Mr. Joseph called the meeting to order 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: 12 Legislators. Excused: 3 (Legislators Herrera,
McBean-Clairborne, and Randall).
Privilege of the Floor by the Public
Matt Braun, Executive Director of The History Center, announced his acceptance of a position at the Samuel S. Fleisher Art Memorial in South Philadelphia at the start of the New Year. He has been in this area for almost ten years, the last six years with The History Center. He expressed his appreciation to the Legislature for their efforts on behalf of their constituents, and to the County Administrator and his staff for all their assistance over the years. Elizabeth Bixler, Vice President of the History Center’s Board of Trustees, spoke, noting that the loss of Mr. Braun’s family is a loss to the community. She reported that the Board is undergoing a great deal of planning throughout this transition and intends to carefully select a new Executive Director. In the interim, the Board and its committees will liaison with staff and other organizations to provide consistency in operations.
Mr. Joseph expressed his appreciation to Mr. Braun and noted he will be missed in the community.
Privilege of the Floor by Legislators
Mr. Koplinka-Loehr, District No. 11 Legislator, announced there will be an open house at 518 West Seneca Street on December 14th to meet the new Offender Aid and Restoration Director, former County Legislator Debbie Dietrich.
Mr. Dennis, District No. 15 Legislator, announced Mr. Squires, Finance Director, has been elected President of the New York State County Treasurers and Finance Officers Association (NYSCTFO) and said not only is it a great honor for Mr. Squires personally, but for Tompkins County as well. Mr. Dennis reported the Family Reading Partnership 2007 calendars are available for $10 each, noting they support a good cause.
Mr. Stevenson, District No. 8 Legislator, said as liaison to The History Center he wished to publicly acknowledge Mr. Braun’s work at The History Center, noting that his experience was that Mr. Braun led a good staff and Board and his presence will be missed.
Special Presentation – Beautification Program
Chrys Gardner, the Coordinator for the Beautification Program, provided a Powerpoint presentation showing the various projects that have been undertaken by various municipalities using the grants provided and extensive volunteer participation. She explained the scope of the grants is being amended to provide more opportunity for rural municipalities to expand beautification projects by offering a larger grant. She shared some pictures of Niagara on the Lake, a Canadian village located in Ontario, that has had a program in place for 30 years. She noted this community has a population base of 14,000 who welcome between 4 – 5 million tourists annually for their plantings and the summer theater. Ms. Gardner said the rural expansion will include tree plantings, bulbs, and additional signage that specifies the particular township within the County that an individual is entering. It was noted that the grant may be split between a village and town when desired. Mr. Proto expressed gratitude for the town-specific signage, noting many years ago signage said “Now Entering Ithaca and Tompkins County”.
Chair’s Report and Appointment(s)
Mr. Joseph did not have a report or any appointments.
Report from County Administration
Mr. Whicher, County Administrator, provided an update on the Communications Capital Project, noting that at this time the towers are complete, six of the required shelters are completed with the balance to be done within the next month. Mr. Shurtleff, Mr. Potter, Mr. Krantz, and Mr. Schuler have gone to Motorola’s Schaumburg, Illinois site to see the full system deployed as well as some initial testing of the system. Mr. Whicher said the microwave equipment will be the first on the towers and it is expected to have deployment within the first three months of 2007, with several months of testing prior to a full changeover of the system. He noted that the work is somewhat ahead of schedule and he is pleased with the way the project has been progressing.
Report from the County Attorney
Mr. Wood had no report.
Report from the Finance Director
Mr. Squires provided a handout of the tax rates in towns, comparing 2006 to 2007. He reported the Town of Ulysses opted not to take sales tax as a credit against the County, which will result in a variance in the County tax rates. He said several towns take sales tax and apply it against the County warrant, but when a determination is made to apply the sales tax revenue to their budget it causes a disproportionate increase in the County tax for that municipality. In addition, he noted that for the municipalities that do apply sales tax against their warrant, this year would also be disproportionate due to the last three years towns were credited with extra sales tax due to the surplus that was built up as well as the fact that sales tax in rural areas is reduced from previous years. Current sales tax credits are now adjusted to the proper amount due for 2006 and 2007. Mr. Squires noted he was providing this information should any Legislator receive calls from constituents regarding the higher tax rate for their municipality.
Addition of Appointments) to the Agenda
It was MOVED by Ms. Robertson, seconded by Mr. Booth, to add the appointment of Gay Nicholson to the Planning Advisory Board to the agenda. A voice vote on the motion resulted as follows: Ayes – 9; Noes – 3 (Legislators Hattery, Sigler, and Proto); Excused – 3 (Legislators Herrera, McBean-Clairborne, and Randall). MOTION FAILED (Two-thirds required).
Withdrawal of Resolution(s) from the Agenda
There were no resolutions to withdraw from the agenda.
Approval of Resolution(s) and Appointment(s) Under the Consent Agenda
It was MOVED by Mr. Booth, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members prsent, to approve the following resolution(s) under the Consent Agenda:
RESOLUTION NO. 216 - AUTHORIZING ACCEPTANCE OF A NEW YORK STATE DEPARTMENT OF TRANSPORTATION (NYSDOT) GRANT TO PURCHASE SNOW REMOVAL EQUIPMENT AND PERFORM AN ENVIRONMENTAL ASSESSMENT FOR OBSTRUCTION REMOVAL AND RUNWAY SAFETY AREA IMPROVEMENTS (PHASE II) - ITHACA TOMPKINS REGIONAL AIRPORT (PIN 3902.10)
MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice vote by members present under the Consent Agenda.
WHEREAS, the County has received a grant
offer from the New York State Department of Transportation (NYSDOT) in
the amount of $14,625 to assist with the purchase of a Snow Blower and
an amendment to the Environmental Assessment for Obstruction Removal and
Runway Safety Area Improvements (Phase II), and
WHEREAS, the budgets for these two projects
are as follows:
FAA Share
(95.0%) Account No. HT 5601.44592
$555,750.00
NYSDOT Share ( 2.5%)
Account No. HT 5601.43592 $
14,625.00
Local Share
( 2.5%) Account No. HT 5601.45031
$ 14,625.00
Total
$585,000.00
, now therefore be it
RESOLVED, on recommendation of the Facilities
and Infrastructure Committee, That the grant offer from the NYSDOT of $14,625
be and is hereby accepted and that the County Administrator is authorized
to execute the required documents,
RESOLVED, further, That in the event
of an increase in eligible project costs, the State DOT matching share
may be increased by up to fifteen percent, to a maximum of $16,819.
SEQR ACTION: TYPE II-20
MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice vote by members present under the Consent Agenda.
WHEREAS, the Finance Department advertised
a Request for Proposals and received three bids for a three-year contract,
with an option to renew for a further three years, to provide cleaning
services at the airport terminal building, and
WHEREAS, the lowest responsible bid
was received from Cindy's Cleaning Service, Inc., of Ithaca, New York,
and
WHEREAS, the
total cost for the three-year contract, beginning on January 1, 2007, will
be $294,864.00, now therefore be it
RESOLVED, on recommendation of the Facilities
and Infrastructure Committee, That the bid be awarded to Cindy's Cleaning
Service, Inc., of Ithaca, New York,
RESOLVED, further, That the County Administrator
be and hereby is authorized to execute said contract with Cindy's Cleaning
Service of Ithaca.
SEQR ACTION: TYPE II-2
MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice vote by members present under the Consent Agenda.
WHEREAS, various departments are authorized to charge assorted
fees for various services, now therefore be it
RESOLVED, on recommendation of the appropriate program committees,
That all changes and increases in fees and changes in methods of charging
fees specifically identified in the departmental budget requests, recommended
by the Budget and Capital Committee for 2007, and included in the 2007
budget adopted by the Tompkins County Legislature, are hereby authorized
and approved.
SEQR ACTION: TYPE II-20
RESOLUTION NO. 219 - IMPLEMENTATION OF 2007 TOMPKINS COUNTY BUDGET - MEMBERSHIPS
MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice vote by members present under the Consent Agenda.
WHEREAS, it is in the best interest of the County to have County personnel be members of a variety of organizations, now therefore be it
RESOLVED, on recommendation of the appropriate program committees, That
memberships in all municipal and professional organizations specifically
listed in 2007 budget requests, approved by the appropriate program committee,
and included in the 2007 budget adopted by the Tompkins County Legislature,
are hereby authorized and approved.
SEQR ACTION: TYPE II-20
Approval of Appointment(s) Under the Consent Agenda
It was MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously
adopted by voice vote, by members present to approve the following appointment(s)
under the Consent Agenda.
Finger Lakes Tourism Alliance
Term expires December 31, 2009
Scott Wiggins – Tompkins County representative
Environmental Management Council
Terms expire December 31, 2008
Larry Sharpsteen – Town of Lansing representative
Lawrence Sallinger – Town of Ithaca representative
Dan Lamb – At-large representative #8
Marissa Weiss – At-large representative #9
Herbert J. Engman – At-large representative #10
Keith Epstein – At-large representative #11
Jonathan Baker – At-large representative #12
Term expires December 31, 2007
Martha Ferger – Village of Dryden representative
Planning Advisory Board
Terms expire December 31, 2009
Richard Coogan – Local Planning representative
Betty Falcao – Human Services representative
Richard J. Couture – Education representative
Monika Roth – Agriculture representative
Regional Forest Practice Board
Term expires December 31, 2009
James H. Wilkins III – Landowner representative
Water Resources Council
Terms expire December 31, 2009
Kate Hackett – Planning Department representative
Edward F. Bugliosi – Municipal representative
Theodore L. Hullar – Environmental representative
Frank P. Proto – At-large representative
R. Barry Goodrich – Watershed Organization representative
Mary Shelley – At-large representative
Dan Dostie – Natural Resource Conservation Service ex-officio representative
Strategic Tourism Planning Board
Terms expire December 31, 2009
Ken Jupiter – At-large representative
Beverly Baker – Travel Industry representative
Jennifer Casillas – Ithaca College representative
Charles Trautman – Media, Communications representative
Report from the Public Safety Committee
Mr. Booth, Vice Chair, reported the Committee will meet on December 7th.
Report from the Workforce Diversity and Inclusion Committee
There was no report from the Workforce Diversity and Inclusion Committee.
Report from the Health and Human Services Committee
Mr. Proto, Chairman, reported the Committee meets on December 6th and will have a very busy agenda. He noted there could be an addition to the agenda regarding the Berger Commission’s report on a possible closure of Lakeside Nursing Home. Mr. Proto said there will be a special meeting with staff on Thursday regarding the potential $1.2 million shortfall for 2006 due to reimbursement fees for special needs children. Mr. Proto reported that earlier in the day a Mass Emergency Clinic drill was held at the Women’s Community Building to determine how to best perform mass inoculations if required. A report on this exercise will be provided at the Committee meeting. He announced there will be a flu shot clinic taking place on December 8th from 4 p.m. to 6 p.m. at Pyramid Mall; the cost is $30 and Medicaid Part D patients are reminded to bring their card.
Ms. Robertson spoke of the Lakeside Nursing Home concerns, noting the State Department of Health has been considering Lakeside’s proposal to downsize their number of beds and transform part of the operation to assisted living and adult day healthcare beds. She will be attending a hearing in Syracuse on Monday regarding the Berger Commission report, stating the law for the State Legislature to accept all or none of the recommendations and does not appear flexible.
Report from the Facilities and Infrastructure Committee
Ms. Kiefer, Vice Chair, reported the Committee met on November 28th. With regard to the airport cleaning contract that just came before the Legislature, the company awarded the bid is a local company who has held the contract, and the first cost of the new contract starts lower than the previous contract. It was reported by Mr. Nicholas, Airport Manager, that he was approached by representatives of Ansbro who expressed an interest in possible natural gas exploration on the airport premises. There are some questions whether the Federal Aviation Administration (FAA) will allow drilling at the airport, however, a corner previously determined allowable by the FAA for tower development may be possible. A presentation by Ansbro regarding this proposal will be made in the near future. Ms. Kiefer said there is a need to determine the site location of the new Department of Health building prior to design work being undertaken; it will be an ongoing item on the Committee agenda to move the project forward as quickly as possible. She reported Mr. Marx shared information regarding the Brown Road/Sapsucker Woods Road/Route 13 intersection. The New York State Department of Transportation now reports due to additional accident information new larger signage will be put in place to alert motorists of the approaches, with flashing beacons placed on this new signage in the spring. If the intersection continues to have difficulties they may consider left-hand turning lanes or closure if desired. The Committee reviewed the Transportation Improvement Plan (TIP) for 2007 that includes in priority order, Coddington, Pine Tree, Ellis Hollow, and East King Roads, and Newfield Depot, Freese Road, W. Malloryville, and Red Mill bridges, although there was not a priority provided for West Mallory and Red Mill bridges. The Committee was informed that approximately 60 miles of infrastructure was upgraded during the 2006 construction season.
Mr. Proto spoke of the Harford Road bridge recent weight restriction, noting that the result created many concerns, including recycling/garbage, plow trucks, and emergency vehicles. He suggested that when a bridge is being weight-restricted the information be coordinated with the Emergency Response Department in order to properly notify the local emergency responders. Mr. Proto noted that the Solid Waste Division acted quickly when this occurred, reversing routes to be able to coordinate continuation of services.
Report from the Personnel Committee
Mr. Dennis, Chair, reported the Committee will meet on December 13th at which time the salaries of red-line positions will be discussed. He then reported that labor negotiations with the Road Patrol would begin in January.
Report from the Government Operations Committee
Mr. Sigler, Vice Chair, reported the Committee has not met since the last Legislature meeting. Mr. Proto spoke of the need to “Voice Your Choice” with regard to utility bills, noting the deadline is the end of the month. He referred to the New York State Electric and Gas brochure’s suggested questions to ask potential suppliers, noting it was well written. He indicated it may take time to make comparisons but could prove well-worth the effort. Ms. Robertson shared information regarding the Municipal Electric and Gas Alliance as a potential supplier as well; she referred to David Makar’s web page as a source of information.
Report and Presentation of Resolution(s) from the Planning, Development, and Environmental Quality Committee
Ms. Robertson, chair, reported the Committee met on November 29th, at which time they received a report from Mr. Stamm, Executive Director of Tompkins County Area Development. Since 1973 the Industrial Development Agency (IDA) has assisted 77 projects with an average cost per job of $3,220 compared to the average cost of $15,000 to $20,000 per job experienced by other Industrial Development Agencies. The IDA will be working on a cost-benefit analysis that will provide additional information. There will be a training for companies located within the newly established Empire Zone; interviews have been occurring for the position of Empire Zone Coordinator as well.
Ms. Robertson spoke of the 2007 Work Program review, noting that two applications for agricultural purchase of development rights (one in Lansing, one in Dryden) were successful and will require additional staff time. It was discussed that due to 2007 budget cuts the advisory board staff support will need to be reduced and Planning staff have been discussing the possibility of fewer meetings; each advisory board will be contacted. She spoke of Ms. Hackett’s report on the Cornell University Lakesource Cooling Permit that expires in March 2008, noting Cornell’s desire to reduce their involvement and monitoring and suggestion that perhaps community-based organizations could assist with the monitoring process. Cornell would help pay for such monitorying. Ms. Robertson said Mr. Marx reported on the Finger Lakes Land Trust purchase of 113 acres from Babcock’s in the Ithaca/Newfield area. The Land Trust has requested $20,000 from Tompkins County’s Open Space fund to assist with the purchase and stewardship of this property. Cornell University has committed $75,000 to the project and the Town of Ithaca is considering a request as well. Ms. Robertson said Planning would work with the County Attorney to determine how the process would work. It will return for further discussion to the Committee in the near future. She noted that the Land Trust would own the property and it could require staff time for stewardship of the land. This property, part of what is known as the “Emerald Necklace”, is between two state parks and could be utilized as part of the Finger Lakes Trail.
Mr. Proto reported the Agricultural Assessment forms were sent by the Assessment Department to all farms and require their return by no later than March 1st, which is one month earlier than last year’s requirement. If the forms are not returned farms will lose the agricultural assessment status.
RESOLUTION NO. 220 - SUPPORT FOR 2006 QUALITY COMMUNITIES PROGRAM GRANT APPLICATION AND DESIGNATION OF REPRESENTATIVE
MOVED by Ms. Robertson, seconded by Mr. Dennis. Mr. Proto noted that because the proposal could traverse private property he wanted to be certain that not only would the Land Trust work with municipalities but landowners as well. Mr. Marx indicated it would be multi-faceted and would include not only municipalities but landowners also. Mr. Proto said he had asked the assessor to see if this initiative would affect assessments and was informed it was unknown at this time. Mr. Proto expressed concern about the Resolved that states “That the County Administrator or his designee shall act on behalf of Tompkins County in all matters relating to this financial assistance”; indicating a desire to have assurance that the appropriate Committee be provided the ability to “weigh-in” prior to any action. Mr. Marx noted that it is a requirement of the grant that an individual act with authority in all aspects of receiving and managing the grant and that regular reports would be given to the appropriate Committee. In response to an inquiry from Mr. Hattery, it was noted that the Town of Dryden would be included. Mr. Hattery then asked if the Towns had been notified of the application and was informed by Mr. Marx they had not. Mr. Hattery expressed his inability to support the resolution due to the lack of communication with the town. Mr. Marx said he believed some of the affected towns have been involved but the more appropriate time to do so is upon receipt of the grant.
Ms. Robertson noted the Land Trust would be the lead agency and that the grant must be submitted by December 18th. Mr. Marx said this particular part of the application requires the County to be the applicant rather than the Land Trust and County staff will be part of the planning team. It was noted the involved towns are Newfield, Danby, Caroline, Dryden, and part of the Town of Ithaca. Mr. Hattery noted that his discussions with Dryden officials both the chief elected official and Planner did not indicate any conversations to date.
A voice vote on the motion resulted as follows: Ayes – 8; Noes – 4 (Legislators Hattery, Proto, Sigler, and Stevenson); Excused – 3 (Legislators Herrera, McBean-Clairborne, and Randall). RESOLUTION ADOPTED.
WHEREAS, the New York State Department of State administers a grant
program for planning initiatives that link 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
WHEREAS, the Finger Lakes Trail crosses through three of the Natural
Features Focus Areas identified in the Tompkins County Comprehensive Plan,
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, Tompkins County will be the lead applicant for this grant
program, 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
RESOLUTION NO. 221 - APPROVAL OF BYLAWS OF THE TOMPKINS COUNTY EMPIRE ZONE ADMINISTRATION BOARD
MOVED by Ms. Robertson, seconded by Mr. Dennis. Ms. Robertson noted she had removed the resolution from the Consent Agenda to add the language “amendments shall become effective upon approval of the County Legislature” to the bylaws. Mr. Proto inquired whether Mr. Marx had the authority to vote in his capacity of Chairman and was informed he could. Mr. Proto expressed concern with the statement “sense of the body resolution”, while Section No. 5 requires a quorum to pass an action. Mr. Marx stated the template was used for the bylaws. Mr. Marx believes it is a useful tool, for example, in the event the State requires information and the advisory board does not have a full quorum it will provide necessary input. Ms. Kiefer noted a “sense of the body” resolution is provided for in other bylaws and is a useful way to inform absent members and interested persons of discussions and positions, it is not an action by the board.
A voice vote on the motion resulted as follows: Ayes – 11; Noes – 1 (Legislator Proto); Excused – 3 (Legislators Herrera, McBean-Clairborne, and Randall). RESOLUTION ADOPTED.
WHEREAS, the Tompkins County Legislature authorized application
for designation of certain areas within the County as an Empire Zone, including
establishment of an Empire Zone Administration Board, by Local Law No.
5 of 2005, and
WHEREAS, the State of New York designated those areas as an Empire
Zone on July 30, 2006, and
WHEREAS, the members of the Empire Zone Administration Board approved
draft bylaws on November 6, 2006, and
WHEREAS, the members of the Planning, Development, and Environmental
Quality Committee made several non-substantial revisions to the draft bylaws
on November 16, 2006, the most significant being an addition of the section
on Associate Members, now therefore be it
RESOLVED, on recommendation of the Planning, Development, and
Environmental Quality Committee, That the Empire Zone Administration Board
Bylaws on file with the Clerk of the Legislature be approved.
SEQR ACTION: TYPE II-20
Appointment to Environmental Management Council
It as MOVED by Ms. Robertson, seconded by Mr. Booth, to appoint Kenny Christianson as the At-Large representative #7 on the Environmental Management Council for a term to expire December 31, 2008. Mr. Hattery stated he recognized that Mr. Christianson’s application was for a reappointment, and that he has a particular level of expertise, however, he takes exception to the information provided in the area of the application entitled “why are you interested in this position”. He finds the particular comments to be inappropriate and feels it does not show the proper level of maturity and respect for the position requested and will not support the application for those reasons. Mr. Joseph agreed that the comments made were inappropriate.
A voice vote on the motion resulted as follows: Ayes – 8; Noes – 4 (Legislators Hattery, Proto, Sigler, and Stevenson); Excused – 3 (Legislators Herrera, McBean-Clairborne, and Randall). APPOINTMENT APPROVED.
Report from the Budget and Capital Committee
Mr. Koplinka-Loehr, Chair, reported the Committee met November 27th and all actions will be brought forth at the next Legislature meeting. He asked that members pay particular attention to the fiscal policy amendments. With regard to the budget survey, Mr. Koplinka-Loehr said information obtained will be compiled and brought forward in late December or early January.
Approval of Minutes of November 14 and 21, 2006
It was MOVED by Mr. Randall, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present, to approve the minutes of November 14 and 21, 2006 as corrected. MINUTES APPROVED.
Adjournment
On motion the meeting adjourned at 7:05 p.m.
Respectfully submitted by Karen Fuller, TC Legislature Office