Tompkins County Legislature
Regular Meeting
March 1, 2005 - 5:30 p.m.
Legislature Chambers
Public Hearing - Small Cities Community Development Block Grant Program
Mr. Joseph called the public hearing to order at 5:30
p.m. concerning Tompkins County's submission of an application for funding
under the Small Cities Community Development Block Grant program.
Heather Filiberto of the Tompkins County Planning Department
said the Legislature will consider a resolution this evening regarding the
submission of the 2005 Small Cities Community Development Block Grant.
This program was originally funded in 1993. This year they will be
requesting a grant in the amount of $600,000 that will be used to assist
22 first-time homebuyers. Ms. Filiberto said since the program
has been in existence there have been over 200 homebuyers assisted.
She explained the criteria for application to the program and noted others,
such as local lenders, also benefit from this program.
Mr. Lane said Tompkins County was not successful in its
grant application last year and asked what changes were made in the application
this year. Ms. Filiberto explained the changes, e.g., this year assistance
will be given as a grant, not a loan, and said she is confident that Tompkins
County's current application will be more competitive this year.
Ms. Robertson asked if this is one of the programs the
President is proposing to be eliminated; Ms. Filiberto said it is one of
several programs being folded into one program and as a result funding will
be reduced.
No member of the public wished to speak and the public hearing was closed at 5:36 p.m.
Called to Order
Mr. Joseph called the regular meeting to order 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: 14 Legislators. Excused: 1 (Legislator Blanchard).
Presentation of Proclamation
Chair Joseph presented a proclamation to Legislator McBean-Clairborne
declaring the month of March, 2005, as Women's History Month in Tompkins
County. Mrs. McBean-Clairborne announced a celebration of women in
Tompkins County will be held on March 29 and this proclamation will be read
at that event. She said she will be seeking a permanent place to display
the proclamation following the celebration.
Privilege of the Floor by the Public
No member of the public wished to speak.
Privilege of the Floor by Legislators
Mr. Proto, District No. 7 Legislator, said at the last
meeting of this Legislature Mr. Lane raised a question with regard to sales
tax on energy use. Following the meeting he was contacted by a constituent
who asked him to request that if this subject was being considered, that
other products used for heating, such as wood, coal, and corn pellets, also
be considered.
Mr. Joseph said he made inquiries to State Legislators
to see if they would allow Tompkins County to separate that tax and allow
the County to charge sales tax on home heating fuel with the three percent
tax but not on the additional one percent. As of this date, he
has not received an answer.
Ms. Robertson, District No. 13 Legislator, provided the
Legislature with a HAVA (Help America Vote Act) update and said the Paper
Ballot Optical Scanning is now on the radar as Albany moves closer to making
a decision on this issue. She encouraged everyone to contact their
State senator or assemblyperson to urge adoption of legislation that would
require a voter-verified paper ballot. Ms. Robertson also quoted from
a letter she received from New York State Senator Spano on this subject.
Ms. Robertson announced the Environmental Management Council
will be having a presentation on the health effects of open burning
on March 9th at 7 p.m. at the Transit Facility.
Ms. Herrera, District No. 5 Legislator, spoke of a series
presented in the Ithaca Journal on Black History Month and said in the context
of some of the things under discussion by this Legislature the article bears
close examination. Ms. Herrera also spoke of the downtown Ciminelli
project and said she was unhappy with the Ithaca Journal's portrayal of the
situation as a union versus non-union issue and noted Haynor-Hoyt has had
many labor violations in the past. She said she was pleased to see
Michael Lane, Chair of the Industrial Development Agency, respond to this
with a statement that this issue would be addressed.
Mrs. McBean-Clairborne, District No. 2 Legislator, thanked
the public for the outpouring of activities in support of Black History Month
and reminded everyone that this history has not always been about something
positive and that there are still many achievements that need to be made.
Mr. Lane, District No. 14 Legislator, commended Mathew
Cornell, a Dryden resident and United States Marine, who is serving in Iraq.
Mr. Cornell recently saved the lives of two individuals who had been kidnapped
by insurgents. Mr. Lane said Mathew's father, Bill, has served
the County in various law enforcement positions. He also reiterated
the danger that United States troops face in Iraq each day and how proud
their country is of them.
Mr. Todd, District No. 6 Legislator, spoke of today's
snowstorm and said he hopes the saying "In like a lion, out like a lamb",
will apply to the weather this month.
Ms. Kiefer, District No. 10 Legislator, reported prior
to recess (later in meeting) on an article that appeared in the New York
Times with regard to medical care provided in jails. She said some
jurisdictions privatize medical care in jails and said she found the contents
of the article upsetting. She hopes that Tompkins County will not be
tempted to privatize medical care in our local jail.
Chairs Report and Appointments
Mr. Joseph made the following statement:
"Tompkins County is launching a renewed effort to assure
that we have a diverse workforce and that we continually maintain an inclusive,
welcoming workplace. As a leading employer, and one that is supported with
public money, it is especially important that County government be a model
for building a diverse and inclusive workforce.
"Because we hold these values so highly, it saddens me
to report that last November an incident occurred in which one employee used
racially abusive and threatening language toward another employee.
"We also learned that similar, though less dramatic incidents
had previously occurred. When the Legislature learned of this we were, of
course, appalled and outraged. We all wanted to know what was being done
and what could be done to make it clear that this type of behavior will not
be tolerated and to eliminate any perception that this is acceptable workplace
behavior. We learned that County Administration, and our Personnel,
and Human Rights Departments were already working to respond immediately
to this and other similar incidents. These departments have continued, with
the full support and encouragement of the Legislature, to examine the workplace
culture and environment, to address standards of behavior, and to ensure
that all of our employees, throughout the organization, feel safe and welcome
where they work.
"Because it was a personnel issue involving specific individuals,
we could only discuss the particulars of the incident in executive session
– but anyone closely following our public actions will have noticed a definite
tension in the air as we dealt with our feelings and concerns about future
hiring decisions. There are limits on what we can say publicly about individual
personnel matters, but I want to apologize to anyone who felt constrained
from speaking openly about systemic problems.
"Diversity, inclusion, and fairness are issues that not
only can, but must, be dealt with openly and publicly. The diversity of the
County workforce should generally reflect that of the County’s population,
and although we have had an Affirmative Action Plan in place for years, we
have not achieved our diversity goals. Our renewed effort was triggered by
a racial incident that shocked us all, but diversity is about more than just
race. It is about the inclusion of all people and the exclusion of none.
The County should be seen as an exemplary employer where anyone would be
happy to work because we offer a welcoming environment where everyone is
treated with respect and dignity by supervisors and coworkers. Our recruitment
and hiring practices should be, and be perceived as, open and fair and accessible
to all members of our community.
"To help us achieve this, I have asked Legislator Leslyn
McBean-Clairborne to form a Workforce Diversity and Inclusion Committee made
up of Legislators, county staff, and community members with a background
and experience in this area. That committee held its first meeting last Friday.
I have also appointed an internal Diversity Communications Team to help us
stay coordinated as we tackle this important work.
"The County’s renewed awareness and sensitivity to diversity
issues has already had an impact on our hiring process, and will have a larger
impact as we move forward. As a budgetary control measure, the County has
in place a committee review process for all positions that are filled. We
have added to this process questions about opportunities and actions for
diversity recruitment each time a position is brought forward. This is an
interim step that will evolve as we learn more about methods for building
a diverse workforce.
"The charge to the Workforce Diversity and Inclusion Committee
is to develop a practical and effective Workforce Diversity Plan and to guide
the County in implementing that plan. The plan can only be effective if it
is part of a collaborative and community-wide effort. I ask all of you to
join me in being a part of this effort by making sure that we not only support
diversity but that we understand why it is important. We’re entering a phase
of heightened awareness, education, and change that will be beneficial to
every one of us, and that will strengthen County government and the communities
we serve".
Mr. Joseph reported on a NYSAC-sponsored Medicaid rally
recently held in Elmira, New York, and stated it was one of the most organized
NYSAC rallies he has attended. There were over 200 people in attendance,
which included representation from 15 New York State counties and someone
from each county spoke. Mr. Joseph said two rallies will take place
tomorrow; one will be in Syracuse and the other in Utica.
Chair's Appointment(s)
Mr. Joseph made no appointments.
Mrs. McBean-Clairborne stated the Workforce Diversity
and Inclusion Committee is made up of a group of individuals who are extremely
talented and knowledgeable in this arena. She said she is very appreciative
of the amount of time they are putting into this effort. Mrs. McBean-Clairborne
said anyone is welcome to attend meetings. The next meeting will be
held on March 23 at 3 p.m.
Report from the County Administrator
Mr. Whicher reported on the Highway Manager position and
stated it has been determined that the current job description is not a perfect
match for what Tompkins County needs and a decision has been made not to
move forward with this until the job description has been redefined.
Report from the County Attorney
Mr. Wood had no report.
Report from the Finance Director
Mr. Squires reported the County received a response on
its February 24 bid offering at a rate of 3.856%. He said this is one
of the lowest rates we have received on a straight bond; he had expected
4.25 percent. There was one bidder. He noted the purchaser of
the bond chose to buy insurance for a cost of approximately $12,000, which
raises his curiosity given the County's AA2 bond rating. He said only
one other county in New York State has a bond rating higher than Tompkins
County. He also reported the County sold $11 million in bond anticipation
notes, at 2.42 percent; he had expected 2.5 percent. There were six
bidders.
Mr. Squires said one of the County's major tax delinquencies
is attributed to a nursing home which may be moving to the liquidation stage
of bankruptcy and he will keep the Legislature informed.
Addition of Resolution(s) to the Agenda
There were no resolution(s) added to the agenda.
Withdrawal of Resolution(s) from the Agenda
There were no resolution(s) withdrawn from the agenda.
Approval of Resolution(s) and Appointment(s) Under the Consent Agenda
It was MOVED by Mr. Proto, seconded by Mrs. McBean-Clairborne,
and unanimously adopted by voice vote by members present, to approve the
following resolution(s) Under the Consent Agenda:
RESOLUTION NO. 34 - AUTHORIZING SUBMITTAL OF 2005 SMALL CITIES COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM APPLICATION TO CONTINUE THE TOMPKINS COUNTY
HOMEOWNERSHIP PROGRAM (VII)
MOVED by Mr. Proto, seconded by Mrs. McBean-Clairborne,
and unanimously adopted by voice vote by members present, under the Consent
Agenda.
WHEREAS, Tompkins County has completed a process of investigation
in its community to determine community development needs for the current
year, and
WHEREAS, the Small Cities Community Development Block
Grant (CDBG) program is an important source of funding to address community
development objectives in the County, and
WHEREAS, the Tompkins County Homeownership Program has been funded through
six separate CDBG grants since 1993, and has proven to be very successful
in meeting an important community development need in the County, now therefore
be it
RESOLVED, on recommendation of the Planning, Development
and Environmental Quality Committee, That Tompkins County is hereby authorized
to apply for funding in the 2005 round of Small Cities CDBG funding for the
Tompkins County Homeownership Program (VII),
RESOLVED, further, That the County Administrator or his designee
be authorized to sign all documents related to the submission of the Small
Cities CDBG application and any materials required by the Governor’s Office
for Small Cities.
SEQR ACTION: TYPE II-20
________________
RESOLUTION NO. 35 - AMENDMENT OF RESOLUTION NO. 269 OF 2004 - DELEGATION
OF AUTHORITY TO AUTHORIZE CERTAIN TAX AND SOLID WASTE FEE REFUNDS UNDER $500
MOVED by Mr. Proto, seconded by Mrs. McBean-Clairborne,
and unanimously adopted by voice vote by members present, under the Consent
Agenda.
WHEREAS, the County Administrator is required to transmit
reports of all the refunds processed on a monthly basis, and
WHEREAS, the Budget and Capital Committee requests the
reports be prepared on a quarterly basis rather than monthly, now therefore
be it
RESOLVED, on recommendation of the Budget and Capital
Committee, That the County Administrator shall transmit on a quarterly basis
a report of all the refunds processed to the appropriate program committee
of the Legislature,
RESOLVED, further, That this resolution shall only be in effect during the calendar year 2005.
SEQR ACTION: TYPE II-20
____________________
RESOLUTION NO. 36 - AUTHORIZATION OF NEW YORK STATE DEDICATED TRANSPORTATION
TRUST FUND CAPITAL PROJECT SUPPLEMENTAL AGREEMENT #8 - TCAT
MOVED by Mr. Proto, seconded by Mrs. McBean-Clairborne,
and unanimously adopted by voice vote by members present, under the Consent
Agenda.
WHEREAS, pursuant to State Finance Law Section 89-c, the New York
State Legislature authorizes mass transportation grants for capital projects
that are funded with 10 percent up to 100 percent state funding, and
WHEREAS, Tompkins County executed a Master Agreement with the New
York State Department of Transportation to simplify the process of State
reimbursement of expenses for transit capital projects (County Resolution
No. 196 of 1999), and
WHEREAS, Tompkins County serves as the applicant for New York State
Department of Transportation funds on behalf of Tompkins Consolidated Area
Transit, Inc. (TCAT) (County Resolution No. 281 of 2004), and
WHEREAS, the New York State Department of Transportation has authorized
Supplemental Agreement #8 for $135,397 in state funds to fund FY 2004 capital
projects by TCAT, now therefore be it
RESOLVED, on recommendation of the Budget and Capital Committee, That
the Tompkins County Legislature authorizes Supplemental Agreement #8 of the
Master Agreement for New York State Dedicated Transportation Trust Funds
in an amount not to exceed $135,397.
SEQR ACTION: TYPE II-20
______________________
RESOLUTION NO. 37 - AUTHORIZING ACCEPTANCE OF A FEDERAL AVIATION ADMINISTRATION
(FAA) GRANT TO ACQUIRE FRICTION MEASURING EQUIPMENT; PERFORM AN ENVIRONMENTAL
ASSESSMENT FOR OBSTRUCTION REMOVAL; AND PERFORM AN ENGINEERING DESIGN TO
RELOCATE THE PARALLEL TAXIWAY (PHASE III) - ITHACA TOMPKINS REGIONAL AIRPORT
MOVED by Mr. Proto, seconded by Mrs. McBean-Clairborne,
and unanimously adopted by voice vote by members present, under the Consent
Agenda.
WHEREAS, the Federal Aviation Administration
(FAA) has made an offer to participate in the funding of the acquisition
of friction measuring equipment, performing the environmental assessment
for obstruction removal, and designing Phase III of the parallel taxiway
relocation, and
WHEREAS, these projects are part
of the ongoing airport equipment upgrades and Master Plan improvements, and
WHEREAS, the County has received
a federal grant offer of $527,750 to accomplish these improvements, with
the estimated costs being:
FAA Share
(95.0%) Account No. HT 5601.44592
$527,750.00
NYSDOT Share ( 2.5%)
Account No. HT 5601.43592 $ 13,888.00
Local Share
( 2.5%) Account No. HT 5601.45031
$ 13,889.00
Total
$555,527.00
Friction Measuring Device - $ 45,000
Environmental Assessment for Obstruction Removal $300,000
Design of Parallel Taxiway Relocation (Phase III) $210,527
, now therefore be it
RESOLVED, on recommendation
of the Facilities and Infrastructure Committee, That the grant offer from
the FAA of $527,750 be and hereby is accepted and that the County Administrator
is authorized to execute the required documents.
SEQR ACTION: TYPE II-20
_______________________
RESOLUTION NO. 38 - AUTHORIZATION TO ENTER INTO A CONTRACT WITH JOHNSON
CONTROLS, INC., FOR PROFESSIONAL SERVICES - ENERGY PERFORMANCE CONTRACT
– ENERGY IMPROVEMENTS FOR COUNTY BUILDINGS
MOVED by Mr. Proto, seconded by Mrs. McBean-Clairborne,
and unanimously adopted by voice vote by members present, under the Consent
Agenda.
WHEREAS, the County of Tompkins has approved a 2005 Capital
Project for energy efficiency improvements to County buildings, and
WHEREAS, on August 6, 2002, the Tompkins County Legislature
adopted Resolution No. 191 establishing the following reduction target: Tompkins
County will, by 2008, reduce its emissions of greenhouse gases generated
by county operations by 20 percent compared to its base year of 1998, and
WHEREAS, the Facilities Division has worked with Johnson Controls,
Inc. of Syracuse, NY, during early 2004 to perform a preliminary assessment
of all County buildings with the purpose of identifying energy conservation
measures aimed at reducing energy consumption and greenhouse gas emissions,
and
WHEREAS, on May 11, 2004, the Facilities and Infrastructure
Committee authorized moving forward with Johnson Controls, Inc., to perform
a detailed energy study and executed a Project Development Agreement on July
8, 2004, and
WHEREAS, Johnson Controls, Inc., has completed a detailed energy study
and presented a Scope of Work and Services schedule for the implementation
of various energy improvement measures in many County buildings that will
result in guaranteed energy savings, and
WHEREAS, the original capital project was estimated at $3.5
million and now after completion of the detailed study phase the current
project cost is $2.27 million, (which includes $10,000 in County costs) now
therefore be it
RESOLVED, on recommendation of the Facilities and Infrastructure
Committee, That the scope of work and services as reflected in the Energy
Performance Contract agreement dated February 9, 2005, that will allow the
project to move forward expeditiously and remain within budgetary limits
is hereby accepted,
RESOLVED, further, That the Tompkins County Administrator is
authorized to execute a contract between Johnson Controls, Inc., and Tompkins
County in the amount of $2.26 million dollars to perform the services identified
in the Energy Performance Contract agreement and to execute change orders
of up to five (5) percent of the contract total,
RESOLVED, further, That the Facilities Division be authorized
to implement this contract on behalf of the County, funds being available
in Capital Account No. HB1601.16.28.
SEQR ACTION: TYPE II-20
_____________________
Appointments
It was Moved by Mr. Proto, seconded by Mrs. McBean-Clairborne,
and unanimously adopted by voice vote by members present, to approve the
following appointment(s) under the Consent Agenda:
Library Board of Trustees
Leonardo Vargas-Mendez - term expires December 31, 2005
Gary Ferguson - term expires December 31, 2007
Nathan Fawcett - term expires December 31, 2007
Report from the Planning, Development and Environmental Quality Committee
Ms. Herrera, Chair, reported the Committee will meet tomorrow
at 2:30 p.m. At that meeting the Committee will discuss funding for
the Small Cities Community Development Block Grant Program and will hear
a report from the Environmental Management Council on open burning.
Other items on the agenda include discussion of the Planning Department's
2005 Work Plan and a report from the Agricultural and Farmland Protection
Board on adding parcels to Agricultural Districts one and two.
Ms. Herrera announced a special Committee meeting will be held on April 13.
Report from the Budget and Capital Committee
Mr. Koplinka-Loehr, Chair, reported the Committee met
on February 22 and considered requests to fill positions; some were approved
and some were postponed to the next meeting. The Committee reviewed
2005 goals and also reviewed a draft document about what kinds of questions
should be communicated to department heads about diversity. Mr.
Koplinka-Loehr announced the tentative date for the Budget Retreat is April
28th from 6 p.m. to 9 p.m. in the 6th floor conference room of the Mental
Health Services Building.
Mr. Proto announced Joe Turcotte has been named the new
General Manager of TCAT, Inc., and he begins employment today.
Report on the Strategic Planning Process
Mr. Koplinka-Loehr reported this Friday Legislators will
have folders in mailboxes containing a summary of all meetings and suggestions
about key directions for the next three to five years.
Report from the Government Operations Committee
Mr. Lane, Chair, reported the Committee met on February
16 and heard from Janet Steiner, Public Library Director, about the Library's
efforts to survey its customer base and look at the services being provided.
Mr. Lane said the Library is also pursing an effort to obtain additional
funding, and that there is no question that the resources Tompkins County
has been able to provide to the Library over the last three years have been
restricted. The Library will now be looking at going on the school
district ballots for the Ithaca City School District and Lansing School District
where the majority of their customers are located. The Library
would then only receive funding if the voters in those districts approve.
He said the Library will also be asking that if they do receive additional
funding that the County commit to not cutting any existing funding.
The Committee also spent time discussing assessment and
possible exemptions that might exist that people are not taking advantage
of and whether unreimbursed medical expenses should be considered when doing
calculations for senior citizens exemptions. The County Attorney
was asked to come to the next meeting with proposals for the Committee to
consider. The next meeting will be March 8th; items that
will be discussed include the financial disclosure forms and the Code of
Ethics.
Report from the Public Safety Committee
Mrs. McBean-Clairborne, Chair, reported the Committee will meet on March 3 at 2 p.m.
Report from the Facilities and Infrastructure Committee
Mr. Penniman, Chair, reported the Committee met on February
17 and received a report on the open-burning issue and also heard a report
from the Air Services Committee that was created this year. There was
also discussion about highway accident data and best ways to collect and
use information about critical areas of the County.
Report from the Space Needs and Location Committee
Mr. Proto, Chair, reported the Committee met on February
23 with various department heads to clear up some miscommunication that existed.
At this time the Committee is waiting for written reports and comments on
the status of the plan. The next meeting will be held on March 9 at
the Human Services Building; a tour will be conducted at 1:30 p.m. with the
meeting to begin at 2:30 p.m. He said the second half of the meeting
was dedicated to discussion of the Health Department and a review of potential
sites to study in more depth. Mr. Proto said the Committee reduced
the number of sites to two new sites plus the present site. He expects the
Committee's report to be completed in June.
Ms. Robertson asked that written comments and actions of the Plan be sent to all Legislators.
Report from the Health and Human Services Committee
Ms. Robertson, Chair, reported the Committee has not met
since the last Legislature meeting. The next meeting will be tomorrow
at 10 a.m. At that meeting the Committee will hear a report from Lisa
Horn of the United Way and will also hear from departments on State and Federal
budget impacts.
Recess
Mr. Joseph declared recess from 6:35 p.m. to 6:40 p.m.
Executive Session
It was MOVED by Mr. Penniman, seconded by Ms. Robertson,
and unanimously adopted by voice vote by members present, to enter into executive
session at 6:40 p.m. to discuss a personnel matter. The meeting returned
to open session at 7:45 p.m.
Adjournment
On motion the meeting adjourned at 7:45 p.m.
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