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HomeMy WebLinkAbout1993 Proceedings1993 PROCEEDINGS Tompkins County Board of Representatives TOMPKINS COUNTY NEW YORK ROBERT I. WATROS, Chair Ithaca, New York CATHERINE COVERT, Clerk Ithaca, New York State of New York County of Tompkins Tompkins County Board of Representatives ss: In pursuance of the authority conferred by Section 211 of the County Law, I do hereby certify that the copy of the Proceedings of the Tompkins County Board of Representatives of the County of Tompkins, New York, for the year 1993, contained in this volume is true and correct. CATHERINE COVERT Clerk of the Board of Representatives TOMPKINS COUNTY BOARD OF REPRESENTATIVES 1993 Standing Committees Budget and Administration Mary G. Call, Chairman Daniel Winch, Vice Chairman Frank P. Proto Barbara Mink Eric Lerner James Mason Stuart Stein Phil Shurtleff (At -Large) Health and Education Frank P. Proto, Chairman Charles Evans, Vice Chairman Donald Culligan Phil Shurtleff Nancy Schuler Human Services Barbara Mink, Chairman Beverly Livesay, Vice Chairman Charles Evans Tim Joseph Mary G. Call Personnel Charles Evans, Chairman Beveryly Livesay, Vice Chairman Thomas Todd 1993 Special Committees Article 18 Task Force Thomas Todd, Chairman Benjamin Bucko, Vice Chairman Nelson Roth Roger Rector Planning Stuart Stein, Chairman Frank P. Proto, Vice Chairman Tim Joseph Barbara Mink Nancy Schuler Public Safety James Mason, Chairman Nancy Schuler, Vice Chairman Phil Shurtleff Eric Lerner Tim Joseph Public Works and Construction Management Daniel Winch, Chairman Thomas Todd, Vice Chairman Donald Culligan Stuart Stein James Mason Solid Waste and Resource Management Eric Lerner, Chairman Mary G. Call, Vice Chairman Thomas Todd Beverly Livesay Charles V. Evans Fiscal Affairs Thomas Todd, Chairman Mary G. Call, Vice Chairman Stuart Stein Margaret Dill Andrew Lavigne January 5, 1993 Organization Meeting Pursuant to Section 151 of County Law, Section 2.04 of the Charter and Code, Rule I of the Rules of the Board and the date established by Resolution No. 369 adopted by the Board on November 17, 1992, the Board of Representatives convened at its chambers in the Courthouse in the City of Ithaca, New York, on Tuesday, January 5, 1993 at 5:30 p.m. and was called to order by Catherine L. Covert, Clerk of the Board. Members and guests participated in the Pledge of Allegiance. Present: 15 Representatives. Representative Culligan was excused from the meeting at 7:05 p.m. prior to the adoption of Resolution No. 4. City of Ithaca: District No. District No. District No. District No. District No. Towns: 1 - Eric J. Lerner, 504 South Plain Street 2 - Donald J. Culligan, 627 Hudson Street 3 - Stuart W. Stein, 11 Cornell Walk 4 - Nancy B. Schuler, 110 Ferris Place 5 - Barbara Mink, 614 North Cayuga Street District No. 6 - Thomas L. Todd, 847 Davis Road, Lansing District No. 7 - Frank P. Proto, 2585 Slaterville Road, Slaterville Springs District No. 8 - Daniel M. Winch, 310 Burdge Hill Road, Newfield District No. 9 - Phil Shurtleff, Box 129, Groton District No. 10 - Mary G. Call, 108 Comstock Road, Ithaca District No. 11 - Beverly E. Livesay, 147 Snyder Hill Road, Ithaca District No. 12 - Deborah F. Dietrich, 221 DuBois Road, Ithaca District No. 13 - Charles V. Evans, 819 Snyder Hill Road, Ithaca District No. 14 - Robert I. Watros, 14 Evergreen Street, Box 72, Dryden District No. 15 - James A. Mason, 102 Larchmont Drive, Trumansburg Mrs. Covert announced that the first order of business was the election of a temporary chairman. Mr. Evans nominated Mr. Proto as temporary chairman, seconded by Mr. Todd. After hearing no more nominations, it was adopted by voice vote to close nominations. A voice vote resulted as follows for temporary chairman: Ayes - 15, Noes - 0. Adopted. Mr. Proto took the chair as temporary chairman. The next order of business was the election of a permanent chairman and nominations were opened. Mrs. Call nominated Robert I. Watros as permanent chairman, seconded by Mr. Evans. Mr. Lerner nominated Barbara Mink as permanent chairman, seconded by Mrs. Livesay. It was Moved by Mr. Stein seconded by Mr. Lerner, and unanimously adopted by voice vote, to close nominations. Ms. Mink, Representative, District No. 5, stated that it is a honor to be nominated chair of the Board because she has been nominated by someone whose intelligence and energy she has come to rely on in the three years since they were elected to this Board and she respects the work this Board does for the community and appreciates the different perspectives the various members bring: Ms. Mink stated that if elected chair, she would want to reinforce the direction the Board has been heading in, in terms of being flexible when necessary, having the courage to reassess positions if there is a better option, and having the sense to know when to stay the course. She would also like to increase communication with the public by focusing on broadcasting committee meetings and issues forums. She stated that it is important to have sensed our limitations as part-time legislators and also our strength as policy makers for today and the future, to make efficient and sensible decisions on a variety of complicated issues. 3 January 5, 1993 The following is the vote for permanent chairman by show of hands: Robert I. Watros - 8 (Representatives Call, Evans, Mason, Proto, Shurtleff, Todd, Watros and Winch); Barbara Mink - 7 (Representatives Culligan, Dietrich, Lerner, Livesay, Mink, Schuler, and Stein). Robert I. Watros took the chair as permanent chairman. Mrs. Dietrich requested the record show a unanimous vote for the election of permanent chairman. Nominations were opened for vice chairman. Mr. Stein nominated Mr. Lerner as vice chairman, seconded by Ms. Mink. Mr. Todd nominated Mr. Mason as vice chairman, seconded by Mrs. Call. After hearing no more nominations, it was adopted by voice vote to close nominations. The following is the vote for vice chairman by a show of hands: Eric J. Lerner - 7 (Representatives Culligan, Dietrich, Lerner, Livesay, Mink, Schuler, and Stein); James A. Mason - 8 (Representatives Call, Evans, Mason, Proto, Shurtleff, Todd, Watros, and Winch). Mr. Mason was elected vice chairman. Mr. Stein asked that the record show a unanimous vote for the election of vice chairman. Chairman Watros reflected on 1992 and said he hopes 1993 will be better. Mr. Watros announced that he will retire from GTE on January 8 and will give additional effort to see that this Board performs to the best possible grade. Chairman Watros requested Board members to meet with him in the next week to establish the various committees. It was Moved by Mr. Proto, seconded by Mr. Evans, and unanimously adopted by voice vote, to approve the minutes of December 15, 1992 as corrected. Under privilege of the floor, Betsy Darlington, City of Ithaca, spoke concerning the resolution on the agenda entitled Resolution Determining Significance Pursuant to SEQRA and Authorization for the Issuance of a Negative Declaration - Execution of Purchase Option Agreement with Thorntree Hill Associates. Ms. Darlington questioned the SEQR action on this resolution and stated that she believes a coordinated review needs to be completed prior to the adoption of this resolution. Ms. Darlington urged the Board to delay action on this resolution. Under privilege of the floor, James Myers, CSEA member, spoke concerning employee safety and expressed support for the placement of an armed guard at the Biggs complex, metal detectors being installed and one entrance into the building. Under privilege of the floor, Carol Usefara, Biggs complex employee, spoke concerning employee safety and expressed opposition to an armed guard being stationed at the Biggs complex. Under privilege of the floor, Penny Calderazzo, Economic Opportunity Corporation employee, spoke concerning employee safety and expressed opposition to an armed guard being stationed at the Biggs complex. Ms. Calderazzo stated that there are several workers at the complex who do not want an armed guard at the site and filed a petition with the Board opposing this. She stated that she believes this would create a negative attitude and would be stressful to worker -client relationships. Under privilege of the floor, Mrs. Schuler, Representative, District No. 4, stated that on September 21, 1992 Mrs. Dietrich, Representative, District No. 12, was sworn in as New York State Association of Counties (NYSAC) President -Elect. Under privilege of the floor, Mr. Winch, Representative, District No. 14, stated that in his years of public service he does not recall going through a fiscal crisis as publicly as this Board did in 1992. He believes this Board has worked very well together trying to meet the needs of its citizens as best as it could. Mr. Winch thanked Mr. Heyman, County Administrator, and Kathy West, Deputy County Administrator, for assisting in the budget process. Mr. Proto, Chairman, Health and Education Committee, recalled accomplishments Tompkins County achieved in 1992. He made reference to the inoculation of over 12,000 school children, a well 4 January 5, 1993 educated public on rabies, successful Tompkins Cortland Community College negotiations, the Youth Bureau being the recipient of the Eleanor Roosevelt award and the Ithaca Tompkins Transit Center. Mr. Proto reported that the Health and Education Committee met on December 29 and had a discussion with representatives from the Multicultural Resource Center. He stated that the Committee heard a positive report on the PCAP program. Ms. Mink, Chairman, Human Services Committee, reported that the Committee met this morning and discussed security issues at the Biggs complex. She stated that Mary Pat Dolan, Commissioner of Social Services, updated the Committee on security measures being taken at the complex. Ms. Mink stated the Committee will attend an Employee Council meeting to discuss this issue. Mr. Mason, Chairman, Public Safety Committee, reported that he has met with representatives of ACT -UP and believes the issues which they have concerns about are being addressed. He stated that ACT -UP is reviewing the policy on HIV and AIDS at the Tompkins County Jail and will schedule a follow-up meeting when their review is completed. The next Committee meeting will be January 7. Ms. Mink, Public Information Committee, reported that the Committee is trying to emphasize on more current issues and asked for additional ideas and input. Mr. Winch, Chairman, Public Works and Construction Management Committee, reported the traffic light has been installed at the East Hill safety improvement project. Mr. Winch stated that Mr. Nicholas, Airport Manager, has received a signed agreement from US Air. The next Committee meeting will be January 6. Mr. Todd, Chairman, Article 18 Task Force, reported that the Committee will meet January 7 at 8:30 a.m. Mr. Todd, Chairman, Fiscal Affairs Committee, reported that the Committee will meet January 7 at 10:30 a.m. Mrs. Livesay, Chairman, Solid Waste and Resource Management Committee, thanked the members of the Committee for their work in 1992. Mrs. Livesay reported on a letter she received from Cargill stating that they have no interest in contracting with Tompkins County to put solid waste in the salt mines. Mrs. Livesay distributed information on household waste collection costs and also a draft of items to be discussed at the January 12 meeting with the haulers. She requested comments be submitted to her as soon as possible. She stated that she will request an executive session to discuss litigation. Mrs. Livesay stated that the Procurement Committee for the Recycling and Solid Waste Center is looking into members visiting facilities that have been built by the two proposers that Tompkins County is evaluating. The next Committee meeting will be January 14. Mrs. Call, Chairman, Budget and Administration Committee, reported that the Committee met prior to the Board meeting and will meet again January 8 at noon. Mrs. Call stated that staff is working very hard in their efforts to simplify the proposed solid waste management fee. Mrs. Eckstrom, Solid Waste Manager, spoke of the goal for the restructured fee. She stated that the goal of the fee is to seek the funds to operate the recycling program and the Recycling and Solid Waste Center. Mr. Stein, Representative, District No. 3, stated that although this fee will relate to a household or property, it is a fee not based on the amount of garbage people will throw away. Mrs. Call stated that the overall budget for solid waste is down from 1992. Mrs. Call stated that the proposed fee will leave a shortfall in the budget of $800,000 which the Comptroller will most likely ask the Board to identify a source of revenue. 5 January 5, 1993 Chairman Watros reported that a letter has been sent to the Chamber of Commerce in regard to the privatization of the handling of solid waste. The Chamber has organized a committee and a response is expected in sixty days. Mr. Heyman, County Administrator, reported that offices will be moving to the Old Jail soon. Mr. Mulvey, County Attorney, had no report. On motion of the appropriate committee chairmen and duly seconded and unanimously adopted by voice vote, the following resolutions were added to the agenda: Resolution in Memoriam - Schuyler County Resolution Determining Significance Pursuant to SEQRA and Authorization for the Issuance of a Negative Declaration - Execution of Purchase Option Agreement with Thorntree Hill Associates Award of Bids - New Terminal Project - Tompkins County Airport Chairman Watros gave Mrs. Call, Chairman, Budget and Administration Committee, permission to withdraw from the agenda the resolution entitled Authorization to Provide Funds to Assist in the Acquisition, Construction and Equipping of a 120 Bed Nursing Home Facility - Reconstruction Home, Inc. Chairman Watros gave the appropriate committee chairmen permission to withdraw from the agenda with final committee action being affirmed: CA001-93 - Authorizing Amendment to Parking Rates -Tompkins County Airport CA002-93 - Authorizing a License to Enter CA003-93 - Award of Bid - Snow Plow with Wing and Hopper Spreader RESOLUTION NO. 1 - PURCHASE OF PROPERTY - LANDFILL NEIGHBORHOOD PROTECTION PROGRAM Moved by Mrs. Call, seconded by Mr. Evans. A voice vote resulted as follows: Ayes - 13, Noes - 2 (Representatives Culligan and Todd). Adopted. RESOLVED, on recommendation of the Budget and Administration Committee, That the County Administrator is directed to execute a purchase agreement for property now belonging to Charles Elrod, Town of Dryden, Tax Parcel No. 40-1-26.2, notwithstanding Resolution Nos. 319 or 379 of 1992, suspending the Landfill Neighborhood Protection Program, said purchase being for the sum of $65,000. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 2 - RESOLUTION DETERMINING SIGNIFICANCE PURSUANT TO SEQRA AND AUTHORIZATION FOR THE ISSUANCE OF A NEGATIVE DECLARATION EXECUTION OF PURCHASE OPTION AGREEMENT WITH THORNTREE HILL ASSOCIATES (Reconsidered and adopted later in meeting) Moved by Mrs. Call, seconded by Mr. Todd. Mr. Mulvey, County Attorney, stated that he has reviewed this matter with the City of Ithaca Attorney. He stated that Tompkins County is complying with SEQR by furnishing an Environmental Assessment Form. Mrs. Schuler felt that even though the SEQR action is in compliance with the State's threshold, that it would also be appropriate to comply with the City of Ithaca's threshold. A voice vote resulted as follows: Ayes - 15, Noes - 0. Adopted. This resolution was reconsidered later in the meeting. 6 January 5, 1993 WHEREAS, the Board of Representatives is contemplating the execution of a purchase option agreement with Thorntree Hill Associates with regard to two parcels of real property on Elmira Road in the City of Ithaca, and WHEREAS, the execution of such agreements involves no physical improvements or alterations that would change the use, appearance or condition of any natural resource or structure, and WHEREAS, the Board of Representatives has determined that this action is Unlisted for the purpose of the environmental review process under SEQRA, and WHEREAS, the Board of Representatives has reviewed a draft Short Environmental Assessment Form, now therefore be it RESOLVED, on recommendation of the Budget and Administration Committee, That this Board finds the execution of the aforesaid Purchase Option Agreement will not have a significant effect on the environment requiring the preparation of an environmental impact statement, RESOLVED, further, That the Chairman of the Board of Representatives and/or his designee is authorized to file and circulate such determination according to law and to execute such other documentation as may be necessary. SEQR ACTION: TYPE I OR UNLISTED (DETERMINATIONS OR FINDINGS INCLUDED HEREIN) RESOLUTION NO. 3 - AUTHORIZATION TO EXECUTE AGREEMENT - THORNTREE HILL ASSOCIATES (Amended by Resolution No. 200 of 1993 and Res. No. 48 of 1994) Moved by Mrs. Call, seconded by Mrs. Livesay, and unanimously adopted by voice vote. RESOLVED, That the County Administrator is directed to execute a purchase option agreement with Thorntree Hill Associates of Fayetteville, New York dated December 9, 1992, which agreement authorizes sale of two (2) parcels of real property on Elmira Road, Ithaca, New York, being a portion of City of Ithaca Tax Parcel No. 126-1-2 together with a narrow strip of land measuring approximately 20 feet by 673 feet adjoining, for $225,000, RESOLVED, further, That in the event the purchase option agreement is exercised, the County Administrator is directed to execute a deed conveying said property to Thorntree Hill Associates or to another party officially designated by Thorntree Hill Associates. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) Representative Culligan was excused from the meeting at 7:05 p.m. RESOLUTION NO. 4 - BLANKET AUTHORIZATION TO EXECUTE REAL ESTATE LISTING AGREEMENTS, PURCHASE AGREEMENTS AND DEEDS (Amended by Resolution No. 317 of 1995) Moved by Mrs. Call, seconded by Mr. Proto, and unanimously adopted by voice vote by members present. RESOLVED, on recommendation of the Budget and Administration Committee, That the County Administrator is authorized to execute real estate listing agreements pursuant to the County's contract with Patterson Real Estate and is authorized to bring resolutions authorizing purchase agreements and deeds directly to the Board of Representatives without review by any committee in order to convey property acquired by Tompkins County through foreclosure and through the Landfill Neighborhood Protection Program, 7 January 5, 1993 RESOLVED, further, That with respect to 1992 foreclosed properties only, the County Administrator is authorized to execute listing agreements effective April 1, 1993, but that in future years those agreements may be authorized immediately after foreclosure by Tompkins County, provided that written notice is provided to parties whose properties are in foreclosure that this will take place, RESOLVED, further, That when the County Administrator is able to determine that a foreclosed property is occupied by the owner of record at the time taxes became delinquent, that no listing agreement may be signed until specifically authorized by the Budget and Administration Committee and that said Committee shall provide said authorization only when it is determined that no reasonable efforts are being made by the owner of record to secure sufficient funds to re -purchase the property, RESOLVED, further, That all deeds of conveyance by Tompkins County of foreclosed properties shall be quitclaim deeds, and all deeds conveying the properties purchased through the Landfill Neighborhood Protection Program shall be warranty deeds if so authorized by the County Attorney. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 5 - CHARGING THE SOLID WASTE AND RESOURCE MANAGEMENT COMMITTEE WITH DEVELOPING ALTERNATE PLANS FOR FINANCING RECYCLING Moved by Mrs. Livesay, seconded by Mr. Lerner. Mr. Proto requested the record show that this will not be the only option explored. A voice vote resulted as follows: Ayes - 14, Noes - 0, Excused - 1 (Representative Culligan). Adopted. WHEREAS, collection and marketing of recyclables will cost County residents more than $1.5 million in 1993, and WHEREAS, many County residents are uncertain whether present financing plans are distributing costs fairly, now therefore be it RESOLVED, on recommendation of the Solid Waste and Resource Management Committee, That the Solid Waste and Resource Management Committee is charged with continuing to research methods for financing County recycling activities after 1993 and developing alternate plans among which shall be a plan under which the County would charge a per -container fee for collection and processing of recyclables. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 6 - APPROVAL FOR PURSUIT OF CONTRACT BETWEEN NEW YORK STATE DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES AND THE ALCOHOLISM COUNCI L OF TOMPKINS COUNTY, INC. Moved by Mr. Mason, seconded by Mr. Evans, and unanimously adopted by voice vote by members present. WHEREAS, the current Alternatives to Incarceration Service Plan (for contract year July 1, 1992 through June 30, 1993) does not make use of $5,242 (five thousand, two hundred and forty-two dollars) of the total amount originally allocated to Tompkins County by the New York State Division of Probation and Correctional Alternatives (NYSDPCA) for the provision of programs which provide alternatives to incarceration, and WHEREAS the Alcoholism Council of Tompkins County, Inc., a private, not-for-profit organization, has submitted a "New Programmatic Proposal" which would become part of the above- mentioned Alternatives to Incarceration Service plan (for contract year July 1, 1992 through June 30, 1993). Said proposal providing for the staffing necessary to deliver up to four (4) hours per week of on - 8 January 5, 1993 site alcohol evaluations of defendants detained at the Tompkins County Public Safety Building, so as to assist in expediting the court processing of such cases, and WHEREAS, the New York State Division of Probation and Correctional Alternatives is willing to reimburse the Alcoholism Council of Tompkins County, Inc. for the cost of said proposal (up to the limit of $5,242) at the rate of 100 percent for the duration of the Updated Service Plan year based upon: (1) the amount of cash credit earned by Tompkins County, (2) the high percentage (59.3%) of admissions to the jail for which alcohol use is involved, and (3) the desires of the Criminal Justice Advisory/Alternatives to Incarceration Board, now therefore be it RESOLVED, on recommendation of the Public Safety Committee, That the "New Programmatic Proposal" submitted by the Alcoholism Council of Tompkins County, Inc., be approved as a modification to the current Alternatives to Incarceration Service Plan Update for the contract year July 1, 1992 through June 30, 1993, contingent upon: a) a 100 percent rate of reimbursement from the NYSDPCA to the Alcoholism Council of Tompkins County, Inc.: and b) no further cost to Tompkins County; and c) the ability of the NYSDPCA to effect a contract with the Alcoholism Council of Tompkins County, Inc. which is separate and distinct from the current contract with the Tompkins County Probation Depai lnient (State Contract #C920133, Local Contract #PROB92-005). SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 7 - ACCEPTANCE OF GRANT AND BUDGET ADJUSTMENT - HEALTHY HEART PROGRAM Moved by Mr. Proto, seconded by Mr. Evans, and unanimously adopted by voice vote by members present. WHEREAS, the County of Tompkins has submitted a request for a grant of funds from the New York State Department of Health as approved on November 17, 1992 (CA091-92) for the development of a community campaign to promote Tobacco Free Awareness Week (January 24 - January 30, 1993), now therefore be it RESOLVED, on recommendation of the Health and Education and Budget and Administration Committees, That Tompkins County hereby accept said grant, RESOLVED, further, That the Comptroller be and is hereby authorized and directed to make the following adjustment on his books: APPROPRIATION: A4021.4330 .4332 .4402 .4333 .4452 .4465 Printing/Copying Books/Publications Legal Advertising Promotional Supplies Postage Job Nec. Travel & Training $1,170 2,907 200 617 50 56 REVENUE: A4021.3401 State Aid $5,000 RESOLVED, further, That the County Administrator is hereby authorized to sign any and all agreements necessary to complete this project. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 8 - TOMPKINS CORTLAND COMMUNITY COLLEGE AMENDED STATE FINANCIAL ASSISTANCE FOR 1991-92 9 January 5, 1993 Moved by Mr. Proto, seconded by Mr. Evans, and unanimously adopted by voice vote by members present. WHEREAS, Ciaschi, Dietershagen, Little and Mickelson, Certified Public Accountants (CPA's), has completed an audit of the Tompkins Cortland Community College financial records for the period September 1, 1992 through August 31, 1992, and WHEREAS, the State Annual Financial Report for 1991-92 has been submitted and approved with expenditures and revenues totaling $11,357,310, and WHEREAS, the Tompkins County sponsor contribution to the 1991-92 fiscal year did not change, and WHEREAS, 1991-92 actual State Aid calculation was higher than originally budgeted, and WHEREAS, the college's 1991-92 surplus of $154,491 included additional State Aid of $43,200.65, now therefore be it RESOLVED, on recommendation of the Health and Education and Budget and Administration Committees, That the State financial assistance for Tompkins Cortland Community College in 1991-92 be increased to $3,764,190.65 from the original budgeted level of $3,720,990, RESOLVED, further, That the State of New York pay Tompkins Cortland Community College the amended State financial assistance of $43,200.65 for the year, RESOLVED, further, That this Resolution shall become effective upon the adoption of a concurrent resolution by the Cortland County Legislature. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 9 - AUDIT OF FINAL PAYMENT - CONSTRUCTION MANAGEMENT AND VALUE ENGINEERING (PRE -CONSTRUCTION PHASE) - CIMINELLI-COWPER Moved by Mr. Winch, seconded by Mr. Stein. A short roll call vote resulted as follows: Ayes - 14, Noes - 0, Excused - 1 (Representative Culligan). Adopted. RESOLVED, on recommendation of the Public Works and Construction Management Committee, That the following claim against the County of Tompkins, be and hereby is audited by the Board of Representatives: Vendor Payment Request Account No. Amount Ciminelli-Cowper 5 (Final) 5610.9239 $1,750 RESOLVED, further, That the Comptroller be and hereby is authorized and directed to pay said claim from Account No. 5610.9239. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 10 - AUTHORIZATION OF DETOUR - ROUTE 96 Moved by Mr. Winch, seconded by Mr. Mason, and unanimously adopted by voice vote by members present. WHEREAS, the New York State Depailnient of Transportation proposes to replace the Route 96 bridges over Jenny Creek (BIN 1035020) to Taughannock Creek (BIN 1035030), located in the Town of Ulysses, Tompkins County, and WHEREAS, in conformance with Section 42 of the New York State Highway Law, the New York State Department of Transportation proposes to utilize the following roads and streets as detours during the period of construction. Vehicle traffic, excluding trucks, will be detoured from Route 96, easterly 10 January 5, 1993 along Taughannock Park Road then southerly along Jacksonville Road to its intersection with Route 96, and WHEREAS, the New York State Department of Transportation will provide traffic control devices and make improvements prior to construction and repairs when necessary to the above-mentioned roads to make them adequate to handle additional detour traffic, now therefore be it RESOLVED, on recommendation of the Public Works and Construction Management Committee, That the Board of Representatives of the County of Tompkins does hereby authorize the New York State Department of Transportation to utilize the above-mentioned roads as detours and maintain traffic on them in accordance with Subsection 619 of its Standard Specifications during the period of construction, RESOLVED, further, That the County of Tompkins will continue to provide snow and ice control for the above-mentioned roads and streets, RESOLVED, further, That the Clerk of this Board is hereby directed to transmit three (3) certified copies of this resolution to the State Department of Transportation. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 11 - AUTHORIZING A PUBLIC HEARING - AIRPORT LEASE AGREEMENT WITH US AIR Moved by Mr. Winch, seconded by Mr. Proto, and unanimously adopted by voice vote by members present. RESOLVED, on recommendation of the Public Works and Construction Management Committee, That a public hearing be held by the Board of Representatives on Tuesday, January 19, 1993 at 5:30 o'clock in the evening thereof at Board Chambers of the Tompkins County Courthouse, 320 North Tioga Street, Ithaca, New York concerning a proposed lease agreement with US Air at the Tompkins County Airport. At such time and place all persons interested in the subject matter will be hard concerning the same, RESOLVED, further, That the Clerk of the Board is hereby authorized and directed to place proper notice of such public hearing in the official newspaper of the County. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 12 - AWARD OF BIDS - NEW TERMINAL PROJECT - TOMPKINS COUNTY AIRPORT Moved by Mr. Winch, seconded by Mr. Proto. James Kazda, Sr. Civil Engineer, reported that since the December 15, 1992 Board meeting Triangle Steel and CNY have withdrawn bids. He stated that the County Attorney made a determination based on New York State Construction Law that the County can go with the second bidder if the first bidder withdraws their bid. He said that he believes the cost to delay the project would justify the additional cost of going with these bids. Mr. Stein, Representative, District No. 3, stated that the funds coming to the County to build this terminal come from a fund dedicated to this and may not be used for other purposes such as reducing the property tax levy. If Tompkins County does not use these funds they will be used somewhere else. Mr. Nicholas, Airport Manager stated that the additional cost incurred by awarding to the second lowest bidder will be taken care of by US Air. It was the consensus of the Board to separate out Fergusson Electric. A voice vote on the resolution exempting Fergusson Electric resulted as follows: Ayes - 13, Noes - 1 (Representative Lerner), Excused -1 Representative Culligan). Adopted. 11 January 5, 1993 Mr. Winch, Chairman, Public Works and Construction Management Committee, stated that the County has concerns in awarding an electrical bid for this project to Fergusson Electric of Connecticut due to alleged violations at the State Fairgrounds and at the Cornell Vet School in regard to apprenticeship training and overtime. County staff has contacted the New York State Department of Labor. The Department has told the County that these are alleged violations which are under investigation. Chairman Watros declared recess from 7:47 p.m. - 7:55 p.m. It was Moved by Mrs. Call, seconded by Mr. Evans, and unanimously adopted by voice vote by members present, to enter into executive session at 7:55 p.m. to discuss Airport Litigation. The meeting returned to open session at 8:15 p.m. It was Moved by Mr. Winch, seconded by Mrs. Call, to award the bid for electrical work to Fergusson Electric of Plainville, CT in the amount of $699,400. A roll call vote resulted as follows: Ayes - 9, Noes - 5 (Representatives Dietrich, Lerner, Mink, Schuler and Stein), Excused - 1 (Representative Culligan). Adopted. WHEREAS, the Division of Purchasing and Central Services has duly advertised for bids in accordance with specifications as approved by Airport Construction Committee, the Federal Aviation Administration (FAA), and the New York State Depai tiuent of Transportation (NYSDOT), and WHEREAS, bids were received an publicly opened and read on August 17 and August 18, 1992, now therefore be it RESOLVED, on recommendation of the Airport Construction and Capital Program Committees, That the bids for the New Terminal Project be awarded as follows, subject to agreement by the FAA and NYSDOT and subject also to funding commitments being received from the FAA, NYSDOT and the Airlines: Site Work, Paving and - Hartman Development of Macedon, NY Utilities in the amount of $1,723,749 General Construction - Daniel J. Lynch of Endwell, NY in the amount of $2,170,000 Heating, Ventilation and - J & K Plumbing and Heating of Binghamton, NY Air Conditioning in the amount of $763,000 Electrical - Fergusson Electric of Plainville, CT in the amount of $699,400 Structural Steel - Raulli & Sons, Inc. of Syracuse, NY in the amount of $635,000 Plumbing and Fire - ABL Plumbing and Heating of Syracuse, NY Protection in the amount of $206,640 RESOLVED, further, That the County Administrator is hereby authorized to execute contracts with these firms to implement these bids, RESOLVED, further, That the Comptroller is hereby authorized to borrow monies until reimbursement is received from the FAA, NYSDOT, PFC's and the Airlines for this project, RESOLVED, further, That any remaining budgeted funds be allocated for miscellaneous project expense, staff services, construction testing and change orders, RESOLVED, further, That a project contingency of ten percent be established, funds being available in Account No. 5610.9239 and the County Administrator be authorized to sign future change orders up to the contingency amount, RESOLVED, further, That the county, as Lead Agency in this Type I action under the SEQR process, has completed a Full Environmental Assessment, has reviewed the assessment with all involved and interested parties, has findings to same, and has determined that the assessment did not identify any significant unmitigable impacts as identified in the project. SEQR ACTION: TYPE I OR UNLISTED (DETERMINATIONS OF FINDINGS INCLUDED HEREIN) 12 January 5, 1993 RESOLUTION NO. 13 - RESOLUTION IN MEMORIAM - SCHUYLER COUNTY Moved by Ms. Mink and seconded by Mr. Evans, and unanimously adopted by voice vote by members present. WHEREAS, the Schuyler County on October 15, 1992 experienced the tragic murders of four members of its Department of Social Services staff, and WHEREAS, the lives of these county staff were taken in the course of their assigned duties in the support collection unit of the Department of Social Services at Watkins Glen, the county seat of Schuyler County, and WHEREAS, the entire Schuyler County community grieves the loss of these exemplary staff members as a result of a senseless and wanton act of violence committed by a disturbed individual who thereafter took his own life by gun shot, and WHEREAS, the victims' families, their co-workers and friends continue to mourn their deaths, it is now an appropriate time to remember each of these dedicated county staff in this period of sorrow - and commit that all concerned work together to prevent such senseless acts in the future, now therefore be it RESOLVED, That the Tompkins County Board of Representatives pauses to remember the four women killed in Schuyler County on, October 15, 1992 while serving the citizens of the county and the clients of the Department of Social Services: Phyllis K. Caslin, a Support Unit Investigator. She had worked for the County for 18 years and was the mother of three grown children. Florence A. Pike, the Support Unit Supervisor. She had worked for the County since 1972, was married and had three grown children. Denise Miller Van Amburg, an Account Clerk who worked for the County for two years. She was married and had two young children. Nancy J. Wheeler, a Senior Account Clerk. She had worked for the County for eight years, was married and had three grown children. RESOLVED, further, That Tompkins County residents be aware that the Schuyler County Legislature has established a fund entitled the "Schuyler County Workers Memorial Fund" to assist families of the victims and that contributions can be made by payment to "Schuyler County Treasurer - Memorial Fund" and sent to Schuyler Treasurer, 105 Ninth Street, Watkins Glen, NY 14891, RESOLVED, further, That a copy of this resolution be forwarded to the Schuyler County Legislature Chairman and to the New York State Association of Counties. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 14 - RESOLUTION OF RESPECT - HONORABLE FREDERICK G. MARCHAM Moved by Mrs. Call and seconded by Mr. Todd, and unanimously adopted by voice vote by members present. WHEREAS, the Honorable Frederick George Marcham was known throughout Tompkins County for both civic and academic diligence and integrity, and WHEREAS, he first brought his many skills to the position of Mayor of the Village of Cayuga Heights in 1956, and WHEREAS, he continued to serve in that capacity for 32 years, the longest tenure of a village mayor in New York State, and WHEREAS, he entered all intermunicipal activities with honesty, humor and wisdom, and all of Tompkins County benIfitted from these traits, now therefore be it 13 January 5, 1993 RESOLVED, unanimously by this Board, That the members thereof express their appreciation for the many contributions made to the community by him and extend their sympathy and sincere condolences to the family of Frederick G. Marcham, RESOLVED, further, That the Clerk of the Board forward a certified copy of the resolution to the family of Frederick G. Marcham and to the Village of Cayuga Heights. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) It was Moved by Mr. Stein, seconded by Mrs. Livesay, and unanimously adopted by voice vote by members present, to reconsider Resolution No. 2 entitled Resolution Determining Significance Pursuant to SEQR and Authorization for the Issuance of a Negative Declaration - Execution of Purchase Option Agreement with Thorntree Hill Associates. Mr. Stein, Representative, District No. 3 questioned the SEQR action on this resolution and referred to a section of the State SEQR Law read by Ms. Darlington under privilege of the floor. Mr. Mulvey, County Attorney, assured the Board that this is an unlisted action and does not require a full environmental assessment because it is under 100 acres. A voice vote on the resolution following reconsideration resulted as follows: Ayes - 12, Noes - 2 (Representatives Schuler and Stein), Excused - 1 (Representative Culligan). Adopted. RESOLUTION NO. 404 - BLANKET AUTHORIZATION TO EXECUTE REAL ESTATE LISTING AGREEMENTS, PURCHASE AGREEMENTS AND DEEDS Resolution No. 404 of 1992 was Tabled indefinitely. A revised version was adopted as Resolution No. 4 of 1993. RESOLVED, on recommendation of the Budget and Administration Committee, That the County Administrator is authorized to execute real estate listing agreements pursuant to the County's contract real estate broker, purchase agreements, and deeds in order to convey property acquired by Tompkins County through foreclosure and through the Landfill Neighborhood Protection Program, RESOLVED, further, That with respect to 1992 foreclosed properties only, the County Administrator is authorized to execute listing agreements effective April 1, 1993, but that in future years those agreements may be authorized immediately after foreclosure by Tompkins County, provided that written notice is provided to parties whose properties are in foreclosure that this will take place, RESOLVED, further, That when the County Administrator is able to determine that a foreclosed property is occupied by the owner of record at the time taxes became delinquent, that no listing agreement may be signed until specifically authorized by the Budget and Administration Committee and that said Committee shall provide said authorization only when it is determined that no reasonable efforts are being made by the owner of record to secure sufficient funds to re -purchase the property, RESOLVED, further, That all deeds of conveyance by Tompkins County of foreclosed properties shall be quitclaim deeds, and all deeds conveying the properties purchased through the Landfill Neighborhood Protection Program shall be warranty deeds if so authorized by the County Attorney. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) On motion of the appropriate committee chairmen and duly seconded and unanimously adopted by voice vote by members present, the following appointments were made to various advisory boards: Fire, Disaster and EMS Advisory Board Terms expire December 31, 1995 14 January 5, 1993 Chris Burris - Town of Lansing Delegate representative Dennis Griffin - Town of Lansing Alternate representative Landfill Neighborhood Protection Committee Term expires December 31, 1995 Nancy Ten Kate - Town of Dryden representative Service Delivery Area/Private Industry Council Arlene Chase - Business sector representative It was Moved by Mr. Proto, seconded by Mr. Evans, and unanimously adopted by voice vote by members present, to enter into executive session at 8:29 p.m. to discuss litigation and personnel matters. The meeting returned to open session at 9:01 p.m. It was Moved by Mr. Proto, seconded by Mr. Evans, and unanimously adopted by voice vote by members present, to confirm the County Administrators recommendation to appoint Brenda Vassalotti to the position of Acting Public Health Director. On motion, the meeting adjourned at 9:02 p.m. 15 January 12, 1993 Special Board Meeting Chairman Watros called the meeting to order at 5:30 p.m. Members and guests participated in the Pledge of Allegiance. Present: 13 Representatives. Excused: 2 (Representatives Shurtleff and Winch, Representative Mink was excused at 6:55 p.m. and Representative Dietrich was excused at 7:07 p.m.) Mrs. Livesay, Chair, Solid Waste and Resource Management Committee, requested that the haulers be invited to sit amongst Board members and to be included in the discussion. RESOLUTION NO. 15 - RESOLUTION OF INTENT TO INSURE CONTROL OF SOLID WASTE HAULING Moved by Mrs. Livesay and seconded by Mrs. Call. The haulers introduced themselves: Doug Brown - Doug's Trash Removal; Rick Ferrel, Assistant Superintendent, City of Ithaca; Bob Formeck, Vice President, Superior; Joseph Micilcavage, President, Superior Disposal Services. 1. Discussion of past operational problems - hauler perspective, County perspective. Chairman Watros stated that the purpose of this meeting was to discuss this Resolution and give an opportunity for discussion between the Board members, staff and the haulers. Mr. Micilcavage asked that the Board clarify the purpose of the Resolution in terms of the problems with the existing system and how to improve it and make it less costly for the citizens. Mrs. Livesay stated that the purpose of the resolution is to answer concerns of the Board about problems that the County has in terms of not being able to insure that the revenues the County needs to operate programs come to the County. She also stated that the present system has revenues collected by haulers associated with picking up and hauling of trash, and that members of this Board feel the. County cannot afford to lose any more dollars, therefore, need to have assurance of this income. The purpose of the resolution is to ask staff to explore all possibilities to determine if there may be more ways to insure revenues. Mr. Micilcavage responded that he thought this was insured through the Flow Control Law. Mrs. Livesay stated that after the adoption of the Law, the County lost months of revenues but there would be no discussion on grievance issues at this meeting. Mr. Proto stated that the County is looking to insure cash flow and to insure that that the trash is not being taken out of the County. Mrs. Livesay reported that Barbara Eckstrom, Solid Waste Manager, expects that all waste generated in Tompkins County is not leaving Tompkins County. Mr. Brown stated that no one is taking trash out of the County. Mr. Lerner added that the issue of compliance or non-compliance of the Flow Control Law is not the only thing that the resolution is intending to address and that there has been problems with some 16 January 12, 1993 haulers in delivering waste to the County and failing to pay when required or not at all. Mr. Lerner also added that the County is paying about $ 30,000 a year in expenses in processing the paperwork to monitor on which haulers are dropping off garbage and who is or is not paying for their disposal fee. Mr. Lerner feels that there is a way to simplify this process. He restated that there is a need for the County to think about consolidating the separate hauling and payment systems. Mr. Lerner stated the there also needs to be discussion on ways the County can minimize the cost of trash collection for all residents. Mr. Stein asked the haulers to discuss any problems that exist now so that the Board can focus on solving these problems in order to assure the County residents that there will not be problems in the future, similar to those in the past. Mr. Brown reassured the Board that the haulers have a good working relationship with the County and that there is no problem paying $95/ton disposal fee. Mr. Brown went on to say that the problem arose when the County asked the haulers to pay the $145 a ton fee. Ms. Mink questioned Mr. Ferrel asking if the City had a problem paying the $145/ton fee and if this was the cause for running up their debts. Mr. Ferrel answered saying that the City had an excess amount of money before the increased fees and used the excess money to fund the following year and that when the price went up to $145 a ton the City could not pay. Mrs. Livesay explained that the County did not ask the haulers to pay $145/ton, the citizens of the County are the ones who were to pay for the disposal of their trash and if there is a problem with this system then it needs to be discussed. Mr. Brown stated that because of the problems of residents over stuffing bags, haulers are the ones who pay the price in the long run. Mrs. Livesay stated that she felt it was Mr. Brown's opinion that it doesn't work well for the haulers to collect the fees, therefore, there needs to be another system. Mr. Culligan stated that the system compensates itself due to some residents understuffing and that this makes up for those who overstuff their garbage bags. Mr. Culligan suggested that special trash bags be purchased that will break if stuffed over a certain weight. He requested that the first option in the resolution include trashbags. Mrs. Livesay accepted Mr. Culligan's suggestion as a friendly amendment and stated that the information could be gathered upon request. Mr. Micilcavage stated that Superior does not have a problem with the $95/ton disposal fee. Mrs. Livesay replied that the committee has been working on other ways of collecting the disposal fee, and that the County residents will be paying this year to make up for the deficit. Mrs. Livesay restated that the haulers can not decide what the County's costs are just as the County can not decide the haulers' cost. Mrs. Livesay stated that the County has lowered the tipping fee to $95/ton and now there needs to be another way to make up the loss of revenue due to lowering the fee. This is the proposed annual fee that the County is discussing. Mrs. Livesay commented that there is a feeling of concern about paying this fee, some people are saying that they would rather pay it in the disposal cost in the trash tag. 17 January 12, 1993 Mr. Stein stated that the City of Ithaca's garbage is left at the curbside if it is over 35 pounds and asked the haulers why can't the haulers do the same. Mr. Ferrel explained that the City assesses the resident a penalty fee if the bags are over weight. Mr. Culligan stated that the haulers need to all have the same rules of operation. Mr. Micilcavage stated that the City of Ithaca's system is different and that they are not in competition, thus, having the option to leave the garbage and not worry about losing business to someone else. Mr. Mason stressed that if everyone continues to haul within the County, the haulers stand a better chance of not losing business by leaving the garbage if over weight. Mr. Lerner stated that Mr. Micilcavage is apparently suggesting that municipal collection is superior to private collection because competition creates extra costs. Mr. Brown commented that the County made the haulers the middleman on the budget. He stated that the City can leave their garbage because they have scales. Mr. Brown stated that the higher the rate is, the less garbage there is to pick up because people are resorting to burning their trash. Mr. Brown explained that Brown's Trash has started a recycling project and said that customers are burning their trash in order to decrease the amount of trash needed to be picked up. Mr. Brown stated that the "system is doomed to fail". Mrs. Livesay replied to Mr. Brown's statement stating that the County made the haulers the middleman to collect the fee. She said that it was the haulers' choice at that time to collect the fee. Mrs. Livesay stated that maybe the haulers wish not to be the middleman any longer. Mr. Brown replied that at $95/ton that there is no problem. Mr. Lerner stated it was his opinion that it's not that Mr. Brown does not want to be the middleman but that the haulers do not want to be the enforcer on the weight of the bags. Mr. Brown replied that the $95/ton is not a problem and that neighboring counties are decreasing their fee to $70/ton and that the County needs to explain the fee and provide a breakdown. Mr. Brown stated that recycling needs to be done separately. Mr. Brown said that he feels that County residents should pay a fee for recycling that is separate from the disposal fee. Mrs. Eckstrom clarified that the revenues versus expenses is equal and the better the County gets at recycling the higher the disposal costs will be. She explained that people could pay less even if the low price is higher than it is at present. Mr. Todd stated that when the disposal fee went up, the incentive to reduce trash increased. Mr. Lerner replied that for every ton of material that gets diverted from disposal into recycling, from the point of view of the County, the material that is sent out for disposal generates the $95 By recycling, the County receives nothing, therefore, by recycling, the County is undermining its' budget which then hinders a revenue stream set up for recycling. Therefore, Mr. Lerner believes this needs to be dealt with. 18 January 12, 1993 Mr. Proto referred to the guidelines set for discussion at this meeting, Item No. 1 regarding past operational problems and asked the haulers if there were anymore problems (besides the fee) that the County needs to be made aware of. Mr. Brown replied that he had no problems and that the landfill was easily accessible, best kept and run as well as the transfer station and that up until last year he has no problems. Mr. Micilcavage replied that Superior has a good working relationship with Mrs. Eckstrom and Mr. Squires and even though there are still some problems with Flow Control, overall everything is fine. Mr. Ferrel stated that he felt the location of the landfill was convenient. Mr. Culligan commented that with composting there is a decrease in garbage waste and that Cornell will be handling a great volume of composting and asked Mrs. Eckstrom how she foresees composting on the County level. Mrs. Eckstrom stated that there is a charge for composting on a per ton basis and that the Solid Waste Department is working jointly with Cornell and the City of Ithaca on a composting facility. She stated that the Director will consider examining the co -collection of composting and trash. She stated that the County has the capabilities of reducing residents' cost of collecting both. 2. What relationship should or needs to exist between County government and the haulers? What do haulers need? What does County government need? Mr. Stein stated that the components of the haulers' role needs to be a guarantee of assurance of long-term stability between the haulers and the County. Mr. Micilcavage replied that Superior wants stability also but they too need assurance that they are doing business with the County without fear of going out of business due to possible implementation of a municipal collection system. He stated that their relationship with the County is excellent at this time and that they are complying with the transfer station regulations and that they do not foresee going anywhere else. Mr. Micilcavage stated that Superior wants to do business in the County. Mrs. Livesay stated her concerns of difference of opinion that people would rather pay it all on the disposal fee on their trash tag and that the Board needs to try to resolve the difference between what the public needs and what the haulers need to stay in business in order for the County to meet expenses. Mr. Micilcavage stated that his customers are happy with the system and that the only way to get a clear understanding of what people want is possibly through a referendum. Mrs. Livesay stated that some people expressed they do not want to pay the annual fee that there needs to be some other way to collect for the revenues. She felt they need to reconsider the collection fees to satisfy the residents. Mr. Micilcavage stated that his company has explained the recycling system to their customers and are not experiencing any problems. Mrs. Livesay commented that the fee is not directly related to how much one recycles. Mr. Brown replied that he identified the annual fee as a recycling fee and explained to his customers that it was a recycling fee. Mr. Brown stated that he felt the County needs to explain the system. 19 January 12, 1993 Mrs. Call stated that in order to absorb the costs, the County needs to have an additional fee source and that the Solid Waste Committee is working on revising a plan for a recycling fee. Mr. Proto stated that he feels the haulers want to be part of the decision-making process and expressed the need to keep communication open. 3. Distribute chart on costs - Hauling and County program breakdown and assessment of fees - Discussion Mrs. Eckstrom briefly explained the purpose of the Recycling and Disposal charts and they are designed to show the average amount and cost of waste disposal and recycling per household. She also explained the charts outline the waste and cost per pound per household for waste collection. She stated that the goal is to refine the system of collection no matter what the material is in order to strivefor low cost and provide a degree of service that people are satisfied with. Mrs. Eckstrom referred to the brochure What We're Paying and Why explaining that the recycling fee is assessed for services being provided and for the opportunity to access recycling service in this County. Mrs. Dietrich suggested that the haulers consider bi-weekly disposal collection. Mr. Watros referred to the handout stating that the County has a $7.5 million expense relative to waste issues and with the present plan with the haulers, it only generates about $4.3 million in revenue and the County is in need of an additional $3.2 million in order to balance the budget. 4. How should we handle collection of waste, recyclables, etc., in a cost effective reliable manner that enables County government to collect the revenues needed for the operation of the programs and maximizes the ability of local haulers to remain in business? Ms. Mink asked the haulers what they felt would be the most cost effective way is to handle garbage. Mr. Ferrel stated that the City's circumstances are different than the other haulers being that the City is non profit, and he feels that the haulers are entitled to make a profit. Ms. Mink stated that the County is focusing on obtaining the best price for residents. Mr. Culligan suggested that municipalities place their bin out every two weeks in order to cut costs. Mrs. Eckstrom stated that the villages do not need pick up every week versus the cities who need pick up every week. There is a need to examine a more cost effective system. Ms. Mink asked Mrs. Eckstrom what the reaction would be if the County put garbage disposal out to bid. Mr. Micilcavage stated that Superior likes the system the way it is, but he felt that if the County decides to have municipal collection, then Superior will need to accept it. Mr. Brown stated that he is happy with the system now, and said the public has informed him that they too are happy with the present system. 20 January 12, 1993 Mr. Lerner explained that he feels there may not be a cost savings by eliminating the drop-off centers, but by having curbside collection of paper, there is less volume at the drop-off centers. Mrs. Eckstrom stated that the drop-off centers cost more now because they collect less material and there are fixed costs. Mrs. Eckstrom stated that she feels the costs for handling mixed paper is inefficient and there is a need to explore this further and examine the options. Mrs. Livesay stated that some of the public has conveyed to her that they feel there is a need for more alternatives in choosing a hauler. She restated that the some of the public has also questioned whether costs may be higher due to various haulers driving greater miles to pick up a small amount of bags. Thomas Corey, member, Chamber of Commerce Board of Directors, reported that a sub- committee is in the process of preparing a report for the Board of Representatives. He said the committee is conducting an analysis based upon the guidelines Chairman Watros provided with a break down of the areas that County government is involved in pertaining to solid waste disposal. Mr. Corey reported that the committee has collected about 50 comments from businesses in Tompkins County regarding their feelings towards the proposed solid waste fee. He stated that there are some major concerns by large manufacturing businesses regarding the implementation of this fee. Mr. Corey requested that Mrs. Call provide the Chamber with a copy of the changes in guidelines prepared by the Budget and Administration Committee upon completion. Mrs. Call stated that she received copies of the comments from these businesses that Mr. Corey was referring to and would provide him with the new guidelines upon completion. Ms. Mink was excused from the meeting at 6:55 p.m. Mr. Evans stated that he would like to consider the possibility of charging by volume versus weight and requested that an analysis be done. It was moved by Mr. Evans, seconded by Mr. Proto to amend the resolution as follows: Item No. 7, "The County examine the volume method of charging for waste". A voice vote resulted as follows: Ayes - 12, Noes - 0, Excused - 3 (Representatives Mink, Shurtleff and Winch). Motion carried. A voice vote resulted on the resolution as amended as follows: Ayes - 12, Noes - 0, Excused - 3 (Representatives Mink, Shurtleff and Winch). Adopted. WHEREAS, some citizens and members of this Board have requested that County government exercise more control over garbage collection services in the County, and WHEREAS, a number of options exist for County government to prevent abuses by more closely regulating the trash hauling businesses, including: 1) The County selling trashtags or trashbags, and/or 2) The County buying and operating trash vehicles, and/or 3) The County putting trash collection out to bid as a exclusive County provided service, and/or 4) The County assisting municipalities in providing trash collection service to residents, and/or 5) The County franchising trash hauling districts, and/or 6) The County operating its own collection service in competition with the private sector, and/or 7) The County examine the volume method of charging for waste, now therefore be it 21 January 12, 1993 RESOLVED, on recommendation of the Solid Waste and Resource Management Committee, That the County Attorney and County Administrator be directed to prepare a report and a plan that would determine all the steps necessary to insure sufficient County control over all refuse hauling not provided by municipalities, to guarantee the revenues and overall integrity of the Tompkins County Solid Waste Management program, RESOLVED, further, That said report shall be presented to the Board by March 31, 1993. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) Mrs. Call announced that there will be a public informational discussion on the proposed annual fee tomorrow evening, January 13, 1993. Mrs. Livesay thanked the haulers and Board members for meeting this evening. Chairman Watros declared recess from 7:07 p.m. - 7:17 p.m. Mrs. Dietrich was excused at 7:07 p.m. It was moved by Mrs. Call, seconded by Mrs. Livesay and unanimously adopted by voice vote to enter into executive session to discuss possible litigation. An executive session was held at 7:17 p.m. The meeting returned to open session at 7:48 pm. On motion, the meeting was adjourned at 7:48 p.m. 22 January 19, 1993 Regular Meeting Public Hearing Chairman Watros called the public hearing to order at 5:30 concerning a proposed lease agreement for US Air at the Tompkins County Airport. Chairman Watros asked if any one wished to speak? No one wished to speak and the public hearing was closed at 5:30 p.m. Members and guests participated in the Pledge of Allegiance. Present: 14 Representatives. Excused: 1 (Representative Dietrich). It was Moved by Mr. Evans, seconded by Mrs. Call, and unanimously adopted by voice vote by members present, to approve the minutes of January 5, 1993, as corrected. Chairman Watros read a proclamation declaring January 25, 1993, as Dr. John W. Hirshfield day in recognition of his immeasurable contribution to health care in the community.. Chairman Watros announced that the 1993 list of committee assignments and responsibilities is complete and available in the Board office. Chairman Watros announced the appointment of Beverly E. Livesay as Intergovernmental Representative. Mrs. Livesay will assist the Chairman of the Board in the affairs with relationships with both levels of government in Tompkins County as well as County governments across the State. She will also assist the Board in its relationships throughout Tompkins County as well as County governments across the State. She will also assist with issues at the State and Federal level impacting our government such as legislative/mandate relief as well as other legislative issues. Under privilege of the floor, Donald Barber, Chairman, Environmental Management Council, spoke concerning the proposed solid waste annual fee. Mr. Barber expressed opposition to the word recycling being included in the title of this fee. He believes that by naming this a recycling fee, people would be discouraged from recycling. Under privilege of the floor, Mrs. Call, Representative, District No. 10, thanked Mrs. Livesay, Representative, District No. 11, for her work as Chairman of the Solid Waste and Resource Management Committee during a very difficult and stressful time in dealing with solid waste. Under privilege of the floor, Mrs. Schuler, Representative, District No. 4, stated that Congressman Maurice Hinchey has also expressed concern with the proposed solid waste annual fee including the word recycling in its title. Mrs. Call, Chairman, Budget and Administration Committee, announced that the title to the proposed fee has been changed and will not include the word recycling. Mrs. Schuler thanked the Committee for changing the title of this fee. Chairman Watros declared recess from 5:47 p.m. - 5:49 p.m. It was Moved by Mr. Evans, seconded by Mrs. Livesay, and unanimously adopted by voice vote by members present, to enter into executive session at 5:49 p.m. to discuss the Procurement process for the Central Processing Facility. The meeting returned to open session at 6:13 p.m. Mr. Proto, Chairman, Health and Education Committee, reported on activities of the Board of Health. Mr. Proto stated that the Board did not adopt the changes to the Sanitary Code as proposed by the State of New York. Mr. Proto reported that the Health Department has begun lead screening and that approximately 85 children have been tested and screened. Mr. Proto announced that the Health Department is no longer issuing permits for open burning. These permits must now be obtained through the New York State Department of Environmental Conservation. 23 January 19, 1993 Mr. Proto, Vice Chairman, Planning Committee, reported that the Committee met January 11. The Advisory Board on Affordable Housing report was approved by the Committee. Mr. Proto stated that Dwight Mengel, Transportation Planner, gave the Committee a presentation on the Ithaca Tompkins Transportation Commission. Mr. Proto made mention of the Ithaca calendar of events produced by the Convention and Visitors' Bureau. Ms. Mink, Chairman, Human Services Committee, reported on the security situation at the Biggs complex. Ms. Mink stated that following a meeting with the Public Safety Committee and Mary Pat Dolan, Commissioner of Social Services, there is armed security personnel at the site. This will be on an interim basis until a long range decision is made. She reported on a series of open forum meetings with employees and tenants of Biggs A (see Employee Council report later in meeting). Ms. Mink made reference to a recent article written by Jay Tokasz at the Ithaca Journal which reflected the situation accurately. Ms. Mink restated the security measures already in effect at the Biggs complex. She stated that she would like for the Committee to continue to meet in 1993 on the first Thursday of the month at 10:00 a.m. in 1993. Ms. Mink, Public Information Committee, reported on a panel discussion concerning solid waste that will air on January 21. She stated that the Committee would like to hold an issues forum and if anyone has ideas they would like aired or discussed to let the Committee know. Mr. Mason, Chairman, Public Safety Committee, reported that the Committee met on January 7. Mr. Mason reported that the Committee heard an extensive report from the Civilian Review Board for the Sheriffs Department. He stated that 11 of 14 complaints have been resolved. Mr. Mason announced that Darryl Avery, formerly of Schuyler County, now holds the position of Undersheriff. He stated that Gordon Stevens, formerly of Chemung County, now holds the position of Corrections Administrator. Mr. Winch, Chairman, Public Works and Construction Management Committee, reported that Committee business is reflected on the agenda. Mr. Winch read the following statement concerning Fergusson Electric: "Fergusson Electric has had charges and allegations presented to them and to the Department of Labor. The Depaitinent of Labor has been investigating these since our bid opening in late August. Some allegations have been negotiated and settled by mutual agreement." "We in Tompkins County plan to have our Airport project, as we do all projects, carried out in an appropriate, legal fashion. We have gone through the bid process in a fashion that is consistent with Public Construction Project Rules and Laws. An allegation is not a finding. It is our desire to have a safe, legal, beautiful project that all residents in Tompkins County can be proud of -- the way all projects have been run by the Department of Public Works, specific project committees such as the Airport Development and Construction Committee, and the Board of Representatives during my tenure as Chairman of the Public Works and Construction Management Committee." "To that end our staff in Public Works, our construction manager, Ciminelli-Cowper, and our County Attorney have been keeping abreast of this investigation since August. 'What are our plans in Tompkins County?' We plan to have our construction manager, Ciminelli-Cowper, our Public Works staff in cooperation with the Department of Labor, and the FAA if appropriate, review certified payrolls prior to any payment for each of the contractors working on the project. These payments are usually presented to the Committee monthly. I plan to have a copy of these certified payrolls on file in the Board of Representatives for the duration of the project for representatives and the public to review." Mr. Todd, Chairman, Fiscal Affairs Committee, stated that the Committee met on January 7 and 14 and began review on the proposed fiscal plan. Assemblyman Luster attended the January 14 meeting to discuss the State takeover of Medicaid and sales tax. 24 January 19, 1993 Mr. Todd, Chairman, Article 18 Task Force, reported the Committee met January 7. Chairman Watros and representatives of the Advisory Board on Indigent Representation were present at this meeting. The Committee will meet again January 22. Mrs. Livesay, Chairman, Solid Waste and Resource Management Committee, reported that the Committee met January 14 and had a presentation on out of County disposal alternatives. The Committee discussed out of County alternatives and also had a presentation from representatives from Seneca Meadows. Mrs. Livesay stated that the Department of Environmental Conservation has made comments on the Solid Waste Management Plan. She said now is the time for Corrections. The Solid Waste Management Advisory Committee is working on some changes. Mrs. Livesay asked for comments and suggestions to be submitted to the Solid Waste and Resource Management Committee. Mrs. Livesay reported that the Committee has accepted the 1993 Projected Recycling and Waste Disposal Cost Analysis which demonstrates that the cost to the public per ton for recyclables is substantially less than the cost to the public per ton for disposal. Mrs. Livesay reported on the status of the landfill closure grant and stated that the grant still has not been signed by the State. She stated that Barbara Eckstrom, Solid Waste Manager, will be reviewing the possibility of waste being accepted at local recycling drop-off centers. Mr. Lerner, Representative, District No. 1, stated that as Chairman of the Solid Waste and Resource Management Committee in 1993, he will try to address serious concerns that have been raised pertaining to solid waste. Mr. Lerner stated that in 1993 he would like the Committee to focus on stability. Mr. Lerner listed the following eight categories he would like to address in 1993: 1) process issues, 2) DR -7, 3) moving forward with the Central Processing Facility, 4) balance budget, 5) privatization, 6) regulations of hauling, 7) illegal dumping and 8) public information. Mrs. Call, Chairman, Budget and Administration Committee, reported that the Committee met January 8. The Committee had a discussion on the assessment appeals process. Staff will review two sections in the County Charter to see if the local and County appeals process can be combined. Mrs. Call reported on progress with the proposed Solid Waste Annual Fee and stated that the proposed fee would be due in August. She said there would be an appeals process and that the proposed fee may be changed in 1994. She briefly reviewed the recommendations in terms of cost and categories for this proposed fee. Mr. Heyman, County Administrator, reported on activities of the Employee Safety and Health Committee. Mr. Heyman requested that 1993 committee chairmen try to schedule committee meetings five days prior to the Budget and Administration Committee meeting date. Mr. Heyman stated that an open house for the Old Jail which has been converted into County office space will be announced at a later time. Cheryl Nelson, Chairman, Employee Council, reported that the Council met with the Human Services Committee on January 6. It was decided that the Biggs A Security Committee would conduct a series of open forum meetings with the employees and tenants in Biggs A. Following these meetings, a recommendation will be sent to the Human Services Committee for consideration and action. Mrs. Nelson thanked members of the Board for attending this meeting on January 6 and taking interest in County employees. Mr. Mulvey, County Attorney, stated that the monthly report for his office has been submitted to the Board office. Mr. Mulvey reported on the successful outcome of a litigation case. Chairman Watros gave the appropriate committee chairmen permission to withdraw from the agenda the resolution entitled Authorization to Hire Above Midpoint - Sheriffs Department. Chairman Watros gave the appropriate committee chairmen permission to withdraw from the agenda the following resolutions with final committee action being affirmed: 25 January 19, 1993 CA004-93 - Approval of Contract with Town Of Caroline CA005-93 - Renewal of Contract with Carlson Associates CA006-93 - Approval of Contract with Better Housing for Tompkins County CA007-93 - Approval of Contract with Davidson -Peterson Associates CA008-93 - Authorization to Contract - Department of Social Services CA009-93 - Acceptance of Award, Authorization to Execute Contracts and Budget Adjustment — Breast Health Partnership — Health Department CA010-93 - Authorization to Submit a Grant Proposal - Healthy Heart Program CA011-93 - Award of Bid - Refuse Removal CA012-93 - Reclassification of Position - Bridge Mechanic - Public Works CA013-93 - Award of Bid - 1993 County Vehicles CA014-93 - Amendment of Resolution No. CA085-92 - Award of Bid - Computer Software RESOLUTION NO. 16 - DISSOLUTION OF THE ADVISORY BOARD ON AFFORDABLE HOUSING Moved by Mr. Proto, seconded by Mrs. Schuler, and unanimously adopted by voice vote by members present. WHEREAS, the Board of Representatives established the Tompkins County Advisory Board on Affordable Housing, by Resolution No. 312 of October 10, 1989 in order to advise the Board of Representatives on matters related to the provision of affordable housing, and WHEREAS, the Advisory Board has prepared and presented to the Board of Representatives its final report, entitled A Chronicle of Achievements and Recommendations, and WHEREAS, the Advisory Board has fulfilled its charge by the Board of Representatives and recommends the dissolution of the Advisory Board, now therefore be it RESOLVED, on recommendation of the Planning Committee, That the Tompkins County Advisory Board on Affordable Housing is hereby dissolved, RESOLVED, further, That the Board of Representatives extends its appreciation and admiration to all members to the Advisory Board, past and present, for their many hours of work on behalf of the Board of Representatives, the County and its residents, and that the Chairman write a letter of appreciation to the members of the Advisory Board. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 17 - AUTHORIZATION TO CONVEY PROPERTY OBTAINED BY FORECLOSURE Moved by Mrs. Call, seconded by Mr. Proto, and unanimously adopted by voice vote by members present. RESOLVED, That the County Administrator is authorized to execute a quit claim deed conveying Town of Caroline Tax Parcel No. 30-1-8 to Charles T. McDonald for the sum of $29,000. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 18 - CHANGE ORDER NO. 1 - TRANSFER AND HAULING OF RECYCLABLE MATERIALS Moved by Mrs. Livesay, seconded by Mr. Lerner, and unanimously adopted by voice vote by members present. 26 January 19, 1993 WHEREAS, the following change order in relation to Resolution No. 333 of 1991 has been reviewed and approved by the Solid Waste and Resource Management Committee: Change Order No. 1 - Superior Disposal Service, Inc. shall be required to compact all recyclable plastics to be hauled to a County designated market. The compaction ratio for the densified plastic shall be a minimum of 4 to 1. Superior Disposal shall be authorized to charge $300 per month for this service which shall result in a significant net savings to the County due to decreased hauling costs, now therefore be it RESOLVED, on recommendation of the Solid Waste and Resource Management Committee, That the County Administrator be and is hereby authorized to sign said change order on behalf of the County. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 19 - CHANGE ORDER NO. 2 - CURBSIDE COLLECTION OF RECYCLABLE MATERIALS Moved by Mrs. Livesay, seconded by Mr. Evans, and unanimously adopted by voice vote by members present. WHEREAS, the following change order in relation to Resolution No. 256 of 1991 has been reviewed and approved by the Solid Waste and Resource Management Committee: Change Order No. 2 - Superior Disposal Service, Inc. shall be authorized to collect curbside recyclable materials from commercial establishments as specified by the County. This service shall be provided to businesses which set out recyclable materials equivalent to individual residential set -out quantities. Superior Disposal Service, Inc. shall be paid the same per unit cost ($14.04) unit/year as specified in the contract for the residential curbside service. In addition, Superior Disposal Service, Inc. shall be authorized to collect curbside recyclable materials from residential and commercial units, as specified by the County, within the City of Ithaca's collection service. The cost for these services shall be the same cost ($14.04/unit/year) as specified in the contract, now therefore be it RESOLVED, on recommendation of the Solid Waste and Resource Management Committee, That the County Administrator be and is hereby authorized to sign said change order on behalf of the County. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 20 - TO AMEND RESOLUTION NO. 30 OF FEBRUARY 18, 1992 - DETERMINATION AND CERTIFICATION OF COUNTY CLERK'S ALLOWANCE - ANNUAL EXPENSES FOR ADMINISTERING MORTGAGE TAX (Amended by Res. No. 374 of 1993) Moved by Mr. Mason, seconded by Mrs. Schuler, and unanimously adopted by voice vote by members present. WHEREAS, pursuant to Section 262 of the Tax Law, recording officers are entitled to receive all their necessary expenses for purposes of administering mortgage taxes in their offices on approval and allowance by the State Tax Commission, and 27 January 19, 1993 WHEREAS, the State Tax Commission, by resolution duly adopted July 1, 1946, did determine that such mortgage tax expenses be approved at the amount certified to the State Tax Commission by the County Board of Representatives provided it is a reasonable and necessary allowance for such expenses, and WHEREAS, the County Clerk has conducted a cost analysis and has recommended that the allowance for mortgage tax expenses be increased from $31,619 per annum to $33,508 per annum, now therefore be it RESOLVED, on recommendation of the Public Safety and Budget and Administration Committees, That the sum of $33,508 per annum be and the same hereby is, determined as a reasonable and necessary allowance of the Tompkins County Clerk, the recording officer of the County of Tompkins, for the hire of clerks and assistants and other expenses to assist in the administration of the mortgage recording tax law in her office, and that said sum of $33,508 is hereby certified to the State Tax Commission as the reasonable and necessary allowance for such expenses, RESOLVED, further, That the Clerk of the Board of Representatives is hereby directed to send a certified copy of this resolution, with her original signature thereon, to the State Tax Commission, RESOLVED, further, That this resolution shall take effect immediately. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 21 - APPROVAL OF AIRPORT LEASE AGREEMENT WITH US AIR - NEW TERMINAL PROJECT Moved by Mr. Winch, seconded by Mr. Proto, and unanimously adopted by voice vote by members present. WHEREAS, a public hearing was duly advertised and held on the 19th day of January, 1993, regarding the contract with US Air to occupy the new terminal building, at which public hearing all persons wishing to address the Board on this subject had an opportunity to speak, now therefore be it RESOLVED, on recommendation of the Public Works and Construction Management Committee, That the County Administrator is hereby authorized and directed to execute a contract on behalf of the County with US Air. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 22 - AUTHORIZATION TO EXECUTE A GRANT AGREEMENT WITH NEW YORK STATE DEPARTMENT OF TRANSPORTATION (NYSDOT) - AIRPORT ACCESS CONTROL SECURITY SYSTEM Moved by Mr. Winch, seconded by Mr. Stein, and unanimously adopted by voice vote by members present. WHEREAS, The County has received a grant offer from the New York State Depai tnient of Transportation (NYSDOT) in the amount of $10,800 towards the cost of the Airport Access Control Security System, and WHEREAS, the budget for said project is as follows: FAA Share Account No. 5610.4592 $ 129,600 NYSDOT Share Account No. 5610.3592 $ 10,800 Local Share Account No. 5610.5031 $ 3,600 Total Project Cost Account No. 5610.9239 $ 144,000 RESOLVED, on recommendation of the Airport Construction Committee, That the NYSDOT grant offer in the amount of $10,800 be and hereby is accepted and that the County Administrator is authorized to execute the required documents. 28 January 19, 1993 SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 23 - AUTHORIZATION TO EXECUTE A GRANT AGREEMENT WITH NEW YORK STATE DEPARTMENT OF TRANSPORTATION (NYSDOT) - NEW TERMINAL PROJECT (TOMPKINS COUNTY AIRPORT) Moved by Mr. Winch, seconded by Mr. Proto, and unanimously adopted by voice vote by members present. WHEREAS, The County has received a grant offer from the New York State Depaitment of Transportation (NYSDOT) in the amount of $ 248,105 towards the cost of constructing the New Terminal, and WHEREAS, the budget for said project is as follows: FAA Share Account No. 5610.4592 $ 1,488,632 NYSDOT Share Account No. 5610.3592 $ 248,105 Local Share Account No. 5610.5031 $ 2,932,293 (PFCs, Airlines, Future Entitlement Funds) Total Project Cost Account No. 5610.9239 $ 4,669,030 RESOLVED, on recommendation of the Airport Construction Committee, That the NYSDOT grant offer in the amount of $ 248,105 be and hereby is accepted and that the County Administrator is authorized to execute the required documents. SEQR ACTION: EXEMPT OR TYPE I (FINDING OF NO SIGNIFICANT IMPACT) RESOLUTION NO. 24 - AUTHORIZATION TO EXECUTE A GRANT AGREEMENT WITH NEW YORK STATE DEPARTMENT OF TRANSPORTATION (NYSDOT) - NEW TERMINAL RAMP AND ACCESS ROAD (TOMPKINS COUNTY AIRPORT) Moved by Mr. Winch, seconded by Mr. Stein, and unanimously adopted by voice vote by members present. WHEREAS, The County has received a grant offer from the New York State Department of Transportation (NYSDOT) in the amount of $ 156,000 towards the cost of constructing the New Terminal Ramp and Access Road, and WHEREAS, the budget for said project is as follows: FAA Share Account No. 5610.4592 $ 2,808,000 NYSDOT Share Account No. 5610.3592 $ 156,000 Local Share Account No. 5610.5031 $ 1,113,499 (PFCs, Airlines, Future Entitlement Funds) Total Project Cost Account No. 5610.9239 $ 4,077,499 RESOLVED, on recommendation of the Airport Construction Committee, That the NYSDOT grant offer in the amount of $ 156,000 be and hereby is accepted and that the County Administrator is authorized to execute the required documents. SEQR ACTION: EXEMPT OR TYPE I (FINDING OF NO SIGNIFICANT IMPACT) 29 January 19, 1993 RESOLUTION NO. 25 - AUTHORIZING AN INCREASE IN CONTRACT FEE AND BUDGET ADJUSTMENT - AIRLINE NEGOTIATIONS - TOMPKINS COUNTY AIRPORT Moved by Mr. Winch, seconded by Mr. Culligan, and unanimously adopted by voice vote by members present. WHEREAS, a contract for $ 52,000 was executed on August 13, 1991 with Aviation Planning Associates Inc., of Cincinnati, Ohio for services in connection with a cost center structure review, an airline rates and charges analysis and airline negotiations for the new terminal project, and WHEREAS, an increase of $ 8,000 to a total of $ 60,000 was authorized by the Public Works and Construction Management and Airport Construction Committees on September 23, 1992 for creation of a formal Airline Agreement, which was not part of the original Scope of Services, and WHEREAS, the contract negotiations have become protracted because of the difficult economic times within the airline industry, now therefore be it RESOLVED, on recommendation of the Public Works and Construction Management and Airport Construction Committees, That the contract with Aviation Planning Associates Inc. be increased from $ 60,000 to an amount not to exceed $ 72,000 to finalize negotiations and produce the final agreement, RESOLVED, further, That the Comptroller is hereby authorized to transfer said additional amount of $12,000 from the Airport Fund Balance to Construction Account No. HV5610.9239 to meet the cost of this contract. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 26 - DEMAND FOR RESTITUTION BY STATE AND FOR ACTION BY GOVERNOR RE: NEW YORK STATE POLICE CONDUCT Moved by Mrs. Call, seconded by Ms. Mink, and unanimously adopted by voice vote by members present. WHEREAS, the County of Tompkins has incurred and become charged with certain expenses which would not have been incurred but for the intentional misconduct of certain officers of the New York State Police and but for the negligence in the supervision of said officers by superior officers of the New York State Police, and WHEREAS, a Special Prosecutor has been appointed by the Tompkins County Court to investigate and prosecute David L. Harding and Robert Lishansky on the basis of an alleged conflict of interest or appearance of impropriety presented by the defendant' previous working relationship with the District Attorney, and WHEREAS, said Special Prosecutor has been required to participate in substantial efforts to review evidence in cases that may be related to a conspiracy or on-going criminal scheme which has ranged across several counties in this area, at substantial cost to the County of Tompkins, and WHEREAS, it is patently unfair and inappropriate for the taxpayers of this County to absorb the expenses directly attributable to the intentional misconduct of State officers and attributable to lax and negligent supervision of same, now therefore be it RESOLVED, on recommendation of the Budget and Administration Committee, That the Chairman of the Board is hereby authorized to demand restitution from the State of New York for all expenses arising from the investigation, prosecution and defense of former State Police officers David L. Harding and Robert Lishansky and for all County expenses related to the prosecution and defense of Shirley Kinge and Mark Prentice, RESOLVED, further, That the Chairman of the Board is hereby authorized to request the Governor of the State of New York to require the Attorney General to investigate the alleged commission of any indictable offenses in relation to any matters connected with the New York State Police, and to prosecute the person(s) believed to have committed the same, and any crime or offense arising out of such 30 January 19, 1993 investigation or prosecution or both, including but not limited to appearing before and presenting all such matters to a grand jury, all pursuant to Section 63, subdivision 3 of the Executive Law of the State of New York. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 27 - DELEGATING TO THE COUNTY COMPTROLLER OF THE COUNTY OF TOMPKINS, NEW YORK, THE POWER TO AUTHORIZE THE ISSUANCE OF AND TO SELL $4,000,000 REVENUE ANTICIPATION NOTES OF SAID COUNTY IN ANTICIPATION OF THE RECEIPT OF STATE AID DURING THE FISCAL YEAR OF SAID COUNTY COMMENCING JANUARY 1, 1993 Moved by Mrs. Call, seconded by Mr. Proto. A short roll call vote resulted as follows: Ayes - 14, Noes - 0, Excused - 1 (Representative Culligan). Adopted. RESOLVED, by the Board of Representatives of the County of Tompkins, New York as follows: Section 1. The power to authorize the issuance of and to sell $4,000,000 revenue anticipation notes of the County of Tompkins, New York, including renewals thereof, in anticipation of the receipt of State Aid due said County during the fiscal year of said County commencing January 1, 1993, is hereby delegated to the County Comptroller, the chief fiscal officer of such County. Such notes shall be of such terms, for and contents, and shall be sold in such manner as may be determined by County Comptroller, consistent with the provisions of the Local Finance Law. Section 2. This resolution shall take effect immediately. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 28 - AUTHORIZING A PUBLIC HEARING ON PROPOSED LOCAL LAW NO. 1 OF 1993 - AUTHORIZATION TO ESTABLISH AN ANNUAL SOLID WASTE FEE FOR REAL PROPERTY IN TOMPKINS COUNTY Moved by Mrs. Call, seconded by Mr. Mason, and unanimously adopted by voice vote by members present. RESOLVED, on recommendation of the Budget and Administration Committee, That a public hearing be held before the Board of Representatives at Board Chambers of the Tompkins County Courthouse, 320 North Tioga Street, Ithaca, New York, on Tuesday, February 2, 1993 at 5:30 o'clock in the evening thereof on proposed Local Law No. 1 of 1993 concerning Authorization to Establish an Annual Solid Waste Fee for Real Property in Tompkins County. At such time and place, all persons interested in the subject will be heard concerning the same, RESOLVED, further, That the Clerk of the Board is hereby authorized and directed to place proper notice of such public hearing in the official newspaper of the County. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 29 - REFINANCING OF ONE-HALF OF CAPITAL COSTS OF CERTAIN FACILITIES FOR TOMPKINS CORTLAND COMMUNITY COLLEGE (Rescinded by Motion 2/16/93) 31 January 19, 1993 Moved by Mrs. Call, seconded by Mr. Proto, and unanimously adopted by voice vote by members present. WHEREAS, authority is required from the Board of Trustees of Tompkins Cortland Community College to execute and deliver an agreement by and among the Dormitory Authority of the State of New York (the "Authority"), the Counties of Tompkins and Cortland (the "Local Sponsors") and Tompkins Cortland Community College ("The Community College") pertaining, among other matters, to the proposed Authority refinancing of the State's 50 percent share of the capital costs of certain facilities for Tompkins Cortland Community College (herein and in the Agreement referred to as the "Project"), now therefore be it RESOLVED, on recommendation of the Budget and Administration Committee, That the Board of Trustees of Tompkins Cortland Community College hereby approves the form and content of the Agreement subject to approval of the form and content of the Agreement by Tompkins and Cortland Counties' Departments of Law, and approval as to the content by the Office of the Comptroller of Tompkins County and the Office of the Treasurer of Cortland County, RESOLVED, further, That the President of Tompkins Cortland Community College (who is duly qualified so to act) is hereby authorized on behalf of the Board of Trustees of Tompkins Cortland Community College, to execute and deliver the Agreement to the Authority, subject to prior approval as to form by Tompkins and Cortland Counties' Departments of Law and approval as to content by the Office of the Comptroller of Tompkins County and the Office of the Treasurer of Cortland County with such nonsubstantive changes in terms of form as the President of Tompkins Cortland Community College shall constitute conclusive evidence of the approval of the Board of Trustees, RESOLVED, further, That the President of Tompkins Cortland Community College (who is duly qualified so to act) is hereby authorized, on behalf of the Board of Trustees of Tompkins Cortland Community College to execute and deliver all necessary or appropriate documents, certificates and agreements and to furnish all information requested by the Authority in connection with the College, including the furnishing of information required pursuant to the provisions of the Agreement, and necessary to prepare an official Statement to be used in connection with the sale of bonds. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 30 - BUDGET ADJUSTMENTS AND APPROPRIATIONS - VARIOUS DEPARTMENTS Moved by Mrs. Call, seconded by Mr. Winch. A short roll call vote resulted as follows: Ayes - 13, Noes - 1 (Representative Lerner), Excused - 1 (Representative Culligan). Adopted. RESOLVED, on recommendation of the Budget and Administration Committee, That the County Comptroller be authorized to make the following budget adjustment on his books: BUDGET ADJUSTMENTS L Fund Library Revenue: L7410.2770 Unclassified Revenues $(22,998) Appropriations: L7410.1900 Library Personal Services $(16,160) .4300 Supplies and Materials (1,800) .4405 Contractual Expenses (3,652) .8830 Social Security (1,386) Sheriff Revenue: A3110.2625 Forfeiture of Crime Proceed $ 7,215 Appropriations: A3110.2221 Safety Equipment $ 6,915 .4347 Ammunition $ 300 32 January 19, 1993 RESOLVED, further, That the Chairman of the Board of Representatives be and hereby is authorized and directed to execute any contracts necessary to convey these funds. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) On motion of the appropriate committee chairmen and duly seconded and unanimously adopted by voice vote by members present, the following appointments were made to various advisory boards: Community Affirmative Action Term expires December 31, 1993 Mary G. Call - Board member Criminal Justice Advisory/Alternatives to Incarceration Board Terms expire December 31, 1995 Merton Wallenbeck - Town Justice representative Nancy Schuler - Board member Soil and Water Conservation District Terms expire December 31, 1993 Daniel M. Winch - Board member Deborah F. Dietrich - Board member Southern Tier East Regional Planning Development Board Term expires December 31, 1993 Beverly E. Livesay - Board member Advisory Board on Tourism Development Terms expire December 31, 1994 Stuart Stein - Board member Barbara Mink - Board member On motion, the meeting adjourned at 8:45 p.m. 33 February 2, 1993 Regular Meeting Public Hearing Chairman Watros called the public hearing to order at 5:30 p.m. concerning proposed Local Law No. 1 of 1993 - Authorizing the Establishment of an Annual Solid Waste Fee for Real Property. Chairman Watros asked if anyone wished to speak? Gary Lindenbaum, Business Manager of the Ithaca City School District, spoke about the proposed tipping charges. He expressed the School's concern of how much this will cost. He said the School District is going into a difficult budgetary period. He stated the School District has taken efforts to reduce its waste and cut down on their costs. Rich Weiss, Business Manager, TST BOCES, and representing other school districts, expressed concern with the cost to the Districts with the proposed fee imposed. He said he also understands that Cornell University, Ithaca College and Tompkins Cortland Community College have a separate billing structure under the proposal. On behalf of the school districts, he is requesting the same billing structure. He also would like to request a meeting with the County to discuss a fee schedule that is appropriate. Charles Breckheimer, Ithaca School District Teacher, spoke about the waste reduction program in the schools. He felt that there would be less incentive to recycle and that this proposed fee would send the wrong message to the kids. Beverly Baker, South Geneva Street, said Tompkins County residents have been encouraged to recycle but are now being penalized with this proposed fee. She asked that the Board postpone this for a few weeks. She also requested the Board wait until the Chamber of Commerce responds to the requests of the Board. Phil Barden, Town of Caroline, spoke in opposition of the annual fee proposal and feels the County should keep the trash tag system and let the people who make the garbage pay for it. Susan Centini, Owner of Centini's Restaurant, said she has been recycling for years and also composting. She feels it is unfair to the small businesses to impose the proposed fee. Helen Morgan, Mobile Home Park resident, spoke in opposition of the proposed fee and asked why she would be charged the same amount a mobile home with four or five people living in it. She said judging by footage is a wrong idea for setting the fee schedule. Allen Akers, Trumansburg Road, said the County should get out of the garbage business. He spoke in opposition of the proposed annual fee and expressed his concern about people with fixed incomes and asked how they would come up with the money when taxes keep going up and others costs increase. John Novarr, Property Owner in City of Ithaca and Town of Ithaca, spoke in opposition and about the inequities on the proposed fee schedule. He said he owns apartments that he rents to students and spoke about his costs compared to Ithaca College. He asked how vacancies would be handled. Richard Westfall, City of Ithaca, spoke in opposition of the proposed fee and stated that he believes people should pay for what they use. He does not think that a person should get charged according to the size of their residence. Tim Foote, Town of Groton, spoke in opposition to the proposed fee and expressed concern for the taxpayers because of so much tax exempt property in Tompkins County. 34 February 2, 1993 Richard Sponable, Newfield, spoke in opposition to the proposed fee and said the County should get out of the trash business. John Parmelee, Old Port Harbor Restaurant, spoke in opposition to the proposed fee and expressed his dissatisfaction in the way solid waste is handled by the County. He stated that he is a customer of Superior Disposal and referred to how is charges have increased. Herb Wiegandt, Cayuga Heights, spoke in opposition to the proposed fee and stated that he does not believe the way the proposed fee will be charged is equitable. He feels that it would be difficult but charges could be assessed in a more systematical way. Dan Quest, City of Ithaca, spoke in opposition to the proposed fee and asked if the taxpayers will have to pay for the haulers going out of business. Mr. Quest said that he believes haulers with outstanding debts to the County should have to pay. Ida Poole, Tompkins County senior citizen, spoke in opposition to the proposed fee and stated that she feels discriminated against because she is a single person. She asked that the Board think about the single person living in Tompkins County. Mrs. Call, Chairman, Budget and Administration Committee, read a statement submitted by Andrew Bower, Triphammer Road, in opposition to the proposed fee. Mrs. Call, Chairman, Budget and Administration Committee, stated that she received verbal comments from Bert Hillard, Town of Lansing, in which Mr. Hillard expressed opposition to the proposed fee and asked that the Board delay action on this. Mr. Hillard asked that public meetings throughout the County be held for discussion on all solid waste issues. Mrs. Call referred this request to Mr. Lerner, Chairman, Solid Waste and Resource Management Committee. Mr. Stein, Representative, District No. 3, voiced concerns he received by a Tompkins County resident in opposition to the proposed fee. Mr. Shurtleff, Representative, District No. 9, called attention to correspondence from Walpole Real Estate of Groton in which opposition was expressed to the proposed fee. The letter voices a concern that the proposed fee charged to schools will be passed on to businesses in the community. Chairman Watros read a letter from Noel Desch, Chairman, County Affairs Committee, Chamber of Commerce, which stated that it is the consensus of the committee that the latest formula used to assess the proposed fee represents a vast improvement over the fee proposed in the fall and is in close balance with the intent of the law and the revenue needs of the County. Chairman Watros closed the public hearing at 6:05 p.m. Members and guests participated in the Pledge of Allegiance. Present: 15 Representatives. RESOLUTION NO. 31 - RESOLUTION DETERMINING SIGNIFICANCE PURSUANT TO SEQRA AND AUTHORIZATION FOR THE ISSUANCE OF A NEGATIVE DECLARATION Moved by Mrs. Call, seconded by Mr. Lerner. Mr. Lerner said that the solid waste program is paying for past, present and future programs including costs at the proposed DR -7 site and closure and maintenance of old landfills by complying with the Department of Environmental Conservation regulations. These costs also include paying for current disposal and recycling operations. 35 February 2, 1993 Mr. Lerner stated that the County has to recoup revenues lost due to the haulers disposing of waste out of County resulting in a one million dollar deficit. Mr. Lerner stated that the County has tried to find a fair way of distributing these costs. He said he would like to eliminate the proposed annual fee in 1994. Mr. Mason stated that the County is not in the solid waste business as the public has perceived. He said over 80 percent of money is spent on contracts to the private sector. He also said the County has to comply with New York State mandates. Ms. Mink stated that people have asked why not pay for this proposed annual fee through property tax. Mr. Lerner said that those exempt from paying real property tax would also be exempt from paying this proposed fee. Mrs. Schuler asked if the policy under SEQRA had been examined by the Environmental Management Council (EMC). Mrs. Call said it was reviewed by the EMC and read a letter from Robert Mulvey, County Attorney. A voice vote resulted as follows on the resolution: Ayes - 15, Noes - 0. Adopted. WHEREAS, the Board is contemplating the adoption of a local law establishing an annual fee for solid waste management to be imposed upon the owners of real property in Tompkins County, who are the generators of solid waste and the users of the County's solid waste facilities and programs, and WHEREAS, the adoption of such a local law involves no physical improvements or alterations that would change the use, appearance or condition of any natural resource or structure, and WHEREAS, the Board believes that the adoption of the local law is a Type II Action, it has nonetheless reviewed it as though it was an unlisted action for purposes of the environmental review process under SEQRA, and WHEREAS, the Board and Budget and Administration Committee have reviewed drafts of the proposed local law and the Short Environmental Assessment Form, including the Determination of Significance dated November 1992, and the proposed Negative Declaration, now therefore be it RESOLVED, on recommendation of the Budget and Administration Committee, That this Board finds the enactment of the proposed law regarding the annual solid waste management fee will not have a significant effect on the environment requiring the preparation of an environmental impact statement, RESOLVED, further, That the Chairman of the Board and/or his designee is authorized to file and circulate the Negative Declaration provided according to law and execute such other documentation as may be necessary. SEQR ACTION: EXEMPT OR TYPE II (DETERMINATIONS AND FINDINGS MADE CONCURRENTLY HEREWITH) RESOLUTION NO. 32 - ADOPTION OF LOCAL LAW NO. 1 OF 1993 - AUTHORIZING THE ESTABLISHMENT OF AN ANNUAL SOLID WASTE FEE FOR REAL PROPERTY IN TOMPKINS COUNTY Moved by Mrs. Call, seconded by Mr. Lerner. Mr. Culligan felt the County should pursue a special benefit district and pay for these costs with additional sales tax revenues. It was Moved by Mr. Shurtleff, seconded by Mrs. Dietrich, to postpone the resolution until the first meeting in March to obtain a few more answers. Mrs. Call reminded the Board that a resolution was passed in December to adopt this proposed fee by February 2 and it was also recommended by the Comptroller that the proposed fee be adopted by the end of February. Mr. Squires, Comptroller, stated that the Board authorized borrowed money and that he will be going to market in February or March. He stated that if the Board voted this proposed fee down, the Board would have to decide how to balance the budget in 1993. Mrs. Schuler spoke of her concern with voting on a subject following a public hearing. 36 February 2, 1993 Mrs. Call said a public hearing was held in December and the Board responded to concerns raised at the hearing resulting in action being delayed. Chairman Watros said that these people that will now assume the burden of the proposed fee should also enjoy a reduction in the hauling costs because of the rollback of the tipping fee. Mr. Mason questioned if passing the law resolved the Comptroller's concern mentioned above. At this time, Mr. Shurtleff withdrew his motion to postpone. It was moved Mrs. Dietrich, seconded by Ms. Mink, that this local law shall sunset on December 31, 1993. Mr. Mulvey, County Attorney ruled Mrs. Dietrich's motion as illegal because it is considered a substantive change in the law and the Board would not be allowed to vote this evening and an additional public hearing would have to be held. A roll call vote resulted as follows: Ayes - 10, Noes - 5 (Representatives Culligan, Proto, Schuler, Shurtleff and Stein). Adopted. WHEREAS, a public hearing was held before the Board of Representatives on February 2, 1993 to hear all persons interested in proposed Local Law No. 1 of 1993, now therefore be it RESOLVED, on recommendation of the Budget and Administration Committee, That said proposed Local Law No. 1 of 1993 Authorizing the Establishment of an Annual Solid Waste Fee for Real Property in Tompkins County is adopted, RESOLVED, further, That this local law be reviewed in conjunction with Resolution No. 5 of 1993, Charging the Solid Waste and Resource Management Committee with Developing Alternate Plans for Paying for Recycling with recommendations to be made by September 1, 1993 in time for formulation of 1994 Budget, RESOLVED, further, That the Clerk of the Board publish in the official newspaper of Tompkins County a notice of adoption containing a synopsis of said local law, and shall within five (5) days file one certified copy in the office of the County Clerk and three (3) certified copies in the office of the Secretary of State. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 33 - ESTABLISHING A UNIT CHARGE FOR THE 1993 ANNUAL SOLID WASTE FEE (Amended by Res. No. 127 of 1993) Moved by Mrs. Call, seconded by Mr. Winch. Mrs. Dietrich suggested a delay in this resolution so the equity issues with school districts may be addressed. Mr. Squires stressed the importance of the budget being balanced and said that if the fee were to be cut, a source would need to be identified to replace any reduction in revenue this would cause. Mrs. Call responded to comments made during the public hearing. She explained how the fee would apply to tax exempt properties; she said that almost all of the cost budgeted for the Landstrom Landfill is mandated by the Department of Environmental Conservation; she replied that to a comment made comparing residential costs to costs of the colleges and said that colleges are not getting curbside recycling service; she stated that the proposed fee is based on information that the County Assessment Department has and that the County does not have a breakdown of how many people reside in each household; she stated that a portion of this fee will go towards curbside recycling. Barbara Eckstrom, Solid Waste Manager, stated that recycling costs money even though it is cheaper right now than disposal. Mr. Stein expressed his concern that once this resolution is passed, it is unlikely that questions will be resolved. It was Moved by Ms. Mink, seconded by Mrs. Dietrich, to postpone the vote on this rate schedule until the February 16, 1993 Board meeting. A voice vote resulted as follows: Ayes - 14, Noes - 1 (Representative Call). Motion carried. Mrs. Call said questions concerning school districts and the Hospital would be answered. 37 February 2, 1993 It was Moved by Mrs. Dietrich, seconded by Mr. Mason, and unanimously adopted by voice vote, to add to the agenda the resolutions entitled Resolution of Intent to Reconsider Local Law No. 1 of 1993 on or Before December 31, 1993. RESOLUTION NO. 34 - RESOLUTION OF INTENT TO RECONSIDER LOCAL LAW NO. 1 OF 1993 ON OR BEFORE DECEMBER 31, 1993 Moved by Mrs. Dietrich, seconded by Mr. Mason, and unanimously adopted by voice vote. WHEREAS, Local Law No. 1 of 1993 was necessitated by serious Tompkins County fiscal problems and the lowering of the County tipping fee, and WHEREAS, this Local Law deviates from the user fee method of raising revenue as typified by the Tompkins County trash tag system, now therefore be it RESOLVED, That it is the intent of the Board of Representatives to reconsider this Law on or before December 31, 1993. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) Chairman Watros declared recess from 7:26 to 7:35 p.m. It was Moved by Mr. Evans, seconded by Mr. Stein, and unanimously adopted by voice vote, to approve the minutes of January 19, 1993 as corrected. Chairman Watros called attention to a letter on each member's desk authorizing the Comptroller to reduce each Board members salary $158 from their paycheck. The letter should be returned to the Clerk of the Board. Under privilege of the floor, Yvonne Bartlett, Tompkins County Depaitiiient of Social Services employee, stated that she feels employee safety is very important and that she is in support of a metal detector and an armed security guard being stationed at the Biggs complex. Under privilege of the floor, Margaret Marks, Schuyler County resident and employee of Tompkins County Department of Social Services, spoke concerning employee safety at the Biggs complex. She stated that a metal detector and armed guards need to be in place for her to feel secure at work. Under privilege of the floor, Sharon Prezioso McLaughlin, Tompkins County Department of Social Services employee, spoke concerning employee safety at the Biggs complex. Ms. McLaughlin spoke in favor of a metal detector and armed guards at the site. Ms. McLaughlin also stated that she believes the carpeting at Social Services contains a chemical which makes her ill. Under privilege of the floor, Hiroshi Takashima, Tompkins County Department of Social Services employee, stated that he is concerned about the security issue at the Biggs complex. He spoke in favor of a metal detector and armed guards at the site and stated that employee safety is a basic need. Under privilege of the floor, Mel Bartlett, husband of a Tompkins County Depaitnient of Social Services employee and vendor who has worked with Tompkins County, stated that he is in support of an armed guard and a metal detector at the Biggs site so that he can feel safe when entering the building and also feel his wife is safe at work. He asked that the Board not take this issue lightly. Chairman Watros gave the appropriate committee chairman permission to withdraw from the agenda the resolution entitled Approval of Issuance of Bonds - Reconstruction Home. 38 February 2, 1993 On motion of the appropriate committee chairmen and duly seconded and unanimously adopted by voice vote, the following resolutions were added to the agenda: Authorization to Execute Easement - 122 Commercial Avenue - Solid Waste Office Building Implementation of Security Plan - Biggs A RESOLUTION NO. 35 - IMPLEMENTATION OF SECURITY PLAN - BIGGS A Moved by Ms. Mink, seconded by Mr. Evans. Ms. Mink stated that this issue has been taken very seriously. It has been discussed by employees through the Employee Council. The Human Services Committee and the Budget and Administration Committees passed this plan as a result of several sources. Ms. Mink explained that the plan involved including the limitation of only three entrances to the building, buzzers to allow entrance and security guards on site. Ted Merritt, Senior Investigator, Social Services Department, spoke to the issue and stated that all employees must work together and take some responsibility in security. Mr. Merritt stated that doors which will not be used as entrances to the building will still permit emergency exiting. Cheryl Nelson, Chair, Employee Council, thanked the Human Services Committee for getting involved in this issue and stated that she thinks that some of the steps that are in this proposal are very good. She stressed the importance of constant communication among everyone. Mr. Lerner requested that Mr. Heyman, County Administrator, look into the issue raised concerning the carpeting at the Biggs complex. A voice vote resulted as follows on the resolution: Ayes - 15, Noes - 0. Adopted. WHEREAS, it is the intention of the Board to provide a safe and secure environment for all its employees, and WHEREAS, discussions of options for a plan for providing increased security at Biggs A have taken place at the Biggs A Security Committee, among the directors and department heads within the building, at Employee Forums which were joint efforts of the Employee Council and the Community Dispute Resolution Center, and staff of the Depai lnient of Social Services, and WHEREAS, a recommended security plan has been brought forward which addresses the substantive recommendations of those deliberations, now therefore be it RESOLVED, on recommendation of the Human Services and Budget and Administration Committees, That the authorization is hereby given to the Department of Social Services to begin implementing the security plan as detailed on the memo from Mary Pat Dolan, Commissioner of the Department of Social Services, dated February 1, 1993, RESOLVED, further, That the Board has directed that the security system be put in place as quickly as possible and be notified immediately of any delays, RESOLVED, further, That the Biggs Security Committee, in conjunction with the Employee Council and the department heads within the building, conduct an all employee survey between August and November of 1993 to obtain employee feedback on the implementation of the plan and to provide this feedback to the directors and members of the Board. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 36 - AUDIT OF FINAL PAYMENT - OLD JAIL RENOVATION - FRED H. THOMAS ASSOC. Moved by Mr. Winch, seconded by Mrs. Dietrich. A short roll call vote resulted as follows: Ayes - 15, Noes - 0. Adopted. RESOLVED, on recommendation of the Public Works and Construction Management Committee, That the following claim against the County of Tompkins be and hereby is audited by the Board of Representatives: 39 February 2, 1993 Vendor Payment Request Account Amount Fred H. Thomas Assoc. 17 (Final) HV3151.9239 $3,575 RESOLVED, further, That the Comptroller be and hereby is authorized and directed to pay said claim from Account No. HV3151.9239. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 37 - AUTHORIZATION TO EXECUTE EASEMENT - 122 COMMERCIAL AVENUE - SOLID WASTE OFFICE BUILDING Moved by Mr. Winch, seconded by Mr. Todd. A voice vote resulted as follows: Ayes - 14, Noes - 1 (Representative Proto). Adopted. RESOLVED, on recommendation of the Public Works and Construction Management Committee, That the County Administrator is hereby authorized to execute an easement which allows NYSEG the right to extend electric along County property on Commercial Avenue in the City of Ithaca. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) It was Moved by Mrs. Call, seconded by Mrs. Schuler, to amend the Rules of the Board by dispensing with committee reports this evening. Following discussion, Mrs. Call withdrew her amendment. Mr. Proto, Chairman, Health and Education Committee, reported that the Committee endorsed a plan adopted by the Infant Mortality Review Board. He reported on lead screening and stated that the Health Department is applying for a grant for $15,000. Mrs. Schuler reported that BOCES will be holding a Fay's Drug Quiz show on February 4. Mr. Evans, Chairman, Personnel Committee, reported that the Committee met January 28. The Committee will be working on the evaluations of the four employees who report to the Board and will try to develop a mechanism to receive more input from members of the Board. Mr. Evans stated that the Committee will also be concentrating on the search for two depai lnuent heads within the County. Ms. Mink, Chairman, Human Services Committee, reported on security issues at the Biggs complex earlier in the meeting. Ms. Mink, Public Information Committee, reminded committee chairmen that on February 9 at 1:30 p.m. interviews will be held to discuss goals for 1993. There will also be a call-in talk show concerning health care reform at 7:00 p.m. that evening. Mr. Mason, Chairman, Public Safety Committee, reported that the positions of transport officers to cut down on the amount of overtime by road patrolmen which the County was considering must be created as civil service positions. Mr. Mason reported on the latest proposal in Albany concerning county Departments of Probation. He stated that a consideration is being made to eliminate funding to all probation depar tiuents within the State of New York. Mrs. Dietrich, Chairman, Planning Committee, reported that the Committee will meet February 11 at noon. Mrs. Dietrich reported on her visit to Washington, D.C. in which she observed the presidential inauguration and attended the festivities. Mr. Winch, Chairman, Public Works and Construction Management Committee, reported that the Tompkins County Airport logo will be changed to make it more up-to-date. He reported on the progress 40 February 2, 1993 of County offices moving into the Old Jail. Mr. Winch stated that all business for the Ithaca Tompkins Transit Center has been completed. The next Committee meeting will be February 3 at noon. Mr. Todd Chairman, Fiscal Affairs Committee, reported that the Committee met last week and will meet again February 3 at 10:30 a.m. Mr. Todd, Chairman, Article 18 Task Force, submitted a report to the Board with the following recommendations: 1. The Board of Representatives proceed with the two local laws recommended in the Program Development 1993 Plan and 2. The Board of Representatives request the Public Safety Committee to meet with the Advisory Board on Indigent Representation leadership and administrator and have regular reports on the progress of implementation of the improvements specified in the Program Development 1993 document. The Task Force recommends to the County Board that the matter be reviewed by July 30 by the Article 18 Task Force for evaluation of progress of implementation of the improvements specified in the Program Development 1993 document. Mr. Todd and Mrs. Dietrich thanked Roger Rector, Nelson Roth, Benjamin Bucko, Marilyn Ray and Ingrid Olsen-Tjensvold for the time and effort they each have contributed to the Article 18 Task Force. Chairman Watros requested the Fiscal Affairs Committee to develop a recommendation for the salaries of the Board of Representatives for the 1994-1997 term. Mr. Lerner, Chairman, Solid Waste and Resource Management Committee, reported that there will be a presentation by the Chamber of Commerce on the prioritization of solid waste at the Sheraton on February 11 at 10 a.m. Mr. Lerner stated that Barbara Eckstrom is working on reducing the amount of money the County spends on consultants. He requested that Board members let him know what information is needed by them to make an informative decision on the Recycling and Solid Waste Center. Mr. Lerner stated that he will be working on the restructuring of advisory committees in the area of solid waste. The next committee meeting will be February 11 at noon. Mrs. Livesay, Intergovernmental Representative, had no report. Mrs. Call, Chairman, Budget and Administration Committee, reported that the next Committee meeting will be February 9 at noon. Mr. Heyman, County Administrator, reported on a meeting which he attended in Albany. Some highlights were funding to Probation departments as Mr. Mason mentioned in his Public Safety report and also a slight increase in CHIPS funding from last year. He reported on a personal care cap proposal that would greatly affect New York City. He also stated that New York State DSS is increasing their estimated Medicaid costs 18.5 percent. Mr. Heyman noted that there is a very strong trend away from foster care and towards the use of preventative services. Mr. Mulvey, County Attorney, stated that the monthly report for his office has been submitted to the Board for review. Mr. Squires, Comptroller, reported on sales tax proceeds thru December 22, 1992 and stated that although there was an increase, he sees no sign of a great economic recovery by Tompkins County. Chairman Watros announced the following appointments with the Board's confirmation to the various boards (appointments are for one-year terms): Tompkins County Area Development Corporation Board of Directors Deborah Dietrich - Tompkins County representative James Hanson, Jr. (Ex -officio) - Tompkins County representative Capital Program Committee 41 February 2, 1993 Daniel Winch - Chairman Thomas Todd Donald Culligan Stuart Stein James Mason Chamber of Commerce Robert I. Watros Frank P. Proto, Alternate Emergency Medical Services Committee James A. Mason Extension Service Charles Evans Finger Lakes Association Donald Culligan, Delegate James A. Mason, Alternate Local Advisory Board of Assessment Review Villages: Cayuga Heights - Mary G. Call Dryden - Robert Watros Freeville - Robert Watros Groton - Phil Shurtleff Lansing - Mary G. Call Trumansburg - James A. Mason Towns: Caroline and Danby - Frank P. Proto Enfield and Newfield - Daniel Winch Groton - Phil Shurtleff Dryden - Robert Watros and Charles Evans Ithaca - Mary G. Call, Beverly Livesay and Deborah Dietrich Lansing - Thomas Todd Ulysses - James A. Mason City of Ithaca - Nancy Schuler On motion of the appropriate committee chairmen and duly seconded and unanimously adopted by voice vote, the following appointments were made to various advisory boards: Tompkins Community Hospital Board of Directors Term expires April 30, 1996 Frank P. Proto - Board member Community Mental Health Services Board Terms expire December 31, 1993 Joanie Groome Cynthia Syversten Term expires December 31, 1995 Dr. Robert Ballard Office for the Aging Advisory Committee Term expires December 31, 1995 John Efroymson 42 February 2, 1993 Service Delivery Area/Private Industry Council Term expires December 31, 1995 Virginia Bryant - Private sector alternate representative Tompkins County Youth Board Term expires December 31, 1995 Andra Benson - Town of Lansing representative John Gaines - Town of Groton representative On motion, the meeting adjourned at 8:55 p.m. 43 February 16, 1993 Regular Meeting Chairman Watros called the meeting to order at 5:30 p.m. and stated that he would prefer to adjourn the meeting at 7 p.m. due to weather conditions. Members and guests participated in the Pledge of Allegiance. Present: 13 Representatives. Excused: 2 (Representatives Dietrich and Shurtleff). It was Moved by Mr. Culligan, seconded by Mr. Todd, to approve the minutes of January 12 as corrected and February 2, 1993, as submitted. Chairman Watros announced the resignation of Representative Dietrich from the Board effective March 11, 1993. Mr. Watros stated the Board wishes her well in her endeavors. Chairman Watros announced that until a chairman is announced, Mr. Proto will act in his capacity as Vice Chairman of the Planning Committee. Under privilege of the floor, Rich Weiss, T -S -T BOCES; thanked the Board for the opportunity to speak at a meeting set up with representatives of school district and members of the Board to discuss the annual fee. Mr. Weiss stated that his complaint with the proposed rate schedule revolves around equity. He stated that he now believes that the schools will not be charged fairly when compared to municipalities under the revised fee schedule. On motion of the appropriate committee chairmen and duly seconded and unanimously adopted by voice vote by members present, the following resolutions were added to the agenda: - Abolition and Creation of Positions and Budget Transfer - Sheriffs Department - Approval of Proposed Agreement - Dormitory Authority of New York State and Tompkins Cortland Community College Chairman Watros gave the appropriate committee chairmen permission to withdraw from the agenda the following resolutions with final committee action being affirmed: CA015-93 - Reclassification of Position - Staff Development Coordinator - Department of Social Services CA016-93 - Authorizing the Youth Bureau to Apply for Gannett Foundation Grant to Publish Pocket Guide to Youth Services CA017-93 - Authority to Contract - Department of Social Services CA018-93 - Award of Contract - Inspection Services for Construction of Aircraft Ramp and Taxiway Connectors - New Terminal Project CA019-93 - Authorization to Execute Contract - R.W. Beck and Associates - Milliken Station Improvements RESOLUTION NO. 38 - APPROVAL OF BAIL PROGRAM ENHANCEMENT FUNDING - OFFENDER AID AND RESTORATION Moved by Mr. Mason, seconded by Mrs. Schuler, and unanimously adopted by voice vote by members present. WHEREAS, Offender Aid and Restoration (OAR) of Tompkins County was unable to maintain its 1990 and 1991 level of bail loans during 1992 because of reduced funding and dropped from 50 loans per year to 42, and WHEREAS, OAR loans in 1990 and 1991 saved Tompkins County 3,600 jail days each year for OAR bailees who did not receive jail sentences, an average of 90 days saved per bail, and 44 February 16, 1993 WHEREAS, given the crowded conditions in the jail in 1990 and 1991, OAR thereby saved the County between $200,000 and $360,000 each year in boarding out costs, and WHEREAS, jail admissions in 1992 continued at the 1990 rate of about 80 per month, and OAR had a waiting list for bail loans throughout 1992 and expects similar demand in 1993, and WHEREAS, Tompkins County has specified that new funding is to be made available only to programs that cost the same or less than the program saves the County, and WHEREAS, OAR could expand its bail program to provide a minimum of 12 additional bails in 1993 by adding .2FTE to the Bail Fund Coordinator's time for expanded services, and .2FTE to the Executive Director's time for service back-up and expanding the bail fund, which at 90 days saved on the average per bail, would save 1230 jail days, and WHEREAS, these 1,230 jail days saved would either save Tompkins County $65,190 at the estimated $53 per day cost of keeping inmates in the jail, or save $123,000 or more for boarding inmates out and transporting them, for a cost to the County of $12,600 and, WHEREAS, OAR could assist in further reducing the jail population by facilitating substance abuse evaluations of inmates in the jail, in cooperation with defense counsel, as part of alternatives to incarceration sentence proposals, now therefore be it RESOLVED, on recommendation of the Public Safety and Budget and Administration Committees, That the Comptroller shall appropriate $12,600 from A1990 Contingent Fund to A6310.4597 for OAR Bail Program Enhancement, including substance abuse treatment referrals, and RESOLVED, further, That the County Administrator is directed to execute a contract amendment to convey these funds. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 39 - AUTHORIZING A PUBLIC HEARING ON PROPOSED LOCAL LAW NO. 2 OF 1993 - AMENDING LOCAL LAW NO. 7 OF 1990 - PROVIDING FOR AMENDMENTS TO THE TOMPKINS COUNTY CHARTER AND CODE Moved by Ms. Mink, seconded by Mr. Lerner, and unanimously adopted by voice vote by members present. RESOLVED, on recommendation of the Human Services and Budget and Administration Committees, That a public hearing be held before the Board of Representatives at Board Chambers of the Tompkins County Courthouse, 320 North Tioga Street, Ithaca New York on Tuesday, March 2, 1993 at 5:30 p.m. in the evening thereof concerning proposed Local Law No. 2 of 1993 - Providing for Amendments to the Tompkins County Charter and Code - Youth Bureau - Section 22.02 - Youth Board; Composition; Term; Powers and Duties. At such time and place all persons interested in the subject matter will be heard concerning the same, RESOLVED, further, That the Clerk of the Board is hereby authorized and directed to place proper notice of such public hearing in the official newspaper of the County. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 40 - AUDIT OF FINAL PAYMENT - INTERIM COMPOST FACILITY - RICHARDSON BROTHERS ELECTRICAL CONTRACTORS, INC. Moved by Mr. Winch, seconded by Mr. Todd. A short roll call vote resulted as follows: Ayes - 13, Noes - 0, Excused: 2 (Representatives Dietrich and Shurtleff). Adopted. 45 February 16, 1993 RESOLVED, on recommendation of the Public Works and Construction Management Committee, That the following claim against the County of Tompkins, be and hereby is audited by the Board of Representatives: Vendor Payment Request Account No. Amount Richardson Brothers Electrical Contractors, Inc. 5 (Final) HH8162.9263 $2,000 RESOLVED, further, That the Comptroller be and hereby is authorized and directed to pay said claim from Account No. HH8162.9263. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 41 - AUDIT OF FINAL PAYMENT - PUBLIC TRANSIT FACILITY - POSTLER AND JAECKLE Moved by Mr. Winch, seconded by Mr. Stein. A short roll call vote resulted as follows: Ayes - 13, Noes - 0, Excused - 2 (Representatives Dietrich and Shurtleff). Adopted. RESOLVED, on recommendation of the Public Works and Construction Management Committee, That the following claim against the County of Tompkins, be and hereby is audited by the Board of Representatives: Vendor Payment Request Account No. Amount Postler and Jaeckle 14 (Final) HA5630.4400 $11,618 RESOLVED, further, That the Comptroller be and hereby is authorized and directed to pay said claim from Account No. HA5630.4400. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 42 - AUDIT OF FINAL PAYMENT - PUBLIC TRANSIT FACILITY - PANKO ELECTRICAL AND MAINT., INC. Moved by Mr. Winch, seconded by Mr. Culligan. A short roll call vote resulted as follows: Ayes - 13, Noes - 0, Excused - 2 (Representatives Dietrich and Shurtleff). Adopted. RESOLVED, on recommendation of the Public Works and Construction Management Committee, That the following claim against the County of Tompkins, be and hereby is audited by the Board of Representatives: Vendor Payment Request Account No. Amount Panko Elect. and Main., Inc. 11 (Final) HA5630.4400 $18,179.85 RESOLVED, further, That the Comptroller be and hereby is authorized and directed to pay said claim from Account No. HA5630.4400. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 43 - APPROVAL OF SALE PRIOR TO AUCTION - COUNTY OWNED PROPERTY ACQUIRED THROUGH TAX FORECLOSURE - TOWN OF CAROLINE Moved by Mrs. Call, seconded by Mr. Proto, and unanimously adopted by voice vote by members present. 46 February 16, 1993 WHEREAS, by tax foreclosure proceedings of 1992, the County acquired parcel 12.-2-7 in the Town of Caroline, and WHEREAS, prior to auction of said property, the County Administrator wishes to sell same for the total amount due for taxes, penalties, interest and expenses, now therefore be it RESOLVED, on recommendation of the Budget and Administration Committee, That the sale of parcel no. 12.-2-7 to C.D. and Roberta Woodman of 6 Elm Street, Brooktondale, New York for the amount of taxes, penalties, interest and expenses due, be and the same hereby is confirmed and the County Administrator is directed to execute a quitclaim deed to the aforesaid property. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 44 - APPROVAL OF SALE PRIOR TO AUCTION - COUNTY OWNED PROPERTY ACQUIRED THROUGH TAX FORECLOSURE - TOWN OF GROTON Moved by Mrs. Call, seconded by Mr. Evans, and unanimously adopted by voice vote by members present. WHEREAS, by tax foreclosure proceedings of 1992, the County acquired parcel 20.-1-27.7 in the Town of Groton, and WHEREAS, prior to auction of said property, the County Administrator wishes to sell same for the total amount due for taxes, penalties, interest and expenses, now therefore be it RESOLVED, on recommendation of the Budget and Administration Committee, That the sale of parcel no. 20.-1-27.7 to Sheila A. Dawson and Pauline C. Ayers of 681 Old Stage Road, Groton, New York for the amount of taxes, penalties, interest and expenses due, be and the same hereby is confirmed and the County Administrator is directed to execute a quitclaim deed to the aforesaid property. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 45 - AUTHORIZATION TO CHARGE -BACK SPECIAL ASSESSMENT CHARGES TO TOWNS OF DRYDEN AND ITHACA Moved by Mrs. Call, seconded by Mr. Mason, and unanimously adopted by voice vote by members present. WHEREAS, three parcels within the Town of Dryden and one parcel within the Town of Ithaca are assessed to the State of New York and fall under the guidelines of Section 19 of the Public Lands Law, and WHEREAS, in order to collect special assessments against these parcels, a certain process, which is outlined in Section 19, must be followed, now therefore be it RESOLVED, on recommendation of the Budget and Administration Committee, That due to the State's assertion that this process has not been followed by the Town of Dryden or the Town of Ithaca for certain periods in time between 1972 and 1991, and the subsequent refusal by the State to reimburse the County for these charges, the following special assessment charges in the amount of $1,291.79 be charged back to the Town of Dryden for the tax year 1990: 42.-1-31.5 $ 755.01 42.-1-34.1 74.40 43.-2-3.1 462.38 RESOLVED, further, That the following special assessment charges be charged back to the Town of Ithaca for the tax years 1972-77 and 1981-91 in the amount of $5,986.58: 38.-3-16 $ 5,986.58 SEQR ACTION: EXEMPT OR TYPE II 47 February 16, 1993 (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 46 - CORRECTION OF TAX ROLLS - 1992 AND 1993 - CITY OF ITHACA (WESTERN UNION) Moved by Mrs. Call, seconded by Ms. Mink, and unanimously adopted by voice vote by members present. WHEREAS, this Board is informed that an error has been made in the 1992 and 1993 tax roll for the City of Ithaca; namely parcel 648.8-6-1 assessed to Western Union, was erroneously charged for real property which had been previously removed, now therefore be it RESOLVED, on recommendation of the Budget and Administration Committee, That the entry on the tax rolls be corrected, RESOLVED, further, That the total tax for 1992 and 1993 be corrected to -0-, RESOLVED, further, That the tax collector for the City of Ithaca and the Budget and Finance office are directed to correct the tax rolls, RESOLVED, further, That the amount of $362.48 be charged back to the County of Tompkins ($184.79 for 1992 and $177.69 for 1993). SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 47 - APPORTIONMENT OF DOG MONIES Moved by Mrs. Call, seconded by Mr. Proto, and unanimously adopted by voice vote by members present. WHEREAS, the County Administrator has surplus monies in the Dog Fund for apportionment, pursuant to Section III of the Agriculture and Markets Law, in the amount of $12,838, now therefore be it RESOLVED, on recommendation of the Budget and Administration Committee, That the County Administrator be and hereby is directed to pay the several towns in the County and the City of Ithaca the amount set forth below as apportioned and approved by this Board: Remitting Amount Seventy-five percent of Municipality Remitted: Surplus Apportioned Caroline 619.21 605.70 Danby 404.94 396.10 Dryden 2,299.45 2,249.25 Enfield 307.07 300.37 Groton 1,114.64 1,090.31 Ithaca 809.79 792.11 Lansing 1,463.97 1,432.01 Newfield 1,162.25 1,136.88 Ulysses 805.68 788.09 City 856.37 837.68 TOTALS 9,843.37 9,628.50 SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 48 - APPROVAL OF ISSUANCE OF BONDS - RECONSTRUCTION HOME 48 February 16, 1993 Moved by Mrs. Call, seconded by Mr. Proto. A short roll call vote resulted as follows: Ayes - 13, Noes - 0, Excused - 2 (Representatives Dietrich and Shurtleff). Adopted. BE IT RESOLVED BY THE BOARD OF REPRESENTATIVES OF TOMPKINS COUNTY, NEW YORK, AS FOLLOWS: WHEREAS, Reconstruction Home, Inc., a New York not-for-profit corporation (the "Borrower"), has requested that Tompkins Health Care Corporation (THCC) provide funds to assist the Borrower in paying certain costs for the acquisition, construction and equipping of a 120 bed nursing home facility (the "Project"), and WHEREAS, the THCC is authorized to approve the issuance of revenue bonds, notes or other obligations in the approximate amount of $3,500,000 (the "Bonds") for such purposes by Rev. Rul. 63-20 issued by the Internal Revenue Service, and WHEREAS, pursuant to the requirements of Rev. Rul. 63-20 the County has previously agreed to take title to the Project at the maturity of the Bonds issued to finance the Project, and WHEREAS, the County intends to approve the issuance of revenue bonds by THCC to provide funds for the making of a loan secured by a mortgage for the acquisition, construction and equipping of such facility, which mortgage will be insured by the Federal Housing Administration, and WHEREAS, by Resolution Nos. 164, 276 and 277 of 1985, the Board of Representatives did authorize the Tompkins Health Care Corporation to act on behalf of the County of Tompkins as an instrumentality to provide health care facilities for persons within the jurisdictional area of the County, NOW THEREFORE BE IT RESOLVED as follows: 1. At the request of the Borrower (1) the law firm of Peck, Shaffer & Williams, Attorneys, Cincinnati, Ohio, is hereby appointed Bond Counsel in connection with the issuance of the bonds, and is authorized to prepare the legal documents necessary therefore and (2) First Albany Corporation is hereby appointed as placement agent to facilitate the placement of the Bonds. 2. This resolution is intended to be relied upon by the Borrower, which expects to complete permanent financing of the Project as soon as possible. 3. The Board of Representatives will enact the necessary resolutions to proceed with approval of the issuance of the Bonds, in one or more series, provided that the payment of the principal, interest, and premium (if any) on the Bonds Shall be made solely from moneys realized from the Borrower. The Bonds shall have such terms as shall be approved by the Borrower, the Tompkins County Board of Representatives, the THCC, First Albany Corporation, and Bond Counsel, and the THCC will cause the Bonds to be delivered to First Albany Corporation against payment therefore, and will cooperate to the fullest extent in consummating the transaction. 4. This resolution is an affirmative official action of the Tompkins County Board of Representatives toward the issuance of the Bonds as contemplated herein in accordance with the purposes of Federal laws. 5. This resolution is expressly contingent upon the fact that the securities issued by the THCC shall not constitute a debt of the County of Tompkins and shall in no way effect the borrowing capacity of the County. 6. This Board of Representatives hereby finds and determines that all formal actions of this Board of Representatives concerning and relating to the adoption of this resolution were adopted in an open meeting of this Board of Representatives, and that all deliberations of this Board of Representatives and of any of its committees that resulted in such formal action, were in meetings open to the public, in compliance with all legal requirements, and the rules of this Board of Representatives in accordance therewith. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 49 - BUDGET ADJUSTMENTS AND APPROPRIATIONS - VARIOUS DEPARTMENTS 49 February 16, 1993 Moved by Mrs. Call, seconded by Mr. Mason. A short roll call vote resulted as follows: Ayes - 13, Noes - 0, Excused - 2 (Representatives Dietrich and Shurtleff). Adopted. RESOLVED, on recommendation of the Health and Education, Human Services, Planning and Budget and Administration Committees, That the County Comptroller be authorized to make the following budget adjustment on his books: BUDGET ADJUSTMENTS Job Training Revenue: CD6290.4735 Special Training & $ 120 Employment Project CD6290.4425 Service Contracts Appropriation: Mental Health Revenue: Appropriation: Office for Aging Revenue: Appropriation: Revenue: Appropriation: Revenue: Appropriation: Revenue: Appropriation: Revenue: Appropriation: Planning Revenue: Appropriation: Revenue: Appropriation: Public Health Revenue: Appropriation: Revenue: A4235.2770 A4235.4400 A6777.3803 A6777.4491 A6780.3803 A6780.4465 A6782.8303 A6782.4302 .4465 .4466 A6783.4772 A6783.4491 A6789.3803 A6789.4465 A8023.4939 A8023.4465 .4466 CD8686.4989 CD8686.1671 .1701 .4302 .4402 .4452 .4465 .8830 .8840 .8870 A4010.3401 A4010.2210 .2211 .2212 .4302 .4315 .4330 .4442 .4452 .4472 .4901 A4011.3411 Unclassified Revenues Alcohol Council Revenue Subcontractor Revenue Job -Necessitated Travel Revenue Supplies Job -Necessitated Travel Job -Related Travel Revenue Subcontractor Revenue Job -Necessitated Travel Urban Transportation Job -Necessitated Travel Job -Related Travel HUD Rehabilitation Grant Secretary Admin. Spec. Coor. Office Supplies Legal Advertising Postage Job Necessitated Travel Social Security Worker's Compensation Unemployment Insurance PHW State Aid Equipment - Other Equipment - Chairs Equipment - Desks Office Supplies Nursing Supplies Printing PSF Postage Telephone Micro -computer State Aid IHAP Grant 50 $ 120 $(26,500) $(26,500) $ 7,364 $ 7,364 $ 161 $ 161 $ 137 $ 16 $ 72 $ 49 $ 169 $ 169 $ 99 $ 99 $ 2,011 $ 1,011 $ 1,000 $ 2,375 $ 40 $ 539 $ 417 $ 284 $ 200 $ 739 $ 140 $ 8 $ 8 $ 4,789 $ 333 $ 112 $ 244 $ 250 $ 800 $ 250 $ 1,950 $ 200 $ 400 $ 250 $ 811 Appropriation: Youth Bureau Revenue: Appropriation: APPROPRIATION: District Attorney FROM: TO: A4011.4465 .4466 A7026.3836 A7026.4589 February 16, 1993 Job -Necessitated Travel Job -Related Travel Red Cross Management Red Cross Management A1990 Contingent Fund A1166.4400 Special Prosecutors $ 611 $ 200 $ 2,000 $ 2,000 $ 10,578 $ 10,578 RESOLVED, further, That the Chairman of the Board be and hereby is authorized and directed to execute any contracts necessary to convey these funds. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 50 - ABOLITION AND CREATION OF POSITIONS AND BUDGET TRANSFER - SHERIFF'S DEPARTMENT Moved by Mrs. Call, seconded by Mrs. Schuler, and unanimously adopted by voice vote by members present. RESOLVED, on recommendation of the Public Safety and Budget and Administration Committees, That four (4) positions of Deputy Sheriff Transport Officers (32/428), labor grade II, competitive class, at twenty-five percent (25%) full-time equivalency be abolished, RESOLVED, further, That four (4) positions of Corrections Officer (32/406), labor grade II, competitive class, at one hundred percent (100%) full-time equivalency be created, RESOLVED, further, That the Comptroller is hereby authorized to transfer such funds between personal services sub -accounts as necessary in order to maintain proper balances: FROM: A3150.1904 Jail - Overtime $ 25,000 A3110.1904 Sheriff - Overtime 20,000 A3110.1419 Sheriff - Deputy (bgt err.) 29,830 A3110.1428 Sheriff - Dep. Sh. Trans. Offr. 29,000 A3110.8830 Sheriff - Social Security 5,800 A3110.8840 Sheriff - Worker's Comp. 1,655 A3110.8870 Sheriff - Unemployment 473 $ 111,758 TO: A3150.1406 Jail - A3150.8810 Jail - A3150.8830 Jail - A3150.8840 Jail - A3150.8860 Jail - A3150.8870 Jail - A3150.4340 Jail - Correction Officer Retirement Social Security Worker's Comp. Health Insurance Unemployment Clothing $ 84,592 2,086 4,559 1,251 15,912 358 3,000 $111,758 RESOLVED, further, That target spending in accordance with the Fiscal Plan for Tompkins County Sheriffs Department is hereby reduced from $1,946,600 to $1,859,842. RESOLVED further, That the County Administrator and the Public Safety Committee are charged with finalizing an implementation plan regulating the use of overtime in the Sheriffs Department. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) 51 February 16, 1993 It was Moved by Mrs. Call, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, to add to the agenda Resolution No. 29 - Refinancing of One-half of Capital Costs of Certain Facilities for Tompkins Cortland Community College. It was Moved by Mrs. Call, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, to rescind Resolution No. 29 of 1993 entitled Refinancing of One-half of Capital Costs of Certain Facilities for Tompkins Cortland Community College. RESOLUTION NO. 51 - APPROVAL OF PROPOSED AGREEMENT - DORMITORY AUTHORITY OF NEW YORK STATE AND TOMPKINS CORTLAND COMMUNITY COLLEGE Moved by Mrs. Call, seconded by Mr. Proto, and unanimously adopted by voice vote by members present. WHEREAS, the Tompkins County Board of Representatives (the "Local Sponsor") hereby finds and determines that, pursuant to the provisions of Article 126 of the Education law, the Local Sponsor has established [Tompkins Cortland] (the "Community College") in and for the County of Tompkins; has provided for the refinancing of not exceeding one-half of the amount of the capital costs of certain facilities (herein and in the Agreement, each as hereinafter defined, collectively called the "Project") and has authorized the Dormitory Authority of the State of New York (the "Authority") to provide for the refinancing of not to exceed one-half of the amount of the capital costs of the Project by the issuance of its bonds ( the "Bonds"), and in furtherance thereof and after discussion of the provisions of the proposed Agreement, wishes to approve the form and substance of the proposed Agreement among the Local Sponsor, the Authority and the Community College pertaining, among other matters, to said proposed Authority refinancing of one-half of the capital costs of said Project and to grant approval to the Board of Trustees of the Community College to execute and deliver the Agreement. NOW, THEREFORE, BE IT RESOLVED, by the Tompkins County Board of Representatives as follows: Section 1. The form and substance of a proposed agreement, by and among the Local Sponsor, the Authority and the Community College (the "Agreement"), in substantially the form presented to this Legislature prior to this meeting, is hereby approved. Section 2. The Chairman of the Tompkins County Board of Representatives, is hereby authorized, on behalf of the Local Sponsor, to execute and deliver the Agreement to the Authority, with such non - substantive changes in terms and form as said Chairman of the Tompkins County Board of Representatives, shall approve. The execution thereof by said Chairman shall constitute conclusive evidence of the approval of the Local Sponsor. Section 3. The Local Sponsor also hereby grants approval to the Board of Trustees of the Community College to authorize the approval of, and to execute and deliver the Agreement to the Authority, and the Local Sponsor knows of no regulation or limitation which has been established and prescribed by the State University of New York which would prohibit the Board of Trustees of the Community College from executing the Agreement and carrying out the provisions thereof. Section 4. The Local Sponsor hereby grants approval to the Board of Trustees of the Community College to do all things necessary and proper to effectuate the construction of the Project in accordance with the provisions of the Agreement. Section 5. The Local Sponsor hereby represents that it presently intends to continue its operation of the Community College, and does not intend to substantially reduce or "cut back" it's operations. The Local Sponsor further represents that its fiscal and economic situation is such that it will be able to continue, in the foreseeable future, its financial support for the Community College. Section 6. The Local Sponsor hereby authorizes the said Chairman of the Tompkins County Board of Representatives of the Local Sponsor, (who is duly qualified to so act) to execute and deliver all necessary or appropriate documents and to furnish all information requested by the Authority in connection with the Local Sponsor, including the furnishing of information required pursuant to the provisions of the Agreement. 52 February 16, 1993 Section 7. The Local Sponsor hereby authorizes the Dormitory Authority to construct the facility on its behalf and authorizes the said Chairman, of Local Sponsor, (who is duly qualified to so act) to execute and deliver all documents necessary or desirable in connection with construction of the Project by the Authority. Section 8. The said Chairman of the Local Sponsor agrees to provide to the Tompkins County Board of Representatives monthly status reports with respect to design and construction of the project, and the reports will be delivered in person to and reviewed by the Health and Education Committee. Section 9. A certified copy of this resolution shall be forwarded to the Chairman of the Tompkins County Board of Representatives and Office of the Tompkins County Comptroller, Commissioner of the Depaitment of Environment and Planning, County Attorney, President of Tompkins Cortland, and Executive Director - Dormitory Authority of the State of New York. Section 10. This Resolution shall take effect immediately. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) Ms. Mink asked for authorization to let Board members who are ill cast proxy votes. Chairman Watros requested the County Attorney to pursue this request. It was Moved Mrs. Call, seconded by Mr. Evans, to hold an executive session to discuss negotiations and contract negotiations. An executive session was held at 6:05 p.m. and returned to open session at 6:35 p.m. Mr. Lerner, Chairman, Solid Waste and Resource Management Committee, stated that he would like to schedule a special Board meeting on March 30 to discuss options on the Recycling and Solid Waste Center, to put the proposed DR -7 landfill site on hold and to follow-up on solid waste privatization. Mr. Lerner stated that he would like the Board to develop a long-term solid waste financing program. Chairman Watros agreed to the special meeting and said the Clerk of the Board will send a notice to Board members and media. Chairman Watros appointed the following members to serve on an ad-hoc Solid Waste Finance Committee: Eric Lerner, Chairman Mary Call Thomas Todd Ed Cope Chairman Watros stated that the Committee is charged to develop a long-range solid waste finance plan by year-end. Mr. Lerner stated that he hopes to bring a resolution forward to set criteria and perimeters of this plan. It was Moved by Mrs. Call, seconded by Mr. Mason, and unanimously adopted by voice vote by members present, to lift Resolution No. 33 of 1993 from the Table. RESOLUTION NO. 33 - ESTABLISHING A UNIT CHARGE FOR THE 1993 ANNUAL SOLID WASTE FEE (Amended by Resolution No. 127 of 1993) Moved by Mrs. Call, seconded by Mr. Mason. Mrs. Call, Chairman of the Budget and Administration Committee, reviewed the discussion and actions that took place at the committee meeting prior to the Board meeting. Moved by Mrs. Call, seconded by Mr. Winch, to approve option G proposed rates and options: Residential - $52.00; Apartments - $0.056; Warehouses/Recreation - $0.0270; Other - $0.0500; Other 53 February 16, 1993 (schools) - $0.0000; Local Government - $0.0000; Colleges - $280,233. A roll call vote resulted as follows on the amendment: Ayes - 9 (Representatives Call, Evans, Lerner, Livesay, Mason, Mink, Todd, Winch and Watros); Noes - 4 (Representatives Culligan, Proto, Schuler and Stein); Excused - 2 (Representatives Dietrich and Shurtleff). Motion carried. A roll call vote resulted as follows on the resolution as amended: Ayes - 9 (Representatives Call, Evans, Lerner, Livesay, Mason, Mink, Todd, Winch and Watros); Noes - 4 (Representatives Culligan, Proto, Schuler and Stein); Excused - 2 (Representatives Dietrich and Shurtleff). Resolution adopted as amended. RESOLVED, on recommendation of the Budget and Administration Committee, That the Unit Charge for the 1993 Annual Solid Waste Fee hereby be established at $52.00 per Billing Unit, RESOLVED, further, That the Schedule of Rates of real property for the purpose of this fee shall be as follows on ATTACHMENT A: ATTACHMENT A: SCHEDULE OF RATES Property Class "Used as" Code (A) Single family residences 210, 240, 250, 260, 280. Mobile homes 270, 271, 416. Churches Unit Charge: One Billing Unit per church or living unit Z32 (B) Two family residences all 220's, and other residences with two living units Unit Charge: Two Billing Units, except if verified as owner -occupied and used as a single unit dwelling, the charge is one Billing Unit. (C) Multi -unit residences: 3 or more units 230 Apartments: Any number of units on a commercial site A01 thru A07 Rooming houses B06 Unit Charge: One Billing Unit per 928.5714 square feet of floor area (D) Colleges: Unit Charge: All tax exempt parcels owned by these colleges. Tompkins -Cortland Community College Cornell University Ithaca College 189.6 Billing Units 4,682.4 Billing Units 517.1 Billing Units (E) Recreation and Warehouses (except row storage) Recreation All K's, ZO1 thru Z11, Z19 thru Z26 Warehouses FO1 thru F04, F06, F07, F08, F10, F11 Unit Charge: One Billing Unit per 1925.9259 square feet of floor area (F) All Other: All property classes and "used as" codes not listed elsewhere in a specific category. Unit Charge: One Billing Unit per 1040.0000 square feet of floor area (G) No fee assessed: Row storage F05 54 February 16, 1993 Non -contributive area Z98 Local government -- all tax-exempt parcels owned by the city, towns and villages within Tompkins County. Public schools: All tax-exempt parcels owned by taxing school entities within Tompkins County Z29 Unit Charge: Zero Billing Units Note: The Annual Solid Waste Fee does not apply to unimproved property. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) Mr. Proto, Chairman, Health and Education Committee, reported on cases of meat containing bacteria and stated that the Health Department has appropriate procedures prescribed so that people will not pick up this bacteria. Mr. Proto, Vice Chairman, Planning Committee, reported on rural ridership and stated that the County can project $42 million in upstate funding. Mr. Mason, Chairman, Public Safety Committee, reported that the Committee continues to work with ACT -UP and the Sheriffs Deparlruent on the HIV policy and recommendations for the policy. On motion of the appropriate committee chairmen and duly seconded and unanimously adopted by voice vote by members present, the following appointments were made to various advisory boards: County Board of Assessment Review Term expires December 31, 1995 Robert C. Herrick Family Court Advisory Council Term expires December 31, 1993 William Cornell - Law Enforcement representative Regional Forest Practice Board Term expires December 31, 1993 Daniel Winch - Board Member Advisory Board on Tourism Development Terms expires December 31, 1994 Margaret Hobbie - Arts Organization representative Solid Waste Management Advisory Committee Term expires December 31, 1994 Penny Calderazzo - Consumer representative On motion, the meeting adjourned at 6:59 p.m. 55 March 2, 1993 Regular Meeting Public Hearing Chairman Watros called the public hearing to order at 5:31 p.m. concerning proposed Local Law No. 2 of 1993 - Amending Local Law No. 7 of 1990 - Providing for Amendments to the Tompkins County Charter and Code - Youth Bureau - Section 22.02 - Youth Board; Composition; Term; Powers and Duties. Chairman Watros asked if anyone wished to speak? Mr. Shurtleff, Representative, District No. 9, asked what the local law meant? Ms. Zahler, Youth Bureau Director, said it raises the membership from four (4) to six (6) youth members. No one else wished to speak and Chairman Watros closed the public hearing at 5:33 p.m. Members and guests participated in the Pledge of Allegiance. Present: 13 Representatives. Excused: 2 (Representatives Call and Dietrich and Representative Evans was excused at 7:05 p.m.). It was Moved by Ms. Mink, seconded by Mrs. Livesay, and unanimously adopted by voice vote by members present, to approve the minutes of the February 16, 1993 meeting as submitted. Chairman Watros read a proclamation and presented it to Irene Stein, Office for the Aging Director, declaring March 7 - 13, 1993 as Employ the Older Worker Week in Tompkins County. Chairman Watros read a second proclamation and presented it to Ann -Marie Tutton, Assistant Vice President of Marketing, Tompkins County Trust Company, declaring March 22 - 28, 1993 as Community Banking Week in Tompkins County. Mr. Proto, Chairman, Health and Education Committee, said the committee met February 23. The committee reviewed the dental care program and said the Groton Health Center is taking the lead in the program. Mr. Deluca, Commissioner of Mental Health, updated the committee on the status of forensic care being provided at the Jail and the extra cost that may be incurred by the County. Mr. Proto stated that Mr. Deluca is working with Gordon Stevens, Jail Administrator, towards identifying the population at the Jail to see if all the individuals who receive this type of treatment really need it. The committee approved the Birches proposal for Willard Psychiatric Center. Mr. Stein, Representative, District No. 3, reported on the short-range plan program the community college is undertaking. The plan is for three to four years. A consultant was hired and will be looking at the building and grounds. Staff, students and community groups are also involved with the program. Mr. Proto said Board members should have received an invitation for the community college's budget session on February 26 which sets a stage for what the college will be requesting. Mr. Proto reported on the lead screening grant and stated the County hopes to receive 1993-94 funding. The next committee meeting will be March 30. Mr. Culligan, Liaison, Tompkins County Public Library, reported that Nancy McGinnis has been appointed Acting Public Library Director. Mr. Culligan announced a vacancy on the Library Board of Trustees. Mr. Evans, Chairman, Personnel Committee, reported that the committee met February 25. The committee expects to interview candidates for the position of Commissioner of Personnel on March 15 and 16. Mr. Evans stated that the position of Public Health Director has been advertised. The next committee meeting will be April 1. 56 March 2, 1993 Ms. Mink, Chairman, Human Services Committee, reported that the committee met this morning. Ms. Mink stated that a timeline has been proposed for the various security measures being taken at the Biggs complex. She commended Nancy Zahler for the awards ceremony held March 1 in tribute to volunteers on the Youth Board and youth commissions throughout the County. She stated that the committee heard a report from Theda Zimrot, Human Rights Director, who stated that the number of complaints has risen dramatically. Ms. Mink updated that Board on the status on the streamlining process of having a human services center. Mr. Mason, Chairman, Public Safety Committee, reported that the committee will meet on March 4 and will be discussing a resolution concerning the implementation of an overtime regulation plan for the Sheriffs Department. Mr. Proto, Vice Chairman, Planning Committee, reported that the committee met prior to the Board meeting to discuss the resolution on the agenda addressing the Dryden Dam project. The next committee meeting will be March 11. Mr. Winch, Chairman, Public Works and Construction Management Committee, reported on a food composting project at Attica, New York. Mr. Winch reported that the Governor has proposed a seven percent increase in CHIPS funding for 1993-94. He said that the committee reviewed rules for the Airport logo contest. He reported that an open house for the Old Jail and the new Planning Department will be held on Saturday, March 13. Mr. Winch updated the Board on the status of the elevator in the Mental Health Facility. He apologized for people not being able to use the sixth floor conference room and stated that he believes the problem has been taken care of. He will continue to monitor the situation. Mr. Winch reported on the groundbreaking ceremony for the new terminal at the Tompkins County Airport and stated that the ceremony went well and work has started. Mr. Todd, Chairman, Article 18 Task Force, stated that he will request an executive session to discuss a personnel matter. Mr. Todd, Chairman, Fiscal Affairs Committee, reported that the Committee met on February 17. He stated that many items are on hold until the County sees how Albany will handle the County's sales tax request. Chairman Watros stated that it is imperative that this Board be prepared to take action on March 30 on solid waste issues. He stated it is important that items which Mr. Lerner will report on in his committee report be moved forward with a fully informed Board of Representatives. Mr. Lerner, Chairman, Solid Waste and Resource Management Committee, reminded the Board that there will be a special Board meeting on March 30 to address solid waste issues. Mr. Lerner distributed a draft summary of each resolution that will appear on the agenda that evening. The resolutions will address the following: 1. The Solid Waste and Recycling Center - this resolution will authorize final negotiations with vendor(s) for the Center. The resolution will also reiterate the criteria for justifying the project. 2. DR -7 - this resolution will affirm that the policy of the Board of Representatives is to abandon plans for a balefill at DR -7. It will identify the major deadlines and tasks to be completed and will direct staff to proceed. 3. Preparing for taking bids for transportation and waste disposal - this resolution will direct staff to prepare a plan and schedule for a procurement process for long term transportation and disposal of solid waste. 4. Regulation of waste collection - this resolution will direct staff to work out schedules and deadlines for a six point plan to regulate waste collection. 5. Privatization - this resolution will approve a Solid Waste and Resource Management Committee report on privatization. 57 March 2, 1993 6. Finance and fairness - this resolution will set goals and priorities for developing a long term plan for solid waste finance by late summer. Mrs. Livesay, Intergovernmental Representative, reported on meeting of Tompkins County municipal officials which she attended. Mrs. Livesay stated that she met with City of Ithaca representatives to discuss sales tax. She said that she has been reviewing several pieces of State legislation relating to the Education of Handicapped Children, mandate relief and the proposed State takeover of Medicaid. She stated that she will attend the New York State Association of Counties conference next week. Mr. Winch, Vice Chairman, Budget and Administration Committee, reported on a meeting held prior to the Board meeting to discuss sharing the cost of security with the unified court system. Mr. Heyman, County Administrator, had no report. Mr. Mulvey, County Attorney, reported on the status of Rubbish Removal litigation. Chairman Watros gave the appropriate committee chairmen permission to withdraw the following resolutions from the agenda: Authorizing Supplementary Agreement No. 1 for Design of Aircraft Ramp and Taxiway Connector - New Terminal Project - Tompkins County Airport Environmental Management Council Election of New Chair It was Moved by Mr. Proto, seconded by Mr. Mason, and unanimously adopted by voice vote by members present, to add to the agenda the resolution entitled Authorization to Execute Contract - Marc Immerman, M.D. - Jail Medical Services. It was Moved by Ms. Mink, seconded by Mr. Evans, and unanimously adopted by voice vote by members present, to add to the agenda the resolution entitled Award of Bid - Security Access System - Biggs Building A. Chairman Watros gave the appropriate committee chairmen permission to withdraw from the agenda with final committee action being affirmed: CA020-93 - Award of Bid - Lease - Purchase of Truck with Snowplow - Buildings and Grounds CA021-93 - Contract with Town of Enfield for Small Cities Grant Services CA022-93 - Contract with New York State Council on the Arts for Trumansburg Main Street Study CA023-93 - Award of Bid - Security Access System - Biggs Building A RESOLUTION NO. 52 - ADOPTION OF LOCAL LAW NO. 2 OF 1993 - AMENDING LOCAL LAW NO. 7 OF 1990 - PROVIDING FOR AMENDMENTS TO THE TOMPKINS COUNTY CHARTER AND CODE - YOUTH BUREAU - SECTION 22.02 - YOUTH BOARD; COMPOSITION; TERM; POWERS AND DUTIES Moved by Ms. Mink, seconded Mrs. Livesay, and unanimously adopted by voice vote by members present. WHEREAS, a public hearing was held before the Board of Representatives on March 2, 1993 to hear all persons interested in proposed Local Law No. 2 of 1993, now therefore be it RESOLVED, on recommendation of the Human Services and Budget and Administration Committees, That said proposed Local Law No. 2 of 1993 - Amending Local Law No. 7 of 1990 - 58 March 2, 1993 Providing for Amendments to the Tompkins County Charter and Code - Youth Bureau - Section 22.02 - Youth Board; Composition; Term; Powers and Duties is adopted, RESOLVED, further, That the Clerk of the Board publish in the official newspaper of Tompkins County a notice of adoption containing a synopsis of said local law, and shall within five (5) days file one certified copy in the office of the County Clerk and three (3) certified copies in the office of the Secretary of State. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 53 - AMENDING THE BYLAWS OF THE TOMPKINS COUNTY YOUTH BOARD Moved by Ms. Mink, seconded by Mr. Evans, and unanimously adopted by voice vote by members present. WHEREAS, the Youth Board has revised its bylaws to reflect changes in membership made in the Charter and Code and to improve the advisory board's ability to recommend comprehensive plans and programs to promote youth development and prevent crime and delinquency, now therefore be it RESOLVED, on recommendation of the Human Services Committee, That the bylaws of the Tompkins County Youth Board on file in the Clerk of the Board's office are hereby approved as amended. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 54 - ENDORSEMENT OF "BIRCHES PROPOSAL" Moved by Mr. Proto, seconded by Mr. Evans, and unanimously adopted by voice vote by members present. WHEREAS, demographic projections show a dramatic increase in numbers of elderly in Tompkins County and the region as well as in the nation as a whole, and WHEREAS, increasing number of elderly will require treatment for mental illness and various dementias as well as physical conditions, and WHEREAS, Willard Psychiatric Center has developed an outstanding holistic program for gero- psychiatric patients, now therefore be it RESOLVED, on recommendation of the Health and Education Committee, That the Tompkins County Board of Representatives endorses the "Birches Proposal" for a regional Gero-psychiatric Center at Willard Psychiatric Center, RESOLVED, further, That the County Board of Representatives urges the appropriate members of the State Depaitments of Mental Health, Health, Social Services and Aging to work together to coordinate services for elderly psycho -geriatric patients suffering from Alzheimer's disease and organic brain syndrome so that all such individuals are appropriately placed and served. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 55 - URGING STATE TAKEOVER OF MEDICAID PROGRAM Moved by Mr. Todd, seconded by Mr. Stein. Following discussion, a voice vote resulted as follows: Ayes - 11, Noes - 2 (Representatives Lerner and Proto), Excused - 2 (Representatives Call and Dietrich). Adopted. 59 March 2, 1993 WHEREAS, New York is one of the few states in the country which mandates that counties and the City of New York (localities) pay a local Medicaid share, which now costs localities $3.3 billion a year with a growth factor of 14% per annum, and WHEREAS, this Medicaid mandate requires localities to dedicate an increasingly larger portion of their local taxes for the State Medicaid program thereby imposing a back breaking burden on local tax payers, and WHEREAS, it is imperative that localities obtain immediate relief from this unbridled growth in the Medicaid program by enactment of effective Medicaid cost-containment, and WHEREAS, local Medicaid relief must include the immediate acceleration, statutory expansion, and State assumption of the Managed Care Program, and WHEREAS, local Medicaid relief must also include the State assumption of the administrative costs of the Medicaid program, and WHEREAS, local Medicaid relief must also include a State takeover of the Medicaid program, and WHEREAS, each phase of a State takeover of the local Medicaid program should include a hold harmless clause to ensure that each locality benefits from the State takeover plan, and WHEREAS, counties no longer have the fiscal resources to support the local Medicaid share by reliance on continual property tax increases and sales tax increases, and a State takeover of Medicaid would enable counties to administer other necessary local programs in an equitable and productive fashion, and WHEREAS, the New York State Association of Counties has made Medicaid takeover its NUMBER ONE MANDATE RELIEF PRIORITY FOR 1993 and is advocating that Medicaid takeover be enacted into law concurrent with the adoption of the 1993-94 State budget, and WHEREAS, Tompkins County now wishes to express its support for State Medicaid takeover in accordance with the above recitals and such State takeover be enacted into law on or before March 31, 1993, now therefore be it RESOLVED, on recommendation of the Fiscal Affairs Committee, That Tompkins County supports a phases -in State takeover of the Medicaid program which shall include as a minimum: (1) enactment of structural Medicaid cost-containment, (2) assumption of local Medicaid managed care, (3) responsibility for all Medicaid administrative costs, (4) incur all growth in the Medicaid program by 1997, and (5) all additional Medicaid takeover relief agreed to by the Governor, Senate and Assembly, RESOLVED, further, That copies of this Resolution be submitted to Governor Mario M. Cuomo, Senate Majority Leader Ralph J. Marino, Assembly Speaker Saul Weprin, and all members of the New York State Legislature, as well as any and all other persons, organizations, and agencies deemed necessary and proper. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 56 - AWARD OF BID - OFFICE PANEL SYSTEM - OLD JAIL Moved by Mr. Winch, seconded by Mr. Culligan, and unanimously adopted by voice vote by members present. WHEREAS, the Division of Purchasing and Central Services has duly advertised for bids for an Office Panel System - Old Jail, and WHEREAS, nine (9) bids were received and duly opened on Thursday, February 11, 1993, and WHEREAS, the low bid received by B. Milligan Contracting of Oswego, NY, be rejected as not equivalent, now therefore be it RESOLVED, on recommendation of the Public Works and Construction Management Committee, That the bid received by B. Milligan Contracting of Oswego, NY, be accepted as the lowest responsible bidder with a bid as follows: Office #1 - Personnel $ 3,546 Office #2 - County Attorney's $ 3,826 Office #3 - Budget and Finance $ 2,536 60 Alternatives: March 2, 1993 Office #4&5 - Purchasing $ 5,366 TOTAL $15,274 Alternate #1 Alternate #2 Alternate #3 Alternate #4 Alternate #5 Alternate #6 TOTAL $ 685 $ 685 $ 685 $ 1,839 $ 1,839 $ 1,568 $ 7,301 RESOLVED, further, That funds shall be available in the Capital Account No. HV3151.9239 or through individual department budgets. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 57 - CREATION OF POSITION AND BUDGET TRANSFER - DIVISION OF BUDGET AND FINANCE (Amended by Resolution No. 84 of 1993) Moved by Mr. Winch, seconded by Mr. Mason, and unanimously adopted by voice vote by members present. RESOLVED, on recommendation of the Budget and Administration Committee, That one full time position of Administrative Assistant, (62-326), labor grade XII, be created in the Division of Budget and Finance effective March 8, 1993 for a period not to exceed ninety (90) days, RESOLVED, further, That the Comptroller is hereby directed to make the following budget transfer: FROM: A1310.4452 Postage $ 8,600 TO: A1310.1326 Administrative Assistant $ 8,000 A1310.8830 Social Security $ 600 SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 58 - FEDERAL SECTION 18 OPERATING ASSISTANCE GRANT APPLICATION FOR TOMTRAN RURAL TRANSIT Moved by Mr. Proto, seconded by Mrs. Schuler, and unanimously adopted by voice vote by members present. WHEREAS, Section 18 of the Federal Transit Act of 1964, as amended, provides for the payment of federal assistance for public transportation in rural and small urban places through a formal grant program administered by the New York State Department of Transportation, and WHEREAS, TOMTRAN rural routes are operated by CU Transit, Inc., and Tioga Transport, Inc., and provides fixed -route, open -to -the -public transportation service in Tompkins County, and WHEREAS, the New York State Department of Transportation informed the County that TOMTRAN is eligible for $59,000 in operating assistance for the 1993 calendar year, now therefore be it RESOLVED, on recommendation of the Planning Committee, That the County Administrator or his designee be authorized to execute and submit a Federal Section 18 an operating assistance application to the New York State Department of Transportation in the amount of $59,000 for the calendar year of 1993. SEQR ACTION: EXEMPT OR TYPE II 61 March 2, 1993 (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 59 - CONTRACT WITH NEW YORK STATE COUNCIL ON THE ARTS FOR LANSING TOWN CENTER STUDY Moved by Mr. Proto, seconded by Mr. Todd, and unanimously adopted by voice vote by members present. WHEREAS, Tompkins County won a grant from the New York State Council on the Arts on behalf of the Town of Lansing to perform a Town Center for the Town, and WHEREAS, the County Planning Department, in conjunction with the Town of Lansing Planning Board, will administer the grant on behalf of the Town of Lansing, and WHEREAS, the County will receive $2,500 from the New York State Council on the Arts for this study, now therefore be it RESOLVED, That the County Administrator be authorized to sign a contract with the New York State Council on the Arts, RESOLVED, That the money received be deposited in revenue account A7010.2770 (Arts Contract State Aid) and be budgeted in A7010.4442 (Professional Service Fees) by the County Comptroller. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 60 - CAPITAL PROJECT - AMEND RESOLUTION NO. 322 DATED OCTOBER 5, 1992, TO APPROVE INITIATION OF LEGAL PROCEEDINGS FOR EMINENT DOMAIN AS PART OF PURCHASE AGREEMENTS FOR ACQUISITION OF FLOOD EASEMENTS FOR VIRGIL CREEK P.L. 566 WATERSHED PROJECT (DRYDEN DAM PROJECT) Moved by Mr. Proto, seconded by Mr. Evans, and unanimously adopted by voice vote by members present. WHEREAS, the landowners and the municipalities have agreed to a negotiated settlement in lieu of eminent domain proceedings, now therefore be it RESOLVED, on recommendation of the Planning Committee, That Resolution No. 322 dated October 5, 1992, is amended to reflect a payment schedule of $500/acre for lands previously identified as being in the 10 year flood event and $300/acre for lands identified as being in flood events greater than 10 years up to the 100 year flood event as defined by the top of the proposed dam structure, RESOLVED, further, That additional survey work as agreed to in negotiations will locate the approximate easement boundary on either side of Virgil Creek at the County line and in accordance with agreed metes and bounds survey for Cortland County parcels 144-01-6 and 135.00-1-43, RESOLVED, further, That in the event that any landowner should for any reason refuse this negotiated agreement, that eminent domain proceedings may commence as specified in Resolution No. 322. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 61 - ESTABLISHMENT OF CONTRACT WITH COMMUNITY ARTS PARTNERSHIP FOR ADVISORY BOARD ON TOURISM DEVELOPMENT ADMINISTRATIVE OFFICE 62 March 2, 1993 Moved by Mr. Proto, seconded by Mrs. Schuler, and unanimously adopted by voice vote by members present. WHEREAS, the Advisory Board on Tourism Development (ABTD) has seen the need for an administrative location for its staff person and operation, and WHEREAS, the Community Arts Partnership of Tompkins County (CAP) has space available at a rate deemed reasonable to the ABTD, and WHEREAS, the CAP will also provide administrative services such as paying the ABTD staff salaries and benefits, installing appropriate office equipment and providing suitable space, and WHEREAS, the CAP shall voucher the County monthly in advance for all fixed expenses, and variable expenses shall be billed on a monthly basis as incurred, now therefore be it RESOLVED, That the County Administrator or his designee be authorized to sign a contract with the Community Arts Partnership to provide the aforementioned devices at a maximum cost of $18,247. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 62 - APPROVAL OF COMMUNITY ARTS PARTNERSHIP WORLD OF ART PLAN Moved by Mr. Proto, seconded by Ms. Mink, and unanimously adopted by voice vote by members present. WHEREAS, the Community Arts Partnership has successfully demonstrated the potential of its World of Art plan, now therefore be it RESOLVED, on recommendation of the Planning Committee, That $4500 be provided as interim support for the first quarter of the 1993 World of Art plan. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 63 - APPROVAL OF FUNDING FOR DEWITT MALL TICKET CENTER Moved by Mr. Proto, seconded by Ms. Mink, and unanimously adopted by voice vote by members present. WHEREAS, the Dewitt Mall Ticket center has continued to provide a service for tourists and residents alike, now therefore be it RESOLVED, on recommendation of the Planning Committee, That the Advisory Board on Tourism Development shall fund the Ticket Center at $8000. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 64 - APPROVAL OF COMMUNITY ARTS PARTNERSHIP (CAP) GENERAL SUPPORT Moved by Mr. Proto, seconded by Mrs. Schuler, and unanimously adopted by voice vote by 'members present. WHEREAS, CAP has participated considerably in the administration of Advisory Board on Tourism Development (ABTD) projects such as the tourism grants program, now therefore be it RESOLVED, on recommendation of the Planning Committee, That the ABTD shall provide $7,000 in general support to the Community Arts Partnership. 63 March 2, 1993 SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 65 - AUTHORIZATION TO EXECUTE CONTRACT - MARC IMMERMAN, M.D. - JAIL MEDICAL SERVICES Moved by Mr. Proto, seconded by Mr. Mason, and unanimously adopted by voice vote by members present. Mr. Evans was excused prior to the vote on the resolution. WHEREAS, the Tompkins County Health Depai tuient is charged with providing inmate medical services at the Tompkins County Public Safety Building, and WHEREAS, Marc Immerman, M.D. is qualified to provide medical services to inmates and oversee the medical services at the facility, now therefore be it RESOLVED, on recommendation of the Health and Education Committee, That the County Administrator is authorized to execute a contract with Marc Immerman, M.D. to provide inmate medical services at the Tompkins County Public Safety Building, RESOLVED, further, That funding for this service is provided to the Health Depai tment by the Sheriffs Department, said funds to be expended from A4150.4442, Professional Service Fees. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) Under unfinished business, Chairman Watros requested a decision be made on the course of action to be taken concerning the sales tax legislation. Discussion followed regarding the County Administrator's projected 1994 Tompkins County real property tax levy: The 1993 real property tax levy is $15,582,600. If the local share of five mandated items increases at the same rate as the last five years, this will add $1,617,064 to the levy. If the cost of living increase for all optional items is added to the levy and this increase is 4.1 percent, this will add $720,000 to the levy. If the County receives 50 percent of the proceeds of the fourth cent of local sales taxes, and if sales tax proceeds grow by one percent, the impact on the levy will be $787,442. The total levy based on the above would be $18,704,106 (+20%). If the County receives 75 percent of the proceeds of the fourth cent of local sales taxes the impact on the levy will be ($1,148,391). The total levy based on this would be $16,768,273 (+7.6%). If the fourth cent of local sales taxes were permitted to lapse, the impact on the levy would be $4,659,109. The total levy based on this would be 22,575,773 (+44.9%). Mr. Mulvey, County Attorney, stated that he has been informed by Assemblyman Luster that the Ways and Means Committee of the New York State Legislature has a general policy that they will not enact legislation for additional sales tax unless there is an agreement on how this sales tax will be spent. Mr. Todd, Chairman, Fiscal Affairs Committee, stated that the Committee has discussed this and believes that the County made a sound fiscal attempt to solve problems in rocky economic times. Mr. Todd said that he would not support the City of Ithaca's request for an additional amount of the County's sales tax. Ms. Mink, Representative, District No. 5, stated that she feels the City is doing what it has been told it can do. Mrs. Livesay, Representative, District No. 11, suggested the Board consider sharing services with the City of Ithaca. It was Moved by Mr. Stein, seconded by Mrs. Schuler, to add to the agenda the resolution entitled Authorizing Negotiations with the City of Ithaca Regarding Disposition of Sales Tax. A voice vote resulted as follows: Ayes - 10, Noes - 2 (Representatives Mason and Todd), Excused - 3 (Representatives Call, Dietrich and Evans). Motion Carried. 64 March 2, 1993 RESOLUTION NO. 66 - AUTHORIZING NEGOTIATIONS WITH THE CITY OF ITHACA REGARDING DISPOSITION OF SALES TAX It was Moved by Mr. Lerner, seconded by Mr. Proto. A voice vote resulted as follows: Ayes - 10, Noes - 2 (Representatives Todd and Winch), Excused - 3 (Representatives Call, Dietrich and Evans). Adopted. RESOLVED, on recommendation of the Sales Tax Negotiating Committee, That the Committee is hereby authorized to continue negotiations with the City of Ithaca regarding disposition of sales tax. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) Chairman Watros announced the appointment of Stuart Stein as Planning Committee Chairman. Mr. Stein will replace Representative Dietrich who has resigned effective March 11, 1993. Chairman Watros announced the appointments of Scott Craver and Peggy Calderazzo to the Solid Waste Finance Subcommittee. On motion of the appropriate committee chairmen and duly seconded and unanimously adopted by voice vote by members present, the following appointments were made to various advisory boards: Environmental Management Council Term expires December 31, 1993 Herb Engman - Chairman Human Rights Commission Terms expire December 31, 1995 Susan Beal Lyn Greenspan Solid Waste Management Advisory Committee Term expires December 31, 1993 Eric Lerner - County Board member Term expires December 31, 1995 Edward Cope - Environmental Management Council representative Chairman Watros declared recess from 7:50 p.m. to 7:55 p.m. It was Moved by Ms. Mink, seconded by Mrs. Schuler, and unanimously adopted by voice vote by members present, to enter into executive session at 7:56 p.m. to discuss personnel matters and litigation. The meeting returned to open session at 8:20 p.m. On motion the meeting adjourned at 8:20 p.m. 65 March 16, 1993 Regular Meeting Chairman Watros called the meeting to order at 5:30 p.m. Members and guests participated in the Pledge of Allegiance. Present: 14 Representatives. Excused: 1 (Representative Shurtleff arrived at 5:45 p.m.). Chairman Watros recognized and welcomed Tim J. Joseph, Representative, District No. 12. It was Moved by Mr. Evans, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, to approve the minutes of March 2, 1993 as submitted. Mr. Winch announced the appointment of Grant and Marie Musser as the Keepers of the Newfield Covered Bridge for 1993. Chairman Watros read a proclamation declaring March 16 - 22, 1993 as Red Cross Week in Tompkins County and presented it to Chuck Nocera of the Red Cross. Under privilege of the floor, Ernest Bury, Valley Road, Ithaca, addressed his concerns with municipal solid waste and asked for plans to be frozen on the Central Processing Facility. Under privilege of the floor, Jeannine Kirby, Supervisor, Town of Lansing, stated that she is opposed to the City of Ithaca receiving any additional sales tax revenue other than what was originally agreed upon. Under privilege of the floor Mr. Winch, Representative, District No. 8, thanked Public Works staff, road crews and grounds crews for their work during the blizzard. He sated that it will take the rest of the week to finish cleaning up. Under privilege of the floor, Mr. Mason, Representative, District No. 15, also extended his appreciation to the Fire, Disaster and EMS personnel for their work during the blizzard. He reported on the New York State Association of Counties (NYSAC) and New York State Supervisors and County Legislators Association (NYSSCLA) conference. He said it was a very productive session and copies of resolutions adopted by NYSAC are on file with the Clerk of the Board. Mr. Lerner responded to some of Mr. Bury's concerns regarding recycling of newspapers and flow control. Mr. Proto, Chairman, Health and Education Committee, reported that the annual Hospital meeting will be April 15. He stated that due to weather conditions, the Health Fair at Pyramid Mall was cancelled. He reported that the Convenient Care Center has had in excess of 17,000 visits. Mr. Evans, Chairman, Personnel Committee, reported that the Committee met briefly before the Board meeting. He stated that interviews with candidates for the position of Director of Personnel were cancelled due to the weather and will be rescheduled. Ms. Mink, Chairman, Human Services Committee, stated the next Committee meeting will be April 8. Mr. Mason, Chairman, Public Safety Committee, reported that the Committee met March 4 and Committee actions are reflected on the agenda. He stated that the Committee received correspondence from Judith VanAllen, Offender Aid and Restoration, regarding difficulties with the bail program. Some concerns are papers and bail funds not being returned in a timely manner following cases being resolved. 66 March 16, 1993 Mr. Mason stated that it was not appropriate for the County Attorney to assist because OAR is an outside agency and County money is not involved. Mr. Stein, Chairman, Planning Committee, stated that the Committee met today. Mr. Stein welcomed Representative Joseph. Mr. Stein reported on the Small Cities program and stated that a housing grant application for the Town of Enfield has been resubmitted. He stated that the Metropolitan Planning Organization has appointed a Director. The Town of Ithaca has requested staff assistance from the County Planning Depat tnient. Mr. Winch, Chairman, Public Works and Construction Management Committee, reported on an accident a County snowplow was in during the blizzard. He stated that during the blizzard there was minimal breakdown of equipment. Robert Nicholas, Airport Manager filed his 1992 annual report. Mr. Winch reported that the Airport Terminal project has been delayed due to frozen ground. Mr. Todd, Chairman, Fiscal Affairs Committee, reported that there has been ongoing discussion with Mary Pat Dolan, Commissioner, on how the Department of Social Services fits into the fiscal plan. A review of the fiscal plan has been postponed until negotiations with the City of Ithaca concerning sales tax is resolved. The Committee has been discussing salaries for Board of Representatives members for the term 1994-1997. The Committee will be discussing the establishment of a task force to consolidate police agencies and decentralize highway services. The Committee is also preparing preliminary work on conducting a survey like last year. Mr. Lerner, Chairman, Solid Waste and Resource Management Committee, stated that the plan is still to have six resolutions on the March 30 Special Board meeting agenda. He said the Committee will meet March 18 to discuss the six proposed resolutions and backup material will be available. The next meeting of the justification of the Central Processing Facility is March 23. Mrs. Livesay, Intergovernmental Representative, also reported on the New York State Association of Counties and New York State Supervisors and County Legislators Association conference and agreed it went very well. She stated that she attended the business meeting of Supervisors and Legislators and stated that they also adopted a packet of resolutions. Mrs. Livesay reported that she has been involved in negotiations on sales tax with the City of Ithaca. Mrs. Livesay stated that Monroe and Nassau County are suing the State for mandate funding and recommended that Tompkins County not get involved. Mrs. Call, Chairman, Budget and Administration Committee, reported that the Committee met March 9 and discussed changing the Assessment Review process, however, the Committee voted not to proceed. She stated that the Committee met briefly to clarify a form being used for the Solid Waste Fee. Mrs. Call said that any questions concerning the Fee should be directed to the Budget and Finance office. She stated that Cathy Covert, Clerk of the Board, updated the Committee on the status of the Board proceedings. The next Committee meeting will be April 13. Mr. Heyman, County Administrator, reported on employee health concerns at the Biggs complex. He reported that he is awaiting comments from the court system concerning security for the Courthouse. He reported on worker's compensation and insurance offerings by PENCO and a reciprocal among New York State municipalities at the New York State Association of Counties and New York State Supervisors and County Legislators Association conference. Mrs. Nelson, Chair, Employee Council, reported that the Council met March 3 and stated that the tasks the Council are working on will be charted in the next issue of the County Corridors. She stated that the Council will be looking at ways to improve communications among all employees. She said the Council supports Resolution No. 13 in memoriam to Schuyler County. The next meeting will be April 7 in the SADD Conference room. 67 March 16, 1993 On motion of the appropriate committee chairmen and duly seconded and unanimously adopted by voice vote, the following resolutions were added to the agenda: Amendment of Resolution No. 57 of 1993 - Creation of Position and Budget Transfer - Division of Budget and Finance Amendment of Resolution No. 359 of 1992 - Request for Authorization to Increase Local Sales Tax Authorizing Execution of Agreements for Aquatic Vegetation Control Program Narrative and Budget for NYSFY 1992-93 Budget Adjustment for Aquatic Vegetation Weed Control Decrease in Hours and Creation of Positions - Planning Department Authorization to Execute Agreement with City of Ithaca - Sales Tax Distribution Chairman Watros gave the appropriate committee chairmen permission to withdraw from the agenda the following resolutions: Approval of Convention and Visitors Bureau 1993 Budget A Resolution Authorizing the Issuance of $5,100,000 Serial Bonds of the County of Tompkins, New York to Pay the County's Share of the Cost of the Construction of Improvements at the Tompkins County Airport Authorization to Increase Hours - Director of Weights and Measures A Resolution Authorizing the Issuance of $363,801 Serial Bonds of the County of Tompkins, New York to Pay the Costs of Various Objects or Purposes Chairman Watros gave the appropriate committee chairmen permission to withdraw from the agenda the following resolutions with final committee action being affirmed: CA024-93 - Implementation of Overtime Regulation Plan - Tompkins County Sheriff CA025-93 - Acceptance of Grant and Budget Adjustment - Healthy Heart CA026-93 - Authorizing Supplementary Agreement No. 1 With C & S Engineers, Inc. for Design of Aircraft Ramp and Taxiway Connector - New Terminal Project - Tompkins County Airport CA027-93 - Award of Bid - Road Materials and Highway Services (Mr. Proto stated that he would be submitting a letter stating a conflict of interest and would request an abstention from any vote on this resolution) CA028-93 - Budget Adjustments and Appropriations - Various Depaitnients CA029-93 - Authorization to Execute Contract with Tompkins County Trust Company CA030-93 - Award of Bid - Office Furniture CA031-93 - Reclassification of Position - Youth Bureau CA032-93 - Reclassification of Positions - Public Works CA033a-93 - Authorization to Accept Funds from NYSACHO - Immunization Coalition - Health Department RESOLUTION NO. 67 - PERSONAL EMERGENCY RESPONSE SYSTEM RENTAL AND SERVICE FEES Moved by Mrs. Livesay, seconded by Mrs. Call, and unanimously adopted by voice vote. WHEREAS, the Tompkins County Board of Representatives by Resolution No. 420 of October 18, 1991, has authorized a rent and service charge schedule for Personal Emergency Response System (PERS) users, and WHEREAS, on recommendation of the PERS Advisory Board, that the Board of Representatives accept and adopt the revised schedule, now therefore be it 68 March 16, 1993 RESOLVED, on recommendation of the Human Services Committee, That the Board of Representatives accepts and adopts the following revised fee schedule: If you live alone: Equipment Service Total Monthly Income: Rental: Charge: Charge: Less than $541 $ 0.00 $ 0.00 $ 0.00 541 - 690 2.50 .50 3.00 691 - 800 5.00 1.25 6.25 801 - 1,000 7.50 1.90 9.40 1,001 - 1,500 10.00 2.50 12.50 1,501 - 2,000 20.00 5.00 25.00 2,001 - up 25.00 6.25 31.25 If you live with a spouse: Equipment Service Total Monthly Income: Rental: Charge: Charge: Less than $774 $ 0.00 $ 0.00 $ 0.00 744 - 925 2.50 .50 3.00 926 - 1,100 5.00 1.25 6.25 1,101 - 1,300 7.50 1.90 9.40 1,301 - 1,800 10.00 2.50 12.50 1,801 - 2,300 20.00 5.00 25.00 2,301 - up 25.00 6.25 31.25 SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 68 - POLICY REGARDING PAYMENT OF COSTS FOR SPACE IN COUNTY BUILDINGS Moved by Mr. Winch, seconded by Mr. Evans, and unanimously adopted by voice vote. RESOLVED, on recommendation of the Fiscal Affairs and Public Works and Construction Management Committees, That effective immediately any new or increased occupancy of space in any County building must at a minimum be paid for in full by the user department, agency or company. The full cost of such occupancy shall be as determined in the Buildings and Grounds Cost Report prepared by Jack Venesky, CPA (Certified Public Accountant), or any successor means of determining costs as established by the Public Works and Construction Management Committee of this Board, RESOLVED, further, That all other practices with respect to charging for space in County buildings shall be unaffected by this resolution. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 69 - AWARD OF BID - OFFICE FURNITURE SOLID WASTE OFFICE BUILDING Moved by Mr. Winch, seconded by Mrs. Livesay. A voice vote resulted as follows: Ayes - 14, Noes - 1 (Representative Proto). Adopted. WHEREAS, the Division of Purchasing and Central Services has duly advertised for office furniture for use by various County departments, and 69 March 16, 1993 WHEREAS, eight (8) bids were received and publicly opened on February 26, 1993, now therefore be it RESOLVED, on recommendation of the Solid Waste Construction Committee and the Public Works Construction Management Committee, That the bid of Batty & Hoyt Inc. of Syracuse, New York be rejected as they do not meet minimum specifications, RESOLVED, further, That the bids of RACE Office Equipment Co., Inc. of Ithaca, New York for carts and storage cabinets, and MDI, Inc. of Syracuse, New York for all HON and Bevis items be rejected as they do not meet minimum specifications, RESOLVED, further, That the bid be awarded in the following configuration: Syracuse Office Environments Syracuse, New York: $6,889.60 T.G. Miller's Sons Paper Co. Ithaca, New York: $255.63 RACE Office Equipment Co., Inc. Ithaca, New York: $5,902.29 Ithaca Office Equipment Ithaca, New York: $992.74 Hummels Office Equipment Co., Inc. Herkimer, New York: $5,508.99 Desks/Returns File Cabinets Secretarial Task Chairs HON Side Chairs Storage Cabinets (24" deep) Grolen Computer Furniture Chairmats Stylex Chairs Magazine Wall Rack Map Cabinets Bevis Computer Furniture Folding/Utility Tables Wood Bookcases Global Stacking Chairs Miscellaneous Tables/Stands RESOLVED, further That the percentage discounts be awarded in the following configuration: Syracuse Office Environments Syracuse, New York HON Desks HON Files HON Seating 50.1% 50.1% 50.1% Hummels Office Equipment Co., Inc. BEVIS Computer Furniture 55% Herkimer, New York BEVI S Panels 55% RESOLVED, further, That the Department of Public Works be authorized to execute this award on behalf of the County in accordance with the terms and specifications outlined within the bid specifications, funds to be provided from Capital Account HH8167.9239. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 70 - AUTHORIZATION TO EXECUTE A GRANT AGREEMENT WITH FEDERAL AVIATION ADMINISTRATION (FAA) - NEW SNOW PLOW - TOMPKINS COUNTY AIRPORT Moved by Mr. Winch, seconded by Mr. Proto, and unanimously adopted by voice vote. 70 March 16, 1993 WHEREAS, the County has received a grant offer from the Federal Aviation Administration (FAA) in the amount of $191,671 towards the cost of purchasing a new airport snow plow, and WHEREAS, the budget for said project is as follows: FAA Share (90%) Account No. HT5610.4592 $ 191,671 NYSDOT Share (5%) Account No. HT5610.3592 10,648 Local Share (5%) Account No. HT5610.5031 10,649 (PFC's) Total Cost Account No. HT5610.2200 $ 212,968 RESOLVED, on recommendation of the Public Works and Construction Management Committee, That the FAA grant offer in the amount of $191,671 be and hereby is accepted and that the County Administrator is authorized to execute the required documents. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 71 - AWARD OF BID - AIRCRAFT RAMP AND TAXIWAY CONNECTOR - TOMPKINS COUNTY AIRPORT Moved by Mr. Winch, seconded by Mr. Proto, and unanimously adopted by voice vote. WHEREAS, the Division of Purchasing and Central Services has duly advertised for bids for construction of an aircraft ramp and taxiway connector at the Tompkins County Airport in accordance with specifications as approved by the Airport Construction Committee, the Federal Aviation Administration (FAA), and the New York State Department of Transportation (NYSDOT), and WHEREAS, five (5) bids were received and publicly opened and read on February 18, 1993, now therefore be it RESOLVED, on recommendation of the Airport Construction and Public Works and Construction Management Committees, That the bid for construction of an aircraft ramp and taxiway connector be awarded to Suit-kote Corporation of Cortland, New York as being the lowest responsible bidder in the amount of $2,377,331.95, subject to agreement by the FAA and NYSDOT, RESOLVED, further, That the County Administrator is hereby authorized to execute a contract with Suit-kote to implement this bid, RESOLVED, further, That the Comptroller is hereby authorized to borrow monies until reimbursement is received from the FAA, NYSDOT, and airport revenues for this project, and that the funding sources shall be as follows: FAA Share (90%) Account No. HU5610.4592 $2,139.598 NYSDOT Share (5%) .3592 118,867 Local Share (5%) .2831 118,867 Total Account No. HU5610.9239 $2,377,332 RESOLVED, further, That a project contingency of ten percent be established, funds being available in Account No. HU5610.9239 and the County Administrator be authorized to sign future change orders up to the project contingency amount. SEQR ACTION: TYPE I (NEGATIVE DECLARATION ON FILE) RESOLUTION NO. 72 - CORRECTION OF TAX ROLL - CITY OF ITHACA - ITHACA URBAN RENEWAL AGENCY Moved by Mrs. Call, seconded by Mrs. Schuler, and unanimously adopted by voice vote. WHEREAS, this Board is informed that an error has been made in the 1993 tax roll for the City of Ithaca, namely parcel 43-2-1.3 assessed to Ithaca Urban Renewal, an exemption having been omitted, now therefore be it 71 March 16, 1993 RESOLVED, on recommendation of the Budget and Administration Committee, That the entry on the tax roll be corrected, RESOLVED, further, That the total tax for the parcel be changed from $967.40 to $ -0-, RESOLVED, further, That the tax collector for the City of Ithaca is hereby authorized and directed to correct the 1993 tax roll, RESOLVED, further, That the amount of $967.40 be charged back. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 73 - A RESOLUTION CALLING A PUBLIC HEARING ON THE ISSUANCE OF SERIAL BONDS BY THE COUNTY OF TOMPKINS, NEW YORK TO PAY THE COST OF VARIOUS IMPROVEMENTS AT THE TOMPKINS COUNTY AIRPORT IN AND FOR SAID COUNTY Moved by Mrs. Call, seconded by Mr. Mason. A voice vote resulted as follows: Ayes - 14, Noes - 1 (Representative Lerner). Adopted. WHEREAS, the County of Tompkins, New York, proposes the issuance of serial bonds (the "Bonds") of said County to pay the County's share of the cost of various improvements at the Tompkins County Airport in said County, including the construction of a new terminal building, access roads, parking lots, ramp/taxiway and T -hangers including original furnishings, equipment, machinery, apparatus and related incidental improvements and expenses in connection therewith, and WHEREAS, the Bonds and any bond anticipation notes issued in anticipation thereof may be "private activity" bonds within the meaning of Section 141 of the Internal Revenue Code of 1986 (the Code"), and WHEREAS, Section 147(f) of the Code requires that bonds or notes which are "private activity" bonds within the meaning of Section 141 of the Code be approved by the governmental unit issuing such bonds or notes after a public hearing following reasonable public notice, in order for interest on the bonds or notes to be excludable from gross income for federal income tax purposes, and WHEREAS, the Board of Representatives now desires to call a public hearing on the issuance of the Bonds and any bond anticipation notes issued in anticipation of said Bonds, now therefore be it RESOLVED, by the Board of Representatives of the County of Tompkins, New York, as follows: Section 1. A public hearing will be held at the Tompkins County Courthouse, in Board Chambers, in Ithaca, New York, in said County on April 6, 1993, at 5:30 o'clock p.m. Prevailing Time, on the question of whether serial bonds, and bond anticipation notes issued in anticipation thereof, should be issued by the County of Tompkins, New York, to finance the County's share of the cost of various improvements at the Tompkins County Airport in said County, including the construction of a new terminal building, access roads, parking lots, ramp/taxiway and T -hangers including original furnishings, equipment, machinery, apparatus and related incidental improvements and expenses in connection therewith, and to hear all persons interested in the subject thereof, concerning the same, and to take such action thereon as is required or authorized by law. Section 2. The Clerk of the Board of Representatives is hereby authorized and directed to cause a copy of the Notice of Public Hearing hereinafter provided to be published once in the Ithaca Journal, the newspaper hereby designated as the official newspaper for this purpose and one having general circulation in, and available to residents of, the County, such publication to be made not less than 14 days before the date designated for the hearing. The Clerk of the Board of Representatives is hereby further authorized and directed to cause a copy of such Notice of Public Hearing to be posted in such places as the Clerk of the Board of Representatives customarily posts similar notices of public meetings of the Board of Representatives of the County of Tompkins, such posting to be done not less than 14 days before the date designated for the hearing. Section 3. The notice of public hearing shall be in substantially the following form: 72 March 16, 1993 NOTICE IS HEREBY GIVEN that the Board of Representatives of the County of Tompkins, New York will meet at the Tompkins County Courthouse, in Board chambers, in Ithaca, New York, in said County, on April 6, 1993, at 5:30 o'clock p.m., Prevailing Time, for the purpose of conducting a public hearing on the question of whether serial bonds, and anticipation notes issued in anticipation thereof, should be issued by the County of Tompkins, New York, to pay the County's share of the cost of various improvements at the Tompkins County Airport in said County, including the construction of a new terminal building, access roads, parking lots, ramp/taxiway and T -hangers including original furnishings, equipment, machinery, apparatus and related incidental improvements and expenses in connection therewith. The maximum aggregate face amount of the serial bonds, or bond anticipation notes issued in anticipation thereof, to be issued with respect to such improvements will not exceed $5,100,000. The maximum estimated cost of the improvements is $5,100,000, of which obligations of the County, not to exceed $5,100,000, will be issued. It is anticipated that bond anticipation notes in the aggregate amount of $5,100,000 will be issued prior to the issuance of serial bonds. The County is the owner and operates the Tompkins County Airport. At said public hearing the Board of Representatives will hear all persons interested in this subject matter. Dated: Ithaca, New York BY ORDER OF THE BOARD OF REPRESENTATIVES March 31, 1993 OF THE COUNTY OF TOMPKINS, NEW YORK By Catherine Covert Clerk, Board of Representatives Section 4. This resolution shall take effect immediately. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 74 - AUTHORIZING A PUBLIC HEARING ON PROPOSED LOCAL LAW NO. c OF 1993 - SCANNER ACCURACY LAW Moved by Mrs. Call, seconded by Mr. Evans. It was Moved by Ms. Mink, seconded by Mrs. Schuler, to add the following Resolved: "Resolved, further, That a public hearing also be held concerning the proposed Item Pricing local law of 1991." Mr. Mason asked if a representative who did not vote on the prevailing side could bring back an item for reconsideration. Mr. Mulvey, County Attorney, felt that since it is beyond a year it could be brought back. It was Moved by Mr. Mason, seconded Mr. Proto, to Table amendment and main motion for County Attorney to research whether it is a motion to reconsider. A voice vote resulted as follows: Ayes - 8 (Representatives Call, Culligan, Lerner, Mason, Proto, Todd, Winch and Watros), Noes - 7 (Representatives Evans, Joseph, Livesay, Mink, Schuler, Shurtleff and Stein). Motion to Table carried. RESOLVED, on recommendation of the Budget and Administration Committee, That a public hearing be held before the Board of Representatives at Board Chambers of the Tompkins County Courthouse, 320 North Tioga Street, Ithaca New York on Tuesday, April 6, 1993 at 5:30 p.m. in the evening thereof concerning proposed Local Law No. c of 1993 - Scanner Accuracy Law. At such time and place all persons interested in the subject matter will be heard concerning the same, RESOLVED, further, That the Clerk of the Board is hereby authorized and directed to place proper notice of such public hearing in the official newspaper of the County. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) 73 March 16, 1993 RESOLUTION NO. 75 - APPROVAL OF SALE PRIOR TO AUCTION - COUNTY OWNED PROPERTY ACQUIRED THROUGH TAX FORECLOSURE - TOWN OF CAROLINE Moved by Mrs. Call, seconded by Mr. Proto, and unanimously adopted by voice vote. WHEREAS, by tax foreclosure proceedings of 1992, the County acquired parcel 18.-1-22 in the Town of Caroline, and WHEREAS, prior to auction of said property, the County Administrator wishes to sell same for the total amount due for taxes, penalties, interest and expenses, now therefore be it RESOLVED, on recommendation of the Budget and Administration Committee, That the sale of parcel no. 18.-1-22 to Robert and Thea White of 3437 Slaterville Road, Brooktondale, New York, for the amount of taxes, penalties, interest and expenses due, be and the same hereby is confirmed and the County Administrator is directed to execute a quitclaim deed to the aforesaid property. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 76 - AMENDMENT OF RESOLUTION NO. 370 OF 1992 - ESTABLISHING 1993 MEETING DATES Moved by Mrs. Call, seconded by Mr. Lerner, and unanimously adopted by voice vote. RESOLVED, on recommendation of the Budget and Administration Committee, That Resolution No. 370 of 1992 - Establishing 1993 Meeting Dates, be amended by rescheduling the April 5, 1993 Board meeting to April 6, 1993 at 5:30 p.m. in Board Chambers. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 77 - INCREASE HOURS TEMPORARILY - CLERK OF THE BOARD Moved by Mrs. Call, seconded by Mr. Proto, and unanimously adopted by voice vote. RESOLVED, on recommendation of the Budget and Administration Committee, That the positions of Clerk of the Board and Deputy Clerk increase their hours from 35 to 40 per week up to 90 days, effective March 15, 1993. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 78 - APPROVAL OF FINGER LAKES ASSOCIATION 1993 BUDGET Moved by Mr. Stein, seconded by Mr. Culligan, and unanimously adopted by voice vote. WHEREAS, the Finger Lakes Association has submitted its annual budget for review by the ABTD (Advisory Board on Tourism Development), now therefore be it RESOLVED, on recommendation of the Planning Committee, That the Finger Lakes Association shall receive up to 7.6 percent of the 1993 Occupancy Tax revenues, which is projected to amount to $31,920, RESOLVED, further, That the Finger Lakes Association shall provide as soon as possible its 1992 year to date actual financial statement and a written revised 1993 budget reflecting the $31,920 cap. SEQR ACTION: EXEMPT OR TYPE II 74 March 16, 1993 (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 79 - BUDGET FOR HUD ADMINISTRATION Moved by Mr. Stein, seconded by Mr. Proto, and unanimously adopted by voice vote. WHEREAS, Tompkins County received a $400,000 grant from the U.S. Department of Housing and Urban Development as part of the Small Cities Community Development Block Grant program, and WHEREAS, the County has administered this grant to perform housing rehabilitation work in the Town of Caroline, and WHEREAS, the work to be performed as part of this grant will continue into 1993, now therefore be it RESOLVED, on recommendation of the Planning Committee, That the County Comptroller be authorized to place monies into the CD8686 (HUD Administration) accounts as follows: Revenue: .4989 HUD Rehabilitation Grant $126,020.00 Expenses: .1243 Planning Committee 300.00 .1701 Admin. Spec. Coor. 703.92 $1,003.92 .4302 Office Supplies .4402 Legal Advertisement .4442 Professional Service Fees .4452 Postage .4465 Job Necessitated Travel .4491 Sub Contracts 149.09 250.00 9,003.58 100.00 437.20 114,978.41 $124,918.28 .8830 Social Security 76.80 .8840 Workers Compensation 10.50 .8870 Unemployment Compens. 10.50 $97.80 RESOLVED, further, That the County Comptroller or his designee be authorized to draw down funds for HUD as needed. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 80 - APPROVAL OF CONTRACT WITH FINGER LAKES FIREWOOD FOR FORESTRY PROGRAM Moved by Mr. Stein, seconded by Mrs. Schuler, and unanimously adopted by voice vote. WHEREAS, the Tompkins County Forestry Program has identified an opportunity to generate additional revenue by the selective cutting of timber not previously designated by the timber bid, and WHEREAS, Finger Lakes Firewood of Candor, New York, wishes to contract with the County to harvest said timber, and WHEREAS, the contract will allow the County forest to be maintained in proper environmental condition, now therefore be it RESOLVED, on recommendation of the Planning Committee, That the County Administrator or his designee be authorized to enter into an agreement with Finger Lakes Firewood for the harvest of timber, 75 March 16, 1993 RESOLVED, further, That the County Comptroller be authorized to deposit revenues received in Account No. A8710.2652 (Sale of Forestry Products). SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 81 - CAROLINE HUD GRANT ADMINISTRATION Moved by Mr. Stein, seconded by Mr. Proto, and unanimously adopted by voice vote. WHEREAS, the Town of Caroline received a $400,000 grant from the U.S. Department of Housing and Urban Development (HUD) in September 1992, and WHEREAS, the Town has contracted with Tompkins County in order to administer and execute this grant, and WHEREAS, the County has sub -contracted with Better Housing for Tompkins County and Carlson Associates of Cooperstown,'N.Y., to provide administrative services, and WHEREAS, the Planning Depail,nent has the ability to provide these administrative services on behalf of the town, now therefore be it RESOLVED, on recommendation of the Planning Committee, That the County Comptroller is authorized to place the funds received in account CD8687 (HUD Local Administration) as follows: Revenue: .4989 Local Income $395,000.00 Expenses: .1243 Commissioner of Planning 5,309.00 .1701 Administrative Specialist Coordinator 2,832.00 .1671 Secretary 559.00 $8,700.00 .4302 Office Supplies .4402 Legal Advertising .4442 Professional Service Fees .4452 Postage .4465 Job Necessitated Travel and Training .4491 Sub Contracts .8830 Social Security .8840 Workers Compensation .8860 Health Insurance .8870 Unemployment Insurance 570.00 750.00 22,000.00 200.00 800.00 360,000.00 $384,320.00 653.00 25.00 1,251.00 51.00 $1,980.00 TOTAL $395,000.00 RESOLVED, further, That the Administrative Coordinator of the Planning Department be authorized to draw money on behalf of the Town of Caroline. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 82 - AUTHORIZING EXECUTION OF AGREEMENTS FOR AQUATIC VEGETATION CONTROL PROGRAM NARRATIVE AND BUDGET FOR NYSFY 1992-93 Moved by Mr. Stein, seconded by Mr. Winch, and unanimously adopted by voice vote. 76 March 16, 1993 WHEREAS, the Tompkins County Board of Representatives has authorized by Resolution No. 219, dated July 15, 1992, and subsequent memorandum of understanding with the Finger Lakes Association, Inc., the expenditure of monies from New York State Department of Environmental Conservation (NYSDEC) Aquatic Vegetation Control Program Grant for New York State Fiscal Year 1992-93 pending and in accordance with the program narrative reviewed and approved by NYSDEC, and WHEREAS, the pending contract with NYSDEC provides full State funding for all parts of the program narrative, and WHEREAS, the NYSDEC has approved the program narrative content and budget, and WHEREAS, the program narrative attached to said contract identifies Cornell University as the principle contractor for work in progress and that this continuity is in the best interests of the County in order to accomplish the tasks defined in the program narrative, now therefore be it RESOLVED, on recommendation of the Planning Committee, That the County Administrator is hereby authorized to execute an Agreement with Cornell University to perform certain tasks defined in the program narrative. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 83 - BUDGET ADJUSTMENT FOR AQUATIC VEGETATION WEED CONTROL Moved by Mr. Stein, seconded by Mr. Joseph, and unanimously adopted by voice vote. WHEREAS, Tompkins County has received grants from the State of New York for the Aquatic Vegetation Control Program (Account No. A8022), and WHEREAS, the County has been unable to complete the grants from the years 1989-90 and 1990- 91 due to weather and other problems, and WHEREAS, the County has requested that the Planning Department bring forward previous year's monies through a budget adjustment in order to spend previous year's funds, and WHEREAS, the County is required to spend 1989-90 and 1990-91 State Fiscal Year funds by March 31, 1993 in order to receive retainage for these program years, now therefore be it RESOLVED, on recommendation of the Planning Committee, That the following amounts be brought forward to be spent before March 31, 1993: 1989-90 Aquatic Vegetation Control .2230 Computer Software $ 297.40 Total for year $ 297.40 1990-91 Aquatic Vegetation Weed Control .2230 Computer Software .4302 Office Supplies .4442 Professional Service Fees (Cornell University) Total for year 1991-92 Aquatic Vegetation Weed Control Revenue .3959 State Aid Expenditure .2206 Computer Equipment .2230 Computer Software .2720 Previous Year's Encumbrance .4302 Office Supplies .4314 Computer Supplies .4425 Service Contracts $ 750.00 $ 98.98 $ 914.60 $1,763.58 $18,725.00 $ 425.00 $ 1,075.00 $14,247.05 $ 63.21 $ 150.00 $ 6,585.30 77 .4442 Professional Service Fees .4447 Printing .4452 Postage .4465 Job Necessitated Travel .4700 Previous Year's Encumbrance March 16, 1993 $ 1,805.72 $ 350.00 $ 21.75 $ 600.00 $ 1,235.72 RESOLVED, further, That the County Comptroller be authorized to make the necessary adjustments to the Aquatic Vegetation Control Program Account (A8022) as indicated above. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 84 - AMENDMENT OF RESOLUTION NO. 57 OF 1993 - CREATION OF POSITION AND BUDGET TRANSFER - DIVISION OF BUDGET AND FINANCE Moved by Mrs. Call, seconded by Mr. Proto, and unanimously adopted by voice vote. RESOLVED, on recommendation of the Budget and Administration Committee, That Resolution No. 57 of 1993 be amended that effective March 15, 1993 one full time position of Administrative Assistant, (62-326), labor grade XII, be created in the Clerk of the Board's office for a period not to exceed ninety days, RESOLVED, further, That the Comptroller is hereby directed to make the following budget transfer: FROM: A1310.4452 Postage $ 8,600 TO: A1040.1326 Administrative Assistant $ 8,000 A1040.8830 Social Security $ 600 SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 85 - DECREASE IN HOURS AND CREATION OF POSITIONS - PLANNING DEPARTMENT Moved by Mr. Evans, seconded by Mr. Mason, and unanimously adopted by voice vote. RESOLVED, on recommendation of the Planning and Personnel Committees, That the position of Planning Specialist (11/564), labor grade K(11), competitive class be decreased in hours from 35 to 17.5 hours per week effective immediately, RESOLVED, further, That one position of Geographic Information System Technician (08/713), labor grade H(08), competitive class and one position of Geographic Information System Analyst (13/714), labor grade M(13), competitive class be created effective immediately, RESOLVED, further, That monies have been budgeted in HG 1355.9239 (Assessment Mapping Capitol Improvement Program) to fund these positions for 1993. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 86 - DISTRIBUTION OF SALES TAX (POSTPONED — CONSIDERED MUTE) Moved by Mr. Todd, seconded by Mr. Proto. Following a brief discussion, it was Moved by Mr. Shurtleff, seconded by Mrs. Livesay, and unanimously adopted by voice vote, to Table this resolution until all arguments have been heard on the proposed sales tax resolutions. 78 March 16, 1993 WHEREAS, the Board of Representatives had adopted Resolution No. 15 of 1992 requesting enabling legislation for the State of New York for the imposition of an additional one -percent sales tax upon the expiration of the current enabling legislation, and WHEREAS, said resolution seeks a division of proceeds with the City of Ithaca consistent with the current division, and WHEREAS, the Common Council of the City of Ithaca has adopted a resolution stating its intent to thwart such state enabling legislation unless the City of Ithaca is granted a significantly higher allocation of such proceeds, and WHEREAS, the Common Council proposed to make such demand under its perceived right of pre - exemption, and WHEREAS, there is no such right of preemption in either constitutional, statutory or case law, and WHEREAS, the Common Council's statement of intent is based solely upon a policy alleged to have been adopted by the Ways and Means Committee of the New York State Assembly, which policy purports to deny such enabling legislation to a county unless there is an agreement with a city within such county regarding the division of proceeds, and WHEREAS, the Board of Representatives initially sought the additional sales tax authorization due to a critical fiscal situation exacerbated in part by increasing state mandated programs and escalating solid waste responsibilities, and only after extensive cost-cutting measures, and WHEREAS, the division of proceed proposed by the City would result in an estimated 20 per cent increase in County property taxes and would, therefore, thwart the Board of Representatives long-term fiscal plan to ease the burden of state -mandated programs upon property tax -payers, and WHEREAS, the Common Council's threat to kill the County's enabling legislation altogether, would result in a forty-four percent County property tax increase, now therefore be it RESOLVED, That this Board of Representatives hereby urges the City Council to accept the Board of Representative's Resolution, and in the form submitted to state legislation. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 87 - AUTHORIZATION TO EXECUTE AGREEMENT WITH CITY OF ITHACA - SALES TAX DISTRIBUTION Moved by Ms. Mink, seconded by Mrs. Schuler. Ms. Mink offered the following amendments to the agreement between the County of Tompkins and City of Ithaca: 1. a. Replace the wording "consumer price index (CPI -U, Northeast)..." in the last sentence on pages 3 and 4 in paragraph 4 with ... "total of sales tax revenues generated from sales attributed to the City of Ithaca, as determined by adjusted quarterly reports generated by the New York State Department of Taxation and Finance, for the twelve months ending October 31, 1994, and the denominator of which is the equivalent total of sales tax revenues for the period ending October 31, 1993". b. Replace the wording "consumer price index..." in paragraph 5 on page 4 with ... "total of sales tax revenues as measured as per paragraph 4 of this agreement for the period ending October 31, 1995 and the denominator of which is the equivalent total of sales tax revenues for the period ending October 31, 1993". 2. Delete on page 3, paragraph 2, "the City Prosecutor Office" and on page 4, paragraph 7, "$50,000.00 for the City Prosecutor's Office". Change the figure for funding human service agencies to $190,000.00 instead of $180,000.00. 3. Delete the following wording in paragraph 8 on pages 5 and 6: "Similarly, it is understood and agreed that the City's agreement to support said proposed legislation is conditioned upon and in consideration of receiving such payments from the County and that nothing in this agreement or in the City's support for this proposed legislation shall be construed to imply the City's support for future similar legislation". It was stated that this is also an agreement to sit down with the City of Ithaca to discuss the consolidation of some services. 79 March 16, 1993 A brief discussion followed concerning the County Administrator's handout on sales tax split. Mrs. Call stated that she has a problem with the part in this agreement that addresses funding to the Human Services Coalition. She stated that by the City not funding the Human Services Coalition, it will no longer be a coalition. Ms. Mink stated that people in the Coalition consider the service agencies as the coalition rather than the funding sources. Mr. Todd, stated that he believes the City of Ithaca is trying to force the County to go along with this agreement and if the Ways and Means Committee of the Assembly are willing to give preemptive rights, then the towns could have come to the County with the same thing. Mr. Winch stated that he believes there needs to be more negotiating and more intermunicipal cooperation and believes areas should not be limited to youth development and human services. Mr. Proto stated that he is disappointed at the stress this issue has caused and feels it is unfortunate that the City is in such a financial situation that they need this. Mr. Proto expressed concern for giving the City this amount of money without anything to show for it. Mr. Watros stated that as a member of the negotiating team, he spent a lot of time with City officials and negotiated in the best interest of Tompkins County. He stated that the City Common Council agreed to reduce their original request of $960,000 to $825,000. Mr. Watros expressed concern over the sunset clause and stated the County may have to negotiate again. Mr. Watros expressed concern for the equity issue with the towns. He stated that being proposed by preemptive rights is that an additional $1 million of the additional one cent sales tax revenue go to the City. He stated that there has been no discussion at this point to cut in towns for their equal share. He stated that it might be appropriate when you look at the economics, to say that the towns have been done a disservice by the proposed negotiated settlement. He stated that he feels it is in the best interest of the public for discussion on the consolidation of services to continue. Mr. Mason expressed concern for residents of towns and villages paying more for certain services than City residents. It was Moved by Mr. Winch, seconded by Mr. Evans, and unanimously adopted by voice vote, to Table this resolution until all arguments have been heard on the proposed sales tax resolutions. RESOLUTION NO. 88 - AMENDMENT OF RESOLUTION NO. 359 OF 1992 - REQUEST FOR AUTHORIZATION TO INCREASE LOCAL SALES TAX (POSTPONED — CONSIDERED MUTE) Moved by Mr. Watros, seconded by Mrs. Call. Chairman Watros said that this resolution shares with the towns and raises property taxes twenty percent. Discussion followed at length concerning the handout provided by Mr. Heyman, County Administrator, which describes the outlook for a property tax increase in 1994. According to Mr. Heyman, in 1994 a property tax increase of approximately seven percent is expected. If the Board chooses to adopt the proposed agreement with the City of Ithaca, the property tax increase would be approximately 13-14 percent. If the Board were to choose to share the proposed additional amount with the towns, the property tax increase would be approximately twenty percent. It was Moved by Mrs. Schuler, seconded by Mr. Stein, and unanimously adopted by voice vote, to Table this resolution until all arguments have been heard on the proposed sales tax resolutions. RESOLVED, That Resolution No. 359 of 1992 be amended as follows: the figure: "75 percent" is amended to read 50 percent; the figure "25 percent" is amended to read 50 percent. 80 March 16, 1993 RESOLVED, further, That this Board commits itself to continue to work with representatives of the City of Ithaca toward consolidation of service delivery in manner that benefits all the residents of Tompkins County. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) It was Moved by Mr. Stein, seconded by Mrs. Schuler, and unanimously adopted by voice vote, to lift from the Table the following resolution. A roll call vote resulted as follows on the resolution: Ayes - 8 (Representatives Culligan, Joseph, Lerner, Livesay, Mink, Schuler, Shurtleff and Stein); Noes - 7 (Representatives Call, Evans, Mason, Proto, Todd, Winch and Watros). Resolution Adopted. RESOLUTION NO. 87 - AUTHORIZATION TO EXECUTE AGREEMENT WITH CITY OF ITHACA - SALES TAX DISTRIBUTION WHEREAS, the City of Ithaca is a part of Tompkins County and persons owning real property situate in the City of Ithaca pay not only City taxes to the City, but also pay County taxes to the County, and WHEREAS, the City also provides certain services which benefit not only City residents, but also benefit residents of the County who reside outside the City limits, including but not limited to transit services, police protection, roads and bridges, parks and recreation, etc,. and WHEREAS, the City also provides certain services, including but not limited to transit, roads and bridges, criminal prosecution, youth development and recreation mainstreaming services, etc. which are paid for out of the city's general funds, while similar services provided in the towns and villages in Tompkins county are paid wholly or partially for out of the County general funds to which City residents contribute, and WHEREAS, the County wishes to obtain the City's support for proposed New York State legislation which would authorize the County to charge up to a total sales tax of four percent, in addition to the four percent which is imposed by the State of New York, which legislation would specifically provide with respect to that portion of the final one percent which is generated from sales occurring within the City of Ithaca, that it would be divided between the City and County with the City's receiving 25 percent of that one percent and the County's receiving 75 percent of that one percent, and WHEREAS, based on adjusted sales tax reports for 1992 as provided by the New York State Division of Taxation and Finance, and assuming continued inflation in the amount of three percent per year, it is estimated by the City of Ithaca that the difference between the City's receiving 50 percent of that one percent and receiving 25 percent of that one percent exceeds $975,000 for the calendar year 1994, and WHEREAS, the City believes it should receive 50 percent of the additional one percent sales tax in order to be able to meet its responsibilities without imposing undue adverse property tax impacts on the property owners in the City, and WHEREAS, the City wishes to further the spirit of cooperation between the City and the County, now therefore be it RESOLVED, That the Chairman of the Board is hereby authorized to enter into an agreement with the City of Ithaca regarding the City's support for proposed legislation authorizing the County to charge an additional one percent sales tax for a total sales tax of four percent in addition to the four percent imposed by the State of New York, with that portion to be divided between the County and the City so that the City receives 25 percent of that one percent and the County receives 75 percent of that one percent, RESOLVED, further, That the City of Ithaca's support of such legislation is provided in consideration of the County of Tompkins' agreement to provide payment of certain sums to the City of Ithaca for services which the City provides, as outlined in said agreement, such sum to total $825,000 in 1994 and to be adjusted in subsequent years for inflation. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) 81 March 16, 1993 RESOLUTION NO. 89 - RESOLUTION OF APPRECIATION - DEBORAH F. DIETRICH Moved by Mrs. Livesay and unanimously seconded and adopted by voice vote. WHEREAS, the Honorable Deborah F. Dietrich was elected to serve as a member of the Board of Representatives with a term commencing January 1, 1986, and WHEREAS, during her tenure as a member of this Board, Mrs. Dietrich displayed leadership and commitment in her role as Chairman of the Planning Committee from 1991 to the present, and WHEREAS, Mrs. Dietrich also served as a dedicated member on the Health Committee, Human Services Committee, Public Safety and Corrections Committee, Construction Management Committee, Planning and Economic Development Committee, Public Works and Construction Management Committee and Budget and Administration Committee, and WHEREAS, Mrs. Dietrich also actively served on the following special committees: Management Compensation, Mental Health Facility Planning, Reapportionment and Article 18 Task Force, and was liaison to several advisory boards, and WHEREAS, she was a member of the Tompkins County Area Development and the Industrial Development Agency, and WHEREAS, while a member of this Board, she served on the staff of the Speaker of the New York State Assembly and was in a unique position to serve both the Speaker and county governments by her understanding of the roles and needs of each, and WHEREAS, Mrs. Dietrich distinguished herself and Tompkins County by being elected President Elect of the New York State Association of Counties, now therefore be it RESOLVED, That the Tompkins County Board of Representatives appreciates Deborah F. Dietrich for her service to Tompkins County and wishes her well as she serves yet another level of government as a member of the staff of our new Congressman and in all other endeavors she may pursue in future years. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) Chairman Watros announced the following appointments: Tompkins County Area Development - annual appointment Stuart Stein - Tompkins County representative Local Advisory Board of Assessment Review - annual appointment Tim J. Joseph - Town of Ithaca representative Chairman Watros also announced the following 1993 reassignments of standing committees: Human Services Committee Tim J. Joseph Planning Committee Tim J. Joseph Public Safety Committee Tim J. Joseph On motion of the appropriate committee chairmen and duly seconded and unanimously adopted by voice vote, the following appointments were made to various advisory boards: 82 March 16, 1993 Environmental Management Council Term expires December 31, 1993 Susan Hajda Brock - At -large representative Criminal Justice Advisory/Alternatives to Incarceration Board Term expires December 31, 1993 Marilyn Ray - At -large representative Soil and Water Conservation District Term expires December 31, 1994 Raymond Aasen - Farm Bureau representative Advisory Board on Tourism Development Term expires December 31, 1993 Jill Hartz - Arts Organization representative On motion the meeting adjourned at 8:48 p.m. 83 March 30, 1993 Special Board Meeting Chairman Watros called the meeting to order at 5:30 p.m. Members and guests participated in the Pledge of Allegiance. Present: 12 Representatives. Excused: 3 (Representatives Call, Culligan and Todd and Representative Schuler was excused at 6:36 p.m.). Chairman Watros stated the purpose of the meeting was to discuss and take action on solid waste issues. Under privilege of the floor, Ed Cope, Town of Caroline and Solid Waste Management Advisory Committee (SWAC) Chair, said he had personal comments and that a member from SWAC will speak as the representative of that group. He stated his opposition to the resolution on the agenda concerning DR - 7 abandonment. He felt the County should keep communications open with the Department of Environmental Conservation (DEC) concerning the permit until the site becomes economically feasible. Under privilege of the floor, Dooley Kiefer, representative of Solid Waste Management Advisory Committee (SWAC), stated the committee's opinions on the following resolutions: supports proceeding with the development of the Central Processing Facility project; supports proposed decision to continue out -of -county disposal in the near term and to abandon the development of the DR -7 site; supports the steps to improve the hauler collection process and recommends the development of contingency plans as an alternate and that county -level hauler franchising be explored as an option; and supports the goals of the solid waste financing resolution, however, would recommend that the intentions of financing the solid waste management program, a statement of the need for equitable treatment of and clear economic cues for potential users of the solid waste management program's services, and a statement of revenue sources being explored and the desirability of relating funding sources to the specific waste services to be funded be included. She also urged the Board to approve a resolution concerning the County's intentions to remove hazardous materials from the waste stream which SWAC approved. Under privilege of the floor, Ernest Bury, Valley Road, said there are many ways the County can manage solid waste. There is no state mandate that says the County needs to be so involved in solid waste. He spoke about United States Court of Appeals, Eighth Circuit, overturning flow control and also spoke in opposition to proceeding with the Central Processing Facility project. Under privilege of the floor, Amari Meader, Town of Dryden, spoke in support of the resolution to abandon the DR -7 site and thanked the Board for observing citizens rights and keeping the door open. Under privilege of the floor, Herb Engman, Town of Danby and Environmental Management Council Chair, said economics may change and feels the County should get another landfill site. He believes people have a right to know where a landfill may be sited. Under privilege of the floor, Nancy Ten Kate, Town of Dryden, said that if DR -7 continues to be a prospective site then the property protection program would have to stay in affect which costs money. She also thanked the Board for listening and spoke in support of the resolution to abandon DR -7. Under privilege of the floor, Noel Desch, Chair of Chamber of Commerce County Affairs Committee, thanked the Board for inviting the Chamber and opportunity to participate in the process and making information available. He asked the Board to table the resolution to proceed with the Central Processing Facility (CPF) and to look at short-term and long-term options. The following are three specific questions concerning the CPF project: 1. Why spend 150 per square foot for the facility? 2. Why is County planning to pay $250,000 in taxes for the facility? 84 March 30, 1993 3. Why pay the landscaping for 12 acres of land? Under privilege of the floor, Dan Collins, Chamber of Commerce, said the County Affairs Committee is not comfortable with the direction the County is taken with the Central Processing Facility (CPF) project. The Committee feels that advanced technology will change, i.e. fly ash, and believes there are interim steps that could be taken. Under privilege of the floor, Scott Craver, County Affairs Committee member, stated that the decision to move forward with the Central Processing Facility should hinge on its ability to decrease the cost of the County's recycling program. He stated that he has reviewed the tables regarding the tonnage of recyclables that were prepared by the County and believes more studies need to be done. Under privilege of the floor, Thomas Bonn, 131 1/2 Cambridge Place and member of Citizens Advisory Committee and former resident of Etna, felt it would be unfair to the neighbors and residents in that area if DR -7 continued to be a potential site. He spoke in support of the resolution to abandon DR -7. Chairman Watros stated that at this point in the meeting he would turn the meeting over to Mr. Lerner, Chairman, Solid Waste and Resource Management Committee, and that comments from the public would only be allowed from Mr. Noel Desch, Chairman of the Chamber of Commerce's County Affairs Committee. Mr. Lerner stated that it has been three months since his Chairmanship of the Solid Waste and Resource Management Committee began and stated that there has been a lot of time and work with preparing reports and developing information for this meeting. He thanked Board members, the Chamber of Commerce, members of Solid Waste Advisory Committees and staff. Mr. Lerner asked Assistant County Attorney, Jonathan Wood, to address the impact of flow control legislation being overturned by Federal courts in the State of Mississippi. Mr. Wood stated that the decision is not binding in New York State. The second Court of Appeals which is the Federal Court and would bind New York State has never addressed that issue. At the moment the vast majority of State courts have upheld this law. Mr. Wood stated that at some time the law may go to the Supreme Courts but stated that the effect of that is somewhat overstated. He stated that if the law were overturned it would not mean that Tompkins County should not build a central processing facility; it would mean that the County would have to find other means of financing at least in part by another way. At the moment Tompkins County does not face that issue because flow control is currently legal in New York State and if a time came when flow control became illegal, the County would at that time reevaluate how it finances its facilities. Mr. Wood stated that if the flow control law were overturned it does not mean that it would make any County facility useless. Mrs. Eckstrom stated that she is confident at this point in time that there is compliance with Flow Control in Tompkins County. On motion of the appropriate committee chairman and duly seconded and unanimously adopted by voice vote by members present, the following resolution was added to the agenda: Reaffirmation of Intent to Continue Toward Elimination of Household Hazardous Waste from the Waste Stream Chairman Watros gave the appropriate committee chairman permission to withdraw from the agenda the following resolution with final committee action being affirmed: CA33b-93 - Authorization to Execute a Six Month Contract Extension with Superior Disposal, Inc. for the Transfer and Hauling of Recyclable Materials 85 March 30, 1993 RESOLUTION NO. 90 RECYCLING AND SOLID WASTE CENTER - ACCEPTING PROJECT JUSTIFICATION, CONSTITUTING A NEGOTIATING TEAM AND AUTHORIZING THE CONCLUSION OF NEGOTIATIONS Moved by Mr. Lerner, seconded by Mrs. Livesay. Mr. Lerner referred Board members and public to page four of the report entitled The Purpose and Features of the Tompkins County Recycling and Solid Waste Center. Mr. Lerner explained that the intention of the central processing facility is to end up with a solid waste program that costs less each year than it would without the facility. The purpose of the Facility is to bring the County's costs down. Mr. Lerner discussed how costs were itemized (see page four of report) and showed the total annual savings of the project. Following discussion, Mr. Lerner stated in response to the Chamber of Commerce's question concerning sales tax, that the Facility will be a privatized operation and would be subject to property tax including County tax. Mr. Heyman noted that the bonds for the project could be tax exempt. Mr. Lerner stated that it is estimated that in 1995 having the Facility operating will mean that the County's solid waste budget will be approximately $150,000 less than it would be under the current plan. He stated that by moving forward with this project he sees a Facility that makes the County's solid waste program much more stable, flexible and adaptable to changing circumstances. Representative Schuler was excused from the meeting at this time. Mr. Lerner introduced Mr. John Kowalchak, Director of the Division of Solid Waste for Broome County who thanked the Board for inviting him. Mr. Kowalchak responded to questions raised by members of the Board and stated that although Broome County was used in a comparison with Tompkins County by the Chamber of Commerce, Broome County is very different. He stated that there is a great difference in the counties of demographics, public policies in solid waste management, economic conditions, social attitudes and politics. Mrs. Eckstrom asked Mr. Kowalchak questions which evolved from a meeting between Chairman Watros and the County Affairs Committee on March 29, 1993. She asked Mr. Kowalchak to answer why Broome County's cost of landfill closure is listed as $2,807,000 yet their budget reflects $800,000. Mr. Kowalchak stated that this figure includes a set aside; in 1989 Broome County developed an enterprise fund which had incorporated to it funds for both closure and long term maintenance which are within 35 percent. Therefore, this amount includes a set aside amount. Mr. Kowalchak stated the $1.1 million cost for Broome County's recycling facility does not include debt calculations and he also stated that this is not a waste transfer facility or drop off- center. Discussion followed concerning trends and what the market trends are expected to be for recyclables. A roll call vote resulted as follows: Ayes - 9, Noes - 2 (Representatives Proto and Shurtleff), Excused - 4 (Representatives Call, Culligan, Schuler and Todd). Adopted. WHEREAS, the Tompkins County Board of Representatives by Resolution No. 505 dated December 17, 1991, authorized the publication of a final Request for Proposals ("RFP") for the design, construction, acceptance testing and operation of the Tompkins County Recycling and Solid Waste Center ("Facility"), formerly the Central Processing Facility, and accepted findings related to the substantive elements of comments received in the relation to the draft RFP in connection therewith, and WHEREAS, the Board of Representatives by Resolution No. 348 dated October 20, 1992 accepted the recommendation of the Evaluation Team to designate as preferred proposers for negotiations CRlnc. and Resource Recycling Technologies (RRT), authorized the issuance of an amended Request for Proposals to said proposers reflecting cost saving measures requested by the Board and authorized and directed the Evaluation Team to continue to negotiate with either of said proposers, now therefore be it RESOLVED, on recommendation of the Solid Waste and Resource Management Committee, That the Board of Representatives reaffirms and accepts the Facility Justification Report prepared by the Solid 86 March 30, 1993 Waste Manager and desires to conclude the procurement process as promptly as possible, and declares the continued procurement and development of the Facility to be in the public interest, RESOLVED, further, That the Board of Representatives reaffirms its agreement with the City of Ithaca as stated in Resolution No. 77 dated February 19, 1991, RESOLVED, further, That the Board of Representatives reaffirms its goals to minimize the long term cost of solid waste handling through: a) maximum flexibility for disposal, recycling and reuse, b) minimum cost of facility development, c) maximum recycling and reuse revenue, d) optimum balance between public and private participation RESOLVED, further, That the Board of Representatives hereby authorizes the Chair of the Board of Representatives to appoint a final negotiating Committee and negotiators, RESOLVED, further, That the Negotiating Team be authorized and directed to conclude negotiations with CRInc. and Resource Recycling Technologies, Inc. (RRT), taking into account cost saving measures previously requested by this Board of Representatives and as set forth in its Resolution No. 348, dated October 20, 1992 subject to a) the requirements of the State Environmental Quality Review Act, and b) the need, if any, to modify or amend the existing Part 360 permits for the Facility issued by the Department o -f Environmental Conservation, all of which conditions may be specified as conditions precedent to the County's obligation to perform under the Service Agreement. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 91 - ABANDONMENT OF THE TOMPKINS COUNTY PROPOSED LANDFILL SITE: DR -7 Moved by Mr. Evans, seconded by Mr. Lerner. Mr. Lerner addressed this resolution stating that the County has spent countless hours and dollars and it is not by any means a trivial decision to reverse course like this. He stated that a great deal of the controversy over Tompkins County building a landfill has revolved around the site itself and whether DR - 7 is a viable site. He stated that after all this time the Committee's main reason for adopting this resolution does not reflect feelings about the site but rather in the past several years the market for waste disposal, particularly the market for landfilling has changed significantly. In 1986 there was a severe shortage of landfill space in New York State and relatively recently imposed regulations by the Department of Environmental Conservation (DEC) that severely constrained the operation of old-style landfills. These constraints rapidly caused old-style landfills to go out of business in the following years. In 1986 it was not possible to predict what the situation was going to be several years down the line. The County has learned several things since that time: building landfills that comply with DEC regulations are a tremendously expensive proposition, there are tremendous economies of scale to be achieved by building big landfills, and that if a County is most concerned with their per ton cost for waste disposal, these costs would be a lot lower if capital costs are spread over far more tons than Tompkins County produces. Therefore, when Tompkins County made a commitment in 1987 to build a landfill that would take waste from only one County and a landfill that would only operate for twenty years a limitation was put on the amount of waste that landfill was going to take. It is now more economical for Tompkins County to take waste where the per ton cost of disposal is lower even taking into consideration the cost of transportation. Mr. Mason stated that he feels adoption of the proposed resolution has been a long time coming, however disagrees with the wording in the last RESOLVED. He believes the wording is unfair and would pose as a threat to everyone else in Tompkins County. Mr. Proto stated that the Board may abandon this site now and a future Board may reverse this decision in the future. 87 March 30, 1993 It was Moved by Mr. Mason, seconded by Mr. Proto, to amend the resolution adding a final Resolved as follows: "RESOLVED, further, That Tompkins County hereby abandons in -County landfilling and the staff is directed to continue scrutinizing other landfill options in the County". Mrs. Eckstrom explained that the DEC would not approve Tompkins County's Solid Waste Management Plan if the County abandoned the possibility of looking for a landfill site in this County. They want the County to generally look for in -county landfilling, they find it unacceptable for a county to say that they are not going to put a landfill in their County. There was discussion by members of the Board concerning revisiting this resolution if circumstances were to change at some point in the future. It was the consensus of the Board that this issue could be reconsidered in the future if a Board chose to. Chairman Watros gave Mr. Mason permission to withdraw the above -stated amendment and Mr. Proto to withdraw his second. Mr. Lerner stated that it is not cost effective in 1993 for the Board to choose to build a landfill in Tompkins County, however, in 1987 it would have been impossible for a Board to predict good bid price in 1993 and any responsible Board member in 1987 should have voted for Tompkins County to have a landfill. He stated that no action being taken this evening should be taken as a criticism for what the Board did in 1987 with regard to planning to build a landfill. Mr. Winch thanked the public for their comments. Mr. Winch stated that he believes in economies of scale and because there are large landfills that are available to take our trash and thinks that it will be economically sound to contract with those landfills. He stated that he doesn't foresee Tompkins County ever finding a several thousand acre site to construct a large landfill that will support this County as well as other counties. Mr. Winch offered concern for future liability of the County if there were to be a major disaster to occur in a landfill that Tompkins County delivers to. A voice vote resulted as follows: Ayes - 11, Noes - 0, Excused -4 (Representatives Call, Culligan, Schuler and Todd). Adopted. WHEREAS, Resolution No. 334 of December 7, 1987, selected the landfill site known as DR -7 in the Town of Dryden, which DR -7 is the subject of an application for a permit to construct a sanitary landfill pending before the New York State Depaitment of Environmental Conservation (NYSDEC), and WHEREAS, the existence of federally protected wetlands required site facilities to be reconfigured and required a supplemental Final Environmental Impact Statement (FEIS) to be prepared and submitted, and WHEREAS, such reconfiguration of facilities at the site would increase the cost of constructing and operating a landfill at DR -7 when compared to other solid waste disposal alternatives, and WHEREAS, the County is holding the Neighborhood Protection Program in abeyance pending the final decision on the disposal method, thus removing the protection without the elimination of the perceived risks of the development of DR -7, and WHEREAS, the Administrative Law Judge presiding over the Tompkins County permit hearings has recently requested a comprehensive update on the status of the County's application which has been held in abeyance, and WHEREAS, the County has experienced great success in its recycling programs, resulting in significant reductions in the size of the waste stream and reducing the amount of solid waste to be disposed of, and WHEREAS, the County Board's commitment to limit the life of a landfill at the DR -7 site to 20 years reduces its economic viability. Recently constructed landfills are having serious financial problems paying their operating expenses due to the decreased waste stream and the existence of excess landfill capacity statewide, and WHEREAS, excess landfill capacity exists at this time both in New York State and regionally, and waste disposal by Tompkins County can make use of the excess capacity in an environmentally responsible manner and at a reasonable cost to County users, now therefore be it RESOLVED, by the Tompkins County Board of Representatives as follows That: 88 March 30, 1993 1. The present application for a permit to construct a landfill at the DR -7 site be withdrawn from further consideration by the New York State Department of Environmental Conservation. 2. The County terminate any further plans to site, construct, or operate any Solid Waste Management facility on the DR -7 site in the Town of Dryden. 3. County staff be directed to revise the County's Draft Solid Waste Management Plan to reflect this change from County landfilling at the DR -7 landfill site to more economical alternatives for disposal. 4. The DR -7 Property Value Protection component of the Neighborhood Protection Program be terminated immediately. 5. The Citizens Advisory Committee for the landfill at the DR -7 site be disbanded, at a date chosen by that committee, with our thanks and appreciation. 6. All other activities related to DR -7 be completed and a final financial report be issued by June 29, 1993. RESOLVED, further, That the Capital Budget be amended to reflect this resolution, RESOLVED, further, That Tompkins County is not abandoning in -county landfilling or any other waste disposal option and the staff is directed to continue scrutinizing disposal options for the County. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 92 - AUTHORIZING THE PREPARATION OF PLAN AND SCHEDULE FOR TRANSPORTATION AND DISPOSAL OF SOLID WASTE Moved by Mr. Lerner, seconded by Mr. Evans. Mr. Lerner said that this resolution basically states that if Tompkins County is not building a landfill to dispose of its garbage, the County needs to develop a procurement process for disposal sites and this allows the Solid Waste Division to move forward in the bid process. A voice vote resulted as follows: Ayes - 11, Noes - 0, Excused - 4 (Representatives Call, Culligan, Schuler and Todd). Adopted. WHEREAS, Tompkins County is a "Planning Unit" pursuant to Section 27-0107 of the Environmental Conservation Law and is responsible for planning for the disposal of solid waste generated in the County, and WHEREAS, the County currently has contracts with Waste Management of New York, Inc. for the transportation and disposal of its solid waste at the Modern Trash Removal of York, Inc. Landfill in York, Pennsylvania, and WHEREAS, these contracts with Waste Management of New York, Inc. terminate on October 31, 1993, unless extended by the County for a six month period, and WHEREAS, the County has terminated plans to site a landfill at DR -7 in Dryden, now therefore be it RESOLVED, on recommendation of the Solid Waste and Resource Management Committee, That the Solid Waste Manager is directed to prepare a plan and schedule by June 29, 1993 for a procurement process for long-term transportation and disposal of solid waste. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) Chairman Watros declared recess from 7:52 to 8:00 p.m. RESOLUTION NO. 93 - REGULATING WASTE COLLECTION Moved by Mr. Lerner, seconded by Mr. Evans. Mr. Lerner stated that Tompkins County has had major problems with trash collection in Tompkins County and the intent of this resolution is to solve the problem and close loopholes the County has been experiencing in the trash collection area. He believes this will address and solve those problems. A voice vote resulted as follows: Ayes 11, Noes - 0, Excused - 4 (Representatives Call, Culligan, Schuler and Todd). Adopted. 89 March 30, 1993 WHEREAS, Resolution No. 15 of January 12, 1993 called for "a report and a plan that would determine all the steps necessary to insure sufficient County control over all refuse hauling not provided by municipalities, to guarantee the revenues and overall integrity of the Tompkins County Solid Waste Management program" by March 31, 1993, and WHEREAS, some private trash haulers violated the county's flow control law and illegally deprived the county of revenues, and WHEREAS, inadequate flow control enforcement is unfair to haulers who respect the law, and to county residents, and WHEREAS, flow control enforcement mechanisms already include investigation, criminal penalties, license suspension and in some cases consent orders, and WHEREAS, county record keeping and billing procedures for the disposal fee need to be substantially enhanced by a software upgrade and integration of data bases, and WHEREAS, some haulers failed to pay transfer station bills, or failed to pay promptly, and WHEREAS, consumers in some municipalities pay far more for trash collection services than in other municipalities, and WHEREAS, buying sheets of 6 or 12 trashtags at once is a hardship for many county residents, and WHEREAS, some residents have been denied refunds on previous year's trashtags, and WHEREAS, the Board of Representatives intends to make every reasonable effort to preserve free enterprise in trash collection, now therefore be it RESOLVED, on recommendation of the Solid Waste and Resource Management Committee, That the Solid Waste Manager and County Attorney shall (by June 29, 1993) prepare a budget and recommendation on how best to improve enforcement of the flow control law, and to satisfy the board that the law is being consistently complied with, RESOLVED, further, That the County Comptroller and the Solid Waste Manager shall (by June 29, 1993) recommend a plan for requiring pre -payment or security for use of transfer station services according to the following guidelines: a) Present arrangements shall continue unchanged for Tompkins County municipalities. b) All other permitted or licensed haulers delivering material to the transfer station must either pay before tipping or provide adequate security (e.g. a bond, letter of credit or security deposit to guarantee payment). The County shall not offer unsecured credit to any private hauler. c) Adequate notice will be given to the public and to regular users of the transfer station before changes in payment requirements are implemented. RESOLVED, further, That the Solid Waste Manager and the County Comptroller shall (by June 29, 1993) recommend a plan on how to integrate transfer station record keeping and billing in order to improve efficiency and to accommodate the above recommendations, RESOLVED, further, That the County Attorney and the Solid Waste Manager shall (by June 29, 1993) prepare a recommendation on how to revise and improve the County's trashtag law (Local Law No. 10 of 1990). The proposed revisions shall include the requirement that single trashtags be sold to the public on request at least one location, the requirement that residents be permitted to claim a refund from the hauler on any trashtag until 90 days after its expiration date, and any other needed changes in the 1-aw, RESOLVED, further, That the Solid Waste Manager shall (by June 29, 1993) prepare a report comparing the arrangements made by municipalities for residential trash collection, and their effects on the costs to residents. The report shall highlight the fact that County residents pay less for trash collection in municipalities that put trash collection out for bid. The County shall encourage all towns and villages to reduce collection costs through private sector bidding or other methods. The report shall be distributed to all municipal governments with an offer of Solid Waste Division staff advice to any municipal government that wishes to explore reducing trash collection costs for their residents. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) 90 March 30, 1993 RESOLUTION NO. 94 - THANKING THE CHAMBER OF COMMERCE FOR ITS REPORT ON PRIVATIZATION AND ACCEPTING THE SOLID WASTE AND RESOURCE MANAGEMENT COMMITTEE'S REPORT ON PRIVATIZATION Moved by Mr. Lerner, seconded by Mr. Proto. Mr. Lerner referred the Chamber of Commerce's report and stated that many of the items suggested in the report are already being done. He also referred to a chart incorporated into the report comparing solid waste costs with several counties and stated that this was published in today's edition of the Ithaca Journal. He stated that at the present time Tompkins County is doing about average or somewhat better than other New York State counties and believes that in five years Tompkins County will be in a much better situation once the central processing facility and composting facility is on line. Chairman Watros thanked the Chamber of Commerce for devoting a lot of time to this issue. A short roll call vote resulted as follows: Ayes - 11, Noes - 0, Excused - 4 (Representatives Call, Culligan, Schuler and Todd). Adopted. WHEREAS, Resolution No. 408 of 1992 authorized the Chair of the Board to ask the Chamber of Commerce for advice on privatization options in the county solid waste program, and WHEREAS, Chair Watros' letter of December 12, 1992 asked for that advice, and WHEREAS, the Chamber of Commerce's County Affairs Committee presented its recommendations of February 11, 1993, in a report entitled "A Chamber of Commerce Report on Private Sector Alternatives for Solid Waste Management", and WHEREAS, the County Solid Waste and Resource Management Committee has prepared a report of privatization options, taking into account and responding to the Chamber's recommendations, now therefore be it RESOLVED, on recommendation of the Solid Waste and Resource Management Committee, That the Board of Representatives expresses its sincere thanks to the Chamber of Commerce, and to the members of the County Affairs Committee, RESOLVED, further, That the Board of Representatives accepts the Solid Waste and Resource Management Committee's report, RESOLVED, further, That the Solid Waste Manager is directed to proceed with implementing the recommendations in the Solid Waste and Resource Management Committee's report, and to report to the Board on progress by June 29, 1993. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) Stable RECOMMENDED CRITERIA FOR SOLID WASTE FINANCE SYSTEM Balances budget for foreseeable future Stable revenue source for fixed costs Tonnage based revenue for tonnage based costs Multiple revenue streams Predictable costs for public Readily adaptable to changing circumstances Protects Environment Low incentive to dump or burn illegally High incentive to recycle High incentive to reduce and reuse Fair Lower costs for those least able to pay Lower costs for those who use system least Public perception of fairness 91 March 30, 1993 Tax exempt entities pay fair share Easy to implement Low start up costs Low fee collection costs Easy to understand - little public education required Convenient to public Easy to enforce Difficult for haulers to cheat Difficult for public to cheat Low incentive to cheat Low costs Reduce expenses wherever possible Maximize revenue from grants Costs to public income tax deductible No sales tax on fee payment RESOLUTION NO. 95 - ESTABLISHING CRITERIA FOR SOLID WASTE FINANCE Moved by Mr. Lerner, seconded by Ms. Mink. Mr. Lerner stated that the point of asking the Board to adopt this resolution is to try to get the Board and the public to understand the complexities of the issues the County is facing. He said the County for many years has paid the cost of solid waste through the property tax and that meant that the tax exempt entities did not pay and that there were many drawbacks. The Board then began to fund through the tipping fee as an incentive to recycle and reduce and unfortunately found out that it was an incentive to illegally dump solid waste. The County found that when the tipping fee began to run high the County experienced problems with the public and the haulers. In 1992 the Board explored options of financing solid waste that avoided the property tax and disposal fee, thus, adopted the Solid Waste Annual Fee. The County has heard from the public that this is an unpopular fee that is unfair. Mr. Lerner stated that he cannot promise the Annual Fee will be eliminated in 1994 but hopes that another method of charging for solid waste will be found that is as fair as possible to everyone. Mr. Stein expressed appreciation on behalf of the Board to all advisory groups, staff and public for all their input and work on solid waste matters. A voice vote resulted as follows: Ayes - 11, Noes - 0, Excused - 4 (Representatives Call, Culligan, Schuler and Todd). Adopted. WHEREAS, the Tompkins County Board of Representatives wishes to establish a funding plan for the county's solid waste program that will meet the needs of County residents for years to come, and WHEREAS, the Board is grateful for and wishes to continue the important work begun by the Finance Subcommittee of the Solid Waste Advisory Committee, and WHEREAS, the Board recognizes that every tax or fee has advantages and drawbacks, and WHEREAS, the Board recognizes that many conflicting considerations must be taken into account to develop a balanced plan, now therefore be it RESOLVED, on recommendation of the Solid Waste and Resource Management Committee, That the plan should combine multiple revenue streams to maximize the following criteria: The financing plan must be stable, environmentally benign, fair, easy to understand, easy to implement, easy to enforce, and with costs as low as possible (detailed criteria list attached), RESOLVED, further, that the Ad Hoc Solid Waste Finance Committee is directed to develop a plan to fund the County solid waste program for at least five years, beginning with the 1994 County budget, 92 March 30, 1993 RESOLVED, further, That current realities and future trends be recognized and incorporated into the financing plan, so that it is a flexible one that requires minimal adjustment. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 96 - REAFFIRMATION OF INTENT TO CONTINUE TOWARD ELIMINATION OF HOUSEHOLD HAZARDOUS WASTE FROM THE WASTE STREAM Moved by Mr. Lerner, seconded by Mr. Evans, and unanimously adopted by voice vote by members present. WHEREAS, the existence of toxic or hazardous materials in the solid waste stream poses a potential danger to the workers who collect, haul, and/or sort trash, and WHEREAS, such materials also constitute a threat to the environment, and WHEREAS, such materials, if burned, contribute to air pollution, and if landfilled, make the leachate dangerous, and WHEREAS, any landfill may eventually leak, and WHEREAS, eliminating from the waste stream as many environmentally harmful items as possible makes our waste more marketable and any landfill safer, and WHEREAS, it is possible to separate such materials at the source of generation and/or at a transfer station or processing facility, and WHEREAS, full provision has not yet been made in the Solid Waste Program for disposal of household hazardous waste, now therefore be it RESOLVED, on recommendation of the Solid Waste and Resource Management Committee, That Tompkins County reaffirms its intent to continue to work toward elimination of household hazardous waste and other toxic and hazardous materials from its waste stream. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) On motion of the appropriate committee chairman and duly seconded and unanimously adopted by voice vote by members present, the following appointments were made to various advisory boards: Hillview Road Landfill Citizens Advisory Committee Term expires December 31, 1993 Beverly E. Livesay - County Board member Term expires December 31, 1995 Frank P. Proto - Town of Danby representative Chairman Watros appointed the following Central Processing Facility Negotiating Committee: Eric Lerner, Chairman Beverly Livesay Daniel Winch Thomas Todd Stuart Stein Scott Heyman William Mobbs Barbara Eckstrom Chairman Watros arranged that the following four members of the Central Processing Facility Negotiating Committee meet with the vendors at the table to discuss the terms and conditions of contracts: Beverly Livesay Daniel Winch Scott Heyman Barbara Eckstrom 93 March 30, 1993 Chairman Watros declared recess from 8:42 to 8:48 p.m. It was Moved by Mr. Lerner, seconded by Mrs. Livesay, and unanimously adopted by voice vote by members present, to enter into an executive session at 8:48 p.m. to discuss contractual negotiations. The meeting returned to open session at 8:57 p.m. On motion, the meeting adjourned at 8:57 p.m. 94 April 6, 1993 Regular Meeting Public Hearing Chairman Watros called the public hearing to order at 5:30 p.m. concerning the Issuance of Serial Bonds by the County of Tompkins, New York to Pay the Cost of Various Improvements at the Tompkins County Airport for Said County. Chairman Watros asked if anyone wished to speak? No one wished to speak and the public hearing was closed at 5:31 p.m. Members and guests participated in the Pledge of Allegiance. Present: 9 Representatives. Representative Livesay arrived at 5:34 p.m. Excused: 4 (Representatives Culligan, Schuler, Shurtleff and Todd). It was Moved by Mr. Evans, seconded by Mr. Stein, and unanimously adopted by voice vote by members present to approve the minutes of the March 16, 1993 Board meeting as submitted. Mr. Hanson, Planning Commissioner, introduced David Boyd, the new MPO Planning Director. Chairman Watros read a proclamation concerning the retirement of Marjorie Boykin, an employee of the Tompkins County Health Department. Under privilege of the floor, David Corsi, Store Manager, Wegmans, spoke in support of the proposed scanner accuracy law but in opposition to the proposed item pricing law. He said a benefit of the scanner accuracy law is it provides a faster checkout. Under privilege of the floor, Eric Lerner, Representative, District No. 1, spoke of his experience at a grocery store over the weekend. He said the computers were down and he had about $90 worth of groceries. It took approximately 30 minutes to checkout and stated that item pricing would have prevented this. Under privilege of the floor, Beverly Livesay, Representative, District No. 11, said a constituent complained to her about a product without a record of price and that the person had to locate a clerk to find the price of the product. Mr. Evans, Member, Health and Education Committee, said the committee met March 30 and reviewed Municipal Health Plan revisions pertaining to Health Department. The committee also reviewed the budget of the Job Training Program and expects $300,000 in the next fiscal year rather than the $100,000 now being received. Questions were asked about a report concerning the Job Training Program. Chairman Watros requested a report be scheduled and presented to the Board. Mr. Evans, Chairman, Personnel Committee, said the committee met April 1 and approved a number of reclassifications. Interviews for the Commissioner of Personnel have been scheduled for the week of April 26th. Ms. Mink, Chairman, Human Services Committee, said the committee will meet April 8. The committee will hear from the Human Services Coalition Director and several agency heads on shifting of funds with the County taking over. The committee will also hear a progress report concerning the building study allegedly due to the illness of several employees at Biggs A. Mr. Mason, Chairman of the Public Safety Committee, said the committee met April 1 and discussed an Alternatives to Incarceration proposal with Alcoholism Council. He said the Computer Aid 95 April 6, 1993 Dispatch system is near completion. He also spoke about a New York State Association of Counties Alert concerning state aid for Probation services. The result is a reduction from 33 percent to 18.84 percent and will be a net loss of approximately $121,000 for Tompkins County. Mr. Stein, Chairman, Planning Committee, said the committee met just before the Board meeting and approved several resolutions which are reflected on the agenda. The committee discussed contracts for services with municipalities. The committee also had discussions with staff regarding an economic stimulus package that if passed would have a positive impact on Tompkins County. He reported on the water quality and community development block grant program and stated there may be funds in those programs that Tompkins County would be eligible to receive. He attended a Community Program Grant Board meeting. These grants are being put to good use to people who need to improve living conditions. Mr. Winch, Chairman, Public Works and Construction Management Committee, said most of the committee's business is reflected on the agenda. The committee approved several Request for Proposals (RFP's) for various shops at the Airport: the gift shop, restaurant, contract for advertising within the Airport and vending machine contracts. He said the Airport Construction Committee will be meeting tomorrow at noon. He reported on the rededication ceremony for the Old Jail. He asked that the statement attached by Martha Preston, Chairperson, Ithaca Landmarks Preservation Commission, be entered into the record. Mr. Lerner, Chairman, Solid Waste and Resource Management Committee, said the committee has not met. The next meeting is April 8 at noon. Mrs. Livesay, member of SWAG (Solid Waste Advisory Group), said the committee is now accepting comments concerning the Solid Waste Management Plan. Mrs. Livesay, Intergovernmental Relations, reported on a meeting organized by her and Chairman Watros to discuss City, County sales tax agreement and implications for County municipalities. The meeting is scheduled for April 21, 1993 at 7:30 p.m. in the Old Jail Conference Room. Mrs. Call, Chairman, Budget and Administration Committee, said the committee has not met. The next meeting is April 13. The committee will be reviewing several proposed Administrative Manual Policy amendments. The committee is also looking for people interested in serving on the Solid Waste Annual Fee Appeal Board. Ms. West, Deputy County Administrator, said she did not have a report. Mr. Mulvey, County Attorney, said his written report is on file. Mr. Stein asked about the current status on ethics. Mr. Mulvey said the completed forms are now kept on file in the Board office and the deadline to file is May 15. On motion of the appropriate committee chairmen and duly seconded and adopted by voice vote by members present, the following resolutions were added to the agenda: - Award of Bid - T -Hangars - Airport - Authorization to Execute a Contract with the Alcoholism Council - To Urge the State Senate and Assembly to Restore Aid for Probation Services to 33 Percent - Authorization to Apply for Grant from New York State Council on the Arts (NYSCA) for Historic Preservation Chairman Watros gave the appropriate committee chairmen permission to withdraw from the agenda the following resolutions with final committee action being affirmed: CA034-93 - Authorization to Execute Contracts — David Meinz, M.S., R.D. and Cheri Dygert — 96 April 6, 1993 Healthy Heart Program CA035-93 - Pedestrian Bridge Over Salmon Creek in Myers CA036-93 - Route 79 Detour CA037-93 - Route 34B Detour CA038-93 - Memorandum of Understanding - Depar tment of Environmental Conservation and Highway Division CA039-93- Award of Bid - Gas for County Vehicles CA040-93 - Reclassification of Position - Senior Account Clerk to Secretary - Mental Health RESOLUTION NO. 97 - AUTHORIZATION FOR FIVE-YEAR SERVICE CONTRACTS - CHILDREN WITH SPECIAL CARE NEEDS (Amended by Resolution No. 217 of 1993) Moved by Mr. Evans, seconded by Ms. Mink, and unanimously adopted by voice vote by members present. WHEREAS, the Tompkins County Health Department is responsible for securing service ' providers for the provision of services to preschool children with handicapping conditions pursuant to Section 4410 of the New York State Education Law, and WHEREAS, the Department requests that said contracts be approved for a five year period and that an addendum will be processed as rates need to be updated, now therefore be it RESOLVED, on recommendation of the Health and Education Committee, That the County Administrator is authorized to execute five-year agreements with all service providers as identified by the Health Department. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 98 - AUTHORIZATION TO SIGN CONTRACT WITH CRAWFORD AND STEARNS, ARCHITECTS - TRUMANSBURG MAIN STREET DESIGN STUDY Moved by Mr. Stein, seconded by Mr. Mason, and unanimously adopted by voice vote by members present. WHEREAS, Tompkins County received a grant from the New York Council on the Arts to complete a Main Street Study for the Village of Trumansburg, and WHEREAS, Tompkins County had hired Crawford and Stearns, Architects, for the first year of the Study and had successfully completed the work program, and WHEREAS, Tompkins County wishes Crawford and Stearns to complete the work necessary for the grant, now therefore be it RESOLVED, on recommendation of the Planning Committee, That the County contract with Crawford and Stearns, Architects, for an amount not to exceed $5,980, for professional services necessary to complete the grant, RESOLVED, further, That the County Comptroller be authorized to pay the contract amount of account A7010.4442 (Professional Service Fees). SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 99 - CLARIFICATION OF EMPLOYMENT STATUS - POSITION OF ITHACA-TOMPKINS TRANSPORTATION COUNCIL PLANNING DIRECTOR 97 April 6, 1993 Moved by Mr. Stein, seconded by Mr. Joseph, and unanimously adopted by voice vote by members present. WHEREAS, this position was created in the management group of County employees but the Ithaca -Tompkins Transportation Council has independent authority under Federal regulations over the position, and therefore, the employment status of the position needs clarification, now therefore be it RESOLVED, on recommendation of the Planning and Personnel Committees, That the position of Ithaca -Tompkins Transportation Council Planning Director shall be entitled to the terms and conditions of employment established by this Board for management employees unless otherwise recommended by the Council and established by this Board of Representatives. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 100 - APPOINTMENT TO THE INDUSTRIAL DEVELOPMENT AGENCY Moved by Mr. Stein, seconded by Mrs. Call, and unanimously adopted by voice vote by members present. WHEREAS, Section 856 of the General Municipal Law authorized that the Board of Representatives designate the members of the Industrial Development Agency by resolution, now therefore be it RESOLVED, on recommendation of the Planning Committee, That Daniel Collins of New York State Electric and Gas be appointed to the Tompkins County Industrial Development Agency to serve at the pleasure of the Board, effective immediately, in the place and stead of Deborah F. Dietrich, RESOLVED, further, That the Clerk of the Board be and hereby is authorized and directed to file with the Secretary of State a Certificate of Appointment. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 101 - APPROVAL OF CONTRACT FOR NEW YORK CANAL SYSTEM WORK WITH SOUTHERN TIER EAST REGIONAL PLANNING DEVELOPMENT BOARD Moved by Mr. Stein, seconded by Ms. Mink, and unanimously adopted by voice vote by members present. WHEREAS, Tompkins County is part of the New York State Barge Canal System through the connection of Cayuga Lake with the Barge Canal, and WHEREAS, the State of New York has contracted with Regional Planning Boards throughout the State to provide mapping and data collection services in support of this study, and WHEREAS, the Southern Tier East Regional Planning Development Board has expressed an interest in sub -contracting this work to the Tompkins County Planning Depai tinent, now therefore be it RESOLVED, on recommendation of the Planning Committee, That the County Administrator or his designee be authorized a contract in the amount of $5,000 between the County and the Southern Tier East Regional Planning Development Board, RESOLVED, further, That the County Comptroller be authorized to deposit money received in the A8020.2770 (unclassified revenues) account. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) 98 April 6, 1993 RESOLUTION NO. 102 AUTHORIZATION TO EXECUTE A SUB -CONTRACT BETWEEN TOMPKINS COUNTY PLANNING DEPARTMENT AND DAVIDSON-PETERSON ASSOCIATES FOR WORK ON THE TOMPKINS COUNTY TOURISM STUDY Moved by Mr. Stein, seconded by Ms. Mink, and unanimously adopted by voice vote by members present. WHEREAS, the Tompkins County Advisory Board on Tourism Development selected Davidson - Peterson Associates of York, Maine to complete the Tompkins County Tourism Study, and WHEREAS, the Tompkins County Board of Representatives has approved the proposal of Davidson -Peterson Associates, and WHEREAS, as part of their proposal, Davidson -Peterson Associates wishes to sub -contract a potion of the contractual work to the Tompkins County Planning Department, and WHEREAS, the Planning Department has the technical capability to complete such work in a timely and efficient manner, now therefore be it RESOLVED, on recommendation of the Planning Committee, That the County Administrator or his designee be authorized to execute a contract in the amount of $5,000 between Tompkins County and Davidson -Peterson Associates, RESOLVED, further, That the County Comptroller be authorized to deposit funds received in Account No. A8020.2770 (unclassified revenues). SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 103 - AUTHORIZATION TO SIGN CONTRACT WITH TOWN OF ITHACA FOR PLANNING SERVICES Moved by Mr. Stein, seconded by Mrs. Livesay, and unanimously adopted by voice vote by members present. WHEREAS, the Tompkins County Planning Department has a Circuit Rider program to provide enhanced planning services for local municipalities, and WHEREAS, the Town of Ithaca has requested the assistance of the Tompkins County Planning Depai tinent to perform planning services in the areas of development review, SEQR and CAC work on behalf of the Town, and WHEREAS, the Town of Ithaca Planning Department has authorized the expenditure of funds for these services not to exceed $3,459.75 for these services, and WHEREAS, the Tompkins County Planning Depai lucent has the technical capability to provide the services listed to the Town of Ithaca in a competent and efficient manner, now therefore be it RESOLVED, on recommendation of the Planning Department, That the County Administrator or his designee be authorized to sign a contract with the Town of Ithaca not to exceed $3,459,75 for planning services, RESOLVED, further, That the County Comptroller be authorized to deposit funds received in Account No. A8020.2770 (unclassified revenues). SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 104 - SUPPORT OF ECONOMIC ADVISORY BOARD FOR NEW YORK STATE REGIONAL ECONOMIC DEVELOPMENT PARTNERSHIP PROGRAM (REDS) APPLICATION 99 April 6, 1993 Moved by Mr. Stein, seconded by Mr. Joseph, and unanimously adopted by voice vote by members present. WHEREAS, the Tompkins County Economic Advisory Board has developed Phase One of the Overall Economic Development Strategy, and WHEREAS, the database which was developed has been extremely useful to a variety of public and private actors throughout the County, and WHEREAS, Phases II and III of the strategy cannot be completed without the assistance of the New York State Department of Economic Development Regional Economic Development Partnership Program (REDS), now therefore be it RESOLVED, on recommendation of the Planning Committee, That the Tompkins County Board of Representatives supports the development of an application by Tompkins County Area Development (TCAD) to the New York State Dept tnient of Economic Development for funding of Phases II and III of the Overall Economic Development Strategy. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 105 - AUDIT OF FINAL PAYMENT - TOMPKINS COUNTY INTERIM TRANSFER FACILITY - MCPHERSON BUILDERS, INC. Moved by Mr. Winch, seconded by Mr. Mason, and unanimously adopted by voice vote by members present. RESOLVED, on recommendation of the Public Works and Construction Management Committee, That the following claim against the County of Tompkins, be and hereby is audited by the Board of Representatives: Vendor Payment Request Account No. Amount McPherson Builders, Inc. 6 (Final) HH8162.9263 $3,713.26 RESOLVED, further, That the Comptroller be and hereby is authorized and directed to pay said claim from Account No. HH8165.9239. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 106 - AUTHORIZING SUPPLEMENTARY AGREEMENT NO. 3 FOR WETLANDS DESIGN SERVICES TO COMPENSATE FOR FILLED WETLANDS IN RUNWAY EXTENSION PROJECT - TOMPKINS COUNTY AIRPORT Moved by Mr. Winch, seconded by Mrs. Call, and unanimously adopted by voice vote by members present. WHEREAS, the United States Army Corps of Engineers, in consideration of its approval to fill existing wetlands in the runway extension area, requires the County to compensate for the taking of these wetlands by creating a four -acre wetland at an approved site, and WHEREAS, under Supplementary Agreement No. 2 the wetlands Compensation Study has defined the extent of required design services necessary for this wetlands creation, and WHEREAS, the Federal Aviation Administration (FAA) has agreed that this design work should be a supplement to the existing design contract for the runway extension and that said FAA will provide the necessary funds to meet the federal share, now therefore be it RESOLVED, on recommendation of the Public Works and Construction Management and Budget and Administration Committees, That said supplementary agreement for $15,530 be approved and that the County Administrator be hereby authorized to execute said supplementary agreement with C&S 100 April 6, 1993 Engineers, Inc. subject to approval by the FAA and the New York State Department of Transportation (NYSDOT), and that the budget appropriations shall be as follows: FAA Share (90%) Account No. HX5698.4592 $13,977 NYSDOT Share (5%) Account No. HX5698.3592 776 County Share (PFC's) (5%) Account No. HX5698.5031 777 Total Account No. HX5698.9213 $15,530 RESOLVED, further, That the Comptroller be authorized to advance funds until FAA, NYSDOT and Passenger Facility Charge (PFC) reimbursement is received. SEQR ACTION: TYPE I (NEGATIVE DECLARATION ON FILE) RESOLUTION NO. 107 - PUBLIC UTILITIES EASEMENTS - AIRPORT TERMINAL PROJECT Moved by Mr. Winch, seconded by Mr. Mason, and unanimously adopted by voice vote by members present. RESOLVED, on recommendation of the Public Works and Construction Management Committee, That the County Administrator is hereby authorized to execute easements allowing New York State Electric and Gas (NYSEG), New York Telephone and Southern Cayuga Lake Intermunicipal Water Commission the right to extend and/or maintain public utilities along and/or through County property at the Airport in the Village of Lansing. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 108 - A RESOLUTION AUTHORIZING THE ISSUANCE OF $5,100,000 SERIAL BONDS OF THE COUNTY OF TOMPKINS, NEW YORK TO PAY THE COUNTY'S SHARE OF THE COST OF THE CONSTRUCTION OF IMPROVEMENTS AT THE TOMPKINS COUNTY AIRPORT (Reconsidered and Adopted 4/20/93) Moved by Mrs. Call, seconded by Mr. Mason. A short roll call vote resulted as follows: Ayes - 8 (Representatives Call, Evans, Livesay, Mason, Mink, Stein, Winch and Watros); Noes - 2 (Representatives Joseph and Lerner); Excused - 5 (Representatives Culligan, Proto, Schuler, Shurtleff and Todd). Resolution Lost. (Further research revealed the resolution required two-thirds vote pursuant to Local Finance Law; the vote was incorrectly announced at meeting.) RESOLUTION NO. 109 - A RESOLUTION AUTHORIZING THE ISSUANCE OF $363,801 SERIAL BONDS OF THE COUNTY OF TOMPKINS, NEW YORK TO PAY THE COST OF VARIOUS OBJECTS OR PURPOSES Moved by Mrs. Call, seconded by Mr. Evans. A short roll call vote resulted as follows (two-thirds required): Ayes - 10 (Representatives Call, Evans, Joseph, Lerner, Livesay, Mason, Mink, Stein, Winch and Watros); Noes — 0; Excused - 5 (Representatives Culligan, Proto, Schuler, Shurtleff and Todd). Adopted. WHEREAS, all conditions precedent to the financing of the capital projects hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed, and WHEREAS, it is now desired to authorize the financing of such capital projects, now therefore be 101 April 6, 1993 RESOLVED, by the Board of Representatives of the County of Tompkins, New York, as follows: Section 1. For the specific objects or purposes of paying the cost of the capital projects specified in Section 2 hereof, there are hereby authorized to be issued $363,801 serial bonds of the County of Tompkins, New York, pursuant to the provisions of the Local Finance Law. Section 2. The capital projects in and for the County of Tompkins, New York, for which such serial bonds shall be expended and the maximum estimated cost of each of such capital projects are as follows: a). The preparation of assessment maps required for the digitalization of the County's tax maps to conform the County's tax maps to State standards, at a maximum estimated cost of $154,801; b). The preparation of grid coordinate mapping, including funding of a generic impact statement in connection therewith, at a maximum estimated cost of $134,000; and c). The purchase and installation of a fire/EMS computer aided dispatch system, at a maximum estimated cost of $75,000. Section 3. The plan for financing of each of the specific objects or purposes set forth in Section 2 hereof shall consist of the issuance of the serial bonds of said County authorized to be issued pursuant to this bond resolution, which serial bonds shall be apportioned among the objects or purposes described in Section 2 hereof in accordance with the maximum estimated cost of each. Section 4. It is hereby determined that the period of probable usefulness of the aforesaid preparation of assessment maps is ten years, pursuant to subdivision 44 of paragraph a of Section 11.00 of the Local Finance Law, that the period of probable usefulness of the preparation of grid coordinate mapping if five years pursuant to subdivision 62 of paragraph a of Section 11.00 of the Local Finance Law, and the the period of probable usefulness of the aforesaid purchase and installation of a fire/EMS computer aided dispatch system is ten years, pursuant to subdivision 25 of paragraph a of Section 11.00 of the Local Finance Law. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the County Comptroller, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by,said County Comptroller, consistent with the provisions of the Local Finance Law. Section 6. The faith and credit of said County of Tompkins, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such obligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. There shall annually be levied on all the taxable real property of said County a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable. Section 7. Such bonds shall be in fully registered form and shall be signed in the name of the County of Tompkins, New York by the manual or facsimile signature of the County Comptroller and a facsimile of the corporate seal shall be imprinted thereon and attested by the manual of facsimile signature of the County Clerk. Section 8. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the County Comptroller, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he or she shall deem best for the interests of the County; provided, however, that in the exercise of these delegated powers, he or she shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the County Comptroller shall be a full acquittance to the purchaser of such bonds, who shall not be obligated to see to the application of the purchase money. Section 9. All other matters, except as provided herein relating to such bonds, including prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the County by the facsimile signature of the County Comptroller and, providing for the manual countersignature of a 102 April 6, 1993 fiscal agent or of a designated official of the County), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the County Comptroller. It is hereby determined that it is to the financial advantage of the County not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by Section 52.00 of the Local Finance Law, as the County Comptroller shall determine. Section 10. The validity of such bonds and bond anticipation notes may be contested only if: 1). Such obligations are authorized for an object or purpose for which said County is not authorized to expend money, or 2). The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with. and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3). Such obligations are authorized in violation of the provisions of the Constitution. Section 11. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.103-18(f). Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 12. This resolution, which takes effect immediately, shall be published in full in the Ithaca Journal, which is hereby designated as the official newspaper of such County, for purposes of this bond resolution, together with a notice of the Clerk of the Board of Representatives in substantially the form provided in Section 81.00 of the Local Finance Law. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 110 - AWARD OF BID - SURPLUS T -HANGARS - AIRPORT Moved by Mr. Winch, seconded by Mrs. Call, and unanimously adopted by voice vote by members present. WHEREAS, two (2) sets of used T -hangars at the Airport need to be removed to clear the way for construction, and WHEREAS, it is important that one of the sets be removed by May 3, 1993, in order that construction not be held up, now therefore be it RESOLVED, on recommendation of the Public Works and Construction Management Committee, That the Director of Purchasing and Central Services be authorized to solicit bids for removal of said T - hangars, RESOLVED, further, That the Director be authorized to award the bid for removal of said T - hangars to the highest responsible bidder, RESOLVED, further, That the Airport Division be authorized to implement this bid on behalf of the County. SEQR ACTION: TYPE I OR UNLISTED (DETERMINATIONS OR FINDINGS INCLUDED HEREIN) NEW TERMINAL REPORTS FILED RESOLUTION NO. 111 - AUTHORIZATION TO APPLY FOR GRANT FROM NEW YORK STATE COUNCIL ON THE ARTS (NYSCA) FOR HISTORIC PRESERVATION 103 April 6, 1993 Moved by Mr. Stein, seconded by Mr. Evans, and unanimously adopted by voice vote by members present. WHEREAS, Tompkins County has done previous work to catalogue historically significant places and areas in the County, and WHEREAS, the Tompkins County and Historic Ithaca have been working together on a process to update the previously collected material, and WHEREAS, the County Planning Department has identified NYSCA funds as a source to facilitate the updating of this material, now therefore be it RESOLVED, on recommendation of the Planning Committee, That the County is authorized to apply for a NYSCA grant not to exceed $10,000 for historic preservation purposes, RESOLVED, further, That the County Administrator or his designee is authorized to sign the application on behalf of the County. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 112 - AUTHORIZATION TO EXECUTE A CONTRACT WITH THE ALCOHOLISM COUNCIL Moved by Mr. Mason, seconded by Mr. Evans, and unanimously adopted by voice vote by members present. RESOLVED, on recommendation of the Public Safety and Budget and Administration Committees, That the County Administrator is hereby authorized to execute a contract with the Alcoholism Council, RESOLVED, further, That the source of funding is unallocated ATI funds from 1992-93 Division of Probation and Correctional Alternatives, not to exceed $5,242, RESOLVED, further, That the Comptroller is hereby authorized and directed to make the following budget adjustment on his books: Appropriation: 3143.4442 Alternatives to Incarceration Other $5,242 Revenue: 3143.3389 Other Public Safety $5,242 SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 113 - TO URGE THE STATE SENATE AND ASSEMBLY TO RESTORE STATE AID FOR PROBATION SERVICES TO 33 PERCENT Moved by Mr. Mason, seconded by Mr. Lerner, and unanimously adopted by voice vote by members present. WHEREAS, passage of the budget by the New York State Senate and Assembly translates to a reduction in state aid for Probation services from 33 percent to 18.84 percent, and WHEREAS, the net loss to Tompkins County amounts to approximately $121,000 in state aid, and WHEREAS, this loss will result in a reduction of Probation staff, a curtailment in the Probation Department's ability to protect the community, a reduction in Alternative to Incarceration programming, and a cramping of the Probation Depal tnient's abilities to perform its mandated functions, and WHEREAS, the cost of retaining Probation services at their current level, if absorbed by the County, would represent a hefty and unfair tax burden to the citizens of Tompkins County, now therefore be it RESOLVED, on recommendation of the Public Safety Committee, That the New York State Senate and Assembly be urged to restore Probation funding to 33 percent, as going below that percentage is less than tolerable, 104 April 6, 1993 RESOLVED, further, That the Governor of New York State be urged to support that restoration, RESOLVED, further, That the Clerk of the Tompkins County Board of Representatives is hereby directed to send certified copies of this resolution, with her original signature thereon, to Senators Kuhl and Seward, Assemblyman Luster and Governor Cuomo. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) It was Moved by Ms. Mink, seconded by Mrs. Livesay, and unanimously adopted by voice vote by members present, to lift Resolution No. 74 from the Table. RESOLUTION NO. 74 - AUTHORIZING A PUBLIC HEARING ON PROPOSED LOCAL LAW NO. c OF 1993 - SCANNER ACCURACY LAW Moved by Mrs. Call, seconded by Mr. Evans. Ms. Mink withdrew her motion to add the following RESOLVED: "RESOLVED, further, That a public hearing also be held before the Board of Representatives at Board Chambers of the Tompkins County Courthouse, 320 North Tioga Street, Ithaca New York on Tuesday, April 20, 1993 at 5:30 p.m. in the evening thereof concerning the proposed Item Pricing Local Law of 1991. At such time and place all persons interested in the subject matter will be heard concerning the same." A voice vote resulted as follows on the resolution: Ayes - 10 (Representatives Call, Evans, Joseph, Lerner, Livesay, Mason, Mink, Stein, Winch and Watros); Noes — 0; Excused - 5 (Representatives Culligan, Proto, Schuler, Shurtleff and Todd). Adopted. RESOLVED, on recommendation of the Budget and Administration Committee, That a public hearing be held before the Board of Representatives at Board Chambers of the Tompkins County Courthouse, 320 North Tioga Street, Ithaca New York on Tuesday, April 20, 1993 at 5:30 p.m. in the evening thereof concerning proposed Local Law No. c of 1993 - Scanner Accuracy Law. At such time and place all persons interested in the subject matter will be heard concerning the same, RESOLVED, further, That the Clerk of the Board is hereby authorized and directed to place proper notice of such public hearing in the official newspaper of the County. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) On motion of the appropriate committee chairmen and duly seconded and adopted by voice vote by members present, the following appointments were made to the various advisory boards: Tompkins County Youth Board Term expires December 31, 1993 John J. Sincebaugh - representing Town of Newfield Family Court Advisory Council Term expires December 31, 1995 Joanne M. Miner - at -large representative On motion, the meeting adjourned at 6:42 p.m. "OLD JAIL RE -DEDICATION MARCH 30, 1993 REMARKS OF MARTHA PRESTON, CHAIRPERSON, ITHACA LANDMARKS PRESERVATION COMMISSION 105 April 6, 1993 This is an absolute pleasure for the Ithaca Landmarks Preservation Commission! To witness such a wonderful transformation within this historic edifice is an exciting moment for every member of the Commission, as well as every citizen of our county! It is also an excellent example of the cooperative efforts between the county, this city, and the Landmarks Commission, of which we are especially appreciative. This handsome building, originally erected in 1933, has succeeded in this adaptive reuse though excellent design, sensitive planning, and acute attention to detail. It is interesting to imagine what J. Lakin Baldridge, the original architect, would think of his County Jail design being reconfigured to accommodate such efficient and inviting office spaces! I feel certain that he would be impressed! The original design is an example of Neo -Georgian style, which became popular in the 1930's, primarily due to the restoration work being done at that time in Williamsburg, Virginia. There are no authentic Georgian architecture examples in Ithaca, as this style was prevalent from 1700-1780 and Ithaca, of course, was settled after the colonial period. Many typical Georgian elements are exhibited in the "Old Jail", such as the pediment with tooth-like dentil molding centered on the front facade, the main doorway crowned with an ornate broken pediment supported by decorative flattened columns on either side, and the small paned windows. The use of red brick and stone as primary building materials, and the stone accents at the corners, known as quoins, are also characteristic of the Georgian style. The architect, Mr. Baldridge, studied architecture at Cornell, graduating in 1922. He was an assistant professor in the department the following year, and in 1924 he opened his own architectural office in Ithaca. Mr. Baldridge designed two other Noe -Georgian building in town: the County Courthouse just around the corner, erected at the same time as the jail; and the Cayuga Apartments on West Buffalo Street, opposite DeWittt Park. He also designed several opulent houses in Cayuga Heights, where he resided. Both the "Old Jail" and the County Courthouse are included in the DeWitt Park Local Historic District and were listed on the National Register of Historic Places in 1971. The jail and courthouse was Mr. Baldridge's last commission in Ithaca, for having inherited a substantial amount of National Steel Corporation stock in 1931 and with the deepening Depression, he felt that he should not take work away from those who needed it more. Mr. Baldridge then moved to Bermuda, built himself a home, and became a deep sea fisherman. Every resident of this county, whether they consider themselves an advocate or historic preservation or not, should feel proud that the County officials chose to revitalize an existing building within the city to accommodate their need for office space, ultimately saving taxpayers' money and enhancing the appearance and vitality of Downtown Ithaca. On a personal note, in 1933 when this building was originally constructed, my grandfather was a businessman here in Ithaca. He may have watched the construction of the jail and courthouse, as he lived only three blocks away. It gives me great pride and a sense of awe when I think that the County has now given this handsome building a new use while preserving the original historic and architectural character to be appreciated by generations to come! 106 April 20, 1993 Regular Meeting Public Hearing Chairman Watros called the public hearing to order at 5:30 p.m. concerning proposed Local Law No. c of 1993 - Scanner Accuracy Law (version as adopted by Budget and Administration Committee March 9, 1993). Chairman Watros asked if anyone wished to speak? Will Burbank, 132 Glenside Road, Ithaca, spoke in opposition to proposed Local Law No. c of 1993 - Scanner Accuracy Law. Mr. Burbank stated that attention should be focused on the larger problem which he believes is item pricing. Rebecca Weber, New York Public Interest Research Group (NYPIRG), spoke in opposition to proposed Local Law No. c of 1993 - Scanner Accuracy Law. She stated that a similar law has been considered in several counties throughout New York State and has not been adopted by any to date. She said that item pricing is the only sure method to guard consumers against wrong prices. Ms. Weber urged the Board not to adopt this law for the following reasons: the fines proposed in the law are too low; stores will continue to take in a large amount of money in overcharges; the County would have problems with enforcement; the law does not include item pricing and the law legalizes being less than 100 percent accurate. Elizabeth A. Smith, East Shore Drive, Lansing, spoke in opposition to proposed Local Law No. c of 1993 - Scanner Accuracy Law. Ms. Smith referred to statistics compiled in New York State in regard to food sales. She urged the Board to not make the public settle for anything less than 100 percent accuracy. Ilene Finn, Town of Danby, spoke in opposition to proposed Local Law No. c of 1993 - Scanner Accuracy Law. She stated that she finds it impossible to remember the price of each item she is buying by the time she reaches the cashier. She said she feels this proposed law will hurt Tompkins County and consumers and urged the Board to reconsider item pricing in Tompkins County. No one else wished to speak and the public hearing was closed at 5:44 p.m. Members and guests participated in the Pledge of Allegiance. Present: 15 Representatives. Mr. Stein was excused from the meeting at 7:25 p.m. prior to action on Resolution No. 124. It was Moved by Mr. Evans, seconded by Mrs. Call, and unanimously adopted by voice vote, to approve the minutes of March 30 and April 6, 1993 as submitted. Catherine Covert, Clerk of the Board, announced that a packet of material concerning Standards of Conduct for officers and employees of Tompkins County is available upon request. Chairman Watros read a proclamation declaring the week of May 3-7, 1993 as Public Health Nursing Week in Tompkins County. Under privilege of the floor, Paul Bennett, Esq., spoke on behalf of five individuals he is currently representing in the matter of the alleged sick building syndrome at the Department of Social Services. He stated that he is frustrated with the progress the County has made in helping to resolve the complaints of his clients. Mr. Bennett also commented on the procedure the County uses for employees filing for 107 April 20, 1993 workman's compensation and stated that some of his clients are not able to get workman's compensation and may have to apply for public assistance themselves. Under privilege of the floor, Catherine Brady, Ithaca College student, spoke in opposition to proposed Local Law No. c of 1993 - Scanner Accuracy Law. Ms. Brady stated that she lives on a tight budget and believes it is unfair to consumers to not have item pricing. Ms. Brady stated that consumers would be cheated if stores were allowed to have anything less than 100 percent accuracy. Under privilege of the floor, Yvonne Bartlett, Department of Social Services employee, spoke concerning the alleged sick building syndrome at the Department of Social Services. Ms. Bartlett stated that she has been out of work since March 1, 1993 and does not receive any disability of workman's compensation. Under privilege of the floor, Mrs. Call, Chairman, Budget and Administration Committee, stated that a resolution to adopt proposed Local Law No. c of 1993 - Scanner Accuracy Law is not on the agenda because the County Attorney is reviewing it and if any changes are made to the law, another public hearing will be called. Under privilege of the floor, Ms. Mink, Representative, District No. 5, stated that the proposed Scanner Accuracy Law would not protect consumers and would undercut possible item pricing legislation. She said item pricing is the only way for consumers to really know what they are paying. She said that fifteen counties around the State have adopted item pricing and stated she would still like to see item pricing in Tompkins County. Under privilege of the floor, Mr. Lerner, Representative, District No. 1, spoke concerning proposed Local Law No. c of 1993 - Scanner Accuracy Law. Mr. Lerner stated that scanner accuracy is not a substitute for item pricing and that these are two different laws. He stated that he does not agree that the County should accept any less than 100 percent accuracy, the fines should be increased and a requirement to make the law self -policing should be included in the law. He said that he will introduce amendments to the proposed Law under consideration. Under privilege of the floor, Mrs. Livesay, Representative, District No. 11, spoke concerning proposed Local Law No. c of 1993 - Scanner Accuracy Law. She stated that she agrees with Mr. Lerner but believes that both scanner accuracy and item pricing should be included in the same law. Mrs. Livesay recommended that a task force be created to see what is needed. Mr. Proto, Chairman, Health and Education Committee, reported that the next phase from the Board of Health regarding the Sanitary Code is underway. He stated that the Health Department has not received the last quarter reimbursement from the State in the amount of $200,000. Mr. Proto reported that Tompkins Cortland Community College has embarked on an energy conservation program which is projected to save $894,000 over a ten year period. He stated that graduation at the College will be on May 27. Mr. Proto reported that articles will continue to appear in the newspaper concerning rabies and lyme disease as the season is approaching. Mr. Evans, Chairman, Personnel Committee, reported that the Committee met yesterday and interviewed candidates for the position of Commissioner of Personnel. The next Committee meeting will be April 29 at 8 a.m. in the Old Jail conference room. Ms. Mink, Chairman, Human Services Committee, reported that the Committee met on April 8 and discussed how the City of Ithaca and County sales tax agreement will affect human services agencies. Ms. Mink expressed concern concerning the alleged sick building syndrome situation at the Department of Social Services. She stated that steps are being taken to assess the air quality in the 108 April 20, 1993 building and to see what can and should be done to the building. She stated that the Committee and the Board are taking the problem very seriously. Mr. Proto stated that after receiving a complaint about the building in February, Health Depai tment staff were in the building that day to assess the concerns that were expressed. Mr. Heyman, County Administrator, reported that the Employee Safety Committee made testing County buildings a top priority. Professionals from Central New York Office of Safety and Health are guiding the County in this process. Mr. Heyman stated that the County is fully prepared to make reasonable accommodations to its employees. Mr. Mason, Chairman, Public Safety Committee, stated that dialogue with State representatives continues concerning cuts to the Probation Department. Mr. Mason reported that the position of Jail Administrator has been highly successful and that Mr. Gordon Stevens, Jail Administrator, has earned his salary a couple of times over. Mr. Mason stated that at the present time the County is not boarding in prisoners. Mr. Stein, Chairman, Planning Committee, stated that the next Committee meeting will be April 27 at 9:00 a.m. in the Old Jail Conference Room. Mr. Winch, Chairman, Public Works and Construction Management Committee, apologized for the inconvenience and stated that the elevator in the Annex building will soon be operational. Mr. Winch stated that the Airport project is moving forward. Mr. Todd, Chairman, Fiscal Affairs Committee, reported that the Committee met on April 15 with Senator Seward in attendance. Mr. Todd expects to have a fiscal plan proposal for the Board to consider in May. The next Committee meeting will be April 22 at 9:30 a.m. Mr. Lerner, Chairman, Solid Waste and Resource Management Committee, reported that the Committee met on April 8 and will meet again on April 22. Mr. Lerner called attention to an April 2 letter from James Dwyer, Consulting Attorney for Tompkins County, stating that the permit application for DR -7 has been withdrawn. Mr. Lerner reported that Barbara Eckstrom has been asked to speak at the April 28 Legislative Commission on Waste. She will be making a presentation on the success of Tompkins County waste reduction programs. Mr. Lerner stated that the site of the Recycling and Solid Waste Center has not been affected by the recent flooding conditions. Mrs. Livesay, Intergovernmental Representative, reported that she, Ms. Mink and Chairman Watros will be meeting on April 21 with representatives from the City to see if we need one committee or three committees to follow-up with specific items in the recent sales tax agreement. Mrs. Livesay referred to a meeting she attended at Cornell University to discuss contracts with Hyrdo Quebec and stated that she will be following-up on that issue. Mrs. Livesay stated that she is also following various legislative bills and will be bringing them to the appropriate committees. Mrs. Livesay, member, Greater Ithaca Activities Board, reported that a performance will be given on April 29 - May 1 in the GIAC gymnasium that was written by Carol Kammen and suggested that members of the Board may wish to attend. Mrs. Call, Chairman, Budget and Administration Committee, reported that the Committee met April 13 and discussed the informal appeals process for the Annual Solid Waste Fee. She stated that the Appeal Board still needs to be appointed and would like that Board appointed in May. Mrs. Call stated that after review by Bond Counsel, the County was informed that a two-thirds vote is required for Resolution No. 108, therefore, this resolution is on the agenda to be reconsidered this evening. Mrs. Call stated that Mr. Squires, Comptroller, has submitted the year-end budget close out report. She stated that the Community Affirmative Action Committee has met twice without quorum and will be put on hold until after the new Personnel Commissioner is appointed. 109 April 20, 1993 Mr. Heyman, County Administrator, reported that he is working on rescheduling another open house for the Old Jail which was canceled due to weather conditions. Ms. Nelson, Chair, Employee Council, reported that the regular council meeting was held on April 7. The highlight of the meeting was the passing of of the performance review policy that has been an ongoing project of the Professional Growth and Development Committee. This policy was approved by the Department Heads on April 12th and requires the action of the Board to make it final. She commended the Committee and Department Heads that helped get this policy written in a form acceptable by all. Mr. Wood, Assistant County Attorney, stated that the monthly report from the County Attorney's office will be submitted. On motion of the appropriate committee chairmen and duly seconded and unanimously adopted by voice vote, the following resolutions were added to the agenda: Abolish, Create, Increase of Hours of Positions - Board of Representatives Approval of Sale - County Owned Property Acquired Through Tax Foreclosure - Town of Enfield Chairman Watros gave the appropriate committee chairman permission to withdraw from the agenda the following resolution: Authorization to contract with Task Force for Battered Women - Depai lment of Social Services Chairman Watros gave the appropriate committee chairmen permission to withdraw from the agenda the following resolutions with final committee action being affirmed: CA041-93 - Authorization to Contract - Mike O'Neil - Department of Social Services CA042-93 - Authorization to Submit Grant Proposal - Children with Special Care Needs CA043-93 - Budget Adjustments and Appropriations - Various Departments (Amended by Resolution No. CA054-93) CA044-93 - Reclassification of Position - Senior Welfare Investigator - Department of Social Services CA045-93 - Reclassification of Position - Budget and Finance Supervisor to Budget and Finance Manager - Budget and Finance CA046-93 - Reclassification of Position - Senior Account Clerk Typist - Various Departments CA047-93 - Reclassification of Position - Benefits Manager - Personnel CA048-93 - Change Order No. 1 - Waste Management of North America, Inc. - Solid Waste Hauling and Disposal Services RESOLUTION NO. 114 - AUTHORIZATION TO CONTRACT WITH COMMUNITY HOME AND HEALTH CARE, INC. TO PROVIDE NON-MEDICAL HOME HEALTH CARE SERVICES Moved by Ms. Mink, seconded by Mr. Proto, and unanimously adopted by voice vote. WHEREAS, there is a need to utilize all appropriate home care services in the community in the Expanded In -Home Services to the Elderly Program (EISEP), and WHEREAS, Community Home and Health Care, Inc. can provide such services, now therefore be it RESOLVED, on recommendation of the Human Services Committee, That the Tompkins County Office for the Aging be authorized to contract with Community Home and Health Care, Inc. for provision 110 April 20, 1993 of personal care services at the rate of $10.19 per hour for homemaker/personal care and at the rate of $10.13 per hour for housekeeper/chore services for the period of April 1, 1993 through March 31, 1994. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 115 - URGING SUPPORT FOR STATE ANTI -DISCRIMINATION LEGISLATION Moved by Ms. Mink, seconded by Mrs. Call, and unanimously adopted by voice vote. WHEREAS, the New York State Assembly has recently adopted legislation prohibiting discrimination in public accommodation based on sexual orientation, and WHEREAS, the New York State Senate has not yet introduced a companion bill for the same purpose, and WHEREAS, Tompkins County adopted a Fair Practice Law in 1991 and feels such protection from discrimination should be statewide, now therefore be it RESOLVED, on recommendation of the Human Services Committee, That the Board of Representatives urges the New York State Senate to introduce and adopt the Civil Rights Bill (A1336), RESOLVED, further, That the a copy of this resolution be sent to the Majority Leader of Senate, our local Senate representatives, and Assemblymember Steven Sanders, 622 Legislative Office Building, Albany, New York, 12248. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 116 - REASSIGNMENT OF SPACE IN BIGGS BUILDING A Moved by Mr. Stein, seconded by Mrs. Call, and unanimously adopted by voice vote. RESOLVED, on recommendation of the Human Services, Planning, Public Safety, Public Works and Construction Management and Budget and Administration Committees, That space in Biggs Building A is hereby reassigned effective immediately pursuant to maps prepared by the Depaitment of Planning and dated April 1993. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 108 - A RESOLUTION AUTHORIZING THE ISSUANCE OF $5,100,000 SERIAL BONDS OF THE COUNTY OF TOMPKINS, NEW YORK TO PAY THE COUNTY'S SHARE OF THE COST OF THE CONSTRUCTION OF IMPROVEMENTS AT THE TOMPKINS COUNTY AIRPORT Moved by Mr. Culligan, seconded by Mr. Proto, and unanimously adopted by voice vote to reconsider Resolution No. 108. It was Moved by Mrs. Call, seconded by Mr. Proto. Mr. Mason, Representative, District No. 15 stated this is a situation where the project is funded by those who are going to use it and feels this is important to the community as the Airport generates a great amount of revenue which comes into the Tompkins County community. Mr. Joseph, Representative, District No. 12, stated that although there is 111 April20, 1993 no cost to the County taxpayer, there is a cost to the State and Federal taxpayer and does not feel that an airport terminal should be a top priority. Mr. Lerner, Representative, District No. 1, stated that one reason he is opposed to the project is because of concerns for unforeseen circumstances which may result in the involvement of property taxes. A roll call vote resulted as follows: Ayes - 13, Noes - 2 (Representatives Joseph and Lerner). Adopted. WHEREAS, all conditions precedent to the financing of the capital projects hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed, and WHEREAS, it is now desired to authorize the financing of such capital projects, now therefore be RESOLVED, by the Board of Representatives of the County of Tompkins, New York, as follows: Section 1. For the specific objects or purposes or classes of objects or purposes of paying the County's share of the cost of the following capital improvements at the Tompkins County Airport in said County, there are hereby authorized to be issued $5,100,000 serial bonds pursuant to the provisions of the Local Finance Law: 1. The County's share of the cost of the construction of a new terminal including original equipment, machinery, apparatus and furnishings required for the purposes for which the terminal building is to be used and including landscaping and other site improvements and incidental improvements and expenses in connection therewith, a specific object or purpose, at a maximum estimated cost of $3,175,451; 2. The County's share of the cost of the construction of new parking lots at said Airport, including incidental improvements and expenses in connection therewith, a class of objects or purposes, at a maximum estimated cost of $1,015,644; 3. The County's share of the cost of the construction of a new access road at said Airport, including incidental improvements and expenses in connection therewith, a specific object or purpose, at a maximum estimated cost of $109,318; 4. The County's share of the cost of a new ramp/taxiway at said Airport, including incidental improvements and expenses in connection therewith, a specific object or purpose, at a maximum estimated cost of $499,587; and 5. The County's share of the cost of the construction of new T -hangers at said Airport, including original furnishings, equipment, machinery, apparatus and incidental improvements and expenses in connection therewith, a class of objects or purpose, at a maximum estimated cost of $300,000. Section 2. The plan for the financing of each of the objects or purposes set forth in Section 1 hereof shall consist of the issuance of the serial bonds of said County authorized to be issued pursuant to this bond resolution, which serial bonds shall be apportioned among the objects or purposes described in Section 1 hereof in accordance with the maximum estimated cost of each. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid construction of a new terminal is thirty years, pursuant to subdivision 11(a)(1) of paragraph a of Section 11.00 of the Local Finance Law, that the period of probable usefulness of the aforesaid construction of new parking lots is ten years, pursuant to subdivision 20(f) of paragraph a of Section 11.00 of the Local Finance Law, that the period of probable usefulness of the aforesaid construction of a new access road is fifteen years, pursuant to subdivision 20(c) of paragraph a of Section 11.00 of the Local Finance Law, 112 April 20, 1993 that the period of probable usefulness of the aforesaid construction of a new ramp/taxiway is thirty years, pursuant to subdivision 15 of paragraph a of Section 11.00 of the Local Finance Law and that the period of probable usefulness of the aforesaid construction of new T -hangers is twenty years, pursuant to subdivision 17 of paragraph a of Section 11.00 of the Local Finance Law. Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the County Comptroller, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said County Comptroller, consistent with the provisions of the Local Finance Law. Section 5. The faith and credit of said County of Tompkins, New York are hereby irrevocably pledged for the payment of the principal of and interest on such obligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. There shall annually be levied on all the taxable real property of said County a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable. Section 6. Such bonds shall be in fully registered form and shall be signed in the name of the County of Tompkins, New York, by the manual or facsimile signature of the County Comptroller and a facsimile of the corporate seal shall be imprinted thereon and attested by the manual or facsimile signature of the County Clerk. Section 7. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the County Comptroller, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he shall deem best for the interests of the County; provided, however, that in the exercise of these delegated powers, he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the County Comptroller shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 8. All other matters, except as provided herein relating to such bonds, including prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the County by the facsimile signature of the County Comptroller and, providing for the manual countersignature of a fiscal agent or of a designated official of the County), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the County Comptroller. It is hereby determined that it is to the financial advantage of the County not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the County Comptroller shall determine. Section 9. The validity of such bonds and bond anticipation notes may be contested only if: 1. Such obligations are authorized for an object or purpose for which said County is not authorized to expend money, or 2. The provisions of law which would be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3. Such obligations are authorized in violation of the provisions of the Constitution. Section 10. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.103 - 18 (f). Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. 113 April 20, 1993 Section 11. This resolution, which takes effect immediately, shall be published in full in the Ithaca Journal, which is hereby designated as the official newspaper of such County, for purposes of this bond resolution, together with a notice of the Clerk of the Board of Representatives in substantially the form provided in Section 81.00 of the Local Finance Law. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 117 - AUTHORIZATION TO PAY SPECIAL PROSECUTOR - HARDING/LISHANSKY Moved by Mrs. Call, seconded by Ms. Mink, and unanimously adopted by voice vote. RESOLVED, on recommendation of the Budget and Administration Committee, That pursuant to the approval of the Honorable Betty D. Friedlander, the County Administrator be and hereby is directed to issue an interim payment to Attorney Nelson Roth for professional services and disbursements as Special Prosecutor in regard to People vs. David L. Harding, People vs. Robert Lishansky, in the sum of $10,577.14, and to Joseph O'Brien, Investigator, in the sum of $877.90. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 118 - APPROVAL OF SALE - COUNTY OWNED PROPERTY ACQUIRED THROUGH TAX FORECLOSURE - TOWN OF DANBY Moved by Mrs. Call, seconded by Mr. Proto, and unanimously adopted by voice vote. WHEREAS, by tax foreclosure proceedings of 1992, the County acquired parcel no. 3.-1-36 in the Town of Danby, and WHEREAS, the County Administrator wishes to sell same for the total amount due for taxes, penalties, interest and expenses, now therefore be it RESOLVED, on recommendation of the Budget and Administration Committee, That the sale of parcel no. 3.-1-36 to Floyd J. O'Grady of 135 Nelson Road, Ithaca, New York of the amount of taxes, penalties, interest and expenses due, be and the same hereby is confirmed and the County Administrator is directed to execute a quitclaim deed to the aforesaid property upon receipt of the above -stated amount. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 119 - APPROVAL OF SALE - COUNTY OWNED PROPERTY ACQUIRED THROUGH TAX FORECLOSURE - TOWN OF ENFIELD Moved by Mrs. Call, seconded by Mr. Winch, and unanimously adopted by voice vote. WHEREAS, by tax foreclosure proceedings. of 1992, the County acquired parcel no. 9.-2-20 in the Town of Enfield, and WHEREAS, the County Administrator wishes to sell same for the total amount due for taxes, penalties, interest and expenses, now therefore be it RESOLVED, on recommendation of the Budget and Administration Committee, That the sale of parcel no. 9.-2-20 to Samuel and Anna Supek of Enfield Center Road, Ithaca, New York of the amount of taxes, penalties, interest and expenses due, be and the same hereby is confirmed and the County 114 April 20, 1993 Administrator is directed to execute a quitclaim deed to the aforesaid property upon receipt of the above - stated amount. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 120 - INCREASE POSITION FROM 35 HOUR WEEK TO 40 HOUR WEEK - ADMINISTRATIVE ASSISTANT - MENTAL HEALTH ADMINISTRATION (GENERAL SUPPORT) Moved by Mrs. Call, seconded by Mr. Evans, and unanimously adopted by voice vote. RESOLVED, on recommendation of the Health and Education and Budget and Administration Committees, That effective immediately, the position of Administrative Assistant, Mental Health Administration (General Support) (12-535), weekly hours be increased from 35 to 40 hours. This position shall be paid according to 40 hour salary schedule, RESOLVED, further, That no new monies are needed for this change. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 121 - APPROVAL OF SALE PRIOR TO AUCTION - COUNTY OWNED PROPERTY ACQUIRED THROUGH TAX FORECLOSURE - TOWN OF DANBY Moved by Mrs. Call, seconded by Mr. Proto, and unanimously adopted by voice vote. WHEREAS, by tax foreclosure proceedings of 1992, the County acquired parcel no. 15.-1-11.4 in the Town of Danby, and WHEREAS, prior to auction of said property, the County Administrator wishes to sell same for the total amount due for taxes, penalties, interest and expenses, now therefore be it RESOLVED, on recommendation of the Budget and Administration Committee, That the sale of parcel no. 15.-1-11.4 to Stephen K. and Tracey M. Blumenthal of Comfort Road, Ithaca, New York for the amount of taxes, penalties, interest and expenses due, be and the same hereby is confirmed and the County Administrator is directed to execute a quitclaim deed to the aforesaid property. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 122 - APPROPRIATION FROM CONTINGENT FUND - NEWFIELD PUBLIC LIBRARY Moved by Mrs. Call, seconded by Mr. Winch. A short roll call vote resulted as follows: Ayes - 15, Noes - 0. Adopted. RESOLVED, on recommendation of the Health and Education and Budget and Administration Committees, That $6,450 be appropriated from the Contingent Fund (A1990) to be used by the Newfield Public Library in the installation of a Dynix System (Account No. A7410.4521), RESOLVED, further, That such appropriation increase the target net local share for the Health and Education Committee and County Government as a whole for 1993 only, 115 April 20, 1993 RESOLVED, further, That the 1994 Fiscal Plan target spending calculation shall not be increased by the $6,450 authorized by this resolution for the Health and Education Committee, or for the total County budget. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 123 — ABOLISH AND RECLASSIFY POSITIONS — ASSESSMENT DEPARTMENT Moved by Mrs. Call, seconded by Mr. Evans, and unanimously adopted by voice vote. RESOLVED, on recommendation of the Personnel and Budget and Administration Committees, That the position of Senior Assessor (15/604), labor grade 0 (15), competitive class be abolished effective immediately, RESOLVED, further, That positions of Assistant Assessor (12/593), labor grade L (12), be reclassified to Real Property Appraiser (14/709), labor grade N (14), competitive class, effective immediately, RESOLVED, further, That no monies are need to fund these changes in 1993. SEQR ACTION: EXEMPT OR TYPE H (NO FURTHER ACTION NECESSARY) Representative Stein was excused from the meeting at 7:25 p.m. RESOLUTION NO. 124 - CREATION OF POSITION - HEALTH AND SAFETY COORDINATOR - COUNTY ADMINISTRATOR'S OFFICE (Amended by Resolution No. 224 of 1993) Moved by Mrs. Call, seconded by Mr. Winch, and unanimously adopted by voice vote by members present. RESOLVED, on recommendation of the Personnel and Budget and Administration Committees, That one position of Health and Safety Coordinator (84/297), management level M (13), competitive class be created effective immediately, RESOLVED, further, That the Comptroller is hereby authorized and directed to make the following transfer on his book: From: A1989.4462 Other General Government - Insurance $26,600 To: A1230.1297 Health and Safety Coordinator $16,705 .2201 Calculators 125 .2206 Computers 1,350 .2230 Computer Software 750 .4330 Printing 600 .4332 Books and Publications 300 .4452 Postage 120 .4465 Job Necessitated Travel and Training 450 .4466 Job Related Travel and Training 300 .4472 Telephone 480 .4901 Microcomputer Services 88 .4905 Centrally Distributed Items 282 .8810 Retirement 585 .8830 Social Security 1,237 116 April 20, 1993 .8840 Workers Compensation 48 .8860 Health Insurance 3,080 .8870 Unemployment Insurance 100 SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 125 - CREATION OF TEMPORARY POSITION - SOCIAL WELFARE EXAMINER - DEPARTMENT OF SOCIAL SERVICES Moved by Mrs. Call, seconded by Ms. Mink, and unanimously adopted by voice vote by members present. RESOLVED, on recommendation of the Human Services and Budget and Administration Committees, That one temporary full-time position of Social Welfare Examiner (11/538), labor grade K (11), competitive class, be created effective immediately for a period of ninety days, RESOLVED, further, That no new monies are needed to fund this position at this time. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 126 - AUTHORIZATION TO APPROPRIATE FROM CONTINGENT FUND - HUMAN RIGHTS COMMISSIONER Moved by Mrs. Call, seconded by Ms. Mink. A short roll call vote resulted as follows: Ayes - 9, Noes - 5 (Representatives Call, Mason, Todd, Winch and Watros), Excused - 1 (Representative Stein). Adopted. RESOLVED, on recommendation of the Human Services Committee (not recommended by the Budget and Administration Committee or County Administrator per the Fiscal Plan), That the County Comptroller be authorized to make the following appropriation on his books for in-service retreat for members of the Human Rights Commission: Appropriation: A1990 Contingent Fund $300 Revenue: 8040.4466 Job Related Travel and Training $300 . SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 127 — AMENDMENT OF RESOLUTION NO. 33 OF 1993 — ESTABLISHING A UNIT CHARGE FOR THE 1993 ANNUAL SOLID WASTE FEE Moved by Mrs. Call, seconded by Mr. Lerner. A voice vote resulted as follows: Ayes — 11, Noes — 3 (Representatives Culligan, Proto and Schuler), Excused — 1 (Representative Stein). Adopted. RESOLVED, on recommendation of the Budget and Administration Committee, That Resolution No. 33 — Establishing a Unit Charge for the 1993 Annual Solid Waste Fee shall be amended as follows: 1. Condominiums (Property Class 412) and Cooperatives (Property Class 413) shall be charged the same rate as single family houses, at $52 per living unit. 2. Single and two family residences which are defined as "commercial" and and classified under Property Class 411 by the Assessment Department, shall be charged the apartment rate of 117 April 20, 1993 $.056/ square foot, unless they are restricted by local building codes to allow four or fewer unrelated occupants. Buildings with such a restriction shall be charged $52 per living unit. 3. Churches with a weekly average attendance of twenty or fewer persons will be exempt. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 128 — ABOLISH, CREATE, INCREASE OF HOURS OF POSITIONS — BOARD OF REPRESENTATIVES Moved by Mrs. Call, seconded by Mr. Evans, and unanimously adopted by voice vote by members present. RESOLVED, on recommendation of the Personnel and Budget and Administration Committees, That one position of Stenographic Secretary (60/332), labor grade J(10) Confidential, competitive class, be abolished effective immediately, RESOLVED, further, That one position of Keyboard Specialist (55/321), labor grade E(5) Confidential, competitive class, be created effective immediately, RESOLVED, further, That the hours of Clerk of the Board of Representatives (88/213) be increased from 35 to 40 hours effective October 1, 1993 and the hours of the Deputy Clerk be increased from 35 to 40 hours effective immediately. RESOLVED, further, That no new monies are needed to fund these changes. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 129 — APPROVAL OF SALE — COUNTY OWNED PROPERTY ACQUIRED THROUGH TAX FORECLOSURE — TOWN OF ENFIELD Moved by Mrs. Call, seconded by Mr. Winch, and unanimously adopted by voice vote by members present. WHEREAS, by tax foreclosure proceedings of 1992, the County acquired parcel no. 9.-2-21.2 in the Town of Enfield, and WHEREAS, the County Administrator wishes to sell same for the total amount due for taxes, penalties, interest and expenses, now therefore be it RESOLVED, on recommendation of the Budget and Administration Committee, That the sale of parcel no. 9.-2-21.2 to Samuel and Anna Supek, of 60 Enfield Center Road East, Ithaca, New York of the amount of taxes, penalties, interest and expenses due, be and the same hereby is confirmed and the County Administrator is directed to execute a quitclaim deed to the aforesaid property upon receipt of the above -stated amount. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 130 — SALARY ADJUSTMENT — SHERIFF'S DEPARTMENT (ADOPTED 6/1/93) Moved by Mr. Evans, seconded by Mr. Mason. It was Moved by Mrs. Schuler, seconded by Mr Lerner. And unanimously adopted by voice vote by members present, to refer thisresolution to the Public Safety Committee. 118 April 20, 1993 Ms. Mink, Member, Public Information Committee, announced that there will be a live call-in discussion on May 11. On motion of the appropriate committee chairmen and duly seconded and unanimously adopted by voice vote by members present, the following appointments were made to various advisory boards: Economic Opportunity Corporation Term will be determined at a later date Bruce Bard - Town of Caroline representative Tompkins County Planning Board Term expires December 31, 1993 Richard Chase - Town of Enfield representative Gary Sloan - Village of Lansing representative Tompkins County Youth Board Term expires December 31, 1993 Mary Pat Dolan - Department of Social Services representative Term expires December 31, 1995 Judith Paskin - Town of Enfield representative Chairman Watros announced that in the near future the Board will be asked to gather prior to a meeting for a photograph. Chairman Watros declared recess from 7:58 - 8:08 p.m. It was Moved by Mr. Proto, seconded by Mrs. Call, and unanimously adopted by voice vote by members present, to enter into executive session at 8:08 p.m. to discuss pending litigation. The following is the motion adopted in executive session: It was Moved by Mr. Evans, seconded by Ms. Mink, and unanimously adopted by voice vote by members present, to authorize James Dwyer and law firm to appeal decision of Supreme Court in the Landstrom Landfill. The meeting returned to open session at 8:22 p.m. On motion, the meeting adjourned at 8:22 p.m. 119 May 4, 1993 Regular Meeting Chairman Watros called the meeting to order at 5:30 p.m. Members and guests participated in the Pledge of Allegiance. Present: 13 Representatives. Excused: 2 (Representatives Culligan and Shurtleff). It was Moved by Mr. Proto, seconded by Mr. Evans, and unanimously adopted by voice vote by members present, to approve the minutes of April 20, 1993 as corrected. Chairman Watros presented the following proclamations: Hospital Week in Tompkins County - May 9-15, 1993 Breast Health Awareness Month in Tompkins County - May, 1993 Public Service Recognition Week in Tompkins County - May 3-9, 1993 Senior Center 50th Anniversary Week in Tompkins County - week of May 9, 1993 Tourism Week in Tompkins County - May 2-8, 1993 Mr. Winch, Chairman, Airport Construction Committee, stated that with the New Terminal project underway, it was decided that this would be an opportunity to change the logo of the Tompkins County Airport. He stated that a contest was held with 71 entries received. Mr. Winch thanked US Air and Continental for the generous donations. Mr. Nicholas, Airport Manager, stated that when he thought up the idea to change the logo for the Airport, he hoped for a design that would take Tompkins County into the 21st century. Mr. Nicholas stated that he approached US Air and Continental for prizes and was surprised to learn that each had donated two round trip tickets to anywhere in their system. Mr. Nicholas thanked people for entering the contest and presented the first place prize to Jeffrey Miller and the second place prize to Paul Bradley Chang as the runner-up. Mr. Nicholas thanked US Air and Continental for donating the prizes. Mr. Winch, Representative, District No. 8, introduced Laurie Goldstein and Whitney Bozelco, Ithaca College students working closely with the Physical Plant Operation staff on environmental management. Ms. Goldstein began her presentation reviewing the history of recycling and waste management at Ithaca College in 1989. She stated that by 1991, 25 percent of the waste stream had been reduced. She said that since that time waste reduction efforts have continued to expand and stated that during that time an on -campus composting facility was created at Ithaca College of which the annual goal is over 200 tons of food waste. This would bring the College to total reduction of 43 percent of diverted waste. Ms. Goldstein explained the process, used for food -composting at the College. Ms. Bozelco explained what is involved in the College's Solid Waste Management Program. She stated that since implementation of the program, the amount of solid waste being delivered to the landfill has been reduced by approximately 400 tons. She stated that the composting facility has reduced the amount by another 150-200 tons which brings the College's total tonnage being delivered to the landfill by approximately 600 tons. She stated that the program has benefits for both the College and County. She said that future program goals include increasing the amount of material being recycled by ten percent which result in another 100 tons being diverted from the waste stream. The College would also like to increase the capacity of its food composting facility by another 200 tons per year, and to reduce the amount of waste in its waste stream by two-thirds by the end of 1994. Ms. Bozelco stated that they would also like to increase the number of students enrolled in the program. Mr. Winch thanked Tom Brown, Physical Plant Director, Al Cobane, and Rick Couture, also of Ithaca College and stated that the County is fortunate to have people to work with on the issue of solid waste. 120 May 4, 1993 Under privilege of the floor, Mr. Mason, Representative, District No. 15, brought to the Boards' attention that some municipalities are considering extending their spring clean-up days and may ask the County to wave charges for C&D (construction and demolition) at the landfill as the County did last year. Under privilege of the floor, Mr. Lerner, Representative, District No. 1, spoke about a meeting he attended concerning a project called Ithacanet. The concept is to create local public access computer telecommunications networks. The model being used is the Cleveland Freenet which has been operating for eight or nine years. The idea is anyone with a personal computer and a modem either at home or at a business would be able to call to a central server which would make it possible to have E -Mail, computerized discussion groups, access to international internet of computer services and other related services at no charge to the user. Under privilege of the floor, Mr. Lerner, Representative, District No. 1, stated that he had been shopping at an Ithaca supermarket and explained an experience which he had in line. He stated that a customer was arguing with a cashier over the price on the shelf and the scanner. The cashier stated that he/she could not leave his/her station to check the price on the shelf. The cashier proceeded to void items as requested by the customer. During a conversation with this cashier, Mr. Lerner was told that a cashier gets penalized for an excess amount of voids. Mr. Lerner, Chairman of the Solid Waste and Resource Management Committee, reported on the solid waste finance committee appointed by the Chairman of the Board to pursue a finance plan for solid waste for 1994 and thereafter. He said he would be speaking about the revenue side of solid waste and at another meeting he will speak about the expense side. He said he would not be addressing recycling revenues, grants and license and permit fees this evening which have all been subtracted out of the figures being discussed later. He said there are four potential large sources of revenue for the solid waste program for 1994: 1. Tipping fee - the per ton charge at the transfer station for waste coming in is currently at $95 per ton. The first decision to be made is how high should the tipping fee be. We need to be aware that the higher the tipping fee the more potential there is of flow control violations. A higher tipping fee is an incentive to recycle but is also a stronger incentive to dump illegally, irresponsible burning and violate the flow control law. We also need to be aware that the more the solid waste program is dependent on the tipping fee the long-term effect will cause a risk because the program is designed to reduce the tonnage in future years. If the tonnage decreases every year then the financing is too dependent on tonnage dependent revenues and will result in a shrinking revenue stream. 2. Annual fee - the perception is that the fee is unfair and is expensive to administer. We are spending over $100,000 this year administering the fee with sending out the bills and processing the payments. However after the first year, the amount decreases. 3. Property tax - any solid waste related expenses shifted back to property tax will result in increases. The Board is already dealing with potential increases for a number of other reasons. Mr. Lerner stated at this time that in the 1993 and 1994 budget there is approximately $1 million in expenses for maintenance and closure of old landfills: Caswell, Hillview and DR -7. These expenses are not related to the current tonnages in solid waste. The Board may wish to pursue the possibility of including these expenses in the property tax. 4. Recycling fee - may be based on the weight or volume of recycling put out at the curb by a home or delivered to the recycling center by a business. This may be a disincentive to recycle. In 1994, 13,500 tons of recycling is being budgeted. 121 May 4, 1993 Mr. Lerner distributed and explained a draft outline of solid waste financing options for 1994. It outlined the 1992 system, six options based on a $120 tipping fee, and two options with lowering the tipping fee. He stated that the outline is not a proposal for the solution; it is a statement of the problem. Mrs. Livesay asked if the expense of administering the collection of the recycling and the logistics of opening the recycling center were discussed. Mr. Lerner said no but the logistics of access to the recycling center will be reviewed in the next couple of months. Mr. Proto asked if the approximate cost of the Central Processing Facility with the bonding has been reflected in the $6 million total solid waste budget. Mr. Lerner said the debt service is included. Mr. Proto also asked if there was an optimum and/or not so optimum tipping fee. Ms. Mink spoke about option C-1 but suggested changing the annual fee to recycling fee. Mr. Lerner said landfill closure is also included in the $45 annual fee and that it does not only include recycling costs. He said this year and if the Board continues with the annual fee next year it would include landfill closure costs (approximately $1 million) and recycling expenses. She asked if the landfill closure costs could be included in the property tax instead. Mrs. Call agreed. Mr. Stein said he was concerned with the household fee because of the changed rules established several years ago; you pay for what you make. He said he preferred the recycling fee over the annual fee because a person has some options to control their costs. He feels the recycling fee is incentive to purchase recyclable material as where the household fee removes that incentive. He stated his preference is a combination of a recycling fee and a tipping fee. Mrs. Livesay cautioned against calling the annual fee a recycling fee. The annual fee includes more than recycling expenses. The fee also includes landfill closure and maintenance. Mr. Lerner stated that the collection mechanism by which the County decides to acquire needed revenue is what he is primarily concerned with at this time. If the County should choose to adopt a recycling fee, the revenue would reflect the volume or weight of recyclables brought in, which would still fall far short of the needed revenue. If the annual fee mechanism is used, the County could determine the amount of revenue needed and establish a fee that could yield the needed revenue. Mr. Joseph referred to B-1 in the draft outline of Solid Waste Financing Options and asked what an 11.3 percent property tax increase would translate to in a dollar amount. Mr. Heyman stated that an average single-family homeowner would pay approximately an additional $46 per year based on a $100,000 home. Mr. Joseph stated that the adoption of an annual fee would have less impact on property owners than a property tax increase because the fee includes not-for-profit agencies and tax-exempt properties. Mr. Lerner concluded the discussion by asking Board members to submit questions and comments in writing. Mr. Proto, Chairman, Health and Education Committee, reported that the Committee met April 27 and had a presentation on the status of the Job Training Council. It was decided at that meeting to revive Kris Deluca -Beach's proposal regarding the addition of a service coordinator for the County. He stated that the Committee received an update from the Healthy Heart program on the school lunch program. He stated that Suzanne Stopen, Director, Children with Special Needs Program, attended the meeting and gave a presentation on that program. Mr. Proto said that the six month report regarding the Dental Hygienist in -school program was placed on desks this evening. On April 29 he attended, along with Chairman Watros, a meeting in Cortland of the Nine County Regional Body at which the topic was rabies and how it affects Upstate New York. He said that Tompkins Cortland Community College will be using the former McCurdy's building downtown. The next Committee meeting will be May 25. 122 May 4, 1993 Mr. Evans, Chairman, Personnel Committee, stated that the Committee met on April 29 and completed the development of a questionnaire to gather input from the Board on the evaluation of each of the four employees which report to the Board. Comments and suggestions will be solicited for this from Board members. Mr. Evans stated that the initial interview process for the position of Commissioner of Personnel has been completed. The next Committee meeting will be April 27 at 8 a.m. Ms. Mink, Chairman, Human Services Committee, stated that the Committee met this morning and heard from the Office for the Aging on pending legislation that would provide a central access point for users of long-term health care. She stated that more information on this will follow. Nancy Zahler, Youth Bureau Director, updated the Committee on several issues including the number of clients served and their demographic configurations since the County took over Youth Bureau funding in 1988. She stated that there has been a 65 percent increase in the number of youth served, 20 percent more youth served from the rural area. Ms. Mink stated that the walk-through survey at the Depaitment of Social Services will be held next week and stated that the results of surveys will be available near the end of the month. She reported that the security system implementation at the building is going well and is ahead of schedule. Ms. Mink, Public Information Committee, stated that a live call-in and panel discussion will be held on May 11 at 7 p.m. to discuss item pricing/scanner accuracy. Mr. Mason, Chairman, Public Safety Committee, reported on a letter of appreciation Jack Miller, Fire, Disaster and EMS Coordinator, received from Chief Gunderson of the Aurora Fire Depallinent concerning a major fire on March 25 in Aurora and thanking Tompkins County their help and for sharing its truck mounted cascade system at the fire scene. Mr. Mason stated that the Public Safety Committee meeting scheduled for May 6 has been rescheduled for May 14 at noon. Mr. Stein, Chairman, Planning Committee, reported on the situation with cooperation with Cornell University and the community having to do with the sale of goods and services at the campus. He stated that he attended a meeting yesterday and reviewed the new rules and regulations that were instituted a year ago and stated that there is a new mood of cooperation and it seems that the problems the County was facing a few years ago have been solved. Mr. Stein reported that the Planning Depaitment has begun the process of developing a vision plan/comprehensive plan for the County which will be a one to three year process. He stated that an ad-hoc committee has been created to make recommendations to the County. Mr. Winch, Chairman, Public Works and Construction Management Committee, made mention that he has been receiving questions and comments concerning what the economic impact of the storm and flood has been on the County's infrastructure. He stated that Tompkins County did not receive as much damage as some surrounding counties. Mr. Winch stated that staff is compiling information on this and it will be available soon. Mr. Todd, Chairman, Fiscal Affairs Committee, stated that the Committee met on April 28 and completed work on the Fiscal Plan and forwarded it to the Budget and Administration Committee for its next meeting along with a recommendation for Board members' salaries. He stated that a statement of purpose for the County was advanced through the Fiscal Affairs Committee and will be sent to employees and the public for comment before bringing it to this Board. The Committee also discussed whether another community survey will be conducted. The next Committee meeting will be May 13 at 10:30 a.m. Mr. Lerner, Chairman, Solid Waste and Resource Management Committee, said the Committee met on April 22. He mentioned that a copy of the resolution adopted by the Board on March 30 authorizing the negotiating committee to go forward with the Central Processing Facility was sent to each of the vendors. A meeting has been scheduled for May 11 and 12 with these vendors. He stated that a meeting was held today with the sub -committee looking at expanding the markets for the County's recyclables. 123 May 4, 1993 Mrs. Livesay, Intergovernmental Representative, reported that she and Chairman Watros met with town supervisors and village mayors on April 21 and discussed the recent sales tax agreement with the City. She stated that they were pleased that they were invited to this meeting and that the meeting went well. She reported on the issue of low-level radioactive waste which is severely impacting Cortland County. Mrs. Call, Chairman, Budget and Administration Committee, stated that the next Committee meeting will be May 10 at 11:30 a.m. at which time they will be discussing the proposed Scanner Accuracy Law. Mrs. Call stated that Mr. Squires, Comptroller, gave an update on sales tax proceeds received for the first quarter of 1993 and stated that the County received approximately 25 percent of budget estimate which he feels is a positive sign. Mr. Heyman, County Administrator, stated that the Director of Data Processing has announced he will be retiring at the end of this month. He stated that Kathy West, Deputy County Administrator, Mr. Lerner and Mr. Evans have agreed to serve on a selection committee for this position. He stated that Pat Nowalkowski will serve on an interim basis as Acting Director effective June 1. Mr. Heyman also announced the retirement of Joyce Musson, Executive Assistant to the County Administrator. Mr. Mulvey, County Attorney, stated that he has submitted his monthly report to the Board office. He stated that Rubbish Removal has paid their debt in full to the County and are now being served at the transfer station on a cash basis. Chairman Watros updated the Board on the consolidation of services with the City. He stated that he and Mayor Nichols will release a memo tomorrow listing the committees that have been established and the charge to its members. He also stated that there was a meeting held on April 30 relative to the flooding conditions in Tompkins County. The meeting was attended by Representative Livesay, Mr. Heyman, County Administrator, Mr. Miller, Fire and Disaster Coordinator, and a representative from Assemblyman Luster's office. Following contact with the State, it was concluded that the County has done everything possible to set in place the ability for those who were impacted to apply for funds through FEMA or the Small business Administration to get some relief. On motion of the appropriate committee chairman and duly seconded and unanimously adopted by voice vote by members present, the following resolution was added to the agenda: Creation of Position - Assistant Airport Operations Technician - Public Works Chairman Watros gave the appropriate committee chairman permission to withdraw from the agenda the following resolution: Approval of Visitors Survey Committee Expense Account Chairman Watros gave the appropriate committee chairmen permission to withdraw from the agenda the following resolutions with final committee action being affirmed: CA049-93 - Award of Contract - PCAP Software CA050-93 - Authorization to Execute Contracts - Various Labs - PCAP CA051-93 - Authorization to Execute Contracts - Photosynthesis Productions - Healthy Heart Program CA052-93 - Reclassification of Position - Account Clerk Typist to Senior Account Clerk Typist — Mental Health Department 124 May 4, 1993 RESOLUTION NO. 130(a) - AUTHORIZING THE ISSUANCE OF CERTAIN BONDS BY THE TOMPKINS COUNTY INDUSTRIAL DEVELOPMENT AGENCY AND PLEDGING NON-INTERFERENCE WITH THE RIGHTS OF THE HOLDERS OF THE BONDS Moved by Mr. Stein, seconded by Mrs. Call. Following a brief discussion a voice vote resulted as follows: Ayes - 13, Noes - 0, Excused - 2 (Representatives Culligan and Shurtleff). Adopted. WHEREAS, pursuant to Title I of Article 18-A of the General Municipal Law of the State of New York (hereinafter referred to as the "State") and Chapter 535 of the Laws of 1971 of the State (collectively known as the "Act"), the County Board of Representatives of Tompkins County ("the Board") has heretofore appointed the Chairman and members of the Tompkins County Industrial Development Agency (the "IDA") and has duly caused to be filed in the office of the Secretary of State the certificates required by Section 856 of the General Municipal Law, and WHEREAS, the County has been advised by the IDA that the IDA proposes to issue, contingent upon the adoption of this resolution, its Civic Facility Revenue Bonds (Glenwood Handicapped Services, Inc. Facility) in an aggregate principal amount sufficient to pay substantially all of the cost of acquiring, constructing, renovating and equipping the below described facility (the "Facility"), presently estimated to be up to $2,000,000 (the "Bonds"), and WHEREAS, the Facility shall consist of the acquisition, construction and equipping of approximately 10,000 square foot facility adjacent to the existing facility of Glenwood Handicapped Services, Inc., at 21 Wilkens Road, Ithaca, New York and the renovation and equipping of such existing facility, and WHEREAS, the Facility shall be leased with an option to purchase by the IDA to Glenwood Handicapped Services, Inc. (the "Company"), and WHEREAS, it is the intent of the IDA that interest on the Bonds qualify for exemption from Federal income taxation pursuant to Section 145 of the Internal Revenue Code of 1986, as amended (the "Code"), and WHEREAS, pursuant to Section 147 (f) of the Code, interest on the Bonds will not qualify for exemption from Federal income taxation unless the issuance of the Bonds is approved by the Board after a public hearing to consider both the issuance of the Bonds and the nature and location of the Facility has been conducted following reasonable public notice, and WHEREAS, such public hearing has been duly held and a report of such hearing has been made available to each member of the Board prior to this meeting, and WHEREAS, Section 870 of the General Municipal Law of the State specifically provides that neither the Bonds nor any other obligation of the IDA shall be a debt of the County nor shall the County be liable thereon, and WHEREAS, Section 870 of the General Municipal Law of the State, the Board desires to pledge to and agree with the purchasers and holders of the Bonds that the County will not limit or alter rights and remedies of the holders of the Bonds, now therefore be it RESOLVED, on recommendation of the Planning Committee, That for the sole purpose of qualifying the interest payable on the Bonds for exemption from Federal income taxation pursuant to the provisions of Section 144 of the Code, the Board, as the elected legislative body of the County hereby approves the issuance by the IDA of the Bonds, provided that the Bonds, and the premium (if any) and interest thereon, shall be special obligations of the IDA 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, RESOLVED, further, That in order to induce and encourage the purchase and enhance the marketability of the Bonds, the County, pursuant to the authorization set forth in Section 868 of the General Municipal Law, does hereby pledge to and agree with the holders of the Bonds, when, as and if issued by the IDA, that the County will not limit or alter the rights vested in the IDA pursuant to the Act to acquire, hold, lease, maintain and sell the Facility, to establish and collect rentals, fees, installments of purchase price and other charges, therefrom, to pledge such rentals, fees, installments of purchase price and other charges, to grant a security interest in the Facility and to fulfill the terms of any agreements 125 May 4, 1993 made by the IDA with the holders of such Bonds nor in anyway impair the rights and remedies of the holders of such Bonds, until such Bonds, together with the interest thereon, with interest on any unpaid installments of interest and all costs and expenses in connection with any action or proceeding by or on behalf of the holders of the Bonds, are fully met and discharged, RESOLVED, further, That this resolution shall be deemed to be made for the benefit of the holders, from time to time, of the Bonds and shall constitute a contract between the County and the holders of the Bonds, RESOLVED, further, That this resolution, once recommended by the Planning Committee and approved by the Board, shall take effect immediately. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 131 - CONTINUED SUPPORT FOR COMMUNITY ARTS PARTNERSHIP "WORLD OF ART" PLAN Moved by Mr. Stein, seconded by Mrs. Schuler, and unanimously adopted by voice vote by members present. WHEREAS, the Community Arts Partnership (C.A.P.) has demonstrated the potential of its World of Art marketing plan, now therefore be it RESOLVED, on recommendation of the Planning Committee, That the Advisory Board on Tourism Development shall provide C.A.P. with $3,500 in additional support. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 132 - AUTHORIZATION TO HOLD A PUBLIC HEARING ON SMALL CITIES APPLICATION AND COMPREHENSIVE HOUSING AFFORDABILITY STRATEGY (CHAS) Moved by Mr. Stein, seconded by Ms. Mink, and unanimously adopted by voice vote by members present. WHEREAS, Tompkins County is considering submitting an application to the United States Department of Housing and Urban Development (HUD) for a Small Cities Community Development Block Grant (CDBG), and WHEREAS, a public hearing is required for the application and the Comprehensive Housing Affordability Strategy (CHAS) for the County which is required in order for the application to be submitted, and WHEREAS, it is desirable to have the public hearing during the month of May in order to have approval to file the application before the deadline approaches, now therefore be it RESOLVED, on recommendation of the Planning Committee, That the Tompkins County Board of Representatives will hold a public hearing on the CDBG application and CHAS on Tuesday, May 18, 1993 at 5:30 p.m. in the evening thereof in Board Chambers of the Tompkins County Courthouse, 320 North Tioga Street, Ithaca, New York. At such time and place all persons interested in the subject matter will be heard concerning the same, RESOLVED, further, That the Clerk of the Board is hereby authorized and directed to place proper notice of such public hearing in the official newspaper of the County. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) 126 May 4, 1993 RESOLUTION NO. 133 - AGREEMENT FOR CIRCUIT RIDER PLANNING SERVICES WITH THE TOWN OF GROTON Moved by Mr. Stein, seconded by Mrs. Schuler, and unanimously adopted by voice vote by members present. WHEREAS, the Town of Groton has requested assistance from the County Planning Depai tnient for the completion of its Master Plan, now therefore be it RESOLVED, on recommendation of the Planning Committee, That the County Administrator or his designee be authorized to sign a contract with Groton in an amount of $3,904 for Planning Services and $900 for newsletter production to be paid to the County, RESOLVED, further, That monies from the contract be deposited in Account No. A8020.2770 (unclassified revenues). SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 134 - ACCEPTANCE OF FEDERAL AVIATION ADMINISTRATION (FAA) GRANT OFFER - TOMPKINS COUNTY AIRPORT - NEW TERMINAL PROJECT (PHASE 2) Moved by Mr. Winch, seconded by Mr. Todd, and unanimously adopted by voice vote by members present. WHEREAS, the FAA has made a grant offer for Federal assistance in connection with the construction of the New Terminal Project, and WHEREAS, said grant offer is from FY 93 Airport Improvement Program (AIP) Entitlement Funds, representing the remaining eligible areas of the new terminal and designated as a Phase 2 grant, now therefore be it RESOLVED, on recommendation of the Public Works and Construction Management Committee, That the grant offer of $88,883 is hereby accepted and the County Administrator is authorized to execute the grant agreement. SEQR ACTION: TYPE I (NEGATIVE DECLARATION ON FILE) RESOLUTION NO. 135 - CREATION OF POSITION - ASSESSMENT DEPARTMENT Moved by Mrs. Call, seconded by Mr. Evans, and unanimously adopted by voice vote by members present. RESOLVED, on recommendation of the Personnel and Budget and Administration Committees, That one position of Real Property Appraiser Trainee (11/710), labor grade K (11), competitive class, be created effective April 20, 1993. RESOLVED, further, That no new monies are need to fund this change in 1993. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 136 - CREATION OF POSITION - ASSISTANT AIRPORT OPERATIONS TECHNICIAN Moved by Mrs. Call, seconded by Mr. Proto. There was discussion on whether this was intended to be a temporary position, therefore, it was suggested that a time -frame be included in this resolution. It 127 May 4, 1993 was Moved by Mrs. Call, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, to amend the resolution adding the following: "RESOLVED, further, That this position shall exist through August 31, 1993". A voice vote on the resolution as amended resulted as follows: Ayes - 13, Noes - 0, Excused - 2 (Representatives Culligan and Shurtleff). Adopted. RESOLVED, on recommendation of the Public Works, Personnel and Budget and Administration Committees, That one position of Assistant Airport Operations Technician (07/847), labor grade G (7), competitive class, be created effective immediately, RESOLVED, further, That no new monies are needed to fund this change in 1993, RESOLVED, further, That this position shall exist through August 31, 1993. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) On motion of the appropriate committee chairmen and duly seconded and unanimously adopted by voice vote by members present, the following appointments were made to various advisory boards: Agricultural and Farmland Protection Board Terms expire December 31, 1993 Laurie Todd - Farmer representative David Hardie - Agri -Business representative Frank P. Proto - County representative Terms expire December 31, 1994 Mary Beth Holub - Farmer representative Donald Barber - Land Preservation representative Terms expire December 31, 1995 Roger Gleason - Farmer representative George Holmes - Farmer representative Office for the Aging Advisory Committee Term expires December 31, 1995 Willard Daetsch Economic Opportunity Corporation Patricia Driscoll - Town of Ithaca representative Barbara Barry - Town of Lansing representative Environmental Management Council Term expires December 31, 1993 Ronald M. Beloin - Town of Enfield representative Tompkins County Youth Board Term expires December 31, 1993 Charles V. Evans - County representative Terms expires December 31, 1995 Ronald Simpson - Town of Ithaca representative Debbie Fitzpatrick - Town of Danby representative Anthony B. Deluca - Mental Health representative Chairman Watros announced that there will be a Flag Day parade and if anyone is interested to contact him. Chairman Watros declared recess from 7:48 - 7:55 p.m. 128 May 4, 1993 On motion and duly seconded and unanimously adopted by voice vote by members present, that an executive session be held to discuss a personnel matter. An executive session was held from 7:55 p.m. to 8:05 p.m. On motion, the meeting adjourned at 8:05 p.m. 129 May 18, 1993 Regular Meeting Public Hearing Chairman Watros called the public hearing to order at 5:30 p.m. concerning the Small Cities Community Development Block Grant Application and Comprehensive Housing Affordability Strategy (CHAS). Chairman Watros asked if anyone wished to speak? James Hanson, Planning Commissioner, spoke concerning the Small Cities Community Block Grant Program and the Comprehensive Housing Affordability Strategy. He stated that in the past the County has been successful in obtaining funds for the Town of Caroline to rehabilitate low to moderate income housing. The Town of Enfield was also assisted in completing an application for funds for housing rehabilitation. Mr. Hanson introduced David Carlson, Consultant, who gave a brief overview of the Small Cities program. Mr. Carlson stated that the program has been in existence since 1978 and is an annual funding competition run through the Department of Housing and Urban Development. This year approximately 200 communities across New York State applied with approximately 75 applications being accepted. This year Tompkins County is looking at a County -sponsored home -ownership program that would be available Countywide which the Planning Deparinient feels is much needed in the County. Karl Heck, Administrative Coordinator, updated the Board on meetings that have been held with lending institutions, stating that five have made preliminary commitments to the program. He stated that a survey was completed of potential applicants to the program which showed a strong level of interest. Based on several sources of information, it is the opinion of the Department that this is a much needed program in Tompkins County. No one else wished to speak and Chairman Watros closed the public hearing at 5:55 p.m. Members and guests participated in the Pledge of Allegiance. Present: 15 Representatives. It was Moved by Mr. Evans, seconded by Ms. Mink, and unanimously adopted by voice vote to approve the minutes of May 4, 1993 as corrected. Chairman Watros presented a proclamation to Betsy Crane, Executive Director of Planned Parenthood, declaring the week of May 17 to be Planned Parenthood 25th Anniversary Week in Tompkins County. Chairman Watros presented a proclamation to Marilyn Strassberg, Aging Services Specialist for the Office for the Aging, declaring the month of May, 1993 to be Older Americans Month in Tompkins County. Under privilege of the floor, Lars Washburn, Forest Home Drive, spoke concerning the resolution on the agenda entitled Responsibility for County Bridges on Town Highways. Mr. Washburn urged the Board to table or not support this resolution and continue with the intention to rebuild the Forest Home Bridge. Chairman Watros noted that the above-mentioned resolution will be withdrawn from the agenda. Under privilege of the floor, Mr. Culligan, Representative, District No. 2, displayed a picture he took of a closed landfill site in the San Francisco Bay area. He stated that there are several businesses very close to the site. He stated that his point is that if landfills are closed correctly, it is not a waste of land. 130 May 18, 1993 Under privilege of the floor, Mrs. Schuler, Representative, District No. 4, announced that the week of May 17 is Try -transit week. She also expressed concern that a AAA publication listing tourist events for the summer only included one Tompkins County event. Mr. Proto, Chairman, Health and Education Committee, reported that there will be a luncheon on April 21 at Tompkins Cortland Community College to review their proposed budget. He said that Irene Stein, Office for the Aging Director, will attend the next Health and Education Committee meeting to discuss a proposal to create a centralized local access system for long term care services. The next Committee meeting will be May 25. Mr. Culligan reported that he attended the groundbreaking ceremony for the Reconstruction Home and stated that this will be another good addition to downtown Ithaca. Mr. Evans, Chairman, Personnel Committee, reported that the Committee has not met since the last Board meeting. There will be a meeting on May 20 at noon to start the interview process for the Public Health Director. The next Committee meeting will be May 24 at which time interviews will take place with the finalists for the position of Personnel Commissioner. Mr. Evans distributed evaluation forms for the four employees who report to the Board. He asked for comments on the form be submitted. Ms. Mink, Chairman, Human Services Committee, reported that she attended the Biggs A Environmental Review Task Force meeting as a follow-up to the walk through that was done. She stated that a preliminary report is not completed at this time but questions were formalized which focused on issues of ventilation and composition of materials in the building. She reported on a meeting held with the working group from the City to consolidate human services and stated that the meeting was very productive. Mr. Mason, Chairman, Public Safety Committee, reported that the committee met on May 14 at noon and primarily discussed the Sheriffs Department needs assessment. Mr. Mason made reference to a report on the Department prepared by Deputy County Administrator, Kathy West. Mr. Mason stated that a motion to release the report to the public failed at the Committee meeting. However, since that time, a press release has been issued by the Deputy Sheriffs Association and he felt that with concurrence by the committee, it would be appropriate to release the report at this time. Mr. Mason expressed outrage at the press release issued by the Deputy Sheriffs Association and stated that the report addressed issues that the Committee asked it to. He stated that the Committee met prior to the Board meeting and discussed an Alternatives to Incarceration proposal. He stated that the proposal will reduce the population of the Jail and possibly allow the County to board prisoners in and reduces the chances of boarding prisoners out. Mr. Evans, Chairman, Community Mental Health Services Board, stated that the Community Mental Health Services Board approves and recommends this proposal. Mr. Stein, Chairman, Planning Committee, stated that the committee met this morning and had a report from Harry Missirian, Deputy Commissioner of Planning, on the County's response to the American Disability Act. Mr. Stein stated that the Committee also heard a brief review of a five-year plan for the Transit system. He announced that Mary Smith, Environmental Management Coordinator, and Jeanne Barrett, Circuit Rider for the Planning Department, had accepted other positions and will be leaving the Planning Depaitnient. There will be a special committee meeting on June 3. Mr. Winch, Chairman, Public Works and Construction Management Committee, reported on damages and the economic impact of Blizzard '93. Mr. Winch stated the County would incur cost overruns as a result of erosion and sedimentation caused by the weather and would have a major impact on the work the Public Works Department has planned for County roads this summer. Mr. Stein, Representative, District No. 3, spoke to the resolution intended for withdrawal on the agenda entitled Responsibility for County Bridges on Town Highways. He stated that he believes this resolution needs to deal with the needs of communities in the County on an individual basis. He feels 131 May 18, 1993 those towns who cannot afford to take care of bridges in their communities should be helped more than those towns who can afford it. Mr. Todd, Chairman, Fiscal Affairs Committee, stated that the committee met May 13 and discussed a means of allocating some funds, separate from the Contingent Fund, to be set aside and distributed based on priorities. There was a discussion on what would be considered a priority and the process by which a department would receive funds. There was concern expressed by Mr. Joseph, Mr. Stein and Mrs. Livesay over an application process being used to apply for these funds. Mr. Todd stated that the committee will continue to work on this and stated that the committee hopes to have a fiscal plan available in June. Mr. Lerner stated that if the Fiscal Affairs Committee should decide to conduct a community survey, he would like the full Board to review the survey before it goes to the public. The next meeting is May 27, 1993. Mr. Lerner, Chairman, Solid Waste and Resource Management Committee, reported that the Committee met May 13. He reported that the Negotiating Committee for the Recycling and Solid Waste Center has met with the vendors and will meet again next week. He stated that there is continued discussion in the area of solid waste financing and he will give a discussion at length on this subject at the June 1 Board meeting. He stated that Mrs. Livesay is chairing a sub -committee of the Solid Waste and Resource Management Committee which is working on revisions to the Solid Waste Management Plan. The target is to have final approval of revisions to the Plan before the end of 1993. He reminded Board members that Marcal will have a tree planting ceremony at the Recycling and Solid Waste Center and all are welcome to attend. Mrs. Livesay, Intergovernmental Representative, stated that she will be distributing a packet of pending legislative resolutions to Board members so that committees can review these and possibly act on them June 1. Mrs. Call, Chairman, Budget and Administration Committee, stated that the committee met May 10 and reviewed Administrative policies and will continue work on this in June. She stated that the committee received the first quarter financial report and stated that she feels the Fiscal Plan was absolutely necessary and that it is working. She reported that the proposed Scanner Accuracy Law was tabled indefinitely at that meeting. The next committee meeting will be June 7 at 11:30 a.m. Mr. Heyman, County Administrator, reported that he will be submitting a reorganization structure for his office which will result in a cost savings. He stated that a video on total quality management is available for Board members, Department Heads and any staff that would like to watch. Cheryl Nelson, Chair, Employee Council, reported that the committee met on May 5 and discussed whether it is alright for employees to speak to Board members. She stated that the committee was asked to develop a list of questions or concerns that employees might have for candidates for the position of Personnel Commissioner. She stated that the next meeting will be June 2 at 9 a.m. at the Ithaca Tompkins Transit Center. Mr. Mulvey, County Attorney, reported that he intends to have a report and recommendation in June on the status of the Collins' bankruptcy matter. On motion of the appropriate committee chairman and duly seconded and unanimously adopted by voice vote the followingresolution was added to the agenda: Support of Assembly Bill 2384 Pertaining to Collection of Sales Tax at Cornell's Statler Hotel Chairman Watros gave the appropriate committee chairman permission to withdraw from the agenda, the following resolutions: 132 May 18, 1993 Authorizing a Public Hearing - Lease Agreement with the Federal Aviation Administration (FAA) - Land at the Tompkins County Airport Used for a Visual Approach Slope Indicator (VASI) Air Navigation Aid Responsibility for County Bridges on Town Highways Chairman Watros gave the appropriate committee chairmen permission to withdraw from the agenda the following resolutions with final committee action being affirmed: CA053-93 - Budget Adjustments and Appropriations - Various Departments CA054-93 - Amendment of Resolution No. CA043-93 - Budget Adjustments and Appropriations - Various Departments CA055-93 - Authorization to Contract - Task Force for Battered Women - Depaitiiient of Social Services RESOLUTION NO. 137 AUTHORIZATION TO APPLY FOR U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FUNDS FOR SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Moved by Mr. Stein, seconded by Mr. Proto, and unanimously adopted by voice vote. WHEREAS, Tompkins County is eligible to apply for U.S. Department of Housing and Urban Development Funds for Small Cities Community Development (HUD) funds through its Small Cities Community Development Block Grant (SCCDBG) program, and WHEREAS, the County has an application which meets the eligibility requirements to receive funds through the SCCDBG program, and WHEREAS, the County has held the required public hearing for the application before final Board of Representatives approval, now therefore be it RESOLVED, on recommendation of the Planning Committee, That the County Planning Department is authorized to complete an application to HUD for SCCDBG funding, RESOLVED, further, That the County Administrator or his designee is authorized to sign the application on behalf of the Board. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 138 - AWARD OF BID - RUNWAY 14 EXTENSION AND PARALLEL TAXIWAY - TOMPKINS COUNTY AIRPORT Moved by Mr. Winch, seconded by Mr. Culligan, and unanimously adopted by voice vote. WHEREAS, the Division of Purchasing and Central Services has duly advertised for bids to construct an extension to Runway 14 and parallel taxiway, together with a new mandated signage program and wetlands compensation, in accordance with specifications as approved by the Public Works and Construction Management Committee, the Federal Aviation Administration (FAA), and the New York State Department of Transportation (NYSDOT), and WHEREAS, three bids were received and publicly opened and read on April, 28, 1993, now therefore be it RESOLVED, on recommendation of the Public Works and Construction management Committee, That the bid for construction of the runway extension be awarded to Chemung Contracting Corporation of Pine City (nr. Elmira , New York as being the lowest responsible bidder in the amount of $3,274,587, subject to agreement by the FAA and NYSDOT, RESOLVED, further, That the County Administrator is hereby authorized to execute a contract with Chemung Contracting Corporation to implement this bid, 133 May 18, 1993 RESOLVED, further, That the Comptroller is hereby authorized to borrow monies until reimbursement is received from the FAA, NYSDOT, and Passenger Facility Charges (PFC's), and that the funding sources shall be as follows: FAA Share (90%) Account No. HU5610.4592 $2,947,128 NYSDOT Share (5%) .3592 163,729 PFC's Share (5%) .2831 163,730 Total Account No. HU5610.9239 $3,274,587 RESOLVED, further, That a project contingency of ten percent be established, funds being available in Account No. HU5610.9239 and the County Administrator be authorized to sign future change orders up to the project contingency amount. SEQR ACTION: TYPE I (NEGATIVE DECLARATION ON FILE) RESOLUTION NO. 139 - AWARD OF BID - CONSTRUCTION OF THE NEW T -HANGARS - TOMPKINS COUNTY AIRPORT Moved by Mr. Winch, seconded by Mr. Todd, and unanimously adopted by voice vote. WHEREAS, the Division of Purchasing and Central Services has duly advertised for bids for the construction of the new T -Hangars at the Tompkins County Airport, and WHEREAS, bids were received for the two (2) contracts and publicly opened on Friday, May 14, 1993, now therefore be it RESOLVED, on recommendation of the Public Works and Construction Management Committee, That the bid be awarded as follows: CONTRACT DESCRIPTION CONTRACTOR AWARD AMOUNT General Construction Daniel J. Lynch $292,800 Endwell, New York Electrical John Rogers Electrical $ 24,686 Binghamton, New York RESOLVED, further, That the County Administrator or his designee be and hereby is authorized to execute agreements on behalf of Tompkins County for the implementation of these bids, RESOLVED, further, That the project contingency of ten (10) percent of the contracts total be allocated for miscellaneous project expenses, staff services, and change orders not to exceed $82,514, RESOLVED, further, That all funds for said project are available in the Capital`Account. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 140 - AUTHORIZING SUPPLEMENTARY AGREEMENT NO. 2 WITH C&S ENGINEERS, INC. FOR DESIGN OF AIRCRAFT RAMP AND TAXIWAY CONNECTOR - SERVICES IN CONNECTION WITH ACQUISITION OF A NEW STATE POLLUTANT DISCHARGE ELIMINATION SYSTEM (SPDES) DISCHARGE PERMIT Moved by Mr. Winch, seconded by Mrs. Schuler, and unanimously adopted by voice vote. WHEREAS, there are changes to the Airport's drainage pattern brought about by the New Terminal Project and the runway extension, and WHEREAS, the New York State Department of Environmental Conservation (DEC) requires a modification to the State Pollutant Discharge Elimination System (SPDES) permit, now therefore be it RESOLVED, on recommendation of the Public Works and Construction Management and Budget and Administration Committees, That a supplementary agreement for $7,626 with C&S Engineers, Inc. be hereby approved and that the County Administrator be authorized to execute said supplementary 134 May 18, 1993 agreement, subject to approval by the Federal Aviation Administration (FAA) and New York State Depai tuient of Transportation (NYSDOT), and that the funding sources shall be as follows: FAA Share (90%) Account No. 5610.4592 $6,863 NYSDOT Share (5%) Account No. 5610.3592 381 PFC's (5%) Account No. 5610.5031 382 Total Account No. 5610.9239 $7,626 RESOLVED, further, That the Comptroller be authorized to borrow monies until reimbursement is received from the FAA, NYSDOT and Passenger Facility Charges (PFC's). SEQR ACTION: TYPE I (NEGATIVE DECLARATION ON FILE) RESOLUTION NO. 141 - AUTHORIZATION TO EXECUTE LEASE AGREEMENT WITH ODYSSEY RESEARCH ASSOCIATES, 1992-1994 Moved by Mr. Winch, seconded by Mr. Stein, and unanimously adopted by voice vote. RESOLVED, on recommendation of the Public Works and Construction Management Committee, That the County Administrator is directed to execute a lease agreement with Odyssey Research Associates for the years of 1992, 1993 and 1994. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 142 - AWARD OF BID - BUFFALO ROAD BRIDGE REPLACEMENT Moved by Mr. Winch, seconded by Mr. Proto, and unanimously adopted by voice vote. There was discussion concerning the extraordinary cost of replacing this bridge. Mr. Mobbs, Commissioner of Public Works, stated that the cost is offset by other bridges costing less to replace. Mrs. Livesay inquired about the schedule for maintenance of bridges including maintenance of the Forest Home bridge. Mr. Mobbs stated that maintenance of the bridge has not been scheduled because the issue of ownership of the bridge has yet to be resolved. Chairman Watros requested the Committee to resolve this issue at the next Board meeting. WHEREAS, the Division of Purchasing and Central Services has duly advertised for bids for Buffalo Road Bridge Replacement, and WHEREAS, seven (7) bids were received and duly opened April 29, 1993, now therefore be it RESOLVED, on recommendation of the Public Works and Construction Management Committee, That the bid be awarded to G. DeVincentis Construction of Binghamton, New York as the lowest responsible bidder with a base bid of $364,821.20, RESOLVED, further, That the Department of Public Works be and hereby is authorized to execute an agreement on behalf of Tompkins County, RESOLVED, further, That the Commissioner of Public Works be and hereby is authorized to execute project change orders up to $35,000, RESOLVED, further, That all funds for said project are available in the 5110.4411. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 143 - CREATION OF POSITION - KEYBOARD SPECIALIST - TEMPORARY - PCAP Moved by Mrs. Call, seconded by Mr. Proto, and unanimously adopted by voice vote. 135 May 18, 1993 RESOLVED, on recommendation of the Health and Education and Budget and Administration Committees, That one position of Keyboard Specialist (05/507), labor grade E, competitive class, be created for a period not to exceed seven weeks in 1993, RESOLVED, further, That the Comptroller is hereby authorized and directed to make the following transfer on his books: FROM: 4023.2214 Office Furnishings $ 533 .2222 Communication Equipment 700 .4402 Legal Advertising 934 TO: 4023.1507 Keyboard Specialist $ 2,167 SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 144 - 1994 HUMAN SERVICES COALITION BUDGET REVIEW GUIDELINES Moved by Mrs. Call, seconded by Ms. Mink, and unanimously adopted by voice vote. WHEREAS, the Board of Representatives desires Tompkins County funds for health and human service agencies that are not included in County departmental budgets nor reviewed by any County department heads to be allocated in a manner that best meets the needs for these services, and WHEREAS, the Human Services Coalition is established and funded in part by Tompkins County to provide an objective overview of health and human service needs and provisions based on expert analysis, and WHEREAS, it is expected that the Human Services Coalition will strive to optimize the use of available funds for the delivery of services in Tompkins County and advocate for new services for which a need has been determined, now therefore be it RESOLVED, on recommendation of the Human Services and Budget and Administration Committees, That the Human Services Coalition is requested, pursuant to the 1992 contract with Tompkins County, to recommend to the Board of Representatives, no later than September 1, 1993, a minimum of $209,536 plus the inflation increment specified in the 1993-94 Fiscal Plan. The Human Services Coalition may recommend additional funding to address the needs of human services in the County. These recommendations may be treated as special requests by the County, RESOLVED, further, That the following process shall be used by the Coalition in its review of requests for the funding: 1. The Coalition may recommend funding for a portion of a request; 2. The Coalition is not required to recommend expenditure of all of the funds allocated by the County; 3. By September 1, 1993, the Human Services Coalition shall present the results of its review of all requests within the dollar allocation as established by the Board of Representatives; 4. Special situations shall be referred, to the Chairman of the Budget and Administration Committee before the Coalition begins its review process; 5. The Coalition may discontinue its review of any agency application; in the event this occurs, the Board of Representatives shall be notified and all documentation shall be provided by the Coalition of its reasons for taking such action; 6. Funding applications must state the benefits to be derived from implementation of the program and the specific goals of the program; 7. If, during the review process, a program does not meet the minimum standards established by the Human Services Coalition, the Coalition may consider recommending conditional funding. The Coalition will recommend the conditions of the funding. 8. If any agency decides not to offer a service, or the Human Services coalition determines during the review process that a provider is no longer able to offer the service, but the need for the service is still found to be high, the Human Services Coalition may request that money be encumbered for that 136 May 18, 1993 service, subject to final review and recommendation by the Human Services Coalition to the Human Services Committee. 9. If any program, previously reviewed through the Human Services Coalition process, is to be reviewed through any other County process in 1993, the 1993 dollars attached to the program will be part of the review process. RESOLVED, further, That the Coalition will use as the basis for allocation of funds the following criteria: 1. Severity of the need that the program identifies and addresses in Tompkins County; 2. Financial need of the client population; 3. Effect on the Tompkins County community if the service is not available or is available at a reduced level; 4. Agency's organizational ability to deliver proposed services and meet the needs of clients; 5. Effectiveness of agency planning, and management of fiscal and personnel resources; 6. Agency financial need, including needs caused by cost of living increases; Where necessary, the Coalition's recommendations shall also take note of problems concerning duplication of service or countywide service delivery, though these should not be scored among the above criteria in the evaluation instrument, RESOLVED, further, That in its 1994 Work Plan, the Coalition will continue a systematic review of all agencies receiving health or human service grant funding from Tompkins County. This review shall evaluate efficiency of agency administration and effectiveness of service delivery. The Coalition shall make a recommendation to the appropriate program committee and the Budget and Administration Committee for recommending to the Board of Representatives by December 1, 1993 a plan for this review and specific actions to be taken in 1994, RESOLVED, further, That the Human Services Committee in coordination with the Human Services Coalition is asked to continue exploration of multi-year funding and other areas, as part of looking at the entire funding review process, RESOLVED, further, That the Human Services Coalition take the lead in helping agencies find ways to consolidate common costs, like administrative services, space, etc., RESOLVED, further, That at the close of the review process, the Coalition shall conduct an annual written survey of the agencies, soliciting feedback, suggestions and constructive criticism on the review process and the activities of the Coalition, and that a summary of the results of this survey shall be distributed to the agencies and to the Human Services Committee, RESOLVED, further, That the Human Services Coalition will evaluate and update its plan to reduce the total time and money agencies must spend on local review by funders for the 1994 funding cycle and continue to reduce time and money agencies spend on review in the future. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 145 - REFUND OF ELECTION EXPENSE PAYMENTS Moved by Mrs. Call, seconded by Mr. Proto, and unanimously adopted by voice vote. WHEREAS, during 1992 the County Comptroller billed the municipalities for their share of election expenses, and WHEREAS, subsequent to this billing the State Comptroller issued an opinion advising that election expense chargebacks by county government were not fully authorized by the Election Law, and WHEREAS, the majority of municipalities within the County have advised that they would not remit payment on election expense billings because of the New York State Comptroller's opinion, and WHEREAS, the Towns of Caroline and Danby have paid their 1992 election expense charges and have now requested that their payments be refunded, now therefore be it RESOLVED, on recommendation of the Budget and Administration Committee, That the Comptroller is hereby authorized to refund 1992 election expense payments remitted by the Towns of Caroline and Danby. 137 May 18, 1993 SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 146 - ESTABLISHING BOARD MEMBER SALARIES - 1994-1997 (Amended by R.365 of 1993) Moved by Mrs. Call, seconded by Mr. Shurtleff. Mrs. Call stated that the Budget and Administration Committee discussed this resolution at length and decided to bring it to the full Board for discussion. Mr. Shurtleff stated that he feels strongly that by setting Board members salaries too low, it discriminates against the lower income segment of the population that may wish to be on the Board. It was Moved by Mr. Shurtleff, seconded by Ms. Mink, to increase Board salaries to $10,000 each year for the four year period. Mrs. Livesay suggested an average of $10,000 over the four year period and maintaining an annual increase. Mr. Culligan stated that he feels this amendment is aimed at the working person and the only way this would work, a lot of things would have to change because working people cannot attend committee and other meetings that are scheduled during the work day. Mrs. Livesay stated that she disagreed with this statement because she feels meeting times are scheduled to meet the needs of committee members. Mr. Lerner stated that he feels the point trying to be made by Mr. Shurtleff is that there are several people in the community who would make very good Board members but cannot afford to maintain a full-time job and serve on the Board. By having a reasonable Board salary, combined with income from a part- time job, an individual may be less burdened financially which would allow them to serve. Mr. Stein stated that he sees the difference between the original proposal and the amendment totaling $2,800 for four years for each Board member. He stated that although he believes the issue is valid, an increase of this amount would not make a difference. Mr. Culligan and Mr. Evans cautioned against increasing Board salaries too much because the current CSEA contract will expire at the end of the year and it may send a message to employees that would make negotiations more difficult in the Fall. Mr. Evans stated that he does not feel the argument that the increase proposed in the amendment will make a difference in attracting the public is valid because it is only a slight increase. Mr. Joseph stated that the issue of getting paid for time spent working on Board activities is very important to him. He stated that he quit a half-time position in order to take on the responsibilities associated with serving and relies on being compensated with at least a half-time salary. Mr. Todd stated that he looks at this job as public service and thinks that to attract a larger group of candidates, committee and other meetings will have to be held in the evening as they were in the past. Mr. Todd stated that this Board has to set an example of prudence for Tompkins County Government and taxpayers. It was Moved by Mr. Todd, seconded by Mr. Winch, to amend the amendment by substituting the following salaries, and leaving in place the Chairman receiving a salary of 1.5 percent above Board members: RESOLVED, on minority recommendation of the Fiscal Affairs Committee, That the annual salary for the members of the Board of Representatives is hereby established as follows: Effective January 1, 1994 $ 8,450 Effective January 1, 1995 8,600 Effective January 1, 1996 8,750 138 May 18, 1993 Effective January 1, 1997 8,900 Mr. Proto stated that there is something to be said for being paid what is fair and sees a different perception amongst Board members. However, he does not think that the dollar amount that is being disputed will make a difference. Mrs. Call stated that the Board should consider the perception the public will have if the salary increases by a large percentage. She expressed caution due to it soon being negotiation time and also referred the cost of living increase that will be built into the Fiscal Plan and will govern the budget increases. A roll call vote on the amendment to the amendment resulted as follows: Ayes - 5 (Representatives Culligan, Evans, Proto, Todd and Winch), Noes - 10 (Representatives Call, Joseph, Lerner, Livesay, Mason, Mink, Schuler, Shurtleff, Stein and Watros). Motion Lost. A roll call vote on the amendment resulted as follows: Ayes - 6 (Representatives Joseph, Lerner, Livesay, Mink, Schuler and Shurtleff), Noes - 9 (Representatives Call, Culligan, Evans, Mason, Proto, Stein, Todd, Watros and Winch). Motion Lost. A roll call vote on the original resolution resulted as follows: Ayes - 10 (Representatives Call, Joseph, Lerner, Livesay, Mason, Mink, Schuler, Shurtleff, Stein and Watros), Noes - 5 (Representatives Culligan, Evans, Proto, Todd and Winch). Adopted. RESOLVED, on recommendation of the Fiscal Affairs and Budget and Administration Committees, That the annual salary for the members of the Board of Representatives is hereby established as follows: Effective January 1, 1994 $ 8,650 Effective January 1, 1995 9,050 Effective January 1, 1996 9,500 Effective January 1, 1997 10,000 RESOLVED, further, That the annual salary for the Board of Representatives Chairman is hereby established as follows: Effective January 1, 1994 $ 12,975 Effective January 1, 1995 13,575 Effective January 1, 1996 14,250 Effective January 1, 1997 15,000 SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 147 - CHANGE ORDER NO. 3 - MALCOLM PIRNIE - TOMPKINS COUNTY RECYCLING AND SOLID WASTE CENTER Moved by Mr. Lerner, seconded by Mr. Evans. A voice vote resulted as follows: Ayes - 14, Noes - 1 (Representative Proto). Adopted. WHEREAS, the following Change Order relative to Resolution No. 91 dated March 17, 1991 was approved by the Solid Waste and Resource Management Committee: Change Order No. 3 - Malcolm Pirnie and its sub -consultants, shall be authorized to provide contract negotiations with the performed vendors for the Recycling and Solid Waste Center. now therefore be it RESOLVED, on recommendation of the Solid Waste and Resource Management Committee, That the county is authorized to execute said Change Order in an amount not to exceed $11,500 to be funded from Account No. HH8167.9269. 139 May 18, 1993 SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 148 - AWARD OF BID - TELEVISION EQUIPMENT Moved by Ms. Mink, seconded by Mr. Mason. Following a brief discussion, Mr. Lerner called the question. A voice vote on calling the question resulted as follows: Ayes - 14, Noes - 1 (Representative Proto). Motion carried. A voice vote resulted as follows on the resolution: Ayes - 13, Noes - 2 (Representatives Proto and Todd). Adopted. WHEREAS, the Division of Purchasing and Central Services has duly advertised for bids for the purchase of television equipment, and WHEREAS, two (2) bids were received and publicly opened on May 13, 1993, now therefore be it RESOLVED, on recommendation of the Public Information Committee, That the bid be awarded in the following configuration: For Purchase Only Including Operation Manuals: Advance Video System Panasonic AG -455U $3,170.00 Owego, New York S -VHS Camcorders JVC TM-1400SU 14" $ 599.00 Color Monitor For Purchase and Installation, Including Operation Manuals: VIDEOSOUND of Ithaca, Inc. Telex Audiocom $1,853.13 Ithaca, New York Intercom Bogen Tripods $ 814.35 Panasonic WJ-MX50 $4,427.50 Digital Video Mixer FOR.A Digital Time $3,456.25 Base Corrector RESOLVED, further, That the County Administrator be authorized to implement this bid on behalf of Tompkins County, funds to be provided from Account No. AA1989.4906. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 149 - SUPPORT OF ASSEMBLY BILL 2384 PERTAINING TO COLLECTION OF SALES TAX AT CORNELL'S STATLER HOTEL Moved by Mr. Stein, seconded by Mr. Evans, and unanimously adopted by voice vote. RESOLVED, on recommendation of the Planning Committee, That the Tompkins County Board of Representatives supports Assembly Bill 2384 which, in essence requires that an educational institution which operates a hotel of one hundred or more rooms collect sales tax from its customers who do not qualify for a sales tax exemption pursuant to section 1116(A) of the New York State Tax Law, RESOLVED, further, That the Tompkins County Board of Representatives requests that a companion bill be introduced in the New York State Senate by Senators Seward and Kuhl, RESOLVED, further, That this resolution be forwarded to Senators Seward and Kuhl and Assemblyman Luster. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) Chairman Watros declared recess from 9:07 p.m. to 9:13 p.m. 140 May 18, 1993 It was Moved by Mrs. Call, seconded by Mr. Evans, and unanimously adopted by voice vote, to enter into executive session at 9:13 p.m. to discuss a personnel matter. The meeting returned to open session at 9:25 p.m. On motion of the appropriate committee chairmen and duly seconded and unanimously adopted by voice vote, the following appointments were made to various advisory boards: Soil and Water Conservation District Term expires December 31, 1993 Tim Joseph - County Board member Solid Waste Annual Fee Appeals Board Terms effective for 1993 only Edward Cope Andy Lavigne On motion, the meeting adjourned at 9:26 p.m. 141 June 1, 1993 Regular Meeting Vice Chairman Mason called the meeting to order at 5:30 p.m. Members and guests participated in the Pledge of Allegiance. Present: 14 Representatives. Excused: 1 (Chairman Watros). The minutes of May 18, 1993 were approved as corrected. Vice Chairman Mason read a proclamation declaring the week of June 4-11, 1993 as Manufacturing week in Tompkins County. Under privilege of the floor, James Ellis, Department of Social Services employee, stated that he recently has been diagnosed with Sick Building Syndrome. He stated that he feels that relocating employees to different areas in the building does not take care of the problem. He stated that he believes the building is causing him to be very sick and that it is a very serious situation which he hopes will be taken care of immediately. Under privilege of the floor, Yvonne Bartlett, Depai lment of Social Services employee, spoke concerning the Sick Building Syndrome. Ms. Bartlett stated that she has heard there is a proposal to take all the workers who suffer from Sick Building Syndrome and put them in a separate room and do only paperwork. She stated that she is opposed to any idea that does not allow the workers to interview clients as she was trained to do. Ms. Bartlett stated that she does not feel all necessary steps are being taken. Under privilege of the floor, Duane Bonowitz, spoke in support of the resolution on the agenda entitled Urging New York State Government to Consider Alternatives to Land Disposal of Low Level Radioactive Wastes. Mr. Bonowitz spoke concerning pollution and stated that every dump site that has been built to date has suffered leakage with cleanup costs that run into billions of dollars. Mr. Bonowitz urged the adoption of this resolution. Under privilege of the floor, Betty Bonowitz, spoke in support of the resolution on the agenda entitled Urging New York State Government to Consider Alternatives to Land Disposal of Low Level Radioactive Wastes. Mrs. Bonowitz stated that her family has a camp on Lake Ontario and has been told that they need to limit eating fish from the Lake to once a week due to possible contamination of Low Level Radioactive Wastes. Mrs. Bonowitz stated that an informational meeting will be held at the Cortland County Office Building on June 3 to discuss this issue. Under privilege of the floor, Dooley Kiefer, 629 Highland Road, Ithaca, spoke concerning the resolution on the agenda entitled Urging New York State Government to Consider Alternatives to Land Disposal of Low Level Radioactive Wastes. Ms. Kiefer stated that she feels New York State should segregate waste by hazardous life and any monitored retrievable storage makes sense for at least the next twenty years as some redefining of low level radioactive waste may be redefined as high level. Ms. Kiefer stated that she supports this resolution and urged its adoption. Under privilege of the floor, Joel Rabinowitz, Elm Street, Groton, stated he is sympathetic to those who spoke concerning Sick Building Syndrome. He spoke in support of the resolution on the agenda entitled Urging New York State Government to Consider Alternatives to Land Disposal of Low Level Radioactive Wastes. Mr. Rabinowitz stated he feels this is relevant to Tompkins County because of the following reasons: self interest, it is a State issue of great significance, this is a rural issue which focuses on rural upstate New York areas, the possibility exists that a federalized disposal site could be made into a centralized low level radioactive waste site and this is a regional issue. 142 June 1, 1993 Under privilege of the floor, Dana Paul, Lansing, spoke in support of the resolution on the agenda entitled Urging New York State Government to Consider Alternatives to Land Disposal of Low Level Radioactive Wastes and asked that Tompkins County lead the way in the responsible handling of low level radioactive waste. Under privilege of the floor, Dorothy Pomponio, Elm Street Groton, spoke in support of the resolution on the agenda entitled Urging New York State Government to Consider Alternatives to Land Disposal of Low Level Radioactive Wastes. Ms. Pomponio spoke of a successful on site storage program operating in Ontario County. She stated that any low level radioactive site in New York State risks being federalized. Under privilege of the floor, Rebecca Vallely, Groton, stated that she would like to receive a breakdown of recycling costs for Tompkins County. Under privilege of the floor, Mrs. Livesay, Intergovernmental Representative, introduced Denise Cotie Hopkins, Cortland County. Mrs. Livesay commended Cortland County for creating within their Planning Department an office and staff whose job it has been to gather and disseminate information on the complicated and little understood subject of low level radioactive waste. Ms. Hopkins expressed her support for the passage of the resolution on the agenda entitled Urging New York State Government to Consider Alternatives to Land Disposal of Low Level Radioactive Wastes and stated that she is impressed by Tompkins County residents being so well informed on this issue. She stated that Cortland County has tried to make it known that this is an issue which affects everyone and through studies in Cortland County they have come to learn of radioactive uses in medial and research applications. They have also studied the role the nuclear power companies play in the generation of the waste. She stated that there will be much activity on this issue at the State Legislative session before the end of July. She said the resolution proposed by Tompkins County will go to other counties such as Erie, Cattaraugus, Allegheny, Cortland and the City of Buffalo and that Tompkins County is not alone in this issue. One possible solution to the problem could be storage at point of generation. Ms. Cotie Hopkins described the storage process for low level and high-level radioactive waste and how the disposal process is handled. She said that if the on-site storage proposal was chosen it could help our medical and academic generators from being thrown into a crisis. Under privilege of the floor, Mr. Lerner, Chairman, Solid Waste and Resource Management Committee, responded to Ms. Vallely's request for information on the breakdown of recycling costs. Mr. Lerner stated that this is being worked on and should be available by the June 29 Special Board meeting. Under privilege of the floor, Ms. Mink, Chair, Human Services Committee, responded to comments made under privilege of the floor pertaining to the Sick Building Syndrome situation at the Department of Social Services. She stated that a packet of information was sent to Ms. Bartlett today which answers most of the questions she had asked for. Ms. Mink stated that she attended a Task Force meeting on this issue on May 17 and it seemed clear to her that positive steps were being taken to break down the questions that were raised including the writing of a physician's note to get the proprietary information on the carpets, glues, etc. She stated from her point of view the Human Services Committee and the Board of Representatives are well aware of the situation and are doing their best to oversee a rapid conclusion to this situation. Under privilege of the floor, Mr. Winch, Representative, District No. 8, expressed his appreciation to Denise Cotie Hopkins for educating the people of New York State on the issue of radioactive waste. Mr. Winch also stated that he feels this should be a business expense and generators should take care of their of own waste. 143 June 1, 1993 Under privilege of the floor, Vice Chairman Mason announced that Sheriff Emery Guest underwent bypass surgery today and word was received prior to the Board meeting that the prognosis looks well. On behalf of the Board, Mr. Mason expressed sincere get well wishes to Sheriff Guest. Mr. Proto, Chairman, Health and Education Committee, stated that Mr. Evans, Vice Chairman, attended the Tompkins Cortland Community College graduation ceremony. Mr. Evans stated that the ceremony was very impressive and referred to the accomplishment of a disabled graduate who will be going on to Cornell University. Mr. Evans said that he is proud to represent a County which offers such opportunity. Mr. Proto stated he attended a formal reception in Cortland County for the 133 Spanish students that have arrived from Madrid that are enrolled in TC3. He stated that this program will generate approximately $230,000 for the College this year. He reported that the Committee met May 25 and had a very extensive presentation from Cooperative Extension pertaining the Women's Financial Management Program that Cooperative Extension is supporting. He stated that the Lead Program has accepted a $40,000 grant. Mr. Proto also said that the County. will be re -endorsing the Community Mental Health Resources Bill and urging the Legislature to give a portion of savings from the Bill to communities which the deinstitutionalized mental health clients are placed. He reported that the Mental Health Department may be faced with a shortfall of State funding in its budget of $220,000 but stated that due to federal salary enhancement funds and economies in the Department the Department may be able to meet its budget. The next Committee meeting will be June 29. Mr. Evans, Chairman, Personnel Committee, reported that the Personnel Committee met May 27 and discussed the freedom of speech rights for employees. Mr. Mulvey, County Attorney, will be preparing a policy on this which will be forwarded to the Employee Council then to the CSEA for comment. He stated that the final employee evaluation form for the four employees which report to the Board are in each member's box. He asked that these be returned by the next Board meeting. He reported that the appointment of the Commissioner of Personnel will be made by Mr. Heyman, County Administrator, at the appropriate time in the meeting and also reported that the selection process has begun for the Public Health Director. Ms. Mink, Chair, Human Services Committee, reported that the Committee met this morning and had a presentation from Jeff Curtis, Director of the Child Care Consortium of Cornell University on developing a public/private partnership on funding services for childcare in the County. The Committee received positive reports on consolidation of human services and youth services and should meet its July 1 deadline. Mr. Stein, Chairman, Planning Committee, reported that a special Committee meeting will be held on June 3. He reported that the New York Thruway Authority has taken over the Barge Canal and a process has begun which is aimed at development for economic purposes and assisting the communities along the Canal on various types of economic activity. There will be a meeting in June which is aimed at informing the public on this issue. Mr. Winch, Chairman, Public Works and Construction Management Committee, reported that Committee business is reflected on the agenda. Mr. Todd, Chairman, Fiscal Affairs Committee, reported that the Committee met on May 26 and discussed having a community survey this year and stated that the Committee has not made any decisions at this time. Mr. Heyman, County Administrator, reported on the May 27 Fiscal Affairs Committee meeting which Mr. Todd was excused. He stated the Committee made a recommendation on the Fiscal Plan for 1994 which does include a pool of priorities money. The procedure for allocating these has not yet been established. The Plan has been forwarded to the June 7 Budget and Administration Committee meeting. The next Committee meeting will be June 9 at 2 p.m. Mr. Lerner, Chairman, Solid Waste and Resource Management Committee, reported that the Committee met on May 27. The Negotiating Committee on the Central Processing Facility had its last 144 June 1, 1993 meeting and voted unanimously by members present to enter into a contract with CRInc. as the preferred vendor for the Central Processing Facility. A final phase of negotiations will begin and will follow by action at the June 29 special Board meeting. Mr. Lerner reported on a article in the Ithaca Journal concerning illegal dumping of solid waste. He stated that the article did not include that Tompkins County has identified illegal dumping as a priority for the second quarter. A public information program on illegal dumping will be telecast on June 22 at 7 p.m. and June 24 at 9 p.m. He reported on a constitutional challenge to flow control laws which have been brought to the Boards' attention. These challenges revolve around the interstate commerce clause. Jonathan Wood, Assistant County Attorney, pointed out that flow control laws which requires waste to enter a landfill would have a different legal status than trash which comes to a transfer station. Mrs. Schuler, Vice Chairman, Public Safety Committee, reported that the Committee met on May 14 and May 18 and discussed the report prepared by Deputy County Administrator Kathy West on needs assessment for the Sheriffs Department. The Committee will meet again June 3 at noon. Mrs. Livesay, Intergovernmental Representative, brought to the attention of the Board a memo placed on desks from the Healthy Heart program which supports the proposed resolution on the agenda entitled In Support of Dedicated Fund from Cigarette Sales Tax. Mrs. Call, Chairman, Budget and Administration Committee, reported that the next Committee meeting will be June 7 at 11:30. She stated that she will ask for the Rules of the Board to be waived this evening to allow an appointment to be made. Mr. Heyman, County Administrator, reported on that copies of a video on total quality management will be available from the Clerk of the Board for Board members to watch. He reported on a workshop that will be held at Cornell University on this subject at 8 a.m. on June 11. Vice Chairman Mason reported that Mr. Mulvey, County Attorney, was excused from the meeting to attend court and that the monthly activities report from his Depaitnient has been submitted. Vice Chairman Mason gave the appropriate committee chairman permission to withdraw from the agenda the following resolutions: Ownership of Downstream Forest Home Bridge Authorizing Second Addendum - Lease Agreement with Taughannock Aviation Corporation — Tompkins County Airport Authorizing an Easement for NYSEG - Location of Power Transformer - Tompkins County Airport On motion of the appropriate committee chairman and duly seconded and unanimously adopted by voice vote by members present, the following resolution was added to the agenda: Salary Adjustment - Sheriffs Department Vice Chairman Mason gave the appropriate committee chairmen permission to withdraw from the agenda the following resolutions with final committee action being affirmed: CA056-93 - Authorization to Sign Contract for Provision of Circuit Rider Services for the Village of Lansing CA057-93 - Authorizing a Third Addendum to the Contract with Egner and Associates for Design Development and Construction Documents for the New Terminal Project CA058-93 - Authorization to Contract with the Human Services Coalition to Provide a Bathroom Safety Education Program to Seniors 145 June 1, 1993 CA059-93 - Authorization to Execute Contract - Blue Cross and Blue Shield of Central New York - Public Health and Mental Health CA060-93 - Authorization to Execute Contracts - Various Colleges/Universities - Health Department RESOLUTION NO. 150 - SUPPORT OF STATE LEGISLATION A7948 AND S4674 (GOVERNOR'S PROGRAM BILL 153) Moved by Ms. Mink, seconded by Mr. Proto, and unanimously adopted by voice vote by members present. WHEREAS, the current long term care system in the County and across the State is fragmented, confusing, and not cost effective, and WHEREAS, State Legislature Bills S4674 and A7958 create local centralized access reform to address these problems, now therefore be it RESOLVED, on recommendation of the Health and Education and Human Services Committees, That the Tompkins County Board of Representatives supports this legislation and urges its passage in the Legislature. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 151 - URGING NEW YORK STATE GOVERNMENT TO CONSIDER ALTERNATIVES TO LAND DISPOSAL OF LOW LEVEL RADIOACTIVE WASTES Moved by Mrs. Livesay, seconded by Mrs. Schuler, and unanimously adopted by voice vote by members present. WHEREAS, no state in the nation has licensed and opened a centralized disposal facility for low- level radioactive waste (LLRW) since the 1985 Low Level Radioactive Waste Policy Amendments Act of the federal government was passed, and WHEREAS, the "take title" provisions of said Act were found to be unconstitutional by the U.S. Supreme Court when challenged by New York State and the states thus were relieved of the onerous command of the "shall be responsible" provisions, and WHEREAS, in 1989 the Congressional Office of Technology Assessment found that LLRW volumes had declined by half since 1980, and were predicted to decline by half again by 1993, and although a dozen LLRW disposal facilities were slated for development, a reduced number of facilities could easily handle the nation's LLRW, and WHEREAS, a LLRW disposal facility in New York State risks becoming federalized as a national repository for other states and the federal government if it is the first state to open such a facility, and WHEREAS, the NYS LLRW Siting Commission on May 11, 1993, declared by resolution that there are no preferred sites at this time for locating a facility in New York State and will recommence site selection once a disposal method is chosen, which means potential sites may be found in any county including Tompkins, and WHEREAS, 98 percent of the LLRW that would be placed in a centralized disposal facility over the 30 to 60 year projected life of a facility when measured by radioactivity will be produced by nuclear electric generating facilities, and WHEREAS, medical and academic institutions generating LLRW will produce less than one percent of the waste over the projected life of the facility when measured by radioactivity, and WHEREAS, aboveground, monitored, retrievable storage is the preferred management method for LLRW since no technology for land burial that can effectively isolate LLRW over its entire hazardous life has been successfully implemented, and 146 June 1, 1993 WHEREAS, a draft report dated April 28, 1993, of the study conducted by New York State Energy Research Development Authority (NYSERDA) on the ability of New York's generators to store their own waste on-site has found that of the six nuclear electric generating facilities, five have the capability of storing wastes produced over the next twenty years or more and the sixth, ten years or more, now therefore be it RESOLVED, That the Tompkins County Board of Representatives urges the State of New York to consider alternatives to the development of a large-scale centralized low-level radioactive waste disposal facility for the disposal of all LLRW; that storage at the point of generation by the nuclear electric generating facilities is the most sensible means of managing their low-level radioactive waste at this time; that waste generated by hospitals, research centers, universities and similar institutions should be stored on-site for decay to the maximum extent possible and that only for such generators with inadequate storage space who have already implemented waste reduction and segregation practices, the State should develop space at a State-owned and operated nuclear electric generating facility for aboveground, monitored, waste -retrievable storage, RESOLVED, further, That this Board supports State legislation that incorporates each of the foregoing components, RESOLVED, further, That copies of this resolution be sent to Assemblyman Luster, Senators Seward and Kuhl, Governor Cuomo, New York State Supervisors and County Legislators Association and the New York State Association of Counties. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 152 - AUTHORIZATION TO EXECUTE A GRANT AGREEMENT WITH THE FEDERAL AVIATION ADMINISTRATION (FAA) FOR RUNWAY EXTENSION PROJECT - TOMPKINS COUNTY AIRPORT Moved by Mr. Winch, seconded by Mr. Proto, and unanimously adopted by voice vote by members present. WHEREAS, the County has received a grant offer from the Federal Aviation Administration (FAA) in the amount of $3,442,000 (Discretionary Funding) towards the cost of the Runway Extension project which includes mandatory signage and wetlands compensation programs, and WHEREAS, the budget for said project is as follows: FAA Share (90%) Account No. 5698.4592 $3,442,000 NYSDOT Share (5%) Account No. 5698.3592 191,222 PFC's (5%) Account No. 5698.5031 191,222 Total Account No. 5698.9213 $3,824,444 RESOLVED, on recommendation of the Public Works and Construction Management Committee, That the FAA grant offer in the amount of $3,442,000 be and hereby is accepted and that the County Administrator is authorized to execute the required documents. SEQR ACTION: TYPE I (Negative Declaration on File) RESOLUTION NO. 153 - AUTHORIZING A CONTRACT WITH THE FEDERAL AVIATION ADMINISTRATION (FAA) - LEASE OF AIRPORT LAND FOR VISUAL APPROACH SLOPE INDICATOR (VASI) Moved by Mr. Winch, seconded by Mr. Culligan, and unanimously adopted by voice vote by members present. 147 June 1, 1993 WHEREAS, the Federal Aviation Administration (FAA) wishes to renew its lease agreement with the County for land occupied by a Visual Approach Slope Indicator (VASI) navigation aid for Runway 14 at the Tompkins County Airport together with the right of access and egress to the site for the purpose of repair and maintenance, and WHEREAS, the lease shall be for one year beginning October 1, 1992 until September 30, 1993 and shall be automatically renewable until September 30, 2007, now therefore be it RESOLVED, on recommendation of the Public Works and Construction Management Committee, That said lease agreement is approved and the County Administrator is hereby authorized and directed to execute said lease agreement on behalf of the County with the FAA for one year, renewable annually for fifteen (15 years, expiring on September 30, 2007). SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 154 - AWARD OF CONTRACT - CONTRACT ADMINISTRATION AND INSPECTION SERVICES FOR RUNWAY EXTENSION PROJECT - TOMPKINS COUNTY AIRPORT Moved by Mr. Winch, seconded by Mr. Todd. Mr. Stein stated that he sees this as a lot of money to be spent on overseeing the construction of a runway. Mr. Todd stated that although he does not disagree with Mr. Stein, he does not feel qualified to judge Calocerninos and Spina. Mr. Nicholas, Airport Manager, stated that the Federal Aviation recognizes a cap of ten percent and stated that this is not just pouring concrete, it requires a large amount of testing and sampling. Following discussion, a voice vote resulted as follows: Ayes - 9 (Representatives Call, Culligan, Evans, Livesay, Mason, Proto, Shurtleff, Todd and Winch), Noes - 5 (Representatives Joseph, Lerner, Mink, Schuler and Stein), Excused - 1 (Chairman Watros). Adopted. WHEREAS, a Request for Qualification (RFQ) was issued to the six airport consulting engineers most proximate to the Airport, in accordance with the procedures outlined in Federal Aviation Administration (FAA) Advisory Circular No. 150/5100-14B, with two (2) of these firms submitting qualifications, and WHEREAS, after using evaluation criteria outlined in said Advisory Circular, the Public Works and Construction Management Committee has selected the firm of Calocerinos and Spina Engineers as being the best qualified to complete the task, now therefore be it RESOLVED, on recommendation of the Public Works and Construction Management Committee, That the County Administrator be and hereby is authorized to execute a contract with said Calocerinos and Spina Engineers for an amount not to exceed $319,952 subject to approval by the FAA and New York State Depai lment of Transportation (NYSDOT) and that the budget for the inspection be as follows: FAA Share (90%) Account No. 5698.4592 $287,956 NYSDOT Share (5%) Account No. 5698.3592 $ 15,998 PFC Share (5%) Account No. 5698.2831 $ 15,998 Total Account No. 5698.9239 $319,952 RESOLVED, further, That the Comptroller is hereby authorized to advance monies for these services until reimbursement is received from FAA, NYSDOT and from Passenger Facility Charges. SEQR ACTION: Type I (Negative Declaration on File) RESOLUTION NO. 155 - AUTHORIZATION TO CONVEY REAL PROPERTY Moved by Mrs. Call, seconded by Mr. Shurtleff, and unanimously adopted by voice vote by members present. 148 June 1, 1993 RESOLVED, That the County Administrator is directed to execute a purchase agreement and deed conveying Town of Groton Tax Parcel No. 14-1-25 to Martin and Linda LePage of Groton, New York. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 156 - ENDORSEMENT OF THE NEW YORK STATE ASSEMBLY BILL NO. 6382 AND SENATE BILL NO. 4021 EXTENDING AUTHORIZATION TO THE COUNTY OF TOMPKINS TO INCREASE THE RATE OF SALES AND COMPENSATING USE TAXES Moved by Mrs. Call, seconded by Ms. Mink. A short roll call vote resulted as follows: Ayes - 13, Noes - 1 (Representative Proto), Excused - 1 (Chairman Watros). Adopted. RESOLVED, on recommendation of the Budget and Administration Committee, That pursuant to Article IX of the Constitution of the State of New York, the County of Tompkins requests the enactment of Assembly Bill No. 6382 and Senate Bill No. 4021 endorsing "An ACT to amend the tax law, in relation to extending authorization to the County of Tompkins to increase the rate of sales and compensating use taxes", RESOLVED, further, That the appropriate officials are authorized to execute and submit Home Rule forms requesting passage of the above State legislation. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 157 - APPROPRIATION FROM CONTINGENT FUND - COORDINATED COMMUNITY CORRECTIONS PROGRAM PROPOSAL - ALCOHOLISM COUNCIL Moved by Mrs. Schuler, seconded by Mr. Joseph. A short roll call vote resulted as follows: Ayes - 14, Noes - 0, Excused - 1 (Chairman Watros). Adopted. WHEREAS, the Alcoholism Council of Tompkins County proposes to expand the intensive Outpatient Treatment Program of its clinic to provide assessment, case management, referral and treatment services as an alternative to incarceration for criminal offenders who have alcohol problems, and WHEREAS, the Public Safety Committee at its May 18 meeting supported the proposal as an opportunity for its participants to reduce the likelihood of future criminal behavior and thus incarceration, and WHEREAS, research regarding treatment of persons involved in the criminal justice system reveal an 80 percent reduction in recidivism, and WHEREAS, the Criminal Justice Advisory/Alternatives to Incarceration Board on March 29, 1993 unanimously supported and recommended to the Public Safety Committee by members present this proposal, now therefore be it RESOLVED, on recommendation of the Public Safety and Budget and Administration Committees, That the Comptroller is directed to appropriate $20,700 from A1990, Contingent Fund, to 3143.4442, Alternatives to Incarceration (Alcoholism Council), to fund the Coordinated Community Corrections Program proposal, said funding to cover costs for the June 1993 - December 1993 time period, RESOLVED, further, That this appropriation increases the Fiscal Plan target for the Public Safety Committee for 1993 by $20,700, but does not increase the 1994 target for that Committee by the same amount. SEQR ACTION: EXEMPT OR TYPE II 149 June 1, 1993 (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 158 - APPROPRIATION FROM CONTINGENT FUND - ALCOHOLISM COUNCIL'S 1993-1994 SERVICE PLAN Moved by Mrs. Schuler seconded by Mr. Lerner. A short roll call vote resulted as follows: Ayes - 14, Noes - 0, Excused - 1 (Chairman Watros). Adopted. WHEREAS, the Alcoholism Council's 1993-1994 Service Plan will provide for needed alcohol evaluations to inmates at the County Jail, and WHEREAS, funding for this purpose from Division of Probation and Correctional Alternatives to Tompkins County has been reduced to $2,379 from the original $5,504, now therefore be it RESOLVED, on recommendation of the Public Safety and Budget and Administration Committees, That the Comptroller is directed to appropriate $3,125 from A1990, Contingent Fund, to 3143.4442, Alternatives to Incarceration (Alcoholism Council), to make up the difference, RESOLVED, further, That this appropriation increases the Fiscal Plan target for the Public Safety Committee for 1993 by $3,125, but does not increase the 1994 target for that Committee by the same amount. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 159 URGING THE NEW YORK STATE LEGISLATURE AND GOVERNOR TO ENACT AND IMPLEMENT THE COMMUNITY MENTAL HEALTH RESOURCES BILL (S2020,A4239) Moved by Mr. Proto, seconded by Mr. Evans, and unanimously adopted by voice vote by members present. WHEREAS, the Tompkins County Board of Representatives, by Resolution No. 311 of 1992 supported legislation that would ensure the transfer of savings derived from the shift of mental health patients from state institutions to community programs to pay for those programs, and WHEREAS, A4239 has been introduced in the Assembly and S2020 has been introduced in the Senate and this legislation outlines a plan for the transfer of funds from state psychiatric hospitals to a dedicated fund to be used exclusively to support local community mental health services, now therefore be it RESOLVED, on recommendation of the Health and Education Committee, That the Tompkins County Board of Representatives reaffirms Resolution No. 311 and urges the passage and implementation of the aforementioned bills, RESOLVED, further, That copies of this resolution be sent to Assemblyman Luster, Senators Seward and Kuhl, Governor Cuomo, New York State Supervisors and County Legislators Association and the New York State Association of Counties. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 160 - IN SUPPORT OF A DEDICATED FUND FROM TOBACCO TAXES Moved by Mrs. Livesay, seconded by Mrs. Schuler, and unanimously adopted by voice vote by members present. 150 June 1, 1993 WHEREAS, tobacco kills more New Yorkers than alcohol, cocaine, crack, heroin, homocide, suicide, car accidents, fires and AIDS combined, and WHEREAS, tobacco is the leading cause of heart disease and is the single most preventable cause of chronic disease, and WHEREAS, the Surgeon General of the United States has determined that smoking cigarettes leads to such diseases as cancer and emphysema, and is associated with low birth weight babies and many expensive related problems, and WHEREAS, environmental tobacco smoke is responsible for an increased risk of asthma and other respiratory diseases, especially in children, as well as lung and other cancers and heart attacks, and WHEREAS, the Surgeon General of the United States has reported that over 50,000 non-smoking Americans die each year from other peoples smoke, and WHEREAS, environmental smoke has been classified as a Class A carcinogen by the Environmental Protection Agency, and WHEREAS, tobacco use costs the State more than $6 billion per year, or $4.33 per pack, in direct and indirect health care, with county governments bearing an additional share, and WHEREAS, New York's current excise tax of $.39 does not begin to cover the health costs that smoking poses on New York and its counties, and WHEREAS, New York State has raised the tax on cigarettes sold in the State of New York by $1.70 a carton, which makes a total tax of $.56 per pack, now therefore be it RESOLVED, That the Tompkins County Board of Representatives is in support of a dedicated fund derived from tobacco taxes to be used for funding health agencies and for education programs aimed at reducing tobacco usage by youths, RESOLVED, further, That copies of this resolution be sent to Assemblyman Luster, Senators Seward and Kuhl, Governor Cuomo, New York State Supervisors and County Legislators Association and the New York State Association of Counties. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 130 - SALARY ADJUSTMENT - SHERIFF'S DEPARTMENT Moved by Mr. Evans, seconded by Mrs. Livesay. Mr. Lerner stated that he has concerns with this resolution because it is his understanding that the employee affected by this is not a member of the Deputy Sheriffs' Association and that the Memorandum of Understanding does not apply. He also expressed concern that this goes directly against the Reclassification/Pay Equity Study this Board conducted approximately two years ago. The Study assigned points to identified factors in job descriptions of which supervision was one of the largest factors taken into account. One of the primary focuses of the Study was to eliminate possible gender and racial bias in the County's classification system. It is his opinion that to take a particular job which is traditionally a male job and pay it more than the reclassification system takes away from the avoidance of bias that the County spent endless time and money in order to eliminate. Mr. Heyman, County Administrator, stated that while the Memorandum of Understanding with the Deputy Sheriffs' Association does not apply to this position, and while he does not disagree with comments made by Mr. Lerner, but if there are going to be cases of supervisors making substantially less than those they supervise, a systematic approach needs to be taken. Mr. Evans stated that he feels this resolution should be adopted and that the issue should be discussed at the next negotiation session with the Deputy Sheriffs' Association. Vice Chairman Mason granted Mr. Winch's request to abstain from voting on this resolution due to a family conflict. A roll call vote resulted as follows: Ayes - 11, Noes - 2 (Representatives Lerner and Mink), Abstention - 1 (Representative Winch), Excused - 1 (Chairman Watros). Adopted. WHEREAS, a Memorandum of Understanding has been signed with the Tompkins County Sheriffs' Association which results in all promoted employees moving to working rate effective March 1, 151 June 1, 1993 1993 and subordinate staff will receive an increase in salary above the current management salary level of a supervising management employee, now therefore be it RESOLVED, on recommendation of the Personnel Committee, That the resolution of the Personnel Committee of April 1, 1993 adjusting the salary of a management staff employee is hereby affirmed. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) It was Moved by Mrs. Call, seconded by Mr. Evans, and unanimously adopted by voice vote by members present, to waive the Rules of the Board to allow appointments to be made to the Solid Waste Annual Fee Appeals Board. On motion of the appropriate committee chairmen and duly seconded and unanimously adopted by voice vote by members present, the following appointments were made to various advisory boards: Solid Waste Annual Fee Appeals Board Appointments — 1993 only Martha Preston - Delegate Robert Sweet - Alternate Tompkins Cortland Community College Board of Trustees Term expires June 30, 2002 William J. Raynor Economic Opportunity Corporation Board of Directors Term expires March 31, 1995 Thomas Lange - Village of Trumansburg representative It was Moved by Mr. Evans, seconded by Mrs. Call, and unanimously adopted by voice vote by members present, to confirm the County Administrator's appointment of Anita Fitzpatrick to the position of Personnel Commissioner for a six year term. Vice Chairman Mason declared recess from 7:49 p.m. to 8:56 p.m. At this point in the meeting Vice Chairman Mason turned the meeting over to Mr. Lerner, Chairman, Solid Waste and Resource Management Committee. Mr. Lerner distributed a written summary on solid waste expenses and stated that this would give a detailed outline of where and how money is spent on solid waste. He stated that the goal of the Program is to manage the County's solid waste in a manner that is environmentally sound, cost-effective, socially responsible and safe. Mr. Lerner expressed his thanks to Mrs. Eckstrom, Solid Waste Manager, and other staff for their work on this project. He stated that figures in his report reflect preliminary 1994 budget figures, which has not yet been reviewed by the Solid Waste Manager, County Administrator, or the Solid Waste and Resource Management Committee. Mr. Lerner reviewed the following areas of expense to the County in his presentation: Disposal Purpose - to provide for the transfer and disposal of waste from the Hillview Interim Transfer Station and enforcement of local laws governing disposal and recycling activities. Major activities include transfer, transportation, disposal, law enforcement and public information. Recycling Purpose - to divert materials from the waste stream to be reused or remanufactured into usable products rather than being disposed of. Major activities include handling, transportation, marketing and public information. 152 June 1, 1993 Waste Reduction, Collection and Related Programs Purpose - to reduce the quantity or toxicity of solid waste entering the solid waste system. Major activities include waste reduction programs, waste assessments, composting, residential curbside collection, drop-off center collection, household hazardous waste management. Old Landfills Purpose - to provide for the proper closure construction of the Hillview Road Landfill, post -closure maintenance of Hillview and Caswell landfills and debt service payments for the proposed DR -7 landfill which will not be constructed. Major activities include closure, monitoring and maintenance, leachate hauling and disposal and DR -7 debt service. Mr. Lerner's written summary contained information on each staff position within the Solid Waste Division and a brief description of responsibilities assigned to each position. He stated that he feels the program has the needed amount of staff positions at this time. Mr. Lerner stated that actual expenses are approximately $6.7 million which has to be paid for by some combination of tipping fees, property taxes, annual fee or another source of revenue. He pointed out that a major portion of the budget is devoted to bringing down the cost of disposal. The following chart is a brief summary of information contained in Mr. Lerner's report: Estimated Portion of Program Sub Program Total Budget Disposal Waste Transfer 3.9% * waste transfer personnel Transportation 14.8% * transport to landfill Disposal 23.1% * landfill fees Public Information .2% Law Enforcement .8% * flow control, illegal dumping mandatory recycling, trash tags Recycling Handling 2.8% * temporary recycling transfer Transportation 5.1% * hauling to markets Public Information and Marketing .4% Administration Management 6.4% * Solid Waste Manager and staff * office building debt service * Annual Fee administration Old Landfills Hillview and Caswell Closure * debt service Maintenance and Monitoring Leachate Disposal * leachate hauling DR -7 Debt Service 6.7% 1.7% 2.7% 1.0% Waste Interim Composting Operations 4.2% Reduction * compost materials, debt service, compost fees 153 June 1, 1993 Recycling Collection 8.8% * City of Ithaca, Superior Disposal Drop -Off Centers 3.9% * drop-off pick-up and supervision Waste Reduction 1.3% * organic waste collection, home composting, Cooperative Extension, Environmental shopper Waste Assessments 1.8% Household Hazardous Waste Management .3% * notes and included major cost items Facility Development (Capital Projects not yet in service) Recycling and Solid Waste Center Recycling Portion Disposal Portion 4.9% 5.3 The preliminary 1994 budget outlined in the report for the Solid Waste Division also includes revenues from license and permit fees, sale of Recyclables, sale of Bins, compost Fees and NYSERDA Grants. Mr. Lerner stated that the expense outlined in the chart reflects that of the interim Hillview Road composting operations but mentioned that staff is working on developing a full scale composting facility which would take restaurant and supermarket food waste and possible other compost materials. Mr. Stein asked what the impact on the budget would be when the Recycling and Solid Waste Center is on-line? Mr. Lerner stated that it is expected that revenues will be increased for the recycling program as the amount of waste transfer, handling and transportation of waste will be reduced as well as the tonnage of reyclables are expected to increase. Mr. Lerner stated the cost benefit of building the Recycling and Solid Waste Center will be discussed at the special Board meeting on June 29. Following a brief discussion, Mr. Lerner concluded his presentation stating that answers to several questions raised would be available at the June 29 Special Board meeting. On motion, the meeting adjourned at 8:42 p.m. 154 June 15, 1993 Regular Meeting Chairman Watros called the meeting to order at 5:30 p.m. Members and guests participated in the Pledge of Allegiance. Present: 14 Representatives. Excused: 1 (Representative Stein). It was Moved by Mr. Evans, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, to approve the minutes of June 1, 1993 as submitted. Chairman Watros welcomed students from the Montessori School. Under privilege of the floor, Paul Bennett, an Ithaca Attorney representing five employees of the Depailinent of Social Services alleging to have sick building syndrome, expressed his concerns and frustration for his clients who are out of work and are not receiving any compensation. He stated that to date he has not seen a concrete proposal put forth by the County showing its plans for accommodating these people. He also stated that he feels the County, as an employer, has a responsibility to its employees to provide a safe working environment. Under privilege of the floor, Yvonne Bartlett, Depaitment of Social Services employee, spoke concerning sick building syndrome. Ms. Bartlett displayed a bag containing several medications which she states she is currently taking. Ms. Bartlett stated that she has permanent damage as a result of multiple chemical sensitivities. She again requested copies of information on the Biggs A building. She made available a video tape of a CNN television program which addresses problems with carpeting. Under privilege of the floor, James Ellis, Department of Social Services employee, spoke concerning sick building syndrome. Mr. Ellis submitted a request to waive the 25 cent per copy fee that has been requested for copies of committee and Board minutes. Mr. Ellis expressed his disagreement with an article in the Ithaca Journal in which Representative Mink was quoted in which she stated that it was standard procedure to strip floors and paint rooms when people are moved. Mr. Ellis requested the Board to expedite any request that is made to resolve this issue and to work with the employees so that they may return to work. Under privilege of the floor, Mel Bartlett, husband of Yvonne Bartlett who is a Depailnient of Social Services employee, stated that he feels the situation at the Biggs complex is being handled poorly. Mr. Bartlett stated that his wife is sick because she worked in the building for a year and a half. He expressed frustration with the lack of progress being made to solve the problem. Under privilege of the floor, Margaret Marks, Department of Social Services employee, spoke concerning sick building syndrome. She expressed her frustration in obtaining information on the Biggs A building and requested the Boards' assistance in obtaining all necessary building material data sheets. Ms. Marks also expressed concern for the resolution being added to the agenda authorizing the hiring of four temporary Social Welfare Examiners. She stated that she wants and needs to work and would like to see a plan put into affect that would return workers to work who are allegedly affected by sick building syndrome. Under privilege of the floor, Mr. Proto, Representative, District No. 7, asked for the status of the Biggs A building situation and requests made by individuals for information. Ms. Mink, Chair, Human Services Committee, reported on the situation at the Biggs A building. She responded to comments made concerning a quote published in the Ithaca Journal. She stated that the article published in the Ithaca Journal was a summarization and left out important statements. Those comments concerning the striping of floors and painting of rooms were made on information she had been 155 June 15, 1993 given. She stated that it is important to recognize there are two separate issues that need to be addressed: building safety and specific problems of the workers. She stated that her immediate concern is that steps are being taken to make the Biggs building a safe building. Ms. Dolan, Commissioner of Social Services, updated the Board on the status of bringing employees back to work. She stated that bringing these people back to work require the employees, counsel, physicians, the County Attorney and the Personnel Commissioner to work together to find a location in the building or a location in another building that would meet the requirements of the employees. She stated that she hopes to enter into the necessary discussions with the employees, their counsel and physicians soon so that these people may return to work. Commissioner Dolan addressed the resolution being added to the agenda entitled Creation of Positions - Department of Social Services and stated that the Department is not processing cases according to the required timelines and, therefore, additional staff is needed to handle the backlog of work. The proposed positions do not affect the status of the positions of those out of work. Mr. Heyman, County Administrator, stated that the requests for information by Ms. Bartlett have been voluminous. He stated that the requests are being assembled as quickly as possible. Mr. Heyman stated that the County does not have disability coverage although it was offered and was turned down at the last two bargaining sessions with the Civil Service Employees Associations. Mr. Proto, Vice Chairman, Planning Committee, reported that the Committee reviewed an amendment to the Hotel Room Occupancy Tax Law. He stated that the Planning Department has put together a spreadsheet of 82 separate projects the Depaitment is involved in. Mr. Proto suggested that anyone interested in Long Range Planning obtain a copy of the schematic prepared by Joan Jurkowich on how this is going to operate. He reported that Joseph Daley will serve as Chairman and Judith Vandermark will serve as Vice Chair of the Advisory Board on Tourism Development for the remainder of 1993. The next Committee meeting will be June 17. Mr. Proto, Chairman, Health and Education Committee, stated that the Committee will meet June 29. He reported on an advisory committee meeting which he attended on children with special care needs which centered around what the State is going to do for these children. Mr. Evans, Chairman, Personnel Committee, stated that the Committee has not met since the last meeting and will meet on June 24. He updated the Board on the status of the search for a Public Health Director and a Data Processing Director. Mr. Evans welcomed Anita Fitzpatrick who recently was appointed Personnel Commissioner. Ms. Mink, Chair, Human Services Committee, reported on the consolidation of human services with the City of Ithaca and stated that the City voted unanimously at their meeting to support the proposed nine point agreement. Ms. Mink also updated on the Board on the status of a building to house human service agencies downtown and stated that Mr. Missirian, Deputy Planning Commissioner, will be asked to work on this with the City. She stated that the Department of Social Services is to be congratulated for being the recipient of two grants from New York State which total $112,000. The next Committee meeting will be July 6 at 2:30 p.m. Mr. Mason, Chairman, Public Safety Committee, reported that the Committee has met twice since the last Board meeting and have again discussed the Needs Assessment Study for the Sheriff's Department. He stated that the discussion has been quite productive and stated that the Committee has learned a great deal including what has precipitated some of the overtime. He stated that out of a total of 27 positions on road patrols, there are twenty in Deputy positions and seven in Sergeant positions. He stated that at the present time there are four Deputies out on disability or workman's compensation claims. Mr. Mason stated that several steps are being taken to resolve these problems. Mr. Winch, Chairman, Public Works and Construction Management Committee, stated that as a part of the negotiating team for the Central Processing Facility he has voiced a lot of concerns about the process and the type of building the County is getting into. However, he recently visited a facility designed by CRInc. in Maryland and many of his concerns were answered after seeing this facility. He 156 June 15, 1993 stated that on May 20 he was honored to represent the Board at the annual Historic Ithaca Dinner which presented Tompkins County with an award for their sensitive adaptation of the Old Jail to a modern office building. Mr. Winch complimented Mr. Mobbs, Commissioner of Public Works, and his staff for their fine work. Mr. Todd, Chairman, Fiscal Affairs Committee, stated that the Committee met June 9 and have advanced the Fiscal Plan to the Budget and Administration Committee. He stated that the emergency pool proposal has been withdrawn from the Plan by the Committee because it is felt additional work and discussion is needed. Mr. Lerner, Chairman, Solid Waste and Resource Management Committee, reported that the Supreme Court for the United States has just accepted for review an appeal of flow control law in Clarkstown, New York located in Rockland County. He stated that it has been pointed out by Assistant County Attorney, Jonathan Wood, that this case is very similar to Tompkins County and will be a very firm and final decision on flow control for Tompkins County. He stated that the sub -committee of the Solid Waste and Resource Management Committee which is dealing with developing new markets for Tompkins County recyclables is going to be having a presentation on July 22 at 2 p.m. in the Old Jail Conference Room. He reported that Solid Waste Office staff have moved to their new location in the Solid Waste Office Building on Commercial Avenue. Mr. Lerner reminded the Board that a Special Board meeting to discuss solid waste issues will be held on June 29. Mrs. Livesay, Intergovernmental Representative, reported that she was invited to attend a meeting in Elmira, New York where the Secretary of State and her representatives were in attendance and discussed with local officials some of the Governor's proposals for relieving the property tax. She said the main thing that they were looking for was to give more information on the proposals and to get reaction and feedback from local officials. Mrs. Call, Chairman, Budget and Administration Committee, reported that the Committee met on June 9 and set a tentative budget schedule. She stated that Representative Shurtleff proposed an exemption for the Annual Fee for those with an income lower than $5,200 and stated that while the concept is interesting, the process is too far along to implement this exemption in 1993. Mrs. Call stated that the Annual Fee Appeals Board has been very active and are doing a very good job. She reported that the Blue Cross/Blue Shield contract which normally expires on July 1 has been extended for 18 months so that it can be on the same basis as the County's fiscal basis. The next Committee meeting will be July 6. Mr. Heyman, County Administrator, reported that in addition to the investigations going on at Biggs, the ventilation systems in all County buildings are going to be checked. He reported on a meeting he attended with other County Administrators concerning county organization. Mr. Heyman reported that Kathleen Drew, Secretary to the Commissioner of Social Services will be transferring to the position of Secretary to the County Administrator. He stated that the County's request to extend the eight percent sales tax was approved by the Senate for a period of two years. Kathy West, Deputy County Administrator, reported on a conference she attended on June 11 at Cornell University where a report was given on the University's wide commitment to quality improvement and the progress they've made in the first year. She stated that representatives from the City of Ithaca, Challenge Industries, Special Children's Center and Ithaca Childcare Center were also in attendance. Cheryl Nelson, Chair, Employee Council, stated that the Council met on June 2 at which time updates were given from the various standing committees of the Council. She reported that the Council is in the process of revising its bylaws, is working on an informational sheet reminding employees of the professional image that should be portrayed by County employees, is working on the third edition of "OH" which will soon be released and is working on a County employee directory of depaitiuents' employees with names and publishable phone numbers. Ms. Nelson also stated that Employee Council elections should be taking place in August. Ms. Nelson stated that as the County gets into total quality 157 June 15, 1993 management that she hopes there will be a partnership between the County and its employees. The next Council meeting will be July 7 at 9 a.m. in the Mental Health Building. Mr. Mulvey, County Attorney, reported on the status of the costs of the Special Prosecutor and other expenses incurred in the Harding/Lishansky cases. Chairman Watros reported that members of the Board will be receiving notification of a meeting which is scheduled for June 21 at noon at Tompkins Cortland Community College. He stated the subject of this meeting will be a review of the five year Master Plan for the College of which all Board members are asked to participate in. Mr. Watros stated that a decision will be made soon relative to this which carries a significant financial obligation to the College's sponsors. He stated that it is important that the leadership of both Cortland and Tompkins County be informed as to what is being proposed as part of the Master Plan. On motion of the appropriate committee chairmen and duly seconded and unanimously adopted by voice vote by members present, the following resolutions were added to the agenda: Reaffirmation to Commitment to Establish Priorities for County Services Authorizing a Public Hearing on Proposed Local Law No. 3 of 1993 - Concerning the Revision and Updating of the Tag System for the Collection of Solid Waste Creation of Positions - Department of Social Services Chairman Watros gave the appropriate committee chairman permission to withdraw from the agenda the resolution entitled Authorizing a Public Hearing on Proposed Local Law No. d of 1993 - Amendment of Local Law No. 1 of 1991 - Tompkins County Hotel Room Occupancy Tax Law. Chairman Watros gave the appropriate committee chairmen permission to withdraw from the agenda the following resolutions with final committee action being affirmed: CA061-93 - Authorization Intermunicipal Agreement Between Tompkins County and Cortland County - Public Transportation Services CA062-93 - Authorization Intermunicipal Agreement Between Tompkins County and Tioga County - Public Transportation Services CA063-93 - Authorization Intermunicipal Agreement Between Tompkins County and Chemung County - Public Transportation Services CA064-93 - Budget Adjustments and Appropriations - Various Departments CA065-93 - Authorization to Contract - Foodnet - Depaitnient of Social Services CA066-93 - Reclassification of Position - Executive Assistant to the County Administrator to Secretary to the County Administrator RESOLUTION NO. 161 - APPROVAL OF CITY AND REGIONAL PLANNING PROGRAM STUDENTS FOR SUMMER INTERNSHIPS Moved by Mr. Proto, seconded by Ms. Mink, and unanimously adopted by voice vote by members present. WHEREAS, the Tompkins County Planning Department has need for summer students to complete portions of the Department's Work Program, and WHEREAS, the Department wishes to hire three students from the Cornell University, City and Regional Planning (CRP) program to fill these roles during the summer months, and WHEREAS, the Depai intent has funding for one intern in the Planning Depai lnient, one in the Aquatic Vegetation Control Program and one in TOMTRAN, now therefore be it RESOLVED, on recommendation of the Planning and Personnel Committees, That the Department be authorized to hire three students for 10 weeks at 20 hours per week at a total cost of $2,600, 158 June 15, 1993 RESOLVED, further, That the County Comptroller be authorized to charge TOMTRAN account A5630.1053 $850, Planning account A8020.1053 $750 and Aquatic account A8022.4425 $1,000. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 162 - ACCEPTANCE OF 1991 FEDERAL SECTION 18 CAPITAL GRANT - SMALL BUS PROJECT Moved by Mr. Proto, seconded by Mrs. Schuler, and unanimously adopted by voice vote by members present. WHEREAS, the County of Tompkins submitted a request for a grant of funds to the New York State Department of Transportation and the Federal Transit Administration, pursuant to Section 18 of the Federal Transit Act of 1964, as amended, for a project to purchase two (2) passenger transit buses to be used in the TOMTRAN Rural Transit System, (PIN 3798.09.306), and WHEREAS, the budget for the project is as follows: Federal Section 18 $100,800 New York State 12,600 Tompkins County 12,600 Total $126,000 , and WHEREAS, the Tompkins County share is encumbered from the 1992 TOMTRAN Budget, now therefore be it RESOLVED, on recommendation of the Planning Committee, That the Tompkins County Board of Representatives authorizes the County Administrator or designee to sign: 1. Any and all agreements between the County of Tompkins and the State of New York for the above named project (Contract No. C002203) 2. Any and all agreements between the County of Tompkins and any third party subcontractors necessary to complete the project, if appropriate 3. Any municipality/vendor contracts for the purchase of vehicles and/or equipment RESOLVED, further, That the County of Tompkins certifies in this resolution that the local share of $12,600 is committed to this project form the 1992 TOMTRAN Budget, RESOLVED, further, That the Comptroller is authorized to adjust the 1993 TOMTRAN Budget revenues and appropriations to account for the receipt and expenditure of Federal and State funds for the proj ect: Appropriation: A5630.2231 Vehicles $113,400 Revenues: A5630.3594 State Aid $ 12,600 A5630.4594 Federal Aid $100,800 SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 163 - AUTHORIZATION TO APPLY FOR FEDERAL SECTION 18 OPERATING ASSISTANCE GRANT FOR TOMTRAN - 1993 Moved by Mr. Proto, seconded by Mrs. Schuler. A short roll call vote resulted as follows: Ayes - 14, Noes - 0, Excused - 1 (Representative Stein). Adopted. WHEREAS, the County of Tompkins is submitting a request for a grant of funds to the New York State Depai tilient of Transportation and the United States Depai lment of Transportation, pursuant to Section 18 of the Federal Transit Act of 1964 as amended, for a project to provide for public mass transportation service for Ithaca, Dryden, Caroline, Danby, Newfield, Ulysses, Lansing and Groton, to be 159 June 15, 1993 operated by Cornell University (CU) Transit, Inc. and Tioga Transport, Inc. in the amount of $59,000 for the 1993 fiscal year, and WHEREAS, the County of Tompkins and the State of New York have entered into a continuing agreement for a ten year period which authorizes the undertaking of the project and payment of the federal share, now therefore be it RESOLVED, on recommendation of the Planning Committee, That the Board of Representatives authorizes the County Administrator or designee to act on behalf of the County of Tompkins to sign the annual grant application and to progress and complete the above named project, RESOLVED, further, That the County Administrator or designee is authorized to sign any contracts or agreements between the County of Tompkins and any third party subcontractor necessary to complete the project. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 164 - AUTHORIZATION OF 1993 FEDERAL SECTION 9 CAPITAL GRANT - BUS AND FAREBOX PROJECT Moved by Mr. Proto, seconded by Mrs. Schuler. A short roll call vote resulted as follows: Ayes - 14, Noes - 0, Excused - 1 (Representative Stein). Adopted. WHEREAS, the Secretary of the United States Depal twent of Transportation is authorized to make grants for mass transportation projects pursuant to the Federal Transit Act of 1964, as amended, and WHEREAS, the County of Tompkins is the designated recipient of Section 9 urban transit funds and will apply on behalf of the City of Ithaca and other transit providers to receive and use said funds, and WHEREAS, the County of Tompkins desires to submit a request for a grant of funds to the New York State Department of Transportation and the Federal Transit Administration, pursuant to Section 9 of the Federal Transit Act of 1964, as amended, for a project to purchase two (2) 35 foot passenger transit buses (City of Ithaca) and 29 fareboxes to be used in TOMTRAN, CU Transit and Ithaca Transit bus fleets, and WHEREAS, the budget for the project is as follows: Federal Section 9 $480,000 New York State 60,000 Tompkins County 50,500 Cornell University 9,500 Total $600,000 WHEREAS, the project was approved by the Ithaca -Tompkins County Transportation Council and is included on the 1993 Transportation Improvement Program, as amended, now therefore be it RESOLVED, on recommendation of the Planning Committee, That the Tompkins County Board of Representatives authorizes the County Administrator(or designee) to execute and file an application on behalf of the County of Tompkins with the United States Depal lnient of Transportation and the New York State Department of Transportation to aid in financing; the capital project pursuant to Section 9 of the Federal Transit Act of 1964, as amended, RESOLVED, further, That the County of Tompkins acknowledges the County share of the project ($50,500) to be appropriated in the 1994 budget, RESOLVED, further, That the County Administrator (or designee) is authorized to execute grant agreements on behalf of the County of Tompkins with the United States Depailnient of Transportation and the New York State Dep.'tment of Transportation to aid in financing the capital project. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) 160 June 15, 1993 RESOLUTION NO. 165 - A JOINT COMMITTEE TO STUDY AND SPECIFY METHODS BY WHICH CITY AND COUNTY SERVICES FOR TRANSIT MAY BE CONSOLIDATED Moved by Mr. Proto, seconded by Ms. Mink, and unanimously adopted by voice vote by members present. WHEREAS, the Tompkins County Legislature has initiated an agreement dated March 18, 1993 between the City and the County to share certain sales tax revenues, and WHEREAS, the City and County wish to develop mechanisms for more efficient consolidation of services to be provided by the City and the County, and WHEREAS, the City and County agreed to establish joint committees for the purpose of specifying methods by which City and County services for Transit may be consolidated and costs allocated among County residents, now therefore be it RESOLVED, on recommendation of the Planning Committee, That an Ithaca/Tompkins County Transit Coordination Committee be established to study and make recommendations to the County Legislature and City Council on both the immediate measures that can be undertaken to improve efficiency of Transit operations as well as identify long-term objectives for consolidation of all Transit services, RESOLVED, further, That the Ithaca/Tompkins County Transit Coordination Committee include the Mayor of the City of Ithaca, Chairperson of Tompkins County Board of Representatives, Chairperson of County Planning Committee, Chairperson of Ithaca Tompkins Transit Center Operation Committee, Chairperson of County Fiscal Affairs Committee, Vice -Chair Person of City Board of Public Works who shall meet and appoint a chairperson, and will be served by a technical advisory group including, Director of Cornell University Transit Servicers, Tompkins County Planning Commissioner, Director of Ithaca Tompkins County Transportation Council, Transit Supervisor of Ithaca Transit, City Public Works Commissioner, and County Public Works Commissioner. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 166 - AUTHORIZING A PUBLIC HEARING - SECOND ADDENDUM TO LEASE AGREEMENT WITH TAUGHANNOCK AVIATION CORPORATION - FUEL FARM FOR TOMPKINS COUNTY AIRPORT Moved by Mr. Winch, seconded by Mr. Culligan, and unanimously adopted by voice vote by members present. RESOLVED, on recommendation of the Public Works and Construction Management Committee, That a public hearing be held by the Board of Representatives on Tuesday, July 13, 1993 at 5:30 o'clock in the evening thereof at Board Chambers of the Tompkins County Courthouse, 320 North Tioga Street, Ithaca, New York concerning a proposed second addendum to a lease agreement with Taughannock Aviation Corporation at the Tompkins County Airport. At such time and place all persons interested in the subject matter will be heard concerning the same, RESOLVED, further, That the Clerk of the Board is hereby authorized and directed to place proper notice of such public hearing in the official newspaper of the County. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 167 - AUDIT OF FINAL PAYMENT - IVERSON CONSTRUCTION - PUBLIC TRANSIT FACILITY 161 June 15, 1993 Moved by Mr. Winch, seconded by Mrs. Call. A short roll call vote resulted as follows: Ayes - 14, Noes - 0, Excused - 1 (Representative Stein). Adopted. RESOLVED, on recommendation of the Public Works and Construction Management Committee, That the following claim against the County of Tompkins, be and hereby is audited by the Board of Representatives: Vendor Payment Request Account No. Amount Iverson Construction 17 HA5630.4400 $50,000 RESOLVED, further, That the Comptroller be and hereby is authorized and directed to release retainage from Account No. HA5630.4400. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 168 - AUDIT OF FINAL PAYMENT - J & K PLUMBING AND HEATING CO., INC. - PUBLIC TRANSIT FACILITY Moved by Mr. Winch, seconded by Mr. Mason. A short roll call vote resulted as follows: Ayes - 14, Noes - 0, Excused - 1 (Representative Stein). Adopted. RESOLVED, on recommendation of the Public Works and Construction Management Committee, That the following claim against the County of Tompkins, be and hereby is audited by the Board of Representatives: Vendor Payment Request Account No. Amount J&K Plumbing & Heating 12 (Final) HA5630.4400 $29,814 RESOLVED, further, That the Comptroller be and hereby is authorized and directed to pay said claim from Account No. HA5630.4400. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 169 - ABOLISH PLANNING SPECIALIST POSITION — PLANNING DEPARTMENT Moved by Mrs. Call, seconded by Mr. Proto, and unanimously adopted by voice vote by members present. RESOLVED, on recommendation of the Planning Committee, That the position of Planning Specialist (11/564), labor grade K(11) competitive class be abolished effective June 18, 1993. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 170 - CREATION OF POSITIONS - TRANSPORTATION ANALYST, DATA COLLECTOR, KEYBOARD SPECIALIST - PLANNING DEPARTMENT (MPO) Moved by Mrs. Call, seconded by Mr. Proto, and unanimously adopted by voice vote by members present. RESOLVED, on recommendation of the Planning, Personnel, and Budget and Administration Committees, That the following positions be created effective immediately: One Transportation Analyst (13/676), labor grade M(13), competitive class One Keyboard Specialist (05/507), labor grade E(5), competitive class 162 June 15, 1993 One Data Collector (07/535), labor grade G(7), competitive class All positions are also subject to the approval of the Ithaca -Tompkins County Transportation Council Policy Committee, RESOLVED, further, That sufficient monies are budgeted in the 1993 MPO budget for these positions and related costs, will be continued as long as MPO money is available. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 171 - APPORTIONMENT OF MORTGAGE TAX Moved by Mrs. Call, seconded by Mr. Shurtleff, and unanimously adopted by voice vote by members present. WHEREAS, the County Clerk and the County Administrator have presented their report concerning mortgage tax receipts for the period from October 1, 1992 through March 31, 1993, pursuant to Section 261 of the Tax Law, and the same have been apportioned to the various municipalities thereto, now therefore be it RESOLVED, on recommendation of the Budget and Administration Committee, That the apportionment as presented for said period from October 1, 1992 through March 31, 1993 be and hereby is approved: Municipality Amount Total Town of Caroline $ 14,488.89 Town of Danby 18,295.89 Dryden: Town $ 93,944.92 101,694.87 Village 6,377.28 Village of Freeville 1,372.67 Town of Enfield 14,741.77 Groton: Town 18,641.62 23,000.64 Village 4,359.02 City of Ithaca 122,150.46 Town of Ithaca 108,073.43 128,302.16 Village of Cayuga Heights 20,228.73 Lansing: Town 99,271.42 125,031.25 Village 25,759.83 Town of Newfield 28,870.68 Ulysses: Town 28,065.78 31,997.90 Trumansburg 3,932.12 Total $608,574.51 SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 172 - AUTHORIZING A PUBLIC HEARING ON PROPOSED LOCAL LAW NO. 4 OF 1993 - AMENDING LOCAL LAW NO. 7 OF 1990 - PROVIDING FOR AMENDMENTS TO THE CHARTER AND CODE - ARTICLE 5 - FINANCIAL PROCEDURES AND CONTROLS - SECTION 5.06 - PUBLIC HEARING Moved by Mrs. Call, seconded by Mr. Proto, and unanimously adopted by voice vote by members present. RESOLVED, on recommendation of the Budget and Administration Committee, That a public hearing be held before the Board of Representatives at Board Chambers of the Tompkins County 163 June 15, 1993 Courthouse, 320 North Tioga Street, Ithaca, New York on Tuesday, July 13, 1993 at 5:30 o'clock in the evening thereof on proposed Local Law No. 4 of 1993 Amending Local Law No. 7 of 1990 - Providing for Amendments to the Charter and Code - Article 5 - Financial Procedures and Controls. At such time and place all persons interested in the subject matter will be heard concerning the same, RESOLVED, further, That the Clerk of the Board is hereby authorized and directed to place proper notice of such public hearing in the official newspaper of the County. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 173 - ADOPTION OF FISCAL PLAN FOR TOMPKINS COUNTY GOVERNMENT Moved by Mrs. Call, seconded by Mr. Todd. It was Moved by Mr. Todd, seconded by Mr. Winch, to amend number 3, paragraph C: "The target net local share and the allocation of unallocated revenues to the eight (8) categories of the County budget for 1994 shall be calculated as follows: Two thirds of the increase (if any) in projected unallocated revenues for 1994 as compared to 1993 as budgeted shall be allocated to the eight (8) categories of the County budget. An amount equal to two thirds of the rate of inflation for the previous 12 months according to figures available in July 1993 from the U.S. Bureau of Labor Statistics, All Urban Wage Earners Index, shall be added to the target net local share for the eight (8) categories of the County budget. An amount equal to one third of the projected increase in unallocated revenues plus an amount equal to one third of the rate of inflation referenced above multiplied by the total net local share for all optional areas of the County budget shall be set aside to be allocated by the application process for these funds shall be recommended upon by the Fiscal Affairs and Budget and Administration Committees in time for action by the County Board in July 1993." by substituting the language with the following: "During the preparation of the 1994 budget, net local share for the eight (8) categories of the County budget listed above shall not increase in the recommendations of the County Administrator nor the budget review committees of this Board by a percentage rate greater than the rate of inflation according to the figures available in July 1993 from the United States Bureau of Labor Statistics, all Urban Wage Earners Index, for the most recent available twelve (12) month period." and add the following RESOLVED: "RESOLVED, further, That in any instance when a request is made for funding in excess of the guidelines in this Plan, the request shall provide information that specifically addresses each of the following: a) The strength of public support for addressing the particular need; b) Appropriateness of County government involvement in addressing the need, and the desirability of addressing the need through the use of public or private resources; c) Severity of the need for the service; d) Probability of success of meeting the need based on the management strength and approach of the provider department or agency; e) An inventory of other existing public and private services available to meet the need to determine the extent of unmet needs and the mix of prevention, intervention, remediation, and regulatory services needed; f) Number, dispersion, and demographic characteristics of those experiencing the need, and g) Potential impact of the program on the budgets of other County departments. Some discussion followed regarding the establishment of priorities. It was Moved by Mr. Proto, seconded by Mr. Joseph, to amend the amendment to add the word "perceived" before the word "need" in a -f above. A voice vote resulted as follows: Ayes - 6 (Representatives Culligan, Evans, Joseph, Proto, Shurtleff and Watros); Noes - 8 (Representatives Call, 164 June 15, 1993 Lerner, Livesay, Mason, Mink, Schuler, Todd and Winch); Excused - 1 (Representative Stein). Motion Lost. It was Moved by Mr. Proto, seconded by Mr. Joseph, to separate the motion above and vote on each section (substitution and additional RESOLVED). A voice vote resulted as follows on the motion to separate: Ayes - 11, Noes - 3 (Representatives Evans, Mink and Todd), Excused - 1 (Representative Stein). Adopted. A voice vote resulted as follows on the motion to substitute number 3, paragraph C: Ayes - 13, Noes - 1 (Representative Joseph), Excused - 1 (Representative Stein). Adopted. It was Moved by Mr. Proto to add the wording from Resolution No. 180 at the end of the last paragraph. Motion failed for lack of a second. A voice vote resulted as follows on the motion to add the above RESOLVED: Ayes - 12, Noes - 2 (Representatives Mason and Proto), Excused - 1 (Representative Stein). Adopted. A voice vote resulted as follows on the resolution as amended: Ayes - 14, Noes - 0, Excused - 1 (Representative Stein). Resolution adopted as amended. WHEREAS, this Board of Representatives adopted and later amended a Fiscal Plan for Tompkins County government for 1992 and 1993, and wishes to amend and clarify said Plan and extend it to cover 1993 and 1994, now therefore be it RESOLVED, on recommendation of the Fiscal Affairs and Budget and Administration Committees, That the following Fiscal Plan for Tompkins County government is hereby adopted to be in effect from the date of adoption to December 31, 1994, STATEMENT OF PURPOSE The purpose of this Plan is to maintain a sound and stable fiscal position for County government, to address the problems created by unfunded or under -funded mandates, and to restrain net local spending while minimizing negative impacts on services wanted and needed by the residents of Tompkins County. 1. FUND BALANCE STABILITY Definition: An unrestricted Fund Balance consists of any funds in the possession of a governmental body which have not been appropriated (approved for spending) or reserved for any purpose. Existence of an unrestricted Fund Balance enables municipalities to respond to unforeseen negative events and to "level out" the impact of those events on taxpayers, service delivery recipients and employees. For purposes of this resolution, the following are not included in the unrestricted Fund Balance: Retirement Reserves; Construction Funds; Health Premium Reserve; and the Self -Insurance Reserve. Target: The target unrestricted Fund Balance for Tompkins County government is established by this Fiscal Plan to be 5 percent of total annual expenditures, net of Interfund expenditures and construction expenditures paid with borrowed funds. The unrestricted Fund Balance includes all County Fund Balances except the Airport Fund. (The Airport Fund is maintained, in compliance with Federal Aviation Administration regulations, only for Airport contingencies.) The County Comptroller is charged with monitoring expenditures and revenues throughout County government and with reporting to the Budget and Administration Committee and the County Administrator during May, July and monthly thereafter with respect to any projected shortfalls or surpluses at year-end. The County Administrator shall recommend to the Budget and Administration Committee appropriate action based on this report. 165 June 15, 1993 2. UNFUNDED AND UNDERFUNDED MANDATES Net local expenditures for Education of Handicapped Children; Legal Defense of Indigents (payments to attorneys only); Social Services; Jail personal services, fringe benefit and professional services costs; and costs of County students attending other community colleges shall be calculated separately from the remainder of the County budget and shall be fully described and explained to the public at least yearly. These strict legal mandates, imposed in every case by the federal government, state government, the courts, or all three, shall not be included in spending targets in #3 below. Education of Handicapped Children: This Board and the appropriate committee shall monitor the work authorized during 1992 to occur in 1993 in the Public Health and Social Services Depaitments aimed at increasing the number of handicapped children in the least restrictive environment, to their benefit and with the result of reducing costs. These two departments are charged with reporting at least quarterly to the Health and Education Committee on the status of this initiative. Jail Operations: In its actions in connection with the 1993 budget in the Probation Department, this Board demonstrated its commitment to reducing the population of the Tompkins County Jail without unreasonably endangering the safety of this community. This Board directs the Public Safety Committee and the County Administrator to consult with the Sheriff of Tompkins County to develop recommendations that will ensure that the boarding out of prisoners to other counties is kept to an absolute minimum, that the transport of imprisoned persons to New York State Psychiatric Hospitals is reviewed carefully for medical appropriateness, and that the opportunities for boarding in of prisoners from other counties are maximized. In addition the Public Safety Committee is charged with continuing to work with the Criminal Justice Advisory/Alternatives to Incarceration Board to develop alternatives to the use of the Tompkins County Jail that are appropriate. Legal Defense of Indigents: Upon receipt of a recommendation from the Article 18 Task Force established in 1992 by this Board, this Board shall authorize any changes in the current method of ensuring the provision of effective counsel to indigent persons in criminal and family matters. By this resolution this Board directs that a charge be developed to the oversight body established or continued as a result of the above action to pay serious attention to this Board's desire to ensure that reasonable steps are taken that will prevent the assignment of attorneys to persons who are not indigent, that will maximize appropriate co -payments by defended persons, and that will ensure that payments to attorneys are accurate and appropriate. Social Services: This Board continues its support of initiatives undertaken by the New York State Association of Counties to reform the provision of social services and the proposal of the Governor of the State of New York, supported by the New York State Association of Counties, that the State of New York accept all fiscal responsibility for provision of medical assistance to indigent persons, until that is done, the Public Health Department shall emphasize preventive health care programs that improve public health and reduce County Medicaid costs. Community College Chargebacks: The cost to Tompkins County for Tompkins 166 June 15, 1993 County students to attend community colleges in other New York State counties must by law be paid to the college that the student attends. The County encourages Tompkins Cortland Community College to continue to exercise its best efforts to minimize these chargebacks by attracting as many Tompkins County and other students to the Community College as possible. 3. STABILIZATION OF NET LOCAL SPENDING A. All expenditures and revenues in the remainder of the Tompkins County budget shall be divided into the categories of community services, education, general government support, health, human services, public safety, public works (includes solid waste) and capital. The last shall include debt service. B. The Target Net Local Share for 1993 for all of the above -listed areas of the County budget shall be considered to be the figure indicated on a document prepared by the Deputy County Administrator entitled 1993/1994 Fiscal Plan Target Net Local Share Calculation and dated April 23, 1993. Clarification: "Net Local Share" as used in this resolution means total spending authority of each department or account as listed in the above- referenced document prepared by the Deputy County Administrator, after applicable departmental revenues and pro rata share of unallocated revenues have been subtracted. A result of this is that if total estimated unallocated revenues in 1994 increase, the Net Local Share for all County spending will increase by that amount. In the event that estimated proceeds of unallocated revenues decrease, the Net Local Share for all County spending will decrease by that amount. See, in addition, the provisions of #4 below which will have the effect of reducing target net local shares of depai tiiients and agencies when so specified by the Board of Representatives. C. During the preparation of the 1994 budget, net local share for the eight (8) categories of the County budget listed above shall not increase in the recommendations of the County Administrator nor the budget review committees of this Board by a percentage rate greater than the rate of inflation according to the figures available in July 1993 from the United States Bureau of Labor Statistics, all Urban Wage Earners Index, for the most recent available (12) month period. D. Program committees of this Board are authorized to approve two-year (1993 and 1994) spending plans that meet the overall requirements of this resolution and of the 1992 Fiscal Plan. E. The Net Local Share established for Tompkins Cortland Community College under this resolution shall refer to the total sponsor share appropriated by Tompkins and Cortland Counties together. For example, if the rate of inflation defined above is determined in July 1993 to be 3 percent, and the net impact of unallocated revenues does not increase or decrease the net local share for the Community College (total Tompkins and Cortland appropriation of new money) would increase at 3 percent above the College's previous year budget. In the event that the Tompkins County share of student enrollments at the College increased or decreased from the previous year's level, however, the Tompkins County target would be increased or decreased by the dollar amount resulting from that shift. 4. CONTINGENT FUND It is the intention of this resolution that departments and agencies must accommodate unexpected expenditures with their own previously appropriated funds. This Board will not entertain favorably requests for Contingent Fund appropriations except in the most extreme circumstances. Departments may request Contingent Fund appropriations for expenditures from personal services and fringe benefit accounts for terminal pay and replacement staff costs that, during a fiscal year, exceed 25 percent of the department's 1992 budget reduction obligation. 167 June 15, 1993 Whenever there occurs a request, recommendation, or action appropriating funds from the Contingent Fund or from any Fund Balance, it must be specified whether the appropriation increases the target net local share of the department or agency receiving the funds, and whether any increase in the *target net local share increases the overall target for County government as a whole, or whether, in the alternative, these funds will be subtracted pro rata from the target net local share for all depai tnients and agencies for the ensuing fiscal year. Whenever there is a request, recommendation or action in connection with the budget that results in net local spending in excess of the targets in this Fiscal Plan, the party requesting, recommending or acting, must specify in writing the source of funds to pay for said spending. 5. RE -APPROPRIATION OF UNSPENT FUNDS FROM PREVIOUS YEAR'S RESOLUTION Resolution No. 339 of 1992, outlining a procedure for re -appropriation of unspent funds from previous years, is reaffirmed in its entirety. RESOLVED, further, That in any instance when a request is made for funding in excess of the guidelines in this Plan, the request shall provide information that specifically addresses each of the following: a) The strength of public support for addressing the particular need; b) Appropriateness of County government involvement in addressing the need, and the desirability of addressing the need through the use of public or private resources; c) Severity of the need for the service; d) Probability of success of meeting the need based on the management strength and approach of the provider department or agency; e) An inventory of other existing public and private services available to meet the need to determine the extent of unmet needs and the mix of prevention, intervention, remediation, and regulatory services needed; f) Number, dispersion, and demographic characteristics of those experiencing the need, and g) Potential impact of the program on the budgets of other County depai tments. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 174 - ADOPTION OF ADDITIONS, REVISIONS AND DELETIONS - ADMINISTRATIVE MANUAL POLICIES Moved by Mrs. Call, seconded by Mr. Evans, and unanimously adopted by voice vote by members present. RESOLVED, on recommendation of the Budget and Administration Committee, That the following Administrative Manual policies be and hereby are adopted: 01-38 Software 01-39 Commitment to Serving the Public Without Discrimination 03-01 Benefits for Management Staff 03-02 Benefits for Confidential Staff RESOLVED, further, That the following revised Administrative Manual policies be and hereby are adopted: 01-06 Public Access to Records 01-09 Petty Cash Funds 01-10 Contracts 01-15 State Aid Reimbursement 01-17 Work-study Programs 01-22 Risk Management and Safety 168 June 15, 1993 01-27 Sale of County Publications 01-28 County -owned Vehicles 02-04 Processing New Employees 02-10 Outside Employment 03-05 Health Insurance 03-07 Moving Expenses Reimbursement 04-02 Overtime Compensation, Compensatory Time Off and Discretionary Time Off 04-06 Compensation Plans 04-07 Paychecks 04-13 Starting Salaries 05-01 Departmental Operations Report 05-02 Budget Approval Process 05-04 Transfer of Funds, Budget Adjustments, Appropriations 06-07 Bidding Procedures 06-09 County -owned Buildings, Equipment and Furniture 06-10 Equipment Rental RESOLVED, further, That the following Administrative Manual policies be and hereby are deleted: 03-14 Drawing of Earned Credits Upon Retirement 06-05 Purchase of Unbudgeted Equipment SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 175 - CREATION OF POSITIONS - DEPARTMENT OF SOCIAL SERVICES Moved by Mrs. Call, seconded by Mr. Evans, and unanimously adopted by voice vote by members present. RESOLVED, on recommendation Human Services and Budget and Administration Committees, That four (4) full-time positions of Social Welfare Examiner (11/538), labor grade K (11), competitive class, be created immediately. The positions will be reviewed quarterly for need based on staffing levels and caseload changes, RESOLVED, further, That no new monies are needed during 1993 to fund these positions and associated equipment costs (desks, chairs, telephones). SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 176 - TOMPKINS COUNTY FIRE/EMS SERVICE "COMPUTER AIDED DISPATCH" Moved by Mr. Mason, seconded by Mrs. Call, and unanimously adopted by voice vote by members present. WHEREAS, the State Legislature has appropriated in the 1992-93 State Budget in Legislative Member Item C933186, an amount of $36,000, and WHEREAS, these funds were set aside for a Computer Aided Dispatch Upgrade of software, hardware for alarm reporting for Tompkins County, and WHEREAS, the funds are available through the New York State Office of Fire Prevention and Control to Tompkins County, and WHEREAS, there are no needed County matching funds required, now therefore be it 169 June 15, 1993 RESOLVED, on recommendation of the Public Safety Committee, That the County Administrator be and hereby is authorized and directed to sign such Project Agreement as may be required to secure such funds. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 177 - AUTHORIZATION TO EXECUTE AGREEMENT WITH NEW YORK STATE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION AND APPROPRIATION FROM CONTINGENT FUND (Rescinded by Resolution No. 211 of 1993) Moved by Mr. Mason, seconded by Mr. Lerner, and unanimously adopted by voice vote by members present. WHEREAS, Tompkins county executed an agreement with the New York State Office of Parks, Recreation and Historic Preservation in 1980, providing for rental payments in compensation for the use of land on Connecticut Hill in connection with the Emergency Communications System owned and operated by Tompkins County, and WHEREAS, payments under that agreement have never been made pending further agreement between the County and New York State Office of Parks, Recreation and Historic Preservation with respect to the appropriate means of payment, and WHEREAS, agreement has not been reached on the appropriate means of payment, now therefore be it RESOLVED, on recommendation of the Public Safety and Budget and Administration Committees, That the Comptroller is directed to appropriate $38,121 from Account A1990, Contingent Fund, to Account A3410.4432, Depaitwent of Fire, Disaster and Emergency Medical Services Rental, RESOLVED, further, That the County Administrator is directed to execute a cooperative agreement with the New York State Office of Parks, Recreation and Historic Preservation, providing for rental payment in the amount of $1,150 per month for land on Connecticut Hill as described above, RESOLVED, further, That all payments under this agreement shall be credited to the Solid Waste Division in compensation for solid waste charges (per -ton fee and solid waste user fee) levied by Tompkins County on the New York State Office of Parks, Recreation and Historic Preservation, RESOLVED, further, That this appropriation increases the target local spending for the Public Safety Committee for 1993 and thereafter but not increase the total local spending for County government as a whole beyond 1993. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 178 - RESOLUTION OF COMMENDATION TO THE COMMUNITY OF NE WFIELD Moved by Mr. Mason, seconded by Mr. Winch, and unanimously adopted by voice vote by members present. WHEREAS, in an effort to improve its community public safety and response, and WHEREAS, in cooperation the Newfield Town Board, Newfield Fire Depai tiuent, Newfield Post Office and Newfield resident, Charles Mosher; have completed the first Town wide naming of all private and public roads, and WHEREAS, this system will give every private and public road a different and united road name and this will also assign a house number to each resident in the Town, and WHEREAS, this will assure Tompkins County Emergency Dispatch Center a correct address for its new Computer Aided Dispatch operation, and 170 June 15, 1993 WHEREAS, by this great effort in the Town of Newfield, it will speed the delivery of emergency services to all its residents and this impressive effort by the Town and its residents to improve quality of life, and WHEREAS, this shows that a community by working together, has resources and skills available to handle in a professional manner, now therefore be it RESOLVED, on recommendation of Public Safety Committee, That the Tompkins County Board of Representatives congratulates and commends all those organizations and individuals in this most important and impressive effort. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 179 - AUTHORIZATION FOR PUBLIC HEARING - TOMPKINS CORTLAND COMMUNITY COLLEGE OPERATING AND CAPITAL BUDGETS - 1993-94 Moved by Mr. Proto, seconded by Mr. Shurtleff, and unanimously adopted by voice vote by members present. RESOLVED, on recommendation of the Health and Education Committee, That a public hearing be held on Tuesday, July 13, 1993, at 5:30 o'clock in the evening thereof in Board Chambers of the Tompkins County Courthouse, 320 North Tioga Street, Ithaca, New York concerning the 1993-94 operating and capital budget request for Tompkins Cortland Community College. At such time and place all persons interested in the subject matter will be heard concerning the same, RESOLVED, further, That the Clerk of the Board be and hereby is directed to place such notice of public hearing in the official newspaper of Tompkins County. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) It was Moved by Mr. Todd, seconded by Mr. Mason, to refer Resolution No. 180 entitled "Resolution of Commitment to Establishing Priorities for County Services" to Committee. A voice vote resulted as follows: Ayes - 5 (Representatives Lerner, Livesay, Mason, Schuler and Todd); Noes - 9 (Representatives Call, Culligan, Evans, Joseph, Mink, Proto, Shurtleff, Winch and Watros); Excused - 1 (Representative Stein). Motion Lost. RESOLUTION NO. 180 - RESOLUTION OF COMMITMENT TO ESTABLISHING PRIORITIES FOR COUNTY SERVICES Moved by Mr. Todd, seconded by Mrs. Call, and unanimously adopted by voice vote by members present. WHEREAS, this Board has adopted a second Fiscal Plan covering the Calendar years 1993 and 1994, and WHEREAS, this Plan makes no distinction among the various programs and departments of County government but allocates the same percentage funding increase to each, now therefore be it RESOLVED, on recommendation of the Fiscal Affairs Committee, That this Board recommits itself to establishing a method of setting priorities among County programs and departments which priorities reflect the values and goals of the community as a whole, RESOLVED, further, That the Fiscal Affairs Committee, and/or its successor Committee are charged with working with the County Administrator to ensure adequate staff support for this purpose and with recommending a process for establishment of priorities in time for adoption by this Board during the . current calendar year so that a newly -elected Board may review and, if desired, amend this process 171 June 15, 1993 sufficiently early in 1994 so that it may be implemented in connection with adoption of the 1995 County Budget and Capital Program. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 181 - AUTHORIZING A PUBLIC HEARING ON PROPOSED LOCAL LAW NO. 3 OF 1993 - CONCERNING THE REVISION AND UPDATING OF THE TAG SYSTEM FOR THE COLLECTION OF SOLID WASTE Moved by Mr. Lerner, seconded by Mr. Todd, and unanimously adopted by voice vote by members present. RESOLVED, on recommendation of the Solid Waste and Resource Management Committee, That a public hearing be held before the Board of Representatives at Board Chambers of the Tompkins County Courthouse, 320 North Tioga Street, Ithaca, New York at a Special Meeting Tuesday, June 29, 1993 at 5:30 o'clock in the evening thereof concerning proposed Local Law No. 3 of 1993 - Concerning the Revision and Updating of the Tag System for the Collection of Solid Waste, RESOLVED, further, That the Clerk of the Board is hereby authorized and directed to place proper notice of such public hearing in the official newspaper of the County. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) Some discussion followed concerning Resolution No. 175 entitled "Creation of Positions - Department of Social Services". Mrs. Call referred to a document from Mary Pat Dolan which was discussed at the Human Services Committee. It was Moved by Mr. Mason, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, to appoint Benjamin Darden to the Advisory Board on Indigent Representation for a term which expires December 31, 1995. Chairman Watros declared recess at 8:32 p.m. The meeting reconvened at 8:43 p.m. It was Moved by Mr. Lerner, seconded by Mrs. Call, and unanimously adopted by voice vote by members present, to enter executive session to discuss contract negotiations, personnel matter and litigation. An executive session was held from 8:43 p.m. to 9:29 p.m. On motion, the meeting adjourned at 9:29 p.m. 172 June 29, 1993 Special Meeting Catherine Covert, Clerk of the Board, called the meeting to order at 5:30 p.m. Mrs. Covert stated that Mr. Watros, Chairman of the Board, and Mr. Mason, Vice Chairman of the Board, have been excused from the meeting. Mrs. Covert stated that pursuant to the Rules of the Board the first order of business would be the election of a chairman pro tem. Mr. Lerner nominated Mr. Stein chairman pro tem, seconded by Ms. Mink. Mr. Proto nominated Mr. Culligan chairman pro tem, seconded by Mr. Evans. Mr. Culligan declined the nomination. After hearing no more nominations, it was Moved by Mrs. Livesay, seconded by Mr. Lerner, and unanimously adopted by voice vote by members present, to close nominations. Following a voice vote, it was unanimously adopted by a show of hands by members present to elect Mr. Stein Chairman pro tem. Mr. Stein called the public hearing to order at 5:34 p.m. concerning proposed Local Law No. 3 of 1993 - Repealing Local Law No. 10 of 1990 and Revising and Updating the Tag System for the Collection of Solid Waste. Mr. Stein asked if any one wished to speak? No one wished to speak and the public hearing was closed at 5:43 p.m. Members and guests participated in the Pledge of Allegiance. Present: 11 Representatives. Excused: 4 (Representatives Call, Mason, Shurtleff and Watros). Under privilege of the floor, James Ellis, Department of Social Services employee, spoke concerning sick building syndrome. Mr. Ellis stated that he has been out of work since June 2, 1993. Mr. Ellis thanked the Board for helping to expedite some of the paperwork that employees have requested and stated that some progress has been made in getting the requested infolination. Mr. Ellis also stated that people are still sick and that the problems with the building continue to exist. Under privilege of the floor, Margaret Marks, Department of Social Services employee, spoke concerning sick building syndrome. She said that she has been out of work since March 9, 1993 and does not receive any compensation or any type of income for her disability. Ms. Marks thanked the Board for responding to requests for information she made at the Board meeting on June 15, 1993. She stated that although all of her requests for infolination haven't been received, she was appreciative of the recent progress. Under privilege of the floor, Yvonne Bartlett, Department of Social Services employee, spoke concerning sick building syndrome. Ms. Bartlett stated that she has been out of work since March 1, 1993 and does not receive any compensation or any type of income for her disability. She stated that the Seneca County Department of Social Services has denied her request for assistance because her husband owns a fire truck valued at $10,000. Ms. Bartlett stated that she feels the Board is becoming more aware of the situation at the Biggs complex but feels there is more that needs to be looked into. Under privilege of the floor, Vicki Ellis, spouse of James Ellis who is a Department of Social Services employee, spoke concerning sick building syndrome. Mrs. Ellis explained to the Board problems her husband has which are believed to be caused by sick building syndrome and the effects the situation has had on their family. She said that her husband would like to return to work and asked that an safe environment be provided so that these people can return to their jobs. Under privilege of the floor, Chrissy Bartlett, daughter of Yvonne Bartlett who is a Department of Social Services employee, stated that she has been helping others at home who are affected by sick building syndrome. She stated that her mother is very sick and not able to do things that she use to do. 173 June 29, 1993 Under privilege of the floor, Claudia Cinquanti, Department of Social Services employee, spoke concerning sick building syndrome. Ms. Cinquanti stated that she has developed multiple chemical sensitivities as a result of the carpeting adhesives and other chemicals used in the Biggs complex. Ms. Cinquanti stated that as a single parent, she depends on her income and would like to return to a safe working environment. Under privilege of the floor, Henry Vaughan, Chan man of the Neighborhood Advisory Committee for the Commercial Avenue Central Processing Facility, spoke concerning the proposed central processing facility. Mr. Vaughan stated that it is the opinion of the Advisory Committee that the location is still one of high risk. He said that although they do not recommend the location of the facility, the Committee is committed to working with the County to minimize the impact. Mr. Vaughan asked that the Board support the funding for installation of an observation deck at the facility. He stated that this would be a way to ensure the County would be under public scrutiny to keep the area clean and also used as be an educational tool for school children and the public. Under privilege of the floor, Ernest Bury, Valley Road, Ithaca, spoke concerning the recent Chamber of Commerce forum at which other counties discussed the handling of solid waste. Mr. Bury stated that it is his opinion that Tompkins County is spending too much money on the handling of solid waste. Under privilege of the floor, H. Taraszkiewicz, Hanshaw Road, Ithaca, spoke concerning the Solid Waste Annual Fee. Mr. Taraszkiewicz stated that he is in the process of circulating a survey to be presented to the Board in opposition to this fee. Under privilege of the floor, Ms. Mink, Representative, District No. 5, responded to comments made during privilege of the floor concerning the situation at the Biggs complex. She stated that a meeting was held recently and felt the meeting went very well. She reported on the high level of activity on this subject and stated several requests for information have been answered. She stated that a plan should soon be ready that addresses accommodations for people to return to work in the building. Ms. Mink expressed an apology on behalf of the County for it taking so long to get this level of activity. Under privilege of the floor, Mr. Joseph, Representative, District No. 12, spoke concerning health care in America and recent attempts to promote versions of health care care programs by advertising on television. He stated that television stations were refusing to run these advertisements because the station didn't want to offend the insurance industry or risk their advertisers. He stated that the he feels the debate over a national health plan is not only being dominated by special interests but being censored by them as well. It was Moved by Mr. Lerner, seconded by Mr. Evans, and unanimously adopted by voice vote by members present, to add to the agenda the resolution entitled Charging the Ad Hoc Committee on Solid Waste Finance with Developing Alternative Financing Options. RESOLUTION NO. 182 - AUTHORIZING A PUBLIC HEARING - VARIOUS CONCESSIONS - TOMPKINS COUNTY AIRPORT Moved by Mr. Winch, seconded by Mr. Proto, and unanimously adopted by voice vote by members present. RESOLVED, on recommendation of the Public Works and Construction Management Committee, That a public hearing be held by the Board of Representatives on Tuesday, July 13, 1993 at 5:30 o'clock in the evening thereof at Board Chambers of the Tompkins County Courthouse, 320 North Tioga Street, Ithaca, New York concerning contracts for Advertising Services, Automated Teller Machine (ATM), 174 June 29, 1993 Rental Cars, Telephones, and the combined Restaurant/Bar, Gift Shop and Vending Machine concession. At such time and place all persons interested in the subject matter will be heard concerning the same, RESOLVED, further, That the Clerk of the Board is hereby authorized and directed to place proper notice of such public hearing in the official newspaper of the County. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) At this point in the meeting, Mr. Stein stated that the remainder of the meeting would focus on solid waste issues and asked to Mr. Lerner, Chairman, Solid Waste and Resource Management Committee to lead the discussion. RESOLUTION NO. 183 - ADOPTION OF LOCAL LAW NO. 3 OF 1993 - REPEALING LOCAL LAW NO. 10 OF 1990 AND REVISING AND UPDATING THE TAG SYSTEM FOR THE COLLECTION OF SOLID WASTE Moved by Mr. Lerner, seconded by Mr. Todd. Mr. Lerner stated that on March 30, 1993 the Board adopted a resolution calling for a five -point plan for better regulations on private trash haulers. He stated that this Local Law differs from the existing Trash Tag Law because it will require the haulers to make single trash tags available to customers and at the end of the year haulers will be required to offer refunds for expired tags within 90 days of expiration date of the tag. The Law also requires for the hauler's tag to stipulate the County and the haulers cost. He stated that the original Law was adopted prior to the Flow Control Local Law and the proposed Law will be consistent with the Flow Control Law. A voice vote resulted as follows: Ayes - 10, Noes - 1 (Representative Proto), Excused - 4 (Representatives Call, Mason, Shurtleff and Watros). Adopted. WHEREAS, a public hearing has been held before the Board of Representatives on June 29, 1993 to hear all person interested in proposed Local Law No. 3 of 1993, now therefore be it RESOLVED, on recommendation of the Solid Waste and Resource Management Committee, That said proposed Local Law No. 3 of 1993 repealing Local Law No. 10 of 1990 and revising and updating the Tag System for the collection of solid waste be and hereby is adopted, RESOLVED, further, That the Clerk of the Board publish in the official newspaper of Tompkins County a notice of adoption containing a synopsis of said Local Law, and shall within five (5) days file one certified copy in the office of the County Clerk and three (3) certified copies in the office of the Secretary of State. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) Mr. Lerner introduced the Flow Control Recommendation Report. He referred to problems that occurred last year with commercial trash haulers taking trash out of the County which resulted in the County's Solid Waste Division not receiving anticipated revenues of approximately one million dollars. The Board voted on March 30 for the Solid Waste Manager and the County Attorney's office to prepare recommendations on how to improve the enforcement of the Flow Control Law. Mr. Lerner reviewed the following recommendations: 1, Hauler License and Revocation/Suspension: The report states that the licensing revocation/suspension section (Section 8) of Local Law No. 3 of 1992 (Flow Control Law) contains ambiguities regarding when a license can be revoked or suspended. Section 8 does not make it clear that a violation of the Flow Control Law is sufficient reason to suspend or revoke a license. The Law should be amended to give the County Solid Waste Division the authority to suspend a license immediately when a violation occurs and prior to conducting 175 June 29, 1993 a hearing. The threat of revoking a hauler's license is a better deterrent than issuing appearance tickets. By taking this action, the County will be closing an existing loophole. Mr. Todd stated that he feels the County should act quickly because there is potential for abuse and said he thinks haulers should be assured that if their license is suspended they will get a hearing. 2. Add an Additional Part-time Enforcement Staff Position: There has not been enough staff time to follow-up on complaints about possible Flow Control violations. The Solid Waste Division looked into contracting with the Sheriffs Department, contracting with a private investigator and expanding staff in the Solid Waste Division. Mr. Lerner stated that it was found that the most inexpensive and cost effective way would be the hiring of a half-time position at an annual cost of $12,000. Mr. Proto asked how creating another position in the Solid Waste Division would fit into the County's Fiscal Plan for 1994. Mr. Lerner stated that the Fiscal Plan only applies to programs in departments that are funded with unallocated revenues from property or sales tax. Mr. Proto stated that it is important for the public to know that these are not tax generated dollars. Mr. Proto referred to when the Sheriffs Department handled illegal dumping and asked what the cost difference would be when handled through the Solid Waste Division. Mr. Lerner stated that the salary for a Solid Waste Assistant is substantially less than that of a Sheriffs Deputy but can do the very same job in terms of enforcing flow control. 3. Disposal Time Limits: this would impose a time limit of 72 hours from the time trash is picked up and delivered to the transfer facility. This would assist investigative staff in tracking down violators of the Flow Control Law. Mr. Proto asked if this had been discussed with the haulers. Mrs. Eckstrom stated that it had been preliminarily discussed with them and that she felt that 72 hours was a sufficient time. Mr. Stein suggested separating the issue of should there be a time limit and what that time limit should be. Mr. Lerner stated that this is an area that needs further discussion and will be researched more before the Board votes on a revised law. Mr. Winch stated that if a time limit were imposed, he would hope the law would allow provisions for mechanical breakdowns. It was the consensus of the Board that a time limit should be pursued. 4. Enforcement Designee: This gives the Solid Waste Division the authority to issue appearance tickets to violators of the Flow Control Law. 5. Federal Constitutional Issues: The Assistant County Attorney should follow federal constitutional issues related to flow control and advise the Board accordingly when the County's Flow Control law is affected. At this point in the meeting, Mr. Lerner reviewed with the Board the proposed Transfer Facility Payment Plan. He stated that there have been problems with delinquent accounts, unpaid bills and inconvenient payment methods. The proposed plan will reduce the County's financial risk substantially and streamline County accounting practices and provide the required financial security. The following steps are recommended by the Solid Waste and Resource Management Committee: 1. Accepting credit cards at the transfer station for fees up to $1,000. This will simplify most transactions and reduce the large sums of cash handled at the transfer station. Mr. Lerner stated that the Solid Waste Division will be working with the State Comptroller's office on this. 2. Continue the present prepayment coupon system and implement a punch card prepayment system. Punch cards would be sold by fixed dollar denomination amounts and change could be paid/or returned as cash at the gate. 3. Extend credit privileges only to accounts that have average monthly charges of more than $1,000. Accounts which do not prepay would be required to guarantee payment by providing a bond equal to two months billings. Municipalities would not be required to guarantee payment provided their accounts are maintained on a current basis. 176 June 29, 1993 Mr. Lerner stated that in the past there have been some problems with how the County tracked accounts at the Transfer Station. He said current billing procedures are cumbersome and require manual verification of account billings to facility user's permit numbers and that no easy access to account history is maintained. He introduced the Report entitled Tompkins County Transfer Station Billing Procedures and System Software Recommendation Report. The recommendations of the report are as follows: 1. Software: The County should purchase accounting software during the interim period until the Recycling and Solid Waste Center is on line. The estimated cost to upgrade the accounting software in 1993 would be approximately $600. 2. Billing and Accounting Procedures: The billing and accounting responsibility should be transferred to the Solid Waste Division in 1994. This will enhance and streamline the billing process and be less expensive for the County. The Comptroller would retain responsibility for auditing and confirmation of accurate procedures. Mr. Lerner stated that at this time the Solid Waste Division is paying the salary for a Sr. Account Clerk in the Comptroller's office. Mr. Culligan stated that it is important that both the Comptroller's office and the Solid Waste office know what is going on and feels there should be a guide for person who will be handling these accounts to alert the Comptroller's office of any problems. Mr. Lerner stated that included with the agenda is an update on the status of negotiations on the Tompkins County Recycling and Solid Waste Center with New England CR Inc. He stated that the information has been carefully put together so that it can be released and discussed in public session. He stated that the original Request for Proposals for the Recycling and Solid Waste Center called for a public convenience area designed to accommodate 100 cars a day. He stated that the volumes of traffic at the Willow Avenue facility have gone way above 100 cars a day. He stated that the County has asked CR Inc. to redesign the public area to accommodate 400 cars a day. Mr. Evans stated that discussed in the Solid Waste and Resource Management Committee was the possibility that the when the County goes to full curbside collection of recycling that the rural drop-off centers will be closed in the rural areas. Mr. Evans asked how this would affect the Recycling and Solid Waste Center. Mr. Lerner stated that drop-off centers would be closed only if all things taken there could be picked up at the curbside so the average homeowner would not need to go to a drop-off center. For those with larger volumes i.e. small business, they would go to the hauler base at the Recycling and Solid Waste Center rather than the public convenience area. It was the consensus of the Board to negotiate for the larger public convenience area. Mr. Proto stated that he wanted reassurance that a decision to close the rural drop-off centers has not been made at this point. Mr. Lerner stated that this subject has not had a full Committee discussion at this point and that no decision has been made at this time to close these centers. 3. Future Billings at the Recycling and Solid Waste Center: There are several criteria that will guide the selection for billing procedures at the Recycling and Solid Waste Center including integrated accounts, user customizing, flexible data handling and report generation, access to system from remote location and multi-level security. Mr. Lerner stated that the Neighborhood Advisory Committee for the Commercial Avenue Central Processing Facility has forcefully recommended that there be a public observation area at the Facility for school children, interested tourists or members of the public. This would be an educational tool so that work being done at the facility could be seen by the public and could also be used as a means for the public to scrutinize the facility. He stated that this would increase the overall price of the Facility by more than $150,000 but less than $200,000. Mr. Lerner asked for the Boards' guidance on this. 177 June 29, 1993 There was discussion on the cost of this including the high cost of installing an elevator and possible ways to reduce the cost. Mr. Proto asked that if the Board decided not to move forward with the observation area at this time what the cost would be of adding it at a later date. Mrs. Eckstrom, Solid Waste Manager, stated that it would be difficult and much more costly at a later time. Mr. Lerner suggested that at this time have the contract include the observation area with the following stipulations: That in the next two weeks the Committee look into ways to bring the cost down and allow to have the observation area removed from the contract easily if the Board so decided. Mrs. Livesay and Mr. Winch stated that they feel the use of the area as an educational tool would be a benefit. Mr. Todd stated that as Liaison to the Neighborhood Advisory Committee for the Commercial Avenue Central Processing Facility, he believes this item is important to them and plans to support it. Mr. Joseph stated that he believes in the points made on this issue but is concerned with other programs in the County that need additional funding. Mr. Stein stated that if this is going to be done, it should be done in a way that is safe and attractive and will get a lot of use. It was the consensus of the Board to move forward and to look into this much more carefully. Mr. Lerner presented the preliminary Solid Waste budget for 1994 with slight revisions to the one presented at the June 1, 1993 Board meeting. He also presented a chart on Solid Waste Capital Projects and Debt Service. Mr. Lerner cautioned members against using earlier inaccurate drafts of this report and stated that the report dated June 29, 1993 contains the most current and accurate figures available at this time. Mr. Lerner stated that in February Chairman Watros appointed an Ad Hoc Committee on Solid Waste Finance and reported that although everyone would like to eliminate the Solid Waste Annual Fee in 1994, it is not clear that it is possible. He stated that if the Board approves a renewed Annual Fee for 1994, he would expect significant improvements to be made in that fee. He stated that the fee could be improved by the way apai t►nents are handled and stated that negotiations have begun with the Colleges to insure they pay their fair share. He stated that he would also like to see a better way to handle an annual fee with low income families. Mr. Lerner stated that he feels that if there is going to be an annual fee, all of the unfairness cannot be eliminated and the fee shouldn't represent too large of a portion of the Solid Waste budget. He would prefer to cut the fee in half if it cannot be eliminated in 1994. RESOLUTION NO. 184 - CHARGING THE AD HOC COMMITTEE ON SOLID WASTE FINANCE WITH DEVELOPING ALTERNATIVE FINANCING OPTIONS Moved by Mr. Lerner, seconded by Mr. Evans. He presented and explained the Table entitled Solid Waste Financing Options for 1994. He said that if the tipping fee in 1994 is going to be less than $192 per ton, the difference has to be accounted for. He thinks that a fee for recycling service is an interesting option but not practical for 1994. The only options for 1994 are the property tax, an annual fee or a combination of both. There was discussion on the various financing combinations as presented in the Table. Mr. Proto asked what the highest level the tipping fee could be. Mr. Lerner stated that the highest tipping fee that has been suggested has been $120. Mr. Stein declared recess at 7:47 p.m. The meeting reconvened at 7:51 p.m. Mr. Lerner stated that the Board should keep in mind that the higher the tipping fee, the greater of a chance for non-compliance of the Flow Control Law. Mr. Proto stated that he would like a financing option developed at a relatively higher tipping fee. A voice vote on the resolution resulted as follows: Ayes - 11, Noes - 0, Excused - 4 (Representatives Call, Mason, Shurtleff and Watros). Adopted. 178 June 29, 1993 WHEREAS, Resolution No. 95 of March 30, 1993 charged the Ad Hoc Committee on Solid Waste Finance with developing a plan to finance county solid waste services for 1994 and thereafter, with priority given to the following criteria: Stable, Fair, Protects the Environment, Easy to Implement, Easy to Enforce and Low in Cost, now therefore be it RESOLVED, on recommendation of the Solid Waste Resource Management Committee, That the Ad Hoc Committee on Solid Waste Finance is further charged with the following by the August 10 Board meeting: 1. Divide the Solid Waste Division budget into the following programs, and any others that are necessary: Management Disposal Recyclable Collection Recycling Composting Waste Reduction Old Landfills Facility Development 2. Identify dedicated revenue streams for each of these programs, including license and permit fees, sale of equipment, marketing of recyclables, and grants. 3. Establish a sludge tipping fee at the interim composting facility that comes as close as possible to paying for all interim composting program costs, plus an appropriate share of management costs. 4. Include appropriate debt service costs across programs appropriately. 5. Distribute management costs across programs appropriately. 6. Recommend a way of funding the balance of each program, choosing from among the tipping fee, property tax and the annual solid waste fee. 7. Develop alternate plans that include both relatively higher and lower tipping fees. 8. Develop alternate plans that include or exclude property tax as a funding source. 9. Report on projected solid waste budgets through 1998, describing the impact of those projections on each alternate plan. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) Mr. Todd urged the Board to review the tables and charts presented very carefully. He commended Mr. Lerner and staff for the time and work they put into these charts. Mrs. Livesay, Chairman, Solid Waste and Resource Management Sub -Committee on the Tompkins County Solid Waste Management Plan, reported that revisions to the Plan began three months ago and involves revising the Plan to conform to policy changes made by this Board. The comments received from the public last year on the Draft Plan also need to be incorporated. The Depaitnient of Environmental Conservation (DEC) has also commented on the Plan with what they would like to see more of or done in a different way with responses being prepared by staff. She stated that the draft of these responses along with the DEC comments are available in the Board office and asked for comments on the Plan to be submitted as soon as possible. She stated that the SEQR process on the Plan also needs to be completed. It is expected that the Plan will receive final approval at the end of December. Mrs. Livesay, Chairman, Solid Waste and Resource Management Sub -Committee on illegal dumping and open burning, stated that the committee will be reviewing existing laws, regulations and codes in order to make recommendations on the Sanitary Code which the Health Depal tment is in the process of revising now. She stated that an issue has arisen concerning illegal dumping and whether the investigator should pick up the trash. The Committee will be looking into this. Mrs. Eckstrom, Solid Waste Manager, reported that there is a video tape on illegal dumping available for viewing. 179 June 29, 1993 Mr. Evans, member, Solid Waste and Resource Management Committee, reported that on March 30 the Board adopted a resolution to abandon the proposed DR -7 landfill site and as a result the Landfill Neighborhood Protection Committee will be disbanding. He said that there is still some clean-up work that needs to be done at DR -7 and Ken Thompson, Assistant Solid Waste Manager, will be negotiating with the DEC on the most economical ways to do this. Mr. Evans stated that included in agenda packets are bid schedules for the hauling and disposal of solid waste. Mr. Lerner stated that he is chairing a subcommittee on recycling markets. This committee looks at ways for the County to encourage support and catalyze the creation or expansion of private sector businesses to take parts of the solid waste stream in a way that will make a more profitable business for the private sector. On July 22 at 2 p.m. at the Sheraton Inn there will be presentation from the New York State Depai tinent of Economic Developments Office of Recycling on how to develop local markets for recyclables. Mr. Lerner stated that the Solid Waste Division has been moving forward with developing a full scale composting facility and more information will follow in the coming months. Mr. Lerner extended his thanks to staff and advisory committee members for their work on preparing information for this meeting. On motion, the meeting adjourned at 8:37 p.m. 180 July 13, 1993 Regular Meeting Public Hearings Chairman Watros called the first public hearing to order at 5:30 p.m. concerning the 1993-94 Operating and Capital Budget request for Tompkins Cortland Community College. Chairman Watros asked if anyone wished to speak? Dr. Eduardo Marti, President, Tompkins Cortland Community College, stated that the proposed budget represents a 3.2 percent increase to the County's contribution. Debbie Payne, Newfield resident and Tompkins Cortland Community College Graduate, expressed her appreciation and support of the Pace Program at the College. Ms. Payne urged the Board to support the Master Plan proposed by the College. Melissa Edmunds, Tompkins Cortland Community College Graduate, expressed her appreciation for the College and thanked the Board for its support of the College. Rebecca Vallely, Groton resident and Tompkins Cortland Community College Graduate, stated that she is in full support of the College's budget and proposed Master Plan. No one else wished to speak and the public hearing was closed at 5:37 p.m. Chairman Watros called the second public hearing to order at 5:37 p.m. concerning proposed Local Law No. 4 of 1993 - Amending Local Law No. 7 of 1990 - Providing for Amendments to the Charter and Code - Article 5 - Financial Procedures and Controls. Chairman Watros asked if anyone wished to speak? No one wished to speak and the public hearing was closed at 5:39 p.m. Chairman Watros called the third public hearing to order at 5:39 p.m. concerning a proposed Second Addendum to a Lease Agreement with Taughannock Aviation Corporation - Fuel Farm for Tompkins County Airport. Chairman Watros asked if anyone wished to speak? No one wished to speak and the public hearing was closed at 5:40 p.m. Chairman Watros called the fourth public hearing to order at 5:40 p.m. concerning Award of Contracts - Airport Concessions II - ATM, Pay Telephone and Car Rental. Chairman Watros asked if the anyone wished to speak? No one wished to speak and the public hearing was closed at 5:41 p.m. Members and guests participated in the Pledge of Allegiance. Present: 15 Representatives. It was Moved by Mrs. Schuler, seconded by Mr. Joseph, and unanimously adopted by voice vote, to approve the minutes of June 15, 1993 as corrected. David Squires, Comptroller, introduced Jerry Mickelson of Ciaschi, Dietershagen, Little and Mickelson. Mr. Mickelson gave the Board a brief update on. the 1992 Financial Audit of Tompkins County. He stated that the Audit is broken down into various facets, including a financial review and review of the County's internal accounting structure which covers administrative and fiscal policies over the areas of purchases, accounts payable, cash disbursements, payroll, revenue and cash receipts, data 181 July 13, 1993 processing functions and other areas. Mr. Mickelson stated that the County has a budget of $62 million which is to be administered to the operating fund and in addition to that is $12 million in special revenue funds which are also administered. There is also a debt service of a approximately $6 million. He stated that the financial implications are that the County must have very adequate systems of controls, checks and balances. He said they feel the County's system of internal accounting is very adequate and that the County's compliance with laws and regulations is adequate and is described in the prepared report. Chairman Watros updated the Board on the current status of indoor air complaints at Biggs A. He stated that five proposals were presented to those individuals who are currently unable to work that are intended to allow them to safely return to work. A meeting is scheduled for July 14 for those individuals and their representatives to discuss these proposals. At a joint meeting of the Public Works and Construction Management, Human Services, and Health and Education Committees there was a consensus that a determination be made as quickly as possible about a capital project that would fully modernize air handling in Biggs A. Mr. Watros stated that all requests for information received prior to last week have been responded to and additional requests have been received this week and all but one will be answered within a very short time. A request for time card copies dating back several years will be provided but may take a little time. He stated that the Employee Safety and Health Coordinator is expected to be hired and on staff by next week and stated that there is a resolution on the agenda which authorizes the hiring of Judy Crawford, a Certified Industrial Hygienist, to conduct any testing deemed advisable. Mr. Watros said that Greg Siwinski's preliminary report has been received and sent to individuals and their attorneys. There is nothing in the report to which the County has any objection and expects that County to follow through on all of its recommendations in an expedited way for the benefit of everyone in the building. Under privilege of the floor, Herb Engman, Chairman, Environmental Management Council, spoke concerning the Tompkins County Recycling and Solid Waste Center, stating that among various solid waste advisory committees there has been support for this facility. He stated that it is seen as an opportunity to have flexibility in the County's recycling and solid waste disposal plans. He expressed support for the proposed viewing platform at the Facility and urged the Board to support it as well. Under privilege of the floor, Barbara Blanchard, City of Ithaca Councilperson, spoke concerning the proposed contract for the Tompkins County Recycling and Solid Waste Center. She stated that her • background as a professional Planner has allowed her to work in the solid waste field in a number of capacities over the past several years. Ms. Blanchard asked that the Board postpone a decision on the contract for the Tompkins County Recycling and Solid Waste Center until the Supreme Court has determined whether or not you can control the flow of solid waste to that facility. Under privilege of the floor, Ernest Bury, Valley Road, Ithaca, spoke concerning the Tompkins County Reclining and Solid Waste Center and expressed his opinion that recycling is regressive and very expensive. He stated that there are other investments that would be better for the environment. Under privilege of the floor, Paul Bennett, Hook Place, Ithaca, and a non-smoker, spoke concerning the policy of no smoking at the Tompkins County Public Safety Building. He stated that incarceration is very stressful to individuals and having a no smoking policy at the Public Safety Building makes inmates more aggressive. Mr. Bennett asked that the Board reconsider the policy and try to accommodate the inmates in a way that would not be of great cost to the County. Under privilege of the floor, Ann Rider, Political Action Chairman of the Civil Service Employees Association, Local 855, spoke concerning the resolution on the agenda entitled Authority to Contract - Judy Crawford, Certified Industrial Hygienist. Ms. Rider read a letter written by David Chase, CSEA President, in which it was stated that CSEA does not approve of this resolution and feels the hiring of an additional industrial hygienist would be a duplication of services already being provided by Mr. Greg Siwinski. 182 July 13, 1993 Under privilege of the floor, Judith Van Allen, Director of Offender Aid and Restoration (OAR), spoke concerning smoking in the Tompkins County. Public Safety Building. She stated that the Agency works in the Jail and does advocating services for the inmates. Ms. Van Allen made reference to a petition signed by inmates which requests County policy to be changed to allow smoking at the Jail in a way that would protect the rights of non-smokers. She stated that by not being allowed to smoke, there is increased stress and tension and urged the Board to reconsider this policy. Under privilege of the floor, Coert Bonthius, Tompkins -Cortland Labor Coalition Coordinator, spoke in support of the resolution on the agenda entitled Urging the Labor Commissioner to Appoint a Wage Board. Mr. Bonthius stated that the Coalition believes that Tompkins County is severely impacted by minimum wage jobs and stated that a person who makes minimum wage ($4.25 per hour) is living in poverty. He stated that a person cannot live on this wage without government assistance. Under privilege of the floor, Margaret Marks, Department of Social Services employee, spoke concerning indoor air quality at Biggs A. Ms. Marks stated that Mr. Ellis was very emotional at the June 29, 1993 Board meeting because he has been put under a great amount of stress as a result of the situation at Biggs A. Ms. Marks stated that it takes 6-18 months for a Social Welfare Examiner to become proficient at their job and stated that it would serve the County's best interests to return these experienced workers to their positions. Under privilege of the floor, Yvonne Bartlett, Department of Social Services employee, spoke concerning indoor air quality at Biggs A. Mrs. Bartlett stated that she is still out of work and does not receive any compensation. Mrs. Bartlett stated that she feels there is no plan for the employees who are out of work to return to their positions. Under privilege of the floor, Mel Bartlett, husband of Yvonne Bartlett who is a Department of Social Services employee, expressed his frustration over the situation at Biggs A. Mr. Bartlett disputed the reference made that his wife is "allegedly sick". He urged the Board to facilitate their efforts in dealing with this issue. Under privilege of the floor, James Ellis, Department of Social Services employee, spoke concerning indoor air quality at Biggs A. Mr. Ellis stated that it is time for the County to move forward quickly with recommendations made by Greg Siwinski and make the building a safe working environment. Under privilege of the floor, Margaret Kirchgessner, Human Rights Commission employee, spoke concerning indoor air quality at Biggs A. Mrs. Kirchgessner stated that she has been out of work since June 23 and said the problem has gone beyond the Department of Social Services. She stated that the Human Rights Commission is also located in the Biggs building and referred to venting problems in her department. Mrs. Kirchgessner stated that she feels communication between the Administration and employees needs to improve. Under privilege of the floor, Barbara Mahoney, Department of Social Services employee, spoke concerning indoor air quality at Biggs A. She stated that she also suffers from sick building syndrome. She stressed the urgency for finding a safe workplace for employees. Under privilege of the floor, Kathy Leinthall, Probation Director, spoke in opposition to the resolution on the agenda entitled Calling for a Plan to End the Smoking Ban in the Living Areas of the Tompkins County Jail. Ms. Leinthall stated that ending the smoking ban in the Jail would create several problems which would include the number of classifications in the Jail. She explained the number of ways in which these classifications could increase. Under privilege of the floor, Gordon Stevens, Corrections Administrator, spoke concerning the resolution on the agenda entitled Calling for a Plan to End the Smoking Ban in the Living Areas of the 183 July 13, 1993 Tompkins County Jail. Mr. Stevens stated that he is responsible for listening to concerns of the inmates and correction officers and stated that in keeping good faith with them he brought this item to the Board for consideration. Dr. Marti, President, Tompkins Cortland Community College, began discussion on the proposed Master Plan for the College stating that a requirement of the State University of New York asks the College to prepare a Plan which represents what the needs of the College will be in the near future. He stated that the Master Plan would accommodate the needs of the College for the next five years. Dr. Marti stated that the Plan includes several projects but if a project is not contained in the Plan, it cannot be funded by the State University of New York. However, if a project is contained in the Plan, it does not have to be funded. He said that the building has been in existence since 1974 and the College has never asked Tompkins County for Capital dollars, but needs to now because the building is getting older and the projects larger. For example, the roof on the campus needs to be replaced and classrooms expanded. The College is looking to the future to see where the College wants to be. Dr. Marti explained that the College is asking Tompkins County to fund projects which total $2,166,000. The amount does not have to be paid all at once, it can be accomplished on a project to project basis or the County could decide to issue a bond. The College would receive a total of $8,689,000 towards the proposed Master Plan when combined with the shares of Cortland County and the State University of New York. He stated that the first time the College will come to Tompkins County and ask for money will be in June, 1994 after the State budget has been adopted. Dr. Marti concluded his presentation by thanking the Board for Tompkins County's past and continued support of the College. Chairman Watros thanked Dr. Marti for responding to concerns that have been raised relative to the proposed Master Plan. He stated that he believes it will be received on much better terms than the original proposal. On motion of the appropriate committee chairmen and duly seconded and unanimously adopted by voice vote, the following resolutions were added to the agenda: Authorizing SEQRA Compliance for Execution of a Service Agreement in Connection with the Applications for the Required Permit and any Modification of the Permit with the Department of Environmental Conservation Authorization to Contract, Continuation of Pace Program through Contract between Tompkins Cortland Community College and Tompkins County Department of Social Services Endorsing Tompkins Cortland Community College Facilities Master Plan and Approving Expansion and Renovation of Tompkins Cortland Community College Facilities Subject to State Approval and Funding Approval of Amendments of Employee Council Bylaws Chairman Watros gave the appropriate committee chairmen permission to withdraw from the agenda the following resolutions: Establishment of Fee Schedule for Sale of Voter Registration Listings and Computerized Data Files Award of Contract for Hillview Well Replacement and Confirmatory Investigation Transfer Station Billing Procedures Transfer Facility Payment Plan Flow Control Enforcement Authorizing Contract with ServRite for Provision of Restaurant/Bar, Gift Shop and Vending Services - Tompkins County Airport Chairman Watros gave the appropriate committee chairmen permission to withdraw from the agenda the following resolutions with final committee action being affirmed: 184 July 13, 1993 CA067-93 - Authorization to Execute Contract - Brigid Kernan Terry, Occupational Therapist and Terry Hoppenrath, Physical Therapist CA068-93 - Approval of Funding for C.A.P./C.V.B. Joint Marketing Plan CA069-93 - Authorization to Contract, Continuation of Pace Program through Contract between Tompkins Cortland Community College and Tompkins County Department of Social Services CA070-93 - Authorization to Contract with the Senior Citizens Council to Expand their Ability to Carry Out the Health Insurance Counseling Program CA071-93 - Authorization to Contract with Gadabout Transportation Services, Inc. to Provide Transportation to Senior Citizens RESOLUTION NO. 185 - ENDORSING TOMPKINS CORTLAND COMMUNITY COLLEGE FACILITIES MASTER PLAN AND APPROVING EXPANSION AND RENOVATION OF TOMPKINS CORTLAND COMMUNITY COLLEGE FACILITIES SUBJECT TO STATE APPROVAL AND FUNDING Moved by Mr. Proto, seconded by Mr. Evans. Mr. Stein stated that this is a very fine institution and one that Tompkins County can be proud of. He also stated that he has received several letters of support for this Plan including letters from Borg Warner, Citizens Savings Bank and Therm, and stated that it does not make sense when the Board is asked to support something and at budget time is asked to cut the budget. However, Mr. Stein stated he will vote in favor of this. Mr. Culligan stated that he served on the committee in the 1960's which selected the site for the College and would support this. Mr. Winch stated that the age of the Facility warrants the upgrade to code and preserving the existing building and campus. He stated that he believes the changes in the proposed Master Plan will permit adjustments to the programs that the College provides. He complimented the College on its efforts towards energy efficiency. Mr. Proto stated that some of the businesses who have supported the proposed Master Plan employ graduates of the college and also stated that Tompkins Cortland Community College is the only place where some of the County's residents can further their education. Mr. Proto, on behalf of the Health and Education Committee and the Board, thanked the College for its service to the community. Chairman Watros stated that if adopted, the resolution would be subject to its form by the County Attorney. Chairman Watros thanked Dr. Marti and other staff members of the College for bringing forth to the Board the information presented on the proposed Master Plan. A voice vote resulted as follows: Ayes - 15, Noes - 0. Adopted. WHEREAS, the Tompkins County Board of Representatives and the Cortland County Legislature as sponsors of Tompkins Cortland Community College, recognize the need for building space modifications within the Tompkins Cortland Community College campus to address the enrollment increases experienced during recent years and further recognizes the need to make certain improvements to existing facilities on campus to bring them into code compliance, improve their efficiency and to extend their useful lives, and WHEREAS, the College entered into an agreement with the firms Thomas Associates and Saratoga Associates "to expand and refine the Facility Master Plan previously completed by the College, to re-evaluate enrollment and space projections, to closely scrutinize the condition of existing campus facilities and to focus on and clearly define those campus renovations or improvements which are most essential to the College's mission", and WHEREAS, the comprehensive Facilities Master Plan has been completed under guidance and direction of County and College officials and in consultation with the .State. University of New York (SUNY) Office of Capital Facilities producing a revised Facilities Master Plan that will guide the College and its sponsors in ensuring the integrity of the physical plant and in providing for the programmatic needs of the college, and WHEREAS, Phase I of the project identifies health and safety projects, handicapped access, code compliance, work related to the preservation of the physical structure, and the creation of additional instructional space necessary to accommodate increased enrollment as well as enrollment in courses requiring special laboratories, and 185 July 13, 1993 WHEREAS, Thomas Associates and Saratoga Associates have estimated that all costs related to phase I of the Master Plan are not likely to exceed $8,689,572 one half of which would be funded by New York State and one half by the Counties of Tompkins and Cortland, now therefore be it RESOLVED, That the Board of Representative does hereby approve the Tompkins Cortland Community College Facilities Master Plan, RESOLVED, further, That subject to the approval of said Master Plan by the State and the appropriation of 50 percent State funding, this Board of Representatives does hereby approve the undertaking of Phase I of the Master Plan and the appropriation of the Tompkins County portion of the 50 percent of the local sponsor share, RESOLVED, further, That Tompkins Cortland Community College submits to the State appropriate applications and information necessary for approval of the Facilities Master Plan and funding of Phase I, RESOLVED, further, That certified copies of this Resolution be sent to the Cortland County Legislature, the Board of Trustees of Tompkins Cortland Community College, the Board of Trustees of the State University of New York, and the State University Construction Fund, RESOLVED, further, That this resolution shall become effective upon adoption of a concurrent resolution by the Cortland County Legislature. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 186 - MODIFICATION OF THE 1992-93 OPERATING BUDGET - TOMPKINS CORTLAND COMMUNITY COLLEGE Moved by Mr. Proto, seconded by Mrs. Schuler, and unanimously adopted by voice vote. WHEREAS, the Board of Trustees, Tompkins and Cortland Counties, and State University of New York have previously approved the 1992-93 Operating Budget for Tompkins Cortland Community College, and WHEREAS, the College will expand its summer program and will exceed its original budget, and the reallocation of funds in various departments is necessary to meet increased demands per the 1992-93 Modified Budget, and WHEREAS, the total revenue and total expenditures will be increased by $202,450 to a modified level of $12,209,238, and WHEREAS, the local sponsor share will not be affected by the modification, now therefore be it RESOLVED, on recommendation of the Health and Education and Budget and Administration Committees, That the Board of Representatives approve the 1992-93 Modified Operating Budget. SEQR ACTION: EXEMPT OF TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 187 - ADOPTION OF 1993-94 OPERATING BUDGET - TOMPKINS CORTLAND COMMUNITY COLLEGE Moved by Mr. Proto, seconded by Mr. Evans, and unanimously adopted by voice vote. WHEREAS, a proposed operating budget for Tompkins Cortland Community College for the fiscal year. September 1, 1993 through August 31, 1994 has been presented to the Board of Representatives of the County of Tompkins pursuant to County Law and Section 6306 of the Education Law, and WHEREAS, the Board of Representatives has conducted a public hearing on said proposed budget on the 13th day of July, 1993, now therefore be it 186 July 13, 1993 RESOLVED, on recommendation of the Health and Education and the Budget and Administration Committees, That said proposed 1993-94 operating budget in the amount of $13,301,917 of which the sponsoring community contribution is in the amount of $2,601,937 be and the same hereby is approved, RESOLVED, further, That the Board of Representatives of Tompkins County includes in the 1994 Tompkins County Budget an amount to be determined pursuant to the approved plan for said College in effect as of September 1, 1993 and that the amount when determined be raised by taxation in the County of Tompkins in the fiscal year 1994, RESOLVED, further, That this resolution shall become effective upon the adoption of a concurrent resolution by the Cortland County Legislature. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 188 - ADOPT 1993-94 CAPITAL BUDGET - TOMPKINS CORTLAND COMMUNITY COLLEGE Moved by Mr. Proto, seconded by Mr. Culligan, and unanimously adopted by voice vote. WHEREAS, the Board of Trustees of Tompkins Cortland Community College has presented to this Legislature a Tentative Capital Budget for fiscal year 1993-94, now therefore be it RESOLVED, on recommendation of the Health and Education and Budget and Administration Committees, That said 1993-94 Capital Budget in the amount of $118,000 of which the sponsoring community contribution is in the amount of $59,000 to be funded by out -of -county chargebacks be and the same hereby is approved and adopted, RESOLVED, further, That the sponsoring community contribution shall be paid from the capital construction account to be maintained by Tompkins Cortland Community College, RESOLVED, further, That this resolution shall become effective upon adoption of a concurrent resolution by the Cortland County Legislature. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) Following adoption of the resolutions concerning Tompkins Cortland Community College, Dr. Marti, President, thanked the Board for the support given by Tompkins County. Chairman Watros declared recess at 8:00 p.m. The meeting reconvened at 8:08 p.m. Chairman Watros began discussion by recognizing Mr. Lerner, Chairman of the Solid Waste and Resource Management Committee and Mr. Winch and Mrs. Livesay as members of the Negotiating Team for their work in developing and negotiating the proposed contract for the Tompkins County Recycling and Solid Waste Center. Chairman Watros stated that a letter to the Board dated July 12, 1993 was received from Mark Goldfarb, President of the Tompkins County Rental Housing Association. The letter stated that the Association is concerned about the expenditure of this project and urged the Board to table any decisions regarding solid waste disposal until other alternatives are explored. Mr. Lerner stated that it has been a long process to bring the Board to this point and thanked Mrs. Eckstrom, Solid Waste Manager, Solid Waste Division staff and the Negotiating Team for their work on this project. He stated that two packets of information have been distributed entitled "Tompkins County Recycling and Solid Waste Center Project Summary" and "The Purpose and Features of the Tompkins County Recycling and Solid Waste Center - A Report of the Solid Waste and Resource Management Committee". Mr. Lerner described the proposal by stating that this is the systematic, business -like, long- term way to bring down costs of the solid waste program and protect the environment at the same time. 187 July 13, 1993 Mr. Lerner stated that the concept of the Facility is to have one central location that virtually all of the waste in Tompkins County comes to where it can be sorted, processed, transferred and shipped to the appropriate destination. This would exclude material going to the interim composting facility. The point of the Facility is to make the process as simple and efficient as possible. Mr. Lerner explained the process of waste and recyclables entering and leaving the facility. He stated that the proposed contract to CR Inc. guarantees the County that at least five percent of the waste material that goes in will go out as recyclables. It is the responsibility of CR Inc. to remove contaminated waste from the stream before recyclables are delivered to market. Mr. Lerner explained solid waste finances, stating that increasingly in the 1990's recyclables are commodities that are traded on the commodities markets. By teaming up with CR Inc. in a partnership, Tompkins County will be able to take advantage of CR Inc.'s national and international markets that are dealing in much vaster quantities and Tompkins County will receive advantages of huge volumes at wholesale prices. He stated that the 1995 projection is that Tompkins County's cost for disposal will be approximately $70 per ton and recycling $0-$10 per ton. The total waste stream for Tompkins County right now is in the neighborhood of 60,000 tons per year. The proposed agreement .with CR Inc., a money -saver for Tompkins County and an incentive for both CR Inc. and the County to bring the cost down through maximum recycling. He stated the proposed Facility is designed to save residents and the government of Tompkins County money through maximum and aggressive recycling. Mr. Lerner referred to the report entitled "The Purpose and Features of the Tompkins County Recycling and Solid Waste Center - A Report of the Solid Waste Resource Management Committee" and explained Table I - Comparison of Annual Solid Waste and Recycling Budget Projections (1995) which estimates a cost savings with Recycling and Solid Waste Center in 1995 of $728,389. In addition, reduced transportation costs to transfer station will save haulers approximately $150,000 annually who can pass the savings on to their customers. Mr. Lerner updated the Board on the status of Flow Control and the possibility of the Law being overturned by the Supreme Court. He stated that in the worst case scenario if the Law were overturned, Tompkins County would have to lower the tipping fee and raise the revenue some place else but there is no minimum tonnage with the proposed contract with CR Inc. and Tompkins County would not suffer a significant loss. He feels that Flow Control will be upheld with the Supreme Court siding with municipalities statewide. RESOLUTION NO. 189 - AWARDING A CONTRACT FOR THE DESIGN, CONSTRUCTION, ACCEPTANCE TESTING AND OPERATION OF THE TOMPKINS COUNTY RECYCLING AND SOLID WASTE CENTER PURSUANT TO GENERAL MUNICIPAL LAW SECTION 120-W AND AUTHORIZING AND DIRECTING THE PUBLICATION OF NOTICE OF SUCH AWARD Moved by Mr. Lerner, seconded by Mrs. Livesay. There was discussion concerning the need for an observation deck at the Facility. It was Moved by Mr. Lerner, seconded by Mrs. Livesay, and unanimously adopted by voice vote to postpone action on this resolution until action has been taken on Resolution No. 190. A lengthy discussion followed concerning the possibility of eliminating rural drop off centers. Mr. Lerner stated that once that the Facility is operating, it is expected that everything going to the Facility will be picked up at the curbside. He stated that a decision to close rural drop off centers has not been made. At this point in the meeting, Mr. Lerner introduced Mr. Dick Kattar, President of CR Inc. who in turn introduced members of the CR Inc. team. Mr. Kattar gave a brief overview of his company and its operations stating that the companies technology is far above others in the world. Mr. Kattar stated that a 188 July 13, 1993 local construction manager has been hired for construction of the Facility. Following a presentation on the physical layout of the proposed facility, a brief question and answer session concluded the presentation. RESOLUTION NO. 190 - AUTHORIZING SEQRA COMPLIANCE FOR EXECUTION OF A SERVICE AGREEMENT IN CONNECTION WITH THE APPLICATIONS FOR THE REQUIRED PERMIT AND ANY MODIFICATION OF THE PERMIT WITH THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Moved by Mr. Lerner, seconded by Mrs. Livesay. A roll call vote resulted as follows: Ayes - 14, Noes - 1 (Representative Shurtleff). Adopted. WHEREAS, pursuant to the State Environmental Quality Review Act, ECL Section 8-0101, et sec (SEQR) and implementing regulations, 6NYCRR Part 617 this Board of Representatives has reviewed the potential environmental impacts resulting from the adoption of Resolution No. 186 and has analyzed and identified areas of environmental concern to determine if the action may have a significant effect on the environment, and WHEREAS, this Board of Representatives, as the sole agency maintaining any discretionary approvals regarding the adoption of Resolution No. 186, is the only involved agency for environmental quality review of its adoption in accordance with SEQRA, and WHEREAS, Resolution No. 186 awards a contract for the design, construction, acceptance testing and operation of the Tompkins County Recycling and Solid Waste Center which is expressly conditioned upon compliance by the County with the requirements of SEQRA and the need, if any, to modify or amend any permits, and WHEREAS, the County has applied for an obtained a permit in connection with the Recycling and Solid Waste Center, prepared a final environmental impact statement and adopted a Findings Statement in connection therewith, and WHEREAS, the County may seek a modification of its permit and intends to comply with SEQRA and assess the environmental impact of any modification in connection with any application for a DEC permit modification, and WHEREAS, any potential environmental impacts of Resolution No. 186 have been addressed in the SEQRA process in connection with the permit application and will be further addressed in connection with any application for a modification of the permit, now therefore be it RESOLVED, on recommendation of the Solid Waste and Resource Management Committee, That consideration and compliance with SEQRA for the execution of the service agreement has occurred in connection with the application for a permit and shall further occur upon submission of any permit modification with DEC and that the service agreement authorized by Resolution No. 186 is contingent upon such SEQRA compliance and obtaining approval of any required permit modification. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 189 - AWARDING A CONTRACT FOR THE DESIGN, CONSTRUCTION, ACCEPTANCE TESTING AND OPERATION OF THE TOMPKINS COUNTY RECYCLING AND SOLID WASTE CENTER PURSUANT TO GENERAL MUNICIPAL LAW SECTION 120-W AND AUTHORIZING AND DIRECTING THE PUBLICATION OF NOTICE OF SUCH AWARD Moved by Mr. Lerner, seconded by Mrs. Livesay. A roll call vote resulted as follows: Ayes 13, Noes - 2 (Representatives Proto and Shurtleff). Adopted. 189 July 13, 1993 WHEREAS, the Tompkins County Board of Representatives by Resolution No. 505 dated December 17, 1991, authorized the publication of a final Request for Proposals ("RFP") for the design, construction, acceptance testing and operation of the Tompkins County Recycling and Solid Waste Center ("Facility"), formerly the Central Processing Facility, and accepted the findings related to the substantive elements of comments received in relation to the draft RFP in connection therewith, and WHEREAS, this Board of Representatives by Resolution No. 348 dated October 20, 1992 accepted the recommendation of the County's Evaluation Team to designate as preferred proposers for negotiations New England CR Inc. ("CR Inc.") and Resource Recycling Technologies ("RRT"), authorized the issuance of an amended Request for Proposals to said proposers reflecting cost saving measures requested by this Board, and authorized and directed the Evaluation Team to continue to negotiate with either of said proposers, and WHEREAS, this Board of Representatives by Resolution No. 90 dated March 30, 1993, reaffirmed and accepted the Facility Justification Report prepared by the Solid Waste Manager, declared the continued procurement and development for the Facility to be in the public interest, reaffirmed its agreement with the City of Ithaca as stated in Resolution No. 77 dated February 19, 1991, reaffirmed its goal to minimize long term costs of solid waste handling, authorized the Chair of this Board to appoint a Negotiating Committee and Negotiators and authorized and directed the Negotiating Committee to conclude negotiations with either CR Inc. or RRT on the basis of cost saving measures set forth in Resolution No. 348 and subject to the requirements of the State Environmental Quality Review Act and the need, if any, to modify or amend existing Part 360 Permits for the Facility, and WHEREAS, the Negotiating Committee and Negotiators have evaluated revised proposals submitted by both CR Inc. and RRT in response to the amended RFP and met independently on May 12, 1993 with each of the proposers to discuss and clarify their revised proposals, and WHEREAS, the Negotiating Committee and Negotiators received and further evaluated written responses and clarification dated May 18, 1993, submitted by each proposer following those meetings, and WHEREAS, the Negotiating Committee accepted the recommendation of the Solid Waste Manager, in conjunction with County's technical, legal, financial an risk management advisors (collectively "County Consultants") as well as appropriate County staff, to designate CR Inc. as the preferred proposer to negotiate, for consideration by this Board, the terms of a recommended service agreement providing for the design, construction, acceptance testing and operation of the Facility, which recommendation is memorialized in a report dated June 18, 1993, a copy of which has been made available to this Board, and WHEREAS, the Negotiators, in conjunction with the Solid Waste Manager and County Consultants have negotiated and prepared, in a series of negotiating sessions with CR Inc., the substance of a preferred service agreement including attached technical schedules, (together "Service Agreement") subject only to agreement on final language revisions, which Service Agreement has been made available to this Board, and WHEREAS, this Board has determined that it is in the public interest to award a contract to CR Inc. on the basis of overall Facility costs and anticipated revenues and such other factors as Facility design, system reliability, energy efficiency, compatibility with source separation and other recycling systems and environmental protection, together with such other factors as are specified in the RFP, as amended, and WHEREAS, the County has determined that and award to CR Inc. does not require the adoption of particularized findings referred to in General Municipal Law Section 120-w(4)(e)(4) because of all responsive proposals received by the County, the total proposal submitted by CR Inc. for the Facility provides the lowest net cost to the County, and WHEREAS, this Board wishes to authorize the Clerk of this Board to publish notice of such award in accordance with General Municipal Law Section 120-w(6), now therefore be it RESOLVED, That the County Administrator is authorized and directed to execute a Service Agreement with CR Inc., providing for the design, construction and acceptance testing of the Facility for the Fixed Construction Price of $5,646,439 inclusive of a public viewing platform valued at $141,901 and operation of the Facility for the Operations and Maintenance Fee described in said Service Agreement on the basis of the determination by this Board that (a) CR Inc. is the most responsible proposer having 190 July 13, 1993 submitted the most responsive proposal to the RFP, as amended, and (b) of all proposals received from responsible proposers, CR Inc.'s total proposal, as negotiated, will provide the lowest net cost to the County, subject to such final language revisions as the Chairman of this Board determines to be in the public interest, RESOLVED, further, That the rights, obligations and liabilities of the County pursuant to said Service Agreement shall be and hereby are made expressly subject to satisfaction of each of the conditions precedent described at Article III thereof including, without limitation, compliance by the County with the requirements of the State Environmental Quality Review Act and the need, if any, to modify or amend the existing Part 360 Permits for the Facility issued by the Depaitment of Environmental Conservation, unless such conditions are waived by the County in its sole discretion pursuant to said Article III, RESOLVED, further, That the validity of the Service Agreement and the procedures relating to its award may be contested only if: (1) such action, suit or proceeding is commenced within sixty (60) days after the date of publication of such official action, and (2) such award or procedure was not authorized pursuant to General Municipal Law Section 120- w, or (3) any of the provisions of General Municipal Law Section 120-w which should be complied with at the date of the publication of such official action have not been substantially complied with, or (4) a conflict of interest can be shown in the manner in which the Service Agreement was awarded, RESOLVED, further, That the Clerk of the Board is hereby authorized and directed to publish notice of the official action of the County awarding the Service Agreement in accordance with General Municipal Law Section 120-w (6)(b), RESOLVED, further, That a budget of $350,000 be established for miscellaneous project expenses, staff service, consulting and project support activities provided that no portion of such budget shall be allocated to CR Inc. SEQR ACTION: SEE RESOLUTION NO. 190 DATED JULY 13, 1993 Chairman Watros declared recess at 9:32 p.m. The meeting reconvened at 9:38 p.m. RESOLUTION NO. 191 - AWARD OF CONTRACT - AIRPORT CONCESSIONS II - ATM, PAY TELEPHONE AND CAR REPAIR Moved by Mr. Winch, seconded by Mr. Culligan, and unanimously adopted by voice vote. WHEREAS, a public hearing was duly advertised and held before the Board of Representatives this 13th day of July, 1993, to hear all persons interested in the proposals, and WHEREAS, the Division of Purchasing and Central Services has duly advertised for proposals for Airport Concessions II - ATM Machine, Pay Telephone and Car Repair, and WHEREAS, proposals were received and duly opened May 28, 1993, and WHEREAS, no proposals were received for Car Repair, now therefore be it RESOLVED, on recommendation of the Public Works and Construction Management Committee, That the proposals be awarded as follows: ATM Machine Citizens Savings Bank Ithaca, NY Millicom Services Co. Brooklyn, NY Administrator be and hereby is authorized to execute Pay Telephone Services RESOLVED, further, That the County agreements on behalf of Tompkins County. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) 191 July 13, 1993 RESOLUTION NO. 192 AUTHORIZING SECOND ADDENDUM - LEASE AGREEMENT WITH TAUGHANNOCK AVIATION CORPORATION - TOMPKINS COUNTY AIRPORT Moved by Mr. Winch, seconded by Mr. Todd, and unanimously adopted by voice vote. WHEREAS, US Air and Taughannock Aviation Corporation (TAC) wish to cease operations at the existing fueling facility and remove underground tanks contained therein in order to comply with EPA and New York State environmental regulations, and WHEREAS, TAC wishes to build a new fuel facility at another site within Tompkins County Airport and install aboveground tanks, and WHEREAS, TAC also wishes to return leased land for which it no longer has a use, and WHEREAS, a public hearing was duly advertised and held this 13th day of July, 1993 and all persons wishing to address the Board on this subject have had the opportunity to do so, now therefore be it RESOLVED, on recommendation of the Public Works and Construction Management Committee, That the County Administrator be and hereby is authorized to execute a second addendum agreement with TAC to incorporate said changes, RESOLVED, further, That in order to allow TAC to amortize the costs of building the new fuel farm, the second addendum agreement be extended beyond the term of the original agreement for ten (10) years, until December 31, 2005. SEQR ACTION: UNLISTED (NEGATIVE DECLARATION ON FILE) RESOLUTION NO. 193 - AUTHORIZING CONTRACTS WITH AVIS RENT A CAR SYSTEM INC. AND THE HERTZ CORPORATION FOR PROVISION OF RENTAL CAR SERVICES - TOMPKINS COUNTY AIRPORT Moved by Mr. Winch, seconded by Mr. Culligan, and unanimously adopted by voice vote. WHEREAS, a request for proposals for the operation of rental car concessions at the Tompkins County Airport has been duly advertised and two proposals were timely received, and WHEREAS, a public hearing was duly advertised and held this 13th day of July, 1993, and all persons wishing to address the Board on this subject have had the opportunity to do so, now therefore be it RESOLVED, on recommendation of the Public Works and Construction Management Committee, That the proposals submitted by Avis Rent A Car System Inc. and The Hertz Corporation be accepted and the County Administrator be and hereby is authorized and directed to execute contracts with same for a period of five (5) years, commencing from the opening date of the new terminal. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 194 - AUTHORIZING CONTRACT WITH INTERSPACE AIRPORT ADVERTISING FOR PROVISION OF ADVERTISING SERVICES - TOMPKINS COUNTY AIRPORT Moved by Mr. Winch, seconded by Mr. Shurtleff, and unanimously adopted by voice vote. WHEREAS, a request for proposals (RFP) for the operation of an Advertising Concession at the Tompkins County Airport has been duly advertised and no proposals were timely received, and 192 July 13, 1993 WHEREAS, negotiations have been ongoing with Interspace Airport Advertising who expressed an interest in providing this service on different terms than were specified in the RFP, and satisfactory terms have been mutually agreed, and WHEREAS, a public hearing was duly advertised and held this 13th day of July, 1993, and all persons wishing to address the Board on this subject have had the opportunity to do so, now therefore be it RESOLVED, on recommendation of the Public Works and Construction Management Committee, That a contract be signed with Interspace Airport Advertising and the County Administrator be and hereby is authorized and directed to execute said contract with Interspace Airport Advertising for a period of ten (10) years, commencing from the opening date of the new terminal. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 195 - ROUTE 90 DETOUR Moved by Mr. Winch, seconded by Mr. Todd, and unanimously adopted by voice vote. WHEREAS, the New York State Depai Intent of Transportation proposes to replace two (2) box culverts on New York State Route 90 between the Town of Genoa and Creek Road in Cayuga County, and WHEREAS, in conformance with Section 42 of the New York State Highway Law, the New York State Depai tment of Transportation proposes to utilize the following Tompkins County road as a detour during the construction period: CR154 (Locke Road), and, WHEREAS, the New York State Department of Transportation will provide traffic control devices and make improvements or repairs when necessary to the above-mentioned road to make it adequate to handle additional detour traffic, now therefore be it RESOLVED, on recommendation of the Public Works and Construction Management Committee, That the Board of Representatives of the County of Tompkins does hereby authorize the New York State Department of Transportation to utilize the above mentioned road as a detour for approximately sixty (60) days during the period of May 1, 1994 - October 1, 1994 or during the period of May 1, 1995 - October 1, 1995 for construction, RESOLVED, further, That the County of Tompkins will continue to provide routine maintenance on the above mentioned road, including snow and ice control, RESOLVED, further, That the Clerk of the Board of Representatives is hereby directed to transmit three (3) certified copies of this resolution to the State Department of Transportation. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 196 AUTHORIZING A CONTRACT WITH AVIATION PLANNING ASSOCIATES IN CONNECTION WITH PROVISION OF A COMPUTER SOFTWARE PACKAGE, TRAINING, AND OTHER FINANCIAL SERVICES TO ALLOW FOR ONGOING CALCULATION OF ANNUAL AIRLINE RATES AND CHARGES - TOMPKINS COUNTY AIRPORT Moved by Mr. Winch, seconded by Mr. Shurtleff, and unanimously adopted by voice vote. WHEREAS, the new Airline -Airport Use and Lease Agreement calls for the proposed schedule of rates and charges to be made available to the Airlines no later than ninety days prior to the end of each fiscal year, and WHEREAS, Aviation Planning Associates are able to reduce the necessary formulas and calculations to a software package which can be used by airport staff in the future, and 193 July 13, 1993 WHEREAS, Aviation Planning Associates will provide said software, training, assist with the first year's calculations and help with the presentation of the calculations to the Airlines, now therefore be it RESOLVED, on recommendation of the Public Works and Construction Management Committee, That the firm of Aviation Planning Associates, Inc. be retained to provide said software and services on a time and expenses basis for an amount not to exceed $12,000 and that the County Administrator be and hereby is authorized to execute a contract with said firm, RESOLVED, further, That the Comptroller is hereby authorized to transfer $12,000 from the Airport Fund Balance to Construction Account No. HU5610.4442 to meet the cost of this contract. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 197 - AUTHORIZATION TO EXECUTE A GRANT AGREEMENT WITH NEW YORK STATE DEPARTMENT OF TRANSPORTATION (NYSDOT) - PURCHASE OF NEW SNOW PLOW Moved by Mr. Winch, seconded by Mr. Shurtleff, and unanimously adopted by voice vote. WHEREAS, the County has received a grant offer from the New York State Depailment of Transportation (NYSDOT) in the amount of $10,648.40 towards the cost of buying a new snow plow, and WHEREAS, the budget for said snow plow is as follows: FAA Share Account No. HT 5610.4592 $ 191,671.20 NYSDOT Share Account No. HT 5610.3592 $ 10,648.40 Local Share (PFC) Account No. HT 5610.5031 $ 10,648.40 Total Cost Account No. HT 5610.2200 $ 212,968.00 RESOLVED, on recommendation of the Public Works and Construction Management Committee, That the NYSDOT grant offer in the amount of $10,648.40 be and hereby is accepted and that the County Administrator is authorized to execute the required documents. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 198 - ESTABLISHING FUNDING FOR CRASH, FIRE, RESCUE (CFR) EXPANSION - DESIGN AND CONSTRUCTION AND RUNWAY OVERLAY DESIGN Moved by Mr. Winch, seconded by Mr. Mason, and unanimously adopted by voice vote. WHEREAS, the County has received notice that the Crash, Fire, Rescue (CFR) Expansion - Design and Construction and Engineering Design for the Runway 14/32 Overlay is fundable up to a total Federal Aviation Administration (FAA) share of $386,869, State share of $21,493 and local share (PFCs) of $21,493, now therefore be it RESOLVED, on recommendation of the Public Works and Construction Management Committee, That the budget for these projects be established at $429,855, RESOLVED, further, That the Comptroller is authorized to borrow monies until reimbursement is received from the FAA, New York State Department of Transportation (NYSDOT) and PFCs. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 199 - PAVING AUTHORIZATION (Rescinded by R.235 of 1993) Moved by Mr. Winch, seconded by Mr. Mason. There was discussion on the current lawsuit against the State which has jeopardized dedicated CHIPS funding and whether the County should 194 July 13, 1993 continue its paving program this summer. William Mobbs, Public Works Commissioner, updated the Board on the status of the lawsuit and funding. He stated that neighboring counties are continuing with paving programs. Mr. Lerner stated there is $800,000 at risk if this funding is not received. Mr. Mobbs stated that this resolution, if adopted, would authorize the program to commence paving as originally planned. Mr. Todd stated that the $800,000 may have an impact of adding this to the County's 1994 budget twice, once to pay for the revenue not received in 1993 and again for paving to be done in 1994. Mr. Mason stated this has come at a very bad time because of the severity of damages to roads caused by the past winter. He stated that if the resolution is adopted, a message should be sent to representatives in Albany that the County expects dedicated highway funds to be restored. Mr. Winch stated that the Board needs to give direction in addressing the State on the impact this is having on municipalities throughout the State. It was Moved by Mr. Stein, seconded by Ms. Mink to add the following Resolved: "RESOLVED, further, That should the current lawsuit result in the loss of $801,000 for CHIPS funds, that the Highway Division shall cease further operations and return to the Board for guidance." A substitute was offered to the amendment to replace $801,000 with $400,000. It was Moved by Mr. Lerner to refer this issue to the Budget and Administration Committee. Motion failed for lack of a second. Following discussion, it was Moved by Mrs. Call, seconded by Mr. Lerner, to refer this issue to the Budget and Administration and Public Works and Construction Management Committee. Mr. Stein stated that referring this to a committee would not stop paving operations. The Public Works Department was approved to do $800,000 worth of paving in 1993 and unless instructed otherwise, they are authorized to continue. At this point the motion made by Mrs. Call, seconded by Mr. Lerner, was withdrawn. Discussion followed concerning the County's infrastructure and the importance in taking care of it. It was Moved by Mr. Stein, seconded by Mr. Shurtleff, to amend the substituted amendment to read as follows: "RESOLVED, further, That when the Highway Department has spent a total of $250,000 in anticipated CHIPS funds, the Highway Division shall cease operations and return to the Board for Guidance, RESOLVED, further, That this issue be sent to the Public Works and Construction Management and Budget and Administration Committees for review and to the Board for further action." Ms. Mink stated that she was not prepared at this time to vote on something that could result in a property tax increase. Mrs. Livesay stated that she feels the State Legislature has some obligation to come up with money and more public awareness is needed. Chairman Watros called the question. Mr. Mason challenged the ruling of the Chairman. A roll call vote resulted as follows: Ayes 13, Noes - 1 (Representative Lerner). The Chairman does not vote. The ruling of the Chairman was not sustained. Mr. Mason stressed the impact the winter has had on County roads and stated that if these roads are not taken care of it is possible they will not exist next year. Mr. Winch stated that the Depai lment has already spent $100,000 as authorized by the Public Works and Construction Management Committee. It was clarified that his amendment would authorize an additional $150,000 to the $100,000 previously authorized by the Committee. A roll call vote on the amendment to the substituted amendment resulted as follows: Ayes - 11, Noes - 4 (Representatives Mason, Proto, Todd and Watros). Amendment Carried. A roll call vote on the resolution as amended resulted as follows: Ayes - 14, Noes - 1 (Representative Lerner). Adopted. RESOLVED, on recommendation of the Public Works and Construction Management Committee, That the Highway Division is instructed to continue paving immediately as scheduled. 195 July 13, 1993 RESOLVED, further, That when the Highway Depaitment has spent a total of $250,000 in anticipated CHIPS funds, the Highway Division shall cease operations and return to the Board for guidance, RESOLVED, further, That this issue be sent to the Public Works and Construction Management and Budget and Administration Committees for review and to the Board for further Board action. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 200 AMENDMENT OF RESOLUTION NO. 3 OF 1993 - AUTHORIZATION TO EXECUTE AGREEMENT - THORNTREE HILL ASSOCIATES (Amended by Res. No. 48 of 1994) Moved by Mr. Winch, seconded by Mr. Culligan, and unanimously adopted by voice vote. WHEREAS, Resolution No. 3 of 1993 directed the County Administrator to execute an agreement with Thorntree Hill Associates of Fayetteville, New York giving a purchase option on County property on the Elmira Road in Ithaca, New York, and WHEREAS, Thorntree Hill Associates has requested an extension of the expiration date of said agreement in order to provide time for completion of all reviews required by the City of Ithaca in connection with the development of said parcel, now therefore be it, RESOLVED, on recommendation of the Public Works and Construction Management Committee, That the County Administrator is directed to execute an amendment to said agreement extending its expiration date to June 30, 1994. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 201 - A RESOLUTION AUTHORIZING THE ISSUANCE OF AN ADDITIONAL $100,000 SERIAL BONDS OF THE COUNTY OF TOMPKINS, NEW YORK, TO PAY ADDITIONAL COSTS OF THE COUNTY'S SHARE OF THE COST OF THE CONSTRUCTION OF NEW T -HANGARS AT THE TOMPKINS COUNTY AIRPORT IN AND FOR SAID COUNTY Moved by Mrs. Call, seconded by Mr. Mason. A roll call vote resulted as follows: Ayes - 15, Noes - 0. Adopted. WHEREAS, all conditions precedent to the financing of the capital project hereinafter described, including compliance with the provisions of the State Environment Quality Review Act, have been performed; and WHEREAS, by bond resolution dated April 20, 1993, the Board of Representatives of the County of Tompkins, New York (the "County"), authorized, among other projects, the issuance of $300,000 serial bonds of said County to pay the County's share of the cost of the construction of new T -Hangars, including original furnishings, equipment, machinery, apparatus and incidental improvements and expenses in connection therewith at the Tompkins County Airport in and for said County; and WHEREAS, it has now been determined that the maximum estimated cost of such project is $400,000, and increase of $100,000 over that previously authorized; and WHEREAS, it is now desired to authorize the issuance of an additional $100,000 serial bonds of said County for such purpose; NOW THEREFORE BE IT RESOLVED, by the Board of Representatives of the County of Tompkins, New York as follows: 196 July 13, 1993 Section 1. For the class of objects or purposes of paying additional costs of the County's share of the cost of the construction of new T -Hangars, including original furnishings, equipment, machinery, apparatus and incidental improvements and expenses in connection therewith at the Tompkins County Airport, in and for the County of Tompkins, New York, there are hereby authorized to be issued an additional $100,000 serial bonds of said County, pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated cost of such class of objects or purposes is now determined to be $400,000, and that the plan for the financing thereof is as follows: a. By the issuance of the $300,000 serial bonds of said County authorized to be issued pursuant to bond resolution dated April 20, 1993; b. By the issuance of the additional $100,000 serial bonds of said County authorized to be issued pursuant to this bond resolution. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid class of objects of purposes is twenty years, pursuant to subdivision 17 of paragraph a of Section 11.00 of the Local Finance Law. No bond anticipation notes have heretofore been issued for said class of objects or purposes. Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the County Comptroller, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said County Comptroller, consistent with the provisions of the Local Finance Law. Section 5. The faith and credit of said County of Tompkins, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such obligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. There shall annually be levied on all the taxable real property of said County a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable. Section 6. Such bonds shall be in fully registered form and shall be signed in the name of the County of Tompkins, New York, by the manual or facsimile signature of the County Comptroller and a facsimile of the corporate seal shall be imprinted or impressed thereon and attested by the manual or facsimile signature of the County Clerk. Section 7. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the County Comptroller, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he shall deem best for the interests of the County; provided, however, that in the exercise of these delegated powers, he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the County Comptroller shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 8. All other matters, except as provided herein relating to such bonds, including prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the County by the facsimile signature of the County Comptroller and, providing for the manual countersignature of a fiscal agent or of a designated official of the County), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the County Comptroller. It is hereby determined that it is to the financial advantage of the County not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the County Comptroller shall determine. Section 9. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said County is not authorized to expend money, or 197 July 13, 1993 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 10. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.103 - 18(0. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 11. This resolution, which takes effect immediately, shall be published in full in the Ithaca Journal, which is hereby designated as the official newspaper of such County, for purposes of this bond resolution, together with a notice of the Clerk of the Board of Representatives in substantially the form provided in Section 81.00 of the Local Finance Law. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 202 - ADOPTION OF LOCAL LAW NO. 4 OF 1993 - AMENDING LOCAL LAW NO. 7 OF 1990 - PROVIDING FOR AMENDMENTS TO THE TOMPKINS COUNTY CHARTER AND CODE - ARTICLE 5 - FINANCIAL PROCEDURES AND CONTROLS - SECTION 5.06 - PUBLIC HEARING Moved by Mrs. Call, seconded by Ms. Mink, and unanimously adopted by voice vote. WHEREAS, a public hearing was held before the Board of Representatives on July 13, 1993 to hear all persons interested in proposed Local Law No. 4 of 1993, now therefore be it RESOLVED, on recommendation of the Budget and Administration Committees, That said proposed Local Law No. 4 of 1993 - Amending Local Law No. 7 of 1990 - Providing for Amendments to the Tompkins County Charter and Code - Article 5 - Financial Procedures and Controls is adopted, RESOLVED, further, That the Clerk of the Board publish in the official newspaper of Tompkins County a notice of adoption containing a synopsis of said local law, and shall within five (5) days file one certified copy in the office of the County Clerk and three (3) certified copies in the office of the Secretary of State. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 203 - ADVERTISE PUBLIC HEARING ON 1994 TOMPKINS COUNTY BUDGET AND CAPITAL PROGRAM Moved by Mrs. Call, seconded by Mr. Todd, and unanimously adopted by voice vote. RESOLVED, on recommendation of the Budget and Administration Committee, That the Clerk of the Board of Representatives is directed to publish a notice of public hearing, said notice to appear in the official newspaper of Tompkins County, said hearing to be conducted in the Chambers of the Tompkins County Board of Representatives at 320 North Tioga Street, Ithaca, New York at 7:00 p.m. on November 30, 1993 for the purpose of hearing all persons interested in the 1994 Tompkins County Budget and Capital Program as required by Section 5.06 of the Tompkins County Charter and Code. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) 198 July 13, 1993 RESOLUTION NO. 204 - CREATION OF POSITIONS, REQUEST FROM CONTINGENT FUND AND BUDGET ADJUSTMENT - CHILDREN WITH SPECIAL CARE NEEDS - EARLY INTERVENTION PROGRAM Moved by Mrs. Call, seconded by Mr. Evans. A short roll vote resulted as follows: Ayes - 15, Noes - 0. Adopted. RESOLVED, on recommendation of the Health and Education and Budget and Administration Committees, That the following positions be created effective July 19, 1993: 1-50% time Sr. Account Clerk Typist (09/529), labor grade I, competitive class 1 -County Clinical Nurse II (15/703), labor grade 0, competitive class RESOLVED, further, That one position of County Clinical Nurse II, (15/703), labor grade 0, competitive class, be created effective October 1, 1993, and RESOLVED, further, That the Comptroller is hereby authorized and directed to make the following budget adjustments and appropriations on his books: Revenue: 1990.4400 Contingent Fund $ 20,981 4047.3401 State Aid 13,298 Appropriation: 4047.1529 Sr. Account Clerk Typist $ 4,488 .1703 County Clinical Nurse II 20,183 .2211 Chairs 390 .2212 Desks/Bookcases 191 .2213 File Cabinets 378 .4462 Insurance 120 .4465 Job Necessitated Travel/Training 300 .8830 Social Security 1,889 .8840 Workers Comp. 376 .8860 Health Insurance 5,816 .8870 Unemployment 148 SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 205 - EXTENSION OF POSITION - ASSISTANT SOLID WASTE ENGINEER - PUBLIC WORKS Moved by Mrs. Call, seconded by Mr. Lerner, and unanimously adopted by voice vote. RESOLVED, on recommendation of the Solid Waste and Resource Management and Budget and Administration Committees, That one position of Assistant Solid Waste Engineer (10/845), labor grade J, competitive class, be extended through December 31, 1993. The position was created by Resolution No. 250 of 1992 on a temporary basis for one (1) year, RESOLVED, further, That no new monies are needed to fund this extension of position through 1993. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 206 - APPROVING THE ISSUANCE OF TOMPKINS HEALTH CARE CORPORATION OBLIGATIONS Moved by Mrs. Call, seconded by Mr. Proto. A roll call vote resulted as follows: Ayes - 15, Noes - 0. Adopted. 199 July 13, 1993 WHEREAS, the County of Tompkins, New York, (the "County") desires to assist Tompkins Health Care Corporation (the "Issuer") to provide a 40 -bed addition to an existing 80 -bed nursing home facility in New York, and WHEREAS, said County determined it to be in its best interest to approve the formation of the Issuer as a charitable, non -stock non-profit corporation to act for the public purpose as set forth in Revenue Ruling 63-20 to provide for the acquisition and construction and financing therefor, of nursing home facilities therefor to be developed by the Issuer, and to cooperate with the Department of Housing and Urban Development of the United States of America ("HUD"), and WHEREAS, the County will take title to said Issuer upon completion of the project financing as required by Internal Revenue Service Revenue Ruling 63-20, and WHEREAS, the County has previously reviewed the Articles of Incorporation, the Certificate of Amendment thereof and By -Laws for the Issuer, as filed with he Secretary of State of New York (the "State"), and has reviewed certain other documents listed below prepared and presented to this meeting with regard to the proposed issuance of the Issuer's $3,205,000 aggregate principal amount Mortgage Revenue Bonds, Series 1993A (FHA Insured Mortgage Loan -- Reconstruction Home, Inc. Project) simultaneously issued with its $165,000 aggregate principal amount of Taxable Subordinated Revenue Bonds, Series 1993B Bonds (Reconstruction Home, Inc. Project) (the "Series 1993B Bonds") (collectively, the "Bonds") to be issued for the purpose of providing funds to finance the acquisition and construction of the Project, and WHEREAS, there has been submitted to this meeting the proposed form of the following documents relating to the financing of the Project: 1. Supplemental Loan Agreement (the "Supplemental Loan Agreement") between the Issuer and Reconstruction Home, Inc. (the "Owner") pursuant to which the Owner will use the proceeds of the Bonds to purchase the Project site and to fund the costs of construction as work progresses; 2. Trust Indenture (the "Indenture") between the Issuer and Manufacturers & Traders Trust Company, Buffalo, New York, as trustee (the "Trustee") pursuant to which the Issuer's Bonds are issued and secured to provide funds with which the Issuer will finance the acquisition and construction of the Project; 3. The Official Statement from the Issuer and Owner (the "Official Statement"), and 4. Tax Regulatory Agreement among the Issuer, the Owner and the Trustee. NOW, THEREFORE, BE IT RESOLVED by the County of Tompkins, New York, a body corporate and politic, a lawful quorum of which is duly assembled, as follows: Section 1. That it is hereby determined to be proper to approve the issuance of the Issuer's obligations therefor, to be conveyed to this County at the completion of the Project financing. Section 2. That the County has been presented with a Bond Resolution of the Issuer including provisions for the issuance and sale thereof, and hereby approves the Resolution as well as the form of Supplemental Loan Agreement, form of Bonds, form of Indenture, form of Official Statement, and form of Tax Regulatory Agreement, all presented to this meeting, and all other documents necessary and proper to carry out all the purposes herein and therein. Section 3. That the Directors of the Issuer have been issued a Certificate of Incorporation by the Secretary of State, and the County authorizes and approves the issuance, sale and delivery of the Bonds of said Issuer pursuant to the applicable laws of the State, the encumbrance of any interests in real estate so acquired by said Issuer for the purpose of acquiring and constructing said nursing home and health facilities. Section 4. That the Bonds of the Issuer shall not constitute a debt of this County, or the State nor affect the borrowing capacity of Tompkins County. Section 5. That this County hereby agrees to accept the fee title to the Project at the earlier of the time of dissolution of the Issuer or upon payment of the Bonds in full. The County further agrees that the Issuer shall grant to the County an option to purchase the Project at any time while the Bonds are outstanding for an amount sufficient to redeem the amount of Bonds outstanding. Section 6. That the providing of nursing home facilities in and for the County is in the public interest of the citizens of the County, and is a proper public purpose, and this County desires to cooperate with agencies of the Federal Government and other public bodies to fulfill such public purposes. 200 July 13, 1993 Section 7. That the prior lawful acts of the Issuer in authorizing, issuing and selling the Bonds secured by the Indenture are approved. Section 8. If any section, paragraph or provision of this Resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph of provision shall not affect any of the remaining provisions of this Resolution. Section 9. All resolutions and orders or parts thereon in conflict herewith are, to the extent of such conflict, thereby repealed. Section 10. That it is found and determined that all formal actions of this County concerning and relating to the adoption of this Resolution were adopted in an open meeting of this County, and that all deliberations of this County and of its committees that resulted in such formal actions were in meetings open to the public, in compliance with all legal requirements. RESOLVED, further, That this resolution shall be in full force and effect from and after its passage in accordance with the regulations of this County. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 207 - AUTHORIZATION FOR TOMPKINS COUNTY PUBLIC LIBRARY TO BE INCLUDED IN COUNTY INSURANCE COVERAGES AND IN THE COUNTY'S SELF INSURANCE AND RISK MANAGEMENT PROGRAM Moved by Mrs. Call, seconded by Mr. Lerner, and unanimously adopted by voice vote. RESOLVED, on recommendation of the Budget and Administration Committee, That the Tompkins County Public Library is authorized to participate in Tompkins County's Insurance and Risk Management Program and specifically that insurance coverage for personal injury and property damage carried by the County shall be extended to include the Library and that the Library shall in turn pay its pro rata share of premiums on such coverage and of the charge for Risk Management and Safety Services, RESOLVED, further, That any payments for claims handling or claims payouts that would be paid for a County department from the Self Insurance Reserve Fund shall be paid on behalf of the Library, RESOLVED, further, That as is the case with County Departments, any insurance determined to be needed only for the Library shall be charged to and paid directly by the Library. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 208 - BUDGET ADJUSTMENTS AND APPROPRIATIONS - VARIOUS DEPARTMENTS Moved by Mrs. Call, seconded by Ms. Mink. A short roll call vote resulted as follows: Ayes - 15, Noes - 0. Adopted. RESOLVED, on recommendation of the Health and Education, Public Works, Public Safety, Human Services, and Budget and Administration Committees, That the County Comptroller be authorized to make the following budget adjustments on his books: BUDGET ADJUSTMENTS Employment & Training Revenue: CD6290.4735 Special Trng/Employment Project $10,764 Appropriation: CD6290.1051 JTPA Participant $ 5,000 .1507 Keyboard Specialist 3,000 .4424 Equipment Rental 2,052 .8830 Social Security 612 .8840 Workers Compensation 100 201 Office for the Aging Revenue: A6782.2705 Appropriation: A6782.4332 APPROPRIATIONS Public Works - Airport Revenue: B0909.0000 Appropriation: B9616.4400 B5610.4442 Appropriations from 1992 Surplus Purchasing & Central Services A0599.0000 A1345.2204 Revenue: Appropriation: Youth Bureau Revenue: Appropriation: A0599.0000 A7026.4576 Revenue: A0599.0000 Appropriation: A7026.4608 A7020.4400 Revenue: A0599.0000 Appropriation: A7026.4620 A7026.4655 A7026.4670 Public Works Revenue: A0599.0000 Appropriation: A1490.2230 A1490.2206 Stop -DWI Revenue: A0599.0000 Appropriation: A4250.2206 BUDGET TRANSFERS Budget & Finance July 13, 1993 Gifts & Donations Books/Publications Airport Fund Balance Debt Service Contribution Prof. Services Acct. 1992 Surplus Funds Copying Equipment 1992 Surplus Funds DCC -Teen Preg/Parenting Program 1992 Surplus Funds 1. Youth Mini Grants 2. Program Expenses 1992 Surplus Funds Town of Danby Village of Groton Town of Lansing 1992 Surplus Funds Computer Software Computer Hardware 1992 Surplus Funds Computer Equipment $ 104 104 $ 38,176 $ 26,176 12,000 $ 544 $ 544 $ 11,700 $ 11,700 $ 4,000 $ 2,000 $ 2,000 $ 6,800 $ 4,830 $ 1,934 $ 36 $ 2,327 $ 1,300 $ 1,027 $ 2,010 $ 2,010 A1310.4422 Equipment $ 25 A1310.4402 Advertising $ 25 RESOLVED, further, That the County Administration be and hereby is authorized to execute the necessary contracts to convey these funds. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 209 - AUTHORIZATION TO SIGN ELECTRONIC TRANSFER OF FUNDS AGREEMENT Moved by Mrs. Call, seconded by Mr. Evans, and unanimously adopted by voice vote. RESOLVED, on recommendation of the Budget and Administration Committee, That the County Administrator be and hereby is authorized to sign for electronic transfer for the County of Tompkins and to delegate this authority to the Deputy County Administrator, RESOLVED, further, That the County Administrator be and hereby is authorized to sign an agreement with the Tompkins County Trust Company for the execution of electronic transfers and to delegate this authority to the Deputy County Administrator. SEQR ACTION: EXEMPT OR TYPE II 202 July 13, 1993 (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 210 - AUTHORIZATION TO EXECUTE CONTRACT - BUCK ENVIRONMENTAL LABORATORIES, INC. - LANDFILL ENVIRONMENTAL MONITORING - HILLVIEW ROAD LANDFILL Moved by Mr. Lerner, seconded by Mr. Proto, and unanimously adopted by voice vote. WHEREAS, the Solid Waste Division has duly advertised for proposals for environmental monitoring for Hillview Road Landfill, and WHEREAS, eleven (11) proposals were received on Wednesday, July 29, 1992 and subsequently evaluated, now therefore be it RESOLVED, on recommendation of the Solid Waste and Resource Management Committee, That the County Administrator be and hereby is authorized to execute a contract with Buck Environmental Labs, Inc. of Cortland, New York, to perform environmental monitoring at Hillview Road Landfill at a cost not to exceed $24,646 from funds allocated for such services in 8160.4442 operational budget, professional services account, RESOLVED, further, That the County Administrator is authorized to execute change orders up to a total of ten percent (10%) of the contract value. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 211 - RESCISSION OF RESOLUTION NO. 177 OF 1993 - AUTHORIZATION TO EXECUTE AGREEMENT WITH NEW YORK STATE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION AND APPROPRIATION FROM CONTINGENT FUND Moved by Mr. Mason, seconded by Mrs. Schuler. Chairman Watros granted Mr. Stein permission to abstain from voting on this resolution because of a relationship he has with the State parks. A voice vote resulted as follows: Ayes - 14, Noes - 0, Abstentions - 1 (Representative Stein). Adopted. RESOLVED, on recommendation of the Public Safety and Budget and Administration Committees, That Resolution No. 177 of 1993 is hereby rescinded. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 212 - CALLING FOR A PLAN TO END THE SMOKING BAN IN THE LIVING AREAS OF THE TOMPKINS COUNTY JAIL Moved by Mr. Lerner, seconded by Mr. Joseph. Mr. Lerner stated that being incarcerated is an extremely stressful experience. This resolution doesn't change the current policy, it authorizes the County Administrator and Jail Administrator to do research to see what would be involved in changing the policy. Mr. Mason spoke adamantly against this resolution and stated that he would rather see monies spent on programs to help people quit smoking. Mrs. Livesay stated that passage of this resolution would be a breach of faith with County employees who have negotiated for this. Mrs. Livesay distributed and commented on two articles written by the American Medical Society. Following continued discussion, a roll call vote resulted as follows: Ayes - 5 (Representatives Joseph, Lerner, Mink, Shurtleff and Stein), Noes - 10 (Representatives Call, Culligan, Evans, Livesay, Mason, Proto, Schuler, Todd, Watros and Winch). Resolution Lost. 203 July 13, 1993 WHEREAS, smoking is now prohibited in all areas of the Tompkins County Public Safety Building. Enforcing the smoking ban in the Jail results in additional County expenses. Prisoners found with tobacco must be prosecuted for possession of jail contraband, resulting in costs for investigation, prosecution, and in some cases, additional jail time, and WHEREAS, involuntary withdrawal from smoking is a hardship on the residents of the facility, many of whom are detained pre-trial and are presumed innocent. Many prisoners become irritable, aggressive, and in some cases violent, which is a threat to other prisoners and jail staff. Prisoners who are angry and stressed when they are released from jail are at greater risk of acting violently and committing crimes in the community, now therefore be it RESOLVED, on recommendation of the Public Safety Committee, That the County Administrator is hereby charged with working in cooperation with the Jail Administrator to develop a plan to permit smoking in living areas of the Jail. The plan should involve the least possible cost to the County and should protect the right of non-smokers. The plan shall be provided to the Public Safety Committee no later than September 2, 1993. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 213 - PROMOTING THE USE OF ALTERNATIVES TO INCARCERATION THAT REDUCE JAIL COSTS AND PROTECT COMMUNITY SAFETY Moved by Mr. Mason, seconded by Mr. Lerner. Following a lengthy discussion, it was Moved by Mr. Culligan, seconded by Mr. Evans, to Table this resolution. A voice vote resulted as follows: Ayes - 5 (Representatives Culligan, Evans, Mason, Proto and Winch), Noes - 10 (Representatives Call, Joseph, Lerner, Livesay, Mink, Schuler, Shurtleff, Stein, Todd and Watros). Motion Lost. A roll call vote on the resolution resulted as follows: Ayes - 10 (Representatives Call, Joseph, Lerner, Livesay, Mink, Schuler, Shurtleff, Stein, Todd and Watros), Noes - 5 (Representatives Culligan, Evans, Mason, Proto and Watros). Adopted. WHEREAS, the mandated costs of holding sentenced prisoners and pre-trial detainees in the County Jail are a burden to County taxpayers for which there is no State aid. The total appropriations of the Jail in 1993 are $1,487,399, and WHEREAS, when the Jail is full, it costs $65-95 per person per day to board them in another facility. The total cost to Tompkins County of board -outs in 1992 was $64,927, and WHEREAS, when the Jail is full, it is not possible to generate revenue by boarding in excess prisoners from other facilities, and WHEREAS, thoughtfully designed and carefully implemented alternatives to incarceration programs can prevent crime and reduce jail costs, now therefore be it RESOLVED, on recommendation of the Public Safety Committee, That the heads of the following County departments shall each prepare a written plan for that department's programs that affect the Jail: Mental Health Department, Public Health Department, Youth Bureau, Assigned Counsel Department, Probation Department and the Social Services Depai lnient. Each plan shall be submitted to the Public Safety Committee and to the Criminal Justice Advisory/Alternatives to Incarceration Board, as well as the appropriate program committee no later than October 7, 1993, RESOLVED, further, That the Board of Representatives requests that the Sheriff's Depailwent and the District Attorney's office also prepare written plans that identify ways in which the respective Departments can help reduce incarceration time, RESOLVED, further, That the County Administrator shall prepare a monthly report on Jail expenses, RESOLVED, further, That the Chairman of the Board of Representatives is authorized to write letters to all County, City, Town and Village Judges, all police agencies and District Attorney, 204 July 13, 1993 highlighting the costs of the Jail and encouraging optimum use of existing alternative to incarceration programs. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 214 - AUTHORITY TO CONTRACT - JUDY CRAWFORD, CERTIFIED INDUSTRIAL HYGIENIST Moved by Ms. Mink, seconded by Mrs. Call. Mr. Heyman, County Administrator, stated that these are not duties that could be performed by the Health and Safety Coordinator. Ms. Mink, Chair, Human Services Committee, stated that it is her understanding that this person is being hired for her technical expertise to help clean up the Biggs building and follow through with Greg Siwinski's recommendations. A voice vote resulted as follows: Ayes - 15, Noes - 0. Adopted. WHEREAS, the Department of Social Services is in need of technical assistance as it evaluates and implements the results of the Air Quality study which is on-going at Biggs Building A, and WHEREAS, Ms. Crawford has the qualifications and experience to provide this technical assistance to the Department, now therefore be it RESOLVED, on recommendation of the Human Services Committee, That the County Administrator is authorized to execute an agreement with Ms. Judy Crawford, Certified Industrial Hygienist, for the period of July 1, 1993 to December 31, 1993 and that the total amount of this agreement shall not exceed $4,000. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 215 - AUTHORIZATION TO EXECUTE CONTRACT - COOPERATIVE EXTENSION - LEAD GRANT Moved by Mr. Proto, seconded by Mr. Evans, and unanimously adopted by voice vote. WHEREAS, the New York State Department of Health has made additional funding available for the Lead Screening Grant, and WHEREAS, Cooperative Extension of Tompkins County is interested in working with the Health Depattment on outreach and educational activities for the Lead Program, now therefore be it RESOLVED, on recommendation of the Health and Education Committee, That the County Administrator is authorized to execute a contract with Cooperative Extension for services as outlined by the department, RESOLVED, further, That funding for this project is 100 percent state funded to be budget adjusted with other changes as approved by New York State Depai tcuent of Health. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 216 - AUTHORIZATION TO EXECUTE MULTI-YEAR CONTRACT - JACK VENESKY, C.P.A. - CHHA MEDICARE AND MEDICAID COST REPORT Moved by Mr. Proto, seconded by Mr. Shurtleff, and unanimously adopted by voice vote. WHEREAS, the Tompkins County Health Department is required to file a Medicare and Medicaid Cost Report for the Certified Home Health Agency, and 205 July 13, 1993 WHEREAS, Jack Venesky, C.P.A. has provided accounting services for the past five years, now therefore be it RESOLVED, on recommendation of the Health and Education Committee, That the County Administrator is authorized to execute contracts with Jack Venesky, C.P.A. for the reporting years of 1993 and 1994. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 217 AMENDMENT OF RESOLUTION NO. 97 OF 1993 - AUTHORIZATION FOR FIVE YEAR SERVICE CONTRACTS - CHILDREN WITH SPECIAL CARE NEEDS Moved by Mr. Proto, seconded by Mr. Evans, and unanimously adopted by voice vote. RESOLVED, on recommendation of the Health and Education Committee, That the Public Health Director or designee is authorized to execute contracts in compliance with County policy for professional services for the Early Intervention Program and the 3-5 year old Education of the Handicapped Program. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 218 - URGING THE LABOR COMMISSIONER TO APPOINT A WAGE BOARD (Adopted September 7, 1993) Moved by Mr. Joseph, seconded by Mr. Lerner. Chairman Watros stated that he could not see how this resolution would help New York State to create jobs. Mr. Joseph stated that he brought this resolution forth as an Individual Representative. He stated that he was not sure there was an appropriate committee to review this. It was Moved by Mr. Stein, seconded by Mrs. Schuler, and unanimously adopted by voice vote, to refer this resolution to the Planning Committee. WHEREAS, Section 653 of the New York State Labor Law provides that "The Commissioner shall have power on his own motion to cause an investigation to be made of the wages being paid to persons employed in any occupation or occupations to ascertain whether the minimum wages established in accordance with the provisions of this article are sufficient to provide adequate maintenance and to protect the health of the persons employed in such occupation or occupations. The Commissioner shall, on the petition of fifty or more residents of the State engaged in or affected by an occupation or occupations sought to be investigated, cause such an investigation of such occupation or occupations to be conducted. If, on the basis of information in his possession with or without such an investigation, the Commissioner is of the opinion that any substantial number of persons employed in any occupation or occupations are receiving wages insufficient to provide adequate maintenance and to protect their health, he shall appoint a wage board to inquire into and report and recommend adequate minimum wages and regulations for employees in such occupation or occupations," and WHEREAS, a petition meeting the requirements of this law has been delivered to the Labor Commissioner, and WHEREAS, the Commissioner, John Hudacs, has stated in a meeting with members of the Campaign for a Liveable Minimum Wage that he believes the minimum wage to be inadequate, now therefore be it RESOLVED, That the Tompkins County Board of Representatives urges the Labor Commissioner to act promptly to appoint a wage board in compliance with New York State Labor Law, RESOLVED, further, That a copy of this resolution be forwarded to Labor Commissioner John Hudacs and Governor Mario Cuomo, Assemblymen Marty Luster and Frank Babaro and State Senators James Seward and John R. Kuhl, Jr. 206 July 13, 1993 SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 219 - APPROVAL OF AMENDMENTS - EMPLOYEE COUNCIL BYLAWS Moved by Mr. Evans, seconded by Ms. Mink, and unanimously adopted by voice vote. RESOLVED, on the recommendation of the Personnel Committee, That amendments to the bylaws of the Employee Council are approved as amended, RESOLVED, further, That a copy of the bylaws as amended are on file with the Clerk of the Board. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) It was Moved by Mr. Mason, seconded by Mr. Lerner, and unanimously adopted by voice vote, to amend the Rules of the Board and waive reports of standing and special committees at this meeting. Mr. Winch, Chairman, Public Works and Construction Management Committee, updated the Board on the status of the Forest Home Bridge and pedestrian walkway. He stated that he expects a resolution to be placed on the Public Works and Construction Management Committee agenda to take ownership of the Bridge. Ms. Mink, Chair, Human Services Committee, announced that the next meeting of the Human Services Committee will be August 3 at 2:30 p.m. Mr. Proto, Representative, District No. 7, reported on work being done to the Buffalo Hill Road Bridge and stated that Public Works staff is working to restore a break that has occurred in the flow of water from artesian wells. He said that Liz Cameron of the Public Works Department is the contact person on this project. Cheryl Nelson, Chair, Employee Council, submitted a written reported dated July 13, 1993 on activities of the Council. Mr. Heyman, County Administrator, announced the appointment of Alice Cole to the position of Public Health Director for a six-year term. It was Moved by Mr. Proto, seconded by Mr. Evans, and unanimously adopted by voice vote, to confirm this appointment. On motion, the meeting adjourned at 11:38 p.m. 207 August 10, 1993 Regular Meeting Chairman Watros called the meeting to order at 5:30 p.m. Members and guests participated in the Pledge of Allegiance. Present: 13 Representatives. Excused: 2 (Representatives Joseph and Mink). It was Moved by Mr. Winch, seconded by Mr. Evans, and unanimously adopted by voice vote by members present, to approve the minutes of June 29, 1993 as submitted. Mr. Proto, Chairman, Health and Education Committee, introduced Theresa Lyzko, Marketing Media Specialist at the Health Depai tanent. Ms. Lyzko distributed a press release and began a videotape presentation on the Healthy Heart Program entitled Five -a -day. Under privilege of the floor, Margaret Marks, Department of Social Services employee, spoke concerning air quality at the Biggs building. Ms. Marks stated that she has been out of work since March 9, 1993. Ms. Marks distributed a document entitled "Chemicals in New Carpets Pose Potential Health Hazard" released from the New York State Attorney General's Department of Law. Ms. Marks commented on options for employees to return to work and submitted a letter from her physician, Dr. James M. Miller. Ms. Marks submitted a letter from herself to Commissioner Dolan, Anita Fitzpatrick and James Kazda concerning the physicians being informed about options to return the employees to work. Under privilege of the floor, James Ellis, Department of Social Services employee, spoke concerning air quality at the Biggs building. Mr. Ellis stated that he feels he has experienced discrimination since he has become ill. He asked that the County prepare space for the employees to return to work and allow physicians to look at that space when it is ready. He expressed his opposition with the presence of armed guards at meetings with administrators to discuss the situation. Mr. Ellis urged that action be taken to resolve this situation immediately. Under privilege of the floor, Yvonne Bartlett, Dein" tnient of Social Services employee, spoke concerning air quality at the Biggs building. She requested that privilege of the floor be held at the beginning of Board meetings to accommodate those who are ill. Ms. Bartlett expressed frustration with administrators within the County and asked for the Board to research health complaints that may have been reported. Under privilege of the floor, Chrissy Dawson, daughter of Yvonne Bartlett who is a Department of Social Services employee, recited a poem concerning the air quality situation at the Biggs A building. Under privilege of the floor, Claudia Cinquanti, Department of Social Services employee, spoke concerning air quality at the Biggs building. She stated that she has been out of work since April 4, 1993 since diagnosed with multiple chemical sensitivities. Ms. Cinquanti asked for the status of carpets being removed and repairs to the heating system. Under privilege of the floor, Sharon Prezioso McLaughlin, Department of Social Services employee, spoke concerning air quality at the Biggs building. Ms. Prezioso McLaughlin referred to a petition submitted in 1986 to the Commissioner of Social Services and the Personnel Commissioner. She stated that as an employee and taxpayer of Tompkins County, she feels that her best interests should be looked out for. 208 August 10, 1993 Anita Fitzpatrick, Commissioner of Personnel, updated the Board on the status of the air quality situation at the Biggs building and actions taken since the last Board meeting. She stated that there was a meeting June 22 with five employees who are currently out ill and their attorneys. There was another meeting on July 14 which two of the employees attended. Four proposals developed by James Kazda, Senior Civil Engineer from the Public Works Department, on possible space. The employees who were present at that meeting did have some objections to those spaces but the options were pursued. In mid July another space in the Biggs building known as the "B" wing was located and a letter was sent to the five employees and their physicians outlining the space and asked for the comments by August 9. At this time, no response has been received. On August 5 there were three meetings held in the Biggs complex for all employees and occupants of the Biggs building. She explained options for receiving the information provided in that meeting that were made available to those employees who were not able to attend. Ms. Fitzpatrick distributed copies of the indoor air quality master activity schedule. Mr. Lerner asked for the status of the removal or relocation of carbonless forms. Mr. Culligan suggested that a downtown satellite office space be considered for the Department of Social Services. Mr. Evans stated that following a walk through the Biggs building, he believes there is a poor flow of air in the building. He stated that he feels the employees should be returned to work as soon as possible and the building should be fixed or converted to a space for storage as soon as possible. Mr. Proto, Chairman, Health and Education Committee, reported that the Committee met July 29 and stated that the PCAP program is going to be re-evaluated later this summer. He reported that the environmental health fees with two revisions will be presented to the Board for action next month. He reported that a proposal for AIDS testing by the County will discussed at the Committee meeting in August. He said that the Health Department application to the State to be a health department for 1992 and also 1993 has not yet been approved. The next Committee meeting will be August 31. Mr. Evans, Chairman, Personnel Committee, reported that the Committee met August 6. He stated that the Committee will meet each Thursday at 8 a.m. to discuss evaluations of the four employees reporting to the Board. Mr. Evans, Vice Chairman, Human Services Committee, reported that the Committee heard a report from Irene Stein, Office for the Aging Director, on the Personal Emergency Response Program. He stated that the intermunicipal consolidation committee on human services has completed its work and submitted reports to Chairman Watros and Mayor Benjamin Nichols. He stated that there is another committee working on recreation services. He reported that the annual report for the Tompkins County Youth Bureau is on file in the Board office. Mr. Mason, Chairman, Public Safety Committee, reported that the Committee met August 5 and had a discussion at length on the relationship that George Junior Republic has with Tompkins County. Mr. Mason reported that Emery Guest, Tompkins County Sheriff, returned to work on August 9. He stated that the Committee heard a report from Jack Miller, Fire, Disaster and EMS Coordinator, on problems with the EMS training program. The Committee discussed the possibility of revising the boarding -in rates at the Tompkins County Jail. After consideration, the Committee decided not to change the existing $75 per day fee which seems to be competitive with other upstate counties. Mr. Stevens, Corrections Administrator, reported to the Committee that following the installation of an additional shower at the Public Safety Building, he expects the temporary variance will be removed and the Building will be allowed to increase the population to 72 beds. The Committee discussed at length the proposed business manager position at the Sheriffs Depaitanent. The next Committee meeting will be September 2. Mr. Stein, Chairman, Planning Committee, reported that the Committee met July 15 and committee business is reflected on the agenda. The next Committee meeting will be August 19. 209 August 10, 1993 Mr. Winch, Chairman, Public Works and Construction Management Committee, reported on the shortfall in the Buildings and Grounds Department as the 1994 budget grows closer and commented that there are departments/agencies that do not pay rent to the County which Buildings and Grounds are required to maintain. He stated that he sees the approximate cost of $133,900 to be one which Buildings and Grounds can not absorb. Mr. Winch reported on the Buffalo Hill Road bridge. He stated that a second public information meeting with residents and the town supervisor concerning the loss or reduction of water pressure in homes located near the bridge. Since July 21 the County has been providing water to approximately one dozen homes through tankers that are placed on the site. He stated that while trying to resolve this problem, the Depai lnient has kept communications open with the residents. Mr. Winch reported on the progress of construction at the new Airport terminal and stated that all of the steel is up and the roof is going on. He reported that work is expected to begin in mid August on the Forest Home footbridge. Mr. Winch also reported that TOMTRAN will be moving from the Planning Depai tnient to the Public Works Department. Mr. Proto, Representative, District No. 7, thanked Public Works staff for working to restore water to residents living in the Buffalo Hill Road Bridge vicinity. Mr. Todd, Chairman, Fiscal Affairs Committee, reported that the Committee met July 14 and expects to have a detailed report on the first sixth months of 1993 in September. Mr. Lerner, Chairman, Solid Waste and Resource Management Committee, reported that the Solid Waste Finance Committee met last week and stated that there are three pieces of the solid waste finance that needs to be completed so the committee has divided into three subcommittees and expects to have a proposal for the Board to vote on at the end of September. He stated that the committee is working on negotiations with the colleges concerning paying their fair share if there is an annual fee for 1994. He also reported that a subcommittee is working on what changes need to be made in 1994 to the annual solid waste fee to remove unfairness of the fee. He stated that discussions with the City of Ithaca has taken place on the site plan review for the Tompkins County Recycling and Solid Waste Center are going well. Mr. Lerner stated that the Tompkins County recycling program now handles newspaper, cardboard, glass, mixed plastics, scrap metal cans, and mixed paper, each of which must be processed and marketed differently. He distributed a report to the Board which summarized recycling operations and costs for each commodity and indicated how the Recycling and Solid Waste Center will reduce costs and increase revenues. Mrs. Call, Chairman, Budget and Administration Committee, thanked Mr. Winch for Chairing the Committee meeting on August 3 in her absence. She stated that the Committee reviewed the sales tax report for the second quarter of 1993 and it looks on track. David Squires, Comptroller, however, urged cautious interpretation of the report. At the meeting the Committee began discussion on possible ways to improve the Solid Waste Annual Fee. Mrs. Call made reference to correspondence from Mr. Squires dated July 21 in which he listed Tompkins Cortland Community College, the Sheriffs Depaitiuent and Jail, the Highway Department (i.e. CHIPS funding), the Depai lnient of Social Services - Aid to Dependent Children as areas of concern. Mr. Squires advised that the Contingent Fund can not handle these costs. Mrs. Call stated that the budget process will begin in September. Mr. Heyman, County Administrator, distributed a report listing items with timelines for activities planned to improve indoor air quality as prepared by Anita Fitzpatrick, Commissioner of Personnel. Mr. Mulvey, County Attorney, updated the Board on the status on the status of the Collins' bankruptcy case. He stated that he will be preparing a report for the Board on tax assessment lawsuits which are voluminous. 210 August 10, 1993 Cheryl Nelson, Chair, Employee Council, reported on Council activities and stated that elections for new officers will take place in September. Chairman Watros declared recess at 7:42 p.m. The meeting reconvened at 7:45 p.m. It was Moved by Mr. Stein, seconded by Mr. Evans, and unanimously adopted by voice vote by members present to enter into executive session at 7:45 p.m. to discuss appointments and contract negotiations. The meeting returned to open session at 8:38 p.m. Chairman Watros gave Mrs. Call permission to withdraw from the agenda, the resolution entitled Creation of Position and Budget Adjustment. On motion of the appropriate committee chairman and duly seconded and unanimously adopted by voice vote by members present, the resolution entitled Authorization to Execute Purchase Agreement and Deed was added to the agenda. Chairman Watros gave the appropriate committee chairmen permission to withdraw from the agenda the following resolutions with final committee action being affirmed: CA072-93 - Authorizing an Agreement - Michelle Lovejoy - County Attorney CA073-93 - Award of Bid - Printing Services - Purchasing and Central Services CA074-73 - 1994 Tourism Promotion Agency Designation CA075-93 - Award of Bid - Surplus Bus - Tomtran CA076-93 - Renewal of Contract with Planning/Environmental Research Associates for Trumansburg Main Street Study CA077-93 - Authorization for County Administrator to Enter into Contract with the Convention and Visitors Bureau CA078-93 - Reclassification of Position - Public Works - Sanitary Landfill Supervisor to Transfer Facility Supervisor CA079-93 - Reclassification of Position - Data Processing - Microcomputer Specialist CA080-93 - Reclassification of Position - Fire and Disaster - Keyboard Specialist to Secretary CA081-93 - Authorization to Execute Contracts - Sue Travis, M.S., R.D. and Virginia Raner - Healthy Heart Program CA082-93 - Authorization to Execute Contract - Lansing Central Schools - Healthy Heart Program CA083-93 - Authorization to Execute Lease Agreements - Health Department Clinics CA084-93 - Award of Bid - Transportation of Preschool Handicapped Children RESOLUTION NO. 220 - AUTHORIZATION TO EXECUTE PURCHASE AGREEMENT AND DEED, TOWN OF DANBY TAX PARCEL 18-1-16 Moved by Mrs. Call, seconded by Mr. Proto, and unanimously adopted by voice vote by members present. RESOLVED, That the County Administrator is directed to execute a purchase agreement and deed conveying Town of Danby Tax Parcel 18-1-16, acquired by tax foreclosure, to Christopher H. Muka for the sum of $12,000 and to remit to Patterson Real Estate the commission stipulated in the County's contract with that organization. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) 211 August 10, 1993 RESOLUTION NO. 221 - CREATION OF POSITION AND BUDGET ADJUSTMENT - MENTAL HEALTH Moved by Mrs. Call, seconded by Mr. Proto, and unanimously adopted by voice vote by members present. RESOLVED, on recommendation of the Health and Education and Budget and Administration Committees, That one (1) position of Account Clerk Typist (06-513), labor grade VI, competitive class be created, effective immediately, RESOLVED, further, That the following budget adjustments be made: APPROPRIATION: 4310.1513 Salaries $8,000 .8810 Retirement 280 .8830 Social Security 480 .8860 Health Insurance 275 $9,035 RESOLVED, further, That no new monies are needed for these appropriations. Monies for this position are in the current 1993 budgets and are to be charged to: 4311 Mental Health Clinic, 4312 Skylight Club, 4313 CSS, 4315 Satellite Clinic, 4316 ICM, 4606 Mental Health Administration Accounts and the position has a direct effect on the realization of fee collection that can offset the cost, RESOLVED, further, That the County Comptroller be and he is hereby authorized and directed to make said appropriations and budget adjustments on his books. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 222 - CREATION OF POSITION - NURSE PRACTITIONER - HEALTH DEPARTMENT Moved by Mrs. Call, seconded by Mr. Proto, and unanimously adopted by voice vote by members present. RESOLVED, on recommendation of the Health and Education, Personnel and Budget and Administration Committees, That one position of Nurse Practitioner, (16/712), labor grade P, competitive class, be created effective immediately, RESOLVED, further, That the Department will transfer funds from the allocation in Professional Service Fees at the time a qualified candidate is hired. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 223 - INCREASE IN HOURS WIC - NUTRITIONISTS AND NUTRITION AIDE - WIC PROGRAM Moved by Mrs. Call, seconded by Mr. Shurtleff, and unanimously adopted by voice vote by members present. WHEREAS, additional funding is available from New York State Department of Health to increase the hours for the WIC Program Nutritionist positions and the Nutrition Aide positions, now therefore be it RESOLVED, on recommendation of the Health and Education and Budget and Administration Committees, That the two positions of WIC Program Nutritionist (12/572), labor grade (L), competitive class, be increased from 75 percent time to 80 percent time based on a 35 hour work week, effective 212 August 10, 1993 October 1, 1993 and the half-time position of Nutrition Aide (08/524), labor grade (H), competitive class, be increased from 50 percent time to 70 percent time based on a 35 hour work week, effective October 1, 1993, and one existing full time Nutrition Aide position be filled on a 50 percent time basis, effective October 1, 1993, and RESOLVED, further, That these positions remain in existence only as long as there is 100 percent State funding to reimburse the County for all salary and fringe benefits, and RESOLVED, further, That the Comptroller is hereby authorized and directed to make the following budget adjustment on his books: APPROPRIATION: A4012.1524 Nutrition Aide $3,391 .1572 WIC Program Nutritionist 658 .8810 Retirement 160 .8830 Social Security 311 .8840 Workers Compensation 103 .8860 Health Insurance 1,107 REVENUE: A4012.4402 WIC Federal Aid $5,730 SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 224 - AMENDMENT OF RESOLUTION NO. 124 OF 1993 - CREATION OF POSITION - COUNTY ADMINISTRATOR'S OFFICE Moved by Mrs. Call, seconded by Mr. Proto, and unanimously adopted by voice vote by members present. WHEREAS, Resolution No. 124 of 1993 created the position of Safety Coordinator (84/297), Management level M (13), competitive class, in the County Administrator's office and authorized the Comptroller to make a budget transfer on his books, now therefore be it RESOLVED, on recommendation of the Health and Education and Budget and Administration Committees, That Resolution No. 124 of 1993 is amended to provide that the position of Safety Coordinator is entitled Employee Safety and Health Coordinator and shall be located in the Department of Public Health, and to provide that the said transfer is deleted and further to provide that the Comptroller is directed to make the following budget transfer adjustment to his books: Transfer From: A1989.4462 Insurance $23,334 To: A1989.4463 Risk Management $23,334 Budget Adjustment Appropriation: A4013.1297 Employee Health and Safety Coordinator $13,792 .2201 Calculator 125 .2206 Computer 2,003 .2211 Chair 115 .2213 File Cabinet 149 .2230 Computer Software 750 .4302 Office Supplies 300 .4330 Printing 600 .4332 Books/Publications and Training 300 .4452 Postage 120 .4465 Job Necessitated Travel/Training 450 .4466 Job Related Travel/Training 300 .4472 Telephone 480 .4901 Micro -computer Services 88 213 August 10, 1993 .8810 Retirement .8830 Social Security .8840 Workers' Compensation .8860 Health Insurance .8870 Unemployment Insurance Revenue: A4013.2770 Unclassified Revenue SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) 483 1,055 26 2,115 83 $23,334 RESOLUTION NO. 225 - BUDGET ADJUSTMENTS AND APPROPRIATIONS - VARIOUS DEPARTMENTS Moved by Mrs. Call, seconded by Mr. Proto. A short roll call vote resulted as follows: Ayes - 13, Noes — 0, Excused - 2 (Representatives Joseph and Mink). Adopted. RESOLVED, on recommendation of the Health and Education, Public Safety, Human Services, and Budget and Administration Committees, That the County Comptroller be authorized to make the following budget adjustment on his books: BUDGET ADJUSTMENTS Job Training Revenue: A1990.4400 Contingency $ 1,553 Appropriation: A9963.4400 Contribution $ 1,553 Office for the Aging Revenue: Appropriation: Revenue: Appropriation: District Attorney Revenue: Appropriation: Public Health Revenue: Appropriation: A6794.3803 A6794.4302 .8810 .8870 .8840 .4465 .4466 .4330 .4472 .4452 .1529 .1559 .8860 .8830 A6793.4772 A6793.4491 State Revenue Office Supplies Retirement Unemployment Worker's Comp Travel - Job Necess. Travel - Job Related Printing Telephone Postage Salary Salary Health Insurance Social Security Revenue Subcontractor $14,299 $ 100 365 62 31 200 90 200 200 50 574 9,859 1,770 798 $ 617 $ 617 A1165.4999 Non Expendable $10,000 A1990.4400 Contingency $10,000 A4023.1689 A4023.4332 Other Income Educational Material $ 2,093 $ 2,093 Revenue: A4010.3401 State Aid $10,539 214 August 10, 1993 Appropriation: A4010.2214 Office Furnishings $ 435 .2230 Computer Software 404 .4315 Nursing Supplies 300 .4330 Printing 300 .4332 Books, Publications 500 .4333 Promotion 500 .4355 Env. Hlth. Supplies 100 .4442 Prof. Service Fees 7,000 .4465 Job Necess. Travel/Trng 1,000 (Healthy Heart) Revenue: A4021.3401 Public Health State Aid $ 6,495 Appropriation: A4021.2206 Computer Equipment 195 .4302 Office Supplies 200 .4330 Printing 1,000 .4332 Books/Publications 200 .4333 Promotional Supplies 2,000 .4432 Rent 900 .4466 Job Related Travel/Trng 2,000 Mental Health Revenue: A4329.3493 State Aid $ 261 Appropriation: A4329.4400 Challenge Industries $ 261 Buildings & Grounds Revenue: A1620.2770 Unclassified Revenue $12,141 Appropriation: A1620.4476 B&G Maintenance/Repairs $12,141 APPROPRIATIONS from 1992 Surplus Public Works - Highway Revenue: D0599.0000 Highway Fund Balance $85,102 Appropriation: D5110.4312 Highway Supplies $85,102 Administration Revenue: A0599.0000 General Fund Balance $77,520 Appropriation: A1311.4400 Program Expense $77,520 Revenue: A0908.0000 Gen. Fund Bal. -Room Tax $34,739 Appropriation: A6475.4400 Program Expense $ 1,346 .4442 Professional Services 33,393 Office for the Aging Revenue: A0599.0000 General Fund Balance $ 2,527 Appropriation: A6772.2206 Computer Equipment $ 2,527 RESOLVED, further, That the County Administrator be and hereby is directed to execute any contracts necessary to convey these funds. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 226 - ADOPTION OF ADDITION AND REVISIONS - ADMINISTRATIVE MANUAL POLICIES 215 August 10, 1993 Moved by Mrs. Call, seconded by Mr. Evans, and unanimously adopted by voice vote by members present. RESOLVED, on recommendation of the Personnel Committee, That the following Administrative Manual policy be and is hereby adopted: 02-14 Performance Review RESOLVED, further, That the following revised Administrative Manual policies be and hereby are adopted: 02-15 Management Performance Evaluation 04-14 Promotions SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 227 - ESTABLISHMENT OF BOARD POLICY WITH RESPECT TO RESIDENTS OF FORECLOSED PROPERTY Moved by Mrs. Call, seconded by Mr. Proto, and unanimously adopted by voice vote by members present. RESOLVED, on recommendation of the Budget and Administration Committee, That the following policy is hereby adopted with respect to continuing residence of persons occupying properties foreclosed upon by Tompkins County: 1. The County Administrator is directed to execute lease agreements with persons who occupy property when it is foreclosed upon by Tompkins County for non-payment of taxes, said lease agreements to be in a form acceptable to the County Attorney. 2. The County Attorney is authorized to evict from properties foreclosed upon by Tompkins County all persons who fail for any reason to execute the lease agreement required by No. 1 above, or who fail for any reason to provide insurance protection documentation that meets the requirements of the County Attorney. 3. The County Attorney is authorized to evict from properties foreclosed upon by Tompkins County all persons who refuse to cooperate with the process of showing said properties for prospective sale by the County's contract real estate broker. 4. The policy previously established by this Board with respect to withholding from prospective sale all foreclosed properties that are occupied by a former owner who is working with County officials to repurchase said property for the full amount due on it for back taxes and all other charges is continued in effect, but the provisions of section No. 1 above shall apply. 5. County staff are directed to provide assistance to former owners who are attempting to repurchase their homes and to persons who are required to move as a result of this foreclosure process. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 228 - AUTHORIZATION TO EXECUTE PURCHASE AGREEMENT AND DEED Moved by Mrs. Call, seconded by Mr. Evans, and unanimously adopted by voice vote by members present. RESOLVED, That the County Administrator is authorized and directed to execute a purchase agreement and deed conveying Town of Dryden Tax Parcel 40-1-19, obtained through the Landfill 216 August 10, 1993 Neighborhood Protection Program to Steven R. Preheim of McLean, N.Y., for the sum of $60,000, and that the appropriate commission on this transaction shall be paid to Patterson Real Estate. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 229 - APPROVAL OF APPLICATION FOR APPALACHIAN REGIONAL COMMISSION (ARC) FUNDS FOR HUMAN SERVICES COALITION CONSOLIDATION STUDY Moved by Mr. Stein, seconded by Mrs. Schuler, and unanimously adopted by voice vote by members present. WHEREAS, the Tompkins County Human Services Coalition has requested that the Planning Department prepare an Appalachian Regional Commission (ARC) application for funds to implement consolidation of services under the Local Government Assistance Demonstration program, and WHEREAS, the Planning Department has prepared the application on behalf of the County, and WHEREAS, the County wishes to apply for funds to the Southern Tier East Regional Planning and Development Board (STERPDB), now therefore be it RESOLVED, on recommendation of the Planning Committee, That the County Administrator or his designee be authorized to apply to the Appalachian Regional Commission for funds for the Human Services Coalition Study. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 230 - AUTHORIZATION TO APPLY FOR A GRANT - THE RURAL NEW YORK ENVIRONMENTAL ACTION GRANT PROGRAM - USER MANUAL FOR THE UNIQUE NATURAL AREAS DOCUMENT - EMC Moved by Mr. Stein, seconded by Mrs. Schuler, and unanimously adopted by voice vote by members present. WHEREAS, the Environmental Management Council (EMC) has identified a County -wide need for a manual to instruct users of the Survey of Unique Natural Areas of Tompkins County, and WHEREAS, the EMC wishes to hire one student to conduct research to prepare and publish the user manual, and WHEREAS, the EMC has identified an appropriate grant program, entitled the Rural New York Environmental Action Grant Program, to which the EMC wishes to apply for funding of this user manual project, and WHEREAS, no County money is involved, now therefore be it RESOLVED, on recommendation of the Planning Committee, That the Environmental Management Council be authorized to apply for the grant, with a total funding request of $4,000. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 231 - APPROVAL OF BYLAWS - HILLVIEW ROAD LANDFILL CITIZENS ADVISORY COMMITTEE 217 August 10, 1993 Moved by Mr. Lerner, seconded by Mr. Proto, and unanimously adopted by voice vote by members present. RESOLVED, on recommendation of the Solid Waste and Resource Management Committee, That the bylaws of the Hillview Road Landfill Citizens Advisory Committee be and hereby are approved, RESOLVED, further, That said bylaws be filed with the Clerk of the Board of Representatives. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 232 - AUTHORIZATION TO ACCEPT GRANTS, CONTRACT WITH THE NEW YORK STATE DEPARTMENT OF SOCIAL SERVICES AND CREATE POSITIONS - DEPARTMENT OF SOCIAL SERVICES Moved by Mrs. Livesay, seconded by Mr. Evans. Mr. Proto expressed concern for State funding to continue following the grant period. Mr. Heyman stated that the foster care cottages have saved the County a great sum of money. A voice vote resulted as follows: Ayes - 13, Noes - 0. Excused - 2 (Representatives Joseph and Mink). Adopted. WHEREAS, the Department of Social Services submitted proposals to New York State Department of Social Services to fund planning and implementation activities of an intensive home-based family preservation program and a therapeutic foster boarding home program, and WHEREAS, the Tompkins County proposals have been accepted and funded at the levels of $85,108 and $26,962 respectively, now therefore be it RESOLVED, on recommendation of the Human Services and Budget and Administration Committees, That the County Administrator, or his designee, execute a contract with the New York State Department of Social Services and accept funds totaling $112,070; RESOLVED, further, That the following positions be created effective September 1, 1993: One (1) full-time Case Supervisor (16/594) labor grade 16 (P), competitive class Three (3) full-time Senior Caseworker (15/581) labor grade 15 (0), competitive class One (1) full-time Youth Care Worker (09/657) labor grade 9 (I), competitive class One (1) full-time Keyboard Specialist (05/507) labor grade 5 (E), competitive class RESOLVED, further, That the Comptroller be and hereby is authorized and directed to make the following adjustments to his books for 1993: BUDGET ADJUSTMENT Revenue: 6010.3610 State Aid $75,973 Appropriation: A6010.1594 Case Supervisor $10,384 .1581 Senior Caseworker 28,320 .1657 Youth Care Worker 6,506 .1507 Keyboard Specialist 5,302 .2206 Computer Equipment 1,975 .2211 Chairs 750 .2212 Desks, Bookcases 1,938 .2213 File Cabinets 266 .2220 Telephones 456 .2230 Software 163 .2231 Vehicles (lease) 2,880 .4302 Supplies 450 .4306 Automobile Supplies 340 .4332 Books and Publications 170 .4424 Equipment Rental 150 .4442 Professional Services 500 218 August 10, 1993 .4466 Job Related Training 400 .8810 Retirement 1,768 .8830 Social Security 3,637 .8840 Workers Compensation 465 .8860 Health Insurance 8,850 .8870 UM 303 Total $75,973 RESOLVED, further, That at the end of the period of the grant this program will continue as long as total State and Federal funding total 75 percent. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 233 - CITY/COUNTY CONSOLIDATION OF HUMAN SERVICES FUNDING Moved by Mrs. Livesay, seconded by Mrs. Schuler, and unanimously adopted by voice vote by members present. WHEREAS, by contract between the City of Ithaca and the County of Tompkins dated March 18, 1993, it was agreed, among other things, that the City would support proposed State legislation authorizing the County to charge an additional one percent sales tax and that a joint committee would be established to specify methods to human service agencies may be consolidated and costs allocated more equitably, and WHEREAS, meetings between representatives of the City and the County have occurred, and WHEREAS, the City and the County wish, at this time, to amend and clarify the agreement of March 18, 1993, now therefore be it RESOLVED, on recommendation of the Human Services Committee, That the County Administrator is directed to execute an agreement with the City of Ithaca providing for a decrease in the amount of sales tax proceeds to be remitted to the City by the County, and a corresponding increase in the amount of authorized funding for health and human service agencies through the Human Services Coalition review process. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 234 - AUTHORIZING CONTRACT WITH SERVRITE FOR PROVISION OF RESTAURANT/BAR, GIFT SHOP AND VENDING MACHINE SERVICES - TOMPKINS COUNTY AIRPORT Moved by Mr. Winch, seconded by Mr. Mason, and unanimously adopted by voice vote by members present. WHEREAS, a request for proposals (RFP) for the provision of combined Restaurant/Bar, Gift Shop and Vending Machine Services at the Tompkins County Airport has been duly advertised and one responsible proposal was timely received, and WHEREAS, a public hearing was duly advertised and held this 13th day of July, 1993, and all persons wishing to address the Board on this subject have had the opportunity to do so, now therefore be it RESOLVED, on recommendation of the Public Works and Construction Management Committee, That a contract be signed with SERVRITE and the County Administrator be and hereby is authorized and 219 August 10, 1993 directed to sign said contract with SERVRITE for a period of ten (10) years, commencing from the opening date of the new terminal. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 235 - RESCINDING RESOLUTION NO. 199 OF 1993 - PAVING AUTHORIZATION Moved by Mr. Winch, seconded by Mr. Proto. Mr. Winch reported on the recent lawsuit filed by Mr. Shotlz of Saratoga County. Mr. Winch reported that a restraining order placed on bonding CHIPS funds has been reversed. He stated that Tompkins County has been told that it appears these funds will be received but not as timely as had been expected. Mr. Mobbs, Public Works Commissioner, reported on a letter received from Wilson Moore, Director of the CHIPS program at the New York State Department of Transportation, which stated that they remain confident that they will prevail in appellate court. Following discussion on the impact the loss of these funds would have on other County Departments, it was Moved by Mrs. Call, seconded by Mr. Culligan, to amend the resolution and add the following RESOLVED: RESOLVED, further, That it is not the intention of this Board to require other County departments to make up for any revenue shortfall this resolution might create. A voice vote on the amendment resulted as follows: Ayes 12, Noes - 1 (Representative Mason), Excused - 2 (Representatives Joseph and Mink). Motion Carried. A voice vote on the resolution as amended resulted as follows: Ayes 12, Noes - 1 (Representative Lerner), Excused - 2 (Representatives Joseph and Mink). Adopted. WHEREAS, Resolution No. 199 dated July 13, 1993 instructed the Highway Department to cease operations after expending $250,000 in anticipated CHIPS funds, now therefore be it RESOLVED, on recommendation of the Public Works and Construction Management and Budget and Administration Committees, That Resolution No. 199 of 1993 be rescinded effective immediately, RESOLVED, further, That it is not the intention of this Board to require other County departments to make up for any revenue shortfall this resolution might create. SEQR ACTION: EXEMPT OR TYPE 11 (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 236 - AUTHORIZATION TO AWARD CONTRACTS - CRASH, FIRE, RESCUE (CFR) EXPANSION Moved by Mr. Winch, seconded by Mr. Proto, and unanimously adopted by voice vote by members present. WHEREAS, Tompkins County authorized to establish a budget for the CFR Expansion on July 13, 1993 by Resolution No. 198 as follows: TOTAL BUDGET 429,855 FAA Share 386,869 State Share 21,498 Local Share (PFC's) 21,493 , and WHEREAS, bids were received, publicly opened and read on July 23, 1993, now therefore be it RESOLVED, on the recommendation of the Public Works and Construction Management Committee, That the bids for the CFR Expansion be awarded as follows, subject to agreement by the 220 August 10, 1993 Federal Aviation Administration (FAA) and the New York State Department of Transportation (NYSDOT) and also subject to funding commitments being received from the FAA and NYSDOT: General Construction 284,828 Streeter Associates Elmira, New York HVAC 77,800 United Plumbing and Heating Binghamton, New York Plumbing 30,400 United Plumbing and Heating Binghamton, New York Electric 14,600 Ferguson Electric Ithaca, New York RESOLVED, further, That the County Administrator is hereby authorized to execute contracts with these firms to implement these bids, RESOLVED, further, That any remaining budgeted funds of $27,083 be allocated for miscellaneous project expenses, staff services, construction testing and change orders, • RESOLVED, further, That the County Administrator is authorized to execute change orders for up to ten (10) percent of the contract totals, RESOLVED, further, That the County of Tompkins has completed the SEQR reports finding this project to have no significant impacts and a negative declaration has been filed, RESOLVED, further, That a portion of the work contracted to Streeter Associates ($4,856) will be funded by insurance as it relates to a repair project on the CFR rather than the CFR expansion. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) (NEGATIVE DECLARATION ON FILE) RESOLUTION NO. 237 - AWARD OF BID - MULTI-USER FLIGHT INFORMATION DISPLAY SYSTEM (MUFIDS) Moved by Mr. Winch, seconded by Mr. Proto, and unanimously adopted by voice vote by members present. WHEREAS, the Division of Purchasing and Central Services has duly advertised for bids for Multi -User Flight Information Display System (MUFIDS), and WHEREAS, two (2) bids were received and duly opened July 16, 1993, now therefore be it RESOLVED, on recommendation of the Public Works and Construction Management Committee, That the bid be awarded to International Display Systems, Inc. of Dayton, Ohio as the lowest responsible bidder with a base bid of $20,000, and RESOLVED, further, That a contingency of $5,000 be added to allow for a surge protector, a maintenance modem, and other equipment that may be necessary to set the system up, RESOLVED, further, That all funds for said project are available in Account No. HU5610.9239. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 238 - RENTAL FEES FOR NEW T -HANGARS - TOMPKINS COUNTY AIRPORT 221 August 10, 1993 Moved by Mr. Winch, seconded by Mr. Shurtleff. A voice vote resulted as follows: Ayes - 12, Noes - 1 (Representative Proto), Excused - 2 (Representatives Joseph and Mink). Adopted. RESOLVED, on recommendation of the Public Works and Construction Management Committee, That the rates for the new T -Hangars at Tompkins County Airport are as follows, and will become effective on the first of the month following beneficial occupancy of said hangars: Standard T -Hangar $165.00 (Including Utilities Estimate*) T -Hangar with Storage Area $200.00 (Including Utilities Estimate*) *There is an estimate of $20.00 to cover the cost of utilities (electricity and water). The County reserves the right to make an annual adjustment to reflect the cost of providing these services. Provision has been made to allow for telephone service hook-up but this will have to be arranged by the tenants at their cost. RESOLVED, further, That in order to allow for inflation, the rates will be adjusted on the first of September every year by an amount equal to the percentage change in the Consumer Price Index (CPI) used by the County for all cities, but in any event the rental fee will be no less than for the previous twelve month period. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 239 - SHORT-TERM AND LONG-TERM PARKING RATES NEW TERMINAL - TOMPKINS COUNTY AIRPORT Moved by Mr. Winch, seconded by Mr. Stein, and unanimously adopted by voice vote by members present. RESOLVED, on recommendation of the Public Works and Construction Management Committee, That the rates for the new terminal's short-term and long-term parking lots at Tompkins County Airport are detailed as follows and will become effective upon beneficial occupancy of the new terminal site: PROPOSED NEW TERMINAL PARKING RATES TIME SHORT-TERM LONG-TERM 0 - 1/2 HOUR $ .50 $1.00 1/2 - 1 HOUR $1.00 $1.00 1 - 2 HOURS $2.00 $2.00 2 - 3 HOURS $3.00 $3.00 3 - 4 HOURS $4.00 $4.00 4 - 5 HOURS $5.00 $5.00 (MAX. PER DAY) 5 - 6 HOURS $6.00 6 - 7 HOURS $7.00 (MAX. PER DAY) MAXIMUM PER WEEK: SHORT-TERM $35.00 LONG-TERM $25.00 SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 240 - TOMPKINS COUNTY GEOGRAPHIC INFORMATION SYSTEM (GIS) Moved by Mr. Winch, seconded by Mr. Proto, and unanimously adopted by voice vote by members present. 222 August 10, 1993 WHEREAS, Tompkins County, several municipalities, private institutions, and public corporations are developing Geographic Information Systems (GIS), and WHEREAS, significant cost, time, and other resource savings can be realized with a coordinated approach, and WHEREAS, the technical, fiscal, and public policy interests need to be coordinated, now therefore be it RESOLVED, on recommendation of the Capital Program Committee, That the Board of Representatives take the lead in establishing a cooperative approach to Geographic Information Systems in Tompkins County, RESOLVED, further, That a committee or committees, comprised of technical and lay persons, be established by the Chairman of the Board to (1) conduct a needs assessment, (2) evaluate computer equipment and technology for its ability to meet the long range interests in Tompkins County, (3) consider data provision and maintenance issues, and (4) address other technical, financial and jurisdictional GIS issues. SEQR ACTION: EXEMPT OR TYPE 11 (NO FURTHER ACTION NECESSARY) On motion of the appropriate committee chairmen and duly seconded and unanimously adopted by voice vote by members present, the following appointments were made to various advisory boards: Family Court Advisory Council Term expires December 31, 1994 Andra Benson - Youth Board representative Human Rights Commission Term expires December 31, 1994 Marion Kossack Term expires December 31, 1995 Anthony A. Poole Library Board of Trustees Term expires December 31, 1993 Donald Schnedeker On motion, the meeting adjourned at 9:50 p.m. 223 September 7, 1993 Regular Meeting Chairman Watros called the meeting to order at 5:30 p.m. Members and guests participated in the Pledge of Allegiance. Present: 14 Representatives. Excused: 1 (Representative Shurtleff). It was Moved by Mrs. Livesay, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, to approve the minutes of July 13, 1993 as submitted. Under privilege of the floor, Mel Bartlett, Interlaken, New York, spoke in opposition to the resolution on the agenda entitled Award of Bid - Department of Social Services Furniture. Mr. Bartlett stated that he believes the bid proposed is irresponsible and does not adhere to Federal regulations. Mr. Bartlett stated that he feels he is being discriminated against because of his wife, Yvonne Bartlett, suffers from sick building syndrome, allegedly caused from the Biggs building. Under privilege of the floor, James Ellis, Department of Social Services employee, stated that trust needs to be established between the administrators and employees. He expressed frustration at the lack of progress with preparing a safe work space for the employees to return to work. Mr. Ellis asked that the County make every attempt to aid them in their medical treatment and to come to a solution to this problem. Under privilege of the floor, Margaret Marks, Department of Social Services employee, spoke of progress that has been made since March. Ms. Marks spoke of financial difficulties and asked the Board torecommend worker's compensation be granted to employees with an understanding that if later it were decided that it was not the building that made them sick, they would repay any compensation benefits received. Ms. Marks stated that she was not notified of the County picnic. Under privilege of the floor, Yvonne Bartlett, Department of Social Services employee, asked for the status of water testing that was done in the Biggs building. Mrs. Bartlett also spoke of financial difficulties and asked that the County pay health insurance premiums for those employees suffering from sick building syndrome. Mrs. Bartlett also commented on services provided by Tompkins Community Hospital and stated that she feels mistreated by the Hospital also. Under privilege of the floor, Chrissy Dawson, daughter of Yvonne Bartlett who is a Department of Social Services employee, stated that because of financial difficulties, she has not been able to receive new clothing for this school season. Under privilege of the floor, Eric Lerner, Representative, District No. 1, stated that he has heard the County has controverted some or all of the worker's compensation cases for those employees out of work from the -Biggs building, and would like to know on what basis they were controverted. Anita Fitzpatrick, Commissioner of Personnel, stated that an area known as the "B wing" has been renovated and that correspondence was sent to employees who are out ill on August 30. The letter concluded with an invitation to employees to schedule a meeting or contact her or raise any objections and no response has been received to date. A follow-up letter was sent September 3 which included an update and stated that the air purifier units had arrived and had been installed and that air quality testing was scheduled for September 7. Those results are not yet available. She stated that another meeting has been scheduled for September 16 at 10 a.m. in the Health Depai lnient conference room. Ms. Fitzpatrick stated that physicians of employees have also received correspondence and said that a part of the process in returning employees to work would be approval by their physicians. 224 September 7, 1993 Mr. Proto, Chairman, Health and Education Committee, stated that committee business is reflected on the agenda. He stated that there will be a proposal presented to the committee next month on HIV counseling and procedure. Mr. Proto reported that the Health Department received approval for its 1992 and 1993 application for services. He also reported that last quarter reimbursement for the Health Department from the State for 1992 has been received. Mr. Proto also reported on a shortfall in the Alcoholism Council's budget as a result of the State changing guidelines. Mr. Evans, Chairman, Personnel Committee, reported that the committee met September 2. He reported that the Freedom of Speech policy will be dealt with by a subcommittee of the Employee Council, three Department Heads, the County Attorney and County Administrator. The first meeting will be September 9 at 3:30 p.m. He reported that a letter has been received by the CSEA proposing some tentative dates to begin contract negotiations. The next committee meeting will be September 30 at 8 a.m. Ms. Mink, Chair, Human Services Committee, reported that the committee met this morning. She stated that the resolution on the agenda entitled Award of Bid - Department of Social Services Furniture has been handled exclusively by Purchasing to avoid any conflict of interest with the Depai tment of Social Services situation. She stated that the committee had a lengthy discussion with the Human Rights Commissioner on funding for the Multicultural Resource Center. She stated that budget hearings will be held the first part of October and will be notifying committee members and dep.' huent heads. Ms. Mink reported on literature that is circulating on a Ku Klux Klan white power march that is scheduled for September 25 in Auburn. She stated that this is troubling and something that everyone should be aware of. Mr. Lerner expressed outrage at this march. Mr. Joseph, Human Rights Commission Liaison, invited and encouraged the attendance of Board members at the annual Commission dinner and awards ceremony. Mr. Mason, Chairman, Public Safety Committee, reported that the committee continued discussion on an administrative aide position in the Sheriffs Department. He stated that the committee heard a semi-annual update on the Assigned Counsel Program with figures that seemed to be on target. He stated that the committee met with Judith VanAllen who is asking that the enhanced bail fund program be renewed in 1994. He stated that the program is well justified. Mr. Mason also reported that the committee had a discussion with Andrew Mazzella of the Finger Lakes State Park Commission concerning the tower site on Connecticut Hill which the County uses for its emergency radio transmission. He stated that the committee approved budget adjustments in the amounts of $36,000 and $25,000 to be added to the Computer Aided Dispatch System. Mrs. Schuler reported that the Finger Lakes Runners Club will be having a race on September 19 and is sponsored in part by the STOP -DWI program. Mr. Culligan, Representative, District No. 2, stated that two members of his family had recently been aided by emergency personnel. He expressed his appreciation for the communication network of emergency services in Tompkins County. He stated that although Tompkins County does not have 911 at the present time, he feels that Tompkins County has the next best thing. Mr. Stein, Chairman, Planning Committee, reported that the committee met on August 25 and had a presentation about the proposed BID (Business Improvement District) for the City of Ithaca. The next step is a presentation to the Budget and Administration Committee. They will be asking the County, as a major property owner in the area, for financial participation. Mr. Stein reported that the committee heard a progress report on long range planning from James Hanson, Planning Commissioner. The next committee meeting will be September 14 in the Board Room. Mr. Winch, Chairman, Public Works and Construction Management Committee, updated the Board on the status of the Buffalo Hill Road Bridge stating that the Bridge reopened today and that there 225 September 7, 1993 are three homes that are still without their own water. He stated that the third public information meeting for area residents will be held September 9. Mr. Winch reported on the status of construction of the new Airport Terminal and stated that the project is on schedule. He stated that the bridge on Blackman Hill Road in Town of Caroline has been closed after inspection by the State. He stated that the bridge was originally built in 1915 and is co -owned by Tompkins and Tioga Counties. The bridge is scheduled for repairs in 1994. Mr. Winch stated that the Public Works Department in conjunction with the Town of Ithaca Public Works Department is making repairs to the Forest Home Footbridge. Mr. Todd, Chairman, Fiscal Affairs Committee, reported that the committee met on August 21 and had a presentation from Scott Heyman, County Administrator and Nancy Zahler, Youth Bureau Director, about a leadership council to improve county government. A special meeting to discuss this item will be held September 15. The next regular committee meeting will be September 29. Mr. Todd reported that he has been attending, along with Mr. Stein, Ithaca Tompkins Transit meetings to discuss the consolidation of transportation services and that progress is being made at a reasonable pace. Chairman Watros stated that what the County is focusing on now is public perception of a single integrated transportation system. Mr. Lerner, Chairman, Solid Waste and Resource Management Committee, reported that the subcommittee working on revisions to the Solid Waste Management Plan met today and are proceeding on schedule. He stated that there will be a resolution on the agenda with regard to changes in the design of the Tompkins County Recycling and Solid Waste Center. He stated that basically, the design has been made smaller, therefore, the environmental impact made smaller. The resolution being proposed accommodates those changes. Mr. Lerner reported that the County has received, although slightly conditional, final approval for the site plan review for the Recycling and Solid Waste Center from the City of Ithaca. Mrs. Livesay, Intergovernmental Representative, stated that the County will be looking into the possibility of pulling together a county -wide cable commission to help municipalities. She stated that she recently spoke with Martin Luster, New York State Assemblyman, who thinks there may soon be some action taken on the proposed Medicaid takeover during the legislative session which may be called in October or November. Chairman Watros encouraged Board members to communicate from municipalities within their districts to get input on assistance in negotiating franchise agreements with the cable industry. Mrs. Call, Chair, Budget and Administration Committee, reported that departmental budget are due September 15. The next committee meeting will be September 14. Mr. Heyman, County Administrator, reported that he heard from the State Department of Taxation and Finance and will be forwarding a resolution to the September 21 Board agenda to enact eight percent sales tax. Cheryl Nelson, Chair, Employee Council, reported that the Council met September 1 and she has been reelected Chair of the Council. Other officers include: Vice Chair - Pat Nowakowski, Secretary - Leighann Baldwin, Executive Committee - Hiroshi Takashima and Barbara Karaviotis. She reported that the County Administrator will soon meet with Employee Council representatives who will make up part of the committee reviewing the Free Speech Policy. She stated that a list of all County conference rooms, contact person and phone number is being prepared by the Council for distribution. Mr. Mulvey, County Attorney, stated that the monthly report on activities in the County Attorney's office has been distributed. 226 September 7, 1993 Mr. Lerner, Chairman, Solid Waste and Resource Management Committee, distributed a packet of information entitled Outline of Solid Waste Finance Issues. He stated that in his presentation, he would be explaining what decisions the Solid Waste Finance Committee has reached for financing solid waste in 1994. Mr. Lerner stated that there have been efforts to cut costs in the Solid Waste Division but there are severe limits on where the budget can be cut. After all efforts have been made for waste reduction, composting and recycling, there would still be a budget of almost $7 million. He stated that 90 percent of the solid waste budget is driven by environmental laws and the State government which the County has to comply with. There are six major areas of what would be desirable in the finance system: stability, environmental protection, fairness, easy implementation, easy enforcement and low cost. It is impossible to have all of these at the same time but the County has to do the best it can. He stated that alternatives for solid waste finance have both advantages and disadvantages and that the challenge is how to mix and match them intelligently. He stated that no one likes a property tax increase and it has the major drawback of not taxing the not-for-profit entities. Mr. Lerner stated the tipping fee is currently set at $95 per ton. In 1992, the County raised it to $145 per ton which resulted in the problem of flow control. Finally, the Annual Solid Waste Fee was adopted in an attempt to avoid the not-for-profit exemption and in an attempt to reduce the cost for the typical homeowner but has produced some unfairness and also a duplicate administrative process. He believes that in the long run it would be desirable to eliminate the Annual Solid Waste Fee. He thinks that the County may be able to cut the Fee in half in 1994 and possibly eliminate it altogether in 1995. He stated that another tool could be a direct fee for recycling. Mr. Lerner referred to page d-1 in the packet describing financing options for 1994: Option No. 1 includes a $150 tipping fee, no Annual Fee and a 6.5 percent property tax increase; Option No. 2 includes a $105 tipping fee, $24 Annual Fee and a 6.5 percent increase in property tax; Option No. 3 includes a $100 tipping fee, a $47 Annual Fee and a zero percent property tax increase for 1994. Mr. Lerner stated that he supports Option No. 2 and explained his reasons for supporting this option and said it is his belief that 1994 will be a transitional year because the Recycling and Solid Waste Center will not yet be open. He stated that the County will have more options once the Center is on line in 1995. Mr. Todd stated that he endorses Option No. 3 and stated that he thinks the Annual Fee is a user fee and although the public doesn't like it, they have begun to understand it. The difference between Option No. 2 and Option No. 3 is that there is no property tax increase in Option No. 3 but a higher Annual Fee. Mr. Todd stated he feels that putting a fee on recycling takes away the incentive to recycle. Mr. Todd also stated that he feels that tax exempt entities should continue to pay their fair share and that 1995 options will be open regardless of selection of No. 2 or 3. There was discussion concerning the possibility of instituting an annual fee for recycling at some point in the future. Following discussion, Mr. Lerner thanked the Board for their comments and for their seriousness in approaching this issue. Chairman Watros declared recess at 7:58 p.m. The meeting reconvened at 8:04 p.m. It was Moved by Mr. Evans, seconded by Mrs. Call, and unanimously adopted by voice vote by members present, to enter into executive session at 8:04 p.m. to discuss litigation, personnel matters and negotiations with the Deputy Sheriffs' Association. An executive session was held from 8:04 p.m. to 9:12 p.m. It was Moved by Mrs. Call, seconded by Mr. Winch, and unanimously adopted by voice vote by members present, to add to the agenda the resolution entitled Authorization to Execute Purchase Agreement and Deed - Town of Enfield. Chairman Watros gave Ms. Mink, Chair, Human Services Committee, permission to withdraw from the agenda the resolution entitled Award of Bid - Department of Social Services Furniture. 227 September 7, 1993 Chairman Watros gave the appropriate committee chairman permission to withdraw from the agenda the following resolutions with final committee action being affirmed: CA085-93 - Award of Bid - Filters CA086-93 - Authorization to Execute Agreement - Towns - Snow and Ice RESOLUTION NO. 241 - RESOLUTION AUTHORIZING A SEQRA DETERMINATION OF SIGNIFICANCE, FILING OF A NEGATIVE DECLARATION AND FILING OF AN APPLICATION TO MODIFY THE 1992 DEC PART 360 PERMIT FOR THE RECYCLING AND SOLID WASTE CENTER Moved by Mr. Lerner, seconded by Mr. Evans, and unanimously adopted by voice vote by members present. WHEREAS, this Board of Representatives by Resolution No. 408 dated December 18, 1989 authorized the filing of a State Environmental Quality Review Act ("SEQRA") Notice of Completion of a Final Environmental Impact Statement for the Central Processing Facility ("CPF"), now known as the Recycling and Solid Waste Center which is located on Commercial Avenue in the City of Ithaca, New York, with a Notice of Completion promulgated thereafter according to law, and WHEREAS, said Recycling and Solid Waste Center was to include a transfer station including baling of solid waste for transfer to a proposed sanitary landfill known as Site 31 in the Town of Dryden, New York and further to include a recycling facility to implement county -wide mandatory recycling, and WHEREAS, this Board of Representatives by Resolution No. 439 dated December 28, 1989 authorized acceptance and filing of a SEQRA Findings Statement for the Recycling and Solid Waste Center which was thereafter promulgated according to law, and WHEREAS, the aforesaid Resolution No. 439 further authorized the filing of an application for a permit to construct and operate said Recycling and Solid Waste Center with the Department of Environmental Conservation ("DEC") pursuant to 6 NYCRR Part 360, and WHEREAS, a DEC permit (No. 7-5007-00032/00001-0) (the "Permit") was issued on April 1, 1991 for a term of ten years, and WHEREAS, changes have occurred in the County program for waste management, including, among others, the abandonment of the effort to obtain a DEC Part 360 Permit to construct and operate a proposed sanitary landfill at Site 31, the closure of the Hillview Road Landfill in May, 1992 and the resultant export of solid waste from an interim transfer station constructed at the Hillview Road Landfill which necessitated changes to the Recycling and Solid Waste Center, and WHEREAS, this Board of Representatives by Resolution No. 505 dated December 17, 1991 authorized a final request for proposals pursuant to General Municipal Law ("GML") Section 120-w for the design, construction, acceptance testing, and operation of the Recycling and Solid Waste Center, and WHEREAS, this Board of Representatives by Resolution No. 348 dated October 27, 1992 designated preferred proposers for negotiations and authorized negotiations for a service agreement pursuant to GML Section 120-w, and WHEREAS, this Board of Representatives by Resolution No. 189 dated July 13, 1993 awarded a contract to Container Recovery Inc. (CR Inc.) conditioned upon compliance by the County with SEQRA for the design, construction, acceptance testing and operation of the Recycling and Solid Waste Center to CR Inc. which provided, among other things, for downsizing the proposed facility, elimination of the baling function for solid waste and other changes which would necessitate the filing of an application for a modification of the Permit pursuant to the Uniform Procedures (6 NYCRR Section 621.13 and Section 621.14) and requires compliance with SEQRA (6 NYCRR Part 617), and WHEREAS, this Board of Representatives has reviewed a SEQRA Full Environmental Assessment Form ("FEAF") for the proposed modifications to the Recycling and Solid Waste Center and a DEC application for a permit modification for said center, and 228 September 7, 1993 WHEREAS, both the FEAF and the application for a permit modification principally address those changes to the proposal from the previously permitted project by DEC in 1991 following conclusion of an environmental assessment pursuant to SEQRA filing of findings in 1989, now therefore be it RESOLVED, on recommendation of the Solid Waste and Resource Management Committee, That the action of approving and executing a contract with CR Inc. as described in Resolution No. 93-189 contingent upon SEQRA compliance, and, the action so described in the FEAF which includes the modification of the Permit for the Recycling and Solid Waste Center to downsize the facility, provide for private operation thereof and other described changes will not have a significant effect on the environment and an environmental impact statement need not be prepared, RESOLVED, further, That the Chairman of the Board of Representatives is hereby authorized on behalf of the County to file the Negative Declaration dated 1993 as presented to this Board of Representatives with this Resolution according to law, RESOLVED, further, That the Chairman of the Board of Representatives is authorized to take any other lawful action to further the intent hereof, and this Resolution shall take effect upon its acceptance. SEQR ACTION: TYPE I OR UNLISTED (DETERMINATION OR FINDINGS INCLUDED HEREIN) PREVIOUS ACTION RESOLUTION NO. 242 - AUTHORIZATION TO EXECUTE MULTI-YEAR CONTRACTS - PCAP Moved by Mr. Proto, seconded by Mr. Evans, and unanimously adopted by voice vote by members present. WHEREAS, the Tompkins County Health Department has contracts for medical services, including laboratory, radiology and physician services for PCAP, with various providers, and WHEREAS, providers and services required do not change drastically from year to year and addendums are sufficient to handle most changes, now therefore be it RESOLVED, on recommendation of the Health and Education Committee, That the County Administrator is authorized to execute contracts with all eligible PCAP providers for a period of five years, commencing January 1, 1994 and ending December 31, 1999. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 243 - AUTHORIZING CHANGE IN ENVIRONMENTAL HEALTH FEES - 1994 Moved by Mr. Proto, seconded by Mr. Evans, and unanimously adopted by voice vote by members present. WHEREAS, the Tompkins County Board of Health has recommended that the following schedule of fees charged by the Environmental Health Division be adopted, now therefore be it RESOLVED, on recommendation of the Health and Education Committee, That the following schedule of fees is hereby approved for the Health Department to charge for the provision of Environmental Health permits and services commencing January 1, 1994, OPERATING OR PERMIT FEES Food Service Establishments 229 1993 Fee 1/94 Fee September 7, 1993 High and Medium Risk Low Risk Temporary Food Service Establishment Frozen Desserts Temporary Residences and Mobile Home Parks Children's Camps Swimming Pools/Bathing Beaches Mass Gatherings (per event day) $ 120.00 65.00 30.00 25.00 $30+$3 per lot/unit $ 100.00 $ 150.00 $2000.00 Community Water Systems (with sources) (Part 5, NYSSC) Up to 25 population 26 to 50 51 to 500 501 to 1000 1000 to 5000 over 5000 Bottled/Bulk Haulers, Ice Plants $ 35.00 50.00 75.00 225.00 300.00 400.00 150.00 Non -Community Water Systems (with sources) $ 50.00 (Part 5, NYSSC) Local Public Water System (TCSC) $ 35.00 Sewage Construction Permits (New Construction and Conversions) Under 1000 gallons per day design 1000 or more gallons per day design $ 125.00 200.00 Refuse Haulers $ 50.00 + $10/vehicle Fee for application received late: $25; Consecutive Lateness: $50. Note: Fees are additive for all facilities. $ 120.00 55.00 30.00 25.00 $30+$3 per lot/unit $ 100.00 $ 150.00 $2000.00 $ 35.00 50.00 75.00 225.00 300.00 400.00 150.00 $ 50.00 $ 35.00 $ 130.00 200.00 no permit required Operation permits are generally issued on an annual basis; however, if a multi-year permit is issued, a 10% reduction of the total fee will be allowed. PLAN REVIEW FEES (New Construction or Where Engineering Plans Required) Food Service Establishments High and Medium Risk Low Risk Mobile Unit Development Plan Review (Temporary Residence, MHP, and Apai li,ient Complex) (Realty Subdivisions) 1993 Fee $ 150.00 75.00 50.00 $100 plus $10 per lot/unit $100 plus $25 per lot Preliminary Development Review (Where soil testing is required) $ 150 plus 230 1994 Fee $ 150.00 75.00 50.00 $100 plus $10 per lot/unit $100 plus $25 per lot $ 150 plus September 7, 1993 Swimming Pools/Bathing Beaches Up to 5000 square feet Over 5000 square feet, slide pools, wave pools Community Water Systems (Part 5, NYSSC) New source Distribution (water main) Cross -Connection Controls - 2" and less, each over 2", each $15 per acre $15 per acre $ 100.00 $ 150.00 $ 75.00 $ 25 plus $ 10/1,000' or portion $ 100.00 $ 150.00 $ 75.00 $ 25 plus $ 10 each K' $ 25.00 $ 25.00 50.00 50.00 Non -Community and Local Public Water Systems $ 50.00 $ 50.00 Collector Sewers DEC Projects and Health Dept. Projects Environmental Impact Statement Review (Where TCHD is Lead Agency) OTHER Copies (Cost per page) Waiver/Variance Request (Requiring Board of Health action) Sanitary Codes $25 + $10/1,000' or portion $25 + $10 each K' As allowed As allowed by 6NYCRR 617.17 by 6NYCCR 617.17 $ .25 $ .25 25.00 25.00 1.00 1.00 Water Monitoring Sampling - No exemptions $5.00 + sample cost $5.00 + sample cost Note: Review fees are additive. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION REQUIRED) RESOLUTION NO. 244 - APPROVAL OF THE AMENDMENTS TO THE ENVIRONMENTAL MANAGEMENT COUNCIL BYLAWS Moved by Mr. Stein, seconded by Mr. Proto, and unanimously adopted by voice vote by members present. WHEREAS, the Environmental Management Council (EMC) has found it necessary to amend its bylaws to reflect structural changes in its organization, now therefore be it RESOLVED, on recommendation of the Planning Committee, That the bylaws of the EMC, dated March 23, 1993, be approved as amended, RESOLVED, further, That a copy of the bylaws be filed with the Clerk of the Board of Representatives. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) 231 September 7, 1993 RESOLUTION NO. 245 - AUTHORIZATION OF TOMPKINS COUNTY PLANNING DEPARTMENT TO ISSUE A CONTRACT - ALLOW LIMITED TREE CUTTING ON COUNTY FOREST LAND Moved by Mr. Stein, seconded by Ms. Mink, and unanimously adopted by voice vote by members present. WHEREAS, the Tompkins County Planning Depai intent (TCPD) has been approached by a local citizen to cut trees on County forest land, and WHEREAS, the TCPD has determined that the proposed method of harvest (by hand), and proposed extent of harvest (area of 21 acres; max. cutting of 200 dead spruce trees; max, tree diameter at base of 4 inches) will be beneficial to the County forest, now therefore be it RESOLVED, on recommendation of the Planning Committee, That the TCPD be authorized to issue a contract to Tim Resler, of Ithaca, New York, for a period of one year, commencing on September 10, 1993. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 246 - SOLID WASTE OFFICE/ENTRY TERMINATION OF GENERAL CONSTRUCTION CONTRACT Moved by Mr. Winch, seconded by Mr. Todd, and unanimously adopted by voice vote by members present. RESOLVED, on recommendation of the Public Works and Construction Management Committee, That the County Administrator is hereby authorized to terminate the contract with Morlando Construction Enterprises, Inc. SEQR ACTION: EXEMPT OR TYPE 11 (NO FURTHER ACTION NECESSARY RESOLUTION NO. 247 - AUTHORIZATION TO EXECUTE A GRANT AGREEMENT WITH THE FEDERAL AVIATION ADMINISTRATION (FAA) FOR AN EXTENSION TO THE CRASH, FIRE, RESCUE (CFR) BUILDING - TOMPKINS COUNTY AIRPORT Moved by Mr. Winch, seconded by Mr. Proto, and unanimously adopted by voice vote by members present. WHEREAS, the County has received a grant offer from the Federal Aviation Administration (FAA) in the amount of $386,869 towards the cost of the Crash, Fire, Rescue (CFR) Building Extension, and WHEREAS, the budget for said project is as follows: FAA Share (90%) Account No. 5698.4592 $386,869.00 NYSDOT (5%) Account No. 5698.3592 21,492.50 PFC's (5%) Account No. 5698.5031 21,492.50 Total Account No. 5698.9213 $429,854.00 232 September 7, 1993 RESOLVED, on recommendation of the Public Works and Construction Management Committee, That the FAA grant offer in the amount of $386,869 be and hereby is accepted and that the County Administrator is authorized to execute the required documents. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 248 - AMENDMENT OF RESOLUTION NO. 239 OF 1991 - ESTABLISHING HIGHWAY PERMIT FEES Moved by Mr. Winch, seconded by Mr. Culligan, and unanimously adopted by voice vote by members present. WHEREAS, Resolution No. 239 of 1991 established Highway Permit fees and directed the County Superintendent of Highways to charge fees, now therefore be it RESOLVED, on recommendation of the Public Works and Construction Management Committee, That Resolution 239 of 1991 be amended as follows: 11. A. Private/Non-Commercial Driveway Administrative Fee $25.00 Material (if required) $75.00 Signage (per assembly) (if required) $125.00 RESOLVED, further, That said amendment be effective September 15, 1993. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 249 - AUTHORIZATION TO EXECUTE PURCHASE AGREEMENT AND DEED - TOWN OF ENFIELD Moved by Mrs. Call, seconded by Mr. Winch, and unanimously adopted by voice vote by members present. RESOLVED, That the County Administrator is authorized and directed to execute a purchase agreement and deed conveying Town of Enfield Tax Parcel No. 16-2-5 and 16-2-2.13 to Jack Allen of 1603 Mecklenburg Road, Ithaca, New York for the sum of five thousand seven hundred ($5,700) dollars, with the appropriate commission to be paid for Patterson Real Estate according to the County's contract with that organization. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) It was Moved by Mr. Joseph, seconded by Mr. Lerner, and unanimously adopted by voice vote by members present, to lift the following resolution from the Table. RESOLUTION NO. 218 - URGING THE LABOR COMMISSIONER TO APPOINT A WAGE BOARD Moved by Mr. Joseph, seconded by Mr. Lerner, and unanimously adopted by voice vote by members present. WHEREAS, Section 653 of the New York State Labor Law provides that "The Commissioner shall have power on his own motion to cause an investigation to be made of the wages being paid to 233 September 7, 1993 persons employed in any occupation or occupations to ascertain whether the minimum wages established in accordance with the provisions of this article are sufficient to provide adequate maintenance and to protect the health of the persons employed in such occupation or occupations. The Commissioner shall, on the petition of fifty or more residents of the State engaged in or affected by an occupation or occupations sought to be investigated, cause such an investigation of such occupation or occupations to be conducted. If, on the basis of information in his possession with or without such an investigation, the Commissioner is of the opinion that any substantial number of persons employed in any occupation or occupations are receiving wages insufficient to provide adequate maintenance and to protect their health, he shall appoint a wage board to inquire into and report and recommend adequate minimum wages and regulations for employees in such occupation or occupations," and WHEREAS, a petition meeting the requirements of this law has been delivered to the Labor Commissioner, and WHEREAS, the Commissioner, John Hudacs, has stated in a meeting with members of the Campaign For a Liveable Minimum Wage, that he believes the minimum wage to be inadequate, now therefore be it RESOLVED, on recommendation of the Planning Committee, That the Tompkins County Board of Representatives urges the Labor Commissioner to act promptly to appoint a wage board in compliance with New York State Labor Law, RESOLVED, further, That a copy of this resolution be forwarded to Labor Commissioner John Hudacs and Governor Mario Cuomo, Assemblymen Martin Luster and Frank Babaro and State Senators James Seward and John R. Kuhl, Jr. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) On motion of the appropriate committee chairman and duly seconded and unanimously adopted by voice vote by members present, the following appointments were made to various advisory boards: Hillview Road Landfill Citizens Advisory Committee Term expires December 31, 1994 Joel Gagnon Human Rights Commission Term expires December 31, 1995 Fred A. Wilcox Advisory Board on Indigent Representation Term expires December 31, 1995 • Emmanuel Cestero On motion the meeting adjourned at 9:30 p.m. 234 September 21, 1993 Regular Meeting Chairman Watros called the meeting to order at 5:30 p.m. Members and guests participated in the Pledge of Allegiance. Present: 15 Representatives. (Mr. Evans and Mr. Lerner arrived at 5:35 p.m.) It was Moved by Mrs. Call, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, to approve the minutes of August 10, 1993 as submitted. Chairman Watros presented a proclamation to Mr. Ed Tenario, Veterans Administration, proclaiming the week of September 19, 1993 to be P.O.W./M.I.A. Recognition Week in Tompkins County. Mr. Tenario accepted and thanked the Board for this proclamation on behalf of the veterans of Tompkins County. Under privilege of the floor, James Ellis, Department of Social Services employee, spoke concerning air quality in the Biggs A building. Mr. Ellis stated that he believes the building does not meet minimum air quality standards and should be closed. Under privilege of the floor, Margaret Kirchgessner, Human Rights Commission employee, spoke concerning air quality in the Biggs A building. Ms. Kirchgessner stated that the Biggs building has approximately 375 people working in it daily and urged the Board to show leadership and resolve the situation. She stated that she feels accommodations should be made to allow employees suffering from multiple chemical sensitivities to work from home or create a satellite office. Under privilege of the floor, Yvonne Bartlett, Department of Social Services employee, spoke concerning air quality in the Biggs A building. She expressed continued frustration for what she believes to be a lack of progress on returning employees to work. Ms. Bartlett stated that she has been in contact with Karl Mount, Vice President of Tompkins Community Hospital, and is requesting that the hospital not supply heat to the Biggs building. Ms. Bartlett also requested that employees who have been diagnosed with multiple chemical sensitivities be added as members to the Indoor Air Quality Task Force. Under privilege of the floor, Mel Bartlett, Interlaken resident and husband of Yvonne Bartlett, spoke in opposition to the proposed resolution to award a bid for Department of Social Services furniture. Mr. Bartlett stated that if the proposed resolution is adopted by the Board he would appeal that decision. Under privilege of the floor, Sharon Prezioso McLaughlin, Depai intent of Social Services employee, submitted a statement requesting relocation to a satellite office which would serve two purposes: 1. Accommodate disabilities; and 2. Provide a central location as originally planned for people unable to get to Biggs A. - Under privilege of the floor, Ernest Bury, Valley Road, Ithaca, spoke concerning the closing of Triangle Steel and suggested that the County use that location for a recycling center. Mr. Bury stated that the location of that building is on a rail line and feels the Board should pursue this as a way of transporting waste. Under privilege of the floor, Eric Lerner, Chairman, Solid Waste and Resource Management Committee, stated that there is a rail line near the Tompkins County Recycling and Solid Waste Center on Commercial Avenue and if cost effective, the County would pursue that option. 235 September 21, 1993 Mr. Proto, Chairman, Health and Education Committee, reported that the Committee will meet on September 30 and October 1 to review budgets. He stated that he received from Tompkins Cortland Community College a schedule for long range planning. Mr. Proto reported that he attended a meeting of the New York State Archives and Records Administration and stated that he would be assisting local school districts and fire departments in applying for grants. He stated that Tompkins Community Hospital with Tompkins Cortland Community College, will be providing a new paramedic training program. He reported that Planned Parenthood has completed its analysis for the Prenatal Care Assistance Program Report on Minorities and expects the report to be received by next week. Mr. Evans, Chairman, Personnel Committee, reported that the Committee met this afternoon to discuss the beginning of negotiations with CSEA. Negotiations are scheduled for September 24, 27, 28 and 30. The next regular Committee meeting will be September 30 at 8 a.m. Ms. Mink, Chair, Human Services Committee, reported that the next Committee meeting will be October 5 and that budget reviews will follow the regular Committee meeting. At this time, Ms. Mink asked James Kazda, Senior Civil Engineer, Public Works Depai tiuent, to update the Board on accommodations being made to return employees to work in the Biggs building. James Kazda, Senior Civil Engineer, Public Works Department, reported on activities that have taken place in order to make space available for employees out of work. Mr. Kazda updated the Board on work being done to the building, including but not limited to: carpeting and adhesive has been removed, ceilings, floor, windows and walls have been washed, air purifiers have been installed, and air conditioning units have been cleaned and filters replaced. He also informed the Board that a state of the art HVAC system is being installed in the building. Mr. Kazda spoke of a schedule referred to as the master plan for implementing improvements at Biggs and other County buildings that was proposed approximately a month ago and stated that they are still working from that but will need to update it as a result of comments that were received late from Mr. Siwinski. Mr. Stein asked Mr. Kazda if Mr. Siwinski has stated that air in the Biggs A building is not safe. Mr. Kazda stated that "Mr. Siwinski has performed a survey of the employees within the Biggs complex and that survey identifies that there is a trend of concern within the building, no where has Mr. Siwinski made any recommendations for us to take any other actions than the actions that we have been taking. We have been taking actions and we have to follow the protocols which have been established by many state and national agencies. The protocols that we have been following are consistent with the way other indoor air quality problems have been identified and have been followed and have been resolved. So, we are following his guidelines as well as the guidelines of other agencies and he has not identified any need to take action beyond that." Mr. Kazda referred to the fresh air ventilation standard and stated that he would be researching code compliance further and will continue to report to the Board. Mr. Mason, Chairman, Public Safety Committee, stated that the next Committee meeting will be October 7 at noon at which there will be a brief regular Committee meeting followed by budget reviews. Mr. Mason reported that he attended the New York State Association of Counties (NYSAC) 69th Annual Fall Seminar. Mr. Mason reported that he visited the Onondaga County E911 Center and was very impressed. Mr. Mason stated that he heard from representatives from correction and probation departments throughout the State at the Conference and reported that twenty facilities are in the process of expanding their facilities. He said that in 1989 jail populations were at 130 percent of capacity and in 1993 they are at 92 percent capacity. This may be one indication of why expected revenues were not generated in the past year from boarding prisoners. Mr. Stein, Chairman, Planning Committee, reported that the Committee met on September 14 and that business is reflected on the agenda. 236 September 21, 1993 Mr. Winch, Chairman, Public Works and Construction Management Committee, reported that the Committee met September 13 at the Biggs complex and members of the Committee were given a tour of the building. Mr. Winch reported on the status of the Forest Home pedestrian bridge and stated that the bridge is now open. He stated that the Buffalo Hill Road Bridge was open on time and that there are still two homes experiencing trouble with water systems. He reported that staff of the Department of Public Works continues to work to resolve this problem. Mr. Todd, Chairman, Fiscal Affairs Committee, reported that the Committee met on September 15 to discuss a very preliminary program having to do with Total Quality Management. The next meeting will be September 29. Mr. Lerner, Chairman, Solid Waste and Resource Management Committee, reported that the Committee met on September 9. They will meet again on October 28 to review Solid Waste budgets. Mrs. Livesay, Intergovernmental Representative, reported that she is currently working on negotiations with the Office of State Parks and has also been researching television cable in Tompkins County. Mrs. Call, Chairman, Budget and Administration Committee, reported that the Committee met September 14 and heard a presentation from people from the City of Ithaca concerning the proposed B.I.D. (Business Improvement District) and stated that there was not a positive vote to move it forward. The Committee received a report from Sheila Ferrari, Director of Purchasing and Central Services, on doing business with preferred sources. Mrs. Call reported that the Committee was updated by Kathy West, Deputy County Administrator, on the status of payments that have been received for the Solid Waste Annual Fee. She stated that the next Committee meeting will be October 12 at 5 p.m. Mrs. Call made special mention of Jeff Vandermark, Department of Public Works employee, who has by hand, polished the entire railing from the basement to the third floor of the Courthouse. He has also begun work on the marble throughout the Courthouse. Mrs. Call stated Mr. Vandermark is an employee who takes pride in his work. Mr. Winch, Chairman, Public Works and Construction Management Committee, thanked Mrs. Call for her comments and stated that approximately a year and a half ago, as Chairman of the Public Works and Construction Management Committee, he wrote a letter to Mr. Vandermark complimenting him on his job performance and how well he maintains the Courthouse and other County buildings. Other members of the Board also commended Mr. Vandermark on his work and for being a dedicated employee. Mr. Heyman, County Administrator, stated that proposed County departmental budget requests have been placed on Board member's desks. Mr. Heyman reported that he also attended the 69th Annual New York State Association of Counties Fall Seminar and moderated a panel on Total Quality Management. Mr. Heyman stated that he is in the process of developing a services brochure which will contain services information as well as the information provided in the roster prepared by the Clerk of the Board and in the Local Government Directory prepared by the Planning Department. Mr. Mulvey, County Attorney, reported that he will submit a list of all active assessment cases to the Board office for review by Board members. Mr. Mulvey stated that he will ask for an executive session to update the Board on the status of the Collins bankruptcy case. On motion of the appropriate committee chairmen and duly seconded and unanimously adopted by voice vote, the following resolutions were added to the agenda: Award of Bid - Department of Social Services Furniture 237 September 21, 1993 Authorization to Execute Purchase Agreement and Deed, Town of Lansing Tax Parcel No. 7-1- 11.1 and 11.2 Authorization to File a Grant Application for ISTEA Funding of Newfield Covered Bridge Preservation and Restoration Project and to enter into an Agreement with New York State Department of Transportation for Acceptance of Project Authorization to Settle Action - Usher vs. Mobbs Chairman Watros gave Mrs. Call, Chair, Budget and Administration Committee, permission to withdraw from the agenda the resolution entitled Establishing a Per -Ton Fee for Solid Waste in 1994. On motion of the appropriate committee chairmen and duly seconded and unanimously adopted by voice vote, the following resolutions were withdrawn from the agenda with final committee action being affirmed: CA087-93 - Acceptance of Funds, Authorization to Execute Contract, Budget Adjustment - "89- 313" Funds CA088-93 - Authorization to Submit Grant Proposal - Healthy Heart CA089-93 - Approval of Grant for Village of Dryden CA090-93 - Award of Bid - Office Supplies CA091-93 - Salary Adjustment - Personnel Department CA092-93 - Reclassification of Position - County Attorney's Office RESOLUTION NO. 250 - ESTABLISHING THE PER -TON FEE FOR SOLID WASTE FOR 1994 Moved by Mr. Lerner, seconded by Mr. Todd. Mr. Lerner began discussion stating that the County has a Solid Waste program which has to be funded in 1994 and included in that funding is a cost of $3 million to landfill waste. This amount does not include recycling, composting or landfill closure. He stated that the passage of this resolution with either a $100 or $105 tipping fee commits the Board to a small increase in the tipping fee, continuation of the Annual Fee, continuing to plan for recycling fees and to no property tax increase going towards solid waste in 1994. Mr. Lerner stated he feels committee members are all in agreement that the fairest way to charge for solid waste is through a weight or volume based fee. He said the committee felt that the tipping fee should be set at a conservative rate to avoid a higher rate of Flow Control and illegal dumping violators. Mr: Evans stated that he is prepared to support a higher tipping fee if the Annual Fee were to be made more fair. Mr. Lerner stated that there has been a lot of complaints about the Solid Waste Annual Fee and that by raising the tipping fee to $105 it would be possible to have more flexibility in adjusting fees. It was Moved by Mr. Joseph, seconded by Mrs. Call, to amend the tipping fee from $100 to $105. Mr. Todd stated that he would support a tipping fee of $100 and stated that he feels that the higher the tipping fee, the more of an incentive for haulers to violate Flow Control. He stated that preliminary figures he has seen show that by raising the tipping fee to $100 there would be a modest reduction in the Annual Fee. Mr. Stein stated that he has been opposed to the Annual Fee and is inclined to raise the tipping fee even higher. 238 September 21, 1993 It was Moved by Mr. Stein, seconded by Mr. Proto, to amend the amendment to a $115 tipping fee. Mr. Winch stated that he can not support a tipping fee this high because he feels illegal dumping would increase. Mr. Evans stated that although he is not in favor of the Annual Fee, he feels the majority of people are paying less than they would if it were on the property tax. Mr. Proto stated that he doesn't think that raising the tipping fee to $115 will create that much of an adverse reaction and that there will always be people who will dump illegally. Mr. Lerner stated that if a validation of flow control were received by the Supreme Court, he would at that time look very seriously at raising the tipping fee. A vote by show of hands on the motion to amend the amendment resulted as follows: Ayes - 3 (Representatives Evans, Proto and Stein), Noes - 12. Motion Lost. A vote by show of hands on the amendment to raise the tipping fee to $105 resulted as follows: Ayes - 10, Noes - 5 (Representatives Schuler, Stein, Shurtleff, Todd and Winch). Motion Carried. It was Moved by Mr. Joseph, seconded by Mrs. Schuler, to delete the second RESOLVED. Mr. Lerner stated that the Board should keep in mind that the county is already faced with at least a six percent property tax increase for 1994. A voice vote resulted as follows: Ayes - 5 (Representatives Joseph, Lerner, Mink, Schuler and Stein), Noes - 10. Motion Lost. A roll call vote on the resolution as amended resulted as follows: Ayes - 10, Noes - 5 (Representatives Proto, Schuler, Shurtleff, Stein and Winch). Adopted. RESOLVED, on recommendation of the Solid Waste and Resource Management Committee, That the per -ton fee for solid waste is hereby increased to $105 effective January 1, 1994, RESOLVED, further, That it is not the intention of the Board to include any costs of the Solid Waste or Recycling programs in those portions of the 1994 County budget that would require real property tax funding, RESOLVED, further, That this Board authorizes continued examination at the staff and Committee level of service -based recycling fees not to be implemented before January 1, 1995. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 251 - APPROVAL OF ACCEPTANCE OF LOCAL INITIATIVE MONIES - SIX MILE CREEK PROJECT (Adopted November 16, 1993) Moved by Mr. Stein, seconded by Mrs. Schuler. Mr. Proto stated that all municipalities are not informed of this and feels that a meeting of municipal representatives should take place prior to voting to accept these funds and suggested that this be postponed indefinitely. Mr. Stein stated that he agrees with Mr. Proto and feels the matter should be resolved before action is taken by this Board. Mrs. Livesay stated that she would also like more information and Moved to Table this resolution to the October 5, 1993 Board meeting. Motion failed for lack of a second. It was Moved by Mr. Evans, seconded by Mrs. Schuler, to Table this resolution to the October 19, 1993 Board meeting. A voice vote resulted as follows: Ayes - 15, Noes - 0. Motion to Table Carried. RESOLUTION NO. 252 - AUTHORIZATION TO AWARD TOURISM PROMOTION GRANTS - ADVISORY BOARD ON TOURISM DEVELOPMENT Moved by Ms. Mink, seconded by Mr. Proto. Mr. Joseph stated that although he believes these projects are important, he feels there are higher priorities. A voice vote resulted as follows: Ayes - 14, Noes - 1 (Representative Shurtleff). Adopted. 239 September 21, 1993 WHEREAS, the Advisory Board on Tourism Development has responsibility for the review of grant proposals for tourism related projects in Tompkins County, and WHEREAS, the Hangar Theatre, Kitchen Theatre, Tompkins County Quilters Guild, and Sacred Harp Singers have submitted applications for funding from the County through the Advisory Board on Tourism Development, and WHEREAS, the Advisory Board on Tourism Development has found the above-mentioned grant requests to be worthy of funding and appropriate to the mission of the Advisory Board on Tourism Development, now therefore be it RESOLVED, on recommendation of the Planning Committee, That the following grants be awarded: Hangar Theatre $ 6,350 Kitchen Theatre $ 6,000 Tompkins County Quilters Guild $ 5,830 Sacred Harp Singers $ 260 Total $18,440 SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 253 - REASSIGNMENT OF SPACE, BIGGS BUILDING A Moved by Mr. Stein, seconded by Mrs. Call, and unanimously adopted by voice vote. RESOLVED, on recommendation of the Human Services, Planning, Public Works and Construction Management and Budget and Administration Committees, That space now currently vacant in Biggs Building A is hereby assigned to the Depai tment of Social Services, said space as shown in a map prepared by the Department of Planning and dated September 1993. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 254 - AUTHORIZATION TO EXECUTE A GRANT AGREEMENT WITH THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION - TOMPKINS COUNTY AIRPORT - CONSTRUCT NEW TERMINAL BUILDING (PHASE 2) Moved by Mr. Winch, seconded by Mr. Culligan, and unanimously adopted by voice vote. WHEREAS, the County has received a grant offer from the New York State Department of Transportation (NYSDOT) in the amount of $7,843 towards the cost of constructing the new terminal building, it being a Phase 2 grant, and WHEREAS, the budget for Phase 2 of the new terminal building is as follows: FAA Share (90.0%) NYSDOT Share (5.0%) PFC Share (5.0%) Account No. 5610.4592 $ 88,883 Account No. 5610.3592 $ 7,843 Account No. 5610.5031 $ 7,842 Total Account No. 5610.2200 $104,568 RESOLVED, on recommendation of the Public Works and Construction Management Committee, That the New York State Department of Transportation grant offer in the amount of $7,843 be and hereby is accepted and that the County Administrator is authorized to execute the required documents. SEQR ACTION: TYPE I (NEGATIVE DECLARATION ON FILE) 240 September 21, 1993 RESOLUTION NO. 255 AUTHORIZATION TO EXECUTE A GRANT AGREEMENT WITH THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION - TOMPKINS COUNTY AIRPORT - EXTEND, MARK, LIGHT AND GROOVE RUNWAY 14 Moved by Mr. Winch, seconded by Mr. Proto, and unanimously adopted by voice vote. WHEREAS, the County has received a grant offer from the New York State Depaitinent of Transportation (NYSDOT) in the amount of 4191,222.20 towards the cost of extending, marking, lighting and grooving Runway 14, and WHEREAS, the budget for the runway extension project is as follows: FAA Share (90.0%) Account No. 5698.4592 $ 3,442,000.00 NYSDOT Share (5.0%) Account No. 5698.3592 $ 191,222.20 PFC Share (5.0%) Account No. 5698.5031 $ 191,222.20 Total Account No. 5698.2200 $3,824,444.40 RESOLVED, on recommendation of the Public Works and Construction Management Committee, That the New York State Department of Transportation grant offer in the amount of $191,222.20 be and hereby is accepted and that the County Administrator is authorized to execute the required documents. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 256 - AUTHORIZATION FOR QUIT CLAIM DEED - MAIN STREET, NEWFIELD Moved by Mr. Winch, seconded by Mr. Mason, and unanimously adopted by voice vote. RESOLVED, on recommendation of the Public Works and Construction Management Committee and the Highway Superintendent with the consent of the Tompkins County Superintendent of Highways, That certain lands situate in the Town of Newfield, which land is located between the westerly line of Old Main Street adjacent to property of the People's Baptist Church of Newfield, New York are no longer needed for public use, RESOLVED, further, That the County Administrator is hereby authorized to execute a quit claim deed to the People's Baptist Church of Newfield, New York in consideration of ONE DOLLAR ($1.00). SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 257 - CREATION OF POSITION - PERSONNEL Moved by Mrs. Call, seconded by Mr. Evans, and unanimously adopted by voice vote. RESOLVED, on recommendation of the Personnel and Budget and Administration Committees, That one position of Personnel Assistant (60/333), labor grade J(10) Confidential, competitive class, be created effective September 1, 1993, RESOLVED, further, That no new monies are needed to fund this change for 1993. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 258 - CREATE, ABOLISH AND RECLASSIFY POSITIONS - TOMPKINS CORTLAND COMMUNITY COLLEGE 241 September 21, 1993 Moved by Mrs. Call, seconded by Mr. Proto, and unanimously adopted by voice vote. RESOLVED, on recommendation of the Health, Personnel, and Budget and Administration Committees, That the following positions be created, abolished, and reclassified effective September 1, 1993 CREATE 1 Receptionist/Operator, full-time, labor grade B, competitive class 1 Keyboard Specialist, full-time, labor grade C, competitive class 1 Stenographic Secretary, competitive class, labor grade H RECLASSIFY 1 Keyboard Specialist, labor grade C to Secretary, labor grade G, both competitive class ABOLISH 1 Administrative Assistant, labor grade J, competitive class RESOLVED, further, That no new monies are needed to fund these changes in 1993. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 259 - BUDGET ADJUSTMENTS AND APPROPRIATIONS - VARIOUS DEPARTMENTS Moved by Mrs. Call, seconded by Mr. Mason. A short roll call vote resulted as follows: Ayes - 15, Noes - 0. Adopted. RESOLVED, on recommendation of the Health and Education, Human Services, Public Safety, Public Works, and Budget and Administration Committees, That the County Comptroller be authorized to make the following budget adjustments and appropriations on his books: BUDGET ADJUSTMENTS Administration Revenue: A1989.2770 A1620.2770 A1989.4462 A1620.4462 Appropriation: Fire & EMS Revenue: Appropriation: Revenue: Appropriation: Office for the Aging Revenue: Appropriation: Revenue: Appropriation: Revenue: Appropriation: Revenue: Unclassified Revenues Unclassified Revenues Insurance Insurance A3410.3389 State Aid A3410.2222 Equipment A3410.3389 A3410.2222 State Aid Community Equipment A6795.2705 Gifts & Donations A6795.4491 Subcontractor A6776.4772 A6776.4342 Revenue Food A6784.4772 Cash -in Lieu A6784.4342 Food A6776.4772 $ 4,446 1 ,123 $ 4,446 1,123 $25,000 $25,000 $36,000 $36,000 $ 250 $ 250 $ 397 $ 397 $ 267 $ 267 Revenue $ 397 242 Appropriation: Revenue: Appropriation: Revenue: Appropriation: Mental Health Revenue: Appropriation: Revenue: Appropriation: Revenue: Appropriation: Revenue: Appropriation: Social Services Revenue: Appropriation: A6776.4342 A6780.2705 A6780.4491 A6794.3 803 A6794.4302 .1529 .1559 .4330 .4452 .4472 .4465 .4466 .8810 .8830 .8840 .8860 .8870 A4322.3493 A4322.4400 A4329.3494 A4329.4400 A4324.3490 A4324.3499 A4324.4400 A4329.3499 A4329.4400 A6070.2770 3670 4670 A6070.4400 APPROPRIATIONS from 1992 Surplus Assessment Revenue: A0599.0000 Appropriation: A1355.2206 A .2211 A .4332 A .4452 A .4466 Revenue: A0599.0000 Appropriation: A1355.2211 September 21, 1993 Food Gifts & Donations Subcontractors State Revenue Office Supplies Salary Salary Printing Postage Telephone Job Necessitated Travel Job Related Travel Retirement Social Security Worker's Comp Health Insurance Unemployment OMR/DD OT State Aid Special Children's Center OMR/DD 620 State Aid Challenge Industries State Aid -Adult Family Support State Aid-C&Y Support Mental Health Association OMH Contract Revenue Challenge Industries Unallocated Revenues State Revenues Federal Revenues Purchase of Services General Fund Balance Computer Equipment Chairs Books, Publications Postage Job Related Travel & Training General Fund Balance Chairs 243 $ 397 $ 225 $ 225 $(7,149) $( 50) ( 287) ( 4,929) ( 100) ( 25) ( 100) ( 100) ( 45) ( 182) ( 399) ( 16) ( 885) ( 31) $ 1,893 $ 1,893 $ 934 $ 934 $ 60 $ 4,000 $ 4,060 $ 953 $ 953 $11,700 $32,175 $53,625 $97,500 $ 5,455 $ 3,400 725 70 500 760 $ 307 $ 307 Youth Bureau Revenue: A0599.0000 Appropriation: A7020.2212 .2213 A7026.4569 A7020.4442 September 21, 1993 General Fund Balance Desks, Bookcases, Tables File Cabinets FCS: Rural Coordination Professional Service Fees APPROPRIATIONS from Contingency Fund Human Services Coalition Revenue: Appropriation: Data Processing Revenue: Appropriation: A1990.4400 A6310.4561 A1990.4400 A1680.1287 .1638 .8810 .8830 .8840 .8870 $ 7,619 $ 850 150 3,619 3,000 Contingent Fund Balance $ 1,635 Neighborhood Legal Services $ 1,635 Contingent Fund Balance Director Data Processing Microcomputer Specialist Retirement Social Security Workers Compensation Unemployment Insurance Revenue: A1990.4400 Contingent Fund Balance Appropriation: A1680.2206 Computer Equipment RESOLVED, further, That the County Administrator be and he hereby is authorized to execute $25,949 $22,363 1,435 0 2,072 79 0 $12,783 $12,783 any contracts necessary to convey these funds. SEQR ACTION: EXEMPT OR TYPE 11 (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 260 - AUTHORIZATION TO TRANSFER FUNDS AND ENTER INTO A CONTRACT WITH SYSTEMS EAST FOR SOFTWARE FOR COUNTY TAX BILL Moved by Mrs. Call, seconded by Mr. Evans, and unanimously adopted by voice vote. RESOLVED, on recommendation of the Budget and Administration Committee, That the Budget and Finance Department be authorized to enter into a contract with Systems East of Cortland, NY for the development of software for a new County tax bill format, RESOLVED, further, That the Comptroller is hereby directed to make the following budget transfer: FROM: A1311.4400 Program Expense $4,000 TO: A1311.4442 Prof. Service Fee $4,000 SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 261 - BUDGET ADJUSTMENT AND APPROPRIATION FROM CONTINGENCY FUND - SHERIFF'S DEPARTMENT Moved by Mrs. Call, seconded by Mr. Mason. A short roll call vote resulted as follows: Ayes - 14, Noes - 1 (Representative Culligan). Adopted. 244 September 21, 1993 RESOLVED, on recommendation of the Public Safety, and Budget and Administration Committees, That the following budget adjustment and budget appropriation be made, RESOLVED, further, That the 1994 Fiscal Plan target spending calculation shall not be increased by the $62,718 authorized by this resolution for the Public Safety Committee, or for the total County budget. BUDGET ADJUSTMENT REVENUE A3110.2770 A3110.3330 APPROPRIATION A3110.1412 A3110.1419 A3110.8810 A3110.8830 A3110.8840 A3110.8870 Unclassified Revenue Sec. Costs Court System $11,000 18,000 Sergeant Deputy Sheriff $ 3,000 Deputy Sheriff 23,529 Retirement 0 Social Security 1,939 Workers Compensation 532 Unemployment 0 TO REFLECT STATE INSURANCE FUND REIMBURSEMENT ANTICIPATED FOR DECEMBER 1992, THROUGH JUNE 30, 1993 WORKERS' COMPENSATION CLAIMS. BUDGET APPROPRIATION FROM: A1990.4400 TO: A3110.1412 A3110.1419 A3110.1219 A3110.1906 A3110.8810 A3110.8830 A3110.8840 A3110.8870 Contingency Fund Sergeant Deputy Sheriff Deputy Sheriff Undersheriff Shift Differential Retirement Social Security Workers Compensation Unemployment $60,169 $14,049 29,756 10,419 600 0 4,194 1,151 0 TO REINSTATE FUNDS PAID FOR TERMINAL PAY AND REPLACEMENT PAY BETWEEN JANUARY 1, 1993 AND JUNE 30, 1993. (Net of Fiscal Plan deductible of $22,350 which represents 25% of the 1992 Fiscal Plan reduction AND $5,253 shortfall in the 1992 year-end balance for this department.) SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 262 INCREASING TAXES ON SALES AND USES OF TANGIBLE PERSONAL PROPERTY AND ON CERTAIN SERVICES, AND ON OCCUPANCY OF HOTEL ROOMS, AMUSEMENT CHARGES AND CLUB DUES, PURSUANT TO ARTICLE 29 OF THE TAX LAW OF THE STATE OF NEW YORK Moved by Mrs. Call, seconded by Mr. Mason. A voice vote resulted as follows: Ayes - 13, Noes - 2 (Representatives Proto and Schuler). Adopted. Be it enacted by the Board of Representatives of the County of Tompkins as follows: 245 September 21, 1993 SECTION I. The first sentence of section two of Resolution No. 256A as enacted in nineteen hundred sixty-six, as amended, is amended to read as follows: SECTION 2. Imposition of sales tax. On and after March first, nineteen hundred and sixty-seven, there is hereby imposed and there shall be paid a tax of three percent upon, and for the period commencing December 1, 1992, and ending November 30, 1995, there is hereby imposed and there shall be paid an additional tax of one percent upon: SECTION 2. Subdivision (f) of section three of Resolution No. 256A as enacted in nineteen hundred sixty-six, as amended, is amended to read as follows: (f) With respect to the additional tax of one percent imposed for the period commencing December 1, 1992, and ending November 30, 1995, the provisions of subdivisions (a), (b), (c), (d) and (e) of this section apply, except that for the purposes of this subdivision, all references in said subdivisions (a), (b), (c) and (d) to an effective date shall be read as referring to December 1, 1992, all references in said subdivision (a) to the date four months prior to the effective date shall be read as referring to August 1, 1992, and the reference in subdivision (b) to the date immediately preceding the effective date shall be read as referring to November 30, 1992. Nothing herein shall be deemed to exempt from tax at the rate in effect prior to December 1, 1992, any transaction which may not be subject to the additional tax imposed effective on that date. SECTION 3. Section four of Resolution No. 256A as enacted in nineteen hundred sixty-six, as amended, is amended to read as follows: SECTION 4. Imposition of compensating use tax. (a) Except to the extent that property or services have already been or will be subject to the sales tax under this enactment, there is hereby imposed on every person a use tax for the use within this taxing jurisdiction on and after December 1, 1992, except as otherwise exempted under this enactment, (A) of any tangible personal property purchased at retail, (B) of any tangible personal property (other than computer software used by the author or other creator) manufactured, processed or assembled by the user, (i) if items of the same kind of tangible personal property are offered for sale by him in the regular course of business or (ii), if items are used as such or incorporated into a structure, building or real property, by a contractor, subcontractor or repairman in erecting structures or buildings, or building on, or otherwise adding to, altering, improving, maintaining, servicing or repairing real property, property or land, as the terms real property, property or land are defined in the real property tax law, if items of the same kind are not offered for sale as such by such contractor, subcontractor or repairman or other user in the regular course of business, (C) of any of the services described in paragraphs (1), (7) and (8) of subdivision (c) of section two, (D) of any tangible personal property, however acquired, where not acquired for purposes of resale, upon which any of the services described under paragraphs (2), (3) and (7) of subdivision (c) of section two have been performed, (E) of any telephone answering service described in subdivision (b) of section two and (F) of any computer software written or otherwise created by the user if the user offers software of a similar kind for sale as such or as a component part of other property in the regular course of business. (b) For purposes of clause (A) of subdivision (a) of this section, for the period commencing December 1, 1992, and ending November 30, 1995, the tax shall be at the rate of four percent, and on and after December 1, 1995, the tax shall be at the rate of three percent, of the consideration given or contracted to be given for such property, or for the use of such property, including any charges for shipping or delivery as described in paragraph three of subdivision (b) of section one, but excluding any credit for tangible personal property accepted in part payment and intended for resale. (c) For purposes of subclause (i) of clause (B) of subdivision (a) of this section, for the period commencing December 1, 1992, and ending November 30, 1995, the tax shall be at a rate of four percent, and on and after December 1, 1995, the tax shall be at the rate of three percent, of the price at which items of the same kind of tangible personal property are offered for sale by the user, and the mere storage, keeping, retention or withdrawal from storage of tangible personal property by the person who manufactured, processed or assembled such property shall not be deemed a taxable use by him. 246 September 21, 1993 (d) For purposes of subclause (ii) of clause (B) of subdivision (a) of this section, for the period commencing December 1, 1992, and ending November 30, 1995, the tax shall be at the rate of four percent, and on and after December 1, 1995, the tax shall be at the rate of three percent, of the consideration given or contracted to be given for the tangible personal property manufactured, processed or assembled into the tangible personal property the use of which is subject to tax, including any charges for shipping or delivery as described in paragraph three of subdivision (b) of section one. (e) Notwithstanding the foregoing provisions of this section, for purposes of clause (B) of subdivision (a) of this section, there shall be no tax on any portion of such price which represents the value added by the user to tangible personal property which he fabricates and installs to the specifications of an addition or capital improvement to real property, property or land, as the terms real property, property or land are defined in the real property tax law, over and above the prevailing normal purchase price prior to such fabrication of such tangible personal property which a manufacturer, producer or assembler would charge an unrelated contractor who similarly fabricated and installed such tangible personal property to the specifications of an addition or capital improvement to such real property, property or land. (f) For purposes of clauses (C), (D) and (E) of subdivision (a) of this section, for the period commencing December 1, 1992, and ending November 30, 1995, the tax shall be at the rate of four percent, and on and after December 1, 1995, the tax shall be at the rate of three percent, of the consideration given or contracted to be given for the service, including the consideration for any tangible personal property transferred in conjunction with the performance of the service and also including any charges for shipping and delivery of the property so transferred and of the tangible personal property upon which the service was performed as such charges are described in paragraph three of subdivision (b) of section one. (g) For purposes of clause (F) of subdivision (a) of this section, for the period commencing December 1, 1992, and ending November 30, 1995, the tax shall be at the rate of four percent, and on and after December 1, 1995, the tax shall be at the rate of three percent, of the consideration given or contracted to be given for the tangible personal property which constitutes the blank medium, such as disks or tapes, used in conjunction with the software, or for the use of such property, and the mere storage, keeping, retention or withdrawal from storage of computer software described in such clause (F) by its author or other creator shall not be deemed a taxable use by such person. SECTION 4. Subdivision (1) of section 11 of Resolution No. 256A as enacted in nineteen hundred sixty-six, as amended, is amended to read as follows: (1)(A) In respect to the use of property used by the purchaser in this County prior to March 1, 1967. (B) With respect to the additional tax of one percent imposed for the period commencing December 1, 1992, and ending November 30, 1995, in respect to the use of property used by the purchaser in this County prior to December 1, 1992. SECTION 5. This enactment shall take effect on December 1, 1993. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 263 - AUTHORIZATION TO EXECUTE PURCHASE AGREEMENT AND DEED, TOWN OF LANSING TAX PARCEL NO. 7-1-11.1 AND 11.2 Moved by Mrs. Call, seconded by Mr. Todd, and unanimously adopted by voice vote. RESOLVED, That the County Administrator is directed to execute a purchase agreement and deed to convey Tax Parcels No. 7-1-11.1 and 11.2 in the Town of Lansing to Christopher Muka of Newfield for the sum of $8,000 with the appropriate commission to be paid to Patterson Real Estate. SEQR ACTION: EXEMPT OR TYPE If (NO FURTHER ACTION NECESSARY) 247 September 21, 1993 RESOLUTION NO. 264 - AWARD OF BID - DEPARTMENT OF SOCIAL SERVICES (DSS) FURNITURE Moved by Ms. Mink, seconded by Mrs. Schuler. The question was called and a voice vote resulted as follows: Ayes - 13, Noes - 2 (Representatives Schuler and Stein). A voice vote resulted as follows on the resolution as follows: Ayes - 15, Noes - 0. Adopted. WHEREAS, the Division of Purchasing and Central Services has duly advertised for the purchase of various articles of furniture for the Depa' tment of Social Services, and WHEREAS, three (3) bids were received and publicly opened on August 20, 1993, now therefore be it RESOLVED, on recommendation of the Human Services Committee, That the bid be awarded to Vincent Furniture of Groton, New York being the lowest responsible bidder, RESOLVED, further, That the Department of Social Services be authorized to implement this bid on behalf of the County, funds to be provided from various program accounts. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 265 - AUTHORIZATION TO FILE A GRANT APPLICATION FOR ISTEA FUNDING OF THE NEWFIELD COVERED BRIDGE PRESERVATION AND RESTORATION PROJECT AND TO ENTER INTO AN AGREEMENT WITH NEW YORK STATE DEPARTMENT OF TRANSPORTATION FOR ACCEPTANCE OF PROJECT RESPONSIBILITIES AND ASSURANCE OF THE LOCAL SHARE OF FUNDING Moved by Mr. Winch, seconded by Mr. Evans. Mr. Stein requested he abstain because he served on the committee that reviewed this at the State level. Mrs. Livesay confirmed with Mr. Winch that this project does not jeopardize the Forest Home Bridge Project. Mr. Winch said it is not related and that to the best of his knowledge it does jeopardize the Forest Home Bridge Project. A voice vote resulted as follows: Ayes - 14, Noes - 0, Abstentions - 1 (Representative Stein). Adopted. WHEREAS, the Rehabilitation and Restoration of the Newfield Covered Bridge will facilitate the preservation and continued operation of a historic transportation facility within Tompkins County, have positive economic impacts on the Town of Newfield and Tompkins County through continued and enhanced tourism activities and will provide the residents of the Town of Newfield and the greater Tompkins County area with a greater sense of cultural heritage and local history, and WHEREAS, the Tompkins County Department of Public Works Highway and Engineering Divisions intends to file a grant application with the New York State Department of Transportation (NYSDOT) for the Newfield Covered Bridge Preservation and Restoration Project in the amount of $280,000 in order to fund the following: - Abutment and bank stabilization - New paint, decking and roofing - Parking lot upgrade and timber guiderail extensions - Overlook and picnic area(s) - Pedestrian bridge - Landscaping - Survey, design and inspection of the above 248 September 21, 1993 WHEREAS, NYSDOT as part of the application process, requires that Tompkins County accept responsibility for and/or provide the following: - Insure public sector support for the project - Provide assurance for the nonfederal share of the funding and specificity as to when the nonfederal share will be available - Assume responsibility for cost increases and cost overruns - Assume design responsibilities - Assume inspection and maintenance responsibilities - Assure necessary environmental compliance - Assume construction and construction inspection responsibilities - Assume other responsibilities as may be required - Enter into a formal agreement with NYSDOT, if the project is chosen for ISTEA funding WHEREAS, the nonfederal share of the project is 20 percent of the total or $56,000, now therefore be it RESOLVED, on recommendation of the Public Works and Construction Management Committee, That the Divisions of Highway and Engineering proceed with the application to NYSDOT for the ISTEA funding of the Newfield Covered Bridge Preservation and Restoration Project and that the Commissioner of Public Works be hereby authorized to execute the application, RESOLVED, further, That the Tompkins County Board of Representatives fully supports this project and hereby agrees to provide the 20 percent nonfederal share of the project ($56,000), which shall be part of the normal appropriation for bridges at the time required by the State or Federal Government" RESOLVED, further, That the funding for the nonfederal share shall be available by January 1, 1994, RESOLVED, further, That the County Administrator be hereby authorized to execute the necessary agreements with NYSDOT for the purposes of providing NYSDOT with assurance of the availability of the nonfederal share and to formally accept the project responsibilities outlined above. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 266 - AUTHORIZATION TO SETTLE ACTION - USHER VS. MOBBS Moved by Mr. Winch, seconded by Mr. Culligan, and unanimously adopted by voice vote. RESOLVED, on recommendation of the Public Works and Construction Management Committee, That the County Attorney is authorized to settle the action of Usher vs. Mobbs pursuant to negotiations between Ward Hungerford, Highway Manager and James Fast, buyer of the Usher property, whereby twenty (20) spruce trees will be furnished and planted by the Department of Public Works to replace trees to be removed for shoulder improvement, RESOLVED, further, That the Board of Representatives authorizes the agreement between Ward Hungerford and James Fast. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) Chairman Watros declared recess at 8:19 p.m. The meeting reconvened at 8:28 p.m. It was Moved by Mr. Lerner, seconded by Mrs. Call, and unanimously adopted by voice vote, to enter into executive session at 8:28 p.m. to discuss Collins' bankruptcy and three personnel matters. The meeting returned to open session at 9:25 p.m. On motion, the meeting adjourned at 9:25 p.m. 249 October 5, 1993 Regular Meeting Chairman Watros called the meeting to order at 5:30 p.m. Members and guests participated in the Pledge of Allegiance. Present: 15 Representatives. It was Moved by Mrs. Call, seconded by Mr. Evans, and unanimously adopted by voice vote, to approve the minutes of September 7, 1993 as submitted. Mr. Squires, Comptroller, reported on a constitutional amendment which will appear on the November ballot. Amendment No. one will specifically affect Tompkins County. It changes the amount of archaic provisions in the constitution which makes New York State unique. It will allow the ability to finance capital improvements using low level debt service such as home mortgages. Amendment No. two affects local governments with sewer debts. This amendment extends the exclusion for another ten years. Chairman Watros presented a proclamation to Brian Wilbur, Ithaca City Fire Chief, declaring the week of October 3 - 9, 1993 as Fire Prevention Week in Tompkins County. Chairman Watros presented a proclamation to Aurora Valenti, Tompkins County Clerk, declaring the week of October 10-16, 1993 as Archives Week in Tompkins County. Under privilege of the floor, Margaret Kirchgessner, Human Rights Commission employee, stated that she has been out of work from her position since June 23 due to multiple chemical sensitivities. She thanked Board members for attending a meeting held today on this issue with Dr. Wolfson and Greg Siwinski. Ms. Kirchgessner requested that she be allowed to work from her home and that a policy be developed to accommodate employees and members of the public who are affected by chemical barriers. Under privilege of the floor, Yvonne Bartlett, Depaitnient of Social Services employee, thanked members of the Board for attending a meeting held today to discuss the air quality situation at the Biggs complex. Ms. Bartlett apologized for anger expressed at the last Board meeting and hopes that the employees and administrators can work together towards a resolve to the situation. She stated that she is willing to share any information she has on the subject with any member of the Board. Under privilege of the floor, Margaret Marks, Department of Social Services employee, stated that she appreciates Board members for attending the meeting held today to discuss the air quality situation at the Biggs complex. Ms. Marks requested that the workman's compensation of the affected employees not be controverted any longer. Under privilege of the floor, Claudia Cinquanti, Department of Social Services employee, stated that on August 13, 1993 she and Sharon Prezioso addressed a letter to Mary Pat Dolan, Commissioner of Social Services, requesting a written response by August 23 to a request to be relocated to a safe working environment so that they would be able to return to work. She stated that to date no response has been received. Under privilege of the floor, Sharon Prezioso McLaughlin, Department of Social Services employee, submitted a pack of information she received from the State Attorney General's Office entitled "Carpets and Indoor Air: What You Should Know". 250 October 5, 1993 Under privilege of the floor, Mel Bartlett, Interlaken, New York, also thanked members of the Board for attending the meeting held today to discuss air quality in the Biggs building. He stated that he appreciates the time the Board has taken to listen and try to understand the problems of the employees who are diagnosed with multiple chemical sensitivities and their families. He stated that it has taken seven months but sees a common goal trying to be reached. Under privilege of the floor, Stuart Stein, Representative, District No. 1, stated that he was unable to attend the meeting of the Chamber of Commerce on September 30. He said he was informed that there were a number of recommendations made and a report distributed. He suggested that the Board make a formal response to the report. Under privilege of the floor, Ms. Mink, Chair, Human Services Committee, stated that the meeting held today was extremely productive and asked that an update be given to the Board at this time. James Kazda, Senior Civil Engineer, Public Works Depaitment, apologized for the space not being available by now and stated that there have been delays in receiving necessary equipment. Mr. Kazda stated that all repairs that have been requested by Mr. Siwinski and July Crawford, Certified Industrial Hygienst, have been completed. He responded to questions raised at the last Board meeting concerning ventilation code compliance and stated that the building is required to have either mechanical or natural ventilation. The Biggs building has both, therefore, the building is in compliance. He also reported that required occupancy modifications were made to the building. James Hanson, Planning Commissioner, stated that his Depattnient was asked this summer to look at the space study done by the Depaitment a number of years ago. He stated that as well as looking at that study, the Department has been developing possible alternatives to the current Biggs site. He stated that there are a number of sites that have been reviewed and cost comparisons are being looked at. Mr. Hanson stated that specific details would be an item to be discussed in executive session. Mr. Lerner asked what the cost would be to make the existing Biggs A building useable and a safe working place without continuing health problems. Mr. Kazda stated that what was presented in the capital program was a project believed appropriate for the building. That project amounts to approximately $6.4 million. He stated that the ventilation component contained in that project as not been separated but could be if the Board wished. Chairman Watros asked if the size of the building was studied. Mr. Hanson stated that the size including all of the existing tenants was studied. Mr. Watros also asked if a proposal on the disposition of Biggs A would be prepared and if the impact on Tompkins Community Hospital has been looked at. Mr. Watros requested the Planning Committee come back to the Board with a report which includes the existing proposal, the points made relative to the disposition thereof, and have this information in a rough form. If it is appropriate at that time, an executive session can be held to discuss specific sites. Under privilege of the floor, Mr. Joseph, Representative, District No. 12, spoke concerning E911 and stated that he has been asked by his constituents why inadvertent 911 calls can not be diverted to an answering point in Tompkins County rather than an operator. It is his understanding that the Trumansburg Telephone Company does forward these calls but that New York Telephone has chosen not to. Mr. Mason, Chairman, Public Safety Committee, stated that the Trumansburg Telephone Company has shown that this can be done and it works out well. He also stated that there are several issues that need to be resolved with telephone companies and that public education on this subject needs to improve. Chairman Watros spoke concerning the Tompkins County Human Resource Study conducted and prepared by the County Tax Committee of the Chamber of Commerce. Mr. Watros stated that he would like specific committees to pursue the following: 251 October 5, 1993 1. Personnel Committee - to review health care costs and prescription drug co -pay and deductibles 2. Health and Education Committee - to review home health aid policy of the Health Department relative to the agencies who give the service and the alleged excessive costs and quality of care 3. Fiscal Affairs and Budget and Administration Committees - to review organizational structure of County government Mr. Watros stated that he would leave the remainder of the document for consideration by any individual of the Board. Mr. Watros stated that it was important to recognize those individuals who worked on this report. Chairman Watros declared recess at 6:48 p.m. The meeting reconvened at 6:50 p.m. It was Moved by Mr. Proto, seconded by Mrs. Call, and unanimously adopted by voice vote, to enter into executive session at 6:50 p.m. to discuss contract negotiations, appointments and a personnel matter. The meeting returned to open session at 8:08 p.m. Mr. Evans, Chairman, Personnel Committee, reported that contract negotiations are continuing. Mr. Proto, Chairman, Health and Education Committee, reported that the Committee has met to review departmental budget requests and requests have exceeded guidelines by $80,000. The Planned Parenthood African American Study was received and a copy is on file in the Board office. The next Committee meeting will be October 26. Ms. Mink, Chair, Human Services Committee, reported that initial departmental budget reviews were held this morning. The second budget review is scheduled for November 2. Mr. Mason, Chairman, Public Safety Committee, reported effective September 30 New York State Police assigned another officer to the satellite office at Biggs to increase coverage on the west side of the County. The Committee will meet October 7 at noon for a brief Committee meeting and to review departmental budgets. Mr. Stein, Chairman, Planning Committee, reported that the Committee will meet October 7 at 9 a.m. to review depai tmental budgets. Mr. Winch, Chairman, Public Works and Construction Management Committee, reported that the Committee reviewed capital projects. He updated the Board on the status of construction of the New Airport Terminal. Mr. Todd, Chairman, Fiscal Affairs Committee, reported the Committee will meet October 13 at 9:30 a.m. He stated that the Committee has been discussing the resolution on the agenda entitled Establishment of the Tompkins County Leadership Council and Commitment to an Organizational Change Initiative to Improve the Efficiency, Effectiveness and Quality of County Services. Mr. Lerner, Chairman, Solid Waste and Resource Management Committee, reported that he expects a committee of the whole meeting will be held November 16 to discuss the Solid Waste budget. Mrs. Livesay, Intergovernmental Representative, reported that there is a meeting October 14 at Cooperative Extension concerning cable rates and asked that Board members inform municipalities. She also reported that she continues to work on negotiations with the Office of State Parks. 252 October 5, 1993 Mrs. Call, Chair, Budget and Administration Committee, stated that the next Committee meeting will be October 12 at 5 p.m. Mr. Heyman, County Administrator, commented on the Human Resources Study prepared by the Chamber of Commerce. He reported that the projected increases in mandated costs total approximately $2.2 million. Mr. Mulvey, County Attorney, stated that the monthly report on activities undertaken by the County Attorney's office has been submitted. Chairman Watros gave Mrs. Call, Chairman, Public Works and Construction Management Committee, permission to withdraw from the agenda the resolution entitled Authorization to Execute Purchase Agreement and Quit Claim Deed, Town of Dryden Tax Map Parcel 59-14-36.1. It was Moved by Mr. Winch, seconded by Mr. Stein, and unanimously adopted by voice vote, to withdraw from the agenda the following resolutions with final committee action being affirmed: CA093-93 - Authorization to Execute Consultant Contract - Council for Physical Fitness and Health in Tompkins County - Healthy Heart Program CA094-93 - Acceptance of Funds, Authorization to Execute Contract, Budget Adjustment - "89- 313" Funds CA095-93 - Authorization for Contract with Superior Disposal Service Inc., for Collection of Recyclables at Tompkins County Airport RESOLUTION NO. 267 - AUTHORIZATION TO EXECUTE A COMMERCIAL AND INDUSTRIAL HIGH EFFICIENCY RETROFIT PROGRAM AGREEMENT - TOMPKINS COUNTY PUBLIC LIBRARY Moved by Mr. Winch, seconded by Mr. Culligan, and unanimously adopted by voice vote. WHEREAS, New York State Electric and Gas (NYSEG) has undertaken the development and implementation of a Commercial and Industrial High Efficiency Retrofit Program to enable its nonresidential customers to reduce their electrical energy costs, and WHEREAS, NYSEG and the County of Tompkins desire to enter into an agreement to share the cost of implementing the Program at the Tompkins County Library for the purpose of enabling the County of Tompkins to reduce its energy usage. The County's $57,924 share of $113,376 will be paid as a monthly surcharge to the Library's electric bill and should be directly offset by the energy savings, now therefore be it RESOLVED, on recommendation of the Public Works and Construction Management Committee, That the Board of Representatives of the County of Tompkins does hereby authorize the County Administrator to execute a Commercial and Industrial High Energy Retrofit Program Agreement for the Tompkins County Public Library. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 268 - ESTABLISHMENT OF THE TOMPKINS COUNTY LEADERSHIP COUNCIL AND COMMITMENT TO AN ORGANIZATIONAL CHANGE INITIATIVE TO IMPROVE THE EFFICIENCY, EFFECTIVENESS AND QUALITY OF COUNTY SERVICES (Adopted November 16, 1993) 253 October 5, 1993 Moved by Mrs. Call, seconded by Mr. Todd. Mr. Todd said the Fiscal Affairs Committee discussed this at length. He encouraged Board members to read the packet of material attached to the agenda concerning the resolution. Ms. Zahler, Youth Bureau Director, described the information dispersed to Board members. She said the responsibility of the Leadership Council is to establish procedures to make this an organization that is driven by planning, clear priorities for budgeting and that has staff who know what those plans are and see clearly how there particular job is crucial for making those County and department goals a reality. She described three parts: long-range planning for setting priorities, staff development and training, and service improvement. Mr. Heyman, County Administrator, showed a five minute video tape of a group of Public Works employees from the City of Madison, Wisconsin, who undertook a project to conclude a brush project showing the cost efficiency and service to the public. It was Moved by Mr. Todd, seconded by Mr. Proto, and unanimously adopted by voice vote to Table this resolution to the November 3, 1993 Board meeting. RESOLUTION NO. 269 - RESOLUTION OF RESPECT - EDWIN L. CRAWFORD Moved by Mr. Culligan and unanimously seconded and adopted by voice vote. WHEREAS, Edwin L. Crawford passed away, September 27, 1993, and WHEREAS, Mr. Crawford served the Town of Vestal and the County of Broome as Town Supervisor and County Executive, and WHEREAS, being elected to the Supervisor and County Executive positions Mr. Crawford acquired local grass roots knowledge of the needs of citizens in communities of Upstate New York, and WHEREAS, he also served as President of the New York State County Government Association and as President of the National Council of Elected County Executives in the years 1974 to 1976, and WHEREAS, Mr. Crawford was appointed in 1977 to become the Executive Director of the New York State Association of Counties, and WHEREAS, the efforts of Mr. Crawford were always directed towards the betterment of local government in the counties of New York State, and WHEREAS, Edwin L. Crawford gave untiringly of his working days to fulfill the lobbying work and staff leadership needed to enhance village, town, city and county governments, now therefore be it RESOLVED, unanimously by the Tompkins County Board of Representatives, That the members on behalf of the citizens of the County thereof express their deep sympathy and most sincere condolences to the family of Mr. Edwin L. Crawford, RESOLVED, further, That the Clerk of the Board forward certified copies of this resolution to the family of Mr. Edwin L. Crawford. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) It was Moved by Mr. Evans, seconded by Mr. Lerner, and unanimously adopted by voice vote, to appoint Nicholas Wharton to the Tompkins Cortland Community College Board of Trustee for a term expiring June 30, 1998. On motion, the meeting adjourned at 8:58 p.m. 254 October 19, 1993 Regular Meeting Chairman Watros called the meeting to order at 5:30 p.m. Members and guests participated in the Pledge of Allegiance. Present: 14 Representatives. Excused: 1 (Representative Schuler). It was Moved by Mr. Proto, seconded by Mr. Evans, and unanimously adopted by voice vote by members present, to approve the minutes of the September 21, 1993 and October 5, 1993 meetings as submitted. Under privilege of the floor, James Ellis, Department of Social Services Employee, said he is a disabled employee by Biggs Building A and allegedly has "sick building syndrome". He asked about the status of the safe room and would like to know when he can return to work. Under privilege of the floor, Yvonne Bartlett, Interlaken resident and Department of Social Services Employee and allegedly has "sick building syndrome", said she would be put up in a shelter tonight because she has no electricity, fuel oil or income. She said she is not eligible to receive help from Seneca County. She also said her immunizations have increased and was notified by Blue Cross/Blue Shield that she is no longer able to use her prescription card. She expressed her frustration about being unable to receive public assistance services. Under privilege of the floor, Sharon Prezioso, Department of Social Services Employee and allegedly has "sick building syndrome", submitted a statement detailing her experience with an appointment for an exam with the State Insurance Fund Doctor. She asked that her rights and privileges guaranteed in the United States Constitution be reinstated in Tompkins County. She also asked that reports be filed stating any health problems or injuries be reported to the officer to which that department head has been appointed by. Under privilege of the floor, Mr. Taraszkiewicz, Hanshaw Road, submitted petitions to the Board of Representatives protesting the imposition of the Annual Solid Waste Fee. He believes the fee is an unreasonable tax in that it is not based on the amount of waste or recyclables produced by the subject properties and it is an unfair and unconstitutional imposition on the taxpayers of this County. He also believes the fee to be an unreasonable burden on business and property owners. The petition urges the Tompkins County Board of Representatives to repeal the law. Under privilege of the floor, James Crawford, Candidate for the Board, District No. 14, said he has a statement signed by some of the candidates running for the Board asking for reconsideration of the proposed Solid Waste and Recycling Center. The statement also states that the signed parties feel the public deserves a thorough examination of the project and solid waste policies. He said his central purpose for being here is he feels the public has not been convinced or persuaded that the solid waste and recycling plan is cost effective. The following is a list of questions he asked: 1) What would be the cost in delaying the final approval of the recycling center to the first of the year and is that a reasonable price to pay to earn the public's confidence and trust? 2) When is construction expected to begin, and would giving the newly seated Board members a chance to examine the merits of current plans necessarily involve a construction delay, costs or penalties? 3) What would be the effect of flow control being struck down by the Supreme Court and has the public been apprised of the cost consequences? 4) What is the guiding purpose of the recycling programs --is it cost -avoidance which would lead to the lowest possible costs for residents, or are there other purposes which compete with cost- effectiveness? 255 October 19, 1993 5) What is the justification for the cost of the observation platform? Why would a videotape of the facility not suffice for school uses, and how could anything which cannot be discerned from outside the facility be of concern to the neighborhood? 6) Would striking the observation platform be a step the Board is willing to take to reestablish the public's confidence? Under privilege of the floor, Gerry Angel, 1223 Trumansburg Road and Candidate for the Board, spoke about the "Tompkins County Resource Study" conducted by the County Tax Committee. He commended the people who prepared this document. He feels this is an important project and asked that the Leadership Council be tabled to the first of the year. Under privilege of the floor, Tammy Andrews, Neighbor of Yvonne Bartlett, said when she got to know Yvonne, she got to see the illness: "sick building syndrome". She said the illness is incomprehensible because we do not live with it. She feels it is time to do something and support Ms. Bartlett and her family. Under privilege of the floor, Mr. Lerner, Representative, District No. 1, responded to some of the questions asked by Mr. Crawford. He addressed the impact of the Supreme Court overturning flow control. He said Tompkins County would have a serious problem to solve but it would be worse without the recycling center. Flow control helps to finance the solid waste program in the fairest way. Mr. Lerner addressed the question of whether sufficient explanations to the public of the rationale for the recycling center have been thoroughly explained. Mr. Lerner stated that a major effort has been made this year to document what the need for the recycling center is and the economic rationale is. Mr. Lerner said a proposed document of a six year projection of the entire solid waste budget with the recycling center included will be available in the next couple weeks. He said he is hoping for a parallel document showing the same breakout program by program of what the costs would look like without the recycling center. What it will show is the costs for the overall program will be lower with the recycling center including capital costs than without the center. Mr. Lerner said he could not answer the question at this time of what the cost would be for delaying the recycling center project, but could at a later date. However, he said the Deparnnient of Environmental Conservation (DEC) permits for the temporary facilities will be expiring and if something to replace them is not in place it will create serious problems. He addressed the question of whether the purpose of the center is cost avoidance or whether there are other inconsistent purposes. Mr. Lerner stated that there are other purposes for the facility besides cost avoidance, but there are no purposes that are inconsistent with cost avoidance. This facility is designed to dispose of Tompkins County's waste in the most cost-effective way possible that is consistent with DEC regulations. He also addressed the question about the observation platform. The primary reason the observation platform is included is because the neighbors of the facility wanted to be able to view the facility and see for themselves that it is being operated in a clean, safe and responsible way. It is a fringe benefit to accommodate school children and tourists. He also reiterated that more than half of the cost of the observation platform is the cost of the handicap access elevator mandated by federal law. He also answered the question which has been asked several times --why not regionalize the solid waste program? Mr. Lerner said wherever it is practicable, regionalizing is being done. However, two factors to keep in mind: 1) a tremendous amount of the cost of the solid waste program is transportation; in the proposed 1994 budget over $2 million is budgeted for trucking costs; and 2) the surrounding counties have a relatively small population in terms of waste stream and transportation costs would have to be considered to access the facilities of the next tier of counties consisting of Binghamton, Rochester, Syracuse, etc. Mr. Lerner also reiterated that DEC regulates how solid waste is disposed throughout New York State. Until the Hillview Road Landfill was closed, Tompkins County was disposing garbage for about $5 per ton. Now garbage is disposed of by a lowest bid process for transportation and tipping and the lowest bid for a DEC permitted facility is about $70 per ton. Anything the County can do to dispose of solid waste through recycling, composting, and waste reduction brings the cost down. The County is trying to plan and develop a long-term program and for the next 20 years bring the cost down. 256 October 19, 1993 A lengthy discussion followed regarding the observation platform. Mr. Evans said the request for the observation platform came from the Neighborhood Advisory Committee for the Central Processing Facility. Mrs. Livesay stated there are many issues to consider when dealing with solid waste such as the Solid Waste Management Plan, illegal dumping, open burning, etc. She also addressed the costs for studying proposals. Mr. Stein reminded the Board that at the time the Board was considering the observation platform, Mr. Vaughan, Chairman of the Neighborhood Advisory Committee for the Central Processing Facility, made a strong presentation and a plea to the Board to vote in favor of the observation platform. Mr. Stein said if the Board proceeds with the consideration of eliminating the observation platform then Mr. Vaughan should be invited to a Board meeting to make another presentation. Mr. Proto stated he would like to have Mr. Vaughan attend a Board meeting. Mr. Stein said he would take the responsibility to invite Mr. Vaughan to a meeting to make comments under privilege of the floor. Under privilege of the floor, Ms. Mink, Representative, District No. 5, asked for a report on the status of the "safe" space in the Biggs Building. Ms. Mink stated at the last Board meeting some questions were raised which involved personnel matters (discussion took place in executive session) specifically health insurance. Mr. Heyman, County Administrator, said the answers pertaining to health insurance were unavailable at this time. He said all the equipment has been installed in the "safe room" and is being tuned up. Certain tests need to be performed. The target date is October 25. Complainants will be informed and will be able to contact their physicians about the completed work and receive permission to return to work. Mr. Mulvey, County Attorney, spoke about the County paying the health insurance for the employees with "sick building syndrome" allegedly caused by the Biggs Building. He said the County would have to enact a policy and it would have to be negotiated with the union. He advised the County cannot target a group of employees. Mr. Evans, Representative, District No. 13, said he asked Anita Fitzpatrick, Personnel Commissioner, to provide the Board with the costs of providing full health insurance benefits for employees on leave due to illness. Mr. Joseph, Representative, District No. 12, said that Blue Cross/Blue Shield has stated they are not responsible for the bills because people are applying for Workmen's Compensation and therefore Workmen's Compensation is responsible for the bills and the people should be not be using the Blue Cross/Blue Shield cards. Mr. Heyman said he will have the Benefits Manager review this. Mr. Culligan, Representative, District No. 2, expressed his concern about televising committee meetings. He said it costs $71 for each committee meeting. He said he would like this decision rescinded and asked the Public Information Committee to review it. Cheryl Nelson, Employee Council Chairman, introduced members of the Executive Committee: Hiroshi Takashima and Barbara Karaviotis and also introduced Leighann Baldwin, Employee Council Secretary. She said a list of County conference rooms, the capacity of each room, and contact person and telephone numbers will be available. She said the annual report was dispersed. She also said a revised policy on public statements is being prepared by the task force. She reported on a resolution passed by the Council requesting a building occupant survey be done in each building regarding employee/environmental health. The resolution also requests that a "work at home" policy for employees be created. The resolution was forwarded to the County's Safety Committee. She also reported on a recent bus trip to a Buffalo Bills Football game. The trip was very successful. Mr. Proto, Chairman of the Health and Education Committee, said the committee will be meeting October 26. The committee will review budget changes, if any, and make a final recommendation following regular business. He updated the Board on the activities of the Board of Health. He said the 257 October 19, 1993 nursing segment received an applaud on a recent audit. Ninety-four percent of two to three year olds are immunized. PCAP (Prenatal Care Assistance Program) also received recognition from the State auditor. For the first time Children with Special Care Needs has reported that nine children have been discharged since July. Mr. Evans, Chairman of the Personnel Committee, said the committee has met several times. The committee discussed questions relative to health insurance and Workmen's Compensation pertaining to the employees with "sick building syndrome" allegedly caused by the Biggs building. Three rounds of negotiations have been completed with the blue and white collar units. He said he would like to discuss at the appropriate time negotiations in executive session. The next meeting is October 28 at 8 a.m. Ms. Mink, Chair, Human Services Committee, said the next committee meeting is November 2 at 10 a.m. and will complete budget reviews at that time. Mr. Mason, Chairman, Public Safety Committee, said the committee has also completed budget reviews except the Sheriffs. The committee will meet November 1 to conclude budget reviews. Mr. Stein, Chairman of the Planning Committee, said the committee met October 7. The committee began budget reviews and will meet again October 21 to complete budget reviews and will receive a presentation on the Biggs study. The Board will receive a presentation on the Biggs study at the following Board meeting. Mr. Winch, Chairman, Public Works and Construction Management Committee, said the committee met and began budget reviews. He announced that the County received $34,600 for the emergency snow plowing assistance provided through the Federal Emergency Management Agency. This emergency was declared as a result of the 1993 blizzard. He updated the Board on the asbestos situation at the Tompkins County Public Library. The Library was temporarily closed until air testing of materials was performed. The results of the tests were negative and the Library reopened. He updated the Board on the budget situation for Buildings and Grounds. The Department is experiencing a shortfall as a result of rented space to the Economic Opportunity Corporation, Tompkins County Employee Day Care Center, Tompkins County Employee Federal Credit Union, New York State Police, and Ithaca Town Court. He said he feels the Board needs to reexamine the current policy to provide revenue for maintaining Buildings and Grounds. The County is not charging for the utilities, cleaning, etc. of this space and it costs $173,000 annually. Mr. Todd, Chairman of the Fiscal Affairs Committee, said the committee met October 13. He said he expects to take action on the material distributed at the previous Board meeting on the proposed reorganization plan sometimes referred to as "Total Quality Management" in November. He recommended the Board think about the question raised by Gerry Angel under privilege of the floor about postponing action on creating a leadership council until a new Board is seated in 1994. He said he invited Hon. Ronald Dougherty, Chairman of the Tioga County Legislature, to the next committee meeting to discuss the Council on Government Program. Mr. Lerner, Chairman of the Solid Waste and Resource Management Committee, said the committee met briefly before the Board meeting and approved the resolutions to accept the draft Generic Environmental Impact Statement and set a public hearing for the Solid Waste Management Plan. The next meeting is October 28 at 11 a.m. He said on November 16 he will be requesting a committee -of -the - whole to review the solid waste budget. Mrs. Livesay, Intergovernmental Representative, updated the Board on the Cable Commission meeting held October 14 at Cooperative Extension. A staff person from the New York State Cable Commission was present to discuss cable franchising. She'said she would be pursuing the subject. 258 October 19, 1993 Mrs. Call, Chairman, Budget and Administration Committee, said the committee met October 12 and most of the business is reflected on the agenda. The committee discussed the Financial Disclosure Form policy. The committee discussed the appeal of the Department of Social Services' furniture and upheld the Purchasing Depaitment's decision not to rebid. The committee directed the Human Services Committee to review this since it is the first time to bid used furniture. Some clarifications can be made in the policy about the bid. The budget reviews have been scheduled. She also spoke about the memorandum from David Squires, Comptroller, concerning the third quarter financial report. Mr. Heyman, County Administrator, reported on the meeting with Department Heads concerning the proposed reorganization plan for Tompkins County. Mr. Mulvey, County Attorney, said he did not have a report. On motion of the appropriate committee chairman and duly seconded and unanimously adopted by voice vote by members present, the following resolutions were added to the agenda: - Authorization to Execute Purchase Agreement and Quit Claim Deed, Town of Dryden Tax Map Parcel 59-1-36.1 - Authorization to Execute Purchase Agreement and Deed It was Moved by Mr. Winch, seconded by Ms. Mink, and unanimously adopted by voice vote by members present, to withdraw the following resolution with final committee action being affirmed: CA096-93 - Authorization to Contract with the New York State Department of Social Services, Tompkins Cortland Community College (TC3) and Budget Adjustment - Depaitnient of Social Services CA097-93 - Reclassification of Position - Account Clerk Typist to Senior Account Clerk Typist - Probation Department RESOLUTION NO. 270 - ACCEPTING THE DRAFT GENERIC ENVIRONMENTAL IMPACT STATEMENT FOR THE TOMPKINS COUNTY SOLID WASTE MANAGEMENT PLAN Moved by Mr. Lerner, seconded by Mr. Evans. Mrs. Livesay commended the Solid Waste Division staff for their work in preparing the Solid Waste Management Plan. A voice vote resulted as follows: Ayes - 14, Noes - 0, Excused - 1 (Representative Schuler). Adopted. WHEREAS, the County of Tompkins is the lead agency under the New York State Environmental Quality Review Act ("SEQRA") for the adoption of a Solid Waste Management Plan for Tompkins County, and WHEREAS, a Draft Generic Environmental Impact Statement ("DGEIS") on the County's Solid Waste Management Plan was presented to the Board of Representatives, and WHEREAS, the Board of Representatives have reviewed the DGEIS for the Solid Waste Management Plan, and WHEREAS, pursuant to SEQRA it is the responsibility of the lead agency to file a Notice of Completion of the DGEIS and to provide a public comments period, to be not less than thirty (30) days from the first filing of the Circulation of Notice of Completion and to hold one or more public hearings to receive public comment on the DGEIS if it deems such a public hearing is appropriate, now therefore be it RESOLVED, on recommendation of the Solid Waste and Resource Management Committee, That this Board finds the DGEIS to be satisfactory with respect to its scope, content and adequacy for the purpose of commencing public review, 259 October 19, 1993 RESOLVED, further, That the Chairman of the Board of the Tompkins County Board of Representatives is authorized to file a Notice of Completion of the DGEIS and to cause a public hearing(s) for the purpose of accepting public comment on the DGEIS until ten calendar days following such public hearing, to publish such notices as may be necessary or desirable and to prepare and present to the Tompkins County Board of Representatives a Final Generic Environmental Impact Statement and to take all other actions as may be necessary or desirable to assure the County's compliance with SEQRA in connection with the adoption of the County's Solid Waste Management Plan. SEQR ACTION: TYPE I OR UNLISTED (DETERMINATIONS OR FINDINGS INCLUDED HEREIN) RESOLUTION NO. 271 - SETTING THE DATE FOR A PUBLIC HEARING ON THE DRAFT GENERIC ENVIRONMENTAL IMPACT STATEMENT FOR THE TOMPKINS COUNTY SOLID WASTE MANAGEMENT PLAN Moved by Mr. Lerner, seconded by Mrs. Livesay, and unanimously adopted by voice vote by members present. RESOLVED, on recommendation of the Solid Waste and Resource Management Committee, That this Board .of Representatives shall hold a Public Hearing on a Draft Generic Environmental Impact Statement, at the Holiday Inn, 222 South Cayuga Street, Ithaca, New York, on November 9, 1993 at 7:30 p.m., RESOLVED, further, That the Clerk of the Board of Representatives shall duly publish a notice of such Public Hearing containing the statements required by law. SEQR ACTION: TYPE I OR UNLISTED (DETERMINATIONS OR FINDINGS INCLUDED HEREIN) RESOLUTION NO. 272 - AUDIT OF FINAL PAYMENT - OLD JAIL RENOVATION - EDWARD JOY COMPANY Moved by Mr. Winch, seconded by Mr. Todd. A short roll call vote resulted as follows: Ayes - 14, Noes - 0, Excused - 1 (Representative Schuler). Adopted. RESOLVED, on recommendation of the Public Works and Construction Management Committee, That the following claim against the County of Tompkins, be and hereby is audited by the Board of Representatives: Vendor Payment Request Account No. Amount Edward Joy Company 11 (Final) HV3151.9239 3,304.65 RESOLVED, further, That the Comptroller be and hereby is authorized and directed to pay said claim from Account No. HV3151.9239., SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 273 - CORRECTION OF TAX ROLL TOWN OF LANSING (WESTERN UNION) Moved by Mrs. Call, seconded by Mr. Todd, and unanimously adopted by voice vote by members present. 260 October 19, 1993 WHEREAS, this Board is informed that an error has been made in the 1993 Tax Roll for the Town of Lansing, namely Parcel 648.8-6-1, assessed to Western Union, was erroneously charged for real property which had been previously removed, now therefore be it RESOLVED, on recommendation of the Budget and Administration Committee, That the entry on the Tax Roll be corrected, RESOLVED, further, That the total tax be corrected from $53.99 to $0, RESOLVED, further, That the Budget and Finance Office is directed to correct the Tax Roll, RESOLVED, further, That the amount of $53.99 be charged back: $10.82 to the County of Tompkins; $3.69 to the Town of Lansing; $39.48 to the Lansing School District. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 274 - UNPAID SOLID WASTE ANNUAL FEE Moved by Mrs. Call, seconded by Mr. Lerner. A voice vote resulted as follows: Ayes - 13, Noes - 1 (Representative Shurtleff), Excused - 1 (Representative Schuler). Adopted. RESOLVED, on recommendation of the Budget and Administration Committee, That the Director of Assessment of the County be and hereby is authorized and directed to add to the respective 1994 tax rolls the amount of the uncollected Solid Waste Annual Fee remaining unpaid in the Budget and Finance Office and have not been heretofore relevied on town tax rolls, and that said Solid Waste Annual Fee be reassessed and relevied on town tax rolls as they are listed on the unpaid list in the Budget and Finance Office, and that said returned Solid Waste Annual Fee be reassessed and relevied upon the lots and parcels so returned with 12.0 annual interest in addition thereto. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 275 - INCREASE IN HOURS - HEALTH AND SAFETY COORDINATOR AND SECRETARY - HEALTH DEPARTMENT Moved by Mrs. Call, seconded by Mr. Proto, and unanimously adopted by voice vote by members present. WHEREAS, additional time is needed for the Health and Safety Coordinator to complete the required projects and for the Secretary to provide clerical support to the Health and Safety Coordinator, now therefore be it RESOLVED, on recommendation of the Health and Education and Budget and Administration Committees, That the positions of Health and Safety Coordinator (84/297) and Secretary (09/671), labor grade I (09), be increased to forty (40) hours per week effective November 1, 1993, RESOLVED, further, That the Comptroller is hereby authorized and directed to make the following budget transfer and adjustment on his books: From: A4013.1297 Health and Safety Coordinator $323 A1989.4463 Risk Management $445 To: A4013.1671 Secretary $449 A4013.8860 Health Insurance $319 Appropriation: A4013.1671 Secretary $ 83 Revenue: A4013.3401 Public Health Work $ 83 SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) 261 RESOLUTION NO. 276 October 19, 1993 ENDORSEMENT OF PROPOSED CONSTITUTIONAL AMENDMENT PROVIDING LOCAL GOVERNMENTS WITH THE AUTHORITY TO CONTRACT INDEBTEDNESS MORE EFFECTIVELY FOR FUTURE CAPITAL IMPROVEMENT REQUIREMENTS Moved by Mrs. Call, seconded by Mr. Evans, and unanimously adopted by voice vote by members present. WHEREAS, two "Blue -Ribbon Commissions" have been impaneled, one by the Governor and one by the State Comptroller, in the interest of studying existing constitutional restrictions on the issuance of local governmental debt and making recommendations, and WHEREAS, both commissions proposed two constitutional amendments, the first would amend various provisions of Article 8, Section 2 of the State Constitution to provide, as an alternative to the so- called 50 percent rule method of amortizing principal of indebtedness, a level debt service method of amortizing both principal and interest on indebtedness; and secondly, a proposed constitutional amendment which would extend, for another ten-year period, the exclusion of sanitary sewer debt from the constitutional debt limitation of local government, and WHEREAS, both constitutional amendments have passed the last two separately -elected State Legislatures, and now must be approved by the voters of the State of New York this November 2, 1993, and WHEREAS, the passage of the two constitutional amendments disclosed herein would provide local governments with the authority to determine the most affordable and cost effective manner of financing capital improvements on behalf of their specific constituencies in each instance, now therefore be it RESOLVED, on recommendation of the Budget and Administration Committee, That the Tompkins County Board of Representatives hereby endorses, and recommends approval of both of the aforementioned constitutional amendments, in the interest of providing local governments with the home - rule authority to contract indebtedness more effectively for future capital improvement requirements. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 277 - AUTHORIZATION TO INCREASE 1994 FISCAL TARGETS Moved by Mrs. Call, seconded by Mr. Proto, and unanimously adopted by voice present. RESOLVED, on recommendation of the Budget and Administration Committee, Targets are to be adjusted as follows: 1. Resolution 38 (2/16/93) OAR A6310.4597 Bail Program Enhancement, including substance abuse treatment referrals. Increase 1993 basis for 1994 Fiscal Target by $12,600. 2. Resolution 122 (4/20/93) NEWFIELD LIBRARY A7410.4521 Installation of a DYNIX System. Increase 1993 basis for 1994 Fiscal Target by $3,000. 3. Resolution 126 (4/20/93) HUMAN RIGHTS COMMISSION A8040.4466 - $300 In-service retreat for members of the Human Rights Commission. 262 vote by members That 1994 Fiscal October 19, 1993 Increase - 1993 basis for 1994 Fiscal Target. 4. Resolution CA064 (6/15/93) DISTRICT ATTORNEY A1165.4442/.4483 DNA testing and witness fees - $25,500 No increase - 1993 basis for 1994 Fiscal Target. 5. LIBRARY INSURANCE COSTS Insurance costs for the County will increases in 1994 by $1,906 as a result of adding the Public Library to the County policy. Since Buildings and Grounds must pay this premium from their budget, target adjustments are needed. Increase 1994 Fiscal Target - BUILDING AND GROUNDS $1,906. Decrease 1994 Fiscal Target - PUBLIC LIBRARY $1,906. 6. BOARD OF ELECTIONS, Administration A1450 Direct payment by Towns has not occurred. Increase 1993 basis for 1994 Fiscal Target by $169,096. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 278 - APPOINTMENT OF ELECTION COMMISSIONER FOR 1994-1995 Moved by Mrs. Call, seconded by Mr. Proto, and unanimously adopted by voice vote by members present. RESOLVED, on recommendation of the Tompkins County Republican Committee and Budget and Administration Committee, That Lee Shurtleff be and hereby is appointed Republican Party Elections Commissioner for the two-year term commencing January 1, 1994 and ending December 31, 1995. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 279 - RETURNED VILLAGE TAXES Moved by Mrs. Call, seconded by Mr. Mason, and unanimously adopted by voice vote by members present. RESOLVED, on recommendation of the Budget and Administration Committee, That the Director of Assessment of the County be and hereby is authorized and directed to add to the respective 1994 tax rolls the amount of the uncollected village taxes returned by the collectors of the various villages to the County Administrator and remaining unpaid and that have not been heretofore relevied on town tax rolls, and that said returned village taxes be reassessed and relevied on town tax rolls as they are returned, and that said returned village taxes be reassessed and relevied upon the lots and parcels so returned with 12.0 percent annual interest in addition thereto. SEQR ACTION: EXEMPT OR TYPE II 263 October 19, 1993 (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 280 - RETURNED SCHOOL TAXES Moved by Mrs. Call, seconded by Mr. Proto, and unanimously adopted by voice vote by members present. RESOLVED, on recommendation of the Budget and Administration Committee, That the Director of Assessment of the County be and hereby is authorized and directed to add to the respective 1994 tax rolls the amount of the uncollected school taxes returned by the collectors of the various districts, exclusive of the City of Ithaca School District, to the County Administrator and remaining unpaid and that have not been heretofore relevied on town tax rolls and that said returned school taxes be reassessed and relevied on town tax rolls as they are returned, and that said school taxes returned in 1993 be reassessed and relevied upon the lots and parcels so returned with 12.0 percent annual interest in addition thereto. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 281 - ADOPTION OF APPORTIONMENT OF TAXES Moved by Mrs. Call, seconded by Mr. Shurtleff, and unanimously adopted by voice vote by members present. RESOLVED, on recommendation of the Budget and Administration Committee, That the report of the Budget and Administration Committee be accepted and adopted and that valuation of real property and franchise for the purposes of general and highway tax levied against the several tax districts of the County be equalized at full value and determined as therein set forth as the basis for the apportionment for such general and highway tax levies for the year 1994, RESOLVED, further, That several amounts therein listed for State tax, County tax for general county purposes, enterprise fund tax and County highway tax for 1994 against the several towns of the County and City of Ithaca be assessed against, levied upon and collected from taxable property of the several towns and City liable therefore. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 282 - ADOPTION OF REGULAR AND SUPPLEMENTAL REPORTS OF FOOTINGS OF ASSESSMENT ROLLS Moved by Mrs. Call, seconded by Mr. Mason, and unanimously adopted by voice vote by members present. RESOLVED, on recommendation of the Budget and Administration Committee, That the regular and supplemental report of the footing of assessment rolls be accepted and the figures therein be used as a basis for the taxation in the several tax districts of the County for the year 1994. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) 264 October 19, 1993 SUPPLEMENTAL REPORT OF THE COMMITTEE ON FOOTING OF ASSESSMENT ROLLS 19 93 TOWNS AND VILLAGES TOTAL REAL ONLY EXCLUSIVE OF ALL EXEMPTIONS -INC. PUBLIC SERVICE TOTAL FRANCHISES REAL PROPERTY AND FRANCHISE SUBJECT TO GENERAL AND HIGHWAY TAX PENSION EXEMPT DRYDEN-DRYDEN VILLAGE -FREEVILLE VILLAGE TOTAL -INSIDE CORP. -OUTSIDE CORP. 60,203,154 1,462,315 61,665,469 1,338,346 12,942,650 506,112 13,448,762 1,268,8.50 73,145,804 1,968,427 75,114,231 2,607,196 408,916,609 4,603,702 413,520,311 29,973,091 -TOTALS 482,062,413 6•,572•,129 488,634,542 32,580.,287 GROTON-GROTON VILLAGE -OUTSIDE CORP. -TOTALS 47,124,147 759,956 47,884,103 1,524,865 78,848,017 1,569,497 80,417,514 5,253,471 125,972,164 2,329,453 128,301,617 6,778,336 ITHACA-CAYUGA HEIGHTS -OUTSIDE CORP. -TOTALS 217,830,320 3,750,899 221,581,219 2,215,680 479,267,223 6,910,772 486,177,995 22,312,935 697,097,543 .10,661,671 707,759,214 24,528,615 LANSING -LANSING VILLAGE -OUTSIDE CORP. -TOTALS • 259,198,942 3,734,680 262,933,622 4,619,205 380,648,086 3,400,446 384,048,532 11,618,462 639,847,028 7,135,126 646,982,154 16,237,667 ULYSSES-TRUMANSBURG -OUTSIDE CORP. .•160,774,304 -TOTALS 52,156,255 1,238,177 53,394,432 945,545 1,729,969 162,504,273 6,416,096 212,930,559 2,968,146 215,898,705 7,361,641 265 October 19, 1993 Report of Committee on Footing of Assessment Rolls Prepared in 19.q1 To the Board of Representatives of Tompkins County, New York Your committee reports that it has verified and corrected the footings of the Assessment Rolls referred to it, as made by the Assessor of Tompkins County and that the following 1s a correct statement of such footings. 1. TAX DISTRICT Acres 2. Full Value of Land Exclusive of Buildings 3. Full Value of Real Property Including Buildings (Prior to Exemption) 4. Pension and Partial Exempt 5. Special Franchise 6. Real Property of Public Service'Corp TONN OF CAROLINE 34,747. TOWN OF CAROLINE 23 447 200 - 88 260 700 4 016 884 1 666 670 3 118 700 TOWN OF DANBY 33,266 115 28 347 300 101 704 900 108 3 730 121 1 190 415 108 9 565 393 1098. OF DRYDEN 58,286 252 112 539 000 713 458 180 600 521 32 580 287 634 .6 572 129 56 462 100 10W58 OF ENFIELD 22,207 311- 27 865 800 200 91 877 300 029 5 058 464 155 207 681 207 743 2 596 700 TOWN OF GROTON 30,725 28 317 500 126 686 900 6 778 336 TOWN OF GROTON 2 329 453 952 6 063 600 TOWN OP ITHACA 16,293 47 163 063 800 80 705 000 310 54 24 528 615 189 10 661 671 16 625 848 TOWN OF LANSING 37,789 759 146 425 600 581 543 683 900 177 16 237 667 811 7. 135 126 099 112 400 795 TOWN OF NEWFIELD 36,997 219 27 620 900 154 120 846 650 622 4 231 753' 532 2 993 432 050 18 913 263 TOWN OF,ULYSSES 19,818 TOWN OF NEWFIELD 65 605 700 345 216 557 300 7 361 641 ' 2 968 146 3 734 900 CITY OF ITHACA 2,940 165 253: 942 900 869 080 800 215 24 611 161. 53 21 . 666 756 162 10 182 218 TOTALS 293,088 080 877 175 700 3 321 879 360 900 129 134 929 318 57 865 005 239 663 517 Dated (109ber 8 19 93 TAX DISTRICT 7. Total Taxable Real and Franchise Subject to Special District Taxe (Total Col. 3-5-6) 8. Real Property and Franchise Subject to GENERAL and RIGNWAY TAXES (Col. 7 less Col. 4) 9. Property Within Incorp. Villages Subject to GENERAL and HIGHWAY TAXES 10. Property Outside ' Incorp. Villages Subject to GENERAL and HIGHWAY TAXES 11. Wholly Exempt 12. Grand Total of Roll TOWN OF CAROLINE 93 046 070 89 029 186 89 029 186 22 130 040 115 176 110 TOWN OF DANBY 112 460 706 108 730 587 108 730 587 9 252 720 121 713 428 TOWN OF DRYDEN 521 214 829 488 634 542 75y114 231 413 520 311- 144 676 200 665 891 029 TOWN OF ENFIELD 95 155 207 90 096 743 90 096 743 9 490 000 104 645 207 TOWN OF GROTON 135 079 952 128 301 617 47 884 103 80 417 514. 54 531 800 189 611 753 TOWN OP ITHACA 732 287 829 707 759 214 221 581 219 486 177 995 684 811 500 1 417 099 329 TOWN OF LANSING 663 219 821 646 982 154 262 933 622 384 048 532 101 596 050 764 815 871 TOWN OF NEWFIELD 142 753 345 138 521 592 ' 138 521 592 22 375 450 165 128 795 TOWN OF ULYSSES 222 260 346 215 898 705 53 394 432 162 504 273', 46 080 000 . 269 340 346 .CITY OF ITHACA 900 929 774 876 318 613 876 318 613 1 176 655 900 2 077 585 674 TOTALS 3 619 407 88j 3 11 490 272 953 111 660 907 607 2 829 365 346, 2 271 599 660 5 891 007 542 266 October 19, 1993 RESOLUTION NO. 283 - RESCISSION OF RESOLUTION NO. 310 OF 1986 Moved by Mrs. Call, seconded by Mr. Culligan, and unanimously adopted by voice vote by members present. WHEREAS, by Resolution No. 310 of 1986 this Board joined the world community in opposing apartheid in South Africa and forbade the investment of County taxpayers dollars in banking institutions that did business with that country, but WHEREAS, Nelson Mandela has requested and the United Nations General Assembly has concurred that the time has come to lift sanctions against South Africa in light of progress toward equal treatment and democracy, now therefore be it RESOLVED, on recommendation of the Budget and Administration Committee, That Resolution No. 310 of 1986 forbidding the investment of County funds in banks that would not attest to the fact that they did not do business with South Africa is hereby rescinded. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 284 - NOTICE OF ELECTION BY TOMPKINS COUNTY TO SECURE WORKER'S COMPENSATION AS A SELF -INSURER Moved by Mrs. Call, seconded by Mr. Evans, and unanimously adopted by voice vote by members present. RESOLVED, on recommendation of the Budget and Administration Committee, That Tompkins County hereby elects to secure Worker's Compensation as a self -insurer effective January 1, 1994, pursuant to subdivision 3 of section 50 of the Worker's Compensation Law of the State of New York, and that the County Comptroller and the County Administrator are authorized to execute all documents necessary to effectuate this change. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 285 - BUDGET ADJUSTMENTS AND APPROPRIATIONS - VARIOUS DEPARTMENTS Moved by Mrs. Call, seconded by Ms. Mink. A short roll call resulted as follows: Ayes - 14, Noes - 0, Excused - 1 (Representative Schuler). Adopted. RESOLVED, on recommendation of the Health and Education, Human Services, Personnel, and Budget and Administration Committees, That the County Comptroller be authorized to make the following budget adjustments and appropriations on his books: BUDGET ADJUSTMENTS Health Revenue: A4013.2770 Unclassified Revenues Appropriation: Youth Bureau Revenue: Appropriation: A4013.3401 A1989.4463 A7020.2705 A7020.4442 Public Health Work State Aid Centrally Distributed Items Gifts/Donations Prof Svcs/Town of Ithaca Prof Svcs/Town of Dryden 267 $(23,334) $ 7,829 $(15,505) $ 1,550 $ 750 500 Office for the Aging Revenue: A6785.3803 Appropriation: A6785.1517 .1529 .1215 .2206 .2210 .2230 .2212 .4302 .4430 .4452 .4472 .8810 .8830 .8840 .8860 .8870 .4465 October 19, 1993 Prof Svcs/Village of Lansing Prof Svcs/Town of Caroline State Revenue Salary Salary Salary Computer Equipment Other Equipment Computer Software Table Supplies Printing Postage Telephone Retirement Social Security Worker's Compensation Health Insurance Unemployment Insurance Job Necessitated Travel and Training Mental Health Revenue: A4314.3488 ICM State Aid Appropriation: A4314.4606 Mental Health Admin. APPROPRIATIONS from 1992 Surplus Comptroller Revenue: A0599.0000 General Fund Balance Appropriation: A9576.4816 Contribution to Construction Personnel Revenue: A0599.0000 Appropriation: A1430.2206 Office for Aging Revenue: A0599.0000 Appropriation: A6772.2206 .2212 General Fund Balance Computer Equipment General Fund Balance Computer Equipment Desks and Tables Administration - Room Tax Revenue: A0593.0000 Room Tax Fund Balance Appropriation: A6475.4504 Chamber of Commerce RESOLVED, further, That the County Administrator be and hereby is necessary contracts to convey these funds. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) 250 50 $ 3,452 $ 1,835 96 77 212 511 21 12 90 30 8 33 70 153 11 221 12 60 $ 1,200 $ 1,200 $ 18,781 $ 18,781 $ 720 $ 720 $ 665 $ 575 90 $ 59,251 $ 59,251 authorized to execute the RESOLUTION NO. 286 - AUTHORIZATION TO EXECUTE PURCHASE AGREEMENT AND DEED 268 October 19, 1993 Moved by Mrs. Call, seconded by Mr. Mason, and unanimously adopted by voice vote by members present. RESOLVED, That the County Administrator is authorized to execute a purchase agreement and deed to convey Town of Enfield Tax Parcels 16-2-5 and 16-2-2.13 to Christopher Muka of Newfield, New York for $6,800. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) It was Moved by Mr. Stein, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, to lift from the Table Resolution No. 251 - Approval of Acceptance of Local Initiative Monies - Six Mile Creek Project. It was Moved by Mr. Stein, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, to Table Resolution No. 251 - Approval of Acceptance of Local Initiative Monies - Six Mile Creek Project to the November 3 Board meeting. (Adopted November 16, 1993) Chairman Watros declared recess at 7:27 p.m. The meeting reconvened at 7:35 p.m. It was Moved by Mrs. Call, seconded by Mr. Evans, and adopted unanimously by voice vote by members present, to hold an executive session to discuss collective bargaining negotiations and real estate negotiations. An executive session was held at 7:35 p.m. and returned to open session at 8:09 p.m. RESOLUTION NO. 287 - AUTHORIZATION TO EXECUTE PURCHASE AGREEMENT AND QUIT CLAIM DEED, TOWN OF DRYDEN TAX MAP PARCEL 59- 1-36.1 Moved by Mrs. Call, seconded by Ms. Mink, and unanimously adopted by voice vote by members present. RESOLVED, That the County Administrator is authorized to execute a purchase agreement and quit claim deed conveying Town of Dryden tax parcel 59-1-36.1, acquired by the County through 1992 tax foreclosure, to Joseph Tilton of 224 Brookside Lane, Newfield, New York for the sum of five thousand ($5,000) dollars, with the appropriate commission to be paid to Patterson Real Estate according to the County's contract with that Agency. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) It was Moved by Mr. Stein, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, to appoint Becky Bilderback to the Tompkins County Planning Board to represent the Town of Caroline for a term which expires December 31, 1996. Chairman Watros appointed Charles Evans, Personnel Committee Chairman and Anita Fitzpatrick, Personnel Commissioner, to serve on the Tompkins Cortland Community College Negotiating Committee. On motion the meeting adjourned at 8:15 p.m. 269 November 3, 1993 Regular Meeting Chairman Watros called the meeting to order at 5:36 p.m. Chairman Watros, on behalf of the Board, extended condolences to Mr. Hugh Hurlburt on the loss of his wife, Lois Hurlbut. Members and guests participated in the Pledge of Allegiance. Present: 14 Representatives. Excused: 1 (Representative Schuler). Under privilege of the floor, Claudia Cinquaniti, Department of Social Services Employee, spoke concerning air quality at Biggs A and expressed frustration at administrators. Under privilege of the floor, Sharon Prezioso McLaughlin, Department of Social Services Employee, spoke concerning air quality at Biggs A. She urged the Board to consider a satellite office. Under privilege of the floor, Yvonne Bartlett, Department of Social Services Employee, spoke concerning air quality at Biggs A. Ms. Bartlett spoke of financial difficulties and expressed frustration at Tompkins County administration. Ms. Bartlett stated that she has not refused any accommodations to return to work. " Under privilege of the floor, Mamie Kirchgessner, Human Rights Commission Employee, spoke concerning air quality at Biggs A. Ms. Kirchgessner stated that she feels the County does not fully understand the disease known as multiple chemical sensitivities. She asked that the Board investigate the possibility of a satellite office to house sick employees to do their work. Under privilege of the floor, Ann Rider, Department of Social Services Employee and Chair of the CSEA Local 855, stated CSEA is eager to join together with the County to work towards total quality management as well as with other policies of the County. Under privilege of the floor, Barbara Mahoney, former Depaitment of Social Services Employee, stated that although she now has another job, she still suffers the effects of multiple chemical sensitivities which she believes she has as a result of working in Biggs A. Ms. Mahoney urged the Board to better inform themselves on the disease. Under Privilege of the floor, Mel Bartlett, husband of Yvonne Bartlett who is a Depaitinent of Social Services Employee, spoke of financial difficulties his family is facing as a result of his wife not working. Mr. Bartlett believes there needs to be better communication within the County. Under privilege of the floor, Henry Vaughan, Chairman, Neighborhood Advisory Committee for the Commercial Avenue Central Processing Facility, spoke concerning the Tompkins County Recycling and Solid Waste Center. Mr. Vaughan stated the following points: 1. The Commercial Avenue site is a high-risk location: He stated a primary concern of the Committee is that the location is a potentially obnoxious facility in a location that is adjacent to some of the most expensive and tax productive properties in the County. 2. Adequate Funding of Maintenance: He stated that one of the biggest concerns of the Committee is ensuring continued adequate funding of the operation and maintenance of the Facility. He stated that the County's original DEIS (Draft Environmental Impact Statement) said that the Facility would be kept clean by hosing it down daily with hot water. The Committee feels that after approvals were received, budgetary pressures caused the daily cleaning to be modified to only daily sweepings. 270 November 3, 1993 3. Private vs. Public Operation: While it appears that the selection of CRInc. is a reasonable choice, the Committee hopes that the contract will contain adequate safeguards for those who must live near the Facility. 4. The "Observation Platform": The Committee feels to ensure its trust that the Facility will in no way harm them, that it is a good idea to operate the proposed Facility in a manner that is continuously exposed to public scrutiny. He also believes that public education about the costs and processes for handling our waste is an important function and this observation area can be used effectively for that purpose. Mr. Vaughan concluded his remarks stating that the businesses located near the Facility pay approximately $250,000 annually in property taxes and generate about one-third of the County's sales taxes. If the Facility adversely impacts these businesses, the cost to the County would greatly exceed any savings that County may realize by eliminating that feature. Mrs. Livesay stated that the change in the cleaning of the Facility was not a result of budget pressures. She stated that the dry sweepings will be done as a safety measure. Ms. Mink, Chair, Human Services Committee, on behalf of members of the Board, expressed the sympathy and feeling members of the Board have for those who are out of work. She stated that there are many efforts being made behind the scenes and it is the intention of the Board to return employees to work. James Kazda, Senior Civil Engineer for the Public Works Department, stated that he participated in a walk through of the accommodation space at the Biggs building with Fred Thomas Associates, Greg Siwinski, and staff. Mr. Kazda stated that equipment has been installed and is properly functioning. Other minor modifications requested by Mr. Siwinski to be made to the room and surrounding areas of the building are: insulate windows in the office, remove air conditioner, undercut the door to the office to provide circulation and put final connections on a water cooler located outside the office. He stated that these modifications are expected to be completed by the end of the week. At this point a meeting is to be planned with Mr. Siwinski and employees to see if they are ready to return to the space on Monday. Mr. Stein, Chairman, Planning Committee, stated that that the air quality problem in the Biggs A building is a serious and complex issue. He stated that the Public Works and Construction Management Committee has approved $6.4 million to bring the Biggs A Building heating and ventilation systems up to standard first class office space. This $6.4 million is to be included in the 1994 Capital Budget to be voted on at the November 30 budget meeting of the Board. Mr. Stein expressed great concern that the Board would not have an opportunity to discuss this proposed Capital Project in detail prior to that meeting, therefore, is bringing the issue up this evening. Mr. Stein stated that this is a very critical and complex issue. Some of the issues he sees are: health, initial and long range cost, maintenance and operation costs, service to clientele (which is a location issue), program issues and the relationship to the community. He stated that by investing $6.4 million, it is his judgment that the County would be making a 25-50 year decision to stay on West Hill and to have all services provided out of that building. He stated that the study originated in the Human Services Committee and was brought to the Planning Committee. Ms. Mink, Chair, Human Services Committee, stated that plans have been underway for a couple of years to fix overdue problems in Biggs. When people came forward with problems they were experiencing from the building, it focused attention more sharply on what kind of investment the County would make in that building. She also feels that investing $6.4 million would make West Hill the "County Campus". She also expressed her support for services to be brought downtown. 271 November 3, 1993 Mr. Stein stated that after a preliminary report was presented to the Planning Committee which considered different locations and costs of those locations and was reported on in the newspaper, he received a phone call from a local private development group who commented that they read the report and felt some of the figures used were not accurate with ones that have experienced and asked if the County would be interested in receiving what they felt figures should be. Mr. Stein stated that there were no negotiations but in the spirit of seeking information, he and others met with this development group and came away with additional information that helped with the study being presented this evening. Mr. Stein stated that if there is any other development group or person that has information that they feel would be useful in helping the County with its deliberations on this subject, the information would be welcomed with the understanding that this would not be any type of negotiation. At this point he stated he does not feel he has enough information to spend $6.4 million on the Biggs Building. He feels a study relating to the issues needs to be undertaken and questions of health and air quality need to be addressed. Mr. Stein introduced James Hanson, Planning Commissioner, who distributed a preliminary spreadsheet of costs and revenues for Biggs Building A Options dated November 3, 1993 which contains five options with projected costs. Those options are as follows: Option I: Building a four -floor addition to the Mental Health Building, plus a 6 -story addition to the current parking lot. Option II: Construction of a six -story, 11,000 square foot building on the site of the current "C" or Annex building, where Assessment, Central Data Processing and the Board of Elections is located. These Departments would be located in the new building, as well as the Biggs depai liiients. Option III: The current Biggs Building A, with a new heating, ventilation and air conditioning system. The architectural enhancements are not included in the cost of this project. Option IV: Construction of a privately -developed building to house the Biggs depaltments. The assumption is made of $100 construction costs per square food and 2/3 County contribution to a new parking garage and parking maintenance. Option V. Privately -developed building with the County paying 1/3 of the cost of parking and parking maintenance. After an explanation of figures presented in the spreadsheet Board members discussed the various options and costs. Mr. Proto requested information on the cost of building on the existing Biggs Building A property. Mrs. Call mentioned that the consolidation of Human Service agencies in the same building should also be looked at in this process. Mr. Stein concluded the presentation by stating that there were several good questions raised but not enough information for the Board to make a decision on this subject at this time. Mr. Proto, Chairman, Health and Education Committee, reported that the Committee met last week and completed its budget deliberations. Mr. Proto reported on the recent dedication to Dr. Racker by the Special. The next Committee meeting will be November 30. Mr. Evans, Chairman, Personnel Committee, reported that the Committee has not met nor held any negotiation sessions since the last Board meeting. Children's Center. Mr. Evans stated that the next Committee meeting will be December 2 at 8 a.m. Mr. Evans stated that he will request an executive session. Ms. Mink, Chair, Human Services Committee, reported that the Committee met to review departmental budgets. She also announced that Joan Bordonet has been awarded the "Service to Youth Award" by the Tompkins County Youth Board. The next Committee meeting will be December 7. Mr. Mason, Chairman, Public Safety Committee, reported that the Committee met November 1 and completed its deliberations on departmental budgets. The Committee also discussed with the Criminal Justice Advisory/Alternatives to Incarceration Board a process for reviewing plans that were 272 November 3, 1993 developed pursuant to a charge given to the Board by resolution. The next Committee meeting will be December 2. Mr. Winch, Chairman, Public Works and Construction Management Committee, reported that the Committee met today and its business is reflected on the agenda. Mr. Winch reported that Airport construction is moving forward quite well. Mr. Todd, Fiscal Affairs Committee, reported that he will ask that Resolution No. 268 be left on the Table until the November 16 Board meeting. He reported on a presentation the Fiscal Affairs Committee received from Ronald Dougherty, Chairman of the Tioga County Legislature concerning the Tioga County Council of Government which formed in April, 1991. This Council included representatives from nine towns and government and explores areas of cooperation between municipalities. Mr. Todd stated that this has worked to a certain degree in Tioga County. Mr. Lerner, Chairman, Solid Waste and Resource Management Committee, reported that the Committee met October 28 to review the proposed 1994 budget for Solid Waste. He stated that a public hearing concerning the proposed Tompkins County Solid Waste Management Plan will be held November 9 at 7:30 p.m. at the Holiday Inn. Mr. Lerner stated that he expects the Board to adjourn to a Committee of the Whole on November 16 to discuss the 1994 Solid Waste budget,. He expects to receive advisement on this process from Mr. Mulvey, County Attorney, and will circulate copies to Board members. Mrs. Call, Chair, Budget and Administration Committee, reported that the Committee has not met since the last Board meeting. She stated that budget deliberations will begin November 9. Mr. Heyman, County Administrator, reported that Anita Fitzpatrick, Commissioner of Personnel, received an award from the Office of Vocational Rehabilitation. Mr. Mulvey, County Attorney, reported that his monthly report has been filed in the Board office. On motion of the appropriate committee chairmen and duly seconded and unanimously adopted by voice vote by members present, the following resolutions were added to the agenda: Approval of the Annual Implementation Report of the Consolidated Services Plan - Depai tment of Social Services Sense of the Board with Respect to the Biggs A Renovation Project Chairman Watros gave Mrs. Call, Chair, Budget and Administration Committee, permission to withdraw from the agenda the resolution entitled Increase in Hours - Chief Natural Resources Planner — Planning. Chairman Watros gave the appropriate committee chairman permission to withdraw from the agenda the following resolution with final committee action being affirmed: CA098-93 - Award of Bid - Composting Bins RESOLUTION NO. 288 - RESOLUTION TO ACCEPT GRANT - WRAP PROGRAM Moved by Ms. Mink, seconded by Mr. Evans, and unanimously adopted by voice vote by members present. 273 November 3, 1993 WHEREAS, there is a need to improve energy efficiency in the homes of many low income seniors for reasons of both good health and cost efficiency, and WHEREAS, the New York State Office for Aging has awarded a grant for such purposes to the Tompkins County Office for the Aging under its Weatherization Referral and Packaging Program, now therefore be it RESOLVED, on recommendation of the Human Services Committee, That the Office for the Aging be authorized to accept the sum of $3,881, RESOLVED, further, That the Comptroller be authorized to make the following budget adjustments in the 1993 budget: Account Number Amount Revenue A6796.3803 State Revenue $3,881 Appropriations A6796.1517 Salary $2,196 A6796.4302 Office Supplies 16 A6796.4330 Printing 58 A6796.4465 Job -Related Travel 216 and Training A6796.4472 Telephone 67 A6796.8810 Retirement 76 A6796.8830 Social Security 151 A6796.8840 Worker's Comp. 7 A6796.8860 Health Insurance 1,081 A6796.8870 Unemployment 13 SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 289 - APPROVAL OF THE ANNUAL IMPLEMENTATION REPORT OF THE CONSOLIDATED SERVICES PLAN - DEPARTMENT OF SOCIAL SERVICES Moved by Ms. Mink, seconded by Mrs. Call. A short roll call vote resulted as follows: Ayes - 14, Noes - 0, Excused - 1 (Representative Schuler). Adopted. WHEREAS, the Depaitment has prepared a multi-year Consolidated Services Plan (1991-1994) which identifies program priorities in the areas of adoption, foster care services for children, preventive services for children, protective services for adults, protective services for children, and other adult children and family services, and WHEREAS, the Consolidated Services Plan requires an annual update on program information be submitted to the New York State Depaitnient of Social Services, now therefore be it RESOLVED, on recommendation of the Human Services Committee, That the 1994 Annual Implementation Report of the Depait,uent's Consolidated Services Plan be approved and signed by the Chairman of the Board of Representatives. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 290 - AUTHORIZATION TO EXECUTE CONSULTANT CONTRACT - CULINARY TRAINING OF NUTRITION AMBASSADORS FROM DIVERSITY CHURCHES IN TOMPKINS COUNTY - HEALTHY HEART PROGRAM 274 November 3, 1993 Moved by Mr. Proto, seconded by Mr. Evans, and unanimously adopted by voice vote by members present. WHEREAS, the Cayuga -Tompkins Healthy Heart Program (CTHHP) has laid plans to work with the multicultural population through their churches as part of the Five -A -Day campaign and has been told that the communities that already have Healthy Heart programs will probably not be awarded mini -grant funding this year, and WHEREAS, after reviewing our State budget for 1993-1994, the Program has sufficient funds to carry out the project: Using a local chef to train ten (10) nutrition ambassadors on heart health (from November 1993 through March 1994), Five -A -Day techniques, and the art of demonstrating cooking so that resources will be in the five diversity churches to assist in becoming heart healthy churches, now therefore be it RESOLVED, on recommendation of the Health and Education Committee, That the County Administrator is authorized to execute a contract with Jay Solomon to carry out the above training, RESOLVED, further, That there are sufficient funds in Professional Service Fees, A4021.4442 to complete this project. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 291 - AUTHORIZATION TO EXECUTE CONTRACT - GROUP HEALTH INSURANCE INC. - HEALTH DEPARTMENT Moved by Mr. Proto, seconded by Mr. Shurtleff, and unanimously adopted by voice vote by members present. WHEREAS, Group Health Insurance Inc. (GHI) requires a contract in order for the Health Department Certified Home Health Agency to become a participating provider and receive payments for services direct, now therefore be it RESOLVED, on recommendation of the Health and Education Committee, That the County Administrator is hereby authorized to sign any and all agreements necessary to complete this process. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 292 - AWARD OF BID - PLANT MATERIALS - NEW PASSENGER TERMINAL - TOMPKINS COUNTY AIRPORT Moved by Mr. Winch, seconded by Mr. Proto, and unanimously adopted by voice vote by members present. WHEREAS, the Division of Purchasing and Central Services has duly advertised the bids for the Plant Materials for the new Passenger Terminal, and WHEREAS, four (4) bids were received and publicly opened on Friday, October 15, 1993, now therefore be it RESOLVED, on recommendation of the Public Works and Construction Management Committee, That the bid be awarded to Paolangeli Contractors of Ithaca as the lowest responsible bidder with a base bid of $174,500, RESOLVED, further, That the County Administrator is hereby authorized to execute an agreement with Paolangeli Contractors on behalf of the County, RESOLVED, further, That the remaining budgeted funds of $40,500 be allocated for miscellaneous project expense, staff services, construction testing and change orders, 275 November 3, 1993 RESOLVED, further, That the County Administrator is authorized to execute change orders up to a total of ten (10) percent of the contract value with funds available from Account No. HU 5610.9239. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 293 - RESOLUTION SUPPORTING ISTEA FUNDING FOR THE DOWNSTREAM FOREST HOME BRIDGE Moved by Mr. Winch, seconded by Mrs. Livesay. A voice vote resulted as follows: Ayes - 13, Noes - 0, Excused — 1 (Representative Schuler), Abstentions - 1 (Representative Stein). Adopted. WHEREAS, the downstream bridge at Forest Home Drive over Fall Creek (BIN3047440) needs to be replaced at an estimated cost of $349,255, and WHEREAS, the bridge is eligible for listing on the State Register of Historic Places and the community supports historic restoration or rehabilitation of the structure, and WHEREAS, replacement of the bridge appears to qualify for funding under the ISTEA Transportation Enhancement Program which requires a minimum non-federal share of 20 percent, now therefore be it RESOLVED, on recommendation of the Public Works and Construction Management Committee, That the Tompkins County Board of Representatives supports this project and hereby agrees to provide $180,000 in non-federal funds for the project (52 percent) and that these funds will be available starting January, 1994 if needed, RESOLVED, further, That the Commissioner of Public Works be and hereby is authorized to execute an agreement with New York State Department of Transportation (NYSDOT) on behalf of Tompkins County if the proposal is approved for programming. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 294 - AUTHORIZATION TO EXECUTE AGREEMENTS WITH RESIDENTS OF SLATERVILLE SPRINGS Moved by Mr. Winch, seconded by Mr. Proto, and unanimously adopted by voice vote by members present. Chairman Watros asked Mr. Winch to report back to the Board. RESOLVED, on recommendation of the Public Works and Construction Management Committee, That the County Administrator is hereby authorized to execute agreements with residents of Slaterville Springs related to the construction of Buffalo Road over Six Mile Creek (BIN 3209760) and/or related to well water conditions in the vicinity of said construction project, RESOLVED, further, That the Public Works and Construction Management Committee shall review and approve each agreement prior to execution by the County Administrator. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 295 - AUTHORIZING A PUBLIC HEARING ON PROPOSED LOCAL LAW NO. 5 OF 1993 - AMENDING LOCAL LAW NO. 1 OF 1993 - AUTHORIZING THE ESTABLISHMENT OF AN ANNUAL FEE FOR SOLID WASTE FOR REAL PROPERTY IN TOMPKINS COUNTY 276 November 3, 1993 Moved by Mrs. Call, seconded by Mr. Lerner. Discussion followed concerning the mailing date of the bills. Mrs. Livesay stated that she was unaware the mailing date was changed to August. A voice vote resulted as follows: Ayes - 14, Noes - 0, Excused - 1 (Representative Schuler). Adopted. RESOLVED, on recommendation of the Budget and Administration Committee, That a public hearing be held before the Board of Representatives at Board Chambers of the Tompkins County Courthouse, 320 North Tioga Street, Ithaca, New York on Tuesday, December 7, 1993 at 5:30 o'clock in the evening thereof on proposed Local Law No. 5 of 1993 Amending Local Law No. 1 of 1993 - Authorizing the Establishment of an Annual Fee for Solid Waste for Real Property in Tompkins County. At such time and place all persons interested in the subject matter will be heard concerning the same, RESOLVED, further, That the Clerk of the Board is hereby authorized and directed to place proper notice of such public hearing in.the official newspaper of the County. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 296 - SENSE OF THE BOARD WITH RESPECT TO THE BIGGS A. RENOVATION PROJECT Moved by Mr. Stein, seconded by Mr. Proto, and unanimously adopted by voice vote by members present. WHEREAS, Tompkins County is considering a capital program of $6.4 million to renovate the Biggs A Building, including heating, ventilation and architectural improvements, to bring the building up to modern air and space quality standards and improve the efficiency of the space of the Biggs A building, and WHEREAS, the Planning Committee requested that the Planning Department examine the potential options to the full renovation to the Biggs A Building, and WHEREAS, the long-range space needs for many of the depai lnients located in the Biggs A Building cannot currently be assured, now therefore be it RESOLVED, That the Planning Committee has recommended that the Capital Program address only priority problems such as ventilation, thereby limiting the County's cost, RESOLVED, further, That it is the sense of this Board that a space planning study be undertaken to review and analyze both the short-term operations needs for the immediate five-year period as well as analyze the long-term service objectives associated with those agencies in the Biggs complex and that appropriate funds be allocated for these purposes in the Capital Program, RESOLVED, further, That it is the sense of this Board that the Capital Program project for Biggs Building A shall only include sufficient funding to address the ventilation problem identified in that building. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 251 - APPROVAL OF ACCEPTANCE OF LOCAL INITIATIVE MONIES - SIX MILE CREEK PROJECT (Adopted November 16, 1993) Moved by Mr. Stein, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, to lift this resolution from the Table. It was Moved by Mr. Stein, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, to postpone this resolution to the November 16, 1993 Board meeting. 277 November 3, 1993 RESOLUTION NO. 268 - ESTABLISHMENT OF THE TOMPKINS COUNTY LEADERSHIP COUNCIL AND COMMITMENT TO AN ORGANIZATIONAL CHANGE INITIATIVE TO IMPROVE THE EFFICIENCY, EFFECTIVENESS AND QUALITY OF COUNTY SERVICES (Adopted November 16, 1993) Moved by Mr. Todd, seconded by Mrs. Call, and unanimously adopted by voice vote by members present, to lift this resolution from the Table. It was Moved by Mr. Todd, seconded by Mrs. Call, and unanimously adopted by voice vote by members present, to postpone this resolution to the November 16, 1993 Board meeting. On motion of the appropriate committee chairman and duly seconded any unanimously adopted by voice vote by members present, the following appointments were made to various advisory boards: Environmental Management Council Term expires December 31, 1995 Nancy Ostman - At -large representative Planning Board Term expires December 31, 1996 Herbert Engman - Environmental Management Council Representative Chairman Watros announced that if anyone is interested in participating in the Veteran's Day Parade November 17, 1993, they should see him. On motion the meeting adjourned at 8:12 p.m. 278 November 9, 1993 Public Hearing Solid Waste Management Plan Holiday Inn, Ithaca, New York The public hearing was called to order at 7:30 p.m. by Mr. Lerner, Chairman of the Solid Waste and Resource Management Committee, concerning the draft Solid Waste Management Plan. Mr. Lerner began by introducing the following people present: Eric Lerner, Chairman, Solid Waste and Resource Management Committee Robert Watros, Chairman, Board of Representatives Daniel Winch, Representative, District No. 8 Beverly Livesay, Representative, District No. 11 Stuart Stein, Representative, District No. 3 Barbara Blanchard, Representative Elect, District No. 1 Michael Lane, Representative Elect, District No. 14 Barbara Eckstrom, Solid Waste Manager Kenneth Thompson, Solid Waste Assistant Manager Thomas Richardson, Recycling Supervisor Jonathan Wood, Assistant County Attorney Sharon Conley, Recourse Systems Catherine Covert, Clerk of the Board Michelle Pottorff, Deputy Clerk of the Board Mr. Lerner said the comments made this evening will be incorporated into the Plan and distributed to the people speaking. There is a thirty (30) day comment period for the draft Generic Environmental Impact Statement of the Tompkins County Solid Waste Management Plan which begins October 19 and ends November 23, 1993. Mr. Lerner continued by giving a background summary of the Plan. It has been several years in the making. He said he is satisfied that the Plan comes close to being the best that the people of this County can do to manage solid waste. This is a twenty (20) year Plan. The previous way solid waste was disposed of is no longer acceptable. Over the last fifteen (15) years the Federal Government and New York State Government have required by law that localities change the way they dispose of solid waste due to leachate problems. No one realized ten (10) to fifteen (15) years ago what an expensive and complex project it was going to be. Solid waste is disposed of in the most environmentally -sound cost- effective way possible. The challenge is to find ways to dispose of garbage which is in compliance with laws and regulations and which reduces the cost of garbage within the framework of State mandates. Mr. Lerner addressed the concerns that have been raised associated with staffing at the Solid Waste Division. When people wonder about clerical staff in Solid Waste, there is a lot of office work as well as physical work involved. It was the County's original intent to build a DEC (Department of Environmental Conservation) regulated landfill. Tompkins County has abandoned the DR -7 site. The basic plan in Tompkins County is based on economies of scale. The cost per ton for disposing of solid waste in a Tompkins County sized landfill would be more expensive than the alternative -- to take bids from the private sector for the disposal of solid waste. The disposal method has to comply with DEC regulations and State laws. These bids would include transportation and tipping to a facility location. There is approximately 60,000 tons per year of solid waste to dispose of in Tompkins County. It would cost $1 million at $70 279 November 9, 1993 per ton for disposal. The County has to look at alternative ways to reduce the per ton cost and find long range ways to dispose of garbage while complying with State mandates. Tompkins County is building a recycling center where garbage will be sorted and handled in different ways. Some sorted materials require additional processing making them more marketable and less expensive to truck. The Recycling Facility is intended to give us maximum capability and flexibility. There is currently an interim composting facility in Danby and the County is in the process of developing a larger composting facility. It would be to the County's advantage to be able to compost at a cost less than transporting. Finally, early stages of developing waste reduction strategies to reduce the amount of waste include public education, waste exchange programs and a lot of room for creative thought for cost effectiveness. Another major component includes the closure of landfills in Tompkins County by the DEC. The County has to comply with DEC regulations in the closure process while assuming a $1 million cost for the process. Jonathan Wood, Assistant County Attorney, explained the SEQR (State Environmental Quality Review) process. He stated that as part of the Solid Waste Management Plan the State requires the County to comply with the SEQR Act. The draft GEIS (Generic Environmental Impact Statement) is required by Law to have a public comment period of thirty (30) days. The Law does not necessarily require a public hearing but the County is conducting a public hearing to allow maximum public comment. The comment period ends November 23. All substantive comments and their responses will become part of the final Plan. Mr. Lerner stated that copies of the sixteen -page Executive Summary is available in addition to the two-page summary. Mr. Ernest Bury, 206 Valley Road, Ithaca, stated that he heard the Plan will allow for a lot of flexibility. He stated every dollar invested in anything represents a dollar of consumption and stated he is appalled about a $5.6 million contract with CRInc. He views other alternatives for the County to be: the Triangle Steel Facility which is on the market and is twice as big and is being sold for $.5 million. It is also on a rail line. Mr. Bury stated by using this facility the County would be "reusing and recycling" a large facility. The rail line has several important components. Garbage would not have to hauled on County roads and would not be creating pollution. The sale of recyclables on a rail car is worth $10 more per ton. A second alternative would be for the County to take advantage of a standing offer from a neighboring county. The offer would allow the County to receive the same price as is listed in the CRInc. contract. Mr. Bury feels a third issue is the Supreme Court has yet to rule on the flow control law. Mr. Bury believes the law is unconstitutional and if it is overturned it means it will have a profound impact on the economics and the only alternative would be to find other sources of revenues. For the County that other source of income would be through property taxes. Mr. Bury stated he truly hopes the law will be overturned. Barbara Blanchard, 316 Brookfield Road, Ithaca, stated she is not generally supportive of the concepts of the County's Solid Waste Management Plan. She feels the County's approach to solid waste management is unrealistic and unreasonable philosophy. She is opposed to the placement of the Tompkins County Recycling and Solid Waste Center at its location as a City of Ithaca Representative. She commented on a County Committee meeting where discussion took place on State mandates. Ms. Blanchard questioned the County's interpretation of those mandates. She stated she has concerns with the finance section of the Plan. She stated she would like to have section 490 of the Real Property Tax Law amended to include an exemption for special assessments for solid waste improvements and for which special ad valorem levies and assessments can be imposed. It would be the same process as with the water improvements and sidewalk improvements without the amendment in the Law. She does not feel the current legislation can continue. She asked the County to look at the proposal the City of Ithaca 280 November 9, 1993 advanced in 1990 that had to do with the tax law to see if that would provide a more fairer way to finance the plan. 8 p.m. No other member of the public wished to comment and the public hearing was declared closed at 281 November 16, 1993 Regular Meeting Chairman Watros called the meeting to order at 5:30 p.m. Members and guests participated in the Pledge of Allegiance. Present: 14 Representatives. (Representative Livesay arrived at 5:35 p.m.). Excused: 1 (Representative Joseph). It was Moved by Mr. Evans, seconded by Ms. Mink, and unanimously adopted by voice vote by members present, to approve the minutes of November 3, 1993. Chairman Watros presented a proclamation declaring December 1, 1993 as World Aids Day and the week of November 30 - December 6, 1993 as HIV/AIDS Awareness Week in Tompkins County. Pat Pryor, Member of the AIDS Work Board of Directors, accepted the proclamation and thanked the Board for their past and continued support of the efforts of AIDS Work of Tompkins County. Under privilege of the floor, Ernest Bury, Valley Road, Ithaca, distributed copies of the Tompkins County Solid Waste Management Plan Executive Summary. Mr. Bury expressed his opinion that he believes that there are legal problems because the County has not included costs for transportation in the Plan. Mr. Bury also stated that he does not feel it is cheaper to recycle. Under privilege of the floor, Mr. Lerner, Chairman, Solid Waste and Resource Management Committee, addressed comments made by Mr. Bury concerning legal problems he feel exist in the proposed Solid Waste Management Plan relating to the transportation of solid waste. Under privilege of the floor, Mr. Proto, Representative, District No. 7, stated he is perplexed that the Board has not taken a position on NAFTA (North American Free Trade Agreement). He stated that he feels the County would greatly benefit by this. Mr. Proto urged members of the Board to express their opinion and support this as he feels it can only serve to help and enhance Tompkins County. Under privilege of the floor, Mr. Culligan, Representative, District No. 2, stated that the Ithaca City School District is now allowing a five-day grace period on the payment of taxes for the medium and low income. Mr. Culligan requested that the Budget and Administration Committee look into the legalities of the County giving a four-day grace period. Members of the Board acknowledged those individuals who have been elected to succeed them in January. Mr. Proto, Chairman, Health and Education Committee, reported that Tompkins Cortland Community College continues to move along the path the Board approved for planning functions. Mr. Proto also reported on a letter he received from Joseph Pullman, Cortland County Mental Health Clinician, in which Mr. Pullman described his use of Tompkins County Information and Referral service. Mention was also made concerning an extension of Tompkins County's catchment area to involve Cortland County. Mr. Evans, Chairman, Personnel Committee, reported that the Committee has reached a tentative agreement with the Blue Collar CSEA (Civil Service Employees Association). He stated that negotiations continue with the White Collar and Tompkins Cortland Community College. The next Committee meeting will be December 2. 282 November 16, 1993 Ms. Mink, Chair, Human Services Committee, reported that two employees who have been out of work with sick building syndrome have returned to work. She stated that she hopes everyone that can will be back to work soon. The next Committee meeting will be December 7 at 10 a.m. Mr. Mason, Chairman, Public Safety Committee, reported that the E911 Task Force will meet tomorrow at the Crash, Fire, Rescue Building at 10:30 a.m. He stated he plans to report back to the Board at the next meeting as to what direction the County should go. Mr. Stein, Chairman, Planning Committee, reported that the Committee will meet November 18 at 9:30 a.m. Mr. Winch, Chairman, Public Works and Construction Management Committee, gave an update on construction at the Airport. He stated that the weather has allowed a considerable amount of outside work to be completed and work is on schedule. Mr. Todd, Chairman, Fiscal Affairs Committee, had no report. Mr. Lerner, Chairman, Solid Waste and Resource Management Committee, reported that a public hearing was held on November 9 on the proposed Tompkins County Solid Waste Management Plan and thanked Board members who were in attendance. Mr. Lerner stated that several solid waste advisory committee seats will become vacant in January. Mr. Lerner also reported that the Neighborhood Advisory Committee for the Commercial Avenue Central Processing Facility has developed a draft of a neighborhood watch plan for Elmira Road which the Solid Waste and Resource Management Committee will be reviewing. Mrs. Livesay, Intergovernmental Representative, announced that a meeting will be held with municipal officials to discuss television cable franchise opportunities and illegal dumping of solid waste. The meeting will be held November 17 at 7:30 p.m. in the Mental Health conference room. Mrs. Call, Chair, Budget and Administration Committee, reported that the Committee has met several times since last month and has conducted committee business and budget reviews. Mrs. Call stated that there is one vacancy on the Community Affirmative Action Advisory Board. Mrs. Call welcomed Wendy Skinner who will be handling the Ithaca Journal's coverage of governmental affairs. The next Committee meeting will be December 14. Mr. Heyman, County Administrator, commented on figures appearing in the budget document placed on members' desks. Mr. Heyman stated that there will be an information session concerning the proposed 1994 Tompkins County budget on November 23 at 7 p.m. This session will be telecast live on channel 53. Cheryl Nelson, Chair, Employee Council, submitted a written statement on the Council's work for the last month. Mr. Mulvey, County Attorney, had no report. Chairman Watros announced that Cornell Cooperative Extension will be conducting an informational session for elected public officials on November 29 and December 6. On motion of the appropriate committee chairman and duly seconded and unanimously adopted by voice vote by members present, the following resolutions were added to the agenda: Urging the New York State Legislature to Act on Workers' Compensation Reform Authorization to Execute Agreement with Third Party Administrator for Self Insurance of Worker's Compensation Claims, Transfer from Departmental Worker's Compensation Claims, 283 November 16, 1993 Transfer from Departmental Worker's Compensation Subaccounts to Worker's Compensation Insurance Reserve Account, and Authorization to Execute Agreement with Sedgwick James, Inc., as Broker for Catastrophic Loss Insurance Coverage for Worker's Compensation Claims Chairman Watros gave the appropriate committee chairmen permission to withdraw from the agenda the following resolutions with final committee action being affirmed: CA099-93 - Award of Bid - Copiers - Purchasing and Central Services CA100-93 - Award of Bid - Food Commodities RESOLUTION NO. 297 - AUTHORIZATION TO APPLY FOR STATE FUNDING - DEPARTMENT OF SOCIAL SERVICES Moved by Ms. Mink, seconded by Mrs. Schuler, and unanimously adopted by voice vote by members present. RESOLVED, on recommendation of the Human Services and Budget and Administration Committees, That the Department of Social Services is authorized to apply for $23,933 in 100 percent State funding for providing Energy Services Packaging activities to eligible qualifying households. Such services shall include identifying energy -vulnerable households, assessment of energy-related needs, interfacing with community service providers, conservation education efforts, and evaluation and reporting to New York State Department of Social Services. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 298 - AUTHORIZATION TO EXECUTE AGREEMENT - RMSCO, INC. Moved by Mrs. Call, seconded by Mr. Evans, and unanimously adopted by voice vote by members present. RESOLVED, on recommendation of the Budget and Administration Committee, That the County Administrator is directed to execute an agreement with RMSCO, Inc. to provide Flexible Benefits Account Plan Administrative Services from January 1, 1994 to December 31, 1994, at a cost of $6,600 annually. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 299 - AUTHORIZATION FOR COUNTY ADMINISTRATOR TO JOIN THE AMERICAN SOCIETY FOR QUALITY CONTROL (ASQC) Moved by Mrs. Call, seconded by Mr. Proto, and unanimously adopted by voice vote by members present. RESOLVED, on recommendation of the Budget and Administration Committee, That the County Administrator is hereby authorized to join the American Society for Quality Control (ASQC). Funds are available in Account No. A1989.4903, Centrally Distributed Items, Inservice Education. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) 284 November 16, 1993 RESOLUTION NO. 300 - AUTHORIZING AN AMENDMENT TO AGREEMENT — MICHELLE LOVEJOY - COUNTY ATTORNEY'S OFFICE Moved by Mrs. Call, seconded by Mr. Proto, and unanimously adopted by voice vote by members present. RESOLVED, on recommendation of the Budget and Administration Committee, That the County Administrator be authorized to execute an addendum to an agreement with Michelle Lovejoy for the provision of secretarial and paralegal services to extend Ms. Lovejoy's services through December 31, 1993. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 301 - ADOPTION OF 1994 TOMPKINS COUNTY BUDGET AND CAPITAL PROGRAM (Adopted December 7, 1993) Moved by Mrs. Call, seconded by Mr. Shurtleff. Mr. Todd, Representative, District No. 6, began discussion stating he feels that the budget as presented is unacceptable. As a result of the sales tax agreement, revenues in towns and villages are up and there is no property tax increase expected from the City of Ithaca. The proposed 1994 Tompkins County budget as presented is $82 million which is a $1.9 million increase from 1993. This equals an 11 percent property tax increase. Mr. Todd stated that he doesn't believe Tompkins County wants that kind of property tax increase after the County adopted a sales tax increase. Mr. Todd stated that he intends to move an amendment for an across the board cut and hopes that the amendment will stimulate debate by the County and the public. Mr. Stein, Representative, District No. 3, stated that there needs to be discussion on why taxes are going up. One observation that he sees that may be overlooked is a trend of services being shifted from municipalities to County government. The County has taken over assessment, youth services, election costs, the transit system and the County has a public library. Mr. Stein stated that he expects that the trend will continue for reasons of efficiency and effectivity. However, with these programs comes a cost the County must absorb. The reason many municipalities are not raising taxes may be attributed to this trend. He stated that it is important to understand this as part of the debate. Mrs. Livesay, Representative, District No. 11, stated that the County should be providing services in the best possible way. She said that it would be wonderful to have a zero percent property tax increase but it is important to know what would be involved with that decision. Mr. Todd stated that he recognizes that mandated items cannot be subjected to across the board cuts. He believes there needs to be prioritizing within departments. One reason he has presented the idea is to create debate amongst Board members and the public. Mr. Proto, Representative, District No. 7, stated that Mr. Stein has hit upon an important concern. He stated that the County needs to look at those services that have been consolidated and see what the costs have been and if it has reduced the cost for the taxpayer. Mr. Mason, Representative, District No. 15, stated that as a result of the sales tax agreement the towns and villages are facing significant tax decreases. He stated that when the County has the opportunity to apply additional revenues to the tax rate, the tax rate is reduced and is not sure that municipalities are doing the same. 285 November 16, 1993 Mr. Winch, Representative, District No. 8, stated that what he would like propose is that depai tinent heads and committee chairmen have discussion on what the impact would be of a zero percent property tax increase. Mr. Winch stated that the idea is intriguing but doesn't believe that the ramifications would be acceptable to the people of Tompkins County who are continually asking for more services. Mr. Heyman, County Administrator, stated that a $1.9 million cut across the board could be done. The actions taken would be severe and would include a number of employee layoffs. Mr. Heyman stated that it has been done in other counties. Mr. Lerner, Representative, District No. 1, stated the budget that has been recommended does not restore the fund balance. He feels the fund balance should be restored and will be arguing to do so. It was Moved by Mrs. Call, seconded by Mrs. Livesay, and unanimously adopted by voice vote by members present, to Table this resolution to November 30, 1993. It was Moved by Mr. Lerner, seconded by Mr. Evans, and unanimously adopted by voice vote by members present, to adjourn to a Committee of the Whole at 6:30 p.m. for sixty minutes to discuss and consider the proposed 1994 Tompkins County Solid Waste budget and five year projection. It was Moved by Mr. Proto, seconded by Mrs. Call, and unanimously adopted by voice vote by members present, that the Committee rise and report that the Solid Waste budget was duly considered and will be brought before the Board November 30 for approval. The Chairman of the Solid Waste and Resource Management Committee did and upon rise and report the same. The meeting returned to regular session at 7:30 p.m. Chairman Watros declared recess from 7:30 - 7:36 p.m. RESOLUTION NO. 302 - IMPLEMENTATION OF 1994 TOMPKINS COUNTY BUDGET (Adopted December 7, 1993) Moved by Mrs. Call, seconded by Mr. Shurtleff. It was Moved by Mrs. Call, seconded by Mr. Evans, and unanimously adopted by voice vote by members present, to Table this resolution to November 30, 1993. RESOLUTION NO. 303 - INCREASE IN HOURS - CHIEF NATURAL RESOURCES PLANNER - PLANNING DEPARTMENT Moved by Mrs. Call, seconded by Mr. Stein, and unanimously adopted by voice vote by members present. RESOLVED, on recommendation of the Planning and Budget and Administration Committees, That one position of Chief Natural Resources Planner (17/692), labor grade Q(17), competitive class, be increased from 35 to 40 hours effective October 1 and through December 31, 1993, RESOLVED, further, That no new monies are needed to fund this change for the balance of 1993. SEQR ACTION: EXEMPT OR TYPE 11 (NO FURTHER ACTION NECESSARY) 286 November 16, 1993 RESOLUTION NO. 304 - ESTABLISHING COUNTY EQUALIZATION RATES Moved by Mrs. Call, seconded by Mr. Stein, and unanimously adopted by voice vote by members present. WHEREAS, pursuant to Article III, Section 4.05, Subdivision (d) of the Tompkins County Charter and Code, the Director of Assessment has submitted and recommended the adoption of equalization rates for all towns in Tompkins County and the City of Ithaca for the assessment rolls filed in 1993 and for the apportionment of County taxes levied in 1994, now therefore be it RESOLVED, on recommendation of the Budget and Administration Committee, That the following equalization rates be and hereby are adopted: AGGREGATE ASSESSED AGGREGATE FULL VALUATION OF TAXABLE COUNTY VALUATION OF TAXABLE REAL PROPERTY FOR EQUALIZATION REAL PROPERTY FOR TOWN COUNTY PURPOSES RATE COUNTY PURPOSES Caroline Danby Dryden Enfield Groton Ithaca/Town Lansing Newfield Ulysses Ithaca/City $ 88,960,866 108,679,097 488,387,242 90,096,743 128,301,617 707,759,214 645,048,799 138,419,317 215,898,705 876,286,363 SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 RESOLUTION NO. 305 - PRINTING OF TAX RATES $ 88,960,866 108,679,097 488,387,242 90,096,743 128,301,617 707,759,214 645,048,799 138,419,317 215,898,705 876,286,363 Moved by Mrs. Call, seconded by Mr. Proto, and unanimously adopted by voice vote by members present. RESOLVED, on recommendation of the Budget and Administration Committee, That after the tax rates are ascertained for the various towns and the City of Ithaca, the Clerk shall print such rates in the Proceedings of the Board following budgets of the several towns and City. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 306 - AUTHORIZING PAYMENTS FOR COMMUNITY COLLEGE OPERATING BUDGET Moved by Mrs. Call, seconded by Mr. Proto, and unanimously adopted by voice vote by members present. WHEREAS, this Board has heretofore and by resolution approved the 1993-94 operating budget for the Tompkins Cortland Community College and appropriated the necessary funds to pay the Tompkins County proportionate share of the operating budget of said college, now therefore be it RESOLVED, on recommendation of the Budget and Administration Committee, That the County Administrator be and he hereby is authorized and directed, pursuant to the provisions of the Education 287 November 16, 1993 Law of the State of New York and within the authorization provided by this Board, to pay Tompkins Cortland Community College an amount up to but not to exceed the Tompkins County budgeted share of the operating of said college for the fiscal year 1993-94 on the following dates in the following amounts: January 1, 1994 $ 410,605.00 March 1, 1994 410,605.00 May 1, 1994 410,605.00 July 1, 1994 410,605.00 Total $1,642,420.00 SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 307 - TOWN BUDGETS Moved by Mrs. Call, seconded by Mr. Winch, and unanimously adopted by voice vote by members present. RESOLVED, on recommendation of the Budget and Administration Committee, That there be levied upon and collected from the taxable property of the several towns of the County and the City of Ithaca the foregoing sums for the purposes therein named in accordance with budgets adopted by the several town boards of the County of Tompkins to be filed with the Clerk of the Board, laws of the State of New York, and the foregoing report and recommendation of the Budget and Administration Committee, RESOLVED, further, That said summaries of the budgets of the several towns of the County and the City of Ithaca be printed in the 1993 proceedings of the Board of Representatives. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 308 - APPROVING COMPLETED TAX ROLLS AND DIRECTING THE EXECUTING AND DELIVERY OF WARRANTS Moved by Mrs. Call, seconded by Mr. Mason, and unanimously adopted by voice vote by members present. WHEREAS, upon the tax rolls of the several towns and City, the several taxes will be extended, now therefore be it RESOLVED, on recommendation of the Budget and Administration Committee, That the tax rolls be approved as completed, that the taxes extended upon the rolls in the several amounts extended against such parcel of property upon the said rolls are hereby determined to be the taxes due thereon as set forth therein, RESOLVED, further, That there be annexed to each of said rolls a tax warrant prepared by the Director of Assessment as provided for in Section 4.05(b) of the Tompkins County Charter and Code, that such warrants shall be the respective amounts theretofore authorized to be levied upon each of said rolls, that the several warrants be signed by the Chairman and the Clerk of the Board under seal of the Board and by the Director of Assessment, that said rolls with said warrants annexed are to be forthwith delivered to the respective collectors of the several districts of the County. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 309 - DESIGNATION OF NEWSPAPERS 288 November 16, 1993 Moved by Mrs. Call, seconded by Mr. Winch, and unanimously adopted by voice vote by members present. RESOLVED, on recommendation of the Budget and Administration Committee, That the official newspaper for the County of Tompkins for the publication of all local laws, notices and other matters required by law to be published pursuant to County Law, Article 5, Section 214, Subdivision (2), and Local Law No. 1 of 1992 be designated from January 1, 1994 to June 30, 1994 as follows: Ithaca Journal, Ithaca, New York SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 310 - AUTHORIZATION TO SIGN DRAFTS - COUNTY ADMINISTRATOR Moved by Mrs. Call, seconded by Mr. Winch, and unanimously adopted by voice vote by members present. RESOLVED, on recommendation of the Budget and Administration Committee, That the County Administrator be and hereby is authorized to sign all drafts of the County of Tompkins and to delegate this authority to the Deputy County Administrator. SEQR ACTION: EXEMPT OR TYPE 11 (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 311 - AUTHORIZATION FOR COUNTY COMPTROLLER TO MAKE YEAR-END TRANSFERS, APPROPRIATIONS AND BUDGET ADJUSTMENTS AS REQUIRED Moved by Mrs. Call, seconded by Mr. Evans, and unanimously adopted by voice vote by members present. RESOLVED, on recommendation of the Budget and Administration Committee, That the County Comptroller be and he hereby is authorized to make year-end transfers, appropriations and budget adjustments required to clear credit balances from the books at year-end, RESOLVED, further, That any such additional entries made by the County Comptroller shall be reported back to the Board of Representatives. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 312 - DATE OF ORGANIZATION MEETING Moved by Mrs. Call, seconded by Mr. Evans. Mrs. Livesay, Representative, District No. 11, asked inthe event of an emergency who has the authority to make decisions until a chairman is elected. Mr. Mulvey, County Attorney, was requested to report back to this Board. A voice vote on the resolution resulted as follows: Ayes - 14, Noes - 0, Excused - 1 (Representative Joseph). Adopted. RESOLVED, on recommendation of the Budget and Administration Committee, That in accordance with Section 151 of County Law, the organization meeting of the Board of Representatives shall be held in the Board of Representatives' Chambers of the Tompkins County Courthouse, Ithaca, New York, on Tuesday, January 4, 1994 at 5:30 o'clock in the evening thereof. 289 November 16, 1993 SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 313 - ESTABLISHING 1994 MEETING DATES Moved by Mrs. Call, seconded by Mrs. Livesay, and unanimously adopted by voice vote by members present. RESOLVED, on recommendation of the Budget and Administration Committee, That the 1994 regular meetings of the Tompkins County Board of Representatives are as follows: Tuesday, January 4, 1994 at 5:30 p.m. Tuesday, January 18, 1994 at 5:30 p.m. Tuesday, February 1, 1994 at 5:30 p.m. Tuesday, February 15, 1994 at 5:30 p.m. Tuesday, March 1, 1994 at 5:30 p.m. Tuesday, March 15, 1994 at 5:30 p.m. Tuesday, April 5, 1994 at 5:30 p.m. Tuesday, April 19, 1994 at 5:30 p.m. Tuesday, May 3, 1994 at 5:30 p.m. Tuesday, May 17, 1994 at 5:30 p.m. Tuesday, June 7, 1994 at 5:30 p.m. Tuesday, June 21, 1994 at 5:30 p.m. Tuesday, July 12, 1994 at 5:30 p.m. Tuesday, August 9, 1994 at 5:30 p.m. Tuesday, September 6, 1994 at 5:30 p.m. Wednesday, September 21, 1994 at 5:30 p.m. Tuesday, October 4, 1994 at 5:30 p.m. Tuesday, October 18, 1994 at 5:30 p.m. Tuesday, November 1, 1994 at 5:30 p.m. Tuesday, November 15, 1994 at 5:30 p.m. Tuesday, December 6, 1994 at 5:30 p.m. Tuesday, December 20, 1994 at 5:30 p.m. 1994 Conferences March 6 - 8, 1994 - Joint Conference - New York State Supervisors and County Legislators and New York State Association of Counties June 12 - 15, 1994 New York State Supervisors and County Legislators September 18 - 21, 1994 New York State Association of Counties Fall Conference SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 314 - WORKERS' COMPENSATION BUDGET AND APPORTIONMENT — MUTUAL SELF-INSURANCE PLAN Moved by Mrs. Call, seconded by Mr. Mason, and unanimously adopted by voice vote by members present. WHEREAS, the Budget and Administration Committee estimates that the sum of $4,000 will be required during the year 1994 for the payment of compensation in old and pending cases on behalf of the 290 November 16, 1993 County and participating municipalities under the Mutual Self -Insurance Plan and for the expenses of administering same, now therefore be it RESOLVED, on recommendation of the Budget and Administration Committee, That there be raised from the County and participating municipalities in 1993 the total sum of $4,000 the same to be apportioned to the County and the several participating municipalities in the proportion that their equalized valuation bears to the aggregate valuation of the County and all participating municipal corporations as follows: Municipality Caroline Danby Dryden Enfield Groton Ithaca (Town) Lansing Newfield Ulysses Ithaca (City) Dryden (Village) Freeville (Village) Groton (Village) Cayuga Heights (Village) County of Tompkins Total Full Value Assessed Full Value 88,960,866 108,679,097 488,387,242 90,096,743 128,301,617 707,759,214 645,048,799 138,419,317 215,898,705 876,286,363 61,665,469 13,448,762 47,884,103 221,581,219 3,487,837,963 7,320,255,479 SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) Apportionment 48.61 59.39 266.87 49.23 70.11 386.74 352.47 75.64 117.97 478.83 33.70 7.35 26.17 121.08 1,905.86 4,000.00 RESOLUTION NO. 315 - CREATION AND ABOLITION OF POSITIONS - PLANNING DEPARTMENT Moved by Mrs. Call, seconded by Mr. Stein, and unanimously adopted by voice vote by members present. RESOLVED, on recommendation of the Planning and Budget and Administration Committees, That one position of Secretary (09/671), labor grade I (9), competitive class be abolished effective November 4, 1993, RESOLVED, further, That one position of Senior Account Clerk Typist (09/529), labor grade I (9), competitive class, be created effective November 4, 1993, RESOLVED, further, That no new monies are needed to fund this change. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 316 - INCREASE IN HOURS - VARIOUS POSITIONS - DATA PROCESSING Moved by Mrs. Call, seconded by Mr. Evans, and unanimously adopted by voice vote by members present. 291 November 16, 1993 RESOLVED, on recommendation of the Budget and Administration Committee, That the following positions be increased from 35 hours per week to 40 hours per week effective November 17, 1993: Programmer Analyst (13/662), labor grade M, competitive class - one position Microcomputer Specialist (12/638), labor grade L, competitive class - two positions Programmer (09/639), labor grade I, competitive class - one position RESOLVED, further, That the position of Computer Operator/Technician (08/623), labor grade H, competitive class, be increased from 17.5 to 20.0 hours per week effective November 17, 1993, RESOLVED, further, That no new monies are needed for the balance of 1993 and this change has been incorporated into the 1994 proposed budget for the Department. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 317 - APPORTIONMENT OF MORTGAGE TAX Moved by Mrs. Call, seconded by Mr. Stein, and unanimously adopted by voice vote by members present. WHEREAS, the County Clerk and the County Administrator have presented their report concerning mortgage tax receipts for the period from April 1, 1993 through September 30, 1993, pursuant to Section 261 of the Tax Law, and the same have been apportioned to the various municipalities thereto, now therefore be it RESOLVED, on recommendation of the Budget and Administration Committee, That the apportionment as presented for said period from April 1, 1993 through September 30, 1993 be and hereby is approved: Municipality Amount Total Town of Caroline $ 24,701.65 Town of Danby 24,252.17 Dryden: Town $114,239.82 123,756.75 Village 7,812.98 Village of Freeville 1,703.95 Town of Enfield 16,605.91 Groton: Town 27,124.73 33,347.65 Village 6,222.92 City of Ithaca 117,301.20 Town of Ithaca 144,150.19 170,902.83 Village of Cayuga Heights 26,752.64 Lansing: Town 107,461.35 134,718.96 Village 27,257.61 Town of Newfield 22,811.62 Ulysses: Town 39,661.87 45,258.35 Trumansburg 5,596.48 SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 318 - BUDGET ADJUSTMENTS AND APPROPRIATIONS - VARIOUS DEPARTMENTS Moved by Mrs. Call, seconded by Mrs. Schuler, and unanimously adopted by voice vote by members present. 292 November 16, 1993 RESOLVED, on recommendation of the Health and Education, Human Services, Planning, Budget and Administration Committees, That the County Comptroller be authorized to make following budget adjustments and appropriations on his is books: BUDGET ADJUSTMENTS Health Department - Healthy Heart Revenue: A4021.2770 Appropriation: A4021.4302 .4332 .4333 .4330 .4342 Unclassified Revenues Office Supplies Books/Publications Promotional Printing Food Physically Handicapped Children Revenue: A599 A4046.3446 A4047.3401 Appropriation: A4046.4400 A4046.4400 A4047.4442 Office for the Aging Revenue: A6796.3803 Appropriation: A6796.1517 .4302 .4330 .4465 .4472 .8810 .8830 .8840 .8860 .8870 Youth Bureau Revenue: A7020.2705 Appropriation: A7020.4330 Planning Revenue: A8020.2705 Appropriation: A8020.4442 Purchasing and Central Services Revenue: A1345.2770 Appropriation: A1345.4413 APPROPRIATIONS Budget and Finance/Administration Revenue: A0599.0000 Appropriation: A1230.2206 .2230 A1310.2210 Unappropriated Fund Balance Care of PH Children PHW State Aid Program Expense Program Expense Professional Services Fees State Revenue Salary Office Supplies Printing Job Related Travel Telephone Retirement Social Security Worker's Comp. Health Insurance Unemployment Gifts/Donations Printing Unclassified Revenue Professional Service Fees Unclassified Revenue Auction Expense General Fund Balance Computer Equipment Computer Software Other Equipment 293 $ 3,300 400 400 1,000 1,000 500 $ 4,524 5,664 (2,474) $ 4,524 5,664 (2,474) $ 3,881 $ 2,196 16 58 216 67 76 151 7 1,081 13 $ 500 $ 500 $ 3,000 $ 3,000 $19,669 $19,669 $ 7,000 $ 5,000 800 1,200 and the November 16, 1993 RESOLVED, further, That the County Administrator be and hereby is authorized to execute the necessary contracts to convey these funds. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 319 AUTHORIZATION TO EXECUTE AGREEMENT WITH THIRD PARTY ADMINISTRATOR FOR SELF INSURANCE OF WORKER'S COMPENSATION CLAIMS, TRANSFER FROM DEPARTMENTAL WORKER'S COMPENSATION SUBACCOUNTS TO WORKER'S COMPENSATION INSURANCE RESERVE ACCOUNT, AND AUTHORIZATION TO EXECUTE AGREEMENT WITH SEDGWICK JAMES, INC., AS BROKER FOR CATASTROPHIC LOSS INSURANCE COVERAGE FOR WORKER'S COMPENSATION CLAIMS (Adopted December 7, 1993) Moved by Mrs. Call, seconded by Mr. Evans. It was Moved by Mrs. Call, seconded by Mrs. Livesay, and unanimously adopted by voice vote by members present, to Table this resolution to November 30, 1993. RESOLUTION NO. 320 - ESTABLISHING 1994 SOLID WASTE SLUDGE TIPPING FEE Moved by Mr. Lerner, seconded by Mr. Evans, and unanimously adopted by voice vote by members present. RESOLVED, on recommendation of the Solid Waste and Resource Management and Budget and Administration Committees, That the per -ton fee for sewage sludge is hereby established at $45 effective January 1, 1994. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 321 - URGING THE NEW YORK STATE LEGISLATURE TO ACT ON WORKERS' COMPENSATION REFORM Moved by Mrs. Livesay, seconded by Mrs. Call, and unanimously adopted by voice vote by members present. WHEREAS, laws governing the payment of injured workers in New York State are badly in need of reform in order effectively to control costs and to better provide protection to workers injured on the job, and WHEREAS, the Senate and Assembly have not been able to work out differences and to reach a compromise, and to pass identical bills, now therefore be it RESOLVED, That the Tompkins County board of Representatives urges both the Senate and Assembly to act expeditiously to pass legislation that is badly needed by workers and employers in New York State. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) 294 November 16, 1993 It was Moved by Mr. Stein, seconded by Mr. Proto, and unanimously adopted by voice vote by members present to lift from the Table the following resolution: RESOLUTION NO. 251 - APPROVAL OF ACCEPTANCE OF LOCAL INITIATIVE MONIES - SIX MILE CREEK PROJECT Moved by Mr. Stein, seconded by Mr. Proto, and unanimously adopted by voice vote by members present. WHEREAS, the Tompkins County Planning Department received $15,000 from the State of New York as a Local Initiative for the the Six Mile Creek project, and WHEREAS, this project will serve to benefit the County and various municipalities within, now therefore be it RESOLVED, on recommendation of the Planning Committee, That the Board of Representatives shall authorize the acceptance of these funds from the State of New York and authorize the County Administrator to sign any contractual agreements. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) It was Moved by Mr. Todd, seconded by Mrs. Call, and unanimously adopted by voice vote by members present to lift from the Table the following resolution: RESOLUTION NO. 268 - ESTABLISHMENT OF THE TOMPKINS COUNTY LEADERSHIP COUNCIL AND COMMITMENT TO AN ORGANIZATIONAL CHANGE INITIATIVE TO IMPROVE THE EFFICIENCY, EFFECTIVENESS, AND QUALITY OF COUNTY SERVICES Moved by Mrs. Call, seconded by Mr. Todd, and unanimously adopted by voice vote by members present. Mr. Lerner was assured that recommendations to the Board of Representatives by the Council does not preclude items being referred to standing committees. WHEREAS, the Fiscal Affairs Committee was created by the Chairman of the Board in January, 1992 to address in a systematic, long-term way the fiscal and services problems that were created by significant spending increases during 1991 associated with the national recession of that year, and WHEREAS, the Committee was charged with organizing a process that would make it possible for the Board of Representatives to differentiate among service delivery areas as to their importance and their funding, and also to advise the Budget and Administration Committee on the development and implementation of procedures to achieve the financial objectives of the Fiscal Plans of the last two years with the least negative impact on the delivery of services, and WHEREAS, the Committee has reviewed the efforts of other public and private organizations to institute organizational changes to control costs and continuously improve the quality of services, which efforts are often referred to as "Total Quality Management", and WHEREAS, such changes for Tompkins County have been endorsed and recommended by the Employee Council, County Department Heads, and the County Administrator, and WHEREAS, it is the understanding of this Board in endorsing these changes that their underlying philosophy includes but is not limited to the following with respect to establishing the direction and purposes of County government as a whole: - constancy of purpose, as defined by this Board, for the short and long term; - a strong focus on service excellence; - a primary role for service recipients, employees, and taxpayers, in determining the County's goals and its means for achieving those goals; 295 November 16, 1993 - service delivery that is as close to the people as possible and that empowers the citizens of our community; with respect to reorganizing and restructuring, where appropriate, the means by which County staff strive to carry out the Board's policies: - a major increase in commitment to education and training for employees; - a work force that reflects the diversity of the community that it serves; - greatly improved and enhanced interdepartmental cooperation and collaboration; - rewards, recognition, and protection from harm for employees who participate in this process, and; - a shift in the role of supervisors away from ordering, correcting and mandating, and toward educating, supporting, and team leadership; - clarification of roles, responsibilities, and overall organization of the various units of county government, now therefore be it RESOLVED, on recommendation of the Fiscal Affairs and Budget and Administration Committees, That this Board of Representatives commits itself to an organization -wide effort to review, restructure, and improve the ways in which it carries out the responsibilities assigned to it by the State of New York and by the Tompkins County Charter and Code and hereby creates and establishes the Tompkins County Leadership Council to have primary guidance responsibility over this effort subject only to review and approval by this Board and assigns to the Council the following charges: 1. RECOMMEND a process that leads to the approval by the Board of Representatives of: a. A Statement of Purpose for County government as a whole; b. Goals, Objectives, and Action Plans for County government and each of its programs that are aligned with that Statement of Purposes; and c. A budget review and adoption process by the Board of Representatives that results in funding decisions that reflect purposes and goals of County government as whole. The Council is authorized and encouraged to apply bold and creative thought to this portion of its charge and to involve directly members of the public in carrying it out. 2. RECOMMEND AND OVERSEE a reorganization and restructuring wherever appropriate of the ways by which Tompkins County government carries out its responsibilities based on the principles commonly referred to as "Total Quality Management". RESOLVED, further, That the membership of the Leadership Council shall be designated at a future meeting by this Board and that the Council may establish its own committees and subcommittees and may appoint the members of these from within and outside its own ranks, RESOLVED, further, That the Council shall submit its work plan with timetable and all of its recommendations directly to this Board for its review and shall receive from County staff appropriate resources to accomplish its charges. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) Chairman Watros commended Mr. Lerner, Chairman, Solid Waste and Resource Management Committee, and staff for a fine presentation on the proposed 1994 Solid Waste budget. He stated that it has been defined clearly so the public can receive answers to their questions. On motion the meeting adjourned at 7:50 p.m. to November 30, 1993. 296 November 30, 1993 Adjourned Board Meeting Public Hearing Chairman Watros called the public hearing to order at 7:00 p.m. concerning the proposed 1994 Tompkins County Budget and Capital Program. Chairman Watros announced that because the legal notice was not published in accordance with the Charter and Code a vote to adopt the proposed budget will not be taken this evening on the proposed 1994 Tompkins County Budget and Capital Program. The Board will consider a resolution later this evening to hold a second public hearing December 7, 1993 concerning the same. Chairman Watros introduced Daniel Winch, Vice Chairman, Budget and Administration Committee, who read the following statement from Mary Call, Chairman of the Budget and Administration Committee: "Good evening. Thank you for coming to the public hearing on the 1994 budget. This is my last budget. I'll be off the Board so I won't have a part in future discussions. As I thought about that fact, I thought about the budgets that we have passed in the last twelve years that I've been on the Board. Chart. Shows five items, 1982 thru 1994: mandates, public works, human services, public safety and all others. This chart reflects four conditions that I call the "eternal verities" of the County budget": 1. Mandated programs continue to increase at a rate of more than twelve percent a year. 2. The economy remains stable and therefore the sales tax and other revenues do not provide a rising source of income. 3. The majority of citizens want to maintain the level of services now provided by the County. 4. The majority of citizens don't want their taxes to increase. The chart reflects the four conditions I've outlined but it also shows that: 1. taxes are with us every year 2. all services share in the increased costs and contribute to taxes (Dan, if this is on the chart) How do you impact this type of chart? Two simple -- sounding ways are: 1. Increase revenues. Sales tax estimates for 1994 were put in at about the same level as 1993. No significant new sources of money for general programs have been found. 2. Decrease spending and/or cut back on programs. I'll repeat: I believe the majority of citizens do not want to drastically cut programs and services. A third way to impact the chart, perhaps more complex: 3. Prioritize the services that County government provides so that all do not increase at the same rate, or some are phased out or cut back, or expanded. Devise a way to do this prioritization: do it by a massive, well-designed, County -wide survey, or do it by TQM (Total Quality Management), or some other as yet unnamed method. Somehow, try to achieve this goal: The level of services that the majority of people want the County to provide, with a lower tax burden. I charge this new, ongoing Board of Representatives with that goal. I have not said much about the 1994 budget. This budget, as in years past, reflects very hard work on the part of depai tiiient heads and agency directors. It reflects many hours of cost containment, choices for service provision and all the myriad decisions and dedication that bring us to this point: a vote by this Board on the budget. The work done in the past twelve weeks reflects some real curtailment of service and much knowledge that a department cannot fulfill its' full mission because there isn't enough money. My thanks, as always, to the real public servants who helped create the budget. 297 November 30, 1993 Again, I say to the ongoing 1994 Board of Representatives, the 1994 budget unfortunately continues to reflect the chart and the concepts I outlined earlier. As hard as we worked, my parting thought is that "it just isn't good enough" we could have done better". You, my friends, have got to do better. Chairman Watros asked if anyone wished to speak? Joe Cassanti, 330 West State Street, said he knows business people who pay a great deal of taxes and that he is interested in what they have to say. Ted Wixom, Village of Lansing Mayor, spoke in opposition to an increase in property tax. He said the Consumer Index shows an average increase of 3.6 percent over the last three years. The County's proposed tax increase is three times that amount. This tells me that the goods and services provided by the County have increased in value three times that for such basics as food, clothing, transportation, medical care and housing. Mandated programs have often been identified as the reason for substantial increase in this budget. He asked if a budget was presented with a zero percent increase? He also asked that the Board vote to cap it at a Consumer Price Index rate of inflation or Statewide average for counties or some other objective figure. Paul Steiger, East State Street, said he was speaking on his behalf not on behalf of the Chamber of Commerce Tax Committee. He spoke about an article in the Ithaca Journal stating a settlement was reached with the Blue Collar Union Contract. His assumption is that it will be a pattern for the general wage and benefits settlement or contributions to all employees in the County. He said County employees have a health care benefit that is a richer benefit than any health care in the nation. Employees all over the nation have been sacrificing give backs in the health care arena for the past five years, but not Tompkins County employees. Tompkins County employees have a drug card and for $1 can get a prescription drug without any generic drug restriction. He said his drug card costs him $10 each time. The average across the nation is $60. County employees also have a $100 deductible in their health plan. The average is $250 and rising all the time. The tax committee recommended changing that to the average and if the County had changed it, the savings would have been $.25 million per year. Instead the County is now locked in for four years. He said this is one more example of the County's unwillingness to address cost control. Yvonne Bartlett, Depai t,nent of Social Services Employee, Interlaken, alleges she has "multiple chemical sensitivities" due to working at Biggs A. She reiterated the schedule of events since being taken out of work and stated that she still does not have an income. She said the Doctor who diagnosed her with the alleged disease passed away. Calvin Criss, Buffalo Street, expressed his concern with the various percentage increases for General Government Support, human services, public safety, health services, public works and community service and education. Mark Finkelstein, 210 Lake Street, said if the County adopts the proposed budget, the total budget will have increased over 50 percent in four years. He spoke about possible ways to reduce the budget including the review of mandates. He urged the Board to support the proposed amendment for a zero percent increase in property taxes being offered by Representative Todd. Frank Rose, 112 Valleyview Road, said he opposes a property tax increase. He said if he has calculated correctly, optional costs have risen 44 percent in the last five years including the proposal being considered this evening, whereas his salary has only increased 18 percent in the last five years. 298 November 30, 1993 Evan Lambrou, Honness Lane, said he also opposes a property tax increase and feels public employees at all levels of government should not receive a significant salary increase. He also stated the County should have an incinerator because of the cost of exporting solid waste. Fred Quinlan, Sun Down Road, Freeville, encouraged the Board to vote in favor of Representative Todd's proposed amendment for a zero percent property tax increase. Alan Cohen, 302 East State Street, felt the general public did not have an idea what was going on with the budget until after the election. He feels the public needs more time to study the figures and issues. He also recommends long-term planning. He feels a study of mandates should be undertaken and urged the Board to be responsive. Mel Bartlett, Husband of Yvonne Bartlett a Department of Social Services Employee, stated that he doesn't believe his wife receives a lot of benefits from being a County employee. He asked the Board to look into concerns raised this evening. Tom Murray, 62 Spring Run Road, Freeville, finds if difficult to maintain business when federal taxes, Worker's Compensation, County taxes, school taxes, etc. continue to increase. The end result is less employees working for him which adds to the County budget. It's important to review how the County is operating and become more efficient. He said he opposes a property tax increase. Tom Corey, Lee Road, Village of Dryden, mentioned the report by the Tax Committee and said he was the author of the health insurance portion. He feels the County should reduce the work force. He referred to the social services increase in personnel and fringe benefits which amounts to $800,000 in additional costs between 1993 and 1994 representing a 12 percent increase in the cost of personnel, yet no increase for the aid to independent children and home relief which are the criteria under which social services are presented. He also referred to a line item for the County Clerk's office. The Department of Motor Vehicles is no longer renting space. Barbara Mahoney, Hayts Road resident and Department of Social Services employee, stated she feels government is too expensive. She stated that she is unable to work in the "clean room" provided for employees in the Biggs building. Lloyd Mix, Ringwood Road, stated that a lot of changes are needed to be made to the proposed budget. He feels that alcohol is a major problem and cost contributor in Tompkins County. Ralph Lapadula, Floral Avenue, spoke in opposition to the proposed 1994 Tompkins County budget and stated that he feels the budget should have been presented prior to the November election. Ernest Bury, Valley Road, Ithaca, spoke in opposition to the proposed 1994 Tompkins County budget and stated that he believes there are very few State mandates on trash. Beach Stover, Town of Ulysses, spoke in opposition to the proposed 1994 Tompkins County budget. Mr. Stover stated that his small business is in jeopardy. He also stated that he feels the increases outlined in the budget are not justified. Charles Tollman, Richard Place, stated that as a banker, realtor and someone who has been in finances all his life, finds the proposed 12 percent property tax increase to be unacceptable. He stated that he believes that this would drive entrepreneurs out of the County and the State. Allen Akers, Trumansburg Road, spoke in opposition to the proposed 1994 Tompkins County budget and stated it creates great hardship for those on fixed incomes. He feels during these hard times, the County should be cutting back. 299 November 30, 1993 Richard Sweet, Hayts Road, spoke in opposition to the proposed 1994 Tompkins County budget. He stated that as a purchasing agent for the Federal Government, he tries to bend regulations. He stated Tompkins County needs to try to bend to get the lowest costs possible. Gerry Angel, Trumansburg Road, spoke in opposition to the proposed 1994 Tompkins County Budget. He stated that his family tries to evaluate how they spend their money and the County needs to do the same. He stated that he feels County and its depaitments need to go on a low fat diet and possibly initiate a pay freeze. David Stotz, Green Lane, spoke in opposition to the proposed 1994 Tompkins County budget. He stated that the number one issue is property tax and that there are many people in this community for which 12 percent is not a small property tax increase. He urged the Board to reduce County costs. Willard Daetsh, Danby Road, expressed opposition to a property tax increase. Mr. Daetsch stated that he feels the County should prioritize services because some services are more crucial than others. Rev. Ted Craig, Pastor, Town of Danby, spoke in opposition to the proposed 1994 Tompkins County budget. He stated that people have told him that they live from one payday to the next. Mr. Craig referred to percentages of increase within the last five years in Tompkins County and asked that Board members remember their title as "Representative". Lenorre Schwager, Finger Lakes Independence Center, stated that the Center is aid those who are hearing impaired and teach people about equipment, services and their rights. She stated that FLIC is the only agency within Tompkins County which offers this service and without additional money the Center will be forced to turn people away. Ms. Schwager asked that the Board allocate to them the amount approved by the Human Services Coalition. Larry Roberts, President of the Board of Directors at the Finger Lakes Independence Center (FLIC), asked that the Board favorably consider to allocated to them the amount budgeted by the Human Services Coalition. He stated that the request is in the amount of $3,000. Mr. Roberts reaffirmed the comments made by the previous speaker. Mahlea Carlisle, Cliff Street, and member of the Finger Lakes Independence Center, also spoke in favor the County supporting the Agency. She stated that because she is hearing impaired she knows what it is like for those who do what services are available. She stated that she feels $3,000 is a small amount for the education and training of visually impaired people in Tompkins County. Bernard Goodman, White Park Road, spoke in opposition to the proposed 1994 Tompkins County budget. Mr. Goodman stated that government needs to understand that it cannot go into people's lives and take control of them. Carol Reeves, Linn Street, stated that she is opposed to the proposed 1994 Tompkins County budget. She said that she has been involved in the City and budget process for eight years and stated she feels the proposed budget is unacceptable. She said she is grateful for Mr. Todd's proposed amendment. David Tanner, Horizon Drive, spoke in opposition to the proposed 1994 Tompkins County budget. He complimented the County on its work, however, questioned how many businesses locally and nationally can get an eleven percent increase in their cost and how many people receive an eleven percent increase annually. He asked if the County has looked at ways to cut costs and if the cost of health care has been raised for workers. 300 November 30, 1993 Jason Fane, South Quarry Street and landlord, spoke in opposition to the proposed 1994 Tompkins County budget. He stated that people are real concerned about the proposed 12 percent property tax increase. Pat Dayton, Owner, Stafford Chevrolet, Dryden, spoke in opposition to the proposed 1994 Tompkins County budget. She stated that the workforce has gone down and it is very expensive to do business in Tompkins County or New York State because of taxation. Henry Gagley, Lansing Foodnet, spoke in favor of the proposed 1994 Tompkins County budget and stated that proposed cuts would result in the loss of the service of meals being delivered to elderly people and those on the poverty level. Phyllis Baker, Bostwick Road, spoke in opposition to the proposed 1994 Tompkins County budget. She stated that Tompkins County residents cannot afford the budget as it has been presented. She stated that just because you need something it doesn't mean you can afford it. Mike Durso, Lansing resident and a member if the Chamber of Commerce Legislative Affairs Committee, spoke in opposition to the proposed 1994 Tompkins County budget and stated a budget with a 12 percent property tax increase will be supported by the taxpayers this year or next. Ray Ingraham, Town of Groton resident and small business owner, spoke in opposition to the proposed 1994 Tompkins County budget. Mr. Ingraham stated that as elected representatives, members of the Board have to represent the taxpayers and "just say no". Andy Sciarrabba, Ithaca, spoke in opposition to the proposed 1994 Tompkins County budget. Mr. Sciarrabba read a statement prepared by Benjamin Curtis, Trumansburg resident, which stated that Mr. Curtis is opposed to a property tax increase and urged the Board to support the amendment to be proposed by Representative Todd. Anna Smith, Town of Ithaca, spoke in opposition to the proposed 1994 Tompkins County budget and stated she cannot afford another increase in taxes. She stated that she doesn't not approve of the Board adopting salary increases. Ms. Smith also stated she feels 'garbage costs are too excessive and agrees with Representative Call that the County has to do better. Sarah Jones, Enfield Center Road, spoke in opposition to the proposed 1994 Tompkins County budget and stated that high taxes encourage Ithaca to be town with a very transient population. She stated that there are other places much cheaper to live and people will move if high taxing continues. She urged the Board to look at long-term growth in the County. Ruben Weiner, Hector Street, spoke in opposition to the proposed 1994 Tompkins County budget and asked what became of the one percent sales that was imposed. Mr. Weiner urged the Board to look at setting priorities. H. Taskevitch, Hanshaw Road, spoke in opposition to the proposed 1994 Tompkins County budget and stated the Board should listen to the people. Mark Purdy, Mount Pleasant Road resident and a new homeowner, spoke in opposition to the proposed 1994 Tompkins County budget. Mr. Purdy stated that when he was hired as an supervisor of the Ithaca of A&P store, he was told to cut costs and the way he did that was to cut expenses. He stated that he feels the County also needs to cut expenses. 301 November 30, 1993 Carla Marceau, Village of Lansing, spoke in opposition to the proposed 1994 Tompkins County budget and any property tax increase. Noel Desch, Town of Ithaca, spoke in opposition to the proposed 1994 Tompkins County budget. Mr. Desch stated that he feels there are several soft spots in the budget and called on all County legislators to make changes between now and December 7. Girard Oberrender, Town of Ithaca, spoke in opposition to the proposed 1994 Tompkins County budget. Mr. Obberender stated that he feels the County Board should be able to balance the County budget. Mary Beth Holub, Town of Newfield resident, spoke in opposition to the proposed 1994 Tompkins County budget and stated that as a farm owner, she is still producing milk at the same price she did in 1981. She stated that she appreciates Representative Todd's efforts to eliminate a property tax increase and asked that the Board cut some of the County's many expenses. Lorraine Gilbert, Town of Danby, spoke in opposition to the proposed 1994 Tompkins County budget. She stated that she cannot afford another increase in her property taxes. Ann Zientek, new homeowner in the Town of Newfield, spoke in opposition to the proposed 1994 Tompkins County budget. She asked that the County look into long term planning and see if there is something in the current proposal that can be modified. Rocco Lucente, Town of Ithaca, passed amongst the Board members a string and asked that the Board "Hold the Line on Taxes". Chairman Watros declared the public hearing to be adjourned at 8:48 p.m. Mr. Stein, Representative, District No. 1 suggested that Representatives wishing to propose amendments postpone doing so until December 7, 1993, following the public hearing. Present: 13 Representatives. Excused: 2 (Representatives Call and Culligan). It was Moved by Mr. Winch, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, to add the resolution entitled Authorizing a Public Hearing — 1994 Tompkins County Budget to the agenda. RESOLUTION NO. 322 — AUTHORIZING A PUBLIC HEARING — 1994 PROPOSED TOMPKINS COUNTY BUDGET AND CAPITAL PROGRAM Moved by Mr. Winch, seconded by Mr. Evans. It was Moved by Mr. Stein, seconded by Mr. Lerner, and unanimously adopted by voice vote by members present, to change the time of the public hearing from 5:30 p.m. to 7:00 p.m. A voice vote on the resolution as amended resulted as follows: Ayes — 13, Noes — 0, Excused — 2 (Representatives Call and Culligan). Adopted. WHEREAS, due to an oversight the notice of public hearing on the adoption of the proposed 1994 County Operating Budget and Capital Program was not published on November 20 as required by Section 5.06 of the Tompkins County Charter and Code, now therefore be it RESOLVED, That the Clerk of the Board shall cause a notice of public hearing on the same to be held on December 7, 1993, at 7:00 p.m. in the Board Chambers and that the said proposed Budget and Capital Program shall be further considered for adoption on that date. SEQR ACTION: EXEMPT OR TYPE II 302 November 30, 1993 (NO FURTHER ACTION NECESSARY) It was Moved by Mr. Lerner, seconded by Mr. Evans, and unanimously adopted by voice vote by members present, to Lift Resolution No. 301 — Adoption of 1994 Tompkins County Budget and Capital Program, from the Table. It was Moved by Mr. Stein, seconded by Mrs. Schuler, and unanimously adopted by voice vote by members present, to Table this resolution to the December 7, 1993, Public Hearing. Discussion followed concerning possible budget reductions and the impact that may occur with County departments. Mr. Heyman, County Administrator, was asked to retrieve a summary of these projected impacts from County depail,uents. Mr. Mason, Representative, District No. 15, questioned property tax rates of local municipalities. He stated following the imposition of a one percent sales tax increase and an agreement with the City of Ithaca, the City, as well as all municipalities within the County, received revenue from the County and benefited. He believes this is why property taxes have had very little or no increase for 1994 and the public needs to be made aware of this. Mr. Mason stated that he feels residents of some municipalities should be receiving decreases in their property taxes levied by municipalities as a result of the agreement. Chairman Watros declared recess from 9:10 — 9:18 p.m. It was Moved by Mr. Evans, seconded by Mr. Todd, and unanimously adopted by voice vote of members present, to enter into executive session at 9:18 to discuss contract negotiations. The meeting returned to open session at 9:43 p.m. On motion the meeting adjourned at 9:43 p.m. 303 December 7, 1993 Regular Meeting Public Hearing Chairman Watros called the public hearing to order at 5:30 p.m. concerning proposed Local Law No. 5 of 1993 - Amending Local Law No. 1 of 1993 - Authorizing the Establishment of an Annual Solid Waste Fee for Real Property in Tompkins County. Chairman Watros asked if anyone wished to speak? Mr. Lerner, Chairman of the Solid Waste and Resource Management Committee, said the Board will be voting on extending the proposed annual solid waste fee. He also stated the rates for the fee will not be established this evening, but will be in the form of a resolution on the December 21, 1993 Board agenda following a recommendation by the Budget and Administration Committee. He distributed copies of the recommendations for the annual fee. The present fee per household is $52 and the proposed fee per household being considered for 1994 is $45. He also discussed other proposed adjustments with the fee and said that negotiations with the colleges are not complete. He reiterated that there are no property tax dollars going into the solid waste budget. Holly Gump, Ringwood Road, Ithaca, stated that the fee may be going down but the service she receives will remain the same. Her garbage will continue to be picked up bi-weekly. Ben Curtis, Village of Trumansburg, spoke about his concern with the State Environmental Quantity Review determination. He feels illegal dumping has a significant impact on the environment. Another concern he has with the fee is that it is not tax deductible; tax deductions will be forgone. Mr. Taraskiewicz, Hanshaw Road, spoke about the petitions he filed with the Board on October 17 which opposed the annual solid waste fee. He asked that the law be repealed. Ernest Bury, Valley Road, stated his short term goal is to recycle everything that meets state mandates for recycling and his long term goal is to have a zero discharge waste stream; that is no material going to a landfill. He spoke about the mandatory recycling state law. He also spoke about the cost of collection and recycling for 1993. He urged the Board to re-examine the morass of what is mandatory verses what is a goal. Dooley Kiefer, Highland Road, said she supports the concept of an annual solid waste fee. She suggested the fee should be based on per capita rather than square footage. No one else wished to speak and the public hearing was closed at 5:48 p.m. Members and guests participated in the Pledge of Allegiance. Present: 15 Representatives. It was Moved by Mr. Proto, seconded by Mr. Evans, and unanimously adopted by voice vote, to approve the minutes of the November 16, 1993 meeting as submitted. Under privilege of the floor, Dr. Eduardo Marti, Tompkins Cortland Community College (TC3) President, said that the public service the Board provides should be recognized. The Board of Trustees authorized Dr. Marti to present proclamations to the five Board members who are retiring acknowledging the Board's appreciation for the years of dedicated service with the Tompkins County Board of Representatives. 304 December 7, 1993 Under privilege of the floor, Peter Meskill, on behalf of the Village of Trumansburg and Mayor Bennett, presented a proclamation to Representative Mason, District No. 15, for his contribution and dedicated volunteered fire and ambulance service to the Village of Trumansburg. The proclamation also declares December 10 as James A. Mason Day. Chairman Watros proclaimed the week of December 21, 1993 as Health Planning Council Week in Tompkins County. Chairman Watros also proclaimed December 8-14, 1993 as Human Rights Week in Tompkins County and presented the proclamation to Theda Zimrot, Human Rights Director. Under privilege of the floor, Margaret Marks, Department of Social Services employee, stated that she returned to work in the Biggs building on November 17. She stated that following her return to the Biggs building she had to see her physician because of complications. She states she is unable to work in the room. Ms. Marks also states that she has not received any compensation to date for her illness. She also spoke of the upcoming Christmas holiday and the financial hardship placed on her family as a result of her loss of income. Under privilege of the floor, Claudia Cinquanti, Department of Social Services employee, stated that she returned to work in the Biggs building against medical advice. She said that since returning she has had to seek medical attention and was advised to be signed out of work. Ms. Cinquanti requested that she and others affected by sick building syndrome be allowed to work at a location outside of Biggs. She also stated that carbonless forms continue to be used in the "clean room". Under privilege of the floor, Sharon Prezioso McLaughlin, Department of Social Services employee, stated she feels employees affected with sick building syndrome are being discriminated against in Biggs Building A. She stated that the employees names have been removed from the telephone directory for the Department. She stated that she will never regain her health but hopes something can be done to protect other workers not yet affected. Under privilege of the floor Barbara Mahoney, Department of Social Services employee, spoke concerning the effects she has suffered as a result of multiple chemical sensitivities and expressed concern for clients being interviewed at the Biggs building. Ms. Mahoney submitted for the record a letter from a person who applied for public assistance in March of 1993 which referred to medical problems as a result of being in the Biggs building. Under privilege of the floor, Yvonne Bartlett, Department of Social Services, stated that she has received notification from the New York State Department of Justice of their rights to sue the County for damages believed to been caused as a result of working in the Biggs building. Mrs. Bartlett submitted for the record the following documents: o Memo from Tricia Eth to Yvonne Bartlett dated December 6, 1993 regarding Yvonne Bartlett memo of November 23, 1993 o Letter from Yvonne Bartlett to Tricia Eth dated December 7, 1993 o Memo from Mary Pat Dolan to Claudia Cinquanti and Yvonne Bartlett dated December 6, 1993 regarding NCR paper o Letter from Mary Pat Dolan to Margaret Marks, Yvonne Bartlett and Claudia Cinquanti dated December 6, 1993 regarding Meeting of November 22, 1993 o Notice of Right to Sue Within 90 Days from the United States Department of Justice to Yvonne Bartlett regarding EEOC Charge Against Tompkins County Department of Social Services o Letter from Yvonne Bartlett to Yvonne Bartlett dated December 6, 1993 o CSEA Grievance Form completed by Yvonne Bartlett submitted December 2, 1993 o Letter from Yvonne Bartlett to Tricia Eth, Department of Social Services Supervisor dated December 6, 1993 305 December 7, 1993 Under privilege of the floor, Phil Shurtleff, Representative, District No. 9, thanked the media for the coverage on the annual solid waste fee and budget process. He said that at the appropriate time he would vote for the amendment to reduce the property tax to zero being offered by Representative Todd. He also expressed his concern with taking action on the 1994 Budget at a location other than Board Chambers. Chairman Watros dispensed with committee reports. Chairman Watros gave Mr. Mason permission to withdraw from the agenda the resolution entitled Authorizing the County Administrator to Enter into Agreements with New York Telephone Company for the installation of an Enhanced 911 Telephone System. It was Moved by Mr. Winch, seconded by Mr. Mason, and unanimously adopted by voice vote to add to the agenda the resolution entitled Design Review Services - Recycling and Solid Waste Center. RESOLUTION NO. 323 - AUTHORIZATION TO EXECUTE NYSDOH RABIES CONTRACT - HEALTH DEPARTMENT Moved by Mr. Proto, seconded by Mrs. Schuler, and unanimously adopted by voice vote. WHEREAS, the New York State Depai l►uent of Health has funding available to assist counties in the reimbursement of rabies expenses, now therefore be it RESOLVED, on recommendation of the Health and Education Committee, That the County Administrator is hereby authorized to sign any and all agreements necessary to participate in this program. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 324 - RECOMMENDATION TO IMPROVE REPORTING OF HAZARDOUS MATERIALS INCIDENTS Moved by Mr. Stein, seconded by Ms. Mink. A voice vote resulted as follows: Ayes - 14, Noes - 1 (Representative Shurtleff). Adopted. WHEREAS, the Air, Water and Waste Committee of the Environmental Management Council (EMC) has thoroughly reviewed the draft "Tompkins County Emergency Response Plan for Hazardous Materials Incidents", and WHEREAS, the EMC supports the Air, Water and Waste Committee's following recommendation to facilitate responses to hazardous spills: To increase citizen awareness of the Statewide Hazardous Materials Spills Hotline, the telephone number should be included on the inside cover of NYNEX or other New York State telephone directories under "Other Emergency Numbers", and WHEREAS, there have been hazardous materials incidents in Tompkins County which indicated the need for greater public awareness of spill reporting procedures, now therefore be it RESOLVED, on recommendation of the Planning Committee, That the Board of Representatives forward a resolution to the Honorable Thomas C. Jorling, Commissioner, New York State Depai tinent of Environmental Conservation, requesting that the Statewide Hazardous Materials Spills Hotline telephone number be added to the "Other Emergency Numbers" section of the New York State Telephone books. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) 306 December 7, 1993 RESOLUTION NO. 325 - AMENDMENT OF RESOLUTION NO. 309 OF 1989 - CHANGING MEMBERSHIP OF ADVISORY BOARD ON TOURISM DEVELOPMENT Moved by Mr. Stein, seconded by Ms. Mink.- A voice vote resulted as follows: Ayes - 14, Noes - 1 (Representative Shurtleff). Adopted. WHEREAS, Resolution No. 309 of October 10, 1989 created an Advisory Board on Tourism Development, and WHEREAS, Resolution No. 85 of March 6, 1990 and Resolution No. 136 of April 16, 1991 increased membership of the Advisory Board on Tourism Development, and WHEREAS, said Advisory Board was to be comprised of the following membership: 3 members representing the Board of Representatives 2 members representing the operators of hotels/motels/inns/restaurants 2 members representing the arts organizations 1 member representing the general business community 1 member representing Cornell University 1 member representing Ithaca College 1 ex -officio member representing the Convention and Visitors' Bureau 1 ex -officio member representing the Community Arts Partnership , now therefore be it RESOLVED, on recommendation of the Planning Committee, That Resolution No. 309 of 1989 be and hereby is amended to add one voting member representing parks/outdoor recreation to the Advisory Board on Tourism Development. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 326 - RENEWAL - TOMTRAN LANSING/DANBY CONTRACT WITH TIOGA TRANSPORT, INC. Moved by Mr. Stein, seconded by Ms. Mink. A voice vote resulted as follows: Ayes - 14, Noes - 1 (Representative Shurtleff). Adopted. WHEREAS, since 1990, Tompkins County has contracted with Tioga Transport, Inc. to operate public transit service in the Towns of Lansing, Danby, Ithaca and the City of Ithaca (Resolution No. 328 of 1990 and Resolution No. 461 of 1990), and WHEREAS, Tioga Transport, Inc. has successfully operated said routes under supervision of Tompkins County, and WHEREAS, Tioga Transport, Inc. and Tompkins County agree on the following prices: Price to operate a contractor -owned bus $31.50/hour Price to operate a County -owned bus $23 .75/hour with the agreement that the above prices would remain in effect through December 31, 1994, after which mutually agreed upon rates shall be effective, and WHEREAS, Tompkins County and Tioga Transport, Inc. desire to renew for a two-year period of January 1, 1994 to December 31, 1995, now therefore be it RESOLVED, on recommendation of the Planning Committee, That the Tompkins County Board of Representatives authorizes the County Administrator, or designee, to act on behalf of the County of Tompkins to execute a contract renewal with Tioga Transport, Inc. for a two year term from January 1, 1994 to December 31, 1995, with successive renewals as may be desired. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) 307 December 7, 1993 RESOLUTION NO. 327 - AUTHORIZING 1994 FEDERAL SECTION 9 PUBLIC TRANSIT GRANT Moved by Mr. Stein, seconded by Ms. Mink. A voice vote resulted as follows: Ayes - 14, Noes - 1 (Representative Shurtleff). Adopted. WHEREAS, the Secretary of the United States Department of Transportation is authorized to make grants for mass transportation projects pursuant to the Federal Transit Act of 1964, as amended, and WHEREAS, the County of Tompkins is the designated recipient of Section 9 Urban Transit funds and will apply on behalf of the City of Ithaca and other transit providers to receive and use said funds, and WHEREAS, the County of Tompkins desires to submit a request for a grant of funds to the New York State Depalfluent of Transportation and the Federal Transit Administration, pursuant to Section 9 of the Federal Transit Act of 1964, as amended, in the amount of $384,408, and WHEREAS, the Federal Section 9 funding will be used as follows: Transit operating assistance - $244,000, capital projects - $118,480, and transit planning - $21,928, and WHEREAS, the project was approved by the Ithaca -Tompkins County Transportation Council and is included on the 1993 Transportation Improvement Program, as amended, now therefore be it RESOLVED, on recommendation of the Planning Committee, That the Tompkins County Board of Representatives authorizes the County Administrator, or designee, to execute and file and application on behalf of the County of Tompkins, with the United States Depai tment of Transportation and the New York State Department of Transportation to aid in financing the 1994 Section 9 Grant, RESOLVED, further, That the County Administrator, or designee, is authorized to execute grant agreements on behalf of the County of Tompkins with the United States Department of Transportation and the New York State Department of Transportation, and any third party subcontractor necessary to complete the Project. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 328 - AUTHORIZING 1994 FEDERAL SECTION 18 PUBLIC TRANSIT GRANT - TOMTRAN Moved by Mr. Stein, seconded by Ms. Mink. A voice vote resulted as follows: Ayes - 14, Noes - 1 (Representative Shurtleff). Adopted. WHEREAS, the County of Tompkins is submitting a request for a grant of funds to the New York State Depaitment of Transportation and the United States Department of Transportation, pursuant to Section 18 of the Federal Transit Act of 1964, as amended, for a Project to provide for public mass transportation service for TOMTRAN Rural Transit serving the City of Ithaca and Towns of Ithaca, Dryden, Caroline, Danby, Newfield, Ulysses, Lansing and Groton, to be operated by C.U. (Cornell University) Transit, Inc. and Tioga Transport, Inc. in the amount of $69,000 for the 1994 fiscal year, and WHEREAS, the County of Tompkins and the State of New York have entered into a continuing Agreement for a ten-year period which authorized the undertaking of the Project and payment of the federal share identified as State Contract C002157, now therefore be it RESOLVED, on recommendation of the Planning Committee, That the Board of Representatives authorizes the County Administrator, or designee, to act on behalf of the County of Tompkins to sign the annual grant application and to progress and complete the above named Project, RESOLVED, further, That the County Administrator, or designee, is authorized to sign any contracts or agreements between the County of Tompkins and any third party subcontractor necessary to complete the Project. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) 308 December 7, 1993 RESOLUTION NO. 329 - AUTHORIZING PAYMENT OF FEDERAL TRANSIT FUNDS TO CITY OF ITHACA Moved by Mr. Stein, seconded by Ms. Mink. A voice vote resulted as follows: Ayes - 14, Noes - 1 (Representative Shurtleff). Adopted. WHEREAS, Tompkins County and the City of Ithaca approved a supplemental agreement to designate Tompkins County as the designated recipient of federal transit funds (Resolution Nos. CA101- 92 dated December 7, 1992, pursuant to Federal Transit Act of 1964, as amended, and WHEREAS, the County, as the designated recipient, is the sole applicant for federal transit funds for Section 3, 9 and 18 programs, and WHEREAS, the County applied for Federal Section 9 funds on behalf of the City of Ithaca and the County for the years of 1992, 1993 and 1994 and desires to pass through FTA funds to the City as they are received, now therefore be it RESOLVED, on recommendation of the Planning Committee, That the Tompkins County Board of Representatives authorizes the County Comptroller to make necessary adjustments to the 1993 TOMTRAN Budget A5630.4594 (federal revenue) and A5630.4425 (Appropriations - Contract Services) to pay the City of Ithaca Federal Section 9 funding for transit operating assistance as follows: Federal Section 9 Year $191,357 1992 166,000 1993 Total $357,357 SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 330 - REQUEST THE BOARD OF REPRESENTATIVES HOLD A SPECIAL SESSION ON COMPREHENSIVE PLANNING IN 1994 Moved by Mr. Stein, seconded by Ms. Mink. A voice vote resulted as follows: Ayes - 14, Noes - 1 (Representative Shurtleff). Adopted. WHEREAS, the Tompkins County economy is in a period of change, and WHEREAS, there will need to be a coordinated approach to respond to this change from local businesses, institutions, and governments, and WHEREAS, Tompkins County has an important role to play to foster appropriate economic development, now therefore be it RESOLVED, on recommendation of the Planning Committee, That the Tompkins County Board of Representatives devote a special session early in 1994 to discuss the future of Tompkins County's economy and authorize work on a strategic economic plan as part of the County's comprehensive planning program, RESOLVED, further, That the Tompkins County Planning Board recommends that the Board of Representatives invite to that special session members of the Comprehensive Planning Steering Committee, Tompkins County Planning Department, Tompkins County Area Development, Chamber of Commerce, and local municipalities, chambers of commerce and economic development organizations. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 331 - APPROVAL OF CORNELL UNIVERSITY CONTRACT TO PRODUCE DIGITAL ELEVATION TERRAIN MODEL FOR TOMPKINS COUNTY 309 December 7, 1993 Moved by Mr. Stein, seconded by Ms. Mink. A voice vote resulted as follows: Ayes - 14, Noes - 1 (Representative Shurtleff). Adopted. WHEREAS, the program narrative supports the development of information on watersheds and monies exist in the Aquatic Vegetation Control Program (8022) Account to support GIS (Geographic Information System) activities, and WHEREAS, the CLEARS Program within the Center for the Environment at Cornell University has developed procedures to generate digital elevation models based on United States geological seven and one-half minute topological maps, and WHEREAS, the aquatic program has need of this information to assist in modeling efforts, and WHEREAS, other County programs will also benefit from the information including comprehensive planning, GIS database development, and transportation analysis, now therefore be it RESOLVED, on recommendation of the Planning Committee and on approval of the Board of Representatives, That the County Administrator is authorized to enter into appropriate agreement(s) with Cornell University to acquire digital elevation terrain models for Tompkins County at a cost not to exceed $7,500. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 332 - AUTHORIZATION TO SIGN LICENSE AGREEMENT WITH NEW YORK STATE ELECTRIC AND GAS (NYSEG) Moved by Mr. Stein, seconded by Ms. Mink. A voice vote resulted as follows: Ayes - 14, Noes - 1 (Representative Shurtleff). Adopted. WHEREAS, the County, New York State Electric and Gas, City of Ithaca, Town of Ithaca and Cornell university have been involved in a joint capital program venture to produce a planimetric map for the County, and WHEREAS, this project is now nearing completion and the parties are concerned that the information be maintained and that each of the parties will bear a portion of the responsibility to maintain this information in a current state, and WHEREAS, current State, legislation does not permit the County to charge requestors of the information under the Freedom of Information Act, and WHEREAS, the parties have collectively agreed that there is a need and interest to be able to cover costs of maintaining, updating and in addition recover some of the development costs from municipalities and private concerns not a party to the development costs of the project, and WHEREAS, the only procedure now available to protect the database from unrestrictive reproduction and resale is through a license arrangement with New York State Electric and Gas, now therefore be it RESOLVED, on recommendation of the Planning Committee and approval of the Board of Representatives, That the County Administrator is authorized to enter into an interim license agreement and that this agreement shall continue pending changes in State legislation or other negotiations which may alter the need to continue the said arrangement. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 333 - AUTHORIZATION TO AWARD TOURISM PROMOTION GRANTS - ADVISORY BOARD ON TOURISM DEVELOPMENT Moved by Mr. Stein, seconded by Ms. Mink. A voice vote resulted as follows: Ayes - 14, Noes - 1 (Representative Shurtleff). Adopted. 310 December 7, 1993 WHEREAS, the Advisory Board on Tourism Development has responsibility for the review of grant proposals for tourism related projects in Tompkins County, and WHEREAS, the Dewitt Historical Society, Caroline Bicentennial, Ithaca Opera, Early Music Association, Farmers Market, Upstairs Gallery, Kitchen Theatre, and the Finger Lakes Bach Festival have submitted applications for funding from the County through the Advisory Board on Tourism Development, and WHEREAS, the Advisory Board on Tourism Development has found the above-mentioned grant requests to be worthy of funding and appropriate to the mission of the Advisory Board on Tourism Development, now therefore be it RESOLVED, on recommendation of the Planning Committee, That the following grants be awarded: Dewitt Historical Society $10,000 Caroline Bicentennial $ 2,000 Ithaca Opera $ 2,000 Early Music Association $ 4,000 Farmers Market $ 5,000 Upstairs Gallery $ 760 Kitchen Theatre $ 6,000 Finger Lakes Bach Festival $ 2,000 Total $31,760 SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 334 - AWARD OF CONTRACT - DOWNSTREAM FOREST HOME DRIVE OVER FALL CREEK BRIDGE REPLACEMENT DESIGN Moved by Mr. Winch, seconded by Mr. Stein. A voice vote resulted as follows: Ayes - 13, Noes - 2 (Representatives Proto and Shurtleff). Adopted. WHEREAS, the Division of Purchasing and Central Services has duly advertised for Proposals for Downstream Forest Home Drive Over Fall Creek Replacement Design, and WHEREAS, four (4) proposals were received on October 15, 1993, now therefore be it RESOLVED, on recommendation of the Public Works and Construction Management Committee, That the Proposal received from MRB Group of Rochester, New York for $24,830 be and hereby is accepted, RESOLVED, further, That the County Administrator is authorized to execute an agreement with MRB Group and execute change orders up to the project contingency of $2,430. Funds to be provided in Account No. D5010.4411. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 335 - AWARD OF BID - WROUGHT IRON BRIDGE TRUSS AND STEEL GRID DECK Moved by Mr. Winch, seconded by Mr. Stein. A voice vote resulted as follows: Ayes - 13, Noes - 2 (Representatives Proto and Shurtleff). Adopted. WHEREAS, the Division of Purchasing and Central Services has duly advertised for bids for the sale of one (1) wrought iron bridge truss and steel grid deck, and WHEREAS, two (2) bids were received and publicly opened and read on Tuesday, November 30, 1993, now therefore be it 311 December 7, 1993 RESOLVED, on recommendation of the Public Works and Construction Management Committee, That the bid submitted by Joseph Oliver of Brooktondale, New York be accepted as the highest responsible bidder with a bid of $519, RESOLVED, further, That the Public Works Division of Engineering be authorized to implement this bid on behalf of the County. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 336 - DESIGN REVIEW SERVICES RECYCLING AND SOLID WASTE CENTER Moved by Mr. Winch, seconded by Mr. Stein. A voice vote resulted as follows: Ayes - 13, Noes - 2 (Representatives Proto and Shurtleff). Adopted. RESOLVED, on recommendation of the Public Works and Construction Management Committee, That the County Administrator be authorized to sign an agreement with Malcolm Pirnie of 2 Corporate Park Drive, White Plains, New York for Design Review Services for the Recycling and Solid Waste Center for a total not to exceed $39,820. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 337 - AUDIT OF FINAL PAYMENT - SNYDER ROAD RELOCATION AND FENCING (CONSTRUCTION) - ORCHARD EARTH AND PIPE CORPORATION Moved by Mr. Winch, seconded by Mr. Todd. A short roll call vote resulted as follows: Ayes - 15, Noes - 0. Adopted. RESOLVED, on recommendation of the Public Works and Construction Management Committee, That the following claim against the County of Tompkins, be and hereby is audited, by the, Board of Representatives: Vendor Payment Request Account No. Amount Orchard #3 (Final) HX.5698.9213 $66,854.20 Earth and Pipe Construction RESOLVED, further, That the Comptroller be and hereby is authorized and directed to pay said claim from Account No. HX.5698.9213. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 338 - AUDIT OF FINAL PAYMENT - OLD JAIL RENOVATION - CHRISTA CONSTRUCTION Moved by Mr. Winch, seconded by Mrs. Call. A roll call vote resulted as follows: Ayes - 14, Noes - 1 (Representative Proto). Adopted. RESOLVED, on recommendation of the Public Works and Construction Management Committee, That the following claim against the County of Tompkins, be and hereby is audited by the Board of Representatives: Vendor Payment Request Account No. Amount Christa Construction 12 (Final) HV3151.9239 $29,749.95 312 December 7, 1993 RESOLVED, further, That the Comptroller be and hereby is authorized and directed to pay said claim from Account No. HV3151.9239. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 339 - AUDIT OF FINAL PAYMENT - COURTHOUSE ANNEX - CHRISTA CONSTRUCTION Moved by Mr. Winch, seconded by Mr. Stein. A short roll call vote resulted as follows: Ayes - 15, Noes - 0. Adopted. RESOLVED, on recommendation of the Public Works and Construction Management Committee, That the following claim against the County of Tompkins, be and hereby is audited by the Board of Representatives: Vendor Payment Request Account No. Amount Christa Construction 8 (Final) HQ1355.9239 $ 2,850 RESOLVED, further, That the Comptroller be and hereby is authorized and directed to pay said claim from Account No. HQ1355.9239. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 340 - AUDIT OF FINAL PAYMENT - COURTHOUSE RENOVATION — CHRISTA CONSTRUCTION Moved by Mr. Winch, seconded by Mr. Mason. A short roll call vote resulted as follows: Ayes - 15, Noes - 0. Adopted. RESOLVED, on recommendation of the Public Works and Construction Management Committee, That the following claim against the County of Tompkins, be and hereby is audited by the Board of Representatives: Vendor Payment Request Account No. Amount Christa Construction 12 (Final) HQ1620.9239 $29,309.42 RESOLVED, further, That the Comptroller be and hereby is authorized and directed to pay said claim from Account No. HQ1620.9239. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 341 - AUDIT OF FINAL PAYMENT - T -HANGARS - DANIEL J. LYNCH, INC. Moved by Mr. Winch, seconded by Mr. Todd. A short roll call vote resulted as follows: Ayes - 15, Noes - 0. Adopted. RESOLVED, on recommendation of the Public Works and Construction Management Committee, That the following claim against the County of Tompkins, be and hereby is audited by the Board of Representatives: Vendor Payment Request Account No. Amount Daniel J. Lynch, Inc. 5 (Final) HT5612.9239 $15,253.95 RESOLVED, further, That the Comptroller be and hereby is authorized and directed to pay said claim from Account No. HT5612.9239. SEQR ACTION: EXEMPT OR TYPE II 313 December 7, 1993 (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 342 - AUTHORIZATION TO EXECUTE EXTENSION OF SNOW AND ICE AGREEMENT WITH THE STATE OF NEW YORK Moved by Mr. Winch, seconded by Mr. Culligan, and unanimously adopted by voice vote. WHEREAS, the County of Tompkins has heretofore entered into an agreement with the State of New York pursuant to Section twelve (12) of the Highway Law relating to control of snow and ice on State Highways in towns and incorporated villages, and WHEREAS, Section seven (7) and ten (10) of said agreement respectively proved a method of modifying the map of affected State highways and for annually updating the estimated expenditures, and WHEREAS, it would be in the best interest of the County to extend said agreement currently set to expire June 30, 1994 as modified and updated, for an additional one-year period, now therefore be it RESOLVED, on recommendation of the Public Works and Construction Management Committee, That an extension of said snow and ice agreement is hereby authorized for a period of one year from July 1, 1994 through June 30, 1995, and the County Administrator be and hereby is authorized and directed to execute such extension on behalf of the County. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 343 - AUDIT OF FINAL PAYMENT - SOLID WASTE OFFICE/ENTRY - PANKO ELECTRICAL AND MAINTENANCE Moved by Mr. Winch, seconded by Mr. Culligan. A roll call vote resulted as follows: Ayes - 13, Noes - 2 (Representatives Proto and Shurtleff). Adopted. RESOLVED, on recommendation of the Public Works and Construction Management Committee, That the following claim against the County of Tompkins, be and hereby is audited by the Board of Representatives: Vendor Payment Request Account No. Amount Panko Electrical and Maint. 13 (Final) HH8167.9239 $1,647.68 RESOLVED, further, That the Comptroller be and hereby is authorized and directed to pay said claim from Account No. UE8167.9239. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 344 - ADOPTION OF LOCAL LAW NO. 5 OF 1993 - AMENDING LOCAL LAW NO. 1 OF 1993 - AUTHORIZING THE ESTABLISHMENT OF AN ANNUAL SOLID WASTE FEE FOR REAL PROPERTY IN TOMPKINS COUNTY Moved by Mrs. Call, seconded by Mr. Lerner. A voice vote resulted as follows: Ayes - 11, Noes - 4 (Representatives Proto, Schuler, Shurtleff, and Stein). Adopted. WHEREAS, a public hearing was held before the Board of Representatives on October 5, 1993 to hear all persons interested in proposed Local Law No. 5 of 1993, now therefore be it RESOLVED, on recommendation of the Budget and Administration Committee, That said proposed Local Law No. 5 of 1993 - Amending Local Law No. 1 of 1993 - Authorizing the Establishment of an Annual Fee for Real Property in Tompkins County is adopted, 314 December 7, 1993 RESOLVED, further, That the Clerk of the Board publish in the official newspaper of Tompkins County a notice of adoption containing a synopsis of said local law, and shall within five (5) days file one certified copy in the office of the County Clerk and three (3) certified copies in the office of the Secretary of State. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 345 - AUTHORIZATION TO EXECUTE FOURTH AMENDED CONSENT ORDER WITH THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Moved by Mr. Lerner, seconded by Mr. Evans, and unanimously adopted by voice vote. WHEREAS, the County of Tompkins (the "County"), Landstrom Gravel Company, Inc., and the Depai liiient of Environmental Conservation (the "DEC") entered into a Consent Order relative to the closure of a landfill located on Hillview and Michigan Hollow Roads in the Town of Spencer, Tioga County, New York and the Town of Danby, Tompkins County, New York, formerly known as the Landstrom Landfill, and WHEREAS, by Resolution No. 163 dated June 21, 1988, this Board authorized the Chairman to execute a second Amended Consent Order with Landstrom Gravel Company, Inc. and the DEC, and Resolution No. 514 dated December 17, 1991, this Board authorized the Chairman to execute a certain Third Amended Consent Order, and WHEREAS, representatives of the DEC and the County have met to negotiate the terms and conditions of a proposed Fourth Amended Consent Order (Case No. R7-0585-90-12), and WHEREAS, the proposed action is exempt pursuant to SEQRA 6 NYCRR Section 617.2 (q)(i) as it involves Civil Enforcement Proceedings, now therefore be it RESOLVED, on recommendation of the Solid Waste and Resource Management Committee, That the Chairman of this Board of Representatives is hereby authorized and directed to execute a Fourth Amended Consent Order with the New York State Department of Environmental Conservation permitting the extended use of the Hillview Transfer Facility until March 1, 1995 and the Interim Composting Facility until December 31, 1994, RESOLVED, further, That the Chairman of the Board of Representatives is authorized to further negotiate amendments of said Fourth Amended Consent Order as may be appropriate hereafter under the circumstances. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 346 - AUTHORIZING A PUBLIC HEARING ON PROPOSED LOCAL LAW NO. 6 OF 1993 - FLOW CONTROL OF SOLID WASTE AND HAULERS LICENSING Moved by Mr. Lerner, seconded by Mrs. Call. A voice vote resulted as follows: Ayes - 14, Noes - 1 (Representative Shurtleff). Adopted. RESOLVED; on recommendation of the Solid Waste and Resource Management Committee, That a public hearing be held before the Board of Representatives at Board Chambers of the Tompkins County Courthouse, 320 North Tioga Street, Ithaca, New York on December 21, 1993 at 5:30 o'clock in the evening thereof concerning proposed Local Law No. 6 of 1993 - Flow Control of Solid Waste and Haulers Licensing. At such time and place all persons interested in the subject matter will be heard concerning the same. RESOLVED, further, That the Clerk of the Board is hereby authorized and directed to place proper notice of such public hearing in the official newspaper of the County. 315 December 7, 1993 SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 347 - ACCEPTING THE FINAL GENERIC ENVIRONMENTAL IMPACT STATEMENT FOR THE TOMPKINS COUNTY SOLID WASTE MANAGEMENT PLAN Moved by Mr. Lerner, seconded by Mrs. Call. A short roll call vote resulted as follows: Ayes - 15, Noes - 0. Adopted. WHEREAS, the Tompkins County Board of Representatives has proposed a Solid Waste Management Plan to address the current and future solid waste management needs of Tompkins County, and WHEREAS, the Tompkins County Board of Representatives is Lead Agency under the New York State Environmental Quality Review Act ("SEQRA") for the adoption of the County's Solid Waste Management Plan ("SWMP"), and WHEREAS, the Draft Generic Environmental Impact Statement (DGEIS) was determined complete by the Tompkins County Board of Representatives in its capacity as Lead Agency on October 19, 1993 and was filed and circulated along with a Notice of Completion of Draft Generic Environmental Impact Statement (DGEIS) to other involved or interested local and state agencies and the public as required by the SEQRA Regulations (6 NYCRR Part 617), and WHEREAS, the Tompkins County Board of Representatives duly noticed public hearing to solicit comments on the DGEIS from all interested persons, which was held on November 9, 1993 at which time all members of the public wishing to make statements concerning the DGEIS were heard, and WHEREAS, a proposed Final Generic Environmental Impact Statement ("FGEIS") has been prepared which consists of the DGEIS, revisions to the DGEIS, the substantive public comments for the DGEIS and the responses thereto, together with additional information and data prepared in response to the public comments received, and WHEREAS, the members of the Tompkins County Board of Representatives have had an opportunity to review the public comments received on the DGEIS and the FGEIS for completeness, and WHEREAS, a finding by the Lead Agency that the FGEIS is complete does not commit the Lead Agency in its subsequent decision-making capacity to either unconditionally accept, reject or otherwise approve or disapprove of the SWMP, now therefore be it RESOLVED, on recommendation of the Solid Waste and Resource Management Committee, That the Tompkins County Board of Representatives, as Lead Agency, has determined that the FGEIS for the SWMP is complete and hereby directs that the FGEIS be filed and circulated as required by the SEQRA Regulations, RESOLVED, further, That the FGEIS be made available to the public for consideration and in order to facilitate such consideration the FGEIS shall be filed at the following locations: Tompkins County Board of Representatives 320 North Tioga Street Ithaca, New York 14850 Solid Waste Division 122 Commercial Avenue Ithaca, New York 14850 RESOLVED, further, That the Tompkins County Board of Representatives authorizes and directs the Chairman of the Board of Representatives to file a Notice of Completion of the FGEIS, and to take such other actions as may be necessary and desirable to comply with the SEQRA Regulations. SEQR ACTION: TYPE I OR UNLISTED (DETERMINATIONS OR FINDINGS INCLUDED HEREIN) 316 December 7, 1993 RESOLUTION NO. 348 - AMENDMENT OF RESOLUTION NO. 263 OF OCTOBER 22, 1979 - TOMPKINS COUNTY FAMILY COURT ADVISORY COUNCIL Moved by Mr. Mason, seconded by Mrs. Schuler, and unanimously adopted by voice vote. WHEREAS, Resolution No. 263 of October 22, 1979 created a Tompkins County Family Court Advisory Council, now therefore be it RESOLVED, on recommendation of the Public Safety Committee, That Resolution No. 263 be and hereby is amended by increasing membership to include a Mental Health Clinic representative for a three-year term, RESOLVED, further, That all other items in Resolution No. 263 will remain unchanged. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 349 - AUTHORIZING A PUBLIC HEARING ON PROPOSED LOCAL LAW NO. 7 OF 1993 - IMPOSING A SURCHARGE ON TELEPHONE ACCESS LINES TO RAISE REVENUES FOR THE SYSTEM COSTS ASSOCIATED WITH THE CREATION OF AN ENHANCED 911 EMERGENCY TELEPHONE SYSTEM IN TOMPKINS COUNTY Moved by Mr. Mason, seconded by Mrs. Schuler, and unanimously adopted by voice vote. RESOLVED, on recommendation of the Public Safety Committee, That a public hearing be held before the Board of Representatives at Board Chambers of the Tompkins County Courthouse, 320 North Tioga Street, Ithaca, New York on December 21, 1993 at 5:30 o'clock in the evening thereof concerning proposed Local Law No. 7 of 1993 - Imposing a Surcharge on Telephone Access Lines to Raise Revenues for the System Costs Associated with the Creation of an Enhanced 911 Emergency Telephone System in Tompkins County. At such time and place all persons interested in the subject matter will be heard concerning the same. RESOLVED, further, That the Clerk of the Board is hereby authorized and directed to place proper notice of such public hearing in the official newspaper of the County. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) RESOLUTION NO. 350 - AUTHORIZING A PUBLIC HEARING ON PROPOSED LOCAL LAW NO. 8 OF 1993 - A LOCAL LAW OF THE COUNTY OF TOMPKINS, STATE OF NEW YORK, REQUIRING SUBMISSION OF ASSIGNED COUNSEL VOUCHERS FOR PAYMENT WITHIN NINETY DAYS OF COMPLETION OF SERVICES Moved by Mr. Mason, seconded by Mrs. Schuler, and unanimously adopted by voice vote. RESOLVED, on recommendation of the Public Safety Committee, That a public hearing be held before the Board of Representatives at Board Chambers of the Tompkins County Courthouse, 320 North Tioga Street, Ithaca, New York on December 21, 1993 at 5:30 o'clock in the evening thereof concerning proposed Local Law No. 8 of 1993 - A Local Law of the County of Tompkins, State of New York, Requiring Submission of Assigned Counsel Vouchers for Payment Within Ninety Days of Completion. At such time and place all persons interested in the subject matter will be heard concerning the same. RESOLVED, further, That the Clerk of the Board is hereby authorized and directed to place proper notice of such public hearing in the official newspaper of the County. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) 317 December 7, 1993 RESOLUTION NO. 351 - AUTHORIZATION TO EXECUTE A CONTRACT WITH FOODNET Moved by Ms. Mink, seconded by Mr. Evans, and unanimously adopted by voice vote. WHEREAS, the Office for the Aging contracts with Foodnet to provide home delivered meals to appropriate elderly, and WHEREAS, Foodnet wishes to initiate an effort in 1994 to request payment for such meals from those who can afford to do so, and WHEREAS, no appropriate senior will be denied meal service because of non-payment for meals, now therefore be it RESOLVED, on recommendation of the Human Services Committee, That the Office for the Aging, is authorized to execute a contract with Foodnet in the amount of $6,500 to pay salary and fringe for personnel making the private pay screening assessment. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) It was Moved by Mrs. Call, seconded by Mr. Evans, and unanimously adopted by voice vote, to lift from the Table the following resolution: RESOLUTION NO. 319 - AUTHORIZATION TO EXECUTE AGREEMENT WITH THIRD PARTY ADMINISTRATOR FOR SELF INSURANCE OF WORKER'S COMPENSATION CLAIMS, TRANSFER FROM DEPARTMENTAL WORKER'S COMPENSATION SUB - ACCOUNTS TO WORKER'S COMPENSATION INSURANCE RESERVE ACCOUNT, AND AUTHORIZATION TO EXECUTE AGREEMENT WITH SEDGWICK JAMES, INC., AS BROKER FOR CATASTROPHIC LOSS INSURANCE COVERAGE FOR WORKER'S COMPENSATION CLAIMS Moved by Mrs. Call, seconded by Mr. Evans, and unanimously adopted by voice vote. RESOLVED, on recommendation of the Budget and Administration Committee, That the County Administrator is authorized and directed to execute an agreement with RMSCO to provide third party administrator services in connection with a conversion effective January 1, 1994 to self-insurance for worker's compensation claims, RESOLVED, further, That the Comptroller is directed to transfer funds from departmental worker's compensation subaccounts in the 1994 budget so as to fund fully the reserve for payment of claims as recommended by said Administrator, RESOLVED, further, That the County Administrator is authorized and directed to execute an amendment to the County's brokerage contract with Sedgwick James of New York, Inc., to broker an insurance policy for catastrophic losses from worker's compensation claims, RESOLVED, further, That the County Administrator or designee is authorized to execute all required documentation in connection with this change to self insurance with catastrophic protection. SEQR ACTION: EXEMPT OR TYPE II (NO FURTHER ACTION NECESSARY) It was Moved by Mrs. Call, seconded by Mr. Evans, and unanimously adopted by voice vote, to adjourn the meeting and reconvene at Kulp Auditorium, Ithaca High School, at 6:40 p.m. 318 December 7, 1993 Chairman Watros called the public hearing to order at 7:00 p.m. concerning the proposed 1994 Tompkins County Budget and Capital Program. Chairman Watros opened the public hearing concerning the proposed 1994 Tompkins County Budget and Capital Program at 7:10 p.m. Mr. Watros introduced Representatives and staff seated on the stage and. established guidelines for speakers. He stated that every person wishing to speak would have an opportunity to address the Board for three minutes and asked that there be no applause between speakers. Margaret Dill, Executive Director, Human Services Coalition, and Town of Lansing resident, stated that she felt if it is important to cut taxes, doing so by cutting across the board would result in a disservice to everyone. She stated that by cutting services, it would be more costly to taxpayers in the long -run. Ed Swayze, Information and Referral (I&R) Service of the Human Services Coalition and Lansing resident, spoke of the increased demand for I&R services and expressed support for other services offered by the Coalition. Paul Eberts, Chairman, Economic Opportunity Corporation Board, stated that he felt that generally when budgets get cut the low income people are the ones who get hurt. Mr. Eberts expressed opposition to cutting across the board because by doing so, the quality of the community would diminish. He stated that until people understand problems of human services in the County they won't be able to respond to the needs of the County. He asked that funding for human services agencies be left in as much tact as possible. Lynn Jackier, Drop -In Children's Center, stated that the Center received a huge cut in 1991 and has been working since that time to get that money back. She stated that the services provided by the Center is to prevent parents from using other services later. She stated that additional cuts will cause the Center to deteriorate. Mary Ann Lapinski, Trumansburg resident, spoke on behalf of the Learning Web. She asked that the Board not give in to easy decisions and expressed opposition to across the board cuts. She stated she feels the deterioration of services puts youth at risk. Judith VanAllen, Director of Offender Aid Restoration, urged the Board not to cut human services funding. She stated that O.A.R. is an agency run on a very tight budget with a low budget for salaries. She gave examples of specific budget cuts undertaken by the Agency in 1991, 1992 and 1993. John Rowley, local Attorney and member of the Criminal Justice Advisory/Alternatives to Incarceration Board, expressed opposition to any cuts being made to Offender Aid Restoration. He stated although he does not want to pay higher taxes, he is willing to do so. Mr. Rowley suggested a freeze on current levels of funding. Rebecca Snyder, City of Ithaca homeowner, expressed support for funding to the Drop-in Children's Center. She stated that she feels that service provided by that Agency is important to the community. Sally Wesselo, B.O.C.E.S. ESL Program Coordinator, stated that the program is not supported by Tompkins County but stated that several persons involved in the program use the services of the Drop -In Children's Center. She urged the Board's support of this Agency. Tony Poole, member of the Southside Community Center and the Human Rights Commission, stated that for the past few years the Southside Community Center has received the same allocation from 319 December 7, 1993 the County to operate the community center at Southside. Mr. Poole asked the Board not to subject the Center to further budget cuts. Joan Farbman, member of the Child Sexual Abuse and Battered Women's Task Forces, stated that she feels it takes much longer to repair damage than to cause it and just because services are not mandated, it does not mean that they are not just as crucial. Ms. Farbman stated that the Task Forces do their work by Remediation and asked the Board to not cut funding. Marcia Fort, City of Ithaca resident and Director of a human services agency, said unemployment is a problem and the need for advocacy and services has not decreased. David Leahy, Better Housing of Tompkins County and City of Ithaca resident, asked for the Board to support funding to Better Housing of Tompkins County. He stated that Better Housing helps improve housing opportunities for lower income families in Tompkins County. The funding received by the Agency goes to the home repair program. The Agency makes 55-65 emergency and/or health and safety repairs per year. Another program protects and maintains existing housing structures. He stated that the funds in excess of $600,000 used by the program are put back into the local economy. Louise Miller, Director of the Child Sexual Abuse Project, spoke not only as someone who is a taxpayer but someone who supports human services and feels the agencies are important to the community. Krys Cail, Treasurer for the Drop -In Children's Center, spoke in support of the Center and stated that the Center helps single people on welfare get off welfare. She also stated that she and her husband own a business in Tompkins County and are not members of the Chamber of Commerce. She feels that the Chamber does not represent their needs. Melissa Edmunds, Drop -In Children's Center supporter, urged the Board not to cut funding to the Center. Valorie Rockney, Director of Literacy Volunteers, and City of Ithaca resident, stated that she is not comfortable with programs that don't stay within their budget guidelines and come in over budget. She stated that Literacy Volunteers is a free and confidential tutoring of basic English and reading skills using volunteer tutors. Ms. Rockney stated that the Agency receives support from several other sources and in July laid off three staff members and reduced the number of students they can accept. She said that the services provided by the Agency are provided by volunteers and are cost effective and cause savings in the long run. Tom Vanderzee, Town of Danby resident, spoke on behalf of Cooperative Extension. He stated that every dollar received by the County can be leveraged to two dollars in matching state and federal grants. He stated he is opposed to making across the board cuts. Mike May, Cooperative Extension Board of Directors, stated he is opposed to across the board cuts. He asked that the Board take time to analyze services. Mr. May said that funding from the County is needed by the Extension to bring in State and Federal funding. Dr. Eduardo Marti, President, Tompkins Cortland Community College, stated that he is opposed to across the board cuts. He asked that if the Board had to reduce the budget, to fund only those who provide efficient service. Nancy Spero, Co -Director, AIDS Work of Tompkins County, stated that one person in 250 is affected with HIV and that AIDS Work receives approximately eight new referrals every month. She stated that funds received from the County for the last three years totaled $11,000 and with proposed cuts 320 December 7, 1993 they will not be able to provide education that people urgently want and need. Ms. Spero urged the Board not to cut funds to AIDS Work. Anita BeLucci, Displaced Homemakers, stated that she once was a recipient of services provided by Displaced Homemakers and is now volunteering there. She believes the Agency provides a very worth while service and urged the Board to not cut funds to the Agency. Joann Miner, member of the Displaced Homemakers Advisory Board and a Town of Lansing resident, stated she has been a user of services provided by Displaced Homemakers and the care that is provided by that Agency is less expensive than the cost of care provided by others. She urged the Board to not cut funds to the Agency. Ann Roscoe, President, Tompkins County Public Library and Village of Lansing resident, stated that more people are using the Library and that the number of cardholders has increased by 1,000. Ms. Roscoe asked that if cuts have to be made that they not be made across the board. Pat Pryor, member of the AIDS Work Board of Directors, expressed support for funding to AIDS Work and stated that she does not want her property tax to increase but has never seen a time when the County has been in so much need of services. Constance Cook, Member, Tompkins County Public Library Board, stated that the Library has not recovered from the cuts imposed in 1992 and stated that staff has been reduced and that the Library relies greatly on help provided by volunteers. She urged the Board to preserve funding to the Library. Marilyn Kinner, Senior Citizens Council, stated that the Council would be severely affected by proposed cuts. Ms. Kinner spoke of budget cuts undertaken by the Council in 1991 and urged the Board not to cut funding to the Council. She also expressed her opposition to cutting across the board. Phyllis Stout, recipient of services provided by the Office for the Aging, stated that there are three programs that are vital to the elderly people of Tompkins County: home delivery of meals, in-home personal care and housekeeping services, and the Personal Emergency Response service. She stated that these services prevent people from becoming hospitalized which would be at a much greater cost. Ms. Stout urged the Board not to cut funding to the Office for the Aging. Susan Hatch, Law Guardian, stated that she has been working for the last twelve years with the County court system and foster care families. She urged the Board to accept the work of County departments. Charlotte Bruce, member Office for the Aging Advisory Committee, stated that the proposed cuts would result in the loss of 3,400 meals being delivered to the elderly and would result in some not being able to maintain an independent life in their own home. Herbert Engman, Town of Danby resident, stated that he is upset with news coverage on the budget issue. He said a local newspaper claims that the public has spoken. Mr. Engman said he volunteers over one hundred hours each year volunteering to different causes and gets to see the way that government operates. He supports the way Tompkins County operates and the budget as presented. Milt Goldstein, Executive Director, Challenge Industries, stated that proposed cuts would result in $9,000 being cut in custodial services provided in the Mental Health Facility. Mr. Goldstein urged to the Board not to cut these services. Elizabeth Webster, Well Child Clinic, stated that over 3,000 children use well child immunization clinics within the County. Ms. Webster expressed opposition to any reduction of funding to this program. 321 December 7, 1993 Nancy Lauten, Tompkins County resident, stated that she once was involved in a dangerous situation and relied on the Task Force for Battered Women to help her. The Task Force and other County services helped her and her six children and she is not self sufficient and possesses an associates degree. She stated that she believes by paying a little now, it prevents paying a lot later. She asked the Board to support services which are preventative. Calvin Criss, Tompkins County resident, stated he is upset by the number of people that have spoken in favor of services. He believes all speakers prior to him have been employed by the County. Mr. Criss stated that the private sector has made reductions in salaries and benefits and asked that benefits to County employees be reduced. Mr. Criss said he opposes any property tax increase. Pat Driscoll, Town of Ithaca, stated that she serves on a number of local boards and has been a resident of Tompkins County all her life. During a recent election campaign she went to over 1,000 homes and spoke to a number of people who stated they can no longer afford to live in Tompkins County. She stated that cutting funds to human services agencies is an extremely difficult task, however, urged the Board to adopt the amendment that will be presented by Representative Todd. Leo Smull, Tompkins County resident, stated he feels that Tompkins is a small county and cannot afford to have all the programs it currently has. He said he opposes any property tax increase. William Benjamin, New York State Division of Probation and Correctional Alternatives and Tompkins County resident, stated that at the October 7, 1993 Public Safety meeting the Committee approved a budget proposal for the Alcoholism Council for 1994 and due to a clerical error it was inadvertently left out of the budget. Mr. Benjamin asked that this item be included in the budget. Mr. Benjamin stated he feels the decisions of this Board for the last four years have lead up to this public panic. He stated he did not agree with the pay equity study conducted by the County which resulted in some employees receiving very large raises. Nancy Wilson, Health Planning Council, asked that the Board not cut the Health Planning Council position which is currently at 70 percent. Beverly Snow-Cretser, Executive Director, Alcoholism Council, requested that the budget proposal for the Council which was approved by the Public Safety Committee on October 7, 1993 be included in the budget. She stated without the Board continuing to fund the Alternatives to Incarceration program, there would be overcrowding at the Tompkins County Public Safety building. Chairman Watros declared recess from 9:00 - 9:08 p.m. Joanie Groome, Tompkins County resident stated that she believes there are many under -privileged people who reside in Tompkins County and deserve the services they are receiving. She stated that she estimates the Recreation Mainstreaming Program would service 30-40 individuals less than are currently being served if the proposed cuts are made. Nicole Carrier, City of Ithaca homeowner and Director of Campfire Boys and Girls, expressed support for human services provided by the County. She stated that she would rather pay higher taxes than witness the devastation of human services cuts. Dan Collins, New York State Electric and Gas (NYSEG), stated that in 1946, 46 percent of jobs in Tompkins County were manufacturing jobs and today eight percent are manufacturing jobs. He stated that the jobs have been driven out but the cost of doing business in New York State and Tompkins County has dramatically risen. He stated that the adoption of NAFTA (North American Free Trade Agreement) makes us look at the global markets. Mr. Collins said that New York State is among the number one states in the Country on welfare spending. Mr. Collins urged the Board to just say no to New York State 322 December 7, 1993 and mandates, and asked that goals not be confused with mandates. Mr. Collins stated that he feels the proposed cuts will not result in services being cut. Michael Theusen, Chamber of Commerce member, read the following proclamation adopted by the Chamber of Commerce: "RESOLVED: the County Affairs Committee of the Tompkins County Chamber of Commerce urges the County Board of Representatives to reduce the proposed tax increase of 11.26 percent to a zero percent increase, with said decrease to be based on review of all budget line items, including mandated services, and to be based on the prioritizing of requested services". Lynn Glace, Town of Newfield resident, expressed support for services provided by Displaced Homemakers and the Learning Web. Barbara Thuesen, Town of Ithaca resident, spoke of hard times people are experiencing and the burden being put on tax paying citizens. She asked that the County assess its obligation to the taxpayers, to downsize government and eliminate the duplication of services. Ms. Theusen stated she is opposed to any property tax increase. Richard Flaville, City of Ithaca resident, spoke of cuts and what the results would be and stated that he is willing to pay to. maintain current services. Will Kone, Tompkins County resident, asked that County government tighten its belt on spending. He stated he is opposed to any property tax increase. Jonathan Beck, Tompkins County resident, spoke in support of the Learning Web and stated that the survival of some agencies depend on funding received by the County and asked that the Board determines what programs can survive the proposed cuts. Ron Space, II, Town of Groton resident and member of the Tompkins County Farm Bureau, read a letter from the Farm Bureau which supports the amendment to be proposed by Representative Todd calling for no property tax increase in 1994. The letter also called for spending restraints. Joseph Springer, Ithaca resident, angrily addressed the Board and stated that businesses cannot pass on an eleven percent increase to its customers and the County shouldn't be able to either. Mr. Springer expressed his opposition to the proposed budget. Girard Oberrender, Tompkins County resident, stated that 300 people were laid off in this area in October and feels County employees should be facing lay offs also. Mr. Oberrender stated that he feels services should be cut in order to achieve a zero percent property tax increase. Ted Wixom, Town of Lansing, stated that he is opposed to an increase in property taxes. Mr. Wixom suggested the next time the Board presents the public with a property tax increase to invite State representatives to attend the hearing. Mr. Wixom suggested that people voluntarily give financial support to agencies of their choice. William Gibson, Town of Ithaca, stated he is opposed to across the board cuts in the County budget because it could be costly in the long run. He stated he would like to see all services carried out as efficiently as possible and is not convinced that most people want cuts made in the budget. He asked that the Board carefully scrutinize and get an early start on the budget next year. Kim Whetzel, Gaggle Septic Company, spoke of rising costs and stated that the County became his biggest and toughest competitor when the County got into the business but eventually couldn't be competitive with his rates. He asked that the not get involved with the private sector. He stated he is opposed to the proposed budget. 323 December 7, 1993 Ben Curtis, Trumansburg resident, stated that he has a long background working with human services agencies. Mr. Curtis stated that he is in support of a ten percent across the board cut. He asked that the County prioritize and evaluate existing programs and to also bring benefits for County employees into line with other businesses. Bart Hiliard, Tompkins County resident, asked that the Board investigate and evaluate each and every program to see if they are really needed and necessary to the population of Tompkins County. He also questioned if the position of County Administrator is necessary. He stated that New York State Electric and Gas has had to tighten their belts and that Tompkins County do the same. Joseph Scherer, Town of Ulysses resident, stated the public has shown its concern over this issue which is good. He stated he feels the proposed cuts would be costly. Donna Evershed, Dental Hygienist, stated that the services provided under the dental hygiene program are preventive and very few people are maintaining preventive dental care these days. She stated that cuts to this program will cost the County a lot of money in the future. Ed Seymour, President, Ithaco, Inc., stated that his business is located in Ithaca but he has no customers in New York State. He feels this is a very expensive place to do business. He asked that the Board not use mandates as an excuse and that the Board support the amendment to be proposed by Representative Todd. Martha Ferger, Village of Dryden, stated that people should have to pay according to their income and not that the burden should not be placed on property taxes. Theresa Alt, City of Ithaca resident, spoke of opposition to across the board cuts. She feels that using that method to reduce spending in County departments presents unfairness as some departments are hit hard by cuts and some others get off easy. Tom Murray, Tompkins County resident, stated he is opposed to an increase in property taxes but believes reductions in the budget should not be made across the board. Mr. Murray requested the Board to examine tax exempt properties such as local colleges. Beach Stover, Tompkins County resident, stated he feels the proposed property tax increase will put small business and entrepreneurs on the endangered species list in Tompkins County. He said many businesses are closing or leaving New York State and that increasing property taxes only destroy economic growth in Tompkins County. Mr. Stover urged the Board to adopt a zero percent tax increase. Lew Gentsch, Lansing, stated that if it weren't for Cornell University and Ithaca College Tompkins County would be in much worse shape. Mr. Gentsch made some of the following suggestions: eliminate the position of County Administrator, have department heads report directly to the Board, hire a professional secretary to be a clearinghouse for the paper flow to and from the Board, and ignore State mandates. He stated that he is opposed to a property tax increase and across the board cutting to achieve budget reductions. Andy Sciarabba, City of Ithaca resident and member of the Chamber of Commerce, stated his opposition to the proposed 1994 Tompkins County budget and property tax increase. He asked that the Board respond to suggestions made by the Tax Committee of the Chamber of Commerce. Mr. Sciarraba stated that he feels mandates are a small portion of the County's overall budget. He expressed support for the amendment to be presented by Representative Todd and said he feels the County can survive a 10.42 percent across the board cut while maintaining its current level of service. 324 December 7, 1993 Jim Gilmore, business and homeowner in Tompkins County, stated that he relocated to Ithaca in 1989 and stated that he feels the cost of living has increased dramatically. He stated he likes Ithaca and wants to stay and urged the Board not to increase property taxes. Sharon Kinnan, Tompkins County resident, stated that she is not an employee of the County and urged the Board to support funding to the Drop In Children's Center. Bill Manos, City of Ithaca businessman, expressed opposition to the proposed 1994 Tompkins County budget. Mr. Manos asked the Board what happens to funds remaining in a departments budget at the end of a year. Joel Zumoff, Tompkins County resident, stated that he sees a good argument on both sides of the issue and spoke of the quality of life in Tompkins County. Don Schaff, Danby, stated that a ten percent cut is senseless and ineffective. Mr. Schaff asked about the population of people in Tompkins County receiving services and whether they are long time residents of Tompkins County or does the County provide such a great array of services, that people are attracted to Tompkins County for services? Mr. Schaff suggested that recipients of public services be made to volunteer their time to services. Mark Finkelstein, City of Ithaca, stated that he is opposed to a property tax increase and urged the Board to support the amendment to be presented by Representative Todd. Mr. Finkelstein also requested the Board to reconsider the Tompkins County Recycling and Solid Waste Center on Commercial Avenue. Tracey Farrell, City of Ithaca, stated that she has determined what the cost to her would be if the proposed property tax increase were imposed and realized the possible cuts in services would not make a zero percent property increase favorable to her. She expressed opposition to budget reductions being achieved by across the board cuts and urged the Board to be careful in making decisions. Allen Cohen, Tompkins County resident and small business owner, stated that he is opposed to a property tax increase, however, is not necessarily in favor of the amendment to be presented by Representative Todd. Bruno Schickel, Dryden, urged the Board to adopt a zero percent property tax increase. He feels the downsizing of County departments will improve efficiency and the quality of services. Terrance Callahan, Southside Community Center Board of Directors, stated that he feels it is unfortunate as centered around a debate of property tax vs. human services. Mr. Callahan asked that all people work together to benefit the City and the County. Richard Evans, Perry City Road, spoke of hardships he has seen placed on Tompkins County residents as a result of increases in the cost of living. He stated he estimates that property taxes have increased by 600 percent since 1959. He also spoke of utility companies raising rates and the additional sales tax imposed in the County. William Williamee, Enfield, stated that his taxes have gone up by 300 percent since he moved there 25 years ago. He expressed opposition to the proposed property tax increase. Phillip Zariello, Town of Ithaca, spoke of property tax increases in the past few years and his opposition to the proposed budget. He stated that he feels there needs to be more fairness in the budget process and spoke of increases in his property tax over the past several years. Mr. Zariello asked that County representatives speak to the State. 325 December 7, 1993 Carol Benjamin, Danby, expressed opposition to the proposed 1994 Tompkins County budget and a property tax increase. She stated that she feels that government, including that of Tompkins County, wants to take over running families and raising their children. She feels the responsibility has to be returned to the parents. Howard Steiner, Danby, stated he hopes each Board member took the budget home and analyzed it carefully and if so he believes each Board member has done their job and can vote in good conscientious. Mabel Baker, small business owner in the Town of Ithaca, stated that she feels a ten percent across the board cut is not the answer. She suggested salary cuts to managers. She stated she refuses to pay the recently adopted Solid Waste Annual Fee. Jean Currie, Newfield resident and President, Dewitt Historical Society, commended members of the Board for their patience during this budget process. She stated that the proposed 11.2 percent increase would be about $16 for her. She said it is her understanding that the cuts that are being proposed may result in layoffs and programs being cut and feels $16 would be worth saving the programs and peoples j obs. Sharon Prezioso, Town of Ithaca resident and Department of Social Services employee, stated that if prices continue to rise, she will not shop in Tompkins County. H. Taraszkiewicz, Hanshaw Road, urged the Board to oppose any property tax increase. Gary Jaynes, City of Ithaca, urged the Board to oppose any property tax increase. Gerry Angel, Trumansburg Road, stated he is opposed to the proposed 1994 Tompkins County budget. He stated he could, however, support a 2.99 percent cost of living increase if necessary. There were no other members of the audience who wished to speak. Chairman Watros declared the public hearing to be closed at 11:20 p.m. and opened discussion by members of the Board. Mr. Winch, Representative, District No. 8, stated that he has lived in Tompkins County for his entire life, is employed by Cornell University as a support person, not a faculty member and devotes much of his free time to public service. Mr. Winch stated that during his nineteen years of public service this has been his most excruciating experience for him putting together a budget. ,As Chairman of the Public Works and Construction Management Committee, he has seen the Public Works budget erode for the past four years more than any other program. Public Works has lived within the guidelines and has taken the biggest hits. He spoke of the positions the Department stands to lose with proposed cuts after not filling positions that have become vacant over the last few years. Mr. Winch stated that among his interests he has a great interest for human services which is what lead him to this Board. Mr. Winch stated that he is upset by statements of the poor work being performed by County employees. He stated that the County does have some problem employees but are taking care of those problems. However, overall he feels the County has many fine people providing very fine services. Mr. Winch referred to problems of the Buffalo Hill Road Bridge and how County employees spent many hours trying to provide service to the residents in the effected area. He also recalled the 1993 Blizzard at which the Sheriffs Department, County and local highway departments worked endless hours to make roads safe for the public to travel. Mr. Winch also made reference to the Board of Representatives office which has been reduced from a four to three-person office and commended staff for their work. Mr. Winch stated there are portions of the budget he is disturbed with and stated that he will begin tomorrow on working on the 1995 budget. He stated that he will also present two resolutions to be included on the next Board agenda. The first will address health insurance for Board members. He said that Board members are part-time employees and should receive benefits equivalent to other part-time employees, and all Board members should receive equal compensation for their service. Another 326 December 7, 1993 resolution will address the hiring of an independent auditor to investigate all County mandated programs and report to the Board of Representatives whether we are meeting or exceeding the mandates of the State. Ms. Mink, Representative, District No. 5, stated that the public hearing has been an education to learn where County dollars are spent. She stated that it seems that human service agencies have been over -represented here this evening and that is because the small amount of money they receive goes a long way. That also means that small cuts are devastating and the reason volunteers, taxpayers, non - County employees and people affiliated with agencies which help people in need came out and spoke tonight are unfortunately putting themselves against people who call themselves true taxpayers and it is nonsense to call those people lobbyists. It is clear that people do not want higher taxes and when speaking about taxes they are referring to State, County, local and other taxes. The County Board can only address County taxes. She also spoke of the opposition to across the board cuts and the need for prioritizing services. Unfortunately, the County Board can not establish priorities this evening. Thirdly, she spoke of mandates. She stated she stands by her recent statements which appeared in the Ithaca Journal. She said that over the last week she has tried to get a sense of what the County is required to provide and to get to the bottom of the myth that is going around that if the County just said "no" to State mandates that it could get away with it. She read from a letter from the Acting Commissioner of New York State Social Services to Tompkins County Commissioner, Mary Pat Dolan in reference to inquiries the Depaiinient has been receiving various proposals from counties to reduce costs of public assistance. The letter stated that certain county actions may violate constitutional or statutory requirements and may result in lawsuits, penalties, high financial penalties, damage awards, and in some instances the personal liability of county officials. She also stated that Tompkins County is a member of the New York State Association of Counties and will continue work towards mandate relief. Ms. Mink stated that Tompkins County has been referred to as the poverty capital and mentioned a survey comparing social services costs among other counties and Tompkins County was average in comparison. She also stated that she feels the welfare costs are not too high, but rather wages are too low. Ms. Mink concluded by stating these issues will not be resolved this evening but are things for people to think about. Mr. Lerner, Representative, District No. 1, stated that County governments all over New York State and all over the nation are in crisis. The recession, cuts in Federal and State aid, growing State mandates and ballooning health care and insurance costs have put immense pressure on local taxpayers. As a result this Board will hurt some people by cutting services and others by raising taxes. Every path before the Board is painful and unfair to someone and tests the limits of wisdom to make those decisions thoughtfully and justly. He stated that across the board funding cuts abandon any attempt to be thoughtful, just or wise, and opposes them. He stated that many County programs are well planned and well run and provide essential public services. A major reorganization of County government is long overdue. In January there will be five new Board members, a new Chairman, new committee chairs and a new party majority that will build on a system for change. Over the next four years the Board must revise the budget process from the ground up, develop the tools for prioritization, thoroughly study State mandates, grants and aid, distinguish between programs which succeed in their goals and those who only have good intentions, identify programs that save dollars elsewhere, and eliminate red tape and bureaucracy. Mr. Todd, Representative, District No. 6, stated that on November 16 he asked for a public debate on the Tompkins County budget. Mr. Todd thanked Mr. Proto for his support for this debate and willingness to second the motion. Mr. Todd also thanked Wendy Skinner, Ithaca Journal Reporter, for initialing and encouraging this public debate concerning the 1994 Tompkins County Budget. The causes of the budget date back to 1989 when the recession stopped the sales tax revenue from increasing every year and the yearly additions to the property tax roll dropped to one percent or less. County revenues are flat as a result of those two items. A letter was received from Tompkins County Comptroller, David Squires, dated November 24, 1993 showing depletion of the fund balance from 1989 of $3.7 million to 1992 when there was only $.6 million left. The County spent more than it had taken in. On December 1, 1992 Tompkins County's additional one percent sales tax went into effect and the increase will return to 327 December 7, 1993 the County a little of $5 million in 1994 but the County's spending projected in the budget increases about $7.8 million over 1993. The County's budgets since 1989 have been driven by yearly increases of $1-2 million in mandated costs mostly from New York State and the these problems (the recession and ever increasing State mandates) are not of the County's making and are beyond the County's control. Mr. Todd stated that a family or business faced with this kind of dilemma would cut expenditures and that is what he feels the County should do. The amendment he will present was prepared for him by Scott Heyman, County Administrator, and will cut across the board to achieve a property tax increase of zero. Mr. Heyman stated at the November 16 Board meeting this could be done. Mr. Todd stated that he believes if this unpleasant task is not completed it will be much worse in future years and urged support for the amendment. Mr. Proto, Representative, District No. 7, stated that since Representative Todd announced the amendment he will be proposing, much public debate has been stimulated and thanked everyone for their input. Mr. Joseph, Representative, District No. 12, stated that he has spoken to several people concerning the proposed budget and for the most part people have been a lot more reasonable than they started out to be. He said that he explained that he does not feel across the board cuts make any sense, not only because they would hurt important services but because they would fail to cut spending. He said he feels Representative Todd's proposed amendment will not result in reduced spending but rather a reduced budget and several departments overspending their budget. He stated that he has promised that following the adoption of the 1994 budget, he will work on doing the things that it takes to make rational and reasonable cuts in the budget. He feels that this can be done with some careful thought and planning. Chairman Watros declared recess from 11:52 - 11:57 p.m. It was Moved by Mrs. Call, seconded by Mr. Lerner, and unanimously adopted by voice vote, to lift from the Table the following resolution: RESOLUTION NO. 301 - ADOPTION OF 1994 TOMPKINS COUNTY BUDGET AND CAPITAL PROGRAM Moved by Mrs. Call, seconded by Mr. Mason. It was Moved by Mr. Winch, seconded by Mr. Culligan, and unanimously adopted by voice vote, to amend the proposed 1994 Tompkins County Budget as follows: As a result of rental revenue due to Buildings and Grounds by Solid Waste, Account A1620 "Buildings and Grounds" on page 34 of the 1994 proposed Tompkins County Budget shall be amended to increase A1620 revenues, and decrease A1620 total County cost by $12,860 resulting in a net decrease of the real property tax levy of $12,860. It was Moved by Mr. Winch, seconded by Mr. Proto, and unanimously adopted by voice vote, to amend the proposed 1994 Tompkins County Budget as follows: As a result of increased federal aid and a decrease in insurance premiums, Account A5630 "TOMTRAN" on page 50 of the 1994 proposed Tompkins County Budget shall be amended to reduce A5630.4000 Contractual, and A5630 total appropriations by $12,156, and increase A5630 total revenues by $13,621 and decrease total County cost by $25,777 resulting in a net decrease of the real property tax levy of $25,777. It was Moved by Mr. Winch, seconded by Mr. Mason, and unanimously adopted by voice vote, to amend the proposed 1994 Tompkins County Budget as follows: To assume the costs on behalf of the Town of Newfield from the 1% Sales Tax for Human Service related expenses, Account A6950 "County/Town Program -Transportation" and Account A6951 "County/Town Program -Human Service" on page 63 of the 1994 proposed Tompkins County Budget shall be amended to increase A6950.4000 Contractual and total Appropriations by $500 for Gadabout with an equal increase in A6950 Revenues from Sales Tax; increase A6951.4000 Contractual and total Appropriations by $2,000 for Senior Citizens 328 December 7, 1993 Council with an equal increase in A6951 Revenues from Sales Tax; Account A9999 "Unallocated Revenue" on page 74 shall decrease by $2,500 resulting in a net increase of the real property tax levy of $2,500. It was Moved by Mr. Winch, seconded by Mr. Shurtleff, and unanimously adopted by voice vote, to amend the proposed 1994 Tompkins County Budget as follows: To assume the costs on behalf of the Village of Groton from the 1% Sales Tax for Human Service related expenses, Account A6950 "County/Town Program -Transportation" on page 63 of the 1994 proposed Tompkins County Budget shall be amended to increase A6950.4000 Contractual and total Appropriations by $2,500 for Gadabout with an equal increase in A6950 Revenues from Sales Tax; Account A9999 "Unallocated Revenue" on page 74 shall decrease by $2,500 resulting in a net increase of the real property tax levy of $2,500. It was Moved by Mrs. Schuler, seconded by Mr. Mason, and unanimously adopted by voice vote, to amend the proposed 1994 Tompkins County Budget as follows: To provide continued funding for evaluations and referrals in the Jail and an Intensive Outpatient Program (for assessment, case management, and treatment of criminal offenders who have alcoholism problems) by the Alcoholism Council Account A3413 "Alternatives to Incarceration, Other" on page 39 of the proposed 1994 Tompkins County Budget shall be amended to increase A3143.4000 Contractual, A3143 total appropriations, and A3143 total County cost by $36,512 resulting in a net increase of the real property tax levy of $36,512. It was Moved by Mrs. Call, seconded by Mr. Lerner, and unanimously adopted by voice vote, to amend the proposed 1994 Tompkins County Budget as follows: As a result of a decrease in workers compensation costs estimated for 1994, the following amendments shall be made: County Cost Decrease Page No. Account/Title (Increase) 28 A1165.8000 District Attorney 617 34 A1620.8000 Buildings and Grounds 6,640 38 A3110.8000 Sheriff 11,195 38 A3150.8000 Jail 9,512 38 A3140.8000 Probation 5,481 41 A4010.8000 Public Health 12,358 41 A4010.3401 Public Health Revenue (4,409) 44 A4047.8000 Children with Special Care Needs 1,075 51 A6010.8000 Social Services 33,077 51 A6010.3610 Social Services Revenue (11,585) 51 A6010.4610 Social Services Revenue ( 9,856) 67 A8020.8000 Planning 552 70 A8040.8000 Human Rights 110 73 A9522.4000 Contr. to Co. Road 25,500 These changes result in a decrease in total County cost of $80,267 resulting in a net decrease in the real property tax levy of $80,267. Mr. Shurtleff again disagreed that the Board should vote on the Budget at a different location other than Board Chambers. It was Moved by Mr. Todd, seconded by Mr. Proto, to amend the proposed 1994 Tompkins County Budget as follows: The 1994 proposed Tompkins County Budget is amended to reduce the real property tax levy from $17,406.415 to $15,713,194, and to reduce the County cost as indicated in said budget for each and every program and department by 10.01%; not included in this amendment are Social Services (all accounts); Attorneys for Indigent Persons; Children with Special Care Needs and Education of Handicapped Children; Jail Personal Services, Benefits, and Professional Services, net of Prisoner 329 December 7, 1993 Boarding revenue; Outside Community Colleges; Southside Community Center, under an agreement with the City of Ithaca; and Debt Service; additionally, an exception to this shall be Tompkins Cortland Community College whose budget was previously approved; and further, the County Administrator is directed to make all necessary revenue adjustments caused by these changes; with the understanding of the makers of this amendment that the Board of Representatives and its committees shall enact appropriate budget transfers early in 1994 to correct the changes authorized by this amendment that cannot be made and shall redistribute the spending reductions necessitated by this amendment at that time. A roll call vote resulted as follows: Ayes - 3 (Representatives Proto, Shurtleff and Todd), Noes - 12. Motion Lost. It was Moved by Ms. Mink, seconded by Mr. Stein, amend the proposed 1994 Tompkins County Budget as follows: The following fiscal target variances (budget busters) reflected in the 1994 Proposed Budget shall be deleted as follows: County Cost Decrease Page No. Account/Title (Increase) 28 A1165.4000 District Attorney 56,930 38 A3110.4000 Sheriff 56,761 38 A3140.4000 Probation 54,161 55 A6310.4000 Human Services 3,000 67 A8020.4000 Planning 29,514 70 A8730.4000 Human Rights 1,795 71 A8730.4000 Soil and Water Conservation 21,382 These changes result in a decrease in total County cost of $223,543 resulting in a net decrease in the real property tax levy of $223,543. Mr. Mason spoke in opposition to the aforementioned amendment. He said if funding is decreased for the programs in the three departments (District Attorney, Sheriff and Probation) the County would see later an increase in costs with more people going to court and jail and in other related areas associated with these programs. Mr. Lerner spoke in favor of the amendment and Mr. Joseph spoke in opposition. Mr. Stein feels that the message being sent to depaitments and depaitment heads is that the Board really did not mean it when it adopted the Fiscal Plan. He stated that the dep.'tments listed above should all be deleted or remain in the budget, not separate the motion. Mr. Proto spoke in opposition to the amendment and said now is the chance for the Board to begin prioritizing. A roll call vote resulted as follows on the amendment: Ayes - 3 (Representatives Lerner, Mink and Stein), Noes - 12. Motion Lost. It was Moved by Mr. Proto, seconded by Mr. Mason, to amend the proposed 1994 Tompkins Budget as follows: The following fiscal target variances (budget busters) reflected in the 1994 proposed Budget shall be deleted as follows: County Cost Decrease Page No. Account/Title (Increase) 55 A6310.4000 Human Services 3,000 67 A8020.4000 Planning 29,514 70 A8730.4000 Human Rights 1,795 71 A8730.4000 Soil and Water Conservation 21,382 330 December 7, 1993 These changes result in a decrease in total County cost of $55,691 resulting in a net decrease in the real property tax levy $55,691. The 1994 proposed Tompkins County Budget is further amended to reduce the real property tax levy from $17,351,082 to $16,516,657, a 5% increase over the 1993 tax rate, and to reduce the County cost as indicated in said budget for each and every program and depaithient by 4.95% of its total, or $834,425; not included in this amendment are Social Services (all accounts); Attorneys for Indigent Persons; Children with Special Care Needs and Education of Handicapped Children; Jail Personal Services, Benefits, and Professional Services, net of Prisoner Boarding revenue; Outside Community Colleges; Southside Community Center, under an agreement with the City of Ithaca; Debt Service; and Tompkins Cortland Community College whose budget was previously approved; And further, the County Administrator is directed to make all necessary revenue adjustments caused by these changes; with the understanding of the makers of this amendment that the Board of Representatives and its committees shall enact appropriate budget transfers early in 1994 to correct the changes authorized by this amendment that cannot legally be made and shall redistribute the spending reductions necessitated by this amendment at that time. Further, amended, that this Board recommends top its successor 1994 Board that Citizens/Government commissioners be established to develop a community consensus on how best to analyze and address the patterns that have led to recurring large property tax increases. Following a brief discussion, a roll call vote resulted as follows on the amendment: Ayes - 6 (Representatives Call, Culligan, Evans, Proto, Shurtleff and Todd); Noes - 9 (Representatives Joseph, Lerner, Livesay, Mason, Mink, Schuler, Stein, Winch and Watros). Motion Lost. It was Moved by Ms. Mink, seconded by Mrs. Schuler, to amend the proposed 1994 Tompkins County Budget as follows: 1) Reduce the property tax to 7.78% or $505,864; 2) Include budget busters (mentioned above); 3) A 2.99% across the board cut for all County departments. The fiscal plan cap does not change next year for the departments submitting budget busters. A roll call vote resulted as follows on the amendment: Ayes - 5 (Representatives Culligan, Mason, Mink, Schuler and Stein); Noes - 10 (Representatives Call, Evans, Joseph, Lerner, Livesay, Proto, Shurtleff, Todd, Winch and Watros). Motion Lost. It was Moved by Mr. Evans, seconded by Mr. Proto, to amend the proposed 1994 Tompkins County Budget as follows: The 1994 proposed Tompkins County Budget is amended to increase the property tax 7.57%, not including Budget busters, restore fund balance at 4.1% ($228,726) and reduce the County cost as indicated in said budget for each and every program and department by 3.05%, not included in this amendment are Social Services (all accounts); Attorneys for Indigent Persons; Children with Special Care Needs and Education of Handicapped Children; Jail Personal Services, Benefits, and Professional Services, net of Prisoner Boarding revenue; Outside Community Colleges; Southside Community Center, under an agreement with the City of Ithaca; Debt Service; and Tompkins Cortland Community College whose budget was previously approved; and further, the County Administrator is directed to make all necessary revenue adjustments caused by these changes; with the understanding of the makers of this amendment that the Board of Representatives and its committees shall enact appropriate budget transfers early in 1994 to correct the changes authorized by this amendment that cannot legally be made and shall redistribute the spending reductions necessitated by this amendment at that time. A roll call vote resulted as follows on the amendment: Ayes - 5 (Representatives Culligan, Evans, Lerner, Schuler and Stein); Noes - 10 (Representatives Call, Joseph, Livesay, Mason, Mink, Proto, Shurtleff, Todd, Winch and Watros). It was Moved by Mr. Stein, seconded by Mrs. Schuler, to amend the proposed 1994 Tompkins County Budget as follows: An 8.8% increase over the 1993 tax rate, by reducing the County cost as indicated in said budget for each and every program and department by 3.05% of its total, includes budget busters mentioned above; not included in this amendment are Social Services (all accounts); Attorneys for 331 December 7, 1993 Indigent Persons; Children with Special Care Needs and Education of Handicapped Children; Jail Personal Services, Benefits, and Professional Services, net of Prisoner Boarding revenue; Outside Community Colleges; Southside Community Center, under an agreement with the City of Ithaca; Debt Service; or Tompkins Cortland Community College whose budget was previously approved; And to provide that all the optional items above shall be reduced an added $235,698, an amount equal to a 1.5% increase in the 1993 tax rate or 1.41% of optional County costs as above, with this amount to be allocated to Account A1990.4990, Priority Programs; And to provide that during 1994 this Board and its committees shall have the authority to recommend that this Board appropriate funding from said Priority Program account to any County program based on the level of importance to the residents of Tompkins County. Funds appropriated from the Priority Programs account shall not be consider part of the base funding of the entities receiving them for purposes of developing the 1994 budget. And further, the County Administrator is directed to make all necessary revenue adjustments caused by these changes; with the understanding of the makers of this amendment that the Board of Representatives and its committees shall enact appropriate budget transfers early in 1994 to correct the changes authorized by this amendment that cannot legally be made and shall redistribute the spending reductions necessitated by this amendment at that time. The fiscal plan cap does not change next year for the depth linents submitting budget busters. A roll call vote resulted as follows on the amendment: Ayes - 3 (Representatives Mason, Schuler and Stein), Noes - 12. Motion Lost. It was Moved by Mr. Proto, seconded by Mr. Todd, to amend the proposed 1994 Tompkins County Budget as follows: 1) A 5% property tax increase; 2) restore fund balance at 4.1%; 3) budget busters are included; 4) across the board cuts of 3.99%. A roll call vote resulted as follows on the amendment: Ayes - 5 (Representatives Culligan, Proto, Todd, Winch and Watros), Noes - 10. Motion Lost. It was Moved by Mrs. Livesay, seconded by Mr. Joseph, to call the question. A roll call vote resulted as follows: Ayes - 3 (Representatives Joseph, Livesay and Stein); Noes - 12. Motion Lost. It was Moved by Mr. Evans, seconded by Mr. Culligan, to amend the proposed 1994 Tompkins County Budget as follows: 1) across the board cuts of 3.99%; 2) a 6.3% property tax increase;