State Department of Transportation increased Tompkins County’s grant award by $20,000 to $1,253,800 and approved a revised project description as follows: four 40-foot heavy-duty, low-floor transit buses, twenty-four mobile radios, four bus shelters and eight solar bus stop signs for TCAT, and communication and safety equipment for Tioga Transport, Inc., and

 

WHEREAS, the Project’s revised funding sources are as follows:

 FTA Sec 5311

 $1,003,040

 NYSDOT

 $125,380

 TCAT

 $125,380

 Total

 $1,253,800

           

 

                       

 

 

, and

 

WHEREAS, Tompkins County and the State of New York are entering into an Agreement that authorizes the undertaking of the Project and payment of Federal and State shares of the project, and the local share of the project was committed in TCAT’s capital budget for 2005, now therefore be it

RESOLVED, That the Tompkins County Legislature amends Resolution No. 294 of 2003, revising the scope and budget as stated, authorizes said application and agreement for this project and that the Contracts Coordinator/Risk Manager is authorized to sign:

1.      Any and all Agreements between Tompkins County and the State of New York for the above named Project;

2.      Any and all Agreements between Tompkins County and any third party subcontractors necessary to complete the project, if applicable;

3.      Any Municipality/Vendor Contracts for the purchase and or installation of vehicles and equipment.

SEQR ACTION: TYPE II-20

________________

 

Report and Presentation of Resolution(s) from the Personnel Committee

 

            Mr. Dennis, Chair, had no report.  The next meeting will be October 11th.

 

RESOLUTION NO. 161 – AUTHORIZATION TO PAY INTEREST ARBITRATION COSTS FROM THE CONTINGENT FUND

 

            MOVED by Mr. Dennis, seconded by Mrs. McBean-Clairborne.  A short roll call vote resulted as follows:  Ayes – 15, Noes – 0.  RESOLUTION ADOPTED. 

 

            WHEREAS, the Employees Union of the Tompkins County Sheriff’s Department has been working without a contract since March 1, 2004, and

WHEREAS, the Employees Union of the Tompkins County Sheriff’s Department has, by Section 209.4 of the Civil Service Law, been given the right to Compulsory Interest Arbitration, and

WHEREAS, Compulsory Interest Arbitration has never before been exercised in Tompkins County and the amount of these interest arbitration expenses could not have possibly been anticipated or budgeted in advance, and

WHEREAS, no funds have been budgeted or allocated for these or future interest arbitration costs, and

WHEREAS, the Personnel Department has paid previous negotiation and interest arbitration costs from its own rollover funds and these funds are now depleted, and

WHEREAS, additional funds are necessary to pay these expenses, now therefore be it

RESOLVED, on recommendation of the Personnel and the Budget and Capital Committees, That attorney fees to date in the amount of $16,300.47 associated with Compulsory Interest Arbitration will be paid from the Contingent Fund,

RESOLVED, further, That the Director of Finance is hereby authorized and directed to make the payments from the contingent fund:

              FROM:  A1990.54440              Contingent Fund            $16,300.47

SEQR ACTION: TYPE II-20

___________________

 

RESOLUTION NO. 162 - AUTHORIZING NEGOTIATING TEAM THE OPTION TO HIRE A NEGOTIATOR THROUGH A REQUEST FOR QUALIFICATIONS PROCESS – ROAD PATROL NEGOTIATIONS

 

            MOVED by Mr. Dennis, seconded by Ms. Mackesey, and unanimously adopted by voice vote.

 

            WHEREAS, the Employee’s Union of the Tompkins County Sheriff’s Department agreement expired February 28, 2006, and

            WHEREAS, the negotiating team for Tompkins County will begin negotiations for the road patrol of the Sheriff’s Department, and

            WHEREAS, if an outside negotiator is needed, the Personnel Committee proposes the selection process be through a Request for Qualifications, now therefore be it

RESOLVED, on recommendation of the Personnel Committee, That the negotiating team for the road patrol of the Deputy Sheriff’s union be given the option to hire an outside negotiator, if necessary, through a Request for Qualifications (RFQ) process and that the negotiating team has the authority to hire said negotiator.

SEQR ACTION:  TYPE II-20

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RESOLUTION NO. 163 - RATIFICATION OF BARGAINING AGREEMENT FOR THE CIVIL AND NON-INTEREST ARBITRABLE ISSUES BETWEEN TOMPKINS COUNTY, TOMPKINS COUNTY SHERIFF, AND THE EMPLOYEES’ UNION OF THE TOMPKINS COUNTY SHERIFF’S DEPARTMENT

 

            MOVED by Mr. Dennis, seconded by Ms. Mackesey.  Mr. Booth said he will oppose this resolution because he feels it is excessively expensive.    A voice vote resulted as follows:  Ayes – 11, Noes – 4 (Legislators Booth, Hattery, Proto, and Randall).  RESOLUTION ADOPTED.

 

            WHEREAS, members of the Employees Union of the Tompkins County Sheriff’s Department have been working without a contract since March 1, 2004, and

            WHEREAS, negotiations between the County and the Union for a successor collective bargaining agreement began on or about February 10, 2004, followed by additional bargaining sessions and a joint Fact Finding and Interest Arbitration hearing on February 10, 2006, (PERB Case No. M2004-335), and

WHEREAS, several months after the February 10, 2006, joint Fact Finding and Interest Arbitration hearing, the State of New York Public Employment Relations Board, represented by Dennis J. Campagna, submitted its Fact Finding Report and Recommendation to the County and the Union, and

WHEREAS, a tentative collective bargaining agreement for the civil and non-interest arbitrable issues has been reached between Tompkins County and the Employees Union of the Tompkins County Sheriff’s Department that covers the period of March 1, 2004, to December 31, 2007, now therefore be it

            RESOLVED, That the collective bargaining agreement for the civil and non-interest arbitrable issues between Tompkins County, Tompkins County Sheriff, and the Employees Union of the Tompkins County Sheriff’s Department for the years 2004, 2005, 2006, and 2007, is hereby ratified and the County Administrator is directed to sign the tentative collective-bargaining agreement on behalf of the County.

SEQR ACTION:  TYPE II-20

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Report and Presentation of Resolution(s) from the Government Operations Committee

 

            Ms. Herrera, Chair, reported the Committee will meet on September 20th.

 

RESOLUTION NO. 164 – APPROPRIATION FROM CONTINGENT FUND – TERMINAL PAY – ADMINISTRATION

 

            MOVED by Ms. Herrera, seconded by Mr. Booth.  A short roll call vote resulted as follows:  Ayes – 15, Noes – 0.  RESOLUTION ADOPTED.

 

            WHEREAS, Administration had a Public Affairs Officer resign effective February 10, 2006, with terminal pay in the amount of $4,176.22, and

WHEREAS, Administration had a Public Information Officer Trainee resign effective July 28, 2006, with terminal pay in the amount of  $365.59, 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 the 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                        $ 4,541.81

            TO:                  A1988.51000340           Public Information Officer          $ 2,770.50

                                    A1988.58800                Fringes                                      $ 1,771.31

SEQR ACTION: TYPE II-20

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Report from the Budget and Capital Committee

 

Mr. Koplinka-Loehr, Chair, reported the next Expanded Budget and Capital Committee meeting will be held September 25th.   A proposed schedule has been prepared and is based on Legislators submissions of budget priorities. 

 

Mr. Booth asked that any major items be brought back as soon as possible and that the list be as specific as possible.  Ms. Robertson asked if there will be time for departments to come back and answer a question with regard to significant increases in fuel costs.  Mr. Whicher said departments should be made aware in advance if being asked to attend meetings and provide specific information.

 

 

 

 

Report from the Public Safety Committee

 

            Mrs. McBean-Clairborne, Chair, reported the Committee will meet on October 5 at 3 p.m. She spoke of a recent incident which resulted in smoke being dispersed through the building and stated there needs to be a discussion about the Jail facility. 

 

Report from the Workforce Diversity and Inclusion Committee

 

            Mrs. McBean-Clairborne, Chair, reported the committee will meet on September 27 at 3:30 p.m. At that meeting they will discuss bylaws and marketing strategies.

 

Report from the Health and Human Services Committee

 

            Mr. Proto, Chair, reported the Committee met on September 5th and again prior to this Legislature meeting.  The next meeting will be October 4th.  Mr. Proto announced flu clinics will be held in October.   He also reported on the unfortunate incident with regard to the spinach supply in California that led to at least one death.  During a me