Chair Joseph called a public hearing to order at 5:30 p.m. concerning A Local Law Amending Chapter 32 of the Tompkins County Code - Code of Ethics and asked if anyone wished to speak.
No one wished to speak and the public hearing was closed at 5:32 p.m.
Called to Order
Mr. Joseph called the meeting to order at 5:32 p.m.
Pledge of Allegiance to the Flag and Roll Call of Members
Members and guests participated in the Pledge of Allegiance to the Flag.
Present: 12 Legislators. Excused: - 3 (Legislators Blanchard, Herrera, and Winch). Ms. Kiefer was excused at 7:44 p.m.
Privilege of the Floor by the Public
Matthew Bishop, City of Ithaca resident, spoke of his belief that the most important issue in Tompkins County is not housing or transportation or raising taxes. It is economic growth, and appropriate funding to Tompkins County Area Development and the Industrial Development Agency is an important factor in improving the economic growth in the County. He believes the amount presently funded by the County should be increased and that this increase combined with the newly developed Tompkins County Comprehensive Plan are proper ways to start the growth process.
Presentation of Distinguished Youth Award
Mr. Totman, District No. 9 Legislator, presented the March, 2005, Distinguished Youth Award to Nick Totman, member of the McLean Fire Department. Mr. Totman read the following statement:
"As human beings we have the ability to carry out a wide range of activities. There is an activity - dear to my heart so much that it is etched on my tombstone. That activity is VOLUNTEERING. During the past couple of decades we have all seen fewer and fewer volunteers as our society has changed. We've all read about the effect this has had on volunteer fire departments - how their ability to protect their communities is threatened because of the lack of new members to carry on what the older ones have been able to do.
"Volunteering isn't easy. It requires commitment, dedication, decision-making, maybe sacrifices, and time. One doesn't volunteer expectation to get monetary returns. You volunteer because you want to see something succeed, you see the value of what you are working toward, you believe in its importance. The reward is knowing that you helped in some way - that you made a difference.
"The person I wish to recognize tonight is a volunteer. Perhaps volunteerism took root for him through a program which requires the entire family to participate. His home becomes a temporary safe haven for dogs which have been abandoned, abused, traumatized, etc. This is the Foster Family Program instituted by the Tompkins County SPCA. For many years he and his family have helped rehabilitate unfortunate dogs so that they can be placed with permanent homes. It takes a lot of consistent, constant TLC from everyone living in the home - kids and all. The rewards are hearing about the adoptions of animals you worked with and knowing you were instrumental in making their second chance at life possible.
"My person is a seventeen-year old high school junior and he is a volunteer fireman. During his seventeen years he has had a lot of exposure to what it takes to be a volunteer fireman. His grandparents, parents, and brother have all spent countless hours on behalf of the department. At age 14 he became a junior firefighter. During his two years at this level he not only learned some basic firefighting and safety procedures but also became certified by the Red Cross in first-aid and CPR. He did the "go-fer" jobs and willingly worked fund raisers.
"I needed to tell you a little about this young man's recreational activity for you to fully understand his commitment. Since the age of seven he has competed in microd racing, becoming quite adept at mastering driving skills. It seemed a natural conclusion, to those of us who know him, that as soon as he reached his sixteenth birthday he would be first in line at the Motor Vehicle Bureau to get his driver's license. We were all wrong! Instead he opted to go for his New York State Firefighter One course - seventy-eight hours of intensive training which he fit in around his high school classes. His successful completion qualified him to be a full-fledged firefighter. At the December meeting of his fire department his obvious desire and enthusiasm to serve the department was recognized when fellow members elected him to the office of First Lieutenant. He is the youngest officer the department has ever had! I am very proud of the way he has dedicated himself to the department. He has renewed my belief that we all should be volunteers."
At this time Mr. Totman requested that Sheriff Meskill present the award. Sheriff Meskill said he was hesitant at first to do so as he is the Sheriff and not part of the Emergency Response team for the County, however upon reflection, it was appropriate as he is now in his 30th year as a volunteer firefighter, having started at the age Nick Totman is. Sheriff Meskill said this was a good opportunity to recognize those following in parents and/or grandparents footsteps to serve the community and being there at the time of need.
Privilege of the Floor by Legislators
Mr. Proto, District No. 7 Legislator, expressed gratitude to the Tompkins County Highway Department for their efforts this past weekend when the Towns of Danby and Caroline had flood conditions, noting that Acting Highway Superintendent John Lampman was assisting with pumps on Sunday morning. He feels it was fitting that a volunteer fireman also was recognized this evening as the local fire department volunteers were critical during this time of need. Mr. Proto then stated that he would like the Ithaca Common Council to recognize Officer Jeff Huddle who went above the call of duty and was able to assist in the apprehension of an individual relating to the recent burglary in the Town of Danby. Mr. Proto said the Universal Service Fund has an expected increase in excess of seventeen percent by 2007. He said the national average would increase from $2.09 per month to $2.26, with Tompkins County's annual contribution of approximately $2 million.
Mr. Koplinka-Loehr, District No. 11 Legislator, spoke of Judge Judy Harris Kluger, Deputy Chief of the Integrated Domestic Violence Court System, coming to Ithaca next week for a variety of Domestic Violence meetings. Judge Kluger has supervised the development of the Integrated Domestic Violence Courts in New York State as well as providing oversight for all New York State Drug Courts. She will be visiting an Integrated Domestic Violence Court session as well as meeting with County magistrates, local elected officials and public safety personnel, and then will be the keynote speaker for the Offender Aid and Restoration annual meeting at the Unitarian Church. These meetings will provide the opportunity to share knowledge of the various Alternatives to Incarceration programs the County has developed as well as learn about programs from other areas.
Ms. Robertson, District No. 13 Legislator, spoke of a recent posting on the Human Services Coalition list-serve that indicated the Drop-In Center recently was refunded taxes on their telephone bill due to the not-for-profit status. Ms. Robertson then spoke of the Terri Schaivo case and how it has brought an awareness to end-of-life care issues. She recommend that individuals seeking information could find resources through the Tompkins County Office for the Aging, Lifelong, Health Planning Council, or Hospicare. Ms. Robertson spoke of the number of individuals wounded and killed in Iraq this week; she personally hopes that as President Bush attends the funeral for Pope John Paul he recalls the Pope's pleading not to invade Iraq.
Mr. Lane, District No. 14 Legislator, reported that during the recent heavy rains the Dryden Dam Project worked well, preventing the creek from spilling over and flooding the Dryden area. He thanked the County for their participation in the project. Mr. Lane said a recent Untied States Supreme Court decision that he considers a landmark, regarding the Oneida nation's property owned in Sherrill, has set parameters that may be used in future claims. This case involves Sherrill's lawsuit against the nation, specifically the purchase of land that is then attached to a reservation, making it tax exempt. The ruling, voted eight to one, is approximately twenty-two pages and states the local municipality rules and the nations had long abandoned the claims. In addition, it specifies that the United States Government can acquire land for reservations and that there is a process. Mr. Lane said he is glad to see the government address this issue, which has been a concern of his. Ms. Kiefer inquired whether this decision would affect the Governor's plans for casinos in the Catskill areas. Mr. Lane said that it may but he did not have any details. Mr. Proto asked if this would apply to the recent claim by the Onondaga nation and was informed by Mr. Lane that the language may have a precedent in the case. Mr. Joseph reported he had extended an invitation for a local meeting to discuss the Onondaga Nation's claim and to date has had no response.
Ms. Schuler, District No. 4 Legislator, spoke of the Community Foundation's Roundtable on Youth she attended with over 100 other people involved with our county's youth population. The young people coordinated the event and were very forthright in expressing their concerns and needs regarding inclusiveness and what we as a community can do together to address their ideas. Ms. Schuler reported that the Fifth Annual 4-H Duck Race is taking place on April 17th in Cascadilla Creek where 3,400 rubber ducks are released over the falls. There is still time to purchase a duck.
Mr. Todd, District No. 6 Legislator, reported that the extensive study and work done on Ludlowville Road in Lansing last year had excellent results during this period of floods; the area did not experience any flooding as they had last year. He expressed gratitude to all who worked on the project.
Mr. Lane congratulated the New York State Legislature on the passage of the State Budget. He said while it shows it can be done many important issues such as school funding were side-stepped.
Mrs. McBean-Clairborne, District No. 2 Legislator, also spoke of the roundtable discussion held at the Women's Community Building, saying youth are asking more questions of the grown-ups. She said it was fitting that over 240 attendees converged at this inspiring event that celebrated sisterhood and friendship at the beginning of Women's History Month.
Report from a Municipal Official
Maria Coles, City of Ithaca Common Council Member, said the roundtable discussion held at the Women's Community Building was wonderful and that it reminded her of the power women have when so many gather. She reported that the City has been working with Cornell University and Ithaca College to develop a plan to contain the annual parties in City neighborhoods during graduation periods. She reported the Planned Unit Development proposal has met with both positive and negative reaction from developers. Ms. Coles said information is starting to be gathered regarding the Southwest Development Plan for housing and there are very long lists of both positive and negatives regarding the areas this housing is proposed for. She expressed a desire to see this largest undeveloped piece of land in the City utilized for housing and small offices. In addition, the Planning Committee has been discussing building heights in the downtown areas. Ms. Coles feels it is important to find ways to bring residents back to the downtown area. She reported that Common Council has been discussing the wages of Council members as well as the Mayoral salary, although budgets are tight it is felt that adjustments may be necessary to open up the positions to more individuals by providing more compensation. She reported that Common Council will have the first meeting with County Legislators representing the City on April 27, 2005, and would like questions Legislators have submitted via e-mail in advance of the meeting. Mrs. McBean-Clairborne noted the fourth Wednesday of the month could have a potential conflict with the Workforce Diversity and Inclusion Committee.
Chair's Report and Appointment(s)
Mr. Joseph reported he wrote to Town of Ithaca Supervisor Valentino and Town of Danby Supervisor Barber regarding their requests and offers related to the Communications Capital Project and the associated Environmental Impact Statement (EIS). He said that upon receipt of his letter that asked specific questions relating to Ms. Valentino's offer of assistance in the EIS process, Ms. Valentino contacted him and indicated that she had not realized the long-form declaration for the EIS had been made and was in agreement that the Town would not be able to do the work. She did say her experience and relationships with other municipal officials may be useful and could perhaps assist in reduced costs for the project. Mr. Joseph reported Ms. Valentino suggested a meeting with Mr. Marx, Planning Commissioner, and Town of Ithaca Planner, Mr. Kanter, and himself to discuss specific ways to save funding and he would be grateful if it could happen. He reported that the Municipal Officers Association has changed their meeting date so that members of the Legislature may attend and a request has been made to respond to the invitation prior to April 18. Mr. Joseph reported the breakfast meeting with Cornell University President Lehman has been postponed due to scheduling conflicts.
Chair's Appointment(s)
Chair Joseph made the following appointment(s):
Tompkins County Municipal Planning Organization
Dooley Kiefer
Report from the County Administrator
Mr. Whicher reported that the past week's flooding has resulted in a cost to the Highway Department between $75,000 - $100,000 and will take three to four weeks to complete all emergency repairs. He praised the Highway Department for their quick response in taking appropriate steps in this emergency to ensure citizens' safety. He said though the State budget was passed it is incomplete, with the Medicaid cap being a large concern. He said that although figures are provided there is no way of knowing the end result until all items are addressed. In response to a question from Mr. Proto related to funding, he said funding for current programs have continued but there are no payments on items new to the 2005 budget.
Report from the County Attorney
Mr. Wood reported he has reviewed and approved filing of the lawsuit related to drug company Medicaid fraud; the papers should be filed within the next two weeks. He then reported that a request to lower taxes overdue on Lakeside Nursing Home has been denied at this time.
Report from the Finance Director
Mr. Squires had no report.
Report and Presentation of Resolution(s) from the Budget and Capital Committee
Mr. Koplinka-Loehr, Chair, reported the Committee met on March 22nd with most of the work is reflected in resolutions. He said one item discussed was the Workforce Diversity Plan and that a determination was made not to forward a memo to Department Heads at this time and have passed this possible correspondence to the Workforce Diversity and Inclusion Committee.
RESOLUTION NO. 52 - AUTHORIZING THE COUNTY ADMINISTRATOR AND PERSONNEL COMMISSIONER TO WORK WITH DEPARTMENTS TO DEVELOP A WORKFORCE DIVERSITY PLAN FOR NEW HIRES
MOVED by Mr. Koplinka-Loehr, seconded by Ms. Robertson. Ms. Kiefer said she had thought the diversity plans would go to the Workforce Diversity and Inclusion Committee within ninety days and then the Legislature, but not both within ninety days. Mr. Koplinka-Loehr explained it would first go through Workforce Diversity and then to the Budget and Capital Committee.
Ms. Kiefer said it was her understanding that a memo summarizing the Legislature's concern and direction would be sent to Department Heads, which she believed would be useful in the interim period. She spoke of the memo including information on how to define minorities and other aspects of diversity that would provide suggestions on hiring techniques. She would like to see this be provided to department heads and perhaps be reviewed by the Workforce Diversity and Inclusion Committee prior to distribution. Mr. Joseph said the Budget and Capital Committee will take this under advisement. Mr. Koplinka-Loehr will take the matter up with the Workforce Diversity and Inclusion Committee, who meets on April 27 and see what they want to do.
A voice vote on the motion resulted as follows: Ayes - 12; Noes - 0; Excused - 3 (Legislators Blanchard, Herrera, and Winch). RESOLUTIN ADOPTED.
WHEREAS, Tompkins County has a 1997 Affirmative Action Plan that
addresses workforce diversity, and the Legislature wishes to give heighten
attention to this topic, and
WHEREAS, the workforce diversity effort being undertaken is critical
to the success of Tompkins County government in meeting our mission for
all residents through being representative of the community, and
WHEREAS, the workforce diversity effort deepens and expands the ability
of Tompkins County government to be a competitive and desirable employer
by employing workers of diverse ethnic and cultural backgrounds, and
WHEREAS, growth in minority populations is responsible for over ninety
percent of the County’s population growth, and
WHEREAS, increased diversity will permit Tompkins County government
to more equitably meet public service goals for all constituents whom we
serve, and
WHEREAS, in current hiring practices within the County, it is assumed
that departments are implementing strategies and asking, internally, questions
to help them attract a diverse workforce, and
WHEREAS, utilizing consistent policies and implementing best practices
will assist in the success of a full workforce diversity plan, and
WHEREAS, our departments are key in ensuring this plan is successful,
and
WHEREAS, the Legislature understands that it may be difficult to attract
under-represented talent for each position but expects that given this
understanding departments will make a documented, well-rounded, extra effort
to advertise and recruit such talent, expeditiously but not hurriedly,
and
WHEREAS, by this resolution the Legislature does not intend to suspend
all hiring at this time, but to affect how departments include and utilize
an effective diversity plan in filling vacancies and to hold departments
accountable to reporting on their diversity efforts, now therefore be it
RESOLVED, That the Legislature directs the County Administrator
and Commissioner of Personnel to work with departments as a Management
Team to recommend a data-driven Workforce Diversity Plan for the County
to be used for new hires, lateral moves and promotions that includes countywide
goals, objectives and implementation strategies and timetables to address
the recruitment, screening, selection and retention of a diverse workforce
and maintenance of an inclusive workplace,
RESOLVED, further, That the Management Team will work closely with
the Workforce Diversity and Inclusion Committee to learn about and incorporate
best practices being used locally, regionally, and nationally,
RESOLVED, further, That the Management Team work with the Workforce
Diversity and Inclusion Committee to develop a diversity and inclusion
plan for the entire County that builds an inclusive environment beyond
hires,
RESOLVED, further, That the proposed Workforce Diversity Plan clarify
the respective roles and responsibilities of the Legislature, county administration,
and departments in workforce hiring,
RESOLVED, further, That the Management Team’s recommended Workforce
Diversity Plan will be presented to the Workforce Diversity and Inclusion
Committee and the Budget and Capital Committee within ninety days of adoption
of this authorizing resolution,
RESOLVED, further, That while the plan is being developed, County Administration,
in consultation with Human Rights, the Diversity Consortium and the Workforce
Diversity and Inclusion Committee, will assure that departments seeking
to fill vacancies are appropriately responding to the diversity concerns
identified by the Legislature,
RESOLVED, further, That the Budget and Capital Committee will consider
a request for resources if the Management Team finds that additional resources
are needed to develop the Diversity Plan.
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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) Under the Consent Agenda
It was MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice vote, to approve the following resolution(s) under the Consent Agenda. (Mr. Koplinka-Loehr temporarily out of room).
RESOLUTION NO. 53 - AUTHORIZING MUNICIPAL ELECTRIC AND GAS ALLIANCE TO EXTEND THE CONTRACT FOR THE PURCHASE OF NATURAL GAS ON BEHALF OF THE COUNTY AND AUTHORIZING THE INCLUSION OF ANY POLITICAL SUBDIVISION WITHIN THE STATE TO PARTICIPATE
MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, under the Consent Agenda.
WHEREAS, the County currently receives natural gas from NYSEG
Solutions through a contract obtained pursuant to a bid by the Municipal
Electric and Gas Alliance (“MEGA”), and
WHEREAS, the contract will terminate in October 2005 if MEGA
does not exercise the renewal option, and
WHEREAS, Section 408-a of the County Law authorizes the County
to include in any purchase contract awarded to the lowest responsible bidder,
authorization permitting any political subdivision in the State to participate,
and
WHEREAS, the County desires the continued participation of other
political subdivisions in the natural gas contract, and
WHEREAS, rules regarding the terms by which other political subdivisions
participate have been established and will be reflected in the contract,
now therefore be it
RESOLVED, That MEGA is hereby authorized to exercise the option
to extend the contract for natural gas which was based on public bidding
on behalf of Tompkins County,
RESOLVED, further, That all political subdivisions within the
State are authorized to participate in the contract.
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RESOLUTION NO. 54 – APPOINTMENT OF TEMPORARY BOARD OF ASSESSMENT
REVIEW HEARING MEMBERS TO SERVE ON ADMINISTRATIVE HEARING PANELS - ASSESSMENT
DEPARTMENT
MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted
by voice vote by members present, under the Consent Agenda.
WHEREAS, the Department of Assessment has entered into an annual
reassessment program with the New York State Office of Real Property, and
WHEREAS, Real Property Tax Law 523-a permits the Tompkins County
Legislature to appoint up to six Temporary Board of Assessment Review members
to serve on Administrative Review Panels, and
WHEREAS, Real Property Tax Law 523-a permits the compensation
of Temporary Board of Assessment Review Members, now therefore be it
RESOLVED, on recommendation of the Government Operations Committee,
That six Temporary Board of Assessment Review members, namely Alice Moore,
Edward Laine, Robert Walpole, Edith Spaulding, Michael Cannon, and Paul
Banfield, be appointed to serve on Administrative Review Panels,
RESOLVED, further, That Temporary Board of Assessment Review members
be compensated at a maximum annual compensation of $250.00 each.
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RESOLUTION NO. 55 - URGING INCREASED FUNDING FOR THE NEW YORK
STATE CONSOLIDATED HIGHWAY IMPROVEMENT PROGRAM (CHIPs)
MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted
by voice vote by members present, under the Consent Agenda.
WHEREAS, local governments are responsible for eighty five percent of
the State’s 110,000 miles of roadways, and are also responsible for fifty
percent of the State’s 18,000 bridges, and
WHEREAS, CHIPs is a unique form of a block grant in transportation
financing providing critical transportation funding to over 1,600 units
of local government in New York State, and
WHEREAS, the 2004/05 adopted state budget restored the $35 million
in County/New York City CHIPs funding, and
WHEREAS, because of the restored funds, county highway departments
were able to repair important components of the local transportation system,
and purchase necessary highway equipment and materials, and
WHEREAS, the Governor’s New York State Executive Budget 2005-2006 proposes
funding for the program remain flat at the 2004-05 level of $35 million
in County/New York City Consolidated Highway Improvement Funds (CHIPs),
and
WHEREAS, the proposed 2005/06 Executive Budget Proposal proposes
no increase for CHIPs funding in spite of the dramatic inflationary increases
in the cost of fuel, equipment and material, now therefore be it
RESOLVED, on recommendation of the Facilities and Infrastructure Committee,
That the Tompkins County Legislature hereby goes on record urging the State
Legislature to support a $100 million increase to bring the CHIPs funding
level to parity with today’s increased costs,
RESOLVED, further, That the Tompkins County Legislature urges the state
to index these funds as part of the State’s multi-year capital plan so
that local governments can budget and properly plan to address the deficiencies
in the local transportation system,
RESOLVED, further, That certified copies of this resolution be
forwarded to Governor George E. Pataki, the New York State Legislature,
and all others deemed necessary and proper.
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RESOLUTION NO. 56 - URGING AN INCREASE IN CRITICAL MARCHISELLI
HIGHWAY AND BRIDGE FUNDING
MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted
by voice vote by members present, under the Consent Agenda.
WHEREAS, the Marchiselli Funding Program is the State component of a
successful Federal, State, and Local partnership delivering transportation
improvements on the local highway system, and
WHEREAS, the Federal Transportation Program has grown over the past
five years, and the number of Federal Aid projects sponsored by local governments
has increased over the past five years, and
WHEREAS, Marchiselli Funding has not increased in the past five years,
and
WHEREAS, the Marchiselli program has not kept pace with the Federal
Transportation Program resulting in delays of State matching funds or eligible
portions of projects not receiving State matching funds, and
WHEREAS, the Governor’s executive Budget submission to the Legislature
holds Marchiselli funding static at $40 million, now therefore be it
RESOLVED, on recommendation of the Facilities and Infrastructure Committee,
That the Tompkins County Legislature strongly urges the State Legislature
to increase this critical funding to a level consistent with the level
of locally sponsored projects listed on the current Statewide Transportation
Improvement Program (STIP),
RESOLVED, further, That the Tompkins County Legislature strongly urges
the Governor and State Legislature to increase Marchiselli program funding
to $80 million to match the current need during the 2005 legislative session,
RESOLVED, further, That certified copies of this resolution
be forwarded to Governor George E. Pataki, the New York State Legislature,
and all others deemed necessary and proper.
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Appointment(s)
It was MOVED by Mr. Booth, seconded by Proto, and unanimously adopted by voice vote by members present, to approve the following appointment(s) under the Consent Agenda:
Community Mental Health Services Board
Brad Rudin - term expires December 31, 2006
Report from the Planning, Development and Environmental Quality Committee
Mr. Proto, Vice Chairman, said the April 6 meeting has been postponed until April 19th at 4:30 p.m.; the agenda includes the Metropolitan Planning Organization budget, Celebrations Grants, a five-year strategic plan report from Ms. Kippola. He said that the discussion regarding Workforce Development's policy and practices due to regionalzation and property tax exemptions may be postponed until the May meeting.
Report from the Strategic Planning Committee
Mr. Koplinka-Loehr, Chair, requested that members of the Legislature review the material provided to them earlier in the week in preparation for the upcoming meeting on April 8, 2005, and determine what they consider to be the top three areas to concentrate on. Mr. Koplinka-Loehr said the budget meeting on April 28 will further pinpoint areas to work on in the future.
Report and Presentation of Resolution(s) from the Government Operations Committee
Mr. Lane, Chair, reported the Committee met on March 16th and discussed the positive and negative aspects regarding the proposal to have a combined Planning and Public Works Commissioner. The Committee discussed how to best bring this topic to all members of the Legislature as it presently would involve several Committees; consensus was to present the proposal to the entire Legislature rather than separately to each committee. The County Attorney has been asked to review the materials related to the Onondaga land claim action and a report is expected at a later date. The Committee acted on the request for a Deputy County Administrator position. Mr. Lane reported the Board of Elections provided information on the impact of the new voting requirements and equipment. He said statistics show that while the initial cost of an optical scanning paper ballot machine may be less expensive, the overall cost and operations of the equipment may be more cumbersome and expensive.
RESOLUTION NO. 57 - ADOPTION OF REVISED ADMINISTRATIVE POLICY 01-34 - ALLOCATION OF SPACE IN COUNTY BUILDINGS
MOVED by Mr. Lane, seconded by Mrs. McBean-Clairborne. Mr. Proto said he requested the resolution be pulled from the Consent Agenda to discuss his concern regarding the procedure outlined within the text. He believes that there should be Committee involvement in the decision-making for space allocations. Mr. Lane explained normal requests for partition changes or immediate office reallocation of space should not require Committee involvement; however, if there was not agreement the appropriate Committee would review the request. In addition, Mr. Lane said the cost of modifications would be the responsibility of the department unless it required a major renovation. Mr. Proto discussed the modifications taking place on the third floor of the Old Jail Building, stating he believed the Legislature needs to be aware of the costs associated with it. It was explained that the renovation in that area was to adequately provide work space for the County Attorney's office and in doing so would require modification of the present work space in Administration.
It was MOVED by Mr. Proto, seconded by Mr. Totman, to amend the Policy item A. Existing Space, number 2, by changing the word "decision" to "recommendation" of the County Administrator with the program committee participating in the decision to allocate. Ms. Robertson said she believed Legislature involvement in this process would be micro-managing the process. A voice vote on the motion resulted as follows: Ayes - 1 (Legislator Proto); Noes - 11; Excused - 3 (Legislators Blanchard, Herrera, and Winch). MOTION FAILED.
A voice vote on the original motion resulted as follows: Ayes - 11; Noes - 1 (Legislator Proto); Excused - 3 (Legislators Blanchard, Herrera, and Winch). RESOLUTION ADOPTED.
WHEREAS, space standards are necessary to ensure that all county
employees are provided with an appropriate work environment and that county
fiscal resources are judiciously and equitably utilized to provide such
a work environment, now therefore be it
RESOLVED, on recommendation of the Government Operations Committees,
That the following Administrative Policy is hereby revised:
01- 34 Allocation of Space In County Buildings
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RESOLUTION NO. 58 - CLARIFICATION OF RESPONSIBILITY FOR LEGISLATURE SUPPORT FOR LIBRARY EXPENSES
MOVED by Mr. Lane, seconded by Mr. Booth. Mr. Totman said he does not agree with the resolution as it guarantees funding for the library in the event funding from other areas are not available and which is not done for other departments within the county. Mr. Lane said the resolution recognizes the library's continued attempts to find funding sources outside the direct County tax base; the purpose is to continue the commitment to the library and not base it on their outside revenue sources. Mr. Totman is concerned that the library will continue to grow and ask for more funding. Mr. Penniman believes it is important to show support which in turn may continue the outside revenue stream for the library. Ms. Kiefer said this resolution provides the same commitment to the library as Resolution No. 116 of 1999. A voice vote on the resolution resulted as follows: Ayes - 11; Noes - 1 (Legislator Totman); Excused - 3 (Legislators Blanchard, Herrera, and Winch). RESOLUTION ADOPTED.
WHEREAS, as previously stated in Resolution No. 116 of 1999, the
Tompkins County Legislature recognizes the importance of the Tompkins County
Public Library for County residents from all areas and all walks of life,
and
WHEREAS, the Tompkins County Legislature understands and supports
the needs of the Tompkins County Public Library, and
WHEREAS, the Tompkins County Legislature will strive to support
those needs within the County's budgetary constraints from year to year,
and
WHEREAS, the Tompkins County Public Library is moving to obtain
new revenue sources to restore and enhance services, and
WHEREAS, there is concern that such new resources may be compromised
unless the County clarifies that such additional revenue will not result
in an automatic lowering of allocations for the Library currently provided
by the County, now therefore be it
RESOLVED, on recommendation of the Government Operations Committee,
That the Tompkins County Legislature reaffirms its responsibility to provide
operating funds for the Library and to maintain its facility for what is
considered to be basic services, to the best of the County's ability,
RESOLVED, further, That the Tompkins County Legislature recognizes
that these new revenue sources are not intended to replace County-supported
basic operating funds for the Library.
SEQR ACTION: TYPE II-20
RESOLUTION NO. 59 - ADOPTION OF 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 Mr. Booth. Mr. Lane asked
the County Attorney if deleting the following statement in Section 32-5,
paragraph C, was considered a substantive change "….but shall withhold
from their inspection the range of market value of any investments."
Mr. Wood did not feel it was a material change, since it refers to something
that no longer exists.
Mr. Proto raised concern with Section 32.4, paragraph I, as it relates to seeking advice on conflicts of interest. He believes the County Attorney should be providing the advice.
In response to questions raised, Mr. Wood explained the policy for filing complaints.
Mr. Joseph expressed his concern with Section 32.4 paragraphs C and H as he does not believe officials and employees should be treated as a single group. He feels some conflicts are inevitable and should be disclosed but not prohibited. Mr. Lane understands Mr. Joseph's concern, but feels the policy provides an adequate procedure to follow.
It was MOVED by Mrs. McBean-Clairborne, seconded by Mr. Booth, to amend the proposed resolution by adding the following sentence to Section 32.4, paragraph H: "If any official or employee holds any such position he/she is required to disclose the same." It was noted this change would require an additional public hearing. A voice vote on the amendment resulted as follows: Ayes - 4 (Legislators Koplinka-Loehr, McBean-Clairborne, Robertson, and Penniman); Noes - 9; Excused - 3 (Legislators Blanchard, Herrera, and Winch). MOTION FAILED.
A voice vote on the main motion resulted as follows: Ayes - 7 (Legislators Booth, Kiefer, Lane, Proto, Robertson, Schuler, and Todd); Noes - 5 (Legislators Joseph, Koplinka-Loehr, McBean-Clairborne, Penniman, and Totman); Excused - 3 (Legislators Blanchard, Herrera, and Winch). RESOLUTION LOST.
WHEREAS, the County's Ethics Advisory Board has proposed a more
user-friendly version of the County's Code of Ethics, and in connection
therewith the Government Operations Committee has recommended several changes
to the Code, and
WHEREAS, a public hearing was held before the Tompkins County
Legislature on April 5, 2005, to hear all persons interested in proposed
Local Law No. a of 2005 - A Local Law Amending Chapter 32 of the Tompkins
County Code - Code of Ethics, now therefore be it
RESOLVED, on recommendation of the Government Operations Committee,
That proposed Local Law No. a of 2005 - A Local Law Amending Chapter 32
of the Tompkins County Code - Code of Ethics, is hereby adopted,
RESOLVED, further, That the Clerk of the Legislature shall publish
in the official newspaper of the County a notice of adoption containing
a synopsis of said local law and shall within twenty days file one certified
copy in the Office of the County Clerk, and one copy with the Secretary
of State.
SEQR ACTION: TYPE II-20
Report and Presentation of Resolution(s) from the Public Safety Committee
Mrs. McBean-Clairborne, Chair, reported the Committee met earlier in the day to discuss the resolution on the agenda. The next meeting will be on April 7th. She said the Sheriff has received transportation and board-out expense information for the year thus far for all interested and that Resolution No. 284 of 2004 - Review of Alternatives to Incarceration Initiative and Creation of Special Committee to Design Parameters of Requested Study, which was referred to the Committee will be addressed at the meeting.
RESOLUTION NO. 60 - 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
MOVED by Mrs. McBean-Clairborne, seconded by Mr. Penniman. In response to Mr. Booth's question, Mr. Whicher indicated the two responses to the request for proposals resulted in a $6,000 range difference. Mr. Proto spoke of a memo received from Ms. Blanchard that addressed several items related to this resolution suggesting possible ways to reduce costs in different areas and asked if they had been addressed. Mr. Whicher said the memo and suggestions were reviewed, noting one had a potential savings of $35,000. He believes the savings of that particular item was something that would result normally during the EIS process; however, he feels that evaluation of the recommendations required review by the attorney completing the environmental impact study.
Mr. Lane inquired if it is possible to us a step-fee for this process rather than committing to the entire amount at once. Mr. Whicher said to do so would require segmenting the process and that it would not be productive. Ms. Robertson said this agreement would allow parallel work on different sites to be completed more rapidly.
A discussion took place regarding the process; specifically if each site would be completed separately. It was noted by Mr. Whicher that some processes are duplicated for all sites but specific information at each location must be analyzed and comprise one-third of the contract. Mr. Totman feels extensive studies have been made and the project must go forward toward completion. Mr. Lane felt the contract payments should be progressive, however Mr. Whicher said it would be difficult to determine a cut-off point. Mr. Wood said the only break point would be between the draft and final EIS; once committed to doing it there is no way to stop the process.
Executive Session
It was MOVED by Mr. Penniman, seconded by Mr. Lane, to enter into executive session at 7:32 p.m. to discuss possible litigation. A voice vote resulted as follows: Ayes - 10; Noes - 2 (Legislator Totman and Todd); Excused - 3 (Legislators Blanchard, Herrera, and Winch).
Ms. Kiefer was excused at this time (7:44 p.m.).
The meeting returned to open session at 7:47 p.m.
Recess
Mr. Joseph declared a recess from 7:47 to 7:54 p.m.
RESOLUTION NO. 60 - 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 - Continued
A voice vote on the resolution resulted as follows: Ayes
- 11; Noes - 0; Excused - 4 (Legislators Blanchard, Herrera, Kiefer, 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 County has issued a positive declaration of environmental
significance under State Environmental Quality Review (SEQR) for this action,
and an Environmental Impact Statement (EIS) will be prepared, and
WHEREAS, the County has issued a Request for Proposals (RFP) for SEQR
Compliance and EIS Services to support the PSCS project, and
WHEREAS, two responses to the RFP were received and both respondents
were interviewed, and
WHEREAS, the review process has been completed and ENSR, Intl., with
an office located in Rochester, New York, has been selected to prepare
materials necessary under SEQR to complete the review process, and
WHEREAS, a final scope of services will be negotiated with the preferred
vendor, ENSR, Intl., and
WHEREAS, outside legal assistance is also necessary and the County
Attorney will recommend and contract for this service separately, now therefore
be it
RESOLVED, on recommendation of the Public Safety Committee, That
the County Administrator be authorized to enter into a contract with ENSR,
Intl., of Rochester, New York, for the development of the EIS to support
the implementation of the Public Safety Communications System,
RESOLVED, further, That the County Attorney be authorized to enter
into a contract for related legal services,
RESOLVED, further, That the total amount for preparation of the EIS
and legal services shall not exceed $330,000, tentatively expected to be
$290,000 for the EIS and $40,000 for legal services,
RESOLVED, further, That the funds for the legal and SEQR compliance
services are available in the current capital project, (Project No. 34.12)
Account No. HI3412-59239.
SEQR ACTION: TYPE II-21
Report and Presentation of Resolution(s) from the Facilities and Infrastructure Committee
Mr. Penniman, Chair, reported the Committee met on March 17 and March 22, with resolutions covering portions of the work completed. In addition, the Committee was informed of the new Highway Division organization and that the Highway Manager search has been extended and reopened with the intention to expedite the filling of the position. The Committee reviewed the highway projects report, including information on redesign projects. Coddington Road was discussed at length, particularly the desire of residents to maintain a smaller road width. At the next meeting on April 13 the Committee will be discussing the design process used and how decisions are made. Mr. Penniman said that due to the amount of work required by the Committee there will be two meetings per month in the future. He also reported on Northwest Airlines aggressive introductory fares that have been advertised.
RESOLUTION NO. 61 – APPROPRIATION FROM CONTINGENT FUND – BIGGS B ROOF REPLACEMENT - FACILITIES
MOVED by Mr. Penniman, seconded by Mr. Booth, and unanimously adopted by voice vote of members present. RESOLUTION ADOPTED.
WHEREAS, the Biggs B metal roof and flashing is failing, resulting
in leaks and internal water damage, and
WHEREAS, the Facilities Division of Public Works recommends
roof replacement, which can be completed for a maximum of $50,000, and
WHEREAS, the Facilities Division does not have the budgeted funds
necessary to cover the anticipated costs, now therefore be it
RESOLVED, on recommendation of the Facilities and Infrastructure
and Budget and Capital Committees, That the Tompkins County Legislature
hereby approves the expenditure of up to $50,000 for this work,
RESOLVED, further, That the Director of Finance is hereby authorized
and directed to make the following budget appropriation up to $50,000 upon
completion:
FROM: A1990.54440 Contingent Fund $50,000
TO: A1620.54470 Building Repairs $50,000
SEQR ACTION: TYPE II-20
RESOLUTION NO. 62 - BUDGET ADJUSTMENT – FACILITIES
MOVED by Mr. Penniman, seconded by Ms. Schuler. Mr. Proto said the County had spent close to $500,000 for the solar panels and the mitigation is for the energy loss associated with shadowing. He would like to know the formula that determined the amount of mitigation. Mr. Marx explained the formula had been determined some time ago by calculating the energy lost due to shading together with the cost of efficiency improvements that would save the equivalent amount. He explained the shading is primarily in the winter months when energy production is lower. The one-time payment is anticipated to provide annual savings equal to the energy loss.
A voice vote resulted as follows: Ayes - 11; Noes - 0; Excused - 4 (Legislators Blanchard, Kiefer, Herrera, and Winch). RESOLUTION ADOPTED.
WHEREAS, the City of Ithaca is permitting structures of a height
that will permanently shade some portion of the solar panels on the Tompkins
County Public Library, causing loss of electricity to be generated for
County use, and
WHEREAS, the County and City have reached an agreement in this
matter whereby to mitigate this partial loss of renewable energy, the City
has paid the County $41,000 that the County will use for energy efficiency
measures at the Tompkins County Public Library, now therefore be it
RESOLVED, on recommendation of the Facilities and Infrastructure
Committee, That the Director of Finance be directed to make the following
budget adjustment on his books:
Facilities
Revenue Acct
Title
Amt Approp Acct Title(s) _____________
1620.42797 Other Local Govt. $41,000 1620.54470
Building Repairs
Contributions
Explanation: Mitigation payment from City of Ithaca to be used
towards efficiency measures at the Public Library.
SEQR ACTION: TYPE II-20
RESOLUTION NO. 63 - APPROVING CONTRACT FOR AIRPORT MARKETING AND BUSINESS DEVELOPMENT
MOVED by Mr. Penniman, seconded by Mr. Booth. Mr. Proto said he does not feel he can support the resolution, stating that the County has paid approximately $50,000 to benefit the financially unstable airport. He spoke of the long-term parking arrangement made with Cornell University at the time the terminal was built and noted Cornell University's generosity in some areas, however, he feels that paying the salary for a Cornell University employee was not something he could agree to. He then inquired about the potential receipt of the grant referenced in the resolution. Mr. Penniman said the idea is to increase business at the airlines and maintain and improve enplanements, without this happening a potential closing of the airport could require the County to pay several hundred thousand dollars. The agreement covers approximately $58,000 for salary with an approximate thirty-two percent fringe rate and an incentive clause if successful with a maximum of $100,000 local share. If the agreement were successful the local share would reduce as it is based on enplanements and the airport would have an improved revenue stream.
Mr. Marx reported on the Small Airport Service Grant application, noting that the majority of other eligible airports had received a grant during the last year, greatly improving the possibility of a grant award for Tompkins County. As the grant would be mid-year it would cover approximately one-half the salary amount. Mr. Marx indicated there is a great deal of support from our State legislators for the grant as well.
Mrs. McBean-Clairborne expressed a concern the County had invested funds to bring Northwest to Ithaca and now we are being requested to provide additional funding. Mr. Marx explained that the agreement with Northwest is separate with incentives paid by private sources with no County contribution for staff who worked with the Air Service Task Force. The Air Service Committee strongly recommended continuation of a marketing plan and continuation of the present staff who have a working relationship with Cornell alumni and have proven invaluable in the process thus far. He also indicated there are escape clauses for both the County and Cornell.
Mr. Whicher said if the work completed after the first year does not indicate success, the agreement would not be continued. Mr. Whicher said the Air Service Task Force had looked at the overall structure that governed the airport and may come forth with recommendations in the future to modify this aspect of the airport. Mr. Booth said the Air Service Task Force was charged with many responsibilities, one of which was to review the Airport's management structure; obtaining an agreement with Northwest Airlines was an addition to the initial charges. Mrs. McBean-Clairborne said she will support the resolution but feels that any fund balances at the end of fiscal years should be retained to provide for difficulties in future years.
A voice vote on the resolution resulted as follows: Ayes 10; Noes - 1 (Legislator Proto); Excused - 4 (Legislators Blanchard, Herrera, Kiefer, and Winch). RESOLUTION ADOPTED
WHEREAS, the Ithaca Tompkins Regional Airport has worked with the Air
Service Task Force to secure additional commercial air service from a second
air carrier beginning May 2, 2005, and
WHEREAS, the Air Service Task Force has indicated that the successful
negotiation of the agreement for that service was facilitated by staff
support provided by Cornell University, and
WHEREAS, the Air Service Committee appointed by the Chair of the Legislature
has recommended that continuation of the staff services provided by Cornell
is essential to the success of the new service and to increasing overall
activity and service at the Airport, and
WHEREAS, Cornell’s funding for staff providing those services ended
on March 31, 2005, and
WHEREAS, successful marketing and business development efforts at the
Airport will increase airport use, revenues, and profitability, and decrease
the possibility that the airport might run operational deficits in 2005
and 2006, and
WHEREAS, Tompkins County has negotiated an agreement with Cornell University
for marketing and business development services the terms of which have
been reviewed and approved by the Facilities and Infrastructure Committee,
and
WHEREAS, the Airport and Air Service Committee are preparing a grant
application to seek funds that may support a portion of the cost of this
contract, and
WHEREAS, it is expected that at least a portion of this contract will
be covered by the Airport fund balance and/or a request for contingent
funding later in the year, now therefore be it
RESOLVED, on recommendation of the Facilities and Infrastructure Committee,
That the Tompkins County Administrator is authorized to execute a one-year
contract (April 1, 2005 - March 31, 2006) between Cornell University and
Tompkins County in an amount not to exceed $100,000 for marketing and business
development services for the Ithaca Tompkins Regional Airport.
SEQR ACTION: TYPE II-20
Report from the Space Needs and Location Committee
Mr. Proto said the Committee meets on April 13th and will be discussing cost estimates and a summary report for the Health Department, Building Code Analysis and a preliminary discussion of long-term options for the Old Library, short-term options for Office for the Aging, and receive an update on the schedule and scope for the committee.
Report from the Health and Human Services Committee
Ms. Robertson, Chair, reported the Committee will meet on April 18 at 1:00 p.m. She reported the Community Services Board of the Mental Health Board has made a decision based on the request for proposals regarding the single room occupancy residence; Lakeview Mental Health Services, with offices in Ithaca as the provider. This decision must now be approved by the New York State Office of Mental Health.
Minutes
It was MOVED by Mr. Booth, seconded by Ms. Robertson, to approve the minutes of March 1 and 15, 2005 as corrected. MINUTES APPROVED.
Request for Flag
Mr. Lane recommended the flags located at the front of the Legislature chambers be replaced.
Adjournment
On motion the meeting adjourned at 8:28 p.m.
Respectfully submitted by Karen Fuller, TC Legislature Office
Tompkins
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