Chair Joseph called the meeting to order at 5:30 p.m.
Pledge of Allegiance to the Flag and Roll Call of Members
Members and guests participated in the Pledge of Allegiance to the Flag.
Present: 15 Representatives.
Privilege of the Floor by the Public
No members of the public wished to speak.
Privilege of the Floor by Board Members
Mr. Proto, District No. 7 Representative, announced that former Board of Representatives member Don Culligan was recognized and admitted into the Ithaca High School Sports Hall of Fame. Mr. Culligan had been the longest serving member of the Board of Representatives and the most-winning high school basketball coach in this region.
Mr. Penniman, District No. 15 Representative, reported briefly on the New York State Association of Counties Conference that was held in January. Mr. Penniman said that those members of the County who attended the conference were provided with a great deal of information regarding the State budget. He said that both he and Ms. Blanchard participated on Committees and that several packets of information on resolutions that were passed would be available in the Board of Representatives Clerk’s office. He said the State budget concerns him as it is based upon the assumption that there will be a healthy rebound of the economy in the third quarter of 2002 and that the Federal government will assist with Medicaid. He said that that will be followed closely.
Ms. Kiefer, District No. 10 Representative, called attention to a show airing on public television this evening at 10:00 p.m. The Bill Moyers Show is highlighting the subject of Trading Democracy. It will provide insight into the manner in which corporations are using an obscure section of the North American Free Trade Agreement to challenge the powers of government at each level. Through the use of this section of the agreement they are able to undermine environmental and health laws as well as our system of justice and, in doing so, are creating a situation detrimental to the citizens of this country. Ms. Kiefer felt it would be worthwhile for everyone to view this informational program.
Ms. McBean, District No. 2 Representative, said that there had been several meetings this past week that she felt were very worthwhile. She said one was a town meeting by Congressman Maurice Hinchey’s and included his viewpoints on civil liberties. The other was a forum on civil liberties after September 11. She said that it was good to see so many citizens present and expressing concerns about the Patriot Act and asking questions. Congressman Hinchey said that the act is a document which provides a great deal more than people realize to protect citizens.
Ms. Blanchard, District No. 1 Representative, said that she had learned at the New York State Association of Counties (NYSAC) conference that a way to have a “louder voice” with regard to issues is to prepare a resolution for inclusion of the appropriate committees at the NYSAC conference. She said that this can be of more value than just sending our resolution to individuals within the State or Federal government as we could pick up the support of fifty-six other counties by doing so. Mr. Joseph asked how often the resolutions are brought forth to these committees and was informed by Ms. Blanchard that it can occur twice a year.
Mr. Lane, District No. 14 Representative, asked the Board to remember the men and women of the armed services serving abroad for the benefit of the American people and asked that we stop for a moment to reflect upon them.
Report by Town Supervisor
Chair Joseph said that Hon. Cathy Valentino, Supervisor of the Town of Ithaca, had brought forth the idea of providing a place on the agenda for Town Supervisors to speak to the Board of Representatives. This idea was suggested to her by Mr. George Lattimer of the Westchester County Board as a successful means to open the lines of communication between Town and County government. A part of the suggestion that they found very useful was to let the Town Supervisors know that whatever the issue brought to the County Board was, a response would be provided as quickly as possible. Mr. Joseph also said that a question was raised with regard to the participation of the Mayor’s of the County. Mr. Joseph indicated that that was a reasonable request and if they desired the option was also open to them.
Mr. Joseph introduced Hon. Cathy Valentino, Supervisor of the Town of Ithaca.
Supervisor Valentino said she was unsuccessful in finding an olive branch to offer, so she presented to the Board of Representatives an eucalyptus branch with a yellow bow on it to symbolize friendship. She said that after her meeting with Mr. Joseph, where they discussed the many more things the Town and County have in common than different, she looked forward to working together to strengthen them. She reported that the Municipal Officer’s Association supported this new forum. She said that they have worked their meetings so that some would not be in conflict with Board meetings. She then invited Board members who would like to, to attend the next meeting of the Association on March 26th with a social hour at six followed by dinner.
Next, Ms. Valentino said that she held a breakfast meeting for the Town of Ithaca County Board Representatives and was pleased with the attendance. She has received a request for an afternoon meeting in the future and will do her best to accommodate this request.
One item of interest was ways the Town could work together on projects; one such is through the Planning Committee. She said that some of the advisory boards had lost interest and are now not meeting. At the Municipal Officer’s meeting it was suggested to form a committee for a short period that would consist of up to two representatives of each community to discuss planning successes, failures, and new ideas that might work in other areas. One item that had been discussed was the Vital Communities Initiative and how it could be a tremendous success or failure and that municipal cooperation would be a very important piece of the plan’s success. Also discussed were the Aquifer Study, the purchase of development rights, and the Charter review that is on-going and the possibility of having input in the process.
At the breakfast she had spoken to Ms. Kiefer and Mr. Booth about Committee and Advisory Board structure, their effectiveness, which ones are mandatory, etc. She said that she would like to have information obtained regarding this matter so that the municipalities can review it. Ms. Valentino felt that the municipalities could offer information of which committees and advisory boards were useful to their communities.
She is also interested in the Highway Department and ways that the municipalities might assist in reducing costs such as decentralization of services.
Ms. Valentino spoke of how she, like Board members, did not come to be a servant for the public because of a goal set in life, but rather as a means to assist others, and felt that an important part of this is to be able to communicate, understand, and respect individuals perspectives. She told the Board of a speaker she had previously heard of from Rochester who was extremely successful with inter-municipal agreements who had told the attendees that it was successful because she went into the meetings with the thought in mind of “what am I willing to give up”, not “what am I going to gain” and that it was the only way that the agreements would work.
In closing, Ms. Valentino said that she felt that she believes that statement and that together the Towns and County can achieve truly great and wonderful things.
Mr. Joseph thanked Supervisor Valentino for having worked hard over the course of the past several months to work towards “healing the wounds.” He also reiterated that we have more in common than different. He then asked to what specific items she would like a response.
Ms. Valentino said the interim planning committee suggestion was one. Mr. Joseph asked Ms. Kiefer to respond to the request. Also the Highway Department suggestion that Ms. Blanchard said she will assist in, and the Committee/Advisory Board review that Mr. Joseph said he would address.
Dick Booth, District No. 3 Representative, expressed his appreciation in Ms. Valentino’s coming to the meeting.
Presentation on Jail Variances
Mr. Joseph provided a history for the variances at the local Public Safety Building from the Commission of Corrections. He said the need to have the variances has been a result of over-crowding at the jail. He has formed a committee consisting of himself, County Administrator Steve Whicher, Board of Representative members Nancy Schuler and Barbara Blanchard, Sheriff Peter Meskill, and Jail Administrator Deborah Neimi. On March 19, 2002, they will be making a presentation to the Commission to continue the existing variances and he desired the Board preview for its input and critique.
Mr. Joseph then pointed out the written materials on members desks for them to review and called their attention to the Labella Report that is on file at the Administration office.
Mr. Joseph began his presentation that included information on space needs of the jail as well as a review of crime prevention and the possible success of treating individual’s entire needs to reduce crime and thereby reduce the jail population. A review of data compiled by the consultant did not sufficiently agree with what Committee members perceived. The projection obtained by the consultant was a straight line and did not seem to be an accurate projection. At that point a determination was made to put together a variety of programs that it was believed have the potential to reduce crime and jail population. It was felt that the best way to proceed was to work on both a review and design to increase the space at the jail and the development of programs to reduce crime and the need for incarceration. In order to fully reach an accurate projection of both the need for space and the success of the programs it would require more time, and therefore continuation of the variances. Mr. Joseph said that there is a need for upgrading at the Public Safety Building whether or not additional space is needed for inmate housing.
The approach of the programs involves the courts, district attorney, sheriff, police, probation, and a variety of community agencies in a mutual effort to amend programs to provide individuals with a total rehabilitation program that will treat the whole individual rather than just individual needs. The Drug Courts were examples of the positive results of this approach to the rehabilitation of individuals.
Next, Mr. Whicher spoke of the extensive comprehensive program which takes a holistic approach. He said that the County believed so much in this approach that over a million dollars has been spent in its development – all in the face of loss of state dollars (CHIPS, PINS, etc.). Mr. Whicher also said that due to the horrific events of September 11th there are other areas requiring the County’s attention as well. Areas noted in the presentation included the needs of the building in the interim, the commitment of the County to reinvest in the jail, and the need to fully evaluate the long-term potential of the programs that have been initiated.
Following the presentation members of the Board provided their opinion of the materials and oral information provided, the manner of the presentation, and their opinion of the areas of presentation that could possibly be modified. Suggestions included placing the conclusion first, a smoother presentation of facts, placement of current history of the programs in place, visual aides, and potential plans for expansion. Questions were posed regarding whether at the end of two years a decision would be either jail expansion or the alternative to incarcerations programming. Comments regarding variance requests for other Counties having been denied showed concern that the County’s request might meet with the same and, if so, how would we respond.
Mr. Joseph noted that he had been advised not to inquire for the two-year variance at the beginning of the presentation. He also said that at the end of the two-year period a decision would then be made regarding options available with programs.
Sheriff Meskill felt that a variance of one year at a time should be requested. He also said there is a large history of preventive programs available.
Mr. Joseph polled each member asking if they would support a construction project at the end of the two-year period. Representatives expressed their approval of a capital project in the future for the jail. Representative Todd requested a chart or list of the reason(s) individuals are incarcerated in order to make an educated review of those who may or may not be incarcerated for a victimless crime. Mr. Joseph said the answers to the questions are in the report provided by the consultants.
Mr. Whicher pointed out to Board members that the Alternatives to Incarceration funding will cease at the end of this year and they need to keep this in mind for future reference.
Mr. Joseph said that many of the new programs are not just a change of sentencing but corrections and rehabilitation. He recognizes that two years will not provide definitive information but will only provide a sense of future projection.
Ms. Robertson suggested that Ms. Richmond of the ATI Program go with the Committee for the presentation to be able to answer questions relative to those programs.
Sheriff Meskill said that he does not feel the Commission will be concerned with the financial status of the County as much as the care, safety, and well-being of inmates. He feels that it would not be prudent to base the request on a financial status. He also said that he recognizes that although it may appear that boarding out of inmates appears less expensive, that the expansion of the jail portion of the building is not the only issue and that administrative spaces and other areas need to be increased as well. Sheriff Meskill said that it needs to be recognized that drugs are not a victimless crime; that all aspects of an individual’s life are affected.
Mr. Joseph thanked all individuals for their participation.
Chair’s Report and Appointments
Appointments
Chair Joseph appointed Scott Pronti to the Workforce Development Board for a term that expires June 30, 2002.
Mr. Joseph said that the Board retreat has been scheduled for Saturday, March 23rd, 12:30 p.m. to 5:30 p.m.at the Transit Center.
Mr. Joseph announced a Public Officials Conference sponsored by the State Emergency Management Office (SEMO) and the County Emergency Management Committee and that all elected officials are asked to attend. Information will be following regarding this dinner meeting at the Holiday Inn on March 21st.
Mr. Joseph shared with the Board an award that was received from the American Red Cross of Tompkins County for County employees having the most first-time donors of blood in the category we fall in. Seventy pints were donated, thirty-one of which were first-time donations.
Report from the County Administrator
Mr. Whicher, County Administrator, addressed a question raised at the last Board meeting and said he had investigated the information in The Ithaca Journal article relative to the county taxes. He tracked down the information that the article was based upon and discovered the supporting document appears to be from 2000. He said that Tompkins County’s overall taxes rank 29th from the lowest of 57. He said that that places the County in the middle of those reported. The overall taxes are Town, County, and school. When looking at just property taxes, we are 18th (in the lowest third) of 57 counties. This information will be passed along to the newspaper for clarification.
Report from the County Attorney
Mr. Wood, County Attorney, informed the Board that the revised data from the Census Bureau has been received and that it is what had been anticipated. These data have been provided to the Court for their review. He said that he expects and hopes that it will end the case. He reported that the Town’s argument was that the deviation might exceed ten percent. In fact, this number decreased from 9.91 to 9.90 percent, the difference of one person.
Report from the Finance Director
Mr. Squires, Finance Director, did not have a report.
Addition of Resolution(s) to the Agenda
On motion and duly seconded and unanimously adopted by voice vote by members present, the following resolution(s) were added to the agenda:
A Resolution Authorizing the Issuance of $105,000
in Serial Bonds of the County of
Tompkins, New York to Pay the Cost of the
Reconstruction of the Building Commonly
Known As Cooperative Extension of Tompkins County
Increase in 2000-2001 State Operating Aid for Tompkins
Cortland Community College
Ratification of the Bargaining Agreement Between
the Corrections Officers Union
Local 2062 and Tompkins County
Award of Bid – Large Format Scanner (Revised)
Approval of Appointments Under the Consent Agenda
Mr. Koplinka-Loehr requested clarification of Heather McDaniel’s ability to serve on the Environmental Management Council as she is employed by the County. Chair Joseph said that if there was a question her appointment should be withdrawn from the Consent Agenda. Ms. Kiefer said it is a municipal appointment. Mr. Koplinka-Loehr did not request removal and her appointment resume remained on the agenda.
It was MOVED by Mr. Koplinka-Loehr, seconded by Mr. Proto and unanimously adopted by voice vote, to approve the following appointment(s) under the Consent Agenda:
Tompkins County Youth Board
Patty VandeBogart – Town of Danby Representative – term
to expire December 31, 2004
Mental Health Subcommittee – Revision of terms
Leslie Connors – term to expire December 31, 2004
Nancy Suci – term to expire December 31, 2003
Chris Decker – term to expire December 31, 2003
Sari Feldman – term to expire December 31, 2005
Linda Pierro – term to expire December 31, 2005
Vacant Position – December 31, 2004
Environmental Management Council
Stephen C. Nicholson- Town of Caroline Representative
– term to expire December 31, 2003
Heather D. McDaniel – Town of Ulysses Representative
– term to expire December 31, 2003
Roger Yonkin – At-Large – term to expire December 31,
2003
Joyce Gerbasi – Town of Dryden Representative – term
to expire December 31, 2003
Susan Brock – Chair – term to expire December 31, 2002
Soil and Water Conservation District
Barbara Blanchard – term to expire December 31, 2002
George Totman - term to expire December 31, 2002
Agriculture and Farmland Protection Board
Frank Proto – term to expire December 31, 2005
Report and Presentation of Resolution(s) from the Planning Committee
Ms. Kiefer, Chair, said the main topic of discussion was the Planning Department’s Work Program that all members of the Board will receive shortly. The Environmental Management Committee announced that they will have five committees functioning this year, four of which are continuing committees: the Environmental Review Committee, the Education Committee, the Pesticides Committee, the Public Safety Communications Committee, and the new Energy Committee that will make comments on the draft State Energy Master Plan and will assist the County in how to make use of the ICLEE study. The Commercial Center Revitalization Program is having its first round of grants. Applications are due April 5, 2002.
RESOLUTION NO. 6 - AFFIRMING ITHACA-TOMPKINS COUNTY
TRANSPORTATION
COUNCIL (ITCTC) RECOMMENDATION TO ESTABLISH
THE ITCTC PLANNING DIRECTOR’S SALARY ABOVE THE SALARY RANGE
MOVED by Ms. Kiefer, seconded by Ms. Blanchard.
Ms. Kiefer explained that the Board is required to pass a resolution confirming the salary of the director. Mr. Winch inquired about the significant increase of the salary and how it compares to other positions like this. Ms. Blanchard responded that it is comparable to similar positions held across the state. Mr. Proto inquired as to the source of funding and was advised by Ms. Blanchard that it is Federal funds.
Following discussion a voice vote resulted as follows: Ayes – 14; Noes – 1 (Representative Winch). RESOLUTION ADOPTED.
WHEREAS, Tompkins County entered into a Memorandum of
Understanding with the Ithaca-Tompkins County Transportation Council (ITCTC)
on September 30, 1992 agreeing that “…..staff will be hosted by Tompkins
County as an administrative rather than a reporting arrangement…… staff
is selected by the Council [with] staffing plan, staff qualifications and
salary schedule established by the Council”, and
WHEREAS, Board Resolution No. 99 of 1993 “Clarification
of Employment Status – Position of Ithaca-Tompkins County Transportation
Council Planning Director” stated the following:
“…the position of Ithaca-Tompkins County Transportation
Council Planning Director shall be entitled to the terms and conditions
of employment established by this [County] Board for management employees
unless otherwise recommended by the Council and established by this [County]
Board of Representatives”, and
WHEREAS, on March 14, 2000, the Director’s salary was
modified by ITCTC resolution 00-1 above the management salary range from
$51,056 to $57,200 with the stipulation that the Host Agency, Tompkins
County, execute the necessary administrative procedures to implement this
modification, and
WHEREAS, on March 13, 2001, the ITCTC passed Resolution
01-1 to establish a January 1, 2001 salary to reflect a 4.25 percent increase
over 2000, and
WHEREAS, on December 18, 2001, the ITCTC passed Resolution
01-13 to increase this salary by an additional 4.25 percent effective January
1, 2002, and
WHEREAS, no affirmation by the Board of Representatives
was requested, nor made, and
WHEREAS, in keeping with the County’s requirement that
salaries established above the salary range be authorized exclusively by
Board Resolution, and to establish or affirm recommendations made by ITCTC
that are contrary to the terms and conditions of employment for management
staff, now therefore be it
RESOLVED, on recommendation of the Planning Committee,
That the Tompkins County Board affirm the annual salary for the Ithaca-Tompkins
County Transportation Council Planning Director above the salary range
effective January 1, 2000 as approved by the Ithaca-Tompkins County Transportation
Council,
RESOLVED, further, That the Tompkins County Board of
Representatives affirms annual salary increases of 4.25% for 2001 ($59,631),
and 4.25% for 2002 ($62,165).
SEQR ACTION: TYPE II-20
RESOLUTION NO. 7 - APPROPRIATION FROM CONTINGENT FUND – SENIOR PLANNER POSITION – PLANNING DEPARTMENT
MOVED by Ms. Kiefer, seconded by Mr. Penniman. A short roll call vote resulted as follows: Ayes – 15, Noes – 0. RESOLUTION ADOPTED.
WHEREAS, the Board of Representatives, in 2001,
adopted the Fiscal Year 2002 budget that placed fifty thousand dollars
in the Contingent Fund with the intention of releasing those funds upon
the submittal of a Work Program by the Department of Planning after the
appointment of a new Planning Commissioner, and
WHEREAS, on January 17, 2002, the Planning Committee
approved the 2002 Work program submitted by the Department of Planning,
and
WHEREAS, in order to pursue the approved 2002 Work
Program, the Department of Planning requires those funds set aside in the
Contingent Funds, now therefore be it
RESOLVED, on recommendation of the Planning and
Budget and Capital Committees, That the Director of Finance be authorized
to appropriate fifty thousand dollars from the Contingent Fund, for the
purpose of funding one full-time position in the Department of Planning
as follows:
FROM: A1990.54400 Contingent Fund $50,000
TO: A8020.51000 General Planning Activities
- Senior Planner $16,789
A8020.58800 Fringes
$ 4,366
A8029.51000 Grants Management - Senior Planner
$22,893
A8029.58800 Fringes
$ 5,952
RESOLVED, further, That the Planning Department Fiscal
Target be increased by $50,000 with a commensurate decrease in Contingent
Funds budgeted.
SEQR ACTION: TYPE II-20
Mr. Koplinka-Loehr, Chairman, said the Committee has not met since the last time the Board met.
RESOLUTION NO. 8 - RATIFICATION OF THE BARGAINING AGREEMENT BETWEEN THE CORRECTIONS OFFICERS UNION, LOCAL 2062, AND TOMPKINS COUNTY
MOVED by Mr. Koplinka-Loehr, seconded by Mr. Totman. A voice vote on the resolution resulted as follows: Ayes – 14, Noes – 1 (Representative Kiefer). RESOLUTION ADOPTED.
RESOLVED, on recommendation of the Negotiating Committee,
That the bargaining agreement between Tompkins County and the Corrections
Officers Unit, Local 2062, for the years 2001, 2002, 2003, and 2004 is
hereby ratified.
SEQR ACTION: TYPE II-20
Mr. Lane, Chairman, said the Committee has not met since the last time the Board met. The Committee will meet next on February 14, 2002. He reported that the meeting will start at 1:00 p.m. in order to allow a special presentation by Tompkins County Area Development to discuss their Economic Development Strategy and progress made during 2001. All members are invited to this presentation.
He said that on February 6, 2002 there is a luncheon for the New York State Commissioner of Labor who will be in town to recognize the Tompkins County Workforce Development Center as the first to be certified in the State of New York. He said that this is an honor as we are the first and are receiving requests statewide to assist their centers to come up to the standards set by our County.
Mr. Lane also said that the Industrial Development Agency reviewed a variety of projects at its meeting. In particular, he noted the agreement to extend tax incentives to the proposed Gateway Development Project that will redevelop the old Dean of Ithaca Building and others in the area.
Mr. Proto inquired if the Industrial Development Agency has heard any progress on the project involving the old Miller Building which housed a microbrewery. Mr. Lane said that that project has not progressed forward at this point for presentation to the Industrial Development Agency.
Mr. Lane provided a brief description of the tax abatements which would total approximately $477,000 over ten years. Current taxes are still paid, however there are incentives on the new construction. Mr. Joseph said that this is under the new program set up last year which allows the abatement for tall buildings. This project is the first under the new criteria and involved the City Council, and Board of Education as well as the Board of Representatives. Mr. Penniman said that the Gateway Project portion brought forward at this time is the office and retail space.
Report and Presentation of Resolution(s) from the Budget and Capital Committee
Mr. Penniman, Chairman, said the Committee has met twice since the last Board meeting. He spoke to the Board regarding the appointment of employees to the various advisory boards and committees that exist. He said that many employees belong to a variety of boards and committees and that it is his belief that it is not inappropriate so long as there is not a conflict of interest between the board and their job assignment. He feels it is up to the department to work out any possible conflict.
He said that at the meetings held an overview was provided of the budgetary procedures and fiscal policy. A preliminary report on the cash position of various departments was reviewed and a complete fiscal report should be available in early March, providing a more thorough account of how the County made out with revenues and expenditures for 2001. Subsequent to this the Committee will start to review scenarios for the coming year and how the cash position fits into the 2003 budget process.
RESOLUTION NO. 9 - RESOLUTION AUTHORIZING THE ISSUANCE OF $105,000 SERIALBONDS OF THE COUNTY OF TOMPKINS, NEW YORK, TO PAY THE COST OF THE RECONSTRUCTIONOF THE BUILDING COMMONLY KNOWN AS THE CORNELL COOPERATIVE EXTENSION OF TOMPKINS COUNTY BUILDING
MOVED by Mr. Penniman, seconded by Ms. Robertson. A roll call vote resulted in the following: Ayes – 15; Noes – 0. RESOLUTION ADOPTED.
WHEREAS, the County of Tompkins, New York, has entered
into an agreement with the Cornell Cooperative Extension of Tompkins County
pursuant to which the County has leased the building located at 303 West
Lincoln, Ithaca, and
WHEREAS, such building is adjacent to the building located
at 615 Willow Avenue in Ithaca, and
WHEREAS, the building at 303 West Lincoln requires various
improvements and the County desires to construct and finance such improvements,
and
WHEREAS, all conditions precedent to the financing of
the capital project, including compliance with the provisions of the State
Environmental Quality Review Act, have been performed, and
WHEREAS, it is now desired to authorize the financing
of such capital project, now therefore be it
RESOLVED, on recommendation of the Budget and Capital
Committee, That by the Board of Representatives of the County of Tompkins,
New York, as follows:
Section 1. For the specific object or purpose of
paying the cost of the reconstruction of the building located at 303 West
Lincoln, Ithaca, commonly known as the Cornell Cooperative Extension of
Tompkins County Building, including the purchase and installation of original
furnishings, equipment and apparatus to be used thereat and incidental
improvements and expenses in connection therewith, at a maximum estimated
cost of $105,000, there is hereby authorized to be issued $105,000 serial
bonds of said County, pursuant to the provisions of the Local Finance Law.
Section 2. It is hereby determined that the maximum
estimated cost of such specific object or purpose is $105,000, and that
the plan for the financing thereof is by the issuance of the $105,000 serial
bonds of said County, authorized to be issued pursuant to this bond resolution.
Section 3. It is hereby determined that the period
of probable usefulness of the aforesaid specific object or purpose is twenty
years, pursuant to subdivision 12(a)(1) of paragraph a of Section 11.00
of the Local Finance Law, because such building is a class “A” building
within the meaning of subdivision 11 thereof.
Section 4. Subject to the provisions of the Local
Finance Law, the power to authorize the issuance of and to sell bond anticipation
notes in anticipation of the issuance and sale of the bonds herein authorized,
including renewals of such notes, is hereby delegated to the County Finance
Director, the chief fiscal officer. Such notes shall be of such terms,
form and contents, and shall be sold in such manner, as may be prescribed
by said County Finance Director, consistent with the provisions of the
Local Finance Law.
Section 5. The faith and credit of said County
of Tompkins, New York, are hereby irrevocably pledged for the payment of
the principal of and interest on such obligations as the same respectively
become due and payable. An annual appropriation shall be made in
each year sufficient to pay the principal of and interest on such obligations
becoming due and payable in such year. There shall annually be levied
on all the taxable real property of said County a tax sufficient to pay
the principal of and interest on such obligations as the same become due
and payable.
Section 6. Such bonds shall be in fully registered
form and shall be signed in the name of the County of Tompkins, New York,
by the manual or facsimile signature of the County Finance Director and
a facsimile of the corporate seal shall be imprinted or impressed thereon
and attested by the manual or facsimile signature of the County Clerk.
Section 7. The powers and duties of advertising
such bonds for sale, conducting the sale and awarding the bonds, are hereby
delegated to the County Finance Director, who shall advertise such bonds
for sale, conduct the sale, and award the bonds in such manner as he shall
deem best for the interests of the County; provided, however, that in the
exercise of these delegated powers, he shall comply fully with the provisions
of the Local Finance Law and any order or rule of the State Comptroller
applicable to the sale of municipal bonds. The receipt of the County
Finance Director shall be a full acquittance to the purchaser of such bonds,
who shall not be obliged to see to the application of the purchase money.
Section 8. All other matters, except as provided
herein relating to such bonds, including prescribing whether manual or
facsimile signatures shall appear on said bonds, prescribing the method
for the recording of ownership of said bonds, appointing the fiscal agent
or agents for said bonds, providing for the printing and delivery of said
bonds (and if said bonds are to be executed in the name of the County by
the facsimile signature of the County Finance Director and, providing for
the manual countersignature of a fiscal agent or of a designated official
of the County), the date, denominations, maturities and interest payment
dates, place or places of payment, and also including the consolidation
with other issues, shall be determined by the County Finance Director.
It is hereby determined that it is to the financial advantage of the County
not to impose and collect from registered owners of such serial bonds any
charges for mailing, shipping and insuring bonds transferred or exchanged
by the fiscal agent, and, accordingly, pursuant to paragraph c of Section
70.00 of the Local Finance Law, no such charges shall be so collected by
the fiscal agent. Such bonds shall contain substantially the recital
of validity clause provided for in Section 52.00 of the Local Finance Law
and shall otherwise be in such form and contain such recitals in addition
to those required by Section 52.00 of the Local Finance Law, as the County
Finance Director shall determine.
Section 9. The validity of such bonds and bond
anticipation notes may be contested only if:
1) Such obligations are authorized for an object or purpose
for which said County is not authorized to expend money, or
2) The provisions of law which should be complied with
at the date of publication of this resolution are not substantially complied
with,
and an action, suit or proceeding contesting such validity
is commenced within twenty days after the date of such publication, or
3) Such obligations are authorized in violation of the
provisions of the Constitution.
Section 10. This resolution shall constitute
a statement of official intent for purposes of Treasury Regulations Sections
1.150 – 2(d) and (e). Other than as specified in this resolution,
no monies are, or are reasonably expected to be, reserved, allocated on
a long-term basis, or otherwise set aside with respect to the permanent
funding of the object or purpose described herein.
Section 11. This resolution, which takes effect
immediately, shall be published in full in the Ithaca Journal, which is
hereby designated as the official newspaper of such County for purposes
of this bond resolution, together with a notice of the Clerk of the Board
of Representatives in substantially the form provided in Section 8l.00
of the Local Finance Law.
SEQR ACTION: TYPE II-20
RESOLUTION NO. 10 - INCREASE IN 2000-2001 STATE OPERATING AID FOR TOMPKINS CORTLAND COMMUNITY COLLEGE
MOVED by Mr. Penniman, seconded by Mr. Proto, and unanimously adopted by voice vote.
WHEREAS, Section 602.8 of the “Official Compilation of
Codes, Rules and Regulations of the State of New York” limits total State
operating aid to the budgeted or actual whichever is less, and
WHEREAS, the actual total State operating aid for the
2000-2001 College fiscal year for Tompkins Cortland Community College was
greater than budgeted, and
WHEREAS, operating budget amendments require College
Board of Trustee, Sponsor, and State University of New York Trustee approval,
now therefore be it
RESOLVED, on recommendation of the Budget and Capital
Committee, That the budgeted 2000-2001 State operating aid for Tompkins
Cortland Community College be increased $56,476 from $5,291,912 in the
originally approved budget to $5,348,388 in the amended budget, with no
increase in the total operating costs or sponsor contribution,
RESOLVED, further, That certified copies of this Resolution
be sent to the Cortland County Legislature, the Board of Trustees of Tompkins
Cortland Community College, the Board of Trustees of the State University
of New York, and the State University Construction Fund,
RESOLVED, further, That this Resolution shall become
effective upon the adoption of a concurrent resolution by the Cortland
County Legislature.
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Mrs. Schuler, Chair, reported that the Committee
meets again on February 7, 2002. She said that she has a resolution
which reflected work of last month. She called individuals attention
to an insert drawn and written by young people in the January 15th The
Ithaca Journal, “Why Most Kids Don’t Use Drugs” sponsored by the Sheriff’s
Department and how valuable the information was. Also, she shared
with the Board the first newsletter from the Community Justice Center which
provides material of what the Center does and felt it may be beneficial
at the presentation in Albany to the Office of Corrections.
RESOLUTION NO. 11 - AUTHORIZING THE COUNTY ADMINISTRATOR AND THE SHERIFF TO ENTER INTO A MUTUAL AID ASSISTANCE AGREEMENT WITH THE CITY OF ITHACA (AGREEMENT ON FILE WITH ORIGINAL MINUTES)
MOVED by Mrs. Schuler, seconded by Ms. McBean, and unanimously adopted by voice vote.
WHEREAS, it is in the best interest of the citizens of
the County of Tompkins for police agencies to cooperate with each other
and to aid one another in appropriate circumstances, and
WHEREAS, an agreement providing for mutual aid between
the City of Ithaca Police Department and the Sheriff's Department will
enhance the efficiency of service to the public, and
WHEREAS, the City of Ithaca and the County benefit by
defining the rights and liabilities of each agency, now therefore be it
RESOLVED, on recommendation of the Public Safety Committee,
That the County Administrator and the County Sheriff are authorized to
enter into a Mutual Aid Assistance Agreement as attached with the City
of Ithaca.
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Report and Presentation of Resolution(s) from the Health and Human Services Committee
Mr. Winch, Chair, said that the Committee has not met since the last Board meeting. However, he has met with various Department Heads to become aware of activities and concerns of Departments. He has also met with Ms. Dill of the Human Services Coalition to review their programs. Mr. Winch said he had the opportunity to sit in on a panel with $30,000 FEMA funding to distribute among food kitchens. He said that the food kitchen directors spoke of a concern of low funds available and the impact of the increasing need for services.
RESOLUTION No. 12 - AUTHORIZING MEMBERSHIP IN THE INTERMUNICIPAL COOPERATIVE RECREATION PARTNERSHIP
MOVED by Mr. Winch, seconded by Mr. Penniman, and unanimously adopted by voice vote. Mr. Winch explained that this agreement has been worked on for a long period and expressed appreciation to Ms. Nancy Zahler, Director of the Youth Bureau, and her staff for bringing this forward.
WHEREAS, the Tompkins County Planning and Intergovernmental
Relations Committee initiated an inter-municipal recreation planning process
in 1999, and
WHEREAS, the Recreation Planning Group comprised of municipal
representatives from the Towns of Caroline, Danby, Dryden, Enfield, Groton,
Ithaca, and Ulysses, Village of Lansing, and the City of Ithaca and Tompkins
County developed a Proposal for the Future that was approved by all parties
during their budget adoptions in 2000, and
WHEREAS, the municipal representatives on the newly created
Recreation Partnership Board have spent most of 2001 negotiating an agreement
to govern their on-going program partnership which jointly plans, finances,
provides, and coordinates shared recreational services that supplement
and complement those offered by localities, and
WHEREAS, the Partnership has offered over forty programs
and 7,970 registrations of youth have already been recorded for 2001, and
WHEREAS, the attached Agreement for Intermunicipal Cooperative
Recreation Partnership has been approved by the Recreation Partnership
Board on January 8, 2002 and now must be ratified by all eleven participating
municipalities (Towns of Caroline, Danby, Dryden, Enfield, Groton, Ithaca,
Newfield, and Ulysses, Village of Lansing, City of Ithaca, and Tompkins
County), now therefore be it
RESOLVED, on recommendation of Health and Human Services
Committee, That the Board of Representatives continue its commitment to
finding collaborative inter-municipal solutions to meeting youth needs
by officially joining the Intermunicipal Cooperative Recreation Partnership,
RESOLVED, further, That the Chair of the Board of Representatives
be, and hereby is, authorized to sign the attached Agreement.
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RESOLUTION NO. 13 - APPROVAL OF RECREATION PARTNERSHIP BYLAWS
MOVED by Mr. Winch, seconded by Mr. Proto, and unanimously adopted by voice vote.
WHEREAS, the Board of Representatives is a member of the
Intermunicipal Cooperative Recreation Partnership, and
WHEREAS, the Intermunicipal Cooperative Recreation Partnership
Agreement approved by the County calls for bylaws to be developed by the
Recreation Partnership’s governing board and ratified by all participating
municipalities, and
WHEREAS, the governing board of the Recreation Partnership
approved a set of bylaws on November 13, 2001 that must now be approved
by all participating municipalities, and
WHEREAS, the Health and Human Services Committee of 2001
approved the bylaws on December 18, 2001, now therefore be it
RESOLVED, on recommendation of Health and Human Services,
That the bylaws on file with the Clerk of the Board be and hereby are approved.
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Report and Presentation of Resolution(s) from the Information Technology Services Policy Committee
Mr. Winch, Chair, reported the Committee had its first meeting on January 30, 2002. He said that he took the opportunity to familiarize himself with this department prior to the meeting. Mr. Potter, Director of Information Technology Services, provided information about the structuring of the department and recent changes. He said that at the meeting an approval was given to fill a vacancy. Mr. Winch feels that the restructuring will benefit other departments when requesting services. He said that the Department is applying for a SARA grant and which will scan large documents and will benefit of the entire County. He is looking forward to reviewing the short and long-range plans for the department at the next meeting.
RESOLUTION NO. 14 - AWARD OF BID – LARGE FORMAT SCANNER
MOVED by Mr. Winch, seconded by Mr. Proto, and unanimously adopted by voice vote.
WHEREAS, the Department of Finance – Division of
Purchasing has duly advertised for bids for the purchase of one (1) large
format scanner, and
WHEREAS, five (5) bids were received and publicly
opened on December 20, 2001, and
WHEREAS, the large format scanner will be funded
through the Geographic Information Systems Capital Program, and
WHEREAS, the large format scanner will have a primary
purpose of the digitization of large format documents within the County
Clerk’s office and other County Government Agencies, now therefore be it
RESOLVED, on recommendation of the Information
Technology Services Policy Committee, That the bid be awarded to Widecom
Group, Inc., of Brampton Ontario, Canada as the lowest responsible bidder
meeting all of the minimum specifications as required for a total award
amount of $12,000 (United States currency).
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Report and Presentation of Resolution(s) from the Public Works Committee
Ms. Blanchard, Chair, reported that the Committee met on January 17, 2002. At that meeting many organizational issues were discussed. At the next meeting on February 7, 2002 they plan to discuss goals. She said that Mr. Michael Harris, new Assistant County Highway Manager, was introduced and welcomed to the staff. Mr. Lane, Chair of the Economic and Workforce Development Committee has referred information from the Common Good Coalition related to Project Labor Agreement Proposals for evaluation. The Committee concurred with the recommendation to fill a position vacancy of Airport Operations Technician and preliminary steps were taken to fill two vacancies in the Facilities division. She said that a discussion occurred with the Library Director of how to arrange for additional cleaning service at the library to allow for more Sunday hours. The Committee did not support the Director’s request that the cost of the service be taken out the Facilities budget. Suggestions were made that the director contact Ms. Smithers of County Administration to seek assistance on how to understand how funding within the library budget can be moved to accommodate her need. A discussion also took place regarding the solar panels and the converter repairs which are required. Also regarding the panels was a discussion of the possible means to sell energy produced from the panels. At this time the sale of energy cannot be made to the local supplier New York State Electric and Gas Corporation. The Committee will be working with the Environmental Management Council o this end. Finally, the year-end report was reviewed by the Committee and is available for review by Board members.
RESOLUTION NO. 15 - AUTHORIZATION TO EXECUTE EXTENSION OF HIGHWAY SNOW AND ICE AGREEMENT WITH THE STATE OF NEW YORK
MOVED by Ms. Blanchard, seconded by Mr. Lane, and unanimously adopted by voice vote. Ms. Blanchard noted that our salt which is mixed with Icemelt a product that assists in the melting process is used on all roads we are contracted with.
WHEREAS, the County of Tompkins has heretofore entered
into an agreement with the State of New York pursuant to Section 12 of
Highway Law relating to control of snow and ice on State highways, and
WHEREAS, Sections 7 and 10 of said agreement respectively
provide a method of modifying the map of affected State highways and for
annually upgrading expenditures, and
WHEREAS, it is in the best interest of the County
to extend said agreement currently set to expire June 30, 2003 as modified
and updated, for an additional one-year period because (1) it reaffirms
our interest in continuing the good working relationship we now enjoy with
the State Department of Transportation, and (2) it allows for more advance
planning of snow routes and procedures, now therefore be it
RESOLVED, on recommendation of the Public Works
Committee, That an extension of the snow and ice agreement is hereby authorized
for a period of one year from July 1, 2003 through June 30, 2004,
RESOLVED, further, That the County Administrator is hereby
authorized and directed to execute such extension on behalf of the County,
RESOLVED, further, That the County continues to be concerned
about fuel prices and subsequent adjustments and feels that needs to be
addressed on an annual basis.
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RESOLUTION NO. 16 - AUTHORIZATION TO CONDUCT A PUBLIC HEARING – PROPOSED ACQUISITION OF PROPERTY FOR THE WIDENING AND RECONSTRUCTION OF NORTH TRIPHAMMER ROAD
MOVED by Ms. Blanchard, seconded by Mr. Todd. Ms. Blanchard noted that the purpose of this resolution is to abide with requirements for eminent domain in the event closure is not received on the purchase of right-of-ways on the last several properties located on this road. There are ten parcels that this involves out the eighty-eight.
Mr. Lane requested to abstain from voting on this matter as he has clients involved in this matter. There were no objections.
Mr. Lane said he was pleased to hear Ms. Valentino discuss the possibility of the Towns taking over some of the responsibility for highway needs. He also was glad to hear of the mutual aid agreement with the City and noted that some of the things spearheaded in the past are beginning slowly to come to fruition.
A voice vote resulted as follows: Ayes – 14, Noes – 0, Abstained – 1 (Representative Lane). RESOLUTION ADOPTED.
WHEREAS, funding for the North Triphammer Road improvement
is in jeopardy unless the project can be moved forward in an expeditious
manner, and
WHEREAS, negotiations for approximately ten of
the parcels needed to complete acquisition of the right-of-way for the
project have not yet been completed, and
WHEREAS, the County intends to pursue all means
to complete these negotiations in a timely manner without necessitating
legal measures but must provide for the contingency that the properties
in question may need to be acquired via eminent domain procedures as a
last resort, now therefore be it
RESOLVED, on recommendation of the Public Works
Committee, That the Board of Representatives conduct a public hearing pursuant
to Section 201 of the Eminent Domain Procedure Law at the Tompkins County
Courthouse on the 19th day of February, 2002, at 5:30 o'clock in the evening
thereof,
RESOLVED, further, That the purpose of said hearing
is to inform the public and to review the public use to be served by the
widening of North Triphammer Road in the Town of Lansing and the impact
on the environment and residents of the locality where said project will
be constructed,
RESOLVED, further, That pursuant to Section 202
of the Eminent Domain Procedure Law, the Clerk of the Board shall cause
to be published at least ten days and not more than 30 days prior to said
hearing a notice of same in at least five consecutive issues of the Ithaca
Journal.
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Report from the Charter Review Committee
Mr. Lane, Chairman, said the Committee met and spent time in refining the proposal to replace Section 2.04 that is filling of vacancies on the Board of Representatives and said that it will be available for comment by the Board shortly and subsequently the Towns. He also reported that the Department of Law section is being reviewed and expects the work to continue on as in the past. He said that with the final approval of the census the report on the redistricting effort will be forthcoming.
Report from the Communications Capital Project Committee
Ms. Blanchard, Chair, reported the Committee met on January 22 and will meet again on February 26th at 11:30 a.m. The meeting was a detailed review of the legal agreement entitled Joint Contract For Lease Construction and Maintenance for the Public Safety Communications Center. This is the legal basis for moving forward with the agreement with the Town of Ithaca, Ithaca College, the City of Ithaca and the County to build a 911 center in conjunction with the Number 5 fire station on South Hill. Suggestions were made and revisions have been made and circulated to those involved. A negotiations meeting will be taking place on February 8th. This will include a lease agreement with the Town of Ithaca for the use of the premises. Following this it will focus on the design of the building that will be brought forth to the Board for review. The paging project is moving forward. United Radio will be doing frequency analysis to assist in reviewing the needs. Ms. Blanchard said that they are requesting individuals involved with the request for proposals to bring forth innovative solutions to the communications problems the County currently encounters with the system.
Report from the Space Needs and Location Committee
Mr. Joseph, Chairman, reported the Committee met in executive session prior to the regular Board meeting.
Public Safety Building Space Study Committee
Mr. Joseph, Chair, said that the committee has not yet met. He said that the name of the committee is changed to “Public Safety Building Planning Committee.” This was a suggestion made to emphasize that the Committee is not just studying, but will be planning.
Approval of Minutes of January 19, 2002
It was MOVED by Mr. Penniman, seconded by Mr. Todd, and unanimously adopted by voice vote, to approve the minutes of January 19, 2002 as submitted. MINUTES APPROVED.
Adjournment
On motion the meeting adjourned at 7:48 p.m.
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