Tompkins County Legislature
Regular Meeting
March 15, 2005 - 5:30 p.m.
Legislature Chambers
Public Hearing - Concerning the Addition of Parcels to Agricultural
Districts No. 1 (East side of Cayuga Lake) and No. 2 (West Side of Cayuga
Lake)
Mr. Joseph called the public hearing to order at 5:30
p.m. No one wished to speak and the public hearing was closed 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: 14 Legislators (Ms. Blanchard arrived at
5:45 p.m.). Excused - 1 (Legislator Totman).
Privilege of the Floor by the Public
No member of the public wished to speak.
Privilege of the Floor by Legislators
Mr. Winch, District No. 8 Legislator, made the following statement:
"My friends in TV land and my colleagues on the Legislature……….
"March, the third month of the year, has many slogans
that usher it in, move through the month and usher it out. Weathermen
say “sometimes it comes in like a lion, and goes out (hopefully) like a lamb”.
After a long and sometimes grueling basketball season, you hear about championships:
“The Sweet 16”, “The Final Four” and ultimately “The Big Dance”.
"Many of you have followed the Newfield Basketball Team
in the Ithaca Journal. Hopefully many of you in TV land have seen the IAC,
a league of rural school districts compete this season with high hopes of
moving on to playoffs at the end of the season, and ultimately to end up
in Glens Falls.
"Newfield’s Coach Duane Barrett took his Varsity Team
to Glens Falls to compete for the Class D state championship. Although
they did not win the State Championship, there are no losers in Glens Falls.
It is a real honor to make it to Glens Falls and Newfield did it, ending
their season with 22 wins and 3 losses. As a point of information,
Coach Barrett was on the 1986 team that was the first IAC team to make it
to Glens Falls in any class size for the final game. Newfield may be
a Class D in size, but they are Class A in action and in Town of Newfield
support. I wish to thank all of the IAC schools that supported their
league and Newfield as well.
"My goal tonight is to tell you a little more about the
team and how programs cross over to other programs at Newfield School.
The team is comprised of 4 seniors, 8 juniors and 4 sophomores. Sometimes
a few sophomores move up during end-of-the-year playoffs.
"Of the four seniors, three have college acceptances with
more pending as it is early for that process. One senior spent two
weeks in a Costa Rican Immersion Program, using his Spanish language skills
and experiencing the culture and life in Costa Rica, living with a Costa
Rican family.
"More about the team…..at one point in time there were
eight players on the Honor Roll, but that slipped to five somewhat due to
the pressures of the playoffs. Other honors: one player was Student
of the Month; one player placed second in a Chemung County History Competition
and will move on to a statewide competition. There are four players
that are members of the National Honor Society and three players are members
of the Student Council.
"Involvement in Arts Programs: I found that four
players are in an upcoming musical “The Wizard of Oz”, and eight players
are in chorus or band.
"In a small rural school such as Newfield, there are several
mentoring programs. Perhaps you saw photos in the Journal of the Varsity
Team working with elementary school basketball players teaching them basic
skills of the game. There are other mentoring programs where high school
students work with elementary school children on their academic and arts
programs. The young look up to the high school students, and hopefully
the high school students see what it is like to be a teacher – maybe a future
goal.
"In Newfield we have a Fine Arts Booster Club that assists
with funding of those programs. The Newfield Athletic Booster Club
works with the Administration to fund several programs. It is my understanding
that they funded the use of a coach-type bus to transport the players and
cheerleaders to Glens Falls. They also helped with the cost of rooms
and some meals. One of their goals is to anonymously pay for personal
athletic equipment for under privileged youth.
"All of these programs take many adult volunteers, many
money-making events and a very supportive community. That is Newfield.
"In summary, thank you Coach Barrett and the Newfield Boys’ Basketball Team for the exciting season.
"Also I wish to thank Sue France, High School Principal,
for helping me collect the data that I used tonight."
Mr. Lane, District No. 14 Legislator, spoke of the recent
lawsuit filed by the Onondaga Nation vs. New York State. He reported
they are asking for a declaration that a large portion of land in the State
belongs to the nation, not the present landowners. Three towns in Tompkins
County would be affected: Dryden, Caroline, and Groton. He noted
all Legislators received letters notifying them of the intent of the Onondaga
Nation, making reference to the unsuccessful negotiations with the State
and concerns of environmental degradation. Mr. Lane said while concern
for the environment is laudable this situation creates a hardship on property
owners due to clouded titles, difficulty in selling properties, and the requirement
of additional title insurance which could add hundreds of dollars.
Mr. Lane hopes the lawsuit is a negotiation strategy to obtain what is outlined
in the letter, the clean up of Onondaga Lake. In addition, Mr. Lane
spoke of his concern of purchases of land by Native Americans that then become
part of the reservations and would not be subject to zoning or taxation.
He asked that the County Attorney review this matter and advise the Legislature
of the potential outcomes.
Mrs. McBean-Clairborne, District No. 2 Legislator, spoke
of the Sisterhood event on March 29th at the Women's Community Building to
celebrate Women's History Month. Numerous organizations have come together
to plan the event to celebrate that will include lunch and a variety of performances.
Ms. Blanchard arrived at this time.
Ms. Robertson, District No. 13 Legislator, spoke of United
States Senator Schumer's website that provides a comparison of Social Security
benefits as they currently are versus the Presidential proposal. She
also reported on the recent Bioterrorism report presented at the Health and
Human Services Committee, noting the website www.tompkins-co.org/tompkinsready
site provides a wealth of information for families on emergency preparedness.
Ms. Robertson said in the first six weeks of the TompkinsRx program a total
savings of $16,900 on 1,100 prescriptions has occurred.
Ms. Schuler, District No. 4 Legislator, said we are fortunate
to have a number of theatre producing venues in Tompkins County. The
current play at the Kitchen Theatre is the "Siringa Tree" a one women show
playing 26 characters age 6-86. It takes place in South Africa during
the 1960's. She then reported the Campus Community Coalition has initiated
the campaign "Think before you Drop Trash on the Street".
Mr. Koplinka-Loehr, District No. 11 Legislator, announced
the Offender Aid and Restoration Annual meeting will be held on April 11th.
There are many events that have been coordinated for that day that will include
a visit by Judge Kruger from New York City. Early in the day there
will be an Integrated Domestic Violence Court meeting, followed by a Magistrates
Association meeting, and the OAR annual meeting will take place in the evening.
He said he hopes all Legislators will participate and will place a copy of
the schedule in all mailboxes.
Ms. Kiefer, District No. 10 Legislator, provided the Legislature
with an update on hazards of mercury and reported that today the Environmental
Protection Agency announced the United States is going to reduce emissions
of mercury in power plant emissions. She said this appears to be good
news; however, it accomplishes much less than would happen if the Clean Air
Act that is already on the books was implemented. She also stated that
once again the United States is refusing to join the international community
in a worldwide initiative to reduce mercury.
Ms. Robertson, District No. 13 Legislator, announced a
program featuring a panel discussion and small group workshops that will
focus on the 2005 New York State budget will be held on March 20th at the
Unitarian Church. The program is entitled "Who Pays, Who Profits".
Report from Municipal Official(s)
Hon. Donald Barber, Town of Caroline Supervisor, spoke
concerning the resolution entitled Authorizing the County Administrator to
Enter into an Agreement for Legal, Environmental Impact Statement and State
Environmental Quality Review Compliance Services for the Public Safety Communication
System Capital Project. He reminded the Legislature that there are
already two siting processes going on for communication towers; one in the
Town of Lansing and the other in the Town of Ithaca.
Mr. Barber spoke of the process of involving municipalities
in the communication towers siting process. He said he received a letter
from Chair Joseph in June 2003 in which Mr. Joseph stated he was committed
to searching for mutually acceptable solutions to specific problems and issues
instead of engaging in struggles over who has the final authority.
Mr. Barber said he, too, is committed to the process defined in the Town's
Local Law No. 2 of 1998 for the siting of towers and he is also committed
to creation of the County's communication system. He said the success
of this depends on regular and open communication.
Mr. Barber stated to date, he has only had cursory overviews
of the proposed system and no one has come to the Town of Caroline to specifically
talk about the County's proposal. He said this lack of communication will
lead to misunderstanding, bad feelings, and possible litigation. He
said the County has already been siting a tower in the Town of Lansing and
is also working on one in the Town of Ithaca and from he understands it is
going very smoothly. Mr. Barber urged the Legislature to work with
the municipalities and to have open communication on this and other issues.
He suggested that town supervisors or highway superintendents be invited
to meetings, receive advance notice of what the agenda topics will be, and
that dialogue be kept open.
Mr. Whicher, County Administrator, said the County has
not approached any of the towns at this point because only a theoretical
design exists and not a specific proposal from Motorola. He said the
County is in the process of developing a preferred alternative.
Mr. Barber questioned why the County is performing an
Environmental Impact Study on a theory. Mr. Joseph clarified that the
resolution only appropriates money to do the study because the County will
have to do it once specific sites are identified. Mr. Barber asked
why the County does not communicate with the towns before entering into a
contract in case there may be ways to reduce expenses. Mr. Whicher
said the County can have discussions with municipalities; however, if the
towns are proposing to be the Lead Agency, the County couldn’t allow that
due to legal implications. He agreed that the process used in the Village
of Lansing and the Town of Ithaca did work exceptionally well and was a very
good experience for everyone involved in government. Mr. Whicher said
this is one of the largest and most important projects the County has worked
on and needs to have all information, including what the preferred alternative
is before discussions begin. Mr. Barber reiterated that the towns are
ready and willing to speak to the County.
Ms. Robertson spoke of the County-initiated intermunicipal
meetings that have taken place for approximately a year and at which all
municipal leaders are invited to discuss a number of issues. She said
at the last meeting a subcommittee was established to discuss road patrol
and asked if Mr. Barber knew the status of those meetings. Mr. Barber
responded that the group is meeting; however, there are other projects, such
as highway projects, where more communication is needed. Ms.
Robertson said all agendas and minutes are available through the Clerk of
the Legislature in advance of the meeting.
Hon. Catherine Valentino, Ithaca Town Supervisor, spoke
of the communications project and said all municipalities are anxious to
see the project reach completion. They feel this project is extremely
important to the community and municipal leaders are willing to work with
the County to see that the project gets expedited in a timely and cost-effective
manner. She spoke of the proposal being considered by this Legislature
to hire a consultant and said she feels that may be premature. She
said the sites in the Town of Ithaca and Village of Lansing are done and
went very smoothly and there are four that are rebuilds and another four
sites that have to be given additional thought. She said it is her
understanding that the County did a positive declaration on this which means
the full environmental review has to be done.
Ms. Valentino suggested that the following questions be asked:
was a determination made as to where the environmentally sensitive areas
are, what is the County’s vision for what possible mediation might be for
those sites, and how much of the technology on the project is actually done.
If the County moves forward from there she would then ask how much of the
work can the County’s professional Planning staff do to save money and could
the County work with the municipalities to reduce those costs. She
said she has spoken to the Town of Ithaca’s Planning staff who has experience
performing environmental reviews, and they would be willing to work together
at no cost to the County. She distributed information on the
Town of Ithaca’s experience with this process.
Ms. Valentino also spoke regarding a proposal on the agenda to expend
funds for negotiations training with the Cornell University Labor and Industrial
Relations School and asked that the Legislature reconsider spending these
funds on this. She said she has experience working with that School
and would be willing to share information relating to her experience.
Mr. Proto addressed the comments pertaining to open communication
and said most Legislators attend at least one town board meeting each month.
He said communication needs to be a two-way street and suggested that County
staff use Legislators to communicate with municipalities. He said it
is also incumbent for supervisors to communicate with their Legislators as
well. Mr. Proto challenged Chair Joseph to maintain open communication
with all municipalities.
Mr. Whicher clarified that the project under discussion is a communications
project and should not be referred to as a towers project.
Presentation of Resolution by the Public Safety Committee
RESOLUTION NO. 39 - IN RECOGNITION OF KIRK MUDGE AND MONRO
MOVED by Mrs. McBean-Clairborne, seconded by Mr. Proto,
and unanimously adopted by voice vote by members present.
WHEREAS, Kirk Mudge, Store Manager for Monro Muffler/Brake & Service,
supports efforts to curb drinking and driving, and
WHEREAS, Kirk Mudge and Monro Muffler/Brake & Service donated
coupon booklets, valued at over $250 in savings, and sold these coupons at
store locations in Ithaca, Lansing, and Cortland, and
WHEREAS, one hundred percent of the proceeds of the sales of the coupon
booklets benefited the Tompkins County STOP-DWI Program, and
WHEREAS, this fundraising program resulted in $600 in donations to the Tompkins County STOP-DWI Program, and
WHEREAS, the STOP-DWI Advisory Board adopted a similar resolution of recognition, now therefore be it
RESOLVED, on recommendation of the Pubic Safety Committee, That Tompkins
County commends Kirk Mudge and Monro Muffler/Brake & Service for their
support of the STOP-DWI Program.
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Chair’s Report and Appointment(s)
Mr. Joseph said all Legislators should have received a
letter regarding the land claims by the Onondaga Nation in which it was stated
they would like to send a representative to meet with each community.
Mr. Joseph said he will be following-up on this and will arrange a forum
for a representative from the Onondaga Nation to talk to community members.
Mr. Proto said each Legislator received a printout of the land claim and
asked if it would be possible to have a meeting in each of the affected townships?
Mr. Joseph said he will consider it, but cannot commit them to attend several
separate meetings.
Appointment
Mr. Joseph made the following appointment:
Workforce Investment Board
Diane Rogers - Business representative; term expires June 30, 2007
Distinguished Youth Award
Mr. Joseph announced that the Distinguished Youth Award
presentation was planned for this evening; however, Mr. Totman became ill
earlier this evening and had to be excused. He said public announcements
of the award will be heard; however, the actual presentation will take place
at the next meeting.
Report from the County Administrator
Mr. Whicher reported a Cornell intern will begin on March
29th and will be working with Administration on the budget process.
Mr. Whicher said there will be an office reconfiguration taking place in
the Old Jail as an agreement has been reached between County Administration
and the County Attorney’s Office to exchange space. He also reported
on the State Budget process and said it appears close to being adopted.
Report from the County Attorney
Mr. Wood said a few months ago this Legislature authorized
him to retain an attorney to bring an action against drug companies on a
Medicaid fraud claim. He is currently reviewing the complaint and expects
it to be filed in the near future. He also provided the Legislature
with a status report on the Lakeside Nursing bankruptcy case. A motion
has been made by an administrator to determine the exact amount of owed taxes,
which the County claims is $700,000. A second motion by a different
creditor has been made to force liquidation of the Lakeside Nursing Home.
He said these matters raise issues in terms of what the County would get
paid and what would happen to the residents.
Report from the Finance Director
Mr. Squires reported on a bankruptcy case in the Town
of Enfield for the Willowwood property. This property has been protected
by bankruptcy since 1992 and was recently discharged. He said the property
was liquidated and the County received $88,000.
Approval of Resolution(s) and Appointment(s) Consent Agenda
It was MOVED by Mr. Booth, seconded by Ms. Blanchard,
and unanimously adopted by voice vote by members present.
RESOLUTION NO. 40 - URGING UNITED STATES SENATORS
AND REPRESENTATIVES TO RESTORE COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING
TO THE 2006 FEDERAL BUDGET
MOVED by Mr. Booth, seconded by Ms. Blanchard, and unanimously
adopted by voice vote by members present, under the Consent Agenda.
WHEREAS, President Bush is seeking the most sweeping reorganization
of federal economic and community development programs in more than three
decades, along with substantial cuts in program funding, and
WHEREAS, President Bush’s proposal, the “Strengthening
America’s Communities Initiative,” would consolidate eighteen existing programs
from across five Cabinet departments into a single program, to be administered
by the Department of Commerce, and
WHEREAS, in fiscal 2005, these programs received more than $5.66
billion in funding and the president is asking for $3.71 billion for fiscal
2006 for the new consolidated program, some 34.5 percent less than existing
funding levels, and
WHEREAS, Housing and Urban Development’s (HUD) Community
Development Block Grant (CDBG) program would be the largest program consolidated
into the president’s new community development initiative, and
WHEREAS, the budget does request $3.71 billion for the
new “Strengthening America’s Communities Initiative,” which would be administered
by the Department of Commerce, but this figure includes consolidation of
CDBG and seventeen other programs, and
WHEREAS, the budget also suggests that the CDBG program
target resources only to communities that need assistance based on poverty,
job loss, and unemployment, and
WHEREAS, depending on how those factors are applied to
determine eligibility, New York State could lose significant amounts of Federal
funding under this new plan, and
WHEREAS, since 1991 Tompkins County has received over
$10,130,000 in CDBG funding for housing rehabilitation, first-time homebuyer,
and economic development projects, and
WHEREAS, since 1993, Tompkins County has used $3.9 million
in CDBG funds and leveraged $10.5 million from local lenders to assist two-hundred
first-time homebuyers, and
WHEREAS, single family home prices have increased dramatically
in the last four years, while family incomes have not nearly kept pace with
the increase, making affordable housing an urgent and growing need, and
WHEREAS, Tompkins County would not be able to continue
this much needed program if CDBG funding were cut, now therefore be it
RESOLVED, on recommendation of the Planning, Development,
and Environmental Quality Committee, That the Tompkins County Legislature
urges United States Senate and Congressional representatives to restore community-development-block-grant
funding at 2004 annual levels to the 2006 Federal budget,
RESOLVED, further, That the CDBG program should continue to be administered
by the United States Department of Housing and Urban Development.
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RESOLUTION NO. 41 - ADDING PARCELS TO AGRICULTURAL DISTRICTS NO.
1 (EAST SIDE OF CAYUGA LAKE) AND NO. 2 (WEST SIDE OF CAYUGA LAKE)
MOVED by Mr. Booth, seconded by Ms. Blanchard, and unanimously
adopted by voice vote by members present, under the Consent Agenda.
WHEREAS, Resolution No. 25 of 2004 designated November
as an annual review period when landowner proposals for inclusion of viable
agricultural lands within existing certified agricultural districts will
be accepted for review and action by the Tompkins County Legislature, and
WHEREAS, nine landowners have requested addition of parcels
totaling 409.53 acres to Tompkins County Agricultural District 1 and one
landowner has requested addition of parcels totaling 5.63 acres to Tompkins
County Agricultural District 2, and
WHEREAS, these requests have been reviewed and recommended
for approval by the Agricultural and Farmland Protection Board and the Planning
Advisory Board, and
WHEREAS, the County Legislature held the required public hearing on such proposals on March 15, 2005, and
WHEREAS, the County Legislature is required to act on such proposals
within 120 days under New York State Agriculture District Law, now therefore
be it
RESOLVED, on recommendation of the Planning, Development and
Environmental Quality Committee, That approval is granted for the requested
additions to the Agriculture Districts of Tompkins County, as specified in
the Explanatory Note below.
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Explanatory Note: New total acreage of District
1: 102,219 acres; New total acreage of District 2: 65,594 acres
Owners of these parcels have requested they be added to the Ag Districts:
Town SWSS
Parcel
Acres
Agricultural District
Caroline 502000
18.-1-52.2 68.53
1
502000
29.-1-13.52
4.02
1
Dryden 502489
51.-1-20.52
92.83
1
502489
65.-1-1.2
32.67
1
502489
49.-1-23
.72
1
502489
49.-1-25.3
5.99
1
502489
40.-1-3.32
24.33
1
502489
44.-1-3.42
37.78
1
502489
31.-1-10
15.66
1
502489
39.-1-23
21.00
1
Lansing Vill 503201 42.1.-1-21
18.14
1
Lansing 503289
42.-1-21
87.86
1
Ithaca 503089
33.-1-7.1
2.53
2
503089
33.-1-6
3.10
2
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RESOLUTION NO. 42 - AMENDMENT OF RESOLUTION NO. 259 OF 2004 - DELEGATION
OF AUTHORITY TO AUTHORIZE CERTAIN TAX ROLL CORRECTIONS AND TAX REFUNDS UNDER $2500
MOVED by Mr. Booth, seconded by Ms. Blanchard, and unanimously
adopted by voice vote by members present, under the Consent Agenda.
WHEREAS, the County Administrator is required to transmit
reports of all corrections and refunds processed on a monthly basis, and
WHEREAS, the Government Operations Committee requests
the reports be prepared on a quarterly basis rather than monthly, now therefore
be it
RESOLVED, on recommendation of the Government Operations
Committee, That the County Administrator shall transmit a report on a quarterly
basis of all the corrections and 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.
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RESOLUTION NO. 43 - AUTHORIZATION TO ACCEPT AN AWARD OF A GRANT FROM
THE NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES
MOVED by Mr. Booth, seconded by Ms. Blanchard, and unanimously
adopted by voice vote by members present, under the Consent Agenda.
WHEREAS, the Probation Director has been notified of a
grant award from the New York State Division of Criminal Justice Services
in the amount of $35,600 and referred to as the STOP grant, and
WHEREAS, the STOP grant represents a collaborative effort between
Tompkins County, Cayuga Medical Center, The Advocacy Center of Tompkins County,
and Cornell University Police Department, and will fund the Sexual Assault
Nurse Examiner (SANE) program, Self-Defense Training, and a lock-change program
for victims of domestic violence and sexual assault, now therefore be it
RESOLVED, on recommendation of the Public Safety Committee,
That the County Administrator or his designee execute all contracts related
to this award,
RESOLVED, further, That the Director of Finance is directed
to make the following adjustments to his books for 2005:
BUDGET ADJUSTMENT
Revenue
A3994.43389
State Aid
$35,600
Appropriation A3994.51000754
Admin Svc Coord $ 4,000
A3994.58800
Fringes
$ 1,560
A3994.54442
Professional Services $30,040
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Appointment(s)
It was MOVED by Mr. Booth, seconded by Ms. Blanchard,
and unanimously adopted by voice vote by members present, to approve the
following appointment(s) under the Consent Agenda:
Criminal Justice Advisory/Alternatives to Incarceration Board
Martha Robertson - County Legislator
STOP-DWI Advisory Board
Sonja Seamon - Restaurant, Tavern and Hotel Owner's Association; term expires December 31, 2007
Agricultural and Farmland Protection Board
Richard A. Ehrhardt - Farmer Representative; term expires December 31, 2008
Strategic Tourism Planning Board
Ramsey Brous - Restaurant Representative; term expires December 31, 2007
Fish and Wildlife Management Board
Duane T. Randall II - Sportsman Representative; term expires December 31, 2005
Addition of Resolution(s) to the Agenda
It was MOVED by Ms. Herrera, seconded by Ms. Schuler,
to add the resolution to the agenda entitled Expanding Existing Process for
Approving Position Requests by Departments.
Ms. Herrera said near the end of last year’s budget process
there were some events which led to many discussions by Legislators in executive
session. She believes this body has done a good job of addressing the
situation and is now making efforts to communicate this Legislature’s decision.
She spoke of the process of diversity and spoke of her personal experience
of being from a Mexican-American family that moved into an all-white neighborhood
in the 1950’s. Although her family can find humor in the situation
today, there were some people who had difficulty with this and described
the situation as integration. She said during her years growing up
she encountered a different kind of need for inclusion when she discovered
she was gay. At that time, being gay was neither talked about nor welcomed
and there were some people who were vocal about their feelings. Although
she was not always welcomed, she credits the resiliency of character she
was given by her family, friends, and her faith that allowed her to manage
to thrive in situations where she wasn’t overtly welcomed.
Ms. Herrera feels as a Legislature, it is incumbent that this body
carries forward a spirit of inclusion in everything the County does.
She said this Legislature has learned there is a less-than-inclusive environment
in Tompkins County government, with at least one incident known to have occurred.
She said it is her intention as a Legislator to set policy and to understand
that it is Administration’s responsibility to implement that. She said
this resolution is being brought forward this evening with the greatest respect
for County Administration, department heads, and employees of Tompkins County,
and she hopes it will receive support and enthusiasm by the entire Legislature.
Mrs. McBean-Clairborne stated she has distributed a substitute resolution
and asked for guidance from the Chair on proper protocol. Mr. Joseph
said once the resolution is added to the agenda and placed on the floor for
discussion a substitute resolution could then be offered.
Mr. Booth said he cannot support adoption of this resolution because
he feels there are policy and process issues that need to be addressed.
He also said there needs to be input from County department heads.
A voice vote on the motion to add this resolution to the agenda resulted
as follows: Ayes – 13, Noes – 1 (Legislator Booth); Excused – 1 (Legislator
Totman). MOTION CARRIED.
Withdrawal of Resolution(s) from the Agenda
Chair Joseph gave the appropriate committee chair permission
to withdraw from the agenda the resolution entitled "Authorizing the County
Administrator to Enter into an Agreement for Legal, Environmental Impact
Statement and State Environmental Quality Review Compliance Services for
the Public Safety Communication System Capital Project". The resolution
entitled Expanding Existing Process for Approving Position Requests by Departments
was withdrawn later in the meeting.
Presentation of Individual Member-Filed Resolution(s)
RESOLUTION NO. – EXPANDING EXISITING PROCESS FOR APPROVING POSITION REQUESTS BY DEPARMENTS
MOVED by Ms. Herrera, seconded by Ms. Robertson.
Mrs. McBean-Clairborne said she has prepared a substitute resolution which
reflects comments made by Department Heads. Ms. Herrera not only accepted
the substitute resolution as being friendly, but stated she fully endorses
the revised wording.
Many members of the Legislature expressed concern over
the resolution language and the need for additional information and revision
prior to adoption. Following a lengthy discussion, it was agreed that
there is still committee work to be done and the resolution was WITHDRAWN.
Report from Planning, Development and Environmental Quality Committee
Ms. Herrera, Chair, reported the Committee met on March
3 and discussed many of the resolutions that appeared on the agenda this
evening. The Committee received a presentation from Fred Bonn of the
Convention and Visitor's Bureau. She said Tompkins County is a major
tourism destination and there is a lot of good work being done. The
Committee also received a presentation from the Environmental Management
Council on open burning.
Mr. Proto announced all Legislators are invited to the
"Agstravaganza" to be held on March 26th at the Pyramid Mall.
Ms. Herrera reported the Committee also received an update
from Ed Marx, Planning Commissioner, on the latest developments with the
Department of Transportation relocation project. Mr. Marx said in August,
2003, the County signed a Memorandum of Understanding with New York State
Department of Transportation regarding the process for relocating the maintenance
facility from Ithaca to a site in the Village of Dryden. Since that
time they have been waiting for a response from the attorneys for the DOT
regarding the option of using a public development corporation to undertake
that project on behalf of the DOT. Mr. Marx said a response was received
last week stating that as a result of the Comptroller's opinion and other
public bidding requirements to do this project, it did not appear to be feasible,
so it will now be undertaken by the Department of Transportation. As
a result of that they will be assigning an option the County had acquired
on the property to the State for them to proceed with acquisition to move
the project forward.
RESOLUTION NO. 44 - SUPPORT FOR 2005 QUALITY COMMUNITIES PROGRAM GRANT APPLICATION AND DESIGNATION OF REPRESENTATIVE
MOVED by Ms. Herrera, seconded by Mr. Lane. Mr.
Proto said this resolution gives the impression that it deals with State
forest lands and while some of it does deal with State forest lands, a portion
deals with privately held lands. He asked if Mr. Marx could explain
what process will be used to communicate with the public in these three towns
and, specifically, with the landowners whose land might be identified as
areas involved in the study. Mr. Marx said a large portion of the project
that was submitted for grant application dealt with public outreach and communication
process that involved landowners. A voice vote resulted
as follows: Ayes - 14, Noes - 0, Excused - 1 (Legislator Totman).
RESOLUTION ADOPTED.
WHEREAS, the New York State Department of State administers a grant
program to enhance the opportunities and incentives for innovative community
planning and development of implementation tools and strategies that link
environmental protection, economic prosperity, and community well-being,
and
WHEREAS, Tompkins County and the Towns of Danby, Caroline, and Dryden
are proposing to develop a detailed management and protection plan for the
40,000-acre Forest Lands Focus Area, and
WHEREAS, preparation of a Forest Lands Focus Area plan 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, this project proposal was initiated by the Towns of Danby
and, Caroline, and Dryden expressed interest in this inter-municipal project
to address environmental, recreational, and resource management issues that
cross municipal boundaries, and
WHEREAS, the Tompkins County Comprehensive Plan calls for Tompkins
County to work proactively with towns to cooperatively address regional issues
such as natural resources, and
WHEREAS, Tompkins County will be the lead applicant and the Towns
of Danby, Caroline, and Dryden will be co-applicants for this grant program,
and
WHEREAS, in order to be eligible for this grant program, the applicant
must submit formal resolutions of the governing bodies designating by title
the representatives authorized to act on behalf of that body in all matters
related to this financial assistance, now therefore be it
RESOLVED, on recommendation of the Planning, Development, and Environmental
Quality Committee, That Tompkins County supports the application for 2005
Quality Communities Program Grant funds to prepare the Forest Land Focus
Area conservation and protection plan,
RESOLVED, further, That the County Administrator or his designee shall
act on behalf of Tompkins County in all matters relating to this financial
assistance.
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RESOLUTION NO. 45 - APPROVAL OF CONTRACT FOR ARTS AND CULTURE STABILIZATION - COMMUNITY ARTS PARTNERSHIP
MOVED by Ms. Herrera, seconded by Ms. Schuler. Ms.
Robertson disclosed that she is working with Historic History on fundraising;
therefore, would like to abstain from voting on this resolution. A
voice vote resulted as follows: Ayes - 13, Noes - 0, Excused - 1 (Legislator
Totman); Abstentions - 1 (Legislator Robertson). RESOLUTION ADOPTED.
WHEREAS, Community Arts Partnership (CAP) recognizes that the
local arts and cultural community is a valuable and unique asset, and that
a need exists to harness the power of the arts to develop tourism growth,
and if strategically managed, that would stabilize and develop these assets
to better serve tourists through well-planned marketing efforts, and
WHEREAS, CAP was appointed to create a comprehensive arts
marketing plan and develop and implement a plan for financial and operational
stabilization of arts and cultural entities, and
WHEREAS, the arts and cultural community could better position
itself in the marketplace to attract more visitors to Tompkins County, thus
generating more dollars into the local economy, and
WHEREAS, funding exists within the Room Tax Occupancy budget
for the Arts and Cultural Stabilization Plan program, and
WHEREAS, the Stabilization, Planning, and Development grant
requests of the Arts and Cultural Stabilization Plan for $154,000 have been
reviewed and recommended by the Strategic Tourism Planning Board, now therefore
be it
RESOLVED, on recommendation of the Planning, Development, and
Environmental Quality Committee, That $154,000 be appropriated from the Room
Occupancy Tax Fund as budgeted for 2005 for the Arts and Cultural Stabilization
Grants, and CAP shall then disburse grants as follows:
2004 Amount
2005 Amount
Hangar Theatre……...….………. $ 30,000 $ 30,000
Cayuga Chamber Orchestra…….. $ 20,000 $ 25,000
Kitchen Theatre………………….$ 25,000 $ 25,000
The History Center……..………..$ 20,000 $ 30,000
Historic Ithaca (State Theatre)…. $ 30,000
$ 30,000
Grants Total
$125,000
$140,000
RESOLVED, further, That, of the total program amount of $154,000,
$14,000 (10 percent of 2005 program expenditures) shall be paid to CAP for
administrative evaluation and oversight services,
RESOLVED, further, That the County Administrator or his designee
is authorized to sign any agreements with CAP pertaining to this program
for $154,000 ($140,000 for grants and $14,000 for program administration).
SEQR TYPE: TYPE II-20
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Report from the Budget and Capital Committee
Mr. Koplinka-Loehr, Chair, reported the Committee met
on March 8 and discussed some of the position requests that have been alluded
to during this meeting. The Committee also finalized the budget calendar
for 2005 in preparation of the 2006 budget. He said a tentative report
was provided about very preliminary budget figures; however, those figures
did not include revenue projections. County Administration was asked
to include those projections in the next fiscal target estimate and expects
that to happen prior to the April 28 budget retreat. Mr. Koplinka-Loehr
reported the Committee also discussed the 2004 Affirmative Action Report
and has copies for anyone interested in receiving one. In reviewing
that Report, there was discussion about how positions will be approved and
also how Tompkins County government is doing in comparison to the local labor
force and surrounding communities and counties. The Committee
also directed staff to come back with additional information regarding the
possibility of a real property transfer tax.
Report and Presentation of Resolution(s) from the Government Operations Committee
Mr. Lane, Chair, reported the Committee reviewed the annual
financial disclosure form and approved a modified form that removes information
on the various levels of investments. The Committee felt that if there
was a conflict it could be discerned from the fact that the investment was
disclosed not the dollar value of the investment. He said there was
also discussion and work was completed on the Code of Ethics which is on
the agenda this evening. Mr. Lane said Mr. Whicher presented County
Administration's plan for reorganization and reviewed a draft job description
for the position of Deputy County Administrator. General consensus
of the Committee was that is something that is needed in County government
at this time and will take action on a resolution at the next meeting tomorrow.
Mr. Lane also reported that Jackie Kippola, Contracts Coordinator, was asked
to look into the New York Municipal Insurance Reciprocal which is a combination
of a number of municipalities that go together to try to get less expensive
insurance. After looking into that it was concluded that it would
cost Tompkins County $70,000 more over a five-year period; therefore, it
would be less expensive for the County to do this by itself.
RESOLUTION NO. 46 - REVISION OF ADMINISTRATIVE MANUAL POLICY NUMBER 01-10 - CONTRACTS
MOVED by Mr. Lane, seconded by Mrs. McBean-Clairborne,
and unanimously adopted by voice vote by members present.
WHEREAS, amendments and additions were deemed necessary to clarify
present practice regarding contracts within the County government, now therefore
be it
RESOLVED, on recommendation of the Government Operations and Budget
and Capital Committees, That the following Administrative Policy is adopted
as amended:
01-10 - Contracts
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RESOLUTION NO. 47 - ADOPTION OF REVISED ANNUAL FINANCIAL DISCLOSURE FORM
MOVED by Mr. Lane, seconded by Mr. Booth, and unanimously adopted by voice vote by members present.
WHEREAS, the Investments question of the Annual Financial
Disclosure Form is often misinterpreted by employees, and
WHEREAS, the County Attorney and Ethics Advisory Board have
recommended the question be reworded for clarity, now therefore be it
RESOLVED, on recommendation of the Government Operations
Committee, That the Annual Financial Disclosure Form is hereby amended and
shall be dated March 15, 2005.
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RESOLUTION NO. 48 - AUTHORIZING A PUBLIC HEARING ON PROPOSED LOCAL LAW
NO. a OF 2005 - A LOCAL LAW AMENDING CHAPTER 32 OF THE TOMPKINS COUNTY CODE
- CODE OF ETHICS
MOVED by Mr. Lane, seconded by Mrs. McBean-Clairborne,
and unanimously adopted by voice vote by members present.
WHEREAS, the County's Ethics Advisory Board has
reviewed the County's Code of Ethics and proposed some format and wording
changes to make it a more "reader-friendly" document, and
WHEREAS, the draft revised Code of Ethics has been reviewed
by the Government Operations Committee, now therefore be it
RESOLVED, on recommendation of the Government Operations Committee,
That a public hearing be held before the Tompkins County Legislature in Legislative
Chambers of the Tompkins County Courthouse, 320 North Tioga Street, Ithaca,
New York, on Tuesday, April 5, 2005 at 5:30 o'clock in the evening thereof
concerning proposed Local Law No. a of 2005 - A Local Law Amending Chapter
32 of the Tompkins County Code - Code of Ethics. At such time and place
all persons interested in the subject matter will be heard concerning the
same,
RESOLVED, further, That the Clerk of the Legislature is
hereby authorized and directed to place proper notice of such public hearing
in the official newspaper of the County.
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RESOLUTION NO. 49 - APPROVAL OF SUCCESSION OF MEMBERS OF THE COUNTY LEGISLATURE
TO SERVE IN THE ABSENCE OF THE CHAIR AND VICE CHAIR
MOVED by Mr. Lane, seconded by Mr. Booth.
Ms. Kiefer said she cannot support this because it lists as a separate line
of succession, the Chair of the Government Operations Committee who is also
the Vice Chair of the Legislature, and also because she thinks it would be
reasonable to use peoples' names in a particular order. She said there
are some very experience Legislators who do not chair committees and feels
they are qualified. A voice vote resulted as follows: Ayes -
13, Noes - 1 (Legislator Kiefer); Excused - 1 (Legislator Totman).
RESOLUTION ADOPTED.
WHEREAS, Section 2.05 of the County Charter, specifies
the succession of members of the Legislature be designated annually by resolution
to serve in the absence of the Chair and Vice Chair, and
WHEREAS, the Government Operations Committee recommends
the chairs of standing committees be designated, now therefore be it
RESOLVED, on recommendation of the Government Operations Committee,
That the following order of succession of County Legislators be approved
to serve in the absence of the Chair and Vice Chair:
Chair, Budget and Capital Committee
Chair, Public Safety Committee
Chair, Government Operations Committee
Chair, Facilities and Infrastructure Committee
Chair, Health and Human Services Committee
Chair, Planning, Development and Environmental Quality Committee
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Report and Presentation of Resolution(s) from the Public Safety Committee
Mrs. McBean-Clairborne, Chair, reported the Committee
met on March 3rd and heard from Dave Buck from the Groton Police Department
and Joan Jurkowich of the Planning Department about an opportunity to purchase
a traffic safety message board. Mr. Buck informed the Committee that
they had previously borrowed one from the New York State Police; however,
they are no longer able to do so. They will be putting together more
information and will come back to the Committee with a recommendation.
The Committee also discussed the Communications Capital
Project and received an update from Lee Shurtleff, Director of Emergency
Response. There was a brief discussion about what Committee members
need to understand about 24-7 operations. As the budget season approaches,
she said it is important to have a clear understanding about what it takes
to have those facilities and operations move smoothly. The Sheriff
reported there are presently four to six people who are doing weekend time,
which means other inmates need to be boarded out to accommodate them.
Mrs. McBean-Clairborne said there needs to be discussions with the judges
to discuss the amount of work and the cost involved with weekenders.
Mr. LeMaro spoke to the Committee about proposals for renovations to the
Civil side of the facility and he determined that the proposal he was looking
into would not be feasible at this time; however, this item continues to
be discussed.
Mrs. McBean-Clairborne spoke of the resolution adopted by this Legislature
at a previous meeting urging the State to abandon the death penalty and said
she heard that item will be taken up by the Legislature in the near future.
RESOLUTION NO. 50 - AUTHORIZING THE COUNTY ADMINISTRATOR
TO ENTER INTO AN AGREEMENT FOR NEGOTIATIONS TRAINING AND SERVICES FOR THE
PUBLIC SAFETY COMMUNICATION SYSTEM CAPITAL PROJECT
MOVED by Mrs. McBean-Clairborne, seconded by Ms. Robertson.
Ms. Blanchard said she asked that this be pulled off the agenda because Motorola
has been designated as a preferred vendor and believes the County should
be in a collaborative relationship with that vendor to come to the best project
possible. She said Steve Whicher, Jonathan Wood, and Lee Shurtleff
are on this team and may be three of the most skilled negotiators in this
County and does not feel the Industrial and Labor Relations School can give
them anything that would add anything to the project. Mr. Proto noted
that Supervisor Valentino also spoke about this. Ms. Herrera said she
attends the ILR School in her spare time.
Mr. Winch said he would like to know by job title who
is going to be involved in this and what skills the County does not have
that it will get for this amount. Mr. Whicher said this is a
comprehensive training for the negotiation team. As they started facing
the prospects of negotiating with Motorola they decided that because they
are dealing with a very large corporation that does this every day, they
have to have a clear understanding of how to develop a clear process where
they can work together. He said he wants to have the adequate tools
to enter these negotiations and asked for support for the team that includes
himself, Lee Shurtleff, Mikel Shakarjian, Jonathan Wood, David Squires, and
Ed Marx.
Mr. Proto disclosed that he owns stock in Motorola and
stated he would not benefit from this. He asked Mr. Wood if he needed
to provide any additional information; Mr. Wood advised him he did not.
Ms. Robertson said this seems like a smart investment
for a project of this size involving such technical details. Mrs. McBean-Clairborne
also felt this is a worthwhile investment and noted it is not often these
type of requests are made by staff.
A voice vote resulted as follows: Ayes - 8 (Legislators
Booth, Herrera, Joseph, Kiefer, Koplinka-Loehr, McBean-Clairborne, Penniman,
and Robertson); Noes - 6 (Legislators Blanchard, Lane, Proto, Schuler, Todd,
and Winch). RESOLUTION ADOPTED.
WHEREAS, Tompkins County will negotiate and implement
a contract for the Public Safety Communications System capital project (PSCS),
and
WHEREAS, the PSCS project represents the largest capital
project ever undertaken by the County in both scope and cost, and
WHEREAS, the County will seek negotiation training and services
to support the PSCS project, now therefore be it
RESOLVED, on recommendation of the Public Safety Committee,
That the County Administrator be authorized to enter into a contract with
Cornell University, Labor and Industrial Relations School, for a total amount
not to exceed $20,000,
RESOLVED, further, That the funds for the services are available in the current
capital project, (Project No. 34.12) Account No. HI3412-59239.
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RESOLUTION NO. 51 - ACCEPTANCE OF ANNUAL ALTERNATIVES TO INCARCERATION CONSOLIDATED SERVICE PLAN
MOVED by Mrs. McBean-Clairborne, seconded by Mr. Penniman.
Mr. Proto requested that a copy of the Plan be kept on file in the Legislative
Office. A voice vote resulted as follows: Ayes - 14, Noes - 0,
Excused - 1 (Legislator Totman). RESOLUTION ADOPTED.
WHEREAS, the Criminal Justice Advisory/Alternatives to
Incarceration Board at its February 15,2005, meeting approved the Annual
Alternatives to Incarceration Consolidated Service Plan, and
WHEREAS, a new requirement calls for the legislative/governing
body approval to accompany the Plan upon submission to the New York State
Division of Probation and Correctional Alternatives, now therefore be it
RESOLVED, on recommendation of the Public Safety Committee,
That the Tompkins County Legislature approves the 2005 Alternatives to Incarceration
Consolidated Service Plan for Tompkins County,
RESOLVED, further, That a copy of the Plan will be kept
on file at the Department of Probation and Community Justice and office of
the Tompkins County Legislature.
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Report from the Facilities and Infrastructure Committee
Mr. Penniman, Chair, reported the Committee has not met since the last Legislature meeting.
Report from the Space Needs and Location Committee
Mr. Proto, Chairman, reported the Committee met on March
9th with the three department heads and staff members, had a tour of the
building, and witnessed a lot of concerns that have been raised by those
department heads. Mr. Proto said one of the Committee's charges
was to review the feasibility of combining the Day Reporting Program and
the Felony Drug Treatment Court in the Human Services Building with the Probation
Department; however, it was determined that it would not be feasible.
There were issues that arose with regard to security that included several
concerns expressed by staff. The Committee directed Ms. Buck and Mr.
Marx to explore alternative sites and bring information back to the Committee.
In addition to that item, the Committee continued to look at general sites
and parameters for the Health Department and the Office for the Aging.
The next meeting will be April 13th at 2:30 p.m.
Report from the Health and Human Services Committee
Ms. Robertson, Chair, reported the Committee met on March
2nd and received a presentation from Lisa Horn and James Brown from the United
Way on hunger and food insecurity in Tompkins County. She
said because of the article that appeared in the Ithaca Journal the following
day, the United Way received several calls and donations towards the hunger
program in Tompkins County. Ms. Robertson said the Committee heard
from departments about budget impacts of proposals at the State and Federal
level. At this time, the Governor is proposing to eliminate the mental
health and substance abuse benefit, as well as payment for mental health
drugs from the Family Health Plus program. She said housing for people
with mental illness is well-supported in the Governor's budget, including
the possibility of 600 new beds for priority populations. She
also reported that the Governor has included an additional $1 million for
the State's compulsive gambling education and treatment program.
Ms. Robertson reported on the SRO (Single Room Occupancy) housing Request
for Proposals, and stated it is presently under review and that a recommendation
should be made on March 21st. At this time she asked Mr. Winch to provide
a report on the subject of open burning that was discussed at a recent Board
of Health meeting.
Mr. Winch said the Board of Health took up the issue of
open burning of household waste and brought in experts from Cornell University
who spoke of research on dioxin and how it enters the human body. The
Board of Health passed a resolution asking John Andersson of Environmental
Health Division of the Health Department, to prepare language to amend the
Sanitary Code of Tompkins County to ban any open burning. Mr. Winch
said the vote by the Board of Health was not unanimous but there was enough
support to make it happen. He noted this will not come before this
Legislature; however, the Board of Health will hold a public hearing prior
to taking action on a final decision.
Mr. Proto clarified the Board of Health discussion stating
that the staff was directed to draft language intended to amend the Sanitary
Code and which would be reviewed by the Board of Health. The Code is
already specific about what can and cannot be burned. The proposed
changes are about enforcement.
Report from the Strategic Planning Committee
Mr. Koplinka-Loehr, Chair, reported the Committee held
its third meeting and noted it was not as well-attended by Legislators as
previous meetings. He spoke of the master list of possible priorities
that was distributed to all Legislators and asked that comments and priorities
be returned to him or Ms. Skinner before the next meeting on April 8th.
At that meeting the Committee will try to come up with the top ten responses
to be considered at the April 28 meeting when that list will be narrowed
to three to five to focus on over the next five years.
Approval of Minutes of February 15, 2005
It was MOVED by Ms. Robertson, seconded by Ms. Kiefer,
and unanimously adopted by voice vote by members present, to approve the
minutes of February 15, 2005 with the corrections submitted.
Adjournment
On motion the meeting adjourned at 8:25 p.m.
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