Tompkins County Legislature
Regular Meeting
October 17, 2006 - 5:30 p.m.
Legislature Chambers


Public Hearing

 

Mr. Joseph called a public hearing to order at 5:30 p.m. concerning the Small Cities Community Development Block Grant Program for the purpose of discussing general housing, public facilities, and economic development needs in the County.

 

            Chair Joseph asked if anyone wished to speak.  Ed Marx, Commissioner of Planning and Public Works, read the following statement: 

 

CDBG Program Overview

 

“The Small Cities Community Development Block Grant Program is a federally funded program authorized by Title I of the Housing and Community Development Act of 1974.

 

“The Small Cities Program provides grants to smaller communities to ensure decent affordable housing, to provide services to the most vulnerable community members, to create jobs and expand business opportunities for implementing a variety of community and economic development activities directed toward neighborhood revitalization and economic development, and to provide improved community facilities and services. Approximately $50 million of CDBG funds are available each Program Year.

 

“Tompkins County and many of the towns and villages have utilized the CDBG program for a number of projects. The County has received 14 separate grants totaling over 6 million dollars which have primarily been used to support the county’s very successful first time home buyer program as well as a handful of economic development projects.

 

Program Objectives

 

“Identifying the need for CDBG funding must be initiated and developed at the local level. It must be based upon the community’s analysis of its local needs, priorities, and benefits to the community. Each eligible applicant pursuing funding must be responsible for meeting all of the state and federal requirements including the eligibility of each activity and compliance with one of the following national objectives:

 

       benefit low- and moderate-income households,

       aid in the prevention or elimination of slums or blight, or

       meet community development needs having a particular urgency.

 

Types of Applications

 

“The Program is divided into two separate components: the Annual Competitive Grant Round, and the Open Round for Economic Development grants.

 

“Projects submitted under the Annual Competitive Round must address and resolve a specific community development need within one of the following three areas: (a) Housing, (b) Public Facilities, or (c) MicroEnterprise. The notice of funding for the competitive round is generally published in December and applications are due in April. Economic development activities are accepted by the Governor's Office for Small Cities (GOSC) in a non-competitive, open round format throughout the year.

Comments

 

“I will now take any questions, comments on community needs, or suggestions for projects to be considered for 2006 Open Round for Economic Development projects or the 2007 Annual Competitive Grant Round.

 

            “Written comments may be submitted to the Commissioner of Planning, Tompkins County Planning Department, 121 E. Court Street, Ithaca, NY 14850”.

 

            No member of the public wished to speak and the public hearing was closed at 5:35 p.m.

 

            Mr. Booth arrived at 5:35 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:  15 Legislators.

 

Presentation of Proclamation(s)

 

            Chair Joseph presented the following proclamations: 

           

Home Health Aide Appreciation Week in Tompkins County - November 12 thru 18, 2006,  to Betty   Falcao, Health Planning Council; and

Breast Cancer Awareness Week in Tompkins County - October 23-29, 2006, to Bob Ritter, Associate Director of the Ithaca Breast Cancer Alliance

 

Privilege of the Floor by the Public

 

            No member of the public wished to speak.

 

Privilege of the Floor by Legislators

 

            Ms. Herrera, District No. 3 Legislator, announced the annual Ithaca CROP Walk is this weekend with registration taking place on October 22nd at Dewitt Park.  She said there are at least three other CROP Walks that will take place around Tompkins County and encouraged everyone to participate as this provides benefits at both the local and national levels.     She also announced there is a Tompkins County team for the Ithaca Breast Cancer Alliance Walk-a-thon and encouraged others to support this important cause as well.

 

            Mr. Stevenson, District No. 8 Legislator, spoke of the importance of changing batteries in smoke detectors, as they are the most important life-safety devices that can be used in a home.   He encouraged everyone to do this as they set their clocks back for daylight savings time.

 

Mr. Koplinka-Loehr, District No. 11 Legislator, announced the Chamber of Commerce is hosting its annual fundraising auction on October 19th and stated he has an extra ticket for any interested Legislator.

 

Ms. Robertson, District No. 13 Legislator, announced the Ithaca Free Health Clinic will host a free clinic every fourth Tuesday each month and will have health educators on site.  She stated this is a free health clinic for children without health insurance. 

 

 

            Mr. Dennis, District No. 15 Legislator, reported the Tompkins County Health Department is conducting a series of flu shot clinics over the next few weeks.  Information can be obtained by contacting the Health Department.

 

Report from the Chair

 

            Mr. Joseph announced a meeting in the form of a panel on affordable housing will be hosted by Mayor Carolyn Peterson, and will feature a discussion of the local housing market.   It will be held Thursday, October 19th from 9 to 11 a.m. in Common Council Chambers.

 

Report from the County Administrator

 

Mr. Whicher said he has provided a General Revenue Summary to all Legislators this evening in addition to a letter showing how responsibilities have been delegated in the Department of County Administration in his absence

 

Report from the County Attorney

 

Mr. Wood had no report

 

Report from the Finance Director

 

Mr. Squires reported on the Sheriff’s contract settlement and Arbitrator’s award in which the County is required to make payment for whatever was in the award within 30 days.   He praised staff in the departments of Information Technology Services, Finance, and Personnel, for completing this task in a quick and efficient manner in order to allow for payments to be made which represent a dispersement in the amount of $407,000.

 

Addition of Resolution(s) to the Agenda

 

There were no resolutions added to the agenda. 

 

Withdrawal of Resolution(s) from the Agenda

 

            Chair Joseph gave the appropriate committee chair permission to withdraw the resolution from the agenda entitled Urging the Federal Government to Commence a Human, Orderly, and Comprehensive withdrawal of the United States Military Personnel and Bases from Iraq. 

 

Approval of Resolution(s) Under the Consent Agenda

 

            It was MOVED by Mr. Proto, seconded by Ms. Mackesey, and unanimously adopted by voice vote, to approve the following resolution(s) under the Consent Agenda:

 

RESOLUTION NO. 174  -   IN SUPPORT OF THE COUNCIL OF GOVERNMENTS’ GRANT APPLICATION FOR NEW YORK STATE SHARED MUNICIPAL SERVICES PROGRAM – LOCAL HEALTH INSURANCE INCENTIVE AWARD

 

            MOVED by Mr. Proto, seconded by Ms. Mackesey, and unanimously adopted by voice vote under the Consent Agenda.

 

WHEREAS, the County of Tompkins has joined the Tompkins County Council of Governments, and

Whereas, the Council of Governments has resolved to apply for an incentive award under the New York State Shared Municipal Services Program, and

Whereas, the grant will assist the municipalities in Tompkins County to create a local health consortium, and

WHEREAS, the health care consortium will seek to develop health care coverage for all municipalities with the intent to provide a net savings to the taxpayers of Tompkins County, now therefore be it   

Resolved, on recommendation of the Government Operations Committee, That the County of Tompkins shall be designated as the Lead Applicant and that the County Administrator is Authorized to act as the contact person for this grant,

RESOLVED, further, That the County Administrator or his designee is hereby authorized to act on behalf of the County to all matters related to this grant.

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RESOLUTION NO. 175 -  APPOINTMENT OF ELECTION COMMISSIONER FOR 2007-

      2008

 

            MOVED by Mr. Proto, seconded by Ms. Mackesey, and unanimously adopted by voice vote under the Consent Agenda:

 

            WHEREAS, Election Commissioner Stephen DeWitt's term is due to expire December 31, 2006, and

WHEREAS, the Tompkins County Democratic Committee, at its September 20, 2006, meeting recommended Stephen M. DeWitt for reappointment to a two-year term, now therefore be it

            RESOLVED, on recommendation of the Tompkins County Democratic Committee and the Government Operations Committee, That Stephen M. DeWitt be and hereby is appointed Democratic Party Elections Commissioner for the two-year term commencing January 1, 2007, and ending December 31, 2008.

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RESOLUTION NO. 176 - BUDGET ADJUSTMENTS – VARIOUS DEPARTMENTS

 

            MOVED by Mr. Proto, seconded by Ms. Mackesey, and unanimously adopted by voice vote under the Consent Agenda:

 

            RESOLVED, on recommendation of the Health and Human Services, and Public Safety Committees, That the Director of Finance be directed to make the following budget adjustments on his books:

 

Health Department – Planning and Coordination

Revenue Acct             Title                       Amt                         Approp Acct                Title(s)

4010.44959       Federal Aid                    $15,854           4010.54442                   Professional Services

Explanation:  Extension of Innovative Dental program contracted 7/1/06 – 3/31/07 (contract with Department of Social Services).

 

Health Department – Community Health Services

Revenue Acct             Title                      Amt              Approp Acct                Title(s) ญญญญ

4016.43489       Other Health Income      $5,000              4016.54442                   Professional Service

Explanation:  Extension of Diabetes Grant.                                                           Fees

 

Sheriff

Revenue Acct             Title                      Amt              Approp Acct                Title(s) ญญญญ

3113.42770       Other Miscellaneous       $9,085              3113.52231                   Vehicles

                         Revenues

Explanation:  Payment for damage to patrol car; budget adjusted to allow for repair expense from the proper account.

 

Office for the Aging

Revenue Acct             Title                      Amt              Approp Acct                Title(s) ญญญญ

6780.43803       State Revenue               $56,477            6780.54491                   Subcontractor

Explanation:  Increase revenue in the EISEP program for subcontract.

 

6793.44772       Federal Revenue            $7,000              6793.54491                   Subcontractor

Explanation:  Increase revenue in the HIICAP program for subcontract.

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RESOLUTION NO. 177 – AUTHORIZATION TO EXECUTE A FIVE-YEAR AGREEMENT WITH THE NEW YORK STATE DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES (CJATI)

 

            MOVED by Mr. Proto, seconded by Ms. Mackesey, and unanimously adopted by voice vote under the Consent Agenda:

 

            WHEREAS, New York State has enacted laws to promote more efficient jail population and prison population management and the development of Alternative to Incarceration (ATI) projects, and has appropriated funds for the establishment and operation of said ATI projects pursuant to Chapter 50 of the Laws of 2006, and

            WHEREAS, the Criminal Justice Advisory/Alternatives to Incarceration Board of Tompkins County, pursuant to New York State Executive Law, has for many years participated in this contract through its annual Service Plan, and

            WHEREAS, the New York State Division of Probation and Correctional Alternatives, in conjunction with the Office of the State Comptroller, has developed a contract reflecting a five-year term rather than an annual contract, reflecting the annual sum of $26,800, a total of $134,000, requiring no matching local share, now therefore be it

            RESOLVED, on recommendation of the Public Safety Committee, That the County Administrator or his designee is authorized to sign a five-year contract on behalf of the County’s Criminal Justice Advisory/Alternatives to Incarceration Board with the New York State Division of Probation and Correctional Alternatives for the period of January 1, 2006, through December 31, 2010, for use in establishing or continuing appropriate ATI programs and projects.

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RESOLUTION NO. 178 – BUDGET TRANSFER – PERSONNEL

 

            MOVED by Mr. Proto, seconded by Ms. Mackesey, and unanimously adopted by voice vote under the Consent Agenda:

 

            WHEREAS, the United States Post Office’s Plan for Secure Postage Meter Technology requires that Tompkins County replace our existing mail meter machine prior to December 31, 2006, and

            WHEREAS, the Personnel Department, by streamlining and creating efficiencies within the department has the money for this equipment purchase in a personnel line, and

            WHEREAS, transfers from personnel lines require Legislative approval, now therefore be it

            RESOLVED, on recommendation of the Personnel Committee, That the Director of Finance be directed to make the following budget transfer on his books:

 

Personnel Department

Revenue Acct              Title                      Amt               Approp Acct                  Title(s)  ญญญญ___________

1346.51000615           Salary                 $16,552                        1346.52220       Departmental Equipment

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Approval of Appointment(s) Under the Consent Agenda

 

            It was MOVED by Mr. Proto, seconded by Ms. Mackesey, and unanimously adopted by voice vote, to approve the following appointment(s) under the Consent Agenda:

 

Substance Abuse Subcommittee

John Bezirganian – Mental Health Board representative; term expires December 31, 2007

 

Mental Retardation/Developmental Disabilities Subcommittee

Auguste L. Duplan – Mental Health Board representative; term expires December 31, 2007

 

Criminal Justice Advisory/Alternatives to Incarceration Board

Patricia Carey – DSS representative; term expires December 31, 2007

 

Report from the Government Operations Committee

 

            Ms. Herrera, Chair, reported the Committee met prior to this meeting.  Of the three items considered, two were approved under the Consent Agenda and the other failed by a 3-2 vote and will be taken up for discussion later in the meeting as an individual member-filed resolution.  The next meeting will be October 18th. 

 

Distinguished Youth Award

 

            Mr. Joseph presented the October, 2006 Distinguished Youth Award to Daniel Swann who recently turned 12 years old.  Daniel has been volunteering at “The Old Hundred,” a beautiful, assisted-living facility in the Town of Ithaca.  Every Sunday during the summer Daniel spent an hour reading to and chatting with the residents there, six women in their ninth decade.   Last year he also performed community service during which he chose to rake and mow the lawn of an elderly neighbor. 

 

Report from the Planning, Development, and Environmental Quality Committee

 

Ms. Robertson, Chair, reported the Committee will meet October 19th and will receive an update on the Park and Ride program, eminent domain, and the Lansing Sewer District.

 

Report and Presentation of Resolution(s) from the Budget and Capital Committee

 

Mr. Koplinka-Loehr, Chair, had no report.

 

RESOLUTION NO.  179 - ADOPTION OF AMENDMENTS TO THE 2007 TENTATIVE      TOMPKINS COUNTY BUDGET AND 2007-2011 CAPITAL PROGRAM          

 

MOVED by Mr. Koplinka-Loehr, seconded by Mr. Dennis.  Mr. Proto requested an explanation of how the budget process will proceed from this point forward. 

Mr. Joseph explained the Tentative Budget has legal standing.  If this Legislature is unable to pass a budget then the Tentative Budget will become the budget for the following year.   He stated when the County Administrator gives the Legislature a budget that is the Tentative Budget.  What the Legislature is now doing is considering a motion to amend that Tentative Budget in all of the ways that were  discussed and approved by a vote in the Expanded Budget Committee.  Mr. Joseph said if this resolution passes this will become the new Tentative Budget and will also be the default budget if a new budget is not adopted by this Legislature.   In order to amend the Tentative Budget you must have a resolution that appears on the agenda in advance or is added by the Legislature by ten affirmative votes at the meeting.   At the meeting where the budget is offered, Legislators may make motions to amend the budget; however, if the final budget is not approved, the Tentative Budget as amended will go into effect. 

Mr. Booth said he will oppose this resolution for several reasons.   First, in   his opinion the tax rate as it presently stands is too high in  the proposed budget.  He said that the tax rate increase must be understood in conjunction with the major increases in assessments that have occurred in recent years and said he believes any tax rate increase should be substantially below the rate of inflation or the consumer price index.  He also expressed concern about cumulative tax increases City residents will pay for the combination of City, School, and County taxes.  

Second, Mr. Booth believes the County's labor contracts over the past couple of years are much too generous for what the county can fiscally support at this time

            Third, he said that the tentative budget presented by Mr. Whicher, County Administrator, required this Legislature to deal with five major challenges (the first four of which  involved proposed use of one-time money to cover ongoing County costs that in his opinion should be covered by ongoing tax revenues):  (a)  money being spent next year for the County communications project in anticipation of eventual contributions to the county from the statewide wireless network;  (b)money being spent next year for  jail boardout expenses; (c) money being spent next year for major  facility repairs; (d) money being spent next year to restore the County highway system, a commitment the legislature made  two years ago; and (e)  the amount of surplus funds left in the County budget above  the target fund balance.   Mr. Booth does not think enough was done in any of these areas, particularly with respect to repair of County facilities, rebuilding of County roads; and the amount of surplus funds above the target fund balance.   

             He said it is apparent to him that at this time  this Legislature cannot reduce existing spending and is not willing to look realistically at long-term costs that need to be covered with long-term funding.

Mr. Koplinka-Loehr spoke of the process and the lack of tools to do a program evaluation.  He said he hopes that every legislator will dedicate themselves to a more comprehensive process.

 

Ms. Robertson said there are many different ways to reach a conclusion on the budget.  The tension between ongoing services and taxes resulted in immensely difficult choices where agreement could not be reached on priorities.  She thought the process was good in balancing different needs, particularly at a time when the County is facing cuts from the federal government.   She feels the Tentative Budget is responsible and reasonable.

 

Mr. Proto said he would like to obtain further input from the public.  He agrees with many of the concerns expressed by Mr. Booth, as well as many of the comments made by Ms. Robertson. 

 

Ms. Kiefer said she shares many of the concerns raised by Mr. Booth; however she feels this Tentative Budget represents a good balance and a budget to take to the taxpayers for public comment.

 

Ms. Herrera said she is one of the Legislators who called for a zero percent increase.   The process provided a great amount of education on several programs for which she is grateful.  She spoke of the Tentative Budget and said although she would have liked to have it be zero, she recognized the difficult choices that needed to be made.  She still is not pleased with where the tax rate increase presently stands, but said she holds out hope that it can be reduced further this year before final adoption as well as in years to come.  

 

A voice vote resulted as follows:  Ayes – 10, Noes – 5 (Legislators Booth, Hattery, Randall, Sigler, and Stevenson).  RESOLUTION ADOPTED.

 

            WHEREAS, amendments to the 2007 tentative budget and 2007-2011 capital program, were recommended and filed by the Expanded Budget and Capital Committee on October 16, 2006, and

            WHEREAS, a public hearing is tentatively scheduled for November 14, 2006, 7:00 p.m., at the Legislative Chambers, now therefore be it

            RESOLVED, on recommendation of the Expanded Budget and Capital Committee, That the 2007 Tentative Budget and 2007-2011 Capital Program submitted by the County Administrator is hereby amended in accordance with the recommendations of the Expanded Budget Committee, the action taken by this Legislature on this date, and the Rules of the County Legislature and Article 7 of County Law for a total tax levy amount of $34,787,446, resulting in an approximate tax rate increase of 2.6 percent.

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Report and Presentation of Resolution(s) from the Public Safety Committee

 

Mrs. McBean-Clairborne, Chair, said the Committee met on October 5 and approved a resolution appropriating funds to Offender Aid and Restoration which appears on the agenda this evening.  Nancy Rosen, Interim Director, was present at the meeting and provided the Committee with an overview of the Bail Fund.  The Committee also heard a follow-up report to the Criminal Justice Advisory/Alternatives to Incarceration  presentation.  Paula Younger, Deputy County Administrator, reported workgroups will be meeting to discuss specific areas.  The Committee also received updates on the communications project and emergency medical dispatch from Lee Shurtleff, Director of Emergency Response.   Ms. Robertson, Liaison to the Family Court Advisory Council, reported to the Committee on the opening of the out-of-school suspension project at the Community School.  This program is for students who have been sentenced to a full-day of out-of-school suspension.

 

RESOLUTION NO. 180 – APPROPRIATION FROM CONTINGENT FUND – BAIL FUND PROGRAM – OFFENDER AID AND RESTORATION

 

MOVED by Mrs. McBean-Clairborne, seconded by Mr. Koplinka-Loehr.

 

Mr. Hattery said he will oppose this resolution because the program was initially started by community contributions and has moved toward being supported by public tax dollars, which he cannot support.

 

Ms. Robertson said she supports this resolution and thinks this is a wise use of taxpayer money as the majority of bails are returned and there is interest charged to bails.  She stated the Bail Fund also reduces the cost to the taxpayer for boarding prisoners to other jails.

 

Mr. Proto suggested the Judges may be setting bails at a higher rate than OAR can absorb.   He said the information provided by Ms. Rosen was very helpful; however, a plea needs to be made to the Judges to reduce the level of bails being set.

 

Mrs. McBean-Clairborne said the Judges are not setting bails outside of the levels established by law.  Those individuals who are in jail have not been convicted of a crime and in many cases are staying in jail because they cannot afford to pay the bail.   She feels adopting this resolution is a wise and responsible action for the County to take. 

 

A roll call vote resulted as follows:   Ayes – 10 (Legislators Booth, Dennis, Herrera, Joseph, Kiefer, Koplinka-Loehr, Mackesey, McBean-Clairborne, Robertson, and Shinagawa); Noes – 5 (Legislators Hattery, Proto, Randall, Sigler, and Stevenson).  RESOLUTION ADOPTED.

 

 

WHEREAS, Offender Aid and Restoration (OAR), through its Bail Fund program, makes bail accessible for low-income individuals when available funds are the only barrier to release from the Tompkins County Jail pending trial, and

WHEREAS, bail amounts set by judges have risen significantly over the years such that OAR is able to help fewer people with the same amount of funding, and

WHEREAS, at the beginning of 2006, OAR lowered the maximum amount for which they would consider securing bail in amounts from $2,500 to $1,500 or less, simply because there was not enough money to go around and the agency decided to allocate smaller amounts to more people rather than larger amounts to fewer people, and

WHEREAS, in the first eight months of 2006 there were ten inmates who met the agency criteria for bail, with a mix of $500 to $1,500 bails (average about $1,000), but these inmates remained incarcerated because the bail fund was depleted and OAR did not have the money to lend them, and

 WHEREAS, an additional $10,000 in the bail fund would result in the following:

       Fewer jail days for the County to pay (Note:  the Tompkins County Public Safety Facility costs about $100 per day, and a board-out at a neighboring jail costs about $105 per day; this would quickly add up to more than $10,000 saved);

       Fewer people losing their jobs and health insurance due to absence from work and then needing to go on public assistance following jail time;

       Greater equity between people with the means of paying bail and those who do not have sufficient income to post bail;

       Reduced family trauma from having a family member jailed. Many of the people who are arrested and assigned bail have their cases dismissed; others are sentenced to non-jail alternatives. Having to wait for their court date in jail, rather than at home while maintaining their family life, harms their children and other relationships. Family trauma also results in clients losing their homes, requiring the County to pay for lodging at the shelter or other housing alternatives, and

            WHEREAS, OAR achieves a ninety percent return rate on its bails posted, with only very few forfeitures in the last six years, so that the $10,000 would be replenished and reallocated, now therefore be it

            RESOLVED, on recommendation of the Public Safety and the Budget and Capital Committees, That the Director of Finance be authorized to make the following budget appropriation:

            FROM:  A1990.54400                       Contingent Fund                    $10,000

            TO:     A6316.54400             Program Expense                  $10,000

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Report from the Workforce Diversity and Inclusion Committee

 

Mrs. McBean-Clairborne, Chair, reported the Committee will meet on October 25th at 3:30 p.m. at the Beverly Livesay Conference room where discussion will continue on bylaws and membership. 

 

Report and Presentation of Resolution(s) from the Health and Human Services Committee

 

Mr. Proto, Chair, reported the Committee met on October 4 and had a report from the Office for the Aging on the point of entry situation. Ms. Holmes was impressed with other County departments that were assisting with this.  The Committee also received an update from Nancy Zahler, Director of Youth Services, on the Job Link and the Youth Violence Prevention Task Force.   The Committee also received a report from the Human Services Coalition on the status of the TompkinsRx program.

 

Ms. Robertson reported on the TompkinsRx program and said the program which has been in effect for over a year and a half has saved Tompkins County taxpayers over $350,000.  There have been 1,500 prescriptions filled monthly on average with a 24% savings.  She reminded the public that there are no County taxpayer funds involved in this and it results in very little work.  She also spoke of the Urgent RX program that received a contribution of $25,000 from the United Way.  This program helps to pay for urgent needs when someone goes to the emergency room at facilities such as Cayuga Medical Center or the Convenient Care Center, and needs costly post-emergency room prescriptions.

 

Mr. Proto concluded the Committee will meet next on November 1st.  At that meeting there will be discussion on the Committee’s work plan.

 

RESOLUTION NO. 181 – APPROPRIATION FROM CONTINGENT FUND –    TERMINAL REPLACEMENT PAY – HEALTH DEPARTMENT

 

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

 

            WHEREAS, the Health Department had a Senior Public Health Engineer retire effective September 8, 2006, and

            WHEREAS, the Fiscal Policy of Tompkins County allows for terminal pay replacement from the Contingent Fund, and

            WHEREAS, a portion of the terminal pay has been authorized and paid, now therefore be it

            RESOLVED, on recommendation of the Health and Human Services and the Budget and Capital Committees, That the Director of Finance is hereby authorized and directed to make the following budget appropriations:

            FROM: A1990.54440                Contingent Fund                                    $11,241

            TO:                  A4090.51000240           Senior Public Health Engineer     $  8,087

                                    A4090.58800                Fringes                                      $  3,154

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Report from the Facilities and Infrastructure Committee

 

Mr. Randall, Chair, reported the next meeting will be October 24th

 

Report from the Personnel Committee

 

Mr. Dennis, Chair, reported the next meeting will be November 8th.  He announced three sexual harassment workshops have been scheduled by the Personnel Department at the Beverly Livesay Conference Room.  He also said a Request for Qualifications is in process for establishing a contract with a negotiator for the next round of road patrol negotiations.

 

 

 

 

 

 

 

 

Individual Member-Filed Resolution

 

RESOLUTION NO. 182 – URGING THE FEDERAL GOVERNMENT TO COMMENCE A HUMANE, ORDERLY, AND COMPREHENSIVE WITHDRAWAL OF UNITED STATES MILITARY PERSONNEL AND BASES FROM IRAQ

 

MOVED by Ms. Kiefer, seconded by Ms. Robertson.  Ms. Kiefer explained changes in the resolution to reflect updated death, injury cost figures, and to indicate the Legislature is speaking  for itself and not necessarily all of the residents in Tompkins County.

 

It was MOVED by Mr. Hattery, seconded by Mr. Randall, to Table this resolution.  A voice vote resulted as follows:  Ayes – 7 (Legislators Booth, Dennis, Hattery, Proto, Randall, Sigler, and Stevenson); Noes – 8 (Legislators Herrera, Joseph, Kiefer, Koplinka-Loehr, Mackesey, McBean-Clairborne, Robertson, and Shinagawa).  MOTION FAILED.

 

Ms. Herrera said this resolution did not make it out of the committee process when initially taken up but that time has allowed people to hear about it and weigh in on it with their Legislators.  Ms. Herrera believes there is a local reflection of these national events and said it is a local issue with appropriate timing.    She also appreciates the update and changes Ms. Kiefer has inserted. 

 

 Ms. Robertson called attention to a website containing the Iraq Body Count Database and stated the comparison to the United States is the equivalent of losing 535,000 Americans as the United States has a population of 300 million compared to Iraq’s population of 26 million.

 

Mr. Dennis said when 911 occurred his sons lost very close friends in that event.  He was personally impacted and felt that although something should be done, he did not expect this war to take place.  He said it seems lawmakers on both sides of the political aisle believe there needs to be an exit policy for this war and he will support this as it may go a small way towards ending a terrible situation that is taking place in another part of the world.

 

Mr. Stevenson said he will not support this resolution.  At the beginning of the budget process this Legislature endeavored to produce a budget with a zero percent tax increase.  In his opinion, the Tentative Budget is bigger than it ought to be.  One thing that frustrates him is that this legislative body spends time debating issues that are not the County’s or are not appropriate to debate.  He doesn’t doubt the County could use federal tax dollars; however, he thinks this resolution sends the wrong message as it shows the County is spending time debating this when the County’s budget and relevant county business needs to be discussed.

 

Mr. Randall said he did not support this resolution in Committee.  He agreed with the comments made by Mr. Stevenson that this is not the appropriate place to discuss this, and said he will be representing all of his constituents when he makes his choice clear as he votes.

 

Ms. Kiefer said everyone is feeling the effects of the use of taxpayer dollars outside the United States these days and thinks it is legitimate to bring this before this legislative body. She would be glad to have members just vote rather than discuss.

 

Mr. Proto said there were several votes and issues about the public not being involved and informed with regard to the Town of Danby resolution.  He said it took a long time to rework the resolution and the final resolution passed by a vote of 3-2.   Mr. Proto said he empathizes with veterans and recalled the events of 911 during which he lost friends and relatives as well.   Mr. Proto, a member of the local Veteran’s Chapter, said others who are truly supportive of our men and women in the United States Armed Forces, are extended an invitation to come to any of the veterans events that take place. 

 

Mr. Sigler does not believe this is a local issue and instead is a matter of opinion whether the United States should be at war in Iraq.  He spoke to the comments regarding lost funding to localities and said that impact is not being felt yet and it is being applied to the deficit, an impact that will be felt later by our children and grandchildren.   He spoke of the handout from Ms. Robertson showing death counts and stated the counts include civilian deaths caused by insurgent and terrorist attacks as well.   Mr. Sigler said the majority of national democrats agree there should be a change in course but immediate withdrawal is not the right action. 

 

Ms. Herrera said one of the reasons this is being brought up is about the federal government telling the County to support programs that were initially started with federal funds and no longer providing support for them.

 

Mrs. McBean-Clairborne, stated she represents individuals who have gone to jail over opposing this war and also knows people who are dying as a result of this war.  She strongly feels the war needs to end.

 

Mr. Booth said that any individuals who wish to comment on the war in Iraq should do so.  He noted that his constituents did not elect him to serve on this Legislature for the purpose of taking positions on foreign policy decisions by the United States government or on the movement of American armed forces.  He stated that he does not believe the County Legislature has any "jurisdiction" flowing from its legal responsibilities that justify its commenting on choices made by the federal government regarding Iraq.  He stated further that the County Legislature lacked any institutional competence to comment on these matters. 

 

Regarding the substance of the resolution, he  noted that wars  are terrible, that they are generally not popular and should not be,  and that they usually involve  great human sacrifice and immense loss.  He noted further that the language regarding deaths in Iraq suggested that American forces are  responsible for all of those deaths, whereas in fact many of those deaths are being caused by people who are intentionally attempting to shock the world by slaughtering innocent men, women, and children.  In addition, he stated that  this resolution does not present a plan for strategic withdrawal from Iraq but only calls for the United States to withdraw immediately;  he said this position could not gain support from any major candidate for President  and could not be adopted by either house of Congress, whether controlled by Republicans or Democrats.  In his opinion, immediate withdrawal by American forces from Iraq would lead to disastrous consequences for Iraq, America, Israel, and the entire world.

 

            A voice vote resulted as follows:  Ayes – 9 (Legislators Dennis, Herrera, Joseph, Kiefer, Koplinka-Loehr, Mackesey, McBean-Clairborne, Robertson, and Shinagawa); Noes – 6 (Legislators Booth, Hattery, Proto, Randall, Sigler, and Stevenson).  RESOLUTION ADOPTED.

 

            WHEREAS, Tompkins County Legislature strongly supports the men and women serving in the United States Armed Forces in Iraq and recognize the sacrifices that each of them is making, and

            WHEREAS, the war and the occupation of Iraq:

1.      Have caused the deaths of over 2,700, and serious injury to over 20,000 of our young soldiers;

2.      Have resulted in the deaths of tens of thousands of Iraqi civilians, and the devastation of Iraqi infrastructure;

3.      Have created a training and recruitment ground for terrorists;

4.      Have already cost more than three-hundred-seventy billion dollars, of which Tompkins County’s share is over $145 million, money that could be spent at home for education, health care, and property tax relief,

now therefore be it

            RESOLVED, That the Legislature of Tompkins County, on behalf of the people of Tompkins County urges our Federal government to commence a humane, orderly, and comprehensive withdrawal of United States military personnel and bases from Iraq,

            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, Vice President Dick Cheney, U.S. Attorney General Alberto Gonzales, Senator Charles Schumer, Senator Hillary Clinton, Congressman Maurice Hinchey, and Congressman Sherwood Boehlert.

SEQR ACTION:  TYPE II-20

___________________

 

Approval of Minutes of September 19 and October 3, 2006

 

            It was MOVED by Mr. Booth, seconded by Mr. Shinagawa, and unanimously adopted by voice vote, to approve the minutes of September 19 and October 3, 2006 as corrected.  MINUTES APPROVED.

 

Adjournment

 

            On motion the meeting adjourned at 7:23 p.m.

 

 

 

Respectfully submitted by Michelle Pottorff, TC Legislature Office

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