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HomeMy WebLinkAbout1996 Proceedings1996 PROCEEDINGS Tompkins County Board of Representatives TOMPKINS COUNTY NEW YORK STUART W. STEIN, 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 1996, contained in this volume is true and correct. CATHERINE COVERT Clerk of the Board of Representatives STANDING COMMITTEES - 1996 Budget and Fiscal Policy (BFP) Tim Joseph, Chair Barbara Mink, Vice Chair Beverly Livesay Peter Meskill Dooley Kiefer Frank Proto Thomas Todd Governmental Operations and Administration (GOA) Michael Lane, Chair Beverly Livesay, Vice Chair Barbara Blanchard Charles Evans Susanne Davis Health and Environmental Quality (HEQ) Charles Evans, Chair Dooley Kiefer, Vice Chair Nancy Schuler Daniel Winch Susanne Davis Human Services and Human Resources (HSHR) Beverly Livesay, Chair Tim Joseph, Vice Chair Frank Proto George Totman Susanne Davis Planning, Community Development and Education (PCDE) Nancy Schuler, Chair Michael Lane, Vice Chair Barbara Blanchard George Totman Frank Proto Public Safety (PS) Peter Meskill, Chair Nancy Schuler, Vice Chair Tim Joseph Thomas Todd Daniel Winch Solid Waste and Recycling (SWR) Thomas Todd, Chair Dooley Kiefer, Vice Chair Stuart Stein Transportation Services and Facilities (TSF) Barbara Blanchard, Chair Michael Lane, Vice Chair Nancy Schuler George Totman Daniel Winch SPECIAL COMMITTEES Capital Program - Joseph/ Chair, Blanchard, Schuler, Lane, Winch Report to Board Charter Review - Lane/Chair, Evans, Joseph, Kiefer, Todd Report to Board Economic Development - Mink/Chair, Stein, Proto Link with PCDE Electronic Future - Evans/Chair, (plus community members) Link with GOA Human Services Building Construction - Mink/Chair, Blanchard, Evans, Livesay, Schuler (plus staff and city members) Report to Board Leadership Council - Mink, Evans, with Livesay as Alternate to both Link with HSHR Public Information - Joseph and Evans, co-chairs (plus staff members) Link with GOA Rural Affairs - Proto/Chair, Lane, Totman (plus community members) Link with GOA Intergovernmental and Municipal Service Consolidation - Stein/Chair, Livesay (plus others TBA) January 2, 1996 Organizational Meeting Public Hearing - Local Law No. 1 of 1996 - Amendment to Local Law No. 2 of 1966 - Providing for a Partial Tax Exemption for Real Property Owned by Persons with Limited Incomes who are Sixty -Five (65) Years of Age or Older. Mr. Stein called the public hearing to order at 5:31 p.m. concerning Local Law No. 1 of 1996 - Amendment to Local Law No. 2 of 1966 as amended - Providing for a Partial Tax Exemption for Real Property Owned by Persons with Limited Incomes who are Sixty -Five (65) Years of Age or Older. Mr. Stein asked if any member of the public wished to speak. No one wished to speak and the public hearing was closed at 5:32 p.m. 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. 328 adopted by the Board on December 19, 1995, the Board of Representatives was scheduled to hold an organizational meeting on January 2, 1996. The Board of Representatives convened at its Chambers in the Courthouse in the City of Ithaca, New York, on Tuesday, January 2, 1996 at 5:30 p.m. and was called to order by Catherine L. Covert, Clerk of the Board. Pledge of Allegiance to the Flag and Roll Call of Members Members and guests participated in the Pledge of Allegiance to the Flag. Present: 15 Representatives. City of Ithaca: District No. 1 - Barbara Blanchard, 316 Brookfield Road District No. 2 - Eric J. Lerner, 504 South Plain Street District No. 3 - Stuart W. Stein, 11 Cornell Walk District No. 4 - Nancy B. Schuler, 110 Ferris Place District No. 5 - Barbara Mink, 614 North Cayuga Street Towns: 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 - George L. Totman, 31 Church Street, Groton District No. 10 - Dooley Kiefer, 629 Highland Road, Ithaca District No. 11 - Beverly E. Livesay, 147 Snyder Hill Road, Ithaca District No. 12 - Tim Joseph, 772 Elm Street Extension, Ithaca District No. 13 - Charles V. Evans, 819 Snyder Hill Road, Ithaca District No. 14 - Michael E. Lane, 42 East Main Street, P.O. Box 35, Dryden District No. 15 - Peter Meskill, 64 East Seneca Street, Trumansburg Election of Temporary Chairman Mrs. Covert announced that the first order of business was the election of a temporary chairman. Mrs. Livesay nominated Mr. Lerner as Temporary Chairman, seconded by Ms. Mink. After hearing no more nominations, it was Moved by Mrs. Livesay, seconded by Mr. Meskill, and unanimously adopted 3 January 2, 1996 by voice vote to close nominations. A voice vote resulted as follows for Temporary Chairman: Ayes - 15, Noes - 0. Adopted. Mr. Lerner took the chair as Temporary Chairman. Election of Permanent Chairman The next order of business was the election of a Permanent Chairman and nominations were opened. Mr. Joseph nominated Mr. Stein as Permanent Chairman, seconded by Mr. Todd. Mr. Joseph stated he has known Mr. Stein for several years. Mr. Joseph said since the Board was first seated two years ago there has been the opening of the Tompkins County Recycling and Solid Waste Center, total revamping of the budget process, and the Board has made the decision to move the Department of Social Services downtown. He feels the most significant thing is how well this Board works together and feels Mr. Stein is responsible for this. He said it has been Mr. Stein's practice to consult with people before making decisions, and this has led to better decisions being made. He expects Mr. Stein to lead the Board in a continued team manner. Mr. Todd stated the people in Tompkins County cover a wide spectrum, and have very wide differences. He said he and Mr. Stein are examples of extreme differences as Mr. Stein is from the metropolitan area and has an academic background, and he comes from a rural background and is a farmer. He said people coming from different sections of the County often have different positions on policy. Mr. Todd said he seconds the motion to elect Mr. Stein as Chairman of the Board because Mr. Stein has made possible blending of very natural differences, and has been fair and considerate of all voices. He feels Mr. Stein does not rush into hasty decisions, but most importantly, he keeps debate without rancor or bad feeling. He feels Mr. Stein has guided policy making in Tompkins County to be fair and civil. It was MOVED by Mr. Winch, seconded by Mr. Evans, and unanimously adopted by voice vote, to close nominations. By unanimous voice vote, Mr. Stein was re-elected Permanent Chairman of the Board. Mr. Stein took the chair as Permanent Chairman. Mr. Stein, Chairman, thanked the Board for the continued support. He stated he finds the comments touching. He said he believes the Board has done a lot together in the past two years, and said his approach to chairing the Board will be the same as it has been. Mr. Stein said in this time of controversy and growing instability in higher levels of government, this Board can be a group to show others that we can work together. He said it is important and significant that both political parties support him. As he has done in the last two years, he will be making a statement at the next meeting on his ideas and the directions that this Board needs to give attention to in the coming year. Election of a Vice Chairman Nominations were opened for Vice Chairman. Ms. Blanchard nominated Ms. Mink as Vice Chair, seconded by Mr. Meskill. Ms. Blanchard stated Ms. Mink possesses the leadership quality that this Board values, and feels Mr. Stein and Ms. Mink make a good team. She stated she looks forward to working with Ms. Mink in 1996. Mr. Meskill also stated Ms. Mink and Mr. Stein make a good team. He feels her leadership ability and her ability to move forward and get to the heart of an issue make her the best choice for Vice Chair. It was MOVED by Ms. Blanchard, seconded by Mr. Lerner, and unanimously adopted by voice vote, to close nominations. By unanimous voice vote, Ms. Mink was re-elected Vice Chair of the Board. 4 January 2, 1996 Ms. Mink thanked the Board for the kind words and the vote of confidence. She said the past year has been very interesting, and said she has been taught how to reconcile very different agendas. She said she has learned to appreciate much more, those who make up the Tompkins County organization and this Board. Approval of Minutes This item was forwarded to the end of the agenda. Privilege of the Board by the Public Doria Higgins, Town of Ithaca, spoke concerning actions taking place at State level. She stated there is proposed downsizing of State agencies in hopes of balancing the State budget. She said there is cause for alarm because although it is being proposed to cut the overall budget of the Department of Environmental Conservation by four percent, which may be acceptable, this plan cuts staff of Regulatory Services by 54 percent. This is the office that regulates the State Environmental quality Review Act (SEQRA). If this happens, they will not be able to regulate or help enforce SEQRA. The proposed plan is to be acted on in February, before the State budget is acted on. Chairman Stein asked Ms. Higgins to bring this statement in for copying and said he will forward this issue to the Health and Environmental Quality Committee. Privilege of the Floor by Board Members Mr. Lerner, District No. 2 Representative, stated he has accepted a new position at Cornell University which involves training of local government officials Statewide. He said Cornell feels it would be a conflict of interest if he were to continue as a member of this Board; therefore, he must resign his seat. Mr. Lerner thanked all of his constituents in the Second Ward for their trust and confidence, and apologized for not being able to satisfy his obligation to them. He also thanked the Board and County staff for their help during his time on the Board. He said being a member of this Board has been an experience he will never forget. Mr. Stein said this Board will miss him as well. Mr. Joseph, District No. 12 Representative, stated three years ago when he came to this Board he turned to Mr. Lerner who had been a long-time friend, to orient him on how things operate in this County. He said Mr. Lerner has been closest to him in political views and what they have wanted to accomplish while on the Board. He said he has turned to Mr. Lerner several times since becoming a member of the Board because he feels Mr. Lerner knows how to get something done in government. Mr. Joseph said he hopes will be able to accomplish some of the things Mr. Lerner has but doubts he will do it as well. Privilege of the Floor by Staff The Rules of the Board were waived and Aurora Valenti, County Clerk, was given permission to speak. Ms. Valenti, on behalf of several department heads, thanked Mr. Lerner for his assistance with the budget. She stated she believes departments have done a better job with their budgets because of Mr. Lerner. Additions of Resolution(s) to the Agenda On motion of the appropriate committee chairmen and duly seconded and unanimously adopted by voice vote, the following resolutions were added to the agenda: 5 January 2, 1996 Support of Town of Dryden's Application for Grant Funding to Develop Abandoned Lehigh Valley Railroad Beds into Public Trails In Support of Modification to the New York State General Municipal Law to Allow the Creation of Public -Private Partnership for the Provision of Transit Services in Tompkins County Resolution of Appreciation - Eric J. Lerner Chairman's Report and Appointments Chairman Stein welcomed Representative Totman back and expressed wishes for Mr. Totman to stay healthy. Appointments Chairman Stein had no appointments. He stated he will announce his appointments to the 1996 standing committees at the next Board meeting. He said until then, all 1995 committees will remain in tact. Report from the County Administrator Mr. Heyman reported the selection committee for the position of Criminal Justice Coordinator continues its work. He requested an executive session to discuss an appointment. Report from the County Attorney Mr. Theisen reported that the lease with Brian's Landing Restaurant has been terminated and the building has been vacated. Mr. Winch asked if there were any provisions for a referendum for the building of a new human services building. Mr. Theisen said he has researched this and there is no mandatory or permissive referendum required. Report from the Finance Director Mr. Squires reported on the properties that will potentially be foreclosed upon in 1996. He said he is concerned because one-third of the properties are owner -occupied. Mr. Squires reported the sales tax distribution for the fourth quarter is up by seven percent and this should bring the County back in line with the budget estimate. Mr. Proto asked if there is anything Board members can do to help these property owners. Mr. Squires encouraged Board members to stress to these property owners how important it is that they know there are serious consequences when this procedure is followed. Mr. Heyman stated people do not understand that when the County takes possession of a property and sells the property for an amount greater than what they owe, the County cannot give the property owner the difference. It is important to stress to them that selling their property to pay due taxes would save them from losing more money. Report from the Facilities and Operations Committee Mr. Winch, Chairman, had no report. Report and Presentation of Resolution(s) from the Transportation Services Committee Ms. Blanchard reported the next meeting will be January 3, 1996 at 8 a.m. (This meeting was canceled due to weather conditions). 6 January 2, 1996 RESOLUTION NO. 1 - IN SUPPORT OF MODIFICATION TO THE NEW YORK STATE GENERAL MUNICIPAL LAW TO ALLOW THE CREATION OF PUBLIC-PRIVATE PARTNERSHIP FOR THE PROVISION OF TRANSIT SERVICES IN TOMPKINS COUNTY MOVED by Ms. Blanchard, seconded by Mr. Proto. Mr. Winch acknowledged he is employed by Transportation Services at Come11 University but does not feel he stands to gain anything by voting in favor of this resolution. He stated he would abstain if the Board wished him to. Chairman Stein granted Mr. Winch the privilege to vote. A voice vote resulted as follows on the resolution: Ayes - 15, Noes - 0. RESOLUTION ADOPTED. WHEREAS, the City of Ithaca, Tompkins County and Cornell University joined together in 1991 for the purpose of construction and operation of a transit facility to serve the residents of Tompkins County, and WHEREAS, the three entities noted above, in cooperation with GADABOUT, Inc., completed the Facility and have successfully operated it since 1992, and WHEREAS, the City, the County, and Cornell wish to conclude the process of consolidating the several transit systems operating in the County under the auspices of Ithaca Transit, TOMTRAN, and CU Transit by creating an organization that can function as a full partnership between the entities, and WHEREAS, a modification of New York State General Municipal Law is required for the development of such a partnership, and WHEREAS, legal counsel to the City, County and Cornell have developed appropriate language for such modification and prepared it for submission to Senators Seward and Kuhl and Assemblyman Luster for action, such language to include the following: Section 119 -ss. Provision of mass transportation in the County of Tompkins. 1. Notwithstanding any other provision of law, the County of Tompkins, the City of Ithaca and Cornell University may jointly provide for mass transportation services. 2. In addition to their power to apply for, accept and expend financial assistance individually or jointly as provided for by section one hundred nineteen -s of the General Municipal Law, the County of Tompkins and the City of Ithaca shall have power to apply for, accept and expend financial assistance jointly with Cornell University. 3. The powers granted by this section shall be in addition to and not in substitution of all other powers of the County of Tompkins, the City of Ithaca and Cornell University to provide for transportation services. WHEREAS, the Chairman of the Ithaca Tompkins Transit Center Operations Committee has been authorized by the Committee to request the Senators and Assemblyman to move forward with this proposed legislation, now therefore be it RESOLVED, That the Tompkins County Board of Representatives supports this request and urges the speedy passage of this legislation so that the Transit Consolidation Project can be completed in 1996. SEQR ACTION: EXEMPT -TYPE 11 Report and Appointment(s) from the Health and Environmental Quality Committee Mr. Evans, Chairman, reported the next meeting will be January 11 at 9:30 in Old Jail Conference Room. Appointments 7 January 2, 1996 It was MOVED by Mr. Evans, seconded by Mr. Winch, and unanimously adopted by voice vote, to approve the following appointments to the Environmental Management Council for terms expiring December 31, 1997: Jeffrey McDonald - Village of Trumansburg representative Bruce R. Johnson - Village of Freeville representative Report and Presentation of Resolution(s) from the Human Services Committee Mr. Joseph, Chairman, reported the Committee will meet January 3 at noon. (This meeting was later canceled because of weather conditions). RESOLUTION NO. 2 - ADOPTION OF LOCAL LAW NO. 1 OF 1996 - AMENDMENT TO LOCAL LAW NO. 2 OF 1966 AS AMENDED - PROVIDING FOR A PARTIAL TAX EXEMPTION FOR REAL PROPERTY OWNED BY PERSONS WITH LIMITED INCOMES WHO ARE SIXTY- FIVE (5) YEARS OF AGE OR OLDER MOVED by Mr. Joseph, seconded by Mr. Evans, and unanimously adopted by voice vote. Ms. Kiefer asked what definition of income is used in this resolution; Mr. Heyman will check on this. (It is "adjusted gross income" as per IRS definition). RESOLVED, on recommendation of the Human Services and Budget and Fiscal Policy Committees, That said proposed Local Law No. 1 of 1996 - Amendment to Local Law No. 2 of 1966 As Amended - Providing for a Partial Tax Exemption for Real Property Owned by Persons with Limited Incomes who are Sixty -Five (65) Years of Age or Older be and hereby is adopted, RESOLVED, further, That the Clerk of the Board shall publish in the official newspaper of the 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: TYPE II -15 Report from the Budget and Fiscal Policy Committee Mr. Lerner, Chairman, had no report. Report and Presentation of Resolution(s) from the Governmental Affairs Committee Mrs. Livesay, Chair, reported the next meeting will be January 8 at 3 p.m. (This meeting was canceled due to lack of business). RESOLUTION NO. 3 - ESTABLISHING 1996 MEETING DATES MOVED by Mrs. Livesay, seconded by Mr. Lane. There was discussion concerning having only one Board meeting per month in the summer, however, no motion was made. A voice vote on the resolution resulted as follows: Ayes - 15, Noes - 0. RESOLUTION ADOPTED. RESOLVED, on recommendation of the Governmental Affairs Committee, That the 1996 regular meetings of the Tompkins County Board of Representatives are as follows: Tuesday, January 2, 1996 at 5:30 p.m. 8 January 2, 1996 Tuesday, January 16, 1996 at 5:30 p.m. Tuesday, February 6, 1996 at 5:30 p.m. Tuesday, February 20, 1996 at 5:30 p.m. Tuesday, March 5, 1996 at 5:30 p.m. Tuesday, March 19, 1996 at 5:30 p.m. Tuesday, April 2, 1996 at 5:30 p.m. Tuesday, April 16, 1996 at 5:30 p.m. Tuesday, May 7, 1996 at 5:30 p.m. Tuesday, May 21, 1996 at 5:30 p.m. Tuesday, June 4, 1996 at 5:30 p.m. Tuesday, June 18, 1996 at 5:30 p.m. Tuesday, July 2, 1996 at 5:30 p.m. Tuesday, July 16, 1996 at 5:30 p.m. Tuesday, August 6, 1996 at 5:30 p.m. Tuesday, August 20, 1996 at 5:30 p.m. Tuesday, September 3, 1996 at 5:30 p.m. Tuesday, September 17, 1996 at 5:30 p.m. Tuesday, October 1, 1996 at 5:30 p.m. Tuesday, October 15, 1996 at 5:30 p.m. Wednesday, November 6, 1996 at 5:30 p.m. Tuesday, November 19, 1996 at 5:30 p.m. Tuesday, December 3, 1996 at 5:30 p.m. Tuesday, December 17, 1996 at 5:30 p.m. SEQR ACTION: TYPE II -15 Report and Appointments from the Public Safety Committee Mr. Meskill, Chairman, had no report. Appointments It was MOVED by Mr. Meskill, seconded by Mr. Lane, and unanimously adopted by voice vote, to appoint Joel Cadbury to the Fire, Disaster and EMS Advisory Board representing the Town of Dryden for a term expiring December 31, 1998. Report, Presentation of Resolution(s) and Appointments from the Planning, Community Development and Education Committee Mrs. Schuler, Chair, reported the next meeting will be January 10 at 8:30 a.m. RESOLUTION NO. 4 - SUPPORT OF TOWN OF DRYDEN'S APPLICATION FOR GRANT FUNDING TO DEVELOP ABANDONED LEHIGH VALLEY RAILROAD BEDS INTO PUBLIC TRAILS MOVED by Mrs. Schuler, seconded by Mr. Lane, and unanimously adopted by voice vote. WHEREAS, the Town of Dryden is actively pursuing the redevelopment of its abandoned Lehigh Valley Railroad rights-of-way into public trails for use by pedestrians, bicyclists, skiers, etc., and is making application to obtain Federal ISTEA funding, and 9 January 2, 1996 WHEREAS, the Town in conjunction with the Village of Dryden reconstructed the railroad bed from the Village of Dryden to Dryden Lake as part of Dryden Lake Park, and the two municipalities have worked well together in maintaining this important public resource, and WHEREAS, the proposed new trails will be heavily used by members of the public during all seasons of the year, and will link population centers in the Town of Dryden such as the Villages of Dryden and Freeville and the Dryden High School, now therefore be it RESOLVED, That the Board of Representatives of Tompkins County supports the efforts by the Town of Dryden to develop its abandoned Lehigh Valley Railroad beds into additional public trails, and further supports the Town's application for grant funding through the Federal ISTEA program. SEQR ACTION: TYPE 1I-15 Appointments It was MOVED by Mrs. Schuler, seconded by Mr. Proto, and unanimously adopted by voice vote, to approve the following appointments to the Tompkins County Planning Federation with terms to be determined: Penny Boynton - Town of Caroline representative Arch Dotson - Town of Danby representative Report from the Economic Development Committee Ms. Mink, Chair, reported the next meeting will be January 23 at 9 a.m. Report and Appointments from the Solid Waste Committee Mr. Todd, Chairman, had no report. The next meeting will be January 3 at 10 a.m. (This meeting was canceled due to weather conditions). Appointments It was MOVED by Mr. Todd, seconded by Mr. Evans, and unanimously adopted by voice vote, to appoint Nancy TenKate to the Landfill Neighborhood Protection Committee as the Town of Dryden representative for a term expiring December 31, 1998. Report and Presentation of Resolution(s) from the Human Services Building Construction Committee Ms. Mink, Chair, reported the Committee met for the first time a couple weeks ago and discussed land purchases. The Committee will meet the first and third Thursday of each month in the Board Room, but the meetings on January 12 and 18 will be at 1 p.m. Ms. Mink announced there will be a field trip taken on January 11 to Saratoga County to view a building. RESOLUTION NO. 5 - DESIGNATION OF RESPONSIBILITY TO RECOMMEND FUTURE LOCATIONS OF PARTIES AFFECTED BY THE PROJECTED CLOSURE OF BIGGS BUILDING A MOVED by Ms. Mink, seconded by Ms. Blanchard. Following discussion, it was the consensus of the Board that a recommendation to relocate an agency will include an analysis of the costs involved. A voice vote on the resolution resulted as follows: Ayes - 15, Noes - 0. RESOLUTION ADOPTED. 10 January 2, 1996 WHEREAS, this Board has voted not to invest substantial funds in improvements to the heating and ventilation system in Biggs Building A and has voted to construct a new building to house the operations of the Departments of Social Services, Probation, Youth, and of Central Services, and WHEREAS, the future location of all of the County and not-for-profit agency programs located in Biggs Building A must be determined during 1996 and it is desirable to clarify the sequence of decision-making and the roles of various parties in this process, now therefore be it RESOLVED, on recommendation of the Human Services Building Construction Committee, that the following parties are charged with the following tasks: 1. The Human Services Building Construction Committee shall keep all of the parties and organizations named below and Odyssey Research Associates, Inc., informed and up to date on the likely timetable of events in connection with construction of the new Human Services Building, and especially of the likely date after which tenancy of Biggs Building A will not be possible. The Construction Committee shall also make all recommendations to this Board on real property purchases in connection with the project, and on all arrangements made with and on behalf of persons, agencies, and companies that occupy property that will be required for the project. 2. The Chair of the Board of Representatives shall appoint an Employee Day Care Task Force. This shall have representation from employee groups, the Tompkins Employees Day Care staff and board, the Day Care Council, County Administration, and County Personnel. The Task Force shall recommend by a date to be determined by the Human Services Building Construction Committee on the future nature of the County's day care subsidy for employees, and on the nature, size, and location of any County -sponsored day care center. The recommendation(s) of this task force must be acted upon by the Board of Representatives before any final recommendations can be submitted or acted on by any of the parties below. 3. The Human Services Committee shall recommend to this Board on a new location for the Department of Human Rights. It shall recommend on new locations for Foodnet and for the Economic Opportunity Corporation only in the event that either requests additional funding to pay for space. 4. The committee responsible for the Department of County Clerk in 1996 shall recommend on a new location for records storage. 5. The Public Safety Committee shall recommend on a new location for the New York State Police substation. 6. The committee in charge of the Buildings and Grounds Division in 1996 shall recommend on space to replace existing workshop and office space in Biggs Building A. 7. The Planning Committee shall make all recommendations on the future of Biggs Building A and of the remaining County lands and buildings at the Biggs Center. SEQR: TYPE II -15 Member -Filed Resolution RESOLUTION NO. 6 - RESOLUTION OF APPRECIATION - ERIC J. LERNER MOVED by Ms. Mink, seconded by Mr. Meskill, and unanimously adopted by voice vote. WHEREAS, Eric J. Lerner, District No. 2 Representative, was elected to the Tompkins County Board of Representatives in 1990 with a desire to make government more responsive and effective, and WHEREAS, Eric J. Lerner has used his training in philosophy and experience in administration to tackle some of our most difficult issues, and WHEREAS, Eric J. Lerner has helped us streamline our budgeting process, deal effectively with solid waste, and improve delivery of public safety and health services, now therefore be it RESOLVED, That Eric J. Lerner receive the appreciation of his colleagues for his contributions to Tompkins County Government and our best wishes for whatever challenges lie ahead. SEQR ACTION: TYPE II -15 11 Recess January 2, 1996 Chairman Stein declared recess from 6:50 p.m. to 7:02 p.m. Executive Session It was MOVED by Mr. Meskill, seconded by Mr. Evans, and unanimously adopted by voice vote, to enter into executive session at 7:02 p.m. to discuss a personnel matter, property transaction matters, and potential litigation. The following motion was taken during executive session: It was MOVED by Mr. Joseph, seconded by Mr. Evans, and unanimously adopted by voice vote, to confirm the appointment of Lauren Austin to the position of Human Rights Director. The meeting returned to open session at 8:47 p.m. Approval of Minutes By motion and unanimously adopted by voice vote, the minutes of November 28, 1995, were approved as submitted. It was MOVED by Mr. Proto, seconded by Mr. Todd, to approve the minutes of December 19, 1995, with the corrections submitted by Representative Kiefer. A voice vote resulted as follows: Ayes - 13, Noes - 2 (Representatives Meskill and Winch). MINUTES APPROVED. Report from the Charter Review Committee Mr. Lane, Chairman, had no report. Report from the Electronic Future Committee Mr. Evans, Chairman, had no report. Report from the Leadership Council Ms. Mink, Chair, had no report. Report from the Public Information Committee Mr. Joseph, Chair, reported the Committee will meet January 3 at 9 a.m. (This meeting was canceled because of weather conditions). Report from the Rural Affairs Committee Mr. Proto, Chairman, reported the Committee has not met, and is in the process of finalizing a year-end report. Adjournment On motion the meeting adjourned at 8:49 p.m. 12 January 16, 1996 Regular Meeting Called to Order The meeting was called to order at 5:32 p.m. Pledge of Allegiance to the Flag and Roll Call of Members Members and guests participated in the Pledge of Allegiance to the Flag. Present: 13 Representatives; Excused: 1 (Representative Todd); Vacancy: 1 (District No. 2). Approval of Minutes of January 2, 1996 This item was forwarded to the end of the agenda. Privilege of the Floor by the Public Doria Higgins, Town of Ithaca, stated she spoke to the Board two weeks ago concerning the State budget and the proposed downsizing of staff in the Department of Environmental Conservation. She said the State budget proposes a 3.5 percent downsizing of the Department of Environmental Conservation is expected to be voted on April 1. However, the Governor and the new Commissioner of the Department of Environmental Conservation have on their own, decided to eliminate 16 of 30 staff positions (54 percent) in the Regulatory Services Albany central office section of the DEC, without consultation or discussion with the State Legislature. She said it is not only the disproportionate downsizing of Regulatory Services in the Albany central office the Board is being asked to protest with the resolution on the agenda, but also the fact that this is being done without discussion or agreement by the State Legislature. Chairman Stein introduced Arjum Raj, Ithaca High School Senior. Mr. Raj introduced his fellow students and stated they are here to take a more active role in local government because by attending meetings they have learned how much local government affects all lives. Privilege of the Floor by Board Members Mr. Proto, District No. 7 Representative, mentioned an occasion where a deer was spotted on a hillside in the City of Ithaca near Chairman Stein's home commenting that the City is also a rural part of the County. Mr. Lane, District No. 14 Representative, reported on activities of the Intermunicipal Cable Television Commission. Mr. Lane stated a quarterly meeting was held at the Trumansburg Home Telephone Company, and the Commission was given a demonstration on two-way video conferencing capabilities. There was also discussion on progress of joint negotiation for franchises with Time Warner. He said the Commission was very pleased to have a representative of Time Warner at that meeting. He said Time Warner is very anxious to work towards getting this kind of joint franchise. Mr. Lane reported a public hearing has been scheduled for February 8 in the Board Room at 7 p.m. He said comments from the public will be sought on the issue of cable television converters. This public hearing will be televised on the governmental station. Mr. Meskill, District No. 15 Representative, passed condolences to the family of Herbert Haight who passed away this week. Mr. Haight was a former representative from the Town of Ulysses to this Board, and also a Village Justice. 13 January 16, 1996 Additions of Resolution(s) to the Agenda 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: Opposing Major Cuts of Staff at the Department of Environmental Conservation, Division of Regulatory Services Award of Contract - Recycling and Solid Waste Center Security System Audit of Final Payment - Biggs A IAQ - Kimble, Inc. Agreement with NYSEG Corporation for Furnishing Street Lighting Service for Brown Road, Village of Lansing Virgil Creek Flood Control Project - Grant Acceptance Chairman's Report and Appointments Chairman Stein recognized and welcomed Susanne Davis who has been recommended by the City of Ithaca Second Ward Democratic Committee to fill the vacancy on the Board left by Eric Lerner. He stated action on her nomination to this Board is expected to take place by Common Council on January 31, 1996. Mr. Stein reported assignments to Standing and Special Committees of the Board have been distributed, and copies of this and responsibilities of the committees have been placed on the press table. Mr. Stein suggested having members stay after this meeting to discuss meeting schedules for 1996. Chairman Stein said he has also prepared and distributed an Annual Statement. He highlighted some of the points made in that statement. Mr. Stein stated he has tried to focus on some of the actions and challenges he anticipates will occur in the coming year, as well as some of the accomplishments. The three major goals that were outlined two years ago are still retained as the goals: restructuring the County budget process, coordinating and enhancing economic development, and improving the delivery of services and management of County government. He stated each one of these goals needs to be addressed in the coming year by the appropriate committee. The County will continue moving forward with the leadership program. In the coming year the County has a great deal of work involved in the human services building, and also the E911 system. He said he expects the Charter Review Committee to come forward in a couple of months with a report and recommendations for change that this Board will review and consider. The Electronic Future Committee has some emerging projects, and expects some interesting proposals to come forward in the next couple of months. The Rural Affairs Committee is moving into the third phase, and proposals are expected from that Committee as well. There are a number of things going on in the planning arena, including the Tompkins Cortland Community College Master Plan. The County will be seeking more community development and housing funds, and the County has just undertaken a planning design project for the improvement of the entire lakefront of Cayuga Lake. Mr. Stein stated he is suggesting the Governmental Operations and Administration Committee, review the possibility for re-evaluation for the County. It has been six years since this was done last. In the Recycling and Solid Waste area, the County's Recycling and Solid Waste Center has ended the year with an amount that surpassed 1995 projections by approximately $200,000. He said the County has concerns and will monitor the takeover of CRlnc. by Waste Management. One of the most important challenges the County will have to deal with are the possible State and Federal cutbacks in primarily the human and health services areas. 14 January 16, 1996 Mr. Stein stated he is taking a major step this year at looking into intermunicipal cooperation and service consolidation, and is appointing a special committee. The Committee will begin to undertake a thorough investigation of what services can be consolidated, coordinated, or perhaps what services might be turned around and taken over by the towns or County. Mr. Stein reported that the public transit system will be consolidated this year. Chairman's Appointments Chairman Stein made the following reappointments: Ithaca Metropolitan Planning Organization Stuart W. Stein, Delegate Barbara Blanchard, Alternate Chamber of Commerce Board of Directors Stuart W. Stein, Delegate Barbara Mink, Alternate Tompkins County Area Development Stuart W. Stein, IDA representative Barbara Mink, Tompkins County representative James Hanson, Ex -officio Ithaca -Tompkins Transit Operations Committee Barbara Blanchard Frank Proto Report from the County Administrator Mr. Heyman reported Lauren Austin, Human Rights Director, began work today. He said interviews for the Criminal Justice Coordinator position will begin next week. Report from the County Attorney Mr. Theisen had no report. Report from the Finance Director Mr. Squires reported the amount received in 1995 for County sales tax is about the same as in 1994. He said significant progress has been made in reducing the County's inventory of delinquent tax parcels. At year-end there was approximately $457,000 of properties subject to foreclosure. This amount has been reduced from 61 parcels to 38, and $250,000 has been collected in the last two weeks. He said an experiment was conducted on twelve parcels that his office was unable to get return acknowledgment from the owners. The parcels were telecast on the Government Access Channel. The most current information on the foreclosure listing was distributed to Board members prior to the meeting, along with an Annual Report on Passenger Facility Charges at the Airport. Mr. Heyman noted that there is $170,000 less in sales tax, so there will be no extra money going to reserves. Resolution(s) Approved Under the Consent Agenda 15 January 16, 1996 RESOLUTION NO. 7 - AUTHORIZING A PUBLIC HEARING ON PROPOSED LOCAL LAW NO. 1 OF 1996 - AMENDMENT TO THE CHARTER AND CODE, ARTICLE 4 - DIVISION OF ASSESSMENT - TO ELIMINATE THE SEPARATE ASSESSMENT ROLLS FOR VILLAGES AND THE CORRESPONDING BOARDS OF ASSESSMENT REVIEW AND GRIEVANCE DAYS MOVED by Mr. Meskill, seconded by Mrs. Schuler, and unanimously adopted by voice vote by members present under the Consent Agenda. RESOLVED on recommendation of the Governmental Affairs 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 6, 1996, at 5:30 o'clock in the evening thereof concerning proposed Local Law No. 1 of 1996 - Amendment to the Charter and Code, Article 4 - Division of Assessment - to Eliminate the Separate Assessment Rolls for Villages and the Corresponding Boards of Assessment Review and Grievance Days. 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: TYPE II -15 RESOLUTION NO. 8 - AUTHORIZING PUBLIC HEARINGS FOR 1996 SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) MOVED by Mr. Meskill, seconded by Mrs. Schuler, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, Tompkins County has been an active participant in the Small Cities CDBG program during the past five years, and WHEREAS, the United States Department of Housing and Urban Development (HUD) has announced a funding round for 1996, for which applications are due on Wednesday, March 13, 1996, and WHEREAS, HUD requires two public hearings to be held as part of the application process, now therefore be it RESOLVED, on recommendation of the Planning, Community Development and Education Committee, That Tompkins County be authorized to hold public hearings on the Small Cities CDBG program on Tuesday, February 6, and Tuesday, March 5, 1996, at 5:30 p.m. in Board Chambers of the Tompkins County Courthouse, 320 North Tioga Street, Ithaca, New York, to describe the 1996 CDBG program. 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 directed to place notice of said public hearing in the official newspaper of Tompkins County. SEQR ACTION: TYPE II -15 Withdrawal of Resolution(s) Not Requiring Board Action Chairman Stein gave the appropriate committee chairmen permission to withdraw from the agenda the following resolutions with final committee action being affirmed: CA001-96 - Authorization to Contract with the Tompkins County Senior Citizens Council, Inc. for the Annual Walk for Fitness 16 January 16, 1996 CA002 —96 - Budget Adjustment, Small Cities CDBG Funds for 1996 from Previously Approved Grants Report and Presentation of Resolution(s) from the Transportation Services Committee Ms. Blanchard, Chair, reported the Committee met January 8 and had a presentation from the Highway Division that covered accomplishments during the 1995 construction season and also an outline of the expenditure plan for special request funds that were granted as part of the budget process and also the target increases. Ms. Blanchard said a copy of the overheads that were used during that presentation was distributed before this meeting. She stated the Commissioner of Public Works and the City Superintendent of Public Works have entered into discussions with the Regional Director of the Department of Transportation about the way bridge work is done. The Committee also discussed street lighting and alternatives for Brown Road. A resolution is on the agenda which addresses this. She said there was also discussion concerning the closure of Brian's Landing Restaurant at the Airport. The Committee is working with a number of individuals to see if it can be reopened under some specific conditions. The next meeting will be January 31 at noon at the Airport. RESOLUTION NO. 9 - AUTHORIZING ADMINISTRATIVE PROCEDURES OF THE ITHACA-TOMPKINS COUNTY TRANSPORTATION COUNCIL MOVED by Ms. Blanchard, seconded by Mr. Proto, and unanimously adopted by voice vote by members present. WHEREAS, Tompkins County serves as the Host Agency for the Ithaca -Tompkins County Transportation Council, the Metropolitan Planning Organization for the Ithaca -Tompkins County Metropolitan Area, and WHEREAS, the County has a contract with the New York State Department of Transportation to provide funding for the Ithaca -Tompkins County Transportation Council through grants provided by the Federal Highway Administration and Federal Transit Administration and administered by the new York State Department of Transportation, and WHEREAS, the Transportation Policy Committee of the Ithaca -Tompkins County Transportation Council has unanimously adopted a Unified Operations Plan which provides for the bylaws and administrative policies and procedures which govern the meetings and general operations of Council, and WHEREAS, the Transportation Policy Committee of the Ithaca -Tompkins County Transportation Council has recently amended its Unified Operations Plan to include policies and procedures governing the approval and authorization of travel reimbursements, purchasing, and budgetary amendments and revisions, and WHEREAS, the Transportation Policy Committee of the Ithaca -Tompkins County Transportation Council (ITCTC) has requested that the Tompkins County Board of Representatives exempt the ITCTC and its employees from the County's Travel Policy, subject to the ITCTC's adopted administrative procedures, now therefore be it RESOLVED, on recommendation of the Transportation Services Committee, That the County Director of Finance is authorized and directed to approve travel authorization, purchasing, and budgetary amendments with revisions on behalf of the Ithaca -Tompkins County Transportation Council in accordance with the Unified Operations Plan of said organization. SEQR ACTION: TYPE II -15 RESOLUTION NO. 10 - AUTHORIZING AN AGREEMENT TO TRANSPORT DE-ICING RESIDUE FROM TOMPKINS COUNTY AIRPORT TO A WASTEWATER HANDLING FACILITY 17 January 16, 1996 MOVED by Ms. Blanchard, seconded by Mr. Meskill, and unanimously adopted by voice vote by members present. WHEREAS, there is an ongoing need to dispose of de-icing fluid used for aircraft de-icing and anti -icing operations at the Tompkins County Airport, and WHEREAS, the County's Purchasing Department has solicited bids from qualified companies for the transportation of de-icing residue from the Airport's containment tank to the Watertown Wastewater Treatment Facility for a four-year period from January 1, 1996 through December 31, 1999, now therefore be it RESOLVED, on recommendation of the Transportation Services Committee, That an agreement with Waste Stream Environmental, Inc., being the lowest responsible bidder, be approved and the County Administrator be authorized to execute said agreement. SEQR ACTION: TYPE II -15 RESOLUTION NO. 11 - TRANSPORTATION ENHANCEMENT APPLICATION(S) ENDORSEMENT MOVED by Ms. Blanchard, seconded by Mrs. Schuler, and unanimously adopted by voice vote by members present. Ms. Kiefer requested a copy of the list of projects referred to in this resolution. WHEREAS, Tompkins County Department of Public Works Highway Division has submitted eleven (11) applications under the ISTEA Transportation Enhancement Program to determine eligibility for funding, and WHEREAS, the eleven (11) projects have been endorsed by the Ithaca -Tompkins County Transportation Council (ITCTC) to be in accordance with the Long Range Plan (LRP) of the Metropolitan Planning Organization (MPO), and WHEREAS, the eleven (11) projects listed have a cost estimate of $3,944,744, including a local share of $788,948, and WHEREAS, the Enhancement Application(s) required evidence of support to be submitted no later than January 15, 1996, now therefore be it RESOLVED, on recommendation of the Transportation Services Committee, That the Highway Division proceed with the applications to New York State Department of Transportation (NYSDOT) for inclusion of any or all of eleven (11) projects in the ISTEA Transportation Enhancement Program, RESOLVED, further, That the Tompkins County Board of Representatives supports the local share requirement for any or all projects, RESOLVED, further, That the County Administrator be hereby authorized to execute any necessary agreement(s) with NYSDOT to assure availability of the non-federal (local) share for any or all of the eleven (11) projects selected by NYSDOT. SEQR ACTION: TYPE II -15/18 RESOLUTION NO. 12 - AUDIT OF FINAL PAYMENT - BIGGS A IAQ - KIMBLE, INC. MOVED by Ms. Blanchard, seconded by Mr. Totman, and unanimously adopted by voice vote by members present. RESOLVED, on recommendation of the Transportation Services Committee, That the following claim against the County of Tompkins, be and hereby is audited by the Board of Representatives Vendor Kimble, Inc. Payment Request 5 (Final) 18 Account No. Amount HK1621.9239 $4,487.18 January 16, 1996 RESOLVED, further, That the Finance Director be and hereby is authorized and directed to pay said claim from Account No. HK1621.9239. SEQR ACTION: TYPE 11-15 RESOLUTION NO. 13 - AGREEMENT WITH NYSEG CORPORATION FOR FURNISHING STREET LIGHTING SERVICE FOR BROWN ROAD, VILLAGE OF LANSING MOVED by Ms. Blanchard, seconded by Mr. Totman, and unanimously adopted by voice vote by members present. At Mrs. Livesay's request, Ms. Blanchard said she would look into what accommodations are being made for bike lanes. WHEREAS, the County of Tompkins, by written application, requests that the NYSEG Corporation furnish street lighting services to Brown Road, and WHEREAS, the agreement for service will be effective immediately for an initial period of five (5) years, and WHEREAS, the Department of Public Works Highway Division will pay NYSEG Corporation an estimated $2,574.72 per year for service, now therefore be it RESOLVED, on recommendation of the Transportation Services Committee, That the agreement with NYSEG Corporation for electric power be and is hereby approved and that the County Administrator or designee be authorized to execute the agreement. SEQR ACTION: TYPE 11-15 Report from the Facilities and Operations Committee Mr. Winch, Chairman, had no report. Report, Presentation of Resolution(s) and Appointments from the Health and Environmental Quality Committee Mr. Evans, Chairman, reported the Committee met January 11, and discussed travel costs of the Health Department, and it was determined that it is less expensive for an employee to drive a County vehicle rather than be reimbursed for mileage. He said after considerable discussion concerning carbonless forms, it was decided that Mr. Croteau, Health and Safety Coordinator, would discuss this issue with the Safety Committee, and Ms. Cole, Public Health Director, would bring this issue up at the next Department Head meeting before the Committee makes any decision. There was discussion about primary health care, and there are many doctors taking new patients; however, there are no providers in the City accepting new Medicaid patients, which is of additional concern with the new human services building being located downtown. RESOLUTION NO. 14 - OPPOSING MAJOR CUTS OF STAFF AT THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, DIVISION OF REGULATORY SERVICES MOVED by Mr. Evans, seconded by Ms. Kiefer. Mr. Evans stated this resolution was supported by the Environmental Management Council and one of the members of that advisory board who is an environmental attorney, also attended a Committee meeting and spoke in support of this. There was concern expressed by some members of the Board for the lack of documentation on this issue. 19 January 16, 1996 It was MOVED by Mr. Meskill, seconded by Mr. Lane, to amend the resolution as follows: Third WHEREAS, strike the word "apparently" after "Commissioner" and add the word "that" after "informed"; in the first RESOLVED, add the wording "without a thorough discussion by the State legislature, the possibility of' after "strongly oppose, and also add the wording "of up to 50 percent" before "will seriously". A voice vote on the amendment resulted as follows: Ayes - 13, Noes - 0; Excused - 1 (Representative Todd); Vacancy - 1 (District No. 2). AMENDMENT CARRIED. A voice vote on the resolution as amended resulted as follows: Ayes - 10, Noes - 3 (Representatives Proto, Totman and Winch); Excused - 1 (Representative Todd); Vacancy - 1 (District No. 2). RESOLUTION ADOPTED. WHEREAS, the Division of Regulatory Services in the New York Department of Environmental Conservation (DEC) is that section of DEC which provides valuable assistance to local government in implementing SEQRA, as well as provides valuable assistance to local governments in implementing SEQRA, as well as provides permit assistance to local governments and oversees the environmental review of State Revolving Fund projects, and WHEREAS, an overall downsizing of DEC by four percent (4%) has been proposed in the 1996- 97 State budget, and WHEREAS, the Tompkins County Board of Representatives has been informed that the Governor and DEC Commissioner intend to make much deeper cuts in the number of staff positions in the Division of Regulatory Services, and WHEREAS, the planned cuts would greatly exceed four percent (4%) and would take effect prior to the State Legislature's vote on the 1996-97 budget, now therefore be it RESOLVED, on recommendation of the Health and Environmental Quality Committee, That the Tompkins County Board of Representatives does hereby strongly oppose, the possibility of such a large and disproportionate reduction in the staff of the DEC Division of Regulatory Services, which reduction of up to 50 percent will seriously undermine effective implementation of SEQRA and curtail the other services that office provides to local governments, RESOLVED, further, That Governor Pataki and DEC Commissioner Zagata be informed of the opposition of the Tompkins County Board of Representatives to the deep and disproportionate reduction in the staff of the DEC Division of Regulatory Services by sending them copies of this resolution. SEQR ACTION: TYPE II -15 Appointments It was MOVED by Mr. Evans, seconded by Ms. Kiefer, and unanimously adopted by voice vote by members present, to approve the following appointments to the Environmental Management Council with terms expiring December 31, 1997: Larry Sharpsteen - Town of Lansing representative Patricia Meinhardt - Village of Cayuga Heights representative Elizabeth Brauner - Town of Groton representative Report, Presentation of Resolution(s) and Appointments from the Human Services Committee Mr. Joseph, Chairman, reported the Committee met last week. The Department of Social Services will be making a presentation to the Committee next month on the impacts of the proposed State budget cuts. RESOLUTION NO. 15 - APPROPRIATION FROM CONTINGENT FUND, DEPARTMENT OF HUMAN RIGHTS 20 January 16, 1996 MOVED by Mr. Joseph, seconded by Mr. Evans. Mr. Meskill expressed concern for authorizing a Contingent Fund request at a time when the budget year has just begun. He said he would prefer approving this resolution later in the year if still needed. He also expressed concern that this resolution was not reviewed by the Budget and Fiscal Policy Committee. At the request of Mr. Meskill, this resolution was referred to the Budget and Fiscal Policy Committee. RESOLUTION NO. 16 - APPROPRIATION FROM CONTINGENCY FUND FOR EOC (ECONOMIC OPPORTUNITY CORPORATION) MOVED by Mr. Joseph, seconded by Ms. Blanchard. A short roll call vote resulted as follows: Ayes - 13, Noes - 0, Excused - 1 (Representative Todd); Vacancy - 1 (District No. 2). RESOLUTION ADOPTED. WHEREAS, EOC has lost funding, including rent monies, for its downtown programs, and WHEREAS, it is desirable to allow enough time for the community policing program and other users of the EOC space sufficient time to find and arrange other space, and WHEREAS, EOC has proposed $1,000 per month for the months of January and February, and WHEREAS, EOC has been able to raise $1,000 of the necessary $2,000, now therefore be it RESOLVED, on recommendation of the Human Services and the Budget and Fiscal Policy Committees That $1,000 be appropriated from the Contingency Fund to EOC to cover rent on their downtown offices for January and February provided said funds will enable EOC to remain in the building during that time. SEQR ACTION: Type II -15 Appointments It was MOVED by Mr. Joseph, seconded by Ms. Kiefer, and unanimously adopted by voice vote by members present, to appoint Joyce Henniger to the Tompkins County Youth Board as the Town of Lansing representative for a term expiring December 31, 1998. It was MOVED by Mr. Joseph, seconded by Mr. Winch, and unanimously adopted by voice vote by members present, to appoint Catherine Paddock to the Office for the Aging Advisory Committee for a term expiring December 31, 1998. Report from the Budget and Fiscal Policy Committee Ms. Mink, Vice Chair, reported the Committee met briefly before this meeting to take action on a resolution listed on the agenda. Report from the Governmental Affairs Committee Mrs. Livesay, Chair, reported the Committee did not meet last week as expected. She thanked those who served on the Committee during 1995 for their hard work and commitment. Report and Appointments from the Public Safety Committee Mr. Meskill, Chairman, reported the Committee meeting scheduled last week was canceled. The E911 Operations Committee will be meeting January 17. He said he has had several conversations with NYNEX and State representatives concerning the E911 system. He has copied Board members on correspondence related to this matter. He expects a meeting to be held in the next couple of weeks that will lead to a resolve of the situation. 21 January 16, 1996 Appointments It was MOVED by Mr. Meskill, seconded by Ms. Kiefer, and unanimously adopted by voice vote by members present, to approve the following appointments to the Fire, Disaster and EMS Advisory Board for terms to expire December 31, 1998: Larry S. Cooper - Village of Cayuga Heights, Delegate William Evans - Village of Cayuga Heights, Alternate Report, Presentation of Resolution(s) and Appointments from the Planning, Community Development and Education Committee Mrs. Schuler, Chair, reported the Committee met last week and was Chaired by Vice Chairman, Lane. She stated she and Representative Evans, attended a day and a half long conference at Tompkins Cortland Community College entitled Partnerships - Our Bridge to the Future, and there were approximately 80 participants representing various groups in attendance. She stated the Request for Proposals for the Public Library Space Feasibility Study went out today. She reported almost 500 people participated in the Martin Luther King Annual Breakfast held on Saturday. Mr. Schuler also reported the Community Arts Partnership Decentralization Grants handed out $18,000 to 23 organizations in the County. The tour of the Groton Library will be scheduled soon. RESOLUTION NO. 17 - VIRGIL CREEK FLOOD CONTROL PROJECT - GRANT ACCEPTANCE MOVED by Mrs. Schuler, seconded by Mr. Lane, and unanimously adopted by voice vote by members present. WHEREAS, Tompkins County has received a $12,500 grant from the State of New York to reimburse the County for administrative expenses associated with the Virgil Creek Flood Control Project, and WHEREAS, these monies will reduce costs equally to the County, Town of Dryden and Village of Dryden, now therefore be it RESOLVED, on recommendation of the Planning, Community Development and Education committee, That the Board of Representatives shall authorize the acceptance of these funds from the State of New York, RESOLVED, further, That the County Administrator be authorized to sign any contractual agreements with the State to implement this grant. SEQR ACTION: TYPE II -15 Appointments It was MOVED by Mrs. Schuler, seconded by Mr. Totman, and unanimously adopted by voice vote by members present, to approve the following appointments to the Tompkins County Planning Federation with terms to be determined: Edward J. Hickey - Village of Lansing representative Viola H. Miller - Town of Lansing representative Richard A. Chase - Town of Enfield representative Monica A. Carey - Town of Groton representative Candace Cornell - Town of Ithaca representative Thomas A. Guyan - Village of Groton representative 22 January 16, 1996 Report from the Economic Development Committee Ms. Mink, Chair, reported the first meeting in 1996 will be held January 23 at 9 a.m. The committee will be getting a report from Angela Noble who does the microenterprise development for the City, and also a report from the Advisory Board on Tourism Development on a retreat they held. The Committee will also be developing its priorities for 1996. Report and Presentation of Resolution(s) from the Human Services Building Construction Committee Ms. Mink, Chair, reported the Committee will meet January 18 at 1 p.m. The Committee has spent a lot of time reviewing the pros and cons on whether to go with a design build option for the building or to go with a design, bid, build option, and the Committee unanimously decided to go with an architect. This will allow the Committee to have more control over the project and its cost. The next meeting will be January 18. The regular meetings for the year have been scheduled for the first and third Thursdays of each month at 9 a.m. She said she hopes to generate a newsletter from the committee every couple of months with a report from Board members, the stakeholders group, and the CSEA union, as a way of maintaining communications with this Board and employees in a more structured manner. RESOLUTION NO. 18 - AUTHORIZATION TO AMEND CONTRACT - ARCHITECTURAL SERVICES FOR THE HUMAN SERVICES BUILDING WITH THOMAS ASSOCIATES MOVED by Ms. Mink, seconded by Mr. Evans. A voice vote resulted as follows: Ayes - 13, Noes - 0, Excused - 1 (Representative Todd); Vacancy - 1 (District No. 2). RESOLUTION ADOPTED. Ms. Kiefer asked if this proposal included the possibility of consultation with experts in energy-efficient construction and environmentally friendly building materials; Ms. Mink said that is possible. WHEREAS, the Human Services Space Planning Committee was directed by Resolution No. 78 of 1995 to designate a site for the Design and Construction of a Human Services Office Building with site improvements, and WHEREAS, the Human Services Space Planning Committee awarded a contract to Thomas Associates for site evaluation and preliminary design of the new Human Services building, and WHEREAS, the Human Services Building Construction Committee, as formed by Resolution No. 287 of 1995, and the Board of Representatives wishes to continue with the project and add to the scope of services by having Thomas Associates provide design with limited construction administration services and construction documents for the new Human Services building, as described in the proposal, from Thomas Associates, dated January 12, 1996, now therefore be it RESOLVED, on recommendation of the Human Services Building Construction Committee, That the County Administrator be and hereby is authorized to execute a contract addendum with Thomas Associates for Schematic Design through Construction Documents and Furnishings and Equipment Phases, as described in Thomas' proposal of January 12, 1996, for an additional amount not to exceed $429,700 plus reimbursable expenses as described in Contract ENG -95-06, AIA B141 and Thomas' proposal of January 12, 1996. SEQR ACTION: TYPE II -18 Report, Presentation of Resolution(s), and Appointments from the Solid Waste Committee Ms. Kiefer, Vice Chair, reported the Committee met January 8, and a major item acted on at that meeting was to extend curbside recycling pickup in the City of Ithaca for six months at the same rate as before. She stated the Assistant County Attorney continues to research the possibility of having a 23 January 16, 1996 special solid waste district for Tompkins County which could be an alternative for the Annual Solid Waste Fee. The tentative date for the next meeting will be January 23 at 1 p.m. Mr. Lane said the villages have had to adjust to pickup every other week instead of every week, and he is concerned that all municipalities are not being treated the same as there is weekly recycling pickup in the City. Mr. Heyman stated the City of Ithaca pays the cost for the weekly pickup. Appointment It was MOVED by Ms. Kiefer, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, to appoint Phil Rach to the Neighborhood Advisory Committee for the Commercial Avenue Central Processing Facility for a term expiring December 31, 1998. RESOLUTION NO. 19 - AWARD OF CONTRACT - SOLID WASTE CENTER SECURITY SYSTEM (RESOLUTION REFERRED TO COMMITTEE; ADOPTED FEBRUARY 6, 1996) MOVED by Ms. Kiefer, seconded by Mr. Winch. Mr. Meskill asked why the security system was not included in the original cost and was told by Ms. Kiefer it was one of the ways to save on expenses and it was not anticipated that the building would be subject to the vandalism that has occurred. Mr. Meskill felt if Waste Management, Inc., is in charge of vandalism as far as insurance and risk factor, they should be responsible for the cost of the alarm if it is going to reduce their risk factor. Mr. Proto noted that the County is the landlord, and it's a good investment to protect our own property. There was particular concern about the monitoring cost on $417.50 per month being paid by the County. It was suggested by Mr. Proto that during the next round of negotiations with Waste Management, Inc., that the monthly cost of this security system be discussed. Mrs. Schuler asked if negotiations on this could take place now. This was unknown. It was MOVED by Mr. Lane, seconded by Mr. Meskill, to refer this resolution back to the Solid Waste Committee with the intention to renegotiate this cost. A voice vote on the motion resulted as follows: Ayes — 10; Noes - 3 (Representatives Kiefer, Livesay and Stein); Excused - 1 (Representative Todd); Vacancy - 1 (District No. 2). RESOLUTION REFERRED TO COMMITTEE. [A typographical error was later found in the draft resolution presented to the board. The monthly cost for the security system would be $17.50, not $417.50.] Appointments It was MOVED by Ms. Kiefer, seconded by Mr. Evans, and unanimously adopted by voice vote by members present, to appoint Deborah Grantham to the Hillview Road Landfill Citizens Advisory Committee as an at -large representative for a term expiring December 31, 1998. Report from the Charter Review Committee Mr. Lane, Chairman, reported the Committee met last week. The next meeting will be January 23 at 3:15 p.m. Report from the Electronic Future Committee Mr. Evans, Chairman, reported the Committee will meet January 19 a 2 p.m. in the Sherman Peer Room. The Committee will be working on finalizing an end -of -year report and will continue discussion on the data -comm district. Report from the Leadership Council 24 January 16, 1996 Ms. Mink, Chair, distributed a timetable for long range planning efforts about to be undertaken. She discussed plans for two upcoming Board retreats for the purpose of drafting a vision, mission, and goals for the County. These dates were tentatively set for February 10 and 28. Report from the Public Information Committee The next meeting will be January 18 at 11 a.m. Report from the Rural Affairs Committee Mr. Proto, Chairman, reported the Committee has not scheduled its first meeting in 1996. When the Committee does meet, it will be reviewing a draft of the year-end report. Approval of Minutes of January 2, 1996 MOVED by Mr. Meskill, seconded by Mr. Evans. It was MOVED by Representative Kiefer, seconded by Mr. Joseph, to amend the minutes with the submissions by Representative Kiefer. A voice vote on amending the minutes resulted as follows: Ayes — 8; Noes - 5 (Representatives Blanchard, Meskill, Proto, Totman and Winch); Excused - 1 (Representative Todd); Vacancy - 1 (District No. 2). The minutes as amended were approved by voice vote. Adjournment On motion the meeting adjourned at 7:48 p.m. 25 February 6, 1996 Regular Meeting Public Hearing - Local Law No. 2 of 1996 Chairman Stein called the first public hearing to order at 5:32 p.m. concerning proposed Local Law No. 2 of 1996 - Amendment to the Charter and Code, Article 4 - Division of Assessment - to Eliminate Separate Assessment Rolls for Villages and the Corresponding Boards of Assessment Review and Grievance Days. Mr. Stein asked if any member of the public wished to speak. No one wished to speak and the public hearing was closed at 5:33 p.m. Public Hearing Small Cities Community Development Block Grant Chairman Stein called the second public hearing to order at 5:33 p.m. concerning the Small Cities Community Development Block Grant (CDBG). He asked if any member of the public wished to speak. James Hanson, Commissioner of Planning, read the following statement and submitted same for the record: TOMPKINS COUNTY PUBLIC HEARING ONE DISCUSSION "This is the first of two public hearings on the 1996 Small Cities Community Development Block Grant (CDBG) program.. The first hearing will cover aspects of the 1996 competition, and changes from previous years, as well as the performance of Tompkins County with the previous Small Cities grants it has received. The second hearing, to beheld on March 5, will discuss the proposed 1996 County application or applications. Tompkins County has previously received five Small Cities grants totaling approximately $2 million. No applications have been rejected. A 1991 $400,000 grant for housing rehabilitation in the Town of Caroline is complete with 25 houses rehabilitated, the 1993 $600,000 grant for first-time homeownership has been completed with 27 houses mortgaged, two more than anticipated. The 1994 $600,000 grant for first-time homeownership is about 25 percent complete, and the County anticipates completion of the program in December, 1996. The County received two Small Cities grants for economic development totaling $388,500. One grant with Jamex, Inc. went under contract in November, 1995, and $38,000 of the $250,000 in loan funds has been dispersed. The second grant was originally awarded to Challenge Industries, but Challenge was forced to withdraw due to other budget cuts. The County then worked with Specialty Testing and Equipment, Inc., and their substitute project for $101,000 was approved by HUD in January. The County anticipates the project will go under contract in February. In the 1996 competition, communities may apply for one, two or three years of funding. In the single -purpose competition, local municipalities may apply for up to $600,000, and counties may apply for up to $900,000, for one, two, or three years, provided that no more than $600,000 is spent in any one community. This represents a $300,000 increase over 1995. In a multi-year application, each year's program must "stand on its own," and HUD will require that second and third year applications be submitted and performance guidelines met in order to receive funding. Small Cities funds for 1996 may be used for the following purposes: housing rehabilitation, first-time homeownership assistance, construction of public facilities such as water and sewer facilities, economic development and microenterprise development. A minimum of 51 percent of the persons benefiting from HUD Small Cities CDBG assistance must meet the low -moderate threshold set by benefiting from HUD for Tompkins County. To date, 99 percent of HUD Small Cities CDBG assistance awarded to Tompkins County has benefited low -moderate income persons. In Tompkins County a family of four's maximum income was $34,700 according to HUD regulations. 26 February 6, 1996 Tompkins County is currently developing applications for 1996 Small Cities CDBG assistance. Though the final appropriation has not passed Congress, the U.S. Department of Housing and Urban Development (HUD) has released a Notice of Funding Availability based on the availability of $44 million in funds for Upstate New York. Funding remains competitive, with an application deadline of March 13 for all projects. Seventy-five percent of funds are distributed in a single -purpose category, and 25 percent of funds are distributed in the comprehensive category. All Tompkins County applications have been in the single -purpose category, and it is anticipated that the 1996 applications will be in the single -purpose category. Single purpose grants are scored based on need, program impact and outstanding performance in fair housing and local equal employment opportunity efforts, with a maximum of 600 points. A maximum of 400 points are awarded for program impact, a maximum of 75 points are awarded based on the total number of persons in poverty, a maximum of 75 points are awarded based on percentage of persons in poverty, and a maximum of 50 points are awarded for outstanding performance in fair housing and local equal employment opportunity efforts. The County will also be required to have an Abbreviated Consolidated Plan, Citizen Participation Plan and an Antidisplacement and Relocation Assistance Plan as part of this application. No member of the public wished to speak and the public hearing was closed at 5:36 p.m. Called to Order Chairman Stein called the meeting to order at 5:36 p.m. Pledge of Allegiance to the Flag and Roll Call of Members Members and guests participated in the Pledge of Allegiance to the Flag. Present: 15 Representatives. (Representative Mink was excused at 7:12 p.m. and Representative Blanchard was excused at 8:18 p.m.) Approval of Minutes This item was forwarded to the end of the agenda. Proclamation(s) Chairman Stein presented proclamations to Amelia Proto, Reginald Schickel and Renee Wright, Immaculate Conception School students; Mario Colon, Principal and Mamie Kirchgessner, Chair of the School Advisory Board, declaring February 16, 1996 as Immaculate Conception School Day in Tompkins County. Mario Colon, Principal, thanked the Board for the proclamation and invited members to attend an Open House to be held on February 13 at 7 p.m. Privilege of the Floor by the Public Doria Higgins, Town of Ithaca, spoke concerning the resolution adopted January 16 entitled Opposing Major Cuts of Staff at the Department of Environmental Conservation, Division of Regulatory Services. Ms. Higgins reported the Department of Environmental Conservation has denied that they will 27 February 6, 1996 be downsizing the Office of Regulatory Reform next week. She believes the resolution adopted by this Board was very effective and thanked the Board. Hank Dullea, Vice President of University Relations, spoke on behalf of President Rawlings in opposition to the proposed resolution on the agenda entitled Requesting Legislation Amending the Tax Law to Clarify the Imposition of Sales Taxes by Certain Hotels Operated by Educational Institutions. Mr. Dullea read and submitted the following statement for the record: "I appreciate this opportunity to summarize the University's position regarding its opposition to the proposed resolution seeking the amendment of Section 1116 of the New York State Tax Law for the purpose of effectively repealing the sales tax exemption on the rental of rooms by the School of Hotel Administration's training and teaching facility on campus, the Statler Hotel. • The exemption from the collection of sales tax on rooms rented at hotels and other lodging facilities operated by educational institutions has been part of the New York State Tax since the inception of the sales tax 31 years ago. • This exemption is specifically for the institution, not for the individual; all hotels and motels are required to honor a sales tax exemption certificate presented by an individual employed by the State or local governments or other tax-exempt organizations, but the exemption you wish to have repealed was specifically designed to further the educational mission of the institution providing the service. • Cornell opposes the proposed legislation because the operation of the Statler Hotel has been an essential element of the educational program offered by the School of Hotel Administration since 1952. • The design of the Statler Hotel and its operating system reflect its educational mission. • The layout of the Statler Hotel was designed to accommodate this educational function, with additional space provided in many areas, such as the kitchens, resulting in construction and maintenance costs far beyond that which would ordinarily be required for a comparable 15 -room hotel in the private sector. • The staff of the Statler Hotel share in the responsibility for instruction of Hotel School students, and this responsibility is reflected in their compensation at a level substantially in excess of that paid for comparable personnel at surrounding lodging facilities. • The additional educational responsibilities drive up the cost of operation at the Statler Hotel substantially beyond what would otherwise be such costs in non -educational facilities of comparable size. • The hotel industry's "Star Report" indicates that, on average, the room rates charged by the Statler are already substantially higher that those of its "peers" in the local community. We are clearly not competing "unfairly" based on price as a result of the existing exemption. • Our ability to attract conferences to Cornell is affected by the "bottom-line" expense borne by participating organizations. Many of these organizations will look to other university settings around the United States as alternatives, not to other lodging facilities in Tompkins County. Our competition for these groups is with Duke, and Michigan, and Wharton, and Harvard - not with the Sheraton, the Ramada and the Holiday Inn. The attendees at these conferences spend much of their free time off campus. Our local hotels and restaurants will feel the loss of these attendees and their families if an additional eight percent cost precludes their participation in Cornell's programs, and the County will not gain its intended benefit. We at Cornell would hope that the County and its component municipalities would concentrate their efforts on expanding further opportunities in this community for positive economic development, rather than removing long-standing tax exemptions granted by the State of New York to its educational institutions. 28 February 6, 1996 A good example of this cooperative spirit occurs this month, when about 300 fishing enthusiasts are expected to attend the "Bass Fishing Techniques" convention here in Tompkins County, with events on and off campus. Some 150 rooms have been blocked at three hotels, the Sheraton, Best Western, and EconoLodge. For the record, the Statler is not one of the housing sites, even though most of the convention presentations will take place in Cornell facilities. The evidence is overwhelming that the single most important factor in the economic life of the local hotel industry is the presence of students and visitors on the Cornell campus. Steps taken by local governments and the State to make it more difficult to attract individuals and groups to Cornell only run counter to this economic imperative. I respectfully request that you not adopt the proposed resolution. Thank you for your consideration." Tom Murray, Freeville resident and owner of Courtside Racquet and Fitness Club, spoke of the tax exempt issue in Tompkins County. He said it was in 1965 when these tax exemptions were filed; it has been thirty-one years since then. He questioned the ability of not -for -profits to stick with their original goals and charter to not compete with tax paying businesses. Mr. Murray said he deals with tax exempt businesses on a daily basis. He encouraged the County to undertake a review of all tax exempt businesses in Tompkins County because small business owners are in need of some tax relief. Ed Cope, Environmental Management Council Chairman, spoke in support of the resolution on the agenda entitled Resolution in Support of Assembly Bill (A.7736, John), to prohibit Open Burning of Solid Waste. He urged the adoption of this resolution. Privilege of the Floor by Board Members Mr. Lane, District No. 14 Representative, spoke concerning the recent flood which affected the area on January 19, 1996. He stated a large percentage of the damage that occurred could have been prevented in Dryden if the dam promised through the U.S.D.A. PL566 program had actually been constructed. He said the County as the Lead Agency, the Town of Dryden and the Village of Dryden, have all gone forward to keep their part of the agreement. They are waiting for the Natural Resources Conservation Service, (the agency through the Federal Government) to keeps its promise which is to actually begin construction. He said over the past year they have been working hard with representatives of that Agency and Congress to obtain a commitment for funds; however, to date that commitment has not been received. Mr. Lane stated that all natural disasters cannot be prevented; however, this is one that could have made a difference. Mr. Lane stated it is his intention to bring a resolution forward at the next meeting relative to this issue. Ms. Davis, District No. 2 Representative, thanked everyone involved in bringing her into this position on the Board. Ms. Mink, District No. 5 Representative, thanked Doria Higgins, privilege of the floor speaker, for attending the meeting and letting the Board know what affect the adoption of the resolution entitled Opposing Major Cuts of Staff at the Department of Environmental Conservation which was adopted by the Board on January 16, 1996. Mr. Todd, District No. 6 Representative, requested the Human Services Building Construction Committee, to reexamine the site plans. He believes it is important to consolidate building and parking at the same location. He stated the plans the Board has seen to date position the parking at different blocks away from the offices. He feels this layout will be much more difficult to manage than having building and parking combined on one site. He stated although consolidation may be more costly than separate 29 February 6, 1996 sites, it may be more preferable when all factors associated with the maintenance, operation and control are considered. Mr. Todd stated although he continues to feel the Social Services Building should remain at the Biggs location, he makes the suggestion in the spirit of what is best for Tompkins County if the building is located in the City of Ithaca. Mr. Todd stated he would support an additional cost in the Capital Budget to accommodate this request. Presentation by the Advisory Board on Tourism Development Jim Hisle, Chairman of the Advisory Board on Tourism Development, gave the Board a brief presentation on the goals of a strategic plan for tourism. Mr. Hisle reported on a meeting held by the Advisory Board approximately one month ago. He stated the Board is very enthusiastic about the future of Tompkins County for tourism and for growth. He read an article that appeared in the February issue of Esquire Magazine. He said the Board feels Tompkins County has a lot to offer - its natural beauty, the educational activities, and the small town atmosphere. Mr. Hisle stated the Advisory Board will be putting together a long-term strategic planning effort during 1996 that they believe should be part of a larger plan for development of Tompkins County for the future. Jim Hanson, Commissioner of Planning, reported a Cayuga Lake waterfront study is underway and welcomed Mr. Hisle to attend the next Planning, Community Development and Education Committee meeting. Addition of Resolution(s) to the Agenda 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 - Transit Bus Front Mounted Bicycle Racks Authorizing 1996 Federal Section 5307 Grant - Public Transportation Approval of Policy Waiving Tipping Fees for Flood -Damaged Materials Withdrawal of Resolution(s) from the Agenda Chairman Stein gave Mrs. Livesay, Human Services and Human Resources Committee Chair, permission to withdraw the following resolution from the agenda: Authorization to Execute 1996 Agreement with Tompkins County Economic Opportunity Corporation (EOC) and Budget Adjustment Chairman's Report and Appointments Chairman Stein had no report. Appointments Local Advisory Board on Assessment Review Villages: Cayuga Heights Dryden Freeville Groton Lansing Trumansburg Towns: Caroline and Danby 30 Dooley Kiefer Michael Lane Michael Lane George Totman Dooley Kiefer/Thomas Todd Peter Meskill Frank Proto February 6, 1996 Newfield Daniel Winch Groton George Totman Dryden Charles Evans/Michael Lane Ithaca Dooley Kiefer/Beverly Livesay/Tim Joseph Lansing Thomas Todd Ulysses and Enfield Peter Meskill Extension Service Frank Proto, Member Charles Evans, Alternate Southern Tier East Regional Economic Development Council Stuart Stein Intergovernmental and Municipal Service Consolidation Stuart Stein, Chairman Beverly Livesay, Vice Chair Peter Meskill Frank Proto Daniel Winch Electronic Future Committee Eric Lerner William Kaupe, City Representative William Demo, TC3 Representative Report from the County Administrator Mr. Heyman reported there is still limited information on the proposed State Budget at this time. He stated the one of the most important things to keep in mind at this stage is that Governor Pataki had to make assumptions about what would happen to welfare and Medicaid at the federal level in order to prepare a State budget that would go into effect on April 1. He said there has been no agreement at the federal level at this time, and it is his understanding that if there is no agreement at the federal level and block grants do not happen and the new Medicaid formula does not take affect, immediately there emerges a $1.5 billion hole in the New York State budget. He said he also heard a rumor that State revenues are running approximately $1 billion above the projected level. He said he expects much more to be known about the State budget in the coming weeks. Mr. Meskill asked Mr. Heyman, in light of his statement on the proposed State budget, why a statement was issued last Friday which indicates there will be a savings when there may not be at all. Mr. Heyman stated the Governor's proposed budget as proposed, contains a range of provisions that would unquestionably save the County money. Mr. Heyman stated if the Governor's budget were passed by the Legislature as presented, which is very unlikely, he feels Tompkins County would come out ahead substantially in the welfare and Medicaid area even though there would be major trade-offs. However, he said he has no idea whether these savings would balance with cuts made to the other areas in the County budget. Report from the County Attorney Mr. Theisen reported on a prior juvenile delinquent sexual abuse case. He stated because of a gap in State law, the case was thrown out of court. He reported Susan Cook, Paralegal in the County Attorney's office, has drafted an amendment to the State Law and forwarded it to Albany. The Office 31 February 6, 1996 has been informed by Assemblyman Luster that the amendment has been introduced and is proceeding from that point. At Mr. Proto's request, Mr. Theisen will be speaking with Assemblyman Luster to make an approach towards getting a sponsor in the Senate for this amendment. Mr. Theisen also reported there has been a decision and an order from the federal court on the cases involving the Biggs A employees. He reported Mr. Ballan who has been the legal representative for four people in one of the cases has been dismissed, and another attorney is now representing three of them. A motion was made by the County complaining that the people who were suing the plaintiffs were not proceeding along with the discovery and not allowing the County to obtain discovery from their side of the case or obtain depositions from the plaintiffs. The court granted the motion for sanctions which stated the plaintiffs cannot perform any more discovery against the County, and also they must submit all of their discovery that the County has requested by April 1 and more discovery by June 1. If they fail to do this, they face dismissal of the case if the County makes a motion for this purpose. He stated because of the delays with discovery a trial date has been set for October 1. Mr. Theisen also reported on the DWI cases in which civil penalties are imposed on people driving while intoxicated. He said there is a substantial amount of funds that have never been paid by defendants (in excess of $20,000). His office will be working on taking collection action on those individuals to allow more funds for the STOP -DWI program. Report from the Finance Director Mr. Squires reported at the end of January the initial phase of collection of the Annual Solid Waste Fee was completed. He reported that the collection fell behind 1995 because the County has only collected approximately fifty percent of the Annual Solid Waste Fee. At this time last year, approximately 65 percent had been collected. He stated a meeting will be held tomorrow to go over the process of the Annual Fee collection. Resolution(s) Approved Under the Consent Agenda RESOLUTION NO. 19 - AWARD OF CONTRACT - RECYCLING AND SOLID WASTE CENTER SECURITY SYSTEM MOVED by Mr. Proto, seconded by Mrs. Schuler, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, the County has solicited quotes for the purchase and installation of equipment for a security system at the County Recycling and Solid Waste Center, and WHEREAS, two proposals were received, now therefore be it RESOLVED, on recommendation of the Solid Waste Committee, That the contract to provide and install the equipment for the security system at the Recycling and Solid Waste Center be awarded to Sentry Alarms of Binghamton, New York, being the lowest responsible proposer at a cost not to exceed $8,828 to be funded from the operating account A8163.4442, RESOLVED, further, That Sentry Alarms will provide continuous 24 hours per day system monitoring at a cost of $17.50 per month, RESOLVED, further, That the County Administrator be authorized to execute a contract to purchase and install the security system. SEQR ACTION: TYPE II -15 32 February 6, 1996 RESOLUTION NO. 20 - AUTHORIZATION TO CREATE SINGLE ACCESS UNIT FOR LONG TERM CARE SERVICES, DEPARTMENT OF SOCIAL SERVICES MOVED by Mr. Proto, seconded by Mrs. Schuler, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, the Departments of Social Services, Office for the Aging, and Health have been cooperatively planning a Single Access Unit for Long Term Care, and WHEREAS, it has been determined that the new Unit will be administered through the Department of Social Services, now therefore be it RESOLVED, on recommendation of the Human Services, Health and Environmental Quality, and Budget and Fiscal Policy Committees, That in order to make provision for a Single Access Unit for Long Term Care the 1996 authorized general revenues for Budgeting Unit 14, Nursing, is hereby decreased by $14,395 and the 1996 authorized general revenues for Budgeting Unit 21, Medicaid, is hereby increased by the same amount, RESOLVED, further, That one position of Caseworker (14/562), labor grade N (14), is hereby transferred from the Health Department to the Department of Social Services. SEQR ACTION: TYPE II -15 Withdrawal of Resolution(s) from the Agenda Not Requiring Board Action Chairman Stein gave the appropriate committee chair permission to withdraw from the agenda the following resolution with final committee action being affirmed: CA003-96 - Budget Adjustments - Various Departments Report and Presentation of Resolution(s) from the Budget and Fiscal Policy Committee Mr. Joseph, Chairman, reported the Committee had its first meeting last week and discussed things the Committee will be doing in 1996. Those items include what the County's response will be to the State budget, the future of the Budget Reorganization Advisory Committee, and also setting measurable objectives and creating a system of periodic reviews for programs. He said this will need to be coordinated with the work of the Leadership Council. He said he has been attending a number of meetings recently with the various financial officers from departments around the County to talk about the new software that will be tracking the County budget. Mr. Joseph announced the second meeting in February has been canceled. Ms. Blanchard stated the Transportation Services Committee is the only committee not represented on the Budget and Fiscal Policy Committee. She asked that Mr. Joseph give thought to the kinds of information they would like on a regular basis the Transportation Services Committee is kept up-to-date. RESOLUTION NO. 21 - REQUESTING LEGISLATION AMENDING THE TAX LAW TO CLARIFY THE IMPOSITION OF SALES TAXES BY CERTAIN HOTELS OPERATED BY EDUCATIONAL INSTITUTIONS MOVED by Mr. Joseph, seconded by Ms. Kiefer. Mr. Joseph stated the purpose of this resolution is to clarify the current law and should not be taken as an attack on Cornell's tax exempt status. Representatives of Cornell declined to comment on the amount of sales tax received by the Statler Hotel. A voice vote resulted as follows: Ayes - 14, Noes - 1 (Representative Totman). RESOLUTION ADOPTED. 33 February 6, 1996 WHEREAS, with one exception, all hotels in Tompkins County are required to charge sales taxes to their guests who are not traveling on official business for particular tax exempt organizations or for recognized educational purposes, and WHEREAS, Cornell University operates a hotel in Tompkins County known as the Statler Hotel, and WHEREAS, Cornell University's interpretation of current Tax Law exempts all guests of the Statler Hotel from sales tax even if the guests are not traveling on official business on behalf of an exempt entity or for recognized educational purposes, and WHEREAS, the exemption provided to guests of the Statler Hotel adversely affects sales tax revenues for the County of Tompkins, the City of Ithaca and the State of New York, now therefore be it RESOLVED, on recommendation of the Budget and Fiscal Policy Committee, That the Board of Representatives hereby requests that the State Legislature adopt legislation amending the Tax Law similar to Bill 2384 passed by the State Assembly in the 1993-1994 Regular Sessions, RESOLVED, further, That copies of this resolution be forwarded to the Honorable James L. Seward, the Honorable John R. Kuhl, and the Honorable Martin Luster. SEQR ACTION: TYPE II -15 Report and Presentation of Resolution(s) from the Solid Waste and Recycling Committee Mr. Todd, Chair, reported the Committee met on January 23 and will meet again on February 16. Mr. Todd stated a request came for the County to waive the tipping fee at the Tompkins County Recycling and Solid Waste Center for the disposal of flood -affected goods received from County residents and businesses as a result of damage that was suffered in the recent flood in Tompkins County. He stated so far 15 tons of flood damaged materials has been accepted at the Facility. Chairman Stein stated a look needs to be taken at the manner in which the County operates in a situation where a Board meeting is not scheduled to take place when immediate action needs to be taken. Mr. Todd reported the resolution entitled Award of Contract - Recycling and Solid Waste Center Security System caused a great deal of discussion at the last Board meeting. He stated the resolution contained an error and pointed out that Representative Kiefer's letter of explanation that was distributed to Board members contained an excellent explanation and he thanked her for writing it. The other topic that was discussed at the last meeting was negotiations with the City relating to curbside recycling collection . He stated negotiations are taking place and he does not feel the subject should be discussed in detail at this time. Mr. Todd reported the Department of Environmental Conservation has approved the Tompkins County Solid Waste Management Plan. Mr. Todd read the following statement: "Over the past two weeks the Solid Waste and Recycling Committee and staff have been discussing how to improve the efficiency and fairness of curbside recycling service in the City of Ithaca. We recently met with City representatives. They will be providing us with a proposal in mid-March for every other week curbside recycling service at a reduced cost. Based on our preliminary date we believe that every other week curbside pickup could be provided at roughly the same price per household as the rest of the County." Mr. Wood, Assistant County Attorney, distributed a chart to Board members explaining the methods of collecting for solid waste services and also a copy of a 1992 memorandum from the County's Attorney's Boylan, Brown, Code, Fowler, Randall and Wilson which explains the process for forming a County refuse district. Mr. Wood explained the chart and stated reasons behind the resolution on the agenda entitled Requesting Legislation Regarding the Collection of Solid Waste Fees on Tax Bills. RESOLUTION NO. 22 - APPROVAL OF POLICY WAIVING TIPPING FEES FOR FLOOD - DAMAGED MATERIALS 34 February 6, 1996 MOVED by Mr. Todd, seconded by Mr. Lane, and unanimously adopted by voice vote by members present. WHEREAS, weather conditions resulted in flooding in Tompkins County in late January 1996, and WHEREAS, the County wishes to relieve victims of flooding from further burdens, and WHEREAS, after a telephone poll of members of the Board of Representatives, necessitated by the emergency situation, the Solid Waste Division announced that, from January 25, 1996 to February 9, 1996, it would waive the tipping fee on flood -damaged material separated from other trash and recyclables and delivered to the Recycling and Solid Waste Center by permit holders, and WHEREAS, this policy has been followed by the Solid Waste Division, now therefore be it RESOLVED, on recommendation of the Solid Waste and Recycling Committee, That the Board of Representatives hereby approves the policy waiving the tipping fee on flood -damaged materials through February 9, 1996. SEQR ACTION: TYPE II -15 Representative Mink was excused at 7:12 p.m. RESOLUTION NO. 23 - REQUESTING LEGISLATION REGARDING THE COLLECTION OF SOLID WASTE FEES ON TAX BILLS MOVED by Mr. Todd, seconded by Mr. Evans. Mr. Proto asked for assurance that the colleges would continue to pay their fair share of the fee. Mr. Todd assured him they would and that all negotiations have been very amicable and friendly. It was noted by Mr. Evans that this amount cannot be deducted on the Federal income taxes and this should be made clear. Following a lengthy discussion it was MOVED by Mr. Evans to call the question. The motion failed by voice vote. Mr. Proto stated he would not support this resolution as he does not support the Fee. A discussion ensued concerning the fairness of the Solid Waste Annual Fee. A roll call vote on the resolution resulted as follows: Ayes — 12; Noes - 2 (Representatives Joseph and Proto); Excused - 1 (Representative Mink). RESOLUTION ADOPTED. WHEREAS, the County provides solid waste and recycling services to the public, and WHEREAS, no property taxes are used to pay for the solid waste and recycling services, and WHEREAS, by Local Law No. 1 of 1993 the County established an Annual Solid Waste Fee for real property in Tompkins County, and WHEREAS, current State law permits the County to relevy an unpaid Annual Solid Waste Fee on the tax bill and collect it in the same manner as the tax, but does not allow the initial billing to be placed on the tax bill and collected as a tax, and WHEREAS, current State law does not expressly require tax collectors to collect an initial billing of a solid waste fee, and WHEREAS, the County currently sends out separate bills to collect the Annual Solid Waste Fee, and WHEREAS, the separate billing is an unnecessary expense to the County and an inconvenience to County residents, now therefore be it RESOLVED, on recommendation of the Solid Waste and Recycling Committee, That the Board of Representatives hereby requests that the State Legislature adopt legislation authorizing the County to place the fee on the tax bill and collect it in the same manner as a tax is collected, RESOLVED, further, That copies of this resolution be forwarded to the Honorable James L. Seward, the Honorable John R. Kuhl, and the Honorable Martin Luster. SEQR ACTION: TYPE II -15 35 February 6, 1996 RESOLUTION NO. 24 - RESOLUTION IN SUPPORT OF ASSEMBLY BILL (A.7736, JOHN) TO PROHIBIT OPEN BURNING OF SOLID WASTE MOVED by Mr. Evans, seconded by Mrs. Schuler. Mr. Totman stated he feels the individuals should abide by the Tompkins County Health Department's existing rules and regulations in relation to open burning. There was also concern expressed that the current proposal contains language that is unclear. It was MOVED by Ms. Blanchard, seconded by Mr. Proto, to Table this resolution. A vote by show of hands resulted as follows: Ayes — 9; Noes - 5 (Representatives Evans, Livesay, Schuler, Kiefer and Stein); Excused - 1 (Representative Mink). MOTION TO TABLE CARRIED. WHEREAS, the practice of using burn barrels to dispose of solid waste is becoming more common in Tompkins County as solid waste tipping fees have increased, and WHEREAS, backyard burning of household waste often produces a variety of emissions that are irritating to the eyes, nose, and throat, and WHEREAS, these emissions increase the risk of long-term health effects such as damage to the lungs, heart, and nervous system, and WHEREAS, County residents downwind of burn barrels often suffer a diminishment of comfort and safety on their own property from the actions of others, and WHEREAS, current New York State and Tompkins County laws on open burning do not protect residents in rural areas from indiscriminate burning of household waste, and WHEREAS, Assembly Bill A.7736 has local enforcement procedures written into it, and does not prohibit burning of yard waste, land clearing debris, or agriculture debris, now therefore be it RESOLVED, on recommendation of the Health and Environmental Quality Committee, That the Tompkins County Board of Representatives strongly supports the passage of a statewide ban on open burning of household waste, and supports the sponsorship in the New York State Senate of A.7736 by Senators James Seward and John R. Kuhl, RESOLVED, further, That copies of this resolution be transmitted to the appropriate members of the New York State Legislature. SEQR ACTION: TYPE II -15 Report and Presentation of Resolution(s) from the Transportation Services and Facilities Committee Ms. Blanchard, Chair, reported that a special Committee meeting was held on January 31 at the Tompkins County Airport. They met with Taughannock Aviation and discussed their future plans at the Airport. She said this is an important part of the County's economic development. At that meeting the Committee also heard a weather damage report from Ward Hungerford. Ms. Blanchard distributed a copy of the damage report on roads and bridges to Board members. She informed the Board that there is concern because by the end of January the Department had used up about half of the salt appropriation and overtime funds. Ms. Blanchard stated at the last meeting a question was asked by Representative Livesay in regard to the bicycle lane on Warren road. Ms. Blanchard reported the lane was extended to accommodate the bicycle land. She reported on a public transit conference she attended in Albany last week, and distributed a brochure that was handed at that meeting. Ms. Blanchard reported there have been over 500 entries in the contest for naming the bus system. The next meeting will be February 21 at 8 a.m. She stated the Engineering Division will also be making intermittent reports available to the appropriate program committees as well as the Transportation Services and Facilities Committee on current projects. She reported she will be attending a meeting of the Municipal Officials Association on February 29 and will be beginning dialogue with the town and village representatives about what the County hopes to accomplish with its infrastructure improvement program. She said these meetings are very interesting and informative and anyone who has not attended a meeting should consider doing so. 36 February 6, 1996 RESOLUTION NO. 25 - AWARD OF BID - TRANSIT BUS FRONT MOUNTED BICYCLE RACKS MOVED by Ms. Blanchard, seconded by Mrs. Schuler, and unanimously adopted by voice vote by members present. WHEREAS, the Department of Finance - Purchasing has duly advertised for bids for the purchase of 40 front mounted, bicycle racks for Tomtran buses, and WHEREAS, five (5) companies requested bid specifications, and only one (1) bid was received and duly opened on January 8, 1996, now therefore be it RESOLVED, on recommendation of the Transportation Services and Facilities Committee, That the bid be awarded to Sportsworks NW, Inc., of Woodinville, Washington, with a base bid of $20,880, with the option to purchase up to 30 additional bike racks at the same unit price of $522 each by June 30, 1996, RESOLVED, further, That the funds are available in Capital Account No. HA5625.9239, RESOLVED, further, That data be collected on usage and reported to the Transportation Services and Facilities Committee quarterly. SEQR ACTION: TYPE II -15 RESOLUTION NO. 26 - AUTHORIZING 1996 FEDERAL SECTION 5307 GRANT - PUBLIC TRANSPORTATION MOVED by Ms. Blanchard, seconded by Mr. Proto, and unanimously adopted by voice vote by members present. WHEREAS, the Secretary of the United States Department of Transportation is authorized to make grants for mass transportation projects pursuant to Section 5307 of Chapter 53, Title 49 of the United States Code (formerly Section 9, Federal Transit Act of 1964), and WHEREAS, the County of Tompkins is the designated recipient of Section 5307 urban formula 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 Federal Transit Administration, in the amount of $325,119, and WHEREAS, the federal Section 9 funding will be used as follows: transit operating assistance - $112,051, capital equipment - $197,068, planning - $16,000, and WHEREAS, the projects were approved by the Ithaca -Tompkins County Transportation Council and are included on the 1994-1999 Transportation Improvement Program, as amended, now therefore be it RESOLVED, on recommendation of the Transportation Services and Facilities Committee, That the Tompkins County Board of Representatives authorizes the County Contracts Coordinator to execute and file an application on behalf of the County of Tompkins with the United States Department of Transportation and the New York State Department of Transportation to aid in financing the 1996 Section 5307 Grant, RESOLVED, further, That the County Contracts Coordinator 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 these projects. SEQR ACTION: TYPE II -15 Representative Blanchard was excused at 8:18 p.m. 37 February 6, 1996 Report and Appointment(s) from the Health and Environmental Quality Committee Mr. Evans, Chairman, reported the Committee met briefly prior to this meeting and approved appointments. The next Committee meeting will be February 22. He stated because of the length of time between now and the next Committee meeting, there may be a meeting scheduled before the Board meeting on February 20. Appointments It was MOVED by Ms. Kiefer, seconded by Mr. Evans, and unanimously adopted by voice vote by members present, to appoint Jacqueline Perley to the Community Mental Health Services Board for a term expiring December 31, 1999. It was MOVED by Ms. Kiefer, seconded by Mrs. Livesay, and unanimously adopted by voice vote by members present, to appoint Charles Evans to the Board of Health for a term expiring December 31, 2001. Report, Presentation of Resolution(s) and Appointment(s) from the Governmental Operations and Administration Committee Mr. Lane, Chair, reported the Committee will meet February 12 at 3:30 p.m. in the Old Jail Conference Room. RESOLUTION NO. 27 - ADOPTION OF LOCAL LAW NO. 2 OF 1996 - AMENDMENT TO THE CHARTER AND CODE, ARTICLE 4 - DIVISION OF ASSESSMENT - TO ELIMINATE THE SEPARATE ASSESSMENT ROLLS FOR VILLAGES AND THE CORRESPONDING BOARDS OF ASSESSMENT REVIEW AND GRIEVANCE DAYS MOVED by Mr. Lane, seconded by Mr. Meskill, and unanimously adopted by voice vote by members present. WHEREAS, a public hearing has been held before the Board of Representatives on February 6, 1996, to hear all persons interested in proposed Local Law No. 2 of 1996, now therefore be it RESOLVED, on recommendation of the Governmental Affairs Committee, That said proposed Local Law No. 2 of 1996 - Amendment to the Charter and Code, Article 4 - Division of Assessment - to Eliminate the Separate Assessment Rolls for Villages and the Corresponding Boards of Assessment Review and Grievance Days, be and hereby is adopted, RESOLVED, further, That the Clerk of the Board shall publish in the official newspaper of the 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: TYPE II -15 Appointment(s) It was MOVED by Mr. Todd, seconded by Mr. Winch, to appoint Nelson Bills to the Assessment Review Board for a term expiring December 31, 1996. Report and Appointment(s) from the Human Services and Human Resources Committee 38 February 6, 1996 Mrs. Livesay, Chair, reported the Committee will meet February 7 at noon in the Old Jail Conference Room. At that meeting the Committee will be presented with the projected State budget impacts on the Department of Social Services. She stated she will probably be asking to have a presentation made to this Board on this during the first meeting in March. Appointments It was MOVED by Mrs. Livesay, seconded by Mr. Totman, and unanimously adopted by voice vote by members present, to make the following appointments to the Tompkins County Youth Board for terms expiring December 31, 1998: Steven Gallow - Town of Groton representative Gale Smith - Town of Ithaca representative Report from the Public Safety Committee Mr. Meskill, Chairman, reported there has been progress in moving forward with the Enhanced 911 system. He reported he released a press advisory last Friday concerning the possible impacts of the proposed State budget, and a copy should have been received by all Board members. Mr. Meskill thanked all public safety officials who assisted the public during the recent flood. The next meeting will be February 12 at 2 p.m. in the Old Jail Conference Room. Report from the Planning, Community Development and Education Committee Mrs. Schuler, Chair, reported the Committee has not met since the last Board meeting. The next meeting will be February 13 at 9 a.m. in the Old Jail Conference Room. Report, Presentation of Resolution(s) and Appointment(s) from the Economic Development Committee Mr. Proto, Chair, reported the Committee had a presentation at its last meeting on the microenterprise revolving loan program in the City, and there was unanimous support by the Committee for this. He reported a planning/economic development conference is being scheduled and more information will follow. The Committee also discussed the resolution on the agenda entitled Authorization to Contract with the Tompkins county Chamber of Commerce for Purposes of Entering a Multi -County marketing Organization. The next meeting will be February 27 at 10 a.m. Ms. Schuler extended an invitation to the Economic Development Committee to attend the February 13 meeting of the Planning, Community Development and Education Committee because during the first hour there will be discussion on a topic that is of interest to both committees. RESOLUTION NO. 28 - AUTHORIZATION TO CONTRACT WITH THE TOMPKINS COUNTY CHAMBER OF COMMERCE FOR PURPOSES OF ENTERING A MULTI -COUNTY MARKETING ORGANIZATION MOVED by Mr. Proto, seconded by Mr. Evans. Ms. Kiefer stated she is troubled by moving in this direction and asked for this resolution to remain on the agenda so that she could register a negative vote. A voice vote resulted as follows: Ayes - 12, Noes - 1 (Representative Kiefer), Excused - 2 (Representatives Blanchard and Mink). RESOLUTION ADOPTED. WHEREAS, Tompkins County has contracted with the Tompkins County Chamber of Commerce for tourism promotion services in Tompkins County, and 39 February 6, 1996 WHEREAS, the County wishes to become part of the new Central Finger Lakes Multi -County Tourism Promotion Organization which includes the counties of Cayuga, Wayne, Seneca, Ontario, and Tompkins, and WHEREAS, the Tompkins County Room Occupancy Tax will allow the funding of the multi - county tourism promotion organization with current revenues, now therefore be it RESOLVED, on recommendation of the Economic Development Committee, That Tompkins County is authorized to contract with the Tompkins County Chamber of Commerce for $10,000 for purposes of entering the multi -county tourism organization, RESOLVED, further, That an additional $10,000 is allocated to the A6475.1113 (Room Occupancy Tax Revenues) revenue line, and that $10,000 is allocated to the A6475.4504 (Chamber of commerce) expenditure line, RESOLVED, further, That the County Administrator or his designee be authorized to sign all agreements related to this matter. SEQR ACTION: TYPE II -15 Appointment(s) It was MOVED by Mr. Proto, seconded by Mr. Evans, and unanimously adopted by voice vote by members present, to approve the following appointments to the Service Delivery Area Private Industry Council for terms expiring December 31, 1998: Virginia Bryant - Private representative Arlene Chase - Business representative It was MOVED by Mr. Proto, seconded by Mrs. Schuler, and unanimously adopted by voice vote by members present, to appoint Roger F. Eslinger as the Ithaca College representative to the Advisory Board on Tourism Development for a term expiring December 31, 1997. Report from the Charter Review Committee Mr. Lane, Chairman, reported the Committee continues progress towards its goal of having a final report in March. The next meeting will be February 13 at 3:15 p.m. He encouraged all members to attend this meeting. Report from the Intermunicipal Cable Commission Mr. Lane reported the Commission will conduct a public hearing on February 14 at 7 p.m. in the Board Room. The hearing will be telecast live on Channel 53 and there will also be an opportunity for viewers to telephone in. One of the main topics to be discussed at the hearing will be the new converter boxes issued by Time Warner Cable. Report from the Electronic Future Committee Mr. Evans, Chairman, reported an executive summary of the Committee's report was distributed to Board members a couple weeks ago, and the final report can be expected in March. The next meeting will be February 16 at 2 p.m. The Committee will continue to discuss the data -communications district. Report from the Leadership Council Mr. Evans reported there have been major changes going on in New York State and the County will not be able to keep raising taxes to pay for services; therefore there needs to be a look taken at ways 40 February 6, 1996 in which the County can become more efficient. Board members were urged to read the black packet of information before the Board retreat on February 17 at 9:30 a.m. at the Ithaca -Tompkins Transit Center. Report from the Human Services Building Construction Committee Mr. Stein reported the Committee will meet February 15 at 9 a.m. at Thomas Associates and will discuss building configurations and sites. Report and Presentation of Resolution(s) from the Public Information Committee Mr. Joseph reported the Committee is working on the next publication of the County News as well as the County Logo. The Committee will meet February 7. RESOLUTION NO. 29 - ADOPTION OF THE 1996 TOMPKINS COUNTY PUBLIC INFORMATION PROGRAM PLAN MOVED by Mr. Joseph, seconded by Mr. Evans, and unanimously adopted by voice vote by members present. RESOLVED, on recommendation of the Public Information Committee, That the 1996 Tompkins County Public Information Communications Plan is hereby adopted. SEQR ACTION: TYPE II -15 Report from the Rural Affairs Committee Mr. Proto, Chairman, reported the Committee has not established a meeting schedule for 1996 but this will be happening soon. He also reported on the upcoming Municipal Officials Association meeting to be held February 29 and said Charles Schlough will be making a presentation that he feels will be of interest to this Board. Approval of Minutes It was MOVED by Mr. Meskill, seconded by Mr. Totman, to approve the minutes of January 16, 1996, as submitted. It was MOVED by Ms. Kiefer, seconded by Mr. Joseph, to approve the amendments as submitted by Representative Kiefer. A voice vote on the amendments resulted as follows: Ayes — 8; Noes - 5 (Representatives Evans, Meskill, Proto, Totman and Winch); Excused - 2 (Representatives Blanchard and Mink). AMENDMENTS APPROVED. A voice vote on approving the minutes as amended resulted as follows: Ayes — 10; Noes - 3 (Representatives Meskill, Totman and Winch); Excused - 2 (Representatives Blanchard and Mink). MINUTES APPROVED. Adjournment On motion the meeting adjourned at 8:50 p.m. 41 February 20, 1996 Regular Meeting Called to Order Chairman Stein called the meeting to order at 5:34 p.m. Pledge of Allegiance to the Flag and Roll Call of Members Members and guests participated in the Pledge of Allegiance to the Flag. Present: 13 Representatives; Excused: 2 (Representatives Joseph and Totman). Approval of Minutes of February 6, 1996 This item was forwarded to the end of the Agenda. Privilege of the Floor by the Public Amber Harris, Ithaca High School Student, stated a requirement of her government participation class is that she attends government meetings in the community. The goal of the class is for students to participate more in government. She introduced Karen Miller, also a student in the class. Jim Houghton, Town of Danby resident, spoke in support of the resolution on the agenda entitled Resolution in Support of County Residents Requesting the New York State Public Service Commission to Reopen Hearings on the Issue of Need for a New York State Electric and Gas Proposal to Construct a Natural Gas Storage Facility and Pipelines, a Portion of Which Runs Through Tompkins County. Mr. Houghton encouraged the Board to support the resolution. He stated he has spent a lot of time looking at the numbers in NYSEG's application and has developed several questions, and has had a very difficult time getting answers to his questions. Mr. Houghton said NYSEG has been vigilant in the process making sure these questions are not answered. Bill Podulka, Town of Caroline resident, also spoke in support of the resolution on the agenda entitled Resolution in Support of County Residents Requesting the New York State Public Service Commission to Reopen Hearings on the Issue of Need for a New York State Electric and Gas Proposal to Construct a Natural Gas Storage Facility and Pipelines, a Portion of Which Runs Through Tompkins County. Mr. Podulka stated he has also has been very involved in this issue. He said NYSEG said there would be evidentiary hearings on the total project in all communities involved in the project, and this is not what happened. He urged the Board to support the resolution. William Tyler, Town of Danby resident, spoke in support of the resolution on the agenda entitled Resolution in Support of County Residents Requesting the New York State Public Service Commission to Reopen Hearings on the Issue of Need for a New York State Electric and Gas Proposal to Construct a Natural Gas Storage Facility and Pipelines, a Portion of Which Runs Through Tompkins County. He said he is not convinced there is a need for the pipeline and does not feel he has been included in the process. He stated he is unhappy that the concerns that have been expressed have not been heard. Caroline Eberhard, Coddington Road, also spoke in support of the resolution on the agenda entitled Resolution in Support of County Residents Requesting the New York State Public Service Commission to Reopen Hearings on the Issue of Need for a New York State Electric and Gas Proposal to Construct a Natural Gas Storage Facility and Pipelines, a Portion of Which Runs Through Tompkins County. Ms. Eberhard stated as a teacher of biology her main concern with this project was ecological impact and the long-term management. She does not feel the science and engineering aspects have been done as thoroughly as possible, and feels there are potential effects from pesticide and herbicides. 42 February 20, 1996 Judith Sterling, Town of Danby, also spoke in support of the resolution on the agenda entitled Resolution in Support of County Residents Requesting the New York State Public Service Commission to Reopen Hearings on the Issue of Need for a New York State Electric and Gas Proposal to Construct a Natural Gas Storage Facility and Pipelines, a Portion of Which Runs Through Tompkins County. Ms. Sterling said she does not feel the public had adequate input into the process and would like the Board to support the reopening of the public hearings. Neil Eberhard, Coddington Road resident, spoke in support of the resolution on the agenda entitled Resolution in Support of County Residents Requesting the New York State Public Service Commission to Reopen Hearings on the Issue of Need for a New York State Electric and Gas Proposal to Construct a Natural Gas Storage Facility and Pipelines, a Portion of Which Runs Through Tompkins County. He feels the Public Service Commission should reopen the hearings. He also feels Tompkins County would not profit from the project and the taking of this land by eminent domain. Brian Eden, resident of Spencer and a representative of Citizens Environmental Coalition in Albany, New York; and Pete Supa of Johnson City, New York, had signed up to speak in support of the resolution entitled Resolution in Support of County Residents Requesting the New York State Public Service Commission to Reopen Hearings on the Issue of Need for a New York State Electric and Gas Proposal to Construct a Natural Gas Storage Facility and Pipelines, a Portion of Which Runs Through Tompkins County. However, they refrained from speaking because they felt the previous speakers expressed their concerns. Privilege of the Floor by Board Members Mr. Proto, District No. 7 Representative, spoke concerning the resolution on the agenda entitled Resolution in Support of County Residents Requesting the New York State Public Service Commission to Reopen Hearings on the Issue of Need for a New York State Electric and Gas Proposal to Construct a Natural Gas Storage Facility and Pipelines, a Portion of Which Runs Through Tompkins County. He said some Board members have written to the Public Service Commission recently and he asked for the Board's support of this resolution. Mr. Proto reported Mary Beth Tarzian and Robert Gearhardt, Town of Danby residents, also expressed their support of the resolution to him. Mr. Proto said he heard from the Public Service Commission this afternoon and was informed they are taking this matter under consideration. Ms. Kiefer, District No. 10 Representative, spoke concerning the resolution on the agenda entitled Resolution in Support of County Residents Requesting the New York State Public Service Commission to Reopen Hearings on the Issue of Need for a New York State Electric and Gas Proposal to Construct a Natural Gas Storage Facility and Pipelines, a Portion of Which Runs Through Tompkins County. Ms. Kiefer stated she is very impressed with the work the residents have done on this issue. She said she feels the speakers under privilege of the floor have been denied due process under Public Service Law Article 7 and hopes the Public Service Commission will reopen the hearings on the issue of need. Mr. Proto, District No. 7 Representative, reported the State Archives and Records Administration will be meeting in March to review grant applications. He stated there is still $6 million dollars to be distributed and urged Board members to ask municipalities to submit grant applications. Mr. Lane, District No. 14 Representative, stated the Governmental Operations and Administration Committee would like to request that the Rules of the Board be waived, and that appointments be added to the consent agenda. It was MOVED by Mr. Lane, seconded by Mr. Evans, and unanimously adopted by voice vote by members present, to waive the Rules of the Board and add appointments to the Consent Agenda. 43 February 20, 1996 Mrs. Schuler, District No. 4 Representative, corrected a statement she made at the last Board meeting of which she was quoted in the newspaper. She said she stated 63 percent of the County is exempt from paying property tax. She said the correct amount is 42 percent. Addition of Resolution(s) to the Agenda It was MOVED by Ms. Blanchard, seconded by Mr. Meskill, and unanimously adopted by voice vote by members present, to add to the agenda the resolution entitled Authorizing a Five -Year Lease for Operation of a Restaurant/Bar Facility at the Old Terminal Building (Bryan's Landing). Withdrawal of Resolution(s) from the Agenda Chairman Stein gave the appropriate committee chair permission to withdraw the following resolutions from the agenda: Authorization to Apply for Small Cities Community Development Block Grant for Homeownership and Microenterprise Development Authorization to Apply for Small Cities Community Development Block Grant on Behalf of the Town of Ithaca Chairman's Report and Appointment(s) Appointment(s) Chairman Stein made the following appointments: Local Advisory Board on Assessment Review Nancy Schuler - City of Ithaca Representative Barbara Blanchard - City of Ithaca Representative GIS Special Committee Barbara Blanchard replacing Eric Lerner Capital Program Committee Tim Joseph, Chairman Barbara Blanchard Nancy Schuler Michael Lane Daniel Winch Personal Emergency Response Service Advisory Board Nancy Schuler - expiring December 31, 1997 Finger Lakes Association Beverly Livesay Chairman Stein reported he will be adjourning this meeting to February 29, 1996, from 4-6 p.m. to have a presentation from department heads on the potential impact of the State Budget. Report from the County Administrator Mr. Heyman reported on the proposed motorcycle policy, which he updated the Board on a week ago in writing. He stated department heads will be reviewing the proposal again tomorrow. He stated there were letters published in the last issue of County Corridors from him, Sigrid Kerr of the Health Department, and Cheryl Nelson of Public Works. The purpose of having these letters published was to give everyone a chance to hear all arguments. He said the issue will be presented to the Governmental Operations and Administration Committee on March 8. 44 February 20, 1996 Report from the County Attorney Mr. Theisen had no report. Report from the Finance Director Mr. Squires had no report. Resolution(s) Approved Under the Consent Agenda RESOLUTION NO. 30 - TO APPROVE CONTINUATION AND REVISIONS TO AGRICUL- TURAL DISTRICT NO. 1 (Amended by Resolution No. 67 of 1996) MOVED by Mr. Todd, seconded by Mr. Proto, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, under New York State Agricultural District Law, it is required that agricultural districts must be renewed every eight years allowing landowners to apply to become a part of or to exempt all or part of their lands from the district, and WHEREAS, the County Board of Representatives is the lead agency which must approve the formation of and changes in agricultural districts, and WHEREAS, the County as required by law conducted a public hearing for this review and approval on December 19, 1995, and WHEREAS, the attached list of parcels indicates those recommended for addition and deletion, now therefore be it RESOLVED, on recommendation of the Health and Environmental Quality Committee, and the Agricultural and Farmland Protection Board, That the newly revised boundaries of Agricultural District No. 1 be approved and that the District be continued. SEQR ACTION: TYPE II -15 ATTACHMENT A: Tompkins County Agricultural District Review, February, 1996" Additions to Agricultural District No. 1 Tax Parcel Number "DA, 28-1-3.12" "DR, 66-1-29.2" "CA, 1-1-20.8 " "DA, 28-1-9.2" "DR, 68-1-19" "CA, 8-1-5.2" "DA, 28-1-16.7" "DR, 74-1-13.1" "CA, 8-1-51.2" "DA, 28-1-16.4" "DR, 75-1-6" "CA, 8-1-51.3" "DR, 23-1-5.1" "DR, 75-1-21.2" "CA, 37-2-5" "DR, 23-1-16" "DR, 75-1-43.81" "DA, 2-1-17" "DR, 23-1-26" "IT, 56-2-1.1" "DA, 2-1-43.2" "DR, 28-1-2.4" "IT, 56-2-2" "DA, 3-1-1.1" "DR, 50-1-16.2" "DA, 3-1-1.3" "DR, 57-1-37" "DA, 28-1-3.11" "DR, 57-1-38" Tax Parcel Number "CA, 1-1-41" "DA, 5-1-8.4" "DV, 17-2-1" "GR, 32-1-6" "GR, 34-1-19" "GR, 37-1-1.3" Removals from Agricultural District No. 1 "LA, 15-1-17.1" "LA, 15-1-17.2" "LA, 16-1-40.2" "LA, 23-1-28.31" "LA, 23-1-32.1" "LA, 29-1-37.6" 45 "LA, 30-1-1.1" "LA, 30-1-1.2" "LA, 30-1-11.2" "LA, 30-1-24" "LA, 36-1-17" "LA, 36-1-16.2" "LA, 36-1-16.3" "LA, 36-1-19" "LA, 36-1-20" "LA, 36-1-21" "LA, 36-1-22" "LA, 36-1-23" "LA, 36-1-24" "LA, 36-1-25" "LA, 36-1-26" "LA, 36-1-27" "LA, 36-1-28" "LA, 36-1-29" "LA, 36-1-30" "LA, 36-1-31" "LA, 36-1-32" "LA, 36-1-33" "LA, 36-1-34" "LA, 36-1-35" "LA, 36-1-36" "LA, 36-1-37" "LA, 36-1-38" "LA, 36-1-39" "LA, 36-1-40" "LA, 36-1-41" "LA, 36-1-42" "LA, 36-1-43" "LA, 36-1-44" "LA, 36-1-45" "LA, 36-1-46" "LA, 36-1-47" "LA, 36-1-48" "LA, 36-1-49" "LA, 36-1-50" "LA, 36-1-51" "LA, 36-1-52" "LA, 36-1-53" "LA, 36-1-54" "LA, 36-1-55" "LA, 36-1-56" "LA, 36-1-57" "LA, 36-1-58" "LA, 36-1-59" "LA, 36-1-60" "LA, 36-1-61" "LA, 36-1-62" "LA, 36-1-63" February 20, 1996 "LA, 40-4-14.1" "LA, 40-4-14.2" "LA, 40-4-15" "LA, 36-1-64" "LA, 40-3-28" "LA, 40-3-29" "LA, 40-3-33.1" "LA, 42-1-21" "LV, 42.1-1-21" "LA, 42-1-2.6" "LA, 42-1-2.7" "LA, 42-1-4" "LA, 42-1-5" "LA, 42-1-54.1" "LA, 42-1-54.2" "LA, 42-1-54.3" "LA, 42-1-54.4" "LA, 42-1-54.5" "LA, 42-1-54.6" "LA, 42-1-54.7" "LA, 42-1-54.8" "LA, 42-1-54.9" "LA, 42-1-54.10" "LA, 42-1-54.11" "LA, 42-1-54.12" "LA, 42-1-54.13" "LA, 42-1-54.14" "LA, 42-1-54.15" "LA, 42-1-54.16" "LA, 42-1-54.17" "LA, 42-1-54.18" "LA, 42-1-54.19" "LA, 42-1-54.21" "LA, 42-1-54.22" "LA, 42-1-54.23" "LA, 42-1-54.24" "LA, 42-1-54.25" "LA, 42-1-54.26" RESOLUTION NO. 31 - APPORTIONMENT OF DOG MONIES -1995 MOVED by Mr. Todd, seconded by Mr. Proto, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the Finance Director has surplus monies in the Dog Fund for apportionment, pursuant to Section III of the Agriculture and Markets Law, in the amount of $12,253.32, now therefore be it RESOLVED, on recommendation of the Governmental Operations and Administration Committee, That the Finance Director 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 according to each municipality's percentage of remitted fees and approved by this Board: Remitting Amount Seventy-five percent of Municipality Remitted Surplus Apportioned Caroline 587.30 553.42 Danby 467.74 440.76 Dryden 2,210.12 2,082.62 Enfield 491.82 463.44 Groton 1,156.56 1,089.84 Ithaca 922.72 869.48 Lansing 1,308.46 1,232.98 Newfield 1,135.52 1,070.02 Ulysses 765.52 721.36 City _706.85 666.07 Totals 9,752.61 9,189.99 SEQR ACTION: TYPE 11-15 RESOLUTION NO. 32 - CORRECTION OF TAX ROLL - TOWN OF ULYSSES (NEW YORK STATE) MOVED by Mr. Todd, seconded by Mr. Proto, and unanimously adopted by voice vote by members present under the Consent Agenda. 46 February 20, 1996 WHEREAS, this Board is informed that an error has been made in the 1993 Tax Roll for the Town of Ulysses; namely parcel 14.-1-28.21, acquired by New York State prior to the levy of taxes and was not made exempt , now therefore be it RESOLVED, on recommendation of the Governmental Operations and Administration Committee and in accordance with Section 558 of Real Property Tax Law, That the entry on the tax roll be expunged, RESOLVED, further, That the amount of $123.68 be charged back; $84.85 to the County of Tompkins; $38.83 to the Town of Ulysses. SEQR ACTION: EXEMPT - 2 RESOLUTION NO. 33 - CORRECTION OF TAX ROLL - TOWN OF ITHACA (NEW YORK STATE) MOVED by Mr. Todd, seconded by Mr. Proto, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, this Board is informed that an error has been made in the 1992, 1993 and 1994 Tax Rolls for the Town of Ithaca; namely a portion of parcel 31.-2.16, assessed to New York State was not made exempt, now therefore be it RESOLVED, on recommendation of the Governmental Operations and Administration Committee and in accordance with Section 558 of Real Property Tax Law, That the entries on the tax rolls be expunged, RESOLVED, further, That the amount of $1,064.02 be charged back; $180.77 to the County of Tompkins; $318.02 to the Town of Ithaca; $565.23 to the Ithaca City School District. SEQR ACTION: EXEMPT - 2 RESOLUTION NO. 34 - CORRECTION OF TAX ROLL - TOWN OF LANSING (BUTLER) MOVED by Mr. Todd, seconded by Mr. Proto, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, this Board is informed that an error has been made in the 1996 Tax Roll for the Town of Lansing; namely parcel 47.1-1-17.15, assessed to John E. Butler was erroneously charged with 2.09 acres at a value of $250,000, when the correct size of 1.97 acres should have been valued at $235,600, now therefore be it RESOLVED, on recommendation of the Governmental Operations and Administration Committee, That the total tax be changed from $1,749.00 to $1,648.26, RESOLVED, further, That the Town of Lansing Tax Collector is directed to correct the 1996 Tax Roll and issue a corrected tax bill, RESOLVED, further, That the amount of $100.74 be charged back; $72.29 to the County of Tompkins and $28.45 to the Town of Lansing. SEQR ACTION: EXEMPT - 2 RESOLUTION NO. 35 - CORRECTION OF TAX ROLL - TOWN OF LANSING (BUTLER) MOVED by Mr. Todd, seconded by Mr. Proto, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, this Board is informed that an error has been made in the 1996 Tax Roll for the Town of Lansing; namely parcel 47.1-1-17.2, assessed to John E. Butler was erroneously charged with 12.70 acres at a value of $635,000, when the correct size of 10.36 acres should have been valued at $533,600, now therefore be it 47 February 20, 1996 RESOLVED, on recommendation of the Governmental Operations and Administration Committee, That the total tax be changed from $4,442.47 to $3,733.06, RESOLVED, further, That the Town of Lansing Tax Collector is directed to correct the 1996 Tax Roll and issue a corrected tax bill, RESOLVED, further, That the amount of $709.41 be charged back; $509.03 to the County of Tompkins and $200.38 to the Town of Lansing. SEQR ACTION: EXEMPT - 2 RESOLUTION NO. 36 - REFUND OF TAXES — TOWN OF LANSING (BUTLER) MOVED by Mr. Todd, seconded by Mr. Proto, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, this Board is informed that an error has been made in the 1995 Tax Roll for the Town of Lansing ; namely parcel 47.1-1-17.2, assessed to John Butler, was erroneously charged with 12.70 acres at a value of $635,000, when the correct size of 10.36 acres should have been valued at $533,600, and WHEREAS, taxes have been paid on the erroneous value, now therefore be it RESOLVED, on recommendation of the Governmental Operations and Administration Committee, That a refund of $640.76 be made, RESOLVED, further, That $640.76 be charged back; $505.07 to the County of Tompkins and $135.69 to the Town of Lansing. SEQR ACTION: EXEMPT - 2 RESOLUTION NO. 37 - CORRECTION OF TAX ROLL - TOWN OF DRYDEN (REED) MOVED by Mr. Proto, seconded by Mr. Todd, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, this Board is informed that an error has been made in the 1996 Tax Roll for the Town of Dryden; namely parcel 57.-1-7, assessed to Alton I. Reed, was erroneously charged for water and sewer special districts on an assessed value of $355,000 when the correct amount was $233,000, now therefore be it RESOLVED, on recommendation of the Governmental Operations and Administration Committee, That the total tax be changed from $10,221.00 to $9,749.49, RESOLVED, further, That the Town of Dryden Tax Collector is directed to correct the 1996 Tax Roll and issue a corrected tax bill, RESOLVED, further, That the amount of $471.51 be charged back to the Town of Dryden. SEQR ACTION: EXEMPT - 2 RESOLUTION NO. 38 - AUTHORIZING THE TOMPKINS COUNTY INTERMUNICIPAL CABLE TELEVISION COMMISSION TO OBTAIN INFORMATION FROM TIME WARNER MOVED by Mr. Todd, seconded by Mr. Proto, and unanimously adopted by voice vote by members present under the Consent Agenda. and WHEREAS, residents of Tompkins County are provided cable service by Time Warner Cable, WHEREAS, Tompkins County recognizes the advantage of cooperation with other municipalities with regard to cable franchise issues, and 48 February 20, 1996 WHEREAS, the Tompkins County Intermunicipal Cable Television Commission has been formed pursuant to Article 5-G of the New York General Municipal Law for the purpose of advising municipalities on matters pertaining to cable television franchising and service, and holding public hearings when and where appropriate, all in order to promote the provision of good cable television service at reasonable rates to the residents of Tompkins County, and WHEREAS, Tompkins County is a member of the Tompkins County Intermunicipal Cable Television Commission, now therefore be it RESOLVED, on recommendation of the Governmental Operations and Administration Committee, That the Commission is hereby authorized to obtain from Time Warner on behalf of the County of Tompkins such information as the Commission deems appropriate, and this Resolution shall be deemed the specific instruction and direction of the County of Tompkins to Time Warner to provide such information as the Commission, as agent of the Municipality, may request. SEQR ACTION: TYPE II -15 RESOLUTION NO. 39 - AUTHORIZING AN AGREEMENT FOR PUBLIC SAFETY SECURITY SYSTEM UPGRADE MOVED by Mr. Todd, seconded by Mr. Proto, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the Public Safety surveillance equipment at the jail has malfunctioned and is in need of vital components which must be replaced immediately to return the said equipment to a fully functional system, and WHEREAS, the Sheriff's Department has solicited quotes from qualified companies for the replacement and maintenance of the components, now therefore be it RESOLVED, on recommendation of the Public Safety Committee, That an agreement be approved for an amount up to $20,000, and the County Administrator or his designee be authorized to execute said agreement. No new funds are needed for this project. SEQR ACTION: TYPE II -15 RESOLUTION NO. 40 - INCREASE IN HOURS - SENIOR PROBATION OFFICER AND PROBATION OFFICERS - PROBATION DEPARTMENT MOVED by Mr. Todd, seconded by Mr. Proto, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, a funded position of Probation Officer is vacant in the Probation Department, and WHEREAS, the Probation Department wishes to avoid the training costs incurred when hiring a new officer, now therefore be it RESOLVED, on recommendation of the Public Safety Committee, That one position of Senior Probation Officer (16/697), labor grade P (16) and six positions of Probation Officer (14/585), labor grade N (14) be increased from 35.0 hours per week to 37.5 hours per week effective January 1, 1996, RESOLVED, further, That no additional monies are required. SEQR ACTION: TYPE 11-15 RESOLUTION NO. 41 - AUTHORIZATION TO CONTRACT WITH SPECIALTY TESTING AND EQUIPMENT, INC., FOR SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT LOAN ASSISTANCE MOVED by Mr. Todd, seconded by Mr. Proto, and unanimously adopted by voice vote by members present under the Consent Agenda. 49 February 20, 1996 WHEREAS, Tompkins County received a Small Cities Community Development Block Grant (CDBG) from the U.S. Department of Housing and Urban Development (HUD) for economic development purposes, and WHEREAS, Specialty Testing and Equipment, Inc., has been approved by HUD to receive assistance, and WHEREAS, the necessary Environmental Record Review has been completed, now therefore be it RESOLVED, on recommendation of the Planning, Community Development and Education Committee, That the County be authorized to contract with Specialty Testing and Equipment, Inc., for a loan not to exceed $101,000, for new equipment purchases, RESOLVED, further, That the County Administrator or his designee be authorized to sign any agreement pursuant to this contract. SEQR ACTION: TYPE II -15 RESOLUTION NO. 42 - AUTHORIZATION TO SIGN A PROJECT AGREEMENT AND CLEAN AIR & WATER CERTIFICATION FOR THE CONSTRUCTION OF VIRGIL CREEK DAM MOVED by Mr. Todd, seconded by Mr. Proto, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the County has received contracting materials to execute an agreement with the Natural Resources Conservation Service to construct a high hazard dam on Virgil Creek for purposes of flood control, now therefore be it RESOLVED, on recommendation of the Planning, Community Development and Education Committee, That the County Administrator is authorized to execute the Project Agreement and any related documents. SEQR ACTION: TYPE 11-15 RESOLUTION NO. 43 -RESOLUTION REQUESTING FEDERAL GOVERNMENT TO FULFILL ITS CONTRACT PURSUANT TO PUBLIC LAW- 566 TO FUND THE VIRGIL CREEK FLOOD CONTROL PROJECT FOR CONSTRUCTION IN 1996 MOVED by Mr. Todd, seconded by Mr. Proto, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, Tompkins County, together with the Village and Town of Dryden is jointly sponsoring a Public Law 566 flood control project for the Virgil Creek watershed in the Town of Dryden, and WHEREAS, the local sponsors, pursuant to a joint contract with the Natural Resources Conservation Service (NRCS) of the United States Department of Agriculture, have fulfilled their obligation to purchase all of the land and flooding rights for the project, and WHEREAS, the construction design has been completed and the project has been rated by NRCS as first in priority for construction in the State of New York, and WHEREAS, on January 19, 1996, Tompkins County, and particularly the Village and Town of Dryden experienced another devastating flood, which caused hundreds of thousands of dollars of damage to both public and private property, and WHEREAS, the studies conducted for the flood control project clearly demonstrate that most of the damage in Dryden would have been prevented if the project had been completed, and WHEREAS, it is time for the Federal Government to honor the agreement it has made with the people of Dryden and Tompkins County, now therefore be it 50 February 20, 1996 RESOLVED, on recommendation of the Planning, Community Development and Education Committee, That the Tompkins County Board of Representatives calls upon the United States Government through the Natural Resources Conservation Service of the United States Department of Agriculture to fulfill its contract and to provide the necessary funding to build the Virgil Creek Flood Control project in 1996, RESOLVED, further, That Senator Alfonse D'Amato, Senator Daniel P. Moynihan and Congressman Maurice Hinchey be, and hereby are, urged in the strongest way possible to use their good offices to secure the necessary funding for the project so that the threat of future flooding in Virgil Creek can be eliminated, and that the people who live in the affected area can be made safe in their homes and their businesses, and public property be protected. SEQR ACTION: TYPE II -15 Appointment(s) Approved Under the Consent Agenda It was MOVED by Mr. Todd, seconded by Mr. Proto, and unanimously adopted by voice vote by members present to approve the following appointments under the Consent Agenda: Community Mental Health Services Board Sandra Swayze Larry Roberts Melissa Brous Environmental Management Council Adele Gay Nicholson Robert Beck Tompkins County Board of Health James Rice Daniel Hargett Soil and Waster Conservation District Dooley Kiefer At -Large At -Large At -Large City of Ithaca County Representative Office for the Aging Advisory Committee Teresa Robinson Community Affirmative Action Committee Beverly Livesay County Representative 12/31/96 Economic Opportunity Corporation Board of Directors Beverly Livesay County Representative 3/31/97 Greater Ithaca Activities Board Beverly Livesay Representative Expiring 12/31/97 Susanne Davis Tompkins County Youth Board Tim Joseph Tompkins County Planning Federation Raymond Maki Town of Newfield County Representative County Representative Withdrawal of Resolution(s) Not Requiring Board Action Expiring 12/31/99 Expiring 12/31/99 Expiring 12/31/97 Expiring 12/31/97 Expiring 12/31/97 Expiring 12/31/99 Expiring 12/31/2001 Expiring 12/31/96 Expiring 12/31/98 Expiring Expiring County Expiring 12/31/97 Expiring 12/31/96 Term to be Determined Chairman Stein gave the appropriate committee chair permission to withdraw the following resolutions with final committee action being affirmed: CA004-96 - Budget Adjustments - Various Departments CA005-96 - Authorization to Contract with Carlson Associates for Grant Development Services 51 February 20, 1996 Presentation of Resolution(s) Moved Forward on the Agenda RESOLUTION NO. 44 - DESIGNATING ADDITIONAL PROPERTIES FOR DESIGN AND CONSTRUCTION OF A HUMAN SERVICES OFFICE BUILDING MOVED by Ms. Mink, seconded by Ms. Blanchard. A voice vote resulted as follows: Ayes - 12, Noes - 1 (Representative Proto), Excused - 2 (Representatives Joseph and Totman). RESOLUTION ADOPTED. WHEREAS, the Human Services Building Construction Committee was directed by Resolution No. 287 of 1995 to identify additional properties necessary to provide the required 160 parking spaces for employees, visitor and County vehicles, now therefore be it RESOLVED, on recommendation of the Human Services Building Construction Committee, That the County Attorney is hereby directed to take the actions necessary to acquire the following properties: Street Address Tax Map Number 324-328 West State Street 71-2-17* 318-322 West State Street 71-2-16* 311 West Seneca Street 71-2-9 313 West Seneca Street 71-2-8 315 West Seneca Street 71-2-7 317-319 West Seneca Street 71-2-6 323 West Seneca Street 71-2-5 * Previously Designated by Resolution No. 287 of 1995. RESOLVED, further, That the County Administrator is authorized and directed to execute agreements for appraisals, survey, environmental testing etc., which may be necessary in order to acquire and clear these properties. SEQR ACTION: UNLISTED (Resolution No. 286 of 1995) RESOLUTION NO. 45 - AUTHORIZATION TO CONTRACT IN ORDER TO ACHIEVE SAVINGS IN FOSTER CARE SERVICES COSTS - DEPARTMENT OF SOCIAL SERVICES MOVED by Mrs. Livesay, seconded by Mr. Proto. Mr. Meskill expressed concern with the final RESOLVED in this resolution. He felt wording needed to be added that would keep the realities of the County's Fiscal Plan in front of the Board. He felt if this is an item that would result in savings to the County, that it be submitted in the next budget season as a cost -saver as outlined in the current Fiscal Plan. It was stated by Commissioner Dolan that it is desired to use these monies to support the program next year because the program is not mandated. Mr. Meskill was assured the fiscal target would remain the same and a proposal to use these savings would come before the Board in the next budget season, and the Board could choose how to use these savings at that time. A voice vote on the resolution resulted as follows: Ayes - 13, Noes - 0, Excused - 2 (Representatives Joseph and Totman). RESOLUTION ADOPTED. WHEREAS, the Department of Social Services has explored a variety of ways to achieve savings in costs for foster care, and WHEREAS, monies are available on a one-time basis from the State and Federal governments for new initiatives, now therefore be it RESOLVED, on recommendation of the Human Services and Human Resources Committee, That the County Administrator, or his designee, be authorized to execute contracts with the following agencies: 1. Youth Advocacy Program ($162,610) for an initiative designed to reduce foster care and Division for Youth institutional placements. 2. Community Dispute Resolution Center ($15,000) for a program to expedite permanency. 52 February 20, 1996 3. B.O.C.E.S. for a Bridging Program ($10,000) which will provide services for victims of domestic violence. 4. Family and Children's Services Dispositional Alternatives Program expansion ($67,500) designed to reduce the need for non -secure detention placements. RESOLVED, further, That the Director of Finance be directed to make the following adjustments to his books for 1996: BUDGET ADJUSTMENT Appropriation 6070.4400 Purchase of Service $255,110 Revenues 6070.3670 State Revenue $220,454 6070.4670 Federal Revenue 34,656 RESOLVED, further, That it is the intention of the Board to consider carefully using any savings in A Mandated foster care expenses to increase the Department's fiscal target in order to allow the continuation of these and similar programs to ensure continued savings. SEQR ACTION: TYPE II -15 RESOLUTION NO. 46 - AUTHORIZATION TO CONTRACT WITH CARLSON ASSOCIATES FOR GRANT ADMINISTRATION SERVICES MOVED by Mrs. Schuler, seconded by Mr. Lane. Mr. Proto stated he is not opposed to grant development, but is concerned with the increased dollar amount to handle the administration of grants. He feels more administration of grants should be taken on by the County Planning Department. He also said the County should be working with Better Housing of Tompkins County to administer these grants. A voice vote on the resolution resulted as follows: Ayes — 12, Noes- 1 (Representative Proto), Excused - 2 (Representatives Joseph and Totman). RESOLUTION ADOPTED. WHEREAS, Tompkins County has had a contract with Carlson Associates for the provision of Small Cities Community Development Block Grant (CDBG) administration services since 1992, and WHEREAS, the County is continuing this program and requires the services of a consultant to meet its obligation under the U.S. Department of Housing and Urban Development (HUD) and its obligations to contracting municipalities, and WHEREAS, the County is currently administering four County and six Town Small Cities CDBG grants, now therefore be it RESOLVED, on recommendation of the Planning, Community Development and Education Committee, That the County be authorized to contract with Carlson Associates for an amount not to exceed $60,000 for grant administration services covering up to 16 Community Development Block Grants for one year, RESOLVED, further, That the County Administrator or his designee be authorized to sign documents related to this contract. SEQR ACTION: TYPE 11-15 RESOLUTION NO. 47 - AUTHORIZATION TO CONTRACT WITH TROWBRIDGE AND WOLF FOR THE WATERFRONT PROJECT MOVED by Mrs. Schuler, seconded by Ms. Mink, and unanimously adopted by voice vote by members present. WHEREAS, Tompkins County has received a grant from the New York State Council on the Arts in the amount of $7,720 for a study of the Cayuga Lake waterfront, and WHEREAS, the project is a partnership among Tompkins County, the Tompkins County Industrial Development Agency ($5,000), the City of Ithaca ($5,000), the Town of Ithaca ($5,000), the Tompkins County Chamber of Commerce ($2,500), and Cornell University ($2,500), and 53 February 20, 1996 WHEREAS, the project requires the services of a landscape architect approved by the New York State Council on the Arts, now therefore be it RESOLVED, on recommendation of the Planning, Community Development and Education Committee, That the County be authorized to contract with Trowbridge and Wolf for landscape architectural services or other services related to the Cayuga Lake waterfront study in an amount not to exceed $19,000, RESOLVED, further, That the County Administrator or his designee be authorized to sign documents related to this contract. SEQR ACTION: TYPE II -15 RESOLUTION NO. 48 RESOLUTION IN SUPPORT OF COUNTY RESIDENTS REQUESTING THE NEW YORK STATE PUBLIC SERVICE COMMISSION TO REOPEN HEARINGS ON THE ISSUE OF NEED FOR A NEW YORK STATE ELECTRIC AND GAS PROPOSAL TO CONSTRUCT A NATURAL GAS STORAGE FACILITY AND PIPELINES, A PORTION OF WHICH RUN THROUGH TOMPKINS COUNTY MOVED by Ms. Kiefer, seconded by Mr. Proto, and unanimously adopted by voice vote by members present. WHEREAS, New York State Electric and Gas Corporation (NYSEG) on March 14, 1995, filed an application for a Certificate of Environmental Compaticility and Public Need for the Seneca Lake Storage and Gas Transmission Facilities (PSC Case 95-T-0248), and WHEREAS, the east line of the transmission facilities is to run through Tompkins County, affecting residents and lands either in Caroline, and Ithaca, or in Danby, and WHEREAS, the New York State Public Service Commission (PSC), with insufficient public participation, has approved the need for a proposed natural gas pipeline running through Tompkins County, and WHEREAS, public hearings on the proposed route through Tompkins County were held after the issue of need was determined, so that there was no official forum for input by citizens of Tompkins County including residents of Caroline, Danby, and Ithaca, and WHEREAS, citizens in those areas, represented by the Coddington Valley Association, have petitioned the PSC to reopen hearings on the need for this project, and WHEREAS, residents of Tompkins County may have been denied their due -process rights pursuant to Article VII of the Public Service Law, and WHEREAS, the Town Boards of Caroline, Danby, and Ithaca, and the Environmental Management Council of Tompkins County have each passed resolutions in support of the residents, now therefore be it RESOLVED, on recommendation of the Health and Environmental Quality and Governmental Operations and Administration Committees, That the Tompkins County Board of Representatives strongly urges the PSC to approve the petition for rehearing on the issue of need so that interested residents of Tompkins County may have the opportunity to provide relevant testimony. SEQR ACTION: TYPE 11-15 Report and Presentation of Resolution(s) from the Transportation Services and Facilities Committee Ms. Blanchard, Chair, reported a . short meeting was held with the Engineering Division on February 7 for the purpose of reviewing current projects. The next meeting will be February 21 at 8 a.m. 54 February 20, 1996 RESOLUTION NO. 49 AUTHORIZING A FIVE-YEAR LEASE FOR OPERATION OF A RESTAURANT/BAR FACILITY AT THE OLD TERMINAL BUILDING (FORMERLY KNOWN AS "BRYAN'S LANDING") - TOMPKINS COUNTY AIRPORT MOVED by Ms. Blanchard, seconded by Mr. Meskill, and unanimously adopted by voice vote by members present. WHEREAS, a Request for Proposals (RFP) for the operation of the Restaurant/Bar Facility at the Old Terminal Building of the Tompkins County Airport has been duly advertised and ONE proposal was received by close of bids on February 14, 1996, and WHEREAS, the proposal by Whitebait Inc., of Warren Road, Ithaca, is acceptable and meets all the requirements contained in the County's Request for Proposals, now therefore be it RESOLVED, on recommendation of the Transportation Services and Facilities Committee, That a lease agreement be signed with Whitebait Inc., for a five-year period, commencing on or about March 1, 1996, and the County Administrator is hereby authorized to sign said contract. SEQR ACTION: TYPE 11-16 Report from the Health and Environmental Quality Committee Mr. Evans, Chairman, reported the Committee met prior to the Board meeting and approved resolutions reflected on the agenda. The next meeting will be February 22 at 9:30 a.m. The Committee will begin initial discussion on consideration of actions related to damage to creeks from the recent flood. Report and Presentation of Resolution(s) from the Budget and Fiscal Policy Committee Ms. Mink, Vice Chair, reported the Committee met briefly before the Board meeting to approve a resolution on the agenda. RESOLUTION NO. 50 - AUTHORIZATION TO INCREASE HOURS, APPROPRIATE CONTINGENT FUNDS AND INCREASE FISCAL TARGET - CRIMINAL JUSTICE COORDINATOR MOVED by Mr. Meskill, seconded by Mr. Proto, and unanimously adopted by voice vote by members present. RESOLVED, on recommendation of the Public Safety and Budget and Fiscal Policy Committees, That the position of Criminal Justice Coordinator, labor grade '0', job code 1199, standard work week of 35.0 hours be increased to a standard work week of 40.0 hours, RESOLVED, further, That the Director of Finance be authorized and directed to make the following appropriation from the contingent fund: FROM: A1990.4400 Contingent Fund $5,100 TO: A3989.1963 Criminal Justice Coordinator $4,080 A3989.8800 Fringes 1,020 RESOLVED, further, That the 1997 Fiscal Target for Criminal Justice Coordinator be increased by $11,500 to accommodate the increase in salary. SEQR ACTION: TYPE II -15 Report and Presentation of Resolution(s) from the Governmental Operations and Administration Committee 55 February 20, 1996 Mr. Lane, Chairman, reported the Committee met February 12, and heard a report from the Planning Department concerning the status of the GIS (Geographic Information System) Program which reports to the Governmental Operations and Administration Committee this year. He stated the Committee will be looking at its coordination with the GIS Committee, which has been set up to oversee the project. He said the Committee also had a report on whether the County should have a revaluation assessment. A report the Assessment Department prepared on how assessed values relate to actual market sales in the County is on file in the Board office. The Committee has asked the Assessment Department to bring back a proposal on how the County would move forward if a decision is made for revaluation. The Committee also passed a resolution in support of the Intermunicipal Cable Commission's request to obtain information from Time Warner Cable. He said in the past, Time Warner has been reluctant to share subscriber information with the County because it feels that it contracts directly with municipalities. He reported Requests for Proposals recently went out for the County insurance brokerage and claims management. Three proposals were received and interviews will be scheduled with the firms. Chairman Stein encouraged Mr. Lane to prepare an informational press release to address concerns that many people have had in regard to the new Time Warner converter boxes. Report from the Intermunicipal Cable Commission Mr. Lane reported the public hearing was held February 8, and several telephone calls were received from the public who were concerned about the Time Warner Cable's new converter box policy. RESOLUTION NO. 51- AUTHORIZING CERTIFICATE OF CANCELLATION, TOWN OF LANSING TAX PARCEL 44.1-1-38.121 MOVED by Mr. Lane, seconded by Mr. Evans. A voice vote resulted as follows: Ayes - 12, Noes - 1 (Representative Winch); Excused - 2 (Representatives Joseph and Totman). RESOLUTION ADOPTED. WHEREAS, the Finance Department filed a NOTICE OF FORECLOSURE against various parcels on October 12, 1995, with the County Clerk (Index no. 95-1013), and WHEREAS, the Real Property Tax law, Section 1138, provides that the tax district's enforcing officer may elect to withdraw parcels from foreclosure if it is believed that acquisition of those parcels would expose the tax district to a liability substantially in excess of the amount that could be recovered by enforcing the tax lien, and WHEREAS, after a site visitation and review by the Departments of Finance and Planning in accordance with the recently -passed County Land Policy the enforcing officer, the Director of Finance, has issued Certificates of Withdrawal on two tax parcels and has recommended that one of these, Town of Dryden tax parcel 47-1-9, proceed to a phase two environmental review and that a Certificate of Cancellation be authorized and issued on the other parcel, and WHEREAS, the other parcel, tax parcel 44.1-1-38.12, which is a portion of a road in the Village of Lansing has been withdrawn for that reason, and WHEREAS, Section 1138(6) further provides that a tax parcel may be canceled if there is no practical method to enforce collection of the delinquent tax lien and that a supplemental proceeding to enforce collection of the tax would not be effective, now therefore be it RESOLVED, on recommendation of the Governmental Operations and Administration Committee, That it is determined that there is no practical method to enforce the delinquent tax lien on Town of Lansing Tax Parcel 44.1-1-38.12 and that a supplementary proceeding to enforce collection of the tax would not be effective and therefore the Director of Finance is authorized and directed to issue a Certificate of Cancellation on this said tax parcel which has the effect of canceling the delinquent tax lien on this property and of removing the parcel from the tax rolls. SEQR ACTION: TYPE II - 15 56 February 20, 1996 RESOLUTION NO. 52 - TO AMEND RESOLUTION NO. 303 OF DECEMBER 21, 1994, DETERMINATION AND CERTIFICATION OF COUNTY CLERK'S ALLOWANCE - ANNUAL EXPENSES FOR ADMINISTERING MORTGAGE TAX (Amended by Resolution No. 21 of 1997) MOVED by Mr. Lane, seconded by Mr. Evans, 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 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 $37,864 per annum to $38,199 per annum, now therefore be it RESOLVED, on recommendation of the Governmental Operations and Administration Committee, That the sum of $38,199 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 $38,199 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: TYPE II -15 RESOLUTION NO. 53 - AMENDING RESOLUTION NO. 357 OF 1993 TO ADOPT A REVISED ANNUAL DISCLOSURE -CONFLICT OF INTEREST STATEMENT MOVED by Mr. Lane, seconded by Mr. Meskill. Ms. Kiefer was assured that the document entitled Conflict of Interest remains a part of this document. She also felt the revised form makes it harder to recognize or enforce conflict of interest cases. It was stated the proposed form moves away from disclosure and moves toward an honor system. A lengthy discussion followed on this resolution with some members feeling the prior form placed an infringement upon an individual's privacy rights. The proposed form no longer obligates immediate family members to disclose the detailed information that has been required in the past. It was MOVED by Mr. Evans, seconded by Ms. Blanchard, to amend section 2(b) Investments to add the wording: "who are doing business in or with Tompkins County". A voice vote on the amendment resulted as follows: Ayes - 7 (Representatives Blanchard, Evans, Mink, Schuler, Stein, Todd and Winch); Noes - 6 (Representatives Davis, Lane, Livesay, Meskill, Proto, and Kiefer); Excused - 2 (Representatives Joseph and Totman). AMENDMENT FAILED. It was MOVED by Mr. Proto, seconded by Mr. Winch, to refer the resolution back to Committee for further work. A voice vote on referring the resolution to Committee resulted as follows: Ayes - 7 (Representatives Blanchard, Evans, Kiefer, Proto, Schuler, Stein and Winch); Noes - 6 (Representatives Davis, Lane, Livesay, Meskill, Mink, and Todd); Excused - 2 (Representatives Joseph and Totman). MOTION FAILED. 57 February 20, 1996 A voice vote on the original resolution resulted as follows: Ayes - 6 (Representatives Davis, Lane, Livesay, Mink, Meskill and Todd); Noes - 7 (Representatives Blanchard, Evans, Kiefer, Proto, Schuler, Stein and Winch); Excused - 2 (Representatives Joseph and Totman). RESOLUTION LOST. Chairman Stein referred this resolution to the Governmental Operations and Administration Committee. WHEREAS, Resolution No. 357 of 1993 entitled "Annual Disclosure for County Elected Officials and Policy -Makers, Amending Administrative Policy Manual and Code of Ethics" adopted an Annual Disclosure form required to be filed annually by key employees and Elected Officials, now therefore be it RESOLVED, on recommendation of the Governmental Operations and Administration Committee, That the revised Annual Disclosure form as filed in the Clerk of the Board's office is hereby adopted in order to revise the requirement for person other than the employee or official to disclose investment unless these investments create a conflict of interest. SEQR ACTION: TYPE II -15 RESOLUTION NO. 54 - AMENDING THE RULES OF THE BOARD OF REPRESENTATIVES MOVED by Mr. Lane, seconded by Mr. Evans, and unanimously adopted by voice vote by members present. RESOLVED, on recommendation of the Governmental Operations and Administration Committee, That Rule IV - Orders of Business (3) and (7) of the Rules of the Board of Representatives is hereby amended as follows: MOVE: "Minutes of Previous Meeting" to precede Adjournment and renumber the Order of Business accordingly. DELETE: "Any resolution that has been approved by majority vote of the Budget and Administration Committee shall appear on the Board agenda in the form approved by that Committee with a notation when it is an amended version of the program committee resolution." ADD AS A NEW PARAGRAPH: "Any resolution that has been recommended for Board action by more than one Committee of the Board shall appear on the Board agenda in the form approved by the final Committee to vote on it, in a format specifying differences from the wording approved by other Committees." SEQR ACTION: Type II -15 Report and Presentation of Resolution(s) from the Human Services and Human Resources Committee Mrs. Livesay, Chair, reported the Committee met February 7, and business is reflected on the agenda. At that meeting the Committee spent considerable time hearing from Mary Pat Dolan, Social Services Commissioner, about the issues her Department is looking at that are involved in the Governor's proposed budget, and is working on proposals for dealing with them. There was also a report on the things in the 1995-96 budget that have already been passed that will require changes in the way the Department operates. Mrs. Livesay also reported on the New York State Association of Counties meeting she attended. She said in the Governor's budget there are cuts being proposed from the summer youth employment programs. She feels this is serious and is something the Committee needs to direct its attention to. The next meeting will be March 6 at noon. Mrs. Livesay announced the May 1 meeting has been rescheduled to May 8. 58 February 20, 1996 RESOLUTION NO. 55 - AUTHORIZATION TO EXECUTE 1996 AGREEMENT WITH TOMPKINS COUNTY ECONOMIC OPPORTUNITY CORPORATION (EOC) AND BUDGET ADJUSTMENT MOVED by Mrs. Livesay, seconded by Ms. Blanchard, and unanimously adopted by voice vote by members present. WHEREAS, Resolution No. 218 of 1995 authorized the designation of County provided space to EOC, and WHEREAS, this resolution further authorized an agreement with EOC for 1995 in the amount of $77,715 as rent for that space with the stipulation that the payment for 1996 be determined by the cost to Tompkins County of providing that space, now therefore be it RESOLVED, on recommendation of Human Services and Budget and Fiscal Policy Committees, That the County Administrator is authorized and directed to execute a contract and lease agreement with EOC through 1996 that includes $79,215 in grant funding to that agency and requires a payment of $79,215 in rent from that Agency, RESOLVED, further, That EOC be required to include rent in grant funding applications to cover to the extent possible the cost of this space and to pay to Tompkins County any of this rental funding that it succeeds in obtaining, RESOLVED, further, That the Director of Finance is authorized and directed to make the following budget adjustment: BUDGET ADJUSTMENT Appropriation: A6301.4501 EOC $79,215 Revenue: A9999.2401 Unallocated Revenues - Rentals $79,215 SEQR ACTION: TYPE 11-15 Report from the Public Safety Committee Mr. Meskill, Chairman, reported the Committee met on February 22, and discussed the Jail board -out situation and expenditures for boarding out of over $.5 million in the last three years. He reported there will be a meeting to discuss the E911 system on March 7, with representatives of NYNEX and the Public Service Commission. The Local Emergency Planning Committee which is established under State guidelines to deal with hazardous chemical situations, has been meeting; however, they have a long way to go to accomplish the Plan. Mr. Proto felt strongly there should be a forum to bring together local emergency services personnel so that they can plan in the event of an emergency such as the recent flood. Mr. Meskill clarified this is not the purpose of the LEPC, and that there would need to be a separate forum for the type of planning Mr. Proto referred to. Report from the Planning, Community Development and Education Committee Mrs. Schuler, Chair, reported the Committee met on February 13, and business is reflected on the agenda. The Committee had discussion with the Economic Development Committee about Small Cities HUD applications and also had an update on the Waterfront Project. The Committee also talked about the disposition of the Biggs building and appointed Representatives Proto and Blanchard to a special subcommittee. Mrs. Schuler reported the Committee accepted the 1996 Work Plan of the Planning Department. Mrs. Schuler announced Rebecca Lubin filled the position of Circuit Rider and Thomas Chefalo filled the position of Information Specialist. She also stated the Groton and Dryden library tours have been scheduled for March 6. She reported the RFP's (Request for Proposals) for the Library Feasibility Study are due back tomorrow. Mrs. Schuler said the Dewitt Historical Society has a new exhibit called Ithaca Uncovered - Secret History Tour. The next meeting will be March 11. Report from the Solid Waste Committee 59 February 20, 1996 Mr. Todd, Chairman, reported the Committee met February 16 and discussed the final closure of the Hillview Road Landfill. He stated the composting facility has been closed and the equipment is in the process of being dismantled and sold. He reported the RFP (Request for Proposals) for the Household Hazardous Waste Facility is proceeding. Mr. Todd stated a couple of meetings back the Board gave permission to waive the tipping fee at the Recycling and Solid Waste Center for flood damaged materials. As of February 9 there had been 29.6 tons of materials delivered which amounts to $1,700 in waived tipping fees. He reported the Groton health care facility received the most damage from the flood, and delivered the most damaged materials. The next meeting has been rescheduled from March 11 to March 4 at 10 a.m. Chairman Stein made mention of a recent article in the Danby Area News in which the County was thanked for waiving the tipping fee for flood damaged materials at the Recycling and Solid Waste Center. Report from the Charter Review Committee Mr. Lane, Chairman, reported the Committee met last week. They are working through recommendations and are trying to get a report out by the end of March. The next meeting will be February 27. At that meeting the Committee will be discussing the administration of the Board Office with the Clerk of the Board. The Committee will also be talking with Anita Fitzpatrick regarding whether there are any job descriptions for elected officials. Report from the Rural Affairs Committee Mr. Proto, Chairman, had no report. He encouraged Board members to attend the Municipal Officials Association meeting to be held February 29, after the Adjourned Board Meeting. Report from the Electronic Future Committee Mr. Evans, Chairman, reported the Committee is continuing its work and will meet February 23 at 3 p.m. He stated the Committee has been working with volunteer students from the Cornell University Business school to do supply and demand research papers on a possible County -wide Network. Mr. Evans stated the Committee will also be looking at the issue of how to get information concerning the work of the Committee out to the public. Report from the Leadership Council Ms. Mink, Chair, had no report. Report from the Economic Development Committee Ms. Mink, Chair, reported the Committee will meet February 27, at 10 a.m., with representatives of the Advisory Board on Tourism Development, Community Arts Partnership and the Convention and Visitors Bureau, to work towards having more productive working relationships. Report from the Human Services Building Construction Committee Ms. Mink, Chair, had no report. Report from the Public Information Committee Mr. Evans reported the Committee met last Friday to review articles for the next County Newsletter. He said the Newsletter will include information on the proposed State budget. 60 February 20, 1996 Approval of February 6, 1996 Minutes It was MOVED by Mrs. Livesay, seconded by Mr. Todd, to approve the February 6, 1996 minutes as submitted. It was MOVED by Ms. Kiefer, seconded by Mrs. Schuler, and unanimously adopted by voice vote by members present, to approve the minutes of February 6, 1996, with the amendment submitted by Representative Kiefer. A voice vote on the minutes resulted as follows: Ayes - 13, Noes - 0; Excused - 2 (Representatives Joseph and Totman). MINUTES APPROVED. Amendment to January 16, 1996 Minutes It was MOVED by Mr. Meskill, seconded by Mr. Evans, and unanimously adopted by voice vote by members present, to amend the January 16, 1996, minutes on Page 12 under Resolution No. 19, end of first paragraph: Replace the wording "Mr. Meskill especially objected to the monitoring cost of $417.50 per month being paid by the County" to "There was particular concern about the monitoring cost of $417.50 per month being paid by the County". Adjournment On motion the meeting adjourned at 7:55 p.m. to February 29 at 4 p.m. in Board Ch ambers. 61 February 29, 1996 Adjourned Board Meeting Called to Order Chairman Stein called the adjourned Board meeting to order at 4:05 p.m. for the purpose of hearing reports from County staff concerning the potential impact of the proposed Governor's Budget. Present: 13 Representatives; Representative Livesay arrived at 4:07 p.m.; Representative Proto arrived at 4:11 p.m.; and Representative Blanchard arrived at 4:40 p.m. Excused: 1 (Representative Mink). Absent: 1 (Representative Davis). Presentations on Proposed Governor's Budget The following County staff gave the Board a presentation on the potential impact of the proposed Governor's Budget on their department: Bob Ross, Tompkins Cortland Community College Anthony DeLuca, Mental Health Director Brenda Crosby, Public Health Administrator Jack Miller, Fire, Disaster, and EMS Coordinator Irene Stein, Office for the Aging Director Mary Pat Dolan, Social Services Commissioner Nancy Zahler, Youth Bureau Director Emery Guest, Sheriff Kathryn Leinthall, Probation Director It was noted that highway (CHIPS) funds and TOMTRAN could be increased if the proposed State budget is approved. COPIES OF TRANSCRIPTS SUBMITTED BY DEPARTMENTS AND OVERHEAD PROJECTION CHARTS ARE ON FILE IN THE BOARD OFFICE FOR REVIEW. Mr. Stein said it was important to communicate to the Senate and Assembly the potential impacts. He feels it should take place through committees and working with department heads. Recess and Executive Session Chairman Stein declared recess at 6:02 p.m. The meeting reconvened at 6:10 p.m. On motion, and duly seconded, and unanimously adopted by voice vote by members present, to hold an executive session to discuss contract negotiations. An executive session was held at 6:10 p.m. and returned to open session at 6:40 p.m. Adjournment On motion, the meeting adjourned at 6:40 p.m. 62 March 5, 1996 Regular Meeting Public Hearing -1996 Small Cities Community Development Block Grant Chairman Stein called the public hearing to order at 5:33 p.m. concerning the 1996 Small Cities Community Development Block Grant (CDBG). James Hanson, Commissioner of Planning, stated this is the final public hearing for the HUD Small Cities Community Development Block Grant Program. He stated there have been several applications submitted totaling $2.3 million. Projects that are included in the Program are the first-time Homeownership Program, an economic project, and a microenterprise project. Mr. Hanson introduced. Angela Noble, owner of her own microenterprise consulting firm; and John Alexander, President of CBoard Corp. Mr. Hanson thanked Karl Heck, Community/Economic Development Coordinator, for the amount of work he has put into the Small Cities Program. Chairman Stein asked if any member of the public wished to speak. No one wished to speak and the public hearing was closed at 5:38 p.m. Pledge of Allegiance to the Flag and Roll Call of Members Members and guests participated in the Pledge of Allegiance to the Flag. Present: 15 Representatives. Proclamation(s) Chairman Stein presented the following proclamations: • Ithaca -Tompkins County Trail Week in Tompkins County March 7-13, 1996, to John Ulberg • Employ the Older Worker Week in Tompkins County March 11-15, 1996, to Representative Evans Chairman Stein introduced Lauren Govern, Ithaca College student. Ms. Govern stated she is required through her Social Policy Class, to attend local government meetings. Privilege of the Floor by Board Members Mr. Joseph, District No. 12 Representative, spoke concerning a recent statement he made at a Board meeting. He said during discussion of the resolution which asked for a change in State Law to require the collection of sales tax at Cornell University's Statler Hotel, he stated it wasn't clear that current law exempts Cornell from collecting that tax. He said he received a letter from Hank Dullea, Vice President of Cornell University, challenging that statement, citing the section of the Law that offers the exemption. Mr. Joseph stated Mr. Dullea is correct; it seems very clear that unless one wishes to challenge the fact that the Statler is performing an educational function, which was not his intention, the exemption seems clear. Mr. Joseph apologized to Cornell for his comment. However, Mr. Joseph said this does not change the fact that he feels the tax should be collected and the County has passed on its resolution to the State. Ms. Davis, District No. 2 Representative, thanked Judy Saul of the Community Dispute Resolution Center, and Leslie Chatterton of the City of Ithaca Planning Department, for putting together an open public forum last evening for City residents to come and discuss future changes. She said she 63 March 5, 1996 was pleased that there was discussion of ways in which everyone could work together to find solutions for all of Tompkins County. Mr. Proto, District No. 7 Representative, mentioned an article in yesterday's Ithaca Journal in which acknowledgment was given by Time Warner Cable to local television programs, including the telecast of Board meetings. Addition of Resolution(s) to the Agenda 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 Conduct a Public Hearing - Acquisition of Property - Proposed Acquisition of Property for the County Human Services Building at West State and West Seneca Streets Authorization to Apply for Small Cities Community Development Block Grant for Home- ownership and Microenterprise Initiative Creation of Data Collector Position - Solid Waste Withdrawal of Resolution(s) from the Agenda There were no resolutions to be withdrawn from the agenda. Chairman's Report and Appointments Chairman Stein reported on the Adjourned Board meeting held February 29, which was held for the purpose of hearing from department heads on the potential impact of the Governor's 1996 State Budget. Mr. Stein commended department heads for their time and effort spent in presenting key points to the Board. He said the information was presented well, was informative, and will help the Board do their job better. Mr. Stein requested that each program committee chair consider the information that was presented to them to determine whether their committee should formulate a resolution to be forwarded to Albany concerning the State Budget. He asked Mr. Heyman, County Administrator, to take on the responsibility of looking into what County departments and this Board has to do in order to be prepared to respond to block grants, should they be created by the State Budget. Appointments Chairman Stein made the following appointments: Human Services Building Construction Committee Ad Hoc Committee members - Tim Joseph and Dan Winch Report from the County Administrator Mr. Heyman reported on the Partners for Quality (PFQ) initiative. He said the cross -functional contract team has been meeting for one year and has performed a dramatic overhaul of the process. Their proposal is prepared and a presentation will be made to the Leadership Council and then to the Governmental Operations and Administration Committee on March 11. Mr. Heyman also reported his office, the County Attorney's office, and the Board office, are working together on the daily management side as a quality unit. They are working together to identify problems in different ways and model behavior. He said the process is going well because everyone participates in finding solutions. 64 March 5, 1996 Mr. Heyman reported on block grants, and said most of the planning that has to take place is in the Social Services Department, although the scope of change in the Mental Health Department is vast as well. The people in charge of those departments are giving a tremendous amount of thought to the most likely outcomes of the current federal and state debates. Report from the County Attorney Mr. Theisen reported the County auction of tax foreclosed properties is planned for March 18. He said there are three pieces of State Legislation the County is currently asking for: putting the Annual Solid Waste Fee on the property tax bill, the consolidation of the transportation law and the sales tax for the Statler Hotel. Mr. Theisen said the purchase option for Wal-Mart has expired and the judge has issued a decision in Supreme Court on the matter. If anyone is interested in obtaining a copy of the decision they should let him know. Report from the Finance Director Mr. Squires said he will be putting a list of the thirty properties subject to be sold at the County Auction of tax foreclosure properties in Board members mailboxes. He said six of the properties are residential and the total tax liabilities are approximately $150,000. He said the County closed on solid waste fmancing this past week through the New York State Environmental Facilities Corporation. This was the County's first participation in a subsidized loan program, which allowed the County to borrow $2,100,000 at a rate of 2.8 percent. This results in a $425,000 savings in interest over the life of the debt. He also reported on the resignation of Lisa Stephens, Manager of the Budget and Finance Office. He said he has appointed Helen Beach, who has been an Auditor in his Office, to fill that position. Resolution(s) Approved Under the Consent Agenda RESOLUTION NO. 56 - APPROVAL OF ABBREVIATED CONSOLIDATED PLAN FOR HOUSING AND URBAN DEVELOPMENT SMALL CITIES APPLICATION MOVED by Mrs. Livesay, seconded by Mr. Joseph, and unanimously adopted by voice vote under the consent agenda. WHEREAS, Tompkins County is submitting two U.S. Department of Housing and Urban Development (HUD) Small Cities Community Development Block Grant (CDBG) applications for the 1996 round of funding, and WHEREAS, HUD has required the completion of an Abbreviated Consolidated Plan as part of those applications, and WHEREAS, the Planning Department has prepared the Abbreviated Consolidated Plan to comply with this regulation, now therefore be it RESOLVED, on recommendation of the Planning, Community Development and Education Committee, That the Tompkins County Abbreviated Consolidated Plan be approved and the County be authorized to submit the Plan to HUD, RESOLVED, further, That the Chairman of the Board of Representatives be authorized to sign any documentation involved in the Abbreviated Consolidated Plan. SEQR ACTION: TYPE II -15 65 March 5, 1996 RESOLUTION NO. 57 - AUTHORIZATION TO EXECUTE A GRANT AGREEMENT WITH THE NEW YORK STATE DEPARTMENT TO TRANSPORTATION (NYSDOT) TO ACQUIRE LAND FOR THE TERMINAL AREA IN FEE SIMPLE TITLE (AGWAY PARCEL OF APPROXIMATELY 3 ACRES) - TOMPKINS COUNTY AIRPORT MOVED by. Mrs. Livesay, seconded by Mr. Joseph, and unanimously adopted by voice vote under the consent agenda. WHEREAS, the County has received a grant offer from NYSDOT in the amount of $8,575 towards the cost of purchasing a parcel of land for future development at the Airport, and WHEREAS, the funding for the purchase and associated appraisals, investigations, etc., is as follows: FAA Share NYSDOT Share Local Share (PFCs) Total (90%) ( 5%) ( 5%) (100%) Account No. 5610.4592 Account No. 5610.3592 Account No. 5610.5031 Account No. 560.9239 RESOLVED, on recommendation of the Transportation Services the NYSDOT grant offer in the amount of $8,575 be and hereby is Administrator is authorized to execute the required documents. SEQR ACTION: TYPE 11-16 $154,350 $ 8,575 $ 8,575 $171,500 and Facilities Committee, That accepted and that the County RESOLUTION NO. 58 - CONSENT TO TRANSFER OF LEASE - AIRQUEST HANGAR - TOMPKINS COUNTY AIRPORT MOVED by Mrs. Livesay, seconded by Mr. Joseph, and unanimously adopted by voice vote under the consent agenda. WHEREAS, the County of Tompkins executed a lease agreement with Alan R. Chaffee (d/b/a "Airquest") for the operation of an aircraft maintenance and repair facility for the period March 1, 1986 through December 31, 2006, and WHEREAS, Innovative Dynamics, Inc., of Cornell Business and Research Park has made a purchase offer for the hangar and remaining portion of the lease and wishes to use the premises to store and work on aircraft in connection with their anti -icing business, and WHEREAS Paragraph 11 of the lease agreement with Mr. Chaffee provides for the transfer of said lease to another party, now therefore be it RESOLVED, on recommendation of the Transportation Services and Facilities Committee, That said transfer of lease to Innovative Dynamics, Inc., is approved, and that the Airport Manager is authorized to make amendments to the lease agreement where appropriate. SEQR ACTION: TYPE II -16 RESOLUTION NO. 59 - AUTHORIZATION TO EXECUTE AGREEMENT — THREE-YEAR BRIDGE CONSULTANT - LABELLA ASSOCIATES, P.C. MOVED by Mrs. Livesay, seconded by Mr. Joseph, and unanimously adopted by voice vote under the consent agenda. WHEREAS, there is an ongoing need to employ bridge engineering consultants for various design projects contained in the Highway Department's five-year bridge plan, and 66 March 5, 1996 WHEREAS, twenty firms submitted qualifications on December 14, 1995, to provide engineering services for multiple bridge projects between 1996 and 1998, now therefore be it RESOLVED, on recommendation of the Transportation Services and Facilities Committee, That the County Administrator is authorized and directed to execute a three-year agreement with LaBella Associates, P.C. (LaBella) of 300 State Street, Rochester, New York to provide bridge engineering services. SEQR ACTION: TYPE II -15 Withdrawal of Resolution(s) Not Requiring Board Action Chairman Stein gave the appropriate committee chair permission to withdraw from the agenda the following resolution with final committee action being affirmed: CA006-96 - Authorization to Execute Contract with Kay -Carole Day for Consultant Services to Assist in Developing the Structure and Mission of the Mental Health Department's Starlight Social Club Presentation of Resolution(s) Moved Forward on the Agenda RESOLUTION NO. 60 - AUTHORIZATION TO APPLY FOR SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT FOR HOMEOWNERSHIP, MICROENTERPRISE INITIATIVE, AND ECONOMIC DEVELOPMENT MOVED by Mrs. Schuler, seconded by Mr. Proto, and unanimously adopted by voice vote under the consent agenda. WHEREAS, Tompkins County has an ongoing Small Cities Community Development Block Grant program to assist the County and local municipalities, and WHEREAS, the County has an ongoing first-time Homeownership program and an interest in the expansion of the ongoing City of Ithaca microenterprise to cover the County, and WHEREAS, the County has been working on the development of Community Block Grant proposals with potential program providers, now therefore be it RESOLVED, on recommendation of the Planning, Community Development and Education Committee, That the County be authorized to apply for up to $2.7 million over three years in Small Cities Community Development Block Grant funds for the purpose of homeownership, microenterprise initiative, and economic development, RESOLVED, further, That the County Administrator or his designee be authorized to sign and documents necessary to submit this application. SEQR ACTION: TYPE 11-15 Report and Presentation of Resolution(s) and Appointments from the Health and Environmental Quality Committee Mr. Evans, Chairman, reported the Committee met on February 22 and much of the Committee's work is reflected on the agenda. He stated the Committee received a report on the Water Quality Strategy Plan, and the report is filed with the Clerk of the Board. Mr. Evans also noted the receipt of a $100,000 grant for the Six Mile Creek Watershed Program. He said James Skaley of the Planning Department, was asked to look into proposals for what the County could do to assist towns and municipalities from damage relating to the recent flood. Mr. Evans said during the flood on January 19, 67 March 5, 1996 the flow meter at German Crossroads was broken, and at the time it broke there were eight and one half tons of sediment flowing down that stream every minute. RESOLUTION NO. 61 - CREATION OF CASE AIDE POSITION - MENTAL HEALTH MOVED by Mr. Evans, seconded by Mrs. Schuler. Mr. Meskill said he has concern with not only this position, but all added positions, and asked that the County try to define what the impact will be and where the money will come from for this year, and next year. Mr. Evans stated the funding for this position is coming from a currently vacant position in the Department, and it is difficult to say what will happen next year because the impacts of the State Budget are not known at this time. He noted this Department has been relatively self-sustaining over the last two years and has used a minimum of County tax dollars; it is their hope to come up with a plan to continue to do that. A voice vote on the resolution resulted as follows: Ayes - 15, Noes - 0. RESOLUTION ADOPTED. WHEREAS, the Department of Mental Health has determined they have the need for a position to provide staffing for particular activity -oriented groups in their Continuing Day Treatment program, now therefore be it RESOLVED, on recommendation of the Health and Environmental Quality Committee, That one position of Case Aide (8/511), labor grade 11(8), competitive class be created effective February 22, 1996. SEQR ACTION: TYPE II -15 RESOLUTION NO. 62 - RESOLUTION OF APPRECIATION - DR. JOHN G. MAINES MOVED by Mr. Evans, seconded by Mr. Proto, and unanimously adopted by voice vote. WHEREAS, nearly thirty years of County service has been given by Dr. John G. Maines, eighteen years with the Medical Examiner's office, ten as Deputy Medical Examiner, and eight as Chief Medical Examiner, and WHEREAS, Dr. Maines has promoted public health by the investigation and certification of the cause of death, provision of epidemiologic data, and the conduct of community education, now therefore be it RESOLVED, on recommendation of the Tompkins County Health Department and the Tompkins County Board of Health, That the Tompkins County Board of Representatives wishes to join them to express their appreciation to Dr. Maines for his many years of service to the residents of Tompkins County. SEQR ACTION: TYPE II -15 Appointment(s) It was MOVED by Mr. Evans, seconded by Mr. Lane, and unanimously adopted by voice vote, to approve the following appointments: Soil and Water Conservation District George Totman - County Representative with a term expiring December 31, 1996 Fish and Wildlife Management Board Daniel Winch - County Representative with a term expiring December 31, 1997 Environmental Management Council 68 March 5, 1996 Joyce G. Gerbasi - Town of Dryden Representative with a term expiring December 31, 1997 Report and Presentation of Resolution(s) from the Budget and Fiscal Policy Committee Mr. Joseph, Chairman, reported at the last meeting the Committee focused on their work plan for the year which consists primarily of finishing up aspects of budget reorganization. RESOLUTION NO. 63 - AUTHORIZATION TO EXECUTE AGREEMENT WITH CITY OF ITHACA, SALES TAX MOVED by Mr. Joseph, seconded by Ms. Blanchard, and unanimously adopted by voice vote. WHEREAS, the City of Ithaca and the County of Tompkins wish to extend their agreement with respect to the division and use of proceeds of the additional 1 cent sales tax first collected effective December 1, 1992, and WHEREAS, the City and the County agreed in their March 17, 1993, agreement on this subject to specify the use by the City of the proceeds of the sales tax for transit, youth, and human services 1) which the County provides only to persons who reside in towns and villages and 2) that the City provides to persons who reside in the towns and villages, now therefore be it RESOLVED, on recommendation of the Budget and Fiscal Policy Committee, That the County Administrator is authorized and directed to execute an agreement with the City of Ithaca with respect to division and use of proceeds of the additional 1 cent sales tax effective December 1, 1995 through November 30, 1997. SEQR ACTION: TYPE 11-15 RESOLUTION NO. 64 - AMENDMENT OF RESOLUTION NO. 28 OF 1994 AND RESOLUTION NO. 306 OF 1995 - CONTINUATION OF BUDGET REORGANIZATION ADVISORY COMMITTEE (Rescinded by Res. No. 114 of 1996) MOVED by Mr. Joseph, .seconded by Ms. Mink, and unanimously adopted by voice vote. WHEREAS, the Budget Reorganization Advisory Committee was created by Resolution No. 28 of February 15, 1994, and was designated to exist until December 31, 1995, and to recommend prior to that time whether to create a successor Budget Advisory Board, and WHEREAS, the Committee did provide recommendations in a timely way on its future existence and role, and WHEREAS, this Board extended the existence of the Committee through February 29, 1996, by Resolution No. 306 of 1995 in order to provide the Budget and Fiscal Policy Committee with additional time to make a recommendation to this Board, now therefore be it RESOLVED, on recommendation of the Budget and Fiscal Policy Committee, That Resolution No. 28 of 1994 is amended to change the termination date contained in the final RESOLVED of that resolution to December 31, 1996. SEQR ACTION: TYPE 11-15 Report from the Governmental Operations and Administration Committee Mr. Lane, Chairman, reported the Committee has not met since the last Board meeting. He said interviews will be held tomorrow with the proposers for insurance services, and a report will be made 69 March 5, 1996 back to the Board following that process. The next meeting will be March 11 at 3:30 p.m. in the Assessment Department Conference Room. Report and Appointment(s) from the Human Services and Human Resources Committee Mrs. Livesay, Chair had no report. The next meeting will be March 6 at noon. Appointment It was MOVED by Mrs. Livesay, seconded by Mr. Meskill, and unanimously adopted by voice vote, to appoint Joseph Schehr to the Tompkins County Youth Board representing the Town of Enfield for a term expiring December 31, 1998. Report and Appointment(s) from the Public Safety Committee Mr. Meskill, Chairman, reported on a trip he took with others to Albany for the purpose of testifying at an Assembly Hearing regarding emergency medical services. It is hoped these services can be streamlined and moved from the Department of Health to the Department of State. He stated the Committee has not met since the last Board meeting. A meeting with the Public Service Commission and NYNEX that was scheduled for March 7 for the purpose of negotiations was canceled due to the weather. Appointment It was MOVED by Mr. Meskill, seconded by Mr. Evans, and unanimously adopted by voice vote, to appoint Phil Arneson to the Fire, Disaster and EMS Advisory Board as the Town of Dryden Alternate Representative for a term expiring December 31, 1998. Report and Appointment(s) from the Planning, Community Development and Education Committee Mrs. Schuler, Chair, reported the Committee has not met since the last Board meeting. The next meeting will be March 12. The tour of the Dryden and Groton libraries will take place tomorrow and all Board members are invited to attend. Appointment(s) It was MOVED by Mrs. Schuler, seconded by Mr. Evans, and unanimously adopted by voice vote, to appoint David Kay to the Tompkins County Planning Federation representing the City of Ithaca for a term that is to be determined. Report and Presentation of Resolution(s) from the Solid Waste and Recycling Committee Mr. Todd, Chairman, reported the Committee met March 4 at 10 a.m. There was discussion with the City regarding their curbside contract, which the County has extended. He stated an offer was made to the City under the same terms as the bid contract outside the City. He said at the same time a bid proposal is being prepared for the City curbside collection of recyclable materials. Mr. Todd said the City is working closely with the County to prepare that bid. He reported the prices for the recyclable materials the County sells from the Recycling and Solid Waste Center are slowly improving and although they are behind the amount budgeted, they have been improving for two months in a row. He reported the legislation to put the Solid Waste Fee on the property tax bill was introduced in the State legislature today. 70 March 5, 1996 RESOLUTION NO. 65 - CREATION OF DATA COLLECTOR POSITION - SOLID WASTE (TEMPORARY) MOVED by Mr. Todd, seconded by Mr. Winch, and unanimously adopted by voice vote. WHEREAS, the Solid Waste Division of Public Works has determined they have the need for a temporary position to collect data used for the purpose of levying the Solid Waste Annual Fee, now therefore be it RESOLVED, on recommendation of the Solid Waste and Recycling Committee, That one position of Data Collector (7/525), labor grade G(7), competitive class be created effective April 1, 1996 through December 31, 1996, RESOLVED, further, That funds for this will be taken from the solid waste reserve fund and there will be no change in the budget. SEQR ACTION: TYPE II -15 Appointment It was MOVED by Mr. Todd, seconded by Mr. Proto, and unanimously adopted by voice vote, to appoint Representative Frank Proto to the Hillview Road Landfill Citizens Advisory Committee as the Town of Danby representative for a term expiring December 3, 1998. Report from the Transportation Services and Facilities Committee Ms. Blanchard, Chair, reported the Committee met on February 21 and heard a presentation from Taughannock Aviation and their design firm, Thomas Associates, on the three-phase development program. This will result in some very significant physical improvements to the area surrounding the Old Airport Terminal. The Committee also discussed the use of the Old Jail Conference Room, and has asked the County Administrator to come up with a draft policy for use of that room. A report was also given on the Adopt -a -Highway Program. Ms. Blanchard stated she would supply Board members with a copy of that Report. Ward Hungerford, Highway Manager, updated the Committee on the damage situation from the recent flood, and also gave a preliminary report on the close-out of the 1995 highway and snow fund. On either April 20 or 27, a bus tour will be taken in the County to see some of the flood damaged sites, as well as some of the highway and bridge projects that are hoped to be undertaken in 1996. Ms. Blanchard reported on highlights of the transit consolidation efforts that are underway. She stated there have been 1,553 entries in the Name -the -Bus Contest. She reported that along with Representatives Lane, Totman, and Public Works Commissioner William Mobbs, she attended the Municipal Officials Association meeting on February 29. They presented information on County Bridge Programs and goals for improvement. She said the cornerstone was laid for more discussion with the towns on how more can be done by working together on bridge projects. She reported James Schug, Town of Dryden Supervisor, is now President of the Municipal Officials Association. Ms. Blanchard stated Commissioner Mobbs also distributed some information to the mayors and supervisors about the Hazard Mitigation Grant Program, and said she has copies if any Board member is interested. She reported the Cornell University Local Roads Program is sponsoring a workshop on walkable and bikeable communities on April 22 and 23 at the Sheraton. The Committee will meet tomorrow at 8 a.m. with the Engineering Division to discuss Capital and other construction projects. Report from the Economic Development Committee 71 March 5, 1996 Ms. Mink, Chair, reported the Committee met last week. She stated Chairman Stein has announced the formation of the Economic Development Alliance, which will be a small group of people with experience in economic development. They represent a cross-section of interests, and will jump- start the process for developing a strategy for attaining the goals that the Committee sets in this area. The group will start with identifying some of the community goals that have been identified over the last couple of years, prepare a strategy to achieve them, and will also recommend a lead agency to help achieve those goals. The rest of the meeting was spent clarifying the County's commitment to the arts infrastructure in Tompkins County through the use of tourism development funds. This includes things such as the Clinton House TicketNisitor Center and regional marketing efforts. Report and Presentation of Resolution(s) from the Human Services Building Construction Committee Ms. Mink, Chair, reported the Committee will meet March 7 at 9 a.m. At that meeting the Committee will review preliminary building designs of floor plan layouts that have been generated over the past few weeks based on interviews with the occupants. A special meeting will be held on March 14 at 9 a.m. to discuss construction management, and to decide whether this will be done in-house, hired - out, or a combination of both. RESOLUTION NO. 66 - AUTHORIZATION TO CONDUCT A PUBLIC HEARING — PROPOSED ACQUISITION OF PROPERTY FOR THE COUNTY HUMAN SERVICES BUILDING AT WEST STATE AND WEST SENECA STREETS MOVED by Ms. Mink, seconded by Mr. Evans, and unanimously adopted by voice vote. RESOLVED, on recommendation of the Human Services Building Construction Committee, That the Board of Representatives conduct a public hearing pursuant to Section 201 of the Eminent Domain Procedure Law at the Tompkins County Courthouse on the 2nd day of April, 1996, at 5:30 o'clock in the evening thereof, RESOLVED, further, That the purpose of said hearing is to inform the public and to review the public use to be served by the proposed County Human Services Building at West State Street and West Seneca Street in the City of Ithaca and the impact on the environment and residents of the locality where said project will be constructed, RESOLVED, further, That pursuant to Section 202 of the Eminent Domain Procedure Law, the Clerk of the Board shall cause to be published at least ten days and not more than 30 days prior to said hearing a notice of same in at least five successive issues of the Ithaca Journal. SEQR ACTION: TYPE II -15 Report from the Electronic Future Committee Mr. Evans, Chairman, reported the Committee met February 23 and will meet again on March 8. The Committee discussed how the Committee's message should be delivered to the community. Eric Lerner, Member of the Committee, will take the lead in speaking to various municipalities and other governmental organizations. Mr. Lerner will also be speaking at the IthacaNet Conference on March 16. Mr. Evans said the student project on the demand side, which will likely propose, possible organizational structures, and will look at candidate budgets to implement such a project, is underway and is expected to produce very positive results. Report from the Leadership Council 72 March 5, 1996 Ms. Mink, Chair, reported the Committee will meet March 7 at 1 p.m. She reported the County Board has had two very productive retreats and has worked on drafting a vision and mission statement. Policy goals are being worked on at this time to help realize that vision. A third session will be scheduled next month for the purpose of finalizing those goals and to get input from those effected by them. Report from the Public Information Committee Mr. Joseph, Member, reported the Committee is working on the next edition of the County News. It will feature as its main item, a written version of the presentations given by Department Heads on the potential impact of the State Budget (as presented to the Board on February 29). The County News is scheduled for publication on March 21. He also asked for a Board member to volunteer to write the next monthly column in the Ithaca Journal. Report from the Rural Affairs Committee Mr. Proto, Chairman, reported the Committee has not met. He said he continues to work on the Committee's report. He said a report was given by Charles Schlough at the Municipal Officials Association meeting on what the impact of agriculture is in Tompkins County. He said it has an impact in the County of approximately $50 million per year. He reported a meeting will be held on Thursday at Cooperative Extension with Eric Lerner in his new capacity at CARDI to discuss ways he can outreach into the rural areas of the community. Mr. Proto also reported on a meeting that was held at the Caroline School that was sponsored by the New York State Department of Environmental Conservation regarding the future use of forests in Tompkins County. Report from the Charter Review Committee Mr. Lane, Chairman, reported the Committee met last Tuesday and is working towards their report. The Committee met with Cathy Covert, Clerk of the Board, and discussed staffing levels in the Board Office, as well as facilities for Board members. The next meeting will be March 12 at 3:15 p.m. in the Old Jail Conference Room. Mr. Lane requested Committee members to complete and return to him the handouts from Henry Morris. Approval of Minutes of February 20, 1996 It was MOVED by Mr. Proto, seconded by Mr. Evans, to approve the minutes of February 20, 1996. It was MOVED by Ms. Kiefer, seconded by Ms. Davis, to amend the minutes with the changes submitted by Representative Kiefer. A voice vote on the amendments resulted as follows: Ayes - 14, Noes - 1 (Representative Meskill). The minutes, as amended, were unanimously approved by voice vote. Executive Session It was MOVED by Mr. Meskill, seconded by Mr. Evans, and unanimously adopted by voice vote, to enter into executive session at 7:15 p.m. to discuss contract negotiations. The meeting returned to open session at 8:50 p.m. Adjournment On motion the meeting adjourned at 8:50 p.m. 73 March 19, 1996 Regular Meeting Called to Order Vice Chair Mink called the meeting to order at 5:30 p.m. Pledge of Allegiance to the Flag and Roll Call of Members Members and guests participated in the Pledge of Allegiance to the Flag. Present: 14 Representatives; Excused: 1 (Chairman Stein). Privilege of the Floor by the Public Cheryl Nelson, resident of Newfield and Tompkins County employee, spoke concerning the proposed motorcycle policy, and said she is pleased with the outcome (the resolution was defeated by department heads and the Governmental Operations and Administration Committee recently). She feels the arguments supporting and opposing the policy were well presented. Iretta Ellis, Locke resident and Tompkins County employee, also spoke concerning the proposed motorcycle policy. She said she is also grateful the policy was defeated before reaching the Board. She said she drives a four-wheel drive vehicle to work in the winter and a motorcycle in the summer. She also drives her personal vehicle frequently on County business. Privilege of the Floor by Board Members Ms. Blanchard, District No. 1 Representative, spoke concerning contracting with Tompkins County. She stated it is very easy to contract with the County; one should contact the Contracts Coordinator or if relating to public works, the Public Works Administrator. Ms. Blanchard asked that this information be placed on the channel 53 bulletin board. Mr. Lane, District No. 14 Representative, stated today is election day and urged residents of the villages in Tompkins County, excluding Lansing, to exercise their rights and vote. Mr. Meskill, District No. 15 Representative, congratulated the Trumansburg High School Basketball team for their fantastic season. Mr. Meskill also reported on the 175th Anniversary of Enfield celebration he attended this past Saturday. Ms. Kiefer, District No. 10 Representative, spoke concerning deregulation of the electric utility industry and what it will mean for rates and reliability. She announced that the League of Women Voters will be sponsoring a speaker at the Women's Community Building on March 25. She said David Wooley who is the Executive Director and Professor of Law at Pace University will give a speech on "Electric Power, Pollution, and Deregulation: The Future of the Electric Services Industry in New York. She said everyone is welcome. Mr. Proto, District No. 7 Representative, reported on Saturday the Brooktondale Fire Department celebrated their 50th Anniversary of being a volunteer fire department in the County. Mr. Proto expressed how important these volunteer fire departments are to the rural residents of Tompkins County. Mr. Proto also congratulated Cornell University for taking the ECAC Championship in Hockey this past weekend. 74 March 19, 1996 Ms. Mink, District No. 5 Representative, spoke concerning an article that appeared in yesterday's newspaper. The article stated Ms. Mink spoke at the Internet Conference and said that computer networks are as important as roads and bridges use to be. Ms. Mink clarified what she actually said at the conference. She said the electronic infrastructure has become a prime consideration, as important as roads and bridges use to be, when attracting companies to Tompkins County. Addition of Resolution(s) to the Agenda On motion of the appropriate committee chair and duly seconded and unanimously adopted by voice vote by members present, the following resolutions were added to the agenda: Authorization to Sign Federal Emergency Management Agency (FEMA) Application for Funding for Virgil Creek Flood Control Project and Amendment of 1996 Capital Program A Resolution Authorizing the Issuance of $10,716,000 Serial Bonds of the County of Tompkins, New York, to Pay the Cost of the Acquisition of Land for County Use and the Construction on a Portion Thereof of a New Human Services Building and Parking Therefor, in and for the County of Tompkins, New York Human Services Building Construction Phase Professional Services Authorization to Execute Contract Addendum - Thomas Associates Increasing Salaries and Salary Schedule, Management Employees (this resolution was added to the agenda following executive session) Withdrawal of Resolution(s) from the Agenda Vice Chair Mink gave the appropriate committee chair permission to withdraw the following resolution from the agenda: Adoption of County Logo Chair's Report and Appointments Ms. Mink, Vice Chair, had no report. Appointments Ms. Mink made the following appointments: Personal Emergency Response Service Advisory Board Terms expire December 31, 1997 David Wall - Village of Cayuga Heights Representative Marilyn Kinner - Senior Citizens Council Representative Human Services Building Construction Committee Barbara Blanchard - Vice Chair Report from the County Administrator Mr. Heyman reported the Governor has revised his budget submission to the State Legislature. He stated his office has received a summary from the New York State Association of Counties on how the changes will impact counties. 75 March 19, 1996 Report from the County Attorney Mr. Theisen had no report. Report from the Finance Director Mr. Squires reported he conducted the auction of tax foreclosure properties yesterday. He said 23 parcels were listed and bids were received on 16 of them. It appears if all of these bids come through the County will recover approximately two-thirds of the outstanding taxes. Mr. Squires also reported in order to be in compliance with the new Article 11 procedures, a new tax collection system has been installed. He said there is now a shorter period for delinquency for commercial properties. He said letters were mailed this week to owners of delinquent commercial properties dating back to January 1, 1995 to inform them of this change and that the County will be proceeding with foreclosure proceedings of 1995 tax parcels as early as October of this year. Resolution(s) Approved Under the. Consent Agenda RESOLUTION NO. 67 - TO AMEND RESOLUTION NO. 30 OF 1996: CONTINUATION AND REVISIONS TO AGRICULTURAL DISTRICT NO. 1 MOVED by Mr. Evans, seconded by Mr. Meskill, and unanimously adopted by voice vote by members present under the consent agenda. WHEREAS, the attached list of parcels amends the previous list of those parcels recommended for addition and deletion, now therefore be it RESOLVED, on recommendation of the Health and Environmental Quality Committee, That the newly reviewed and amended boundaries of Agricultural District No. 1 be approved and that the District be continued. SEQR ACTION: TYPE II -15 ATTACHMENT: TOMPKINS COUNTY AGRICULTURAL DISTRICT REVIEW AMENDMENT, MARCH 1996 Additional Parcels to be Removed from Agricultural District No. 1 Tax Parcel Number LA,25-1-26.1 LA,25-1-26.2 LA,25-1-26.3 LA,25-1-26.4 LA,25-1-26.5 LA,25-1-26.6 LA,15-1-28.2 LA,15-1-30.52 LA,15-1-30.62 LA,23-1-18 RESOLUTION NO. 68 - AUTHORIZATION TO INCREASE PETTY CASH ACCOUNT - DEPARTMENT OF SOCIAL SERVICES MOVED by Mr. Evans, seconded by Mr. Meskill, and unanimously adopted by voice vote by members present under the consent agenda. WHEREAS, the Department of Social Services maintains a petty cash account in the amount of $350 in order to make authorized purchases for transportation or to vendors who do not accept County purchase orders, and 76 March 19, 1996 WHEREAS, the petty cash account is routinely depleted before it can be replenished due to the bi-weekly payment cycle implemented by the Finance Department, now therefore be it RESOLVED, on recommendation of the Human Services and Human Resources Committee, That the Department of Social Services petty cash account limit be raised to $500 effective immediately. SEQR ACTION: TYPE II -15 RESOLUTION NO. 69 - AUTHORIZATION TO CONTRACT WITH METROPOLITAN NURSING SERVICES FOR THE PROVISION OF PERSONAL CARE AND HOUSEKEEPING/CHORE SERVICES MOVED by Mr. Evans, seconded by Mr. Meskill, and unanimously adopted by voice vote by members present under the consent agenda. WHEREAS, the Tompkins County Office for the Aging (COFA) has been provided funding from the County and from the New York State Office for the Aging to carry out the Expanded In-home Services to the Elderly Program (EISEP), and WHEREAS, Metropolitan Nursing Services is a licensed agency qualified to provide personal care and housekeeping/chore services, now therefore be it RESOLVED, on recommendation of the Human Services and Human Resources Committee, That the County Administrator or his designee is authorized to execute a new contract between COFA and Metropolitan Nursing Services to provide personal care and housekeeping/chore services for the period of March 1, 1996 through March 31, 1997. SEQR ACTION: TYPE 1I-15 RESOLUTION NO. 70 - AUTHORIZATION TO APPLY FOR SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT ON BEHALF OF THE TOWN OF ITHACA MOVED by Mr. Evans, seconded by Mr. Meskill, and unanimously adopted by voice vote by members present under the consent agenda. WHEREAS, Tompkins County has an on-going Small Cities Community Development Block Grant program to assist the County and local municipalities, and WHEREAS, the County has established a Revolving Loan Fund to assist in the economic development of the County, and WHEREAS, the County has been working with the Town of Ithaca on a project to assist Axiohm IPD (Ithaca Printer Division), an industry in the Town, which requires this assistance in order to complete an expansion project, and WHEREAS, having the County apply on behalf of the Town of Ithaca is the only way to ensure one revolving loan fund for economic development, now therefore be it RESOLVED, on recommendation of the Planning, Community Development and Education Committee, That the County be authorized to apply on behalf of the Town of Ithaca for up to $1.8 million for three years for economic development through the Small Cities Community Development Block Grant, RESOLVED, further, That the County Administrator or his designee be authorized to sign any documents necessary for the submission of this application. SEQR ACTION: TYPE II -15 77 March 19, 1996 RESOLUTION NO. 71 - AIRPORT TERMINAL CONSTRUCTION MANAGEMENT SUPPLEMENTARY AGREEMENTS AND AUDIT OF FINAL PAYMENT MOVED by Mr. Evans, seconded by Mr. Meskill, and unanimously adopted by voice vote by members present under the consent agenda. WHEREAS, the original contract with Ciminelli-Cowper Co., Inc., for Construction Management Services on the Airport Terminal provided for a 13 month construction period for a fee of $371,200, and WHEREAS, Supplementary Agreement Number 1 requests a change to the Overhead Allowance for eighty-four percent (84%) to one hundred and twenty-one percent (121%) for a total of $58,359.84; but, with no increase in the total fee of $371,200, and WHEREAS, Supplementary Agreement Number 2 requests a three month extension in the construction period, which reflects the extension granted all contractors on the projects, for a total of $62,009 which increases the not to exceed fee to $433,209, now therefore be it RESOLVED, on recommendation of the Transportation Services and Facilities Committee, That the County Administrator is hereby authorized and directed to execute Supplementary Agreements Numbers 1 and 2 with Ciminelli-Cowper Co., Inc., which increases the not to exceed fee to $433,209, RESOLVED, further, 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 Co., Inc. 21 (Final) HU5610.9239 $49,330.19 RESOLVED, further, That the funding sources shall be as follows: New Expense FAA Share (90.0%) $43,267.10 NY State Share (NYSDOT) (5.0%) 2,403.72 Passenger Facility Charges (PFC's) (5.0%) 2,403.72 $48,074.54 Retainage $ 1,255..65 $49,330.19 RESOLVED, further, That the Finance Director be authorized to borrow monies if necessary, until reimbursement is received from the FAA, NYSDOT and PFC's. SEQR ACTION: TYPE II -15 RESOLUTION NO. 72 - AUTHORIZATION TO EXECUTE GENERIC CONTRACTS - PUBLIC WORKS MOVED by Mr. Evans, seconded by Mr. Meskill, and unanimously adopted by voice vote by members present under the consent agenda. WHEREAS, the Public Works Department, from time to time, needs to call upon outside service providers to perform work for the Department, now therefore be it RESOLVED, on recommendation of the Transportation Services and Facilities Committee, That the following list of service providers are approved for use, if needed, by the Public Works Department in 1996 and that funds to pay for said services are available in various divisional accounts within the department: 78 Vendor C&C Custom Sheet Metal Ryan Biggs Gee's Sheet Metal Bear Electric FLC Construction Ron Cornell Construction Al Bossard Ruston Paving Paolangelli Contractors J.D. Concrete Pumping Cayuga Landscaping Alarm Components Distributing, Inc. Sunstream Corporations Ace Security Butler Fence Bishop's Pete's Tire Service Wilson & Sons RMS Gravel Ber National William P. Fogarty Cummins NE Stellmack SEQR ACTION: TYPE 11-15 March 19, 1996 Service Provided HVAC repair and maintenance engineering services HVAC repair and maintenance electrical repairs excavation excavation excavation paving excavation concrete pumping landscaping alarm systems consultant hazardous materials remediation door/hardware sales and service fence installation & hardware carpet installation tire repair & replacement HVAC repair and maintenance delivery & placement of materials security gate repair heating system repair equipment repair refrigeration repair Withdrawal of Resolution(s) Not Requiring Board Action Vice Chair Mink gave the appropriate committee chair permission to withdraw the following resolution(s) with final committee action being affirmed: CA007-96 - Budget Adjustments - Various Departments Report and Presentation of Resolution(s) from the Governmental Operations and Administration Committee Mr. Lane, Chairman, reported the Committee met March 11. The Committee had a tour of the Assessment Department and received an overview by Donald Franklin, Assessment Director, on how the Department operates. Mr. Lane said the Committee intends to tour other County departments as well. The Committee also interviewed the firms of Sedgwick James and the Carey McKinney Group of Ithaca for claims management and insurance brokerage services. Mr. Lane said the proposals were well presented and noted the contract is for an amount exceeding $100,000, and the proposals came within $100 of each other. Although there was the hope that the County could contract with the local firm, the Committee recommended that the County continue with Sedgwick James. He said their past service has been very well praised by staff and the Committee felt this merited a continuation of their contract with Tompkins County. Mr. Lane said the Committee voted not to adopt the administrative policy in respect to motor vehicle operator qualifications. This was a proposal by the County that employees not be allowed to conduct business on a motorcycle. The Committee also discussed the worker's compensation pool and whether the County should open this up to towns, villages, and the City, as a possible cost -saver for them. He said staff has been asked to look into this further to find what the advantages and disadvantages would be of such a decision. 79 March 19, 1996 RESOLUTION NO. 73 - INCREASE IN HOURS OF POSITION, CONTRACTS COORDINATOR, DEPARTMENT OF ADMINISTRATION MOVED by Mr. Lane, seconded by Mr. Joseph. Mr. Meskill expressed concern for increasing the hours of this position at this time rather then during the budget season. He also said there has been a great deal of work spent in developing a contract policy that is intended to save time and money. He said he has been told this person will be moving into other areas relating to risk reduction and risk management. Ms. Kiefer said she shares the concerns with trying to make these changes during the budget season, and stated she will support this resolution because it is being proposed on a temporary basis to see if the added responsibilities this person will undertake will save the County money. Mr. Lane stated the Committee had some of the same concerns that have been expressed, and felt making this temporary would allow them to see if after six months, the savings would justify the additional hours. Mr. Proto said he will support this resolution because it is for a fixed time period. He said his general concern with increasing hours is because it is an indirect way of raising someone's salary. Mr. Meskill asked if the Board would receive a report on the effectiveness of increasing the hours of this position prior to a resolution being proposed to continue the increase. A voice vote resulted as follows: Ayes - 12; Noes - 2 (Representatives Meskill and Totman); Excused - 1 (Chairman Stein). RESOLUTION ADOPTED. WHEREAS, the County Administrator has recommended that additional time be devoted to administrative follow-through on reported incidents and accidents so that operational procedures can be reviewed and improved, resulting in fewer claims and lower payments from both the workers' compensation and the self-insurance reserve funds, now therefore be it RESOLVED, on recommendation of the Governmental Operations and Administration Committee, That the position of Contracts Coordinator (63/338) competitive class be increased from 35.0 to 40.0 hours per week effective March 19, 1996 through September 17, 1996, RESOLVED, further, That the Committee shall review the results of this change by September, 1996, and shall determine whether to recommend that this change shall continue after that time based on the projected savings that have been realized, RESOLVED, further, That no additional funding is needed for this change. SEQR ACTION: TYPE II -15 RESOLUTION NO. 74 - INCREASE IN HOURS OF POSITION - DIRECTOR OF ASSESSMENT MOVED by Mr. Lane, seconded by Mrs. Livesay. Mr. Meskill said he feels this resolution should be done on a six month temporary basis. Mr. Lane said this is one of the last department heads who are not at 40 hours, and one reason for the increase is to bring it in line with other departments with the same amount of responsibility. There was discussion concerning bringing all department heads to a 40 hour work week. Following a lengthy discussion, it was MOVED by Ms. Kiefer, seconded by Mr. Meskill, to separate the resolution into two resolutions, with one resolution to say the present Assessment Director will be retiring July 1 and an increase in his hours to 40 through the date of his retirement, and the second to make the increase permanent. A show of hands vote resulted as follows: Ayes - 7 (Representatives Blanchard, Kiefer, Meskill, Proto, Schuler, Totman, and Todd); Noes - 7 (Representatives Davis, Evans, Joseph, Lane, Livesay, Winch, and Mink); Excused - 1 (Chairman Stein). MOTION FAILED. A voice vote on the resolution, with the explanation accepted as a friendly amendment, resulted as follows: Ayes - 9; Noes - 5 (Representatives Meskill, Proto, Schuler, Todd, and Totman); Excused - 1 (Chairman Stein). RESOLUTION ADOPTED. 80 March 19, 1996 WHEREAS, the Director of Assessment has announced his intention to retire from his position in June, and WHEREAS, these additional hours are needed now to provide training to Department staff in all of those areas that have been handled exclusively by the Director, now therefore be it RESOLVED, on recommendation of the Governmental Operations and Administration Committee, That the position of Director of Assessment (90/244) competitive class be increased effective immediately from 35 to 40 hours per week, RESOLVED, further, That no additional funding is needed for this change. SEQR ACTION: TYPE II -15 RESOLUTION NO. 75 - AUTHORIZATION TO EXECUTE AGREEMENT, CLAIMS MANAGEMENT AND INSURANCE BROKERAGE SERVICES MOVED by Mr. Lane, seconded by Mrs. Livesay. There was concern expressed by some members of the Board that since the proposals submitted were so close that a decision to contract with a local firm was preferred. Following discussion, a voice vote on the resolution resulted as follows: Ayes - 10; Noes - 4 (Representatives Meskill, Proto, Todd, and Totman); Excused - 1 (Chairman Stein). RESOLUTION ADOPTED. WHEREAS, the County Administrator issued a request for proposals to provide claims management and insurance brokerage services and all proposals have been fully reviewed and evaluated, now therefore be it RESOLVED, on recommendation of the Governmental Operations and Administration Committee, That the County Administrator is authorized and directed to execute an agreement with Sedgwick James of New York to provide claims management and insurance brokerage services for the period 1996 - 1998 for a sum not to exceed $102,600. SEQR ACTION: TYPE 11-15 RESOLUTION NO. 76 - DELETION OF ADMINISTRATIVE POLICIES 06-07, BIDDING PROCEDURES, AND 06-11, PROCUREMENT PROCEDURES FOR ITEMS UNDER BID LIMITS, AND ADOPTION OF ADMINISTRATIVE POLICY 06-07, PROCUREMENT MOVED by Mr. Lane, seconded by Mr. Evans. Mr. Lane added the following wording to the policy: After the third paragraph, insert the following language: The Director of Finance and the County Administrator shall, after consultation with affected departments, determine how often to seek new proposals to provide professional services. Program committees may opt to approve this determination. Mr. Meskill requested in order to be consistent with other policies, that the County Administrator's title be removed from this policy. It was MOVED by Mr. Meskill, seconded by Mr. Totman, to delete the wording "and the County Administrator". A voice vote resulted as follows on the amendment: Ayes - 8; Noes - 6 (Representatives Davis, Joseph, Livesay, Mink, Schuler, and Winch); Excused - 1 (Chairman Stein). MOTION CARRIED. The resolution was then approved unanimously by voice vote by members present. RESOLVED, on recommendation of the Governmental Operations and Administration Committee, That Administrative Policies 06-07, Bidding Procedures, and 06-11, Procurement Procedures for Items under Bid Limits are hereby deleted in their entirety and Administrative Policy 06-07, Procurement, is hereby adopted. SEQR ACTION: TYPE 11-15 81 March 19, 1996 RESOLUTION NO. 77 - AMENDING THE RULES OF THE BOARD OF REPRESENTATIVES MOVED by Mr. Lane, seconded by Mr. Proto. Ms. Kiefer asked that the Governmental Operations and Administration Committee consider changing the current practice of not recording actions in the minutes taken by Committees to appoint individuals to advisory boards. A voice vote resulted as follows: Ayes - 13, Noes - 1 (Representative Proto); Excused - 1 (Chairman Stein). RESOLUTION ADOPTED. WHEREAS, appointments of persons to advisory boards, commissions, councils, etc. are introduced by committee chairs individually, and WHEREAS, the Board of Representatives wishes to appoint all individuals to advisory boards, commissions, councils, etc. under the Consent Agenda, now therefore be it RESOLVED, on recommendation of the Governmental Operations and Administration Committee, That the Rules of the Board of Representatives are hereby amended to include all appointments to advisory boards, commissions, councils, etc. in the Consent Agenda, SEQR ACTION: TYPE II -15 Report and Presentation of Resolution(s) from the Transportation Services and Facilities Committee Ms. Blanchard, Chair, reported the Committee has met and put the project to install the elevator in the Mental Health Building in motion. The Committee asked Jim Kazda to design a matrix to show the relationship between the County purchasing and procurement policies now in use. She said they are looking to reduce the number of committee actions that are required for some of the smaller projects. She said the Committee also reviewed a schedule for the ADA (Americans with Disabilities) work in progress. She reported the Airport Manager has informed the Committee that emplanements were up for the month of February. Ms. Blanchard said she attended a workshop last week on sustainable growth, and that she is willing to loan out the materials she received at that workshop to any interested Board member. The next regular meeting will be tomorrow at 8 a.m. RESOLUTION NO. 78 - AWARD DESIGN CONTRACT - MENTAL HEALTH BUILDING SECOND ELEVATOR MOVED by Ms. Blanchard, seconded by Mr. Lane, and unanimously adopted by voice vote by members present. WHEREAS, Hascup-Lorenzini Architects of Ithaca, New York, are the designers of record for the Mental Health Building, and WHEREAS, a proposal was received from Hascup-Lorenzini Architects on February 1, 1996, for design and construction services for the installation of a new (second) traction elevator for a fixed sum of $15,000, now therefore be it RESOLVED, on recommendation of the Transportation Services and Facilities Committee, That the County Administrator is hereby directed to execute an agreement with Hascup-Lorenzini Architects for a fee not to exceed $15,000, and that funds are available in the Capital Program account for the project, RESOLVED, further, That the County Administrator is hereby directed to execute change orders up to ten (10) percent of the contract total and that a budget of $10,000 be established for change orders, miscellaneous expenses and staff services. SEQR ACTION: TYPE II -15 82 March 19, 1996 RESOLUTION NO. 79 - AWARD OF CONTRACT - LIBRARY FEASIBILITY STUDY TOMPKINS COUNTY PUBLIC LIBRARY MOVED by Ms. Blanchard, seconded by Mrs. Schuler, and unanimously adopted by voice vote by members present. WHEREAS, the 1996 Capital Program provides funding for the renovation of the Tompkins County Public Library, and WHEREAS, an important component of this project is to conduct not only an evaluation of the existing building but to obtain solutions to enhance Library functions, and WHEREAS, an RFP was issued for services to conduct a feasibility study on the Tompkins County Public Library, resulting in the receipt of four proposals, now therefore be it RESOLVED, on the recommendation of the Library Feasibility Committee and Transportation Services and Facilities Committee, That the County Administrator be authorized to execute a contract with Aaron Cohen Associates Ltd. of Croton -on -Hudson, New York in the amount of $29,990 and that funds are available in Capital Project Account HB1641.9239 to provide such services. SEQR ACTION: TYPE II -15 Report and Presentation of Resolution(s) from the Human Services Building Construction Committee Ms. Blanchard, Vice Chair, reported the Committee met today and continues to work on special relationships within the building envelope of the building. The Committee has been working to resolve some program issues that are related to the budget and building space and is working on how to make a big leap into the electronic data management world versus the world of paper files. She said a number of activities are underway in relation to site consolidation and the acquisition process. She said surveys are completed, and appraisals and negotiations are underway. Ms. Blanchard reported a subcommittee has met with the City's design firm of Trowbridge and Wolf for a review of the improvements to the entire West State Street Corridor. RESOLUTION NO. 80 - A RESOLUTION AUTHORIZING THE ISSUANCE OF $10,716,000 SERIAL BONDS OF THE COUNTY OF TOMPKINS, NEW YORK, TO PAY THE COST OF THE ACQUISITION OF LAND FOR COUNTY USE AND THE CONSTRUCTION ON A PORTION THEREOF OF A NEW HUMAN SERVICES BUILDING AND PARKING THEREFOR, IN AND FOR THE COUNTY OF TOMPKINS, NEW YORK MOVED by Ms. Blanchard, seconded by Mr. Joseph. A roll call vote resulted as follows: Ayes - 11; Noes - 3 (Representatives Proto, Todd, and Totman); Excused - 1 (Chairman Stein). RESOLUTION ADOPTED. WHEREAS, the capital project hereinafter described has been determined to be an Unlisted Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, the implementation of which as proposed, the Board of Representatives will review under State Environmental Quality Review prior to design and construction as stated in Resolution No. 286 of 1995, and WHEREAS, it is now desired to authorize the financing of such capital project; NOW, THEREFORE BE IT RESOLVED, by the Board of Representatives of the County of Tompkins, New York, as follows: 83 March 19, 1996 Section 1. For the specific object or purpose of paying the cost of the acquisition of parcels of land located at 318-322 and 324-328 West State Street, and 311, 313, 315, 317-319, 323, 325 and 325V2 West Seneca Street (Tax Map Parcel Nos. 71-2-3, 4, 5, 6, 7, 8, 9, 16 and 17) in Ithaca, New York, for County purposes and the construction on a portion thereof of a new human services building and the acquisition of parcels of land and the parking lots located thereon located at 201 West Seneca Street (Tax Map No. 71-3-1) and 104 North Geneva Street (Tax Map No. 71-3-6) for use as parking lots for said new human services building, including original furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, all in and for the County of Tompkins, New York, there are hereby authorized to be issued $10,716,000 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 specific object or purpose is $10,716,000 and that the plan for the financing thereof is by the issuance of the $10,716,000 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 specific object or purpose is thirty years, pursuant to subdivision 94 of paragraph a of Section 11.00 of the Local Finance Law, the acquisition of land having a period of probable usefulness of thirty years pursuant to subdivision 20(a), and the construction of said building having a period of probable usefulness of thirty years, pursuant to subdivision 11(a)(1), each 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 Finance Director, 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 Finance Director, 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 Finance Director and a facsimile of the corporate seal shall be imprinted or impressed thereon and may be 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 Finance Director, 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 Finance Director 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 determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, 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 Finance Director 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 Finance Director. 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 84 March 19, 1996 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 Finance Director 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 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 Sections 1.150 - 2. 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 the official newspaper of such County, 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, and upon adoption Bond Resolution No. 307 of 1995 shall be superseded. SEQR ACTION: TYPE II -15 RESOLUTION NO. 81 - HUMAN SERVICES BUILDING CONSTRUCTION PHASE PROFESSIONAL SERVICES AUTHORIZATION TO EXECUTE CONTRACT ADDENDUM - THOMAS ASSOCIATES MOVED by Ms. Blanchard, seconded by Mrs. Schuler. Mr. Proto said this is the first change to the contract, and he would like the Finance Director to set up a chart of accounts so that any Board member may call him at any time and ask how much has been spent to date on the Human Services Building downtown. Mr. Squires assured him he would be able to have this information at any time he requested it. Mr. Winch said William Mobbs, Commissioner of Public Works, has been trying for several years to train staff to be able to perform construction management services and commended the Department for their work. A voice vote on the resolution resulted as follows: Ayes - 13, Noes - 1 (Representative Proto); Excused -1 (Chairman Stein). RESOLUTION ADOPTED. WHEREAS, the Human Services Building Construction Committee heard a presentation on four options of providing professional services during construction: 1. An independent Construction Management firm, 2. Entire construction phase services provided by the architect, 3. Joint effort of the architect and County staff, and 4. Entire construction phase services provided by County staff, and WHEREAS, the Human Services Building Construction Committee decided that the best and most cost effective way to provide the necessary construction phase professional services is through a joint effort of the architect and existing County Engineering Division staff, now therefore be it RESOLVED, on recommendation of the Human Services Building Construction Committee, That the County Administrator is hereby authorized and directed to execute Addendum 1 to the agreement with Thomas Associates Architects and Engineers, P.C. in the amount of $258,500, RESOLVED, further, That the County Administrator is authorized to execute Change Orders up to $25,850 of the contracted amount and funds are available in Account No. HC1620.9239. SEQR ACTION: TYPE 11-15 Report. Presentation of Resolutions. and Appointments from the Planning, Community Development and Education Committee 85 March 19, 1996 Mrs. Schuler, Chair, reported the Committee met March 12 and resolutions are reflected on the agenda. She said a presentation was given by Paul Bonaparte -Krogh, Executive Director of Cooperative Extension, on community links. It will be assisting rural communities and schools. She said the Committee visited the rural libraries in Dryden and Groton. At that meeting the Committee also had a report by the Biggs A subcommittee. She said there was also discussion on the SEQRA workshop to be held tomorrow evening. She said that workshop will be videotaped. Mrs. Schuler encouraged Board members to participate in the Tompkins County Public Library's Read Aloud Program on April 17. RESOLUTION NO. 82 AUTHORIZATION TO SIGN FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) APPLICATION FOR FUNDING FOR VIRGIL CREEK FLOOD CONTROL PROJECT AND AMENDMENT OF 1996 CAPITAL PROGRAM MOVED by Mrs. Schuler, seconded by Mr. Lane. Ms. Kiefer expressed concern that by making it clear that we are willing to pay, the Federal government may decide they are not going to give us the full funding, and asked for assurance this would not happen. Mr. Lane said this is a concern that has been raised in every stage this resolution has been discussed. He said the meetings with the FEMA representatives it was made clear to them that none of the involved entities have the funds to pay for this 25 percent at this point. He said the goal is to obtain public law 566 money, which is what has been promised from the beginning of the project and equal to 100 percent of the construction cost. A voice vote on the resolution resulted as follows: Ayes - 14, Noes — 0, Excused - 1 (Chairman Stein). RESOLUTION ADOPTED. WHEREAS, Tompkins County, the Town of Dryden and the Village of Dryden have jointly pursued the construction of a flood control dam on Virgil Creek, and WHEREAS, all land rights and various permits have been acquired or are in final review in anticipation that the Natural Resources Conservation Services would begin construction this year, and WHEREAS, the Congress has not appropriated sufficient funds for the project to be wholly funded by the Natural Resources Conservation Service in this construction season, and WHEREAS, with the recent January flooding, Tompkins County has become eligible for hazard mitigation monies from the Federal Emergency Management Agency (FEMA), and WHEREAS, the application for these funds must be completed by March 31, 1996, and must show a commitment of twenty-five percent (25%) of the project cost (estimated total of $4.6 million) to be funded as the local share, and WHEREAS, there is currently an insufficient authorization of funds in the Capital Program to cover the local share, now therefore be it RESOLVED, on recommendation of the Planning, Community Development and Education Committee and the Capital Program Committee, That the Chairman of the Board of Representatives is authorized to sign a letter of intent which commits to the local share cost (25% of the total cost), subject to the Town of Dryden and the Village of Dryden providing binding agreements to provide equal shares of the local share, RESOLVED, further, That the Virgil Creek Flood Control project be amended to authorize expenditures up to $1.2 million in additional funds ($400,000 of which is County obligation) pending agreement by the Town of Dryden and the Village of Dryden to provide equal shares; approval of the project application; and on-going negotiations with the Natural Resources Conservation Service to provide additional funding for the project. SEQR ACTION: TYPE I-6 AND TYPE I-8 SEQR review for the project completed under NEPA in 1989. No further review required. Review also conducted under the Agriculture District Law and approved in 1995. Appointment 86 March 19, 1996 It was MOVED by Mrs. Schuler, seconded by Mr. Meskill, and unanimously adopted by voice vote by members present, to appoint Robert Brown to the Tompkins County Planning Federation representing the Village of Trumansburg for a term that is to be determined. Report and Appointment(s) from the Health and Environmental Quality Committee Mr. Evans, Chairman, reported the Committee has not met since the last Board meeting. The next meeting will be March 28 in the Old Jail Conference Room. Appointments It was MOVED by Mr. Evans, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, to appoint Dr. Kilgore as the County Medical Examiner. It was MOVED by Mr. Evans, seconded by Ms. Blanchard, and unanimously adopted by voice vote by members present, to appoint Barbara Ebert to the Environmental Management Council as a City of Ithaca representative for a term expiring December 31, 1997. Report from the Budget and Fiscal Policy Committee Mr. Joseph, Chairman, reported at the last Committee meeting, the Work Plan was approved. The Committee will be discussing the rollover policy at the next meeting on March 26 at noon. Report from the Human Services and Human Resources Committee Mrs. Livesay, Chair, reported the Committee met March 6. At that meeting the food pantry representatives gave the Committee an update on their activities and made a request to use 1994 and 1995 left over funds. There was also a report given by the Director of Neighborhood Legal Services on what the reductions look like in their services and concerns they have. The Committee gave approval to the Department of Social Services for the guiding principles they have developed. Mrs. Livesay says she has asked Commissioner Dolan to prepare a presentation for the Committee on services for children at risk, including how the Child Protective Services operates. She gave the Board a report on Medicaid transportation costs and said the costs went from $425,000 in 1994 to $310,000 in 1995 from changes that have been made and said the Medicaid Transportation Task Force should be credited. Mrs. Livesay said the next meeting will be March 29 from 9-11 in the Old Jail Conference Room. At that meeting there will be a presentation given on affirmative action by Valerie Hayes who is the Director of Equal Opportunity at Cornell University and a member of the Affirmative Action Advisory Committee. The next Committee meeting will be April 3 at noon. Mrs. Livesay requested an executive session to discuss management negotiations. Report, Presentation of Resolutions, and Appointment(s) from the Public Safety Committee Mr. Meskill, Chairman, reported the State Legislature is moving towards reducing some of the administration in the regional areas relating to the way emergency medical services are structured. Mr. Meskill reported on DWI statistics and stated the number of DWI arrests in the County for 1995 over 1994 were up by 90, and the percentage for DWI's done on a proactive basis versus a crash basis were up. He said the Dryden Police Department has increased their DWI arrest over 100 percent from 9 in 1994 to 22 in 1995. The Ithaca Police Department increased their arrests from 127 in 1994 to 225 in 1995. Mr. Meskill said he has received a letter from the Finger Lakes Park Director commending Jack Miller, Fire, Disaster and EMS Coordinator, for his cooperation in moving antennas around on Connecticut Hill to assist the Parks Commission so that they regain some of their lost communication ability. He stated last Friday the meeting to discuss E911 with the Public Service Commission and NYNEX was held. He said it was an interesting meeting with all issues brought forth; however, more work and discussions are necessary. 87 March 19, 1996 RESOLUTION NO. 83 - AUTHORIZING CHANGE IN COURT ATTENDANTS REIMBURSEMENT FROM PER DIEM TO HOURLY RATE MOVED by Mr. Meskill, seconded by Ms. Kiefer. A short roll call vote resulted as follows: Ayes - 14, Noes — 0, Excused - 1 (Chairman Stein). RESOLUTION ADOPTED. WHEREAS, the New York State Unified Court System and the Office of Supreme and County Court Clerks recommend changing the Court Attendant's pay from per diem to hourly, and WHEREAS, it is recommended that regular Court Attendants be reimbursed at the rate of $5.90 per hour and where extra responsibilities are warranted such as assignment to magnetometer support, Family Court calendars, and courtroom coordination duties Court Attendants are authorized to receive $6.90 per hour, and WHEREAS, a minimum of one hour's pay will be paid to any Court Attendant reporting for duty and time -and -one-half rates will be paid for over forty hours per week, now therefore be it RESOLVED, on recommendation of the Public Safety Committee, That the Board of Representatives authorizes changing the Court Attendants pay from per diem to hourly effective April 1, 1996. SEQR ACTION: TYPE II -15 Appointment(s) It was MOVED by Mr. Meskill, seconded by Mrs. Schuler, to approve the following appointments to the Criminal Justice Advisory/Alternatives to Incarceration Board: Bobbi Smith - At -large representative for a term expiring December 31, 1996 David Barnes - City Police representative for a term expiring December 31, 1996 A voice vote on these appointments resulted as follows: Ayes - 13, Noes - 1 (Representative Winch), Excused - 1 (Chairman Stein). RESOLUTION ADOPTED. It was MOVED by Mr. Meskill, seconded by Ms. Blanchard, to approve the following appointment to the E911 Operations Committee: David Barnes - City Police representative with no set term A voice vote on these appointments resulted as follows: Ayes - 13, Noes - 1 (Representative Winch), Excused - 1 (Chairman Stein). RESOLUTION ADOPTED. It was MOVED by Mr. Meskill, seconded by Mr. Proto, to approve the following appointments to the Advisory Board on Indigent Representation: Margaret McCarthy for a term expiring December 31, 1998 Mark Solomon for a term expiring December 31, 1998 A voice vote on these appointments resulted as follows: Ayes - 12, Noes - 2 (Representatives Totman and Winch), Excused - 1 (Chairman Stein). RESOLUTION ADOPTED. Mr. Winch stated he takes very seriously the appointments the Board approves. He stated the advisory board members provide a valuable service to the Board and the information provided on the resume form give the Board information about the qualifications and desires of the individuals. Mr. Winch said he will not support the appointments because of individuals who have not properly completed their resume form. 88 March 19, 1996 Report from the Solid Waste and Recycling Committee Mr. Todd, Chairman, reported the Committee has not met since the last Board meeting. He stated a bid is expected back in mid-April on the closure procedure on the Hillview Road Landfill. He said the market for recyclable materials is steady and is still low but they believe it will be moving up slowly. He reported February was a record month at the Recycling and Solid Waste Center for taking in recallable materials by taking in over 1,200 tons. The next Committee meeting will be April 17 at 10 a.m. in the Old Jail Conference Room. Report from the Economic Development Committee Ms. Mink, Chair, reported the Committee has not met since the last Board meeting. Report from the Public Information Committee Mr. Joseph stated the microphones will work better in the Board room if they are horizontal. He reported Mrs. Livesay will be writing the next column in the Ithaca Journal. He said he withdrew the resolution to adopt the County Logo because he received feedback which indicated it would not pass. At this time the Board commented on the current proposal for a County Logo. Report from the Charter Review Committee Mr. Lane, Chairman, reported the Committee met this afternoon and is trying to finish some of the issues they have been working on and have also been discussing the committee structure in the County. Report from the Leadership Council Mr. Heyman, County Administrator, reported the Council met this afternoon and heard from Jackie Kippola, on behalf of the Contracts Team, on progress that has been made. He said the Council is continuing to work on a Work Plan for 1996. Report from the Rural Affairs Committee Mr. Proto, Chairman, reported a meeting will be scheduled in April to review a draft copy of the report. He announced a meeting of the Agricultural and Farmland Protection Board will be held tomorrow to review the report by Charles Schlough. Approval of Minutes of March 5, 1996 It was MOVED by Mr. Winch, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, to approve the minutes of March 5, 1996, as submitted. MINUTES APPROVED. Recess Vice Chair Mink declared recess at 8:06 p.m. The meeting reconvened at 8:13 p.m. Executive Session It was MOVED by Mr. Meskill, seconded by Mrs. Livesay, and unanimously adopted by voice vote by members present, to hold an executive session to discuss contract negotiations. An executive session was held at 8:13 p.m. and returned to open session at 8:34 p.m. 89 March 19, 1996 RESOLUTION NO. 84 - INCREASING SALARIES AND SALARY SCHEDULE, MANAGEMENT EMPLOYEES MOVED by Mrs. Livesay, seconded by Mrs. Schuler. Mr. Meskill asked that the record reflect his comments. He said he is opposed to imposing a wage settlement with the management group of employees at 2.25 percent. He does not feel the principles of PFQ are being practiced and feels the management group is being treated in an unfair manner. Ms. Davis said she is in favor of equity among Tompkins County employees. A roll call vote resulted as follows: Ayes - 11; Noes - 3 (Representatives Meskill, Todd, and Totman); Excused - 1 (Chairman Stein). RESOLUTION ADOPTED. RESOLVED, That the salaries and the salary schedule of the management employees of Tompkins County are hereby increased by 2.25% effective March 24, 1996. SEQR ACTION: TYPE II -15 Executive Session It was MOVED by Mr. Evans, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, to hold an executive session to discuss negotiations. An executive session was held at 8:39 p.m. and returned to open session at 8:57 p.m. Adjournment On motion, the meeting adjourned at 8:57 p.m. 90 April2, 1996 Regular Meeting Public Hearing - Proposed Human Services Building Vice Chair Mink called the public hearing to order at 5:30 p.m. concerning the following proposed project: To wit, the Tompkins County Human Services Building to be located on lands at West State Street and West Seneca Street with additional parking on North Geneva Street Known as City of Ithaca tax map parcel numbers 71-2-17, 71-2-16, 71-2-9, 71-2-8, 71-2-7, 71-2-6, 71-2-5, 71-3-1, 71-3-6, 71-2-3, 71-2-4, totaling approximately 0.8 acres. The purpose of the hearing is to inform the public and to review the proposed public use and the impact on the environment and residents of the locality where the Human Services Building will be constructed. Ms. Mink read from the following statement: Public Hearing on Eminent Domain Proceedings Tonight we will outline the purpose of the human services building project, the proposed location, and descriptions of property to be acquired. After that outline anyone here can present an oral or written statement about the proposed project. We will keep a record of the hearing, and copies will be available for you to see at the Board Office. The Board will vote on accepting the findings at its next meeting, April 16, and we will publish a synopsis of the determination and fmdings in the Ithaca Joumal. Purpose to be served by the Human Services Building The overall purpose of this project is to provide efficient and accessible human services in a centrally located site large enough to house departments that work together serving many of the same clients. These include the Department of Social Services, Probation Department, Youth Bureau, and Central Services, as well as the Credit Union and Community Police Office. Over the past two years we have worked with employee groups, the City of Ithaca and neighborhood groups to identify concerns and measure impacts. Why this location: Client Access The building which currently houses the County departments, the Biggs Complex on West Hill, does not meet work environment or service delivery needs. The Board felt that a location in the City of Ithaca will improve services to clients and efficiency for County employees. Forty percent of the clients of DSS and Probation live in the City of Ithaca; transportation is a problem for many of them. A downtown location is within walking distance for many, and more accessible to public transit for those living outside the City. Efficient County Operations Many County employees visit other departments or offices to meet with clients or attend meetings. Locating downtown reduces travel time and expense. Electronic linking of County offices is also cheaper when they are closer together. Impact on Neighborhood 91 April 2, 1996 The proposed building is four stories, 64,000 square feet, located midway through the block between West State and West Seneca Streets. To build in this central location we need to demolish five residential and three non-residential buildings. The County is working with the landlords of the buildings in identifying other properties to which tenants could be relocated. In addition, the Special Services unit of DSS is working with tenants to provide moving expenses, security deposits and other related relocation costs. The County will also provide relocation assistance to commercial tenants. Impact on Business In terms of its impact on business, the proposed building will bring a large concentration of people to the area, which we think will contribute to the vibrancy of downtown, and should serve as an inducement for new businesses to start up on a block that is currently underutilized. Conclusion The proposed Human Services Building project would serve a public use, benefit, and purpose by providing a human services system which is administratively efficient, easily accessible for clients throughout the County, and at the lowest cost for County taxpayers over the next 25 years. ************************************************************************************ Ms. Mink introduced James Kazda, Senior Civil Engineer. Mr. Kazda reviewed the process that has lead to this point. He said the site under consideration is the 300 block of West State through West Seneca Street. He explained the Committee started with 24 sites, and explained the criteria and the analysis used to come to their decision. He said the selection of sites was narrowed to three locations within downtown Ithaca: Woolworth's site, Elks/Eagles site, and the proposed site on West State Street. Mr. Kazda said an environmental assessment has been done on the proposed site and will be available with the summary of this public hearing. Ms. Mink asked if anyone wished to speak. Barbara Wilcox Theusen, Ithaca, read and submitted the following statement for the record: "I am Barbara Wilcox Thuesen, a multigenerational resident and descendant of early settlers. I appreciate your service and willingness to listen to citizens on this issue. As carriers of petitions concerning the location of the Ithaca Town Hall, one comment heard over and over was "Why can't we have a referendum on the DSS building?" That was a real grass roots, non-partisan movement expressing the same concerns we have. The two issues may be unrelated legally, except for the fact that you are using our money, and every time a piece of property gets added to the government's inventory and taken off the tax roles Mostly homeowners are left to pick up the slack. My memory of looking at Ithaca from the hills was green, now it is gray concrete. All agreed at hearings, that the school property tax is an unfair burden, because of uneven assessment practices and an unequal relationship between property value and taxpayer income. BUT, the State commission pointed out that the challenge is particularly troublesome for New York because we rank first in the burden posed by local taxes. The County Board has responded to the frustration demonstrated by people a few years ago by forming the BRAC committee and making changes. You were elected and are being paid as trustees of our tax dollars. The total tax bill for any individual is overwhelming. 92 April 2, 1996 The perception to the average taxpayer is that duplication of effort and resources is inefficient, wasteful, and not good management of someone else's money. With our demographics of 1/3, turnover every two years, every four years you don't know 2/3 of the people!!! We have constant turmoil, new people compare with what they left, old time residents look and see their memories. Part of their lives being destroyed and history being re -written. Many that can afford to leave - do. I am not willing to give up just yet. We can cite wisdom and past experience so we don't repeat the same mistakes. We can re-evaluate the situation and have the courage to challenge and change. The town hall site on Court Street is a good example of the confusion -- the perception is three government entities were looking at that site - the Town of Ithaca, the Library, and the Senior Citizens Council -- all three are using our tax dollars, plus our volunteer time and money, yet they are not talking to each other - is this an efficient use of our money? After all, the taxes regardless of which organization they go to All came from the same pocket! Question? How come no one in the City has asked "Why is a perfectly good income producing, tax paying business moving out? They have a perfect right to move but the reason why might be enlightening. Rotary has a simple four-way test everyone should try - one it asks: Is it the truth? Is it fair to all concerned? Will it build good will and better friendships? Will it be beneficial to all concerned? We ask this County Board to use some common sense, do not remove property from the tax rolls when you already own property. This is a good opportunity to ask the taxpayers about the new DSS site - accept the responsibility and maybe call for a referendum. Consider other options: Why not rent from an existing tax paying entity? Please - Do not burden us with more property taxes, because homeowners and small businesses can't afford it." Girard Oberrender, Ithaca, stated it was four years ago when a Chamber of Commerce breakfast was held with the Ithaca Town Board and mention was made of moving the Department of Social Services to downtown. At that time the general reaction was that it was not generally financially reasonable or sound. He said he has been told that the proposed building would be paid off in 25 years or break even in 25 years, and stated a person is not respected in the business community if their investment breaks even in 25 years. He expressed concern with the County using the process of eminent domain in order to take possession of this property. He spoke of the County kicking almost 100 people out of their homes or condemning property, and said he doesn't feel the County is using any compassion. He also said the County's cost of safety is rising. Mr. Oberrender said he feels the economic times weren't right four years ago, and they are still not right now. He referred to headlines in recent issues of the Ithaca Journal showing hard economic times. He also expressed concern for a shrinking tax base. Mr. Oberrender recommended the County have an audit committee, having members who would have no real connection with the County, to find out what can be afforded, are the County's premises valid, and were conclusions and logic valid, before spending $20 million on a building to deliver services to the needy. George Ladau, employee of Orson Ledger Apartments, said he attended a recent West End Business Association Meeting, and said there were more people at that meeting than there are at this meeting. He expressed concern for the way this public hearing was advertised in the Ithaca Journal. He said he felt the article was hidden in the legal section of the paper. Mr. Ladau said he has seen different pictures of the proposed building and all have been different. He asked why the County does not have a 93 April2, 1996 plan before it starts any of the process. He said the plan changes every day. He asked how the figure can move from $10 million to $16 million in such a short period of time. Joseph Daley, owner of a building on the proposed building site, and South Albany Street resident, spoke in favor of the proposed Human Services Building. He feels the building will have a large impact on the neighborhood, and as someone who has other property in that neighborhood he thinks the impact will be positive. Mr. Daley said he does not feel the building will place an incredible burden on the property tax base, and feels the project will pay for itself. Mr. Daley noted he has been able to relocate all of his tenants that occupy his building on the proposed site. Orson Ledger, property owner of one of the buildings in the area of the proposed site of the Human Services Building said a previous speaker mentioned there were 100 people that would be dislocated because of the building. He said he came up with a figure of 34, and that he houses all but four of them. He feels the building will help the apartment business by taking some out of the market. He said while it will cut into his net income considerably, he feels in the long run it will help the area and the rental market immensely. Pat Driscoll, current President of EOC (Economic Opportunity Corporation), said that Agency is concerned about poverty and what happens to low-income people. She said she feels it is very important that we have low-income apartments available. She stated from her observation point, she finds a lot of people scrambling for a place to live. Ms. Driscoll asked that the Board take a very careful assessment of the neighborhood and the area that will be affected by the Human Services Building. Ms. Mink set the record straight on a couple of points. She stated the cost of the building is $6.5 million. The bond resolution was for $10.7 (this pays for the design fees). She said the second bond resolution that was adopted was the same as the first one - it was amended to include some of the properties on Seneca Street that weren't in the original plan. She had Mr. Kazda clarify the questions that have been raised relative to the design of the building. Mr. Kazda stated that the original design that was proposed last Fall was based on a preliminary analysis that was looking at a schedule and a cost for the project. That cost has not changed since last Fall, nor is it expected to change throughout the whole design process. He said they were originally looking at the corner property on Plain, Seneca, and State Street as being the primary parcel on which a preliminary design and elevation for the building was prepared. As the Committee went through the process of trying to evaluate that, trying to reduce project cost, and trying to determine the impact on businesses and residences, the Committee moved to the mid -block option. He said as the Committee goes through the analysis of fitting the employees into the space that was defined as 64,000 square feet, the footprint was developed. He said the footprint does change, and will continue to do so until the schematic design phase is complete. Mr. Kazda said they expect this phase to be complete in early May, at which time the footprint will be defined and will not change considerably. The Committee will continue on through design development, and then the construction documents phase. This will be the set of documents that will go to bid. Ms. Mink stated there are copies of some frequently asked questions available for the public and will be incorporated into the proceedings of this meeting, as well as a summary of the comments that have been heard. The following is the document which Ms. Mink referred to: Human Services Building Frequently Asked Questions 1. Q: Why didn't we just fix up Biggs and stay? 94 April 2, 1996 A: Two years ago an intensive engineering study commissioned by the County showed that it would cost $6.4 million to replace the heating and ventilation systems and make office improvements to keep the Biggs Building functioning. We would still be left, however, with a building that had a grossly inefficient use of space and very high energy costs. That amount of money could also pay for a whole new structure that would be far more efficient to maintain. When we compared capital project costs, renovation looked cheaper; but when we looked at operating costs over 25 years, they were three times as high for the renovated Biggs complex. It was clear that, over time, pouring money into Biggs was a losing proposition for taxpayers. It was time to cut our losses and the Board voted unanimously to do so last March. 2. Q: Why move downtown, rather than staying on the Biggs site? A: The location in the City of Ithaca will improve services to clients and efficiency for County employees. Forty percent (40%) of the clients of DSS and Probation live in the City of Ithaca; transportation is a problem for many of them. A downtown location is within walking distance for many, and more accessible to public transit for those living outside the City. Many County employees visit other County departments or offices to meet with clients or attend meetings. Locating downtown reduces travel time and expense. Electronic linking of County offices is also cheaper when they are closer together. 3. Q: What is the geographic distribution of clients served by DSS and Probation? A: The DSS client distribution data was derived from the 1990 census data and is as follows: Geographic Client Distributions of 11 County Agencies Town of Ulysses - 6% Town of Enfield - 3% Town of Lansing - 9% Town of Groton - 6% Town of Dryden - 11% Town of Caroline - 3% Town of Danby - 2% Town of Newfield - 5% Town of Ithaca - 14% City of Ithaca - 41% 4. Q: How is the County dealing with the impact on parking? A: The building site will include 53 on-site parking spaces. These will accommodate visitor parking, parking for County -owned vehicles, and parking for some employees. In addition, the County is proposing to construct a parking lot one block from the proposed building. This lot will provide approximately 90 parking spaces. The City has also agreed to make parking spaces available to County employees. The City will provide 20 spaces to the County in the West State Street parking lot across from the proposed building. Thus, a total of 113 off-street parking spaces will be available to serve this building. The County also assessed the availability of on -street parking in the vicinity of the project. A windshield survey of on -street parking was conducted of streets near the building site, as well as on surrounding streets. This survey was conduced on two days at three different times each day. The number of available spaces was tabulated for each time period. Parking spaces with time limitations, metered parking spaces and "no parking" spaces were not considered in the calculations. 95 5 . Q: A: 6. Q: A: 7. Q: A: April 2, 1996 Within a two to three block radius of the proposed building site, the survey indicated the availability of a number of unrestricted parking spaces. During the morning hour when most employees would be looking for parking, the survey revealed between 143 and 148 unoccupied spaces. How is the County dealing with the relocation of residents? As part of the demolition required to develop this site, five existing residential structures will be demolished. All tenants have been offered assistance, if needed. In brief, relocation plans include two stages. First, the County is working with the existing landlords (all of whom own other rental property) to identify other properties to which the tenants could be relocated. The affected landlords have been cooperative in these efforts. If this is not successful, the Special Services Unit of the Department of Social Services will provide other assistance. As needed, the County will provide help with moving expenses, security deposits, and other related relocation costs through its existing programs. What is the impact on business in the area? The proposed building will bring a large concentration of people to the area, which we think will contribute to the vibrancy of downtown and should serve as an inducement for new businesses to start up on a block that is currently underutilized. What were the sites considered for the Human Services Building and the evaluation criteria? Sites Biggs A Reno Biggs New Meadow House (State Street Site) Eagles/Elks Woolworth's Lot Terrace hill Buffalo Street Post Office DiPasquale Courthouse Annex Courthouse Annex with First Federal Lot Citizens/TCTC Women's Community Building Block 14 Clinton Street Police Parking Lot Lower Lot Center Ithaca MHB Extension Strand Theater Lot Dickenson Building VIP Motel Walmart Site Morse Chain Building No. 24 Ithaca Theater Spencer Road Any Rural Site The public hearing was closed at 6:01 p.m. Criteria Access to Public Transportation Pedestrian Convenience Proximity to County Administration Proximity to Retail and Commerce Proximity to Other Agencies Proximity to Clients parking Availability/Ability Security Expandability/Identifiability Ability to Accommodatee Program Constructability at Site Image/urban Reinforcement Environmental quality Internal Adaptability Cost -Site Pledge of Allegiance to the Flag and Roll Call of Members 96 April 2, 1996 Members and guests participated in the Pledge of Allegiance to the Flag. Present: 14 Representatives; Excused: 1 (Chairman Stein). (Representative Proto was excused at 7 p.m.) Presentation of Proclamation(s) Vice Chair Mink read and presented the following proclamation(s): • Community Banking Month in Tompkins County - April, 1996, to Rick Dolge of the Tompkins County Trust Company • Child Abuse Prevention Month in Tompkins County - April, 1996, to Michel Kelly of the Department of Social Services • Tompkins County Government Week - April 2-8, 1996, to Scott Heyman, County Administrator Privilege of the Floor by the Public No member of the public wished to speak at this time. Privilege of the Floor by Board Members Ms. Davis, District No. 2 Representative, thanked Valerie Hayes for attending the March 29 meeting of the Affirmative Action Committee, and for her presentation. She announced a presentation on Managed Care will be held April 17 at noon at the Health Planning Council meeting. Mr. Proto, District No. 7 Representative, said on behalf of the townships that had flooding, he would like to thank the County Planning Department, especially James Skaley, Katie White, and the Water Quality Steering Committee, for developing measures to alleviate the damage that was done as a result of the flooding. Mr. Proto said the subject of stream maintenance will be going through the Health and Environmental Quality Committee. Mr. Proto also commended Mary Pat Dolan, Commissioner of Social Services, and the Medicaid Transportation Task Force for their work in lowering Medicaid transportation costs. Mr. Proto said the article which appeared in the newspaper failed to mention Paul Steiger's involvement, as he was the person who brought the issue to the Board. Mrs. Schuler, District No. 4 Representative, recognized two local youth hockey teams and their accomplishment (one went to State Championship and the other moving to Nationals). She noted one team member's parent is a County staff person and said the 5 a.m. practices have paid off. Ms. Blanchard, District No. 1 Representative, read a letter she prepared concerning the lapse in authority to collect the aviation user tax. She stated she has written letters to urge Tompkins County's Senators and Congressmen to do what they can to get action on this legislation, and said she will leave copies in the Board Office for Board members to sign. Mr. Lane, District No. 14 Representative, reported on a meeting that was held today on the Virgil Creek Watershed Program funding. He said Congressman Maurice Hinchey, a representative from Assemblyman Luster's office, as well as other involved parties were in attendance. Mr. Lane said the funding situation and the real need for this project to move forward in 1996, as well as the need for the federal government to keep the funding in place was presented. Mr. Lane announced that because of involvement of the Federal Natural Resources Conservation Agency, the monies adopted in the resolution at the last Board meeting will not be available. He said they are continuing to press for funding under P.L. 566. He said no promises were made today, but the message was made clear that project needs to move forward. 97 April 2, 1996 Mr. Todd, District No. 6 Representative, commented on a recent Ithaca Journal article that ran on the first anniversary of the Recycling Center, and said he was very appreciative of that. He said the presentation was very fair. He reported a week ago at the West Danby Fire Hall, Malcolm Pirnie, the engineering company retained by Solid Waste, gave a first-year report on the monitoring of the Hillview Road Landfill. He said the Advisory Committee was invited and the report was well received by those present. He noted Representatives Winch and Proto were present. Mr. Todd said there was no one in attendance from the Ithaca Journal, and said he objected to the scare headline that appeared in the paper the next day. He said the meeting was very positive and feels the headline that appeared in the Ithaca Journal is bottom -of -the -barrel journalism. He said the closure of the Landfill was done right, and the results of the first year monitoring proves it was done right. Mr. Winch, District No. 8 Representative, stated he, too, attended the meeting spoken of by Mr. Todd at the West Danby Fire Hall. He said he learned a great deal more about geology at that meeting and came away much more comfortable about the decision that was made to protect that area. Withdrawal of Resolution(s) from the Agenda There were no resolutions to be withdrawn from the agenda. Addition of Resolution(s) to the Agenda There were no resolutions to be added to the agenda. Chair's Report and Appointment(s) Vice Chair Mink reported the Leadership Council meeting this week has been canceled. She had no appointments to make. Report from the County Administrator Mr. Heyman reported the Day Care Task Force has met twice, and has representation by four of five employee groups. They have authorized a survey, and it is expected to go to all employees in approximately three weeks. Report from the Countv Attorney Mr. Theisen had no report. Report from the Finance Director Mr. Squires reported on bond anticipation notes. He also reported interest rates have gone up substantially in the last four years, but have gone down again. Resolution(s) and Appointment(s) Approved Under the Consent Agenda RESOLUTION NO. 85 - AUTHORIZATION TO EXECUTE CONSENT AND TERMINATION AGREEMENT - BROWN ROAD WATER TANK MOVED by Mr. Meskill, seconded by Mr. Proto, and unanimously adopted by voice vote by members present under the consent agenda. 98 April 2, 1996 WHEREAS, on August 8, 1977, the County and the Village of Lansing entered into an agreement whereby the Village transferred ownership of the water tank located off Brown Road to the County and the County agreed to lease the tank back to the Village for a ninety-nine year term, in connection with obtaining federal funds for costs associated with the tank at that time, and WHEREAS, the tank is no longer needed for the performance of the water distribution system in the area of the tank, now therefore be it RESOLVED, on recommendation of the Transportation Services and Facilities Committee, That the County Administrator is hereby authorized and directed to execute the Consent and Termination Agreement with the Village of Lansing which will allow the Village to dismantle the tanks, RESOLVED, further, That the Village shall indemnify and hold harmless the County from any and all costs, expenses, damages or liabilities arising in connection with or as a result of the tank dismantling and removal from its site. SEQR ACTION: TYPE 11-15 RESOLUTION NO. 86 - ACCEPTANCE OF FUNDS AND AUTHORIZATION TO EXECUTE CONTRACTS FOR EXTENSION OF HEALTHY HEART NUTRITION CONTRACT WITH THE NEW YORK STATE DEPARTMENT OF HEALTH MOVED by Mr. Meskill, seconded by Mr. Proto, and unanimously adopted by voice vote by members present under the consent agenda. WHEREAS, funding is available for the Healthy Heart/Health Promotion Program to continue a program in collaboration with Cooperative Extension to decrease fat and increase fruits, vegetables and fiber in school lunch menus and to establish nutrition policies, and WHEREAS, the Healthy Heart/Health Promotion Program has been approved to receive funding for the period of July 1, 1996 to June 30, 1997 to reach students in the Lansing, Newfield, and Groton School Districts, and WHEREAS, the extension of this program will build on the program in place to promote physical activity as recommended in the new Dietary Guidelines for Americans, and WHEREAS, the extension of this program will enhance the students' understanding of how the food and agricultural system contributes to the consumption of a healthy diet by increasing the acceptability of regionally grown fruits and vegetables, now therefore be it RESOLVED, on recommendation of the Health and Environmental Quality Committee, That the Healthy Heart/Health Promotion Program is authorized to participate in this project, RESOLVED, further, That the County Administrator is authorized to execute any and all agreements necessary to complete this project, RESOLVED, further, That budget adjustments will be processed once the final budget of approximately $35,650 is approved by the New York State Department of Health. SEQR ACTION: TYPE II -15 Appointments It was MOVED by Mr. Meskill, seconded by Mr. Proto, and unanimously adopted by voice vote by members present under the consent agenda to approve the following appointments: Environmental Management Council David Weinstein At -Large Cayuga Medical Center at Ithaca Board of Directors 99 Term expires 12/31/97 Frank Proto Soil and Water Conservation District Edward Laine Tompkins County Youth Board Francois Bereaud April 2, 1996 County Representative Grange Member Town of Danby Withdrawal of Resolution(s) Not Requiring Board Action Term expires 4/30/99 Term expires 12/31/97 Term expires 12/31/98 Vice Chair Mink gave the appropriate committee chair permission to withdraw from the agenda, the following resolution(s) with final committee action being affirmed: CA008-96 - Authorization to Apply for Federal Section 5311 Operating Assistance Grant for TOMTRAN - 1996 Report and Presentation of Resolution(s) from the Economic Development Committee Mr. Proto, Chair, reported the Committee met March 26 and gave the following report: 1) Michael Stamm of Tompkins County Area Development (TCAD) provided the Committee with an update on the Gateway Job Training Initiative, which is designed to provide a unified service delivery system for this fragmented service. TCAD has conducted a survey of 46 leading employers in Tompkins County, and discovered the following key points: that over 1,000 new jobs were created by these employers during the past five years, but only about 60 percent of them went to County residents; companies were most likely to use word-of-mouth to hire employees and not likely to use BOCES, the Department of Labor or school districts to fill positions; a greater degree of cooperation from the school districts would greatly help the Gateway process, and that the key target for the job training initiative should be long-term County residents who need improved skills in order to find employment. 2) Tom King of the Convention and Visitors Bureau (CVB) reported on the CVB Marketing Plan and current activity. Mr. King reported that the new multi -county marketing initiative has been going extremely well, and that the CVB has received over 800 calls through ads taken out in support of this initiative. It was also reported that the CVB has seen an increase in convention bookings through the contacts of the new Convention Sales Manager, Bridget DeBelle, especially with State agencies. Other points discussed included the integration of the Clinton House Visitors Center into the overall marketing plan, adding the weekend "to do" sheets in all of the hotel rooms in Tompkins County, compiling a list of associations and organizations that County employees (and potential other companies' employees) belong to in order to target meeting and convention business, and the implementation of a shuttle bus between the hotels and downtown Ithaca. 3) Paul Glover of Ithaca MONEY provided a discussion on Ithaca HOURS, a barter system that has attracted national and international attention. Mr. Glover reported that Ithaca MONEY has made the semi-finals of a Ford Foundation grant competition, which if successful, would provide $100,000 in funds for the creation of an Import Replacement Center. Other points noted were that about $1.5 million in trade has been carried on to date in Ithaca HOURS, and that 40 merchants in downtown Ithaca alone accept HOURS as payment for goods. 4) The ABTD Development Grant Proposal for 1996 was discussed and moved forward. There will be a smaller, second round of funding because not all of the money was expended in the first round. The next Economic Development Committee meeting will be April 23 at 10 a.m. 100 April 2, 1996 RESOLUTION NO. 87 - APPROVAL OF ADVISORY BOARD ON TOURISM DEVELOPMENT GRANTS MOVED by Mr. Proto, seconded by Mr. Meskill, and unanimously adopted by voice vote by members present. WHEREAS, Tompkins County has designated an Advisory Board on Tourism Development (ABTD) to provide advice to the Board of Representatives in tourism -related matters, and WHEREAS, the ABTD has been assigned to review the Development Grant applications for the 1996 round of funding and has made recommendations, and WHEREAS, the recommendations of the ABTD are within the budget for the Development Grants program, now therefore be it RESOLVED, on recommendation of the Economic Development Committee, That the following grants be approved: Community Arts Partnership $1,000 Cornell Cooperative Extension $3,200 DeWitt Historical Society $2,050 Ithaca Ballet $6,000 Sciencenter $4,000 Tompkins County Chamber of Commerce $2,500 Music Recreation $2,500 Total Funding Requested $21,250 RESOLVED, further, That all funds for these grants will be paid from the Room Occupancy Tax account (A6475.4497), RESOLVED, further, That the County Administrator or his designee be authorized to sign any contracts related to these grants. SEQR ACTION: TYPE II -15 Report and Presentation of Resolution(s) from the Transportation Services and Facilities Committee Ms. Blanchard, Chair, reported the Committee met on March 20, and authorized the filing of another grant application, and also completed routine committee work. She said she received a letter from Senator Seward saying the proposed transit legislation bill was reported out of the Senate Committee on Local Government, and will be ready for consideration by the full Senate this week. The Bill is continuing to move through the Assembly. Ms. Blanchard reported May 4 is the date that has been set for the public works tour. A bus will depart at 8 a.m. and will return by noon. The purpose of the tour is to look at some of the projects that will be undertaken this Spring and Summer, and will also show where problems exist and where there have been major improvements. Ms. Blanchard reported on the status of the Name the Bus Contest. She said the contest is over, and the judges are working their way through top 50 choices. Their recommendations will be recommended to the Transportation Services and Facilities Committee in April. RESOLUTION NO. 88 - RESCISSION OF RESOLUTION NO. 244 OF 1995 AND AUDIT OF FINAL PAYMENT - RECYCLING AND SOLID WASTE CENTER - NEW ENGLAND CRINC. MOVED by Ms. Blanchard, seconded by Ms. Kiefer, and unanimously adopted by voice vote by members present. 101 April 2, 1996 WHEREAS, Resolution No. 244 of 1995, intended to be the audit of and final payment to CRInc., for services in connection with the Recycling and Solid Waste Center inadvertently omitted the $73,015 change order approved in Resolution No. 243 of 1995, now therefore be it RESOLVED, on recommendation of the Transportation Services and Facilities Committee, That Resolution No. 244 of 1995, audit of final payment to CRInc., for services in relation to the Recycling and Solid Waste Center is rescinded, RESOLVED, further, 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 New England CRInc. 15 (Final) HH8167.9263 $380,249.05 RESOLVED, further, That the Finance Director be and hereby is authorized and directed to pay said claim from Account No. HH8167.9263. SEQR ACTION: TYPE II -15 RESOLUTION NO. 89 - SUPPORTING AN ENHANCED CHIP'S FUNDING LEVEL MOVED by Ms. Blanchard, seconded by Mr. Proto. Mr. Winch asked that mayors and supervisors also receive copies of this resolution. A voice vote resulted as follows: Ayes - 14, Noes — 0, Excused - 1 (Chairman Stein). RESOLUTION ADOPTED. WHEREAS, enabling legislation for the current Consolidated Highway and Street Improvement Program (CHIP's) is due to expire in March 1997, and WHEREAS, most local governments' fiscal year follows the calendar year and their 1997 budget will be prepared and adopted in the Fall of 1996, and WHEREAS, the State Legislature should renew CHIP' s funding during the 1996 session so that local governments can plan and properly budget for 1997, and WHEREAS, local government is responsible for 85 percent of the highway mileage in the State on which about 50 percent of the vehicle miles are driven, with less than 10 percent of the highway user - fees returned to local government through CHIP's, and WHEREAS, this has resulted state-wide in 21 percent of local highways/streets being rated in poor condition and 37 percent in fair condition compared with State DOT goals of 10 percent poor rating and 20 percent fair rating; and additionally fifty-two percent of local bridges are classified as deficient compared with 35 percent of State DOT bridges, and RESOLVED, on recommendation of the Transportation Services and Facilities Committee, That the Tompkins County Board of Representatives hereby urges the State Legislature and Governor Pataki to enact, during the 1996 session of the Legislature, multi-year enhanced CHIP's funding at a level of not less than $1 billion per year. SEQR ACTION: TYPE 11-15 RESOLUTION NO. 90 - AUTHORIZATION TO EXECUTE EXTENSION OF SNOW AND ICE AGREEMENT WITH THE STATE OF NEW YORK MOVED by Ms. Blanchard, seconded by Mr. Winch, and unanimously adopted by voice vote by members present. WHEREAS, the County of Tompkins has heretofore entered into an agreement with the State of New York pursuant to Section 12 of the Highway Law relating to control of snow and ice on State highways in towns and incorporated villages, and WHEREAS, Section 7 and 10 of said agreement respectively provided a method of modifying the map of affected State highways and for annually updating the estimated expenditures, and 102 April 2, 1996 WHEREAS, it would be in the best interest of the County to extend said agreement currently set to expire June 30, 1997, as modified and updated, for an additional one-year period, now therefore be it RESOLVED, on recommendation of the Transportation Services and Facilities committee, That an extension of said snow and ice agreement is hereby authorized for a period of one year from July 1, 1997 through June 30, 1998, and the County Administrator be and hereby is authorized and directed to execute such extension on behalf of the County. SEQR ACTION: TYPE 1I-15 RESOLUTION NO. 91 - REQUESTING UNITED STATES CONGRESSIONAL REPRESENTATIVES TO SUPPORT THE CONTINUATION OF AIRPORT IMPROVEMENT PROGRAM (AIP) FUNDING FOR FUTURE AIRPORT CAPACITY AND SAFETY NEEDS MOVED by Ms. Blanchard, seconded by Mr. Winch. Ms. Blanchard noted that no federal tax revenues are involved; all funding is coming from user fees. Mr. Winch noted this will only effect future projects at the Airport. Ms. Kiefer asked if any projects in Tompkins County had been postponed or canceled and was told no. Ms. Blanchard stated she would find out how much money has been reduced over the past three years and would let Representative Kiefer know. A voice vote on the resolution resulted as follows: Ayes - 13, Noes - 1 (Representative Kiefer), Excused - 1 (Chairman Stein). RESOLUTION ADOPTED. WHEREAS, Fiscal Year 1996 is the final year in the current Airport Improvement Program (AIP) funding program, and WHEREAS, funding to airports through the AIP program has been dramatically reduced over the past three years, resulting nationwide in needed capital improvements being postponed or canceled, and WHEREAS, almost $11 million in AIP funding has been used to leverage approximately $16.4 million in capacity, safety and security improvements at Tompkins County Airport over the past five years, and WHEREAS, all major improvements, accounting for most of the $16.4 million would not have been possible without AIP funding support, and WHEREAS, the Tompkins County Airport provides an economic benefit to the community in excess of $20 million per year and is essential for the well-being of nationally important entities such as Cornell University, Ithaca College, Borg Warner, Emerson, and many others, now therefore be it RESOLVED, on recommendation of the Transportation Services and Facilities Committee, That the congressional representatives of Tompkins County be urged to vigorously support the reauthorization of the Airport Improvement Program for a further three-year period, recognizing the importance of aviation to the County, the State and the Nation, RESOLVED, further, That in addition to authorizing a new Airport Improvement Program congressional representatives support future funding at traditionally higher levels than has been distributed during the past three years, RESOLVED, further, That congressional representatives support the removal of the AIP trust fund from the federal budget and the spending down of the estimated $6 billion of uncommitted funds for needed airport improvements. SEQR ACTION: TYPE II=15 Report and Presentation of Resolution(s) from the Leadership Council Mr. Evans, Vice Chairman, reported the Leadership Council meeting scheduled for April 4 has been canceled. 103 April 2, 1996 RESOLUTION NO. 92 - AMENDMENT OF RESOLUTION NO. 126 OF 1994, "ORGANIZATION AND MEMBERSHIP - LEADERSHIP COUNCIL" MOVED by Mr. Evans, seconded by Ms. Davis. It was MOVED by Ms. Kiefer, seconded by Mrs. Schuler, to add: Board members shall be appointed annually. A voice vote on the amendment resulted as follows: Ayes - 13, Noes - 1 (Representative Proto), Excused - 1 (Chairman Stein). AMENDMENT CARRIED. A voice vote on the resolution as amended resulted as follows: Ayes - 13, Noes - 1 (Representative Proto), Excused - 1 (Chairman Stein). RESOLUTION ADOPTED. WHEREAS, Resolution No. 126 of 1994 established the membership and method of appointment of the Leadership Council, and that body has functioned and provided leadership in the institution of quality management principles throughout County government since August 1994, and WHEREAS, requests have been received and reviewed by the Leadership Council for changes in both the membership and the method of appointment of Council members, and WHEREAS, Resolution No. 126 of 1994 directed the Leadership Council to propose for review by this Board a system of staggered terms for its members to take effect after December 31, 1995, now therefore be it RESOLVED, on recommendation of the Leadership Council, That Resolution No. 126 of 1994 is hereby amended so that the Leadership Council is hereafter comprised of, and appointed by, the following: Position Appointed by Chair of the Leadership Council/Chair or Chair of the Board of Representatives Vice Chair of the Board of Representatives One Board member County Administrator Two department heads One middle management employee Three CSEA White Collar employees Two CSEA Blue Collar employees One Confidential employee The Sheriff of Tompkins County One Deputy Sheriff's Association employee Chair of the Board of Representatives Not applicable Department heads Middle management employees CSEA White Collar Unit CSEA Blue Collar Unit Confidential employees Not applicable Deputy Sheriff's Association, RESOLVED, further, That half of all appointments in 1996 (other than County Administrator and Sheriff who serve by virtue of their positions) shall be for a one year period and half for a two year period, and thereafter all terms shall be for two years except Board members shall be appointed annually.. SEQR ACTION: TYPE 11-15 Report from the Health and Environmental Quality Committee Mr. Evans, Chairman, reported the Committee met March 28 in the Old Jail Conference Room. Alice Cole, Public Health Director, provided an analysis to the Committee on County car costs. With the purchase of cars for the Department, it is more economical for employees to drive County cars versus being reimbursed for mileage for their personal vehicles. An update was given on the proposed State Budget. A slight increase would be seen in the core expenditures, but the optional/additional services will be cut by $56,036. One resolution is reflected on the agenda. James Skaley, Chief of Natural Resources in the Planning Department, gave a report and possible ideas for a County -wide Flood Mitigation Plan. A few of those ideas include applying through FEMA to develop approaches to minimize future flooding impacts, an in-house inventory and evaluation of each major watershed for 104 April 2, 1996 potential flooding, and also the possibility of digitizing flood zone maps and relating it to properties and structures in the GIS. The next meeting will be May 23, 1996 at 9:30 a.m. in the Old Jail Conference Room. Mrs. Livesay suggested the Human Services and Human Resources and the Health and Environmental Quality Committees possibly look into the availability, quality, and cost of home health and home and personal care services, and whether these services could be better provided by the County. Representative Proto was excused at 7:00 p.m. Report from the Budget and Fiscal Policy Committee Mr. Joseph, Chairman, distributed the 1997 budget calendar, and said it is approximately two weeks ahead of the schedule inprevious years. Mr. Joseph reported there have only been three individuals who have expressed interest in serving on the Budget Reorganization Advisory Committee. He said unless more people express interest to serve, they will not be able to function. He commented that the Advisory Board has been an important player in the budget reorganization process. Report from the Human Services and Human Resources Committee Mrs. Livesay, Chair, reported the Committee has not met since the last Board meeting, however, they will meet tomorrow at noon. At that meeting Mary Pat Dolan, Commissioner of Social Services, will present programs for children at risk, including child abuse and neglect. Mrs. Livesay thanked Susanne Davis for attending a meeting of the Affirmative Action Committee. She reported it was a very good meeting, and said a videotape and packets of information handed out at that meeting is available. Mrs. Livesay reported on the Health Insurance Committee, and said they have had an analysis prepared of claims. At the last meeting members of the Committee spent time discussing the unique contract the County has with Blue Cross/Blue Shield. She said the next thing they need to do is to get further into analysis of areas of high use/cost. Mr. Meskill asked Mrs. Livesay what the status is of the evaluations of the four employees that report to the Board. Mrs. Livesay said the process is moving forward. Report from the Public Safety Committee Mr. Meskill, Chairman, reported the Committee has not met since last Board meeting. He said there is a letter on desks explaining the status of E911. The next meeting will be April 8 at 1:30 p.m., not 2 p.m. Report from the Planning, Community Development and Education Committee Mrs. Schuler, Chair, reported the Committee has not met since the last Board meeting. The next meeting will be April 9 at 9 a.m. She announced a joint meeting of the Planning, Community Development and Education Committee and the Health and Environmental Quality Committee will be held on April 25 at 9 a.m. The purpose of this meeting will be to discuss farmland protection. Report from the Solid Waste and Recycling Committee Mr. Todd, Chairman, reported the Committee has not met since the last Board meeting. The next meeting will be April 17 at 10 a.m. Report from the Public Information Committee 105 April2, 1996 Mr. Joseph reported the latest edition of County News has been distributed, and the Committee is waiting for reactions. Report from the Charter Review Committee Mr. Lane, Chairman, reported the meeting scheduled for today has been postponed to April 9 at 2:15 p.m. Report from the Human Services Building Construction Committee Ms. Blanchard, Vice Chair, reported a short meeting was held today. The next meeting will be April 16. Report from the Rural Affairs Committee Mr. Lane, Member, reported the Committee has not met. Report from the Electronic Future Committee Mr. Evans, Chairman, reported the Committee met April 22, and continues discussion with graduate student consultants. He said there was also an interesting discussion about concerns relating to various private public partnerships and whether or not what we are proposing should be a publicly owned entity or not. He said discussion will continue at the next meeting on April 5 at 3 p.m. He hopes to be able to come to the Board in July with a major update on where the Committee is trying to go. Approval of Minutes of February 29 and March 19, 1996 It was MOVED by Mr. Winch, seconded by Mr. Totman, and unanimously adopted by voice vote by members present, to approve the minutes of February 29 and March 19, 1996, as submitted. MINUTES APPROVED. Adjournment On motion the meeting adjourned at 7:22 p.m. 106 April 16, 1996 Regular Meeting Called to Order Chairman Stein called the meeting to order at 5:30 p.m. Pledge of Allegiance to the Flag and Roll Call of Members Members and guests participated in the Pledge of Allegiance to the Flag. Present: 15 Representatives. (Representative Livesay arrived at 5:37 p.m.) Presentation of Proclamation(s) Chairman Stein presented the following proclamations: • April 21-27, 1996, to be Infant Immunization Week in Tompkins County, presented to Karen Bishop, Public Health Nurse for the Tompkins County Health Department; • May 6, 1996, to be No Diet Day in Tompkins County, to Terry Garrison; • April 21-27, 1996, and the Month of April, 1996, to be Crime Victims Week and Sexual Assault Awareness Month in Tompkins County to Fran Spadafora, Executive Director of Ithaca Rape Crisis; • April 15-21, 1996, to be Federation of New York Insurance Women's Week in Tompkins County Ms. Livesay arrived at this time. Privilege of the Floor by the Public Peter Donovan, TC3 student, stated he is in attendance at this meeting to fulfill a requirement of his American, State and Local Politics class. He said he hopes to get a better understanding of how local politics work. Privilege of the Floor by Board Members Mr. Proto, District No. 7 Representative, reported there will be a presentation at the Rotary Club tomorrow by Cornell University President Rawlings. Mr. Proto said there was an article in the Ithaca Journal this week in regard to the New York State Electric and Gas proposed pipeline in Caroline and Danby. He said early this week the Public Service Commission ruled on changing the route from the Coddington Road area to the Danby Road area. He said he has had conversations with residents there, and that there is an 24-hour 800 number for anyone who would like to get further information. Ms. Blanchard, District No. 1 Representative, announced the arrival of Olivia LeMaro, weighing only a little over two pounds. Olivia is the daughter of Arel LeMaro, Buildings and Grounds Supervisor. Ms. Blanchard reported mom and baby are doing fine. Ms. Mink, District No. 5 Representative, reminded Board members how important it is that they use their microphones correctly so that the viewing audience can hear them. Resolution(s) to be Added to the Agenda 107 April 16, 1996 On motion and duly seconded and unanimously adopted by voice vote, to add the following resolution(s) to the agenda: Award of Bid - Tompkins County Mental Health HVAC Renovations Resolution(s) to be Withdrawn from the Agenda Chair Stein gave the appropriate committee chairs permission to withdraw the following resolution(s): Amending the Rules of the Board of Representatives Authorizing the Chairman of the Board of Representatives to enter into an Agreement to Establish a Property Value Business Income Compensation Program Chairman's Report and Appointment(s) Mr. Stein said he is glad to be back from his vacation. He reported the annual lunch with the Chamber of Commerce will be held April 26 at the Ramada. This will be an opportunity to discuss and ask questions, by members of the Board and the Chamber of Commerce. He said he will be organizing that agenda and will be asking some members of this Board to take part in a presentation he is planning. Report from the County Administrator Mr. Heyman thanked the Board again for the proclamation adopted at the last Board meeting proclaiming April 2-8, 1996, to be Tompkins County Government Week. He said he has the proclamation on display in his office, and has also published a copy in County Corridors, the County's internal newsletter. Mr. Heyman reported he plans to attend a meeting in Syracuse with his colleagues from around the State on May 3. He said if any Board member has any operational questions, such as how do other counties do something, he said he can take questions with him. He reported the Schuyler County Chamber of Commerce will be holding a question and answer forum on a county manager form of government. Report from the County Attorney Mr. Theisen reported his office is proceeding with the acquisition of property for the new human services building. He said other various matters in his office are ongoing. Report from the Finance Director Mr. Squires reported on the County's latest bond sale. He said notes were offered on April 3 and interest rates were received a little below the going rate. A rate of 3.63 was received for a $3.9 million bond anticipation note. He said some neighboring counties just went to market on similar sizes and they were selling at 3.7 percent. Mr. Squires said he will be presenting year-end information to the Budget and Fiscal Policy Committee next week. The report will show substantial improvement in most areas. Mr. Squires responded to a question Mr. Todd raised at the last Committee meeting concerning an outstanding amount of $2 million for the Recycling and Solid Waste Center. Mr. Squires stated he has learned that Solid Waste is very confident the County will receive that money before those notes have to be renewed. In response to Mr. Lane's question concerning financing for Tompkins Cortland Community College's Master Plan, Mr. Squires said the County has borrowed almost all of its authorization. Approval of Resolution(s) Under the Consent Agenda 108 April 16, 1996 RESOLUTION NO. 93 - AUTHORIZATION TO EXECUTE QUITCLAIM DEED - SALE OF FORECLOSURE PROPERTY BY SEALED BID - TOWN OF NEWFIELD - 17-4-1 MOVED by Mr. Evans, seconded by Mr. Winch, and unanimously adopted by voice vote under the consent agenda. WHEREAS, by tax foreclosure proceedings, the County acquired a certain parcel in the County, Town of Newfield (17-4-1), and WHEREAS, said property was sold to Betty Berggren by sealed bid on March 19, 1996, now therefore be it RESOLVED, That upon payment in full of the bid price, plus current taxes and filing fees, that the County Administrator be and hereby is authorized to execute a quitclaim deed for parcel 17-4-1, Town of Newfield. SEQR ACTION: TYPE 11-15 RESOLUTION NO. 94 - AUTHORIZATION TO EXECUTE QUIT CLAIM DEED - TOWN OF NEWFIELD PARCEL 21-9-2 TO WILSON PRIOR TO PUBLIC AUCTION OR SALE MOVED by Mr. Evans, seconded by Mr. Winch, and unanimously adopted by voice vote under the consent agenda. RESOLVED, That the County Administrator is authorized to execute a quit claim deed conveying Town of Newfield tax parcel 21-9-2, acquired by the County through 1995 tax foreclosure, back to the previous owners Charles and Madge Wilson upon payment of all back taxes, penalties, interest and fees. SEQR ACTION: TYPE 11-15 RESOLUTION NO. 95 - ABOLISH SENIOR DATA ENTRY OPERATOR POSITION AND CREATE MICROCOMPUTER SPECIALIST - DEPARTMENT OF SOCIAL SERVICES MOVED by Mr. Evans, seconded by Mr. Winch, and unanimously adopted by voice vote under the consent agenda. WHEREAS, Department of Social Services will have a need for technical support as the department moves to a direct data entry system mandated by the New York State Department of Social Services, now therefore be it RESOLVED, on recommendation of the Human Services and Human Resources Committee (HSHR), That one vacant position of Senior Data Entry Operator (9/698), labor grade I(9), be abolished and one position of Microcomputer Specialist (12/638), labor grade L(12), 35 hours per week, competitive class be created effective immediately, RESOLVED, further, That no additional funding is needed. SEQR ACTION: TYPE II -15 RESOLUTION NO. 96 - ABOLISH SENIOR CASEWORKER POSITION AND CREATE CASEWORKER - DEPARTMENT OF SOCIAL SERVICES 109 April 16, 1996 MOVED by Mr. Evans, seconded by Mr. Winch, and unanimously adopted by voice vote under the consent agenda. WHEREAS, the department's staffing needs in its Service Division have changed as a result of internal reorganization, now therefore be it RESOLVED, on recommendation of the Human Services and Human Resources (HSHR) Committee, That one vacant position of Senior Caseworker (15/581), labor grade 0(15), be abolished and one position of Caseworker (14/562), labor grade N(14), 35 hours per week, competitive class be created effective immediately, RESOLVED, further, That no additional funding is needed. SEQR ACTION: TYPE 11-15 RESOLUTION NO. 97 - RESOLUTION TO SUPPORT CHANGES IN COUNTY LAW 224 TO PROVIDE INCREASED EQUITY AND BALANCE BETWEEN STATE AND COUNTY FUNDING OF COUNTY CORNELL COOPERATIVE EXTENSION PROGRAMMING MOVED by Mr. Evans, seconded by Mr. Winch, and unanimously adopted by voice vote under the consent agenda. WHEREAS, vital educational programming that advances the well-being of agriculture, youth, families, and businesses across New York State is emanating from local Cooperative Extension Associations in concert with County Government and the vast resources of the national land grant university system, including Cornell University, and WHEREAS, this legislature takes great pride in the educational programming accomplishments of the Tompkins County Cornell Cooperative Extension Association, including programs that promote: agricultural vitality, increase diversity of agricultural business, environmental enhancement, consumer and financial education, nutrition and health education, and youth, family and community development, and WHEREAS, the efficient application of contemporary knowledge and applied education, such as is being done by Cornell Cooperative Extension in Tompkins County is crucial to the economic prosperity of local businesses, farms, families, and communities, and WHEREAS, recent bills submitted in both houses of the New York State Legislature A,656 -A and S,767 -A propose changes in County Law 224 that will create greater equity and balance of State support for the work of county Cooperative Extension associations, while preserving the link between state funding adjustments to the levels of support committed locally, and WHEREAS, this County Legislative body views a funding partnership by both state and county governments as crucial to assuring effective use of statewide Cooperative Extension resources to meet locally identified priorities, now therefore be it RESOLVED, on recommendation of the Planning, Community Development and Education Committee, That the Board of Representatives is in support of changes proposed in Assembly Bill 656-A and Senate Bill 767-A, and that it asks its locally elected representatives to the Assembly and Senate, including, the Honorable Martin Luster, the Honorable James L. Seward, and the Honorable John R. Kuhl, to actively support the enactment of these bills into law. SEQR ACTION: TYPE 11-15 110 April 16, 1996 RESOLUTION NO. 98 - AUTHORIZATION TO EXECUTE A GRANT AGREEMENT WITH THE FEDERAL AVIATION ADMINISTRATION (FAA) AND NEW YORK STATE DEPARTMENT OF TRANSPORTATION (NYSDOT) TO PURCHASE A SNOW BLOWER WITH SWEEPER ATTACHMENT MOVED by Mr. Evans, seconded by Mr. Winch, and unanimously adopted by voice vote under the consent agenda. WHEREAS, the County has received a grant offer from the Federal Aviation Administration (FAA) in the amount of $292,050 towards the cost of purchasing a Snow Blower with Sweeper Attachment, and WHEREAS, the funding of the purchase of said Snow Blower with Sweeper Attachment is as follows: FAA Share (90%) Account No. 5610.4592 $292,050 NYSDOT Share ( 5%) Account No. 5610.3592 $ 16,225 Local Share ( 5%) Account No. 5610.5031 $ 16,225 Total Account No. 5610.9239 $324,500 RESOLVED, on recommendation of the Transportation Services and Facilities Committee, That the FAA grant offer in the amount of $292,050 be and hereby is accepted and that the County Administrator is authorized to execute the required documents, RESOLVED, further, That when the New York State matching grant offer of $16,225 is received, it also be accepted and the County Administrator is authorized to execute the required documents. SEQR ACTION: TYPE II -12 RESOLUTION NO. 99 - AUTHORIZATION TO EXECUTE A GRANT AGREEMENT WITH THE FEDERAL AVIATION ADMINISTRATION (FAA) TO PURCHASE A NEW INDEX "B" AIRPORT RESCUE AND FIRE FIGHTING (ARFF) VEHICLE MOVED by Mr. Evans, seconded by Mr. Winch, and unanimously adopted by voice vote under the consent agenda. WHEREAS, the County has received a grant offer from the Federal Aviation Administration (FAA) in the amount of $340,000 towards the cost of purchasing a new Airport Rescue and Fire Fighting (ARFF) vehicle, and WHEREAS, the funding of the purchase of said ARFF vehicle is as follows: FAA Share NYSDOT Share Local Share Total (90%) (5%) ( 5%) Account No. 5610.4592 $340,000 Account No. 5610.3592 $ 18,889 Account No. 5610.5031 $ 18.889 Account No. 5610.9239 $377,778 RESOLVED, on recommendation of the Transportation Services and Facilities Committee, That the FAA grant offer in the amount of $340,000 be and hereby is accepted and that the County Administrator is authorized to execute the required documents, RESOLVED, further, That when the New York State matching grant offer of $18,889 is received, it also be accepted and the County Administrator is authorized to execute the required documents. SEQR ACTION: TYPE II -16 111 April 16, 1996 RESOLUTION NO. 100 - APPROPRIATION OF 1996/1997 BUDGETS FOR THE ITHACA- TOMPKINS COUNTY TRANSPORTATION COUNCIL MOVED by Mr. Evans, seconded by Mr. Winch, and unanimously adopted by voice vote under the consent agenda. WHEREAS, Tompkins County serves as the Host Agency for the Ithaca -Tompkins County Transportation Council, the Metropolitan Planning Organization for the Ithaca -Tompkins County area, and WHEREAS, the County has a contract with the New York State Department of Transportation to provide funding for the Ithaca -Tompkins County Transportation Council through grants provided by the Federal Highway Administration and Federal Transit Administration, and WHEREAS, the Ithaca -Tompkins County Transportation Council has grant authorizations for its 1996/1997 fiscal year, beginning April 1, 1996 and ending March 31, 1997, in the amounts of $117,993 from the Federal Highway Administration and $30,406 from the Federal Transit Administration, and WHEREAS, Policy Committee of the Ithaca -Tompkins County Transportation Council has adopted Resolution No. 96-6, Approving the 1996-1997 Ithaca -Tompkins County Transportation Council Operating Budget, which requests that the Host Agency (Tompkins County) take the appropriate actions to implement said operating budget, now therefore be it RESOLVED, on recommendation of the Transportation Services and Facilities Committee, That the budgets for the Ithaca -Tompkins County Transportation Council, as presented in "Attachment A" to this resolution, be amended in the 1996 Tompkins County Budget and that the County Finance Director be authorized to expend such funds for the period from April 1, 1996 through March 31, 1997. SEQR ACTION: TYPE II -15 Appointment(s) Approved Under the Consent Agenda It was MOVED by Mr. Evans, seconded by Mr. Winch, and unanimously adopted by voice vote, to approve the following appointments under the Consent Agenda: Library Board of Trustees Representing Term Martin A. Shapiro Expiring 12/31/2000 Planning Advisory Board Becky Bilderback John Gutenberger Carl Haynes Cheryl Nickel David Pelletier Sue A. Poelvoorde Housing Transportation Education At -Large At -Large Environment Environmental Management Council Janet Hawkes Town of Ulysses Stop -DWI Advisory Board Sonja Seamon Restaurant - Tavern Expiration to be Determined Expiration to be Determined Expiration to be Determined Expiration to be Determined Expiration to be Determined Expiration to be Determined Expiring 12/31/97 Expiring 12/31/98 Neighborhood Advisory Committee for the Central Processing Facility William Deats Residential/ Neighborhood Expiring 12/31/98 112 April 16, 1996 Withdrawal of Resolution(s) Not Requiring Board Action Chairman Stein gave the appropriate committee chairmen permission to withdraw from the agenda the following resolutions with final committee action being affirmed: CA009-96 - Authorization to Contract with Cornell Cooperative Extension for Consumer Health Workshops - Department of Social Services CA010-96 - Authorization to Contract with the Village of Groton for Circuit Rider Services CA011-96 - Authorizing Execution of Generic Contracts - Public Works Presentation and Report from Tim Joseph. Chairman of Budget and Fiscal Policy Committee Mr. Joseph, Chairman, reported he has been Chairing the Budget Form Task Force in an effort to make the forms more user friendly for those who have to complete them and others who have to read them. He said they have run into a problem of how to include administration costs in the budget in a way that makes them recognizable. He said members of the Task Force have been asking what this Board wants to see on the forms. Mr. Joseph distributed a set of budget forms for the Planning Department to be used as an example in his explanation. He said there is tension in the two goals of having administration costs separated out and trying to get the total for what a whole budgeting unit actually costs. A problem that occurs in the current format is while the total for what a specific budgeting unit actually costs is accurate, the line items are not. He explained that on Part II - Budgeting Unit Summary Form, administrative costs have been added back in but in different ways by different departments (for example, some departments have added administrative costs back in to the supplies and other contractual expense line, while some others may have added some of the costs there, but also back into salaries). This has made the columns in this document look differently than those on Part I - Budgeting Unit Summary Form. He said on the current forms someone can find out how much is spent in departmental administration and how much is spent on budgeting unit administration; however, the forms do not show how much is spent on program administration. The solution that is proposed by the Task Force is to do away with column A on the forms Part I and III and show departments, budgeting units, and/or programs with their administrative costs blended in. It is also proposed to have a line at the bottom of the form near the total that says the amount or percentage that was spent on administration. He said to do this takes away some information. Mr. Joseph asked the board what it is we are trying to find out; are we overloaded with administration? Is administration anything not directly providing service to residents? He noted that several departments are nothing but administration, and gave as examples Finance and personnel. He noted that for staff it is easiest to put a number on departmental administration, less easy to do so for Budgeting Units, and even less clear for programs. He said departments have said trying to figure out how much is spent on copying, for example, has been one of their hardest problems. It was the consensus of the Board to delete the administration column (A) on Part I and III of the budget forms and instead, have a line showing the total amount spent on administration with a percentage figure. It was also agreed that the same kind of breakdown be done in administrative departments. Those departments would be given a definition of their services and will isolate their administrative services from that. Ms. Blanchard asked if there would be an opportunity to have a concurrence with the amount of service that is being charged against a department. Mr. Joseph said he feels the subject of departments charging other departments for services is another issue. Mr. Joseph stated the Committee is continuing to work through the rollover policy. At the next meeting on April 23, Ipek Kursat will be speaking to the Committee about goals and objectives and what it exactly means to have measurable goals and objectives for departments. 113 April 16, 1996 Report and Presentation of Resolution(s) from the Human Services Building Construction Committee RESOLUTION NO. 101 - TO FILE A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE IN REGARD TO THE PROPOSED TOMPKINS COUNTY HUMAN SERVICES BUILDING MOVED by Ms. Mink, seconded by Mrs. Livesay. Mr. Proto stated he will not support this resolution for a number of reasons. He said he has been through several of these for several different projects, and said he does not feel the economic justification for the project has been thoroughly reviewed. He also said he does not consider the existing site on West Hill as being rural. He spoke of the impact on residential property in the neighborhood and said he feels there will be a much greater impact than has been stated to the residents in the area. He said he feels public transportation to the current Biggs site is more than adequate, and the attached documentation implies that public transportation at the proposed site will be better. He said for these and other reasons, he will not support this resolution. A voice vote on the resolution resulted as follows: Ayes - 14, Noes - 1 (Representative Proto). RESOLUTION ADOPTED. WHEREAS, pursuant to the State Environmental Quality Review Act ("SEQRA") a Long Form Environmental Assessment Form was completed to review potential environmental impacts of the proposed Human Services Building, now therefore be it RESOLVED, on recommendation of the Human Services Building Construction Committee, That the construction of the Human Services Building is an unlisted action pursuant to SEQRA, RESOLVED, further, That the construction of the Human Services Building will result in no significant environmental impacts, RESOLVED, further, That the basis for this decision is set forth in the Negative Declaration attached as Exhibit A and incorporated by reference herein. SEQR ACTION: UNLISTED (SEE NEXT PAGE FOR NEGATIVE DECLARATION) 114 April 16, 1996 14-12-7 (2/87)-9c EXHIBIT A SEQR 617.21 Appendix F State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination of Non -Significance Project Number not applicable Date March 19, 1996 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation law. The Tompkins County Board of Representatives, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Tompkins County Human Services Building SEQR Status: Type I ❑ Unlisted 0 Conditioned Negative Declaration: Yes 0 No Description of Action: Tompkins County proposes to construct an office building and related parking in the City of Ithaca. The proposed structure is a four-story, approximately 64,000 square foot office building. The affected sites are not vacant. Several buildings at the primary building site will need to be removed. These include six residential and three non-residential buildings. The proposed parking site is currently a vacant service station. The proposed building would be used by the County's Department of Social Services, Probation Department, Youth Bureau, and Central Services, as well as by the Tompkins Employees Federal Credit Union. These agencies are presently located in Building A of the Biggs Complex in the Town of Ithaca. Why this proposal? The building which currently houses these departments does not meet work environment or service delivery needs. A building location in the City of Ithaca is proposed, in part, to provide for easier access to services for the clients of these Departments. An estimated 40 percent of the clients of these departments currently reside in the City of Ithaca. Location: (include street address and the name of the municipality/county. A location map of appropriate scale is also recommended.) The proposed building would be located in the City of Ithaca in the 300 block of West State Street, within the block bounded by West State, North Plain, West Seneca, and North Albany Streets. A non-contiguous parcel is proposed to be developed for parking. This parcel fronts on the 200 block of West Seneca Street. Please refer to Figure 1. 115 April 16, 1996 SEQR Negative Declaration Page Two Reasons Supporting This Determination: (See 617.6(g) for requirements of this determination; see 617.6(h) for Conditioned Negative Declaration) During the development of this project proposal, the County has worked with employee groups, the City of Ithaca and neighborhood groups to identify and address concerns and impacts. Through this approach and through the preparation of the Full Environmental Assessment Form, the identified important potential impacts are: existing environmental hazards, traffic and parking, development patters, and construction activities. These impacts and related mitigation measures were assessed in the Full Environmental Assessment Form and related documentation. The conclusions are summarized here: Existing Environmental Hazards were identified in the Environmental Site Assessment conducted by Gaynor Associates. That assessment found leaking underground storage tanks, a hydraulic lift pit, floor drains, a vent pipe, and asbestos in building materials. These will all be removed as required by the New York State Department of Environmental Conservation. This removal of existing hazardous material will have a positive impact on the environment. Traffic generated by the project was estimated at 824 daily trips, 131, during the peak morning hour. These trips will add to existing traffic on West State Street and West Seneca Street; however, a Level of Service B will be maintained on these streets. Secondary impacts in surrounding neighborhoods will be minimal during the morning peak hour as employees seek parking. Access driveways on the site will be designed to minimize impact on traffic flow; the County will extend its program encouraging carpooling and transit usage to employees of this facility. Parking demand generated by the project was estimated to be 204 spaces. Within the West State Street corridor, the City's development regulations do not require the provision of off-street parking. The County will develop 53 on-site parking spaces and approximately 90 spaces in a new lot, one block away. The City has agreed to make 20 spaces available in the parking lot immediately across State Street if needed. Additional on -street parking is available, as demonstrated by surveys conducted by County staff in the vicinity of the project site. Development patterns will be impacted by this project. The West State Street corridor should be revitalized by this project, as additional businesses locate in this area to serve the population of over 200 employees. Commercial enterprises on the Commons and along Route 13 should benefit as well. These impacts are seen as desirable by City officials. Construction -related activities will impact the area. Noise during . demolition and construction will exceed the local ambient noise levels. Other construction impacts will include brief disruptions in traffic, and slight elevations in air -borne dust and vibrations. These impacts will all be temporary, abating once construction is complete. If Conditioned Negative Declaration, provide on attachment the specific mitigation measures imposed. For Further Information: Contact Person: Address: Telephone Number: For Type I Actions and Conditioned Negative Declarations, a Copy of this Notice Sent to: Commissioner, Department of Environmental Conservation, 50 Wolf Road, Albany, New York 12233-0001 Appropriate Regional Office of the Department of Environmental Conservation Office of the Chief Executive Officer of the political subdivision in which the action will be principally located Applicant (if any) Other involved agencies (if any) 116 April 16, 1996 Ms. Mink reported the Committee met this morning and continues to meet every two weeks. The schematic design process is almost complete. RESOLUTION NO. 102 - ADOPTION OF DETERMINATION AND FINDINGS PURSUANT TO EMINENT DOMAIN PROCEDURE LAW WITH RESPECT TO PROPOSED TOMPKINS COUNTY HUMAN SERVICES BUILDING PROJECT AND DIRECTING CLERK TO PUBLISH SYNOPSIS MOVED by Ms. Mink, seconded by Mrs. Schuler. A roll call vote resulted as follows: Ayes - 14, Noes - 1 (Representative Proto). RESOLUTION ADOPTED. WHEREAS, this Board duly conducted a public hearing pursuant to Section 201 of the Eminent Domain Procedure Law on April 2, 1996, regarding the proposed Human Services Building, now therefore be it RESOLVED, on recommendation of the Human Services Building Construction Committee, That this Board hereby adopts, pursuant to Section 204 of the Eminent Domain Procedure Law, the Determination and Findings set forth in Exhibit A annexed hereto, RESOLVED, further, That the Clerk of this Board of Representatives is hereby directed to publish the synopsis of said Determination and Finding, annexed hereto as Exhibit B, pursuant to section 204 of the Eminent Domain Procedure Law in two successive issues of the Ithaca Journal. SEQR ACTION: UNLISTED - See separate SEQRA resolution Determination & Findings of the Tompkins County Board of Representatives pursuant to §204 of the Eminent Domain Procedure Law with respect to the proposed Human Services Building In connection with the proposed Human Services Building, a public hearing was held April 2, 1996 in accordance with Article II of the Eminent Domain Procedure Law (EDPL). All testimony written and received from these public hearings has been reviewed, made part of the record, and afforded full consideration. Pursuant to EDPL §204, the Board of Representatives of the County of Tompkins makes the following determination and findings concerning the proposed project: 1. The Public Use, Benefit, and Purpose to be Served by the Project EDPL §204 (B) (1) The purpose of this project is to construct a new centrally located, energy, space and program delivery efficient building from which the services of the Probation Department, Department of Social Services and Youth Bureau can be provided to the residents of Tompkins County. The Department of Social Services provides services to those who are unable to meet their needs while encouraging opportunities for independence. The main programs include Public Assistance, Medicaid, Food Stamps, Special Services, Fraud Investigation, Children's Services, Adult Services, Long Term Care and Child Support Enforcement. The Probation Department provides the community with mandated and voluntary criminal and family court services which reduce reliance on incarceration and the courts by attempting to assess risk factors, monitor behaviors, and facilitate the rehabilitation of individuals in a manner which promotes personal responsibility, improved family functioning and public safety. The Youth Bureau enables young people to develop into healthy adults who are capable of making positive contributions to a multi cultural society by focusing on comprehensive and community planning, inter -agency coordination, education and training of volunteers, supporting 10 local youth commissions and funds and, monitors 25 not for profit organizations. 117 April 16, 1996 Over the past four years Tompkins County has been evaluating the effectiveness with which it provides human services to the public at large. The findings of many studies conclude that most members of the public will benefit from the construction of a new facility in a central, downtown location. • The clients will benefit because they can access different human services in one location that is more accessible than the current Biggs Complex (40% of the clients reside in the City), and because they can transact business in a location more convenient to other County, City , and Human Service Coalition agencies, and public transportation. • The general public will benefit because the delivery of programs will take place in an efficient office building rather than the space and energy inefficient Biggs Building A, resulting in a more cost effective use of time, space, and tax dollars. • The general public will also benefit from the construction of this new building because it will provide the community with a centrally located facility designed and equipped to handle additional public functions during evening and weekend hours. 2. Project Location and Reasons for Selection of that Location EDPL §204 (B) (2) The new building is to be constructed at a downtown site located on the block surrounded by State Street, Seneca Street, Plain Street and Albany Street. It effectively crosses through the block from State Street to Seneca Street. Additional off-street parking will be provided one block east of the building site, in the 200 block of State and Seneca Streets. The location was selected based on an analysis of 24 sites which fall into three categories: downtown, within the City but not in the CBD, and rural. The sites were narrowed using the following criteria: • Access to public transportation, pedestrian routes, and County administration; • proximity to clients, other human service agencies and retail; • parking; • security; • expandability; • constructability; • image; • environmental quality; • adaptability; and • cost The analysis concluded that the 300 block of West State and Seneca Streets met the criteria and was in keeping with the Master Plan for the City of Ithaca. The final round of the analysis configured the building on the block in such a way as to have minimal impact on existing business and limit the impact on residential property. 3. General Effect of the Project on the Environment EDPL §204 (B) (3) The County is the "lead agency" responsible for carrying out the State Environmental Quality Review process. The City of Ithaca is not a permitting agency, but has been an interested agency and has participated in the SEQR review process. The project is an Unlisted action and a full Environmental Assessment form has been completed and duly filed. The assessment has identified the following impacts as having potential significance: 118 April 16, 1996 a. Existing Environmental Hazards As part of the demolition phase of this project, the following environmental hazards will be removed from the site: asbestos containing materials, buried tanks and contaminated soils as required by the New York State Department of Environmental conservation (DEC). A full remediation plan will be developed in consultation with the DEC during the permit application. b. Traffic and Parldng Traffic will increase in the vicinity of the projects by an estimated 825 vehicle trips per day. This increase can easily be handled by the existing highway infrastructure. The new building will require 230 parking spaces. The current infrastructure can accommodate nearly 140 cars with the remainder being provided through new construction of off street parking. c. Public Safety The public safety concerns are raised by employees and residents. The first is raised by employees concerned about their safety in the neighborhood. The City has taken steps to address this problem by providing Community Policing and organizing neighborhood efforts to improve public safety. The County will provide space in its new building for the police office. The second concern is about the impact of attracting DSS and Probation clients into a neighborhood. The efforts of the City will also mitigate this concern. The City and County are also working together on a plan to improve street lighting and other measures which will improve safety. d. Construction Activities Noise during demolition and construction will exceed the local ambient noise levels for outside noise of structures. Although blasting is not expected to be necessary, there will be noise generated by normal demolition and building construction activities. Other temporary construction impacts will include brief disruptions in traffic, and slight elevations in air borne dust and vibrations. All these construction -related impacts will begin in the summer of 1996 with the demolition of existing structures and environmental remediation efforts. Construction, and its related impacts, will end by November 1997. 4. General Effects of the Project on Residents and Commerce in the Locality EDPL §204 (B) (3) The parcels on which the project is to be located are zoned B-5, which permits general commercial, offices, and retail uses. These types of uses dominate the area. Residential units are located on the Seneca Street side of the site and commercial units are located on the State Street side. The project will affect both residents and commerce as follows: • • • The removal of five residential and three non-residential buildings. - Tompkins County is working directly with landlords to identify other properties to which tenants could be relocated. The Special Services unit of DSS is working with all displaced tenants (not just clients) to assist them with relocation costs. Commercial tenants are also being provided with relocation assistance. The revitalization of a somewhat depressed area of the State Street corridor.- This project will result in bringing a large population into the central area of the City; contributing to the vibrancy of downtown and serving as an inducement for new business. Increased parking and traffic to the area. More than 200 workers will be visiting the downtown area on a regular basis with the construction of this new building. Traffic will be increased in the area and will be handled effectively by the existing infrastructure and benefit from the City's State Street improvement plans. Parking will be affected by 119 • April 16, 1996 increased demand but will be handled by the construction of new lots both on the site and on the block 14, in keeping with the City's future parking plans. Improved service delivery to clients. The most significant impact of the project is service delivery to the clients of the provided human services. The new location will lessen the burden placed on them to get to the services. Transportation is more available into the city than other county locations, many clients would be able to access services by walking and transferring of buses would be reduced. 5. Other Relevant Factors EDPL §204 (B) (4) At the public hearing conducted on April 2, 1996 remarks were presented by six individuals, one of whom works for a current landowner, and two of whom own parcels on the project site. One member of the public suggested that the County conduct a public referendum. She also expressed concern about removing tax paying parcels from the tax rolls and questioned whether the project was a good use of County funds. She also stated that the City of Ithaca was becoming more urbanized. Another member of the public expressed concern that the project was not fmancially sound because it would lower the tax base and because the requirements for services were going down. He also said that the project will result in people being forced to move. He suggested the establishment of an independent audit committee. An employee of the property owner who owns parcels 71-2-6, 71-2-7, 71-2-8, 71-2-9 and 71-2-16 (which includes residential rental properties) stated that the County needed a more definite plan as to the position and location of the building. He also stated that the tenants in the buildings were not tenants of the Department of Social Services and that it was not involved in relocating them. The owner of parcels 71-2-3&4 and 71-2-5 said that he is both a landlord in the area and that he lives nearby. He stated that the project would have a positive result on the area and be a boon to the tax base. He said he looked forward to a better neighborhood and that he didn't see any downside to the project. He said that he had been able to relocate all of his affected tenants and expected that the other landlord affected by the project would also be able to relocate his tenants. The owner of parcels 71-2-6, 71-2-7, 71-2-8, 71-2-9 and 71-2-16 stated that the project created the need to relocate only 34 tenants, not a larger number as suggested by a prior speaker. He stated that the project would cut into his net income but in the long run it should help him and other landlords. A final speaker said that she was concerned about low income people and that it was important to have adequate low income rental apartments. She stated that she hoped the County would consider the effect of the project on the available low-income rental space which she believes are scarce. In summary, there was some public input at the public hearing, but few new issues were raised. To the extent that concerns were raised by the public they have been considered by the Board in determining whether to exercise its power of eminent domain to implement the project. The action is not subject to referendum and the Board has thoroughly considered the economic justification for the project as well as its implications for the tax base and on the community. DETERMINATION Based on the consideration of the foregoing, it is hereby determined that the County of Tompkins should exercise its power of eminent domain to implement this project. Exhibit B Synopsis of Determination & Findings by the Tompkins County Board of Representatives pursuant to Eminent Domain Procedure Law with respect to the proposed Human Services Building 120 April 16, 1996 PLEASE TAKE NOTICE, that pursuant to Eminent Domain Procedure Law §204, the Tompkins County Board of Representatives, by Resolution No. 102 of 1996, rendered its determination and findings with respect to the proposed Human Services Building project. A complete copy of said determinations and findings may be obtained at no charge upon making a written request to the undersigned. The following is a synopsis of said determination and findings. Synopsis The proposed project calls for the construction and operation of a four story, 64,000 square foot office building and at grade parking lots for approximately 90 cars. The building is to be constructed at the preferred site located on the block surrounded by State Street, Seneca Street, Plain Street and Albany Street. It is to be centrally located within that block and effectively crosses through the block from State Street to Seneca Street. The parking lot is to be constructed on two parcels located within the 200 block of State and Seneca Streets, one block east of the building site. The immediate land acquisition needs for the building, its parking, and the auxiliary parking lot are comprised of five residential units, four non- residential units and one parking area. These parcels are best identified as City of Ithaca tax map parcels 71-2-3, 71-2-4, 71-2-5, 71-2-6, 71-2-7, 71-2-8, 71-2-9, 71-2-16, and 71-2-17 (for the building) plus 71-3-1 and 71-3-6 for the parking lot. The project will serve a public use, benefit and purpose by providing a Human Services program delivery system and facility that is administratively manageable, and easily accessible to clients and employees. It will provide an efficient collection of services located on a site large enough to house these related County departments. It will reduce multiple service destinations for clients and be located in close proximity to other human service agencies, both public and private. The Department of Social Services, Probation, Youth Bureau, Credit Union and Central Services will all be in one location that is much more accessible than the current Biggs Complex. The new facility will be more convenient to public transportation and more convenient to the majority of the client base (40% reside in the City). The preferred site for the construction of this project was based on extensive analysis of many sites. The location was selected based on the Board of Representatives conclusions that the County would best be served from a central, downtown location. A downtown location is most convenient to the client base, transportation, pedestrian traffic, other businesses and other County agencies. Findings concluded that the specific site could provide for construction of the total square footage needed, and was in keeping with the City of Ithaca's master plan for development and parking. Pursuant to the State Environmental Quality Review Act, a full Environmental Assessment Form has been completed which identifies potential impacts on the neighborhood, business, traffic and parking. The findings of that report were adopted by a Board of Representative vote on April 16, 1996. The project will change the character of the neighborhood, displace some residents and increase parking demands in the city. Detailed analysis is available in the report filed in the Tompkins County Planning Department. Based on the foregoing, the Tompkins County Board of Representatives determined that the County should exercise its power of eminent domain to implement the project. Report and Presentation of Resolution(s) from the Governmental Operations and Administration Committee Mr. Lane, Chairman, introduced Jacqueline Kippola, Contracts Coordinator. Ms. Kippola, along with other members of the Contracts Team, gave the Board a presentation on the results of that group's total quality management effort. RESOLUTION NO. 103 - DELETION OF EXISTING ADMINISTRATIVE POLICY 01-10, CONTRACTS, IN ITS ENTIRETY AND ADOPTION OF REWRITTEN POLICY 01-10 121 April 16, 1996 MOVED by Mr. Lane, seconded by Ms. Blanchard, and unanimously adopted by voice vote. WHEREAS, the Leadership Council established a team of employees from several County departments to analyze in detail the existing process of handling and approving County contracts and to recommend improvements, and WHEREAS, this team has developed an "EZ Contract" form and process to be used in cases where funds are in the budget, a pre -approved vendor is selected, the standard contract form can be used, and the term of the contract is for one year or less, now therefore be it RESOLVED, on recommendation of the Governmental Operations and Administration Committee, That existing Administrative Policy 01-10 is deleted in its entirety and rewritten Policy 01- 10, Contracts Part A, addressing when contracts are needed and the "EZ contract" process, is adopted, with the understanding that additional language will be recommended by that committee in the near future to address the contracts policy with respect to bids and requests for proposals, and with the thanks of this Board to the employees and the Board members who served on the Contracts team and its Guidance Team. SEQR ACTION: TYPE II -15 Mr. Lane reported the Committee has met twice since the last Board meeting, once on April 8, and again yesterday. The Committee has been focusing on the ethics law. He said the Committee is also trying to continue to tour departments which they have jurisdiction over, and recommended that other committees do this as well. A proposed Rule of the Board that would have the Board committees operate and vote under the same rules as the full Board has been withdrawn, and is expected to come before the Board next month. Mr. Lane said there was also discussion concerning whether the various advisory boards and committees should be handled differently. He said a majority of the Committee felt the appointments should be continued to be done in executive session, both discussion and appointments, before they are presented to the Board as a whole. Mr. Lane said the towns and villages will be surveyed to see if there is any interest in moving towards the establishment of a situation where they could participate in the County's self-insurance pool for worker's compensation and other insurance. Mr. Lane said the Committee spoke with Donald Franklin, Director of Assessment, to see whether there should be a County -wide reevaluation. The Committee received a proposed timetable for this if it were authorized. Mr. Lane said if it were authorized this year, it would not be done until 1999, and the first tax roll that would have the new valuations on it would be the year 2000. He said the Committee did not make a decision, they will be asking for more information from the Assessment Department. RESOLUTION NO. 104 - AUTHORIZATION TO EXECUTE QUITCLAIM DEED - TOWN OF DRYDEN PARCEL 36-1-2.46 AND 36-1-2.52 TO NEFF PRIOR TO PUBLIC AUCTION OR SALE MOVED by Mrs. Livesay, seconded by Mr. Evans. Mr. Lane stated he has represented the individuals named in this resolution in his private legal practice, and requested permission to abstain from voting on this resolution. Chairman Stein granted Mr. Lane permission to abstain. A voice vote resulted as follows on the resolution: Ayes - 14, Noes - 0, Abstentions - 1 (Representative Lane). RESOLUTION ADOPTED. RESOLVED, That the County Administrator is authorized to execute a quit claim deed conveying the Town of Dryden tax parcels 36-1-2.46 and 36-1-2.52, acquired by the County through 1995 tax foreclosure, back to the previous owners Richard and Mary Jane Neff upon payment of all back taxes, penalties, interest and fees. SEQR ACTION: TYPE II -15 122 April 16, 1996 RESOLUTION NO. 105 - AUTHORIZATION TO EXECUTE QUITCLAIM DEEDS - SALE OF FORECLOSURE PROPERTIES AT PUBLIC AUCTION OF MARCH 18, 1996 MOVED by Mr. Lane, seconded by Mr. Proto. It was MOVED by Mr. Lane, seconded by Mr. Proto, and unanimously adopted by voice vote, to separate this resolution by taking out the property listed as Dryden, 29-1-4.2, 514 West Dryden Road, and voting on it as a separate resolution. A voice vote on the resolution resulted as follows: Ayes - 15, Noes - 0. RESOLUTION ADOPTED. WHEREAS, by tax foreclosure proceedings, the County acquired certain parcels in the County, and WHEREAS, said properties were sold at public auction on March 18, 1996, now therefore be it RESOLVED, That upon payment in full of the bid price, plus current taxes and fees, that the County Administrator be and hereby is authorized to execute quitclaim deeds for all parcels sold at the public auction, as follows: TOWN TAX PARCEL PROPERTY ADDRESS SOLD TO City of Ithaca 128.-3-2 641 Spencer Street Cathleen and Bruno Schickel Danby 7.-1-45 East Miller Road Sczepanski Farms Dryden 30.-1-30.42 Sheldon Road Doug Gillogly Dryden 52.-1-54 Hall Woods Road Iris Linda Goldfarb Dryden 61.-1-6 Lake Road James and Joyce Damery Dryden 68.-1-29.14 Genung Circle Robert and Suzanne Kay Enfield 9.-2-3 1690 Mecklenburg Rd. Michelle Wright Groton 19.-1-2.1 903 Clark Street Stanley Lukaszewicz Groton 39.-1-2.4 89 Cemetary Lane Betty Berggren Ithaca 40.-1-1 Pittman Circle Kathleen and Bruno Schickel Lansing 17.-1-17.2 Salmon Creek Road Claes Nyberg Newfield 17.-4-1 105 Bank Street Betty Berggren Newfield 25.-1-3 Starks Road Robert Maycumber SEQR ACTION: TYPE II -15 RESOLUTION NO. 106 - AUTHORIZATION TO EXECUTE QUITCLAIM DEEDS - SALE OF FORECLOSURE PROPERTIES AT PUBLIC AUCTION OF MARCH 18, 1996 (POSTPONED TO MAY 7, 1996 AND ADOPTED) MOVED by Mr. Lane, seconded by Mr. Evans. It was MOVED by Mr. Lane, seconded by Mr. Evans, and unanimously adopted by voice vote, to postpone this resolution to the next meeting. RESOLUTION NO. 107 - RESCISSION OF ADMINISTRATIVE POLICY 01-07, CENTRAL SERVICES MOVED by Mr. Lane, seconded by Mr. Meskill, and unanimously adopted by voice vote. WHEREAS, Administrative Policy 01-07 deals only with procedures and not with policy, now therefore be it RESOLVED, on recommendation of the Governmental Operations and Administration Committee, That the following. Administrative Policy is hereby rescinded: 01-07 Central Services 123 SEQR ACTION: TYPE 11-15 April 16, 1996 Report and Presentation of Resolution(s) from the Transportation Services and Facilities Committee Ms. Blanchard, Chair, reported the Committee met April 3, and heard a report from Arel LeMaro, Buildings and Grounds Supervisor, in regard to the Courthouse security project which has been on hold for several months. She said the Committee will meet April 17, and will be discussing Courthouse parking. She said a proposal will be coming forward that will increase the number of spaces allotted to Board members and staff. She announced the Forest Home Bridge has gone out to bid, and the results are expected by April 30. The Committee also reviewed the sign/sculpture that is proposed to be installed on the median on Brown Road. She said this is a joint project between the County and the Business and Technology Park. She reminded Board members the tour of public works projects in the County will be held on May 4 at 8 a.m., and urged members to attend. Ms. Blanchard reported the Name -the -Bus Contest has ended, and the winner will soon be selected and announced. RESOLUTION NO. 108 - REPAIRS TO COUNTY HIGHWAYS ON FEDERAL -AID SYSTEM UNDER THE FHWA EMERGENCY RELIEF PROGRAM MOVED by Ms. Blanchard, seconded by Mr. Evans, and unanimously adopted by voice vote. WHEREAS, flooding on January 19, 1996, caused damage to County roads on the Federal -Aid System, and WHEREAS, the subsequent disaster declaration provides for relief under the Federal Highway Administration (FHA) Emergency Relief Program, and WHEREAS, the New York State Department of Transportation (NYSDOT) and the Federal Emergency Management Agency (FEMA) reviewed the damage and have agreed that Tompkins County will be reimbursed the entire cost of necessary repairs, estimated at approximately $150,000, and WHEREAS, NYSDOT now requires a County Board Resolution to accompany and finalize the agreement signed on February 1, 1996, by the County Administrator's designee, and WHEREAS, the County will perform or cause to be performed all necessary emergency repairs and permanent repairs in agreement with the NYSDOT, now therefore be it RESOLVED, on recommendation of the Transportation Services and Facilities Committee, That the County Administrator be and is hereby authorized to sign such Agreement. SEQR ACTION: TYPE II -15 RESOLUTION NO. 109 - AWARD OF BID - TOMPKINS COUNTY MENTAL HEALTH - RENOVATIONS MOVED by Ms. Blanchard, seconded by Ms. Davis, and unanimously adopted by voice vote. WHEREAS, the Department of Finance - Purchasing, has duly advertised for bids for the Tompkins County Mental Health Building HVAC Renovations, and WHEREAS, six (6) bids were received and publicly opened on Thursday, March 28, 1996, now therefore be it RESOLVED, on recommendation of the Transportation Services and Facilities Committee, That the bid be awarded to Rainbow Sheet Metal, Inc., of Endwell, New York as the lowest responsible bidder with a lump sum of $38,139, 124 April 16, 1996 RESOLVED, further, That a budget of $10,000 be established for change orders, staff services and miscellaneous expenses and that the County Administrator be authorized to execute change orders of up to ten percent (10%) of the contract total, RESOLVED, further, That the Department of Public Works be authorized to implement this bid and Administration be authorized to enter into a contract with Rainbow Sheet Metal, Inc., on behalf of the County funds being available in Account No. HB1643.9239. SEQR ACTION: TYPE II -15 Report from the Human Services and Human Resources Committee Mrs. Livesay, Chair, reported the Committee met on April 3, and had a presentation by Lauren Austin on her activities as Director of Human Rights. The Committee also had an update on activities of the Human Services Coalition by Margaret Dill, Executive Director, and also a presentation on children at risk by Mary Pat Dolan, Commissioner of Social Services. Mrs. Livesay said the Committee is looking at ways in which County employees who work in extremely difficult situations will get appropriate feedback and demonstration of support by this Board and the community. Mrs. Livesay said the Committee met yesterday and conducted staff evaluations. She requested an executive session to discuss those evaluations and also Sheriff's Department negotiations. The next meeting will be May 8. Report from the Public Safety Committee Mr. Meskill, Chairman, stated the Committee received a proposal from Gordon Stevens, Jail Administrator, regarding enlargement of the Jail. He said the Committee is in the investigative mode of that request right now, and there will be a presentation at Criminal Justice Advisory/Alternatives to Incarceration Board next Monday, April 22. He said E911 continues to move forward. He reported a letter was received from a Public Service Commission attorney regarding non -published numbers, and Henry Theisen, County Attorney, is looking into this. He reported he met with the City Board of Fire Commissioners in relation to E911 and other issues, and there was a good exchange of information at that meeting. Report from the Planning, Community Development and Education Committee Mrs. Schuler, Chair, reported the Committee met April 9, and a lot of the business conducted at that meeting is reflected on the agenda. She said the Committee approved an extension of the contract with the Town of Enfield for a Circuit Rider, and also authorized a contract with the Village of Groton for a Circuit Rider. The Committee also received an update given on Virgil Creek. She said there was also discussion by the Committee on the County's land inventory, and the Planning Department is working to compile information on the County's land holdings. Mrs. Schuler announced the inauguration of the third President of Tompkins Cortland Community College will be held April 26 and 27. She said there will be an exhibit beginning April 19 at Clinton House of the 1996 Community Arts Partnerships fellowship artists. Report and Appointment(s) from the Solid Waste and Recvclin2 Committee Mr. Todd, Chairman, reported the Committee will meet April 17 at 10 a.m. Appointment Mr. Todd requested that because information was not distributed to the Board with the agenda for this meeting, that the Rules of the Board be waived to allow the following 125 April 16, 1996 appointment to be made. The Board concurred with allowing the Rules of the Board to be waived. It was MOVED by Mr. Todd, seconded by Ms. Kiefer, and unanimously adopted by voice vote, to appoint William E. Deats to the Neighborhood Advisory Committee for the Commercial Avenue Central Processing Facility representing Residential/Neighborhood for a term to expire December 31, 1998. Report from the Health and Environmental Ouality Committee Mr. Evans, Chairman, reported the Committee met briefly before this meeting and directed the Planning Department to send in letters of intent for FEMA money. One letter is for $150,000 to be used mostly for correction of problems in streams. The second letter is for $70,000 for education in the County and towns to mitigate hazards on highways. He said the Committee was given a report on the Six Mile Creek bank protection program. This report will be placed on file with the Clerk of the Board. The Health Department met and received the recommendations from the Committee chaired by Representative Blanchard, that negotiated for approximately nine months with the Homebuilders to change and implement Section 6 of the Sanitary Code. He said the Board of Health received those recommendations, appointed a committee to review them, and there should be action on these in the near future. The next meeting will be April 25 at 9:30; however, the Committee will meet at 9 a.m. with the Planning, Community Development and Education Committee, to hear a report from Charles Schlough on farmland use in Tompkins County. Report from the Economic Development Committee Ms. Mink, Chair, had no report. Report from the Charter Review Committee Mr. Lane, Chairman, had no report. Report from the Leadership Council Ms. Mink, Chair, reported at the next meeting on May 2, the Council will have a presentation from the second completed quality improvement team - phone team from the Department of Social Services. She stated she is working on setting up a third Board retreat for the purpose of turning some of the goals that have been discussed into measurable objectives. The hope is to define policy goals for the Board and then ask departments how to measure those kinds of goals. She said written confirmation will be sent to all Board members. Report from the Rural Affairs Committee Mr. Proto, Chairman, urged Board members to attend the joint meeting of the Health and Environmental Quality Committee and the Planning, Community Development and Education Committee on April 25 to hear the report by Charles Schlough on the economic impact of agriculture on the community. Report from the Electronic Future Committee Mr. Evans, Chairman, reported the Committee met April 5, and will meet again on April 29. He said he expects a preliminary report will be available in mid-July. 126 April 16, 1996 Report from the Public Information Committee Mr. Joseph had no report. Approval of Minutes of April 2, 1996 It was MOVED by Mr. Totman, seconded by Ms. Mink, and unanimously adopted by voice vote, to approve the minutes of April 2, 1996, as submitted. MINUTES APPROVED. Recess Chairman Stein declared recess from 7:50 p.m. to 7:55 p.m. Executive Session It was MOVED by Mrs. Livesay, seconded by Mr. Joseph, and unanimously adopted by voice vote, to enter into executive session for the purpose of discussing personnel matters and negotiations at 7:55 p.m. The meeting returned to open session at 8:55 p.m. Adjournment On motion the meeting adjourned at 8:55 p.m. 127 April 30, 1996 Special Meeting Called to Order Chairman Stein called the special meeting to order at 5:30 p.m. Pledce of Allegiance to the Flag and Roll Call of Members Members and guests participated in the Pledge of Allegiance to the Flag. Present: 10 Representatives (Representative Kiefer arrived immediately following the roll call of members). Excused - 5 (Representatives Blanchard, Livesay, Mink, Proto, and Todd). Executive Session It was MOVED by Mr. Winch, seconded by Mr. Joseph, and unanimously adopted by voice vote by members present, to enter into executive session at 5:32 p.m. to discuss negotiations. The meeting returned to open session at 6:35 p.m. Adjournment On motion the meeting adjourned at 6:35 p.m. 128 May 7, 1996 Regular Meeting Called to Order Chairman Stein called the meeting to order at 5:35 p.m. Pledge of Allegiance to the Flag and Roll Call of Members Members and guests participated in the Pledge of Allegiance to the Flag. Present: 15 Representatives. (Representative Winch was excused at 6:45 p.m. prior to action on Resolution No. 116). Presentation of Proclamation(s) Chairman Stein presented the following proclamations: • May 5-11, 1996, to be Tompkins County Tourism Week, presented to Beverly Livesay on behalf of the Finger Lakes Association; and to Tom King of the Convention and Visitor's Bureau • May 12-16, 1996, to be Hospital Week in Tompkins County, presented to Alan Peterson of the Hospital Board of Trustees • Distinguished Citizen of the Year 1996 - Robert Kenerson Privilege of the Floor by the Public Karen Barden, Town of Caroline, spoke concerning the proposed Human Services Building project. Ms. Barden stated she disapproves of the project because she does not feel the interests of the taxpayers have been taken into consideration. She said there are other constituents in the County who feel the same way and will submit a petition at the next Board meeting signed by County residents, asking that the Board stop this construction project. Kenneth Tillapaugh, Dryden Road, spoke concerning the Tompkins County Recycling and Solid Waste Facility on Commercial Avenue. He stated when the project was first proposed there were concerns about traffic and the cleanliness of the Facility. He stated he has hardly heard any complaints, and the employees at the Facility have always been very helpful and polite to him. Mr. Tillapaugh also spoke of a concrete wall that now exists at the Airport. He said the wall does not allow people to see the larger planes take off, and this is missed. Privilege of the Floor by Board Members Ms. Davis, District No. 2 Representative, reminded the public today is Ithaca School Board election day, and urged members of the public to vote. Mr. Totman, District No. 9 Representative, announced the McLean Fireman's Field Days will be held this weekend. Mr. Lane, District No. 14 Representative, reported on the inauguration of Carl Haynes as the third President of Tompkins Cortland Community College. He said there were a number of Board members present at the ceremony and this is one more reason to be very proud of our community college. 129 May 7, 1996 Mrs. Livesay, District No. 11 Representative, stated she has been doing a lot of traveling recently and stated that in her travels she learned that other communities across the country are facing similar issues that Tompkins County is facing. She said the most positive thing she found is the way people seem to be working together to solve issues in a positive way. Mr. Todd, District No. 6 Representative, stated he visited the Montazuma Marsh and took the drive-thru tour. He stated the geese have hatched and Spring is on its way. Addition of Resolution(s) to the Agenda On motion and duly seconded and unanimously adopted by voice vote, the following resolutions were added to the agenda: Appreciation of Gratitude to Cornell Johnson School of Management Students - Electronic Future Committee Recognition of the Employees' Union of the Tompkins County Sheriff's Department Approval of Agreement Between Tompkins County and the Employees Union of the Tompkins County Sheriff's Department Election of a 20 -Year Retirement, with Additional 1/60th Benefit after Twenty Years According to Article 14-B of the Retirement and Social Security Law for the Sheriff, Undersheriff and Certain Deputy Sheriffs A Resolution Authorizing the Issuance of $572,500 Serial Bonds of the County of Tompkins, New York, to Pay the Cost of the Installation or Reconstruction of Heating, Ventilating and and/or Air Conditioning Systems at Various Buildings of and for Said County Withdrawal of Resolution(s) from the Agenda agenda: Chairman Stein granted permission for the following resolution(s) to be withdrawn from the Increase in Hours of Position, Account Clerk/Typist, Department of Public Works/Highway Division Authorization to Execute Funding Agreement with New York State Department of Transportation (NYSDOT) - Trumbulls Corners Road Bridges (BINS 3314210 and 3367940) Authorization to Execute Funding Agreement with New York State Department of Transportation (NYSDOT) - Renwick Drive Bridge (BINS 3314300) Rescission of Resolution No. 68 of 1993 - Policy Regarding Payment of Costs for Space in County Buildings Chairman's Report and Appointment(s) Chairman Stein announced Catherine Covert, Clerk of the Board, gave birth to a son, Gregory Scott, on May 3, 1996. Mr. Stein apologized for the late start of this meeting. He said his wife retired from her job after 18 years, and he was at her retirement party. Mr. Stein announced annual financial disclosure forms are due May 15, 1996. Appointment(s) Chairman Stein had no appointments. 130 May 7, 1996 Report from the County Administrator Mr. Heyman stated the relationship between County departments and their State counterparts is very important. He said for quite a number of years in the Weights and Measures area, previous Directors have been very frustrated with this. He announced Judy Tynyk, Director of Weights and Measures, is now the President of the New York State Weights and Measures Director's Association, and the cooperation is now outstanding. Mr. Heyman reported he visited Schuyler County, and discussed the subject of having a County Manager form of government. There were approximately 120 people in attendance and there was a very good exchange of information. Schuyler County will be voting on this next week. Mr. Heyman also reported on the following subjects that were discussed at a meeting of County Administrators held last week: five-year forecasting model and performance measurement testing presentation by a private firm; block grants; State funding for the education of preschool handicapped children; quality initiatives in Ontario County (Geneva and Canandaigua); status of the State budget; NYSAC's three main legislative priorities this year - a service improvement project where eight or ten western New York Counties would ban together, get waivers from Social Service regulations, and deliver social services in their own way; unfunded mandates legislation which has passed at the Federal level and in 31 states; and relief in the area of education of handicapped children. Kathy West, Deputy County Administrator, distributed binders containing all budget information that committees will be looking at during the month of May. Ms. West asked that she be made aware of dates and times of all upcoming Committee meetings. Report from the County Attorney Jonathan Wood, Assistant County Attorney, reported he spoke with Senator Seward and Assemblyman Luster's office. They have told him they expect legislation Tompkins County prepared on the Solid Waste Annual Fee to pass. They also said they liked the way this legislation was prepared by Tompkins County, and have decided to use it statewide. Mr. Wood said he was asked whether the Board needed to pass a resolution in support of the legislation because it is home rule legislation. He said it is no longer home rule legislation; therefore, the answer is no. He updated the Board on the status of the transportation legislation, and stated it has passed the Senate, but is held up in the Assembly. He reported the acquisition of properties for the Human Services Building project is moving forward. Ms. Blanchard, Chair, Transportation Services and Facilities Committee, reported there appears to be confusion as to the purpose of the transportation consolidation legislation. She said she just spoke with Assemblyman Luster's office, and was informed there was a small modification to the Transportation Consolidation Bill by the Assembly. She said if this is the case, the Bill will need to go back through the Senate. Report from the Finance Director Mr. Squires reported the County's Annual Report was completed on April 30. The Report includes some of the changes that were suggested by the auditors. He said he distributed a summary of the first quarter report to all Board members, and noted sales taxes are trending above the budgeted figure. Approval of Resolution(s) and Appointments Under the Consent Agenda RESOLUTION NO. 110 - NEW YORK STATE SUPPORT FOR COMMUNITY COLLEGES 131 May 7, 1996 MOVED by Mrs. Livesay, seconded by Mrs. Schuler, and unanimously adopted by voice vote under the consent agenda. WHEREAS, the Board of Representatives of Tompkins County is concerned with the continued delivery of quality education to its constituencies through Tompkins Cortland Community College, and WHEREAS, the Board of Representatives feels that access to higher education for residents of Tompkins County is extremely important, and WHEREAS, the budget for New York State proposed by Governor Pataki contains changes to the funding for community colleges and its students, now therefore be it RESOLVED, That the Board of Representatives requests the State Legislature to: • change the proposed language regarding capital projects so that it clearly reflects that the State would provide a full 50 percent of the cost of capital projects matching the resources made available at the local level; and • restore to the current language the method of calculation of TAP awards and eligibility requirements allowing students to make maximum use of both TAP and PELL funds RESOLVED, further, That State aid to community colleges continue to be made available to the community college on a formula funding (enrollment) basis rather than to provide these funds on a "block grant" basis, RESOLVED, further, That this Board makes available to its Legislative representatives the full testimony delivery by President Carl E. Haynes, to a Higher Education Committee hearing held on March 7, 1996. SEQR ACTION: TYPE II -20 RESOLUTION NO. 111 - AUTHORIZING THE CHAIRMAN OF THE BOARD OF REPRESENTATIVES TO ENTER INTO AN AGREEMENT TO ESTABLISH A PROPERTY VALUE AND BUSINESS INCOME COMPENSATION PROGRAM FOR PROPERTIES NEAR THE TOMPKINS COUNTY RECYCLING AND SOLID WASTE CENTER MOVED by Mrs. Livesay, seconded by Mrs. Schuler, and unanimously adopted by voice vote under the consent agenda. WHEREAS, in February 1991 the County adopted a resolution accepting the principal that negative impacts of the then anticipated Central Processing facility should be compensated for, and WHEREAS, the County Solid Waste Committee has been negotiating the terms of a compensation plan with the Neighborhood Advisory Committee and the City of Ithaca since that time and on September 26, 1995, submitted a proposed program to the City of Ithaca for consideration, and WHEREAS, in March 1995 the Recycling and Solid Waste Center, on Commercial Avenue in the City of Ithaca, began accepting recyclables and solid waste, and WHEREAS, to date, all potential negative impacts of the Recycling and Solid Waste Center have been successfully mitigated, and WHEREAS, the Solid Waste Committee, the Neighborhood Advisory Committee and representatives of the City have agreed to terms of a proposed compensation program which provides for the identification and mitigation of negative impacts and for compensation for damages resulting from identified negative impacts that can not be satisfactorily mitigated, and WHEREAS, on March 6, 1996, the Common Council of the City of Ithaca authorized the Mayor of the City of Ithaca to execute an agreement adopting the proposed program, now therefore be it RESOLVED, That the Chairman of the Board of Representatives is authorized to execute an agreement adopting the attached proposed program. SEQR ACTION: TYPE II -20 132 May 7, 1996 Attachment to Res. No. 111 of 5/7/96 PROPERTY VALUE AND BUSINESS INCOME COMPENSATION PROGRAM FOR PROPERTIES IN THE NEIGHBORHOOD OF AND AFFECTED BY NEGATIVE IMPACTS OF THE RECYCLING AND SOLID WASTE CENTER ON COMMERCIAL AVENUE, ITHACA, NEW YORK Recognizing that, under certain circumstances, the operation of a solid waste facility may have negative impacts on a neighborhood, the County of Tompkins and the City of Ithaca agree to the Program described herein. SECTION 1. PURPOSE OF THE PROGRAM A. To determine whether any negative impacts of the Recycling and Solid Waste Center (hereinafter referred to as "RSWC") identified in exhibit A attached hereto (as may be amended) exist; B. To identify, assess, and measure to the extent feasible any such negative impacts; C. To respond to those impacts in a manner intended to eliminate, minimize and/or mitigate any such negative impacts; and D. To ensure that, to the extent negative impacts cannot be or are not eliminated, property and business owners who suffer financial losses from those impacts are compensated for their losses by Tompkins County in a way that makes them whole but does not result in the business or property owner gaining anything above and beyond the value of their property or business interest if it had not been affected by a negative impact of the RSWC. NOTE: Only actual, verifiable financial loss --and not diminution of quality of life --is covered by this Program. SECTION 2. PROGRAM COVERAGE A. Effective. This Program becomes effective after approval by the Board of Representatives of Tompkins County by resolution, and the City of Ithaca has similarly adopted it. It shall continue in effect for as long as the RSWC is owned or operated by Tompkins County as a facility accepting solid waste or recyclable materials. If the County of Tompkins sells the RSWC to a buyer that will continue to operate the RSWC as a facility accepting municipal solid waste, it will ask the buyer to accept the County's responsibilities under this Program with respect to property and business owners that own their business or property prior to March 6, 1995. For the purposes of this paragraph the operation of a recycling facility which does not accept solid waste (except for incidental amounts ordinarily accompanying recyclable materials) is not a facility accepting municipal solid waste. If the buyer does not agree to accept these responsibilities, then the County and the City will enter into a new Program that will provide similar protection as this Program for the business and the property owners that owned their property prior to March 6, 1995. The County shall cause a bond to be made or otherwise designate or set aside funds to be used for compensation under the new Program and the liability of the County shall be limited to the amount of the bonded, designated or set aside funds. The amount that must be bonded, set aside or otherwise designated shall be in an amount equivalent to 2.5percemt of the total assessed value of the all role section 1 properties in the covered area owned by property owners who own their property prior to 133 May 7, 1996 March 6, 1995. The amount may change over time as property owners sell properties and as property values are reassessed. B. Area covered by Program. A business owner or property owner is covered by this Program only if the business or property is wholly or partly within the area identified as the "covered area" in the map annexed hereto as Exhibit B. Property owned by the County as of March 6, 1995, is not covered even if subsequently transferred by the County, and any business wholly or partly on property owned by the County as of that date is not covered. C. Owners covered by Program. Owners of real property or businesses as of March 6, 1995, shall be eligible to make application for compensation. Properties acquired and businesses started or acquired after March 5, 1995, are not covered unless a significant change in the operation of the RSWC results in a new or altered negative impact which did not exist at the time that the person purchased the property or business. A change of ownership or party operating the facility is not such a change in operation. D. Negative impacts covered by Program. The negative impacts covered by the Program are those listed in Exhibit A, which exhibit may be amended to add additional negative impacts. Additional impacts can be added only in the following manner: If the Neighborhood Advisory Committee (NAC) determines, after reasonable investigation, that a negative impact may exist which is not listed in Exhibit A, it may, by majority vote of its full membership, recommend that the Neighborhood Protection Committee add the identified negative impact to Exhibit A. If, after review of the NAC investigation and/or its own investigation, the Neighborhood Protection Committee determines that the identified negative impact may exist, it may, by majority vote of its full membership, add the identified negative impact of Exhibit A. SECTION 3. SUMMARY OF THE IMPACT, MITIGATION AND COMPENSATION PROCESS A property owner or business owner covered by the Program who believes that his/her property has been negatively affected by a negative impact of the RSWC may bring a claim to the Neighborhood Advisory Committee, which shall investigate the claim and, if it determines that a negative impact exists, it shall, along with the County's Solid Waste Department staff in appropriate cases, attempt to mitigate the impact. If, after allowing a reasonable time for mitigation, the NAC determines that the negative impact has not been mitigated to the degree of satisfactory to the NAC, it shall refer the claim to the Neighborhood Protection Committee (NPC) for further investigation which, in appropriate cases, may include an investigation of financial loss and a recommendation of compensation to be paid to the claimant. SECTION 4. NEIGHBORHOOD ADVISORY COMMITTEE With regard to the Program, the Neighborhood Advisory Committee (NAC) shall have the following responsibilities: A. The NAC is charged with publicizing its existence for the purpose of receiving complaints regarding negative impacts identified in Exhibit A. B. All claims by eligible business or property owners shall be submitted to the NAC in writing specifying the location of the property and the negative impact(s) which the property/business owner claims is adversely affecting the property/business. 134 May 7, 1996 C. Upon receipt of a properly written submission by an eligible property/business owner, the NAC shall cause an investigation to be made in order to determine whether the claimed negative impact exists, and whether it may be adversely affecting said property/business. If the NAC deems it necessary, it may contact the County's Solid Waste Department and request the use of County staff and resources to investigate any such claim. Such use of County resources must be approved by the appropriate committee of the County Board of Representatives. D. If after investigating a claim identified above, or after having investigated a potential negative impact on its own initiative, the NAC determines that a negative impact exists, it shall, with staff assistance from the Solid Waste Department if requested and approved, assess the impact and, to the extent feasible, make objective measurement of the impact and then take measures to promptly lessen or eliminate the identified negative impact. The NAC shall oversee and directly participate in follow-up observation and investigation to determine the success of any mitigation. In appropriate circumstances, the NAC may also request that the appropriate committee of the Board of Representatives engage outside consultants, engineers or other experts for aid in determining the existence of a negative impact or to measure or mitigate such an impact. Responsibility for providing resources to lessen or eliminate negative impacts of the RSWC rests solely with Tompkins County. E. The NAC shall allow a reasonable period of time to mitigate any identified negative impact, which period shall be at least 60 days or such longer period of time as the NAC determines to be appropriate. When and if, and only when and if, an identified negative listed in Exhibit A is not mitigated to the satisfaction of the NAC, allowing for a reasonable period of time to remediate, the NAC shall refer a claim made pursuant to subsection B above to the Neighborhood Protection Committee (NPC) and shall notify the appropriate committee of the Board of Representatives in writing. F. If in response to a claim from a qualifying property owner or business owner, the NAC determines that no negative impact is affecting the parcel or business, or that the negative impact has been sufficiently mitigated, then within 60 days of the determination the owner may file a written appeal with the Clerk of the Board of Representatives. The Board of Representatives can reverse the holding of the NAC and direct the claim be forwarded to the NPC or it can deny the appeal. If the appeal is denied, the claimant may challenge the decision pursuant to Article 78 of the New York State Civil Practice Law and Rules. G. The NAC shall be appropriately funded by the County Board of Representatives. SECTION 5. ESTABLISHMENT AND RESPONSIBILITIES OF THE NEIGHBORHOOD PROTECTION COMMITTEE A. Establishment of the Neighborhood Protection Committee (NPC). 1. Membership. Upon the adoption of this Program, a committee known as the Neighborhood Protection Committee shall be established. The committee shall be comprised of five members -- two of whom shall be appointed by Tompkins County Board of Representatives, and two of whom shall be appointed by the City of Ithaca. No member of the NPC shall own property or a business in the area covered by the Program, nor shall any member of the NAC serve on the NPC. The fifth member of the NPC shall be recommended by the four other members of the Committee and, upon such recommendation, shall be appointed by the Board of Representatives if acceptable to that body. If the four members are unable to agree on a recommendation that is acceptable to the Board of Representatives after 60 days, the task of selecting the fifth member shall be referred to the Chairman of the Board of Representatives and the Mayor of the City of Ithaca, who shall jointly select the fifth member. 135 May 7, 1996 Members of the NPC shall serve three-year, non -staggered terms. 2. Bylaws: The Committee shall submit bylaws to the Board of Representatives for review and approval; all amendments to the bylaws must be in writing and approved by the County Board. 3. Decisions: The Committee shall be empowered to make all decisions described in this Program by majority vote, except that in any instance involving the expenditure of County funds (including but not limited to costs of appraisals, consultants, purchases, loss compensation), the matter must be referred to the appropriate committee of the Board of Representatives, or to the Board itself if no committee has authority to authorize the requested expenditure. Any decision of the NPC to recommend the purchase of real property on behalf of the County in connection with this Program must be referred to the Board of Representatives for action. The NPC may request staff assistance from the Tompkins County Solid Waste Department Financial Analyst or other County staff, and shall receive such assistance if approved by the appropriate committee of the County Board. B. Responsibilities of the Neighborhood Protection Committee. 1. Referrals. The NPC shall receive referrals of claims from the NAC in which the NAC has determined that a property/business owner is suffering from a negative impact of the RSWC that has not been mitigated to the NAC's satisfaction. The NAC must submit any applicable reports and other relevant documentation concerning the claim to the NPC. The NAC must also, in writing, inform any property/business owner whose claim has been referred to the NPC that the owner has the right to apply to the NPC for compensation. The NPC shall also receive claims from the County Board upon the successful appeal of the NAC action by the business/property owner. Upon such referral, the NPC shall notify the owner that it has the right to apply to the NPC for compensation, and shall obtain the relevant documentation from either the County Board or the NAC. 2. Claims. Within 180 days of service of notice that the owner has a right to apply to the NPC, the claimant must provide in writing to the NPC a statement specifying the amount of property or business loss claimed by the claimant, along with the details of the alleged claim. The written claim shall include an explanation of how the negative impact resulted in the loss, and include an explanation of how the amount of the alleged loss was determined by the claimant. 3. Action on claims. Upon receipt of a written claim complying with the requirements of the previous subsection alleging that a property owner intends to sell real property that is adversely affected by a negative impact of the RSWC, the NPC shall follow the procedures outlined in Appendix 1. Upon the receipt of a written claim complying with the requirements of the previous subsection alleging that a claimant has suffered business losses as a result of an identified negative impact of the RSWC, the NPC shall follow the procedures outlined in Appendix 2. 4. Appeals. If, in response to a claim from a qualified property or business owner, the NPC determines that the claimant is not entitled to compensation, the claimant may appeal to the County Board of Representatives by filing a written appeal explaining all relevant circumstances to the Clerk of the County Board. 5. Funding. The NPC shall be appropriately funded by the County Board of Representatives. SECTION 6. APPEALS A. All decisions of the County Board of Representatives regarding a claim are appealable by the claimant, including but not limited to any decision not to follow a recommendation of the Neighborhood 136 May 7, 1996 Protection Committee. All appeals must be made pursuant to the requirements of Article 78 of the New York State Civil Practice Law and Rules. B. Any Decision by the Board of Representatives not to follow a recommendation of the NPC shall state its reasons in a resolution. C. Notwithstanding the foregoing, a property or business owner who accepts compensation under this Program shall have no right to appeal, and shall forfeit all rights to bring any other action in any forum, including but not limited to any court of law for damages resulting from negative impacts of the RSWC. Furthermore, the commencement of an action by a property/business owner in another forum shall terminate all rights of the owner to compensation under this Program. SECTION 7. AMENDMENTS This agreement may be amended with the approval of the Common Council of the City of Ithaca and the Tompkins County Board of Representatives. All amendments hereto shall be in writing. APPENDIX 1 Property Value Protection 1. Upon receipt of a claim (complying with Section 5B of the Program), alleging that the property owner wishes to sell the property and that a negative impact listed in Exhibit A has reduced the property value, the NPC shall determine if the property is actually affected by the claimed negative impact which has not been mitigated to the satisfaction of the NPC. This determination shall be based on its review of all the information before it, including but not limited to the written claim of the claimant, the material submitted by the NAC, and any other preliminary review that the NPC may wish to make, including but not limited to a site inspection. Appraisals 2. If the NPC determines that a property is affected by the identified negative impact, the NPC shall request that the appropriate committee of the Board of Representatives authorize payment for a professional appraisal of the subject property that screens (i.e., excludes) the identified negative impacts of the RSWC. The appraiser shall be instructed to provide the fair market value of the property (the "appraisal value") and to identify whether and to what extent the identified negative impacts of the RSWC have adversely affected the fair market value of the property. The appraiser shall also identify any positive impacts of the RSWC on the fair market value of the property. The appraiser shall determine the value of the "net negative impacts" (the dollar value of the negative impacts less the dollar value of the positive impacts, if any). The appraiser shall also determine a "hypothetical fair market value" of the property, which shall be the appraised value of the property plus the dollar value of the net negative impacts. In other words, the "hypothetical fair market value" will be the value of the property if there had not been any net negative impacts. If the Committee of the County Board of Representatives that authorized the appraisal is not satisfied with the appraisal for any reason, it may allocate funds for another appraisal. In that event, the NPC shall order the second appraisal, replacing the first one, and said second appraisal shall be the NPC appraisal. If the property owner is dissatisfied with the NPC appraisal, the property owner may order a separate appraisal at his or her expense. If this is done, the appraiser must also determine an appraisal value, a dollar value of the net negative impacts, and a hypothetical fair market value in the manner 137 May 7, 1996 described above. If the property owner is dissatisfied with this appraisal, (s)he may order another one to replace it at his/her own expense. If the owner does not order an appraisal within 90 days of receiving a copy of the NPC appraisal, the NPC appraisal shall serve as the appraisal value, the value of the net negative impacts and the hypothetical fair market value. If the dollar value of the net negative impacts in the property owner's appraisal and the NPC appraisal are within ten percent (10%) of one another, all values shall be presumed to be the midpoint of the two appraisals. In the event that the value of the net negative impacts are more than ten percent apart, the owner and the NPC shall attempt to reach agreement on the values. If such an agreement is not reached within 20 days, the NPC and the property owner may agree to conduct a final appraisal by a mutually agreeable appraiser, chosen within ten working days, and shall split the cost. The value of the property, the hypothetical fair market value and the dollar value of the net negative impacts shall be established by this appraiser. In the event the owner and the NPC are unable to agree on an appraiser, the Mayor of the City of Ithaca and the Chairman of the Board of Representatives shall choose an appraiser. 3. If, based on the value determined pursuant to subsection 2, the dollar value of the net negative impacts is zero or less, the protections of this Program shall not be available to the property owner, and all County involvement in the sale shall terminate immediately. If, on the other hand, the dollar value of the net negative impacts is greater than zero, that dollar value shall establish a ceiling for the amount of compensation that the County may pay, and in no event will the County be required to pay more than that amount to the property owner. Attempted Sale 4. a. Except as provided in subsection 4(c) below, the property must be multiple listed (from the time that the appraisal values are established) with a real estate broker licensed under the laws of the State of New York. The broker must agree in the agreement between the seller and the broker that nosales commission will be paid to the broker in the event of the purchase of the property by the County under this Program, unless the County decides not to resell the property prior to expiration of the contract with the broker. b. If the County purchases the property with the intention of reselling, the. County must agree to permit the broker to retain the listing of the property by the County in the event that the listing agreement between the seller and the broker has not yet expired; upon expiration of the listing agreement, the County may list the property with any brokerage it chooses or may choose not to resell the property at that time. If the County decides not to resell the property after the expiration of the contract, it does not have to pay sales commission to the broker. c. The seller may sell the property without it being listed as described in subsection 4(a) above only if (s)he obtains prior written approval of a sales plan from the Neighborhood Protection Committee. 5. The seller must cooperate fully, actively, and positively in all attempts to secure the maximum sales provided for the property or (s)he shall lose the purchase offer protection of this Program. 6. The seller must notify the Neighborhood Protection Committee of any and all written purchase offers received. In order to be assured of protection under this Program, the seller may only accept a purchase offer below the hypothetical fair market value (HFMV) with the approval of the Neighborhood Protection Committee. An owner who receives such an offer must immediately notify the NPC of the offer in writing. The NPC must provide a response to the owner within seven calendar days of receipt of the written request. Any seller who accepts an offer prior to the applicable 7 -day limit does so at his/her own risk. If the NPC does not approve of the sale, the seller may lose all protections of the 138 May 7, 1996 Program. If the seller accepts a purchase offer below the hypothetical fair market value without first obtaining the approval of the NPC, the seller runs the risk that the NPC may determine that he has sold the property for less than he reasonably could have received and compensation may be denied or adjusted accordingly. 7. In the event that an actual sale price is greater than or equal to the HFMV, the owner shall receive no value protection from the County. 8. Upon receipt of a written request by a seller, as described in section 6 above, the Committee may, on its own authority (appealable through its normal appeal procedures), permit the seller to accept a purchase offer below the HFMV, compensation to the seller being subject to approval by the Board of Representatives. In such a case, the NPC shall recommend to said Board that the County pay to the owner the difference between the HFMV and the actual selling price, subject to the ceiling (i.e., the dollar value of the net negative impacts). 9. At any time, the County may elect to pay the owner the dollar value of the net negative impacts pursuant to the appraisal. In this event, the owner must accept the payment in satisfaction of the County's obligation or forfeit all protections under this Program. 10. When a residential property with not more than two living units has been multiple -listed according to the requirements of this Program for a minimum of one year or two years for a commercial/industrial property at a price which the NPC determines to be reasonable after considering the appraisal, the NPC shall recommend that the County purchase the property at the HFMV, less real estate commission, or pay the appraised value of the net negative impacts. Such properties are eligible only if the NPC has determined that the property is affected by a negative impact and the appraisal procedures outlined above have been followed. In the event the County offers to purchase the property, the seller must agree to sell the property at the HFMV, less real estate commissions, to the County in full satisfaction of the County's obligations under the Program or forfeit all protections of the Program. 11. In the event the owner fails for any reason to inform the NPC of any purchase offer described in paragraph 6 above, all County protection to the owner and County involvement in the sale shall terminate immediately unless the County determines that the failure to notify was reasonably excused. 12. In the event the NPC or the County advise an owner to accept a purchase offer with the County agreeing to make the appropriate compensation under this Program, and the owner declines to accept said purchase offer, all County protection to the owner and County involvement in the sale shall terminate immediately unless the County determines that the failure to accept such purchase offer was reasonably excused. 13. If the County determines that purchase of any parcel would pose a significant risk of exposure to liability (for hazardous waste or other potential risk, for example), it may, as with any other parcel, refuse to acquire the property and instead pay the value of the net negative impacts. However, if the relevant appraisal(s) did not take the potential risk into account, the County may, in its own descretion, order that a new or revised appraisal be created in the same manner as the original appraisal (see Section 2 and 3 of this appendix). 14. Any sale to Tompkins County must be by warranty deed and must provide title insurance acceptable to the County Attorney prior to closing. The cost of said title insurance must be within legal limits, and shall be equally divided between the owner and the County. 139 May 7, 1996 15. If the County makes any payment for property value protection for any property (other than for purchasing the property), the dollar value of the net negative impacts and the HFMV in any future determination of values under this Program as to that property shall be reduced by the amount of any and all such prior payments. 16. In the event of any sale (including one not involving the County), the County Attorney's Office must be informed of the scheduling of any closing and given the opportunity to attend if it so chooses. APPENDIX 2 Business Loss Compensation 1. An eligible business owner (whether or not a property owner) shall have the right to apply to the Neighborhood Protection Committee for protection for lost business income, provided that the business use is consistent with City zoning and that the NAC (or the County Board in the case of a successful appeal) has determined that an identified negative impact listed in Exhibit A is adversely affecting the property. Such claims must comply with the requirements of section S.B. of the Program. If a landlord and business tenant both apply for compensation, the NPC shall ensure that its consideration of each claim takes account of the other claim, and that there is no double compensation. 2. Upon receipt of a proper claim from an eligible business owner alleging that an identified negative impact is adversely affecting the business, the NPC shall determine whether the business has likely been adversely affected financially by one or more negative impacts of the RSWC identified in Exhibit A and by the NAC or the County Board in the referral, which negative impact has not been mitigated to the NPC's satisfaction. In making this determination, the NPC may rely on all information before it, including but not limited to the written claim of the claimant, the material submitted by the NAC or County Board, and any other preliminary review that the NPC may wish to make, including but not limited to a site inspection. a. If the NPC determines that the property is not adversely affected by an identified negative impact, no business loss protection shall be afforded to the business owner under this Program unless such determination is reversed upon appeal. b. If, on the other hand, the NPC determines that the business may be affected, the owner, in order to be eligible for compensation shall, within 120 days after the close of the one-year business period for which (s)he seeks compensation, submit sales tax information and such other related financial information to substantiate his/her case. Compensation may be sought for business periods commencing no more than six months before the business owner's application (reporting the apparent existence of a negative impact) to the NAC. Copies of the New York State Form ST -810 Quarterly Sales and Use Tax Return must be submitted to justify any claim by a business which must pay sales tax, and must include 12 consecutive returns ending with the most recently submitted return, and must establish that the business was conducted on the affected property. For businesses that are exempt from sales tax, the NPC shall require equivalent financial information. The business owner must also submit the business's financial statements for the past three years, including all income statements, balance sheets and statement of changes in financial position. Unaudited financial statements will be accepted only if there are no audited statements. If there are no audited financial statements, then tax returns must be submitted for the relevant periods. 3. a. The NPC shall determine an amount of "loss of profit," which shall, absent special circumstances, be the difference between the net income of the year in question, subtracted from the average net income of the two years preceding the year in question. If the NPC determines that special 140 May 7, 1996 circumstances exist, it can adjust the income figures to reflect the special circumstances. If the loss of profit is zero or less, then no protection shall be offered under this Program. b. If, on the other hand, there exists a loss of profit greater than zero, the NPC shall then determine the extent to which the loss of profit was caused by the identified negative impact. After this determination, the NPC shall recommend that the County Board of Representatives pay the claimant the amount of the loss of profit that the NPC determines was caused by the identified negative impact. As with other decisions, in making the determination, the NPC may request the assistance of staff of the Solid Waste Department, including the Department's financial analyst. c. If the County's Board of Representatives does not agree to pay the amount recommended by the NPC within 40 days of notification, the NPC shall recommend that said Board allocate funds necessary to secure the services, in cooperation with the business owner and with that owner's agreement if at all possible, of a consultant with expertise in the business that is the subject of the claim. The consultant shall be retained through normal County procedures and shall be paid by the County. The consultant shall prepare, for confidential review only by the NPC members, County Board members, appropriate Solid Waste Department staff, and the business owner, an analysis of the estimated loss of profits resulting from the identified negative impact. The consultant shall prepare a report that analyzes the net impact on the business of the identified, unmitigated negative impacts and recommends an amount to be paid (if any) to the business owner. This shall be submitted to the NPC which shall review it and either determine that no compensation should be paid, instruct the consultant that the methodology is faulty and to correct it, request that the County hire a different consultant, or recommend that the Board of Representatives pay an amount that the NPC determines to be the actual loss of profit resulting from the unmitigated negative impact. 4. Any business owner who receives compensation for losses sustained in one year may, from that point forward, submit an application to the NPC annually, including the same materials required above, without the need to receive a determination by the NAC that a negative impact is affecting property. However, the business owner shall not receive compensation under the Program if the NPC determines that the identified negative impact has been sufficiently mitigated or that it no longer has a financial impact on the business owner. 5. In no case will the County be responsible for more than four years of compensation in any five-year period. 6. Eligibility for business income protection shall be contingent on full cooperation of the business owner with the NAC and NPC in all respects. 7. All of the decisions of the NPC under this Program shall be appealable in the manner described for appeals. 8. The County may at any time purchase a business (including the property if the business owner owns the property on which it operates) for its fair market value to be determined by an appraiser hired by the County. If the County offers to purchase the business for its fair market value, and the business owner refuses to sell, all protections under this Program shall terminate. EXHIBIT B FOLLOWS ON NEXT PAGE 141 105 sr • -• '. 75 • • Ig • 76 Z198 s8 �. U • ea 74 • May 7, 1996 EXHIBIT B (MAP) w IN • •• /1'. I f t7 9 6 • 119 Grp oo {I+. i l j • sa[La [7.1 11 p 1..`_r. =1 f Q� • 94 • 1 �� ,, .,., � saJr_s— ----- iso I_ _ , , . ,_ _ _2:=4-`27I •fols �, • I 104 l�' I 80 93 .I 142 May 7, 1996 RESOLUTION NO. 112 - AUDIT OF FINAL PAYMENT - WOODFORD BROTHERS, INC. OLD COURTHOUSE - RENOVATIONS (HVAC) MOVED by Mrs. Livesay, seconded by Mrs. Schuler, and unanimously adopted by voice vote under the consent agenda. RESOLVED, on recommendation of the Transportation Services and Facilities 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 Woodford Brothers, Inc. 4 (Final) HB1430.9250 $561.00 (HVAC) RESOLVED, further, That the Finance Director is authorized and directed to pay said claim from Account No. HB1430.9250. SEQR ACTION: TYPE II -20 RESOLUTION NO. 113 - AUDIT OF FINAL PAYMENT - WOODFORD BROTHERS, INC. OLD COURTHOUSE - RENOVATIONS (PLUMBING) MOVED by Mrs. Livesay, seconded by Mrs. Schuler, and unanimously adopted by voice vote under the consent agenda. RESOLVED, on recommendation of the Transportation Services and Facilities 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 Woodford Brothers, Inc. 4 (Final) R61430.9250 $297.00 (PLUMBING) RESOLVED, further, That the Finance Director is authorized and directed to pay said claim from Account No. HB1430.9250. SEQR ACTION: TYPE II -20 RESOLUTION NO. 114 - RESCISSION OF RESOLUTION NO. 64 OF 1996 - AMENDMENT TO RESOLUTION NO. 28 OF 1994 AND RESOLUTION NO. 306 OF 1995 - CONTINUATION OF BUDGET REORGANIZATION ADVISORY COMMITTEE MOVED by Mrs. Livesay, seconded by Mrs. Schuler, and unanimously adopted by voice vote under the consent agenda. WHEREAS, this Board by Resolutions No. 28 of 1994, 306 of 1995, and 64 of 1996 created and defined the membership and charge of the Budget Reorganization Advisory Committee, and WHEREAS, the Committee is made up of 15 members and extensive publicity was used to encourage persons to volunteer to serve on it during 1996 to advise on and participate in the completion of reorganization of the Tompkins County Budget and Capital Program, but the number of persons doing so has been insufficient to continue the Committee, now therefore be it RESOLVED, on recommendation of the Budget and Fiscal Policy Committee, That Resolution No. 64 of 1996 which extended the existence of the Budget Reorganization Advisory Committee through December 31, 1996 is hereby rescinded in its entirety. SEQR ACTION: TYPE II -20 143 May 7, 1996 Appointments Approved Under the Consent Agenda It was MOVED by Mrs. Livesay, seconded by Mrs. Schuler, and unanimously adopted by voice vote, to approve the following appointments under the Consent Agenda: Agricultural and Farmland Protection Board Russell Carpenter representing Farmland for a term expiring December 31, 1996 Regional Forest Practice Board Daniel Winch as the County Representative for a term expiring December 31, 1997 Peter Levatich for a term expiring December 31, 1997 Gordon Nesbitt for a term expiring December 31, 1997 Fire, Disaster, and EMS Advisory Board Scott Pronti representing the Town of Lansing as the Delegate for a term expiring December 31, 1998 Scott Hollister representing the Town of Lansing as an Alternate for a term expiring December 31, 1998 Withdrawal of Resolution(s) Not Requiring Board Action Chairman Stein gave the appropriate committee chairmen permission to withdraw from the agenda the following resolution(s) with final committee action being affirmed: CA012-96 - Budget Adjustments - Various Departments CA013-96 - Authorization to Execute Generic Contracts - Public Works CA014-96 - Authorizing Supplementary Agreements with C&S Engineers, Inc. and Ira Conklin and Sons for Services in Connection with Underground Tank Removal - Tompkins County Airport Report from the Planning. Community Development and Education Committee Mrs. Schuler, Chair, reported the Committee has not met since the last Board meeting. She reported on the recent tour of County roads and bridges, and urged other Board members who did not go on the tour when they get a chance to do so. She said a printout of the trip is available. The next meeting will be May 14 at the Dewitt Historical Society, and all members should bring the budget binders distributed this evening. Mrs. Schuler reported on May 2 the Ithaca Festival t -shirt and button by artist Tim Merrick unveiled. She also attended a reception celebrating the new, early morning Ithaca Journal. She said on May 8 there will be a Carnival of Arts sponsored by the Community Arts Partnership. On May 9 there will be a conference on Decentralizing Education - Implications for Leadership at the Top, and there are a few open slots for anyone wanting to attend. She announced Tompkins Cortland Community College has a new logo and has started a campaign to promote it. Mr. Proto, on behalf of the Town of Caroline, thanked James Skaley and Katie White of the Planning Department, for the presentation they gave on April 30 in the Town of Caroline on the flood damage that occurred on January 19. He said the presentation was very well done, and they will be giving it again on May 9. Report and Presentation of Resolution(s) from the Solid Waste and Recycling Committee 144 May 7, 1996 Mr. Todd, Chairman, reported the next meeting will be May 29. RESOLUTION NO. 115 - AWARD OF BID - PHASE III - HILLVIEW RD. LANDFILL CLOSURE - SOLID WASTE MOVED by Mr. Todd, seconded by Mr. Proto, and unanimously adopted by voice vote. WHEREAS, the 1996 Capital Program provides funding in the amount of $420,000 for the capping and closure of the Hillview Road Landfill located in Tompkins and Tioga Counties, and WHEREAS, the Finance Department advertised for bids for said project, and WHEREAS, four (4) bids were received and publicly opened on April 12, 1996, now therefore be it RESOLVED, on the recommendation of the Solid Waste and Recycling Committee, That the bid be awarded to Marcy Excavation Company, Inc. of Frankfort, New York, as the lowest responsible bidder, in an amount not to exceed $318,187, RESOLVED, further, That the remaining budgeted funds of $101,813 be allocated for miscellaneous project expenses, staff services, construction quality assurance and change orders. RESOLVED, further, That the County Administrator is authorized to execute change orders up to a total of ten (10) percent ($31,818) of the total contract which is included in the $101,813, RESOLVED, further, That the Solid Waste Division be authorized to execute this bid on behalf of the County, with funds being available in Capital Project Account HH8166.9239 for this project. SEQR ACTION: TYPE II - 15 Representative Winch was excused at 6:45 p.m. Report and Presentation of Resolution(s) from the Transportation Services and Facilities Committee Ms. Blanchard, Chair, reported on the tour taken of County roads and bridges. She said the tour brochure will be distributed to all Board members. She reported on the status of the opening of the Landing Restaurant at the Airport. There has been much progress made since the last Board meeting. The restaurant has opened and representatives will meet with the Village of Lansing on May 8 at 9 a.m. to develop a Memorandum of Understanding. Ms. Blanchard updated the Board on the status of aviation funding. She stated that legislation has passed the House of Representatives and will be taken up by the Senate. She also reported at this time the Passenger Facility Charges have not been reauthorized. Mr. Lane reported at the last meeting the Committee discussed what to do with the lead-based paint that has been removed from the Old Courthouse. He said the County has the options of sending it to a hazardous waste facility or having it incinerated and turned into lead. There was also discussion about the concept of having a conference room facility at the Airport, and funding options are being explored. He reported some underground tanks at the Airport are being removed. The next meeting will be May 15 at 8 a.m. RESOLUTION NO. 116 - ABOLISH TRANSPORTATION ANALYST POSITION AND CREATE GEOGRAPHIC INFORMATION SYSTEM TECHNICIAN - DEPARTMENT OF PLANNING MOVED by Ms. Blanchard, seconded by Mr. Proto, and unanimously adopted by voice vote by members present. 145 May 7, 1996 WHEREAS, the Metropolitan Planning Organization staffing needs have changed as a result of internal organizational changes, now therefore be it RESOLVED, on recommendation of the Transportation Services & Facilities Committee(TSF), That one vacant position of Transportation Analyst(13/714) labor grade M(13), be abolished and one position of Geographic Information System Technician (8/713) labor grade H(8), 35 hours per week, competitive class be created effective immediately, RESOLVED, further, That no additional funding is needed. SEQR ACTION: TYPE II -20 RESOLUTION NO. 117 - RESOLUTION OF APPRECIATION - MR. MICHAEL PORTER MOVED by Mrs. Livesay, seconded by Mr. Proto, and unanimously adopted by voice vote by members present. WHEREAS, Mr. Michael Porter, owner of the Ithaca Calendar Clock company, has devoted many hours of his time and a considerable amount of skill in creating an oak -cased Ithaca Calendar Clock, and WHEREAS, Mr. Porter has generously donated said clock to the Tompkins County Airport Terminal to be hung in the central atrium for the lasting use and pleasure of the Airport's customers and tenants, now therefore be it RESOLVED, on recommendation of the Transportation Services and Facilities Committee, That the Board of Representatives hereby recognizes Mr. Michael Porter's generous donation to the airport terminal and thanks him for his beautiful gift, RESOLVED, further, That the Clerk of the Board forward a certified copy of this resolution to Mr. Porter. SEQR ACTION: TYPE 11-20 Report and Presentation of Resolution(s) from the Health and Environmental Quality Committee Mr. Evans, Chairman, gave the following report: "A joint meeting was held between the Planning, Community Development and Education Committee and the Health and Environmental Quality Committee April 25, 1996, in the Old Jail Conference Room to hear a presentation by Charles Schlough on the Agriculture and Farmland Protection Plan. The goals of the Protection Plan are to create a general awareness and inform government and community leaders about the significance of agriculture in Tompkins County, the effect of industry stresses on area farming, and the impacts on agriculture from public policies. It will also be used to identify agricultural resources in need of protection and will recommend government policies and other measures which can strengthen the economic viability of agriculture and retain productive farmland. Following this meeting the Health and Environmental Quality Committee had their monthly meeting and two resolutions were passed and one is reflected on tonight's agenda. Public Health gave an update to the Committee on managed care and its potential impact on their home care program. Alice Cole, Public Health Director, stated that there is a need to make the Public Health Department more visible in order to make them more competitive. They have hired a consultant to develop a new name for the Home Care Program, create a logo and a block ad. The Environmental Management Council will be giving a presentation on the Framework for Long Range Environmental Planning in Tompkins County at the May 21st Board meeting and the Board will consider the resolution accepting that Plan at that time. The next meeting will be May 23, 1996 at 9:30 a.m. 146 May 7, 1996 RESOLUTION NO. 118 - URGING STATE LEGISLATION TO ESTABLISH TAX CREDIT PROGRAM FOR AID TO THE AGRICULTURAL INDUSTRY WITHOUT HARM TO LOCAL SCHOOL DISTRICTS MOVED by Mr. Evans, seconded by Ms. Kiefer, and unanimously adopted by voice vote by members present. WHEREAS, New York farmers pay the highest tax per acre of all agricultural states with the average tax per acre in New York State at $23.00 and the national average at $6.50 per acre, and WHEREAS, according to the State Board of Real Property Services, the average property taxes paid per acre by all farmland owners increased by 57 percent between the years 1987 and 1994, and WHEREAS, average net farm income has decreased by 47 percent during the same time period, and WHEREAS, farm property taxes represented 62 percent of the average net farm income in 1994, which exemplifies the inequity that the current property tax system places on farmers, and WHEREAS, fanners in New York are trying to compete in a national market where the property tax burden is substantially less, and WHEREAS, agriculture is one of the largest industries in New York State, property tax relief would provide farmers with capital to make investments to become more competitive, WHEREAS, it is good public policy to replace reliance on the property tax with reliance on the broader-based state income tax as a means to support local public schools, now therefore be it RESOLVED, on recommendation of the Health and Environmental Quality Committee, That the Tompkins County Board of Representatives supports a refundable income tax credit to effectively offset a portion of the real property tax burden, RESOLVED, further, That the Tompkins County Board of Representatives calls upon Governor Pataki, Senate Majority Leader Bruno, Assembly Speaker Silver, and the entire State legislature to enact legislation that will, as a first step toward a less regressive system, establish such a tax credit program to aid the agricultural industry without harm to local school districts. SEQR ACTION: TYPE I1-20 Report and Presentation of Resolution(s) from the Budget and Fiscal Policy Committee Mr. Joseph, Chairman, reported on the County's fund balance and the recent news headline that the County had $8.8 million in the Fund Balance. He said this figure is an accurate total of all of the County's fund balances. He said much of this amount is in fund balances that have restrictive purposes and in the target of what the Board wants in those fund balances. He said there is approximately $3.5 million above targets in available balances. He said this will help Tompkins County deal with impacts of the State budget. Mr. Joseph said he has been informed by staff that due to the lack of a State budget, there may be some interim funding requests from County departments. Mr. Joseph asked for the Board's guidance on the interpretation of the Rollover Policy. He said departments can request to use 100 percent of 1995 rollover monies in either their 1996 or 1997 budget. Mr. Joseph said he interprets the policy to allow departments to do either one of those options. However, some departments have interpreted the policy to mean they can request 100 percent of rollover for their 1996 budget, but only 75 percent rolled over into their 1997 budget. Mr. Proto said when he proposed his motion of 75 percent which was adopted, his intent was not to endanger 1995 monies. He said if the department can keep it separate and identifiable, they could roll it over into their 1997 budget. Other Board members concurred with this interpretation of the Rollover Policy. RESOLUTION NO. 119 - AMENDMENT OF TOMPKINS COUNTY FISCAL POLICY 147 May 7, 1996 MOVED by Mr. Joseph, seconded by Mr. Proto, and unanimously adopted by voice vote by members present. WHEREAS, the process of review, recommendation, and approval of Cost Savers has become more familiar to all involved in it, now therefore be it RESOLVED, on recommendation of the Budget and Fiscal Policy Committee, That the Tompkins County Fiscal Policy, Administrative Policy 05-02, is hereby amended as follows: Section 3.06 (C) DESIGNATION OF COST SAVERS. The budget committee of the Board of Representatives [shall] may each year appoint a review committee to screen requests for cost saver status. SEQR ACTION: TYPE H - 20 RESOLUTION NO. 120 - AUTHORIZING THE ISSUANCE OF $572,500 SERIAL BONDS OF THE COUNTY OF TOMPKINS, NEW YORK, TO PAY THE COST OF THE INSTALLATION OR RECONSTRUCTION OF HEATING, VENTILATING AND/OR AIR-CONDITIONING SYSTEMS AT VARIOUS BUILDINGS OF AND FOR SAID COUNTY MOVED by Mr. Joseph, seconded by Mr. Proto. A roll call vote resulted as follows: Ayes - 14, Noes - 0, Excused - 1 (Representative Winch). RESOLUTION ADOPTED. WHEREAS, all conditions precedent to the financing of the capital project 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 project; NOW, THEREFORE, BE IT RESOLVED, by the Board of Representatives of the County of Tompkins, New York, as follows: Section 1. For the class of objects or purposes of paying the cost of the installation or reconstruction of heating, ventilating and/or air-conditioning systems at various buildings of and for the County of Tompkins, New York, including original furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, there are hereby authorized to be issued $572,500 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 the aforesaid class of objects or purposes is $572,500, and that the plan for the financing thereof is by the issuance of the $572,500 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 or purposes is ten years, pursuant to subdivision 13 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 Finance Director, 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 Finance Director, 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. 148 May 7, 1996 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 Finance Director 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 Finance Director, 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 Finance Director 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 determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, 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 Finance Director 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 Finance Director. It is hereby determined that it is to the fmancial 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 Finance Director 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 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 Sections 1.150 - 2. 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: TYPE II -20 Report and Presentation of Resolution(s) from the Governmental Operations and Administration Committee Mr. Lane, Chairman, reported the Committee has not met since the last Board meeting. The next meeting will be May 13 at 3:30 p.m. 149 May 7, 1996 It was MOVED by Mr. Lane, seconded by Mr. Evans, and unanimously adopted by voice vote by members present, to lift the following resolution from the Table. RESOLUTION NO. 106 - AUTHORIZATION TO EXECUTE QUITCLAIM DEEDS - SALE OF FORECLOSURE PROPERTIES AT PUBLIC AUCTION OF MARCH 18, 1996 MOVED by Mr. Lane, seconded by Mr. Evans. Mr. Evans stated any concerns he had with this resolution at the last Board meeting have been resolved. A voice vote on the resolution resulted as follows: Ayes - 14, Noes - 0, Excused - 1 (Representative Winch). RESOLUTION ADOPTED. WHEREAS, by tax foreclosure proceedings, the County acquired certain parcels in the County, and WHEREAS, said properties were sold at public auction on March 18, 1996, now therefore be it RESOLVED, That upon payment in full of the bid price, plus current taxes and fees, that the County Administrator be and hereby is authorized to execute a quitclaim deed for the following parcel sold at the public auction: TOWN TAX PARCEL PROPERTY ADDRESS SOLD TO Dryden 29.-1-4.2 514 West Dryden Rd. Doug Gillogly SEQR ACTION: TYPE 11-15 Report from the Human Services and Human Resources Committee Mrs. Livesay, Chair, reported the Committee has not met since the last Board meeting. The next meeting will be May 8 at noon. Report and Presentation of Resolution(s) from the Public Safety Committee Mr. Meskill, Chairman, reported there has been a great amount of discussion concerning expanding the Jail. He said Bill Benjamin, Criminal Justice Coordinator, is looking into a number of current factors. Mr. Meskill stated the next meeting will be May 13 at 1 p.m. RESOLUTION NO. 121 - RECOGNITION OF THE EMPLOYEES' UNION OF THE TOMPKINS COUNTY SHERIFF'S DEPARTMENT MOVED by Mr. Meskill, seconded by Mr. Todd. Ms. Kiefer said that although she believes employees should be represented by the group they choose, she will vote against this resolution because it is part of a package that includes the resolutions that follow, which she cannot vote for. Mr. Lane stated he feels the same as Ms. Kiefer. Ms. Davis disclosed the fact that her employment brings her to the Jail from time to time, and said she would abstain from voting on this resolution. Ms. Davis also abstained on the following two resolutions relating to the Sheriff's Department. A voice vote on the resolution resulted as follows: Ayes — 10; Noes - 3 (Representatives Kiefer, Lane, and Proto); Abstentions - 1 (Representative Davis); Excused - 1 (Representative Winch). RESOLUTION ADOPTED. WHEREAS, the Tompkins County Deputy Sheriff's Association, an employee organization recognized by the employer, Tompkins County ("employer"), pursuant to article 14 of the New York Civil Services Law, as amended ("Act"); consisting of a full and part-time Correction Officers, Deputy 150 May 7, 1996 Sheriff's, Dispatchers, Civil Clerks, Cooks, and Criminal Investigators in the Tompkins County Sheriff's Department (Department"), has been voluntarily dissolved by and between the aforementioned employees of the Department, and WHEREAS, the Deputy Sheriffs, Dispatchers, Civil Clerks, and Criminal Investigators have formed and established an employee organization for the purpose of collective negotiations and the settlement of grievances, known as the Employees' Union of Tompkins County Sheriff's Department ("Union"), and WHEREAS, the Union desires voluntary recognition by the employer, as an employee organization for the purpose of exercising its rights under and pursuant to the Act, now therefore be it RESOLVED, That the Board of Representatives recognizes the Employees' Union of Tompkins County Sheriff's Department. SEQR ACTION: TYPE 11-20 RESOLUTION NO. 122 - APPROVAL OF AGREEMENT BETWEEN TOMPKINS COUNTY AND THE EMPLOYEES UNION OF TOMPKINS COUNTY SHERIFF'S DEPARTMENT MOVED by Mr. Meskill, seconded by Mrs. Livesay. Mr. Meskill stated there is an initial cost of this program which declines over a period of time. Ms. Kiefer stated it is the first few years in this uncertain time that worries her most and makes her oppose this particular settlement. A voice vote on the resolution resulted as follows: Ayes — 11; Noes - 2 (Representatives Kiefer and Lane); Abstentions - 1 (Representative Davis); Excused - 1 (Representative Winch). RESOLUTION ADOPTED. RESOLVED, That the March 1, 1996 - February 28, 2001 agreement between Tompkins County and Employees' Union of Tompkins County Sheriff's Department is hereby ratified. SEQR ACTION: TYPE 11-20 RESOLUTION NO. 123 - ELECTION OF A 20 -YEAR RETIREMENT, WITH ADDITIONAL 1/60TH BENEFIT AFTER TWENTY YEARS ACCORDING TO ARTICLE 14-B OF THE RETIREMENT AND SOCIAL SECURITY LAW FOR THE SHERIFF, UNDERSHERIFF AND CERTAIN DEPUTY SHERIFFS MOVED by Mr. Meskill, seconded by Mrs. Livesay. A voice vote on the resolution resulted as follows: Ayes — 11; Noes - 2 (Representatives Kiefer and Lane); Abstentions - 1 (Representative Davis); Excused - 1 (Representative Winch). RESOLUTION ADOPTED. RESOLVED, That the Board of Representatives of the County of Tompkins does hereby elect to assume the entire additional cost required to provide the twenty year retirement plan, with additional 1/60th benefits provided in Sections 552 and 553, under Article 14-B, of the Retirement and Social Security Law, for its sheriff, undersheriff, and deputy sheriffs whose duties include at least 50 percent criminal law enforcement pursuant to Chapter 165 of the Laws of 1995, RESOLVED, further, That the effective date of this plan shall be the 1st day of June, 1996. SEQR ACTION: TYPE II -20 Report from the Economic Development Committee 151 May 7, 1996 Ms. Mink, Chair, reported there have been discussions on general economic strategies and the Committee has been getting updates on what other municipalities and agencies are doing in anticipation of the first meeting of the Economic Development Alliance. Report from the Human Services Building Construction Committee Ms. Mink, Chair, reported there are drawings of what they project the Human Services Building will look like at this point on display on the Board Room wall. James Kazda, Senior Civil Engineer, was present, and answered questions raised by Board members. Ms. Mink requested an executive session to discuss property acquisition. Report from the Leadership Council Ms. Mink, Chair, reported the Council had a presentation at the last meeting from the Department of Social Services Phone Team. She stated they figured out how to make sure that people actually speak to a person when they call the Services Division of the Department, as opposed to an answering machine or unlimited rings; the cost is $500 and requires no additional personnel. She stated this is the result of the year-end process. Ms. Mink reported the third Board Retreat will be May 29 at 5:30 p.m. in the Mental Health Conference Room. At this retreat the Board will be trying to develop some measurable success indicators. She reported a meeting will also be held June 19 at 10:30 a.m. with Marcia Callicia on running effective meetings. Report from the Rural Affairs Committee Mr. Proto, Chairman, reported the next meeting will be May 22 at 9 a.m. Report and Presentation of Resolution(s) from the Electronic Future Committee Mr. Evans, Chairman, reported the Committee met May 3, and received two reports from students at the Johnson School of Management Studies. One report was on the supply side for a County- wide electronic network, and another on the demand side for a County -wide electronic network. He said copies of the reports will be available in the Board Office. Ms. Kiefer asked Mr. Evans to let her know when the reports would be available. RESOLUTION NO. 124 - APPRECIATION OF GRATITUDE TO CORNELL JOHNSON SCHOOL OF MANAGEMENT STUDENTS - ELECTRONIC FUTURE COMMITTEE MOVED by Mr. Evans, and unanimously seconded and adopted by voice vote by members present. WHEREAS, the Electronic Future Committee was designated by the Tompkins County Board of Representatives to research possibilities for improving the communications infrastructure within the community, and WHEREAS, the Committee views this as instrumental to economic development and to the welfare of the community as a whole, and WHEREAS, our greatest need in doing this research has been collecting and compiling information related to the need for improving services and the economic viability for providing such services, and WHEREAS, the students from Cornell Johnson Graduate School of Management have given freely of their time and expertise and have conducted extensive surveys and analysis of the information provided by the community in a highly professional manner, now therefore be it 152 May 7, 1996 RESOLVED, on recommendation of the Electronic Future committee, That the Tompkins County Board of Representatives extends its grateful appreciation to Roman Alvarez, Daniel Arlotto, Jon Gans, Louis Sierra -Rey, and Oliver Gourragne for their contributions to the betterment of our community. SEQR ACTION: TYPE II -20 Report from the Public Information Committee Mr. Joseph reported there have been 400 people who have accessed the County's homepage on the World Wide Web. He also reported the County News has been placed on the World Wide Web. He announced that any Board members who would like to get information on the World Wide Web site should speak to Michelle Pottorff, Deputy Clerk. Mr. Joseph said there was also discussion about the Public Information budget, and is recommending that the budget be placed in the Administration budget instead of the Board's budget. Report from the Charter Review Committee Mr. Lane, Chairman, reported the Committee has not met, and that he is working on a draft report. Approval of Minutes of April 16 and 30, 1996 It was MOVED by Mr. Evans, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, to approve the minutes of April 16 1996, with the correction submitted by Representative Kiefer. MINUTES APPROVED. It was MOVED by Mrs. Schuler, seconded by Mr. Evans, and unanimously adopted by voice vote by members present, to approve the minutes of April 30, 1996, as submitted. MINUTES APPROVED. Member -Filed Resolution - Mr. Joseph RESOLUTION NO. 125 - CALLING UPON THE GOVERNOR AND THE STATE LEGISLATURE TO EMBRACE PRINCIPLES OF EQUITY AND FAIRNESS DURING THEIR DELIBERATIONS REGARDING THE 1996 NEW YORK STATE BUDGET MOVED by Mr. Joseph, seconded by Ms. Mink. Ms. Blanchard stated she feels resolutions like this do not accomplish very much, and the fifth Whereas states a number of budget shifts that are anticipated, and does not include other budget shifts that can also be anticipated that has to do with areas of government that are also worthy of concern. She said public works and public safety both will be bearing some local expenses because of State budget shifts. She said she is also not in agreement with some of the examples given in the resolution, and that there are a number of other principles she thinks would be useful to include in this type of resolution that would make her support it. However, the resolution would have to have substantial revisions, and for this reason she will not support this. A voice vote on the resolution resulted as follows: Ayes - 10, Noes - 4 (Representatives Blanchard, Proto, Todd, and Totman); Excused - 1 (Representative Winch). RESOLUTION ADOPTED. WHEREAS, local governments have ultimate moral and/or legal responsibility for ensuring the quality of life of its citizens, and 153 May 7, 1996 WHEREAS, the changing relationships between the federal government, state governments, and local governments, require a comprehensive re-evaluation by local governments of our priorities, and WHEREAS, both the federal and state governments are shifting many of their programmatic and financial responsibilities to local governments, and WHEREAS, the current State budget includes a substantial shift in program responsibility to local governments while simultaneously reducing the resources available to local governments to carry out such programs, and WHEREAS, specifically, the current State budget shifts responsibility and reduces funding for education, mental health, long-term care, and indigent care, and WHEREAS, local governments have the greatest capacity to know what their communities need, but have the least capacity to raise revenue to pay for community needs, and WHEREAS, local governments must maintain an activist approach to governing in order to accomplish things we otherwise couldn't accomplish alone as individuals, now therefore be it RESOLVED, That the Tompkins County Board of Representatives, calls upon the Governor and the State Legislature to embrace the following six principles to guide the debate on the upcoming State budget: • We must invest in our children's future, including their education, health and safety, for example, it would be unfair to freeze or reduce education aid to any locality where enrollment is increasing; • We must expand, strengthen, and protect the middle class, particularly by investing in access to higher public education, for example, funds for CUNY and SUNY and for college tuition assistance to students must be funded at levels that ensure access to higher education for all those that seek it; • We must not cut critical services to those of us who are most vulnerable, for example, we should not reduce funds for community support services to people suffering from mental illness because it would be harmful both to those who benefit directly from the service and to the entire community; • Revenue must be raised fairly, and the state and local taxes should be viewed as parts of a single system, otherwise decreases in state taxes will merely result in increases in local property and other local taxes; • Social expenditures must be financed from the broadest possible tax base, and it must be recognized that the federal government should be responsible for raising revenue through federal taxes to pay for many of the services that local governments provide, because local governments do not have the capacity to raise sufficient revenue without overburdening the local taxpayer; and • We must not overburden our children with increased debt unless they will be the beneficiaries of that debt, specifically, we will not enter into long-term financing for short - term budget solutions. SEQR ACTION: TYPE II -20 Recess Chairman Stein declared recess from 7:51 to 7:56 p.m. Executive Session It was MOVED by Ms. Kiefer, seconded by Mr. Evans, and unanimously adopted by voice vote by members present, to enter into executive session at 7:56 p.m. to discuss property negotiations. The meeting returned to open session at 8:05 p.m. 154 May 7, 1996 Adjournment On motion the meeting adjourned at 8:05 p.m. 155 May 21, 1996 Regular Meeting Called to Order Chairman Stein called the meeting to order at 5:34 p.m. Pledge of Allegiance to the Flag and Roll Call of Members Members and guests participated in the Pledge of Allegiance to the Flag. Present: 14 Representatives; Excused - 1 (Representative Mink). Ms. Blanchard was excused at 7:59 p.m., prior to action on Resolution No. 136. Representative Meskill was excused at 8:14 p.m., after action on Resolution No. 137. Presentation of Proclamation(s) Chairman Stein presented a proclamation declaring June 1, 1996, to be Stand for Children Day in Tompkins County, to Nina Revoyr. Privilege of the Floor by the Public Pat Pryor, resident of the City of Ithaca, and member of the Coalition for Children First, spoke in support of reimbursement of dependent care expenses for Board members in some circumstances. Ms. Pryor stated the issue is access and one should ask the following: does reimbursement for dependent care expenses permit greater access to participation in the democratic process for families of modest means; does it help to create the potential for a County Board that is representative of the diversity of the communities; and is it an essential expense for some families in order for the legislator to perform his or her duties? She stated County Board members spend many hours in Board and committee meetings researching issues and addressing the needs of constituents, and the time commitment is prohibitive to many qualified people who may consider serving. She said when someone steps forward and is willing to make a commitment to serve the people as Board members do, the only questions that should be asked are what strengths and experiences can that person bring to the Board. Ms. Pryor stated only after the legislator is selected, then the question of what expenses will be necessary in order for that person to serve should be asked. She stated she feels those expenses should be reimbursed. Ms. Pryor said the Coalition supports and applauds Mr. Joseph's initiative in raising the issue. John Marciano, resident of Ithaca and Chairman of the Human Rights Commission, spoke in favor of reimbursement of dependent care expenses for Board members. Mr. Marciano stated he has polled a number of members of the Human Rights Commission and has also drafted a letter on this issue that will be placed in Board members' mailboxes on Thursday, urging the Board to support the reimbursement of dependent care expenses while a board member is conducting Board business. Diann Sams, resident of the City of Ithaca and member of Common Council, spoke in favor of reimbursement of dependent care expenses for Board members. She spoke of a meeting she attended today, and said people need to pay attention to children and their families if we want to fight some of the issues that need to be addressed in the City and County. She said some parents are not able to do things that other parents are. There are some people who need to be reimbursed for gas mileage or time, and others who may need to be reimbursed for babysitting. Pamela Mackesey, resident of the City of Ithaca and member of Common Council, spoke in favor of reimbursement of dependent care expenses for Board members. Ms. Mackesey said as a member of Common Council, she knows what type of commitment Board members have made to be on this Board. 156 May 21, 1996 She stated she raised a child on her own and understands the type of demands that are placed on a parent who is participating in government. She said the best decisions that are made in government are the ones that include the widest variety one can get. She said parents have a great deal to say and have a lot to offer. Maria Iannacome Coles, West Hill, spoke in favor of reimbursement of dependent care expenses for Board members. She said she was talking to some of her neighbors today about the issue of dependent care, and said the issue goes right to the issue of women in society. She said in 1996 it is still mostly women who care for dependents and if we want to do more to make sure women are involved in all aspects of government, this is one thing that makes the most sense. Karen Barden, Town of Caroline, read and submitted the following statement: "First I would like to thank Chairman Stein and Representative Mink for their direction in obtaining answers to some of my questions regarding the Human Services Building project. I also thank County Engineer James Kazda for his cooperation in answering those questions and in locating the studies pertinent to the project. I note that there were exhaustive studies which first examined the many possible combinations of HVAC systems and building renovations for Biggs A in order to determine the most cost efficient arrangement; and then examined various sites, and new building layouts and compared them to renovation, again to determine cost effectiveness. However, the final decision to construct a new building in downtown Ithaca was not backed by studies or concrete numbers. There has been no cost evaluation to justify the extra expense incurred in constructing a new building downtown as opposed to remaining at the Biggs site. On the contrary, the numbers generated by the studies show it would be less expensive to stay at the presently owned property. The most off -cited reason for relocating to downtown is easier access for the clients. The taxpayer is absolutely not being taken into consideration when the convenience of the clients, who are being supported by tax dollars, takes precedence over the additional cost to the taxpayer. Another reason given for relocating is the economic revitalization of downtown Ithaca. Does the hope of increased business merit the extra cost of over $2 million dollars, not to mention the loss of tax revenue due to removal of property from the tax rolls? I think not. No new business would be generated in the County. Businesses in the surrounding towns could suffer from this relocation. Chairman Stein, I am presenting to you signatures from taxpayers of Tompkins County who also have reservations regarding the Human Services Building project in downtown Ithaca and would like to see the project reevaluated. Despite limited manpower and time constraints, we were able to collect 365 signatures. All of the townships are represented, as well as the City of Ithaca. I am confident that, given more time, we could collect more signatures." No other member of the public wished to speak. Privilege of the Floor by Board Members Mr. Lane, Chairman of the Governmental Operations and Administration Committee, outlined the process the County has taken to respond to the question relating to dependent care. Mr. Lane thanked members of the public for attending this meeting. He said this is the second issue that has been put in the press before the Committee has had an opportunity to review it. He said the Committee is very concerned about this issue and will begin by taking a survey of Board members in order to get an idea of what the demand and the need is for reimbursement, and also what the cost would be. Mr. Lane said the Committee has also sent a survey to all other New York State counties requesting information on what they do in respect to this issue. The County Attorney has researched this issue and has not found a lot of law which addresses this issue and whether it is reimbursable legally or not. He stated other factors need to be taken into consideration, such as thinking about how it effects other County employees, the 157 May 21, 1996 perception of the public, and how it fits into the work of the current Day Care Task Force. Mr. Lane said after the information has been compiled a report will be presented to the full Board. Mr. Proto, District No. 7 Representative, spoke concerning the Challenge Industries Annual Report. Mr. Proto said on the business customers honor roll list Tompkins County is mentioned six times, and also stated several agencies the County contracts with are also listed in the Report. He noted Aurora Valenti is on the Challenge Industries Board of Directors. Mr. Meskill, District No. 15 Representative, spoke concerning an article which appeared in the Ithaca Journal in relation to the dependent care issue. He said it was only a few weeks ago when the Ithaca Journal indicated in an editorial, what a good job the Board of Representatives was doing and the great amount of time Board members spend doing their job. Mr. Meskill invited any interested staff from the Ithaca Journal to spend a week with him to see how much time it takes him to do his job and conduct County business. Mr. Lane, District No. 14 Representative, stated this is the first Board meeting since the cushions were placed on the public and staff benches and what a welcome addition they are. Mr. Lane also spoke of the resolution adopted at the last Board meeting relating to contract negotiations with the Sheriff's Department. He stated at that time he was constrained about what he could say concerning those contracts. Mr. Lane said since that meeting the terms of the contracts have become public, and he wants to address his negative vote on those resolutions. Mr. Lane stated part of the contract is a buy -in for nearly $1 million for what he considers the very best retirement option which could have been negotiated by the deputies. He said the County is getting givebacks with respect to the various overtime payments that are received by the deputies for the contract. He feels another way to attack the overtime expenses would be to add deputies. He stated this contract will not put any more deputies on the road and feels his constituents will not have any greater level of protection and there are better ways to address public safety. Mr. Meskill, District No. 15 Representative, stated the assumption on the 13 -year payback is that they got everything back at the end of five years. He said the County has assumed the worst case scenario, trying to be fiscally conservative during negotiations so that if all those holdbacks other than the schedule change were given back to the deputies at the end of five years, it would still be a 13 -year payback. He said if whoever is around in five years to negotiate that contract retains even one or two of those the payoff will be quicker than 13 years. Ms. Kiefer, District No. 10 Representative, said at the last Board meeting when the contract with the Sheriff's Deputies was approved, she did not speak to the monetary figure and wanted to take this opportunity to do so. Ms. Kiefer stated the County has to make the initial payout of a lot of taxpayer money in either one or five years, and well before the payback that the County will achieve over a longer period of time. She said she does not know where that money will come from. She said there are retirement reserves which are contributed to by all County departments, but doesn't feel it necessarily fair to use what all departments have contributed to benefit just one department. Special Orders of the Dav At this time a presentation was given on the work of the Day Care Task Force which was appointed pursuant to Resolution No. 5 of 1996, on the future nature of the County's daycare subsidy for employees, and on the nature, size, and location of any County -sponsored day care center. The following individuals presented the information that is contained in the Interim Report dated May 21, 1996, and filed in the Board of Representatives' Office: Beverly Livesay, Board Liaison and Chair of the Human Services and Human Resources Committee; Scott Heyman, County Administrator; Alene Wyatt, Day Care and Child Development Council; Diane Bradac, Director of the Tompkins Employees Day 158 May 21, 1996 Care Center; David Boyd, representing Management Employees; and Sharon VanEtten, representing CSEA White Collar employees. Herb Engman, Chairman of the Environmental Management Council, presented a Report of the EMC entitled "Framework for Long Range Environmental Planning in Tompkins County" dated February, 1996. The Report has been placed on file in the Board of Representatives Office. Resolution(s) Added to the Agenda On motion of the appropriate committee chair and duly seconded and unanimously adopted by voice vote by members present the following resolution(s) were added to the agenda: Accepting the Report of the Environmental Management Council Adoption of Retirement Plan Benefit Withdrawal of Resolution(s) from the Agenda Chairman Stein gave the appropriate committee chair permission to withdraw from the agenda the resolution entitled Creation of Training Coordinator Position - Department of Personnel. Chairman's Report and Appointment(s) Chairman Stein announced Beverly Livesay, Member of the Board, has been selected to receive the Individual County Official Distinguished Service Award from CLAS (County Legislators and Supervisors) Association. Mr. Stein invited the other members of the Board to attend the June 10-12 events in Poughkeepsie, New York, and join in the celebration of having Tompkins County recognized through Mrs. Livesay. Mr. Stein stated a copy of the charge to the Tompkins County Information Management Committee has been placed on Members' desks. Ms. Kiefer suggested the name for this Committee be changed. Mr. Stein reported on an editorial that appeared in today's Ithaca Journal concerning an $8 million surplus the County has in the bank. He stated the County is very pleased to have this money, but it is entirely premature to make a decision to give any of these funds back to taxpayers. He noted at this time there is not a State budget in place. He stated there is a procedure and process that is in place, and the County will follow through with public involvement to put together the budget for the coming year with all information taken into account. Mr. Stein said it should be understood that the County budgeted to have at least $5 million to be in the bank, which is the County's standard fund balance, and therefore, the surplus is approximately $3 million Report from the County Administrator Mr. Heyman reported the surplus of funds that the County has right now is a lot of money; however, he noted there are $27 million in Medicaid coming from the State and Federal government to people who live in Tompkins County. He said the number one topic in Washington is how much can that spending be cut. He said $3 million may not last very long in that kind of environment. He said there has been talk of this for several years; however, he feels the discussions that are taking place are much more serious than in the past. Mr. Heyman stated he and Jackie Kippola, Contracts Coordinator, made a presentation at the last Governmental Operations and Administration Committee meeting on the status of the self-insurance reserve. He said in 1993 the County paid out $197,000 in judgments and claims, in 1994 $130,000 was paid out, and in 1995 $45,000 was paid out. He said the efforts the County has been 159 May 21, 1996 putting forth to reduce those payouts have been worthwhile. Mr. Heyman reported the proposal to have a County Manager position in Schuyler County was defeated. Report from the County Attorney Mr. Theisen reported the County has acquired the property involved in the Human Services Building Construction Project, and so it may move forward with construction. Report from the Finance Director Mr. Squires reported the proposed legislation to place the Solid Waste Annual Fee on the property tax bill has been moving forward. He said there have been several towns that have adopted resolutions in opposition to this. He said he and Jonathan Wood, Assistant County Attorney, have written a letter to town clerks, asking them to meet with them in order to obtain additional information to allay their fears. He said he received a call late last week from Carol Sczepanski of the Town Clerk's Association, requesting a meeting. This meeting is scheduled for June 5 at 10 a.m. He invited interested Board members to attend. Mr. Squires acknowledged an error by his office in which notices were placed in the May 15 mail reminding taxpayers the second installment for taxes is due. He said this notice usually does not get mailed until the first week in June, and the installment is due by July 1. Approval of Resolution(s) Under the Consent Agenda It was MOVED by Mr. Todd, seconded by Mrs. Schuler, and unanimously adopted by voice vote by members present, to approve the following resolution(s) under the Consent Agenda: RESOLUTION NO. 126 - CREATION OF KEYBOARD SPECIALIST - PROBATION DEPARTMENT MOVED by Mr. Todd, seconded by Mrs. Schuler, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, there is need for entry-level clerical assistance in the Clerical Unit in the Probation Department, and WHEREAS, the Commissioner of Personnel has determined that the classification of Keyboard Specialist is appropriate, now therefore be it RESOLVED, on recommendation of the Public Safety Committee, That one (1) full-time Keyboard Specialist (05/507), labor grade E(5), 40 hours per week position be created May 13, 1996, RESOLVED, further, That no additional monies are required. SEQR ACTION: TYPE II -20 RESOLUTION NO. 127 - AUTHORIZATION TO EXECUTE QUIT CLAIM DEED - SALE OF FORECLOSURE PROPERTY BY SEALED BID - TOWN OF LANSING, TAX PARCEL NO. 3-1-17 MOVED by Mr. Todd, seconded by Mrs. Schuler, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, by 1995 tax foreclosure proceedings, the County acquired a certain parcel in the County, Town of Lansing (3-1-17), and WHEREAS, the County wishes to now sell said property by sealed bid received on May 3, 1996, now therefore be it 160 May 21, 1996 RESOLVED, That upon payment in full of the bid price, plus current taxes and fees, the County Administrator be and hereby is authorized to execute a quit claim deed for parcel 3-1-17, Town of Lansing. SEQR ACTION: TYPE II -20 RESOLUTION NO. 128 - APPORTIONMENT OF MORTGAGE TAX MOVED by Mr. Todd, seconded by Mrs. Schuler, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the County Clerk and the County Administrator have presented their report concerning mortgage tax receipts for the period October 1, 1995, through March 31, 1996, 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 Governmental Operations and Administration Committee, That the apportionment presented for said period from October 1, 1995, through March 31, 1996, be and hereby is approved. SEQR ACTION: TYPE II - 20 Appointments Approved Under the Consent Agenda It was MOVED by Mr. Todd, seconded by Mrs. Schuler, and unanimously adopted by voice vote by members present, to approve the following appointment(s) under the Consent Agenda: Human Rights Commission Fran Spadafora - term expires December 31, 1998 Valerie Hayes - term expires December 31, 1998 Withdrawal of Resolution(s) Not Requiring Board Action Chairman Stein gave the appropriate committee chair permission to withdraw the following resolution with fmal committee action being affirmed: CA015-96 - Budget Adjustments - Various Departments Report from the Public Safety Committee Mr. Meskill, Chairman, reported the Committee had a very active meeting on May 13, and a short meeting prior to this Board meeting. Mr. Meskill stated all Board members should have received a copy of a memorandum he sent to the Sheriff in regard to a situation concerning the number of people who have been boarded out versus the capacity of the Jail. He said he is waiting for a response from the Sheriff to see what measures can be taken to alleviate the situation. He said the Committee had a lengthy discussion on rollover requests. He noted the District Attorney requested less than what is allowed to him through the rollover policy. Mr. Meskill reported a letter was received from the Public Service Commission in relation to E911 and how Tompkins County can have NYNEX get consent from its customers to release information so that the system can move forward. Report and Presentation of Resolution(s) from the Transportation Services and Facilities Committee 161 May 21, 1996 Ms. Blanchard, Chair, reported the Committee met May 15. She reported a bid has been accepted for the reconstruction, rebuilding, and replacement of the Forest Home Bridge, and that project will start in June. She stated there are discussions underway concerning the possibility of having a conference room at the Airport. She stated Tompkins Cortland Community College has come forward with interest in being a sponsor of that space. Ms. Blanchard stated guidelines for use of County conference rooms have been developed, and will be circulated to all users. She reported the Memorandum of Understanding with the Village of Lansing on potential land use changes with County property in the Village is still being worked on. A meeting is scheduled for June 4, and she hopes to have something for the Board to approve at the next meeting. She reported the Transit Center completed its interviews with the three final candidates for the General Manager position, and a final recommendation will be made in the next couple of weeks. RESOLUTION NO. 129 - AUTHORIZATION TO EXECUTE FUNDING AGREEMENT WITH NEW YORK STATE DEPARTMENT OF TRANSPORTATION (NYSDOT) - RENWICK DRIVE BRIDGE (BIN 3314300) OVER PLEASANT BROOK MOVED by Ms. Blanchard, seconded by Mr. Lane, and unanimously adopted by voice vote by members present. WHEREAS, a Project for the Renwick Drive Bridge, BIN 3314300, P.I.N. 375231 in the Town of Ithaca, funded for a Title 23 U.S. Code, as amended calls for the apportionment of the costs of such program to be borne at the ratio of 80 percent federal funds and 20 percent non-federal funds, and WHEREAS, the County of Tompkins desires to advance the above -project by making a commitment of 100 percent of the non-federal share of the costs of Design Phases I -VI and Right -of -Way (ROW) Incidentals, and WHEREAS, in order to expedite advancement of the project to construction and realize potential total project cost reductions, the Public Works Department sought permission from the New York State Department of Transportation to administer the project locally, and to do that the New York State Department of Transportation requires the County to appropriate 100% of the project costs and then file for reimbursement of eligible costs, and WHEREAS, Tompkins County has sufficient monies in the General Fund Balance to be able to advance the Federal share in anticipation of receipt of Federal funds, now therefore be it RESOLVED, on recommendation of the Transportation Services and Facilities Committee and Budget and Fiscal Policy Committee, That the Tompkins County Board of Representatives hereby approves the above -subject project and authorizes the County of Tompkins to pay in the first instance 100 percent of the federal and non-federal share of the costs of Design and ROW Incidentals work for the subject project or portions of the subject project, RESOLVED, further, That the sum of $133,335 is hereby appropriated from the General Fund Balance to Account No. D5110.4411, Highway Bridge Contracts, and made available to cover the cost of both local and Federal participation in the above design phase of the project, RESOLVED, further, That in the event the full federal and non-federal share costs of the project exceeds the amount appropriated above, the Board of Representatives shall convene as soon as possible to appropriate said excess amount immediately upon the notification of the New York State Department of Transportation thereof, RESOLVED, further, That federal reimbursements will accrue to the General Fund Balance, RESOLVED, further, That the County Administrator or designee be and is hereby authorized to execute all necessary agreements, certifications, or reimbursement requests for Federal Aid and/or Marchiselli on behalf of the County of Tompkins with the New York State Department of Transportation in connection with the advancement or approval of the above -subject project and providing for the administration of the project and the municipality's first- instance funding of project costs and permanent funding of the local share of federal -aid and 162 May 21, 1996 state -aid eligible project costs and all project costs within appropriations therefor that are not so eligible, RESOLVED, further, That a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the proj ect, RESOLVED, further, That this resolution shall take effect immediately. SEQR ACTION: TYPE II -20 RESOLUTION NO. 130 - AUTHORIZATION TO EXECUTE FUNDING AGREEMENT WITH NEW YORK STATE DEPARTMENT OF TRANSPORTATION (NYSDOT) - TRUMBULLS CORNERS ROAD BRIDGES (BINS 3314210 AND 3367940) OVER WEST ENFIELD CREEK MOVED by Ms. Blanchard, seconded by Mr. Lane, and unanimously adopted by voice vote by members present. WHEREAS, a Project for the Trumbulls Corners Road Bridges, BIN 3314210 and BIN 3367940, P.I.N. 375230 in the Town of Enfield, funded for a Title 23 U.S. Code, as amended calls for the apportionment of the costs of such program to be borne at the ratio of 80 percent federal funds and 20 percent non-federal funds, and WHEREAS, the County of Tompkins desires to advance the above -project by making a commitment of 100 percent of the non-federal share of the costs of Design Phases I -VI and Right -of -Way (ROW) Incidentals, and WHEREAS, in order to expedite advancement of the project to construction and realize potential total project cost reductions, the Public Works Department sought permission from the New York State Department of Transportation to administer the project locally, and to do that the New York State Department of Transportation requires the County to appropriate 100% of the project costs and then file for reimbursement of eligible costs, and WHEREAS, Tompkins County has sufficient monies in the General Fund Balance to be able to advance the Federal share in anticipation of receipt of Federal funds, now therefore be it RESOLVED, on recommendation of the Transportation Services and Facilities Committee and Budget and Fiscal Policy Committee, That the Tompkins County Board of Representatives hereby approves the above -subject project and authorizes the County of Tompkins to pay in the first instance 100 percent of the federal and non-federal share of the costs of Design and ROW Incidentals work for the subject project or portions of the subject project, RESOLVED, further, That the sum of $140,000 is hereby appropriated from the General Fund Balance and made available to Account No. D5110.4411, Highway Bridge Contracts, to cover the cost of both local and Federal participation in the above design phase of the project, RESOLVED, further, That in the event the full federal and non-federal share costs of the project exceeds the amount appropriated above, the Board of Representatives shall convene as soon as possible to appropriate said excess amount immediately upon the notification of the New York State Department of Transportation thereof, RESOLVED, further, That federal reimbursements will accrue to the General Fund Balance, RESOLVED, further, That the County Administrator or designee be and is hereby authorized to execute all necessary agreements, certifications, or reimbursement requests for Federal Aid and/or Marchiselli Aid on behalf of the County of Tompkins with the New York State Department of Transportation in connection with the advancement or approval of the above -subject project and providing for the administration of the Project and the municipality's first -instance funding of project costs and permanent funding of the local share of federal -aid and state -aid eligible project costs and all project costs within appropriations therefor that are not so eligible, 163 May 21, 1996 RESOLVED, further, That a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Proj ect, RESOLVED, further, That this resolution shall take effect immediately. SEQR ACTION: TYPE II -20 RESOLUTION NO. 131 - INCREASE IN HOURS OF POSITION, ACCOUNT CLERK/TYPIST, DEPARTMENT OF PUBLIC WORKS/HIGHWAY DIVISION MOVED by Ms. Blanchard, seconded by Mr. Totman, and unanimously adopted by voice vote by members present. Ms. Kiefer asked what length of time this increase is for. Ms. Blanchard stated this was approved by the Committee several months ago, and could not give an answer to this question at this time. WHEREAS, the County Highway Manager has recommended that additional time be devoted to applications for SEMO/FEMA grant and reimbursement funding due to flood damage, inputting data for our sign inventory program, and collecting data to be used in our ISTEA Grant Application, now therefore be it RESOLVED, on recommendation of the Transportation Services and Facilities Committee, That one position of Account Clerk/Typist competitive class be increased from 35.0 to 40.0 hours per week effective May 6, 1996, RESOLVED, further, That no additional funding is needed for this change. SEQR ACTION: TYPE 11-20 Report and Presentation of Resolution(s) from the Human Services and Human Resources Committee Mrs. Livesay, Chair, reported the Committee met May 8 and again on May 15. The Committee was given a presentation by Betsy Snyder of BOCES on the DOORS (Domestic Offense Offender Re- education Services) program and its loss in funding. This is the only program that exists in Tompkins County for male abusers. She said reports were also given from the Office for the Aging on budget cuts to the caregivers of disabled adults, and from HOST (Housing Opportunities for Seniors) Program. She reported a survey was conducted of the PERS (Personal Emergency Response Service), and the evaluation showed people are satisfied with the service. The Committee also has been discussing emergency housing and will continue gathering information and looking at options in this area. Mrs. Livesay said the Committee has begun its budget work. The next meeting will be June 5. RESOLUTION NO. 132 - ADOPTION OF AMENDMENT TO ADMINISTRATIVE POLICY 03-01, MANAGEMENT EMPLOYEE BENEFITS MOVED by Mrs. Livesay, seconded by Mr. Meskill. Ms. Kiefer said parts of the policy refers to "33 percent" time employees, and said she was not aware there were employees that worked one-third of full-time. Mr. Heyman said there are not many, but there are some employees that do. Mr. Meskill stated the purpose of this resolution is to accommodate the changes that were agreed to with this group of employees a few months ago. Ms. Kiefer said she will not support this resolution because it allows an employee to accrue disability leave while being on disability leave. A voice vote resulted as follows: Ayes - 13, Noes - 1 (Representative Kiefer), Excused - 1 (Representative Mink). RESOLUTION ADOPTED. 164 May 21, 1996 RESOLVED, on recommendation of the Human Services and Human Resources Committee, That the following Administrative Policy is hereby revised: 03-01 Management Employee Benefits SEQR ACTION: TYPE II - 20 RESOLUTION NO. 133 - AUTHORIZING A PUBLIC HEARING ON PROPOSED LOCAL LAW NO. 3 OF 1996 - ELECTING A RETIREMENT INCENTIVE PROGRAM AS AUTHORIZED BY CHAPTER 30, LAWS OF 1996, FOR THE ELIGIBLE EMPLOYEES OF THE COUNTY OF TOMPKINS MOVED by Mrs. Livesay, seconded by Ms. Kiefer, and unanimously adopted by voice vote by members present. RESOLVED, on recommendation of the Human Services and Human Resources 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, June 4, 1996, at 5:30 o'clock in the evening thereof concerning proposed Local Law No. 3 of 1996 - Electing a Retirement Incentive Program as Authorized by Chapter 30, Laws of 1996, for the Eligible Employees of the County of Tompkins. At such time and place all persons interested in the subject matter will be heard concerning the same, and 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: TYPE II - 20 Ms. Kiefer noted that under this version, positions no longer have to be abolished. She asked the County Administrator for an estimate of how many employees might be eligible. Mr. Heyman was not prepared to say at this time. RESOLUTION NO. 134 - ADOPTION OF RETIREMENT PLAN BENEFIT MOVED by Mrs. Livesay, seconded by Mr. Proto, and unanimously adopted by voice vote by members present. WHEREAS, the Management Negotiating group has requested that Section 41(j) benefits of the Retirement and Social Security Law be made available to management employees, and WHEREAS, this retirement plan modification would affect all employees in Tompkins County, now therefore be it RESOLVED, That the Board of Representatives of the County of Tompkins does hereby elect to provide the additional pension benefits of Section 41(j) of the Retirement and Social Security Law, as presently or hereafter amended, RESOLVED, further, That the effective date of such shall be the first day of June, 1996, or earlier as permitted by the NY State and Local Employees' Retirement System contingent upon their receipt of the approved resolution form from the County of Tompkins. SEQR ACTION: TYPE II -20 Report from the Planning, Community Development and Education Committee 165 May 21, 1996 Mrs. Schuler, Chair, reported the Committee met on May 14. She said a separate budgeting unit for the MPO (Metropolitan Planning Organization) was created and it also moved into the Transportation Services and Facilities Committee. She said the Committee dealt with rollover requests and approved a contract with the Village of Lansing for circuit rider services. She reported on May 18 the waterfront public information session will be held at the Youth Bureau Recreation Hall at 9 a.m. She announced on. May 23, 479 students will be graduating from Tompkins Cortland Community College. Report from the Solid Waste Committee Mr. Todd, Chairman, reported the Committee has not met since the last Board meeting. The next meeting will be May 29 at 10 a.m. in the Old Jail Conference Room. He reported Chairman Stein, Scott Heyman, and himself will be meeting on June 17 with the City of Ithaca Mayor and the City Controller to discuss payment in lieu of taxes on the Tompkins County Recycling and Solid Waste Facility. Report and Presentation of Resolution(s) from the Health and Environmental Quality Committee Mr. Evans, Chairman, reported the Committee has not met since the last Board meeting. The next meeting will be May 23 at 9:30 a.m. in the Old Jail Conference Room. He said there will be discussion at that meeting on a proposed scanner accuracy law. RESOLUTION NO. 135 - ACCEPTING REPORT OF THE ENVIRONMENTAL MANAGEMENT COUNCIL MOVED by Mr. Evans, seconded by Ms. Davis, and unanimously adopted by voice vote by members present. WHEREAS, the Environmental Management Council (EMC) has prepared a report entitled "Framework for Long Range Environmental Planning in Tompkins County" dated February 1996, and WHEREAS, said document provides the framework for developing an environmental long range plan for Tompkins County, now therefore be it RESOLVED, on recommendation of the Health and Environmental Quality Committee, That the Board of Representatives accepts the report of the Environmental Management Council. SEQR ACTION: TYPE II -20 Report from the Budget and Fiscal Policy Committee Mr. Joseph, Chairman, reported the term "special request" has been changed. The Committee has changed the name to "over target request". He said the Rollover Task Force met this morning and has recommended a new policy for the Committee to consider at its next meeting. Mr. Joseph said he will see that this proposal is circulated to all Board members. Report and Presentation of Resolution(s) from the Governmental Operations and Administration Committee Mr. Lane, Chairman, reported the Committee met on May 13, and again this afternoon. He said at today's meeting the Committee reviewed rollover requests, and also passed a motion to move the Public Information Committee budget from the Board's budget to the Administration budget. There was also a presentation by Jackie Kippola, Contracts Administrator, on how her additional hours that were temporarily authorized would bring savings to the County. He said the Committee is also discussing the subject of dependent care, and asked Board members to complete and return the surveys they have received as quickly as possible. 166 May 21, 1996 Ms. Blanchard was excused at 7:59 p.m. RESOLUTION NO. 136 - AMENDMENT OF ADMINISTRATIVE POLICY 01-28, COUNTY -OWNED VEHICLES MOVED by Mr. Lane, seconded by Mr. Evans. Ms. Kiefer asked why certain departments are excluded from this policy. The Governmental Operations and Administration Committee was asked to follow-up on this. A voice vote resulted as follows: Ayes - 13, Noes - 0, Excused - 2 (Representatives Blanchard and Mink). RESOLUTION ADOPTED. RESOLVED, on recommendation of the Governmental Operations and Administration Committee, That Administrative Policy 01-28, County -owned Vehicles, No. 2, is amended as indicated in the following: 2. The Use of County -Owned Vehicles forms (Exhibits H, I and J) must be kept for each department car, except Public Works, Weights and Measures, Sheriff's, and Fire and Disaster vehicles and submitted monthly to the [Budget and Finance Office] department head who must retain the forms in chronological order so that they can be reviewed upon request. SEQR ACTION: TYPE II -20 RESOLUTION NO. 137 - AMENDING THE RULES OF THE BOARD OF REPRESENTATIVES MOVED by Mr. Lane, seconded by Mr. Evans. Mr. Proto stated he feels this resolution will take away the opportunity for Board members to abstain from voting in a committee meeting. Mr. Meskill said this is a committee action government that brings resolutions forward, and feels Board members should be as accountable in committees as they are in Board meetings. He said a Board member may still vote no in a Committee meeting, stating the reasons why, and have the statement recorded in the minutes. Mr. Lane said this resolution does not prohibit someone from abstaining in the proper case. A person who has a genuine conflict can be permitted to abstain from voting. Mr. Joseph stated that under the rule it takes the majority of a full committee to pass something, and abstaining can block a resolution from proceeding just as effectively as voting no. It was MOVED by Ms. Kiefer, seconded by Mr. Joseph, to add the following in the RESOLVED, last line, after "Board of Representatives": Substitute the words "standing committee for Board", and in paragraph three substituting "Chair" for "Clerk". Mr. Lane stated he does not feel this motion is needed. A show of hands vote resulted as follows: Ayes - 5 (Representatives Joseph, Kiefer, Proto, Schuler, and Stein); Noes - 8 (Representatives Evans, Davis, Livesay, Lane, Meskill, Todd, Totman, and Winch); Excused - 2 (Representatives Blanchard and Mink). MOTION FAILED. It was MOVED by Mr. Joseph, seconded by Mr. Meskill, to add the words "and special" after the word "standing". A voice vote resulted as follows: Ayes - 13, Noes - 0, Excused - 2 (Representatives Blanchard and Mink). MOTION CARRIED. A voice vote on the resolution as amended resulted as follows: Ayes - 12, Noes - 1 (Representative Proto), Excused - 2 (Representatives Blanchard and Mink). RESOLUTION ADOPTED. WHEREAS, it is desirable for the standing committees of the Board of Representatives to adhere to the voting rules of the Board, now therefore be it RESOLVED, on recommendation of the Governmental Operations and Administration Committee, That Rule VII, Rules of Voting, of the Rules of the Board of Representatives is hereby amended as follows: Add the following: 167 May 21, 1996 "(8) Paragraphs (1) through (5) of this Rule shall apply to all of the standing and special committees of the Board of Representatives." SEQR ACTION: TYPE II -20 Representative Meskill was excused at 8:14 p.m. Report from the Leadership Council There was no report. Report from the Rural Affairs Committee Mr. Proto, Chairman, reported the Committee will meet May 22 at 9 a.m. Report from the Electronic Future Committee Mr. Evans, Chairman, had no report. Report from the Public Information Committee Mr. Joseph had no report. Report from the Charter Review Committee Mr. Lane, Chairman, had no report. Report from the Human Services Building Construction Committee Mrs. Schuler stated the next meetings are scheduled for May 30 and June 13. Ms. Kiefer noted that following the May 16 meeting at which Ed Cope, Chair of the Environmental Management Council, presented concerns and suggestions about designing for energy conservation, a productive in-depth discussion meeting was held on May 20 with David KuKuck of Thomas Associates; James Kazda, County Senior Civil Engineer; Ed Cope, and Dooley Kiefer. Approval of Minutes of Mav 7. 1996 It was MOVED by Mr. Totman, seconded by Mrs. Schuler, and unanimously adopted by voice vote by members present, to approve the minutes of May 7, 1996, with the correction submitted by Representative Kiefer. MINUTES APPROVED. Miscellaneous Mr. Proto asked that, in the future, when both the chair and vice chair of a committee are absent, other arrangements be made for the committee's report to be given. Adjournment On motion the meeting adjourned at 8:20 p.m. 168 June 4, 1996 Regular Meeting Public Hearing - Local Law No. 3 of 1996 Chairman Stein called the public hearing to order at 5:33 p.m. concerning Local Law No. 3 of 1996 - Electing a Retirement Incentive Program as Authorized by Chapter 30 of the Laws of 1996 for the Eligible Employees of the County of Tompkins. Chairman Stein asked if anyone wished to speak. No one wished to speak and the public hearing was closed at 5:34 p.m. Pledge of Allegiance to the Flag and Roll Call of Members Members and guests participated in the Pledge of Allegiance to the Flag. Present: 14 Representatives. Excused: 1 (Representative Winch). Privilege of the Floor by the Public Jill Brantley, City of Ithaca, spoke in support of the reimbursement of dependent care expenses. Ms. Brantley said provisions for childcare are a part of every professional organization she belongs to. She said she was very impressed by the articles that have appeared recently in the Ithaca Journal's Letters to the Editor. She hopes that during the Board's debate on this subject, that the Board will address the concerns that have been raised. Ms. Brantley distributed copies of the Ithaca Journal's Letters to the Editor. Karen Barden, Town of Caroline, read and submitted the following statement for the record: "I am here tonight to express my perspective on an issue that arose a couple of weeks ago: That of child care compensation. I understand that the committee evaluating policy is addressing the issue in the more broad terms of dependent care. However, the many comments made two weeks ago to support the implementation of that policy focused on child care. I heard more than once that you, the Board, have an opportunity to send a positive message by instituting child care compensation policy. I heard the messages: that children know they are important and cared for; that the political playing field be made more equitable; that women should not be burdened with the role of nurturer. But would this policy truly send such messages? Have any of you considered the negative message it would send? I would agree wholeheartedly that children need to be affirmed, shown that they are important, and cared for. However, I do not agree that child care compensation is an expression of that statement. What better way is there to show a child he or she is important than by a parent staying home to care for them? I am not saying that children are necessarily poorly cared for when another is hired to watch them. Certainly we have many fine child care providers in Tompkins County. I am saying that the issue is not properly expressed as affirmation of the child. On the contrary, it is an affirmation of the parent who desires to be on the Board. The issue of fairness and equal opportunity was raised. I sincerely doubt that financial compensation of any sort would ever effectively equalize the opportunity for all citizens to serve in government. There will always be handicaps and roadblocks of some type for various people. Some appear to be simple and easily remedied with money. Others, however, are not easily solved or quantified financially. For example, some citizens are not willing to undergo the public scrutiny of their lives. Others simply do not have the personality for public appeal, nor the boldness to overcome it. Still others are not financially capable of dedicating time to such a demanding position. Nor would making the position a full-time one be the solution: that would effectively limit the field to the well-to-do, the 169 June 4, 1996 retired, or the unemployed. All other citizens would be risking their jobs and the welfare of their families by taking on a full-time elected government position which gives no guarantees for multiple terms. There is no simple way to make this equal for all. One of the citizens who spoke to you in May bemoaned the image of the 1990's woman still carrying the burden of nurturing and caring for her children. She spoke of the need for women to move away from the role of being the nurturers and toward the role of public involvement. You can be sure she does not speak for me and the many others who have chosen to be the care -givers for our children, and who have chosen to forgo the rewards of public involvement in exchange for the rewards of shaping the future generation. In fact, what I hear underlying her statements is the sentiment that a person has value only when working outside of the home. In my mind, that is far more damaging to the esteem of women in our society than the numerical shortage of women in highly visible positions. To be sure, the decision to stay home or not is a difficult one, with each demanding its own sacrifices. And there are those families where both parents must work to pay the bills. You may well argue that it is a family's choice to live on one income, and that the spouse could enter the job market. True. And it was also your choice to serve on the Board. I would remind you that your position of County Representatives is that of public service. This is not a position of employment. The stipend you receive is, effectively, a token of gratitude by the citizens for your work and recognition that it is a demanding one. It does not reflect the many hours of work many of you put in to do a good job for your constituents. Because of its representative nature, there are certain requirements you must fulfill, such as being a U.S. citizen, and being a resident of the district you represent. Beyond the requirements, however, your presence here is a matter of choice: you chose to run for election, and your constituents chose you to represent them. This choice demands commitment, dedication, and even some sacrifices for the chance to lead and influence the lives of over 90,000 people. It would be a distortion of the position to treat it as one of employment where one's financial needs are met. Indeed, how fair is it to the taxpayers that they pay for such privileges as insurance and dependent care for their representative, yet might receive none for themselves? The Board should be aware of the negative message which would be sent to those of us who have chosen a traditional way of life. Likewise this issue raises many questions. Is the stay-at-home parent worth less than the caretaker who charges for services? How are you going to fairly compensate the spouse who stays home while a Board member is fulfilling his or her duties? Who is to say that they are not making a financial sacrifice? I ask that you turn to your constituents. Looking to other counties to see what they have done is easy and possibly non -controversial. However, they are not the people you represent. You do not need to copy others. You are capable of doing this, as evidenced by the path you chose in setting up the E-911 system. The decision must be made as all decisions ought to be made: with thought and consideration of the constituent". Chairman Stein complimented both individuals who spoke under Privilege of the Floor. He stated the speakers were calm and rational. He said this has been an interesting issue to see deliberated in the media and press because it is one of the very few times that real thought and substance given to discussion in the public media to a matter of public policy. Privilege of the Floor by Board Members Mr. Lane, District No. 14 Representative, displayed a bridge plate. He said years ago when truss bridges were being used all over the country the builder of the bridge would affix a bridge plate to tell what company made it. The one he displayed was from the Groton Iron Bridge Company Builders and dated 1887. He said the plate was on the Red Mill Bridge over Fall Creek. Mr. Lane said, unfortunately the plate was stolen in the last few years. He reported Brad Albro, an antique proprietor in Groton, recently recovered the plate and was very anxious that it be returned to its proper place. Mr. Lane said the Red Mill Bridge is theoldest bridge in Tompkins County that is still in use on a regular basis. The 170 June 4, 1996 Bridge is on the County's Bridge Plan for reconstruction, and work to reconstruct, rebuild, and reinforce that bridge should be done next year. Mr. Meskill, District No. 15 Representative, said he will be driving his fire truck in the Flag Day Parade, and said if any Board member is interested they may ride along. Chairman Stein stated there are some Board members who will also be marching in the Parade. Presentation by the Rural Affairs Committee Mr. Proto, Chairman, Rural Affairs Committee, updated the Board on the progress the Committee has made in the Committee's second year. Mr. Proto announced the membership of the Committee, and stated there have been over 15 meetings during the past year with various agencies, as well as the Committee. He highlighted the three themes outlined in the Report: communication and outreach, economic development, and special issues of rural concern. He presented a copy of the Report, and stated a copy is on file in the Board Office. He stated the Committee is working on setting a public forum in the Town of Groton. Mr. Lane, Member of the Committee, stated he is looking forward to the next set of public forums. He said the forums that have been held so far have been possibly the most educational things he has done since being on this Board. He encouraged other Board members to attend these forums also. Addition of Resolution(s) to the Agenda On motion of the appropriate committee chairmen and duly seconded and unanimously adopted by voice vote by members present, the following resolution(s) were added to the agenda: Budget Adjustments - Various Departments Authorization to Award contracts to Assist in the Planning and Engineering of the Permanent Household Hazardous Waste (HHW) Management Center Resolution in Support of New York State Indemnifying Soil and Water Conservation District Employees and Personnel Approval to Apply for Hazard Mitigation Grant with County Match Withdrawal of Resolution(s) from the Agenda Chairman Stein gave the appropriate committee chairman permission to withdraw from the agenda the following resolution(s) from the agenda: Authorizing Change in Environmental Health Fees - 1997 Withdrawal of Resolution(s) Not Requiring Board Action Chairman Stein gave the appropriate committee chairman permission to withdraw from the agenda the following resolution with final committee action being affirmed: CA016-96 - Authorization to Execute Change Order - Construction Quality Assurance Material's Testing - Phase III Closure Chairman's Report and Appointment(s) Chairman Stein had no report. Appointment(s) 171 June 4, 1996 Chairman Stein made the following appointments with two-year terms, to the Household Hazardous Waste Advisory Group (HHWMAG): Ray Wheaton - Ithaca Fire Department representative Glenda Long - Small Business representative Sharon Anderson or designee - Cornell Cooperative Extension representative Judy Jones - Cornell University representative Carolyn Long - Environmental Management Council representative James Niefer - NACCPF (Neighborhood Advisory Committee for the Commercial Avenue Central Processing Facility) representative Jane Brentlinger - League of Women Voters representative Barb Demjanec - At -large representative Persephone Doliner - At -large representative Franklin Moore - At -large representative Report from the County Administrator Mr. Heyman updated the Board on the status of negotiations relating to the State Budget. He reported NYSAC (New York State Association of Counties) filed a lawsuit against the State of New York over its continuing practice of mandating that counties pay a certain amount of money for preschool handicapped education, requiring the State to pay only a certain amount for this, and then not budgeting for this during the State budget process. Report from the County Attorney Mr. Theisen reported the solid waste fee legislation that would allow Tompkins County to put the Annual Fee on the property tax bill has passed the Senate and the Assembly. He reported on the status of the proposed transportation legislation and the proposed legislation to impose sales tax on the Statler Hotel at Cornell University. He stated they are in the process but have not yet been passed. Mr. Theisen said he will put together a report on the County's legal expenses for the first six months of 1996. Report from the Finance Director Mr. Squires reported a meeting will be held June 5 with town clerks to discuss the placement of the Solid Waste Annual Fee on the property tax bill. Mr. Squires said on June 11 he will be going to market for a bond. Mr. Squires presented the prospectus, which has the County's latest financial statements in it. He said he has asked that placing this on the public access channel be considered, which gives the County's Internet address on which this document is available. Approval of Resolution(s) Under the Consent Agenda It was Moved by Mr. Meskill, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, to approve the following resolutions under the Consent Agenda: RESOLUTION NO. 138 - OPPOSING NEW YORK STATE ASSEMBLY BILL 8433 AS AMENDED MOVED by Mr. Meskill, seconded by Mr. Proto, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the Laws of the State of New York currently allow counties and municipalities to pass local laws, ordinances, rules, and regulations with regard to public health, and 172 June 4, 1996 WHEREAS, Members of the New York State Assembly have filed legislation which would remove from counties and municipalities the ability to pass such local laws, ordinances, rules, and regulations when they involve the use of tobacco products in bars and food service establishments, and WHEREAS, this legislation, Assembly Bill 8433, would supersede any local law, ordinance, rule, or regulation approved at any level of government lower than that of the State of New York when the issue concerns the use of tobacco products in bars and food service establishments, and WHEREAS, this legislation would effectively force the State Legislature to encode statutes to be applied broadly to municipalities from Long Island to Buffalo, rather than keeping authority to approve and enforce regulations where it rightly belongs, with the municipalities themselves, and WHEREAS, regardless of one's opinion relative to the issue of smoking in public places, county and municipal elected officials throughout the State would agree that decisions of this type rightly belong on the local level, rather than the State level, now therefore be it RESOLVED, on recommendation of the Health and Environmental Quality Committee, That the Tompkins County Board of Representatives hereby goes on record in opposition to Assembly Bill 8433, due to the fact that this legislation would remove the authority to pass legislation regarding the use of tobacco products in bars and food service establishments from county and municipal governments and would invest that authority into the State legislature, RESOLVED, further, That the Tompkins County Board of Representatives hereby asserts its belief that decisions relative to the use of tobacco should rightfully be made on the local level, as county and municipal lawmakers are those closest to the constituency and should have the right to approve or disapprove legislation of this kind without being subjected to a broad edict from the State, RESOLVED, further, That certified copies of this resolution be forwarded by the Clerk of the Board to Governor George Pataki, State Assembly Speaker Sheldon Silver, State Majority Leader Joseph Brown, State Senate Local Government Chairperson Mary Lou Rath, Assembly Governmental Operations Chairman Thomas DiNapoli, the local delegation to the State Assembly and State Senate, the Finance Director, the Public Health Director, and to the Clerk of each Legislative Board in New York State. SEQR ACTION: TYPE 11-20 RESOLUTION NO. 139 - RESOLUTION IN SUPPORT OF INCREASED STATE REIMBURSEMENT FOR SOIL AND WATER CONSERVATION DISTRICTS MOVED by Mr. Meskill, seconded by Mr. Proto, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the Tompkins County Soil and Water Conservation District (SWCD) provides valuable services to the municipalities and residents of Tompkins County including the agricultural sector, and WHEREAS, SWCD's were instituted to carry -out specific purposes of New York State, and WHEREAS, the cap on State payments to SWCD's has remained at $10,000 since 1981, ignoring the effects of inflation, and limiting the ability of an SWCD to fulfill its statutory and regulatory mission, and WHEREAS, companion bills - S.3538 -A and A.6527 -A - are pending in the State legislature this session that will raise the cap on State reimbursement to $30,000, now therefore be it RESOLVED, on recommendation of the Health and Environmental Quality Committee, That the Tompkins County Board of Representatives wholeheartedly supports this legislation and asks its representatives in the State Legislation to work for its passage. SEQR ACTION: TYPE II -20 173 June 4, 1996 Presentation of Resolution(s) from the Human Services and Human Resources Committee RESOLUTION NO. 140 - ADOPTION OF LOCAL LAW NO. 3 OF 1996 - ELECTING A RETIREMENT INCENTIVE PROGRAM AS AUTHORIZED CHAPTER 30 OF THE LAWS OF 1996 FOR THE ELIGIBLE EMPLOYEES OF THE COUNTY OF TOMPKINS MOVED by Ms. Mink, seconded by Mr. Evans, and unanimously adopted by voice vote by members present. WHEREAS, a public hearing has been held before the Board of Representatives on June 4, 1996, to hear all persons interested in proposed Local Law No. 3 of 1996, now therefore be it RESOLVED, on recommendation of the Human Services and Human Resources Committee, That Local Law No. 3 of 1996-- Electing a Retirement Incentive Program as Authorized by Chapter 30 of the Laws of 1996 for the Eligible Employees of the County of Tompkins be and hereby is adopted, RESOLVED, further, That the Clerk of the Board shall publish in the official newspaper of the 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, and RESOLVED, further, That this incentive may be used by any eligible employee who so chooses, provided that the department head has recommended a plan that will result in a financial saving equal to 50 percent of the base salary of the retiring employee over a two year period following the retirement, said plan to be approved. SEQR ACTION: TYPE 11-20 Appointments Approved Under the Consent Agenda It was MOVED by Mr. Meskill, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, to approve the appointment of Barbara Caldwell to the Tompkins County Planning Federation as the Town of Dryden representative under the Consent Agenda. Report and Presentation of Resolution(s) from the Human Services and Human Resources Committee RESOLUTION NO. 141- CREATION OF TRAINING COORDINATOR POSITION - DEPARTMENT OF PERSONNEL (Postponed to June 18, 1996 and adopted) MOVED by Mrs. Livesay, seconded by Ms. Mink. Mr. Heyman, County Administrator, addressed concerns that were submitted by Board members. Mr. Meskill said at budget time he would like Board members to be able to see a breakdown of all positions paid for in the CDI (Centrally Distributed Items) budget. Mr. Evans stated he is concerned about requiring a continual training position for a TQM(Total Quality Management) Approach because in his view, that is a self -developing and self - nurturing process once the seed has been planted by the consultants. He said he does not believe it should require an additional full-time employee to make PFQ (Partners for Quality) function properly. Ms. Mink, Leadership Council, said it has become clear at the last meeting that the program cannot develop without people who know what they are doing, working in a very labor-intensive way. She stated the Department of Social Services cannot move forward unless there are people to train the trainers in-house. Mr. Evans said he feels once one team is trained, that team should be able to train another team. Ms. Mink suggested placing a time limit on this resolution so that the Board may formally 174 June 4, 1996 reevaluate and reassess what the position is doing and whether it is time to shift focus and make sure everyone is up to date. Mr. Lane stated the he has concern with the creation of a new position. He suggested contacting TC3 (Tompkins Cortland Community College), and contract with them for this training. Mr. Heyman said Nancy Zahler, Youth Bureau Director, has discussed this with TC3. Ms. Blanchard stated she cannot support the creation of an additional position. She does not feel this is the time to be adding staff, but rather a time to look at ways to reduce the size of government. She said she would like to see a very focused RFP (Request for Proposal) and a response be obtained from consultants to perform this work on a trial basis. Mr. Stein said there are times when it is much more expensive to contract with consultants and each case should be judged on an individual basis. Ms. Blanchard stated she does not agree with the figures presented in the back-up material. Mr. Proto said he is concerned with trying to create a position to train employees when in the past, there was a proposal that came before the Board, that would have had employees returning from conferences train other employees on what they had learned. He said he cannot support this resolution because he does not feel all internal options have been exhausted. Mr. Meskill stated he could support this resolution if it were part of the entire budget package. Mrs. Livesay said this is something that has been planned for a long time and has been looked at in-depth. She said she does not feel that by attending a conference, someone returns capable of training another person on what they learned. Ms. Davis stated she is employed as a Trainer, and said she knows from personal experience that someone cannot go to a workshop, come back and train people because there are skills specific to training needed to adequately do this. She said she believes Tompkins County employees are efficient, effective, and perform at the peak of their capacity, and said if there are employees who have excess time who could go ahead and train, that is a separate problem that needs to be addressed. She said what the County is asking employees to do is change, and this is very difficult to do. She said it would be a very good thing if the County had its own employee who is willing and able to help employees move in the direction we as a Board have indicated they should go (PFQ). Ms. Kiefer said she thinks there has been an absence of training coordination, and feels this is something that should be restored, and is glad the position is proposed to be in the Personnel Department. She referred to the backup information, and said she was startled by the high cost figures to hire a consultant to do this training. She said she could support this resolution this evening if a time limit is placed on the position. Ms.Mink said it is very important that this resolution pass, and by a large majority of this Board. She said this is a vote of confidence in the employees and in the staff development that has been discussed for years but hasn't had enough committed resources. She stated the TQM program cannot be rolled out the way the Board promised to without hiring a trainer. Mrs. Livesay stated the difference between this position and others that were created by putting them at budget time, is that this is a position that was seen as necessary, was budgeted for, but has taken until this time to prepare all of the work that was requested, to get to this point. She said money for this position has been budgeted for. It was MOVED by Mrs. Schuler, seconded by Mr. Evans to postpone this resolution until the start of the budget process. 175 June 4, 1996 It was MOVED by Mr. Evans, seconded by Ms. Mink, to amend the amendment by postponing this resolution to the June 18 meeting. Mr. Todd said he does not feel this is a referendum on how the Board feels about County employees. He thinks the County has great employees, and questions the amount of training employee's need. Mr. Joseph said he feels the County is ready to move on the quality initiative, and waiting until the budget process would be a bad idea. A roll call vote on amending the amendment by postponing this to the June 18 Board meeting resulted as follows: Ayes - 8 (Representatives Davis, Evans, Joseph, Kiefer, Livesay, Mink, Schuler, and Stein); Noes - 6 (Representatives Blanchard, Lane, Meskill, Proto, Todd, and Totman); Excused - 1 (Representative Winch). MOTION CARRIED. RESOLUTION POSTPONED TO THE JUNE 18 BOARD MEETING. Ms. Kiefer asked that the Leadership Council put together some information to show why this would be a better financial option than the hiring of a consultant to perform these duties. Mrs. Livesay, Chair, reported the Committee has not met. The next meeting will be June 5 at noon in the SADD Conference Room. RESOLUTION NO. 142 - BUDGET ADJUSTMENTS -VARIOUS DEPARTMENTS MOVED by Mrs. Livesay, seconded by Ms. Davis, and unanimously adopted by voice vote by members present. RESOLVED, on recommendation of the Human Services and Human Resources Committee, That the Director of Finance be directed to make the following budget adjustment on his books: Office for the Aging Revenue: A6782.2705 Gifts and Donations $135 Appropriation: A6782.4330 Printing $135 SEQR ACTION: TYPE II -20 Report and Presentation of Resolution(s) from the Solid Waste and Recycling Committee Mr. Todd, Chairman, reported at the last Committee meeting on May 29, appointments to the Household Hazardous Waste Management Advisory Board were approved. The solicitation of bids for the curbside collection of recycling material in the City of Ithaca was also approved. A report was given by Tom Richardson of the Solid Waste Division on a pilot farm food waste composting project with Cornell. The Committee also heard a report on the final phase of closure of the Hillview Road Landfill. The next meeting will be June 14 at 2 p.m. RESOLUTION NO. 143 - AUTHORIZATION TO AWARD CONTRACTS TO ASSIST IN THE PLANNING AND ENGINEERING OF THE PERMANENT HOUSEHOLD HAZARDOUS WASTE (HHW) MANAGEMENT CENTER MOVED by Mr. Todd, seconded by Ms. Kiefer, and unanimously adopted by voice vote by members present. 176 June 4, 1996 WHEREAS, the 1994 Tompkins County Solid Waste Management Plan committed the County to "provide for safe disposal of toxics through a Household Hazardous Waste management program including a collection center.." (pg 1-3)... "sited at the same location as the Recycling and Solid Waste Center..."(viii), and WHEREAS, the County has solicited quotes for the planning and engineering of the permanent HHW Management facility, and WHEREAS, six proposals were received, now therefore be it RESOLVED, on recommendations of the Solid Waste and Recycling Committee, That the contract to plan the HHW Management Center be awarded to Waste Watch Center of Andover, Massachusetts, at a cost not to exceed $15,709, to be funded from the HH8168 account, RESOLVED, further, That the contract for design and engineering services of the HHW Management Center be awarded to Barton and Loguidice of Syracuse, New York, at a cost not to exceed $25,650, to be funded from the HH8168 account, RESOLVED, further, That the Solid Waste Manager be authorized to execute contracts for Waste Watch Center and Barton and Loguidice. SEQR ACTION: TYPE II -20 Report from the Public Safety Committee Mr. Meskill, Chairman, reported the Committee will meet June 10 at 1:30 p.m. Mr. Meskill stated he gave a press release on May 31 concerning the status of the E-911 system. He stated the Sheriff will be responding to a memo he received from Mr. Meskill regarding the boarding out of prisoners at the Jail. Another item that will be on the agenda for the meeting on June 10 is an item of concern by Lauren Austin, Human Rights Commissioner, in relation to medical concerns of inmates at the Jail. Report from the Planning, Community Development and Education Committee Mrs. Schuler, Chair, reported the Committee will meet at 9 a.m. on June 11 at the Tompkins County Museum (DeWitt Historical Society). At that meeting the Committee will discuss the Public Library, and will have a tour of DeWitt Historical Society at 9:45 a.m. Mrs. Schuler reported the Ithaca Festival was held last weekend, and was a great success. It was clear that this event is attended by people from not only Tompkins County, but the Region and beyond. Report from the Transportation Services and Facilities Committee Ms. Blanchard, Chair, reported the Committee will meet June 5. She reported no action has been taken by the federal government on reinstating the Passenger Facility Charges. She reported on the Airport Improvement Program, and stated funding will likely be cut in half from approximately $1.9 Billion. She said this will have serious implications for smaller airports, such as Tompkins. She said she hopes to announce the name of the new Transit Manager at the next Board meeting. Ms. Blanchard reported on the MOU (Memorandum of Understanding) with the Village of Lansing, and stated it was completed at a meeting held this morning. She said the document will be approved by the Transportation Services and Facilities Committee; however, it will be circulated to the Governmental Operations and Administration Committee and the Planning, Community Development and Education Committee. Report and Presentation of Resolution(s) from the Health and Environmental Quality Committee Mr. Evans, Chairman, reported the Committee met on May 23 and much of the business conducted at that meeting is reflected on the agenda. Mr. Evans explained his reasons for withdrawing the resolution on the agenda entitled Authorizing Change in Environmental Health Fees - 1997, and 177 June 4, 1996 stated information will be distributed to Board members. He said a report was given by Madison Wright on the South Central Resource Conservation and Development Committee, on which he serves. Mr. Evans said Mr. Wright distributed information on that Committee to all Board members, and Board members should let him know if they have any questions. The Committee also had a lengthy discussion on the proposed electronic pricing law. The proposed law was postponed to the next meeting. He said he has asked representatives of stores who use this equipment, to attend the next meeting to discuss the subject with the Committee. The Committee also received a report from Barb Demjanec from the Soil and Water Conservation District. The next meeting will be June 27. Mr. Joseph reported he attended a meeting yesterday with the Chamber of Commerce County Affairs Committee to discuss the proposed electronic pricing law, and a lot of issues were raised. He said he will be bringing a revised version of that law to the next Health and Environmental Quality Committee meeting. RESOLUTION NO. 144 - RESOLUTION IN SUPPORT OF NEW YORK STATE INDEMNIFYING SOIL AND WATER CONSERVATION DISTRICT EMPLOYEES AND PERSONNEL MOVED by Mr. Evans, seconded by Mr. Totman, and unanimously adopted by voice vote by members present. WHEREAS, the Soil and Water Conservation Districts in the State of New York have become leaders in the field of resource -related issues, and WHEREAS, the Soil and Water Conservation Districts in the State of New York are facing increased demand for services and assistance including those programs mandated and/or funded by the State of New York, and WHEREAS, the directors and employees of Soil and Water Conservation Districts in the State of New York are not indemnified under the Public Officers Law nor under Soil and Water District Law, and WHEREAS, legislation (S.2404 and A.3880) has been introduced in the New York State Legislature that would remedy this situation, now therefore be it RESOLVED, on recommendation of the Health and Environmental Quality Committee, That the Tompkins County Board of Representatives endorses S.2404 and A.3880 and calls upon its elected State legislators to support such amendments to existing law to provide for the indemnification of Soil and Water Conservation Districts, RESOLVED further, That copies of this resolution be sent directly to Governor Pataki, Senators Bruno, Kuhl, and Seward, and Assemblymen Silver and Luster by the Clerk of this Board. SEQR ACTION: TYPE II -20 RESOLUTION NO. 145 - APPROVAL TO APPLY FOR HAZARD MITIGATION GRANT WITH COUNTY MATCH MOVED by Mr. Evans, seconded by Mr. Proto. Mr. Meskill stated the project seems to be very worthwhile, however, he is concerned with where the $37,000 will come from. He asked if voting to approve this resolution is the same as voting to approve a Contingency Fund request, and if so, this should be included in the resolution. The most likely sources are $12,000 in-kind to do the flood -plain maps and $25,000 from contingency. Mr. Evans stated this resolution does not require Budget and Fiscal Policy Committee action at this time; however, if the grant is awarded to Tompkins County, a funding request would need to be approved by the Committee at that time. Following a lengthy discussion, a voice vote on the resolution resulted as follows: Ayes - 14, Noes — 0, Excused - 1 (Representative Winch). RESOLUTION ADOPTED. WHEREAS, the County has submitted a Letter of Intent for a Hazard Mitigation Grant to develop a County -wide Long -Term sustainable Flood Mitigation Plan, and 178 June 4, 1996 WHEREAS, the County has been informed that the Letter of Intent qualifies under this Hazard Mitigation Grant Program and that the County has been asked to submit a full grant application, and WHEREAS, this grant, of $112,500, if awarded this year, will require a County match of $37,500 and made up of cash and in-kind services, of which approximately $25,000 will come from. the Contingent Fund, and WHEREAS, these monies would be used to fully document flood hazard zones within Tompkins County, provide valuations of structures by hazard zones and establish a revolving loan fund from which property owners may borrow to repair or construct structures to mitigate flood effects, now therefore be it RESOLVED, on recommendation of the Health and Environmental Quality Committee, That the County Planning Department be authorized to apply for these funds as part of a flood mitigation program, in compliance with the County Water Quality Strategy Plan, and with the cooperation of the Water Quality Strategy Committee, the Soil and Water Conservation District to reduce erosion and to reduce long-term impacts of flooding in Tompkins County. SEQR ACTION: TYPE II -20 Report from the Budget and Fiscal Policy Committee Mr. Joseph, Chairman, presented and described the recommended 1997 budget forms. He noted there is not a separate breakout for administrative costs. Report and Presentation of Resolution(s) from the Governmental Operations and Administration Committee Mr. Lane, Chairman, reported the Committee will meet June 10 at 3:30 p.m. He reported on the status of the issue of reimbursement of dependent care expenses for Board members, and said surveys that were sent to other New York State counties are coming in at this time. He thanked all Board members for returning the surveys that were sent to them on this subject. RESOLUTION NO. 146 - RESOLUTION OF APPRECIATION AND DEDICATION OF THE DONALD P. FRANKLIN CONFERENCE ROOM MOVED by Mr. Lane and unanimously seconded and adopted by voice vote by members present. WHEREAS, Donald P. Franklin has served Tompkins County long and faithfully for 27 years, the last 12 of which have been as Director of the Division of Assessment, and WHEREAS, he is retiring on June 28, 1996, now therefore be it RESOLVED, on recommendation of the Assessment Division staff, Governmental Operations and Administration Committee, and the Transportation Services and Facilities Committee, That in recognition of his service to Tompkins County, and as a lasting tribute to him, we hereby dedicate the second floor conference room in Building C, and name it the Donald P. Franklin Conference Room. SEQR ACTION; TYPE II -20 Report from the Electronic Future Committee Mr. Evans, Chairman, reported the next meeting will be June 6 at 3:15 p.m. in the Sherman Peer Room at the Tompkins County Public Library. Mr. Evans stated the Committee will now meet the first and third Thursday of each month. Ms. Kiefer requested to be put on the distribution list for the agenda for these meetings. Mr. Evans said this would be done. 179 June 4, 1996 Report from the Public Information Committee Mr. Joseph had no report. Report from the Charter Review Committee Mr. Lane, Chairman, reported the next Committee meeting will be scheduled soon. Report from the Economic Development Committee Ms. Mink, Chair, reported the first meeting of the Economic Alliance was held today. The group met to brainstorm about strategy in implementing an economic plan for the County. One area of agreement seems to be the need to articulate some specific goals for the County, and then figure out a structure to accomplish those goals. At the last Economic Development Committee meeting there was a presentation by Arthur Pearce and Charles Schlough concerning the Business Improvement District that is proposed for the City of Ithaca; she noted that Tompkins County has three properties that would be included. Report from the Human Services Building Construction Committee Ms. Mink, Chair, reported the Committee met May 30. She said approximately 20 firms have responded to the demolition package. The bid opening is scheduled for June 10, and demolition is scheduled between June 18 and July 18. She said the Committee is coordinating a hauling route for the project with the City, to try to minimize the impact on residential neighborhoods, as well as with the West End construction project. Ms. Mink stated the Committee approved the schematic design of the building, and is still working on the layout of the parking. At the next meeting the Committee will be evaluating various configurations and associated costs. She said she has been contacted by members of various trade unions to reintroduce a project labor agreement. She said this has triggered a lot of discussion, and a subcommittee has been created to discuss what would be involved in this. Approval of Minutes of Mav 21.1996 It was MOVED Mr. Proto, seconded by Mr. Evans, to approve the minutes of May 21, 1996. It was MOVED by Ms. Kiefer, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, to approve the amendments submitted by Representative Kiefer. A voice vote on approving the minutes as amended resulted as follows: Ayes - 14, Noes - 0, Excused -1 (Representative Winch). MINUTES APPROVED. Adiournment On motion the meeting adjourned at 8:16 p.m. 180 June 18, 1996 Regular Meeting Called to Order Chairman Stein called the meeting to order at 5:33 p.m. Pledge of Allegiance to the Flag and Roll Call of Members Members and guests participated in the Pledge of Allegiance to the Flag. Present: 15 Representatives. Representative Mink arrived at 6:02 p.m. Privile2e of the Floor by the Public Paul Hessler, Business Manager for the St. Catherine of Siena Church, spoke in support of the resolution on the agenda entitled Correction of Rolls - 1993-95 Solid Waste Annual Fee. Mr. Hessler expressed his gratitude for the resolution. Dianne Bradac, Tompkins Employees Day Care Center Director, read a letter to the Board containing 66 signatures from parents, staff, and County employees of the Center. The letter expresses support of the resolution on the agenda entitled Support for Day Care in Tompkins County Through Continuation of Use of Space in Biggs Building B for Community Day Care. The resolution allows for continuation of the current arrangement for use of the space on a rent-free basis for the Tompkins Employee Day Care Center. This letter and others were submitted to the Clerk and are on file in the Board office. Donald Lifton, Town of Ithaca resident, spoke on behalf of the Tompkins County Chapter of Justice for All. Mr. Lifton stated that organization is in support of returning the Department of Social Services to a central location in the City of Ithaca. He submitted a petition containing 246 signatures of Tompkins County residents in support of this move. The petition was placed on file in the office of the Clerk of the Board. Privile2e of the Floor by Board Members Mr. Meskill, District No. 15 Representative and Chairman of the Public Safety Committee, spoke of a letter Chairman Stein received yesterday. The letter was written by Jeff Potter, President of the newly formed Tompkins County Corrections Officer's Association, criticizing the Sheriff's move to fill the Jail. Mr. Meskill stated he wanted to inform Board members of the situation at this time because the situation is being widely publicized in the press. Mr. Meskill stated during a May, 1996, Public Safety Committee meeting, members learned that Tompkins County was not housing inmates near the 72-73 people per day that the Jail capacity was designed for. There were 58-62 inmates being housed per day, based on the Jail administration guideline of 80 percent of capacity. He said shortly after the meeting he sent correspondence to the Sheriff about what was going on and what type of correction could be taken. The Sheriff responded in a timely fashion, indicating he had spoken with the Jail Administrator, and was ordering the Jail full, although he had reservations about it. Since that time, a letter was received from Mr. Potter indicating that the new Corrections Officer's Union is upset that the Jail is being filled to capacity, and is claiming this move is for fiscal reasons and jeopardizes the safety of inmates as well as workers. Mr. Meskill stated in his letter to the Sheriff, he asked that the Sheriff take into consideration the safety of employees and inmates, and their rights and human rights prior to making any decision. Mr. Meskill stated this is an action of the administration of the Sheriff's Department. It is the Sheriff and Jail Administrator's responsibility to 181 June 18, 1996 manage the Jail and its capacity, so Mr. Potter's letter should be directed to the Sheriff, not to Chairman Stein. Mr. Proto, District No. 7 Representative, reported on the Region of the New York State Archives Administration which he Chairs. He said this region will be receiving approximately $300,000 out of the $4 million that is available. He stated a regional workshop will be held in July for municipalities that will be receiving these funds. Ms. Kiefer, District No. 10 Representative, stated the Flag Day Parade was held June 14. She thanked all Board members who participated in the Parade. She also thanked Dick Flaville, volunteer drummer; and Will Lloyd, Ithaca High School Band Director, for loaning the County a drum. Ms. Kiefer announced on June 24 Cornell University is sponsoring a 7:30 p.m. public informational meeting dealing with the proposed upgrade of the Vet College incinerator. Chairman's Report and Appointment(s) Chairman Stein addressed the resolution on the agenda entitled Support for Day Care in Tompkins County Through Continuation of Use of Space in Biggs Building B for Community Day Care. He said the charge he made to the Task Force was to study the future of that Center, as well as day care assistance to employees, and to come back to the Board with a recommendation by June 30. He said he will request the Chair of the Human Services and Human Resources Committee to withdraw the resolution at the appropriate time, and will ask the Chair of the Human Services Building Construction Committee, to revise the request that the recommendation come to the Board by June 30. He asked that the entire picture of day care and how the County fits into the day care network, be looked at more comprehensively. He said this will take more time, but hopes that a recommendation will come no later than June 30, 1997. He said this will give the Tompkins Employees Day Care Center assurance that they can continue to operate and take in children for the coming year. Chairman Stein read a statement of recognition and conveyed a certificate to Lee Shurtleff, Elections Commissioner, for his accomplishment of being installed as President of the New York State Election Commissioners' Association at its Summer Conference at Callicoon, New York, on June 27, 1996. Chairman Stein read a statement of recognition and conveyed a certificate to Beverly Livesay, Member of the Board, on being awarded the 1996 Local Government Award for Distinguished Public Service by the County Legislators and Supervisors Association of New York State on June 11, 1996, at the Association's annual summer conference held in Poughkeepsie. Appointment(s) Chairman Stein had no appointments. Addition of Resolution(s) to the Agenda On motion of the appropriate committee chairmen and duly seconded and unanimously adopted by voice vote by members present, the following resolution(s) were added to the agenda: Thanking the City of Ithaca Fire and Police Departments and Other Agencies for their Prompt and Effective Response to the Fire at the Recycling and Solid Waste Center Creation of Temporary Human Rights Investigator - Human Rights 182 June 18, 1996 Authorization to Sign Memorandum of Understanding Between Concepts of Independence, Fingerlakes Independence Center and the Department of Social Services for Consumer Directed Personal Assistance - Department of Social Services (DSS) Award of Bid - Demolition for Human Services Building - Capital Project Ms. Mink arrived at 6:02 p.m. Withdrawal of Resolution(s) from the Agenda Chairman Stein gave the appropriate committee chairmen permission to withdraw from the agenda the following resolution(s): Adoption of Budget Forms Task Group Report Support for Day Care in Tompkins County Through Continuation of Use of Space in Biggs Building B for Community Day Care Authorization to Participate in a Memorandum of Understanding with the Village of Lansing Regarding How to Handle Proposed Changes in Use of County -owned Property within the Village of Lansing Authorizing a Public Hearing on Proposed Local Law No. f of 1996 - Rescission of Local Law No. 2 of 1970, Local Law No. 4 of 1992, and Local Law No. 3 of 1994 - Establishing Standards of Conduct for Officers and Employees of the County of Tompkins Report from the County Administrator Mr. Heyman reported on in-service education money, and stated that 140 County employees have signed up for computer training this summer. He announced the Annual 25 -year Club Banquet will be held June 20 at 5:30 p.m. at the Ramada Inn Airport. Mr. Heyman reported on the procedures that took place following the recent fire at the Tompkins County Recycling and Solid Waste Center. He introduced Steve Whicher, Assessment Director. Mr. Whicher succeeds Donald Franklin, who will retire on June 28. Report from the County Attorney Mr. Theisen reported on an ongoing case his office is handling in which a defendant has been committed to a mental institution as unable to stand trial. The court will make a decision this year either to make him stand trial or dismiss the indictment, which would relieve the County of the ongoing cost of institutionalization. He reported half-time Assistant County Attorney, Marcia Cunningham, has taken a position as a full-time Assistant District Attorney. Report from the Finance Director Mr. Squires reported bids were taken on $5,800,000 of bond anticipation notes for the Human Services Building. He said ten bids were received, and the lowest bid was for 3.895 percent for a 360 day note. Mr. Squires reported towns returned their taxes to the County in June, and said the trend is stable. He said he has ordered a report on the status of the volume of late Annual Solid Waste Fee payments, and will provide an update at the next meeting. Resolution(s) Approved Under the Consent Agenda It was MOVED by Mrs. Schuler, seconded by Mr. Joseph, and unanimously adopted by voice vote, to approve the following resolution(s) under the Consent Agenda: 183 June 18, 1996 RESOLUTION NO. 147 - CORRECTION OF ROLLS - 1993-95 SOLID WASTE ANNUAL FEE MOVED by Mrs. Schuler, seconded by Mr. Joseph, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, Local Law No. 1 of 1993, which Authorized the Establishment of an Annual Solid Waste Fee for Real Property in Tompkins County, authorized the correction of billing errors, now therefore be it RESOLVED, on recommendation of the Solid Waste and Recycling Committee, That the following adjustments be made for the 1993-1995 Solid Waste Annual Fee billing: Fee Corrected Billed Corrected Name and Address Class Class Amount Amount Comments St. Catherine of Church Church $3,260.22 $179.00 Assessed Siena Church with Incorrectly Ithaca School RESOLVED, further, That the Director of Finance is directed to return $3,081.22 to St. Catherine of Siena Church. SEQR ACTION: TYPE II -20 RESOLUTION NO. 148 - AUTHORIZING TRANSFER OF POSITION AND APPROPRIATION FROM THE DIVISION OF COMPUTER SERVICES TO THE DEPARTMENT OF FINANCE MOVED by Mrs. Schuler, seconded by Mr. Joseph, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, the implementation of new computerized financial information systems on the County's network will significantly change the role and responsibilities of the Finance Department and Division of Computer Services in the operation, maintenance, and training staff for use of core administrative systems such as payroll, accounting, purchasing, tax collection, cash receipts etc., and WHEREAS, this new era of distributed computer applications will require greater responsibility on the part of primary users of core applications, and WHEREAS, the Department of Finance and the Division of Computer Services have determined that it would be in the best interest of the County for the management and coordination of financial information systems to be a responsibility of the Finance Department, and WHEREAS, after a review of proposed organizational realignment by the County Administrator and Personnel, the position of Assistant Director of Data Processing has been reclassified to Financial Systems Administrator in order to provide direct supervision and support of core financial applications, and that the reclassified position should be transferred to the Finance Department, now therefore be it RESOLVED, on the recommendation of the Governmental Operations and Administration Committee and the Budget and Fiscal Policy Committee, That $30,423 be transferred from the Division of Computer Services to Finance to cover the cost of the Financial Systems Administrator position for the remainder of 1996, that a corresponding budget target adjustment of $56,000 be made for the 1997 budget, and that one position of Financial Systems Administrator be transferred from the Division of Computer Services to the Department of Finance, and RESOLVED, further, That such budget target changes represent reallocation of existing budget targets and do not represent increased cost of operations. SEQR ACTION: TYPE II -20 184 June 18, 1996 RESOLUTION NO. 149 - APPROVAL OF CONTRACT WITH SYSTEMS EAST OF CORTLAND, NEW YORK - REAL PROPERTY SYSTEM - ASSESSMENT DEPARTMENT MOVED by Mrs. Schuler, seconded by Mr. Joseph, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, Tompkins County Information Services under its "Computer Modernization" Capital Program has endeavoring to convert multiple computer applications from a mainframe -based environment to a networked Personal Computer (PC) environment, and WHEREAS, the Real Property System (RPS) has completed the initial phase of conversion to a new environment and the operational system is now running on networked PC's, and WHEREAS, RPS is a mission -critical application, supporting the entire basis for the County's and other municipalities tax collections as well as the County Solid Waste Annual Fee, and WHEREAS, Systems East of Cortland, New York, has demonstrated experience in technical support for the new version of RPS and is prepared to provide transitional support during the next critical operational phases of this conversion, now therefore be it RESOLVED, on recommendation of the Governmental Operations and Administration Committee, That Systems East be awarded an "as needed" technical support contract for one year commencing July 1, 1996, not to exceed $3,200, and to be funded from the Computer Modernization Capital Program. SEQR ACTION: TYPE II -20 RESOLUTION NO. 150 - AUTHORIZATION TO CONTRACT SERVICES TO PROVIDE A SPECIALIZED PROGRAM UTILITY TO BATCH PROCESS ASSESSMENT MAP FILES MOVED by Mrs. Schuler, seconded by Mr. Joseph, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, the Assessment Mapping Program has need for a batch -processing utility program to process and create individual map files by municipality, and WHEREAS, this requires special programming expertise not available on County staff, now therefore be it RESOLVED, on recommendation of the Governmental Operations and Administration Committee, That the County Administrator is authorized to sign a contract with ComGrafix, Inc., in the amount of $2,150, with funds being available in Account No. HG8021.9239, for programming support to build this utility and interface it with ComGrafix's mapping software. SEQR ACTION: TYPE II -20 RESOLUTION NO. 151 - AMENDMENT TO RESOLUTION NO. 62 OF 1985 - CRIMINAL JUSTICE ADVISORY/ALTERNATIVES TO INCARCERATION BOARD MOVED by Mrs. Schuler, seconded by Mr. Joseph, and unanimously adopted by voice vote under the Consent Agenda. RESOLVED, on recommendation of the Public Safety Committee, That Resolution No. 62 of 1985, be and hereby is amended to add four additional members to the Criminal Justice Advisory/Alternatives to Incarceration Board representing the County Attorney's Office, Law Guardian's 185 June 18, 1996 Office, Department of Social Services Juvenile Services Division, and a Not -for -Profit Juvenile Services Program, RESOLVED, further, That an At -Large position be renamed the Educational Community Representative, RESOLVED, further, That said terms shall take effect immediately and the period of appointment shall be for three years with the first appointment to expire December 31, 1998. SEQR ACTION: TYPE 1I-20 Appointment(s) Approved Under the Consent Agenda It was MOVED by Mrs. Schuler, seconded by Mr. Joseph, and unanimously adopted by voice vote to approve the following appointment(s) under the Consent Agenda: Criminal Justice Advisory/Alternatives to Incarceration Board Susan Cook - County Attorney's office representative; term expires December 31, 1998 Susan Hatch - Law Guardian's office representative; term expires December 31, 1998 Tompkins County Planning Federation In Shik Lee - Village of Freeville representative; term to be determined Environmental Management Council Phillip Zarriello - Town of Ithaca representative; term expires December 31, 1997 Withdrawal of Resolution(s) Not Requiring Board Action Chairman Stein gave the appropriate committee chairmen permission to withdraw the following resolution(s) with final committee action being affirmed: CA017-96 - Authorization to Accept $500 from Foundation for Long -Term Care through Ithaca College Gerontology Institute for Student Assisted Independent Living Project CA018-96 - Budget Adjustments - Various Departments Report and Presentation of Resolution(s) from the Transportation Services and Facilities Committee Ms. Blanchard, Chair, reported the Committee met June 5. She said a final meeting was held concerning the Courthouse security system, and said that project will be moving forward immediately. The Committee approved a long-term agreement for maintenance of the Forest Home Bridge, and also reviewed the construction projects that are currently underway. Ms. Blanchard updated the Board on the courthouse parking situation. She said spaces have been reassigned, and the new parking lottery will take effect July 1. Ms. Blanchard reported the legislation to allow the full consolidation of the transit systems passed the Assembly last week, and is on its way to the Governor's Office for signature. She reported the Transit Center received the first Annual Systems Safety Innovation Award at the Public Transit Conference in Buffalo last week, and announced a bus rodeo will be held June 23 at 11 a.m. on the Cornell Campus. She also reported there has been an increase in the number of passengers using the Airport during the last two months. RESOLUTION NO. 152 - AUTHORIZING THIRD ADDENDUM - LEASE AGREEMENT WITH TAUGHANNOCK AVIATION CORPORATION (TAC) - TOMPKINS COUNTY AIRPORT 186 June 18, 1996 MOVED by Ms. Blanchard, seconded by Mr. Lane, and unanimously adopted by voice vote. WHEREAS, Taughannock Aviation Corporation (TAC) wishes to construct a maintenance hangar (Phase 1), an administration building (Phase 2) and a second maintenance hangar (Phase 3), being elements of a three-phase development for a new Fixed Base Operation (FBO) at the Airport, and WHEREAS, the financing of said development requires costs to be amortized over a twenty-year period, and WHEREAS, TAC has requested an extension of twenty years to its current lease, with an option to renew for a further ten years, after which time the ownership of said buildings shall revert to the County, such extension to become effective upon beneficial occupancy of said buildings, now therefore be it RESOLVED, on recommendation of the Transportation Services and Facilities Committee, That the County Administrator be and hereby is authorized to execute a third addendum with TAC to extend the lease term by twenty years to no later than December 31, 2021, with an option to renew for a further ten years until no later than December 31, 2031 subject to approval by the Transportation Services and Facilities Committee of final issues with respect to occupancy of the existing building. SEQR ACTION: TYPE 11-2 Presentation of Resolution(s) from the Human Services and Human Resources Committee RESOLUTION NO. 141- CREATION OF TRAINING COORDINATOR POSITION - DEPARTMENT OF PERSONNEL MOVED by Mrs. Livesay, seconded by Ms. Davis, to lift the following resolution from the Table. Mr. Evans stated before the last Leadership Council meeting, he was convinced that this was not a necessary position. However, after learning of the different approach Tompkins County is taking to the TQM (Total Quality Management) process versus what he had experienced with his previous employer, he feels at least for the time -being, this is an appropriate position. Mr. Proto stated his non-support of this position should not be viewed as non-support of good training for County employees. He said he believes there are other ways to accomplish this task for a lot less money. Mr. Totman said he agrees with the comments made by Mr. Proto. He said he feels this should come before the Board during budget deliberations, and therefore, will not vote in support of this resolution. Mr. Winch stated he was not at the last Board meeting; however, he watched the videotape of the meeting. He said he cannot support this resolution. He said employees have been trained, and feels this is the time for employees to try to see if they can make the TQM process work without this position. Mr. Meskill stated he feels this should follow through the normal budget process. He also believes this position needs to happen, but strongly feels there has not been sufficient research in relationship to the questions that have been asked in the past few weeks, or sufficient answers provided. Ms. Mink, requested the backup information that was provided to Board members be included in the minutes for the record. This information follows the resolution. 187 June 18, 1996 It was MOVED by Mr. Meskill, seconded by Ms. Blanchard, to postpone the decision on this position until budget time, and allow this to go through the normal budget process. A roll call vote to postpone resulted as follows: Ayes - 5 (Representatives Blanchard, Lane, Meskill, Proto, and Todd); Noes - 10. MOTION FAILED. A roll call vote on the resolution resulted as follows: Ayes - 8 (Representatives Davis, Evans, Joseph, Kiefer, Livesay, Mink, Schuler and Stein); Noes - 7 (Representatives Blanchard, Lane, Meskill, Proto, Todd, Totman, and Winch). RESOLUTION ADOPTED. WHEREAS, this Board in its initial resolution committing itself to an organization -wide initiative to improve the efficiency, effectiveness, and quality of County services (Res. No. 268 of 1993) endorsed "a major increase to commitment to education and training for employees", and WHEREAS, since that time funds have been budgeted in the accounts of County departments to pay for this additional education and training with the express purpose of funding such a major increase, and WHEREAS, the Partners for Quality initiative has been highly successful in its pilot phase and has demonstrated the value of training in leadership, team participation, use of data to analyze and solve problems, and strong customer focus, and WHEREAS, there exists a strong need, also anticipated by the funds budgeted in departments accounts, for training opportunities for County employees in such areas as supervision, performance management, budget management, dealing with differences, time management, clerical skill improvement, and computer use, among many others, and WHEREAS, funds to cover the cost of salary, fringe benefits, and equipment for this position are available in the Inservice Education Program accounts of the Department of Personnel, now therefore be it RESOLVED, on recommendation of the Human Services and Human Resources Committee, That one position of Training Coordinator (84/197), management level M(13), 40 hours., be created effective June 19, 1996. SEQR ACTION: TYPE 11-20 1996-1997 PARTNERS FOR QUALITY ROLL-OUT PROPOSAL Draft for Discussion 6/6/96 1. Daily management is the primary strategy we intend to use to reach all employees. When employees spend 3 hours a month for several months, the training is useful, not burdensome in its time commitments and does not result in working on "extra" projects on top of daily duties. It emphasizes team work, examines shared work processes, identifies internal and external requirements, introduces simple ways to gather data to help improve problems. 2. Work unit supervisors must continue to apply the principles of daily management to achieve the goal of continuous improvement. 3. This proposal assumes that the County will create a Training Coordinator position to develop an overall staff development plan and support roll-out. 4. This proposal assumes that we should continue to use outside consultants to reach as many work units as possible during 1996-97, but that our reliance on them should be reduced as the Training Coordinator becomes more expert and internal capacity improves. HOW CAN WE ROLL-OUT PARTNERS FOR QUALITY TO ALL EMPLOYEES? There are approximately 95 work units in Tompkins County. 188 June 18, 1996 During the period January through May 1996, the following 7 work units received training: Planning COFA The Contracts Team ended phase I County Administrator The Phone Team concluded their work Board of Representatives staff and DSS Eligibility Team began work County Attorney's Office Long Term Care Unit of DSS Youth Bureau For June through December 1996, the following have requested support: DSS Food Stamps and Medicaid Units are beginning daily management in June DSS would like 8-9 more of their 30 work units to receive daily management training Department heads identified 4 projects to address: Coordination of B&G services with departments in various county buildings Streamlining of the hiring process Streamlining of the Board resolution creation and approval process Improving the orientation of new county employees (this may not need a team) The Board of Representatives is in the middle of its long range planning process and will need consultant support to develop goals, modify them based on feedback, develop success indicators and train county managers to prepare them for the alignment process during 1997. Data Processing has arranged computer training workshops which will serve approximately 300 staff. An Office Professionals Training Program will be offered through TC3 in the Fall for 20 office staff. The In -Service Education Budget for 1996 is 173,000 Estimated year to date expended 35.000 Balance available June -Dec. 1996 138,000 Commitments in place for 1996: New Training Coordinator plus half time Personnel Assistant + equipment 7-12/96 36,000 Long Range Planning 6,000 Data Processing Training 18,000 Office Professionals Training 2,500 Board of Reps & Staff meeting training 1,000 Facilitator refresher 2,000 New training to be scheduled by Coordinator 10.000 Uncommitted balance 62,500 The estimated costs for a six session daily management training range from $2,400- $3,000. The estimated costs to support a cross -functional team range from $2,100 -2,800. PROPOSED STRATEGY FOR 96-97 • Increase the number of trainers to reach more daily work units. Do daily management in Personnel early to expose all staff including the training coordinator to the process. Conduct the facilitator refresher after the training coordinator has been hired to enable them to learn/assist. • With 8 trainer days/month, we could conduct 16 daily management sessions from July -November at a cost of $ 34,000. If State DSS funding continues, some of Ipek and/or possibly Marcia's time could be paid for by the State which would reduce our local cost. • By 1997, there will be 72 units still left to receive daily management training if we want all work units to receive it. 189 June 18, 1996 BACKGROUND FOR TRAINING COORDINATOR POSITION 1) Why do we need this position? In addition to actually training people and leading teams, we want the Training Coordinator to organize the countywide education and training effort, both in the PFQ area and normal staff development (all other employee improvement training, things like computer skills, clerical skills, interpersonal skills, dealing with differences, time management, program planning, managing multiple priorities, and others). This will include providing training to employees who will themselves lead teams; identifying, evaluating and directing outside trainers whom we expect to continue to use; and establishing a resource center of taped, disc and hard copy trainings that can be used at no cost after the initial training expense. Clerical support will be provided in the Personnel Department where the County's Inservice Training and Education program is located and budgeted. 2) How do the costs of this position compare with the costs of other ways of providing training and education? • The least cost-effective way to provide training and education is to send our employees somewhere else. Even the low -budget kinds of offerings like Careertrak and Fred Pryor cost $100 per day per trained employee. • The current "going rate" to hire a professional trainer for a full day of training in a County conference room is $700 per day. • We project spending $75,100 during 1996 on outside trainers. This buys only about 107 days of training. All of this is for Partners for Quality cross functional team training and support, daily management training and support, County Board long range planning support, and support to coordinating councils in large departments. • We expect that the Training Coordinator will spend not less than 20 hours per week providing direct training and education to employees, in classes and in teams. This equals 960 hours per year (allowing for time off) or 120 training days which would cost us $84,000 from outside trainers. By hiring the Training Coordinator we will pay $21,875 for the same training, including fringe benefits. It is extremely cost-effective to use a County employee to provide training. 3) What is the source of funds for this position? The Personnel Department's Inservice Education and Training program has a 1996 approved budget of $174,400, and has a pending request to reappropriate another $22,477 from 1995. These funds have been collected from all County departments based on a percentage of their payroll; they are part of centrally distributed items (CDI). We deliberately charged departments more than we needed in 1994 and 1995 so that funds would be available for the much wider rollout of quality improvement activities when that time came. That time has now come. Our medium -range plan is to first increase and then gradually scale back the level of funding for organizational development (i.e. PFQ-related) training. The scaling back will happen as a result of the Training Coordinator training our in-house trainers; there is no reason we have to continue to rely heavily on outside quality experts to lead or consult with daily management or cross -functional teams. 4) Why is this position proposed to be in the Personnel Department? This is where the Inservice Training and Education program budget was placed last year when program based budgets were being reorganized. The feeling was that training and education are a human resource function and our Personnel Department needs to lead our effort to improve them. 5) What other options were considered to provide this training and program coordination? 190 June 18, 1996 Other options that were seriously considered include contracting with: • Training for Change (Kirby Edmonds et al.) • Contracting with Cornell I&LR (Marcia Callichia) and/or KSI Associates (i.e. Ipek Kursat) • Contracting with Tompkins Cortland Community College • Using an existing unfilled staff position in the Personnel Department. The use of all of the outside entities mentioned was ruled out based on the amount of coordination that would still have been required internally. The use of an existing position in the Personnel office was ruled out because we feel that it is essential that this position be focused 100% on the organization and improvement of our education and training, and that the position not be involved in the kinds of union contract issues and interpersonal and management disagreements that are addressed in any human resource office. MINUTES LEADERSHIP COUNCIL JUNE 6, 1996 - COURTHOUSE CONFERENCE ROOM At its regular June 6 meeting the Leadership Council members discussed Board members' concerns about the creation of a Training Coordinator position. Charlie Evans, a member of the Council, said that he had reservations about creating a permanent, full-time County position when the need for training resources for PFQ activities is going to be decreasing. All others present expressed the view that while this is true, the need is going to increase before it decreases, and we are not coming close to the existing demand of employees to "get involved" in this new way of doing business. Members said that education of employees is a long -unmet need for all of us. They felt that the need to educate employees in a variety of subjects that are not directly PFQ- related is very great and needs to be addressed; this need will not decrease. They felt that the coordination part of the position description is critical if we are going to identify, evaluate, and guide outside trainers who will continue to be needed. All present pointed out that the accumulation of funds for just this purpose has been deliberate over several years. Anita Fitzpatrick attended the meeting and said that her Department has never, to her knowledge, been staffed to address the County's training needs in any meaningful way. The group discussed at length the various options (other than creation of a full-time County job) that have been looked at by staff and Board members to improve employees training and education. They did not feel that any of these would be appropriate, but they expressed a strong desire to work closely with the community college which has many resources that we can use in conjunction with at Training Coordinator. The Leadership Council endorsed very strongly the creation of a position of Training Coordinator. Report and Presentation of Resolution(s) from the Human Services and Human Resources Committee Mrs. Livesay, Chair, reported the Committee met June 5 and had a tour of the Tompkins Employees Day Care Center. The Committee had a presentation on the report by the Racism Task Force, and also received a demonstration on fmger imaging at the Department of Social Services. Mrs. Livesay reported the next meeting will be July 3 at noon. Mr. Proto said he felt the sooner the report from the Day Care Task Force is received the better. Ms. Kiefer referred to a memo written by the County Attorney, and asked how the County provides supervision of the Day Care Center in the current set up. Mr. Heyman said the County does not provide supervision. 191 June 18, 1996 RESOLUTION NO. 153 - ACCEPTING REPORT OF THE TASK FORCE ON RACISM MOVED by Mrs. Schuler, seconded by Mr. Joseph, and unanimously adopted by voice vote. Mrs. Livesay stated this resolution accepts the report from the Racism Task Force; it does not commit the Board to spending any money. WHEREAS, the Racism Task Force has prepared a report entitled "Racism Task Force and Recommendations" dated June 5, 1996, now therefore be it RESOLVED, on recommendation of the Human Services and Human Resources Committee, That the Board of Representatives accepts the report, RESOLVED, further, That said report is on file in the Board of Representatives office. SEQR ACTION: TYPE II -20 RESOLUTION NO. 154 - AUTHORIZATION TO ACCEPT GRANT AWARD, CONTRACT WITH THE AMERICAN RED CROSS, AND BUDGET ADJUSTMENT - DEPARTMENT OF SOCIAL SERVICES MOVED by Mrs. Livesay, seconded by Mr. Joseph. Ms. Kiefer stated she has heard about the closing of Red Cross shelters recently, and because this resolution approves a contract with the Red Cross, wanted an explanation. Commissioner Dolan stated this is the third year of a homelessness prevention grant which operates both out of the shelter and at the Friendship Center. The program diverts people from the shelter by helping them fmd housing alternatives. A voice vote resulted as follows: Ayes - 15, Noes - 0. RESOLUTION ADOPTED. WHEREAS, the Department of Social Services has been notified of a renewed grant award from the New York State Department of Social Services in the amount of $40,000 for homelessness prevention services in Tompkins County, and WHEREAS, the American Red Cross is willing to continue the program services they initiated in 1994, now therefore be it RESOLVED, on recommendation of the Human Services and Human Resources Committee, That the County Administrator or his designee, execute a contract with the American Red Cross - Tompkins County Chapter, in order that this program continue, RESOLVED, further, That the Director of Finance is directed to make the following adjustments to his books for 1996: BUDGET ADJUSTMENT Revenue A6010.3610 State Reimbursement $40,000 Appropriation: A6010.4442 Professional Services $40,000 SEQR ACTION: TYPE 11-20 RESOLUTION NO. 155 - AUTHORIZATION TO CONTRACT WITH CHALLENGE INDUSTRIES FOR AN EMPLOYMENT PLACEMENT PROGRAM DEPARTMENT OF SOCIAL SERVICES MOVED by Mrs. Livesay, seconded by Ms. Davis. Ms. Kiefer questioned if this will require an appropriation from the 1997 budget. Commissioner Dolan stated an appropriation to spend money will have to appear in both the 1996 and 1997 budgets, however, the Department has this money now. A voice vote resulted as follows: Ayes - 15, Noes - 0. RESOLUTION ADOPTED. WHEREAS, the Department of Social Services is responsible for assisting recipients of public assistance to obtain employment in order to reduce or eliminate their dependence on social services, and 192 June 18, 1996 WHEREAS, Challenge Industries proposes to administer a program that will focus on the needs of employable Aid -to -Dependent -Children recipients including job -skills training, job seeking skills, job development, job placement and follow-up supports after placement, now therefore be it RESOLVED, on recommendation of the Human Services and Human Resources Committee, That the County Administrator, or his designee, execute a contract between the Department of Social Services and Challenge Industries for an amount not to exceed $126,000 for the period of July 1, 1996 to June 20, 1997. RESOLVED, further, That no additional monies are needed for this agreement during 1996. SEQR ACTION: TYPE II -20 RESOLUTION NO. 156 - APPROPRIATION FROM CONTINGENT FUND - DOORS PROGRAM MOVED by Mrs. Livesay, seconded by Mrs. Schuler. Mr. Totman said he feels like every time a program is cut at the State level the County must make up the loss. He expressed concern that this will cause other agencies who have lost State funding to request funds from the County. Ms. Livesay noted that Marge Dill gets lots of requests, for monetary assistance, but recommends very few. A short roll call vote resulted as follows: Ayes - 14, Noes - 1 (Representative Totman). RESOLUTION ADOPTED. WHEREAS, DOORS (Domestic Offense Offender Rehabilitation Services) provides an important prevention service and is the only program in this County that addresses change in the behavior of batterers, and WHEREAS, B.O.C.E.S. can no longer support the DOORS program and interim funding through the end of 1996 is necessary to continue the service, and WHEREAS, DOORS has asked for and received a $7,000 one-time appropriation from the City of Ithaca and has asked for an $11,000 appropriation from the County while a more integrated service delivery and funding mechanism is developed for the Program by the Human Services Coalition working with the Criminal Justice Coordinator, now therefore be it RESOLVED, on recommendation of the Human Services & Resources, and the Budget & Fiscal Policy Committees, That the Director of Finance is hereby authorized and directed to make the following appropriation. FROM: A1990.4400 Contingent Fund $11,000 TO: A6310.4619 Doors Program $11,000 SEQR ACTION: TYPE II -20 RESOLUTION NO. 157 - CREATION OF POSITION OF TEMPORARY HUMAN RIGHTS INVESTIGATOR - HUMAN RIGHTS MOVED by Mrs. Livesay, seconded by Mr. Proto. Mr. Winch asked what the reorganization is, and Lauren Austin, Director, said it is technological; there are now four networked computers and they have begun putting casework on line, which will be more efficient. All files are password protected. Mr. Lane asked if any caseload could be shed to the State, and was told the State is moving in the opposite direction. A short roll call vote resulted as follows: Ayes - 15, Noes - 0. RESOLUTION ADOPTED. WHEREAS, there exists a significant backlog of complaints to process in the Department of Human Rights, and WHEREAS, due to the increased caseloads and the reorganization of the Human Rights Department there is a need for a temporary position, therefore be it RESOLVED, on recommendation of the Human Services and Human Resources Committee and the Budget and Fiscal Policy Committee, That one (1) Human Rights Investigator (84/263), management 193 June 18, 1996 labor grade M(84), 33 hours per week position be created effective July 2, 1996 through December 31, 1996, RESOLVED, further, That the Director of Finance is hereby directed to appropriate $ 17,950 from the County Contingent Fund A1990 to the Human Rights Department salary and fringe accounts, RESOLVED, further, That in the event that the full amount of funding appropriated by this Resolution is not needed or is not spent on salary and benefits for this temporary position, the unspent funds shall not be transferable to any other account and shall be ineligible to be reappropriated in a future year. SEQR ACTION: TYPE II -20 RESOLUTION NO. 158 - AUTHORIZING TO SIGN MEMORANDUM OF UNDERSTANDING BETWEEN CONCEPTS OF INDEPENDENCE, FINGER LAKES INDEPENDENCE CENTER AND THE DEPARTMENT OF SOCIAL SERVICES FOR CONSUMER DIRECTED PERSONAL ASSISTANCE - DEPARTMENT OF SOCIAL SERVICES (DSS) MOVED by Mrs. Livesay, seconded by Mr. Joseph. Ms. Kiefer stated she cannot support this resolution because she has not had an opportunity to read the Memorandum of Understanding. A voice vote resulted as follows: Ayes - 14, Noes- 1 (Representative Kiefer). RESOLUTION ADOPTED. WHEREAS, the Department of Social Services is responsible for ensuring access to a consumer - directed personal assistance program to allow persons receiving home care to directly arrange and pay for such care, and WHEREAS, Concepts of Independence and the Finger Lakes Independence Center are willing to work together to provide fiscal accountability and local assistance, quality assurance, and facilitate peer support for eligible clients who wish to participate in this program, now therefore be it RESOLVED, on recommendation of the Human Services and Human Resources Committee, That the County Administrator, or his designee, execute a Memorandum of Understanding between the Department of Social Services, Finger Lakes Independence Center, and Concepts of Independence, Inc., for the period May 1, 1996, to December 31, 1996, RESOLVED, further, That no additional monies need to allocated for this Memorandum of Understanding because all payments will be made through the Medicaid billing system. SEQR ACTION: TYPE II -20 Report and Presentation of Resolution(s) from the Governmental Operations and Administration Committee Mr. Lane, Chairman, reported the committee met June 10 and completed action on the proposed Ethics Law. The public hearing will be scheduled once Board members have had an opportunity to review a draft of the proposed law. The Committee will be reviewing the financial disclosure form and revisions to administrative and Board policy manuals at its next meeting. Mr. Lane said the Committee received a request from the Health and Environmental Quality Committee in respect to Mental Health Services Board membership, and whether there should be term limitations. He said the Committee voted not to move this forward. Mr. Lane said Dean Eckstrom, Director of Data Processing, gave a report to the Committee on the computer modernization program. Mr. Lane reported four favorable responses were received from municipalities on the self-insurance issue, and said the Committee is continuing to look into this. There is also continued discussion on the reimbursement of dependent care expenses. 194 June 18, 1996 RESOLUTION NO. 159 - ADOPTION OF AMENDMENT TO ADMINISTRATIVE POLICY 01-10, CONTRACTS MOVED by Mr. Lane, seconded by Mr. Evans. It was MOVED by Mr. Meskill, seconded by Mr. Proto, and unanimously adopted by voice vote, to separate the wording "contracts resulting from bids or requests for proposals (non -capital), leases, whether the County is the lessee or lessor, Room tax agreements, and inter -municipal agreements" into separate sentences, and that wording to the effect that each requires Board approval be added. A voice vote on the resolution resulted as follows: Ayes- 15, Noes - 0. RESOLUTION ADOPTED. RESOLVED, on recommendation of the Governmental Affairs and Operations Committee, That the following Administrative Policy is hereby revised: 01-10 Contracts SEQR ACTION: TYPE II - 20 Report from the Planning. Community Development and Education Committee Mrs. Schuler, Chair, reported the Committee met at the Dewitt Historical Society on June 11. At that meeting the Committee discussed the budget for Tompkins Cortland Community College, and agreed to have one budgeting unit with separate programs; one for in -County and one for out -of -County tuition. The Committee had a long discussion concerning the reading centers, and ways to improve usage of the those centers. There was also discussion of expansion of reading centers to other municipalities. Mrs. Schuler stated rural libraries have been invited to meet with the Committee to present preliminary budget discussions. She reported the Groton Public Library has been designated by the State of New York as a model for handicapped accessibility, and maintains information on handicapped guidelines and procedures. She reported on the Waterfront Study, and stated the next public meeting will be held July 27 at 9 a.m. at the Ithaca Youth Bureau. Mrs. Schuler reported Janet Steiner, Public Library Director, presented the Committee with a progress report on the Library, and stated Ms. Steiner has requested that the County support 100 percent of the Library's personnel costs. The next meeting will be July 9. Report and Presentation of Resolution(s) from the Solid Waste and Recycling Committee Mr. Todd, Chairman, reported the Committee met June 14 at 2 p.m. Mr. Todd requested an executive session at the end of this meeting to discuss negotiations. He said the Committee discussed the budget as it relates to solid waste at the end of five months, and said the County is in the red substantially. There is approximately a $1 million balance from last year, but the County has experienced serious price reversals in the products that are sold at the Recycling Center. He said the tonnages of the material being handled by the Center are up slightly and he is cautiously optimistic. The Committee also discussed the options for the treatment of leachate at the Caswell Road Landfill, and said the Committee is exploring possibilities but nothing will happen this year. There was discussion on the pilot food composting project the County is involved in with Cornell University. Mr. Todd reported on the June 11 fire at the Recycling and Solid Waste Center. He thanked County staff, CRInc., and the contractors, for helping to put the Center back into complete operation by June 13. He said Board members have been given a letter by Tom Richardson, Recycling Supervisor, on the chronology of events that took place surrounding that fire. RESOLUTION NO. 160 - THANKING THE CITY OF ITHACA FIRE AND POLICE DEPARTMENT AND OTHER AGENCIES FOR THEIR PROMPT AND EFFECTIVE RESPONSE TO THE FIRE AT THE RECYCLING AND SOLID WASTE CENTER 195 June 18, 1996 MOVED by Mr. Todd, seconded by Ms. Blanchard and unanimously adopted by voice vote. WHEREAS, on Tuesday, June 11, 1996, there was a fire at the Recycling and Solid Waste Center, and WHEREAS, the City of Ithaca Fire and Police Departments and agencies from other municipalities responded to the fire, and WHEREAS, the fire could have resulted in very serious damage to the Recycling and Solid Waste Center had it not been for the prompt and effective response of the many dedicated individuals serving these agencies, now therefore be it RESOLVED, on recommendation of the Solid Waste and Recycling Committee, That the Board of Representatives hereby thanks the City of Ithaca Police and Fire Department and all other responding agencies and individuals for their prompt and effective response to the fire at the Recycling and Solid Waste Center. SEQR ACTION: TYPE II -20 Report and Presentation of Resolution(s) from the Health and Environmental Ouality Committee Mr. Evans, Chairman, reported the Committee not met since the last meeting. He said the next meeting will be June 27 at 9;30 a.m. RESOLUTION NO. 161- REALLOCATION OF RESERVED FUNDS TO THE GENERAL FUND AND FISCAL TARGET ADJUSTMENT - MENTAL HEALTH MOVED by Mr. Evans, seconded by Mr. Proto, and unanimously adopted by voice vote. WHEREAS, Resolution No. 179 of 1992 authorized an Agreement with the City of Ithaca regarding the impacts of the Mental Health Services Building on downtown parking, and WHEREAS, the Agreement provided for the payment of $31,000 on an annual basis into a Tompkins County reserve account, and WHEREAS, this Agreement is no longer in force, and WHEREAS, Resolution No. 287 of 1995 authorizes the Chairman of the Board to execute a Memorandum of Understanding with the City of Ithaca with respect to parking and other matters, now therefore be it RESOLVED, on recommendation of the Health and Environmental Quality Committee and the Budget and Fiscal Policy Committee, That $124,000 plus interest accrued since 1992 be returned to the General Fund, and RESOLVED, further, That $31,000 in account A4310.4817 Contribution for Municipal Parking be transferred to account A4310.4999 Budget Reduction Contribution to be returned to the General Fund at year-end, and RESOLVED, further, That the 1997 Fiscal Target for Budgeting Unit 0700, Community Mental Health Services be reduced by $31,000. SEQR ACTION: TYPE 11-20 RESOLUTION NO. 162 - AUTHORIZING CHANGE IN ENVIRONMENTAL HEALTH FEES -1997 MOVED by Mr. Evans, seconded by Mr. Proto. There was concern expressed by some members of the Board that during this time when the County is in positive financial shape, fees should not be raised. It was also felt that the proposed fee schedule needs further review. Mrs. Livesay 196 June 18, 1996 requested that a greater look be taken at the rationale for fees for water systems. A voice vote on the resolution resulted as follows: Ayes - 4 (Representatives Evans, Kiefer, Lane, and Proto); Noes - 11. RESOLUTION LOST. 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 and Budget and Fiscal Policy 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, 1997, OPERATING OR PERMIT FEES Food Service Establishments High and Medium Risk Low Risk Temporary Food Service Establishment Frozen Desserts 1996 Fee $ 130.00 60.00 30.00 25.00 1/97 Fee $ 130.00 60.00 30.00 25.00 Temporary Residences and Mobile Home Park $30+$3 per lot/unit $40+$3 per lot/unit Children's Camps $ 100.00 $ 100.00 Swimming Pools/Bathing Beaches $ 150.00 $ 150.00 Mass Gatherings (per event day) $ 2000.00 $ 2000.00 Water Systems Regulated by Part 5, NYSSC Community Systems (with sources) Up to 25 population 26 to 50 51 to 200 201 to 500 501 to 1000 1001 to 5000 over 5000 $ 30.00 40.00 65.00 100.00 160.00 255.00 450.00 35.00 45.00 75.00 110.00 170.00 270.00 450.00 Non -Community Water Systems (with sources) 40.00 45.00 Bottled/Bulk Haulers, Ice Plants 150.00 150.00 Local Public Water System (TCSC) $ 30.00 35.00 Sewage Construction Permits (New Construction and Conversions) Design flow under 1000 gallons per day $ 145.00 Design flow 1000+ gallons per day 220.00 Fee for application received late: $25; Consecutive Lateness: $ 50. Note: Fees are additive for all facilities. 150.00 225.00 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. 197 June 18, 1996 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 and Apartment Complex Mobile Home Park Realty Subdivisions 1996 Fee 1/97 Fee $ 150.00 $ 150.00 75.00 100.00 by risk by risk $100 plus $10/unit $100 plus $10/unit $100 plus $25 $100 plus $10/unit $100 plus $15/lot $100 plus $25/lot Preliminary Development Review (Where soil testing is required) $150 plus $15/ acre $150 plus $20/acre Swimming Pools/Bathing Beaches Up to 5000 square feet Over 5000 sq.ft.; slide and wave pools Community Water Systems (Part 5, NYSSC) New source(s) Distribution (water main) add for each 1,000' or portion Cross -Connection Control Devices: 2" and less, each over 2", each $100.00 150.00 $ 50.00 $ 25.00 plus 10 $ 25.00 50.00 $ 150.00 200.00 $ 50.00 $ 25.00 plus 10 $ 30.00 50.00 Non -Community and Local Public Water Systems $25.00 $ 30.00 Collector Sewers DEC or Health Dept. Projects $25.00 $ 25.00 add for each 1,000' or portion plus 10 plus 10 Environmental Impact Statement Review As allowed by (Where TCHD is Lead Agency) 6NYCRR 617.17 OTHER Copies (Cost per page) Waiver/Variance Request (Requiring Board of Health action) Sanitary Codes As allowed by 6NYCCR 617.17 $ .25 $ .25 $ 25.00 $ 1.00 $ 25.00 $ 1.00 Water Sampling Monitoring - No exemptions. Add to analysis cost $ 5.00 $ 5.00 Note: Review fees are additive. SEQR ACTION: TYPE II -20 198 June 18, 1996 RESOLUTION NO. 163 - APPROVAL OF FISCAL TARGET INCREASE FOR CHILDREN WITH SPECIAL CARE NEEDS; HEALTH DEPARTMENT MOVED by Mr. Evans, seconded by Mrs. Livesay. A voice vote on the resolution resulted as follows: Ayes - 13, Noes - 2 (Representatives Meskill and Totman). RESOLUTION ADOPTED. WHEREAS, A Special Request for an Account Clerk Typist in the Children with Special Care Needs Budgeting Unit within the Health Department was approved in the 1996 budget, and WHEREAS, The request was for $9,135 for the new position to begin in June of 1996, with a secondary request to increase the Fiscal Target by $7,795 in 1997 to cover a full year's salary and fringe, and WHEREAS, by an oversight at budget -adoption time last year, the 1997 additional target increase was not acted on, now therefore be it RESOLVED, on recommendation of the Health and Environmental Quality and Budget and Fiscal Policy Committees that the Fiscal Target for Budgeting Unit 10 - Children with Special Care Needs - be increased by $7,795 as a permanent Fiscal Target change. SEQR ACTION: TYPE 11-20 Report and Presentation of Resolution(s) from the Budget and Fiscal Policy Committee Mr. Joseph, Chairman, reported the Committee has been working on preparing for the upcoming budget process. The next meeting will be June 25 at noon. RESOLUTION NO. 164 - CHANGES IN BUDGETING UNIT/PROGRAM CONFIGURATION IN 1997 BUDGET MOVED by Mr. Joseph, seconded by Mr. Proto. It was MOVED by Mr. Meskill, seconded by Mr. Proto, to remove the first RESOLVED. A vote by a show of hands resulted as follows: Ayes - 7 (Representatives Blanchard, Kiefer, Meskill, Proto, Schuler, Totman, and Todd); Noes - 8 (Representatives Davis, Evans, Joseph, Lane, Livesay, Mink, Stein, and Winch). AMENDMENT FAILED. A voice vote on the resolution resulted as follows: Ayes - 15, Noes - 0. RESOLUTION ADOPTED. RESOLVED, on recommendation of the Public Information, Governmental Operations and Administration, and Budget and Fiscal Policy Committees, That the Public Information Program be removed from Budgeting Unit No. 58, Board of Representatives, and added to Budgeting Unit No. 59, County Administration, RESOLVED, further, on recommendation of the Governmental Operations and Administration, and Budget and Fiscal Policy Committees, That the Self Insurance Reserve Program be removed from Budgeting Unit No. 59 County Administration, Program No. 2 Risk Management, and be established as a separate Budgeting Unit, RESOLVED, further, on recommendation of the Planning, Community Development and Education and Budget and Fiscal Policy Committee, That Budgeting Unit No. 5, Tompkins Cortland Community College, and Budgeting Unit No. 6, Community Colleges Outside the County be combined as one Budgeting Unit called "Colleges" with the same two Budgeting Units being reconfigured as programs within the new Budgeting Unit, RESOLVED, further, on recommendation of the Planning, Community Development and Education, Transportation Services and Facilities, and Budget and Fiscal Policy Committees, That the MPO Ithaca -Tompkins Transportation Council be moved out of the Community Planning and Program Development Budgeting Unit No. 28, and be established as a separate Budgeting Unit, 199 June 18, 1996 RESOLVED, further, on recommendation of the Public Safety and Budget and Fiscal Policy Committees, That the Criminal Justice Coordinator be moved out of the Criminal Justice and Legal Services Budgeting Unit No. 45, and be established as a separate Budgeting Unit, RESOLVED, further, on recommendation of the Transportation Services and Facilities, and Budget and Fiscal Policy Committee, That Utilities, Taxes and Insurance be moved out of the Buildings and Grounds Budgeting Unit No. 47, and be established as a separate Budgeting Unit, RESOLVED, further, on recommendation of the Budget and Fiscal Policy Committee that a Budgeting Unit be established for the direct payment to the City of Ithaca pursuant to the City/County Municipal Sales Tax Agreement, RESOLVED, further, on recommendation of the Budget and Fiscal Policy Committee that Budgeting Units be re -numbered by applying a multiplier of 100 to enable the addition of new Budgeting Units without altering the order of the present numbering. SEQR ACTION: TYPE II -20 RESOLUTION NO. 165 - ESTABLISHMENT OF GUIDELINES AND FISCAL TARGETS FOR ALL COUNTY BUDGETING UNITS FOR THE PREPARATION OF THE 1997 BUDGET MOVED by Mr. Joseph, seconded by Ms. Mink. It was MOVED by Mr. Joseph, seconded by Mrs. Livesay, and unanimously adopted by voice vote, to add the second, third and fourth WHEREAS as reflected in the resolution below; and to replace word "consider" in the final RESOLVED with "give special attention to". A voice vote on the resolution as amended resulted as follows: Ayes - 14, Noes — 1 (Representative Proto). RESOLUTION ADOPTED. WHEREAS, the Tompkins County Fiscal Policy specifies that a fiscal target is the maximum amount of general revenue spending authority that a department head or program director may request without initiating an Over Target Request, and any changes in fiscal targets must be communicated to department heads and program directors by June 18 in order for them to submit their budget requests by July 18, and WHEREAS, the Board of Representatives wishes to offer guidance to departments in preparing budget requests, and WHEREAS, in anticipation of surplus funds, it is the intention of the Board to consider several options, including but not limited to: a reduction in the 1997 tax rate, reserving funds to stabilize taxes over a several -year period, expending funds in ways that lower future expenses, and expanding funds to pay for needed services, and WHEREAS, these options are not mutually exclusive, now therefore be it RESOLVED, on recommendation of the Budget and Fiscal Policy Committee, That fiscal targets for all budgeting units for preparation of the 1996 budget are hereby established as follows: 1) For not-for-profit agency grants: the amount approved in the 1996 adopted budget minus any special request funding designated as one-time and adjusted by the change in sales tax allocated funding pursuant to the agreement with the City of Ithaca. 2) For Tompkins Cortland Community College: the amount in the adopted 1996 Tompkins County budget plus a three (3) percent cost of living adjustment the entire above amount to be increased or decreased in proportion to the respective enrollments of Tompkins and Cortland Counties. Over -Target Requests for one-time funding will be entertained. 200 June 18, 1996 3) For all County departments: an amount equal to the general revenue portion of the 1996 adopted County budget, minus any special request funding designated as one-time, minus any funds reappropriated from the previous year and adjusted by the change in sales tax allocated funding pursuant to the agreement with the City of Ithaca, and RESOLVED, further, That Over -Target Requests for funding in excess of fiscal targets are in no way discouraged by this Resolution, with the exception of the Community College as noted above, RESOLVED, further, That it is the intention of the Board of Representatives to give special consideration to requests for one-time funding that will save County tax money in future years or that will shift future expenses to the current year. SEQR ACTION: TYPE II -20 RESOLUTION NO. 166 - AMENDMENT TO RESOLUTION NO. 140 OF 1995 - ESTABLISHING FRINGE BENEFIT RATES FOR COUNTY DEPARTMENTS FOR 1996 MOVED by Mr. Joseph, seconded by Mr. Todd, and unanimously adopted by voice vote. WHEREAS, Federal Regulation Circular A87, as revised effective January 1, 1996, requires documentation of the actual cost of fringe expenses and continuity among all County departments that fringes are charged in a uniform manner, and WHEREAS, Resolution No. 140 of 1995 authorizes a 1996 standard fringe rate for all departments with any local share on fringe benefits and an actual fringe rate for all departments with a 0% local share, and WHEREAS, this policy is in direct conflict with these revised Federal Regulations, now therefore be it RESOLVED, on recommendation of the Budget & Fiscal Policy Committee that the 1996 fringe rate shall be 25 percent of actual payroll incurred for all County Departments, without exception, RESOLVED, further, that the Director of Finance is authorized to retroactively adjust 1996 charges to departmental accounts at the standardized 25 percent rate. SEQR ACTION: TYPE II -20 RESOLUTION NO. 167 - ESTABLISHING FRINGE BENEFITS PAYMENT RATE FOR 1997 MOVED by Mr. Joseph, seconded by Mr. Proto. Ms. Kiefer spoke of a concern she raised at the Committee level that instead of using actual figures which would take some computation, an across-the- board percentage figure is used in this resolution. She said she asked what departments would come out ahead by using the percentage, and was told Solid Waste, Airport, and the Department of Social Services. Mr. Winch asked what the trend was three years ago, and if this is a consistent figure. Mr. Heyman said he would provide this information to Mr. Winch. A voice vote resulted as follows: Ayes- 15, Noes - 0. RESOLUTION ADOPTED. WHEREAS, Resolution No. 135 of 1995 authorized the creation of a Fringe Benefits Payment Pool with the purposes of simplifying the calculation of fringe benefit costs in County departments and the Tompkins County Public Library, creating stability for small to medium sized County departments, and WHEREAS, annually, the pool shall be funded based on a percentage of payroll to be recommended by the County Administrator and the Director of Finance to the Budget & Fiscal Policy Committee and to the full Board of Representatives, now therefore be it 201 June 18, 1996 RESOLVED, on recommendation of the County Administrator, Director of Finance, and Budget and Fiscal. Policy Committee, That the Fringe Benefits Payment Pool Rate for 1997 for all County departments will be 25 percent, RESOLVED, further, That this rate shall apply to all payroll actually accrued for 1997. SEQR ACTION: TYPE 11-20 RESOLUTION NO. 168 - DESIGNATION OF COST SAVERS, 1997 BUDGET MOVED by Mr. Joseph, seconded by Mrs. Livesay. Chairman Stein granted Representative Davis permission to abstain from voting on this resolution because of her affiliation with OAR (Offender Aid and Restoration). Mr. Joseph stated the Budget and Fiscal Policy Committee voted to delete the Geographic Information System from this resolution. It was MOVED by Mr. Lane, seconded by Mrs. Schuler, to add the Geographic Information System back into the resolution. A voice vote resulted as follows: Ayes - 8 (Representatives Evans, Kiefer, Lane, Livesay, Mink, Schuler, Stein, and Winch); Noes - 6 (Representatives Blanchard, Joseph, Meskill, Proto, Todd, and Totman); Abstentions - 1 (Representative Davis). MOTION CARRIED. A voice vote on the resolution as amended resulted as follows: Ayes - 12, Noes - 2 (Representatives Meskill and Totman), Abstentions - 1 (Representative Davis). RESOLUTION ADOPTED. WHEREAS, this Board on June 6, 1995, adopted recommendations of the Budget Review Task Force of the Budget and Fiscal Policy Committee with respect to the criteria for Cost Savers and with respect to the consequences of that status, and WHEREAS, to be designated a Cost Saver a budgeting unit or a program must meet all of the following criteria: 1) Only an entire program or budgeting unit may be designated; 2) The budgeting unit or program must provide services funded by general revenues or by the Solid Waste Annual Fee; 3) By providing those services, the budgeting unit or program must clearly reduce County spending in other County budgeting unit(s), or increase revenue to the general fund or to the Solid Waste Fund; 4) The amount of savings or increased revenues must equal or exceed the total amount of general revenues or Solid Waste Annual Fee revenues of the entire designated program or budgeting unit; 5) The savings from providing the proposed services must be achieved within the same fiscal year or within the following two (2) fiscal years; 6) A reduction in services in the designated budgeting unit or program would result in a net increase in costs to Tompkins County; and WHEREAS, budget makers have requested Cost Saver designation for various programs and these have been recommended upon by the Budget and Fiscal Policy Committee, now therefore be it RESOLVED, on recommendation of the Budget and Fiscal Policy, Economic Development, Human Services, Planning, Community Development and Education, and Public Safety Committees, That the following programs of County government are hereby designated to be Cost Savers for the 1996 budget: Tompkins County Area Development Offender Aid and Restoration - Bailfund Planning Department - Geographic Information System Planning Department - Grant Development Probation Department - Intensive Supervision Probation Department - Pretrial Services Probation Department - Service Work Alternative Probation Department - Reduced Incarceration Community Service Department of Social Services - Child Support Enforcement 202 June 18, 1996 Department of Social Services - Fraud and Investigation Department of Social Services - Resource Recovery Office for the Aging - Expanded In-home Services to the Elderly. SEQR ACTION: TYPE II -20 RESOLUTION NO. 169 - APPROPRIATIONS OF UNSPENT PRIOR YEAR FUNDS FROM GENERAL AND ROAD FUND BALANCES TO VARIOUS ACCOUNTS; ADJUSTMENTS TO 1997 FISCAL TARGETS MOVED by Mr. Joseph, seconded by Ms. Kiefer, and unanimously adopted by voice vote. WHEREAS, various departments have been certified by the Director of Finance to have unspent appropriations and excess revenues on the County's books as of December 31, 1995, which under County fiscal policy are eligible to be reappropriated into their 1996 accounts or to be set aside for expenditure in 1997, now therefore be it RESOLVED, on recommendation of the Budget and Fiscal Policy, Governmental Operations and Administration; Health and Environmental Quality, Human Resources, Planning, Community Development and Education, Public Safety and Transportation Services and Facilities Committees, That the following funds are appropriated to the accounts indicated from the General Fund Balance, with the sole exception of the appropriation to Road Materials which is from the Road. Fund Balance, RESOLVED, further, That 1997 fiscal targets are increased on a one-time basis as indicated and that this information will be highlighted in 1997 budget request packets. SEQR ACTION: TYPE 11-20 Ap Rare. 7 7 9 9 10 11 13 Department .06,61170., Board of Representatives .4998 Cover short -fats at year-end A1010 ONE -DME TARGET ADJUSTMENT 1997 Budget Reappropriale to 1996 Budget Total. fin by line BOARD ADOPTED JUNE tq 1996 1,768 1,768 83,018 .4442 Summer Intern to assist Chair of the 1,250 1,250 Clerk of the Board .1330 Temporary Secretary (up t 90 days) A1040 while Clerk is on leave 7,545 7;545. 89,813 2230 Software licenses for NETSCAPE 500 600' .4998 Cover short -fats al year-end 1,768 1.766' Count' To upgrade -486 wrpWerwilh Administrator 2206 inadequate hard -drive storage and RAM A1230 1.000 _ 1.000 82,702 To ower addkional printing costs 10,3111.1 .4370 intim production oft program budget 402 ' 02• 4 .2206 Reserve funds for future computer equipment needs 1.300 1;300'. Finance Offset potential loss o(1996 budgeted A998 revenues and salary a4usonent 15.000. , YS.000: 552,679 — 1996 Budget was inadequately funded - Anticipate ongoing requirements cannot be accommodated by present budget target 37,879. 3079 Assessment .4998 Stale Aid budgeted in 1996 but received A1355 111995 64,150 i )15G - 085,659 Based on 1995 revenues; assessors lees .4998 have been overstated for 1996 - 6.000. `� Q;000 Increase in hours/week from 35 to 40 (or .1709 partial hiding) for additional Real Property Appraiser or trainee.i, 10,807 - X0607. �.. .8500 Fringes for above 2,702 '1,702 County Attorney — Software needs A1420 200 200. 14,879 _ Funds for expenses regarding the new DS5buildingand other on-going projects. 3,779 - - 3,779 Printing costs due to acquisition of County — properties 400 400 — Additional bookcases 150 150 _ To replace file cabinet with defective drawers 350 350. Board of Elections Computer equipment to replace badly A1450 .2206 functioning, older unit and add 2nd scanner for signature digkain9 6,018 6,016 914,318 .2212 File cabinet 500 500 2213 Wont station for temporary help 300 300 _ Temporary cla: realms for presklentiat year election 2,400 3600 0,000 203 June 18, 1996 Appropriation of 1995 surplus funds: Raquel/ No. Department AcctJTitJe — Fringes for above position ONE-TIME TARGET ADJUSTMENT 1997 Budget Reappropriate to 1996 Budget 600 900 Total, line by line BOARD ADOPTED. JUNE 18, 1996: 1,500 Govemmental Operations & Administration, continued (NOTE: Item 12 has been correctly re -located in Human Services) uentrany 14 Distributed Items 4999 Account 9060 Health Insurance - Add to A1989 Fringe Pool reserve Reserve for eventual replacement of 1989 .2231 Dodge pickup and/or 1990 Dodge Cargo Van 38,063 38;061. $64,702 4999 Account 9089 Supplemental Benefits - Add to Fringe Pool reserve 1800E 2,989 2;98 4903 In-service training & education 71,670: 22,477 !2 .4639 Newsletter 1,173 t'9 HEALTH & ENVIRONMENTAL QUALITY 16 17 17 17 17 17 Weights & Measures A3630 Reserve for eventual replacement of 1989 .2231 Dodge pickup and/or 1990 Dodge Cargo Van 1.800 1800E Health A4010 $101,802 .1703 To cover costs borrowed for the award of RFP for billing software 71,670: , :• 71 tT0. .2206 High speed impact printer and laptop 9,000 4330 Increased printing costs due to the implementation of the new billing system 1,000 .4412 Training for new billing system 3,000 e e 4442 Increased home health aide costs due to increased caseload 16,032 ..-,. fif3` .4901 Connection to Health Information Network 1,100. .1,100. IHAP A4011 53,221 4412 To provide increased training opportunities 1,500 — Unspecified - roll to 1997 Budget 1,721 ,... . ? -. Occupational Health & Safety M013 $6,867 Micron Transport Notebook; purchase of .2206 15 sound cards with speakers for OSHA mandated training 6,500 .: - fi . '.6,5001 .4332 Safety videos 367 i PCAP A4023 $28,811 .2206 Computer Equipment for billing system 3 687 ,;, , ;i 37� .2230 Ciinical Unk for Delta Billing System 2012420 124'f Send staff member to Childbirth .4412 Education Cert. course and have funds for training for new billing system 5,0005;. r a Children with Special Care Needs A4047 $12,567 .2206 Computer Equipment to meet program expansion 3,618 3,618 .2211 Two chairs - one for new staff member and one replacement (safety) 340 340 2212 Desk, bookcase 3 computer table for new staff person 712 712 2213 Additional file cabinets for increasing caseload 582 582 204 June 18, 1996 Appropriation of 1995 surplus funds: Request No. Department Acct./Title ONE-TIME TARGET Total, hne by line ADJUSTMENT Reappropriate to BOARD ADOPTED 1997 Budget 1996 Budget JUNE 18, 1996 Health & Environmental Quality, continued Children with 17 Special Care Needs A4047 17 18 continued....... Car radio for 2nd county vehicle to allow .7227 for office/car communication as well as enhanced employee safety 567 567 4302 Increased office supply needs due to Increased caseloads and additional staff 1200 1,200 4330 Additional outreach to the community via new brochure 500 S00'. 4332 Additional books, publications & videos for use by staff & community 1250 .250:'. 4412 Increased staff participation at various trainings & conferences 3,000 - •g: Local mileage costs when County vehicle .4414 is not available 798 Y . 798 Physically Handicapped — Unspecified - roll to 1997 budget Children's - Treatment - A4048 17,214 3,894 17,14:;. Mental Health .4998 Offset against 1994 & 1995 desk audits - Clinic A4311 NYS 2,290 266,941 00340 HUMAN SERVICES 12 20 Personnel A1430 .2206 Computer equipment for existing staff who currently have none 11,473 1173' $16,053 .2211 Chairs; 1 new & 1 replacement 290 29,Q: .2212 Work station to replace one on loan 480 : 489 2213 Fling Cabinets (3) - currently, filing needs are beyond capacity 610 61:0`' .2230Software licenses and software for new computer equipment 1200 1190 .4302 Office supplies 2,000 Office for the Aging A6772 .4998 To make up for expected Federal cuts 3,894 3 894 Total all COFA= — To make up for expected budget cuts 2,290 2290 342,792 .1908 Summer & fall student assistance 2,000 200 COFA-SNAP A6774 — To make up for expected budget cuts 2,290 2,290 COFA - TITLE V A6775 — To make up for expected budget cuts 2,290 2,290 COFA - Nutrition .4998 To make upfor A677fi expected Federal cuts 3,482 3,482 COFA - CSE 4442 Evaluation of home repair work by A6777contractor 550 550 COFA - TITLE IIID .4998 To make e u P for expected Federal cuts 31 31 205 June 18, 1996 Appropriation of 1995 surplus funds: Rogues* Department COFA - PERS A6787 Acct./Title .2219 PERS units ONE-TIME TARGET ADJUSTMENT 1997 Budget Reappropriate to 1996 Budget Total, line by line BOARD ADOPTED JUNE 18, 1996 1,500 1,500 iuman services - r,ounty vmce rvr u.e .,y..ry %vv.., .. ................ COFA - Care Continue support group until end of 1996 Givers Demo .4400 culminating in group's self-sufficiency. Project A6794 NYS terminated project as of 4/26/96 .2206 Computer, printer & upgrades5 10,000 10.000 COFA- Ombudsman — To make up for expected budget cuts Program A6798 2,290 Furniture for reception area 2.290 To assume half-time Housing Options for Office for the Seniors (HOST) - A special request for Aging - HOST; .4400 G New Program continuance of the program will be submitted with the 1998 budget 12,175 • 121S.i 21 Offset administrative State Youth Bureau A7020 --- Aid cuts 3,000 ? 3;000= — To cover 1997 salary increases 6,000 5,000 6.O(Y ) — To cover fringes on 1997 salary increases 1,500 19,000 15004 Youth Bureau To offset known and anticipated cuts in A7026 — funding (amount will be distributed across known programs in 1997 budget) 23,500 23.44 , , Total all YouthMerit increases or expansion by agencies — Bureau = to be designated 5,927 $49,927Youth Transportation initiativeill buy will .4510 Micro -Charter passes for youth programs 10,000 10000S. PLA 24 Planning A8020 549,881 .2206 Computer, printer & upgrades5 Reserve for expenditures that were paid .4998 out in 1996, but should have come from 1995 funds 10,000 _ Furniture for reception area 3,100 /24500 • .2212 — Travel & training 2,991 4,290 ? :, 4 t0 Inventory for Natural Resources & — Comprehensive Planning Program 5,000 5,000 . ap;(100": — Technical support for Inventory program, and a Planning Certificate Program 19,000 4.000' rV176IV 27 26 Vf%r a.- ■ r District Attorney A1165 $38,125 Reserve for expenditures that were paid .4998 out in 1996, but should have come from 1995 funds 10,000 1'D'000 Assistant District Attorney - Increase from .1228 half-time to full-time for remainder of 1996 to work on DWI prosecution 22.500 /24500 .8800 Fringe benefits on above 5,625 5,625 Assigned Counsel A1170 2296 Computer updating (speed, and memory storage) 2,200 2;200 .4412 Travel & Training - 2,096 2,096 206 June 18, 1996 Appropriation of 1995 surplus funds: Request N. Department Public Safety, continued Acct./Title ONE-TIME TARGET Sheriff A3110 $45,941 Total, line by line ADJUSTMENT Reappropriate to BOARD ADOPTED 1997 Budget 1996 Budget JUNE 18, 1996 28 29 30 Sheriff A3110 $45,941 .2221 Light bars, sirens, two-way radios 4,531 3,050 3,050 .7772 Fax Machine, Mobile Data Term. (2) 1,120 5,250 5,250, .2231 Equipment Reserve 934 3,500 3,500 .2206 Computer equipment 20,000 1,900 .1904 Overtime 19,212 25,089 25,089 .4400 Forfeiture funds - restricted use 17,628 6,152 6,152, .4421 Paint military trucks white 10,000 1,000 1,000. Jail A3150 $0 4439 Special clothing for inmates on work assignment (ATI participants) Unspecified Probation A3140 $61,258 .4998 To cover overpayment of State Aid 2,551 Z551- 2231 Van for transport of Reduced Incarceration Community Service Crew 17,000 17,000; computers (10 to 12) for staff use 2206 while in the field and/or office 38,707 38,707 38,707'' .2230 Software for laptop computers 3,000 3,000:' 31 Fire/EMS A3410Mg. 532,740 .2221 Server, artic cards, artic multiports, 64 Ram, token ring, 1r screen 15,890 15,890:. .2221 Token ring dial access unit to enable reporting from field units directly to CAD 5,500 5,500 2221 NYNEX lease Inc installation and modems (2) 2200 2,200; 2221 Replacement of desk top Master Control F-2421 with installation 3,150 3,150 Re -tightening and strength testing of guy .2221 wire supports for six of our eleven tower sites 6,000 6,0004 TRANSPORTATION SERVICES & FACILITIES 35 36 37 Buildings & Computerized & portable kiosk to be used Grounds A1620 - in various County buildings to receive customer Information 4,531 4,531 Buildings & .2211 Ergonomicchairs for office staff Grounds A 1620 1,120 1,120 2212 Computer work stations to meet ergonomic standards 934 934 Transportation .4826 Contribution to Capital (Local Match) Services A5630pursuant to Res. #26 of 1996 20,000 20,000 .4462 Pay for 1995 insurance chgd. to 1996 19,212 19,212 .4425 Pay for 1995 invoice chgd. to 1996 17,628 17,628 .4425 County share for 5 spare bus rehabs. 10,000 10,000 .4425 Service 1996 Contracts - anticipate shortfall for 13,389 13,389 207 June 18, 1996 Appropriation of 1995 surplus funds: Request Department Acct./Title Transportation Services & Facilities, continued ONE-TIME TARGET Total, line by fine ADJUSTMENT Reappropriate to BOARD ADOPTED. 1997 Budget 1996 Budget JUNE 18, 1996 Public Works Upgrade pavement, shoulders, etc. on the 38 Highway Division .4312 Brown Rd. section not reconstructed in 05110 1995 Bridges: Construction of Forest Horne Drive bridge; designs of Trumbull .4411 Comers, Renwick Dr., Ferguson Rd., Brook Rd., Comfort Rd., Covered Bridge, W. Dryden Rd., and Red Mill Rd. Public Works Reserve for purchase of snow plow truck Machinery Fund .2233 originally scheduled for replacement in DM5130 1995 24,305 24,305: 306,623 306,623; 20,970 20,9705' Total) all Public Works: $438,712 GRAND TOTALS 185,143 1,271,775 456918 Report and Presentation of Resolution(s) from the Public Safety Committee Mr. Meskill, Chairman, stated he received a copy of a letter sent to Henry Theisen, County Attorney, thanking Susan Cook, Paralegal, for participating in helping create a law in relation to child sexual abuse in the third degree. Ms. Cook worked closely with Assemblyman Luster and Senator Seward to make this happen. Mr. Meskill stated he received a report from Kathy Leinthall, Probation Director, on the Probation Department's reduced incarceration program. He said it appears that approximately $40,000 in jail days have been saved so far this year. Mr. Meskill also updated the Board on the status of the E911 system. RESOLUTION NO. 170 - BUDGET TRANSFER AND FISCAL TARGET REDUCTION PURSUANT TO THE TERMS AND CONDITIONS AGREED UPON IN THE "EMPLOYEES OF THE TOMPKINS COUNTY SHERIFF'S DEPARTMENT" CONTRACT FOR THE PERIOD MARCH 1,1996 THROUGH FEBRUARY 28, 2001 MOVED by Mr. Meskill, seconded by Mr. Proto. Chairman Stein granted Representative Davis permission to abstain from voting on this resolution because of her affiliation with the Sheriff's Department. A voice vote resulted as follows: Ayes - 14, Noes - 0, Abstentions - 1 (Representative Davis). RESOLUTION ADOPTED. WHEREAS, the "Employees of the Tompkins County Sheriff's Department" Agreement for the period March 1, 1996 through February 28, 2001 included the provision for a 20 -year retirement package at considerable cost to the County, and WHEREAS, the Union agreed to certain concessions to offset the cost of the retirement option, now therefore be it RESOLVED, on recommendation of the Public Safety and Budget and Fiscal Policy Committees, That the following 1996 Budget Transfer and 1997-2001 Fiscal Target adjustments are hereby approved: 208 June 18, 1996 1996 Budget Transfer FROM: A3110.1908 Salary Adjustment $ 31,907 A3110.1904 Overtime 29,717 A3110.1906 Shift Differential 8,970 A3110.4340 Clothing 3,259 A3110.8800 Fringe Benefits 17,649 TO: A1990.4400 Contingent Fund $91,502 Fiscal Target Adjustment 1997 Fiscal Target Reduction $142,167 1998 Additional Fiscal Target Reduction 25,082 1999 Additional Fiscal Target Reduction 25,660 2000 Additional Fiscal Target Reduction 26,756 2001 Additional Fiscal Target Reduction 27,888 SEQR ACTION: TYPE H-20 Report and Presentation of Resolution(s) from the Human Services Building Construction Committee Ms. Mink, Chair, reported the Committee met last week. She reported on the recent fire in one of the garages in the back of the property. She said the Committee decided to hire the contractors who boarded up the buildings to clear out all of the trash. She said there will be negotiations with the past property owners about the fact that there was trash left. The next meeting will be July 2. RESOLUTION NO. 171- AWARD OF BID - DEMOLITION FOR HUMAN SERVICES BUILDING - CAPITAL PROJECT MOVED by Ms. Mink, seconded by Mr. Winch. A voice vote resulted as follows: Ayes - 14, Noes - 1 (Representative Proto). RESOLUTION ADOPTED. WHEREAS, the Tompkins County Finance Department has duly advertised for bids for site demolition for the Human Services Building project, and WHEREAS, six (6) bids were received and publicly opened and read on June 10, 1996, now RESOLVED, on recommendation of the Human Services Building Construction Committee, That the bid for demolition for the Human Services Building project be awarded to Integrated Waste Special Services, Inc., of Buffalo, New York, in the amount of $199,069, with $20,000 included in the project budget for change orders and other contingencies, . RESOLVED, further, That the Tompkins County Division of Engineering and Thomas Associates be authorized to implement this bid on behalf of the County. SEQR ACTION: TYPE II -20 Report from the Economic Development Committee Ms. Mink, Chair, reported the Committee will meet on June 25 at 9 a.m. She also reported the Economic Development Alliance will meet on June 25 at noon. Report from the Leadership Council 209 June 18, 1996 Ms. Mink, Chair, reported the Council met June 14 and discussed the proposal to create a training coordinator position. She reminded Board members the meeting to discuss meeting management will be held June 19th from 2-4 p.m. Report from the Electronic Future Committee Mr. Evans, Chairman, reported the Committee will meet on June 20 at 3 p.m. Report from the Rural Affairs Committee Mr. Proto, Chairman, reported the Committee will meet on July 8 at 8:15 a.m. Report from the Public Information Committee Mr. Evans reported the Committee met on June 11. He asked that Board members vote for three of the logos that are displayed on the Board Room wall. He said voting forms will be placed in Board members' mailboxes. Mr. Evans stated the Committee is working on the County's Guide to Services. Report from the Charter Review Committee Mr. Lane, Chairman, reported the Committee will meet on June 25 at 3:15 p.m. Approval of Minutes of May June 4. 1996 It was MOVED by Mr. Proto, seconded by Mr. Evans, and unanimously adopted by voice vote, to approve the minutes of June 4, 1996, with the changes submitted by Representative Kiefer. MINUTES APPROVED. Recess Chairman Stein declared recess from 8:40 to 8:45 p.m. Executive Session It was MOVED by Mr. Todd, seconded by Mr. Meskill, and unanimously adopted by voice vote, to enter into an executive session at 8:45 p.m. to discuss negotiations. The meeting returned to open session at 8:50 p.m. Adjournment On motion the meeting adjourned at 8:50 p.m. 210 July 2, 1996 Regular Meeting Called to Order Chairman Stein called the meeting to order at 5:30 p.m. Pledge of Allegiance to the Flag and Roll Call of Members Members and guests participated in the Pledge of Allegiance to the Flag. Present: 15 Representatives. Privilege of the Floor by the Public Ruth Mahr, Judd Falls Road, President of the Forest Home Improvement Association, and Cornell University Alumna, spoke in support of a resolution entitled Requesting that the Negative Declaration on the Proposed Incinerator at the New York State College of Veterinary Medicine be Rescinded. This resolution was not on the agenda for this meeting; it was adopted by the Health and Environmental Quality Committee at its last meeting. She said the Forest Home Improvement Association has set up a committee that has been researching this project for three months, and has learned that this project could have a significant impact on the health and general welfare of the residents of Tompkins County. She feels the project deserves the scrutiny it would receive through a full environmental impact statement. John Wolff, Ithaca Town Board Member, also spoke in support of a resolution entitled Requesting that the Negative Declaration on the Proposed Incinerator at the New York State College of Veterinary Medicine be Rescinded. Mr. Wolff believes a full environmental impact statement needs to be performed on this project. He said a similar resolution will be presented to the Ithaca Town Board at its next meeting. He distributed material to be placed on file. Betsy Darlington also spoke in support of a resolution entitled Requesting that the Negative Declaration on the Proposed Incinerator at the New York State College of Veterinary Medicine be Rescinded. She stated the project that is now being proposed is very different from the one proposed in 1993. She said she feels in order to be in complete compliance with SEQR, a full Environmental Impact Statement needs to be done. Lynn Leopold, League of Women Voters, also spoke in support of a resolution entitled Requesting that the Negative Declaration on the Proposed Incinerator at the New York State College of Veterinary Medicine be Rescinded. Ms. Leopold said the League feels the public was not fully involved in the planning for this project, and there are several questions the public has that relate to the environmental impact. She asked the Board do all it can to encourage the State to require a full Environmental Impact Statement be done. Jill Brantley, City of Ithaca, also spoke in support of a resolution entitled Requesting that the Negative Declaration on the Proposed Incinerator at the New York State College of Veterinary Medicine be Rescinded. Ms. Brantley gave the Board an overview of the chronology of the proposed project with respect to interactions with Town of Ithaca Officials. She noted how increasingly there is no longer just a single agency responsible for a project, so it is harder for citizens to know where to turn for help with concerns. Ms. Brantley urged the Board to support a full Environmental Impact Statement. Phillip Zarriello, Taughannock Boulevard, Environmental Management Council (EMC) Member, and Chair of the Town of Ithaca Conservation Board, also spoke in support of a resolution entitled 211 July 2, 1996 Requesting that the Negative Declaration on the Proposed Incinerator at the New York State College of Veterinary Medicine be Rescinded. He said he feels the comments that were made by both the Conservation Board and the EMC were not addressed, and it is important for the County Board to make a statement that it is important to follow the SEQR (State Environmental Quality Review) process. He said and EIS will mandate the New York State Department of Environmental Conservation to respond to the comments made by the public. Privilege of the Floor by Board Members Mr. Evans, District No. 13 Representative, said the resolution spoken of under Privilege of the Floor by the Public entitled Requesting that the Negative Declaration on the Proposed Incinerator at the New York State College of Veterinary Medicine be Rescinded was approved by the Health and Environmental Quality Committee, and will be brought to this Board on July 16. The Town of Ithaca will have an opportunity to act on it before it comes to this Board for consideration. Ms. Blanchard, Representative, District No. 1, stated at the last Board meeting there was a great amount of confusion in bringing the resolution to the Board entitled Award of Bid - Demolition for Human Services Building - Capital Project. She thanked staff in the Board Office, Department of Finance, and Public Works for pulling information together at the last minute so that the Board could act on this resolution. Ms. Blanchard gave the following report on the Tompkins County Homeownership program, and submitted same for the record: • Tompkins County has received two grants for first-time homeownership in 1993 and 1994 through the HUD Community Development Block Grant Program. These grants totaled $1.2 million and the 1993 grant application was the highest -ranked single -purpose application in Upstate New York. • The County has applied for three additional years of assistance, totaling $1.5 million. We are currently awaiting HUD approval on this grant application, but are optimistic about our funding chances. • To date, the Homeownership Program has served 39 customers in 21 months of operation, with no defaults or payment problems from any of our customers to date. Demand has steadily increased, and has been consistent during all seasons of the year in Tompkins County. • Two of the 39 households are on early payment plans, but the remainder will begin repaying their loans five years after purchase, allowing additional households to participate in the Program and recycle the money to enhance homeownership opportunities. All of the money lent is repayable and is secured through mortgages and notes on the property. • In addition to providing opportunities for low-income homeowners that otherwise would not exist the Program has been a significant market support for lower priced houses in the County. Program houses in 1995 made up over three percent of total housing sales in Tompkins County (22 out of 650), and a much higher percentage of sales in the price range between $50,000 and $80,000 that the Program primarily operates in. • This program combines public, not-for-profit and private resources in a unique way, with real estate agents and mortgage lending institutions providing technical support and financial incentives to program customers. The six (soon to be seven) participating lenders are the most involved in any homeownership program in Upstate New York, according to HUD sources. A total of eight mortgage institutions have provided mortgages to Program customers to date. • The first grant called for 25 households to be served and 27 households actually received mortgages through the program. It is quite likely that Program goals will be exceeded in the second grant program as well. 212 July 2, 1996 Addition of Resolution(s) to the A2enda On motion of the appropriate committee chair and duly seconded and unanimously adopted by voice vote, the following resolutions were added to the agenda: Commissioning the Name TCAT - Tompkins Consolidated Area Transit Award of Bid - Used Medium Transit Buses - TCAT Withdrawal of Resolution(s) from the A2enda There were no resolutions to be withdrawn from the agenda. Chairman's Report Chairman Stein read a statement of recognition and conveyed a certificate to Frank Satterly, Director of Public Works and Utilities for the Village of Groton, for being the recipient of the American Power Association's Larry Hobart Seven Hats Award which recognizes outstanding management of a public power system. Chairman Stein read a statement of recognition and conveyed a certificate to John Beach, STOP - DWI Coordinator, for the recognition he received from the New York State Office of Mothers Against Drunk Driving (MADD), the New York State Division of Criminal Justice Services Bureau of Municipal Police, and the New York State Governor's Traffic Safety Committee for his outstanding contributions and dedication to highway safety and anti -DWI efforts. Chairman Stein extended birthday wishes to Representatives Winch and Schuler. Chairman Stein reported the Chamber of Commerce is sponsoring a presentation by Dr. Ken Blanchard, author of "The One Minute Manager" at the Statler Hotel on July 24 at 10 a.m. Report by the Deputy County Administrator Kathy West, Deputy County Administrator, reported a budget training session was held on June 20 for department heads and staff who prepare budgets. She said the budgets are now being prepared by departments, and are due on July 18. Mr. Proto requested a copy of the information handed out at that training session, be placed on file in the Board office. Ms. West said she would do this. Report by the County Attorney Mr. Theisen reported the half-time County Attorney position has been filled, and he expects the individual to begin next week. He also reported an attorney is suing the County for not being given his fair share of assigned counsel cases. Mr. Theisen said he feels there are a lot more attorneys than there were before, and a lot of them are relying on these cases. Mr. Theisen reported on the status of the Biggs A cases, and said a motion has been made in court to dismiss both Biggs A cases on the basis the plaintiffs have not complied with pretrial discovery. Report by the Finance Director Mr. Squires had no report. Resolution(s) Approved Under the Consent A2enda 213 July 2, 1996 It was MOVED by Mr. Meskill, seconded by Mrs. Livesay, and unanimously adopted by voice vote, to approve the following resolution(s) under the Consent Agenda: RESOLUTION NO. 172 - AWARD OF BID - MENTAL HEALTH AND ADA ELEVATORS CAPITAL PROJECTS MOVED by Mr. Meskill, seconded by Mrs. Livesay, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, the Tompkins County Finance Department has duly advertised for bids for the purchase, retrofit, and installation of a new elevator at the Mental Health Department Building, and WHEREAS, five (5) bids were received on June 3, 1996 and publicly read, now therefore be it RESOLVED, on recommendation of the Transportation Services and Facilities Operations Committee, That the bid be awarded to Bear Electric of Ithaca, New York in the amount of $14,000.00 for the electrical contract, and Woodford Bros., Inc. of Apulia Station, New York in the amount of $181,800.00 for the general construction contract, both bidders being the lowest, responsible bidders, RESOLVED, further, That the bid for Alternate 1 encompassing modification of construction, wiring, and controls for three additional elevators currently located in County Buildings, to bring up to ADA codes, be awarded to Woodford Bros., Inc. of Apulia Station, New York in the amount of $29,800.00 being the lowest responsible bidder, RESOLVED, further, That the Department of Public Works be authorized to implement this bid on behalf of the County, funds to be provided from capital account HB1640.9239 for the Mental Health Elevator project, and capital account HB1645.9239 for the ADA project. SEQR ACTION: TYPE II - 2 RESOLUTION NO. 173 - AUTHORIZATION FOR PUBLIC HEARING - TOMPKINS CORTLAND COMMUNITY COLLEGE OPERATING AND CAPITAL BUDGETS - 1996-97 MOVED by Mr. Meskill, seconded by Mrs. Livesay, and unanimously adopted by voice vote under the Consent Agenda. RESOLVED, on recommendation of the Planning, Community Development and Education Committee and Budget and Fiscal Policy Committee, That a public hearing be held on Tuesday, July 16, 1996, 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 1996 -1997 operating and capital budget requests 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: TYPE II -20 RESOLUTION NO. 174 - CHANGES TO 1996 TOMPKINS COUNTY ROOM OCCUPANCY TAX BUDGET MOVED by Mr. Meskill, seconded by Mrs. Livesay, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, Tompkins County has established a Room Occupancy Tax to provide funds for tourism promotion in Tompkins County, and 214 July 2, 1996 WHEREAS, the County has received a request from the Tompkins County Chamber of Commerce for funding form the Room Occupancy Tax for postage expenses caused by the success of the Convention and Visitor's Bureau advertising campaign, and WHEREAS, the County has funds from previous years which may be used for the purpose of meeting this need, as well as unallocated revenues from the 1996 budget, and WHEREAS, the previous years' funds should be brought into the current year for proper budgeting and use, now therefore be it RESOLVED, on recommendation of the Economic Development Committee, That the following changes to the 1996 Room Occupancy Tax budget be approved, INCOME .1113 Tax on Hotel Room Occupancy $ 6,130 A599 Previous Year's Surplus 11.870 TOTAL REVENUES $18,000 EXPENSES .4504 Chamber of Commerce $18,000 RESOLVED, further, That the Director of Finance or his designee be authorized to implement the following changes in the Room Occupancy Tax budget, RESOLVED, further, That the County Administrator or his designee be authorized to sign any agreements necessary for this contract. SEQR ACTION: TYPE II -20 Appointment Approved Under the Consent Agenda It was MOVED by Mr. Meskill, seconded by Mrs. Livesay, and unanimously adopted by voice vote under the Consent Agenda, to appoint Joseph LoPinto to the Advisory Board on Tourism Development representing Bed and Breakfast Associations for a term expiring December 31, 1996. Withdrawal of Resolution(s) Not Requiring Board Action There were no resolutions approved under this heading. Report and Presentation of Resolution(s) from the Economic Development Committee Ms. Mink, Chair, reported the Committee met last Tuesday, and discussed tourism issues. There was also discussion concerning the Downtown Business Improvement District, and the $6,000 contribution the County is being asked for. She said the Committee will continue to discuss this. The next meeting will be July 23 at 9 a.m. RESOLUTION NO. 175 - DESIGNATION OF TOURISM PROMOTION AGENCY FOR STATE FISCAL YEAR 1996-1997 MOVED by Ms. Mink, seconded by Mr. Proto, and unanimously adopted by voice vote. WHEREAS, the Advisory Board on Tourism Development (ABTD) has traditionally recommended the appropriate agency for the New York State Tourism Promotion Agency (TPA) designation as part of its review function for tourism matters, and WHEREAS, the ABTD has reviewed the matter with appropriate agency representatives, and WHEREAS, the ABTD feels qualified to make a determination of the best agency to have the TPA designation, now therefore be it RESOLVED, on recommendation of the Economic Development Committee, That the designation of the TPA for 1996-1997 be awarded to the Ithaca -Tompkins County Convention and 215 July 2, 1996 Visitor's Bureau (CVB), with the understanding that the Director of the CVB be empowered in consultation with the Chair of the appropriate committee or Chair of the Board of Representatives to change the designation to any appropriate regional tourism promotion agency should it be advantageous for Tompkins County to do so, RESOLVED, further, That the Director of the CVB report back to the ABTD and Economic Development if such a change occurs. SEQR ACTION: TYPE 11-20 Report and Presentation of Resolution(s) from the Health and Environmental Oualitv Committee Mr. Evans, Chairman, reported the Committee has met twice since the last Board meeting. At the last regular meeting representatives from Tops, Wegmans, JCPenney, and Bishops were present to discuss the advantages and disadvantages of scanner accuracy. There was a lengthy discussion on this issue, and it will be discussed further at the next meeting. Mr. Evans said the Committee discussed the possibility of the County indemnifying the Soil and Water Conservation District, and this will be revisited. He stated the FEMA mitigation grant is being finalized and will be submitted on July 8th. The next meeting will be July 25 at 9:30 a.m. RESOLUTION NO. 176 - AUTHORIZING A PUBLIC HEARING ON PROPOSED LOCAL LAW NO. 4 OF 1996, AMENDMENT OF TOMPKINS COUNTY CHARTER AND CODE, APPOINTMENT OF MEDICAL EXAMINER MOVED by Mr. Evans, seconded by Mr. Lane. Mr. Proto asked for something in writing that argues in favor of doing this, including why the change is being proposed. Alice Cole, Public Health Director, said this has been an obstacle in hiring medical directors. She said the Health Department has two other physicians on staff that do not have to go through this process, and by adopting this change, it would provide consistency. Ms. Kiefer stated she opposes setting a hearing on this local law at this time, and that she is in the midst of tracking down why the County Charter included Board appointment of the Medical Examiner specifically. She noted she never heard at earlier committee meetings the argument presented by Ms. Cole tonight that having the appointment made by the Board of Representatives was an obstacle to recruiting a candidate. She also said she is unclear as to the position of the Health and Environmental Quality Committee because it was voted on twice and both votes were different. Mr. Evans stated the Health and Environmental Quality Committee originally passed the resolution as it appears on the agenda; the version the Committee voted on the second time was the version approved by the Governmental Operations and Administration Committee. A roll call vote on the resolution resulted as follows: Ayes - 10, Noes - 5 (Representatives Kiefer, Meskill, Proto, Schuler, and Totman). RESOLUTION ADOPTED. WHEREAS, the most appropriate body to consult with the Public Health Director on the appointment of a Medical Examiner is the Board of Health whose membership includes at least three physicians licensed in the State of New York, now therefore be it RESOLVED, on recommendation of the Health and Environmental Quality and Governmental Operations 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, July 16, 1996, at 5:30 o'clock in the evening thereof concerning proposed Local Law No. 4 of 1996, Amendment of Tompkins County Charter and Code, Appointment of Medical Examiner, 216 July 2, 1996 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: TYPE II - 20 RESOLUTION NO. 177 -APPROVAL OF AMENDED BYLAWS TOMPKINS COUNTY MENTAL HEALTH BOARD MOVED by Mr. Evans, seconded by Ms. Mink. Mr. Evans said State Law says there will be a limit of two consecutive terms unless changed by county law which is done by the County Charter and Code. Ms. Kiefer stated she will support this resolution with the understanding that the question of term limits will be revisited in the future. A voice vote resulted as follows: Ayes - 15, Noes - 0. RESOLUTION ADOPTED. RESOLVED, on recommendation of the Health and Environmental Quality Committee, That the amended bylaws of the Tompkins County Mental Health Board be and hereby are approved, RESOLVED, further, That said bylaws be filed with the Clerk of the Board of Representatives. SEQR ACTION: TYPE 11-20 RESOLUTION NO. 178 - AUTHORIZING THE MAKING OF AN APPLICATION AND THE SIGNING OF A STATE CONTRACT FOR A NONPOINT SOURCE POLLUTION ABATEMENT AND CONTROL PROJECT UNDER THE APPROPRIATE LAWS OF THE STATE OF NEW YORK AND THE UNITED STATES OF AMERICA (SIX MILE CREEK WATERSHED IMPROVEMENT IMPLEMENTATION GRANT) MOVED by Mr. Evans, seconded by Mr. Proto, and unanimously adopted by voice vote. WHEREAS, Tompkins County herein called the "Project Sponsor", has determined that it has the legal status necessary to enter into a State Contract and that certain work, as described in the State contract, herein called the "Project", is desirable and in the public interest, and WHEREAS, under terms of this contract Tompkins County will contract with the City of Ithaca for $65,000 and the Soil and Water Conservation District for $35,000 and that the City of Ithaca and property owners participating in the Program will provide funds or in-kind contributions totaling $100,000 and that the County will provide $8,995 of in-kind staff contributions, WHEREAS, under Article 17, Title 14, Section 17-1409 of the Environmental Conservation Law (ECL), the State is authorized to make financial assistance available to Project Sponsors, by means of a written agreement, for Projects to abate and control nonpoint source water pollution, and WHEREAS, the Project Sponsor has examined and duly considered Article 17, Title 14, Section 17-1409 of the ECL and deems it to be in the public interest and benefit under this law to enter into a contract therewith, now therefore be it RESOLVED, on recommendation of the Health and Environmental Quality Committee, That: 1. The County Administrator or designee is authorized as the official representative to act in connection with any contracts between the Project Sponsor and the State and directed to provide such additional information as may be required; 2. The Project Sponsor agrees that it will fund its portion of the cost of the Project; 3. One (1) certified copy of this resolution be prepared and sent to the New York State Department of Environmental Conservation, Albany, New York together with the State Contract; 4. This resolution take effect immediately. SEQR ACTION: TYPE II -20 217 July 2, 1996 Report and Presentation of Resolution(s) from the Budget and Fiscal Policy Committee Mr. Joseph, Chairman, reported the Committee will meet July 9 at noon. Mr. Joseph made a brief presentation on the rollover policy that is being proposed this evening. RESOLUTION NO. 179 - AMENDMENTS OF ADMINISTRATIVE POLICY 05-02, FISCAL POLICY MOVED by Mr. Joseph, seconded by Mr. Meskill. It was MOVED by Ms. Kiefer, seconded by Mr. Todd, to add the following wording to the end of the first paragraph of Section 5.06 - Reappropriation (Carryover or Rollover) of Unspent Funds from Previous Years: "Reappropriation requests for up to 75 percent of unspent funds are allowed with the following exceptions: 100 percent rollover guaranteed for grant mismatch with County fiscal year; 100 percent rollover for approved accrual accounts; and zero percent for unplanned windfalls, such as bid price below budgeted amount, revenue in excess of budget, bookkeeping items and savings on employee benefits. The amendment also retained the bracketed material in the second paragraph, and added the following language as the second sentence in line 4 of the same paragraph: "The Board will give special consideration to use unspent funds to make up shortfalls in existing programs or increase in demand for existing services. A roll call vote on the amendment resulted as follows: Ayes - 4 (Representatives Kiefer, Lane, Proto, and Todd); Noes - 11. AMENDMENT FAILED. A roll call vote on the resolution resulted as follows: Ayes — 11, Noes - 4 (Representatives Kiefer, Lane, Proto, and Todd). RESOLUTION ADOPTED. WHEREAS, this Board reorganized in 1995 the program based budget it had adopted in 1994, and incorporated all budget procedures and organization in a consolidated Fiscal Policy, Administrative Policy 05-02, in December 1995, and WHEREAS, the Budget and Fiscal Policy Committee has identified several needed amendments to this Fiscal Policy to promote consistency and clarity and better to accomplish the goals of the Policy, now therefore be it RESOLVED, on recommendation of the Budget and Fiscal Policy Committee, That the following amendments to Administrative Policy 05-02, Fiscal Policy, are hereby adopted: 1) Wherever in the Fiscal Policy there appear the words "Special Request" these are replaced by the words "Over Target Request". 2) All items below in [brackets] are hereby deleted; all items underlined are hereby added. Section 3.01 Program Based Budgeting (G) INFORMATION ABOUT BUDGETING UNITS AND PROGRAMS 3. BACKUP INFORMATION WITH BUDGET REQUESTS. When budgeting units submit Budget or Capital Program requests they must include the information in [Appendix C] the most current approved forms for this purpose; these are available from County Administration. Section 3.03 Basic Budget The basic budget of a budgeting unit is its budget request that includes only: the targeted amount of general revenue; any authorized rollover; dedicated revenues; and total approved spending that does not exceed the sum of these. 218 July 2, 1996 When a budgeting unit submits its basic budget it must highlight changes that have been made in programming. Section 3.05 Mandates Class A mandate funding that is left over at year-end is not eligible to be reappropriated; see Section 5.06 of this Policy. Funds may be appropriated into or out of Class A mandate accounts only upon recommendation of the program and budget committees and authorization of the Board of Representatives; see Section 5.01 (E) of this Policy. Section 5.01 Transfers (E) Funds may be appropriated into or out of Class A Mandate accounts only upon recommendation of the program and budget committees and approval of the Board of Representatives. Section 5.03 Appropriations from the Contingent Fund or a Fund Balance Appropriations from the Contingent Fund (or from a fund balance in the event that the Contingent Fund has been depleted) may be approved for two kinds of expenses: (A) DISCRETIONARY EXPENSES. Unforeseen expenses or opportunities that the Board of Representatives decides must be undertaken during the current fiscal year. The need must truly be urgent since the department or program receiving the additional funds is being exempted from fiscal constraints with which all the rest of County funded programs must comply. When a budgeting unit receives funding from the contingent fund or a fund balance for discretionary expenses the authority to reappropriate unspent funds in the subsequent year is automatically reduced by the same amount unless explicitly determined otherwise by Board of Representatives resolution. This applies in all cases except: (1) when the appropriation from a fund balance is a reappropriation of unspent funds from the previous year; or (2) when the appropriation is from fund balance monies whose source is STOP- DWI or Room Tax revenues. (B) DEPARTMENTAL ENTITLEMENTS. These are reimbursements for expended funds that the Board will ordinarily pay for and that department heads should be able to plan for. If there are circumstances under which the Board elects not to reimburse these expenses notice should be provided to any affected department head(s) by Board resolution. (1) Costs of terminal pay for employees as defined in union bargaining agreements and Administrative Policies 03-01 and 03-02, Management and Confidential Employee Fringe Benefits. (2) Total costs incurred by departments (net of any workers' compensation reimbursements) to replace employees in paid status who are absent from work, or unable to perform the duties of their position, for longer than two months; the absence may be due to any incident of job-related or non -job-related illness or injury, or to suspension. The total appropriated to the department for replacement pay may not exceed the straight time cost of employing the individual who is absent from work or unable to perform the position duties. Departments must pay the first two months' salary; any time beyond two months will be considered for reimbursement. (3) Budgeting units that receive funding under (1) or (2) above do not receive any increase in fiscal target, but their eligibility to reappropriate funds unspent at year Section 5.06 Reappropriation (Carryover or Rollover) of Unspent Funds from Previous Years County department heads are authorized to request reappropriation of unspent funds [up to 75 percent] from the previous year provided that they are certified by the Director of Finance to be available and 219 July 2, 1996 provided that this reappropriation is authorized by the established appropriation procedures of the Board of Representatives. Normally, the Board intends to approve requests to reappropriate unspent funds in order to (1) provide department heads with the flexibility to use funds wisely, regardless of arbitrary boundaries between budget years, (2) reward efficiency, and (3) not create incentives for "use it or lose it" spending. [Until the uncertainty of receipt of monies both federal and New York State is resolved, the County wishes to proceed cautiously retaining some monies to address those uncertainties.] There are [two] three ways funds can be reappropriated [changing the current or following year budget, and reappropriation (rollover)]: a) by changing the current and the following year budget: b) by using previous year's surplus funds in the subsequent year's budget: and c) by reappropriating previous year's surplus funds into the current year's budget after the County Board has voted to adopt the following year's budget. (A) CHANGING CURRENT [OR] AND FOLLOWING YEAR BUDGET. (1) The budgeting unit may submit a request as part of its annual budget proposal that identifies funds that will not be spent in the current fiscal year, and requests that these funds be authorized for spending in the next year. This procedure does not require a special request. The funds so designated [are not required to] must be identified separately from the rest of the program's authorized spending for the next year, and an explanation provided of why there is this change in the budget spending plan. In the event that this request is denied the funds remain available to be spent during the current fiscal year. (2) If this request is approved by the Board of Representatives the funds that are the subject of the request are no longer authorized to be spent during the current fiscal year. If the budgeting unit nevertheless spends some or all of the identified funds in the current fiscal year, this shall be treated as any other deficit situation (see above at Section 5.04 C). (3) A budgeting unit that has initiated such a request is no longer authorized to request a contingent fund or fund balance appropriation during the current year. If events make additional spending necessary during the current year its first course of action to meet this need shall be to reduce the next year's budget by the amount of the additional spending and to expend the funds already appropriated in the current year. (4) If a budgeting unit wishes to request to spend funds projected to be unspent at year-end in the following year after the program committee has already acted upon its budget requests it may submit a request to the County Administrator with a copy to the program committee. The County Administrator shall assemble all such requests for amendments, recommend on them, and present them to the budget committee. All proposals recommended by that committee shall be presented to the Board of Representatives at the budget adoption meeting as amendments to the proposed County Budget. [(B)] REAPPROPRIATION (1) SUBMISSION OF PROPOSALS. Proposals to reappropriate unspent funds from the previous year into the current year budget must be submitted through established procedures for approval of appropriations. Such proposals may be submitted at any time but will only be considered by the Board of Representatives after the following year's budget has been adopted. [All proposals must be submitted to the County Administrator within 30 calendar days of certification of the status of year-end accounts by the Director of Finance and all proposals must be authorized by the Board of Representatives upon recommendation of appropriate program committees and of the budget committee in conjunction with the midyear budget adjustment process described above in Section 5.05. Thisshall be the final opportunity to apply to reappropriate unspent funds unless otherwise specifically provided for by the Board of Representatives.] (B) USE OF PREVIOUS YEAR'S SURPLUS FUNDS IN THE SUBSEQUENT YEAR'S BUDGET 220 July 2, 1996 Budgeting units are authorized to request that funds certified by the Director of Finance to have been left over at December 31 of the previous fiscal year be authorized for spending in the subsequent fiscal year by making a request in conjunction with the annual County budget process. (EXAMPLE: A budgeting unit proposes that funds left over on December 31. 1996 be spent during fiscal 1998 by making a request during the 1998 budget process that occurs in the summer and fall of 1997.) Any such request shall be designated as a one-time target increase. SEQR ACTION: TYPE II -20 RESOLUTION NO. 180 - TRANSFERRING THE BUDGET REVIEW PROCESS TO COUNTY DEPARTMENTS FOR CERTAIN AGENCIES PREVIOUSLY REVIEWED BY THE HUMAN SERVICES COALITION AND FISCAL TARGET ADJUSTMENT — YOUTH BUREAU; COMMUNITY MENTAL HEALTH SERVICES; SOCIAL SERVICES; PUBLIC HEALTH MOVED by Mr. Joseph, seconded by Ms. Mink, and unanimously adopted by voice vote. WHEREAS, the following agencies were reviewed by the Human Services Coalition and received funding from the pool of Human Services funds made available through the County/City Agreement on the distribution of the increase in sales tax, and WHEREAS, the County Departments and the Human Services Coalition have determined that the review process should be at the departmental level where interaction and services are more closely related, now therefore be it RESOLVED, on recommendation of the Human Services and Human Resources, Health and Environmental Quality, and Budget and Fiscal Policy Committees, That Fiscal Targets for the General Revenue portion of funding shall be increased for the County Departments now handling the review process, RESOLVED, further, That the Fiscal Target for the Human Services Coalition funding recommendations (made available with General Revenue Funds) be reduced by the sum of these Target adjustments ($53,410), # Budget Unit Name Department Agency Budget 0700 Comm. Men. Health Services Mental Health Suicide Prevention $ 4,810 1400 Nursing (Disease Control) Public Health Aidswork 5,350 1900 Resource Programs Social Services Daycare Council 2,040 2400 Youth Service System Youth Bureau Learning Web 24,828 2400 Youth Service System Youth Bureau Daycare Council 9,482 2700 EOC N/A EOC 6.900 SUM $53,410 RESOLVED, further, That this action in no way affects the funding pool described in the City/County Agreement. SEQR ACTION: TYPE II -20 Recess Chairman Stein declared recess from 7:37 p.m. - 7:44 p.m. Report and Presentation of Resolution(s) from the Solid Waste and Recvcling Committee 221 July 2, 1996 Mr. Todd, Chairman, reported the next meeting will be July 10 at 10 a.m. Mr. Todd said the Recycling and Solid Waste Center has completely recovered from the recent fire. He called attention to the landscaping at the Facility, and said he put pictures on display in the Board Office. Mr. Proto asked when a report on the collection of recyclables would be available. Mr. Todd said this should be coming soon. He said the tonnages for both recyclables and the material that is hauled to the landfill out of the County are both up, and the prices of the recyclables have risen slightly, and there is some indication they may continue to rise. RESOLUTION NO. 181 - DIRECTING THE COLLECTION OF SOLID WASTE FEES ON TAX BILLS MOVED by Mr. Todd, seconded by Ms. Kiefer. Mr. Todd noted this will not cause any additional work for town clerks. A voice vote resulted as follows: Ayes - 13, Noes - 2 (Representatives Proto and Totman). RESOLUTION ADOPTED. WHEREAS, by Local Law No. 1 of 1993 the County established an Annual Solid Waste Fee on improved real property in Tompkins County, and WHEREAS, since the adoption of the local law the County has not collected the fee in conjunction with property taxes but has, instead, mailed out separate bills to collect the fee, and WHEREAS, the separate billing is an unnecessary expense to the County and an inconvenience to County residents, and WHEREAS, the New York State Legislature recently amended Section 1510 of the Real Property Tax Law to permit the legislative body of a county to adopt a resolution directing the collection of solid waste fees in the same manner and at the same time as property taxes are collected, now therefore be it RESOLVED, on recommendation of the Solid Waste and Recycling Committee, That the tax collectors are hereby directed to collect the annual solid waste fee in the same manner and at the same time as property taxes, beginning with the 1997 Annual Solid Waste Fee, RESOLVED, further, That notwithstanding the foregoing, the County will continue to collect solid waste fees from all non-taxable parcels in the same manner which it has collected such fees in previous years. SEQR ACTION: TYPE II -20 RESOLUTION NO. 182 - BUDGET ADJUSTMENTS SOLID WASTE DIVISION MOVED by Mr. Todd, seconded by Ms. Kiefer, and unanimously adopted by voice vote. RESOLVED, on recommendation of the Solid Waste and Recycling Committee, That the Director of Finance be directed to make the following budget adjustments on his books: SOLID WASTE (#125) REVENUE: CL0599.0000 Fund Balance $ 3,450 APPROPRIATION: CL8168.2206 Computer Equipment $ 3,450 SOLID WASTE (#128) REVENUE: CL0599.0000 Fund Balance $50,000 APPROPRIATION: CL8166.4442 Professional Services $50,000 SOLID WASTE (#138) REVENUE: CL0599.0000 Fund Balance $26,146 APPROPRIATION: CL8168.1525 Data Collector $20,916 CL8166.8800 Fringes $ 5,230 SEQR ACTION: TYPE 1I-20 222 July 2, 1996 Report and Presentation of Resolution(s) from the Transportation Services Committee Ms. Blanchard, Chair, reported the Committee has met twice, and most of the business is reflected on the agenda in the form of resolutions. The Committee discussed the construction policy the County has been using for work on construction projects. The Committee heard from Ward Hungerford, Highway Manager, on the amount of money the County has received to date for reimbursement for flood damage. The County is expecting to receive $162,836, and $32,000 has been received so far. RESOLUTION NO. 183 - CAPITAL PROGRAM REVISIONS - BIGGS A INTERIM MEASURES AND MENTAL HEALTH BUILDING ELEVATOR MOVED by Ms. Blanchard, seconded by Mrs. Livesay, and unanimously adopted by voice vote. WHEREAS, Resolution No. 77 of 1995 directed the discontinuance of expending time or money on renovation of the Biggs Building A, and WHEREAS, approximately $105,000 remains in Account No. HK1621 for interim repairs to Biggs Building A which may be required through 1997, and WHEREAS, the priority interim measures have been completed with no current plans for further work, now therefore be it RESOLVED, on recommendation of the Transportation Services and Facilities Committee and the Capital Program Committee, That the County Capital Program is amended to reduce Project 47-2, Biggs A Interim Improvements, by $80,800 and to increase Project 47-5, Mental Health Building Elevator, by the same amount and that the Finance Director is directed to reallocate $80,800 from Account No. HK1621, Biggs A Interim to Account No. HB1640, Mental Health Building Elevator. SEQR ACTION: TYPE II -20 RESOLUTION NO. 184 - AUTHORIZING LEASE AGREEMENT WITH AVIS AND HERTZ RENTAL CAR COMPANIES FOR LAND USE IN CONNECTION WITH A CAR WASH AND FUELING FACILITY - TOMPKINS COUNTY AIRPORT MOVED by Ms. Blanchard, seconded by Mr. Totman, and unanimously adopted by voice vote. WHEREAS, Avis and Hertz rental car companies wish to build a car wash with fuel dispenser at the Tompkins County Airport, and WHEREAS, the financing of said construction, equipment and paving requires costs to be amortized over a 20 -year period, and WHEREAS, Avis and Hertz have agreed to give ownership of said facility to the County at the end of the 20 -year lease period in return for an abatement of the ground rental for the lease period, and WHEREAS, said facility will greatly assist both companies to operate in a more efficient manner by limiting staff time and vehicle mileage currently used to go off airport for fuel and car washing, now therefore be it RESOLVED, on recommendation of the Transportation Services and Facilities Committee, That the County Administrator be and hereby is authorized to execute a 20 -year lease agreement with Avis and Hertz to allow for the construction of the car wash and fueling facility. SEQR ACTION: TYPE II -7 223 July 2, 1996 RESOLUTION NO. 185 - AUTHORIZATION TO PARTICIPATE IN A MEMORANDUM OF UNDERSTANDING WITH THE VILLAGE OF LANSING REGARDING HOW TO HANDLE PROPOSED CHANGES IN USE OF COUNTY -OWNED PROPERTY WITHIN THE VILLAGE OF LANSING (Postponed to July 16, 1996 and adopted) MOVED by Ms. Blanchard, seconded by Mr. Proto. It was MOVED by Ms. Kiefer, seconded by Mrs. Livesay, and unanimously adopted by voice vote, to postpone this resolution to the July 16, 1996, Board meeting for the purpose of allowing Ms. Kiefer an opportunity to discuss this with the Village of Lansing Board. RESOLUTION POSTPONED. WHEREAS, Tompkins County and the Village of Lansing desire to work cooperatively to deal with proposed changes in use of County -owned property within the Village of Lansing, and WHEREAS, a joint committee has drafted a Memorandum of Understanding that delineates who is responsible for what, provides for timely notification and efficient decision-making, and establishes a protocol to resolve any differences in interpretation and avoid litigation, now therefore be it RESOLVED, on recommendation of the Transportation Services and Facilities Committee, That the County Board of Representatives endorses the spirit of working together to our mutual benefit and authorizes the Chairman of the Board to sign the Memorandum of Understanding which is attached and made a part of this resolution on behalf of the County. SEQR ACTION: TYPE II -21 RESOLUTION NO. 186 - CHANGE ORDER NO. 1- MRB GROUP, P.C. - DOWNSTREAM FOREST HOME DRIVE OVER FALL CREEK BRIDGE REPLACEMENT DESIGN MOVED by Ms. Blanchard, seconded by Mrs. Livesay, and unanimously adopted by voice vote. WHEREAS, Resolution No. 334 of 1993 authorized an Agreement between Tompkins County and the MRB Group, P.C., (MRB) of Rochester for design services to replace the Forest Home Drive Bridge over Fall Creek (BIN 3047440), and WHEREAS, additional design services are required to economically address site specific conditions discovered during final design, now therefore be it RESOLVED, on recommendation of the Transportation Services and Facilities Committee, That the County Administrator is hereby authorized and directed to execute a change order in the amount of $16,200 to provide additional bridge design services. Funding shall be from Account No. D5110.4411. SEQR ACTION: TYPE II -20 RESOLUTION NO. 187 - COMMISSIONING THE NAME TCAT - TOMPKINS CONSOLIDATED AREA TRANSIT MOVED by Ms. Blanchard, seconded by Mrs. Schuler, and unanimously adopted by voice vote. WHEREAS, the City of Ithaca, Cornell University and Tompkins County are developing a single consolidated transit system to better serve the people of Tompkins County, and WHEREAS, the name "TCAT" was derived from a public contest which generated 1,553 entries, and was selected by a panel of four judges and by the Operations Committee of the Ithaca -Tompkins Transit Center, now therefore be it 224 July 2, 1996 RESOLVED, on recommendation of the Transportation Services and Facilities Committee, That the Board of Representatives adopts and commissions "TCAT" for Tompkins Consolidated Area Transit as the name of the consolidated transit system, and directs the new name be put into effect, RESOLVED, further, That the Board of Representatives decommissions the name "TOMTRAN" as the name of the County's public transit system, in use since 1981. SEQR ACTION: TYPE II -20 RESOLUTION NO. 188 - AWARD OF BID - USED MEDIUM TRANSIT BUSES - TCAT MOVED by Ms. Blanchard, seconded by Mr. Proto, and unanimously adopted by voice vote. WHEREAS, the Finance Department has duly advertised for bids for four (4) used 30 foot transit buses with wheelchair lifts for use by TCAT, and WHEREAS, one (1) bid was received and duly publicly opened and read on June 25, 1996, and WHEREAS, TCAT has made a cost analysis of the single bid and has field tested the buses, and the buses meet the bid's technical specifications, now therefore be it RESOLVED, on recommendation of the Transportation Services and Facilities Committee, That the bid for purchase of four (4) 1990 Stewart and Stevenson 30 foot Starship Gemini buses at a unit price of $78,300 for a total bid price of $313,200 be awarded to Avalon Lease Services of Springfield, Pennsylvania, RESOLVED, further, That TCAT be authorized to implement this bid on behalf of the County, funds being available in Account No. HA 5625.9239. SEQR ACTION: TYPE II -25 Report from the Planning, Community Development and Education Committee Mrs. Schuler, Chair, reported the next meeting will be July 9, and the Committee will begin discussing rural libraries. There will also be an update by Paul Bonaparte -Krogh, Executive Director of Cooperative Extension, on the Community Links program, and Barbara Blanchard will talk about Planning Advisory Board bylaws. She said the Library feasibility study and the waterfront project will also be discussed. Report from the Governmental Operations and Administration Committee Mr. Lane, Chairman, reported the Committee has not met since the last Board meeting. The next meeting will be July 8. At that meeting the Committee will be discussing follow-up items to the Code of Ethics. He said the Chairman of the Board will be invited to discuss the Consent Agenda. Report from the Human Services and Human Resources Committee Mrs. Livesay, Chair, reported the Committee has not met since the last Board meeting. The next meeting will be July 3 at noon. Report from the Public Safety Committee Mr. Meskill, Chairman, reported the Committee has not met since the last Board meeting. The next meeting will be July 8 at 1:30 p.m. He reported Bill Benjamin, Criminal Justice Coordinator, is working with the Criminal Justice Advisory/Alternatives to Incarceration Board. He also reported on the states of discussions relating to the E911 system. 225 July 2, 1996 Report from the Rural Affairs Committee Mr. Proto reported the meeting scheduled for July 8 has been canceled. He said the Committee is working on setting up the next public forum in Groton. Report from the Electronic Future Committee Mr. Evans, Chairman, reported the Committee will not meet on July 4. The next meeting will be July 18. He stated the he will be giving a progress report at the next Board meeting. Report from the Public Information Committee Mr. Joseph, Co -Chair, said the playback schedule for Channel 53 has been placed on the Board Room wall. The Committee has been discussing the next newsletter, which is to be distributed on August 29th. The Committee is soliciting articles; the deadline for submissions is July 26. Mr. Joseph said the Committee is proposing a public information forum on the proposed budget, for public dialogue, with a date and time to be announced. Report from Charter Review Committee Mr. Lane, Chairman, reported the Committee met a week ago, and discussed the structure of the County Administrator's role and his Department merging with Board functions. The Committee also discussed the positions of Sheriff and County Clerk. The next meeting will be July 23 at 3:15 p.m. Report from the Human Services Building Construction Committee Ms. Mink, Chair, reported the Committee met this morning. She said residents in the vicinity of the construction site will be given a notice that informs them of the upcoming work schedule. Copies of this notice were distributed to Board members at this time. The demolition and asbestos abatement has begun. Report from the Leadership Council Ms. Mink, Chair, reported the Council will meet on July 11. She said a recommendation came from the "meeting on meetings" that Board Committee chairs rise to give their reports. Adjournment On motion the meeting adjourned at 8:36 p.m. 226 July 16, 1996 Regular Meeting Public Hearings Chairman Stein called the first public hearing to order at 5:37 p.m. concerning Tompkins Cortland Community College Operating and Capital Budget - 1996-1997. Chairman Stein asked if anyone wished to speak. No one wished to speak and the public hearing was closed at 5:38 p.m. Chairman Stein called the second public hearing to order at 5:39 p.m. concerning proposed Local Law No. 4 of 1996 - Amendment of Tompkins County Charter and Code - Appointment of Medical Examiner. Chairman Stein asked if any one wished to speak. No one wished to speak and the public hearing was closed at 5:39 p.m. Pledge of Allegiance to the Flag and Roll Call of Members Members and guests participated in the Pledge of Allegiance to the Flag. Present: 14 Representatives; Excused: 1 (Representative Proto). Privilege of the Floor by Public Ken Packman, City of Ithaca resident and Member of the Human Rights Commission, spoke in opposition to the proposed resolution entitled Abolition and Creation of Positions - Human Rights. This resolution, added later in the meeting, authorizes reorganization of the Human Rights Department. He said the proposal is an awkward and unethical solution to a situation that has been handled poorly by County administration. He said during the past six months there has been extraordinary friction amongst staff in that office, and feels this is the motivation behind the proposed reorganization. Mr. Packman stated the reorganization has not been contemplated by the Human Rights Commission during the two years he has been a member, and said, he does not feel this would be in the best interest of Tompkins County. He feels this is not a reorganization of the Department, but rather an excuse to dismiss an employee, and will violate Section 75 of the Civil Service Law. It is his opinion that the County will be violating the law and will be legally responsible for this action. Nancy McKittrick, Trumansburg, also spoke in opposition to the proposed reorganization of the Human Rights Department. Ms. McKittrick said she has been involved with the Human Rights Commission both as a respondent and as a complainant. She said in both instances she was pleased with the approach used by Marnie Kirchgessner, Human Rights Investigator. She urged the Board to retain Ms. Kirchgessner and the position of Human Rights Investigator. Diann Samms, City of Ithaca resident, and former Human Rights Commissioner, spoke in support of the proposed reorganization of the Human Rights Commission. She said she sees this as a progressive step and a move forward. Mamie Kirchgessner, Town of Enfield resident, and Human Rights Investigator, submitted the following statement: "My name is Marnie Kirchgessner. I reside at 191 Enfield Main Road. For the past 7 years I have been employed as a Human Rights Investigator for Tompkins County. Tonight you will be asked to abolish that position and replace the title with that of a paralegal aide. The fact that this action is being asked of the Board 1 month after you created a 2nd position of the Human Rights Investigator should raise "red flags" about what you are being asked to do. County Administration is well aware of problems within the office of Human Rights. Since 2/96 I have sought 227 July 16, 1996 their assistance to resolve those concerns. Repeatedly, I asked for a mediator to resolve the conflict. It has always been my goal to work effectively with the new Director. The position of Investigator is essential if the work of the office is to continue. It makes no logical sense to state the work of the office is increasingly sophisticated and complex; then downgrade positions and lay off the two individuals who have over 7 years experience and expertise doing the work. Do not be fooled! The work of the office involves a legal process and this process has not changed. The Regional Director has authorized our office to draft Basis of Determinations. These are statements of fact that result from the investigation. Complaints need to be drafted in accordance with a state directed process. These complaints must meet legal criterion and comply with the State's Division's Rules of Practice. I have been doing these functions for over 7 years with a "success" rate that exceeds the Division average. The very rationale provided for abolishing my position actually argues for its continuation. Lastly, I am deeply troubled by the process that is occurring here. This Board has articulated a corporate commitment to Total Quality Management which is supposed to involve all employees as partners. The action before you has never appeared on any public agenda. I have never been given any forum to discuss my concerns. Local law curtails what I can say here. I have both State and Federal rights by the process being used here, I am being denied those rights. This Board has the authority to reorganize departments, but those reorganizations must be done in good faith; not to terminate an employee denying them their constitutional right to due process. Lastly, any alleged savings of the plan must be offset by hours I am being paid for not working; the payment of individuals serving in the position, terminal pay costs, unemployment benefits, and health insurance premiums which for a family is $388/per month for the next four years." Jenny Oltz, Ithaca resident, spoke in opposition to the proposed reorganization of the Human Rights Commission. She said she has contacted the Tompkins County Human Rights Department several times for problems which she felt violated her human rights. She said the staff was prompt and courteous and helped her solve the problems that she faced by giving her information and letting her know what her legal options were. She said the proposed reorganization has not had any opportunity for public input, and feels it is this Board's responsibility to determine the facts behind this action. Martin Kellogg, Village of Lansing, stated he has known Ms. Kirchgessner for approximately one year, and said she has handled everything he has seen in a very professional manner. Mary O'Brien, Lansing, spoke in opposition to the proposed reorganization of the Human Rights Commission. Ms. O'Brien said she met Ms. Kirchgessner approximately a year ago when she needed services of the Human Rights Department. Ms. O'Brien feels that Ms. Kirchgessner is an asset to the Human Rights Department, and should remain employed there. Leonardo Vargas Mendez, City of Ithaca resident and Human Rights Commissioner, spoke in support of the proposed reorganization of the Human Rights Commission. He said the plan fits the actual growth the Office is facing in terms of complaints. Mr. Vargas Mendez said the Office has become more responsive since Lauren Austin took over as the Director. Joyce Muchan, City of Ithaca resident and Human Rights Commissioner, spoke in support of the proposed reorganization of the Human Rights Department. Ms. Muchan said the Commission feels they would rather be more proactive than reactive because it is cheaper to prevent a problem rather than fix a problem in Human Rights. She said the action to reorganize is an extension of discussions that go back several years, to improve the delivery of services to the community. She said the plan is a culmination of 228 July 16, 1996 what the Commission has wanted since before the time they were interviewing for a new Director. Ms. Muchan said the Commission is not involved in personnel issues, nor should they be. Bob Skates, Town of Ithaca resident and Human Rights Commissioner, spoke in support of the proposed reorganization of the Human Rights Department. Mr. Skates stated this is a proactive step to better enhance the accessibility of the Office. He stated this reorganization is what the Commission has been looking at for some time, and was part of the criteria used when the search was underway for a new Director. Fran Spadafora, Newfield resident, Director of Ithaca Rape Crisis, and a Human Rights Commissioner, spoke in support of the proposed reorganization of the Human Rights Department. Ms. Spadafora said the staff of Ithaca Rape Crisis needs access to an office that can provide concrete information. Ms. Spadafora said since Lauren Austin has taken over as Director of the Office, it seems the direction of the Office has changed for the better. She said it is not the Commission's responsibility to become involved in personnel matters, and the support is for the reorganization plan to be able to respond to the human rights needs of all Tompkins County residents. Pat Pryor, City, of Ithaca resident and Human Rights Commissioner, spoke in support of the proposed reorganization of the Human Rights Department. She said her perspective of the issue reflects the discussions that have taken place in the three years she has served on the Commission. She said the present and past Commissioners have grappled with the question of how to improve services to the residents of Tompkins County, and feels this proposal will do that. Maria Iannoacome Coles, City of Ithaca resident, spoke in support of the resolution on the agenda entitled Requesting that the Negative Declaration on the Proposed Incinerator at the New York State College of Veterinary Medicine be Rescinded. Ms. Coles said she has spoken with many of her neighbors, and they are very concerned about what the incinerator may do to the environment and the health of Tompkins County residents. Ms. Coles said she feels the only way to answer some of the questions that have been raised would be to require a Full Environmental Impact Statement be done on the proposed project. Brian Eden, Citizens Environmental Coalition member, spoke in support of the resolution on the agenda entitled Requesting that the Negative Declaration on the Proposed Incinerator at the New York State College of Veterinary Medicine be Rescinded, and said the Coalition has had a long-standing interest in the issue of medical waste. He stated incinerators are the source of some of the very toxic air emissions, and very negative impacts on people. Mr. Eden said he feels it is very important that the County look at the questions people have raised, and also at available technologies that may be better suited for certain areas of the waste stream. Ruth Mahr, Forest Home Improvement Association, spoke in support of the resolution on the agenda entitled Requesting that the Negative Declaration on the Proposed Incinerator at the New York State College of Veterinary Medicine be Rescinded. She said this resolution would allow the kind of public participation she believes is necessary given the potential for a very significantimpact on the general welfare of the citizens of Tompkins County. Bruce Brittain, Town of Ithaca, spoke in support of the resolution on the agenda entitled Requesting that the Negative Declaration on the Proposed Incinerator at the New York State College of Veterinary Medicine be Rescinded. Mr. Brittain feels there was a major error in determining population within three kilometers of the proposed stack. He said this population figure was used to figure out which model to use, and a corrected figure would mean a different model and other aspects as well. He feels a Full Environmental Impact Statement is needed on this project. 229 July 16, 1996 Stan Seltzer, Town of Ithaca, spoke in support of the resolution on the agenda entitled Requesting that the Negative Declaration on the Proposed Incinerator at the New York State College of Veterinary Medicine be Rescinded. Mr. Seltzer said the interest and concern in this project is widespread; the interest and concern in this project are long-standing and most of the questions were raised at the meeting of the Town of Ithaca Planning Board in October, 1992; and this project has the potential for major environmental impact. He said there are too many unanswered questions, and urged the Board to support a Full Environmental Impact Statement. Becca Harber, Town of Ithaca, spoke in support of the resolution on the agenda entitled Requesting that the Negative Declaration on the Proposed Incinerator at the New York State College of Veterinary Medicine be Rescinded. She said she attended the public forum on the subject at Cornell University and the questions raised there justify a Full Environmental Assessment Statement be done for this project. Ruth Davis, Village of Cayuga Heights resident, spoke in support of the resolution on the agenda entitled Requesting that the Negative Declaration on the Proposed Incinerator at the New York State College of Veterinary Medicine be Rescinded. She said she also attended the public forum held at Cornell University on this issue and stressed this is not just a Cornell -Forest Home issue. Ms. Davis questioned the way the population density figure was obtained. She said she does not feel all of the students have been included in the figures. Ed Cope, Chairman of the Environmental Management Council, spoke in support of the resolution on the agenda entitled Requesting that the Negative Declaration on the Proposed Incinerator at the New York State College of Veterinary Medicine be Rescinded. Mr. Cope stated the proposed project impacts the entire County, and said it has health implications and environmental impacts. Jim Hisle, Lansing, Chairman of the Advisory Board on Tourism Development, spoke in opposition to the resolution on the agenda entitled Provision of Support for the Kitchen Theater through Room Occupancy Tax Funds. Mr. Hisle stated the Advisory Board has discussed this issue, and feels this will only extend the life of the theater for a very short time, and would not be a good way to spend tax dollars. Mr. Hisle distributed letters from Innkeepers Association members who ask that their money not be used in this matter. Mandi Snyder, Town of Ithaca resident, and Managing Director of the Kitchen Theater, spoke in support of the resolution on the agenda entitled Provision of Support for the Kitchen Theater through Room Occupancy Tax Funds. Ms. Snyder updated the Board on the status of the Theater reaching its goal to meet their current debt. She said the Theater has been doing a great deal of planning for next season and has received a lot of support. Ms. Snyder explained what efforts she is undertaking to improve operations and solve funding problems for the Kitchen Theater. Leslie Leonard, Member of the Innkeepers Association, and General Manager of La Tourelle Inn, spoke in opposition to the resolution on the agenda entitled Provision of Support for the Kitchen Theater through Room Occupancy Tax Funds. Ms. Leonard said she does not support County tax dollars being used to support the Kitchen Theater. Privilege of the Floor by Board Members Mr. Winch, District No. 8 Representative, reported the Newfield community had an Old Home Days celebration this past weekend, and said the Weights and Measures Department drove its vehicles in the Parade. Mr. Winch said he attended the June 24 meeting on the veterinary college incinerator. He said he supports public input, but is disturbed by comments that were said that evening and prior to this 230 July 16, 1996 evening. He said he feels those involved with the project have a sincere interest in looking into this project further and are committed to open discussion on the issue. Mr. Totman, District No. 9 Representative, reported the McLean Bicentennial celebration was held over the weekend and was a very successful event. Presentation of Resolution(s) Pertaining to Tompkins Cortland Community College RESOLUTION NO. 189 - ADOPTION OF 1996-97 OPERATING BUDGET - TOMPKINS CORTLAND COMMUNITY COLLEGE MOVED by Mr. Joseph, seconded by Mr. Totman. Mr. Carl Haynes, President, noted this is the first time the College has come to the Board requesting a budget containing a three percent decrease from the prior year. A short roll call vote resulted as follows: Ayes - 14, Noes - 0, Excused - 1 (Representative Proto). RESOLUTION ADOPTED. WHEREAS, a proposed operating budget for Tompkins Cortland Community College for the fiscal year September 1, 1996 through August 31, 1997 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 July 16, 1996, now therefore be it RESOLVED, on recommendation of the Planning, Community Development and Education and Budget and Fiscal Policy Committees, That said proposed 1996-97 operating budget in the amount of $14,082,827 of which the sponsoring communities contribution is in the amount of $2,843,212 be and the same hereby is approved, RESOLVED, further, That the Board of Representatives of Tompkins County includes in the 1996 Tompkins County Budget an amount to be determined pursuant to the approved plan for said College in effect as of September 1, 1996 and that the amount when determined be raised by taxation in the County of Tompkins in the fiscal year 1997, RESOLVED, further, That this resolution shall become effective upon adoption of a concurrent resolution by the Cortland County Legislature. SEQR ACTION: TYPE II -20 RESOLUTION NO. 190 - ADOPTION OF 1996-97 CAPITAL BUDGET - TOMPKINS CORTLAND COMMUNITY COLLEGE MOVED by Mr. Joseph, seconded by Mr. Winch. A short roll call vote resulted as follows: Ayes - 14, Noes - 0, Excused - 1 (Representative Proto). RESOLUTION ADOPTED. WHEREAS, the Board of Trustees of Tompkins Cortland Community College has presented to this Legislature a Tentative Capital Budget for fiscal year 1996-97, now therefore be it RESOLVED, on recommendation of the Planning, Community Development and Education and Budget and Fiscal Policy Committees, That said 1996-97 Capital Budget in the amount of $99,200 of which the sponsoring community contribution is in the amount of $0 be and the same hereby is approved and adopted, RESOLVED, further, That this resolution shall become effective upon adoption of a concurrent resolution by the Cortland County Legislature. SEQR ACTION: TYPE II -20 231 July 16, 1996 Presentation by the Electronic Future Committee Mr. Evans, Chairman, said the Committee has been meeting twice a month for the past year an a half, and has produced the report to be presented this evening. He introduced Eric Lerner, Member of the Committee. Mr. Lerner gave the Board the following presentation: TOMPHINS COUNTY'S ELECTRONIC FUTURE The primary objective of the Electronic Future Committee (EFC) is to develop a consolidated information infrastructure for Tompkins County, based on fiber-optic or other new high -bandwidth technologies. This will dramatically enhance the attractiveness of this region as a place to live, work, study, do business, visit and recreate --and thereby raise the standard of living and the quality of life for all in the region. This can be accomplished through collaboration and partnerships among local governments, colleges, school districts, not -for -profits, and current and future infrastructure and service providers. The primary purpose of the consolidated information infrastructure is to make affordable access to vital information resources possible for all citizens, governments, schools, businesses, and other entities in the region. Increasingly, Americans will be offered a wide menu of information services through multiple, competitive suppliers, including: • Telephone - local and long distance • Emergency services • Television - local and network • The Internet - including e-mail and the world wide web • New business services - e.g., video -conferencing • New entertainment services - e.g., interactive television or • Integrated multi -media services - simultaneous voice video, data and graphics New technologies can provide dramatically enhanced information services along with traditional entertainment offerings at lower costs than can now be achieved through separate telephone and cable television infrastructures. We can all pay less for much better service. Up-to-date information systems can be a major engine for local economic development. County- wide high-speed data transmission can make possible for even the smallest local businesses to reach international markets over the Internet. But we must act promptly. Private sector development of new communications infrastructure will inevitably focus first on the most profitable, densely populated urban areas. Unless the public sector takes the initiative locally, we risk being left behind as other regions enter first and fill newly created market niches. The EFC is exploring creating a not-for-profit entity as a neutral manager for the consolidated infrastructure to assure that services are available and affordable for all citizens, as well as schools, libraries, community centers, municipal governments, and other community organizations. The entity must be fully self -funding and efficient. Its charter must ensure that it acts in an impartial, unbiased manner to guarantee equal, nondiscriminatory access to its infrastructure for any qualified service provider or customer. It must serve equally the public, businesses, schools, universities, not -for -profits and municipal governments. We expect to present a proposal to appropriate decision making bodies to create a public/private entity to develop and manage the new consolidated infrastructure in partnership with one or more municipal governments and for-profit service providers. The precedents of other public-private 232 July 16, 1996 partnerships in the County (transportation, recycling) will inform our analyses. The earlier projects demonstrated the benefits of: • Use of municipal bonds to reduce interest costs • Grants to municipalities to support infrastructure development, • Private sector flexibility and efficiency By catalyzing the development and implementation of a modern, consolidated information infrastructure for Tompkins County, we can improve the quality of life and dramatically increase the attractiveness of the region for personal and economic development. With thoughtful planning and real collaboration, this vision can become real. Presentation of Resolution Pertaining to the Appointment of Medical Examiner RESOLUTION NO. 191 - ADOPTION OF LOCAL LAW NO. 4 OF 1996, AMENDMENT OF TOMPKINS COUNTY CHARTER AND CODE, APPOINTMENT OF MEDICAL EXAMINER MOVED by Mr. Evans, seconded by Ms. Kiefer. It was MOVED by Ms. Kiefer, seconded by Mr. Joseph, to add the following WHEREAS' to the resolution: WHEREAS, the Commissioner of Public Health has requested to have the power to appoint the County Medical Examiner and the Board of Representatives to relinquish such power, and WHEREAS, a public hearing was held on July 16, 1996, now therefore be it. It was MOVED by Mr. Lane, seconded by Mr. Evans, to amend the amendment by substituting the following wording in the first WHEREAS: WHEREAS, the Board of Representatives believes the Commissioner of Public Health should have authority to appoint the County Medical Examiner. Mr. Evans stated the proposal would give the Public Health Director, in consultation with the Board of Health, the authority to appoint the Medical Examiner. It was felt by some members that the Board of Representatives should remain the appointing authority in appointing the Medical Examiner, whose decisions may have legal ramifications to the County. A voice vote on the amendment to the amendment resulted as follows: Ayes - 12, Noes - 2 (Representatives Kiefer and Meskill); Excused - 1 (Representative Proto). MOTION CARRIED. A voice vote on the amendment as amended resulted as follows: Ayes - 14, Noes - 0, Excused - 1 (Representative Proto). AMENDMENT CARRIED. A roll call vote on the resolution as amended resulted as follows: Ayes - 8 (Representatives Blanchard, Davis, Evans, Joseph, Lane, Livesay, Mink, and Stein); Noes - 6 (Representatives Kiefer, Meskill, Schuler, Todd, Totman, and Winch); Excused - 1 (Representative Proto). RESOLUTION ADOPTED. WHEREAS, the Board of Representatives believes the Commissioner of Public Health should have authority to appoint the County Medical Examiner, and WHEREAS, a public hearing was held on July 16, 1996, now therefore be it RESOLVED, on recommendation of the Health and Environmental Quality and the Governmental Operations and Administration Committee, That Local Law No. 4 of 1996, Amendment of Tompkins County Charter and Code, Appointment of Medical Examiner, be and hereby is adopted, RESOLVED, further, That the Clerk of the Board shall publish the official newspaper of the 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. 233 SEQR ACTION: TYPE II - 20 July 16, 1996 Presentation of Resolution Pertaining to the Office of County Clerk RESOLUTION NO. 192 - AMENDMENT TO 1997 FISCAL TARGET FOR COUNTY CLERK MOVED by Mr. Lane, seconded by Ms. Kiefer. Mr. Lane noted this resolution was defeated in the Budget and Fiscal Policy Committee by a vote of four to two. Mr. Joseph said this resolution was not approved in the Budget and Fiscal Policy Committee for the purpose of maintaining consistency with other department budgets. He said it does raise some interesting and confusing issues about departments who have revenues coming in that are beyond their control, having those revenues included in their target. It also raises the issue of how often this occurs throughout the County, and the Committee felt this requires a broader look, and did not feel it would be too much of a hardship on the Department to do for one more year what they have been doing in the past. A roll call vote resulted as follows: Ayes - 8 (Representatives Blanchard, Evans, Kiefer, Lane, Livesay, Schuler, Stein, and Totman); Noes - 6 (Representatives Davis, Joseph, Meskill, Mink, Todd and Winch); Excused - 1 (Representative Proto). RESOLUTION ADOPTED. WHEREAS, County Clerk fees are subject to the same volatility as NYS Sales Tax, Interest Income, and Interest & Penalties on Real Property Tax, and WHEREAS, the revenues for these items with the exception of County Clerk fees have historically been budgeted as Unallocated Revenues, not belonging to any one County department, agency or budgeting unit, now therefore be it RESOLVED, on recommendation of the Governmental Operations and Administration Committee, That the 1997 Fiscal Target for Budgeting Unit #6300 County Clerk be adjusted to exclude 1996 Adopted dedicated revenues from County Clerk Fees, RESOLVED, further, That Unallocated Revenues be increased by the 1997 County Clerk Fees as proj ected. SEQR ACTION: TYPE II -20 Recess Chairman Stein declared recess from 7:40 p.m. to 7:50 p.m. Addition of Resolution to the Agenda It was MOVED by Mrs. Livesay, seconded by Ms. Kiefer, to add the resolution entitled Abolition and Creation of Positions - Human Rights, to the agenda. A voice vote resulted as follows: Ayes — 10; Noes - 4 (Representatives Evans, Todd, Totman, and Winch); Excused - 1 (Representative Proto). MOTION CARRIED. RESOLUTION NO. 193 - ABOLITION AND CREATION OF POSITIONS -- HUMAN RIGHTS (Amended by Res. No. 211 of 1996) MOVED by Mrs. Livesay, seconded by Ms. Davis. A lengthy discussion followed on this resolution. Mrs. Livesay stated this is the reorganization that has been discussed for several years, and she thinks this will effectively answer the budget concerns that have been raised, as well as provide services to the residents of Tompkins County. 234 July 16, 1996 Ms. Kiefer said the information presented on the reorganization sounds sensible; however, she is troubled by other information that makes her wonder whether existing employees will be given an opportunity to be trained to fill these positions. It was MOVED by Ms. Kiefer, seconded by Mr. Meskill, to amend the resolution by changing the effective date of July 15, 1996, to January 1, 1997. Mr. Totman stated he is opposed to this resolution. He feels the County Attorney should be consulted with further before action is taken on this resolution. A voice vote on the amendment resulted as follows: Ayes - 2 (Representatives Kiefer and Meskill), Noes - 12, Excused - 1 (Representative Proto). MOTION FAILED. Mr. Meskill stated he would like to support the reorganization of this department; however, based on the statement made by Mr. Packman under Privilege of the Floor by the Public, he cannot do so until he receives answers to questions raised. Mr. Evans stated he supports reorganization; however, he learned of this only recently and feels this needs further discussion. Ms. Kiefer said she recently learned of this and would also like more time to look into the issue. Ms. Davis stated she has been a Human Rights Commissioner since 1990, and said reorganization has been a topic of discussion for a very long time. She said the reorganization is not contingent upon personalities, it is about what is right for the Human Rights Commission, the Human Rights Department, and the residents of Tompkins County. She said a decision should not be tied to an individual, it should be based on the reorganization of the office. Mr. Winch said he did not expect to hear so many speakers under Privilege of the Floor. He said he can separate the issue from personalities; however, he said it is very bothersome to him to hear Human Rights Commissioners divided on their support. He said he may be able to support this at a later time. Mr. Lane stated the County needs to have a Human Rights Office that will react to cases promptly. Although reorganization can be difficult, if you believe in it, you must talk about the position, not the person in the position. A roll call vote on the resolution resulted as follows: Ayes - 8 (Representatives Blanchard, Davis, Joseph, Lane, Livesay, Mink, Schuler, and Stein); Noes - 6 (Representatives Evans, Kiefer, Meskill, Todd, Totman, and Winch); Excused - 1 (Representative Proto). RESOLUTION ADOPTED. It was noted a vote on the resolution is for or against the reorganization of this Department; it is not a vote for or against having a Human Rights Department. WHEREAS, the Human Rights Department has an increasing caseload due to a greater demand for services from the community, and WHEREAS, the Human Rights Commission and the Board of Representatives have been exploring over several years various staffing options in an attempt to maximize services with the limited funds available, and WHEREAS, it has been determined that with a realignment of positions and duties the Human Rights Department can better serve the community needs without increased staffing and additional monies, now therefore be it RESOLVED, on recommendation of the Human Services and Human Resources Committee, That the following positions be abolished effective July 16, 1996: .95 Secretary (10/671), labor grade J(10), competitive class .95 Human Rights Investigator (84/263), management labor grade M(84), competitive class 235 July 16, 1996 .95 Human Rights Investigator (84/263), management labor grade M(84), competitive class, temporary position effective July 2 - December 31, 1996 RESOLVED, further, That the following positions be created effective July 16, 1996: 2.00 Paralegal Aide (10/619), labor grade J(10), competitive class SEQR ACTION: TYPE 11-20 Presentation of Resolution Pertaining to the Kitchen Theater RESOLUTION NO. 194 - PROVISION OF SUPPORT FOR THE KITCHEN THEATER THROUGH ROOM OCCUPANCY TAX FUNDS MOVED by Ms. Mink, seconded by Mr. Meskill. Ms. Mink stated it is not pleasant to disregard the advice of advisory boards. In this case, this is a support for an organization which has restructured itself, which is a linchpin of the downtown cultural arts scene, and something she feels is worth investment of County tax dollars. She said they have a solid business plan and expectations for the future. Ms. Mink reminded the Board that Room Tax funds are County dollars. A voice vote resulted as follows: Ayes - 13, Noes - 1 (Representative Todd), Excused - 1 (Representative Proto). RESOLUTION ADOPTED. WHEREAS, Tompkins County has a Room Occupancy Tax for the purpose of tourism promotion and development, and WHEREAS, as part of the tourism initiative, Tompkins County has a Development Grants Program to help position organizations in the County to develop tourism -related activities, and WHEREAS, the Kitchen Theater has requested funds in order to meet its pressing financial needs of this Summer and expand its 1996-97 season, and WHEREAS, there are sufficient funds in the Room Occupancy Tax budget in order to meet this request, now therefore be it RESOLVED, on recommendation of the Economic Development Committee, That $10,000 in emergency funding for the Kitchen Theater be provided under the following conditions: a, That the Kitchen Theater complete a successful fundraising campaign for a minimum of $10,000. Tompkins County will provide $5,000 upon passage of this resolution, and $5,000 once the theater's fundraising threshold is met and confirmed by the Economic Development Committee. The County's contribution must be used for back payment and ongoing payments of rent to the Community Arts Partnership (CAP), and b. That the Kitchen Theater undertake negotiations with other theater and arts organizations in Tompkins County to determine areas where mutual savings can occur, as outlined in the attached, and c. That the Kitchen Theater report to the Advisory Board on Tourism Development (ABTD) and the Economic Development Committee in November with the results of its fundraising efforts and its negotiations with other arts organizations, and that these efforts shall not be abandoned after the debt is repaid, and d. That CAP continue to provide leadership to coordinate, consolidate and develop local cultural tourism assets in conjunction with the ABTD. RESOLVED, further, That the County Administrator or his designee be authorized to sign any contracts related to this matter, RESOLVED, further, That the Director of Finance be authorized to make the following transfers related to this expenditure. INCOME A599 Previous Year's Surplus $10,000 EXPENSES .4497 Tourist Attractions $10,000 236 SEQR ACTION: TYPE II -20 July 16, 1996 ATTACHMENT TO RESOLUTION NO. 194 OF 1996 In response to the discussions of the Economic Development Committee regarding the emergency funding request from the Kitchen Theater, Representative Mink met with Richard Driscoll from CAP and Mandi Snyder from the Kitchen Theater, and agreed on the following points: • A serious attempt to secure corporate sponsorship for every production of the Kitchen Theater, as well as the realistic likelihood of receiving new grants, other than corporate sponsors, in the current fiscal year. • The coordination of publicity and marketing efforts between the three downtown theater groups and other arts organizations that might have a connection to a particular production. This effort should result in a report that makes concrete suggestions on consolidation and cost-cutting, and it is to be reported to the Advisory Board on Tourism Development by January. • A coordinated promotion effort in conjunction with local bed and breakfasts and/or restaurants to market downtown theater group tickets as part of an entertainment package. The Kitchen Theater already has developed the groundwork for this type of marketing and could be implemented with the assistance of the bed and breakfasts, restaurants and the Convention and Visitor's Bureau without spending additional money. • Ensuring that a significant business presence is established on the Kitchen Theater Board of Directors, so that the operations of the Kitchen Theater are placed on a sound business footing. • Examples that the projected fundraising can and will occur, and raise the money indicated. It is imperative for the County that these fundraising efforts are not abandoned after the immediate crisis is resolved. It is apparent that the Economic Development Committee wishes to position this emergency request as a re -statement of its commitment to the Arts as an integral aspect of the County's economic and tourism development efforts. By linking the grant to the Kitchen Theater to the broader goal of strengthening the arts community through coordination and cooperation, it is possible that the Committee can make an important step in that direction. Presentation of Resolution(s) Pertaining to the Proposed Incinerator at the New York State College of Veterinary Medicine RESOLUTION NO. 195 - REQUESTING THAT THE NEGATIVE DECLARATION ON THE PROPOSED INCINERATOR AT THE NEW YORK STATE COLLEGE OF VETERINARY MEDICINE BE RESCINDED MOVED by Mr. Evans, seconded by Mrs. Livesay. Mr. Winch asked to abstain from voting on this resolution because the College of Veterinary Medicine is his former employer. Chairman Stein granted Mr. Winch permission to abstain. It was MOVED by Mr. Evans, seconded by Ms. Blanchard, to substitute the following resolution: RESOLUTION NO. -- IN SUPPORT OF THE TOWN OF ITHACA AND ITS REQUEST FOR ADDITIONAL ENVIRONMENTAL STUDIES ON THE PROPOSED INCINERATOR AT THE NEW YORK STATE COLLEGE OF VETERINARY MEDICINE 237 July 16, 1996 WHEREAS, the Town Board of the Town of Ithaca has passed the attached resolution requesting that the State University Construction Fund rescind the negative declaration and prepare an environmental impact statement on the proposal to build a regulated medical waste incinerator at the New York State College of Veterinary Medicine, and WHEREAS, representatives from the Town, as well as interested citizens, have addressed the Board of Representatives and requested support for the preparation of an environmental impact assessment, and WHEREAS, the potential impact of this facility extends beyond the Town of Ithaca, now therefore be it RESOLVED, That the Tompkins County Board of Representatives supports the Town of Ithaca and its request to the State University Construction Fund for rescission of the negative declaration and preparation of an environmental impact statement on the proposed incinerator project. There was discussion whether the Board should adopt its own resolution or endorse the Town of Ithaca's resolution. (The substitute resolution endorses the Town's recommendation; the original resolution contains a recommendation by the County). A roll call vote to substitute resulted as follows: Ayes - 4 (Representatives Blanchard, Lane, Meskill, and Mink); Noes - 9 (Representatives Davis, Evans, Joseph, Kiefer, Livesay, Schuler, Stein, Todd, and Totman); Abstention - 1 (Representative Winch); Excused - 1 (Representative Proto). MOTION FAILED. A roll call vote on the original resolution resulted as follows: Ayes - 9 (Representatives Davis, Evans, Joseph, Kiefer, Livesay, Schuler, Stein, Todd, and Totman); Noes - 4 (Representatives Blanchard, Lane, Meskill, and Mink); Abstention - 1 (Representative Winch); Excused - 1 (Representative Proto). RESOLUTION ADOPTED. WHEREAS, the State University Construction Fund (SUCF) proposes to build an incinerator for. regulated medical waste as well as pathological waste at the New York State College of Veterinary Medicine, and WHEREAS, a negative declaration of environmental significance was made by SUCF in 1993 after an Environmental Assessment Form ("EAF") was completed, and WHEREAS, no environmental impact statement was made, and WHEREAS, the EAF does not address many concerns of the community, including the availability of alternatives, and WHEREAS, the title of the project, as stated on the EAF, "Rehabilitation of Incinerator to Meet Codes" may have misled some people because the project involves the construction of a new incinerator and the incineration of plastics, and WHEREAS, the incineration of plastics poses potential risks to public health, and WHEREAS, circumstances have changedsignificantly since the Negative Declaration was adopted in 1993, including the development of new technologies, and WHEREAS, new information has become available since the Negative Declaration was adopted including new information on the health effects of dioxins, and WHEREAS, the project may involve the incineration of regulated medical waste from other sources, including at some future time, regulated medical waste from Cayuga Medical Center, and WHEREAS, the project has been significantly modified since the Negative Declaration was adopted, including a change in the size of the chimney, and WHEREAS, at a Cornell -sponsored meeting on June 24, 1996, the Dean of the Veterinary College indicated his willingness to take time for further review of this project, and WHEREAS, officials of Cornell University have acknowledged that public input is beneficial, and 238 July 16, 1996 WHEREAS, an environmental impact statement would allow for official public input and would address many concerns of the community, and WHEREAS, the Town of Ithaca on July 15, 1996, unanimously adopted Resolution No. 130 requesting that the Negative Declaration on the proposed incinerator at the New York State College of Veterinary Medicine be rescinded, now therefore be it RESOLVED, on recommendation of the Health and Environmental Quality Committee, That the Tompkins County Board of Representatives requests that the Negative Declaration be rescinded and that the project sponsor prepare an environmental impact statement. SEQR ACTION: TYPE II -20 Addition of Resolution(s) to the Agenda It was MOVED by Mr. Meskill, seconded by Mrs. Schuler, and unanimously adopted by voice vote by members present, to add the following resolution to the agenda: Authorization to Enter into an Agreement with the City of Ithaca to Jointly Accept an Award from the United States Bureau of Justice Assistance for Local law Enforcement Block Grant and Appropriation from the Contingent Fund - Criminal Justice Grants Administration Withdrawal of Resolution(s) from the Agenda Chairman Stein gave the appropriate committee chair permission to withdraw the following resolution from the agenda: Authorizing a Public Hearing on Proposed Local Law No. f of 1996 - Rescission of Local Law No. 2 of 1970, Local Law No. 4 of 1992, and Local Law No. 3 of 1994 - Establishing Standards of Conduct for Officers and Employees of the County of Tompkins Chairman's Report and Appointment(s) Chairman Stein had no report or appointments. Report from the County Administrator Mr. Heyman gave an update on the New York State Budget. He said three top priorities of NYSAC is service improvement project in Western New York State to get a waiver on a number of Social Service and Medicaid regulations for experimentation purposes; restoration of family and children service block grant funding; and pre -k special education reform. He reported these all failed. He said there is less impact on County government in this budget than in years past. Report from the County Attorney Mr. Theisen had no report. Report from the Finance Director Mr. Squires reported he has placed the Annual County Audit on file with the Clerk of the Board; this year it is an unqualified audit opinion, which is good. Approval of Resolution(s) Under the Consent Agenda 239 July 16, 1996 It was MOVED by Ms. Kiefer, seconded by Mr. Evans, and unanimously adopted by voice vote by members present, to approve the following resolutions under the Consent Agenda: RESOLUTION NO. 196 - CORRECTION OF TAX ROLL - CITY OF ITHACA (STATE OF NEW YORK) MOVED by Ms. Kiefer, seconded by Mr. Evans, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, this Board is informed that an error has been made in the 1996 Tax Roll for the City of Ithaca; namely parcel 58-3-8 was partially appropriated by the State of New York prior to the levy of the County tax, and WHEREAS, the lien of such tax cannot be enforced, now therefore be it RESOLVED, on recommendation of the Governmental Operations and Administration Committee, that the entry on the tax roll be expunged in accordance with Section 558 of Real Property Tax Law, RESOLVED, further, the amount of $1,126.25 be charged back to the County of Tompkins. SEQR ACTION: TYPE II -20 RESOLUTION NO. 197 - CORRECTION OF TAX MAPS - TOWN OF DRYDEN MOVED by Ms. Kiefer, seconded by Mr. Evans, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, this Board is informed that an error has been made in the 1992 thru 1995 Tax Map for the Town of Dryden; namely parcels 30-1-30.32 and 30-1-30.33 were reversed on the said Tax Maps, now therefore be it RESOLVED, on recommendation of the Governmental Operations and Administration Committee, That the entries on the Tax Maps be corrected, RESOLVED, further, That the Budget Office be directed to correct the delinquent tax accounts for the years 1992 through 1996. SEQR ACTION: TYPE II -20 RESOLUTION NO. 198 - CANCELLATION OF TAXES (TOWN OF ENFIELD ) MOVED by Ms. Kiefer, seconded by Mr. Evans, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, this Board is informed that the Town of Enfield acquired ownership of Parcel 16-2- 2.2, prior to the levy of 1995 school taxes, now therefore be it RESOLVED, on recommendation of the Governmental Operations and Administration Committee, That the unpaid taxes be canceled, RESOLVED, further, That the total tax for the parcel be expunged, RESOLVED, further, That the amount of $11.55 be charged back to the Ithaca City School District. SEQR ACTION: TYPE II -20 RESOLUTION NO. 199 - CORRECTION OF TAX ROLL - TOWN OF ITHACA (STATE OF NEW YORK) 240 July 16, 1996 MOVED by Ms. Kiefer, seconded by Mr. Evans, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, this Board is informed that an error has been made in the 1996 Tax Roll for the Town of Ithaca; namely parcel 31-2-11 was partially appropriated by the State of New York prior to the levy of the Town and County taxes, and WHEREAS, the lien of such tax cannot be enforced, now therefore be it RESOLVED, on recommendation of the Governmental Operations and Administration Committee, That the entry on the tax roll be expunged in accordance with Section 558 of Real Property Tax Law, and RESOLVED, further, That the amount of $45.61 be charged back; $14.74 to the County of Tompkins; $ 30.87 to the Town of Ithaca. SEQR ACTION; TYPE II - 20 Appointment(s) Approved Under the Consent Agenda It was MOVED by Ms. Kiefer, seconded by Mr. Evans, and unanimously adopted by voice vote by members present, to approve the following appointment(s) under the Consent Agenda: Southern Tier East Regional Planning Development Board James Schug - elected official representative for a term expiring December 31, 1998 James Hanson - County Planning Department representative for a term expiring December 31, 1998 Criminal Justice Advisory Advisory/Alternatives to Incarceration Board Jeffrey Ford - at -large representative for a term expiring December 31, 1996 Environmental Management Council Jules Burgevin - Village of Trumansburg representative for a term expiring December 31, 1997 Report from the Planning, Community Development and Education Committee Mrs. Schuler, Chair, reported the Committee met July 9, and had presentations from the rural libraries and from Paul Bonaparte Krogh, Executive Director of Cooperative Extension. She announced the next meeting on the waterfront project will be July 27 at the Youth Services Building. Mrs. Schuler distributed a status report on the Library Feasibility Study. She announced the Groton Public Library will be doing a lot of activities throughout the summer for all age groups. The next Committee meeting will be August 13 at Tompkins Cortland Community College. Report from the Solid Waste and Recvcling Committee Mr. Todd, Chairman, reported the Committee met July 10. He called attention to a communication he received from Richard Hayes, Manager of the facility that works for CRInc., of the damage that was done to the Recycling and Solid Waste Center because of the recent fire. The total damages amount was approximately $52,000 of which $32,000 was for cleaning the Facility. Mr. Todd reported prices of commodities are stable. A budget meeting will be held July 25. Mr. Evans asked to be kept posted on the status of leachate proposals at the Caswell Road Landfill. Report and Presentation of Resolution(s) from the Transportation Services and Facilities Committee 241 July 16, 1996 Ms. Blanchard, Chair, reported the Committee has not met since the last Board meeting. The next meeting will be July 17 at 8 a.m. RESOLUTION NO. 185 - AUTHORIZATION TO PARTICIPATE IN A MEMORANDUM OF UNDERSTANDING WITH THE VILLAGE OF LANSING REGARDING HOW TO HANDLE PROPOSED CHANGES IN USE OF COUNTY -OWNED PROPERTY WITHIN THE VILLAGE OF LANSING It was MOVED by Ms. Blanchard, seconded by Mr. Totman, and unanimously adopted by voice vote by members present, to lift Resolution No. 185 from the Table. It was MOVED by Ms. Blanchard, seconded by Mrs. Schuler, to delete the following sentence under the heading If Protocol Fails: "If either the County or the Village finds the opinion given by the Zoning Interpretation Panel unacceptable, written notification to the other party that the opinion is unacceptable constitutes the action necessary for pursuing legal remedies". Ms. Blanchard said she is proposing to delete this at the advice of the County Attorney. Ms. Kiefer stated the proposed sentence to be deleted was arrived at during her meeting with Donald Hartill, Mayor of the Village of Lansing. She it was the sense of what the representatives from both the County and the Village felt was important to include. She said the County Attorney received a copy of the final version. Ms. Blanchard stated she sent Mayor Hartill an electronic message today to tell him of her intentions at this meeting, and asked him to notify her before this Board meeting if there was a problem. She said both County and Village attorneys have asked that this language not be included in the Memorandum of Understanding. The question was called. A voice vote on calling the question resulted as follows: Ayes - 14, Noes — 0, Excused - 1 (Representative Proto). THE QUESTION WAS CALLED. A voice vote on the amendment resulted as follows: Ayes - 13, Noes - 1 (Representative Kiefer), Excused - 1 (Representative Proto). AMENDMENT CARRIED. It was MOVED by Mrs. Schuler, seconded by Mr. Meskill, to amend the second sentence in the Preamble by deleting the wording "As part of the May, 1996 Landing Restaurant agreement..." to read "As part of a May, 1996 agreement..." A voice vote on the amendment resulted as follows: Ayes - 13, Noes - 1 (Representative Kiefer), Excused - 1 (Representative Proto). AMENDMENT CARRIED. A voice vote on the resolution as amended resulted as follows: Ayes - 14, Noes - 0, Excused -1 (Representative Proto). RESOLUTION ADOPTED. WHEREAS, Tompkins County and the Village of Lansing desire to work cooperatively to deal with proposed changes in use of County -owned property within the Village of Lansing, and WHEREAS, a joint committee has drafted a Memorandum of Understanding that delineates who is responsible for what, provides for timely notification and efficient decision-making, and establishes a protocol to resolve any differences in interpretation and avoid litigation, now therefore be it RESOLVED, on recommendation of the Transportation Services and Facilities Committee, That the County Board of Representatives endorses the spirit of working together to our mutual benefit and authorizes the Chairman of the Board to sign the Memorandum of Understanding which is attached and made a part of this resolution on behalf of the County. SEQR ACTION: TYPE II -21 242 July 16, 1996 Attachment to Resolution No. 185 of 1996 MEMORANDUM of UNDERSTANDING between the VILLAGE OF LANSING and TOMPKINS COUNTY setting forth their agreement on the applicability of the Village of Lansing Zoning Law and Sign Law to proposed changes in the use of County -owned property in the Village of Lansing, including building permit issuance and enforcement of the New York State Uniform Fire Prevention and Building Code. Preamble The County and the Village would like to create a spirit of working together to our mutual benefit. As part of a May 1996 agreement, it became clear that the Village of Lansing and Tompkins County would both be better served by working cooperatively (1) to clarify how the requirements of the Village Zoning Law and Sign Law shall apply to proposed changes in the use of County -owned property in the Village of Lansing, (2) to establish which municipal body is responsible for what and when, and (3) to create a protocol to follow that provides timely notification and efficient decision-making and establishes a mechanism to resolve any differences of interpretation and avoid litigation. It is in this spirit of working together that we agree to the following. Agreement • Notification of proposed changes in use and determination of applicability of Village Laws When the County receives a request for change in use in County -owned property located in the Village of Lansing or if the County itself decides to make a change in use in County -owned property located in the Village of Lansing, the County will notify the Village of Lansing of the proposed change(s) within five business days. The County will also at the same time indicate its opinion whether or not the Village Zoning Law applies and why, or whether it is a "gray area" that requires consultation. The Village will make its own determination within ten business days whether under its Zoning Law there is cause to apply the Village Zoning Law to this proposal, and will so notify the County. It is understood that any reference in this document to the Village Zoning Law also includes the Village Sign Law. It is understood that whenever "notification" is mentioned, this means notification in writing to the municipal clerk, who shall acknowledge receipt thereof in writing delivered to the other municipal clerk. It is understood the Village Zoning Law does not apply to normal County -government - related functions. In such cases the notification of the proposed change(s) will be given anyway as a courtesy to the Village and will not affect the County's process in any way. • Protocol to resolve differences of interpretation Step 1: Notification by the County that a conflict exists The County will notify the Village within five business days after receipt of the Village's determination if it disagrees with the Village as to the applicability of the Village Zoning Law for the proposed change of use. Failure to notify the Village within five business days will constitute agreement with the Village. 243 July 16, 1996 Step 2: Within five business days after Village receipt of the County's notice of disagreement, a meeting shall be held by the County Board Chairman and the Village Mayor or their designees, together with at least one additional representative from each municipality, to explore immediate resolution of the difference(s). If no resolution is achieved, the following procedures will apply. Step 3: Formation of Zoning Interpretation Panel (ZIP) A three-member Zoning Interpretation Panel will be convened within five business days after the County and the Village determine that there is a disagreement that remains unresolved. One member will be chosen by the Village within two working days after notification to the Village Clerk by the County that the disagreement remains unresolved. The County will similarly select one member and the two panel members will select a third member to act as chair from a list jointly created and maintained by the Village and the County. If the two panel members cannot agree, the third member will be drawn at random from the list. Step 4: Operation of the Zoning Interpretation Panel The Panel will study all relevant zoning aspects of the proposed use change and render an opinion as to the applicability of the Village Zoning Law within 30 calendar days of being convened. If more time is needed for obtaining additional data or further study, this 30 -day period can be extended for an additional 15 calendar days. It is expected that such an extension would be an exceptional case and that the Panel would render its opinion as soon as possible to avoid unnecessary delay. • Mechanism to assure compliance with the Village Zoning Law and Sign Law and the New York State Fire and Building Code The mechanism that assures Village Zoning Law compliance is the following: The Village recognizes the County's authority to enforce the New York State Fire Prevention and Building Code for all County -owned property in the Village. (a) When a building permit is required. If there is a positive determination that the Village Zoning Law and/or Sign Law applies the County agrees not to issue a building permit until it receives from the Village written confirmation that compliance with the Village law(s) has been achieved. This confirmation will be signed by the Mayor subject to the concurrence of the Village Zoning Officer and the Village Planning Board in those cases requiring its review. It is expected that the Village will carry out this review with all due speed. (b) When no building permit is required. It is recognized that if a proposed change in use does not involve a building permit but is determined to be subject to the Village Zoning and Sign Laws, then the County will not go forward with the proposed change without written concurrence as described in (a) above. • If Protocol Fails (other remedies) This protocol shall not have any effect on the time limits otherwise provided by law for an Article 78 proceeding or other action. This protocol has no effect on any other remedy available to any party. • Review of Memorandum of Understanding 244 July 16, 1996 In the interest of continued cooperation, this Memorandum of Understanding shall be revisited m two years to evaluate its success and allow for fine-tuning, with the hope that it will have worked effectively - • Effective Date This Memorandum of Understanding shall be signed by the Mayor on behalf of the Village and the Chairman of the Board of Representatives on behalf of Tompkins County and shall become effective upon adoption by both legislative bodies. Mayor, Village of Lansing Chairman, Tompkins County Board of Representatives Date Date Report from the Health and Environmental Quality Committee Mr. Evans, Chairman, reported the Committee has not met since the last Board meeting. The next meeting will be July 25 at 9:30 a.m. He reported a committee of the Board of Health has approved changes to Article 6 of the Sanitary Code. Report and Presentation of Resolution(s) from the Budget and Fiscal Policy Committee Mr. Joseph, Chairman, reported the Committee meeting of July 23 has been canceled. Mr. Joseph requested an executive session to discuss lease contract negotiations. He said the County had received a notice from NYSAC stating the County would not be receiving funding for pre -k handicapped children's education. At the direction of the Committee, he contacted Senators Kuhl and Seward and Assemblyman Luster, and said Senator Seward has informed him the State is appropriating $400 Million to this fund. RESOLUTION NO. 200 - BUDGET ADJUSTMENTS AND APPROPRIATION FROM CONTINGENT FUND - VARIOUS DEPARTMENTS MOVED by Mr. Joseph, seconded by Mr. Evans. Mrs. Schuler referred to appropriation no. 163, and stated she would like to see a breakdown of the services this individual is receiving, and how the dollar amount is arrived at. Mr. Meskill asked to see a breakdown of how much the State bills the County and how much is owed by the State to the County. Mr. Squires will present this information to the Budget and Fiscal Policy Committee. A short roll call vote resulted as follows: Ayes - 14, Noes - 0, Excused - 1 (Representative Proto). RESOLUTION ADOPTED. RESOLVED, on recommendation of the Human Services and Human Resources, Health and Environmental Quality, Public Safety Committee, and Budget and Fiscal Policy Committees, That the Director of Finance be directed to make the following budget adjustments and appropriation to his books: HUMAN SERVICES AND HUMAN RESOURCES Office for the Aging (#179) REVENUE: A6787.2705 Gifts and Donations $750 APPROPRIATION: A6787.2219 PERS Units $750 HEALTH AND ENVIRONMENTAL QUALITY Mental Health (#163) REVENUE: A1990.4950 Mandate Contingency $100,000 245 APPROPRIATION: A4390.4400 July 16, 1996 Psychiatric Expense $100,000 PUBLIC SAFETY Sheriff (#222) REVENUE: A3110.2705 Gifts and Donations $15,000 A3110.2665 Sale of Equipment 2,718 APPROPRIATION: A3110.2131 Vehicles $17,718 SEQR ACTION: TYPE II -20 Report from the Governmental Operations and Administration Committee Mr. Lane, Chairman, reported the Committee met July 8 and had a tour of the Administration and County Attorney Departments. He said the Committee met with Dominick Cafferillo, City Controller, and discussed what the City feels is a need for revaluation Countywide. Mr. Cafferillo feels taxes, especially school taxes in the City, are rising faster because of inequity in equalization rates. Mr. Lane said Steve Whicher, Director of Assessment, will come forth with a recommendation in August about Countywide reevaluation. The Committee also discussed a problem that has arisen from time -to -time in the City of Ithaca with properties where the City has not foreclosed and the County has. This results in difficulty with the property. The County will work with the City to see how to best resolve these problem properties. The Committee also heard from Dean Eckstrom, Data Processing Director, about the computer modernization capital project. The Committee discussed whether it would be better to borrow or pay cash for computers. A special . meeting will be held on July 22 at 3 p.m. to finish up discussion on the proposed Ethics Law. Report from the Human Services and Human Resources Committee Mrs. Livesay, Chair, reported the Committee met July 3. She said a report was presented at that meeting by Nancy Zahler, Youth Bureau Director, concerning children and youth in Ithaca. The next meeting will be August 7 at noon. Mr. Totman asked for a breakdown of the costs of preparing the report. Report and Presentation of Resolution(s) from the Public Safety Committee Mr. Meskill, Chairman, reported the August 12 meeting has been rescheduled to August 20 at 3 p.m. Mr. Meskill noted the Trumansburg Home Telephone Company has cooperated with every request the County has made in relationship to E911. He said that Company has made it their goal to ensure that some form of 911 service is provided to the residents of Tompkins County. RESOLUTION NO. 201 - AUTHORIZATION TO ENTER INTO AN AGREEMENT WITH THE CITY OF ITHACA TO JOINTLY ACCEPT AN AWARD FROM THE UNITED STATES BUREAU OF JUSTICE ASSISTANCE FOR A LOCAL LAW ENFORCEMENT BLOCK GRANT AND APPROPRIATION FROM CONTINGENT FUND - CRIMINAL JUSTICE GRANTS ADMINISTRATION MOVED by Mr. Meskill, seconded by Mrs. Schuler, and unanimously adopted by voice vote by members present. WHEREAS, Tompkins County and the City of Ithaca are eligible for United States Department of Justice, Bureau of Justice (BJA) Local Law Enforcement Block Grants, and 246 July 16, 1996 WHEREAS, such funding is contingent upon a local match of 10 percent of the proceeds of the Grant amount, and WHEREAS, the County and City of Ithaca mutually agree that substance abuse arrests and admissions to the County Jail continue to escalate, and WHEREAS, said funding can and will be used to create a Treatment Court Case Manager position to explicitly carry out the goal of expediting defendant assessment, referral and follow-up for treatment using existing and available community resources, now therefore be it RESOLVED, on recommendation of the Public Safety and Budget and Fiscal Policy Committees, That contingent upon receipt of the Federal award, the County Administrator be authorized and directed to enter into agreements with the Federal Government and City of Ithaca for said funding, RESOLVED, further, That the following budget appropriation and adjustment be made by the Director of Finance: FROM: A1990.4400 Contingent Fund $1,999 TO: A3990.4400 Program Expense $1,999 Criminal Justice Grants Administration BUDGET ADJUSTMENT: APPROPRIATION: A3990.4400 Program Expense $36,865 REVENUE: A3990.4000 Federal Aid $17,995 A3990.2770 Unclassified Revenue 18,870 SEQR ACTION: TYPE II -20 Report from the Electronic Future Committee Mr. Evans, Chairman, reported the Committee will meet July 18 at 3 p.m. Report from the Public Information Committee Mr. Joseph, Co -Chair, had no report. Report from the Charter Review Committee Mr. Lane, Chairman, reported the next meeting will be July 23 at 3 p.m. Report from the Economic Development Committee Ms. Mink, Chair, reported the Committee will meet July 30 at 10 a.m., and will conduct budget reviews at that time. Report from the Human Services Building Construction Committee Ms. Mink Chair, reported the next meeting will be July 18 at 9 a.m. Report from the Leadership Council. Ms. Mink, Chair, reported the Council met last Thursday and devoted a large portion of the meeting to the middle managers group, and discussion on having a facilitator for contract negotiations next year in order to reach a mutual gains type of agreement. Report from the Rural Affairs Committee 247 July 16, 1996 Mr. Lane, Member, reported the Committee met July 15. He reported the Committee is looking at two elements of a proposed economic development plan relating to how to coordinate small business development in Tompkins County. Mr. Lane said Joan Jurkowich of the Planning Department attended the meeting and discussed the commercial center revitalization program, which is basically a County grant program to help other commercial centers throughout the County to do improvements. A public forum has been set for July 29 at 7:30 p.m. at the Groton Town Hall. Approval of Minutes of June 18, 1996 and July 2, 1996 It was MOVED by Mr. Evans, seconded by Ms. Kiefer, to approve the minutes of June 18 and July 2, 1996 with the amendments submitted by Representative Kiefer. A voice vote resulted as follows: Ayes - 12, Noes - 2 (Representatives Mink and Meskill), Excused - 1 (Representative Proto). MINUTES APPROVED. Executive Session It was MOVED by Mr. Winch, seconded by Mr. Evans, and unanimously adopted by voice vote by members present, to enter into an executive session at 9:37 p.m. to discuss lease contract negotiations. The meeting returned to open session at 9:50 p.m. Adi ournment On motion the meeting adjourned at 9:50 p.m. 248 August 6, 1996 Regular Meeting Called to Order Chairman Stein called the meeting to order at 5:30 p.m. Pledge of Allegiance to the Flag and Roll Call of Members Members and guests participated in the Pledge of Allegiance to the Flag. Present: 15 Representatives. Privilege of the Floor by the Public Yvonne Bartlett, Interlaken, and Department of Social Services employee, spoke about her alleged multiple chemical sensitivity illness. She said she received a letter from Mary Pat Dolan, Department of Social Services Commissioner, intending to terminate her employment pursuant to Civil Service Law on August 10. The problem she stated she is having is that her health insurance will no longer be in effect at the end of the month. Her health insurance and worker's compensation has not been paying, however, she is able to use her prescription card. She said the medication she takes is extremely expensive and cannot afford it. She has also changed her health insurance coverage from family to individual. She said since 1992 she has returned to work on several occasions but continues to be exposed to NCR forms. She referred to a book by the U.S. Department of Health and Human Services entitled "Multiple Chemical Sensitivity: A Scientific Overview" and said the book was free for the asking. Barbara Mahoney, Ithaca, and former Department of Social Services employee, also spoke about her alleged multiple chemical sensitivity illness. She said she has contacted several Clinical Ecologists who specialize in this illness have stated they are not interested in Blue Cross policies that do not pay anything and most of the doctors also do not deal with worker's compensation. She said she has tried to return to work twice to maintain her health insurance only to become more ill. She read a passage from a book called "Chemical Exposures Low -Leveled and High Stakes". She asked how much the lawyers representing the County are being paid and why she cannot get her worker's compensation. Privilege of the Floor by Board Members Mr. Lane, District No. 14 Representative, spoke about a memorandum distributed to committee chairs concerning the consent agenda. He said he will be asking the Board to suspend the Rules of the Board and request committees to designate approved resolutions either to appear on the Board agenda as a consent or regular agenda item beginning with the August 20 agenda. Mr. Proto, District No. 7 Representative, reported that the local government records service has distributed $4 Million to 500 local government entities such as fire departments, villages and towns. He said $300,000 was received in Tompkins County. He encouraged all local entities to apply. The deadline is February 1. Ms. Davis, District No. 2 Representative, announced it was "National Night Out". Addition of Resolution(s) to the Agenda 249 August 6, 1996 It was MOVED by Mr. Proto, seconded by Mr. Lane, and unanimously adopted by voice vote, to add to the agenda the resolution entitled In Support of Requests from the Town of Groton and Town of Dryden for a Traffic Signal. It was MOVED by Ms. Mink, seconded by Mr. Meskill, and unanimously adopted by voice vote, to add to the agenda the resolution entitled Approval of Funding for the Trumansburg Fair. Withdrawal of Resolution(s) from the Agenda There were no resolutions to be withdrawn from the agenda. Chair's Report and Appointments Mr. Stein announced Ms. Kiefer and Mr. Meskill are celebrating birthday's this month. He said the County will be undertaking negotiations with the Corrections Officers who have just formed a new union. He appointed the following members: County Administrator, Scott Heyman; Personnel Commissioner, Anita Fitzpatrick; and Representatives Livesay and Meskill. In addition, he brought to the Board's attention that he received a formal purchase offer for a piece of land the County owns. It is the same parcel the Wal-Mart representatives pursued. The adjacent property owner is the interested party in purchasing the property. The following members were appointed to a special committee: Representatives Lane, Meskill, Proto and Stein, and County Administrator, Scott Heyman. The special committee will review the purchase offer and come back to the Board for guidance on how to proceed. Ms. Kiefer reminded Mr. Stein of the land policy the County adopted. She said the Planning Department will also have to be involved in the review process. Mr. Todd also reported that that was a residual piece of property that was connected to the purchase of the site for the Recycling and Solid Waste Center and paid for with solid waste funds. Mr. Heyman said about 90 percent of the property was purchased with borrowed solid waste funds and would have to be used either to pay debt service or prepay some principles. It was stated that all these issues will be reviewed and discussed. Mr. Stein said he would like to have an executive session to discuss a legal issue. Report from the County Administrator Mr. Heyman reported on the meeting he attended with the County Administrators State-wide. He learned more about the State budget and asked County department heads to submit in writing the impacts the budget will have on their department. He feels the impact on Tompkins County from Welfare Reform will be enormous. Mrs. Livesay indicated there will also be community impacts as well. Report from the County Attorney Mr. Theisen reported on the case concerning the mental institution $500 per day paid by Tompkins County. He said the court has changed the status to a civil status and the County will no longer have to pay. Ms. Kiefer asked the status of the worker's compensation cases. Mr. Theisen said court has adjourned for three to four months because the claimants' attorneys did not appear at the hearing. Report from the Director of Finance 250 August 6, 1996 Mr. Squires distributed to the Board information about sales tax and property tax. Next week payments to the towns will be distributed for the second quarter in 1996. There is an increase in County revenues contributed from positive prior period adjustments. The towns income being distributed next week is little higher than last year, but still slightly below last year's year-to-date totals. The property tax enforcement procedure season is beginning with listing delinquent taxpayers. Cable access and newspapers will be listing said information. To begin the process of foreclosing properties, title searches are required. Board members were provided with a list of all properties that could be closed in 1996. He said the properties involve two years (1993 and 1995) of delinquent taxes. 1993 includes 134 parcels and are being processed under the old enforcement procedures subject to foreclosure after four years of delinquency. 1995 includes 125 parcels and are being enforced under the new tax enforcement regulations subject to foreclosure after two years of delinquency. The 1995 properties are commercial and vacant land class types. There is $1.1 Million in outstanding taxes. Several large property owners have challenged their assessments for 1996: Kendall, Holiday Inn and Wegman's. He reported on a meeting of the Ithaca Town Board. The Town voted to negotiate with the County to acquire two parcels on Five Mile Drive for the holding of parkland. These properties were foreclosed by the County several years ago. Ms. Blanchard said she has had requests for adjustments in taxes for the West End businesses from the construction on the Octopus. Mr. Squires said it is difficult to adjust taxes because it is a transitional circumstance. Mr. Lane asked if a report could be given in the future concerning the room tax collections. Mr. Stein suggested a report be given at the next meeting. Approval of Appointments Under the Consent Agenda It was MOVED by Mr. Evans, seconded by Mr. Todd, and unanimously adopted by voice vote, to approve the following appointments under the consent agenda: Environmental Management Council Melissa Carey - youth at -large representative for a term expiring December 31, 1997 Fish and Wildlife Management Board Richard Hayes - Sportsmen's representative for a term expiring December 31, 1997 Advisory Board on Tourism Development Linda Tsang - arts/cultural representative for a term expiring December 31, 1996 Carol Sisler - arts/cultural representative for a term expiring December 31, 1996 Mrs. Schuler announced that there are six vacancies on the Environmental Management Council. Withdrawal of Resolution(s) Not Requiring Board Action Chairman Stein gave the appropriate committee chair(s) permission to withdraw the following resolutions from the agenda with final committee action being affirmed: CA019-96 — Authorizing a Contract with the Soil and Water Conservation District for the District's portion of the Grant Award from Section 319 of the Clean Water Act for Six Mile Creek Watershed. CA020-96 - Budget Adjustments - Various Departments Report and Presentation of Resolution(s) from the Health and Environmental Quality Committee 251 August 6, 1996 Mr. Evans, Chairman, said the committee met July 25 and authorized the change in title for the Certified Home Health Agency to Home Health Care. The new logo was presented. There was also a presentation by the WIC Program. He said the committee passed a resolution in support of funding for Hospicare. The resolution will be presented to the Budget and Fiscal Policy Committee at its next meeting. He announced there will be a special meeting August 8 to hear a report on the Flood Mitigation plan. The next regular meeting is August 22 at 9:30 a.m. At that meeting, scanner accuracy will be discussed. RESOLUTION NO. 202 - AUTHORIZATION TO CHANGE NAME OF TOMPKINS COUNTY CERTIFIED HOME HEALTH AGENCY TO TOMPKINS COUNTY HOME HEALTH CARE MOVED by Mr. Evans, seconded by Ms. Kiefer, and unanimously adopted by voice vote. Mr. Evans said the significance of this is to make the agency more visible in the community. He also noted that there are only two certified home health agencies in the County. WHEREAS, the Tompkins County Health Department Certified Home Health Agency requests to change their name to Tompkins County Home Health Care, and WHEREAS, the current name is long and cumbersome and does not assist either the patient or the physician in name recognition, and WHEREAS, many of the public and our patients are confused by the "certified" name, all home care agencies providing skilled nursing services paid through Medicare and Medicaid must be certified, thus our current name does not distinguish us from other agencies, and WHEREAS, the new name, Tompkins County Home Health Care, more accurately and appropriately defines our overall services to the patients, general public and health care providers, and WHEREAS, all of our nurses, support staff, therapists as well as administrators participated in the selection of a new name, and WHEREAS, the new name was approved by the Professional Advisory Committee and the Board of Health, now therefore be it RESOLVED, on recommendation of the Health and Environmental Quality Committee, That the Health Department is authorized to seek New York State Department of Health approval to change the name of their home care services program from Tompkins County Health Department Certified Home Health Agency to Tompkins County Home Health Care. SEQR ACTION: TYPE II -20 RESOLUTION NO. 203 - CREATION AND ABOLITION OF POSITIONS - HEALTH DEPARTMENT MOVED by Mr. Evans, seconded by Ms. Davis, and unanimously adopted by voice vote. WHEREAS, due to changes in caseloads and in health care funding there is a need to adjust Health Department staffing to improve our responsiveness to the public health needs of families and communities, and WHEREAS, nursing teams will now be consolidated to allow nurses the flexibility to work among several programs, now therefore be it RESOLVED, on recommendation of the Health and Environmental Quality Committee, That one (1) position of Supervising County Clinical Nurse (17/704), labor grade Q(17), competitive class be abolished effective August 11, 1996, RESOLVED, further, That one (1) position of Team Leader (16/656), labor grade P(16), competitive class be created effective August 11, 1996. SEQR ACTION: TYPE II -20 252 August 6, 1996 RESOLUTION NO. 204 - AUTHORIZING A CONTRACT WITH THE CITY OF ITHACA TO EXECUTE THE CITY'S PORTION OF THE GRANT AWARD FROM SECTION 319 OF THE CLEAN WATER ACT FOR SIX MILE CREEK WATERSHED MOVED by Mr. Evans, seconded by Ms. Kiefer. Following a brief discussion, a voice vote resulted as follows: Ayes - 15, Noes - 0. RESOLUTION ADOPTED. WHEREAS, the Water Quality Strategy Steering Committee has secured a 319 grant award in the amount of $100,000 for non -point source water quality improvements for the Six Mile Creek Watershed, and WHEREAS, the City of Ithaca along with the Soil and Water Conservation District participated with the Water Quality Strategy Steering Committee in securing this grant, and WHEREAS, the City of Ithaca will concentrate its activities in this grant in and around the City reservoir area, now therefore be it RESOLVED, on recommendation of the Health and Environmental Quality Committee, That the County Administrator and/or designee is authorized to enter into a contract in the amount of $65,000 matched by City funds and/or in-kind contribution and memorandum of understanding with the City of Ithaca for purposes of implementing the terms of the 319 grant. SEQR ACTION: TYPE II -20 Report and Presentation of Resolution(s) from the Transportation Services and Facilities Committee Ms. Blanchard, Chair, said the committee met July 17. She reviewed the highlights of the meeting. The committee reviewed briefly a table that demonstrated all of the taxable property in Tompkins County. The list will be updated and made available to Board members. The committee also looked at capital projects to be presented in accordance with the resolution amending the fiscal policy being presented this evening. There was continued discussion on how to improve utility costs. Mr. LeMaro, Buildings and Grounds Supervisor, is meeting with New York State Electric and Gas representatives today. The committee also acted on several resolutions which are reflected on the agenda. Ms. Blanchard announced the Govemor signed the transit consolidation bill. RESOLUTION NO. 205 - AWARD OF BID - RUNWAY REHABILITATION (PHASE I) CONSTRUCTION - TOMPKINS COUNTY AIRPORT MOVED by Ms. Blanchard, seconded by Mr. Winch, and unanimously adopted by voice vote. WHEREAS, the Finance Department has duly advertised for bids for the Runway Rehabilitation (Phase I) project, and WHEREAS, three (3 ) bids were received and duly opened on August 1, 1996, now therefore be it RESOLVED, on recommendation of the Transportation Services and Facilities Committee, That subject to grants being received from the Federal Aviation Administration (FAA) and the New York State Department of Transportation (NYSDOT), the bid be awarded to Turnpike Construction, Inc., of Old Forge, New York as the lowest responsible bidder with a bid of $819,200, RESOLVED, further, That the budget for the Runway Rehabilitation (Phase I) Construction be as follows: FAA Share (90.0%) 5610.4592 $737,280 NYSDOT Share ( 5.0%) 5610.3592 $ 40,960 253 Local Share * Total ( 5.0%) August 6, 1996 5610.5031 $ 40,960 5610.9239 $819,200 *Paid through Passenger Facility Charges (PFCs). RESOLVED, further, That the County Administrator be and hereby is authorized to execute a contract to implement the bid, RESOLVED, further, That the County Administrator be and hereby is authorized to execute grant agreements with the FAA and NYSDOT when said grant offers are received, RESOLVED, further, that the Finance Director be authorized to advance monies if necessary until reimbursement is received from the FAA, NYSDOT, and PFCs, RESOLVED, further, That the Airport Manager be authorized to implement the bid on behalf of the County. SEQR ACTION: TYPE II -4 RESOLUTION NO. 206 - AWARD OF BID - STORM AND SANITARY SEWER IMPROVEMENTS - DEPARTMENT OF PUBLIC WORKS FACILITY MOVED by Ms. Blanchard, seconded by Mr. Lane, and unanimously adopted by voice vote. WHEREAS, the Department of Finance has duly advertised for bids for storm and sanitary improvements for the Department of Public Works on Bostwick Road, and WHEREAS, four (4) bids were received and publicly opened and read on June 27, 1996, now therefore be it RESOLVED, on recommendation of the Transportation Services and Facilities Committee, That the bid for storm and sanitary improvements at the Department of Public Works be awarded to LRS Excavating of Lansing, NY, being the lowest responsible bidder meeting all specifications with a bid of $84,486 for the base bid plus Alternate A, RESOLVED, further, That the County Administrator be authorized to execute a contract to implement this bid, funds being available in account HZ5010.9239, RESOLVED, further, That the Division of Engineering be authorized to implement this bid on behalf of the County. SEQR ACTION: TYPE 11-20 RESOLUTION NO. 207 - IN SUPPORT OF REQUESTS FROM THE TOWN OF GROTON AND THE TOWN OF DRYDEN FOR A TRAFFIC SIGNAL MOVED by Mr. Proto, seconded by Mr. Totman, and unanimously adopted by voice vote. Ms. Blanchard asked and the Board concurred if this resolution could be taken to the Transportation Council for approval. WHEREAS, officials from the Town of Groton and the Town of Dryden have been persistent in their requests for a traffic signal at the intersection of Peruville Road, County Road #107 and New York State Routes 38 and 34B, and WHEREAS, a number of serious accidents including fatalities have occurred, the most recent fatality being July 28, 1996, and WHEREAS, the County has been asked to support the Towns' request, now therefore be it RESOLVED, on recommendation of the Rural Affairs Committee, the Transportation Services and Facilities Committee, and the Commissioner of Public Works, That the Tompkins County Board of Representatives endorses the Towns' request, 254 August 6, 1996 RESOLVED, further, That the appropriate New York State offices are urged to take action to prevent any further accidents at the intersection, RESOLVED, further, That the Tompkins County Commissioner of Public Works is directed to immediately begin to examine options for the County Road regardless of New York State action. SEQR ACTION: TYPE II -20 Report and Presentation of Resolution(s) from the Capital Program Special Committee Mr. Joseph, Chair, said he has heard from some Board members that the committee is making quick decisions with little information. The committee is recommending a change in the fiscal policy that requires program committees to review preliminary proposals and then notifying the Capital Program Committee and providing copies of the approved preliminary project plan. RESOLUTION NO. 208 - AMENDMENT OF ADMINISTRATIVE POLICY 05-02, FISCAL POLICY MOVED by Mr. Joseph, seconded by Ms. Blanchard. Following a brief discussion and clarification of the resolution, a voice vote resulted as follows: Ayes - 15, Noes - 0. RESOLUTION ADOPTED. WHEREAS, the Capital Program Committee has recommended an added review step in the development of the Capital Program to foster more careful consideration of all project proposals for that Program, now therefore be it RESOLVED, on recommendation of the Capital Program Committee, That Administrative Policy 05-02, Fiscal Policy, is amended as indicated below (underlined material is added, bracketed material is deleted): Section 4.02 Capital Program Submission (A) DEFINITION AND PURPOSE. The Capital Program is a planning guide to physical betterments and improvements for the following five years, including major construction, equipment and land or building purchases. Capital projects should be part of a comprehensive long range planning process which foresees major expenditures well in advance of the need for them. That process should be easily understood by policy makers and interested members of the public. AUGUST 6, 1996 (B) SCOPE. The following two types of projects must be included in the Capital Program: 1) One-time expenses authorized to exceed $100,000, regardless of whether they are paid for with borrowed funds, for: a) Construction of new, additional buildings, roads, bridges or other facilities; b) Upgrading of existing buildings, roads, bridges or other facilities; c) Purchase of new, additional equipment (including computer equipment), or upgrading of equipment; d) Purchase of land or buildings; e) Planning and design expenses associated with the above; 2) Expenses for the following only when they will be paid for with borrowed funds: 255 August 6, 1996 a) Recurring annual expenditures for maintenance of existing buildings, roads, bridges, equipment, other structures, or lands; b) Replacement of existing equipment or structures; c) Projects whose total anticipated costs are less than $100,000. Any project that meets the definition but not the scope of a capital project (i.e., costs less than $100,000 and does not involve borrowing) is budgeted as part of a normal operating budget. If expenditures for it would cause the budgeting unit to exceed its fiscal target a special request must be submitted (see Section 3.04). C) PRELIMINARY REVIEW BY PROGRAM COMMITTEES. Whenever a department head intends to develop a capital project proposal the proposal must be reviewed by the appropriate program committee before it is submitted as a formal proposal. In its preliminary form, final cost estimates for construction or for future additional operating costs are not required. If the program committee accepts the preliminary proposal, the Capital Program Committee must be notified by the department head and must receive a copy of the approved preliminary project plan. [(C)] (D) CAPITAL EXPENSES TO BE SHOWN AS PART OF THE BUDGETING UNITS THEY SUPPORT. Annual spending for each capital project must appear as a separate line in the budget of the budgeting unit(s) that the project supports. Transfers into or out of such lines constitute amendments to the Capital Program and must be authorized by the procedure for such amendments specified in the Charter. Unless the Board of Representatives specifies otherwise in a particular case, spending for projects that meet the criteria in B.2. of this Section should be included in the fiscal target of their budgeting units, and spending for the projects in B.1. should not. All new capital projects should receive Board scrutiny equivalent to special requests in the operating budget. [(D)] (E) FORMAT. The Capital Program should be summarized in a single, clear, readable document, cross-referenced to the budget. In addition to the information detailed in the County Charter, all requests that projects be approved as part of the Capital Program must include: 1) the current status of the project; 2) the program(s) of County government that the project benefits; 3) a statement of whether the spending for the project is or is not included in any program's fiscal target; 4) the anticipated annual expenditures, and all sources of revenue for those expenditures, for each project over the following ten years; 5) the year of final payment for each project. SEQR ACTION: TYPE H - 20 Report and Presentation of Resolution(s) from the Leadership Council Ms. Mink, Chair, said the Council has not met. She spoke about the memorandum distributed concerning the draft goals and success indicators of the Board. Comments on the memorandum are due August 12. RESOLUTION NO. - AUTHORIZATION FOR USE OF FACILITATION IN FUTURE DISCUSSIONS WITH MANAGEMENT 256 August 6, 1996 MOVED by Ms. Mink, seconded by Mr. Evans. Ms. Mink read some recommended changes in wording of the resolution that were accepted as friendly and are reflected in the resolution below. Mr. Meskill asked about the cost and where the money would come from and how often meetings would be held. Ms. Mink said the discussions will take place probably in February. Mr. Heyman said money could be budgeted in the Personnel Department's budget. Mr. Meskill clarified that the financial impact of the resolution is unknown. Ms. Mink said the intent of the resolution is to hold discussions in a different way than they have been held before. Mr. Todd said he is concerned with the intent of the resolution and feels employees and employers do not benefit from a third party involved. Ms. Mink said the goal of the PFQ initiative is to have all negotiations involve a third party. Mr. Evans said the management employees are not a legal bargaining union and feels this request is appropriate. Mr. Proto suggested that maybe the originator(s) of the resolution are willing to pay for this request. He said he is not in favor of a facilitator. Mr. Joseph feels it is important to have a neutral person present during discussions. Ms. Kiefer recommended that the resolution not lock the County in for all future discussions and instead read "the next time discussions are held". Ms. Mink said she would be willing to withdraw her motion if the seconder agreed to rewrite the resolution to include some of the concerns and questions raised. Mr. Evans as seconder agreed to the withdrawal. WHEREAS, members of the Management Representative group feel that recent salary discussions did not reflect the stated ideals of Partner's for Quality (PFQ) initiative, now therefore be it RESOLVED, on recommendation of Leadership Council, That future discussions be conducted according to the principles of PFQ including mutual gains approach, with the presence of an external facilitator to ensure that expectations for the process are understood and the outcome accepted by both sides. SEQR ACTION: TYPE II -20 Report and Presentation of Resolution(s) from the Human Services Building Construction Committee Ms. Mink, Chair, said the committee met August 1 and looked at a list of alternates to be considered to reduce the cost of building construction if the bids received are too high. Mr. Proto asked if prior to the next meeting that he received copies of how much money has been spent as of August 6 and committed and perhaps unspent for various projects for the Human Services Building. He also asked for the cost of the project per square feet. Mr. Stein asked that staff prepare reports on a regular procedure to avoid periodic requests. Ms. Kiefer spoke of a concern her dentist office had about a letter they received from the Mayor recommending pictures be taken of their building prior to the pile driving for the Human Services Building. Ms. Kiefer asked if the County requested this letter be distributed. Mr. Wood, Assistant County Attorney, said the County had no knowledge of the letter. Ms. Mink stated she received a copy of the same letter from Mayor Cohen to neighbors (businesses and residents) of the construction site informing them of the pile driving that will be taking place. It was recommended that the neighbors of the construction site take pictures for insurance purposes before the work begins. It was also suggested the County take pictures. Mr. Winch requested a copy of the letter from Mayor Cohen. Ms. Mink said she would pursue this issue. Discussion followed concerning Andree's property. Mr. Wood stated the County entered into a contract to remove the building but does not own said property. The reason is there is considerable savings for the County because the equipment is already on site. He said there was an agreement between the 257 August 6, 1996 County and Mr. Andree that the County will defend and indemnify him for demolishing the building if the County decided not to take it. However, by removing the building represents a commitment to take said property. RESOLUTION NO. 209 - AWARD OF BID - HUMAN SERVICES BUILDING FOUNDATIONS AND STRUCTURAL STEEL - CAPITAL PROJECT MOVED by Ms. Mink, seconded by Ms. Blanchard. A voice vote resulted as follows: Ayes —14, Noes - 1 (Representative Proto). RESOLUTION ADOPTED. WHEREAS, the Finance Department has duly advertised for bids for the construction of foundations and structural steel for the Human Services Building, and WHEREAS, six (6) bids were received and publicly opened and read aloud on July 29, 1996, now therefore be it RESOLVED, on recommendation of the Human Services Building Construction Committee, That the bid for construction of the foundations and structural steel for the Human Services Building be awarded to Welliver McGuire, Inc. of Elmira, NY, being the lowest responsible bidder meeting all specifications with a base bid of $1,043,000.00, RESOLVED, . further, That the County Administrator be authorized to execute a contract to implement this bid, RESOLVED, further, That the Public Works Division of Engineering be authorized to implement this bid on behalf of the County. SEQR ACTION: TYPE II -20 Report and Presentation of Resolution(s) from the Economic Development Committee Ms. Mink, Chair, said the committee reviewed the economic development package for requests for funding from a number of areas that will be combined into one package. The funding is over $100,000. The package includes requests for an electronic future position, main street program, small business extension agent from Cooperative Extension, hire someone to provide services for an incubator small business. This issue will continue to be discussed. She asked for comments and suggestions for developing an economic development agency. She said the Economic Development Alliance has also been meeting and discussing this issue. RESOLUTION NO. 210 - APPROVAL OF FUNDING FOR THE TRUMANSBURG FAIR MOVED by Ms. Mink, seconded by Mr. Meskill. A brief discussion followed and a voice vote resulted as follows: Ayes - 15, Noes - 0. RESOLUTION ADOPTED. WHEREAS, Tompkins County has a Room Occupancy Tax, the proceeds of which are dedicated for tourism promotion and development, and WHEREAS, funds are allocated from the Room Occupancy Tax for the development of new and enhanced tourist attractions, now therefore be it RESOLVED, on recommendation of the Economic Development Committee, That $3,000 in emergency funding for the Trumansburg Fair be approved, RESOLVED, further, That the County Administrator or his designee be authorized to sign any contracts necessary to implement this resolution. SEQR ACTION: TYPE II -20 Report from the Solid Waste and Recycling Committee 258 August 6, 1996 Mr. Todd, Chairman, said the committee has not met. The next meeting is August 12 at 10 a.m. There will be discussion on the City's curbside bid and a first review of the solid waste budget. The Solid Waste Annual Fee for 1997 will also be discussed. Report from the Budget and Fiscal Policy Committee Mr. Joseph, Chairman, said the committee has not met. He reminded program committees that they will be receiving budget request documents August 29. Budget meetings for committees should be scheduled between September 9 and October 10. Report from the Governmental Operations and Administration Committee Mr. Lane, Chairman, said the committee met August 22 to continue discussions on the Code of Ethics and Financial Disclosure forms. A new draft of the Disclosure form will be presented to the committee August 12. The committee also discussed the consent agenda. The next meeting is August 12. Report from the Human Services and Human Resources Committee Mrs. Livesay, Chair, said the committee has not met but will meet tomorrow at noon. Report from the Public Safety Committee Mr. Meskill, Chairman, also said his committee has not met. The next meeting is August 20 at 3 p.m. Report from the Planning, Community Development, and Education Committee Mrs. Schuler, Chair, said the committee has not met. The next meeting is August 13 at 9 a.m. She announced that on August 8 there is a meeting on the Airport Master Plan at 4 p.m. and at 7:30 p.m. a public meeting will be held on the Plan. She reported on the meeting with the consultants on the Library Feasibility Study and reports have been distributed. She said the Library Trustees will meet tomorrow at 4:30 p.m. and the Library Feasibility Study Committee will meet August 19. Report from the Public Information Committee Mr. Joseph, Co -Chair, said the committee is planning a forum on the budget for the public September 11 at 7 p.m. at Boynton Middle School. He described how the committee feels the meeting should be run and asked that Board members submit names by August 12 of people they wish to have attend. Report from the Charter Review Committee Mr. Lane, Chairman, had no report. Report from the Rural Affairs Committee Mr. Proto, Chairman, said the committee met yesterday and heard a presentation from David Boyd, MPO, on what the County is planning as a Countywide transit in the future. Mr. Boyd was invited back to discuss the impact. The Long -Range Plan is on file in the Board office for review. He reported 259 August 6, 1996 on the out -reach meeting of the public in the Town of Groton. He said 46 people attended. Some of the highlights of that meeting are: • economic situation and the impact on Groton • infrastructure i.e., water and sewer • volunteers for emergency services • rural health care • downtown business district • support for an elected Sheriff Mr. Proto said that the committee will be inviting Jack Miller, Fire, Disaster and EMS Coordinator, to a meeting to discuss the future of emergency services in the County. There was also discussion at the meeting concerning the Channel 13 cable access and how County employees are being treated. He thanked Representatives Blanchard and Winch and Public Works Commissioner Mobbs for attending the meeting. The next meeting is August 26. Report from the Electronic Future Committee Mr. Evans, Chairman, said he did not have a report and the next meeting is August 15 at 3 p.m. Approval of Minutes of July 16, 1996 It was MOVED by Mr. Meskill, seconded by Mr. Evans, and unanimously adopted by voice vote, to approve the minutes of the July 16, 1996 meeting. Recess Chairman Stein declared recess at 7:50 p.m. The meeting returned to session at 8:02 p.m. Executive Session It was MOVED by Mr. Proto, seconded by Mr. Evans, and unanimously adopted by voice vote, to hold an executive session to discuss a legal matter. An executive session was held at 8:02 p.m. and returned to open session at 8:50 p.m. Adjournment On motion, the meeting adjourned at 8:50 p.m. 260 August 20, 1996 Regular Meeting Called to Order Chairman Stein called the meeting to order at 5:33 p.m. Pledge of Allegiance to the Flag and Roll Call of Members Members and guests participated in the Pledge of Allegiance to the Flag. Present: 14 Representatives; Excused: 1 (Representative Mink). Representative Totman was excused at 7:55 following action on Resolution No. 216. Privilege of the Floor by the Public Thomas Schickel, Village of Lansing resident and Member of the Library Board of Trustees, spoke concerning the Library Feasibility Study, and read the following excerpt from the Library Board of Trustees special Meeting held August 7, 1996: "That in order to meet the current and future library needs of the residents of Tompkins County, as identified in the Library's Strategic Plan (June, 1995), the Board of Trustees of the Tompkins County Public Library request that a Library expansion plan be developed by the Tompkins County Board of Representatives; and that this Library expansion plan: 1. Must meet the current and 20 -year future space needs of the Library, documented in the Cohen report as 72,000 square feet. 2. Must provide sufficient space for the Finger Lakes Library System, documented in the Cohen report as 9,275 sq. ft., plus garage and loading dock. 3. Must be a full service Library at one location. 4. Must include the identification and resolution of all deficiencies of the current building, if that building is part of the expansion plan. This motion was passed unanimously." Nina Miller, Executive Director of Hospicare, deferred her comments to Resolution No. 212 - Emergency Funding from Contingent Fund - Hospicare. Privilege of the Floor by Board Members Mr. Meskill, District No. 15 Representative, reminded everyone the Trumansburg Fair begins this evening. Representatives Totman, Lane and Evans reported the Town of Dryden has begun celebrating the Dryden Bicentennial 1797-1997, and events will continue through August, 1997. Mr. Lane said brochures outlining the events are available, and next year there will be a large event to celebrate this occasion. Addition of Resolution(s) to the Agenda On motion of the appropriate committee chairmen and duly seconded and unanimously adopted by voice vote by members present, the following resolution(s) were added to the agenda: 261 August 20, 1996 Amendment to Resolution No. 88 of 1976 and Resolution No. 188 of 1987 - Tuition for Vietnamese and Other Refugees to Include Tibetans Authorization to Institute Litigation Against New York State and Department of Correctional Services Authorization to Execute Lease Agreement, Odyssey Research Associates, Inc. Withdrawal of Resolution(s) from the Agenda Chairman Stein gave the appropriate committee chairman permission to withdraw the following resolution(s) from the agenda: Authorization to Execute an Agreement with the City of Ithaca for Payment in Settlement of Litigation for the Recycling and Solid Waste Center. Chairman's Report and Appointment(s) Chairman Stein referred to comments made by Mr. Schickel under Privilege of the Floor, and stated he has sent the request from the Library Board of Trustees on to the Library Feasibility Study Committee of this Board. That Committee has reviewed that request and a recommendation has been placed on Board members' desks. He said he will be assigning that recommendation about moving ahead to the appropriate committee(s). Appointment(s) Chairman Stein made the following appointments to the Tompkins Cortland Community College Committee for CSEA Negotiations: Michael Lane Anita Fitzpatrick Mr. Stein requested an executive session to discuss property negotiations. Report from the County Administrator Mr. Heyman reported his office his deeply involved in the budget process, and is preparing for the Budget and Fiscal Policy Committee meeting to be held on August 27. He reported although the surpluses are large, this will not be an easy budget because the number of ongoing requests are large. Mr. Heyman urged committee chairs to establish budget meeting dates as soon as possible. Mr. Heyman announced John Zagame, Director of the New York State Association of Counties, is stepping down from his position (Steve Acquario, former Deputy Director left last spring). Report from the County Attorney Mr. Theisen updated the Board on pending litigation cases. He said there is a motion for dismissal in an ADA (Americans with Disabilities Act) case, a claim for funds from the Department of Social Services for an estate has been settled, and there is a motion to dismiss a case involving a car accident in Dryden which the County had nothing to do with the road. He said there are several family court cases pending. Report from the Finance Director 262 August 20, 1996 Mr. Squires reported at the last meeting there was discussion about the State budget and how much money the State owes the County. He reported the Mental Health Department has paid the State $308,000 back last week in mental health overpayments. The State has given the County the option of financing this money at the prime rate plus two percent; however, the County had accrued money in a liability account, knowing this would happen, and was able to repay this debt in full. Mr. Evans noted this is a common occurrence for the Mental Health Department; it happens each year. Approval of Resolution(s) Under the Consent Agenda It was MOVED by Mr. Lane, seconded by Mr. Proto, to suspend the Rules of the Board with respect to the Consent Agenda so that the only items that will appear on the Consent Agenda will be items specified by committees of the Board. Withdrawal of Resolution(s) Not Requiring Board Action Chairman Stein gave the appropriate committee chair permission to withdraw the resolution entitled CA021-96 - Budget Adjustments - Various Departments from the agenda with final committee action being affirmed. Presentation of Resolution(s) from the Human Services and Human Resources Committee RESOLUTION NO. 211 - AMENDMENT OF RESOLUTION NO. 193 OF 1996 - HUMAN RIGHTS MOVED by Mrs. Livesay, seconded by Ms. Davis. Mr. Winch stated he voted against the original resolution and will also vote in opposition to this resolution. There was sentiment expressed that support was given to this resolution by some who opposed the original resolution because it helps the employees whose jobs were terminated. A voice vote resulted as follows: Ayes - 12, Noes - 2 (Representatives Todd and Winch), Excused - 1 (Representative Mink). RESOLUTION ADOPTED. RESOLVED, on recommendation of the Human Services and Human Resources Committee, That Resolution No. 193 of 1996 is amended as follows: the effective date is changed from July 16, 1996 to July 19, 1996. SEQR ACTION: TYPE II -20 Report and Presentation of Resolution(s) from the Health and Environmental Oualitv Committee Mr. Evans, Chairman, reported the Committee met August 13 and discussed the flood mitigation program. He said he expects this issue to go before the Rural Affairs Committee and the Municipal Officials Association sometime in September. The next meeting will be August 22 at 9:30 a.m. The Committee will be discussing pricing accuracy at that meeting. RESOLUTION NO. 212 - EMERGENCY FUNDING AND APPROPRIATION FROM CONTINGENT FUND — HOSPICARE (Postponed to September 3, 1996 and adopted) MOVED by Mr. Evans, seconded by Ms. Kiefer. Nina Miller, Executive Director of Hospicare, spoke concerning this resolution. She said Hospicare is a self-sufficient and self-supporting organization. Ms. Miller said this issue of funding is temporary, and needed this until they are able to find permanent solutions. She explained history behind 263 August 20, 1996 the Hospicare Facility which at this time is not eligible to receive Medicare funding. She said the agency has found that of the people that have used the Hospicare service, many have been unable to pay. It costs $3,346 to keep someone in the home -like and flexible residence for one month. Ms. Miller said Hospicare has sent out numerous grant proposals to private foundations, and has received a foundation grant for an additional $15,000 in contributions, and the City is considering a proposal to give funding to the agency. Ms. Miller said she strongly feels this Agency is too important of a resource to let sit idle. Mr. Evans spoke in support of the resolution, and noted what is being proposed is one-time funding to support this Agency, and the individuals coming to this home are incapable of staying in their own home. He said Hospice has a number of programs that help people remain in their own homes. He said this agency provides basically the same services that are being provided in a nursing home. Ms. Miller said she went to the City of Ithaca for $4,000, and one committee was unanimously supportive of the proposal; two more committees have to review it before it can be approved. Ms. Blanchard said she would offer to postpone this resolution for a couple of weeks, as it would give members a chance to obtain more information and to have questions answered. Mr. Meskill said he has operational questions, and would like language in the agreement that the organization must prove to the County Finance Director they have additional money prior to the release of County funds. He will also like a guarantee that the State will be enacting legislation to enable Hospicare to collect Medicare funding. Mr. Meskill said he is also concerned this will not be a one-time request. He said the emphasis has always been placed on people remaining in their homes, and is concerned that homes are now being built that provide the same services as nursing homes. Mrs. Livesay explained the need for a Hospicare residence, and stated that caregivers are there for people who don't have any caregivers at home to take care of them. She said there are open nursing home beds in this area and Hospicare services are provided to nursing homes, as most nursing homes have contracts with Hospicare. Mr. Evans said persons receiving services from Hospicare are a very unique group of people. They are people who are not going to go home. He said nursing homes are designed for people who will stay for a few years, and feels Hospicare provides a very different environment than a nursing home provides. Ms. Miller said people who reside in nursing homes consider that home to be their residence. Ms. Miller said .Hospicare will reopen when she has three patients that are ready to move into the Hospicare residence. She noted the Medicare dollars would go to either a hospital or a nursing home if they were not coming to Hospicare, and said research has shown that health care dollars are saved by Hospice. It was MOVED by Ms. Blanchard, seconded by Mr. Todd, to postpone this resolution to the September 3, 1996 Board meeting. Mr. Evans said he will vote against postponement on this resolution because he will miss the next Board meeting. A voice vote on postponing this resolution resulted as follows: Ayes - 8 (Representatives Blanchard, Joseph, Lane, Meskill, Schuler Todd, Totman, and Winch); Noes - 6 (Representatives Davis, Evans, Kiefer, Livesay, Proto, and Stein); Excused - 1 (Representative Mink). MOTION CARRIED. Ms. Blanchard will be sending Ms. Miller a list of her concerns and comments. Mr. Evans will schedule this item for the next Health and Environmental Quality Committee meeting this Thursday at 11 a.m. to address Ms. Blanchard's concerns and any other questions. WHEREAS, Hospicare provides medical care and a residence to patients with a life limiting illness, and 264 August 20, 1996 WHEREAS, Medicare pays for the medical care of Hospice patients but the cost of residency (room and board) is ineligible for Medicaid funding, and WHEREAS, Assemblyman Luster has submitted a bill which would extend Medicaid payments for hospice residences (as is currently the practice for nursing home residences), and WHEREAS, the New York State Senate has already passed similar legislation regarding Medicaid payments, and WHEREAS, Hospicare has been forced to stop admitting patients who do not have the resources to pay the cost of residency, and WHEREAS, County government provided funding to Hospicare during its early years when Medicaid and Medicare were not yet able to be secured, now therefore be it RESOLVED, on recommendation of the Health and Environmental Quality and Budget and Fiscal Policy Committees, That Tompkins County subsidize the cost of one bed for six months at a cost of $16,530 in an effort to assist Hospicare to stabilize its funding while they work on pushing for legislative action and develop other funding resources, RESOLVED, further, That the Director of Finance be directed to make the following budget appropriation to Hospicare: FROM: A1990.4400 Contingent Fund $16,530 TO: A6310.4400 Hospicare $16,530 RESOLVED, further, That the County Finance Director will release the $16,530 when all of the funding for the $50,000 emergency package is in place. SEQR ACTION: TYPE II -20 RESOLUTION NO. 213 - APPROPRIATION OF CONTINGENCY FUNDS FOR TRAVEL TO SOUTH CENTRAL NEW YORK RESOURCE CONSERVATION AND DEVELOPMENT PROJECT, INC., AND DIRECTIONS FOR 1997 BUDGET MOVED by Mr. Evans, seconded by Mrs. Schuler. Mr. Evans said this issue has come up several times since he has been on this Board and hopes a solution will be found. Mr. Meskill stated this funding request is a destruction of the Contingent Fund request process, and suggested taking money for this purpose out of the Board of Representatives Travel and Training fund and then make the necessary appropriations for the budget next year or make sure a department funds this. It was MOVED by Mr. Meskill, seconded by Mr. Totman, to amend this resolution to indicate the funding will come from the Board of Representatives Travel and Training account. Mr. Todd stated several years ago the Soil and Water Conservation District hired Madison Wright to cover this cost. Mr. Todd was told this was not the case. Mr. Winch stated this has been an ongoing issue for about four years, and a lot of time has been spent arguing about a $300 expense. He said he originally proposed that the County give the Soil and Water Conservation District an additional $300 to cover this person's travel expense, and in the past years this appropriation has come from' different sources. It was noted Mr. Wright serves as the County Board's appointment to the South Central New York Resource Conservation and Development Project, Inc. and that the Soil and Water Conservation District has its own representative to the South Central New York Resource Conservation and Development Project, Inc. Chairman Stein stated money has been budgeted in the Board of Representatives budget for conferences and he will have to limit the amount allowed to each Board member if the motion on the floor passes. Following a lengthy discussion the question was called. A voice vote on calling the question resulted as follows: Ayes - 14, Noes - 0, Excused - 1 (Representative Mink). THE QUESTION WAS CALLED. 265 August 20, 1996 A voice vote on the amendment resulted as follows: Ayes - 5 (Representatives Blanchard, Kiefer, Meskill, Todd and Totman); Noes — 9; Excused - 1 (Representative Mink). MOTION FAILED. Mr. Totman asked if a vote in support of this resolution would mean next year the money would automatically come out of the budget for the Soil and Water Conservation District. He was told this is correct, and money would need to be budgeted for this purpose. A roll call vote on the original resolution resulted as follows: Ayes — 11; Noes - 3 (Representatives Meskill, Todd and Totman); Excused - 1 (Representative Mink). RESOLUTION ADOPTED. WHEREAS, Madison Wright has represented Tompkins County on the South Central New York Resource Conservation and Development Project, Inc., for many years, and WHEREAS, in meeting his obligations with that organization Madison Wright has incurred travel expenses, and WHEREAS, funds for these expenses have not been included in the 1996 Budget, now therefore be it RESOLVED, on recommendation of the Health and Environmental Quality Committee and the Budget and Fiscal Policy Committee, That funds in the amount of $300 be transferred from the Contingency Fund (A1990) to the Soil and Water Conservation District (A8730.4412) for the express purpose of reimbursing Madison Wright for travel expenses related to his service representing the Board of Representatives on the South Central New York Resource Conservation and Development Project, Inc., RESOLVED, further, That the Soil and Water Conservation District include Madison Wright's travel expenses in their 1997 budget request as a continuing Over -Target Request. SEQR ACTION: TYPE 11-20 Report from the Human Services and Human Resources Committee Mrs. Livesay, Chair, reported the Committee met on August 7 and heard a report from the Department of Social Services. It was reported by that Department that caseloads continue to decline. The Committee was also given a preview on what the Federal welfare reform will mean to Tompkins County. The Committee received a report from the Human Rights Commission on the status of the reorganization of that Department. There was also a presentation from the Youth Bureau Director on the Youth Recreation Partnership. All Board members should have received a memorandum on this subject. Nancy Zahler, Youth Bureau Director, reported that department expects State Aid budget cuts of approximately 18 percent. Mrs. Livesay said Valerie Hayes of the Affirmative Action Committee, gave the Committee a report on the status of the Affirmative Action Plan. The next meeting will be September 4 at noon. The budget meeting for departments reporting to the Human Services and Human Resources Committee will be September 12 from noon to 5 p.m. Report from the Transportation Services and Facilities Committee Ms. Blanchard, Chair, reported the Committee met on August 7. The Committee continues to discuss the County's safety policy. She said Arel LeMaro, Supervisor of Buildings and Grounds, gave the Committee a report on the status of the Courthouse security project. That project is expected to be completed in October. The Committee was given an extensive report on the Bridge Program by John Lampman, and Ms. Blanchard noted the highlights from his report. She said the Forest Home Drive bridge is on schedule with opening scheduled for mid-October. Ms. Blanchard spoke of the Comfort Road Bridge, and stated the Committee met with a representative of the Town of Danby and a representative of H&E Machinery to discuss this Bridge a couple of months ago to see how they would 266 August 20, 1996 feel about postponing the construction of that bridge until next year because the County feels there is a very good opportunity to receive some funding for this through the Industrial Access Program. She said the Town of Danby felt the County should apply for these funds and H&E Machinery was also in agreement. Ms. Blanchard said the substitute bridge is the West Dryden Road Bridge. Mr. Proto requested information on how the priority of bridges has been determined. Ms. Blanchard said she would provide Mr. Proto with this information. Ms. Blanchard stated there has been some confusion on the status of the airline tax that she periodically reports on. She said she has used the terms Passenger Facility Charge, Airline Ticket Tax, Airline Tax, Ticket Excise Tax, Facility Fee Charge, and AIP funding, to describe what everyone thought was one item. She said Passenger Facility Charge ($3.00 per ticket charge) has been collected all along and has never been in jeopardy, except for a brief period when there was a great deal of confusion. She said the problem is the Airline Ticket Tax (the ten percent tax on ticket charges). Ms. Blanchard said this is the basic funding for the Airport Improvement Program, and has not been reinstated as of this time. Ms. Blanchard reported today at the Ithaca -Tompkins Transit Center the BoB (Bikes On Busses) CAT program was announced. This is the first consolidated system project of TCAT (Tompkins Consolidated Area Transit). Ms. Blanchard also reported the Transportation Council Planning Committee has unanimously adopted a resolution in support of a traffic signal at the intersection of Routes 38 and 34B in Groton. Ms. Kiefer said she would like to receive information on the Courthouse Security Project. Ms. Blanchard said she would get this information to her. Ms. Kiefer asked Ms. Blanchard about Arel LeMaro's meeting with NYSEG on utility rates, and if there was anything to report. Ms. Blanchard stated Mr. LeMaro has not yet reported to the Committee on this subject. Chairman Stein stated he was in attendance at this meeting and gave the following report: Chairman Stein reported NYSEG held a meeting to explain what is happening in the new system that is developing to permit for deregulation of the electric and gas systems in New York State. He said the generation and transmission of electricity is being separated into two separate parts and will be treated as separate corporations, and will set up a pricing structure accordingly. He said it will, therefore, be possible for any user of electricity to purchase from the open market anywhere they wish. He said while it may be cheaper to purchase from another electric supplier, it will cost money to run the lines and by the time it reaches a user, fees will be added and it may not cost any less than it does right now. Mrs. Livesay reminded colleagues that Tompkins County is still a public power agency, and suggests this item should be reactivated; other members concurred. Report from the Budget and Fiscal Policy Committee Mr. Joseph, Chairman, reported the Committee heard a report at the last meeting from Mary Pat Dolan, DSS Commissioner, on the impacts of the Federal changes on welfare. He said the Committee's discussion focused primarily on the financial impacts on the County. Mr. Joseph said the impact from these changes are coming from the following provisions: the tightening of SSI (Social Security Income), five-year time limit, and work requirements. Mr. Joseph reported at the next meeting on August 27 the Committee will take its first look at budget requests from departments. He also reminded Committee chairs to schedule meetings to review departmental budgets. Report and Presentation of Resolution(s) from the Planning, Community Development and Education Committee Mrs. Schuler, Chair, reported the Committee met on August 13 at Tompkins Cortland Community College, and business conducted at that meeting is reflected on the agenda. The next 267 August 20, 1996 meeting will be September 10. Mrs. Schuler announced an Open House will be held at Tompkins Cortland Community College on October 3. RESOLUTION NO. 214 - APPROVAL OF BYLAWS OF THE TOMPKINS COUNTY PLANNING ADVISORY BOARD MOVED by Mrs. Schuler, seconded by Ms. Blanchard. Mr. Totman said he will vote no on this resolution because a couple years ago he was instrumental in getting the County Planning Board dissolved and creating the County's Planning Federation and the Planning Advisory Board. He said he never would have agreed to abolish the County Planning Board if he knew if would be reformed by people that were not selected by the various towns and villages. He said the Planning Advisory Board members are not recommended by the towns and villages, but are recommended by someone and approved by this Board. He feels this is another way of taking authority away from the towns and villages in Tompkins County. Mr. Totman said this change in bylaws would give the Planning Advisory Board authority to work on the County planning process. James Hanson, Planning Commissioner, stated a year ago the County Planning Board was dissolved and two separate entities were created: the County Planning Federation and the Planning Advisory Board. Mr. Hanson stated the State looked at the Local Law and determined the Planning Advisory Board can act as a County planning board if it has to. He said the State must designate that statutory responsibility to an entity, and there are very few times the Planning Board may be asked to act. A roll call vote on the resolution resulted as follows: Ayes — 9; Noes - 5 (Representatives Evans, Proto, Todd, Totman and Winch); Excused - 1 (Representative Mink). RESOLUTION ADOPTED. WHEREAS, the Tompkins County Planning Advisory Board was created in 1995 by amendment of the Tompkins County Charter and Code (Local Law No. 1 of 1995), and WHEREAS, the Charter and Code provides that the Planning Advisory Board has the authority to draft bylaws for approval by the Board of Representatives, now therefore be it RESOLVED, on recommendation of the Planning, Community Development and Education Committee, That the Planning Advisory Board Bylaws on file with the Clerk of the Board be approved. SEQR ACTION: TYPE II -20 RESOLUTION NO. 215 - DESIGNATING THE VIRGIL CREEK PROJECT AS THE "DR. DONALD H. CRISPELL FLOOD CONTROL PROJECT" MOVED by Mr. Lane, seconded by Mr. Evans, and unanimously adopted by voice vote by members present. WHEREAS, the Virgil Creek Watershed Steering Committee as the initial planning group for the Dryden dam flood control project has recommended that it be dedicated to the memory of the late Donald H. Crispell, DVM, and WHEREAS, Dr. Crispell as an active member of the Dryden Village Board of Trustees worked tirelessly in the late 1960's in the planning for flood control for Dryden, and WHEREAS, after the devastating flood of 1981, Dr. Crispell was the first to recognize the opportunity for the Town and Village of Dryden and Tompkins County to seek planning and funding assistance through the United States Department of Agriculture's PL -566 small watershed program, and WHEREAS, without the efforts of Dr. Crispell the project would have been hindered and longer delayed, now therefore be it 268 August 20, 1996 RESOLVED, on recommendation of the Planning, Community Development and Education Committee, That the Tompkins County Board of Representatives hereby requests that the Dryden dam project be designated as the "Dr. Donald H. Crispell Flood Control Project" in tribute to Dr. Crispell's long-range vision and efforts for the protection of the people of Dryden and Tompkins County. SEQR ACTION: TYPE 11-20 RESOLUTION NO. 216 - IN RECOGNITION OF THE FRIENDS OF THE TOMPKINS COUNTY PUBLIC LIBRARY GOLDEN ANNIVERSARY MOVED by Mrs. Schuler and unanimously seconded, and adopted by voice vote by members present. WHEREAS, the Friends of the Tompkins County Public Library are currently celebrating their fiftieth year as an organization devoted to the support of adequate library services for our County, and WHEREAS, in the years since, the volunteer support of the Friends has been persistent over the decades and singular in its quality, and WHEREAS, there is no sense in the organization of a task completed, but rather the excitement which comes from embarking on a second half -century of support for our library, in whatever forms the institution may take, with the County as its continuing mainstay, now therefore be it RESOLVED, on recommendation of the Planning, Community Development and Education Committee, That the Tompkins County Board of Representatives commends the Friends for their efforts, thanks them for their help, and expresses a similar sense of anticipation in looking to the opportunities for working together which lie ahead. SEQR ACTION: TYPE II -20 Representative Totman was excused at 7:55 p.m. RESOLUTION NO. 217 - AMENDMENT TO RESOLUTION NO. 88 OF 1976 AND RESOLUTION NO. 188 OF 1987 - TUITION FOR VIETNAMESE AND OTHER REFUGEES TO INCLUDE TIBETANS MOVED by Mrs. Schuler, seconded by Ms. Kiefer. Mr. Theisen, County Attorney, stated he has discussed this with Ed Hooks, Esq., and both are in agreement that they don't see any legal impediment to this, as long as they are residents of Tompkins County. Mr. Winch stated he is concerned that there are a lot of foreign people who live in Tompkins County, and asked if it's fair to people who live and pay taxes in Tompkins County, to give these opportunities to these people. He asked if people will start to come to Tompkins County because of the educational opportunities. Mr. Meskill stated if someone lives in Tompkins County for six months they are eligible for the reduced tuition rate. He said this would only be allowing these people the same opportunity other residents receive, and he feels education is the key in this Country to progress and should be enhanced wherever possible. A voice vote on the resolution resulted as follows: Ayes — 11; Noes - 2 (Representatives Proto and Winch); Excused - 2 (Representatives Mink and Totman). RESOLUTION ADOPTED WHEREAS, by Resolution No. 88 of 1976, the tuition at Tompkins Cortland Community College for Vietnamese students was made equal to the amount charged to Tompkins and Cortland County residents, and 269 August 20, 1996 WHEREAS, by Resolution No. 188 of 1987 these tuition charges at Tompkins Cortland Community College were made standard for all refugees, as defined in the Refugee Act of 1980 (Public Law 96-212) passed by Congress and approved March 17, 1980, and WHEREAS, there are now living in Ithaca since 1996 four Tibetan refugee children whose parents have lived in Ithaca since 1992, but said Tibetans have not been declared by the State Department as refugees under the Refugee Act of 1980 because to do so would offend China, and WHEREAS, said Tibetan refugee children appear to be otherwise qualified and desirable to be students at Tompkins Cortland Community College, now therefore be it RESOLVED, on recommendation of the Planning, Community Development and Education Committee, That Resolution No. 88 of 1987 be further amended to charge all refugees of Tibet residing in Cortland or Tompkins Counties (whether officially declared as refugees or not) tuition at Tompkins Cortland Community College at rates applicable to Tompkins and Cortland County residents, RESOLVED, further, That this resolution is contingent upon the adoption of a concurrent resolution by the Cortland County Legislature. SEQR ACTION: TYPE II -20 Report from the Governmental Operations and Administration Committee Mr. Lane, Chairman, reported the Committee met on August 19 and discussed having someone from PERMA come in and discuss taking over the County's Worker's Compensation insurance program. The Committee discussed the issue of delinquent tax parcels in the City of Ithaca, and where there are properties that are owner occupied and have substantial building code violations or other problems. Mr. Lane said sometimes these properties have a much larger City tax deficit than they have County tax deficit. He said the County Administrator and Finance Director has been asked to put together a policy that may say the County refrains to foreclose on owner -occupied properties in the City where there are substantial City taxes and the City has refrained from foreclosing. Mr. Lane said the Committee continues to discuss the Code of Ethics, and a revised disclosure statement is being put together. Mr. Lane reported the Committee has also been discussing cable access issues, and is asking the Public Information Committee to come up with suggestions about how the County could better understand public access, possibly through a historical archive. A proposal is being worked on and will be presented to the Committee at the next meeting on September 9. Report and Presentation of Resolution(s) from the Public Safety Committee Mr. Meskill, Chairman, reported he recently spoke with the County Administrator after an E911 Executive Committee meeting concerning pursuing legal action against the State or NYNEX. He said a final meeting with NYNEX will be held next Friday with the hope of coming to an agreement. If no agreement is reached, the County Attorney will be asked to assist in writing a letter to the Public Service Commission requesting a ruling of NYNEX's failure to follow the tariff regulations. Mr. Meskill said the Committee approved a number of resolutions at the last meeting. Those resolutions have been forwarded to the Budget and Fiscal Policy Committee for action. The next regular meeting will be September 9 at 1:30 p.m. RESOLUTION NO. 218 - AUTHORIZATION TO INSTITUTE LITIGATION AGAINST NEW YORK STATE AND DEPARTMENT OF CORRECTIONAL SERVICES MOVED by Mr. Meskill, seconded by Mrs. Schuler. Chairman Stein granted Representative Davis permission to abstain from voting on this resolution because of her affiliation with the Tompkins 270 August 20, 1996 County Jail. A voice vote resulted as follows: Ayes - 12, Noes - 0, Abstentions - 1 (Representative Davis), Excused - 2 (Representatives Mink and Totman). RESOLUTION ADOPTED. WHEREAS, the New York State Court of Appeals ruled in Ayers vs. Coughlin (72 NY2d 346) that the legislative mandate for the New York State Department of Correctional Services to take custody of state -ready inmates and adjudicated parole violators "forthwith" means within 10 calendar days, and WHEREAS, the New York State Department of Correctional Services has in many instances at the Tompkins County Jail failed to adhere to this ruling of the highest court in the State of New York, and WHEREAS, the State of New York pays $34 per day to Tompkins County for each state -ready prisoner in the County Jail, while the lack of this bed at the Jail usually results in Tompkins County being forced to pay to board a prisoner in another county at a cost of $65 to $75 per day, all of which results in greatly increased costs to the property taxpayers of Tompkins County currently averaging a minimum of $221 per day, now therefore be it RESOLVED, on recommendation of the Public Safety Committee, That the County Attorney is directed to institute litigation against the State of New York and its Department of Correctional Services in every instance when the mandate has not been complied with in Ayers vs. Coughlin. SEQR ACTION: TYPE II -20 Report from the Solid Waste and Recycling Committee Mr. Todd, Chairman, reported the Committee met on August 12, and reviewed bids for recycling collection in the City of Ithaca. A recommendation will be placed on the next Board agenda. Mr. Todd said the Committee discussed the budget and the schedule for the Solid Waste Annual Fee. He said he received a breakdown of the prices received for recycled materials, and it appears that March and April were the low points as far as the price per ton is concerned. He stated there has been a steady improvement through August of the prices that the County is receiving for commodities. Mr. Todd reported the Solid Waste budget income is behind schedule, and the 1997 budget will be based on a much more conservative number as far as prices per ton. The next regular meeting will be September 10 at 2:30 p.m. Report and Presentation of Resolution(s) from the Leadership Council Mr. Evans, Member, reported the Council has not met since the last Board meeting. He called attention to a memorandum that has been placed in Board members' mailboxes concerning the revised draft of Goals and Success Indicators, and said anyone who has changes to the draft should contact Nancy Zahler, Youth Bureau Director, by noon on August 22. RESOLUTION NO. 219 - AUTHORIZATION FOR USE OF FACILITATION IN FUTURE DISCUSSIONS WITH MANAGEMENT MOVED by Mr. Evans, seconded by Ms. Davis. Mr. Meskill said he cannot support this resolution if he does not know that this would not entail a special request. Mr. Heyman said he has spoken to Anita Fitzpatrick, Personnel Commissioner, who has informed him this will not entail a special request. Ms. Fitzpatrick has also informed him that there is a line (set aside for arbitrators and mediators) in the Personnel Department's budget that will be used for this. Mr. Proto expressed surprise that senior management personnel can't talk with the Board of Representatives without a third party present; he said if this is needed, it can always be added later. He feels by adopting this resolution the County would be setting itself up for a problem that may not even exist yet. Mr. Meskill said this is a recommendation by the County's department heads, and it should at 271 August 20, 1996 least be given a try. A voice vote resulted as follows: Ayes — 9; Noes - 4 (Representatives Livesay, Proto, Todd, and Winch); Excused - 2 (Representatives Mink and Totman). RESOLUTION ADOPTED. WHEREAS, the Partners for Quality initiative is designed to continuously improve County services by encouraging and respecting recommendations made by employees and managers to improve daily work and planning processes, and WHEREAS, the process by which the County Board of Representatives and its non -unionized managers arrive at agreements on compensation and benefits is an informal one which has been conducted several different ways over time, and WHEREAS, the mutual gains approach is one that County Board members and employees at all levels have been encouraged to use as an effective method for preventing and resolving conflicts, and WHEREAS, this Board, managers, and Leadership Council believe that using a mutual gains approach during the 1997-98 management compensation discussions would improve the process and result in greater support for the final agreement, and WHEREAS, the mutual gains approach to developing compensation agreements can be most effective when it is facilitated by a trained and neutral party who helps both sides find mutually acceptable solutions that address the interests and concerns of each, now therefore be it RESOLVED, on recommendation of the Leadership Council, That an amount of no more than $1,000 be used from existing Personnel Department funds to retain the services of a trained facilitator to assist the County and its managers to develop a 1997-98 compensation agreement, RESOLVED, further, That the County Board committee charged with the personnel function and the Leadership Council evaluate this process to fmd ways to further improve it. SEQR ACTION: TYPE II -20 Report from the Electronic Future Committee Mr. Evans, Chairman, reported the next meeting will be September 5. Barbara Blanchard will attend that meeting to discuss public/private entities. Report from the Public Information Committee Mr. Joseph, Co -Chair, reminded Board members of the public forum to be held September 11 on the 1997 budget. He also reminded Board members to submit names to be invited to the forum. He said the next County Newsletter will be released soon. Report from the Charter Review Committee Mr. Lane, Chairman, had no report. The next meeting will be after Labor Day. Report from the Economic Development Committee Chairman Stein had no report. Report from the Human Services Building Construction Committee Ms. Blanchard reported the Committee met on August 15, and heard a report from Craig Hopkins of the Engineering Division on the demolition of buildings at the site. She reported foundation and steel work should be completed by the second week in September. She said everyone received a packet of information that includes the bidding schedule and expense rundown. She also reported the concerns of a local dentist have been responded to. 272 August 20, 1996 Report from the Rural Affairs Committee Mr. Proto, Chairman, reported the next meeting will be August 26 at 8:15 p.m. The Committee will be scheduling another public forum. Approval of Minutes of August 6, 1996 It was MOVED by Mr. Proto, seconded by Mr. Evans, and unanimously adopted by voice vote by members present, to approve the minutes of August 6, 1996, with the corrections submitted by Representative Kiefer. Recess Chairman Stein declared recess from 8:50 to 8:55 p.m. Executive Session It was MOVED by Mr. Meskill, seconded by Mr. Evans, and unanimously adopted by voice vote by members present, to enter into an executive session to discuss property negotiations at 8:55 p.m. The meeting returned to open session at 9:31 p.m. RESOLUTION NO. 220 - AUTHORIZATION TO EXECUTE LEASE AGREEMENT - ODYSSEY RESEARCH ASSOCIATES, INC. MOVED by Ms. Blanchard, seconded by Mr. Meskill, and unanimously adopted by voice vote by members present. WHEREAS, Odyssey Research Associates' lease to occupy space in Biggs Building A has expired and the Chair of the Board of Representatives appointed a special committee to negotiate terms of a renewal of said lease, now therefore be it RESOLVED, on recommendation of the Special Committee appointed by the Chairman of the Board of Representatives, That the County Administrator is authorized and directed to execute a renewal of the lease with Odyssey Research Associates, Inc., for occupancy of space in Biggs Building A at least through July 31, 1997. SEQR ACTION: TYPE 1I-20 Adjournment On motion the meeting adjourned at 9:31 p.m. 273 September 3, 1996 Regular Meeting Called to Order Chairman Stein called the meeting to order at 5:32 p.m. Pledge of Allegiance to the Flag and Roll Call of Members Members and guests participated in the Pledge of Allegiance to the Flag. Present: 13 Representatives (Representative Livesay arrived at 5:35 p.m.); Excused: 2 (Representatives Evans and Totman). Privilege of the Floor by the Public Walter Groman, Assistant Chief of the Dryden Fire Department, spoke in support of the resolution on the agenda entitled Appropriation from Contingent Fund - Mobile Radio Unit Dryden Fire Department. Mr. Groman said this equipment will allow the Dryden Fire Department to better serve the community in their timeliness and response. Betsy Darlington, City of Ithaca, spoke concerning a parcel of land located in the Southwest part of the City that has been designated as substitute parkland. Ms. Darlington referred to Chapter 757 of State laws of 1985 which addresses the use of this land. She said in 1995 Common Council reaffirmed their feelings that they want to get that portion of land designated as substitute parkland. Ms. Darlington said a resolution is on the Common Council agenda for September 4 that asks the County not to entertain proposals for sale of this land at this time. This issue will be referred to the City Planning Board. She distributed a copy of a map from the Southwest Land Use Study done by the Southwest Land Use Committee and the City Planning Committee. Ms. Darlington distributed a resolution that refers to the site, a map of the site, and an article concerning the site, that appeared in the Ithaca Times. Robert Day, Village of Dryden Mayor, spoke in support of the resolution on the agenda entitled Appropriation from Contingent Fund - Mobile Radio Unit - Dryden Fire Department. Mayor Day stated this vehicle will allow the Fire Department to serve as the Village's confined space rescue team. He said this is required from a regulatory standpoint. Privilege of the Floor by Board Members Mr. Lane, District No. 14 Representative, welcomed and thanked Robert Day, Mayor of the Village of Dryden, and Assistant Fire Department Chief, Walter Groman, for attending this meeting. He said it is very important that this equipment be put on the road for workers in confined space. Mr. Lane reported there have been two more fatalities at the intersection of Route 38 and 34b. It is unfortunate that so many lives have to be taken before the proper type of safety features can be installed at that intersection. Theresa Robinson, Town of Groton Supervisor, has been working on this for years, and only recently does it look like something is going to happen. Resolution(s) Approved Under the Consent Agenda No resolutions were approved under the Consent Agenda. Agenda Reordering 274 September 3, 1996 To accommodate staff and members of the public in attendance, Chairman Stein advanced three resolutions for first consideration. Presentation of Resolution(s) by the Health and Environmental Quality Committee RESOLUTION NO. 221 - AUTHORIZATION TO SET FLU VACCINE CHARGE HEALTH DEPARTMENT MOVED by Ms. Kiefer, seconded by Mr. Proto, and unanimously adopted by voice vote by members present. WHEREAS, the Tompkins County Health Department provides flu vaccinations to senior citizens, as well as children and adults who are medically eligible for the vaccine, and WHEREAS, the Department is a participating provider of Medicare Part B, and is mandated under the 1991 Mandatory Submission Ruling to bill Medicare for any reimbursable services, and WHEREAS, we are required to charge non -Medicare participants the same rate as Medicare participants in order not to "subsidize" non -Medicare flu vaccine administration with Medicare funds, now therefore be it RESOLVED, on recommendation of the Health and Environmental Quality and Budget and Fiscal Policy Committees, That the Department is authorized to charge a fee of eight dollars ($8.00) for the flu vaccination and that any future rate setting for flu vaccination may be set by the department based on cost and what Medicare will reimburse each year. SEQR ACTION: TYPE II -20 RESOLUTION NO. 212 - EMERGENCY FUNDING AND APPROPRIATION FROM CONTINGENT FUND - HOSPICARE MOVED by Mrs. Schuler, seconded by Ms. Kiefer, and unanimously adopted by voice vote by members present, to lift this resolution from the Table. The resolution was MOVED by Ms. Kiefer, seconded by Ms. Blanchard. At the request of Mr. Meskill, language was added to the resolution to indicate the money will not be given until Hospicare secures other funding ($50,000 from the emergency package). Mr. Todd stated he doesn't feel Hospicare should enter into competition with other nursing homes in Tompkins County. Ms. Blanchard stated this resolution was tabled at the last meeting at her request. She said she has asked questions, and has received very satisfactory answers to all of her concerns. Mr. Proto asked if the Medicaid piece of legislation has been passed by the Senate. Nina Miller, Executive Director of Hospicare, stated she believes this has happened. At the request of Mr. Proto, language was added to the resolution stating the Senate has already passed the piece on Medicaid. A roll call vote on the resolution resulted as follows: Ayes - 12, Noes - 1 (Representative Todd); Excused - 2 (Representatives Evans and Totman). RESOLUTION ADOPTED. WHEREAS, Hospicare provides medical care and a residence to patients with a life limiting illness, and WHEREAS, Medicare pays for the medical care of Hospice patients but the cost of residency (room and board) is ineligible for Medicaid funding, and 275 September 3, 1996 WHEREAS, Assemblyman Luster has submitted a bill which would extend Medicaid payments for hospice residences (as is currently the practice for nursing home residences), and WHEREAS, the New York State Senate has already passed similar legislation regarding Medicaid payments, and WHEREAS, Hospicare has been forced to stop admitting patients who do not have the resources to pay the cost of residency, and WHEREAS, County government provided funding to Hospicare during its early years when Medicaid and Medicare were not yet able to be secured, now therefore be it RESOLVED, on recommendation of the Health and Environmental Quality and the Budget and Fiscal Policy Committees, That Tompkins County subsidize the cost of one bed for six months at a cost of $16,530 in an effort to assist Hospicare to stabilize its funding while they work on pushing for legislative action and develop other funding resources, RESOLVED, further, That the Director of Finance be directed to make the following budget appropriation to Hospicare: FROM: A1990.4400 Contingent Fund $16,530 TO: A6310.4400 Hospicare $16,530 RESOLVED, further, That the County Finance Director will release the $16,530 when all of the funding for the $50,000 emergency package is in place. SEQR ACTION: TYPE II -20 Presentation of Resolution(s) from the Public Safety Committee RESOLUTION NO. 222 - APPROPRIATION FROM CONTINGENT FUND MOBILE RADIO UNIT - DRYDEN FIRE DEPARTMENT MOVED by Mr. Meskill, seconded by Mr. Lane. Ms. Kiefer stated she did not support this resolution in Committee because she would like to see budgeted funds used up before the Contingent Fund is used, and she was not assured of this. Ms. Kiefer said she thinks it is a worthwhile piece of equipment. A voice vote resulted as follows: Ayes - 13, Noes - 0, Excused - 2 (Representatives Evans and Totman). RESOLUTION ADOPTED. WHEREAS, the Dryden Fire Department is placing into service on September 1, 1996, an additional vehicle to its fleet, and WHEREAS, this vehicle is in need of a mobile radio unit and Fire Chief Mark Bell has requested the County Coordinator to supply this unit and the Fire Coordinator supports this request, now therefore be it RESOLVED, on recommendation of Public Safety and Budget and Fiscal Policy Committees, That the Finance Director be directed to supply the funds in the amount of $4,648 from the Contingency Fund for the purchase of one Mobile Radio. SEQR ACTION: TYPE II -20 Special Orders of the Day - Presentation on the 1997 Tompkins County Budget A presentation was made by Tim Joseph, Chairman of the Budget and Fiscal Policy Committee; Scott Heyman, County Administrator; and Kathy West, Deputy County Administrator, on the following 1997 Tompkins County Budget documents: 1997 Tompkins County Budget Requests; 1997 Over -Target Requests; and 1997 Capital Requests 276 September 3, 1996 Mr. Heyman noted this is his 12th year as County Administrator; his 1997 budget recommendations are based on his attempt to take the County services the Board has approved, and to ascertain what they should cost, especially Over -Target Requests. Mr. Joseph noted that Mr. Heyman's recommendation of a 6.2 percent tax increase is strictly for maintenance of effort, assuming that services would continue even in the absence of State aid, and recognizing the already -approved increases in capital spending, and certain new spending such as for GIS. Mr. Proto spoke of all rollover requests, and asked for each committee, will there be highlighted sections on rollover monies, so that Board members will be able to identify how these monies being asked for are to be spent? He said he would like these rollover monies identified so members can follow this money through the process. Ms. West, Deputy County Administrator, said the 1995-97 rollover monies are part of the Fiscal Target because it was already authorized by this Board. She said Schedule D shows the rollover money that is included in each Department's Fiscal Target. Addition of Resolution(s) to the Agenda There were no resolution(s) added to the agenda. Withdrawal of Resolution(s) from the Agenda Chairman Stein gave Mr. Meskill, Public Safety Committee Chairman, permission to withdraw the resolution from the agenda entitled Appropriation from Contingent Fund - Double Bunking Prisoners. Chairman's Report and Appointments Chairman Stein stated he has had no response from the individuals who made a purchase offer on for the Elmira Road property. He referred to a request at the last meeting from the Library Feasibility Committee that the next step be began by referring to the appropriate committee, and said he is not ready to act on that request at this time. Chairman Stein had no appointments. Withdrawal of Resolution(s) from the Agenda Not Requiring Board Action Chairman Stein gave the appropriate committee chairman permission to withdraw the resolution entitled CA022-96 - Budget Adjustments - Various Departments with final committee action being affirmed. Report from the County Administrator Mr. Heyman reported there are important items that will be discussed at that NYSAC meeting next week. He said he will not be able to attend that meeting. Report from the County Attorney Mr. Theisen reported the legal action the Board wished his office to take against the New York State Department of Correction is being worked on. He said the Biggs A ADA (Americans with Disabilities) lawsuit motion for dismissal is scheduled for argument in November. He feels the County is doing a good job in making its case for dismissal. Report from the Finance Director 277 September 3, 1996 Mr. Squires had no report. Appointment(s) Approved Under the Consent Agenda It was MOVED by Ms. Kiefer, seconded by Mrs. Schuler, and unanimously adopted by voice vote by members present, to appoint Eugene Bush to the Community Mental Health Services Board - Mental Retardation/Development Disabilities Subcommittee, as a community member representative, for a term to expire December 31, 1999. Presentation of Resolution(s) and Report from the Health and Environmental Quality Committee Ms. Kiefer, Vice Chair, reported the Committee met August 22, and spent time discussing pricing accuracy. She said at the suggestion of Representative Evans, Linda Daybell, President of the Chamber of Commerce, is going to poll Chamber members to see if they would volunteer for scanner accuracy testing. Ms. Kiefer said Judy Tynyk, Director of Weights and Measures, has stated she is only interestedin the accuracy of prices, and noted the Committee itself has not discussed the proposed law yet; this will be discussed at the next meeting. Ms. Kiefer said at the meeting the Committee also heard liaison reports, and noted the "Primary Health Care Needs Assessment for Tompkins County" is available for review in the Board Office. The Committee will hold a meeting on September 27 to discuss departmental budgets. Representative Blanchard stated she also attended the Committee meeting, and said she felt there was a fair amount of opposition to legislation of pricing accuracy. RESOLUTION NO. 223 - CREATION OF CONTRACT BUDGET - T -S -T BOCES — MENTAL HEALTH MOVED by Ms. Kiefer, seconded by Mrs. Livesay. Mr. Proto expressed concern that this service is already being provided through a BYOB (Better Your Own Body) program, through STOP - DWI fines. He also said in a previous year the Health Department, through its Healthy Heart Program, had a separate advisory, with a main thrust of going out into the community to do tobacco awareness. He asked if providing the services in this contract would be a duplication of services already being provided. Mr. Proto was told these services are being provided, but are being targeted to a different population. Mr. Meskill, Chairman of the Public Safety Committee and Ms. Kiefer, Vice -Chair of Health and Environmental Quality Committee, both agreed to review the status of the existing programs and report to the Board as to whether there will be a duplication of services provided by the BOCES program. Further, both individuals will determine if the County may also be eligible for the State -aid applied for by BOCES. A voice vote on the resolution resulted as follows: Ayes - 13, Noes - 0; Excused - 2 (Representatives Evans and Totman). RESOLUTION ADOPTED. WHEREAS, Tompkins County wishes to provide a program designed to educate school -aged youth about the dangers of using tobacco, alcohol, and other drugs in the hope of preventing such use, and WHEREAS, T -S -T BOCES currently provides such services under contract with the New York State Office of Alcoholism and Substance Abuse Services, and WHEREAS, all parties agree that a local contract should exist for such services, with monies being provided by New York State Office of Alcoholism and Substance Abuse Services, now therefore be it RESOLED, on recommendation of the Health and Environmental Quality Committee, That $25,000 be appropriated to T -S -T BOCES, RESOLVED, further, That a contract be established between Tompkins County and T -S -T BOCES to provide such services from July 1, 1996 to June 30, 1997, RESOLVED, further, That the following budget adjustment be made: REVENUE: A4323.3999 State Aid $25,000 278 September 3, 1996 APPROPRIATION: A4323.4400 T -S -T BOCES $25,000 RESOLVED, further, That the Finance Director be and hereby is authorized and directed to make said adjustment on his books. SEQR ACTION: TYPE II -20 Report from the Transportation Services and Facilities Committee Ms. Blanchard, Chair, reported the Committee met on August 27, and discussed improved signage for the Recycling and Solid Waste Center. She said signs are ready, and are waiting for approval from the City for placement. The Committee also discussed the proposed Capital Project for the new Building for the Buildings and Grounds Division. She said the Committee will be touring Buildings and Grounds tomorrow. The Committee will meet on September 18 and October 2 to review budgets. Ms. Blanchard announced a Municipal Officials Association Meeting will be held on September 25, at the Lehigh Valley House, and any Board Member interested in attending, should let Mary Oltz, Town of Danby Supervisor, know. Ms. Blanchard said the traffic situation at the intersection of Routes 38 and 34B in the Town of Groton has been resolved, and read the following letter to Ward Hungerford, Highway Manager, dated August 19, 1996: "Thank you for your August 12th letter explaining the need for action at the subject intersection. We agree that improvements in the traffic control along Route 38 at this location are desirable. As a result, we will be modifying the pavement markings and installing a flashing traffic signal. Our pavement marking crew will be remarking Route 38 to establish a three lane section at both this intersection and the Old Peruville Road intersection. To accomplish this we will eliminate the existing safety widening and revise the markings to incorporate one through lane per direction and a center left turn lane. We will also install a flashing traffic signal at the Route 34B intersection. We plan on revising the pavement markings by the end of this month, weather conditions permitting. We are scheduling a flasher for installation this Fall, performing the work partly by contract and partly by our signal crew. Your assistance in bringing this matter to our attention is appreciated. We welcome your continued involvement in transportation safety. Very truly yours, Charles E. Moynihan, P.E. Regional Director of Transportation by Barry A. Stevens, P.E., Regional Traffic Engineer" Report from the Budget and Fiscal Policy Committee Mr. Joseph, Chairman, had no further report. Report from the Governmental Operations and Administration Committee Mr. Lane, Chairman, reported the Committee has not met since the last meeting. The next meeting will be September 9 at 3:30 p.m. Report from the Human Services and Human Resources Committee Mrs. Livesay, Chair, reported the Committee has not met since the last Board meeting. The next meeting will be September 4 at noon in the Old Jail Conference Room. Mrs. Livesay said there will be a meeting of the Homeless and Housing Task Force, Chaired by Representative Blanchard, at 10 a.m. that morning. Mrs. Livesay requested an executive session following this meeting to discuss a personnel issue. 279 September 3, 1996 Report and Presentation of Resolution(s) from the Public Safety Committee Mr. Meskill, Chairman, reported the Committee has been working with the task forces that have been set up by William Benjamin, Criminal Justice Coordinator. He noted information on the double -bunking situation at the Jail has been placed in Board Members' mailboxes. Mr. Meskill reported he attended a successful meeting with NYNEX and the PSC (Public Service Commission), and feels they have worked through barriers affecting the implementation of E-911. He said a hearing will be held in October, and in the meantime, things are moving forward. Mr. Meskill said a meeting of the E-911 Operations Committee will be held on September 18 for the purpose of finalizing some work from that meeting. The next Committee meeting will be September 9. The Committee will review departmental budget on September 19, 24, and 25. RESOLUTION NO. 224 - APPROPRIATION FROM CONTINGENT FUND- CONTROL PANEL REPAIR MOVED by Mr. Meskill, seconded by Mr. Todd. Ms. Davis was granted permission by Chairman Stein to abstain from voting on this resolution. A short roll call vote resulted as follows: Ayes - 12, Noes - 0, Abstentions - 1 (Representative Davis), Excused - 2 (Representatives Evans and Totman). RESOLUTION ADOPTED. WHEREAS, the control panel in the Tompkins County Jail required emergency repairs which have been completed, and WHEREAS, there are no funds budgeted for this purpose, now therefore be it RESOLVED, on the recommendation of the Public Safety and Budget and Fiscal Policy Committees, That the Director of Finance is directed to make the following appropriation: FROM: A1990.4400 CONTINGENCY FUND $ 13,099.00 TO: A3150.4442 PROFESSIONAL FEES $ 13,099.00 SEQR ACTION: TYPE II -20 RESOLUTION NO. 225 - APPROPRIATION FROM CONTINGENT FUND - PRISONER BOARDING MOVED by Mr. Meskill, seconded by Mr. Todd. Ms. Davis was granted permission by Chairman Stein to abstain from voting on this resolution. A short roll call vote resulted as follows: Ayes - 12, Noes - 0, Abstentions - 1 (Representative Davis), Excused - 2 (Representatives Evans and Totman). RESOLUTION ADOPTED. WHEREAS, the Tompkins County Jail has exceeded its maximum capacity to house inmates, and WHEREAS, it costs $65-80 per day per inmate plus transportation to board out, and WHEREAS, the $99,640 allocated for this purpose has been completely exhausted and it is projected that an additional $200,000 should provide adequate funds through approximately the end of October 1996, now therefore be it RESOLVED, on recommendation of the Public Safety and Budget and Fiscal Policy Committees, That the Director of Finance is directed to make the following appropriation: FROM: A1990.4400 Mandated Contingency Fund $200,000 TO: A3150.4469 Prisoner Boarding $200,000 SEQR ACTION: TYPE II -20 Report from the Planning, Community Development and Education Committee 280 September 3, 1996 Mrs. Schuler, Chair, reported the Committee has not met since the last Board meeting, and will meet September 10. The Committee will review departmental budgets on September 17 and October 2. Mrs. Schuler said she will let the Health and Environmental Quality Committee know which of those meetings they should attend. Report and Presentation of Resolution(s) from the Solid Waste and Recycling Committee Mr. Todd, Chairman, reported the Committee has not met since the last Board meeting. He said the Committee did meet briefly prior to this meeting, to approve a resolution on the agenda. The next Committee meeting will be September 10. RESOLUTION NO. 226 - AWARD OF BID - CURBSIDE COLLECTION OF RECYCLABLE MATERIALS - CITY OF ITHACA MOVED by Mr. Todd, seconded by Ms. Kiefer, and unanimously adopted by voice vote by members present. WHEREAS, the Finance Department duly advertised for bids for the curbside collection of recyclable materials for the City of Ithaca, and WHEREAS, four (4) bids were received and publicly opened on August 5, 1996, now therefore be it RESOLVED, on recommendation of the Solid Waste and Recycling Committee and subject to agreement by the City of Ithaca, That the bid be awarded to Superior Disposal Service, Inc. of Newfield, New York in the amount of $226,836.72 for the two year contract with collection occurring every other week, RESOLVED, further, That the bid be awarded for the two year contract, with the option for two three-year contract extensions if mutually agreeable to the County and Superior Disposal Service, Inc., RESOLVED, further, That the Solid Waste Division be authorized to implement this bid on behalf of the County and to enter into a contract with Superior Disposal Service, Inc. SEQR ACTION: TYPE II - 20 Report from the Electronic Future Committee There was no report from this Committee. Report from the Public Information Committee Mr. Joseph reported the Committee has been working on sending invitations and training facilitators for the 1997 budget public forum to be held on September 11 at 7 p.m. at the Boynton Middle School. Report from the Charter Review Committee Mr. Lane, Chairman, had no report. Report from the Economic Development Committee Ms. Mink, Chair, reported the Economic Development Alliance continues to work on an overall economic strategy. The Committee will review budgets on September 24 at 9 a.m. Report from the Human Services Building Construction Committee 281 September 3, 1996 Ms. Mink, Chair, reported a groundbreaking ceremony was held this morning at the Human Services Building Site, and many members of the Committee and representation from the affected departments were in attendance. Report from the Leadership Council Ms. Mink, Chair, reported the Committee will meet September 5 at 1 p.m. She reported the Personnel Commissioner is close to making a selection for the Training Coordinator position. She reminded Board members' comments are due on Long Range Planning. Report from the Rural Affairs Committee Mr. Proto, Chairman, reported the Committee met on August 26 with Peter Meskill, Public Safety Committee Chairman, and Jack Miller, Fire, Disaster and EMS Coordinator, to discuss emergency medical service concerns that were expressed to the Committee at the last public forum. The next Committee meeting will be September 23. Approval of Minutes of August 20, 1996 It was MOVED by Mr. Joseph, seconded by Ms. Mink, and unanimously adopted by voice vote by members present, to approve the minutes of August 20, 1996, with the amendments submitted by Representative Kiefer. Executive Session It was MOVED by Mrs. Schuler, seconded by Mrs. Livesay, and unanimously adopted by voice vote by members present, to enter into executive session at 8:45 p.m. to discuss a personnel matter. The Board returned to open session at 9:00 p.m. Adjournment On motion the meeting adjourned at 9:00 p.m. 282 September 17, 1996 Regular Meeting Called to Order Chairman Stein called the meeting to order at 5:32 p.m. Pledge of Allegiance to the Flag and Roll Call of Members Members and guests participated in the Pledge of Allegiance to the Flag. Present: 15 Representatives. Privilege of the Floor by the Public Robert Spaulding, Town of Caroline Supervisor, thanked the Board for an opportunity to participate in the public budget forum that was held September 11 th. He said this is a very good step in the budget process. Mr. Spaulding spoke in opposition to the resolution on the agenda entitled Appropriation from Contingent Fund - Computer Equipment - Offender Aid and Restoration (OAR). He feels this would be a poor expenditure of County funds. He thinks the Agency should advertise and look for computer equipment donations, possibly from another County department. Privilege of the Floor by Board Members Ms. Kiefer, District No. 10 Representative, announced a community meeting will be held at 7 p.m. this evening. She said an internationally recognized expert on incineration from St. Lawrence University will be speaking at St. Paul's Methodist Church. At this meeting the Cornell Veterinary School Incinerator project will be discussed. Mr. Todd, District No. 6 Representative, responded to recent criticism in the Ithaca Journal of the Town of Lansing. Mr. Todd said the Town of Lansing pays its fair share in Tompkins County, but does not want to pay for duplication of services. The Town of Lansing was criticized in the Ithaca Journal for not joining the Youth Partnership. He said the Town has a parks and recreation program, and the youth program has 35 different programs that are run there. There are two parks in the Town of Lansing - Lake Park at Myers Point and a small park overlooking the falls in Ludlowville. Mr. Todd said the large park at Myers Point has trees, lawn, tables, barbecue facilities, swings and play areas for children, beach and a lifeguard, modern restroom, and a marina for boats. Mr. Todd said all these services are open to the public at fees less than half of State park fees. The Town of Lansing owns and maintains these two parks and the Town owns ballfields. Mr. Todd said the Town has a budget of approximately $250,000, half of it is paid by fees and half is paid by Lansing property tax. He said the Town of Lansing was criticized again in the Ithaca Journal for not contributing to Gadabout. The Town of Lansing has its own senior citizen van and again, does not want to duplicate services. Mr. Todd said the Town is very proud of its parks and recreation programs. He said large amounts of volunteer time have gone into making these programs very successful and reasonable in cost. Resolution(s) Added to and Withdrawn from the Agenda There were no resolutions to be added to the agenda. Chairman Stein gave the appropriate committee chair permission to withdraw the following resolution(s) from the agenda: - Resolution Authorizing the Filing of an Application for a State Grant -In -Aid for a Municipal 283 September 17, 1996 Waste Reduction and/or Recycling Project and Signing of the Associated State Contract, Under the Appropriate Laws of New York State Authorization to Execute an Agreement with the City of Ithaca for Payment in Relation to the Recycling and Solid Waste Center Establishing a Unit charge for the 1997 Annual Solid Waste Fee At a later time in the meeting, the resolution entitled Increase in Hours of Position - Contracts Coordinator, Department of Administration, was withdrawn. Chairman's Recognition(s) Report and Appointment(s). Chairman Stein recognized Robert Spaulding, Town of Caroline Supervisor, for being selected as an outstanding community leader in a national awards program. Chairman Stein also recognized Susan Mittler, third grade teacher at Caroline Elementary School, and President of the Ithaca Teachers Association, for being nominated by the National Education Association to serve on the National Council for Accreditation of Teacher Education Board of Examiners. Mr. Stein said these awards, made by the Chairman of the Tompkins County Board of Representatives, recognize individuals engaged in public service. A recipient must be an elected, employed, or appointed member of a local government or public education organization, and must receive recognition from an organization outside of Tompkins County for special competence or exemplary achievement beyond the individual's normal responsibilities. Chairman's Appointment(s) Mr. Stein established a Committee to address improvements to the Tompkins County Public Library. The membership is as follows: Nancy Schuler, Chair Frank Proto Stuart Stein Dooley Kiefer Daniel Winch Mr. Stein said this will be a Committee that will complete its work by March 31, 1997, and will report directly to the Board. Chairman Stein reported on the purchase offer for land on Elmira Road. He said he received a communication yesterday in response to the County's last communication to the real estate broker. He said he has received a revised offer for the land, and has turned this over to the Special Committee. He would like this Committee to meet within one week, and make a recommendation to this Board at the first meeting in October. Mr. Stein extended happy birthday wishes to Representative Barbara Mink. Report from the County Administrator Mr. Heyman reported on his budget recommendations for the Sheriffs' Department. He said information should be ready this week. He said he has attended several budget meetings, and they are going well. 284 September 17, 1996 Report from the County Attorney Mr. Theisen reported on a matter of which the County Attorney's Office was directed to pursue the County suing the State for delaying taking State -ready prisoners from the County Jail. He said this matter is proceeding. Mr. Theisen reported on the matter of the public access television channel being used for making slanderous remarks concerning the Airport Manager and a Board member. He said the question of whether the County can provide legal help to those persons has been raised. He said he is of the opinion this may not be allowed to be done by the County. He has written a letter to the Attorney General asking for his opinion. Mr. Theisen reported on an issue facing all counties in New York State relating to a lawsuit against tobacco companies for making people ill, and therefore, using County services such a Medicaid. There is a question if tobacco companies should be liable to counties and state governments. He said Erie County has asked if Tompkins County would like to join the lawsuit. He said as there are no precedents in this area, he is not recommending the County join this lawsuit until further action takes place. Ms. Kiefer asked if Tompkins County is being asked to contribute financially to the lawsuit. Mr. Theisen said yes. Chairman Stein directed the Human Services and Human Resources Committee to address this issue, and bring a recommendation back to the Board. Mr. Evans said the Biggs A employees had their Worker's Compensation hearing recently, and asked Mr. Theisen to find out the outcome of this hearing Report from the Finance Director Mr. Squires reported September is the final month to pay 1996 taxes before they are advertised in the newspaper and on channel 53. He said the Finance and Assessment Departments will be meeting tomorrow with town tax collectors to discuss matters of mutual interest and to give them tours of these County departments. Mr. Squires reported at the last meeting the Board adopted a resolution concerning refugees and community college tuition matters. He said the matter has not been resolved, as Cortland County has not acted on their resolution. Report from the Human Services Building Construction Committee Ms. Mink, Chair, reported the bid opening was held today, and was very well attended. She said the total of bids came in well within the budget, and well under the estimate the Committee has been working with for the building from the beginning. She said the Committee will meet September 19 to award contracts. Ms. Mink said the process the Committee has been using builds in outside value engineering very early on. Approval of Resolution(s) Under the Consent Agenda It was MOVED by Mr. Winch, seconded by Mr. Evans, to suspend the Rules of the Board with respect to the Consent Agenda so that the only items that will appear on the Consent Agenda will be items specified by committees of the Board. 285 September 17, 1996 RESOLUTION NO. 227 - RESOLUTION IN SUPPORT OF LEGISLATION AMENDING THE REAL PROPERTY TAX LAW TO EXEMPT COUNTIES AND OTHER TAX DISTRICTS FROM ANY LIABILITY RELATING TO ENVIRONMENTALLY DANGEROUS CONDITIONS ON PROPERTY WHICH BECOMES SUBJECT TO TAX ENFORCEMENT PROCEEDINGS MOVED by Mr. Winch, seconded by Mr. Evans, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, most counties and certain other tax districts are required by statute to institute legal proceedings annually to enforce payment of their real property tax collections, and WHEREAS, certain counties in performing this statutory duty have been advised by the State of their potential liability for clean-up costs and other costs associated with environmentally dangerous conditions existing on property to which title is obtained through tax enforcement proceedings, and WHEREAS, counties in performing this statutory duty should not be held liable for any such costs which would be financially disastrous for them, and WHEREAS, legislation has been drafted under the direction of a committee consisting of county and other officials to amend the Real Property Tax Law to exempt tax districts from any liability relating to environmentally dangerous conditions on property which becomes subject to tax enforcement proceedings pursuant to Article 11 of that statute, now therefore be it RESOLVED, on recommendation of the Governmental Operations and Administration Committee, That the Tompkins County Board of Representatives supports this type of legislation and requests that the same be introduced and enacted by the New York State Legislature, along with appropriate modification to assure that its provisions will also apply to enforcement proceedings by counties pursuant to statutory authority other than Article 11 of the Real Property Tax Law, RESOLVED, further, That copies of this resolution be sent to the Governor, the New York State Legislature and all other deemed necessary and proper. SEQR ACTION: TYPE II -20 RESOLUTION NO. 228 - APPROVAL OF BYLAWS OF THE TOMPKINNS COUNTY PLANNING FEDERATION MOVED by Mr. Winch, seconded by Mr. Evans, and unanimously adopted by voice vote under the Consent agenda. WHEREAS, the Tompkins County Planning Federation was created in 1995 by amendment of the Tompkins County Charter and Code (Local Law No. 1 of 1995), and WHEREAS, the Charter and Code provides that the Planning Federation has the authority to draft bylaws for approval by the Board of Representatives, now therefore be it RESOLVED, on recommendation of the Planning, Community Development and Education Committee, That the Planning Federation Bylaws on file with the Clerk of the Board be approved. SEQR ACTION: TYPE II -20 RESOLUTION NO. 229 - AWARD OF CONTRACT FOR DESIGN NEWFIELD COVERED BRIDGE OVER WEST BRANCH OF CAYUGA INLET RESERVATION AND RESTORATION B.I.N. 3210210, P.I.N. 3950.00 SURVEY AND DESIGN SERVICES 286 September 17, 1996 MOVED by Mr. Winch, seconded by Mr. Evans, and unanimously adopted by voice vote under the Consent agenda. WHEREAS, Tompkins County has duly advertised for proposals for surveying and design services for the above project, now therefore be it RESOLVED, on recommendation of the Transportation Services and Facilities Committee, That the proposal received from Ryan -Biggs Associates, P.C. of Troy, New York for $32,500 be and hereby is accepted, RESOLVED, further, That the Commissioner of Public Works is authorized to execute an agreement with Ryan -Biggs Associates and authorize change orders up to ten percent (10%) of the contract amount, RESOLVED, further, That a project contingency fund of $5,000 be established for change orders, staff services and miscellaneous expenses. Funds to be provided from Account No. D5110.4411. SEQR ACTION: TYPE I-9 Environmental Assessment Form and Negative Declaration on file in Clerk's office RESOLUTION NO. 230 - AUDIT OF FINAL PAYMENT - OLD COURTHOUSE RENOVATIONS - WOODFORD BROS., INC. MOVED by Mr. Winch, seconded by Mr. Evans, and unanimously adopted by voice vote under the Consent Agenda. RESOLVED, on recommendation of the Transportation Services and Facilities 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 Woodford Bros., Inc. 9 (Final) HB1430.9250 $13,798.25 (General) RESOLVED, further, That the Finance Director be and hereby is authorized and directed to pay said claim from Account No. 11-B1430.9250. SEQR ACTION: TYPE 11-20 RESOLUTION NO. 231- ESTABLISHING THE 1997 PER -TON FEE FOR SOLID WASTE MOVED by Mr. Winch, seconded by Mr. Evans, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, Resolution No. 94 of 1994 authorized the Solid Waste Manager in consultation with the Solid Waste Committee Chairman to establish a revised solid waste per -ton fee as a result of the Supreme Court decision concerning flow control, now therefore be it RESOLVED, on recommendation of the Solid Waste and Recycling Committee, That this Board affirms the $60 per -ton fee for solid waste for 1997 established by the Solid Waste Manager. SEQR ACTION: TYPE 11-20 Withdrawal of Resolution(s) Not Requiring Board Action Chairman Stein gave the appropriate committee chair permission to withdraw the resolution entitled CA023-96 - Budget Adjustments — Office for the Aging from the agenda with final committee action being affirmed. 287 September 17, 1996 Report and Presentation of Resolution(s) from the Governmental Operations and Administration Committee Mr. Lane, Chairman, reported the Committee met September 9 and had a presentation from the PERMA group in respect to the possibility of administering Worker's Compensation. The Committee also had a presentation by Ben Curtis, Chairman of the Intermunicipal Cable Commission, regarding public access. At that meeting the Committee also discussed the possibility of having a historic archive of all access. Mr. Lane said this is still being discussed. Mr. Lane reported the Committee began its budget reviews yesterday and will meet again on September 25. RESOLUTION NO. 232 - ABOLISH SENIOR ACCOUNT CLERK/TYPIST AND CREATE ACCOUNT CLERK TYPIST - ASSESSMENT DEPARTMENT MOVED by Mr. Lane, seconded by Mr. Evans, and unanimously adopted by voice vote. WHEREAS, the Assessment Department has recently begun departmental restructuring, and WHEREAS, this resolution will be followed by another resolution which will complete an Assessment Department realignment of positions and duties, and WHEREAS, this realignment of positions and duties can assist the Assessment Department in better performing its duties without additional funds, now therefore be it RESOLVED, on recommendation of the Governmental Operations and Administration Committee, That one (1) position of Senior Account Clerk/Typist (09/529), labor grade I (9), competitive class be abolished September 18, 1996, RESOLVED, further, That one position of Account Clerk Typist (06/513), labor grade F (6), competitive class be created effective September 18, 1996. SEQR ACTION: TYPE II -20 RESOLUTION NO. - INCREASE IN HOURS OF POSITION, CONTRACTS COORDINATOR - DEPARTMENT OF ADMINISTRATION MOVED by Mr. Lane, seconded by Ms. Mink. Mr. Proto expressed concern over the rate of salary increase in this position since its creation, and said he needs further information on where this position is saving the County money. Mr. Lane said this resolution funds this position through the end of the year. The Committee received information in its meeting that he will provide to Representative Proto. He said some of the duties performed by the individual in this position are very difficult to quantify in terms of dollar amounts. Mr. Meskill said it has not been demonstrated to him that there has been any money saved by the extra hours allocated to this position. Following a lengthy discussion, Chairman Stein granted Mr. Lane permission to withdraw this resolution from the agenda to allow members to have time to receive and review information that has been provided to the Committee. Report from the Transportation Services and Facilities Committee Ms. Blanchard, Chair, reported the Committee met September 4, and had a tour of Buildings and Grounds. She reported she attended a workshop at NYSAC (New York State Association of Counties) on September 9, and heard presentations on the future of utilities and telecommunications, a highway 288 September 17, 1996 costs study that was recently completed for Broome County, and a presentation on holding down the costs of public works, with special reference to snow removal and solid waste management. She said there was also a presentation on economic development. A summary of those sessions has been placed on Board members' desks. Ms. Blanchard said the Committee plans to start work on an industrial access grant for the construction of the Comfort Road Bridge in Danby. She reported she received a fax yesterday saying that the House and Senate have completed action on an agreement for Fiscal 1997 for Department of Transportation appropriations and have agreed to fund the Airport Improvement Program at a $1.46 Billion level. This is a $10 million increase of this year's funding level of $1.45 billion. Ms. Blanchard reported there was an increase in emplanements during July and August at the Tompkins County Airport. The Committee will hold budget reviews on September 18 and October 2. Ms. Blanchard said if any Board member is interested in attending the Municipal Officials Association meeting on September 25, they should contact Mary Oltz at the Town of Danby. Report from the Health and Environmental Quality Committee Mr. Evans, Chairman, reported the Committee has not met since the last Board meeting. The Committee will hold budget reviews on September 27. Mr. Evans said a question was raised at the last Board meeting concerning the duplication of services in the area of drug education. He said as far as funding from New York State Oasis, they check for duplication of services. However, he said he would not be surprised if there is some duplication in this area. He said he has asked the Substance Abuse Subcommittee of the Community Mental Health Services Board to look into this and report back on their findings. The next regular meeting will be September 26. Report from the Budget and Fiscal Policy Committee Mr. Joseph, Chairman, reported at the last meeting the Committee spent a very long time discussing the OAR (Offender Aid Restoration) computer request. He said since the County is now purchasing new computers, it was felt a systematic look should be taken on what to do with the old computers. Mr. Joseph reported the State has passed legislation that says during one week in January, the State sales tax on clothing and footwear will be waived, and local municipalities have been offered the opportunity to waive the sales tax also. He said he has inquired with the Chamber of Commerce as to how local merchants feel about this, however, he has not heard back from them as of this time. This subject will be discussed at the next Budget and Fiscal Policy Committee meeting on September 24. Report from the Human Services and Human Resources Committee Mrs. Livesay, Chair, reported the Committee met September 4, and received updates from the Human Services Coalition and from the Department of Social Services on the still -declining caseloads. The Committee also received an update on Federal Welfare Reform. She said she will provide an analysis of that Law to all Board members. Mrs. Livesay announced there will be two video conferences on this subject, and one downlink site will be Cooperative Extension. At the request of Mr. Evans, Mrs. Livesay will provide the satellite coordinates for this video conference. Mrs. Livesay reported the Committee heard a report from Jean Owens about food pantries, and how they have made their allocation process more fair. The Committee held a budget review meeting on September 12. The next Committee meeting will be October 2 at noon. At this meeting the Committee will complete budget reviews. Report from the Public Safety Committee Mr. Meskill, Chairman, reported he received minutes from NYNEX confirming discussions that were held at the last E-911 meeting. The minutes confirmed that NYNEX is going to provide a system based on what was discussed at that meeting. Mr. Meskill reported the Criminal Justice Coordinator. 289 September 17, 1996 attended the last Committee meeting, and gave an update on the 6-15 pilot projects he is working on that will make criminal justice in Tompkins County a more coordinated and efficient effort. The Committee has put discussions on double -bunking at the Jail on hold. Mr. Meskill said budget reviews will be held September 19, 24, and 25. RESOLUTION NO. 233 - APPROPRIATION FROM CONTINGENT FUND - COMPUTER EQUIPMENT - OFFENDER AID AND RESTORATION (OAR) MOVED by Mr. Meskill, seconded by Mrs. Schuler. Representative Davis asked permission to abstain from voting on this resolution, as she is employed by Offender Aid Restoration. Chairman Stein granted Representative Davis permission to abstain. Mr. Meskill said all Board members should have received explanations from William Benjamin, Criminal Justice Coordinator, and from OAR explaining the changes to this proposal and why this equipment is being requested. Mr. Winch said he voted in opposition to this resolution at the Committee meeting because he has a question about how computers are recycled at the County level. He said he would rather see this request made during the budget process. Mr. Meskill said there have been hard negotiations between all parties involved to reduce the cost of this. This computer will provide the Criminal Justice Coordinator with some information he needs. This computer would be the property of the Criminal Justice Coordinator and would be loaned to OAR. Mr. Evans said it is his understanding that there is a 386 computer that could be available for use and questioned whether it would be adequate for this use. Mr. Meskill said it is his understanding that the 386 could be used but it would operate very slowly. Following a lengthy discussion, it was MOVED by Mr. Proto, seconded by Mr. Totman, to postpone this resolution to the October 1, 1996 Board meeting to allow the 386 computer to be loaded with the software and an experiment performed to see if can meet the needs of the Criminal Justice Coordinator. A roll call vote on postponing the resolution resulted as follows: Ayes - 7 (Representatives Blanchard, Evans, Proto, Kiefer, Todd, Totman and Winch); Noes - 7 (Representatives Joseph, Lane, Livesay, Meskill, Mink, Schuler, and Stein); Abstentions - 1 (Representative Davis). MOTION FAILED. A roll call vote on the resolution resulted as follows: Ayes - 7 (Representatives Blanchard, Evans, Proto, Kiefer, Todd, Totman and Winch); Noes - 7 (Representatives Joseph, Lane, Livesay, Meskill, Mink, Schuler, and Stein); Abstentions - 1 (Representative Davis). RESOLUTION FAILED. WHEREAS, the County Criminal Justice Coordinator's office is currently gathering County- wide criminal justice information in order to make informed assessments and recommendations for comprehensive plans to address the County's criminal justice problems, including the overcrowding at the jail, and WHEREAS, Offender Aid and Restoration (OAR) has pertinent information to assist in the current assessment process as well as any ongoing efforts to coordinate criminal justice information, and WHEREAS, OAR lacks compatible computer hardware and software to provide and exchange data with the Criminal Justice Coordinator's office, and 290 September 17, 1996 WHEREAS, the County will realize a substantial savings by purchasing the equipment through the County's Purchasing Department utilizing state contracts rather than giving money directly to OAR to purchase the equipment commercially, now therefore be it RESOLVED, on recommendation of the Public Safety and Budget and Fiscal Policy Committees, That the County appropriate $5,000 (Public Safety approved the amount of $5,845) from the Contingent Fund to the Criminal Justice Coordinator's budget to purchase computer equipment which will be owned by the County, inventoried through the Criminal Justice Coordinator and housed and used at Offender Aid and Restoration Offices. SEQR ACTION: TYPE II -20 Report from the Planning, Community Development and Education Committee Mrs. Schuler, Chair, reported on September 10 she received $2.5 million of HUD money from Congressman Hinchey for job enhancement; CBord and Axiom are the recipients of these dollars. The Committee discussed the Planning Federation bylaws, and also had an update on the Waterfront project, and the scenic byways. She reported a groundbreaking ceremony for the Virgil Creek Dam will be held October 5. Mrs. Schuler announced upcoming workshops and events. The Committee will hold the next budget review session on October 2. Report from the Solid Waste and Recvclinz Committee Mr. Todd, Chairman, reported the Committee met September 10, and completed budget reviews. He said the Committee approved the Solid Waste Annual Fee and the Disposal Fee. The Committee had a very interesting report from Barbara Hotchkiss, Recycling Coordinator, about options for a radioactive screening at the disposal area at the Recycling and Solid Waste Center. Mr. Todd said the Committee discussed the food waste composting grant. This grant is dependent on a contract that they hope to arrive at with Cornell University. The next meeting will be October 2. He said several questions have arisen in the last month concerning another clean-up day. He said the last time the County had a clean-up day, there was excess capacity at the Landstrom Landfill, so it was decided the County would accept, without charge, the material the towns collected and brought in. Mr. Todd said if the tonnage that was collected in 1992 was applied to the County's cost of shipping to High Meadows, it would cost the Solid Waste Division $130,000. Therefore, the Committee has declined to offer a clean-up day. Mr. Meskill asked Mr. Todd if the resolutions he withdrew from the agenda will be placed on the first Board meeting agenda in October. Mr. Todd said this was very likely. Mr. Meskill said he will not be at the October 1 Board meeting and said he opposes the resolutions entitled Resolution Authorizing the Filing of an Application for a State Grant -In -Aid for a Municipal Waste Reduction and/or Recycling Project and Signing of the Associated State Contract, Under the Appropriate Laws of New York State and the resolution Establishing a Unit charge for the 1997 Annual Solid Waste Fee. He stated he does not understand why the figures are different when there is a Capital request for $765,000 and the grant is for $600,000. He said he does not feel the Board should set the Annual Fee prior to adopting a budget, especially when the Fee will be put on property tax bills. Ms. Kiefer reported that she had checked with the Solid Waste Manager, and the $600,000 figure is correct; the capital program budget will be changed. Report from the Rural Affairs Committee Mr. Proto, Chairman, reported the Committee will meet September 23 at noon. Representative Evans will attend this meeting to discuss stream maintenance. The Committee will also be discussing the budget request through the Economic Development Committee for a business development agent, and the next public forum. Mr. Proto said at the last meeting the Committee was given a presentation by Mr. Meskill, Chairman of the Public Safety Committee, and Jack Miller, Fire, Disaster and EMS Coordinator, 291 September 17, 1996 on emergency medical services and Public Health Law Article 30 and 30A. He said he has copies of this Article if any Board member is interested in one. Report from the Leadership Council Ms. Mink, Chair, reported the Commissioner of Personnel has extended an offer to someone to be Training Coordinator, and that person should begin in the next couple of weeks. She distributed a summarized version of the Council's implementation strategy for the Fall to Board members. She reported the Department of Social Services and Public Works Departments are making progress. Report from the Economic Development Committee Ms. Mink, Chair, reported the Economic Alliance will meet September 19 to come up with some final recommendations on how to best coordinate economic development in Tompkins County, and to look at the economic development strategy plan the Committee has been working on the last couple of months. Ms. Mink reported the Economic Development Committee will meet September 24 at 9 a.m. and will conduct budget reviews at that meeting. Report from the Charter Review Committee Mr. Lane, Chairman, reported the Committee will meet on September 24 and will be reviewing the draft report. Report from the Public Information Committee Mr. Joseph, Co -Chair, reported the public budget forum was held September 11 and all Board members were in attendance. The forum went well and was more successful than in years past. Mr. Joseph said the Committee is working on the next issue of County News. He reported he just attended a meeting with Julie Crowell, Public Information Coordinator, and a Planning Professor at Cornell University, to discuss having a class do an assessment of the County newsletter. Mr. Joseph said he has been asked about the status of the County Logo. This has been placed on hold while the Committee dealt with other projects. Report from the Electronic Future Committee Mr. Evans, Chairman, reported the Committee met on September 5. He said he was not in attendance, but received an excellent report on the meeting. He thanked Representative Blanchard for attending and speaking to the Committee. He said the Committee discussed the cable contracts/franchises and raised concerns about them. A subcommittee was created to work on some specific language on the public access to the Internet. This will be taken to the Intermunicipal Cable Commission once developed. The next meeting will be September 19 at 3:30 p.m. at the Tompkins County Public Library. Approval of Minutes of September 3. 1996 It was MOVED by Mr. Todd, seconded by Mr. Proto, and unanimously adopted by voice vote, to approve the minutes of September 3, 1996 with the corrections submitted by Representatives Kiefer and Proto. MINUTES APPROVED. Adjournment On motion the meeting adjourned at 7:52 p.m. 292 October 1, 1996 Regular Meeting Called to Order Chairman Stein called the meeting to order at 5:30 p.m. Pledge of Allegiance to the Flag and Roll Call of Members Members and guests participated in the Pledge of Allegiance to the Flag. Present: 14 Representatives (Representative Lane arrived at 7:27 p.m.); Excused: 1 (Representative Meskill). Presentation of Proclamation(s) Chairman Stein presented the following proclamations: Cornell Cooperative Extension Week and 4-H Week in Tompkins County - October 6-12, 1996, to Paul Bonparte-Krogh, Executive Director of Cornell Cooperative Extension; World Mental Health Day in Tompkins County - October 10, 1996, to Susan Downs Kehrli of the Mental Health Association in Tompkins County; and Disability Employment Awareness Month in Tompkins County - October, 1996, to Milton Goldstein, Executive Director of Challenge Industries. Privilege of the Floor by the Public Donald Lifton, Town of Ithaca resident and Member of Justice For All, spoke concerning the limit that has been placed on the length of time an individual may receive welfare. Mr. Lifton said he is the Spokesperson for other Justice For All Members in attendance. The group wore black arm bands to represent their grief at the loss of federal protection for our most needy persons, given the developments of recent legislation in Washington, D.C. Mr. Lifton said Justice For All is a nationwide organization that began as a response to two very sad trends in this Country. The first of those trends is the legitimization of prejudice and the second is the entrenchment of economic privilege at the expense of the environment and the poor, and in this case, countless children. He said October 1 is particularly noteworthy because today the countdown begins for limiting of all coverage on those who are the most in need. Mr. Lifton said Justice For All has distributed a copy of a draft resolution that they urge the Board to consider. Mr. Lifton read the following resolution and submitted same for the record. Draft Resolution WHEREAS, the gap between rich and poor in this country and in New York State is the greatest it has been since the 1920's, and is growing; and WHEREAS, experts project that the federal welfare law will plunge over one million additional American children into private within the next year and three to four million by the year 2000; and WHEREAS, there is a. job gap in New York State of 1 million jobs, according to the NYS Department of Labor; that is, one million more people who need work than there are jobs available; and WHEREAS, in the Southern Tier Region of New York State there is a job gap of over 13,000 j obs, and in Tompkins County a gap of about 1,100 jobs; now therefore BE IT RESOLVED, that the Tompkins County Board of Representatives calls upon the state government officials to take actions that will help to create both private and, if needed, public sector employment at a livable wage, so that jobs are available for all who seek work; and 293 October 1, 1996 BE IT FURTHER RESOLVED, the Tompkins County Board of Representatives calls upon state government officials to sustain the unique language of our state constitution that says "...the aid, care and support of the needy are public concerns and shall be provided by the state" and not attempt to shift that costs to the counties; and BE IT FURTHER RESOLVED, that the Tompkins County Board of Representatives urges the New York State Association of Counties (NYSAC) to lobby the state legislature and governor in support of the current constitutional commitments; and BE IT FURTHER RESOLVED, that the Tompkins County Board of Representatives urges NYSAC to coordinate a statewide response among all counties that prevents local governments from engaging in a "race to the bottom," denying basic assistance to those in need; and BE IT FURTHER RESOLVED, that the Tompkins County Board of Representatives calls upon state government officials to employee qualified, independent researchers to systematically track and report the short and long-term effects of the welfare changes on children and adults; and BE IT FURTHER RESOLVED, that whatever the outcome of these many efforts, Tompkins County commits itself to a humane response to those for whom government may be the only hope for sustenance. Chairman Stein thanked Mr. Lifton for his comments and said he will pass the resolution on to the Human Services and Human Resources Committee to review and respond. Privilege of the Floor by Board Members Mr. Evans, District No. 13 Representative, apologized to Representative Proto for comments he made at the last meeting in relation to Mr. Proto's changes to the minutes of September 3. He said he has reviewed the video from that meeting. Mr. Evans said what Mr. Proto said was he would like a report back by either Representative Kiefer, Representative Meskill, or the Health and Environmental Quality Committee. Mr. Evans reported on the resolution dealing with a computer request by the Criminal Justice Coordinator that was voted down at the September 17 Board meeting. He said a 386 computer has been delivered to the O.A.R. (Offender Aid Restoration) office. He reported the performance on the machine is slow at this time; however, a plan is in place to upgrade the memory of the machine to 8 megabytes in mid-October. At this time $534 has been spent on the machine. Mr. Joseph, District No. 12 Representative, thanked Justice For All for attending this meeting and for the information that have shared with the Board. Mr. Joseph said there is an assumption behind the welfare reform movement, which is that people on welfare don't want to work. He reported that there are 1,800 people in Tompkins County on unemployment and welfare; however, there were only 675 job openings in 1996. Mr. Proto, District No. 7 Representative, spoke of the sales tax amnesty week that will be held in January, 1997. He reported at the last Budget and Fiscal Policy Committee meeting, a proposal to eliminate the County sales tax for the same week was defeated. Mr. Proto said there are some Board members who will bring a resolution forth at the next meeting for consideration. The resolution will be filed as a Member Resolution, rather than on recommendation of a standing committee of the Board. Mr. Proto also reported that there will be a meeting of the Region 6 State Archives and Records Administration in Binghamton on October 17. He noted the week of October 14 is Archives Week in New York State. Special Orders of the Day The Solid Waste Division gave a presentation regarding the food waste composting project and how it relates to items on the agenda. Staff presented a narrative, with slides, and distributed a handout; 294 October 1, 1996 John Whitcomb and Tom Richards of Cornell were also present and answered questions on Cornell's role in this project. Presentation of Resolution(s) from the Solid Waste and Recvclin2 Committee RESOLUTION NO. 234 - RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION FOR A STATE GRANT-IN-AID FOR A MUNICIPAL WASTE REDUCTION AND/OR RECYCLING PROJECT NAMELY A FOOD WASTE COMPOSTING FACILITY UNDER THE APPROPRIATE LAWS OF NEW YORK STATE MOVED by Mr. Todd, seconded by Mrs. Livesay. It was noted the costs for the Food Waste Composting Project will be funded through tipping fees. A voice vote resulted as follows: Ayes - 13; Noes - 0; and Excused - 2 (Representatives Lane and Meskill). RESOLUTION ADOPTED. Mr. Stein noted that additional information will be provided at the time the Board is asked to accept the grant. WHEREAS, the State of New York provides financial aid for municipal waste reduction and municipal recycling projects (food waste composting), and WHEREAS, Tompkins County herein called the MUNICIPALITY, has examined and duly considered the applicable laws of the State of New York and the MUNICIPALITY deems it to be in the public interest and benefit to file an application under these laws, and WHEREAS, it is necessary that a Contract by and between THE PEOPLE OF THE STATE OF NEW YORK, herein called the STATE, and the MUNICIPALITY be executed for such STATE Aid, now therefore be it RESOLVED, on recommendation of the Solid Waste and Recycling Committee, 1. That the filing of an application in the form required by the State of New York in conformity with the applicable laws of the State of New York including all understanding and assurances contained in said application is hereby authorized. 2. That the Chairman of the Board or his designee is directed and authorized as the official representative of the MUNICIPALITY to act in connection with the application and to provide such additional information as may be required. 3. That the MUNICIPALITY agrees that it will fund its 50 percent portion of the projected $628,000 total cost of said Municipal Waste Reduction and/or Recycling Project (Food Waste Composting). 4. That five Certified Copies of this Resolution be prepared and sent to the New York State Department of Environmental Conservation, Albany, New York 12233-4015, together with a complete application. RESOLVED, further, That this resolution shall take effect immediately. SEQR ACTION: TYPE II -20 Ms. Kiefer noted she supports this project but wants to make sure that such a project does not interfere with the "scavenging" of useful foodstuffs from restaurants and supermarkets for distribution to the hungry. Addition of Resolution(s) to the Agenda There were no resolutions added to the agenda. 295 October 1, 1996 Withdrawal of Resolution(s) from the Agenda Chairman Stein gave the appropriate committee chairmen permission to withdraw the following resolution(s) from the agenda: - Appointment to the Industrial Development Agency - Establishment of Equipment Reserve Fund - Authorization to Execute an Agreement with the City of Ithaca for Payment in Relation to the Recycling and Solid Waste Center Withdrawal of Resolution(s) Not Requiring Board Action Chairman Stein gave the appropriate committee chair permission to withdraw the resolution entitled CA024-96 - Budget Adjustment - Airport from the agenda with final committee action being affirmed. Chairman's Report and Appointment(s) Chairman Stein reported that he would like to have an executive session after the meeting concerning property negotiations. The special committee appointed to review the purchase offer received for the Elmira Road parcel will provide the Board with a report. Chairman Stein announced the Veteran's Day Parade will be held November 10, 1996. Mr. Proto volunteered to take the responsibility of notifying the Veteran's Day Committee of the number of participants there will be from the County Board. Report by the County Administrator Mr. Heyman reported on welfare reform. He said he read in last Sunday's issue of the New York Times that a substantial cut in Federal money for casework services in county social services departments was going to go into effect today. He said he contacted Mary Pat Dolan, Tompkins County Commissioner of Social Services, to find out if that is something she anticipated in the budget process. Ms. Dolan said she was aware that was coming, so that loss of funding was factored into that Department's budget request. Mr. Heyman said when the new block grant funding arrives, it will be eligible to be used to provide some of the same things that Federal casework monies used to go for. Mr. Heyman said Florida and Connecticut have filed their plan with the Federal government to be covered under the new Welfare Reform Law. He said there is growing speculation that Governor Pataki will ask for a special session of the New York State Legislature after the November elections, to deal solely with the items needed to file the State's plan. Report by the County Attorney Mr. Theisen reported the case by Charles Anderson for Assigned Counsel was dismissed by the Federal court; the Judge agreed with the County's decision. Mr. Theisen reported he followed up on a question raised at the last Board meeting by Representative Evans concerning the Worker's Compensation cases regarding sick building. He said the attorneys for both sides have agreed to submit a legal question to be resolved before going further, that is, does what is complained of constitute an accident or an occupational disease; if it is an occupational disease, it is not covered by Worker's Compensation. After that ruling is made, a decision will be made whether or not to proceed. Report by the Finance Director 296 October 1, 1996 Mr. Squires said yesterday was the last day to pay taxes before being advertised. He said $800,000 has been received in the last three days; $1.9 million were eligible to be advertised. He said he will report where the County stands at the next meeting. He said foreclosure packets for 1994 and 1995 will be distributed to town halls and the court next week. Mr. Squires said his office has closed out the last year of the Solid Waste Annual Fee being maintained on County books. He reported there will be $200,000-300,000 that will have to be relevied. Approval of Resolution(s) Under the Consent Agenda RESOLUTION NO. 235 - AUTHORIZING A CONTRACT FOR INSPECTION SERVICES - RUNWAY REHABILITATION (PHASE I) CONSTRUCTION - TOMPKINS COUNTY AIRPORT MOVED by Mrs. Livesay, seconded by Mr. Evans, and unanimously adopted by voice vote by members present, under the Consent Agenda. WHEREAS, a contract was awarded on August 6, 1996, to Turnpike Construction, Inc., to proceed with the Runway Rehabilitation (Phase I), and WHEREAS, a Federal Aviation Administration (FAA) grant for construction and inspection of the Runway Rehabilitation (Phase I) project has been received, and WHEREAS, using a Scope of Services for the Inspection contract, an Independent Fee Estimate (IFE) was completed by the firm of Shumaker Engineers of Vestal, New York calculating the fee for inspection services should be $95,177.06, now therefore be it RESOLVED, on recommendation of the Transportation Services and Facilities Committee, That the County Administrator be and hereby is authorized to execute a contract with C&S Engineers, Inc., to provide inspection services for the Runway Rehabilitation Project (Phase I) for $90,212, and the budget appropriations shall be as follows: FAA Share (90.0%) Account No. 5610.4592 $81,190.80 State Share ( 5.0%) Account No. 5610.3592 $ 4,510.60 Local Share * ( 5.0%) Account No. 5610.5031 $ 4,510.60 Total Account No. 5610.9239 $90,212.00 * Paid from PFC revenues. RESOLVED, further, That the Finance Director is hereby authorized to advance monies until reimbursement is received from the FAA, New York State, and PFC's. SEQR ACTION: TYPE II -4 RESOLUTION NO. 236 - APPROVAL OF FUNDING FOR ADVISORY BOARD ON TOURISM DEVELOPMENT ROUND TWO DEVELOPMENT GRANTS MOVED by Mrs. Livesay, seconded by Mr. Evans, and unanimously adopted by voice vote by members present, under the Consent Agenda. WHEREAS, Tompkins County has a Development Grants program funded through the Room Occupancy Tax for tourism promotion and development, and WHEREAS, the Advisory Board on Tourism Development has solicited proposals and made recommendations regarding these proposals for the Board of Representatives to act upon, now therefore be it RESOLVED, on recommendation of the Economic Development Committee, That the following proposals are approved for funding in the 1996 Round Two Development Grants: 297 October 1, 1996 $3,250 to the DeWitt Historical Society for the Anne Frank exhibit, $2,500 to the Paleontological Research Institution for the Cayuga Lake Natural Heritage Trail Brochure RESOLVED, further, That the County Administrator or his designee be authorized to sign any contracts related to these grants. SEQR ACTION: TYPE I1-20 Report from the Health and Environmental Quality Committee Mr. Evans, Chairman, said the committee met September 26 and 27. At the September 26 meeting, the committee discussed the proposed pricing accuracy law and heard a presentation by Moniker Crispin of Cooperative Extension on the Agricultural Plan. He said the Agricultural Plan will be discussed further at the next meeting and invited members of the Planning, Community Development and Education Committee to attend. On October 16 the Agricultural and Farmland Protection Board will be discussing the Plan and Board members are invited to attend and comment. He said the committee began reviewing budgets September 26 and completed their review September 27. The next meeting is October 24. In addition, he announced a hearing to discuss proposed revisions to Section 6 of the Sanitary Code will be held October 21 at 7:30 p.m. at the Rice Conference Room. Report from the Budget and Fiscal Policy Committee Mr. Joseph, Chairman, reported that the proposed sales tax exemption for the week of January 18 on clothing and footwear law failed at committee as mentioned under privilege of the floor and reported in the Ithaca Journal. He said the committee asked the County Administrator to present following committee recommendations on the budget how he would recommend a zero tax increase. The committee will meet October 22 to review budgets and October 23 if needed. The regular meeting for October 8 has been canceled. Mr. Joseph also reported the Capital Program Committee will be meeting October 11 at 9 a.m. Report from the Human Services and Human Resources Committee Mrs. Livesay, Chair, reported the committee has not met. The committee will meet tomorrow at noon and will be prioritizing budgets. There will also be a discussion on the class action suit for tobacco which will take place at 1:30. She reminded Board members that the teleconference on Welfare Reform is tomorrow from 4:00-6:00 p.m. at Cooperative Extension. Report from the Public Safety Committee Mrs. Schuler, Vice Chair, said the committee completed budget reviews. The next meeting is October 7 at 2 p.m. Report from the Planning, Community Development and Education Committee Mrs. Schuler, Chair, said the committee will be meeting tomorrow morning at 10 a.m. to review budgets for the libraries. The next regular committee meeting is October 8. She announced the dedication of roadway to Dryden Dam is October 5 at 11 a.m. and the Anne Frank Story will be at the DeWitt Historical Society October 19 - November 16. 298 October 1, 1996 Ms. Kiefer requested a copy of the information compiled by the County Administrator on the County Library. Report and Presentation of Resolution(s) from the Solid Waste and Recycling Committee Mr. Todd, Chairman, said the committee meets tomorrow at 9:00 a.m. in Board Chambers. RESOLUTION NO. 237 - ESTABLISHING A REVISED UNIT CHARGE FOR THE 1997 SOLID WASTE ANNUAL FEE MOVED by Mr. Todd, seconded by Ms. Kiefer. Mr. Proto stated that in the event the food composting grant is not received, the County's $82,000 share should be reduced from the annual fee across the board for 1997. Mr. Stein said due to the time schedule, that may not be able to take place. Mr. Joseph spoke in opposition of the fee being proposed for nursing homes. Mr. Squires cautioned the Board that the proposed fee for nursing homes is based on staffs judgment to get these institutions to pay their bills to avoid litigation. A voice vote resulted as follows: Ayes - 9 (Representatives Blanchard, Evans, Kiefer, Livesay, Mink, Todd, Totman, Winch, and Stein); Noes - 4 (Representatives Davis, Joseph, Proto, and Schuler); Excused - 2 (Representatives Lane and Meskill). RESOLUTION ADOPTED. WHEREAS, Wholly Exempt Homes for the Aged and All Other Wholly Exempt Health Facilities (property classes 633 and 642 respectively) are currently charged for the Solid Waste Annual Fee in the categories "Other and Apartments," now therefore be it RESOLVED, on recommendation of the Solid Waste and Budget and Fiscal Policy Committees, That a new annual fee category, Wholly Exempt Homes for the Aged and Wholly Exempt Other Health Care Facilities, is hereby established, RESOLVED, further, That the following Billing Schedule, including the change above, is hereby established for the Solid Waste Annual Fee, and that the Solid Waste Annual Fee rate for 1997 will be determined in conjunction with adoption of the 1997 Tompkins County Budget: BILLING SCHEDULE ATTACHMENT A: SCHEDULE OF RATES PROPERTY CLASS "USED AS" CODE (A) Single-family residences Mobile Homes Churches 210,240,241,242,250,280, 270,271,416 Unit Charge: One Billing Unit per Church or living unit. Z32 (B) Two-family residences and other residences with two living units All 220's Unit Charge: Two billing units, except if verified as owner occupied and used as a single unit, the charge is One Billing Unit. (C) 299 October 1, 1996 Multi -unit residences: 3 or more units 230 Apartments: Rooming houses 418 2.5 beds = 1 Billing Unit Unit Charge: One Billing Unit per living unit. A01 -A07 (D) Colleges: All tax exempt parcels owned by the colleges Unit Charge: Tompkins -Cortland Community College Cornell University Ithaca College BOCES 118.1 Billing Units 3,566.4 Billing Units 540.3 Billing Units 519.1 Billing Units (E) Recreation and Warehouse (except row storage) Unit Charge: Total square footage multiplied by $0.021. All K's,Z01 thru Z11, Z19 thru Z26,F01 thru F04,F06,F07,F08,F 10, F11 (F) Wholly Exempt Homes for the Aged Wholly Exempt Other Health Care Facilities 633 642 (G) All Other All property classes and "used as" codes not listed elsewhere in a specific category. Unit Charge: Total square footage multiplied by $0.04. (H) Seasonal residences 260 Property must be classified as a seasonal residence by the Tompkins County Assessment Department. Unit Charge: One-half (1/2) Billing Units per living unit. (I) No fee assessed: Row Storage Non -contributive area Local government - all tax exempt parcels owned by the city, towns, villages, and county within Tompkins County. F05 Z98 SEQR ACTION: TYPE II -20 300 October 1, 1996 Report from the Transportation Services and Facilities Committee Ms. Blanchard, Chair, said the committee met September 18 and reviewed budgets. She reported on a Municipal Officials Association meeting she and Mr. Mobbs, Public Works Commissioner, attended. They discussed shared costs (80/20) for replacement of bridges on County roads. She said the next step is to see what formal action is needed. She provided Board members with copies of the draft proposal. She referenced a letter sent by Senator Seward to the Highway Manager thanking the County for the support in bringing the issue of Routes 34b and 38 to the attention of the appropriate officials. She encouraged Board members to attend the Dryden Dam ceremony on Saturday. She gave a brief report on the Planning Advisory Board. She said there have been discussions on how the Planning Advisory Board and the Planning Federation can work closely together. Report and Presentation of Resolution(s) from the Governmental Operations and Administration Committee Mrs. Livesay, Vice Chair, said the committee met September 16 and 25 to review budgets. The next meeting is October 7 to complete the budget review process. RESOLUTION NO. 238 - INCREASE OF HOURS OF POSITION, CONTRACTS COORDINATOR, DEPARTMENT OF ADMINISTRATION MOVED by Mrs. Livesay, seconded by Ms. Mink. Mr. Proto thanked the County Administrator for the information but said he is not persuaded to vote in favor of increasing the hours. A voice vote resulted as follows: Ayes - 12, Noes - 1 (Representative Proto), Excused - 2 (Representatives Lane and Meskill). RESOLUTION ADOPTED. WHEREAS, the County Administrator has recommended that additional time be devoted to administrative follow-through on reported incidents and accidents so that operational procedures can be reviewed and improved, resulting in fewer claims and lower payments from the both the worker's compensation and the self-insurance reserve funds, and WHEREAS, the Governmental Operations and Administration Committee has reviewed the results of providing this additional time for the last six months and has recommended that it be continued through the end of the year based on the work accomplished and the money saved, now therefore be it RESOLVED, on recommendation of the Governmental Operations and Administration Committee, That the position of Contracts Coordinator (63/338) competitive class be increased from 35.0 to 40.0 hours per week effective September 18, 1996 through December 31, 1996, RESOLVED, further, That no additional funding is needed for this change. SEQR ACTION: TYPE 11-20 Report and Presentation of Resolution(s) from the Human Services Building Construction Committee Ms. Mink, Chair, reported on the bid openings and noted that there were local bidders. The next meeting is October 3 at 9:00 a.m. RESOLUTION NO. 239 - AWARD OF BID - HUMAN SERVICES BUILDING CONSTRUCTION - CAPITAL PROJECT MOVED by Ms. Mink, seconded by Mr. Winch. Ms. Mink submitted the following fact sheet for the record: 301 October 1, 1996 HUMAN SERVICES BUILDING UPDATE Bids Awarded General Construction (7 bidders) Welliver McGuire, Inc. Elmira $2,796,000 Alternates Internal Mini Blinds 87,000 New High Density Storage 17,000 Block 14 Parking Improvements 24,000 Low Voc Carpet (14,300) $2,909,707 Heating, Ventilation & AC (7 bidders) Louis Picciano & Son, Vestal $1,147,500 Electrical Work (7 bidders) NELCORP, Endwell $ 599,000 Alternates Security Gate Controls 7,000 Credit Union Security System 3,000 $ 609,000 Plumbing Work (6 bidders) Louis Picciano & Son, Vestal $ 246,900 Telecommunications (4 bidders)G.O. Wick Inc., Elmira $ 279,000 Foundations & Structural Welliver McGuire, Inc., Elmira $1,043,000 $6,235,100 Budget Status Previously approved budget for building and parking: $6,763,672 Grand total for building and parking construction: $6,249,100 Construction Contingency $ 528,572 • No local firms bid on this project • Response to question about plans to hire local labor indicated that hiring will be based on availability from local trade unions • Schedule: Foundations December, 1996 Site Work October, 1997 Building March, 1998 Move in April, 1998 The Human Services Building, which is four stories on State Street and three on Seneca, will have 76 parking spaces on site with 66 provided on the next block. Construction of the building and parking is proceeding well within the capital project budget ($10,700,000 total) approved by the County Board last year. A voice vote resulted as follows on the resolution: Ayes - 12; Noes - 1 (Representative Proto); Excused - 2 (Representatives Lane and Meskill). " RESOLUTION ADOPTED. Ms. Kiefer asked for an update on the inquiry to energy efficiency firms to see if and how their technologies could be used for this building. Mr. Kazda said building specs were sent, and there have been no replies yet but there is still time to make use of information on photo voltaics and active and passive solar within the next four to six weeks. WHEREAS, the Tompkins County Finance Department has duly advertised for bids for general construction, electrical work, heating work, plumbing work, and tele -communications and data work for the Human Services Building project, and WHEREAS, thirty-one (31) bids were received and publicly opened and read on September 17, 1996, now therefore be it 302 October 1, 1996 RESOLVED, on recommendation of the Human Services Building Construction Committee, That the following bids for construction for the Human Services Building project be awarded: General Construction Welliver McGuire, Inc., Elmira $2,909,700.00 Heating Work Louis Picciano & Son, Vestal 1,147,500.00 Electrical Work NELCORP, Elmira 609,000.00 Plumbing Work Louis Picciano & Son, Vestal 246,900.00 Telecommunications Wick Electric, Elmira 279,000.00 TOTAL $ 5,192,100.00 RESOLVED, further, That a construction contingency of $528,572.00 be established, RESOLVED, further, That inspection services will be performed by the Tompkins County Division of Engineering and Thomas Associates and the County Administrator is authorized to sign contracts. SEQR ACTION: TYPE 11-20 Mr. Lane arrived at this time. Report from the Electronics Future Committee Mr. Evans, Chairman, said he did not have a report. The next meeting is this Thursday at 3 p.m. Report from the Public Information Committee Mr. Joseph, Co -Chairman, said the committee has not met. Report from the Charter Review Committee Mr. Lane, Chairman, said the committee met and discussed the draft report. The next meeting is October 11 at 2 p.m. Report from the Economic Development Committee Ms. Mink, Chair, said the committee met last Thursday. The committee reviewed budgets and will be discussing prioritizing at their next meeting. She reported the Economic Alliance Committee will be meeting Monday at noon at the Station Restaurant. Report from the Leadership Council Ms. Mink, Chair, said the Council meets this Thursday. She announced the name of the new Training Coordinator, Jerry Feist. Mr. Proto asked if Mr. Feist could be invited to a Board meeting to be introduced to Board members. Ms. Mink agreed and stated Mr. Feist will be invited to attend the next Board meeting. Report from the Library Improvement Committee Mrs. Schuler, Chair, said the committee is in the process of setting up their first meeting. Mr. Winch requested copies of reports and any other pertinent information concerning the Library. Report from the Rural Affairs Committee 303 October 1, 1996 Mr. Proto, Chairman, reported that the committee met a week ago. Representative Evans and Jim Skaley, Chief Natural Resources Planner, gave a presentation on the stream maintenance program. The committee is discussing holding more public forums. The next forum will be October 28 at the Dryden Fire Hall. The next meeting is October 21 at 8:15 a.m. Approval of Minutes It was MOVED by Mr. Proto, seconded by Ms. Davis, and unanimously adopted by voice vote by members present, to approve the minutes of the September 17 meeting with the change submitted by Representative Kiefer. MINUTES APPROVED. Recess Chairman Stein declared recess at 7:38 p.m. The meeting reconvened at 7:45 p.m. Executive Session It was MOVED by Mr. Proto, seconded by Mrs. Livesay, and unanimously adopted by voice vote by members present, to hold an executive session at 7:45 p.m. to discuss land negotiations. The meeting returned to open session at 8:25 p.m. Adjournment On motion, the meeting adjourned at 8:25 p.m. 304 October 15, 1996 Regular Meeting Called to Order Vice Chair Mink called the meeting to order at 5:30 p.m. Pledge of Allegiance to the Flag and Roll Call of Members Members and guests participated in the Pledge of Allegiance to the Flag. Ms. Mink, Vice Chair, said the tragedies which have touched the Hajney, Bolduc, and Henderson families in the last week have brought a close-knit community even closer, and made many of us think about how precious and fragile life is. Ms. Mink asked for a moment of meditation or prayer. Present: 14 Representatives (Representative Davis arrived at 5:33 p.m.); Excused: 1 (Chairman Stein). Presentation of Proclamation(s) Vice Chair Mink proclaimed the week of October 14-20, 1996, to be Breast Cancer Awareness Week in Tompkins County. The proclamation was presented to Andy Gladstone and Ned Ashta of the Ithaca Breast Cancer Alliance. Vice Chair Mink also proclaimed the week of October 13-19, 1996, to be Archives Week in Tompkins County. The proclamation was presented to Frank Proto, District No. 7 Representative, and Chairman of Region 6 of the New York State Department of Education, State Archives and Records Administration. Privilege of the Floor by the Public No one present from the public wished to speak. Cathy Covert, Clerk, read the following statement that was received from Guy VanBentschoeten, City of Ithaca, via phone call for the record: "The sales tax amnesty is more than symbolic. Give taxpayers a break or merchants and merchant dollars will go out of town. After Christmas should not be a governmental concern. There is a separation between church and state. In today's Ithaca Journal regarding the article about elected officials becoming appointed - this should be all or nothing. If that goes through, why not appoint the Board of Representatives and do away with the Board of Elections? The voters should choose." Privilege of the Floor by Board Members Mr. Meskill, District No. 15 Representative, reported he recently attended the New York State Realtors Convention in Rochester, New York, where Ginny Peo who is a Tompkins County resident, was awarded the New York State Realtor Associate of the Year Award. He said this is the first time a person from the Ithaca Board of Realtors has been so awarded. Ms. Davis, District No. 2 Representative, expressed condolences to the Henderson, Bolduc, and Hajney families. She announced there is a renewal and affirmation of hope and healing for our community - a candlelight vigil in remembrance of those who have passed, on Tuesday, November 7 from 5:45 - 8 p.m. 305 October 15, 1996 Mr. Proto, District No. 7 Representative, announced the Veteran's Day Parade will be held on November 10. He said if any Board member is interested in participating they should let the Clerk of the Board know. Mr. Lane, District No. 14 Representative, said he and Representative Totman discussed whether a public statement should be made concerning the recent events in Dryden, and they agree that enough has been said. He said the community coming together, the memorial services, the words of Father Hayes and the community, speak for themselves. Special Orders of the Day - Presentation on 1997-2001 Capital Program Mr. Joseph, Budget and Fiscal Policy Committee Chairman, said since he has been a Member of the Board, the Capital Program has always been adopted after the budget. He said this involves some of the largest spending the County does, and there has been a desire by Board members to learn more about the process. He noted that Capital Budget items are often not paid for until subsequent years, thus not affecting the immediate budget, but clearly having an effect on how much money is obligated in the future. Mr. Joseph said if any Board members have questions following this meeting there is time to get those questions answered. Mr. Joseph, Chair, Budget and Fiscal Policy Committee, gave a presentation on the proposed 1997 - 2001 Tompkins County Capital Program. Addition of Resolution(s) to the Agenda On motion of the appropriate committee chairman and duly seconded and unanimously adopted by voice vote by members present, the following resolution(s) were added to the agenda: Authorization to Execute Purchase Agreement and Quit Claim Deed, City of Ithaca Tax Parcel No. 35-2-7, 302 Hancock Street Withdrawal of Resolution(s) from the Agenda There were no resolutions to be withdrawn. Withdrawal of Resolution(s) Not Requiring Board Action Vice Chair Mink gave the appropriate committee chair permission to withdraw the resolution entitled CA025-96 - Budget Adjustments — Youth Bureau from the agenda with final committee action being affirmed. Vice Chair's Report and Appointment(s) Vice Chair Mink reported on the receipt of a memorandum from the State of New York Department of Public Service concerning a Study of Regulation of Cable Television Service in New York State. Ms. Mink forwarded this correspondence to Representative Lane who is a member of the Intermunicipal Cable Commission. Appointment(s) Vice Chair Mink had no appointment(s) Report from the Economic Development Committee 306 October 15, 1996 Ms. Mink, Chair, reported the Committee continues to streamline the economic development package. Report from the Leadership Council Ms. Mink, Chair, reported the Council met last week. She said the Training Coordinator will meet Board members at an upcoming meeting. Report from the Human Services Building Construction Committee Ms. Mink, Chair, reported the pile -driving has stopped and construction continues. The Committee will meet October 18 at 9 a.m. at the construction trailer. At that meeting brick size and carpet will be decided upon. Report by the County Administrator Mr. Heyman said in this month's issue of the "Governing" magazine it was reported that the County of Tompkins borrowed $23 million to build Kendal of Ithaca. Mr. Heyman said this was an IDA (Industrial Development Agency) project in which there was some IDA involvement with their bonding. He said the people who developed Kendal borrowed the money, and neither County nor the IDA is obligated for those obligations. Ms. Mink asked Mr. Heyman to submit a correction to that article. Report by the County Attorney Mr. Theisen reported the litigation against New York State by the Sheriff regarding the delay in transporting state -ready prisoners has been prepared and is being reviewed by the Sheriff before being filed. He also reported Conrail has had an assessment case going on for a long time against several counties, including Tompkins County, as a class action. He said the case was being defended by a few counties (Tompkins excluded) on behalf of the other counties. He said there appears to be a settlement going on to that matter. Mr. Theisen reported a Notice of Claim has been filed against the County by Marne Kirchgessner with respect to her termination of employment at the Human Rights Department. He said because of one of the issues in the claim, this case will not be discussed in public session Report by the Finance Director Mr. Squires distributed copies of the list of properties that are listed for foreclosure if back taxes are not paid by January, 1997. Mr. Squires reported on the close-out of the Annual Solid Waste Fee. He said there are approximately 1,800 unpaid bills, totalling $191,000, which will be relevied. This figure represents approximately five percent of the billing that was unpaid. Mr. Squires reported on third- quarter sales tax receipts. He said based upon his projections, the County will likely end up with approximately $250,000 less than last year. This will put the County approximately $100,000 below the sales tax budget for this year. Consent Agenda There were no resolution(s) or appointment(s) to be approved under the Consent Agenda. Presentation of Resolution(s) by the Governmental Operations and Administration Committee RESOLUTION NO. 240 - ONE-WEEK SALES AND USE TAX CLOTHING AND FOOTWEAR EXEMPTION 307 October 15, 1996 MOVED by Mr. Lane, seconded by Ms. Davis. Mr. Lane said he has brought this resolution forward as a Member -filed Resolution. He said since this resolution was defeated by the Budget and Fiscal Policy Committee, some WHEREAS' have been included that try to express some consternation. He said he hopes the prior vote in the Budget and Fiscal Policy Committee was a way of demonstrating to the State the County's dissatisfaction with the style of this legislation, the way it came about, and the period for which this test will be run. Mr. Lane said he hopes the Board will support this resolution so that our consumers can have the benefit of the sales tax reduction, and also to help businesses experience the sales and not have them taken away by other counties during this week. Mr. Winch said he feels this is the type of legislation that helps the people that "have", and hurts those who do not. He said if the New York State Legislature really wanted to help the people of New York State they should have picked the first week in December for the Holidays, or the second or third week in August to help parents with buying school clothes. Ms. Kiefer asked for her following comments to be included in the record: "I think it may be wise for New York State to eliminate sales and use tax on items of clothing and footwear that costs something less than $500, maybe $200 or $300. And they should consider it seriously. This particular piece of legislation really isn't serious. It's reported to be a test to see what consumers would do, but they picked a week which will reveal nothing useful. To test the week they chose in January after the holiday season when consumer's budgets are pretty well exhausted, is no real test and the only people that can take advantage of it are those people who are well-off. And it is in that context that I think the State proposal is a joke, it is designed to sound like it is offering us something and its really offering very little. Counties and cities were given the option of dealing with this, but the deadline was November 1st, so it was clear we would have to talk about it near election time, and that also was an unfortunate thing. It lets us feel good that we're doing something but it achieves very little. I made my position clear very early on in the Budget and Fiscal Policy Committee and because of the Ithaca Journal's editorial position, my position on this was certainly well publicized. I really expected to get phone calls or letters from people saying you're just wrong Dooley. I didn't hear anything and nothing has changed between the time of the Budget and Fiscal Policy vote and now to indicate to me that there is any reason for me to vote otherwise. The silence from my constituents I guess I have to read as they think its okay to take a principled stand, which is what I'm doing. What the Finance Director tonight pointed out, mainly that our sales tax revenues aren't as good as we had projected they would be, is yet one more reason not to vote for this. The Finance Director provided all Board members with an estimate which at best is a very rough estimate of how much we might lose as a County in this, and a low estimate may be $20,000. So contrasted with the $100,000 that we are going to be under budget in sales tax, I just hope my colleagues join me in voting against this." Mrs. Livesay said she also voted against this in the Budget and Fiscal Policy Committee, and agrees with the comments made by Representative Kiefer. She said there has been a great deal of discussion on the Ithaca Journal's Editorial page about this, most of which was ill-informed. She said she feels this is a no-win situation, and there is no principle here on any side of it. Mrs. Livesay said she has decided since the Budget and Fiscal Policy Committee meeting, to go ahead and support this because she feels it has been inflamed into something the public thinks is their right. She said over the past several years, the Assembly has passed legislation to remove tax from clothing items that are taxed, however, the Senate has refused to work with them on that. Mrs. Livesay said she plans to bring a resolution forward at the next meeting that will ask the State to review the sales tax legislation. Mr. Meskill said while some people have stated there may be some type of political ploy and poor judgment on the State's part, the bottom line is if we don't pass this we are not giving our residents and our merchants the best possible assurance of maintaining sales and dollars, and income. He said everyone has to realize this, despite being mad at the State. 308 October 15, 1996 Mrs. Schuler said all 62 New York State counties should have gotten together as one and said this is a ridiculous idea, but since there was not enough time to organize that she thinks this should be supported as this time, and hopes the merchants do all they can to market the week. Ms. Davis noted there was a letter in the Ithaca Journal that stated she had voted against this, and wanted to point out this was her first opportunity to vote on this resolution. She said she supports the comments that have been made. Mr. Proto said he feels this resolution levels the playing field so that the County is not sending the wrong signal or sending dollars out of the County. He said this money belongs to the residents. Mr. Joseph said there is not much money involved, and would this not be a great loss in revenue for the County or other local governments. He said this is the perfect issue in which to give the community whatever it wants. He said he voted against this in Committee, but will vote in favor of it now because he feels there has been enough response from the community saying it wants this. Mr. Todd stated he voted against this in the Budget and Fiscal Policy Committee meeting, and is glad the consensus of this Board recognizes it is bad legislation. He said he will not support bad legislation at the State level. A roll call vote on the resolution resulted as follows: Ayes - 12, Noes - 2 (Representatives Kiefer and Todd), Excused - 1 (Chairman Stein). RESOLUTION ADOPTED. WHEREAS, the State of New York has enacted legislation calling for a suspension of State sales tax on certain items of wearing apparel commencing January 18, 1997 and ending January 24, 1997, and which legislation also permits counties to suspend local sales taxes for the same period, and WHEREAS, the timing of such a sales tax suspension seems particularly inappropriate coming shortly after the traditional holiday sales period in December when many people will have difficulty taking advantage of the reduction for making purchases, and WHEREAS, other counties, including some adjacent to Tompkins County have indicated that they intend to participate in what is commonly referred to as the "Sales Tax Holiday", and WHEREAS, the Tompkins County Board of Representatives believes that County consumers and businesses should have the opportunity to participate in the "Sales Tax Holiday" as proposed by New York State. Consumers should enjoy the advantage of the temporary reduction in sales tax and businesses should enjoy the advantage of whatever increased sales can result therefrom, now therefore be it RESOLVED, That be it enacted by the Tompkins County Board of Representatives as follows: Section One: Receipts from sales of and consideration given or contracted to be given for purchases of clothing and footwear exempt from State sales and compensating use taxes pursuant to Paragraph 30 of Subdivision (a) of Section 1115 of the Tax Law shall also be exempt from sales and compensating use taxes imposed in this jurisdiction. Section Two: This resolution shall take effect immediately and shall apply to sales made and uses occurring during the period commencing January 18, 1997, and ending January 24, 1997, although made or occurring under a prior contract. SEQR ACTION: TYPE II -20 Report and Presentation of Resolution(s) from the Governmental Operations and Administration Committee Mr. Lane, Chairman, reported the Committee met on October 11. The Committee has spent a lot of time discussing cable issues and the issue of access. He said the Committee reviewed a proposal from 309 October 15, 1996 the Public Information Committee staff members about whether they should propose to the County Cable Commission the idea of the County taking over production of the governmental and access television. He said this is still being reviewed. Mr. Lane said the Committee reviewed a memorandum from the County Attorney that had to deal with the issue of having a historical archive which the Committee has been discussing. He said the Committee will be looking again at the issue of mileage logs for County vehicles. He said the Committee has asked the County Administrator to come back with a revised policy. Mr. Lane requested an executive session to discuss property negotiations. Mr. Totman asked if there is anything that can be done about the language and behavior that appears on the cable access channel. Mr. Lane said he believes this will be discussed again by the Cable Commission at the next meeting. RESOLUTION NO. 241- COUNTY CLERK FEE, CERTIFICATE OF REDEMPTION MOVED by Mr. Lane, seconded by Mr. Evans. A voice vote resulted as follows: Ayes - 13, Noes - 1 (Representative Meskill), Excused - 1 (Chairman Stein). RESOLUTION ADOPTED. WHEREAS, the County Clerk is entitled to collect a fee when a record relating to real property is filed in her office (CPLR Section 8021 [a]), and the County Clerk will be entitled to collect a fee when the County's Enforcing Officer files either a Certificate of Redemption or a Collective Statement of Redemptions (RPTL Sections 1110, 1122 [10], now therefore be it RESOLVED, on recommendation of the Governmental Operations and Administration and the Budget and Fiscal Policy Committees, That the County Enforcing Officer shall credit the Unallocated Revenue Account (A999) with the sum of $5 for each Certificate of Redemption or for each property contained in a Collective Statement of Redemptions, commencing with the Tax Foreclosure Proceedings of November, 1996. SEQR ACTION: TYPE II -20 RESOLUTION NO. 242 - AUTHORIZATION TO EXECUTE PURCHASE AGREEMENT AND QUIT CLAIM DEED, CITY OF ITHACA TAX PARCEL NO. 35-2-7, 302 HANCOCK STREET MOVED by Mr. Lane, seconded by Ms. Davis. John Katz, Ithaca resident, said he is trying to get the house in question. He is very interested in putting down firmer roots in the community. He said he is interested in living in the house with his family. In the past he has been involved in various community activities, and feels some of things he would like to base at his house would be of great benefit to the community. It was MOVED by Mr. Joseph, seconded by Mr. Meskill, and unanimously adopted by voice vote by members present, to postpone this resolution until after executive session. Report from the Health and Environmental Quality Committee Mr. Evans, Chairman, reported the Committee has not met since the last Board meeting. The next meeting will be October 24 at 9:30 a.m. At that meeting the Agriculture and Farmland Protection Plan will be discussed. The pricing accuracy law will also be discussed at that meeting. Mr. Evans said the November meeting will be rescheduled. Report from the Budget and Fiscal Policy Committee Mr. Joseph, Chairman, reported the Committee has not met since the last Board meeting. The Committee will meet on October 22 to begin budget deliberations. He said a summary of where things 310 October 15, 1996 stand will be placed in Board member's boxes tomorrow. The summary will contain results of program committee actions, as well as a scenario from the County Administrator showing one possible way to produce a budget with no property tax increase. Report from the Human Services and Human Resources Committee Mrs. Livesay, Chair, reported the Committee met on October 2 and was able to do budget prioritization in addition to regular monthly business. The next Committee meeting will be November 6 at noon. Ms. Kiefer asked for the status of the Justice For All resolution. Mrs. Livesay said this will be placed on the next agenda. Report from the Public Safety Committee Mr. Meskill, Chairman, reported the Committee had a brief meeting last week. He requested an executive session to discuss negotiations with the new corrections unit. He reported on October 2 the Public Service Commission ruled in favor of the County in relation to the E911 proposal from the standpoint that the County does not have to pay the three cents per -line access charge, except for the non- public numbers. Report from the Planning, Community Development and Education Committee Mrs. Schuler, Chair, reported the Committee met on October 8 and spent a lot of time discussing the disposition of County lands, and has moved this on to another committee. She said the Committee had an update on the Waterfront Project and agriculture and farmland. Mrs. Schuler said on October 17 at noon a representative from the Department of State Coastal Zone will be at the Chamber of Commerce to talk about the Waterfront Revitalization Plan. On October 5th a groundbreaking was held for the access road to the Virgil Creek project. The Planning Advisory Board will be meeting on October 25 at 9 a.m. to discuss the TCAD (Tompkins County Area Development) Infrastructure Report that was prepared and presented in 1994 for TCAD and the County. Mr. Meskill said it has become clear to him that the County's Land Policy does not address any economic action or a cause and effect action (negative or positive) in relation to economics. He asked that this be addressed. Mrs. Schuler said the Committee has reviewed this and has forwarded this issue to the Governmental Operations and Administration Committee. Vice chair Mink confirmed this action. Report from the Solid Waste and Recycling Committee Mr. Todd, Chairman, reported the Committee met on October 2, and most of the items on the agenda were ongoing projects the Solid Waste Division has been dealing with. Mr. Todd said the Committee decided to close the rural recycling drop-off centers in Lansing, Groton, and Caroline at the end of the year because they feel this is a duplication of service with the curbside collection. He urged anyone who is not receiving the recycling pickup service, to contact the Solid Waste Division. Mr. Meskill asked how much the closing of these drop-off centers would save the County annually. Mr. Todd said approximately $33,000. Report from the Transportation Services and Facilities Committee Ms. Blanchard, Chair, reported the Committee met on October 2 and concluded budget reviews. She The next meeting will be October 16 at 8 a.m. She asked that all Committee members be on time for that meeting because of a very busy agenda, and said there will be an executive session to discuss personnel matters. Ms. Blanchard invited Board members to attend a ribbon -cutting ceremony for the 311 October 15, 1996 newly constructed Brown Road on October 22 at 10 a.m. at the intersection of Brown Road and Culligan Drive. Report and Presentation of Resolution(s) from the Economic Development Committee Ms. Mink, Chair, had no report. RESOLUTION NO. 243 - AUTHORIZATION TO ADVANCE STATE MATCHING FUNDS TO TOMPKINS COUNTY CHAMBER OF COMMERCE MOVED by Mr. Proto, seconded by Ms. Davis, and unanimously adopted by voice vote by members present. WHEREAS, Tompkins County has authorized the Tompkins County Chamber of Commerce as the Tourism Promotion Agency (TPA) for the County, and WHEREAS, the Tompkins County Chamber of Commerce has applied for Empire State Development Corporation matching funds on behalf of the County's tourism program, and WHEREAS, in order to access the State matching funds, it is required that the Chamber of Commerce have the local matching share available to it at the time of application, now therefore be it RESOLVED, on recommendation of the Economic Development Committee, That Tompkins County be authorized to forward $48,146 in matching funds for the State program, RESOLVED, further, That these funds are part of the 1997 allocation of funds from the Room Occupancy Tax for the Tompkins County Chamber of Commerce, RESOLVED, further, That these funds are covered under the three-year agreement between the County and the Chamber of Commerce for tourism promotion. SEQR ACTION: TYPE II -20 Report from the Electronic Future Committee Mr. Evans, Chairman, reported the Committee met on October 3, and spent the majority of the meeting discussing concerns that have been raised regarding the cable franchise. He said he has sent a letter to Ben Curtis, Chair of the Intermunicipal Cable Commission, outlining those concerns and requesting that a subcommittee of the Electronic Future Committee speak to the Commission at its October 16 meeting. The next Committee meeting will be October 17 at 3 p.m. Report from the Public Information Committee Mr. Joseph, Co -Chair, reported the Committee met this morning and discussed the next issue of the County News which will focus on the proposed 1997 budget. He said the Committee will be having an evaluation of the readership of the County news done by a Cornell class. Report form the Charter Review Committee Mr. Lane, Chairman, reported the Committee is continuing to rework the Committee's draft report. This report is not ready for distribution at this time. The next meeting will be October 23 at 3 p.m. Mr. Totman spoke of the article that appeared in today's issue of the Ithaca Journal, and said he has been approached by several people about it. He said he has told people that he thought it was a misrepresentation as far as he is concerned, because nothing has been decided on by the Board. Mr. Lane said this is correct and at this point, the Committee has made no recommendations. 312 October 15, 1996 Report from the Library Improvement Committee Mrs. Schuler, Chair, reported a meeting was held last Thursday and the Committee is beginning its charge at looking at the recommendations from the consultant. The next meeting will be October 16 at noon. Report from the Rural Affairs Committee Mr. Proto, Chairman, reported the Committee will meet October 21 at 8 a.m. to discuss the format for the public forum that will be held in Dryden on October 28. Approval of Minutes of October 1. 1996 It was MOVED by Mr. Proto, seconded by Mr. Evans, and unanimously adopted by voice vote by members present, to approve the minutes of October 1, 1996 with corrections submitted by Representative Kiefer. MINUTES APPROVED. Executive Session It was MOVED by Mr. Meskill, seconded by Mr. Totman, and unanimously adopted by voice vote by members present, to enter into executive session at 7:22 p.m. to discuss real estate and contract negotiations. The following motion was taken in executive session: It was MOVED by Mrs. Livesay, seconded by Ms. Kiefer to authorize the sale of 302 Hancock Street to Jon Katz for the sum of $25,000. A voice vote resulted as follows: Ayes - 12, Noes - 2 (Representatives Todd and Winch), Excused - 1 (Chairman Stein). MOTION CARRIED. The meeting returned to open session at 8:08 p.m. RESOLUTION NO. 242 - AUTHORIZATION TO EXECUTE PURCHASE AGREEMENT AND QUIT CLAIM DEED, CITY OF ITHACA TAX PARCEL NO. 35-2-7, 302 HANCOCK STREET It was MOVED by Mr. Lane, seconded by Ms. Davis. It was MOVED by Mr. Winch, seconded by Mr. Todd to ask the two parties who both submitted the high bid of $25,000, if either wished to raise their bid. This motion failed by voice vote. A voice vote on the resolution resulted as follows: Ayes - 12, Noes - 2 (Representatives Todd and Winch), Excused - 1 (Chairman Stein). RESOLUTION ADOPTED. WHEREAS, Tompkins County acquired City of Ithaca tax parcel no. 35-2-7, 302 Hancock Street, through foreclosure, and WHEREAS, the said parcel has been reviewed by the Tompkins County Department of Planning pursuant to the Land Policy and that Department has recommended its sale, and WHEREAS, said parcel has been exposed to public bidding through being multiple listed through Warren Real Estate, now therefore be it RESOLVED, That the County Administrator is authorized and directed to execute a purchase agreement and deed conveying City of Ithaca tax parcel no. 35-2-7 to Jon Katz, now of 503 North Plain Street, Ithaca, New York, for the sum of $ 25,000. SEQR ACTION: TYPE II -21 313 October 15, 1996 Adjournment On motion the meeting adjourned at 8:10 p.m. 314 November 6, 1996 Regular Meeting Called to Order Chairman Stein called the meeting to order at 5:32 p.m. Pledge of Allegiance to the Flag and Roll Call of Members Members and guests participated in the Pledge of Allegiance to the Flag. Present: 15 Representatives. Presentation of Proclamation(s) Chairman Stein presented a proclamation declaring the month of November, 1996, to be Hospice Month in Tompkins County. Presentation of Chairman's Commendations groups: Chairman Stein recognized and presented commendations to the following individuals and/or • Kathy Torres, City of Ithaca Police Officer • Recognition of the Tompkins County Environmental Management Council, presented to Ed Cope, Lynn Leopold, Katherine Borgella, and Herb Engman. • Wes Sommerville, Trumansburg Central School Basketball Coach • James Overhiser, Groton Middle School Teacher • Nancy Ridenour, Ithaca High School Science Teacher Privilege of the Floor by the Public No member of the public wished to speak. Privilege of the Floor by Board Members Mr. Proto, District No. 7 Representative, reminded the Board the Veteran's Day Parade will be held on Sunday, November 10 and the ceremony will take place on Monday, November 11. He said about a month ago he received a document entitled the Human Services Building Update, which had a series of numbers on it as a result of the recent bid awards. He said the statement "no local firms bid on this project" appeared on the document. Mr. Proto said he repeated this statement in public and was contacted by Dick Robertson of Welliver and McGuire who informed him his firm bid on the project. Mr. Proto said the Welliver and McGuire firm is a local firm out of Elmira, and has an office in Ithaca and pays Tompkins County taxes. Mr. Proto informed Mr. Robertson that he would clarify this with the Board and apologized for making the statement. Mr. Meskill, District No. 15 Representative, referred to a news article that appeared in the November 2nd issue of the Ithaca Journal in regard to City of Ithaca Mayor Cohen telling the County it has to look hard at spending $200,000 to maintain youth programs in Tompkins County because the participating levels are different now than they were before. Mr. Meskill said he has reservations and concerns by this type of action by the Mayor at a time when there is a great effort underway to establish a partnership with municipalities. He feels this type of action takes a step backwards in this effort. 315 November 6, 1996 Mrs. Livesay, District No. 11 Representative and Chair of the Human Services and Human Resources Committee, said a meeting was held last Wednesday morning after the Mayor had written to the Chairman of the Board concerning the youth programs. She said several people from City and the County were in attendance to discuss this issue. She said Youth Bureau staff has been asked to go back to the Tompkins County Youth Board and ask that they help advise the County in this matter. Mrs. Livesay said the Youth Board will meet tomorrow and that information should be available for the November 8 Budget and Fiscal Policy Committee meeting. Mr. Joseph, District No. 12 Representative and Chairman of the Budget and Fiscal Policy Committee, said the Mayor's assertion is that the City pays for 60 percent of the cost of these programs and only has 40 percent of the children enrolled in the programs. He said the Mayor has a difficult budget to put together and it is within his right to say he does not feel the City can fund these services any longer. Mr. Joseph said these are programs that perform a valuable function, and the County will have to decide on priorities. Representative Proto said that at the November 4 meeting of the Rural Affairs Committee the Committee decided it would contact the various municipal officials about this issue. Representative Todd said he would like to have documentation of the 60-40 split with the City, including the total amount of dollars that are transferred from the County's youth program to the City's youth program. Mr. Totman, District No. 9 Representative, said a look should be taken into whether some of these services can be performed at other sites, and also whether there is currently a duplication of any of these services. Special Orders of the Day Mary Pat Dolan gave a presentation on the impact of Welfare Reform and what it means to Tompkins County. She said under Federal Welfare Reform, nearly all assistance is temporary, work is required in return for assistance, citizens receive greater benefits than non -citizens, and fewer people are considered disabled. Ms. Dolan said it shifts in a very dramatic way, the focus of authority for welfare programs from the Federal government to the State. She stated copies of her presentation are available upon request. Addition and/or Withdrawal of Resolution(s) from the Agenda There were no resolutions added or withdrawn from the agenda. Chairman's Report and Appointments Chairman Stein extended happy birthday wishes to Representatives Proto and Joseph who recently celebrated birthdays. Chairman Stein requested an executive session to discuss land negotiations. Chairman Stein reported he received notice about a hearing and presentation that will be held concerning individual utility plan. This is in regard to the restructuring of the State's electric industry. He said the hearing will be an opportunity to learn about electric restructuring and rate plans that were filed by October 1st by five of the State's seven utilities, and to receive public comment on the specific plans. These sessions for NYSEG (New York State Electric and Gas) will be held in Binghamton on December 11 at 6 p.m., and in Elmira on December 12 at 6 p.m. Appointment(s) Chairman Stein appointed Joseph Jelinski and Douglas Foster to the Electronic Future Committee. Report from the County Administrator 316 November 6, 1996 Mr. Heyman reported the Governor's Quality Standards/Innovative Applications Report is now being implemented by the Commissioner of Civil Service. The Report provides that the traditional point - by -point scoring system is being phased out, and is being replaced entirely by the use of ban scoring for all Civil Service examinations. He said this means the point -by -point scores of a group can be considered functionally equivalent. This will greatly expand the number of persons that an individual making an appointment can select among. Report from the County Attornev Mr. Theisen reported the case against the Commission of Correction has been sent to Albany. Mr. Theisen requested an executive session to discuss pending litigation. Report from the Finance Director Mr. Squires reported the County received notification of an increase in insurance costs in 1997. (Mr. Joseph reported on this in Budget and Fiscal Policy Committee report.) Approval of Resolution(s) Under the Consent Agenda It was MOVED by Mr. Evans, seconded by Mrs. Livesay, and unanimously adopted by voice vote, to approve the following resolution(s) under the Consent Agenda: RESOLUTION NO. 244 - APPROVAL OF TOMPKINS COUNTY AREA DEVELOPMENT'S FUNDING REQUEST FOR THE ITHACA BUSINESS INNOVATION CENTER MOVED by Mr. Evans, seconded by Mrs. Livesay, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, the creation and expansion of small, technology -oriented companies is an important component of a countywide economic development strategy, and WHEREAS, the delivery of intensive technical and incubator -type services to these companies is critical to their success, and WHEREAS, Tompkins County Area Development's Ithaca Business Innovation Center proposal is recognized as an appropriate and cost-effective means to deliver these services to small companies throughout the County, now therefore be it RESOLVED, on recommendation of the Human Services and Human Resources, Economic Development and Budget and Fiscal Policy Committees, That the Tompkins County Board of Representatives approves the commitment of $40,000 for the Business Innovation Center for the first year of operation, RESOLVED, further, That this first year of funding support is contingent upon funding support of $40,000 from Cornell University and $43,000 from the Appalachian Regional Commission, RESOLVED, further, That it is understood that Tompkins County Area Development will be seeking funding of a total of $60,000 per year from both Tompkins County and Cornell University in years two and three of the program, RESOLVED, further, That no money will be spent until the Appalachian Regional Commission Grant is approved. SEQR ACTION: TYPE 11-20 317 November 6, 1996 RESOLUTION NO. 245 - APPROVAL OF HUMAN SERVICES COALITION FUNDING REQUEST FOR THE COLLABORATIVE COMMUNICATIONS PROJECT MOVED by Mr. Evans, seconded by Mrs. Livesay, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, the coordination of and the creation of cooperative projects within the human services community of Tompkins County is an important goal in delivering efficient, cost-effective services, and WHEREAS, it is important that agencies have compatible equipment and software to perform their basic tasks, to network internally and to access the Internet, to participate in sharing of needs, information, opportunities for joint staff training and community outreach, and WHEREAS, the Human Services Coalition's Collaborative Communications Project proposal is recognized as an appropriate and cost-effective way to coordinate these activities throughout the County, now therefore be it RESOLVED, on recommendation of the Human Services and Human Resources, Economic Development, and Budget and Fiscal Policy Committees, That the Tompkins County Board of Representatives approves the commitment of $38,000 for the Collaborative Communications Project, RESOLVED, further, That this funding support is contingent upon award of the grant from the Appalachian Regional Commission, RESOLVED, further, That no money will be spent until the Appalachian Regional Commission Grant is approved. SEQR ACTION: TYPE 11-20 RESOLUTION NO. 246 - AUDIT OF FINAL PAYMENT - LIBRARY RENOVATIONS - AARON COHEN ASSOCIATES MOVED by Mr. Evans, seconded by Mrs. Livesay, and unanimously adopted by voice vote under the Consent Agenda. RESOLVED, on recommendation of the Transportation Services and Facilities 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 Aaron Cohen Assoc. 4 (Final) 11131641.9239 $915.00 RESOLVED, further, That the Finance Director be and hereby is authorized and directed to pay said claim from Account No. HB 1641.9239. SEQR ACTION: TYPE 11-20 Approval of Appointments Under the Consent Agenda It was MOVED by Mr. Evans, seconded by Mrs. Livesay, and unanimously adopted by voice vote, to approve the following appointments under the Consent Agenda: Library Board of Trustees - terms expiring December 31, 1999 Laurie Linn Dorothy Reddington County Planning Advisory Board - expiration date to be determined Robert L. Todd - agriculture representative 318 November 6, 1996 Ms. Kiefer noted that by now everyone should be using the revised resume forms. Report and Presentation of Resolution(s) from the Health and Environmental Quality Committee Mr. Evans, Chairman, reported the Committee met on October 23 and again before this meeting. At the meeting on October 23 the Committee heard a report from the Agricultural and Farmland Protection Board on agriculture in Tompkins County. This report will be given to the full Board on December 3. Mr. Evans said the Committee received a report from the Health Department on the Certified Home Health Agency, and a resolution on the agenda reflects that discussion. The Committee also discussed an amendment to the administrative policy for risk management and safety. This issue will be discussed further by the Committee. Mr. Evans said the Committee made a decision to not extend the Newfield Forest contract past December 31. He stated it is important to note the contractor for that process had two full years to complete the process, and that should be sufficient time. The next Committee meeting has been rescheduled to December 12 at 9:30 a.m. RESOLUTION NO. 247 - CREATION OF COUNTY CLINICAL NURSE POSITIONS - HEALTH DEPARTMENT MOVED by Mr. Evans, seconded by Ms. Kiefer. Mr. Totman said he would like to see a written explanation as to the reason the Visiting Nurse Service does not wish to continue its contract with the County. A voice vote on the resolution resulted as follows: Ayes - 14, Noes - 1 (Representative Totman). RESOLUTION ADOPTED. WHEREAS, the Visiting Nurse Service of Ithaca and Tompkins County at their initiative, will be terminating the twenty-four (24) hour on-call contract with the Tompkins County Health Department as of December 1, 1996, and WHEREAS, the Health Department Certified Home Health Agency is required to provide twenty-four (24) hour nursing coverage for phone and visit consultation by the New York State Department of Health, and WHEREAS, our existing staff have been providing a majority of the on-call needs if a back-up person or per -diem pool was available, and WHEREAS, the Health Department proposes to create 4.5 FTE's (35 hours per week) of County Clinical Nurses, not to exceed 8,190 hours per year, to assist in meeting the twenty-four (24) hour coverage, and WHEREAS, the hours will only be used as needed for billable revenue generating visits, now therefore be it RESOLVED, on recommendation of the Health and Environmental Quality Committee, That 4.5 FTE's of County Clinical Nurse II (15/703), labor grade 0 (15), competitive class be created effective November 7, 1996, RESOLVED, further, That no additional funding is required for this proposal in the 1996 and 1997 budget. SEQR ACTION: TYPE II -20 RESOLUTION NO. 248 - CREATION AND ABOLITION OF POSITIONS - WIC PROGRAM MOVED by Mr. Evans, seconded by Ms. Kiefer, and unanimously adopted by voice vote. WHEREAS, the Women, Infant and Children's (WIC) Supplemental Nutrition Program is funded by the United States Department of Agriculture and the New York State Department of Health, and no local funds are involved, and 319 November 6, 1996 WHEREAS, the WIC Program has had a three percent budget cut in fiscal year 1996 and a six percent cut in fiscal year 1997, and the State WIC Program has recommended streamlining program operations wherever possible, and WHEREAS, one position of Health Aide is no longer performing blood -testing functions because of a reorganization of staff and clinic duties and all remaining duties are on a Senior Clerk level, now therefore be it RESOLVED, on recommendation of the Health and Environmental Quality Committee, That one (1) position of Health Aide (08/654), labor grade H (08), competitive class be abolished effective October 4, 1996, RESOLVED, further, That one (1) position of Senior Clerk (07/518), labor grade G (07), 35 per week, competitive class be created effective October 4, 1996, RESOLVED, further, That this will have no affect on the County's Budget for 1996 and 1997. SEQR ACTION: TYPE II -20 RESOLUTION NO. 249 - ASSERTING INTEREST OF COUNTY TO BE PART OF THE CLASS REPRESENTED IN LAWSUIT AGAINST TOBACCO COMPANIES MOVED by Mrs. Livesay, seconded by Mr. Evans. It was noted that by voting on this resolution, it does not commit the County to spending any money, and the Board would have to approve the allocation of any funds. It was MOVED by Mr. Proto, seconded by Mr. Totman to postpone action on this resolution to the year 2000. A voice vote on the motion resulted as follows: Ayes - 2 (Representatives Proto and Totman); Noes - 13. MOTION FAILED. A voice vote on the resolution resulted as follows: Ayes - 12, Noes - 3 (Representatives Proto, Todd, and Totman). RESOLUTION ADOPTED. WHEREAS, Erie County intends to file a class action lawsuit on behalf of all New York State Counties against tobacco companies to recover money for Medicaid expenditures, and WHEREAS, they have asked other Counties to be part of the class of County plaintiffs they seek to establish, and WHEREAS, this case has been taken on a contingent basis so that no County funds will be needed, now therefore be it RESOLVED, on recommendation of the Human Services and Human Resources and Health and Environmental Quality Committees, That Tompkins County welcomes Erie County's initiative and agrees to be part of the class of County plaintiffs, RESOLVED, further, That the County shall notify the Erie County Attorney of its desire to belong to the class. SEQR ACTION: TYPE II -20 Report and Presentation of Resolution(s) from the Human Services and Human Resources Committee Mrs. Livesay, Chair, reported the Committee met today and had a presentation from the Department of Social Services on changes in the Child Support Program. She reported the Committee took action on the Justice For All resolution and another resolution extending the amount of money that one can earn for the partial exemption of real property. These resolutions will come before the Board at the next meeting. The Annual Plan for the Office for the Aging was also reviewed, and is available for Board members to review. Mrs. Livesay reported the Human Rights Commission has been working on preparing a request for proposals for the search conference, and this will be discussed at the next Committee meeting. The next meeting will be December 4 at noon. 320 November 6, 1996 RESOLUTION NO. 250 - APPROPRIATION FROM CONTINGENT FUND - TERMINAL PAY - HUMAN RIGHTS MOVED by Mrs. Livesay, seconded by Ms. Davis. A short roll call vote resulted as follows: Ayes - 13, Noes - 2 (Representatives Meskill and Proto). RESOLUTION ADOPTED. WHEREAS, three members of the Human Rights Department have received Terminal Pay during 1996 at a total cost of $16,045, and WHEREAS, Section 5.03 (B) of the County Fiscal Policy describes Departmental Entitlements including contingent fund requests for the unbudgeted cost of terminal pay for employees, and WHEREAS, costs were incurred in moving the new Director to Tompkins County in the amount of $1,488, now therefore be it RESOLVED, on recommendation of the Human Services and Human Resources and Budget and Fiscal Policy Committees, That the following budget appropriation be made, FROM: A1990.4400 Contingency Fund $17,533 TO: A8040.1284 Director - Human Rights $ 8,695 A8040.1263 Investigator, Human Rights 3,505 A8040.1671 Secretary 636 A8040.8800 Fringe Benefits 3,209 A8040.4465 Job Necessitated Travel & Trng. 1,488 RESOLVED, further, That the authority to reappropriate unspent funds in the subsequent year is automatically reduced by $1,488 in moving costs, described in paragraph (A) under Section 5.03 of the Fiscal Policy as a "Discretionary Expense". RESOLVED, further, That this adjustment is for 1996 only and does not affect the Fiscal Target for 1997. SEQR ACTION: TYPE 11-20 RESOLUTION NO. 251- APPROPRIATION FROM CONTINGENT FUND - TERMINAL PAY - OFFICE FOR THE AGING MOVED by Mrs. Livesay, seconded by Ms. Davis. A short roll call vote resulted as follows: Ayes - 15, Noes - 0. RESOLUTION ADOPTED. WHEREAS, a member of the Office for the Aging staff has received Terminal Pay during 1996 at a total cost of $2,149, and WHEREAS, Section 5.03 (B) of the County Fiscal Policy describes Departmental Entitlements including contingent fund requests for the unbudgeted costs of terminal pay for employees, now therefore be it RESOLVED, on recommendation of the Human Services and Human Resources and Budget and Fiscal Policy Committees, That the following budget appropriation be made: FROM: A1990.4400 Contingency Fund $2,149 TO: 6782.1559 Salary, Aging Services Specialist $1,719 6782.8800 Fringes, Aging Services Specialist $ 430 RESOLVED, further, That this agreement is for 1996 only and does not affect the Fiscal Target for 1997. SEQR ACTION: TYPE II -20 Report and Presentation of Resolution(s) from the Transportation Services and Facilities Committee 321 November 6, 1996 Ms. Blanchard, Chair, reported the Committee has met twice since the last Board meeting. At the meeting on October 16 the Committee heard a presentation from Egner Associates and some TC3 (Tompkins Cortland Community College) representatives concerning a TC3 room that will be constructed at the Airport. This will give TC3 a greater presence in the community. The cost of this will be paid for by TC3. She said the Committee discussed some improvements to the Airport security service, and said a new RFP (Request for Proposals) will include a uniform requirement, customer - service training, and improve pay scales. She said these things, along with security checks, should provide the Airport with professional airport security. Ms. Blanchard said the Committee reviewed a proposed amendment to the Administrative Policy that deals with building renovation practices, as they affect the cost of renovation and rehabilitation projects. This issue has been moved on the to the Health and Environmental Quality Committee for joint consideration. That Committee will discuss this on December 12. Ms. Blanchard reported the snow and ice contract with the New York State Department of Transportation Department was approved. At the Town of Ithaca's request, the Committee approved a no -cost change order to the Forest Home Bridge which will allow for more time to complete that work. A bid was authorized to paint the Salmon Creek Bridge. At the meeting this morning, the Committee reviewed the status of a number of Capital Projects, and authorized the Engineering Division to proceed with the contract to balance the air conditioning system in the Library. Ms. Blanchard also reported the Committee also reviewed a suggested alternative for improvements to the Board Room space, and will be acting on this subject at the Committee meeting on November 20. She reported on November 19 at 1:15 p.m. two new TCAT buses will be unveiled. She reported the court security system is scheduled to take affect on November 25. RESOLUTION NO. - AUTHORIZATION TO EXECUTE EXTENSION OF SNOW AND ICE AGREEMENT WITH THE STATE OF NEW YORK MOVED by Ms. Blanchard, seconded by Mr. Proto. Ms. Blanchard said there was interest expressed by the Committee in finding out what kind of conflicts might exist between the requirements of the State of New York under the County's contract to provide these services, and the County's own policy with regard to salt. She said this information will be obtained for the Committee and can be provided to any other Board member who is interested. Ms. Kiefer said she feels it is unnecessary to act on this resolution until that information is obtained, and requested this resolution be delayed until the information is provided. Following discussion, Chairman Stein granted Ms. Blanchard permission to withdraw this resolution. Report and Presentation of Resolution(s) from the Budget and Fiscal Policy Committee Mr. Joseph, Chairman, reported the Committee received notification from its insurance carrier that health insurance costs are going to increase in 1997 by 30 percent ($600,000). He said Mr. Heyman, County Administrator, is working on seeing that this kind of information comes to the Board at the beginning of October in order to make it more in line with the County's budget process. Mr. Joseph said the Budget and Fiscal Policy Committee will meet to decide how to address this at a special meeting to be held on November 8 at 10:30 a.m. Mr. Joseph said the meeting scheduled for November 12 has been canceled. RESOLUTION NO. 252 - SCHEDULING A PUBLIC HEARING ON THE 1996 TOMPKINS COUNTY BUDGET AND ON THE 1997-2001 TOMPKINS COUNTY CAPITAL PROGRAM MOVED by Mr. Joseph, seconded by Mr. Proto. Mr. Joseph noted there was a motion made at the Committee meeting to hold the Board meeting to adopt the budget on November 26 at 5:30 p.m. as an adjourned Board meeting, and to allow privilege of the floor. This motion was carried by a vote of four 322 November 6, 1996 ayes and three noes at the Budget and Fiscal Policy Committee. A voice vote on the resolution resulted as follows: Ayes - 15, Noes - 0. RESOLUTION ADOPTED. RESOLVED on recommendation of the Budget and Fiscal Policy 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, November 19, 1996, at 7:30 o'clock in the evening thereof concerning the review of the 1997 Tompkins County Budget and on the 1997-2001 Tompkins County Capital Program. 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: TYPE 11-20 RESOLUTION NO. 253 - APPROPRIATION FROM CONTINGENT FUND - TERMINAL PAY - ASSESSMENT MOVED by Mr. Joseph, seconded by Mr. Proto. A short roll call vote resulted as follows: Ayes - 15, Noes - 0. RESOLUTION ADOPTED. WHEREAS, the Director of the Assessment Department received Terminal Pay during 1996 at a total cost of $16,371.61, and WHEREAS, Section 5.03 (B) of the County Fiscal Policy describes Departmental Entitlements including contingent fund requests for the unbudgeted cost of terminal pay for employees, now therefore be it RESOLVED, on recommendation of the Budget and Fiscal Policy Committee, That the following budget appropriation be made, FROM: A1990.4400 Contingency Fund $16,372 TO: A1355.1244 Director - Assessment $16,372 RESOLVED, further, That this adjustment is for 1996 only and does not affect the Fiscal Target for 1997. SEQR ACTION: TYPE II -20 Report from the Governmental Operations and Administration Committee Mr. Lane, Chairman, reported the Committee has not met since the last Board meeting. The next meeting will be November 8 at 3 p.m. Mr. Lane said he was asked by the Clerk of the Board to bring to the attention of committee chairs that they need to designate which resolutions will be placed on the Consent Agenda. Withdrawal of Resolution(s) Not Requiring Board Action Chairman Stein gave the appropriate committee chair permission to withdraw the following resolutions from the agenda with final committee action being affirmed: CA026-96 - Authorizing Supplementary Agreement with C&S Engineers for Additional Design Work for Runway 14-32 Rehabilitation (Phase I) (Also Known as Runway Overlay Project CA027-96 - Budget Adjustments - Various Departments Report from the Public Safety Committee 323 November 6, 1996 Mr. Meskill, Chairman, reported the Committee will meet November 8 at 1:30 p.m. Mr. Meskill reported the State Corrections Department has arrived, and is conducting their investigation into the death of an inmate (John Andrews) at the Jail. Mr. Meskill reported E911 is moving forward. Ms. Kiefer noted the absence of a hazardous materials response team in Tompkins County and urged this to be given priority. Report from the Planning. Community Development and Education Committee Mrs. Schuler, Chair, reported the Committee has not met since the last Board meeting. The next meeting will be November 12. She announced TC3 (Tompkins Cortland Community College) will hold an Open House on November 7 from 4-8 p.m. Report from the Solid Waste and Recycling Committee Mr. Todd, Chairman, reported the committee will meet on November 15 at 9:30 a.m. Mr. Todd called attention to a memorandum concerning the engineering report on the fire that occurred at the Recycling and Solid Waste Center this past summer. He also announced the new recycling pickup scheduled for the City of Ithaca will start at the end of this month. Report from the Electronic Future Committee Mr. Evans, Chairman, reported the Committee will meet on November 7 at 3 p.m. in the Sherman Peer Room at the Tompkins County Public Library. Report from the Public Information Committee Mr. Joseph, Co-chair, reported the Committee has been working on the next issue of County News. That issue will focus mainly on the proposed 1997 Tompkins County budget. Report from the Charter Review Committee Mr. Lane, Chairman, reported the Committee is finishing up work on its report. He expects to have a final Committee meeting on November 14. He said he hopes to have a copy of the report available for all Board members prior to the next Board meeting. Report from the Economic Development Committee Ms. Mink, Chair, reported the Alliance met last week and spent a couple of hours talking about a final report. The next meeting will be November 26. Report from the Human Services Building Construction Committee Ms. Mink, Chair, reported the Committee will meet on November 7 at 9 a.m. at the construction trailer. Report from the Leadership Council Ms. Mink, Chair, reported the Council will meet on November 7 at 1:30 p.m. At that meeting the Committee will receive updates on implementation at the Departments of Social Services and Public Works. She also announced that at next Wednesday's Department Head meeting at 3 p.m. there will be a discussion of the Board's draft Mission, Vision and Goals, and urged interested Board members to attend. 324 November 6, 1996 Report from the Library Improvement Committee Mrs. Schuler, Chair, reported the Committee will meet on November 15 at noon. Report from the Rural Affairs Committee Mr. Proto, Chairman, reported the Committee has met several times since the last Board meeting. He said a public forum was held in the Town of Dryden and the Committee heard concerns about property taxes, school taxes, and also the appointment versus the election of a Sheriff, County Clerk, and County Executive. Mr. Proto thanked those Board members who attended that forum. He said the next public forum will be held in the Town of Newfield on December 2. Approval of Minutes of October 15. 1996 It was MOVED by Mr. Joseph, seconded by Ms. Kiefer, and unanimously adopted by voice vote to approve the minutes of October 15, 1996 with the correction submitted by Representative Kiefer. MINUTES APPROVED. Presentation of Individual Member -Filed Resolution RESOLUTION NO. 254 - REQUESTING MEANINGFUL STATE LEGISLATION ON SALES TAX REFORM MOVED by Mrs. Livesay, seconded by Mr. Joseph. A voice vote resulted as follows: Ayes - 13, Noes - 2 (Representatives Totman and Proto). RESOLUTION ADOPTED. WHEREAS, there has been a shift in taxes in New York State from income to local property and sales taxes, and WHEREAS, this shift has placed an increasing burden on all taxpayers and a disproportionate burden on lower income persons and small businesses, and WHEREAS, there has been no general review of sales tax laws and their impacts, and WHEREAS, the one week exemption on clothing and footwear during January 1997 does not address the issue adequately and causes confusion for counties, merchants, and the general public, now therefore be it RESOLVED, That the Tompkins County Board of Representatives requests the Assembly, Senate, and Governor to work together and with the public including individuals, businesses, advocates for the poor, and local governments to develop and implement proposals for changes in the items for which a sales tax is charged with any changes, to be effective state-wide, and not at local option. SEQR ACTION: TYPE II -20 Recess Chairman Stein declared recess from 8:11 p.m. to 8:16 p.m. Executive Session It was MOVED by Mr. Meskill, seconded by Mr. Todd, and unanimously adopted by voice vote, to enter into an executive session at 8:16 p.m. to discuss property negotiations and pending litigation. The meeting returned to open session at 9:00 p.m. 325 November 6, 1996 Adjournment On motion the meeting adjourned at 9:00 p.m. 326 November 19, 1996 Regular Meeting Called to Order Chairman Stein called the meeting to order at 5:30 p.m. Pledge of Allegiance to the Flag Members and guests participated in the Pledge of Allegiance to the Flag. Moment of Silence - Michael Padula At this time Chairman Stein asked for a moment of silence in memory of Officer Michael Padula, Ithaca City Police Officer, who lost his life November 17, 1996, while on duty. Chairman Stein informed members of the Board and public that Tompkins County is lowering its flags to half-mast for one week in memory of Officer Michael Padula, the first Ithaca City Police Officer to die in the line of duty. This action is taken in tribute to the important work of local law enforcement officers throughout the County and a tribute, in particular, to Michael Padula. Public Hearing - Proposed 1997 Tompkins County Budget and Capital Program Mr. Stein said a public hearing will be held at 7:30 p.m. this evening concerning the proposed 1997 Tompkins County Budget and the proposed 1997-2001 Capital Program. Roll Call of Members Present: 15 Representatives. Presentation of Proclamation(s) Chairman Stein presented a proclamation declaring November 13, 1996, as Tompkins County Public Library Recognition Day, to Janet Steiner, Director of the Tompkins County Public Library. Chairman Stein also presented a proclamation declaring December 1, 1996, as AIDS Day in Tompkins County, and December 1-7, 1996 as AIDS Awareness Week in Tompkins County, to Martin Brooks, Education Coordinator of AIDS Work. Privilege of the Floor by the Public Dan Hoffman, City of Ithaca, spoke concerning the resolution on the agenda entitled Sale of County Land on Elmira Road. He said the back portion of the parcel is part of the 60 -acre area that has been designated as substitute parkland, and stated he feels it is very important that its potential for use as parkland be preserved. Mr. Hoffman said if this property is transferred to a private owner it may end up being used for something other than parkland. He said he does not think the land has much value to the County, and asked the County to respect the wish of the City of Ithaca to purchase the land. Mr. Hoffman urged the Board to place restrictions on the property if it chooses not to sell to the City. Jill Brantley, City of Ithaca, spoke concerning the resolution on the agenda entitled Sale of County Land on Elmira Road. Ms. Brantley said she feels the land should be preserved as substitute parkland, and urged the Board to authorize the sale of this land to the City of Ithaca. She also asked that the Board postpone action on this item and continue negotiations with the City. Ms. Brantley also spoke 327 November 19, 1996 concerning the position of Chief Natural Resources Planner. She said she has learned the County may be intending to reclassify the position to a lower -titled position. She said she feels the current position works well in an area that is a very large portion of the County's overall budget. Ms. Brantley asked to be shown why the County intends to do this. Ms. Brantley also told the Board she feels the modest property tax increase that is currently being proposed is in the best interest of the County. Betsy Darlington, City of Ithaca, spoke concerning the resolution on the agenda entitled Sale of County Land on Elmira Road. Ms. Darlington said the City of Ithaca Common Council unanimously feels this land should belong to the City, and noted the only person who voted against this did so because they thought the County should give the land to the City, rather than have the City purchase the land. Ms. Darlington also spoke concerning the position of Chief Natural Resources Planner, noting that of the categories listed in the recent County News, the County spends the least on environmental planning, and said she feels to remove this position would be a mistake. Byron Unsworth, Ithaca resident, spoke concerning the position of Chief Natural Resources Planner, and said he is very conscious of the positive affect this position has had in the County and feels it should be preserved. Alan Cohen, Mayor of the City of Ithaca, thanked Board members and the public who have offered words of support to him and the Ithaca Police Department in this time when they mourn the loss of Officer Padula. Mr. Cohen said he is in attendance at this meeting to speak to the issue of Youth Bureau funding. Mr. Cohen said when he first took office, he met with many Board members individually and promised that the City would start doing business differently with the County. He said he meant that, and feels there has been a lot of progress in improving the relationship between the City and the County. He said he recently received information regarding how the youth programs that are jointly funded by the City and County are paid for. He said when he got that information he immediately drafted a letter to Nancy Zahler, Youth Bureau Director, and some Board members to try to bring this to the attention of the Board. He said it was not his intention to do this so late in the budget process for either the City or County. Mr. Cohen said it is his responsibility as an elected official to represent the best interests of his constituents, and when he came across information which he felt needed to be addressed, he did so. He said he is not trying to advocate what the County should do, he is only explaining to the County what his position is. Mr. Cohen said some information was distributed approximately a week ago concerning the proportionality of participation and funding between City youth and County youth. He said the City is funding approximately 60 percent of the programs right now and approximately 40 percent of the youth participating are City youth. The County has 60 percent of the participants, and is paying for 40 percent. He said the proposal he came forward with is the concept that the County at least pay proportionately for the participation of the youth that live outside of the City of Ithaca. Mr. Cohen said at this time, the City of Ithaca cannot support city funding going towards these services when he is faced with a tax increase for the City, cutting services, and laying off employees. Privilege of the Floor by Board Members Mr. Proto, District No. 7 Representative, thanked Chairman Stein and Representatives Blanchard and Schuler for being in attendance at the Veteran's Day Parade on November 17. Mr. Proto announced Susanne Etherington has been appointed the Regional Advisory Officer for this Region of the Regional Archives program that Tompkins County participates in. 328 November 19, 1996 Mr. Lane, District No. 14 Representative, referred to the November 18 issue of the Ithaca Journal, and the Dart that was directed towards the Charter Review Committee. He said it chastised the Committee because a copy of the Report was not released right after the final Committee meeting. Mr. Lane said a major change was made to the Report at that meeting, and a promise was made to the Board that all Board members would receive a copy of the Report before it was released to the public or media. Ms. Davis, District No. 2 Representative, announced nominations for awards for the Human Rights Commission are due November 22nd. She also announced the Harvest Dinner at GIAC will be November 22nd. Mr. Winch, District No. 8 Representative, said he attended a benefit on November 17 for Chris Brill (Department of Finance) and her son, Connor. He said he was very impressed by the outpouring of love and charity from fellow County employees who helped organize and attend this event. Mr. Winch said it made him proud to be part of this organization and community. He said it is fantastic to see how County employees rally around for a fellow employee. Addition of Resolution(s) to the Agenda On motion of the appropriate committee chairmen and duly seconded and unanimously adopted by voice vote, the following resolution(s) were added to the agenda: Appointment to the Industrial Development Agency Support for Tompkins County Application for New York State Industrial Access Program (IAP) Funds for Comfort Road Bridge Amendment of Administrative Policy 03-02 Requesting Reinstatement of the "Aid to Localities Budget" Authorization to Purchase Land of Landfill, Inc. and Transfer a Portion of Those Lands to the Town of Spencer Withdrawal of Resolution(s) from the Agenda There were no resolution(s) withdrawn from the agenda. Chairman's Report and Appointment(s) Chairman Stein announced memorial service arrangements that have been made for City Police Officer, Michael Padula. Mr. Stein also reported the Environmental Bond Act was approved at the last election, and the State Legislature is now considering projects to come under the jurisdiction of that. He said municipalities can submit recommendations for funding under that Act, and he will be obtaining more information. Appointment(s) Chairman Stein said for a number of years this Board has been concerned over the high price of power in this County. He said there is a lot underway at the State level about opening up competition among power providers. He appointed a special committee to have the formal responsibility of looking into the elective power responsibility. The members are Stuart W. Stein, Chairman, Barbara Blanchard, and Charles Evans. This Committee's charge is as follows: 1. Gain an understanding of the developing changes in the electric power industry of New York State, particularly as these changes will affect the cost of power. 329 November 19, 1996 2. Identify possible approaches that Tompkins County could take to reduce the cost of electric power for all power users within the County. 3. Present a recommendation to the Board of Representatives as to the steps that should be taken, if any, to achieve this goal. 4. Recommend whether the Committee should be enlarged and, if so, who should be added as members. This special committee should make its report to the Board of Representatives by the end of January, 1997. Report by the County Administrator Mr. Heyman said he will attend a County Administrator's Association meeting on November 22, and will hear presentations on economic development and Worker's Compensation. Mr. Heyman also reported on Courthouse security. He said the new security system is expected to begin December 1, and will include the main door on Tioga Street reopening. Report from the County Attorney Mr. Theisen reported on November 22 there will be a motion on the ADA (Americans with Disabilities) cases. He also reported the action by the County regarding the New York State Corrections Departments' delay in transporting prisoners is scheduled for January 27. Mr. Theisen reported he received an Article 78 petition from Mamie Kirchgessner, former Human Rights Department employee, concerning her termination. He said there is an appeal pending from the Virgil Creek Dam that will be argued in Albany in January. Report from the Finance Director Mr. Squires reported the mortgage tax distribution is reflective of economic activity as far as real estate transactions. He said there has been over 20 percent increase County -wide. He said there is a reasonable reduction in the amount of Solid Waste fees that will have to be relevied next year, as the amount of unpaid bills has fallen from $240,000 to $177,000. He said last year $233,000 was relevied, but noted the Fee was also higher last year. Mr. Squires reminded the public that the County Tax Bill in January will include the County's Solid Waste Fee. Mr. Squires also reported the first month's sales tax check from the State is up by about ten percent. Approval of Resolution(s) Under the Consent Aeenda It was MOVED by Mrs. Livesay, seconded by Mr. Proto, and unanimously adopted by voice vote, to approve the following resolution(s) under the Consent Agenda: RESOLUTION NO. 255 - ADOPTION OF REGULAR AND SUPPLEMENTAL REPORTS OF FOOTINGS (TOTALS) OF ASSESSMENT ROLLS MOVED by Mrs. Livesay, seconded by Mr. Proto, and unanimously adopted by voice vote under the Consent Agenda. RESOLVED, on recommendation of the Governmental Operations and Administration Committee, That the regular and supplemental report of the footings (totals) 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 1997. SEQR ACTION: TYPE I1-20 330 November 19, 1996 RESOLUTION NO. 256 - ADOPTION OF APPORTIONMENT OF TAXES MOVED by Mrs. Livesay, seconded by Mr. Proto, and unanimously adopted by voice vote under the Consent Agenda. RESOLVED, on recommendation of the Governmental Operations and Administration Committee, That the report of the Director of Assessment be accepted and adopted and the valuation of real property and franchise be based on the 1996 final assessed values for the purposes of general and highway tax levied against the several tax districts of the County and that the values determined therein set forth as the basis for such general and highway tax levies for the year 1997, RESOLVED, further, That several amounts therein listed for State tax, County tax for general county purposes, and County highway tax for 1997 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: TYPE 11-20 RESOLUTION NO. 257 - RETURNED VILLAGE TAXES MOVED by Mrs. Livesay, seconded by Mr. Proto, and unanimously adopted by voice vote under the Consent Agenda. RESOLVED, on recommendation of the Governmental Operations and Administration Committee, That the Director of Assessment of the County be and hereby is authorized and directed to add to the respective 1997 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: TYPE II -20 RESOLUTION NO. 258 - RETURNED SCHOOL TAXES MOVED by Mrs. Livesay, seconded by Mr. Proto, and unanimously adopted by voice vote under the Consent Agenda. RESOLVED, on recommendation of the Governmental Operations and Administration Committee, That the Director of Assessment of the County be and hereby is authorized and directed to add to the respective 1997 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 1996 be reassessed and relevied upon the lots and parcels so returned with 12.0 percent annual interest in addition thereto. SEQR ACTION: TYPE 11-20 RESOLUTION NO. 259 - CORRECTION OF TAX ROLL - TOWN OF ITHACA (NEW YORK STATE) 331 November 19, 1996 MOVED by Mrs. Livesay, seconded by Mr. Proto, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, this Board is informed that an error has been made in the 1996 Tax Rolls for the Town of Ithaca; namely a portion of parcel 61-1-7.1, assessed to New York State was erroneously assigned the incorrect number of units for Water and Sewer, now therefore be it RESOLVED, on recommendation of the Governmental Operations and Administration Committee and in accordance with Section 558 of Real Property Tax Law, That the entries on the tax rolls be expunged, RESOLVED, further, That the amount of $14,714.46 be charged back to the Town of Ithaca ($7,266.40 Water and $7,448.06 Sewer). SEQR ACTION: TYPE II -20 RESOLUTION NO. 260 - CORRECTION OF TAX ROLL - TOWN OF ITHACA (NEW YORK STATE) MOVED by Mrs. Livesay, seconded by Mr. Proto, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, this Board is informed that an error has been made in the 1996 Tax Rolls for the Town of Ithaca; namely a portion of parcel 34.-1-14, assessed to New York State was erroneously assigned the incorrect number of units for Water and Sewer, now therefore be it RESOLVED, on recommendation of the Governmental Operations and Administration Committee and in accordance with Section 558 of Real Property Tax Law, That the entries on the tax rolls be expunged, and RESOLVED, further, That the amount of $5,742 be charged back to the Town of Ithaca ($2,835.92 Water and $2,906.08). SEQR ACTION: TYPE II -20 RESOLUTION NO. 261- CORRECTION OF TAX ROLL - TOWN OF DANBY (STATE OF NEW YORK) MOVED by Mrs. Livesay, seconded by Mr. Proto, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, this Board is informed that an error has been made in the 1996 Tax Roll for the Town of Danby; namely parcel 15-1-3.122 was acquired by the Small Business Administration, a Federal Agency, and WHEREAS, the lien of such tax cannot be enforced, now therefore be it RESOLVED, on recommendation of the Governmental Operations and Administration Committee, That the entry on the tax roll be expunged in accordance with Section 558 of Real Property Tax Law, RESOLVED, further, That the amount of $776.79 be charged back: $140.69 to the County of Tompkins; $53.95 to the Tompkins County Solid Waste Division; and $582.15 to the Town of Danby. SEQR ACTION: TYPE II -20 RESOLUTION NO. 262 - CORRECTION OF TAX ROLL - TOWN OF ITHACA (STATE OF NEW YORK) 332 November 19, 1996 MOVED by Mrs. Livesay, seconded by Mr. Proto, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, this Board is informed that an error has been made in the 1996 Tax Roll for the Town of Ithaca; namely parcel 34-1-15 was appropriated by the State of New York prior to the levy of the Town and County taxes, and WHEREAS, the lien of such tax cannot be enforced, now therefore be it RESOLVED, on recommendation of the Governmental Operations and Administration Committee, That the entry on the tax roll be expunged in accordance with Section 558 of Real Property Tax Law, RESOLVED, further, the amount of $414.46 be charged back; $94.88 to the County of Tompkins; $320.48 to the Town of Ithaca (Town Tax $21.28, Fire $136.40, Water $80.00, Sewer $82.90). SEQR ACTION: TYPE II -20 RESOLUTION NO. 263 - CORRECTION OF TAX ROLL - TOWN OF ITHACA (NEW YORK STATE) MOVED by Mrs. Livesay, seconded by Mr. Proto, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, this Board is informed that an error has been made in the 1996 Tax Rolls for the Town of Ithaca; namely a portion of parcel 38.-3-16, assessed to New York State was erroneously assigned the incorrect number of units for Water, now therefore be it RESOLVED, on recommendation of the Governmental Operations and Administration Committee and in accordance with Section 558 of Real Property Tax Law that the entries on the tax rolls be expunged, RESOLVED, further, That the amount of $3,104 be charged back to the Town of Ithaca. SEQR ACTION: TYPE II -20 RESOLUTION NO. 264 - DATE OF ORGANIZATIONAL MEETING MOVED by Mrs. Livesay, seconded by Mr. Proto, and unanimously adopted by voice vote under the Consent Agenda. RESOLVED, on recommendation of the Governmental Operations 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 7, 1997, at 5:30 o'clock in the evening thereof. SEQR ACTION: TYPE II -20 RESOLUTION NO. 265 - APPOINTMENT OF ELECTION COMMISSIONER FOR 1997-1998 MOVED by Mrs. Livesay, seconded by Mr. Proto, and unanimously adopted by voice vote under the Consent Agenda. RESOLVED, on recommendation of the Tompkins County Democratic Committee and the Governmental Operations and Administration Committee, That Shary Zifchock be and hereby is 333 November 19, 1996 appointed Democratic Party Elections Commissioner for the two-year term commencing January 1, 1997 and ending December 31, 1998. SEQR ACTION: TYPE II -20 RESOLUTION NO. 266 - AUTHORIZATION TO SIGN MEMORANDUM OF UNDERSTANDING BETWEEN THE ITHACA HOUSING AUTHORITY AND THE DEPARTMENT OF SOCIAL SERVICES TO OPERATE A CASE MANAGEMENT SERVICE AT TITUS TOWERS MOVED by Mrs. Livesay, seconded by Mr. Proto, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, the Ithaca Housing Authority has applied for a three-year Public Housing Supportive Services through HUD to assess the need and coordinate the care of persons residing at Titus Towers needing case management services, and WHEREAS, the Department of Social Services, through its Long Term Care Single Access Unit, has the ability to operate and manage such case management services, and WHEREAS, the Ithaca Housing Authority, through its Supportive Services Grant, will reimburse the Department of Social Services for salary and fringe benefits of 1.0 FTE Caseworker and .10 FTE Long Term Care Coordinator, now therefore be it RESOLVED, on recommendation of the Human Services and Human Resources Committee, That the County Administrator, or his designee, execute a Memorandum of Understanding between the Ithaca Housing Authority and the Department of Social Services for a three-year period contingent upon IHA' s receipt of grant funds. SEQR ACTION: TYPE II -20 RESOLUTION NO. 267 - ACCEPTANCE OF SMALL CITIES GRANT AND AUTHORIZATION TO ENTER INTO A LOAN AGREEMENT - CBORD ECONOMIC DEVELOPMENT LOAN AND ESTABLISHING BUDGET FOR 1996 MOVED by Mrs. Livesay, seconded by Mr. Proto, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, the County has been awarded Small Cities Community Development Block Grant (CDBG) fund from the U.S. Department of Housing and Urban Development (HUD) for the purpose of providing an economic development loan to CBORD, and WHEREAS, the funds will be used by CBORD to fund the expansion of their Service Bureau, creating 13 new full-time jobs in Tompkins s County, now therefore be it RESOLVED, on recommendation of the Planning, Community Development and Education Committee, That the County hereby accepts Small Cities CDBG funds in the amount of $190,000 from HUD, RESOLVED, further, That the County be authorized to enter into an agreement with CBORD for the purpose of loaning $180,000 to CBORD for the purpose described above and to require the repayment of the loan into the County's economic development revolving loan program, RESOLVED, further, That the following adjustments be made to the 1996 Budget, assigning a new Account Number: Revenues .4959 Federal Aid-CDBG $86,425 TOTAL REVENUES $86,425 334 November 19, 1996 Expenditures .4330 Printing $ 125 .4400 Program Expenses 1,300 .4442 Professional Service Fees 5,000 .4491 Sub -Contracts 80.000 TOTAL EXPENDITURES $86,425 SEQR ACTION: TYPE II -20 RESOLUTION NO. 268 - ACCEPTANCE OF SMALL CITIES GRANT AND AUTHORIZATION TO ENTER INTO A LOAN AGREEMENT - AXIOHM IPB ECONOMIC DEVELOPMENT LOAN AND ESTABLISHING BUDGET FOR 1996 MOVED by Mrs. Livesay, seconded by Mr. Proto, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, the County, on behalf of the Town of Ithaca, has been awarded Small Cities Community Development Block Grant (CDBG) funds for two years from the U.S. Department of Housing and Urban Development (HUD) for the purpose of providing an economic development loan to Axiohm IPB, and WHEREAS, the funds will be used by Axiohm IPB to retain and expand employment at their facility in the Town of Ithaca, now therefore be it RESOLVED, on recommendation of the Planning, Community Development and Education Committee, That the County hereby accepts Small Cities CDBG funds in the amount of $840,000 over two years from HUD, RESOLVED, further, That the County be authorized to enter into an agreement with Axiohm IPB for the purposes of loaning $800,000 to Axiohm IPB for the purpose described above and to require the repayment of the loan into the County's economic development revolving loan program, RESOLVED, further, That the following adjustments be made to the 1996 Budget, assigning a new Account Number: Revenues .4959 Federal Aid-CDBG $286,100 TOTAL REVENUES $286,100 Expenditures .4330 Printing $ 100 .4400 Program Expenses 7,000 .4442 Professional Service Fees 4,000 .4491 Sub -Contracts _275,000 TOTAL EXPENDITURES $286,100 SEQR ACTION: TYPE II -20 RESOLUTION NO. 269 - ACCEPTANCE OF SMALL CITIES GRANT - HOMEOWNERSHIP PROGRAM III MOVED by Mrs. Livesay, seconded by Mr. Proto, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, the County has been awarded Small Cities Community Development Block Grant (CDBG) funds for three years from the U.S. Department of Housing and Urban Development (HUD) for 335 November 19, 1996 the purpose of continuing it successful existing -home mortgage program for first-time homeowners, now therefore be it RESOLVED, on recommendation of the Planning, Community Development and Education Committee, That the County hereby accepts Small Cities CDBG funds in the amount of $1,500,000 over three years from HUD. SEAR ACTION: TYPE II -20 Appointment(s) Approved Under the Consent Agenda It was MOVED by Mrs. Livesay, seconded by Mr. Proto, and unanimously adopted by voice vote, to approve the following appointment(s) under the Consent Agenda: Criminal Justice Advisory/Alternatives to Incarceration Board Louise Miller - At -large representative with a term expiring December 31, 1999 Judy Saul - Juvenile Services representative with a term expiring December 31, 1998 Advisory Board on Indigent Representation Karen Silverstein with a term expiring December 31, 1998 Report and Presentation of Resolution(s) from the Governmental Operations and Administration Committee Mr. Lane, Chairman, reported the Committee met on November 8 and spent time talking about resolutions that are on the agenda. He said there was also discussion on the third -party administrator for Worker's Compensation. Mr. Lane said the Committee will meet on November 21 to discuss the Ethics Law. RESOLUTION NO. 270 — ESTABLISHING COUNTY EQUALIZATION RATES MOVED by Mr. Lane, seconded by Ms. Blanchard, and unanimously adopted by voice vote. 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 1997, and for the apportionment of County taxes levied in 1997, now therefore be it RESOLVED, on recommendation of the Governmental Operations 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 $ 91,642,602 100.00 $ 91,642,602 Danby 112,109,689 100.00 112,109,689 Dryden 494,933,663 100.00 494,933,663 Enfield 92,073,536 100.00 92,073,536 Groton 132,384,962 100.00 132,384,962 Ithaca/Town 715,839,628 100.00 715,839,628 Lansing 657,095,609 100.00 657,095,609 Newfield 143,494,423 100.00 143,494,423 Ulysses 217,562,972 100.00 217,562,972 Ithaca/City 846,364,128 100.00 846,364,128 336 SEQR ACTION: TYPE II -20 November 19, 1996 RESOLUTION NO. 271 - AUTHORIZATION TO EXECUTE AGREEMENT, WORKER'S COMPENSATION THIRD -PARTY ADMINISTRATOR MOVED by Mr. Lane, seconded by Mr. Evans, and unanimously adopted by voice vote. WHEREAS, a Request for Proposals was issued seeking proposals to provide third -party administrator services to Tompkins County in connection with its self-insured worker's compensation plan, and six proposals were received and reviewed, now therefore be it RESOLVED, on recommendation of the Governmental Operations and Administration Committee, That the County Administrator is authorized and directed to execute an agreement with RMSCO, Inc., of Syracuse, New York, to provide the services detailed in that company's Proposal for the years 1997 through 2001 inclusive at the following rates per claim: 1997 1998 1999 2000 2001 New medical only $80 85 85 85 90 New indemnity 300 300 310 310 310 Pending indemnity 50 0 0 0 0 Pending medical only 0 0 0 0 0. SEQR ACTION: TYPE 11-20 RESOLUTION NO. 272 - AMENDMENT OF ADMINISTRATIVE POLICY 03-02 MOVED by Mr. Lane, seconded by Mrs. Livesay, and unanimously adopted by voice vote. Mr. Lane said he would find out the dollar affect of this resolution. RESOLVED, That Administrative Policy 03-02, "Benefits for Confidential Staff," be amended under Section II to read as follows: "Disability shall be credited to each employee on the adjusted hire date as follows, based on total length of all service: • Less than five (5) years - 75 days • At least five (5) years - 115 days RESOLVED, further, That this amendment shall be effective immediately. SEQR ACTION: TYPE II -20 Report and Presentation of Resolution(s) from the Human Services and Human Resources Committee Mrs. Livesay, Chair, reported the Committee has not met since the last Board meeting. A special meeting will be held on November 25 to discuss youth service funds and also to putting funding into the budget for the Economic Opportunity Corporation. Mrs. Livesay said another look may also be taken at a special request from the Personnel Department. The next meeting will be December 4 at noon. RESOLUTION NO. 273 - URGING NEW YORK STATE GOVERNMENT TO TAKE ACTIONS THAT WILL EASE THE TRANSITION FROM WELFARE TO WORK AND PROVIDE FOR CONTINUED ASSISTANCE TO THOSE WHO CANNOT CARE FOR THEMSELVES 337 November 19, 1996 MOVED by Mrs. Livesay, seconded by Ms. Davis. Ms. Kiefer said she finds this resolution much more generic than the Justice For All resolution or the original draft of this resolution. She said she does not see why language from the State Constitution was removed. It was MOVED by Ms. Kiefer, to remove the first RESOLVED, and restore it with language from the Justice For All resolution: RESOLVED, further, That the Tompkins County Board of Representatives call upon state government officials to sustain the unique language of our state constitution that says "...the aid, care and support of the needy are public concerns and shall be provided by the state" and not attempt to shift that cost to the counties." Ms. Blanchard said she thinks there has been bad use of the language in the State Constitution, and feels the current proposal honors the spirit of the Constitution. Mr. Joseph said the original resolution asks the State to sustain language in the Constitution, and by changing it to support the spirit, would mean the Board supports changing the Constitution. Mrs. Livesay said if there is action being taken at the State level to change the Constitution, this Board should take a more direct approach at that, and not bury the wording in another resolution. She feels the resolution as presented, should be supported. Ms. Mink agreed with Mrs. Livesay's comments. She said the objective of this resolution is not as specific or preemptive as the original, but it does talk about the spirit of the Law. A voice vote on the amendment resulted as follows: Ayes - 4 (Representatives Davis, Joseph, Kiefer and Schuler); Noes - 11. MOTION FAILED. A voice vote on the original resolution resulted as follows: Ayes - 15, Noes - 0. RESOLUTION ADOPTED. WHEREAS, the gap between rich and poor in this country and in New York State is the greatest it has been since the 1920's, and is growing, and WHEREAS, there are serious and well-founded concerns that children will feel the brunt of cuts in the federal welfare programs, and WHEREAS, there are gaps in the projected number of available jobs which is made even worse by a mismatch of jobs and skill levels, and WHEREAS, it is important that we achieve real workbased welfare reform and not simply a meaner and cheaper version of the status quo, now therefore be it RESOLVED, on recommendation of the Human Services and Human Resources Committee, That the Tompkins County Board of Representatives calls upon state officials to honor the spirit of the state constitution with regard to the provision of aid, care and support of the needy, RESOLVED, further, That the Tompkins County Board of Representatives calls upon state government to target all available resources to the task of linking welfare recipients to private -sector labor markets, giving them the job -readiness skills employers demand and supporting them through the transition to work, RESOLVED, further, That the Tompkins County Board of Representatives urges the establishment of an objective and systematic program that will track and report the short and long-term effects of welfare changes on all segments of the population, RESOLVED, further, That whatever the outcome of these efforts, Tompkins County commits itself to a humane response to those for whom government assistance may be required for sustenance. RESOLVED, further, That the Tompkins County Board of Representatives urges NYSAC to coordinate a statewide response among all counties that prevents local governments from engaging in a "race to the bottom," denying basic assistance to those in need, SEQR ACTION: TYPE II -20 338 November 19, 1996 RESOLUTION NO. 274 - AUTHORIZING A PUBLIC HEARING ON PROPOSED LOCAL LAW NO. 5 OF 1996 - AMENDMENT TO LOCAL LAW NO. 2 OF 1966 AS AMENDED - PROVIDING FOR A PARTIAL TAX EXEMPTION FOR REAL PROPERTY OWNED BY PERSONS WITH LIMITED INCOMES WHO ARE SIXTY-FIVE (65) YEARS OF AGE OR OLDER MOVED by Mrs. Livesay, seconded by Mr. Proto, and unanimously adopted by voice vote. RESOLVED on recommendation of the Human Services and Human Resources and Budget and Fiscal Policy 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, December 3, 1996, at 5:30 o'clock in the evening thereof concerning proposed Local Law No. 5 of 1996 - Amendment to Local Law No. 2 of 1966 As Amended - Providing for a Partial Tax Exemption for Real Property Owned by Persons with Limited Incomes who are Sixty -Five (65) Years of Age or Older. 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: TYPE 1I-15 Report and Presentation of Resolution(s) from the Public Safety Committee Mr. Meskill, Chairman, reported most of the Committee's work is reflected on the agenda. He said this has been a very difficult week for emergency services personnel in the community because of the fire at Eco Village and the loss of City Police Officer, Michael Padula. RESOLUTION NO. 275 - SUPPORT FOR THE PROGRAM OPPORTUNITIES FOR SELF IMPROVEMENT INITIATIVE AT THE TOMPKINS COUNTY JAIL MOVED by Mr. Meskill, seconded by Mrs. Schuler. Ms. Kiefer said she has not seen a copy of the Program and requested action on this resolution be postponed to November 26. Mr. Meskill said he would see she received a copy and agreed that action be taken on November 26. It was MOVED by Mr. Meskill, and duly seconded and unanimously adopted by voice vote, to postpone the resolution until November 26. RESOLUTION NO. 276 - ABOLITION OF POSITION - SHERIFF'S DEPARTMENT MOVED by Mr. Meskill, seconded by Ms. Kiefer. Mr. Winch said he did not vote in favor of this in Committee because he strongly believes that in major departments, especially in Tompkins County government, that a Fiscal Coordinator does not cost money, but saves money. Mr. Proto asked if this resolution can be postponed until Board members have an opportunity to review information the Committee reviewed, and whether this indicates at all that there was not as much of a fiscal problem in the Sheriff's Department as originally was thought. Mr. Meskill said the employee has been notified of this action, and he would rather not postpone action on this. He said this position was created a couple of years ago because of extreme problems in the Department in relationship to the reporting of the financial conditions. Mr. Joseph said this is not a case where we found out the problem wasn't as bad as it seemed. It is a situation where the solution we tried has failed. A voice vote on the resolution resulted as follows: Ayes - 13, Noes - 2 (Representatives Proto and Winch). RESOLUTION ADOPTED. 339 November 19, 1996 WHEREAS, Resolution No. 229 of October 18, 1994 created the position of Fiscal Coordinator in the Sheriff's Department effective January 1, 1995 to provide a resource for closely monitoring spending, revenues, and budget projections, and WHEREAS, the financial conditions of the Department have failed to improve as a result of this action to the extent that the need for this position is no longer evident, now therefore be it RESOLVED, on recommendation of the Public Safety Committee, That effective December 31, 1996, the position of Fiscal Coordinator, Labor Grade 15, Job Code 200, current annual salary $37,188, be and hereby is abolished, RESOLVED, further, That the 1997 Fiscal Target be reduced by $47,417. SEQR ACTION: TYPE II -20 RESOLUTION NO. 277 - RECLASSIFICATION OF POSITION - SHERIFF'S DEPARTMENT MOVED by Mr. Meskill, seconded by Mrs. Schuler. Mr. Lane said he is pleased to support this resolution because in the three years he has been on the Board, this is the first opportunity he has had to vote on a new position in the Sheriff's Department. He feels this position will directly relate to increased public safety in Tompkins County. Mr. Joseph stated several years ago, the Tompkins County Sheriff's Department was the leading police agency in Tompkins County in bringing in DWI arrests, and in recent years they have been the lowest. He said this is an attempt to try to reverse that situation. Mr. Joseph said if it is successful, it will bring in a significant amount of money to the STOP -DWI program and the DWI Coordinator has said he would be willing to put some of that money towards supporting the position. Mr. Joseph said he expects that to happen and if at the end of one year, the County is not getting substantial support for this position out of the arrests and convictions that it produces, he will propose to eliminate the position after one year. Mr. Meskill said this position will never pay for itself and the idea of this position is to have one Sheriff s Deputy concentrate on enforcement of DWI laws, and to raise the awareness of DWI. Ms. Kiefer noted it is the job of all deputies to enforce DWI laws. Mr. Meskill assured the board that this position will report to the Sheriff and not the DWI Coordinator. Mr. Meskill said the Committee will be reviewing the plan for this position that is being developed by the Sheriff and the STOP -DWI Coordinator. Ms. Kiefer suggested delaying action on this resolution until after she has had an opportunity to review the plan. A voice vote on the resolution resulted as follows: Ayes - 13, Noes - 2 (Representatives Kiefer and Proto). RESOLUTION ADOPTED. WHEREAS, there exists a need for a deputy position dedicated to enforcing the laws of the State of New York dealing with drunken driving, now therefore be it RESOLVED, on recommendation of the Public Safety Committee, That one vacant and unfunded position of Corrections Lieutenant (formerly, Sergeant Deputy Sheriff, Jail), be reclassified to Deputy Sheriff, Labor Grade 11, Job Code 419, effective January 2, 1997 Hire Rate of $32,745 and Working Rate of $36,674, RESOLVED, further, That the 1997 Fiscal Target be increased by $47,417 for salary ($32,745), fringe ($8,088), clothing ($500), and equipment ($6,084), RESOLVED, further, That the Department work with the STOP -DWI Coordinator in establishing the goals and objectives for this selective enforcement patrol, and that the STOP -DWI Coordinator monitor the effectiveness of this program initiative for future review by the Sheriff, Public Safety Committee, and the Board of Representatives. SEQR ACTION: TYPE 11-20 340 November 19, 1996 RESOLUTION NO. 278 - APPOINTMENT TO THE INDUSTRIAL DEVELOPMENT AGENCY MOVED by Ms. Mink, seconded by Mr. Lane, and unanimously adopted by voice vote. 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 Economic Development Committee, That James F. Schug be appointed to the Industrial Development Agency to serve at the pleasure of the Board, effective immediately, in the place and stead of Daniel Collins, RESOLVED, further, That the Clerk of the Board is authorized and directed to file with the Secretary of State a Certificate of Appointment. SEQR ACTION: TYPE 11-15 RESOLUTION NO. 279 - AUTHORIZATION TO EXECUTE AN AGREEMENT WITH SOUTHERN CAYUGA LAKE INTERMUNICIPAL WATER COMMISSION S.C.L.I.W.C. FOR A PRIVATE HYDRANT ON AIRPORT PROPERTY MOVED by Ms. Blanchard, seconded by Mr. Winch, and unanimously adopted by voice vote. WHEREAS, the Tompkins County Airport has a privately -owned fire hydrant connected to the Southern Cayuga Lake Intermunicipal Water Commission (S.C.L.LW.C.) water distribution system, and WHEREAS, S.C.L.I.W.C. has the charge to protect the water distribution system by allowing the draw of water through the privately -owned fire hydrant only for extinguishing fires, periodic hydrant testing, and any other purpose approved by S.C.L.I.W.C. in writing, now therefore be it RESOLVED, on recommendation of the Transportation Services and Facilities Committee, That the County Administrator is hereby authorized and directed to execute a contract with the Southern Cayuga Lake Intermunicipal Water Commission which limits the uses of the privately -owned fire hydrant on Tompkins County Airport property. SEQR ACTION: TYPE II -20 RESOLUTION NO. 280 - SUPPORT FOR TOMPKINS COUNTY APPLICATION FOR NEW YORK STATE INDUSTRIAL ACCESS PROGRAM (IAP) FUNDS FOR COMFORT ROAD BRIDGE MOVED by Ms. Blanchard, seconded by Mr. Proto, and unanimously adopted by voice vote. WHEREAS, Tompkins County must replace the bridge located on Comfort Road in the Town of Danby identified as BIN 3314110 by the New York State Department of Transportation, and WHEREAS, the replacement of this bridge is required to provide access to one of the County's successful "home-grown" industries, H&E Machine, that provides training and employment for more than 100 workers, and WHEREAS, the closure of this bridge due to structural deficiencies has placed additional demands on local roads in the Town of Danby and inhibits the rapid and efficient provision of public safety and emergency services to this portion of the Town, and WHEREAS, the replacement of this bridge is eligible for grant funding through the New York State Industrial Access Program (IAP) due to the jobs to be created and retained in the area and the need for a well-built and maintained bridge to handle the traffic flow in the area, and 341 November 19, 1996 WHEREAS, the County needs State assistance in the replacement of the bridge to lessen the burden on County taxpayers, now therefore be it RESOLVED, on recommendation of the Transportation Services and Facilities Committee, That the County be authorized to apply for IAP funds in the amount of $340,000 for the replacement of the Comfort Road bridge, RESOLVED, further, That the County Administrator or his designee be authorized to sign the grant application on behalf of the County. SEQR ACTION: TYPE 1I-20 RESOLUTION NO. 281 - REQUESTING REINSTATEMENT OF THE "AID TO LOCALITIES BUDGET" MOVED by Mrs. Schuler, seconded by Mr. Lane, and unanimously adopted by voice vote. WHEREAS, Tompkins County, together with Broome, Chemung, and Herkimer County, has submitted application for State Aid to Counties, and WHEREAS, Tompkins County has received approval from the New York State Department of Environmental Conservation for reimbursement of the 50 percent share of land acquisition and related cost for Virgil Creek PL 566 in the amount of $79,098.91 (under Section 299-x of County Law), and WHEREAS, it is incumbent upon New York State Government to honor the agreement with these municipalities and reinstate the $250,000 line item in the State Budget to fund Section 299-x of County Law, now therefore be it RESOLVED, on recommendation of the Planning, Community Development and Education Committee, That the Tompkins County Board of Representatives call upon Governor Pataki to support this funding in the State budget, RESOLVED, further, That Senators Kuhl and Seward, and Assemblyman Luster be, and hereby are, urged in the strongest way possible to use their good offices to secure the necessary funding through the 1997 budget. SEQR ACTION: TYPE II -20 RESOLUTION NO. 282 - AUTHORIZATION TO PURCHASE LAND OF LANDFILL INC., AND TRANSFER A PORTION OF THOSE LANDS TO THE TOWN OF SPENCER (Exhibit A — See page 335) MOVED by Mr. Todd, seconded by Mr. Winch, and unanimously adopted by voice vote. Ms. Kiefer pointed out that the SEQR form only addresses the sale of land, not the land being acquired, and it is, therefore, incomplete. She said she will not oppose the actions, but request that the County specifically express its concern to the Town of Spencer that the salt storage facility be protected from the weather to avoid potential runoff. WHEREAS, the County currently leases the lands of Landfill, Inc., and WHEREAS, those lands include a building formerly used as a waste transfer station, and WHEREAS, the County has no further use for the building, and the building and surrounding lands may pose a potential liability to the County, and WHEREAS, the Town of Spencer would like to use the building to keep salt for its highway operations, and WHEREAS, by acquiring the lands of Landfill, Inc., and then transferring the portion with the transfer station (as designated in Exhibit A) to the Town of Spencer, Tompkins County will benefit residents of the County because such a transaction would: (a) save the County the cost of paying taxes on the property, and 342 November 19, 1996 (b) save the County the cost of maintaining the road and fence in the area, and (c) save the County other expenses of maintaining the adjacent landfill, and WHEREAS, all the property in Exhibit A is located in the County of Tioga, and WHEREAS, transferring the land to the Town of Spencer will limit the County's potential liability with respect to those lands, now therefore be it RESOLVED, on recommendation of the Solid Waste and Recycling Committee, That the County Attorney is hereby authorized to acquire the lands of Landfill Inc., (120 acres) for one dollar ($1.00) and then transfer the portion of said land designated as Exhibit A to the Town of Spencer (6.276 acres) in exchange for one dollar ($1.00), and for the Town of Spencer's agreement to maintain the road and the fence, and to provide annual mowing of the landfill. SEQR ACTION: UNLISTED ACTION (Short Environmental Assessment Form prepared) uo1CM 453.io' $ il r i C -F N 1 M :. it 4. R eot 2so.00' 5 0 II�r I n ti. Qs £t1bi'• .Q. 343 :w okA Zszi itt Recess November 19, 1996 Chairman Stein declared recess from 7:30.p.m. - 7:37 p.m. Public Hearing Concerning Proposed Tompkins County Budget and 1997-2001 Capital Program Chairman Stein opened the public hearing at 7:37 p.m. on the proposed 1997 Tompkins County Budget and Capital Program. Clare Hendricks, Ithaca, said she is a user of services provided by the Ithaca Breast Cancer Alliance. She spoke in support of the organization and told of the benefits and value of the program. Ms. Hendricks urged the Board to support the funding request of the Ithaca Breast Cancer Alliance. Andy Gladstone, Director of Ithaca Breast Cancer Alliance, stated this is the first time the Alliance has requested funds from the County. Ms. Gladstone said at the Budget and Fiscal Policy Committee, it was suggested that since this is the first time the Alliance has requested County funding that they ask for a one-time request rather than a fiscal target until the Agency develops a track record. Ms. Gladstone said the Alliance does have a track record with the County. This is the Agency's third year delivering support a