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HomeMy WebLinkAbout2002 Proceedings71r1r7- 777 2002 PROCEEDINGS Tompkins County Board of Representatives TOMPKINS COUNTY NEW YORK TIM JOSEPH, 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 2002, contained in this volume is true and correct. CATHERINE COVERT Clerk of the Board of Representatives 2002 STANDING AND SPECIAL COMMITTEES ASSIGNMENTS AND RESPONSIBILITIES STANDING COMMITTEES Budget and Capital Penniman (Chair), Booth (Vice Chair), Robertson, McBean, Todd Appropriations Borrowing and Debt Service Contingent Funds Fund Balances Unallocated Revenues Budget process Fiscal Policy TC3 Budget Capital Programs Government Operations Koplinka-Loehr (Chair), Booth (Vice Chair), Kiefer, Totman, Todd Personnel Department/issues Affirmative action Performance Reviews Code/Board of Ethics Human Rights Assessment Board of Elections Board of Representatives Charter and Code Administration Law Finance County Clerk Purchasing Risk Management Weights and Measures Public Information Health and Human Services Winch (Chair), Schuler (Vice Chair), Booth, Robertson, Proto Department of Social Services Mental Health Department/Agencies Public Health Department/Agencies Alcohol Addiction Health Planning Council Human Services Coalition Relevant Human Services Coalition agencies Environmental Health Animal Health and Control Office for the Aging Youth Bureau Tompkins Community Action 2002 STANDING AND SPECIAL COMMITTEES ASSIGNMENTS AND RESPONSIBILITIES Planning Kiefer (Chair), Penniman (Vice Chair), Schuler, Robertson, Proto Intermunicipal relations Comprehensive Planning Planning Department Housing Community Development MPO Soil and Water Conservation District Flood Control/Water Quality Water/Sewer Environmental Management Council Agricultural District Forestry TC3 Cooperative Extension Public Safety Schuler (Chair), Totman (Vice Chair), Blanchard, McBean, Herrera Alternatives to Incarceration Criminal Justice District Attorney Defense of Indigents Probation Sheriff/Jail STOP -DWI Fire, Disaster, and EMS E911 Emergency Planning Relevant Human Services Coalition Agencies Public Works Blanchard (Chair), Lane (Vice Chair), Winch, Todd, Kiefer Buildings and Grounds Bridges and Highways TCAT Airport Engineering Solid Waste/Recycling Public Works Administration Economic and Workforce Development Lane (Chair), Herrera (Vice Chair), Totman, McBean, Koplinka-Loehr Workforce Development Board Job training programs 2002 STANDING AND SPECIAL COMMITTEES ASSIGNMENTS AND RESPONSIBILITIES Economic DevelopmentlTCAD Industrial Development Agency Chamber of Commerce Electric Power Arts Dewitt Historical Society County Historian Tourism Program/CVB Strategic Tourism Planning Ithaca Downtown Partnership Celebrations Tompkins County Public Library Rural libraries Finger Lakes Library System Information Technology Services Policy Committee Winch (Chair), Kiefer, Joseph Information Technology Services Department SPECIAL COMMITTEES Charter Review Committee Lane (Chair), Proto (Vice Chair), Kiefer, Penniman, Herrera Review county charter with an eye to administrative structure, anachronisms, and recommend changes to the full board. Space Needs and Location - Joseph (Chair), Lane (Vice Chair), Koplinka-Loehr, Proto, Booth Short and long-term space needs Plan for old library site Communications Capital Prolects - Blanchard (Chair), Penniman (Vice Chair), Booth, Totman, Robertson Consolidated 911 Department of Transportation relocation Towers Public Safety Building Space Study Committee - Joseph (Chair), Schuler, Blanchard, McBean, Todd Library Coordination - Proto, Winch 2002 TOMPKINS COUNTY LEGISLATURE Left to right - standing Martha Robertson, District No. 13, Town of Dryden (Western part); George L. Totman, District No. 9, Town of Groton, NW Town of Dryden, SE Town of Lansing; Barbara Blanchard, District No. 1, City of Ithaca, part of Town of Ithaca; Leslyn McBean-Clairborne, District No. 2, City of Ithaca; Thomas L. Todd, District No. 6, Town of Lansing, portion of Village of Lansing; Michael E. Lane, District No. 14, Town of Dryden (Eastern part), Villages of Dryden and Freeville; Peter Penniman, District No. 15, Town of Ulysses, Village of Trumansburg, Town of Enfield (Northern part); Tim Joseph, District No. 12, Town of Ithaca (Western part); Richard S. Booth, District No. 3, City of Ithaca, part of Town of Ithaca; Katherine Luz Herrera, District No. 5, City of Ithaca, portions of Town of Ithaca and Village of Cayuga Heights; Daniel M. Winch, District No. 8, Town of Newfield, Town of Enfield (Southern part); Nancy B. Schuler, District No. 4, City of Ithaca; Michael Koplinka-Loehr, District No. 11, Town of Ithaca (Eastern part); Dooley Kiefer, District No. 10, Villages of Lansing and Cayuga Heights, Northeast Town of Ithaca; Frank P. Proto, District No. 7, Towns of Caroline and Danby, portion of Town of Ithaca Left to right - seated Jonathan Wood, County Attorney; Karen Fuller, Deputy Clerk of the Legislature; Stephen Whicher, County Administrator; Catherine Covert, Clerk of the Legislature; Edward Marx, Deputy County Administrator/Planning Commissioner; David Squires Finance Director January 2, 2002 Organizational Meeting Called to Order Catherine Covert, Clerk of the Board, 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 (Representative Todd). Administration of Oath of Office Mrs. Covert introduced Aurora Valenti, County Clerk. Ms. Valenti administered the Oath of Office to all Board members. City of Ithaca: District No. 1 District No. 2 District No. 3 District No. 4 District No. 5 Towns: - Barbara Blanchard, 316 Brookfield Road - Leslyn McBean, 528 West Clinton Street - Richard S. Booth, 510 Mitchell Street - Nancy B. Schuler, 110 Ferris Place - Katherine Luz Herrera, 116 Utica Street District No. 6 - Thomas L. Todd, 847 Davis Road, Lansing District No. 7 - Frank P. Proto, 2585 Slaterville Road, Slaterville Springs District No. 8 - Daniel M. Winch, 310 Burdge Hill Road, Newfield District No. 9 - George L. Totman, 31 Church Street, Groton District No. 10 - Dooley Kiefer, 629 Highland Road, Ithaca District No. 11 - Michael A. Koplinka-Loehr, 124 Crest Lane, Ithaca District No. 12 - Tim Joseph, 772 Elm Street Extension, Ithaca District No. 13 - Martha Robertson, 1655 Ellis Hollow Road, Ithaca District No. 14 - Michael E. Lane, 42 East Main Street, P.O. Box 835, Dryden District No. 15 - Peter Penniman, 3391 HalseyviIle Road, Trumansburg Election of Temporary Chairman Mrs. Covert announced that the first order of business was the election of a temporary chairman. Mr. Koplinka-Loehr nominated Mr. Totman as Temporary Chairman, seconded by Mrs. Schuler. After hearing no more nominations, it was Moved by Mrs. Schuler, seconded by Mr. Joseph, and unanimously adopted by voice vote by members present, to close nominations. A voice vote resulted as follows for Temporary Chairman: Ayes - 14, Noes - 0, Excused - 1 (Representative Todd). MOTION CARRIED. Mr. Totman took the chair as Temporary Chairman. Mr. Lane said we are about to nominate and elect one of our good colleagues as Chair of the Board. He said he has refrained from commenting about this matter for the last several weeks because he felt it was better that the matter not be discussed in the press. However, an article appeared in the Ithaca Journal that accurately described what has taken place. He said at a Democratic caucus Mr. Joseph received the majority of votes for Chairman. Mr. Lane said 2002 is an important year for Tompkins County and it is vital that the Board remain together and remain united across both political parties. Mr. 3 January 2, 2002 Lane said he will gladly vote for Mr. Joseph and hopes that anyone who had interest in his own candidacy for Chairman will do the same. Election of Permanent Chairman The next order of business was the election of a Permanent Chairman and nominations were opened. Ms. Blanchard nominated Mr. Joseph as Permanent Chairman. Ms. Blanchard said many people may be surprised by this nomination because it is a very well- known fact that she and Mr. Joseph have fairly great differences in viewpoints on several issues. But the best way to explain her reason for supporting Mr. Joseph as chairman makes her recall one of her favorite movies - "The Odd Couple." The characters in that movie, Felix and Oscar, had major differences in their approach to life, but they were fast friends and supported each other in many ways. Ms. Blanchard said over the last several years, she and Mr. Joseph have been drawn into a series of projects that required the best both had to give, such as the public safety communications project and alternative to incarceration initiatives. She said Mr. Joseph has to be a stalwart colleague and she has learned to value his opinion. She said that have built a working relationship that focuses on each others strengths and mostly ignores weaknesses. Ms. Blanchard stated, like Felix and Oscar, when the best interest of County is at stake they will work together respectfully, and part of the team that includes everyone in t his room. She urged everyone to join with her and support Mr. Joseph as Chairman. The motion was seconded by Mr. Proto. Mr. Proto said Mr. Joseph has shown he has a good grasp of the budget process and has brought the Board through some very difficult times. Mr. Proto said although he and Mr. Joseph do not share the same philosophy all of the time, he believes Mr. Joseph has been a fair and even-handed individual. After hearing no more nominations, it was MOVED by Mr. Proto, seconded by Mrs. Schuler, and unanimously adopted by voice vote by members present, to close nominations. A voice vote resulted as follows to elect Mr. Joseph Permanent Chair: Ayes: 14, Noes - 0, Excused - 1 (Representative Todd). MOTION CARRIED. Mr. Joseph was elected Permanent Chair of the Board and took the chair. Election of a Vice Chairman Nominations were opened for Vice Chairman. Mr. Penniman nominated Mr. Lane as Vice Chair. He said Mr. Lane has served the Board very well over the last few years in that capacity and is very knowledgeable about a wide variety of County programs. He said Mr. Lane is a student of history and has a good sense of how County government has evolved over the years and brings to the Board an important rural perspective. The motion was seconded by Mr. Winch. Mr. Winch said he served under his chairmanship of the Public Works Committee and Mr. Lane has always been a true gentleman. Hearing no more nominations, it was MOVED by Mr. Proto, seconded by Ms. Kiefer, and unanimously adopted by voice vote by members present, to close nominations. A voice vote resulted as follows to elect Michael Lane Vice Chairman: Ayes - 14, Noes - 0, Excused - 1 (Representative Todd). MOTION CARRIED. "In the nine years that I've sat on this Board the thing that has most impressed me is the integrity of its members, their commitment to public service and the respect with which they treat each other and the public. We have frequent, and often deep political differences, and we sometimes argue vehemently over policies and priorities. But there has never been any doubt in my mind that each member is sincere 4 January 2, 2002 about seeking what they believe is best for the County and its citizens. Today we welcome three new members to this Board: Kathy Luz Herrera, Dick Booth, and Martha Robertson. I know that all three of these representatives will continue our tradition of strong advocacy, openness to the public, and respect for each other. As we move forward this year to face the difficult problems in governing this county, I know that we will seek, as individuals and as a body, to act wisely, responsibly, and compassionately. I know that we will not always succeed, but I also know that the effort will be sincere. As we engage particular problems and find ourselves in passionate disagreement with each other, I ask that we keep one thing always in mind: While there will be times and issues where we will inevitably be opponents, we need never be enemies. "Much of our attention this year will again be focused on budget issues. State tax revenues have been severely reduced by the slowing economy and the September 11 attack on the World Trade Towers. This situation is compounded by foolish tax cuts that heavily favored the wealthy and assumed that good economic times and budget surpluses were permanent. The state is responding, in part, by shifting expenses to local governments. Meanwhile the same slowed economy will hold down our sales tax revenues while driving up expenses to care for our most hard pressed citizens. We will probably be faced once more with the prospect of both a significant property tax increase and serious reductions in services. This will require the Board to make difficult and painful decisions. It will be the responsibility of the Budget Committee, led by Peter Penniman, to manage that decision making process in a way that ensures that the Board has a clear understanding of the budget situation and the information it needs to make those decisions thoughtfully and knowledgeably. "Following the September 11 attacks our public safety agencies have been called upon to respond to both threats and fears and to take new steps to ensure both the security, and the sense of security of our citizens. The Public Safety Committee, chaired by Nancy Schuler must oversee those efforts and ensure that they are coordinated and effective. Last year we began a series of new initiatives designed to reduce crime in our community and bring down the population in our jail. This committee is charged with encouraging and supporting these efforts, while also evaluating their effectiveness. We are in largely uncharted areas here, and while we expect, and have already experienced, some success, we should also expect some difficulties and some failures. We must be ready and willing to see clearly what isn't working and to make changes in programs to make them more effective. "The Health and Human Services Committee, under Dan Winch, will be at the center of some of our most difficult challenges. Unless the economy improves rapidly the departments and agencies that report to this committee will bear the brunt of the increased demands that come with growing unemployment, homelessness, hunger and all the other consequences of an economic downturn. All of these problems will be faced by agencies that are themselves having to make do with reduced resources. This committee must provide leadership in dealing creatively with this situation. It must encourage interagency cooperation and coordination to deliver vital services in the most efficient and cost effective way possible. "The Economic and Workforce Development Committee faces a special challenge. The two Board members most deeply involved and most intimately familiar with our economic development efforts, Barbara Mink and Stuart Stein, have left the Board. Great strides have been made in this area under their leadership and we have a strong foundation in TCAD, our Workforce Development program, and in the greatly improved relationships we have built with the business community. I have charged Mike Lane to lead our economic development efforts, which have the long term potential to relieve some of the financial pressures felt in so many other areas. "The County has just hired a new Planning Commissioner. This provides an opportunity to reexamine both the structure and activities of the Planning Department. Dooley Kiefer will lead the Planning Committee in working with the new Commissioner to develop a work plan and departmental organization that meets the needs of County citizens and of the County Board. 5 January 2, 2002 "Our Public Works Department has lost several key staff people and has been experimenting with different organizational structures in the last few years. We have not yet found a way to ensure that critical functions are adequately covered. This year I am asking the Public Works Committee, under the Chairmanship of Barbara Blanchard, to develop a workable structure and organization that both creates clear areas of responsibility and ensures that vital tasks are carried out. "The Government Operations Committee, chaired by Mike Koplinka-Loehr, looks to the internal functioning of County government. This year the committee will focus attention on a broad review of the various committees and boards that manage various county projects or advise in specific areas. They will look to streamline functioning of these bodies, eliminate those that have outlived their usefulness, and revitalize those that are still needed but have become dormant. In addition this committee will continue and expand the County's quality management initiative, and work towards making program evaluation a routine part of county operations. "Three special committees will continue their work into this year. The Communications Capital Projects Committee, led by Barbara Blanchard, is working on construction of a new consolidated dispatch center, an emergency communications system, and the relocation of the State Department of Transportation facility. Charter Review, under Mike Lane, will continue its reexamination of our county charter and will bring us a series of proposed revisions. I will take over Chairmanship of the Space Needs and Location committee which is looking at alternatives for reusing the old library building, and meeting the space needs for various County programs and for the State Court system. "Public libraries are emerging as an issue in need of special attention this year. New York State is encouraging a new look at how libraries are organized in an effort to ensure that all citizens of the state have access to adequate library services. The County's own Library Coordination Committee recommended an examination of alternative organizational structures for libraries. It is reasonable that the County and the various libraries should undertake this examination together, rather than many groups collecting and examining the same information separately. Ultimately the libraries themselves must decide on organizational structure, but the County is ready to work with them to explore options and is prepared to take leadership in that exploration if the Libraries want us to. Frank Proto and Dan Winch will represent the County in whatever committee is jointly created to pursue this issue. "Finally, there is one reform measure I want to institute immediately. Proud as I am of the way this Board functions, there is one thing we do that makes us an object of scorn and ridicule among those who watch these meetings. From now on, when a committee chair is called upon to report, they are absolutely prohibited from saying, 'We have not met since our last meeting.' Please say what you mean. 'We have not met since I last reported,' or simply, 'We have not met'." Appointment of Clerk of the Board It was MOVED by Mr. Totman, seconded by Mrs. Schuler, and unanimously adopted by voice vote by members present, to reappoint Catherine Covert as Clerk of the Board. Appointment of County Attorney It was MOVED by Mr. Koplinka-Loehr, seconded by Mr. Lane, and unanimously adopted by voice vote by members present, to reappoint Jonathon Wood as County Attorney. Privilege of the Floor by the Public No member of the public wished to speak. 6 January 2, 2002 Privilege of the Floor by Board Members Mr. Lane, District No. 14 Representative, introduced his mother, Viola Lane. Mr. Lane congratulated and welcomed new Board members. Mr. Booth, District No. 3 Representative, thanked Stuart Stein for serving the Board and representing the residents of District 3 so well over the last twenty years. Mr. Penniman, District No. 15 Representative, stated there are vacancies on the County's advisory boards. He said information on these vacancies can be found by calling the Board Office or checking the County's website. Presentation of Award Mr. Joseph acknowledged an award that was given to the County by the City of Ithaca and the Rotary Club. Mrs. Schuler attended the event where it was presented and said this special recognition was given to the Board. The award reads: "Amidst pressing needs at the former Library, the Tompkins County Board of Representatives decided to convert the vacant former Woolworth building. This building has been thoughtfully upgraded, becoming an excellent example of adaptive reuse of a big box building. The glass arcade, the entry drum at the corner entrance, and the south -facing glass -walled reading room all lend dramatic new interest to the facade and serve as welcoming features to the local community. As a result, with considerable increased usership, the Library has become a new anchor and hub of activity for downtown. Chair's Report and Appointment(s) At this time Mr. Joseph distributed 2002 Committee assignments and a proposed meeting schedule. Report from the County Administrator Mr. Whicher offered any Board member a tour of all County complexes. Any one interested should contact County Administration or the Board Office. Mr. Whicher introduced Edward Marx who has recently been hired to fill the position of Planning Commissioner. He comes from Oswego County and has extensive planning experience in New York State. Mr. Marx said it is an honor to hold the position as Planning Commissioner for Tompkins County and he looks forward to working with the Board and employees of Tompkins County. Report from the County Attorney Mr. Wood announced a new juvenile prosecutor has been hired. Steven Flash is very well qualified and previously served as an Assistant District Attorney for Tompkins County for six years. Report from the Finance Director Mr. Squires had no report. Addition of Resolution(s) to the Agenda There were no resolution(s) added to the agenda. Withdrawal of Resolution(s) from the Agenda 7 January 2, 2002 There were no resolution(s) withdrawn from the agenda at this time. Later in the meeting a resolution entitled Appropriation from Contingent Fund for Renovations - Mental Health, was withdrawn from the agenda. Approval of Appointment(s) Under the Consent Agenda It was MOVED by Mr. Todd, seconded by Mr. Winch, and unanimously adopted by voice vote by members present, to approve the following appointment(s) under the Consent Agenda: Mental Health Subcommittee Sari Feldman — consumer - term to expire December 31, 2003 Linda Millaine Pierro — term to expire December 31, 2003 Mental Health Services Board Stu Bergman — term to e)cpire December 31, 2005 Melissa Brous — term to expire December 31, 2005 Mary Hutchens — term to expire December 31, 2005 Anne Brous - term to expire December 31, 2005 Paul Bursic — term to expire December 31, 2005 Report from the Budget and Capital Committee Mr. Joseph, Chairman, had no report. Report and Presentation of Resolution(s) from the Government Operation(s) Committee Mr. Koplinka-Loehr, Chairman, reported the Committee has not met since the last Board meeting. RESOLUTION NO. 1- ESTABLISHING 2002 MEETING DATES MOVED by Mr. Koplinka-Loehr, seconded by Ms. McBean, and unanimously adopted by voice vote by members present. RESOLVED, That the 2002 regular meetings of the Tompkins County Board of Representatives are as follows: Wednesday, January 2, 2002 at 5:30 p.m. Tuesday, January 15, 2002 at 5:30 p.m. Tuesday, February 5, 2002 at 5:30 p.m. Tuesday, February 19, 2002 at 5:30 p.m. Tuesday, March 5, 2002 at 5:30 p.m. Tuesday, March 19, 2002 at 5:30 p.m. Tuesday, April 2, 2002 at 5:30 p.m. Tuesday, April 16, 2002 at 5:30 p.m. Tuesday, May 7, 2002 at 5:30 p.m. Tuesday, May 21, 2002 at 5:30 p.m. Tuesday, June 4, 2002 at 5:30 p.m. Tuesday, June 18, 2002 at 5:30 p.m. Tuesday, July 2, 2002 at 5:30 p.m. Tuesday, July 16, 2002 at 5:30 p.m. Tuesday, August 6, 2002 at 5:30 p.m. Tuesday, August 20, 2002 at 5:30 p.m. 8 Tuesday, Tuesday, Tuesday, Tuesday, Wednesday, Tuesday, Tuesday, Tuesday, September 3, September 17, October 1, October 15, November 6, November 19, December 3, December 17, SEQR ACTION: TYPE 11-20 January 2, 2002 2002 at 5:30 p.m. 2002 at 5:30 p.m. 2002 at 5:30 p.m. 2002 at 5:30 p.m. 2002 at 5:30 p.m. 2002 at 5:30 p.m. 2002 at 5:30 p.m. 2002 at 5:30 p.m. RESOLUTION NO. 2 - DELEGATION OF AUTHORITY TO AUTHORIZE CERTAIN TAX ROLL CORRECTIONS AND TAX REFUNDS UNDER $2500 MOVED by Mr. Koplinka-Loehr, seconded by Ms. Kiefer, and unanimously adopted by voice vote by members present. WHEREAS, Section 554 of the Real Property Tax Law authorizes a tax levying body to delegate the correction of tax rolls due to a clerical error, an error in essential fact, or an unlawful entry (an unlawful entry is any information on the tax roll that violates the Real Property Tax Law), and WHEREAS, Section 556 of the Real Property Tax Law authorizes a tax levying body to delegate the payment of tax refunds due to a clerical error, an error in essential fact, or an unlawful entry (an unlawful entry is any information on the tax roll that violates the Real Property Tax Law), and WHEREAS, it is the opinion of the Government Operations Committee, That such delegation would be beneficial to the taxpayer and more efficient in processing said refunds and therefore beneficial to the taxpayer, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the County Director of Assessment shall transmit corrections and/or refund recommendations to the County Administrator, RESOLVED, further, That the County Administrator is hereby authorized to make Tax Roll corrections and /or payments of any refunds as if the Board of Representatives had performed this audit in compliance with Paragraph 1-8 of Section 554 and 1-7 of Section 566, RESOLVED, further, That any Tax Roll correction and/or refund of $2500 or more must be approved by the Board of Representatives pursuant to Paragraph 9(a) and Paragraph 8(a) of Section 556 of the Real Property Tax Law, RESOLVED, further, That the County Administrator shall transmit on or before the 15th day of each month a report to the Board of Representatives of all the corrections and refunds processed, RESOLVED, further, That this resolution shall only be in effect during the calendar year 2002. SEQR ACTION: TYPE 11-20 Report from the Public Works Committee Mr. Lane, Chairman, had no report. Report and Presentation of Resolution(s) from the Planning Committee Mr. Penniman, Chairman, reported the Committee is pleased to have a new Commissioner on staff and looks forward to going over the Planning Department's workplan and resolving some issues and filling vacancies. At the last meeting the Committee learned the County was successful in a federal grant application for $130,000 for the Vital Communities initiative. A report was given by the Environmental Management Council on a proposed policy and recommendations on the leasing of County land for gas drilling. This proposal was forwarded to the County Attorney's office for evaluation and review and will 9 January 2, 2002 come back to the next Committee meeting. Mr. Wood was also asked to draft a standard document that addresses gas drilling. Mr. Penniman said the Committee discussed the Planning Federation. The Federation was placed on hold during 2001. The Municipal Officials Association will be discussing this and will bring a recommendation back to the Committee on how they would like to see the Planning Federation move forward. RESOLUTION NO. 3 - AUTHORIZING PUBLIC HEARINGS FOR HOUSING, PUBLIC FACILITIES, AND MICROENTERPRISE APPLICATIONS FOR THE SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR PROGRAM YEAR 2002 FUNDING MOVED by Mr. Penniman, seconded by Mr. Winch, and unanimously adopted by voice vote by members present. WHEREAS, applications for housing, public facilities, and microenterprise programs for the New York State Governor's Office for Small Cities' program year 2002 funding for the Small Cities Community Development Block Grant (CDBG) program will be accepted in the spring of 2002, and WHEREAS, Tompkins County would like to apply for these 2002 Small Cities CDBG funds, and WHEREAS, Tompkins County is required to have two public hearings pursuant to any 2002 CDBG applications for funding, now therefore be it RESOLVED, on recommendation of the Planning Committee, That two public hearing dates be set: one for January 15, 2002, to discuss general housing, public facilities, and microenterprise needs in the County, and one for February 19, 2002, to discuss submitting a specific application for funding under the CDBG program. Both of these hearings will be held at a regularly scheduled meeting of the Board of Representatives, RESOLVED, further, That the Clerk of the Board of Representatives is authorized to place proper notice of these public hearings in the official newspaper of the County. SEQR ACTION: TYPE II -20 Report from the Health and Human Services Committee Mrs. Schuler, Chair, reported the Committee met on December 19th and heard from Mary Pat Dolan on the Dental Advisory Committee. Additional reports will be provided to the Committee as that group continues to meet. Mrs. Schuler reported November was National Adoption Month. At a special ceremony held on November 17th, ten children were adopted in Tompkins County. The Health Department reported on the Shelter Valley water system and will report back to the Committee on this subject at their next meeting. Judge Marjorie Olds attended the Committee and discussed a proposal for court day care, and departments also reported on their goals and accomplishments for 2001. The Recreation Partnership bylaws and membership resolution will be forwarded to the Board for action at an upcoming meeting. RESOLUTION NO. - APPROPRIATION FROM CONTINGENT FUND FOR RENOVATIONS - MENTAL HEALTH MOVED by Mrs. Schuler, seconded by Mr. Proto. Mr. Squires said the Department will not be able to have this work completed by the end of the year. He said because the books for 2001 have been closed they will not be able to order any materials, and if these funds become rollover the Department will not have access to them until May. He suggested that the resolution be amended to make the funds available in the 2002 budget. Mr. Joseph said he would like the work performed prior to a request being made for funds. Mr. Joseph granted Mrs. Schuler permission to withdraw the resolution and bring it back at a later date. RESOLUTION WITHDRAWN. 10 January 2, 2002 Report from the Economic and Workforce Development Committee Ms. Blanchard, Vice Chair, had no report. Report from the Public Safety Committee Mr. Totman, Chairman, had no report. Report from the Charter Review Committee Mr. Lane, Chairman, reported the Committee has not met since the last Board meeting. He expects work to continue and is still waiting for correspondence from the Census Bureau that will affirm the position the County has taken all along in regard to the redistricting process. Report from the Communications Capital Projects Committee Ms. Blanchard, Chair, reported the Committee will meet on January 22 at 11:30 a.m. Report from the Information Management Committee Ms. Kiefer, Chair, said not meeting was held and therefore, had no report. Report from the Space Needs and Location Committee Mr. Joseph, Chairman, reported the Committee has not met since the last Board meeting. Report from the Tompkins 2020 Committee Mr. Koplinka-Loehr, Chairman, had no report. Approval of Minutes of December 4, 2001 It was MOVED by Ms. Blanchard, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, to approve the minutes of December 4, 2001 as submitted. MINUTES APPROVED. Adjournment On motion the meeting adjourned at 6:31 p.m. 11 January 15, 2002 Regular Meeting Public Hearing Chair Joseph called the public hearing to order at 5:30 p.m. concerning the Small Cities program dealing with general housing, public facilities, and microenterprise needs in the County. Chair Joseph introduced Dave Carlson of Carlson Associates who explained the program and said that comments from the public would immediately follow. Mr. Carlson explained that the program has been in existence since 1978. He said that Tompkins County has utilized this program extensively within municipalities as well as for the County. He reported that since 1993 the County has received twelve separate grants totaling over five million dollars. These funds have been used primarily for the County Homeownership Program that assists lower income individuals attain the goal of homeownership, as well as funding economic development projects as they occur. Mr. Carlson said there is fifty-five million dollars available for Small Cities requests and that it is the third year New York State is running the program instead of Housing and Urban Development. This is the first of two public hearings that need to take place prior to submission of the grant application that is due on April 12, 2002. Chair Joseph asked if there were any questions or if anyone cared to speak regarding the program. No member of the public wished to speak. Ms. Kiefer, District No. 10 Representative, inquired whether actual microenterprises had been funded. Mr. Carlson indicated that he believed that one microenterprise program had been funded and that the reason for so few is due to specific criteria required for eligibility. Mr. Booth, District No. 3 Representative, requested clarification of the amount of funding available through the grant. Mr. Carlson responded that the fifty-five million dollars is a state-wide figure and that it will be broken out into two areas, one for economic development in the amount of fifteen million dollars which would be available year-round for projects pertaining to economic development up to an amount of seven hundred fifty thousand dollars, and the second area is for homeownership, housing related, or public improvement projects for up to six -hundred thousand dollars. All of these are Federal funds that are administered by New York. Ms. Blanchard, District No. 1 Representative, asked if funds used by Tompkins County Area Development are originally through this program. Mr. Carlson said that the funding is not through this particular program. Chair Joseph asked if anyone else cared to speak to the issue. There being no further speakers, he closed the public hearing 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. Privilege of the Floor by the Public 12 January 15, 2002 Joel Harlan of Dryden addressed the Board on the subjects of high taxes and bringing businesses into the area. He expressed concern that the higher taxes and layoffs would have a negative effect on the local economy by creating a situation requiring increased rents and cost of products. He felt that this would result in individuals choosing to make their purchases outside of the area, thereby compounding the situation. He felt that it was important to look to the future and possibly work toward the development of technological business like the Silicon Valley. He also felt that Cornell University and Ithaca College should have more responsibility to contribute to our area. Mr. Harlan also said consideration needs to be given to the local small merchant and their needs to continue rather than that of the larger enterprises. Christiann Dean, Chair of the Town of Ithaca Agriculture Committee, thanked the Board in advance for considering the County's role in Agricultural Land Protection. She said that as the Town worked through this they have found it is a complex issue and has worthwhile initiatives and examples elsewhere in the country to learn from. She offered to act as a representative from the Town of Ithaca Agriculture Committee to share information and work with the County. She said that the Town has approved a program for development rights for both agricultural land and/or ecologically environmentally appropriate properties. Although the Town has not yet purchased development rights from a farmer she felt that it would be important for the County to be involved since many farms cross various townships. Ms. Dean expressed the desire to work cooperatively with the County toward this end. Michael Powell, a resident of the City of Ithaca, spoke in support to the Small City Block Grant and encouraged the City and Mayor of Ithaca to review this program which will beautify and redeem neighborhoods. Chair Joseph indicated that there were a lot of young people in the audience and inquired if there was a class present to witness the meeting. Margo Agostini, a Senior at Ithaca High School, acted as representative of the group and informed the Board that the students were Seniors completing a participation requirement in their Government classes. Their assignment was to see what public meetings are like. Chair Joseph thanked them for coming and said that he hoped they enjoy the meeting. Privilege of the Floor by Board Members Ms. Blanchard, District No. 1 Representative, stated that there was a news article in the local section of The Ithaca Journal that compared Tompkins County tax rates to other counties. She said that the article was not clear in stating what figures are included in the reported Tompkins County tax bill. She felt it is a misleading figure and requested clarification on how the figure was derived. Mr. Proto, District No. 7 Representative, provided the Board an update on the Danby Academy, which the Board helped to finance last year. The Academy, which provides an opportunity for students in the areas of agriculture and horticulture, was established as a result of contributions from various venues and the cooperation of agencies. Mr. Proto stated that this project is the first one of its kind in New York State and is a result of funding provided by the County, a fifty thousand dollar grant that Senator Kuhl helped to obtain, and it is hoped to receive an additional fifty thousand dollars this year as well. In addition, he said that there are approximately thirteen to fifteen individuals from various groups who are working on this project. Mr. Charles Grumman of Tompkins-Seneca-Tioga Board of Cooperative Educational Services is working on curriculum development for this program. At the present time one class, Advanced Placement Environmental Science and Global Observation, has been completed and it is hoped to increase to three classes in the near future. Mr. Proto reported that a number of individuals traveled to Massachusetts to observe a model of this program. Mr. Proto said that many scholarships in these areas go unfilled as a result of lack of knowledge. This program is hoped to attract Junior and Senior students who possess an interest in these fields to aid them in expanding their educational options. 13 January 15, 2002 Mr. Penniman, District No. 15 Representative, thanked Dave Carlson and the Planning Department and Better Housing for the excellent work they have been giving over the years. There is still a need for continued success in the programs. Mr. Penniman reminded Board members that he will be attending the New York State Association of Counties Legislative Meeting being held in Albany January 271 through January 29th and hoped that they had the opportunity to review the information he gave them in connection with this conference. Ms. Robertson, District No. 13 Representative thanked Ms. Dean for attending the meeting this evening and speaking to the Board. She said she hoped the County would work with the Town on the Purchase of Development Rights proposal. Public Information — Television and Microphone Usage Ms. Skinner, Public Information Officer, introduced herself to new Board Representatives and members of the public. She said that she would like to take a moment to familiarize the new members with the best way to project themselves at meetings as they are broadcast on the local access television network. Ms. Skinner addressed the questions she had received regarding the light level in the room and requested that Board members please refrain from bringing in desk lamps as they create a "hot spot" for the viewing cameras. Next, Ms. Skinner introduced Mr. Jim Blizzard, who explained the proper way to utilize the microphones to project the best audio levels. Presentation of Agricultural Development Rights Mr. Joseph introduced Joan Jurkowich of the County Planning Department who gave an overview of this project that was a joint effort of the Tompkins County Planning Department and Cooperative Extension working with consultant, Mr. George Franz of George R. Franz and Associates, American Farmland Trust, and Professor Tom Daniels of SUNY Albany to review the acceptance and effectiveness of purchasing development rights in the County. Questions directed to this project included: Would it be accepted in Tompkins County; if so, how would this program be operated, the cost of the program, and what possible funding resources are available. Mr. Franz then spoke, introducing his colleagues, Terri Platek of the American Farmland Trust, Northeast Office located in Saratoga Springs, and Tom Daniels of the SUNY Albany Department of Geography and Environmental Planning. Mr. Daniels shared a handout with the Board that provided a summary of information on this program. He said that he has been a visitor to the Tompkins County region over the past thirty years and that it is one of his favorite areas of the State. He provided a history of his background in farmland preservation. For nine years he led the farmland preservation programs in Lancaster County, Pennsylvania. He then thanked all individuals who have worked with this project, which included employees of the Planning Department, Cornell Cooperative Extension, members of the steering committee for this study, Agricultural and Farmland Protection Board, and the public input from the public hearings held. Mr. Daniels said that Tompkins County has a significant agricultural industry that is noted in the latest United States Agricultural Census done in 1997 that indicates approximately ninety-five thousand acres of farmland, with the farmers producing approximately forty-seven million dollars in crops and livestock that year. An overview of purchasing of development rights was provided by Mr. Daniels. He said it is a voluntary program that in exchange for a specified cash payment, the landowner limits the use of the land 14 January 15, 2002 to farmland or open space usage. This sale of rights is in the form of a conservation easement. The benefits to the landowner are a way to receive cash from the land without having to sell the land for development and to be able to utilize the funds for the farm operation, strengthen the farm, set up a retirement fund, or assure the continuation of the farm beyond the current generation. The benefits is to the local government are that the land remains on the tax roll as private property, the open space is maintained which contributes to the quality of life in the county, the agricultural industry is strengthened, and it is a way to influence the location and the pace of development in the community. Landowners retain all other rights and responsibilities that go with the landownership, such as the right to sell the property and liability for property taxes. The property remains in private ownership and no public access is allowed. Mr. Daniels said that during the study they also reviewed waterfront access and the acquisition of natural areas in the County. They did not feel that the purchase of development rights was the appropriate tool for waterfront access and suggested outright purchase of property in order to manage it. He said that in the case of natural areas the purchase of development rights does have some potential but recommends that an open space inventory and plan should be completed first. Next, Mr. Franz explained an important step is to be certain that the purchase of development rights encompasses the best agricultural properties. Using criteria that include soil quality, existing concentrations of farmland and participation in the Agricultural Districts program, approximately forty- two thousand acres of farmland in six locations in the county warrant consideration for protection through this program. These areas include: approximately fourteen thousand acres in the northwestern area of the County, primarily in the Town of Ulysses but also extending into the Towns of Ithaca, and Enfield and approximately thirteen thousand acres in the northern area of the County primarily in the Town of Lansing with about one mile extending into the Town of Groton. The remaining areas are a rectangular area on the eastern side of the Town of Groton and portions of the Town and Village of Dryden, the Town of Caroline in the upper reaches of the Six Mile Creek Valley, the Benjamin Hill area of the Town of Newfield, and a small parcel in Pony Hollow located in the southern area of the County. Mr. Daniels referred the Board to the handout that explained the major components and program cost as noted below: A successful Purchase of Development Rights (PDR) program would require a long-term commitment of twenty to thirty years or more. The operation of a PDR program can be broken down into two tasks: the acquisition of development rights and the monitoring and enforcement of the preserved farmland. The acquisition of the development rights includes: a. Developing specific policies and criteria for determining which candidate parcels should be protected; b. Extensive public outreach and education; c. Review and ranking of applications; d. Coordinating appraisals, surveys, and closings, documentation and negotiations with landowners; e. Grant writing and administration. Monitoring and enforcement of preserved farmland entails annual inspections of lands under conservation easements and identification and correction of easement violations. The study looked at a number of options for structuring a PDR program, including a fully County -run program; independent town -level programs; town -level programs with partial full County funding; a County -funded program run by an outside agency such as a land trust; and a program run by the Industrial Development Agency. 15 January 15, 2002 Mr. Daniels informed the Board that the Federal program requires a fifty percent local match and the State program requires a twenty-five percent local match. A County PDR program can provide the local share of the match. He said it is important to develop a program that will enable the County to qualify for the State and Federal programs in order to take advantage of funds available. Their recommendation is a County -funded and administered program for a number of reasons: 1. Equity — since PDR benefits all County residents, those in urbanized areas should help bear the cost; 2. Most towns in the county lack the fiscal and staff resources needed to embark on a program of their own; 3. A County -run program would allow amore efficient approach to agricultural land preservation; 4. Fairness — farmland owners cannot be expected to bear the cost. If the County were to embark on a PDR program to protect farmland, it could expect over the course of the program to protect anywhere from twelve thousand, six hundred acres to around twenty-one thousand acres of farmland. Based on the projections in the study, this would cost between nine million and fifteen million dollars (or between four hundred fifty thousand and seven hundred fifty thousand dollars annually). This includes direct acquisition costs, program administration and the costs of easement monitoring and enforcement. Mr. Daniels noted that Dutchess County issued one million in bonds to fund their program and Suffolk County added two percent to the real-estate transfer tax. Mr. Penniman, District No. 15 Representative, noted that often properties are abandoned rather than developed and asked what would provide a successful PDR program. Mr. Daniels noted that what makes it successful is the farmers' eager participation. He said that if they see a benefit to themselves in the form of assistance to their farming operations and family they will participate. If they do not see a future in farming they will not participate. Ms. Blanchard, District No. 1 Representative, said she thought that what the inquiry was related to was what type of economic conditions have prompted other municipalities to embark on a PDR project. Mr. Daniels noted that Suffolk County is the leading agricultural area of New York State. They have been seeing the value of the property for development increase significantly over the value for farming purposes and resulted in the farmer's selling land for development, creating additional stress on farm support businesses, which is a key element to the economy. Without the farms producing, the support businesses necessary to farms could fold. Mr. Franz stated that a problem that exists is the gradual erosion of farmlands and fragmentation of the agricultural land through small -scaled residential building. He said that the development of a PDR here would be different than in the other Counties mentioned; here in Tompkins County many of the farmers are past retirement age and do not see any young farmers on the horizon that could afford to purchase a farm. This has contributed to the loss of agricultural property in our area. He explained that a farmer participating in the PDR could utilize the funds received to reduce the selling price of the farm and make it possible for the young farmers to own property. Mr. Totman, District No. 9 Representative, asked what happens to a farmer who participates in the program in anticipation of young family members continuation of the family business, only to find in future years that it is not the younger generation's desire to do so, and all the adjoining farms have been sold. What are the options available. Mr. Franz said that this is one reason why the planning stage of this program is important. He stressed the importance of advanced planning when developing this program; that adjoining farms should be one objective of this program; also, the municipality should be certain that contiguity takes place to 16 January 15, 2002 assure there is a better chance of a potential purchaser of the farm in the event the family does not desire to continue in this field. Mr. Totman asked what happens if all the surrounding farms do not desire to purchase the farm. Ms. Platek, of the American Farmland Trust, said that there might be interest by a direct market farmer, or another type of farming operation that may express an interest in the farm and with the reduced cost it may be more easily sold. Mr. Todd, District No. 6 Representative, asked who owns the rights after the farmer sells them. Mr. Franz explained that at the time of the initial agreement the entity that is operating the program holds the easement. At the time of selling the development rights the farmer may designate a specific portion of the property may be excluded in the rights in order to utilize them in a different fashion, i.e., to build a home(s) for a child(ren). The specific development and usage of the land is determined by joint discussion between the landholder and easement holder. Once the development rights are sold it would not allow any development or modification of the agreement. Mr. Proto, District No. 7 Representative, said that from the presentation given at the Agricultural and Farmland Protection Board his understanding was that the only possible sale of the easement rights would be back to the farmer/landowner, not to any other entity or real estate developer. Mr. Proto asked what effect participation in this program would have on the farmer/landowners financial balance sheet and equity if they apply for a loan. Mr. Daniels explained that part of the process of obtaining an easement would require a title search for mortgage holders. If there were mortgage holders they would be required to sign an agreement that their loans would be subordinate to the easement. This means that in the event of foreclosure the deed of easement would remain in place for the duration of the initial agreement. He further stated that in the experiences of PDR's currently in existence it has not posed any negative rating on the farmer/landowner credit rating. In the event mortgage holders choose not to sign the subordination agreement the PDR cannot take place. Mr. Lane, District No. 14 Representative, feels management of the PDR would seem more logical to be in place at the town level rather than the county. He said that they would have a better idea of specific growth issues of the municipality rather than looking at it from the county viewpoint. Mr. Lane felt that the argument that it should be at the County level since it benefits the entire County is not convincing. He feels the need to be extremely careful on how the program is to be developed so that a municipality does not feel it is being told how the program is to be run in their area. The second area of concern is the development of areas immediately outside presently developed residential areas of the villages. He said that the Vital Communities initiative suggests additional development in existing developed areas, would be in conflict with the PDR program that is designed to preserve those same areas. Mr. Daniels said that the reason to have this program at the County level was suggested as smaller communities may not have adequate funds available to operate it. Mr. Franz said that during the planning process for the PDR requirements such as the growth of communities would have to be taken into consideration prior to setting the boundaries for the program. Ms. Robertson stated that she felt there is an appropriate role for the County in this process. Many farms cross municipal lines, so individual towns may have a problem implementing a PDR program; the Town of Ithaca has had just this problem. In addition, the County has planning resources that could assist towns in managing a PDR program, to help keep the overall administrative costs down. Further, there may be private foundation funds available to support the local share of a PDR program, and Ms. Robertson suggested that the County consider such opportunities in any future deliberations. She then asked for elaboration on why a farmer or landowner would select to participate in the program and limit options available for the property. Mr. Daniels explained that it provides funding to expand on the operations. He gave an example of a farmer who sold development rights so that he would bring his two 17 January 15, 2002 sons into the dairy operation and expanded the size of the herd. Mr. Daniels also said that it provides funds that enable offspring to purchase a farm from the parent. Mr. Penniman said that he hoped that all the municipalities of the County will review the many facets of the program and come to understand what it is and how it may benefit the farmers of their communities. He further commented that he sees the possible need for the County to administer the program, however believes that it needs to be reviewed so that one municipality does not derive a greater benefit than another. Ms. Kiefer said that the Planning Committee will review all the information. She asked a question related to soil preservation through this program and whether any municipality has utilized this program to preserve prime soil apart from existing farms. Mr. Daniels said that active farms should be targeted as they are contributing at the present time to the local agricultural economy. If sufficient funds were available it maybe worthwhile to look into the possibility of obtaining property that is rented to farmers. He said that he has not yet heard of just areas of prime agricultural soil being preserved. Chair's Report and Appointment(s) Mr. Joseph said that he has received inquiries regarding committee and board assignments and referred individuals to the lists provided. He said the majority of assignments are made by the full Board and/or Committees and that his assignments as Chair will be given this evening. Mr. Joseph said there are two new committees he would like to appoint. The first is the Information Technology Services Policy Committee that will replace the Information Management Committee (IMC) and will be a standing committee. He noted that the department was having difficulties implementing policy and procedure when they were required to present it to the IMC and then repeat the process with the Government Operations Committee. This new committee will combine this process so that only one presentation is made. This Committee will be chaired by Mr. Winch, and include Chair Joseph and Ms. Kiefer as the other Board representatives on the Committee. The second committee will be dealing with the issue of the temporary variances of inmate housing at the Public Safety building. The Committee will be responsible for making a presentation to the full Board for approval and comment, and then to the Commissioner of Corrections m support of the temporary variances currently in place due to overpopulation at the public safety facility. Mr. Joseph said that one thing that he would like to point out to the State Commissioner is that the County has been attempting to strategize on how to reduce the need for inmate housing through various programs. These strategies are now in place and the County would like to request time to develop these strategies. At the same time the County will work with the Commissioner of Corrections on how to expand the jail if the need arises. At this time Mr. Joseph is reactivating the Public Safety Building Space Study Committee towards this end. It will consist of himself as Chair, Mrs. Schuler, Ms. Blanchard, Mr. Lane, and Mr. Todd. He said that Mr. Whicher has been assisting him in developing a retreat for Board members. Information regarding the retreat has been given to Board members and Mr. Joseph asked that any questions be directed to administration or personnel in training and development. The following appointments to various boards and agencies were made by Chair Joseph: Tompkins County Area Development Board of Directors Barbara Blanchard Chamber of Commerce Tim Joseph 18 January 15, 2002 Cornell Vet School Incinerator Project Dooley Kiefer, Delegate Beverly Livesay, Alternate —Ethics Advisory Board Dooley Kiefer, Chair Extension Service Martha Robertson Finger Lakes Association Stuart Stein Ithaca Downtown Business Improvement District Board Leslyn McBean - Class C Director (effective April 15, 2002) Local Advisory Board on Assessment Review Caroline/Danby - Frank P. Proto Newfield/Enfield - Daniel Winch Groton - George Totman Dryden - Michael Lane/Martha Robertson Ithaca - Dooley Kiefer/Michael Koplinka-Loehr Lansing - Thomas Todd/Dooley Kiefer Ulysses - Peter Penniman City of Ithaca - Barbara Blanchard/Kathy Luz Herrera Recreation Partnership Martha Robertson Dick Booth Intermunicipal Recreation Facilities Study Dan Winch Peter Penniman Nancy Schuler, Alternate (back up) Public Safety Communications Center Building Voting members: Barbara Blanchard, Chair George Totman Dan Winch Nancy Schuler Dick Booth Non-voting members: Steve Whicher Lee Shurtleff Joe Vitali Brian Wilbur Dan Walker Bob Holt Ithaca Metropolitan Planning Organization (Policy Committee) Barbara Blanchard January 15, 2002 Report from the County Administrator Mr. Whicher, County Administrator, informed the Board that the proposed State budget line that would assist in increasing payroll for health care workers. Since the local share of the affected payroll is twenty-five percent the local cost would increase. Next, Mr. Whicher announced that the selection committee charged with interviewing for the position of Communications Director has chosen Mr. Lee Shurtleff for the position. He thanked all members of this selection committee for their participation and asked to submit the name of Mr. Shurtleff for the Board's approval. Mr. Whicher also reported to the Board that a Resolution amending the actual title of the position will be presented. MOVED by Ms. Blanchard, seconded by Mr. Totman, to confirm the nomination and appointment of Mr. Lee Shurtleff to the position of Communications Director. A voice vote resulted as follows: Ayes — 14, Noes —1 (Representative Winch). MOTION CARRIED. Mr. Proto asked if any specific information was provided from the State level regarding health care worker positions and where they fall within the budget. Mr. Whicher said that there are numerous categories that have not been clearly defined and he is not certain where they fall. He did know that it would have an impact on the Medicaid reimbursement rates, and therefore all of the programs. Mr. Whicher also said that the information is being voted upon and anticipates having a report within the next few days. Mr. Winch inquired if the twenty-five percent noted is an increase or total. Mr. Whicher said that the twenty five percent is the charge for the cost of the total program. Mr. Proto asked during which budget would the increase be implemented. Mr. Whicher said it could be as early as this year. Ms. Robertson requested that an estimate of the number of workers and the category of workers that this change would affect, be provided. Mr. Whicher said he would request a report for the Board. Report from the County Attorney Mr. Wood, County Attorney, informed the Board that the Town of Ithaca has filed an appeal on the decision regarding the Public Works Building. He also reported that a letter had been received from the Census Bureau thanking the County for calling to their attention the errors in reporting. This letter did not provide any specific corrections and a request has been made to the Census Bureau to provide the County with the correct figures for the block reporting. Mr. Wood said that he has obtained the information requested by the Board with regard to the costs of litigation against the County by various municipalities. He noted that there are the two separate lawsuits. The reapportionment lawsuit charges eighty percent of the billing to the Town of Ithaca. When taking the figure they have paid and factoring in the other twenty percent it shows a total spent of approximately $44,000 to $45,000. The other lawsuit that includes telecommunications and Bostwick Road Facility shows the Town of Ithaca having paid approximately $10,500. At this time not all of the municipalities involved have been billed so it is difficult to estimate the final cost. Mr. Penniman noted that since the Town of Ithaca comprises twenty percent of the County that it is contributing approximately twenty percent toward the County bill for litigation as well. 20 January 15, 2002 Mr. Proto inquired whether the participation of original litigants is the same for the lawsuit regarding the communication towers. Mr. Wood replied that at this time it is only the Town of Ithaca appealing the ruling of this lawsuit. Mr. Winch asked for a written summary of monies expended by all parties connected with the lawsuits so it would be available to review at a future date. Report from the Finance Director Mr. Squires, Finance Director, recommended that Representatives review the list of properties scheduled to be placed in foreclosure by the County. He anticipated a substantial reduction in the list prior to the actual foreclosure process. He believes it may be possible join the City of Ithaca in the auction process. Mr. Squires also reported that as a result of the soft -hiring practices the preliminary information received indicates 1.8 million dollars of unexpended salary lines. This is almost seven percent of this particular line item of the budget. He did state that this is a preliminary figure and the final outcome for the year cannot yet be predicted. Sales tax figures for the fourth quarter have been received and he was pleased to see the figure of almost eight hundred thousand dollars in revenue. Mr. Proto said that he had heard a news report that the Lung Association claimed inappropriate spending by government of funds received through the tobacco lawsuit. This report said that the funds were to be spent on health care initiatives and that some counties did not spend the funds in that manner. Mr. Squires said that the settlement was made to reimburse Medicaid funds expended by governments for tobacco -related illness and that many different means of utilizing these funds have been set up throughout the State. Mrs. Schuler said that she recalled that it was up to the individual States to decide how to best use these funds. Ms. Kiefer said she felt it was the State level that had been directed to spend it on anti - tobacco education and that no directive was given below that level. Addition of Resolution(s) to the Agenda On motion and duly seconded and unanimously adopted by voice vote, the following resolution(s) were added to the agenda: Appointment to the Industrial Development Agency Amendment to Resolution No. 192 of 2001— Creation of Position — Director of Emergency Communications; Creation of New Position — Director of Dispatch Center — County Administration Withdrawal of Appointments Under the Consent Agenda Chair Joseph granted Mr. Winch permission to withdraw the appointment of Jan Gorovitz — Probation Department Representative — term to expire December 31, 2004, from the agenda. Ms. Kiefer requested the appointment of George Gesslein be removed from the Consent Agenda as she has a question about his residency. Appointment approved later in the meeting. Approval of Appointments Under the Consent Agenda It was MOVED by Mr. Totman, seconded by Mr. Proto, and unanimously adopted by voice vote, to approve the following appointment(s) under the Consent Agenda: 21 January 15, 2002 Tompkins Consolidated Area Transit Board of Directors Barbara Blanchard — County Representative — term to expire December 31, 2004 Office for the Aging Advisory Committee Glenn Morey — term to expire December 31, 2004 Eileen Wright — term to expire December 31, 2004 Leroy Wollney — term to expire December 31, 2004 Tompkins County Youth Board Wenmouth Williams — Education Representative — term to expire December 31, 2004 Barbara Barry — Town of Lansing Representative — term to expire December 31, 2004 Kathy Schlather — Department of Social Services Representative — term to expire December 31, 2004 Substance Abuse Subcommittee Linda Weaver — Community Member — term to expire December 31, 2002 Tompkins County Environmental Management Council Carolyn Shapiro — Seat #4 — term to expire December 31, 2003 Barbara Ebert — Seat #5 — term to expire December 31, 2003 Susan Brock — Seat #6 — term to expire December 31, 2003 Fire, Disaster and EMS Advisory Board James R. Spencer, Alternate — Town of Lansing — term to expire December 31, 2004 Stop -DWI Advisory Board Peter Meskill — Sheriffs Department Representative — term to expire December 31, 2004 Nancy Schuler - Public Safety Committee - term to expire December 31, 2003 Family Court Advisory Council Susan Hatch — At -Large — term to expire December 31, 2004 Advisory Board on Indigent Representation Diane V. Bruns — term to expire December 31, 2004 Local Emergency Planning Committee Nancy Schuler - Chair, Public Safety Committee - no set term Daniel Winch - Chair, Health and Human Services Committee - no set term Traffic Safety Board Leslyn McBean - Member, Public Safety Committee - term to expire December 31, 2002 Nancy Schuler - Member, Public Safety Committee - term to expire December 31, 2004 Kathy Luz Herrera - Member, Public Safety Committee - term to expire December 31, 2004 Criminal Justice Advisory/Alternatives to Incarceration Board Nancy Schuler - County Representative - term to expire December 31, 2004 Ethics Advisory Board Dooley Kiefer - Elected or Appointed County Official - term to expire December 31, 2005 Tompkins County Public Library Board of Trustees John J. Gilbert, Jr. — term to expire December 31, 2004 Carl Gortzig — term to expire December 31, 2004 22 January 15, 2002 Report from the Planning Committee Ms. Kiefer, Chair, said the first meeting of the newly formed Planning Committee will take place on Thursday, January 171 at 2:00 p.m. She anticipates that the majority of Committee time will be used to discuss Planning Department matters, especially the work program, what plans and goals the department has, she is looking for Committee members to come prepared with suggestions. Report from the Government Operations Committee Mr. Koplinka-Loehr, Chairman, said the Committee will meet on February 12th at 11:30 a.m. He noted that the Committee had met briefly to review the appointment of Director of Dispatch. He reported that three members of the County Board did conduct the evaluation of County Administrator Steve Whicher and will be providing Mr. Whicher's 2002 goals within the next several weeks. Mr. Koplinka-Loehr also asked individuals to review the delinquent tax properties on the list provided and to respond to Mr. Squires with any questions or concerns. Report and Presentation of Resolution(s) from the Economic and Workforce Development Committee Mr. Lane, Chairman, said that the presentation given at this meeting addressed the importance and need to continually strive toward economic development in the County. He further noted that the Committee met on January 10t and held basically an organizational meeting. The meeting started with reviewing goals and anticipates a full report next month. Additionally, Tompkins County Area Development provided a brief update of their agency. Highlights of Industrial Development Agency projects included: • Moldflow — the project is currently under construction on North Triphammer Road. Structural steel is in place, construction remains on schedule, and Moldflow is expected to take occupancy in the spring. • Cornell Refinancing is experiencing a delay in closing on this $65 million tax-exempt financing because of the current interest rate environment. It is expected that as soon as the rates are more favorable the closing will take place. • Porous Materials currently has all the financing in place for their project. The contractor and company are working on routine design issues at the present time. A spring groundbreaking is expected. • Gateway Project — TCAD is working with the City and the IDP on an incentive package for this mixed-use, multi -tenant redevelopment project. The IDA's new Density Incentive policy is being considered and, if utilized, will be the first project to take advantage of this special property tax incentive for projects using the mixed use, multi -tenant buildings. Mr. Lane inquired whether the DeWitt Historical Society would still be located in the building following renovation. Mr. Stamm said that he does believe that they will be within the building but may not be in the same specific location. He reported that the Committee received information from the Common Good Coalition and their efforts to seek project labor agreements, fair labor practices, and other pertinent information that the Committee has been reviewing for consideration by the County. The Wall of Inspiration has been a topic of discussion at the Committee level and will be coming to the full Board with suggestions of names to be decided upon. The County may choose one to be placed in this special area as a result of a grant provided to the Sciencenter. Mr. Lane said that the Committee wanted to pick an individual with local connections. 23 January 15, 2002 The County may also name a room within the newly renovated Sciencenter as a result of the donation. Mr. Lane informed the Board that the Committee felt the Resource Room would be a good choice to be noted as the room for the "People of Tompkins County." The Committee met briefly prior to the regular meeting to discuss appointments to the Industrial Development Agency. Ms. Robertson inquired about a right-of-way sale in connection with the Gateway Project and was referred to the City or Tompkins County Area Development to obtain the information. Ms. Blanchard wished to report that Mr. Stamm of Tompkins County Area Development was on his way to Albany to give a presentation of the Density Policy to the New York State Economic Group meeting. This meeting is approximately two hundred individuals coming together to discuss economic development. RESOLUTION NO. 4 - APPOINTMENTS TO INDUSTRIAL DEVELOPMENT AGENCY MOVED by Mr. Lane, seconded by Ms. Robertson. A voice vote resulted as follows: Ayes — 14, Noes — 0, Temporarily Out of the Room —1 (Representative Proto). RESOLUTION ADOPTED. WHEREAS, Section 856 of the General Municipal Law authorized that the Board of Representatives designate the members of Industrial Development Agency by resolution, now therefore be it RESOLVED, on recommendation of the Economic and Workforce Development Committee, That the following members of the Board of Representatives be appointed to the Industrial Development Agency to serve at the pleasure of the Board, effective immediately: George Totman Peter Penniman Tim Joseph RESOLVED, further, That Kathy Luz Herrera be appointed to the Industrial Development Agency as an at -large representative, effective immediately, RESOLVED, further, That Barbara Mink, appointed by Resolution No. 334 of 2001 as an at -large member, continue as Chair of the Industrial Development Agency, 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 II -20 Report from the Budget and Capital Committee Mr. Penniman, Chairman, said the Committee will meet on January 22nd at 2:00 p.m. The Committee will start with an overview of the budget calendar, then expand into fiscal policy, capital program, and sales tax distribution so that new members to the Board and other interested parties have an opportunity to fully understand the process. Report and Presentation of Resolution(s) and Appointments from the Public Safety Committee Mrs. Schuler, Chair, reported that the Committee met on January 9th. She said that although the Committee has two new members (which are also newly elected to the Board) they moved right into a full agenda meting. One of the items discussed was the proposed Mutual -Aid Assistance Agreement between the Sheriff's Office and the City of Ithaca. A resolution will be coming to the Board in February. A request to fill three permanent positions that had been approved within the 2002 budget process was approved by the Committee. Ms. Robinson, from the Community Justice Center, reported that she along with Joann Farbman, Task Force for Battered Women/Child Sexual Abuse Project would be doing outreach and training to the elderly and disabled population. 24 January 15, 2002 She also said that the County Administrator updated the Committee on CISNET. Norma Jayne of the Administrator's office has been assigned to work with the police and courts to increase the ability to improve communication "link" systems and pass information from one to another. Mr. Totman spoke to the Board regarding Mr. Gesslein's resume that had been withdrawn from consent agenda. He stated that the question raised regarding residency was understood. The location of Mr. Gesslein's mailing address is Locke, but his residence is within the County. MOVED by Mrs. Schuler, seconded by Mr. Totman, and unanimously adopted by voice vote, to appoint Mr. George Gesslein to the Fire, Disaster and EMS Advisory Board as a Delegate — Town of Lansing — term to expire December 31, 2004. RESOLUTION NO. 5 - AMENDMENT TO RESOLUTION NO. 192 OF 2001— CREATION OF POSITION — DIRECTOR OF EMERGENCY COMMUNICATIONS; CREATION OF NEW POSITION — DIRECTOR OF DISPATCH CENTER - COUNTY ADMINISTRATION MOVED by Mrs. Schuler, seconded by Mr. Proto, and unanimously adopted by voice vote. WHEREAS, Resolution No. 192 of 2001 created a position of Director of Emergency Communications Center (88/188), labor grade R (18), standard work week 40.0 hours in the office of the County Administrator, and WHEREAS, funding for the position was stated as available through the Department of County Administration (A1230), and WHEREAS, due to payroll increases, a fiscal target reduction, and the need for clerical support in Administration, funding for this position is not available through the County Administration budget, and WHEREAS, funding is available in the Department of County Fire, Disaster and Emergency Medical Services (A3410), and WHEREAS, daily oversight of the E-911 Dispatch Center is necessary for routine training and hands-on assistance to emergency services dispatchers, now therefore be it RESOLVED, on recommendation of the Public Safety and Government Operations Committees, That the position of Director of Emergency Communications to be retitled "Director of the Department of Emergency Response" pending Charter change and be located then in the Department of Emergency Response, RESOLVED, further, That the position of Director of Dispatch Center (85/182) labor grade 0 (15), standard work week 40.0 hours, be created effective immediately in the Department of Administration (A1230) with an annual salary of $47,322, RESOLVED, further, That the following budget adjustment be made: Appropriation: A1230.5000182 Director of Dispatch Center 44,421 A1230.58800 Fringes 11,549 Revenue: A1230.42770 Unclassified Revenue 55,970 SEQR ACTION: TYPE II -20 Report from the Health and Human Services Committee Mr. Winch, Chair, thanked Mr. Joseph for his appointment as Chair of this Committee. He wanted to state that he wanted individuals to realize that he does not feel that members of the Committee and Departments will work under him, but rather, he is a player/coach who works with the Committee as a team. He hopes that it will be a very productive year and he hopes to review the way that the County provides services to determine if it is the most economical way to adequately provide services for residents. 25 January 15, 2002 He reported that the first meeting of this Committee took place on January 15th and that it was a very productive meeting. He said that the Human Services Cabinet will be working to develop evaluation tools for the programs, looking to see what methods can be utilized by all departments. The Committee received a report from the Mental Health Department that included the goals for this year. This included the department recognizing the need to review programs for effectiveness and possible recommendations for changes. The Committee also reviewed and approved requests to fill vacancies within the Department of Social Services and Health Department. He noted that it was mentioned that a streamlined form would be beneficial to all when these requests are made. Mr. Whicher will be addressing this matter. The Office for the Aging provided a report on the Personal Emergency Response Systems (PERS) that have been made available to the disabled and elderly of the County. These units have been made available to individuals for either a small fee or free of charge if deemed eligible, and give a sense of security and confidence to those who may have a personal emergency and not be able to directly contact emergency personnel. As of the end of the year there are two hundred eighty-nine individuals utilizing these units. Report from the Public Works Committee Ms. Blanchard, Chair, expressed her gratitude on the appointment of Chair of this Committee. She noted the first meeting will take place on January 17t. Report from the Charter Review Committee Mr. Lane, Chairman, reported the Committee has not met since the last Board meeting. Report from the Communications Capital Projects Committee Ms. Blanchard, Chair, reported the Committee meets on January 22 at 11:30 a.m. Report from the Space Needs and Location Committee Mr. Joseph, Chairman, reported the Committee meets on January 22°d Approval of Minutes of December 18, 2001 and January 2, 2002 It was MOVED by Mr. Koplinka-Loehr, seconded by Mr. Booth, and unanimously adopted by voice vote, to approve the minutes of December 18, 2001, and January 2, 2002, as submitted. MINUTES APPROVED. Adjournment On motion the meeting adjourned at 7:45 p.m. 26 February 5, 2002 Regular Meeting Called to Order Chair Joseph 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 No members of the public wished to speak. Privilege of the Floor by Board Members Mr. Proto, District No. 7 Representative, announced that former Board of Representatives member Don Culligan was recognized and admitted into the Ithaca High School Sports Hall of Fame. Mr. Culligan had been the longest serving member of the Board of Representatives and the most -winning high school basketball coach in this region. Mr. Penniman, District No. 15 Representative, reported briefly on the New York State Association of Counties Conference that was held in January. Mr. Penniman said that those members of the County who attended the conference were provided with a great deal of information regarding the State budget. He said that both he and Ms. Blanchard participated on Committees and that several packets of information on resolutions that were passed would be available in the Board of Representatives Clerk's office. He said the State budget concerns him as it is based upon the assumption that there will be a healthy rebound of the economy in the third quarter of 2002 and that the Federal government will assist with Medicaid. He said that that will be followed closely. Ms. Kiefer, District No. 10 Representative, called attention to a show airing on public television this evening at 10:00 p.m. The Bill Moyers Show is highlighting the subject of Trading Democracy. It will provide insight into the manner in which corporations are using an obscure section of the North American Free Trade Agreement to challenge the powers of government at each level. Through the use of this section of the agreement they are able to undermine environmental and health laws as well as our system of justice and, in doing so, are creating a situation detrimental to the citizens of this country. Ms. Kiefer felt it would be worthwhile for everyone to view this informational program. Ms. McBean, District No. 2 Representative, said that there had been several meetings this past week that she felt were very worthwhile. She said one was a town meeting by Congressman Maurice Hinchey's and included his viewpoints on civil liberties. The other was a forum on civil liberties after September 11. She said that it was good to see so many citizens present and expressing concerns about the Patriot Act and asking questions. Congressman Hinchey said that the act is a document which provides a great deal more than people realize to protect citizens. Ms. Blanchard, District No. 1 Representative, said that she had learned at the New York State Association of Counties (NYSAC) conference that a way to have a "louder voice" with regard to issues is to prepare a resolution for inclusion of the appropriate committees at the NYSAC conference. She said that this can be of more value than just sending our resolution to individuals within the State or Federal government as we could pick up the support of fifty-six other counties by doing so. Mr. Joseph asked 27 February 5, 2002 how often the resolutions are brought forth to these committees and was informed by Ms. Blanchard that it can occur twice a year. Mr. Lane, District No. 14 Representative, asked the Board to remember the men and women of the armed services serving abroad for the benefit of the American people and asked that we stop for a moment to reflect upon them. Report by Town Supervisor Chair Joseph said that Hon. Cathy Valentino, Supervisor of the Town of Ithaca, had brought forth the idea of providing a place on the agenda for Town Supervisors to speak to the Board of Representatives. This idea was suggested to her by Mr. George Lattimer of the Westchester County Board as a successful means to open the lines of communication between Town and County government. A part of the suggestion that they found very useful was to let the Town Supervisors know that whatever the issue brought to the County Board was, a response would be provided as quickly as possible. Mr. Joseph also said that a question was raised with regard to the participation of the Mayor's of the County. Mr. Joseph indicated that that was a reasonable request and if they desired the option was also open to them. Mr. Joseph introduced Hon. Cathy Valentino, Supervisor of the Town of Ithaca. Supervisor Valentino said she was unsuccessful in finding an olive branch to offer, so she presented to the Board of Representatives an eucalyptus branch with a yellow bow on it to symbolize friendship. She said that after her meeting with Mr. Joseph, where they discussed the many more things the Town and County have in common than different, she looked forward to working together to strengthen them. She reported that the Municipal Officer's Association supported this new forum. She said that they have worked their meetings so that some would not be in conflict with Board meetings. She then invited Board members who would like to, to attend the next meeting of the Association on March 26th with a social hour at six followed by dinner. Next, Ms. Valentino said that she held a breakfast meeting for the Town of Ithaca County Board Representatives and was pleased with the attendance. She has received a request for an afternoon meeting in the future and will do her best to accommodate this request. One item of interest was ways the Town could work together on projects; one such is through the Planning Committee. She said that some of the advisory boards had lost interest and are now not meeting. At the Municipal Officer's meeting it was suggested to form a committee for a short period that would consist of up to two representatives of each community to discuss planning successes, failures, and new ideas that might work in other areas. One item that had been discussed was the Vital Communities Initiative and how it could be a tremendous success or failure and that municipal cooperation would be a very important piece of the plan's success. Also discussed were the Aquifer Study, the purchase of development rights, and the Charter review that is on-going and the possibility of having input in the process. At the breakfast she had spoken to Ms. Kiefer and Mr. Booth about Committee and Advisory Board structure, their effectiveness, which ones are mandatory, etc. She said that she would like to have information obtained regarding this matter so that the municipalities can review it. Ms. Valentino felt that the municipalities could offer information of which committees and advisory boards were useful to their communities. She is also interested in the Highway Department and ways that the municipalities might assist in reducing costs such as decentralization of services. 28 February 5, 2002 Ms. Valentino spoke of how she, like Board members, did not come to be a servant for the public because of a goal set in life, but rather as a means to assist others, and felt that an important part of this is to be able to communicate, understand, and respect individuals perspectives. She told the Board of a speaker she had previously heard of from Rochester who was extremely successful with inter -municipal agreements who had told the attendees that it was successful because she went into the meetings with the thought in mind of "what am I willing to give up", not "what am I going to gain" and that it was the only way that the agreements would work. In closing, Ms. Valentino said that she felt that she believes that statement and that together the Towns and County can achieve truly great and wonderful things. Mr. Joseph thanked Supervisor Valentino for having worked hard over the course of the past several months to work towards "healing the wounds." He also reiterated that we have more in common than different. He then asked to what specific items she would like a response. Ms. Valentino said the interim planning committee suggestion was one. Mr. Joseph asked Ms. Kiefer to respond to the request. Also the Highway Department suggestion that Ms. Blanchard said she will assist in, and the Committee/Advisory Board review that Mr. Joseph said he would address. Dick Booth, District No. 3 Representative, expressed his appreciation in Ms. Valentino's coming to the meeting. Presentation on Jail Variances Mr. Joseph provided a history for the variances at the local Public Safety Building from the Commission of Corrections. He said the need to have the variances has been a result of over -crowding at the jail. He has formed a committee consisting of himself, County Administrator Steve Whicher, Board of Representative members Nancy Schuler and Barbara Blanchard, Sheriff Peter Meskill, and Jail Administrator Deborah Neimi. On March 19, 2002, they will be making a presentation to the Commission to continue the existing variances and he desired the Board preview for its input and critique. Mr. Joseph then pointed out the written materials on members desks for them to review and called their attention to the Labella Report that is on file at the Administration office. Mr. Joseph began his presentation that included information on space needs of the jail as well as a review of crime prevention and the possible success of treating individual's entire needs to reduce crime and thereby reduce the jail population. A review of data compiled by the consultant did not sufficiently agree with what Committee members perceived. The projection obtained by the consultant was a straight line and did not seem to be an accurate projection. At that point a determination was made to put together a variety of programs that it was believed have the potential to reduce crime and jail population. It was felt that the best way to proceed was to work on both a review and design to increase the space at the jail and the development of programs to reduce crime and the need for incarceration. In order to fully reach an accurate projection of both the need for space and the success of the programs it would require more time, and therefore continuation of the variances. Mr. Joseph said that there is a need for upgrading at the Public Safety Building whether or not additional space is needed for inmate housing. The approach of the programs involves the courts, district attorney, sheriff, police, probation, and a variety of community agencies in a mutual effort to amend programs to provide individuals with a total rehabilitation program that will treat the whole individual rather than just individual needs. The Drug Courts were examples of the positive results of this approach to the rehabilitation of individuals. Next, Mr. Whicher spoke of the extensive comprehensive program which takes a holistic approach. He said that the County believed so much in this approach that over a million dollars has been 29 February 5, 2002 spent in its development — all in the face of loss of state dollars (CHIPS, PINS, etc.). Mr. Whicher also said that due to the horrific events of September 1 l s' there are other areas requiring the County's attention as well. Areas noted in the presentation included the needs of the building in the interim, the commitment of the County to reinvest in the jail, and the need to fully evaluate the long-term potential of the programs that have been initiated. Following the presentation members of the Board provided their opinion of the materials and oral information provided, the manner of the presentation, and their opinion of the areas of presentation that could possibly be modified. Suggestions included placing the conclusion first, a smoother presentation of facts, placement of current history of the programs in place, visual aides, and potential plans for expansion. Questions were posed regarding whether at the end of two years a decision would be either jail expansion or the alternative to incarcerations programming. Comments regarding variance requests for other Counties having been denied showed concern that the County's request might meet with the same and, if so, how would we respond. Mr. Joseph noted that he had been advised not to inquire for the two-year variance at the beginning of the presentation. He also said that at the end of the two-year period a decision would then be made regarding options available with programs. Sheriff Meskill felt that a variance of one year at a time should be requested. He also said there is a large history of preventive programs available. Mr. Joseph polled each member asking if they would support a construction project at the end of the two-year period. Representatives expressed their approval of a capital project in the future for the jail. Representative Todd requested a chart or list of the reason(s) individuals are incarcerated in order to make an educated review of those who may or may not be incarcerated for a victimless crime. Mr. Joseph said the answers to the questions are in the report provided by the consultants. Mr. Whicher pointed out to Board members that the Alternatives to Incarceration funding will cease at the end of this year and they need to keep this in mind for future reference. Mr. Joseph said that many of the new programs are not just a change of sentencing but corrections and rehabilitation. He recognizes that two years will not provide definitive information but will only provide a sense of future projection. Ms. Robertson suggested that Ms. Richmond of the ATI Program go with the Committee for the presentation to be able to answer questions relative to those programs. Sheriff Meskill said that he does not feel the Commission will be concerned with the financial status of the County as much as the care, safety, and well-being of inmates. He feels that it would not be prudent to base the request on a financial status. He also said that he recognizes that although it may appear that boarding out of inmates appears less expensive, that the expansion of the jail portion of the building is not the only issue and that administrative spaces and other areas need to be increased as well. Sheriff Meskill said that it needs to be recognized that drugs are not a victimless crime; that all aspects of an individual's life are affected. Mr. Joseph thanked all individuals for their participation. Chair's Report and Appointment(s) Appointment(s) 30 February 5, 2002 Chair Joseph appointed Scott Pronti to the Workforce Development Board for a term that expires June 30, 2002. Mr. Joseph said that the Board retreat has been scheduled for Saturday, March 23'1, 12:30 p.m. to 5:30 p.m.at the Transit Center. Mr. Joseph announced a Public Officials Conference sponsored by the State Emergency Management Office (SEMO) and the County Emergency Management Committee and that all elected officials are asked to attend. Information will be following regarding this dinner meeting at the Holiday Inn on March 21$1 . Mr. Joseph shared with the Board an award that was received from the American Red Cross of Tompkins County for County employees having the most first-time donors of blood in the category we fall in. Seventy pints were donated, thirty-one of which were first-time donations. Report from the County Administrator Mr. Whicher, County Administrator, addressed a question raised at the last Board meeting and said he had investigated the information in The Ithaca Journal article relative to the county taxes. He tracked down the information that the article was based upon and discovered the supporting document appears to be from 2000. He said that Tompkins County's overall taxes rank 29th from the lowest of 57. He said that that places the County in the middle of those reported. The overall taxes are Town, County, and school. When looking at just property taxes, we are 18t (in the lowest third) of 57 counties. This information will be passed along to the newspaper for clarification. Report from the County Attorney Mr. Wood, County Attorney, informed the Board that the revised data from the Census Bureau has been received and that it is what had been anticipated. These data have been provided to the Court for their review. He said that he expects and hopes that it will end the case. He reported that the Town's argument was that the deviation might exceed ten percent. In fact, this number decreased from 9.91 to 9.90 percent, the difference of one person. Report from the Finance Director Mr. Squires, Finance Director, did not have a report. Addition of Resolution(s) to the A2enda On motion and duly seconded and unanimously adopted by voice vote, the following resolution(s) were added to the agenda: A Resolution Authorizing the Issuance of $105,000 in Serial Bonds of the County of Tompkins, New York to Pay the Cost of the Reconstruction of the Building Commonly Known As Cooperative Extension of Tompkins County Increase in 2000-2001 State Operating Aid for Tompkins Cortland Community College Ratification of the Bargaining Agreement Between the Corrections Officers Union Local 2062 and Tompkins County Award of Bid — Large Format Scanner Approval of Appointments Under the Consent A2enda 31 February 5, 2002 Mr. Koplinka-Loehr requested clarification of Heather McDaniel's ability to serve on the Environmental Management Council as she is employed by the County. Chair Joseph said that if there was a question her appointment should be withdrawn from the Consent Agenda. Ms. Kiefer said it is a municipal appointment. Mr. Koplinka-Loehr did not request removal and her appointment resume remained on the agenda. It was MOVED by Mr. Koplinka-Loehr, seconded by Mr. Proto, and unanimously adopted by voice vote, to approve the following appointment(s) under the Consent Agenda: Tompkins County Youth Board Patty VandeBogart — Town of Danby Representative — term to expire December 31, 2004 Mental Health Subcommittee — Revision of terms Leslie Connors — term to expire December 31, 2004 Nancy Suci — term to expire December 31, 2003 Chris Decker — term to expire December 31, 2003 Sari Feldman — term to expire December 31, 2005 Linda Pierro — term to expire December 31, 2005 Vacant Position — December 31, 2004 Environmental Management Council Stephen C. Nicholson- Town of Caroline Representative — term to expire December 31, 2003 Heather D. McDaniel — Town of Ulysses Representative — term to expire December 31, 2003 Roger Yonkin — At -Large — term to expire December 31, 2003 Joyce Gerbasi — Town of Dryden Representative — term to expire December 31, 2003 Susan Brock — Chair — term to expire December 31, 2002 Soil and Water Conservation District Barbara Blanchard — term to expire December 31, 2002 George Totman - term to expire December 31, 2002 Agricultural and Farmland Protection Board Frank Proto — term to expire December 31, 2005 Report and Presentation of Resolution(s) from the Planning Committee Ms. Kiefer, Chair, said the main topic of discussion was the Planning Department's Work Program that all members of the Board will receive shortly. The Environmental Management Committee announced that they will have five committees functioning this year, four of which are continuing committees: the Environmental Review Committee, the Education Committee, the Pesticides Committee, the Public Safety Communications Committee, and the new Energy Committee that will make comments on the draft State Energy Master Plan and will assist the County in how to make use of the ICLEE study. The Commercial Center Revitalization Program is having its first round of grants. Applications are due April 5, 2002. RESOLUTION NO. 6 - AFFIRMING ITHACA-TOMPKINS COUNTY TRANSPORTATION COUNCIL (ITCTC) RECOMMENDATION TO ESTABLISH THE ITCTC PLANNING DIRECTOR'S SALARY ABOVE THE SALARY RANGE MOVED by Ms. Kiefer, seconded by Ms. Blanchard. 32 February 5, 2002 Ms. Kiefer explained that the Board is required to pass a resolution confirming the salary of the director. Mr. Winch inquired about the significant increase of the salary and how it compares to other positions like this. Ms. Blanchard responded that it is comparable to similar positions held across the state. Mr. Proto inquired as to the source of funding and was advised by Ms. Blanchard that it is Federal funds. Following discussion a voice vote resulted as follows: Ayes — 14; Noes — 1 (Representative Winch). RESOLUTION ADOPTED. WHEREAS, Tompkins County entered into a Memorandum of Understanding with the Ithaca - Tompkins County Transportation Council (ITCTC) on September 30, 1992 agreeing that ".....staff will be hosted by Tompkins County as an administrative rather than a reporting arrangement staff is selected by the Council [with] staffing plan, staff qualifications and salary schedule established by the Council", and WHEREAS, Board Resolution No. 99 of 1993 "Clarification of Employment Status — Position of Ithaca -Tompkins County Transportation Council Planning Director" stated the following: "...the position of Ithaca -Tompkins County Transportation Council Planning Director shall be entitled to the terms and conditions of employment established by this [County] Board for management employees unless otherwise recommended by the Council and established by this [County] Board of Representatives", and WHEREAS, on March 14, 2000, the Director's salary was modified by ITCTC resolution 00-1 above the management salary range from $51,056 to $57,200 with the stipulation that the Host Agency, Tompkins County, execute the necessary administrative procedures to implement this modification, and WHEREAS, on March 13, 2001, the ITCTC passed Resolution 01-1 to establish a January 1, 2001 salary to reflect a 4.25 percent increase over 2000, and WHEREAS, on December 18, 2001, the ITCTC passed Resolution 01-13 to increase this salary by an additional 4.25 percent effective January 1, 2002, and WHEREAS, no affirmation by the Board of Representatives was requested, nor made, and WHEREAS, in keeping with the County's requirement that salaries established above the salary range be authorized exclusively by Board Resolution, and to establish or affirm recommendations made by ITCTC that are contrary to the terms and conditions of employment for management staff, now therefore be it RESOLVED, on recommendation of the Planning Committee, That the Tompkins County Board affirm the annual salary for the Ithaca -Tompkins County Transportation Council Planning Director above the salary range effective January 1, 2000 as approved by the Ithaca -Tompkins County Transportation Council, RESOLVED, further, That the Tompkins County Board of Representatives affirms annual salary increases of 4.25% for 2001 ($59,631), and 4.25% for 2002 ($62,165). SEQR ACTION: TYPE II -20 RESOLUTION NO. 7 - APPROPRIATION FROM CONTINGENT FUND — SENIOR PLANNER POSITION — PLANNING DEPARTMENT MOVED by Ms. Kiefer, seconded by Mr. Penniman. A short roll call vote resulted as follows: Ayes — 15, Noes — 0. RESOLUTION ADOPTED. WHEREAS, the Board of Representatives, in 2001, adopted the Fiscal Year 2002 budget that placed fifty thousand dollars in the Contingent Fund with the intention of releasing those funds upon the submittal of a Work Program by the Department of Planning after the appointment of a new Planning Commissioner, and WHEREAS, on January 17, 2002, the Planning Committee approved the 2002 Work program submitted by the Department of Planning, and 33 February 5, 2002 WHEREAS, in order to pursue the approved 2002 Work Program, the Department of Planning requires those funds set aside in the Contingent Funds, now therefore be it RESOLVED, on recommendation of the Planning and Budget and Capital Committees, That the Director of Finance be authorized to appropriate fifty thousand dollars from the Contingent Fund, for the purpose of funding one full-time position in the Department of Planning as follows: FROM: A1990.54400 Contingent Fund $50,000 TO: A8020.51000 General Planning Activities - Senior Planner $16,789 A8020.58800 Fringes $ 4,366 A8029.51000 Grants Management - Senior Planner $22,893 A8029.58800 Fringes $ 5,952 RESOLVED, further, That the Planning Department Fiscal Target be increased by $50,000 with a commensurate decrease in Contingent Funds budgeted. SEQR ACTION: TYPE II -20 Report and Presentation of Resolution(s) from the Government Operations Committee Mr. Koplinka-Loehr, Chairman, said the Committee has not met since the last time the Board met. RESOLUTION NO. 8 - RATIFICATION OF THE BARGAINING AGREEMENT BETWEEN THE CORRECTIONS OFFICERS UNION, LOCAL 2062, AND TOMPKINS COUNTY MOVED by Mr. Koplinka-Loehr, seconded by Mr. Totman. A voice vote on the resolution resulted as follows: Ayes — 14, Noes —1 (Representative Kiefer). RESOLUTION ADOPTED. RESOLVED, on recommendation of the Negotiating Committee, That the bargaining agreement between Tompkins County and the Corrections Officers Unit, Local 2062, for the years 2001, 2002, 2003, and 2004 is hereby ratified. SEQR ACTION: TYPE II -20 Report from the Economic and Workforce Development Committee Mr. Lane, Chairman, said the Committee has not met since the last time the Board met. The Committee will meet next on February 14, 2002. He reported that the meeting will start at 1:00 p.m. in order to allow a special presentation by Tompkins County Area Development to discuss their Economic Development Strategy and progress made during 2001. All members are invited to this presentation. He said that on February 6, 2002 there is a luncheon for the New York State Commissioner of Labor who will be in town to recognize the Tompkins County Workforce Development Center as the first to be certified in the State of New York. He said that this is an honor as we are the first and are receiving requests statewide to assist their centers to come up to the standards set by our County. Mr. Lane also said that the Industrial Development Agency reviewed a variety of projects at its meeting. In particular, he noted the agreement to extend tax incentives to the proposed Gateway Development Project that will redevelop the old Dean of Ithaca Building and others in the area. Mr. Proto inquired if the Industrial Development Agency has heard any progress on the project involving the old Miller Building which housed a microbrewery. Mr. Lane said that that project has not progressed forward at this point for presentation to the Industrial Development Agency. 34 February 5, 2002 Mr. Lane provided a brief description of the tax abatements which would total approximately $477,000 over ten years. Current taxes are still paid, however there are incentives on the new construction. Mr. Joseph said that this is under the new program set up last year which allows the abatement for tall buildings. This project is the first under the new criteria and involved the City Council, and Board of Education as well as the Board of Representatives. Mr. Penniman said that the Gateway Project portion brought forward at this time is the office and retail space. Report and Presentation of Resolution(s) from the Budget and Capital Committee Mr. Penniman, Chairman, said the Committee has met twice since the last Board meeting. He spoke to the Board regarding the appointment of employees to the various advisory boards and committees that exist. He said that many employees belong to a variety of boards and committees and that it is his belief that it is not inappropriate so long as there is not a conflict of interest between the board and their job assignment. He feels it is up to the department to work out any possible conflict. He said that at the meetings held an overview was provided of the budgetary procedures and fiscal policy. A preliminary report on the cash position of various departments was reviewed and a complete fiscal report should be available in early March, providing a more thorough account of how the County made out with revenues and expenditures for 2001. Subsequent to this the Committee will start to review scenarios for the coming year and how the cash position fits into the 2003 budget process. RESOLUTION NO. 9 - RESOLUTION AUTHORIZING THE ISSUANCE OF $105,000 SERIAL BONDS OF THE COUNTY OF TOMPKINS, NEW YORK, TO PAY THE COST OF THE RECONSTRUCTIONOF THE BUILDING COMMONLY KNOWN AS THE CORNELL COOPERATIVE EXTENSION OF TOMPKINS COUNTY BUILDING MOVED by Mr. Penniman, seconded by Ms. Robertson. A roll call vote resulted as follows: Ayes — 15; Noes — 0. RESOLUTION ADOPTED. WHEREAS, the County of Tompkins, New York, has entered into an agreement with the Cornell Cooperative Extension of Tompkins County pursuant to which the County has leased the building located at 303 West Lincoln, Ithaca, and WHEREAS, such building is adjacent to the building located at 615 Willow Avenue in Ithaca, and WHEREAS, the building at 303 West Lincoln requires various improvements and the County desires to construct and finance such improvements, and WHEREAS, all conditions precedent to the financing of the capital project, including compliance with the provisions of the State Environmental Quality Review Act, have been performed, and WHEREAS, it is now desired to authorize the fmancing of such capital project, now therefore be it RESOLVED, on recommendation of the Budget and Capital Committee, That by the Board of Representatives of the County of Tompkins, New York, as follows: Section 1. For the specific object or purpose of paying the cost of the reconstruction of the building located at 303 West Lincoln, Ithaca, commonly known as the Cornell Cooperative Extension of Tompkins County Building, including the purchase and installation of original furnishings, equipment and apparatus to be used thereat and incidental improvements and expenses in connection therewith, at a maximum estimated cost of $105,000, there is hereby authorized to be issued $105,000 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 $105,000, and that the plan for the financing thereof is by the issuance of the $105,000 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 twenty years, pursuant to subdivision 12(a)(1) of paragraph a of Section 11.00 of the 35 February 5, 2002 Local Finance Law, because such building is a class "A" building within the meaning of subdivision 11 thereof. Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the County 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 County 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 County 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 County 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 County 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 prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the County by the facsimile signature of the County 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 County 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 the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by Section 52.00 of the Local Finance Law, as the County 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(d) and (e). 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. 36 SEQR ACTION: TYPE II -20 February 5, 2002 RESOLUTION NO. 10 - INCREASE IN 2000-2001 STATE OPERATING AID FOR TOMPKINS CORTLAND COMMUNITY COLLEGE MOVED by Mr. Penniman, seconded by Mr. Proto, and unanimously adopted by voice vote. WHEREAS, Section 602.8 of the "Official Compilation of Codes, Rules and Regulations of the State of New York" limits total State operating aid to the budgeted or actual whichever is less, and WHEREAS, the actual total State operating aid for the 2000-2001 College fiscal year for Tompkins Cortland Community College was greater than budgeted, and WHEREAS, operating budget amendments require College Board of Trustee, Sponsor, and State University of New York Trustee approval, now therefore be it RESOLVED, on recommendation of the Budget and Capital Committee, That the budgeted 2000- 2001 State operating aid for Tompkins Cortland Community College be increased $56,476 from $5,291,912 in the originally approved budget to $5,348,388 in the amended budget, with no increase in the total operating costs or sponsor contribution, RESOLVED, further, That certified copies of this Resolution be sent to the Cortland County Legislature, the Board of Trustees of Tompkins Cortland Community College, the Board of Trustees of the State University of New York, and the State University Construction Fund, RESOLVED, further, That this Resolution shall become effective upon the adoption of a concurrent resolution by the Cortland County Legislature. SEQR ACTION: TYPE II -20 Report and Presentation of Resolution(s) from the Public Safety Committee Mrs. Schuler, Chair, reported that the Committee meets again on February 7, 2002. She said that she has a resolution which reflected work of last month. She called individuals attention to an insert drawn and written by young people in the January 151 The Ithaca Journal, "Why Most Kids Don't Use Drugs" sponsored by the Sheriff's Department and how valuable the information was. Also, she shared with the Board the first newsletter from the Community Justice Center which provides material of what the Center does and felt it may be beneficial at the presentation in Albany to the Office of Corrections. RESOLUTION NO. 11 - AUTHORIZING THE COUNTY ADMINISTRATOR AND THE SHERIFF TO ENTER INTO A MUTUAL AID ASSISTANCE AGREEMENT WITH THE CITY OF ITHACA MOVED by Mrs. Schuler, seconded by Ms. McBean, and unanimously adopted by voice vote. WHEREAS, it is in the best interest of the citizens of the County of Tompkins for police agencies to cooperate with each other and to aid one another in appropriate circumstances, and WHEREAS, an agreement providing for mutual aid between the City of Ithaca Police Department and the Sheriffs Department will enhance the efficiency of service to the public, and WHEREAS, the City of Ithaca and the County benefit by defining the rights and liabilities of each agency, now therefore be it RESOLVED, on recommendation of the Public Safety Committee, That the County Administrator and the County Sheriff are authorized to enter into a Mutual Aid Assistance Agreement as attached with the City of Ithaca. SEQR ACTION: TYPE II -20 37 February 5, 2002 MUTUAL AID ASSISTANCE AGREEMENT (OUTSIDE SERVICE BY LOCAL LAW ENFORCEMENT) THIS AGREEMENT made , 2002 by and between the Tompkins County Sheriff, hereinafter refer to as Sheriff, as joint employer with the County of Tompkins, hereinafter referred to as the "County of Tompkins", with it's office located at 125 E. Court Street, Ithaca, New York, and the City of Ithaca, a municipal operation with its office located at 108 E. Green Street, Ithaca, New York, hereinafter referred to as the "City of Ithaca". The parties are sometimes referred to as a "local government" or collectively as "local governments". WHEREAS, local governments are authorized to request and provide police assistance to each other pursuant to § 209-m of the New York General Municipal Law (GML), and WHEREAS, the temporary exchange of Law Enforcement Officers and equipment for the purpose of mutual assistance is further contemplated by GML § 209-m, and WHEREAS, GML § 119-0 authorizes municipal corporations to enter into agreements for the performance of their respective functions, powers and duties on a cooperative basis, and WHEREAS, GML § 209-m, New York Criminal Procedure Law §§ 140.10-1 & 3, 120.60 et seq., and 690.25, and other applicable authority authorize Law Enforcement Officers to exercise certain police powers and authorities outside their geographic area of employment when a request for assistance is forthcoming from another law enforcement agency, and WHEREAS, the parties have determined that it is in the best interests of the respective communities and of mutual advantage to enter into this agreement for the provision of inter -agency Law enforcement services; NOW THEREFORE, pursuant to the above considerations and the covenants and mutual benefits herein expressed, the parties agree as follows: 1. Approval. This Agreement is executed pursuant to approvals of the respective governing Boards of the parties. 2. Purpose. It is recognized that in certain situations the use of law enforcement officers to perform law enforcement duties and the use of law enforcement equipment and supplies outside the territory of the local government where the officers are legally employed may be desirable and necessary in order to preserve and protect the health, safety and welfare of the public. Although the City of Ithaca is located within Tompkins County, solely for purposes of this Agreement, the City shall not be considered to be within the territorial limits of Tompkins County. Operations by the Tompkins County Sheriffs Office within the City of Ithaca shall be considered operations outside the territory of the Sheriffs Office. The additional objectives of this agreement are: a. the more efficient utilization of Law enforcement resources and services; b. an enhanced degree of cooperation between the Ithaca City Police Department and the Tompkins County Sheriff's Office; c. an enhanced effectiveness of response to requests to handle and resolve Law enforcement intervention situations; d. to ensure an adequate number of trained and equipped law enforcement officers to handle and resolve emergency, disaster and violent situations which cannot be met with the resources of one of the parties to this agreement, and e. the development and use of training exercises or programs where skills, knowledge, procedures and expertise are shared with other departments and personnel. 38 February 5, 2002 3. Authorization. Intergovernmental law enforcement service and assistance (mutual aid) may be provided among the parties during those times of both: a. emergency, and b. routine law enforcement work of a non -emergency nature to fulfill a mutual aid request. Examples of the latter situation would be pre -arranged training exercises and programs as well as temporary assignment of law enforcement officers and/or equipment to another law enforcement agency for training or patrol purposes where the officers and/or equipment may be involved in police intervention situations. 4. Power and Authorization. a. Each party authorizes the Police Chief, the Sheriff or the officer commanding the Law Enforcement Agency in the Chief's or the Sheriff's absence to render and request mutual aid or assistance to and from the other party to the extent of available personnel, supplies and equipment not required for adequate protection of the local government rendering aid. The judgment of the Police Chief, the Sheriff, or officer commanding in the Chief's or Sheriff's absence of each municipality rendering aid as to the amount of personnel, supplies and equipment available shall be final. b. The obligation to render mutual aid is strictly voluntary in nature. It does not place either the Ithaca City Police Department or the Tompkins County Sheriff's Office under any obligation to respond to a request for mutual aid or assistance of the other party that it is unable or unwilling to honor. Such Law enforcement aid may be provided on an actual or standby basis. c. The commanding Law Enforcement Officer of the assisting local government shall report to and receive instructions from the commanding law enforcement officer of the municipality receiving mutual aid. d. Law Enforcement Officers who shall be commanded by their superior to act outside of the territorial limits of the local government which regularly employs the officer shall be under the direction and authority of one person designated by the commanding officer of that law enforcement agency. e. That person shall, in turn, be under the direction and authority of the local commanding Law Enforcement Officer of the municipality to which they are called to perform Law Enforcement or peace duties, i.e. the municipality receiving mutual aid. Law Enforcement Officers assisting another local government outside the geographical area of employment shall have all powers and authority of Law Enforcement and Peace Officers in such other jurisdiction as provided by law including the power of arrest. f. Further, each party authorizes The Police Chief or Sheriff and such Chief's or Sheriff's designee's to pre -arrange training exercises and programs as well as temporary assignment of officers and/or equipment to another law enforcement agency for training purposes. 5. Compensation, Expenses and Liability. a. All individuals shall retain all of their pension, disability, contractual and compensation rights while performing duties in accordance with this agreement. All salaries, legal and contractual benefits, and other personnel costs together with equipment and supply costs will be the responsibility of the respective local government employing the officer. 39 February 5, 2002 b. Except for claims relating to compensation, expenses and liabilities set forth in this Section 5, each local government shall waive any and all claims against all other local governments parties to this agreement, which may arise out of a local governrnent's activities outside of their respective jurisdictions while rendering aid under this agreement. c. The local government receiving aid pursuant to this agreement shall assume the liability for all damages and loss for equipment, materials arising out of any act performed in rendering such aid and shall reimburse the assisting local government for such damages or loss. Specifically exempt from this agreement are the payment of wages, benefits (including workers' compensation and GML 207-C benefits), salaries, and other sundry operational and supply expenses. Each law enforcement agency will be responsible for its respective salaries, wages, benefits (including workers' compensation and GML 207-C benefits) and sundry operational expenses unless agreed to separately by the Police Chief and Sheriff. d. All immunities from liability enjoyed by the local government within its boundaries shall extend to its participation in rendering aid under this agreement outside of its boundaries unless otherwise provided by law. All the immunities from liability and exemptions from laws, ordinances and regulations which Law Enforcement Officers employed by local governments which are parties to this agreement have in their own jurisdictions shall be effective in the jurisdiction in which they are giving aid unless otherwise provided by law or this agreement. e. Each party shall be liable for the negligence of its officers and personnel in the same manner and to the same extent as if such negligence occurred in the performance of their duties within their territorial limits. Each party shall indemnify and defend the other for claims alleging such negligence. 6. Rules and Regulations. The Police Chief and the Sheriff of the local governments shall establish uniform rules and regulations for requesting and rendering mutual aid as necessary and appropriate to implement this agreement. Vehicles, firearms, equipment and apparatus furnished in or for mutual aid shall be operated by personnel trained in the proper use of same. It is understood that under no circumstance will privately owned vehicles or equipment be utilized in providing mutual aid unless commandeered or authorized by the commanding officer of the local government receiving aid. 7. Cooperation. In the event a mutual aid or assistance situation results in an officer -involved shooting, accidental injury or other event or results requiring investigation or review, both parties will cooperate and consult with each other in the conduct of such investigation or review. Each local government and each law enforcement agency will make available to the other any information or resources necessary to conduct such investigation or review. 8. The Police Chief and the Sheriff will fully communicate, consult and cooperate with each other to insure that a thorough, efficient and effective investigation or review is conducted and that unnecessary duplication is avoided. The results of such investigation shall be shared with each local government. 9. Effective Date and Termination. 40 February 5, 2002 a. This agreement shall be effective when signed by each local government. b. This agreement may be terminated at any time by passage of a resolution terminating same by the governing board of a party to the Agreement. A copy of the resolution shall be promptly filed with the Clerk of each local government following its passage. However, obligations previously incurred are not extinguished by the termination of the Agreement. 10. Miscellaneous. a. This agreement constitutes the entire agreement between the parties and cannot be modified or amended except by written agreement of the parties. b. Any media release or press conference regarding a mutual aid event will be coordinated in advance between the Police Chief and the Sheriff. c. This agreement shall not be construed or deemed to be an agreement for the benefit for any third party or parties. No third party or parties shall have any right of action under this agreement for any cause whatsoever. d. The laws of the State of New York shall govern this agreement. e. This agreement may be executed in any number of counterparts, each of which shall be deemed an original. f. For the purposes of this agreement, when involved in routine Law Enforcement work of a non -emergency nature, temporary assignments and training exercises, the Law Enforcement Agency from which the equipment is assigned, or which is providing the training, or which is sponsoring the training exercise shall be deemed the assisting local government. IN WITNESS WHEREOF, the parties hereto have placed their hands and seals. By: Peter J. Meskill Sheriff of Tompkins County By: Steve Whicher Tompkins County Administrator By: Richard Basile, Chief of Police City of Ithaca Police Department By: Alan Cohen, Mayor City of Ithaca Report and Presentation of Resolution(s) from the Health and Human Services Committee 41 February 5, 2002 Mr. Winch, Chair, said that the Committee has not met since the last Board meeting. However, he has met with various Department Heads to become aware of activities and concerns of Departments. He has also met with Ms. Dill of the Human Services Coalition to review their programs. Mr. Winch said he had the opportunity to sit in on a panel with $30,000 FEMA funding to distribute among food kitchens. He said that the food kitchen directors spoke of a concern of low funds available and the impact of the increasing need for services. RESOLUTION NO. 12 - AUTHORIZING MEMBERSHIP IN THE INTERMUNICIPAL COOPERATIVE RECREATION PARTNERSHIP MOVED by Mr. Winch, seconded by Mr. Penniman, and unanimously adopted by voice vote. Mr. Winch explained that this agreement has been worked on for a long period and expressed appreciation to Ms. Nancy Zahler, Director of the Youth Bureau, and her staff for bringing this forward. WHEREAS, the Tompkins County Planning and Intergovernmental Relations Committee initiated an inter -municipal recreation planning process in 1999, and WHEREAS, the Recreation Planning Group comprised of municipal representatives from the Towns of Caroline, Danby, Dryden, Enfield, Groton, Ithaca, and Ulysses, Village of Lansing, and the City of Ithaca and Tompkins County developed a Proposal for the Future that was approved by all parties during their budget adoptions in 2000, and WHEREAS, the municipal representatives on the newly created Recreation Partnership Board have spent most of 2001 negotiating an agreement to govern their on-going program partnership which jointly plans, finances, provides, and coordinates shared recreational services that supplement and complement those offered by localities, and WHEREAS, the Partnership has offered over forty programs and 7,970 registrations of youth have already been recorded for 2001, and WHEREAS, the attached Agreement for Intermunicipal Cooperative Recreation Partnership has been approved by the Recreation Partnership Board on January 8, 2002 and now must be ratified by all eleven participating municipalities (Towns of Caroline, Danby, Dryden, Enfield, Groton, Ithaca, Newfield, and Ulysses, Village of Lansing, City of Ithaca, and Tompkins County), now therefore be it RESOLVED, on recommendation of Health and Human Services Committee, That the Board of Representatives continue its commitment to finding collaborative inter -municipal solutions to meeting youth needs by officially joining the Intermunicipal Cooperative Recreation Partnership, RESOLVED, further, That the Chair of the Board of Representatives be, and hereby is, authorized to sign the attached Agreement. SEQR ACTION: TYPE II -20 AGREEMENT FOR INTERMUNICIPAL COOPERATIVE RECREATION PARTNERSHIP Pursuant to Section 119-o of the General Municipal Law, the undersigned municipalities hereby enter into this Agreement to form a Recreation Partnership. This agreement shall become effective upon execution by each and every municipality listed in below and shall continue indefmitely. If all of the approvals and signatures are not obtained by March 31, 2002 this agreement shall be null and void. Establishing a Program The parties hereby establish an on-going program partnership for the purpose of jointly planning, financing, providing, and coordinating shared, recreational services that supplement and complement those offered by localities. A governing board of partners will direct and oversee the contracted services 42 February 5, 2002 of the Ithaca Youth Bureau's Recreation Division and other providers. The Partnership will be governed independently of any municipality. The Partnership will have no authority over any locally planned, locally funded, and locally operated programs except at the request of the sponsoring municipality. Local programs may choose to use the Partnership as a vehicle for voluntarily sharing information, equipment, publicity about programs, and/or coordinating their respective services. The Ithaca City School District participates by providing access to school facilities for Ithaca Youth Bureau programming in a reciprocal and mutually beneficial arrangement outlined in a Memorandum of Understanding. Sharing Program Costs For 2001, the Ithaca Youth Bureau, in consultation with the current Recreation Partnership Board, developed a diverse set of services that cost no more than $185,000 after program revenues were subtracted. This required a combined approach of increasing sponsorships, raising fees, trimming costs and reducing new offerings since the projected cost for 2001 was originally $195,000. The $185,000 in net operating costs of programs was split four ways. The City of Ithaca paid one quarter of the total, the Town of Ithaca paid one quarter, and the County paid one quarter. The remaining one-quarter was shared among smaller municipalities. The cost for each smaller municipality was calculated using an index that combined the 1999 assessed value of its taxable properties in the Ithaca School District and its share of program participation in 1998. The Planning Group selected this formula, which assigns the assessed value twice the weight of participation, for several reasons. First, the use and weighting of assessed value was used as a measure of each municipality's ability to pay for services. Second, the formula recognizes that children from the Ithaca City School District have been significant users of the services and a number of municipalities have been concerned about providing equitable support to all their youth. Third, the use of Ithaca City School District properties as opposed to the municipalities' full assessment, acknowledges that towns like Dryden, Ulysses, Groton, and Lansing also invest significantly in their own local recreation programs which are used primarily by children from their own school districts. Finally, by assigning a heavier weight to the assessed values of properties in the Ithaca School District, the amounts in this fiscal scenario resulted in more modest changes over the current amounts than most of the other formulas considered. A chart outlining 2001 and 2002 proposed costs is attached as Appendix 1. To determine future contributions: A) The governing board shall review preliminary budget projections by May and decide on the acceptable net program cost for the upcoming year; B) The governing board shall develop budget guidelines for allocating the cost of any agreed upon increases. e.g. The governing board may specify how much of the increase should be raised through fee increases, how much is to be raised through sponsorships, how much through cost cutting, and how much should be subsidized by partners; C) Every year, the participation rates of the three previous years shall be reviewed, averaged and used along with the most recent assessed valuation to re -calculate the members' contribution rate for the upcoming year; D) The governing board shall periodically re-examines the basis for cost allocation (e.g. The 4 way split and the use of the index with smaller municipalities) for all participating municipalities. If the City is not able to achieve an acceptable facilities agreement by July 1, 2002, the City Youth Bureau, as a provider, reserves the right to re -negotiate the facility costs charged to partners for Ithaca Youth Bureau Recreation Division Programs beginning in January 2003. 43 February 5, 2002 Governance Name: The governing board shall be called the Recreation Partnership Board. It will replace the Recreation Partnership Board that existed from 1995-2000. Membership: The board shall have a total of 14 members. The partners include: Towns of Caroline, Danby, Dryden, Enfield, Groton, Ithaca, Newfield and Ulysses, the Village of Lansing, City of Ithaca and Tompkins County. Each participating municipality will have at least one seat on the governing board (11). The Recreation Planning Group recommends that these seats be filled with an elected official willing and able to make policy decisions. When deemed necessary by any municipality, a lay designee who has the confidence of that municipal board may be appointed. In addition, the City of Ithaca, the Town of Ithaca, and Tompkins County may appoint one more representative each to reflect their greater investment in the Partnership (3). These additional appointed representatives may be elected or lay members. The Recreation Partnership Board may determine if it wants to create any non-voting at -large seats to add expertise or coordinating links to other key stakeholder groups e.g. Ithaca School District, youth with disabilities. Members will serve two-year terms. The governing board will elect its own officers: a Chair, a vice chair, and a treasurer. Roles of the Recreation Partnership Board The Recreation Partnership Board will develop its own operating by-laws to be ratified by all municipal partners. Future amendments will be subject to ratification by all participating municipalities. The Board will develop a work plan of key policy, program, and planning issues to be addressed annually. The Board will select providers, set program and budget priorities, and approve the net operating budget for programs, set fees for all programs and sponsorships and fiscal targets and guidelines for scholarships for use by the provider(s). Municipal boards will ratify the budget annually. The Board will meet monthly to review progress toward goals, address policy questions, review performance data, and fmances to assure that provider(s) are meeting the goals and expectations of the partners. The Board will authorize any addition or deletion in programs and acceptance of any large group sponsorships. The Board will periodically evaluate the performance of its providers and make recommendations to enable providers to improve services The Board may assign a liaison to program advisory committees to work with the group and staff to identify any policy questions that need action by the full governing board. Recreation Partnership Board representatives will be required to make regular reports to their municipalities. Roles of officers The Chair shall develop the agenda in consultation with the Tompkins County Youth Bureau staff and providers, chair the meetings, represent the Recreation Partnership Board at inter -municipal or public 44 February 5, 2002 meetings, assist as needed in contract negotiations to implement the wishes of The Recreation Partnership Board. The Vice Chair shall act in the absence of the chair. The Treasurer will work with the provider(s) and Tompkins County Youth Bureau staff to develop a format for regular financial reports that meet the needs of the Recreation Partnership Board. The Treasurer will review the financial report prior to the Board meetings and present the report to the full Board, noting any significant changes in expenses or revenues. The Treasurer will recommend to the Board a budget timetable and guidelines to enable providers to prepare budgets for the upcoming year. Fiscal agent and staff support: The participating municipalities will make their payments to Tompkins County. The funds will be managed as a separate program within the Tompkins County Youth Bureau's budget. The County Youth Bureau will contract with and make payments to providers authorized by the Recreation Partnership Board. It is a goal of the Recreation Partnership Board to establish a program coordinator position that would exist independent of any individual participating municipality. Within two years of signing the agreement, the Recreation Partnership Board will develop a proposal that includes the role and relationship of the coordinator to the partnership board, its members and providers, the duties and qualifications of the position, the cost to members, and designate the employer of record. The proposal shall be reviewed by all participating municipalities. Staff from the Tompkins County Youth Bureau will work in close cooperation with the recreation Division of the Ithaca Youth Bureau and other providers to provide support to the Recreation Partnership Board that includes: • coordination of orientation to the Partnership and its services; • orientation to the roles of the Recreation Partnership Board and its members; • assistance in developing an annual work plan of priority planning, oversight, and evaluation issues; • assistance in developing policy options and guidelines as needed to implement the work plan; • preparation of meeting agendas in consultation with the Board chair and providers; • preparation of minutes; • preparation of contracts with providers as authorized by the Recreation Partnership Board; • coordination with the providers to assure that program and financial reporting meets the needs of the Recreation Partnership Board; • coordination with providers to assure that their program policy questions that require Board decisions are acted on in a timely way; • authorization of payments after Board review of expenses; • assistance to the Board in monitoring and evaluating providers, as requested. The provider(s) will be responsible for: • providing the programs and services authorized by the Recreation Partnership Board in compliance with all relevant laws and safety regulations; • providing a summary of participation, program highlights, participant feedback, expenses and revenues for each program within two months after the last date of the provision of service to enable the Board to evaluate the program and make recommendations for the future; • convening advisory groups as needed to review operational details of interest to participants; • providing adequate liability coverage for approved programs and holding the participating municipalities harmless 45 February 5, 2002 • tracking and reporting expenses and revenues in formats requested by the Recreation Partnership Board, in account(s) separate from the provider's main budget; • tracking participation in formats and on a schedule requested by or acceptable to the Board; • periodically highlighting any trends or significant changes in programming, participation, customer feedback, expenses or revenues for the Recreation Partnership Board; • recommending programs or changes to improve services and/or lower costs; • working with the Tompkins County Youth Bureau to present any policy questions and options related to programs or financing that require Board action. FISCAL AND ADMINISTRATIVE ACCOUNTABILITY Independence: The Partnership will be a free-standing inter -municipal commission governed by its partners. Role and Relationship of the City of Ithaca: In the past, the City of Ithaca has been a member, the sole provider, coordinator, and the fiscal agent for the partnership. In the future, the City will be a member responsible for one quarter of the program costs. Like other members, it will make a payment to Tompkins County for its share of the approved budget. Like Tompkins County and the Town of Ithaca, it will have two seats on the governing board. Like other members, it may ask or convene local advisory committees to recommend the kinds of recreation services they want for the residents of their own municipality. As a provider selected to operate programs for the next two years, the City of Ithaca will hire/contract staff as needed within the approved budget to provide services authorized by the Recreation Partnership Board. The Ithaca Youth Bureau will be subject to normal civil service rules and procedures and to approved collective bargaining agreements. As a provider, the City will use its own facilities and may enter into agreements with other municipal partners or agencies to use other facilities throughout the partnership for approved programs. As a provider, the City will keep separate account of partnership funds and report in a format and on a timetable requested by the Recreation Partnership Board. Role of Tompkins County: Tompkins County is the fiscal agent for the Partnership. The County shall provide bills to the municipalities based on the agreed upon cost allocation and shall receive funds from the municipalities. The County Youth Bureau will administer those funds in accordance with the wishes of the Recreation Partnership Board by creating and managing contracts with designated providers and making approved payments to providers. The providers will continue to be responsible for tracking line item expenses and program revenues and will provide this information in a format required by the Recreation Partnership Board. Fiscal accountability As a condition of this agreement, designated provider(s) will maintain completely separate accounting for the Partnership that clearly shows all revenues by program, cluster and total; that shows all expenses, including direct, administrative, and facility -related costs by program, cluster and total. The providers must be able to track surpluses and deficits across budget years. The providers will prepare fmancial reports in a format that satisfies the governing board which includes proposed budget, year to date cumulative expenses and revenues. 46 February 5, 2002 The providers will also identify any potential for under or over -spending in the upcoming quarter so the governing board can make decisions on how to address changes. How surpluses and deficits will be handled The Recreation Partnership Board will decide how unanticipated under -spending or surpluses will be handled. For example, a surplus or savings might be carried over for one-time program expenses, reserved for future deficits, used to pilot new self-supporting programs, used as credits to reduce next year's municipal payments or budgeted into a reserve fund for equipment/vehicle replacement. A provider may experience a deficit from shortfalls in revenue despite its due diligence in trying to meet projections or unanticipated increases in costs. If this occurs, the Recreation Partnership Board will, in consultation with the provider, develop a plan to handle the deficit which may include: authorizing mid -year changes to increase revenue or cut costs; authorizing use of a contingency fund. How Municipalities Join or Leave the Partnership The Towns of Lansing and Newfield may join the Partnership on a trial basis for one year starting in 2001 at the costs shown in Appendix 1. During the trial period, they would not be subject to the member withdrawal requirements listed below. If they elect to join, they will be invited to appoint one elected official or designee to serve on the Partnership Board. If any municipality chooses to join after October 2001, the Recreation Partnership Board will decide how to handle the increased municipal contribution for the trial period. After the trial year, the cost-sharing formula will be re -adjusted for all continuing partners. A member municipality may elect to withdraw from the Partnership. Since a withdrawal from the Partnership will financially affect all of the remaining partners, the municipality seeking to withdraw must give fifteen months notice. E.g. A municipality must notify the Partnership by October 1, 2001 of its intention to withdraw at the end of December 2002. If a municipality withdraws and the remaining partners agree to assume some or all of the shortfall caused by the withdrawal, the same cost allocation plan shall be used to re -calculate their annual program contributions. Participation in Programs by Residents on Non -Member Municipalities Residents from non-member municipalities are welcome to participate on a space -available basis. Since they are not contributing through local taxes to subsidize the programs, they will be charged a fee twice the rate charged to members OR the actual unsubsidized cost, based on the prior year's calculation, whichever amount is higher. Dated: January 8, 2002 TOWN OF CAROLINE by TOWN OF DANBY by TOWN OF DRYDEN 47 February 5, 2002 by TOWN OF ENFIELD by TOWN OF GROTON by TOWN OF ITHACA by TOWN OF NEWFIELD BY TOWN OF ULYSSES by VILLAGE OF LANSING by CITY OF ITHACA by COUNTY OF TOMPKINS by Attachment 1 Cost Sharing Plan for Recreation Partnership Municipal Members In the plan agreed to by all eleven participating municipalities, the cost to partners is calculated by subtracting all fees and other revenues from the cost of providing registration- based programs approved by the Partnership Board. Note: This net cost does not include the operating costs of facilities offering open skating, swimming. The net cost is to be shared according the following formula: City of Ithaca shall pay one quarter. Town of Ithaca shall pay one quarter. Tompkins County shall pay one quarter to underwrite the cost to all municipalities. Smaller municipalities shall share the remaining one-quarter. Formula for sharing one quarter of the net cost of programs among smaller municipalities: 48 February 5, 2002 The following figures were calculated using an index of assessed value of taxable properties in the Ithaca City School District and the percentage of participation from each municipality. As approved by the Recreation Partnership Planning Group and Board, property assessments were assigned a value of twice that of participation. (Detailed calculations are on file at Tompkins County Youth Bureau) For 2001, the 1998 assessed values were used with 1998 participation. For 2002, the 2000 assessed values were used with an average of participation in 98,99,2000 Partner 2001 2002 City of Ithaca $46,250 $47,638 Town of Ithaca $46,250 $47,638 Tompkins County $46,250 $47,638 Town of Caroline $5,618 $5,814 Town of Danby $7,622 $7,679 Town of Dryden $10,736 $10,377 Town of Enfield $4,821 $4,969 Town of Groton $ 434 $ 414 Village of Lansing $11,046 $11,512 Town of Newfield $ 640 (pro -rated) $788 Town of Ulysses $5,972 $6,085 $185,000 $190,550 Youth/recreation partnership/fmalversions/fmalagree 1-09-02 RESOLUTION NO. 13 - APPROVAL OF RECREATION PARTNERSHIP BYLAWS MOVED by Mr. Winch, seconded by Mr. Proto, and unanimously adopted by voice vote. WHEREAS, the Board of Representatives is a member of the Intermunicipal Cooperative Recreation Partnership, and WHEREAS, the Intermunicipal Cooperative Recreation Partnership Agreement approved by the County calls for bylaws to be developed by the Recreation Partnership's governing board and ratified by all participating municipalities, and WHEREAS, the governing board of the Recreation Partnership approved a set of bylaws on November 13, 2001 that must now be approved by all participating municipalities, and WHEREAS, the Health and Human Services Committee of 2001 approved the bylaws on December 18, 2001, now therefore be it RESOLVED, on recommendation of Health and Human Services, That the bylaws on file with the Clerk of the Board be and hereby are approved. SEQR ACTION: TYPE II -20 49 February 5, 2002 Report and Presentation of Resolution(s) from the Information Technolosv Services Policy Committee Mr. Winch, Chair, reported the Committee had its first meeting on January 30, 2002. He said that he took the opportunity to familiarize himself with this department prior to the meeting. Mr. Potter, Director of Information Technology Services, provided information about the structuring of the department and recent changes. He said that at the meeting an approval was given to fill a vacancy. Mr. Winch feels that the restructuring will benefit other departments when requesting services. He said that the Department is applying for a SARA grant and which will scan large documents and will benefit of the entire County. He is looking forward to reviewing the short and long-range plans for the department at the next meeting. RESOLUTION NO. 14 - AWARD OF BID — LARGE FORMAT SCANNER MOVED by Mr. Winch, seconded by Mr. Proto, and unanimously adopted by voice vote. WHEREAS, the Department of Finance — Division of Purchasing has duly advertised for bids for the purchase of one (1) large format scanner, and WHEREAS, five (5) bids were received and publicly opened on December 20, 2001, and WHEREAS, the large format scanner will be funded through the Geographic Information Systems Capital Program, and WHEREAS, the large format scanner will have a primary purpose of the digitization of large format documents within the County Clerk's office and other County Government Agencies, now therefore be it RESOLVED, on recommendation of the Information Technology Services Policy Committee, That the bid be awarded to Widecom Group, Inc., of Brampton Ontario, Canada as the lowest responsible bidder meeting all of the minimum specifications as required for a total award amount of $12,000 (United States currency). SEQR ACTION: TYPE 1I-20 Report and Presentation of Resolution(s) from the Public Works Committee Ms. Blanchard, Chair, reported that the Committee met on January 17, 2002. At that meeting many organizational issues were discussed. At the next meeting on February 7, 2002 they plan to discuss goals. She said that Mr. Michael Harris, new Assistant County Highway Manager, was introduced and welcomed to the staff. Mr. Lane, Chair of the Economic and Workforce Development Committee has referred information from the Common Good Coalition related to Project Labor Agreement Proposals for evaluation. The Committee concurred with the recommendation to fill a position vacancy of Airport Operations Technician and preliminary steps were taken to fill two vacancies in the Facilities division. She said that a discussion occurred with the Library Director of how to arrange for additional cleaning service at the library to allow for more Sunday hours. The Committee did not support the Director's request that the cost of the service be taken out the Facilities budget. Suggestions were made that the director contact Ms. Smithers of County Administration to seek assistance on how to understand how funding within the library budget can be moved to accommodate her need. A discussion also took place regarding the solar panels and the converter repairs which are required. Also regarding the panels was a discussion of the possible means to sell energy produced from the panels. At this time the sale of energy cannot be made to the local supplier New York State Electric and Gas Corporation. The Committee will be working with the Environmental Management Council to this end. Finally, the year-end report was reviewed by the Committee and is available for review by Board members. RESOLUTION NO. 15 - AUTHORIZATION TO EXECUTE EXTENSION OF HIGHWAY SNOW AND ICE AGREEMENT WITH THE STATE OF NEW YORK 50 February 5, 2002 MOVED by Ms. Blanchard, seconded by Mr. Lane, and unanimously adopted by voice vote. Ms. Blanchard noted that our salt which is mixed with Icemelt a product that assists in the melting process is used on all roads we are contracted with. WHEREAS, the County of Tompkins has heretofore entered into an agreement with the State of New York pursuant to Section 12 of Highway Law relating to control of snow and ice on State highways, and WHEREAS, Sections 7 and 10 of said agreement respectively provide a method of modifying the map of affected State highways and for annually upgrading expenditures, and WHEREAS, it is in the best interest of the County to extend said agreement currently set to expire June 30, 2003 as modified and updated, for an additional one-year period because (1) it reaffirms our interest in continuing the good working relationship we now enjoy with the State Department of Transportation, and (2) it allows for more advance planning of snow routes and procedures, now therefore be it RESOLVED, on recommendation of the Public Works Committee, That an extension of the snow and ice agreement is hereby authorized for a period of one year from July 1, 2003 through June 30, 2004, RESOLVED, further, That the County Administrator is hereby authorized and directed to execute such extension on behalf of the County, RESOLVED, further, That the County continues to be concerned about fuel prices and subsequent adjustments and feels that needs to be addressed on an annual basis. SEQR ACTION: TYPE II -20 RESOLUTION NO. 16 - AUTHORIZATION TO CONDUCT A PUBLIC HEARING — PROPOSED ACQUISITION OF PROPERTY FOR THE WIDENING AND RECONSTRUCTION OF NORTH TRIPHAMMER ROAD MOVED by Ms. Blanchard, seconded by Mr. Todd. Ms. Blanchard noted that the purpose of this resolution is to abide with requirements for eminent domain in the event closure is not received on the purchase of right-of-ways on the last several properties located on this road. There are ten parcels that this involves out the eighty-eight. Mr. Lane requested to abstain from voting on this matter as he has clients involved in this matter. There were no objections. Mr. Lane said he was pleased to hear Ms. Valentino discuss the possibility of the Towns taking over some of the responsibility for highway needs. He also was glad to hear of the mutual aid agreement with the City and noted that some of the things spearheaded in the past are beginning slowly to come to fruition. A voice vote resulted as follows: Ayes — 14, Noes — 0, Abstained — 1 (Representative Lane). RESOLUTION ADOPTED. WHEREAS, funding for the North Triphammer Road improvement is in jeopardy unless the project can be moved forward in an expeditious manner, and WHEREAS, negotiations for approximately ten of the parcels needed to complete acquisition of the right-of-way for the project have not yet been completed, and WHEREAS, the County intends to pursue all means to complete these negotiations in a timely manner without necessitating legal measures but must provide for the contingency that the properties in question may need to be acquired via eminent domain procedures as a last resort, now therefore be it RESOLVED, on recommendation of the Public Works Committee, That the Board of Representatives conduct a public hearing pursuant to Section 201 of the Eminent Domain Procedure Law 51 February 5, 2002 at the Tompkins County Courthouse on the 19th day of February, 2002, 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 widening of North Triphammer Road in the Town of Lansing 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 consecutive issues of the Ithaca Journal. SEQR ACTION: TYPE II -20 Report from the Charter Review Committee Mr. Lane, Chairman, said the Committee met and spent time in refining the proposal to replace Section 2.04 that is filling of vacancies on the Board of Representatives and said that it will be available for comment by the Board shortly and subsequently the Towns. He also reported that the Department of Law section is being reviewed and expects the work to continue on as in the past. He said that with the final approval of the census the report on the redistricting effort will be forthcoming. Report from the Communications Capital Projects Committee Ms. Blanchard, Chair, reported the Committee met on January 22 and will meet again on February 26th at 11:30 a.m. The meeting was a detailed review of the legal agreement entitled Joint Contract For Lease Construction and Maintenance for the Public Safety Communications Center. This is the legal basis for moving forward with the agreement with the Town of Ithaca, Ithaca College, the City of Ithaca and the County to build a 911 center in conjunction with the Number 5 fire station on South Hill. Suggestions were made and revisions have been made and circulated to those involved. A negotiations meeting will be taking place on February 8th. This will include a lease agreement with the Town of Ithaca for the use of the premises. Following this it will focus on the design of the building that will be brought forth to the Board for review. The paging project is moving forward. United Radio will be doing frequency analysis to assist in reviewing the needs. Ms. Blanchard said that they are requesting individuals involved with the request for proposals to bring forth innovative solutions to the communications problems the County currently encounters with the system. Report from the Space Needs and Location Committee Mr. Joseph, Chairman, reported the Committee met in executive session prior to the regular Board meeting. Public Safety Building Space Study Committee Mr. Joseph, Chair, said that the committee has not yet met. He said that the name of the committee is changed to "Public Safety Building Planning Committee." This was a suggestion made to emphasize that the Committee is not just studying, but will be planning. Approval of Minutes of January 5, 2002 It was MOVED by Mr. Penniman, seconded by Mr. Todd, and unanimously adopted by voice vote, to approve the minutes of January 5, 2002 as submitted. MINUTES APPROVED. Adjournment On motion the meeting adjourned at 7:48 p.m. 52 February 19, 2002 Regular Meeting Public Hearing - Proposed 2002 Small Cities Program (Homeownership Program) Vice Chair Lane called the public hearing to order at 5:30 p.m. concerning the proposed 2002 Small Cities Program. Edward Marx, Planning Commissioner, introduced David Carlson, consultant, and provided the Board with a summary of the 2002 Small Cities Application. "Tompkins County is proposing to continue and expand the Homeownership Program originally developed and funded in 1993, and re -funded in 1994, 1996, 1999, and 2000. A $600,000 grant is requested that will enable the County to assist an additional 20-25 first-time homebuyers. "The terms, conditions, and policies now being utilized will be continued as part of Tompkins County Homeownership Program VI. Basic terms include the following: • Assistance of up to $25,000 will be provided as a second mortgage, all of which or a portion, which will be deferred for a period of five years. • Applicants will be required to commit to a minimum of two percent of the purchase price or $1,500 (whichever is greater) toward down payment and closing costs. • Applications must show that a minimum of 23 percent of their annual income will be used for housing expenses. • Up to $10,000 will be permitted to be used for rehabilitation. No "handyman specials" will be permitted to be purchased under the program. "Better Housing for Tompkins County, a local not-for-profit, will continue to provide housing counseling and other administrative services as part of the program. Financial counseling has been intensified in recent years to better meet the needs of program participation. "Local lenders are expected to commit themselves to participating in the program. In 2000, lenders committed $3,750,000 in additional mortgage funds to the program. Lenders are also expected to continue to reduce fees and closing costs associated with home purchases." No one from the public wished to speak. Vice Chair Lane declared the public hearing closed at 5:32 p.m. Public Hearing - Acquisition by the County of private lands pursuant to the Eminent Domain Procedures Law Vice Chair Lane called the public hearing to order at 5:32 concerning the possible acquisition by the County of private lands pursuant to the Eminent Domain Procedures Law. The purpose of the acquisition is to widen North Triphammer Road and shall allow comment from the public, and will review public use to be served and the impact on the environment and residents of the locality and asked if anyone wishes to speak. Mr. Lane explained the Board will need to consider a resolution later in the meeting to hold a public hearing on this matter at the March 19th Board meeting. This will allow for the necessary time to publish legal notices relating to this hearing. No member of the public wished to speak. Vice Chair Lane declared the public hearing 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. 53 February 19, 2002 Present: 12 Representatives. Excused: 3 (Representatives Joseph, Koplinka-Loehr, and Robertson). Privilege of the Floor by the Public Jay Franklin, Assistant Director of the Assessment Department, stated he feels there is a lack of senior exemptions and Enhanced STAR exemptions coming into the Assessment Office. The application is due March 1 and at this time they are at 59 percent of combined exemptions returned. Mr. Franklin said there are other exemptions that are still outstanding, and noted people do not have to wait until income tax returns are filed to submit an application. He said a media campaign is underway and asked that Board members take this information to their constituencies and urge residents to apply. At the request of Mr. Proto, Mr. Franklin will supply Board members with a list of their constituents who received exemptions last year. Mr. Lane recognized students in attendance from the Ithaca High School's Participation in Government class. Privilege of the Floor by Board Members Mr. Penniman, District No. 15 Representative, said last week he attended a government class at Cornell on budgeting and economics. He said it related well to the article in today's Ithaca Journal where Assemblyman Luster suggested there should be a new tax bracket for higher income citizens to help raise money. Mr. Penniman said there are some good reasons for this and he has a report from the class he will copy and distribute to all Board members. He said one interesting economic point that he noted was that taxing the higher income people is less likely to take money out of the local economy than it would to continue passing the taxes onto the property taxes. Ms. Herrera, District No. 3 Representative, reported she attended an interesting exhibit at the Dewitt Historical Museum on migrant workers in the Northeast, and recommended that people take a look at it. She also reported she and Representative Robertson visited Ithaca High School and spoke to seniors about serving on the Board of Representatives. Ms. Herrera expressed great enthusiasm about the experience and thanked Mr. Van Avery and the other teachers for having them there. Mrs. Schuler, District No. 4 Representative, announced this month's Kiwanis Officer of the Month is Tompkins County Deputy Dawn Caulkins for her diligence and being first on the scene during the recent arrests at Tompkins Cortland Community College. She noted this is the second time Ms. Caulkin's has received this honor. Mr. Lane, District No. 14 Representative, expressed condolences to the family of Jim Bobnick who passed away over the past weekend. Mr. Bobnick was a long-time active resident of the Dryden Community and former Dryden School Board President. Ms. McBean, District No. 2 Representative, said Black History Month continues to be celebrated in Tompkins County and invited Board members to stop by Southside Community Center where each Saturday the Center has been offering a speaker series on black issues. Privilege of the Floor by Town Supervisor Mark Varvayanis, Town of Dryden Supervisor, read and submitted the following statement: "I would like to thank you for inviting me here to have this little chat. I am sure that regular communication will help to keep us moving forward. 54 February 19, 2002 "I would like to start by thanking you again for the help you gave Dryden last year in regards to having our flood maps redrawn. You may recall that I asked for a resolution from you supporting our request for overflights. Your support was I am sure instrumental in our success in getting the remapping accomplished. The new map shows that we were correct in our assumption that the Forest Home Mobile Home Park is not in the flood plain. This information has made it possible to go forward with an attempt at a rather ambitious program to improve the neighborhood. This program continues to rely on your support in addition to that of state and federal agencies; we are also utilizing many resources from the private sector. "I hope we can continue advancing our record of cooperation as we work on the Aquifer Studies; I am sure we are all in agreement that clean water is this County's most valuable natural resource. The mixing of ground and surface water makes it imperative that we protect both. The Town of Dryden has $30,000 in its 2002 budget for the studies; some of the other towns are also committed to seeing this project come to fruition. If we are to guarantee a level of participation by the U.S. Geological survey in future years, a program must be started. I personally think that it would be valuable to lock in a funding commitment this year. Clearly the County will not be able to commit a significant amount of money this year, but I hope we can count on your participation in some manner. "There are ways the County can be involved without expending much money. For instance, I understand that the State requires a report to be filed whenever a new well is dug or drilled. This is I believe a new law that has not been well utilized because the State is obviously preoccupied with other issues. These reports contain much information that would expand our knowledge of the local aquifers. The Dryden Conservation Advisory Council sent a letter to the Water Resources Council suggesting that the County begin to accumulate groundwater data by requiring well data to be filed with the County. The County could require a copy of that report be filed with the County Health Department. This would place a minimal burden on our citizens, cost the County almost nothing, and would eventually develop into a very useful source of information. "I would also like to tell you that there is interest in getting improved bus service on Ellis Hollow Road and Snyder Hill Road. Dryden will work with the Tompkins County Transportation Council to investigate the level of desire. There has been some talk about setting up a special benefit district to help subsidize the service if that is necessary. Many of you know how difficult that would be. The ridership necessary to support the busses will probably be there if the support needed for the formation of a district is there; however, it is an interesting concept and I would at least like to explore the possibility. "Many people don't realize that we are working more closely now than in the past. I don't mean just the policy makers but probably even more importantly it is happening more often automatically at the department level. The result is improved efficiency. Now more than ever we owe it to our residents to maximize the value of their tax dollar. I know that you share my concern in that regard. "Thank you again for your time and willingness to listen". Edward Marx, Planning Commissioner, introduced Heather McDaniel who was recently hired as a Planner. He said she is already involved in a number of projects, including economic development and housing. Report from the County Administrator Mr. Whicher had no report. Report from the County Attorney Mr. Wood had no report. 55 February 19, 2002 Report from the Finance Director Mr. Squires reported the Board would soon be receiving an announcement in regard to a bond anticipation note sale that will be coming forth on March 14th. He said fmancing will be in the amount of $4 million and will be for the Cooperative Extension, Tompkins Community Action, and Tompkins Cortland Community College. Mr. Squires also announced the auction on foreclosed properties will be held on May 11th. Ms. Kiefer asked if the City would be participating in that auction. Mr. Squires responded that he does not have a defmite answer at this time; however, it appears likely the City will participate. Resolution(s) to be Added to the Agenda It was MOVED by Ms. Herrera, seconded by Ms. Blanchard, and unanimously adopted by voice vote by members present, to add the resolution entitled Designation of Physical Space and Assignment of Name — Sciencenter Expansion Projects to the agenda. It was MOVED by Ms. Herrera, seconded by Mr. Proto, to add the resolution entitled Designation of Individual to be Honored on the Wall of Inspiration — Sciencenter Expansion Project to the agenda. A voice vote resulted as follows: Ayes — 11; Noes — 1 (Representative Kiefer); Excused — 3 (Representatives Joseph, Koplinka-Loehr, and Robertson). MOTION CARRIED. It was MOVED by Ms. Blanchard, seconded by Mr. Penniman, and unanimously adopted by voice vote by members present, to add the resolution to the agenda entitled Authorization To Conduct A Public Hearing — Proposed Acquisition of Property for the Widening and Reconstruction of North Triphammer Road. Withdrawal of Resolution(s) from the Agenda Vice Chair Lane gave the appropriate committee chairs permission to withdraw the following resolution(s) from the agenda: Authorizing Salary Increases for Positions with Salaries Specifically Authorized by Board Resolution Above the Salary Range Appropriation from Contingent Fund and Budget Adjustment - AIDS Work — Community Health Services — Health Department Approval of Appointment(s) Under the Consent Agenda It was MOVED by Mr. Booth, seconded by Ms. Kiefer, and unanimously adopted by voice vote by members present, to approve the following appointment(s) under the Consent Agenda: Tompkins County Youth Board Jan Gorovitz — Probation Department Representative — term to expire December 31, 2004 Todd Jusko — City of Ithaca Representative — term to expire December 31, 2003 Mental Health Subcommittee John Beau Saul — At -Large Representative — term to expire December 31, 2004 Mary Hutchens — Mental Health Services Board Representative — term expires December 31, 2005 Larry Roberts - Mental Health Services Board Representative — term to expire December 31, 2003 Flora Gross Sagan - Mental Health Services Board Representative — term to expire December 31, 2002 Mental Health — Mental Retardation/Developmental Disability Subcommittee Carol Booth - Mental Health Services Board Representative — term to expire December 31, 2003 Melissa Brous - Mental Health Services Board Representative — term to expire December 31, 2005 56 February 19, 2002 Joanie Groome - Mental Health Services Board Representative — term to expire December 31, 2003 Mental Health - Substance Abuse Subcommittee David B. Spano - Mental Health Services Board Representative — term to expire December 31, 2002 Annjeanette Kircher - Mental Health Services Board Representative — term to expire December 31, 2002 Mary Chapman - Mental Health Services Board Representative — term to expire December 31, 2003 Board of Health Dan Winch — County Representative — term to expire December 31, 2007 Public Information Advisory Board Kathryn McGriff — term to expire December 31, 2003 Satomi Z. Hill — term to expire December 31, 2002 Charles Broadhead — term to expire December 31, 2002 Geoff Dunn — term to expire December 31, 2002 Larry Roberts — term to expire December 31, 2002 George Eberhardt — term to expire December 31, 2003 Sean Killeen — term to expire December 31, 2003 Anne C. Ryan — term to expire December 31, 2003 Criminal Justice Advisory /Alternatives to Incarceration Board Susan Robinson — At -Large Representative — term to expire December 31, 2002 Fire, Disaster and EMS Advisory Board John W. Smith — Town of Danby Representative — term to expire December 31, 2003 Family Court Advisory Council Marie -Lucile Mauboussin — School Representative — term to expire December 31, 2004 Louise Miller —At -Large Representative — term to expire December 31, 2004 Patricia Karr -Segal — Family and Children's Services Representative — term to expire December 31, 2004 Strategic Tourism Planning Board David Sparrow — Retail Representative — term to expire December 31, 2003 William Kaven — At Large Representative — term to expire December 31, 2003 Carol Chock — Culture Representative — term to expire December 31, 2004 Katy Pearce — Culture Representative — term to expire December 31, 2002 Environmental Management Council David Weir — Town of Ithaca Representative — term to expire December 31, 2002 Approval of Resolution(s) Under the Consent Agenda It was MOVED by Mr. Booth, seconded by Ms. Kiefer, and unanimously adopted by voice vote by members present, to approve the following resolution(s) under the Consent Agenda: RESOLUTION NO. 17 - AUTHORIZATION FOR TRANSFER OF POSITION AND FISCAL TARGET ADJUSTMENT - INFORMATION TECHNOLOGY SERVICES AND FINANCE DEPARTMENTS MOVED by Mr. Booth, seconded by Ms. Kiefer, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, Information Technology Services (ITS) is restructuring its organizational plan for 2002, and 57 February 19, 2002 WHEREAS, the organizational changes have resulted in a plan to incorporate the position of Financial Systems Administrator within the ITS Department, and WHEREAS, the Financial Systems Administrator position will be under the direct administrative oversight of the Director of ITS, now therefore be it RESOLVED, on recommendation of the Information Technology Services Policy, Government Operations and Budget and Capital Committees, That the position of Financial Systems Administrator be transferred from the Finance Department to the ITS Department effective immediately, RESOLVED, further, That the job code for the position of Financial Systems Administrator will be 16-766, RESOLVED, further, That the following budget adjustment be made for the remainder of 2002: FROM: A1315.51000278 Financial Systems Administrator $52,052 A1315.58800 Fringes $13,676 TO: A1680.51000 Financial Systems Administrator $52,052 A1680.58800 Fringes $13,676 RESOLVED, further, That a Fiscal Target adjustment be made to decrease the Finance Department Fiscal Target (Base Budget) by $68,374 with a commensurate increase in the ITS Fiscal Target (Base Budget) of $68,374. SEQR ACTION: TYPE 11-20 RESOLUTION NO. 18 - BUDGET ADJUSTMENTS — VARIOUS DEPARTMENTS MOVED by Mr. Booth, seconded by Ms. Kiefer, and unanimously adopted by voice vote by members present, under the Consent Agenda. RESOLVED, on recommendation of the Public Safety, Health and Human Services, Public Works Committees, That the Director of Finance be directed to make the following budget adjustments on his books: PUBLIC SAFETY COMMITTEE Sheriff (#1) Revenue Acct Title Amt Ammon Acct Title(s) 3113 44389 Other Public Safety $10,200 3113 54319 Program Supplies Explanation: Monies needed to purchase the car seats for the Child Passenger Safety Program grant. HEALTH AND HUMAN SERVICES COMMITTEE Office for the Aging (#2) Revenue Acct Title Amt Approp Acct Title(s)_ 6771 43803 State Revenue $77 6771 43803 State Revenue $41 6771 54330 Printing 6771 54412 Travel & Training Explanation: Reappropriation of unused State monies to be used in 2002 from State Ombudsman Program. Office for the Aging (#3) Revenue Acct Title Amt Approp Acct Title(s) 6775 44772 Federal Revenue $6,661 6775 51000060 Salary 6775 44772 Federal Revenue $ 279 6775 54330 Printing 6775 44772 Federal Revenue $ 879 6775 58800 Fringes 6775 44772 Federal Revenue $ 72 6775 54400 Program Expense Explanation: Reappropriation of unused Federal monies to be used in 2002 for Title V Program (Senior Community Employment). Office for the Aging (#4) 58 February 19, 2002 Revenue Acct Title Amt Approp Acct Title(s) 6777 43803 State Revenue $ 370 6777 54472 Telephone 6777 43803 State Revenue $ 689 6777 54491 Subcontract Explanation: Reappropriation of unused State monies in 2002 from CSE (Community Services for the Elderly) Program. Office for the Aging (#5) Revenue Acct Title Amt Approp Acct Title(s) 6780 43803 6780 43803 6780 43803 6780 43803 6780 43803 6780 43803 State Revenue State Revenue State Revenue State Revenue State Revenue State Revenue Explanation: Reappropriation of unused Home Services for the Elderly) Program. Office for the Aging (#6) Revenue Acct Title $ 159 6780 51000673 Salary $ 458 6780 51000513 Salary $ 282 6780 54330 Printing $ 231 6780 54472 Telephone $ 156 6780 58800 Fringes $4,202 6780 54491 Subcontract State monies to be used in 2002 from EISEP (Expanded In - Amt Approp Acct Title(s) 6781 44772 Federal Revenue 6781 44772 Federal Revenue 6781 44772 Federal Revenue Explanation: Reappropriation of unused Support Program). Office for the Aging (#7) Revenue Acct Title $ 1,627 6781 51000559 Salary $ 129 6781 54414 Local Mileage $ 455 6781 58800 Fringes Federal monies to be used in 2002 for Title III -E (Caregiver's Amt Approp Acct Title(s) 6782 43803 6782 43803 6782 43803 6782 43803 6782 43803 6782 43803 6782 43803 State Revenue State Revenue State Revenue State Revenue State Revenue State Revenue State Revenue Explanation: Reappropriation of unused Resource Center) Program. Office for the Aging (#8) Revenue Acct Title $4,242 $ 43 $ 249 $ 75 $ 25 6782 51000559Salary 6782 54303 Supplies 6782 54332 Books 6782 54412 Travel & Training 6782 54416 Membership Dues $ 306 6782 54472 Telephone $1,041 6782 58800 Fringes State monies to be used in 2002 from CRC (Caregiver's Amt Approp Acct Title(s) 6795 44772 Federal Revenue 6795 44772 Federal Revenue 6795 44772 Federal Revenue Explanation: Reappropriation of unused (Alzheimer's Support Program). Office for the Aging (#9) Revenue Acct Title $1,401 6795 51000559Salary $ 34 6795 54330 Printing $ 350 6795 58800 Fringes Federal monies to be used in 2002, for Account III -D Amt Approp Acct Title(s)_ 6798 44772 Federal Revenue 6798 44772 Federal Revenue 6798 44772 Federal Revenue 6798 44772 Federal Revenue 59 $ 77 6798 51000559Salary $ 21 6798 54330 Printing $ 265 6798 54412 Travel & Training $ 18 6798 58800 Fringes February 19, 2002 Explanation: Reappropriation of unused Federal monies to be used in 2002, for account Title VII, the Federal Ombudsman Program. Office for the Aging (#12) Revenue Acct Title Amt Approp Acct Title(s) 6796 44772 6796 44772 6796 44772 6796 44772 Federal Revenue Federal Revenue Federal Revenue Federal Revenue $1,518 6796 51000517Salary $2,265 6796 55440 Program Expense $ 281 6796 54414 Local Mileage $1,129 6796 58800 Fringes Explanation: Reappropriation of unused Federal monies to be used in 2002 from the WRAP (Weatherization) Program. This account runs from August 1, 2001 — July 31, 2002. Social Services (#11) Revenue Acct Title Amt Approp Acct Title(s) 6010 42770 Other Misc. Revenue $1,000 6010 54332 Books Explanation: The Friends of the Library has awarded $1,000 to the Department of Social Services to fund the purchase of books which will make up a lending library for prospective and current foster and adoptive parents in Tompkins County. PUBLIC WORKS COMMITTEE Public Works — Highway (#13) Revenue Acct Title Amt Approp Acct Title(s) D5111 44589 Federal Aid, Bridges $257,270 D5111 54411 Bridge Contracts D5111 43589 State Aid, Bridges $ 46,200 D5111 54411 Bridge Contracts Explanation: Bridge Painting: Federal share, eighty percent (80%) and State share, fifteen percent (15%) of work that could not be completed due to state budget delays. Local share of costs encumbered from 2001 budget. SEQR ACTION: TYPE II -20 Report from the Budget and Capital Committee Mr. Penniman, Chairman, reported the Committee met last week and discussed a number of resolutions on the agenda. There was also discussion about a payment situation with TCAT where there is some money currently going from the County to the City via TCAT. The discussion was about making that payment directly from the County to the City; however, before that could be done there needs to be further discussion. Mr. Penniman said the Committee began discussing early budget projections for 2003, which appears to be another difficult budget year. The Committee will begin reviewing capital projects at upcoming meetings. Report and Presentation of Resolution(s) from the Public Safety Committee Mrs. Schuler, Chair, reported the Committee met on February 7 and approved resolutions that appear on the agenda for this meeting. She said she was not present at that meeting and deferred her report to Ms. Blanchard. Ms. Blanchard said the Committee discussed the PINS 18 Departmental Plan and the interdepartmental response to questions that were asked by the State. She stated this new legislation has the potential of costing the County a lot of money. 60 February 19, 2002 RESOLUTION NO. 19 - APPROPRIATION FROM CONTINGENT FUND FOR TERMINAL PAY AT THE SHERIFF'S OFFICE MOVED by Mrs. Schuler, seconded by Mr. Totman. A short roll call vote resulted as follows: Ayes — 12, Noes — 0, Excused — 3 (Representatives Joseph, Koplinka-Loehr, and Robertson). RESOLUTION ADOPTED. WHEREAS, the Sheriff's Office had an employee, Judith Miller, retire effective January 30, 2002, at a cost of $21,101 for terminal pay, and WHEREAS, the Fiscal Policy of Tompkins County allows for terminal pay from the Contingent Fund, now therefore be it RESOLVED, on recommendation of the Public Safety Committee and the Budget and Capital Committees, That the Director of Finance appropriate a total $21,101 to the Sheriff's budget for terminal pay, RESOLVED, further, That the money be distributed to the following accounts: FROM: A1990.54440 Contingent Fund $21,101 TO: A3110.51000 Regular Pay $16,747 A3110.58800 Fringe 4,354 SEQR ACTION: TYPE II -20 Announcement Mr. Lane announced the Public Officials Conference sponsored by the Tompkins County Emergency Management Committee and New York State Emergency Management Office has been changed to April 4, 2002 from 6 p.m. to 9 p.m. at the Holiday Inn. This is the meeting for all village, town, City, and County legislative officials to learn more about the roles and responsibilities of local officials as partners with the state and federal governments in emergency management and preparedness. Report and Presentation of Resolution(s) from the Health and Human Services Committee Mr. Winch, Chairman, reported the Committee met on February 12. At that meeting a request to fill a position through the soft hiring freeze was approved for the Office for the Aging. He said the Committee also received a summary and evaluation of the Foodnet Meal Plan and will discuss it at the next meeting. Mr. Winch said in an effort to better educate the Committee, they will be holding monthly presentations by departments and agencies about programs and areas of special concern. At the meeting on February 12 Shelia Chase and Judy Voorheis of the Foster and Adoptive Parent Recruitment Training and Support Program provided the Committee with a presentation on the functions of that program. Mr. Winch also announced the Friends of the Library have donated funds to be used towards the purchase of a lending library for the adults of that program and a grant was received to provide literature to the children in that program. Margaret Dill, Executive Director of the Human Services Coalition, was also in attendance, and reported to the Committee on the work plan for human services planning and Information and Referral Services. RESOLUTION NO. 20 - APPROVAL OF PINS 18, INTERDEPARTMENTAL, "PLAN" - DEPARTMENT OF SOCIAL SERVICES, PROBATION, AND YOUTH BUREAU MOVED by Mr. Winch, seconded by Ms. Blanchard. Mr. Booth said he voted against this at the Committee level because he does not feel it constitutes a plan. Mr. Wood said when the New York State Legislature changed the date this would become effective they added to the Law that counties would prepare a plan. He said this is the plan the County has prepared in accordance with that law. Mr. Winch stated the cost of this new legislation is not known at this time. Mr. Whicher said the State is asking for a plan; however, is not stating where the money is going to come from. He questioned whether it would 61 February 19, 2002 be wise to provide the State with a detailed plan if there are no funds. He said the document referred to in the resolution provides a description of what Tompkins County will do; however, does not provide details because without funds it is not known how it will be implemented. A voice vote resulted as follows: Ayes — 9 (Representatives Blanchard, Herrera, Kiefer, Lane, McBean, Schuler, Todd Totman, and Winch); Noes — 3 (Representatives Booth, Penniman, and Proto); Excused — 3 (Representatives Joseph, Koplinka-Loehr, and Robertson). RESOLUTION ADOPTED. WHEREAS, a letter, dated November 14, 2001 was received by the Chair of the Tompkins county Board of Representatives from the Director of the Office of Strategic Planning and Policy Development of the New York State Office of Children & Family Services (OCFS), and WHEREAS, this letter requested that a "Plan" be submitted that outlines how the County is preparing for and how it will implement the new PINS 18 jurisdiction legislation, and WHEREAS, a multi -agency group was convened to "project the impact of the legislation and to identify services needed," and WHEREAS, representatives from the Department of Social Services, the Probation Department, and the Youth Bureau have documented and prepared a "Plan" for the PINS 18 legislation now therefore be it RESOLVED, on recommendations of the Health and Human Services and Public Safety Committees, That the Interdepartmental PINS 18 "PLAN" is approved for submission to the New york State Office of Children & Family Services. SEQR ACTION: TYPE II -20 Report from the Information Technology Services Policy Committee Mr. Winch, Chairman, had no report. Report and Presentation of Resolution(s) from the Public Works Committee Ms. Blanchard, Chair, said at the February 7 Committee meeting Pete Messmer, Highway Manger, reported based on the New York State Highway Superintendents Association meeting he recently attended in Albany, that the CHIPS operation and maintenance funds in 2001 will also not be funded in 2002. Additionally, the CHIPS capital funds, which total $1.0 million for Tompkins County, are in jeopardy in the State budget. The advice delivered to the County highway superintendents was not to spend the anticipated funding until the budget is approved to see if the funds are available. Mr. Messmer reminded the Committee that this million dollars is equal to the amount of the highway materials budget. He stated that he needs to be advancing his summer work program, now, and that in order to keep the highway program on track, he cannot wait until the State budget is settled to proceed. Steve Whicher stated that he has been in contact with NYSAC about this same issue. This year, the added circumstances created by the events of September 11, 2001 and impacts from the proposed federal budget, makes the situation even more uncertain than usual. Ms. Blanchard stated Mr. Messmer was directed to prepare month -to month report on activities and expenditures to keep us appraised of the highway program status and risk to the County for 2002. He could use funds available in another part of the highway budget (approximately $200,000) now, to begin to stockpile needed materials, etc. A presentation will also be made to the Budget and Capital Committee on this topic. Ms. Blanchard reported on the Air Service Task Force, and stated that the Consultants, Nammack Associates and Back Associates had addressed the Task Force at its last meeting. She said the charge was to prepare a service presentation to United Airlines in good draft form but it was suggested to wait until after the first quarter of 2002, and then re-examine pursuing other airlines. There was discussion of providing services to Washington, D.C. with more fuel-efficient planes, and because Washington is a United Airlines hub, would increase access to the western U.S. It was suggested by the consultant that 62 February 19, 2002 the County keep its presentation to United polished, in order that it can be made when the time is right to do so. Robert Nicholas, Airport Manger, reported to the Task Force he has applied for funds from the AIR 21 program. He has received support for this from State Representatives Hinchey and Schumer. If accepted there would be funds available up to $500,000 for three years. Ms. Blanchard reported that Mr. Nicholas would like to use the funds to lower fares to increase enmplanements and do additional marketing. Mr. Nicholas also reported to the Task Force that in 1995, the Airport entered into a contract with SmartCarte for ten carts at the Airport. Since SmartCarte has requested to raise the price of the carts to $3, Bob has decided instead to purchase the ten carts with convenient placement in the terminal for free use by the Airport users. Ms. Blanchard also provided the Board with an update on recycling revenues. She said there is an expected surplus of recycling revenue of $85,961. Ms. Eckstrom also told the Committee that she anticipates about $45,000 surplus revenues from disposal. All of the 2001 year-end receipts will be in by the end of February, when final reports can be prepared. The Committee also was updated on the ENRON scandal, and was told it had some relevance to Tompkins County since there was a hedge price for cardboard with Waste Management through ENRON which totaled about $10,000. She said this will have little or no impact because of Broome County revenues of $2,500-$3,000 per month, season market fluctuations, and conservative disposal revenues. Ms. Eckstrom was asked to prepare monthly reports on the revenue for the Committee, including a breakdown by commodity. RESOLUTION NO. 21- CHANGE IN POSITIONS - PUBLIC WORKS MOVED by Ms. Blanchard, seconded by Mr. Todd, and unanimously adopted by voice vote by members present. WHEREAS, it was agreed that the one Cleaner position in the Highway Division would be transferred to the Facilities Division when the new Bostwick Road facility was complete, now therefore be it RESOLVED, on recommendation of the Public Works and Budget and Capital Committees, That one position of Cleaner, labor grade D (8-401), 40 hours per week, be abolished effective February 11, 2002, in the Highway Division, RESOLVED, further, That one position of Cleaner, labor grade D (8-401), 35 hours per week, be created effective February 11, 2002, in the Facilities Division, RESOLVED, further, That the Finance Director be directed to make the following adjustments to his books: From: DM5130.51000 Salary $17,335 DM5130.58800 Fringes 4,871 DM5130.54470 Building Repairs 2,500 To: A1620.51000 Salary $17,335 A1620.58800 Fringes 4,871 A1620.54311 Facilities Maintenance 2,500 RESOLVED, further, That the Fiscal Target for the Highway Division be reduced by $31,182 and the Fiscal Target for the Facilities Division be increased by $28,049. SEQR ACTION: TYPE II -20 RESOLUTION NO. 22 - AUTHORIZATION TO CONDUCT A PUBLIC HEARING — PROPOSED ACQUISITION OF PROPERTY FOR THE WIDENING AND RECONSTRUCTION OF NORTH TRIPHAMMER ROAD 63 February 19, 2002 MOVED by Ms. Blanchard, seconded by Mr. Winch, and unanimously adopted by voice vote by members present. According to Mr. Wood, this resolution is being passed again because of public notice time requirements. Mr. Booth asked if the County acquires an easement and that land is contaminated, does the County also acquire liability. Ms. Blanchard said Mr. Wood has looked into this. WHEREAS, funding for the North Triphammer Road improvement is in jeopardy unless the project can be moved forward in an expeditious manner, and WHEREAS, negotiations for approximately ten of the parcels needed to complete acquisition of the right-of-way for the project have not yet been completed, and WHEREAS, the County intends to pursue all means to complete these negotiations in a timely manner without necessitating legal measures but must provide for the contingency that the properties in question may need to be acquired via eminent domain procedures as a last resort, now therefore be it RESOLVED, on recommendation of the Public Works 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 19th day of March, 2002, at 5:30 o'clock m 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 widening of North Triphammer Road in the Town of Lansing 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 consecutive issues of the Ithaca Journal. SEQR ACTION: TYPE II -20 Report from the Planning Committee Ms. Kiefer, Chair, reported the Committee has not met since the last Board meeting. The next meeting will be February 21 at 2 p.m. She said the Environmental Management Council had invited all Board members to attend their meeting this month at which there was a speaker from NYPIRG on the Pesticide Neighbor Notification Law. She said the presentation was informative and hopes the EMC will come forward with a recommendation on whether the County should opt in or not. Mr. Proto said yesterday it was reported that Senator Schumer was at Cooperative Extension to discuss agriculture policy and the impact of federal legislation on the local farmers. Ms. Kiefer said this issue would fall under the auspices of the Planning Committee; however, she did not know anything about the visit from Senator Schumer. There was no information on this available from any Board member. Report and Presentation of Resolution(s) from the Government Operations Committee Mr. Booth, Vice Chairman, reported the Committee met on February 12 and discussed a possible Charter change that would put the lawyers in the Department of Social Services under the direction of the County Attorney's office. He said there was a split vote by the Committee and the proposal subsequently was defeated. Mr. Booth said there was also discussion with the Assessment Department about the possibility of taking part in a program under the State Real Property Tax Law to provide certain tax exemptions to first-time homeowners of newly constructed homes. There was a series of questions about how that program would work and whom it would target. Following discussion, the Committee did not support moving that proposal forward. The Committee also provided the County Administrator input on the form that is being used in the soft -hiring review. Mr. Booth said the Committee discussed many other items on the agenda, including the resolutions that follow. Mr. Proto said the Board had a resolution asking for consideration of a property tax exemption from Gold Star Parents at one time. He recalled this was deferred back to the Committee, and asked for 64 February 19, 2002 the status of this. Mr. Whicher said he believes this lost in Committee; however, he will look into it further. RESOLUTION NO. 23 - AUTHORIZATION FOR CONTINGENT FUND APPROPRIATION TO COVER OUTSIDE LEGAL FEES RELATED TO COMMUNICATIONS SYSTEM LAWSUIT - COUNTY ATTORNEY MOVED by Mr. Booth, seconded by Mr. Totman. A short roll call vote resulted as follows: Ayes — 12, Noes — 0, Excused - 3 (Representatives Joseph, Koplinka-Loehr, and Robertson). RESOLUTION ADOPTED. WHEREAS, outside counsel was obtained to facilitate the County's defense in the recent communications system lawsuit imposed by the Town of Ithaca and several other parties, and WHEREAS, the County has been billed by Harris Beach, LLP, for legal services through December 19, 2001, in the amount of $339.69, and WHEREAS, payment is now due, and WHEREAS, total bills to date in this case amount to $9,031.21, now therefore be it RESOLVED, on recommendation of the Government Operations and Budget and Capital Committees, That the Director of Finance be authorized and directed to make the following budget appropriation: FROM: A1990.54400 Contingent Fund TO: A1420.54442 Professional Services SEQR ACTION: TYPE II -20 $339.69 $339.69 RESOLUTION NO. 24 - AUTHORIZATION FOR CONTINGENT FUND APPROPRIATION TO COVER OUTSIDE LEGAL FEES RELATED TO REDISTRICTING LAWSUIT - COUNTY ATTORNEY MOVED by Mr. Booth, seconded by Ms. Kiefer. A short roll call vote resulted as follows: Ayes — 12, Noes — 0, Excused - 3 (Representatives Joseph, Koplinka-Loehr, and Robertson). RESOLUTION ADOPTED. WHEREAS, outside counsel was obtained to facilitate the County's defense in the recent redistricting lawsuit imposed by the Town of Ithaca and several other parties, and WHEREAS, the County has been billed by Harris Beach, LLP, for legal services through December 19, 2001, in the amount of $304.27, and WHEREAS, payment is now due, and WHEREAS, total bills to date in this case amount to $54,882.95, now therefore be it RESOLVED, on recommendation of the Government Operations and Budget and Capital Committees, That the Director of Finance be authorized and directed to make the following budget appropriation: FROM: A1990.54400 Contingent Fund $304.27 TO: A1420.54442 Professional Services $304.27 SEQR ACTION: TYPE II -20 RESOLUTION NO. 25 - TO AMEND RESOLUTION NO. 25 OF FEBRAURY 20, 2001 — DETERMINATION AND CERTIFICATION OF COUNTY CLERK'S ALLOWANCE — ANNUAL EXPENSES FOR ADMINISTERING MORTGAGE TAX (AMENDED BY RESOLUTION NO. 11 OF 2003) 65 February 19, 2002 MOVED by Mr. Booth, seconded by Mr. Proto, 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 same amount certified by 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 $56,895 per annum to $67,610 per annum, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the sum of $67,610 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 $67,610 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 -20 RESOLUTION NO. 26 - AUTHORIZING CHANGE IN COURT ATTENDANTS HOURLY REIMBURSEMENT RATE MOVED by Mr. Booth, seconded by Mr. Penniman, and unanimously adopted by voice vote by members present. WHEREAS, the New York State Unified Court System and the Office of Supreme and County Court Clerks have authorized an increase in the base hourly rate for Court Attendant's, and WHEREAS, it is recommended that regular Court Attendants be reimbursed at the rate of $7.11 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 $8.11 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 Government Operations Committee, That the Board of Representatives authorizes changing the Court Attendants base hourly rate of pay effective January 1, 2002, from $6.90 to $7.11 and from $7.90 to $8.11 for extra responsibilities. SEQR ACTION: TYPE II -20 RESOLUTION NO. 27 - REFUND OF TAXES — TOWN OF NEWFIELD (12.-1-4) MOVED by Mr. Booth, seconded by Mrs. Schuler, and unanimously adopted by voice vote by members present. WHEREAS, this Board is informed that an error has been made in the 2000, 2001, and 2002 tax roll of the Town of Newfield, namely parcel 12.-1-4, assessed to Newfield Central School and Garage, was erroneously charged for the Newfield Water District that included the portion that is attributable to the operation and maintenance of the water district, now therefore be it 66 February 19, 2002 WHEREAS, the Department of Assessment assessed the water district charge on the tax roll as directed by the Town of Newfield, and WHEREAS, the entry for the Newfield Water District Charge included charges for the maintenance and operation of the water system which was bonded prior to 1953 and according to the New York State Real Property Tax Law Section 408, the charges for the maintenance and operation can not be assessed to a school district or a board of cooperative education services (BOCES), now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the Town of Newfield Tax Collector is directed to correct the 1999-2000 tax roll, the 2000-2001 tax roll and the 2001- 2002 tax roll, RESOLVED, further, That the amount of $5772.05 for the year 1999-2000, $5,076.92 for the year 2000-2001 and $4,652.49 for the year 2001-2002 be refunded to Newfield Central School and Garage, RESOLVED, further, That the amount of $14,895.35 be charged back to the Town of Newfield and that $606.11 be charged back to Tompkins County for penalties and interest. SEQR ACTION: TYPE II -20 Report and Presentation of Resolution(s) from the Economic and Workforce Development Committee Ms. Herrera, Vice Chair, reported the Committee met on February 14 and received a report on liaison assignments. The Committee also received a report from Tompkins County Area Development. She said in addition to the public relations, marketing, and development, the Committee also received a report from the TCAD strategy coordination committee on activities that included an interesting presentation to BOCES about the Danby school proposal. She said the original concept was about a prep for agriculture, horticulture, and food system jobs; however, it looks like it might be good training for some manufacturing and high tech jobs as well. Ms. Herrera said the Committee also received a reports from the Industrial Development Agency on activities, including the Cornell refinancing on the tax- exempt bond that took place February 12-15 in New York City, parts and materials, the Gateway project, the Airport Service Task Force and a possible proposal to U.S. Airways. In addition, the Committee also received a report from the Strategic Tourism Planning Board. Ms. Herrera said there was discussion about Project Labor Agreements, and a working group was set up. RESOLUTION NO. 28 - EXPANSION OF THE MEMBERSHIP OF THE STRATEGIC TOURISM PLANNING BOARD MOVED by Ms. Herrera, seconded by Ms. McBean, and unanimously adopted by voice vote by members present. WHEREAS, tourism has become a growing and important sector of the County's economy, and WHEREAS, tourism can increase jobs, and increase sales and property tax income if planned appropriately, and WHEREAS, tourism can improve the quality of life for County residents at the same time it attracts visitors from outside the County, and WHEREAS, the current membership of the Strategic Tourism Planning Board (STPB) is limited to specific categories, and the committee would benefit from the expertise from other areas that contribute to the tourism development program, but do not fit into the current specified categories for membership, now therefore be it RESOLVED, on recommendation of the Economic and Workforce Development Committee, That the membership of the STPB be expanded to include: ➢ One Restaurant Representative, Voting Member, term March 1, 2002 — December 31, 2004, three year term thereafter; 67 February 19, 2002 D Government Transportation Representative, Ex -Officio Status, term: March 1, 2002 — December 31, 2004, three year term thereafter; and ➢ Tompkins County Area Development Representative, Ex -Officio Status, term on-going. SEQR ACTION: TYPE II -20 RESOLUTION NO. 29 - AMENDING BYLAWS FOR THE STRATEGIC TOURISM PLANNING BOARD TO INCREASE MEMBERSHIP MOVED by Ms. Herrera, seconded by Mr. Proto. Ms. Kiefer referred to the quorum statement contained in the bylaws and stated it refers to a quorum as a majority of voting members. She asked if this included vacant seats. She said it is important that this be specified. Mr. Lane said this could and would be clarified. A voice vote resulted as follows: Ayes —12, Noes — 0, Excused — 3 (Representatives Joseph, Koplinka-Loehr, and Robertson). RESOLUTION ADOPTED. WHEREAS, the current membership of the Strategic Tourism Planning Board (STPB) is limited to specific categories, and the committee would benefit from the expertise from other areas that contribute to the tourism development program, but do not fit into the current specified categories for membership, and WHEREAS, the reason for such extension is to enjoy the benefit of experience that board members gain from serving on the STPB, now therefore be it RESOLVED, on recommendation of the Economic and Workforce Development Committee, That the bylaws for the STPB that were adopted by the Board of Representatives, on June 20, 2000, be amended as follows: Section 1. Appointment Procedure. a. Voting Members The STPB shall have 18 voting members, as follows: Two hotels/bed and breakfasts representatives Two representatives from the retail sector Two Recreation representatives (including agriculture) Two Culture representatives Two Arts representatives One Cornell University Representative One Ithaca College Representative Three Media/communications, industry, travel industry representatives Two At -large Representatives (approved by Res.272 of 2001) One Restaurant Representative b. Non -Voting Members The STPB shall have 2 6 non-voting members, from: The Board of Representatives Tompkins County Chamber of Commerce (or Convention and Visitors Bureau) Government Transportation Tompkins County Area Development Ithaca Downtown Partnership Community Arts Partnership RESOLVED, further, that the bylaws are changed so that the quorum requirements reflect a majority of membership present to vote, and shall read as follows: 68 February 19, 2002 Section 2. Quorum. An official meeting at which votes may be taken shall require that a quorum of the majority of voting members be in attendance. SEQR ACTION: TYPE 11-20 RESOLUTION NO. 30 - DESIGNATION OF PHYSICAL SPACE AND ASSIGNMENT OF NAME — SCIENCENTER EXPANSION PROJECT MOVED by Ms. Herrera, seconded by Mrs. Schuler, and unanimously adopted by voice vote by members present. WHEREAS, on November 20, 2001, Resolution No. 292, Funding of Tourism Development Grants — Sciencenter and Historic Ithaca — Budget Appropriation, provided a grant to the Sciencenter in the amount of $25,000 toward Phase III of the expansion of the Sciencenter, and WHEREAS, as a result of the grant the County of Tompkins is given the opportunity to select a designated physical area of the Sciencenter to be named as the County deems appropriate, now therefore be it RESOLVED, on recommendation of the Economic and Workforce Development Committee, That the area designated by the Sciencenter as the Resource Room is hereby chosen, and shall be named The People of Tompkins County Resource Room. SEQR ACTION: TYPE II -20 RESOLUTION NO. 31 - DESIGNATION OF INDIVIDUAL TO BE HONORED ON THE WALL OF INSPIRATION — SCIENCENTER EXPANSION PROJECT MOVED by Ms. Herrera, seconded by Ms. Blanchard. Ms. Kiefer said she voted against adding this to the agenda because she does not feel it is ready for Board action. She referred to the third Whereas which states the individual should have a tie to the Tompkins County area and said she feels the full Board should have agreed on this. She said because this involves someone in the science area, she would feel more comfortable if the Board had used the scientific expertise available in the community to generate a list of people that could be considered. She said this resolution lacks an explanation of how this candidate meets any of the criteria and feels language should be added that explains who this is and how the criteria were met. Mr. Proto agreed with Ms. Kiefer's comments and said he had intended to ask Ms. Skinner if she could put together a biography on the individual and distribute it to Board members and the media. He said it may even be helpful to distribute it to the schools. Mr. Booth asked if it would be possible if that biography be attached to the resolution. Ms. Kiefer clarified that she does not object to the individual, only the process that was followed. A voice vote resulted as follows: Ayes — 11; Noes — 1 (Representative Kiefer); Excused — 3 (Representatives Joseph, Koplinka-Loehr, and Robertson). RESOLUTION ADOPTED. WHEREAS, on November 20, 2001, Resolution No. 292, Funding of Tourism Development Grants — Sciencenter and Historic Ithaca — Budget Appropriation, provided a grant to the Sciencenter in the amount of $25,000 toward Phase III of the expansion of the Sciencenter, and WHEREAS, as a result of the grant the County of Tompkins is given the opportunity to select a designated individual to be selected as the County deems appropriate to be placed upon the Wall of Inspiration, located within the Sciencenter, and WHEREAS, after reviewing the numerous suggestions of individuals worthy of reviewing and possibly selecting for this honor, a consensus was reached that the individual should have a tie to the Tompkins County area, now therefore be it 69 February 19, 2002 RESOLVED, on recommendation of the Economic and Workforce Development Committee, That Mae Jemison is hereby selected as an individual who meets this criteria (biography attached) and is to be honored on the Wall of Inspiration at the Sciencenter, 601 First Street, Ithaca, New York. SEQR ACTION: TYPE II -20 Biographies of Mae Jemison An Encarta Encyclopedia Article Titled "Jemison, Mae" http://encarta.msn.com/fmd/Concise.asp?ti=0367B000 Jemison, Mae (1956 - ), American astronaut, who became the first African American woman to travel in space. Born on October 17, 1956, in Decatur, Alabama, Jemison moved to Chicago with her family when she was three years old. She received a bachelor's degree in chemical engineering from Stanford University in 1977 and graduated from Cornell University's medical school in 1981. Jemison served in the Peace Corps in West Africa from 1983 to 1985. Jemison joined the space program at the National Aeronautics and Space Administration (NASA) in 1987. In 1992 she embarked on a mission aboard the space shuttle Endeavor to study the effects of zero gravity on people and animals, becoming the first African American woman in space. In 1993 Jemison resigned from NASA and established the Jemison Group, a company that researches, develops, and markets advanced technologies. Cac tc e3Cgca3c:3cP:ggcgcgc acascgcgcgcgcgcgc gcgcIFcXacgcgcgcaSCa5CSc gcttca en.gc.scDScg An Article from the On -Line sight — National Women's Hall of Fame — www.greatwomen. org/profile.php?id=8 8 Mae Jemison (1956 - ) Medical doctor, engineer, astronaut — Mae Jemison's skills and expertise reflect a determined individual whose contributions to the nation and the world make a difference. Jemison, determined from childhood to explore space, became the first African-American woman in space when she traveled on the Endeavor on September 12, 1992. Earlier, Jemison spent several years as a Peace Corps physician in West Africa and opened a private practice in Los Angeles. After her space flight, Jemison took a leave from NASA to lecture and teach at Dartmouth College, focusing on space-age technology and developing nations. She says that space "is the birthright of everyone who is on this planet. We need to get every group of people in the world involved because it is something that eventually we in the world community are going to have to share." Jemison heads her own firm in Houston, and travels throughout the world. Jemison encourages women and minorities to enter scientific fields: "I want to make sure we all use our talent, not just 25 percent." In 1999 Jemison accepted appointment as the President's Council of Cornell Women Andrew D. White Professor -at -Large at Cornell University. Report from the Charter Review Committee Mr. Lane, Chairman, reported the Committee met and discussed the Weights and Measures Department and the Health Department. The Committee will meet again next week. Report from the Communications Capital Proiects Committee Ms. Blanchard, Chair, reported the Committee will meet on February 26th. She stated the Committee has had a very successful negotiation meeting with the Town of Ithaca and their legal counsel and engineering department on the agreements that need to be in place to move forward with the 911 center on South Hill. 70 February 19, 2002 Report from the Space Needs and Location Committee Mr. Lane, Vice Chair, reported the Committee met last week and received a presentation from the Consultant, MRB, on the Health Department's space needs. He said the engineers discussed several options that ranged from doing a complete rebuild on the location of the Health Department at Biggs B to finding another location. He said at the end of the presentation there were several questions and the Committee will continue this discussion on February 27th. Report from the Public Safety Building Planning Committee There was no report. Approval of Minutes of February 5, 2002 It was MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, to approve the minutes of the February 5, 2002 meeting as submitted. MINUTES APPROVED. Adjournment On motion the meeting adjourned at 7:00 p.m. 71 March 5, 2002 Regular Meeting Called to Order Chair Joseph called the meeting to order at 5:30 p.m. Pledge of Allegiance to Flag and Roll Call of Members Members and guests participated in the Pledge of Allegiance to the Flag. Present: 15 Representatives. Mr. Totman was excused at 7:03 p.m. following the report of the Health and Human Services Committee. Privilege of the Floor by the Public Fay Gougakis, City of Ithaca resident, spoke about the issue of jet skis on Cayuga Lake. She said there wasn't any action taken in regard to the concern she previously expressed to the Board and said it will soon be summer and the time when jet skis are used. She said for the last couple of years when she has visited the park, jet skis have not only made her afraid to swim, but have disrupted the park and polluted the air and water. She said she is putting statistics together from around the State which will include legislation that will address her concerns. She stated when she has this material gathered she will then present it to the Board. Mark Laurensen, Ithaca Road, said he is an architect who specializes in energy consumption and buildings. He commended the County for commissioning the Tompkins County Greenhouse Gas Emissions Inventory. Mr. Laurensen said it is important to know there are significant State funds available to help mitigate the waste of energy in buildings. He has spoken with Arel LeMaro (Tompkins County Facilities Director) and learned that the County's utilities bill is $1.9 million. He stated NYSERDA (New York State Energy Research Development Authority) has established significant funding to provide technical services to reduce the use of energy in buildings. There are two architects in town that go through buildings and figure out how to reduce consumption. Mr. Laurensen said the initial scope is written to determine what actions might take place, and a thorough report is written on a cost benefit analysis. He said there are also rebates available for equipment that is retrofitted into buildings. He said it is important the Board know the opportunities exist and that there are local resources available who are leaders throughout the country. Steve Nicholson, Chair of the Education Committee of the EMC and the Town of Caroline representative for the EMC (Environmental Management Council), said he traveled to Seattle to represent Tompkins County at the national training workshop for the Cities for Climate Protection. Mr. Nicholson thanked the Board for allowing him an opportunity to attend this inspiring and very well -attended conference; there were more than 60 elected officials among the more than 200 attendees. Mr. Nicholson said Tompkins County has accomplished the first milestone, which was to conduct an emissions inventory, the County was given an award for its excellent Emissions Inventory report; he presented the trophy for this to Chair Joseph. Mr. Nicholson said he received a great deal of information and would be happy to present this to the Planning Committee. John Dember of the Energy Plus Coop Development Project expressed support for the possible implementation of an action plan based on Tompkins County Greenhouse Gas Emissions Inventory. Mr. Dember said he thinks it is important and appropriate that Tompkins County become part of a movement like this. 72 March 5, 2002 Privilege of the Floor by Board Members Mr. Penniman, District No. 15 Representative, said it is great to see so much interest in the Greenhouse Gas Emission Study. He clarified that Tompkins County did send Mr. Nicholson to Seattle; however, the International Council for Local Environmental Initiatives paid a great deal of the cost. Mr. Penniman also spoke of sales tax in the City and confusion surrounding the elimination of sales tax. He said he is a vendor and received a notice last week letting him know what the current situation is. Mr. Proto, District No. 7 Representative, said at the last meeting the Town of Dryden Supervisor addressed the Board about the need to study bus service for Ellis Hollow. Mr. Proto reported a representative from the Dryden Town Board attended the TCAT Board meeting last week. The TCAT Operations Committee will be reviewing information that was presented and studying the possibility of extending bus service along that route. Mr. Proto announced bus service will also be extended into Ludlowville this summer. Mr. Proto said this Board established funding for the Danby Agriculture, Horticulture, and Environmental Academy in conjunction with BOCES and the Ithaca City School District. He announced they were successful in receiving the second $50,000 grant, and the first official course entitled Agriculture and the Environment is now being put together. It will deal with English, economics, and participation in government, integrated with advanced topics in agriculture and the environment. It will be open to seniors and should be open in September. Ms. McBean, District No. 2 Representative, announced Marcia Fort, a local resident, will be presented with the Second Annual Harriet Tubman Humanitarian Award this weekend in Albany. She said Ms. Fort has done wonderful things in this community and is being recognized for her work. She encouraged Board members to contact Ms. Fort and congratulate her. Ms. McBean referred to a news article in today's Ithaca Journal and said it is exciting to learn how much influence the neighbors and Northside residents had in the Department of Environmental Conservation's testing for coal tar. She said this has been an ongoing problem since 1973. She stated these neighbors are not letting this issue rest and moving forward with demanding something be done about the situation to have the site cleaned up. Ms. Robertson, District No. 13 Representative, spoke on behalf of Representative Schuler, who has laryngitis. She stated on February 14 at the Human Services Coalition Annual Meeting the Department of Social Services was honored with the Ruth Pettengill Award. Mrs. Schuler also attended a press conference and awards ceremony on February 15 during National Child Passenger Safety Week. Several local businesses were awarded certificates for partnering in this initiative; Bill Cooke Dealership, WHCU, the Ithaca Journal, Ithaca Times, Newscenter 7, and three members of the Sheriff's Department were honored. Ms. Robertson said she had an opportunity to attend a Cornell Cooperative Extension program in Liverpool, New York, on February 11. She has given material on the Becker Forum called "Where the Field Meets the Road — Communities on the Agricultural Urban Interface" to the Planning Commissioner and Planning Committee. She said she found it very interesting and heard people from around New York State talking about issues and challenges where farming communities are up against residential communities, and how urban and suburban sprawl affects farming. She said she was impressed by how many people from Tompkins County were presenters at the conference. Mr. Booth, District No. 3 Representative, thanked Fay Gougakis for bringing the issue of jet skis forward, and said it will be an issue that we hear more about as time moves forward. Mr. Booth said he is also very encouraged by the comments about global warming. He said statistics in this State have shown that older buildings use a very large percentage of our energy and there is a substantial energy savings that can be realized in existing buildings. 73 March 5, 2002 Ms. Kiefer, District No. 11 Representative, said the issue of jet skis has been raised as a possible work topic at the Water Resources Council. She said it has not been formally adopted, however, at least two members of the Water Resources Council have taken it upon themselves to gather information on the subject. Ms. Kiefer said she believes the law Ms. Gougakis referenced gives authority to towns, cities, and villages, but not counties. She stated the County is a good place to compile the information and offer it to the municipalities. Ms. Kiefer also spoke on behalf of Representative Schuler, referring to the comments made by Mr. Proto and asked how students would be transported to the Danby School. Mr. Proto responded the class would not be held at the Danby School. Students will likely be transported to another location via school bus. Mr. Lane, District No. 14 Representative, announced he attended the Annual Chili Cook -off held this past weekend on the Ithaca Commons. He said it is local celebrations such as this that add to the quality of life in the community. Report by Town Supervisor Mr. Donald Barber, Town of Caroline Supervisor, read the following statement: A thought from the Indian philosopher, Krishnamutri: "I do not know if you have ever examined how you listen, it doesn't matter to what, whether a bird, to the wind... to the rushing waters...in a dialogue with yourself...if we try to listen we find it extraordinarily difficult, because we always are projecting our opinions and ideas, our prejudices, our background, our inclinations, our impulses: when they dominate we hardly listen to what is being said... One listens and therefore learns, only in a state of attention, a state of silence, in which the whole background is in abeyance, is quiet: then it seems to me it is possible to communicate. "I wanted to take my opportunity to address this board by talking about the process of communication between governing bodies in Tompkins County and creating opportunities where we can listen in the manner described by Kristnamutri. It is an understatement that there is room for improvement. I think that we need to adjust our process of communication because we are often not really listening because our head is already full of our opinions and prejudices. I plan to make a proposal to change the communication process that will require work, but I hope you will consider it. Before that, I want to thank Tim Joseph for working with Cathy Valentino to establish this opportunity for supervisors and mayors to communicate with the County Board. "When Cathy spoke before you, she suggested a committee to reestablish a county -wide planning federation. I want to say for the record that I support this initiative. Last summer a few of us worked on creating opportunities for communication, but interest waned when elections became the focus of our attention. I will offer that if there is an interest to develop a "Council of Governments", whose purpose is to foster communication between individuals and explore immediate and long range issues, then I will commit to putting my energy into making it work. Like Cathy, I would like to find ways to have the local and county legislators working together. "Since we all volunteered for public service, changing the way we communicate is within our control. I brought these two cans on a string to help demonstrate the basics of communication. In order to communicate, two people need to cooperate, by pulling equally to make the line tight. Then each has to alternately concentrate on listening and speaking clearly. Since talking is not a problem for us, how do we set up situations where we can truly listen in the manner described by Krishnamutri and cooperate equally in the communication process? I suggest that by starting out together we have the best chance to have open, clear communication. If we can start on issues together, then no one gets a head start at drawing lines in the sand or having concrete set up around their feet. What do I mean by starting out 74 March 5, 2002 together? For example, lets say the County's Highway staff wants to upgrade a highway or bridge in Caroline. When the idea is first introduced to the County Board's Public Works Committee, the Supervisor and Highway Superintendent of Caroline need to be offered the opportunity to be present at this first meeting. If the idea being proposed, by staff, causes concern by any elected official, everyone hears it at the same time. Since no elected official has a preconceived idea (prejudice) about how the project should be carried out or its merits, then everyone has a better chance of listening and by pulling equally on the string. In that format, we can work together for a compromise that mitigates those concerns. "The change in process that I am proposing is that: it become policy for County staff to invite the appropriate municipal officials to all meetings on topics that could affect them. This little step is the "work" I was talking about, and would go a long way to improving communication. I suspect that some may feel that inviting some municipal officials to possibly every County Committee would slow down the progress of County Government. While this could happen, I have worked with both County and municipal officers over the years and all of us want what is best for our constituents. Turf battles usually rise when someone feels that they have not been heard. My sense is that an issue causing concern that slows down the process at the early stage would have developed into a major problem anyway. By working together at the initial stage, municipal officials may have ideas on ways to make the project go smoother. Can we ever err by communicating too much? I hope you will give this idea serious consideration. I look forward to addressing you again in this constructive forum about specific issues of importance to my constituents in Caroline and rural Tompkins County. Thank you." There was a brief discussion about notifying municipalities about Board and committee agendas when there may be items of interest to them. It was stated that all County government meetings are open to the public and agendas are available to anyone. Mr. Joseph summarized the discussion and said what he hears being asked is that information not just be made available, but that there be a special effort made by County staff, committee chairs, and administration, to notice when an item is coming up that would be of interest to a municipality and to notify them. He said this is a reasonable request and hopes people will make an effort to do that. Mr. Proto asked that municipalities try to do the same thing for the County. Presentation on Results from the Tompkins County Greenhouse Gas Emissions Inventory Mr. Penniman, Chairman for last year's the Planning Committee, introduced Gwen Fay, Capital Program Intern for County Administration. Ms. Fay provided the Board with the following presentation on the results of the Tompkins County Greenhouse Gas Emissions Inventory, for which she was the ICLEI-funded intern last year: Tompkins County Greenhouse Gas Emissions Inventory By Gwen Fay, Cities for Climate Protection Tompkins County Intern The potential Benefits to Tompkins County include: • Saves taxpayer money • Improves air quality and public health • Improves livability in the community The Inventory Process Building a good base: 75 March 5, 2002 • Community Inventory: activities in residential, commercial, industrial, transportation, waste, and agriculture sectors in the Tompkins County. • Government Inventory: County buildings, fleets, and operations. Forecasting the Future: • Forecast year 2020 • Estimation of expected changes in electricity, fuel use, and waste production in all community sectors • Assume no change in County operations Quantifying Techniques • CCP Software Automated conversions and emissions coefficients translate energy consumption (e.g. gasoline, propane) into GHG emissions Planning tool • Units of Equivalent Carbon Dioxide (eCO2) Common unit that allows each GHG to be weighted according to its contribution to global warming Example: 310 tons of nitrous oxide = 1 ton CO2 21 tons CO2 = 1 ton methane Emissions Inventory Results 1998 Community GHG Emissions Total Emissions: 1,223,432 tons eCO2 12.7 tons eCO2 per capita Transportation - 53% Residential - 17% Agriculture - 2% Commercial 22% Industrial - 6% Transportation Sector: Breakdown by vehicle type: Personal vehicle - 87% Commercial Vehicle - 11% Passenger Bus - 2% Commercial Sector: Total Emissions: 270,277 tons eCO2 (Includes all publicly -owned buildings, large residential units, and educational facilities). Electricity - 97% Natural Gas - 2% Heating Oil - 1% 76 March 5, 2002 Residential Sector: Total 270,277 tons eCO2, 16.9% of all community emissions. With 36,420 households in Tompkins County in 1998, each home released an average of 7.42 tons eCO2. Electricity - 63% Heating Oil - 20% Natural Gas - 7% Propane - 10% Community Emissions by Energy Source Gasoline and diesel fuel use combined account for half of all emissions in Tompkins County. 22 Years Later... Tompkins County in 2020: • Total Community emissions: 1,264,120 tons eCO2 • Increase of 3.3% from 1998 • Increase comes entirely from the transportation sector Growth by Sector Energy use in all sectors increases, buy emissions in most sectors lower. Transportation: increase of 7.7% Commercial: decrease of 1.05% Residential: decrease of 1.08% Industrial: decrease of 1.19% Agricultural: decrease of 7.6% Recycling Success In 1998: • 45,007 tons recovered • 42% of all waste generated in County • reduces emissions by 100,248 tons eCO2 Emissions Inventory Results 1998 Tompkins County Government GHG Emissions Total Emissions from Tompkins County Government Operations: 6,849 tons eCO2. Building energy use - 89% Vehicle Fleet - 11% County Buildings in Detail Tons eCO2 per thousand square feet: Airport Terminal - 31.4 Public Safety - 17.9 77 March 5, 2002 Human Services - 14.6 DMV - 12.4 Former Library - 12.1 Annex Building - 12.1 Courthouse Building - 10.8 Mental Health - 9.9 BiggsB-9.5 Biggs A - 5.1 What Now? Recommended CCP Milestones: 1. Conduct a GHG emissions analysis and inventory 2. Set a reduction target 3. Develop a Local Action Plan 4. Implement the Local Action Plan 5. Monitor progress and report results 115 United States Cities and Counties participate in CCP. • 60 have completed greenhouse gas emissions inventories • 25 have developed a Local Action Plan aimed at reducing emissions • Actions for government operations: - State of Massachusetts • Actions for communities: - Saint Paul, MN The Board briefly discussed the presentation and asked questions of Ms. Fay. She was commended and thanked for the hard work she has put into this project. Chair's Report Mr. Joseph said all Board members should have received a notice of the rescheduled Vital Communities Workshop. It has been rescheduled for March 19, 2002 at 3:30 p.m. Report from the County Administrator Mr. Whicher spoke of Jay Franklin's comments at the last Board meeting regarding the approximately 1,500 people who had submitted an application for their property tax exemptions. Mr. Franklin has informed him that the Assessment Department has been very successful in following up on people who had not done this and feel they have been able reach almost all of these individuals. Mr. Whicher also reported on the new Electronic Data Management System in the County Clerk's Office and said it is 90 percent complete and fully operational. He said this is a State-of-the-art system and a good model for what is going to happen throughout the County and encouraged Board members to visit the County Clerk's Office and tour the system. He thanked Representative Proto and the State Archives and Records Administration for obtaining funds for this project. 78 March 5, 2002 Report from the County Attorney Mr. Wood reported on three recent news articles. In regard to sales tax, Mr. Wood stated the County properly filed the local law with the State and received written approval for the removal of sales tax on clothing and footwear and this has gone into effect. Mr. Wood said there were also news articles written about two litigation cases. He believes the case of Tracy vs. Freshwater will not be upheld in court. The other involves a personnel matter at the Public Safety Building in which he feels the complainant has no legal claim against the County, despite what has been reported in the press. Report from the Finance Director Mr. Squires had no report. Resolution(s) Added to the Agenda It was MOVED by Mr. Penniman, seconded by Mr. Proto, and unanimously adopted by voice vote, to add the resolution entitled Appropriation from Contingent Fund and Budget Adjustment - AIDS Work - Community Health Services to the agenda. Resolution(s) Withdrawn from the Agenda There were no resolution(s) withdrawn from the agenda. Approval of Resolution(s) Under the Consent Agenda It was MOVED by Mr. Proto, seconded by Mr. Totman, and unanimously adopted by voice vote to approve the following resolutions under the Consent Agenda: RESOLUTION NO. 32 - AUTHORIZATION TO EXECUTE SUPPLEMENTAL FUNDING AGREEMENT WITH NEW YORK STATE DEPARTMENT OF TRANSPORTATION — BROOKTONDALE BRIDGES DESIGN MOVED by Mr. Proto, seconded by Mr. Totman, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, a Project for the `Brooktondale Bridges" over Six -Mile Creek, P.I.N. 375319, (replacement of BIN 3314100, Lounsberry Road Bridge, and rehabilitation BIN 1045990, Valley Road Bridge), in the Town of Caroline, (the Project), is eligible for funding under Title 23 United States Code, as amended, that calls for the apportionment of the costs of such program to be borne at the ratio of eighty percent Federal funds and twenty percent non -Federal funds, and WHEREAS, the County of Tompkins desires to advance the project by making a commitment of one hundred percent of the non -Federal share of the costs of Scoping, Design (Phases I -VI), and Right -of - Way Incidentals and then file for reimbursement of eligible costs as required by the New York State Department of Transportation, and WHEREAS, Resolution No. 248 of 1999 authorized execution of an agreement between Tompkins County and the New York State Department of Transportation (NYSDOT) regarding administration and Federal and State funding of Scoping, Design (Phases I — VI), and Right -of -Way Incidentals, now therefore be it RESOLVED, on recommendation of the Public Works 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 one hundred percent (100%) of the Federal and non -Federal share of the costs of Scoping, Design (Phases I — VI), and Right -of -Way Incidentals work for the subject Project or portions thereof, 79 March 5, 2002 RESOLVED, further, That the total sum of $226,000 is hereby made available within HZ5103.53.07, Brooktondale Bridges Capital Account, to cover the cost of participation in the Scoping, Design (Phases I — VI), and Right -of -Way Incidentals 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 Tompkins County 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 the Tompkins County Highway Manager or designee be and hereby is authorized to execute all necessary Agreements, certifications, and 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 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 therefore 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 Project, RESOLVED, further, That this resolution shall take effective immediately. SEQR ACTION: TYPE II -20 RESOLUTION NO. 33 - AUTHORIZATION TO EXECUTE SUPPLEMENTAL FUNDING AGREEMENT WITH NEW YORK STATE DEPARTMENT OF TRANSPORTATION — CORTLAND-McLEAN ROAD DESIGN MOVED by Mr. Proto, seconded by Mr. Totman, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, a Project for the CR105, McLean -Cortland Road Highway and Bridge Reconstruction, P.I.N. 375241, in the Town of Groton, (the Project), is eligible for funding under Title 23 United States Code, as amended, that calls for the apportionment of the costs of such program to be borne at the ratio of eighty percent Federal funds and twenty percent non -Federal funds, and WHEREAS, the County of Tompkins desires to advance the project by making a commitment of one hundred percent of the non -Federal share of the costs of Scoping, Design (Phases I -VI), and Right -of - Way Incidentals and then file for reimbursement of eligible costs as required by the New York State Department of Transportation, and WHEREAS, Resolution No. 164 of 1997 authorized execution of an agreement between Tompkins County and the New York State Department of Transportation (NYSDOT) regarding administration and Federal and State funding of Scoping, Design (Phases I — VI), and Right -of -Way Incidentals, now therefore be it RESOLVED, on recommendation of the Public Works 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 one hundred percent (100%) of the Federal and non -Federal share of the costs of Scoping, Design (Phases I — VI), and Right -of -Way Incidentals work for the subject Project or portions thereof, RESOLVED, further, That the total sum of $390,000 is hereby made available within HZ5103.53.02, McLean Road Capital Account, to cover the cost of participation in the Scoping, Design (Phases I — VI), and Right -of -Way Incidentals 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 Tompkins County 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 the Tompkins County Highway Manager or designee be and hereby is authorized to execute all necessary Agreements, certifications, and reimbursement requests for Federal 80 March 5, 2002 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 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 therefore 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 effective immediately. SEQR ACTION: TYPE 1I-20 RESOLUTION NO. 34 - AUTHORIZATION TO EXECUTE MARCHISELLI FUNDING AGREEMENT WITH NEW YORK STATE DEPARTMENT OF TRANSPORTATION — BRIDGE PAINTING (CONSTRUCTION PHASE) MOVED by Mr. Proto, seconded by Mr. Totman, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, a Project for Tompkins County Bridge Painting P.I.N. 375323, (the Project), is eligible for funding under Title 23 United States Code, as amended, that calls for the apportionment of the costs of such program to be borne at the ratio of eighty percent Federal funds and twenty percent non - Federal funds, and WHEREAS, Resolution No. 187 adopted on August 7, 2001 authorized execution of an agreement with the New York State Department of Transportation regarding administration and Federal funding of Construction, Construction Inspection and Supervision, and WHEREAS, the County of Tompkins desires to advance the above project by making a commitment of one hundred percent of the non -Federal share of the costs of Construction, Construction Inspection and Supervision and then file for reimbursement of eligible costs as required by the New York State Department of Transportation, now therefore be it RESOLVED, on recommendation of the Public Works 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 one hundred percent (100%) of the Federal and non -Federal share of the costs of Construction, Construction Inspection and Supervision work for the subject Project or portions thereof, RESOLVED, further, That the sum of $321,587 is hereby made available within Account D5111.54411, Road/Bridge Contracts, to cover the cost of participation in the Construction, Construction Inspection and Supervision 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 Tompkins County 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 the Tompkins County Highway Manager or designee be and hereby is authorized to execute all necessary Agreements, certifications, and 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 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 therefore 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 Project, RESOLVED, further, That this resolution shall take effect immediately. 81 SEQR ACTION: TYPE II -1 March 5, 2002 Approval of Appointment(s) Under the Consent Agenda It was MOVED by Mr. Proto, seconded by Mr. Totman, and unanimously adopted by voice vote to approve the following appointment(s) under the Consent Agenda: Tompkins County Youth Board Mary Owens — Town of Enfield Representative — term to expire December 31, 2004 Water Resources Council Craig Schutt — Soil and Water Conservation District Representative — term to expire December 31, 2004 Molly Adams — Watershed Organization Representative — term to expire December 31, 2003 Martha Armstrong — Economic Development — term to expire December 31, 2004 David R. Bouldin — At -Large Representative — term to expire December 31, 2004 Stephen P. Colt — Recreation Representative — term to expire December 31, 2004 Roxanne L. Johnston — Water Purveyor Representative — term to expire December 31, 2004 Report from the Public Safety Committee Mr. Totman, Vice Chairman, reported the Committee met on February 7 and conducted routine business. The next meeting will be March 7th at 2 p.m. At 3 p.m. at that meeting, Albert Long, General Manager of Midstate, will be in attendance to discuss the current condition and status of the communications system. Report from the Health and Human Services Committee Mr. Winch, Chairman, reported the Committee has not met since the last Board meeting. He said he has had several opportunities to meet with various agencies and departments to discuss the upcoming budget. Representative Totman was excused at 7:03 p.m. Report and Presentation of Resolution(s) from the Budget and Capital Committee Mr. Penniman, Chairman, reported the Committee met last week and spent a great deal of time discussing mandated programs in the County budget. They heard reports from the Department of Social Services about mandates and programs that are driving up costs in that Department. There was also discussion about the financial impact on the new PINS (Persons In Need of Supervision) legislation that will go into effect on July 1, 2002. He stated it is too early to predict what the budget implications of that new legislation will be. Mr. Penniman reported the Committee spent time looking at the 2003 budget and will be continuing discussion of one-time programs, mandated programs, and capital programs at the next meeting on March 12 at 2 p.m. RESOLUTION NO. 35 - APPROPRIATION FROM CONTINGENT FUND AND BUDGET ADJUSTMENT — AIDS WORK — COMMUNITY HEALTH SERVICES — HEALTH DEPARTMENT MOVED by Mr. Penniman, seconded by Mr. Proto. Mr. Winch said he cannot support this resolution. He views this as a moral issue about exchanging needles amongst members of the community and cannot support it. Ms. Robertson spoke as a past board member of AIDS Work for Tompkins County whose work focuses on harm reduction. She 82 March 5, 2002 said she understands it is not an easy thing to support, however, this needle exchange program is about making intravenous drug use do less harm than it already does. She said intravenous drug use is now the leading cause of new HIV infections and this program will not only provide people with clean needles, but will introduce them to the service delivery system. She stated AIDS Work has been working for a long time and finally got permission from the state to enable them to do this. She urged support for this and said she feels it is an extremely worthwhile program. Mr. Proto spoke in support of this program and said as uncomfortable as it may seem, it is not a promotion for drug use. In order to get the attention of those who are involved there needs to be an effort made to educate them. He said it is unusual for him to support this type of concept; however he feels an effort needs to be made to reach out to these individuals and show the County is trying to address a community -wide problem. He noted that support for this program is not support for drug use. A roll call vote resulted as follows: Ayes — 12, Noes - 2 (Representatives Winch and Todd); Excused - 1 (Representative Totman). RESOLUTION ADOPTED. WHEREAS, AIDS Work, Inc., of Tompkins County has applied to the New York State Department of Health and has received approval to operate a syringe exchange program, and WHEREAS, this program is consistent with the harm reduction activities as set forth in AIDS Work's agreement with the Health Department, and WHEREAS, $6,500 was set aside in the 2001 Contingent Fund but not appropriated to assist with the implementation of the program, now therefore be it RESOLVED, on recommendation of the Health and Human Services and Budget and Capital Committees, That the Director of Finance is hereby authorized and directed to make the following budget adjustment and appropriation: BUDGET APPROPRIATION: FROM: A1990.54440 TO: A4016.54442 BUDGET ADJUSTMENT: APPROPRIATION: A4016.54442 REVENUE: A4095.43401 SEQR ACTION: TYPE II -20 Contingent Fund $6,500 Professional Services Fees $6,500 Professional Services Fees $3,500 Public Health State Aid $3,500 Report and Presentation of Resolution (s) from the Public Works Committee Ms. Blanchard, Chair, reported the Committee met on February 21 and discussed many items. The Committee approved filling the position of Airport Technician/Firefighter Trainee. Capital projects were discussed, including the general aviation ramp expansion. That project is moving forward; however, some contaminated soil was found in the area. The engineers are designing a cell to remediate that soil and treat it on-site. Ms. Blanchard said the jet passenger boarding bridge will be replaced with one that will be able to accommodate a wider variety of aircraft. The runway lighting rehabilitation is also complete. Ms. Blanchard reported the Highway Division presented a monthly expenditure plan and a CHIPS funding update. With the uncertainty of the funding, the Committee will be getting an update from the Highway Division every month. At this time there is enough funding in other budget lines to continue doing work until June 1st at which time they hope to have more information on the status of that funding. Ms. Blanchard said there has been some juggling of federally aided road and bridge projects to reflect more realistic time schedules and a memorandum has been prepared for County representatives and municipalities that describes all of those changes and whose jurisdictions may be affected. 83 ---'7.777--',5-7;7"-1:' March 5, 2002 Ms. Blanchard reported the Solid Waste Division was given the approval to explore current options for transportation and disposal of solid waste through a bid process because the current contract expires on April 30. The next Committee meeting will be March 21 at 9 a.m. RESOLUTION NO. 36 - AUTHORIZATION OF NEW YORK STATE DEDICATED TRANSPORTATION TRUST FUND CAPITAL PROJECT SUPPLEMENTAL AGREEMENT #4 — TOMPKINS CONSOLIDATED AREA TRANSIT MOVED by Ms. Blanchard, seconded by Mr. Proto. Ms. Kiefer said she abstained from voting on this at the Committee level because information was not available on what the money was going to pay for. She said she has always expressed concern about purchasing diesel busses, new or used. Ms. Blanchard said this grant includes several things, including money for preventive maintenance, shop equipment, equipment support, data processing support, two support vehicles, some rehabilitation to the facility and a replacement of a bus washer, display signs, passenger shelters, additional shop equipment, bus route signs, short term transit planning, six 40 -foot low -floor diesel busses and two 40 -foot electric combination busses, and part of the trolley that was previously purchased. A voice vote resulted as follows: Ayes — 13; Noes — 1 (Representative Kiefer); Excused - 1 (Representative Totman). RESOLUTION ADOPTED. WHEREAS, pursuant to State Finance Law Section 89-c, the New York State Legislature authorizes mass transportation grants for capital projects that are funded with ten percent up to one hundred percent State funding, and WHEREAS, Tompkins County executed a Master Agreement with the New York State Department of Transportation to simplify the process of State reimbursement of expenses for transit capital projects (County Resolution No. 196 of 1999), and WHEREAS, the New York State Department of Transportation has authorized Supplemental Agreement #4 for $632,666 plus an additional $432,226 in State funds to fund prior and current transit projects by Tompkins Consolidated Area Transit, now therefore be it RESOLVED, on recommendation of the Public Works Committee, That the Tompkins County Board of Representatives authorizes Supplemental Agreement #4 of the Master Agreement for New York State Dedicated Transportation Trust Funds for a total of $1,064,892. SEQR ACTION: TYPE II -20 RESOLUTION NO. 37 - APPROVAL OF PROJECT AND MAKING A NEGATIVE DETERMINATION OF ENVIRONMENTAL SIGNIFICANCE - RUNWAY 32 (APPROACH END) OBSTRUCTION CLEARANCE — ITHACA TOMPKINS REGIONAL AIRPORT MOVED by Ms. Blanchard, seconded by Mr. Winch. A voice vote resulted as follows: Ayes - 14, Noes - 0, Excused - 1 (Representative Totman). RESOLUTION ADOPTED. WHEREAS, on the 191 day of September, 2001, the County Board of Representatives did approve the award of bid for Old Terminal Ramp Rehabilitation to Suit-Kote, of Cortland, New York, in the amount of $566,795.00, and WHEREAS, the contract price of $566,795.00 includes an amount of $18,550.00 for Obstruction Clearance in that Runway Protection Zone (RPZ) at the Approach End of Runway 32, and WHEREAS, the RPZ includes approximately three acres of a mature wet forest adjacent to Unique Natural Area 106 (Sapsucker Woods), and WHEREAS, action on the Obstruction Clearance Project was delayed pending completion of environmental review and satisfactory compliance with SEQR for this Unlisted Action, and 84 March 5, 2002 WHEREAS, a Full Environmental Assessment Form (FEAF) has been completed and various alternatives have been analyzed, ranging from clear cutting to no action, and WHEREAS, a preferred alternative, proposed action has been identified --consisting of a combination of selective cutting and selective topping of specific trees, work to be carried out before nesting season --that meets the project goals and mitigates impact to the project area and its environs, now therefore be it RESOLVED, on recommendation of the Public Works Committee, That the Obstruction Clearance project is approved for implementation, RESOLVED, further, That the Obstruction Clearance project is an Unlisted Action, RESOLVED, further, That the Board of Representatives hereby makes a negative determination of environmental significance with regard to the proposed action as outlined in the FEAF. SEQR ACTION: UNLISTED (Full Environmental Assessment Form on file in the Board Office Report and Presentation of Resolution(s) from the Planning Committee Ms. Kiefer, Chair, reported the Committee met on February 21 and had an extensive agenda. She said among other parts of the EMC report presented at that meeting, it was interesting to learn that five members of the EMC were part of the environmental review of the airport obstruction clearance project that was just passed. Ms. Kiefer reported Susan Brock, EMC Chair, went to Owego to make a presentation on what our EMC does because Tioga County is considering establishing an EMC. Ms. Kiefer said one resolution on this evening's agenda in regard to seismic testing received a fair amount of discussion at the meeting. Ms. Kiefer said there seems to be a difference in opinion amongst County staff, EMC, and Committee members whether there should be County land leased for oil and gas drilling and whether there should be surface or subsurface activity allowed. Discussion on this will continue at the next meeting. She said a major portion of the meeting was devoted to the County's Waterfront Revitalization Plan update. The final draft was presented to the Committee and it will also be presented to municipalities on March 16 at 10 a.m. at the Women's Community Building. If the six involved municipalities, the County, and the involved State agencies all agree and if the municipalities adopt the plan, it will go on to the State and will become part of State policy. This will mean that projects that the State does will need to be consistent with the Plan and we will be eligible for grants. She said County Board members are encouraged to review the plan. There are a couple of proposed projects contained in the plan that the County will be responsible for in some manner, including the Department of Transportation site and open space planning in the County. Ms. Kiefer announced comments on the plan are due by March 20. Ms. Kiefer said Madison Wright who is the County's representative on the Resource, Conservation, and Development Board, provided the Committee with a report on the kind of work that Board does. There was also a presentation from the Soil and Water Conservation District Manager. Mr. Lane asked about the Aquifer Study and how this capital project will be moved forward. Ms. Kiefer said they are working to develop the best possible timeline. The next step is to meet with the USGS to try to get a more detailed sense of what options the USGS could provide Tompkins County. She said the County needs to get a more detailed sense of what options USGS could provide and what level of detail the County can afford. She said she does not want to lose sight of the fact that the Towns of Dryden and Caroline want to move forward with USGS but she does not think it would be responsible for the County to try to develop a formula that could be applied on a County -wide basis without more specific information. Mr. Winch said he hopes there will be an overall master plan for the work that needs to be done by the Water Resources Council. He said he does not have a problem with municipalities wanting to join 85 March 5, 2002 forces with the County to get work done, however, it needs to be in the County's overall master plan and done systematically. RESOLUTION NO. 38 - AUTHORIZING SUBMITTAL OF 2002 SMALL CITIES COMMUNITY BLOCK GRANT PROGRAM APPLICATION TO CONTINUE THE TOMPKINS COUNTY HOMEOWNERSHIP PROGRAM (VI) MOVED by Ms. Kiefer, seconded by Mr. Penniman, and unanimously adopted by voice vote by members present. WHEREAS, Tompkins County has completed a process of investigation in its community to determine community development needs for the current year, and WHEREAS, the Small Cities Community Development Block Grant program is an important source of funding to address community development objectives in the County, and WHEREAS, the Tompkins County Homeownership Program has been funded through five separate Community Development Block Grants since 1993, and has proven to be very successful in meeting an important community development need in the County, now therefore be it RESOLVED, on recommendation of the Planning Committee, That Tompkins County is hereby authorized to apply for funding in the 2002 round of Small Cities Community Development Block Grant funding for the Tompkins County Home Ownership Program (VI), RESOLVED, further, That the County Administrator or his designee be authorized to sign all documents related to the submission of the Small Cities Community Development Block Grant application and any materials required by the Governor's Office for Small Cities. SEQR ACTION: TYPE 11-20 RESOLUTION NO. 39 - AUTHORIZING THE COUNTY ADMINISTRATOR TO ENTER INTO AN AGREEMENT PERMITTING PHILLIPS PRODUCTION COMPANY TO CONDUCT ONE-TIME SEISMIC TESTING ON COUNTY LANDS LOCATED IN THE TOWN OF NEWFIELD ON CHAFFEE CREEK ROAD (TAX PARCEL NO. 24.-1-15) MOVED by Ms. Kiefer, seconded by Ms. Blanchard, and unanimously adopted by voice vote by members present. WHEREAS, the County has been approached by Phillips Production Company for permission to conduct one time seismic testing on land owned by the County located in the Town of Newfield, bordering Chaffee, Creek Road, being Tax Parcel No. 24-1-15, and WHEREAS, said lands are reforestry lands, being 100.46 acres, which pursuant to County Law §219 may be developed for oil or gas retrieval, and WHEREAS, the County wishes to allow energy development while also protecting the environment, now therefore be it RESOLVED, on recommendation of the Planning Committee, That the County Administrator is authorized to negotiate and enter into an Agreement authorizing Phillips Production Company to conduct seismic testing on County land in the Town of Newfield bordering Chaffee Creek Road, being Tax Parcel No. 24-1-15. SEQR ACTION: TYPE II -18 RESOLUTION NO. 40 - AMENDING WATER RESOURCES COUNCIL BYLAWS MOVED by Ms. Kiefer, seconded by Mr. Proto, and unanimously adopted by voice vote by members present. 86 March 5, 2002 WHEREAS, the restructured Water Resources Council was established by Resolution No. 57 of 2000, and WHEREAS, the aforementioned resolution called for the Water Resources Council to submit an Annual Report each year to the appropriate governing body, and WHEREAS, the Water Resources Council has requested a change of the March deadline to one month later so as to include the Water Quality Strategy Plan update, its goals and objectives therein, now therefore be it RESOLVED, on recommendation of the Planning Committee, That Article 6, second paragraph of the Water Resources Council bylaws as included in Resolution No. 57 of 2000 be amended to read: "The Council shall also submit an annual report to the appropriate committee of the Board of Representatives no later than the 1st day of April of each year, concerning the activities and work of the Council, and from time to time shall submit such other reports and recommendations as are necessary to fulfill the purposes of this resolution." SEQR ACTION: TYPE II -20 Report from the Government Operations Committee Mr. Koplinka-Loehr, Chairman, reported the Committee has not met since the last Board meeting. The next meeting will be March 1261 at 11:30 a.m. Report from the Economic and Workforce Development Committee Mr. Lane, Chairman, reported the Committee has not met since the last Board meeting. However, a subcommittee has been working with the Committee and the City of Ithaca on ground rules for the proposed Joint Task Force on some of the ideas and resolutions that have been proposed by the Common Good Coalition. Information Technology Services Policy Committee Mr. Winch, Chairman, reported the Committee met on February 20 and reviewed with Greg Potter, Director of Information Technology Services, information that came from last year's Information Management Committee. He said they had been working on service -level agreement that will be used for documenting policies, procedures and guidelines. There was also discussion of long-range planning, including capital projects. Mr. Winch said the Information Technology Services Department needs to be involved in the review of capital projects because frequently there are computer networks that need to be installed as a result of those projects. He stated another goal for the coming year is the development and implementation of a long-range network upgrade. Mr. Potter has also expressed a desire to have a personnel program for training and recognition for employees of that department. Report from the Charter Review Committee Mr. Lane, Chairman, reported the Committee met on February 271 and spent time talking with the Commissioner of Social Services and the County Attorney about the issue of placing the attorneys in the Social Services Department in the County Attorney's Department. He said for some time the question has been out there about whether they should report directly to the County Attorney. Presently, the Commissioner of Social Services appoints and supervises the Social Services attorneys. The Government Operations, by a split vote, recommended that the system should be maintained as it is. Mr. Lane said the Charter Review Committee also had a split vote and did not take action to change the current structure. Mr. Lane said the Committee also discussed the section of the Charter that relates to the Board of Elections. At the next meeting on March 13 the Committee will discuss the District Attorney and the County Clerk's Department. 87 March 5, 2002 Report from the Communications Capital Projects Committee Ms. Blanchard, Chair, reported the Committee met on February 26. She said at that meeting she provided a communications center update, along with the County Administrator and County Attorney. It was reported that a very successful meeting was held with both the Town and City of Ithaca to work out legal agreements on the construction of the consolidated center on South Hill. A meeting with Ithaca College will take place on March 14t. Joseph Lalley reported to the Committee that the paging project is likely to have a design ready at the next meeting. She reported on the communications upgrade project and said that the final comment period for the draft RFP closed the first part of February. Those comments are being reviewed and she expects the RFP to be released in early April. Ms. Blanchard said the Committee that existed prior to this year that addressed financing of the radios needs to be reconvened. Mr. Joseph said he will meet with her to discuss this. She reported the State has given mixed messages on the status of the Statewide network project. Previously the County had been told there was $6.5 million in the Governor's budget to design the statewide network but it was uncertain whether that would survive the State's budget crisis. She said with the exception of Erie County and some of the areas in the Albany capital district area there is not a unified county position across the State in support of the Statewide network. She will keep the Board informed as information becomes available. The next meeting will be March 26`h. Report from the Space Needs and Location Committee Mr. Lane reported the Committee had a very important meeting and received valuable information from County staff. He commended Deputy County Administrator, Kathy Smithers, on the work she has performed for the Committee and Mikel Shakarjian who worked with Arel LeMaro developing spreadsheets. Mr. Lane said the Committee spent a great deal of time reviewing spreadsheets and discussed what kind of savings the County could realize if it were to consolidate some of the space that is currently rented in other locations, into a central location. He said that information is preliminary and is not ready to be presented to the full Board. Mr. Lane also commended David Squires, Finance Director, and Jonathon Wood, County Attorney, for the valuable information they have provided to the Committee. Approval of Minutes of February 19, 2002 It was MOVED by Ms. Blanchard, seconded by Ms. Kiefer, and unanimously adopted by voice vote by members present, to approve the minutes of February 19, 2002 as submitted. MINUTES APPROVED. Unfinished Business Ms. Kiefer spoke on behalf of Representative Schuler and stated at the next meeting of the Public Safety Committee on March 7 at 2 p.m. there will be a presentation from Judy Saul of the Community Dispute Resolution Center about Victim/Offender Restorative Justice. Adjournment On motion the meeting adjourned at 7:59 p.m. 88 March 19, 2002 Regular Meeting Public Hearing - Acquisition by the County of private lands pursuant to the Eminent Domain Procedures Law Mr. Joseph called the public hearing to order at 5:30 p.m. concerning acquisition by the County of private lands pursuant to the Eminent Domain Procedures Law. The purpose for the acquisition is to widen and reconstruct the County Road known as North Triphammer Road, in the Town of Lansing. Mr. Joseph asked if anyone wished to speak. No one wished to speak and the public hearing was declared closed at 5:31 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 Romanowski, City of Ithaca resident and representative of the Ithaca Board of Fire Commissioners, spoke concerning the County's communications system. Mr. Romanowski read the following statement which has been endorsed by the Ithaca Board of Fire Commissioners: "The horrific events of the past six months have dramatically illustrated the importance of emergency service providers and the dangers they face in fulfilling their duties. On a smaller scale these dangers are faced locally, and all too frequently, death and/or serious injury occurs. For those facing this reality every day, the provision of modern, up-to-date training and equipment will go a long way in minimizing these inherent risks. Having the best personal protection equipment is only part of the solution. Without the ability to community with superiors, colleagues, and other emergency agencies, the ability to provide life-saving action could be critically compromised. Tompkins County is now facing this situation. The system now in used is increasingly unreliable, large voids in area coverage exist, equipment is long -past its useful life, with repair parts no longer available, and frequencies being lost to federal government decisions. "These facts are well known to all you members of the Tompkins County Board. You have representatives on this Board who have dedicated an extraordinary amount of time and energy to solve these problems. They have met countless times with all effected agencies, soliciting information and concerns, and are yet seemingly stymied by the personal agendas of localities and special interest groups. Equally difficult for Board members is confronting the associated cost for the project as far-reaching as this, especially when budget pressures are ever increasing. What is the alternative though? What kind of risks are you willing to allow to exist - loss of property, increase personal suffering and injury, maybe deaths because fire, medical, and police agencies cannot respond or coordinate their actions? "We, the members of the Ithaca Board of Fire Commissioners, representing both the City and the Town of Ithaca, hereby urge the members of the Tompkins County Board of Representatives, to act with all deliberate haste in implementing a far-reaching modern communications system where all emergency agencies will be served and not only have the ability to communicate with each other but with the other agencies as well. Having a system serving only the requirements of individual departments and agencies seems to be counterproductive. We, in addition, urge the local communities to come together, and recognize that the well-being of the people should be the overriding principle in decision-making and that yielding to parochial interest is not in the public interest." Fay Gougakis, City of Ithaca, spoke concerning the issue of jet skis. Ms. Gougakis stated that she has provided the Clerk of the Board with copies of the legislation she spoke of at the last meeting, and 89 March 19, 2002 said she is trying to collect some statistics and information from other areas that are using this legislation. Ms. Gougakis also reported on a meeting that was held on March 16th concerning the Cayuga Lake Waterfront Plan, and noted no representative from the City or County was in attendance. She said the issue of jet skis was raised at that meeting by a number of people and dominated the major portion of the meeting. Presentation of Recognition Award to the Town of Dryden Chair Joseph presented the 2002 Farm Friendly Town Recognition Award to Representative Lane on behalf of the Tompkins County Agriculture and Farmland Protection Board. This award recognizes the Town of Dryden for its efforts to support and enhance agriculture within its border. Privilege of the Floor by Board Members Ms. Kiefer, District No. 11 Representative, responded to the comments made by Ms. Gougakis under privilege of the floor. She said the Planning Committee had its own presentation on the Cayuga Lake Waterfront Revitalization Plan, which is probably why members of the County's Planning Committee did not attend the meeting she spoke of. Ms. Kiefer also spoke of the jet ski issue, and said the Water Resources Council has a small committee working on this issue and they were directed to come to the Water Resources Council meeting next month with a recommendation of actions the County might take. Mr. Winch, District No. 8 Representative, stated he is the Board's representative to the Cayuga Lake Watershed Intermunicipal Organization (IO), and he spent this morning at Wells College attending a water monitoring and Cayuga Lake Watershed Conference. That Conference was sponsored by the Cornell Center for the Environment. He said the IO and Cayuga Lake Watershed Network have been working on Restoration, Protection Plan, and gathering information on the needs. He said the conference was broken up into the following areas of concern: general data gaps that need to be filled, groundwater and what has been done with groundwater monitoring, surface water monitoring, and citizens' monitoring of the watershed. Mr. Winch said there were over 50 people in attendance and a great deal of information was exchanged. Mr. Proto, District No. 7 Representative, updated the Board on the Water Resources Council and confirmed the statement made by Representative Kiefer that a special subcommittee is looking into the issue of jet skis. Mr. Proto said he is on the advisory board for the Johnson Art Museum and they now have a Mona Display. He said this year marks the 200th anniversary of the signing of the New York State Constitution, and a copy of it will be on display in Poughkeepsie in April. Ms. Herrera, District No. 5 Representative, provided the Board with the following report: "The City of Ithaca Natural Areas Commission sponsored the Ithaca Falls Site Tour and Community Design Session on Saturday and Sunday, March 9 and 10 to create a plan for the Ithaca Falls Natural Area. I was unable to attend due to a previous commitment, but by all accounts it was well attended and provided some great ideas for the area. The Saturday site tour of the Falls began at the Lake Street Bridge. It included a history of the falls and its use as a source of power for various mills, site maps, and a walking tour. The design session on Sunday allowed people to bring up and discuss ideas and concerns. The area has been identified as having lead contamination. Plans for lead remediation, and the impacts of the cleanup, which is due to begin this summer, and may take up to a year, were discussed. Many of the participants expressed the idea that the falls is essentially a wild area, subject to seasonal variations in water and vegetation level, and that it should remain a natural area, with minimal signage and parking. Its continued use as a small neighborhood park and fishing area, as well as a local landmark, is very important to residents. Thanks to Nancy Ostman, of the City of Ithaca Natural Areas Commission, Kathryn Gleason of the Cornell University Department of Landscape Architecture, the Tompkins County Museum, the vendors who donated supplies, and others who helped with this event. 90 March 19, 2002 For more information on the Ithaca Falls Natural Area and next steps in the design process, call Sarah at 272-4025. "In Economic and Workforce Development related events, the Tompkins -Cortland Community College extension center held the graduation of its first class of Heating, Ventilation, and Air Conditioning (HVAC) students on March 1st. The majority of the 14 students were unemployed or in very low wage occupations, and were looking for a new and lasting career opportunity to provide a decent living for them and their families. Some of the trainees' current employers sponsored the cost of the training, and the majority were paid for by Workforce New York, which got a grant last year to train unemployed or low-wage workers (200% of poverty level) in demand occupations. In addition to training, Workforce New York provided a variety of supports to help the trainees succeed in their training and job search, including a math refresher course, resume development, and interviewing skills. Workforce New York is also working directly with employers seeking quality trained workers, helping to set up job interviews. I would like to extend congratulations to the 14 graduates, and wish them the best of luck. Thank you, Tompkins County Workforce Development Board, which obtained the funds to support this and similar training programs, and all the staff of the Workforce New York partnership, that collaborated to recruit and support the efforts of the participants in this innovative program. A thank you is also extended to all the staff of the Workforce New York partnership, that collaborated to recruit and support the efforts of the participants in this innovative program. For more information about the next class or about other Workforce New York Programs, call 272-7570." Mrs. Schuler, District No. 4 Representative, reported last week she, Chair Joseph, Sheriff Meskill, John Beach, STOP -DWI Coordinator, and Aurora Valenti, County Clerk, received a check for $159,817 from Governor Pataki's Traffic Safety Committee. This money has gone to various agencies in the County for different initiatives, from equipment to work towards traffic safety. Mr. Lane, District No. 14 Representative, announced today is Election Day in villages in Tompkins County, and urged everyone to vote. Report by Town Supervisor or Village Mayor Douglas Austic, Town of Ulysses Supervisor, thanked the Board on behalf of the Intermunicipal Officials Association, for allowing an opportunity to explain issues that are of concern to the town supervisors and village mayors of Tompkins County. Mr. Austic gave the Board the following report: "The Town of Ulysses would be interested in considering working with the Tompkins County Highway Department on some of the small road repair projects that are in the Town because they are more aware of "potholes" because they know the people that are traveling those roads daily. If there were some interest in allowing the towns to do some of these jobs, it may alleviate some of the costs the County would have and make the County highways more passable in various towns. "Secondly, Don Barber raised the issue of cooperation. I feel fairly confident that we could resolve the problem that came up before other than going through legal action; however, I don't understand why it didn't happen. I think what we need to do is to open up the lines of communication so that we can solve some of the problems before they become a problem. I think the issue, basically the siting of towers, was brought up in the Fall, was probably overstated, and got carried away before we could basically solve the problem. I think an important issue was brought up by the Fire Commissioners, and I don't think any town is actually against this idea. It's just that the towns felt that a siting of a tower in their town should be required to go through zoning procedures even though the County has the right to do these things in the towns. It's just the neighborly thing to do. If the County were unsatisfied with the town's position, you have the right to override the town's decision but I think it would be the neighborly thing to do to talk to the town and go through their procedures and see what happens. Maybe there would be a solution that could be reached before it gets to the point of legal action which he would hope would not happen in the future. I think this could happen with any type of action that the County is planning to 91 March 19, 2002 do in any town such as building highway garages. If they were to talk to the individual town, I'm sure that something could come up that wouldn't be too bad for either side and solutions could be made without getting carried away in the courts. Nobody wins in that situation. "Thirdly, the Town of Ulysses has been reviewing the Waterfront Revitalization Plan that was submitted to them the other night by Tom Neiderkorn and Rick Manning and we may have a couple of things with that that seem to be a little inordinate. The lakefront designation in the Town of Ulysses is basically a mile to a mile and a half wide which is a considerable part of the area where most of our larger single-family homes are being built and we were concerned that some of the ideas of site plan review of all these things might be cumbersome to their Planning Board. We are wondering why the waterfront area was designated as that large in the Town and maybe the Town of Lansing might have that same concern. We've seen that the waterfront in the Town of Ulysses probably should be from Route 89 to the Lake which is actually the waterfront area and a quarter of a mile in most places. That is one thing we should think about if we are going to work together because there may be ramifications to that that we don't fully understand at this point. "Other than that I don't think there are any concerns with the Town of Ulysses or any other towns that I know of at this point. We would all welcome you to attend the next Municipal Officials meeting which is next Tuesday night at 6:30 p.m. at the Lehigh Valley House." Chair Joseph asked Representative Blanchard, Chair of the Public Works Committee, to get back to Mr. Austic on the issue of working with Highway Departments. Ms. Blanchard said this is one of the points that was raised by Cathy Valentino, Town of Ithaca Supervisor. She said they will be asking Michael Hattery of the Cornell Local Roads Program, to attend an upcoming Municipal Officials Association meeting, to talk about his experience in this area. Chair Joseph asked Ms. Kiefer, Chair of the Planning Committee, to look into the concerns expressed by Supervisor Austic in regard to the Waterfront Revitalization Plan. Chair Joseph said he agrees with Mr. Austic's concerns relating to better communication, particularly around County development issues. He said it has always been and will continue to be the County's policy that when there is any type of construction project in a town, that we will go to the town board or the town -designated body to present plans and the information that would be required if the County were to be required to obtain a permit. The town's input will also be sought and efforts will be made to accommodate the town to the greatest extent possible. He said he hopes the County and towns can work together in the future to resolve differences before any lawsuit is initiated. Chair's Report Mr. Joseph said he traveled to Albany today along with Representatives Blanchard and Schuler, Sheriff Meskill, and Steve Whicher, County Administrator, to meet with the Commission of Corrections in regard to the County's Jail variances. He said there was a lengthy discussion about Tompkins County's efforts to reduce the Jail population and the Commission did extend the variances for six months. The Commission said they are fully supportive of the County's programs and thought they might make a small difference in the Jail population. However, the Commission felt Tompkins County's Jail is overcrowded and they would like to see progress towards construction. They made it clear that they do not expect Tompkins County to have a jail built in six months and the variances can be extended longer, provided they see progress to their satisfaction, towards what they see is inevitable, which is the construction of more cell space. Mr. Joseph said while some County representatives might disagree as to how effective the alternative -to -incarceration programs will be, they agree that the County should simultaneously be moving ahead with what needs to be done with construction because there are definite needs for improvement of that building. Mr. Joseph said he will soon be calling a meeting of the Public Safety Building Space Planning Committee to discuss how to deal with information from the Commission and how to proceed. 92 March 19, 2002 Report from the County Administrator Mr. Whicher spoke briefly about the budget and said the entire budget situation is not good. Mr. Whicher requested an executive session to discuss real estate negotiations. Report from the County Attorney Mr. Wood reported on the reapportionment case and said after the census figures were received he had asked the court to dismiss the case. The court had scheduled a conference to discuss that and the attorneys for the Town of Ithaca wrote to the court this week and said they would not object to the case being dismissed. Report from the Finance Director Mr. Squires was in Albany, and thus there was no report. Addition of Resolution(s) to the Agenda It was MOVED by Mrs. Schuler, seconded by Mr. Proto, and unanimously adopted by voice vote, to add the resolution entitled Resolution of Respect - Margaret Harding, Director of the Tompkins County Office for the Aging, 1980-1992 to the agenda. Withdrawal of Resolution(s) from the Agenda There were no resolutions withdrawn from the agenda. Approval of Resolution(s) Under the Consent Agenda It was MOVED by Mr. Penniman, seconded by Mr. Winch, and unanimously adopted by voice vote, to approve the following appointment(s) under the Consent Agenda: RESOLUTION NO. 41- BUDGET ADJUSTMENTS — OFFICE FOR THE AGING MOVED by Mr. Penniman, seconded by Mr. Winch, and unanimously adopted by voice vote under the Consent Agenda. RESOLVED, on recommendation of the Health and Human Services Committee, That the Director of Finance be directed to make the following budget adjustments on his books: HEALTH AND HUMAN SERVICES COMMITTEE Office for the Aging (#14) Revenue Acct Title Amt Approp Acct Title(s) 6796 44772 Federal Revenue $10,399 6796 54400 Program Expense Explanation: Federal Revenue increase for WRAP (Weatherization) Program. SEQR ACTION: TYPE II -20 Approval of Appointment(s) Under the Consent Agenda It was MOVED by Mr. Penniman, seconded by Mr. Winch, and unanimously adopted by voice vote, to approve the following appointment(s) under the Consent Agenda: 93 March 19, 2002 Environmental Management Council Donna Jean Darling — Town of Newfield Representative — term to expire December 31, 2003 Office for the Aging Advisory Board Carol Knight — term to expire December 31, 2004 Tompkins Cortland Community College Board of Trustees William J. Raynor — County Representative — term to expire June 30, 2011 Report and Presentation of Resolution(s) from the Health and Human Services Committee Mr. Winch, Chairman, reported the Committee met on March 12. In his goal of ongoing education of Committee members, they received presentations from Foodnet and the Healthy Heart Promotion Program. Ms. Stein, Director of the Office for the Aging, extended an offer to Board members to ride along while meals are being delivered to homes. Ted Schiele of the Health Department provided an overview of the Healthy Heart Promotion and said they are working with several businesses to educate their employees about nutrition and physical fitness. The Committee also heard a presentation from Peg Hoppers, Director of the Senior Citizen's Council. It was reported that the Retired Senior Volunteer Program provided 64,735 hours of service through 379 volunteers which is equivalent to $333,000. RESOLUTION NO. 42 - AMENDING THE INTERMUNICIPAL COOPERATIVE RECREATION PARTNERSHIP AGREEMENT MOVED by Mr. Winch, seconded by Mr. Booth, and unanimously adopted by voice vote. WHEREAS, the Board of Representatives voted on February 5, 2002 to join the Inter -municipal Cooperative Recreation Partnership and approved the Agreement dated January 8', and WHEREAS, certain changes are needed to reach a consensus of all participating municipalities, and RESOLVED, on recommendation of Health and Human Services Committee, That the Board of Representatives agree to amend the Partnership Agreement by replacing the first two paragraphs with the following text: "Pursuant to Section 119-o of the General Municipal Law, the undersigned municipalities hereby enter into this Agreement to form a five year renewable Recreation Partnership. This agreement shall become effective upon execution by each and every municipality listed below and shall be in force for the period beginning January 1, 2002 through December 31, 2006 and may be renewed for an additional five years by appropriate resolution by the municipal partners on or before December 31, 2006 all other terms and conditions of this agreement remaining the same. If all of the approvals and signatures are not obtained by April 30, 2002 this agreement shall be null and void." RESOLVED, further, That the Chairman of the Board of Representatives be, and hereby is, authorized to sign this agreement or any subsequent version that may include corrections that do not alter the substance of the agreement. SEQR ACTION: TYPE 1I-20 Report and Presentation of Resolution(s) from the Economic and Workforce Development Committee Mr. Lane, Chairman, reported the Committee met on March 14. At that meeting Elaine Nicholas of the Tompkins County Public Library Foundation reported on the success of their campaign and the efforts of that group to make the Library more successful. Mr. Lane said the Foundation's campaign raised well -over $1 million and listed some of the contributions that have been made to the Library with 94 March 19, 2002 those funds. Those items include $500,000 for resources such as books, cd's, videos, and periodicals; over $200,000 for new technology in the Library that included 35 new public computers; $250,000 for a new Health Information Center; $93,000 for new furnishings; $30,000 for the coordination of Library programming; $15,000 to restore the Ezra Cornell portrait; $4,000 for motorized carts; and there will be additional funds for other things. Mr. Lane said Ms. Nicholas also presented the Committee with statistics on the new Library. There has been an increase in attendance at public programs at the Library by 253 percent, an increase in public bookings of community meeting rooms by 191 percent, an increase in the number of new Library cards by 114 percent, an increase in the number of reference questions answered by 63 percent, an increase in the number of visitors by 38 percent, and an increase in the use of the public Internet workstations by 183 percent. Mr. Lane said the Committee also heard a report from Representative Herrera on the joint working group for the Labor Coalition agreement. Representatives from the Building Council were also in attendance and asked the Committee to take a look at a proposed ordinance that deals with an apprenticeship program in governmental contracts. Mr. Lane reported the Committee also heard about the revisions that have been proposed by the Economic Development Loan Oversight Committee. The Convention and Visitors Bureau reported on the Randall Report in which a group was contracted with to prepare a report on the tourist services in this area. Although a good score was received, there were areas noted where improvements need to be made. All Board members should receive a copy of that report. Mr. Lane said Tompkins County Area Development has been very busy and has scheduled its annual meeting for May 21st• At that meeting there will be a presentation made on the Cayuga Venture Fund. RESOLUTION NO. 43 - AMENDMENT OF ECONOMIC DEVELOPMENT LOAN GUIDELINES FOR TOMPKINS COUNTY SMALL CITIES ECONOMIC DEVELOPMENT LOANS MOVED by Mr. Lane, seconded by Ms. Herrera, and unanimously adopted by voice vote. WHEREAS, Tompkins County has developed a Revolving Loan Fund for economic development through successful applications for funding from the United States Department of Housing and Urban Development Small Cities Community Development Block Grant program, and WHEREAS, Resolution No. 152 of 1999 established the Tompkins County Economic Development Revolving Loan Fund Guidelines, and WHEREAS, the Economic Development Loan Oversight Committee, based on its experience reviewing applications and recommending funding allocations for economic development projects, has evaluated the Tompkins County Economic Development Revolving Loan Fund Guidelines, and WHEREAS, the Economic and Development Loan Oversight Committee has recommended changes to the Tompkins County Economic Development Revolving Loan Fund Guidelines, now therefore be it RESOLVED, on recommendation of the Economic and Workforce Development Committee, That Tompkins County hereby amends the attached Guidelines for use in evaluating loans and publicizing the Economic Development Loan program. SEQR ACTION: TYPE II -20 Economic Development Revolving Loan Fund GUIDELINES A. INTRODUCTION The Tompkins County Economic Development Revolving Loan Fund provides loans to businesses at below-market interest rates to facilitate project implementation. Terms and conditions are negotiable, and based on documented need and input from appropriate organizations and financial institutions. Funds may be used to provide "gap" financing where other funds are not available, or as a subsidy to reduce project costs so as to make the project feasible. 95 March 19, 2002 B. NATIONAL OBJECTIVES Loans made through the Tompkins County Economic Development Revolving Loan Fund are made using repaid U.S. Department of Housing and Urban Development (HUD) Small Cities Community Development Block Grant funds. As a condition of receiving that funding, the County (and therefore the borrowers) must meet one of the following National Objectives for the Small Cities program: 1. Benefit low and moderate income persons; or 2. Eliminate a slum or blighting condition. C. COUNTY OBJECTIVES In the development of the Economic Development Revolving Loan Fund, Tompkins County has identified several objectives. 1. Creation of new employment opportunities available to low-income persons, and/or retention of existing employment opportunities similarly available. 2. Leveraging of private funds. 3. Support of export (i.e. sales to non -County residents) sectors of the economy by businesses selling products or services primarily to customers outside of Tompkins County. 4. Appropriateness of assistance to community and business need. 5. Expansion of the County's real property tax base. Not-for-profit organizations servicing Tompkins County are eligible for loans provided that they offer a unique or highly desired new service to the community. D. TERMS AND CONDITIONS Terms and conditions are different based on the type of loan required. Maximum loan lengths are as follows: Real estate and building improvements: Equipment and related improvements: Working capital and inventory: 20 years 10 years 5 years No loans for equipment will be made for a longer period than the anticipated useful life of the equipment. Businesses that either cease operations or leave the County will be required to immediately repay the loan. Term life insurance or other security may be required of the principals involved in the loan. E. UNDERWRITING GUIDELINES The County will directly review each prospective loan. County staff will review loans for completeness and adherence to guidelines and requirements. Final review and determination of loan needs and conditions will be made by the Tompkins County Board of Representatives. The following materials will be required to be submitted: 1. A brief summary of the proposed project, including the location, number of jobs to be created and/or retained, implementation needs for the project, and proposed sources of capital. 2. A brief background on the business and/or a business plan that includes the proposed project, the market area for the products, marketing of those products, and a list of employees working for the business and/or the expansion (both current and future). 3. Business and personal credit references (including bank references) for all stockholders, owners or partners with at least 20 percent equity in the business. The track record and credit history of the borrower will be considered, and personal guarantees will be required from the aforementioned people. 4. The most recent two years of business tax returns. Three years of personal tax returns for the aforementioned stockholders, partners or owners are acceptable if the business has not been in 96 March 19, 2002 business for two years. The past two years historical business statements should also be provided, preferably prepared by an accountant. 5. A minimum of three years projected profit/loss statements (five years for real estate and building transactions) for the business, both with and without the proposed project. These projections should describe specifically how sufficient net operating income will be generated in order to repay debt to the County. 6. Total project costs and sources of capital for all aspects of the proposed project, including vendor quotes or estimates if available for equipment and valid recent appraisals for real estate purchases. For loan purposes, a maximum loan to value ratio of 80% will be applied to real estate and equipment deals, and 50% on inventory and accounts receivable. 7. Current cash flow statements for the existing business, as applicable. 8. Tompkins County will generally require a minimum 10 percent equity investment in the project by the borrower. The nature of the equity investment should be described in detail. 9. Description of collateral to be pledged and its approximate market value. 10. A short Environmental Assessment Form. 11. Other information as may be reasonably required by the Loan Committee. The main questions that the Underwriting Guidelines wish to address are the following: 1. Can the business/borrower repay the loan out of current and proposed operating cash flow? 2. Does the business/borrower have a demonstrated history and capacity to manage the business through good and bad times? 3. Does the business/borrower have a credit history that demonstrates that he or she will fulfill the financial obligations of the business? 4. Does the project demonstrate adequate security and collateral to secure the loan? The extent a project addresses the objectives and meets the underwriting guidelines determines whether or not it is a project that can be loaned these funds. Specific loan criteria to be used are listed below: 1. Total number of jobs to be created or retained. 2. Jobs created or retained by HUD -defined low-income persons. (A guideline of one job created for every $15,000 in loan funds is used by the Loan Committee.) 3. Amount of County funds lent per job created. 4. Slum or blighting conditions eliminated (if cited as the objective of the project) 5. Financial need of the project. 6. Likelihood of success of the project. 7. Ratio of public to private funds leveraged. 8. Potential for spin-off benefits in Tompkins County (jobs and tax revenue). 9. Long-term growth potential of the business. 10. Tax revenue generated/real property value added to the community. 11. Relationship to other projects being undertaken in the area. 12. Potential for positive or negative environmental impacts. 13. Overall "appropriateness" of the project for these funds. F. FURTHER INFORMATION AND APPLICATIONS Further information about the Tompkins County Economic Development Revolving Loan Fund can be obtained by contacting: Tompkins County Planning Department 121 East Court Street Ithaca, NY 14850 97 March 19, 2002 Phone: 607-274-5560 Fax: 607-274-5578 Applications may be sent to the same address. Guidelines Revised: 3/14/02 Economic & Workforce Development Committee of BOR (BOR Resolution) Report and Presentation of Resolution(s) from the Government Operations Committee Mr. Koplinka-Loehr, Chairman, reported the Committee met on March 12 and heard a report from the County Administrator on a new evaluation process called the "personnel dialogue". This process will be used with department head evaluations and feedback will be received on how successful it is. Mr. Koplinka-Loehr said the County's Land Policy requires the Committee to review which parcels go to auction and which ones get held back. Two of the parcels that were held back in previous years were reviewed again and the Committee took action to release those properties for auction. He noted the proposal to release the Town of Caroline property was approved by a split vote. The Committee heard from Jonathan Wood, County Attorney, on possible Ethics Policy language in regard to personal accusations against other County employees. After discussing this item with department heads the consensus there was not to move this forward; the Committee agreed. Mr. Koplinka-Loehr reported the Finance Director Purchasing Division had a security incident and has since been reviewing security measures. The Committee was updated on what type of measures are being instituted throughout that building and was told employees of that Department are taking a self-defense course being taught by the Sheriffs Department. Mr. Koplinlca-Loehr reported the Public Information Advisory Board is continuing to review the survey results that were received and analyzing information, and he hopes a report will be given at the April Committee meeting. He reported that Valeria Coggin, Assessment Director, asked to be removed from Agriculture and Farmland Protection Board because as sold assessor, there is a potential conflict of interest with respect to agricultural land. The Committee reviewed and discussed recommendations that are contained in the voter participation study that was prepared by Bob Groff, an intern in the Board of Representatives' Office last year. One recommendation that received a great deal of discussion was for Board members to go out into the school and educate high school seniors about voting. Other recommendations included the Board supporting New York State Legislation about election reform, getting information out about candidates in more of a neutral way, and also looking at the County's data collection of who votes in Tompkins County. Mr. Koplinka-Loehr said the Committee focused its discussion on what is the process for getting elected officials into the schools on a regular basis to encourage voter registration. He said the Committee decided that because the Elections Commissioners are already going into the schools they will be working with the Chair and Board members to coordinate this effort so that all schools are covered on a regular basis. The Board of Elections was asked to review their fee structure to make sure it is m line with what is allowable under New York State Law. Mr. Koplinka-Loehr said the Committee also discussed the process for hiring of individuals above the starting rate and what the annual increases should be. He said there was a split vote by the Committee on how these individuals should be reviewed and decided to separate the issue into two parts. The issues of whether they should be reviewed annually and if they should receive a standard increase as a group or be considered individually will come before the Committee at a future meeting. Mr. Proto inquired about the Pinnacles property in the Town of Caroline that the Committee voted to release to public auction and stated he may wish to propose that this action be reconsidered. Mr. Proto was advised he could bring an individual -member filed resolution before the Board at an upcoming meeting. RESOLUTION NO. 44 - ADOPTION OF LIST OF DESIGNATED OFFICERS AND EMPLOYEES REQUIRED TO FILE AN ANNUAL FINANCIAL DISCLOSURE FORM 98 March 19, 2002 MOVED by Mr. Koplinka-Loehr, seconded by Mr. Booth, and unanimously adopted by voice vote. WHEREAS, State Law requires employees "who hold policy-making positions, as annually determined by" the County to fill out financial disclosure forms, and WHEREAS, pursuant to Local Law No. 2 of 1997 and Administrative Manual Policy 01-29, Standards of Conduct, "key employees" shall be determined by separate resolution of the Board of Representatives, and WHEREAS, the list of "key employees" required to file the annual financial disclosure form has been updated, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the attached list of designated officers and employees required to fill out the annual financial disclosure form be adopted. SEQR ACTION: TYPE II -20 Last Name E-MAIL Andersson Banks Beach Bezirganian Bush Coggin Cole Cree Croteau DeLuca DeLuca Dentes Dolan Eaton Eckstrom Field Fitzpatrick Flash Franklin Grinnell 2002 FINANCIAL DISCLOSURES - ATTACHMENT First Title John Sr. Public Health Engineer Maryanne Director of Services Helen Budget & Finance Manager John Medical Director Rebecca Director of Eligibility Valeria Director of Assessment Alice Public Health Director Elizabeth Elections Commissioner Frank Anthony Robert George Mary Pat Lisa Barbara William Anita Stephen Joseph Stuart Grinnell -Crosby Brenda Gump Harris Haus Herden Horton Jurkowich Kerr Kippola Klepack Lampman Holly Michael Randy Tom Deborah Joan Employee Safety & Health Coord. Comm. Of Mental Health Serv. Deputy Comm. of MH Serv. District Attorney Commissioner of Social Services Buyer Solid Waste Manager Deputy Medical Examiner Commissioner of Personnel Asst. County Attorney Asst. Dir. -Internal Operations Dir. Of Mental Health Clinic Public Health Administrator WIC Program Director Asst. Highway Manager Undersheriff Director of Admin. Serv. Program Director -CSS Deputy Comm. Of Planning Sigrid Director of Patient Services Jacqueline Contracts Coord. William Medical Examiner John Associate Civil Engineer 99 Department/Division Health Dept. Social Serv. Finance Mental Health Dept. Social Serv. Assessment Health Bd. Of Elections Health Mental Health Mental Health DA Dept. Social Serv. Purchasing Solid Waste Health Personnel County Attorney Assessment Mental Health Health Health Public Works Sheriff Dept. Social Serv. Mental Health Planning Health Administration Health Public Works Leinthall Lemaro Lyczko Marx Meskill Messmer Miller Nelson Nicholas Niemi Nosanchuk Potter Potter Reynolds Richardson Shurtleff Smithers Squires Stein Surdell Teeter Thompson Ward Whicher Wilson Wolf Wood Yoder Zahler Zifchock Covert Crawford Moore Rudy Stolp Tynyk Valenti Kathryn Arel Theresa Edward Peter Peter John Cheryl Robert Debra Jerome Adam Greg Maureen Thomas Lee Kathy David Irene Gary Meegan Kenneth Larry Stephen Bruce March 19, 2002 Probation Director II General Building Supervisor Health Education Promo. Director Commissioner of Planning Sheriff County Highway Manager County Fire and Disaster Coord. Public Works Administrator Airport Manager Chief Corrections Officer Deputy Medical Examiner Probation Facilities Health Planning Sheriff Public Works Fire & Disaster Public Works Airport Jail Health Asst. Buildings & Grounds Manager Facilities Director of ITS Deputy County Clerk Recycling Supervisor Asst. Co. Fire & Disaster Coord. Deputy County Administrator Comptroller Director of Office for the Aging Deputy District Attorney Buyer Asst. Solid Waste Manager Program Director Day Treatment County Administrator Asst. County Attorney David Deputy Director of Probation Jonathan County Attorney Jacqueline Employee Benefits Manager Nancy Youth Bureau Director Shary Elections Commissioner Catherine Clerk, Board of Reps Airport Maintenance Supervisor Commissioner of Human Rights Asst. Airport Manager Supervising Attorney Director of Weights & Measures County Clerk Dave Shawn Tony Robert Judy Aurora BOARD MEMBERS Last Name Blanchard Booth Herrera Joseph Kiefer First Barbara Richard Kathy Luz Tim Dooley Koplinka-Loehr Michael Lane Michael McBean Penniman Proto Leslyn Peter Frank 100 ITS County Clerk Solid Waste Fire & Disaster Administration Finance COFA DA Purchasing Solid Waste Mental Health Administration County Attorney Probation County Attorney Personnel Youth Bureau Bd. Of Elections Bd. Of Reps Airport Human Rights Airport Assigned Counsel Weights & Measures County Clerk March 19, 2002 Robertson Martha Schuler Nancy Todd Thomas Totman George Winch Daniel RESOLUTION NO. 45 - AUTHORIZATION TO CONTRACT FOR WORKERS COMPENSATION CLAIMS ADMINISTRATIVE SERVICES — PERSONNEL MOVED by Mr. Koplinka-Loehr, seconded by Mr. Todd, and unanimously adopted by voice vote. WHEREAS, the Personnel Department in conjunction with the Finance Department issued a Request for Proposals (RFP) for Third Party Administration of Workers Compensation Services, and WHEREAS, eight firms responded to the RFP and, after review, three proposals appeared to meet or exceed minimum criteria, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the County be authorized to enter into a multi-year contract with EM Management of Endicott, New York, commencing April 1, 2002 through March 31, 2007, with the option to extend the contract for two additional one-year periods, RESOLVED, further, That annual administrative expenses associated with this contract shall not exceed $25,000 except there shall be a one-time cost for claims takeover of $5,000, RESOLVED, further, That the County Administrator or his designee be authorized to sign documents related to this contract. SEQR ACTION: TYPE 11-20 RESOLUTION NO. 46 — APPOINTMENT OF TEMPORARY BOARD OF ASSESSMENT REVIEW MEMBERS TO SERVE ON ADMINISTRATIVE HEARING PANELS MOVED by Mr. Koplinka-Loehr, seconded by Mr. Todd, and unanimously adopted by voice vote. WHEREAS, the Department of Assessment has entered into an annual reassessment program with the New York State Office of Real Property, and WHEREAS, Real Property Tax Law 523-a permits the County Board of Representatives to appoint up to six Temporary Board of Assessment Review members to serve on Administrative Review Panels, and WHEREAS, Real Property Tax Law 523-a permits the compensation of Temporary Board of Assessment Review Members, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That three Temporary Board of Assessment Review Members, namely Bob Shaw, Alice Moore, and Paul Banfield be appointed to serve on Administrative Review Panels, RESOLVED, further, That Temporary Board of Assessment Review members be compensated at a rate of $50 per session with a maximum annual compensation of $250. SEQR ACTION: TYPE II -20 Report and Presentation of Resolution(s) from the Budget and Capital Committee 101 March 19, 2002 Mr. Penniman, Chairman, reported the Committee met last week and was chaired by Mr. Booth. At that meeting the Committee received a presentation from David Squires, Finance Director, on TCAT's cash flow situation. The second item that received a major amount of discussion was the present and future Tompkins County budget and capital program. This discussion will continue at the next meeting on March 26th. RESOLUTION NO. 47 - AUTHORIZING THE ADVANCE OF UP TO $2,000,000 OF STATE TRANSIT OPERATING ASSISTANCE (STOA) TO TOMPKINS CONSOLIDATED AREA TRANSIT (TCAT) MOVED by Mr. Penniman, seconded by Mr. Booth, and unanimously adopted by voice vote. WHEREAS, the Tompkins Consolidated Area Transit (TCAT) was formed under a partnership agreement among Tompkins County, Cornell University and the City of Ithaca effective January 1, 1999, and WHEREAS, each party makes an annual contribution of equal amounts to support TCAT, and WHEREAS, after the completion of two years of operations, it has become apparent that the timing of State Aid payments severely impacts the cash position of TCAT and impairs TCAT's ability to reimburse the City of Ithaca and Cornell University for transit operating expenses in excess of their annual contractual obligation under the TCAT partnership, and WHEREAS, in order to address the unequal burdens of the TCAT partners' outlays for transit operations, it is proposed that the County distribute to TCAT estimated 2nd, 3'd, and 4th quarter State Transit Operating Assistance (STOA) payments anticipated within the 2002 Adopted Budget in advance of their receipt, now therefore be it RESOLVED, on recommendation of the Budget and Capital Committee, That the Director of Finance is authorized to enter into an agreement with TCAT whereby the County would disburse from Budget Account 5630.54404 Transportation Services 2002 Appropriations supported by STOA payments in advance of their receipt in an amount not to exceed $2,000,000, RESOLVED, further, That the County will recover the loss of investment income from the advance of STOA funds by billing TCAT for the actual lost earnings based upon the application of the average monthly investment applied against the average monthly balance of advanced STOA payments, RESOLVED, further, That the County will retain all future STOA payments until such time as the advance has been fully liquidated or reauthorized by the Tompkins Board of Representatives. SEQR ACTION: TYPE 11-20 Report and Presentation of Resolution(s) from the Public Safety Committee Mrs. Schuler, Chair, reported the Committee met on March 7 and heard a presentation from Judy Saul of the Community Dispute Resolution Center on the Victim Offender Restitution and Restorative Justice. This is one of the alternatives -to -incarceration initiatives. Ms. Saul will be bringing that presentation to the full Board at a later date. She also reminded the Committee that a seminar will be held on April 17, and will feature Dr. Mark Umbreit, a national leader in the restorative justice movement. Sheriff Meskill distributed a K-9 incident summary graph and said although he was reluctant to have a K-9 unit at first, it has been a very valuable and worthwhile addition to the Sheriffs Department. Sue Robinson reported on a workshop to be held on April 4 at Cooperative Extension on strategies for domestic violence and a full-day workshop to be held on May 15 with mental health professionals on domestic violence. OAR reported it completed its search for a new Bail Fund Coordinator and is once again fully staffed. Mrs. Schuler also announced OAR's volunteer training has been moved to March 30. Becky Richmond, Community Justice Coordinator, reported to the Committee that there has been a 50 percent increase in referrals during the first part of 2002. Mrs. Schuler stated the Committee adjourned at 3 p.m. and had a joint presentation with the Communications Capital Projects Committee by Albert Long of Midstate on the status of the County's current communications infrastructure. 102 March 19, 2002 RESOLUTION NO. 48 - AUTHORIZATION TO ACCEPT AN AWARD OF A GRANT FROM THE NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES MOVED by Mrs. Schuler, seconded by Mr. Totman, and unanimously adopted by voice vote. WHEREAS, the Probation Director has been notified of a grant award from the New York State Division of Criminal Justice Services in the amount of $44,500 and referred to as the STOP grant, and WHEREAS, the STOP grant represents a collaborative effort among Tompkins County, Cayuga Medical Center, Center for Crime Victims and Sexual Assault Services and Task Force for Battered Women and will fund the Sexual Assault Nurse Examiner (SANE) program, Rape Aggression Defense Training, and a lock change program for victims of domestic violence and sexual assault, now therefore be it RESOLVED, on recommendation of the Public Safety Committee, That the County Administrator or his designee execute all contracts related to this award, RESOLVED, further, That the Director of Finance is directed to make the following adjustments to his books for 2002: BUDGET ADJUSTMENT Revenue A3996.43389 Appropriation A3996.51000 A3996.58800 A3996.52210 A3996.54303 A3996.54452 A3996.54472 A3996.54442 SEQR ACTION: TYPE II -20 State Aid Payroll Fringes Office Equipment Supplies Postage Telephone Professional Services $ 44,500 $ 4,000 $ 1,040 $ 1,215 $ 393 $ 300 $ 500 $ 37,052 RESOLUTION NO. 49 - APPROPRIATION FROM CONTINGENT FUND FOR REPLACEMENT PAY - DISTRICT ATTORNEY'S OFFICE MOVED by Mrs. Schuler, seconded by Mr. Totman. A short roll call vote resulted as follows: Ayes - 15, Noes - 0. RESOLUTION ADOPTED. WHEREAS, the District Attorney's Office has an employee who has been disabled and thus unable to perform her duties for more than two months, and WHEREAS, the Fiscal Policy of Tompkins County (Section 5.03 [B][2]) allows for replacement pay for employees who have been out of work under such circumstances, now therefore be it RESOLVED, on recommendation of the Public Safety and Budget and Capital Committees, That the Director of Finance appropriate a total of $1,957.08 to the District Attorney's budget for replacement pay encompassing the period of January 1, 2002, to date, RESOLVED, further, That the funds be appropriated and distributed to the following accounts: FROM: A1990.54440 TO: A1165.51000 A1165.58800 TOTAL SEQR ACTION: TYPE II -20 Contingent Fund Regular Pay Fringe $1,957.08 $1,553.24 $ 403.84 $1,957.08 Report from the Information Technology Services Policy Committee 103 March 19, 2002 Mr. Winch, Chairman, reported the Committee will meet tomorrow morning. Report and Presentation of Resolution(s) from the Public Works Committee Ms. Blanchard, Chair, reported the Committee met on March 7 and spent time discussing the goals for the year. There was also time spent discussing the County's various highway and bridge capital projects. She said all Board members should have received the capital program report that lists all the projects. She called the Board's attention to page seven of that report which shows how projects will be delayed, and asked that anyone having questions to let her know. Ms. Blanchard said the Committee also spent time discussing with Representative Robertson how the Committee might be able to support a request the Town of Dryden is making for a reduction in speed limit in the Ellis Hollow Road area. This item will be discussed again at the next Committee meeting on March 21. RESOLUTION NO. 50 - AUTHORIZING CHANGES IN PERMIT FEE SCHEDULE FOR CONSTRUCTION ACTIVITIES WITHIN TOMPKINS COUNTY RIGHT-OF-WAY — TOMPKINS COUNTY HIGHWAY DIVISION MOVED by Ms. Blanchard, seconded by Mr. Booth. Ms. Kiefer said she thinks a change should be made at a future meeting to separate commercial construction activity in County right-of-way from individual activity. Ms. Blanchard said the Committee did discuss how this would be applied to individual residents. Ms. Kiefer noted this resolution is only intended to apply to commercial, private - sector entities. It was agreed that the Committee would further discuss fees for individual, residential, construction activity in County right-of-way. A voice vote resulted as follows: Ayes - 15, Noes - 0. RESOLUTION ADOPTED. WHEREAS, Tompkins County Highway Manager, Peter F. Messmer, has recommended changes in the permit fee schedule to allow for fee collections at current rates being offered by the private sector, and WHEREAS, all changes proposed were determined during the Highway Division's most recent review of other New York State counties permit fee schedules, now therefore be it RESOLVED, on recommendation of the Public Works Committee, That the Tompkins County Highway Division implements the charge scheduled below: Water main, Sanitary Sewer, Storm Sewer, Pipe Ditch Excavation, Tunneling, Boring, Plowing, etc. Commercial Service, Sub -service Connection Private Service, Sub -Service Connection SEQR ACTION: TYPE II -20 2001 2002 $0.25/ft $2.00/ft $0.25/ft $2.00/ft $0.25/ft $2.00/ft $0.25/ft $2.00/ft RESOLUTION NO. 51 - AUTHORIZATION FOR MEMBERSHIP — AMERICAN PUBLIC WORKS ASSOCIATION (APWA) — COUNTY HIGHWAY MANAGER MOVED by Ms. Blanchard, seconded by Mr. Todd, and unanimously adopted by voice vote. WHEREAS, the Tompkins County Highway Manager is seeking new membership in the American Public Works Association (APWA) at a cost of $113 per year, and WHEREAS, the membership in APWA serves as a valuable resource for the Highway and Bridge programs, now therefore be it RESOLVED, on recommendation of the Public Works Committee, That this membership is authorized. SEQR ACTION: TYPE II -20 104 March 19, 2002 Report from the Planning Committee Ms. Kiefer, Chair, reported the Committee has not met since the last Board meeting. The next meeting will be March 21 at 2 p.m. Report from the Charter Review Committee Mr. Lane, Chairman, reported the Committee met with George Dentes, District Attorney, and discussed that Department's provision in the Charter. The Committee also met with Sheriff Meskill and reviewed some of the changes that he has suggested. He said today he signed the letters to mayors and supervisors, sending out the draft for the vacancy section of the Charter. Those municipal leaders are being asked to discuss this proposal with their respective boards and submit comments to the Committee by May 15. Report from the Communications Capital Projects Committee Ms. Blanchard, Chair, reported the Committee has not met since the last Board meeting. The next meeting will be March 26 at 11:30 a.m. Report from the Space Needs and Location Committee Mr. Joseph, Chairman, reported the Committee met and continued discussion about County space possibilities with much of the discussion focused on the balance of doing a renovation at the Biggs B building versus moving the Health Department to a new location and how parking issues might be solved at a downtown location. Report from the Public Safety Building Space Planning Committee Mr. Joseph, Chairman, reported the Committee has not met; however, a meeting will be scheduled soon. Approval of Minutes of March 5, 2001 It was MOVED by Mr. Booth, seconded by Mr. Koplinka-Loehr, and unanimously adopted by voice vote to approve the minutes of March 5, 2002 as submitted. MINUTES APPROVED. Individual Member -Filed Resolutions RESOLUTION NO. 52 - RESOLUTION AGAINST THE PROPOSED INCREASE IN THE LOCAL GOVERNMENT RECORDS MANAGEMENT IMPROVEMENT FUND MOVED by Mr. Proto, seconded by Ms. Kiefer, and unanimously adopted by voice vote. WHEREAS, the Governor has proposed to remove certain offices overseeing Cultural Education from the New York State Education Department, incorporating these in an entirely new Institute for Cultural Education, and WHEREAS, in order to fund this Institute, including the State Archives, State Library, State Museum, and State Office for Public Broadcasting, New York State will need to raise millions of dollars in capital investment and plans to do this by quadrupling the present five dollars collected by all County Clerks and the Register of the City of New York on all recorded, indexed, and entered documents to twenty dollars, effective July 1, 2002, and 105 March 19, 2002 WHEREAS, the Local Government Records Management Improvement Fund was created in 1989 to support grants and technical assistance to local governments to improve and enhance the management of their records and information, and WHEREAS, said fee increase would provide no improvement in service for the taxpayers paying the fee, nor any additional benefits to the local governments that must collect said fee increase, and WHEREAS, no demonstrated benefit has been identified in the relocation of these functions to the proposed Institute, in contrast to the highly effective and beneficial relationship that local governments now enjoy with the New York State Education Department, now therefore be it RESOLVED, by the Tompkins County Board of Representatives, That this body stands firmly opposed to the proposal, RESOLVED, further, That a copy of this resolution be delivered to the Governor, the New York State Legislature, and all others deemed necessary and proper, and we urge them to likewise oppose this proposal. SEQR ACTION: TYPE II -20 RESOLUTION NO. 53 - RESOLUTION OF RESPECT, MARGARET HARDING, DIRECTOR OF THE TOMPKINS COUNTY OFFICE FOR THE AGING 1980-1992 MOVED by Mrs. Schuler, and unanimously seconded and adopted by voice vote. WHEREAS, Margaret Harding directed the Office for the Aging over a period of rich growth and development, and WHEREAS, she started the Long Term Care Coordinating Service unit that has evolved into today's Long Term Care Unit, and WHEREAS, she initiated the Personal Emergency Response System Program that today serves 294 county seniors, and WHEREAS, Margaret Harding was a key player in the development of Gadabout which provides a transportation system for the county's seniors and disabled resident, and WHEREAS, she served with distinction on many boards and committees, including fourteen years on the Ithaca City School District Board of Education and President of League of Women Voters on more than one occasion, and WHEREAS, she ably served the County's seniors in her tenure as Director of the Office for the Aging with both intelligence and diligence, now therefore be it RESOLVED, unanimously by this Board, That the members hereof express their deep appreciation and respect for the many contributions Margaret made to the Tompkins County community and extend their sympathy and sincere condolences to the family of Margaret Harding. SEQR ACTION: TYPE II -20 Recess Chair Joseph declared recess from 7:21 p.m. to 7:35 p.m. Executive Session It was MOVED by Mrs. Schuler, seconded by Mr. Winch, and unanimously adopted by voice vote, to enter into executive session at 7:35 p.m. to discuss real estate negotiations. The meeting returned to open session at 8:30 p.m. Adjournment On motion the meeting adjourned at 8:30 p.m. 106 April 2, 2002 Regular Meeting Called to Order Chair Joseph 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 Kiefer arrived at 5:32 p.m. Presentation of Proclamation(s) Chair Joseph presented the following proclamation(s): The Week of the Young Child, April 7-13, 2002 Child Abuse Prevention and Sexual Assault Awareness Month, April, 2002 Foot Health Awareness Month, April, 2002 No one was in attendance to accept these proclamations. Privilege of the Floor by the Public Andy Doyle, Ithaca resident, said he is part of a Grassroots Group that has been formed in Tompkins County that promotes alternatives to incarceration programs and opposes any expansion of the Tompkins County Jail. Mr. Doyle stated last week he went to Albany to promote laws that would reduce the number of people being incarcerated.. Although he agrees overcrowding is an issue he does not agree with the increase in jail population across New York State. Currently there are more people in jail than living on farms. He agrees that overcrowding is an issue; although he thinks expanding the facility and creating more beds will result in a vacuum affect. He believes jailing people results in a higher recidivism rate than alternatives to incarceration programs. He thinks the community needs to get involved. Fay Gougakis, City of Ithaca, said she has placed on file three information packets on jet ski legislation that she got from Assemblyman Luster's office. Ms. Gougakis said she would like to see jet skis banned on Cayuga Lake, and urged Board members to review the information. She suggested that the County hold a public forum or create a committee to address this issue. Privilege of the Floor by Board Members Ms. Robertson, District No. 13 Representative, and liaison to Cooperative Extension, reported the monthly Board meeting will be held on April 4. She stated the meeting will begin at 5 p.m. with Monika Roth making a presentation about agriculture marketing and economic development. Ms. Robertson said all Board members are encouraged to attend. Ms. Blanchard, District No. 1 Representative, provided the Board with an update on the United Way Campaign. She said the Campaign is almost over, and noted Tompkins County employees have been particularly noted, along with the City of Ithaca, as being a group that exceeded its contributions this year over past levels. Mr. Proto, District No. 7 Representative and Chairman of the Water Resources Council, announced there will be a meeting to discuss creek maintenance at the Caroline School on April 6th at 9 a.m. Mr. Proto said there will be a series of meetings to discuss what can be done along creeks to help 107 April 2, 2002 avoid erosion. He said there was an article in yesterday's Ithaca Journal that listed the names of the speakers that will be in attendance at the meeting. Report from a Municipal Official There was no municipal official in attendance, thus there was no report. Chair's Report and Appointment(s) Mr. Joseph said he is moving the committee responsibility for Tompkins Cortland Community College from the Planning Committee to the Economic and Workforce Development Committee. Chair's Appointment(s) Mr. Joseph made the following appointment(s): Workforce Development Board Leslie Marie Leonard — Business Representative — Term to expire June 30, 2002 Jeffrey Wesche — Business Representative — Term to expire June 30, 2002 Report from the County Administrator Mr. Whicher announced the retirement of Jack Miller from the position of Fire, Disaster, and EMS Coordinator. He said Mr. Miller has been employed by Tompkins County for over 30 years and has done an outstanding job. Mr. Miller's last day will be April5th• Report from the County Attorney Mr. Wood had no report. Report from the Finance Director Mr. Squires reminded the Board that the annual foreclosure auction will be held on May 11t. At this time there are 35 properties in addition to some from the City of Ithaca. He said a publication containing photos and tax map information on all parcels will be made available at the end of April. Mr. Proto alerted Mr. Squires that a resolution will soon be coming forward requesting that the Pinnacles property in the Town of Caroline be removed from the list of parcels to be auctioned. Addition of Resolution(s) to the Agenda It was MOVED Ms. Blanchard, seconded by Mr. Penniman, and unanimously adopted by voice vote, to add the resolution entitled Authorization to Expend Funds for the Public Safety Communications System, Proposed Paging Capital Project, to the agenda. Withdrawal of Resolution(s) from the Agenda There were no resolution(s) withdrawn from the agenda. Approval of Resolution(s) Under the Consent Agenda It was MOVED by Mr. Booth, seconded by Ms. Kiefer, and unanimously adopted by voice vote, to approve the following resolution(s) under the Consent Agenda. 108 April 2, 2002 RESOLUTION NO. 54 - BUDGET ADJUSTMENTS — VARIOUS DEPARTMENTS MOVED by Mr. Booth, seconded by Ms. Kiefer, and unanimously adopted by voice vote under the Consent Agenda. RESOLVED, on recommendation of the Health and Human Services Committee, That the Director of Finance be directed to make the following budget adjustments on his books: HEALTH AND HUMAN SERVICES COMMITTEE Office for the APinR (#14) Revenue: 6796.44772 Federal Revenue $10,339 Appropriation: 6796.54400 Program Expense $10,339 Explanation: Federal Revenue Increase for WRAP (Weatherization) Program Tompkins County Youth Bureau (#18) Revenue: 7020.43820 7022.43820 7023.43820 7028.43820 Appropriation: 7020.51200535 7020.58800 7020.54330 7020.54400 7020.54412 7020.54452 7020.54472 7023.54400 7026.54400 7028.54400 Explanation: Programs for Youth Programs for Youth Programs for Youth Programs for Youth -$ 2,943 -$ 7,234 -$ 1,487 -$18,011 TOTAL -$29,675 Administrative Assistant Fringes Printing Program Expenses Travel/Training Postage Telephone Program Expenses Program Expenses Program Expenses -$ 350 -$ 91 -$ 1,500 -$ 4,000 -$ 863 -$ 500 -$ 100 -$ 140 -$13,055 -$ 9,076 TOTAL -$29,675 Adjustments necessary to reconcile actual 2002 budget revenues. SEQR ACTION: TYPE II -20 Approval of Appointment(s) Under the Consent Agenda It was MOVED by Mr. Booth, seconded by Ms. Kiefer, and unanimously adopted by voice vote, to approve the following appointment(s) under the Consent Agenda: Tompkins County Youth Board Gale Smith — Town of Ithaca Representative — Term to expire December 31, 2004 Economic Development Loan Oversight Committee — to serve at the pleasure of the Board County Attorney — Jonathan Wood Planning Commissioner — Edward Marx County Representative — George Totman Report from the Budget and Capital Committee Mr. Penniman, Chairman, reported the Budget and Capital Committee met on March 26t. He distributed the following documents and provided the Board with an overview of each: Current Budget Projections for 2003 109 April 2, 2002 "If we implemented all of the programs that are either currently operating or proposed for 2003, it amounts to about a $5 to $7 million deficit in our budget for calendar year 2003. That statement is based on the following assumptions: 1. That we continue all current County programs in our base budget, including negotiated salary increases, (about a $2 million increase in spending over 2002); 2. That we continue some programs that are not currently part of our base budget, including some of the Alternative to Incarceration programs, (about a $1 million increase to the base budget); 3. That we implement most capital programs that are currently in the planning stages (about $3 million per year in new spending). Note: If ALL capital projects actually come on line in 2003, (very unlikely) it could push the total deficit for 2003 to $7 million. "So now that we have finished accounting for all income and expenses for 2001, we have a clearer picture of our fmancial health. Unfortunately, that picture is not a pretty one. We now know for certain that we are facing a large budget deficit beginning in 2003. The only real question is how large a deficit it will be. "I want to stress here that there are a number of assumptions built into our budget forecasting, ranging from sales tax revenue to DSS caseloads. One very big set of assumptions has to do with the State budget. Our projections are based on the assumption that Governor Pataki's Executive Budget, released in January, will be passed in its present form. Now we know that State revenues for January and February, 2002 were well below the Governor's forecasted amounts, so there is little reason to believe that items not currently proposed in the State Budget will be added. In fact, there is some speculation that State spending will be reduced. How did our projected deficit situation develop? "There are a number of factors that have led to our current fiscal deficit. First, we have known for several years that some of our planned capital projects would be difficult to finance without increasing our overall annual spending. That has been evident from spreadsheets we have been looking at for the past couple of years, and it has been referred to as the "deferred tax increase". So that part of this is not a big surprise. But several new and enhanced factors are contributing to the current situation. "Over the past several months we have gotten bad news from a wide range of sources. 1. A reduced amount of surplus cash from 2001 that is available to cover future expenses; 2. Reduced sales tax revenue projections, due to a slowing economy and the slow progress of retail development in the County. 3. Reduced State aid, particularly for highway maintenance. 4. Increased costs to cover new County responsibilities with the expected change in the PINS age. 5. Increased costs for some Medicaid programs, due in part to reduced Medicare coverage in some areas, and also due to increased caseloads in other areas. 6. Increased costs for health insurance for County employees. 7. Increased pressure to expand the Jail. 8. Continued pressure to move County offices out of the County Courthouse building, to allow for the growing needs of the State court system. So how are we going to address this situation? "To pay for a $6 million increase in County spending for 2003 would require a 30 percent property tax increase. (It takes a five percent increase in property taxes for each $1 million increase in spending.) I am assuming that none of the County Board members are even contemplating a tax increase of this magnitude, so we are beginning to work on a number of measures to reduce spending, both during the 110 April 2, 2002 current year and in the future. Some of those measures will be implemented immediately, and others will be considered as part of the 2003 budget process. "In the past week, a number of measures have been proposed to bring County spending in line with revenues. Some of the proposed measures, mainly relating to controls on spending during 2002, were discussed at the last meeting (this past Tuesday) of the Budget and Capital Committee, which was attended by about fifteen County Department Heads. Some of the controls that have been proposed are: • A firmer approach to our current hiring freeze, with very strong arguments required to allow the filling of any vacancies; • Strict limitations on positions that may be reclassified, with Board approval required. • New limitations to be placed on purchases and contractual agreements. • Greater restrictions to be placed on the use of surplus funds that are rolled over from 2001. • Limitations on the ability of Departments to transfer funds from personnel lines to other lines in their budget. • A ban on all overtime pay except emergency employees. • A review of all fees currently charted by the County for various services. • A reversal of our policy that currently reimburses Departments for replacement pay for workers who are out on disability for more than 60 days. Summary of Budget Committee discussion "Several department heads argued strenuously that they need many of the items on this list to give them the tools to manage their departments effectively. They suggested that the Board give them a dollar amount or percentage to cut out of their budgets. Based on this discussion and follow-up meetings with County staff, a revised list of proposals for addressing the budget crisis has been developed by Steve Whicher. Process issues to address: "We may wish to revise both the budget process and the budget calendar for this year, due to the need for immediate budget reductions for 2002. "One change that I would propose is to have some program committee involvement with the 2003 budget before department heads make their final budget requests. Because of the magnitude of cuts that might be proposed this year, and the long lasting effect that some of those cuts may have on the public, I think it is critical that we have an extensive discussion of priorities at that early stage of the process. The meetings that all program committees will be having over the next month, relating to immediate budget cuts, will help serve to initiate a discussion regarding additional budget cuts that may be implemented during 2003. So in a sense, we are starting the 2003 budget process much earlier than usual. Other issues: "Which capital projects to pursue first, and based on what criteria and how to allocate $3 million in surplus funds from 2001, and whether to modify our current "Rollover Policy". Mr. Whicher reported on activities that have taken place since the Budget and Capital Committee meeting. He stated that subsequent to that meeting he and Kathy Smithers met with four department heads. Their recommendation and one that was supported the following day by the entire group of department heads is to support the concept of tightening down ori hiring and creating a fiscal management committee. He said department heads want to be assured they will have rollover funds available to them in the future, and also understood they should not be transferring money from personnel lines to other lines in their budgets. Mr. Whicher said he has asked all department heads to prepare a ten percent 111 April 2, 2002 annualized cut scenario for 2002, followed by an additional ten percent cut scenario in 2003 for a total of 20 percent. He said because departments would also have to absorb payroll increases, these cuts would amount to a budget cut greater than 25 percent. Mr. Whicher said many of the scenarios that have come forward for 2002 will likely make sense and it will be possible to implement many of them. However, the 2003 scenarios will bring forward issues that will be very difficult for the Board to accept. He stressed this is a budget year that is very different than any in the past. Mr. Whicher commended the efforts of department heads and said they presented many imaginative and creative ideas to address this problem. Mr. Penniman concluded the Committee report and stated these issues will continue to be discussed at the next Committee meeting on April 9th. Mr. Joseph raised the issue of how a budget situation such as this impacts County employees. He said when the Board begins discussing reductions of this magnitude people in the organization know their jobs are potentially in jeopardy. He said while this is undoubtedly true, the Board has a commitment to the well-being of the County's employees. He said part of the reason the Board is looking so early at getting control of the situation is so that any cutbacks that do have to happen may happen by attrition if at all possible. Mr. Joseph said the Board cannot promise there will be no layoffs, however, we will work towards minimizing them. Mr. Whicher clarified that departments are being asked to prepare scenarios and that no decision to cut any program or service has been made at this time, and it is highly unlikely that all cuts will be made. Mr. Booth stated he agrees with Mr. Joseph's comments and stated terminating employees would cost the County a substantial amount of money both in human terms and financially. He thanked Mr. Whicher for following through to create a fiscal management committee. Ms. Robertson asked if any consideration had been given to department's raising revenue from grants. Report from the Public Safety Committee Mrs. Schuler, Chair, reported the Committee will meet on April 4th at 12:30 p.m. She announced that that evening the State Emergency Management Office will be sponsoring a public officials conference at 6 p.m. at the Holiday Inn. Mrs. Schuler also announced free rabies clinics will take place this spring and she will supply Board members with information. She also reminded Board members that Dr. Mark Umbreit will be doing a presentation on April 17th on "Responding to Victims and Offenders - what works." Report from the Health and Human Services Committee Mr. Winch, Chairman, reported the Committee will meet on April 9 at 9 a.m. He said Mrs. Schuler passed on a letter that was addressed to her from the Day Care and Child Development Council that included an announcement of an Open House to be held on April 10 from 4:30 p.m. to 7:30 p.m. Mr. Winch said one thing he has been working on as Chairman of this Committee is convening a meeting of many different human services agencies that work with instruction for financial management for clients. He said he is convening a meeting to see if those who are doing financial training can look opportunities to work together or consolidate some programs in a more cost-effective way. Mr. Winch said the meeting is scheduled for April 26 at 10 a.m. at Cooperative Extension. 112 April 2, 2002 Report from the Information Technology Services Policy Committee Mr. Winch, Chairman, reported the Committee met on March 20th. He said they revisited the Committee's charge and the goals of the Information Technology Services Department. They are continuing to have discussion about what the role of the ITS Department is. He said many new programs involve grants and they need to make sure this Department is brought into the planning stages in order to make sure they can cover the work that will be necessary in implementation of the grant. He said ITS costs should be included in the overall cost of any project. Mr. Whicher provided the Board with an update on the CISNET program. He said after performing an evaluation of the project, he changed the direction and restaffed the project. Mr. Whicher said his evaluation of the overall project was that it could not be sustained if implemented because it did not have a customer base that would support the project. He said the project has been redefined and has started up once again. He said the new project is moving along well and will now primarily be a linking project to communicate system to system. Mr. Whicher stated this project was originally scheduled to cost $1 million. He believes the remaining balance of $160,000 will be adequate to complete the remainder of the project. Mr. Whicher said this project will require some staffing support from the Information Technology Services Department. He said if the project is not completed, there is approximately a $400,000 liability in grant money that would need to be repaid. Report and Presentation of Resolution(s) from the Public Works Committee Ms. Blanchard, Chair, reported the Committee met on March 21. At that meeting the Committee discussed a number of items on the agenda that involved the expenditure of funds, including several position requests (all of which were included in the 2002 budget), the purchase of several trucks, and information about a pavement management system that takes the guess work out of determining the most cost-effective approach to maintenance and improvement of County roads. She said the Committee deferred action on the positions until they could become more completely informed about the budget challenges and discussed how to make smart spending decisions. She stated the pavement management system is a good example. They are currently using a very simple system that Cornell makes available free and is pretty much based solely on observation of road condition by various individuals, their evaluation of this information and recommendations based on professional judgement. The type of system we are considering will let us evaluate alternative maintenance strategies and conclude which are most cost-effective over the long haul. Ms. Blanchard also reported Mr. Winch is working with a team to develop a Project Approval Process that will ensure that all bases are touched as the County moves forward on buildings, roads, and other projects. This process, which she expects the Committee to review very soon, will require sign off at various points along the way by the individuals who are responsible for specific steps, such as SEQR determination, notification to municipalities, contractual arrangements, required resolutions, and so forth. She stated that the Committee learned that the obstruction removal project at the Airport that was authorized a short time ago is underway and should be completed by now. Ms. Blanchard also reported on the Public Works Cabinet meeting and stated she has been meeting with members of the Cabinet which includes managers for Highways/Bridges, Facilities, the Airport, and Solid Waste, as well as the County Administrator, on a monthly basis and coordinated by the Public Works Administrator. She stated at the meeting this morning she learned from them how they are approaching the County Administrator's message regarding budget scenarios and is very impressed with their calm, business -like approach to developing the type of information the Board will need to make some hard choices. Ms. Blanchard stated she feels confident that the Committee is going to be presented with the information it needs to make those choices and she is feeling much better about how the Board is going to deal with the budget situation this year. 113 April 2, 2002 The next meeting will be April 4. She asked all Committee members to review the revised goals in preparation of that meeting. RESOLUTION NO. 55 - SUPPORTING THE REQUEST FOR AN AREA SPEED LIMIT IN ELLIS HOLLOW, TOWN OF DRYDEN MOVED by Ms. Blanchard, seconded by Ms. Robertson. Mr. Winch expressed concern for the traveling public. He said County roads are generally connecting roads for connecting highways or large areas of housing going into a municipality. He said those connector roads are for the traveling public as well as the residents who reside there. Mr. Winch stated there is a well-established process that will be used to review this. He stated he would like the New York State Department of Transportation (NYSDOT) to receive the message that he wants someone looking out for the traveling public. Ms. Blanchard said she could understand Mr. Winch's concerns but said they have learned that the NYSDOT has already made up their mind. She asked that Mr. Winch support the resolution in the spirit of fellowship to Dryden. Mr. Totman agreed with Mr. Winch's comments, however, he feels this resolution is only asking the State to take another look at this issue. Mr. Lane said he supports this resolution and stated the Town of Dryden has adopted a resolution asking that these speed limits be reduced. A voice vote resulted as follows: Ayes - 14, Noes - 1 (Representative Winch). RESOLUTION ADOPTED. WHEREAS, Tompkins County will be designing a major reconstruction of Ellis Hollow Road in 2002, which will involve permanent changes to serve the community for years to come, and WHEREAS, the Ellis Hollow area experiences a very large number of neighborhood residents and people from outside the immediate area, who bike, jog, and walk on the area's roads for recreation and to commute to Ithaca and Cornell University, and in addition to residential growth in Ellis Hollow itself, new home construction in Brooktondale and farther east along Route 79 has greatly increased commuter traffic and recreational use through Ellis Hollow, and WHEREAS, according to County Highway Division statistics, Ellis Hollow Road has the second highest number of deer killed in the County, almost three times the number on the next -highest roads in the County, and WHEREAS, recently the New York State Department of Transportation (NYSDOT) reduced the speed limit on the one portion of Ellis Hollow Creek Road (between Ringwood Road and Ellis Hollow Road) to 40 mph, and WHEREAS, on January 9, 2002, the Dryden Town Board voted unanimously to support a change in the speed limits in the Ellis Hollow community (along identified sections of Ellis Hollow Road, Ellis Hollow Creek Road, Turkey Hill Road and Genung Road) to be consistent with the 40 mph limit on Ellis Hollow Creek Road, now therefore be it RESOLVED, on recommendation of the Public Works Committee, in concert with the Dryden Town Board, and the Tompkins County Highway Division, That the Tompkins County Board of Representatives supports the request to the NYSDOT that the speed limits along the identified four roads be lowered as appropriate. SEQR ACTION: TYPE II -20 RESOLUTION NO. 56 — AUTHORIZATION TO EXECUTE RIGHT-OF-WAY FUNDING AGREEMENT WITH NEW YORK STATE DEPARTMENT OF TRANSPORTATION — BROOKTONDALE BRIDGES, BINS 3314100 (LOUNSBERY ROAD) AND 1045990 (VALLEY ROAD) MOVED by Ms. Blanchard, seconded by Mr. Proto, and unanimously adopted by voice vote. WHEREAS, a Project for the `Brooktondale Bridges" over Six -Mile Creek, BINS 3314100 and 1045990, P.I.N. 375319, (the Project) in the Town of Caroline, is eligible for funding under Title 23 114 April 2, 2002 United States Code, as amended, that calls for the apportionment of the costs of such program to be borne at the ration of eighty percent Federal funds and twenty percent non -Federal funds, and WHEREAS, Resolution No. 248 adopted on October 19, 1999 approved the Project and authorized execution of an agreement with the New York State Department of Transportation regarding administration and funding of Scoping, Design (Phases I -VI) and Right -of -Way Incidentals, and WHEREAS, the County of Tompkins desires to advance the above project by making a commitment of one hundred percent of the non -Federal share of the costs of Right -of -Way Acquisition, and WHEREAS, in order to expedite advancement of the Project and realize potential total project cost reductions, the New York State Department of Transportation requires the County to appropriate one hundred percent of the project costs and then file for reimbursement of eligible costs, now therefore be it RESOLVED, on recommendation of the Public Works 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 one hundred percent of the Federal and non -Federal share of the costs of Right -of -Way Acquisition work for the subject Project or portions thereof, RESOLVED, further, That the sum of $17,000 is hereby made available within account HZ5103.59239.53.07, Brooktondale Capital Project Account, to cover the cost of participation in the Right -of -Way Acquisition 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 Tompkins County 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 the Tompkins County Highway Manager be and hereby is authorized to execute all necessary agreements, certifications, and 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 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 the appropriations therefore 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 Project, RESOLVED, further, That this resolution shall take effect immediately. SEQR ACTION: TYPE II -21 RESOLUTION NO. 57 - AUDIT OF FINAL PAYMENT — TOMPKINS COUNTY MAIN • COURTHOUSE HVAC — SHISLER ELECTRICAL CONTRACTOR, INC. MOVED by Ms. Blanchard, seconded by Ms. Kiefer, and unanimously adopted by voice vote. WHEREAS, Shisler Electrical Contractor, Inc. has completed their contract for the Tompkins County Main Courthouse HVAC renovations, now therefore be it RESOLVED, on recommendation of the Public Works 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 SHISLER ELECTRICAL (3) final HB1601-16.43 $10,807.50 CONTRACTOR, INC. RESOLVED, further, That the Finance Director be and hereby is authorized and directed to pay said claim from Account No. HB1601-16.43. SEQR ACTION: TYPE 11-20 115 April 2, 2002 Report and Presentation of Resolution(s) from the Planning Committee Ms. Kiefer, Chair, reported the Committee met on March 21. A major portion of that meeting was taken up discussing the Vital Communities Initiatives and how the Planning Committee plans to proceed with that. She stated there was concern expressed by the Committee about calling them "draft" principles, if adopted and discussed whether to call them "interim" principles. The Committee decided they had to wait until after the Municipal Officials Association meeting so they could hear their opinion. They also felt they need to get more formal feedback from municipalities and will proceed with getting that information in time for the May 16 Planning Committee. Ms. Kiefer reported the Environmental Management Council is developing a protocol for listing any future unique natural areas. She said a guest from the Town of Newfield was in attendance to hear the discussion about gas and oil drilling on County land. This guest shared her experiences with the drilling companies, and stated the drilling company was absolutely unwilling to make any changes to the leases offered to individuals. Two particular areas of concern were the protection of the water supply in certain areas of Newfield and that there is no obligation for the town board to be involved. The next meeting will be April 181 at Cooperative Extension; the meeting will focus on leases for drilling on County -land, PDR recommendation from staff, and a presentation on the draft Water Quality Strategy. RESOLUTION NO. 58 - APPROPRIATION OF 2002/2003 BUDGETS FOR THE ITHACA-TOMPKINS COUNTY TRANSPORTATION COUNCIL MOVED by Ms. Kiefer, seconded by Mr. Penniman, and unanimously adopted by voice vote. 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 2002/2003 fiscal year, beginning April 1, 2002 and ending March 31, 2003, in the amounts of $196,577 from the Federal Highway Administration and $35,068 from the Federal Transit Administration, and WHEREAS, the Policy Committee of the Ithaca -Tompkins County Transportation Council has adopted resolution 02-1, APPROVAL OF THE 2002-2003 ITHACA-TOMPKINS COUNTY TRANSPORTATION COUNCIL OPERATING BUDGET, which requests that the Host Agency (Tompkins County) take the appropriate actions to fully implement said operating budget, now therefore be it RESOLVED, on recommendation of the Planning Committee, That the budgets for the Ithaca - Tompkins County Transportation Council, as presented in "ATTACHMENT A" to this resolution, be amended in the 2002 Tompkins County budget and that the County Finance Director be authorized to expend such funds for the period from April 1, 2002 through March 31, 2003. SEQR ACTION: TYPE II -20 Resolution No. 58 of 2002 ATTACHMENT A 116 April 2, 2002 2002-2003 ITCTC OPERATING BUDGET .4959 REVENUES: FEDERAL AID $196,577 $35,068 $231,645 EXPENSES: COMBINED SALARIES $110,884 $19,568 .8800 FRINGE 28,830 5,088 .2206 COMPUTER EQUIPMENT 2,500 1,000 .2210 OTHER EQUIPMENT 1,000 1,000 .2212 FURNITURE & FIXTURES 1,000 500 .2230 COMPUTER SOFTWARE 500 500 .4302 OFFICE SUPPLIES 2,000 1,000 .4330 PRINTING 2,000 1,000 .4332 BOOKS/PUBLICATIONS 1,338 500 .4400 PROGRAM EXPENSE 20,000 0 .4402 LEGAL ADVERTISING 2,000 0 .4412 TRAVEL/TRAINING 3,000 1,000 .4414 LOCAL MILAGE 2,000 1,000 .4416 PROFESSIONAL DUES 500 500 .4424 EQUIPMENT RENTAL 4,000 0 .4425 SERVICE CONTRACTS 2,000 0 .4432 RENT 2,000 500 .4442 PROFESSIONAL SERVICE FEES 1,000 987 .4452 POSTAGE SERVICES 4,000 0 .4472 TELEPHONE 3,000 50 130,452 33,918 3,500 2,000 1,500 1,000 3,000 3,000 1,838 20,000 2,000 4,000 3,000 1,000 4,000 2,000 2,500 1,987 4,000 3,050 .4618 INTERDEPARTMENTAL CHARGE 500 500 1,000 .4905 CENTRAL COST ALLOCATION 2,525 375 2,900 TOTAL EXPENSES $196,577 $35,068 $231,645 Report from the Government Operations Committee Mr. Koplinka-Loehr, Chairman, reported the Committee has not met since the last Board meeting. The next meeting will be April 9th. At that meeting the Committee will likely be discussing some of the implications of the budget situation. Report and Presentation of Resolution(s) from the Economic and Workforce Development Committee Mr. Lane, Chairman, reported the Committee has not met since the last Board meeting. The next meeting will be April 14th at 2 p.m. 117 April 2, 2002 RESOLUTION NO. 59 - AUTHORIZING A PUBLIC HEARING ON PROPOSED LOCAL LAW NO. 1 OF 2002 - AMENDING SECTION 150-12(D) OF THE TOMPKINS COUNTY CODE - DEFINITION OF BED - AND -BREAKFAST INNS MOVED by Mr. Lane, seconded by Mr. Totman. Ms. Kiefer said she thinks of Bed and Breakfast establishment as owner -occupied, small buildings with a handful of rooms that serve breakfast. She said the way it is being defined in the local law is they do not have to be owner -occupied and that they do not have to serve breakfast. She said she recalled a conversation with Mr. Totman who pointed out the building code says that bed and breakfasts may have up to four bedrooms. Mr. Lane said he does not support this notion because this has been discussed by board committees both last year and this year. The language in this law represents a compromise and he feels it is not the Board's responsibility to dictate how these businesses are operated. Ms. McBean said she feels the key factor that differentiates between an establishments being a hotel or not is that is be owner -occupied. She said it is important that language that makes this differentiation clear be represented in the local law. It was MOVED by Ms. Kiefer, seconded by Mr. Proto, to amend the local law to require these establishments to serve breakfast. A voice vote on the motion resulted as follows: Ayes - 2 (Representatives Kiefer and Proto); Noes - 13. MOTION FAILED. It was MOVED by Ms. Kiefer, seconded by Mr. Proto, to amend the local law to require Bed and Breakfasts to be owner -occupied. A voice vote on the motion resulted as follows: Ayes - 4 (Representatives Kiefer, McBean, Proto, and Schuler); Noes - 11. MOTION FAILED. It was MOVED by Ms. Kiefer, seconded by Mr. Proto, to amend the local law to state "there will be no more than four rooms". A voice vote on the motion resulted as follows: Ayes - 1 (Representative Kiefer); Noes -14. MOTION FAILED. A voice vote on the original resolution resulted as follows: Ayes - 15, Noes - 0. RESOLUTION ADOPTED. RESOLVED, on recommendation of the Economic and Workforce Development Committee, That a public hearing be held before the Board of Representatives in Board Chambers of the Tompkins County Courthouse, 320 North Tioga Street, Ithaca, New York, on Tuesday, April 16, 2002, at 5:30 o'clock in the evening thereof concerning proposed Local Law No. 1 of 2002 - Amending Section 150- 12(D) of the Tompkins County Code - Definition of Bed -and -Breakfast Inns. 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 -20 Report and Presentation of Resolution(s) from the Communications Capital Project Committee Ms. Blanchard, Chair, reported the Committee met on March 26th and approved a resolution to move the proposed site of the Public Safety Communications Center from the South Hill site to a new site at the Airport. The Committee used that meeting to once again state the mission/purpose and approach they are taking to the County's communication system. She stated that mission as follows: "Our mission is to provide the maximum level of portable radio coverage at the lowest cost and with a minimum impact on the environment. Our preferred approach is an 800 mHz system but there 118 April 2, 2002 must be fall -back options and we are currently actively encouraging potential vendors to recommend alternatives to the 800 mHz model." Ms. Blanchard reported the RFP that has been out for comment has received tremendous response from the public and system vendors. These comments have been reviewed and where applicable are being incorporated into the final RFP which will be released this month. She said there will be a pre-bid conference with potential vendors and they will use that opportunity to reinforce interest in alternative systems. The Committee also heard an update on the paging project. RESOLUTION NO. 60 - AUTHORIZATION TO EXPEND FUNDS FOR THE PUBLIC SAFETY COMMUNICATIONS SYSTEM, PROPOSED PAGING CAPITAL PROJECT MOVED by Ms. Blanchard, seconded by Mrs. Schuler. Ms. Blanchard reported the paging system project is approaching a milestone. ACD Telecom, the consultant hired to do a frequency search, has recommended the County acquire 460.275 mHz, which is a public safety frequency. The consultant also explored the use of frequencies in the "business band" with the hopes of sharing the use of a paging system with others in the county but the first option is to pursue obtaining a license for using 460.275 mHz as the Countywide paging frequency. She stated the draft propagation study for the paging system arrived late last week and is being studied by the paging project team. The fmal report for the system design is due in mid-April, about two weeks behind the original target date of April 1. Ms. Blanchard said this resolution authorizes the expenditure of up to $5,000 for consultant time to begin the licensing process for the paging system. Frequencies are available on a first-come, first-served basis from the Federal Communications Commission. The plan is to begin the licensing process as soon as the preliminary system design has been reviewed. The final system design will be influenced by the decision on the E911 Dispatch Center. A voice vote on the resolution resulted as follows: Ayes - 15, Noes - 0. RESOLUTION ADOPTED. WHEREAS, the County has established the Public Safety Paging System as a capital project (Project No. 34.19) and the Board of Representatives formed the Communications Capital Projects (COMCAP) Committee to develop and advance the project, and WHEREAS, Resolution No. 275 of 2001 was passed by the Board of Representatives, on recommendation of the Communications Capital Projects Committee, to obtain design consulting services from United Radio Services, Inc., of Syracuse, New York, related to the replacement of the current emergency paging system, not to exceed the total amount of $15,000.00, and WHEREAS, ACD Telecom, Inc., has performed a frequency search and analysis recommending that the County immediately pursue a new frequency for paging use (460.275 MHz), and WHEREAS, outside consultants and contractors are required to complete this phase of the project which includes frequency coordination and application to the Federal Communications Commission to obtain an operational license for the new paging frequency, now therefore be it RESOLVED, on recommendation of the Communications Capital Projects Committee, That a scope of services be issued under Contract No. ADM -02-0129, with ACD Telecom, Inc., to coordinate Federal Communications Commission filing for a new paging frequency and any other related actions, not to exceed the total amount of $5,000, RESOLVED, further, That the County Administrator is hereby authorized to enter into this contract and to execute change orders of up to five (5) percent of the contract total, RESOLVED, further, That County Administration be authorized to implement this contract on behalf of the County, funds being available in Capital Account No. HF3419.59239. SEQR ACTION: TYPE II -20 119 April 2, 2002 Ms. Blanchard continued her Committee report, stating there was extensive discussion on the pros and cons of Logical Trunked Radio, but since this will be one of the alternatives to 800 mHz, this will be discussed at a later date. She concluded her report with the resolution that follows, which changes the preferred site of the new Communication Center from South Hill to a site at the Tompkins County Airport. She emphasized that the intermunicipal cooperation that was received on this project sets a high standard for the future. The next meeting will be April 23 at 11:30 a.m. RESOLUTION NO. 61- CHANGING THE PREFERRED SITE FOR A TOMPKINS COUNTY COMMUNICATIONS CENTER FROM SOUTH HILL FIRE STATION #5 TO A SITE ON AIRPORT LAND ADJACENT TO THE CRASH/FIRE/RESCUE BUILDING AND AUTHORIZING THE PREPARATION OF BUILDING CONSTRUCTION DOCUMENTS MOVED by Ms. Blanchard, seconded by Mr. Totman, and unanimously adopted by voice vote. WHEREAS, Tompkins County has determined as a matter of policy to centralize public safety communications functions into one location, and WHEREAS, a temporary location in Central Fire Station in the City of Ithaca is currently being used for this purpose, and WHEREAS, the County Board by Resolution No. 56 of 2001 designated South Hill Fire Station #5 (SHFSS) as the site for the facility, and WHEREAS, for many months the Communications Capital Projects Committee has studied the selected site and proposed building and has learned that the site known as South Hill Fire Station #5 requires a structure design that will not fall within budget, and WHEREAS, the Communications Capital Projects Committee, recognizing the need to move rapidly to construct the communications center so as to relieve the overcrowded condition in the temporary facilities at Central Fire Station, recommends that a site immediately south of the current Crash/Fire/Rescue (CFR) building within the confines of the Ithaca Tompkins Regional Airport be designated as the preferred site, and WHEREAS, this site is not being used by the Airport, is not proposed for future Airport uses, and preliminary permission to use said site has been granted by the FAA, and WHEREAS, a less complex structure can be utilized on this site to accommodate the necessary program elements within budget parameters, now therefore be it RESOLVED, on recommendation of the Communications Capital Projects Committee, That the site immediately to the south of the current CFR building is designated as the preferred site for the Public Safety Communications Center, RESOLVED, further, That the County Administrator is authorized and directed to prepare the requisite building construction estimates and documents necessary to advance this project rapidly, RESOLVED, further, That letters of thanks and commendation be sent to the Town of Ithaca, City of Ithaca and Ithaca College recognizing their efforts to form a working partnership and provide significant support for the development of the project on the South Hill site. SEQR ACTION: TYPE II -20 Report from the Charter Review Committee Mr. Lane, Chairman, reported the Committee continues to review various sections of the County's Charter. The last meeting was spent discussing the County Clerk and the Department of Social Services. Report from the Space Needs and Location Committee Mr. Joseph, Chairman, reported the Committee will meet on April 10. They are in the process of acquiring outside consultant services to help evaluate possible projects. 120 April 2, 2002 Report from the Public Safety Building Space Planning Committee Mr. Joseph, Chairman, reported the Committee has not met since the last Board meeting. Staff is presently looking at options and compiling information. Additional Report from the County Administrator Mr. Whicher reported he will be meeting with agencies tomorrow afternoon to go over the budget situation. Comment by the Chair Mr. Joseph recognized the number of times the Board turned to County staff for help tonight and expressed the Board's appreciation for the many additional hours that are spent working on Board meeting days. Approval of Minutes of March 19, 2002 It was MOVED by Mr. Proto, seconded by Mr. Winch, and unanimously adopted by voice vote, to approve the minutes of March 19, 2002 as submitted. MINUTES APPROVED. Adjournment On motion the meeting adjourned at 7:12 p.m. 121 April 16, 2002 Regular Meeting Public Hearing — Proposed Local Law No. 1 of 2002 — A Local Law Amending Section 150-12(D) of the Tompkins County Code — Definition of Bed -and -Breakfast Inns Mr. Joseph called the public hearing to order at 5:30 p.m. concerning proposed Local Law No. 1 of 2002 — A Local Law Amending Section 150-12(D) of the Tompkins County Code — Definition of Bed - and -Breakfast Inns. Mr. Joseph asked if anyone wished to speak. Eleanor Carey, Chair of the Bed -and -Breakfast Association, spoke to the Board in support of proposed Local Law No. 1 of 2002 entitled A Local Law Amending Section 150-12(D) of the Tompkins County Code — Definition of Bed -and -Breakfast Inns. Mr. Joseph asked if anyone else wished to speak. No one else wished to speak and the public hearing was declared closed at 5:31 p.m. Pledge of Allegiance to the Flag and Roll Call of Members Members and guests participated in the Pledge of Allegiance to the Flag. Present: 12 Representatives. Excused: 3 (Representatives Blanchard, Koplinka-Loehr, and Proto). DeWitt Historical Society Quilt Chair Joseph introduced Matt Braun, Executive Director of the DeWitt Historical Society, and indicated that Mr. Braun would be providing information relevant to the new quilt that is hanging in the Board Room. Mr. Braun said he was reminded today that on April 17, 1817, the County of Tompkins was established as the fiftieth county out of sixty-two counties within New York. He then provided the following narrative with regard to the quilt: "In 1996, quilter Patty Elwin Davis created a project suitable for celebrating the rollover into the new millennium. Her inspiration was nurtured with the assistance of Tompkins County Historian, Gretchen Sachse, and then archivist of the DeWitt Historical Society, Susan Robey. Together, they selected one hundred photographs they believed best exemplified important events in Ithaca's history during the last century. Patty claimed it was hard work to choose the ten scenes that fmally found their way onto her quilt. Although representing pivotal events in the twentieth century Ithaca history was her main goal, she also picked images that would transfer well to the quilting medium. It took three years of research and stitching, but in 1999, Patty triumphantly completed her quilt entitled "100 Years of Ithaca History." The quilt was donated to the DeWitt Historical Society in January 2000 where it will be cared for in the future." Presentation of Proclamation(s) Chair Joseph presented the following proclamation(s): Restorative Justice Week — April 14-22, 2002 — to Judy Saul, Director of the Community Dispute Resolution Center and Sue Robinson, Tompkins County Domestic Violence Prevention Coordinator Alcoholism Awareness Month — April 2002 — to Mary Agnew, Executive Director, Alcoholism Council of Tompkins County Suicide Survivor's Day — May 4, 2002 and Suicide Prevention Week — May 4-11, 2002 — to Chris Bertleson, Suicide Prevention and Crisis Services Federation of New York Insurance Professionals Week — April 22-28, 2002 122 April 16, 2002 Privilege of the Floor by the Public Katy Williams, City of Ithaca, thanked the Board for the public forum and the ability to freely speak to the legislature. She said she was most concerned with the State mandate that the Tompkins County Jail be expanded to provide more space to house inmates. She said she sees how incarceration harms not only the detainee but the families as well and causes a cycle of repetitive behavior that continues to fill our jails. She noted that the majority of those in jail are there due to the lack of obtaining bail and asked that judges carefully weigh the decision to set bail at a level not able to be met. She feels that alternatives to incarceration that are workable and appeal to the target client must be utilized as well as counseling and psychiatric evaluations prior to sentencing. Privilege of the Floor by Board Members Mr. Lane, District No. 14 Representative, spoke about the proposals being made at the State level regarding Economic Development Zones; one of which will add more zones, the other would increase the size of the zone from two square miles to two -and -one-half square miles. He felt that we are at a disadvantage in Tompkins County by not having an Economic Development Zone. He said that there are arguments that if all counties have the zones that they lose their value, however, he does not feel it is the case. He felt that having a zone would assist in the recovery of upstate New York by providing more positions for the citizenry. Resolution of Appreciation — John L. "Jack" Miller Mrs. Schuler read the following Resolution and presented it to Mr. Miller. Mr. Miller thanked the Board for acknowledging his thirty years of service to Tompkins County. Mr. Miller then received a standing ovation by members of the Board, County staff, and guests present. Mr. Joseph said that Mr. Miller's work was much appreciated. RESOLUTION NO. 62 - RESOLUTION OF APPRECIATION, JOHN L. "JACK" MILLER MOVED by Mrs. Schuler and unanimously seconded and carried. WHEREAS, John L. "Jack" Miller began his career with Tompkins County in January, 1972 as the Fire and Disaster Coordinator, and WHEREAS, for the past thirty years, Jack has worked tirelessly for the life safety of the residents of the County of Tompkins, and WHEREAS, Jack has dedicated his time and energy to acquiring funding to develop resources that provide training and support for firefighters and has been effective at it, and WHEREAS, Jack initiated a non -duplicating system of house numbers and street names, creating and updating the information bank for our 911 system, and WHEREAS, Jack knew the quirks of our communication system and has personally nurtured, climbed the towers, and maintained their parts with care and sometimes with duct tape, and WHEREAS, Jack has always been a good procurer in his diligence to find the best price for all the equipment under his watch, and WHEREAS, Tompkins County has been made safe and secure by having Jack Miller as the Fire and Disaster Coordinator, now therefore be it RESOLVED, That the Board of Representatives, on behalf of Tompkins County, profoundly appreciates Jack Miller's thirty years of dedicated service to the County of Tompkins and thanks him for it and wishes him and his family a happy retirement free of emergencies. SEQR ACTION: TYPE II -20 123 April 16, 2002 Privilege of the Floor by Board Members (continued) Ms. Kiefer, District No. 10 Representative, reported that at the Water Resources Council meeting held on April 15, 2002 she received information indicating that the Department of Environmental Conservation draft 303(d) list indicates that the southern portion of Cayuga Lake as considered impaired. She felt that this is important information to share with the Board and public. Ms. McBean, District No. 2 Representative, encouraged Board Members to visit the DeWitt Historical Society to view the many quilts available and make suggestions of others to be displayed in the Board Room. Ms. Robertson, District No. 13 Representative, informed the Board and public of a program entitled Neighbors Around Cayuga Lake that will be taking place on Saturday, April 20 from 9 a.m. until noon. Several workshops will be taking place and include topics such as planting on slopes, care of ponds, and caring for stream banks, and will begin with an overview of the County's Water Quality Strategy. Ms. Robertson also reported on the information that indicates the importance of education of our children. In Mississippi, a philanthropist has funded a special reading program to assist youth to reach full potential and possibly avoid incarceration. She said that eighty percent of those incarcerated in Mississippi cannot read at a functional level. The connection between reading levels and incarceration can also be seen in other states as well. In California and Arizona, projections of prison cells needed in the future are derived in part by reviewing third grade reading levels. Noting this, she said that it is important to assist youth to grow up well, which reinforces the need for our Alternatives to Incarceration programs. Report from a Municipal Official There was no municipal official in attendance to give a report. Chair's Report and Appointment(s) Mr. Joseph said he is continuing to work closely with staff on the review of budgetary issues and that the County Administrator and Chair of the Budget and Capital Committee will be reporting on the matter later in the meeting. Appointment Mr. Joseph reported that Mr. Lane asked to be relieved of his assignment on the Public Safety Building Planning Committee, and he appointed Representative McBean to replace Mr. Lane on the Public Safety Building Space Committee. Additional appointments were made following the adoption of Resolution No. 74. Report from the County Administrator Mr. Whicher reported he continues to work on budget scenarios that have been prepared by departments that reflect a ten -percent reduction in spending for 2002 and an additional ten percent in 2003. Upon receipt, he will be providing the information to Board members in a spreadsheet form. He said Ms. Smithers, Deputy County Administrator, is working on tracking targets since 1994 to assist in an overall picture of spending. Mr. Whicher will be meeting with department heads on April 17 to discuss the budget situation and the best way to meet and discuss proposals. The Board will receive a packet of information that will include a macro -level analysis, as well as individual department and agency suggestions. Mr. Whicher said a decision has not been made as to how the Board will receive budget information. 124 April 16, 2002 Report from the County Attorney Mr. Wilson, Assistant County Attorney, said that the briefs and arguments have been filed with the Appellate Division by the Town of Ithaca, relative to the Public Works facility addition. Report from the Finance Director Mr. Squires said that The Ithaca Journal had an article in the April 16 edition regarding the Tobacco Settlement Revenues. Mr. Squires explained that every April an annual payment is received at the State level; the Attorney General then notifies municipalities that the revenue is received and provides a distribution date. He said that fifty percent of the total amount received by the State goes to the debt service for the tobacco companies and the balance is forwarded on to a bank in Delaware for disbursement to counties upon application. The County share is .17 percent of the total distribution, and if the amount indicated is in fact sent, the County's total annual share would be approximately $760,000, an amount higher than the $695,000 that was budgeted. Addition of Resolution(s) to the A2enda There were no resolution(s) added to the agenda. Withdrawal of Resolution(s) from the A2enda There were no resolution(s) withdrawn from the agenda. Addition of Resolution(s) to the Consent Agenda The following resolutions were moved to the Consent Agenda: Authorization to Accept an Award of Grant From the New York State Department of Motor Vehicles, Governor's Traffic Safety Committee — STOP -DWI Enhanced Traffic Safety Coordination Grant Authorization to Accept an Award of Grant From the New York State Department of Motor Vehicles, Governor's Traffic Safety Committee — DWI Program Enhanced Grant Refund of Taxes — City of Ithaca (55.-1-1) Refund of Taxes — New York State (37.-1-17) Authorization for Membership — Finger Lakes Entrepreneurs' — Workforce Development Approval of Resolution(s) Under the Consent Agenda It was MOVED by Mr. Winch, seconded by Mr. Penniman, and unanimously adopted by voice vote by members present, to approve the following resolution(s) under the Consent Agenda. RESOLUTION NO. 63 - BUDGET ADJUSTMENTS — VARIOUS DEPARTMENTS MOVED by Mr. Winch, seconded by Mr. Penniman, and unanimously adopted by voice vote by members present, under the Consent Agenda. RESOLVED, on recommendation of the Health and Human Services and Government Operations Committees, That the Director of Finance be directed to make the following budget adjustments on his books: HEALTH AND HUMAN SERVICES COMMITTEE Women, Infants & Child (WIC) (#19) 125 April 16, 2002 Revenue Acct Title Amt Approp Acct Title(s) 4012 44402 WIC Federal Aid $ 882 4012 54400 Program Expense Explanation: Addition by the NYS Department of Health of $882 to the WIC budget specifically to acquire breast pumps and/or collection kits. Department of Social Services (#21) Revenue Acct Title Amt Approp Acct Title(s) 6055 41855 NYSCCBG $283,000 6055 54400 Day Care Explanation: Higher -than -anticipated Day Care expenditures have necessitated our tapping more of the NYS Child Care Block Grant allocation intended for this purpose. Office for the Aging (#23) Revenue Acct Title Amt Approp Acct Title(s) 6776 44772 Federal Revenue $7,008 6776 54491 Subcontract Explanation: Revenue Increase in Title III -C for Foodnet. Office for the Aging (#26) Revenue Acct Title Amt Approp Acct Title(s) 6774 43803 State Revenue ($ 378) 6774 54491 Subcontract Explanation: Revenue Decrease in Supplemental Nutrition Assistance Program (SNAP). GOVERNMENT OPERATIONS COMMITTEE Assessment (#25) Revenue Acct Title Amt Approp Acct Title(s) 6000 51000330 Secretary $30,034 6000 51000765Assessment Account Specialist Explanation: Monies placed in wrong account. SEQR ACTION: TYPE II -20 RESOLUTION NO. 64 - AUTHORIZATION TO ACCEPT AN AWARD OF GRANT FROM THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES, GOVERNOR'S TRAFFIC SAFETY COMMITTEE — STOP -DWI ENHANCED TRAFFIC SAFETY COORDINATION GRANT MOVED by Mr. Winch, seconded by Mr. Penniman, and unanimously adopted by voice vote by members present, under the Consent Agenda. WHEREAS, the STOP -DWI Coordinator has been notified of a grant award from the New York State Department of Motor Vehicles, Governor's Traffic Safety Committee, in the amount of $4,000 and referred to as the STOP -DWI Enhanced Traffic Safety Coordination Grant (Grant #CP -5500042), and WHEREAS, the STOP -DWI Enhanced Traffic Safety Coordination Grant will allow for additional public information initiatives in relation to traffic safety concerns, including but not limited to alcohol, speed, aggressive driving, pedestrian and bicycle safety, now therefore be it RESOLVED, on recommendation of the Public Safety Committee, That the County Administrator or his designee execute all contracts related to this award, RESOLVED, further, That the Director of Finance is directed to make the following adjustments to his books for 2002: BUDGET ADJUSTMENT Revenue A4250.43089 Other State Aid $ 4,000 126 April 16, 2002 Appropriation A4250.54319 Program Supplies $ 1,500 A4250.54330 Printing $ 1,000 A4250.54412 Travel/Training $ 1,500 SEQR ACTION: TYPE II -20 RESOLUTION NO. 65 - AUTHORIZATION TO ACCEPT AN AWARD OF GRANT FROM THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES, GOVERNOR'S TRAFFIC SAFETY COMMITTEE — DWI PROGRAM ENHANCED GRANT MOVED by Mr. Winch, seconded by Mr. Penniman, and unanimously adopted by voice vote by members present, under the Consent Agenda. WHEREAS, the STOP -DWI Coordinator has been notified of a grant award from the New York State Department of Motor Vehicles, Governor's Traffic Safety Committee, in the amount of $29,988, and referred to as the DWI Program Enhancement Grant (Grant #AL -5500091), and WHEREAS, the DWI Program Enhancement Grant will allow for inter -municipal cooperation between law enforcement agencies to schedule and operate multi -agency saturation patrols for the purpose of removing drunk drivers from the streets and highways of Tompkins County, and WHEREAS, the DWI Program Enhancement Grant will allow for the Village of Trumansburg to schedule extra weekly DWI enforcement patrols for the purpose of adding to its existing DWI efforts in the Village of Trumansburg, and WHEREAS, the DWI Program Enhancement Grant will provide the Tompkins County Felony Drug Treatment Court with technology to reliably monitor abstinence from alcohol by providing home alcohol detection units so that daily random alcohol screening can be conducted for high risk defendants, now therefore be it RESOLVED, on recommendation of the Public Safety Committee, That the County Administrator or his designee execute all contracts related to this award, RESOLVED, further, That the Director of Finance is directed to make the following adjustments to his books for 2002: BUDGET ADJUSTMENT Revenue A4250.43089 Other State Aid $29,988 Appropriation A4250.54442 Professional Services $25,000 A4250.52220 Departmental Equipment $ 4,988 SEQR ACTION: TYPE II -20 RESOLUTION NO. 66 - REFUND OF TAXES — CITY OF ITHACA (55:1-1) MOVED by Mr. Winch, seconded by Mr. Penniman, 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 2001 and 2002 tax roll for the Town of Ithaca, namely parcel 55.-1-1, assessed to the City of Ithaca, was erroneously charged for the town Fire Protection District charge, and WHEREAS, the Department of Assessment assessed parcel 55.-1-1 for the town Fire Protection District charge as directed by the Town of Ithaca, and 127 April 16, 2002 WHEREAS, the City of Ithaca and Town of Ithaca neglected to file their agreement with the Tompkins County Department of Assessment to not charge each other's property for fire protection, and WHEREAS, the previous total special ad valorum charge for fire protection was the total assessed value for parcel 55.-1-1 of $2,500,000.00, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the entry on the tax roll for the Fire Protection District be corrected to reflect a total of $0.00 for 2001 and $0.00 for 2002, RESOLVED, further, That the Town of Ithaca Tax Collector is directed to correct the 2000-2001 and 2001-2002 tax roll, RESOLVED, further, That the amount of $9,208.54 for the year 2000-2001 be refunded to the City of Ithaca, RESOLVED, further, That the amount of $9,590.00 for the year 2001-2002 be charged back to the Town of Ithaca, RESOLVED, further, That the amount of $9,590.00 be expunged for the City of Ithaca. SEQR ACTION: TYPE II -20 RESOLUTION NO. 67 - REFUND OF TAXES — NEW YORK STATE (37.-1-17) MOVED by Mr. Winch, seconded by Mr. Penniman, 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 2001-2002 tax roll for New York State, namely parcel 37.-1-17, assessed to David Auble, was erroneously fully charged for the Town and County taxes, and WHEREAS, New York State has purchased a portion of 37.-1-17 (31.64 acres) from David Auble on November 19, 2001, and WHEREAS, New York State notified the Department of Assessment after the Town and County taxes were levied, and WHEREAS, New York State is not to be charged Town and County taxes on State owned land, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the entry on the tax roll for the Town and County taxes be corrected to reflect a total of $86,784.00 for 2002, RESOLVED, further, That the Town of Ithaca Tax Collector is directed to correct the 2001-2002 tax roll, RESOLVED, further, That the amount of $2,759.24 for the year 2001-2002 be expunged for New York State, RESOLVED, further, That the amount of $1,847.21 be charged back to the Town of Ithaca, RESOLVED, further, That the amount of $912.03 be charged back to Tompkins County. SEQR ACTION: TYPE II -20 RESOLUTION NO. 68 — AUTHORIZATION FOR MEMBERSHIP — FINGER LAKES ENTREPRENEURS' — WORKFORCE DEVELOPMENT MOVED by Mr. Winch, seconded by Mr. Penniman, and unanimously adopted by voice vote by members present, under the Consent Agenda. WHEREAS, the Finger Lakes Entrepreneurs' Forum (FLEF) was established in 1995 to provide a mechanism by which entrepreneurs and others concerned with growing enterprises meet regularly and exchange information, and WHEREAS, by becoming a member of FLEF, Tompkins County Workforce Development will gain exposure in the business community and be able to assist the smaller local businesses and business start-ups with their workforce needs where appropriate, now therefore be it 128 April 16, 2002 RESOLVED, on recommendation of the Economic and Workforce Development Committee, That Tompkins County Workforce Development is authorized to become a member of the Finger Lakes Entrepreneurs' Forum, and transfer $100 from CD6290.54491 (Subcontracts) to CD6290.54416 (Membership dues) to cover the cost of the membership. SEQR ACTION: TYPE I1-20 Approval of Appointments(s) Under the Consent Agenda MOVED by Mr. Winch, seconded by Mr. Penniman, and unanimously adopted by voice vote by members present, to approve the following appointment(s) under the Consent Agenda: Tompkins County Water Resources Council Catherine Valentino — Municipal Government Representative — term to expire December 31, 2002 Todd M. Schmit — Municipal Government Representative — term to expire December 31, 2004 Criminal Justice Advisory/Alternatives to Incarceration Board Becky Richmond — At -Large Representative — term to expire December 31, 2004 STOP -DWI Advisory Board Sonja Seamon — Restaurant/Tavern Representative — term to expire December 31, 2004 Board of Health David J. Raimon — City of Ithaca Representative — term to expire December 31, 2007 Report and Presentation of Resolution(s) from the Public Works Committee Mr. Lane, Vice Chair, reported that the Committee met on April 4th. At that time the Committee discussed the possible change of rules and regulations for minimum standards at the Airport; the Charter Review Committee will be looking into the matter before the Committee proceeds further. There was also two requests for filling position vacancies within the Highway Department and Facilities Division. The first was a vacancy of a motor equipment operator position was not approved on a 2-2 vote; and the second, an electrician position within the Facilities division was approved. He said time was spent determining whether to acquire pavement management program software and equipment to assist in providing an accurate record of the road base and composition. Currently, the County utilizes a system of recording data that is provided for a $25 charge by Cornell University, however it only requires a visual inspection of the road surface, noting deficiencies and deterioration. This system does not provide information of the underground structure of the road. The proposed equipment is designed to "bounce" and determine the composition by the shock obtained. It was noted that the funds for the system will come from the existing budget and it will require approximately $15,000 per year to maintain the information. Mr. Lane also said that a discussion occurred regarding flow control and whether to require all generators of solid waste to utilize the County facility for disposal. He said that following a discussion of the potential legal questions coupled with the present success of the Solid Waste Program a majority of the committee decided not to re -implement with flow control. Mr. Booth inquired as to the length of contract for the road management program. Mr. Messmer said that the equipment would be utilized one time and that the data would be reviewed annually. Mrs. Schuler requested more detailed information. Mr. Messmer informed her that all roads would be tested the first year with one-third of the roads checked annually thereafter to maintain information at a cost of $15,000 per year. He said that the current system costs between $5,000 - $10,000 annually to collect and input the data. The new system is anticipated to pay for itself by providing accurate information of both the surface and sub -surface prior to repairs. The anticipated contract period is expected to be on an annual basis. 129 April 16, 2002 RESOLUTION NO. 69 - AWARD OF BID — TOMPKINS COUNTY SOLID WASTE HAULING AND DISPOSAL SERVICE MOVED by Mr. Lane, seconded by Mr. Todd. Ms. Kiefer said that she would not be voting in favor of the resolution based upon her knowledge of the history of Seneca Meadows and concerns of potential liability. She said that the Department of Environmental Conservation noted that Seneca Meadows disposal site is now listed as a 4 or D rating and is not as potentially hazardous as it has been previously. She felt that despite assurances from the County Attorney's office that, since Federal law holds that anyone using the landfill can be held liable, even if the hazardous waste was placed in the landfill prior to the date a client starts using it. Mr. Wilson from the County Attorney's office said that Mr. Wood, County Attorney, had looked into the situation and provided information that stated the portion of the landfill which had previously been considered contaminated is not a level 4 and that the Department of Environmental Conservation had indicated that they did not feel the County would be any more accountable than at any other landfill. The waste would not be in the older section of the landfill but rather the new section that meets current standards. A voice vote resulted as follows: Ayes — 10; Noes — 2 (Representatives Kiefer, and Schuler); Excused — 3 (Representatives Blanchard, Koplinka-Loehr, and Proto). RESOLUTION ADOPTED. WHEREAS, the Department of Finance — Division of Purchasing has duly advertised for a multi- year bid for Hauling and Disposal Services for the Tompkins County Solid Waste Management Division, and WHEREAS, five (5) bids for Hauling and Disposal Services were received and publicly opened March 26, 2002, now therefore be it RESOLVED, on recommendation of the Public Works Committee, That the bid for Hauling and Disposal Services for Tompkins County, Contract C — Haul Service and Disposal Services combined, be awarded to We Care Transportation, LLC, Jordan, New York, for a six (6) -year term (May 1, 2002 — April 30, 2008), RESOLVED, further, That the funds are available in the Solid Waste Management Division's budget, Account 8160.54442, RESOLVED, further, That the County Contract Administrator be authorized to execute this contract. SEQR ACTION: TYPE II -20 RESOLUTION NO. 70 - APPROVAL TO PROCURE PAVEMENT MANAGEMENT SERVICES MOVED by Mr. Lane, seconded by Mr. Winch. Mr. Messmer said that he realizes that the system is expensive but feels that it will assist in providing long-range planning and a cost savings. A voice vote resulted as follows: Ayes — 12, Noes — 0, Excused — 3 (Representatives Blanchard, Koplinka- Loehr, and Proto). RESOLUTION ADOPTED. WHEREAS, Tompkins County Highway is seeking a state-of-the-art Pavement Management System (PMS) with the capability to forecast the relationship between level of road maintenance investment and future road conditions, and WHEREAS, the County Administrator has advised the Highway Manager to investigate such systems, for the purpose of reducing speculation concerning the relationship between highway investments and future road conditions, and WHEREAS, the Highway Manager has participated in an independent selection committee process with C&S Engineers and the Town of Wallkill to identify a state-of-the-art PMS, and WHEREAS, the Highway Manager has personally reviewed and scored the proposals submitted to the independent C&S Engineers selection committee, and WHEREAS, the Highway Manager has personally interviewed the final contestants selected by the committee, and 130 April 16, 2002 WHEREAS, the County Attorney has advised that the final recommendation of the C&S Engineers committee is valid and acceptable for the County because the Highway Manager has documented his personal ranking of the proposals and interviews of the C&S Engineers selection committee, now therefore be it RESOLVED, on recommendation of the Public Works Committee, in concert with the County Attorney and the County Highway Manager, That the final recommendation and selection of STANTEC, INC., by the C&S Engineers selection committee, be accepted and implemented by Tompkins County Highway Department in the procurement of the PMS services, RESOLVED, further, That the approximate cost of the system is $60,000 in 2002, $32,000 in 2003, and $15,000 thereafter for each year, and that the funds for 2002 are available in Account No. 5110.54442 and 5110.54425 service contracts. SEQR ACTION: TYPE II -20 Report and Presentation of Resolution(s) from the Health and Human Services Committee Mr. Winch, Chair, reported the Committee met on April 9. He said that Ms. Cole and Ms. Kerr of the Health Department have developed a request for proposals related to a software management system necessary to provide the State with information on home health care billing and clinical services. This system would allow the County to provide needed home nursing, therapy, and aide services to the most vulnerable and senior members of our community. He then explained that this request had been approved previously, however, due to the problems with mail services during the events of September 2001 and the anthrax concerns with mail, it was postponed to allow all vendors to participate. He then reported that Ms. Agnew, Director of the Alcoholism and Drug Council, presented to the Committee information on the Council and the programs and website www.alcoholismcouncil.org. Mr. Winch said that the Committee is reviewing programs throughout the year so that informed decisions can be made at budget sessions. RESOLUTION NO. 71— AUTHORIZATION TO INCREASE HOURS — ACCOUNT CLERK TYPIST — ENVIRONMENTAL HEALTH — HEALTH DEPARTMENT MOVED by Mr. Winch, seconded by Mrs. Schuler, and unanimously adopted by voice vote by members present. Mrs. Schuler noted her appreciation of the resourcefulness of the department to work out the hours and staffing to reduce the need for hiring an employee. WHEREAS, Environmental Health has an Account Clerk Typist (06/513), labor grade F, competitive class, who has been reduced from 35 hours per week to 24 hours per week on a permanent basis, and WHEREAS, the division has reorganized the workload among several employees as much as possible and has an Account Clerk Typist (06/513), labor grade F, competitive class, who is willing to work 37.5 hours per week to accomplish the balance of the work, eliminating the need to hire additional staff, now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, That the position of Account Clerk Typist (06/513), labor grade F, competitive class, be increased from 35 hours to 37.5 hours per week, effective immediately, RESOLVED, further, That no net additional funds are required to accommodate this change. SEQR ACTION: TYPE II -20 RESOLUTION NO. 72 - ACCEPT $4,800 GRANT SUBSIDIZING MENTAL HEALTH CLIENT WEIGHT -WATCHER PROGRAM FROM ELI LILLY AND COMPANY 131 April 16, 2002 MOVED by Mr. Winch, seconded by Mr. Booth, and unanimously adopted by voice vote by members present. WHEREAS, the Mental Health Clinic has been awarded a $4,800 grant from Eli Lilly and Company to subsidize a client Weight -Watcher program, and WHEREAS, a check for the above amount has been received and deposited to the clinic miscellaneous revenue account, now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, That the Director of Finance is hereby authorized and directed to make the following budget appropriation: FROM: A4311.42770 Other Misc. Rev. $4,800 TO: A4311.54400 Program Expense $4,800 SEQR ACTION: TYPE II -20 Report and Presentation of Resolution(s) and Appointment(s) from the Budget and Capital Committee Mr. Penniman, Chair, said at the April 9 meeting of the Committee they received information from Mr. Whicher, County Administrator, that the Department of Social Services has a projected deficit in Medicaid programs of approximately 1.2 to 1.5 million dollars. This is in addition to the projections of several weeks ago. Most of the time at the meeting was spent discussing possible ways to develop budgetary controls. It was felt that it was important to allow the various departments to effectively manage their resources with the least amount of controls possible. Subsequent to this, discussions were held regarding possible changes to the Fiscal Policy and how to handle rollover funding and the budget process in general. It was determined for the present time not to make any changes to the Policy but to carefully review how rollover funds are handled. Next, the discussion revolved around the upcoming budget scenarios being presented by departments and agencies and the importance of program committees to review this information to assist in ways of reducing spending. Mr. Penniman said he expects the Budget and Capital Committee to review information at the second meeting in May. Next, he indicated that the rollover requests from departments will be reviewed by Program Committees in May and will then be brought forward to the Budget and Capital Committee. The next Budget and Capital Committee meeting will be held on April 30, 2002 at 2:00 p.m. RESOLUTION NO. 73 - APPROPRIATION FROM CONTINGENT FUND — CITY OF ITHACA — MUNICIPAL SALES TAX AGREEMENT MOVED by Mr. Penniman, seconded by Mr. Booth, and unanimously adopted by voice vote by members present. WHEREAS, Resolution No. 87 of 1993, gave authorization for the County to enter into an agreement with the City of Ithaca for the distribution of sales tax proceeds, and WHEREAS, the County pays for selected services provided by the City in an amount that increases or decreases yearly based on the percentage change in actual sales tax collected in the City of Ithaca, and, WHEREAS, actual collections within the City of Ithaca increased by 2.2835 percent in 2001, and WHEREAS, adjustments necessary to pay the various agencies requires both a budget transfer and an appropriation from the Contingent Fund, now therefore be it RESOLVED, on recommendation of the Budget and Capital Committee, That the Director of Finance be authorized to make the following transfers and budget appropriation: 132 April 16, 2002 BUDGET TRANSFER: Budget 2002 Due Available from Transfer MH — Recr. Mainstream A4326.54400 $79,612 $78,673 $ 939 S/Tax Reserve A6902.54666 1,029 -0- 1,029 BUDGET APPROPRIATION: Available from Approp. Contingent Fund Appropriation A1990.54400 $22,874 Total Available — Transfer Funds and Contingent Fund Appropriation $24,842 Transfer / Appropriate To: Budget 2002 Due Amount: CDRC A6313.54400 $ 15,385 $ 15,736 $ 351 OAR A6315.54400 4,461 4,563 102 HSC Agencies A6305.54400 177,224 181,271 4,047 Yth. — Recr. Mainstream A7028.54666 89,541 93,630 4,089 City of Ithaca — Residual A6901.54666 274,833 290,133 15,300 Towns & Villages — A6950.54666 33,626 34,579 Est. 953 $24,842 SEQR ACTION: TYPE 11-20 RESOLUTION NO. 74 - IMPLEMENTATION OF BUDGET RESTRICTIONS, AND ADMINISTRATIVE GUIDELINES FOR 2002 AND CREATION OF FISCAL MANAGEMENT COMMITTEE (ADDENDUM TO RESOLUTION BY RESOLUTION NO. 253 OF 2004) MOVED by Mr. Penniman, seconded by Ms. Robertson. Mr. Booth said that at the Committee level he had unsuccessfully moved to add two additional powers to the Fiscal Management Committee in the resolution; one dealing with reclassifications and the second dealing with expansion of hours. He said that he does not intend to move the items tonight, however, he feels that over time additional duties shall be added to the Committee. A voice vote resulted as follows: Ayes — 12; Noes — 0; Excused — 3 (Representatives Blanchard, Koplinka-Loehr, and Proto). RESOLUTION ADOPTED. WHEREAS, Tompkins County is experiencing increasing shortfalls in State and Federal Aid, caseload increases in mandated services and a significant reduction in available surplus funds, and WHEREAS, it is evident that without procedures for an immediate reduction in spending in the current and subsequent year's budgets the County will face a rise in property tax rates to an unacceptable level, now therefore be it RESOLVED, on recommendation of the Budget and Capital Committee, That Department and Agency Heads are requested to anticipate the impending fiscal situation and take whatever steps they can to assist in recommendations related to their specific program areas, RESOLVED, further, That for the year 2002 there shall be a Fiscal Management Committee of the Board, members to be appointed by the Chair of the Board, RESOLVED, further, That effective immediately, authorization by the Fiscal Management Committee is required in order to fill vacancies, RESOLVED, further, That the use of certified available surplus funds continue to be subject to review and approval by the County Administrator, program committee, Budget and Capital Committee, and Board of Representatives, RESOLVED, further, That for the year 2002 transfers to and from Personnel lines shall be subject to review and approval by both the Director of Finance and the County Administrator. SEQR ACTION: TYPE 11-20 133 April 16, 2002 Appointments Mr. Joseph made the following appointments to the Fiscal Management Committee: Mr. Joseph, Chair, Members: Ms. McBean, Mr. Totman, Mr. Penniman, Mr. Koplinka-Loehr. Report from the Public Safety Committee Mrs. Schuler, Chair, said the Committee met on April 4. She reported that the County Clerk, Ms. Valenti, spoke to the Committee about graduated licensing for youthful operators. The purpose of the graduated licensing legislation is to provide more training experience opportunities to young drivers when first receiving their license. Mr. Beach, STOP -DWI Coordinator, said that approximately thirty states currently utilize this system of licensure. At the present time, this legislature is in the Senate. Sheriff Meskill reported information received from the speed trailer that was set up on Ellis Hollow Road. Mrs. Schuler shared with the Board an award brought by Ms. Valenti from the National Association of Counties for a "First Responder Award". This award was given in recognition of the assistance provided at Ground Zero following the terrorist attacks of September 11, 2001. She noted that individuals from the Ithaca Police Department, Sheriff's Department, Bangs, Groton, and Slaterville Springs Ambulance Services, as well as sixteen workers from the local Red Cross participated in recovery efforts in New York City. Mrs. Schuler said that it was timely to have received this award as the State Emergency Management Office held a meeting for public officials on the same day and the award was read to municipal representatives at that time. Next, Mrs. Schuler said she had attended a local emergency management group meeting on April 16 where plans for local emergency response were discussed. She requested representatives to check on the status of town and/or village plans for emergencies and said that the County Emergency Management Group is working on compiling all the information at one location. Ms. Kiefer inquired as to the availability of results of the speed trailer on Ellis Hollow Road. Mrs. Schuler will provide Ms. Kiefer with the information. Report and Presentation of Resolution(s) from the Government Operations Committee Mr. Booth, Vice Chair, indicated the Committee met on April 9, 2002. He said that Ms. Skinner, Public Information Officer, reported that the Citizen Friendly Budget book is almost completed and will be available shortly. In addition, the advisory board survey is completed and each Committee Chair will be requested to review the tabulations and to provide suggestions to the Government Operations Committee by mid-June regarding various questions or recommendations. The Committee also reviewed the listing of foreclosure properties set to be sold at auction. Three parcels located in Jacksonville have been removed from the submitted listing as there was a possibility of their being contaminated. The Committee also reviewed recommendations made by the Assessment Department relative to assessment information availability on the Internet. It was noted that it has been developed as a two-tier system. The first tier will be free of charge to all and another level that provides more detail regarding properties is available at a charge to banking and real estate agencies. Lastly, the Committee began discussions on the possibility of revising the four-year projection of salaries for the Sheriff and the County Clerk, both of whom are elected. Ms. Herrera asked for more details regarding the two-tier system of information in Assessment. Mr. Booth said that the purpose of requiring payment of a fee for the expanded information also carried with it a disclaimer that the information would not be sold to a third party. This program is in its pilot stage at the present time. Mrs. Schuler inquired as to why this item was not coming to the full Board for approval. Mr. Booth noted that the Board had previously approved the project. Mr. Joseph provided information that the Departments could make the decision unless members of the Board chose to bring it forward. Mr. Booth explained that the concerns previously voiced by Board members were reviewed by the Department and that the development of the system took this into account. Mr. Totman agreed that privacy issues should be respected but felt that the departments need to be the ones to make a determination as they are the most familiar with the issues. Ms. Herrera said she has concerns regarding privacy issues and noted that individuals within her district have expressed concern. Mr. Booth suggested 134 April 16, 2002 Ms. Herrera talk to Chair Koplinka-Loehr for background and bring it to the Board if she still had concerns. Ms. Kiefer said that she along with former Board Member Ms. Davis addressed this issue previously and that Assessment worked with her to develop a two-tier system that would not hamper the businesses utilizing the information on a regular basis and still respect citizen privacy. RESOLUTION NO. 75 - REFUND OF TAXES — TOWN OF DRYDEN (131.6-6-18) MOVED by Mr. Booth, seconded by Mr. Totman, and unanimously adopted by voice vote by members present. WHEREAS, this Board is informed that an error has been made in the 2001 tax roll for the Town of Dryden, namely parcel 131.6-6-18, assessed to New York State Electric and Gas (NYSEG), and WHEREAS, the entry for the Monkey Run Water District pertaining to this New York State Electric and Gas Corporation parcel was incorrectly charged by the Town of Dryden, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the entry on the tax roll for the Monkey Run Water District in the amount of $35,654.64 be corrected to reflect the correct charge of $25,424.40 for 2001, RESOLVED, further, That the Town of Dryden Tax Collector is directed to correct the 2000- 2001 tax roll, RESOLVED, further, That the amount of $10,230.24 over billed for the year 2000-2001 be refunded to NYSEG, RESOLVED, further, That the amount of $10,230.24 be charged back to the Town of Dryden. SEQR ACTION: TYPE II -20 Report from the Information Technology Services Committee Mr. Winch, Chair, reported that the meeting scheduled for April 17, 2002 is cancelled due to Mr. Potter being selected for jury duty. Report from the Planning Committee Ms. Kiefer, Chair, said the Committee has not met since the last Board meeting. The next meeting will take place on April 18, 2002 at 2:00 p.m. at Cooperative Extension. Report and Presentation of Resolution(s) from the Economic and Workforce Development Committee Mr. Lane, Chair, reported that the Committee met on April 11, 2002. Mr. Lane requested that Ms. Herrera give a report of the Joint Working Group. Ms. Herrera said this group is a joint committee between Common Council and the County to review and recommend action regarding proposed Project Labor Agreements, hiring practices, etc. She said that the group finalized a list of individuals to be included in this working group and developed a letter inviting them to the meeting on April 29, 2002 at 4:00 p.m. in the Scott Heyman Conference room. Materials and an overview of the information will be provided to members at that time. Mr. Lane then reminded members of the May 21, 2002 annual meeting for Tompkins County Area Development and noted invitations will be received in advance. Mr. Lane reported that the Industrial Development Agency was provided an extensive presentation by the Ciminelli Group with respect to the proposed twenty-five million dollar Cornell hotel and office building project at the corner of Tioga and Seneca Streets. He said there is a funding gap and it is anticipated that the Industrial Development Agency will be approached with a proposal for incentives on a twenty-year tax break schedule rather than the ten-year schedule. He reported the Emerson project is progressing and it is hoped that it would secure approximately 122 jobs in the community. 135 April 16, 2002 Mr. Lane reported that the Convention and Visitor's Bureau came to the Committee with a request to amend the existing contract with the Chamber of Commerce to provide additional funding for beautification in Tompkins County. He said that the request is a result of the Randall Report on Tourism that indicated the downtown Ithaca Commons area was a high -traffic area for tourism and the need to continue the beautification process as well as provide signage. The funds requested are from the revenue produced by tourism through the Room Occupancy Tax. The request included funds for an intern over the summer months to work on a proposal for signage as well as a coordinator of plantings and work on various planters. The proposal also included funds to be used as matching funds for outlying municipalities. After reviewing the information provided, the Committee felt that if it was to be a matching grant program that the City should also provide funding and revise the proposal accordingly. He reported that he has received a memo from the Ithaca Downtown Partnership indicating that the funds would be matched. He said that the five thousand dollars of matching funds for other municipalities are not included in the revised proposal but that the Committee is open to making a budget adjustment in the future if needed. Mr. Lane said that a review of the funding indicates that there are sufficient funds to allow the increase. The Committee then reviewed requests for tourism grants and the recommendations of the Strategic Tourism Planning Board. It was decided that an additional $1,300 be added in order to fully fund the proposal for the Southside Center and the revision is reflected in the resolution coming before the Board. Ms. Kiefer said she had reviewed the information regarding the tourism grants and inquired as to whether Kwanzaa is a religious or cultural event. Ms. McBean provided the information that research had been done by the Director of the Center as well as Ms. Kippola of Administration and it indicated that it is strictly a cultural event. Ms. Robertson asked if there is any procedure in place for municipalities to apply for the beautification funding. Mr. Lane informed her that at this time there is none; however, once the Convention and Visitor's Bureau comes forth with a plan for this the Committee is willing to review the matter. It was suggested that if anyone was interested that the Convention and Visitor's Bureau be contacted. RESOLUTION NO. 76 - ADOPTION OF LOCAL LAW NO. 1 OF 2002 - AMENDING SECTION 150-12(D) OF THE TOMPKINS COUNTY CODE — DEFINITION OF BED -AND -BREAKFAST INNS MOVED by Mr. Lane, seconded by Ms. Herrera. Ms. Kiefer said that she would not be voting in favor as she believes a bed and breakfast should serve breakfast and be owner occupied. Ms. McBean said she agreed. A voice vote resulted as follows: Ayes — 10; Noes — 2 (Representatives Kiefer and McBean); Excused — 3 (Representatives Blanchard, Koplinka-Loehr, and Proto). RESOLUTION ADOPTED. WHEREAS, a public hearing has been held before the Board of Representatives on April 16, 2002, to hear all persons interested in proposed Local Law No. 1 of 2002, now therefore be it RESOLVED, on recommendation of the Economic and Workforce Development Committee, That proposed Local Law No. 1 of 2002 — Amending Section 150-12(D) of the Tompkins County Code — Definition of Bed -and -Breakfast Inns, 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 one copy with the Secretary of State. SEQR ACTION: TYPE II -20 RESOLUTION NO. 77 - FUNDING OF TOURISM DEVELOPMENT GRANTS AND APPROPRIATION FROM ROOM TAX FUND BALANCE 136 April 16, 2002 MOVED by Mr. Lane, seconded by Mr. Booth, and unanimously adopted by voice vote by members present. WHEREAS, Tompkins County has a grant program for tourism development using funds drawn entirely from Room Occupancy Tax, and WHEREAS, Tompkins County has requested and reviewed grant applications for recommendation to the Tompkins County Board of Representatives through the Economic and Workforce Development Committee with the advice of the Strategic Tourism Planning Board, now therefore be it RESOLVED, on recommendation of the Economic and Workforce Development and Budget and Capital Committees, That the following grants are approved: Cayuga Nature Center — Maple Sugar Festival $ 2,000 Community Arts Partnership — Ithaca Artists' Market and Holiday Artists' Market $ 1,000 Community Arts Partnership — Greater Ithaca Art Trail $ 2,000 Community School of Music & Arts — National Dance Day: Sharing Our Cultures $ 1,000 Ithaca Downtown Partnership — Apple Harvest Festival $ 1,000 Ithaca Festival — Circus Eccentrithaca $ 3,000 Kitchen Theatre — Pre -Holiday Getaway Package Marketing Campaign $ 5,000 Paleontological Research — Field Trip Exploration/Summer Discovery Trail Calendar $ 4,000 Southside Community Center — The Nguzo Saba: The Seven Principles of Kwanzaa $ 2,300 TOTAL $21,300 RESOLVED, further, That in addition to the $20,000 approved in the 2002 County budget, an additional $1,300 shall be appropriated from the Room Tax Fund Balance, RESOLVED, further, That the County Administrator or designee shall be authorized to sign any documents related to the aforementioned projects. SEQR ACTION: TYPE II -20 RESOLUTION NO. 78 - APPROVAL OF CONTRACT FOR BEAUTIFICAN PLAN AND BUDGET ADJUSTMENT MOVED by Mr. Lane, seconded by Mr. Penniman. Mrs. Schuler inquired whether any information on the plan included cleaning up of litter as well as plantings. Mr. Lane noted he did not have any information other than what was provided in the proposals. Ms. McBean requested that Ms. Berry of the Convention and Visitor's Bureau provide a revised work plan that would reflect the changes made in detail. Mr. Joseph noted that this would have to occur prior to the funds being spent. Mrs. Schuler inquired what would be the effect if items on the proposal such as volunteers fell through. Mr. Lane said that part of the funding is to be used to hire individuals to do the work. Mr. Lane said that the importance of presenting this resolution at this time rather than to wait is due to the nature of the work to be done. Ms. Kiefer asked if this would provide the same type of plantings as occurred last year, noting the tropical plants in the Commons were very successful. Mr. Lane said that there were no specific designs presented at this time. A voice vote resulted as follows: Ayes — 12, Noes — 0, Excused — 3 (Representatives Blanchard, Koplinka-Loehr, and Proto). RESOLUTION ADOPTED. WHEREAS, the Board of Representatives has contracted with the Tompkins County Chamber of Commerce (the "Chamber") to carry out services as part of the County's tourism program, and WHEREAS, the County has provided funding for this contract entirely from the Room Occupancy Tax account, and WHEREAS, the Chamber recognizes a need to improve signage locally to direct tourists to key destinations, and that signs and flowers strategically placed at the County's gateways would enhance tourism, coordinate the City of Ithaca plans, the towns, and entranceways to our County, and reflect pride in our community's appearance through well-planned and well-maintained plantings, and 137 April 16, 2002 WHEREAS, the result would be improved visual quality of the landscape, improved appearance business and residential districts, increased pride resulting from volunteer involvement and beautiful plantings, and reduced vandalism of public areas, and WHEREAS, these improvements are intended to further the County's tourism program, and WHEREAS, a beautification plan for $50,000 has been reviewed and recommended by the Strategic Tourism Planning Board, and WHEREAS, the Strategic Tourism Planning Board recommends in addition, the allocation of $2,000 for a summer internship matching program to support all of these efforts, now therefore be it RESOLVED, on recommendation of the Economic and Workforce Development Committee, That contingent upon matching funds from other sources, the Director of Finance be authorized and directed to make the following budget adjustment to reflect an anticipated increase in 2002 room occupancy tax revenues: Revenue: 6475.42770 6427.41113 Appropriation: 6475.54400 SEQR ACTION: TYPE II -20 Unspecified Revenue Room Tax Collection $15,000 $32,000 Program Expense $47,000 Report from the Charter Review Committee Mr. Lane, Chair, said the Committee met on April 10, 2002 and spent time reviewing the Articles for the Office for the Aging and Tompkins Cortland Community College; the Tompkins Cortland Community College will be sent to the college for comment. The next meeting discussion will occur regarding term limits and the name of the Board of Representatives. He said that there are not many county legislatures known as the Board of Representatives and many are concerned that constituents may not know what a Representative's duties are. At the present time there are only two Board of Representatives within New York State. The next meeting of the Charter Review Committee will be on April 24, 2002 at 1:00 p.m. in the Scott Heyman Conference Room. Report from the Space Needs and Location Committee Mr. Joseph, Chair, said that a meeting was held that primarily discussed gathering information on current and potential County buildings. Due to the extensive information to be gathered, it was decided to sign a contract with Welliver -McGuire, who currently employs former County staff who have done this type of work previously and are familiar with County buildings. They will be preparing a more useable form of this information for use by the Committee. Public Safety Building Space Planning Committee Mr. Joseph, Chair, reported that the Committee met and discussed options with regard to jail construction and whether to build new or renovate the current structure. Also discussed was the possibility of modular construction. At that time the discussion was mainly to establish what data will be required for this project. He said that it was determined to review the capacity projections in order to determine what will be needed and that the Labella Report provides a variety of staged option scenarios for capacity. The next meeting will entail discussion of the capacity projections, how they were determined, and the direction to proceed. Ms. Kiefer inquired as to the establishment of a regular meeting schedule for this Committee. Mr. Joseph said there is not a standard schedule, however, the next meeting is Friday, May 3, 2002 at 9:30 a.m. at the Scott Heyman Conference Room. 138 April 16, 2002 Report from the Communications Capital Projects Committee Mr. Penniman, Vice Chair, reported that the Public Safety Communications System request for proposal is almost complete and it is anticipated to be completed and ready to go out to bid the end of the month. He also said that with respect to the paging project being considered a meeting will be held on Friday, April 19, 2002 at 10:00 a.m. to receive information from the consultant. Mr. Penniman said discussions on the new 911 Center are continuing. Mr. Whicher said he spoke to the architect to discuss the moving of the existing site plans to the new site and to reconfigure existing information and reconfigure it into a single -story building. The architect has begun this work and is also working with C & S Engineering for the electrical portion. Mr. Penniman said the next regular meeting of the Committee will take place on April 30, 2002 at 11:30 a.m. Approval of Minutes of April 2, 2002 It was MOVED by Ms. McBean, seconded by Mr. Totman, and unanimously adopted by voice vote by members present, to approve the minutes of April 2, 2002 as submitted. MINUTES APPROVED. Member -Filed Resolution RESOLUTION NO. 79 - WITHDRAWAL OF PARCEL 25-1-24.2 - CAROLINE PINNACLES FROM COUNTY AUCTION (RECONSIDERED AND ADOPTED MAY 7, 2002) MOVED by Ms. Kiefer, seconded by Mr. Penniman. Ms. Kiefer informed the Board that she was presenting this Resolution on behalf of Mr. Proto who was excused from the meeting. She indicated that information on this property was provided by both the Planning Department and Mr. Squires, Finance Director, and that it was a unique property whose boundaries are in question. She said that it would be beneficial to postpone inclusion in the public auction until further study of the property itself as well as determination of boundary lines are completed. Mr. Totman inquired as to potential County liability if anyone was injured while on this property and did not see any reason not to include the property in the auction. Mrs. Schuler felt that it should not be rushed and said she would also like to see more information prior to making a decision. Mr. Lane asked that the property be held for another year pending information. Mr. Joseph said that he felt that since Cornell has indicated a desire to own the property and utilize it for a good purpose, as well as being willing to complete a survey, the County should allow them to purchase the property. Next, Mr. Squires provided information on the foreclosure process and a brief history of this particular property and funds expended to date. He said that he feels that the County should allow the market itself to take care of the property. He also indicated that as the property was acquired through foreclosure that it is normal not to have the same expectations of requirements that apply to a standard real estate transaction. A voice vote resulted as follows: Ayes — 7 (Representatives Booth, Kiefer, Lane, McBean, Penniman, Robertson, and Schuler); Noes — 5 (Representatives Herrera, Joseph, Todd, Totman, and Winch); Excused — 3 (Representatives Blanchard, Koplinka-Loehr, and Proto). RESOLUTION LOST. WHEREAS, the property known as the "Caroline Pinnacles" has been included in the County Foreclosure auction, to take place on May 11, 2002, and WHEREAS, this property was separated from a larger parcel in order to facilitate the sale of that piece containing a residence, and WHEREAS, Cornell University had originally expressed interest in the Pinnacles property, investing a portion of the money necessary to complete a survey, and 139 April 16, 2002 WHEREAS, the above -noted survey was not completed, and WHEREAS, Cornell University and the Finger Lakes Land Trust would both be interested in this parcel had the aforementioned survey been fmished, now therefore be it RESOLVED, That this parcel be withdrawn from the public auction until a suitable method be determined to complete the survey. SEQR ACTION: TYPE II -20 Adjournment On motion the meeting adjourned at 7:12 p.m. 140 May 7, 2002 Regular Meeting Called to Order Chair Joseph 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 (Representative Herrera). Presentation of Proclamation(s) Mr. Joseph presented the following proclamation(s): • Childhood Mental Health Week in Tompkins County - May 1-7, 2002, to a representative of the Mental Health Association; • Public Works Week in Tompkins County - May 19-25, 2002, to Cheryl Nelson, Public Works Administrator; • Community Action Month - May, 2002, to Lee Dillon, Executive Director, Tompkins Community Action; • Senior Citizens' Council Day - May 17, 2002, to Representative Todd; • Tourism Week in Tompkins County - May 5-12, 2002 Special Orders of the Day Wendy Skinner, Public Information Coordinator, announced the 2002 Citizen -Friendly Budget Book has been received. She stated this book is a new way to present budget information which is felt will be more accessible to the public. Ms. Skinner said copies are on file in the Board Office, County Administration, and the Tompkins County Public Library. Copies are available upon request and will soon be accessible on the County's web site. Privilege of the Floor by the Public Lynn Jackier, Executive Director for the Drop -In Children's Center, spoke concerning the upcoming 2003 budget process. She said as the Board contemplates the difficult task of reducing County spending, it will need as much information as possible to make informed decisions. To that end, the Drop -In Children's Center staff, board members, and program participants will be attending County Board meetings during the upcoming months to provide the Board with information about the program. Ms. Jackier briefly explained the salary scale for teachers at the Center and stated staff is provided with a very basic health insurance plan. New teachers make $8.00 an hour. Rupa Das, Teacher for the Drop -In Children's Center, stated the teachers at the Center spent a great deal of time developing a comprehensive curriculum for the children that takes into account each child's physical, emotional, and cognitive development skills. She stressed that children at the Center receive care from early childhood professionals, and not babysitters. Fay Gougakis, City of Ithaca resident, spoke concerning jet skis. She said there has been confusion regarding the city, towns', and county's authority for passing a law to ban or restrict them. She stated she has spoken with Assemblyman Luster and clarified the County could take action. Ms. 141 May 7, 2002 Gougakis also expressed concern for the way recent development has occurred in the City, particularly the bus station. Privilege of the Floor by Board Members Martha Robertson, District No. 13 Representative, announced May 11`b is the Third Annual Rock the Arts Youth Empowerment Festival on the Commons. She said this is put together entirely by youth and is a very impressive production. Richard Booth, District No. 3 Representative, reported many citizens have received notices in the past week from the Assessment Department regarding new annual reassessment values. He said some have gone up very sharply and while he agrees there are probably good reasons for this, in the future, he would like these notices to contain a short and clear explanation as to what has led to these changes along with an invitation for further explanation. Ms. Kiefer, District No. 10 Representative, reminded Board members that May 15th is the deadline for submitting the annual financial disclosure form to the Clerk of the Board. Nancy Schuler, District No. 4 Representative, reported Ithaca Festival buttons and t -shirts have arrived and are now on sale. She announced the Festival will be held May 315` through June 2nd. Mr. Koplinka-Loehr, District No. 11 Representative, responded to Representative Booth and stated the Director of Assessment distributed a letter to Board members today highlighting some of the actions that have been taken and reasons for those actions. Mr. Koplinka-Loehr also announced the local advisory boards of assessment review will begin meeting in the next couple of weeks. Mr. Penniman, District No. 15 Representative, thanked Ms. Skinner for her work with the new Tompkins County Citizen -Friendly Budget. He said it is a great effort to help the public understand the County 's budget. Ms. McBean, District No. 2 Representative, stated that residents in her district continue to deal with the issue of coal tar. She said this past week NYSEG began to do some work on the site in question despite concern that had been raised. She said legislators, elected officials, and residents came together to have the work stopped. She encouraged Board members to show support to this group of people to make sure the cleanup of that site can be done in the most expedient and safe manner possible. Mr. Proto, District No. 7 Representative, said all Board members should have received a copy of the annual report from the Water Resources Council and a draft of the Water Quality Strategy. He asked Board members to review these documents and submit comments to Kate Hackett in the Planning Department by June 14. Mr. Proto requested the Board observe a moment of silence in memory of Erie James Miller, Jr., who served on the Board for over 20 years. Mr. Proto announced a memorial service will be held during the first week of June at the Danby Federated Church. Mr. Lane, District No. 14, reported this week Tompkins County was able to put together a package that saved 137 jobs in New York State and brought them to Tompkins County. He thanked the Tompkins County Industrial Development Agency and Tompkins County Area Development. Mr. Lane said when it first became apparent that there was an opportunity for these jobs from the Emerson Power Transmission Company to remain in New York State instead of going to Indiana, these two groups put together a package that was competitive to the package being offered by Indiana. Mr. Lane said a public hearing was held on whether to grant tax incentives and in the end the IDA voted unanimously to grant tax incentives to make this opportunity possible. Mr. Lane said this is not only important because of the 142 May 7, 2002 new jobs that are coming into Tompkins County, but is a vote of confidence for over 400 jobs that are already here locally with the major employer. Report from Municipal Official No municipal official was in attendance. Presentation - Paging System Mr. Joseph welcomed former Board Member, Joseph Lalley. Mr. Lalley said the paging project was identified as a separate system need in August, 2001, as the functional specifications for the Public Safety Communications system were being developed. He said at that time a draft project request was circulated and during the budget process as a result of an RFI (Request for Information) approximately $600,000 was allocated for the project as part of this year's capital plan. An RFQ (Request for Qualifications) was issued in October and contracts went out for design and a frequency search later in the year. Mr. Lalley explained the purpose and need for the system: • The County is charged with the task of alerting public safety agencies and personnel; • Fire Departments, rescues, and ambulances in the County cannot function without a system for alerting their personnel; and • Present equipment is old and difficult to maintain in good condition due to very little radio industry support. Mr. Lalley proceeded to explain options that have been explored: • Do nothing/upgrade existing: Equipment obsolete • Incorporate into new Voice/Data PSCS: Pagers not made for trunked systems, use of radios as pagers expensive, and equipment much larger than a pager • Use a Commercially -Operated Paging Service: does not meet National Fire Protection Association Standard for installation, maintenance, and use of emergency services communications systems • Use a Local, Privately -Operated Service - These systems operate in "Business Band" where frequency allocation "looser" than in Public Safety portion of spectrum: Increased chance of interference resulting in "missed calls" Project Status Summary: Proposed System Design presented to COMCAP on April 19, 2002, by United Radio of Syracuse, NY • Frequency recommendation of 460.275 mHz • Voice or Alpha -numeric Capable • 90+% In -Building Coverage • Paging System Equipment Under $400,000 • 8 Transmission Sites • 6 Existing Structures or Facilities • 2 New Towers, each a 180' high. • Sites Currently Optioned by County, on Taft Road in Caroline and Aiken Road in Enfield 143 May 7, 2002 Work to Be Done • Complete Inventory of Devices Activated by Paging, e.g. Sirens, Doors, Lights, KNOX Boxes • Update Existing List of Pagers • Develop Capital and Operating Costs for Each Proposed Site. • Develop Transition Plan from Old System - Work with Fire and EMS Agencies Develop Transition Plan Purchase New Pagers - 1 Year Duration - 3 or 4 Year Repayment Plan • Develop Final Project Scope and Budget • Start SEQRA Process • Start COMCAP Approval • Seek Board Approval Proposed Schedule • Meet with EMC, Fire Chiefs and EMS - Being Scheduled • Site Capital and Operating Costs - 7/31/02 • Transition Plan - 8/15/02 • Finalize Project Costs - 8/15/02 • Begin SEQRA Process - 9/1/02 • Project Approval by Board - 11/15/02 • Bid Release - 12/1/02 • Award of Bid - 3/1/03 • New System Operational - 7/1/03 • Old System Decommissioned - 12/41/03 - 6/30/04 Discussion followed during which it was discussed that $600,000 is a reasonable estimate if Tompkins County doesn't need to build new towers for the pager system. Questions In answer to questions from Ms. Robertson, Mr. Lalley said the budgeted $600,000 would be enough if the two new towers are not needed. He also stated they are working to make sure the new sites will work for the PSCS. Chair's Report Mr. Joseph presented certificates of appreciation to Representatives Koplinka-Loehr and Penniman in recognition of five years each of outstanding service to Tompkins County. Report from the County Administrator Mr. Whicher said several questions have been asked as to the process program committees will use in reviewing departmental budget scenarios. He provided highlights of a memorandum that has been placed on all Board members' desks. He said the most likely target reduction appears for 2003 is for approximately 20 percent. Mr. Whicher said he will prepare an executive summary of the agency and department scenarios. He will try to organize the information on a program -committee level and will provide Board members with an outlook of what it looks like on a macro -level across the County. Mr. 144 May 7, 2002 Whicher said he feels it is best for departments to submit their scenarios directly to the committees so that they have the opportunity to communicate more directly with the committee as opposed to having him edit and interpret the scenarios. He said the executive summary should be available by the end of next week. Report from the County Attorney Mr. Wood reported on the litigation relating to the Town of Ithaca's challenge to the construction of the Public Works building. He said the County moved to dismiss this in the Appellate Court on the ground that the case is moot because the building has already been completed. He also reported the County received good news on the longest -standing case in the County Attorney's Office. He said in 1991 a woman from Groton brought a lawsuit against the County claiming that the County contaminated her well water. Many years later the case was dismissed but the suit was refiled in 1998 in the name of her granddaughter. Mr. Wood said last week Judge Relihan dismissed the case. Report from the Finance Director Mr. Squires reminded Board members that the public auction of foreclosed properties will be held on May 11th at 1 p.m. at the Human Services Building. He reported his office sent out a substantial amount of money in the form of sales tax to the towns and villages. He said the first quarter sales tax receipts represented one of the largest increases from one period to another. He also reported the County experienced a very robust six-month mortgage tax collection period. He announced a public meeting of the Tompkins County Tobacco Asset Securitization Corporation will be held May 28th at 4 p.m. in the Scott Heyman Conference Room. Addition of Resolution(s) to the Agenda On motion and duly seconded and unanimously adopted by voice vote by members present, the following resolution(s) were added to the agenda: Audit of Penultimate Payment - Haynor Hoyt, Corporation - Tompkins County Public Library Authorizing an Agreement with the Transportation Security Administration (TSA) to Provide a Law Enforcement Presence in the Passenger Terminal - Ithaca Tompkins Regional Airport Withdrawal of Resolution(s) from the Agenda Chair Joseph gave the appropriate committee chair permission to withdraw the following resolution(s) from the agenda: Support of a Graduated License for Youthful Operators of Motor Vehicles Authorizing Supplemental Consultant Agreement No. 4 with C&S Engineers, Inc., for General Airport Consultant Services in Connection with Runway Safety Area Analysis - Ithaca Tompkins Regional Airport Reconsideration of Resolution No. 79 RESOLUTION NO. 79 - WITHDRAWAL OF PARCEL 25-1-24.2 - CAROLINE PINNACLES FROM COUNTY AUCTION It was MOVED by Mr. Proto, seconded by Mrs. Schuler, to reconsider Resolution No. 79 of 2002. A voice vote on the motion to reconsider resulted as follows: Ayes - 12, Noes - 2 (Representatives Koplinka-Loehr and Totman); Excused - 1 (Representative Herrera). MOTION CARRIED. 145 May 7, 2002 Mr. Proto said his principle concern is that Tompkins County does not have a survey of this property. He feels it is disingenuous and unprofessional for the County to be selling property when it does not know what the boundaries of the property are. Mr. Totman said he does not feel the County should be spending money on a survey when another party is willing to pay those costs. Ms. Robertson said she voted to remove this parcel from the list of properties being auctioned primarily because of the discrepancy among various parties in what is believed to be the actual size of the property. She said if it were a small figure in question she probably could support the sale of the property; however because the size that is in dispute is so large she, too, would like a survey conducted. Mr. Whicher stated the County could make a very good case that it lost a substantial amount of money by splitting this land away from the original parcel. He said that action which was done at the request of Cornell University cost the County money. Mr. Wood noted this action only removes the property from the list of properties being sold at public auction and that additional action is needed by the Board to authorize a survey. A roll call vote on the resolution resulted as follows: Ayes - 8 (Representatives Booth, Kiefer, Lane, McBean, Penniman, Proto, Robertson, and Schuler); Noes - 6 (Representatives Blanchard, Joseph, Koplinka-Loehr, Todd, Totman, and Winch); Excused - 1 (Representative Herrera). RESOLUTION ADOPTED. WHEREAS, the property known as the "Caroline Pinnacles" has been included in the County Foreclosure auction, to take place on May 11, 2002, and WHEREAS, this property was separated from a larger parcel in order to facilitate the sale of that piece containing a residence, and WHEREAS, Cornell University had originally expressed interest in the Pinnacles property, investing a portion of the money necessary to complete a survey, and WHEREAS, the above -noted survey was not completed, and WHEREAS, Cornell University and the Finger Lakes Land Trust would both be interested in this parcel had the aforementioned survey been fmished, now therefore be it RESOLVED, That this parcel be withdrawn from the public auction until a suitable method be determined to complete the survey. SEQR ACTION: TYPE II -20 Approval of Resolution(s) Under the Consent Agenda It was MOVED by Mr. Proto, seconded by Ms. Kiefer, and unanimously adopted by voice vote by members present, to approve the following resolution under the Consent Agenda: RESOLUTION NO. 80 - BUDGET ADJUSTMENTS — VARIOUS DEPARTMENTS MOVED by Mr. Proto, seconded by Mr. Booth, and unanimously adopted by voice vote under the Consent Agenda. RESOLVED, on recommendation of the Public Safety and Planning Committees, That the Director of Finance be directed to make the following budget adjustments on his books: PLANNING COMMITTEE Planning (#20) 146 May 7, 2002 Revenue Acct Title Amt Appron Acct Title(s) CD8688.44959 CD8695.44959 CD8691.44959 Explanation: Bring 2001 grant balance into the 2002 budget. Federal Aid (H05) $267,418 CD8688.54400 Federal Aid (H04) $216,936 CD8695.54400 Federal Aid (Env. Assoc.)$291,472 CD8691.54400 Program Expense (H05) Program Expense (H04) Program Expense (Env. Assoc.) Planning (#22) Revenue Acct Title Amt Approp Acct Title(s) A8020.42770 Misc. Revenue $10,048 A8020.54400 Program Expense Explanation: Watershed database funds from Tompkins County Soil & Water Conservation District. Planning (#27) Revenue Acct Title Amt Approp Acct Title(s) A8029.43592 DOT Grant $77,000 A8029.54400 Program Expense Explanation: Inlet Island Contract Extension through 2002. PUBLIC SAFETY COMMITTEE Probation (#28) Revenue Acct Title Amt Approp Acct Title(s) 3994 42770 Other Misc. Revenue $8,850 3994 54412 Travel/Training 3994 42770 Other Misc. Revenue $1,000 3994 54400 Advertising 3994 42770 Other Misc. Revenue $2,000 3994 54303 Office Supplies Explanation: A workshop on Domestic Violence in the Workplace will be held on October 1 at Tompkins Cortland Community College and will be funded by corporate contributions and registration fees. Probation (#29) Revenue Acct Title Amt Approp Acct Title(s) 3991 43310 3991 43310 Probation Services $3,160 3991 58000 Fringes Probation Services $ 456 3991 52214 Office Furnishings Explanation: Probation Services aid as well as appropriations were under -reported. SEQR ACTION: TYPE II -20 Appointment(s) Approved Under the Consent Agenda It was MOVED by Mr. Proto, seconded by Ms. Kiefer, and unanimously adopted by voice vote by members present, to approve the following appointment(s) under the Consent Agenda: Tompkins County Public Library Board of Trustees Gary Ferguson — At Large Representative — term to expire December 31, 2004 Finger Lakes Board Nancy Battistella — County Representative — term expiration to be determined Strategic Tourism Planning Board Dewi Evans — Restaurant Representative — term to expire December 31, 2004 Report from the Budget and Capital Committee 147 May 7, 2002 Mr. Penniman, Chairman, reported the Committee met last week and received a report from Wendy Skinner, Public Information Coordinator, about ways to present public information about the budget and stimulate public interest. Ms. Skinner recalled the study group that was held for the tobacco settlement money a couple of years ago. It was based on a model that is often used to talk about community issues. The morning was spent by having County resource people providing information about the topic so that the issue could be discussed in a knowledgeable way. Those in attendance were split into small groups in the afternoon and prepared statements and recommendations that they came up with. She said there was a conclusion that came from that event that later was reported to the Board. Ms. Skinner said this process works well because it provides useful information to the participants and allows them to provide the Board with meaningful input. She said the Public Information Advisory Board feels a similar process can be used with the County budget by breaking the budget information apart into different segments and asking questions. Ms. Skinner said a possible date for holding this event would be during the first week in June. Mr. Penniman said the Budget and Capital Committee endorsed this concept to hold up to three meetings in mid-June, mid -summer, and possible mid-September if there is enough participation. He said it is important that a diverse group of people participate in this so that the Board can get valuable input. He said it is also important that the right questions are asked; input will be needed from Board members on topics to be covered. Mr. Penniman said the Committee also received a presentation on the latest projections for the 2003 budget. Mrs. Smithers distributed a spreadsheet showing a possible budget scenario and explained the assumptions behind each of the figures. Mr. Penniman said it will be important for program committees to begin looking at the impacts of budget reductions that departments have been providing. He said hopefully these meetings will take place in the next couple of weeks and will help inform the Board's decision when a target is set for the budget submissions. He said the budget calendar calls for the Committee to look at both rollover requests and setting a target at the second meeting in May with Board action in early June. Mr. Koplinka-Loehr asked for clarification in respect to how the County is handling the 2002 budget versus 2003. Mr. Penniman said he has distributed a memorandum to County department heads today and indicated this is an item that is still under discussion. He said most Board members are seeing a linkage in the 2002 budget, rollover, and how the 2003 budget is approached and that none of those decisions have been made yet. Mr. Joseph said that when committees meet with department heads next week they should be seriously discussing cutting spending right now. He stated that the scenarios that have been presented are based on assumptions. He said the County's basis budget situation has not changed; however, the figures will be changed based on different scenarios the Board will be reviewing. Mr. Booth agreed with Mr. Joseph's comments and said the message to the public must not be that the County is looking at a much smaller property tax increase. He said in order to get to a much smaller increase, the Board will have to make a great deal of very difficult choices. Mr. Joseph noted those choices have not been made at this point, nor has the Board examined them. Report and Presentation of Resolution(s) from the Public Safety Committee Mrs. Schuler, Chair, reported the Committee met on May 2". At that meeting the Committee discussed a proposal to change the mandate classification for the Jail. After a lengthy discussion, the Committee decided to withdraw the proposal and look at other alternatives. Mrs. Schuler reported the Committee discussed legislation that is being proposed in the Senate and Assembly concerning graduated 148 May 7, 2002 drivers licensing but decided not to take any action at that time. The Assigned Counsel Office presented information and a copy of legislation that is being introduced by Assemblyman Luster that proposes to establish a New York State Public Defense Commission with fiscal relief to localities and to establish an across-the-board reimbursement rate for assigned counsel cases of $75 per hour. RESOLUTION NO. 81 - AUTHORIZATION TO ACCEPT AN AWARD OF A GRANT FOR THE BENEFIT OF THE DRUG COURTS OF TOMPKINS COUNTY MOVED by Mrs. Schuler, seconded by Mr. Totman, and unanimously adopted by voice vote by members present. WHEREAS, the Probation Director has been notified of a grant award in the amount of $30,000 from a local foundation that has requested no publicity for the grant, for the benefits of the Drug Courts of Tompkins County, and WHEREAS, there is no fmancial or program obligation for Tompkins County in accepting this grant, now therefore be it RESOLVED, on recommendation of the Public Safety Committee, That the County Administrator or his designee execute all contracts related to this award, RESOLVED, further, That the Director of Finance is directed to make the following budget adjustment for 2002: FROM: A3989.42705 Gifts and Donations $30,000 TO: A3989.52220 Departmental Equipment $11,700 A3989.52206 Computer Equipment $ 300 A3989.54491 Sub -Contracts $ 6,400 A3989.54333 Education and Promotion $ 4,600 A3989.54412 Travel/Training $ 2,000 A3989.54470 Building Repairs $ 5,000 SEQR ACTION: TYPE 11-20 Report from the Health and Human Services Committee Mr. Winch, Chairman, reported the Committee has not met since the last Board meeting. He reported on a financial management education group that convened a meeting on April 26t. He stated approximately 25 people were in attendance, representing 18 different agencies. Mr. Winch said it appears there has already been a great deal of networking among agencies; however, there appears to still be some interest in continuing to review how this financial management education process can move forward. Report from the Information Technology Services Committee Mr. Winch, Chairman, reported the Committee met on May 1 and spent the majority of the meeting reviewing the current ITS capital program. He said it appears that because several of those projects have been in the design phase for so long that they will likely need to be rewritten before they move forward. Mr. Winch said the Committee discussed the County's infrastructure upgrade and was surprised to learn there is no centralized backup system within the County. Mr. Winch said there is also a need to upgrade the Pentimation system which is the County's financial system that is networked among County departments. The Committee also spent time discussing the County's network upgrade and the possibility of networking with several not-for-profit agencies. Report and Withdrawal and Presentation of Resolution(s) from the Public Works Committee 149 May 7, 2002 Ms. Blanchard, Chair, reported the committee met on May 7; about half of the meeting dealt with airport security. On May 13th the National Guard tour of duty at the Ithaca Tompkins Regional Airport will end. She said the County must replace this extra security with qualified public safety personnel in order to comply with new federal regulations coming out of the Transportation Security Administration, a branch of the United States Department of Transportation. She said Secretary Mineta's testimony before Congress on the question of Airport security was televised last week. Potential candidates for filling this role were the New York State Police and the Tompkins County Sheriffs Department. At a joint meeting of the Public Works and Public Safety Committees earlier today, the decision was made to designate the Sheriffs Office as the most cost-effective means of providing this service. There will be reimbursement from the federal government but the amount of that reimbursement is being hotly debated in Congress right now. Ms. Blanchard stated for the remainder of 2002, any differential in cost between the reimbursement rate and the actual cost of providing the service will be covered by the Airport Fund Balance. She reminded the Board that this is revenue that is generated from the airlines and other services at the Airport, not from general tax revenues. Ms. Blanchard also reported the Committee learned that bidding on the North Triphammer Road improvements will need to be delayed by a few weeks because the bid notice did not appear in the New York State Contract Reporter as required. This was through no fault of the County's but resulted from a move of the Contract Reporter's offices in Albany to a new location. Ms. Blanchard stated that some Board members will recall that eight years ago the County had six closed bridges. She stated after the Lounsbery-Valley Road bridge project is completed this year and into next year, the County will have reopened all of those six bridges. She said this is due to excellent staging of these projects by County staff and an aggressive approach to securing federal and state funding through the Ithaca -Tompkins Transportation Council and the support from this Board for the bridge program. Ms. Blanchard concluded her report by reminding the Board of the following events: May 9 at 11 a.m. - Significant Elements ribbon -cutting ceremony. This is a partnership between the Tompkins County Solid Waste Division and Historic Ithaca to recycle architectural elements, such as doors and sinks. May 11 at 9 a.m. - Tour of summer road and bridge projects. (This event was subsequently canceled.) May 20 at 3 p.m. - Ribbon -cutting ceremony at the Bostwick Road Facility. Frank Proto raised concern that the study referred to in the resolution authorizing agreement no. 4 for a runway safety analysis had already been done a number of years ago. Ms. Blanchard was granted permission to withdraw the resolution entitled Authorizing Supplemental Consultant Agreement No. 4 with C&S Engineers, Inc., for General Airport Consultant Services in Connection with Runway Safety Area Analysis - Ithaca Tompkins Regional Airport so that this matter could be looked into. RESOLUTION NO. 82 - AUTHORIZATION TO CONTRACT WITH NEW YORK STATE DEPARTMENT OF TRANSPORTATION FOR A $367,000 COMMUNITY SOLUTIONS FOR TRANSPORTATION GRANT — TOMPKINS CONSOLIDATED AREA TRANSIT MOVED by Ms. Blanchard, seconded by Mr. Proto, and unanimously adopted by voice vote by members present. WHEREAS, in 2000, Tompkins Consolidated Area Transit (TCAT), the Tompkins County Department of Social Services and other human service and employment training agencies developed a Job Access and Reverse Commute Plan for Tompkins County, and 150 May 7, 2002 WHEREAS, the Job Access and Reverse Commute Plan was the basis for grant proposals submitted to the Federal Transit Administration and the New York State Departments of Labor and Transportation in 2000 and 2001, and WHEREAS, Tompkins County submitted a request for a grant of funds to the New York State Department of Transportation, pursuant to the State Community Solutions for Transportation (CST) Transportation Program, for a program of projects designed to increase access for CST recipients to employment, as identified through a joint planning process, and consistent with the services described in the CST Application approved by the New York State Department of Transportation and the New York State Department of Labor, for a period of twenty-four months, from project start, and WHEREAS, Tompkins County and the State of New York are hereby entering into an Agreement that authorizes the undertaking of the Project and payment of the Federal Share for the project, now therefore be it RESOLVED, on recommendation of the Public Works Committee, That the Tompkins County Board of Representatives accepts said grant on behalf of Tompkins Consolidated Area Transit, RESOLVED, further, That the Tompkins County Contracts Coordinator is authorized to sign the grant agreement between the New York State Department of Transportation and Tompkins County for the above named project, RESOLVED, further, That the Tompkins County Contracts Coordinator is authorized to sign any and all agreements between Tompkins County, Tompkins Consolidated Area Transit, and any third -party subcontractors necessary to complete the project, if applicable. SEQR ACTION: TYPE 11-20 RESOLUTION NO. 83 - AUTHORIZING ACCEPTANCE OF A FEDERAL AVIATION ADMINISTRATION (FAA) GRANT FOR COMPENSATION TO THE AIRPORT SPONSOR FOR A PORTION OF THE DIRECT COSTS ASSOCIATED WITH NEW, ADDITIONAL OR REVISED SECURITY REQUIREMENTS IMPOSED ON THE AIRPORT OPERATOR BY THE ADMINISTRATION ON OR AFTER SEPTEMBER 11, 2001— ITHACA TOMPILNNS REGIONAL AIRPORT MOVED by Ms. Blanchard, seconded by Mr. Todd, and unanimously adopted by voice vote by members present. It was noted that this will be paid for with funds from the Airport Fund Balance. WHEREAS, the terrorist attacks of September 11, 2001 resulted in certain additional security mandates being imposed by the Federal Aviation Administration (FAA) on airports across the United States, and WHEREAS, the Federal government has determined that since these atrocities were attacks against our nation, additional security measures designed to protect our airports should become the government's responsibility, and WHEREAS, the additional costs for law enforcement presence, security patrols, and equipment during the period of heightened alert amounted to $8,742, now therefore be it RESOLVED, on recommendation of the Public Works Committee, That the grant offer from the FAA of $8,742 to cover these additional costs from September 15 — December 31, 2001 be, and hereby is, accepted and that the County Administrator is authorized to execute the required documents. SEQR ACTION: TYPE II -2 RESOLUTION NO. 84 - AUDIT OF PENULTIMATE PAYMENT — HAYNOR HOYT, CORPORATION — TOMPKINS COUNTY PUBLIC LIBRARY 151 May 7, 2002 MOVED by Ms. Blanchard, seconded by Ms. Kiefer, and unanimously adopted by voice vote by members present. WHEREAS, Haynor Hoyt, Corporation, General Contractor, has completed their contract to our satisfaction for the Tompkins County Public Library, now therefore be it RESOLVED, on recommendation of the Public Works Committee, That the following claim against the County of Tompkins, be and hereby is audited by the Board of Representatives: Vendor Haynor Hoyt, Corporation Payment Request Account No. Amount (17) HL7480.59239.74.80 $152,279.57 RESOLVED, further, That the Finance Director be and hereby is authorized and directed to pay said claim from Account No. HL7480.59239.74.80. SEQR ACTION: TYPE 11-20 RESOLUTION NO. 85 - AUTHORIZING AN AGREEMENT WITH THE TRANSPORTATION SECURITY ADMINISTRATION (TSA) TO PROVIDE A LAW ENFORCEMENT PRESENCE IN THE PASSENGER TERMINAL — ITHACA TOMPKINS REGIONAL AIRPORT MOVED by Ms. Blanchard, seconded by Mrs. Schuler, and unanimously adopted by voice vote by members present. WHEREAS, the Transportation Security Administration (TSA) has mandated replacement of the National Guard by May 10, 2002 with local Law Enforcement Officers (LEDs) and that said LEOs must staff the security screening point for all pre -departure screening activity, and WHEREAS, consideration was given to providing this service with both State Police personnel and with Tompkins County Sheriff's Office personnel, and WHEREAS, it was determined that the Sheriff's Office option was more cost-effective, and WHEREAS, a proposed Memorandum of Agreement (MOA) and supporting documentation indicate that the TSA will provide reimbursement for the costs associated with providing LEO coverage, including overtime if necessary, and WHEREAS, since the airport is owned by the County of Tompkins, it is deemed desirable to meet this commitment with the Tompkins County Sheriff's Deputies, and WHEREAS, since this is a TSA mandate to protect passengers traveling on scheduled airline service from the airport terminal, it is considered appropriate that the airport should stand as guarantor for these costs in the event that reimbursement is delayed or not forthcoming, now therefore be it RESOLVED, on recommendation of the Public Works and Public Safety Committees, That the MOA with the TSA be approved and that the County Administrator be and hereby is authorized to execute said agreement with the TSA, RESOLVED, further, That the Airport agrees to reimburse the Sheriff's Office for actual costs incurred in performing security duties, RESOLVED, further, That the Sheriff agrees to maintain a separate detail log for all security services at the Airport, including, but not limited to: employee name, hourly rate, date of service, and hours of service. SEQR ACTION: TYPE 11-20 Report from the Municipal Electric and Gas Alliance 152 May 7, 2002 Ms. Blanchard, Member, reported MEGA met on April 10. She displayed a brochure that has been produced and reported the Alliance now has members from six counties. She reported it participated in the NYSEG/Public Service Commission settlement that will unfold in the next several months. The outlook is favorable for more competition in NYSEG territory and MEGA participants will receive slightly improved rates. Report from the Planning Committee Mrs. Kiefer, Chair, reported the Committee met on April 8 at Cooperative Extension and was introduced to Mark Sawyer, a new employee in the Planning Department. She said it was reported that the Extension Board is in the midst of reviewing Cooperative Extension's role image, and visibility in the community and is exploring the possibility of a change in its name to downplay the word "Cornell" since that makes it hard to raise money in Tompkins County. Ms. Kiefer reported the Committee has completed its work establishing goals for 2002 and distributed them today. At that meeting the Committee also heard more information on oil and gas drilling on County -owned land and will continue that discussion at the next meeting. The Committee also heard updates on the Aquifer study and staff recommendations on the purchase of development rights. She reported Herb Beckwith and AES Cayuga have requested that the County support AES's position on the proposed Department of Environmental Conservation regulations to reduce emissions from electricity generation plants. The Committee is awaiting input on this from the EMC's energy committee. The Planning Departments Article in the County Charter was revised and a majority of the Committee agrees to support the Planning Commissioners proposal to delete the Planning Federation, to add the EMC, and to expand the Planning Advisory Board. Kate Hackett, water resources planner, reported on a revised proposal from the U.S.G.S. to conduct a Needs Assessment for county -wide aquifer study, and the committee supports acceptance of this proposal. An additional committee meeting was held May 6 to deal with regular Planning Department business. Mr. Winch was excused at 7:38 p.m. and Mr. Todd was excused at 7:45 p.m. Recess Mr. Joseph declared recess from 7:49 p.m. to 7:59 p.m. Report from the Government Operations Committee Mr. Koplinka-Loehr, Chairman, reported the Committee will meet on May 14 at 11:30 a.m. Report from the Economic and Workforce Development Committee Mr. Lane, Chairman, reported the Committee will meet on May 9th at 2 p.m. at the Workforce Development Center. Mr. Lane announced Representative Herrera convened the first meeting of the Joint Working Group for the labor partnership. That group hopes to report back by the end of August on development principles. Report and Presentation of Resolution(s) from the Communications Capital Proiects Committee Ms. Blanchard, Chair, reported the Committee met on April 30 and spent most of the meeting discussing the paging system proposal and the process to move forward with the 911 Center. She announced five departments are involved in preparation of the RFP and expects it to be released on May 8th. She also announced a bidders' conference is scheduled for June 3. Ms. Blanchard also reported Mr. Shurtleff, Director of Emergency Communications, will be organizing a field trip to 911 centers in other counties. 153 May 7, 2002 RESOLUTION NO. 86 - AUTHORIZATION TO ENTER INTO AN AGREEMENT WITH EGNER ARCHITECTURAL ASSOCIATES, LLC, FOR PROFESSIONAL SERVICES — PUBLIC SAFETY COMMUNICATIONS CENTER MOVED by Ms. Blanchard, seconded by Mr. Proto, and unanimously adopted by voice vote by members present. WHEREAS, the County of Tompkins has approved a Capital Project for the construction and development of a public safety communications center (consolidated 911 center), and WHEREAS, in order to obtain a schematic design of the Consolidated Communications Center, it is necessary to enter into a professional services agreement, now therefore be it RESOLVED, on recommendation of the Communications Capital Projects Committee, That the County Administrator be authorized and directed to enter into an agreement with Egner Architectural Associates, LLC, for professional design services in an amount not to exceed $37,500. SEQR ACTION: TYPE II -20 Report and Presentation of Resolution(s) from the Space Needs and Location Committee Mr. Joseph, Chair, reported the Committee held a meeting and discussed information that is needed in order to move forward with examining the County's options. RESOLUTION NO. 87 - AUTHORIZATION TO ENTER INTO AN AGREEMENT WITH WELLIVER MCGUIRE FOR PROFESSIONAL SERVICES — COST BENEFIT ANALYSIS OF SPACE ALTERNATIVES FOR THE SPACE NEEDS AND LOCATION COMMITTEE — ADMINISTRATION MOVED by Mr. Lane, seconded by Ms. Kiefer. Mr. Koplinka-Loehr said he opposed this in Committee because he felt the price was inflated. A voice vote resulted as follows: Ayes - 8, Noes - 4 (Representatives Blanchard, Koplinka-Loehr, Penniman, and Totman); Excused - 1 (Representative Herrera). RESOLUTION ADOPTED. WHEREAS, the Space Needs and Location Committee requires comprehensive and detailed estimates including a cost -benefit analysis of various space use options and alternatives, and WHEREAS, this information is essential in determining the feasibility of any future capital renovations or projects as they relate to the use of space in the downtown area, and WHEREAS, in order to complete the task in a reasonable timeframe it was not feasible to use only existing staff, now therefore be it RESOLVED, on recommendation of the Space Needs and Location Committee, That the County Administrator be authorized and directed to enter into an agreement with Welliver McGuire for professional consulting services in an amount not to exceed $49,300. SEQR ACTION: TYPE II -20 Report from the Charter Review Committee Mr. Lane, Chairman, reported at the last meeting the Committee heard from Cathy Valentino, Town of Ithaca Supervisor. Ms. Valentino addressed the issues of vacancies on the Board of Representatives and the County's redistricting process with the Committee. Mr. Lane said at the next meeting the Committee will be discussing the possibility of changing the name of the Board of Representatives to the Tompkins County Legislature. The next meeting is May 8. 154 May 7, 2002 Mrs. Schuler was excused at 8:00 p.m. Report from the Fiscal Management Committee Mr. Joseph, Chairman, reported the Committee met on May 1 and approved the filling of two positions. He briefly explained the process being used by the Committee and announced the Committee will meet the second and fourth Friday of each month at 11:30 a.m. Report from the Public Safety Building Space Planning Committee Mr. Joseph, Chairman, announced next week's meeting has been canceled. The Committee will meet again on May 17 at 9:30 a.m. Approval of Minutes of Arid! 16.2002 It was MOVED by Mr. Totman, seconded by Mr. Booth, and unanimously adopted by voice vote by members present, to approve the minutes of the April 16, 2002 meeting as submitted. MINUTES APPROVED. Adjournment The meeting adjourned at 8:06 p.m. 155 May 21, 2002 Regular Meeting Called to Order Chair Joseph 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 Mechthild Nagel, City of Ithaca, spoke against Jail expansion and presented reasons for creating a public defender's office. A case needs to be looked at before it comes to the courts' attention to see if there is effective counsel. She spoke about the number of attorneys in the District Attorney's office and feels there is a problem of distributed justice and equality of access. The effectiveness of an assigned - counsel office needs to be reconsidered. There are many private attorneys in this area that can choose which case to take. She hopes that the County will look into implementing a fulltime public defender in the future. Deb Grantham, Town of Dryden Board Member, said she wanted to speak about two items: aquifer study and Cayuga Lake Watershed Intermunicipal Organization. She commented that the Town of Dryden is very interested in conducting an aquifer study for the Virgil Creek Aquifer which is located mostly in the Town of Dryden. The Town is waiting for USGS to receive the contract back from Albany which will then be delivered to the Town. The Town has not seen budget figures yet but understands it could be around $400,000 for the entire study. Thirty percent will be paid by USGS and seventy percent by the Town of Dryden. The New York State Department of Environmental Conservation has been contacted which has a cooperative agreement annually with USGS to do aquifer studies around the State; the DEC is also interested in the Virgil Creek Aquifer and may contribute some funds, too. She explained why there is interest in aquifer studies and what the products are. Generally, USGS prepares a combination report and set of maps and cross sections of the subsurface materials. The Town is hoping for data on the extent and depth of the aquifer, the recharge (the area of land that replenishes the aquifer), the volume of the aquifer, and how much water it can produce. The third phase includes modeling that does particle tracking, which will help determine how long the water is in the aquifer, and what sources of pollution may impact the quality of water. With all this information, the Town will be able to help protect the aquifer. She spoke of her support for the County's proposal for an aquifer study needs assessment. Ms. Grantham also spoke about the County's membership in the Cayuga Lake Watershed Intermunicipal Organization and thanked the County for its participation. The Water Resources Council utilizes the management plan for developing the water quality strategy for the County. There is now a request that the Management Plan be implemented by the County which also includes a $900 annual membership fee. Two applications have been submitted to the State, one for bond act funding and one for Great Lakes Coastal Funding. If those applications are funded, it will be approximately $400,000 and most of the work will be done in Tompkins County. The most serious problems with lake quality were identified in the southern end of the lake. Peter Meskill, County Sheriff, announced he issued a warning and press release this afternoon to people using the lake; because of the high water level there is a no wake policy in effect for 500 feet from shoreline until further notice. 156 May 21, 2002 Kenny Christianson, Chair of the Energy Committee of the Environmental Management Council, reported on a meeting he attended in Syracuse with the Public Service Commission. They are interested in consumer outreach efforts to encourage reduced electricity use especially during the summer peeks. He distributed information and brochures to Board members. He also reported the Energy Committee is recommending developing a purchasing policy for the County for purchases of appliances, etc. that are energy efficient. The Committee has also been monitoring the solar panels at the Library and hope to have a report for the Board in a few months. There have also been discussions concerning the next steps in the Cities for Climate Protection program. Privilege of the Floor by Board Members Mr. Proto, District No. 7 Representative, spoke about the memorandum received from Kenny Christianson, Chair, Tompkins County Environmental Management Council Energy Committee, concerning Acid Rain Regulations and AES Cayuga's position. He reported while the memo is well- done, not everyone agrees with the conclusion that the Committee has reached supporting fuel -neutral regulations. Mr. Proto said there is some support for fuel -specific regulations, but due to time constraints, a resolution was not brought forward to the Board this evening. Mr. Proto also reported in his capacity as a Commissioner with the New York State Education Department Archives Division. He announced grants that have been received in Tompkins County. Tompkins County will be receiving $24,000 for microfilming, the Village of Dryden will receive $6,700 for active records, and the Town of Ithaca will receive $14,922 for inactive records. Mrs. Schuler, District No. 4 Representative, announced she attended the Tompkins Community Action annual board meeting last Friday. Mrs. Schuler said it was a very exciting program with Eva Cochran, Chair of Early Childhood at Tompkins Cortland Community College, being the guest speaker. Donna Brown, of Newfield, received the Tompkins Community Action Award for her many years in the Start Smart Program. The Joseph Cassanetti Community Service Award went to Orange Tree Theatre Company. Mrs. Schuler said she also attended the first graduation ceremony from the Tompkins County Family Treatment Court today. Mr. Winch, District No. 8 Representative, reported he attended a Foster Care Recognition Dinner last Friday evening. He said the Department of Social Services runs an excellent program for foster children. He said the event was well attended and it was pleasing to see many individuals being recognized for several years of providing foster homes to children in Tompkins County. Mr. Booth, District No. 3 Representative, said the County has not done a good job explaining to the public why some assessments in some places have gone up so rapidly. He said it is important that people understand that while the County does have budget problems and the County's budget is tied to total assessments, the Board did not order or decide that people's assessments should go up to deal with those problems. Mr. Booth said the issues are related but are not coming from the same decisions. Ms. Herrera, District No. 5 Representative, reported she had co-sponsored a public meeting in her district last evening at which many people were in attendance to talk about their increased assessments. She said the Fall Creek and Cayuga Heights areas have been hit hard with increased property values. Ms. Herrera complimented Assessment Department staff for doing a good job explaining how assessments are conducted, dispelling some of the myths about assessment, and explaining the grievance procedure. She said there was also discussion about Tompkins County's 2003 budget, and a report on the Ithaca Falls Lead remediation Project. There will be some public information sessions before the next phase of the Lead remediation in June, and she will be keeping the Board informed as to when those dates will be. 157 May 21, 2002 Ms. Kiefer, District No. 10 Representative, reported she attended a Village of Cayuga Heights Board meeting last evening where there were a number of residents who were also concerned about their assessment. Ms. Kiefer also reported on the seismic testing the County authorized in connection with the leasing of County land for oil and gas drilling some time ago. She said the County gave permission for one company to do one-time seismic testing a while back and has been waiting to receive information on when this will take place. Ms. Kiefer said she has been informed it will take place in Newfield within the next couple of weeks. They will provide the County's EMC Coordinator two to three days notice before this occurs so that those who are interested may observe. Ms. Kiefer asked that if any Board member is interested, that they contact her or Heather McDaniel in the Planning Department. Mr. Penniman, District No. 15 Representative, reported he attended the Assessment Review Board meeting in Ulysses and there was greater attendance than at any of these meetings he has attended since he came on the Board. Mr. Penniman said occasionally there are errors in the assessment and encouraged the public to verify the information relating to their property at the Assessment Department. Ms. McBean, District No. 2 Representative, reported Bernie Milton who was a long-standing, well-known citizen in the community passed away. She said Bernie served the community and nation well by volunteering his time to the community and through his music and his voice on the radio. She announced the public can express sympathy to his family and friends on May 23rd at the Southside Community Center to share and glorify his memory. Mr. Todd, District No. 6 Representative, announced last week he attended a scheduled grievance day in Lansing for assessment. He said the assessed values in Lansing probably went up more than any place in the County. Mr. Todd praised the Assessment Department for the very professional way a very difficult situation in Lansing was handled. He said Assessment staff came very well-prepared and well- equipped to answer questions. Mr. Lane, District No. 14 Representative, said New York State has fmally adopted a budget and while supporting a $1 billion tax rate decrease, mostly for businesses in New York State, we have seen cutbacks in many areas that have to be funded. He gave an example of the loss in maintenance aid for the highway system which will amount to approximately $550,000 over a two-year period to Tompkins County. Mr. Lane said there are now new Economic Development Zones to be funded and established in various parts of the State, including one in Schuyler County. Mr. Lane said this will leave Tompkins County as one of the very few localities in the State that does not have an Economic Development Zone. He said it is time Tompkins County has one of these to level the playing field across the State so that businesses can be given the kind of incentive to come here and establish jobs that they are being given in neighboring counties. Mr. Lane said the Economic and Workforce Development Committee will be looking at this in the coming months along with Tompkins County Area Development. Mr. Todd, District No. 6 Representative, said he thinks the Board needs to take a look at how many out -of -County residents are employed inside Tompkins County. Report from Municipal Official Mark Varvayanis, Town of Dryden Supervisor, spoke of the aquifer study and said there are 16 aquifers that the USGS and DEC are looking at Statewide for funding, only one of which is in Tompkins County (Virgil Creek). Mr. Varvayanis said although Dryden is planning to proceed with paying to study this aquifer he believes the County should contribute toward the cost. Chair's Report and Appointment(s) 158 May 21, 2002 Mr. Joseph spoke of the budget scenarios departments have been asked to prepare and submit to the County Administrator. He said program committees began looking at those scenarios today and presented them with the following charge: "I am asking program committees to look at the scenarios for 20 percent spending cuts that were submitted by departments in order to gain a sense of the impact that such cuts would have. Action on these scenarios is neither requested nor anticipated. Rather, examination of these scenarios is an early step in educating Board members about what is at stake in contemplating cuts of this magnitude. The knowledge gained and shared through this process will inform the decisions that must be made later when the formal budget process begins. "While no action will be taken on these scenarios at this point, I encourage committee members to engage in discussion with each other and with departmental staff to understand the impact of cuts and to provide feedback on the nature and level of impacts that they would find acceptable. The review of these scenarios may include departmental plans for the use of rollover to effect a smooth transition to reduced spending levels if such plans are available. "I ask committees to also discuss with departments the steps that are being taken this year to reduce current spending. I know these steps are being taken and the program committees need to be aware of them and of their impact as well. "When these reviews are completed I ask committee chairs to report back to me about what levels of reduction appear to be realistically achievable in the departments overseen by their committee." Mr. Joseph said he expects two resolutions to soon come forward from the Budget and Capital Committee. The first is to charge the County Administrator with identifying spending reductions in this year's budget and the other is an amendment to the Capital Program that will take at least one step in tackling the Capital Program which is also a serious part of the County's budget problems. Appointment(s) Mr. Joseph appointed Richard Booth to replace Michael Lane on the Communications Capital Projects Committee. Report from the County Administrator Mr. Whicher said all Board members should have received the budget scenarios summary that was prepared by Kathy Smithers, Deputy County Administrator. He reminded Board members that this information is confidential and not subject to the Freedom of Information Law. Mr. Whicher said he has asked Wendy Skinner to provide an executive summary report of the scenarios that is now available for public viewing. Mr. Whicher thanked both Mrs. Smithers and Ms. Skinner for their hard work. Mr. Whicher requested an executive session later in the meeting to discuss contract negotiations. Report from the County Attorney Mr. Wood said he reported at the last Board meeting that a motion had been filed to dismiss the Town of Ithaca's case relating to the Bostwick Road Facility, on the grounds that the case is moot because the facility has already been constructed. He said that motion was not granted. This case is the only one where the County has obtained outside counsel. Report from the Finance Director 159 May 21, 2002 Mr. Squires reported on the successful foreclosure auction that was recently conducted and said May 241 is the deadline for purchasers to pay for the property that was bid on. He said there were over 100 people in attendance and that the County needs to begin looking into other locations that would accommodate a large crowd. Mr. Squires spoke of the Pinnacles property in the Town of Caroline that was withdrawn from the list of parcels being sold at auction and said he was contacted by Cornell Real Estate who informed him they will be making an offer for the property soon. Resolution(s) Added to the Agenda On motion and duly seconded and unanimously adopted by voice vote, the following resolution(s) were added to the agenda: Approval of Contract for Beautification Plan Resolution(s) Withdrawn from the Agenda There were no resolution(s) withdrawn from the agenda. Approval of Resolution(s) Under the Consent Agenda It was MOVED by Mr. Penniman, seconded by Mr. Booth, and unanimously adopted by voice vote, to approve the following resolution(s) under the Consent Agenda: RESOLUTION NO. 88 - BUDGET ADJUSTMENTS — VARIOUS DEPARTMENTS MOVED by Mr. Penniman, seconded by Mr. Booth, and unanimously adopted by voice vote under the Consent Agenda. RESOLVED, on recommendation of the Public Safety and Health and Human Services Committees, That the Director of Finance be directed to make the following budget adjustments on his books: PUBLIC SAFETY COMMITTEE Probation (#34) Revenue Acct Title Amt Approp Acct Title(s) 3991 43310 Probation Services $12,156 3991 51000 Salaries 3991 43310 Probation Services $ 300 3991 54303 Office Supplies 3991 43310 Probation Services $ 300 3991 54330 Printing 3991 43310 Probation Services $ 400 3991 54332 Books 3991 43310 Probation Services $ 1,000 3991 54412 Travel/Training 3991 43310 Probation Services $ 300 3991 54414 Local Mileage 3991 43310 Probation Services $ 300 3991 54452 Postage 3991 43310 Probation Services $ 400 3991 54472 Telephone Explanation: Probation Services aid as well as appropriations were under -reported. HEALTH AND HUMAN SERVICES COMMITTEE Mental Health Services (#31) Revenue Acct Title Amt Approp Acct Title(s) 4310 43485 MICA Coordinator $77,500 4310 51000 MICA Coordinator Explanation: Dual Addiction Coordinator new position. 160 Community Health Revenue Acct 4016 44959 4016 44959 4016 44959 4016 44959 4016 44959 4016 44959 Explanation: May 21, 2002 Services (#32) Title Amt Approp Acct Title(s) Federal Grant Federal Grant Federal Grant Federal Grant Federal Grant Federal Grant $10,359 4016 51763 $ 2,693 4016 58800 $ 1,185 4016 54303 $ 275 4016 54330 $ 6,740 4016 54333 $ 8,015 4016 54442 Renewal of Tobacco Grant, fiscal year starting June 1, 2002. SEQR ACTION: TYPE II -20 Salary, Health Educator Fringe Benefits Office Supplies Printing Education/Promotion Professional Services RESOLUTION NO. 89 - AUTHORIZING THE DEPARTMENT OF SOCIAL SERVICES TO CONTRACT WITH A PROVIDER OF VOLUNTARY MEDICAID MANAGED CARE MOVED by Mr. Penniman, seconded by Mr. Booth, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, many healthcare providers in and around Tompkins County do not accept Medicaid recipients as clients due to the program's relatively low fee -per -service rates, and WHEREAS, New York State encourages local districts to offer voluntary Managed Care for the purpose of improving client access to care while reducing long-term per -client costs, and WHEREAS, Total Care, Inc., of Syracuse, New York, the only provider presently interested in running a program in our area, recently had its Managed Care plan approved by the State, now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, That the Department of Social Services is authorized to contract with Total Care, Inc., for the period June 2002 through September 2003. SEQR ACTION: TYPE II -20 RESOLUTION NO. 90 - AWARD OF BID — TOMPKINS COUNTY CASWELL ROAD LANDFILL FINAL COVER SYSTEM AND LEACHATE SYSTEM ENHANCEMENTS — CAPITAL PROJECT MOVED by Mr. Penniman, seconded by Mr. Booth, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, the Tompkins County Finance Department has duly advertised for bids for the Tompkins County Caswell Road Landfill Final Cover System and Leachate System Enhancement project, and WHEREAS, four (4) bids were received and publicly opened and read on April 29, 2002, now therefore be it RESOLVED, on recommendation of the Public Works Committee, That the bid be awarded to Procon Contracting, LLC, of Vestal, New York, as the lowest responsible bidder as follows: General Construction Contract $545,000 Perimeter Fence — Additive Bid No. 2 $ 15,000 TOTAL $560,000 RESOLVED, further, That the County Administrator is hereby authorized to enter into contracts with the successful contractor and to execute change orders of up to ten (10) percent of the contract total, 161 May 21, 2002 RESOLVED, further, That the Solid Waste Division be authorized to implement this bid on behalf of the County, funds beings available in Capital Account HH8101.59239. SEQR ACTION: TYPE II -1 and 2 RESOLUTION NO. 91 - AUTHORIZATION TO EXECUTE EXTENSION OF SNOW AND ICE AGREEMENT WITH THE NINE TOWNS IN TOMPKINS COUNTY MOVED by Mr. Penniman, seconded by Mr. Booth, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, the County of Tompkins has heretofore entered into an agreement with the nine (9) towns in Tompkins County pursuant to Section 135a of the State Highway Law relating to removal of snow and ice from County highways in towns and incorporated villages, and WHEREAS, said agreement provides for an annual review to consider modifications to such snow and ice services, and WHEREAS, it would be in the best interest of the County to extend said agreements currently set to expire December 31, 2002, as modified and updated, for an additional three-year period, now therefore be it RESOLVED, on recommendation of the Public Works Committee, That an extension of said snow and ice agreement is hereby authorized for a period of three years from January 1, 2003, through December 31, 2005, and the County Administrator be and hereby is authorized and directed to execute such extension on behalf of the County. SEQR ACTION: TYPE 11-20 RESOLUTION NO. 92 - AUTHORIZATION TO EXECUTE A SUPPLEMENTAL AGREEMENT WITH HUNT ENGINEERS, ARCHITECTS AND LAND SURVEYORS, FOR CONSTRUCTION INSPECTION — NORTH TRIPHAMMER ROAD BRIDGE (BIN 3314360) AND HIGHWAY RECONSTRUCTION MOVED by Mr. Penniman, seconded by Mr. Booth, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, Resolution No. 139 of 2001 authorized execution of an agreement with the New York State Department of Transportation regarding authorization and funding of Construction and Construction Inspection of a Project for the North Triphammer Road Bridge and Highway Reconstruction, P.I.N. 375228, (the Project) in the Town of Lansing, and WHEREAS, said Resolution No. 139 also made available the sum of $2,326,000 within account HZ5103.59239.53.01, Triphammer Capital Project Account, to cover the cost of participation in the Construction phase of the Project, and WHEREAS, Resolution No. 257 of 1998 authorized a contract with Hunt Engineers, Architects and Land Surveyors, P.C., (Hunt) for design of the Project and supplemental agreements for construction engineering services, and WHEREAS, the County Highway Division has reviewed and approved a proposal from Hunt to perform Construction Inspection and Supervision work for the Project, now therefore be it RESOLVED, on recommendation of the Public Works Committee, That the County Administrator or designee be or hereby is authorized to execute Supplemental Agreements with Hunt Engineers, Architects and Land Surveyors of Airport Corporate Park, 100 Hunt Center, Horseheads, New York, for Construction Inspection and Supervision work for the Project or portions thereof, for amounts not to exceed those authorized by Resolution No. 139 of 2001, or amendments, for this work. 162 SEQR ACTION: TYPE 11-20 May 21, 2002 RESOLUTION NO. 93 - AUTHORIZING A FIVE-YEAR AGREEMENT WITH MICHAEL HERZING OF BIG AL'S HILLTOP QUIKSTOP, INC., TO OPERATE AN AUTOMATIC TELLER MACHINE (ATM) IN THE PASSENGER TERMINAL — ITHACA TOMPKINS REGIONAL AIRPORT MOVED by Mr. Penniman, seconded by Mr. Booth, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, the agreement to provide Automatic Teller Machine (ATM) services in the passenger terminal of the Ithaca Tompkins Regional Airport will expire on May 31, 2002, and WHEREAS, a Request for Proposals was issued for provision of ATM services and one acceptable proposal was timely received from Michael Herzing, President of Big Al's Hilltop Quikstop, Inc., of 1103 Danby Road, Ithaca, New York, now therefore be it RESOLVED, on recommendation of the Public Works Committee, That a five-year agreement with Michael Herzing be approved and that the County Administrator be and hereby is authorized to execute said agreement. SEQR ACTION: TYPE II -20 RESOLUTION NO. 94 - AUTHORIZATION TO EXECUTE QUITCLAIM DEEDS — SALE OF FORECLOSURE PROPERTIES AT PUBLIC AUCTION MOVED by Mr. Penniman, seconded by Mr. Booth, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, by tax foreclosure proceedings, the County acquired certain parcels in the County, and WHEREAS, said properties were sold, contingent upon Board approval, at public auction on May 11, 2002, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, 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 quitclaim deeds for all parcels sold at the public auction. SEQR ACTION: TYPE II -20 Approval of Appointment(s) Under the Consent Agenda It was MOVED by Mr. Penniman, seconded by Mr. Booth, and unanimously adopted by voice vote, to approve the following appointment(s) under the Consent Agenda: Ethics Advisory Board W. David Curtiss, term expires December 31, 2005 Library Board of Trustees Marcia J. Fort — term to expire December 31, 2004 Personal Emergency Response Service Advisory Board Lizabeth A. Norton — Disabled or elderly agency representative; term expires December 31, 2003 163 May 21, 2002 Presentation of Resolution from the Government Operations Committee RESOLUTION NO. 95 - AUTHORIZING THE EXTENSON OF AUDIT CONTRACT WITH CIASCHI, DIETERSHAGEN, LITTLE, & MIKELSON, LLP MOVED by Mr. Koplinka-Loehr, seconded by Ms. Kiefer. Mr. Proto disclosed that he is in a partnership arrangement with one of the members of this firm in a property that has no connection with Tompkins County. A voice vote on the resolution resulted as follows: Ayes — 15, Noes — 0. RESOLUTION ADOPTED. WHEREAS, governmental accounting standards and financial reporting requirements have been substantially modified as a result of the adoption of GASB Statement No. 34 (GASB 34), and WHEREAS, Tompkins County will be required to implement the provisions of GASB 34 effective 2003, and WHEREAS, the modification of fmancial reporting for compliance with GASB 34 will require an extraordinary coordination between the County and its external auditor, and WHEREAS, our current auditor, Ciaschi, Dietershagen, Little, & Mikelson, LLP, has a significant understanding of the County's financial reporting systems which would enhance the County's effort to transition to the new accounting model, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the Director of Finance is authorized to accept a proposal for contract extension of the audit engagement with Ciaschi, Dietershagen, Little, & Mikelson, LLP, for the years 2002 — 2004. SEQR ACTION: TYPE II -20 Report from the Public Safety Committee Mrs. Schuler, Chair, reported the Committee will meet tomorrow at 10:30 a.m. to review budget scenarios. She said she has distributed copies of emergency planning guides to all Board members that should be delivered to municipalities. She shared a letter with the Board that had been written to Sheriff Meskill in which a former inmate complimented the humane way she was treated by corrections officers at the Tompkins County Jail during her incarceration. Report and Presentation of Resolution(s) from the Health and Human Services Committee Mr. Winch, Chairman, reported the Committee met on May 14th and received a presentation from Sandy Mulvey of the Department of Social Services on the Medicaid Managed Care Program. In 1997 New York State granted a federal waiver to implement a statewide program for Medicaid recipients which would require them to enroll in a managed care plan in order to receive services locally. He said this has been a long time coming and there will be only one company who will be providing services in Tompkins County although two are desirable. The company is Total Care and is a prepaid health services program which has been approved by the State. He said it may provide voluntary managed care in Tompkins County and will operate along the same lines as a regular managed care program. Each enrollee would have a fixed cost for the benefit package and any services not covered by the package would be covered by a fee for service Medicaid program. There are approximately 5,300 recipients in the County who would be eligible for a managed care program and of these 4,000 receive Medicaid through TANF funds. He said the County's cost should be approximately the same as it is right now. Mr. Winch said the Committee also heard from Anthony Deluca, Commissioner of Mental Health, about a Mental Illness Abuse Coordinator. This is a new position funded by the State for a dual diagnosis (substance abuse and mental illness) program for three years. Mr. Winch said Janice Johnson of the Youth Bureau also provided the Committee with a report on the municipal youth service system in Tompkins County. 164 May 21, 2002 RESOLUTION NO. 96 - APPROVAL OF AMENDED RECREATION PARTNERSHIP BYLAWS MOVED by Mr. Winch, seconded by Mr. Booth, and unanimously adopted by voice vote. WHEREAS, the Board of Representatives is a member of the Intermunicipal Cooperative Recreation Partnership, and WHEREAS, the Intermunicipal Cooperative Recreation Partnership's approved bylaws call for any changes to be approved by the Recreation Partnership's governing Board and all participating municipalities, and WHEREAS, the governing board of the Recreation Partnership amended their bylaws to include several clarifications related to voting on April 23, 2002, now therefore be it RESOLVED, on recommendation of Health and Human Services Committee, That the amended bylaws be and hereby are approved, RESOLVED, further, That a copy of the resolution approving the changes be sent to the County Youth Bureau as the department designated by the Recreation Partnership Board to provide administrative support. SEQR ACTION: TYPE II -20 Report from the Information Technology Services Committee Mr. Winch, Chairman, had no report. Report from the Public Works Committee Ms. Blanchard, Chair, began her report by calling the Board's attention to a notice attached to the agenda packet that gives choices of dates for the rescheduled tour of highway road and bridge projects. She asked that Board members provide her with an indication of which date they would prefer. Ms. Blanchard reported the Committee met on May 16. In preparation for the budget discussion meeting, the Committee received homework from the Highway Division, Public Works Administration, and Facilities. At that meeting the Committee authorized three purchases from unspent appropriations. The first is for the purchase of a phone switch for the Bostwick Road Facility. The existing phone system at Bostwick Road does not conform to the system in place for the rest of the County. A used switch was located at half the price of a new one. This will allow the system to be conformed to County protocols and also allows for expansion of the system as needed. She said this is a good investment for $12,000. The second is for a cooling unit in the Old Jail to replace the 1991 original equipment, that no longer operates at all, with Energy Star rated equipment. This $10,000 investment will be an energy saver. The third is for repair of an old chiller at the Old Library. This was not unanimously supported because there is still no determination about the future of that building. She said they were not happy with this choice to spend $15,000 but most of the Committee felt it had to be done to keep the building habitable in order for the programs going on there to be conducted in a supportive environment. Ms. Blanchard also reported the Committee authorized the purchase of a hydraulic excavator. The budget included $238,000 to purchase a Gradall which is a basic workhorse for the County's Highway Division. Instead, they will be purchasing an excavator for $120,000 which will allow them to keep up with ditching work, which extends the life of roads. This equipment switch results in a savings of $118,000. The Committee reviewed the status of the summer road projects with the Highway Manager. Ms. Blanchard said Board members should have received spreadsheet layouts identifying all the projects in 165 May 21, 2002 detail. She stated the road program was constructed on the assumption that the County would lose another $276,000 in CHIPS O/M money and receive $1 million in CHIPS capital funds from the State, as part of the State budget that was adopted last week. Ms. Blanchard also reported the Committee awarded the contract for the Caswell Road Landfill cover and leachate system enhancements to Procon Contracting of Vestal, New York. This work is Phase I of a multiphase project in which the cap and surface drainage will be improved. She stated the original estimate for this phase was $750,000-$800,000; the bid came in at $560,000. She said the Committee also reviewed a progress report on Airport capital projects. She specifically noted work on the expansion of the Crash Fire Rescue building began on April 1st, the new regional jet passenger boarding bridge has been installed and will be operational very soon, and deputies are on duty for security purposes. The County's contract with the Transportation Safety Administration for this security is for $700/day through December 1, 2003. Report and Presentation of Resolution(s) from the Planning Committee Ms. Kiefer, Chair, reported the Committee has met twice since the last Board meeting. At both meetings Vital Communities interim principles were discussed and a fmal copy was distributed this evening to all Board members. She said as of today 9 of the 16 municipalities in Tompkins County have adopted resolutions endorsing the County's adoption of these. One has supported the County's adoption of them by consensus and not resolution and six have not taken action. Ms. Kiefer said the Committee heard from the EMC's Energy Committee and began looking at the Planning Department's budget for 2002 and 2003. One result of that discussion will appear in a revised resolution regarding the Aquifer Study that will be taken up following this report. RESOLUTION NO. 97 - AUTHORIZATION TO CONDUCT AN AQUIFER STUDY NEEDS ASSESSMENT MOVED by Ms. Kiefer, seconded by Ms. Robertson. Mr. Todd said he cannot support this because he feels it is like "the camel's nose under the tent" and expenses will keep getting bigger. Mr. Lane said he is glad to see this move forward because he thinks studying the aquifers and doing this assessment is really needed. Mr. Proto said the Water Resources Council is in support of this. He also said the Towns of Caroline and Dryden have also committed funds to an aquifer study with the USGS. He said this is the first step down a long path to get this accomplished and urged other Board members to support this resolution. Ms. McBean said she appreciates the new information presented by Deb Grantham and the Planning Department's efforts to find a way to get this paid for. Mr. Booth said he will support this because a large number of people in the County depend on groundwater for their water supply and the increasing demands on the water supply makes it necessary to look at this. He noted that groundwater is the least well understood of all our natural resources. Mr. Penniman stated he will support this because aquifers typically cross municipal lines and it is difficult for towns to undertake this type of thing on their own and although this is expensive, pollution prevention is much cheaper than trying to clean up contaminated groundwater later. Mr. Totman said he agrees with Mr. Todd's analogy, however, he feels this project needs to be done eventually. Ms. Robertson said she understands the Board's concern for spending money at this time; however, she feels this needs to be done now. She said it is important that people understand this would lock the County into the thirty percent match from USGS no matter how long the project ends up taking. A voice vote resulted as follows: Ayes — 13, Noes — 2 (Representatives Todd and Totman). RESOLUTION ADOPTED. WHEREAS, the public health and the economic and environmental well-being of Tompkins County and its residents are dependent on safe and dependable supplies of drinking water, and 166 May 21, 2002 WHEREAS, all water supplies in Tompkins County originate from, or mix with, underground water sources and aquifers, and approximately 45 percent of the County's residents depend directly on groundwater supplies, and WHEREAS, it is possible to perform detailed studies of these underground water supplies and aquifers to better understand their hydrologic characteristics, and WHEREAS, some preliminary assessment must be made of existing data and of hydrogeologic characteristics of the study areas in order to determine the appropriate methods of investigation and estimate the costs to appraise each aquifer, and WHEREAS, both individual municipalities and the County need accurate cost estimates to assess financial feasibility of the study and for the County to use as a basis for a future capital program, and WHEREAS, the total cost of the needs assessment for surficial aquifers in Tompkins County conducted by the United States Geological Survey (USGS) is $7,500, and WHEREAS, the USGS will contribute thirty percent towards the cost of the needs assessment if Tompkins County enters into a contract with the USGS this fiscal year, which is expected to lock in the thirty percent match for Tompkins County as a USGS cooperator in the future, and WHEREAS, the County share of the cost of the needs assessment, $5,250, can be covered by reductions in spending that have been identified by the Department of Planning, now therefore be it RESOLVED, on recommendation of the Planning Committee, That the County Administrator or his designee is hereby authorized to enter into an agreement with the USGS for the purposes of preparing an aquifer study needs assessment. SEQR ACTION: TYPE II -21 Report from the Government Operations Committee Mr. Koplinka-Loehr, Chairman, reported the Committee met on May 14 and most of the business conducted at that meeting will come to the Board in the form of resolutions. He stressed the importance of having all members present at committee meetings because there were a number of votes that were 2-2. He said the Committee has been looking at salaries of elected officials and will continue that discussion at the next meeting on May 23rd. Report and Presentation of Resolution(s) from the Economic and Workforce Development Committee Mr. Lane, Chairman, reported the Committee met on May 9 at the Workforce New York Center for a tour of the facility. They discussed the issue of a wine center, on which there were originally mixed opinions from winery owners. The Downtown Ithaca Partnership and the Strategic Tourism Planning Board are now putting together a working group that would include representation from the City of Ithaca, Tompkins County, TCAT, and others to take a look at this concept, which was listed as an important concept in the recent tourism study (the Randall report). Mr. Lane said the Committee also heard the Fingerlakes Association has been reorganized and Bridgett Berry has now been selected to be on that Board for Tompkins County for a three-year term. Martha Armstrong of Tompkins County Area Development was in attendance at the meeting and discussed how TCAD it is trying to publicize its activities. He said the Committee toured the Workforce New York Center and was very impressed with the activities and layout of the center. Mr. Lane said the Committee met today and discussed budget issues. RESOLUTION NO. 98 - AUTHORIZING A PUBLIC HEARING ON PROPOSED LOCAL LAW NO. 2 OF 2002 — AMENDING SECTION 150-10 OF THE TOMPKINS COUNTY CODE - CHANGING THE SCHEDULED DATES ON WHICH FUTURE INCREASES IN THE ROOM TAX RATES ARE TO TAKE EFFECT 167 May 21, 2002 MOVED by Mr. Lane, seconded by Ms. Herrera, and unanimously adopted by voice vote. RESOLVED, on recommendation of the Economic and Workforce Development Committee, That a public hearing be held before the Board of Representatives in Board Chambers of the Tompkins County Courthouse, 320 North Tioga Street, Ithaca, New York, on Tuesday, June 4, 2002, at 5:30 o'clock in the evening thereof concerning proposed Local Law No. 2 of 2002 — Amending Section 150-10 of the Tompkins County Code - Changing the Scheduled Dates on Which Future Increases in the Room Tax Rates are to Take Effect. 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 -20 RESOLUTION NO. 99 - APPROVAL OF CONTRACT FOR BEAUTIFICATION PLAN MOVED by Mr. Lane, seconded by Ms. Herrera. Mr. Proto said he is having trouble funding something from a maintenance standpoint, and particularly a position which he feels should be paid for by the City of Ithaca as opposed to tourism funds. Mr. Lane noted downtown beautification was recommended in the Randall report, and the County has already approved this. He said it was originally thought that there was a possibility the County could do a portion of this planning. He said the County cannot do that so now a decision has been made to put the contract through the Chamber of Commerce. A voice vote resulted as follows: Ayes - 14, Noes - 1 (Representative Proto). RESOLUTION ADOPTED. WHEREAS, Resolution No. 78 of 2002 authorized spending $32,000 from the Room Tax Fund for the County Beautification Plan to further the County's tourism program, and WHEREAS, the County Administrator's Office requested time to investigate whether these services could be performed by existing staff in light of the impending budget shortfalls, and WHEREAS, the scope of services for the Beautification Plan requires expertise in the area of landscape planning and architecture which are not skills essential to any current County employee job description, and WHEREAS, the Chamber of Commerce wishes to lead this project to completion by accepting the revenue to contract out the work with those who have expertise in this area, now therefore be it RESOLVED, on recommendation of the Economic and Workforce Development Committee, That the County Administrator or his designee is authorized to execute an amendment to the Chamber of Commerce contract for $32,000 to carry out of the tasks outlined in the County Beautification Proposal dated April 3, 2002. SEQR ACTION: TYPE II -20 Report from the Charter Review Committee Mr. Lane, Chairman, reported the Committee continues to meet and review various sections of the Charter. At the last meeting they spent time discussing the Mental Health and Human Rights sections. The next meeting will be tomorrow at 1 p.m. Report from the Budget and Capital Committee Mr. Penniman, Chairman, thanked Board members for all the extra time that has been contributed to this difficult budget process. He also thanked staff for pulling information together for the Committee. He said the Committee met on May 14 and received good news from Mr. Squires on the sales tax receipts. Mr. Squires told the Committee there was a large increase in April above receipts from the 168 May 21, 2002 previous year. Mr. Penniman said the Committee discussed 2002 savings, the rollover process, and a proposal by Mr. Booth to set a target for 2002 budget savings with monitoring done for the remainder of theear to make sure the target is being met. Discussion will continue on this at the next meeting on May Y g g 281 from 2 p.m. to 5 p.m. He said he distributed a copy of the Committee's minutes to let Board members know what an uestions were asked in regard to rollover requests. There was also a brief discussion on q g cost -saver applications. Report from the Communications Capital Proiects Committee Ms. Blanchard, Chair, reported the Committee has not met since the last Board meeting. The next meeting will be May 28th at 11:30 a.m. Report from the Fiscal Management Committee Mr. Joseph, Chairman, reported the Committee will meet at 11:30 a.m. on May 24t. Report from the Space Needs and Location Committee Mr. Joseph, Chairman, said at the last meeting the Board approved the expenditure of $49,000 for a study. The results of that study are due tomorrow at 3 p.m. He invited all Board members to attend that presentation. Report from the Public Safety Building Space Planning Committee Mr. Joseph, Chairman, reported the Committee met and is preparing an RFP for jail building design. He noted the intent is not to redo the Labella study; this is picking up where it left off and conducting the next step. The Labella study provided the County with population projections for the Jail, space needs assessment for all the functions in the Sheriffs Department, and laid out the amount of space that was needed for all the various operations. This RFP is for design for actual construction and will allow for proposals to renovate the current building or construction of a new building if that is felt to be the least expensive alternative. They are also encouraging proposers to consider prefabricated construction. Ms. Kiefer asked if the RFP included any reference to the possibility of using NYSERDA grant money if energy-efficient construction is incorporated. Mr. Joseph said it does not; however, this could be added. Approval of Minutes of May 7, 2002 It was MOVED by Mr. Booth, seconded by Mr. Koplinka-Loehr, and unanimously adopted by voice vote, to approve the minutes of May 7, 2002 as submitted. MINUTES APPROVED. Recess Mr. Joseph declared recess from 7:21 p.m. to 7:31 p.m. Executive Session It was MOVED by Mrs. Schuler, seconded by Mr. Todd, and unanimously adopted by voice vote, to enter into executive session at 7:31 p.m. to discuss contract negotiations. The meeting returned to open session at 8:25 p.m. 169 May 21, 2002 Adjournment On motion the meeting adjourned at 8:25 p.m. 170 June 4, 2002 Regular Meeting Public Hearin — Local Law No. 2 of 2002 Chair Joseph called the public hearing to order at 5:30 p.m. concerning proposed Local Law No. 2 of 2002 - Amending Section 150-10 of the Tompkins County Code - Changing the Scheduled Dates on which Future Increases in the Room Tax Rates are to Take Effect. He asked if anyone wished to speak. No one wished to speak and the public hearing was closed at 5:31 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 Lane). Privilege of the Floor by the Public Gale Smith, Tompkins County Youth Board Chair, quoted the following paragraphs from the resolution establishing the Youth Board on June 30, 1977: 1. Assist county municipalities and agencies in identifying and meeting unmet needs of youth; 2. Assist in upgrading the quality of record keeping in the County so that adequate information can be available for program planning and evaluation; 3. Assist in affecting coordination between and among youth serving agencies; 4. Assist in the County comprehensive plan thereby maximizing availability of services, state matching fund capabilities, and the utilization of those funds within the County; 5. Assist county municipalities and agencies to be aware of and assist with applications for other state and federal grants for youth programs. Mr. Smith as a volunteer acts as the County's steward and oversees where and how County and State funds are invested in helping youth and advancing the development of more vital communities. Over 5000 children are served every year through youth bureau funding excluding those served through the Recreation Partnership. As part of the Youth Board's 25th Anniversary, past and present participants who have used the services funded by the County have been asked to attend Board meetings to speak under privilege of the floor to share their stories about the services they have received. Kenny Christianson, Chair of the Tompkins County Environmental Management Council Energy Committee, spoke about the solar panels at the Library and the negative press reported last week in the Ithaca Journal. He provided information he received from Powerlight on what the solar panels have been doing. From January 1 -May 22, 2002, the energy output of the solar panels was 46,856.62 kWh which represents 12.8 percent of the library's energy use during that period. Overall the system's availability was 86 percent to May 22 with 100 percent availability from mid-February to May 22. The inverter fan shut down on May 22, but now has been repaired. The predicted annual power output is 163,700 kWh. From January to May, the system has produced 28.6 percent of the annual total. On average energy costs were 11.16 cents per kWh. The value of energy produced through May 22, taking into account monthly cost differences, is $5,156.84. This represents 12.3 percent of annual cost of money. Most of the expected benefits will accrue in the summer months. Privilege of the Floor by Board Members 171 June 4, 2002 Mr. Proto, District No. 7 Representative, spoke about the notice received concerning the public hearings on the proposed gas rate increase for New York State Electric and Gas (NYSEG). The proposal is a six percent rate increase. It will be used to recapture lost revenue due to the current gas rate plan and the rates and prices fluctuating on home gas prices to reflect the market rate. People who own and/or manage income apartments are already paying for this called the "index adjustment" on the bill and on the residential bills it is called a "transition surcharge". Comments may be sent to Public Service Commission until June 17th as this rate increase will go into effect July 1St Mr. Winch, District No. 8 Representative, said he will be withdrawing his resolution from the agenda at the appropriate time concerning a reduction in Board Members' salaries. He explained the intent of the resolution is to demonstrate to County employees and residents that the Board as a leader would take a financial sacrifice. It appears at this time there is not enough support for the resolution, and therefore he will be withdrawing it. Ms. Kiefer, District No. 10 Representative, thanked Representative Proto for his comments and asked for the information to contact Public Service Commission. In addition, Ms. Kiefer commented on Representative Winch's resolution and said she had prepared a substitute to show Board members her thoughts on the subject. Ms. McBean, District No. 2 Representative, announced the Juneteenth celebration is being held June 14, 15, and 16. Juneteenth celebrates the final emancipation of slaves. Southside Community Center with a number of other agencies including the Ithaca Journal come together every year to plan this celebration. In addition, she announced June 8th the Ithaca Neighborhood Housing Services will be celebrating its 25th Anniversary and encouraged everyone to stop by their offices. The Office for the Aging Annual Awards celebration was held last week and honored two individuals: Frances Eastman was honored as the senior citizen of the year, and Eileen Cundy, Bonnet Brigade, was honored for her contributions of bonnets for people who are cancer stricken. Report from a Municipal Official No municipal official was in attendance. Presentation - Vital Communities Initiative Interim Development and Preservation Principles Ed Marx, Planning Commissioner, provided an overview of the Vital Communities Development and Preservation Principles. Copies of a summary of principles, the process followed to develop them, and the support information received from the community were made available to the Board. He explained how the issues raised at the workshop by Board members were handled. One concern expressed was the interpretation by the local municipalities of the principles as an intrusion by county government into what is a town, village, or city responsibility. The resolution to be considered this evening clearly addresses that concern and recognition that land -use regulation is a local municipal responsibility and that the intention of the County adoption is in no way any infringement of that. There was also some expression that there needs to be a continuation of dialogue about these principles. He said the principles are identified in the resolution as interim principles that will continue to be discussed and will be refined in the future if necessary. Mr. Marx said the intent is to continue the discussion through the development of a County Comprehensive Plan which he anticipates being a two-year process. Another concern expressed was to get more feedback from local, town, village, and city government about their attitude toward County adoption of principles. With respect to that, Planning Committee Chair Kiefer sent correspondence to all municipalities, and municipal planning boards in Tompkins County in April specifically asking for their feedback. Responses to that request are provided in the report. He commented that all resolutions received recommended the County Board adopt the principles. 172 June 4, 2002 A public meeting was held in April to hear comments concerning the principles and as a result of that meeting, some minor modifications were made. The intention is to use the interim principles as follows: 1. To evaluate existing County programs in terms of the degree to which they further the principles; 2. To evaluate the impact of future County actions in terms of the degree to which they further the principles; 3. To form the basis for the preparation of a County Comprehensive Plan. He feels the adoption of the principles will be a milestone in an ongoing process for the County and municipalities. Mr. Totman said he does not support this as he feels it is trying to direct the towns into doing what the County wants them to do. Presentation of Resolutions from the Planning Committee RESOLUTION NO. 100 - MAKING A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE IN RELATION TO RESOLUTION NO. 101 OF 2002 MOVED by Ms. Kiefer, seconded by Ms. Robertson. A voice vote resulted as follows: Ayes - 13, Noes - 1 (Representative Proto); Excused - 1 (Representative Lane). RESOLUTION ADOPTED. WHEREAS, in Resolution No. 101 of 2002, the County Board of Representatives would adopt Interim Vital Communities Development and Preservation Principles to guide County program development and decision-making, and WHEREAS, the Tompkins County Board of Representatives has reviewed and accepted as adequate an Environmental Assessment Form with respect to that action, now therefore be it RESOLVED, on recommendation of the Planning Committee, That Resolution No. 101 of 2002 is an unlisted action, RESOLVED, further, That the Board of Representatives hereby makes a negative declaration of environmental significance in regard to Resolution No. 101 of 2002. SEQR ACTION: Unlisted (Full Environmental Assessment Form on file in Clerk's office) RESOLUTION NO. 101- ADOPTION OF THE INTERIM VITAL COMMUNITIES DEVELOPMENT AND PRESERVATION PRINCIPLES MOVED by Ms. Kiefer, seconded by Mr. Penniman. Ms. Kiefer reported that the Planning Committee made one slight modification to the first principle, paragraph c, by adding "and structures" after the words existing neighborhoods. Ms. Robertson expressed her appreciation for all the hard work that has gone into this effort. Ms. Kiefer commented that there was no negative feedback from any municipal body. Mr. Booth spoke about a change he had urged the Committee to make concerning the transportation principle. He requested language be added that the County maintain and enhance the safety of the existing road network. He will support the resolution this evening and hopes the suggested wording in the transportation principle will be added at a future meeting. 173 June 4, 2002 Mr. Proto spoke in opposition of the resolution as he has not heard overwhelming support from the municipalities he represents. The concern is land -use control and that the County should proceed to do what it should do. He is also concerned that the two Towns (Caroline and Danby) may not be aware of the potential for a "hit" on their tax base because of some of the ideas that may evolve and the direction this may go. Ms. Blanchard also spoke about the road network as being one of the County's most important transportation components. She also spoke about land use and said having served on boards in the past that had land -use power, she would not encourage the County to pursue any such power. Ms. Robertson reminded the Board that between 1992 and 1997, the County's population grew 1.5 percent. During the same period, the land taken up by the built environment, including roads, buildings, houses, and businesses, grew by 35 percent. She does not feel the County wants to continue that trend and feels this effort will help the County to enjoy the quality of life enjoyed during the previous 95 years. A voice vote resulted as follows on the resolution: Ayes - 11; Noes - 3 (Representatives Proto, Todd, and Totman); Excused - 1 (Representative Lane). RESOLUTION ADOPTED. WHEREAS, the Vital Communities Initiative was undertaken to create and implement a vision of the future growth and development in Tompkins County, and WHEREAS, the Vital Communities program began with stakeholder workshops involving interests in economic development, land development, agriculture, environmental protection, neighborhood quality, local planning, local government, county government, education, human services, youth, and transportation and infrastructure, and WHEREAS, these stakeholder workshops provided the basis for the preparation of Development and Preservation Principles as the first step in generating a shared vision of future growth and development options in Tompkins County, and WHEREAS, the County has, through its Department of Planning, engaged in an extensive outreach effort to solicit public input on the draft Development and Preservation Principles, and WHEREAS, presentations of the draft Development and Preservation Principles were made to municipal elected bodies, municipal committees, county advisory boards, business associations, community associations, and civic organizations, and WHEREAS, a display educating the public about the Vital Communities program and the draft Development and Preservation Principles was exhibited at numerous community fairs and festivals, libraries, and other public gathering places, and WHEREAS, public comments on the contents of the draft Development and Preservation Principles were incorporated into the final version of the Principles, and WHEREAS, the outreach effort confirmed public support for these Development and Preservation Principles as a means for guiding growth and development in Tompkins County in ways that enhance our quality of life, while providing for a stronger local economy, and WHEREAS, the Tompkins County Planning Advisory Board, the Tompkins County Environmental Management Council, and the Vital Communities Steering Committee are charged with advising the Board of Representatives on planning -related matters and have recommended that the Board of Representatives adopt the Vital Communities Development and Preservation Principles, and WHEREAS, the Board of Representatives recognizes the primary role of local municipal governments in land -use planning and regulation and the intermunicipal coordination role of County Planning Agencies under New York State General Municipal law, and WHEREAS, New York State General Municipal Law specifically authorizes and the Tompkins County Charter specifically directs the development of a County Comprehensive Plan, now therefore be it RESOLVED, on recommendation of the Planning Committee, That the Vital Communities Development and Preservation Principles are adopted as interim principles, 174 June 4, 2002 RESOLVED, further, That these Interim Principles are intended to be used to guide County program development and decision-making, RESOLVED, further, That these Interim Principles should be used in association with other factors, such as fiscal impacts, service delivery needs, and environmental impacts, to guide decision- making by the County, RESOLVED, further, That the Board of Representatives intends that these Interim Vital Communities Development and Preservation Principles be used as an entire package to evaluate the land - use impacts of various actions, and recognizes that certain future actions may be contrary to one or more of the Principles, RESOLVED, further, That it is the intention of the Board of Representatives that the Interim Vital Communities Development and Preservation Principles be used: 1. To evaluate existing County programs in terms of the degree to which they further the Principles; 2. To evaluate the impact of future County actions in terms of the degree to which they further the Principles; and 3. To form the basis for the preparation of a County Comprehensive Plan, RESOLVED, further, That the Interim Vital Communities Development and Preservation Principles are also intended to be used as a framework for continued dialogue with local municipalities regarding intermunicipal communication and cooperation on planning and development issues throughout the county, RESOLVED, further, That the Vital Communities Development and Preservation Principles will remain interim principles until a County Comprehensive Plan is adopted by this Board or action is taken by the Board to adopt the principles, and any amendments thereto, as final principles. SEQR ACTION: Unlisted (Full Environmental Assessment Form on file in Clerk's office) Report from the Chair Mr. Joseph said he did not have a report or appointments. Report from the County Administrator Mr. Whicher reported the department budget training will be held tomorrow. The Assessment Department announced it received 835 grievances this year which is up significantly but is in line with the fairly large number of increases in assessments. The procedures will be changed next year to include informal hearings and broader communication with the notices that go out. Report from the County Attorney Mr. Wilson, Assistant County Attorney, said he did not have a report. Mr. Wood is in Albany handling an appeal. Report from the Finance Director Mr. Squires reported that at the June 11, 2002, Budget and Capital Committee meeting, the annual audit report will be presented and summaries will be provided in the agenda packet. He also reported that in early July there will be a sale of surplus equipment leftover from the Old Library. Addition(s) of Resolution(s) to the Agenda It was MOVED by Ms. Blanchard, seconded by Mr. Totman, and unanimously adopted by voice vote by members present, to add the following resolutions to the agenda: 175 June 4, 2002 Resolution Seeking 911 Reform Authorization to Execute Agreement to Design E911 -Consolidated Dispatch Center Withdrawal of Resolution(s) from the A2enda Chair Joseph gave the appropriate committee chairs and Board members permission to withdraw the following resolutions from the agenda: Authorization to Acquire Right of Way - Brooktondale Bridges Project - PIN 375319 (Lounsbery Road Bridge, BIN 3314100) Authorization to Execute Construction Funding Agreement with New York State Department of Transportation (NYSDOT) - Brooktondale Bridges, BINS 3314100 (Lounsbery Road and 1045990 (Lower Bridge) Reduction of Board of Representatives Salaries Resolution(s) Approved Under the Consent A2enda It was MOVED by Mr. Booth, seconded by Mr. Winch, and unanimously adopted by voice vote by members present, to approve the following resolution(s) under the Consent Agenda: RESOLUTION NO. 102 - AUTHORIZATION TO ACCEPT AN AWARD OF A GRANT TO MAKE AVAILABLE BROCHURES/FLYERS/BOOKLETS FOR THE BENEFIT OF VICTIMS OF DOMESTIC VIOLENCE WITH LOWER LITERACY LEVELS MOVED by Mr. Booth, seconded by Mr. Winch, and unanimously adopted by voice vote by members present, under the Consent Agenda. WHEREAS, the Probation Director has been notified of a grant award in the amount of $2,836 from the Community Foundation of Tompkins County, Inc., to make available brochures/flyers/booklets for the benefit of victims of domestic violence with lower literacy levels, and WHEREAS, there is no financial or program obligation for Tompkins County to accept this grant, now therefore be it RESOLVED, on recommendation of the Public Safety Committee, That the County Administrator or his designee execute all contracts related to this award, RESOLVED, further, That the Director of Finance is directed to make the following budget adjustment for 2002: FROM: A3994.42705 Gifts and Donations $2,836 TO: A3994.54330 Printing $ 336 A3994.54442 Professional Services $2,500 SEQR ACTION: TYPE II -20 Appointment(s) Approved Under the Consent A2enda It was MOVED by Mr. Booth, seconded by Mr. Winch, and unanimously adopted by voice vote by members present, to approve the following appointment(s) under the Consent Agenda: Environmental Management Council Christian Boissonnas - Town of Ulysses Representative; term expires December 31, 2003 Report and Presentation of Resolution(s) from the Budget and Capital Committee 176 June 4, 2002 Mr. Penniman, Chairman, said the Committee met May 28th and had a lengthy agenda. Most of the items were budget related and are reflected on the Board's present agenda. RESOLUTION NO. 103 - ESTABLISHING 2003 FRINGE BENEFITS PAYMENT RATE MOVED by Mr. Penniman, seconded by Ms. McBean, and unanimously adopted by voice vote by members present. Mrs. Smithers distributed copies of a chart that explains the increased costs related to fringe benefits. WHEREAS, the 2002 estimated Fringe Pool for the employer share of fringes, including New York State Retirement, Social Security, Workers Compensation, Voluntary Employee Benefit program (known as "VEBA"), Health Insurance, Supplemental Benefits and Unemployment Insurance was $7.2 million dollars, and WHEREAS, the 2003 Fringe Pool is estimated at $8 million (up 12.6 percent - an increase of $902,840) due to the following changes in projected fringe costs: NYS Retirement — from 1.5% of payroll to 3.0% of payroll ($443,148 increase) Social Security — same (7.4% of payroll) ($33,463 increase) Workers Comp — same (1.2% of payroll) ($19,092 increase) VEBA — same ($242,954 — fixed) Health Insurance — estimating a 12% increase in 2003 ($463,955) Supplemental Benefits — same (.2% of payroll) ($60,000 — fixed) Unemployment Insurance — same (.2% of payroll) ($8,182 increase) Workplace Health & Safety — now part of Supplemental Benefits ($65,000 decrease) , and WHEREAS, the 2003 estimated Fringe Pool represents 27.73 percent of estimated payroll, and WHEREAS, the current Fringe Pool estimates may vary between two and three percent (in total) as payroll estimates for 2003 may vary, now therefore be it RESOLVED, on recommendation of the Budget and Capital Committee, That the Fringe Benefits payment rate for 2003 charged to all County departments based on actual payroll paid, shall be increased from twenty-six percent to twenty-seven percent. SEQR ACTION: TYPE II -20 RESOLUTION NO. 104 - BUDGET ADJUSTMENT AND APPROPRIATION OF UNSPENT GENERAL FUNDS FROM 2001 TO VARIOUS ACCOUNTS MOVED by Mr. Penniman, seconded by Ms. Robertson. A short roll call vote resulted as follows: Ayes - 14, Noes - 0, Excused - 1 (Representative Lane). RESOLUTION ADOPTED. WHEREAS, various departments have been certified by the Director of Finance to have unspent appropriations and excess revenues from 2001 resulting in a surplus of $3,214,650 on the County's books as of December 31, 2001, and WHEREAS, pursuant to County Fiscal Policy, surplus funds have been requested for use in the amount of $959,078 in the current year budget, now therefore be it RESOLVED, on recommendation of the Health and Human Services, Public Safety, Government Operations, and Budget and Capital Committees, That the following transactions are approved: BUDGET APPROPRIATION: From: General Fund Balance $682,868 177 To: Fire & EMS — Service Contracts Fire & EMS — Maintenance Contracts Fire & EMS — Communications Equipment June 4, 2002 3410.54425 20,000 3410.54311 25,000 3410.52222 39,548 $ 84,548 Probation — ATI Initiatives - Program Expense Sheriff - Radio Equipment 3160.54400 344,480 $344,480 3110.52222 33,700 $ 33,700 Jail - Jail Transition Program (Trial) Jail - Payroll Jail - Fringes 3150.54400 3150.51000 3150.58800 10,000 111,111 28,889 $150,000 Facilities — Phone Switch Facilities — Old Jail Cooling Unit Facilities — Cooling unit; Old Library 1620.54470 1620.54470 1620.54470 12,000 10,000 15,000 $ 37,000 Human Rights - Computer Equipment County Clerk - Professional Services County Attorney — Computer Equipment Personnel — Program Expense Social Services — Building Repairs Youth Bureau — Recreation Partnership SEQR ACTION: TYPE II -20 8020.52206 1410.54442 1420.52206 1430.54400 6010.54470 7021.54400 10,500 $ 10,500 8,000 $ 8,000 2,500 $ 2,500 8,000 $ 8,000 2,000 $ 2,000 2,140 $ 2,140 RESOLUTION NO. 105 - ESTABLISHMENT OF GUIDELINES AND FISCAL TARGETS FOR ALL COUNTY BUDGETING UNITS FOR THE PREPARATION OF THE 2003 BUDGET MOVED by Mr. Penniman, seconded by Ms. McBean. It was MOVED by Ms. Kiefer, seconded by Ms. Robertson, to substitute the resolution by changing the percentage from 20 to 15 percent and adding the following paragraphs: "WHEREAS, county departments and agencies have already been asked for sample budget scenarios to achieve a twenty percent decrease in their 2003 budgets, and "WHEREAS, since that time departments have initiated certain 2002 savings and the Board of Representatives have identified likely changes in its Capital Program projection, both of which will lessen the need to continue to require a twenty percent target budget reduction, and". Ms. Kiefer said she was motivated in part by the cloud of uncertainty and anxiety that hangs over staff because of the budget situation. Mr. Joseph read the following comments submitted by Representative Lane: "If I were present, I would support the resolution to establish guidelines for the 2003 budget year with a 20 percent fiscal target reduction. I would not support any amendment to reduce the percentage. I fully realize that this step is difficult and serious and that it will cause substantial distress to many department heads, employees, and recipients of County services. It causes me distress too. However, I 178 June 4, 2002 fully believe the Board must begin the budget process with this tool in place. We will have the heavy task of reviewing substantial over target requests come Fall. We should wait for the regular budget process to unfold before any restoration decisions are made. October is often full of surprises about unexpected costs that the County will have to pay. We cannot make a full judgement about the budget until we have the whole picture at that time." Mr. Penniman spoke in favor of the 20 percent reduction as it will give the Board more flexibility when it reviews the over -target requests and will help stimulate public input into the process. Ms. Robertson stated that even though she opposed the 20 percent in Committee, she is now ready to support it because the Budget and Capital Committee will review capital spending next. She feels the additional Whereases in the proposed amendment are beneficial, but cannot support the 15 percent target reduction. Mr. Joseph said his concern with the Whereas' is it implies the situation is getting better and he does not want to send that message. A voice vote resulted as follows on the substitute resolution: Ayes - 1 (Representative Kiefer); Noes - 13; Excused - 1 (Representative Lane). MOTION FAILED. A voice vote resulted as follows on the resolution: Ayes - 13; Noes - 1 (Representative Kiefer); Excused - 1 (Representative Lane). 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 changes in fiscal targets should be communicated to department heads and program directors as timely as possible in order for them to submit their budget requests by July 5, 2001, and WHEREAS, the Board of Representatives wishes to establish targets for departments and agencies in preparing 2003 budget requests, now therefore be it RESOLVED, on recommendation of the Budget and Capital Committee, That fiscal targets for all budgeting units, excluding Tompkins Cortland Community College and Tompkins Consolidated Area Transit, for preparation of the 2003 budget are hereby established as follows: 1. For not-for-profit agency grants, the amount approved in the 2002 adopted budget less any over -target funding designated as one-time less any funds reappropriated from previous years less 20 percent of the calculated local share. 2. For Towns and Villages applying for reimbursement for County -wide services, and for Human Service, and Criminal Justice agencies receiving reimbursement pursuant to the Sales Tax Agreement between the County and City of Ithaca, the fiscal target shall be equal to the current year appropriation minus any one-time adjustments for prior years. 3. For all County departments, an amount equal to the general revenue portion of the 2002 adopted County budget, less any over -target funding designated as one-time less any funds reappropriated from previous years less 20 percent of the calculated local share. SEQR ACTION: TYPE II -20 RESOLUTION NO. 106 - SETTING A SPENDING REDUCTION GOAL FOR THE CURRENT YEAR BUDGET MOVED by Mr. Penniman, seconded by Mr. Booth, and unanimously adopted by voice vote by members present. 179 June 4, 2002 WHEREAS, Tompkins County is experiencing increasing shortfalls in anticipated State and Federal Aid, caseload increases in mandated services and a significant reduction in available surplus funds, and WHEREAS, it is evident that without procedures for an immediate reduction in spending in the current and subsequent year's budgets the County will face a rise in property tax rates to an unprecedented level, and WHEREAS, Department and Agency Heads have begun to anticipate the impending fiscal situation and take whatever steps they can to assist in achieving savings related to their specific program areas, now therefore be it RESOLVED, on recommendation of the Budget and Capital Committee, That for budget year 2002 the County Administrator shall work with department heads to identify potential savings in all County departments, RESOLVED, further, That the County Administrator is asked to work with program committees and departments to identify an overall spending reduction goal of $1,000,000 and to monitor the progress of departments toward meeting that goal, and to report on that progress periodically to the Budget and Capital Committee. SEQR ACTION: TYPE 11-20 RESOLUTION NO. 107 - REQUEST THE STATE OF NEW YORK TO EXAMINE THE FUNDING OF THE EVOLVING HEALTHCARE SYSTEM AND TO ASSUME THE COUNTY SHARE OF MEDICAID COSTS MOVED by Mr. Penniman, seconded by Mr. Winch, and unanimously adopted by voice vote by members present. WHEREAS, the State of New York participates with and administers the Federally mandated Medicaid Program, a healthcare initiative covering medically related expenses incurred by the economically disadvantaged of the state, and WHEREAS, the Counties of the State of New York fund, along with the State of New York, the operations of the Medicaid Program, and WHEREAS, New York is one of only two states that impose a share of these costs on counties, and WHEREAS, the Medicaid Program is apparently the default payer for many developing programs of Health Insurance coverage, i.e.: Child -Health Plus, Family Health Plus, Early Intervention, Pre -K Special Education Program, the Children with Special Healthcare Needs Program, and the ever- expanding number of facilities and services, provided by Article 28 facilities which are licensed and approved by the New York State Department of Health to provide health care and dental services in New York State, and WHEREAS, it has become evident that the number of these services, insurance programs, and facilities is increasing, and will continue to increase under pressures to cover a wider scope of the population of the State of New York and its needs, and WHEREAS, information from the New York State Association of Counties indicates that county governments throughout New York State will be mandated to assume new costs for the various medical programs that would approach $400 million over a three-year period, and WHEREAS, federal officials have stated in recent public pronouncements that the federal government will not significantly increase Medicaid reimbursement to help defray the additional expenses Counties face, and WHEREAS, the current level of taxation of properties made necessary by Counties' operating budgets under numerous State mandates is currently the single most identified deterrent to economic growth and development of the Counties of this State, and 180 June 4, 2002 WHEREAS, the Medicaid share of the current total County property tax burden is now approaching 38 percent, and WHEREAS, the burden of Medicaid expenditures to help finance new health programs can no longer be borne by the property taxpayers of Tompkins County, now therefore be it RESOLVED, on recommendation of the Budget and Capital Committee, That the County of Tompkins urges that the State of New York re-examine the fiscal results of funding this evolving Healthcare System with an appropriate consideration given to the constraints and consequences of County real property taxation, RESOLVED, further, That the County of Tompkins urges that the State of New York, with no undue delay, assume the County share of all Medicaid expenses, RESOLVED, further, That the Clerk of this Legislature is hereby directed to forward a certified copy of this resolution to the Governor of the State of New York, the Comptroller of the State of New York, the Speaker of the Assembly, the Majority Leader of the Senate, Senator John R. Kuhl, Jr., Senator James Seward, Assemblyman Martin Luster, the Board Chairs of all County Legislatures, New York States Association of Counties (NYSAC) and the Inter -County Association of Western New York. SEQR ACTION: TYPE II -20 RESOLUTION NO. 108 - AMENDMENT TO FISCAL POLICY 05-02, SECTION 5.06 REAPPROPRIATION (CARRYOVER) OF UNSPENT FUNDS FROM PREVIOUS YEARS (RESCINDED BY RESOLUTION NO. 120 OF 2003) MOVED by Mr. Penniman, seconded by Ms. McBean, and unanimously adopted by voice vote by members present. WHEREAS, the Fiscal Policy 05-02, Section 5.06 addresses the procedure by which certified year-end funds may be appropriated for use by departments, and WHEREAS, it has been the Board's intent to approve requests in order to provide departments with flexibility through the elimination of artificial boundaries (such as year-end), to reward efficiencies, and to eliminate incentives for "use it or lose it" spending practices, and WHEREAS, this policy does not address procedures in the event that the Board denies a request for use of unspent funds from previous years, now therefore be it RESOLVED, on recommendation of the Budget and Capital Committee, That effective immediately, it shall be the Board's intent to allow departments to have certified unspent funds remain eligible from previous years when a requested specified use of the funds is denied, RESOLVED, further, That the Fiscal Policy 05-02 be amended to reflect this intent. SEQR ACTION: TYPE II -20 Report and Presentation of Resolution(s) from the Planninz Committee Ms. Kiefer, Chair, said the Committee met this morning and reviewed budget scenarios for the Soil and Water Conservation District and Cooperative Extension. She noted that both agencies do a good job of leveraging the funds received from the County to bring in more funds. One reason Cooperative Extension can provide services in a cost-efficient manner is that although the County pays the salary, Cornell pays their fringe benefits. The Environmental Management Council Executive Committee provided comments regarding the Planning Department's Charter Article and the suggested language was agreed to by the Planning Department and endorsed by the Planning Committee. The Committee also reviewed and acted on the recommendations of the Commercial Center program as presented in the following two resolutions. 181 June 4, 2002 RESOLUTION NO. 109 - MAKING A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE IN RELATION TO RESOLUTION NO. 110 OF 2002 MOVED by Ms. Kiefer, seconded by Mrs. Schuler, and unanimously adopted by voice vote by members present. WHEREAS, by Resolution No. 110 of 2002, the County Board of Representatives would approve funding for Commercial Center Revitalization Program projects including sidewalk improvements in the Village of Groton and the Town of Enfield, and WHEREAS, the Tompkins County Board of Representatives has reviewed and accepted as adequate Environmental Assessment forms with respect to those two projects, now therefore be it RESOLVED, on recommendation of the Planning Committee, That the sidewalk improvement projects in the Village of Groton and the Town of Enfield listed as part of Resolution No. 110 of 2002 are unlisted actions, RESOLVED, further, That the Board of Representatives hereby makes a negative declaration of environmental significance in regard to the sidewalk improvement projects in the Village of Groton and the Town of Enfield listed as part of Resolution No. 110 of 2002. SEQR ACTION: Unlisted (Short Environmental Assessment Form on file in Clerk's office) RESOLUTION NO. 110 - APPROVAL OF COMMERCIAL CENTER REVITALIZATION GRANTS — HAMLET OF NEWFIELD (TWO PROJECTS), TOWN OF LANSING, TOWN OF DANBY, HAMLET OF SPEEDSVILLE, VILLAGE OF GROTON, TOWN OF ENFIELD, AND VILLAGE OF FREEVILLE MOVED by Ms. Kiefer, seconded by Mrs. Schuler, and unanimously adopted by voice vote by members present. WHEREAS, the Commercial Center Revitalization Advisory Committee (Advisory Committee) was assigned responsibility for providing advice on the award of grant funds for the revitalization of rural commercial centers, and WHEREAS, the Advisory Committee has reviewed the applications for funding and has made recommendations based on the program guidelines of the Commercial Center Revitalization Progarm, and WHEREAS, the recommendations of the Advisory Committee are well within the budget for the Commercial Center Revitalization program, now therefore be it RESOLVED, on recommendation of the Planning Committee, That the following projects be approved: Town of Newfield (improvements to Kelloggs Comers school) $3,409.00 Town of Newfield (new benches, lighting — Fire Company) $2,381.00 Town of Lansing (lighting, landscaping — Funeral Home) $2,000.00 Town of Danby (picnic tables, lighting, fence — Danby General Store) $1,000.00 Hamlet of Speedsville (painting — Town Hall) $4,000.00 Village of Groton (sidewalk improvements) $2,895.00 Town of Enfield (sidewalk improvements) $3,500.00 Village of Freeville (new Commercial Center plan) $1,500.00 Total Projects Cost = $20,685.00 RESOLVED, further, That the County Administrator be authorized to execute any contracts related to these projects. SEQR ACTION: 182 June 4, 2002 Town of Newfield (improvements to Kelloggs Corners school) Town of Newfield (new benches, lighting — Fire Company) Town of Lansing (lighting, landscaping — Funeral Home) Town of Danby (picnic tables, lighting, fence — Danby General Store) Hamlet of Speedsville (painting — Town Hall) Village of Freeville (new Commercial Center plan) Village of Groton (sidewalk improvements) Town of Enfield (sidewalk improvements) TYPE II -2 TYPE II -1 TYPE II -1 TYPE II -1 TYPE II -2 TYPE II -21 Unlisted (Short EAF on File) Unlisted (Short EAF on File) RESOLUTION NO. 111 - AUTHORIZATION FOR PROGRAM RECONFIGURATION - PLANNING DEPARTMENT MOVED by Ms. Kiefer, seconded by Mr. Penniman. A voice vote resulted as follows: Ayes - 13, Noes - 1 (Representative Proto), Excused - 1 (Representative Lane). RESOLUTION ADOPTED. WHEREAS, the Planning Department is divided into four program areas under one Budgeting Unit known as Planning, and WHEREAS, the current program configuration is artificial in that the Planning Department operates as a single unit and the specified program areas do not reflect the mission or functions of the Department as it is currently organized, and WHEREAS, the current program configuration has caused confusion during the budget review process in that positions work across all program areas and cannot be identified with any single program, now therefore be it RESOLVED, on recommendation of the Planning and the Budget and Capital Committees, That the following programs be combined to form one program known as Program 2820 "Planning": Program 2800 Community Planning Services Program 2805 Grant Management Program 2810 Advisory Board Support Program 2815 Coordination of Services SEQR ACTION: TYPE II -20 Report and Presentation of Resolution(s) from the Public Safety Committee Mrs. Schuler, Chair, said the Committee will meet June 6t. RESOLUTION NO. 112 - AUTHORIZATION FOR FISCAL TARGET CHANGE — SHERIFF AND JAIL MOVED by Mrs. Schuler, seconded by Ms. Blanchard. A voice vote resulted as follows on the resolution: Ayes - 12, Noes - 2 (Representatives Todd and Totman), Excused - 1 (Representative Lane). RESOLUTION ADOPTED. WHEREAS, the Sheriff and Undersheriff divide their time between Sheriff functions and Jail functions, and WHEREAS, both salaries are currently budgeted in the Sheriff Budgeting Unit, now therefore be RESOLVED, on recommendation of Public Safety Committee, That the 2003 Fiscal Target for the Sheriff be reduced by $82,850 with a commensurate increase in the Jail Fiscal Target. SEQR ACTION: TYPE II -20 it 183 June 4, 2002 RESOLUTION NO. 113 - CREATION OF THREE DEPUTY SHERIFF POSITIONS DUE TO FEDERAL MANDATED AIRPORT SECURITY MOVED by Mrs. Schuler, seconded by Mr. Totman, and unanimously adopted by voice vote by members present. WHEREAS, the Tompkins County is being mandated by the Federal Government to provide airport security, and WHEREAS, the Tompkins County Sheriff's Office is able to fulfill the Federal mandate, and WHEREAS, the Transportation Security Administration has executed a contract for the County in the amount of $370,000 for the period of May 10, 2002 to December 10, 2003 to reimburse for these services, and WHEREAS, the Tompkins County Sheriff's Office will need to create at least three new Deputy Sheriff positions, now therefore be it RESOLVED, on recommendation of the Public Safety Committee, That three full-time, 40.0 hours per week, Deputy Sheriff, (44/419) positions be hereby created in the Tompkins County Sheriff's Office effective immediately, RESOLVED, further, That by virtue of prior authorization by the Fiscal Management Committee, said positions may be filled as soon as practicable. SEQR ACTION TYPE II -20 RESOLUTION NO. 114 - CREATION OF FIVE CORRECTIONS OFFICER POSITIONS DUE TO STATE MANDATED STAFFING CHANGES — SHERIFF MOVED by Mrs. Schuler, seconded by Mr. Proto. Ms. Kiefer asked for a copy of the response to the May 6th memo from the Sheriff concerning the staffing analysis; Mrs. Schuler agreed to provide it. Mr. Koplinka-Loehr said he will be voting against the resolution as he does not appreciate the impression of being ordered around by the New York State Commission of Corrections. Ms. McBean said she will also be voting no for the same reason Mr. Koplinka-Loehr stated and because of budget constraints. Ms. Herrera stated she will be voting against the resolution as well for the same reasons expressed. A voice vote resulted as follows on the resolution: Ayes - 11; Noes - 3 (Representatives Herrera, Koplinka-Loehr, and McBean); Excused - 1 (Representative Lane). RESOLUTION ADOPTED. WHEREAS, the Tompkins County Sheriffs Office Corrections Division is mandated by the New York State Commission of Corrections to operate a jail under certain standards, and WHEREAS, the New York State Commission of Corrections has mandated that the Tompkins County Sheriff have a new minimum jail staffmg level of forty Corrections Officers in line with the current maximum occupancy allowed, and WHEREAS, the Sheriff has been directed to hire five additional full-time Corrections Officers to fulfill the minimum staffing mandates of the New York State Commission of Corrections, now therefore be it RESOLVED, on recommendation of the Public Safety Committee, That five full-time, 40.0 hours per week, Corrections Officer, (34/406) positions be created in the Tompkins County Sheriffs Office effective immediately, and that the hiring process will be phased in during the remainder of 2002, RESOLVED, further, That by virtue of prior authorization by the Fiscal Management Committee, said positions may be filled as soon as practicable, RESOLVED, further, That if and when New York State Commission on Corrections removes any occupancy variance, the number of correction officer positions filled will be reduced commensurately. SEQR ACTION: TYPE II -20 184 June 4, 2002 RESOLUTION NO. 115 - FISCAL TARGET ADJUSTMENT FOR 2003 — SHERIFF MOVED by Mrs. Schuler, seconded by Ms. McBean, and unanimously adopted by voice vote by members present. WHEREAS, the Tompkins County Board of Representatives has approved the creation of five Corrections Officer's positions as mandated by the New York State Commission of Corrections, and WHEREAS, the creation of these positions meets the mandated requirement that the Tompkins County Sheriff maintain a new minimum staffmg level of forty Corrections Officers, and WHEREAS, the funding for these additional officers for 2003 is not included in the current Fiscal Target for the Corrections Division of the Sheriff's Department, now therefore be it RESOLVED, on recommendation of the Public Safety and Budget and Capital Committees, That the 2003 Fiscal Target for 2003 be increased by $263,685. SEQR ACTION: TYPE II -20 Report and Presentation of Resolution(s) from the Health and Human Services Committee Mr. Winch, Chair, said he did not have a report. RESOLUTION NO. 116 - BUDGETING UNIT RECONFIGURATION AND FISCAL TARGET ADJUSTMENT — MENTAL HEALTH AND PUBLIC SAFETY — DOMESTIC OFFENSE OFFENDER REEDUCATION SERVICES PROGRAM MOVED by Mr. Winch, seconded by Mr. Booth. Ms. Blanchard stated she will be voting no on the resolution because she does not feel the program has any impact on the conduct of domestic offenders. Ms. Herrera spoke of the importance of the program as it is the only one offered that deals with such offenders. She understands the lack of resources makes it difficult to track the program. A voice vote resulted as follows on the resolution: Ayes - 11; Noes - 3 (Representatives Blanchard, Todd, and Totman); Excused - 1 (Representative Lane). RESOLUTION ADOPTED. WHEREAS, TST-BOCES has notified the County that they will discontinue their supervision of the Domestic Offense Offender Reeducation Services (D.O.O.R.S.) program effective June 30, 2002, and WHEREAS, Mental Health has agreed to incorporate the D.O.O.R.S. program into their clinic services effective July 1, 2002, now therefore be it RESOLVED, on recommendation of the Public Safety, Health and Human Services, and Budget and Capital Committees, That effective July 1, 2002, the D.O.O.R.S. program 4506 shall be transferred from Public Safety as a stand-alone program to a Clinic Services Program 0736 within the Mental Health budget, RESOLVED, further, That the 2003 Mental Health Fiscal Target shall be increased by $31,411, RESOLVED, further, That the Director of Finance be authorized and directed to make the following budget adjustment: FROM: A6314.54400 D.O.O.R.S. Program Expense $15,705 TO: A4311.54400 Mental Health Clinic $15,705 SEQR ACTION: TYPE II -20 Report from the Information Technoloav Services Committee 185 June 4, 2002 Mr. Winch, Chair, said the Committee met and discussed budgets. He noted that ITS (Information Technology Services) is a service department that services other departments in the County. Report from the Public Works Committee Ms. Blanchard, Chair, said the Committee met a week ago and reviewed budgets with the various divisions. The next meeting is June 6th. She reported on a Tompkins Consolidated Area Transit retreat held today to begin work on developing a strategic plan. Report and Presentation of Resolution(s) from the Government Operations Committee Mr. Koplinka-Loehr, Chair, said the Committee met May 23'' and reviewed departmental budgets. A resolution establishing the salary for County Clerk and Sheriff will be presented to the Board at the June 18th meeting. RESOLUTION NO. 117 - APPOINTMENT OF ELECTION COMMISSIONER FOR 2003- 2004 (AMENDED BY RESOLUTION NO. 290 OF 2002) MOVED by Mr. Koplinka-Loehr, seconded by Ms. McBean, and unanimously adopted by voice vote by members present. RESOLVED, on recommendation of the Tompkins County Democratic Committee and the Government Operations Committee, That Shary Zifchock be and hereby is appointed Democratic Party Elections Commissioner for the two-year term commencing January 1, 2003 and ending December 31, 2004. SEQR ACTION: TYPE II -20 RESOLUTION NO. 118 - AUTHORIZING SALARY INCREASES FOR POSITIONS WITH SALARIES SPECIFICALLY AUTHORIZED BY BOARD RESOLUTION ABOVE THE SALARY RANGE MOVED by Mr. Koplinka-Loehr, seconded by Mr. Booth, and unanimously adopted by voice vote by members present. WHEREAS, the following positions were established by separate resolution of the Board of Representatives: Psychiatrist Medical Director, Mental Health County Attorney Undersheriff Captain (Sheriff) Ithaca -Tompkins County Transportation Council Director Assistant Coordinator — Fire, Disaster and EMS WHEREAS, these positions were placed at a rate above the salary schedule by resolution of the Board, and WHEREAS, a determination needs to be made as to how to provide for annual salary increases, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That effective January 1, 2003, when salaries are established by separate Board resolution allocating a salary above the range, increases can only be made by a resolution of the Board, 186 June 4, 2002 RESOLVED, further, That effective immediately, when there is a vacancy in one of these titles that it reverts to the management salary schedule unless the Board takes specific action. SEQR ACTION: TYPE II -20 Report and Presentation of Resolution(s) from the Economic and Workforce Development Committee Ms. Herrera, Vice Chair, said the Committee has not met. The next meeting is June 14t. She reported on the meeting yesterday of the Joint Working Group and said the group discussed livable sustainable wage. Ms. Kiefer asked if the Committee would be considering a resolution urging the legislature to raise the minimum wage in New York State. She said she would like the Board to consider such action. Mr. Joseph asked the Economic and Workforce Development Committee to consider it at their next meeting. RESOLUTION NO. 119 - ADOPTION OF LOCAL LAW NO. 2 OF 2002 — AMENDING SECTION 150-20 OF THE TOMPKINS COUNTY CODE — CHANGING THE SCHEDULED DATES ON WHICH FUTURE INCREASES IN THE ROOM TAX RATES ARE TO TAKE EFFECT MOVED by Ms. Herrera, seconded by Mr. Totman, and unanimously adopted by voice vote by members present. WHEREAS, by Local Law No. 6 of 2001 the County amended the County Code to increase the hotel room occupancy tax on hotels, and WHEREAS, the increase was to take effect in stages, and WHEREAS, the dates that future increases are currently scheduled to be implemented do not coincide with sales tax reporting periods, and WHEREAS, a public hearing has been held before the Board of Representatives on June 4, 2002, to hear all persons interested in proposed Local Law No. 2 of 2002, now therefore be it RESOLVED, on recommendation of the Economic and Workforce Development Committee, That Local Law No. 2 of 2002 is hereby adopted changing the dates at which the future increases in hotel room occupancy taxes are to take effect to the first day of December, 2002 and the first day of June, 2003. SEQR ACTION: TYPE 11-20 Report from the Charter Review Committee Ms. Kiefer, member, said the Committee met and continues to review the Charter Articles. Report and Presentation of Resolution(s) from the Communications Capital Projects Committee Ms. Blanchard, Chair, said the Committee met May 28t. The Committee received a report on the status of the paging project, which continues to move forward. The Committee learned that the Request for Proposals for the communications system upgrade is now available to vendors. A pre-bid conference is scheduled for June 18t. The Committee also discussed the 911 consolidated dispatch center and the building committee reviewed the schematic design of the center and the preliminary cost estimates. The Federal Aviation Administration has given verbal approval for the use of the site that is on the Airport property for the center and the erection of a tower. The sewer permit for the building has been issued by 187 June 4, 2002 the Village of Lansing. Ms. Blanchard commented that Lee Shurtleff went to Albany to discuss various funding sources. The next Committee meeting is June 251. RESOLUTION NO. 120 — AUTHORIZATION TO EXECUTE AGREEMENT TO DESIGN E911 -CONSOLIDATED DISPATCH CENTER MOVED by Ms. Blanchard, seconded by Mr. Totman. Ms. Kiefer asked if the County Administrator could guide the architect in the direction of energy-efficient design to the extent possible. Mr. Whicher said steps have already been taken to do that. A voice vote resulted as follows on the resolution: Ayes - 14, Noes - 0, Excused - 1 (Representative Lane). RESOLUTION ADOPTED. WHEREAS, Resolution No. 86 of 2002 authorized the completion of the schematic design for the public safety communications center (consolidated 911 center) on the Airport property, included in Capital Account No. 34.20, and WHEREAS, the Communications Capital Projects (COMCAP) Committee has approved of Egner Architectural Associates' schematic design and wishes to proceed with the bidding and construction phase of the project, and WHEREAS, the Federal Aviation Administration must approve the center's tower height and land use, now therefore be it RESOLVED, on recommendation of the Communications Capital Projects Committee, That upon proper Federal Aviation Administration approval, the County Administrator is authorized to execute a contract for design services through the award of construction bids with Egner Architectural Associates for an amount up to $173,000. SEQR ACTION: TYPE 11-20 RESOLUTION NO. 121— RESOLUTION SEEKING 911 REFORM MOVED by Ms. Blanchard, seconded by Mrs. Schuler, and unanimously adopted by voice vote by members present. WHEREAS, the function of 911 systems is to provide a universal emergency number response system to the public allowing 911 calls to be routed directly to a public service access point (PSAP) instead of a telephone operator, and WHEREAS, Tompkins County is currently experiencing a deficit in the operation and maintenance of their 911 and E911 systems, as the current 35 -cent wireless surcharge is insufficient to properly operate and maintain 911 and E911 systems, and WHEREAS, in his 2002/03 Executive Budget Proposal to the Legislature, Governor Pataki included general authority for local governments to impose an additional 30 -cent per wireless line per month by way of a local law, and WHEREAS, the Legislature did not include this proposal in the adopted 2002/03 State Budget, but did increase the wireless surcharge from 70 -cents per wireless line per month to $1.20 per wireless line per month, and WHEREAS, as technology advances, Tompkins County will need to update and improve emergency response systems, and WHEREAS, Governor Pataki and the State Legislature are considering legislation during the 2002 Legislative Session to authorize counties, at local option, to add an additional 30 -cents per wireless line per month, now therefore be it RESOLVED, on recommendation of the Public Safety Committee, That Tompkins County goes on record supporting Governor Pataki's proposal to permit counties at local option to add an additional 188 June 4, 2002 local surcharge of 30 -cents per wireless line per month to meet the changing needs of 911 and E911 technology, RESOLVED, further, That Tompkins County urges its representatives in the New York State Legislature to introduce and approve legislation during the 2002 Legislative Session granting Tompkins County the authority to increase the wireless surcharge. SEQR ACTION: TYPE 11-20 Report from the Fiscal Management Committee Mr. Joseph, Chair, said the Committee met May 24th and approved filling two positions in Mental Health that are 100 percent funded elsewhere, five Correction Officers that are mandated, three Deputy Sheriffs that are mandated and 100 percent Federal funded, and an Airport Fire Fighter Technician, which is also mandated and is entirely paid for from the Airport fund. Report from the Space Needs and Location Committee Mr. Joseph, Chair, said the Committee heard a presentation from Welliver McGuire. He said it may make more sense to build a new building rather than rehabilitate several old ones. The Committee was provided with an interactive spreadsheet that will assist in looking at realistic numbers. Report from the Public Safety Building Space Planning Committee Mr. Joseph, Chair, said the Committee has not met, but will meet June 761. Approval of Minutes It was MOVED by Mr. Koplinka-Loehr, seconded by Mr. Booth, and unanimously adopted by voice vote by members present, to approve the minutes of the May 21st meeting as corrected. MINUTES APPROVED. Unfinished Business Ms. Herrera announced June 14th is the Flag Day Parade and encouraged Board members to participate. Adjournment On motion, the meeting adjourned at 7:37 p.m. 189 June 17, 2002 Special Meeting Called to Order Chair Joseph called the meeting to order at 12:00 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 Koplinka-Loehr and Proto). RESOLUTION NO. 122 - ENDORSING STATE LEGISLATION A11682 AND S7614 AUTHORIZING WIRELESS COMMUNICATIONS SERVICE SURCHARGE MOVED by Mrs. Schuler, seconded by Mr. Booth. A voice vote resulted as follows: Ayes - 13, Noes - 0, Excused - 2 (Representatives Koplinka-Loehr and Proto). RESOLUTION ADOPTED. WHEREAS, the Tompkins County Board of Representatives desires to maintain and improve the capabilities of E-911 service, and WHEREAS, this Board by Resolution No. 121 of 2002 went on record supporting Governor Pataki's proposal to permit counties at local option to add an additional local surcharge of 30 -cents per wireless line per month to meet the changing needs of 911 and E911 technology, and WHEREAS, the current E-911 telephone surcharges, paid for by all system users, covers a limited portion of actual system operational expenses, and all other costs related to the system must be raised through property taxes, and WHEREAS, the revenue generated by the surcharge must be used for the support of the County's 911 system, and WHEREAS, the New York State Legislature has recently introduced A11682 and S7614 - AN ACT to Amend the County Law, in Relation to Wireless Communications Service Surcharges in the County of Tompkins", now therefore be it RESOLVED, That the Tompkins County Board of Representatives endorses and requests State approval of legislation known as A11682 and S7614. SEQR ACTION: TYPE II -20 Adjournment On motion the meeting adjourned at 12:10 p.m. 190 June 18, 2002 Regular Meeting Called to Order Chair Joseph 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 Stephanie Isabel, Town of Dryden Resident, spoke on behalf of The Learning Web and the positive experience she has had with them. As a senior she looked into the program and within two weeks was given the opportunity to work at the Ithaca Journal. She spoke of the incredible experience and opportunity it provided and how it made her aspirations of becoming involved in journalism a reality. Bruce Estes, Managing Editor of The Ithaca Journal, told the Board that over the past five years there have been student placements from The Learning Web and the Youth Employment Services (YES) programs and it has been a successful experience. He spoke of the good experience provided to students prior to making a financial commitment for their education. Mr. Estes said that Melissa Castillo-Garsow, an intern currently with The Ithaca Journal, will be graduating next week, had received notification of full scholarships from several schools. He believes that the experiences provided assists in making a career decision and also indicates to potential educational institutions the student's strong desire to continue in journalism. Katie Williams, City of Ithaca resident, spoke of her interest in the mandate on jail expansion. She expressed her support for the Alternatives to Incarceration Program and how it has the ability to assist in all areas. Ms. Williams feels that it is important to separate the crime from the individual and utilize Alternatives to Incarceration programs to assist in the rehabilitation process. Fay Gougakis, City of Ithaca resident, came to the Board with the purpose of clarification and apology regarding confusion on the jet ski law. She said that she had been informed that there was legislation, and then heard otherwise. Ms. Gougakis said she now knows that the County is not the appropriate level of government to pass legislation at this time; however, she feels the County still has an obligation regarding the jet ski issue and needs to set an example. She said that she does not feel these vehicles, that create a great deal of noise and do damage to water and shoreline, should be allowed. Pete Meyers of Catholic Charities working as a community support coordinator for individuals in a Welfare -to -Work program, spoke about the Tompkins County Living Wage Coalition where he is a member of the steering committee. He explained the purpose of the Coalition is to strive to create a society, locally, nationally, and internationally to ensure that no individual lives in poverty. He said this will be achieved in part by creating living wages in a variety of jobs, campaigning for a welfare system that assists individuals to become self-sufficient. Mr. Meyers thanked Ms. Herrera of the County Board and Mr. Whitmore of Ithaca Common Council for their hard work with the Joint Working Group comprised of members from the City of Ithaca, Tompkins County, and various other employment fields. Mr. Meyers expressed his desire to increase the minimum wage in order to assist individuals to become self-sufficient. He explained that the reason he is working with the Coalition to increase minimum wage, as well as obtaining a livable wage through contracts is that individuals who due to reform are ceasing to 191 June 18, 2002 receive assistance through State and Federal welfare programs are not finding employment that will sustain them beyond poverty level. Privilege of the Floor by Board Members Mr. Lane, District No. 14 Representative, spoke about economic development and how it seems that for every step forward you must take two backward. He said one thing that occurred with the new New York State budget was the imposition of new fees charged by the State for tax-exempt bonding offered by Industrial Development Agencies. He said that these bonds are normally issued to new or existing businesses to provide for the needed facilities during the initial start-up of a business. He said that these fees were a surprise to individuals within the economic development community as they were the result of an "eleventh -hour" decision made by three individuals in Albany. He noted that all fees were raised at this time. Mr. Lane said that on recent local projects these fees would have ranged from an additional cost to the developer of $2,000-$3,000 for a small project up to $400,000 - $500,000 on large projects such as the recent Lake Source Cooling project. He did not feel that it sends the appropriate message to businesses looking at New York for their business. He hoped that it is only a temporary measure. Mr. Proto, District No. 7 Representative, as Chair of the Water Resources Council (WRC), replied to Ms. Gougakis' statements regarding jet skis by saying that although not a regular agenda item, it has been addressed and a special committee is reviewing this subject. The WRC has asked the committee to look into the matter and perhaps bring a recommendation with a draft resolution or draft legislation for review and consideration by municipalities. He also said that the WRC plans to check with others around the perimeter of the entire lake to receive their input regarding possible legislation. Mr. Proto said that although no final determination has been made pending the information to be reviewed, the group is leaning toward a ban on jet skis. Mr. Lane was excused at 5:49 p.m. Next, Mr. Proto provided an update on the New York State Electric and Gas Corporation's (NYSEG) request for an increase to the Public Service Commission (PSC). He said that he sent material to the PSC opposing the increase on both counts, or to postpone the matter until additional information can be compiled. Mr. Proto then said that he will be reviving the inter -connectivity charge with the telephone. He said that Ms. Blanchard has heard of this as far away as California and it is his intention to look into the matter further. He then reported that on June 6, 2002, Tompkins Consolidated Area Transit (TCAT) started new bus service around the County. Every municipality is now being served, including evening and weekend service. He requested feedback from individuals on this extended service. Mr. Proto said that the schedules have not yet been completed on the website; however printed schedules are available to individuals. Mr. Penniman, District No. 15 Representative, said that as the Representative for the west side of the lake he encourages the WRC to continue with their review of jet skis and he offers his support when all is ready. Mrs. Schuler, District No. 4 Representative, reported on Saturday, June 29, 2002, from 11:00 a.m. — 3:00 p.m. on The Commons will be Firefighter Appreciation Day to promote county -wide volunteer firefighters. Information on firefighting methods and safety for the community as well as special recognition of local firefighters will occur. 192 June 18, 2002 Ms. Robertson, District No. 13 Representative, wanted her constituents to know of the new bus route in her district that runs between Cornell and Brooktondale. It operates once in the morning and twice at the end of the workday. She noted that people have been enthusiastic about it, especially that buses can be flagged down along the route. Ms. Robertson said that Stephanie Isabel and Melissa Castillo-Garsow, are both Dryden residents and expressed pride in the youth working with The Ithaca Journal. Report from Municipal Official No municipal official was in attendance. Report from the Chair Mr. Joseph reported on a Special Board Meeting held on Monday, June 17, 2002, to support the legislation regarding a surcharge on wireless calls. This legislation allows a $.30 surcharge on cellular telephones in order to support emergency 911 systems. He said that at the present time there is already a surcharge that supports the State Police. He said that at the time it was logical that they receive support as they were the agency both receiving and responding to emergency calls. He then said that over time Counties have taken over the responsibility and have requested that the surcharge funding be funneled to Counties. The Governor's budget had provision for this, but did not pass and State budget does not have a provision either. Subsequently, information was received informally that the State legislature would authorize individual County requests for a $.30 surcharge if received quickly. Mr. Joseph said that since he felt it was important to receive revenue to support the emergency services of the County a meeting was called and a resolution passed requesting approval. If it is passed by the State, this surcharge will begin in August 2002. Report from the County Administrator Mr. Whicher reported that he has a preliminary report on savings to date for the current budget year. He said that this information is preliminary and will be subject to change, either positive or negative, throughout the year. At this time the savings is $1,377,000. Ms. Robertson inquired what could happen that would reduce the savings. Mr. Whicher said this could happen as a result of the fluctuation of reimbursements from the State, sales tax revenues, and other variables. Mr. Winch asked how would the Board receive updates on these figures. Mr. Whicher said that the Budget and Capital Committee will receive regular monthly reports, but he can provide whatever the Board would like. Mr. Winch asked for more detailed information on where the savings are occurring. Mr. Whicher said that this is a preliminary report and once completed and verified he will provide that information. Mr. Joseph asked that the entire Board receive copies of this information when complete. Mr. Proto spoke about an upcoming feature in County Corridors, the employee newsletter, concerning the current budget situation. He said that regardless of how rough some comments might be he would like to encourage employees to submit comments and suggestions. He said that it was an eye- opener to him on ways the Board could perhaps be more involved. Mr. Whicher said that it is raw data and opinions and not intended to be filtered and may not be the correct information. He noted that responses from departments to clarify some of the items appearing would be good and that it is important to recognize that this allows employees a place to express the wide range of emotions being experienced at this time. Mr. Whicher said that the column will continue to appear and he anticipates that there will be positive and constructive suggestions to provide a new perspective on the situation. Mr. Proto felt it is good for Board members to hear from the employees. Mr. Whicher said that he and Mr. Joseph, Chair of the Board, have written introductory articles as companion pieces. 193 June 18, 2002 Report from the County Attorney Mr. Wood reported that a decision in the Evans vs. Tompkins Consolidated Area Transit has been received. He said that the most important part of the decision was that the plaintiff may not receive punitive damages against any party. He said that the end result is that any payment that may be owed should fall within the confines of the insurance policy and not create any additional tax burden. Next, Mr. Wood wanted to inform the Board of legal work done for the Highway Department. Mr. Wood explained that road projects have previously had the legal work, particularly rights-of-way completed by the State. The State no longer provides these services and effective this year the burden falls upon local municipalities. Mr. Wood felt it was important for the Board to know of the additional burden this has placed upon his employees, noting that this year they have already completed transactions on approximately 110 parcels spread over each municipality of the County. Mr. Todd inquired whether Mr. Wood had information on the delay for petitioning for the upcoming elections. Mr. Wood did not have any information at this time. Mr. Joseph noted this is due to the State redistricting plan. Mr. Proto inquired whether the work Mr. Wood has completed is on State roads for the State's benefit. Mr. Wood said that it is County roads, however the State had previously completed the rights-of- way. Mr. Booth inquired whether there was, or is anticipated to be, an increase in the premiums for the County's liability policy as a result of claims such as the one Tompkins Consolidated Area Transit mentioned. Mr. Wood said he it would and will provide more detail. Report from the Finance Director Mr. Squires had no report. Addition(s) to the Agenda On motion and duly seconded and unanimously adopted by voice vote by members present, the following resolution(s) were added to the agenda: Authorization to Execute a Contract with Tompkins Community Action — Temporary Assistance to Needy Families (TANF) Summer Jobs Program — Workforce Development In Support of Passage of Legislation Raising the Minimum Wage in New York State Authorization to Contract for Eligible Federal Funding Recovery Services — Sheriff's Office Budget Adjustments — Various Departments (on Consent Agenda) Addition and Withdrawal of Appointments Under the Consent Agenda It was MOVED by Mr. Koplinka-Loehr, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, to add the appointment of Willard Ticknor Daetsch to the Ethics Advisory Board, term to expire December 31, 2005, to the Consent Agenda. Chair Joseph granted Mrs. Schuler permission to delete the appointment of Ann Carter to the Family Court Advisory Council — term to expire December 31, 2002 due to non -County residency of the applicant. 194 June 18, 2002 Withdrawal of Resolution(s) from the Agenda Chair Joseph gave the appropriate committee Chair permission to withdraw the following resolution from the agenda: Establishing Annual Salary for Positions of County Clerk and Sheriff for Years 2003, 2004, 2005, and 2006 Resolution(s) Approved Under the Consent Agenda It was MOVED by Ms. McBean, seconded by Mr. Booth, and unanimously adopted by voice vote by members present, to approve the following resolutions under the Consent Agenda: RESOLUTION NO. 123 — AUTHORIZATION TO ACCEPT PUBLIC HEALTH PREPAREDNESS AND RESPONSE FOR BIOTERRORISM FUNDING, CREATION OF POSITION AND BUDGET ADJUSTMENT — HEALTH DEPARTMENT It was MOVED by Ms. McBean, seconded by Mr. Booth, and unanimously adopted by voice vote by members present, under the Consent Agenda. WHEREAS, the New York State Department of Health (NYSDOH) has received funding from the Centers for Disease Control (CDC) to assist county health departments in developing a Public Health Preparedness and Response Plan and to implement a variety of deliverables, as specified by the CDC and NYSDOH, for the period May 1, 2002 through August 31, 2003, and WHEREAS, this grant funding may assist the Tompkins County Health Department in determining infrastructure capacities for areas of strengths and weaknesses, and WHEREAS, the Tompkins County Health Department is eligible for $111,501, of which $27,875 will be awarded in advance, contingent on the acceptance of the departments plan, and WHEREAS, to accomplish the goals of this grant the Department requests the creation of one 50 -percent -time position of Administrative Assistant to provide assistance and support in the compilation of the written plan and other grant deliverables as outlined by the state and CDC, and WHEREAS, the funds may not be used to supplant existing public health funding, now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, That the Health Department is authorized to accept the grant funds, RESOLVED, further, That one position of Administrative Assistant (12/535), labor grade L (12), competitive class, 17.5 hours per week, be created effective immediately, RESOLVED, further, That the Director of Finance is authorized to make the following budget adjustment on his books: REVENUE: A4010.44959 APPROPRIATION: A4010.51000535 A4010.58800 A4010.54400 Federal Grants Salary, Admin. As Fringes Program Expense $27,875 sist. $ 6,950 1,807 19,118 RESOLVED, further, That said position will only continue so long as grant funding is available. SEQR ACTION: TYPE II -20 195 June 18, 2002 RESOLUTION NO. 124 - CREATION OF A COORDINATOR OF DUAL RECOVERY SERVICES POSITION - MENTAL HEALTH DEPARTMENT It was MOVED by Ms. McBean, seconded by Mr. Booth, and unanimously adopted by voice vote by members present, under the Consent Agenda. WHEREAS, the Mental Health Department has a need for a Coordinator of Dual Recovery Services to provide education and training to the community and counseling to individuals diagnosed with co-occurring disorders, and WHEREAS, the grant funding for this position is guaranteed by New York State with the position annualized as part of the Mental Health Department's State Aid package, now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, That one position of Coordinator of Dual Recovery Services (770/16) be created effective immediately, fulltime, 40 hours per week, labor grade P (16), competitive class, RESOLVED, further, That no additional County funding is necessary at this time. SEQR ACTION: TYPE II -20 RESOLUTION NO. 125 — AUTHORIZATION TO EXECUTE A SUPPLEMENTAL AGREEMENT WITH POPLI CONSULTING ENGINEERS & SURVEYORS FOR CONSTRUCTION INSPECTION SERVICES — BRIDGE PAINTING PROJECT It was MOVED by Ms. McBean, seconded by Mr. Booth, and unanimously adopted by voice vote by members present, to approve under the Consent Agenda. WHEREAS, Resolution No. 34 of 2002 authorized an agreement with the State of New York whereby State and Federal sources will furnish ninety-five percent of funding necessary for maintenance painting of nine Tompkins County bridges, and WHEREAS, said Agreement requires Tompkins County to complete this project in accordance with applicable Federal regulations and guidelines, and WHEREAS, Resolution No. 93 of 2001 authorized a contract with Popli .Consulting Engineers & Surveyors (Popli), of 555 Penbrooke Drive, Penfield, New York, for design services in connection with the referenced project, and WHEREAS, Public Works Department staff has recommended Popli as best qualified to perform construction inspection for the Project in accordance with a proposal with Popli dated October 29, 2001, now therefore be it RESOLVED, on recommendation of the Public Works Committee, That the County Administrator or his designee be and hereby is authorized to execute a supplemental agreement with Popli Consulting Engineers & Surveyors of 555 Penbrooke Drive, Penfield, New York, for construction inspection services in connection with the referenced project for an amount not to exceed $35,000, RESOLVED, further, That the Highway Division be authorized to execute supplemental agreements on behalf of the County with cumulative value not to exceed ten percent of the aforementioned contract amount, funds to be provided from account D5111.54411 (Road/Bridge Contracts). SEQR ACTION: TYPE II -1 RESOLUTION NO. 126 - AUTHORIZATION TO EXECUTE SUPPLEMENTAL AGREEMENTS WITH C&S ENGINEERS, INC., FOR DESIGN SERVICES — RECONSTRUCTION OF COUNTY ROAD 105, CORTLAND-MCLEAN ROAD 196 June 18, 2002 MOVED by Ms. McBean, seconded by Mr. Booth, and unanimously adopted by voice vote of members present, under the Consent Agenda. WHEREAS, Resolution No. 158 of 1998 authorized a contract with C&S Engineers, Inc., (C&S) of Syracuse Hancock International Airport, Syracuse, New York, for design services in connection with the reconstruction of County Road 105, Cortland -McLean Road, and WHEREAS, Resolution No. 234 of 2002 approved a Design Report that identified additional highway reconstruction needs, among them replacement of a bridge over Fall Creek (BIN 3314250), and WHEREAS, Resolution No. 33 of 2002 authorized a supplementary agreement with the State of New York whereby State and Federal sources will furnish ninety-five percent of additional funding necessary for design services up to a total sum of $390,000 and also made the sum available within account HZ5103.59239.53.02, McLean Road Capital Account, to cover the cost of these services, now therefore be it RESOLVED, on recommendation of the Public Works Committee, That the County Administrator or his designee be and hereby is authorized to execute a supplemental agreement with C&S Engineers, Inc., of Syracuse Hancock Airport, Syracuse, New York, for additional design services in connection with the referenced project for an amount not to exceed $131,000, funds to be provided from account HZ5103.59239.53.02, McLean Road Capital Account. SEQR ACTION: TYPE II -20 RESOLUTION NO. 127 - AUTHORIZATION TO EXECUTE RIGHT-OF-WAY FUNDING AGREEMENT WITH NEW YORK STATE DEPARTMENT OF TRANSPORTATION — BROOKTONDALE BRIDGES, BINS 3314100 (LOUNSBERY ROAD) AND 1045990 (VALLEY ROAD) It was MOVED by Ms. McBean, seconded by Mr. Booth, and unanimously adopted by voice vote by members present, under the Consent Agenda. WHEREAS, a Project for the `Brooktondale Bridges" over Six -Mile Creek, BINs 3314100 and 1045990, P.I.N. 375319, (the Project) in the Town of Caroline, is eligible for funding under Title 23 U.S. Code, as amended, that 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, Resolution No. 248 adopted on October 19, 1999, approved the Project and authorized execution of an agreement with the New York State Department of Transportation regarding administration and funding of Scoping, Design (Phases I -VI) and Right -of -Way Incidentals, 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 Right -of -Way (ROW) Acquisition, and WHEREAS, in order to expedite advancement of the Project and realize potential total project cost reductions, the New York State Department of Transportation requires the County to appropriate one hundred (100%) percent of the project costs and then file for reimbursement of eligible costs, now therefore be it RESOLVED, on recommendation of the Public Works 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 one hundred percent (100%) of the Federal and non -Federal share of the costs of ROW Acquisition work for the subject Project or portions thereof, RESOLVED, further, That the sum of $17,000 is hereby made available within account HZ5103.59239.53.07, Brooktondale Capital Project Account, to cover the cost of participation in the ROW Acquisition 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 Tompkins County Board of Representatives shall convene as 197 June 18, 2002 soon as possible to appropriate said excess amount immediately upon the notification of the New York State Department of Transportation thereof, RESOLVED, further, That the Tompkins County Highway Manager be and is hereby authorized to execute all necessary Agreements, certifications, and 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 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 therefore 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 Project, RESOLVED, further, That this resolution shall take effect immediately. SEQR ACTION: TYPE II - 21 RESOLUTION NO. 128 - AUTHORIZATION TO ACQUIRE RIGHT-OF-WAY — BROOKTONDALE BRIDGES PROJECT — PIN 375319 (LOUNSBERY ROAD BRIDGE, BIN 3314100) It was MOVED by Ms. McBean, seconded by Mr. Booth, and unanimously adopted by voice vote by members present, under the Consent Agenda. WHEREAS, Resolution No. 56 of 2002 authorized an agreement with the State of New York whereby State and Federal sources will furnish ninety-five percent of the funding necessary to acquire additional right-of-way for replacement of the Lounsbery Road Bridge over Six -Mile Creek (BIN3314100) in the Town of Caroline, as part of the Brooktondale Bridges Project, and WHEREAS, a project Right -of -Way Plan, approved by Resolution No. 271 of 2001, identified approximately four (4) parcel acquisitions (indentures) needed from adjoining property owners to complete the work with compensation at fair market value estimated at $3,725, and WHEREAS, the County Highway Manager has certified completion of all State and Federal procedural requirements needed for the acquisition of right-of-way for this project, now therefore be it RESOLVED, on recommendation of the Public Works Committee, That the County Administrator or designee be and hereby is authorized to execute documents finalizing acquisition of right-of-way in accordance with the approved project Right -of -Way Plan, RESOLVED, further, That payments for said transactions be and hereby are authorized from funds to be provided from capital account HZ5103.59239.53.07, Brooktondale Bridges Project. SEQR ACTION: TYPE II -20 RESOLUTION NO. 129 - AUTHORIZE AN APPLICATION AND AGREEMENT FOR $300,000 IN JOB ACCESS AND REVERSE COMMUTE GRANT FFY2002 — TOMPKINS CONSOLIDATED AREA TRANSIT It was MOVED by Ms. McBean, seconded by Mr. Booth, and unanimously adopted by voice vote by members present, under the Consent Agenda. WHEREAS, the Federal Transit Administration is soliciting competitive grant applications for the Job Access and Reverse Commute grant program, pursuant to Section 3037 of the Transportation Equity Act for the 21st Century, as amended, and WHEREAS, the Job Access and Reverse Commute Program has two goals: to provide transportation services to assist welfare recipients and other low-income individuals to access 198 June 18, 2002 employment opportunities, and to foster collaborative and coordinated transportation planning between transportation agencies, human services and related service providers, metropolitan planning agencies, states, employers and affected communities and individuals, and WHEREAS, the Job Access and Reverse Commute Program Transportation Plan proposes priorities to create a transportation brokerage service providing a call center for all public transportation services, to increase Tompkins Consolidated Area Transit service in rural towns during non-traditional commuter hours, evenings and weekends, and to coordinate taxi and transit services to provide effective and efficient services in Tompkins County, and WHEREAS, Tompkins Consolidated Area Transit (TCAT) desires to apply for these funds to continue operations of expanded transit service and other programs, which are being implemented under the 2000 Job Access and Reverse Commute grant, into the future, and WHEREAS, Tompkins County desires to apply for $300,000 of Job Access and Reverse Commute funds on behalf of TCAT, to be matched with New York State Transit Operating Assistance funds, and other eligible Federal funds, now therefore be it RESOLVED, on recommendation of the Public Works Committee, That the Tompkins County Board of Representatives authorizes an application and agreement for $300,000 in Job Access and Reverse Commute funds on behalf of Tompkins Consolidated Area Transit, RESOLVED, further, That the Tompkins County Contracts Coordinator and Risk Manager is authorized to sign the application and: 1. Any and all Agreements between Tompkins County, the Federal Transit Administration and Tompkins Consolidated Area Transit for the above named Project; 2. Any and all Agreements between Tompkins County, Tompkins Consolidated Area Transit and any third party subcontractors necessary to complete the Project, if applicable. SEQR ACTION: TYPE II -20 RESOLUTION NO. 130 - AUTHORIZATION TO ACCEPT GRANT FUNDS AND BUDGET ADJUSTMENT — TOLL-FREE HELP LINE MARKETING — WORKFORCE DEVELOPMENT It was MOVED by Ms. McBean, seconded by Mr. Booth, and unanimously adopted by voice vote by members present, under the Consent Agenda. WHEREAS, Tompkins County Workforce Development received state approval of its one-stop operator certification process in February 2002, and WHEREAS, Tompkins County Workforce Development was given access by the State of New York to the Workforce New York marketing materials along with $5,000 for additional marketing activities, and WHEREAS, the State of New York recently increased that amount by an additional $5,000 for a total of $10,000 to be used to market the local one-stop system by incorporating the "Workforce New York" logo and tag line as well as the National Toll -Free Help Line, and WHEREAS, the funds were made available through a grant agreement between the New York State Department of Labor and the United States Department of Labor to participate in and promote the use of the Toll -Free Help Line, now therefore be it RESOLVED, on recommendation of the Economic and Workforce Development Committee, That the Workforce Development Office is hereby authorized to accept the $10,000 via a notice of obligational authority for additional marketing initiatives, RESOLVED, further, That the Director of Finance is authorized to make the following budget adjustment on his books: 199 REVENUE: CD6290.44790 APPROPRIATION: CD6290.54442 SEQR ACTION: TYPE II -20 June 18, 2002 Federal Aid Job Training $10,000 Professional Services $10,000 RESOLUTION NO. 131 - BUDGET ADJUSTMENTS — VARIOUS DEPARTMENTS It was MOVED by Ms. McBean, seconded by Mr. Booth, and unanimously adopted by voice vote by members present, under the Consent Agenda. RESOLVED, on recommendation of the Public Safety and Health and Human Services Committees, That the Director of Finance be directed to make the following budget adjustments on his books: PUBLIC SAFETY COMMITTEE Probation (#43) Revenue Acct Title Amt Approp Acct Title(s) 3140 42680 Insurance Recoveries 3140 42680 Insurance Recoveries Explanation: To replace stolen alcosensor computer from risk management funds. $ 650 3140 52210 Office Equipment $4,031 3140 52206 Computer Equipment from risk management funds. To replace stolen laptop Probation (#44) Revenue Acct Title Amt Approp Acct Title(s) 3141 44389 Other Public Safety Aid $1,000 3141 52206 Computer Equipment 3142 44389 Other Public Safety Aid $4,000 3142 52206 Computer Equipment Explanation: To restore funds from the DCJS Byrne Grant to cover the cost of three computer upgrades which was approved in 2001. These expenditures had to await New York State contract approval which was delayed until 2002. HEALTH AND HUMAN SERVICES COMMITTEE Social Services (#42) Revenue Acct Title Amt Approp Acct Title(s) 6010 42770 Other Misc. Revenue $ 267 6010 54442 Professional Services Explanation: DSS staff successfully solicited donations sufficient to cover the full cost of the annual Foster Parent Recognition Dinner, including door prizes and an award which had not originally been planned or budgeted. This adjustment reflects the additional expenditures and the off -setting revenue. Office for the Aging (#45) Revenue Acct Title Amt Aoprop Acct Title(s) 6772 42705 Gifts and Donations $ 794 6772 54412 Travel and Training Explanation: Money for Annual Luncheon deposited into Gifts and Donations account needed to reimburse credit card which was used to pay for luncheon. SEQR ACTION: TYPE II -20 Appointment(s) Approved Under the Consent Agenda It was MOVED by Ms. McBean, seconded by Mr. Booth, and unanimously adopted by voice vote by members present, to approve the following appointments under the Consent Agenda: 200 June 18, 2002 Ethics Advisory Board Willard Ticknor Daetsch — term to expire December 31, 2005 Human Rights Commission Micaela Salort-Medina — term to expire December 31, 2004 Advisory Board on Indigent Representation Kelly A. Damm — term to expire December 31, 2004 Report from the Health and Human Services Committee Mr. Winch, Chair, reported that the Committee has met twice since the last Board meeting. On June 17, 2002, the Committee met to discuss the services provided by Offender Aid and Restoration and Community Dispute Resolution Center. They also reviewed what a twenty -percent reduction in funding would mean. He said that the Committee intends to schedule monthly meetings for budget and program information in addition to the regular monthly meeting. Next, he reported on the resolution entitled Authorization to Accept Public Health Preparedness and Response for Bioterrorism Funding, Creation of Position and Budget Adjustment — Health Department approved under the Consent Agenda. The County Health Department is eligible to receive $111,500 for the development of a Public Health Preparedness and Response Plan. Of this amount $27,875 will be received in advance to assist in the development of the Plan. He also reported on the resolution to create a dual service coordinator position in the Mental Health Department. This position will assist in the coordination of services to individuals with problems in the areas of mental health and drug abuse and is funded as part of the Mental Health Department's State Aid package. Mr. Nathan Winograd of the Tompkins County Society for Prevention of Cruelty to Animals (SPCA) provided an overview of services provided by his agency and program changes implemented since he became director. Mr. Winch said he was very pleased with the increase in volunteers at the SPCA and that the Cornell University veterinary students work with the animals at the shelter. Report from the Information Technolosy Services Policy Committee Mr. Winch, Chair, said he did not have a report. Report and Presentation of Resolution(s) from the Public Works Committee Ms. Blanchard, Chair, said that Robert Nicholas, Airport Manager, was honored at a special conference in April by the Aviation Management Association of New York State, receiving the Bill Shea Award. This award is given to the individual deemed by the Aviation Management Board of Directors to have done the most to benefit aviation in New York State during the preceding twelve months. Mr. Nicholas had worked to develop strong liaisons to the State Government. The next meeting of the Committee will be on Thursday, June 21, 2002, at 9:00 a.m. in the Scott Heyman Conference Room. RESOLUTION NO. 132 - AUTHORIZING SUPPLEMENTAL CONSULTANT AGREEMENT NO. 4 WITH C&S ENGINEERS, INC., FOR GENERAL AIRPORT CONSULTANT SERVICES IN CONNECTION WITH A RUNWAY SAFETY AREA ANALYSIS — ITHACA TOMPKINS REGIONAL AIRPORT MOVED by Ms. Blanchard, seconded by Ms. McBean. Ms. Blanchard noted that this resolution had been previously removed from the agenda in order to provide additional information to Mr. Proto. Mr. Proto indicated he had spoken to Mr. Nicholas who is making available the file on the former Airport 201 June 18, 2002 Development Committee to C&S Engineers, Inc. A voice vote resulted as follows: Ayes — 14, Noes — 0, Excused — 1 (Representative Lane). RESOLUTION ADOPTED. WHEREAS, the Federal Aviation Administration (FAA) has embarked on a program to improve safety at all commercial service airports, and WHEREAS, the Ithaca Tompkins Regional Airport has a non-standard safety area at the departure end of Runway 14 that the FAA would like to improve if operationally feasible, and WHEREAS, the FAA has authorized the use of some residual grant monies to undertake a thorough investigation of safety issues at the Ithaca Tompkins Regional Airport, with a view to identifying ways to improve safety, if such safety improvements are necessary and can reasonably be implemented, now therefore be it RESOLVED, on recommendation of the Public Works Committee, That Supplementary Agreement No. 4 with C&S Engineers, Inc., Syracuse, New York, for $67,137 to cover the required services is hereby approved and that the County Administrator is authorized to execute the required documents. SEQR ACTION: TYPE II -20 RESOLUTION NO. 133 - AUTHORIZING AN AGREEMENT WITH RICONDO & ASSOCIATES TO PROVIDE SERVICES IN CONNECTION WITH A NEW AIRLINE AGREEMENT — ITHACA TOMPKINS REGIONAL AIRPORT MOVED by Ms. Blanchard, seconded by Mr. Winch. Ms. Kiefer indicated she had removed this resolution from the Consent Agenda in order to report that Mr. Nicholas indicated he would be providing the Public Works Committee with the Scope of Work. This is a five-step process, with the first four steps being pre -negotiation items. A voice vote resulted as follows: Ayes — 14, Noes — 0, Excused — 1 (Representative Lane). RESOLUTION ADOPTED. WHEREAS, the airport's Use and Lease agreement with US Airways is due to expire on December 31, 2003, and WHEREAS, the Tompkins County Board of Representatives deems it desirable to begin early negotiations with US Airways to provide the County with a clearer picture of the airport's future financial position and how said position may impact future airport expenditures and the County's budget, and WHEREAS, prior to commencement of contract negotiations, it will be necessary to develop a current operation/financial profile and to identify the County's goals and objectives for negotiations, and WHEREAS, it is desirable to have expert assistance in the contract negotiations, to have assistance with the development of a rates and charges structure, and with the formulation of an airline agreement, now therefore be it RESOLVED, on recommendation of the Public Works Committee, That a professional services agreement with Ricondo & Associates for labor and out-of-pocket expenses, not to exceed $50,000, be approved and that the County Administrator be and hereby is authorized to execute said agreement, RESOLVED, further, That the costs associated with these services be appropriated from the airport fund balance but included in the airport reconciliation for 2002/2003. SEQR ACTION: TYPE II -20 RESOLUTION NO. 134 - AUTHORIZING 2002 FEDERAL SECTION 5309 GRANT — TOMPKINS CONSOLIDATED AREA TRANSIT MOVED by Ms. Blanchard, seconded by Mr. Proto. Ms. Kiefer said that she was not voting in favor of the resolution as she would not like the County to continue to purchase diesel buses. Ms. 202 June 18, 2002 Blanchard noted that when these buses are purchased it will leave only one bus in the fleet that is not up to current standards. She said that the buses being purchased have the top-of-the-line, best technology diesel. A voice vote resulted as follows: Ayes — 13, Noes — 1 (Representative Kiefer), Excused — 1 (Representative Lane). RESOLUTION ADOPTED. WHEREAS, the Secretary of the United States Department of Transportation is authorized to make grants for mass transportation projects pursuant to Section 5309 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 5309 urban -formula transit funds and will apply on behalf of Tompkins Consolidated Area Transit (TCAT) to receive and use said funds, and WHEREAS, the County of Tompkins agrees that TCAT shall function as the Grantee under the Federal Grant Agreement to receive and dispense the Federal assistance funds described in this Grant and that TCAT, as the Grantee, shall assume all responsibilities for fulfilling all Federal terms and conditions as set forth in this Grant, 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 $1,485,044 to be used for capital projects identified as "Tompkins County Replacement Buses" (Federal Register, Vol. 67, No. 1, January 2, 2002, Table 9, p. 5 of 7) and approved by the Ithaca -Tompkins County Transportation Council and included in the 2001 — 2006 Transportation Improvement Program, as amended, now therefore be it RESOLVED, on recommendation of the Public Works 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 for the 2002 Section 5309 Grant, RESOLVED, further, That the County Contracts Coordinator is authorized to execute a supplemental grant agreement on behalf of the County of Tompkins with the United States Department of Transportation and Tompkins Consolidated Area Transit to formally designate Tompkins County Area Transit as the Grantee for this grant and that the County is not in any manner subject to or responsible for the terms and conditions of this Grant Agreement and is a party to this Grant Agreement only to assign the right to receive and dispense Federal funds to Tompkins Consolidated Area Transit as Grantee. SEQR ACTION: TYPE 11-20 RESOLUTION NO. 135 - AMENDMENT TO THE 2002-2006 CAPITAL PROGRAM AND AWARD OF BID - NORTH TRIPHAMMER ROAD REHABILITATION AND BRIDGE REPLACEMENT (BIN 3314360) MOVED by Ms. Blanchard, seconded by Mr. Todd. Mr. Proto inquired whether the increase in the awarded bid amount was due to increased costs or expansion of the project. Ms. Blanchard explained that this project was first estimated in 1993 and cost estimates had not been revised as the project progressed. The Ithaca -Tompkins County Transportation Council met and discussed ways to avoid inflationary increases on future projects to avoid this type of situation. This increase is simply due to inflationary costs of the project. As a result of the increase changes have been made to create a funding package that would allow the bid to be awarded and allow the work to progress. This was done by taking funding from the Brooktondale Bridges Project and delaying work on the lower bridge in Brooktondale until 2004-2005, using funds not expended on the right-of-way acquisition along North Triphammer Road, and requesting $152,100 from the Contingency Fund. In addition, the New York State Department of Transportation has agreed to fund an additional $134,000 to the project, with the County responsible for five percent of that amount. Through the reconfiguration we are able to continue on these projects as well as renegotiating the White Church Road approach. Ms. Blanchard also said that Senator Seward's office has been contacted to request funding to replace funds lost in the CHIPS area as well as other ways to seek funding and allow projects within the department to proceed. Mr. Penniman noted that this 203 June 18, 2002 resolution completes three things: first is the award of bid; second is amending the capital project; and last is providing funds from the Contingent Fund. He thanked Ms. Blanchard for all the time spent in seeking ways to proceed with these projects and noted that there was not another solution to allow this to happen. Mr. Todd praised Ms. Blanchard for having brought the project this far and said he is happy with it. He also said that the road was last rebuilt in 1963, at which time it was a country road without the mall, Route 13, or many of the businesses that exist at the present time. Ms. Robertson asked if all municipalities were involved. Ms. Blanchard said that she can't take credit for this solution and that it was staff who worked to do so. She then expressed appreciation to Donald Barber, Supervisor of the Town of Caroline, who has worked with those involved. Mr. Joseph said that although he prefers not to utilize contingency funds, this project is a County road being reconstructed with 2.8 million in Federal funds and .5 million in State funds, we cannot go ahead with it unless we authorize what it takes to happen. A roll call vote resulted as follows: Ayes — 14, Noes — 0, Excused — 1 (Representative Lane). RESOLUTION ADOPTED. WHEREAS, Resolution No. 139 of 2001 authorized an agreement with the State of New York whereby State and Federal sources will furnish 95 percent of the funding necessary to rehabilitate North Triphammer Road and replace the North Triphammer Road bridge over Gulf Creek (BIN 3314300), and WHEREAS, the Tompkins County Finance Department has duly advertised for bids for the project, and WHEREAS, two (2) bids were received on June 3, 2002, and publicly read, and WHEREAS, the low bid exceeded the amount authorized by Resolution No. 139 of 2001 by $678,341.39, and WHEREAS, the County Highway Manager has recommended partially offsetting this overrun by shifting surplus funds from project right-of-way acquisition, performing a portion of construction inspection with County staff, and deferring rehabilitation of the Lower Brooktondale Bridge until 2005, the latter being part of the Brooktondale Bridges TEA -21 Project, and WHEREAS, the Ithaca -Tompkins County Transportation Improvement Program (TIP) was amended on June 18, 2002, to provide additional funding in accordance with the above recommendations, now therefore be it RESOLVED, on recommendation of the Public Works and Budget and Capital Committees, That the 2002 Capital Program be amended to reflect a change in the Total Cost of the Project from $3,101,000 to $3,597,000 with the Federal Reimbursement increase from $2,480,800 to $2,770,400 and the State Reimbursement increase from $465,150 to $519,450 leaving a Local Share increase from $155,050 to $307,15, RESOLVED, further, That the bid be awarded to Economy Paving Company, Inc., of Cortland, lowest responsible bidder, in the amount of $2,782,341.39, pending approval of the bid by the New York State Department of Transportation, RESOLVED, further, That the Highway Division be authorized to implement this bid and execute change orders with total values not to exceed 0.5% of the aforementioned bid amount on behalf of the County, funds to be provided from the North Triphammer Road capital account (HZ5103.59239.53.01) and an additional $152,100 be appropriated from Contingency Account A1990.54400 to Account A9576 Contribution to Construction, to provide for the increased local share of the project of $307,150. SEQR ACTION: TYPE II- 2 204 June 18, 2002 Report from Ithaca -Tompkins County Transportation Council Ms. Blanchard noted that the Ithaca -Tompkins County Transportation Council's Planning and Policy Committees met jointly on June 18, 2002. One item discussed was an agreement with the Planning Department to contract, at a cost of $20,000, to allow the Transportation Council to utilize the services of a planning analyst two days per week. She also said a copy of the Freight Study will be made available in the Board office. Also, on or about October 15, 2002, the Governor's office will determine whether funding will be received for two projects submitted for enhancement grants: one is a section of the Cayuga Waterfront Trail, and the other is sidewalks along Elmira Road. Report from the Planning Committee Ms. Kiefer, Chair, said that the Planning Committee has not met since the last Board meeting. The next meeting is on Thursday, June 20, 2002 at 2:00 p.m. Report and Presentation of Resolution(si from the Government Operations Committee Mr. Koplinka-Loehr, Chair, said the Committee met on June 11, 2002, with most action being either the resolutions being presented at this meeting, or in future meetings. He did say that the Public Information Officer, Wendy Skinner, provided information relevant to the cancellation of the Public Forum and the Committee is discussing different ways to receive information. Also discussed was the possible reconfiguration of two small departments, STOP -DWI and Weights and Measures. A decision was postponed pending an overall review of how we look at County government, ways to maximize resources, the relationship of departments and possibly Cabinet structure. He said that the present fiscal constraints are viewed as an opportunity to look at the possibilities. Also completed was a review of small wording changes to the Charter Articles presented and the goals for the year. RESOLUTION NO. 136 - RESOLUTION TO AMEND AND RESTATE THE MODEL PLAN FOR A DEFERRED COMPENSATION PROGRAM FOR THE COUNTY OF TOMPKINS — PERSONNEL DEPARTMENT MOVED by Mr. Koplinka-Loehr, seconded by Mr. Booth. Mr. Proto said he would like to provide the public the opportunity to know what the resolution involves. Mr. Koplinka-Loehr said that the County offers a deferred compensation plan to employees and that changes in regulations would allow employees to move more of their salaries to the plan if they choose. This resolution modifies the plan to meet the model plan offered by New York State. A voice vote resulted as follows: Ayes — 14, Noes — 0, Excused — 1 (Representative Lane). RESOLUTION ADOPTED. WHEREAS, the New York State Deferred Compensation Board (the "Board"), pursuant to Section 5 of the New York State Finance Law ("Section 5") and the Regulations of the New York State Deferred Compensation Board (the "Regulations"), has promulgated the Model Deferred Compensation Plan for Employees of Tompkins County (the "Model Plan") and offers the Model Plan for adoption by local employers, and WHEREAS, Tompkins County, pursuant to Section 5 and the Regulations, has adopted and currently administers the Model Plan known as the Deferred Compensation Plan for Employees of Tompkins County by Board Resolution No. 150, dated June 16, 1998, and WHEREAS, effective January 1, 2002, the Board amended the Model Plan to adopt provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001 ("EGTRRA") as they apply to the Model Plan and to adopt modifications that update certain administrative provisions to accommodate prospective state-of-the-art methods and procedures, and WHEREAS, the Board has offered for adoption the amended and restated Model Plan to each Model Plan sponsored by a local employer in accordance with the Regulations, and 205 June 18, 2002 WHEREAS, upon due deliberation, Tompkins County has concluded that it is prudent and appropriate to amend the Deferred Compensation Plan for Employees of the County of Tompkins by adopting the amended and restated Model Plan, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That Tompkins County hereby amends the Deferred Compensation Plan for Employees of the County of Tompkins by adopting the amended and restated Model Plan dated January 1, 2002. SEQR ACTION: TYPE 11-20 RESOLUTION NO. 137 - AUTHORIZING A PUBLIC HEARING ON PROPOSED LOCAL LAW NO. 3 OF 2002 - ELECTING AN EARLY RETIREMENT INCENTIVE PROGRAM AS AUTHORIZED BY CHAPTER 69 OF THE LAWS OF 2002 FOR THE ELIGIBLE EMPLOYEES OF THE COUNTY OF TOMPKINS MOVED by Mr. Koplinka-Loehr, seconded by Ms. McBean. A voice vote resulted as follows: Ayes — 14, Noes — 0 , Excused — 1 (Representative Lane). RESOLUTION ADOPTED RESOLVED, on recommendation of the Government Operations 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, July 2, 2002 at 5:30 o'clock in the evening thereof concerning proposed Local Law No. 3 of 2002 — Electing an Early Retirement Incentive Program as Authorized by Chapter 69, Laws of 2002, 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, 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 Report and Presentation of Resolution(s) from the Economic and Workforce Development Operations Committee Ms. Herrera, Vice Chair, noted that the Committee met on June 13, 2002. In the Chair's Report Mr. Lane discussed publicity for Economic Development projects within the County and formed a working group to look into the matter and return to the Committee with recommendations. Mr. Braun, Director of the DeWitt Historical Society, provided information about his agency, the financial impact of funding reductions, and the unique situation they are presently undergoing with the renovations of the building that houses them. Mr. Braun also provided information about safeguarding the extensive collection. The Joint Working Group is presently reviewing livable wages, project labor agreements, and hiring practices. Ms. Herrera said that this group meets again on July 1, 2002, at 3:30 p.m. and will discuss project labor agreements. Mr. Driscoll of the Community Arts Partnership spoke to the Committee about his agency and provided information on the present website www.ithacaevents.com. Mr. Driscoll said they are presently working on ticket purchasing on the web for events and that there have been approximately 125,000 hits to this website monthly. The Community Arts Partnership is also completing a community cultural assessment that began in September 2001 that will provide valuable information for future planning. Mr. Stamm of the Tompkins County Area Development (TCAD) addressed the subject of the tax-free bonding fees and the impact it will have on the community. Ms. Armstrong then reported on the integrated sewer system and concerns regarding the Department of Environmental Conservation's (DEC) intent to reclassify the lake and the impact on the project and the area. It was thought that the public hearing time period was not long enough and TCAD drafted a letter to DEC to request that they reopen the hearings. Lastly, a discussion occurred regarding Empire 206 June 18, 2002 Development Zones and the need to be prepared in the event one is awarded to the County. Presently Tompkins County is ineligible for a zone and TCAD has sent a request for a waiver of present criteria as the County employs many individuals from adjoining counties that have zones. Mr. Penniman said that a zone would be beneficial and that the State picks up the cost of the tax abatement incentives offered within a zone. Ms. Blanchard noted that all adjoining counties have a zone. Ms. Kiefer inquired who would receive the newly imposed fees from the tax-free bonds and was informed that the fees go directly to the State. Ms. Kiefer then addressed the issue of the integrated sewer system and said that at a recent meeting DEC representatives indicated that by placing the lake on the 303 list it should not effect the intermunicipal sewer project. Ms. Blanchard said that although the individuals questioned may not have thought so the letter and concern is to clarify without a doubt that it would not effect the project, as well as the possible negative effect on tourism. Ms. Blanchard will be providing members of the Board with a copy of the letter mentioned in order to clarify the particular concerns. Mr. Proto, Chair of the Water Resource Council, said that a request was made for a 303 review by the Department of Environmental Conservation of the lower end of the lake as well as its tributaries. Mr. Joseph inquired whether County bonding issues would now be charged a fee. Mr. Squires indicated he did not think so and Ms. Herrera confirmed it was the IDA and Dormitory Authority bonds. The next meeting of the Committee will be Thursday, July 11, 2002, at 2:00 p.m. RESOLUTION NO. 138 - APPROVAL OF CONTRACT FOR STRATEGIC TOURISM PLAN MOVED by Ms. Herrera, seconded by Mr. Penniman. Mr. Proto expressed concern that the language in the fourth WHEREAS, implies that an outside individual would be making determination of the way the funds were to be used. Ms. Herrera explained that the funds are to be used for a workshop where this individual will facilitate the meeting. Mr. Penniman expressed his belief that there are a number of diverse individuals fully capable of recommending items to assist in the tourism area. Mr. Proto indicated it was not a question of the scope of work but rather the authority to authorize the expenditure, that the authorization is reserved only for the Board. Ms. McBean said that the intent of the resolution is to enable Strategic Tourism Planning Board to develop a plan but that the request to fund future projects lies with the Board at the time they are to be implemented. Mr. Proto asked that the Board members please be provided with the plan when completed. A voice vote resulted as follows: Ayes — 13, Noes — 1 (Representative Proto), Excused — 1 (Representative Lane). RESOLUTION ADOPTED. WHEREAS, the adopted 2002 Room Tax budget includes a line item of $6,837 for a strategic tourism plan, and WHEREAS, the Strategic Tourism Planning Board (STPB) developed a strengths, weaknesses, threats, and opportunities (SWOT) analysis of local tourism, and the STPB wishes to formulate a three- year tourism plan for Room Tax revenue, and WHEREAS, the SWOT analysis can now be incorporated into a comprehensive tourism plan that will outline what projects and efforts should be developed and financed by Room Tax resources to enhance the local tourism and economy through these initiatives, and WHEREAS, the STPB wishes to conduct a facilitated half-day work session that would include the consulting work of a professional who has expertise in the tourism industry, and utilize the research of the STPB, and WHEREAS, Gary Esolen, President and Chief Executive Officer of Travelplace.com, New Orleans, Louisiana, agreed to write the three-year plan under the direction of the STPB, at a cost not to exceed $5,000 and the Tompkins County Planning Department agreed to facilitate the half-day work session for a cost not to exceed $1,750, now therefore be it 207 June 18, 2002 RESOLVED, on recommendation of the Economic and Workforce Development Committee, That the County Administrator or his designee is authorized to execute a contract with Gary Esolen for up to $5,000 for writing the plan and consulting the STPB, RESOLVED, further, That an allocation for the amount up to $1,750 be approved for the Tompkins County Planning Department to facilitate the work session, and that said funds are available in Account No. 6475.54497. SEQR ACTION: TYPE II -20 RESOLUTION NO. 139 - AUTHORIZATION TO EXECUTE A CONTRACT WITH TOMPKINS COMMUNITY ACTION — TEMPORARY ASSISTANCE TO NEEDY FAMILIES (TANF) SUMMER JOBS PROGRAM — WORKFORCE DEVELOPMENT MOVED by Ms. Herrera, seconded by Mr. Koplinka-Loehr, and unanimously adopted by voice vote by members present. WHEREAS, the Federal allocation for Temporary Assistance for Needy Families (TANF) Youth Summer Employment was recently announced, and WHEREAS, Tompkins County Workforce Development will receive $34,750, and WHEREAS, Tompkins Community Action has submitted a proposal to operate TANF Summer Jobs Program, and WHEREAS, the program will provide work experience for twenty-five Tompkins County youth for seven weeks, twenty-five hours per week at minimum wage, helping them obtain new skills, earn wages, build a Career Zone portfolio, and create a resume, and WHEREAS, the Tompkins County Youth Employment Council has reviewed the proposal and budget and recommends that the program be funded at $30,387, as submitted, now therefore be it RESOLVED, on recommendation of the Economic and Workforce Development Committee, That the contract with Tompkins Community Action for $30,387 is hereby approved, RESOLVED, further, That the Finance Director is hereby authorized to make the necessary budget adjustment as follows: REVENUE: CD6290.44790 Federal Aid Job Training $34,750 APPROPRIATION: CD6290.54491 Subcontracts $30,387 CD6290.51000 Salaries $ 4,363 SEQR ACTION: TYPE 11-20 RESOLUTION NO. 140 - IN SUPPORT OF PASSAGE OF LEGISLATION RAISING THE MINIMUM WAGE IN NEW YORK STATE MOVED by Ms. Herrera, seconded by Mr. Koplinka-Loehr. A voice vote resulted as follows: Ayes — 12, Noes — 2 (Representatives Todd and Totman), Excused — 1 (Representative Lane). RESOLUTION ADOPTED. WHEREAS, a person working a fulltime job should be able to support him/herself without requiring public assistance, and WHEREAS, the level at which a minimum wage is set affects how many working persons require public assistance, and WHEREAS, in New York State the minimum wage has not been raised since March 13, 2000, and WHEREAS, the events of September 11, 2002 have had fiscal repercussions throughout the State of New York, and 208 June 18, 2002 WHEREAS, these fiscal repercussions can be devastating to the working poor, leading to homelessness, and public assistance, and WHEREAS, the number of people on public assistance has a negative effect on the fiscal health of Tompkins County, and WHEREAS, Governor Pataki and the State Legislature are considering legislation during the 2002 Legislative Session that would raise the minimum wage in New York State, from $5.15 per hour to $6.75 per hour, now therefore be it RESOLVED, That Tompkins County goes on record supporting an increase in the minimum wage for New York State, RESOLVED, further, That Senators Bruno and Velella as well as Kuhl, Seward, and Nozzolio be advised of this resolution, RESOLVED, further, That Tompkins County urges its representatives in the New York State Legislature to approve legislation during the 2002 Legislative Session granting an increase in the minimum wage. SEQR ACTION: TYPE II -20 Mr. Koplinka-Loehr was excused at 7:06 p.m. Report and Presentation of Resolution(s) from the Budget and Capital Committee Mr. Penniman, Chair, reported that the Committee met twice since the last Board meeting. He reported that the annual audit of the County has been completed and the report indicates that everything is in order and no concerns were expressed. Mr. Penniman noted that the Finance Department is one that is rarely mentioned, yet holds a very critical duty for the County. He expressed his belief that it would be difficult to cut back significantly within the department without jeopardizing the extremely detailed tasks completed, noting that there are other departments within the County in the same position. Next, he said he had sent a memo to Committee Chairs and copied all Board members requesting that capital project reviews take place as soon as is feasibly possible and forward them to the Budget Committee. Mr. Penniman would like to have as much of the capital program area of the budget as possible completed prior to the fall. RESOLUTION NO. 141 - URGING THE LEGISLATURE TO REJECT BILL AMENDING SECTIONS 205-A AND 205-E OF THE GENERAL MUNICIPAL LAW MOVED by Mr. Penniman, seconded by Ms. Robertson. A voice vote resulted as follows: Ayes — 13, Noes — 0, Excused — 2 (Representatives Koplinka-Loehr and Lane). RESOLUTION ADOPTED. WHEREAS, the New York State Legislature is considering legislation which would allow police (including Deputy Sheriffs) to sue or retroactively sue their employers if injured as a result of a fellow officers failure to follow internal manuals or memorandum, and WHEREAS, the proposed legislation could pose significant additional liability on counties and other municipalities, and WHEREAS, Workers' Compensation and Section 207-c of the General Municipal Law provide adequate remedies for on the job injuries to police officers, and WHEREAS, thirty-five individual counties, the New York State Association of Counties and numerous municipalities in the State have already notified their representatives of their opposition to the proposed law, now therefore be it RESOLVED, on recommendation of the Budget and Capital Committee, That the Tompkins County Board of Representatives declares its opposition to said legislation, 209 June 18, 2002 RESOLVED, further, That the Clerk of the Board is directed to supply a copy of this resolution to Honorable Sheldon Silver, Honorable James L. Seward, Honorable Martin Luster, Honorable Randy Kuhl and the Honorable Joseph Bruno. SEQR ACTION: TYPE 11-20 Report and Presentation of Resolution(s) from the Public Safety Committee Mrs. Schuler, Chair, said the Committee met on June 6, 2002. She reported on work done by the Sheriff, Alcoholism Council, and Cornerstone Recovery to develop a program to increase participation levels of inmates recommended for referral. Domestic Violence training is also being done as well as law enforcement training highlighting the needs of older people and those with disabilities who experience domestic violence. Mrs. Schuler provided figures on various public safety departments who have attended training. The Felony Drug Court will be having a graduation ceremony on June 19, 2002, in the Main Courthouse located at 320 North Tioga Street. The Committee will not have a regularly scheduled meeting in July, but will meet if needed prior to the regular Board meeting July 2, 2002. RESOLUTION NO. 142 - DESIGNATION OF COST SAVERS - 2003 BUDGET MOVED by Mrs. Schuler, seconded by Ms. Herrera. Mr. Penniman noted that several other programs were proposed for cost -saver status and the only two recommended to be presented to the Board were the Offender Aid and Restoration Bail Program and Probation Alternative to Incarceration Programs. Mr. Winch asked how a determination was made with regard to the Alternative to Incarceration programs and was informed the three programs considered were SWAP, Pre -Trial release, and RICS, a reduced incarceration program ordered by the judge in a case. Mr. Booth said he was in opposition to the resolution, not the programs and explained that he did not believe that any department should be singled out as "untouchable," particularly in such a tight budget year. Mr. Booth said he felt many departments worked hard to save funds although they were not able to apply for, or had a strong case for cost saver status. Ms. Blanchard expressed agreement with Mr. Booth. Mr. Penniman said he would vote in favor of the cost savers as recommended based upon the strict set of rules required to qualify. Mrs. Schuler said that a number of programs had been recommended and several had not proven to save money. She said that perhaps the criteria be revisited at another time and urged that these programs not be penalized. Ms. Robertson said that a reevaluation should include the consequence of determining a cost saver as it appears there are programs that save money who did not apply, such as EISEP which funds home care for the elderly in lieu of nursing home placement. Mr. Joseph said that he did not feel cost -saver status should continue, however since it is presently in place he will support the resolution. Mr. Totman said he would be voting against the resolution and feels that a determination needs to be made to notify the public of programs to be cut. It was noted that the review indicated that these programs do in fact save money and that it is only a portion of the total programs of these agencies that come under the cost -saver status. A voice vote resulted as follows: Ayes — 7 (Representatives Herrera, McBean, Penniman, Schuler, Kiefer, Robertson and Joseph); Noes — 6 (Representatives Proto, Blanchard, Todd, Totman, Winch, and Booth); Excused — 2 (Representatives Koplinka-Loehr and Lane). RESOLUTION LOST. 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; 210 June 18, 2002 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 the 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, now therefore be it RESOLVED, on recommendation of the Public Safety and Budget and Capital Committees, That the following programs of County government are hereby designated to be Cost Savers for the 2003 budget: • Offender Aid and Restoration (OAR) - Bail Program • Probation - Alternatives to Incarceration - Reduced Incarceration Community Service (RICS) Pre -Trial Release Service Work Alternatives Program (SWAP) SEQR ACTION: TYPE II -20 RESOLUTION NO. 143 - IN SUPPORT OF A9747B/S6182B — AMENDING SECTION 214 OF THE TRANSPORTATION LAW TO EXCLUDE DRIVERS OF UTILITY TRUCKS FROM "HOURS OF SERVICE" RESTRICTIONS MOVED by Mrs. Schuler, seconded by Mr. Booth. Mrs. Schuler explained that this was to waive the "hours of service" regulations for utility truck drivers such as employees of New York State Electric and Gas Corporation. She said that due to the emergency nature of their work it would allow them to continue in service during emergencies. Ms. Kiefer said that she would request the removal of paragraphs that pertain to anything other than the hours driving. Mr. Winch said that in essence it seems good but voiced concerns about the safety issues involved when an individual has put in many hours. Mr. Joseph said that he had checked with individuals within the local utility company as well as the union involved and both are in support. A voice vote resulted as follows: Ayes — 11, Noes 2 (Representatives Totman and Winch), Excused — 2 (Representatives Koplinka-Loehr and Lane). RESOLUTION ADOPTED. WHEREAS, utility trucks are currently defined as "motor trucks" under New York State law, requiring drivers to comply with "hours of service" regulations prescribed by the New York State Department of Transportation, and WHEREAS, Section 214 of the Transportation Law was designed to prohibit persons from driving motor trucks for extended periods of time without sufficient rest, and WHEREAS, utility truck drivers spend approximately twelve percent of their time driving the vehicles, as their primary task is the installation, repair, and restoration of utility services for the public, and RESOLVED, on recommendation of the Public Safety Committee, That the Tompkins County Board of Representatives supports the New York State Legislative Bill A9747B/S6182B — Amending Section 214 of the Transportation Law to exclude drivers of utility trucks from "hours of service" restrictions. SEQR ACTION: TYPE II -20 211 June 18, 2002 RESOLUTION NO. 144 - AUTHORIZATION TO CONTRACT FOR ELIGIBLE FEDERAL FUNDING RECOVERY SERVICES — SHERIFF'S OFFICE MOVED by Mrs. Schuler, seconded by Mr. Proto. Mrs. Schuler said that this provides a service that searches for revenues available to the Sheriffs office and receives a contingency fee of twenty percent of revenues received. Mr. Meskill said that many public safety offices utilize this service that is strictly for Federal entitlements. Mr. Whicher said he was in support of this resolution. Ms. Robertson inquired how much staff time would be used in this process and Mr. Meskill replied that their records will be made available to the company for their review. A voice vote resulted as follows: Ayes — 13, Noes 0, Excused — 2 (Representatives Koplinka- Loehr and Lane). RESOLUTION ADOPTED. WHEREAS, the Sheriff Department's current programs may be eligible for Federal funding, and WHEREAS, Justice Benefits, Inc. (JBI), is a nationally known company that has expertise in seeking out additional Federal entitlement funds, and has claimed over a total of $1.5 million in new revenues for thirty-one New York State Counties, and WHEREAS, JBI specializes in Federal revenue maximization for State and local political entities, and has the technology and manpower to research and access Federal funding opportunities, and WHEREAS, JBI can review the policies and procedures used by the Sheriff's Office to identify additional Federal and other revenue sources, if any, that may be available to the County through participation in new programs or expansion of the existing Federal Financial Participation, now therefore be it RESOLVED, on recommendation of the Public Safety Committee, That the County be authorized to enter into a multi-year contract with Justice Benefits, Inc., of Dallas, Texas, commencing June 15, 2002 through June 14, 2004, with the option to terminate the contract for any reason, RESOLVED, further, That annual administrative expenses associated with this contract shall be paid in the amount of twenty-two percent of all revenue paid to the County (prospectively or retroactively), RESOLVED, further, That the County Administrator or his designee be authorized to sign documents related to this contract, RESOLVED, further, That no additional funds are needed for this service. SEQR ACTION: TYPE II -20 Mr. Proto indicated that he would like someone to speak to Ms. Williams who spoke under Privilege of the Floor by the Public regarding current Alternative to Incarceration Programs that exist. Mrs. Schuler said that she is going to contact Ms. Williams. Report and Presentation of Resolution(s) from the Space Needs and Location Committee Mr. Joseph, Chair, said that at the last meeting Welliver McGuire reviewed options previously made available to the Committee. He said that they then brought forth a new option to raze the Old Library and construct a new County office building in its place. He said that on the surface it was comparable cost, however, a review showed that while it would place offices in proximity it did not have the comparable square footage to what the previous options were. A meeting will take place next week on Thursday to provide a comparative analysis using consistent square footage measures, to better compare all options. Mr. Winch asked if it was only for records storage. Mr. Joseph said that it was not for records only and that various options for many departments being consolidated are being considered. 212 June 18, 2002 RESOLUTION NO. 145 - AUTHORIZATION TO ENTER INTO AN AGREEMENT WITH SCHICKEL ARCHITECTURE FOR PROFESSIONAL SERVICES — BID SPECIFICATIONS FOR RENOVATIONS AT OLD LIBRARY TO ACCOMMODATE RECORDS STORAGE - FACILITIES MOVED by Mr. Proto, seconded by Ms. Robertson. Mr. Winch asked what the project entailed and whether previous information is incorporated. Mr. Joseph said this is in preparation of the bid specification with regard to asbestos and fire proofing of the building. A voice vote resulted as follows: Ayes — 13, Noes 0, Excused — 2 (Representatives Koplinka- Loehr and Lane). RESOLUTION ADOPTED. WHEREAS, Board Resolution No. 310 of December 18, 2001, directed that preparations be made to relocate the Office of Records Management to the Old Library building, and WHEREAS, building code regulations require that repairs be made prior to occupancy by the Records Center, and WHEREAS, architectural and engineering services are necessary in the preparation of a project manual describing the necessary renovations, repairs and bid requirements for such work, now therefore be it RESOLVED, on recommendation of the Space Needs and Location Committee, That the County Administrator is authorized to enter into an agreement with Schickel Architecture in the amount of $26,800 for: • Project Definition (basic architectural services) • Schematic Designs (drawings and project components) • Design Development (drawings and architectural, structural mechanical, and electrical systems including project materials) • Construction Documents (bidding information, bidding forms, conditions of the contract, and form of agreement between County and Contractor — a/k/a the "project manual") RESOLVED, further, That said funds are available in Account No. HB 1601.59239.16.41. SEQR ACTION: TYPE II -20 RESOLUTION NO. 146 — AUTHORIZATION TO APPROVE LEASE EXTENSION WITH TRANSAMERICAN ENGINEERING CORPORATION MOVED by Mr. Proto, seconded by Ms. Robertson. Mr. Proto explained that this is to allow for lease extension of the Records Storage Division while the work is done on the Old Library. A voice vote resulted as follows: Ayes — 13, Noes 0, Excused — 2 (Representatives Koplinka-Loehr and Lane). RESOLUTION ADOPTED. WHEREAS, Board Resolution No. 305 of 2001 authorized the County Administrator to execute a lease with Transamerican Engineering Corporation for 10,000 square feet in the Biggs A facility for the Records Management Program, and WHEREAS, Board Resolution No. 310 of 2001 authorized the County Attorney to submit a letter of lease termination to be effective ninety days from the date of notice (March 24, 2002), and WHEREAS, the County was unable to move the Records Department to the Old Library by March 24, 2002 and will be unable to make arrangements to move Records as planned within a reasonable timetable, now therefore be it RESOLVED, on recommendation of the Space Needs and Location Committee, That the County Administrator is hereby authorized and directed to enter into a lease agreement or lease extension agreement with Transamerican Engineering Corporation at the same rental for an additional six months 213 June 18, 2002 running from the March 24, 2002 date to terminate September 24, 2002 subject to the right of the County to terminate sooner on 30 days notice. SEQR ACTION: TYPE II -20 Report from the Charter Review Committee Ms. Kiefer, Member, reported that the Committee met the first Thursday of the month and reviewed the revision to the Planning Department Article as well as several revisions to the Public Works Article. She also reported that a discussion took place regarding the official name of the Board, referencing a memo to Board members from Chair Lane regarding the subject. The question had been posed in this memo whether the Board, which is comprised of legislators, should perhaps be known as a County Legislature or Board of Legislators. Ms. Kiefer said that the Committee is looking to receive feedback on this matter. She said that she believes that since the group is already known as a Board and a great deal of the laws and minutes refer to the Board, she prefers Board of Legislators. Ms. Schuler noted that the word County should appear. A straw poll was taken between Legislature or Board of Legislators that indicated nine for Legislature and four for Board of Legislators. Mr. Proto inquired on the resolution that will be brought forward regarding special elections in the event of a vacancy. Ms. Kiefer said that there had been discussion to change it from appointment by the Town to a direct election of the people in a special election, and this will be brought forward. Report from the Communications Capital Projects Committee Ms. Blanchard, Chair, indicated that the Committee has not met since the last Board meeting. The next meeting will take place on Tuesday, June 25th, at 11:00 a.m. in the Scott Heyman Conference Room. She reported that today, June 18, 2002, at noon a pre-bid meeting took place with a number of potential vendors who may be bidding on the Public Safety Communications System upgrade. Ms. Blanchard was pleased at the turnout and felt that it was going well. Report from the Fiscal Management Committee Mr. Joseph, Chair, said that the Committee met and reviewed a number of requests to fill positions and provided information on the actions taken by the Committee. Mr. Proto asked to be provided with up-to-date financial information indicating the savings or cost of the present hiring practices. Mr. Whicher will provide this information. Report from the Public Safety Building Space Planning Committee Mr. Joseph, Chair, reported that work continues on the request for proposals/request for quotes from firms to design the jail expansion or new facility. The next meeting of this Committee will be on June 24, 2002. Approval of Minutes of June 4, 2002 It was MOVED by Mr. Booth, seconded by Mr. Winch, and unanimously adopted by voice vote by members present, to approve the minutes of June 4, 2002 as submitted. MINUTES APPROVED. Adjournment On motion the meeting adjourned at 7:47 p.m. 214 July 2, 2002 Regular Meeting Public Hearing - Local Law No. 3 of 2002 - Electing a Retirement Incentive as Authorized by Chapter 69, Laws of 2002, for the Eligible Employees of the County of Tompkins Mr. Joseph called the public hearing to order at 5:30 p.m. and asked if anyone wished to speak. No one wished to speak and the public hearing was closed at 5:31 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. Privile2e of the Floor by the Public Fay Gougakis, City of Ithaca, voiced concern about the City of Ithaca's public input process relating to the Cayuga Green project. She said most of the meetings that have been open to the public have not offered an opportunity for discussion or input by the public. She said she is an avid bicyclist and has not been able to voice her concern about traffic consequences the project will have. Ms. Gougakis asked the Board to contact the City of Ithaca Mayor and Common Council members to let them know that the lack of public participation is not acceptable. Terry Harbin, Newfield resident and employee of the Tompkins County Public Library, presented the Board with two videotapes that he has produced. One was about the solar panels on the roof of the Library and is entitled "Tompkins County Shines"; the other is a documentary about the making of the new Library. Mr. Harbin said the videos will be aired on the Local Government Access Channel and are available to any Board member. Mr. Harbin also thanked the Board for constructing the Library and said that he appreciates his workspace and the atmosphere at the new Library. Sheriff Peter Meskill introduced Captain Larry Jackman of the New York State Police. Mr. Jackman was recently assigned to handle the zone that includes Tompkins County. Mr. Jackman thanked the Sheriff for the introduction and said he is committed to continuing the cooperation that exists between the Sheriffs Office and the State Police. Mr. Jackman explained the area the State Police covers and the composition of his unit. He said all members of the State Police are committed to providing professional and efficient law enforcement services and eliminating any duplication of services that may exist. Mr. Jackman said he is originally from Tompkins County and is pleased to be returning to the area. He said his door is always open and he welcomes any County Board member to discuss any issue that may arise. Privile2e of the Floor by Board Members Ms. Kiefer, District No. 10 Representative, announced she received a notice from the Environmental Management Council Coordinator regarding the seismic survey for gas drilling that will be done. The survey is to begin on State lands on July 8 and should be on County lands by July 10. She said Heather McDaniel is working on putting together information on how best to view the testing and will be letting her know. Ms. Kiefer said if any Board member would like to join her in going they should let her know. Mr. Proto, District No. 7 Representative and Chairman of the Water Resources Council, said he received a letter from the Department of Environmental Conservation today regarding the southern end of Cayuga Lake. The letter was in response to a concern about potential impairment and they have agreed to list the southern end of the lake as an impaired water body and will begin to study it. 215 July 2, 2002 Mr. Proto also reported on the NYSEG rate proposal and announced the PSC (Public Service Commission) has decided not to grant the increase. He said although this is good news, they have asked NYSEG to start over and come up with a plan that would institute the rate increase at a slower pace. Mr. Proto said if anyone is interested or has a concern about the tremendous amount of money that is being spent on natural gas, to join the protest at the PSC level. Mr. Lane, District No. 14 Representative, said he toured the Commons last weekend and observed many wonderful displays put on by fire companies from throughout Tompkins County. He said it was a very fine showing from a group of safety -conscience professionals in this community. Mr. Lane said one of the things that troubled him in his discussions with those individuals was the general level of anxiety that exists regarding the state of the County's public safety communications system. Mr. Lane said the County is proceeding with all -due speed toward a replacement of that system, but there is a need to continually reinforce to those people on the front lines that it is indeed moving forward. Mr. Lane also spoke of the federal and state courts and a ruling made this past week. At the State level, the affirmative decision in the lawsuit to declare the current state -aid formula used in the public school system unconstitutional was reversed by a vote of 4-1 at the Appellate level. He said although he hasn't had an opportunity to read the decision, the area that is most troubling is the portion that states that New York State only has an obligation to educate its students to approximately a ninth -grade level. He said he hopes the Court of Appeals will have a better view of this when it is appealed. Mr. Lane said another sad decision was from the United States Supreme Court in which a system of vouchers was upheld. He said this will undoubtedly take money away from the public school system and funnel it into private, parochial, and other schools at the expense of those in rural school districts who do not have a choice in schools. Ms. Robertson, District No. 13 Representative, said she also attended the display on the Commons this past weekend that was put on by firefighters. She spoke of a competition that was held and said she was amazed to see what these individuals are capable of doing. She also stated she was very impressed to see a woman, Christine Bowen of Newfield, compete and finish the course. Mr. Koplinka-Loehr, District No. 11 Representative, wished Representative Winch a happy birthday. Report from Municipal Official Hon. Donald Barber, Town of Caroline Supervisor, reported to the Board that the Town of Caroline has entered in to a contract with the U.S.G.S. to analyze the aquifers in the Town. He said they have done this because whoever buried the water lines did it without telling the Town where they were or how they are fed. Mr. Barber said they are currently trying to leverage money from the New York State Department of Environmental Conservation which has a mandate to identify all the aquifers in the State. He said although he realizes the County is in a difficult financial state, the Town would appreciate any assistance that could be provided. Mr. Barber reported the New York State Association of Towns and the Local Roads Program recently conducted an annual highway -schooling program. At that event he was approached by a member of the DEC who told him that a group of highway superintendents would have a great deal of power if they were to unite and go to Albany. Mr. Barber said after thinking about this statement that if all County Boards were to get together and travel to Albany to let legislators know about problems at the local level it may be well worth the time. He said it is time that the State hear that the local taxpayers cannot absorb any more unfunded mandates and shifts to property tax base. Hon. Catherine Valentino, Town of Ithaca Supervisor, agreed with Mr. Barber that it is much more worthwhile to join together as groups rather than travel to Albany as individuals. She said every year the Association of Towns sends a resolution and some lobbyists to Albany to discuss the unfunded mandates, but believes it may be advantageous to send a coalition of both town and county officials. She said a message needs to be delivered to Albany that these unfunded mandates are impacting everyone. Ms. Valentino said at the last Municipal Officials Association meeting, everyone understood the County's 216 July 2, 2002 financial problems and they want to work cooperatively to make things run smoother. Ms. Valentino said at that meeting a resolution was passed that requests the Board to reconsider the Municipal Officials' proposal about the temporary planning committee. She said she believes there hasn't been clear information as to what they are asking for. She said they are asking for a group of officials from the towns, City, and County, to come together for no more than six meetings to examine information that already exists (minutes, records), and interview individuals who were part of the Planning Federation and Planning Board. They would then try to glean from them what made them participate and what made them stop coming in the end. From that information this temporary group would make a recommendation to the Board on how a new entity might function and do so successfully. She said they strongly believe this type of group could only be helpful and would make the Vital Communities Program more successful. Chair Joseph asked Representative Kiefer to take this request to the Planning Department. Presentation of Health Insurance Portability and Accountability Act (HIPAA) Sigrid Kerr, Director of Patient Services for the Health Department, provided the Board with the following presentation: Health Insurance Portability and Accountability Act (HIPAA): Impact on Tompkins County Departments Processing health-related information Overview HIPAA, the Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191) authorized the Department of Health and Human Services (DHHS) to develop a set of standards and requirements to more securely protect health care information. Enforcement of these standards will essentially work to improve the efficiency and effectiveness of healthcare delivery by means of tighter regulation regarding the protection, security, and confidentiality of electronic health care information. Snecifics HIPAA regulates 4 general security practices in order to protect the confidentiality, integrity, and availability of individual health care information. A description of the (minimum) practices include: 1) Electronic health transaction standards, 2) Unique Identifiers, 3) Security and electronic signature standards, and 4) Privacy and confidentiality standards. -Electronic Health Transaction Standards - Today, health care providers and health plans that perform any type of electronic transaction use a variety of different documentation formats when conducting business. For health care claims alone there are presently over 400 different formats in use. With the inception of national standards for the electronic exchange of administrative and fmancial health care information, health care providers will be able to submit the same transaction to any health plan in the United States knowing that it will be accepted. Health plans will be able to send standard electronic transactions such as remittance forms and referral authorizations to health care providers. All private sector health plans and government health plans, all health care clearinghouses, and all health care providers that choose to submit or receive these transactions electronically will be required to use the same (HIPAA) standards. -Unique Identifiers - Employers, (National) Providers, Health plans, and individuals alike will all be assigned specific and unique Identifying numbers (1Ns). Employer identifying numbers will reflect the taxpaying identifying number assigned to them by the IRS. Currently, each health plan assigns numbers to 217 July 2, 2002 health care providers -individuals, groups, or organizations that supply health care. National Provider Identifiers (NPI) will be unique for each provider and each health plan will use the same NPI for that provider. How individual identifiers will be assigned has not yet been decided. Adequate security and privacy measures must be in place first to ensure no loss in privacy or security occurs with the inception of the individual identifier. -Security and Electronic Signature Standards - These standards mandate policies and procedures for physical storage and maintenance, readmission, and access to individual health information. The electronic signature will provide a reliable method of assuring message quality, user authentication, and non -repudiation (barring against the refusal of entities to acknowledge or pay a debt). Implementation will depend on a number of factors including the department, the technology they currently use, and the risks to - and vulnerabilities of - the information it must protect. For example, alcohol and substance use, mental illness and HIV/AIDS health information all require higher confidentiality standards. -Privacy and Confidentiality Standards - Covered entities must establish appropriate policies and procedures in order to protect the privacy of their clients' health information. Employees of these facilities will need initial and ongoing training in order to understand privacy procedures. Health care workers must limit the use of, disclosure of, and requests of protected health information to the minimum necessary to accomplish the intended purpose. Violators will be held accountable, with civil and criminal penalties that can be imposed if they violate patients' privacy rights. Compliance Date October 16, 2002 was the original deadline for covered entities to fully comply with HIPAA standards. In December 2001, the Administrative Simplification Compliance Act (ASCA) extended this deadline to October 16, 2003 for all covered entities other than small health plans (whose deadline was already October 16, 2003). In order to qualify for this extension, covered entities must submit a compliance plan by October 15, 2002. Penalties Failure to comply with HIPAA regulations may result in the following: • $100 fee for each violation • Maximum of $25,000 per year for each requirement Penalties for Wrongful Disclosure of information will include: • Per each offense - fined not more than $50,000 and/or imprisonment up to one year • Under false pretenses - fined no more than $100,000 and/or imprisonment up to five years • With intent to sell, transfer, or use - fined up to $250,000 and/or imprisonment up to ten years Conclusion All Tompkins County Departments handling health-related information will need their statistical, accounting and clinical software and hardware reviewed and possibly upgraded in order to meet HIPAA standards. And, policies, procedures and training regarding the safety and security of patient health information will need to meet these rigorous standards. The implementation of these standards will provide a higher standard of protection for the integrity and confidentiality of our clients' personal health information. Following the presentation Mr. Booth asked if there was a way this could be looked at systematically to see if there is a standard that can be achieved by everyone. Ms. Kerr said Greg Potter, Director of Information Technology Services, has been working on this. Mr. Whicher said although this will impact many County departments, the Health Department is taking the lead on this. He said this new requirement comes at a bad time but there is a blueprint to handle this that already exists and stressed they 218 l July 2, 2002 would not be "reinventing the wheel". Mr. Joseph said this is a very overwhelming requirement. He said not only is the County required to comply, but it is responsible to make sure everyone with whom the County shares information is also compliant. Chair's Report Mr. Joseph reported he attended a press conference today with Senator Charles Schumer who was in town to speak about school funding for certain Medicaid -reimbursable services for children with disabilities. Mr. Joseph said approximately a year ago the federal government said that local school districts have been using the money improperly and might have to pay it all back, which meant four to five million dollars to the Ithaca City School District. Mr. Joseph said the issue is that the federal government, which provided the money, also provided unclear guidelines. The State then clarified the guidelines for the local school districts which proceeded according to those guidelines and which now face criminal charges. Senator Schumer said in his discussions with the Justice Department they advised him they have put their investigation on hold until December. Senator Schumer also stated if anyone is at fault, it is the federal government for issuing vague guidelines and then the State for improperly interpreting them. Mr. Joseph said the reason he is reporting this to the Board is because it also involves the County. Since the Health Department is responsible for education of handicapped children aged three to five, the County is also involved. Senator Schumer said he would look into that, and make sure that any resolution on behalf of the school districts also covers counties. Mr. Joseph said the Senator also spoke about air service in central New York. The Senator, who has a long history of trying to promote increased air service in Upstate New York, has met with the new President of U.S. Airways who is seeking a federal loan guarantee of a couple billion dollars. The Senator told U.S. Airways he could be supportive, and that Central New York was in need of better air service. The President was sympathetic to this statement and provided the Senator with a much more promising response than in the past. Ms. Blanchard was asked to follow-up on this with the President of U.S. Airways. Report from the County Administrator Mr. Whicher said he distributed several documents to the Board this evening, including a summary of New York State Budget highlights that was prepared by the New York State Association of Counties, a one-page budget analysis by Comptroller McCall, a summary of news articles about what has been going on around the State, and a summary of how different counties are dealing with the budget situation. Mr. Whicher said he also distributed an analysis that NYSAC put together about the shift in Medicaid. He referred to a chart and said while it is typical to have large increases each year, Tompkins County's share will triple this year. Mr. Whicher said the idea of having the towns and counties join together to travel to Albany to campaign against these large shifts to the taxpayer is a good idea and is currently being discussed by NYSAC. Report from the County Attorney Mr. Wood reported on an article that appeared in the Ithaca Journal on June 201 relating to a case in which the Appellate Division had affirmed a State Supreme Court case dismissing a lawsuit against the County. The lawsuit alleged negligence in maintaining a County road had contributed to an accident. Mr. Wood noted the County gets a lot of cases where there are traffic accidents on County roads and for one reason or another, it is becoming very typical for the County to be sued. Report from the Finance Director Mr. Squires reported that now that the State Budget has been adopted, the State has forwarded Tompkins County's 2002 revenue sharing allocation of $194,000. He said part of the agreement to have revenue sharing was in response to counties assuming additional health care costs with the institution of 219 July 2, 2002 the Child Health Plus program. Mr. Squires also reported on sales tax revenues, and said receipts are much stronger than were expected. At the end of May, the County had received $1.4 million more than it had this time last year. He also reported the County will be holding a sale on July 13 to clean up the items that have been moved to the Old Public Library. Items for sale include scrap metal, furniture, and computers. The Triphammer Road bridge project has begun and he is proceeding to issue a revenue anticipation note to finance the project while it is under construction. Bids for those notes should be received approximately the third week in July. Mr. Joseph said revenue-sharing was initially supposed to be a "trade-off' for the Child Health Plus program which was expected to have substantial rising costs each year. In each year's budget, the amount allocated for revenue sharing was to go up to cover those costs. He stated it was made clear in this year's budget process that in year four revenue sharing amount goes to zero, while the Child Health Plus program does not go away. Resolution(s) Added to the Agenda No resolution(s) were added to the agenda. Resolution(s) Withdrawn from the Agenda No resolution(s) were withdrawn from the agenda. Approval of Resolution(s) Under the Consent Agenda It was MOVED by Ms. Kiefer, seconded by Mr. Penniman, and unanimously adopted by voice vote, to approve the following resolution(s) under the Consent Agenda. RESOLUTION NO. 147 — AUTHORIZING SUPPLEMENTAL CONSULTANT AGREEMENT NO. 5 WITH C&S ENGINEERS, INC., FOR ADDITIONAL CONSTRUCTION OBSERVATION AND ADMINISTRATIVE SERVICES AND ADDITIONAL ENVIRONMENTAL SERVICES IN CONNECTION WITH THE GENERAL AVIATION RAMP EXPANSION PROJECT — ITHACA TOMPKINS REGIONAL AIRPORT MOVED by Ms. Kiefer, seconded by Mr. Penniman, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, during excavation of the site at the recent General Aviation (GA) Ramp Expansion project, unstable sub -grade conditions and contaminated soils were discovered, and WHEREAS, this material was deemed to be unsuitable as a base for pavement and needed to be removed, and WHEREAS, excavation, testing, removing, and replacing these materials caused the C&S Inspection and Administration contract to be extended by an additional twenty-three (23) days, and WHEREAS, the discovery of approximately five hundred cubic yards (500 cu. yds.) of contaminated soil excavated from the General Aviation ramp expansion site included a requirement for laboratory analysis, groundwater testing, and meetings with New York State Department of Environmental Conservation (NYSDEC), and WHEREAS, given the various disposal options, it is deemed most cost effective to have the contaminated soil placed in a landfill, now therefore be it RESOLVED, on recommendation of the Public Works Committee, That Supplementary Agreement No. 5 with C&S Engineers for $68,306 to cover the additional inspection, sampling, laboratory work, and administration is hereby approved and that the County Administrator is authorized to execute the required documents, 220 ielfinr7 7'7719777-7r 77,9: July 2, 2002 RESOVLED, further, That the additional cost of the inspection work ($30,732) will be covered under the original Federal Aviation Administration and New York State Department of Transportation grants and the cost of sampling, testing and other administrative costs associated with these tasks which are not eligible under the Federal AIP grant program ($37,574) will be recovered through airline rates and charges. SEQR ACTION: TYPE II -20 RESOLUTION NO. 148 - BUDGETING UNIT RECONFIGURATION AND FISCAL TARGET ADJUSTMENT — CRIMINAL JUSTICE AGENCIES — MENTAL HEALTH AND HUMAN SERVICES COALITION MOVED by Ms. Kiefer, seconded by Mr. Penniman, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, the Criminal Justice agencies have been previously reviewed within the Department of Administration, and WHEREAS, the Criminal Justice component of Administration has been eliminated, and WHEREAS, the Human Services Coalition will include the Offender Aid and Restoration and Community Dispute Resolution Center agencies in their regular annual review process for not-for-profit agencies, and WHEREAS, the Mental Health Department will include Alcohol & Drug Council in their regular annual budget process, now therefore be it RESOLVED, on recommendation of the Public Safety, Health and Human Services, and Budget and Capital Committees, That effective with the 2003 budget, the following Budgeting Units will be re- assigned to the Mental Health Department and to the Basic Subsistence Program with a commensurate re- distribution of fiscal targets (subject to the 20 percent Target Reduction pursuant to Resolution No. 105 of June 4, 2002), as follows: FROM: Public Safety: Offender Aid & Restoration (OAR) — BU#6315 - $76,578 Offender Aid & Restoration (OAR) — Bail Fund — BU#6316 - $62,232 Community Dispute Resolution Center (CDRC) — BU#6313 - $46,166 Alcohol & Drug Council — BU#4502 - $31,086 TO: Health & Human Services: Basic Subsistence & Income Security — BU#6305 - $184,976 Mental Health Department - $31,086 SEQR ACTION: TYPE II -20 RESOLUTION NO. 149 - AUTHORIZATION FOR PUBLIC HEARING — TOMPKINS CORTLAND COMMUNITY COLLEGE OPERATING BUDGET — 2002-2003 MOVED by Ms. Kiefer, seconded by Mr. Penniman, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, Tompkins Cortland Community College is a joint enterprise of Tompkins County and Cortland County whose budgets must be acted on by each county, now therefore be it RESOLVED, on recommendation of the Budget and Capital Committee, That a public hearing be held on July 16, 2002 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 2002-2003 operating budget 221 July 2, 2002 request for Tompkins Cortland Community College. At such time and place all persons interested in the subject matter will be heard concerning the same, REOLVED, 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 Appointment(s) Approved Under the Consent Agenda MOVED by Ms. Kiefer, seconded by Mr. Penniman, and unanimously adopted by voice vote, to approve the following appointment(s) under the Consent Agenda: Lawrence P. Fabbroni — Water Resources Council — At -Large Representative — term to expire December 31, 2003 Report from the Health and Human Services Committee Mr. Winch, Chairman, had no report. Report and Presentation of Resolution(s) from the Information Technology Services Policy Committee Mr. Winch, Chairman, said at the last meeting Greg Potter, Director of ITS, reported he is spending 40 percent of his time working on health-related requirements because of the Health Insurance Portability and Accountability Act (HIPAA). He also stressed the amount of service the Information Technology Services Department provides to all other County departments. Mr. Penniman spoke of the subject of Medicaid cost overruns and said he would like the Board to get a better understanding on what is driving that increase. It was suggested that a joint meeting be held between the Health and Human Services Committee and the Budget and Capital Committee at the appropriate time. Mr. Winch said he would work with him to see that this happens as soon as possible. RESOLUTION NO. 150 - AMENDMENT TO THE 2002-2004 COUNTY INFRASTRUCTURE CAPITAL PROGRAM, INFORMATION TECHNOLOGY SERVICES DEPARTMENT MOVED by Mr. Winch, seconded by Ms. Kiefer, and unanimously adopted by voice vote. WHEREAS, the Director of Information Technology Services (ITS) has recommended an amendment to the 2002-2004 County Infrastructure Capital Program which alters the project narrative for the purpose of providing a more accurate project focus and the incorporation of an additional project task to replace and/or upgrade the County's current financial systems application, and WHEREAS, the amendment will not alter the total cost, annual appropriations, or the anticipated start and completion of the Capital Program, as approved in the 2002 budget, now therefore be it RESOLVED, on recommendation of the Information Technology Services Policy, and the Budget and Capital Committees, That the 2002 Capital Program be amended to reflect the project description and narrative change as submitted and reviewed on June 26, 2002. SEQR ACTION: TYPE II- 2 Report and Presentation of Resolution(s) from the Public Works Committee Ms. Blanchard, Chair, reported the Committee met on June 20. The Committee heard a presentation on the operation of the solar panels at the Tompkins County Public Library. She said it appeared most of the problem areas have been worked out and the system is functioning so that a full 222 July 2, 2002 year's worth of data should be received and can be compared with projections that were made. Ms. Blanchard said the Committee also heard a presentation from Taitem Engineering and representatives of the New York State Energy Research and Development Authority's Flex Tech program. This is the same consulting group that is working with the architect on the 911 building schematic design to offer suggestions for energy savings. The presentation had to do with County buildings and how they might be able to help under the provisions of a special NYSERDA grant. They noted the County is spending approximately $2.21 per sq. ft. for utility costs on County buildings, which is high. They felt the County could be doing better than that and the Committee felt the County should be participating in the Flex Tech program on a couple of different levels. The first would be to have those consultants identify some fast paybacks and low-cost options that could be implemented very quickly. They were also asked to develop a proposal that would take an in-depth look at a sample of County properties so that they could be in a position to recommend some more aggressive options for energy savings. Ms. Blanchard said the Committee also reviewed the Airport Capital project and heard a presentation from the Solid Waste Manager on programs being offered by the Solid Waste Division. Ms. Eckstrom reported to the Committee that recycling revenues are down by approximately $10,000 for the first quarter; however, a substantial increase in activity was observed in May. A special meeting will be held on July 3 to review capital projects. RESOLUTION NO. 151 - AUTHORIZING A PUBLIC HEARING ON PROPOSED LOCAL LAW NO. 4 OF 2002 — RULES AND REGULATIONS AND MINIMUM STANDARDS — ITHACA TOMPKINS REGIONAL AIRPORT MOVED by Ms. Blanchard, seconded by Mr. Todd, and unanimously adopted by voice vote. WHEREAS, the Board of Representatives last adopted rules and regulations for the Tompkins County Airport in 1986 by local law, and WHEREAS, minimum standards for the Airport have never officially been published, and WHEREAS, it is desirable to have only the most basic Airport rules and regulations adopted by local law and to provide the County Airport Manager authority to draft and set Minimum Standards and Comprehensive Rules and Regulations that the Board of Representatives act on by simple resolution, now therefore be it RESOLVED, on recommendation of the Public Works Committee, That a public hearing be held by the Board of Representatives on July 16, 2002 at 5:30 o'clock in the evening thereof at the Board Chambers of the Tompkins County Courthouse, 320 North Tioga Street, Ithaca, New York, concerning proposed Local Law No. 4 of 2002 - Rules and Regulations and Minimum Standards at the Ithaca Tompkins Regional Airport. At such time and place all persons interested in the subject matter will be heard concerning the same, RESOLVED, further, That the Clerk of the Board is hereby authorized and directed to place proper notice of said public hearing in the official newspapers of the County and to make available said proposed Rules and Regulations and Minimum Standards to all persons interested in same, at the Board offices during normal business hours. SEQR ACTION: TYPE II -20 Report from the Planning Committee Ms. Kiefer, Chair, reported the Committee met on June 20 and heard a report from the Environmental Management Council about a presentation they had received from Community Energy. She said Community Energy is a company that is partnering with New York State Electric and Gas to promote wind power in New York State. Ms. Kiefer said they were asking the EMC to help them by taking the lead in getting people to sign up for this and the EMC referred the request to the Energy Committee. She said there was also a question of whether MEGA (Municipal Electric and Gas Association) might invest some of its earnings in a wind project. 223 July 2, 2002 Ms. Kiefer said the EMC expressed concern over a report at an Ithaca Town Board meeting that the consultant the Town had hired to review Lakesource Cooling data had been unable to obtain the needed raw data from the monitoring. She said the EMC is taking no action, pending the Town of Ithaca following-up on this. The Committee also heard from Kate Hackett that the Water Resources Council is taking up the issue of jet skis on Cayuga Lake. They are now pursuing a dual approach to the question; one deals only with jet skis (noise, water, air pollution, near -shore habitat damage, and speed and safety issues), and the other track will be dealing more generally with two-stroke engine pollution. Ms. Kiefer reported the Committee received the Planning Department's recommendation about purchase of development rights and discussed the next steps to be taken. As a result of the discussion she wrote a letter to the Agriculture and Farmland Protection Board requesting they make use of the criteria in the consultant's report to develop their own guidelines to review applications for purchase of development right and make recommendations that they will be sending to New York State. The letter also indicated the Planning Department is available to facilitate PDR efforts that cross municipal boundaries and asked that that Board be part of a continuing discussion about what entities might hold easements and be responsible for monitoring. Although the Committee is not recommending a County PDR program at this time, this should be re-evaluated as part of the comprehensive plan review. Ms. Kiefer said at that meeting the Committee received an update on the Department's budget. There are two changes since the earlier report: tourism will not be returning to the planning Department but will stay in County Administration; this leaves a hole in the Department's budget, which will be partially filled by revenue from the Solid Waste Division for helping update the Solid Waste Management Plan. She said Committee members also agreed the budget for the Agriculture and Farmland Protection Board should remain a line item in the Planning Department. She reported that the Planning Department recently underwent a HUD audit - the first in more than ten years and results were very positive. Report and Presentation of Resolution(s) from the Government Operations Committee Mr. Koplinka-Loehr, Chairman, reported the Committee has not met since the last Board meeting. RESOLUTION NO. 152 - ADOPTION OF LOCAL LAW NO. 3 OF 2002 - ELECTING A RETIREMENT INCENTIVE PROGRAM AS AUTHORIZED BY CHAPTER 69, LAWS OF 2002, FOR THE ELIGIBLE EMPLOYEES OF THE COUNTY OF TOMPKINS MOVED by Mr. Koplinka-Loehr, seconded by Mr. Proto. Ms. Kiefer feels offering this every year removes its uniqueness as an incentive; therefore, she will not support it. A voice vote resulted as follows: Ayes - 14, Noes - 1 (Representative Kiefer). RESOLUTION ADOPTED. WHEREAS, New York State is again offering a retirement incentive plan, and WHEREAS, Tompkins County wishes to offer its incentive to its employees, and WHEREAS, a public hearing has been held before the Board of Representatives on July 2, 2002, to hear all persons interested in proposed Local Law No. 3 of 2002, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That Local Law No. 3 of 2002 - Electing a Retirement Incentive Program as Authorized by Chapter 69, Laws of 2002, 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 one (1) certified copy in the office of the Secretary of State, 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 savings equal to 50 percent of the base salary of the retiring employee over a two year period following the retirement, 224 July 2, 2002 said plan to be reviewed and recommended upon by the County Administrator and the department's program committee, and to be approved by the Board of Representatives, RESOLVED, further, That departments shall continue to be responsible to pay the added cost to the retirement system that results from an early retirement, in addition to the department's regular Fringe Pool obligation, RESOLVED, further, That departments shall be obligated to return to the general fund balance of the County (through a reduced fiscal target) an amount equal to the difference between the state -mandated savings (essentially the annual salary) and the amount of additional payment due the Retirement System. SEQR ACTION: Type 11-20 RESOLUTION NO. 153 - ESTABLISHING ANNUAL SALARY FOR THE POSITIONS OF COUNTY CLERK AND SHERIFF FOR THE YEARS 2003, 2004, 2005, AND 2006 MOVED by Mr. Koplinka-Loehr, seconded by Mr. Booth. Mr. Proto said he had intended to suggest that this resolution be postponed. However, after reading a memorandum from County Attorney Wood he does not feel it can be delayed. He expressed concern about the implications during these difficult budget times and said the Board should proceed cautiously when considering any salary increases. Mr. Winch said he is bothered that this resolution is being brought forward at a time when the County is in such a difficult budget situation. He spoke of the process the Board went through several years ago that was aimed at improving the employee retention rate. He said that worked well and the County now enjoys a good retention rate because it pays well and provides good benefits. He said at this point the Board needs to consider freezing all salaries. Mr. Penniman noted it is important to make a decision now so candidates will now the salaries. He hopes we can achi8eve some freeze such as zero percent for one year. Ms. Kiefer said she would support a one-year salary freeze, but also said seeing pay increases tied to the rate of inflation adds a good tool to our ways to set salaries, and ideally would be a rolling average of the inflation index. Mr. Koplinka-Loehr provided the Board and public with a history of this proposal. Mr. Lane noted this is not the original proposal that contained large increases for adjustments because of classification of positions. It was MOVED by Mr. Proto, seconded by Mr. Winch, to postpone this resolution to the second meeting in September. A voice vote resulted as follows: Ayes - 2 (Representatives Proto and Winch); Noes - 13. MOTION FAILED. A short roll call vote on the resolution resulted as follows: Ayes - 13, Noes - 2 (Representatives Proto and Winch). RESOLUTION ADOPTED. WHEREAS, State law requires this Board to establish salaries for the positions of County Clerk and Sheriff, and County Administrative Manual Policy 04-06 states that this action occur prior to the time when candidate petitions may lawfully be passed, and the County Attorney has advised that it is sufficient to establish such salaries prior to the start of the term of office, consistent with State Law, and WHEREAS, during 1999-2002 the County Clerk's salary was increased 2.9-3.0 percent each year and the Sheriff's salary increased 1.5 percent, resulting in 2002 salaries as follows: County Clerk - $52,998 Sheriff - $65,699 WHEREAS, it is the intention of this board to tie the salary increase for these two elective positions for the four-year term 2003-2006 to inflation using a standard based on the Federal Government's Consumer Price Index (CPI), plus an additional $500 each year that will be come part of the base pay of that year, and WHEREAS, the Federal Government's Consumer Price Index (Northeast Urban Area, including All Items) for 1999 was 2.1 percent, for 2000 was 3.4 percent and for 2001 was 2.8 percent, giving an average for the last three full years of 2.77 percent, now therefore be it , and 225 July 2, 2002 RESOLVED, on recommendation of the Government Operations Committee, That the salaries for the positions of County Clerk and Sheriff for the years 2003-2006 are hereby established as reflected in the chart below, based on inflation as represented by the average of three most recent full years Federal CPI, namely a 2.77 percent annual increase, plus an extra $500 to be added to the annual base salary, for each year. COUNTY CLERK SHERIFF 2002: $ 52,998 2002: $ 65,699 2003: $ 54,966 2003: $ 68,019 2004: $ 56,989 2004: $ 70,403 2005: $ 59,067 2005: $ 72,853 2006: $ 61,203 2006: $ 75,371 SEQR ACTION: TYPE 11-20 Report from the Economic and Workforce Development Committee Mr. Lane, Chairman, reported the Committee has not met. The next meeting will be July 11 at 2 p.m. Report from the Budget and Capital Committee Mr. Penniman, Chairman, reported the Committee met last week and the main item discussed was an overview of capital projects and the structure of payments for those projects. At the next meeting the Committee will be looking at projects in more detail, starting with the County space project. Mr. Penniman requested program committees to begin looking at programs that may be at risk based on what is known so far about the budget. He said it makes sense to continue looking at these programs and try to develop questions and determine what information is going to be needed during the decision-making process. Report from the Public Safety Committee Mrs. Schuler, Chair, reported the Committee met prior to this Board meeting and reviewed four Charter articles: Sheriff, District Attorney, Probation, and Emergency Response. The Committee also received an update on the CISNET program and approved the award of a contract for a cost much lower than was originally budgeted. Mrs. Schuler reported a bill has passed the Assembly that establishes a special fund and raises the Assigned Counsel rates to $75 for felonies and $60 for misdemeanors. She said Lee Shurtleff, Director of Emergency Services, brought information to the Committee about the mobile data radio system and upgrades and the interim solution until the new system is in place. She reported that on August 1 at 1:30 p.m. there would be a joint meeting of the Health and Human Services and Public Safety Committees to review ATI (Alternative to Incarceration) programs. She also noted that for the last five weeks the Jail population has been in the 65 to 70 range. Report from the Charter Review Committee Mr. Lane, Chairman, reported the Committee had to cancel the last meeting due to lack of a quorum. The next meeting will be July 10. Report from the Communications Capital Proiects Committee Ms. Blanchard, Chair, reported the Committee met on June 25 and there was discussion about the status of the paging system. Joseph Lalley continues to work with the County on the system and they hope to have a draft resolution soon that would authorize United Radio to undertake the design and development phase of the paging system. Ms. Blanchard briefly reported on her trip to the Onondaga 226 July 2, 2002 County 911 Center and said they spent time discussing the status of the request for proposals for the communications upgrade. Ms. Blanchard reported on her recent trip to Albany to attend a Statewide wireless network meeting. At that meeting it was reported funding for the Statewide wireless network has been secured in the budget and it has support at the highest levels. She spoke of the previous meetings and said they were usually attended by line officers, while this meeting was attended by more elected officials and policy- making people. She said they interpreted this as an important change in the decision-making capability of the group. At the meeting the State's RFP was discussed and later in the afternoon there was a pre-bid conference which was very well attended. She noted the performance specifications in their RFP very much mirror Tompkins County's RFP which was not the case six months ago. Ms. Blanchard said there was also discussion about their procurement process that included "strategic partnerships", which is something Tompkins County has been trying to do. She said throughout the day there was constant reaffirmation that Tompkins County is doing the correct kind of approach to the communications system. Mr. Whicher noted Tompkins County offered Tompkins County's paging project design to the SWN Directors as a useful model and they seemed interested. Report from the Fiscal Management Committee Mr. Joseph, Chairman, reported the Committee met to consider two requests to fill positions of which both were granted. The first was for a worker at the Airport that is funded by Airport revenues. The other position was an HVAC position in Facilities, and it was demonstrated that it would cost the County more in the long run not to fill the position. Report from the Public Safety Building Space Planning Committee Mr. Joseph, Chairman, reported an RFP was issued to get design proposals and is due back by July 26. Report from the Space Planning Committee Mr. Joseph, Chairman, reported the Committee is looking at different options, including demolishing the Old Library and building a new building. Mr. Joseph said one problem the Committee is having is that options seem to be multiplying at a rate faster than they can review them. Approval of Minutes of June 17 and 18, 2002 It was MOVED by Ms. Blanchard, seconded by Mr. Proto, and unanimously adopted by voice vote, to approve the minutes of June 17 and 18, 2002 as submitted. MINUTES APPROVED. Unfinished Business Mr. Proto requested County Attorney Wood to provide an opinion on the legality of Board standing committees acting by consensus rather than vote. Adjournment On motion the meeting adjourned at 7:48 p.m. 227 July 16, 2002 Regular Meeting Public Hearing - Tompkins Cortland Community College Operating Budget - 2002-2003 Chair Joseph called the public hearing to order at 5:30 p.m. concerning the Tompkins Cortland Community College Operating Budget 2002-2003, and asked if anyone wished to speak. No one wished to speak and the public hearing was closed at 5:31 p.m. Public Hearing - Proposed Local Law No. 4 of 2002 - Rules and Regulations and Minimum Standards - Ithaca Tompkins Regional Airport Chair Joseph called the second public hearing to order at 5:31 p.m. concerning proposed Local Law No. 4 of 2002 - Rules and Regulations and Minimum Standards - Ithaca Tompkins Regional Airport, and asked if anyone wished to speak. No one wished to speak and the public hearing was closed 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: 2 (Representatives McBean and Schuler). Privilege of the Floor by the Public Lynn Jackier, Executive Director of the Drop -In Children's Center, spoke in support of the resolution on the agenda entitled Support to Apply for Grant from Child Care Facilities Program (CCFDP) for Expansion of Drop -In Children's Center. Ms. Jackier stated there are plans to expand the facility to serve 28 more children. She said she will be mailing a grant application tomorrow that she hopes will bring over $500,000 into the community to help with that expansion. Kathy Russell, Town of Dryden, spoke in opposition to any expansion of the Tompkins County Jail. She said she believes that expanding the Jail would send the wrong message and does not think it is cost effective to the County. She believes it will cost more to build on to the existing facility than to board prisoners out to other counties. Ms. Russell said she feels the County needs to spend money on preventive programs and bail programs for non-violent offenders. She said she understands there are problems with the County's budget and would rather see money spent on nurses, rather than increasing the size of the Jail. Fay Gougakis, City of Ithaca, spoke concerning something she had heard on the radio yesterday. She said it was stated by Mack Travis that the Tompkins County Museum was not being allowed to move to the Old Public Library site on Cayuga Street. She questioned why the Board is not allowing the Museum to relocate to that property. Ms. Gougakis said that location would make an ideal site for the Museum and urged the Board to reconsider it. Mike Raffe, Town of Dryden Resident, read and submitted the following statement: "I am here this evening to speak to you about an event that happened this past weekend. The American Cancer Society's Relay for Life. I was and still am the Co -Chair for the logistics committee for that event and my comments evolve out of that role. "As many of you know, Friday night and Saturday over 1,400 people participated in the Relay for Life at the Ithaca High School Track and to date $158,000 was raised. It was the fifth year of the event and each year the number of participants, the number of teams, and the amount raised has grown. But something else has grown, the desire and willingness of individuals, businesses, organizations, and 228 July 16, 2002 government to participate. Team representation crossed the whole fabric of our community. We had teams from religious and fraternal organizations, from workplaces, from schools, groups of friends, and friends of survivors. All elements of Tompkins County were represented and that makes me smile. "After each years' event the organizing committee does an after -action review to examine what went right and what we need to improve or add. After last year's relay, we felt we needed to expand the age diversity for the event. This year the event had numerous youth and teen teams and activities. And the opportunities and experiences that these young people had are invaluable. Let me share one with you. A 7th grader on one of the youth teams approached, she was told she had to make a presentation to a group of Kmart store managers. She prepared the materials and went in front of the group of Kmart managers. After hearing her speak they granted her request for support. "Throughout our County individuals approached friends, co-workers, neighbors, employers, customers, and businesses to get pledges, support, and other goods and services all to benefit the Relay for Life. Various teams have been running fundraising events since early March like AES Cayuga's weekly Lunch Day events that helped raise the awareness of and interest in the relay. "Of importance to you, members of the County Board, are two other items. First the support of County staff, agencies, and departments contributed in the planning, organization, and running the event. Assistance came from the Sheriffs Department, the . Probation Department, Office of Emergency Preparedness, to name a few. County employees gathered pledges and were walking or running on the track during the event. The other is what I call the multiplier effect. It is the value of donated time, goods, and services that is not reported. If we examine that, we can see that the relay generates about $250,000 or more. That works out to about $2.60 per person in Tompkins County. This is an incredible amount and should make us all proud. Thank you for your time." Richard John, Attorney for Ernest Bury, spoke concerning the Shelter Valley Water Works. He provided the Board with the following statement: "I'm very concerned that there have been a series of the Ithaca Journal stories, and I'm sure that some of the County Board members have read those stories concerning the Shelter Valley Water system. Some of the statements made in those stories are flat-out inaccurate, others have been misleading, and certainly the overall tone of those stories has been inflammatory and frightening I think to read. There is another side to the story which really hasn't been told. I don't know if anybody read the Letter to the Editor that I wrote on behalf of Mr. Bury that was in the paper last Saturday. Only part of that letter was actually published. The Ithaca Journal took out paragraphs and I believe the full letter has been delivered to the Board if you cared to read it. "At any rate, if you read those stories there are certainly concerns about water quality and if you read carefully that should be the focus. The water is tested on a regular basis. The water has passed those tests. The water is not failing water quality tests. And, frankly, based on those tests the water should be safe to drink. With that said, the letter I wrote, the Journal chose to put the headline that I said the system was "A -OK". I wasn't saying that; there are problems with this system. It is certainly underfunded. The Public Service Commission has not approved a rate that is sufficient to run a proper water system, and there are several people in that system that refuse to pay. And it is very difficult to collect the small amounts of money that are allowed to be collected. And so this system has struggled for long period of time. It could certainly be run better and perform better if there was more money to do so. "Mr. Bury has tried very hard to do that and he has run the system with water that is passing tests for many, many years. He is certainly willing to work with the County, the Town of Newfield, the residents, and with any organization that wishes to assume responsibility as an operator that thinks they can do a better job, or cooperatively to seek a resolution or solution of any kind to make this system work. 229 July 16, 2002 "What I am concerned about is there seems to be a rush by the Ithaca Journal to issue more fines residents of this neighborhood get the best possible water system they can". Peter Meskill, Tompkins County Sheriff, said the Request for Proposals for a new and improved public safety communications system has been released. He said he is hopeful that the County will work diligently to approve a system for the individuals who work in the public safety field in Tompkins County. Mr. Meskill said less than two weeks ago a Broome County Sheriffs Deputy was brutally murdered while on duty between 3 a.m. and 5 a.m. He asked for a moment of silence in memory of Deputy Kevin Tarsia, who gave his life while protecting his community. Privilege of the Floor by Board Members Mr. Winch, District No. 8 Representative, said Chair Joseph asked him to give a summary of what he has done in regard to the Shelter Valley Water Works over the last few years. He made the following statement: "I've been aware of the problem the whole time I have been on the Board, which is approximately 17 years. Because I am the Representative, I get copies of notices sent to Mr. Bury concerning infractions or memorandums, resolutions, or fines. Sometime during the summer of 1997 I decided that I wished to get involved and see whether or not I could facilitate a change in the Shelter Valley Water Works. "I met with John Andersson, I reviewed the file. And believe me, it is a long and extensive file. In late November of 1997 I spoke with then Supervisor, Don Brown, because I knew the Town could be part of the solution. I spoke with him about seeing if he and I could work together with the people at Shelter Valley. I had actually been aware and actually was part of a group that was trying to see that prior to 1997, an extension to the Newfield Water District that was going to go down in that neighborhood but that one failed. And so I had met with the residents and Don and I had met with the residents and we met on two to three occasions. We tried to explain what was happening and what was not happening. Those meetings and discussions were during the period of 1998 and 1999. "I kept hearing about the Public Service Commission and I got a call from Marty Luster's office. I went there and sat down with Mr. Luster and Susan Pratt. They told me about their involvement with requests from Mr. Bury to the Public Service Commission, and they wished me well in trying to get this water system back on line and in a manner which there were not continual infractions. I have not, quite frankly, spoken with Susan Pratt from that time. I believe the last conversation I had with her about water works was less than a year ago. I spoke with Jack Agansky at the Public Service Commission at that time and I have had several conversations since that time. The Public Service Commission quite frankly, led us along for two plus years, trying to see if there was a way in which we could get someone else to run the system and have Mr. Bury no longer the operator. As I said, they led us along for approximately two years and then all of the sudden they dropped the situation and that caused great frustration. About that time I had spoken with Stuart Stein who had been aware of the problem. I sought his guidance and quite frankly, he understood my frustration and he was helpful. "Prior to this time, for close to ten years, there were two issues that I was very much interested in and I tried to become a member of the Board of Health to work on the two issues of which one of them was the Shelter Valley Water Works. I finally was able to put myself, quite frankly, because I couldn't get on any other way, on to the Board of Health; I appointed myself as the Chair of the Health and Human Services Committee. I have been to several Board of Health meetings, from the time I started to work with Don Brown. I came to listen, came to speak, and watched the action that was happening at the Board of Health. As I understand the rules and regulations of the Board of Health that this is an area that they should and are taking care of. "In the next three items I am going to address items in Rich John's letter to the Editor in which lie suggested that Mr. Winch work with the residents to take over the water system themselves. I think that 230 July 16, 2002 is an excellent suggestion and I did that about two or three years ago but they were not interested. In order for that to happen there would have to be close to 100 percent of the people willing to do that and they were not willing to take it over. The next item was to assist the Town of Newfield to increase the Water District. I sit on the Water Committee. I have been working with them, I have met with them, with John Andersson, with people from New York Rural Water, and they are well on their way to try to create Water District No. 2 which will go down into that area. Also, the takeover of the Shelter Valley water system by the Town of Newfield, I've been involved in that. Quite frankly, I was disappointed that their attorney advised them against taking over the Shelter Valley Water Works, because why should the Town take over that particular liability. And so although I thought that would be a good interim thing to happen, while we are waiting for Water District No. 2 to be finalized, it did not happen. "I spent a considerable amount of time on the phone talking to John Andersson talking about this particular item, seeking his guidance and I want to publicly state that I think John Andersson is doing an excellent job. He has a very tough problem here and I'll answer some of the things that may pop into your mind as to why things can't happen shortly. I will say up -front that I think the Board of Health has been too sympathetic with Mr. Bury. Mr. Bury states that I am against him. Quite frankly I am not against him, I'm against the practices and the history of the Shelter Valley Water Works. "What could be done now, like right now, that would solve the problem? Two dozen families could be displaced. People that own the home, the water system could be determined no longer possible for public use if there were continued infractions, and these two dozen families would have to fmd a place to live. I don't think that is a good solution at all and I don't think it is possible. I certainly would not want to be part of moving families out. The other is, I've mentioned before, the Town could take over and manage the system but there has been no interest and the local residents don't wish to take over the water system. I mentioned displacing two dozen families; let's look at a parallel to that. And the parallel would be if there were to be a restaurant that has repeated infractions, it is very easy to shut the restaurant down because lord only knows how many restaurants there are in Tompkins County so somebody could fmd a restaurant if they needed it. A public swimming pool. You could shut that down from environmental health infractions and there is other places to go and swim. But, you cannot, at least I don't think it is advisable, to ask two dozen families to move elsewhere when they are making payments on a home and have invested in it. They deserve to have quality water. "So it appears the solution is what is happening right now. Unfortunately, it takes a long amount of time; and that is the creation of Water District No. 2 in Newfield. Now Water District No. 2 is an extension that will go from approximately where Landstrom's Gravel Pit is on Route 13 on Millard Hill Road, will go down Decker Road, down past the little Convenience Store and will head out from Meadowbrook Mobile Home Park past Shelter Valley and will terminate at Jim Ray's Mobile Home Park. Jim Ray has a private water supply and he maintains it. But, he is willing to hook -on because it will give a considerably large number of taps and makes it an economically feasible system. The Water District No. 2, they have dug two wells and one of them is good, supplying a little bit more than half the water that is needed. A second well has been determined as not usable. It is my understanding in talking with the Town Board that another well is going to be drilled next week. If they get water, a sufficient amount of clean water next week, it still will be two years from the time it takes to complete the package and they have already got some kind of agreement on State funding for Water District No. 2. But it will take a couple of years before you can turn on a tap anywhere along that water district and get water. That's a frustrating amount of time for these people, especially the people who have been dealing with this for decades. "So, that is a capsule summary of what I have been doing. Along the way I have consulted with Henry Theisen, Jonathan Wood, and now Bruce Wilson is the attorney for the Board of Health. I haven't really had any chats with him but I certainly know that he is there. I would suggest that members of the Board, if they wish, read the rules and regulations of what the Board of Health is supposed to do. Take time to review minutes over the last two to three years of the Board of Health meetings. And also review the file of the Shelter Valley Water Works. 231 July 16, 2002 "In closing, who has failed? I have failed, I thought that I could facilitate this situation. I knew the history, I knew the problem, and I thought that I could work to facilitate. I am trying, I have, and I will continue to try and I, quite frankly, cannot wait for the Water District No. 2 to be completed. I think the Board of Health has failed. I think the Public Service Commission has failed. I remind you that Marty Luster's Office was working with the Public Service Commission and his office has consulted with me from time to time. I'll also say that there are two successful public water systems that are currently being run in that neighborhood and they are well-managed and there are a minimum amount of complaints from those people." John Andersson, Director of Environmental Health, provided the Board with an overview of the County's public water supply program. He said the County's program is a regulatory and an educational program for all of the water systems in the County. The rules they work with are based on federal laws. He said the purpose of the program is to make sure that all 186 systems know about the complex State regulations and make sure that operators know what they are required to do. He stressed the County's program is a highly detailed prevention program and there are no provisions in the rules to shut down a residential water system, though we can close a restaurant. However, if something is persistent and there are long-term violations, after a hearing is held the Health Department can ask the Board of Health to revoke a permit. Mr. Andersson said there is no permit issued to run a water system. The enforcement they can take is through actions, hearings, public health directors, and Board of Health orders. Last y ear they issued 33 boil water notices. In answer to questions from Mr. Booth he said the last boil -water notice for Shelter Valley was issued in January, 200 and lasted until November, 2001. During that time the residents bought bottled water. Mr. Andersson said several hearings have been held in regard to the Shelter Valley system during the last 25 years, and each time they have resulted in improvements towards bringing the system up to standards. Due to lack of maintenance, the system deteriorates until the Department takes action again. The last hearing was held in 1988 and those hearings resulted in significant improvements to the water system and at the present time the system has one violation. The current violation in the system is that it lacks an operator who is certified to run the system. Mr. Andersson said the long-term solution they are seeking, as stated by Mr. Winch, is to eliminate the water system and provide a much better system that is run by a Town which has the resources to do so. Ms. Robertson asked Mr. Andersson to explain the history of the operator's certification. Mr. Andersson said the operator had been certified for several years, but let his certification lapse and didn't take steps to stay certified. He said the operator recently passed a certification test and has an application on file at the Health Department. Once the individual passes a laboratory proficiency exam, which is currently in the process, the Health Department will have to make a decision on recommending his certification for approval by the State Health Department. The Health Department will consider his past operations in making a recommendation. Mr. Proto said he has been a member of the Board of Health for several years. He said this particular file is very large and encouraged members to review it in its entirety. Mr. Proto said the Board of Health has made several attempts, either by waiving or reducing fines so the owner could apply those funds to improvements. Mr. Proto said the individuals who live m this development are required to pay a water fee, and it has gone uncollected for a number of years for a number of reasons. He said the Board of Health has heard the argument for several years that had those fees been paid there would have been sufficient funds to make the necessary improvements to the system. Mr. Proto said the County's charge is to provide safe drinking water to individuals and he feels the Board of Health has tried to do that. Mr. Proto echoed Mr. Raffe's comments under privilege of the floor in regard to the American Cancer Society's Relay for Life. He said it was very well done and he hopes the community will come out next year and support it again. 232 July 16, 2002 Mr. Proto also spoke in his capacity as Chairman of the Tompkins Consolidated Area Transit Board and announced a presentation will be given on the 2003 TCAT budget on August 1 at 4 p.m. in the Beverly Livesay Conference Room. He said a notice confirming this will be distributed to all Board members before the end of the week. Mr. Booth, District No. 3 Representative, asked Mr. Joseph to respond to the comments made by Ms. Gougakis under privilege of the floor. Mr. Joseph said Ms. Gougakis indicated that the County had already decided not to move the DeWitt Historical Society to the old Public Library building. He said no decision has been made as of this date, although the Committee has seen more and more problems with that and the likelihood of that is declining. Mr. Joseph agreed that there are good reasons to have the DeWitt Historical Society in that location; however, it appears to be far more expensive than they had thought it would be. He noted a final decision on this has not yet been made. Mr. Lane, District No. 13 Representative, stated the State Legislature has put counties in a very difficult situation once again. He said they have failed to pass a change in the Penal Law defining the alcohol level of driving while intoxicated at a level of .08. He said a while back Congress passed a law, making a determination that if New York wanted to have transportation funds, it would have to drop the level of blood alcohol content to define DWI to that level. Mr. Lane said there have been competing bills in the State Assembly and in the State Senate. The Assembly bill simply changed it from the current level to the level of .08. The Senate bill contained portions that were not acceptable to the other house. Mr. Lane said because of this the State of New York has lost over $20 million in federal funding, which it will not get back because it failed to meet the deadline of changing the law. Mr. Lane called this disgraceful and said it hurts the people of New York State. He urged everyone to write to their New York State legislators to tell them this is unacceptable. Ms. Herrera, District No. 5 Representative, spoke in regard to an attack that occurred at Pete's convenience store last week. She said that she was out of town when the attack occurred, and that many details are not yet available; however, three white people were involved in beating a black woman. Ms. Herrera said she is one of two members of this legislative body who is a person of color. She stated she spoke with Leslyn McBean, District No. 2 Representative, who could not be in attendance this evening, and they both condemn biased -related attacks and hate crimes. Ms. Herrera stated that she and Ms. McBean, along with other members of the Board, seek to ensure that Tompkins County becomes the place most people wish it was -- a place that is free from racism, hate crimes, and bias. Ms. Herrera said she is angered and ashamed that this type of attack took place in Tompkins County, and wants to work to eliminate the hostile climate that allows events like this to happen. Mr. Joseph also spoke of the recent attack and said he, too, was out of town when it occurred. While he was out of town he was watching the news and saw a black man in California be arrested and picked up by the police and slammed into a car and punched. He said he shared the outrage that many people across the country felt when they saw that happen. He said he then came home to find this incident had happened in this community. Mr. Joseph said he attended a meeting that was organized by Leslyn McBean and Diann Sams at the Southside Center to talk about this issue. He said there was a great deal of anger and frustration expressed at that meeting at the inability to bring a halt to these kinds of incidents. Mr. Joseph said when a member of this community is violently and physically attacked because of the color of her skin, that is cause to be outraged, angry, and to demand that something be done. He said he has spoken to the District Attorney and has been assured that he is taking this to the Grand Jury and asking for an indictment under the State Hate Crimes Legislation, which increases the level of the charges. Mr. Joseph said he doesn't believe there is any one single thing that can be done to easily and quickly change the atmosphere that allows these incidents to happen. He said the things that are necessary to make that change are many things that happen over a period of time and include community leaders speaking out that this is not acceptable and will not be accepted in the community. Mr. Joseph expressed his appreciation to Leslyn McBean and Diann Sams for calling the meeting and taking leadership as public officials in organizing a forum in which people could express their feelings. 233 July 16, 2002 Ms. Kiefer, District No. 10 Representative, announced an open public meeting being sponsored by the Women's International League for Peace and Freedom will be held at 7 p.m. tomorrow at the Women's Community Building. A member of that organization from San Diego will be in town talking about corporations as persons and what that has done to society. Report from a Municipal Official No municipal official was present. Tompkins Cortland Community College RESOLUTION NO. 154 - MODIFICATION OF THE 2001-2002 OPERATING BUDGET — TOMPKINS CORTLAND COMMUNITY COLLEGE MOVED by Mr. Penniman, seconded by Mr. Booth, and unanimously adopted by voice vote by members present. WHEREAS, a proposed operating budget for Tompkins Cortland Community College for the fiscal year September 1, 2001 through August 31, 2002, was approved by the Board of Representatives of the County of Tompkins pursuant to County Law and Section 6306 of the Education Law on July 17, 2001 (Resolution No. 157), and WHEREAS, revenues will exceed the original budget due to an increase in enrollment, and there is a need to utilize such funds for operating purposes, and WHEREAS, the total revenue and expenditures will be increased by $406,923 to a modified level of $18,831,323, and WHEREAS, the local sponsor share will not be affected by the modification, now therefore be it RESOLVED, on recommendation of the Budget and Capital Committee, That said proposed Modified 2001-2002 Operating Budget in the amount of $18,831,323 of which the sponsoring community contribution remains in the amount of $3,431,250 be and the same hereby is approved, RESOLVED, further, That this resolution shall become effective upon the adoption of a concurrent resolution by the Cortland County Legislature. SEQR ACTION: TYPE II -20 RESOLUTION NO. 155 - ADOPTION OF 2002-2003 OPERATING BUDGET — TOMPKINS CORTLAND COMMUNITY COLLEGE MOVED by Mr. Penniman, seconded by Mr. Booth, and unanimously adopted by voice vote by members present. WHEREAS, a proposed operating budget for Tompkins Cortland Community College for the fiscal year September 1, 2002, through August 31, 2003, has been presented to the Board of Representatives of the County of Tompkins pursuant to County Law and Section 6306 of the Education Law, and WHEREAS, the Board of Representatives has conducted a public hearing on said proposed budget on the 16th day of July 2002, now therefore be it RESOLVED, on recommendation of the Budget and Capital Committee, That said proposed 2002-2003 operating budget in the amount of $20,512,600 of which the sponsoring community contribution (from Tompkins and Cortland Counties) is in the amount of $3,431,250 be and the same hereby is approved, RESOLVED, further, That the Board of Representatives of Tompkins County includes in the 2003 Tompkins County Budget a portion to be determined pursuant to the approved plan for said College in effect as of September 1, 2002, and that the amount when determined be raised by taxation in the County of Tompkins in the fiscal year 2003, 234 July 16, 2002 RESOLVED, further, That this resolution shall become effective upon the adoption of a concurrent resolution by the Cortland County Legislature. SEQR ACTION: TYPE 11-20 Presentation - Tompkins County Public Safety Communications Center Mr. Whicher, County Administrator, provided the Board and public with the following presentation on the Tompkins County Public Safety Communications Center: • Overview • Introduction and History • Site and Location • Schematic Design Description • Exterior Materials • Interior Materials • Estimated Construction Cost • Addendums Introduction and History • History > Countywide Dispatching Center was established in Fire Central during 1972 for Fire and Emergency Medical Services. Enhanced 911 Services were implemented in 1997. > Sheriff's Department's dispatch was added in 2001 creating an integrated dispatch center. • The current site in Fire Central is inadequate for a consolidated dispatch center. • Expansion is necessary to provide room for staff, better oversight, equipment expansion, and higher call -handling capacity. > City of Ithaca Police Dispatch • Ithaca Police Department will double the number of police calls. • History > A New Facility • Consolidate Public Safety Communication Functions • Provide a Site for an Emergency Operations Center • Increase Efficiency • Site Selection > South Hill Fire Station #5 • Cost for construction exceeded budget > Airport • East of Brown Road, west of T -Hangers and south of the Crash/Fire/Rescue (CFR) Building • Site can be developed within budget • Multiple paths for Microwave System Site and Location Site Restrictions > Wetlands • The County delineated the existing drainage ditch and a wooded wetland adjacent to the parcel as a wetland area > Site will require compacted granular fill • The grading will provide drainage away from the building > The rate of water run-off is of particular importance to the Village of Lansing 235 July 16, 2002 Exterior Materials • Masonry veneer finish • Aluminum windows and doors • Porch • Roofing > 20 -year asphalt shingle roof system Interior Materials • Partitions > Wood studs with painted gypsum board • Ceilings > Suspended acoustic • Floor Finishes > Vinyl cement tile, some carpets, service areas; sealed exposed concrete Estimated Construction Cost • The estimates are based on anticipated construction costs if the project were bid now Site General Construction $170,604 Sanitary 30,400 Water 16,000 Gas 14,500 Building (based on 14,600 sq. feet) General Construction $816,246 Plumbing 192,800 Electrical 502,700 HVAC 284,141 Total $1,795,887 Dispatch Area Console Allowance $ 36,000 Estimated Total Construction Cost 2,063,391 15% Contingency Allowance 309,509 Total $2,372,900 Energy Efficiency • The building will be reviewed to maximize energy conservation > Documentation Prepared by Taitem Engineering and Performance Systems Development, Inc. • "Proposed 911 Center for Tompkins County Energy Recommendations" Associated Tower Locations Currently three proposed sites are under consideration > Small site adjacent to 911 Center linking to Mt. Pleasant > 125 ft. tower located on Brown Road close to 911 Center (two sites under consideration) ➢ Taller structure located at corner of Snyder and Etna Roads 236 July 16, 2002 Ms. Blanchard said at the second appearance before the Village of Lansing's Planning Board, they granted the County site plan approval contingent upon drainage issues being resolved. Mr. Whicher said there has been a tremendous amount of cooperation given by the Village of Lansing. Mr. Whicher said the goal of the project is to make sure that the County does not build any more towers than are absolutely necessary. He said they want to make sure that if a tower is built for the paging project that it also will work for the communications project and vice versa. He said the paging project broadcasts at a lower frequency and much broader range and therefore, is much more flexible than the communications project. Chair's Report Mr. Joseph announced that Joseph Lalley, a former Board member, has resigned from the Municipal Electric and Gas Alliance; therefore, a new member will need to be appointed soon. Chairman's Appointment(s) Mr. Joseph made the following appointment(s): Tompkins County Workforce Development Board One Year Terms Expiring June 30, 2003 Barbara Blanchard Mary Pat Dolan Dammi Herath John Little Dennis Mastro Jean McPheeters Michael Stamm Nancy Zahler Two Year Terms Expiring June 30, 2004 Richard Bohman Lee Dillon Robert Fortier Joyce Maglione Todd Mallinson Douglas McDonald Timothy O'Neill Irene Stein Three Year Terms Expiring June 30, 2005 Leslie Leonard David Marsh Scott Pronti Jeffrey Wesche Connie Sowards Alan Pedersen Report from the County Administrator Mr. Whicher said they are working on assembling budget proposals, and said the County's budget may have larger problems than were already anticipated. Report from the County Attorney 237 July 16, 2002 Mr. Wilson, Assistant County Attorney, had no report. Mr. Koplinka-Loehr asked the County Attorney's Office to perform research on the City and State's bias -crimes laws and see what local options are available to strengthen those laws on the local level. Mr. Wilson said criminal penal laws are normally handled on the State level; however, he would look into this for Representative Koplinka-Loehr. Report from the Finance Director Mr. Squires reported the County received an offer for the Pinnacles property in the Town of Caroline from Cornell University. The Government Operations Committee will be discussing this offer at the next meeting. Mr. Squires reported a "tag sale" was held at the Old Public Library building on July 13th for the purpose of dealing with discarded items that have been accumulating. He said most of the furnishings were sold at that sale and although the County only gained approximately $5,000 from that sale there are additional savings in the cleanup effort. Mr. Squires also reported on sales tax revenues and said the gross distributions of sales tax for the County at mid -year were $16.9 million as compared to $14.9 million last year. Resolution(s) Added to the Agenda There were no resolution(s) added to the agenda. Resolution(s) Withdrawn from the Agenda There were no resolution(s) withdrawn from the agenda. Approval of Resolution(s) Under the Consent Agenda It was MOVED by Mr. Koplinka-Loehr, seconded by Ms. Robertson, and unanimously adopted by voice vote by members present, to approve the following resolution(s) under the Consent Agenda: RESOLUTION NO. 156 - BUDGET ADJUSTMENTS — VARIOUS DEPARTMENTS MOVED by Mr. Koplinka-Loehr, seconded by Ms. Robertson, and unanimously adopted by voice vote by members present, under the Consent Agenda. RESOLVED, on recommendation of the Health and Human Services Committee, That the Director of Finance be directed to make the following budget adjustments on his books: HEALTH AND HUMAN SERVICES COMMITTEE Community Health Services (#46) Revenue Acct Title Amt Approp Acct Title(s) 4016 43489 Other Health Income $ 8,000 4016 54442 Professional Service Fee Explanation: Renewal of Diabetes Screening Grant, April 1, 2002 Mental Health (#48) Revenue Acct Title Amt Approp Acct Title(s) 4310 43499 4310 43499 4310 43499 4310 43499 4310 43499 4310 43499 OMH Contract Rev OMH Contract Rev OMH Contract Rev OMH Contract Rev OMH Contract Rev OMH Contract Rev $32,531 4310 51000 $ 2,000 4310 54402 $10,000 4310 52210 $14,494 4310 52214 $ 4,976 4336 54400 $13,774 4322 54400 238 Salary Legal Advertising Office Equipment Office Furnishings Program Expense Program Expense July 16, 2002 Explanation: Funding grant for Coordinator/Dual Recovery Services — six months; Advertising for Coordinator/Dual Recovery Services; Office Equipment for Coordinator/Dual Recovery Services; Office Furnishings for Coordinator/Dual Recovery Services; Catholic Charities Reinvestment Money; Franziska Racker Centers — Reinvestment Money. SEQR ACTION: TYPE II -20 RESOLUTION NO. 157 - AWARD OF CONTRACT — PURCHASE AND INSTALLATION OF HOME HEALTH CARE SOFTWARE MOVED by Mr. Koplinka-Loehr, seconded by Ms. Robertson, and unanimously adopted by voice vote by members present, under the Consent Agenda. WHEREAS, the Tompkins County Health Department has solicited for proposals in accordance with established Tompkins County and New York State purchasing procedures, and WHEREAS, in August of 1996, Congress enacted the Health Insurance Portability and Accountability Act (HIPAA), one intent of which is to enforce electronic security and confidential standards for the transmission of all patient health information, this software award will meet the required standards, and WHEREAS, five (5) proposals were received, reviewed, and evaluated based on criteria documented in Section 4.4 of the Request for Proposals, Clinical Billing Software, dated April 24, 2002, and WHEREAS, the Tompkins County Health Department and Information Technology Services Department recommended the project be awarded to BeyondNow Technologies, now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, That the department be authorized to execute a contract for the project with BeyondNow Technologies of Overland Park, Kansas, with a project cost not to exceed $411,065 for the customizing, purchase, installation of various software and hardware components and training, and any additional services deemed necessary to complete the project, RESOLVED, further, That funding for this contract is provided in Health Billing Software, capital budget account 4001, project 40-01. SEQR ACTION: TYPE II -20 RESOLUTION NO. 158 - AUTHORIZATION TO EXECUTE CONTRACT — MENTAL HEALTH AND CATHOLIC CHARITIES OF TOMPKINS COUNTY MOVED by Mr. Koplinka-Loehr, seconded by Ms. Robertson, and unanimously adopted by voice vote by members present, under the Consent Agenda. WHEREAS, the Mental Health Services Board desires to fund Catholic Charities of Tompkins County for a program of Single Point of Access for Children's Services, and WHEREAS, this ongoing program will be one hundred percent (100%) funded with New York State Office of Mental Health Reinvestment money in the amount of $4,976, now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, That the County Administrator be and is hereby authorized to execute a contract with Catholic Charities of Tompkins County to perform the above-mentioned service. SEQR ACTION: TYPE 11-20 RESOLUTION NO. 159 - AUTHORIZATION TO ACCEPT WEST NILE VIRUS SURVEILLANCE AND EDUCATION GRANT — HEALTH DEPARTMENT 239 July 16, 2002 MOVED by Mr. Koplinka-Loehr, seconded by Ms. Robertson, and unanimously adopted by voice vote by members present, under the Consent Agenda. WHEREAS, Health Research, Inc., has been awarded a grant from the Centers for Disease Control (CDC) Federal CFD #93.283, to support West Nile Virus surveillance activities as well as education activities, and WHEREAS, Health Research, Inc., has awarded Tompkins County Health Department $5,000 for the period of April 1, 2002 through December 31, 2002, now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, That the Health Department is authorized to accept said grant funds, RESOLVED, further, That the Director of Finance is authorized to make the following budget adjustment on his books: REVENUE: A4090.44959 APPROPRIATION: A4090.52206 .52222 .54303 .54330 .54333 .54452 SEQR ACTION: TYPE II -20 Federal Grants Computer Equipment Communications Equipment Office Supplies Printing Education and Promotion Postage $5,000 $1,500 $ 500 $ 100 $ 200 $2,200 $ 500 ESOLUTION NO. 160 - ACCEPTANCE OF CHALLENGE YOUTH GRANT AND BUDGET ADJUSTMENT - TOMPKINS COUNTY WORKFORCE DEVELOPMENT MOVED by Mr. Koplinka-Loehr, seconded by Ms. Robertson, and unanimously adopted by voice vote by members present, under the Consent Agenda. WHEREAS, the Tompkins County Workforce Development Board was recently awarded a $25,960 grant from New York State Department of Labor Workforce Investment Act (WIA) funds, and WHEREAS, the grant will be used to develop the Tompkins FYI (Full Youth Integration) website utilizing 12 WIA-eligible youth and three non-WIA-eligible youth, and WHEREAS, the website will bring youth and youth service agencies together and increase access to One -Stop services to all youth, including the 70 percent of Tompkins County youth living in rural areas, and WHEREAS, Tompkins FYI will provide youth and youth -serving agencies (including schools) with a centralized information database, direct links to businesses, apprenticeships, other partner agencies and various training opportunities, and WHEREAS, the Tompkins County Workforce Development Board will be contracting with the Office of Employment and Training to implement this program, now therefore be it RESOLVED, on recommendation of the Economic and Workforce Development and Government Operations Committees, That the County hereby accepts the grant in the amount of $25,960, RESOLVED, further, That the Finance Director is authorized to make the following budget adjustment to his books: REVENUE: CD6290.44790 APPROPRIATION: CD6290.54491 REVENUE: CD6292.42225 APPROPRIATION: CD6292.51000 CD6292.58800 CD6292.54491 Federal Aid Job Training $25,960 Subcontracts $25,960 Local Rev (Fed.) WIA Salaries Fringe Benefits Subcontracts 240 $25,960 $ 9,722 $ 1,138 $11,000 CD6292.54414 CD6292.54412 CD6292.54433 SEQR ACTION: TYPE II -20 July 16, 2002 Local Mileage Travel & Training Education and Promotion $ 100 $ 2,500 $ 1,500 RESOLUTION NO. 161 - AWARD OF CONTRACT — DEVELOPMENT OF TOMPKINS COUNTY COURT INFORMATION NETWORK SYSTEM (COTS) MOVED by Mr. Koplinka-Loehr, seconded by Ms. Robertson, and unanimously adopted by voice vote by members present, under the Consent Agenda. WHEREAS, the Tompkins County Department of Administration and Information Technology Services Department have solicited for Proposals in accordance with established Tompkins County and New York State purchasing procedures, and WHEREAS, one proposal met the criteria documented in the Request for Proposals, Tompkins County Court Information Network System, dated June 5, 2002, and WHEREAS, the Tompkins County Department of Administration and the Information Technology Services Department recommend the project be awarded to Systems Development Group, Inc., now therefore be it RESOLVED, on recommendation of the Public Safety Committee, That the County Administrator, or his designee, be authorized to execute a contract for the project with Systems Development Group, Inc., of Utica, New York, in an amount not to exceed $40,000 for the development, purchase, and installation of various software components, and additional services needed to complete the project, RESOLVED, further, That the County Administrator, or his designee, is hereby authorized to execute change orders totaling up to ten percent (10%) of the agreement amount, RESOLVED, further, That funding for this contract is provided in the CISNET Program Fund 3997 and grant funds received from the Technology Opportunities Program Grant (TOPS). SEQR ACTION: TYPE II -20 Appointment(s) Approved Under the Consent Agenda No appointment(s) were approved under the Consent Agenda. Recess Chair Joseph declared recess at 7:09 p.m. The meeting reconvened at 7:14 p.m. Report and Presentation of Resolution(s) from the Health and Human Services Committee Mr. Winch, Chairman, reported the Committee met on July 9 and again yesterday afternoon. At the meeting Mary Pat Dolan, Commissioner of Social Services, reported to the Committee that the Internal Revenue Service presented an award to the Department for the development of a pilot program to assist low-income people in completing their income tax returns. He said approximately 15 clients participated in the program that resulted in refunds having a cumulative total of $80,000. Mr. Winch said Jean Owens, Town of Enfield Supervisor, spoke to the Committee about the food pantry programs. Ms. Owens emphasized that all food distribution networks operate differently, but are customized to the needs of the distribution area. One statistic Ms. Owens provided to the Committee is there are over one million pounds of food distributed annually in Tompkins County. Mr. Winch said on Monday the Committee began a review some of the programs that will be over -target requests. 241 July 16, 2002 RESOLUTION NO. 162 - SUPPORT TO APPLY FOR GRANT FROM CHILD CARE FACILITIES PROGRAM (CCFDP) FOR EXPANSION OF DROP-IN CHILDREN'S CENTER MOVED by Mr. Winch, seconded by Ms. Herrera. Mr. Proto asked if there has been any discussion of increased operating costs or increased County contribution due to the expansion. Mr. Winch said he has asked similar questions, such as whether they could reduce their utility bills by going through a value engineering process, but those discussions have not yet taken place. Ms. Herrera spoke in support of this resolution and said she sees this as a workforce development issue since it will assist low-income families to maintain self-sufficiency and employment. Ms. Robertson also spoke in support of this resolution and stated this would satisfy a small fraction of what is a critical need for families. She said in discussions with Lynn Jackier, Director of the Drop-in Children's Center, and the Health and Human Services Committee, Ms. Jackier indicated the Center would be able to fund raise for the balance of costs. A voice vote on the resolution resulted as follows: Ayes - 13, Noes - 0, Excused - 2 (Representatives McBean and Schuler). RESOLUTION ADOPTED. WHEREAS, the Drop -In Children's Center (DICC) currently services forty-nine children in the Tompkins County community, and approximately seventy-five percent of DICC's clientele qualify as low-income families, and WHEREAS, Tompkins County has a history of support for DICC, which allows low-income parents the opportunity to continue employment and self-sufficiency, and WHEREAS, in calendar year 2002 funding from Tompkins County is $69,309, and WHEREAS, the Day Care and Child Development Council of Tompkins County has determined that there is a shortage of drop-in, infant, and toddler daycare spaces, and WHEREAS, DICC seeks to develop an expansion to the child care center located at 506 First Street, at a cost of between $500,000 to $600,000, and WHEREAS, DICC expansion is projected to result in an additional twenty-eight slots for toddlers and infants (eight full-day infant, ten infant/toddler drop-in and ten full-day toddler) and 6.75 FTE employment opportunities, and WHEREAS, the Drop -In Children's Center has identified a grant program, the Child Care Facilities Development Program (CCFDP), that provides up to ninety percent of project costs, not to exceed $1,000,000, for the construction or expansion of licensed, not-for-profit day care centers intended to serve low-income working families, and WHEREAS, applications through the CCFDP, administered by the New York State Dormitory Authority and the New York State Office of Children and Family Services are due on July 19, 2002, now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, That the Tompkins County Board of Representatives hereby supports the aforementioned Drop -In Children's Center expansion project, RESOLVED, further, That the Tompkins County Board of Representatives supports the application for funding to be submitted by the DICC. SEQR ACTION: TYPE II -20 RESOLUTION NO. 163 - REDUCTION OF HOURS FOR DIRECTOR, OFFICE FOR THE AGING MOVED by Mr. Winch, seconded by Ms. Robertson, and unanimously adopted by voice vote by members present. WHEREAS, County Departments have been directed to take all reasonable steps to reduce expenses due to budgetary constraints, and WHEREAS, a reduction in hours is sought by the Director, Office for the Aging, now therefore be it 242 July 16, 2002 RESOLVED, on recommendation of the Health and Human Services Committee, That one (1) position of Director, Office for the Aging (86/215), management labor grade P, is hereby reduced from 40.0 hours to 35.0 hours effective July 21, 2002 through December 31, 2003. SEQR ACTION: TYPE 1I-20 Report from the Information Technolouv Services Committee Mr. Winch, Chairman, reported the Committee met on July 12 and continued discussions of capital projects. Mr. Potter, Director of Information Technology Services, spoke about the Time Warner Capital Project that has been ongoing. The project would benefit the rural municipalities, TC3, and holds the potential for video arraignments. Mr. Lane said the Tompkins County Intermunicipal Cable Commission has been functioning for several years although Tompkins County does not have a cable franchise as do the other municipalities. He said from the beginning, Tompkins County has always tried to lend its support to municipalities for cable issues. Most of the members of the Commission joined together with the City of Ithaca to begin cable negotiations that have turned out to be very difficult because of deregulation. Mr. Lane said in the last set of negotiations, an institutional network for data transmission was requested. This is what exists in the downtown area and what allows the County's broadcast signal to be transmitted to Time Warner studios and broadcast around the County; it also connects the school district with the City. He said in the negotiations it was requested that this be extended into the other municipalities, particularly municipal buildings and town halls. Mr. Winch highlighted some of the Information Technology Services Department's activities: the 2001/2002 tax maps were maintained and produced in an extremely timely manner with GIS absorbing the cost of the tax mapping; a summer intern has been working on finalizing the GIS website; a staff member provided excellent support for the 911 response maps; and the Department worked cooperatively with the Planning Department on producing watershed and soil map data. GIS is also planning to update the County building footprints with a flyover to be held in the Fall. He said Mr. Potter has also been working with the Health Department on putting together clinical billing software. Report and Presentation of Resolution(s) from the Public Works Committee Ms. Blanchard, Chair, reported the Committee met on July 3 and spent most of the meeting reviewing capital projects. She said that discussion will be presented to the Budget and Capital Committee on July 23rd. RESOLUTION NO. 164 - ADOPTION OF LOCAL LAW NO. 4 OF 2002 — RULES AND REGULATIONS AND MINIMUM STANDARDS — ITHACA TOMPKINS REGIONAL AIRPORT MOVED by Ms. Blanchard, seconded by Ms. Kiefer, and unanimously adopted by voice vote by members present. WHEREAS, a public hearing has been held before the Board of Representatives on July 16, 2002, to hear all persons interested in proposed Local Law No. 4 of 2002, concerning the adoption of revised Airport Rules and Regulations and Minimum Standards, dated April 2002, and WHEREAS, the proposed revision to the Airport Rules and Regulations and proposed Minimum Standards have been made available to the public and existing airport tenants, now therefore be it RESOLVED, on recommendation of the Public Works Committee, That the proposed Local Law No. 4 of 2002 - Rules and Regulations and Minimum Standards — Ithaca Tompkins Regional Airport is hereby 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 243 July 16, 2002 one (1) certified copy in the office of the County Clerk, and one (1) certified copy in the Office of the Secretary of State. SEQR ACTION: TYPE 11-20 RESOLUTION NO. 165 - ADOPTING RULES AND REGULATIONS AND MINIMUM STANDARDS AT THE ITHACA TOMPKINS REGIONAL AIRPORT MOVED by Ms. Blanchard, seconded by Mr. Lane, and unanimously adopted by voice vote by members present. WHEREAS, the Tompkins County Board of Representatives has adopted Local Law No. 4 of 2002, authorizing the Board to adopt Rules and Regulations and Minimum Standards, dated April 2002, for the Ithaca Tompkins Regional Airport by resolution, now therefore be it RESOLVED, on recommendation of the Public Works Committee, That the Rules and Regulations and Minimum Standards proposed by the Ithaca Tompkins Regional Airport Manager are hereby adopted. SEQR ACTION: TYPE II -20 RESOLUTION NO. 166 - AUTHORIZATION TO CONDUCT A PUBLIC HEARING — PROPOSED ACQUISITION OF PROPERTY FOR THE REPLACEMENT OF LOUNSBERY ROAD BRIDGE MOVED by Ms. Blanchard, seconded by Mr. Proto, and unanimously adopted by voice vote by members present. WHEREAS, funding for the Lounsbery Road Bridge replacement is in jeopardy unless the project can be moved forward in an expeditious manner, and WHEREAS, negotiations for approximately three of the parcels needed to complete acquisition of the right-of-way for the project have not yet been completed, and WHEREAS, the County intends to pursue all means to complete these negotiations in a timely manner without necessitating legal measures, but must provide for the contingency that the properties in question may need to be acquired via eminent domain procedures as a last resort, now therefore be it RESOLVED, on recommendation of the Public Works 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 6th day of August, 2002, 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 replacement of the Lounsbery Road Bridge in the Town of Caroline, 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 thirty days prior to said hearing a notice of same in at least five consecutive issues of the Ithaca Journal. SEQR ACTION: TYPE 11-20 Report from the Planning Committee Ms. Kiefer, Chair, reported the Committee has not met since the last Board meeting. The next meeting will be July 18 at 2 p.m. The meeting will be preceded by a joint meeting with the Health and Human Services Committee at which time they will be discussing whether the County should adopt a pesticide notification law. Mr. Proto asked Ms. Kiefer and Mr. Winch, Health and Human Services Committee Chairman, if they would consider rescheduling the meeting to an evening when he believes 244 July 16, 2002 more interested parties could attend. Mr. Winch and Ms. Kiefer said it has taken a lot of work to schedule this meeting; therefore, they would not be willing to cancel it. Mr. Winch suggested the meeting take place and that an additional meeting be scheduled if one is needed. Mr. Proto asked that the non- attendance of some parties not be construed as people are not interested in the matter. Ms. Kiefer stated the Planning Committee has had 4ttendance at two previous meetings by many representatives of lawn - care associations. Report and Presentation of Resolution(s) by the Government Operations Committee Mr. Koplinka-Loehr, Chair, reported the Committee met on July 9 and heard a report from the County Attorney's Office about a capital projects team being formed. More information will be provided to the Committee once it becomes available. The Committee also received a list of lawsuits the County is currently engaged in and this is available to any Board member who is interested. Mr. Koplinka-Loehr said the Finance Director provided the Committee with an update on the GASB project, and said an intern is looking at the value of the County's infrastructure and putting that information on the Internet. Wendy Skinner, Public Information Coordinator, provided the Committee with an update on the Web Resource Team and the work of a consultant that was hired three months ago to look at the County's website and suggest possible improvements. He said the last part of the meeting was spent reviewing advisory board surveys and Committee goals. RESOLUTION NO. 167 - BUDGETING UNIT RECONFIGURATION AND FISCAL TARGET ADJUSTMENT — COUNTY ADMINISTRATION AND PERSONNEL MOVED by Mr. Koplinka-Loehr, seconded by Mr. Booth, and unanimously adopted by voice vote by members present. WHEREAS, the Records Management Program is in need of support and assistance that cannot readily be provided through the Department of Administration, and WHEREAS, the Central Services Division is a program within the Personnel Department and works in conjunction with the Records Management Program, and WHEREAS, greater efficiencies can be achieved through a reassignment of tasks that can be more readily made when functions and oversight are within a single department, now therefore be it RESOLVED, on recommendation of the Government Operations and Budget and Capital Committees, That effective immediately, the Records Management Program shall be transferred from County Administration to Personnel, until such time as provision is made to return this function to the County Clerk, RESOLVED, further, That the 2002 budget line shall be transferred immediately, and the 2003 County Administration Fiscal Target shall be reduced by $51,012 ($63,765 less 20% Target Reduction pursuant to Resolution No. 105 of 2002) with a commensurate increase in the Personnel Fiscal Target. SEQR ACTION: TYPE II -20 RESOLUTION NO. 168 - AUTHORIZATION FOR CONTINGENT FUND APPROPRIATION TO COVER FINAL PAYMENT FOR OUTSIDE LEGAL FEES RELATED TO REDISTRICTING LAWSUIT - COUNTY ATTORNEY MOVED by Mr. Koplinka-Loehr, seconded by Mr. Totman. A short roll call vote resulted as follows: Ayes - 13, Noes - 0, Excused - 2 (Representatives McBean and Schuler). RESOLUTION ADOPTED. WHEREAS, outside counsel was obtained to facilitate the County's defense in the recent redistricting lawsuit imposed by the Town of Ithaca and several other parties, and 245 July 16, 2002 WHEREAS, the County has been billed by Harris Beach, LLP, for legal services from January 18, 2002 through June 21, 2002 totaling $1,242.50, and WHEREAS, payment is now due, and WHEREAS, this payment brings total bills to date on this case to $56,125.45, now therefore be it RESOLVED, on recommendation of the Government Operations and Budget and Capital Committees, That the Director of Finance be authorized and directed to make the following budget appropriation: FROM: A1990.54400 Contingent Fund $1,242.50 TO: A1420.54442 Professional Services $1,242.50 SEQR ACTION: TYPE II -20 RESOLUTION NO. 169 - AUTHORIZATION FOR CONTINGENT FUND APPROPRIATION TO COVER PAYMENT FOR OUTSIDE LEGAL FEES RELATED TO COMMUNICATIONS SYSTEM LAWSUIT — COUNTY ATTORNEY MOVED by Mr. Koplinka-Loehr, seconded by Ms. Blanchard. A short roll call vote resulted as follows: Ayes - 13, Noes - 0, Excused - 2 (Representatives McBean and Schuler). RESOLUTION ADOPTED. WHEREAS, outside counsel was obtained to facilitate the County's defense in the recent lawsuit related to the proposed Communications System and the County Public Works Building imposed by the Town of Ithaca and several other parties, and WHEREAS, the County has been billed by Harris Beach, LLP, for legal services from February 12, 2002 through June 21, 2002 totaling $4,480.78, and WHEREAS, payment is now due, and WHEREAS, this payment brings total bills to date on this case to $13,511.99, now therefore be it RESOLVED, on recommendation of the Government Operations and Budget and Capital Committees, That the Director of Finance be authorized and directed to make the following budget appropriation: FROM: A1990.54400 Contingent Fund $4,480.78 TO: A1420.54442 Professional Services $4,480.78 SEQR ACTION: TYPE II -20 RESOLUTION NO. 170 - AMENDING THE RULES OF THE BOARD - ORDER OF BUSINESS MOVED by Mr. Koplinka-Loehr, seconded by Mr. Penniman, and unanimously adopted by voice vote by members present. WHEREAS, it is desirable that a provision for a report from municipal official(s) be added to the order of business at each session of the Board of Representatives, and WHEREAS, it is also desirable that there be a provision for a report from County staff when desirable/necessary as determined by the Chair of the Board, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That Rule IV, Order of Business, of the Rules of the Board of Representatives is hereby amended as follows: RULE IV - ORDER OF BUSINESS The order of business at each session, except at such times as may be set apart for the consideration of special orders of the day, shall be as follows: 1. Pledge of Allegiance to the Flag 2. Roll Call of Members 246 July 16, 2002 3. Presentation of Petitions, Communications, and Notices 4. Announcement of Special Orders of the Day 5. Privilege of the Floor A. Public B. Board Members 6. Report from Municipal Official(s) 7. [6.] Special Topical Presentation and/or Discussion 8. [7.] Chair's Report, and Chair's Appointments 9. [8.] Reports by County Administrator, County Attorney, and Finance Director 10. Report from other County Staff as Recognized by the Chair of the Board 11. [9.] Resolutions Added to and Withdrawn from the Agenda 12. [10.] Consent Agenda 13. [11.] Standing Committees: A. Report B. Motions and Resolutions 14. [12.] Reports of Special Committees 15. [13.] Minutes of Previous Meeting 16. [14.] Individual Member -Filed Resolutions 17. [15.] Unfinished Business 18. [ 16.] Adjournment (6.) Report from Municipal Official(s) Municipal officials (e.g., Mayor or Supervisor) are invited to report on any issue; when appropriate, a response will be provided as quickly as possible. (10.) Report from other County Staff as Recognized by the Chair of the Board When recognized by the Chair of the Board, County staff may report on any item(s) deemed appropriate. SEQR ACTION: TYPE II -20 Report from the Economic and Workforce Development Committee Mr. Lane, Chairman, reported the Committee met on July 11. At that meeting Carl Haynes and Bob Ross of Tompkins Cortland Community College were in attendance and discussed an issue of a lease of a small portion of the College's property. He said there has been substantial growth in the projected enrollment at TC3 and a heavy demand for housing in the dormitories on the TC3 Foundation property. Mr. Lane said the proposal is to construct a fourth building for students that would be in conjunction with the proposed access road that is contained in the TC3 master plan. That proposal will come forward to the Board following action by the Board of Trustees for the College. Mr. Lane said the Committee also heard a report from Bridgett Berry of the Convention and Visitors Center. The Commons work is progressing and they have hired four individuals who are titled "Ambassadors" for the Commons area. These are part-time positions who will perform duties such as handle flowers, perform cleaning services, and answer informational questions. Mr. Lane said in terms of rural areas, the Committee will also be looking at the possibility of having small matching grants. Martha Armstrong of TCAD (Tompkins County Area Development) attended the meeting and discussed their continued efforts towards an Economic Development Zone (EDZ). At the present time, Tompkins County does not qualify under existing criteria for an EDZ. However, the State is encouraging the County to complete an application because there may be changes made to those criteria. Mr. Lane reported the Committee also spent time reviewing advisory board surveys and thanked Representative Koplinka-Loehr for his work on that. 247 July 16, 2002 Report from the Budget and Capital Committee Mr. Penniman, Chairman, reported the Committee met a week ago and received the first report on current -year savings that have been incurred by departments as a result of the County's fiscal situation and the request that was made to them. He said it appears the County is well on its way to reaching the $1 million goal that had been established. Mr. Penniman said the Committee received a report from the Department of Social Services about Medicaid programs and how costs have increased. The Committee learned that there are increased caseloads due to broader eligibility under Family Health Plus, Child Health Plus, and other program changes. There is also increased utilization of programs and services. He reported the impact of Medicaid expenditures is significant, with a $1.4 million overrun in that area this year, with an additional spending of $1 million expected for 2003. In terms of budgeting, the County will need to budget $10.5 million in 2003, compared to the original 2002 budget of $8.1 million. Mr. Penniman said the Committee also heard a report from Tompkins Cortland Community College on the College's budget. At the next meeting on July 23rd the Committee will be reviewing capital projects. Mr. Penniman announced a special discussion on capital projects will take place on July 22 at 3 p.m. in the Scott Heyman Conference Room. All Board members are invited to attend. Mr. Penniman also distributed a revised budget calendar. Report from the Public Safety Committee Mr. Totman, Vice Chairman, reported the Committee has not met since the last Board meeting. The next meeting will be August 1 at 12:30 p.m. At 1:30 p.m. a joint meeting will be held with the Health and Human Services Committee to perform an evaluation of the Alternatives to Incarceration programs. Report and Presentation of Resolution(s) from the Charter Review Committee Mr. Lane, Chairman, reported the Committee met and reviewed the Youth Bureau article. He said one suggestion made by the Youth Board was that the Board consider changing the name of the Youth Bureau because there is often confusion with the City of Ithaca Youth Bureau. The Committee charged that group with bringing suggestions back to the Committee. Mr. Lane said the Committee also spent time with the Director of Emergency Response reviewing proposed changes to that article. He said because of the critical need by that Department to have authorization to be able to sign documents, this is being forwarded for full Board action as quickly as possible. Mr. Lane said the Committee also moved forward with changes to Section 2.04 - Vacancies on the Board of Representatives. He said the proposal the Committee is recommending would establish a special election procedure to replace the current appointment by City Council and/or town board. He said the Committee solicited comments from all municipalities on this Section and received three responses. The Town of Groton supported the Committee's recommendation, and the Towns of Caroline and Ithaca felt there should be some form of weighted voting by municipal boards. RESOLUTION NO. 171 - AUTHORIZATION TO CONDUCT A PUBLIC HEARING — PROPOSED LOCAL LAW NO. e OF 2002 — AMENDING THE TOMPKINS COUNTY CHARTER AND CODE — ARTICLE 10 - DEPARTMENT OF PLANNING AND ARTICLE 20 - DEPARTMENT OF EMERGENCY RESPONSE MOVED by Mr. Lane, seconded by Mr. Totman, and unanimously adopted by voice vote by members present. RESOLUTION RECONSIDERED later in the meeting (SEE RESOLUTION NOS. 173 AND NOS. 174) WHEREAS, pursuant to Section 31.18 of the Tompkins County Charter and Code, the Charter Review Committee is reviewing the Articles of the Tompkins County Charter and Code, and 248 July 16, 2002 WHEREAS, two Departments (Planning and Emergency Response) wish to begin implementing the changes recommended in their proposed sections of the Charter and Code, now therefore be it RESOLVED, on recommendation of the Charter Review Committee, That a public hearing be held before the Board of Representatives in Board Chambers of the Tompkins County Courthouse, 320 North Tioga Street, Ithaca, New York, on Tuesday, August 6, 2002, at 5:30 o'clock in the evening thereof concerning proposed Local Law No. e of 2002 - Amending the Tompkins County Charter and Code — Article 10 - Department of Planning and Article 20 - Department of Emergency Response. 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 -20 RESOLUTION NO. 172 - AUTHORIZATION TO CONDUCT A PUBLIC HEARING — PROPOSED LOCAL LAW NO. 10 OF 2002 — AMENDING SECTION C-2.04 OF THE TOMPKINS COUNTY CHARTER AND CODE — VACANCIES ON THE BOARD OF REPRESENTATIVES AND AUTHORIZING ITS SUBMISSION AS A PROPOSITION FOR 2002 GENERAL ELECTION MOVED by Mr. Lane, seconded by Mr. Penniman. Mr. Booth said he will vote against this because he fmds the language difficult to follow and does not feel. there is anything wrong with the County Board, as permitted by State law, appointing someone for the balance of a year until the next general election. It was MOVED by Mr. Koplinka-Loehr, seconded Ms. Robertson, to delete the following language from the fourth bulleted section of the proposed local law: "the Board of Representatives shall appoint". A voice vote resulted as follows: Ayes - 10; Noes - 3 (Representatives Booth, Proto, and Todd); Excused - 2 (Representatives McBean and Schuler). MOTION CARRIED. A voice vote resulted as follows on the resolution to hold a public hearing: Ayes - 10; Noes - 3 (Representatives Booth, Proto, and Todd); Excused - 2 (Representatives McBean and Schuler). RESOLUTION ADOPTED. WHEREAS, vacancies on the Board of Representatives are currently filled by appointments from Town Boards and/or City of Ithaca Common Council and the appointees serve until the next general election, and WHEREAS, the Board of Representatives believes that since members of the Board of Representatives are representatives of the people, vacancies should be filled directly by the electorate, now therefore be it RESOLVED, on recommendation of the Charter Review Committee, That a public hearing be held before the Board of Representatives in Board Chambers of the Tompkins County Courthouse, 320 North Tioga Street, Ithaca, New York, on Tuesday, August 6, 2002, at 5:30 o'clock in the evening thereof concerning proposed Local Law No. 10 of 2002 - Amending Section C-2.04 of the Tompkins County Charter and Code — Vacancies on the Board of Representatives. 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 -20 Reconsideration of Resolution Ms. Blanchard asked for clarification on Resolution No. 171; if a public heard is held on Charter articles 10 and 20, can the articles be voted on separately? It was MOVED by Mr. Booth, seconded by Ms. Blanchard, and unanimously adopted by voice vote by members present, to reconsider Resolution No. 171 - Authorization to Conduct a Public Hearing — Proposed Local Law No. e of 2002 — Amending 249 July 16, 2002 the Tompkins County Charter and Code — Article 10 - Department of Planning and Article 20 - Department of Emergency Response, and to hold two separate public hearings, one per Charter article, as follows: RESOLUTION NO. 173 - AUTHORIZATION TO CONDUCT A PUBLIC HEARING — PROPOSED LOCAL LAW NO. 5 OF 2002 — AMENDING THE TOMPKINS COUNTY CHARTER AND CODE — ARTICLE 10 - DEPARTMENT OF PLANNING MOVED by Mr. Lane, seconded by Mr. Penniman. It was MOVED by Mr. Proto, seconded by Mr. Winch to eliminate "Section 10.03 - County Environmental Management Council" from the proposed local law. Mr. Proto does not believe the Environmental Management Council should be part of the Charter, as it is an advisory board and is not mandated by the State. A voice vote resulted as follows: Ayes - 4 (Representatives Proto, Todd, Totman, and Winch); Noes - 9 (Blanchard, Booth, Herrera, Joseph, Kiefer, Koplinka-Loehr, Lane, Penniman, and Robertson); Excused - 2 (Representatives McBean and Schuler). MOTION FAILED. Mr. Proto spoke of the proposed deletion of "Section 10.02 County Planning Federation; Composition; Powers and Duties" and requested that town supervisors and mayors be made aware that this is being recommended. A voice vote on the resolution resulted as follows: Ayes - 10, Noes - 3, Representatives Proto, Todd, and Totman); Excused - 2 (Representatives McBean and Schuler). RESOLUTION ADOPTED. WHEREAS, pursuant to Section 31.18 of the Tompkins County Charter and Code, the Charter Review Committee is reviewing the Articles of the Tompkins County Charter and Code, and WHEREAS, the Department of Planning wishes to begin implementing the changes recommended in their proposed sections of the Charter and Code, now therefore be it RESOLVED, on recommendation of the Charter Review Committee, That a public hearing be held before the Board of Representatives in Board Chambers of the Tompkins County Courthouse, 320 North Tioga Street, Ithaca, New York, on Tuesday, August 6, 2002, at 5:30 o'clock in the evening thereof concerning proposed Local Law No. 5 of 2002 - Amending the Tompkins County Charter and Code — Article 10 - Department of Planning. 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. 174 - AUTHORIZATION TO CONDUCT A PUBLIC HEARING — PROPOSED LOCAL LAW NO. 6 OF 2002 — AMENDING THE TOMPKINS COUNTY CHARTER AND CODE — ARTICLE 20 - DEPARTMENT OF EMERGENCY RESPONSE MOVED by Mr. Lane, seconded by Mr. Booth, and unanimously adopted by voice vote by members present. WHEREAS, pursuant to Section 31.18 of the Tompkins County Charter and Code, the Charter Review Committee is reviewing the Articles of the Tompkins County Charter and Code, and WHEREAS, the Department of Emergency Response wishes to begin implementing the changes recommended in their proposed sections of the Charter and Code, now therefore be it RESOLVED, on recommendation of the Charter Review Committee, That a public hearing be held before the Board of Representatives in Board Chambers of the Tompkins County Courthouse, 320 North Tioga Street, Ithaca, New York, on Tuesday, August 6, 2002, at 5:30 o'clock in the evening thereof 250 July 16, 2002 concerning proposed Local Law No. 6 of 2002 - Amending the Tompkins County Charter and Code — Article 20 - Department of Emergency Response. 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 Report and Presentation of Resolution(s) from the Public Safety Building Space Planning Committee Mr. Joseph, Chairman, reported the Committee has not met since the last Board meeting. RESOLUTION NO. 175 - AUTHORIZATION TO REVIEW PROPOSALS FOR THE TOMPKINS COUNTY PUBLIC SAFETY BUILDING PROJECT AND RECOMMEND A PREFERRED DESIGN CONSULTANT MOVED by Ms. Blanchard, seconded by Mr. Booth, and unanimously adopted by voice vote by members present. WHEREAS, the Corrections Division of the Tompkins County Public Safety Building is currently operating under variances from the State Commission of Corrections that allow housing of a maximum of 30 additional inmates in dorm space and double-celling of inmates in selected cell blocks, and WHEREAS, these variances will expire in September of 2002, potentially placing the Sheriff in the position of boarding out inmates to other counties at significant expense to Tompkins County or, in the worst case, being directed by the Commission to close the Jail, and WHEREAS, the Public Safety Building Space Planning Committee is soliciting proposals in accordance with established Tompkins County and New York State purchasing procedures for architectural/engineering services in order to determine a future building project that will address the space and functional deficiencies throughout the Public Safety Building including both correctional and administrative/law enforcement areas, now therefore be it RESOLVED, on recommendation of the Public Safety Building Space Planning Committee, That the Board of Representatives does hereby authorize the Public Safety Building Space Planning Committee to review proposals for the required architectural/engineering services, make a determination on the preferred design consultant and report this recommendation to the Board of Representatives for further authorization to negotiate a contract for this project. SEQR ACTION: TYPE 11-20 Report from the Fiscal Management Committee Mr. Joseph, Chairman, reported the Committee met on July 12 and approved the filling of three positions. Staff presented information that demonstrated by not filling two of the positions existing programs would be severely crippled; the other department was already taking steps to reduce expenses such as filling a full-time position at half-time on a temporary basis. Report from the Space Needs and Location Committee Mr. Joseph, Chairman, reported the Committee will meet tomorrow at 3 p.m. Approval of Minutes of July 2, 2002 251 July 16, 2002 It was MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, to approve the minutes of July 2, 2002 as submitted. MINUTES APPROVED. Adjournment On motion the meeting adjourned at 8:40 p.m. 252 August 6, 2002 Regular Meeting Public Hearing - Proposed Local Law No. 5 of 2002 - Amending the Tompkins County Charter and Code - Article 10 - Department of Planning Mr. Joseph called the public hearing to order at 5:31 p.m. concerning proposed Local Law No. 5 of 2002 - Amending the Tompkins County Charter and Code - Article 10 - Department of Planning, and asked if anyone wished to speak. No one wished to speak and the public hearing was closed at 5:31 p.m. Public Hearing - Proposed Local Law No. 6 of 2002 - Amending the Tompkins County Charter and Code - Article 20 - Department of Emergency Response Mr. Joseph called the public hearing to order at 5:31 p.m. concerning proposed Local Law No. 6 of 2002 - Amending the Tompkins County Charter and Code - Article 20 - Department of Emergency Response, and asked if anyone wished to speak. No one wished to speak and the public hearing was closed at 5:32 p.m. Public Hearing - Proposed Local Law No. 10 of 2002 - Amending the Tompkins County Charter and Code - Vacancies on the Board of Representatives and Authorizing its Submission as a Proposition for 2002 General Election Mr. Joseph called the public hearing to order at 5:32 p.m. concerning proposed Local Law No. 10 of 2002 -Amending the Tompkins County Charter and Code - Vacancies on the Board of Representatives and Authorizing its Submission as a Proposition for 2002 General Election, and asked if anyone wished to speak. No one wished to speak and the public hearing was closed at 5:33 p.m. Public Hearing - Proposed Acquisition of Property for the Replacement of Lounsbery Road Bridge (Pursuant to Section 201 of the Eminent Domain Procedure Law Mr. Joseph called the public hearing to order at 5:33 p.m. concerning the proposed Acquisition of Property for the Replacement of Lounsbery Road Bridge, and 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: 15 Representatives. Privilege of the Floor by the Public Fay Gougakis, City of Ithaca, expressed concern about recent publicity on the Tompkins County Library. She said it would be a travesty if the Library were to lose funding because it cannot be open four more hours per week. The following individuals were present and urged the Board to continue funding and support for the Tompkins County Youth Bureau Outings Program: Linda Bowman, Town of Ithaca Susan Fornell, Town of Ithaca Jennifer Fornell, Town of Ithaca Vanessa Bowman, Town of Ithaca Benjamin Bornstein, Town of Enfield Abel McSurrley Bradshaw, Town of Enfield 253 August 6, 2002 Tammy Olsefski, Town of Enfield Jenny Day, Town of Ithaca Peter Meskill, Tompkins County Sheriff, announced this evening is National Night Out and noted that a variety of activities will be taking place in the Town of Newfield and City of Ithaca. Mr. Meskill encouraged Board Members and members of the community to participate in the events. Privilege of the Floor by Board Members Martha Robertson, District No. 13 Representative, recognized Dan Higgins and Bob Steinkamp for their diligence in attending County Board meetings. Mr. Higgins and Mr. Steinkamp are local news reporters. Ms. Robertson spoke about the Jail and referred to meetings of the Public Safety Building Space Planning Committee. She said at a recent meeting the Sheriff reported Delaware and Chenango counties are now constructing new jails. She said these counties are half of the size of Tompkins County and project to spend $23 million and $27 million respectively for those facilities. Ms. Robertson said this is a tragic way to spend this enormous amount of money. She stated that she and her husband have been studying a database containing statistics from the population at the Tompkins County Jail for the last 12 years. They have been trying to analyze the data to determine whether any trends exist. She said it appears that Mondays are the peak days with Fridays being the day with the lowest population count. She noted that for the last two months jail population has been well below the variance approved by the Commission of Corrections and hopes the County can pursue this track further. Mr. Lane, District No. 14 Representative, referred to an article that appeared in today's Ithaca Journal. The article contained census information regarding the disparity in income levels across New York State. He said Tompkins County is one of the counties with the largest disparity of people with high incomes and people with very low incomes. Mr. Lane said there are few mid-level jobs and this is something that has to be continually worked on. He said this will be addressed later this evening when the County's application for an Empire Zone is discussed. Mr. Booth, District No. 3 Representative, thanked the individuals who came and spoke under Privilege of the Floor by the Public on the Tompkins County Youth Bureau Outings Program. He said it is important that the public realize that it is a recommendation of the Tompkins County Youth Board to fully cut the Outings Program in order to bring the Youth Bureau within the twenty percent budget reduction scenario that was requested by this Board. Mr. Booth said it was a very long and agonizing process; however, if that cut was not chosen they would have had to recommend other cuts to meet the 20 percent reduction. Mr. Booth said the public needs to realize there will be many difficult choices the Board will need to make as the budget process proceeds. Mr. Penniman, District No. 15 Representative, reported he visited the County -owned land where seismic testing is taking place. He said it appeared to him there was a minimal affect on the forest and fields that were being studied and those conducting the tests were very efficient and professional. Mrs. Schuler, District No. 4 Representative, announced this past Saturday there were celebrations marking the 1001 year of 4-H. She said the event was attended by some members of the Board and she was impressed by the creative projects and commitment the 4-H'ers exhibited. She also announced celebrations for the 175th Anniversary of the Eight Square School House will be held throughout this entire week with many activities taking place between 11 a.m. and 1 p.m. at the Tompkins County Public Library and the ice cream social at the 8 -square schoolhouse. Mr. Proto, District No. 7 Representative, thanked Ms. Robertson for providing information on the jail earlier in the meeting. He recalled the discussion that took place several years ago when a decision was made to construct the existing Jail. Mr. Proto said it was with a significant amount of public pressure that the plans for the Jail were downsized and it was in regard to information on alternatives to incarceration and how effective people hoped they would be. Mr. Proto suggested that someone contact 254 August 6, 2002 James Mason who was the Chairman of that committee and bring that information into the discussions about what to do about the existing Jail. Mr. Proto also spoke in his capacity of Chairman of the TCAT (Tompkins Consolidated Area Transit) Board of Directors. He said this evening he distributed the TCAT system map and a bus pass and encouraged members to ride the bus at different times and provide the TCAT Board with feedback on the system. Ms. Blanchard, District No. 1 Representative, reported the Airport Manager has been running a monthly check on airfares to selected destinations across the United States and doing comparisons between Ithaca, Syracuse, Elmira, and Binghamton. Mr. Nicholas presented her with the following information to summarize his findings: "The presence of Southwest Airlines and/or Jet Blue in Buffalo, Rochester, Albany, and Syracuse produces much lower walk-up fares to certain destinations. However, in most cases, if passengers are able to book a month or so in advance, there is not sufficient financial incentive to drive to these larger airports unless a whole family is traveling. For example, for 9 out of 11 destinations sampled, for travel at the end of August, the difference in the average roundtrip fare from Syracuse compared to Ithaca was less than $30. The average fares for Ithaca, Binghamton, and Elmira were basically the same. Between the end of July and the end of August average airfares have dropped by 35 percent in Ithaca and 25 percent in all Upstate airports." He concluded with the following: "It is always worth checking airfares from Ithaca before buying a ticket. With shorter lines for check-in, 30 minutes of free parking, free baggage carts, and less time involvement with mandated security procedures, travel from the Ithaca Tompkins Regional Airport can once again be a pleasant experience." Mr. Todd, District No. 6 Representative, said he and his wife also attended the 4-H Fair and had an opportunity to visit all the exhibits. Mr. Todd announced Farm City Day will be held on Saturday, August 10 at 11 a.m. at the Hardie Farm in Lansing. Report from Municipal Official No municipal official was in attendance. Chair's Report and Appointment(s) Mr. Joseph presented David Squires, Finance Director, with a certificate recognizing him for ten years of dedicated service to Tompkins County. Mr. Joseph said he was invited by the City of Ithaca to serve on the Cayuga Green Client Committee. He designated Ed Marx, Planning Commissioner, to attend those meetings in the event he cannot. Mr. Joseph said there have been a number of issues with the State government in recent times and there has been discussion about the need for counties to work together to dramatize those issues and get some responsiveness. He said he has asked Representative Penniman to take the lead on behalf of Tompkins County to bring counties together to do this. Mr. Joseph clarified that the entire Workforce Development program, including Job Training should report to the Economic and Workforce Development Committee. 255 August 6, 2002 He said Board members have begun to receive communication in regard to the 2003 budget. As those letters and calls are received they are being placed in a master file in the Board Office for review by all Board members. He invited all Board members to add correspondence they receive to this file as well. He hopes this will provide one location for all of this information and will aid in keeping the entire Board informed. Appointment(s) Mr. Joseph appointed John Rossi to the Workforce Development Board for a three-year term expiring June 30, 2005. Report from the County Administrator Mr. Whicher reported he has been working on the 2003 Tompkins County Budget. He said all Board members should have received copies of all the Over -Target requests. He said there are no "easy cuts" that can be made to the budget. Mr. Whicher said for several years the County has been "tweaking" departmental budgets and now will have to cut programs. He stated he has spent many hours reviewing budget submissions and does not believe the Board will have any option but to support a very substantial property tax increase in 2003. He said an expectation of a property tax increase of less than 20 percent at this point is unrealistic, especially when there is a 22 percent increase in mandates. Mrs. Schuler asked how much twenty percent increase will be in dollars and Mr. Whicher said $120 to $150 on a $100,000 home. Mr. Proto asked if Mr. Whicher had done a forecast of the 2004/2005 budget. He said he has not; however, he believes the state's situation is such that they will make it harder next year. Report from the County Attorney Mr. Wood reported on the ATV accident that occurred in the Town of Newfield recently and said it was not on or anywhere near the County property where seismic testing was done. Report from the Finance Director Mr. Squires reported on the sale of revenue anticipation notes and said he is pleased with the rate that was received. He said a $1 million note was purchased by J.P. Morgan Chase for 1.38 percent and Troy Financial services bought the remaining note at 1.46. The previous comparison was earlier in the year for Tompkins Cortland Community College at 1.65 percent. Mr. Squires also reported there is a savings this year on the retirement bill of approximately $68,000. He said he also distributed copies of the second quarter sales tax information which includes reconciliation that shows the real sales tax increase to be .006 percent. It appears Tompkins County was the beneficiary from a past judgement which made it appear that sales tax revenues were up. Report from County Staff No County staff person wished to speak. 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: Audit of Final Payment - General Aviation (GA) Ramp Expansion - Fahs Rolston Paving Corporation - Ithaca Tompkins Regional Airport 256 August 6, 2002 Authorization to Execute Construction Funding Agreement with NYSDOT - Brooktondale Bridge, BIN 3314100 (Lounsbery Road) 2002 Main Street New York Downtown Development Initiative Grant for the Clinton House — Historic Ithaca Withdrawal of Resolution(s) from the A2enda There were no resolution(s) withdrawn from the agenda. Resolution(s) Approved Under the Consent A2enda It was MOVED by Mr. Penniman, seconded by Mr. Booth, and unanimously adopted by voice vote, to approve the following resolution(s) under the Consent Agenda: RESOLUTION NO. 176 - AUTHORIZATION OF NEW YORK STATE DEDICATED TRANSPORTATION TRUST FUND CAPITAL PROJECT SUPPLEMENTAL AGREEMENT NUMBER 5 — TOMPKINS CONSOLIDATED AREA TRANSIT MOVED by Mr. Penniman, seconded by Mr. Booth, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, pursuant to State Finance Law Section 89-c, the New York State Legislature authorizes mass transportation grants for capital projects that are funded with ten percent up to one hundred percent state funding, and WHEREAS, Tompkins County executed a Master Agreement with the New York State Department of Transportation to simplify the process of State reimbursement of expenses for transit capital projects (County Resolution No. 196 of 1999), and WHEREAS, the New York State Department of Transportation has authorized Supplemental Agreement Number 5 for $69,082 in State funds to fund current fiscal year 2002 capital projects by Tompkins Consolidated Area Transit, now therefore be it RESOLVED, on recommendation of the Public Works Committee, That the Tompkins County Board of Representatives authorizes Supplemental Agreement Number 5 of the Master Agreement for New York State Dedicated Transportation Trust Funds in an amount not to exceed $69,082. SEQR ACTION: TYPE II -20 RESOLUTION NO. 177 - AUDIT OF FINAL PAYMENT — HAYNOR HOYT CORPORATION — TOMPKINS COUNTY PUBLIC LIBRARY MOVED by Mr. Penniman, seconded by Mr. Booth, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, Haynor Hoyt Corporation, General Contractor, has completed their contract to our satisfaction for the Tompkins County Public Library, now therefore be it RESOLVED, on recommendation of the Public Works 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 Haynor Hoyt Corporation 18 (Final) HL7480.59239.74.80 $10,000.00 RESOLVED, further, That the Finance Director be and hereby is authorized and directed to pay said claim from Account No. HL7480.59239.74.80. SEQR ACTION: TYPE II -20 257 August 6, 2002 RESOLUTION NO. 178 - AUTHORIZATION TO EXECUTE A SUPPLEMENTARY CONSTRUCTION FUNDING AGREEMENT WITH NEW YORK STATE DEPARTMENT OF TRANSPORTATION — NORTH TRIPHAMMER ROAD BRIDGE (BIN3314360) AND HIGHWAY RECONSTRUCTION MOVED by Mr. Penniman, seconded by Mr. Booth, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, a Project for the North Triphammer Road Bridge over Gulf Creek (B1N3314360) and Highway Reconstruction P.I.N. 375228, (the Project) in the Town of Lansing, is eligible for funding under Title 23 United States Code, as amended, that calls for the apportionment of the costs of such program to be borne at the ration of eighty percent Federal funds and twenty percent non -Federal funds, and WHEREAS, Resolution No. 139 adopted on June 19, 2001, approved the Project, authorized execution of an agreement with the New York State Department of Transportation regarding administration and funding of Construction, Construction Inspection and Supervision, and made $2,326,000 available within the Triphammer Capital Project Account to cover the cost of participation in the Construction phase of the Project, and WHEREAS, Resolution No. 135, adopted on June 18, 2002, awarded a contract in the amount of $2,782,341.39 for construction of the Project and amended the 2002 Capital Program to reflect the change in the total cost of the Project, including a local share increase from $155,050 to $307,150, and WHEREAS, the County of Tompkins desires to advance the above project by making a commitment of one hundred percent of the non -Federal share of the costs of Construction, Construction Inspection and Supervision, now therefore be it RESOLVED, on recommendation of the Public Works 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 one hundred percent of the Federal and non -Federal share of the costs of Construction, Construction Inspection and Supervision work for the subject Project or portions thereof, RESOLVED, further, That the sum of $2,806,000 is hereby made available within account HZ5103.59239.53.01, Triphammer Capital Project Account, to cover the cost of participation in the Construction 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 Tompkins County Board of Representatives shall convene as soon as possible to appropriate said excess amount immediately upon notification of the New York State Department of Transportation thereof, RESOLVED, further, That the Tompkins County Highway Manager be and is hereby authorized to execute all necessary Agreements, certifications and 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 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 therefore 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 Project, RESOLVED, further, That this resolution shall take effect immediately. SEQR ACTION: TYPE II -20 RESOLUTION NO. 179 - BUDGET ADJUSTMENT — ROOM TAX — ADMINISTRATION 258 August 6, 2002 MOVED by Mr. Penniman, seconded by Mr. Booth, and unanimously adopted by voice vote under the Consent Agenda. RESOLVED, on recommendation of the Economic and Workforce Development Committee, That the Director of Finance be directed to make the following budget adjustments on his books: ECONOMIC AND WORKFORCE DEVELOPMENT COMMITTEE Room Tax - Administration (#47) Revenue Acct Title Amt Approp Acct Title(s) 6475.42797 Other Local Gov't Contribution -$15,000 6475.54400 Program Expense Explanation: Resolution No. 78 of 2002, Room Tax allocation was contingent upon City of Ithaca providing $15,000 matching funds for the Beautification Plan. They provided the match, but paid service providers directly, rather than paying the County. SEQR ACTION: TYPE 11-20 Approval of Appointment(s) on the Consent Agenda There were no appointment(s) approved under the Consent Agenda. Report and Presentation of Resolution(s) from the Charter Review Committee Mr. Proto, Vice Chairman, reported the Committee met on July 24th and had a very interesting meeting. He thanked Cathy Covert, Clerk of the Board, for her help in leading the Committee through a number of items. He stated there were some questions that were raised in regard to articles relating to appointing a veterinarian and a County keeper of energy. Those items will come back to the Committee at a later date for further review. RESOLUTION NO. 180 - ADOPTION OF LOCAL LAW NO. 5 OF 2002 - AMENDING THE TOMPKINS COUNTY CHARTER AND CODE — ARTICLE 10 — DEPARTMENT OF PLANNING MOVED by Mr. Lane, seconded by Ms. Herrera. It was MOVED by Mr. Proto and seconded by Mr. Totman to omit the item that relates to the Environmental Management Council from the Article. A voice vote resulted as follows: Ayes — 4 (Representatives Proto, Todd, Totman, and Winch); Noes — 11. MOTION FAILED. Ms. Blanchard stated at the last meeting a question was raised and there was a request by municipal officials for the Board to reconsider its position on the portion of the Local Law that deals with the Planning Federation. She said it is her understanding that a conversation took place with representatives of the municipal officials and everyone is now feeling comfortable with the way things are now proceeding. Ms. Kiefer confirmed Ms. Blanchard's statement is correct. A voice vote on the original motion resulted as follows: Ayes — 12, Noes — 3 (Representatives Proto, Todd, and Totman). RESOLUTION ADOPTED. WHEREAS, a public hearing has been held before the Board of Representatives on August 6, 2002, to hear all persons interested in proposed Local Law No. 5 of 2002, now therefore be it RESOLVED, on recommendation of the Charter Review and Planning Committees, That proposed Local Law No. 5 of 2002 — Amending the Tompkins County Charter and Code — Article 10 — Department of Planning, 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 twenty (20) days file one certified copy in the Office of the County Clerk, and one copy with the Secretary of State. SEQR ACTION: TYPE II -20 259 August 6, 2002 RESOLUTION NO. 181- ADOPTION OF LOCAL LAW NO. 6 OF 2002 - AMENDING THE TOMPKINS COUNTY CHARTER AND CODE — ARTICLE 20 — DEPARTMENT OF EMERGENCY RESPONSE MOVED by Mr. Lane, seconded by Mrs. Schuler, and unanimously adopted by voice vote. WHEREAS, a public hearing has been held before the Board of Representatives on August 6, 2002, to hear all persons interested in proposed Local Law No. 6 of 2002, now therefore be it RESOLVED, on recommendation of the Charter Review and Public Safety Committees, That proposed Local Law No. 6 of 2002 — Amending the Tompkins County Charter and Code — Article 20 — Department of Emergency Response, 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 twenty (20) days file one certified copy in the Office of the County Clerk, and one copy with the Secretary of State. SEQR ACTION: TYPE II -20 RESOLUTION NO. 182 - ADOPTING LOCAL LAW NO. 10 OF 2002 — AMENDING SECTION C-2.04 OF THE TOMPKINS COUNTY CHARTER AND CODE — VACANCIES ON THE BOARD OF REPRESENTATIVES AND AUTHORIZING ITS SUBMISSION AS A PROPOSITION FOR 2002 GENERAL ELECTION MOVED by Mr. Lane, seconded by Ms. Kiefer. Mr. Booth said he will not support this resolution for reason he stated at the last Board meeting and were recorded in the minutes. Mr. Proto said he strongly opposes this and thinks the current process should remain intact. A voice vote resulted as follows: Ayes — 12, Noes — 3 (Representatives Booth, Proto, and Winch). RESOLUTION ADOPTED. WHEREAS, vacancies on the Board of Representatives are currently filled by appointments from Town Boards or City of Ithaca Common Council and the appointees serve until the next general election, and WHEREAS, the Board of Representatives believes that since members of the Board of Representatives are representatives of the people, vacancies should be filled by the electorate, and WHEREAS, a public hearing has been held before the Board of Representatives on August 6, 2002, to hear all persons interested in proposed Local Law No. 10 of 2002, now therefore be it RESOLVED, on recommendation of the Charter Review Committee, That Local Law No. 10 of 2002 — Amending Section C-2.04 of the Tompkins County Charter and Code — Vacancies on the Board of Representatives is hereby adopted, RESOLVED, further, That Local Law No. 10 of 2002 be submitted to the qualified voters of the County to vote in the manner prescribed by law at the General Election to be held on November 5, 2002, RESOLVED, further, That the form of the proposition to be submitted shall be as follows: PROPOSITION FOR ADOPTION OF A TOMPKINS COUNTY LOCAL LAW REGARDING THE FILLING OF VACANCIES ON THE BOARD OF REPRESENTATIVES "Shall Local Law No. f (10) of 2002 authorizing the County of Tompkins to amend its charter to provide that vacancies on the Board of Representatives shall be filled by special election by the voters be approved?" 260 August 6, 2002 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 twenty (20) days after approval of the electors file one certified copy in the office of the County Clerk, and one copy with the Secretary of State. SEQR ACTION: TYPE II -20 Report and Presentation of Resolution(s) from the Economic and Workforce Development Committee Mr. Lane, Chairman, reported the Committee met briefly this evening to discuss the resolution relating to the establishment of an Empire Zone. He thanked Martha Armstrong of TCAD and Representative Blanchard for their hard work on this item. Mr. Lane said last week TCAD held a meeting with municipal officials from all over the County where they worked on maps to designate areas in the County that should have economic development -zone status. These areas not only included the City of Ithaca, but also towns and villages outside of the City. He said the Committee was approached by Historic Ithaca with a request for the County to sponsor a grant application for the Main Street Program which could bring 50 percent funding to Historic Ithaca for restoration of the Clinton House roof. He said although the Committee was informed there was another application forthcoming, action was taken to move forward with this because the deadline for application submittal is August 12. RESOLUTION NO. 183 - AUTHORIZING A PUBLIC HEARING ON PROPOSED LOCAL LAW NO. 7 OF 2002 — AUTHORIZING THE COUNTY OF TOMPKINS TO MAKE APPLICATION FOR DESIGNATION OF CERTAIN AREAS WITHIN THE COUNTY OF TOMPKINS AS AN EMPIRE ZONE MOVED by Mr. Lane, seconded by Ms. Blanchard, and unanimously adopted by voice vote. WHEREAS, Section 961 of Article 18-B of the General Municipal Law has authorized an application by Tompkins County for designation as an Empire Zone within the meaning of said statute, and WHEREAS, such designation could greatly benefit the County in that new businesses would be encouraged to locate in the zone area, existing businesses would be encouraged to expand in the zone area, and new and expanded businesses would generate new jobs for County residents, now therefore be it RESOLVED, on recommendation of the Economic and Workforce Development Committee, That a public hearing be held before the Board of Representatives in Board Chambers of the Tompkins County Courthouse, 320 North Tioga Street, Ithaca, New York, on Tuesday, August 20, 2002, at 5:30 o'clock in the evening thereof concerning proposed Local Law No. 7 of 2002 — Authorizing the County of Tompkins to Make Application for Designation of Certain Areas Within the County of Tompkins as an Empire Zone. 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 -20 RESOLUTION NO. 184 — 2002 MAIN STREET NEW YORK DOWNTOWN DEVELOPMENT INITIATIVE GRANT FOR THE CLINTON HOUSE — HISTORIC ITHACA MOVED by Mr. Lane, seconded by Mr. Booth. Mr. Lane noted that this grant involves 50 percent matching funds and there is no local County commitment; the local match would be paid for totally by Historic Ithaca. There was a concern raised by Mr. Whicher that the Strategic Tourism 261 August 6, 2002 Planning Board had indicated they were also interested in submitting a grant application; however, he did not think they were aware of the August 12 deadline. Mr. Koplinka-Loehr stated he does not believe this precludes another application. He said the County could support two applications and figure out a way the money could be shared if they are both approved. A voice vote resulted as follows: Ayes — 15, Noes — 0. RESOLUTION ADOPTED. WHEREAS, the historic Clinton House is and has been a commercial anchor in the civic and arts life of downtown Ithaca's central business district from its construction in 1828 until the present, and WHEREAS, the Clinton House is now in need of exterior rehabilitation and repairs in order to continue in its vibrant role as a contributor to the City and County and provide an appropriate home for the downtown Tompkins County Ticket and Visitor's Center, and WHEREAS, the Tompkins County Board of Representatives supports the ongoing restoration efforts at the Clinton House, and WHEREAS, Historic Ithaca will fully fund the matching portion of this grant application and no direct funding will be required from the County, and WHEREAS, the proposed roof and exterior rehabilitation work needed at the Clinton House falls within the guidelines of the 2002 Main Street New York Downtown Development Initiative, now therefore be it RESOLVED, on recommendation of the Economic and Workforce Development Committee, That at the request of Historic Ithaca, the Tompkins County Board of Representatives will be the applicant for 2002 Main Street New York Downtown Development Initiative funds on behalf of the Clinton House. SEQR ACTION: TYPE II -20 Report from the Health and Human Services Committee Mr. Winch, Chairman, reported the Committee has not held a regular meeting since the last Board meeting. He stated they have met jointly with other committees and a report will be given by the chairs of those committees. Report and Presentation of Resolution(s) from the Information Technology Services Committee Mr. Winch, Chairman, reported the Committee has not met since the last meeting. RESOLUTION NO. 185 - AUTHORIZATION FOR PROGRAM RECONFIGURATION FOR INFORMATION TECHNOLOGY SERVICES MOVED by Mr. Winch, seconded by Ms. Robertson. Ms. Kiefer said this resolution was approved by the Committee via a telephone poll. She said if the Committee had met she would have urged that the GIS program be separated out as a separate program rather than dealing with the telecommunications portion of the budget. She said she voted against it when she was polled and will continue to vote against it this evening. A voice vote resulted as follows: Ayes — 14, Noes — 1 (Representative Kiefer). RESOLUTION ADOPTED. WHEREAS, the Information Technology Services Department is divided into two program areas under one Budgeting Unit known as Information Technology, and WHEREAS, the current program configuration includes a program known as "Telecommunications" that was created to assist in the acquisition of a telephone system, and WHEREAS, a telephone system has been established and current telecommunication activities involve multiple staff members in the coordination of telephone service, telephone programming, and maintenance issues, and 262 August 6, 2002 WHEREAS, there is no longer any local share for this program as all expenditures for equipment and service are billed to the appropriate County department, as are other Information Technology services, and WHEREAS, this service is not significantly different from other Information Technology services and there no longer appears to be a practical reason to isolate this as a separate program area, now therefore be it RESOLVED, on recommendation of the Information Technology Services Policy and Budget and Capital Program Committees, That Program Number 6105 Telecommunications be eliminated and any appropriations or revenue associated with this service be included in Program 6100 "Information Technology". SEQR ACTION: TYPE 11-20 Report and Presentation of Resolution(s) from the Public Works Committee Ms. Blanchard, Chair, reported the Committee met on August 1 and spent a great deal of time reviewing the Highway capital project status report. She reported on highlights of that discussion, and said the Committee is making a recommendation to the Budget and Capital Committee that the Ellis Hollow Road reconstruction project be delayed for five years. She reported on the Beach Road Bridge and stated there appears to be a mutually satisfactory arrangement moving forward with Historic Ithaca taking the lead in working with the Town on a course of action for the bridge. She reported the bid opening for the Lounsbery Road bridge will be August 27th with the Board awarding the bid at the first Board meeting in September. Ms. Blanchard said the Committee also spent time reviewing advisory board responsibilities and will be forwarding several recommendations to the Government Operations Committee. She also announced a two-day workshop will be held on the "Incident Command System 100/200 Series" at the Tompkins County Public Works Facility on September 9 and 10. The workshop will also include a Highway emergency task force presentation. The purpose of the workshop is to standardize incident management so that all the emergency responders speak a common language and have general accepted operating procedures during emergencies. She asked that Board members relay this information to their town and village officials. RESOLUTION NO. 186 - AUTHORIZING APPLICATION AND AGREEMENT FOR FEDERAL SECTION 5311 AND NEW YORK STATE TRANSPORTATION FUNDING FOR A CAPITAL PROJECT TO PURCHASE FOUR NEW BUSES AND FOUR VANS FOR RURAL ROUTES — TOMPKINS CONSOLIDATED AREA TRANSIT (TCAT) MOVED by Ms. Blanchard, seconded by Ms. McBean. Ms. Kiefer said she will vote against this because TCAT has still been unable to locate a source other than diesel busses. A voice vote resulted as follows: Ayes — 14, Noes —1 (Representative Kiefer). RESOLUTION ADOPTED. WHEREAS, Tompkins County is submitting a request for a grant of funds to the New York State Department of Transportation, pursuant to Section 5311, Title 49, United States Code, for a project to purchase four buses and four vans to operate Tompkins Consolidated Area Transit (TCAT) rural routes, and WHEREAS, TCAT rural routes serve the Towns of Ithaca, Ulysses, Enfield, Newfield, Danby, Caroline, Dryden, and Groton in Tompkins County and the Towns of Richford, Berkshire, and Newark Valley in Tioga County, and are operated by TCAT and under contract by Tioga Transport, Inc., and WHEREAS, two buses would be twelve-year, forty foot, low -floor diesel buses operated by TCAT and two seven-year, thirty-foot diesel buses and four vans would be operated by Tioga Transport, Inc., and WHEREAS, the Project funding sources are as follows: Federal Section 5311 $ 844,800 New York State Match $ 105,600 263 August 6, 2002 Tompkins Consolidated Area Transit Local $ 105,600 TOTAL $1,056,000 , and WHEREAS, Tompkins County and the State of New York are entering into an Agreement which authorizes the undertaking of the Project and payment of Federal and State shares of the project, now therefore be it RESOLVED, on recommendation of the Public Works Committee, That the Tompkins County Board of Representatives authorizes said application and agreement for this project and that the Contracts Coordinator/Risk Manager is authorized to sign the application, any and all Agreements between Tompkins County and the State of New York for the above named project, any and all Agreements between Tompkins County, and any third party subcontractors necessary to complete the project, if applicable, and any MunicipalityNendor contracts for the purchase and or installation of vehicles and equipment, RESOLVED, further, That TCAT's local share for this project will be provided as follows: $60,000 from TCAT and $45,600 from Tioga Transport (by lease with the County). SEQR ACTION: TYPE II -20 RESOLUTION NO. 187 - AUDIT OF FINAL PAYMENT NORTH TRIPHAMMER ROAD PROJECT — VARIOUS PROPERTY OWNERS MOVED by Ms. Blanchard, seconded by Mr. Winch. Mr. Proto asked if the list below had been cross-referenced with the Assessment Department to find out if any of these people are delinquent on County property taxes, and if they are is the County entitled to attach some of these monies to pay for those taxes. Mr. Squires said the only time there would be an automatic search would be if the County were purchasing a piece of property. He said this is a gray area because there are only three properties on this list where the County actually purchased a property; the remaining properties are where the County only purchased an easement which does not constitute a sale. However, he said he did look at that list and there were three parcels that had outstanding taxes but the County could only bring it to the attention of the individuals involved in the transaction. He said it is possible that the agreement could be withheld in exchange for payment of those taxes. Mr. Lane said there are several parcels contained in this resolution, of whose owners he has represented in his law practice in the past and requested permission to abstain from voting on this resolution. Mr. Joseph granted Mr. Lane permission to abstain from voting. Mr. Booth asked the length of a temporary easement; Mr. Wood didn't have a number but said it is only for duration of construction and is therefore short. A voice vote resulted as follows: Ayes — 14, Noes — 0; Abstentions — 1 (Representative Lane). RESOLUTION ADOPTED. WHEREAS, the ninety (90) parcel acquisitions as listed below (indentures and easements) were completed as authorized by Resolution No. 327 of 2001, for construction of the North Triphammer Road Rehabilitation and Bridge Replacement Project, now therefore be it RESOLVED, on recommendation of the Public Works Committee, That the following claim against the County of Tompkins, be and hereby is audited by the Board of Representatives: Vendor Various Property Owners Payment Request Account No. Amount Five (Final) HZ5103.53.01 $156,805.00 COUNT TAX MAP # ACRES TYPE STREET ADDRESS OWNER PRICE 1 37.1-2-31 0.025 PE 3036 N TRIPHAMMER RD AASEN, GERD H $ 1,000.00 2 37.1-6-3.36 0.006 PE N TRIPHAMMER RD ANDRITSAKIS, CONSTANTINE & DEMETRI $ 520.00 3 37.1-6-3.36 0.017 PE 4 37.1-6-3.36 0.010 TE 5 37.1-6-3.36 0.010 TE 6 37.1-6-3.36 0.017 PE 264 August 6, 2002 7 37.1-5-9 0.011 PE 2976 N TRIPHAMMER RD ASBURY ASSEMBLY OF GOD CHURCH $ 450.00 8 37.1-5-9 0.022 PE 2978 N TRIPHAMMER RD 9 37.1-5-3 0.038 PE 3016 N TRIPHAMMER RD ATWATER, CATHERINE M $ 1,050.00 10 37.1-5-3 0.029 PE 2980 N TRIPHAMMER RD 11 44.-1-29 0.069 PE 2633 N TRIPHAMMER RD AUMICK, DALE $ 2,250.00 12 42.-1-40 0.007 PE N TRIPHAMMER RD BUTLER, KARL D. $ 950.00 13 42.-1-40 0.170 TE 14 42.-1-40 0.040 TE 15 44.-1-27 0.044 PE 2645 N TRIPHAMMER RD CAMPBELL, MARSIELLE M $ 3,550.00 16 37.1-2-43 0.050 PE 3022 N TRIPHAMMER RD CAPALONGO, JOHN J & CAROLYN $ 1,300.00 17 37.1-4-8.1 0.028 FEE ASBURY ROAD CARVALHO, LUCIAN AND LINDA $ 500.00 18 37.1-4-2.13 0.056 PE 3007 N TRIPHAMMER RD CHAFEE, ROBERTA $ 2,900.00 19 37.1-6-3.2 0.004 FEE WATERWAGON RD CHATTERTON, KEITH L & NOREEN $ 3,400.00 20 37.1-6-3.4 0.188 FEE 21 44.-1-24 0.051 PE 2601 N TRIPHAMMER RD CORNELL UNIVERSITY $ 1,000.00 22 37.1-2-29 0.020 PE 3048 N TRIPHAMMER RD CREIGHTON, LAWRENCE J. & LEEANNE D $ 2,800.00 23 41.-1-18 0.047 PE 2761 N TRIPHAMMER RD DELVECCHICO, CHRISTINE $ 3,250.00 24 37.1-5-4 0.022 PE 3006 N TRIPHAMMER RD DIETERT, RODNEY B $ 350.00 25 37.1-4-19 0.140 PE 2929 N TRIPHAMMER RD EBERSOLD, EDWARD E & MARGARET $ 1,650.00 26 37.1-2-30 0.022 PE 3044 N TRIPHAMMER RD EDWARDS, DONALD E & MARIE $ 1,800.00 27 37.1-2-32.2 0.035 PE 3030 N TRIPHAMMER RD 28 42.-1-20 0.027 TE 2702 N TRIPHAMMER RD FERNANDEZ, DAVID $ 1,600.00 29 37.1-5-6 0.032 PE 2996 N TRIPHAMMER RD FRANKLIN, JOSEPH J $ 1,700.00 30 40.-2-25 0.053 PE 2 ASBURY DR GOSNELL, SUSAN C $ 3,200.00 31 37.1-2-25 0.026 PE 3064 N TRIPHAMMER RD HILLARY, KENNETH D & VICKI C $ 1,600.00 32 40.4-1 0.021 PE ASBURY DR HUMMEL, JOHN A. & AUDREY H. $ 3,000.00 33 37.1-4-8 0.021 FEE 2939 N TRIPHAMMER RD IRVINE, SUSAN $ 2,900.00 34 44.-1-26 0.008 PE 2651 N TRIPHAMMER RD JORDAN, DOROTHY A $ 1,000.00 35 37.1-2-26 0.021 PE 3060 N TRIPHAMMER RD KIRK, PHILLIP E & LILLIAN $ 4,450.00 36 44.-1-28 0.041 PE 2641 N TRIPHAMMER RD LESKINEN, DAVID $ 2,500.00 37 37.1-3-18 0.061 PE 3077 N TRIPHAMMER RD MC KANE, JAMES R & LOIS $ 3,000.00 38 37.1-4-2.12 0.009 PE 2991 N TRIPHAMMER RD MIKULA, EDWARD & MARY JANE $ 1,000.00 39 37.1-4-2.12 0.053 PE 40 41.-1-20 0.039 PE 2767 N TRIPHAMMER RD MILLER, LORETTA J $ 1,600.00 41 44.-1-25 0.004 PE 2661 N TRIPHAMMER RD MILLIGAN, ARTHUR F & CATHERINE $ 1,000.00 42 37.1-8-13.1 0.031 FEE N TRIPHAMMER RD MOOLIN, STEVEN & CHRISTINE $ 800.00 43 37.1-6-3.35 0.014 PE 44 41.-1-17 0.036 PE 2759 N TRIPHAMMER RD NEIGH, ROBERT $ 600.00 45 41.-1-23 0.028 PE 2783 N TRIPHAMMER RD NENO, JAMES $ 2,700.00 46 37.1-2-24.21 0.027 PE N TRIPHAMMER RD NEWTON, JAMES L. $ 400.00 47 41.-1-16 0.022 PE 2703 N TRIPHAMMER RD PAIGE, HENRY E $ 1,500.00 48 44.-1-3.2 0.004 PE 2665 N TRIPHAMMER RD PO FAMILY LIMITED PARTNERSHIP $ 450.00 49 37.1-4-7 0.045 PE 2963 N TRIPHAMMER RD POOLE, DIANE B $ 4,700.00 50 37.1-2-23.1 0.039 PE 3100 N TRIPHAMMER RD RENDANO, VICTOR T JR $ 1,550.00 51 37.1-4-6 0.036 PE 2957 N TRIPHAMMER RD RENDANO, JOYCE $ 2,100.00 52 37.1-4-2.11 0.058 PE 2989 N TRIPHAMMER RD SCRIVANI, PETER $ 1,450.00 53 42.1-1-43 0.004 PE 2600 N TRIPHAMMER RD SWENSON, JOAN $ 1,100.00 54 41.-1-19 0.048 PE 2765 N TRIPHAMMER RD TARBOTTON, JOHN E $ 2,350.00 55 44.-1-30 0.147 PE 2619 N TRIPHAMMER RD THURSTON, BETTY $ 4,050.00 56 37.1-2-27 0.022 PE 3056 N TRIPHAMMER RD TURCSIK, STEPHEN A $ 2,350.00 265 August 6, 2002 57 37.1-2-24.2 0.025 PE N TRIPHAMMER RD VARGA, STEPHEN G JR & WENDY J S 400.00 58 37.1-4-2.7 0.034 PE 2967 N TRIPHAMMER RD WERNER, DONALD R S 1,250.00 59 37.1-5-5 0.023 PE 3000 N TRIPHAMMER RD WHITE, SANDRA N $ 850.00 60 40.4-14.4 0.662 FEE TRIPHAMMER TERR YOUNG, JOHN F & BARNETT, SUSAN $ 7,200.00 61 37.1-5-8 0.055 PE 2990 N TRIPHAMMER RD ZIFCHOCK, CARL S & SHARY $ 1,850.00 62 37.1-8-13.2 0.005 FEE 2936 N TRIPHAMMER RD LUCAS, CHARLES JR. & KENYANN S 200.00 63 37.1-8-13.2 0.027 TE 64 37.1-3-1.2 0.182 PE 3109 N TRIPHAMMER RD TOWN & COUNTRY HOME CTRS $ 11,200.00 65 41.-1-15.12 0.040 PE N TRIPHAMMER RD UBER, JOHN & CAROL S 550.00 66 40.-1-1.1 0.162 PE N TRIPHAMMER RD VAUGHAN, JILL $ 5,150.00 67 37.1-3-46 0.140 PE 3015 N TRIPHAMMER RD FIELDS, CHARLES E & MELISSA $ 4,200.00 68 37.1-346 0.014 PE 69 37.1-348 0.044 PE 3041 N TRIPHAMMER RD DUNSMORE, KATHERINE J. S 2,700.00 70 42.1-142 0.005 PE 2608 N TRIPHAMMER RD LIN, KENNETH C. S 1,100.00 71 42.-1-14 0.028 PE 2758 N TRIPHAMMER RD $ 470.00 72 42.-1-14 0.028 PE 73 37.14-2.8 0.093 PE 2981 N TRIPHAMMER RD LOWERY, NANCY D S 2,150.00 74 37.1-347.2 0.029 PE N TRIPHAMMER RD CLEVELAND, MALVERN E & BEVERLY B S 500.00 75 41.-1-25 0.043 PE N TRIPHAMMER RD BARR, LOUISE M. S 1,200.00 76 37.1-3-50 0.048 PE 3049 N TRIPHAMMER RD SPENCER, JAMES R & KIMBERLY A $ 1,250.00 77 37.1-3-51 0.045 PE 3053 N TRIPHAMMER RD FRANZISKA RACKER CENTER $ 3,800.00 78 41.-1-29.3 0.048 TE N TRIPHAMMER RD STEVENS, JOHN A. S 100.00 79 41.-1-29.2 0.013 TE N TRIPHAMMER RD STEVENS, JOHN A. & HEATHER $ 150.00 80 37.1-347.1 0.034 PE 3031 N TRIPHAMMER RD RANKIN, KEVIN & SCHOENER, JEANA $ 1,350.00 81 37.1-3-53 0.035 PE 3057 N TRIPHAMMER RD LITTLEFAIR, ALAN & BARBARA $ 2,225.00 82 37.1-3-54 0.035 PE 3061 N TRIPHAMMER RD MANCIL, ALAN J & REEVES, ROBIN $ 550.00 83 37.1-3-56 0.054 PE 3069 N TRIPHAMMER RD MC GIFF, THOMAS & MARYLOU $ 2,450.00 84 37.1-3-55 0.036 PE 3065 N TRIPHAMMER RD SUNDERLIN, RODNEY & HELEN $ 1,800.00 85 37.1-5-10 0.018 PE 2958 N TRIPHAMMER RD MARSHALL, CHRISTOPH P. $ 2,600.00 86 37.1-2-28 0.023 PE 3052 N TRIPHAMMER RD VOVK, DIMITRY, & SVETLANA $ 4,900.00 87 37.14-1 0.072 PE 2999 N TRIPHAMMER RD VANDEVELDE, HENRY & ESCALONA, GLORIA $ 4,850.00 88 40.4-14.11 0.235 PE N TRIPHAMMER RD RONSVALLE, RON $ 4,600.00 89 42.-1-15 0.066 PE N TRIPHAMMER RD PARK, CHARL HO $ 1,840.00 90 42.-1-16.2 0.075 TE SEQR ACTION: TYPE II -20 RESOLUTION NO. 188 - AUDIT OF FINAL PAYMENT - GENERAL AVIATION (GA) RAMP EXPANSION - FAHS ROLSTON PAVING CORPORATION - ITHACA TOMPKINS REGIONAL AIRPORT MOVED by Ms. Blanchard, seconded by Mr. Booth, and unanimously adopted by voice vote. WHEREAS, Fahs Rolston Paving Corporation has completed their construction contract of the General Aviation (GA) Ramp Expansion for the Ithaca Tompkins Regional Airport, now therefore be it RESOLVED, on recommendation of the Public Works Committee, That the following claim against the County of Tompkins, be and hereby is audited by the Tompkins County Board of Representatives: 266 August 6, 2002 Vendor Payment Requested Account No. Amount Fahs Rolston Paving 4 (and Final) HT.5601.59239 $34,272.42 Corporation RESOLVED, further, That the Director of Finance be and hereby is authorized and directed to pay said claim from Account No. HT.5601.59239. SEQR ACTION: TYPE II -20 RESOLUTION NO. 189 - AUTHORIZATION TO EXECUTE CONSTRUCTION FUNDING AGREEMENT WITH NEW YORK STATE DEPARTMENT OF TRANSPORTATION — BROOKTONDALE BRIDGE, BIN 3314100 (LOUNSBERY ROAD) MOVED by Ms. Blanchard, seconded by Mr. Proto, and unanimously adopted by voice vote. WHEREAS, a Project for the "Brooktondale Bridge" over Six -Mile Creek, BIN 3314100, P.I.N. 375319, (the Project) in the Town of Caroline, is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs of such program to be borne at the ratio of 80 percent Federal funds and 20% non-federal funds, and WHEREAS, Resolution No. 248 adopted on October 19, 1999, approved the Project and authorized execution of an agreement with the NYS Department of Transportation regarding administration and funding of Scoping, Design (Phases I -VI) and ROW Incidentals, 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 Construction, Construction Inspection and Supervision, and WHEREAS, in order to expedite advancement of the Project and realize potential total project cost reductions, the New York State Department of Transportation requires the County to appropriate one hundred (100%) percent of the project costs and then file for reimbursement of eligible costs, now therefore be it RESOLVED, on recommendation of the Public Works Committee, That Tompkins County Board of Representatives hereby approves the above -subject project and authorizes the County of Tompkins to pay in the first instance one hundred (100%) percent of the federal and non-federal share of the costs of Construction, Construction Inspection and Supervision work for the subject Project or portions thereof, RESOLVED, further, that the sum of $780,000 is hereby made available within account HZ5103.59239.53.07, Brooktondale Bridges Capital Project Account, to cover the cost of participation in the Construction 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 Tompkins County 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 the Tompkins County Highway Manager be and is hereby authorized to execute all necessary Agreements, certifications and 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 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, 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 Project, RESOLVED, further, That this resolution shall take effect immediately. SEQR ACTION: TYPE II -20 267 August 6, 2002 Report and Presentation of Resolution(s) from the Planning Committee Ms. Kiefer, Chair, reported the Committee met jointly with the Health and Human Services Committee on July 18 to consider the neighbor pesticide notification law. She said there was a good representation of interested parties and speakers from lawn -care associations as well as individuals with agriculture interests. She said although the law does not deal with farmers there is suspicion that it may be extended to farmers. At the conclusion of the meeting the Planning Committee discussed the need to obtain additional information about the costs that this law has incurred in those counties that have already adopted it. She said there was some interest in fmding out why the lawn -care representatives feel it will cost them more. Ms. Kiefer said the alternative to this has been described as having a voluntary register and they have listened to people both in favor of and in opposition to that. Ms. Kiefer said there have been requests that there be an evening meeting to hear from individuals who were not able to attend and they will be looking into scheduling this. Ms. Kiefer reported the Planning Committee heard from the Environmental Management Council at their regular meeting that followed the joint meeting on July 18th about the emissions reduction resolution that appears on the agenda. The Committee also discussed the solar panels at the Tompkins County Public Library and energy that is generated when the Library is closed in the summer. She said the County does not receive payment for the energy that is generated during this time and supplied to the power grid and she has asked the County Attorney to consider how to approach negotiating this item. The Committee also discussed a way to structure the Commercial Center Revitalization Program and having the Planning Department deliver technical services to municipalities. Commissioner Marx is continuing to work on the County's SEQR procedures and the Committee will discuss this at the next meeting on August 15. Ms. Kiefer said the Committee will also discuss oil and gas leases at that meeting. RESOLUTION NO. 190 - MAKING A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE IN RELATION TO RESOLUTION NO. 191 OF 2002 MOVED by Ms. Kiefer, seconded by Mr. Penniman, and unanimously adopted by voice vote. WHEREAS, in Resolution No. 191 of 2002 the County establishes an emissions reduction target for County operations, and WHEREAS, the Tompkins County Board of Representatives has reviewed and accepted as adequate an Environmental Assessment Form with respect to that action, now therefore be it RESOLVED, on recommendation of the Planning Committee, That Resolution No. 191 of 2002 is an unlisted action, RESOLVED, further, That the Board of Representatives hereby makes a negative declaration of environmental significance in regard to Resolution No. 191 of 2002. SEQR ACTION: UNLISTED (Short Environmental Assessment Form on File in Clerk of the Board's Office) RESOLUTION NO. 191 - RESOLUTION ESTABLISHING AN EMISSIONS REDUCTION TARGET FOR COUNTY OPERATIONS MOVED by Ms. Kiefer, seconded by Mrs. Schuler. Mr. Proto asked if the County would be making a funding commitment without knowing what that commitment is, and if the County does not follow through on it how that would look. He also asked if this is the right thing to do without knowing what the cost would be in this difficult budget year. Ms. Kiefer said she thinks this is the right thing to do because anything that is likely to be done in this action plan will likely cut the County's costs for utilities. She believes it will save the County a significant amount of money. Mr. Marx, Planning Commissioner, said there are no funds in the Planning Department's budget to support this and any support from the Environmental Management Council would be the normal type of support that is given with the 268 zrr August 6, 2002 possibility of utilizing an intern to support this. A voice vote on the resolution resulted as follows: Ayes —15, Noes – 0. RESOLUTION ADOPTED. WHEREAS, on April 4, 2001, Tompkins County adopted Resolution No. 69 of 2001 to participate in the Cities for Climate Protection (CCP) Campaign, a project of the International Council on Local Environmental Initiatives (ICLEI), and WHEREAS, the Cities for Climate Protection campaign is a voluntary program for municipal governments to identify sources of greenhouse gas emissions within their jurisdictions, identify opportunities and implement a proactive approach to combating global warming at the local level by working through five milestones: 1. Conduct a local emissions inventory and forecast of greenhouse gas emissions, 2. Adopt an emissions reduction target, 3. Draft a Local Action Plan to achieve the target, 4. Implement the action plan, 5. Evaluate and report on progress, and WHEREAS, in September 2001, Tompkins County reached Milestone 1 of the CCP campaign by completing a county -wide inventory of greenhouse gas emissions for the base year of 1998, that includes separate information on county government contributions, known as The Tompkins County Greenhouse Gas Emissions Inventory Report, and WHEREAS, Milestone 2 includes setting a specific greenhouse gas emissions reduction goal for equivalent carbon dioxide (eCO2) by a designated year, based on the emissions inventory report, and WHEREAS, there is mounting evidence of the magnitude of the global warming problem, including - six of the ten hottest years in the United States have occurred since 1992; - the World Meteorological Organization reports that, globally, the 1990s comprised the warmest decade on record; - ICLEI projects that average temperatures in New York State will rise between 4 and 9 degrees by 2100, and WHEREAS, ICLEI indicates a 20 percent reduction goal is both an achievable and significant target for county government operations, and that goal has been adopted by a majority of other municipal governments participating in the CCP program, and WHEREAS, Tompkins County can refine its reduction target as it develops the Local Action Plan, and WHEREAS, reductions in County energy use will not only reduce emissions but also save taxpayer money, and WHEREAS, this initiative by Tompkins County Government can be used as an example for community -wide efforts to reduce greenhouse gases in the future, now therefore be it RESOLVED, on recommendation of the Planning Committee, That the County Board of Representatives adopt the following goal: Tompkins County will, by 2008, reduce its emissions of greenhouse gases generated by county operations by 20 percent (as measured by eCO2) compared to the base year of 1998, RESOLVED, further, That Tompkins County will promptly develop a Local Action Plan (Milestone 3) to achieve the target, RESOLVED, further, That when the Action Plan has been developed, the reduction target may be adjusted appropriately. SEQR ACTION: UNLISTED (Short Environmental Assessment Form on file in the Clerk of the Board's Office) Report from the Government Operations Committee Mr. Koplinka-Loehr, Chairman, reported the Committee has not met since the last Board meeting. The next meeting will be August 13 at 11:30 a.m. He said the Committee will be asking the Personnel Commissioner to provide feedback as to what the Civil Service implications are as the County 269 August 6, 2002 deliberates reducing the County's workforce. At that meeting the Committee will have a report from the Board of Elections and the Public Information Advisory Board. Mr. Koplinka-Loehr said Committee chairs have received information on existing vacancies on County advisory boards and asked that they follow-up on the process of filling those vacancies. Report and Presentation of Resolution(s) from the Budget and Capital Committee Mr. Penniman, Chairman, reported the Committee met on July 23 and reviewed several resolutions that appeared on this evening's agenda. There was also a lengthy discussion of the Capital program with a focus on public works projects. The Committee also met briefly today and discussed the New York State Department of Transportation Relocation Project. Mr. Penniman said the increase in Medicaid cost averages out to approximately a $45 increase per person in Tompkins County. He said this is the first part of the budget that will need to be addressed. He said a meeting was held today with committee chairs to discuss budget process issues. The Board also received a memo from the Personnel Commissioner that outlines the cost of layoffs; the memo highlights the cost of unemployment and health insurance. RESOLUTION NO. 192 - AMENDMENT TO THE 2002 CAPITAL PROGRAM — NEW YORK STATE DEPARTMENT OF TRANSPORTATION RELOCATION MOVED by Mr. Penniman, seconded by Mr. Booth. Mr. Proto expressed concern about plowing roads in the winter and asked if getting vehicles from this new site to the southern end of the County would take longer. Ms. Blanchard said this is one of the questions that will be looked at as well having an "outpost" at the Bostwick Road facility where they might dispatch immediate service from that end of the County. A voice vote resulted as follows: Ayes —15, Noes — 0. RESOLUTION ADOPTED. WHEREAS, Resolution No. 305 dated December 19, 2000, established the County's interest in effecting the relocation of the New York State Department of Transportation Maintenance Facility from its present location on the waterfront to a more appropriate site thereby freeing the lakefront property for uses that would be enhanced by a waterfront location, and WHEREAS, County staff, Tompkins County Area Development staff, and municipal leaders have worked for many months to identify a location that would meet the needs of New York State Department of Transportation and the host municipality, and WHEREAS, the Town of Dryden has identified a site north of the Village of Dryden that is acceptable to all parties and can conveniently be served by public utilities, and WHEREAS, Senator James Seward has secured $3.0 million in the 2002-2003 State Budget to support this project supplemented by New York State Department of Transportation funds of approximately $700,000, with possible additional funding anticipated from the sale or lease of the existing property on Third Street, and WHEREAS, it will be the County's responsibility to effect the development of a site and facility to meet Department of Transportation requirements, and WHEREAS, the City of Ithaca has entered into a general agreement with the National Development Council (NDC) with regional offices in New York City and Binghamton enabling the County to utilize consulting services offered by the NDC to refine the scope and budget for this project, now therefore be it RESOLVED, on recommendation of the Communications Capital Projects and Budget and Capital Committees, That the 2002 Capital Program be amended to reflect the New York State Department of Transportation Relocation Project, and RESOLVED, further, That the County Attorney is authorized to pursue and secure an option on the identified property north of the Village of Dryden and to work with County Planning staff, Tompkins County Area Development staff, City representatives, and NDC to refine this project and develop a defmitive budget for inclusion in the 2003 capital program, RESOLVED, further, That the Director of Finance be authorized and directed to make the following budget adjustment for 2002 enabling the County to meet consulting and design expenses, and 270 August 6, 2002 any expenses needed for appraisals or options with up to a maximum of $50,000 to be expended in 2002, subject to full reimbursement by the State of New York: APPROPRIATION: Capital — NYS DOT Project $3,700,000 REVENUE: New York State Senate $3,000,000 NYS Department of Transportation $ 700,000 SEQR ACTION: TYPE II- 20 Report and Presentation of Resolution(s) from the Public Safety Committee Mrs. Schuler, Chair, reported a DWI Victim Panel was held in the Main Courtroom recently and was attended by 58 individuals. She reported the Committee met August 1 and heard a report from the Sheriff on Jail statistics and also received a Canine report. She stated the Committee approved a change in name for the Probation Department and will forward the recommendation to the Charter Review Committee. At the meeting the Committee was presented with statistics from the Community Justice Center. The Director of Emergency Response reported the RFP for the radio systems are due back August 19th and he is also working with T.G. Miller on surveys and other matters. She reported OAR submitted a monthly report and said although the population at the Jail is low, OAR services are still in demand. That agency continues to work closely with the Sheriff on the Transition program. Following the regular meeting the Committee met jointly with the Health and Human Services Committee to discuss a program evaluation on the Family Treatment Court, Felony Drug Court, and the Day Reporting Program. One of the things that was emphasized during that discussion was the importance of a team approach. Mrs. Schuler announced the next Drug Court graduation ceremony will be held on August 27 at 3 p.m. RESOLUTION NO. 193 - APPROPRIATION FROM CONTINGENT FUND FOR TERMINAL AND REPLACEMENT PAY AT THE SHERIFF'S DEPARTMENT MOVED by Mrs. Schuler, seconded by Ms. Herrera. A short roll call vote resulted as follows: Ayes —15, Noes — 0. RESOLUTION ADOPTED. WHEREAS, the Sheriff's Office had an employee, Lynn Watros, retire effective June 14, 2002, at a cost of $13,759 for terminal pay, and WHEREAS, the Sheriff's Office has had four employees who were on compensation and unable to perform their duties, and WHEREAS, the Fiscal Policy of Tompkins County allows reimbursement from the Contingent Fund for terminal pay and replacement pay for employees who have been out longer than two months, now therefore be it RESOLVED, on recommendation of the Public Safety and the Budget and Capital Committees, That the Director of Finance appropriate a total of $13,759 for terminalpay for Lynn Watros, and $52,760 for replacement pay, for the period of January 1, 2002 through June 30, 2002, RESOLVED, further, That the money be distributed to the following accounts: FROM: A1990.54440 Contingent Fund $66,519 TO: Civil A3113.51000412 Regular Pay $21,994 A3113.58800 Fringe $ 5,718 Uniform A3113.51000419 Regular Pay $14,350 A3113.58800 Fringe $ 5,156 Corrections A3150.51000406 Regular Pay $13,898 A3150.58800 Fringe $ 5,403 SEQR ACTION: TYPE II -20 271 August 6, 2002 Report from the Communications Capital Projects Committee Ms. Blanchard, Chair, reported the Committee met on July 23 and discussed the New York State Department of Transportation Relocation Project. The Committee received a brief update on the paging project and she expects the Committee will need to convene prior to the next Board meeting to approve the authorization of a contract extension for United Radio. Ms. Blanchard said the Committee also discussed the 911 building project and heard from the County Administrator on activities being undertaken by the Village of Lansing. She announced a meeting will be held at 10 a.m. on August 23 for the building committee. She said they continue to work with the Federal Aviation Administration, Village of Lansing, the Cornell Business and Technology Park, and the Department of Environmental Conservation on the project. The Committee also discussed the Public Safety Communications System RFP and expect replies on August 19. The next meeting will be August 27th; however, that may need to be rescheduled. Mr. Penniman was excused at 8:00 p.m. Report from the Fiscal Management Committee Mr. Joseph, Chairman, reported the Committee canceled its last meeting because there were no position requests. The next meeting will be August 9`h. Report from the Space Needs and Location Committee Mr. Joseph, Chairman, reported the Committee has not met since the last Board meeting. Report from the Public Safety Building Space Planning Committee Mr. Joseph, Chairman, reported there have been seven responses to the Request for Proposals. The Committee will be reviewing them before selecting ones to include in an interview process. Approval of Minutes of July 16, 2002 It was MOVED by Ms. Robertson, seconded by Mr. Booth, and unanimously adopted by voice vote by members present, to approve the minutes of July 16, 2002 as submitted. MINUTES APPROVED. Adjournment On motion the meeting adjourned at 8:05 p.m. 272 August 20, 2002 Regular Meeting Public Hearing - Proposed Local Law No. 7 of 2002 — Authorizing the County of Tompkins to Make Application for Designation of Certain Areas within the County of Tompkins as an Empire Zone Mr. Lane, Vice Chair, called the public hearing to order at 5:30 p.m. concerning proposed Local Law No. 7 of 2002 - Authorizing the County of Tompkins to Make Application for Designation of Certain Areas within the County of Tompkins as an Empire Zone, and asked if anyone wished to speak. No one wished to speak and the public hearing was closed at 5:31 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: 11 Representatives. Excused: 4 (Representatives Blanchard, Joseph, Koplinka-Loehr, and Winch). Privilege of the Floor by the Public The following individuals were present and urged the Board to continue funding and support for the Tompkins County Youth Bureau Outings Program: Ryan Clover -Owens, Ithaca Jon Raimon, Ithaca Dan Flerage, Town of Enfield Wypkelien Steenhuis, Ithaca Monica Bosworth, on behalf of Sarah Siebert, Town of Ithaca Lingjie Ment, City of Ithaca Zlanweah Morke, City of Ithaca Si Xiao Chen, City of Ithaca Wendy Crossway, Town of Ithaca Jim Barry, Spencer Arne van Leuken, City of Ithaca Nat Ferriss, City of Ithaca Cindy Smalt, Townof Caroline Desiree Ross, Town of Caroline Carly Hodes, City of Ithaca Ken Smalt, Town of Caroline Privilege of the Floor by Board Members Mr. Penniman, District No. 15 Representative, thanked the young people and others for coming and not only highlighting the Outings Program but being able to speak on live television, showing the self-confidence gained. He then spoke how this budget year is an unprecedented situation and that to maintain programs currently funded would require a fifty percent increase in the tax levy. Mr. Penniman explained that several months ago departments and agencies were requested to submit a proposed budget with a twenty percent cut. In the case of youth programs, the County Youth Board made a decision that rather than cut every program, causing all to be stretched to thin, they chose to take a large program and eliminate it. He said the Board of Representatives will review their proposed decision to cut the Outings Program more closely during the budget process. Ms. Robertson, District No. 13 Representative, thanked Mr. Penniman for explaining the budgetary process. She said that the Youth Board decision to cut the program was not a reflection on the 273 August 20, 2002 staff of the program who obviously have worked hard and made a difference to many youth. She said she was at the Sciencenter today welcoming representatives of Congressman Boehlert who will be representing a portion of Tompkins County starting January 2003. She reminded people of the Sciencenter and the wonderful activities for everyone available there and encouraged them to visit. Next, she reported that the Orange Tree Theater Company will be having their final program for the summer, "Breathing Among the Tulips." This production is taking place Wednesday, August 21, through Saturday, August 24, at the Hangar Theatre. She said it starts at 9:30 p.m. and is an outdoor production. This production deals with mental illness and other issues, written by Kyle Jarrow, an Ithaca youth, and is performed by students under the age of 19. Ms. McBean, District No. 2 Representative, said that as a former teacher she is always impressed when young people come forth and speak so eloquently and she appreciates it. She expressed her appreciation on their speaking up for the program and indicated it speaks volumes of the enjoyment they have had and how they feel it is important for others to share in the experience. Next, Ms. McBean said that Representative Proto approached her prior to the meeting and shared a statement that moved her; he had said that he did not envy her in relation to the situations recently occurring to individuals of color in Ithaca and wanted to reach out. She informed the Board and public that on Thursday, August 22, 2002, there is a Unity Gathering in the Ithaca community. This Gathering is to strive to portray peace and unity in the community to assist in dealing with the issues of racism, fear, abuse, power and the like. There will be numerous speakers at this function that will start at the small pavilion on the Ithaca Commons at 6:30 p.m. and proceed to the Greater Ithaca Activities Center (GIAC). Ms. McBean said that this was done two years ago when similar circumstances took place and was very successful in assisting with a healing process. Mr. Booth, District No. 3 Representative, thanked the students who spoke about their Outings Program. He said that their comments not only spoke of the program but will help viewers to understand better the present budget situation. He said that other programs will be affected during this budgetary process and that it is important to remember that nothing is free. Although students referred to the Outings Program as free, there is always a cost attached in some form, either directly or indirectly through the taxes paid. He noted that the student's comments help focus the types of trade-offs that will be made over the course of time. Mr. Proto, District No. 7 Representative, said he had two items to speak of. He expressed a concern that recently there have been several resolutions that are not acted upon until just prior to the regular Board meeting. While he realizes that due to the number of meetings requiring attendance this sometimes can occur, he's concerned that as the budget process continues forward some resolutions may require a more thorough review of information in order to make a valid decision. He asked that individuals make every effort to allow more lead time for review prior to voting on resolutions. Next, Mr. Proto inquired about the validity of the County Ethics Board handling a matter before them dealing with City of Ithaca Officials. Mr. Wood addressed this question during the County Attorney's report. Mr. Todd, District No. 6 Representative, noted that the original Ethics Committee was formed in 1973 and that at that time was headed by a former Board member. At that time they were charged with the responsibility of a question regarding Tompkins Cortland Community College. Next, Mr. Todd spoke of discussions with the Assessment Department. He said that it appears that there is approximately 3.5 percent increase in total taxable evaluation in Tompkins County. He explained his reluctance to consider increases in the budget due to real property tax increases. He noted his district has had an approximate 11.2 percent increase in assessment over the past two years. Mr. Lane, District No. 14 Representative, spoke of his visit to a local food pantry in Enfield. He said that the individuals were mainly elderly individuals, along with many under -employed, single women with children, some of whom are receiving a form of public assistance. Mr. Lane said that in the nine years on the Board he has found it is not an easy task to create new jobs as a result of many different 274 August 20, 2002 factors including lack of funds, competition from other areas of the country, and the like. He noted that many of the individuals participating at the food distribution indicated the need for a Wal-Mart. They felt that it was needed for both employment and economical shopping. Mr. Lane said that these individuals need to be considered when working on economic development in the future. Report from Municipal Official No municipal official was in attendance. Chair's Report Mr. Lane, Vice Chair, spoke of an unfortunate situation that occurred earlier this week and said the following: "We did have a sad event happen this week. One of our own experienced a severe loss and that was our Deputy Clerk, Michelle Pottorff, who is not here tonight. Larry Pottorff, her husband, had fought a valiant fight against a terrible disease that had racked his body for too long a period of time. We were very proud of Michelle and their son Joshua throughout a long ordeal. "He has passed away and we would like to have a moment of silence tonight, so I would ask everyone to keep Larry Pottorff, Michelle and Joshua in their thoughts." Report from the County Administrator Mr. Whicher thanked John Beach and Robert Hillick for their service in Tompkins County. Both have announced their retirements and the Board will be passing resolutions to support them. Mr. Whicher commented on the outstanding work done for a very long period and congratulated them on their retirement. Mr. Whicher stated that he had thought of a way to express where the budget increase is in a manner easier to understand than percentages. He indicated that it appears there will be an increase in the County tax bill of approximately $125 per median household. Mr. Whicher noted that when the proposed budget comes before the entire Board he will have his recommendations noted, stating that he will have made many tough choices. He said that the choices that will then have to be made by the Board will be extremely difficult as there will not be much left to cut out after all the years of tight budgets. Mr. Whicher then responded to Mr. Todd's statement about the increased assessments for Lansing. He wanted individuals to understand that at the State level there is a major shift from income tax to real property tax. This shift is intended and is being done carefully and methodically. He said some areas will have larger tax increases on their property, many of which are the wealthiest part of the County. He said that conversely these same individuals could reap a higher benefit in the lower income tax that is occurring. Mr. Proto said that in the past he and former representative Beverly Livesay had from time to time attempted to sponsor resolutions that would initiate a local income tax; and that it was not taken seriously. He inquired whether it was possible to research the possibility of a local income tax to shift a portion of the burden from real property taxes. Mr. Whicher said it would be a Board decision and perhaps an issue the County Attorney would need to advise on. Mr. Lane suggested the matter be taken to the Budget and Capital Committee. Mr. Booth stated that with regard to the increase in County taxes of $125 on a median home it is important to recognize that it would be part of a substantial real property tax bill, of which school taxes are a significant portion. He also said that many individuals do not realize that although they may not receive a bill directly, they pay property taxes as a portion of rent or other means. 275 August 20, 2002 Report from the County Attorney Mr. Wood responded to the earlier question posed by Mr. Proto with regard to the Ethics Advisory Board. Under New York State General Municipal Law there is a provision that Counties and Municipalities can establish Ethics Boards and complaints can go to these Boards regarding officials of the municipality. If within a county there is a municipality without an Ethics Board then the complaints appropriate to that municipality go to the County's Ethics Board. Mr. Wood further stated that the complaint has to be made by an official of the municipality regarding other officials. The complaint in question was brought forth in this manner, and it was the City Attorney who suggested referral to the County Ethics Advisory Board. Report from the Finance Director Mr. Squires said that the recently announced bankruptcy filing made by US Air will be closely followed. Although logically it will have a potential impact on the revenue of the airport, it is too soon to know to what extent. Since a good portion of the debt service of the airport is related to passenger use at the airport through flight taxation it will require monitoring the situation for the remainder of the year. Mr. Squires expanded on the bankruptcy filing and said that the airline is obligated to pay in full everything from the filing date forward; however there are some receivables pending from before that date that may be effected. Ms. Robertson inquired whether the bankruptcy filing would possibly create a better financial situation for the airlines in the future. Mr. Squires said at the present time the industry is not in a favorable position regarding contractual negotiations including rents; that many communities are offering to pay airlines to utilize their facilities. Mr. Proto said it might assist individuals understanding of the situation by defining what the Chapter 11 reorganization bankruptcy provides. Mr. Squires said that the driving force in this bankruptcy was to provide the airline with the ability to renegotiate their airplane leases. He said it is hopeful that the airline will continue to honor their obligation to the County, which is in contractual form, not debt owed. Report from County Staff Ms. Skinner, Public Information Officer, spoke of the opportunities for public input in the budget process. She would like to have a public forum on September 24, 2002. This forum would be publicized as well as having individual invitations sent to members of the community. She indicated that it would start with a fifteen to twenty minute description of the budget with a question and answer period to follow. Ms. Skinner suggested that prior to the public hearing required to take place in November that another meeting be held in late October to provide details of the budget. Mr. Proto said that past practice involved round table discussions and inquired if it would be the same. Ms. Skinner said the Public Information Advisory Board felt that groups would be good, but with no obligation for Board members to sit with any particular group. They felt that perhaps Board members being able to respond to any one of the groups as well as listen to a variety of opinions would be good. Mr. Todd said that he would like to be certain that the meeting date and location are provided to the media. Mr. Penniman said that he has been approached by the Chamber of Commerce to request an informational meeting similar to last year's. They are suggesting this take place in October and Mr. Penniman felt it would be worthwhile to hold this meeting prior to the larger informational meeting. He said the format utilized in the past is the Program Committee Chairs providing an overview of their portion of the budget with questions following. 276 August 20, 2002 Additions of Resolution(s) from the Agenda On motion and duly seconded and unanimously adopted by voice vote by members present, the following resolutions were added to the agenda: • Authorization for Early Retirement — Health Department and STOP -DWI • Negative Declaration for Resolution No. 205 of 2002 Withdrawal of Resolution(s) from the Agenda Vice Chair Lane gave Mr. Proto, Vice Chair of the Charter Review Committee, permission to withdraw the following resolution: • Intent to Change the Name of "The Board of Representatives" to the "Tompkins County Legislature" Resolution(s) Approved Under the Consent Agenda It was MOVED by Mr. Booth, seconded by Ms. McBean, and unanimously adopted by voice vote by members present, to approve the following resolution(s) under the Consent Agenda: RESOLUTION NO. 194 - AUTHORIZING A PUBLIC HEARING ON PROPOSED LOCAL LAW NO. 8 OF 2002 — PROVIDING FOR AUTOMATIC RENEWAL OF THE SENIOR CITIZEN REAL PROPERTY TAX EXEMPTION MOVED by Mr. Booth, seconded by Ms. McBean, and unanimously adopted by voice vote by members present, under the Consent Agenda. WHEREAS, New York State Law provides that the County may adopt a local law providing for the automatic renewal of the Senior Citizen Real Property Tax Exemption, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That a public hearing be held before the Board of Representatives in Board Chambers of the Tompkins County Courthouse, 320 North Tioga Street, Ithaca, New York, on Tuesday, September 3, 2002, at 5:30 o'clock in the evening thereof concerning Local Law No. 8 of 2002 — Providing for Automatic Renewal of Senior Citizen Real Property Tax Exemption. 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 -20 RESOLUTION NO. 195 - CREATION OF ADMINISTRATIVE MANUAL POLICY 04-05 — ADJUSTMENT OF FRINGE ACCRUALS MOVED by Mr. Booth, seconded by Ms. McBean, and unanimously adopted by voice vote by members present, under the Consent Agenda. WHEREAS, there is a need to establish a procedure for adjusting fringe benefit balances of employees whose standard workweek is changed, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That Policy 04-05 — Adjustment of Fringe Accruals, be added to the Administrative Policy Manual. SEQR ACTION: TYPE II -20 277 August 20, 2002 RESOLUTION NO. 196 - AUTHORIZATION TO ACCEPT A GRANT FROM THE STATE ARCHIVES MOVED by Mr. Booth, seconded by Ms. McBean, and unanimously adopted by voice vote by members present, under the Consent Agenda. WHEREAS, the Records Office has been notified of a grant award from the State Archives in the amount of $24,473, and WHEREAS, the State Archives grant represents a collaborative effort between the County Clerk's Office and Records Management to microfilm permanent and archival civil records, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the County Administrator or his designee be authorized to execute all contracts related to this award, RESOLVED, further, That the Director of Finance is authorized and directed to make the following budget adjustment: BUDGET ADJUSTMENT APPROPRIATION: A1410.54442 Professional Services $17,216 A1410.51000 Regular Pay $ 5,760 A1410.58800 Fringes $ 1,497 REVENUE: A1410.43089 Other State Aid $24,473 SEQR ACTION: TYPE II -20 RESOLUTION NO. 197 - AUTHORIZATION TO ENTER INTO A FIVE-YEAR LEASE AGREEMENT FOR THE WORKFORCE DEVELOPMENT SYSTEM MOVED by Mr. Booth, seconded by Ms. McBean, and unanimously adopted by voice vote by members present, under the Consent Agenda. WHEREAS, the Lease Agreement covering the offices of the Tompkins County Workforce Development System located at 171 East State Street, Center Ithaca, in the City of Ithaca, County of Tompkins, State of New York, shall expire on September 30, 2002, and WHEREAS, a Lease Agreement has been satisfactorily negotiated and may be terminated at any time for any reason by giving the Landlord 180 days written notice, now therefore be it RESOLVED, on recommendation of the Economic and Workforce Development Committee, That the County Administrator is hereby authorized to sign a lease agreement with Landlord, Center Ithaca -TSD Associates, for the period of October 1, 2002, through September 30, 2007. SEQR ACTION: TYPE II -20 RESOLUTION NO. 198 - DESIGNATION OF TOURISM PROMOTION AGENCY FOR STATE FISCAL YEAR 2002-2003 MOVED by Mr. Booth, seconded by Ms. McBean, and unanimously adopted by voice vote by members present, under the Consent Agenda. WHEREAS, the Strategic Tourism Planning Board has traditionally recommended the appropriate agency of the New York State Tourism Promotion Agency (TPA) designation as part of its review function for tourism matters, and WHEREAS, the Strategic Tourism Planning Board has reviewed the matter with appropriate agency representatives, and 278 August 20, 2002 WHEREAS, the Strategic Tourism Planning Board feels qualified to make a recommendation of the best agency to have the TPA designation, now therefore be it RESOLVED, on recommendation of the Economic and Workforce Development Committee, That the designation of the TPA for State Fiscal Year 2002-2003 be awarded to the Ithaca/Tompkins County Convention and Visitor's Bureau (CVB), with the understanding that the Director of the CVB be empowered to change the designation to any appropriate regional tourism promotion agency with County Board approval should it be advantageous for Tompkins County to do so, RESOLVED, further, That the Director of the CVB report back to the Economic and Workforce Development Committee if such change occurs. SEQR ACTION: TYPE II -20 RESOLUTION NO. 199 - AUTHORIZATION TO EXECUTE A CONTRACT WITH CORNELL UNIVERSITY TO DEVELOP A COMMUNITY CONVERSATION ON CAREGIVING AND AN ASSOCIATED CURRICULUM FOR THE PERIOD OF AUGUST 1, 2002 THROUGH JULY 31, 2003 - OFFICE FOR THE AGING MOVED by Mr. Booth, seconded by Ms. McBean, and unanimously adopted by voice vote by members present, under the Consent Agenda. WHEREAS, caregiving of elders is becoming more common as the number of elderly increases, and WHEREAS, the Office for the Aging has identified a need for a community conversation on caregiving, and WHEREAS, Cornell University Gerontology Research Institute, Department of Human Development, wishes to enter into a contract with Tompkins County that enables the Office for the Aging to present in-service training to educators and representatives from agencies in other counties on how to develop such a community conversation, now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, That the contract with Cornell University in the amount of $10,500 to develop a community conversation on caregiving and an associated curriculum, and to organize and conduct in-service training in two sites on how to develop a community conversation on caregiving be approved for the period August 1, 2002 through July 31, 2003, RESOLVED, further, That the Finance Director is hereby authorized to make the necessary budget adjustment as follows: REVENUE: 6773.42797 Cornell University Caregiver Training $10,500 APPROPRIATION: 6773.51000215 Salary $ 7,692 6773.58800 Fringe 2,045 6773.54414 Local Mileage 113 6773.54330 Printing/Copying 300 6773.54472 Telephone 150 6773.54452 Postage 200 TOTAL $10,500 SEQR ACTION: TYPE II -20 RESOLUTION NO. 200 - APPROVAL OF THREE-YEAR CONSOLIDATED CHILDREN'S SERVICES PLAN — ANNUAL UPDATE — DEPARTMENT OF SOCIAL SERVICES MOVED by Mr. Booth, seconded by Ms. McBean, and unanimously adopted by voice vote by members present, under the Consent Agenda. 279 August 20, 2002 WHEREAS, the New York State Office of Children and Family Services (OCFS) has required the Department of Social Services to develop and submit an Annual Update to the Consolidated Children's Services' Three -Year Plan which covers children's services for the period of January 1, 2001 to December 31, 2003, and WHEREAS, County Administrative Policy 01-35 states that "plans whose public participation requirements mandate advertising in newspapers of general circulation must be approved by the Board of Representatives upon review by the County Administrator and the appropriate program committee," and WHEREAS, such advertising was required with regard to the Plan's development, and WHEREAS, the County Administrator and the Health and Human Services Committee have reviewed the Department's Plan, now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, That the Annual Update to the Department of Social Services Three -Year Consolidated Plan for Children's Services is approved. SEQR ACTION: TYPE II -20 RESOLUTION NO. 201 - APPROVAL OF 2001-2003 COMPREHENSIVE YOUTH SERVICES PLAN UPDATE MOVED by Mr. Booth, seconded by Ms. McBean, and unanimously adopted by voice vote by members present, under the Consent Agenda. WHEREAS, Tompkins County is required to develop a County Comprehensive Youth Services Plan to qualify for $397,867 in State Aid from New York State, and WHEREAS, the New York State Office of Children and Family Services requires that the Strategic Component of the County Comprehensive Interim Plan submitted for 2001-2003 be updated by July 2002, and WHEREAS, the update has been prepared by the Tompkins County Youth Bureau and approved by the Youth Board as required, and WHEREAS, the New York State Office of Children and Family Services requires that the Strategic Component of the Interim Annual Plan Update be signed by the Chief Elected Official, now therefore be it RESOLVED, on recommendation of Health and Human Services Committee, That the Tompkins County Board of Representatives approves the Tompkins County Youth Bureau's 2002 Update to the 2001-2003 County Comprehensive Youth Services Plan, RESOLVED, further, That the Chairman of the Board of Representatives be and hereby is authorized to sign the Interim Annual Plan Update - Strategic Component for 2002- 2003 as required by New York State. SEQR ACTION: TYPE II -20 RESOLUTION NO. 202 - ESTABLISHMENT OF MEDICAID DENTAL CLINIC RATE — HEALTH DEPARTMENT MOVED by Mr. Booth, seconded by Ms. McBean, and unanimously adopted by voice vote by members present, under the. Consent Agenda. WHEREAS, the Tompkins County Dental Services Advisory Committee has been charged with the responsibility to fmd and implement a sustainable solution to meet the needs of Medicaid and certain other low-income individuals for dental care at the most reasonable cost and by the most reasonable target date, and 280 August 20, 2002 WHEREAS, the Tompkins County Dental Services Advisory Committee's research indicates that the development of a clinic rate to reimburse for dental services is the next step and necessary component to finding a solution and meeting the needs of the Medicaid and low-income eligible, and WHEREAS, the County is currently a licensed Article 28 clinic operator, with dental services recognized as an authorized service on the operating certificate issued by the New York State Department of Health, and WHEREAS, since the County is already licensed to provide dental services, a Medicaid rate could be established by filing a Medicaid cost report with the New York State Department of Health and an operating budget for the Dental Clinic, and WHEREAS, the Tompkins County Dental Services Advisory Committee has recommended that it is advantageous to have a clinic rate established in the event a mobile or free-standing clinic is needed, and WHEREAS, the Health Department has an approved contract with Urbach, Kahn and Werlin, Inc., an accounting firm with the expertise to complete the cost report necessary to establish this rate with New York State Department of Health, and WHEREAS, local funds in the form of 2000 Rollover have already been approved for this project, now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, That approval is given to the Health Department to request that this cost report be completed by Urbach, Kahn and Werlin, Inc., RESOLVED, further, That the Department of Social Services will pay for these services at a cost not to exceed $10,000 ($2,805 local cost) from the remainder of Department of Social Services' original $95,000 appropriation. SEQR ACTION: TYPE II -20 RESOLUTION NO. 203 - BUDGET ADJUSTMENTS — OFFICE FOR THE AGING MOVED by Mr. Booth, seconded by Ms. McBean, and unanimously adopted by voice vote by members present, under the Consent Agenda. RESOLVED, on recommendation of the Health and Human Services Committee, That the Director of Finance be directed to make the following budget adjustments on his books: HEALTH AND HUMAN SERVICES COMMITTEE Office for the Aging (#49) Revenue Acct Title Amt Approp Acct Title(s) 6777 43803 State Revenue $3,518 6777 54491 Subcontract Explanation: Increase in State revenue permits increase in subcontracts for CSE program. Office for the Aging (#50) Revenue Acct Title Amt Approp Acct Title(s) 6774 43803 State Revenue $ 23 6774 54491 Subcontract Explanation: Increase in State revenue permits increase in Foodnet subcontract for SNAP program. Office for the Aging (#51) Revenue Acct Title Amt Approp Acct Title(s) 6781 44772 Federal Revenue $2,459.42 6781 54400 Program Expense Explanation: Revenue Increase permits additional respite hours for Title III -E (Project Care) Office for the Aging (#52) Revenue Acct Title Amt Approp Acct Title(s) 281 August 20, 2002 6772 44772 Federal Revenue $1,794 6772 51000559 Salary 6772 44772 Federal Revenue $ 466 6772 58800 Fringes 6772 44772 Federal Revenue $1,000 6772 54491 Subcontract Explanation: Increase in Federal Revenue permits coverage of Aging Services Specialists salary and fringes in Title III -B. Increase in Federal Revenue permits increase in subcontract for publishing one more issue of the "Senior Circle." Office for the Aping (#53) Revenue Acct Title Amt Approp Acct Title(s) 6780 43803 State Revenue ($4,115) 6780 54991 Subcontract Explanation: Error in calculations of reappropriated State monies requires reduction in home care contracts. Office for the Alin. (#54) Revenue Acct Title Amt Approp Acct Title(s) 6795 44772 Federal Revenue ($603.57) 6775 51000559 Salary 6795 44772 Federal Revenue ($156.93) 6775 58800 Fringes Explanation: Decrease in Federal Revenue makes it necessary to decrease the Aging Services Specialist salary and fringes in Title III -D (Medication Management). Office for the ARinR (#55) Revenue Acct Title Amt Approp Acct Title(s) 6771 43803 State Revenue $200 6771 54414 Local Mileage Explanation: Revenue increase permits increase in much needed local mileage for State Ombudsman program. SEQR ACTION: TYPE II -20 Appointment(s) Approved Under the Consent Asenda MOVED by Mr. Booth, seconded by Ms. McBean, and unanimously adopted by voice vote by members present, to approve the following appointment(s) under the Consent Agenda. Tompkins County Youth Board Joel Lewenstein — Youth Representative — term to expire August 31, 2003 Sloan Sheridan -Thomas — Village of Freeville — term to expire December 31, 2002 Water Resources Council Dooley Kiefer — Environmental Management Council Representative — term to expire December 31, 2002 Presentation of Resolution(s) from the Economic and Workforce Development Committee RESOLUTION NO. 204 — MAKING A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE IN RELATION TO RESOLUTION NO. 205 OF 2002 ("EMPIRE ZONE" LOCAL LAW) MOVED by Ms. Herrera, seconded by Ms. McBean. Ms. Kiefer indicated that she felt that in cases such as the resolution before the Board where future actions are contemplated but not specific the State Environmental Quality Review (SEQR) form should indicate "unknown" or "unlikely" rather than a definitive yes or no. She does not plan to vote against this resolution but wanted to note that she is uncomfortable with the answers contained. Mr. Booth said he is voting for this resolution with the understanding that individual projects will be the subject of SEQR reviews. A voice vote resulted as follows: Ayes — 11, Noes — 0, Excused — 4 (Representatives Blanchard, Joseph, Koplinka-Loehr, and Winch). RESOLUTION ADOPTED. 282 August 20, 2002 WHEREAS, in Resolution No. 205 of 2002, the County Board of Representatives would adopt a local law authorizing application for designation of Tompkins County as an Empire Zone, and WHEREAS, the Tompkins County Board of Representatives has reviewed and accepted as adequate an Environmental Assessment Form with respect to that action, now therefore be it RESOLVED, on recommendation of the Economic and Workforce Development Committee, That Resolution No. 205 of 2002 is an Unlisted action, RESOLVED, further, That the Board of Representatives hereby makes a negative declaration of environmental significance in regard to Resolution No. 205 of 2002. SEQR ACTION: Unlisted (Short Environmental Assessment Form is on file in Clerk's office) RESOLUTION NO. 205 — ADOPTION OF LOCAL LAW NO. 7 OF 2002 — AUTHORIZING THE COUNTY OF TOMPKINS TO MAKE APPLICATION FOR DESIGNATION OF CERTAIN AREAS WITHIN THE COUNTY OF TOMPKINS AS AN EMPIRE ZONE (RESCINDED BY RESOLUTION NO. 184 OF 2005) MOVED by Ms. Herrera, seconded by Mr. Penniman. Mr. Todd said that he is not in favor of the resolution as he feels it would provide additional tax abatement and reduction of the tax base during a period of tight budgets. Mr. Proto said that he understood from previous discussions that under the Empire Zone Plan, the State reimburses the municipality for the municipal and school taxes provided in the abatements. He said that with regard to sales tax abatements the State provides the four percent abatement entirely and that locally we do not get reimbursed for the four percent. Mr. Proto said that he was joining Mr. Todd in not supporting the resolution. He said he is in favor of economic development but is concerned that not all portions of the County are included in the areas marked for the Empire Zone. He recognized that there are designated areas in a variety of areas included; however, he feels that areas of the County without infrastructure were not encouraged to be included and asked Ms. Armstrong from Tompkins County Area Development to respond. Ms. Armstrong indicated it is not a technical disqualifier and that all municipalities were invited and encouraged to attend. Some acreage is reserved for future designation when communities are prepared for development. She said that the reserved areas would be best utilized by municipalities who are in the process of developing an infrastructure and have the municipal support. Mr. Booth asked Ms. Armstrong who makes the decision to provide an additional abatement over and above those afforded by developing in an Empire Zone. Ms. Armstrong said it is an Industrial Development Agency (IDA) function and that a resolution is in place to review each case individually. She said the State structure is different than an IDA abatement in that the State provides one hundred percent property tax abatement for seven years, dropping twenty-five percent per year the following years so that by year eleven they are paying one hundred percent of property taxes. Ms. Armstrong said that some communities allow an abatement that would eliminate the taxes for those years and only begin the taxation at year eleven. She said the choices made by municipalities vary depending on the dynamics of the project and community. Ms. Kiefer wanted to note that the negative declaration form clearly specifies "1,228 acres but eventually 1,280 acres" so it is clear that around sixty acres are being reserved for future consideration, which should take care of Mr. Proto's concern. Ms. Robertson said she had inquired of the County Planning Commissioner, Mr. Marx, whether the sites correlate with the Vital Communities principles and was told that the specific areas did correspond primarily with the nodal -type development as expressed in Vital Communities. Mr. Lane indicated that he felt the County would not be losing any taxes if approved. He said that although the IDA could provide tax abatements over and above what the State would provide there is 283 August 20, 2002 no policy in place to do so. Mr. Lane explained that the resolution is approval to apply for Empire Zones that would provide tax abatement incentives to develop in the specific areas designated and that the amount of taxes from the abatement would be reimbursed to the County. Mr. Lane said he would support this resolution Mr. Proto noted that there is still in place section 485b opportunities as well. This program is similar to the tax abatement programs provided by the IDA and encourages development of businesses. Mr. Proto informed members of recent construction utilizing this abatement program. He stated that he is not against economic development but feels that a message needs to be sent that there should be a limit on properties receiving a tax abatement. Mr. Proto said that a small population of the County carries a majority of tax burden as a result of the abatements and exemptions and doesn't feel it is fair. Ms. Kiefer said she was somewhat sympathetic with Mr. Proto's comments and felt that if our County were not one of only a handful not having an economic development zone she would not be anxious to support this. She said the original idea of the zone to assist in the economic development of blighted areas has changed very much since its inception and most counties have zones. She also said that she thinks Mr. Proto's concerns should be reviewed with the IDA who make decisions regarding the areas of concern noted. Ms. Herrera said she supports this resolution that deals with economic development and jobs for our communities. She said local abatements are under the IDA whose task is to carefully examine each situation. As noted, she felt that it was consistent with Vital Communities Initiative and would receive reimbursement from the State while building our economic development locally. Mr. Lane expressed his support for this resolution that will provide jobs for the community and continue the work of the past nine years. A voice vote resulted as follows: Ayes — 9, (Representatives Booth, Herrera, Kiefer, Lane, McBean, Penniman, Robertson, Schuler, and Totman); Noes — 2 (Representatives Proto and Todd); Excused - 4 (Representatives Blanchard, Joseph, Koplinka-Loehr, and Winch). RESOLUTION ADOPTED. WHEREAS, a public hearing has been held before the Board of Representatives on August 20, 2002, to hear all persons interested in proposed Local Law No. 7 of 2002, now therefore be it RESOLVED, on recommendation of the Economic and Workforce Development Committee, That Local Law No. 7 of 2002 — Authorizing the County of Tompkins to Make Application for Designation of Certain Areas Within the County of Tompkins as an Empire Zone is hereby 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 twenty (20) days file one certified copy in the office of the County Clerk, and one copy with the Secretary of State. SEQR ACTION: Unlisted (Short Environmental Assessment Form on file in Clerk's office) Report from the Public Works Committee Mr. Lane, Vice Chair, reported the Committee has not met since the last Board meeting. Report and Presentation of Resolution(s) from the Planning Committee Ms. Kiefer, Chair, said that the Committee met on August 15, 2002. At that time, the schedule for Planning Committee budget reviews was set for Thursday, September 19, 2002, from 2:00 p.m. to 5:30 p.m. as an expanded meeting following the regular meeting and on Friday, September 20, 2002, from 9:30 a.m. to 12:00 p.m. She said that with regard to the Neighborhood Notification Pesticide Law several dates were reviewed in order to hold an evening meeting on the subject. Tentative dates are 284 August 20, 2002 Thursday, October 17, 2002, or Tuesday, October 21, 2002, and will be discussed at the Health and Human Services Committee meeting. Ms. Kiefer said that time was spent reviewing advisory boards falling under the jurisdiction of the Planning Committee. Ms. Hackett of the Planning Department reported on the USGS Aquifer Study Proposal and expects to have it in hand the end of September. The Committee also reviewed budgetary history of the Commercial Center Revitalization Program and the Ithaca Downtown Partnership contributions and the resolution following deals with this subject. Information was shared regarding proposed drilling on County -owned property and the Committee approved in concept two generic leases that will have some additional language incorporated and she anticipates a decision at the next meeting. The Planning Commissioner provided information on a variety of grants, the Section 259 review, participation in the Cayuga Green Client Committee, and the Department of Transportation relocation project. Ms. Kiefer also reported that the Agriculture and Farmland Protection Board is working with farm owners to develop local criteria to use for their recommendation for purchase of development rights at the State level. RESOLUTION NO. 206 — AUTHORIZATION TO EXECUTE AN AGREEMENT WITH THE CITY OF ITHACA FOR PURPOSES OF ITHACA DOWNTOWN PARTNERSHIP MOVED by Ms. Kiefer, seconded by Ms. Robertson. It was MOVED by Mr. Proto, seconded by Mr. Todd to postpone the resolution until the first Planning Committee budget meeting, pending full discussion involving the survival of the Community Center Revitalization Grant Program. A discussion followed explaining that this request was for already approved funds that we are late with our 2002 payment, and that the matter will be reviewed in the future to take into consideration the need to reduce spending. Ms. Kiefer noted this will be discussed at budget time. A voice vote on Mr. Proto's motion to postpone resulted as follows: Ayes — 2 (Representatives Proto and Todd); Noes — 9 (Representatives Booth, Herrera, Kiefer, Lane, McBean, Penniman, Robertson, Schuler, and Totman); Excused — 4 (Representatives Blanchard, Joseph, Koplinka-Loehr, and Winch). MOTION FAILED. It was MOVED by Mr. Proto to amend the total award from $10,158 to $5,600. MOTION FAILED FOR LACK OF A SECOND. A voice vote on the resolution resulted as follows: Ayes — 9 (Representatives Booth, Herrera, Kiefer, Lane, McBean, Penniman, Robertson, Schuler, and Totman); Noes — 2 (Representatives Proto and Todd); Excused - 4 (Representatives Blanchard, Joseph, Koplinka-Loehr, and Winch). RESOLUTION ADOPTED. WHEREAS, the Ithaca Downtown Partnership, as the Ithaca Downtown Business Improvement District (BID), will provide programs and services that will benefit all property owners and tenants within its boundaries, and WHEREAS, on the basis of an opinion issued by the State of New York Office of Real Property Tax Services stating that the enabling legislation for BIDS did not intend to impose financial liability regarding the BID assessment on tax exempt properties, these properties have been excluded from the BID assessment, and WHEREAS, Tompkins County is a property owner within the boundaries of the Ithaca Downtown BID, and WHEREAS, the BID program of services, including business retention and development, retail marketing, and promotion, are ones that will potentially benefit the County by expanding the sales and property tax base, and WHEREAS, the County is committed to the BID concept as a vehicle that establishes the partnership between the private and public sectors so essential to a successful economic development program, and WHEREAS, support of the BID is consistent with the Vital Communities Principles, now therefore be it 285 August 20, 2002 RESOLVED, on recommendation of the Planning Committee, That the County be authorized to execute an agreement with the City of Ithaca in an amount not to exceed $10,158 for the services described in the BID Plan dated July 1, 1996, for the year 2002, funds available in the Planning Department's budget, RESOLVED, further, That the County Administrator or his designee be authorized to execute such an agreement. SEQR ACTION: TYPE II -20 Report and Presentation of Resolution(s) from the Government Operations Committee Mr. Booth, Vice Chair, reported that Anita Fitzpatrick, Commissioner of Personnel, summarized the procedures that the Board must consider during times of shrinking workforce. When Over Target Request's were submitted for twenty -percent target reductions, department scenarios potentially affecting individuals became more "real" and a host of questions arose. The Committee had received information regarding civil service procedures and a memo about the fiscal impact of layoffs prior to the meeting, but discussion focused on the creativity required in each situation of a potential layoff to meet the needs of departments and employees. It was the consensus of the Government Operations Committee to convey to staff that we intend, to the maximum extent possible, to be compassionate and humane in any transition that may be necessary to make workforce adjustments in 2003 due to budget constraints. The Committee requested Administration, Personnel, and Finance staff to report on a variety of tools that can be utilized (stagger timing of workforce reduction; review requests for voluntary unpaid absences for a few months during a year; part-time options; transfer options; contingency plans; etc.) at our September meeting. Meetings with employees have answered questions pro -actively and "information is power." Part of the value of a civil service environment is the security of one's position and we wish to implement a transition process that values the assets of each employee while creatively counseling individuals and departments about options at their disposal. It was noted that recruitment will be challenging in this period of time before final 2003 budgets are finalized since many positions could be reconfigured. An analysis of the negative impacts from the standpoint of Affirmative Action goals (diversifying the workforce) will be included in reports in upcoming months as well. In addition, the Committee reviewed a Public Information Advisory Board recommendations for public input about the budget, received a report from intern, David Filiberto, about Government Accounting Standards Board accounting procedures (GASB34) to comply with recent federal laws in accordance with generally accepted accounting principles, and accepted a purchase offer from Cornell regarding "Caroline Pinnacles" with contingency that the land be preserved to the fullest extent possible. The Committee did not accept the proposal for name change from Charter Committee (three no votes for three different reasons). The Committee set budget review meeting times. Mr. Booth then noted that the balance of the meeting is reflected in resolutions presented to the Board. Mr. Proto inquired about the dollar figure for the purchase of the Caroline Pinnacles property. Mr. Booth stated that it was approximately $5,000. Mr. Proto wanted to note for the record that he spoke as the representative of Town of Caroline as well as for other staff, to Mr. Koplinka-Loehr in opposition to this dollar amount. RESOLUTION NO. 207 - APPROVAL OF THE PUBLIC INFORMATION ADVISORY BOARD BYLAWS MOVED by Mr. Booth, seconded by Mrs. Schuler. A voice vote on the resolution resulted as follows: Ayes — 11, Noes — 0, Excused — 4 (Representatives Blanchard, Joseph, Koplinka-Loehr, and Winch). RESOLUTION ADOPTED. WHEREAS, Tompkins County has taken steps to organize a Public Information Advisory Board by Resolution No. 135 of 1999, and 286 August 20, 2002 WHEREAS, the current members of the Public Information Advisory Board have established Bylaws outlining the mission and purpose of the Public Information Advisory Board, and WHEREAS, the current members of the Tompkins County Government Operations Committee have reviewed and hereby recommend the approval of the Public Information Advisory Board, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the Public Information Advisory Board Bylaws be approved and that said bylaws are hereby placed on file with the Clerk of the Board. SEQR ACTION: TYPE II -20 RESOLUTION NO. 208 - AWARD OF BID - VENDING SERVICE FIVE-YEAR CONTRACT MOVED by Mr. Booth, seconded by Mr. Totman. Mr. Booth noted that proceeds of the vending contract are utilized, among other things, to send memorials for family members of County employees. Members of the Board inquired whether the vending company can provide healthy snacks in their machines. Ms. Kiefer stated she had voted no at the Committee level because she as a member of the Energy Committee that had requested that the bid specifications include requirements related to energy efficiency. Although Mr. Squires has just provided information on the cost per kilowatt for a variety of machines she does not have information that provides a comparison with the other companies that bid because they were not asked for it. Ms. Kiefer indicated that she will therefore not support the resolution as a matter of principle. Mr. Proto also expressed concern and wished that any contract granted expressed the wishes of the Board that a portion the snacks be of a healthy nature. Ms. Robertson inquired why this particular company was chosen. Mr. Squires indicated that three companies bid and the Committee chose this company due to the company being local while still providing adequate commission for the sales — eighteen percent compared to twenty percent and sixteen percent. A voice vote on the resolution resulted as follows: Ayes — 10, Noes — 1 (Representative Kiefer), Excused — 4 (Representatives Blanchard, Joseph, Koplinka-Loehr, and Winch). RESOLUTION ADOPTED. WHEREAS, the Tompkins County Finance Department has duly advertised for bids for Vending Services at various County buildings, and WHEREAS, three (3) bids were received on July 24, 2002, and publicly read, now therefore be it RESOLVED, on recommendation of the Vending Committee and Government Operations Committee, That the bid be awarded to Fine Host Corporation of Etna, New York, RESOLVED, further, That the bid be awarded for five years, commencing on October 1, 2002 through September 30, 2007, RESOLVED, further, That County Administration is authorized to implement this bid on behalf of the County. SEQR ACTION: TYPE II — 20 RESOLUTION NO. 209 — AUTHORIZATION FOR EARLY RETIREMENT - PERSONNEL MOVED by Mr. Booth, seconded by Ms. McBean. Mr. Whicher explained that Mr. Hillick will provide assistance during the transition period as a half-time employee. A voice vote on the resolution resulted as follows: Ayes — 11, Noes — 0, Excused — 4 (Representatives Blanchard, Joseph, Koplinka- Loehr, and Winch). RESOLUTION ADOPTED. WHEREAS, the Tompkins County Board of Representatives authorized participation in the 2002 Early Retirement Incentive Program, and WHEREAS, the Records Manager, Robert Hillick, in the Personnel Department is eligible and has voluntarily chosen to retire during the open period, and 287 August 20, 2002 WHEREAS, this incentive may be used on behalf of any eligible employee who so chooses, provided that the Department Head has recommended a plan that will result in a fmancial savings equal to fifty percent of the base salary of the retiring employee over a two-year period following the retirement, and WHEREAS, the Personnel Department has submitted a savings plan as required by the New York State Retirement System, and WHEREAS, this plan involves filling up to a half-time position while providing necessary support services for the Records Management Program with existing staff, and WHEREAS, such plan has been reviewed and recommended by the County Administrator, now therefore be it RESOLVED, on recommendation of the Government Operations and Budget and Capital Committees, That Robert Hillick be authorized to retire under the terms of the 2002 Early Retirement Incentive Program, RESOLVED, further, That the fiscal target adjustment will be made in one blanket resolution later this year for all those approved for the Early Retirement option. SEQR ACTION: TYPE II -20 Report from the Budget and Capital Committee Mr. Penniman, Chair, said the Committee met in the past week. During that time Mr. Squires provided material that compared expenditures in neighboring counties. This information will be provided to Board members in the near future. He said a presentation was given to the Committee by Mr. Joseph, Chair of the Space Needs and Location Committee, regarding their capital projects. Mr. Penniman said that Mr. Joseph will be presenting a report to the full Board in the near future. Next, Mr. Penniman discussed upcoming budget calendars, noting most program committees had set their dates. He is also in the process of setting up budget dates for the October meetings and asked that members of the Board provide comments on the proposed dates within a week of receipt. Report and Presentation of Resolution(s) from the Public Safety Committee Mrs. Schuler, Chair, said that the Committee has not met for regular business since the last Board meeting. She noted, however, that a joint session was held with Health and Human Services and Budget and Capital Committees immediately prior to this evening's meeting. RESOLUTION NO. 210 — APPROPRIATION FROM CONTINGENT FUND FOR TERMINAL PAY AT THE SHERIFF'S OFFICE MOVED by Mrs. Schuler, seconded by Mr. Booth. Mr. Proto inquired whether in a sad situation such as this where the opening is due to death, does it still require the normal hiring procedures that require Fiscal Management's approval. Mr. Whicher said that it would still require approval of the Fiscal Management position. A short roll call vote resulted as follows: Ayes — 11, Noes — 0, Excused — 4 (Representatives Blanchard, Joseph, Koplinka-Loehr, and Winch). RESOLUTION ADOPTED. WHEREAS, due to the death of Deputy Charles "Scott" Odell, there will be a payment of contractual applicable fringe benefit balances at a cost of $6,326, and WHEREAS, the Fiscal Policy of Tompkins County allows for terminal pay from the Contingent fund, now therefore be it RESOLVED, on recommendation of the Public Safety and Budget and Capital Committees, That the Director of Finance appropriates a total of $6,326 to the Sheriff's budget for terminal pay, RESOLVED, further, That the money be distributed to the following accounts: FROM: A1990.54440 Contingent Fund $6,326 288 August 20, 2002 TO: A3113.51000419 Regular Pay A3113.58800 Fringe SEQR ACTION: TYPE II -20 $5,021 $1,305 Mrs. Schuler then reported that the Tompkins County Emergency Management Council announced that an Incident Command System Training will be held on November 9 and 10, 2002 at the Bostwick Road Facility. This training is designed for public works and highway employees and Mrs. Schuler encouraged municipalities to request their employees to attend. Mrs. Schuler then informed Committee members of the dates set aside for budget review: September 5, 11, 18, and 19, 2002. Report and Presentation of Resolution(s) from the Health and Human Services Committee Mrs. Schuler, Vice Chair, reported that the meeting dealt with many resolutions appearing on the agenda. She noted that the proposed contract between the County Office for the Aging and Cornell University to prepare a Community Conversation program is extremely exciting. She also noted that she is pleased that the resolution was approved that will allow setting of a Dental Clinic Rate. This is a lengthy process and will assist in moving forward with the possibility of providing much needed dental service in the future. Mrs. Schuler is in receipt of many letters coming from families of children with special needs as to the continuation of programs. It is important to note that the County is mandated to provide these services. Mr. Proto said that the establishment of a dental clinic was postponed at this time and will be discussed at budget time. RESOLUTION NO. 211 - AUTHORIZATION FOR EARLY RETIREMENT — HEALTH DEPARTMENT AND STOP -DWI (AMENDED BY RESOLUTION NO. 292 OF 2002) MOVED by Mrs. Schuler, seconded by Ms. McBean, and unanimously adopted by voice vote by members present. WHEREAS, the Tompkins County Board of Representatives authorized participation in the 2002 Early Retirement Incentive Program, and WHEREAS, the following employees are eligible and have voluntarily chosen to retire during the open period: Sharon Haas, Community Health Nurse, Health Department - .5 FTE Peter Coats, Sanitarian, Health Department — 1.0 FTE John Beach, Coordinator, STOP -DWI — 1.0 FTE , and WHEREAS, this incentive may be used on behalf of any eligible employee who so chooses, provided that the Department Head has recommended a plan that will result in a financial savings equal to fifty percent of the base salary of the retiring employee over a two-year period following the retirement, and WHEREAS, savings plans as required by the New York State Retirement System have been submitted describing the following methods of saving funds: Sharon Haas: The Health Department has proposed in the 2003 budget to not fund .5 FTE of a Community Health Nurse; Peter Coats: The Health Department will fill this position half-time for the next two years and the OTR for the .5 FTE Sanitarian will be withdrawn upon approval of this resolution; John Beach: The position will be filled half-time for the next two years, and WHEREAS, such plans have been reviewed and recommended by the County Administrator, now therefore be it 289 August 20, 2002 RESOLVED, on recommendation of the Health and Human Services, Public Safety, and Budget and Capital Committees, That Sharon Haas, Peter Coats, and John Beach be authorized to retire under the terms of the 2002 Early Retirement Incentive Program, and RESOLVED, further, That the fiscal target adjustments will be made in one blanket resolution later this year for all those approved for the Early Retirement option. SEQR ACTION: TYPE 11-20 Report from the Information Technology Services Policy Committee Ms. Kiefer, Vice Chair, said the Committee has not met for regular business since the last Board meeting. Report from the Economic and Workforce Development Committee Mr. Lane, Chair, said that the Committee has not met for regular business since the last Board meeting. He reported that the Committee met briefly immediately prior to this evening's meeting to conduct business regarding resolutions appearing on the agenda. Report from the Charter Review Committee Mr. Lane, Chair, said Mr. Proto, Vice Chair, will report on this Committee; however, he desired to let the Board know that the resolution withdrawn by his Committee was to afford the entire Board an opportunity to have input. Mr. Proto then reported that the Committee discussed the Probation Department's portion of the Charter and attempted to seek an appropriate means to include the words "Alternatives" or "Alternate Justice" within the title. A variety of options were proposed and will be reviewed at the next meeting. Also discussed was the Human Rights Commission's addition of the Commissioner's duties how best to clarify the distinctions between and the Human Rights Director and Commissioner. Further information to assist in clarifying this defmition will be received at a later date. The last item discussed was the proposed change in the name of the County Board and that will come forward at a later date. The next meeting of this Committee will be Wednesday, August 28, 2002, at 1:00 p.m. Report from the Communications Capital Projects Committee Mr. Penniman, Vice Chair, wanted to provide Ms. Robertson the opportunity to report on the New York State Department of Transportation relocation project. Ms. Robertson reported that there have been two town meetings discussing this project, during which the town expressed the desire to hold a meeting that would include town and village officials, school board officials, school district officials, the Mayor of Freeville, County personnel, and Department of Transportation personnel to review a range of sites in a variety of locations. This meeting will take place September 4, 2002 in the Dryden Village Hall. Report from the Fiscal Management Committee Ms. McBean, Vice Chair, reported that the Committee met August 9, 2002. She said of the four positions brought forth which included two deputy sheriff positions, one security officer for the Department of Social Services, and one administrative computer assistance in the Information Technology Services Department, all but one were approved. Ms. McBean said that the Committee has been very impressed with the manner in which departments are scheduling positions in order to come forth and request employment only when clearly necessary. Report from the Public Safety Building Space Planing Committee 290 August 20, 2002 The Committee has not met for regular business since the last Board meeting. They will be meeting August 23, 2002 at 2:00 p.m. Report from the Space Needs and Location Committee The Committee has not met for regular business since the last Board meeting. They will be meeting August 28, 2002 at 3:00 p.m. Report from the Ethics Advisory Board Ms. Kiefer, Chair, reported that the Board held its annual meeting on August 19, 2002. She said that Mr. Wood, County Attorney, reported that the 2002 financial disclosure forms submitted by County personnel were filed and noted that there were no problems to report. Following Mr. Wood's report the Board reviewed information received regarding the complaint brought forth about the City of Ithaca. Following a question and answer period by members of the Ethics Advisory Board on procedural matters, Mr. Wood was requested to write to the parties involved in the complaint and request a written response to the complaint by September 13, 2002. The next meeting of this Board will take place Monday, September 23, 2002, at which time the parties may be asked to participate. Ms. Kiefer said that in the event the City Ethics Code was found to have been breached, which would be a misdemeanor, it would be up to the District Attorney to pursue the issue. Mr. Wood also said that there is the possibility of potential fines under the City's Code and the Advisory Board could recommend them as well. Mr. Penniman inquired about the process that brought forth the matter. Ms. Kiefer said that although the City Attorney could have dealt with the complaint, which came from another City "official" the City Attorney chose to refer it to the County Ethics Advisory Board. Mr. Penniman inquired what City official could make a complaint. Mr. Wood said that in the General Municipal Law it states "official of the city." He said that he felt that the County should not make that determination and requested from the City Attorney if this individual was in fact such, and the response indicated that the complainant was, in the opinion of the City Attorney, an official. Mr. Proto inquired whether the statutes extend to any municipality within the County who does not have an Ethics Advisory Board. Mr. Wood indicated that yes, it does cover all municipalities within the County. Approval of Minutes of August 6, 2002 It was MOVED by Mr. Todd, seconded by Ms. McBean, and unanimously adopted by voice vote by members present, to approve the minutes of August 6, 2002 as submitted. MINUTES APPROVED. Unfinished Business Mr. Proto asked if there is any action available to the Board to act as a memorial to those lost last year during the attacks made on September 11, 2001 and what the appropriate procedure would be. Mr. Lane felt that the Government Operations Committee would be the starting point. Mr. Booth, Vice Chair of the Government Operations Committee, will see that the subject is put on the agenda. Mr. Booth inquired of the County Attorney whether the Chair of the Board has the authority to lower flags. Mr. Wood indicated that it has been done on occasion and that there are provisions defined in the law. He will provide this information to Government Operations Committee as well. Adjournment On motion the meeting adjourned at 8:02 p.m. 291 September 3, 2002 Regular Meeting Public Hearing - Proposed Local Law No. 8 of 2002 —Providing for the Automatic Renewal of the Senior Citizen Real Property Tax Exemption Mr. Joseph, Chair, called the public hearing to order at 5:31 p.m. concerning proposed Local Law No. 8 of 2002 Providing for the Automatic Renewal of the Senior Citizen Real Property Tax Exemption, and asked if anyone wished to speak. No one wished to speak and the public hearing was closed 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: 14 Representatives. Excused: 1 (Representative Kiefer). Presentation of Proclamation(s) Chair Joseph presented the following proclamation(s): • Alcohol and Drug Addiction Recovery Month - September 2002 — to Mary Agnew, Executive Director, Alcoholism Council of Tompkins County, and Bill Rusen, Cornerstone Recovery Service • Leukemia and Lymphoma Awareness Month — September 2002 • September 11, 2002 — Remembrance Day Mr. Joseph took this opportunity to make a personal statement reflecting on September 11th. "A year ago when the planes hit the building and the towers came down, I hoped for a moment that it would shock the world into a realization that we have to make fundamental changes in how we deal with each other. That responding to hate with hate, and violence with violence, would mean intolerable death and destruction. That of course was naive, and what we actually saw was a wave of bias, stereotyping, suspicion, and persecution of Arabs, foreigners, and anyone who questioned official policies and actions. We saw our own leaders insist that the only possible response to violence is greater violence, and we saw political leaders all over the world justify their own brutality and repression of opposition as part of a global war on terrorism. "A few weeks ago we had another local example of hate breaking out into violence. The attacks of September 11th and the attack on Patricia Morris were vastly different in scope and impact, but they differed not at all in their fundamental nature. In both cases a group of people acted out of hatred against innocent individuals. In both cases they ignored the common humanity that they shared with their victims, and instead of seeing human beings with lives and families and hopes and dreams they saw symbols of what they hated and they attacked the symbols, and the human beings died. It seems clear to me that it is no longer possible to have safety in the world or on our own streets through simple power and strength. Only the elimination of hate can bring us real security. Only by acknowledging and treasuring our links to each other can we counter those who seek to divide us. Only by working together to solve our mutual problems can we overcome our mutual ability to destroy each other. Only when we look at others and see ourselves will we act out of love and compassion rather than hatred and anger, and I hope that on the anniversary of September 11th those thoughts will be foremost in our minds. Thank you." 292 September 3, 2002 Privilege of the Floor by the Public Naomi Strichartz, Deputy Supervisor for the Town of Danby, spoke of the tension exhibited in the past several years between the Towns and the County. She spoke in support of the Outings program and felt that elimination of it would not help with the tension felt between the legislative groups. She said that the program has been in place for twenty-five years and has proven itself to be a valuable tool in shaping the youth of the County. Ms. Strichartz expressed concern that the youth who may most need a program such as this, to make a difference between being successful and becoming a statistic in the human service and public safety fields, were being marginalized. She said that the entire community will lose if the program is gone and the County will pay additional dollars in other areas. She then said that all of the Towns are requesting that the Outings program remain intact. Mr. Dietrich is working on a revised budget to present to Board members for their review that would allow the program to operate. She also said that the Tompkins County Youth Bureau has declined to decrease staff funding, finding it more expedient to kill the top-rated program in the County. She asked that the Board listen to the wishes of the Towns and the people making up the County; not to be part of the problem that divides the towns with the County, but choose to be part of the solution. Monica Bosworth, employee of the Ithaca Youth Bureau Outings Program, read and submitted the following statement: "I'm here today because of the reports that I've heard back of various committees of yours concerning the kids that have gotten up here to speak over the last few weeks. We asked a number of our kids to get up in front of you to tell what the Outings Program has meant to them, which they did and did a wonderful job at it too. But what we have heard is that many of you on key committees have taken the kids' ability to stand up in front of you and speak, and the courage that it took for many of them to do that, as evidence that we serve primarily well-off, well -adjusted kids and that our services are not really needed. "This is a misconception. Many, if not most, needy kids, at -risk children, disadvantaged youth are able to speak well in defense of those things that matter to them. Our kids might not have fit certain preconceived notions of the type of youth we're supposed to be serving. Perhaps we should have asked each of the speakers to identify explicitly which disadvantaged categories they fit into: Who has been in foster care? Who hasn't seen their biological mother since they were 5 years old? Whose stepfather threatened his/her life when he was in high school? Who has learning disabilities? Who was thrown out of their house by their parents? Whose family lives in poverty and is having a hard time making ends meet? We can't ask kids to stand up here and say these things about themselves in order to convince you to feel sorry for them. They want to talk about the successes they've had because Outings has helped them out, has helped them to be the people they want to be, to live up to their highest potential; we cannot instead ask them to recite a litany of all the things in their lives that have been horrible and humiliating and that they've had to overcome, especially in a room full of adult strangers in a formal setting. The fact that they came here and spoke and somehow managed to convince a significant number of you that they are all from well-educated, middle to upper class families with few personal problems, is a credit to them and to the Outings Program. "The Outings Program serves our community as a whole — and we make a special effort to connect with those kids who have the most needs and we do so successfully. I have been told by school personnel that 11 out of 12 kids in my program one year were "classified" in the school's system. Could you tell by looking at them? No. They are human beings, not stereotypes. I ask you to let go of your assumptions that tell you that kids with certain backgrounds automatically look, act and speak in a certain way. Make the effort to get to know them and their stories instead of just assuming everything is hunky dory because a teen knows how to put together meaningful sentences. It's not just rich, privileged kids that know how to do that. 293 September 3, 2002 "So what is the Outings Program all about? It is all about helping kids to become compassionate and effective community members — everything else we do and all of our other objectives come together under that one overarching goal. What do you need to have to develop into effective and compassionate community members? • You need a sense of responsibility, both for yourself and your own actions and attitudes, and for other people. • You need the ability to listen well to what others are saying or trying to say. • You need the self-confidence to be able to speak your ideas and feelings honestly and effectively. • You need to be able to solve problems as part of a group, to learn how to reach out to those who may be different from you and encourage others. • You need to learn the awareness it takes to look out for yourself and the rest of the group. "That is what Outings is all about. Outdoor adventure is merely the tool that we use to achieve these other goals — we use it because it is one of the very best tools for achieving these goals. And having kids from all walks of life, of every academic ability level, of each gender, and from a variety of economic and social groups come together in an Outings group and strive to reach these goals, often in spite of themselves, in order to get the adventures of their dreams is truly an amazing thing to see. It is one of the great strengths of the Outings Program. "Whatever choice you as a board eventually decide upon in regards to the Outings Program, I feel that it is important that you know these things before you act: 1) We serve a huge variety of kids and that is one of our greatest strengths; 2) Outings is all about helping kids to develop themselves into compassionate and effective group members; 3) We make a special effort to connect with those who most need attention and assistance and these kids do not necessarily embody preconceived ideas of what it means to be needy or at risk. "Thank you." Ms. Bosworth said that letters they have been collecting will be forwarded to the Board Office within the next several days. She also invited members of the Board to come and see the program and meet the participants. Edith Rohrer, Town of Enfield resident, spoke to the Board about the proposed budget increase and the hardship it would create for her. She spoke of being a senior citizen on a fixed Social Security income. Ms. Rohrer said her annual increase is offset by Medicare increases and, therefore, is not an increase in income. She spoke of the need for the Board to look out for the people of the districts and asked them to speak to their constituents, listen, take notes, make cuts in salaries or possibly freeze salaries. She asked the Board to decline requests to agencies for more monies and have them learn to "tighten their belts." Ms. Rohrer also suggested that Board members freeze their pay increases. Sheriff Meskill spoke to the Board stating that he wished to clarify an article in the newspaper during the past week. He said that there are two fully -trained, and one partially -trained deputy on staff to provide marine patrol on the lake. He then informed the Board that the training process provided to officers is two-part, the first being in May, when a week-long training takes place. This training period provides both the beginning and advanced courses simultaneously so it takes a longer period to fully train deputies for this duty. Sheriff Meskill said that Deputies Lampman and Dresser are sharing this duty during the heavy boating season and they are seeking new recruits to be trained in the future. 294 September 3, 2002 Privilege of the Floor by Board Members Mr. Lane, District No. 14 Representative, said school tax bills went out this week and anticipated that property owners will be shocked by the potential increases. He said at the present time there are more unfunded state mandates and a rising value in real property that is presently driven by the "hot" real estate market and lower interest rates. He said in the near future the County will be moving forward with the budget and will very likely have a double-digit tax increase. He said we cannot continue to have the State budget deficit shifted to real property taxes and there is a need to send a message to Albany that the cost of New York State government should be shouldered by the government, not the locality. Mr. Lane suggested that the State should give funding for mandates and Medicaid mandates should be phased into a takeover by the State. Mr. Proto, District No. 7 Representative, thanked Mr. Joseph for the September 11 proclamation. Mr. Proto responded to Ms. Strickhartz's and Ms. Bosworth's comments regarding the youth who spoke at previous Board meetings. He said that he was not aware of anyone being cavalier about how the youth addressed the Board and their remarks will be taken to heart. Mr. Proto said he felt that this will be a very difficult budget season and all remarks will be listened to and considered carefully during the process. Mr. Booth, District No. 3 Representative, also thanked Mr. Joseph for the September 11 proclamation. He noted that regarding Mr. Joseph's personal statement he felt obliged to react briefly and said that he has not agreed with everything the Federal government has done or said since September 11. Mr. Booth said that he thought Mr. Joseph's comments might reflect a conclusion that American policies since September 11 have been driven entirely or largely by hate and anger. He said while these are relevant factors, he does not believe this type of conclusion is correct. Mr. Koplinka-Loehr, District No. 11 Representative, said those individuals who spoke this evening on the issues of the budget highlight very dramatically the forces the Board is under to try to come into a reasonable tax rate without cutting critical programs. He said that letters to the Ithaca Journal Editor and letters in support of various programs are coming to the Board and will continue. Mr. Koplinka-Loehr said he hopes that the public will continue notifying members of the Board as this will assist in the decision-making process for the budget. Ms. Robertson, District No. 13 Representative, said she appreciated Mr. Joseph's September 11 proclamation and statement. She stated that she felt Mr. Joseph's statement was personal in nature and appreciated his willingness to speak freely. She reminded constituents to vote on Tuesday, September 10, 2002, in the primary election and noted people who register as an Independent do not have a voice in the political parties' primary elections. Report from Municipal Official Fredric Dietrich, Supervisor for the Town of Danby, spoke of the make-up of the Board and the change it made from a Board of Supervisors to Board of Representatives several decades ago. He said that he has spoken to municipalities when he served as President of the Municipal Officer's Association and has recognized the rift that exists between municipalities and County government. Mr. Dietrich said that some issues stated by individuals were not always brought forward in a manner that coincided with the feelings of a town, however, he felt that perhaps there is more ability to balance an issue and look more objectively in the Board's present forum. He said he watches the televised meetings of the Board and appreciates that it is available. Mr. Dietrich recognized that the Board has a difficult time ahead of it and that it is important to listen to what is going on, get in touch with the people, and deal with the issues in the best manner possible. 295 September 3, 2002 Chair's Report and Appointment(s) Mr. Joseph reminded members of the Board that letters received regarding budget issues are in the Board Office and urged members to review them. Mr. Joseph appointed Michael Stamm to serve on the Municipal Electric and Gas Association. Report from the County Administrator There was no report from the County Administrator. Report from the County Attorney Mr. Wood reported that the Town of Ithaca case concerning the Bostwick Road facility continues and an appeal will be presented on September 9, 2002. Mrs. Schuler inquired what the cost to date was for this case and was informed that it is approximately $70,000. Report from the Finance Director There was no report from the Finance Director. Report from County Staff There was no report from County Staff. Additions of Resolution(s) to the Agenda On motion and duly seconded and unanimously adopted by voice vote by members present, the following resolutions were added to the agenda: • Appropriation From Contingent Fund and Award of Bid — Brooktondale Bridges Phase 1 — Lounsbery Road Bridge Replacement (Bin 3314100) • Amendment to the 2002 — 2006 Capital Program — Brooktondale Bridges Phase 1— Lounsbery Road Bridge Replacement (Bin 3314100) Withdrawal of Resolution(s) from the Agenda No resolution(s) were withdrawn from the agenda. Report and Presentation of Resolution(s) from the Public Works Committee Ms. Blanchard, Chair, said that the Committee has not had a regular meeting since the last Board meeting. The next meeting will be on September 5, 2002 at 3:00 p.m. She reported a special meeting was held prior to the regular Board meeting together with the Budget Committee to consider the award of bid of the Brooktondale bridge project. Ms. Blanchard said there is also a possibility the New York State Department of Transportation may authorize ninety-five percent reimbursement. She said the second resolution is required for the project to continue. RESOLUTION NO. 212 — APPROPRIATION FROM CONTINGENT FUND AND AWARD OF BID — BROOKTONDALE BRIDGES PHASE 1— LOUNSBERY ROAD BRIDGE REPLACEMENT (BIN 3314100) MOVED by Ms. Blanchard, seconded by Mr. Proto. 296 September 3, 2002 Mr. Penniman reported this resolution failed in Budget and Capital Committee because it was felt if reimbursement did not go through, the local share of the project would almost double. He also said that it was felt that the bidding climate was not good at this time and perhaps waiting until spring would provide a more favorable bidding climate and also allow time to know whether there would be a reimbursement. Mr. Totman felt that it would not cause a hardship to wait as the bridge had been closed down for a period of time and perhaps the funds should be spent on highway projects where paving is much needed. Ms. Blanchard clarified that the cost would increase from approximately $53,000 to $90,000 local share from the last request. Mr. Lane said he understands the frustration Mr. Totman may feel concerning delays in a variety of projects and said that many are due to the $7 million reduction last fall from the State. Mr. Lane said that this project has been coming forward for nine years and that if we do not take advantage of Federal dollars for transportation there may be fewer in the future. Mr. Proto said that the local share of this project is relatively small and reminded individuals that funds from the initial project included two bridges were shifted to cover cost over -runs on the North Triphammer Road project. He also said that funds have already been invested for the infrastructure. Mr. Proto recognized there are other roads needing work, but feels the school, ambulance, fire department, and residents of the community need this vital bridge. Mr. Winch questioned the ability to be successful in starting this year due to regulations from the Department of Conservation regarding creek work. He said he would support it because he feels that the task will be equally as difficult next year. Ms. Blanchard said that the County has told the Town of Caroline that it would accept the offer to pay in advance in order to complete this project and felt it would be embarrassing not to do so. Questions were asked about the dollar figures in the resolution and it was suggested that the figures reflect the full cost of the project in the event there is no reimbursement given. Ms. McBean inquired how many bids were received and was informed by Ms. Blanchard there were two. A roll call vote on the resolution resulted as follows: Ayes — 11 (Representatives Blanchard, Herrera, Joseph, Koplinka-Loehr, Lane, McBean, Proto, Robertson, Schuler, Todd, and Winch); Noes — 3 (Representatives Booth, Penniman, and Totman); Excused - 1 (Representative Kiefer). RESOLUTION ADOPTED. WHEREAS, Resolution No. 189 of 2002 authorized an agreement with the State of New York whereby State and Federal sources will furnish ninety-five percent of the funding necessary to replace the Lounsbery Road bridge over Six -Mile Creek (BIN 3314100) for a total construction cost up to $780,000, and WHEREAS, the Tompkins County Finance Department has duly advertised for bids for the project, and WHEREAS, two (2) bids were received on August 27, 2002, and publicly read, and WHEREAS, the low bid exceeded the amount authorized by Resolution No. 189 of 2002 by $42,339.95, now therefore be it RESOLVED, on recommendation of the Public Works Committee, That the bid be awarded to Economy Paving Company, Inc., of Cortland, lowest responsible bidder, in the amount of $822,339,95, pending approval of the bid by the New York State Department of Transportation, RESOLVED, further, That the Highway Division be authorized to implement this bid and execute change orders with total values not to exceed 0.5% of the aforementioned bid amount on behalf of the County, funds to be provided from the Brooktondale Bridges capital account (HZ5103.59239.53.07) and an additional $42,339.35 be appropriated from Contingency Account A1990.54400, to Account A9576 Contribution to Construction, to provide for the increased local share of the project. SEQR ACTION: TYPE 11-2 297 September 3, 2002 RESOLUTION NO. 213 — AMENDMENT TO THE 2002 — 2006 CAPITAL PROGRAM — BROOKTONDALE BRIDGES PHASE 1— LOUNSBERY ROAD BRIDGE REPLACEMENT (BIN 3314100) MOVED by Ms. Blanchard, seconded by Mr. Proto. Mr. Booth asked that the following explanation be included in the minutes: The existing capital project of $900,000, includes $700,000 for construction and $200,000 for design, contingencies, and other expenses. The third explanatory note should read: Adoption of this resolution expands the capital project to $1,070,000, including approximately $828,000 for construction, and approximately $242,000 for design, contingencies, and other expenses. Mr. Koplinka-Loehr, requested that the figures in the body of the resolution be amended to reflect the highest possible cost if the reimbursement is not received. This would amend the figures to $87,339.95 and $118,160.05. A voice vote on the resolution resulted as follows: Ayes — 11 (Representatives Blanchard, Herrera, Joseph, Koplinka-Loehr, Lane, McBean, Proto, Robertson, Schuler, Todd, and Winch); Noes — 3 (Representatives Booth, Penniman, and Totman); Excused - 1 (Representative Kiefer). RESOLUTION ADOPTED. WHEREAS, Resolution No. 189 of 2002 authorized an agreement with the State of New York whereby State and Federal sources will furnish ninety-five percent of the funding necessary to replace the Lounsbery Road bridge over Six -Mile Creek (BIN 3314100) for a total construction cost up to $780,000, and WHEREAS, the low bid exceeded the amount authorized by Resolution No. 189 of 2002 by $42,339.95, now therefore be it RESOLVED, on recommendation of the Public Works Committee, That the 2002 Capital Program be amended to reflect the change in the total cost of the Project from $900,000 to $1,070,000 with the Federal Reimbursement increase from $720,000 to $856,000 and the State Reimbursement decrease from $135,000 to $118,160.05 leaving a local share increase from $45,000 to $87,339.95. SEQR ACTION: TYPE II -2 Report from the Planning Committee Mr. Penniman, Vice Chair, reported the Committee has not met since the last Board meeting. Report and Presentation of Resolution(s) from the Government Operations Committee Mr. Koplinka-Loehr, Chair, reported the Committee has not met since the last Board meeting. The Committee will meet on September 4, 2002 from 1:00 p.m. — 4:00 p.m. for budget reviews. RESOLUTION NO. 214 - ADOPTION OF LOCAL LAW NO. 8 OF 2002 - PROVIDING FOR THE AUTOMATIC RENEWAL OF THE SENIOR CITIZEN REAL PROPERTY TAX EXEMPTION MOVED by Mr. Koplinka-Loehr, seconded by Ms. McBean, and unanimously adopted by voice vote by members present. WHEREAS, New York State Law provides that the County may adopt a local law providing for the automatic renewal of the Senior Citizen Real Property Tax Exemption, and WHEREAS, it would be a convenience to senior citizens and the County Assessment Department to adopt such automatic renewal provisions, and WHEREAS, a public hearing has been held before the Board of Representatives on September 3, 2002, to hear all persons interested in proposed Local Law No. 8 of 2002, now therefore be it 298 September 3, 2002 RESOLVED, on recommendation of the Government Operations Committee, That Local Law No. 8 of 2002 — Providing for the Automatic Renewal of the Senior Citizens Real Property Tax Exemption is hereby 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 twenty (20) days file one certified copy in the office of the County Clerk, and one copy with the Secretary of State. SEQR ACTION: TYPE II -20 Report from the Economic and Workforce Development Committee Mr. Lane, Chair, reported the Committee has not met since the last Board meeting. The Committee will meet on September 12, 2002 from 2:00 p.m. to 5:00 p.m. for budget reviews. Report from the Budget and Capital Committee Mr. Penniman, Chair, said that the Committee has met twice since the last Board meeting. At last week's meeting the Committee reviewed the County Administrator's recommended budget. He reminded Board members that in spite of the proposed property tax increase that there are extensive cuts already within the budget. He referred to the message received by the County Administrator regarding position cuts recommended, and noted there are additional positions vacant that were not requested to be filled. He also said that the recommendations indicate transition to alternative funding sources, consolidation, and other means of reorganization in a number of programs. There are some programs that had requested extended funding for multiple years to seek financing elsewhere that were only recommended for a one- year period. Mr. Penniman thanked Mr. Whicher and Mrs. Smithers for their work on the recommendations. The Committee also discussed the Information Technology Services wide area network upgrade and the aquifer study, and are in the process of obtaining information on the scope and order of the project to be undertaken. This information is hoped to be available by the end of September in order to be considered within the overall budget. Mr. Penniman noted that the amount of funding available for capital projects next year is greatly reduced from requested amounts. Mr. Penniman provided members of the Board with copies of anticipated savings and surpluses during the current year and a draft copy of proposed budget meeting schedules for October. He requested members contact him by the end of the week if there were any conflicts. Mr. Proto inquired if any discussion took place on the subject of local income tax. Mr. Penniman said that the Committee had not discussed it and felt that it would be a matter to review following the budget adoption. He also said that there is a resolution coming from the Committee regarding State income tax that requests no further reductions in the implementation in order to make more funds available to county governments. Mr. Penniman said a final budget meeting calendar will be available next week. Report from the Public Safety Committee Mrs. Schuler, Chair, reported the Committee has not met since the last Board meeting. Budget meetings will start on Thursday, September 5, 2002 from 12:30 — 3:30 p.m. Report from the Health and Human Services Committee Mr. Winch, Chair, reported the Committee has not met since the last Board meeting. Report from the Information Technology Services Committee Mr. Winch, Chair, reported the Committee has not met since the last Board meeting. 299 September 3, 2002 Report and Presentation of Resolution(s) from the Charter Review Committee Mr. Lane, Chair, reported that the Committee met August 28, 2002, and reviewed three articles of the Charter: Probation, Financial Procedures and Controls, and the Department of Finance. He said that it is the hope of the Committee to be close to completion in October. He noted there has been difficulty in making a decision with regard to the new name of the Probation Department. The preferred name of "Tompkins County Department of Probation and Community Justice" was unanimously approved by the Public Safety Committee, however, the name approved by the Charter Review Committee is "Tompkins County Probation and Alternatives". Further discussion will take place at the next meeting on September 11, 2002. RESOLUTION NO. 215 - INTENT TO CHANGE THE NAME OF "1'11l; BOARD OF REPRESENTATIVES" TO THE "TOMPKINS COUNTY LEGISLATURE" MOVED by Mr. Lane, seconded by Mr. Penniman. Mr. Lane said this is the intent to change the name of the Board of Representatives, and would not actually occur until the Charter revisions are completed. Mr. Proto inquired as to the cost of making this name change. Mr. Joseph said that he had been asked this question and was informed that there is little impact outside of the actual Board of Representatives office, and the cost for the change would be minimal. Mr. Joseph said if the changes are made it was estimated to cost approximately five hundred dollars. Mr. Wood, County Attorney, said that he felt there would be many changes within the Charter and Code that could potentially add to the cost. Mr. Lane replied that the majority of the Charter is changing and would require a reprint and that the name change would be done at the same time. A voice vote on the resolution resulted as follows: Ayes — 13 (Representatives Blanchard, Booth, Herrera, Joseph, Koplinka-Loehr, Lane, McBean, Penniman, Proto, Robertson, Schuler, Todd, and Totman); Noes — 1 (Representative Winch); Excused - 1 (Representative Kiefer). RESOLUTION ADOPTED. WHEREAS, pursuant to the Tompkins County Charter and Code, the elective governing body of the County is called "The Board of Representatives," and WHEREAS, the Charter Review Committee is recommending the name "The Board of Representatives" be changed to the "Tompkins County Legislature" to better clarify the identity of this elective body, now therefore be it RESOLVED, on recommendation of the Charter Review Committee, That it is the intent of this Board to change the name of "The Board of Representatives" to the "Tompkins County Legislature" at the time the revised Charter is adopted. SEQR ACTION: TYPE II -20 Report from the Communications Capital Projects Committee Ms. Blanchard, Chair, reported that the Committee met on August 27, 2002. The Request for Proposals (RFP) for the upgrade to the Public Safety Communications System had just been opened and there were not a lot of details yet available. She did say that staff had learned that two vendors responded: Motorola, who presented three separate proposals, and Clough Harbour who presented a proposal to be a subcontractor for project and site management. She noted that Clough Harbour's response was separate as it did not respond to the RFP. With regard to the Motorola proposals, the cost varied between 10.8 and 15.5 million dollars, excluding subscriber equipment. They involved a variety of tower configurations that involve reusing some existing towers, a few new towers, and rebuilding some sites. The three designs varied in technology between simulcast and multicast which is a fine point that does not effect the operation to any degree. 300 September 3, 2002 At this point, the County is in sync with the State-wide network project and the Committee discussed how the proposals will be evaluated. This evaluation is fairly complicated and will involve a user group to analyze the information to determine if any should be discarded and how they will fit the needs of the user group. The evaluation team will be composed of Steve Whicher, Lee Shurtleff, Mikel Shakarjian, and Jonathan Wood. This team will be receiving information from the NYSTEC consultants that have been used in the past. The evaluation team will be communicating the progress as they move through the evaluation and will report to Mr. Totman and Ms. Robertson. In the next few weeks a meeting will take place with Mr. Penniman while at the New York State Association of Counties meeting. Ms. Blanchard said the bid is good for a six-month period that allows time to review the proposals as well as determine what the Statewide Network learns when they open their proposals on January 3, 2003. Ms. Blanchard said that the paging project is moving forward. At the present time a scope of services is being prepared with United Radio so that the final design can be refined. Mr. Shurtleff recommended pausing work on the project temporarily until the request for proposals from the Public Safety Communications System are reviewed in order to make certain that all items are compatible. Mr. Whicher had reported to the Committee that the Governor's office has authorized its staff and the staff of the Statewide Network to work with Tompkins County to negotiate the issues and terms of a partnership. Mr. Todd was excused at 7:00 p.m. The Communications Center Building Committee met on August 23, 2002. At that time they learned that the cost on the project went up several hundred thousand dollars due to an increased electrical load and changes in the HVAC and sprinkler system. The cost is still under three million dollars. This committee asked Communications and Capital Projects Committee to authorize the final development of contract documents and it was unanimous to authorize Egner Associates to prepare the final documents. In the meantime, the Committee is looking at the equipment to be installed. Lastly, Ms. Blanchard said that Mr. Marx, Planning Commissioner, reported that activities on the Department of Transportation relocation are moving forward and there will be a joint meeting with officials from Department of Transportation, and the Town and Village of Dryden, regarding the proposed sites. Ms. Robertson said that the six-month time frame for the evaluation of the Motorola proposal provides time to review information the State receives on their Statewide Network proposal. Ms. Blanchard agreed that the timing is good and it provides an understanding of the proposals as well as allow comparison with the State's proposals. Mr. Booth said the 911 building committee asked that possible savings through NYSERDA grants be looked into to reduce costs. Report from the Fiscal Management Committee Mr. Joseph, Chair, reported the Committee has not met for regular business since the last Board meeting. Report from the Public Safety Building Space Planning Committee Mr. Joseph, Chair, said the Committee met and went over responses received on a request for qualifications to select the architect/designer for the public safety building. The Committee unanimously selected three of the best proposals and have scheduled interviews with them. 301 September 3, 2002 Report from the Space Needs and Location Committee Mr. Joseph, Chair, said the Committee met and had general discussions regarding numerous possibilities for use of County buildings. Report from the Ethics Advisory Board Ms. Kiefer, Chair, was absent to provide a report. Mr. Proto inquired whether any form of update was available on the status of the complaint currently being handled by the Committee. Mr. Wood, County Attorney, said that at the last meeting it was determined to request a response to the individual's complaint from the parties involved in this matter. At the present time one response has been received, the other is due by the end of the next week. These responses will go to Committee members for their review and determination. The Ethics Board will next meet on September 23. Approval of Minutes of August 20, 2002 It was MOVED by Mr. Winch, seconded by Mr. Booth, and unanimously adopted by voice vote by members present, to approve the minutes of August 20, 2002 as submitted. MINUTES APPROVED. Adjournment On motion the meeting adjourned at 7:07 p.m. 302 September 17, 2002 Regular Meeting Called to Order Chair Joseph 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 (Representative Winch). Presentation of Proclamation(s) Chair Joseph presented the following proclamation(s): > Employ the Older Worker Week in Tompkins County - September 22-28, 2002, to Regina McGriff, Employment Program Coordinator for the Tompkins County Office for the Aging; > Latino Heritage Month in Tompkins County, September 16 - October 19, 2002, to Leo Vargas; and > Sheriffs Week in Tompkins County, September 15-21, to Sheriff Peter Meskill Privilege of the Floor by the Public Nancy Zahler, Director of the Tompkins County Youth Bureau, spoke of the young people who attended recent Board meetings and expressed their feelings about the Outings Program. She recognized them for the amount of courage they displayed as they presented themselves at the microphone and addressed the Board. Ms. Zahler spoke of the Outings Program and said the Executive Committee of the Tompkins County Youth Board has prepared a letter that will be distributed to all Board members in which the value .of the program is stated and provides reasons behind the Youth Board's decisions. She summarized the contents of the letter and said it poses policy questions such as whether the Board wants to invest in effective prevention programs that reach troubled youth from throughout the County to avoid more costly placements of foster care and the criminal justice system. The letter also addresses whether the Board wants to continue to foster intermunicipal collaborative model that couples specialized service, expertise, and equipment from a centralized provider with a network of local staff and teachers from throughout the community. Ms. Zahler conveyed a message from the Tompkins County Youth Board that they appreciate the support and commitment that has already been made by Tompkins County to families and youth in the community. They also hope the Board will increase the Youth Bureaus' funding to enable them to maintain their current level of service. Ms. Zahler presented a fmal project report from E.R.A. (Economics Research Associates) entitled Evaluation of Recreation Options for Cass Park, Stewart Park, and Newman Golf Course in Tompkins County, New York. She said she will keep the Board informed as the process moves forward and will place a copy of the full report on file in the Board of Representatives' Office. Fay Gougakis, City of Ithaca, spoke concerning the recent police efforts towards aggressive driving. She said she has been complaining for a long time to the City about speeding and although a new effort is being made she does not believe it will be enough. Ms. Gougakis said the City currently has three vacant police officer positions and has no plans to fill them due to budget problems. She said this is upsetting to her because she feels public safety is important and should be a priority. Ms. Gougakis asked Board members to urge City officials to fill these positions. She also believes the colleges should be assisting financially in this effort as well. 303 September 17, 2002 Kelly Dietz, City of Ithaca, spoke to the Board in regard to expansion of the Tompkins County Public Safety Building. She said she does not feel enough is being done to identify the systemic reasons behind the overcrowding of the jail that have nothing to do with increases in crime rates. Ms. Dietz said these reasons include delays in arraignments, trials, and sentencing; unreasonable bails; and a lack of some type of half -way house or transition residence. She said there does not seem to be enough commitment to alternative -to -incarceration programs and expressed concern about a lack of use to available alternative -to -incarceration programs that currently exist in Tompkins County, such as the Conditional Release Program. Ms. Dietz said instead of planning for a new jail she would rather see better coordination amongst agencies. Andy Doyle, City of Ithaca, spoke concerning expansion of the Tompkins County Public Safety Building. He said he recently traveled to Albany to talk about prison overcrowding and building new prisons. Mr. Doyle said over the last thirty years spending on prisons has increased substantially, while spending on education has decreased. He stated there is also an inherit racism that exists at both the State and local level in the prison system that is not being addressed. Mr. Doyle spoke of constructing a new jail in Tompkins County and said he feels that would only intensify the problem that exists because it will take the pressure off of finding new solutions. Katie Williams, Brooktondale resident and a teacher at the McCormick Youth Center, spoke concerning expansion of the Tompkins County Public Safety Building. Ms. Williams said she teaches a criminal law class at the Youth Center and works primarily with individuals who are high-school graduates or those who have received their G.E.D.'s. All of these students are felony offenders and many were incarcerated before the age of 12. She said their entire identity is based on incarceration and yet they still have the courage and the desire to come back into the community and be productive. Ms. Williams said if the public is to accept a society where one in every 32 people have an association with the legal system, then the public has to accept that responsibility. She said in order to do that, society needs to educate those individuals, not incarcerate them. Privilege of the floor by the Public was reopened after the Tompkins Cortland Community College presentation to accommodate individuals who arrived later. Privilege of the Floor by Board Members Ms. Kiefer, District No. 10 and Chair of the Ethics Advisory Board, announced the September 23 meeting has been rescheduled to September 30 at 11 a.m. Mr. Todd, District No. 6 Representative, reported he had an opportunity to meet with Valeria Coggin, Director of Assessment, who supplied him with interesting information. He said he learned the total property value assessment in Tompkins County is approximately $7 billion and about half of that is taxable. He said the Assessment in the Town of Lansing in the past year went up by 7.65 percent which is much more than any other area in the County. The total assessed valuation in Lansing was $829 million and is almost the same as the entire City of Ithaca in terms of taxable property. The difference is that there is approximately $2 billion in the City of Ithaca that is exempt from paying property tax. Mr. Proto, District No. 7 Representative and Chairman of the Water Resources Council, reported the New York State Department of Environmental Conservation has promulgated new storm water regulations. He said any time an acre or more of land is involved, a DEC -approved plan has to be in place for storm water management. Mr. Proto said the plans have to be submitted by March, 2003 and will be implemented by 2008. He said this will be most applicable in the City of Ithaca, Town and Village of Lansing, Village of Cayuga Heights, portions of the Towns of Ithaca and Dryden, and the Town of Ithaca. The cost in the Town of Ithaca of this new regulation has been modestly estimated at $1 million. Mr. Proto said the Water Resources Council is planning a public education program and will hold a seminar next month for highway superintendents and municipal officials. He hopes to have more information to provide to Board members at the next Board meeting. 304 September 17, 2002 Ms. Blanchard, District No. 2 Representative, referred to Mr. Proto's comments and asked him to find out whether or not this is intended to replace the local municipality's ability to approve storm water drainage plans as part of site plan review. Representative Lane, District No. 14 Representative, reported a primary election was held last Tuesday in which he was a candidate. He said he was not successful in that election, but extended congratulations to Barbara Lifton who was successful. Representative Herrera, District No. 5 Representative, announced Latino Heritage Month will be celebrated in Tompkins County September 16 thru October 19, 2002 and encouraged Board members to attend some of the many events that will be held during that time. Report from a Municipal Official No municipal official was in attendance. Presentation - Tompkins Cortland Community College Carl Haynes, President of Tompkins Cortland Community College, presented the following report on the College's Master Plan. He noted the presentation is for information only at this time; items requiring approval will be presented to the Board at a later date. FACTSHEET MASTER PLAN Summary of Master Plan. The College's $21 million dollar master plan includes a digital media center, new classrooms, cyber cafe, mini -conference facility, athletic facility, and infrastructure repairs. The plan calls for all athletic and recreation space to be moved to a new, stand-alone athletic facility, creating room in the College's main building for new instructional space. The new facilities will help the college accommodate record enrollment, which has grown 35 percent in the past five years with another double-digit increase expected this year. The plan also accommodates strong growth and change in the new media curriculum and in the inter -collegiate athletics program. Master Plan Funding. The State University of New York develops a capital construction budget every five years. The next one is due to the state legislature for approval in early 2003. This budget pays for 50 percent of all SUNY community college master plan projects, including the plan submitted by TC3 in December 2001. The remaining 50 percent is called "the local share" and is the responsibility of sponsoring county governments. In TC3's case, the local sponsors are Tompkins and Cortland counties. TC3 has pledged to help the counties cover their local share through private fund raising and with funds from its own capital chargeback account. Seeking County Approval. SUNY has agreed to use funds remaining in its current capital construction budget to pay for its share (50 percent) of the cost of design work for the new athletic facility. Total estimated cost is $540,000. The remaining 50 percent, the local share, will be paid with funds from TC3's capital chargeback account. The capital chargeback system requires a county to pay $300 per full time equivalent student that attends a community college in another county. These funds can only be used for capital projects on the campus that receives the funding. Significance of County Approval. County approval now allows design work on the athletic facility to begin this year. This facility must be completed first to create space in the main building for the instructional components of the project. When the entire $21 million master plan receives final approval from SUNY and our sponsoring counties (in 12 to 15 months), the project can be completed one year 305 September 17, 2002 sooner if design work on the athletic facility is completed within the next year. The college needs new classroom space as soon as possible. Privilege of the Floor by the Public (continued) Meg Morris, Town of Ithaca resident, said she didn't move to Ithaca just to pay low taxes. She stated she would prefer to have her taxes raised instead of cutting many important and worthwhile County programs. She spoke of the quality of life in Tompkins County and stated many people reside here because they value that quality of life. John Aasen, Town of Lansing resident, said as a farm owner, he cannot support a 22 percent property tax increase. Mr. Aasen said he understands there are some services the County must provide, but feels this is not a realistic increase and feels the County needs to reduce the current budget proposal. Jeff Cook, Town of Lansing resident, expressed concern about a 22 percent property tax increase and said although services are needed, the County needs to examine what is absolutely necessary and cut programs where possible. Chair's Report and Appointment(s) Mr. Joseph had no report. Appointment(s) Mr. Joseph made the following appointment(s): Workforce Development Board Terms expire June 30, 2003: Mary Opperman Doug Czerwonka Paul Gardner Terms expire June 30, 2004: Steve White Milton Goldstein Report from the County Administrator Mr. Whicher distributed a full-time equivalent position report as requested by Representative Proto. He also reported Judy Tynyk, Director of Weights and Measures, has submitted her resignation and request for early retirement. He stated Ms. Tynyk has moved her office from her home into the new Bostwick Road Public Works facility. Mr. Whicher said at a previous meeting he spoke of the need to move the County's permanent records from the Biggs A building to the Old Library. He said a plan to do that was prepared by Brooke Kominos, Bob Hillick, and Steve Estes for a small amount of money. He noted this project was originally projected to cost approximately $30,000, but was done at almost no cost. He thanked Sheriff Peter Meskill, Chief Deb Neimi, for allowing Officer Sean Shollenberger and the Sheriffs Jail crew move the records. Mr. Whicher said this was a very collaborative and innovative project that many employees were involved in. He thanked Anita Fitzpatrick, Personnel Commissioner, for creating the work environment where this kind of solution was created. Report from the County Attorney Mr. Wood reported the argument with Town of Ithaca concerning the Bostwick Road Facility was heard by the Appellate Division. He said he has not received a decision but feels confident the court will rule in the County 's favor. 306 September 17, 2002 Report from the Finance Director Mr. Squires reported the County, as the trust officer for the courts, was recently audited by New York State for its handling of court and trust funds. He said the State concluded its report with no findings of anything being wrong. Mr. Squires reported approximately 1,500 notices were sent to the public at the beginning of September notifying them of unpaid 2002 taxes. Mr. Squires said if anyone received that notice and does not pay the taxes for 2002 by September 30, they will be advertised in the October 5 issue of the Ithaca Journal. He noted there is a 20 percent reduction from last year in the number of items that are delinquent. Addition of Resolution(s) to the Agenda There were no resolution(s) added to the agenda. Withdrawal of Resolution(s) from the Agenda There were no resolution(s) withdrawn from the agenda. Approval of Appointment(s) Under the Consent Agenda It was MOVED by Mr. Booth, seconded by Mr. Koplinka-Loehr, and unanimously adopted by voice vote by members present, to approve the following appointment(s) under the Consent Agenda: Strategic Tourism Planning Board Robert Steinkamp - media, communication, and travel industry representative; term expires December 31, 2002 Approval of Resolution(s) Under the Consent Agenda It was MOVED by Mr. Booth, seconded by Mr. Koplinka-Loehr, and unanimously adopted by voice vote by members present, to approve the following resolution(s) under the Consent Agenda: RESOLUTION NO. 216 - ESTABLISHING COUNTY EQUALIZATION RATES MOVED by Mr. Booth, seconded by Mr. Koplinka-Loehr, and unanimously adopted by voice vote by members present, under the Consent Agenda. WHEREAS, pursuant to Article 4, Section 4.00 (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 2002, and for the apportionment of County taxes levied in 2003, now therefore be it RESOLVED, on recommendation of the Government Operations 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 Town of Caroline 106,641,825 100 106,641,825 Town of Danby 135,569,983 100 135,569,983 Town of Dryden 526,864,489 100 526,864,489 Town of Enfield 99,206,662 100 99,206,662 307 September 17, 2002 Town of Groton 154,716,460 100 154,716,460 Town of Ithaca 777,089,233 100 777,089,233 Town of Lansing 829,072,125 100 829,072,125 Town of Newfield 153,115,354 100 153,115,354 Town of Ulysses 241,900,330 100 241,900,330 City of Ithaca 866,733,030 100 866,733,030 TOTALS $3,890,909,491 $3,890,909,491 SEQR ACTION: TYPE 11-20 RESOLUTION NO. 217 - ADOPTION OF REGULAR AND SUPPLEMENTAL REPORTS OF TOTALS (FOOTINGS) OF ASSESSMENT ROLLS (SEE PAGES 309-310) Moved by Mr. Booth, seconded by Mr. Koplinka-Loehr, and unanimously adopted by voice vote by members present, under the Consent Agenda. RESOLVED, on recommendation of the Government Operations Committee, That the regular and supplemental report of the totals (footings) 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 2003. SEQR ACTION: TYPE 11-20 RESOLUTION NO. 218 — APPROVING AN AGREEMENT WHEREBY THE DEPARTMENT OF SOCIAL SERVICES WILL PAY THE TOMPKINS EMPLOYEES FEDERAL CREDIT UNION'S FEES FOR GENERATING MONEY ORDERS FOR CASH -PAYING DEPARTMENT OF SOCIAL SERVICES CLIENTS MOVED by Mr. Booth, seconded by Mr. Koplinka-Loehr, and unanimously adopted by voice vote by members present, under the Consent Agenda. WHEREAS local social services districts are mandated by New York State to accept cash payments and repayments from certain current and former recipients, and WHEREAS, both the quantity and the sums involved in these transactions have increased significantly in recent years and are expected to continue increasing, and WHEREAS, the Tompkins County Department of Social Services (DSS) desires to both simplify its processes for managing these transactions and to decrease its exposure to the risks inherent in handling cash, and WHEREAS, the Tompkins Employees Federal Credit Union is conveniently located in the Human Services Building and is able and willing, so long as their money -order origination fee is covered, to accept cash from DSS -referred clients in exchange for money orders of equal value made payable to the Department, and WHEREAS, the cost of paying those fees will be less expensive to the Department than would other options for meeting the requirements, now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, That the Department of Social Services is authorized to enter into an agreement with the Tompkins Employees Federal Credit Union to implement the relationship described above. SEQR ACTION: TYPE 11-20 308 September 17, 2002 SUPPLEMENTAL REPORT OF THE COMMITTEE ON FOOTINGS (Totals) OF ASSESSMENT ROLLS 2002 TOTAL REAL ONLY REAL PROPERTY EXCLUSIVE OF ALL TOTAL AND FRANCHISE PENSION VILLAGES AND EXEMPTIONS-INC. FRANCHISE SUBJECT TO GEN EXEMPTIONS TOWNS PUBLIC SERVICE & H-WAY TAX (Roll Sec 1 & 6 (RS 1 + 6 + 7) (RS 5) (Col B + Col C) TotAss-CoTax) (B -(Footings _ Col 9 or 10 - C)) DRYDEN-Dryden Village 62,762,740 1,413,976 64,176,716 1,642,160 Freeville Village 13,362,812 439,164 13,801,976 1,486,088 TOTAL-Inside Villages 76,125,552 1,853,140 77,978,692 3,128,248 Outside Villages 443,420,119 5,465,678 448,885,797 13,056,303 TOTAL-TOWNWIDE 519,545,671 7,318,818 526,864,489 16,184,551 GROTON-Groton village 52,288,575 643,995 52,932,570 2,784,625 Outside Village 99,791,927 1,991,963 101,783,890 10,036,673 TOTAL- TOWNWIDE 152,080,502 2,635,958 154,716,460 12,821,298 ITHACA-Cayuga Heights 266,365,790 3,562,437 269,928,227 2,156,610 Outside Village 499,375,026 7,785,980 507,161,006 17,092,537 TOTAL-TOWNWIDE 765,740,816 11,348,417 777,089,233 19,249,147 LANSING-Lansing Village 273,247,727 3,646,221 276,893,948 10,011,117 Outside Village 621,960,710 5,217,467 627,178,177 91,571,259 TOTAL-TOWNWIDE 895,208,437 8,863,688 904,072,125 101,582,376 ULYSSES-Trumansburg 62,755,805 1,125,725 63,881,530 (8,179,205) Outside Village 176,413,175 1,605,625 178,018,800 18,384,925 TOTAL- TOWNWIDE 239,168,980 2,731,350 241,900,330 10,205,720 September 17, 2002 Report of Committee on footings (Totals) of Assessment Rolls Prepared in 2002 To the Board of Representatives of Tompkins County Your committee reports that it has accepted the footings (Totals) of the Assessment Rolls referred to it, as made by the Assessor of Tompkins County and that the following is a correct statement of such footings (Totals). 8 9 Cd7�11 1...1 1 2 3 4 5 6 7 8 9 10 11 12 FULL VALUE OF FULL VALUE OF LAND FYry USIVE OF REAL PROPERTY po4SION AND PARTIAL SPECIAL PROPERTY OF PUBLIC SERVICE TOTAL REAL ANO FRANCHISE SUBJECT TO REAL PROPERTY AND FRANCHISE SUBJECT TO PROPERTY WITHIN INCORP. VILLAGES FOR PROPERTY OUTSIDE INCORP. VILLAGES INCLUDING BUILDINGS (Roll $UILDINGS (RS IXEMPTION TAX DISTRICT ACRES ACRES 1 Grand Total Dec. 1 Grand IRS188TotAsmt- Smlax) FRANCHISE (RS - 5) CORP. (RS 8 • RS 7) SPECIAL DISTRICT CHARGES GENERAL AND HIGHWAY TAXES GENERAL LAND HIGHWAY TAXES FOR GENERAL AND HIGHWAY TAXES WHOLLY EXEMPT GRAND TOTAL OF ROLL Lam) TAM Town of Caroline 34,747 28,150,102 107,599,855 5,955,880 1,969,950 3,027,900 112,597,705 108,841,825 106,841,825 16,301,585 128,899,290 Town of Danby 33,286 30,223.510 124,290,400 4,568,793 1,258,759 14,591,817 140,138,778 135,569,983 135,569,983 14,234,620 154,373,396 Town of Dryden 58,286 110,688,885 492.528,800 16,184,551 7,318,818 43,203,422 543,049,040 526,864,489 77,978,892 448,885,797 102,538,800 845,587,840 Town of Enfield 22,207 26,200,920 103,051,900 7,378,698 955,360 2,578,100 106,585,360 99,206,882 99,208,662 5,718,600 112,303,960 Town of Groton 30,725 37,223,811 159,794,400 12,821,298 2,835,958 5,107,400 167,537,758 154,716,460 52,932,570 101,783,890 23,019,900 190,557,658 Town of Ithaca 16,293 145,749,818 770,533,500 19.249,147 11,348,417 14,458,483 798,338,380 777.089,233 269,928,227 507,161,006 771,219,075 1,5677,557,455 Town of Lansing 37,789 180,136.203 661,405,300 101,582,378 8,863,886 280,385,813 930,854,501 829,072,125 278,893,948 552,178,177 110,457,420 1.041,111,921 Town of Newfield 36.997 35,038,958 139,114,400 6,666,785 2,939,878 17,727,881 159,782,139 153,115,354 153,115,354 24,753,080 184,535,219 Town of Ulysses 19.818 68,607,818 245,942,800 10,205,720 2,731,350 3,431,900 252,106,050 241,900,330 63,881,530 178,018,800 41,706,300 293,812,350 City of Ithaca 2,940 202.580,751 853,965.000 19.903,494 22,654,938 9,996,586 886,636.524 868,733,030 888,733,030 2,161,936,700 3.048.573,224 TOTALS 293,088 840,600,556 3,658,244,355 204,518,742 62,875,118 374,506,782 4,095,428,233 3,890,909,491 741,814,987 3,149,294,524 3,271,886,080 7.387,312,313 September 17, 2002 RESOLUTION NO. 219 - AUTHORIZING ACCEPTANCE OF A FEDERAL AVIATION ADMINISTRATION (FAA) GRANT TO PURCHASE SNOW REMOVAL EQUIPMENT (RUNWAY SANDER); RELOCATE, MARK, AND LIGHT TAXIWAY ALPHA BETWEEN STUB TAXIWAYS CHARLIE AND ECHO (PHASE I) — ITHACA TOMPKINS REGIONAL AIRPORT MOVED by Mr. Booth, seconded by Mr. Koplinka-Loehr, and unanimously adopted by voice vote by members present, under the Consent Agenda. WHEREAS, the County has received a grant offer from the Federal Aviation Administration (FAA) in the amount of $1,298,554 to purchase snow removal equipment (runway sander), and for Phase I on the ongoing project to bring the parallel taxiway up to current FAA standards, and WHEREAS, the budget for these items is as follows: FAA Share (90.0%) Account No. HT 5601.44592 $1,298,554.00 NYSDOT Share ( 5.0%) Account No. HT 5601.43592 $ 72,142.00 Local Share ( 5.0%) Account No. HT 5601.45031 $ 72,142.00 Total $1,442,838.00 , now therefore be it RESOLVED, on recommendation of the Public Works Committee, That the grant offer from the FAA of $1,298,554.00 be and hereby is accepted and that the County Administrator is authorized to execute the required documents. SEQR ACTON: TYPE II -20 RESOLUTION NO. 220 — AWARD OF CONTRACT — CASWELL ROAD LANDFILL ENVIRONMENTAL MONITORING — SOLID WASTE DIVISION MOVED by Mr. Booth, seconded by Mr. Koplinka-Loehr, and unanimously adopted by voice vote by members present, under the Consent Agenda. WHEREAS, the Tompkins County Finance Department has competitively solicited for proposals for water quality monitoring of the Caswell Road Landfill, and WHEREAS, three (3) proposals were received on August 15, 2002, now therefore be it RESOLVED, on recommendation of the Public Works Committee, That based on staff analysis of which proposer is qualified and the lowest responsible bidder, the contract be awarded to Upstate Laboratories, Inc. Services of Syracuse, New York, in the amount of $7,161.00 per year for a six (6) year term, RESOLVED, further, That the County Administrator or designee be authorized to enter into a contract on behalf of the County, funds to be provided from the Solid Waste Operating Budget, Account No. 8166.4442. SEQR ACTION: TYPE II -20 RESOLUTION NO. 221 - AWARD OF CONTRACT — HILLVIEW ROAD LANDFILL ENVIRONMENTAL MONITORING — SOLID WASTE DIVISION MOVED by Mr. Booth, seconded by Mr. Koplinka-Loehr, and unanimously adopted by voice vote by members present, under the Consent Agenda. WHEREAS, the Tompkins County Finance Department has competitively solicited for proposals for water quality monitoring of the Hillview Road Landfill, and WHEREAS, two (2) proposals were received on August 15, 2002, now therefore be it 311 September 17, 2002 RESOLVED, on recommendation of the Public Works Committee, That based on staff analysis of which proposer is qualified and the lowest responsible bidder, the contract be awarded to Upstate Laboratories, Inc. Services of Syracuse, New York, in the amount of $15,712.00 per year for a six (6) year term, RESOLVED, further, That the County Administrator or designee be authorized to enter into a contract on behalf of the County, funds to be provided from the Solid Waste Operating Budget, Account No. 8166.4442. SEQR ACTION: TYPE II -20 Presentation of Resolution from the Government Operations Committee RESOLUTION NO. 222 - AUTHORIZATION FOR EARLY RETIREMENT — WEIGHTS AND MEASURES MOVED by Mr. Koplinka-Loehr, seconded by Mr. Penniman. Ms. Kiefer thanked Ms. Tynyk for the excellent work she has done over many years in this Department and said she is thankful Ms. Tynyk will be able to continue to help out at the reduced number of hours. A voice vote resulted as follows: Ayes - 14, Noes - 0, Excused - 1 (Representative Winch). RESOLUTION ADOPTED. WHEREAS, the Tompkins County Board of Representatives authorized participation in the 2002 Early Retirement Incentive Program, and WHEREAS, the following employee is eligible and has voluntarily chosen to retire during the open period: Judy Tynyk, Weights and Measures Director — 1.0 FTE and WHEREAS, this incentive may be used on behalf of any eligible employee who so chooses, provided that the Department Head has recommended a plan that will result in a fmancial savings equal to 50 percent of the base salary of the retiring employee over a two-year period following the retirement, and WHEREAS, a savings plans as required by the New York State Retirement System was submitted to describe the method of saving funds: The Director of Weights and Measures intends to retire effective October 31, 2002 and be reinstated to work through the remainder of 2002. During 2003 the Inspector position will reduce weekly hours to 21.0 and in 2004, hours will be further reduced to 18.0. The Director currently works 40.0 hours and the Inspector currently works 35.0 hours. , and WHEREAS, such plan has been reviewed and recommended by the County Administrator, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That Judy Tynyk be authorized to retire under the terms of the 2002 Early Retirement Incentive Program, RESOLVED, further, That the fiscal target adjustment will be made in one blanket resolution later this year for all those approved for the Early Retirement option. SEQR ACTION: TYPE II -20 Report and Presentation of Resolution(s) from the Health and Human Services Committee Mrs. Schuler, Vice Chair, reported the Committee met on September 10 and many of those items are reflected on the agenda. In addition, Irene Stein, Director of the Office for the Aging, was in attendance and discussed the Community Conversation Program that was created to raise awareness of 312 the needs of caregivers. Committee on its progress. RESOLUTION NO. 223 September 17, 2002 This is a nine-month project and Ms. Stein will continue to update the - URGING REAUTHORIZATION OF THE EARLY INTERVENTION PROGRAM WHH,E MAINTAINING PRESENT FLEXIBILITY AND ACCOUNTABILITY IN RATE STRUCTURE AND SERVICE METHODOLOGY MOVED by Mrs. Schuler, seconded by Mr. Proto. Mr. Proto called attention to item numbers two and three and asked Mr. Penniman to reemphasize to the State during his trip to the NYSAC (New York State Association of Counties) Conference that Tompkins County would like the structure of this program to remain as it currently is. A voice vote resulted as follows: Ayes - 14, Noes - 0, Excused - 1 (Representative Winch). RESOLUTION ADOPTED. WHEREAS, New York State's regulations governing the Early Intervention (El) Program will be considered for reauthorization in 2003, and WHEREAS, this reauthorization will include consideration of 1) the structure of rates to be paid, 2) the methodology of service delivery (how and where children receive services), and 3) procedures for tracking and billing Early Intervention expenses, and WHEREAS, the current rate structure and service methodology (number 1 and number 2 above) work well for Tompkins County, providing substantial flexibility and accountability in the interests of serving the needs of children on an individualized basis, and WHEREAS, revision by New York State would be welcome in the area of procedures for tracking and billing expenses, in order to streamline and simplify these procedures, and WHEREAS, the Tompkins County Health Department supports the five point recommendations by the New York State Association of Counties regarding the proposed Early Intervention rate restructure, as follows: 1) Promote the consultant model of service delivery to meet the family's outcomes for their child, which should reflect child -specific developmental expectations that address the family's resources and priorities rather than recommend "any or desired" service, and 2) Revise the current service taxonomy ("fee-for-service" reimbursements) rather than create a new process (e.g., "bundled tuition", or flat -fee rate structure), and 3) Continue using the current rate methodology until a new process has been demonstrated to be successful, and work to achieve consensus among the stakeholders of the Early Intervention Program before a new rate methodology is imposed, and 4) New York State Department of Health and New York's counties should jointly monitor service providers to work towards increased accountability of independent and agency providers, and 5) Every effort must be made to more equitably distribute the financial responsibility of this statewide program, to reduce the current disproportionate burden on local tax dollars, now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, That the Tompkins County Board of Representatives urges Governor Pataki and the New York State Legislature to consider these points in their deliberations concerning the reauthorization of the Early Intervention Program, RESOLVED, further, That the State consult and involve all of the Early Intervention constituencies (counties, families, private providers and agency providers), including broad geographic representation, in its reassessment of the Early Intervention fmancial structure, RESOLVED, further, That a certified copy of this resolution be forwarded to Governor George E. Pataki, Senator James Seward, Senator John Kuhl, Assemblyman Martin Luster, and New York State Association of Counties. SEQR ACTION: TYPE II -20 313 September 17, 2002 Report from the Planning Committee Ms. Kiefer, Chair, reported the Committee has not met since the last Board meeting. The next meeting will be September 19. Report and Presentation of Resolution(s) from the Government Operations Committee Mr. Koplinka-Loehr, Chairman, reported the Committee met on September 10 and most of the business conducted at that meeting is reflected in resolutions that appear on the agenda or will come before the Board at a later date. Mr. Koplinka-Loehr asked committee chairs to forward comments and recommendations on the advisory board surveys to the Government Operations Committee as soon as possible. RESOLUTION NO. 224 - MAKING A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE IN RELATION TO RESOLUTION NO. 225 OF 2002 (SALE OF "CAROLINE PINNACLES" PROPERTY) MOVED by Mr. Koplinka-Loehr, seconded by Mr. Totman, and unanimously adopted by voice vote by members present. WHEREAS, in Resolution No. 225 of 2002, the County Board of Representatives would authorize the sale of the "Caroline Pinnacles" land, tax parcel number 25.-1-24.2 to Cornell University, and WHEREAS, the parcel was acquired through foreclosure, was determined to have natural area value and was therefore withheld from auction to investigate possible sale to an entity that would be capable of protecting and willing to protect such value, which protection would be in the public interest, and WHEREAS, a sale to Cornell University should achieve that public goal, and WHEREAS, the Tompkins County Board of . Representatives has reviewed and accepted as adequate an Environmental Assessment Form with respect to that action, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That Resolution No. 225 of 2002 is an unlisted action, RESOLVED, further, That the Board of Representatives hereby makes a negative declaration of environmental significance in regard to Resolution No. 225 of 2002, RESOLVED, further, That if the details of the draft negotiations agreement change in any material way, the Board of Representatives must revisit this Negative Declaration. SEQR ACTION: Unlisted (Short EAF is on file in the Clerk's office) RESOLUTION NO. 225 - AUTHORIZATION TO CONVEY TO CORNELL UNIVERSITY PARCEL NUMBER 25.-1-24.2 ("CAROLINE PINNACLES") MOVED by Mr. Koplinka-Loehr, seconded by Mr. Totman. Mr. Proto asked if a survey had been completed on this property. Mr. Koplinka-Loehr said there is not a survey that was completed by the County or Cornell University. Mr. Proto said he feels it is very unfortunate the County is going to convey this property to Cornell without performing a survey. Mr. Whicher said the primary reason for this is because the cost of the survey and deed search would have cost the County more than the property is worth. A voice vote on the resolution resulted as follows: Ayes — 10; Noes - 4 (Representatives Kiefer, Proto, Schuler, and Todd); Excused - 1 (Representative Winch). RESOLUTION ADOPTED. WHEREAS, by tax foreclosure proceedings, the County acquired Tax Parcel number 25.-1-24.2 located on White Church Road in the Town of Caroline in 1998, and 314 September 17, 2002 WHEREAS, in accordance with the County Land Transactions Policy, the parcel was withheld from the County auction in 1998 for two reasons: 1) to correct errors in property lines (regarding an existing trailer on the land); and 2) to study the site's natural features, as it was in Unique Natural Area #180, "Caroline Pinnacles," and WHEREAS, members of the Environmental Management Council and the Finger Lakes Land Trust visited the site in 1998, and found that a portion of it contained species which are rare or scarce in this region (hair grass, glaucous honeysuckle, pitch pine, and downy arrowwood), and recommended that this parcel be protected, and WHEREAS, in 1999, lot boundaries for parcel no. 25-1-23 (the adjoining lot with a trailer on it which did not appear in the 1998 tax maps) were corrected and the County's parcel became smaller and changed shape, going from one large tract of 31.02 acres to a 30.41 acre parcel nearly split in two, and WHEREAS, in 1999/2000, the County negotiated with Cornell University on the sale of the land, and at Cornell's request the County agreed to split off one acre and the existing old house located on the parcel, which subsequently sold in the 2000 auction for $5000, and WHEREAS, during the survey of the one -acre lot, parcel no. 25-1-24.2 was reduced in size from 30.41 acres to 28.04 acres, and WHEREAS, in 2000, Cornell University conducted a partial survey of the land, which estimated that the County actually owned significantly less acreage (approximately 10 acres) than the County thought, and that the survey indicated that the County probably does not own the environmentally significant part of the site but that Cornell University does, and WHEREAS, Cornell University remained very interested in acquiring the parcel because it provides the best access to the environmentally significant portion of the site and that ownership of this access is important to any potential future research projects regarding the environmentally significant area; and WHEREAS, the Government Operations Committee voted on March 12, 2002 to auction the parcel in the 2002 auction, and WHEREAS, on May 7, 2002, the County Board of Representatives passed Resolution No. 79 withdrawing the parcel from the public auction until a suitable method be determined to complete the survey, and WHEREAS, in June, 2002, the County received a cost estimate of $1,160 from T.G. Miller P.C. to complete a boundary survey for the parcel, and WHEREAS, in September, 2002, Cornell University tendered a purchase offer for acquiring the land for $5,000, which includes the stipulation that the property shall be preserved and maintained as Natural Areas pursuant to criteria established by the Cornell Plantations Natural Areas Committee or its successor, and that no cellular tower or related equipment will be constructed on the property for 25 years, and WHEREAS, prior to considering any offering on this parcel all procedures of the County Land Transaction Policy have been complied with, and acceptance of the purchase offer is recommended by the Governmental Operations Committee, and WHEREAS, the County Land Transaction Policy states that whenever the Board of Representatives decides to negotiate a sale for less than the fair market value for real property, the resolution shall clearly state the public purpose served by conveying for this price, and that the resolution shall include the Assessment Department's estimate of the fair market value of the property at its highest and best use, and WHEREAS, the public purpose served by sale of this land to Cornell University is to protect significant natural resources, and the Assessment Department estimates that the fair market value for this parcel is $500 per acre, given the topography of the site, which results in a total value of either $14,000 if the parcel is actually 28.04 acres to $5000 if the parcel is actually ten (10) acres, and WHEREAS, contingent upon Board approval, said property shall be conveyed by Quit Claim Deed to Cornell University for the sum of $5000, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That upon receiving required payment in full, that the County Administration be and hereby is authorized to execute said Quit Claim Deed for said parcel acquired through foreclosure proceedings. SEQR ACTION: Unlisted 315 (Short EAF is on file in the Clerk's office) September 17, 2002 Report from the Economic and Workforce Development Committee Mr. Lane, Chairman, reported the Committee spent most of its time at the last meeting reviewing budget requests. He said the budget process allowed them to look at a number of items and for the majority of items, the Committee concurred with the County Administrator's recommendations. Report and Presentation of Resolution(s) from the Budget and Capital Committee Mr. Penniman, Chairman, reported the Committee met on September 14 and devoted most of the meeting to discuss Airport capital projects. Mr. Penniman reminded the Board of the public budget forum that will be held on September 24 from 7 p.m. to 9 p.m. at the Human Services Building. The next Committee meeting will be September 24 at 3 p.m. At that meeting the Committee will be discussing the Tompkins Consolidated Area Transit budget. RESOLUTION NO. 226 - URGING SUPPORT FOR STATE LEGISLATION PROVIDING FOR PROPERTY TAX RELIEF BY INCREASING REVENUE FOR COUNTIES DERIVED FROM THE NEW YORK STATE PERSONAL INCOME TAX MOVED by Mr. Penniman, seconded by Mr. Todd. Mr. Proto suggested removing the wording "by those who can most afford it" in the first Resolved. Mr. Penniman said he could not agree to remove that wording because he feels it is an important part of the resolution and is one of the real differences between the income tax and property tax. He said the income tax more consistently taxes the higher income levels. Mr. Proto also asked that the resolution include some reference to revenue sharing. Mr. Penniman said his intention in bringing this to the Board now is to get it approved by the Board and take it to the NYSAC Conference next week. He said some of the wording contained in the resolution is intentionally unspecific to allow the opportunity for more county legislatures to support it and he would prefer not to specify specific revenue programs that would be supported by this money. Mr. Joseph said if an opportunity presents itself he will bring revenue sharing up at the meeting. Mr. Lane thanked Mr. Penniman and his Committee for bringing this resolution forward. He said he has spent the last five months speaking to residents and has found the number -one item they are suffering from is high property taxes. He said this is an important item for the State to consider, as is changing the way things such as schools are paid for. Mr. Joseph said this is the first time since he has been involved in politics that he has seen a governmental body talking about tax reform that means something other than simply cutting taxes. He said this resolution addresses the fact that taxes are unfair and need to be reformed to change who pays what proportion of them. He said this actually calls for an increase in taxes for the wealthiest people in the State and for the stated reason that those people are not paying their fair share and too much is falling on the lower and middle- income people and that is not fair. He said he hopes this is the opening of a citizens uprising against the tax structure that this State now has. A voice vote resulted as follows: Ayes - 14, Noes - 0, Excused - 1 (Representative Winch). RESOLUTION ADOPTED. WHEREAS, based on results of the New York State Association of Counties survey of 2002 County Budgets, eighty-six percent of counties reported that their financial condition has deteriorated over the past year, and WHEREAS, counties have indicated that there are several reasons for their fiscal decline including the increased cost of existing State mandates, a weak economy, and the impact of new State mandates, and 316 September 17, 2002 WHEREAS, on average, county adopted budgets for 2002 have increased by five percent, with counties reporting that on average, fifty-eight percent of their budgets are mandated by the State and not discretionary to the county, and WHEREAS, many counties are now projecting additional large increases in spending for 2003, primarily due to State mandates, with the potential for large property tax increases, and WHEREAS, Tompkins County is expecting a twenty-six percent total increase in the growth of Medicaid costs paid by local taxes during the years 2002 and 2003, driven by several components including the new costs associated with the Family Health Plus Program and spikes in prescription drug and nursing home costs, and WHEREAS, Tompkins County will be forced to increase spending by $3.1 Million for Medicaid during 2002 and 2003, causing a 14.2 percent increase in property taxes during 2003, and WHEREAS, given the burden of State mandates, counties are being forced to choose between large tax increases and severe reductions in many other basic services that our citizens have come to expect and require in order to maintain their quality of life, now therefore be it RESOLVED, on recommendation of the Budget and Capital Committee, That the Tompkins County Board of Representatives urges the State of New York to adopt legislation that will increase the payment of taxes by those who can most afford it, by imposing a higher personal income tax rate for individual incomes above $100,000, with an additional tax rate increase for incomes above $200,000, RESOLVED, further, That the State use the additional funds to provide property tax relief to counties through increased State reimbursements to counties for mandated programs, RESOLVED, further, That the Clerk of the Board is directed to supply a copy of this resolution to Honorable Sheldon Silver, Honorable James L. Seward, Honorable Martin Luster, Honorable Randy Kuhl, and the Honorable Joseph Bruno. SEQR ACTION: TYPE II -20 RESOLUTION NO. 227 - LEASE OF LAND TO TOMPKINS CORTLAND COMMUNITY COLLEGE FOUNDATION, INC., (FOR STUDENT HOUSING FACILITY PARKING LOT) TOMPKINS CORTLAND COMMUNITY COLLEGE MOVED by Mr. Penniman, seconded by Mr. Lane, and unanimously adopted by voice vote by members present. WHEREAS, the College holds a beneficial interest in certain real property situated north and in the vicinity of a thoroughfare known as Far View Drive in the Town of Dryden which has been identified as being an ideal location for a parking lot containing approximately two (2) acres which would accommodate about 130 automobiles (the precise metes and bounds and acreage thereof to be fixed by survey) (herein, "the Property"), and WHEREAS, pursuant to Education Law §6306(4) title to the Property is vested in and held by Tompkins County and Cortland County in trust for the uses and purposes of the College, and WHEREAS, Tompkins Cortland Community College Foundation, Inc., (herein "the Foundation") owns, leases, and manages dormitories in the vicinity of the Property and proposes to construct an additional dormitory in this area, which presently will provide housing accommodations for students of the College ("the Dormitory"), and WHEREAS, the Foundation has expressed a desire that a parking lot be constructed in the vicinity of the existing and proposed dormitories in order to provide adequate parking for students residing there ("the Parking Lot" and collectively with the Dormitory, "the Facility"), and WHEREAS, the College is amenable to leasing the Property to the Foundation so that it may acquire, construct, and equip thereon at its sole cost and expense and thereafter maintain, repair, and otherwise be solely responsible for the Facility suitable for the Foundation's needs as above recited, and WHEREAS, the Foundation desires to finance the cost of the acquisition, construction, and equipping of the Facility in an amount not to exceed $6,000,000 through the issuance by the Tompkins 317 September 17, 2002 County Industrial Development Agency ("the Issuer") of its Civic Facility Revenue Bonds (Tompkins Cortland Community College Foundation Project) ("the Bonds"), and WHEREAS, the Foundation reasonably expects that it will (1) pay or incur certain capital expenditures in connection with the acquisition, c