Tompkins County Legislature

Regular Meeting Notes – Draft 11-14-17

Thursday, November 9, 2017 5:30 PM

Legislature Chambers

 

Call to Order

Mr. Lane, Chair, called the meeting to order at 5:30 p.m.

Pledge of Allegiance to the Flag

              Members and guests participated in the Pledge of Allegiance to the Flag.

Roll Call of Members

Attendee Name

Title

Status

Departed

Will Burbank

Member

Present

 

Carol Chock

Member

Present

 

James Dennis

Member

Present

 

Rich John

Member

Present

 

Anna Kelles

Member

Present

 

Dooley Kiefer

Member

Present

 

Daniel Klein

Vice Chair

Present

 

Michael Lane

Chair

Present

 

Leslyn McBean-Clairborne

Member

Present

 

Martha Robertson

Member

Present

 

David McKenna

Member

Present

 

Glenn Morey

Member

Present

 

Michael Sigler

Member

Present

8:47 PM

Shawna Black

Member

Present

 

Presentation of Proclamations, Petitions, Communications, and Notices

Mr. Lane recognized and welcomed Shawna Black, District No. 11 Legislator, who is completing the term of former Legislator Stein who recently retired.  Ms. Black was also elected in this week’s General Election for the 2018-2021 term.

 

Proclamations

 

Mr. Lane presented a proclamation calling citizens to recognize the valor and sacrifice of our veterans and join in honoring and thanking all veterans and military service members through the observance of Veterans Day on November 11, 2017, to Amy Guererri, Commissioner of Human Resources.

 

Mr. Lane presented a proclamation declaring the Month of November to be Home Health Care Aide Appreciation Month in Tompkins County to Anna Kelles, Chair of the Health and Human Services Committee.

 

Mr. Lane presented a proclamation declaring the Month of November to be Hospice and Palliative Care Month in Tompkins County to Dale Johnson, Executive Director of Hospicare.

 

Announcements of Executive Sessions, Reordering of Business, and Special Orders of the Day

Mr. Lane announced an executive session would be held later in the meeting to discuss labor negotiations, negotiations with respect to real property, and a personnel matter concerning a particular employee.

Privilege of the Floor by the Public

Kathleen Yen, Village of the Lansing, thanked Legislators for their tireless work year-round on the County Budget, particularly Joe Mareane, County Administrator, and the Expanded Budget Committee.  She said it is a very comprehensive budget model.

Report from a Municipal Official(s)

George McGonigal, Common Council member, said Common Council passed the 2018 budget for the City.  The approved Budget exceeded the Mayor’s budget and went above the tax cap levy by a little over 3.5% and the tax rate went up slightly under 1%.  It represents a $21 increase for an average homeowner. 

 

In response to Ms. Kelles, Mr. McGonigal spoke about the Referendum to restructure committees.  The 11 advisory committees will be disbanded and four broader commissions will be organized and each one will have nine members of which seven will have to be City residents.  The Mayor will recommend members through an application process and forward to Common Council for approval.

Privilege of the Floor by Legislators

Ms. Chock congratulated those who ran and were elected to public office.   She recalled last year’s budget vote and said she was brought in by two home health care aides.  She had home health care services for two years and spoke of the workers being compassionate individuals who are doing very difficult work for very low wages.  She urged the Legislature to do whatever possible to increase those wages.

 

Ms. Robertson thanked the volunteers and voters in the recent election.  She shared stories and examples of there being more diverse individuals who were elected to office.

 

Mr. John said at the beginning of the year this was declared to be the Year of the Women and there were activities to honor that.  He recognized the Legislature for having the most female Legislators than ever before for the next term of office. 

 

Mrs. McBean-Clairborne thanked the member of the public for expressing appreciation to the Legislature under Privilege of the Floor this evening.  She spoke of her military service in a foreign country and also recognized her husband, JR, and other family members for their military service.  She described the compassion that home health care aides must have to do their job and said the people who do the hardest work receive the lowest wages.  She recognized the work of Hospicare and the invaluable services they provided to her family members.  She announced a community conversation on the LEAD program will be held on November 13 at 6:30 p.m. at GIAC; it is sponsored by the Drug Policy and Alliance of New York State.

 

Ms. Kelles spoke of how a governing body should represent the people they govern and commented the Legislature will now have more people of color and people from the LBGTQ community.  She also spoke of the value of the work of home health care aides and how hard it is for them to be fully present when they are not fully honored and respected with such low wages.  She spoke of Wizarding Weekend and what a great weekend it was.

 

Ms. Kiefer announced an event “Electrify” that will be held on November 15th at 7 p.m. at Coltivare and encouraged people to attend.  She also spoke of Kathleen Yen who spoke under Privilege of the Floor and said she was responsible for putting factual information online about candidates who filled out a questionnaire. 

 

Mr. Lane expressed his gratitude to his constituents for re-electing him to serve on the Legislature.  He will continue to represent his constituents but also will work with the 13 other Legislators to do what is best for all of the residents of Tompkins County.  He also thanked his opponent, Nathan Busby, for giving people in his district a choice.

 

Mrs. McBean-Clairborne announced November 17th GIAC will hold its annual Harvest Dinner at the Beverly J. Martin gymnasium at 6 p.m.

 

Mr. Sigler also thanked the voters of Lansing for re-electing him. He acknowledged the efforts of his opponent and said it was a hard-fought race.

Special Topical Presentation and/or Legislative Discussion

              Austin Holsteader of PROS, Consulting, LLC, and members of the City of Ithaca Planning Department staff, provided a detailed presentation entitled Ithaca Parks Alternative Governance Model.

Budget, Capital, and Personnel Committee

Resolution No. 2017-212: Adoption of 2018 Tompkins County Budget and 2018-2022 Tompkins County Capital Program (ID #7401)

It was MOVED by Ms. Kiefer, seconded by Mr. McKenna, to amend the tentative budget and add $35,667 to increase the half-time position in the Weights and Measures Department to a 35-hour per week position. 

 

Mr. Ellis explained the need for the position to be full-time and spoke of the amount of learning involved in Weights and Measures. 

 

Legislators Dennis, Robertson, and Lane spoke in opposition of the amendment and believe the new Legislature should look at this next year and see what happens with the Department having a second truck. 

 

              Mr. McKenna said retaining a half-time position is difficult and encouraged the Legislator to support the amendment.

 

              Ms. Chock agrees it takes a lot of time to learn the job and consumer protection is of great importance. 

 

Ms. Kiefer spoke strongly of the work and need for support of the County’s smallest department.

 

A voice vote on the amendment resulted as follows:  Ayes - 6 (Legislators Burbank, Chock, Kelles, Kiefer, McKenna, and McBean-Clairborne); Noes - 8 (Legislators Black, Dennis, John, Klein, Lane, Morey, Robertson, and Sigler).  AMENDMENT FAILED.

 

Mr. John spoke of the budget process and the amount of time taken to hear all input in the thorough process.  He also commented that this budget represents principles for the Legislature that devotes some significant resources to housing and alternatives-to-incarceration programs to try to make the criminal justice system better. 

 

Mr. Lane acknowledged the work of the County Administrator, Budget Officer, and department heads and said the Legislature owes a real debt of gratitude for this process. 

 

This resolution was adopted by a roll call vote.

RESULT:              ADOPTED [UNANIMOUS]

MOVER:              James Dennis, Member

SECONDER:              Glenn Morey, Member

AYES:              Will Burbank, Carol Chock, James Dennis, Rich John, Anna Kelles, Dooley Kiefer, Daniel Klein, Michael Lane, Leslyn McBean-Clairborne, Martha Robertson, David McKenna, Glenn Morey, Michael Sigler, Shawna Black

 

              WHEREAS, the Recommended Budget for the year 2018 and the proposed 2018-2022 Capital Program have been presented to the Legislature by the Budget Officer on September 5, 2017, and a Tentative Budget for the year 2018 and the proposed 2018-2022 Capital Program were adopted by the Legislature for public review on October 17, 2017, and a public hearing was held on October 30, 2017, and all persons desiring to be heard concerning same have been heard, now therefore be it

 

              RESOLVED, on recommendation of the Expanded Budget, Capital, and Personnel Committee, That pursuant to Section 5.07 of the County Charter, the said proposed budget as amended is adopted, subject to the correction of manifest errors by the Clerk of the Legislature and the Budget Officer, as the budget of Tompkins County for the year 2018,             

 

              RESOLVED, further, That pursuant to Sections 5.03, 5.04, and 5.05 of the County Charter, the several amounts specified in such budget opposite each item of expenditure set forth in the column adopted are appropriated for the objects and purposes specified, effective January 1, 2018,

             

              RESOLVED, further, That the sum of $49,143,124 required to meet the local share of expenses and costs of county government in Tompkins County for the fiscal year 2018 as set forth in the budget be assessed against, levied upon, and collected from the taxable property of the nine towns and the city liable therefore,

 

              RESOLVED, further, That this change will result in an approximate tax-levy increase of 2.32%, falling below the Tompkins County adjusted tax cap of 3.53% as calculated according to New York State’s formula, an approximate tax rate of $6.58 per $1,000 of assessed value, which amounts to a rate decrease of approximately 0.60%, and an increase of 2.87% in local spending,

 

              RESOLVED, further, That this tax change will result in an increase of approximately $11.42 on a median-priced home assessed in 2017 at $178,000,

 

              RESOLVED, further, That pursuant to Section 5.07 of the County Charter, the said proposed Capital Program as amended is adopted, subject to the correction of manifest errors by the Clerk of the Legislature and Budget Officer, as the Capital Program of Tompkins County for the years 2018-2022.

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Government Operations Committee

Resolution No. 2017-213: Authorizing Litigation Against Drug Manufacturers for Damages Resulting from Abuse of Opioid Pharmaceuticals (ID #7388)

Mr. Klein explained what was involved with this lawsuit. 

 

Mr. Wood said this is not a class action suit.  Lawsuits are being filed by each municipality and county.  The cost that would be included is the work departments would be required to do in gathering information needed.  The departments impacted would be Social Services, Public Health, Mental Health, Probation, and the Sheriff’s Office.  It is possible that some of the records are not being kept in a way that would produce information needed.  However, this could be an opportunity that may lead to a better design of the County’s reporting systems.

 

Ms. Kelles said another important point is the sharing information and collaboration between departments will be a benefit. 

 

Ms. Kiefer said there are legal reasons to prescribe opioids; these pharmaceutical companies are marketing use in patients who do not necessary need them.  She said she would like to change the wording in the last Resolved and MOVED to amend the resolution, seconded by Ms. Kelles, as follows:

 

“RESOLVED, on recommendation of the Government Operations Committee, That the County Attorney is hereby authorized to commence civil litigation against opioid manufacturers and others who have harmed the County through over-prescription and miss prescription of opioids by promoting the abuse of opioids and to retain counsel to represent the County in such litigation.”

 

              Mr. John said there is appropriate use of opioids.  The County wants to try to address abuse. 

 

              Ms. Chock believes the Committee purposely kept the word abuse in the resolution.  The public has now learned that these companies have performed research, knew what the data said and still marketed these medications to doctors and misrepresented the research and profited off of those misrepresentations; therefore they promoted the abuse and over-prescription. 

 

Ms. Robertson said she opposes the amendment as she wants to go after those who are guilty of abuse. 

 

Ms. Kelles said pharmaceutical companies have relationships with doctors and the amendment most accurately represents what they are doing.  They are not promoting abuse.

 

Mrs. McBean-Clairborne asked who “others” are that is referenced in the resolution.  Mr. Wood said there are cases that involve doctors who are promoters of the drug; this is not part of the local case.  For the most part this lawsuit is not against doctors. 

 

A voice vote resulted as follows on the amendment:  Ayes - 3 (Legislators John, Kelles, and Kiefer); Noes - 11.  AMENDMENT FAILED.

 

Discussion continued on original resolution. 

 

Ms. Black said she is uncomfortable with the amount of time it will take County staff to gather information and opposes the resolution for that reason.  She believes the money spent on this by staff could be used for other purposes.

 

Ms. Kelles said if the County is lacking data, perhaps the lawsuit is the impetus to get the County to produce the data needed.

 

Mr. Burbank believes the data will be useful.  He said New York State Association of Counties had a presentation about the opioid epidemic and one of the things that is really hard to know is the level at which it is happening.  

 

Mr. John said it can be a real burden when a lawsuit is filed.  He has read a lot of what is going on across the country with opioids and a lot of money is being spent to address what is going on because of opioid manufacturers.  He said he will support the resolution.  The rate of prescriptions is not going down.  There is a lot of shame associated with opioid addiction; this lawsuit brings it out into the open and sends a clear message that this is not acceptable.

 

Ms. Kiefer stated for the record that she supports the County joining the lawsuit, but she doesn’t support the wording in the Resolved. 

RESULT:              ADOPTED [12 TO 2]

MOVER:              Daniel Klein, Vice Chair

SECONDER:              Anna Kelles, Member

AYES:              Will Burbank, Carol Chock, James Dennis, Rich John, Anna Kelles, Daniel Klein, Michael Lane, Leslyn McBean-Clairborne, Martha Robertson, David McKenna, Glenn Morey, Michael Sigler

NAYS:              Dooley Kiefer, Shawna Black

 

WHEREAS, opioid manufacturers had prior knowledge of the risks of opioids abuse have misled doctors and patients about the addictive nature of opioids, have misrepresented the dangers of opioids, and have marketed opioids in a manner that promoted addiction, and

 

WHEREAS, opioid manufacturers, distributors, and promoters have been responsible for an opioid epidemic that has harmed the citizens of Tompkins County and financially damaged the County and its taxpayers, and

 

WHEREAS, it is appropriate that the County should recover damages from those parties that have contributed and continue to contribute to County costs in the form of increased social services, policing, treatment, incarceration, and other expenditures, and

 

WHEREAS, numerous New York Counties are pursuing legal action against opioid manufacturers and others that have promoted the abuse of opioids, now therefore be it

 

RESOLVED, on recommendation of the Government Operations Committee, That the County Attorney is hereby authorized to commence civil litigation against opioid manufacturers and others who have harmed the County by promoting the abuse of opioids and to retain counsel to represent the County in such litigation.

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Recess

              Mr. Lane declared recess at 7:53 p.m.  The meeting reconvened at 8:05 p.m.

Chair's Report and Chair's Appointments

Mr. Lane reported he attended the inauguration of the new Ithaca College President, Shirley Collado.  She gave a positive and inspiring speech about trying to uplift the Ithaca College community and to be open to people from all areas of the country and world.

 

Mrs. McBean-Clairborne said it was an honor to speak at the Inaugural Dinner.  The energy of change at Ithaca College given everything they have been doing through and their commitment and equity was inspiring. 

 

Mr. Lane had no appointments.

Report from the County Administrator

              Mr. Mareane congratulated the participants in the election; he has a great respect for people who run for office.  He spoke of the County Budget and said he remains very pleased in how the process works and thinks the product is one that reflects the priorities of this Legislature and the community as well.  It reflected what the community hoped it would do and the Legislature wanted it to do. He said he has appreciated Legislator Dennis’ leadership through the process and spoke of the amount of work that takes place behind the scenes by many County employees.  In particular he gave credit to Kevin McGuire and Marcia Lynch for their hard work.

Report from the County Attorney

              Mr. Wood had no report.

Report from the Finance Director

Mr. Snyder distributed a summary of the Tax Cuts and Jobs Act (H.R. 1) and highlighted how certain provisions of the bill will affect counties.  The two principle changes include (1) Termination of Tax-Exempt Private Activity Bonds; and (2) Repeal of Tax-Exempt Advance Refunding Bonds.  At the request of Chair Lane he has drafted a letter containing elements listed on the report. He noted that these two provisions don’t take away the County’s ability to issue tax-exempt bonds. 

 

Ms. Robertson said it is very important that it is clear to the public that we are taking this position and would also like there to be a press release as this will affect local governments and people all over.

 

There was no objection to having a letter sent under the Chair’s signature. 

Resolutions Added to and Withdrawn from the Agenda

              There were no resolutions added to or withdrawn from the agenda.

Appointment(s) Approved Under the Consent Agenda

Advisory Board Appointment(s) (ID # 7412)

RESULT:              ADOPTED [UNANIMOUS]

MOVER:              Anna Kelles, Member

SECONDER:              Michael Sigler, Member

AYES:              Will Burbank, Carol Chock, James Dennis, Rich John, Anna Kelles, Dooley Kiefer, Daniel Klein, Michael Lane, Leslyn McBean-Clairborne, Martha Robertson, David McKenna, Glenn Morey, Michael Sigler, Shawna Black

 

Tompkins Consolidated Area Transit Board of Directors

Frank P. Proto - County Representative; term expires December 31, 2020

Resolutions Approved Under the Consent Agenda

RESULT:              ADOPTED [UNANIMOUS]

MOVER:              Anna Kelles, Member

SECONDER:              Michael Sigler, Member

AYES:              Burbank, Chock, Dennis, John, Kelles, Kiefer, Klein, Lane, McBean-Clairborne, Robertson, McKenna, Morey, Sigler, Black

Resolution No. 2017-214: Budget Adjustments - Various Community Development Block Grants (CDBG) Activities Through the Use of Grant Funds and Program Income Funds Generated from Previous CDBG Grants (ID #7393)

 

              WHEREAS, pursuant to Administrative Manual Policy 05-02, budget adjustments exceeding $5,000 require Legislative approval, and

 

WHEREAS, the Tompkins County Department of Planning and Sustainability has received funding from several multi-year Community Development Block Grants (CDBG) grants in 2014, 2015, 2016, and 2017, and

 

WHEREAS, the Tompkins County Department of Planning and Sustainability has Program Income Funds that are generated from the repayment of loans from previous CDBG-funded Tompkins County Homeownership Program loans, and

 

WHEREAS, Tompkins County, with the approval of the U.S. Department of Housing and Urban Development (HUD), uses Program Income Funds for its contributions to the Community Housing Development Fund, and

 

WHEREAS, the Tompkins County Legislature has previously approved the Homeownership, and Community Housing Development Fund activities, and

 

WHEREAS, as a result of the multi-year grants, Program Income revenue, and delays in Community Housing Development Fund projects, several adjustments to the 2017 budget are needed to move the funds into the appropriate fiscal year for these activities, now therefore be it

 

              RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the Director of Finance is hereby authorized and directed to make the following budget adjustments for 2017:

 

 

Revenue

Title

Amount

Appropriation

Title

Amount

State CDBG Grants

8688.44959

Federal Aid

$229,870.48

8688.54400

Program Expense

$229,870.48

State CDBG Program Income

8684.42411

Program Income

$73,395.00

8684.54400

Program Expense

$180,000.00

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Resolution No. 2017-215: Authorization to Accept New York State Division of Criminal Justice (NYSDCJS) Crime Prevention Grant Funding - Sheriff's Office (ID #7371)

 

WHEREAS, the Sheriff’s Office has been awarded funding through the New York State Division of Criminal Justice Services (DCJS) Office of Program Development and Funding in the amount of $7,500 for the contract period of October 1, 2017, to September 30, 2018, to assist in law enforcement and crime prevention services in Tompkins County, and

 

WHEREAS, these funds will be used to replace Road Patrol digital cameras to enhance the department’s response to the community, now therefore be it

 

RESOLVED, on recommendation of the Public Safety Committee, That Tompkins County accept these grant funds for the purpose of procuring the aforementioned departmental equipment,

 

RESOLVED, further, That the Finance Director be and hereby is authorized to make the following budget adjustments for 2017:

 

REVENUE:                              3113.44389                            Other Public Safety Revenue                            $7,500

APPROPRIATION:              3113.52220                            Departmental Equipment                            $7,500

 

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Government Operations Committee

Mr. Klein, Chair, said the next meeting will be December 6th.  At the last meeting the Committee received a presentation from County Historian Carol Kammen with a proposal to change the name of the Human Services Building to Elizabeth Beebe. This will come back to the Committee at the next meeting for further discussion.  The Committee will also be discussing policy about County-owned conference rooms. 

Resolution No. 2017-216: Authorization to Enter into an Arrangement with JP Morgan Chase to Provide Tompkins County with Credit by way of a Commercial Card Account (ID #7391)

Ms. Kelles said she opposes the resolution as she doesn’t want to be in a relationship with JP Morgan because of their relationship with the pipeline and natural gas.

RESULT:              ADOPTED [12 TO 2]

MOVER:              Daniel Klein, Vice Chair

SECONDER:              Rich John, Member

AYES:              Will Burbank, Carol Chock, James Dennis, Rich John, Dooley Kiefer, Daniel Klein, Michael Lane, Martha Robertson, David McKenna, Glenn Morey, Michael Sigler, Shawna Black

NAYS:              Anna Kelles, Leslyn McBean-Clairborne

 

WHEREAS the Finance Department has researched the benefits and costs of implementing a Procurement Card (P-Card) program, and

 

WHEREAS the Finance Department, under the direction of the Government Operations Committee, issued a Request for Proposals, and

 

WHEREAS five (5) responses were received and were reviewed by a committee comprised of members from the Finance Department, Accounting and Purchasing Divisions, the Information Technology Services Department, and County Administration, and

 

WHEREAS upon conclusion of the demonstrations requested from three (3) of the responding vendors, the Committee determined that the program offered by JP Morgan Chase would be the most beneficial to the County, and

 

WHEREAS Tompkins County has the power and authority to borrow money and otherwise obtain credit and to grant security on its assets, now therefore be it

 

RESOLVED, on recommendation of the Government Operations Committee, That:

 

1.              Tompkins County is hereby authorized to enter into an arrangement with JP Morgan Chase to provide Tompkins County with credit by way of a Commercial Card account. Under that arrangement select employees, determined eligible by their department head and the Finance Office of Tompkins County, may be issued with Commercial Cards on the MasterCard commercial account of Tompkins County with the Bank, and Tompkins County shall be responsible for the payment of all amounts in full, including fees and interest charged to such account, substantially on the terms and conditions set forth in the draft Commercial Card Agreement; and

 

2.              The County Administrator, or his designee, is hereby authorized to sign for and on behalf of Tompkins County a Commercial Card Agreement with the Bank substantially on the terms and conditions of the draft Commercial Card Agreement, with such changes or modifications as the person(s) so signing may in their/his sole discretion deem appropriate, and to sign such other documents and do such other things as they/he in their/his sole discretion deem appropriate or advisable in connection with or to give effect to such Corporate MasterCard Account Agreement and the program contemplated thereunder.

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Resolution No. 2017-217: Resolution in Support of New York State Legislature Bills S26 and A4072 of 2017, known as the “Tax Returns Uniformly Made Public Act” (ID #7372)

              Following the motion, the following changes submitted by Ms. Kiefer were accepted as friendly:

 

              “WHEREAS, until the 2016 election, every president at least since Jimmy Carter has released at least one or more years of tax returns before taking office, and

 

              WHEREAS, New York State Legislature Bills S26 and A4072 requires that at least 50 days before the general election a candidate for President or Vice President publicly release his/her five most recent Federal income tax returns, and

 

              WHEREAS, S26 and A7042 include the drastic remedy for failure to comply of not allowing the candidates name to appear on the official ballot for the general election, now therefore be it”.

 

              Mr. Sigler believes that other positions are also important and should be required to file.             

 

It was MOVED by Mr. Sigler, seconded by Mr. Morey, to replace the resolution with the following: 

 

“WHEREAS, tax returns give the American people an important insight into a candidate’s financial standing and shine a light on potential conflicts of interest, and

 

“WHEREAS, American presidents, congresswomen and men, state governors, state comptrollers, state attorney generals, state senators and assemblywomen and men should be held to a high standard of transparency, and

 

“WHEREAS, until the 2016 election, every president since Jimmy Carter has released at least one year of tax returns before taking office, now therefore be it

 

“RESOLVED, on recommendation of the Government Operations Committee, That the Tompkins County Legislature expresses its support for New York State Legislature Bills S26 and A4072 of 2017, known as the “tax returns uniformly made public act”, and that it should go further and include candidates for NYS Governor, NYS Assembly and Senate, NYS Comptroller and Attorney General, and NYS Congresswomen and men,

 

“RESOLVED, further, That copies of this resolution be sent to New York State Assemblywoman Lifton, New York State Senators O’Mara, Seward, and Helming, Governor Cuomo, New York State Assembly Speaker Heastie, New York State Assembly Minority Leader Kolb, New York State Senate Majority Leader Flanagan, New York State Senate Democratic Conference Leader Stewart-Cousins, and New York State Senate Independent Democratic Conference Leader Klein.”

 

              Mr. Klein questioned whether the rules to be on the ballot are the same for these people.  Following a brief discussion it was accepted as friendly in the motion by Mr. Sigler to split the first Resolved into two paragraphs and to include only State-wide offices.  

 

              A voice vote resulted as follows on the resolution as offered by Mr. Sigler:  Ayes - 13, Noes - 1 (Legislator Chock).  AMENDMENT TO REPLACE RESOLUTION CARRIED.

 

              The following suggestions by Ms. Chock were accepted as friendly:

 

“WHEREAS, until the 2016 election, every president at least since the 1970s Jimmy Carter has released at least one year of tax returns before taking office, now therefore be it”

 

              WHEREAS, New York State Legislature Bills S26 and A4072 requires that at least 50 days before the general election a candidate for President or Vice President publicly release his/her five most recent Federal income tax returns, and

 

              WHEREAS, S26 and A7042 include the remedy for failure to comply of not allowing the candidates name to appear on the official ballot for the general election, now therefore be it”.

 

Following the vote on the resolution, Mr. Sigler was excused.

RESULT:              ADOPTED [UNANIMOUS]

MOVER:              Dooley Kiefer, Member

SECONDER:              Daniel Klein, Vice Chair

AYES:              Will Burbank, Carol Chock, James Dennis, Rich John, Anna Kelles, Dooley Kiefer, Daniel Klein, Michael Lane, Leslyn McBean-Clairborne, Martha Robertson, David McKenna, Glenn Morey, Michael Sigler, Shawna Black

 

WHEREAS, tax returns give the American people an important insight into a candidate’s financial standing and shine a light on potential conflicts of interest, and

 

WHEREAS, American presidents, congresswomen and men, state governors, state comptrollers, and state attorney generals should be held to a high standard of transparency, and

 

WHEREAS, until the 2016 election, every president at least since the 1970s has released one year of tax returns before taking office, and

 

              WHEREAS, New York State Legislature Bills S26 and A4072 requires that at least 50 days before the general election a candidate for President or Vice President publicly release his/her five most recent Federal income tax returns, and

 

              WHEREAS, S26 and A7042 include the remedy for failure to comply of not allowing the candidates name to appear on the official ballot for the general election, now therefore be it

 

RESOLVED, on recommendation of the Government Operations Committee, That the Tompkins County Legislature expresses its support for New York State Legislature Bills S26 and A4072 of 2017, known as the “tax returns uniformly made public act”,

 

RESOLVED, further, That it should go further and include candidates for New York State Governor, New York State Comptroller and Attorney General, and New York State Congresswomen and men,

 

RESOLVED, further, That copies of this resolution be sent to New York State Assemblywoman Lifton, New York State Senators O’Mara, Seward, and Helming, Governor Cuomo, New York State Assembly Speaker Heastie, New York State Assembly Minority Leader Kolb, New York State Senate Majority Leader Flanagan, New York State Senate Democratic Conference Leader Stewart-Cousins, and New York State Senate Independent Democratic Conference Leader Klein.

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Planning, Development, and Environmental Quality Committee

Ms. Robertson, Chair, reported the Committee met on November 2nd and heard a report on the Property Assisted Clean Energy (PACE), Energize NY program that provides low-cost financing for commercial renewable projects and energy improvements.  There are three active projects and two that have been completed.  The Committee also had an update on transportation issues and discussed the housing capital surplus fund.  The Committee will next meet on December 7th.

Resolution No. 2017-218: Award of Two-Year Forestry Services Contract For County-Owned Forest Lands in the Town of Newfield (ID #7394)

Ms. Kiefer said she does not oppose the resolution but believes there were important comments made at the Committee meeting that should be brought up at this meeting. 

 

Mr. Klein said the County owns between 400 and 500 acres of forest land and that the County’s Forest Management Plan was last updated in 2007.  He said his question was about old growth and it was noted that the consultant has been requested to look at the parcels again.  He further commented that this discussion will come back to Committee.

 

Ms. Borgella agreed to the management of old growth being added to the scope of work by the consultants.  There will also be a review of the 2007 Plan. 

 

In response to Ms. Chock, Mr. Klein said he asked the question about additional costs for this work and it was believed this would not be a problem or that more money would be needed at this time.

 

Following further discussion, the following suggestion by Ms. Chock was accepted as friendly:

 

              “RESOLVED, further, That the contract will take into account management of old growth according to the County’s 2007 Plan.”

RESULT:              ADOPTED [UNANIMOUS]

MOVER:              Martha Robertson, Member

SECONDER:              David McKenna, Member

AYES:              Will Burbank, Carol Chock, James Dennis, Rich John, Anna Kelles, Dooley Kiefer, Daniel Klein, Michael Lane, Leslyn McBean-Clairborne, Martha Robertson, David McKenna, Glenn Morey, Shawna Black

EXCUSED:              Michael Sigler

 

WHEREAS, the Tompkins County Department of Finance duly advertised a Request for Qualifications for forestry services in the Town of Newfield, and

 

WHEREAS, three responses were received and Forecon Forestry and Natural Resources Consultants (Forecon) was selected as the preferred firm to assist the County in assessing County forest land and managing a timber harvest, and

 

WHEREAS, Forecon recommends timber harvests be bid over two seasons so as to allow for highest potential rate of return and compliance with the harvest recommendations in the County Forest Management Plan, and

 

WHEREAS, a two-year contract with Forecon would be required to allow for a timber harvest that could span two seasons, now therefore be it

 

RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That a contract be authorized for two years with Forecon Forestry and Natural Resources Consulting of Cortland, New York, for a total of fifteen thousand dollars ($15,000),

 

RESOLVED, further, That the County Administrator or his designee be authorized to execute any contracts or agreements related to this project,

 

RESOLVED, further, That the contract will take into account management of old growth according to the County’s 2007 Plan.

SEQR ACTION: TYPE II-21

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Resolution No. 2017-219: Affirming Ithaca-Tompkins County Transportation Council (ITCTC) Recommendation to Increase the ITCTC Staff Director's Salary (ID #7396)

              This resolution was adopted by a short roll call vote.

RESULT:              ADOPTED [UNANIMOUS]

MOVER:              Martha Robertson, Member

SECONDER:              Dooley Kiefer, Member

AYES:              Will Burbank, Carol Chock, James Dennis, Rich John, Anna Kelles, Dooley Kiefer, Daniel Klein, Michael Lane, Leslyn McBean-Clairborne, Martha Robertson, David McKenna, Glenn Morey, Shawna Black

EXCUSED:              Michael Sigler

 

WHEREAS, Tompkins County entered into a Memorandum of Understanding with the Ithaca-Tompkins County Transportation Council (ITCTC) on September 30, 1992, agreeing that “…..staff will be hosted by Tompkins County as an administrative rather than a reporting arrangement…… staff is selected by the Council [with] staffing plan, staff qualifications and salary schedule established by the Council”, and


              WHEREAS, Board Resolution No. 99 of 1993 “Clarification of Employment Status - Position of Ithaca-Tompkins County Transportation Council Planning Director” stated the following:


“…the position of Ithaca-Tompkins County Transportation Council Planning Director shall be entitled to the terms and conditions of employment established by this [County] Board for management employees unless otherwise recommended by the Council and established by this [County] Board of Representatives”, and


              WHEREAS, on March 14, 2000, the Director’s salary was modified by ITCTC resolution 2000-01 above the management salary range with the stipulation that the Host Agency, Tompkins County, execute the necessary administrative procedures to implement this modification, and

             

WHEREAS, on February 5, 2002, the Tompkins County Board of Representatives passed Resolution No. 6 Affirming Ithaca-Tompkins County Transportation Council (ITCTC) recommendation to establish the ITCTC Planning Director's salary above the salary range, and

 

WHEREAS, on October 24, 2017, the ITCTC passed Resolution 2017-06 to adjust the salary of the Staff Director, effective January 1, 2018, by 2.25%, and

 

WHEREAS, in keeping with the County’s requirement that salaries established above the salary range be authorized exclusively by resolution, and to establish or affirm recommendations made by ITCTC that are contrary to the terms and conditions of employment for management staff, now therefore be it

 

RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the Tompkins County Board affirm the 2.25% increase of the salary for the Ithaca-Tompkins County Transportation Council Planning Director to a total of $89,583, effective January 1, 2018, as approved by the Ithaca-Tompkins County Transportation Council.

SEQR ACTION:  TYPE II-20

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Resolution No. 2017-220: Resolution of the Tompkins County Legislature, as the Elected Legislative Body of Tompkins County, New York, in Accordance with Section 147(f) of the Internal Revenue Code of 1986, as Amended (the "Code"), Approving the Issuance by the Tompkins County Development Corporation of up to $13,500,000 Aggregate Principal Amount Tax-Exempt Revenue Bonds (Ithacare Center Service Company, Inc. [dba Longview]), Series 2017 (ID #7390)

              This resolution was adopted by a roll call vote.

RESULT:              ADOPTED [UNANIMOUS]

MOVER:              Martha Robertson, Member

SECONDER:              Anna Kelles, Member

AYES:              Will Burbank, Carol Chock, James Dennis, Rich John, Anna Kelles, Dooley Kiefer, Daniel Klein, Michael Lane, Leslyn McBean-Clairborne, Martha Robertson, David McKenna, Glenn Morey, Shawna Black

EXCUSED:              Michael Sigler

 

              WHEREAS, the Tompkins County Legislature (the "Legislature"), as the elected legislative body of Tompkins County, New York (the "County"), has been advised by the Tompkins County Development Corporation (the "Issuer") that, in order to assist in the financing of a certain Project (as defined below) for the benefit of Ithacare Center Service Company, Inc.  (the "Company), a not-for-profit corporation and organization described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the "Code"), the Issuer proposes to issue, contingent upon the adoption of this Resolution, its Tax-Exempt Revenue Bonds (Ithacare Center Service Company, Inc. Project), Series 2017 in one or more series, in an aggregate principal amount not to exceed $13,500,000 (the "Bonds"), and

 

WHEREAS, the project (the "Project") shall consist principally of financing all or a portion of the cost of:

 

(1) the refinancing of the outstanding principal amount $14,600,000 Tompkins County Industrial Development Agency (the "IDA") Variable Rate Demand Civic Facility Revenue Bonds (Ithacare Center Service Company, Inc. Project), Series 2008 (the "Series 2008 Bonds"), the proceeds of which were used to provide funds to the Company to undertake a certain project (the "Project"), consisting of: (A) the refunding of the IDA’s $11,350,000 original principal amount Civic Facility Revenue Bonds (FHA Insured Mortgage-Ithacare Center Service Company, Inc. Project), Series 1997 (the "1997 Bonds"), the proceeds of which were used to finance (i) the acquisition, construction, and equipping on approximately 28 acres of land located at 1 Bella Vista Drive (also known as 980 Danby Road), in the Town of Ithaca, Tompkins County, New York (the "Land") of an approximately 129,700 square-foot licensed adult home and HUD-approved assisted-living facility (the "Existing Improvements") and (ii) the acquisition and installation in and around the Existing Improvements of certain items of machinery, equipment, furniture, and other tangible personal property (the "Existing Equipment"); (B) the acquisition, construction, and equipping on the Land of an approximately 24,700 square-foot expansion to the Existing Improvements to house an additional thirty-two (32) residential care beds and related improvements (the "Improvements"); (C) the acquisition and installation in and around the Existing Improvements and Improvements of certain items of machinery, equipment, furniture, and other tangible personal property (the "Equipment"; and, collectively with the Land, the Existing Improvements and the Improvements, the "Facility"); (D) the funding of a debt service reserve fund to secure the 2008 Bonds; (E) the payment of certain costs and expenses incidental to the issuance of the 2008 Bonds (the costs associated with items (A) through (E) above being hereinafter collectively referred to as the "2008 Project Costs"); and (F) the lease (with an obligation to purchase) or sale of the facilities financed with the 2008 Bonds to the Company; and

 

(2) the  funding of a debt service reserve fund, if any and certain costs incidental to the issuance of the Bonds (the costs associated with items (A) and (B) being hereinafter collectively referred to as the "Project Costs"), and

 

WHEREAS, the Issuer proposes to assist in the financing of the Project by issuing the Bonds to (i) pay all or a substantial portion of the cost of financing the Project, and (ii) pay reserves and costs incidental to the issuance of the Bonds, and

 

              WHEREAS, pursuant to Section 147(f) of the Code, interest on the Bonds will not be excluded from gross income for Federal income tax purposes unless the issuance of the Bonds is approved by the Legislature after a public hearing to consider both the issuance of the Bonds and the nature and location of the facilities financed therewith has been conducted following reasonable public notice, and

 

WHEREAS, Wednesday, November 1, 2017, at the South Hill Business Campus, 950 Danby Road, Ithaca, New York 14850, the Issuer held such a public hearing upon proper notice in compliance with Section 147(f) of the Code, and

 

WHEREAS, to aid the Legislature in its deliberations, the Issuer has made available to the members of the Legislature prior to this meeting (a) the Company's application to the Issuer for financial assistance; (b) the notice of public hearing published by the Issuer in The Ithaca Journal on October 17, 2017, along with the affidavit of publication of such newspaper; and (c) the minutes of such public hearing held on November 1, 2017, and

 

WHEREAS, on November 2, 2017, the Tompkins County Planning, Development and Environmental Quality Committee recommended that the Legislature, as the "applicable elected representative" of Tompkins County, New York, within the meaning of Section 147(f)(2)(E) of the Code, approve the issuance of the Bonds, and

 

WHEREAS, the Legislature, after due consideration of the foregoing, as the "applicable elected representative" of Tompkins County, New York, within the meaning of Section 147(f)(2)(E) of the Code, desires to approve the issuance of the Bonds, provided the principal, premium, if any, and interest on the Bonds shall be special obligations of the Issuer and shall never be a debt of the State of New York (the "State") or any political subdivision thereof, including without limitation the County, and neither the State nor any political subdivision thereof, including without limitation the County, shall be liable thereon, now therefore be it

 

RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, and by the County Legislature of Tompkins County, That:

 

Section 1.              For the purpose of satisfying the approval requirement of Section 147(f) of the Code, on the prior recommendation of the Tompkins County Planning, Development and Environmental Quality Committee, the Legislature hereby gives its approval of the issuance by the Issuer of the Bonds and related acts to be taken by the Issuer as part of the Project, provided that the Bonds, and the premium (if any) and interest thereon, shall be special obligations of the Issuer and shall never be a debt of the State or any political subdivision thereof, including without limitation the County, and neither the State nor any political subdivision thereof, including without limitation the County, shall be liable thereon.  This approval is given pursuant to Section 147(f) of the Code for the sole purpose of qualifying the interest payable on the Bonds for exclusion from gross income for federal income tax purposes pursuant to the provisions of Sections 103 and 141-150 of the Code.

 

Section 2.              This Resolution shall be deemed to be made for the benefit of the holders of the Bonds.

 

Section 3.              This Resolution shall take effect immediately.

SEQR ACTION:  TYPE II-20

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Budget, Capital, and Personnel Committee

Mr. Dennis, Chair, said the Committee will next meet on November 14th.

Jail Study Committee

Mr. John, Chair, said the Committee will next meet on November 16th.

Workforce Diversity and Inclusion Committee

Mrs. McBean-Clairborne, Chair, said the Committee met on October 25th and had an opportunity to review the LBGTQ+ toolkit for law enforcement as created by the staff of the Office of Human Rights.  Following that the Committee began a discussion of how to move policy along within the County that would help inform all law enforcement around those issues, particular transgender and those who have different gender identities.  A subcommittee has been put together to begin the process to move this forward.  This coincides nicely with the training for County employees that was commissioned through the Gay Alliance of Rochester.  The Committee also revisited the discussion on how contract agencies or other community social service agencies that receive County funding are being evaluated on how they are doing with regard to diversity and inclusion.  Kathy Schlather of the Human Services Coalition will be asked to attend a meeting to discuss this with the Committee.  She recognized the Public Arts Commission in the art that is being commissioned through the City and County.  On November 18th at 11 a.m. there will be an unveiling of the Muslim Cultural Mural in the Green Street parking garage.   The Committee will be discussing the training that will be happening for all County employees on interacting and being respectful and managing employees who have various identities.  The Committee will also begin work on the next Climate Survey.  She acknowledged and recognized Xavier Rusk and Kim Cornish for bringing work they have been doing to the Committee.  She also said the Committee is always open to new members.

Public Safety Committee

Mr. John, Chair, said the Committee will next meet on November 16th.

Health and Human Services Committee

              Ms. Kelles, Chair, said the Committee will next meet on November 20th and will have a presentation on the recent requirement for charges at the shelter.

Facilities and Infrastructure Committee

Mr. McKenna, Chair, said the Committee will next meet on November 14th.

Transportation Committee

Mr. Lane, Chair, said the Committee will next meet on November 27th and will discuss Route 13 and other highways.

Minutes of Previous Meeting

October 17, 2017

RESULT:              ACCEPTED [12 TO 1]

MOVER:              Rich John, Member

SECONDER:              Leslyn McBean-Clairborne, Member

AYES:              Burbank, Chock, Dennis, John, Kelles, Klein, Lane, McBean-Clairborne, Robertson, McKenna, Morey, Black

NAYS:              Dooley Kiefer

EXCUSED:              Michael Sigler

October 30, 2017

RESULT:              ACCEPTED [11 TO 2]

MOVER:              Anna Kelles, Member

SECONDER:              David McKenna, Member

AYES:              Burbank, Chock, John, Kelles, Klein, Lane, McBean-Clairborne, Robertson, McKenna, Morey, Black

NAYS:              James Dennis, Dooley Kiefer

EXCUSED:              Michael Sigler

Executive Session

              It was MOVED by Mrs. McBean-Clairborne, seconded by Mr. McKenna, and unanimously adopted by voice vote by members present, to hold an executive session at 9:23 p.m. to discuss labor negotiations, a personnel matter about a particular person, and real estate negotiations.  The meeting returned to open session at 10:18 p.m.

Adjournment

              The meeting adjourned at 10:18 p.m.