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Tompkins County Legislature

Action Summary for Resolutions


Tuesday, February 21, 2017 5:30 PM
Legislature Chambers

Regular Agenda

Resolution No. 2017-21: Resolution to Maintain a Safe, Inclusive Government and Ensure the
Protection, Order, Conduct, Safety, Health, and Well-Being of All
Persons in Tompkins County (ID #6859)

RESULT: ADOPTED [11 TO 2]


MOVER: Anna Kelles, Member
SECONDER: Carol Chock, Member
AYES: Will Burbank, Carol Chock, James Dennis, Rich John, Anna Kelles, Dooley
Kiefer, Daniel Klein, Michael Lane, Leslyn McBean-Clairborne, Martha
Robertson, Peter Stein
NAYS: David McKenna, Glenn Morey
EXCUSED: Michael Sigler

WHEREAS, Tompkins County commits to maintaining a safe, inclusive, and welcoming


community recognizing the inherent equality and human dignity of ALL people, and

WHEREAS, racism, xenophobia, Islamophobia, anti-Semitism, homophobia, gender identity, sex,


victims of domestic violence, familial status, and religious persecution of any kind threatens public safety
and the peaceful foundations of a civilized society, and

WHEREAS, the establishment of a registry, or the detention or deportation of millions of


people currently living in this country, for reasons solely related to their citizenship, immigration status,
race, ethnicity, national origin, or religion, runs contrary to core American values, and

WHEREAS, the inhumane application of immigration laws that separate loved ones from each
other and their communities, especially children from parents and caretakers, undermines the integrity of
families and is contrary to the best interest of children, and

WHEREAS, the mere fact of being present in the United States without authorization, by itself,
does not constitute a crime, and

WHEREAS, several groups of immigrants, including permanent residents, visa holders, refugees,
and people who are undocumented, who come to this country with varied skill sets and support from their
home country, are all integral to the current structure and prosperity of our local, state, and national
economy, from the food system to academia and business, and

WHEREAS, immigrants, refugees, and racial, ethnic, and religious minorities make ongoing
contributions to the economic, cultural, and spiritual prosperity of our community at the local, state, and
national level, including those who have sacrificed in defense of the United States as members of the
armed forces, and

WHEREAS, Articles I and II of the U.S. Constitution expressly grant the federal government
exclusive power to establish and enforce immigration laws, and

WHEREAS, the Tenth Amendment to the U.S. Constitution prohibits the federal government

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Action Summary for Resolutions
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from commandeering state or local officials to enforce immigration law, and likewise prohibits state or
local officials from acting unilaterally on immigration matters where the federal government has
preempted the field, and

WHEREAS, under the Home Rule powers granted by the New York State Constitution, as
implemented by the Municipal Home Rule Law, Tompkins County has authority to adopt local laws
relating to the government, protection, order, conduct, safety, health, and well-being of persons that are
not inconsistent with the State Constitution or a general state law, and

WHEREAS, on January 19, 2017, the Civil Rights Bureau of the New York State Attorney
Generals office issued a legal roadmap outlining the extent to which state and local jurisdictions are
permitted under law to decline to participate in federal immigration investigation and enforcement, and

WHEREAS, Tompkins County supports existing efforts being made by County Departments,
officers, personnel and agents, including law enforcement officers, to ensure public safety through
relationships built on trust and good-will, especially with individuals who are vulnerable to exploitation
and abuse due to their citizenship, immigration status, race, ethnicity, national origin, gender identity, sex,
victims of domestic violence, familial status, or religion, and

WHEREAS, Tompkins County supports criminal investigations and associated actions that are
authorized by law, and not solely related to an individuals citizenship, immigration status, race, ethnicity,
national origin, gender identity, sex, victims of domestic violence, familial status, or religion, and

WHEREAS, Tompkins County Departments, officers, personnel, and agents, have a legal,
practical, and moral imperative when carrying out official duties to uphold the U.S. Constitution,
including the principles of federalism and separation of powers, now therefore be it

RESOLVED, on recommendation of the Health and Human Services Committee, That the
Tompkins County Legislature affirms its support for the current practices of our Sheriff and our
departments, in particular those outlined in this resolution, as they pertain to the Countys aim to maintain
a safe, inclusive government and the protection, order, conduct, safety, health, and well-being of all
persons in Tompkins County, and urges continued adherence to constitutional, federal, and state laws,

RESOLVED, further, That County Departments, officers, personnel, and agents should not
engage in certain activities solely for the purpose of enforcing federal immigration law, including:

A. executing a stop, questioning, interrogating, investigating, or arresting an individual


based solely on any of the following:

a. Actual or suspected immigration or citizenship status; or

b. A civil immigration warrant, administrative warrant, or an immigration detainer in


the individuals name, including those identified in the National Crime Information
Center (NCIC) database;

B. performing the functions of a federal immigration officer or otherwise engaging in the


enforcement of federal immigration law--whether pursuant to Section 1357(g) of Title 8
of the United States Code or under any other law, regulation, or policy,

RESOLVED, further, That County officers or agents should honor detainer requests from federal

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agents only in the following limited, specified circumstances:

A. when a civil immigration detainer from federal agents to detain or transfer an


individual for immigration enforcement or investigation purposes for up to 48 hours is
accompanied by a judicial warrant,

a. except that a person may be detained for up to 48 hours on a civil immigration


detainer, in the absence of a judicial warrant if there is probable cause to believe that
the individual has illegally re-entered the country after a previous removal or return
as defined by 8 U.S.C. 1326, and

i. the individual has been convicted at any time of (i) a violent or serious crime
as defined under section 14-154 (a) (6) of the Administrative Code of the City of
New York or (ii) a federal crime or crime under the law of another state that
would constitute a predicate felony conviction, as defined under the New York
Penal Law, for any of the preceding felonies; or

ii. there is probable cause to believe that the individual has or is engaged in an
activity of terrorism, which is an activity forbidden by law and intended to
intimidate or coerce a population, influence government policy, or affect
government conduct through violence,

RESOLVED, further, That County Departments, officers, personnel, and agents shall not inquire
about or collect from individuals, including but not limited to a crime victim, a witness, or a person who
calls or approaches the police seeking assistance, information concerning citizenship or immigration
status unless necessary to perform official duties and shall prohibit the use or disclosure of such
information in any manner that violates, local, state, or federal law,

RESOLVED, further, That County Departments, officers, personnel, and agents may respond to
federal requests for information upon presentation of a judicial warrant, but that absent a judicial warrant,
will not disclose certain non-public, sensitive information about an individual, such that:

A. County Departments, officers, personnel, and agents may respond affirmatively to a


request by a federal agent for non-public information about an individual-including but
not limited to non-public information about an individuals release, home address, or
work address - ONLY IF the request is accompanied by a judicial warrant,

a. EXCEPT THAT nothing in this resolution prohibits any local entity or official from:

i. sending to or receiving from any local, state, or federal agency - as per 8 U.S.C.
1373- (1) information regarding an individuals country of citizenship if
known or (2) a statement of the individuals immigration status if known; or

ii. disclosing information about an individuals criminal arrests or convictions,


where disclosure of such information about the individual is otherwise permitted
by state law or required pursuant to subpoena or court order; or

iii. disclosing information about an individuals juvenile arrests or delinquency or


youthful offender adjudications, where disclosure of such information about the
individual is otherwise permitted by state law or required pursuant to subpoena

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or court order,

iv. disclosing information about an individual when the County Department,


officers, personnel, or agent is acting pursuant to a court ordered investigation
on an individual who has been convicted of a misdemeanor or felony,

RESOLVED, further, That County Departments, officers, personnel, and agents shall not provide
federal agents with access to an individual in their custody or the use of agency facilities or resources to
question or interview such individual if the federal agents sole purpose is enforcement of federal
immigration law,

RESOLVED, further, That County Departments, officers, personnel, and agents shall protect the
due process rights of persons about whom federal immigration enforcement requests have been made,
including providing those persons with appropriate notice, and:

A. ensuring that bail and/or release from custody upon posting of bail shall not be delayed
solely because of (1) an individuals citizenship or immigration status, (2) a civil
immigration warrant, or (3) a federal agency request, for the purposes of immigration
enforcement, requests notification about, transfer of, detention of, or an interview or
interrogation of that individual;

B. upon receipt of a federal detainer, transfer, notification, interview, or interrogation


request, providing a copy of that request to the individual named therein and informing
the individual whether the request will be honored before communicating a response to
the requesting agency;

C. subjecting individuals in custody to the same booking, processing, release, and transfer
procedures, policies, and practices, regardless of actual or suspected citizenship or
immigration status,

RESOLVED, further, That it shall continue to be the practice that local agency resources should
not be used to create a federal registry based on citizenship, immigration status, race, ethnicity, national
origin, gender identity, sex, victims of domestic violence, familial status, or religion,

RESOLVED, further, That no County Department, officer, personnel, or agent shall use County
monies, facilities, property, equipment, or personnel to investigate, enforce, or assist in the investigation
or enforcement of any federal program requiring registration of individuals on the basis of citizenship,
immigration status, race, ethnicity, national origin, gender identity, sex, victims of domestic violence,
familial status, or religion,

RESOLVED, further, That County Departments, officers, personnel, and agents shall limit the
collection of immigration-related information and ensure non-discriminatory access to benefits and
services, such that

A. No inquiry or request for proof shall be made regarding an individuals citizenship or


immigration status when services or benefits are provided, except where the receipt of
such services or benefits are contingent upon ones citizenship or immigration status, or
where inquiries are otherwise lawfully required by federal, state, or local laws; and

B. Tompkins County has established and shall maintain a formal Language Assistance

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Policy for individuals with Limited English Proficiency and provide interpretation or
translation services consistent with that policy, consistent with its obligations under Title
VI of the Civil Rights Act of 1964, and Department of Health and Human Services
Regulations,

RESOLVED, further, That regarding their receipt of, and response to, federal requests for the sole
purpose of monitoring compliance with all applicable laws, County Departments, officers, personnel, and
agents should collect and report aggregate data containing no personal identifiers,

RESOLVED, further, That County Departments, officers, personnel, and agents shall record,
solely to create the semi-annual reports described below, the following for each immigration detainer,
notification, transfer, interview, or interrogation request received from federal agents:

A. Date and time that the subject individual was taken into local law enforcement custody,
the location where the individual was held, and the arrest charges;

B. Date and time the request was received;

C. The requesting agency;

D. Immigration or criminal history indicated on the request form, if any;

E. Whether the request was accompanied with any documentation regarding immigration
status or proceedings, e.g., a judicial warrant;

F. Whether a copy of the request was provided to the individual and, if yes, the date and
time of notification;

G. The response to the request, including a decision not to fulfill the request;

H. If applicable, the date and time that federal agents took custody of, or was otherwise
given access to, the individual; and the date and time of the individuals release from
custody;

I. Whether the individual consented to the request;

J. Whether the individual requested to confer with counsel regarding the request,

RESOLVED, further, That County Departments, officers, personnel, and agents shall provide
annual reports to the County Legislature and County Clerk regarding the information collected according
to the previous resolved, in an aggregated form, that is stripped of all personal identifiers in order that
compliance with all applicable law may be monitored,

RESOLVED, further, That all County Departments, officers, personnel, and agents, including but
not limited to law enforcement, education, health and safety departments, and private individuals
delegated authority to carry out County functions, are directed to incorporate policies into their standard
training and operational procedures outlining these protections and directing compliance with them,

RESOLVED, further, That given that inalienable rights should be universally honored and
preserved and not restricted by geographic boundaries, Tompkins County urges our State legislature and

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Governor Andrew Cuomo to enact a measure ensuring the lawful and non-discriminatory treatment of
anyone present in the State of New York, regardless of immigration status,

RESOLVED, further, That the County intends that the provisions of this Resolution are severable,
and that the invalidity of any part does not affect the validity of any remaining part,

RESOLVED, further, That the Clerk of the Legislature send copies of this resolution to Senators
Charles Schumer and Kirsten Gillibrand; to Congressman Tom Reed; State Senators Tom OMara, James
Seward, and Pamela Helming; State Assemblymember Barbara Lifton; and Governor Andrew Cuomo.
SEQR ACTION: TYPE II-20

*********

Resolution No. 2017-22: Authorizing a $100,000 Supplemental One-Time Appropriation to


Opportunities, Alternatives, and Resources, Inc., to Expand Its Range
of Services to Include Housing for Individuals Released from
Incarceration at the Tompkins County Jail (ID #6865)

RESULT: ADOPTED [UNANIMOUS]


MOVER: Rich John, Member
SECONDER: Will Burbank, Member
AYES: Will Burbank, Carol Chock, James Dennis, Rich John, Anna Kelles, Dooley
Kiefer, Daniel Klein, Michael Lane, Martha Robertson, David McKenna, Glenn
Morey, Peter Stein
EXCUSED: Leslyn McBean-Clairborne, Michael Sigler

WHEREAS, Tompkins County is dedicated to reducing its jail population by assisting individuals
to constructively re-enter the community following incarceration, and

WHEREAS, the near-absence of transitional re-entry housing presents a significant barrier to


such constructive re-entry, and

WHEREAS, Tompkins County has a longstanding and beneficial relationship with Opportunities,
Alternatives, and Resources of Tompkins County, Inc. (OAR), a not-for-profit organization whose
mission is to advocate for, and assist, people who are or have been incarcerated in the Tompkins County
Jail, and

WHEREAS, OAR is a pillar of the Countys alternatives-to-incarceration and re-entry system,


and receives the Countys support for a range of services including bail support, re-entry counseling, and
most recently, the Upstate College Initiative, and

WHEREAS, OAR is now seeking to augment its services by providing housing opportunities to
4-5 clients in a residential structure it intends to acquire and renovate, and

WHEREAS, OAR has created a subsidiary housing organization, OAR Housing LLC, to protect
the core mission of OAR from liability associated with this and any future residential projects, and

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Action Summary for Resolutions
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WHEREAS, OAR has requested a one-time, $100,000, increase in its 2017 County appropriation
to provide it the capacity to expand its range of services to include transitional housing for individuals
released from incarceration at the Tompkins County Jail, and

WHEREAS, OAR has indicated its willingness and intent to offset this supplemental
appropriation through adjustments in future budgeted appropriations from the County, and

WHEREAS, particularly in light of increasing State pressure to reduce its Jail population, it is in
the Countys interest to support the creation of such transitional housing, now therefore be it

RESOLVED, on recommendation of the Public Safety and the Budget, Capital, and Personnel
Committees, That the Director of Finance be and hereby is directed to make the following budgetary
appropriations:
FROM: 1990.54400 Contingent Fund $100,000
TO: 6315.54400 OAR Core Svcs $100,000

SEQR ACTION: TYPE II-20

*********

Consent Agenda

Resolution No. 2017-23: Acceptance of Funds from the Park Foundation - Youth Services (ID
#6854)

WHEREAS, pursuant to Administrative Manual Policy 05-02, budget adjustments exceeding


$5,000 require Legislative approval, and

WHEREAS, the Tompkins County Youth Services Department applied for and received a Park
Foundation Grant in the amount of $10,000, and

WHEREAS, the grant is to support the Youth Employment Research Project to look deeper into
the ways youth are provided youth employment services within Tompkins County, and

WHEREAS, the Tompkins County Youth Services Department will spearhead the research and
data developments on who are the youth currently being served through subsidized employment and who
are the youth not being served that are in need of this service in conjunction with the Workforce
Development Board, now therefore be it

RESOLVED, on recommendation of the Health and Human Service Committee, That the Director
of Finance be and hereby is directed to make the following 2017 budget adjustment as follows:

T.C. Youth Services Department

Revenue Acct Title Amount


7020.42070 Contributions from Private Agencies $10,000

Appropriation Acct Title Amount


7020.51000655 Program Management Specialist $6,555

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Action Summary for Resolutions
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7020.58800 Fringes (43.41%) $2,845


7020.54400 Program Expenses $ 600
SEQR ACTION: TYPE II-20

*********

Resolution No. 2017-24: Authorization to Increase Funding from the Workforce Development
Board Agreement - Budget Adjustment - Youth Services (ID #6850)

WHEREAS, pursuant to Administrative Manual Policy 05-02, budget adjustments exceeding


$5,000 require Legislative approval, and

WHEREAS, the Tompkins County Youth Services Department has entered into a contract with
the Workforce Development Board (WDB) for services related to youth employment, and

WHEREAS, the WDB wishes to increase said contract as per OTR#79 approved in the 2017
budget as on-going target funds in the amount of $14,688, and

WHEREAS, the Tompkins County Youth Services Department, Program Management Specialist,
will provide increased program monitoring and youth employment services for WDB, and

WHEREAS, the WDB also wishes to provide additional training for the program staff member
through attendance at the 2017 New York Association of Training and Employment Professionals Youth
Academy Conference in Saratoga Springs, and

WHEREAS, the WDB will increase the current contract further by $1,200 to cover the costs of
conference registration, lodging, travel, and meals, now therefore be it

RESOLVED, on recommendation of the Health and Human Service Committee, That the Director
of Finance be and hereby is directed to make the 2017 budget adjustment as follows:

Youth Services Department


Revenue Acct. Title Amt
7020.42797 Other Local Govt Cont $15,888

Appropriation Acct. Title Amt


7020.51000655 Program Management Specialist $9,832
7020.58800 Fringes (43.41%) $4,268
7020.54400 Program Expense $488
7020.54412 Travel/training $1,200
7020.54414 Local Mileage $100

SEQR ACTION: TYPE II-20

*********

Resolution No. 2017-25: Award of Bid - CFR/ARFF (Crash, Fire, Rescue/Airport Rescue Fire
Fighting) Building Roof Repair - Ithaca Tompkins Regional Airport (ID
#6864)

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WHEREAS, the Finance Department has duly advertised for bids to repair the CFR/ARFF
(Crash, Fire, Rescue/Airport Rescue Fire Fighting) Building Roof for the Ithaca Tompkins Regional
Airport, and

WHEREAS, eight (8) bids were duly received for the project, and

WHEREAS, after consultation with the New York State Department of Transportation
(NYSDOT) it was determined that Tower Roofing Company, Inc., of Endwell, New York, was the lowest
responsible bidder, and will be awarded the bid for the CFR/ARFF Building Roof repair for a total cost of
$62,500.00, and

WHEREAS, the budget for said project is as follows:

NYSDOT (AIR99 Grant) (80%) $50,000.00


Airport Funds (5640 Account) (20%) $12,500.00

Total $62,500.00
, now therefore be it

RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the


CFR/ARFF Building Roof repair project be awarded to Tower Roofing Company, Inc., as the lowest
responsible bidder with a bid of $62,500.00,

RESOLVED, further, That the local share is derived from the Airport Budget (account 5640) and
that the Finance Director be and hereby is authorized to advance payments for this project until
reimbursement is received from the NYSDOT.
SEQR ACTION: TYPE II-25

*********

Resolution No. 2017-26: Approval of 2017 Succession of Members of the County Legislature to
Serve in the Absence of the Chair and Vice Chair (ID #6823)

WHEREAS, Section 2.06 of the County Charter, specifies the succession of members of the
Legislature be designated annually by resolution to serve in the absence of the Chair and Vice Chair, and

WHEREAS, the Government Operations Committee recommends the chairs of standing


committees be designated taking into consideration availability and Legislative experience, now therefore
be it

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


order of succession of County Legislators for the year 2017 or until successors are appointed be approved
to serve in the absence of the Chair and Vice Chair:
Dooley Kiefer
Martha Robertson
James Dennis
SEQR ACTION: TYPE II-20

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Action Summary for Resolutions
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*********

Resolution No. 2017-27: Appointment of Climate Smart Communities Coordinator for Tompkins
County (ID #6834)

WHEREAS, the Tompkins County Legislature through Resolution No. 2009-65 pledged to
participate in the New York State Department of Environmental Conservations Climate Smart
Communities Initiative in order to reduce greenhouse gas emissions and adapt to a changing climate, and

WHEREAS, a Climate Smart Communities Certification Program has been developed to provide
local governments with a framework to guide climate action and enable high-performing communities to
achieve recognition for their leadership, and

WHEREAS, the Tompkins County Department of Planning and Sustainability, under the
leadership of the Commissioner of Planning and Sustainability, is pursuing Climate Smart Communities
certification on behalf of the County, and

WHEREAS, achieving Climate Smart Communities certification would help to make the County
eligible for funding through the New York State Energy Research and Development Authoritys
(NYSERDA) Clean Energy Communities program, would make other state funding applications more
attractive, and would provide recognition for the Countys climate action leadership, and

WHEREAS, to become a Certified Climate Smart Community, one of the actions Tompkins
County must take is to appoint a Climate Smart Communities Coordinator, and

WHEREAS, the duties and work program of the Department of Planning and Sustainability align
with the goals of the Climate Smart Communities program, now therefore be it

RESOLVED, on recommendation of the Planning, Development, and Environmental Quality


Committee, That Tompkins County hereby appoints the Tompkins County Commissioner of Planning and
Sustainability, or the Commissioners designee, as Tompkins Countys Climate Smart Communities
Coordinator for the New York State Department of Environmental Conservations Climate Smart
Communities Initiative.
SEQR ACTION: TYPE II-20

*********

Resolution No. 2017-28: Negative Declaration for Authorizing Disbursement of the Community
Housing Development Fund Award for Second Wind Cottages
Expansion (ID #6832)

WHEREAS, the Tompkins County Legislature through Resolution No. 154 of 2015, authorized
funding for the Community Housing Development Fund Program, and

WHEREAS, the Community Housing Development Fund assists the development costs
associated with residential and mixed-use real estate development projects primarily benefiting low- and
moderate-income households, and requires that newly constructed or rehabilitated homes supported by
the program are not only made available to low- to moderate-income households, but also remain
affordable to future generations of renters and buyers, and

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WHEREAS, Resolution No. 37 of 2017 would authorize the disbursement of County funds in
support of the Second Wind Cottages Expansion project at 1435 Elmira Road in the Town of Newfield,
and

WHEREAS, the Tompkins County Health Department as lead agency for SEQR review of this
project, previously known as the Guidi Cottage Development, completed a Full Environmental
Assessment Form for this project at 1435 Elmira Road in the Town of Newfield in June 2013, and

WHEREAS, the Tompkins County Health Department determined this project to be a Type I
Action with a Negative Declaration, and

WHEREAS, Tompkins County concurs with the SEQR Negative Determination of the Guidi
Cottage Development, since renamed the Second Wind Cottages, now therefore be it

RESOLVED, on recommendation of the Planning, Development, and Environmental Quality


Committee, That the authorization of the Community Housing Development Fund disbursement and the
subsequent construction of the project listed above adequately protects and preserves the environment and
will not have any potentially significant adverse effects on the environment.
SEQR ACTION: Full Environmental Assessment Form on File with the Legislature Clerk

*********

Resolution No. 2017-29: 2017 Strategic Tourism Implementation Program Budget Adjustment (ID
#6849)

WHEREAS, the Tompkins County Legislature accepted the 2020 Strategic Tourism Plan on
September 18, 2012, and

WHEREAS, in 2016 the Tompkins County Strategic Tourism Planning Board (STPB) adopted an
Agriculinary Tourism Implementation Plan and a Heritage Tourism Implementation Plan, and is also
scheduled to adopt an Outdoor Recreation Tourism Implementation Plan in 2017, each of which further
identifies priority actions for implementing the 2020 Strategic Tourism Plan, and

WHEREAS, the STPB has also endorsed the Tompkins County Beautification, Signage, and
Public Art Strategic Plan, the County Priority Trails Strategy, the Cayuga Lake Blueway Trail Plan, and
the Tompkins County Wayfinding and Interpretive Signage Plan, and

WHEREAS, Tompkins County has established a dedicated funding source for implementing its
2020 Strategic Tourism Plan and related tourism implementation plans, known as the Strategic Tourism
Implementation fund, and

WHEREAS, $265,000 was allocated but unspent from the modified 2016 budget for Strategic
Tourism Implementation, and

WHEREAS, letters of interest for Strategic Tourism Implementation funding will continue to be
accepted on a rolling basis in 2017, now therefore be it

RESOLVED, on recommendation of the Budget, Capital, and Personnel Committee, That the

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Strategic Tourism Implementation program budget for 2017 is increased by $265,000 bringing the total
modified 2017 budget for this program from $100,000 to $365,000,

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

Revenue: 6475.54492 Strategic Tourism Implementation $265,000


Appropriation: 6475.41113 Room Tax $265,000
SEQR ACTION: TYPE II-20

*********

Resolution No. 2017-30: Award of First Round of 2017 Strategic Tourism Implementation Funding
(ID #6774)

WHEREAS, the Tompkins County Legislature accepted the 2020 Strategic Tourism Plan on
September 18, 2012, and

WHEREAS, in 2016 the Tompkins County Strategic Tourism Planning Board (STPB) adopted an
Agriculinary Tourism Implementation Plan and a Heritage Tourism Implementation Plan, each of which
further identifies priority actions for implementing the 2020 Strategic Tourism Plan, and

WHEREAS, Tompkins County has established a dedicated funding source for implementing the
2020 Strategic Tourism Plan, known as the Strategic Tourism Implementation fund, and

WHEREAS, the Tompkins County Heritage Center project and Convention and Visitors Bureau
(CVB) Agriculinary Tourism Implementation project are eligible for funding as Strategic Tourism
Implementation projects, and

WHEREAS, the STPB established a category in the Strategic Tourism Implementation program
for projects that have been identified by the STPB and the Countys Tourism Program as priorities that are
best suited for implementation internally by program staff, and

WHEREAS, staff leadership for the Tourism Program is provided by the Tompkins County
Planning Department, and

WHEREAS, the STPB has developed a scope of work for the Tourism Program Communications
project, and

WHEREAS, the STPB has voted to recommend funding in full for each of the three projects
under consideration for funding, and

WHEREAS, Strategic Tourism Implementation funding exists within the hotel room occupancy
tax-funded Tourism Program budget for 2017, now therefore be it

RESOLVED, on recommendation of the Budget, Capital, and Personnel Committee, That the
following projects are awarded 2017 Strategic Tourism Implementation funding:

Applicant / Project Award

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Action Summary for Resolutions
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Tompkins County Chamber of Commerce / Ithaca Tompkins County $30,000


Convention and Visitors Bureau CVB Agriculinary Tourism Implementation
The History Center in Tompkins County Tompkins County Heritage Center $35,500

RESOLVED, further, That the Tompkins County Planning Department is authorized to spend up
to $3,500 out of the Strategic Tourism Implementation Program budget, account 6475.54492 to contract
with a qualified design firm to assist with Tourism Program communications activities,

RESOLVED, further, That the County Administrator or his designee be and hereby is authorized
to sign any agreements pertaining to the aforementioned projects.
SEQR ACTIONS:
TYPE II - 20 and Type II-3 (CVB Agriculinary Tourism Implementation)
TYPE II - 21 (Tompkins County Heritage Center)
TYPE II - 20 (Tourism Program Communications Project)

*********

Regular Agenda

Resolution No. 2017-31: Budget Adjustment - Youth Services (ID #6852)

RESULT: ADOPTED [11 TO 1]


MOVER: Anna Kelles, Member
SECONDER: Glenn Morey, Member
AYES: Will Burbank, Carol Chock, James Dennis, Rich John, Anna Kelles, Daniel
Klein, Michael Lane, Martha Robertson, David McKenna, Glenn Morey, Peter
Stein
NAYS: Dooley Kiefer
EXCUSED: Leslyn McBean-Clairborne, Michael Sigler

WHEREAS, pursuant to Administrative Manual Policy 05-02, budget adjustments exceeding


$5,000 require Legislative approval, and

WHEREAS, in 2015, the Youth Services Department implemented the use of Results-Based
Accountability, a performances management system, with all youth services contracted agencies as well
as the department allowing the department to hold accountable their internal and external performance for
the customers they serve, and

WHEREAS, this performance accountability process has helped the Youth Services Department
to identify the role they play in community-wide impact by identifying specific strategies that provide
successful and unsuccessful outcomes to those served through contract agencies and our organization, and

WHEREAS, the County Administrator has prioritized the full implementation of a performance-
management system over the next three years that will be used by all County departments as a means to
objectively assess goal attainment and other aspects of performance in a manner that does not unduly add
to the administrative burden of County departments and that is clear, understandable, and consistent
across departments, and

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Action Summary for Resolutions
Tompkins County Legislature
Tuesday, February 21, 2017

WHEREAS, the County Administrator wishes to enter into a contract with the Tompkins County
Youth Services Department, to create Request for Proposals (RFP) for a service provider to help develop
performance-management measurements through a dedicated a 0.5 FTE within the Youth Services
Department which was approved through the 2017 Budget Process as Over Target Request #13, and

WHEREAS, the Program Management Specialist will manage and support the long-term
operation of applying county-wide performance measures within all twenty seven departments, and has
anticipated a roll out that will start with ten departments in year one, ten additional departments in year
two, and the final seven departments in year three, now therefore be it

RESOLVED, on recommendation of the Health and Human Service Committee, That the Director
of Finance be and hereby is directed to make the following 2017 budget adjustment as follows:

T.C. Youth Services Department

Revenue Acct Title Amount


7020.42797 Other Local Govt Contributions $32,905

Appropriation Acct Title Amount


7020.51000655 Program Management Specialist $22,945
7020.58800 Fringes (43.41%) $ 9,960

SEQR ACTION: TYPE II-20

*********

Resolution No. 2017-32: Urging New York State to Fund Probation Departments and Other
Impacted County Departments and Agencies the Full Costs Associated
with Raising the Age of Criminal Responsibility to 18 Years of Age (ID
#6851)

RESULT: ADOPTED [UNANIMOUS]


MOVER: Rich John, Member
SECONDER: Peter Stein, Member
AYES: Will Burbank, Carol Chock, James Dennis, Rich John, Anna Kelles, Dooley
Kiefer, Daniel Klein, Michael Lane, Martha Robertson, David McKenna, Glenn
Morey, Peter Stein
EXCUSED: Leslyn McBean-Clairborne, Michael Sigler

WHEREAS, Governor Cuomo signed Executive Order 131 on April 9, 2014, to establish the
Commission on Youth, Public Safety, and Justice instructing the Commission to develop a concrete plan
to raise the age of criminal responsibility in New York State and make specific recommendations on how
the juvenile and criminal justice systems can better serve youth, improve outcomes, and protect
communities, and

WHEREAS, the Commission completed its report on December 31, 2014, recommending raising
the age of criminal responsibility from age 16 to age 18 over a two-year period to be completed in a

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Action Summary for Resolutions
Tompkins County Legislature
Tuesday, February 21, 2017

phased-in approach, and

WHEREAS, the Tompkins County Legislature fully supports the Commissions recommendation
and believes that youth will be better served by raising the age of criminal responsibility to age 18 and
that the Diversion services provided by Probation will provide positive benefit, and

WHEREAS, Division of Criminal Justice Statistics reveal the number of arrests among 16 and 17
year olds statewide in calendar year 2015 was 27,281 and that under the proposed change these youth will
now be shifted from the criminal courts to local Probation Departments for Intake and Diversion services,
and

WHEREAS, the Governors proposal recommends that the violation-level offenses of


Harassment 2nd and Disorderly Conduct shall also be diverted to Probation Departments for Intake and
Diversion services, thus adding a previously unseen population to the workload of Probation staff, and

WHEREAS, Probation Departments will not be able to absorb the influx of youth requiring
Intake and Diversion services at current staffing levels and will require additional staff to perform these
duties, and

WHEREAS, these added burdens to county Probation Departments come as the State share of
probation costs has fallen from 46.5% in 1990 to less than 12% in 2014, and

WHEREAS, other county departments and agencies may be similarly affected by the increase in
the age of criminal responsibility in areas that range from juvenile detention to community support
services, and do not have alternative sources of income to support the cost of additional responsibilities
and services, and

WHEREAS, counties cannot absorb the financial cost associated with raising the age and need
100% State funding for the additional staff and services required by the Governors proposal, and

WHEREAS, the Governor's funding proposal stipulates that only counties who do not exceed the
2% tax cap and can demonstrate to the Division of Budget that funding related services is a fiscal
hardship may apply for a waiver of the local share requirement of any expense otherwise incurred, and

WHEREAS, this funding proposal would cause many county departments or agencies that may
be affected by the change in the age of criminal responsibility with supporting the cost of such additional
burdens associated with this new State mandate, and

WHEREAS, the State Legislature has often declared that new unfunded mandates shall not be
imposed on local governments and the current proposal represents a significant new unfunded mandate,
now therefore be it

RESOLVED, on recommendation of the Public Safety Committee, That the Tompkins County
Legislature calls on the State Legislature to support the Commissions plan to raise the age of criminal
responsibility to eighteen,

RESOLVED, further, That the State Legislature enact legislation that fully, permanently, and
unambiguously obligates the State to pay for 100% of all new costs incurred by county Probation
Departments and other county departments and agencies affected by raising the age of criminal
responsibility,

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Action Summary for Resolutions
Tompkins County Legislature
Tuesday, February 21, 2017

RESOLVED, further, That copies of this resolution be delivered to the Governor; the Senate
Majority and Minority Leaders and the Assembly Majority and Minority Leaders; Senators Helming,
Seward, and OMara; Assemblywoman Lifton; and the New York State Association of Counties.
SEQR ACTION: TYPE II-20

*********

Resolution No. 2017-33: Authorizing Acceptance of a Revised Statewide Opportunities for Airport
Revitalization (SOARs) Grant from the New York State Department of
Transportation (NYSDOT) to Assist with Marketing and Promotion of the
Ithaca Tompkins Regional Airport (ITH) (ID #6862)

RESULT: ADOPTED [UNANIMOUS]


MOVER: Glenn Morey, Member
SECONDER: Peter Stein, Member
AYES: Will Burbank, Carol Chock, James Dennis, Rich John, Anna Kelles, Dooley
Kiefer, Daniel Klein, Michael Lane, Martha Robertson, David McKenna, Glenn
Morey, Peter Stein
EXCUSED: Leslyn McBean-Clairborne, Michael Sigler

WHEREAS, the New York State Department of Transportation (NYSDOT) has offered a grant
under the State SOARs (Statewide Opportunities for Airport Revitalization) program to assist with
marketing and promotion, and

WHEREAS, said NYSDOT grant may be used to offset the costs of marketing and of associated
consultant services,

WHEREAS, the original grant in the amount of $349,670 was accepted by Resolution No. 2016-
108 on June 7, 2016, but the grant amount has been reduced to $250,000, due to some State-level lack of
clarity as to legislative and executive jurisdictional authority, therefore, we are now seeking approval for
the reduced amount, now therefore be it

RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the


NYSDOT grant of $250,000 is hereby accepted and that the County Administrator be and hereby is
authorized to execute the required documents.
SEQR ACTION: TYPE II-1

*********

Resolution No. 2017-34: Authorization to Execute Supplemental Agreement with New York State
Department of Transportation (NYSDOT) - Coddington Road Highway
Safety Improvements at Burns Road and East King Road Intersections,
PIN 3753.24 - Right-of-Way Acquisition Funding (ID #6855)

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Action Summary for Resolutions
Tompkins County Legislature
Tuesday, February 21, 2017

RESULT: ADOPTED [UNANIMOUS]


MOVER: Glenn Morey, Member
SECONDER: David McKenna, Member
AYES: Will Burbank, Carol Chock, James Dennis, Rich John, Anna Kelles, Dooley
Kiefer, Daniel Klein, Michael Lane, Martha Robertson, David McKenna, Glenn
Morey, Peter Stein
EXCUSED: Leslyn McBean-Clairborne, Michael Sigler

WHEREAS, Resolution No. 11 adopted on January 18, 2005, approved reconstruction of


Coddington Road (County Road 119) in the Town of Ithaca between the City of Ithaca and Town of
Danby lines and authorized execution of an agreement with the New York State Department of
Transportation (NYSDOT) regarding administration and funding of Scoping, Design (Phases I-VI), and
Right-of-Way (ROW) Incidentals, and

WHEREAS, Resolution No. 141 adopted on July 5, 2016, and Resolution No. 151 adopted on
August 2, 2016, while limiting the scope of said reconstruction to improvements at Coddington Roads
intersections with Burns Road (County Road 116) and East King Road (County Road 179), P.I.N.
3753.24, (the Project), authorized execution of agreements with NYSDOT again regarding administration
and funding of Scoping, Design, and ROW Incidentals, and

WHEREAS, the County of Tompkins desires to advance the Project by making a commitment of
100% of the non-federal share of the costs of ROW Acquisition, now therefore be it

RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the


Tompkins County Legislature hereby approves the above-subject Project and authorizes the County of
Tompkins to pay in the first instance one hundred (100%) percent of the federal and non-federal share of
the costs of Scoping, Design, ROW Incidentals, and ROW Acquisition work for the subject Project or
portions thereof,

RESOLVED, further, That the sums made available by the above-cited resolutions within account
HZ5103.59239.53.08, Coddington Capital Project Account, totaling $995,000.00, are hereby made
available to cover the cost of participation in Scoping, Design, ROW Incidentals, and ROW Acquisition
work for the Project,

RESOLVED, further, That in the event the non-federal share of the costs of the Project exceed the
amount appropriated above, the County Legislature shall convene as soon as possible to appropriate said
excess amount immediately upon the notification thereof by the NYSDOT,

RESOLVED, further, That the Tompkins County Administrator or his designee be and hereby is
authorized to execute all necessary Agreements, certifications, or reimbursement requests for Federal Aid
and/or Marchiselli Aid on behalf of the County of Tompkins with the NYSDOT in connection with the
advancement or approval of the Project and providing for the administration of the Project and the
municipalitys first-instance funding of Project costs and permanent funding the local share of federal-aid-
and State-aid-eligible Project costs and all Project costs within appropriations therefor that are not so
eligible,

RESOLVED, further, That a certified copy of this resolution be filed with the New York State
Commissioner of Transportation by attaching it to any necessary Agreement in connection with the

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Action Summary for Resolutions
Tompkins County Legislature
Tuesday, February 21, 2017

Project,

RESOLVED, further, That this resolution shall take effect immediately.


SEQR ACTION: Unlisted, Negative Declaration issued (No further action required)

*********

Resolution No. 2017-35: Award of Bid - Operation of Household Hazardous Waste Management
Facility - Department of Recycling and Materials Management (ID
#6845)

RESULT: ADOPTED [UNANIMOUS]


MOVER: Glenn Morey, Member
SECONDER: David McKenna, Member
AYES: Will Burbank, Carol Chock, James Dennis, Rich John, Anna Kelles, Dooley
Kiefer, Daniel Klein, Michael Lane, Martha Robertson, David McKenna, Glenn
Morey, Peter Stein
EXCUSED: Leslyn McBean-Clairborne, Michael Sigler

WHEREAS, the Department of Finance - Division of Purchasing has duly advertised for a multi-
year Request for Proposal (RFP) for operation of the Tompkins County Household Hazardous Waste
Management Facility for the Tompkins County Department of Recycling and Materials Management, and

WHEREAS, two (2) proposals for the facility operations services were received and publicly
opened on November 22, 2016, and

WHEREAS, the bid from Clean Harbors Environmental Services which is the present contractor
came in at $9,000 under estimate, now therefore be it

RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the


contract for Household Hazardous Waste Facility operations for Tompkins County be awarded to Clean
Harbors Environmental Services Inc., 42 Longwater Drive Norwell, Massachusetts, 02061-9149 for a five
(5)-year term with a one two-year extension option, and

RESOLVED, further, That the funds are available in the Department of Recycling and Material
Managements budget, account 8169.54442,

RESOLVED, further, That the County Contract Administrator be authorized to execute this
contract.
SEQR ACTION: TYPE II-20

*********

Resolution No. 2017-36: Authorizing a Contract with the Tompkins County Soil and Water District
to Provide Interim Financial Assistance to Support Grant-Funded
Conservation Efforts throughout the County (ID #6822)

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Action Summary for Resolutions
Tompkins County Legislature
Tuesday, February 21, 2017

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, Martha Robertson, David McKenna, Glenn
Morey, Peter Stein
EXCUSED: Leslyn McBean-Clairborne, Michael Sigler

WHEREAS, the mission of the Tompkins County Soil and Water Conservation District (District)
is to provide assistance to citizens and units of local government in making sound decisions on the
management of soil, water, and related natural resources based on their needs, and

WHEREAS, the District will further assist in the implementation of decisions by seeking and
coordinating technical and financial assistance from federal, state, and local governments, and private
sources, and

WHEREAS, the District applies for funds, throughout each year, on behalf of landowners and
municipalities to various entities, such as New York State Department of Environmental Conservation
(NYSDEC), New York State Department of Agriculture and Markets (NYSDAM), U.S. Fish and Wildlife
Service (USFWS), U.S. Environmental Protection Agency (EPA), and other organizations to conduct Soil
and Water Conservation work, and

WHEREAS, the District is projecting over $2,700,000 in expense disbursements in 2017 through
these grant and programmatic funding sources, and

WHEREAS, these $2,700,000 of projected expenses are not paid for by the Tompkins County
appropriation to the District in the 2017 Tompkins County Budget which cover a portion of operational
expenses for the District, and

WHEREAS, the funding entities to whom the District applies for funding, typically require a full
reimbursement process for project activities, meaning that costs must first be paid by the District, and
then be reimbursed by the funding entity, and

WHEREAS, the District does not have enough funding on hand to cover up-front project costs,
but must continue the coordination and implementation of critical conservation project activities, and

WHEREAS, the District has requested the assistance of Tompkins County to provide funding to
support the cost of Hydrilla Project activities in the past two consecutive years (2015 and 2016), with
such funding fully returned to the County as NYSDEC reimbursements for that work is received, and

WHEREAS, a similar assistance request is being sought for a broader array of conservation
activities funded by reimbursement grants in 2017, now therefore be it

RESOLVED, on recommendation of the Planning, Development, and Environmental Quality


Committee, That he Tompkins County Legislature hereby authorizes the County Administrator to enter
into a contract with the Tompkins County Soil and Water Conservation District that will provide up to
$200,000 to the District for conservation project activities in 2017 and obligate the District to repay the
County as reimbursements for conservation project activities are received,

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Action Summary for Resolutions
Tompkins County Legislature
Tuesday, February 21, 2017

RESOLVED, further, That the Director of Finance is hereby authorized and directed to advance to
the District an amount not to exceed two hundred thousand dollars ($200,000), said advance to be made
from the General Fund of the County,

RESOLVED, further, That the advance will be repaid to the County when the District is
reimbursed by NYSDEC; the advance will be recorded in the General Fund accounting records as a
Contract Agencies Receivable - Soil & Water, account number A14418730.
SEQR ACTION: TYPE II-20

*********

Resolution No. 2017-37: Authorization to Disburse County Funds to the Community Housing
Development Fund (ID #6833)

RESULT: ADOPTED [11 TO 0]


MOVER: Martha Robertson, Member
SECONDER: Dooley Kiefer, Member
AYES: Will Burbank, James Dennis, Rich John, Anna Kelles, Dooley Kiefer, Daniel
Klein, Michael Lane, Martha Robertson, David McKenna, Glenn Morey, Peter
Stein
ABSTAIN: Carol Chock
EXCUSED: Leslyn McBean-Clairborne, Michael Sigler

WHEREAS, the Tompkins County Legislature through Resolution No. 154 of 2015 authorized
funding for the Community Housing Development Fund, and

WHEREAS, the Community Housing Development Fund (CHDF) assists with the development
costs associated with residential and mixed-use real estate development projects primarily benefiting low-
and moderate-income households, and requires that newly constructed or rehabilitated homes supported
by the program are not only made available to low- to moderate-income households, but also remain
affordable to future generations of renters and buyers, and

WHEREAS, the Notice of Funding Availability was made available to interested parties with a
deadline of November 14, 2016, for Round 13, and

WHEREAS, two applications were received and reviewed by the CHDF Application Review
Committee, which made formal funding recommendations for funding to the CHDF Program Oversight
Committee, and

WHEREAS, the Program Oversight Committee accepted and recommended that the following
two proposals receive funding as indicated in the table below, and

Applicant Project Location Number of Dollar Sponsors


Affordable Amount
Units Recommend
ed
Second Wind Second Town of 4 rental $56,250 Tompkins County

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Action Summary for Resolutions
Tompkins County Legislature
Tuesday, February 21, 2017

Cottages, Inc. Wind Newfield units ($18,750 TC and Cornell


Cottages & $37,500 University
Expansion CU)
Ithaca INHS City of 98 rental $300,000 Tompkins County,
Neighborhood Scattered- Ithaca (CoI) units ($50,000 City of Ithaca, and
Housing site TC; $50,000 Cornell University
Services Preservation CoI;
(INHS) $200,000
CU)

WHEREAS, the INHS Scattered-Site Preservation project does not require SEQR review, and

WHEREAS, the Tompkins County Legislature through Resolution No. 28 of 2017 concurs with
Tompkins County Health Departments SEQR Negative Declaration determination for the Guidi Cottage
Development that was subsequently renamed the Second Wind Cottages, now therefore be it

RESOLVED, on recommendation of the Planning, Development, and Environmental Quality


Committee, That Tompkins County authorizes the expenditure of $18,750 of its funds to support the
Second Wind Cottages Expansion project and $50,000 of its funds to support the INHS Scattered-Site
Preservation project as recommended by the CHDF Program Oversight Committee,

RESOLVED, further, That the Director of Finance is authorized to make the following budget
adjustment:
Revenue CD8695.42411 Program Income $68,750
Appropriation CD8695.54400 Program Expense $68,750

RESOLVED, further, That the County Administrator or his designee is authorized to execute
agreements in order to effect this grant program consistent with this resolution.
SEQR ACTION: Types II-2 (INHS Scattered Site Preservation; I-5 (Second Wind Cottages Expansion,
Full Environmental Assessment Form on File with the Legislature Clerk)

*********

Resolution No. 2017-38: Authorization to Participate in Various Contracts Let by Any Government
Entity of the United States of America (ID #6793)

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Action Summary for Resolutions
Tompkins County Legislature
Tuesday, February 21, 2017

RESULT: ADOPTED [11 TO 1]


MOVER: James Dennis, Member
SECONDER: Glenn Morey, Member
AYES: Will Burbank, James Dennis, Rich John, Anna Kelles, Dooley Kiefer, Daniel
Klein, Michael Lane, Martha Robertson, David McKenna, Glenn Morey, Peter
Stein
NAYS: Carol Chock
EXCUSED: Leslyn McBean-Clairborne, Michael Sigler

WHEREAS, New York State General Municipal Law 103 has been amended to allow counties
to utilize a contract let by the United States of America or any agency thereof, any state, or any other
county or political subdivision or district therein for materials, equipment, supplies, or contract for
services, and

WHEREAS, the Finance Department may determine throughout the 2017 fiscal year that it would
be in the Countys best interest to participate in another government agencys contract, now therefore be it

RESOLVED, on recommendation of the Budget, Capital, and Personnel Committee, That


Tompkins County is hereby authorized to exercise the option to participate in any bid of the United States
Government or its agencies, any state, or any other county or political subdivision or district for materials,
equipment, supplies, or contract services as authorized by General Municipal Law 103,

RESOLVED, further, That the County Administrator, or his designee, be and hereby is authorized
to execute required contract documents.
SEQR ACTION: TYPE II-20

*********

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