Tompkins County Legislature
Regular Meeting
November 8, 2006 - 5:30 p.m.
Legislature Chambers


Public Hearing

Mr. Joseph called a public hearing to order at 5:30 p.m. to discuss submitting a specific application for open-round economic development funds under the Small Cities Community Development Block Grant Program in 2006.

 Chair Joseph asked if anyone wished to speak.  Heather Filiberto, of the Planning Department provided the following information:

“Tompkins County is preparing to submit an application for assistance to the New York State Governor’s Office for the 2006 Small Cities Community Development Block Grant open round Economic Development Program funding.

Funding Requested
“A grant request of $516,000 is proposed to provide a $500,000 economic development loan to RPM Ecosystems. $16,000 will be retained by Tompkins County to cover administration and program delivery costs.

“RPM Ecosystems will receive a $500,000 loan at an interest rate of 4% for a term of five years. Funds shall be used for product development and working capital associated with the start up and expansion of the business. New business development and the associated creation of jobs supports the economic development needs of Tompkins County as identified in the County’s Comprehensive Plan and the 2006 Economic Development Strategy.

Proposed Activity
“The RPM Ecosystems Growing Operation Project will establish a plant nursery on approximately 159 acres of land located at approximately 2150 State Route 13 in the Town of Dryden on existing, vacant farmland. The project will occupy approximately half of the site. Development will include a four-acre pond for irrigation, installation of 40 greenhouses, an education/outreach center, and associated accessory buildings to support the business. Total project costs are documented at $8,000,000. The project will leverage over  $7,000,000 in private funds
 

 National Objective
“The RPM Ecosystems project meets the national objective of the CDBG program of expanding economic opportunities for persons of low and moderate incomes. Within three years, RPM Ecosystems will create 56 full-time permanent jobs, 44 (or 79%) of which will be made available to persons of low- and moderate-income.

“A copy of the application is available for review at the Tompkins County Planning Department, 121 E. Court Street, Ithaca, NY.”

Ms. Robertson asked what “RPM” stands for and was informed RPM® Ecosystems’ products are grown by a patent-pending Root Production Method (RPM®).  The RPM® process is uniquely based on a multi-step system that includes air pruning of the root system and trademarked soil preparation and husbandry techniques.  The resulting denser, more fibrous root mass enables the tree to absorb and utilize more oxygen and nutrients, greatly enhancing the trees’ growth rate and survival rate.

Mr. Sigler inquired where the trees would be sold as he has concerns about competition with other local businesses.  Ms. Filiberto stated the trees will be used primarily for restoration projects undertaken by the US Army Corps of Engineers, various Soil and Water Conservation Districts, and others in the northeast region of the country, primarily outside of Tompkins County.

Ms. Robertson said the company received an abatement from the Industrial Development Agency and that during the application process it was noted the sales would not be retail sales.  Ms. Herrera stated she had heard other financial assistance was not received and inquired what it was.  Ms. Filiberto said she believed it was a request to New York State Empire State Development for an equipment grant; the inability to receive the grant should not affect the overall project.  In addition, Ms. Filiberto said she believes the company has also applied for a $250,000 grant from NYSERDA for their greenhouses, which is pending.  The company has received their bank funding and have invested $2.5 million in equity into the project thus far.

 No one else wished to speak and the public hearing was closed at 5:36 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.

Resolution to Honor George M. Dentes

 At this time Chair Joseph asked Mr. Proto to bring forward a resolution honoring former District Attorney, George M. Dentes, who passed away on October 31st.

 It was MOVED by Mr. Proto, seconded by Mr. Booth, and unanimously adopted by voice vote, to add the resolution entitled Honoring Former District Attorney George M. Dentes to the agenda.  MOTION APPROVED.

RESOLUTION NO. 183 – HONORING FORMER DISTRICT ATTORNEY GEORGE M. DENTES

 It was MOVED by Mr. Proto, and unanimously seconded, and adopted by voice vote.

 Mr. Joseph stated that while he and Mr. Dentes had political and policy differences, it never prevented them from treating each other with respect and cordiality on a daily basis.  He said there was no question about Mr. Dentes professional competence and commitment of service to the people of Tompkins County; his passing is a loss to all.

 Mr. Proto expressed the gratitude of himself and Mr. Dentes family for those able to attend the visiting hours and services.  He stated the calling hours began at 2:30 p.m. and ended at 9:45 p.m., with an estimate of between 700 to 1,000 individuals paying their respect.  Mr. Proto said the services itself was also highly-attended and the family appreciated all that was done for them.

 Mrs. McBean-Clairborne spoke of her working with Mr. Dentes as a part of the Public Safety Committee, noting he brought a sense of humor, commitment, and intelligence about his job that she deeply admired.  She said he was extremely knowledgeable and shared his opinions as well as information on the law.  Mrs. McBean-Clairborne said and others received an education from Mr. Dentes that will be sorely missed.  In addition, she said when information from the District Attorney was needed he found time for not only members of the Committee but others as well; and although he did not always agree he was willing to listen and share his thoughts and ideas.  Mrs. McBean-Clairborne said his work was appreciated and his passing is a loss to the community, particularly at such an early age.

 Mr. Hattery said that while he did not know him well, Mr. Dentes was an inspiration to public service and he appreciated all he did.

 Mr. Booth said he has three enduring images of Mr. Dentes:  (1) at Tompkins County budget presentations he was direct and forthright, although he may be told no he said it the way he saw it; (2) as a former neighbor he has the image of Mr. Dentes walking up the street at the end of the day, his coat on his shoulder and a smile on his face; and (3) during the first half of the Cornell University/Navy spring game he met and spoke with Mr. Dentes, met one of his brothers, and saw that Mr. Dentes appeared happy and healthy and spoke excitedly of his new job in Albany.  Mr. Booth said it is a great tragedy that someone died so young.

 Mr. Randall said he did not know Mr. Dentes well; his first interaction was following the primary election prior to sitting on the Legislature.  Mr. Randall said he received a call from Mr. Dentes who made a wonderful first impression; he was engaged, sincere, and supportive.

 Mr. Sigler said very few things shock him, however, upon hearing the news of Mr. Dentes passing he was in disbelief.  Mr. Sigler said very few people inspire others like Mr. Dentes did and that the short time he was alive left the County and the world a better place to live in.  Mr. Sigler expressed his condolences to Mr. Dentes family.

 WHEREAS, George M. Dentes distinguished himself serving as Tompkins County’s District Attorney from 1989 through 2005 for four terms, spanning sixteen years, and
 WHEREAS, George M. Dentes served in that capacity with dignity, honesty, integrity, verve, steadfastness, humor, defiance, brilliance, thoroughness, intelligence, intensity, innovativeness, kindness, and charm, and
 WHEREAS, George M. Dentes was well respected by supporters and opponents alike, earning the same from policing agencies and colleagues not only locally, but from throughout New York State, and
 WHEREAS, while his humility and shyness became apparent to those who worked closely with him, and to those who became his friends, he mentored many in our community, selflessly giving of his time to youth programs, teaching, and to those in need of help, and
 WHEREAS, this Legislature thus shares with his family and the larger Tompkins County community, the sadness of this extreme loss due to his untimely passing, now therefore be it
 RESOLVED, That the members of the Tompkins County Legislature and all County staff join to express their sincerest sympathy to the family of George M. Dentes recognizing their personal loss, acknowledging that this sentiment is shared throughout Tompkins County, and honoring the memory of a true public servant.
SEQR ACTION:  TYPE II-20

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Privilege of the Floor by the Public

            Michelle Berry, City of Ithaca resident and Alderperson on Ithaca’s Common Council, said “she will again be coming by to say farewell as Poet Laureate at the end of the year, which will be a happier time than what she is coming before the Legislature for this evening. She came here tonight in support of Legislators Kathy Luz Herrera and Leslyn McBean-Clairborne, who she understands are making statements this evening. Ms. Berry made the following statement:

            “I am deeply troubled and saddened about the recent controversy, and I think, fiasco, that went out around Assemblywoman Lifton’s letter.  I want to first make an appeal to say that I know there are many other people of various other skin colors and classes and education levels who might agree with what I say, but I want to be very clear that I am just speaking for myself tonight.

            “Many of you know that I am an African-American person; I am also Irish and Cherokee.  My grandfather was, probably by legend, and I think truthfully, killed by the Ku Klux Klan.  Every single woman in my family, including myself has been raped.  I bear out the history of oppression and the history of survival.  I come to you as an elected official tonight to talk about what I think is possible in our enlightened City and what I think was improbable to believe, but which actually did happen recently.  I was in Tampa, and I read about all of this on-line and was shocked.

“I want to say I want the Democratic party leadership to see me as an individual and not all of us as identical.  When I was first elected three years ago I went to Irene Stein in tears because I couldn’t believe that people not only thought I was Leslyn McBean-Clairborne, but they thought I was Shawn Martel-Moore, and they thought I was Officer Christine Barksdale, and I hear that some other thirteen African-American women have been called my name.  My heart was heavy because I did not ever want those other African-American women to resent me because obviously I had been given their identity; more likely than not they are called Michelle Berry more than I am called their names.  I don’t know what kind of tension that spurs between us.  I talked to her [Ms. Stein] and she said, “But you and Leslyn do look alike.”  I want to say that was so disheartening, from the very top of our leadership; but I have never spoken publicly about this.  The reason why I am doing this is that if I continue to silent about how oppressive I have felt the top party leadership has been and are being, maybe nothing will change.

“When we talked about diversifying the party and bringing people of color to the table, when people of color brought that issue up, the onus was on us to make it better.  When we go to Democratic party meetings there are less than ten of us of color.  When Lieutenant Governor-Elect David Patterson came to town we received a message from Irene Stein for all the people of color who were elected to try to make it to that barbecue.  This was the worst form of tokenism because some of us certainly had other plan and wished there could be more people of color who could actually be there.  I met David Patterson when he was in town and he said although I am legally blind I can see you weren’t at that barbecue, and we embraced and I said, “There has to be more than just us ten, the Party leadership simply has to do a better job of letting other people of color who are powerful in this community, know when the full body of the party meets.

“The struggle for there just being the few of us, and that we have been pioneers our whole lives, is awful and terrible at times and when I ask white allies to support us, it is not without some degree of fear that I come to you and ask for that support. I want you to know that I am terrified to put my half-white child in our school district, although she has skin-color privilege now, she may not continue to have that into our school system. I want you to know that I am terrified about the violence in our streets.  I am quite concerned and I fear that if it were white people being shot in our streets in drive-by shootings we would see it as a pandemic, and yet I feel like the drive-by shootings in our streets are being labeled, somehow privately, as the “Black Problem” for we are stereotyped as violent people.  I think that that is terribly problematic.

“I want to say for Peter Meskill, Irene Stein, and Barbara Lifton, you don’t know me, and you don’t know other people of color, and that is sad because I have come to you on numerous occasions to tell you my story.  For any people in our party leadership who signed off on that letter, you don’t know me.  That I am hired nationally to advise people on media strategy and to advise others on diversity, yet was not called about that letter, you don’t know me.  That is sad to me.  I ask our leadership to look at the fact that it has been so controversial to try to suppress black vote in any way, think about Florida.  How many people go into a polling booth and actually vote because someone is a Democrat, someone is a woman, someone is Republican; lots of people.  But if you study the history of African-Americans— African-Americans tend to be more conservative, they are less likely to vote for someone who is black, just because they are black; in fact they may be harder on an African-American candidate.

“If Barbara Lifton had written, “I am supporting Peter Meskill because I am a Democrat, he’s a Democrat and he’s the best candidate,” I’d have no problem with the letter. The letter not being vetted before many of  us of color (particularly black men in the party, as the letter was about not voting for a black man—Tim Little) and then trotting out the accomplishments of Carl McCall, who we all know was the best candidate in the Governor’s race, yet somehow putting him in the letter and stating she was “proud” to introduce him to her son, utilized the shopworn “some of our best friends are black,” tactic and was entirely ignorant and offensive.

“Who would have ever thought Barbara Lifton racist for writing a letter of support for Peter Meskill?  But to trot out Carl McCall and the recent donation from her office to the Greater Ithaca Activities Center (G.I.A.C.) puts in serious question her alleged understanding of racial dynamics, racial oppression, and the polemic of race-baiting.

  “We didn’t need that in the letter.  I can only speak for myself but I would love to see the passion in this community that happened for the Dog Park happen for people to really hear people of color. Black people are not a monolith, we are not all the same, we are not all identical, we are each an individual.  I am crying out to be noticed and truly heard.

“Just because I may not have the political clout to stop or change elections doesn’t mean I don’t matter.  I feel the Democrats need to hear this.  I’ve worked with Republicans before, I’ve worked with Democrats, I’ve worked with Independents; the only way we are going to have true vision and make the dream come true that Dr. King felt was important is if we all talk to each other.

“This is specifically about Democrats tonight.  The party leadership in this party failed me, a Democrat.  I want that heard loud and clear; I will not hide silently any more about the levels of tokenism that have been put upon me and other people of color in this party.  We must be equal players at the table, we were equally elected with you, and you must consult us before you submit such treacherous, dehumanizing letters.  Thank you.”

Privilege of the Floor by Legislators

 Ms. Herrera, District No. 3 Legislator, made the following statement:

“Negative campaigning, voter intimidation, race baiting.

“You may think I am talking about Virginia or Tennessee, or some less enlightened state.  This happened here in Tompkins County; by Democrats.

“Democrats in Tompkins County need to know that racism is alive and well here, because we just used it. And we should be ashamed.

“I’m ashamed. I’m ashamed to be a Democrat in Tompkins County today.

“Ashamed that a member of this body, and Democrats running for re-lection used fear, the issue of race, and their influence as public officials to discourage people from voting for Tim Little. If they had used the fact that he is not a Democrat, I would not object.

“Some said they just said publicly what others talk about privately; things that make people uncomfortable.

“I’m saying right now: there are many things that make people uncomfortable that are wrong to use to win an election, and race is just one of them.

“Democrats used race and fears about race to influence an election, and that is racist behavior. Right here in Tompkins County; by Democrats who were worried and desperate to win.

“It is wrong. I am a Democrat and it is wrong.  And by the way, you don’t have to wait to find out how many people and which people think it’s wrong to know that it’s wrong.

“The big shots wrote and sent fear-mongering letters with race-baiting. They insulted the voters, assuming that without instruction, people vote first for race regardless of qualifications. Why assume that? Is what they do?

“This is not the way that fair people conduct their business. And I am calling out this wrongdoing right now, because I have some integrity, I am a person of color, and I want no part of it, and I am insulted by it, and I demand action. More than listening meetings, more than lip service, I want more than tokenism.  I am ashamed.

“Progressives, the Lesbian, Gay, Bisexual, Transgender (LGBT) community, people of color, environmentalists, and fair-minded people recognize being manipulated and taken for granted. I know that I speak for scores of people when I say that it will not happen to me again.  Not in this community, not in Tompkins County, not in my party.”

Mr. Booth, District No. 3 Legislator, was glad that Ms. Berry came to speak about the matter.  He was simply dumbfounded by the letter that was sent and expressed disappointment it was.  Whether it was necessary or not in a tactical sense in a political race is not a reason to send it.  Mr. Booth was disappointed and dismayed the letter was sent.

Mrs. McBean-Clairborne, District No. 2 Legislator, as Chair of the Public Safety Committee congratulated Sheriff Meskill for winning his re-election and said he has done a wonderful job with the Sheriff’s Department and Deputies, bringing a lot of skill and control with the things happening within the department and has brought a lot of professionalism to it. In addition she congratulated Mr. Robison and Mr. Little for running excellent campaigns and hope that as community members who brought forward interesting ideas on their platforms that they hold true to campaign commitments and will work diligently and cooperatively with the Sheriff, Legislators, and community members to bring the ideas forward and ways they can be implemented to make Tompkins County safer.

Mrs. McBean- Clairborne said she appreciated Ms. Berry coming to the Legislature to speak and then made the following statement:

“Today I sit in a place of intense internal conflict over the events of this past week as it relates to the Tompkins County Sheriff’s race.  On the one hand I feel regretful that an otherwise high-integrity race was tarnished by written comments filled with insensitivity and underlining, perhaps, some unconscious bigotry.  I am regretful that these comments came from high and respected leadership in the Democratic Party, of which I am a member.  On the other hand I am grateful that these comments surfaced because they created an opportunity for the leadership of the party to hear from constituents about their hurt and feelings of disrespect; for that leadership to revisit the basic principles that define Democrats; for the leadership to recognize and admit to their need for continued education of issues of racism and oppression; and to realize that the downtrodden and disenfranchised who we try hard to protect as Democrats are feeling exposed, disregarded, and in some respects whipped.

“Is diversity important in elections and in hiring and in what we do in the County? You bet it is.  Two years ago some of us, many of us in this room, held up County government so that we could start dealing very intimately with issues of diversity in this County.  I expect it to be an issue in anybody’s campaign and with anybody who is hiring. As someone who Chairs the Workforce Diversity and Inclusion Committee, diversity is extremely important to me as it is important to the committee members and to those of you sitting around this table.  I expected that to come up during these elections.  What I didn’t expect as Mr. Booth pointed out, and was dumbfounded by, was to put out issues that as a community of color we can see clearly rode the lines of racism, insensitivity, and bigotry.  I am disappointed and I am saddened and I hope that the actions that we take as leaders, I can speak for myself, will provide an opportunity to sit with our leadership and others in the community to do some more educating and talking about this.  We have been educating for a number of years; we have had similar conversations for a number of years.  After a while it gets very tiring – it gets tiring.  I don’t mind educating, I don’t mind sharing, but when I am done and you say you got it, and you cry with me, and you empathize and you say I feel your pain and two years later turn around and do the same thing it tells me you have not learned and there is something embedded that we need to un-bed, we need to dig up and we need to get rid of.

“I look to all of you as colleagues, I look to the leadership of the Democratic party, and I look to all you across the floor, across the aisle – Democrats, Republicans, Independents, Green Party members, whoever you are, that all of us will take this as an opportunity to grow, to learn, and to begin to really be conscious of what we say and do when we represent others and when we set ourselves out there because we never know who we are stepping on.

“I came into this role and into this Legislature, I would say my baptism was by fire, it was not an easy transition for me but I felt that we made great strides. Then I hear this and see this and in some respects I don’t know how to respond.  I will say very clearly that I had an opportunity to suggest to two folks that this is not the direction in which we want to take any campaign.  I did not see this letter before it went out, I got it in the mail like everybody else.  I felt insulted and disrespected as someone who is in a position of leadership.  As a Black woman in a position of leadership in this community, and a Black woman who heads up this County’s work for diversity and inclusion, I felt pretty disrespected that nobody felt it wise to seek my opinion, to ask me what do I think.  Instead I get this letter in the mail like everybody else and then I am asked to help do damage control.  That is troubling to me and so I really just wanted to set it out there and let folks know how I feel.

“I also want to say that it is not just from me.  There are other women of color and other people in this community who are leaders who have similar feelings.  I can speak one-hundred percent sure for my husband, JR Clairborne who is a Common Council member who feels the same.  I can speak for Marcia Fort who is a very well respected Black woman in this community who feels the same way. I can speak of Shelly Michelle Nunn who probably feels the same way, and any number of women and men of color in the community, who feel the same way and don’t have the calm to deal with it right now.  On behalf of all those folks, myself, and my children who are growing up in this community I do want to share our disappointment and our hurt at something being turned into what shouldn’t have been, an otherwise really cool, high-integrity race, running on the merits of people’s skills and qualifications being turned into a race about whether you are Black or White or in between.  I said to Irene Stein, Chair of the Tompkins County Democratic Party, when I spoke to her that, when Ralph Nader ran on the Green Party we said he would split the votes, don’t vote for him.  We did not say don’t vote for the White man Ralph Nader, because we will split the votes.  There was no need to qualify the skin color, the ethnicity, or race of Tim Little in that light as well.”

 Mr. Shinagawa, District No. 4 Legislator, spoke of the difference between the 1960’s civil rights movement and today, noting it was a more overt form of racism that we now experience.  He stated today it is covert, and sometimes done without realizing it.  Mr. Shinagawa said that upon recognition of the action there is a responsibility to try to confront the oppression and do the best you can to help see what overt/covert actions are doing.

 Ms. Mackesey, District No. 1 Legislator, told Ms. Berry her attendance was important and that she was thankful she spoke.  She said she was out of town when these events occurred and only saw it the previous evening.  Ms. Mackesey felt that the letter represented much of today’s culture, and however difficult it may be it should not be ignored or excused.  She is very sad that it happened and said it has to be faced and dealt with.  Ms. Mackesey expressed a belief that it is a human responsibility to do whatever is possible to stop this type of pain and she is very sorry it happened.

 Ms. Kiefer, District No. 10 Legislator, noted it had to be difficult for Ms. Berry to come forward and she was glad she did.  She then said she expressed disgust for the letter and said she spoke to the author to express her feeling.  She is not sure it was approved by many high-level Democrats and believes it was a terrible mistake that she hopes all will learn from.

 Mr. Shinagawa spoke of learning being a two-way street and people need to be willing to listen.  He said diversity is not hiring individuals of color but realizing values.  Mr. Shinagawa stressed the importance of training individuals on diversity and the importance of helping them to see the discriminatory actions.

 Mr. Proto, District No. 7 Legislator, assured Ms. Berry that while these events occurred in the Democratic party the Republican party was equally as troubled by it.  As the senior member of the Republican party he wished to state that his party is not happy with what they read.

 Ms. Robertson, District No. 13 Legislator, thanked Ms. Berry, Ms. Herrera, and Mrs. McBean-Clairborne for speaking, noting it is very hard to share such intense feelings.  She hopes the conversation will bring out something better in all.  Ms. Robertson said Assemblywoman Lifton’s scheduled meeting is November 15th, which has conflicts with other meetings; she hopes it will be rescheduled to avoid the conflicting date.

 Mr. Proto reported that two County employees were recently recognized by the Rotary Club Recognition Award for their contributions to the community:  John Andersson of the Environmental Health Division, and County Clerk Aurora Valenti.  He thanked individuals attending the Veteran’s Parade last Sunday and reported that on Saturday, November 11 at 10:30 a.m. there will be a ceremony at DeWitt Park.  Mr. Proto provided an update on the resolution adopted by the Legislature regarding utilizing a portion of Sampson Air Force Base as a Veterans Cemetery, noting $500,000 has been obtained from New York State to begin the efforts.  Senator Nozzolio informed Mr. Proto that the Governor is about to sign over additional lands for this use.  He expressed his appreciation to those members of the Legislature and the many other organizations who supported the initiative.

 Mrs. McBean-Clairborne announced that on November 16th there will be a Home Health Aide recognition event and that on November 17th the annual Greater Ithaca Activities Center (GIAC) Harvest Festival will take place at Beverly J. Martin gymnasium from 6 to 8 p.m.

 Ms. Robertson announced that on November 9th there will be a “How Are the Children?” community share event at GIAC from 7 to 9 p.m.  Guest speakers will be Marcia Fort and George Ferrari.

Report from the Chair

 Mr. Joseph did not have a report.

Report from the County Administrator

Ms. Younger, Deputy County Administrator, did not have a report.

Report from the County Attorney

Mr. Wood had no report.

Report from the Finance Director

Mr. Squires did not have a report.

Addition of Resolution(s) to the Agenda

It was MOVED by Mr. Proto, seconded by Ms. Robertson, and unanimously approved by voice vote, to add the following resolution to the agenda:

Approval of the Three-Year Integrated Child and Family County Service Plan – Department
     of Social Services

Withdrawal of Resolution(s) from the Agenda

 There were no resolutions withdrawn from the agenda.

Approval of Resolution(s) Under the Consent Agenda

 It was MOVED by Ms. Robertson, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote, to approve the following resolution(s) under the Consent Agenda:

RESOLUTION NO. 184 – FUNDING OF COMMUNITY CELEBRATIONS GRANTS

 MOVED by Ms. Robertson, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote under the Consent Agenda.

 WHEREAS, Tompkins County has a grant program for community celebrations using funds drawn entirely from Room Occupancy Tax, and
 WHEREAS, Tompkins County has requested and reviewed grant applications for recommendation to the Tompkins County Legislature through the Planning, Development, and Environmental Quality Committee with the advice of the Strategic Tourism Planning Board, now therefore be it
 RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee, That the following grants are approved:
 City of Ithaca   2007 Women Making History Day   $   900
 City of Ithaca   2007 Martin Luther King, Jr. Day of Celebration –
     A Day On, Not Off    $1,200
 City of Ithaca   2007 Ithaca Night Market    $1,100
 City of Ithaca   2007 Harriet Tubman Spirit Award   $   800
 Village of Trumansburg  2006 Trumansburg Winter Festival   $1,000
         TOTAL $5,000
 RESOLVED, further, That the County Administrator or designee shall be authorized to sign any documents related to the aforementioned projects.
SEQR ACTION:  TYPE II-20

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RESOLUTION NO. 185  – AUTHORIZATION TO EXECUTE GRANT AND ENTER INTO AN AGREEMENT WITH TOMPKINS CORTLAND COMMUNITY COLLEGE – DEPARTMENT OF EMERGENCY RESPONSE

 MOVED by Ms. Robertson, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote under the Consent Agenda.
 

 WHEREAS, the Department of Emergency Response applied to the New York State Office of Homeland Security (OHS) for funding to support identified responders’ training needs, and
 WHEREAS, OHS has granted the Tompkins County Department of Emergency Response $55,000 to fund the development of training programs in accordance with State and Federal response strategies, and the Tompkins County Legislature has accepted these funds through Resolution No. 116 of 2004, and Resolution No. 263 of 2005, and
 WHEREAS, the Federal Government, through the allocation of these funds, has strongly encouraged the development of partnerships with accredited educational institutions to ensure a regional approach to the delivery of training initiatives, and
 WHEREAS, the Department of Emergency Response has collaborated with Tompkins Cortland Community College since 2004 in the evaluation of emergency responder training needs, and in assessment of training models and capabilities, and
 WHEREAS, Tompkins Cortland Community College has long delivered courses in public safety and public health concentrations to the emergency response community in partnership with Tompkins County governmental entities and has reaffirmed its interest in expanding these offerings, and
 WHEREAS, the Department of Emergency Response has determined that Tompkins Cortland Community College is best suited to assist the Department in the development and delivery of a suite of response courses directed toward the many disciplines engaged in county response and preparedness activities, in addition to the Fire, EMS, Emergency Management, and Homeland Security Courses now coordinated by the Department, now therefore be it
 RESOLVED, on recommendation of the Public Safety Committee, That Tompkins County, through the Department of Emergency Response, is hereby authorized to enter into a formal agreement with Tompkins Cortland Community College for the development, promotion, administration, and delivery of a pilot series of training programs for the period November 1, 2006 thru August 31, 2007 to assure compliance with Federal Responder Guidelines and to locally effectuate the goals of the National Response Plan at a cost not to exceed $55,000,
 RESOLVED, further, That the Department of Emergency Response and Tompkins Cortland Community College should continue to cooperate and collaborate to establish and effectuate strategies to provide comprehensive training to the overall emergency response community, thereby ensuring baseline competencies and improved proficiencies, and will further cooperate to identify and pursue outside funding streams to sustain these critical efforts.
SEQR ACTION:  TYPE II-20

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RESOLUTION NO. 186 - TEMPORARY INCREASE IN HOURS – DIRECTOR OF PATIENT SERVICES – HEALTH DEPARTMENT

 MOVED by Ms. Robertson, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote under the Consent Agenda.

 WHEREAS, the WIC Director has resigned and this has created a temporary need to increase the hours of the Director of Patient Services, and
 WHEREAS, it is anticipated that an increase in hours of the position of the Director of Patient Services will alleviate a shortage in staff coverage during the hiring process for a new Director of WIC, now therefore be it
 RESOLVED, on recommendation of the Health and Human Services and the Budget and Capital Committees, That the standard workweek for the position of Director of Patient Services (89/0230), labor grade R, competitive class, be temporarily increased from 35 hours per week to 40 hours per week effective November 5, 2006,
  RESOLVED, further, That no additional County funding is necessary,
 RESOLVED, further, That the temporary increase in hours for this position is through December 30, 2006,
SEQR ACTION: TYPE II - 20

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RESOLUTION NO. 187 - BUDGET ADJUSTMENTS – VARIOUS DEPARTMENTS

 MOVED by Ms. Robertson, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote 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 Planning, Development, and Environmental Quality and the Health and Human Services Committees, That the Director of Finance be directed to make the following budget adjustments on his books:

Workforce Investment Board
Revenue Acct           Title                    Amt   Approp Acct  Title(s) ___________
6290.4379 Federal Job Training     $28,229   6290.54491  Subcontracts
6290.4379 Federal Job Training $    400  6290.54303  Supplies
6290.4379 Federal Job Training $    800  6290.54432  Rent
6290.4379 Federal Job Training $    121  6290.54400  Program Expense
Explanation:  This funding was released by New York State for the purpose of providing a Disability Program Navigator position in Tompkins County.  Since 2003 the Tompkins County Workforce Investment Board has contracted with Challenge Industries to provide the Disability Program Navigator position within the One-Stop-Center.  One-half of the funding ($29,550) was budgeted in the 2006 budget to provide services through June 30, 2006.  The remaining $29,550 was recently released by New York State resulting in the 2006 budget needing to be adjusted.  Remaining administrative funds are being distributed to budget lines where there is a potential for a deficit.
Planning
Revenue Acct           Title                   Amt   Approp Acct  Title(s) ___________
A8027.43089 Other State Aid   $476,132 A8027.54400  Program Expense
     Planning
A8027.43959 State Aid Planning $    5,000 A8027.54400  Program Expense
A8027.43959 State Aid Planning $    8,263 A8027.54400  Program Expense
A8027.43959 State Aid Planning $  23,000 A8027.54400  Program Expense
A8027.43959 State Aid Planning $  12,000 A8027.54400  Program Expense
Explanation:  Howser Purchase Development Rights.  2004 Water Resources Council Mini Grants; Funds Remaining; Cayuga Lake Scenic Byways Planning Grant; Funds Remaining.  2003 Cayuga Lake Scenic Byways Grant Funds.  2004 Cayuga Lakes Scenic Byways Grant Funds.
Office for the Aging
Revenue Acct           Title                   Amt   Approp Acct  Title(s) ___________
6778.41972 Charges-Program for $3,824  6778.51000517  Salary
   Aging
6778.41972 Charges-Program for $1,491  6778.58800  Fringes
  Aging
Explanation:  Revenue increase in HEAP program will offset Salary and Fringe of Outreach Worker
SEQR ACTION: TYPE II-20

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Approval of Appointment(s) Under the Consent Agenda

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

Strategic Tourism Planning Board
Jennifer Casillas – Ithaca College representative, term expires December 31, 2006

Public Information Advisory Board
George Eberhardt – term expires December 31, 2007

Report and Presentation of Resolutions from the Planning, Development and Environmental Quality Committee

Ms. Robertson, Chair, reported the Committee met on October 19th and discussed the park and ride surveys completed.  The survey that included employees from Cornell University and downtown employees indicated the principle commuter routes are from the North, Northeast, and from Trumansburg via Route 96.  Information will be further compiled and provided to TCAT to assist in planning park and ride lots.  Mr. DeAragon hopes the information will also be utilized when reviewing the Route 13 corridor, particularly the need for parking facilities along the corridor.  Mr. Marx announced a public meeting regarding the Route 13 Corridor Study in the Village of Dryden on November 1st; the natural feature focus area meetings will be taking place shortly as well.  Mr. Wood, County Attorney, provided the Committee with information regarding eminent domain, particularly in relation to a recent Supreme Court Case.  Mr. Wood’s information was focused on the waterfront trail and how due to the public purpose he does not foresee difficulties.  At Planning, Development and Environmental Quality’s next meeting they will review a letter that has been drafted for the State Comptroller regarding the Lansing Sewer District to determine the level of involvement allowed by the County.  Other topics discussed were alternative fuels, the 2007 Work Plan, and the Industrial Development Agency’s review of their policy and procedures and a benefit analysis of abatements.  The Committee meets next on November 16th.

RESOLUTION NO. 188 – AUTHORIZATION TO EXECUTE CONTRACT WITH TOMPKINS COUNTY OFFICE OF EMPLOYMENT AND TRAINING TO PROVIDE WORKFORCE INVESTMENT ACT TITLE I-B YOUTH SERVICES

 MOVED by Ms. Robertson, seconded by Mr. Booth, and unanimously adopted by voice vote.  RESOLUTION ADOPTED.

 WHEREAS, the Tompkins County Workforce Investment Board received an allocation of $310,000 in Workforce Investment Act Title I-B Year-Round Youth Services, and
 WHEREAS, the Board issued a Request for Proposal (RFP) to solicit proposals from organizations to provide engaging youth employment programs that will deliver comprehensive educational, development, and employment preparation services to low-income youth ages 14 – 21 who meet eligibility criteria, and
 WHEREAS, the Tompkins County Office of Employment and Training successfully responded to the RFP and will collaborate with Tompkins County Youth Services to provide services for in-school and out-of-school youth, and
 WHEREAS, the Tompkins County Office of Employment and Training will subcontract with Tompkins County Youth Services to provide intake coordination and support, now therefore be it
 RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the contract with Tompkins County Office of Employment and Training in the amount of $310,000 to serve 150 Workforce Investment Act eligible in-school and out-of-school youths is hereby approved,
 RESOLVED, further, That these funds have been included in the 2006 and 2007 Tompkins County budgets,
 RESOLVED, further, That the County Administrator or his designee shall be authorized to sign any documents related to the aforementioned projects.
SEQR ACTION:  TYPE II-20

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RESOLUTION NO. 189 - SUPPORT FOR 2006 QUALITY COMMUNITIES PROGRAM GRANT APPLICATION

 MOVED by Ms. Robertson, seconded by Ms. Herrera.  Mr. Proto noted the second “Whereas” addresses the State’s Open Space plan and asked that a report be provided.  It was noted that Ms. Borgella, Planner, is the County representative and could perhaps provide an update on how it will affect the southern part of the County.  He also said periodic reports on the status of the plan are important to know the timetable and whether any grants are received for the initiative.  Mr. Proto said he supports the resolution but would like to see more information.

 A voice vote on the motion resulted as follows:  Ayes – 14; Noes –0; Excused – 1 (Legislator Koplinka-Loehr temporarily out of the room).  RESOLUTION ADOPTED.

WHEREAS, the New York State Department of State administers a grant program for planning initiatives that links environmental protection, economic development and community livability, and
WHEREAS, Tompkins County and the Finger Lakes Land Trust are proposing to develop a detailed plan for the portion of the Finger Lakes Trail located in the “Emerald Necklace”, an arc of forested hills and valleys identified as a priority project in the 2006 New York State (NYS) Open Space Plan that extends across the southern portion of Tompkins and eastern portion of Schuyler County, and
WHEREAS, preparation of a plan for the Finger Lakes Trail is consistent with the Tompkins County Comprehensive Plan, which calls for establishing an open-space program to preserve natural resources and recreational amenities in the focus areas identified in the Comprehensive Plan and the Finger Lakes Trail crosses through three of the Natural Features Focus Areas, and
WHEREAS, planning for the long-term protection of the Finger Lakes Trail is consistent with the conservation priorities identified for these Natural Features Focus Areas, and
WHEREAS, the Tompkins County Comprehensive Plan calls for Tompkins County to work proactively with towns and adjoining counties to cooperatively address regional issues such as natural resources, and
WHEREAS, the proposed project for the Finger Lakes Trail is supported by Schuyler County and will actively involve local municipalities in the planning process, and
WHEREAS, the Finger Lakes Land Trust will be the lead applicant and Tompkins County will be will be a co-applicant for this grant program, and
WHEREAS, in order for the Land Trust, a not-for-profit corporation, to be eligible for this grant program, Tompkins County, as the partnering municipality, must submit a resolution agreeing to the application, now therefore be it
RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That Tompkins County supports the application for 2006 Quality Communities Program Grant funds to prepare a detailed plan for the Finger Lakes Trail section located in the “Emerald Necklace”,
RESOLVED, further, That the County Administrator or his designee shall act on behalf of Tompkins County in all matters relating to this financial assistance.
SEQR ACTION:  TYPE II-21

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RESOLUTION NO. 190 - AUTHORIZATION TO SUBMIT A 2006 SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ECONOMIC DEVELOPMENT APPLICATION TO BENEFIT RPM ECOSYSTEMS

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

 WHEREAS, Tompkins County has completed a process of investigation in its community to determine economic development needs, and
 WHEREAS, the Small Cities Community Development Block Grant program is an important source of funding to address economic development objectives in the County, and
WHEREAS, after completing a preliminary review, the Governor’s Office for Small Cities invited Tompkins County to submit an application for economic development assistance to benefit RPM Ecosystems, and
WHEREAS, the RPM Ecosystems Growing Operation Project will establish a full-scale plant nursery on 155 acres in the Town of Dryden that will provide 56 full-time permanent jobs, 44 of which will be made available to low- and moderate-income persons, and
WHEREAS, the total grant amount to Tompkins County is proposed to be $516,000, of which $500,000 would be provided to RPM Ecosystems as a low interest loan, and
WHEREAS, the RPM Ecosystems Growing Operation Project supports the policy of the Tompkins County Comprehensive Plan to support economic development that provides quality employment opportunities to local residents, good wages and benefits, and affordable goods and services, and
 WHEREAS, the New York State Department of Environmental Conservation declared itself lead agency and issued a negative declaration of environmental significance for the RPM Ecosystems Growing Operation Project, now therefore be it
 RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That Tompkins County agrees with the New York State Department of Environmental Conservation acting as lead agency for the environmental review and hereby confirms and ratifies the findings of the lead agency,
 RESOLVED, further, That Tompkins County is hereby authorized to apply for funding in the 2006 round of Small Cities Community Development Block Grant Economic Development funding to benefit the RPM Ecosystems Growing Operation Project,
RESOLVED, further, That the County Administrator or his designee be authorized to sign all documents related to the submission of the Small Cities Economic Development application and any materials required by the Governor’s Office for Small Cities.
SEQR ACTION:  TYPE I
(Negative Declaration of environmental significance on file with the New York State Department of Environmental Conservation)

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RESOLUTION NO. 191 - AUTHORIZATION TO LOAN MONIES TO RPM ECOSYSTEMS FROM THE ECONOMIC DEVELOPMENT REVOLVING LOAN FUND

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

 WHEREAS, the Tompkins County Economic Development Revolving Loan Fund provides loans to businesses at below-market interest rates to facilitate project implementation, and
 WHEREAS, these loans are made using repaid United States Department of Housing and Urban Development Small Cities Community Development Block Grant funds which are targeted for economic development activities to benefit low- and moderate-income persons, and
 WHEREAS, the Tompkins County Economic Development Revolving Loan Fund Oversight Committee reviewed a full application for funding assistance for the RPM Ecosystems Growing Operation Project in the Town of Dryden, and
WHEREAS, the Oversight Committee has fully assessed the ability of RPM Ecosystems to make timely payments on monies loaned from the Revolving Loan Fund, and
WHEREAS, the Tompkins County Economic Development Revolving Loan Fund Oversight Committee has recommended that Economic Development Revolving Loan Funds be used for working capital related to the development project, and
 WHEREAS, the project will enhance the local economy by providing jobs and expanding goods and services, and
 WHEREAS, enhancement of the local economy is supported by the Tompkins County Comprehensive Plan, and
 WHEREAS, the New York State Department of Environmental Conservation declared itself lead agency and issued a negative declaration of environmental significance for the RPM Ecosystems Growing Operation Project, now therefore be it
 RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the County agrees with the New York State Department of Environmental Conservation acting as lead agency for the environmental review and hereby confirms and ratifies the findings of the lead agency,
 RESOLVED, further, That the County is hereby authorized to sign a Loan and Development Agreement with RPM Ecosystems,
RESOLVED, further, That the County Administrator be authorized to sign all documents related to this loan, and that the County Finance Director be authorized to adjust the budget in the following manner:
REVENUES
8693.44700   Repaid Econ. Dev. Loans $200,000
EXPENSES
8693.54400   Program Expense $200,000
SEQR ACTION:  TYPE I
(Negative Declaration dated June 9, 2006 on file in Clerk’s Office)

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

 Mrs. McBean-Clairborne, Chair, reported the Committee met on November 2nd.  Ms. Rosen,  interim director of Offender Aid and Restoration will be leaving the end of the year when former County Legislator, Debbie Dietrich, will assume the role.  Ms. Rosen expressed her gratitude for the recent funding provided by the County.  Deputy County Administrator Younger and Ms. Cook of the County Attorney’s Office spoke to the Committee of the actions being undertaken regarding the Criminal Justice Advisory/Alternatives to Incarceration Report completed.  Seventeen plus points have been broken out of the report following the review which will be broken down into five action groups:  (1) education and outreach; (2) comprehensive assessments; (3) re-entry from jail; (4) misdemeanor treatment court; and (5) defender-based advocacy.  These groups will be determining how the various areas can fit into a working framework that the County can do.  It is hoped that the final plan will be available by the end of the month.  Mrs. McBean-Clairborne then reported that Emergency Response Director Mr. Shurtleff is continuing to streamline work in his department and things are working more smoothly.  At this time, six of the free-standing lattice towers for the Communications Project are complete, with work on the single monopole tower continuing.  It is hoped that the construction will be completed by January.  The subscriber group is working on defining equipment needs and hopes to have a proposal of what equipment is needed and how to fund the purchase.  She said Committee member Mr. Booth suggested consideration of an ordinance prohibiting construction of anything that could interfere with the communications system.  In addition, it was reported that interviews are taking place to fill the position of Deputy Director of the Emergency Response Department.

RESOLUTION NO. 192 - APPROPRIATION FROM CONTINGENT FUND – REPLACEMENT OF COUNTY ELECTRONIC MAIL SYSTEM

 MOVED by Mrs. McBean-Clairborne, seconded by Mr. Booth.  Mr. Booth noted that the memo received regarding the resolution indicated that e-mail is the most common form of communication.  A short roll call resulted as follows:  Ayes – 15; Noes –0.  RESOLUTION ADOPTED.

WHEREAS, Tompkins County Departments rely on Electronic Mail (E-mail) as a primary form of communication and information exchange, and
WHEREAS, it has been determined that the current E-mail system does not provide adequate functionality to meet the needs of public records retention and retrieval requirements, and

WHEREAS, Tompkins County Departments have expressed the need for advanced E-mail features to improve their current business practices including simplified Internet-based email access, E-mail archiving, integrated calendaring, Email-address list sharing options, project management and document sharing, full text search, automatic reply, internal E-mail encryption, and the transfer of E-mail to laptops for County field staff, and
WHEREAS, the Director of the Information Technology Services Department, and other County employees with information technology responsibilities from the Public Health Department, Department of Emergency Response, Department of Social Services, Department of Mental Health, Probation and Community Justice Department, and the Information Technology Services Department have reviewed various alternatives and have determined that the Novell GroupWise E-mail system will meet Departmental needs, integrate most effectively with the County’s current network and end users, and provide future for growth and flexibility, now therefore be it
 RESOLVED, on recommendation of the Government Operations, the Public Safety, and the Budget and Capital Committees, That the Director of Finance is hereby authorized and directed to make the following budget appropriation:
FROM:  Contingent Fund             A1990.54400  $75,000
TO:  Appropriation Account      1680.52202  $75,000
SEQR ACTION:  TYPE II - 20

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RESOLUTION NO. 193 – BUDGET TRANSFER – HUMAN RESOURCES/PAYROLL SYSTEM BUSINESS PROCESS ANALYSIS (BPA)

 MOVED by Mrs. McBean-Clairborne, seconded by Ms. Mackesey, and unanimously adopted by voice vote.

 WHEREAS, the Tompkins County Administration and Personnel Department have identified additional needs and requirements that the current Payroll System is unable to provide, and
 WHEREAS, it has been determined that the County investigate options available to support the evolving needs and requirements of the County Administration and Personnel Departments, and
 WHEREAS, Tompkins County Information Technology Services, Personnel, Administration, and Finance Departments conducted a demonstration of Sungard Pentamation, Inc.’s, Human Resources/Payroll System and after reviewing the options available to the County, it has been mutually agreed upon to enter into a Business Process Analysis (BPA) with Sungard Pentamation, Inc., to further define the County’s workflow and requirements, and
 WHEREAS, a budget transfer from a personnel budget line is requested to pay for the Business Process Analysis, now therefore be it
 RESOLVED, on recommendation of the Public Safety and the Budget and Capital Committees, That the Director of Finance is hereby authorized and directed to make the following budget transfer:
 FROM:  Personal Services 1680.51000637  $15,000
 TO:  Professional Services 1680.54442  $15,000
SEQR ACTION:  TYPE II-20

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

Mr. Shinagawa, Vice Chair, reported the Committee met on November 1st with the main topic being the Child and Family Plan.  He said the work has previously been done separately by the Department’s of Social Services and Youth Services, however due to State regulation changes, they will now be performing the work jointly.  In addition, he reported the State has notified the County that due to an error, billings for juvenile-delinquent care services from 1996 were retroactively increased by the State which resulted in a large amount due the State.  Members of the Committee had spoken of preparing a resolution of protest, of the sudden increase as an unfounded mandate.

RESOLUTION NO. 194 - APPROVAL OF THREE-YEAR INTEGRATED CHILD AND FAMILY COUNTY SERVICE PLAN – DEPARTMENT OF SOCIAL SERVICES

 MOVED by Mr. Shinagawa, seconded by Mr. Hattery, and unanimously adopted by voice vote by members.  RESOLUTION ADOPTED.

WHEREAS, the New York State Office of Children and Family Services (OCFS) has required the Department of Social Services and the Tompkins County Youth Services Department to develop and submit a three-year Integrated Child and Family County Service Plan (previously known as Consolidated Services Plan) which identifies program priorities in the areas of adoption, foster care services for children, preventive services for children, protective services for children and adults, child care, domestic violence services, PINS, youth development and other children and family services related to health, education, and economic security, and which “Plan” covers these services for the period January 1, 2007, to December 31, 2009, and
WHEREAS, County Administrative Policy 01-35 states that “…plans prepared by County departments and which require the signature of the chief elected official of the municipality prior to submission, or those plans whose public participation requirements mandate advertising in the municipalities’ newspapers of general circulation, must be approved by the Board of Representatives [Legislature] upon review by the County Administrator and the appropriate program committee,” and
WHEREAS, such signature is required with regard to the “Plan,” and
WHEREAS, a Public Hearing was held on September 15, 2006, at 10:00 a.m. for the purpose of seeking public comments and incorporating such into the “Plan,” now therefore be it
RESOLVED, on recommendation of the Health and Human Services Committee, That the Integrated Child and Family County Service Plan as prepared by the Department of Social Services and the Tompkins County Youth Services Department be approved.
SEQR ACTION: TYPE II-20

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RESOLUTION NO. 195 – ACCEPTANCE OF FUNDING FOR THE AREA AGENCY ON AGING TRANSPORTATION PROGRAM IN ORDER TO ENTER INTO A SUBCONTRACT WITH GADABOUT TRANSPORTATION SERVICES, INC.

 MOVED by Mr. Shinagawa, seconded by Mr. Proto.  Mr. Randall spoke of the Legislature recently providing $20,000 from the Contingent Fund to Gadabout Transportation Services, Inc., for their increased fuel expenses and asked if that figure could be returned in light of the grant offered in the resolution.  Ms. Kiefer believed it could be done.  By way of explanation, Mr. Dennis indicated this is in addition to the $20,000 figure.  Mr. Joseph remembered that they were requesting funding from other sources than the contingent fund, this grant being one of the requests.  It was noted this is only the acceptance of the grant and the possibility of reducing the total amount provided could be discussed at a later date.

 A voice vote on the motion resulted as follows:  Ayes – 15; Noes – 0.  RESOLUTION ADOPTED.

 WHEREAS, the Tompkins County Office for the Aging has been offered funding from the New York State Office for the Aging for senior transportation, and
 WHEREAS, Gadabout Transportation Services, Inc., provides transportation for seniors in Tompkins County, and
 WHEREAS, rising fuel prices have put pressure on the financial resources of Gadabout, and
 WHEREAS, the Tompkins County Office for the Aging has been awarded a grant to fund senior transportation in the amount of $5,000, and
 WHEREAS, the funding will allow Gadabout to partially offset the increase in fuel prices, now therefore be it
 RESOLVED, on recommendation of the Health and Human Services Committee, That Tompkins County hereby accepts this grant of $5,000,
 RESOLVED, further, That the Finance Director is authorized to make the following adjustments to his books:
 REVENUE:  A6777.43803 State Revenue  $5,000
 APPROPRIATION: A6777.54491 Subcontracts  $5,000
SEQR ACTION:  TYPE II-20

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Report and Presentation of Resolution(s) from the Facilities and Infrastructure Committee

Mr. Randall, Chair, reported the Committee met on October 24th.  A  new Assistant Facilities Director, Rachel Kissinger, was hired.  The generator for Building “C” will be fully installed by the Thanksgiving holiday after experiencing some delay due to the special order requirements for the equipment.  It was reported that seven solar panels located on the library roof have been vandalized, at a cost of $7,000 to repair.  The damage is a result of individuals throwing bottles off the recently constructed parking garage adjacent to the building.  At the meeting the Committee heard some public comments regarding various highway projects.  The County will provide additional information on how the transportation construction projects works, what design parameters the County is required due to State or Federal funding assistance, etc.  The Committee meets next on November 28th.

RESOLUTION NO. 196 - EXPRESSION OF GRATITUDE TO NEW YORK STATE ELECTRIC AND GAS CORPORATION (NYSEG) FOR ASSISTANCE WITH BIGGS B POWER OUTAGE  - FACILITIES DIVISION

 MOVED by Mr. Randall, seconded by Ms. Kiefer.  Mr. Randall said it sometimes takes a bad situation to be able to realize how wonderful individuals in our community are.  He shared the events leading up to the restoration of power at the Biggs B building and noted that it was the response of individuals at all levels of the County that provided a smooth transition.

 A voice vote on the resolution resulted as follows:  Ayes – 15; Noes – 0.  RESOLUTION ADOPTED.

 WHEREAS, the Biggs B building that houses the Tompkins County Health Department lost electrical power due to a storm that went through the area on the afternoon of Wednesday, October 4, 2006, and
WHEREAS, New York State Electric and Gas Corporation (NYSEG) responded quickly by dispatching emergency crews to Biggs B to assist in restoring power to the building, and
WHEREAS, upon arriving at the scene, NYSEG determined that the storm had only impacted Biggs B and no other facilities in the area, and
WHEREAS, after determining that the damage was solely to Biggs B, the NYSEG responders, under the direction of NYSEG Supervisor, Daniel Knapp, stayed at the scene to assist the Facilities Division staff in tracing the damage within the building, and
WHEREAS, the damage was traced to a County-owned electrical transformer in Biggs B, and
WHEREAS, the County placed a portable generator on site for supplying temporary power to the building until a permanent repair could be achieved, and
WHEREAS, in order to restore permanent power as quickly as possible, NYSEG Electric Field Planner, Doug Volbrecht worked with the Facilities staff and an outside contractor, Richardson Brothers Electrical Contractors, to develop a solution that could be implemented expeditiously and meet the best interests of the County, and
WHEREAS, the permanent solution required NYSEG crews to work with Richardson Brothers Electrical Contractors and Facilities Division staff to install new transformers outside of Biggs B on a NYSEG-owned power pole, and
WHEREAS, this teamwork allowed for the work to be completed and permanent power restored to Biggs B within fifteen (15) days after the damage occurred, now therefore be it
 RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the Tompkins County Legislature hereby extends its gratitude to the New York State Electric and Gas Corporation for their prompt assistance to Tompkins County in a time of need.
SEQR ACTION:  TYPE II-20

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Report from the Budget and Capital Committee

Mr. Koplinka-Loehr, Chair, reported following budget deliberations the Committee met briefly prior to this meeting to address resolutions. He reminded individuals that the Public Hearing is November 14th on the proposed 2007 Budget and Capital Program, with the final vote to adopt the budget on November 21st.  Mr. Koplinka-Loehr indicated questions regarding moving amendments forward be addressed to Ms. Covert, Clerk of the Legislature.  He distributed a memo to Legislators of topics for each Legislator to prioritize prior to the Committee’s next meeting November 13th.

Report from the Workforce Diversity and Inclusion Committee

Mrs. McBean-Clairborne, Chair, reported the Committee met on October 25th and had a discussion regarding the configuration of the Workforce Diversity and Inclusion Committee and its bylaws.  She noted this work is done to provide the ability to move the Committee forward into becoming an Advisory Committee.  She reported the Marketing subcommittee has been working on amending the diversity logo and will be bringing it forward for review.  Mrs. McBean-Clairborne said the Committee discussed the recently passed legislation regarding the New York State Workplace Violence Act that will take effect this year with the anticipation to be in place by July 2007.  At this time municipalities are asked to prepare a risk assessment plan in preparation of the requirement.  She reported a discussion occurred regarding Civil Service testing requirements presenting a barrier to increasing diversity.  It was noted that New York City has different Civil Service standards that allow such things as foreign language testing unlike other areas of the State; members are going to see how this could be modified.  Mrs. McBean-Clairborne also reported on a concern of accessibility services for sight- and hearing-impaired individuals residing in the County and the need to see what can be done to accommodate their needs, particularly during budget sessions and public hearings. The Public Information Officer will be looking into the matter.  The next meeting will be held on December 11th due to holiday conflicts.  Mr. Booth believes the Civil Service procedure is in need of reform and suggested that the New York State Association of Counties review it.  Mrs. McBean-Clairborne spoke of her previous position with Affirmative Action and how they reviewed the matter.  She said other states have a pass/fail system rather than one requiring the candidate to be within the top three and they had attempted to see how the New York requirements could be amended.  She thanked Mr. Booth for the suggestion.

Report from the Personnel Committee

  Mr. Dennis, Chair, reported the Committee met prior to the Legislature meeting and spoke of the pilot health insurance plan that will be offered employees.  The CEO and pharmacist of CanaRx prescription drug company, presently utilized by Tompkins-Cortland Community College for mail order and telephone prescriptions, spoke to the Committee about their program; further discussions regarding this voluntary program will occur at a later date.  The Committee reviewed the Workforce Diversity and Inclusion Bylaws.  Mr. Dennis reported the firm of Roemer, Wallens, and Mineaux, of Albany, New York, has been selected for the road patrol negotiations.  Ms. Gold, member of the law firm, has previously participated in Tompkins County Sheriff’s Department negotiations.  Mr. Dennis believes it is a good choice of firms with a great deal of experience, and will have a flat fee for their services.  Ms. Robertson inquired about the legality of prescription drug purchases in Canada and was informed that although not legalized the government has indicated it is not enforcing the issue.  Ms. Robertson suggested a review of information on the Human Services Coalition Health Planning site regarding relevant information.

  Mr. Koplinka-Loehr reminded individuals of the Health Benefit Fair for County employees taking place on November 16th.

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

 Ms. Herrera, Chair, reported the Committee met on October 18th and received a report and resolution request from Information Technology Services regarding the e-mail system; a grant from the State Archives may be received for the project.  In addition, Ms. Steiner, Library Director reported on the Library Board of Trustee’s strategic planning process that includes a revised mission statement as well as several announcements on library activities.  The Board of Elections provided a presentation; it has been reported that there were no difficulties on Election Day.  The Committee reviewed the Rules of the Legislature and noted that due to a previously approved resolution the following amendment to Rule VII – Rules of Voting was required.  Ms. Herrera reported that the Committee may meet briefly on December 19th for action items; the November 15th meeting will cover the Committee goals, Ms. Younger will provide organizational initiatives, and the Board of Elections will be present to speak of a transfer of funds.

RESOLUTION NO. 169 - AMENDING THE RULES OF THE LEGISLATURE – RULE VII - RULES OF VOTING

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

 WHEREAS, there is an inconsistency between Rule V – Order and Decorum and Rule VII – Rules of Voting that needs to be corrected as a result of the approval of Resolution No. 168 of 2006, now therefore be it
 RESOLVED, on recommendation of the Government Operations Committee, Rule VII, Rules of Voting is hereby amended to read as follows and paragraphs renumbered thereafter accordingly:
RULE VII - RULES OF VOTING

(2) Every member present when a vote is taken upon any question shall vote unless excused by unanimous consent of all members present, or unless that member has a direct interest in the result of the vote.
(3) The Chair shall in all cases have a right to vote.
SEQR ACTION:  TYPE II-20

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Additional Report

 Mr. Proto reported that the during the Tompkins Consolidated Area Transit (TCAT) Strategic Planning Committee meeting one item was the formation of a Citizens Advisory Committee that will undertake community outreach.  They will report back to the full TCAT Board and will be assisted by Wendy Skinner.  He also reported that it is the time of year that individuals need to make a choice of what electrical company they would like to serve them.  If no action is taken by individuals to change or reaffirm a choice they would then be serviced by New York State Electric and Gas Corporation (NYSEG).

Approval of Minutes of October 17, 2006

 It was MOVED by Mr. Booth, seconded by Mr. Dennis, and unanimously adopted by voice vote, to approve the minutes of October 17, 2006 as presented.  MINUTES APPROVED.

Adjournment

 On motion the meeting adjourned at 7:13 p.m.

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