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HomeMy WebLinkAbout2003 Proceedings2003 PROCEEDINGS Tompkins County Legislature 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 Legislature 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 Legislature of the County of Tompkins, New York, for the year 2003, contained in this volume is true and correct. CATHERINE COVERT Clerk of the Legislature 2003 STANDING AND SPECIAL COMMITTEES ASSIGNMENTS AND RESPONSIBILITIES STANDING COMMITTEES Budget and Capital Penniman (Chair), Booth (Vice Chair), Schuler, Todd, Koplinka-Loehr Appropriations Borrowing and Debt Service Contingent Funds Fund Balances Unallocated Revenues Budget process Fiscal Policy TC3 TCAT Capital Programs Consumer and Community Affairs Kiefer (Chair), Schuler (Vice Chair), Proto, Lane, Totman Weights and Measures Board of Elections Tompkins Community Action Cooperative Extension Tompkins County Public Library Rural Libraries Finger Lakes Library System Utilities County Clerk Dewitt Historical Society County Historian Government Operations Koplinka-Loehr (Chair), McBean (Vice Chair), Lane, Herrera, Todd Personnel Department/issues Affirmative action Performance Reviews Board of Representatives Charter and Code Human Rights Administration Code/Board of Ethics Law Finance Purchasing Risk Management Public Information Assessment Planning, Development and Environmental Quality Lane (Chair), Kiefer (Vice Chair), Herrera, Winch, Penniman 2003 STANDING AND SPECIAL COMMITTEES ASSIGNMENTS AND RESPONSIBILITIES Planning Department MPO Soil and Water Conservation District Flood Control/Water Quality Environmental Management Council Land management Workforce Development TCAD Industrial Development Agency Chamber of Commerce Arts Tourism Program/CVB Strategic Tourism Planning Ithaca Downtown Partnership Celebrations Facilities and Infrastructure Booth (Chair), Robertson (Vice Chair), Blanchard, Winch, Kiefer Facilities Bridges and Highways Airport Solid Waste/Recycling Public Works Administration Information Technology Services Department Public Safety Blanchard (Chair), Totman (Vice Chair), Herrera, McBean, Robertson Alternatives to Incarceration Criminal Justice District Attorney Defense of Indigents Probation Sheriff/Jail Public Safety Building renovation/expansion STOP -DWI Domestic violence prevention Emergency Management Relevant Human Services Coalition Agencies Health and Human Services Robertson (Chair), Schuler (Vice Chair), Penniman, Proto, Koplinka-Loehr Department of Social Services Mental Health Department/Agencies Public Health Department/Agencies Alcohol Addiction Health Planning Council 2003 STANDING AND SPECIAL COMMITTEES ASSIGNMENTS AND RESPONSIBILITIES Human Services Coalition Relevant Human Services Coalition agencies Environmental Health Animal Health and Control Office for the Aging Youth Bureau SPECIAL COMMITTEES Communications Capital Proiects - Blanchard (Chair), Penniman (Vice Chair), Booth, Totman, Robertson Consolidated 911 Department of Transportation relocation Public safety communication system Space Needs and Location - Proto (Chair), Herrera (Vice Chair), Kiefer, Robertson, Todd Short and long-term space needs Future use or disposition of County buildings Possible renovation or construction of County buildings Tax Policy - Joseph (Chair), McBean (Vice Chair), Proto, Koplinka-Loehr, Lane Work with other counties and other taxing jurisdictions to develop proposals for tax structure reform 2003 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. Preto, 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 7, 2003 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: 12 Representatives. Excused: 3 (Representatives Booth, Joseph, and Todd). District No. 1 - Barbara Blanchard, 316 Brookfield Road, Ithaca District No. 2 - Leslyn McBean, 528 West Clinton Street, Ithaca District No. 3 - Richard S. Booth, 510 Mitchell Street, Ithaca District No. 4 - Nancy B. Schuler, 110 Ferris Place, Ithaca District No. 5 - Katherine Luz Herrera, 116 Utica Street, Ithaca 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 Halseyville Road, Trumansburg Election of Temporary Chairman Mrs. Covert announced the first order of business was the election of a temporary chairman. Ms. Blanchard nominated Mr. Winch as Temporary Chairman, seconded by Mr. Koplinka-Loehr. After hearing no more nominations, it was Moved by Mrs. Schuler, seconded by Mr. Penniman, and unanimously adopted by voice vote by members present, to close nominations. A voice vote resulted as follows for Temporary Chairman: Ayes - 12, Noes - 0, Excused - 3 (Representatives Booth, Joseph, and Todd). MOTION CARRIED. Mr. Winch took the chair as Temporary Chairman. Election of a Vice Chairman Nominations were opened for Vice Chairman. Ms. Robertson nominated Mr. Lane as Vice Chair, seconded by Mr. Totman. Hearing no more nominations, it was MOVED by Ms. Herrera, seconded by Mr. Totman, 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 - 12, Noes - 0, Excused - 3 (Representatives Booth, Joseph, and Todd). MOTION CARRIED. Mr. Lane stated Representative Joseph is out of town this evening visiting relatives and said the order of business has been rearranged in order to allow the Vice Chairman to conduct this meeting. Election of Permanent Chairman The next order of business was the election of a Permanent Chairman and nominations were opened. Mr. Penniman nominated Mr. Joseph as Permanent Chairman, seconded by Mr. Koplinka-Loehr. 3 January 7, 2003 Mr. Penniman said Mr. Joseph has been an effective leader during the last year when the Board has faced some difficult decisions. He said there are three particular qualities Mr. Joseph possesses that qualify him to be the best leader for this Board in 2003: 1. He has demonstrated many times his concern for the welfare of all citizens of Tompkins County, especially for those who are less fortunate and who are not always able to speak effectively for themselves; 2. He has a real dedication to the job of County Legislator and has been able to commit a great deal of time to it. There are many tasks and decisions the Chair of the Board has to deal with of which most are administrative. He has been there day after day attending to those things. 3. He has a real gift for taking complex issues and finding the salient parts. He helps to "boil things down" to areas where the Board needs to focus. This is a very valuable skill for the person who is forming the Board Committees and running Board meetings. Mr. Penniman said for these reasons he is pleased to nominate Mr. Joseph for the position of Chairman of the Board. Hearing no more nominations, it was MOVED by Mr. Winch, seconded by Ms. McBean, and unanimously adopted by voice vote by members present, to close nominations. A voice vote resulted as follows to elect Tim Joseph Chairman of the Board: Ayes - 12, Noes - 0, Excused - 3 (Representatives Booth, Joseph, and Todd). MOTION CARRIED. Privilege of the Floor by the Public Michael Raffee, Emergency Services Director for the Tompkins County Chapter of the American Red Cross, spoke concerning the recent weather situation and power outages due to ice and snow storms. Mr. Raffee said the American Red Cross established five sites in Tompkins County to address some of the needs with the populations affected by the storms. He thanked representatives from the Bethel Grove Bible Church and the West Danby, Newfield, and Brooktondale fire departments for making the service to the community so strong. He also thanked the Tompkins County Health Department and public safety agencies for their support. Mr. Raffee also thanked the 55 volunteers from the community who stepped forward and gave up their time as well. Mr. Raffee said there needs to be better education provided to the public on emergency shelters, carbon monoxide concerns, and alternate fuel safety. He said this can be done through community disaster education efforts to the public. He noted that without a disaster declaration people had to take time off work to volunteer. Mr. Raffee said there were grant applications put forward for this effort. He said the Board needs to give consideration to setting aside funds toward mitigation efforts so that the County can leverage larger pools of money. Mr. Raffee said there were many people impacted by the situation; however, as a community Tompkins County did as much as it could and has been extremely effective. Mr. Lane thanked Mr. Raffee for the efforts of the Tompkins County Chapter of the American Red Cross. He said the efforts that Mr. Raffee spoke of are very important and he hopes the Board committee that will have the responsibility for public safety will take up some of the items that were mentioned this evening. Fay Gougakis, City of Ithaca resident, spoke of funding for the SPCA. She said she has been asking the City of Ithaca to be involved with announcing the dog barking law in the City that states there is a three-minute limit of time that a dog can continuously bark. Ms. Gougakis said she has been affected by a neighbor's dog barking very early in the morning and feels this is a serious issue. She said the SPCA does not want to inform people about this law that she believes impacts her quality of life. 4 January 7, 2003 Privilege of the Floor by Board Members Mr. Winch, District No. 8 Representative, spoke of the recent weather situation and the tremendous work performed by volunteers throughout Tompkins County. He said he is very proud of the Tompkins County volunteer fire departments, the American Red Cross, and all of the neighbors who reached out to another neighbor to help. Mr. Winch thanked Michael Raffee, Emergency Services Director for the Tompkins County Chapter of the American Red Cross for all of his work during the situation. He said Mr. Raffee has demonstrated the quality of life in Tompkins County. Mr. Proto, District No. 7 Representative, also spoke of the recent weather situation. He said he represents two of the towns in the southern portion of the County that were heavily hit by the snowstorm. He thanked Lee Shurtleff, Director of Emergency Response, for his coordination of all the fire departments within the County. He also thanked the Brooktondale, Danby, and Newfield fire companies for all of the work they did. Mr. Proto also extended his appreciation to Pete Messmer, Highway Manager, for responding to needs by the municipal highway departments. Mr. Proto said one of the concerns that was raised is that there are some places that should have generators that do not, for example, the senior citizen housing in Caroline and Ulysses. He said this will be an area to include when the County does another funding round through HUD (Housing and Urban Development). Mr. Proto thanked all of the local fire companies, the Sheriffs Office, and Michael Raffee, Emergency Services Director for the Tompkins County Chapter of the American Red Cross. Mr. Proto said he has asked Lee Shurtleff to meet with him, the Danby and Caroline Town Supervisors and Highway Superintendents, the American Red Cross, and a representative of NYSEG to determine who is in charge in this type of situation. He said one of the problems they encountered was a lack of communication and knowing who should be called to obtain information during this type of situation and hopes this meeting will provide answers to those questions. He noted NYSEG has a registry of which residents are on life support. Mrs. Schuler, District No. 4 Representative, also thanked the many volunteers and the American Red Cross for their efforts during the recent weather emergency. Mrs. Schuler briefly spoke of alternatives to incarceration and told a story of Oscar Swensen, a City Alderman who was manager of the Ithaca Leather Products during the 1930's. Mr. Swensen was very concerned about the welfare of the community during the depression. She said the City Court Judge worked with Mr. Swensen to keep Ithacans employed and out of trouble. There were some individuals who were taken to court that the Judge felt would not have been committed if the accused were not financially destitute. Mr. Swensen offered these individuals jobs and a stable salary, thereby saving the lives of these victims of the depression. Mrs. Schuler said this example shows alternatives -to -incarceration activities were taking place even at that time. Ms. Kiefer, District No. 10 Representative, reported all members should have received copies of the decision by the Ethics Advisory Board. She said the coverage the decision has received in the media has been slightly misleading. Ms. Kiefer stated there were three things that the Board deliberated about in regard to Mr. Wetmore's complaint: Whether Mr. Hershey and Mr. Cohen had a conflict of interest, whether there was an appearance of a conflict of interest, and whether certain financial disclosure forms filed and adequate. Ms. Kiefer said the charge of conflict of interest was not upheld by any evidence the Board had. However, the charges of the appearance of a conflict of interest and inadequate or incomplete financial disclosure forms were upheld. She apologized for typographical errors contain in the draft report and press release, and stated those errors have been corrected. Ms. Robertson, District No. 14 Representative, in support of her nomination of Mr. Lane as Vice Chair, thanked him for his leadership as Vice Chair of the Board. She noted many areas where Mr. Lane has lead this Board, including Charter review and redistricting. She thanked him for his attention to detail, perseverance on hard tasks, and his willingness to take a stand when necessary. 5 January 7, 2003 Mr. Penniman, District No. 15 Representative, spoke of the recent weather emergencies. He said it is extremely important that people use carbon monoxide detectors when they are using alternative sources of heat in emergency situations. Ms. Herrera, District No. 3 Representative, spoke of the Co-op Plus Energy Cooperative. She said this is a group that is offering its members an opportunity to achieve a five to ten percent savings on energy costs and eventually for the provision of energy efficiency services and renewable energy services. She said anyone who is interested should contact Kenny Christianson at 607-277-1566. Ms. Blanchard, District No. 1 Representative, reported the Municipal Gas and Electric Alliance is having a difficult time serving residential customers and is hopeful that the energy co-op will be more successful. She said the Municipal Electric and Gas Alliance will be working with them to explore ways to find further savings for residential customers. Mr. Proto, District No. 7 Representative, said he will distribute criteria for the Distinguished Youth Award to all Board members by the end of the week. Mr. Proto responded to the comments made by Ms. Gougakis under Privilege of the Floor by the Public, and said it is not the SPCA's responsibility to educate residents about local ordinances. Report from a Municipal Official There was no municipal official in attendance. Chair's Report At this time Mr. Lane, Vice Chairman, thanked the following staff members for their hard work throughout the year: Catherine Covert, Clerk of the Board; Michelle Pottorff, Deputy Clerk; Karen Fuller, Deputy Clerk, Wendy Skinner, Public Information Coordinator; Frank Rollen, cameraman; David Craig, cameraman; and Jim Blizzard, television producer. Report from County Staff There was no report from County staff. Report from the County Administrator Mr. Whicher expressed his appreciation to the many agencies during the recent emergency situation. He particularly noted the work of the Highway Department and said they did an excellent job clearing the roads for safe travel. Report from the County Attorney Mr. Wood had no report. 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. 6 January 7, 2003 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. Penniman, seconded by Mr. Totman, and unanimously adopted by voice vote by members present, to approve the following appointment(s) under the Consent Agenda: Tompkins Consolidated Area Transit Frank Proto - County Representative- term to expire December 31, 2005 Fire, Disaster, and EMS Advisory Board Lester K. Coit - Town of Groton Representative - term to expire December 31, 2004 Water Resources Council Daniel D. Konowalow - Agriculture Representative - term to expire December 31, 2005 Christian M. Boissonnas - Environmental Management Council Representative - term to expire December 31, 2005 Deborah Grantham - At -Large Representative - term to expire December 31, 2005 Monika Roth - Cornell Cooperative Extension Representative - term to expire December 31, 2005 John M. Andersson - County Health Representative - term to expire December 31, 2005 Sigrid Popowitch - Ex -officio - New York State Department of Parks, Recreation and Historic Preservation Representative Thomas Every - Recreation Representative - term to expire December 31, 2004 Todd S. Miller - Ex -Officio - U.S. Geologic Survey, U.S. Natural Resources Conservation Service Gail Steinhart - At -Large Representative - term to expire December 31, 2005 Environmental Management Council Daniel Pearlstein - At -Large Representative #2 - term to expire December 31, 2003 Karen Edelstein - At -Large Representative #9 - term to expire December 31, 2004 Kenny Christianson - At -Large Representative #7 - term to expire December 31, 2004 Steven J. Uzmann - At -Large Representative #12 - term to expire December 31, 2004 Herbert J. Engman - At -Large Representative #10 - term to expire December 31, 2004 Christian Nielsen-Palacios - At -Large Representative #11 - term to expire December 31, 2004 Daniel Lamb - At -Large Representative #8 - term to expire December 31, 2004 Soil and Water Conservation District Ronald Updike - At -Large representative - term to expire December 31, 2005 Agriculture and Farmland Protection Board Matthew M. Mix - Farmer Representative - term to expire December 31, 2006 Approval of Resolutions) Under the Consent Agenda It was MOVED by Mr. Penniman, seconded by Mr. Totman, and unanimously adopted by voice vote by members present, to approve the following resolution(s) under the Consent Agenda: RESOLUTION NO. 1 - AUTHORIZING APPLICATION FOR NEW YORK STATE DEDICATED TRANSIT FUNDING FOR TOMPKINS CONSOLIDATED AREA TRANSIT IN STATE FISCAL YEAR 2002/2003 (Amended by Resolution No. 31 of 2003) 7 January 7, 2003 MOVED by Mr. Penniman, seconded by Mr. Totman, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the Governor of the State of New York awarded a grant of State Dedicated Transportation Funds in the amount of $669,000 for State Fiscal Year 2002/2003 to purchase buses and improve facilities in Tompkins County, and WHEREAS, the Tompkins Consolidated Area Transit (TCAT) Board of Directors request Tompkins County to apply for $669,000 in State Dedicated funds on its behalf and to plan and make public improvements to the Tompkins Consolidated Area Transit public transportation system, and WHEREAS, the $669,000 State Dedicated Transportation Fund grant will reimburse one hundred percent of the cost of proposed projects as follows: Purchase one 40 ft. low -floor diesel transit replacement bus $295,000 Purchase and install up to twelve bus passenger shelters $ 60,000 Rehabilitate and Renovate TCAT Administration/Operations Facility $ 80,000 TCAT City Center Project: Architectural/Engineering design, $130,000 Conceptual Plan, Project Schedule, Cost Analysis, Environmental Review and Project Management Plan Purchase ADP Hardware/Software $ 21,000 Purchase Shop Equipment $ 6,000 Purchase TCAT Facility Sweeper/Cleaner $ 40,000 Purchase TCAT Journey Planning Software $ 30,000 Purchase TCAT Bus Stop Signs $ 7,000 TOTAL $669,000 , now therefore be it RESOLVED, on recommendation of the Public Works Committee, That the Tompkins County Board of Representatives authorizes the application for $669,000 in State Fiscal Year 2002/2003 State Dedicated Transportation Funds to the New York State Department of Transportation for the above -listed projects, RESOLVED, further, That Tompkins Consolidated Area Transit will be reimbursed one hundred percent by New York State Department of Transportation funds, which are received by Tompkins County and passed through to Tompkins Consolidated Area Transit, RESOLVED, further, That Tompkins County will accept these State funds through a supplemental contract agreement with the New York State Department of Transportation after New York State Department of Transportation's approval of the grant application. SEQR ACTION: TYPE II -20 RESOLUTION NO. 2 - ACCEPTANCE OF SNOWMOBILE TRAIL GRANT MOVED by Mr. Penniman, seconded by Mr. Totman, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, by Resolution No. 243 of 2002 the Tompkins County Board of Representatives authorized the Planning Department to sponsor and administer the Snowmobile Trails Fund Grant, and WHEREAS, the County has been awarded a Snowmobile Trail Grant from the New York State Office of Parks, Recreation & Historic Preservation (OPRHP) for the purpose of funding trail maintenance by local snowmobile clubs, and WHEREAS, the funds will be used by local snowmobile clubs to maintain 105 miles of trails in Tompkins County, and WHEREAS, the grant funds awarded are higher than the $12,000 originally estimated and included in the County's 2003 budget, now therefore be it RESOLVED, on recommendation of the Planning Committee, That the County hereby accepts funds in the amount of $18,116 from the New York State OPRHP, 8 January 7, 2003 RESOLVED, further, That the following adjustment be made to the 2003 budget: Revenue: A8027.43959 State Aid $6,116 Appropriation: A8027.54400 Program Expenses $6,116 SEQR ACTION: TYPE II -1 RESOLUTION NO. 3 - AUTHORIZING EXECUTION OF AN INTERMUNICIPAL AGREEMENT REGARDING THE CAYUGA LAKE WATERSHED INTERMUNICIPAL ORGANIZATION MOVED by Mr. Penniman, seconded by Mr. Totman, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the Cayuga Lake Watershed Intermunicipal Organization (IO) was organized to develop and implement a watershed management plan to help governments within the Cayuga Lake watershed collaborate on water -related activities for the purposes of increasing access to funding for, saving and sharing costs associated with, and increasing efficiency in water resources management efforts in the Cayuga Lake watershed, and WHEREAS, more than seventy percent of the Tompkins County land area drains into the Cayuga Lake watershed, accounting for approximately sixty percent of the total land area of the Cayuga Lake watershed, and WHEREAS, Tompkins County and many of its constituent municipalities have participated in the IO since its inception in 1998 under initial funding from New York Department of State for preparation of a document characterizing the Cayuga Lake watershed and using that as a basis for developing a watershed management plan, and WHEREAS, the IO has completed its watershed management plan, called the Cayuga Lake Watershed Restoration and Protection Plan (RPP), with specific actions to assist in the maintenance and improvement of water resources within the Cayuga Lake watershed while building and maintaining a productive economy within the Cayuga Lake watershed, and WHEREAS, the RPP will be used by local, State, and Federal governmental agencies, such as New York State Department of Environmental Conservation, to help determine funding priorities for proposed water resources management projects throughout the Cayuga Lake watershed, and WHEREAS, Tompkins County's continued participation in the IO will increase the likelihood of obtaining federal and state funding for water -related projects throughout the Cayuga Lake watershed, and WHEREAS, Tompkins County will benefit from funding received by the IO, particularly for projects that address erosion and sedimentation that are priority concerns for the Cayuga Lake watershed as listed in the RPP, and WHEREAS, eleven of the thirty-two IO members are representatives from local and County governments in Tompkins County, and WHEREAS, a draft agreement has been favorably reviewed by the Planning Committee and the County Attorney, now therefore be it RESOLVED, on recommendation of the Planning Committee, That the County Administrator is authorized to execute the Intermunicipal Agreement. SEQR ACTION: TYPE II -20 Report and Presentation of Resolution(s) from the Health and Human Services Committee Mr. Winch, Chairman, had no report. 9 January 7, 2003 RESOLUTION NO. 4 - AUTHORIZING THE ISSUANCE OF $330,000 SERIAL BONDS OF THE COUNTY OF TOMPKINS, NEW YORK, TO PAY THE COST OF THE PURCHASE OF A PARCEL OF LAND AND BUILDING THEREON LOCATED AT 2422 NORTH TRIPHAMMER ROAD, VILLAGE OF LANSING (KNOWN AS TAX PARCEL #43.1-1-45), IN THE COUNTY OF TOMPKINS, NEW YORK, FOR USE BY SAID COUNTY IN HOUSING FOODNET, THE COUNTY'S HOME DELIVERED MEAL PROGRAM FOR THE ELDERLY MOVED by Mr. Winch, seconded by Mrs. Schuler. Mr. Lane said he will abstain from voting on this resolution because he has represented the owners of this property in his private practice. He noted he did not represent them in this particular transaction. A roll call vote resulted as follows: Ayes - 11, Noes - 0, Abstentions - 1 (Representative Lane); Excused - 3 (Representatives Booth, Joseph, and Todd). RESOLUTION ADTOPED. WHEREAS, all conditions precedent to the financing of the capital project hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed, and WHEREAS, it is now desired to authorize the financing of such capital project, now therefore be RESOLVED, on recommendation of the Health and Human Services and Budget and Capital Committees, 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 purchase of a parcel of land and the building thereon located at 2422 North Triphammer Road, Village of Lansing (known as Tax Parcel #43.1-1-45), in the County of Tompkins, New York, for use by said County in housing Foodnet, the County's home delivered meal program for elderly County residents, including incidental expenses in connection therewith, there is hereby authorized to be issued $330,000 serial bonds of said County of Tompkins, New York, 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 $330,000, and that the plan for the financing thereof is by the issuance of the $330,000 serial bonds of said County of Tompkins, New York, 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 11(b) of paragraph a of Section 11.00 of the Local Finance Law. Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the County Director of Finance of the County of Tompkins, New York, 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 Director of Finance, 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. 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 its County Director of Finance and a facsimile of the corporate seal shall be imprinted or impressed thereon and attested by the manual or facsimile signature of its 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 Director of Finance of the County of Tompkins, New York, 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 it 10 January 7, 2003 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 said County Director of Finance shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 8. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the County of Tompkins, New York, by the facsimile signature of its County Director of Finance 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 its County Director of Finance. 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 Director of Finance of the County of Tompkins shall determine. Section 9. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said County is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 10. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Sections 1.150 - 2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 11. This resolution, which takes effect immediately, shall be published in full in the Ithaca Journal, the official newspaper of such County, together with a notice of the Clerk of the Board of Representatives in substantially the form provided in Section 81.00 of the Local Finance Law. SEQR ACTION: TYPE II -20 RESOLUTION NO. 5 - AUTHORIZING THE COUNTY OF TOMPKINS TO PURCHASE PROPERTY CURRENTLY USED BY FOODNET AND TO LEASE THE PROPERTY TO FOODNET MOVED by Mr. Winch, seconded by Mr. Proto. Ms. Kiefer expressed concern that this is an acquisition of property by the County and it is not stated in the resolution that the Board has followed the County 's Land Policy. Ms. Kiefer said the SEQR form that was distributed also does not refer to the County's Land Policy. She questioned what distance from the property is included when you disclose land use in the vicinity of the project, and said she is not sure if it should all be identified as commercial property or if it should include the residential properties that are in the vicinity. Mr. Wood said the area is primarily commercial but he would not oppose selecting the residential box also on the SEQR form. He said the County did follow the Land Policy, so an additional Whereas was incorporated into the resolution. 11 January 7, 2003 Mr. Proto said in the past he has not supported similar fmancing for Tompkins Community Action because of their ability to seek financing on their own. He said he will support this because Foodnet does not have access to the type of fmancing that other organizations in this community do have. He said they are primarily supported by the County and feels this is an agency the County is directly responsible for. Ms. Robertson asked for a brief explanation on the economic benefit of taking this action. Mr. Griffin, Director of Foodnet, stated this will be the best use of resources that are available in order to help the residents in this community. He said the purchase of this building is a good way for the County to save money. He said because Foodnet will save money, the savings will be passed along to the people they serve as well as the taxpayers. A voice vote resulted as follows: Ayes - 11, Noes - 0, Abstentions - 1 (Representative Lane); Excused - 3 (Representatives Booth, Joseph, and Todd). RESOLUTION ADOPTED. WHEREAS, Foodnet performs a valuable service for the County, and WHEREAS, the County currently supports this service by providing funding to Foodnet which allows Foodnet to make rental payments for its facility on North Triphammer Road in the Village of Lansing, and WHEREAS, the cost to the County would be lower if the County purchases the facility, and WHEREAS, the property has been checked in accordance with the County's land policy and found suitable for County acquisition, now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, That the County Administrator is hereby authorized to purchase the property currently used by Foodnet at 2422 North Triphammer Road in the Village of Lansing, and to enter into an occupancy agreement with Foodnet, RESOLVED, further, That the County Administrator or his designee is authorized to sign all documents necessary to effect these transactions. SEQR ACTION: Unlisted (Short EAF on file with Clerk) Report from the Information Management Committee Mr. Winch, Chairman, reported the Committee met on December 19 and heard a report from Greg Potter, Director of Information Technology Services, on the emergency management main server replacement. Mr. Potter has been meeting with the architects, engineers, and technicians, to discuss the County's networking, telephone systems, and needs of the new emergency management building. Mr. Potter also reported on the New York State bio -terrorism preparedness planning project, and said all deadlines were met from the standpoint of information technology. Report from the Public Works Committee Ms. Blanchard, Chair, reported the Committee met on December and spent most of the meeting touring the Crash, Fire, Rescue Building which is the project at the Airport that will allow all of the heavy equipment to be stored undercover so that it can be maintained in good condition. Report from the Planning Committee Ms. Kiefer, Chair, reported the Committee met on December 19. At that meeting, Ed Marx, Planning Commissioner, reported on a proposal for a multi -jurisdictional hazard mitigation plan and said various municipalities have been meeting to discuss the preparation of this type of plan. She said there is grant money possibly available from SEMO (State Emergency Management Office). She said given all of the comments made earlier in the meeting it makes sense for municipalities to explore this type of plan. 12 January 7, 2003 Ms. Kiefer said because the County is already investing in a flood hazard mitigation plan it is conceivable that that could be County's share of preparing a joint plan. Ms. Kiefer said Commissioner Marx also reported on comments on the Downtown Ithaca Development Draft EIS (Environmental Impact Statement), and said some of the items the County is pointing out to the City include the following: • There is a potential of a one-third reduction in the effectiveness of the solar panels on the Library due to shading and a very rough estimate of what that might cost the County in increased electricity costs would be $7,000 to $10,000 • Concern over how the Mental Health Department and the Public Library will function during the construction phase; • The impact on traffic, in particular, pedestrians and bicyclists; • The impact of shading on Building C if the new hotel project moves forward; • Road redesign and parking options are already used up, yet zoning in the City will allow for further downtown development. There is a question on how this can occur if all of the parking and road options that are financially feasible have already been used up with the present development; and • Concern over the air -handling on the south side of the Library during construction of the proposed parking garage. Ms. Kiefer said Commissioner Marx discussed with the Committee a program that is being proposed as a revamping of the old Circuit Rider program. Ms. Kiefer said there have been questions raised as to whether it makes sense for the Department to move forward and sign contracts because it isn't clear there will be County funding support for multi-year contracts. She said the Town of Danby, Village of Lansing, and the Town and Village of Groton are in discussions with the County Planning Department and want to have these services provided. Ms. Kiefer noted the Planning Committee achieved all of its goals for 2002. She said during the last half hour of the December 19 meeting the Committee was joined by the City's Planning and Development Committee to look ahead to 2003 to see what services the City and County provide that may be worked on together. Ms. Kiefer said the Planning Committee will have a relatively short meeting on January 16. 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. He reported the Government Operations Committee will not hold a regular meeting in January. He announced the Quality- of- Life Report was accepted by the Board and he highlighted one of the indicators contained in the report, and said the Arts, Recreation, and Entertainment indicator is a snapshot of how many events there were in 2002. There were over 5,000 events, including music, lecture, film, and art, and said this speaks very well to the cluster of diverse activities and expressions that this community offers. Mr. Koplinka-Loehr invited Board members to attend a celebration to unveil the Quality -of -Life 2000 report following this meeting. He said some members of the Community Affirmative Action Committee will meet on January 20 to look at transitioning that group to a different model. RESOLUTION NO. 6- ESTABLISHING 2003 MEETING DATES MOVED by Mr. Koplinka-Loehr, seconded by Mr. Penniman, and unanimously adopted by voice vote by members present. RESOLVED, That the 2003 regular meetings of the Tompkins County Legislature are as follows: 13 Tuesday, Tuesday, Tuesday, Tuesday, Tuesday, Tuesday, Tuesday, Tuesday, Tuesday, Tuesday, Tuesday, Tuesday, Tuesday, Tuesday, Tuesday, Tuesday, Tuesday, Tuesday, Tuesday, Tuesday, Wednesday, Tuesday, Tuesday, Tuesday, SEQR ACTION: TYPE I1-20 January 7, 2003 January 7, 2003 at 5:30 p.m. January 21, 2003 at 5:30 p.m. February 4, 2003 at 5:30 p.m. February 18, 2003 at 5:30 p.m. March 4, 2003 at 5:30 p.m. March 18, 2003 at 5:30 p.m. April 1, 2003 at 5:30 p.m. April 15, 2003 at 5:30 p.m. May 6, 2003 at 5:30 p.m. May 20, 2003 at 5:30 p.m. June 3, 2003 at 5:30 p.m. June 17, 2003 at 5:30 p.m. July 1, 2003 at 5:30 p.m. July 15, 2003 at 5:30 p.m. August 5, 2003 at 5:30 p.m. August 19, 2003 at 5:30 p.m. September 2, 2003 at 5:30 p.m. September 16, 2003 at 5:30 p.m. October 7, 2003 at 5:30 p.m. October 21, 2003 at 5:30 p.m. November 5, 2003 at 5:30 p.m. November 18, 2003 at 5:30 p.m. December 2, 2003 at 5:30 p.m. December 16, 2003 at 5:30 p.m. Report from the Economic and Workforce Development Committee Mr. Lane, Chairman, had no report. Report from the Budget and Capital Committee Mr. Penniman, Chairman, reported the Committee met briefly today to take action on resolutions listed on the agenda. He spoke of the tax bills that are being mailed and said the County Board adopted a budget that included a tax increase of 13.4 percent. The amount that is displayed on the tax bill is the total tax levy and shows an increase of 17.7 percent. He said the reason for the difference is because total assessments in Tompkins County increased by approximately four percent. Mr. Penniman said the Committee has not established a meeting schedule for 2003. Report from the Public Safety Committee Mrs. Schuler, Chair, reported the Committee has not met since the last Board meeting. She urged the public to restock emergency supplies of batteries, water, and fuel. She announced Glenn Sharshon, Dispatch Center Director, will be leaving employment with the County on January 18 and wished him well his in new endeavors. Report from the Charter Review Committee Mr. Lane, Chairman, reported the Committee will meet tomorrow at 1 p.m. Report from the Communications Capital Project Committee 14 January 7, 2003 Ms. Blanchard, Chair, reported the Committee has not met since the last Board meeting. The next meeting will be January 28, 2003. Report from the Public Safety Building Space Planning Committee Ms. Blanchard, Member, said the Committee has not met since the last Board meeting. She reported the organization that was selected to work with the Committee on further analysis of Jail needs and the way the County works with the Commission of Correction, will begin soon. Report from the Space Needs and Location Committee Mr. Lane reported the Committee has not met. Approval of Minutes No minutes were presented for approval. Adjournment On motion the meeting adjourned at 6:44 p.m. 15 January 21, 2003 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 Stephen DeWitt, new Democratic Commissioner of Elections, introduced himself and said he looks forward to working with the Board. Privilege of the Floor by Board Members Mr. Proto, District No. 7 Representative, announced the Immaculate Conception Church will celebrate "Catholic Schools Week" during the last week of January. He said all Board members should have received an invitation to visit the school anytime throughout that week. Ms. Robertson, District No. 13 Representative, reminded everyone that January 22 will mark the 30th Anniversary of the Supreme Court Roe vs. Wade decision to decriminalize abortion. She said this is an important day for people to remember and announced an event will take place at Cornell on January 22 at 7 p.m. where guest speakers will discuss past, present, and future abortion rights. Ms. Robertson reported a website (www.saveroe.com) now exists where the public can express their opinion to Congress. She briefly reported on statistics, stating that each year, 48 percent (3 million) of all pregnancies are unintended and of those, 47 percent end in abortion. Ms. Robertson said she would like to honor a woman's right to choose. Mrs. Schuler, District No. 4 Representative, announced she attended a meeting today and received a copy of the County's Emergency Management Plan. This will be placed on file in the Board Office. She reported there is a schedule of training that will be conducted by the Emergency Management Institute and will leave this information in the Board Office also. Mrs. Schuler reported Charles Nocera, of the Tompkins County Chapter of the American Red Cross, presented an analysis that was done on shelter use, comparing fiscal years 2001 and 2002. She said the analysis shows there continues to be a problem providing shelter to the homeless in Tompkins County. This analysis will also be placed on file in the Board Office. Ms. McBean, District No. 2 Representative, said this evening she placed a beautiful, over -sized bookmark on Board members' desks that highlight the events taking place during Black History Month. She encouraged everyone to participate in these activities. Ms. Kiefer, District No. 11 Representative, said she was listening to a local radio station this morning and heard two references to the USA Patriot Act. The first reference was a news item that addressed a nationwide survey performed by Cornell and its fmding that as time has passed since September 11, 2001 a majority of Americans are now opposed to the curtailment of civil liberties that are part of the USA Patriot Act. She also heard Paulette Manos, Common Council Member, refer to circulation among City Council of a draft resolution dealing with that. Ms. Kiefer said she has been upset that this was passed so quickly and without much discussion or thought. Ms. Kiefer said Section 213 changes the ground rules for searching an individual's home. In the past if a search warrant was needed it had to be served upon the individual and it was explained why someone was there and what they were 16 January 21, 2003 looking for. Ms. Kiefer said Section 213 called "Sneak and Peak" now allows a search warrant to be issued at federal request but it doesn't have to be served upon the individual, and can be carried out when the occupant is not present or without that person's knowledge. She said anything can be looked at and anything can be taken, without informing the occupant of what has been taken for a period of time afterwards. Another change affects the library in which a library clerk, if requested by a federal official, is obliged to provide information about what particular books a person has taken out and it becomes a crime for the library clerk to tell anyone this is happening. Ms. Kiefer said the City of Eugene, Oregon, has become one of the first places to take formal action requesting repeal or amendment to that act. She noted that County officials are expected to uphold the State and Federal Constitution, and that some sections of the USA Patriot Act are at odds with the First and Fourth Amendments to the U.S. Constitution. She requested the County Attorney look at which sections of the law would most impact County employees and to present a plan that would begin a process of Tompkins County requesting that the law be repealed or amended. Jonathan Wood, County Attorney, said he would do so. Mr. Proto, District No. 7 Representative, announced the process for the "Distinguished Youth Award" will begin tomorrow. He said he distributed material last month to all Board members on this new award. He said sponsors of the award include Bangs Ambulance, Eagle Broadcasting, the Bookery, as well as several others who have offered to add to the package that will be presented. A presentation will be made at the second Board meeting of each month and Mr. Lane will be the first representative to present the award, after which members will take turns by district number. He urged members of the public to submit nominations to Cathy Covert, Clerk of the Board. Katharyn Machan, the newly -appointed Poet Laureate, said she was asked to write a poem about the budget. She recited the poem which makes tongue-in-cheek parallels between Orpheus' venture into the underworld and the depths of despair of a difficult budget. Paul Bonaparte -Krogh, Executive Director of Cooperative Extension, spoke about the marketing of Cooperative Extension. He said the agency received some general donations a couple of years ago to use towards looking at the Agency's image. They hired Comm Stat at Cornell to convene a couple of focus groups from Tompkins County and discovered many people do not understand Cooperative Extension's relationship with Cornell or Tompkins County, although people are very familiar and positive about Cooperative Extension's programs. He noted that within New York State as a whole, Cooperative Extension's relationship with Cornell is a plus, but in Tompkins County it makes it difficult to fund raise, since people assume Cornell funds Cooperative Extension. Mr. Bonaparte -Krogh said after analyzing the information one of the recommendations was to create a consistent image or consistent look. Taking very seriously the evolution of the Agency's logo over the last several years, they were able to produce a new logo that he feels accurately represents the Agency. Mr. Bonaparte -Krogh displayed to the Board the new logo as well as previous ones. Mr. Bonaparte -Krogh announced he has resigned as Executive Director of Cooperative Extension effective February 21, 2002, to take a new job as the Assistant Director of Cooperative Extension in New Hampshire. He thanked everyone for their work and support over the last several years. Ms. Robertson said it has been a pleasure to work with Mr. Bonaparte -Krogh during her time on the Board. She said Mr. Bonaparte -Krogh has really shaped Cooperative Extension and will be greatly missed by Tompkins County. Chair's Report Mr. Joseph thanked members for re-electing him Chair of the Board at the last meeting. He said it has been a pleasure to work with all Board members last year although it wasn't always a pleasure to deal with some of the items that had to be dealt with. He stated the Board did a good job and will continue to do so. 17 January 21, 2003 Mr. Joseph said there has been some reorganization of committees and addressed those changes. There is a new Tax Policy Committee that will deal with what may be the most important issue the Board faces this year -- the unsustainable burden on property tax. That Committee will be very different from any other Board Committee because it will not deal with internal matters or make proposals to bring before the Board. It is a grassroots committee that is about reaching out to other taxing districts, to the towns who have been very supportive in calling on the State to provide tax relief to counties from unfunded mandates. Several of the towns in Tompkins County have adopted resolutions to send to the State; these resolutions object to the mandates that have been loaded on counties. The County also needs to work together with school districts because they account for the largest property tax burden of all and any real property tax relief will need to involve them as well. Mr. Joseph has been attending meetings of S.T.O.R.M. (Southern Tier Organization for the Reform of Medicaid) which is an organization that intends to provide a more unified and more powerful voice at the State level in asking for some kind of change. At a meeting held the second week in January the group agreed to endorse a plan that calls for a phased takeover of Medicaid over a course of ten years and each of the counties represented at that meeting will bring a proposal to their legislature for consideration. The "Planning" and the "Economic and Workforce Development" committees have been combined into a new "Planning, Development, and Environmental Quality Committee". This brings together the various things that the Planning Department has been working on all into one place. A new Consumer and Community Affairs Committee has been created for the purpose of relieving the workload on the Planning, Development, and Environmental Quality Committee and the Government Operations Committee. The Information Technology Services Committee has been eliminated. That function will now be the responsibility of the Facilities and Infrastructure Committee. The Public Safety Building Space Committee has also been eliminated and that function will lie with the Public Safety Committee. Several years ago when the County was with faced an overcrowded jail the Board made a commitment to try to reduce the jail population through a program of restorative justice that focussed on rehabilitation and reintegration of offenders into the community. In terms of money this was a trade-off where the Board understood it was going to be a very expensive proposition to expand the jail and it would also be a very expensive proposition to undertake these new programs of rehabilitation and reintegration. However, these programs would be a great deal less expensive than a jail expansion. In spite of the fiscal problems the County is now facing, the County needs to recognize that money needs to be spent to deal with the jail population. It can be spent to reduce the population or be used to house the population, but it must be spent. Over the last year the County has experienced a significant drop in the jail population, to the point where it is marginal about whether a jail expansion is still needed. The challenge to the Public Safety Committee in 2003 will be to make that drop definitive and to get that population to a point where it is clear the County can function without an expansion of the jail. Barbara Blanchard will Chair that committee and he expects to see positive results by the end of the year. The Public Safety Building Space Planning Committee has been combined with Public Safety Committee because it is important that the same people are looking at the various programs that have been started to review their costs and effectiveness. In 2002 the Board primarily focused on the budget and that was necessary because the County was involved in a crisis situation. The budget situation will not be different than last year; however, the approach and how the Board deals with the difficulties does not need to be the same. We have already grappled with the details. This year there will be a greater focus on programs, what is effective, how well the County is doing its job, and overall service delivery. The County Administrator has ideas to encourage program committees to focus on setting goals and measurable objectives to guide departments. To encourage this focus a meeting will be held with 18 January 21, 2003 committee chairs to talk about the role for committees to play and how best to encourage and facilitate them in filling that role. A draft committee meeting schedule has been prepared and distributed to all members. He stressed the Board Chair does not set committee meetings and that the purpose of the draft is to help facilitate the setting of meetings. Mr. Joseph requested committee chairs pull committees together this evening at the end of the meeting and report their schedule to the Clerk following this meeting. Chair's Appointments Tompkins County Area Development Board of Directors Barbara Blanchard Chamber of Commerce Tim Joseph Frank Proto, Alternate Cornell Vet School Incinerator Project Dooley Kiefer, Delegate Beverly Livesay, Alternate Ethics Advisory Board - Chair Dooley Kiefer Extension Service (A different Board member will be invited to attend each month.) Martha Robertson Tom Todd (second seat is optional) 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 Ithaca Metropolitan Planning Organization (Policy Committee) Barbara Blanchard - Chair of the Board or designee Recreation Partnership Martha Robertson Michael Koplina-Loehr Ms. Kiefer questioned the appointments to the Extension Service, noting that neither of those appointees serve on the Consumer and Community Affairs Committee which holds the responsibility for Cooperative Extension this year. Mr. Joseph said he feels continuity in the case of Ms. Robertson, and Mr. Todd's involvement and interest in agriculture are greater reasons to maintain those appointments. Report from the County Administrator 19 January 21, 2003 Mr. Whicher announced his appointment of Donald Ellis to the position of Weights and Measures Director and requested the Board's confirmation. It was MOVED by Mr. Proto, seconded by Ms. Herrera, and unanimously adopted by voice vote, to confirm the appointment of Donald Ellis as the Director of Weights and Measures. MOTION CARRIED. Mr. Whicher distributed a document entitled "Review of 2003 Budget Process dated January 14, 2003". He said Administration surveyed all department heads and Board members about their feelings on the overall 2003 budget process and this document represents a summary of that information. Mr. Whicher said he has identified four areas where he would like to focus in 2003, particularly moving the emphasis off of the budget and back onto the programs. He said he has set up meetings with all committee chairs to discuss his plans in greater detail. Report from the County Attorney Mr. Wood provided the Board with statistics on family court. He said the good news is there has not been an increase in PINS (Persons in Need of Supervision) petitions that was feared when new legislation when into effect. Mr. Wood said those cases are currently down by approximately ten cases. He said the bad news is that the juvenile delinquent cases are up significantly this year and are at the level of 83 compared to 58 last year. He noted the cases this year involve more violence, drugs, and alcohol, this is usually not a good predictor for future jail statistics. This is the highest level the County has seen of these cases since 1997. Mr. Wood also reported on other year-end information, and stated expenses in the 2002 Self -Insurance Fund were lower than average. However, the costs for assessment attorneys and appraisers were higher. Report from the Finance Director Mr. Squires referred to Mr. Wood's comments in regard to the Self -Insurance Fund and said while the claim experience has been stable recently, the County has not been adequately funding that reserve fund over the last couple of years due to budget constraints. Mr. Squires reported 2002 was a record year for sales tax receipts in Tompkins County. The County ended the year with a net amount of $2.5 million above the budget estimate; this is a 7.8 percent increase over last year. Mr. Squires said the 2003 budget contained an aggressive estimate of $22.3 million for sales tax. In 2002 the County received $23 million, which exceeds the estimate for 2003. He attributes this increase to the new retail outlets, extraordinary car sales, and higher energy prices. Additions 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: Acceptance of Grant from Environmental Protection Agency to Create an Interactive Website for the Tompkins County Natural Resources Inventory Approval of Contract for Beautification Plan and Budget Adjustment Withdrawal of Resolution(s) from the Agenda No resolutions were withdrawn from the agenda. Approval of Resolution(s) and Appointment(s) Under the Consent Agenda No resolutions were approved under the Consent Agenda. 20 January 21, 2003 Appointment(s) On motion and duly seconded and unanimously adopted by voice vote by members present, the following appointment(s) were approved under the Consent Agenda: Office for the Aging Advisory Committee Ione G. Worth - Term expires December 31, 2005 Lucy Brown - Term expires December 31, 2005 Marybelle Gutenmann - Term expires December 31, 2005 Stephen Griffin - Term expires December 31, 2004 Library Board of Trustees Lee N. Miller - Term expires December 31, 2005 Irene Stein - Term expires December 31, 2005 Tonya Engst - Term expires December 31, 2005 Ronald G. Ehrenberg - Term expires December 31, 2005 Pamela Moss - Term expires December 31, 2005 Hillview Road Landfill Citizens Advisory Committee Joel Gagnon - Neighborhood Representative; Term expires December 31, 2005 Report and Appointment from the Health and Human Services Committee Mr. Winch, Chairman, reported the Committee has not met since the last Board meeting. He wished Representative Robertson well chairing the Committee in 2003. Appointment It was MOVED by Mr. Winch, seconded by Mr. Booth, to appoint Mr. Proto to the Board of Health as an At -Large representative for a term expiring December 31, 2008. Ms. Robertson said she requested that this appointment be pulled from the Consent Agenda. She said she understands this is an appointment that has been recommended by the Board of Health; however, this appointment is to an At -large seat and not a Board liaison. Ms. Robertson noted that she does not question any of Mr. Proto's qualifications to serve on this Board, she is simply uncomfortable having a Board member take a position that would otherwise be for a member of the public. Although she will support this appointment, she hopes in the future Board members will serve in the capacity as liaison to Boards, and not in positions intended for citizens at -large. Ms. Kiefer said she was unaware there was a vacancy on the Board of Health and hopes that in the future more effort will be made to advertise when terms come to an end so that interested members of the public might have an opportunity to step forward. Mr. Proto requested and was granted permission to abstain from this appointment. Mr. Proto said individuals should be appointed for qualifications and not because of their association with any particular group or body. A voice vote on the appointment resulted as follows: Ayes - 14, Noes - 0 , Abstentions - 1 (Representative Proto). MOTION CARRIED. Report from the Information Technology Services Committee Mr. Winch, Chairman, thanked Representatives Joseph and Kiefer for serving on the Committee during 2002. He said during the year the Committee spent considerable time on capital projects, 21 January 21, 2003 reviewing staffing in the Information Technology Services Department, and he hopes they have raised the exposure of the Department as well as provided recognition for the work it does. Mr. Winch said he greatly respects all of the staff members in that Department. He thanked Greg Potter, Director of Information Technology Services and the County Administrator for helping them throughout the year. He said he thinks it is appropriate for ITS to be in the Facilities and Infrastructure Committee, since it deals with important County infrastructure. Report and Presentation of Resolution(s) from the Public Works Committee Ms. Blanchard, Chair, reported the Committee met on January 16 and conducted year-end business. She said the Committee reviewed the status of projects, and approved a proposed Project Approval Request (PAR) form that Mr. Whicher presented. She thanked members of the Committee for serving on the Committee and Public Works staff for all of their hard work during 2002. RESOLUTION NO. 7 - APPROPRIATION FROM CONTINGENT FUND FOR REPLACEMENT PAY - FACILITIES DIVISION MOVED by Ms. Blanchard, seconded by Mr. Todd. A short roll call vote resulted as follows: Ayes - 15, Noes - 0. RESOLUTION ADOPTED. WHEREAS, a Cleaner in the Facilities Division has been absent from work for longer than two months, and WHEREAS, County Fiscal Policy allows the appropriation of contingency funds for the cost of replacing this employee, and WHEREAS, the cost of unbudgeted replacement pay in the amount of $7,917 has been incurred by the Facilities Division for the period of July 21, 2002 - November 11, 2002, now therefore be it RESOLVED, on recommendation of the Public Works and Budget and Capital Committees, That the following budget appropriation be made: FROM: A1990.54400 Contingency Fund $7,917 TO: A1620.51000 Regular Pay $6,283 A1620.58800 Fringes $1,634 SEQR ACTION: TYPE II -20 Report and Presentation of Resolution(s) from the Planning Committee Ms. Kiefer, Chair, reported the Committee met on January 16. RESOLUTION NO. 8 - ACCEPTANCE OF GRANT FROM ENVIRONMENTAL PROTECTION AGENCY TO CREATE AN INTERACTIVE WEBSITE FOR THE TOMPKINS COUNTY NATURAL RESOURCES INVENTORY MOVED by Ms. Kiefer, seconded by Mr. Penniman, and unanimously adopted by voice vote. WHEREAS, the County has been awarded grant funds from the United States Environmental Protection Agency (EPA) for the purpose of creating an interactive website to provide the local municipal officials and the public access to the Tompkins County Natural Resources Inventory, and WHEREAS, the Department of Planning is prepared to manage this program, now therefore be it RESOLVED, on recommendation of the Planning Committee, That the County hereby accepts United States Environmental Protection Agency funds in the amount of $9,500, RESOLVED, further, That the following adjustments be made to the 2003 Budget, REVENUE: 8027.44959 Federal Aid - CDBG $9,500 APPROPRIATION: 8027.54400 Program Expense $9,500 22 January 21, 2003 RESOLVED, further, That the County Administrator or his designee be authorized to execute any contracts related to this project. SEQR ACTION: TYPE II -17 Report from the Government Operations Committee Mr. Koplinka-Loehr, Chairman, reported the Committee has not met since the last Board meeting. He said he will be establishing a special meeting to take up necessary business. Report and Presentation of Resolution(s) from the Economic and Workforce Development Committee Mr. Lane, Chairman, reported the Committee met briefly prior to the Board meeting. RESOLUTION NO. 9 - APPOINTMENTS TO INDUSTRIAL DEVELOPMENT AGENCY MOVED by Mr. Lane, seconded by Ms. McBean, and unanimously adopted by voice vote. Mr. Proto noted that a Board member, Mr. Penniman, was given an at -large appointment; Mr. Joseph said the IDA requires a minimum of four Board members. 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 be appointed to the Industrial Development Agency to serve at the pleasure of the Board, effective immediately: Kathy Luz Herrera - Member, Board of Representatives (City representative) Tim Joseph - Member, Board of Representatives (Rural representative) George Totman - Member, Board of Representatives (Rural representative) Michael Lane - Member, Board of Representatives (Rural representative) Peter Penniman - At -large member Dan Cogan - At -large member Jean McPheeters - Tompkins County Area Development Board of Directors representative RESOLVED, further, That Michael Lane serve as the 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 RESOLUTION NO. 10 - APPROVAL OF CONTRACT FOR BEAUTIFICATION PLAN AND BUDGET ADJUSTMENT MOVED by Mr. Lane, seconded by Ms. Herrera. At the request of Mr. Proto, Mr. Lane said he will place a copy of the Beautification Plan on file in the Board Office. A voice vote resulted as follows: Ayes - 15, Noes - 0. RESOLUTION ADOPTED. Mrs. Schuler asked if any money will go toward litter removal and removal of garage graffiti. Mr. Lane said yes for litter but none for graffiti. Mr. Penniman said he assumed this will not replace traditional City Public Works responsibilities. 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 23 January 21, 2003 WHEREAS, the County has provided funding for this contract entirely from the Room Occupancy Tax account, and WHEREAS, the Chamber recognizes that signs and flowers strategically placed at the County's gateways would enhance tourism, and a need exists to improve signage locally to direct tourists to key destinations and 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 WHEREAS, the result would be improved visual quality of the landscape, improved appearance of 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 $53,000 has been reviewed and recommended by the Strategic Tourism Planning Board, 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 $53,000 to carry out of the tasks outlined in the County Beautification Proposal. SEQR ACTION: TYPE II -20 Report from the Budget and Capital Committee Mr. Penniman, Chairman, reported the Committee met briefly prior to the Board meeting to take action on a resolution on the agenda. The next regular meeting will be Tuesday, January 281. Report from the Public Safety Committee Mrs. Schuler, Chair, had no report. Report from the Charter Review Committee Mr. Lane, Chairman, reported Committee members have the first compiled version of the Charter to review. Report from the Communications Capital Project Committee Ms. Blanchard, Chair, reported the Committee will meet on January 29th at 2:30 p.m. Report from the Public Safety Building Space Planning Committee Mr. Joseph, Chairman, reported the Committee has not met. Report from the Space Needs and Location Committee Mr. Joseph, Chairman, reported the Committee has not met. Approval of Minutes of December 17, 2002 and January 7, 2003 It was MOVED by Ms. Robertson, seconded by Mr. Todd, and unanimously adopted by voice vote, to approve the minutes of December 17, 2002 and January 7, 2003 as corrected. MINUTES APPROVED. Adjournment On motion the meeting adjourned at 7:03 p.m. 24 1: February 4, 2003 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 McBean). Privilege of the Floor by the Public Yvonne Bartlett, former employee of the County, informed the Board she had received the Material Safety Data Sheet from the manufacturer of the carbonless paper used by the County. She read portions of the form and expressed her belief that her health was jeopardized by the use of this product and asked that the County seek alternatives in order to eliminate exposure. Fay Gougakis, City of Ithaca resident, expressed her concern regarding the manner in which the subject of jet skis progressed at a recent Common Council meeting. She said she had compiled extensive information for Common Council and did not feel an adequate review of the matter had been completed. She will continue to discuss this matter at future meetings of the Common Council committee assigned to review the jet ski issue. Privilege of the Floor by Board Members Mr. Winch, District No. 8 Representative, reported that he attended a meeting of emergency services called by the American Red Cross and the City of Ithaca Fire Department that provided information and brainstorming of emergency services subsequent to the recent storm emergency. Attendees at this meeting included the American Red Cross, numerous fire departments throughout the county, New York State Electric and Gas Corporation, and the County 911 services. The recent storm left 12,000 homes in Tompkins County without electricity for varying periods. New York State Electric and Gas, spoke in the meeting of 15,000 customers without service throughout their service area. Thirty-eight tree crews were removing limbs and trees that were in danger. In addition numerous employees of the company came from outside areas to assist in the emergency. New York State Electric and Gas Corporation spoke of the logistics involved with regard to housing, meals, deployment of crews to unfamiliar areas, etc. One thing looked upon in a very positive manner was the ability of everyone to cooperate in the efforts required to complete necessary work as quickly and safely as possible. One outcome of the meeting was that all communities are asked to have an emergency plan in place to assist in rapid deployment of staff and volunteers in the event of an emergency. Mr. Penniman, District No. 15 Representative, spoke about the New York State Association of Counties conference held February 2 - 4, 2003, in Albany, New York, attended by himself, Mr. Joseph, Ms. Robertson, and Mr. Whicher. He said the red caps worn by members call attention to NYSAC's effort to "Cap Medicaid Now," as Medicaid is the biggest single item related to budget increases. He shared information related to increases in property and sales taxes of other counties and said they are all facing the same budget problems as well. Mr. Penniman then spoke of the variety of resolutions reviewed and passed by members of New York State Association of Counties, pointing out that in each and every resolution to be presented to State government includes a reference that New York State Association of Counties will continue to view capping Medicaid costs to counties, the elimination of New York State unfunded mandates, and the shifting of cost from New York State to counties as the top priorities. Mr. Penniman said he met with Senators Kuhl and Seward at a legislative breakfast and expressed the concerns of counties. Senator Kuhl, Chairman of Transportation and primary Senator for Tompkins 25 February 4, 2003 County, was asked about the stability of funds for the proposed relocation of the Department of Transportation within the County. Senator Kuhl expressed his belief that the funding is secure for this project. Mr. Lane, District No. 14 Representative, spoke about the need to continue to notify the State government that it is only fair that the income tax be the driving force of State revenue rather than property tax as it is a more fair and even distribution of the burden. He also feels that each resolution should include reference of this desire to stress its importance. Ms. Robertson, District No. 13 Representative, spoke about her attendance at the meeting of the Southern Tier Organization for the Reform of Medicaid (STORM) while at the New York State Association of Counties legislative conference. She said that some of the legislators are hearing the message from the public regarding the need to revamp the present system of Medicaid funding. Ms. Robertson also said that on behalf of the Agriculture and Farmland Protection Board she is involved in composing a letter to the State government regarding the risk to family farms with the ever-increasing property tax. Next, Ms. Robertson noted that there will be a meeting regarding the Pesticide Neighbor Notification Law on February 25, 2003, from 9:30 a.m. - 12:00 p.m. that will assist in training commercial applicators how to be in compliance with the law. In the afternoon there will be a class on managing turf pests as well. The session will be at Cooperative Extension; people should call Monika Roth at 272-2292 for information. The Human Services Coalition will hold its annual meeting on Tuesday, February 11, 2003, at noon in the Women's Community Building. Mrs. Schuler, District No. 4 Representative, said there will be a Drug Court graduation on February 5, 2003 with five graduates. Mr. Todd, District No. 6 Representative, wanted to make individuals aware that the present rate of annual increase on property assessments is eight percent. He said that even if a tax rate did not go up, the amount paid in would as a result of the inflation. Presentation regarding State of Tompkins Cortland Community College and Economic Impact Analysis Dr. Carl Haynes, President of Tompkins Cortland Community College, provided the Board with a review of the Annual Report for the college, and a brochure that outlines an economic impact analysis for their information. Areas of the report that were highlighted within the annual report include: learning centeredness of the institution, enrollment, funding, and the master plan. He spoke about the main focal point and continuing goal of the college to continue to be a learning centered institution, working with all stakeholders. Dr. Haynes said that each department has developed measurable outcome levels at a program level and each class has a revised master course syllabus. He said that non-academic departments have also developed goals to continue in the behind -the -scene support of the college goals and outcomes. New courses will be offered this next year for those pursuing an educational field and it is hoped to have all State University of New York (SUNY) requirements out of the way shortly to be able to proceed. Dr. Haynes commented on the prominence of online activities for education at the college. The college is presently the fourth largest online educator in New York State and there is an increased number of education staff utilizing online research for their traditional classroom. Dr. Haynes reported that enrollment continues to grow, with last year's enrollment up eleven percent; and a ten percent increase in enrollment in the Fall of 2002. At the present time, the spring enrollment is up eight and one-half percent. He noted that if the enrollment continues to expand at this rate it would show an approximate forty percent increase in the past six years. The official projections sent to SUNY are modest, however he believes that there will be an increase, due in part to the expanded student housing. 26 February 4, 2003 He then spoke of the cuts in State Aid to the college which include a reduction of base aid for full -time -equivalent students, as well as the reduction of all assistance on rental aid on capital facilities. Economic Impact Study Dr. Haynes then spoke about the Economic Impact Study that has been completed; 1992 was the last time such a study was done. At the present time it does not include information on the potential impact the college has on future earnings and quality of life in the community as a result of the education provided. He said it may be a measured item in a future survey. This study provides information on dollars spent in the community that are directly related to the college. Our consultant used a 1.6 multiplier, which may be conservative since others use 2.5! The bottom line is that by 2012 - within ten years - Tompkins Cortland Community College will have a one billion positive impact. Mr. Lane spoke of the growth rate at the college and how it affects the college. Mr. Whicher asked if the shortfall anticipated in the State budget would require an increase in funding from the counties. Dr. Haynes explained that there would be a need to assist in the mitigation of the tuition increase, but at this time he cannot say how much. Mr. Penniman noted that items such as this are not covered under the basic budgeting process and that there may be other areas requiring an increase as a result of State cuts. Dr. Haynes said the larger concern is the change in the tax program and he feels that schools and municipalities would receive funding before the higher education facilities. If there are no changes in the TAP grant structure there may be a reduction of student enrollment from the projected increases. Chair's Report Chair Joseph spoke of the parking lot assignments and that at the present time no modifications would be made in the reserved spots although this year there are committees scheduled for Wednesdays, too; the board has additional spaces on Tuesday and Thursday. Any problems related to parking issues should be reported to the Board Clerk. If all Board parking spots are full members may park in any other parking location in the courthouse and old jail facilities with the exception of State -designated spots for courts and those that are the doubled parking areas. Next, Mr. Joseph spoke of the Governor's budget which proposes capping Medicaid expense, but only at the State level with the counties being expected to fund the balance. He then explained how the State had shifted many programs into areas covered by Medicaid such as the Office of Mental Retardation and Developmental Disabilities and in the Mental Health Office, which provided funding for fifty percent of the cost by the Federal government. Initially the shared funding ratio was fifty percent Federal, twenty-five percent State, and twenty-five percent local share. The State did not intend to have the counties bear the increased cost and reimbursed them for this expense as "overburden aide." The Governor's budget caps the "overburden aide" category at the 2002 level, which will increase the local burden as more individuals are shifted into Medicaid programs and the cost of the present clients increases due to inflation and modification of services. Mr. Joseph then spoke of the proposal made by the Governor to take over the full cost prescription coverage under Medicaid and raise the county share from twenty-five percent to thirty-seven percent of hospital and clinic expenses. Mr. Joseph feels that while Medicaid is a large portion of budget issues there are others to be concerned with. In addition to the Medicaid proposals the Governor's proposed budget include a three percent reduction in funding to mandated programs within the Health Department, and the elimination of all funding to any non -mandated programs within the Health Department; Probation Department funding was restructured into a block grant and will reduce funding, although the specific amount is not yet known; Assigned Counsel rates are increased with additional taxes and fees for the State's share of the 27 February 4, 2003 increase and fifty percent of the increase to the counties; programs for the Elderly now require a local share increase of five percent from 25% to 3%; county revenue sharing, which expired in 2002, is not being renewed; state aid to community colleges is cut. Mr. Joseph said there is an increase in a real estate transfer funds of twenty-five dollars, nine dollars of this will go to the county; an increase in boater registration fees will also provide some additional revenue. Mr. Joseph reported that the Social Services Department has numerous formulas to be utilized in determining the share of local funding, and it is known that it will increase but at this time it is difficult to see exactly how much. Mr. Joseph said this is the Governor's proposal, which is a starting point and there will be changes. He feels it is important for everyone to keep in touch with the State representatives, letting them know that the proposal indicates significant increases in property taxes. Mr. Penniman wanted to stress that some of the benefits stated within the Governor's budget such as the overburden aid had already been promised to counties last fall and was therefore already in the new budget - but the Governor is taking credit for that again this year - and the fact that some other communities have already placed or spent the promised funds within their budget. Also, another benefit spoken of was to again put the tax in place state-wide for clothing and related items. Many communities have already chosen to do so, Tompkins County included. Mr. Proto inquired whether the State might hold reimbursement payments in any way. Mr. Joseph did not hear any information regarding that issue, and Mr. Whicher indicated that at this time none of these funds were in hand. Ms. Robertson spoke of proposals in the Medicaid payments included a retroactive date of January 1, 2003 which could effect the anticipated reimbursement rate the County is now operating on. She plans on forwarding communication from constituents to the Governor and feels that he should be aware of the need to balance his budget without shifting the expense to regressive means. Mr. Booth asked if there were anticipated changes in the current year State budget. Mr. Joseph indicated that there are not any anticipated changes. Mr. Whicher said that the current year shortfall was expected to be dealt with through the sale of tobacco bonds. Mr. Proto felt that it was important to review the proposed Governor's budget and be able to make recommendations for changes within it. Mr. Joseph said that many discussions took place indicating the need to have control over both the programs and spending in order to effectively operate in a sound fiscal manner. Mr. Joseph feels that it is important to be able to make suggestions that would allow this to occur. Ms. Kiefer recalled Mr. Joseph's earlier proposal that the level of government that pays for a service should be the one to decide specifics of that service, and though that at first seems sensible she said that while she feels it is important to have control over the spending there needs to be a statewide minimum standard for program services. She does not feel program areas should be balkanized, which leads to a race to the bottom. Ms. Kiefer agrees with Mr. Proto that the issue of a local income tax should defmitely be discussed at the new Tax Policy Committee. Mr. Whicher said that he felt the Governor's budget did not create a budget that was fair to counties as it continues to transfer the burden of mandated programs to the local governments and their residents. He does not feel it is worthy of a Governor of New York. Report from the County Administrator Mr. Whicher, County Administrator, said that Senator Seward has been able to maintain some funding for the County and that he has also assisted in maintaining the State -Wide Network (SWN) 28 February 4, 2003 funding as well. Mr. Whicher anticipates receiving a Memorandum of Understanding from SWN shortly regarding the upcoming communications project. Report from the County Attorney Mr. Wood, County Attorney, spoke of the $165,000 owed to the County by US Air. US Air is in the middle of a bankruptcy proceeding and these funds are listed as part of that action. Communications have been ongoing with US Air and the bankruptcy documentation is being reviewed in order to determine what portion of the funds due can be received. He does not feel optimistic that we will be able to receive any significant portion of the monies owed and said it is indicative of the present economy. Mr. Wood then reported that several Board Members have inquired what are the options for County taxation in a variety of areas, i.e. tobacco, income tax, alcohol, etc. He said the answer to almost all inquiries is no as the State is the taxing authority and the County does not have authority unless this is passed down from the State. Ms. Kiefer asked whether Mr. Wood has had an opportunity to review the USA Patriot Act. Mr. Wood said he has been reviewing it and is aware that some municipalities including the City of Ithaca have passed resolutions regarding it. He said it is very long and complicated and he would like to provide a summary for the Board in order to have a clear understanding of the Act prior to any proposed legislation. Report from the Finance Director Mr. Squires, Finance Director, said he had just read in the Wall Street Journal that the President intends to shift Medicaid burden to the State level. He then reported that the County had a 1.6 million dollar increase in Medicaid costs over budget during 2002, with the County share approximately $900,000. He said that the 1.6 million dollars is representative of a twenty percent increase in Medicaid costs. Mr. Squires will continue to report on final figures as they are compiled, saying that it is doubtful that the sales tax revenues will adequately offset the increased costs. Additions of Resolution(s) to the Agenda No resolutions were added to the agenda. Withdrawal of Resolution(s) from the Agenda No resolutions were withdrawn from the agenda. Approval of Appointment(s) Under the Consent Agenda Appointment(s) 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: Public Information Advisory Board Rere S. Hassett - At Large - term to expire December 31, 2004 Duane Chapman - At Large - term to expire December 31, 2004 Charles W. Broadhead - At Large - term to expire December 31, 2004 Russell N. Maracle - At Large - term to expire December 31, 2004 Water Resources Council Douglas T. McEver - Municipal Government Representative - term to expire December 31, 2003 29 February 4, 2003 Environmental Management Council Steve Nicholson - Chair - term to expire December 31, 2003 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. 11- AMENDING RESOLUTION NO. 25 OF 2002 - DETERMINATION AND CERTIFICATION OF COUNTY CLERK'S ALLOWANCE - ANNUAL EXPENSES FOR ADMINISTERING MORTGAGE TAX (Amended by Resolution No. 23 of 2004) It was MOVED by Mr. Booth, seconded by Ms. Kiefer, and unanimously adopted by voice vote by members present, under the Consent Agenda. WHEREAS, pursuant to Section 262 of the Tax Law, recording officers are entitled to receive all their necessary expenses for purposes of administering mortgage taxes in their offices on approval and allowance by the State Tax Commission, and WHEREAS, the State Tax Commission, by resolution duly adopted July 1, 1946, did determine that such mortgage tax expenses be approved at the amount certified to the State Tax Commission by the County Board of Representatives provided it is a reasonable and necessary allowance for such expenses, and WHEREAS, the County Clerk has conducted a cost analysis and has recommended that the allowance for mortgage tax expenses be increased from $67,610 per annum to $104,548 per annum, now therefore be it RESOLVED, on recommendation of the Consumer and Community Affairs Committee, That the sum of $104,548 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 $104,548 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. 12 - BUDGET ADJUSTMENT — ASSESSMENT DEPARTMENT It was 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 Government Operations Committee, That the Director of Finance be directed to make the following budget adjustment on his books: GOVERNMENT OPERATIONS COMMITTEE Assessment (#1) Revenue Acct Title Amt Approo Acct Title(s) 1355 51000 Salaries $15,000 1431 51000 Salaries Explanation: Assessment Department is funding two Project Assistants for short term re-evaluation project. 30 SEQR ACTION TYPE II -20 February 4, 2003 Report from the Public Safety Committee Ms. Blanchard, Chair, said that the Committee will meet on Thursday, February 6, 2003, at 2:00 p.m. in the Old Jail Conference Room. Report and Presentation of Resolution(s) from the Facilities and Infrastructure Committee Mr. Booth, Chair, said the Committee met on February 5, 2003. He spoke of receiving figures for ice and snow removal expenses expended due to the extreme weather and indicated that they will be addressed in future budgetary considerations. Also information provided in the form of a letter from the County Attorney relative to the Beach Road Bridge in Newfield was reviewed and endorsed. Mr. Booth said that goals are being reviewed as well. RESOLUTION NO. 13 - AUTHORIZATION TO EXECUTE CONSTRUCTION FUNDING AGREEMENT WITH NEW YORK STATE DEPARTMENT OF TRANSPORTATION - MCLEAN- CORTLAND ROAD RECONSTRUCTION - PHASE I MOVED by Mr. Booth, seconded by Mr. Totman, and unanimously adopted by voice vote by members present. WHEREAS, a Project for the CR105, McLean -Cortland Road 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 a ratio of eighty percent Federal funds and twenty percent non -Federal funds, and WHEREAS, Resolution No. 164 of 1997 and Resolution No. 33 of 2002 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 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 percent of the project costs and then file for reimbursement of eligible costs, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure 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 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 $650,000 is hereby made available within account HZ5103.59239.53.02, McLean Road 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 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 31 February 4, 2003 administration of the Project and the municipality's first instance funding of Project costs and permanent funding of the local share of the 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. 14 - AUTHORIZING AN AGREEMENT WITH C&S ENGINEERS, INC., FOR DESIGN SERVICES IN CONNECTION WITH DEMOLITION OF THE OLD TERMINAL BUILDING - ITHACA TOMPKINS REGIONAL AIRPORT MOVED by Mr. Booth, seconded by Mr. Winch. Mr. Penniman asked whether this proposal was the least costly way to demolish the building or whether it might be less costly to have Taughannock Aviation Corporation (TAC) be responsible. Mr. Booth said the Committee did have this discussion as well and that the cost will exceed the total amount of obligation TAC is committed to. A voice vote resulted as follows: Ayes - 14, Noes - 0, Excused - 1 (Representative McBean). RESOLUTION ADOPTED. WHEREAS, Taughannock Aviation Corporation (TAC) is desirous of having the Old Terminal Building removed to make room for Phase II and Phase III of their facility expansion, and WHEREAS, the County's lease agreement with TAC provides for demolition costs of the Old Terminal Building to be shared between the County and TAC, with the maximum exposure to TAC being $70,000, and WHEREAS, it is necessary for the demolition and asbestos abatement to be publicly bid requiring detailed bid documents to ensure the project meets all local, State, and Federal regulations, and WHEREAS, C&S Engineers, Inc., have suitably qualified environmental engineers with expertise in demolition and have proposed the design, preparation and contract documents and assistance with evaluation of the bids for a total fee not to exceed $9,212, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That an agreement with C&S Engineers, Inc., for $9,212 be and hereby is approved and that the County Administrator is authorized to execute the appropriate documents, RESOLVED, further, That the cost of this engineering contract be part of the Airport's operational budget. SEQR ACTION: TYPE II -2 Report from the Consumer and Community Affairs Committee Ms. Kiefer, Chair, said that the first meeting was held on January 30, 2003. This was an introductory meeting for this new Committee, with participants being the County Clerk, Weights and Measures, Board of Elections, Cooperative Extension, Tompkins County Public Library, Dewitt Historical Society, and the County Historian. The next meeting will let the Committee become acquainted with Tompkins Community Action, Finger Lakes Library System, and the Rural Libraries. Ms. Kiefer shared information on a book produced by the County Historian entitled, The Architectural Heritage of Tompkins County, which was recently published. The book provides a pictorial view of the varied architectural designs that can be found throughout the County and is available at the Dewitt Historical Society. The next meeting will be on February 19, 2003 at 2:30 p.m., the newly set time for meetings throughout the year, and will include a discussion an exploration of the Utilities assignment given to the Committee and goal setting. 32 February 4, 2003 Report and Presentation of Resolution(s) from the Government Operations Committee Mr. Koplinka-Loehr, Chair, said a brief meeting was held on January 24, 2003. He reported that there will be a slight change in the operations of the Affirmative Action Committee this year, that the Affirmative Action Plan will utilize the Diversity Consortium to meet this plan. A special projects team of County staff will assist in meeting any requirements not covered within the Consortium. The Assessment Department reported to the Committee on the work recently completed resulting in 16,000 notices being sent out and he commended them for their efforts. Administration reported to the Committee that Mrs. Smithers will continue at this time in a part-time capacity and that there will still be a job search for an Administrative Services Coordinator. RESOLUTION NO. 15 - AMENDMENT TO RESOLUTIONS NOS. 326 AND 330 OF 2002 - AUTHORIZATION FOR SALARY INCREASES - PSYCHIATRISTS AND MEDICAL DIRECTOR - MENTAL HEALTH MOVED by Mr. Koplinka-Loehr, seconded by Ms. Blanchard. Ms. Kiefer said that it should be noted that although the professionals currently within these positions were not adverse to the original resolution, their clients felt that they deserved the increase. Ms. Kiefer said that with the potential shortfalls facing the County she is hesitant to vote on a greater increase. Ms. Schuler said that the information relating to client discontent about their doctor's salaries was not discussed at the Mental Health Board. Mr. Proto said that the doctors were not adverse to the initial resolution and that constituents did request the Board keep costs to a minimum. Mr. Proto feels that he cannot support the resolution at this time. Ms. Herrera said she is in agreement with Mr. Proto. She said the above grade increases she had previously voted against, were due to the high salary range and that it is important to recognize that we are in hard times and that the increase is a substantial amount. Mr. Koplinka-Loehr, said that this may be a matter of policy, rather than a financial question. He explained that the reason it is above range is due to the market for certain positions. Mr. Koplinka-Loehr said that several years ago the Government Operations Committee reviewed the process of positions that fall into the above -range category and determined that they should be reviewed independently and annually from other contracted and white-collar positions. Mr. Koplinka-Loehr said the issue resurfaced to review whether the previous resolution provided a fair increase to employees in these positions and to discuss the possibility of consideration of a cost -of -living increase opposed to providing percentage increases parallel to contracted increases. Mr. Totman said he feels to approve the resolution would not be the right thing to do when taking into consideration the numerous cuts in programs and departments because of the budget constraints. He will not support the resolution. Mr. Lane said that the County Charter states that one area to be considered by the County is retention of employees. He spoke of the Commissioner of Personnel and Mental Health Commissioner reporting to the Committee the difficulties that resulted as a result of locating and retaining qualified personnel in these positions. Mr. Lane also said that these positions do produce revenue to the County through the services they provide. Ms. Robertson said that following discussions with the Mental Health Commissioner she would now support the resolution. She spoke of the need of the clients for continuity and believes that it is important to retain the employees. She also noted that these positions are self-supporting through fees and reimbursements, and do not require funding from taxpayers. Mr. Joseph said the issue of treating everybody fairly was raised and that the definition of putting particular salaries outside the County salary scale is to treat them unfairly in their favor. Having done that he believes that treating fair in the sense of same treatment that other employees receive is off the table as 33 February 4, 2003 well as the rationale for the proposed 4.5 percent increase. He feels the relevant factor is that they are off the scale due to the market and it should be the issue. Mr. Joseph believes that the appropriate method is to increase them at the rate of inflation. Ms. Herrera said that it is important to recognize that State revenue is also money supplied from the residents and businesses in our area. Mr. Koplinka-Loehr said that although there were no employees saying they would leave a comment had been made that if they left and came back to the County it would require hiring them at $40,000 more than they presently make. He said that it would not be wise to provide a scenario where this could occur. Mr. Todd said he was skeptical at the beginning of the discussion and said he feels that supporting the resolution is the proper thing to do given the market rate. A roll call vote was taken and resulted as follows: Ayes - 7 (Representatives Blanchard, Booth, Koplinka-Loehr, Lane, Penniman, Robertson, and Todd); Noes - 7 (Representatives Herrera, Joseph, Kiefer, Proto, Schuler, Totman, and Winch); Excused - 1 (Representative McBean). RESOLUTION FAILED. WHEREAS, Board Resolution No. 326 of 2002, established the salary increase for Medical Director - Mental Health to be the average of the Consumer Price Index for the previous full three years (1999 - 2002), namely 2.77 percent, an increase of $3,913.60, from $141,285 in 2002 to $145,199 in 2003, and WHEREAS, Board Resolution No. 330 of 2002, established salary increases for Psychiatrists to be the average of the Consumer Price Index for the previous full three years (1999 - 2002), namely 2.77 percent, an increase of $3,612.55, from $130,417 in 2002 to $134,029 in 2003 for a 35.0 hour week, and WHEREAS, it was reported that the last recruitment ads for Psychiatrist positions were in the $180,000 to $190,000 range, and WHEREAS, these mental health positions of Medical Director and Psychiatrist are well above the Tompkins County Salary Schedule and any increase is therefore to be decided each year by the Board of Representatives, which was done most recently on December 17, 2002, and WHEREAS, the Government Operations Committee has re-evaluated this decision and has determined that, in order to be competitive, the salary increases for these two titles should be congruent with the salary increases of other County employees who receive annual contractual increases and fall under the terms of the White Collar contract, which provides for a 4.25 percent increase for 2003; however if a specific salary is above grade range then as described in Board Resolution No. 332 of 2002, the increase shall be .3.1875 percent, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the Medical Director - Mental Health and the Psychiatrists shall be granted a salary increase for the year 2003 of 4.25 percent, effective January 1, 2003, RESOLVED, further, That when the positions become vacant, the Board will review both the salary and annual percentage rate of increase. SEQR ACTION: TYPE II -20 Report from the Planning. Development. and Environmental Quality Committee Mr. Lane, Chair, said the first meeting will take place February 5, 2003, at 2:00 p.m. in the Old Jail Conference Room. Report from the Budget and Capital Committee 34 February 4, 2003 Mr. Penniman, Chair, deferred to Mr. Booth, Vice Chair, for the report. Mr. Penniman said the issue of salaries will be an area taken under review within the Budget and Capital Committee goals for the year. Mr. Booth reported that Mr. Squires provided the information that the Medicaid costs were not as high as initially anticipated. Also discussed were the results of the survey given to staff regarding the 2002 budget process. The County Administrator will work on combining all surveys regarding the budget into one document to be provided for review. There was also a lengthy discussion and suggestions made regarding Project Approval Request forms and the committee began a discussion of 2003 Committee Goals. Report and Appointment from the Health and Human Services Committee Ms. Robertson, Chair, reported the Committee had an organizational meeting on January 29, 2003, and will meet again February 5, 2003, at 11:30 a.m. The Committee will hold the second meeting of the month on the third Thursday of each month from 9:00 - 11:00 a.m. At the meeting liaison roles were discussed and assignments made. Ms. Robertson will be meeting with Department Heads and has met already with Ms. Cole, Public Health Director. A meeting was held on Friday, January 31, 2003, with members of Cooperative Extension and the Health Department to discuss the Neighbor Notification Law for Pesticide Use. She said decisions were made regarding responsibilities in the implementation of this Law. On February 25, 2003, a meeting will be held for commercial applicators to receive more information on the requirements of the law. Subsequent meetings will be held to educate other members of the public. The meeting with Ms. Cole, Public Health Department Director, provided a general timeline for receipt and deployment of smallpox vaccines. In Tompkins County this has been delayed till March. There are twenty Health Department staff and eighty Cayuga Medical Center staff eligible for the vaccination. Phase 2 will include law enforcement and emergency responders. By 2004, the general public will be part of the program. Appointment It was MOVED by Mr. Booth, seconded by Mr. Penniman, to approve the appointment below to the Board of Health. Mr. Proto indicated that the purpose for removing the appointment from the consent agenda was in order to clarify the dates of expiration and length of term. A brief discussion occurred describing that this is an appointment for the full six years designated by the Board of Health's bylaws; however, if the designated individual is no longer an elected official they would be replaced. Also determined was the fact that if a member chose to resign for any reason a replacement would be appointed. Mr. Winch respectfully resigned from the position at this time, leaving the position vacant, which is what Mrs. Schuler had done the year before, believing it appropriate for the Board of Representatives seat to be filled by the Health and Human Services Committee Chair. Next, a discussion was held asking whether the appointment could be modified to be concurrent with the length of the elected term. It was determined that it would require a change of bylaws to make the change. A voice vote resulted as follows: Ayes - 15, Noes - 0. MOTION TO APPOINT CARRIED. Board of Health Martha Robertson - Board Representative - term to expire December 31, 2007 Report from the Charter Review Committee Mr. Lane, Chair, said there will be a meeting on Thursday, February 13, 2003, during which time it is hoped to adopt the resolution for the Local Law with a draft being made available. Report from the Communications Capital Projects Committee 35 February 4, 2003 Mr. Penniman, Vice Chair, said a report on the bid opening for the Public Safety Communications Building was presented to the Committee, with 36 bids in the four categories of the project. They appear to be very competitive and may come in below the targeted figures. A special meeting will take place on February 18, 2003, to review and possibly award the bid for the project. The Committee received a project timeline that provided information relevant to the various stages of the construction. A discussion on the State -Wide Network bid process provided information that the bids have been opened and it appears that there are two companies, M-Acomm and Motorola, as the potential vendor. It will take some time for the selection process to take place due to the complexity of the project. Mr. Penniman said that Mr. Shurtleff, Director of Emergency Response, provided a report of the paging system and difficulties resulting during the recent weather-related emergency. It was determined that in addition to the severe weather received the age of the system contributed to the difficulties. These problems should be eliminated with the new equipment. The Department of Transportation relocation project was discussed and a potential parcel was found to be mutually agreeable to the parties. At this time the owner will be approached to seek an option for purchase. Mr. Whicher said that the paging system report provided by Mr. Shurtleff indicated that the housing for the generators was identified as needing immediate attention to prevent loss of services in the future. Report from the Space Needs and Location Committee Mr. Proto, Chair, said the Committee will meet on Wednesday, February 12, 2003. Report from the Tax Policy Committee Mr. Joseph, Chair, said the Committee will meet on Wednesday, February 12, 2003. Approval of Minutes of January 21, 2003 It was MOVED by Mr. Proto, seconded by Ms. Herrera, and unanimously adopted by voice vote by members present, to approve the minutes of January 21, 2003 as submitted. MINUTES APPROVED. Announcement Ms. Kiefer reported that a Public Reception to recognize Mr. Paul Bonaparte -Krogh, Director of Cooperative Extension, who is resigning from his position, will be held on Wednesday, February 12, 2003, from 3:30 p.m. until 5:30 p.m. at the Cooperative Extension building. Adjournment On motion the meeting adjourned at 8:00 p.m. 36 February 18, 2003 Regular Meeting Called to Order Mr. 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: 13 Representatives. Excused: 2 (Representatives McBean and Winch). Presentation of Distinguished Youth Award Representative Lane thanked Representative Proto for following through on putting together the criteria for this new program. He introduced Nancy Fey of the Dryden Sertoma Club. Ms. Fey highlighted both community and academic activities the Dryden Serteens, a group of more than 60 teens, have been involved in the Dryden community and Tompkins County area. She demonstrated these youth are active in the their community and are involved in sports and other extracurricular activities while maintaining a focus on academics. Mr. Lane presented the Dryden Serteens with the first "Distinguished Youth Award" for February, 2003 and thanked them for their contributions to the community. Privilege of the Floor by the Public Michael P. Mancuso, Groton resident, spoke in opposition to the possible war against IRAQ. He spoke of the many negative effects of the war and said he views this as being parallel to the Vietnam war. Fay Gougakis, City of Ithaca, spoke in regard to jet skis on Cayuga Lake. She said she is very concerned about the manner in which this issue is being handled by Common Council. She does not feel strong enough discussions are being held about this and would like to see the City take leadership on this issue. Privilege of the Floor by Board Members Mrs. Schuler, District No. 4 Representative, conveyed condolences to the family of Sean Killeen, a former Common Council Member. Mrs. Schuler said Sean Killeen was a two -term Common Council Member, Acting Mayor, a member of the Ithaca Police Board, RSVP Board, Mutual Housing Board, Collegetown Neighborhood Council, and was an International Elections Inspector. She said he was a tenacious and tireless worker for causes he felt strongly about. At this time a moment of silence was observed in his memory. Mr. Proto, District No. 7 Representative, thanked Mr. Lane for selecting an exemplary group to receive the first Distinguished Youth Award. He said the next District to select a recipient for the award will be District No. 15 which is represented by Mr. Penniman. Mr. Koplinka-Loehr, District No. 11 Representative, announced tomorrow a representative of the Fiscal Policy Institute will be at the Beverly Livesay Conference Room in the Human Services Building from 4 p.m. to 5 p.m. to provide a report on the proposed New York State budget. Ms. Robertson, District No. 13 Representative, thanked Mr. Mancuso for addressing the Board on the impending war with IRAQ. She also congratulated the many people who traveled to New York City and who demonstrated in Ithaca in opposition to the war. She urged people who feel strongly about these current events to contact the White House at 202-456-1111 to express an opinion about the President's 37 February 18, 2003 plan. She also provided web site contact information for individuals wishing to contact their senators or assemblypersons. Mr. Lane, District No. 14, reported on an article that recently appeared in the Ithaca Journal about an industry from North Carolina moving to Cortland. He said 90 jobs will be locating to the former Smith Corona facility and will be manufacturing wood products. Mr. Lane pointed out that Cortland County's Economic Development Zone encouraged this movement. He said Tompkins County is surrounded by other counties that have advantages of Economic Development Zones and Tompkins County is at a major disadvantage because of this. Chair's Report Mr. Joseph reported on a meeting he attended yesterday with Senator Michael Nozzolio who now represents the Lansing area. Mr. Joseph said although Lansing is the only Tompkins County area in the Senator's district, Senator Nozzolio considers ours to be a county that he represents and will be paying attention and ready to help. Mr. Joseph said during the meeting they discussed the State budget in addition to talking about State mandates and Medicaid. Mr. Joseph said he relayed an opinion to the Senator about what he feels is a cause of the problem. He blamed the system having one level of government making decisions about things and another responsible for funding them, for example, when the State dictates how things have to be run and the counties have to pay for it. He said they also discussed the importance of putting the control where the funding is. Mr. Joseph said although he does think there should be some general standards established, he thinks this is a good principle that should be violated only with good reason. He stated at the end of the meeting, the Senator indicated he found the discussion useful and asked for particular proposals of areas where changes could be made. Mr. Joseph asked that Board members and department heads give serious consideration to this and to present recommendations as soon as possible. Mr. Joseph said Senator Nozzolio informed him that he is also the Chair of the Crime and Corrections Committee which led into a discussion about the County's relationship with the Commission of Corrections. Mr. Nozzolio said he believes the County should have the right to make decisions about jail expansion and alternative -to -incarceration programs, and that the Commission should have to prove the County is wrong rather than the County having to prove its case to the Commission. Mr. Joseph said this was a very interesting exchange of information and he looks forward to continuing this at another time. Report from the County Administrator Mr. Whicher announced the official resignation of Kathryn Smithers, Deputy County Administrator, effective at the end of 2003. He said Mrs. Smithers will continue to assist the Board through one more budget process. He announced Jackie Thomas will be the person Mrs. Smithers will be mentoring in the next nine months. Mr. Whicher also referred to a list of Administrative liaisons to County Board committees, and reported Ed Marx, Commissioner of Planning, has begun taking over responsibilities for a few program committees. He said he will be appointing Mr. Marx as the next Deputy County Administrator. Report from the County Attorney Mr. Wilson, Assistant County Attorney, had no report. Report from the Finance Director Mr. Squires reported he has been receiving a lot of phone calls from merchants because they are confused about the status of the sales tax on clothing. Mr. Squires feels this is likely because the State 38 February 18, 2003 has not updated their website or forms which indicate the County is removing its clothing exemption on items under $110. He announced effective March 1st there will be a County sales tax of four percent applied on all clothing items. Mr. Squires stated a resolution is being added to the agenda this evening for the purpose of refunding 1995 bond issues. He said he is going to market on March 5 for some bond anticipation notes and the sale of the Foodnet issue. Mr. Squires stated in the course of putting together the paperwork for this, the County's consultants advised that the County should refund its 1995 bond issues, the first ones that had a call provision. The actual savings by doing this is $780,000, about $70,000 per year. He said it is important that this be done now because interest rates are at an all-time low; therefore, he has prepared a resolution and will request that it be added to the agenda. Mr. Squires reported he received a letter from the State Comptroller advising that retirement contribution rates are going to increase dramatically. He said the County paid 1.5 percent of salary in 2002 and can anticipate over 11 percent in 2003. Mr. Squires said under rates estimated based upon the current stock -market valuations the County is facing a bill of $3.6 million; this represents a 700 percent increase. Resolution(s) Added to the Agenda On motion and duly seconded and unanimously adopted by voice vote by members present, the following resolution was added to the agenda: Authorization to Amend Contract for Architectural and Construction Administrative Services for the 911 Consolidated Dispatch Center Withdrawal of Resolution(s) from the Agenda No resolutions were withdrawn from the agenda. Approval of Resolution(s) and Appointment(s) Under the Consent Agenda It was MOVED by Mr. Proto, seconded by Mr. Totman, and unanimously adopted by voice vote by members present, to approve the following resolution(s) under the Consent Agenda: RESOLUTION NO. 16 - BUDGET ADJUSTMENT — VARIOUS DEPARTMENTS MOVED by Mr. Proto, seconded by Mr. Totman, and unanimously adopted by voice vote by members present, under the Consent Agenda. RESOLVED, on recommendation of the Health and Human Services, and Planning, Development and Environmental Quality Committees, That the Director of Finance be directed to make the following budget adjustment on his books: PLANNING. DEVELOPMENT. AND ENVIRONMENTAL QUALITY COMMITTEE Planning (#5) Revenue Acct Title Amt Anprop Acct Title(s) CD8688 44959 Federal Funds $ 54,559 CD8688 54400 Program Expense CD8688 44959 Federal Funds $600,000 CD8688 54400 Program Expense Explanation: Bring remaining HO 5 funds into the 2003 budget. Set up HO 6 Grant funds. HEALTH AND HUMAN SERVICES COMMITTEE Office for the Aging (#6) Revenue Acct Title Amt Approp Acct Title(s) 39 6773 42797 6773 42798 6773 42799 6773 42800 6773 42801 6773 42802 Other Local Govt. Other Local Govt. Other Local Govt. Other Local Govt. Other Local Govt. Other Local Govt. February 18, 2003 Contribution Contribution Contribution Contribution Contribution Contribution $7,692 $ 300 $ 113 $ 200 $ 150 $2,045 6773 51000215 Salary 6773 54330 Printing 6773 54414 Local Mileage 6773 54452 Postage 6773 54472 Telephone 6773 58000 Fringes Explanation: Re -appropriation of unused Local Government Contributions to be used in 2003 from Cornell Caregivers Account. SEQR ACTION TYPE II -20 RESOLUTION NO. 17- AUDIT OF FINAL PAYMENT TO BOULEY ASSOCIATES, INC. - AIRCRAFT RESCUE FIRE FIGHTING (CRASH, FIRE, RESCUE) BUILDING ADDITION - ITHACA TOMPKINS REGIONAL AIRPORT MOVED by Mr. Proto, seconded by Mr. Totman, and unanimously adopted by voice vote by members present, under the Consent Agenda. WHEREAS, Bouley Associates, Inc., have completed their construction contract of the Aircraft Rescue Fire Fighting (Crash, Fire, Rescue) Building Addition for the Ithaca Tompkins Regional Airport, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the following claim against the County of Tompkins, be and hereby is audited by the Tompkins County Board of Representatives: Vendor Payment Requested Account No. Amount Bouley Associates, Inc. 9 (and Final) HT.5601.59239 $56,324.00 RESOLVED, further, That the Finance Director be and hereby is authorized and directed to pay said claim from Account No. HT.5601.59239. SEQR ACTION: TYPE II -20 RESOLUTION NO. 18 - AUDIT OF FINAL PAYMENT RICHARDSON BROTHERS ELECTRICAL CONTRACTORS, INC. - AIRCRAFT RESCUE FIRE FIGHTING (CRASH, FIRE, RESCUE) BUILDING ADDITION - ITHACA TOMPKINS REGIONAL AIRPORT MOVED by Mr. Proto, seconded by Mr. Totman, and unanimously adopted by voice vote by members present, under the Consent Agenda. WHEREAS, Richardson Brothers Electrical Contractors, Inc., have completed their construction contract of the Aircraft Rescue Fire Fighting (Crash, Fire, Rescue) Building Addition for the Ithaca Tompkins Regional Airport, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the following claim against the County of Tompkins, be and hereby is audited by the Tompkins County Board of Representatives: Vendor Payment Requested Account No. Amount Richardson Brothers 7 (and Final) HT.5601.59239 $21,336.12 Electrical Contractors, Inc. RESOLVED, further, That the Finance Director be and hereby is authorized and directed to pay said claim from Account No. HT.5601.59239. SEQR ACTION: TYPE 11-20 RESOLUTION NO. 19 - AUDIT OF FINAL PAYMENT TO AIRTECH HEATING AND AIR CONDITIONING SYSTEMS - AIRCRAFT RESCUE FIRE FIGHTING (CRASH, FIRE, RESCUE) BUILDING ADDITION - ITHACA TOMPKINS REGIONAL AIRPORT 40 February 18, 2003 MOVED by Mr. Proto, seconded by Mr. Totman, and unanimously adopted by voice vote by members present, under the Consent Agenda. WHEREAS, Airtech Heating and Air Conditioning Systems have completed their construction contract of the Aircraft Rescue Fire Fighting (Crash, Fire, Rescue) Building Addition for the Ithaca Tompkins Regional Airport, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the following claim against the County of Tompkins, be and hereby is audited by the Tompkins County Board of Representatives: Vendor Payment Requested Account No. Amount Airtech Heating and 5 (and Final) HT.5601.59239 $4,335.00 Air Conditioning Systems RESOLVED, further, That the Finance Director be and hereby is authorized and directed to pay said claim from Account No. HT.5601.59239. SEQR ACTION: TYPE 11-20 RESOLUTION NO. 20 - INCREASE IN HOURS - PSYCHIATRIST POSITION - MENTAL HEALTH DEPARTMENT MOVED by Mr. Proto, seconded by Mr. Totman, and unanimously adopted by voice vote by members present, under the Consent Agenda. WHEREAS, Tompkins County has a need for additional psychiatric hours to treat the mentally disabled, and WHEREAS, the 2003 budget funds the additional psychiatric hours so that no new monies are required, and WHEREAS, Gerald Lippert, MD is desirous of increasing hours from 35.0 to 40.0 hours per week, now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, That the position of psychiatrist occupied by Gerald Lippert, MD be increased from 35.0 to 40.0 hours per week effective March 2, 2003. SEQR ACTION: TYPE II -20 RESOLUTION NO. 21 - DECREASE IN HOURS - MENTAL HEALTH FORENSIC COUNSELOR POSITIONS MOVED by Mr. Proto, seconded by Mr. Totman, and unanimously adopted by voice vote by members present, under the Consent Agenda. WHEREAS, Mental health services provided to the drug treatment courts and the Community Justice Center can be accomplished by two forensic counselors within a standard 35.0 hour work week, and WHEREAS, the 2003 approved budget funds two forensic counselors for the drug treatment courts and Community Justice Center at 35.0 hour work weeks, now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, That the positions of Forensic Counselor (16-675) currently occupied by Jason Stark and Henrietta Calderazzo be reduced from 40.0 to 35.0 hours per week, effective January 1, 2003. SEQR ACTION: TYPE II -20 RESOLUTION NO. 22 - AUTHORIZATION FOR MEMBERSHIP — NATIONAL WIC ASSOCIATION - HEALTH DEPARTMENT 41 February 18, 2003 MOVED by Mr. Proto, seconded by Mr. Totman, and unanimously adopted by voice vote by members present, under the Consent Agenda. WHEREAS, the Tompkins County Health Department operates the WIC Program, and WHEREAS, membership in the National WIC Association provides the Department with up-to- date legislation, funding and policy information, nutrition facts, studies and a monthly Nutrition link, discounted conference fee registrations and unique workshops for WIC staff, now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, That Tompkins County Health Department is authorized to join the National WIC Association, RESOLVED, further, That the Director of Finance is authorized to make the following transfer on his books: FROM: 4012.54462 Insurance $50 TO: 4012.54416 Memberships/Dues $50 SEQR ACTION: TYPE II -20 Appointment(s) It was MOVED by Mr. Proto, seconded by Mr. Totman, and unanimously adopted by voice vote by members present, to approve the following appointment(s) under the Consent Agenda: Environmental Management Council John V. Dennis - Village of Lansing Representative - term to expire December 31, 2004 Byron E. Unsworth - Town of Ithaca Representative- term to expire December 31, 2004 Fish and Wildlife Management Board Gregory Johnson - Property Owner Representative - term to expire December 31, 2004 Criminal Justice Advisory/Alternatives to Incarceration Board Louise Miller, At -Large Representative - term to expire December 31, 2005 Nancy Zahler, At -Large Representative - term to expire December 31, 2005 Family Court Advisory Council Stuart Grinnell - Mental Health Representative - term to expire December 31, 2005 Tompkins County Youth Board Earl Westbrook - Village of Lansing Representative - term to expire December 31, 2003 Sloan Sheridan -Thomas - Village of Freeville Representative - term to expire December 31, 2005 Greater Ithaca Activities Center Kathy Luz Herrera - term to expire December 31, 2003 Traffic Safety Board Barbara Blanchard - Member Public Safety Committee - term to expire December 31, 2003 George Totman - Member Public Safety Committee - term to expire December 31, 2005 Kathy Luz Herrera - Member Public Safety Committee - term to expire December 31, 2004 Leslyn McBean - Member Public Safety Committee -term to expire December 31, 2004 Martha Robertson - Member Public Safety Committee - term to expire December 31, 2005 Report and Presentation of Resolution(s) from the Planning. Development and Environmental Quality Committee Mr. Lane, Chairman, reported the Committee met on February 5 and heard from Tompkins County Area Development on some of the activities they are working on, including coming together with 42 February 18, 2003 other counties in New York State that do not have empire zones. One reason this is being pursued is so that counties can present the New York State Legislature with an argument that counties without these zones are being unfairly discriminated against by not having the opportunities as other counties with them. Mr. Lane said the Committee also heard about IDA projects, including a request from Advion, which if approved, will provide bonding and tax incentives that will allow that company to grow from approximately 100 to 150 employees over a two-year period. Mr. Lane said the Committee continued to discuss issues such as snowmobile signage and Ed Marx's new role and said a draft Comprehensive Plan is expected by the end of 2003. RESOLUTION NO. 23 - SEEKING EXPANSION OF EMPIRE ZONES TO ALL COUNTIES MOVED by Mr. Lane, seconded by Ms. Blanchard. Mr. Todd said he has reservations about empire zones as far as Tompkins County is concerned. He feels there are many more jobs available in Tompkins County than there are people to fill them. He said there is a steady stream of people traveling into Tompkins County for employment here. He said the Tompkins County unemployment rate is at a steady 2.5 percent and this appears to be at the lowest level it can possibly be. He said he cannot support this because he doesn't believe it is necessary. Mrs. Schuler stated although the unemployment rate for Tompkins County is 2.5 percent, this does not represent a true picture because of the way it is figured. Mr. Lane respectfully disagreed with Mr. Todd. He said the empire development zone program which brings State money into counties to help pay for tax abatements, job credits to employers, and State grants for expansion of facilities, is something that is lacking in Tompkins County. He said the IDA has heard for a long time that local employers are being solicited by adjoining counties with better offers because of having Empire Development Zones. Ms. Robertson said it is true that Tompkins County does not look as needy as other counties; however, there is a lot of room for growth. She feels there is a large underemployment problem in this County because often there are cases where college graduates are doing jobs high-school graduates are qualified for, leaving no jobs for those high-school graduates. Ms. Robertson said there is a strong need for quality jobs so that people will want to remain in this area. Ms. Kiefer said since Tompkins County is one of only a few counties that do not have an Empire Zone it makes sense to move forward with this, but she has one question. She said when the IDA provides tax incentives there is an understanding that the business being encouraged will create a certain number of jobs within a period of time. She said when the business does not manage to accomplish what it has said it will do, there is a provision that allows for some type of recourse to recapture monies and she asked whether Empire Zones would also include any type of recapture provision. Mr. Lane asked Ms. Armstrong to address this question. Ms. Armstrong of Tompkins County Area Development said there is no local recapture policy because this is entirely a State program and she does not know if there is such a state policy. She said some of these types of policies could be put into effect if the burden of the Empire Zone starts to become shared by the local municipality. Mr. Booth said although the issue of the real property tax burden is real, he believes on balance these designated zones make sense and he will support this. Mr. Penniman said he believes it is important that Tompkins County be competitive with other counties and Tompkins County is seeing issues of companies moving. He also addressed the issue of people commuting to Tompkins County for employment. He said while there are a large number of 43 February 18, 2003 commuters, he believes it is more of a positive thing than negative because the businesses are adding to the property tax base and the commuters are spending money which adds to the sales tax base. Mr. Totman said the towns and villages that are in these zones need a bigger tax base. He said if the County can keep what it has and also bring new business in, property taxes will not need to be raised at the levels they have been. He believes this is very important to Tompkins County and will support this resolution. Mr. Proto thanked Jean McPheeters, President of the Chamber of Commerce, Martha Armstrong of TOAD, and Representatives Blanchard and Lane for attempting to answer many of the questions he has raised during the last few weeks. Mr. Proto said he does not want to delay this resolution; however, he would like to receive answers to the remaining questions he posed. Mr. Lane said those answers are in progress and he should be receiving them soon. Mr. Lane said it is important that Tompkins County act now, along with the other counties. Mr. Joseph said in the past he has been concerned about giving a "free ride" to some local businesses who have put weight on the local taxpayers and has felt that tax breaks shouldn't be given out unless there is a public service gained. Mr. Joseph said he does not have any doubt that it makes sense to be a regional job center where people from other communities commute to work. He said there are many people within this community who don't have good jobs and that it is desirable to encourage businesses to create jobs so that people can have good jobs with decent pay. Mr. Joseph said he also does not doubt that when almost every other county in the State has a tool for economic development that Tompkins County should also have it. Ms. Blanchard reminded the Board that four years ago the County spent a great deal of time and money on developing an economic development strategy that was based on the development of quality jobs that provide benefits. She said Tompkins County now has the opportunity to have an impact on regulatory changes that would make the zoning program better and if the County wants to have an impact on this it needs to take action to show its interest in having an Empire Zone. She noted there is strong support for this among local municipalities. A voice vote on the resolution resulted as follows: Ayes - 12, Noes - 1 (Representative Todd); Excused - 2 (Representatives McBean and Winch). RESOLUTION ADOPTED. WHEREAS, the Empire Zones program has become one of New York State's most highly successful economic development initiatives, resulting in billions of dollars in new private sector investment, and the creation of thousands of new jobs throughout the State, and WHEREAS, the success of the Empire Zones program led Site Selection magazine to report that New York State now ranks third in the nation in attracting new and expanded corporate facilities, and WHEREAS, seventy-two Zones have been designated statewide, offering substantial state tax incentives, reduced utility rates and programmatic preferences to companies located, or seeking to locate, within an Empire Zone, and WHEREAS, Tompkins County is only one of eleven of New York's sixty-two counties that do not currently have an Empire Zone, and WHEREAS, these counties are unable to match the State financed incentives that communities with an Empire Zone can provide to stimulate job creation and retention, and WHEREAS, this places those counties without an Empire Zone at a distinct disadvantage in attempting to encourage new corporate location or expansion decisions, and WHEREAS, by simple economic necessity those eleven counties have now joined together to address this inequity, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the Tompkins County Board of Representatives urges Governor Pataki and the New York State Legislature to amend the Empire Zones program to allow for the designation of at least one Empire Zone in each of New York's 62 counties, and 44 February 18, 2003 RESOLVED, further, That copies of this resolution be sent to Governor George Pataki, President Pro -Tem of the New York State Senate Joseph Bruno, Speaker of the Assembly Sheldon Silver, Senator James L. Seward, Senator John R. Kuhl, Assemblyperson Barbara Lifton, New York State Association of Counties, and Commissioner of Empire State Development Charles Gargano. SEQR ACTION: TYPE II -20 Report from the Facilities and Infrastructure Committee Mr. Booth, Chairman, reported the Committee met last week and heard an annual report on the solar panels at the Tompkins County Public Library. He said the solar panels have produced a direct savings in the amount of $14,000 during 2002; a copy of the detailed report is on file in the Board Office. The Committee will meet next on February 25t. Report from the Consumer and Community Affairs Committee Ms. Kiefer, Chair, reported the Committee has not met since the last Board meeting. The next meeting will be February 19th at 2:30 p.m. Report and Presentation of Resolution(s) from the Government Operations Committee Mr. Koplinka-Loehr, Chairman, reported the Committee met last week and many of the items acted on at that meeting are reflected on the agenda. Mr. Koplinka-Loehr said the Assessment Department is undergoing a very stressful time as there have been requests for 800 appeals. He reported Mr. Whicher has offered a staff person from the Administration Department to the Assessment Department for the next few months to assist with updating a computer project. Mr. Koplinka-Loehr reported the Public Information Coordinator informed the Committee that the County's website will be updated very soon. He noted the return rate for senior citizen exemption requests is lower than in previous years. Mr. Penniman requested that the Assessment Department provide the Board with a presentation on reassessment and appeal activity going on in that Department. Mr. Koplinka-Loehr said he would make arrangements with the Clerk of the Board for a presentation to be held. RESOLUTION NO. 24 - 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, and unanimously adopted by voice vote by members present. 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. 136, dated June 18, 2002, and WHEREAS, effective January 1, 2003, the Board amended the Model Plan to adopt provisions relating to regulations pertaining to Section 457 and Section 401(a)(9) of the Internal Revenue Code, technical amendments to the Economic Growth and Tax Relief Reconciliation Act of 2001 ("EGTRRA") 45 February 18, 2003 as they apply to the Model Plan and to adopt modifications that update certain administrative provisions, 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 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, 2003. SEQR ACTION: TYPE II -20 RESOLUTION NO. 25 - ADOPTION OF CASH MANAGEMENT AND INVESTMENT POLICY MOVED by Mr. Koplinka-Loehr, seconded by Mr. Booth. It was MOVED by Mr. Lane, seconded by Ms. Kiefer, to remove from the policy the provision that allows to bid in repurchase agreements. A voice vote on the amendment resulted as follows: Ayes - 4 (Representatives Kiefer, Lane, Todd, and Totman); Noes - 9; Excused - 2 (Representatives McBean and Winch). MOTION FAILED. A voice vote on the original motion resulted as follows: Ayes - 11; Noes - 2 (Representatives Lane and Totman); Excused - 2 (Representatives McBean and Winch). RESOLUTION ADOPTED. WHEREAS, Article 2 -Section 10 of the General Municipal Law requires each local government to authorize depositories for public funds, and WHEREAS, Article 2 -Section 11 of the General Municipal Law requires each local government to authorize Permitted Investments for public funds not required for immediate expenditure, and WHEREAS, Article 3 -Section 39 of the General Municipal Law requires each local government to adopt a comprehensive investment policy which details the local government's operative policy and instructions to officers and staff regarding the investment of public funds, and that the Investment Policy shall be annually reviewed by the local government, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the Cash Management and Investment Policy dated January 2003, is hereby adopted. SEQR ACTION: TYPE II -20 Report and Presentation of Resolution(s) from the Budget and Capital Committee Mr. Penniman, Chairman, reported the Committee met on February 11 and continued discussion about the budget process. The Committee did not take any action to change the process; however, discussion continues on the role of program committees and way to make that review more effective. The Committee heard a preliminary report from David Squires about the retirement contribution issue and a preliminary report on the County's Fund Balance situation. Mr. Penniman said it appears the Fund Balance situation is worse than originally assumed. It appears the savings by departments and extra revenues that were received last year have been offset by additional costs. This means some of those departmental savings would be eligible as rollover during the upcoming budget process and it is not clear there will be sufficient funds to honor those requests without raising taxes. The Committee will receive a more definitive report on this in coming weeks as well as revised projections. Mr. Penniman said the Committee discussed County Clerk Fees and how they should be handled within the budget. The discussion related to whether these should be considered dedicated revenues or revenues placed in the 46 February 18, 2003 General Fund to be distributed anywhere within the budget. The County Clerk fees were illustration to the Committee; the general issue of County fees, which will continue to be discussed. RESOLUTION NO. 26 - 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. Proto, and unanimously adopted by voice vote by members present. 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, this similar process worked well in 2002, 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 dpartners' outlays for transit operations, it is proposed that the County distribute to TCAT estimated 2n , 3rd, and 4th quarter State Transit Operating Assistance (STOA) payments anticipated within the 2003 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 2003 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 I1-20 RESOLUTION NO. 27 - A RESOLUTION AUTHORIZING THE ISSUANCE PURSUANT TO SECTION 90.10 OF THE LOCAL FINANCE LAW OF REFUNDING BONDS OF THE COUNTY OF TOMPKINS, NEW YORK, TO BE DESIGNATED "PUBLIC IMPROVEMENT REFUNDING (SERIAL) BONDS", AND PROVIDING FOR 0111ER MATTERS IN RELATION '"HERETO AND THE PAYMENT OF THE BONDS TO BE REFUNDED THEREBY MOVED by Mr. Penniman, seconded by Mr. Booth. A roll call vote resulted as follows: Ayes - 13, Noes - 0, Excused - 2 (Representatives McBean and Winch). RESOLUTION ADOPTED. WHEREAS, the County of Tompkins, New York (the "County") heretofore issued an aggregate principal amount of $4,115,000 Public Improvement (Serial) Bonds, 1995, Series A, pursuant to various bond resolutions, as amended, for various objects or purposes, all as set forth and described in Exhibit A-1 attached hereto and hereby made a part hereof, and pursuant to a Bond Certificate of the County Finance Director dated August 29, 1995 (the "Series A Refunded Bonds Bond Certificate"), such $4,115,000 Public Improvement (Serial) Bonds, 1995, Series A, being dated September 7, 1995 and maturing, or matured, in the amount of $185,000 on August 15, 1996, $200,000 on August 15, 1997, $210,000 on August 15, 1998, $220,000 on August 15, 1999, $230,000 on August 15, 2000, $240,000 on August 15, 2001, $250,000 on 47 4 February 18, 2003 August 15, 2002, $270,000 on August 15, 2003, $280,000 on August 15, 2004, $300,000 on August 15, 2005, $310,000 on August 15, 2006, $330,000 on August 15, 2007, $350,000 on August 15, 2008, $360,000 on August 15, 2009, and $380,000 on August 15, 2010, as more fully described in the Series A Refunded Bonds Bond Certificate (the "Series A Refunded Bonds"), and WHEREAS, it would be in the public interest to refund the $2,580,000 outstanding principal balance of the Series A Refunded Bonds maturing on August 15, 2003, and thereafter, by the issuance of refunding bonds pursuant to Section 90.10 of the Local Finance Law, and WHEREAS, such refunding will result in present value savings in debt service as required by Section 90.10 of the Local Finance Law, and WHEREAS, the County heretofore issued an aggregate principal amount of $9,770,000 Public Improvement (Serial) Bonds, 1995, Series B, pursuant to various bond resolutions, as amended, for various objects or purposes, all as set forth and described in Exhibit A-2 attached hereto and hereby made a part hereof, and pursuant to a Bond Certificate of the County Finance Director dated August 29, 1995 (the "Series B Refunded Bonds Bond Certificate"), such $9,770,000 Public Improvement (Serial) Bonds, 1995, Series B, being dated September 7, 1995, and maturing, or matured, in the amount of $280,000 on September 15, 1995, $295,000 on September 15, 1996, $310,000 on September 15, 1997, $330,000 on September 15, 1998, $345,000 on September 15, 1999, $365,000 on September 15, 2000, 385,000 on September 15, 2001, $405,000 on September 15, 2002, $430,000 on September 15, 2003, $455,000 on September 15, 2004, $480,000 on September 15, 2005, $505,000 on September 15, 2006, $530,000 on September 15, 2007, $560,000 on September 15, 2008, $590,000 on September 15, 2009, $625,000 on September 15, 2010, $660,000 on September 15, 2011, $700,000 on September 15, 2012, $740,000 on September 15, 2013, and $780,000 on September 15, 2014, as more fully described in the Series B Refunded Bonds Bond Certificate (the "Series B Refunded Bonds" and, together with the Series A Refunded Bonds, the "Refunded Bonds"), and WHEREAS, it would be in the public interest to refund the $7,055,000 outstanding principal balance of the Series B Refunded Bonds maturing on September 15, 2003, and thereafter, by the issuance of refunding bonds pursuant to Section 90.10 of the Local Finance Law, and WHEREAS, such refunding will result in present value savings in debt service as required by Section 90.10 of the Local Finance Law, now therefore be it RESOLVED, by the Board of Representatives of the County of Tompkins, New York, as follows: Section 1. For the object or purpose of refunding the aggregate $9,635,000 outstanding principal balance of the Refunded Bonds, or a portion thereof, including providing moneys which, together with the interest earned from the investment of certain of the proceeds of the Refunding Bonds herein authorized, shall be sufficient to pay (i) the principal amount of the Refunded Bonds, (ii) the aggregate amount of unmatured interest payable on the Refunded Bonds to and including the date on which the Refunded Bonds which are callable are to be called prior to their respective maturities in accordance with the refunding financial plan, as hereinafter defined, (iii) the costs and expenses incidental to the issuance of the Refunding Bonds herein authorized, including the development of the refunding financial plan, as hereinafter defmed, compensation to the underwriter, as hereinafter defmed, costs and expenses of executing and performing the terms and conditions of the escrow contract, as hereinafter defined, and fees and charges of the escrow holder, as hereinafter mentioned, (iv) the redemption premium to be paid on the Refunded Bonds which are to be called prior to their respective maturities, and (v) the premium or premiums for a policy or policies of municipal bond insurance or other form of credit enhancement facility or facilities for the Refunding Bonds herein authorized, or any portion thereof, there are hereby authorized to be issued not exceeding $10,600,000 refunding serial bonds of the County pursuant to the provisions of Section 90.10 of the Local Finance Law (the "Refunding Bonds"), it being anticipated that the amount of Refunding Bonds actually to be issued will be approximately $10,365,000, as provided in Section 7 hereof. The Refunding Bonds shall each be designated substantially "PUBLIC IMPROVEMENT REFUNDING (SERIAL) BOND", including the year, and a series designation if appropriate, shall be dated March 15, 2003, or such other date as shall hereafter be determined by the County Finance Director pursuant to Section 7 hereof, shall be of the denomination of $5,000 or any integral multiple thereof not exceeding the principal amount of each respective maturity, shall be numbered with the prefix "R" followed by a dash and the last two digits of the year followed by a dash and then from 1 upward and shall mature annually on August 15 in each of the years 2003 through 2014, both inclusive, and shall bear interest payable on August 15, 2003, and semi-annually 48 February 18, 2003 thereafter February 15, and August 15, or such other dates, at the rate or rates of interest per annum as may be necessary to sell the same, all as shall be determined by the County Finance Director. It is hereby further determined that such Refunding Bonds may be issued in series. Section 2. The Refunding Bonds may be subject to redemption prior to maturity upon such terms as the County Finance Director shall prescribe, which terms shall be in compliance with the requirements of Section 53.00 (b) of the Local Finance Law. If less than all of the Refunding Bonds of any maturity are to be redeemed, the particular refunding bonds of such maturity to be redeemed shall be selected by the County by lot in any customary manner of selection as determined by the County Finance Director. Notice of such call for redemption shall be given by mailing such notice to the registered owners not more than sixty (60) nor less than thirty (30) days prior to such date and as otherwise provided in Securities and Exchange Commission Release No. 34-23856. Notice of redemption having been given as aforesaid, the bonds so called for redemption shall, on the date for redemption set forth in such call for redemption, become due and payable, together with interest to such redemption date, and interest shall cease to be paid thereon after such redemption date. Section 3. Principal and interest on the Refunding Bonds will be payable in lawful money of the United States of America. The Refunding Bonds shall be issued in registered form and shall not be registrable to bearer or convertible into bearer coupon form. In the event said Refunding Bonds are issued in non -certificated form, such bonds, when issued, shall be initially issued in registered form in denominations such that one bond shall be issued for each maturity of bonds and shall be registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York ("DTC"), which will act as securities depository for the bonds in accordance with the Book -Entry -Only system of DTC. In the event that either DTC shall discontinue the Book -Entry -Only system or the County shall terminate its participation in such Book -Entry -Only system, such bonds shall thereafter be issued in certificated form of the denomination of $5,000 each or any integral multiple thereof not exceeding the principal amount of each respective maturity. In the case of non -certificated Refunding Bonds, principal of and interest on the bonds shall be payable by check or draft mailed by the Fiscal Agent (as hereinafter defined) to The Depository Trust Company, New York, New York, or to its nominee, Cede & Co., while the bonds are registered in the name of Cede & Co. in accordance with such Book -Entry -Only System. Principal shall only be payable upon surrender of the bonds at the principal corporate trust office of such Fiscal Agent. In the event said Refunding Bonds are issued in certificated form, principal of and interest on the Refunding Bonds shall be payable by check or draft mailed by the Fiscal Agent (as hereinafter defined) to the registered owners of the Refunding Bonds as shown on the registration books of the County maintained by the Fiscal Agent (as hereinafter defined), as of the close of business on the fifteenth day of the calendar month or first business day of the calendar month preceding each interest payment date as appropriate and as provided in a certificate of the County Finance Director providing for the details of the Refunding Bonds. Principal shall only be payable upon surrender of bonds at the principal corporate trust office of a bank or trust company or banks or trust companies located or authorized to do business in the State of New York, or, at the office of the Clerk of the Board of Representatives, as shall hereafter be designated by the County Finance Director as fiscal agent of the County for the Refunding Bonds (collectively the "Fiscal Agent"). Refunding Bonds in certificated form may be transferred or exchanged at any time prior to maturity at the principal corporate trust office of the Fiscal Agent for bonds of the same maturity of any authorized denomination or denominations in the same aggregate principal amount. The County Finance Director, as chief fiscal officer of the County, is hereby authorized to enter into an agreement or agreements containing such terms and conditions as he shall deem proper with the Fiscal Agent, for the purpose of having a bank or trust company or banks or trust companies act, in connection with the Refunding Bonds, as the Fiscal Agent for said County, to perform the services described in Section 70.00 of the Local Finance Law, and to execute such agreement or agreements on behalf of the County, regardless of whether the Refunding Bonds are initially issued in certificated or non -certificated form. Section 4. The County Finance Director is hereby further delegated all powers of this Board of Representatives with respect to agreements for credit enhancement, derived from and pursuant to Section 168.00 of the Local Finance Law, for said Refunding Bonds, including, but not limited to the determination of the provider of such credit enhancement facility or facilities and the terms and contents of any agreement or agreements related thereto. 49 February 18, 2003 Section 5. The Refunding Bonds shall be executed in the name of the County by the manual or facsimile signature of the County Finance Director, and a facsimile of its corporate seal shall be imprinted or impressed thereon and attested by the manual or facsimile signature of the Clerk of the Board of Representatives. In the event of facsimile signature by the County Finance Director and Clerk of the Board of Representatives, the Refunding Bonds shall be authenticated by the manual signature of an authorized officer or employee of a bank or trust company acting in the capacity of the Fiscal Agent. The Refunding Bonds shall contain the recital required by subdivision 4 of paragraph j of Section 90.10 of the Local Finance Law and 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 51.00 of the Local Finance Law, as the County Finance Director shall determine. It is hereby determined that it is to the financial advantage of the County not to impose and collect from registered owners of the Refunding 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. Section 6. It is hereby determined that: (a) the maximum amount of the Refunding Bonds authorized to be issued pursuant to this resolution does not exceed the limitation imposed by subdivision 1 of paragraph b of Section 90.10 of the Local Finance Law; (b) the maximum period of probable usefulness permitted by law at the time of the issuance of the Refunded Bonds for each of the objects or purposes for which the Refunded Bonds were issued is as shown upon Exhibits A-1 and A-2; (c) the last installment of the Refunding Bonds, as allocated to each of the objects or purposes for which the Refunded Bonds were issued, will mature not later than the expiration of the period of probable usefulness of each of the respective objects or purposes for which the Refunded Bonds were issued in accordance with the provisions of subdivision 1 of paragraph c of Section 90.10 of the Local Finance Law; and (d) the estimated present value of the total debt service savings anticipated as a result of the issuance of the Refunding Bonds, computed in accordance with the provisions of subdivision 2 of paragraph b of Section 90.10 of the Local Finance Law, is as shown in the Refunding Financial Plan described in Section 7 hereof. Section 7. The financial plan for the refunding authorized by this resolution (the "Refunding Financial Plan"), showing the sources and amounts of all moneys required to accomplish such refunding, the estimated present value of the total debt service savings and the basis for the computation of the aforesaid estimated present value of total debt service savings, are set forth in Exhibit B attached hereto and made a part of this resolution. The Refunding Financial Plan has been prepared based upon the assumption that the Refunding Bonds will be issued in the principal amount of $10,365,000 and that the Refunding Bonds will mature, be of such terms, and bear interest as set forth in Exhibit B. This Board of Representatives recognizes that the amount of the Refunding Bonds, maturities, terms, and interest rate or rates borne by the Refunding Bonds to be issued by the County will most probably be different from such assumptions and that the Refunding Financial Plan will also most probably be different from that attached hereto as Exhibit B. The County Finance Director is hereby authorized and directed to determine the amount of the Refunding Bonds to be issued, the date of such bonds and the date of issue, maturities and terms thereof, the provisions relating to the redemption of Refunding Bonds prior to maturity, if any, whether the Refunding Bonds will be insured by a policy or policies of municipal bond insurance or otherwise enhanced by a credit enhancement facility or facilities, whether the Refunding Bonds shall be sold at a discount in the manner authorized by paragraph e of Section 57.00 of the Local Finance Law, and the rate or rates of interest to be borne thereby, and to prepare, or cause to be provided, a fmal Refunding Financial Plan for the Refunding Bonds, and all powers in connection therewith are hereby delegated to the County Finance Director; provided, that the terms of the Refunding Bonds to be issued, including the rate or rates of interest borne thereby, shall comply with the requirements of Section 90.10 of the Local Finance Law. The County Finance Director shall file a copy of his certificate determining the details of the Refunding Bonds and the final Refunding Financial Plan with the Clerk of the Board of Representatives not later than ten (10) days after the delivery of the Refunding Bonds, as herein provided. 50 February 18, 2003 Section 8. The County Finance Director is hereby authorized and directed to enter into an escrow contract (the "Escrow Contract") with a bank or trust company located and authorized to do business in this State as he shall designate (the "Escrow Holder") for the purpose of having the Escrow Holder act, in connection with the Refunded Bonds, as the escrow holder to perform the services described in Section 90.10 of the Local Finance Law. Section 9. The faith and credit of said County of Tompkins, New York, are hereby irrevocably pledged to the payment of the principal of and interest on the Refunding Bonds 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 bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property in the County a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 10. All of the proceeds from the sale of the Refunding Bonds, including the premium, if any, but excluding accrued interest thereon, shall immediately upon receipt thereof be placed in escrow with the Escrow Holder for the Refunded Bonds. Accrued interest, if any, on the Refunding Bonds shall be paid to the County Finance Director to be expended to pay interest on the Refunding Bonds on the first interest payment date thereof. Such proceeds as are deposited in the escrow deposit fund to be created and established pursuant to the Escrow Contract, whether in the form of cash or investments, or both, inclusive of any interest earned from the investment thereof, shall be irrevocably committed and pledged to the payment of the principal of and interest on the Refunded Bonds in accordance with Section 90.10 of the Local Finance Law, and the holders, from time to time, of the Refunded Bonds shall have a lien upon such moneys held by the Escrow Holder. Such pledge and lien shall become valid and binding upon the issuance of the Refunding Bonds and the moneys and investments held by the Escrow Holder for the Refunded Bonds in the escrow deposit fund shall immediately be subject thereto without any further act. Such pledge and lien shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the County irrespective of whether such parties have notice thereof. Section 11. Notwithstanding any other provision of this resolution, so long as any of the Refunding Bonds shall be outstanding, the County shall not use, or permit the use of, any proceeds from the sale of the Refunding Bonds in any manner which would cause any of the Refunding Bonds to be an "arbitrage bond" as defined in Section 148 of the Internal Revenue Code of 1988, as amended, and, to the extent applicable, the Regulations promulgated by the United States Treasury Department thereunder as then in effect, Section 12. In accordance with the provisions of Section 53.00 and of paragraph h of Section 90.10 of the Local Finance Law, the County hereby elects to call in and redeem on August 15, 2003, all callable Series A Refunded Bonds maturing on and after August 15, 2004. The sum to be paid therefor on such redemption date shall be the par value thereof plus the redemption premium of 2%, as provided in the Series A Refunded Bonds Bond Certificate, and the accrued interest to such redemption date. The Escrow Agent for the Series A Refunded Bonds is hereby authorized and directed to cause notice of such call for redemption to be given in the name of the County in the manner and within the times provided in the Series A Refunded Bonds Bond Certificate. Such notice of redemption shall be in substantially the form attached to the Escrow Contract. Upon the issuance of the Refunding Bonds refunding the Series A Refunded Bonds, the election to call in and redeem the callable Series A Refunded Bonds and the direction to the Escrow Agent to cause notice thereof to be given as provided in this paragraph shall become irrevocable, provided that this paragraph may be amended from time to time as may be necessary in order to comply with the publication requirements of paragraph a of Section 53.00 of the Local Finance Law, or any successor law thereto. Section 13. In accordance with the provisions of Section 53.00 and of paragraph h of Section 90.10 of the Local Finance Law, the County hereby elects to call in and redeem on September 15, 2003, all callable Series B Refunded Bonds maturing on and after September 15, 2004. The sum to be paid therefor on such redemption date shall be the par value thereof plus the redemption premium of 2%, as provided in the Series B Refunded Bonds Bond Certificate, and the accrued interest to such redemption date. The Escrow Agent for the Series B Refunded Bonds is hereby authorized and directed to cause notice of such call for redemption to be given in the name of the County in the manner and within the times provided in the Series B Refunded Bonds Bond Certificate. Such notice of redemption shall be in substantially the form attached to the Escrow Contract. Upon the issuance of the Refunding Bonds refunding the Series B Refunded Bonds, the 51 February 18, 2003 election to call in and redeem the callable Series B Refunded Bonds and the direction to the Escrow Agent to cause notice thereof to be given as provided in this paragraph shall become irrevocable, provided that this paragraph may be amended from time to time as may be necessary in order to comply with the publication requirements of paragraph a of Section 53.00 of the Local Finance Law, or any successor law thereto. Section 14. The Refunding Bonds shall be sold at private sale to Roosevelt & Cross, Inc. (the "Underwriter") for a purchase price to be determined by the County Finance Director, plus accrued interest, if any, from the date of the Refunding Bonds to the date of the delivery of and payment for the Refunding Bonds. Subject to the approval of the terms and conditions of such sale by the State Comptroller as required by subdivision 2 of paragraph f of Section 90.10 of the Local Finance Law, the County Finance Director is hereby authorized to execute and deliver a purchase contract for the Refunding Bonds in the name and on behalf of the County providing the terms and conditions for the sale and delivery of the Refunding Bonds to the Underwriter. After the Refunding Bonds have been duly executed, they shall be delivered by the County Finance Director to the Underwriter in accordance with said purchase contract upon the receipt by the County of said purchase price, including accrued interest. Section 15. The County Finance Director and the Clerk of the Board of Representatives and all other officers, employees and agents of the County are hereby authorized and directed for and on behalf of the County to execute and deliver all certificates and other documents, perform all acts and do all things required or contemplated to be executed, performed or done by this resolution or any document or agreement approved hereby. Section 16. All other matters pertaining to the terms and issuance of the Refunding Bonds shall be determined by the County Finance Director and all powers in connection thereof are hereby delegated to the County Finance Director. Section 17. The validity of the Refunding Bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which said County is not authorized to expend money, or (b) 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 (c) Such obligations are authorized in violation of the provisions of the Constitution. Section 18. A summary of this resolution, which takes effect immediately, shall be published in the official newspaper of said County, together with a notice of the Clerk of the Board of Representatives in substantially the form provided in Section 81.00 of the Local Finance Law. SEQR ACTION: TYPE II -20 52 1167486.1 February 18, 2003 EXHIBIT A-1 OBJECTS OR PURPOSES OF PUBLIC IMPROVEMENT (SERIAL) BONDS, 1995, SERIES A DATED SEPTEMBER 7, 1995 AND THEIR PERIODS OF PROBABLE USEFULNESS 53 February 18, 2003 Exhibit A-1(1) 1) Of the $825,000 serial bonds authorized by Resolution No. 19, dated February 7, 1995, for the reconstruction of various buildings located throughout and in and for the County of Tompkins. New York, there shall be issued and sold $685,000 serial bonds which shall mature in the amounts and in the years as set forth in that column marked '1' as set forth in Exhibit 'A' attached hereto and made a part hereof, and shall be consolidated with other issues of bonds of said County as hereinafter authorized. It is hereby determined that the period of probable usefulness of the aforesaid class of 54 February18, 2003 Exhibit A-1(2) - 2 - objects or purposes is twenty years, pursuant to subdivision 12(a)(1) of paragraph a of Section 11.00 of the Local Finance Law, computed from the date of the bonds, there having been no bond anticipation notes heretofore issued therefor. 2) Of the $750,000 serial bonds authorized by Resolution No. 276, dated August 11. 1992_, for the real 'gnment _and_reconstruction of East Hill Plaza Roadway, in the County of Tompkins, New York, there shall be issued and sold $630,000 serial bonds which shall mature in the amounts and in the years as set forth in that column marked '2' as set forth in Exhibit 'A'. attached hereto and made a part hereof, and shall be consolidated with other issues of bonds of said County as hereinafter authorized. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is fifteen years, pursuant to subdivision 20(c) of paragraph a of Section 11.00 of the Local Finance Law, computed from September 29, 1992, the date of the first bond anticipation note issued therefor. It is hereby further determined that the sums of $40,000 each, from a source other than the proceeds of bonds or bond anticipation notes, were used on September 29, 1993 and September 8, 1994, to reduce outstanding bond anticipation notes of said County for such purpose, such amounts constituting the first two installments of the principal amount of such indebtedness. It is hereby further determined that the sum of $40,000, from a source other than the proceeds of bonds or bond anticipation notes, 55 February 18, 2003 Exhibit A-1(3) - 3 - will be used on or before September 8, 1995, to further reduce outstanding bond anticipation notes of said County for such purpose, such amount constituting the third installment of the principal amount of such indebtedness. 3) Of the $4,144,786 serial bonds authorized by Resolution No. 155, dated July 12, 1994, to pay the County's share of the cost of the campus master plan capital improvements for the Tompkins Cortland Community College to be borne by Tompkins County, New York, and Cortland County, New York, in accordance with an Intermunicpal Agreement between said Counties, there shall be issued and sold $2,800,000 serial bonds which shall mature in the amounts and in the years as set forth in that column marked '3' as set forth in Exhibit 'A' attached hereto and made a part hereof, and shall be consolidated with other issues of bonds of said County as hereinafter authorized. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is twenty years, pursuant to subdivision 12(a) (1) of paragraph a of Section 11.00 of the Local Finance Law, computed from June 1, 1995, the date of the first bond anticipation note issued therefor. 56 February 18, 2003 Exhibit A-1(4) EXHIBIT 'A' (t) (2) (3) (4) (5) (6) 1996 30,796 28,323 125,881 185,000 5.000% 395,235 1997 33,293 30,620 136,087 200,000 5.000% 400,985 1998 34,958 32,151 142,891 210,000 5.000% 400,985 1999 36,622 33,682 149,696 220,000 5.000% 400,485 2000 38,287 35,213 156,500 230,000 5.000% 399,485 2001 39,951 36,744 163,305 240,000 5.000% 397,985 2002 41,616 38,275 170,109 250,000 5.000% 395,985 2003 44,945 41,336 183,719 270,000 5.0009, 403,485 2004 46,610 42,867 190,523 280,000 5.000% 399,985 2005 49,939 45,930 204,131 300,000 5.000% 405,985 2006 51,604 47,460 210,936 310,000 5.000% 400,985 2007 54,933 50,523 224,544 330,000 5.200% 405,485 2008 58,263 53,584 238,153 350,000 5.300% 408,325 2009 59,927 55,115 24,958 360,000 5.375% 399,775 2010 63,256 58,177 258,567 380,000 5.375% 400,425 TOTALS $685,000 $630,000 $2,800,000 $4,115,000 $6,015,595 57 1167486.1 February 18, 2003 EXHIBIT A-2 OBJECTS OR PURPOSES OF PUBLIC IMPROVEMENT (SERIAL) BONDS, 1995, SERIES B DATED SEPTEMBER 7, 1995 AND THEIR PERIODS OF PROBABLE USEFULNESS 58 February 18, 2003 Exhibit A-2(1) 1) Of the $7,663,000 serial bonds authorized by Resolution No. 459, dated November 20, 1990, for the construction of a solid waste management - resource recovery facility, for the County of Tompkins, New York, there shall be issued and sold $6,735,000 serial bonds which shall mature in the amounts and in the years as set forth in that column marked '1' as set forth in Exhibit 'A' attached hereto and made a part hereof, and shall be consolidated with other issues of bonds of said County as hereinafter authorized. It is hereby determined that the period of probable usefulness of the aforesaid specific of object or purpose is twenty-five years, pursuant to subdivision 6 of paragraph a of Section 11.00 of the Local 59 February 18, 2003 Exhibit A-2(2) - 2 - Finance Law, computed from December 27, 1990, the date of the first bond anticipation note issued therefor. It is hereby further determined that the sums of $293,000, $300,000 and $335,000, from a source other than the proceeds of bonds or bond anticipation notes, were used on September 29, 1992, September 29, 1993 and September 28, 1994, to reduce outstanding -bond --anti patiorr-irotes-ot--said-County for such purpose, such amounts constituting the first three installments of the principal amount of such indebtedness. 2) Of the $6,000,000 serial bonds authorized by Resolution No. 360, dated December 21, 1993, for the construction of a solid waste central processing facility on land owned by the County and located on Commercial Avenue in the City of Ithaca, in the County of Tompkins, New York, there shall be issued and sold $2,700,000 serial bonds which shall mature in the amounts and in the years as set forth in that column marked '2' as set forth in Exhibit 'A' attached hereto and made a part hereof, and shall be consolidated with other issues of bonds of said County as hereinafter authorized. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is twenty-five years, pursuant to subdivision 6 of paragraph a of Section 11.00 of the Local Finance Law, computed from September 8, 1994, the date of the first bond anticipation note issued therefor. It is hereby further determined that the sum of $300,000, from ,a source other than the proceeds of bonds or bond anticipation notes, will be used on or before September 8, 1995, to reduce outstanding bond anticipation notes of said County for such 60 February 18, 2003 Exhibi t A-2(3) - 3 - purpose, such amount constituting the first installment of the principal amount of such indebtedness. 3) Of the $350,000 serial bonds authorized by Resolution No. 21, -dated-February-IT-1-9-94, for -the-reconstruction of the butI ing commonly known as the Cornell Cooperative Extension of Tompkins County Building, in the County of Tompkins, New York, there shall be issued and sold $335,000 serial bonds which shall mature in the amounts and in the years as set forth in that column marked '3' as set forth in Exhibit 'A' attached hereto and made a part hereof, and shall be consolidated with other issues of bonds of said County as hereinafter authorized. 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 Local Finance Law, computed from December 7, 1994, the date of the first bond anticipation note issued therefor. It is hereby further determined that the sum of $15,000, from a source other than the proceeds of bonds or bond anticipation notes, will be used on or before November 7, 1995, to reduce outstanding bond anticipation notes of said County for such purpose, such amount constituting the first installment of the principal amount of such indebtedness. 61 February 18, 2003 Exhibit A-2(4) EXHIBIT 'A' (1) (2) (3) (4) (5) (6) 1995 193,019 77,380 9,601 280,000 5.250% 323,918.00 1996 203,360 81,525 10,115 295,000 5.250% 807,312.50 1997 213,700 85,670 10,630 310,000 5.250% 806,825.00 1998 227,487 91,198 11,315 330,000 5.250% 810,550.00 1999 237,828 95,343 11,829 345,000 5.250% 808.225.00 2000 251,615 100,870 12,515 365,000 5.250% 810,112.50 2001 265,402 106,397 13,201 385.000 5.250% 810,950.00 2002 279,189 111,924 13,887 405,000 5.250% 810,737.50 2003 296,423 118,833 14,744 430,000 5.250% 814,475.00 2004 313,657 125,742 15,601 455,000 5.250% 816,900.00 2005 330,891 132,650 16,459 480,000 5.250% 818,012.50 2006 348,124 139,560 17,316 505.000 5.250% 817,812.50 2007 365,358 146,469 18,173 530,000 5.250% 816,300.00 2008 386,033 154,760 19,202 560,000 5.400% 818,475.00 2009 406,720 163,050 20,230 590,000 5.400% 818,235.00 2010 430,847 172,723 21,430 625,000 5.500% 821,375.00 2011 454,974 182,395 22,631 660,000 5.625% 822,000.00 2012 482,549 193,449 24,002 700,000 5.625% 824,875.00 2013 510,122 204,504 25,374 740,000 5.625% 825,500.00 2014 537,697 215,558 26.745 780,000 5.625% 823,875.00 TOTALS $6,735,000 $2,700,000 $335,000 $9,770,000 $15,826,465.50 62 1167486.1 February 18, 2003 EXHIBIT B PRELIMINARY REFUNDING FINANCIAL PLAN COUNTY OF TOMPKINS, NEW YORK ROOSEVELT & CROSS, INC. 63 February 1B U`yr FUNDS COUNTY OF TOMPKINS, NEW YORK REFUNDING BONDS REFUNDING OF 1995 SERIES A (08/15/2003 - 2010) REFUNDING OF 1995 SERIES B (09/15/2003 - 2014) INSURED Dated Date 03/12/2003 Delivery Date 03/12/2003 Sources: Bond Proceeds: Par Amount 10,365,000.00 10,365,000.00 Uses: Refunding Escrow Deposits: Cash Deposit SLG Purchases Delivery Date Expenses: Cost of Issuance Underwriters Discount Insurance Premium (20 Basis Points) 192,258.01 10,016,550.00 10,208,808.01 80,000.00 49,752.00 24,396.60 154,148.60 Other Uses of Funds: Additional Proceeds 2,043.39 10,365,000.00 Feb 6, 2003 4:26 pm Prepared by Roosevelt & Cross, Inc. (Finance 4.430 nyt:TOMPKINS-3R_,3R_) Page 1 64 February 18, 2003 SUMMARY OF REFUNDING RESULTS COUNTY OF TOMPKINS, NEW YORK REFUNDING BONDS REFUNDING OF 1995 SERIES A (08115/2003 - 2010) REFUNDING OF 1995 SERIES B (09/15/2003 - 2014) INSURED Dated Date 03/12/2003 Delivery Date 03112/2003 Arbitrage yield 3.168951% Escrow yield 1.153002% Bond Par Amount 10,365,000.00 True Interest Cost 3265424% Net Interest Cost 3.241042% Ali -In TIC 3.422040% Average Coupon 31'55411% Average Life 5.605 Par amount of refunded bonds 9,635,000.00 Average coupon of refunded bonds 5.478459% Average life of refunded bonds 5.989 PV of prior debt to 03/12/2003 @ 3.121901 % 11,029,800.21 Net PV Savings 666,843.60 Percentage savings of refunded bonds 6.921054% Percentage savings of refunding bonds 6.433609% Feb 6, 2003 4:26 pm Prepared by Roosevelt & Cross, Inc. (Finance 4.430 nyt:TOMPKINS-3R_,3R_) Page 2 65 February 18, 2003 SAVINGS COUNTY OF TOMPKINS, NEW YORK REFUNDING BONDS REFUNDING OF 1995 SERIES A (08/15/2003 - 2010) REFUNDING OF 1995 SERIES B (09/15/2003 - 2014) INSURED Present Value Prior Refunding Annual to 03/12/2003 Date Debt Service Debt Service Savings Savings @ 3.1219010% 03/15/2003 192,237.50 192,237.50 08/15/2003 336,742.50 1,081,922.69 -745,180.19 09/15/2003 622,237.50 622,237.50 12/31/2003 02/15/2004 59,992.50 126,823.75 -66,831.25 03/152004 180,950.00 180,950.00 08/151200* 339;992.50 14416;823.75 =676;63425 09/15/2004 635,950.00 635,950.00 12/31/2004 02/152005 52,992.50 121,928.75 -68,936.25 03/15(2005 169,006.25 169,006.25 08/15/2005 352,992.50 1,026,928.75 -673.936.25 09/152005 649,006.25 649,006.25 12/312005 02/152006 45,492.50 115,593.75 -70,101.25 03/15/2006 156,406.25 156,406.25 08/15/2006 355,492.50 1,030,593.75 -675,101.25 09/152006 661,406.25 661,406.25 12/312006 02/15/2007 37,742.50 107,358.75 -69,616.25 03/152007 143,150.00 143,150.00 08/152007 367,742.50 1,037,358.75 -669,616.25 09/152007 673,150.00 673,150.00 12/312007 02/15/2008 29,162.50 97,128.75 -67,966.25 03/152008 129,237.50 129,237.50 08/15/2008 379,162.50 1,057,128.75 -677,966.25 09/15/2008 689,237.50 689,237.50 12/312008 02/15/2009 19,887.50 84,408.75 -64,521.25 03/15/2009 114,117.50 114,117.50 08/15/2009 379,887.50 1,064,408.75 -684,521.25 091152009 704,117.50 704,117.50 12/31/2009 02/15/2010 10,212.50 69,708.75 -59,496.25 03/15/2010 98,187.50 98,187.50 08/15/2010 390,212.50 1,079,708.75 -689,49625 09/152010 723,187.50 723,187.50 12/31/2010 02/15/2011 53,043.75 -53,043.75 03/15/2011 81,000.00 81,000.00 08/15/2011 713,043.75 -713,043.75 09/15/2011 741,000.00 741,000.00 12/31/2011 02/15/2012 41,328.75 -41,328.75 03/15/2012 62,437.50 62,437.50 08/15/2012 731,328.75 -731,328.75 09/152012 762,437.50 762,437.50 12/312012 02/152013 28,563.75 -28,563.75 03/152013 42,750.00 42,750.00 08/152013 743,563.75 -743,563.75 09/152013 782,750.00 782,750.00 12/312013 02/15/2014 14,800.00 -14,800.00 69,294.81 73,237.50 75,140.00 72,610.00 77,067.50 72,542.50 69,192.50 72,382.50 55,912.50 52,217.50 53,372.50 192,187.88 -735,433.75 612,515.82 -64,943.41 175,385.21 -647;603:44 606,918.80 -64,945.59 158,812.11 -625,164.12 600,486.13 -64,028.63 142,489.04 -607,142.49 593,292.54 -61,646.10 126,434.38 -583,840.46 585,408.37 -58,349.18 110,664.64 -573,089.91 581,115.50 -53,702.03 94,736.88 -560,980.95 575,552.82 -48.009.15 79,025.91 -547,822.13 573,109.29 -41,496.85 63,204.03 -549,250.33 569,313.17 -31,345.82 47,233.68 -546,151.69 567,915.55 -21,003.38 31.353.71 -538,350.76 565,261.06 -10,550.72 Feb 6, 2003 4:26 pm Prepared by Roosevelt & Cross, Inc. (Finance 4.430 nytTOMPKINS-3R_,3R_) Page 3 66 February 18, 2003 SAVINGS COUNTY OF TOMPKINS, NEW YORK REFUNDING BONDS REFUNDING OF 1995 SERIES A (08/15/2003 - 2010) REFUNDING OF 1995 SERIES B (09/15/2003 - 2014) INSURED Present Value Prior Refunding Annual to 03/12/2003 Date Debt Service Debt Service Savings Savings @ 3.1219010% 03/15/2014 21,937.50 21,937.50 08/15/2014 754,800.00 -754,800.00 09/15/2014 801,937.50 801,937.50 12/31/2014 54,275.00 15,598.63 -529,816.53 561,452.48 12,995,542.50 12,198,297.69 797,244.81 797,244.81 664,800.21 Savings Summary PV of savings from cash flow Plus: Refunding funds on hand 664,800.21 2,043.39 Net PV Savings 666,843.60 Feb 6, 2003 4:26 pm Prepared by Roosevelt & Cross, Inc. 67 (Finance 4.430 nyt:TOMPKINS-3R_,3R_) Page 4 February 18, 2003 BOND DEBT SERVICE COUNTY OF TOMPKINS, NEW YORK REFUNDING BONDS REFUNDING OF 1995 SERIES A (08/15/2003 - 2010) REFUNDING OF 1995 SERIES B (09/15/2003 - 2014) INSURED Period Annual Ending Principal Coupon Interest Debt Service Debt Service 03/12/2003 08/15/2003 970,000 1.000% 111,922.69 1,081,922.69 12/31/2003 02/15/2004 126,823.75 126,823.75 08/15/2004 890,000 1.100% 126,823.75 1,016,823.75 12/31/2004 02/15/2005 121,928.75 121,928.75 08/15/2005 905,000 1.400% 121,928.75 1,026,928.75 12/31/2005 02/15/2006 115,593.75 115,593.75 08/15/2006 915,000 1.800% 115,593.75 1,030,593.75 12/31/2006 02/15/2007 107,358.75 107,358.75 08/15/2007 930,000 2.200% 107,358.75 1,037,358.75 12/31/2007 02/15/2008 97,128.75 97,128.75 08/15/2008 960,000 2.650% 97,128.75 1,057,128.75 12/31/2008 02/15/2009 84,408.75 84,408.75 08/15/2009 980,000 3.000% 84,408.75 1,064,408.75 12/31/2009 02/15/2010 69,708.75 69,708.75 08/15/2010 1,010,000 3.300% 69,708.75 1,079,708.75 12/31/2010 02/15/2011 53,043.75 53,043.75 08/15/2011 660,000 3.550% 53,043.75 713,043.75 12/31/2011 02/15/2012 41,328.75 41,328.75 08/15/2012 690,000 3.700% 41,328.75 731,328.75 12/31/2012 02/15/2013 28,563.75 28,563.75 08/15/2013 715,000 3.850% 28,563.75 743,563.75 12/31/2013 02/15/2014 14,800.00 14,800.00 08/15/2014 740,000 4.000% 14,800.00 754,800.00 12/31/2014 1,081,922.69 1,143,647.50 1,148,857.50 1,146,187.50 1,144,717.50 1,154,257.50 1,148,817.50 1,149,417.50 766,087.50 772,657.50 772,127.50 769,600.00 10,365,000 1,833,297.69 12,198,297.69 12,198,297.69 Feb 6, 2003 4:26 pm Prepared by Roosevelt & Cross, Inc.68 (Finance 4.430 nyt:TOMPKINS-3R_,3R_) Page 5 Bond Component February 18, 2003 BOND PRICING COUNTY OF TOMPKINS, NEW YORK REFUNDING BONDS REFUNDING OF 1995 SERIES A (08/1512003 - 2010) REFUNDING OF 1995 SERIES B (09/15/2003 - 2014) INSURED Maturity Date Amount Rate Yield Price Serial Bonds: 08/15/2003 970,000 1.000% 1.000% 100.000 08/15/2004 890,000 1.100% 1.100% 100.000 08/15/2005 905,000 1.400% 1.400% 100.000 08/15/2006 915,000 1.800% 1.800% 100.000 08/15/2007 930,000 2.200% 2.200% 100.000 08/15/2008 960,000 2.650% 2.650% 100.000 08/15/2009 980,000 3.000% 3.000% 100.000 08/15/2010 1,010,000 3.300% 3.300% 100.000 08/15/2011 660,000 3.550% 3.550% 100.000 08/15/2012 690,000 3.700% 3.700% 100.000 08/15/2013 715,000 3.850% 3.850% 100.000 08/15/2014 740,000 4.000% 4.000% 100.000 10,365,000 Dated Date 03/12/2003 Delivery Date 03/12/2003 First Coupon 08/15/2003 Par Amount 10,365,000.00 Original Issue Discount Production 10,365,000.00 100.000000% Underwriter's Discount -49,752.00 -0.480000% Purchase Price 10,315,248.00 99.520000% Accrued Interest Net Proceeds 10,315,248.00 Feb 6, 2003 4:26 pm Prepared by Roosevelt & Cross, Inc.69 (Finance 4.430 nyt:TOMPKINS-3R_,3R_) Page 6 February 18, 2003 ESCROW REQUIREMENTS COUNTY OF TOMPKINS, NEW YORK REFUNDING BONDS REFUNDING OF 1995 SERIES A (08/15/2003 - 2010) REFUNDING OF 1995 SERIES B (09/15/2003 - 2014) INSURED Period Principal Redemption Ending Principal Interest Redeemed Premium Total 03/15/2003 192,237.50 192,237.50 08/15/2003 270,000.00 66,742.50 2,310,000.00 46,200.00 2,692,942.50 09/15/2003 430,000.00 192,237.50 6,625,000.00 132,500.00 7,379,737.50 700,000.00 451,217.50 8,935,000.00 178,700.00 10,264,917.50 Feb 6, 2003 4:26 pm Prepared by Roosevelt & Cross, Inc.70 (Finance 4.430 nyt:TOMPKINS-3R_,3R_) Page 7 February 18, 2003 ESCROW DESCRIPTIONS COUNTY OF TOMPKINS, NEW YORK REFUNDING BONDS REFUNDING OF 1995 SERIES A (08/15/2003 - 2010) REFUNDING OF 1995 SERIES B (09115/2003 - 2014) INSURED Type of Type of Security SLGS Maturity First Int Par Max Date Pmt Date Amount Rate Rate Mar 12, 2003: SLG Certificate 08/15/2003 08/15/2003 2,679,921 1.140% 1.140% SLG Certificate 09/15/2003 09/15/2003 7,336,629 1.150% 1.150% 10,016,550 SLGS Summary SLGS Rates File Total Certificates of Indebtedness 06FEB03 10,016,550.00 Feb 6, 2003 4:26 pm Prepared by Roosevelt & Cross, Inc.7 1 (Finance 4.430 nyt:TOMPKINS-3R_,3R_) Page 8 February 18, 2003 ESCROW STATISTICS COUNTY OF TOMPKINS, NEW YORK REFUNDING BONDS REFUNDING OF 1995 SERIES A (08/15/2003 - 2010) REFUNDING OF 1995 SERIES B (09/15/2003 - 2014) INSURED Modified Yield to Yield to Perfect Value of Total Duration Receipt Disbursement Escrow Negative Cost of Escrow Cost (years) Date Date Cost Arbitrage Dead Time Global Proceeds Escrow: 10,208,808.01 0.483 1.153002% 1.153002% 10,112,132.37 96,624.95 50.69 10,208,808.01 10,112,132.37 96,624.95 50.69 Delivery date 03/12/2003 Arbitrage yield 3.168951% Feb 6, 2003 4:26 pm Prepared by Roosevelt & Cross, Inc.72 (Finance 4.430 nyt:TOMPKINS-3R_,3R_) Page 9 Bond February 18, 2003 SUMMARY OF BONDS REFUNDED COUNTY OF TOMPKINS, NEW YORK REFUNDING BONDS REFUNDING OF 1995 SERIES A (08/15/2003 - 2010) REFUNDING OF 1995 SERIES B (09/15/2003 - 2014) INSURED Maturity Date Interest Rate Par CaII Amount Date Call Price Public Improvement Serial Bonds, 1995 08/15/2003 08/15/2004 08/15/2005 08/15/2006 08/15/2007 08/15/2008 08/15/2009 08/15/2010 BONDS Public Improvement Serial Bonds, 1995 SERIALS 09/15/2003 09/15/2004 09/15/2005 09/15/2006 09/15/2007 09/15/2008 09/15/2009 09/15/2010 09/15/2011 09/15/2012 09/15/2013 09/15/2014 Series A, 1995A: 5.000% 5.000% 5.000% 5.000% 5.200% 5.300% 5.375% 5.375% 270,000.00 280,000.00 300,000.00 310,000.00 330,000.00 350,000.00 360,000.00 380,000.00 Series 8, 1995B: 5.250% 5.250% 5.250% 5.250% 5.250% 5.400% 5.400% 5.500% 5.625% 5.625% 5.625% 5.625% 2,580,000.00 430,000.00 455,000.00 480,000.00 505,000.00 530,000.00 560,000.00 590,000.00 625,000.00 660,000.00 700,000.00 740,000.00 780,000.00 7,055,000.00 08/15/2003 102.000 08/15/2003 102.000 08/15/2003 102.000 08/15/2003 102.000 08/15/2003 102.000 08/15/2003 102.000 08/15/2003 102.000 09/15/2003 102.000 09/15/2003 102.000 09/15/2003 102.000 09/15/2003 102.000 09/15/2003 102.000 09/15/2003 102.000 09/15/2003 102.000 09/15/2003 102.000 09/15/2003 102.000 09/15/2003 102.000 09/15/2003 102.000 9,635,000.00 Feb 6, 2003 4:26 pm Prepared by Roosevelt & Cross, Inc. 73 (Finance 4.430 nyt:TOMPKINS-3R_,3R_) Page 10 February 18, 2003 PRIOR BOND DEBT SERVICE COUNTY OF TOMPKINS, NEW YORK REFUNDING BONDS REFUNDING OF 1995 SERIES A (08/15/2003 - 2010) REFUNDING OF 1995 SERIES B (09/15/2003.2014) INSURED Period Annual Ending Principal Coupon Interest Debt Service Debt Service 03/12/2003 03/15/2003 192,237.50 192,237.50 08/15/2003 270,000 5.000% 66,742.50 336,742.50 09/15/2003 430,000 5.250% 192,237.50 622,237.50 12/31/2003 02/15/2004 59,992.50 59,992.50 03/15/2004 180,950.00 180,950.00 08/15/2004 280,000 5.000% 59,992.50 339,992.50 09/15/2004 455,000 5.250% 180,950.00 635,950.00 12/31/2004 02/15/2005 52,992.50 52,992.50 03/15/2005 169,006.25 169,006.25 08/15/2005 300,000 5.000% 52,992.50 352,992.50 09/15/2005 480,000 5.250% 169,006.25 649,006.25 12/31/2005 02/15/2006 45,492.50 45,492.50 03/15/2006 156,406.25 156,406.25 08/15/2006 310,000 5.000% 45,492.50 355,492.50 09/15/2006 505,000 5.250% 156,406.25 661,406.25 12/31/2006 02/15/2007 37,742.50 37,742.50 03/15/2007 143,150.00 143,150.00 08/15/2007 330,000 5.200% 37,742.50 367,742.50 09/15/2007 530,000 5.250% 143,150.00 673,150.00 12/31/2007 02/15/2008 29,162.50 29,162.50 03/15/2008 129,237.50 129,237.50 08/15/2008 350,000 5.300% 29,162.50 379,162.50 09/15/2008 560,000 5.400% 129,237.50 689,237.50 12/31/2008 02/15/2009 19,887.50 19,887.50 03/15/2009 114,117.50 114,117.50 08/15/2009 360,000 5.375% 19,887.50 379,887.50 09/15/2009 590,000 5.400% 114,117.50 704,117.50 12/31/2009 02/15/2010 10,212.50 10,212.50 03/15/2010 98,187.50 98,187.50 08/15/2010 380,000 5.375% 10,212.50 390,212.50 09/15/2010 625,000 5.500% 98,187.50 723,187.50 12/31/2010 03/15/2011 81,000.00 81,000.00 09/15/2011 660,000 5.625% 81,000.00 741,000.00 12/31/2011 03/15/2012 62,437.50 62,437.50 09/15/2012 700,000 5.625% 62,437.50 762,437.50 12/31/2012 03/15/2013 42,750.00 42,750.00 09/15/2013 740,000 5.625% 42,750.00 782,750.00 12/31/2013 03/15/2014 21,937.50 21,937.50 09/15/2014 780,000 5.625% 21,937.50 801,937.50 12/31/2014 1,151,217.50 1,216,885.00 1,223,997.50 1,218,797.50 1,221,785.00 1,226,800.00 1,218,010.00 1,221,800.00 822,000.00 824,875.00 825,500.00 823,875.00 9,635,000 3,360,542.50 12,995,542.50 12,995,542.50 Feb 6, 2003 4:26 pm Prepared by Roosevelt & Cross, Inc. 74 (Finance 4.430 nyt:TOMPKINS-3R_,3R_) Page 11 Date February 18, 2003 EFFECTIVE INTEREST COST Present Value to 03/12/2003 Cashflow @ 3.1219010% 08/15/2003 1,081,922.69 1,067,771.90 02/15/2004 126,823.75 123,241.25 08/15/2004 1,016,823.75 972,913.94 02/15/2005 121,928.75 114,870.39 08/15/2005 1,026,928.75 952,610.89 02/15/2006 115,593.75 105,580.28 08/15/2006 1,030,593.75 926,849.50 02/15/2007 107,358.75 95,067.57 08/15/2007 1,037,358.75 904,476.27 02/15/2008 97,128.75 83,385.25 08/15/2008 1,057,128.75 893,598.79 02/15/2009 84,408.75 70,254.70 08/15/2009 1,064,408.75 872,307.51 02/15/2010 69,708.75 56,249.89 08/15/2010 1,079,708.75 857,855.78 02/15/2011 53,043.75 41,496.85 08/15/2011 713,043.75 549,250.33 02/15/2012 41,328.75 31,345.82 08/15/2012 731,328.75 546,151.69 02/15/2013 28,563.75 21,003.38 08/15/2013 743,563.75 538,350.76 02/15/2014 14,800.00 10,550.72 08/15/2014 754,800.00 529,816.52 12,198,297.69 10,365,000.00 Summary Valuation date 03/12/2003 Amount 10,365,000.00 Target for yield calculation 10,365,000.00 Feb 6, 2003 4:25 pm Prepared by Roosevelt & Cross, Inc. 75 (Finance 4.430) Page 1 February 18, 2003 SOURCES AND USES OF FUNDS COUNTY OF TOMPKINS, NEW YORK BREAKOUT OF 1995 A BONDS REFUNDING OF 1995 SERIES A (08/15/2003 - 2010) REFUNDING OF 1995 SERIES B (09/15/2003 - 2014) INSURED Dated Date 03/12/2003 Delivery Date 03/12/2003 Sources: Bond Proceeds: Par Amount 2,720,000.00 2,720,000.00 Uses: Refunding Escrow Deposits: Cash Deposit PV cost of cashflows Delivery Date Expenses: Cost of Issuance Underwriter's Discount Insurance Premium (20 Basis Points) 20.00 2,679,816.38 2,679,836.38 21,014.00 13,056.00 6,006.09 40,076.09 Other Uses of Funds: Additional Proceeds 87.53 2,720,000.00 Feb 6, 2003 4:26 pm Prepared by Roosevelt & Cross, Inc.76 (Finance 4.430 nyt:TOMPKINS-38_95A,3B_95A) Page 1 February 18, 2003 SUMMARY OF REFUNDING RESULTS COUNTY OF TOMPKINS, NEW YORK BREAKOUT OF 1995 A BONDS REFUNDING OF 1995 SERIES A (08115/2003 - 2010) REFUNDING OF 1995 SERIES B (09/15/2003.2014) INSURED Dated Date 03/12/2003 Delivery Date 03/12/2003 Arbitrage yield 3.168951% Escrow yield 1.153001% Bond Par Amount 2,720,000.00 True Interest Cost 2.728697% Net Interest Cost 2.676980% All -In TIC 2.935104% Average Coupon 2.558944% Average Life 4.067 Par amount of refunded bonds 2,580,000.00 Average coupon of refunded bonds 5.258150% Average life of refunded bonds 4.185 PV of prior debt to 03/12/2003 © 3.121901% 2,800,332.59 Net PV Savings 139,306.16 Percentage savings of refunded bonds 5.399464% Percentage savings of refunding bonds 5.121550% Feb 6, 2003 4:26 pm Prepared by Roosevelt & Cross, Inc. 77 (Finance 4.430 nyt:TOMPKINS-38 95A,3B_95A) Page 2 February 18, 2003 SAVINGS COUNTY OF TOMPKINS, NEW YORK BREAKOUT OF 1995 A BONDS REFUNDING OF 1995 SERIES A (08/15/2003 - 2010) REFUNDING OF 1995 SERIES B (09/1512003 - 2014) INSURED Present Value Prior Refunding Annual to 03/12/2003 Date Debt Service Debt Service Savings Savings @ 3.1219010% 08/15/2003 336,742.50 319,332.31 17,410.19 12/31/2003 02/15/2004 59,992.50 27,151.25 32,841.25 08/15/2004 339,992.50 352.151.25 -12,158.75 12/31/2004 02/15/2005 52,992.50 25,363.75 27,628.75 08/15/2005 352,992.50 360,363.75 -7,371.25 12/3112005 02/15/2006 45,492.50 23,018.75 22,473.75 08/15/2006 355,492.50 358,018.75 -2,526.25 12/31/2006 02/15/2007 37,742.50 20,003.75 17,738.75 08/15/2007 367,742.50 365,003.75 2,738.75 12/31/2007 02/15/2008 29,162.50 16,208.75 12,953.75 08/15/2008 379,162.50 371,208.75 7,953.75 12/31/2008 02/15/2009 19,887.50 11,505.00 8,382.50 08/15/2009 379,887.50 371,505.00 8,382.50 12/31/2009 02/15/2010 10,212.50 6,105.00 4,107.50 08/15/2010 390,212.50 376,105.00 14,107.50 12/31/2010 17,410.19 20,682.50 20,257.50 19,947.50 20,477.50 20,907.50 16,765.00 18,215.00 17,182.48 31,913.55 -11,633.69 26,029.34 -6,837.80 20,526.93 -2,271.95 15,707.89 2,387.92 11,120.82 6,723.36 6,976.88 6,869.65 3,314.45 11,208.76 3,157,707.50 3.003,044.81 154,662.69 154,662.69 139,218.63 Savings Summary PV of savings from cash flow Plus: Refunding funds on hand 139,218.63 87.53 Net PV Savings 139,306.16 Feb 6, 2003 4:26 pm Prepared by Roosevelt & Cross, Inc. 78 (Finance 4.430 nyt:TOMPKINS-3B_95A,3B_95A) Page 3 February 18, 2003 DETAILED BOND DEBT SERVICE COUNTY OF TOMPKINS, NEW YORK BREAKOUT OF 1995 A BONDS REFUNDING OF 1995 SERIES A (08/15/2003 - 2010) REFUNDING OF 1995 SERIES B (09/15/2003 - 2014) INSURED Serial Bonds (SERI) Pew Annual Ending Principal Coupon Interest Debt Service Debt Service 03/12/2003 08/15/2003 295,000 1.000% 24,332.31 319,332.31 12/31/2003 02/15/2004 27,151.25 27,151.25 08/15/2004 325,000 1.100% 27,151.25 352,151.25 12/31/2004 02/15/2005 25,363.75 25,363.75 08/15/2005 335,000 1.400% 25,363.75 360,363.75 12/31/2005 02/15/2006 23,018.75 23,018.75 08/15/2006 335,000 1.800% 23,018.75 358,018.75 12/31/2006 02/15/2007 20,003.75 20,003.75 08/15/2007 345,000 2.200% 20,003.75 365,003.75 12/31/2007 02/15/2008 16,208.75 16,208.75 08/15/2008 355,000 2.650% 16,208.75 371,208.75 12/31/2008 02/15/2009 11,505.00 11,505.00 08/15/2009 360,000 3.000% 11,505.00 371,505.00 12/31/2009 02/15/2010 6,105.00 6,105.00 08/15/2010 370,000 3.300% 6,105.00 376,105.00 12/31/2010 319,332.31 379,302.50 385,727.50 381,037.50 385,007.50 387,417.50 83,010.00 382,210.00 2,720,000 283,044.81 3.003,044.81 3,003,044.81 Feb 6, 2003 4:26 pm Prepared by Roosevelt & Cross, Inc. 79 (Finance 4.430 nyt:TOMPKINS-38_95A,3B_95A) Page 4 Bond Component February 18, 2003 BOND PRICING COUNTY OF TOMPKINS, NEW YORK BREAKOUT OF 1995 A BONDS REFUNDING OF 1995 SERIES A (08/15/2003 - 2010) REFUNDING OF 1995 SERIES B (09/15/2003 - 2014) INSURED Maturity Date Amount Rate Yield Price Serial Bonds: 08/15/2003 295,000 1.000% 1.000% 100.000 08/15/2004 325,000 1.100% 1.100% 100.000 08/15/2005 335,000 1.400% 1.400% 100.000 08/15/2006 335,000 1.800% 1.800% 100.000' 08/15/2007 345,000 2.200% 2.200% 100.000 08/15/2008 355,000 2.650% 2.650% 100.000 08/15/2009 360,000 3.000% 3.000% 100.000 08/15/2010 370,000 3.300% 3.300% 100.000 2,720,000 Dated Date 03/12/2003 Delivery Date 03/12/2003 First Coupon 08/15/2003 Par Amount Original Issue Discount Production Underwriters Discount Purchase Price Accrued Interest Net Proceeds 2,720,000.00 2,720,000.00 100.000000% -13,056.00 -0.480000% 2,706,944.00 99.520000% 2,706,944.00 Feb 6, 2003 4:26 pm Prepared by Roosevelt & Cross, Inc.80 (Finance 4.430 nyt:TOMPKINS-3B 95A,3B_95A) Page 5 Bond February 18, 2003 SUMMARY OF BONDS REFUNDED COUNTY OF TOMPKINS, NEW YORK BREAKOUT OF 1995 A BONDS REFUNDING OF 1995 SERIES A (08/15/2003 - 2010) REFUNDING OF 1995 SERIES B (09/15/2003 - 2014) INSURED Maturity Date Interest Rate Par Cali Amount Date Cali Price Public Improvement Serial Bonds, 1995 BONDS 08/15/2003 08/15/2004 08/15/2005 08/15/2006 08/15/2007 08/15/2008 08/15/2009 08/15/2010 Series A, 1995k 5.000% 5.000% 5.000% 5.000% 5.200% 5.300% 5.375% 5.375% 270,000.00 280,000.00 300,000.00 310,000.00 330,000.00 350,000.00 360,000.00 380,000.00 08/15/2003 102.000 08/15/2003 102.000 08/15/2003 102.000 08/15/2003 102.000 08/15/2003 102.000 08/15/2003 102.000 08/15/2003 102.000 2,580,000.00 Feb 6, 2003 4:26 pm Prepared by Roosevelt & Cross, Inc.81 (Finance 4.430 nyt:TOMPKINS-313_95A,38_95A) Page 6 February 18, 2003 PRIOR BOND DEBT SERVICE COUNTY OF TOMPKINS, NEW YORK BREAKOUT OF 1995 A BONDS REFUNDING OF 1995 SERIES A (08115/2003 - 2010) REFUNDING OF 1995 SERIES B (09/1512003 - 2014) INSURED Period Annual Ending Principal Coupon Interest Debt Service Debt Service 03/12/2003 08/15/2003 270,000 5.000% 66,742.50 336,742.50 12/31/2003 02/15/2004 59,992.50 59,992.50 08/15/2004 280.000 5.000% 59,992.50 339,992.50 12/31/2004 02/15/2005 52,992.50 52,992.50 08/15/2005 300,000 5.000% 52,992.50 352,992.50 12/31/2005 02/15/2006 45.492.50 45,492.50 08/15/2006 310,000 5.000% 45,492.50 355,492.50 12/31/2006 02/15/2007 37,742.50 37,742.50 08/15/2007 330,000 5.200% 37,742.50 367,742.50 12/31/2007 02/15/2008 29,162.50 29,162.50 08/15/2008 350,000 5.300% 29,162.50 379,162.50 12/31/2008 02/15/2009 19,887.50 19,887.50 08/15/2009 360,000 5.375% 19,887.50 379,887.50 12/31/2009 02/15/2010 10,212.50 10,212.50 08/15/2010 380,000 5.375% 10,212.50 390,212.50 12/31/2010 336,742.50 399,985.00 405,985.00 400,985.00 405,485.00 408,325.00 399,775.00 400,425.00 2,580,000 577,707.50 3,157,707.50 3,157,707.50 Feb 6, 2003 4:26 pm Prepared by Roosevelt & Cross, Inc.82 (Finance 4.430 nyt:TOMPKINS-3B_95A,36_95A) Page 7 February 18, 2003 SOURCES AND USES OF FUNDS COUNTY OF TOMPKINS, NEW YORK BREAKOUT OF 1995 B BONDS REFUNDING OF 1995 SERIES A (08/15/2003 - 2010) REFUNDING OF 1995 SERIES B (09/15/2003 - 2014) INSURED Dated Date 03/12/2003 Delivery Date 03/12/2003 Sources: Bond Proceeds: Par Amount 7,645,000.00 7,645,000.00 Uses: Refunding Escrow Deposits: Cash Deposit PV cost of cashflows Delivery Date Expenses: Cost of Issuance Underwriters Discount Insurance Premium (20 Basis Points) 18.39 7,528,953.24 7,528,971.63 58,986.00 36,696.00 18,390.51 114,072.51 Other Uses of Funds: Additional Proceeds 1,955.86 7,645,000.00 Feb 6, 2003 4:27 pm Prepared by Roosevelt & Cross, Inc. (Finance 4.430 nyt:TOMPKINS-313_9513,313_95B) Page 1 83 February 18, 2003 SUMMARY OF REFUNDING RESULTS COUNTY OF TOMPKINS, NEW YORK BREAKOUT OF 1995 B BONDS REFUNDING OF 1995 SERIES A (08/15/2003 - 2010) REFUNDING OF 1995 SERIES B (09/15/2003 - 2014) INSURED Dated Date 03/12/2003 Delivery Date 03/12/2003 Arbitrage yield 3.168951% Escrow yield 1.153002% Bond Par Amount 7,645,000.00 True Interest Cost 3.396754% Net Interest Cost 3.373679% All -In TIC 3.541421% Average Coupon 3.295667% Average Life 6.153 Par amount of refunded bonds 7,055,000.00 Average coupon of refunded bonds 5.529162% Average life of refunded bonds 6.649 PV of prior debt to 03/12/2003 © 3.121901% 8,229,467.62 Net PV Savings 527,537.44 Percentage savings of refunded bonds 7.477497% Percentage savings of refunding bonds 6.900424% Feb 6, 2003 4:27 pm Prepared by Roosevelt & Cross, Inc. (Finance 4.430 nyt:TOMPKINS-3B 95B,3B_95B) Page 2 84 February 18, 2003 SAVINGS COUNTY OF TOMPKINS, NEW YORK BREAKOUT OF 1995 B BONDS REFUNDING OF 1995 SERIES A (08/15/2003 - 2010) REFUNDING OF 1995 SERIES 8 (09/15/2003 - 2014) INSURED Present Value Prior Refunding Annual to 03/12/2003 Date Debt Service Debt Service Savings Savings © 3.1219010% 03/15/2003 192,237.50 192,237.50 08/15/2003 762,590.38 -762,590.38 09/15/2003 622,237.50 622,237.50 12/31/2003 02/15/2004 99,672.50 -99,672.50 03/15/2004 180,950.00 180,950.00 08/15/2004 664,672.50 -664,672.50 09/15/2004 635,950.00 635,950.00 12/31/2004 02/15/2005 96,565.00 -96,565.00 03/15/2005 169,006.25 169,006.25 08/15/2005 666,565.00 -666,565.00 09/15/2005 649,006.25 649,006.25 12/31/2005 02/15/2006 92,575.00 -92,575.00 03/15/2006 156,406.25 156,406.25 08/15/2006 672,575.00 -672,575.00 09/15/2006 661,406.25 661,406.25 12/31/2006 02/15/2007 87,355.00 -87,355.00 03/15/2007 143,150.00 143,150.00 08/15/2007 672,355.00 -672,355.00 09/15/2007 673,150.00 673,150.00 12/31/2007 02/15/2008 80,920.00 -80,920.00 03/15/2008 129,237.50 129,237.50 08/15/2008 685,920.00 -685,920.00 09/15/2008 689,237.50 689,237.50 12/31/2008 02/15/2009 72,903.75 -72,903.75 03/15/2009 114,117.50 114,117.50 08/15/2009 692,903.75 -692,903.75 09/15/2009 704,117.50 704,117.50 12/31/2009 02/15/2010 63,603.75 -63,603.75 03/15/2010 98,187.50 98,187.50 08/15/2010 703,603.75 -703,603.75 09/15/2010 723,187.50 723,187.50 12/31/2010 02/15/2011 53,043.75 -53,043.75 03/15/2011 81,000.00 81,000.00 08/15/2011 713,043.75 -713,043.75 09/15/2011 741,000.00 741,000.00 12/31/2011 02/15/2012 41,328.75 -41,328.75 03/15/2012 62,437.50 62,437.50 08/15/2012 731,328.75 -731,328.75 09/15/2012 762,437.50 762,437.50 12/31/2012 02/15/2013 28,563.75 -28,563.75 03/15/2013 42,750.00 42,750.00 08/15/2013 743,563.75 -743,563.75 09/15/2013 782,750.00 782,750.00 12/31/2013 02/15/2014 14,800.00 -14,800.00 51,884.62 52,555.00 54,882.50 52,662.50 56,590.00 51,635.00 52,427.50 54,167.50 55,912.50 52,217.50 53,372.50 192,187.88 -752,616.23 612,515.82 -96.856.96 175,385.21 -635,969.74 606,918.80 -90,974.93 158,812.11 -618,326.32 600,486.13 -84.555.56 142,489.04 -604,870.55 593,292.54 -77.353.99 126,434.38 -586,228.38 585,408.37 -69,470.00 110,664.64 -579,813.28 581,115.50 -60,678.91 94.736.88 -567,850.60 575,552.82 -51,323.60 79,025.91 -559,030.89 573,109.29 -41,496.85 63,204.03 -549,250.33 569,313.17 -31,345.82 47,233.68 -546.151.69 567,915.55 -21,003.38 31,353.71 -538.350.76 565,261.06 -10,550.72 Feb 6, 2003 427 pm Prepared by Roosevelt & Cross, Inc. 85 (Finance 4.430 nytTOMPKINS-3B 95B,3B_95B) Page 3 February 18, 2003 SAVINGS COUNTY OF TOMPKINS, NEW YORK BREAKOUT OF 1995 B BONDS REFUNDING OF 1995 SERIES A (08/15/2003 - 2010) REFUNDING OF 1995 SERIES B (09/15/2003 - 2014) INSURED Present Value Prior Refunding Annual to 03/12/2003 Date Debt Service Debt Service Savings Savings (a) 3.1219010% 03/15/2014 21,937.50 21,937.50 08/15/2014 754,800.00 -754,800.00 09/15/2014 801,937.50 801,937.50 12/31/2014 54,275.00 15,598.63 -529,816.53 561,452.48 9,837,835.00 9,195,252.88 642,582.12 642,582.12 525,581.58 Savings Summary PV of savings from cash flow Plus: Refunding funds on hand 525,581.58 1,955.86 Net PV Savings 527,537.44 Feb 6, 2003 4:27 pm Prepared by Roosevelt & Cross, Inc.86 (Finance 4.430 nyt:TOMPKINS-3B_95B,3B_95B) Page 4 February 18, 2003 DETAILED BOND DEBT SERVICE COUNTY OF TOMPKINS, NEW YORK BREAKOUT OF 1995 B BONDS REFUNDING OF 1995 SERIES A (08/1512003 - 2010) REFUNDING OF 1995 SERIES B (09/15/2003 - 2014) INSURED Serial Bonds (SERI1 Period Annual Ending Prindpal Coupon Interest Debt Service Debt Service 03/12/2003 08/15/2003 675.000 1.000% 87,590.38 762,590.38 12/31/2003 02/15/2004 99,672.50 99,672.50 08/15/2004 565,000 1.100% 99,672.50 664,672.50 12/31/2004 02/15/2005 96,565.00 96,565.00 08/15/2005 570,000 1.400% 96,565.00 666,565.00 12/31/2005 02/15/2006 92,575.00 92,575.00 08/15/2006 580,000 1.800% 92,575.00 672,575.00 12/31/2006 02/15/2007 87,355.00 87,355.00 08/15/2007 585,000 2.200% 87,355.00 672,355.00 12/31/2007 02/15/2008 80,920.00 80,920.00 08/15/2008 605,000 2.650% 80,920.00 685,920.00 12/31/2008 02/15/2009 72,903.75 72,903.75 08/15/2009 620,000 3.000% 72,903.75 692,903.75 12/31/2009 02/15/2010 63,603.75 63,603.75 08/15/2010 640,000 3.300% 63,603.75 703,603.75 12/31/2010 02/15/2011 53,043.75 53,043.75 08/15/2011 660,000 3.550% 53,043.75 713,043.75 12/31/2011 02/15/2012 41,328.75 41,328.75 08/15/2012 690,000 3.700% 41,328.75 731,328.75 12/31/2012 02/15/2013 28,563.75 28,563.75 08/15/2013 715,000 3.850% 28,563.75 743,563.75 12/31/2013 02/15/2014 14,800.00 14,800.00 08/15/2014 740,000 4.000% 14,800.00 754,800.00 12/31/2014 762,590.38 764,345.00 763,130.00 765,150.00 759,710.00 766,840.00 765,807.50 767,207.50 766,087.50 772,657.50 772,127.50 769,600.00 7,645,000 1,550,252.88 9,195,252.88 9,195,252.88 Feb 6, 2003 4:27 pm Prepared by Roosevelt & Cross, Inc. 87 (Finance 4.430 nyt:TOMPKINS-36 956,3B_95B) Page 5 Bond Component February -18, 2003 BOND PRICING COUNTY OF TOMPKINS, NEW YORK BREAKOUT OF 1995 B BONDS REFUNDING OF 1995 SERIES A (0811512003 - 2010) REFUNDING OF 1995 SERIES B (09/15/2003 - 2014) INSURED Maturity Date Amount Rate Yield Price Serial Bonds: 08/15/2003 675,000 1.000% 1.000% 100.000 08/15/2004 565,000 1.100% 1.100% 100.000 08/15/2005 570,000 1.400% 1.400% 100.000 08/15/2006 580,000 1.800% 1.800% 100.000 08/15/2007. 585,000 2.200% 2.200% 100.000 08/15/2008 605,000 2.650% 2.650% 100.000 08/15/2009 620,000 3.000% 3.000% 100.000 08/15/2010 640,000 3.300% 3.300% 100.000 08/15/2011 660,000 3.550% 3.550% 100.000 08/15/2012 690,000 3.700% 3.700% 100.000 08/15/2013 715,000 3.850% 3.850% 100.000 08/15/2014 740,000 4.000% 4.000% 100.000 7,645,000 Dated Date 03/12/2003 Delivery Date 03/1212003 First Coupon 08/15/2003 Par Amount 7,645,000.00 Original Issue Discount Production 7,645,000.00 100.000000% Underwriter's Discount -36,696.00 -0.480000% Purchase Price 7,608,304.00 99.520000% Accrued Interest Net Proceeds 7,608,304.00 Feb 6, 2003 4:27 pm Prepared by Roosevelt & Cross, Inc. 88 (Finance 4.430 nyt:TOMPKINS-3B_95B,3B_95B) Page 6 Bond February 18, 2003 SUMMARY OF BONDS REFUNDED COUNTY OF TOMPKINS, NEW YORK BREAKOUT OF 1995 B BONDS REFUNDING OF 1995 SERIES A (08/15/2003 - 2010) REFUNDING OF 1995 SERIES B (09/15/2003 - 2014) INSURED Maturity Date Interest Rate Par Call Amount Date CaII Price Public Improvement Serial Bonds, 1995 SERIALS 09/15/2003 09/15/2004 09/15/2005 09/15/2006 09/152007 09/15/2008 09/15/2009 09/15/2010 09/152011 09/152012 09/152013 09/15/2014 Series B, 1995B: 5.250% 5.250% 5.250% 5.250% 5.250% 5.400% 5.400% 5.500% 5.625% 5.625% 5.625% 5.625% 430,000.00 455,000.00 09/15/2003 102.000 480,000.00 09/15/2003 102.000 505,000.00 09/15/2003 102.000 530,000.00 09/15/2003 102.000 560,000.00 09/15/2003 102.000 590,000.00 09/15/2003 102.000 625,000.00 09/15/2003 102.000 660,000.00 09/15/2003 102.000 700,000.00 09/15/2003 102.000 740,000.00 09/15/2003 102.000 780,000.00 09/15/2003 102.000 7,055,000.00 Feb 6, 2003 4:27 pm Prepared by Roosevelt & Cross, Inc.89 (Finance 4.430 nyt:TOMPKINS-38_958,38_958) Page 7 February 18, 2003 PRIOR BOND DEBT SERVICE COUNTY OF TOMPKINS, NEW YORK BREAKOUT OF 1995 B BONDS REFUNDING OF 1995 SERIES A (08/15/2003 - 2010) REFUNDING OF 1995 SERIES B (09/15/2003 - 2014) INSURED Period Annual Ending Principal Coupon Interest Debt Service Debt Service 03/12/2003 03/15/2003 192,237.50 192,237.50 09/15/2003 430,000 5.250% 192,237.50 622,237.50 12/31/2003 03/15/2004 180.950.00 180,950.00 09/15/2004 455,000 5.250% 180,950.00 635,950.00 12/31/2004 03/15/2005 169,006.25 169,006.25 09/15/2005 480,000 5.250% 169,006.25 649,006.25 12/31/2005 03/15/2006 156,406.25 156,406.25 09/15/2006 505,000 5.250% 156,406.25 661,406.25 12/312006 03/15/2007 143,150.00 143,150.00 09/15/2007 530,000 5.250% 143,150.00 673,150.00 12/31/2007 03/152008 129,237.50 129,237.50 09/15/2008 560,000 5.400% 129,237.50 689,237.50 12/31/2008 03/15/2009 114,117.50 114,117.50 09/15/2009 590.000 5.400% 114,117.50 704,117.50 12/31/2009 03/15/2010 98,187.50 98,187.50 09/15/2010 625,000 5.500% 98,187.50 723,187.50 12/31/2010 03/1512011 81,000.00 81,000.00 09/15/2011 660,000 5.625% 81,000.00 741,000.00 12/31/2011 03/15/2012 62,437.50 62,437.50 09/15/2012 700,000 5.625% 62,437.50 762,437.50 12/31/2012 03/152013 42,750.00 42,750.00 09/152013 740,000 5.625% 42,750.00 782,750.00 12/312013 03/15/2014 21,937.50 21,937.50 09/15/2014 780,000 5.625% 21,937.50 801,937.50 12/31/2014 814,475.00 816,900.00 818,012.50 817,812.50 816,300.00 818,475.00 818,235.00 821,375.00 822,000.00 824,875.00 825,500.00 823,875.00 7,055,000 2,782,835.00 9,837,835.00 9,837,835.00 Feb 6, 2003 4:27 pm Prepared by Roosevelt & Cross, Inc. 90 (Finance 4.430 nyt:TOMPKINS-313_9513,313_95B) Page 8 February 18, 2003 RESOLUTION NO. 28 - FISCAL TARGET ADJUSTMENTS FOR 2004 — EARLY RETIREMENTS APPROVED FOR 2002 — ALL DEPARTMENTS MOVED by Mr. Penniman, seconded by Mrs. Schuler. A voice vote resulted as follows: Ayes - 12, Noes - 1 (Representative Booth); Excused - 2 (Representatives McBean and Winch). RESOLUTION ADOPTED. WHEREAS, Resolution Nos. 209, 211, 222, 234, 250, 251, 280, 292, 293, 297, and 320 of 2002 authorized Early Retirements for the following individuals: Bob Hillick (Personnel) Sharon Haas (Health Department) John Beach (STOP -DWI) Judy Tynyk (Weights & Measures) Lynn Leopold (Solid Waste) Mary Pat Dolan (Social Services) Ann Rider (Social Services) Joan Brock (Social Services) Mary Barnes (Social Services) Michel Kelly (Social Services) Bill Chapp (Social Services) Patricia Stamm (Health Department) Harold Herman (Probation) Shary Zifchock (Elections) Carol Boles (Elections) Ellen Brazauskas (Health Department) Sue Robinson (Probation) , and WHEREAS, departmental savings and in the case of the Board of Elections and Probation Department countywide savings in personnel expenses will compensate for the required annual savings of $362,952 each year for two years, and WHEREAS, the cost of the Early Retirement Incentive will be paid on or about December 15, 2003 from the Fringe Pool for approximately $535,592, and WHEREAS, pursuant to the County's policy on the Early Retirement Incentive Plan, a reduction in Fiscal Targets and/or departmental savings equal to 20 percent of the State Minimum is due to the General Fund, the Solid Waste Fund, and the STOP -DWI Fund, and WHEREAS, the Solid Waste Fund and the STOP -DWI fund will be compensated through a reduction in spending, and WHEREAS, the General Fund Savings will be accomplished through a reduction in the 2004 Fiscal Target, now therefore be it RESOLVED, on recommendation of the Health and Human Services, Public Safety, Public Works, and Budget and Capital Committees, That the following Target adjustments be made for Fiscal Year 2004: Personnel $1,540 Public Health 8,078 Weights and Measures 1,225 Social Services 11,800 Probation 5,624 Board of Elections 6,218 TOTAL $34,485 SEQR ACTION: TYPE II -20 91 February 18, 2003 RESOLUTION NO. 29 - BUDGETING UNIT RECONFIGURATION AND FISCAL TARGET ADJUSTMENT — OFFENDER AID AND RESTORATION, COMMUNITY DISPUTE RESOLUTION CENTER AND HUMAN SERVICES COALITION MOVED by Mr. Penniman, seconded by Ms. Herrera, and unanimously adopted by voice vote by members present. WHEREAS, the Criminal Justice agencies known as Offender Aid and Restoration and Community Dispute Resolution Center are currently assigned as part of the Human Services Coalition review process, and WHEREAS, the Coalition agencies report to the Health and Human Services Committee with the exception of two that continue to report directly to the Public Safety Committee: Offender Aid and Restoration and Community Dispute Resolution Center, now therefore be it RESOLVED, on recommendation of the Public Safety, Health and Human Services, and Budget and Capital Committees, That effective immediately, the following Budgeting Units will be re -assigned to the Public Safety Committee and be removed from the Basic Subsistence Program, RESOLVED, further, That Community Dispute Resolution Center will no longer be included in the Human Services Coalition review process, RESOLVED, further, That 2004 Fiscal Targets be amended as follows: TRANSFER FROM: Health and Human Services - Basic Subsistence Program: Offender Aid and Restoration (OAR) — BU#2500 (A6305.54400) = $62,175 Offender Aid and Restoration (OAR) — Bail Fund — BU#2500 (A6316.54400) = $59,786 Community Dispute Resolution Center (CDRC) — BU#2500 (A6313.54400) = $40,080 TRANSFER TO: Public Safety: Alternative to Incarceration Agencies: Offender Aid and Restoration — Core Services A6315.54400 — BU#4506 $62,175 Offender Aid and Restoration — Bail Fund A6316.54400 — BU#4509 $59,786 Community Dispute Resolution Center (CDRC) A6313.54400 — BU#4504 $40,080 SEQR ACTION: TYPE II -20 RESOLUTION NO. 30 - BUDGETING UNIT RECONFIGURATION AND FISCAL TARGET ADJUSTMENT — CELEBRATIONS, COMMUNITY ARTS PARTNERSHIP AND DEWITT HISTORICAL SOCIETY MOVED by Mr. Penniman, seconded by Mr. Booth. It was MOVED by Ms. Kiefer, seconded by Mr. Booth, to amend the third Resolved to read: "Resolved, further, That the Community Arts Partnership, will become Program #0210 (A7560) with a Fiscal Target of zero dollars and will be absorbed into the Tourism Promotion Program #3100 (A6475),". Ms. Kiefer said the reason she would like to see this is because it took a very long to time to get the Community Arts Partnership running at a level that was acceptable to her and she would like it to remain in the County's budget with a distinct identity. Mr. Penniman said there are a number of agencies that have contracts with the County and doesn't feel this action is necessary. A voice vote on the amendment resulted as follows: Ayes - 6 (Representatives Booth, Herrera, Kiefer, Koplinka-Loehr, Robertson, and Schuler); Noes - 6 (Representatives Blanchard, Joseph, Lane, Penniman, Todd, and Totman); Temporarily Out of the Room - 1 (Representative Proto); Excused - 2 (Representatives McBean and Winch). MOTION FAILED. 92 February 18, 2003 A voice vote on the original motion resulted as follows: Ayes - 12; Noes - 1 (Representative Kiefer); Excused - 2 (Representatives McBean and Winch). RESOLUTION ADOPTED. WHEREAS, the Dewitt Historical Society, Celebrations, and Community Arts Partnership have been three programs within one budgeting unit, and WHEREAS, the 2003 committee structure has been modified requiring the three programs to report to two different program committees, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality, and Budget and Capital Committees, That effective immediately, the Budgeting Unit known as Cultural Enrichment shall be eliminated, RESOLVED, further, That the Dewitt Historical Society will become Program #0200 with its own Fiscal Target for 2004, RESOLVED, further, That the Community Arts Partnership, Program #0210 (A7560) will be absorbed into the Tourism Promotion Program #3100 (A6475) with a Fiscal Target of zero dollars, RESOLVED, further, That Celebrations will become Program #0205 with its own Fiscal Target for 2004, RESOLVED, further, That 2004 Fiscal Targets be amended as follows: TRANSFER FROM: 2002 Committee (Economic and Workforce Development) Cultural Enrichment $78,399 TRANSFER TO: Planning, Development and Environmental Quality: Celebrations BU#0205 (A7550) Local Share $ 1,226 Consumer and Community Affairs: Dewitt Historical Society BU#0200 (A7510) Local Share $77,173 SEQR ACTION: TYPE II -20 RESOLUTION NO. 31- AMENDMENT OF RESOLUTION NO. 1 OF 2003 - AUTHORIZING APPLICATION FOR NEW YORK STATE DEDICATED TRANSIT FUNDING FOR TOMPKINS CONSOLIDATED AREA TRANSIT IN STATE FISCAL YEAR 2002/2003 MOVED by Mr. Penniman, seconded by Mrs. Schuler, and unanimously adopted by voice vote by members present. WHEREAS, the Governor of the State of New York awarded a grant of State Dedicated Transportation Funds in the amount of $669,000 for State Fiscal Year 2002/2003 to purchase buses and improve transit facilities in Tompkins County, and WHEREAS, the Tompkins Consolidated Area Transit (TCAT) Board of Directors desire to revise its request to Tompkins County (County Resolution No. 1 of 2003, January 7, 2003) to apply for $669,000 in State Dedicated funds on its behalf and to plan and make public improvements to Tompkins Consolidated Area Transit public transportation system, and WHEREAS, the revised $669,000 State Dedicated Transportation Fund grant will reimburse one hundred percent of the cost of proposed projects as follows: Purchase and install up to (12) bus passenger shelters $ 57,000 Rehabilitate and Renovate TCAT Administration/Operations Facility $310,000 TCAT City Center Project: A/E design, Project Schedule, Cost Analysis, $130,000 Environmental Review, Project Management Plan, and Technology Integration Purchase ADP Hardware/Software $ 47,000 Purchase TCAT Facility Sweeper/Cleaner $ 38,000 Purchase TCAT Journey Planning Software $ 54,000 93 February 18, 2003 Purchase TCAT Bus Stop Signs Purchase Fuel and Fluids Inventory Management System TOTAL $ 5,000 $ 28,000 $669,000 , now therefore be it RESOLVED, on recommendation of the Budget and Capital Committee, That the Tompkins County Board of Representatives authorizes the application for $669,000 in State Fiscal Year 2002/2003 State Dedicated Transportation Funds to the New York State Department of Transportation for the above listed projects, RESOLVED, further, That Tompkins Consolidated Area 'Transit will be reimbursed one hundred percent by New York State Department of Transportation funds, which are received by Tompkins County and passed through to Tompkins Consolidated Area Transit, RESOLVED, further, That Tompkins County will accept these State funds through a supplemental contract agreement with the New York State Department of Transportation after New York State Department of Transportation's approval of the grant application. SEQR ACTION: TYPE II -20 Report from the Health and Human Services Committee Ms. Robertson, Chair, reported the Committee met on February 6 and received an overview from the New York State Association of Counties of what the Governor's proposed budget means for the Medicaid program. The Committee also met with the Executive Director of the SPCA to discuss proposals; the Committee directed the SPCA and the Health Department to work together to refine details for Plan A. She said Plan A is a proposal to bundle the services the SPCA provides to the County, including the feral cat program, animal cruelty, and rabies contract, into one contract at a cost of $36,000 per year. This would be a three-year contract with the amount to be increased by the CPI over the second and third year. This amount is a net increase of $10,000 above the amount appropriated in the 2003 budget. Ms. Robertson reported on small pox costs for phase one of the vaccination program and said the approximate cost was $63,000. There is no reimbursement from federal sources for phase one or two of the program; however, it may be possible to put it through the County's bioterrorism grant. She also reported the Committee spent time with the Youth Services Department talking about issues for 2003; the major issue will likely be the relationship between the County and municipalities. Ms. Robertson said a meeting was held with the City, town and County representatives to discuss the facilities issues and those meetings will continue. She distributed a tentative calendar for the Committee which highlights topics the Committee will be discussing throughout the year. The next meeting will be February 20th• Report and Presentation of Resolution(s) from the Public Safety Committee Ms. Blanchard, Chair, reported the Committee held its organizational meeting on February 6. At that meeting the Committee learned from the Assigned Counsel Program that the Governor's Budget includes an increase in Assigned Counsel rates to $75/hour for felonies and $60/hour for misdemeanors. The Program Coordinator told the Committee it is unclear what this means to Tompkins County; however, she expects a dramatic increase in the local cost of that program. Ms. Blanchard said the Committee also heard from the Probation Director on the new administration of the Community Justice Center and was introduced to Patricia Buechel, Senior Probation Officer, who is charged with oversight of that operation. Ms. Blanchard presented the Committee with a draft list of goals, which were discussed and commented on. That document will be revised and presented for continued discussion at the first meeting in March. The Committee will meet on February 20th with representatives of Jacobs Facilities for the purpose of identifying the contents of the Scope of Work so that can move forward. She asked 94 February 18, 2003 members to read through material included in agenda packets prior to that meeting and be prepared with questions and comments. RESOLUTION NO. 32 - APPROPRIATION FROM CONTINGENT FUND FOR REPLACEMENT PAY AT THE PROBATION DEPARTMENT MOVED by Ms. Blanchard, seconded by Ms. Herrera. A short roll call vote resulted as follows: Ayes - 13, Noes - 0, Excused - 2 (Representatives McBean and Winch). RESOLUTION ADOPTED. WHEREAS, the Probation Department has had two 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 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 $8,153 for replacement pay for the period of January 1, 2002 through December 31, 2002, RESOLVED, further, That the money be distributed to the following accounts: FROM: A1990.54440 Contingent Fund $8,153 TO: Alternatives to A3141.51000597 Regular Pay $4,601 Incarceration A3141.58800 Fringes $1,196 ATI A3162.51000597 Regular Pay $1,870 A3162.58800 Fringes $ 486 SEQR ACTION: TYPE II -20 RESOLUTION NO. 33 - APPROPRIATION FROM CONTINGENT FUND FOR TERMINAL PAY AT THE PROBATION DEPARTMENT MOVED by Ms. Blanchard, seconded by Ms. Herrera. A short roll call vote resulted as follows: Ayes - 13, Noes - 0, Excused - 2 (Representatives McBean and Winch). RESOLUTION ADOPTED. WHEREAS, the Probation Department had two employees, Harold Herman and Sue Robinson, retire effective December 31, 2002 at a cost of $23,588, for terminal pay, and WHEREAS, the Probation Department had the employment of three employees terminated, Beth Stanton effective July 12, 2002, Daryl Avery, and Becky Richmond, effective December 31, 2002 at a cost of $8,523, for terminal pay, and WHEREAS, the Fiscal Policy of Tompkins County allows for terminal pay replacement from the Contingent Fund, 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 $32,111 for terminal pay for Harold Herman, Sue Robinson, Beth Stanton, Daryl Avery, and Becky Richmond, RESOLVED, further, That the money be distributed to the following accounts: FROM: TO: ATI A1990.54440 A3160.51000756 A3160.51000191 A3160.58800 Criminal Justice A3991.51000185 Planning A3991.58800 Probation Intake/ A3142.51000585 Investigation A3142.51000520 A3142.58800 Alternatives to A3141.51000520 Incarceration A3141.58800 Contingent Fund Regular Pay Regular Pay Fringes Regular Pay Fringes Regular Pay Regular Pay Fringes Regular Pay Fringes 95 $32,111 $ 519 (Avery) $ 3,106 (Richmond) $ 979 (27% of above) $ 7,958 (Robinson) $ 2,149 (27% of above) $10,615 (Herman) $ 2,488 (Stanton) $ 3,513(27% for Herman) (26% for Stanton) $ 622 (Stanton) $ 162 (26% of above) SEQR ACTION: TYPE II -20 February 18, 2003 Report and Presentation of Resolution(s) from the Tax Policy Committee Mr. Joseph, Chairman, reported the Committee met last week with a number of guests from various constituencies, including the Chamber of Commerce, school boards, town boards, unions, and others. There was an extensive discussion of the excess burden that is being placed on property taxes and a beginning of an exchange of ideas on how to deal with that. He said those in attendance expressed an interest in continuing to meet as well as discussion of whether this group should become a coalition rather than a committee. He said in order to form a coalition, groups would need to participate rather than individuals; therefore, they agreed to be a group of citizens who have share concerns. Mr. Joseph said they agreed to focus on the burden that is being placed on the property tax in general, and not just the costs of Medicaid, and will continue discussions at the next meeting on February 26, 2003. Mr. Joseph said postcards have been produced that request the State to place a cap on Medicaid; he urged all Board members to distribute these cards to the public. RESOLUTION NO. 34 - RELATIVE TO THE PROPOSED STATE AND LOCAL PARTNERSHIP FOR MEDICAID REFORM AND CALLING UPON THE GOVERNOR AND STATE LEGISLATURE TO CAP COUNTIES' SHARE OF MEDICAID MOVED by Mr. Proto, seconded by Mr. Lane. Mr. Booth said he enthusiastically supports this and will vote in favor of it with the understanding that the big issue remains of whether the State deals with Medicaid in conjunction with a lot of other issues. He agrees that the larger issue is the pressure on the local real property tax. A voice vote resulted as follows: Ayes - 13, Noes - 0, Excused - 2 (Representatives McBean and Winch). RESOLUTION ADOPTED. WHEREAS, since the enactment of the Medicaid program, counties in New York State have been required to share in the costs of service; Counties are mandated by the state to contribute a twenty-five percent matching share with the exception of certain long-term care and mental health services, and WHEREAS, counties have minimal authority to manage, control, or reduce their Medicaid costs, and therefore serve primarily as a means to transfer a portion of the State's share of Medicaid from the statewide tax base to local property tax bases, and WHEREAS, in 2001 local taxpayers paid over $4.3 billion in net Medicaid costs through their local budgets and it is estimated that the net Medicaid local share will increase to $4.8 billion for 2002, and exceed $5.4 billion in 2003, and WHEREAS, for counties outside New York City, the Medicaid local share has doubled between 1990 — 2001, making Medicaid the largest and most volatile single expense in county budgets, and WHEREAS, recent actions by the State, including shifting of Medicaid managed care costs to counties, the shifting of mental health costs to counties, the expansion of various Medicaid payment rates, the creation of the Family Health Plus Program and expanded funding for healthcare worker recruitment and retention, have compounded the local Medicaid problem and added to the fiscal crisis currently facing counties, and WHEREAS, the resurgence of Medicaid growth reflects the underlying problems and funding inequities of the Medicaid program that place unique burdens on counties, jeopardize the long-term fiscal stability of county governments, and add to the burden of regressive local property taxes, and WHEREAS, it is imperative that the Governor and State Legislature take responsibility for the growth of New York State's program by capping the Medicaid local share at 2001 base levels, and WHEREAS, this cap would provide local governments significant budgetary relief, and WHEREAS, the Chemung County Executive has initiated a group called Southern Tier Organization to Reform Medicaid ("STORM"), and WHEREAS, at the first meeting of "STORM", a concept for State and Local partnership for Medicaid Reform was introduced and accepted by the organization, and 96 February 18, 2003 WHEREAS, officials from Chemung, Steuben, Schuyler, Tompkins, and Tioga Counties were in attendance at the initial meeting, and WHEREAS, the partnership proposal calls for an immediate cap on counties' share of Medicaid at the 2003 actual cost and a ten (10) -year takeover of the cost by reducing the local share ten percent per year for ten (10) years thereafter, and WHEREAS, beginning in 2004, the State would retain an amount of the counties' sales tax equal to the amount of each county's capped Medicaid local share, however, commencing in 2005 that amount would be reduced ten percent per year until the local share is eliminated in 2014, and WHEREAS, the general concept is one that provides immediate limits to counties' financial exposure to future Medicaid cost increases, and WHEREAS, the concept also provides the State with a temporary revenue stream to fund the program while the ten (10) -year phased takeover is implemented, and WHEREAS, this will provide strong incentives for the State to reform the program in order to control costs, now therefore be it RESOLVED, on recommendation of the Tax Policy Committee, That the Tompkins County Board of Representatives calls upon the Governor and the State Legislature to provide real property taxpayers with relief by CAPPING COUNTIES' SHARE OF MEDICAID NOW at the 2001 base level, RESOLVED, further, That the Tompkins County Board of Representatives calls upon the Governor and the State Legislature to begin a gradual transfer of all Medicaid costs from County Budget to State Budget, RESOLVED, further, That copies of this proposal and certified copies of this resolution be forwarded to Governor George Pataki, Assembly Speaker Sheldon Silver, Majority Leader Joseph Bruno, Senator John R. Kuhl, Jr., Senator James Seward, Senator Michael Nozzolio, and Assemblyperson Barbara Lifton, and certified copies of this resolution only, be forwarded to the STORM member counties. SEQR ACTION: TYPE II -20 PROPOSED STATE AND LOCAL PARTNERSHIP FOR MEDICAID REFORM (Attachment to Resolution No. 34 of 2003) CONCEPT: BENEFITS: 1) "Cap" county Medicaid "Local Share" for 2004 at the actual 2003 level and then reduce the local share by 10 percent per year for ten (10) years thereafter. 2) Beginning in 2004, the state would retain an amount of county sales tax equal to the amount of each county's "capped" Medicaid Local Share. Those county's whose sales tax revenue is insufficient to cover the entire cost to their local share would be required to remit the difference to the state or to authorize the state to intercept other revenues due the county. 3) For the ten (10) year period beginning in 2005 and continuing annually until 2014 the state would reduce the amount of county sales tax and other revenue it retains by 10 percent of the original amount. 1) Immediately limits the financial exposure of the counties. 2) Provides the state with a temporary revenue stream. 3) Creates a strong incentive for the state to reform the program. 4) Gradually eliminates the Medicaid Local Share. 5) Permits counties to retain sales tax revenue growth to be applied to hold down local real property tax levies. 97 February 18, 2003 Report and Presentation of Resolution(s) from the Communications Capital Projects Committee Ms. Blanchard, Chair, reported the Committee will meet on February 26, 2003 at 2:30 p.m. She said the Committee met today and approved the resolutions that award construction contracts for the Public Safety Communications Center and construction management services. RESOLUTION NO. 35 - TO ADOPT A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE IN REGARD TO THE ADOPTION OF RESOLUTION NO. 36 (TOMPKINS COUNTY PUBLIC SAFETY COMMUNICATIONS CENTER) MOVED by Ms. Blanchard, seconded by Mr. Totman, and unanimously adopted by voice vote by members present. WHEREAS, pursuant to the State Environmental Quality Review Act, a short environmental assessment form was completed to review potential environmental impacts, and WHEREAS, the adoption of Resolution No. 36 is an unlisted action for which coordinated review is not required, now therefore be it RESOLVED, on recommendation of the Communications Capital Projects Committee, That the adoption of Resolution No. 36 will result in no significant environmental impacts, RESOLVED, further, That the basis of this decision is set forth in the declaration of non- significance entitled Schedule A, dated February 14, 2003. SEQR ACTION: Unlisted (Short EAF form on file in the Clerk's office) RESOLUTION NO. 36 - AWARD OF BID - TOMPKINS COUNTY PUBLIC SAFETY COMMUNICATION CENTER - CAPITAL PROJECT MOVED by Ms. Blanchard, seconded by Mr. Totman, and unanimously adopted by voice vote by members present. WHEREAS, the Tompkins County Finance Department has duly advertised for bids for the Tompkins County Public Safety Communication Center, and WHEREAS, thirty-six (36) bids were received for four (4) contracts bid and publicly opened and read on January 29, 2003, now therefore be it RESOLVED, on recommendation of the Communications Capital Projects Committee, That the bids be awarded to the lowest responsible bidders, as follows: General Construction Contract Edger Enterprises, Inc. $946,100 (Plus Alternate GC -1 Plantings) Elmira Heights, NY Electrical Contract R.G. Burns Electric $551,000 Stanley, NY Mechanical Contract Airtech Heating and A/C Systems, Inc. $414,500 Liverpool, NY Plumbing Contract Postler & Jaeckle $197,700 Horseheads, NY TOTAL $2,109,300 RESOLVED, further, That the County Administrator is hereby authorized to enter into contracts with the successful contractors and to execute change orders of up to five (5) percent of the contract total, RESOLVED, further, That the Division of Facilities be authorized to implement this bid on behalf of the County, funds being available in Capital Account No. HI3420-59239. 98 SEQR ACTION: Unlisted (Short EAF on file in Clerk's Office) 77, February 18, 2003 Ms. Kiefer asked what is meant in the final Resolved by having the Director of Facilities implement the project; would they act as construction manager? Mr. Squires said Facilities would just be the project manager. RESOLUTION NO. 37 — AUTHORIZATION TO AMEND CONTRACT FOR ARCHITECTURAL AND CONSTRUCTION ADMINISTRATIVE SERVICES FOR THE PUBLIC SAFETY COMMUNICATIONS CENTER (CONSOLIDATED 911 CENTER) MOVED by Ms. Blanchard, seconded by Mr. Booth, and unanimously adopted by voice vote by members present. WHEREAS, Resolution No. 86 of 2002 authorized the completion of schematic designs by Egner Architectural Associates' for the public safety communications center (consolidated 911 center) on Airport property for $37,500, and WHEREAS, Resolution No. 120 of 2002, approved Egner Architectural Associates' design and authorized the execution of a contract for design services through the award of construction bids for $173,000, and WHEREAS, Architectural services and construction management services are necessary throughout the construction period, and WHEREAS, a project field representative or owner's representative, is also necessary throughout the construction period, now therefore be it RESOLVED, on recommendation of the Communications Capital Projects Committee, That the County Administrator is authorized to amend the contract with Egner Architectural Associates' for an amount not to exceed $155,000, RESOLVED, further, That the amendment amount includes $60,000 for architectural services, $15,000 for weekly meetings with architect, $5,000 for reimbursable expenses, and $75,000 for a project field representative to provide on-site construction management services; said services will be provided through construction of the Public Safety Communication Center, construction of the tower that will serve the center, and installation of the electrical equipment in the center, RESOLVED, further, That the County Administrator is hereby authorized to execute change orders of up to five (5) percent of the contract amendment total, RESOLVED, further, That the Division of Facilities be authorized to implement this contract on behalf of the County, funds being available in Capital Account No. HI3420-59239. SEQR ACTION: TYPE II -20 Report from the Charter Review Committee Mr. Lane, Chairman, reported the Committee held its final meeting. A draft copy of the Charter will be circulated to the Board followed by a resolution calling a public hearing in March. Report form the Space Needs and Location Committee Mr. Proto, Chairman, reported the Committee met on February 13th and spent time bringing new Committee members up-to-date on items being worked on, including a review of the Facilities Analysis. Mr. Proto said the Committee met in executive session to discuss an option agreement on property under current discussions. He said this will come before the Board following a report from the County Attorney. The next meeting will be March 12. 99 February 18, 2003 Approval of Minutes of February 4, 2003 It was MOVED by Mr. Booth, seconded by Ms. Robertson, and unanimously adopted by voice vote by members present, to approve the minutes of the February 4, 2003 meeting. MINUTES APPROVED. Adjournment On motion the meeting adjourned at 7:43 p.m. 100 March 4, 2003 Regular Meeting Called to Order Mr. 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: 13 Representatives. Excused: 2 (Representatives McBean and Todd). Moment of Silence Chair Joseph asked that everyone participate in a moment of silence for the family of Representative McBean due to the passing of her infant daughter Kalijah Sade McBean Clairborne. Privilege of the Floor by the Public Alexandra Goncarovs and Rachel Boynton, members of Reality Check, spoke to the Board about this statewide youth empowerment movement. The group feels that the tobacco industry is sending the wrong message out to youth by contracting to have their products utilized by actors and actresses who are popular to the younger age group during films. This group invited Board members to a reception and presentation of "Golden Ash Awards" on April 5, 2003. The event will begin at the Autumn Leaves Bookstore and progress to the State Theater for a program. Betty Falcao, Director of the Health Planning Council, spoke of the Guide to Low -Cost Prescriptions report completed as part of the Human Services Coalition. This report will be available at a variety of agencies, the Tompkins County Public Library, and a copy will be put on file with the Board of Representatives. Ms. Falcao also spoke of the COMPASS survey that is being sponsored by the Human Services Coalition as well as the United Way. The survey is now being sent to 4,000 households within the County and will obtain information on a variety of areas, one of which is health insurance availability. Privilege of the Floor by Board Members Ms. Robertson, District No. 13 Representative, spoke of the opening of the new expansion of the Sciencenter, noting that the Wall of Inspiration and the room specified as having been donated by the County are wonderful. She also provided information regarding a tax assistance program offered by the Alternatives Federal Credit Union for individuals with an income of less than $50,000. Other community-based tax assistance is offered by the Senior Citizens Center as well as assistance through the Department of Social Services to qualified individuals. Ms. Robertson said there is presently a group organizing to participate in an anti -war rally on March 15, 2003, in Washington, D.C. Tickets to participate are available at the Autumn Leaves bookstore for $45.00 for the round trip; some financial assistance may be available for those wishing to participate but not having enough funds. Mr. Penniman, District No. 15 Representative, said that at a previous meeting information was given from retailers that they had not received information on the upcoming increase in sales tax. He reported that in his capacity as a business manager within the City of Ithaca, the appropriate information was received from the State several days following that meeting. Mr. Lane, District No. 14 Representative, spoke of the current debate taking place in Albany regarding the securitization of State tobacco revenues. Governor Pataki feels it should be securitized and sold, however Assemblyman Silver is proposing an alternative of revenue bonds based on tobacco 101 March 4, 2003 payment revenue securitization. Mr. Lane feels that the latter is a good idea and recalled Chair Joseph suggesting the same for the County. Presentation by the Assessment Department Ms. Coggin, Director of Assessment, spoke of the assessment process, noting that this past year generated 17,000 Notice of Assessment changes. She said that these changes resulted in approximately 1,400 requests for an informal hearing regarding the revaluation, 900 of which have been held to date. She said the informal hearings provide citizens with an opportunity to determine how the evaluation was made, receive information on how to utilize the computer systems within the Department of Assessment to conduct comparisons, and have a better understanding of the assessment process. Individuals should come to hearings with the information that may be specific to their household and compare it with the information on the assessment forms. If after comparing the model assessment figures and pertinent information, individuals are not satisfied with the outcome, a formal hearing may be obtained. Ms. Coggin thanked the Board members who contacted their constituents who previously had received Star exemptions to remind them of the need to reapply. Mrs. Schuler asked Ms. Coggin to explain the manner assessment values are determined. Ms. Coggin explained that the value is determined to a large extent by the market value of properties in a particular area. Once determining the recent sales in an area a sub -model is formed utilizing specific information such as number of bedrooms, baths, etc., and a predicted sales value is made on the property. Ms. Coggin noted that the regulations stipulate that the information on assessment rolls are correct until proven wrong, therefore it is important that if a property owner sees a mistake to call it to the attention of the Assessment Department. Mr. Lane inquired whether it was possible to provide information on comparable assessments on the forms received by property owners as had been done in the past; Ms. Coggin said not with the present staffing load, but she will look into the matter further. Ms. Robertson said the grievance days will be in May. She also inquired about the possibility of the information being available through the internet; many constituents had said they dislike having to take time off their jobs in order to obtain it during business hours at County offices. Ms. Coggin said this information is not available as the Board determined that the privacy of the property owners be maintained. Mr. Franklin added that the Town and Village offices do have the information and should make it available for citizens. Mr. Proto asked if the assessments would decrease if the real property market indicated a decrease in property values and Ms. Coggin said assessments would reflect the reductions. Chair's Report Chair Joseph did not have a report. Report from the County Administrator Mr. Whicher reported that a draft Memorandum of Understanding regarding procedures to be followed to reach agreement with the Statewide Wireless Network has been received from the State of New York. This network proposal is an effort to connect emergency responders throughout the State. The purpose of the County's participation in this project is the potential savings of several million dollars by sharing the infrastructure. Report from the County Attorney 102 March 4, 2003 Mr. Wood reported that the closing has taken place on the recent purchase of the Foodnet building on North Triphammer Road. Negotiations are presently underway to reach an occupancy agreement with Foodnet, the present tenant. Report from the Finance Director Mr. Squires reported that there will be bond sales on March 5, 2003. He said last year the percentage rate was 1.6 and this year it is less than one percent. He also informed the Board and community that at times the County is called upon to perform liquidation of estates and that this time his Department has a property that falls in this jurisdiction. On March 15 and March 22, 2003 there will be an auction of property at 21 Bean Hill Way in the Town of Lansing. Mr. Squires said that there are many items including automobiles, boats, glassware, lawn equipment, etc. Resolution(s) Added to the Agenda No resolutions were added to the agenda. Withdrawal of Resolution(s) from the Agenda No resolutions were 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 by members present, to approve the following resolution(s) under the Consent Agenda: RESOLUTION NO. 38 - INCREASE IN 2001-2002 STATE OPERATING AID FOR TOMPKINS CORTLAND COMMUNITY COLLEGE MOVED by Mr. Proto, seconded by Mr. Totman, and unanimously adopted by voice vote by members present under Consent Agenda. 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 2001-2002 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 2001- 2002 State operating aid for Tompkins Cortland Community College be increased $14,830 from $5,406,250 in the originally approved budget to $5,421,080 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 RESOLUTION NO. 39 - AUDIT OF FINAL PAYMENT (CONSTRUCTION) - TOMPKINS COUNTY DEPARTMENT OF PUBLIC WORKS - BOSTWICK ROAD FACILITY 103 March 4, 2003 MOVED by Mr. Proto, seconded by Mr. Totman, and unanimously adopted by voice vote by members present under Consent Agenda. WHEREAS, American Ambient Mechanicals, Inc., Plumbing Contractor, has completed their contract to our satisfaction for the Tompkins County Department of Public Works, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure 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 American Ambient Mechanicals, Inc. 10 (Final) HZ5101.50.10 $5,531.10 RESOLVED, further, That the Finance Director be and hereby is authorized and directed to pay said claim from Account No. HZ5101.50.10. SEQR ACTION: TYPE 1I-20 Approval of Appointment(s) Under the Consent Agenda It was MOVED by Mr. Proto, seconded by Mr. Totman, and unanimously adopted by voice vote by members present, to approve the following appointment(s) under the Consent Agenda: Tompkins County Youth Board Jane E. Converse - Village of Dryden Representative - term to expire December 31, 2004 Report from the Consumer and Community Affairs Committee Ms. Kiefer, Chair, reported the Committee met on February 19, 2003, and spoke with the four rural libraries and the Finger Lakes Library System Director, Karen Creenan. Information was given to the Committee regarding hours of operations, budgetary concerns, and information specific to each location. The County Historian spoke to the Committee about the history of the position and challenged the Committee to determine what the position should be in the future. Tompkins Community Action provided a brief history of the agency and followed with information related to their energy information and assistance programs. The Committee spoke of their charge of reviewing utilities within the County and what areas to review. The Committee will meet next on March 19, 2003. Report from the Government Operations Committee Mr. Koplinka-Loehr, Chairman, reported the Committee will meet next on March 13, 2003 at 2:00 p.m. Report from the Planning. Development and Environmental Ouality Committee Mr. Lane, Chairman, reported the Committee met on March 5. He said that information received regarding the Empire Zones indicates that the proposal presented by Governor Pataki to request localities pay fifty percent of the cost of the incentives is not being considered. Also, in response to a request from Mr. Proto, Mr. Lane and Mr. Stamm of the Tompkins County Area Development will meet to answer questions Mr. Proto raised regarding Empire Zones at an Industrial Development Agency meeting. Report and Presentation of Resolution(s) from the Budget and Capital Committee Mr. Penniman, Chairman, reported the Committee met on March 25, 2003, and discussed the current year budget including the impact of the proposed State budget. He said that the initial analysis 104 March 4, 2003 indicates it will be a difficult year with a variety of revenue cuts to programs within the Department of Social Services, Probation, Office for the Aging, and a higher contribution rate for the retirement system. Mr. Penniman indicated a variety of options are being reviewed to determine the best solution to reduce the severity of shortfalls in revenue and he has requested information to enable the Committee to make an informed decision. Mr. Penniman then reported on a resolution that had come before the Committee regarding a request to contract with the Tompkins County SPCA for a variety of services for the Health Department. He expects the resolution to be discussed further and expected it to come before the full Board shortly. Ms. Robertson asked if the budget review was for the current year only or if it would include budget year 2004. Mr. Penniman said at this time only the impact on the current year's budget is under review, however as the fiscal years for the State versus the County do overlap it would effect 2004 budget as well. RESOLUTION NO. 40 -AUTHORIZATION TO THE DIRECTOR OF FINANCE TO APPROPRIATE FUNDS IN THE EVENT OF A COUNTYWIDE EMERGENCY AS DECLARED BY THE CHAIRMAN OF THE TOMPKINS COUNTY BOARD OF REPRESENTATIVES MOVED by Mr. Penniman, seconded by Mr. Booth, and unanimously adopted by voice vote by members present. WHEREAS, the Emergency Action Plan (Policy 01-19) gives the Director of Finance authorization to rent equipment in the event of a "disaster", as defined by Article II -B of the NYS Executive Law to include, but not be limited to, flood, fire, storm, acts of terrorism, earthquake, large- scale hazardous materials incidents, health epidemics, and WHEREAS, Administrative Policy 06-07 (Purchasing) states that in the event of a "public emergency", defined as a situation whereby the life, health, or safety of the residents of Tompkins County are potentially threatened, the Director of Finance may purchase equipment without competitive bidding, and WHEREAS, the Emergency Action Plan further specifies that charges for the rental of equipment shall be paid through the Emergency Response budget without mention of the adequacy of such budget, and WHEREAS, there are no definitive guidelines or authorization for the appropriation of funds in the event of a disaster or public emergency as defined above, and WHEREAS, in the absence of such authorization, a heightened potential exists for delays in the procurement of equipment or other essential goods and services, now therefore be it RESOLVED, on recommendation of the Budget and Capital Committee, That in the event of a disaster or public emergency as declared by the Chairman of the Board, funds be made available to attend to such disaster or emergency, RESOLVED, further, That upon order by the Emergency Operations Center Coordinator, Director of Emergency Response or County Administrator, the Director of Finance be authorized and directed to rent or purchase goods and services as requested, RESOLVED, further, That the Director of Finance be authorized to make appropriations from the Contingent Fund until such funds are exhausted whereby authorization is extended to the General Fund Balance, RESOLVED, further, That a full accounting of all appropriations must be made to the Board of Representatives, the County Administrator, and the County Attorney on a daily basis until such time that the disaster or public emergency is declared over, RESOLVED, further, That the Chairman of the Board shall have the authority to declare that the disaster or public emergency has come to an end. SEQR ACTION: TYPE II -20 105 March 4, 2003 Report and Presentation of Resolution(s) from the Health and Human Services Committee Ms. Robertson, Chair, reported the Committee met on February 20th and the next meeting will be March 5t. At the meeting Ms. Falcao, Director of the Health Planning Council, presented the Committee with the binder on low-cost prescriptions which she'd brought to the Bard tonight, and figures of the estimated number of 10,000 individuals within the County who do not have medical insurance. She said that in 2001 Cayuga Medical Center provided care for approximately 2,800 emergency room visits; 2,100 visits to Convenient Care Center; and 200 in-patient visits in the hospital, to people all without medical coverage. There are fundraisers and cost shifting done, as well as physicians providing services free or on a sliding scale, to assist in this shortfall. Ms. Herath of the Women's Opportunity Center shared positive experiences of women who were able to remove themselves from public assistance, or not require public assistance as a result of the help received from the Center with loss of matching funds leading to a layoff. Ms. Herath shared information with the Committee on the effect funding reductions had on the Center. The Committee reviewed the highlights of 2002 and challenges being faced for 2003 in the Health and Mental Health Departments. This included a discussion on how cuts at the State level will have an impact on the County as well, particularly in the Environmental Health area. Ms. Robertson also indicated that there has been a great deal of restructuring at the Health Department as a result of early retirements. RESOLUTION NO. 41 - APPROPRIATION FROM CONTINGENCY FUND - EMPLOYMENT RETENTION AND ADVANCEMENT PROGRAM (ERAP) AND BUDGET ADJUSTMENT AND AUTHORIZATION TO CONTRACT WITH CHALLENGE INDUSTRIES — DEPARTMENT OF SOCIAL SERVICES MOVED by Ms. Robertson, seconded by Mr. Proto. Ms. Kiefer inquired about the differential in funds noted within the resolution and was informed by Mr. Penniman that the difference of $25,000 is hoped to be funded from the State and other sources. A short roll call vote resulted as follows: Ayes - 13, Noes - 0, Excused - 2 (Representatives McBean and Todd). RESOLUTION ADOPTED. WHEREAS, the Employment Retention and Advancement Program (ERAP) is a five-year-old program that provides job readiness, job club, job placement, mentoring, and follow-up to some of the hardest to place Temporary Assistance recipients, and WHEREAS, the Program has served well over 100 individuals and has accomplished a job placement rate of forty-three percent and a job retention rate of forty percent, and WHEREAS, the 2002 budget provided $25,000 for these purposes, and WHEREAS, the Department of Social Services wishes to have this program continued in order to provide the level of assistance and support needed for this population, and WHEREAS, Challenge Industries is the lead agency and partners with Catholic Charities for experience and expertise in program components, and WHEREAS, Challenge Industries, working with Workforce Development, has secured funds to extend the program at no cost to the County for the 12 months ending September 30, 2003, and WHEREAS, funds are now needed to extend the program for an additional 12 months that would end September 30, 2004, and WHEREAS, a total $100,000 match is needed to draw down an additional $200,000 in Federal Dollars, of which it is anticipated $50,000 will be a cash match and the other $50,000 will be provided by the partners through in-kind services, now therefore be it RESOLVED, on recommendation of the Health and Human Services and Budget and Capital Committees, That the Finance Director is authorized to appropriate $25,000 from the Contingency Fund (A1990) to Account Number A6010.54442 — Professional Services, (Department of Social Services), for the purpose of the cash match for the ERAP program for the period of October 1, 2003 to September 30, 2004, 106 March 4, 2003 RESOLVED, further, That the Department of Social Services is authorized to enter into a contract with Challenge Industries for provision of the ERAP services. SEQR ACTION: TYPE II -20 Report and from the Public Safety Committee Ms. Blanchard, Chair, reported the Committee met on February 20th. This meeting enabled the Committee to review information on the public -safety building design program and project. Jacobs Facilities, Incorporated, the consulting firm selected to work on this project, provided the scope of work for discussion. Ms. Blanchard said that within the next several weeks information related to this project will be provided to Board members. It is anticipated that the final scope proposal should be received by the Committee at their March 6, 2003, meeting. The final contract and the scope of work is expected to be approved at the March 20, 2003, meeting. The March 6th meeting will be spent developing and understanding the Assigned Counsel program. Report from the Facilities and Infrastructure Committee Mr. Booth, Chairman, reported the Committee met last week and received information from Mr. Nicholas, of the Ithaca Tompkins Regional Airport, and Ms. Blanchard of a possible Federal grant program that has the potential of providing $500,000 to create a package that would assist in obtaining additional carrier. There may also be available up to $50,000 State funding to assist in the facilitation of this program, with a $50,000 community, not County, match required. It appears that there is sufficient community interest to proceed. He then reported that Cornell University submitted information regarding the status of their chemical and radioactive waste sites located by the airport. At this time they are making substantial and sufficient progress of what will be permanent sites. Mr. Booth said that Mr. Nicholas stated he did not see at this time any problem at the airport with this work being done by Cornell. Cornell University has spent over thirty million dollars to date on the remedial effort; these expenditures underscore the importance of taking care of the environment before a clean-up is necessary. Lastly, a highway project status report was provided to the Committee that indicated the Beach Road Bridge situation in Newfield is progressing toward an amicable solution with the Town of Newfield and outlined options that will be available for the Red Mill Bridge in Dryden. The Committee meets next on March 11, 2003. Mr. Koplinka-Loehr asked if any discussion was held regarding the deterioration of County roads over the course of the winter months. Mr. Booth said at present the discussion had only been on the cost of upkeep to the highways over these winter months but anticipated the subject will come before the Committee in the future. Report and Presentation of Resolution(s) from the Charter Review Committee Mr. Lane, Chairman, said there are two resolutions from his Committee to come before the Board. Mr. Lane asked that all Board members review the Charter in its entirety prior to this time. Mr. Joseph indicated that members of the Board should be prepared to discuss any concerns or suggestions at the next full Board meeting on March 18, 2003. RESOLUTION NO. 42 - AUTHORIZING A PUBLIC HEARING ON PROPOSED LOCAL LAW NO. 1 OF 2003 - REVISING TOMPKINS COUNTY CHARTER AND CHANGING THE NAME OF THE TOMPKINS COUNTY BOARD OF REPRESENTATIVES TO THE TOMPKINS COUNTY LEGISLATURE MOVED by Mr. Lane, seconded by Mr. Penniman. A voice vote resulted as follows: Ayes - 13, Noes - 0, Excused - 2 (Representatives McBean and Todd). RESOLUTION ADOPTED. 107 March 4, 2003 WHEREAS, the required periodic review of the Tompkins County Charter has been completed and multiple changes that updates and reflect current desirable practices have been incorporated in a draft document to present to the public, 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, April 1, 2003 at 5:30 o'clock in the evening thereof concerning proposed Local Law No. 1 of 2003 - Revising Tompkins County Charter and Changing the Name of The Tompkins County Board of Representatives to the Tompkins County Legislature. 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. 43 - APPROVAL OF THE CHARTER REVIEW COMMITTEE'S "REPORT TO THE BOARD OF REPRESENTATIVES ON REAPPORTIONMENT (2000 CENSUS)" MOVED by Mr. Lane, seconded by Mr. Proto. Mr. Lane said that the document provides a historical overview that will be useful for future reapportionments of districts as a result of census figures. Mr. Proto suggested that a copy of the document be placed in the County Clerk's custody as the official records administrator. A voice vote resulted as follows: Ayes - 13, Noes - 0, Excused - 2 (Representatives McBean and Todd). RESOLUTION ADOPTED. WHEREAS, the Tompkins County Board of Representatives charged the Charter Review Committee with the task of exploring potential changes to voting districts based on the results of the 2000 United States Census and making recommendations to the Board of Representatives, and WHEREAS, in response, the Charter Review Committee developed recommendations addressing reapportionment, and WHEREAS, the Board of Representatives on May 31, 2001, adopted Local Law No. 3 which established redistricting of the Board of Representatives boundaries, and WHEREAS, the Charter Review Committee developed a report in response, entitled "Report to the Board of Representatives on Reapportionment (2000 Census)", now therefore be it RESOLVED, on recommendation of the Charter Review Committee, That the Tompkins County Board of Representatives approves the "Report to the Board of Representatives on Reapportionment (2000 Census)", dated December 11, 2002, RESOLVED, further, That the Board of Representatives expresses its appreciation to the Charter Review Committee, the Tompkins County Planning Department, and the Tompkins County Information Technology Services Department for their efforts in preparing this report. SEQR ACTION: TYPE II -2 Report from the Communications Capital Projects Committee Ms. Blanchard, Chair, reported the Committee met on February 26th and was provided a presentation by Mr. Shurtleff, Director of Emergency Response, of "Plan B", an alternative proposal for the Microwave System in the event the partnership with the State does not occur. Mr. Shurtleffs presentation provided a visual view of the present system and followed through to both an interim system and the completed 800 -MHz trunked radio system. She indicated that this would be copied by Mr. Shurtleff for individuals to review in more detail. Ms. Blanchard also said she was providing copies of an article shared by Sheriff Meskill that describes in layman's terms the operation and importance of the radio system. Ms. Blanchard also said that as reported by Mr. Whicher the County is further along in the process of possibly partnering with the State in their State Wide Network. She then said that an update was provided by Mr. Marx, Planning Commissioner, on the relocation of the New York State Department 108 March 4, 2003 of Transportation. There will be a meeting on Friday, March 7, 2003 in Albany with New York State Department of Transportation representatives and others involved in the project in order to continue the process. Ms. Blanchard then spoke of a discussion of the number of projects that include "Public Safety" within the titles. She reported that consensus had been reached that the Public Safety Communication Center being constructed on Brown Road be referred to in the future as Emergency Response Center. Ms. Kiefer noted that she would like to retain the word Communication within the title if possible. Ms. Blanchard replied that nothing was concrete and that she welcomed suggestions. Report from the Space Needs and Location Committee Mr. Proto, Chairman, reported the Committee will meet on March 12, 2003. Report from the Tax Policy Committee Mr. Joseph, Chairman, said that his report is not only on the Tax Policy Committee but also about the recent Southern Tier Organization for the Reform of Medicaid (STORM) meeting held in Elmira. He indicated that much of the discussion at this meeting was about what County Executives are doing statewide. Mr. Joseph said that there will be a press conference of County Executives and Mayor Bloomburg of New York in New York City on March 11, 2003, in common cause, asking that Medicaid be capped. Mr. Santulli shared what he is doing in his county to raise awareness of the issue, and Mr. Joseph said he shared Tompkins County's efforts as well. When other County Executives had indicated there was not much done within their counties beyond the "Cap Medicaid" campaign members discussed sharing of ideas to expand on the subject. Mr. Joseph said he continues to impress upon members of STORM that while Medicaid is a large issue it is important to look at all the reasons the real property taxes are increasing, that Medicaid is only one part. The Tax Policy Committee was well attended by not only Committee members, but members of the community as well. Discussions continued on the focus of the Committee. Consensus was reached to become an organization called "PushBack", comprised of those in the room and anyone choosing to join. The focus of the organization is to "PushBack" against state -imposed property tax increases. Mr. Joseph said that it is now an organization that is comprised of members from many different organizations. The next meeting will take place on March 6, 2003, at 4:00 p.m. At that meeting the topic of discussion will be tactics and strategy. Ms. Robertson said that many members of this organization attended the meeting held by Senator Kuhl. She said that Senator Kuhl had stated to her his concern about the Federal government mandates being passed to the State without funding, and in particular cuts in reimbursement for Medicaid. Ms. Robertson inquired whether a recent meeting between Mr. Joseph and Senator Nozzolio on the topic of swapping services had progressed. Mr. Joseph said that it is somewhat difficult to put together specific proposals and that the issue of having control over programs that we are providing for financially requires more discussion. Mr. Joseph feels it might better be dealt with by New York State Association of Counties dealing directly with the legislators. Mr. Booth felt it was interesting that the New York City Mayor was being requested to come into the alliance. Mr. Booth said he had read that the New York City Mayor's desire was to have the State take over the entire share for his municipality. Mr. Winch inquired about the make-up of the present Tax Policy Committee and whether it is relevant to continue it in the present format. Mr. Joseph said that the committee was formed to enable outreach and organization that would result in a different group, and that it has progressed at a faster rate than initially anticipated. He felt that the activities of the group could be reported under the heading of Chair's report. He indicated he may dissolve the Tax Policy Committee at the next meeting and asked that members of the Board please let him know if they felt there was a reason not to. 109 March 4, 2003 Approval of Minutes of February 18. 2003 It was MOVED by Ms. Herrera, seconded by Mr. Booth, and unanimously adopted by voice vote by members present, to approve the minutes of the February 18, 2003 meeting as submitted. MINUTES APPROVED. Individual Member -Filed Resolutions RESOLUTION NO. 44 — SUPPORT FOR STATE AND LOCAL AID AND ECONOMIC STIMULUS ACT OF 2003 MOVED by Ms. Blanchard, seconded by Mrs. Schuler. Ms. Kiefer inquired whether there was a similar bill in the House. Ms. Blanchard replied that at this time to her knowledge there is none at present. A voice vote resulted as follows: Ayes - 13, Noes - 0, Excused - 2 (Representatives McBean and Todd). RESOLUTION ADOPTED. WHEREAS, states, counties, cities, towns, and villages are facing their worst fiscal crisis since World War II, and WHEREAS, these local governments anticipate serious budget shortfalls in 2003, forcing a choice between raising property taxes, cutting spending on essential services, or doing both, and WHEREAS, an increase in property taxes places an unusually heavy burden on local residents and businesses, and WHEREAS, deeper spending cuts will force communities to reduce or eliminate many vitally important programs such as childcare and senior services and, in addition, challenge the ability of local governments to pay for homeland security measures and infrastructure maintenance and improvements, and WHEREAS, all of these impacts will result in loss of jobs and further damage to our struggling economy, and WHEREAS, the bi-partisan State and Local Aid and Economic Stimulus Act of 2003 introduced by Senator Charles Schumer (D -NY) and Senator Olympia Snowe (R -ME) would provide a one-time injection of $40.0 billion into state and local government budgets at this time of fiscal crisis, and WHEREAS, $20.0 billion would be distributed to states based 50 percent on population and 50 percent on the change in the unemployment rate during calendar year 2002 with the same formula used to distribute the remaining $20.0 billion to localities, and WHEREAS, Tompkins County could receive a maximum of $5.3 million as a result of this legislation, now therefore be it RESOLVED, That the Tompkins County Board of Representatives does hereby endorse and urge speedy passage of the State and Local Aid and Economic Stimulus Act of 2003 and directs that this message be transmitted to our Congressional delegation for immediate action. SEQR ACTION: TYPE II -20 Adjournment On motion the meeting adjourned at 7:43 p.m. 110 March 18, 2003 Regular Meeting Called to Order Mr. 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 Proto). Presentation of Proclamation(s) Mr. Joseph presented a proclamation declaring March 17-21, 2003 to be Agriculture Week in Tompkins County and March 21, 2003 to be Agriculture Day in Tompkins County, to Russ DeMond, Chair of the Tompkins County Agriculture and Farmland Protection Board. Privilege of the Floor by the Public Fay Gougakis, City of Ithaca, spoke concerning the impending war with Iraq. Ms. Gougakis expressed deep frustration and appealed to the Board to assist the public in obtaining emergency preparation information in anticipation of the conflict. Ms. Gougakis said she expressed this concern to Common Council at a recent meeting and was informed she should listen to the radio. She said this response was unsatisfactory to her and asked that the County lead an effort on public information about this and to listen to citizens' concerns. She wants to know how to be prepared and what to do. Alan Cohen, City of Ithaca Mayor, spoke to the Board in support of two resolutions on the agenda that authorize bonding of IDA (Industrial Development Agency) projects. Mr. Cohen said the City is excited these projects are moving forward, and stated it has already invested $1.3 million into the Cayuga Green project. He stated the construction of the parking garage is critically important to the other project and the health of downtown Ithaca. He said this parking garage will not solve all of the City's parking problems, but he hopes the City will be in a better financial situation in the future to allow them to renovate and expand the Green Street parking garage. He said there are many questions and concerns that have been expressed and hopes many have been answered and they will continue to provide answers. Mr. Cohen said these projects are the result of efforts both the City and County have made in public investments that help to stimulate interest in the private sector to look at downtown. Mr. Cohen said he appreciates the County's cooperation and looks forward to continued support by all parties on endeavors such as these. Monika Roth, Agriculture Leader for Cooperative Extension of Tompkins County, thanked the Board for recognizing agriculture and its contributions to the community. She distributed copies of an Agri -facts brochure to the Board. Ms. Roth also reported on results of a survey of the agriculture community. She said two-thirds of the agriculture community responded to the survey and expressed taxes as one of their top concerns because they own a large parcels of property and bear a great burden when property taxes go up. Ms. Roth said the Agricultural and Farmland Protection Board is looking at initiatives locally, such as an exemption from fire taxes that may make a difference in communities where fire commissioners have not voted to extend this to agriculture lands. Wendy Skinner, Public Information Coordinator, responded to the comments made by Ms. Gougakis. Ms. Skinner informed Ms. Gougakis that the radio is a good resource by which residents can obtain information and suggested having a battery-operated radio. She said if emergency information has to be distributed to the public, radio would be the best method to relay that information. Ms. Gougakis was dissatisfied with the information provided. 111 March 18, 2003 Mr. Joseph stated Privilege of the Floor is not a time for a debate between members of the public and County staff or Board members. Ms. Gougakis was angered that she had not received answers to her concerns and departed the meeting. Privilege of the Floor by Board Members Mr. Joseph, District No. 12 Representative, made the following statement: "Last night I watched on television as our President declared war in violation of the Constitution, the Charter of the United Nations, and every principle of international law. I am incredibly distressed and disturbed that our national leaders seem to have drawn precisely the wrong lesson from the events of September 11th. What I think they should have learned is that the massacre of several thousands of innocent people in order to achieve your political goals is a crime beyond measure that should be prevented and avoided at all costs, rather than copied and emulated. "When the attack comes, I will watch in shock and awe and horror as thousands upon thousands of innocent people die in my name. Each time I open a Board meeting I lead you in pledging allegiance to this Flag. To me that Flag stands for freedom, for justice, for compassion, and for protection of the innocent. It does not stand for conquest, empire and the wanton slaughter of thousands of innocent people." Mr. Koplinka-Loehr, District No. 10 Representative, made the following statement: "On March 7 we had a guest to our community, the grandson of Mohandas K. Gandhi whose name was Arun Gandhi. I would like to tell a brief story from that visit and then draw a conclusion that I am making from that. "Arun, when he was 6, went to live on the Ashram that Mohandas was on, and had a friend that was also sick and who had a tendency to eat lots and lots of sugar and sweets and would apparently get lots of rashes because of this. The parents were very, very discouraged. They tried medical intervention and non-traditional interventions and still the rashes would come. The parents didn't take all of the sweets out of the house, but they couldn't quite keep the young boy from taking the sweets and he kept having the rash. "Finally, in exasperation they came to Mohandas and asked what they could do and how could they get this young boy to stop eating sweets. Mohandas said come back in 15 days and I will give you an answer. The parents didn't quite know why he had that stipulation but they went away and came back in 15 days. He then took the boy aside and whispered for less than one minute into his ear and from that moment on the boy did not eat any sweets. "The parents were amazed and thought some sort of miracle happened. They wondered what Mohandas had said into the boy's ear. When they finally went up to him and asked him, he said he couldn't ask the boy to stop eating sweets until I stopped eating sweets. It was a testimony to the spirit with which he tried to make a difference in small and large situations -- to make a personal sacrifice. "The reason I am wearing black tonight is because I am in mourning. I am in mourning over the death of diplomacy. We all know that our President delivered an ultimatum. Many of us will have different responses to that. Some will peaceably assemble, some will use their free speech rights. I, too, have done my part, and yet find myself groping as to what is an appropriate response if indeed our nation continues on this course. "I do feel called as a moral agent, as a Legislator, to respond. And, if indeed, the U.S. commences military action, the act that seems in line with the depth of the action in my personal sacrifice would be actually to consider a fast and to begin it when the U.S. starts that intervention. I certainly do 112 March 18, 2003 not go into this lightly, I considered it with my family and I considered it with community members. I simply would ask that we all take that sense of sacrifice, of personal accountability for our involvement and decide what an appropriate response would be. I honor and respect each of those responses and I hope that peace, indeed, is our lasting legacy." Ms. Robertson, District No. 13 Representative, thanked Mr. Joseph and Mr. Koplinka-Loehr for their comments. She said it has been increasingly difficult to go about daily business and in many ways she hasn't. She has been doing other things instead such as going to marches and e -mailing people, etc. Ms. Robertson stated the community is being called the day after bombing begins to assemble on the Commons at 5 p.m. She said that appears to be an imminent event. Ms. Robertson announced the Health Planning Council will be sponsoring a presentation tomorrow at 12:30 p.m. at the Rice Conference Room, by Robert DeLuca, Deputy Commissioner of Mental Health, on County mental health services and emerging trends. She encouraged anyone with interest in this to attend. Ms. Robertson said this is an area where future State budget cuts will likely hit the County. She also announced the Human Services Coalition will hold its monthly forum on April 9 at 8:45 a.m. Stephen Whicher will be speaking at that forum on the overall picture of the State budget. Mr. Lane, District No. 14 Representative, made the following statement: "Like the rest of you I am very, very troubled. I've always considered myself a pretty much middle of the road kind of person and America first. I'm neither a pacifist nor a war monger. I have supported actions we have taken militarily with this country and I believe I have supported actions that people have taken in opposition to that. I always end up asking myself this question: Do we do the right thing? In the Gulf war I asked myself that question; I saw our action in response to aggression and I answered, yes. In Somalia we went in because there was a humanitarian disaster going on. In Bosnia and Kosovo there was ethic cleansing. In Afganistan it was a response to an attack on America. "I'm asking myself the same questions now and I'm coming up with a different answer. I was very troubled to hear our Secretary of State, Colin Powell, discussing on the Sunday talk show, the fact that the Administration had a major debate on whether or not to approach the United Nations at all about this issue. We set up the United Nations after a huge world war in which nuclear weapons were used and it is something that if we don't support will collapse. Now there are people out there who would be very grateful for that because they think that the idea of a United Nations is an anthon a large, strong country like ours. I don't happen to agree. "I worry very, very much about how we are going to be perceived in the world and by our allies, by doing this on our own. What will it do to NATO, an organization we have been trying to enlarge now with bringing in Poland and some of the eastern block countries. We are going into this war with the support of Britain, Spain, and Astonia. It is not very secure and for a purpose I think the American people are questioning. I'm questioning it too, and I have very mixed emotions because I have a very close family member who is serving in Kuwait right now. I worry about him and I worry about all of our officers and enlisted men and women over there. This is not a good thing and I don't think we do the right thing." Mr. Penniman, District No. 15 Representative, thanked his colleagues for expressing their concerns and feelings about the war and stated he shares those concerns. Presentation of Distinguished Youth Award Mr. Penniman, District No. 15 Representative, presented the March, 2003, Distinguished Youth Award to Jennifer Wanagel for her involvement with the Tompkins County 4-H Program. Mr. Penniman spoke of Jennifer's many accomplishments, including the creation of a Teen Council Program. 113 March 18, 2003 Joanne Baldini, 4-H Educator for Cooperative Extension of Tompkins County, thanked the Board for its continued support of the youth development organization. She spoke highly of Jennifer's accomplishments and praised her many successes in the 4-H program. Privilege of the Floor by Board Members Continued Ms. Herrera, District No. 5 Representative, reported last evening a meeting was held in her Ward with community activists to discuss reviving the Community Neighborhood Association. Ms. Herrera said there was a great diversity of issues presented, ranging from taxes and trash to social events and a proposed park near East Falls Street. She said the community members in attendance displayed a great amount of energy and compassion for these issues and urged anyone interested in becoming involved in this group to contact Sara Adams. Ms. Herrera said the comments made this evening are coming at a time of great stress. She said there is a sense that if someone is against the war, that this means that person does not support the troops who are on their way there or who may be fighting there. She stated many of the people who oppose the idea of a war in Iraq also strongly support the troops. She said in the process of discussing this is the fact that this exchange of ideas and this kind of disagreement is alright here in this country. She spoke of recent letters to the Editor and said there has been an escalation in the amount of rhetoric. At this time Ms. Herrera spoke of "community" and made the following statement: "In these difficult times we have this resource we can fall back on, and that's our sense of community. This country was founded on dissent. It's vital that we keep communicating openly. I say this because in times of war we sometimes suffer from a loss of community. People stop discussing and start calling each other names and blaming. It's been my experience that in Tompkins County our community is one of our biggest strengths. When we disagree in the United States that's our right, so I want to suggest that if we go to war we conscientiously call a moratorium on the harsh rhetoric, the polarizing characterizations, and the tendency to identify anyone who we disagree with as morally bereft or evil. We all have to live together in this democracy and we will disagree. I plead with you, let us use this time to build community, not to divide it. I urge everyone to notice our common interests, to nurture the breadth of community that we have here in Tompkins County. This is, as I have said, a difficult time and community is what will get us through it." Ms. McBean, District No. 2 Representative, made the following statement in regard to the impending war with Iraq: "I haven't felt this way for a while. I began to heal from losing my daughter last month and felt very good until last night's announcement. And like Mike, I have close relatives who chose to defend and serve and protect us, and they are over there. "I am really troubled to hear that we are on the brink of war and I choose to comment because we may not like the way that Fay Gougakis makes her presentations, we may not like the anger and her passion. But I remember sometime last year when we were talking about the Patriot Act at a big meeting at the Women's Community Building, Fay brought up that very same question and I have that very question in my head. People in Iraq, Kuwait, and a number of other countries in the Middle East know of ways to protect themselves. I've been told some wait, some don't, some can't, some cannot. "Fay has a very legitimate question and what I want to encourage is if per chance our emergency service personnel, aside from the radio, have something else to offer to this community, I call this a pre- emptive action to let people know if there is something they can to quell fears. If there is an underground tunnel somewhere that we all should know about to go to, perhaps this isn't the time to tell people; but maybe there is a way to reach out to this community because I know people are fearful out there. I am concerned. It could happen here just like it couldn't happen there. Last year the United States gained much international support because we were so hard hit by terrorism. People in this community are now 114 March 18, 2003 feeling relatively terrorized and this country is now feeling relatively terrorized because we don't know what is next. What is going to happen because of our actions. And I hope that we do not sit back complacently and not say something to folks about what to do. I don't know what to do. I'm hoping there is something out there. "Aside from calling the Sheriffs Department or aside from calling the fire department I don't know what else to do and I hope we can have something out there, something in place, that we can help people relieve the fears they have. It may not help and it may help, and I do appreciate Fay continuing to ask this question. Yes, the radio is one way and the television is another way, our flashlights, duct tape, and plastic are other ways; but there may be some other way we can tell people. I don't know, I'm asking. "The only other thing I do want to say and like I said my heart was very heavy. I do want to thank folks for being so supportive of me and so supportive of my family during our loss, and for allowing me to not be here because that was very hard. It was an experience I don't want to wish on anybody. I can't imagine what the parents, children, and people in Iraq and Middle Eastern countries are going through at this point. I didn't know that circumstantial violence was going to be handed down to me, and that I would have to bury my child. I can't imagine that people are anticipating this is going to happen to them and what to do. "I encourage all of us to do what we need to do, whether fasting or whatever it is, to in some way show some support of our troops. Showing support of our troops is not showing support of a war necessarily. But showing support of our troops and to also show support internationally for the people whose lives are also going to be lost, and I hope we don't go there, for the people who are going to suffer and for this country that is going to suffer. "Today I wrote a little piece because my head was going there. Just about the last two or three years we have embarked on this campaign of teaching our youth in schools not to bully each other, how to stop violence, how to not have these things happen because they were just exercising such a high level of fatal violence on each other. Now, as leaders, and as the Country's premier role model, we are attempting to do this to people who are probably less capable than us. I am not in support of anybody's chemical weapons or weapons of mass destruction, but suppose we will be looking at every other country in this war, including ourselves, when we talk about getting rid of that level of arms. Thank you." Mr. Joseph said Sheriff Meskill just provided him with two resources that can help people with being prepared. One is a website: ready.gov; the other is a phone line: 1-800-BEREADY. Mr. Joseph said both of those will provide people with some suggestions and advice for preparedness. Alice Cole, Public Health Director said another resource that is available is the National Red Cross website: www.redcross.org. She said this is an excellent website and correlates with the color -level categories. Mr. Penniman, District No. 15 Representative, said he recently traveled to New York City to attend a press conference with Mayor Bloomberg and representatives from several counties across New York State. He said this was organized by the New York State Association of Counties to bring publicity to our concern about Medicaid and the purpose was to demonstrate unity between the counties and the City on this issue. It was also to urge State leaders to bring counties to the table to negotiate immediate and long-term reforms to protect the taxpayers from the double-digit increases that counties have been seeing as a result of the growth of Medicaid. Mr. Penniman reported the event was well attended, both by counties and by the media. Chair's Report Mr. Joseph reported he will be traveling to Syracuse Thursday for a hearing. He stated Senator John Bonasuk is holding hearings on several pieces of legislation that affect standards for tax-exempt property. The Senate is looking at a series of bills that will restrict the extent to which property tax - 115 March 18, 2003 exemptions are granted. He said this movement was inspired by the constant expansion of criteria for property tax -exemptions by courts. Mr. Joseph suspended the Tax Policy Committee at the present time. He said there are a number of issues that may be appropriate at a later date, such as a local income tax or a more progressive form of property tax in which property is taxed at different levels. However, at this point he believes it is a better strategy to focus on urging the State to take care of its own problems instead of passing them along to the property tax. He said the Committee is being placed on hold while the PushBack organization carries forward the larger mission that that Committee was established for. Mr. Joseph emphasized that PushBack is a citizen organization and is open to anyone who would like to participate. Meetings are held on the first and third Thursday of each month at 4 p.m. in the Scott Heyman Conference Room. Mr. Joseph announced he is unable to attend the March 20 meeting of STORM (Southern Tier Organization for Reform of Medicaid) and invited any interested Board member to attend in his place. Report from the County Administrator Mr. Whicher reported there are presently three County staff persons actively serving in the armed forces. The County potentially could have as many as ten employees actively serving. Mr. Whicher announced last week the County returned a draft working document to the SWN (Statewide Wireless Network). He stated this document is leading to an agreement for procedures on how the parties will work together in the future. He said this is a draft document and will not be released to the public until it is signed by both parties. Mr. Whicher reported he has received good news in regard to the New York State Retirement System. He said this afternoon the State Comptroller is proposing to reduce the payment for this year's retirement from 11 percent to 4.5 percent. He said this requires approval by the State legislature, but is hopeful it will pass. Mr. Whicher said this is good news for 2003; however, the Board should be prepared for the rate to increase to 11 percent next year. Mr. Joseph responded to Mr. Whicher's comments and stated something the Comptroller said which he believes is very wise policy in the long -run. The Comptroller stated contributions to the New York State Retirement System should never fall below 4.5 percent. Mr. Joseph said a major factor causing the State to be is in this position now is because the contributions went down to zero when the stock market was doing well. He said no one should have believed the stock market would continue to do well forever and the situation the State is in now never should have happened. Report from the County Attorney Mr. Wood reported the County completed an exchange of parcels with Cornell University which was necessary before construction could begin on the new 911 Center. Report from the Finance Director Mr. Squires referred to Mr. Joseph's comments in regard to tax-exempt properties and stated the State does reimburse towns for property taxes forestland, but not counties. Mr. Squires reported on the recent sale of bond anticipation notes, and said he received record interest rates of 1.2 percent. He announced all counties are in the process of receiving a bond rating review. He said next week the County will be refunding 1995 bond issues which will be priced on March 25. Part of that process requires a bond rating or insurance. He said in speaking to the rating analysts, concern was expressed about the County because of the current financials when compared to 1999. Mr. Squires spoke of the Comptroller's proposed pension rate and said the County would be facing a serious hurdle in 2004. 116 March 18, 2003 Addition of Resolution(s) to the Agenda No resolution(s) were added to the agenda. Withdrawal of Resolution(s) from the Agenda No resolution(s) were withdrawn from the Agenda. Approval of Resolution(s) and Appointment(s) Under the Consent Agenda It was MOVED by Mr. Penniman, seconded by Mr. Booth, and unanimously adopted by voice vote by members present, to approve the following resolution(s) under the Consent Agenda: RESOLUTION NO. 45 - CORRECTION OF TAXES - TOWN OF ITHACA (55:1-1) MOVED by Mr. Penniman, seconded by Mr. Booth, 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 2002 tax roll of the Town of Ithaca, namely parcel 55.-1-1, assessed to the City of Ithaca, was erroneously charged for the Ithaca Fire Protection, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the entry on the tax roll of $9,719.00 be corrected to reflect a total of $129.00, RESOLVED, further, That the Town of Ithaca Tax Collector is directed to correct the 2002 tax roll, RESOLVED, further, That the amount of $9,590.00 be charged back to the Town of Ithaca. SEQR ACTION: TYPE II -20 RESOLUTION NO. 46 - APPROVAL OF CONTRACT FOR ARTS AND CULTURE STABILIZATION - COMMUNITY ARTS PARTNERSHIP MOVED by Mr. Penniman, seconded by Mr. Booth, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the Board of Representatives has contracted with Community Arts Partnership ("CAP") 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, CAP recognizes that the local arts and cultural community is a valuable and unique asset, and a need exists to harness the power of the arts to develop tourism growth, and if strategically managed, would stabilize and develop these assets to better serve tourists through well-planned marketing efforts, and WHEREAS, the results would offer improved access to purchasing tickets to the arts and cultural events, and strengthen assets by directing organizations to long-term planning and coordination, and WHEREAS, the arts and cultural community would better position itself in the marketplace to attract more visitors to Tompkins County, thus generating more dollars into the local economy, and WHEREAS, these improvements are intended to further the County's tourism program, and WHEREAS, the Stabilization and Development of Arts and Cultural Tourism Assets Plan for $74,250 has been reviewed and recommended by the Strategic Tourism Planning Board, now therefore be it RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee, That the County Administrator or his designee is authorized to execute an amendment to the Community Arts Partnership contract for $74,250 to carry out two tasks outlined in the plan, namely: 117 March 18, 2003 B) Create comprehensive arts marketing plan; and C) Develop and implement plan for financial and operational stabilization SEQR ACTION: TYPE II -20 RESOLUTION NO. 47 — DECREASE IN HOURS OF PLANNING ANALYST POSITION — PLANNING DEPARTMENT MOVED by Mr. Penniman, seconded by Mr. Booth, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the Department of Planning's 2003 budget included a reduction in hours for the position of Planning Analyst from 40.0 to 35.0 hours per week, and WHEREAS, it is the intention of the Planning Department to make this change permanent, now therefore be it RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee, That the following position be decreased from 40.0 to 35.0 hours per week effective March 24, 2003: Planning Analyst, labor grade (N), (14/684), white collar RESOLVED, further, That no change in the 2003 budget is needed to accomplish this change. SEQR ACTION: TYPE II -20 RESOLUTION NO. 48 - APPROVAL OF BYLAWS OF THE TOMPKINS COUNTY PLANNING ADVISORY BOARD MOVED by Mr. Penniman, seconded by Mr. Booth, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the Tompkins County Planning Advisory Board was created in 1995 by amendment of the Tompkins County Charter and Code (Local Law No. 1 of 1995), and WHEREAS, the Charter and Code provides that the Planning Advisory Board has the authority to draft bylaws for approval by the Board of Representatives, and WHEREAS, the members of the Planning Advisory Board approved bylaw revisions on February 26, 2003, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the Planning Advisory Board Bylaws on file with the Clerk of the Board be approved. SEQR ACTION: TYPE II -20 RESOLUTION NO. 49 - BUDGET ADJUSTMENT — OFFICE FOR THE AGING MOVED by Mr. Penniman, seconded by Mr. Booth, 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 adjustment on his books: HEALTH AND HUMAN SERVICES COMMITTEE Office for the Aging Revenue Acct Title Amt Approp Acct Tit1e(s1 6775 44772 Federal Revenue $8,629.20 6775 51000060 Title V Workers 6775 44772 Federal Revenue $ 730.18 6775 58800 Fringes 118 March 18, 2003 Explanation: Re -appropriation of unused Federal monies to be used in 2003 for Title V Program (Senior Community Employment). SEQR ACTION TYPE II -20 RESOLUTION NO. 50 - AUTHORIZATION TO INCREASE HOURS - ENVIRONMENTAL HEALTH AND WIC PROGRAM - HEALTH DEPARTMENT MOVED by Mr. Penniman, seconded by Mr. Booth, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, Environmental Health has 1.0 FTE Public Health Sanitarian position unfilled, funded .50 FTE as one-time funding and .50 FTE in base budget funding, and WHEREAS, the division has evaluated the best use of those funds and reorganized the workload among existing employees to accomplish the functions of the department and eliminate the need to hire additional staff, now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, That one position of Senior Public Health Engineer (89/240), labor grade S, competitive class, be increased from 35.0 hours to 37.5 hours per week, effective immediately through December 31, 2003, RESOLVED, further, That one position of Public Health Engineer, (15/640), labor grade 0, competitive class, be increased from 35.0 hours to 37.5 hours per week, effective immediately through December 31, 2003, RESOLVED, further, That five positions of Public Health Sanitarian, (14/595), labor grade N, competitive class, be increased from 35.0 hours to 37.5 hours per week effective immediately through December 31, 2003, RESOLVED, further, That three positions of Senior Public Health Sanitarian, (16/607), labor grade P, competitive class, be increased from 35.0 hours to 37.5 hours per week, effective immediately through December 31, 2003, RESOLVED, further, That one position of Public Health Sanitarian is currently filled by an employee working in the WIC Program, and in order for the payroll system to handle the combined hours over 35.0 hours per week, the WIC Program Nutrition Aide, (08/524), labor grade H, competitive class, position must also be increased from 35.0 hours to 37.5 hours per week effective immediately, RESOLVED, further, That no additional funds are required to accommodate this change. SEQR ACTION: TYPE II -20 RESOLUTION NO. 51- AUTHORIZATION TO INCREASE HOURS - SENIOR ACCOUNT CLERK TYPIST AND COMMUNITY HEALTH NURSE - CHILDREN WITH SPECIAL CARE NEEDS - HEALTH DEPARTMENT MOVED by Mr. Penniman, seconded by Mr. Booth, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the Children with Special Care Needs Program (CSCN) has reorganized to address the early retirement of the Supervising Community Health Nurse and the workload among several employees, and WHEREAS, the Children with Special Care Needs Program has a .60 FTE Senior Account Clerk Typist (09/529), labor grade I, competitive class, and a .50 FTE Community Health Nurse (15/580), labor grade 0, competitive class, now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, That the position of Senior Account Clerk Typist (09/529), labor grade I, competitive class, be increased from 21.0 hours to 35.0 hours per week, effective immediately, 119 March 18, 2003 RESOLVED, further, That the .50 FTE Community Health Nurse (15/580), labor grade 0, competitive class, be increased from 17.5 hours to 35.0 hours per week, effective immediately, RESOLVED, further, That no additional funds are required to accommodate this change. SEQR ACTION: TYPE II -20 RESOLUTION NO. 52 - AWARD OF BID - DOUBLE DRUM VIBRATORY ROLLER - HIGHWAY DEPARTMENT MOVED by Mr. Penniman, seconded by Mr. Booth, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the Department of Finance - Division of Purchasing has duly advertised for bids for a Double Drum Vibratory Roller for use by the Tompkins County Highway Department, and WHEREAS, five (5) bids were received and publicly opened on February 28, 2003, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the bid from Gateway Equipment Corporation be rejected as non-responsive, as the bid contained unacceptable deviations, RESOLVED, further, That the bid be awarded to Monroe Tractor from Henrietta, New York, as the lowest responsible bidder with a bid price of $81,800, including trade-in allowance, and extended warranty option, RESOLVED, further, That the funds are available in the Highway Department budget, Account No. 5130.52233. SEQR ACTION: TYPE II -20 RESOLUTION NO. 53 - AWARD OF BID - PORTABLE ASPHALT MILLING/ TRENCHING MACHINE WITH TRANSPORT TRAILER - HIGHWAY DEPARTMENT MOVED by Mr. Penniman, seconded by Mr. Booth, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the Department of Finance - Division of Purchasing las duly advertised for bids for a Portable Asphalt Milling/Trenching Machine with Transport Trailer for use by the Tompkins County Highway Department, and WHEREAS, one (1) bid was received and publicly opened on February 19, 2003, now therefore RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the bid be awarded to Asphalt Zipper, Inc., of Pleasant Grove, Utah, as the lowest responsible bidder with a bid price of $78,225, RESOLVED, further, That the funds are available in the Highway Department budget Account No. 5130.52233. SEQR ACTION: TYPE II -20 be it RESOLUTION NO. 54 - AWARD OF BID - PNEUMATIC TIRE ROLLER - HIGHWAY DEPARTMENT MOVED by Mr. Penniman, seconded by Mr. Booth, and unanimously adopted by voice vote by members present under the Consent Agenda. 120 March 18, 2003 WHEREAS, the Department of Finance - Division of Purchasing has duly advertised for bids for a Pneumatic Tire Roller for use by the Tompkins County Highway Department, and WHEREAS, six (6) bids were received and publicly opened on February 18, 2003, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the bid be awarded to Gateway Equipment Corporation, of East Syracuse, New York, as the lowest responsible bidder with a bid price of $43,900, RESOLVED, further, That the funds are available in the Highway Department budget, Account No. 5130.52233. SEQR ACTION: TYPE II -20 RESOLUTION NO. 55 - REDUCTION OF HOURS - SOLID WASTE MANAGER MOVED by Mr. Penniman, seconded by Mr. Booth, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the Solid Waste Manager wishes to reduce the standard work week of the Solid Waste Manager position from forty (40) hours per week to thirty-five (35) hours per week for reasons of fiscal economy of the operation, and WHEREAS, reduction in hours would be beneficial to the taxpayers of the County, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the standard workweek for the position of Solid Waste Manager (88/257) shall be reduced from forty (40) hours per week to thirty-five (35) hours per week, effective March 16, 2003. SEQR ACTION: TYPE II -20 RESOLUTION NO. 56 - CONVERTING CONSOLIDATED HIGHWAY IMPROVEMENT PROGRAM OPERATIONS AND MAINTENANCE TO CONSOLIDATED HIGHWAY IMPROVEMENT PROGRAM CAPITAL MOVED by Mr. Penniman, seconded by Mr. Booth, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, over 1,600 units of local government rely on essential New York State highway and bridge funding through the Consolidated Highway Improvement Program (CHIPs), and WHEREAS, enacted in 1981 - 1982, CHIPs replaced a dedicated stream of motor vehicle taxes and fees that Counties were collecting and using for the upkeep of the maintenance and repair of the local transportation system, and WHEREAS, local governments are responsible for 93,500 of New York State's 110,000 centerline miles (eighty-five percent), most of which need significant repair to keep condition levels from deteriorating to "poor", and WHEREAS some progress has been made to address the local bridge deficiency levels across New York, but nearly half of the 9,000 local bridges are structurally deficient and in need of structural repair, and WHEREAS, investments in the local transportation infrastructure lead to safer motor vehicle travel, and serve to provide a multiplier effect that benefits the local economy, and WHEREAS, since 2001, the State of New York has withheld $60 million in CHIPs Operations and Maintenance Aid (O&M) for Counties outside New York City by not authorizing the annual appropriation out of the general fund, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That Tompkins County urges the State of New York to continue to invest in the local transportation system by converting 121 March 18, 2003 the $60 million lost in CHIPs O&M since 2001 to the CHIPs Capital Program, similar to what was provided to the Towns, Cities, and Villages in the 2002-2003 New York State Budget, RESOLVED, further, That Tompkins County shall forward copies of this resolution to Governor George E. Pataki, the New York State Legislature, Senator John R. Kuhl, Jr., Senator James Seward, Senator Michael Nozzolio, and Assemblyperson Barbara Lifton, and all others deemed necessary and proper. SEQR ACTION: TYPE II -20 Appointment(s) Approved Under the Consent Agenda It was MOVED by Mr. Penniman, seconded by Mr. Booth, and unanimously adopted by voice vote by members present, to approve the following appointment(s) under the Consent Agenda: Tompkins County Youth Board Peggy Hubbell - Town of Enfield Representative - term to expire December 13, 2004 Family Court Advisory Council Christine Manning - Department of Social Services Representative - term to expire December 31, 2003 Criminal Justice Advisory/Alternatives to Incarceration Board M. John Sherman - County Court Judge Representative - term to expire December 31, 2003 Susan Hatch - Law Guardian Representative - term to expire December 31, 2004 Nell Mondy - Crime Victims Representative - term to expire December 31, 2004 Soil and Water Conservation District Daniel J. Carey - Farm Bureau Representative - term to expire December 31, 2004 Strategic Tourism Planning Board Jamie Grady - Arts Representative - term to expire December 31, 2003 Water Resources Council Daniel Winch - County Representative - term to expire December 31, 2005 Planning Advisory Board Dooley Kiefer - Planning Committee Chair or Designee - term to expire December 31, 2003 Economic Development Loan Oversight Committee Dooley Kiefer - Board of Representatives - Serve at the Pleasure of the Board Michael Lane - Alternate Report and Presentation of Resolution(s) from the Planning, Development, and Environmental Quality Committee Mr. Lane, Chairman, reported the Committee met on March 5th and heard from the Strategic Tourism Planning Board; business from that part of the meeting is reflected in resolutions on this evening's agenda. The Committee heard from Richard Driscoll of the Community Arts Partnership about a proposal for the approval of contracts for arts and culture tourism asset stabilization. This is a program that will provide longer-term funding for organizations; monies for this come from Room Tax and new monies. He said this will also stabilize arts and cultural organizations and can move forward in this integration to develop Tompkins County and the City of Ithaca into a center for arts and culture. 122 March 18, 2003 Mr. Lane reported the Committee heard from Tompkins County Area Development on IDA activities; the Board will consider resolutions authorizing bonding for projects in the resolutions following this report. He reported the Air Service Task Force is working to determine if there is enough local support to pursue state and federal grants to improve air service. The Planning Department reported it continues to work on its Comprehensive Plan and a draft should be available by the end of the year. There was also discussion about multi-year planning for technical -assistance agreements that was discussed during the budget review process last fall. He said if the County is trying to establish a position similar to the Circuit Rider position in the Planning Department and wants that position to be paid for by contracts with other municipalities for planning services, the County needs to be ready to commit to three-year agreements. Mr. Lane said the Planning Department has stated that unless the County is ready to make that commitment, it may not be a good idea to hire an employee. At the recommendation of the Planning Commissioner, the Committee will take a while longer before making a recommendation to the full Board on how to proceed. Mr. Lane said he is in the process of setting up an additional meeting because the Committee did not finish all of the items on the agenda for that meeting. Ms. Kiefer inquired about the bonding issue for the refinancing of Kendall and asked why it is not on this evening's agenda. Mr. Stamm, Tompkins County Area Development President, said the required public hearing has not yet been held; it will be brought before the Board at a later date. Mr. Stamm briefly explained the process the Industrial Development Agency uses in approving projects. Mr. Booth said in the future prior to the Board meeting, he would like the Board to receive a memo from TCAD describing the project and a summary of why it's being recommended. Mr. Stamm said he would do this in the future. Mr. Joseph stated it is important for the Board to remember it has authorized the IDA to examine projects and present the Board with a resolution to approve the bonding. He said he does not want this Board to become another level of review for those projects. RESOLUTION NO. 57 - APPROVING THE ISSUANCE BY THE TOMPKINS COUNTY INDUSTRIAL DEVELOPMENT AGENCY OF UP TO $20,000,000 CIVIC FACILITY REVENUE BONDS (COMMUNITY DEVELOPMENT PROPERTIES, ITHACA, INC. PROJECT), SERIES 2003 IN ACCORDANCE WITH SECTION 147(F) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED (THE "CODE") MOVED by Mr. Lane, seconded by Mr. Totman. Ms. Kiefer said the title of this resolution does not state what the project is and requested that more informative language be added to the title. She also stated there have been changes made to the language pertaining to the public hearing in the resolution since it was adopted by the Planning Committee. The resolution acted on at the Planning, Development and Environmental Quality Committee also came from the Bond Counsel, and characterized the Board's public hearing as being held to "consider both the issuance of the Bonds and the nature and location of the facilities fmanced". It was stated by Mr. Lane and Mr. Stamm that this resolution was prepared and submitted to the Board by the IDA's Bond Counsel. Although members were sympathetic to the concerns expressed by Ms. Kiefer, there was a general feeling that support should be given to the most recent version submitted by bond counsel. Mrs. Covert, Clerk of the Board, stated she received revised resolutions since the Planning Committee met and approved the resolutions. She said the resolutions placed on the Board agenda are the latest versions submitted by Bond Counsel. 123 March 18, 2003 Ms. Kiefer said she agrees the City needs parking for all of its projects; however, she is concerned about the lack of analysis that has been done with respect to traffic. She is also concerned about the fact that the bottom of the seven -story garage is dedicated to unspecified retail that may or may not compete with existing businesses downtown. She also said she is concerned that the garage will somewhat impact the output of the solar panels on the Tompkins County Public Library and no mitigation actions or decisions have been made. Although she agrees garage improvements are needed, she cannot support the resolution for the reasons she has stated. A voice vote resulted as follows: Ayes - 13, Noes - 1 (Representative Kiefer); Excused - 1 (Representative Proto). RESOLUTION ADOPTED. WHEREAS, the Tompkins County Board of Representatives (the "Board of Representatives"), as the elected legislative body of Tompkins County, New York (the "County") has been advised by the Tompkins County Industrial Development Agency (the "Issuer") that, in order to assist in the financing of a certain Project (as defined below) for the benefit of Community Development Properties, Ithaca, Inc., a Delaware not-for-profit corporation (the "Company") the Issuer proposes to issue, contingent upon the adoption of this Resolution, its Civic Facility Revenue Bonds (Community Development Properties, Ithaca, Inc. Project), Series 2003, in an aggregate principal amount not to exceed $20,000,000 (the "Bonds"), and WHEREAS, the project (the "Project") shall consist of (A) the acquisition by the Issuer of an interest in an approximately one -acre parcel of land located on South Cayuga Street adjacent to the Tompkins County Public Library, in the City of Ithaca, Tompkins County, New York (the "Parking Garage Land") and additional parcels adjacent thereto containing in the aggregate approximately .4 acres (the "Creek Walk Land" and, collectively with the Parking Garage Land, the "Land"); (B) the construction upon the Parking Garage Land of (i) an approximately 267,000 square -foot seven -story public parking garage containing approximately 700 parking spaces (the "Parking Garage") and (ii) an approximately .1 mile public use Creek Walk along Six Mile Creek (the "Creek Walk" and collectively with the Parking Garage, the "Improvements"); (C) the acquisition and installation in and around the Improvements of certain machinery, equipment and other items of tangible personal property (the "Equipment" and, collectively with the Land and the Improvements, the "Facility"); (D) paying certain costs and expenses incidental to the issuance of the Bonds (the costs associated with items (A) through (D) above being hereinafter collectively referred to as the "Project Costs"); (E) the financing of all or a portion of the costs of the foregoing by the issuance of the Bonds in one or more issues or series in a maximum aggregate principal amount of $20,000,000; and (F) the lease (with an obligation to purchase) or sale of the facilities financed with the Bonds to the Company or such other person as may be designated by the Company and agreed upon by the Issuer, and WHEREAS, the Company is an entity described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the "Code") and will undertake to build and operate the Facility for the benefit of the public and to lessen the City of Ithaca's governmental burden of maintaining and improving the attractiveness and economic well-being of the central business district of the City of Ithaca, and WHEREAS, the Issuer proposes to assist in the financing of the Project by issuing the Bonds to: (i) pay all or a substantial portion of the cost of financing the Project, and (ii) pay reserves and costs incidental to the issuance of the Bonds, and WHEREAS, the City of Ithaca Planning Board, pursuant to Article 8 of the Environmental Conservation Law and Regulations adopted thereto by the Department of Environmental Conservation of the State (collectively "SEQR"), determined on February 18, 2003, that the Project will not have a significant effect on the environment within the meaning of SEQR, and WHEREAS, pursuant to Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), interest on the Bonds will not be excluded from gross income for Federal income tax purposes unless the issuance of the Bonds is approved by the Board of Representatives after a public hearing to consider the issuance of the Bonds has been conducted following reasonable public notice, and WHEREAS, on February 18, 2003, the Issuer held such a public hearing upon proper notice in compliance with the Code, and 124 March 18, 2003 WHEREAS, to aid the Board of Representatives in its deliberations, the Issuer has made available to the members of the Board of Representatives prior to this meeting (a) the Company's application to the Issuer for financial assistance; (b) the notice of public hearing published by the Issuer on January 17, 2003, in The Ithaca Journal, along with the affidavits of publication of such newspaper; and (c) the minutes of such public hearing held on February 18, 2003, and WHEREAS, the Board of Representatives, after due consideration of the foregoing, as the "applicable elected representative" of Tompkins County, New York, within the meaning of Section 147(f)(2)(E) of the Code, desires to approve the issuance of the Bonds, provided that the principal, premium, if any, and interest on the Bonds shall be special obligations of the Issuer and shall never be a debt of the State of New York (the "State") or any political subdivision thereof, including without limitation Tompkins County, and neither the State nor any political subdivision thereof, including without limitation Tompkins County, shall be liable thereon, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That: Section 1. For the purpose of satisfying the approval requirement of Section 147(0 of the Code, on the recommendation of the Tompkins County Planning, Development and Environmental Quality Committee, the Board of Representatives hereby gives its approval of the issuance by the Issuer of the Bonds and related acts to be taken by the Issuer as part of the Project, provided that the Bonds, and the premium (if any) and interest thereon, shall be special obligations of the Issuer and shall never be a debt of the State or any political subdivision thereof, including without limitation Tompkins County, and neither the State nor any political subdivision thereof, including without limitation Tompkins County, shall be liable thereon. This approval is given pursuant to Section 147(0 of the Code for the sole purpose of qualifying the interest payable on the Bonds for exclusion from gross income for Federal income tax purposes pursuant to the provisions of Sections 103 and 141-150 of the Code. Section 2. This Resolution shall be deemed to be made for the benefit of the holders of the Bonds. Section 3. This Resolution shall take effect immediately. SEQR ACTION: TYPE II - 20 RESOLUTION NO. 58 - APPROVING THE ISSUANCE BY THE TOMPKINS COUNTY INDUSTRIAL DEVELOPMENT AGENCY OF UP TO $10,000,000 CIVIC FACILITY REVENUE BONDS (CDP, CORNELL, INC. PROJECT), SERIES 2003 IN ACCORDANCE WITH SECTION 147(F) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED (THE "CODE") MOVED by Mr. Lane, seconded by Mr. Booth. Ms. Kiefer expressed the same concerns that are noted in the above resolution. She said this resolution includes a conference center; however, the Board received a report that stated such a conference center is not feasible and questioned why it would be included in this resolution. She also stated the public hearing was held a couple of months prior to the completion of the City's SEQR review. She does not believe an appropriate public hearing has been held with complete information. Mr. Penniman expressed concern about the size of the tax abatement for the hotel and the cost of public funding for parking and his questions have not been answered yet. But since he is on the IDA he expects to have answers to his question before the IDA votes. A voice vote resulted as follows: Ayes - 13, Noes - 1 (Representative Kiefer); Excused - 1 (Representative Proto). RESOLUTION ADOPTED. WHEREAS, the Tompkins County Board of Representatives (the "Board of Representatives"), as the elected legislative body of Tompkins County, New York (the "County") has been advised by the Tompkins County Industrial Development Agency (the "Issuer") that, in order to assist in the financing of a certain Project (as defined below) for the benefit of CDP, Cornell, Inc. a New York not-for-profit corporation (or such other appropriate not-for-profit corporation) (the "Company") the Issuer proposes to 125 March 18, 2003 issue, contingent upon the adoption of this Resolution, its Civic Facility Revenue Bonds (CDP Cornell, Inc. Project), Series 2003, in an aggregate principal amount not to exceed $10,000,000 (the "Bonds"), and WHEREAS, the project (the "Project") shall consist of: (A) (i) the acquisition of an interest in an approximately .63 acre parcel of land located on the northwest corner of North Tioga Street and East Seneca Street, in the City of Ithaca, Tompkins County, New York (the "Land"); (ii) the construction on the Land of approximately 55,000 square -feet of office and related space and an approximately 20,000 square foot conference center (the "Improvements") within an approximately 9 -story 175,000 square -foot building (the "Building"); (B) the acquisition and installation in and around the Improvements of certain items of machinery, equipment and other items of tangible personal property (the "Equipment", and collectively with the Improvements, the "Facility"); (C) the leasing of the Facility from the Company to Cornell University for use as administrative offices; (D) paying certain costs and expenses incidental to the issuance of the Bonds (the costs associated with items (A) through (D) above being hereinafter collectively referred to as the "Project Costs"); and (E) the lease (with an obligation to purchase) or sale of the facilities financed with the Bonds to the Company or such other person as may be designated by the Company and agreed upon by the Issuer, and WHEREAS, the Company is (or will be) an entity described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the "Code") and will undertake to build and operate the Facility for the benefit of the public and to lessen the City of Ithaca's governmental burden of maintaining and improving the attractiveness and economic well-being of the central business district of the City of Ithaca, and WHEREAS, the Issuer proposes to assist in the financing of the Project by issuing the Bonds to: (i) pay all or a substantial portion of the cost of financing the Project, and (ii) pay reserves and costs incidental to the issuance of the Bonds, and WHEREAS, the City of Ithaca Planning Board, pursuant to Article 8 of the Environmental Conservation Law and Regulations adopted thereto by the Department of Environmental Conservation of the State (collectively "SEQR"), determined on February 18, 2003, that the Project will not have a significant effect on the environment within the meaning of SEQR, and WHEREAS, pursuant to Section 147(0 of the Internal Revenue Code of 1986, as amended (the "Code"), interest on the Bonds will not be excluded from gross income for Federal income tax purposes unless the issuance of the Bonds is approved by the Board of Representatives after a public hearing to consider the issuance of the Bonds has been conducted following reasonable public notice, and WHEREAS, on December 2, 2002, the Issuer held such a public hearing upon proper notice in compliance with the Code, and WHEREAS, to aid the Board of Representatives in its deliberations, the Issuer has made available to the members of the Board of Representatives prior to this meeting (a) the Company's application to the Issuer for fmancial assistance; (b) the notice of public hearing published by the Issuer on November 1, 2002, in The Ithaca Journal, along with the affidavits of publication of such newspaper, and (c) the minutes of such public hearing held on December 2, 2002, and WHEREAS, the Board of Representatives, after due consideration of the foregoing, as the "applicable elected representative" of Tompkins County, New York, within the meaning of Section 147(f)(2)(E) of the Code, desires to approve the issuance of the Bonds, provided that the principal, premium, if any, and interest on the Bonds shall be special obligations of the Issuer and shall never be a debt of the State of New York (the "State") or any political subdivision thereof, including without limitation Tompkins County, and neither the State nor any political subdivision thereof, including without limitation Tompkins County, shall be liable thereon, now therefore be it RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee, That: Section 1. For the purpose of satisfying the approval requirement of Section 147(0 of the Code, on the recommendation of the Tompkins County Planning, Development and Environmental Quality Committee, the Board of Representatives hereby gives its approval of the issuance by the Issuer of the Bonds and related acts to be taken by the Issuer as part of the Project, provided that the Bonds, and the premium (if any) and interest thereon, shall be special obligations of the Issuer and shall never be a debt of the State or any political subdivision thereof, including without limitation Tompkins County, and neither the State nor any political subdivision thereof, including without limitation Tompkins County, 126 March 18, 2003 shall be liable thereon. This approval is given pursuant to Section 147(0 of the Code for the sole purpose of qualifying the interest payable on the Bonds for exclusion from gross income for Federal income tax purposes pursuant to the provisions of Sections 103 and 141-150 of the Code. Section 2. This Resolution shall be deemed to be made for the benefit of the holders of the Bonds. Section 3. This Resolution shall take effect immediately. SEQR ACTION: TYPE II - 20 Explanation: This project is the office building part of the Cornell-Ciminelli hotel and office building projects, land for which may need to be acquired by eminent domain. RESOLUTION NO. 59 - FUNDING OF TOURISM DEVELOPMENT GRANTS MOVED by Mr. Lane, seconded by Mrs. Schuler, 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 Planning, Development and Environmental Quality Committee with the advice of the Strategic Tourism Planning Board, now therefore be it RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee, That the following grants are approved: Southside Community Center - Juneteenth 2003: Family Reunion ..$ 2,795 Hangar Theatre - Dramatic Getaway to Ithaca Package $ 3,500 Music in Motion and Ithaca Festival - National Dance Week -Sharing Our Cultures $ 2,000 Ithaca Downtown Partnership - Downtown Ithaca Holidays Around the World .$ 3,500 Historic Ithaca - A Pair of Country Concerts $ 2,500 Community Arts Partnership - Enhanced Guide/Map Distribute Art Trail $ 2,500 Ithaca Hours - Local Currencies in Global Economy Conference $ 2,000 Discovery Trail (PRI) - Discovery Month and Summer '03 Calendar .$ 2,500 Cayuga Chimes - Winter Barbershop Open Invitational ..$ 2,500 TC Chamber Foundation - Hike and Bike Ithaca -Tompkins (HaBIT) Brochure $ 2,500 Ithaca Festival - Ithaca Festival 2003 $ 2,500 Newfield Historical Society - Historic Newfield Tour Guide $ 1,345 Finger Lakes Runners Club - Finger Lakes Running (Races) $ 1000 TOTAL $32,140 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. 60 - FUNDING OF COMMUNITY CELEBRATIONS GRANTS MOVED by Mr. Lane, seconded by Ms. Herrera, and unanimously adopted by voice vote by members present. 127 March 18, 2003 WHEREAS, Tompkins County has a grant program for community celebrations 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 Planning, Development and Environmental Quality Committee with the advice of the Strategic Tourism Planning Board, now therefore be it RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee, That the following grants are approved: Town of Newfield - Newfield Old Home Days $ 1,150 Town of Newfield - 150th Anniversary of Newfield Covered Bridge $ 2,000 Village of Freeville - Freeville Enrichment Through Events $ 500 Village of Trumansburg - Trumansburg Agricultural Events $ 1,500 Town of Danby - Danby Fun Days & Parade $ 1,500 Village of Dryden - Dryden Old Home Days, Revisited $ 1,885 Town of Lansing - Music in the Park $ 1,000 TOTAL $ 9,535 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 Report from the Consumer and Community Affairs Committee Ms. Kiefer, Chair, reported the Committee will meet on March 19th at 2:30 p.m. Report and Presentation of Resolution(s) from the Government Operations Committee Mr. Koplinka-Loehr, Chairman, reported the Committee met on March 13th and most of the business will be reflected in resolutions that will appear on an upcoming Board agenda. He said Administration is looking at possible revenue sources within the budget and stated the County Clerk's Office has the option of increasing the Motor Vehicle Use Fee. He reported a proposal will be presented to the Consumer and Community Affairs Committee to increase the Fee to $5; it is currently $2.50. He said the State allows counties to charge a maximum of $10; other nearby counties charge approximately $5. The anticipated amount of annual revenue to be raised by this increase is $140,000. RESOLUTION NO. 61 - CONSENT TO ASSIGNMENT OF AGREEMENT FOR PAYMENT IN LIEU OF TAXES (PILOT) - ELLIS HOLLOW ROAD APARTMENTS MOVED by Mr. Koplinka-Loehr, seconded by Mr. Penniman. Ms. Blanchard declared that the Conifer Group is a client of hers in her personal business; however, she does not have a financial interest in this particular operation. Mr. Joseph did not direct Ms. Blanchard to abstain from voting on the resolution. A voice vote resulted as follows: Ayes - 14, Noes - 0, Excused - 1 (Representative Proto). RESOLUTION ADOPTED. WHEREAS, by Agreement dated November 20, 1973, amended June 22, 1994, the County approved payment in lieu of taxes under Section 125 of the Private Housing Law for senior housing, and WHEREAS, the owner, HOME PROPERTIES, L.P. is in the process of selling said housing known as Ellis Hollow Road Apartments to CONIFER ELLIS HOLLOW, LLC., and WHEREAS, the purchaser is requesting that the existing PILOT Agreement be transferred to it as a part of the sale, and WHEREAS, there appears to be no change in the use of the apartments for senior citizens and the Town of Ithaca has already approved of the transfer, now therefore be it 128 March 18, 2003 RESOLVED, on recommendation of the Government Operations Committee, That the County approve the assignment of the existing PILOT Agreement by HOME PROPERTIES, L.P. to CONIFER ELLIS HOLLOW, LLC., RESOLVED, further, That the County Administrator be authorized to execute the assignment on behalf of the County of Tompkins, RESOLVED, further, That this resolution shall not be considered an extension or renewal of the original term of the PILOT Agreement. SEQR ACTION: TYPE II -20 Report and Presentation of Resolution(s) from the Budget and Capital Committee Mr. Penniman, Chairman, reported he was out of town when the Committee met on March 11t. He asked Mr. Booth, Vice Chair, to report on business conducted at that meeting. Mr. Booth reported the Committee spent a good amount of time discussing the State budget, the SPCA proposal that will be presented to the Board at a later date, and the resolutions that were included on the agenda for this meeting. Mr. Penniman said the next meeting will be March 251 at 11:30 a.m. and at that meeting the Committee will begin to look at preliminary budget figures for 2004. He noted that the County Administrator had said we can't make any significant cuts without eliminating entire programs, which would be policy, not administrative decisions. RESOLUTION NO. 62 - 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 6.75 percent in 2002, and WHEREAS, adjustments necessary to pay the various agencies requires 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 and directed to make the following budget appropriation: BUDGET APPROPRIATION: Available from Appropriation FROM: Contingent Fund Appropriation A1990.54400 $71,730 TO: Budget 2003 Due Amount CDRC A6313.54400 $ 15,736 $ 16,799 $ 1,063 OAR A6315.54400 4,563 4,871 308 HSC Agencies A6305.54400 181,271 193,507 12,236 City of Ithaca — Residual A6901.54666 290,133 345,922 55,789 Towns & Villages — A6950.54666 34,579 36,913 Est. 2.334 $71,730 SEQR ACTION: TYPE II -20 129 March 18, 2003 RESOLUTION NO. 63 - AUTHORIZATION OF NEW YORK STATE DEDICATED TRANSPORTATION TRUST FUND CAPITAL PROJECT SUPPLEMENTAL AGREEMENT NO. 6 - TOMPKINS CONSOLIDATED AREA TRANSIT MOVED by Mr. Penniman, seconded by Mr. Booth, and unanimously adopted by voice vote by members present. 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 No. 6 for $475,631 in State funds to fund fiscal year 2002 capital projects by Tompkins Consolidated Area Transit, now therefore be it RESOLVED, on recommendation of the Budget and Capital Committee, That the Tompkins County Board of Representatives authorizes Supplemental Agreement No. 6 of the Master Agreement for New York State Dedicated Transportation Trust Funds in an amount not to exceed $475,631. SEQR ACTION: TYPE II -20 Report and Presentation of Resolution(s) from the Health and Human Services Committee Ms. Robertson, Chair, reported the Committee met on March 5th and received an overview from the Office for the Aging about their mission, in-house programs, and contract programs. In order to comply with the 2003 budget the Office for the Aging had to reduce housing assistance and employment aid; however, they have been able to maintain core services. Irene Stein, Director of the Office for the Aging, reported there has been a slower response time in responding to citizens and this is due to reductions in staff. Ms. Stein also reported on the Governor's proposed budget for 2003, and said at this time she foresees a $25,000 cut to their programs, which is about ten percent of their local share. The combined State and County cut to COFA is approximately $50,000 for 2003. The Committee also discussed goals and the Recreation Partnership. Ms. Robertson said the next meeting will be March 20 and at that meeting the Committee will hear a report on the State budget and possible reductions in the Health Department budget. Ms. Robertson said Committee members have agreed to write op-ed pieces in the Ithaca Journal and other newspapers. These pieces will focus on key issues the Committee is involved in, and are part of the goal to help educate the public about what programs are administered, in advance of the budget process. Ms. Robertson noted that three resolutions from this Committee relate to staff reorganizations, being carried out in response to cuts in the 2003 budget. The next meeting will be March 20th. RESOLUTION NO. 64 - PROGRAM RECONFIGURATION AND TARGET ADJUSTMENT - RECREATION PARTNERSHIP - YOUTH BUREAU MOVED by Ms. Robertson, seconded by Mr. Booth, and unanimously adopted by voice vote by members present. It was noted the Recreation Partnership has a separate fiscal target within the budget. WHEREAS, the Inter -municipal Recreation Partnership Board has asked the County to be the fiscal agent to receive municipal contributions and to make payments based on the decisions of the Recreation Partnership Board, on which the County has two voting seats, and WHEREAS, the approved Recreation Partnership Agreement calls for the funds to be accounted for separately, and 130 March 18, 2003 WHEREAS, Program 2401, Recreation Partnership is one program within the Youth Bureau and is included in one Fiscal Target for the entire department, now therefore be it RESOLVED, on recommendation of the Health and Human Services and Budget and Capital Committees, That the Fiscal Target for Program 2401 Recreation Partnership be made separate for 2004 in the amount of $38,110 which represents the local share of program expenses less local revenues, RESOLVED, further, That any residual funds from 2002 and 2003 related to Program 2401, (A7021), exclusive of savings in payroll and fringe, be reported separately, RESOLVED, further, That a copy of the approved resolution be sent to each of the participating municipalities. SEQR ACTION: TYPE II -20 RESOLUTION NO. 65 — APPROPRIATION FROM CONTINGENT FUND — TERMINAL PAY — HEALTH DEPARTMENT MOVED by Ms. Robertson, seconded by Mrs. Schuler. A short roll call vote resulted as follows: Ayes - 14, Noes - 0, Excused - 1 (Representative Proto). RESOLUTION ADOPTED. WHEREAS, the Health Department had three employees retire as indicated, Ellen Brazauskas, Community Health Nurse Supervisor (effective December 2, 2002); Patricia Stamm, Administrative Assistant (effective December 30, 2002); and Sharon Haas, Community Health Nurse (effective December 19, 2002), with terminal pay costs totaling $6,014, 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 Health and Human Services and Budget and Capital Committees, That the Director of Finance is hereby authorized and directed to make the following budget appropriation: FROM: A1990.54440 TO: A4010.51000535 A4010.58800 A4016.51000580 A4016.58800 A4047.51000601 A4047.58800 SEQR ACTION: TYPE II -20 Contingent Fund Administrative Assistant Fringes Community Health Nurse Fringes Community Hlth. Nurse Supv. Fringes $6,014 $ 738 $ 192 $1,898 $ 493 $2,137 $ 556 Report from the Public Safety Committee Ms. Blanchard, Chair, reported the Committee met on March 6 and agreed on a set of goals for the Committee. One of those goals is to communicate effectively with the full Board on public -safety issues. At that meeting the Committee received a detailed report from the Assigned Counsel Program. She requested Michelle Pottorff, Deputy Clerk, to provide copies of this report and correspondence that was distributed at the meeting, to all Board members. Ms. Blanchard said Judge Sherman and Judge Rowley were in attendance at that meeting and briefed the Committee on the Integrated Domestic Violence Court, which Tompkins County will have in place, probably before the year is out. This is part of a three-year comprehensive plan announced by Chief Judge Judith Kaye, in her 2003 State of the Judiciary message. These courts operate on the principle of "one family, one judge", which allows a single judge to hear all related cases involving a domestic -violence victim and his/her family. She said this is an unfunded mandate but has some very positive benefits. The next meeting will be March 20th. At that meeting the Committee will review a revised Scope of Work from Jacobs Facilities. 131 March 18, 2003 Report from the Facilities and Infrastructure Committee Mr. Booth, Chairman, reported the Committee met on March 11 and heard a discussion on the Beach Road Bridge in the Town of Newfield. He said the County, acting with Town officials, closed that bridge due to safety concerns. In the next few months they will be looking to remove that bridge and storing it on Town land. Mr. Booth said Historic Ithaca has been in the process of making an application for restoration; however, it is unknown when a decision will be made on that. At the present time County officials are looking at procedures and exploring the New York State Department of Environmental Conservation's requirements for stream protection during removal of the bridge. The committee also heard a report from Pete Messmer, Highway Manager, on the 2001 Status of County Roads Report. It was noted that the County's level of investment necessary to maintain roads has been declining; therefore the general condition of County roads is declining to some degree. The Committee also discussed the County's current list of bridge project priorities that was presented by staff. Report from the Charter Review Committee Mr. Lane, Chair, asked Board members to comment and/or make amendments at this time to the Charter. This will allow time for approved amendments to be incorporated in the Charter and hold a public hearing in a timely manner prior to adopting the Charter. It was MOVED by Ms. Blanchard, seconded by Mr. Booth, to amend Section 2.10 Reapportionment of the Tompkins County Legislature as follows: (b) The Tompkins County Legislature in planning said reapportionment shall appoint a committee on reapportionment consisting of not less than 5 or more than 9 citizens who are not elected officials to assist it in arriving at a plan of reapportionment. Following a brief discussion, a voice vote resulted as follows: Ayes - 6 (Representatives Blanchard, Booth, Penniman, Robertson, Todd, and Totman); Noes - 8 (Representatives Herrera, Kiefer, Koplinka-Loehr, Lane, McBean, Schuler, Winch, and Joseph); Excused - 1 (Representative Proto). MOTION FAILED. It was MOVED by Ms. Kiefer, seconded by Ms. Blanchard, to amend Section 2.11 Standards of Reapportionment as follows: The Tompkins County Legislature shall, in approving a plan of reapportionment, be guided by the goal of equality of representation consistent with the policies of the state legislature as interpreted by the courts of appropriate jurisdiction. To this end the County Legislature shall strive to minimize the population variance among districts while taking into account the following additional standards: F-actoro to oo oidci are Compactness of districts; Practicable consistency with existing municipal boundaries and neighborhoods within Tompkins County; and Balance and reasonableness of representation for the diversity of citizens residing in all parts of the county. A voice vote resulted as follows: Ayes - 4 (Representatives Blanchard, Kiefer, Schuler, and Winch) Noes - 10; Excused - 1 (Representative Proto). MOTION FAILED. It was MOVED by Ms. Blanchard, seconded by Ms. Herrera, to amend Section 4.01 County Board of Assessment Review; Composition; Terms of Office; Qualifications; Duties; Procedure for 132 March 18, 2003 Review of Assessment. Local Advisory Boards of Assessment Review; Composition; Duties as follows: (b) Local Advisory Boards of Assessment Review. There shall be a Local Advisory Board of Assessment Review for each city and town in the County, consisting of three members twe to be appointed annually by the respective local government legislative body and who shall be qualified electors and owners of real property in such city or town. A voice vote resulted as follows: Ayes - 7 (Representatives Blanchard, Booth, Koplinka-Loehr, McBean, Penniman, Robertson, and Totman); Noes - 7 (Representatives Herrera, Kiefer, Lane, Schuler, Todd, Winch, and Joseph); Excused - 1 (Representative Proto). MOTION FAILED. Ms. Blanchard stated that since it is the direction of the County to move away from one and two person departments, she MOVED to amend the Charter by moving Article 21 Special Traffic Options Program - Driving While Intoxicated (STOP -DWI) to Article 28 Other County Administrative Units, seconded by Ms. McBean. A voice vote resulted as follows: Ayes - 12; Noes - 2 (Representatives Herrera and Schuler); Excused - 1 (Representative Proto). MOTION CARRIED. Mr. Joseph commented that the definition for a Capital Program was slightly different than the Fiscal Policy and suggested the Charter be amended to reflect the Fiscal Policy. It was MOVED by Mr. Booth, seconded by Ms. Blanchard, and unanimously adopted by voice vote by members present, to amend Section 5.01 Operating Budget; Requests as follows: Delete the following sentence in paragraph (a) Submission of Capital Project Requests: "For the purposes of this section "Capital Project" is defined as: any physical betterment or improvement, including furnishings, machinery, apparatus or equipment for such physical betterment when first constructed or acquired, or any preliminary studies and surveys relating to any physical betterment or improvement, or land or rights in land." Add "as defined by the County's Fiscal Policy as may be amended" to the following sentence of paragraph (a) Submission of Capital Project Requests: On or before the date established by the County Administrator each year, the head of each administrative unit and authorized agency contemplating a capital project as defined by the County's Fiscal Policy, as may be amended within the next five (5) years shall furnish to the County Administrator and to the appropriate committee of the Tompkins County Legislature a description, justification and estimate for each capital project is proposed for development during one or more of the ensuing five (5) fiscal years. A capital project is as defined in the County's Fiscal Policy and any amendments thereto. It was MOVED by Mr. Booth, seconded by Mrs. Schuler, and unanimously adopted by voice vote by members present, to add the word "city" to Section 32.10 Local Government Functions, Facilities, and Powers Not Transferred, Altered, or Impaired as follows: No function, facility, duty, or power of any city, town, village, school district, or other district, or of any officer thereof, is transferred, altered or impaired by the Charter. 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 2:30 p.m. Report from the Space Needs and Location Committee Ms. Herrera, Vice Chair, reported the Committee met on March 12 and completed a review of the 133 March 18, 2003 County's Facility Analysis. There was also discussion of the Welliver McGuire plans that were previously prepared and also discussion on the standardization of information. Ms. Herrera said the Committee also entered into an executive session to discuss property negotiations. The next meeting will be April 9th . Approval of Minutes of March 4, 2003 It was MOVED by Ms. Robertson, seconded by Mr. Booth, and unanimously adopted by voice vote by members present, to approve the minutes of March 4, 2003 as submitted. MINUTES APPROVED. Adjournment On motion the meeting adjourned at 8:08 p.m. 134 April 1, 2003 Regular Meeting Public Hearing - Local Law No. 1 of 2003 Chair Joseph called the public hearing to order at 5:30 p.m. concerning proposed Local Law 1 of 2003 - A Local Law Revising Tompkins County Charter and Changing the Name of the Tompkins County Board of Representatives to Tompkins County Legislature. Chair Joseph asked if anyone wished to speak. Cathy Valentino, Town of Ithaca Supervisor, said she read the proposed Tompkins County Charter and felt most of the changes made sense and were workable. However, she wished to speak regarding Section 2.10, Reapportionment, and the manner in which the committee should be appointed. Ms. Valentino said she had indicated a concern previously at a Charter Review Committee meeting that the apportionment committee should be made up of individuals outside of political committees or elected officials. She thought the suggestion had been met favorably at the Committee level and was surprised to see that it was not included in the final draft of the Charter. Ms. Valentino asked the Board to please reconsider this area of the Charter and take the suggestion into consideration. She did indicate that although the Reapportionment Committee may be made up of individuals from other areas of the community the final determination would have to go through the county legislative body for final approval. Ms. Valentino then spoke of the outstanding job that was completed by the Board of Elections and the staff at Information Technology Services during the last reapportionment process. No one else wished to speak and the public hearing was closed 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. Report from a Municipal Official Cathy Valentino, Town of Ithaca Supervisor, spoke to the board on behalf of the Municipal Officer's Association to announce an upcoming dinner meeting on April 22, 2003, and invited members of the Board of Representatives to attend. She provided members of the Board with the agenda and said that she felt previous meetings attended by the Board were successful and looked forward to meeting again to discuss issues of concern to all. She pointed out that one topic of discussion will be the new Planning Coalition and felt that it would be important to receive an update. She commented on how successful and what a good turnout the Planning Coalition has had. Privilege of the Floor by the Public Calvin Criss, City of Ithaca Resident, spoke to the Board about the current situation in Iraq and recent statements given by several Board members and other State legislative representatives. He expressed concern that individuals would comment negatively about the President and the decision to liberate Iraq whild at the same time indicating a support of the military troops. Mr. Criss feels that the troops are in Iraq to liberate the people and that in order to support the troops the government should be supported as well. He expressed disagreement with statements from Mr. Hinchey and feels that lack of support has more to do with what party is in the majority in the higher levels of government and is election driven. He said he along with his family will support President Bush and the government. 135 April 1, 2003 Karen McGuire VanEtten, Town of Newfield Board member and resident, spoke to the Board as a resident concerned about the closing and removal of what she referred to as the King Bridge in Newfield. She made the following statement: "I want the County to know there are many Newfield residents that want to see the King bridge saved. I know that neither the Town has money to save it and that the County does not own it. I found out today from LaBella Engineering that the repairs that were set to be done to the bridge were not. The three repairs that needed to be done immediately were repair of the castings, that was done; but replacing the timber deck was not done, nor was removing the retaining wall in the front of the north abutment and installing a new slope protection, that was not done. I am asking you now to do the bridge repairs that you agreed with Newfield to do, and if you did the repairs it would be able to be opened after an inspection by LaBella. "This bridge connects Bank Street and Main Street. There is no other way around except the very dangerous Route 13 or an equally dangerous County -owned covered bridge that is not made for pedestrians. Right now the school is temporarily bussing kids because they feel it is a safety issue asking children to walk through the covered bridge, but their budget cannot pay for the constant bussing. In the July 2002 traffic study done by the County it was proven that over two hundred cars a day travel through the covered bridge, with a weekly total of 1,472 vehicles per week in that bridge. Those are very bad odds for children against a two thousand pound car. I am also aware that the paperwork is already in the DEC's [Department of Environmental Conservation] hands and I am a little bit worried about that because there are State and Federal grants coming up, including the Environmental Protection Grant that is due on June 201. As far as the buzz word, safety nuisance, that the County and Town have chosen to use, I ask you to look at a real safety nuisance. The Newfield Covered Bridge was set on fire, and if someone wasn't there, the fire could have spread very quickly. Secondly, I have witnessed kids jumping through the covered bridge window with ropes swinging off the covered bridge last summer; also congregating under the bridge, not to mention the lawsuit if someone now gets hurt walking through the covered bridge the County will be the first to be sued and Newfield second. "In many of business management the best way to get people to listen is compromise. I ask that you revisit the three immediate repairs that after being re -inspected will open the bridge, which opens the door for safe passage at all hours of the day for over a hundred residents that now have to use the covered bridge. This will also open the door for local and Federal and State grants, Historic Ithaca, and the New York State Preservation League are presently working on. The school children and girl scouts, boy scouts, and other clubs want to raise money to save the bridge. The King bridge is in the blanket policy of the Town of Newfield, whether they want to admit it or not. I ask that the County not go ahead with removing the bridge, to share the expense that we thought we had already spent and fix the bridge so that we can get the funding to preserve it. If you take the bridge off its axis and put it in a garage somewhere it is not a big selling point to get it preserved for Department of Transportation funding, etc. "I will mention that LaBella was going to fax me this information, but after checking with the County they were asked strongly not to fax it, but if you would like to talk to Susan Masdet who verbally gave me this information she is very happy to talk to you and she is right there with the paperwork. Thank you." Fay Gougakis, City of Ithaca resident, said she wished to apologize for having been upset and coming back to the microphone when last appearing before the Board. Ms. Gougakis wanted to clarify her reason for being upset at the previous meeting and wanted to explain that her request for information at Common Council to discuss emergency preparedness had not been dealt with to her satisfaction. She was attempting to receive a more appropriate answer from the County Board. She stressed again that it is her desire to have a forum to discuss emergency preparedness and said she had talked to City of Ithaca Police Chief Singer who indicated it should not be a difficult task. She then spoke of her concern that we are an international community that is more likely to be subject to being a soft target and the situation like the SARS virus should be a concern to us all. She would like to have her requests understood and if they 136 April 1, 2003 are not, be given the opportunity to clarify it rather than have others assume they know what she is requesting. Privilege of the Floor by Board Members Mr. Koplinka-Loehr, District No. 11 Representative, said he had the opportunity to attend a speaking engagement where Scott Ritter, former weapons inspector in Iraq, spoke for approximately one and half hours with an hour question -and -answer period following. He has video copies of this speaking engagement if anyone would like to review it. He then thanked everyone for the support shown him during his period of fasting in response to the war. Mr. Koplinka-Loehr has chosen to take action to wage peace. He will stop his fast on April 2, 2003, and begin a diet similar to what the Iraqi population presently consumes as a result of the sanctions, consisting of beans and rice. He plans to continue this diet for several weeks. In addition, he has chosen to leave his present employment at Cornell and use the time to become a more pro -active force for changes in areas of his belief. Also, after much discussion with his family, has chosen to pay their taxes this April but will have a letter accompanying the payment indicating in the strongest terms possible their protest about the portion that will support what his family believes to be an unconstitutional war. Mr. Koplinka-Loehr plans to obtain global information rather than the normal sources in order to provide a broader perspective of world events. He said his family will be selective in the manner they make purchases and sustain a global future and redirect their time, energy, and resources toward electing leaders with integrity who will support the use of international agreements rather than wars of aggression as a means of resolving conflict. Lastly, he will continue to educate representatives at the Federal level and attempt to hold them accountable for their stance in what he believes to be a constitutional violation, and will lobby State representatives in person and hope they will reverse what he believes to be an irresponsible shift in the tax burden to the local level. He urged all citizens to become active during these difficult times. Mr. Winch, District No. 8 Representative, read the following statement: "This statement is being written to express our concerns about statements being voiced about our President, national affairs, and international affairs. We do not wish there to be a debate in these Chambers about the foreign affairs/war. That is a private individual matter and should be expressed individually, outside of these Chambers. "No one wants war as war is hell. There are times when we should look to and support our President and the actions of our Congress. We must have faith in their decisions on our behalf, as we do not know all of the information at hand that they have due to the various intelligence agencies. "We believe in and support the Constitution of the United States. We believe in and take the Pledge of Allegiance very seriously, both of which remind us that this government was founded on may principles and is 'one nation under God." "Because of our strong faith in our national government, we support all of our military personnel both at home and abroad. We pray for their safety during the war and the desire to see them return home to this wonderful country, a country where they can practice their respective faith and express openly all of their feelings. "We on the Tompkins County Legislature have major tasks at hand concerning a budget and providing appropriate services to our constituents. Let us work together to do our legislative job well in Tompkins County and express our personal feelings about our national government privately outside of these chambers. "GOD BLESS AMERICA! !" 137 April 1, 2003 Signed: Daniel M. Winch, District No. 8 Legislator; Frank P. Proto, District No. 7 Legislator; Thomas L. Todd, District No. 8 Legislator; George Totman, District No. 9 Legislator Mr. Booth, District No. 3 Representative, thanked Ms. VanEtten for the comments concerning the King Bridge on Beach Road. He said a determination to close the bridge was made as a result of information received by engineers indicating it was unsafe. It is believed that the bridge would create an attractive nuisance and has the potential to lead to injury. It is also Mr. Booth's understanding that removal of the bridge would not jeopardize potential grants. Mr. Lane, District No. 14 Representative, said that on April Fool's Day we have been fooled again with no State Budget. Ms. Robertson, District No. 13 Representative, thanked Mr. Winch for the statement he prepared. She said she feels that due to the impact of Federal spending on constituents there is sufficient reason to review and discuss events and decisions made by the Federal government. She feels discussing the war situation is relevant as it will have ramifications that will come down to the County level. She reported that a resolution in support of troops will be added to the agenda this evening and she will support it. She also feels it is important to understand some decisions in the Federal budget are made without our noticing them, and cited as an example a reduction of $30 billion dollars to veteran's health care, education, and disability benefits, yet the government is presently creating future veterans as a result of the military action. She believes that as long as individuals are respectful that the legislative meeting is an appropriate venue to discuss Federal concerns. Ms. Herrera, District No. 5 Representative, spoke of a community meeting scheduled to take place in May 2003 involving Mr. Cogan of Common Council and herself to discuss topics of interest to residents of their Fall Creek ward. Residents may contact either Mr. Cogan or Ms. Herrera to discuss the proposed meeting. Further information on the meeting will be available when plans are finalized. Mr. Proto, District No. 7 Representative, extended appreciation to Sheriff Meskill and his staff for all the effort in assisting to resolve the unfortunate incident that occurred in Danby and offered any assistance needed. He then wished to personally thank individuals for their support during his recent difficult period. Mr. Joseph, District No. 12 Representative, spoke of the recent Golden Ash Award to be presented April 5, 2003. He said the program includes the premier of the promotional video for the Youth Anti -Smoking Program and said it is produced by his son, Daniel Hochman. He spoke of his desire to have any available member attend the premier and spoke of his pride in his son's work. Mr. Penniman, District No. 15 Representative, said he had drafted a very brief resolution regarding the troops that will be brought forward later in the meeting. With regard to the statements made by Ms. Valentino, Town of Ithaca Supervisor, Mr. Penniman said the reapportionment issue had been discussed at the last Board meeting covering the points brought forth by Ms. Valentino. He said one item was voted on and failed by a six to eight vote. Ms. Kiefer, District No. 10 Representative, said that the Charter as it is being presented leaves the Reapportionment Committee makeup open to be determined by a future County Legislature at the time it is needed. Progress Report on the Tompkins County Comprehensive Plan Mr. Marx, Commissioner of Planning, provided an update on the Tompkins County Comprehensive Plan, saying that at this time Planning Advisory Board recommendations are being brought to the Planning, Development and Environmental Quality Committee. This will include the statement of purpose and the recommended outline and content for the plan. Mr. Marx explained that 138 April 1, 2003 upon this review the information will be brought forth to the public again for their input. A history of the scope of work completed to date that lead up to the information was provided to the Board. Mr. Marx then spoke of having met with the Municipal Planning Coalition as well to discuss how land -use issues might be addressed in the plan in a way that municipal governments throughout the county would feel appropriate and not interfere with local responsibilities. He said a mutual agreement has been unanimously agreed to by the local municipalities on how to proceed with the issue of land use within the plan. Mr. Marx indicated once the plan was approved at that level information will be given to the public about the availability of the plan on the County web site. The information will include how the plan was developed as well as providing an opportunity for the public to comment and make suggestions. Mr. Proto inquired whether the elements were listed in any particular order and was informed that it was an alphabetic listing, not in any priority order. Mr. Koplinka-Loehr asked that the criteria be provided to members of the Board. Ms. Robertson asked for more detail of how the plan deals with land use within municipalities. Mr. Marx replied what was agreed to and received the most support from the Municipal Planning Coalition was one that would look at the impacts of various activities in a performance based approach. It would not indicate what type of activity should occur but would provide analysis of how different systems might be impacted by various types of growth. Local municipalities would then determine how to reflect this in their local planning effort. Mr. Booth inquired whether there should be an element within the plan that deals with emergencies and responses. Mr. Marx said that was one of the issues on the list, however, what was determined to remain in the plan were items related to the physical development of the community directly. He indicated it was thought to be more properly addressed in another manner than inclusion in the plan at this time. Mr. Totman asked whether each municipality had agreed to allow the County to determine land use. Mr. Marx said that the County asked the question of including land use within the plan and received unanimous responses that it was an element that should be included in the County plan. He stated that the plan is a document to assist them in planning more effectively. Presentation of the Emergency Preparedness Plan Mr. Shurtleff, Director of Emergency Services, began by speaking of a recollection of attending a funeral for a woman who during World War II served this country as a plane spotter for the Federal Government. During the day while her children were at school she would sit on top of a hill scanning the horizon with binoculars for enemy planes. He also recalled the drills in public schools in anticipation of a nuclear attack that took place when he was a youth. He then said the dangers we faced then were perhaps not as strong as had been anticipated but they were ones individuals responded to in what they felt was an appropriate manner. Mr. Shurtleff then said the dangers faced today have many vulnerabilities including chemical, biological, radiological, explosive, and incendiary which are all areas of concern. While we face the increased possibilities we also have more resources to utilize emergency plans used for natural disasters to assist in responding to the human disasters. Mr. Shurtleff referred to the resolution adopted in 2000 that authorized a Comprehensive Emergency Management Plan that is now nearing completion and has been implemented in many ways. The plan was initially approved in response to the Y2K concerns and focused on natural disasters, was modified to include human made disasters, and continues to address all concerns. He said it is not a definitive response to be given to any particular problem, but is a guideline that enables rapid deployment 139 April 1, 2003 of agencies, individuals, and services where they are needed and priorities during large-scale emergencies. The comprehensive plan includes the fire and emergency medical services mutual -aid plans that have also been updated. These plans are the foundation for law enforcement and public works who are also designing mutual -aid plans. He spoke of the training done within our local Health Department under the direction of Alice Cole. In addition, various rapid -response training is presently being done to increase awareness and knowledge of appropriate handling of potential emergencies, both natural and man-made. He spoke of the coordination and training at the Federal level to handle out -of -the -ordinary situations. The Weapons of Mass Destruction Task Force at the State level, reactivated in 2001, is another area of training for County personnel for equipment capable of detecting radiological and chemical substances, providing additional equipment and protective gear, and decontamination equipment that can be deployed in the field to assist in aiding residents. Mr. Shurtleff also commended Cayuga Medical Center for their training of over seventy staff members in decontamination procedures and investment in equipment at their facility to assist the public. The Cayuga Medical Center is part of the overall administration of the Emergency Preparedness Plan as well. Mr. Shurtleff spoke of the continued commitment of the Board to assist in improving the communications capabilities within the County and he feels that it will be optimized with the opening of the centralized communications facility at the end of the year. He stressed information sharing as a very important factor in the plan. He then spoke of the public information program and thanked Ms. Skinner for her work in this area. The information team is comprised of individuals from many municipalities within the County. Mr. Shurtleff said public information is a critical part of the process of keeping people up-to-date on any situation. He also said that news sources are critical in developing the means of notification to the public as it is the most effective way to relay information from all areas. Mr. Shurtleff stressed the importance of residents having emergency supplies for a seventy-two hour period in the event of an emergency. He said it would take responders time to mobilize the necessary sources to alleviate a situation. Next, Mr. Shurtleff read the following quote made by Allen Ehrnhaldt in Governing magazine, that though not specifically directed toward the subject of emergency preparedness, he feels is appropriate: "If the United States Department of Homeland Security had a coherent vision of what a secure homeland actually was it would be issuing precise directives to local responders and letting them know how much the work would cost. It wouldn't be barking out useless warnings and issuing color -coded alerts and promising that a check would be in the mail sometime in the future." Mr. Shurtleff said the quote describes the frustration that emergency responders feel, but the good news is that the networks are in place, expertise, daily training, etc. He feels that one note of caution is to remember that the individuals who will assist in an emergency are the same people working throughout the county at the present time and the need for continual support. Sheriff Meskill said one of the most important reasons for him to speak was to let the public know that everyone was doing their job to the best of their ability to ensure the safety of the community. He then spoke of training following 9-11, and educating key individuals about terrorism and weapons of mass destruction. Additionally, prior to this work has been on-going with other agencies developing plans and documents to work cooperatively in order to serve the public in the event of a major emergency, typically a weather-related or natural -disaster emergency. Sheriff Meskill then reported a county -wide threat assessment has been completed to determine areas of concern as well as appropriate steps to take to safeguard them depending on the level of threat. Sheriff Meskill reported that Captain Vitale is the county -wide representative for Zone 6 in the counter -terrorism network, working and interacting with local, State, and national law-enforcement monthly at formal meetings, and informally daily or weekly; learning about pertinent issues and further reviewing information in order to best 140 April 1, 2003 safeguard residents. He reported that a plan was developed with the collaboration of the State Police and includes a distribution of duties to best serve our area. Sheriff Meskill spoke of the present homicide investigation and how it is a tangible example of planning, communication, and cooperation work locally to serve the public during a time of need. He stressed it is ever -evolving simply by nature, but is a structure of how to operate, conduct business, and deal with a task at hand through proven methods. Next, Sheriff Meskill spoke of his desire that the Board understands that in order to properly carry out duties required that support is given by recognizing the need to have adequate staff, specialized equipment, and most importantly to the Sheriff, a public radio system capable of delivering communication throughout the county to all public -safety providers. He feels that the Board's assistance to secure funding for the resources through local, State, and national funding efforts in an expedient manner is paramount to the County's success to protect the public during any event that may occur. Chair's Report Chair Joseph reported on the efforts of PushBack, the citizens group that is organizing to prevent the State from imposing more property taxes saying that at the last meeting there were two new attendees. Danny Ross, a Cortland County Legislator, attended the meeting and said he had heard of the group and was interested in the possibility of Cortland County undertaking a similar effort. The second new attendee was a citizen from Tioga County who came to see what this group was doing and how he might interest his county to also undertake the same effort. At the meeting it was agreed to send out a mailing to all towns asking them to pass resolutions to send on to the State Legislature, supporting the cause, stating that they understand the State Legislature is impacting property taxes and their desire to make this practice stop. In addition to Tompkins County, this letter was mailed to municipalities within Cortland County as well. Mr. Joseph then reported that earlier in the day Ithaca Mayor Alan Cohen announced his support of the PushBack effort and intention to be part of the group and take the message to enlist mayors in cities throughout the state. PushBack has been in the process of setting up meetings with the four State legislators representing the County. The next meeting will take place on Thursday, April 3 at 4:00 p.m. in the Scott Heyman Conference Room. Mr. Joseph asked the Board if they would also like to meet with the State legislators to discuss the proposed State budget. Members indicated they would like to do so and Mr. Joseph agreed to contact them. Report from the County Administrator Mr. Whicher has continued to monitor events in Albany related to the State budget and has worked with New York State Association of Counties employee Ken Cranell who has extensive history in how Albany prepares a budget. Mr. Cranell said that he was somewhat surprised, but was certain that a budget would be passed fairly quickly, that the budget bills are to be ready by mid-April. He also indicated that the Governor's thought to securitize tobacco funds would not be suitable due to the market changes. Mr. Whicher said that now there are discussions taking place about the possibility of increasing corporate taxes, business taxes, and income taxes. Ms. Robertson inquired who specifically was discussing the possibility of raising income taxes. Mr. Whicher said that in a Democratic caucus there was absolutely no support to increase taxes on Monday, yet on April 1, 2003, the leaders of the Senate and Assembly are discussing broad-based taxes. Mr. Penniman commented that it could be the tax increase was being thought of for a purpose other than assisting at the County level. Mr. Whicher said that he had heard that the State is attempting to find funding for Health and School Districts, but it is unclear in what specific budgetary line it is referring to. Report from the County Attorney 141 April 1, 2003 Mr. Wood reported on the previous lawsuit concerning the estate of Officer Padula against the County. He explained that the reason the County was involved is that the individual who committed the crime was then receiving mental-health services from the County and therefore the County had culpability. Mr. Wood said that the insurance carrier brought forth a motion to dismiss on the basis that a County should not be held liable; however the motion was denied. An appeal of that decision had been filed, and at this time a decision was made upholding the decision of the previous court. Although this is covered by insurance Mr. Wood is concerned about the possible implications. When asked what court heard the appeal Mr. Wood said it was the Appellate Division of the Third Department and that there is one higher level that an appeal can be heard. At this time he does not know whether the matter will go to this higher level. Mr. Booth expressed concern that if the appeals are upheld insurance companies may base a premium on the potential claim in situations such as this and all counties would be facing increased expenditures. Report from the Finance Director Mr. Squires spoke of the refmancing of outstanding bonds and that that has occurred successfully. The estimated savings determined in February 2003 was $767,000; at the time of the bonding issue March 25, 2003 with the fluctuation of the rates the actual savings over the term of the issue was $713,000, providing an annual savings of over $60,000. At the time of issue the County's credit rating was put under review and was sustained at AA2, the highest rating in the region. Mr. Squires indicated that there are challenges ahead to maintain the rating. The issuer chose to insure the issue to provide a AAA rating, providing a three point savings in the cost of the issuance. He then said that Phillip Morris had lost a case and has been asked to post 12 billion dollars to appeal. The impact may adversely effect the securitization -of -tobacco -settlement revenues. It is not certain at this time that Phillip Morris will make the April 15, 2003, payment of which the County's share is approximately $550,000. Mr. Squires explained to the Board how the Phillip Morris bond issue is set up and how a lack of payment from them could result in a freeze in payments to the County in order to protect the Bond holders. This type of situation could potentially effect the County payment of approximately $800,000 annually. Mrs. Schuler asked if there was any indication that the tobacco company would look to the international market for funding and Mr. Squires told her they would not as it was not an area where sales would be included in the settlements. He said that the tobacco companies look to the international markets to increase their sales. Addition of Resolution(s) to the Agenda On motion and duly seconded and unanimously adopted by voice vote, the following resolution was added to the agenda: In Support of our Men and Women in the Armed Forces Withdrawal of Resolution(s) from the Agenda Chair Joseph gave Ms. Blanchard, Chair of Public Safety Committee, permission to withdraw the following resolution: Acceptance of Phased Scope of Work and Authorization to Enter into a Contract with Jacobs Facilities, Inc., for Professional Services - Public Safety Building In addition, Chair Joseph gave Ms. Blanchard permission to be excused at this time and to be allowed to present her Communications Capital Projects Committee report at the April 15, 2003 Legislature meeting. 142 April 1, 2003 Ms. Blanchard was excused at 6:51 p.m. Approval of Resolution(s) and Appointment(s) Under the Consent Agenda It was MOVED by Mr. Winch, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, to approve the following resolution(s) under the Consent Agenda: RESOLUTION NO. 66 - BUDGET ADJUSTMENT — YOUTH BUREAU MOVED by Mr. Winch, seconded by Mr. Proto, 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 adjustment on his books: HEALTH AND HUMAN SERVICES COMMITTEE Youth Bureau Revenue Acct Title Amt Approp Acct Title(s) 7020 51000634 Youth Bureau Planner 7020 51000634 Youth Bureau Planner 7020 43820 7020 42770 7020 42770 7020 42770 7020 42770 7020 42770 7020 42770 7020 42770 7020 42770 Explanation: Notified that anticipated NYS Integrated County Planning funds will not be available for 2003. To replace the salary decreased due to not receiving in the ICP funding. Funds to cover increased usage of paper, toner, cartridges, etc. due to services we'll be providing the Community Drug Task Force. Funds to cover increased printing and copying needs of reports and materials for grant. Funds to cover a mandatory conference in Washington, DC and several meetings/trainings to be held in Albany. Funds due to increased mailings necessary. Funds to design and update the OJ Book and to offer Youth Worker trainings in Fall 2003. Funds to upgrade computer software to be able to receive and send materials electronically as required by the Community Drug Task Force grant. Funds to purchase a scanner and replace a non -safe 19" monitor. SEQR ACTION TYPE II -20 Programs for Youth Other Misc. Revenue Other Misc. Revenue Other Misc. Revenue Other Misc. Revenue Other Misc. Revenue $12,000 $12,000 $ 600 $ 1,000 $ 1,900 $ 610 Other Misc. Revenue $ 3,000 Other Misc. Revenue $ 3,000 Other Misc. Revenue $ 1,500 7020 54303 7020 54330 7020 54412 7020 54452 7020 54442 7020 52230 7020 52206 Supplies Printing Travel/Training Postage Professional Service Fees Computer Software Computer Equipment RESOLUTION NO. 67 - AWARD OF BID - CR105, MCLEAN-CORTLAND ROAD, PHASE 1 RECONSTRUCTION MOVED by Mr. Winch, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, under the Consent Agenda. WHEREAS, Resolution No. 13 of 2003 authorized an agreement with the State of New York whereby State and Federal sources will furnish ninety-five percent of the funding necessary for Phase 1 reconstruction of McLean -Cortland Road, and WHEREAS, the Department of Finance, Division of Purchasing has duly advertised for bids for the project, and WHEREAS, four (4) bids were received and publicly opened on March 19, 2003, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the bid be awarded to W & D Smith & Sons Construction, Inc., of Whitney Point, New York, as the lowest 143 April 1, 2003 responsible bidder with a bid price of $473,541.88, 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 ten percent of the aforementioned bid amount on behalf of the County, funds to be provided from the McLean -Cortland Road Reconstruction Capital Account (HZ5103.59239.53 .02). SEQR ACTION: TYPE II -2 RESOLUTION NO. 68 - AWARD OF BID - CR103A, CHAMPLIN ROAD OVER WEBSTER BROOK, BIN 3314220, BRIDGE REPLACEMENT MOVED by Mr. Winch, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, under the Consent Agenda. WHEREAS, the Department of Finance, Division of Purchasing has duly advertised for bids for CR103A, Champlin Road over Webster Brook, BIN 3314220, Bridge Replacement, and WHEREAS, nine (9) bids were received and publicly opened on March 4, 2003, now therefore be RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the bid be awarded to Edger Enterprises of Elmira Heights, New York, as the lowest responsible bidder with a bid price of $304,883, RESOLVED, further, That the funds are available in the Highway Department's budget Account No. 5111.54411. SEQR ACTION: TYPE II -2 it RESOLUTION NO. 69 - AUDIT OF FINAL PAYMENT TO MATCO ELECTRIC CORPORATION - PASSENGER BOARDING BRIDGE - ITHACA TOMPKINS REGIONAL AIRPORT MOVED by Mr. Winch, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, under the Consent Agenda. WHEREAS, Matco Electric Corporation has completed its electrical contract for the Passenger Boarding Bridge at the Ithaca Tompkins Regional Airport, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the following claim against the County of Tompkins, be and hereby is audited by the Tompkins County Board of Representatives: Vendor Payment Requested Account Number Amount Matco Electric Corporation 2 (and Final) HT.5601.59239 $582.62 RESOLVED, further, That the Finance Director be and hereby is authorized and directed to pay said claim from Account No. HT.5601.59239. SEQR ACTION: TYPE II -20 RESOLUTION NO. 70 - AUTHORIZING THE FILING OF AN APPLICATION FROM NEW YORK STATE FOR THE HOUSEHOLD HAZARDOUS WASTE (HHW) STATE ASSISTANCE PROGRAM AND SIGNING OF THE ASSOCIATED STATE CONTRACT, UNDER THE APPROPRIATE LAWS OF NEW YORK STATE MOVED by Mr. Winch, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, under the Consent Agenda. 144 April 1, 2003 WHEREAS, the State of New York provides financial aid for household hazardous waste programs, and WHEREAS, Tompkins County, herein called the MUNICIPALITY, has examined and duly considered the applicable laws of the State of New York and the MUNICIPALITY deems it to be in the public interest and benefit to file an application under these laws, and WHEREAS, it is necessary that a Contract by and between THE PEOPLE OF THE STATE OF NEW YORK, herein called the STATE, and the MUNICIPALITY be executed for such STATE aid, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the filing of an application in the form required by the State of New York in conformity with the assurances contained in said application is hereby authorized, RESOLVED, further, That the Tompkins County Solid Waste Manager or her designee is directed and authorized as the official representative of the MUNICIPALITY to act in connection with the application and to provide such additional information as may be required and to sign the resulting contract if said application is approved by the STATE, RESOLVED, further That the MUNICIPALITY agrees that it will fund the entire cost of said household hazardous waste program and will be reimbursed by the State for the State share of such costs, RESOLVED, further, That five (5) certified copies of this resolution be prepared and sent to the New York State Department of Environmental Conservation (NYSDEC) together with a complete application, RESOLVED, further, That this resolution shall take effect immediately. SEQR ACTION: TYPE II -20 Report from the Consumer and Community Affairs Committee Ms. Kiefer, Chair, reported the Committee met on March 19, 2003 and received a report from Ms. Potter of Cooperative Extension on the preliminary analysis of the effects of the Governor's budget on the agency. Statewide it is targeted for a one million dollar cut, representing twenty-six percent of the funding. Tompkins County Cooperative Extension's portion of this reduction is estimated to be $32,000. In addition, proposed reductions in the State University of New York facilities will affect Cooperative Extension outreach and faculty members. The Committee discussed goals as well as what particular areas would fall under the Utilities charge of the Committee. For this year it was decided to explore the use of County right-of-way, the possibility of franchising such use via a county wide cable franchise, fiber television connection for Tompkins Cortland Community College, and net metering for government/institutional buildings generating electricity through solar panels. At the next meeting the area of utility surcharges will be discussed. The Tompkins County Public Library gave a Powerpoint presentation of post -construction issues. Mr. Marx, Planning Commissioner, brought an updated status report and will work with Ms. Steiner to continue work on areas of concern. The Tompkins County Clerk's office brought forth a possible resolution suggesting an increase in the Motor Vehicle Use Fee. There has been a fee in place for since 1995; the Committee requested additional information on vehicle registration within the county to determine if the fee should be based on the type of vehicles being utilized in the County or if a flat fee should apply. The Committee meets next on April 16, 2003. Ms. Kiefer was excused at 7:01 p.m. Report and Presentation of Resolution(s) from the Health and Human Services Committee 145 April 1, 2003 Ms. Robertson, Chair, reported that the Committee met on March 20, 2003. At that time the Committee heard a Home Health Care presentation outlining a major concern with the Governor's budget. Presently Home Health Care receives a reimbursement of thirty percent, approximately $98,000, and that under the Governor's budget would be eliminated. Home Health Care provides medically necessary care in clients' home's, regardless of their ability to pay, utilizing a sliding fee scale. It is primarily short-term and assists in maintaining their own households rather than being required to use retirement homes or nursing facilities. Last year 460 clients were served through this program from the ages of 5 through 101. If this program were eliminated it is possible that individuals who need care may go on Medicaid, and into nursing homes, or mental-health programs. Ms. Cole, Public Health Commissioner, provided information on the other areas that will be impacted by the Governor's budget. She said that the cuts proposed by the Governor, scheduled to be retroactive to January 1, 2003, total approximately $325,000, which represents 12 percent of the local share. Reimbursement rate for core services would be cut $54,000, from 36 percent to 30 percent; optional services, which includes Home Health Care, would be cut $263,387, eliminating the present thirty percent reimbursement rate. Ms. Robertson said some programs under the heading of optional services include administrative costs of providing mandated services such as early intervention programs. In addition, the new budget sets a cap for reimbursements in the health department and will therefore cause problems in future years. Ms. Dolan, Department of Social Services Commissioner, reported to the Committee on the accomplishments of 2002 and the 2003 goals for her department. She provided an update of the Department of Social Services caseload, which did not have any significant changes other than the Family Assistance area with an increase of 80 cases since the beginning of the year. Ms. Dolan reported that cash flow from the State is slowing down with regard to reimbursements and advances for programs. Ms. Zahler, Director of Department of Youth Services, provided statistics of the youth served in various programs throughout the County in 2002. These statistics provided a geographical breakdown of those served by the department which Ms. Robertson distributed to legislators. Also, goals for 2003 were given to the Committee. Ms. Robertson reported that the Committee discussed the Tompkins County SPCA, reviewing the present contract and the resulting resolution which will be presented to the Board. She said that Mr. Winograd, Director of the Tompkins County SPCA, provided clarifying information regarding the difference between a feral cat and a stray cat, and answered questions regarding cats brought to the shelter by citizens. He also provided information about the rabies and animal control programs, and sent written information to Board members following the meeting as well. He did indicate to Committee members that animals coming to the shelter that were adoptable would not be neutered and released; and in addition would accept any cats brought to the shelter by citizens providing the proposed County contract was signed. Ms. Balander of the Health Department also presented information to the Committee of how feral cats affect the rabies program, speaking of the number of cases of exposure within the County. Ms. Robertson said that the Tompkins County SPCA agreed to compile statistical information on cats accepted by the shelter and the disposition of them and will include this information in the final contract. RESOLUTION NO. 71- APPROPRIATION FROM CONTINGENT FUND AND AUTHORIZATION TO AMEND GRANT FUNDING AGREEMENT WITH THE SPCA —HEALTH DEPARTMENT MOVED by Ms. Robertson, seconded by Mrs. Schuler. Mr. Proto referred to a letter dated March 20, 2003, from Mr. Winograd to Ms. Robertson which stated: "The contract also empowers the Tompkins County SPCA to investigate some 200 cases of suspected cruelty and impound close to 50 animals being abused annually, taking the burden off the Tompkins County Sheriffs Office who does not have the facilities to do so." Mr. Proto inquired whether the existing Agriculture and Markets Law regulations require the SPCA to investigate cruelty complaints regardless of the existence of a contract, 146 April 1, 2003 and if true, hoped that the County does not pay for the service. Mr. Winograd's response was, "Agriculture and Market Law empower an SPCA to investigate animal cruelty on behalf of a county; it does not require the SPCA to do it. As a private organization we are not required to do any state mandates unless we contract with a municipality. So with dog control that contract is with the individual towns; animal cruelty, that would be with the County." Mr. Proto asked Mr. Winograd if we are paying for the service. Mr. Winograd said, "the animal cruelty enforcement is part of the $16,000 that the County has appropriated in the prior budget year; the current resolution addresses the additional service of stray cat control and rabies abatement." Ms. McBean thanked Mr. Winograd, Ms. Cole, and others involved in working together in this endeavor. While she supports the SPCA and the work that they accomplish, and feels multi-year planning is beneficial, she expressed concern about guaranteed funding for any one department/agency without knowing what the future fmancial situation may be. Ms. McBean recalled specifically relating that future budget years would be tight and the concern of providing funding that would be cut in future years. Ms. Robertson said she supports longer term commitment, for example to the planning department, and because of this took additional time to ascertain the program would cover all areas desired of the contract. Ms. McBean indicated she understands and will support the resolution; however she wanted to express her concern for the record. Mr. Lane said he wished to thank everyone for the hard work done on the resolution. He said it has undergone a lot of scrutiny in the process and pointed out that the resolution covers a service that provides coverage for health and welfare of the residents. He indicated a need to be careful in the manner the County deals with agencies during the budget period and be aware of the ramifications to all agencies in the process. Ms. Robertson noted that the contract with the SPCA does not cover the full cost of sheltering the animals. A short roll vote on the resolution resulted as follows: Ayes - 12, Noes - 1 (Representative Todd); Excused - 2 (Representatives Blanchard and Kiefer). RESOLUTION ADOPTED. WHEREAS, funding in the 2003 Tompkins County budget for the SPCA is dramatically less than in previous years, and WHEREAS, the SPCA has demonstrated that it cannot continue to provide animal control services at the same level as in prior years with a sixty percent decrease in funding, and WHEREAS, the animal control services and stray cat shelter provided by the SPCA help to keep costs as low as possible for the Public Health Department's mandated rabies control program, now therefore be it RESOLVED, on recommendation of the Health and Human Services and Budget and Capital Committees, That the Board of Representatives authorizes entering into a three year agreement with the SPCA, RESOLVED, further, That the Animal Control Contract for 2003 be increased by $10,264, RESOLVED, further, That the Public Health Budget appropriations for rabies control be increased by $5,582 for 2003, RESOLVED, further, That the total paid by Tompkins County including payments made by the Public Health Department be $36,000 for 2003 which is a decrease of $11,240 from 2002, RESOLVED, further, That the total paid by Tompkins County including payments made by the Public Health Department be $36,720 (representing a two percent increase) for 2004, RESOLVED, further, That the total paid by Tompkins County including payments made by the Public Health Department be $37,454 (representing a two percent increase) for 2005, RESOLVED, further, That the fiscal target for the Public Health Department for 2004 be increased by $71 and the fiscal target for Animal Control be increased by $527, RESOLVED, further, That the fiscal target for the Public Health Department for 2005 be increased by $73 and the fiscal target for Animal Control be increased by $537, 147 April 1, 2003 RESOLVED, further, That the Director of Finance be authorized and directed to following budget appropriations and adjustment: FROM: TO: A1990.54400 Contingent Fund A3520.54400 Animal Control Program Expense A4090.54400 Environmental Health Program Expense make the $13,836 $10,264 $ 3,572 APPROPRIATION: A4090.54400 Environmental Health Program Expense $ 2,010 REVENUE: A4095.43401 Public Health State Aid $ 2,010 SEQR ACTION: TYPE II -20 RESOLUTION NO. 72 - APPROPRIATION FROM CONTINGENT FUND FOR TERMINAL PAY - MENTAL HEALTH DEPARTMENT MOVED by Ms. Robertson, seconded by Mr. Booth. A short roll vote on the resolution resulted as follows: Ayes - 13, Noes - 0; Excused - 2 (Representatives Blanchard and Kiefer). RESOLUTION ADOPTED. WHEREAS, during 2002, the following employees terminated their employment with Tompkins County: Esther Sullivan, 4313, Caseworker (October 4, 2002) Clare Nicholetti, 4311, Psychiatric Social Worker (October 25, 2002) Linda Slade, 4313, Case Aide (August 29, 2002) Taylor Peck, 4311, Forensic Counselor (March 1, 2002) and, WHEREAS, the Fiscal Policy of Tompkins County allows for reimbursement of terminal pay through the Contingent Fund, 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 appropriation: FROM: A1990.5440 TO: A4313.51000562 A3131.58800 A4311.51000599 A4311.58800 A4313.51000511 A4313.58800 A4311.51000712 A4311.58800 SEQR ACTION: TYPE II -20 Contingent Fund Salary - Caseworker Fringe - Caseworker $8,049 $ 720 $ 253 Salary - Psychiatric Social Worker $4,341 Fringe - Psychiatric Social Worker $1,525 Salary - Case Aide Fringe - Case Aide Salary - Forensic Counselor Fringe - Forensic Counselor Report from the Government Operations Committee 148 $ 216 $ 76 $ 679 $ 239 April 1, 2003 Mr. Koplinka-Loehr, Chair, said the Committee had not met. The next meeting is on April 2, 2002, at 2:00 p.m. Report from the Public Safety Committee Mr. Totman, Vice Chair, reported the Committee met on April 1, 2003, briefly to discuss the resolution concerning the Public Safety Building that was withdrawn from the agenda, which had not passed with a two/two vote. The next meeting of the Committee will be on April 3, 2003. Mr. Proto inquired if it would affect the waivers received from the State concerning housing of inmates if the resolution were not passed. Ms. Robertson indicated that the vote did not indicate opposition but a desire for additional time to review information. Mr. Whicher said that it would not be critical unless this resolution was not acted upon by the next Board meeting on April 15, 2003. He feels that at this time the project will proceed as though it had passed. Mr. Lane expressed concern that the delay not be taken by the State as "dragging feet," and subsequently have a revocation of the waivers. Ms. Herrera said she feels that the review of information was an important factor and that the project is moving ahead in an appropriate matter. Ms. Robertson then indicated that conversations with others subsequent to the meeting confirmed the need to review the material closely, as some of the figures were found to be incorrect. Report from the Planning. Development and Environmental Quality Committee Mr. Lane, Chair, said the Committee will meet for three hours on April 2, 2003. The Industrial Development Agency will meet on April 8, 2003, at 2:00 p.m. in the Scott Heyman Conference room. Report and Presentation of Resolution(s) from the Budget and Capital Committee Mr. Penniman, Chair, said the Committee met March 25, 2003. He reported on two areas of the current and next year budget. With regard to the current year budget he said there is concern of the proposed State budget as it indicates some areas of reductions that would be retroactive to January 1, 2003, however, it does not appear at this time that it would significantly alter the budget. A preliminary projection was received on the 2004 budget and as anticipated it will be a difficult year. The increased revenues brought in by increased assessments (estimated one million dollars) and sales tax (estimated nine hundred thousand dollars) will be offset by salary increases, retirement contributions, and the increased cost of mandates (estimated five hundred thousand dollars) as well as ongoing one-time funding through rollover funds in the current year's budget. It is anticipated that in order to maintain the level of services presently provided as well as new capital expenses it would require approximately a fifteen percent increase in taxes. More information will be received within the next several weeks and departmental balances will be reviewed. Mr. Proto inquired what was occurring at the present time regarding the State review of tax- exempt property. He was informed that Mr. Joseph spoke at a hearing in Syracuse on this matter. At the present time there is no new information on the matter. Mr. Todd asked what the percentage of projected increase on assessment is. Mr. Whicher replied five percent. Mr. Penniman then asked that members begin to consider any items for possible refinement regarding capital projects indicating that May is a good time to review them prior to next year's budget. RESOLUTION NO. 73 - ENDORSING STATE LEGISLATION S3130 AND A7090 EXTENDING EXISTING SALES AND USE TAX AUTHORITY OF THE COUNTY OF TOMPKINS 149 April 1, 2003 MOVED by Mr. Penniman, seconded by Mr. Todd. A voice vote on the resolution resulted as follows: Ayes - 11, Noes - 2 (Representatives Schuler and Proto), Excused - 2 (Representatives Blanchard and Kiefer). RESOLUTION ADOPTED. WHEREAS, the County of Tompkins has had the authority to enact an additional one cent of sales and use taxation since December 1, 1992, and has enacted such taxation, and WHEREAS, this authority has been exercised since that date and expires November 30, 2003, and WHEREAS, this Board by Resolution No. 339 of 2002 requested the members of the New York State Senate and Assembly who represent Tompkins County to sponsor and support legislation extending this authority beyond November 30, 2003, and they have done so and have introduced S3130/A7090 "AN ACT to amend the tax law, in relation to extending the expiration of the provisions authorizing the County of Tompkins to impose an additional one-half or one percent of sales and compensating use tax" that extends this authority to November 30, 2005, now therefore be it RESOLVED, on recommendation of Budget and Capital Committee, That this Board endorses and requests State approval of legislation known as S3130 and A7090, and urges its elected representatives in the Senate and the Assembly to support this legislation. SEQR ACTION: TYPE II -20 Report from the Facilities and Infrastructure Committee Mr. Booth, Chair, said the Committee met on March 25, 2003, and the work is reflected in the resolutions that came before the Board. He said the Committee received a report of the cost of snow and ice removal this past year and the increased costs for operating the trucks, salt used, and manpower. Mr. Booth said that the increased costs will not only affect this year's budget but next year as well. The Committee also received a report from Greg Potter concerning the Information Technology Services take- over of the Criminal Justice Data Communications Project. At this time three police departments and municipalities are participating and additional police departments will be participating in the future. He said that a policy question to be answered is how that system will be directed in the future, acknowledging that law enforcement is the most appropriate. He then reported that at the next meeting a resolution favoring expansion of the bottle bill will be brought forth. Report from and Presentation of Resolution(s) from the Charter Review Committee Mr. Lane, Chair, thanked Ms. Valentino for speaking to the Board about her suggestions. He said that the Committee held a thorough discussion that included her suggestions and that the Committee chose to utilize the broader statement that would allow flexibility. RESOLUTION NO. 74 - ADOPTION OF LOCAL LAW NO. 1 OF 2003 - REVISING TOMPKINS COUNTY CHARTER AND CHANGING THE NAME OF THE TOMPKINS COUNTY BOARD OF REPRESENTATIVES TO THE TOMPKINS COUNTY LEGISLATURE MOVED by Mr. Lane, seconded by Ms. Herrera. Mr. Proto thanked everyone for the work done, recognizing the hard work involved, but said he would not support the resolution based on the revision of the portion concerning filling the vacancies on the Board. In addition he does not agree with the elevation of the Environmental Management Council to a Charter recognized Advisory Board. While supporting their efforts he does not feel it should be elevated to this level. Ms. Herrera said she will support the efforts that went into the Charter. Mr. Winch said there were minor points that concerned him in the Charter; the use of the cabinet structure rather than the Commissioner of Public Works, saying that he feels it more beneficial to hold one individual accountable rather than a committee or cabinet, and secondly, the change of name of the Board. He feels that Board of Representatives indicates better to the 150 April 1, 2003 98,000 plus residents of the County that they are accessible. Mr. Winch said he finds the change to being a legislature somewhat bothering and that he was elected as a representative and takes his position seriously. A roll call vote on the resolution resulted as follows: Ayes - 10, Noes - 3 (Representatives Proto, Todd, and Winch), Excused - 2 (Representatives Blanchard and Kiefer). RESOLUTION ADOPTED. WHEREAS, a public hearing has been held before the Board of Representatives to hear all persons interested in proposed Local Law No. 1 of 2003, and WHEREAS, the Board of representatives has determined that adoption of Local Law No. 1 of 2003 is in the public interest, now therefore be it RESOLVED, on recommendation of the Charter Review Committee, That proposed Local Law No. 1 of 2003 Revising the Tompkins County Charter and Changing the Name of the Tompkins County Board of Representatives to the Tompkins County Legislature 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 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 Space Needs and Location Committee Mr. Proto, Chair, said the Committee will meet on April 9, 2003 at 2:00 p.m. Mr. Marx said that there will be a three hour discussion of the Comprehensive Plan. Individual Member -Filed Resolution(s) Mr. Penniman said it was important that the local residents serving our country overseas understand that any controversy due to the military action is not directed toward them. He said due to the nature of the democracy we live in there will be controversy, however it is possible and necessary to support these individuals and look after their families. RESOLUTION NO. 75 - IN SUPPORT OF OUR MEN AND WOMEN IN THE ARMED FORCES MOVED by Mr. Penniman, and unanimously seconded, and adopted by voice vote by members present. RESOLVED, That the Tompkins County Legislature supports our men and women in the armed forces; we thank them for their service and hope for their safe and swift return home. SEQR ACTION: TYPE II -20 Approval of Minutes of March 4, 2003 It was MOVED by Ms. Robertson, seconded by Mr. Booth, and unanimously adopted by voice vote by members present, to approve the minutes of March 4, 2003 as submitted. MINUTES APPROVED. Adjournment On motion the meeting adjourned at 7:41 p.m. 151 April 15, 2003 Regular Meeting Called to Order Mr. 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: 13 Legislators (Legislator Kiefer arrived at 5:32 p.m.). Excused: 2 (Legislators Koplinka-Loehr and Penniman). Presentation of Proclamations Mr. Joseph read the following proclamations and declared: May 3, 2003 to be Suicide Survivor's Day and May 3-10, 2003 as Suicide Prevention Week in Tompkins County and presented the proclamation to Chris Bertelsen of the Suicide Prevention and Crisis Service. April 2003 as Poetry Month in Tompkins County and presented the proclamation to Katharyn Machan, Poet Laureate. April 11-18, 2003 as Youth Services Week in Tompkins County and presented the proclamation to Nancy Zahler, Youth Services Director. Ms. Kiefer arrived at this time. Ms. Zahler presented awards to the following individual groups recognizing their terrific work in the community. She thanked the groups and said the community is a healthier and more vital place to live because of their contributions. Brownie Troop 135 from Trumansburg Elizabeth Seamon Molly Seamon Ellen Seeley- mom, troop co -leader Volunteer Service Group from the Joint Youth Commission and Learning Web Davina Wells Becky Haltom Sarah Love Sue Schwartz, staff from Learning Web Bigs (and Tittles) from Newfield Anna Kelly Marchell French T'kya Harris Naeem Clark 152 April 15, 2003 Privilege of the Floor by the Public Anne Chernish, Town of Newfield resident, spoke about the Zenas King Bowstring Bridge and submitted the following statement: "In regard to the Zenas King Bowstring Bridge issue, the terms "attractive nuisance" have been raised repeatedly. Since I have been working actively to save the bridge and my professional training covers the field of risk management, I offer the following information regarding the process of risk management. "1) Make an extensive inventory of all risks faced by the growing concern or entity in question, in this case it is the County of Tompkins and the Hamlet of Newfield. "2) Take action to reduce these risks to the lowest level without creating additional risks. In this case, you have jointly fenced the "risk" which appears to be appropriate. Ask your insurance agents for further advice on measures to take to contain these risks. The concern I have raised to the County and Town at previous meetings is that you appear to have created additional risks by posting pedestrian crossings on the Covered Bridge that is not a suitable duel use bridge. There is no sidewalk in the Covered Bridge and there are trusses and support pieces that a pedestrian can trip on in the dark. Additionally, if you take the King Bowstring Bridge out, you will have roads on either side of the gorge leading straight down into a swiftly running stream. "3) The final piece in the risk management process is to purchase a good liability policy to cover any casualties in the case of an unfortunate loss. It is my understanding that the County and the Town both carry liability insurance. I refer you to your insurance brokers for additional information on the appropriateness of your coverage." Karen VanEtten, Town of Newfield resident, also spoke about the King Bowstring Bridge and distributed a copy of a letter from the Department of Environmental Conservation. She reiterated her request for the preservation of the Bridge. The Newfield Town Board will be meeting tomorrow evening to discuss a proposed resolution regarding the Bridge and its preservation. The idea encompasses removing the old bridge, saving the Bowstring trusses, laying the steel I -beams across the gorge, redecking, and welding back on the steel trusses which will allow the reopening of the Bridge. By keeping the original trusses on it, it will maintain its national -historic -register -eligible character. She hopes the appropriate Committee of the Legislature will consider working with the Town in a timely fashion so the residents will have a safe passage across the west branch of the Cayuga Inlet. Fay Gougakis, City of Ithaca resident, spoke about the Lake Source Cooling Project. She has been involved with the Cayuga Lake Defense Fund from the beginning and is concerned that Cornell does not have a monitoring system by the output. There are a number of monitoring systems in place, but not at the most critical point where the temperature could be higher. She does not understand why the Department of Environmental Conservation is not requiring such a monitoring system to be in place. She said the consultant is requesting this system be in place, but understands a study needs to be conducted. She is asking the leaders of the County to revisit this issue and request a monitoring system be put in place. Barbara Mink, City of Ithaca resident, provided information for members of the Legislature concerning the "Light in Winter" program and thanked the Planning, Development, and Environmental Quality Committee and the Strategic Tourism Planning Board for their support. The "Light in Winter" is a new winter festival planned for January 2004 and will be a celebration combining art, music and science. She feels the festival will be an economic boost to the community and a way to introduce people who live here to others who live here and are doing great things such as some of the scientists and musicians in the area. She hopes the festival will become self -sustainable year after year. Mike Raffe, Red Cross, reported on a unique project between the Ithaca City School District and the Red Cross concerning the eradication of measles in Africa. A fourth-grade teacher and an art teacher 153 April 15, 2003 of the Town of Caroline elementary school are working to put a six-week curriculum piece together to study the measles initiative including making grants, looking at maps and graphs, etc. This project is being done by students in the fourth grade. Mr. Raffe also reported on the recent ice storm in the north and said he spent a week in Albany assisting. He commented that this County and emergency personnel did a good job in responding to the ice storm this area experienced in January. He highlighted the fact that the high-risk population including the elderly and seniors, people on medical equipment, and people with young children, are very vulnerable and the shelters fill up quickly in an emergency situation. He said it is important that these people are covered in the planning, response, and recovery plan. The other comment he made was the importance to maintain communication and coordination with local utility companies and make sure the Public Service Commission and federal and state officials understand the importance of having local emergency response managers available when needed. Privilege of the Floor by Legislators Mr. Proto, District No. 7 Legislator, asked Mrs. Schuler if the Committee formed by Cornell she serves on to review data in relation to Lake Source Cooling was dissolved or if it continues to meet. Mrs. Schuler and Mr. Winch noted the Committee is ongoing and the next meeting is scheduled for May. Mr. Proto said the Water Resources Council will be submitting a request to include the Southern end of the Lake on the priority list of Water Bodies to the Federal Government. Ms. Blanchard, District No. 1 Legislator, announced that she would like to postpone the Distinguished Youth Award ceremony until the next meeting as many school districts are on vacation this week. However, Ms. Blanchard announced Elana Rosen White from the Alternatives Community School is this month's nominee and will be present at the next meeting to accept the award. Ms. Blanchard reported the Municipal Electric and Gas Alliance (MEGA) held its quarterly meeting April 11th and conducted a lot of business. She said a press release will soon be going out announcing MEGA will be offering energy produced from wind power as part of its program. A new electric power bid will be done within the year and it is hoped to begin accepting residential enrollments again. Ms. Kiefer asked if people could take advantage of purchasing wind power through MEGA even if they are not MEGA customers. Ms. Blanchard could not answer that question but will look into it. Mr. Booth, District No. 3 Legislator, spoke about the letter Ms. VanEtten distributed earlier in the meeting from the Department of Environmental Conservation (DEC) regarding the Beach Road Pedestrian Bridge. He said he has read it and noted there are a number of issues it raises that need to be addressed. He will ask Highway Manager Pete Messmer and County Attorney Jonathan Wood to respond as some of the information in the letter is inconsistent with information the County received from DEC. In addition, he noted that this letter was sent to a private citizen by a State Office of Parks, Recreation, and Historic Preservation official providing detailed information and recommendations on how the County should proceed. He does not feel the State of New York should be communicating in this manner with a county and will be looking into it. Mr. Booth remains convinced based on the County's professionals that the bridge should be taken out and that the County should not be financially responsible for the bridge. Ms. Kiefer, District No. 10 Legislator, announced there is a vacancy on the Library Board of Trustees. The term expires December 31, 2003 and is an at -large seat. The meetings are the fourth Tuesday of the month from 4-6 p.m. 154 April 15, 2003 Ms. Robertson, District No. 13 Legislator, briefly responded to Mr. Booth and noted that Ms. VanEtten is a member of the Town of Newfield Board and that the letter is in response to a phone call she made. Ms. Robertson announced this week is National Infant Immunization Week, April 13-19. As part of that celebration, the Health Department is conducting a walk-in immunization clinic until 6:30 this evening. In addition, she announced as part of a ten-day community conversation on transportation, May 10-21, there will be a number of events trying to encourage people to use alternative transportation and get out of their cars. More information is available on the web site: www.tompkins- co.org/ITCTC/cyc/info. Mrs. Schuler, District No. 4 Legislator, reported on a constituent of hers, Sam Paolini who is a Cornell University hockey player and who recently received the national Humanitarian Award for college hockey players. She stated that tonight we have seen recognition by the Youth Bureau in the elementary, middle, and high school students who had made contributions to the community. Sam Paolini is an example of a student who beginning as a first-year student at Cornell University and continuing for his four years at the University not only participated in, but created several charitable projects. Youth hockey, the food bank, programs at area elementary schools, special populations skate which allowed Ithacans with special needs to skate and play hockey with the team. This fall, he created "Power Play for Prevention", which has raised more than $11,000 for the Ithaca Breast Cancer Alliance. His team wanted to support Sam's efforts and they as a team got involved as well with the programs. He certainly is deserving of the Humanitarian Award for college hockey's finest citizen. Mrs. Schuler also reported on a meeting she attended April 111 where representatives from Cooperative Extension, Weights and Measures, and the Health Department gave status reports concerning the Neighbor Notification Law. Steve Nicholson, Environmental Management Council Chair, has produced a GIS information sheet for commercial applicators that will identify where their customers live. Mr. Lane, District No. 14 Legislator, spoke about the group of youth that attended one of the Legislature meetings recently inviting members to the Golden Ash Awards ceremony. The event was held at the State Theatre he and said he was very impressed. There were young people from Tompkins, Cortland, and Tioga Counties performing and publicizing their effort to reverse the trend toward promotion of cigarette smoking in Hollywood in movies and on television. Mr. Lane also brought to the Legislature's attention that it was reported Governor Pataki has now withdrawn from budget negotiations. He spoke about the process and said it needs to change and be opened up to the people and a committee process put in place. Ms. McBean, District No. 2 Legislator, announced SONDA (Sexual Orientation Non - Discrimination Act) passed. She attended an information session recently and commented Legislator Herrera and Sheriff Meskill were also in attendance. She encouraged individuals to learn more about this Act and anyone may contact the Human Rights Commission for more information. The one piece missing from the Act is gender identity but she hopes there will be more work done to include that piece. Ms. Herrera, District No. 5 Legislator, praised the Solid Waste Division and the staff for their hard work and efforts in handling the number of residents coming in at one time using the drop-off center. She noted that Saturday mornings are very busy and a press release is being sent out to let people know to deter the long wait, the Center is also open at 7 a.m. on Saturdays and weekdays. Presentation - "Change" Video 155 April 15, 2003 Ms. McPheeters, Chamber of Commerce President, showed a video called "Change". The video was made this year to show at the Chamber's annual dinner and it tries to get at the core issue of change in the community. Report from the Chair Mr. Joseph updated the Legislature on the activities of the PushBack group and the State Budget. Meetings have been held with Assemblywoman Lifton and Senator Seward. The County's message "not to pass the State's problems down to the County because counties have enough of their own" was restated in the meetings. The message received a good reception from both officials. Assemblywoman Lifton was clearly on the County's side. Senator Seward stated very clearly his support for capping Medicaid. The meeting was held in Oneonta and Mr. Joseph feels the number of people that went made a good impression. He feels the State Legislature is getting the message from the counties. He said he spoke to Ken Crannell of the New York State Association of Counties, concerning the County's meeting with the State officials. He learned that New York City has rejected the Medicaid swap the Governor was proposing. Mr. Crannell said he met with Assembly and Senate staff to discuss a layout of how a Medicaid cap could be implemented. Mr. Crannell noted that there is not much interest in county problems and said money will be put back in the Budget for education and health care. Report from the County Administrator Mr. Whicher updated the Legislature on the status of the search team for the Social Services Commissioner's position. The following individuals have agreed to serve on the team: Martha Robertson, Legislator Daniel Winch, Legislator James Brown, United Way Executive Director Shawn Martel Moore, Human Rights Director Marge Dill, Human Services Coalition Executive Director Becky Bush, Director of Eligibility at the Department of Social Services David Chase, Welfare Examiner at the Department of Social Services He said this is a County Administrator's appointment subject to confirmation of the Legislature. The team will be discussing the process and hopes to make a recommendation by October. The first meeting is being held next week. Report from the County Attorney Mr. Wilson, Deputy County Attorney, did not have a report. Report from the Finance Director Mr. Squires noted that Philip Morris, the Alterior Corporation, has been successful in reducing the bond for the judgement in Illinois. As a result of that action, the payment due today was made for the Tobacco Settlement. In the future, the County should be receiving $535,000, which is less than last year, but the budget estimate assumed there was going to be a continuing decline in the income stream. In addition, he provided copies of a current list of foreclosed properties that will be sold at the May 17th auction. There are ten properties from the County and four from the City of Ithaca that will be offered. 156 April 15, 2003 He reported the centerpiece of the President's tax policy is the elimination of taxes on dividends. If that change takes place, it will result in increased property taxes at the County level as it will drive down the market for municipal bonds. Additions of Resolution(s) to the Agenda There were no resolutions added to the agenda. Withdrawal of Resolutions from the Agenda There were no resolutions withdrawn from the agenda. Resolution(s) Approved Under the Consent Agenda It was MOVED by Mr. Booth, seconded by Ms. Robertson, and unanimously adopted by voice vote by members present, to approve the following resolutions under the Consent Agenda: RESOLUTION NO. 76 - AFFIRMING ITHACA-TOMPKINS COUNTY TRANSPORTATION COUNCIL (ITCTC) RECOMMENDATION TO INCREASE THE ITHACA-TOMPKINS COUNTY TRANSPORTATION COUNCIL (ITCTC) STAFF DIRECTOR'S SALARY MOVED by Mr. Booth, seconded by Ms. Robertson, and unanimously adopted by voice vote by members present, under the Consent Agenda. 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, on February 5, 2002, the Tompkins County Board of Representatives passed Resolution No. 6 affirming Ithaca -Tompkins County Transportation Council (ITCTC) recommendation to establish the 1TCTC Planning Director's salary above the salary range, and affirmed annual salary increases of 4.25 percent for the years 2000, 2001, and 2002, and WHEREAS, on March 11, 2003, the ITCTC passed resolution 03-1 to increase this salary by an additional 4.25 percent effective January 1, 2003, 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, Development and Environmental Quality Committee, That the Tompkins County Legislature affirms the adjustment of the salary for the Ithaca -Tompkins County Transportation Council Planning Director by an increase of 4.25 percent effective January 1, 2003, ($64,807) as approved by the Ithaca -Tompkins County Transportation Council. 157 SEQR ACTION: TYPE II -20 April 15, 2003 RESOLUTION NO. 77 - APPROVAL OF CONTRACT FOR ARTS AND CULTURE STABILIZATION - COMMUNITY ARTS PARTNERSHIP MOVED by Mr. Booth, seconded by Ms. Robertson, and unanimously adopted by voice vote by members present, under the Consent Agenda. WHEREAS, the Board of Representatives has contracted with Community Arts Partnership ("CAP") 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, CAP recognizes that the local arts and culture community is a valuable and unique asset, and a need exists to harness the power of the arts to develop tourism growth, and if strategically managed, would stabilize and develop these assets to better serve tourists through well-planned marketing efforts, and WHEREAS, Resolution No. 46 of 2003 authorized funding of $74,250 for tasks B and C of the Stabilization and Development of Arts and Cultural Tourism Assets Plan, and WHEREAS, the results would offer improved access to purchasing tickets to the arts and cultural events, and strengthen assets by directing organizations to long-term planning and coordination, and WHEREAS, the arts and culture community would better position itself in the marketplace to attract more visitors to Tompkins County, thus generating more dollars into the local economy, and WHEREAS, these improvements are intended to further the County's tourism program, and WHEREAS, the Stabilization and Development of Arts and Cultural Tourism Assets Plan for up to $45,100 has been reviewed and recommended by the Strategic Tourism Planning Board, now therefore be it RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee, That the County Administrator or his designee is authorized to execute an amendment to the Community Arts Partnership contract for up to $45,100 to carry out task A outlined in the plan. SEQR ACTION: TYPE II -20 Explanation: This plan involves three tasks: A) Secure the Ticket Center to better meet the challenges of increased performing arts activities/ticket sales; B) Create comprehensive arts marketing plan; and C) Develop and implement plan for financial and operational stabilization RESOLUTION NO. 78 - AUTHORIZATION TO INCREASE HOURS - DIRECTOR OF PATIENT SERVICES - HEALTH DEPARTMENT MOVED by Mr. Booth, seconded by Ms. Robertson, and unanimously adopted by voice vote by members present, under the Consent Agenda. WHEREAS, the Public Health Preparedness/Response for Bioterrorism Grant continues to require increased staff time, and WHEREAS, the Director of Patient Services is needed to work an additional five hours per week to complete deliverables as required by the grant and to manage the smallpox vaccination program, now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, That the position of Director of Patient Services (89/0230), labor grade R, competitive class, be increased from 35 hours per week to 40 hours per week for the period of April 16, 2003, through August 31, 2003, 158 April 15, 2003 RESOLVED, further, That no additional funds are required to accommodate this change, as funds have come from the Bioterrorism Grant. SEQR ACTION: TYPE II -20 RESOLUTION NO. 79 - AWARD OF BID - AIRPORT EXTERIOR LANDSCAPING - ITHACA TOMPKINS REGIONAL AIRPORT MOVED by Mr. Booth, seconded by Ms. Robertson, and unanimously adopted by voice vote by members present, under the Consent Agenda. WHEREAS, the Department of Finance, Division of Purchasing, has duly advertised for exterior landscaping services at the Ithaca Tompkins Regional Airport, and WHEREAS, two (2) bids were received and publicly opened on March 25, 2003, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the bid be awarded to Pro -Lawn Landscaping of Ithaca, New York, as the lowest responsible bidder with an annual contract value of $17,900 for a period of one year with the option to renew for two additional one-year terms, RESOLVED, further, That the County Administrator is hereby authorized to execute a contract with Pro -Lawn Landscaping, funds being available in the Airport's budget. SEQR ACTION: TYPE II -6 Appointments Approved Under the Consent Agenda It was MOVED by Mr. Booth, seconded by Ms. Robertson, and unanimously adopted by voice vote by members present, to approve the following appointments under the Consent Agenda. Criminal Justice Advisory/Alternatives to Incarceration Board Patricia Buechel - At -large representative; term expires December 31, 2004 Fish and Wildlife Management Board Dan Winch - County Legislator - term to expire December 31, 2003 Regional Forest Practice Board Dan Winch - County Legislator - term to expire December 31, 2003 Presentation of Certificate Mr. Lane presented a Certificate of Appreciation in recognition of 10 years of service in Tompkins County to Chair Joseph. Report and Presentation of Resolution(s) from the Planning, Development, and Environmental Quality Committee Mr. Lane, Chair, said the Committee met April 2 and most of the business is reflected on the agenda in the form of resolutions. The Committee discussed the Comprehensive Plan and the revised statement of purpose and the elements to be prioritized by the Planning Advisory Board. The Committee reviewed and discussed at length the Planning Department's work plan. The Chamber of Commerce beautification grant was discussed and an update on the Convention and Visitor's Bureau quarterly report was provided. Tompkins County Area Development reviewed their progress report on the Economic Development Strategy. 159 April 15, 2003 Mr. Lane, Industrial Development Agency (IDA) Chair, reported the committee met and reviewed the Ciminelli Project. Information was provided and some of the points raised were discussed. Both the inducement and the bond resolution were authorized by the IDA. A resolution for the Cayuga Green parking garage project was discussed. The inducement resolution was approved and the bond resolution will be discussed at a future meeting. Mr. Proto asked if Ciminelli had purchased the property. Mr. Lane said he was not sure if the sale had taken place; he stated no bonds would be issued for the property until the issue of the title is resolved. Mr. Proto asked if the Eminent Domain process was being relied upon at this point. Mr. Lane responded that the project is in the developer and City's hands at this point and that the IDA is only a financing and tax abatement part of the project. Mr. Proto said according to the Ithaca Journal last week, the vote was broken into two parts and asked Mr. Lane to explain this. Mr. Lane stated the inducement resolution is basically a resolution stating there is a desire to move forward with this and the various incentives that have been requested. The bond resolution is to authorize the tax-exempt bonding to go forward so that they can be issued by the potential issuers. Mr. Lane said the bonding is only for the office building portion of the Ciminelli project because that is a not-for-profit entity. The hotel portion is not eligible for tax-exempt status and there is no bonding for that. Mr. Proto asked what was included on the agenda for the April 16 IDA meeting. Mr. Lane said the IDA has wanted to look at the downtown density policy and will likely do this at that meeting. Mr. Proto said when he served on the IDA several years ago there was discussion about the density policy and ways to go about encouraging the City's projects. He stated there was discussion about how Michael Stamm would help other municipalities review similar density projects to encourage some sort of work to be done in other areas of the County. Mr. Lane said when that policy was adopted for the City of Ithaca it was very clear that it was not limited to the City of Ithaca and that any other municipality could put together a proposal to the IDA. To date there have been no proposals that have been brought forward; however, Mr. Lane will look into this at tomorrow's meeting. Ms. Blanchard stated the Municipal Officials will meet on April 22 and this would be an opportunity to reinforce this. RESOLUTION NO. 80 - AUTHORIZING MULTI-YEAR PLANNING TECHNICAL - ASSISTANCE AGREEMENTS MOVED by Mr. Lane, seconded by Ms. Herrera. Mr. Proto stated in the past approval by the Legislature was required to authorize multi-year agreements and asked if this would this was no longer necessary. Mr. Marx, Commissioner of Planning, stated this would authorize the Planning Department to enter into these agreements without coming back to the Legislature each time. He said there would also be provisions that there would be an option to terminate with reasonable notice. Mr. Proto requested that additional language be added to the resolution that requires the Legislator for the district be informed during the process. A final Resolved was added to reflect this request. A voice vote on the resolution resulted as follows: Ayes - 13, Noes - 0, Excused - 2 (Legislators Koplinka-Loehr and Penniman). RESOLUTION ADOPTED. WHEREAS, it is in the interest of Tompkins County to support local municipal planning efforts through the services of the County Planning Department, and WHEREAS, local assistance efforts that are currently provided on a project specific basis could be more effectively delivered through multi-year contracts and work programs, and WHEREAS, such multi-year technical -assistance agreements would provide greater financial certainty to both county government and local municipalities and better assure the continued availability of staff resources to deliver such services, and WHEREAS, comprehensive, multi-year local assistance agreements were identified in 2002 as part of the Planning Department's long-term budgetary plan, now therefore be it 160 April 15, 2003 RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee, That the Tompkins County Planning Department is authorized to negotiate multi-year technical -assistance agreements to provide planning services to any municipality in Tompkins County, RESOLVED, further, That the fee for services shall be based upon a formula that equitably distributes the 50 percent local share of program costs among participating municipalities, RESOLVED, further, That such agreements shall not exceed three years in duration and shall include a clause allowing termination after reasonable notice, RESOLVED, further, That the County Administrator is authorized to execute said contracts, RESOLVED, further, That prior to approval by the County Administrator, a copy of said agreement shall be furnished to the County Legislator representing the district for which the contract is effective. SEQR ACTION: TYPE: II -20 RESOLUTION NO. 81 - AUTHORIZATION TO LOAN MONIES TO F&T DISTRIBUTING COMPANY, INC., FROM THE TOMPKINS COUNTY REVOLVING LOAN FUND MOVED by Mr. Lane, seconded by Ms. Herrera. Mr. Lane said a question was raised about the SEQR for this resolution and whether or not the County is an involved agency. Mr. Lane stated the County is not an involved agency so there will not be a coordinated review. Ms. Kiefer said she had raised the question about SEQR and whether this project could move forward without this loan. She stated if it cannot she believes the County is an involved agency, whereas if it could, the County would not be an involved agency. Mr. Marx said the equipment portion of this would have to be financed some other way. He did not know whether the facility would move forward without these funds. He said there have been similar projects where the County has made similar SEQR fmdings. He said the actual elements being funded by Economic Development Loan monies would not be subject to SEQR. Ms. Kiefer said she supports this project; however, she continues to have concern about the use of SEQR types in resolutions. A voice vote on the resolution resulted as follows: Ayes - 13, Noes - 0, Excused - 2 (Legislators Koplinka-Loehr and Penniman). RESOLUTION ADOPTED. WHEREAS, the Tompkins County Economic Development Revolving Loan Fund provides loans to businesses at below-market interest rates to facilitate project implementation, and WHEREAS, these loans are made using repaid United States Department of Housing and Urban Development Small Cities Community Development Block Grant funds that are targeted for economic development activities to benefit low and moderate income persons, and WHEREAS, the Economic Development Revolving Loan Fund Oversight Committee has recommended that Economic Development Revolving Loan Funds be used for equipment acquisition and overhead expenses related to the F&T Distribution Center Construction Project, that concern being a food distribution company, and WHEREAS, the project will enhance the local economy by providing jobs and expanding goods and services, and WHEREAS, enhancement of the local economy is supported by the Interim Vital Communities Development and Preservation Principles, and WHEREAS, the environmental impact of the proposed facility will be subject to State Environmental Quality Review as part of the permitting process in the Town of Dryden, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the County is hereby authorized to sign a Loan and Development Agreement with F&T Distributing Company, Inc., contingent upon permit approval from the Town of Dryden, 161 April 15, 2003 RESOLVED, further, That the County Administrator be authorized to sign all documents related to this loan, and that the County Finance Director be authorized to adjust the budget in the following manner: REVENUES 8693.44700 Repaid Econ. Dev. Loans $95,000 EXPENSES 8693.54400 Program Expense $95,000 SEQR ACTION: TYPE II -21, TYPE II -25 RESOLUTION NO. 82 - APPROPRIATION OF 2003 - 2004 BUDGETS FOR THE ITHACA- TOMPKINS COUNTY TRANSPORTATION COUNCIL MOVED by Mr. Lane, seconded by Ms. McBean, and unanimously adopted by voice vote by members present. WHEREAS, Tompkins County serves as the Host Agency for the Ithaca -Tompkins County Transportation Council, the Metropolitan Planning Organization for the Ithaca -Tompkins County 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 2003-2004 fiscal year, beginning April 1, 2003, and ending March 31, 2004, in the amounts of $190,224 from the Federal Highway Administration and $33,856 from the Federal Transit Administration, and WHEREAS, the Policy Committee of the Ithaca -Tompkins County Transportation Council has adopted resolution 03-2, APPROVAL OF THE 2003-2004 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, Development and Environmental Quality Committee, That the budgets for the Ithaca -Tompkins County Transportation Council, as presented in "ATTACHMENT N' to this resolution, be amended in the 2003 Tompkins County budget and that the County Finance Director be authorized to expend such funds for the period from April 1, 2003, through March 31, 2004. SEQR ACTION: TYPE II -20 CODE .4959 ATTACHMENT A 20 1 3-2004 ITCTC OPERATING BUDGET REVENUES: FEDERAL AID $190,224 $33,856 $224,080 EXPENSES: COMBINED SALARIES $115,597 20,399 135,996 .8800 FRINGE 34,679 6,120 40,799 .2206 COMPUTER EQUIPMENT 600 200 800 .2210 OTHER EQUIPMENT 0 0 0 .2212 FURNITURE & FIXTURES 300 200 500 .2230 COMPUTER SOFTWARE 350 150 500 .4303 OFFICE SUPPLIES 900 700 1,600 .4330 PRINTING 748 787 1,535 .4332 BOOKS/PUBLICATIONS 162 400 100 500 April 15, 2003 .4400 PROGRAM EXPENSE 19,000 0 19,000 4402 LEGAL ADVERTISING 2,000 0 2,000 .4412 TRAVEL/TRAINING 800 700 1,500 .4414 LOCAL MILAGE 800 700 1,500 .4416 PROFESSIONAL DUES 300 300 600 .4424 EQUIPMENT RENTAL 3,500 0 3,500 .4425 SERVICE CONTRACTS 1,200 0 1,200 .4432 RENT 200 800 1,000 .4442 PROFESSIONAL SERVICE FEES 800 700 1,500 .4452 POSTAGE SERVICES 3,500 0 3,500 .4472 TELEPHONE 1,550 1,000 2,550 .4618 INTERDEPARTMENTAL CHARGE 500 500 1,000 .4905 CENTRAL COST ALLOCATION 2,500 500 3,000 TOTAL EXPENSES $190,224 $33,856 $224,080 RESOLUTION NO. 83 -FUNDING OF TOURISM DEVELOPMENT GRANTS - ITHACA HARMONY IN NATURE AND PALEONTOLOGICAL RESEARCH INSTITUTION AND BUDGET APPROPRIATION MOVED by Mr. Lane, seconded by Ms. Robertson. Mr. Proto stated he was assured by Barbara Mink that the County is not making a guarantee for multi-year funding. A short roll call vote on the resolution resulted as follows: Ayes - 13, Noes - 0, Excused - 2 (Representatives Koplinka-Loehr and Penniman). RESOLUTION ADOPTED. WHEREAS, Tompkins County has a grant program for tourism development using funds drawn entirely from the Room Occupancy Tax, and WHEREAS, Tompkins County has received and reviewed grant applications for recommendation to the Tompkins County Legislature through the Budget and Capital Committee and the Planning, Development and Environmental Quality Committee, now therefore be it RESOLVED, on recommendation of the Strategic Tourism Planning Board and the Planning, Development and Environmental Quality Committee and Budget and Capital Committee, That the following grants be approved: Ithaca Harmony in Nature - Light in Winter: Paleontological Research Institution - Discovery Trail Promotion: $25,000 $16,000 $41,000 RESOLVED, further, That $41,000 shall be appropriated from the Room Tax Fund Balance, RESOLVED, further, That the Director of Finance be authorized and directed to make the following budget appropriation: FROM: 0908.00000 Room Tax Fund Balance $41,000 TO: 6475.54444 Development Grants $41,000 RESOLVED, further, That the County Administrator or designee shall be authorized to sign any documents related to the aforementioned projects. 163 SEQR ACTION: TYPE II -20 April 15, 2003 Report from the Budget and Capital Committee Mr. Booth, Vice Chair, reported the Committee met and voted on a resolution that will come to the Legislature following approval by the Communications Capital Projects Committee. The Committee discussed the proposed New York State Budget and decided it would not be appropriate at this time for the County to take any action to address funding issues in the 2003 budget since the State's budget is not yet final. Mr. Booth said the County Administrator and Finance Director reported the County may face a $2 million shortfall in the 2003 County budget. Mr. Whicher provided the Board with an update on the status of the proposed New York State budget. Mr. Whicher said he met with Human Services Coalition members to advise them of the difficulties the County is facing in the current budget and let them know that 2004 would be very difficult. He suggested they begin considering how they would respond to a scenario of a 15 -percent reduction. Mr. Whicher said he strongly advised them to participate in a campaign to influence their senators to address the structural issues that are being presented in the Governor's budget. Report and Presentation of Resolution(s) from the Health and Human Services Committee Ms. Robertson, Chair, reported the Committee met on April 2 and discussed the County Administrator's process and personnel for the Department of Social Services Commissioner search committee, as he reported earlier tonight. The Committee met with Kathy Schlather and reviewed the criteria and process she is using to evaluate the Alternatives -to -Incarceration programs. She'll incorporate Committee comments to the extent possible, and will report to the Health and Human Services and Public Safety Committees later this year. Marge Dill, Executive Director of the Human Services Coalition, gave an overview of the Coalition's 2003 work plan. She also shared posters that advertise a new website, www.volunteertomnkins.org, which provides information about volunteer organizations and the opportunities available. Bill Hawley, Executive Director of the Senior Citizen's Council, introduced himself. He began at the Council this past January 2. He noted that within the last two years the full staff has turned over; however, the Board membership has been very stable. He distributed information and invited Committee members to visit the Council on April 291 at 8:30 a.m., as part of site visits organized by the Human Services Coalition. Ms. Robertson reported the Smallpox Vaccination Program is temporarily on hold due to three deaths recently with cardiac complications. The screening guidelines are being revised, which will likely result in fewer staff being vaccinated at the hospital and Health Department. Alice Cole, Public Health Director, provided the Committee with an update on SARS. There have been no reported cases in Tompkins County, although in some surrounding counties there are suspected cases. Cornell University and Ithaca College have been very proactive from the beginning of the outbreak of this disease. The Health Department actively sends updates to all physicians and EMTs and remains in high alert mode. Nancy Zahler, Director of the Youth Services Department, presented the Three -Year Plan as decided by the_Youth Services Board, and their approach to resource allocation for 2004. She said she had advised the Youth Services Board to estimate a $250,000 budget cut. This is based on a ten percent reduction in youth services in the proposed Governor's budget (equivalent to a $29,000 cut); projection of a 15% reduction in the Department's Fiscal Target; and $73,000 in rollover being used this year that will not be available next year. 164 April 15, 2003 The Committee discussed guest editorial assignments, the topics each Committee member is working on, and the expected dates for completion. Ms. Robertson stated her piece on the topic of State budget impacts on health and human services is almost ready to send out. The next meeting will be May 7t1 at 11:30 a.m. She announced there will be no meeting on April 171 due to lack of quorum, and the May 15th meeting has been rescheduled to May 22nd RESOLUTION NO. 84 - SUPPORT OF MENTAL HEALTH SERVICES FUNDING MOVED by Ms. Robertson, seconded by Ms. Kiefer, and unanimously adopted by voice vote by members present. WHEREAS, the State of New York has historically provided mental-health services for its residents, including adequate treatment, housing, education, and rehabilitative services to the mentally disabled, developmentally disabled, and persons suffering from chemical dependency, and WHEREAS, the proposed 2003-2004 New York State budget envisions funding and regulatory changes in mental health, including the capping of overburden payments to counties, which would reduce the State responsibility from one hundred percent to approximately twenty-five percent, and WHEREAS, these changes would require a transfer of approximately $1.2 million in costs of providing such services from the State to Tompkins County, through a shift of clients to Medicaid, a loss of reinvestment funds in the current year, and the closing of Elmira Psychiatric Center with no plan for increased local services, and WHEREAS, the Mental Health Services Board is charged with the responsibility of advising the County Legislature regarding budgetary issues, and in this capacity passed a budget resolution on March 24, 2003, and WHEREAS, the Tompkins County Mental Health Services Board advises the Health and Human Services Committee of the Tompkins County Legislature to support and advocate for the attached Budget Position Memorandum, now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, That the Tompkins County Legislature supports the attached Budget Position Memorandum and strongly urges the maintenance of mental health services across the State, RESOLVED, further, That copies of this resolution and the attached "Budget Position Memorandum" be sent to Governor George Pataki, Senator James L. Seward, Senator John R. Kuhl, Senator Michael Nozzolio, and Assemblywoman Barbara Lifton. SEQR ACTION: TYPE II -20 Budget Position Memorandum Mental Health • Reauthorize Community Mental Health Reinvestment Funding: Although the Governor's budget proposes to reinstate some form of reinvestment in next year's budget, we support the reauthorization of community reinvestment in the 2003-2004 budget. Closures are proposed for this year that will impact local services. Savings realized this year should be reinvested in communities that will provide services to patients relocated to those communities. Since their care was a state responsibility, funding for local services should not be borne by property tax. • Assure proposed Medicaid Initiatives hold counties harmless from increases in County Medicaid Costs: Current funding change proposals will transfer funding from 100% state funded reinvestment dollars to Medicaid. The proposals state that the funding will be 50% federal and 50% state but since New York is a state wherein counties share Medicaid costs, specific mechanisms to assure that counties are not charged for such Medicaid expenditures should be defined before support is given to this proposal. • Enact A.4085/S.1152 to limit the cost of court ordered chargebacks to 30 days: Individuals found incompetent to stand trial following a CPL §730 examination 165 MR/DD April 15, 2003 and individuals hospitalized from county jails are hospitalized in state facilities. Half the cost of these hospitalizations are a charge to the county. It is our position that the New York taxpayer has already paid for the services of state facilities and is charged again for the same service through property tax. While elimination of this charge is not now being considered, we SUPPORT the limitation of this charge to 30 days of hospitalization. Assure adequate Children's Services: If the proposed closing of Elmira Psychiatric Center relocates the nearest children's state beds to Rochester, local services should be enhanced so as to minimize the problems that will result from the distance involved. • Continue support of Medicaid Overburden Funding. Eliminate cap on overburden as proposed: We OPPOSE the capping of overburden to counties. Overburden is the mechanism with which the state assures that funding that is a 100% state responsibility does not incur a local cost when Federal participation is added through Medicaid. Since many programs are now being considered for such a funding shift, it is essential that this mechanism keep pace with increasing use of such a funding strategy. The alternative could be local decisions that the 25% local cost would make the service unaffordable. • Support year #5 of NYS CARES to provide services to persons with mental retardation and developmental disabilities: Local services to the developmentally disabled have proven to be a successful and cost effective approach to providing the required care as New York shifts its approach to community based services. Substance Abuse Restore $9 million in local assistance for prevention and treatment programs: We OPPOSE cuts in local assistance deficit fmancing until such time as new rate structures prove to support the operation of local treatment and prevention programs. Support efforts to assist with appropriate treatment of persons with dual diagnosis: While the state acknowledges the seriousness and high prevalence of co- occurring disorders, current funding and program regulations act to prohibit effective treatment of such disorders. Regulatory and funding reform is essential if we are to be successful in developing treatment and preventive programs that can deal with this phenomenon. Report and Presentation of Resolution(s) from the Public Safety Committee Ms. Blanchard, Chair, reported the Committee met on April 3 and received an in-depth presentation about the Probation Department and the mandated services that Department provides. Ms. Blanchard said there was a great deal of information relayed to the Committee, including statistics on how many open cases there are. She stated the Department currently supervises 750 individuals; 53 are involved in City Drug Court and 44 in Felony Drug Court. Ms. Leinthall informed the Committee this is a substantial increase in caseloads over the number of cases three years ago. She also said they are much more difficult cases because they often involve drugs and violence. A separate meeting will be scheduled to discuss the alternative to incarceration services the Department provides. Ms. Blanchard reported the Committee approved the Alternatives -to -Incarceration Annual Plan and discussed possibilities for keeping the STOP -DWI and Domestic Violence Prevention Programs whole by using some opportunities that look promising but need further exploration. The Committee will meet April 171 and will hear a presentation on mandated services at the Sheriffs Department with respect to the Corrections Division. Ms. Blanchard announced the May 1 Committee meeting has been cancelled. RESOLUTION NO. 85 - ACCEPTANCE OF ANNUAL ALTERNATIVES -TO - INCARCERATION CONSOLIDATED SERVICE PLAN 166 April 15, 2003 MOVED by Ms. Blanchard, seconded by Ms. Herrera. A voice vote resulted as follows: Ayes - 12; Noes - 1 (Legislator Winch); Excused - 2 (Legislators Koplinka-Loehr and Penniman). RESOLUTION ADOPTED. WHEREAS, the Criminal Justice Advisory/Alternatives-to-Incarceration Board at its January 27, 2003, meeting approved the Annual Alternatives -to -Incarceration Consolidated Service Plan, and WHEREAS, a new requirement calls for the legislative/governing body approval to accompany the Plan upon submission to the New York State Division of Probation and Correctional Alternatives, now therefore be it RESOLVED, on recommendation of the Public Safety Committee, That the Tompkins County Legislature approves the 2003 Alternatives to Incarceration Consolidated Service Plan for Tompkins County. SEQR ACTION: TYPE II -20 RESOLUTION NO. 86 - ACCEPTANCE OF PHASED SCOPE OF WORK AND AUTHORIZATION TO ENTER INTO A CONTRACT WITH JACOBS FACILITIES, INC., FOR PROFESSIONAL SERVICES - PUBLIC SAFETY BUILDING MOVED by Ms. Blanchard, seconded by Mr. Booth. Ms. Blanchard stated she feels this project has been unfairly characterized as a jail project. She said this is much more than a jail project, and that there are a number of long-term major needs for repairs to the entire facility of the Sheriffs Department. A voice vote resulted as follows: Ayes - 13, Noes - 0, Excused - 2 (Legislators Koplinka-Loehr and Penniman). RESOLUTION ADOPTED. WHEREAS, the County of Tompkins has approved a Capital Project for renovation and improvements to the Public Safety Building, and WHEREAS, the Board of Representatives by Resolution No. 300 of 2002 authorized negotiation of a contract with Jacobs Facilities, Inc., of Arlington, Virginia, and Scotia, New York, for planning and design services for this project, and WHEREAS, Jacobs Facilities, Inc., has presented a Scope of Work for these services covering several phases of design and decision-making that will accomplish the intent of the project, and HEREAS, while the cost of completing the entire Scope of Work is currently estimated at approximately $300,000 only $90,000 is available in the Capital Project budget to support such services during 2003, now therefore be it RESOLVED, on recommendation of the Public Safety Committee, That the general outline of services as reflected in the phased Scope of Work dated March 20, 2003, that will allow the project to move forward expeditiously and remain within budgetary limits is hereby accepted, RESOLVED, further, That the Board of Representatives affirms its commitment to completing the entire Scope of Work at such time as additional funds can be made available for the project, RESOLVED, further, That the Tompkins County Administrator is authorized to execute a contract between Jacobs Facilities, Inc., and Tompkins County in the amount of $90,000 to perform the services identified in the above-mentioned Scope as Work Element A, which will provide a review of capacity requirements, document existing conditions and develop alternative design concepts that will allow the Board to determine the best long-range plan for the building. SEQR ACTION: TYPE II -20 Report from the Facilities and Infrastructure Committee Mr. Booth, Chairman, reported the Committee is trying to arrange a tour of road and bridge projects. Once that is scheduled he will inform the Board. He said the Committee continued discussion of funding options in regard to the Red Mill Road Bridge replacement. The Committee adopted a list of 167 April 15, 2003 goals for 2003; Mr. Booth will distribute copies to all members of the Legislature. Mr. Booth said next month the Committee will begin discussion on priorities and projects at the Airport, particularly in view of funding and the likelihood the Airport may no longer be able to operate solely on its own revenues. Report from the Consumer and Community Affairs Committee Ms. Kiefer, Chair, reported the Committee will meet tomorrow at 2:30 p.m. At that meeting the Committee will receive an update from the Board of Elections on the availability of new voting machines. There will also be discussion on a change in the amount of the user fee for vehicles registered in Tompkins County. Report from the Government Operations Committee Ms. McBean, Vice Chair, reported the Committee met on April 10. She said a majority of the discussion was reflected in Mr. Squires comments relating to the auction of foreclosed properties. Ms. McBean said the Auction will be held on May 17 at the Human Services Building. She said the Committee decided to pull a couple of parcels from the list of those to be auctioned because of pending negotiations. She reported the County Attorney informed the Committee on the status of reorganization of that Office. Mr. Wood provided the Committee with statistics. Ms. McBean noted for the first quarter of 2003 there have been 20 juvenile delinquent cases filed; the total number for 2003 was 83. The next meeting will be May 8h. Report from the Communications Capital Projects Committee Ms. Blanchard, Chair, reported on the March 26 meeting and stated at that time the Committee received a briefing from Arel LeMaro on the status of the Communications Center. She said the contractors have reported they can complete construction on the building by mid September instead of November. She reported on the ground -breaking ceremony that took place last week and stated it was pleasing to see the project get underway. Mr. Whicher discussed the budget for the project and noted that there is adequate funding for all of the construction projects. However, the funding for the equipment was never included in the $3 million for the building. At the request of Mr. Squires a resolution will come before the Committee at the next meeting that will increase the capital project from $3 million to $5 million to cover those other costs. Mr. Shurtleff, Director of Emergency Response, provided the Committee with a detailed technical report on the AS400 system. Mikel Shakarjian talked about relationships with the Towns of Ithaca and Dryden and the Village of Lansing and reported initial contacts with those communities have been made in regard to towers that will need to be sited or improved in those communities. The Committee also received a report on the Department of Transportation Relocation project which is now seven years old. Ms. Blanchard said a lot of work has been done on the development of a memorandum of understanding with the State Department of Transportation about how the funds will flow for that project. The next meeting will be April 23 at 2:30 p.m. Report from the Space Needs and Location Committee Mr. Proto, Chairman, reported the Committee met on April 9 and discussed the 2003 workplan. Mr. Marx, Planning Commissioner, led the Committee through a draft that will include such things as developing standards for definitions so that everyone is talking about the same thing. There are several reports that exist in the Planning Department that will be reviewed. Included in that are evaluations of the Office for the Aging, Health Department, and Records Management needs. Mr. Proto said the Committee has a very aggressive timetable for 2003 and is looking at a five to ten year forecast on planning. He said negotiations have been taking place on a particular piece of property that falls into that plan and he will bring that to the Legislature at the appropriate time. The next meeting will be May 14. Approval of Minutes of April 1, 2003 168 April 15, 2003 It was MOVED by Mr. Winch, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, to approve the minutes of April 1, 2003 as corrected. MINUTES APPROVED. Adjournment On motion the meeting adjourned at 7:50 p.m. 169 May 6, 2003 Regular Meeting Called to Order Mr. 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 Legislators. Presentation of Proclamations Mr. Joseph read the following proclamations and declared: May 2003 to be Older Americans Month in Tompkins County and presented the proclamation to Lisa Holmes of the Office for the Aging. May 2003 to be Mental Health Awareness Month in Tompkins County and presented the proclamation to Kathy Wedge of the Mental Health Association. May 11-17, 2003 as Police Week and May 15, 2003 as Peace Officer's Memorial Day in Tompkins County and presented the proclamation to Peter Meskill, Sheriff. Mr. Meskill thanked the Board and recognized Deputy Sheriff Michael Day, who has served thirty-one years and has been recognized through a valor award presented by a local television station for his efforts in saving an individual from a fire in Newfield. May 2003 to be Community Action Month in Tompkins County and presented the proclamation to Lee Dillon, Director of Tompkins Community Action. Mr. Joseph presented the following individuals with service awards: Jonathan Wood, County Attorney - 10 years of service Nancy Schuler, Legislator - 15 years of service Privilege of the Floor by the Public Fay Gougakis, City of Ithaca resident, spoke about the potential closing of City of Ithaca facilities at Cass Park and the ice rink. She expressed the need to maintain the facilities for youth in particular as it assists in maintaining mental and physical well-being. She then expressed concern regarding awarding of tax abatements to businesses who do not give enough back to the community. She commended legislators who carefully review the requests to determine if the assistance is in the best interest of the community. Monika Roth, Cornell Cooperative Extension, spoke about work that has been completed and work that is plarmed for the future with regard to the Neighbor Notification Law adopted by the Tompkins County Legislature. She distributed a brochure that has been placed in garden stores that provides basic information regarding this law as well as phone and web reference information. Several meetings have been held for owners of garden centers and the landscape industry. At the present time a second brochure is being designed to provide information to those who hire landscaping firms. When asked about pesticide applications on a small portion of a rural property (ex. one-half acre out of twenty- five acres) it was explained that the requirement of posting and notification still applies, stating that if 170 May 6, 2003 anyone could walk by the area it requires posting of at least a minimum of two flags. It does not apply to farms or fruit and vegetable gardens, but does apply to residential areas. Presentation of Distinguished Youth Award Ms. Blanchard, District No. 1 Legislator, presented the April, 2003, Distinguished Youth Award to Elana Rosen White from the Alternatives Community School, for her school's service program. Ms. Blanchard shared with the Legislator the many activities Ms. White has undertaken including volunteering at Loaves and Fishes, Suicide Prevention and Crisis Center, assisting the School Social Worker at Belle Sherman School, assisting in a presentation on service learning at the Fall Forum of Coalition of Essential Schools held in Washington, D.C., and will participate in a cultural exchange/service trip to the Freedom School on the Akwesasne (Mohawk) reservation. Privilege of the Floor by Legislators Mr. Winch, District No. 8 Legislator, spoke of Newfield School District's successful cheerleaders and band and how they are both well known for their successes. He then reported of the band's recent success at a competition held in Virginia where they won first place in the ranking of schools having a student population of seven hundred -fifty or less. He commended Ms. Powell, band director, as well as the students, Fine Arts Booster Club, and the community for their part in making this happen through local fund-raising efforts and hard work. Mr. Penniman, District No. 15 Legislator, spoke in response to the comments made by Ms. Gougakis regarding tax abatements, stating that in general he supports tax abatements and the Industrial Development Agency (IDA) density policy. He said he feels the IDA does a good job and that Cornell University is making a contribution to the community by bringing employees to the downtown area. He noted his concern was in regard to the parking area involved. He feels the amount requested for it combined with the large subsidy gave him concern and it was for that reason he did not support the resolution. Mr. Koplinka-Loehr, District No. 11 Legislator, spoke of the historical background of Mother's Day, saying it was initially brought about as a day to remember peace. In 1870 Julia Ward Howe requested that a day be set aside to take council as to the means by which the great human family can live in peace. He asked that everyone remember on Sunday, May 11t, the spirit of where the nation is presently engaged and the original meaning of the day. Ms. Robertson, District No. 13 Legislator, spoke of a series of events concerning transportation issues within the County. She reported that on Saturday, May 10, 2003, a program entitled "Curb Your Car," a community conversation, will take place with information available at www.tompkins- co.org\itctc\cyc on the series. This is developed to provide information on alternative transportation methods for residents which will be especially useful during increased construction and road -repair season. Mr. Lane, District No. 14 Legislator, spoke of the State budget passing and that it did not provide tax relief for counties. He further commented on the County now having to review the information in order to determine how this budget will affect the County in the present and future budgets. Mr. Lane said that the initial review of information received indicates there is no cap on Medicaid expenditure. He then said the Governor has expressed his displeasure and has expressed the desire to inform the public of exactly what the budget does for them. Mr. Penniman, District No. 15 Legislator, indicated he would like to request an executive session at the end of the regular business meeting to discuss contractual matters. 171 May 6, 2003 Mrs. Schuler, District No. 4 Legislator, spoke of the upcoming Ithaca Festival that begins on May 29th, commenting on how the event has grown over the years. She provided the website of www.ithacafestival.org for individuals interested in seeing what is being offered as well as volunteering for this annual event. Ms. Herrera, District No. 5 Legislator, provided a reminder to constituents of the upcoming meeting of the fifth district/ward on May 13, 2003, from 7 p.m. to 9 p.m. in the Fall Creek Elementary gymnasium. This meeting will provide individuals an opportunity to have their opinions heard and ask questions of their City (Mr. Cogan and Mr. Hershey) and County (Ms. Herrera) representatives. Questions regarding this meeting may be directed to Ms. Herrera or Mr. Cogan. Mr. Todd, District No. 6 Legislator, spoke of the communication received providing a break- down of sales tax revenue for the first three months. He commented how the figures are just under seven percent less than the previous year. Mr. Penniman said he believed that the numbers for the previous year were higher than normal and believes that Mr. Squires would agree that the numbers are a bit down but on target with the budget projections. Mr. Penniman does not anticipate a tax surplus as has been seen in previous years. Ms. Robertson noted that part of the reduction may be due to the extremely inclement weather we had this winter. Report from the Chair Chair Joseph commented on what is known at this time on the State budget. In conversations with New York State Association of Counties representative Ken Crinnel he was informed that the legislative budget restored funding for Public Health and the Office for the Aging, did not restore the Probation Department, and reinstated County revenue sharing at a lower level than the previous year. With regard to the Department of Social Services it is hard to determine the full impact at this time. It restored over -burden aid at a higher level than the Governor and did not cap Medicaid costs for the County. He then reported on PushBack saying the group will continue to be active as the effect of pass- throughs resulting in increases in real property taxes is a continuing concern. The group is in the process of planning meetings with Senator Bruno and Assemblyman Silver to continue to express concerns. Also, the group is setting up meetings with Federal legislators to discuss how the Federal budget mandates also impact the State, counties, and educational field. Mr. Proto requested that the dates of these meetings be made available to the Legislature. Report from the County Administrator Mr. Whicher said the changes in the Department of Social Services budget are a key factor in the State budget as it has the potential to be very costly depending on what specifically is modified from the current budget. Once this information is received he will provide it to the Legislature. He provided a copy of the summary of 2003 budgets for counties outside of the New York City area which listed a variety of topics including real property tax levy changes, amended taxes within each county, and Medicaid growth within each county. Mr. Whicher said overall counties increased taxes 12.2 percent, and that some counties did not have an increase due to fund balances. He stated that the shift to county taxpayers is dramatic. Mr. Booth asked if Mr. Whicher knew the reason for the large variable in Medicaid growth in various counties. Mr. Whicher indicated he did not have any indication of the reason and could make inquiries. Report from the County Attorney Mr. Wood thanked the Legislature for the service award and commented that Ms. Cook in his office recently received one for twenty years of service. He commented on the longevity of employees within the County Attorney's office. 172 May 6, 2003 Mr. Wood then reported on the Lakeside Nursing Home's owner recently filing for Chapter 11 bankruptcy. He provided a brief background of the matter, saying that it had gone into a foreclosure process several years ago. From that point, the foreclosure has been held in abeyance and the home operated by a receiver who until recently had been making the agreed-upon payments for the back taxes. At the present time this facility owes approximately $600,000 in back taxes. Mr. Wood then explained the complexity of this situation as there are presently one hundred -sixty residents in the facility that would be affected. Mr. Wood plans to hire a bankruptcy lawyer to handle this situation. He explained filing for bankruptcy may not be a bad thing but that it is not known how much of the back taxes would be recovered and that it is important in the process to avoid repeating this situation in the future. Mr. Wood responded to questions from the Legislature, stating that the County pays the municipalities and schools from the warrant and then recovers funds from the owners. He said he feels confident the County will receive the majority the funds owed at this time, although there is extensive debt including a million dollars owed to the Internal Revenue Service. When asked about the feasibility of residents being placed at Longview or other facilities Mr. Wood explained it may not be an option as the State determines how many beds a facility may offer, taking into account the level of service offered. It was noted that Medicaid coverage at facilities also makes a difference in location of residents. Recently, the State Department of Health decertified a number of beds, bringing the number to 160 residents in an attempt to help with the financial distress. With regard to employee retention, it was reported that at the present time there is not any apparent concern regarding the hiring or retention of employees, however there does appear to be a loss of resident interest, which is an important factor for the nursing home to maintain its funding. Report from the Finance Director Mr. Squires was not present at this meeting. Additions of Resolutions to the Agenda There were no resolutions added to the agenda. Withdrawal of Resolutions from the Agenda There were no resolutions withdrawn from the agenda. Resolution(s) Approved Under the Consent Agenda It was MOVED by Mr. Booth, seconded by Ms. Herrera, and unanimously adopted by voice vote, to approve the following resolutions under the Consent Agenda: RESOLUTION NO. 87 - AUDIT OF FINAL PAYMENT - TRUMBULLS CORNERS ROAD BRIDGE REPLACEMENT MOVED by Mr. Booth, seconded by Ms. Herrera, and unanimously adopted by voice vote, under the Consent Agenda. WHEREAS, the work performed by Silverline Construction has been completed as authorized by Resolution No. 203 of 2001, to construct two replacement bridges on Trumbulls Corners Road, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the final claim against the County of Tompkins be and hereby is audited by the Tompkins County Legislature: Vendor Payment Request Account No. Amount Silverline Construction Six (Final) HZ5103.53.04 $48,793.21 173 May 6, 2003 RESOLVED, further, That the Finance Director be and hereby is authorized and directed to pay said claim from Account No. HZ5103.53.04. SEQR ACTION: TYPE II -20 RESOLUTION NO. 88 - APPROVAL OF DESIGNATIONS OF SUCCESSORS MOVED by Mr. Booth, seconded by Ms. Herrera, and unanimously adopted by voice vote, under the Consent Agenda. WHEREAS, Section 31.07 of the County Charter specifies that the County Administrator and specified department heads shall designate in writing, and in order of succession, the deputies (or in the absence of officially designated deputies, the employees of the department) who shall possess the powers and perform the duties of the principal in the event of the latter's absence from the County or inability to perform or exercise the powers of the office, and WHEREAS, the Charter further requires those designations, except department heads elected on a county -wide basis, to be approved by the Tompkins County Legislature, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the following designations of successors are hereby approved, RESOLVED, further, That this list is complete and supercedes all previous designations: Airport Manager County Administrator: County Attorney: Commissioner of Social Services: Director of Emergency Response Public Health Director: Medical Examiner: Mental Health Commissioner: Director of Finance: Commissioner of Personnel: SEQR ACTION: TYPE 11-20 Assistant Airport Manager Airport Terminal Services Coordinator Operations Supervisor Deputy County Administrator Commissioner of Planning Deputy County Attorney Assistant County Attorney Director of Eligibility Director of Services Director of Administrative Services Legal Unit Administrator Administrative Assistant CAD Systems Coordinator Public Health Administrator Director of Patient Services Deputy Medical Examiner, William Klepack, M.D. Deputy Medical Examiner, David Newman, M.D. Deputy Commissioner, Mental Health Medical Director Director of Mental Health Clinic Director of Day Program Budget and Finance Manager Director of Accounting Services Benefits Manager Personnel Associate RESOLUTION NO. 89 - CORRECTION OF TAXES - TOWN OF ULYSSES (34.-3-10.32) MOVED by Mr. Booth, seconded by Ms. Herrera, and unanimously adopted by voice vote, under the Consent Agenda. 174 May 6, 2003 WHEREAS, this Legislature is informed that an error has been made in the 2003 tax roll of the Town of Ulysses, namely parcel 34.-3-10.32, assessed to C. Frank Woodard, was erroneously created and parcel is to be expunged, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the entry on the tax roll of $2,592.55 be expunged, RESOLVED, further, That the Town of Ulysses Tax Collector is directed to correct the 2003 tax roll, RESOLVED, further, That the following amount be charged back: Town of Ulysses - $ 215.39 Tompkins County - $ 510.52 Trumansburg School District - $1,815.64 Solid Waste - $ 51.00 SEQR ACTION: TYPE II -20 Appointment(s) Approved Under the Consent Agenda It was MOVED by Mr. Booth, seconded by Ms. Robertson, and unanimously adopted by voice vote, to approve the following appointment(s) under the Consent Agenda: Ethics Advisory Board Joseph Calvo - term expires December 31, 2003 Report and Presentation of Resolution(s) from the Planning, Development, and Environmental Quality Committee Mr. Lane, Chair, said the Committee met on April 30, 2003, to discuss committee goals. Also, the Convention and Visitor's Bureau (CVB) reported on their first-quarter figures, indicating that although room tax increased 2.6 percent, occupancy was down in February by 3.1 percent. It was believed that the occupancy reduction as well as a fifty -percent reduction of visitors to the CVB was thought to also be a result of the inclement weather with reduced travel. The "February is Hot" activities, which combined accommodations in the area with other events taking place, did not meet the anticipated sales level. Mr. Lane said Rochester's first year of this type of winter sales concept was slow, but subsequent years showed increased sales. RESOLUTION NO. 90 - APPROVING THE ISSUANCE BY THE TOMPKINS COUNTY INDUSTRIAL DEVELOPMENT AGENCY OF UP TO $20,000,000 VARIABLE RATE DEMAND CONTINUING CARE RETIREMENT COMMUNITY REVENUE BONDS (REFINANCING KENDAL AT ITHACA, INC. PROJECT), SERIES 2003, IN ACCORDANCE WITH SECTION 147(F) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED (THE "CODE") MOVED by Mr. Lane, seconded by Mr. Totman. Mr. Proto inquired whether Kendal pays corporate income taxes and whether the refinancing provides for a fee payable to Tompkins County Area Development. He was informed that that was unknown at this time and he will be provided an answer to that question; he was also told that the refinancing does provide for a fee, normally at fifty percent of the initial fees involved. Mr. Winch expressed his feeling that while he is fully supportive of assisting individuals to get started in projects, he feels that the average citizen would not be financially able to utilize the services being offered by Kendal, and he will not support the resolution as a form of protest. Mr. Penniman said the savings to Kendal by refinancing is $218,000 per year. 175 May 6, 2003 A voice vote on the resolution resulted as follows: Ayes - 14, Noes - 1 (Legislator Winch). RESOLUTION ADOPTED. WHEREAS, the Tompkins County Legislature (the "Legislature"), as the elected legislative body of Tompkins County, New York (the "County") has been advised by the Tompkins County Industrial Development Agency (the "Issuer") that, in order to assist in the financing of a certain Project (as defined below) for the benefit of Kendal at Ithaca, Inc. (the "Company") the Issuer proposes to issue, contingent upon the adoption of this Resolution, its Variable Rate Demand Continuing Care Retirement Community Revenue Bonds (Kendal at Ithaca, Inc. Project), Series 2003, in an aggregate principal amount not to exceed $20,000,000 (the "Bonds"), and WHEREAS, the project (the "Project") shall consist of (A) the refmancing of all or any portion of the Issuer's outstanding 1994 Life Care Community Revenue Bonds (Kendal at Ithaca, Inc. Project) issued in the original aggregate principal amount of $23,255,000 (the "1994 Bonds"), which 1994 Bonds were issued for the benefit of the Company to finance a certain project (the "1994 Project") consisting of (i) the acquisition of an approximately 100 -acre parcel of land located in the Village of Cayuga Heights, Tompkins County, New York (the "Land"); (ii) the construction and equipping of a life care community facility consisting of approximately 210 independent living units, a health care center containing approximately 35 skilled nursing beds and 12 adult care units, common areas, including, without limitation, dining rooms, kitchens, activity areas, lobbies and other facilities; (iii) parking facilities; and (iv) other related and appurtenant facilities (collectively, the "Improvements") and certain machinery, equipment, furniture, fixtures and other items of tangible personal property to be installed in and around the Improvements (the "Equipment"; the Land, the Improvements and the Equipment shall be collectively referred to as the "Facility"); (B) paying certain costs and expenses incidental to the issuance of the Bonds; (C) funding a debt service reserve fund to secure the Bonds (the costs associated with items (A) through (C) above being hereinafter collectively referred to as the "Project Costs"); and (D) the lease (with an obligation to purchase) or purchase of the facilities financed with the Bonds by the Company or such other person as may be designated by the Company and agreed upon by the Issuer, and WHEREAS, the Issuer proposes to assist in the financing of the Project by issuing the Bonds to: (i) pay all or a substantial portion of the cost of financing the Project, and (ii) pay reserves and costs incidental to the issuance of the Bonds, and WHEREAS, the Project constitutes a "Type II" action under Article 8 of the Environmental Conservation Law and Regulations adopted thereto by the Department of Environmental Conservation of the State (collectively "SEQR") and therefore no further action is required under SEQR, and WHEREAS, pursuant to Section 147(0 of the Internal Revenue Code of 1986, as amended (the "Code"), interest on the Bonds will be included in gross income for Federal income tax purposes unless the issuance of the Bonds is approved by the Legislature after a public hearing to consider the issuance of the Bonds has been conducted following reasonable public notice, and WHEREAS, on April 8, 2003, the Issuer held such a public hearing upon proper notice in compliance with the Code, and WHEREAS, to aid the Legislature in its deliberations, the Issuer has made available to the members of the Legislature prior to this meeting (a) the Company's application to the Issuer for financial assistance; (b) the notice of public hearing published by the Issuer on March 8, 2003 in The Ithaca Journal, along with the affidavits of publication of such newspaper; and (c) the minutes of such public hearing held on April 8, 2003, and WHEREAS, the Legislature, after due consideration of the foregoing, as the "applicable elected representative" of Tompkins County, New York, within the meaning of Section 147(0(2)(E) of the Code, desires to approve the issuance of the Bonds, provided the principal, premium, if any, and interest on the Bonds shall be special obligations of the Issuer and shall never be a debt of the State of New York (the "State") or any political subdivision thereof, including without limitation the County, and neither the State nor any political subdivision thereof, including without limitation the County, shall be liable thereon, now therefore be it RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee, That the following is approved by the Tompkins County Legislature: 176 May 6, 2003 Section 1. For the purpose of satisfying the approval requirement of Section 147(0 of the Code, the Legislature hereby gives its approval of the issuance by the Issuer of its Bonds and related acts to be taken by the Issuer as part of the Project, provided that the Bonds, and the premium (if any) and interest thereon, shall be special obligations of the Issuer and shall never be a debt of the State or any political subdivision thereof, including without limitation Tompkins County, and neither the State nor any political subdivision thereof, including without limitation Tompkins County, shall be liable thereon. This approval is given pursuant to Section 147(0 of the Code for the sole purpose of qualifying the interest payable on the Bonds for exclusion from gross income for Federal income tax purposes pursuant to the provisions of Sections 103 and 141-150 of the Code. Section 2. This Resolution shall be deemed to be made for the benefit of the holders of the Bonds. Section 3. This Resolution shall take effect immediately. SEQR ACTION: TYPE II -20 Report from the Budget and Capital Committee Mr. Penniman, Chair, said the Committee met two weeks ago and discussed two major areas: (1) fees and revenues collected by various departments, and (2) clarifying which revenues should be placed into the General Fund and which revenues should be placed into a specific program fund. The outcome of the discussion was that it would require the matter to be reviewed on a case-by-case basis and that it was not possible to set a policy with regard to designation of revenues. Mr. Penniman said that the discussion held on the subject came about at the time fees within the Department of Motor Vehicle were reviewed. He reported that information was received by the Department of Social Services with regard to their budget. Three areas of concern arose from the discussion: (1) preliminary information indicates that they anticipate an approximate $400,000 shortfall if all anticipated 2003 revenues as outlined in the County budget remain the same, (2) if the State budget outlined is passed as presented it has an approximate $1 million dollar reduction, bringing a potential shortfall of $1.4 million in social services, and (3) the reduction in Temporary Assistance to Needy Families (TANF) funds that while not directly affecting the County, it is a $500,000 reduction that would pass through Department of Social Services to various agencies such as alcohol services and counseling, domestic violence programs, as well as other contract agencies. The total loss would be approximately $2 million. Mr. Proto inquired whether the reduction in TANF funds would affect the program offered through Tompkins Consolidated Area Transit that provides transportation to and from work evenings and weekends. Mr. Proto requested the Legislature be copied the listing of State budget information. Mr. Whicher will provide the Legislative information noting it is subject to change. Ms. Robertson said Mr. Herden of the Department of Social Services will be reviewing the information and should be providing the Health and Human Services Committee a report of the reduction impact at the May 22, 2003, meeting. Report from the Health and Human Services Committee Ms. Robertson, Chair, said that the Committee meets next on May 7, 2003. The second meeting of the month has been changed to May 22, 2003, at which time the report from Department of Social Services is anticipated. She reported that at this time guest editorials are being submitted to provide information on the various agencies falling within this Committee. The first of these was run on April 23, 2003, and will be a topic of conversation at the May 7th meeting. Report and Presentation of Resolution(s) from the Public Safety Committee Ms. Blanchard, Chair, reported that the Committee met on April 17, 2003, at which time a presentation was given by Judge Marjorie Olds that included information on a grant request that Tompkins County's Center for Treatment Advocacy be funded by Edward Byrne Memorial State and 177 May 6, 2003 Local Law Enforcement Program funds. This is in support of legal fees for the Drug Court which annually and appears that it may have impact on legal fee cost to counties this year. The Drug Court mandates treatment services for people who have been identified with drug and/or alcohol issues. Defendants in the Ithaca Drug Court have all plead guilty to a crime and they are all entitled to assigned counsel. Approximately 95 percent of those defendants are represented by Drug Court lawyers. Ms. Blanchard said a presentation was given by Sheriff Meskill, Chief Neimi, and Sergent Butts of the Corrections Division that provided a better understanding of jail operations and read the Mission Statement. The presentation included information on admissions, classification system, health services, correspondence, visitation, food services, standards for personnel at the jail, dealing with a variety of religious beliefs, legal services available, grievance requirements, staffing requirements, funeral and death bed visits, educational services, and a list of providers of service to the facility. This was done to provide a foundation for upcoming meetings with the Jacobs facilities group on May 15. This will be a three-hour meeting at the Public Safety Building. Ms. Blanchard reminded Committee members of the May 14th meeting to discuss rollover requests. RESOLUTION NO. 91- APPROPRIATION FROM CONTINGENT FUND FOR TERMINAL PAY AT THE SHERIFF'S OFFICE It was MOVED by Ms. Blanchard, seconded by Mr. Totman. A short roll call vote resulted as follow: Ayes - 15, Noes 0. RESOLUTION ADOPTED. WHEREAS, the Sheriff's Office had an employee, John Payne, retire effective March 12, 2003, WHEREAS, the Fiscal Policy of Tompkins County allows for payment of terminal pay from the Contingent Fund, now therefore be it RESOLVED, on recommendation of the Public Safety Committee and the Budget and Capital Committee, That the Director of Finance appropriate a total of $23,089 to the Sheriffs budget for terminal pay, RESOLVED, further, That the money be distributed to the following accounts: and FROM: A1990.54440 $23,089 TO: A3112.51000413 Criminal Investigator $18,180 A3112.58800 Fringe 4,909 SEQR ACTION: TYPE II -20 Report and Presentation of Resolution(s) from the Facilities and Infrastructure Committee Mr. Booth, Chair, reported that the Committee met and discussed bridges at length. Regarding the Red Mill Road Bridge replacement project the Committee voted it should become a local project paid for by local dollars, with the Freese Road bridge replacement project becoming a TIP project eligible for State and Federal funding. Several alternatives had been discussed. The staff and the Committee's preferred alternative (i.e., substitution of the Freese Road bridge for the Red Mill Road Bridge) maximizes the use of Federal funding. Furthermore, the cost for the County was essentially the same for all options presented. This alternative will take the Red Mill Road bridge replacement project out of the difficult 4-F process that must be followed due to the bridge's historical nature, and the Committee believed that there will be less difficulty in using State and Federal funding for the Freese Road bridge instead. Beach Road Bridge was also discussed and is moving to a conclusion that should satisfy the Town, historic preservation advocates, and the County. Once agreed upon, the bridge will be removed by the Town and County; elements of the bridge will be restored by the Town; the County and Town will then build two bridge foundations back away from the stream; I -Beams will be extended across the 178 May 6, 2003 foundations; the restored bridge elements will be mounted on the I -beams; and wooden decking will be added to provide footing for a pedestrian bridge. The cost to the County will be approximately $10,000 in workforce and equipment (which is what had been the anticipated cost for the removal of the existing bridge). The project will be paid for through a combination of Town resources, historic -preservation funding, local donations, and the County in either material or labor. The design will be completed by an outside engineer. It is expected that once the project is completed the County will not have any ownership, maintenance, or long-term liability for maintenance or ownership. RESOLUTION NO. 92 - CHANGE IN POSITION - CAPITAL PROGRAM COORDINATOR - FACILITIES DIVISION MOVED by Mr. Booth, seconded by Ms. McBean, and unanimously adopted by voice vote. WHEREAS, the Capital Program Coordinator position is budgeted in 2003 for 40 hours per week, but certified in Personnel as 35 hours per week, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the Capital Program Coordinator position in the Facilities Division, labor grade (15-764), be changed from 35 hours per week to 40 hours per week, effective April 14, 2003. SEQR ACTION: TYPE II -20 RESOLUTION NO. 93 - SUPPORT OF THE EXPANSION OF THE RETURNABLE CONTAINER ACT OF 1982 TO INCLUDE NON -CARBONATED BEVERAGES AND TO RETAIN THE UNCLAIMED DEPOSITS TO FUND RECYCLING AND ENVIRONMENTAL PROGRAMS MOVED by Mr. Booth, seconded by Mr. Winch. Mr. Proto noted that Alcoa Aluminum, the largest aluminum recycler and manufacturer of aluminum in the world has moved several factories to areas outside of the country due to the high cost of energy in the United States. Mr. Lane spoke of the time he was Mayor of the Village of Dryden and how the initial legislation assisted in maintaining a cleaner environment. Mrs. Schuler inquired whether an increased deposit fee was recommended. Mr. Booth said that it was not, that the topics of discussion have included the kinds of containers and the State's desire to the legal title to unclaimed deposit fees which is tens of millions of dollars. A voice vote on the resolution resulted as follows: Ayes - 15, Noes - 0. RESOLUTION ADOPTED. WHEREAS, the Returnable Container Act of 1982, commonly referred to as the "Bottle Bill," has been one of the most effective State laws to increase recycling rates and reduce curbside litter, and WHEREAS, the convenience beverage market has changed over the last twenty years so that non -carbonated beverages such as bottled water, iced tea, and sports drinks now make up almost one- quarter of the market, and WHEREAS, relevant studies indicate convenience beverage containers without a deposit in New York are two times more likely to end up as litter, and WHEREAS, the New York State Department of Environmental Conservation (NYDEC) estimates that $85-137 million annually is generated from unclaimed deposits under the existing deposit law system, and WHEREAS, the Container Recycling Institute estimates that expected revenue from unclaimed deposits under an expanded bottle bill could reach $177 million annually in New York State, and WHEREAS, the people, municipalities, and the State of New York would directly benefit from an expanded bottle deposit law that includes non -carbonated beverages and provides for the State government's acquisition of unclaimed deposit revenue and dedication of those revenues to activities that will benefit the environment, and 179 May 6, 2003 WHEREAS, the immediate impacts of an expanded bottle bill would reduce litter, encourage higher recycling rates, and provide additional resources to implement recycling and environmental programs, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the Tompkins County Legislature strongly supports expanding the Returnable Container Act of 1982 to include non- carbonated beverages and to provide for the State government's acquisition of unclaimed deposits, RESOLVED, further, That the Tompkins County Legislature urges these funds be dedicated to recycling and environmental programs. SEQR ACTION: TYPE II -20 Report and Presentation of Resolution(s) from the Consumer and Community Affairs Committee Ms. Kiefer, Chair, reported the Committee met on April 16th and devoted approximately one hour to the topic of possible increase in the Motor Vehicle Use Fee. The Committee also received information and discussed the Help America Vote Act, specifically the utilization of electronic voting machines, the requirements, funding, and the like. A demonstration will be provided to Legislators of at least one of the electronic voting machines that may be mandated by the State in the near future. Ms. Kiefer then spoke of the review of the post -occupancy concerns listing provided by the Tompkins County Public Library. The Committee reviewed the list suggesting which items were felt to be County responsibilities and which ones were the Tompkins County Public Library's. The list was sent on to Facilities and Infrastructure for their consideration and review as it was felt to be the more appropriate committee to deal with these concerns. Mr. Proto advised members of the Legislature to review the long distance portion of their telephone bills for the renamed Universal Fund Charge, now known as the Universal Service Recovery Charge. As of April 2003 it is now a percentage rather than a flat rate. He has contacted the Public Service Commission regarding this charge and noted that certain individuals may apply for a waiver of this charge. He hopes to be able to discuss this further at the next Committee meeting. He spoke of the millions of dollars that are not utilized at present as they had been intended due to the process being convoluted. RESOLUTION NO. 94 - AUTHORIZATION OF A PUBLIC HEARING ON PROPOSED LOCAL LAW NO. 2 of 2003 - AMENDING CHAPTER 114, ARTICLE II, OF THE TOMPI INS COUNTY CODE - MOTOR VEHICLE USE FEE (AMENDING LOCAL LAW NO. 3 OF 1995) MOVED by Ms. Kiefer, seconded by Mr. Lane. A voice vote on the resolution resulted as follows: Ayes - 14, Noes - 1 (Legislator Proto). RESOLUTION ADOPTED. WHEREAS, the County Legislature believes it will serve an important public purpose to increase the local Motor Vehicle Use Fee to help maintain County roads and bridges, now therefore be it RESOLVED, on recommendation of the Consumer and Community Affairs and Budget and Capital Committees, That a public hearing be held before the Tompkins County Legislature in the Legislative Chambers of the Tompkins County Courthouse, 320 North Tioga Street, Ithaca, New York on May 20, 2003, at 5:30 o'clock in the evening thereof concerning proposed Local Law No. 2 of 2003 Amending Chapter 114, Article II, of the Tompkins County Code - Motor Vehicle Use Fee (Amending Local Law No. 3 of 1995). 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 Tompkins County Legislature is hereby authorized and directed to place proper notice of such public hearing in the official newspaper of the County. SEQR ACTION: TYPE II -20 180 May 6, 2003 RESOLUTION NO. 95 - APPROPRIATION FROM CONTINGENT FUND - TERMINAL PAY - BOARD OF ELECTIONS MOVED by Ms. Kiefer, seconded by Mrs. Schuler. A short roll call vote resulted as follows: Ayes - 15, Noes - 0. RESOLUTION ADOPTED. WHEREAS, the Board of Elections had two employees retire as indicated, Shary Zifchock, Commissioner, and Carol Boles, Executive Assistant, (effective December 30, 2002), as well as had an employee resign, Tai Musson (effective December 31, 2002), with terminal pay costs totaling $11,242.23, 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 Consumer and Community Affairs and Budget and Capital Committees, That the Director of Finance is hereby authorized and directed to make the following budget appropriation: FROM: A1990.54440 Contingent Fund $11,242.23 TO: A1450.51000201 A1450.58800 A1450.51000744 A1450.58800 A1450.51000691 A1450.58800 SEQR ACTION: TYPE II -20 Commissioner Fringes Executive Assistant Fringes Senior Elections Clerk Fringes Report from the Government Operations Committee $ 975.38 $ 253.60 $ 6,955.33 $ 1,808.39 $ 991.69 $ 257.84 Mr. Koplinka-Loehr, Chair, said the Committee met briefly prior to the Legislative meeting to discuss the appointment appearing on the agenda. He requested Committee members bring their rollover packets to the next meeting of May 8 when roll-over requests will discussed. Mr. Koplinka-Loehr also said the Committee will be reviewing performance review processes and policies as well as the designation of successors of the Legislature in the event the Chair or Vice Chair are unable to serve. Report from the Communications Capital Projects Committee Ms. Blanchard, Chair, said the Committee met on April 23'd and discussed the progress of the Emergency Response Center Building that was a week ahead of schedule at that time. She then spoke of the next step in the process, adjusting the capital projects to provide the funding necessary for the consoles, infrastructure, and supporting tower(s) in order to connect the system. The building itself is funded by money from the tobacco securitization and interest earned from other revenue ($3 million). This figure did not include the equipment, and discussions of how best to amend the capital projects for this needed equipment/construction did not result in a definitive solution. The Committee will meet May 14, 2003, at 1:00 p.m. to attempt to configure the best capital project increase possible with information at that time. Ms. Blanchard would like to provide a brief presentation on May 20th to the full Legislature to provide information on the proposed amendment, with a vote on the resolution taking place on June 3, 2003. The timeline for all projects was reviewed, noting that it is hoped that the State will make a decision on the State Wide Project by early June so that the County will know how to proceed. At the present time there are various grant applications being submitted to assist in upgrading other areas of the communication systems. Plan "B", the contingent plan to utilize if the State Wide Network does not work, is being reviewed to be completely aware of all costs and needs of this proposed alternative project. It is anticipated that the cost for this plan would be $6.7 million dollar upgrade that would rebuild the 181 May 6, 2003 microwave system and strengthen towers. This figure includes work on the paging system that is estimated to be $330,000 of the total cost. Ms. Blanchard said the Department of Transportation relocation project is progressing well. At this time there is an option on the property, the Memorandum of Understanding from the State Department of Transportation is expected on or about June 1st The next step iso the annexation request to the Town from the Village of Dryden. The next meeting will take place May 28 at 2:30 p.m. Report from the Space Needs and Location Committee Mr. Proto, Chair, said the Committee will meet next on May 14, 2003, 2:00 p.m. in the Courthouse Conference Room. Approval of Minutes of April 15. 2003 It was MOVED by Mr. Booth, seconded by Mr. Todd, and unanimously adopted by voice vote, to approve the minutes of April 15, 2003 as submitted. MINUTES APPROVED. Individual Member -Filed Resolution RESOLUTION NO. 96 - URGING REFORM OF THE "ROCKEFELLER DRUG LAWS" MOVED by Ms. Kiefer, seconded by Ms. Herrera. Ms. Kiefer said the drug -law legislation was passed thirty years ago and after discussion with several groups who have been working hard on reform, including the League of Woman Voters, felt it important to bring this resolution forward, particularly to address the areas of lengthy sentences and restoring judicial discretion. Mr. Lane thanked Ms. Kiefer for bringing this resolution forward, noting he feels the Rockefeller Drug Laws have been a waste of both money and humanity. Mr. Winch inquired why the resolution had not gone through a Committee and indicated he felt as though it were a political statement. Ms. Kiefer said she had been approached not long ago and did not think it inappropriate to bring forward as a member -filed item. Mr. Proto said while he had supported a similar resolution in the past, he would not support the resolution as it was not clear to him yet what the term "non-violent" encompasses. Mr. Todd said that he is supportive of this resolution and feels that all too often legislators are too reluctant to reverse legislation; he feels this is a good time to take this law off the books. Ms. McBean said she agreed with Mr. Lane's statements and that too many dollars are spent on jails rather than rehabilitation. Ms. Herrera said she supports the resolution and has seen many times that this law is not appropriate. A voice vote on the resolution resulted as follows: Ayes - 13, Noes - 2 (Legislators Proto and Winch). RESOLUTION ADOPTED. WHEREAS, on May 8, 2003, it will be thirty years since New York State enacted the "Rockefeller Drug Laws", and WHEREAS, these laws impose long, mandatory terms of incarceration that are out of proportion to the penalties for other crimes, and WHEREAS, evidence now shows these laws to be costly, inflexible, overly harsh, and racist in impact, and WHEREAS, mandatory sentencing has caused thirty-eight new prisons to be built, and a twenty- fold increase in drug-related convictions of non-violent prisoners, and WHEREAS, counseling and drug treatment has proven to be more cost effective in reducing crime and recidivism, and WHEREAS, the League of Women Voters of New York State, along with many other groups, supports reforms of these laws to restore judicial discretion and repeal the mandatory second -felony sentences, and 182 May 6, 2003 WHEREAS, the New York State Legislature, in this time of fiscal distress, should also recognize the budgetary savings that would result from appropriate reform of these laws, now therefore be it RESOLVED, That the Tompkins County Legislature joins other groups in urging reform of the "Rockefeller Drug Laws" this year to reduce lengthy sentences and restore judicial discretion. SEQR ACTION: TYPE II -20 Recess The Legislature recessed from 7:13 p.m. to 7:18 p.m. Executive Session It was MOVED by Mr. Penniman, seconded by Ms. McBean, and unanimously adopted by voice vote, to enter into executive session to discuss salary negotiations. An executive session was held at 7:18 p.m. and returned to open session at 7:45 p.m. Adjournment On motion the meeting adjourned at 7:45 p.m. 183 May 20, 2003 Regular Meeting Public Hearing - Local Law No. 2 of 2003 Mr. Joseph called a public hearing to order at 5:30 p.m. concerning Local Law No. 2 of 2003 - A Local Law Amending Chapter 114, Article II, of the Tompkins County Code - Motor Vehicle Use Fee (Amending Local Law No. 3 of 1995). 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. Called to Order Mr. Joseph called the regular meeting to order 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 Legislators. Presentation of Proclamation Mr. Joseph read the following proclamation and declared: May 21, 2003 to be Curb Your Car Day in Tompkins County; presented to David Kay and Lois Chaplin. Mr. Kay and Ms. Chaplin distributed promotional cups and announced events that will be taking place on May 21St Privilege of the Floor by the Public Mary Shelley, City of Ithaca resident, expressed concerns to the Legislature with regard to jet skis and motorboats on Cayuga Lake. Ms. Shelley said she is concerned that there is a lack of consistency among municipalities which she feels will result in a higher number of people not obeying the laws. She said New York State Navigation Law allows counties to establish navigational regulation zones. Ms. Shelley believes establishment of a buffer zone of 500 feet would make a great difference for canoers, kayakers, and swimmers who often feel in danger by the traffic. Ms. Shelley said if people feel uncomfortable regulating jet skis and motorboats, another option would be to retain a five m.p.h. speed limit within 100 feet of shore and from 100 to 500 feet a 20 m.p.h. speed zone. She believes this would reduce noise and increase safety. Privilege of the Floor by Legislators Mr. Proto, District No. 7 Legislator and Chairman of the Water Resources Council, responded to Ms. Shelley's comments under privilege of the floor. As Chairman of the Water Resources Council he has appointed a special committee to deal with recreational use of the Lake and they are taking up the issue of jet skis on the Lake. At a meeting held yesterday the report was presented and discussion was postponed to a later date because all of the Committee had not had a chance to review the material. Mr. Proto said the Town of Ithaca, City of Ithaca, Town of Lansing, and the Town of Ulysses have appointed individuals to meet and discuss how the jet ski issue is going to effect those municipalities. He asked that no decisions be made on this issue until the Water Resources Council presents a recommendation to the Planning, Development, and Environmental Quality Committee. Mr. Proto spoke of the Curb Your Car Day to be held tomorrow and reminded Legislators the bus passes he distributed one month ago are still valid. As the former Chair of the Tompkins Consolidated 184 May 20, 2003 Area Transit Board of Directors, Mr. Proto encouraged everyone to utilize the TCAT system as much as possible because the County receives State Aid credit for all rides and miles that are booked. Mr. Proto invited all legislators to attend activities at Dewitt Park as well as other events that will take place throughout the County in recognition of Memorial Day. Ms. Blanchard, District No. 1 Legislator, reported the Ithaca Tompkins Transportation Council Planning and Policy Committees met today and approved a final version of the 2003-2006 Transportation Improvement Program that she will distribute to all members. The document is also available on the County's website. She also reported that as part of that meeting the Committee learned that Congress appears to have enacted a multi-year transportation bill. Ms. Blanchard said the good news about this legislation is that the appropriation is larger than expected and will mean no state will lose any money. The bad news is that New York State and California will not receive any additional money. She said there is some concern about the allocation formula between transit and highway; however, she expects that will be worked out soon. Ms. McBean, District No. 2 Legislator, announced the Ithaca Festival will be held next weekend and encouraged everyone to attend the weekend celebration. Presentation of Distinguished Youth Award Ms. McBean, District No. 2 Legislator, noted how hard it is to choose among worthy candidates, so instead of one award, this month there are two; she presented Siera Milton, Ithaca High School Senior, and Ana Grady Flores, a Junior at the Alternatives Community School, with the Distinguished Youth Award. Siera, who was nominated by Marcia Fort, has played lacrosse and basketball and was also a cheerleader at Ithaca High School. She has always participated in school and community activities and has been active in fundraising for activities for IHS. She has also received a full four-year scholarship to Cornell University. Ana, who was nominated by ACS Principal, David Lehman, is a local peace activist who has been active in Amnesty International and Oxfam's Fast for a World Harvest, and participated in a number of peace rallies this year, including one in Washington D.C. Like the rest of her family, she has shown a commitment to advocating for national and international human rights and fair treatment for all. Continuation of Privilege of the Floor by Legislators Ms. Robertson, District No. 13 Legislator, stated she hopes the report from the Water Resources Council on jet skis will be available soon. She also commented on Curb Your Car Day and thanked Fernando deAragon for being very active in the effort to move that event forward. Ms. Robertson spoke of a presentation that took place last evening about long-range planning at the Transportation Council and said it was a real testament to how inter -related land use issues and transportation issues are. Mrs. Schuler, District No. 4 Legislator, made the following announcements: Cornerstone Recovery Services changes its name effective yesterday to "Cayuga Addiction Recovery Services" Fingerlakes Independence Center will host an Open House on June 5th from 4 p.m. to 6 p.m. at their new headquarters located at 215 Fifth Street, Ithaca; The Ithaca City Youth Bureau is celebrating its 55th Anniversary on June 1S`; The Starlight Center will host a Mental Health fair on June 5 and 6 at 10 a.m. at the Mental Health Building; TCAT hosted a public hearing yesterday on PERC (Parents who are Employed Ride Cost-free); 185 May 20, 2003 Tompkins Community Action held its annual meeting on May 16. Ithaca Neighborhood Housing Authority and Longview received awards for their work. Mrs. Schuler reported she attended the 13th Annual Tompkins County Employees 25 -Year -Club dinner that was held on May 16th. Employees honored this year were David Chase and Denise Green from the Department of Social Services and Penny McGuire from the Department of Motor Vehicles. She said the total number of hours of service to Tompkins County by all 25 -Year -Club members is 4,450. Mr. Booth, District No. 3 Legislator, spoke of Curb Your Car Day. He stated his family lived in Denmark a few years ago and said they have a remarkable public transportation system. He noted the following things: there are more bicycles used per capita there than anyplace in the world, bicyclists obey all highway rules, and they do not wear helmets. He said studies have shown that all of the health benefits from having a large percentage of the population using bikes is offset by the number of head injuries. Mr. Booth also noted as in most of western Europe, the price of gasoline in Denmark is approximately $5 per gallon. Also, the tax on purchasing a new vehicle in Denmark is equal to the price of the vehicle. Ms. Herrera, District No. 5 Legislator, encouraged everyone to attend the Ithaca Festival to be held this weekend. Mr. Lane, District No. 15 Legislator, thanked Ms. McBean for her work on the Distinguished Youth Award this month and for selecting two fine individuals as recipients. He stated a few weeks ago this Legislature presented the Dryden Serteen Club with this award and they have now received the International Serteen Club of the Year. Representatives of that Club will be traveling to New Mexico for an international convention. Mr. Lane said according to recent reports in the media, Energy East continues its economic ravishment of Tompkins County. He said there have been several attempts to contact Energy East and NYSEG about their plans for their facility and jobs in Tompkins County. He said Mr. Joseph, Chair, wrote a letter to Energy East in an attempt to hold a meeting; however, Energy East was not willing to communicate on the matter. There have also been attempts by Tompkins County Area Development to hold a meeting which have also failed. Mr. Lane said yesterday Energy East announced it will be consolidating its operations and headquarters in Pine City, Maine which will place a lot of jobs in Tompkins County in jeopardy. Mr. Lane assured residents that although they have not been effective, there has been a significant effort by Tompkins County to open negotiations with Energy East. Ms. Kiefer, District No. 10 Legislator, said she does not think the jet ski issue will be resolved in time for this summer season. She said her understanding of the report at the Water Resources Council was that the City of Ithaca did not feel what was being agreed upon dealt strongly enough with noise so she does not know whether the City will be pursuing the same type of ordinance as the other municipalities. Ms. Kiefer said the County has the authority if it chooses, to seek home rule legislation that would allow the County to extend its regulation beyond the 1,500 foot limit. Ms. Kiefer announced the Ithaca Festival Parade will be held on Thursday evening and said for the first time there will be non - gas cars, such as hybrid and electric, in the parade. Presentation - Communications Capital Projects Committee Ms. Blanchard, Chair, Communications Capital Project Committee, announced the project is underway and the Emergency Response Center is approximately one week ahead of schedule. She stated this is the first step towards improving the County's microwave backbone and the County's overall communications system network. Ms. Blanchard said this is the first of many complicated steps the County will be taking. She introduced Mikel Shakarjian, Capital Project Coordinator. 186 May 20, 2003 Ms. Shakarjian reviewed the Capital Program that was adopted last fall for this year and summarized the Scope of Work for 2003. Adopted Capital Program 2003-07 Emergency Response Center (911) — $3.0 Million (Fundedfor 2003) • Planning, design and construction of building • Major telecommunications equipment link • Anticipated necessity of tower- financed through other project Emergency Communication and Simulcast Paging - $3.5 Million (Funding initiated in 2004) • Included new/upgraded backbone and LMR (infrastructure and equipment) • New paging equipment (co -located) • Total cost unknown; estimated at $10.8 - $15.5 million; • No subscriber equipment • Anticipate sharing costs with SWN Proposed Amendment — Phase I Scope of Work Emergency Communication and Simulcast Paging - $2.0 Million (Funding initiated in 2003) Need for Amendment: • Capital program delayed funding of PSCS project until 2004 • Need authority to make budget adjustment • Modify scope of project by relocating funds for consoles • Appropriate level of funding to support this year's objectives Seeking funds to support infrastructure related to the 911 Center and connectivity to the existing backbone: 1.) Motorola Contract - authorized by Resolution No. 337 (December, 2002) • Dispatching Consoles (and related items) • Interim Link to microwave system 2.) Emergency Response Center Tower (monopole, designed for legacy and new equipment) 3.) Upgrade/Replace Existing Microwave site (2 -GHz) Goal: Move forward with required project components while avoiding expenditures that do not support the future project objectives Current Project Status Next Goal: Define Phase II Action Plan for 2004 • Multiple Options for implementation varied by scope and cost o Full system deployment- three alternatives received o Backbone only (private or partnership) o SWN (State Wide Network) Partnership - MOU • Minimize disposable expenditures o Phase I Equipment and infrastructure compatible with Phase II o Phase II compatible with SWN o Seek alternative funding sources- Schumer appropriation 187 May 20, 2003 Timeline/Critical Path • Phase I o New Building operational December 2003 o Tower construction August o Interim link October • Phase II o SWN Preferred Vendor Announcement — Early June o Finalize Costs for Backbone only alternatives o Prepare Capital Request by end of June Ms. Kiefer said she was under the impression at the last Communications Capital Projects Committee meeting that the figures were still being refined and that the actual cost of the project may be less than $2 million. Ms. Shakarjian said she is still awaiting engineering figures before consideration can be given to changing any numbers. Ms. Blanchard said it is unlikely that the $2 million figure will be changed and that all members will receive a complete explanation of all money spent for this project. She said staff has been working diligently to make sure that County funds are being well spent. Mr. Joseph spoke of consoles that were originally included in the Emergency Response Center budget in the amount of $500,000. He said the cost of those consoles was not able to be covered with funds from that project and are now included as part of this request. Mr. Shurtleff said there were significant site development costs that happened through the fall as they moved through the original building estimates to the point at which the bids were received in January. Mr. Joseph said he is not being critical of the project, but is pointing out that the project is costing $500,000 more than projected. Ms. Blanchard said there is no question that the County will be paying the entire cost of the Emergency Response Center building. She said SWN (State Wide Network) could be considering paying for anything that is placed in the larger, overall project. Ms. Shakarjian said when the program was adopted there was an assumption made at that time that the State would be in a position to the help the County. She said the State is not able to help and the County has had to move forward with the building. At this point improvements have to be made in order to keep that building functional. She said these systems are very expensive and the County's topography is causing the price to increase as well. Ms. Shakarjian said there are backup plans in place and they continue to be hopeful that efforts to secure funding streams will be successful. Mr. Joseph clarified that the $3.5 million is the projected local share of a much bigger project, whereas $2 million is the full cost of the small piece which potentially may be reimbursed in part by SWN. Ms. Blanchard asked Legislators to contact her or staff if any questions arise prior to the June 3 Legislature meeting. Report and Appointments from the Chair Mr. Joseph reported there are seats that are vacant on the Tompkins Cortland Community College Board of Directors that are appointed by Tompkins County. He appointed the following Search and Selection Committee to fill those seats: Tompkins Cortland Community College Board of Trustees Search and Selection Committee Michael Lane, Chair Frank Proto Kathy Luz Herrera 188 May 20, 2003 Richard Booth Mr. Joseph spoke of the preliminary State budget analysis that was distributed today from NYSAC (New York State Association of Counties). He said County staff is currently analyzing how the New York State budget will impact Tompkins County specifically. Mr. Joseph stated the budget passed by the State Legislature is a significant improvement over what the Governor had proposed in terms of impact on counties and property tax rates. Many of the statements made by State legislators during adoption of the budget demonstrated to him that they have been hearing the message from counties and local taxing jurisdictions that the State budget being proposed would result in significant property tax increases. Mr. Joseph said although he is grateful the message from counties was heard by the Legislature, the legislative budget continues to pass State expenses down to counties. The State Budget will carry with it a property tax increase; however, it is not clear at this time what level of property tax increase, but he will release information once it becomes available. Report from the County Administrator Mrs. Smithers, Deputy County Administrator, reported she is pulling together information on the impact of the New York State Budget on Tompkins County and will report to the this Legislature when that information is available. Report from the County Attorney Mr. Wood reported the revised Charter is now complete and available on the Internet via the County's website. Mr. Wood spoke of bankruptcy matters that have arisen lately. He said when he began employment with the County all bankruptcy work was done by a private attorney and not handled by the County Attorney's Office. Approximately six years ago the County Attorney assumed bankruptcy matters which are typically very small. Mr. Wood said during the last two years there have been two very large bankruptcy issues. The U.S. Airways bankruptcy case has fortunately been resolved; they have assumed the Tompkins County lease and the money received was close to the amount the County had predicted it would receive. Mr. Wood said the County's claim in the Lakeside matter is close to $800,000 and unless the structure is changed so that it is operated in a manner where they pay taxes that amount will continue to increase. Report from the Finance Director Mr. Squires reported the County's public auction of foreclosed properties was held last weekend and his office has been busy dealing with the disposal of those non-performing assets. He said there were some last-minute redemptions of properties. Mr. Squires noted there was an unusually small number of properties that were auctioned this year. He said there were gross bids of $27,000 and the County realized a gain of $19,000 from the properties sold. He noted the budgeted amount from this revenue is $100,000. Report from the County Staff Wendy Skinner, Public Information Coordinator, reported the 2003 reader -friendly Tompkins County Budget has been completed and is available on the County's website. Ms. Skinner also reported independent budget analysts from the Fiscal Policy Institute and SENSES (Statewide Emergency Network for Social and Economic Security are coming to Tompkins County on May 28th at 5 p.m. at the Tompkins County Public Library to discuss the State budget process and how it has evolved. 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: 189 May 20, 2003 Approval to Purchase Swipe Card System and Budget Adjustment - Tompkins County Workforce Development Authorization to Execute Quitclaim Deed - Properties Redeemed Before County Auction Authorization to Execute Quitclaim Deeds - Sale of Foreclosure Properties at Public Auction Withdrawal of Resolution(s) from the Agenda Chair Joseph granted the appropriate Committee chair permission to withdraw from the agenda the resolution entitled Amendment to Fiscal Policy 05-02, Section 5.06 Reappropriation (Carryover) of Unspent Funds from Previous Years. Approval of Resolution(s) and Appointment(s) Under the Consent Agenda It was MOVED by Ms. Blanchard, seconded by Ms. Kiefer, and unanimously adopted by voice vote, to approve the following resolution(s) under the Consent Agenda: RESOLUTION NO. 97- AUTHORIZATION TO ACCEPT AN AWARD OF A GRANT FROM THE NEW YORK STATE DIVISION OF CRIIVIINAL JUSTICE SERVICES MOVED by Ms. Blanchard, seconded by Ms. Kiefer, and unanimously adopted by voice vote under the Consent Agenda. 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 Advocacy Center of Tompkins County, 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, and WHEREAS, the budget for the revenue and appropriations for the grant has already been set up for 2003 in FU 3998, 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. SEQR ACTION: TYPE II -20 RESOLUTION NO. 98 - ACCEPTANCE OF A SCENIC BYWAYS GRANT FROM THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION TO IMPLEMENT THE CAYUGA LAKE SCENIC BYWAY CORRIDOR MANAGEMENT PLAN MOVED by Ms. Blanchard, seconded by Ms. Kiefer, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, the New York State Department of Transportation (NYSDOT) has awarded grant funds to implement the Cayuga Lake Scenic Byway Corridor Management Plan, and WHEREAS, the grant funds will be used to implement the first phase of the comprehensive Marketing and Promotional Plan for the Cayuga Lake Scenic Byway, and may include a detailed market strategy, brochure design and publication, site determination for facilities and signs, and prototypical design/build plans for kiosks and interpretive facilities, and WHEREAS, the grant requires a local sponsor for the grant, and WHEREAS, Cayuga Lake Scenic Byway, Inc., a not-for-profit corporation of New York State, has requested Tompkins County to act as local sponsor of the grant, and 190 May 20, 2003 WHEREAS, the Department of Planning is prepared to work with Cayuga Lake Scenic Byway, Inc., to manage this program, and WHEREAS, Cayuga Lake Scenic Byway, Inc., is prepared to provide the required match for the grant, now therefore be it RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee, That the County hereby agrees to act as local sponsor for the grant, RESOLVED, further, That the County hereby accepts the NYSDOT Scenic Byway grant in the amount of $23,000, RESOLVED, further, That the County Administrator or his designee be authorized to execute a contract with Cayuga Lake Scenic Byway, Inc., for the purposes of managing the grant project, RESOLVED, further, That the County Administrator or his designee be authorized to execute any other contracts related to this project, RESOLVED, further, That the Finance Director be directed to make the following budget adjustments on his books: REVENUE: 8027.43959 State Aid Planning $23,000 APPROPRIATION: 8027.54400 Program Expense $23,000 SEQR ACTION: TYPE II - 18 Appointment(s) Approval of appointments were withdrawn from the Consent agenda and acted on following the appropriate reports of standing committees. Report from the Budget and Capital Committee Mr. Penniman, Chair, reported the Committee met on May 13 and heard a report from Tompkins Cortland Community College on the expansion project that includes an athletic facility. He said it was interesting to learn the project has evolved into a new building that will connect to the existing building, which will save electric and maintenance costs. The Committee also received a report from David Squires on April sales -tax receipts, which were approximately $.5 million less than April, 2002. This trend of reduced collections is an area that will be monitored closely. Kathy Smithers, Deputy County Administrator, provided the Committee with preliminary budget projections for 2004. There is a significant shortfall due to increases in the fringe area of the budget. Mr. Penniman said the Committee is looking at an increase in the fringe rate from 27 to 39 percent in 2004. He said decisions for 2004 will need to be made soon and the Committee will consider the establishment of fiscal targets for the 2004 budget and rollover requests at the next meeting. Mr. Penniman said although there is now a State budget in place, the analysis of the impacts of that budget has not been completed; he hopes this will be finished in the next week. The Committee will also be discussing the possibility of a mid -year budget cut to address a shortfall that exceeds $1 million in the fringe account. The next Committee meeting will be May 27t. Mr. Proto suggested that the Budget and Capital Committee reexamine the work of the former Health Benefits Committee and also keep unions apprised of those discussions. Report and Presentation of Appointment(s) from the Health and Human Services Committee Ms. Robertson, Chair, reported the Committee met on May 7 and will meet again on May 22 at 9 a.m. Mr. Whicher reported on what he knew about the state budget as of that moment and on the situation at Lakeside Nursing Home. The Committee heard from Holly Stevenson of the Department of Social Services, about the Dental Case Management Program, which began this year. Ms. Stevenson has produced brochures explaining the program, one for dental offices and the other for potential clients, and she has enlisted 13 dentists so far. She feels she's now ready to enroll clients; the goal of the program is 191 May 20, 2003 to serve 600 people by the end of 2004. The Committee requested another update in approximately 6 months. Becky Bush of the Department of Social Services reported on Medicaid Managed Care, which was initiated in 2002. The Department is enrolling approximately 40 people per month; this is more than was expected. They are preparing a client survey that seems to be well received so far. There are a number of carve outs that are not included within the managed-care system: dental, prescriptions, outpatient drug and alcohol services, and non -emergency medical transportation. For these services, the County has to pay on a fee-for-service basis. The Department of Social Services DSS had thought that Medicaid Managed Care would save the County some money, but with the carve outs this is not turning out to be the case. Alice Cole, Public Health Director, distributed copies of an emergency preparedness guide they have produced to assist citizens in preparing for an emergency, paid for with bio -terrorism grant money. Copies are available by calling the Health Department. The bioterrorism grant also pays a contract with the Red Cross to do outreach on emergency preparedness. The Committee also discussed the work being required of the Health Department. related to bioterrorism, and how it is supplanting their other work. The equivalent of one FTE is being spent on this work, which does not include Ms. Cole's time. It was the consensus of the Committee to allow Ms. Cole to determine departmental priorities based on her judgment of the community's needs, with guidance from the County Legislature. Katrina Schickel, Office for the Aging, reported on Project Care, a program that recruits and manages volunteers in helping seniors in their homes. Last year 103 volunteers served 160 seniors, almost twice as many seniors as the prior year. In 2002, volunteers donated 4,651 hours. Types of assistance include friendly visiting, errands and transportation, grocery shopping, light housekeeping, light yard work, and respite for caregivers. Ms. Robertson reported the Committee discussed rollover requests and sources of rollover. There was a request from the Youth Services Department to use rollover this year, which is included in the resolution on the agenda. The next meeting will be May 22 at 9 a.m. Topics for that meeting include a Department of Social Services fmancial report, Recreation Partnership and other youth programs and facilities, and the Neighbor Notification Law. Approval of Appointment(s) It was MOVED by Ms. Robertson, seconded by Mrs. Schuler, to approve the appointments below. A concern was raised by Mr. Winch that an applicant did not disclose residency information. Mr. Winch felt strongly that resumes for individuals representing the community should be entirely completed and include home addresses. A voice vote on approving the following appointments resulted as follows: Ayes - 11, Noes - 4 (Legislators Proto, Todd, Totman, and Winch). APPOINTMENTS CARRIED. Office for the Aging Advisory Committee Wanda H. Beardslee; term expires December 31, 2003 Community Mental Health Services Advisory Board - Substance Abuse Subcommittee Amy Chaffee - Community Member representative; term expires December 31, 2006 Report and Presentation of Resolution(s) and Appointment(s) from the Public Safety Committee 192 May 20, 2003 Ms. Blanchard, Chair, reported the Committee met on May 14 to review rollover requests and on May 15 at the Public Safety Building. The meeting on May 15 was the first with the consultants, Jacobs Facilities, Inc. At that meeting the Committee reviewed the Scope of Work and toured the Corrections side of the building. Ms. Blanchard said the Committee spent a great deal of time discussing goals and produced a list that includes the following: Seeking the most cost effective solution to the building from not only the standpoint of construction, but also operation over the long-term; Incremental improvements with possible expansion alternatives; Demonstrated operational efficiencies that will result in cost containment; Include green design; Ease of maintenance; Clarity orientation within the building; Move towards a supervision model that is operationally efficient; Maintain humane conditions; Determine the number of beds and security level that is appropriate; and Meet or exceed the minimum standards of the Commission of Corrections. The Committee also spent time discussing "rocks in the road" and some of the likely problems that will need to be addressed as part of this project. An extensive set of minutes was prepared and will be available to all members. The next meeting will be June 5 at 2 p.m. RESOLUTION NO. 99 - APPROPRIATION FROM CONTINGENT FUND FOR TERMINAL PAY AT THE SHERIFF'S OFFICE MOVED by Ms. Blanchard, seconded by Ms. Herrera. A short roll call vote resulted as follows: Ayes - 15, Noes - 0. RESOLUTION ADOPTED. WHEREAS, the Fiscal Policy of Tompkins County allows County departments to request reimbursement from the Contingent Fund for terminal pay, and WHEREAS, the Sheriffs Office had the following employees leave employment: Lynette Kessler, Civil Action Permit Clerk - effective April 11, 2003 Mildred Martinez, Corrections Officer - effective April 14, 2003 , now therefore be it RESOLVED, on recommendation of the Public Safety Committee and the Budget and Capital Committee, That the Director of Finance appropriate a total of $1,340 to the Sheriff's budget for terminal pay, RESOLVED, further, That the money be distributed to the following accounts: FROM: A1990.54440 Contingent Fund $1,340.00 TO: A3110.51000424 Civil Action Permit Clerk - Salary $ 531.00 A3110.58800 Civil Action Permit Clerk - Fringe $ 143.00 A3150.51000406 Corrections Officer - Salary $ 525.00 A3150.58800 Corrections Officer - Fringe $ 141.00 SEQR ACTION: TYPE II -20 RESOLUTION NO. 100 - OPPOSITION TO ENACTMENT OF SENATE BILL 4090 (A 5187) TO EXTEND BINDING ARBITRATION DURING PERIODS OF COLLECTIVE BARGAINING IMPASSE TO ANY ORGANIZED UNIT OF DEPUTY SHERIFFS MOVED by Ms. Blanchard, seconded by Ms. McBean. Mr. Proto said although there are times when binding arbitration is not as effective as going to court, he supports this resolution and the following 193 May 20, 2003 resolution. He said these resolutions clearly state the process and encouraged other members to vote in favor of them also. Ms. Herrera said she is not sure whether the language contained in this resolution is accurate. She said there have been no significant increases or decreases in settlements due to the use of arbitration. She said when collective bargaining has reached an impasse, she favors binding arbitration in this situation. She said when groups reach an impasse it is not cost effective. There is a lot of emotion involved, work losses in terms of efficiency, executive meetings where staff time is lost, and in many times when there is binding arbitration the groups will reach a decision. Ms. Herrera believes this will encourage discussion of the issues, and save money in many ways that is difficult to measure. Mr. Joseph said it is important to recognize this is about collective bargaining. Normally in collective bargaining if the union doesn't like what they are getting they can stop work. This is a situation where the union does not have any right to stop work which leads to the question of whether the bargaining has any value at all. One of the solutions that is used sometimes is the case is presented to an arbitrator. Mr. Joseph said he does not know enough about this issue to advise the State what to do; therefore, he will vote in opposition to the resolution. A voice vote resulted as follows: Ayes - 11, Noes - 4 (Legislators Herrera, Joseph, Penniman, and Todd). RESOLUTION ADOPTED. WHEREAS, binding arbitration strips local elected officials, who are accountable to the taxpayer, of their lawful responsibility to determine and manage the cost of operating county government, and WHEREAS, by placing final decision-making authority in the hands of an individual not answerable to the voters, the bill has the effect of disenfranchising the taxpayer from the decisions that affect the operation of county government, and WHEREAS, Tompkins County firmly believes that the terms and conditions of employment should be resolved at the bargaining table, not through the intervention of individuals unfamiliar with local conditions and not accountable to the voting public, and WHEREAS, this legislation unduly interferes with the collective bargaining process and mandates that a third party arbitrator have final, binding authority over decisions that affect the finances and budgetary commitments of local government regardless of its ability to pay, and WHEREAS, current budgetary difficulties confronting counties, brought about in part by the burgeoning costs of state mandates, will be further exacerbated if this bill is enacted into law, and WHEREAS, over the past ten years, Tompkins County has cautioned that expansion of binding arbitration has had a serious and detrimental financial effect on all county governments, and WHEREAS, language within this bill addresses the concerns previously expressed by New York State Association of Counties or the Governor that would warrant support in its current form, and WHEREAS, absence of a common sense provision within this bill that an arbitrator first consider a county's ability to pay an award without raising taxes, prior to issuance of an award finding, alone is reason to oppose this new unfunded mandate on all county governments, now therefore be it RESOLVED, on recommendation of the Public Safety Committee, That the Tompkins County Legislature opposes the enactment of Senate Bill 4090 (A5187) into law. SEQR ACTION: TYPE II -20 RESOLUTION NO. 101- OPPOSITION TO ENACTMENT OF SENATE BILL 4088 (A 7192) TO EXTEND BINDING ARBITRATION DURING PERIODS OF COLLECTIVE BARGAINING IMPASSE TO COUNTY CORRECTION OFFICERS AND CERTAIN DEPUTY SHERIFFS ENGAGED IN CORRECTION OFFICER DUTIES MOVED by Ms. Blanchard, seconded by Mr. Proto. Mr. Booth said most public employees do not have a right to binding arbitration, but New York City Police do, and awards there have been very high. He believes this is being proposed by groups such as NYSAC (New York State Association of 194 May 20, 2003 Counties) because this mechanism has been used by city police agencies and has imposed very high costs on city governments. Ms. Herrera disagreed, and stated research has shown that high costs are not the result of binding arbitration. A voice vote resulted as follows: Ayes - 11, Noes - 4 (Legislators Herrera, Joseph, Penniman and Todd). RESOLUTION ADOPTED. WHEREAS, binding arbitration strips local elected officials, who are accountable to the taxpayer, of their lawful responsibility to determine and manage the cost of operating county government, and WHEREAS, by placing final decision-making authority in the hands of an individual not answerable to the voters, the bill has the effect of disenfranchising the taxpayer from the decisions that affect the operation of county government, and WHEREAS, Tompkins County firmly believes that the terms and conditions of employment should be resolved at the bargaining table, not through the intervention of individuals unfamiliar with local conditions and not accountable to the voting public, and WHEREAS, the bill provides an arbitrator vast authority to impose contractual terms on county governments of both an economic and non -economic nature, and WHEREAS, this legislation unduly interferes with the collective bargaining process and mandates that a third party arbitrator have final, binding authority over decisions that affect the finances and budgetary commitments of local government regardless of its ability to pay, and WHEREAS, over the past ten years, New York State Association of Counties has cautioned that expansion of binding arbitration has had a serious and detrimental financial effect on all county governments, and WHEREAS, current budgetary difficulties confronting all counties and local governments, brought about in part because of the burgeoning cost of state mandates, will be further exacerbated if this bill is enacted, and WHEREAS, absence of a common sense provision within this bill that an arbitrator first considers a county's ability to pay an award without raising taxes, prior to issuance of an award finding, alone is reason to oppose this new unfunded mandate on all county governments, now therefore be it RESOLVED, on recommendation of the Public Safety Committee, That the Tompkins County Legislature opposes the enactment of Senate Bill 4088 (A7192) into law. SEQR ACTION: TYPE II -20 RESOLUTION NO. 102 - OPPOSITION TO ENACTMENT OF SENATE BILL 3904 (A 4635) TO AMEND SECTION 207-C OF THE GENERAL MUNICIPAL LAW IN RELATION TO CERTAIN PAYMENTS TO POLICE OFFICERS AND OTHERS WHO ARE INJURED OR TAKEN ILL IN THE PERFORMANCE OF THEIR DUTIES MOVED by Ms. Blanchard, seconded by Mrs. Schuler. A voice vote resulted as follows: Ayes - 13, Noes - 2 (Legislators Todd and Totman). RESOLUTION ADOPTED. WHEREAS, Section 207-c of the general municipal law requires all counties and municipalities outside the City of New York to provide for the full payment of salary, benefits, and all hospitalization costs for police officers, sheriffs, sheriff deputies, corrections officers, and other law enforcement personnel who are injured or become ill as a result of the performance of hazardous duties associated with the law enforcement work, and WHEREAS, these payments are non-taxable, and can potentially continue for years or even decades until there is recovery, a disability retirement determination, or the attainment of retirement age, and WHEREAS, this bill will significantly broaden the entitlement for benefits under section 207-c by redefining covered injuries to include all injuries suffered by law enforcement personnel, "regardless of whether or not the injury or sickness resulted from the heightened risks and duties of employment... ", and 195 May 20, 2003 WHEREAS, the language contained in this bill will treat all common work place injuries suffered by law enforcement personnel as eligible for municipal compensation benefits, greatly increasing the scope of covered injuries and the costs to all local governments, and WHEREAS, this bill will serve to overturn a unanimous New York State Court of Appeals ruling in the case, Balcerak v County of Nassau, 94 NY2d 253 [1999], which upheld Nassau County's denial of benefits under general municipal law section 207-c because the injury was not sustained as a result of the performance of the individuals special work duties, and WHEREAS, the Court of Appeals, in its decision, found that municipal compensation benefits under section 207-c were "meant to fulfill a narrow purpose: to compensate specified municipal employees for injuries in the performance of special work related to the nature of heightened risks and duties involved in the criminal justice process," and WHEREAS, the language of this bill will not restore compensation benefits to what they were, but will expand coverage to those injuries that the Court of Appeals specifically held were not automatically entitled to benefits under this section, and WHEREAS, the bill is, in fact, yet another unfunded mandate on every county and local government outside the City of New York, and WHEREAS, Tompkins County believes that treating all common work place injuries suffered by law enforcement personnel as eligible for section 207-c benefits, rather than just those that occur as a result of the performance of hazardous duties as is the case under existing law, will necessitate major increases in law enforcement budgets due to the increased local government liability for municipal compensation this bill will impose, and WHEREAS, the increased local appropriations for law enforcement that will be necessary to pay for the additional liability costs this bill will mandate on all local governments will not place one additional officer on the street, will not make one corrections officer safer in the performance of their duties, nor will it provide for increased public security for the local taxpayers who will be required to foot the bill for this massive benefit enhancement, and WHEREAS, in a time when local governments across New York State are experiencing budgetary shortfalls and many are facing possible layoffs of municipal employees to cut expenses, it is not sound public policy to mandate significant new costs on them, which will only serve to make the problem worse, and WHEREAS, local governments and the taxpayers they serve simply cannot afford the massive benefit enhancement this bill will impose, now therefore be it RESOLVED, on recommendation of the Public Safety Committee, That the Tompkins County Legislature opposes the enactment of Senate Bill 3904 (A4635) into law. SEQR ACTION: TYPE II -20 Approval of Appointment(s) It was MOVED by Ms. Blanchard, seconded by Ms. McBean, and unanimously adopted by voice vote, to approve the following appointments: Criminal Justice Advisory/Alternatives to Incarceration Board Olan E. Mack - OAR representative; term expires December 31, 2003 Family Court Advisory Council Chris Ion - Probation representative; term expires December 31, 2005 Timothy Warner - At -large representative; term expires December 31, 2003 Peggy Sue Thorpe - At -large representative; term expires December 31, 2003 Report and Presentation of Resolution(s) from the Facilities and Infrastructure Committee Mr. Booth, Chair, reported the Committee heard a report from Robert Nicholas, Airport Manager, on the Airport's revenues and expenditures. The presentation included comparisons to the airports in 196 May 20, 2003 Binghamton and Elmira in addition to a list of the types of items that will be discussed in negotiations with the airline with the hope of entering a new contract at the end of this year. The Committee also approved the issuance of bids for the purchase of a new fire truck at the Airport. Mr. Marx, Planning Commissioner, made a presentation regarding the City's Cayuga Green project; the City has requested that the County participate in some of the costs of landscaping and other improvements to the property that is near County Public Library and Mental Health buildings. Following discussion, the Committee did not feel obligated to participate financially in those efforts. He said if desirable, the County may consider granting easements so the City could undertake those improvements. The Committee continued discussion in regard to a series of improvements at the Library and whether those improvements should be County or Library expenditures. That item will come before the Committee at the next meeting in the form of a resolution. At the request of Mr. Todd, information on enplanements at the Ithaca Tompkins Regional Airport will be distributed to all members. RESOLUTION NO. 103 - AWARD OF BID — CONTRACT CUSTOMER SERVICE PERSONNEL - ITHACA TOMPKINS REGIONAL AIRPORT MOVED by Mr. Booth, seconded by Ms. Blanchard. Ms. Kiefer asked why the midnight shift did not have health benefits. Mr. Booth said this is the result of the contract that was negotiated downward by Fairweather Enterprises, Inc. He said the County will realize a savings of approximately $5,000. Ms. Kiefer could not support discriminating that way. Mr. Booth said the current contract does not provide for any health benefits and feels this is a substantial improvement over that contract. A voice vote resulted as follows: Ayes - 12, Noes - 3 (Legislators Kiefer, McBean, and Schuler). RESOLUTION ADOPTED. WHEREAS, the Finance Department has duly advertised for bids for Contract Customer Service Personnel at the Ithaca Tompkins Regional Airport, and WHEREAS, said Contract Customer Service Personnel will replace the daytime security guard coverage and continue with security guards on the midnight shift, thus providing passengers with a higher level of customer service and assistance when using the terminal, and WHEREAS, one (1) bid was received from Fairweather Enterprises Inc., of Ithaca, New York, and said bid has been deemed to meet the specifications of the Request for Proposals, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the bid be awarded to Fairweather Enterprises, Inc., with a bid as follows: First Year Second Year Third Year Daytime Shifts $ 14.50 per hour $ 15.25 per hour $ 15.75 per hour Midnight Shifts $12.82 per hour $13.57 per hour $14.07 per hour RESOLVED, further, That the County Administrator be and hereby is authorized to execute a contract with Fairweather Enterprises, Inc., effective June 19, 2003, with funds available in Account 5610.54425. SEQR ACTION: TYPE II -25 RESOLUTION NO. 104 - APPROPRIATION FROM CONTINGENT FUND FOR TERMINAL PAY - HIGHWAY DIVISION MOVED by Mr. Booth, seconded by Ms. Kiefer, and unanimously adopted by voice vote. 197 May 20, 2003 WHEREAS, the Highway Division had one employee, Bernard Senecal, Motor Equipment Operator, retire effective March 31, 2003, and one employee, Ruslan Osipov, Civil Engineer, terminate employment on February 14, 2003, 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 Facilities and Infrastructure and Budget and Capital Committees, That the Director of Finance is hereby authorized and directed to make the following budget appropriations: FROM: A1990.54440 Contingent Fund $4,241.79 TO: 5110.51000809 Salary - Motor Equipment Operator $3,401.24 5110.51000842 Salary - Civil Engineer $ 840.55 SEQR ACTION: TYPE II -20 RESOLUTION NO. 105 - AUTHORIZING THE COUNTY ADMINISTRATOR TO ENTER INTO AN AGREEMENT WITH THE TOWN OF NEWFIELD REGARDING BEACH ROAD PEDESTRIAN BRIDGE MOVED by Mr. Booth, seconded by Mr. Winch. Ms. Kiefer said the she is troubled by the wording in the final two Resolveds. She said she expects the Town of Newfield will follow through with this as will the County; however, this resolution addresses what would happen in case the Town of Newfield exercises its right to terminate the agreement. It says if that were to happen the County Highway Manager is authorized and directed to remove the bridge. It was MOVED by Ms. Kiefer, seconded by Mr. Koplinka-Loehr, to amend the second Resolved wording to read: "The County Highway Manager is authorized to remove the bridge if and when necessary solely to avoid injury to the public and to protect the County from potential liability." Ms. Kiefer said this would give historically -motivated people more time to raise money through grants without having the bridge taken down. She said the process of taking down the bridge may destroy the historic elements that everyone wants to preserve. Mr. Booth spoke against the amendment and said he feels the resolution should be adopted as presented. He said the Town has signed an agreement and if they were to back out of it the bridge should be taken out immediately without creating another decision-making process that could go on for a long time. Ms. Blanchard said she feels it is extremely important that there be no lack of clarity as to the County's intentions with this bridge and urged members not to support the amendment. Ms. Robertson spoke in support of the original resolution and said she feels the County should support Pete Messmer, Highway Manager, on this. She said anyone wishing to donate to the bridge can obtain information on the Internet. A voice vote on the amendment resulted as follows: Ayes - 3 (Legislators Kiefer, Koplinka- Loehr, and Herrera); Noes - 12. MOTION FAILED. A voice vote on the original resolution resulted as follows: Ayes - 13, Noes- 2 (Koplinka-Loehr and Kiefer). RESOLUTION ADOPTED. WHEREAS, Tompkins County maintains certain vehicular bridges in the County on municipal roads, and WHEREAS, the County does not maintain pedestrian bridges, and 198 May 20, 2003 WHEREAS, the pedestrian bridge adjacent to Beach Road in the Town of Newfield was formerly a vehicular bridge maintained by the County, and WHEREAS, in a June 15, 1998, letter sent to all Town Supervisors and Village Mayors, and all Highway Superintendents in the County, the County Commissioner of Public Works listed all vehicular bridges for which it has responsibility, which list did not contain the Beach Road bridge, thereby reflecting the Beach Road Bridge's changed status, and WHEREAS, nevertheless, the Town of Newfield contends that the County still has some responsibility with respect to the bridge, and WHEREAS, the Town has indicated by resolution that it wishes to have the bridge rebuilt while retaining its historical character, and WHEREAS, for the sole purposes of helping the Town of Newfield and to eliminate any potential claims regarding County ownership or liability, the County is willing to aid the Town and Historic Ithaca in the restoration of the bridge, and WHEREAS, the County is willing to contribute labor and equipment with a value of approximately $10,000 toward the restoration of said bridge, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the County Administrator is hereby authorized to enter into an agreement with the Town of Newfield which substantially conforms to the agreement dated May 14, 2003, RESOLVED, further, That if the Town exercises its right to terminate the agreement with the County, then the County Highway Manager is hereby authorized and directed to remove the bridge, RESOLVED, further, That this authorization is designed solely to avoid any injury to the public and to protect the County from potential liability, and it is not an acknowledgement of any ownership, responsibility, or liability with respect to said bridge. SEQR ACTION: TYPE II Mr. Todd was excused at 8:05 p.m. Report and Presentation of Resolution(s) from the Consumer and Community Affairs Committee Ms. Kiefer, Chair, reported the Committee will meet tomorrow. At that meeting the Committee will discuss the County Historian position and will hear a report from the Elections Commissioners on the new voting machines and how the County may be directed to implement the Help America Vote Act. The Committee will also discuss utilities. RESOLUTION NO. 106 - ADOPTION OF LOCAL LAW NO. 2 OF 2003 — A LOCAL LAW AMENDING CHAPTER 114, ARTICLE H, OF THE TOMPKINS COUNTY CODE - MOTOR VEHICLE USE FEE (AMENDING LOCAL LAW NO. 3 OF 1995) MOVED by Ms. Kiefer, seconded by Mr. Lane. Mr. Proto urged members not to support the adoption of this Local Law. He feels this action is premature because the 2004 budget process has not yet begun. He spoke of an article in the Ithaca Journal last week when the Governor's budget was overridden by a number of vetoes, $137 million was restored for highway and bridge maintenance. He said until the County understands the local impact of that, he does not think this action should be taken. Mr. Proto said he represents a number of motor operators in his district who will be negatively impacted by this. It was MOVED by Mr. Proto, seconded by Mr. Winch, to postpone action on this resolution until the Legislature meeting on August 19t. Mr. Lane disagreed with Mr. Proto's comments and said he does not believe this action is premature because the Committee has reviewed it in depth. He said this will bring the fee into line with most of the other New York State counties surrounding Tompkins County. 199 May 20, 2003 Ms. Herrera said she was reluctant to support this when it was originally presented and she listened to complaints from two of her constituents. However, after being part of the budget discussions last year and looking ahead, it is clear to her that something needs to be done about the budget and she will reluctantly support this resolution. Ms. Kiefer spoke in opposition to the motion to postpone. She said in addition to the comments by Legislator Lane, the Committee heard from Mr. Penniman about the problems in the 2003 budget. She said it is a known fact that highway maintenance is falling behind and those problems will not be solved by CHIPS funding being restored to the previous level. Ms. Kiefer said if this is passed expeditiously, within a couple of months the County will being receiving funds and it will aid in the 2003 budget as well as future years. A voice vote on the motion to postpone resulted as follows: Ayes - 1 (Legislator Proto), Noes - 13, Excused -1 (Legislator Todd). MOTION FAILED. Mr. Proto asked for assurance that the additional revenue from this Fee will be used to supplement highway and road maintenance and will not replace funds already allocated for that purpose. Ms. Kiefer said the manner in which funds are allocated are up to this Legislature. She assured Mr. Proto that the money received from the State will go into the correct account. A voice vote on the resolution resulted as follows: Ayes - 13, Noes - 1 (Legislator Proto), Excused -1 (Legislator Todd). RESOLUTION ADOPTED. WHEREAS, the County Legislature believes it will serve an important public purpose to increase the local Motor Vehicle Use Fee to help maintain County roads and bridges, and WHEREAS, a public hearing was held before the Tompkins County Legislature on May 20, 2003 to hear all persons interested in proposed Local Law No. 2 of 2003, now therefore be it RESOLVED, on recommendation of the Consumer and Community Affairs and Budget and Capital Committees, That said proposed Local Law No. 2 of 2003, A Local Law Amending Chapter 114, Article II, of the Tompkins County Code - Motor Vehicle Use Fee (Amending Local Law No. 3 of 1995), be adopted, RESOLVED, further, That the Clerk of the Legislature 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 the office of the Secretary of State. SEQR ACTION: TYPE II -20 Report and Presentation of Resolution(s) from the Government Operations Committee Mr. Koplinka-Loehr, Chairman, thanked the Department of Administration for their work on the Citizen Friendly Budget. He reported the Committee met on May 8 and had extensive discussions about the existing policy regarding allowances for redemption of owner -occupied property prior to auction. Following a lengthy discussion, the Committee decided to consider the possibility of enacting a very stiff penalty between the date of publication and the redemption date. The Personnel Department reported on performance reviews throughout the County. One of the Committee's goals is to review ways Personnel can maintain a culture of excellence throughout the County. Approximately sixty percent (60%) of performance evaluations are in place at this time. Mr. Koplinka-Loehr reported a new process is in place to create a template for Administrative Manual policies that will clearly state what is a policy and what is a procedure. Mr. Proto asked that a request be relayed to the Assessment Department in regard to the Local Advisory Board of Assessment Review meetings. He would like the Department to contact the Legislature Office prior to establishing these dates so that the dates can be coordinated with legislators' committee schedules. 200 May 20, 2003 RESOLUTION NO. 107 - APPROVAL OF SUCCESSION OF MEMBERS OF THE COUNTY LEGISLATURE TO SERVE IN THE ABSENCE OF THE CHAIR AND VICE CHAIR MOVED by Mr. Koplinka-Loehr, seconded by Mr. Booth. Mr. Proto said the Rules of the Board contain an order under Rule III which permits the Legislature to elect someone on a temporary basis. It also provides the authority to adjourn on a day-to-day basis, which has happened in the past. Mr. Proto said he opposes setting the succession that is outlined in this resolution because some members who are elected to select an individual are taken out of the process. He urged other members not to support this and to let the Rules of the Board stand. Mr. Joseph stated this Legislature recently adopted a revised Charter which outranks the Rules of the Board. He stated the people who will decide what that succession will be are doing it right now so they are not being cut out of the process. He stated there are a number of responsibilities that fall to the chief elected officer in an emergency and this gives direction on who to turn to if the Chair of Vice Chair is not available. Ms. Kiefer hopes that next year the Legislature will do this in January, and will consider individual legislators experience and not tie it to committee chairmanship. A voice vote resulted as follows: Ayes - 13, Noes - 1 (Legislator Proto), Excused -1 (Legislator Todd). RESOLUTION ADOPTED. WHEREAS, Section 2.05 of the County Charter, specifies the succession of members of the Legislature be designated annually by resolution to serve in the absence of the Chair and Vice Chair, and WHEREAS, the Government Operations Committee recommends the chairs of standing committees be designated, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the following order of succession of County Legislators be approved to serve in the absence of the Chair and Vice Chair: Chair, Budget and Capital Committee Chair, Public Safety Committee Chair, Government Operations Committee Chair, Facilities and Infrastructure Committee Chair, Health and Human Services Committee Chair, Planning, Development and Environmental Quality Committee Chair, Consumer and Community Affairs Committee SEQR ACTION: TYPE II -20 RESOLUTION NO. 108 - AUTHORIZATION TO EXECUTE QUITCLAIM DEED — PROPERTIES REDEEMED BEFORE COUNTY AUCTION MOVED by Mr. Koplinka-Loehr, seconded by Ms. Kiefer, and unanimously adopted by voice vote by members present. WHEREAS, Tompkins County works with residential property owners to allow them to redeem their homes prior to auction, now therefore be it RESOLVED, That the County Administrator is authorized to execute a Quitclaim Deed conveying property acquired by the County through 2003 tax foreclosures, back to the previous owners upon payment of all back taxes, penalties, interest and fees as follows: Town of Lansing Town of Lansing Town of Newfield Town of Caroline 20-1-7.2 Phillip Munson 9-1-37 David Todd 19-1-15.2 Roderick W. Martin 6-1-9.2 Jeffrey R. Cox 201 SEQR ACTION: TYPE II -20 May 20, 2003 RESOLUTION NO. 109 — AUTHORIZATION TO EXECUTE QUITCLAIM DEEDS — SALE OF FORECLOSURE PROPERTIES AT PUBLIC AUCTION MOVED by Mr. Koplinka-Loehr, seconded by Ms. Kiefer, and unanimously adopted by voice vote by members present. WHEREAS, by tax foreclosure proceedings, the County acquired certain parcels in the County, WHEREAS, said properties were sold, contingent upon Legislature approval, at public auction on May 17, 2003, now therefore be it RESOLVED, That upon payment in full of the bid price, plus current taxes and filing fees, 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 and Report and Presentation of Resolution(s) from the Planning, Development, and Environmental Ouality Committee Mr. Lane, Chairman, reported the Committee met on May 7 and also prior to this meeting. At the May 7 meeting the Committee discussed rollover funds in the Planning Department; however, the Department has not proposed any use of those funds at this time. The Committee also reviewed and approved a draft of the County's SEQR (State Environmental Quality Review) policy. Mr. Lane reported the Committee also received a report from Monika Roth of Cooperative Extension about the Neighborhood Notification Law for pesticides and learned they have been diligently working to get information out to both applicators and the public with respect to the new Law. The Committee was informed that there were going to be additional expenses incurred by Cooperative Extension as a result of this Law and they are inquiring as to reimbursement. Mr. Lane said he hopes those who voted to support this Law will also support the additional costs for Cooperative Extension and possibly the Health Department. They also heard a report from Debbie Teeter on the recent survey of the farming community by the Agriculture and Farmland Protection Board. The greatest concern for most farmers seems to be the issue of property taxes; they are particularly concerned about the fact that agriculture exemptions are not applied to fire -district taxes in a number of fire districts throughout the County. Mr. Lane reported the Committee heard a report from the Planning Department on its Comprehensive Plan and that will be presented to the Planning Advisory Board for discussion. Heather McDaniel of the Planning Department, spoke to the Committee about the Economic Development Revolving Loan Fund. The program is performing very well and the total amount being received as repayment on the loans is approximately $92,000 per year and comes back to the Fund and is loaned out again. Ed Marx, Planning Commissioner, reported on the Municipal Officials Association Planning Coalition work plan, vacancies on the Planning Advisory Board, and the issue of the parking lot south of the Public Library and contributions to the City for work on that. Mr. Proto reported the Water Resources Council has accepted the report on the Aquifer Study and will be presenting that to the Planning, Development, and Environmental Quality Committee soon. RESOLUTION NO. 110 — APPROVAL TO PURCHASE SWIPE -CARD SYSTEM AND BUDGET ADJUSTMENT - TOMPKINS COUNTY WORKFORCE DEVELOPMENT 202 May 20, 2003 MOVED by Mr. Lane, seconded by Ms. Herrera, and unanimously adopted by voice vote by members present. WHEREAS, New York State has mandated that swipe -card systems be procured for each Workforce Investment Area One Stop Center, and WHEREAS, the swipe -card systems will allow local areas the means to measure the impact of the One Stop Centers on their communities by obtaining standardized, comprehensive, and meaningful data, and will assist each area in analyzing their One -Stop systems and making policy decisions, and WHEREAS, implementation of a statewide system will provide a means for the One -Stop Centers and local boards to meet the standards for efficiently collecting system outcomes, an anticipated element within Workforce Investment Act reauthorization, and WHEREAS, New York State has provided funding to each Workforce Investment Area One - Stop Center, and Tompkins County has received $27,313.86, to purchase its system, and WHEREAS, the funding must be fully expended by June 30, 2003, or returned to the State, and WHEREAS, due to the deadline established by the State, Tompkins County Purchasing has indicated it is not feasible to follow regular procurement guidelines by writing the specifications and obtaining bids for the purchase of the system, and WHEREAS, New York State has given authority to State agencies to purchase their swipe card system through Mitra International, a New York State Small Business Initiative, and WHEREAS, the New York State Small Business Initiative was created by the New York State Office of General Services Procurement Services Group as a streamlined process to purchase products not on State Contract, and WHEREAS, Mitra International can provide the swipe -card system by the June 30, 2003, deadline, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That Tompkins County Purchasing is hereby authorized and directed to make the purchase of the swipe card system from Mitra International for the amount of $27,313.86, RESOLVED, further, That the Finance Director is authorized to make the following budget adjustment to his books: REVENUE: CD6292.44790 Federal Aid Job Training $27,313.86 APPROPRIATION: CD6292.52206 Computer Equipment $10,542.41 CD6292.52230 Software 7,590.00 CD6292.54303 Supplies 3,718.50 CD6292.544 Service Contracts 5,288.55 CD6292.54452 Postage 174.40 SEQR ACTION: TYPE II -20 Report from the Communications Capital Projects Committee Ms. Blanchard, Chair, announced the next meeting will be May 28 at 2:30 p.m. Report from the Space Needs and Location Committee Mr. Proto, Chair, reported the Committee met on May 14 and continued to follow its work plan. He reported on property that has been in discussion and negotiation. The seller has decided more time is needed and the County Attorney will keep in contact with that party. Mr. Proto said they are proceeding with standardizing the definitions of the County's space needs and measurements He also spoke of the space needs by the Office for the Aging and stated they have an immediate need for more and a different type of space. The Planning Commissioner and the Director of the Office for the Aging have been asked to begin looking for other places the Office may relocate to and the Committee is in the process of reviewing those recommendations. The next meeting will be June 111 . Approval of Minutes of May 6, 2003 203 May 20, 2003 It was MOVED by Mr. Proto, seconded by Mr. Totman, and unanimously adopted by voice vote by members present, to approve the minutes of May 6, 2003 as submitted. MINUTES APPROVED. Adjournment On motion the meeting adjourned at 8:37 p.m. 204 June 3, 2003 Regular Meeting Called to Order Mr. 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 Legislators. Privilege of the Floor by the Public Todd Schmitt, resident of Brooktondale, spoke in support of the Recreation Partnership, expressing disappointment that the County may not remain a part of the partnership. He said that the Recreation Partnership provides tremendous growth activities for the youth who are our future and encouraged Legislators to continue County support. Mr. Joseph recognized Boy Scout members present, and was informed that the youth were members of Troop 12 and were present to witness the meeting to learn about citizenship within their community as part of earning one of their badges. The youth will also have to review the County budget as part of their requirements. Privilege of the Floor by Legislators Ms. Robertson, District No. 13 Legislator, thanked Mr. Schmitt for his input, noting that it will receive more discussion within the Health and Human Services Committee. She then spoke of the President's tax cut program and the fact that the rebates and tax breaks in July does not include households of families earning between $10,000 to $26,000 annually; the $400 per child that individuals would get will not be given to households in the lower income range. Ms. Robertson then reported that she attended the Day Care Council's annual meeting May 29, 2003. At this meeting several awards were presented, including the June Rogers Early Childhood Award presented to Mary Pat Dolan, Commissioner of the Department of Social Services. Former Assemblyman Marty Luster received the Friend of Children and Family Recognition Award. Ms. Robertson spoke of the warmth and gratitude expressed by the Day Care Council members and participants to Ms. Dolan who will soon be retiring from County service. Mr. Lane, District No. 14 Legislator, reminded the public that voting was occurring for school budgets and school board seats. He then spoke of his concern regarding the recent discussions of weakening State legislation that provides better safety for workers recently passed, banning smoking in all businesses. He indicated his opposition to weakening this law and suggested that people let their legislators know their opinions so that the law cannot be changed by lobbying efforts. Individual Member -Filed Resolution RESOLUTION NO. 111- COMMEMORATING STAFF SERGEANT PATRICK L. GRIFFIN, JR. MOVED by Mr. Lane and unanimously seconded and adopted by voice vote. WHEREAS, the people of Tompkins County were grieved to learn that United States Air Force Staff Sergeant Patrick L. Griffin, Jr., died in the service of his country on May 13, 2003, from injuries sustained in combat near Ad Diwaniyah, Iraq, during Operation Iraqi Freedom, and 205 June 3, 2003 WHEREAS, Staff Sergeant Griffin was born on July 13, 1971, and grew up in McLean, New York, and WHEREAS, he was a graduate of Dryden Central School, and attended Tompkins Cortland Community College, and WHEREAS, in 1997, Staff Sergeant Griffin married Michelle Heidt Griffm, who survives him along with their two children, son Corey Griffin, age four, and daughter MaKensie Griffin, age two, and WHEREAS, in addition to his immediate family, Staff Sergeant Griffin is survived by his mother, Jodene Richards, of Cortland; his father Patrick L. Griffin, Sr., of McLean; his Grandfather, Clyde (Milton) Bower, of McLean; his sister, Penny Crandall, and three brothers: Tony, Chuck, and Eric, and WHEREAS, Staff Sergeant Griffin enlisted in the United States Air Force in 1998, received training, and rendered honorable and vital service to the United States of America in important theaters of operation, both at home and abroad, until his untimely death, and WHEREAS, Staff Sergeant Griffin received many decorations for his service, including the Purple Heart, and WHEREAS, on May 21, 2003, Staff Sergeant Griffin was buried with full military honors in Willow Glen Cemetery in the Town of Dryden, now therefore be it RESOLVED, That the members of the Tompkins County Legislature, on behalf of all of the people of Tompkins County, hereby express their heartfelt condolences to Michelle, Corey, and MaKensie Griffin, and to all the members of the family of Staff Sergeant Patrick L. Griffin, Jr., for their terrible loss, RESOLVED, further, That this Resolution be spread upon the minutes of the Legislature, and that a certified copy thereof forthwith be transmitted to the family of Staff Sergeant Patrick L. Griffin, Jr., with our deepest gratitude for his exemplary service, and our full and humble acknowledgement of the supreme sacrifice he has rendered for all of us. SEQR ACTION: TYPE II -20 Presentation: "Medicaid - New York State's Health Insurance Program for Its Poorest Citizens" Ms. Dolan, Department of Social Services Commissioner, provided a brief overview of the Medicaid program's history. The program was authorized in 1965 as Title XIX of the Social Security Act and was intended as a Cooperative Federal and State venture to assist States in furnishing medical assistance to eligible needy persons and is the largest source of funding for medical and health-related services for America's poorest people. She explained that in Tompkins County 8,500 citizens utilize Medicaid services and of these thirty-eight percent are children between birth to thirteen years old, twenty percent are over age sixty-five, three hundred are in nursing homes, and one thousand five hundred are eligible for Medicaid under Social Security Income, mostly due to significant disability. Ms. Dolan then explained that Medicaid is not a single program but is made up of varying packages of health insurance coverage based upon the income level and needs of the individual. It was explained that the Federal Government sets the mandated components with the State Legislature determining whether the State will participate in options or request waivers. The Local Social Services Districts then take the applications and certify eligibility based on need and income levels. Revenue for the program comes from the Federal government in the amount of fifty percent, with the State government and local share each providing twenty-five percent of the cost; however, there are exceptions in particular areas of funding. In the event of long-term care services the reimbursement changes to a contribution rate of fifty percent Federal, ninety percent State, and ten percent local share; and for Overburden -eligible Services the reimbursement is fifty percent Federal and fifty percent after - the -fact State reimbursement. Ms. Dolan explained that Overburden -eligible Services was put in place to assist in the cost of aiding individuals moving out of an institutional setting to an independent one. Considering all of the variables in the program, the actual local share presently spent is 17.65 percent. A recent new Federal matching percentage increase will provide an additional 2.95 percent of costs for the period between April 1, 2003 and June 30, 2004. It is estimated the increase will provide $621,000 additional revenue. Ms. Dolan spoke of the continued increase in both the cost and participation of the 206 June 3, 2003 program. She said for the year 2002 the cost of the program was $54,141,744; with an anticipated projected figure to be fourteen percent above that number for 2003. It was explained that the increases are due to several factors such as an increased cost of pharmaceuticals, rate increases in residential facilities, and an increased need for home health care. She noted that while much of the home health costs are reimbursed, the County pays the first instance and has a six -to nine-month wait for the reimbursement of the overburden costs. Ms. Dolan said that it is anticipated that the costs for the Medicaid programs will continue to increase, both in the actual expense of services as more are added as well as the increased number of cases. The Family Health Plus program has added five hundred cases to the Medicaid program, the startup of the family planning benefits late in 2002 is serving over a hundred individuals, and the Medicaid buy -in program for working disabled individuals will begin in July 2003. Ms. Kiefer inquired about the buy -in program that allows individuals who do not work, or are ineligible for Medicaid to buy coverage if their income is up to 250 percent of federal poverty guideline. Mr. Proto asked about the review process for eligibility. Ms. Dolan explained that a group of County employees in the Medicaid and Food Stamp areas review the applications for eligibility. She also said there is an individual who assists those who may be entering chronic care to determine eligibility as it may require special handling due to assets owned by the individuals. Ms. Herrera asked about items that may shift to Medicaid. Ms. Dolan explained that previously programs that assisted in shifting individuals from public assistance into the workforce may be funded under a Medicaid heading in the future. Ms. Robertson then inquired about the shifts from Medicare to Medicaid, shifting the Federal share to a State and local share. Ms. Dolan explained that one of these areas is the home health care portion, saying that the County has the obligation to provide the service through the long term care and adult -protective program, which are under the Medicaid program. Mr. Koplinka-Loehr noted that at the present time the County is experiencing the highest case load to date. Report from the Chair The Chair did not have a report. Report from the County Administrator Mr. Whicher reported that the candidate search for Commissioner of Department of Social Services is progressing. At this time he has received approximately thirty applications and said the review process will continue through November 2003, when Ms. Dolan is retiring. Additionally, Mr. Whicher noted that the $621,000 reported by Ms. Dolan to come from the Federal government originally was expected to be in excess of $1,000,000. Following a recalculation by the State combined with their distribution method it is now at the lower figure. The funds will be split over a two-year period. Mr. Whicher spoke of the Assigned Counsel program, indicating that there is an increase in fees paid to attorneys to $75 per hour for counsel involved in the program. Information has been obtained that there is no funding until fiscal year 2005 and the program will require the County to cover the over $600,000 estimated increase in assigned -counsel fees. Mr. Whicher then introduced Ms. Jackie Thomas, who will be taking over some of the duties of Ms. Smithers who has retired. Mr. Proto inquired about the Assigned Counsel shortfall. Mr. Whicher reiterated that the fees take effect in 2004, but the reimbursement will not take effect until 2005, causing the program cost to double in fiscal year 2004. Mr. Booth inquired about the fiscal information provided to the Legislators by Mr. Whicher, requesting clarification of how the figures were arrived at. Mr. Whicher explained it was a document compiled by New York State Association of Counties (NYSAC), providing an overview of anticipated Federal funding to counties from the Jobs and Growth Tax Relief Reconciliation Act. He said the final page was calculations compiled by Mr. Herden of the Department of Social Services and were more refined than those from NYSAC. Mr. Booth then inquired why the smaller counties receive more funding and was informed by Mr. Whicher that he believed it to be due to need and program design. 207 June 3, 2003 Report from the County Attorney Mr. Wood spoke of his attendance at the annual County Attorneys' meeting. He said the new State Comptroller Hevesi was a keynote speaker and that he clearly stated his belief that the shifting of burden to the real property owners is unfair. Mr. Wood said another interesting speaker was the lead civil defense attorney for New York City who spoke of how many verdicts there have been on municipalities that effect budgets. This attorney spoke of the $600,000,000 annual payout made by New York City for verdict awards and settlements, equal to approximately $100 per person or approximately $300 per household. For Tompkins County the pay -out is approximately $1 per person. Report from the Finance Director Mr. Squires did not have a report. Additions of Resolutions to the Agenda There were no resolutions added to the agenda. Withdrawal of Resolutions from the Agenda There were no resolutions withdrawn from the agenda. Resolution(s) Approved Under the Consent Agenda It was MOVED by Mr. Booth, seconded by Mr. Penniman, and unanimously adopted by voice vote, to approve the following resolutions under the Consent Agenda: RESOLUTION NO. 112 - AUDIT OF FINAL PAYMENT - AIR RESCUE FIRE FIGHTING (ARFF) CRASH, FIRE, RESCUE (CFR) BUILDING ADDITION - ITHACA TOMPKINS REGIONAL AIRPORT MOVED by Mr. Booth, seconded by Mr. Penniman, and unanimously adopted by voice vote, under the Consent Agenda. RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the following claim against the County of Tompkins be, and hereby is audited by the County Legislature: VENDOR PAYMENT REOUEST ACCOUNT NUMBER AMOUNT Kimble, Inc. Number 8 (Final) HT.5601.59239 $5,512.02 RESOLVED, further, That the Finance Director be and hereby is authorized and directed to pay said claim from Account No. HT.5601.59239. SEQR ACTION: TYPE II -20 RESOLUTION NO. 113 - BUDGET ADJUSTMENT — HIGHWAY DIVISION MOVED by Mr. Booth, seconded by Mr. Penniman, and unanimously adopted by voice vote, under the Consent Agenda. RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the Director of Finance be directed to make the following budget adjustment on his books: FACILITIES AND INFRASTRUCTURE COMMITTEE 208 Highway (#22) Revenue Acct Title June 3, 2003 Amt Approp Acct Title(s) DM5130.42801 Interfund Revenues $7,360 DM5130.52233 Highway Equipment (Equipment Rentals) Explanation: Money needed to purchase a vibratory compactor for the John Deere Hydraulic Excavator. SEQR ACTION: TYPE II -20 RESOLUTION NO. 114 - AUTHORIZATION TO EXECUTE QUITCLAIM DEED — PROPERTIES WITHHELD FROM COUNTY AUCTION MOVED by Mr. Booth, seconded by Mr. Penniman, and unanimously adopted by voice vote, under the Consent Agenda. WHEREAS, Tompkins County acquired City of Ithaca tax parcel 50-3-5 from Scot and Pamela Raynor as a result of tax foreclosure, and WHEREAS, M&T Bank as mortgage holder acquired ownership of this property as a result of default on its mortgage, and WHEREAS, M&T Bank in an effort to protect their interest in said property obtained a court order restraining the County from selling the referenced property at auction on May 17, 2003, and WHEREAS, the County Attorney has negotiated a settlement with M&T Bank, which will avoid litigation and provide for full recovery of taxes, auction expenses, and administrative time expended on this particular case, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the County Administrator is authorized to execute a Quitclaim Deed conveying property acquired by the County through 2003 tax foreclosures, back to M&T Bank upon payment of $17,500 in satisfaction of all delinquent taxes, current taxes, penalties, auction fees, and recovery of administrative time of the County Attorney and Finance Department. SEQR ACTION: TYPE II -20 Appointment(s) Approved Under the Consent Agenda On motion and duly seconded and unanimously adopted by voice vote, the following appointment(s) were approved under the Consent Agenda: Criminal Justice Advisory/Alternatives to Incarceration Board William J. Rusen, At -large representative; term expires December 31, 2004 Robert W. Stolp, At -large representative; term expires December 31, 2005 Kathleen Schlather, Tompkins County Department of Social Services representative; term expires December 31, 2004 Environmental Management Council David W. Woodard - Village of Cayuga Heights representative; term expires December 31, 2004 Report and Presentation of Resolution(s) from the Communications Capital Projects Committee Ms. Blanchard, Chair, said the Committee met May 28, 2003, and that the meeting provided an opportunity to speak among themselves and a representative member of fire companies, Mr. Parsons, of the challenges facing the County as decisions are made regarding the communications project. The concern of not having a concrete agreement with the State Wide Network was expressed and what the consequences would be if the arrangement did not come to fruition. She told members of the Legislature of the packets on desks containing eight letters to various State officials indicating support of the State Wide Network agreement and requesting assistance and support in the County obtaining the necessary 209 June 3, 2003 Memorandum of Understanding to enable the County to move forward on the project. Ms. Blanchard then reported on the Committee having discussed the timeline for this project, covering the deadlines facing the County and benefits provided if Motorola is chosen as the vendor for the State Wide Network as well. She noted that there are many areas of the project that are tracking together in order to bring the communications system together in an appropriate manner. Lastly, Ms. Blanchard said now is the time that choices have to be made to determine which plan will be utilized to pull the communications project together. RESOLUTION NO. 115 - APPROVAL TO AMEND THE 2003 — 2007 CAPITAL PROGRAM FOR THE PUBLIC SAFETY EMERGENCY COMMUNICATION AND SIMULCAST PAGING PROJECT MOVED by Ms. Blanchard, seconded by Mr. Booth. Ms. Blanchard said this resolution provides the necessary funding for the tower at the 911 Emergency Response Center site, the consoles and electronics for the building, and funds to upgrade one site for the secondary hit of the microwave system. MOVED by Ms. Kiefer, seconded by Mrs. Schuler, to offer the following substitute resolution. Ms. Kiefer said she felt that the substitution offers history on this project. Ms. Kiefer said that it was her understanding that in the 2002 Capital Project request an amount of $750,000 had been included to equip and furnish the building with the consoles, and that due to construction cost increases these funds were utilized in the construction of the building. Ms. Kiefer felt it was more accurate to increase the Emergency Response Center capital project by $550,000 to allow equipping and furnishing of the building. Ms. Kiefer said she agreed with the balance of the original resolution. Ms. Blanchard responded, saying she strongly feels the original resolution accurately packages the project, noting that the equipment and towers had never been included in the project. Ms. Blanchard further stated that this project is brought forth in a manner to utilize potential State funding of the project. Ms. Kiefer indicated she disagreed and feels that the project would not receive any additional funding as written in the original resolution. A voice vote on the substitute resolution resulted as follows: Ayes - 1 (Representative Kiefer), Noes - 14. SUBSTITUTE RESOLUTION FAILED. RESOLUTION NO. - APPROVAL TO AMEND THE 2003 — 2007 CAPITAL PROGRAM FOR THE EMERGENCY RESPONSE CENTER, THE PUBLIC SAFETY COMMUNICATIONS PROJECT AND THE SIMULCAST PAGING PROJECT WHEREAS, the County established a capital project in the adopted 2003-2007 Capital Program to design and construct a new public safety emergency communication and simulcast paging system, WHEREAS, the County is proceeding to construct a new Emergency Response Center to consolidate countywide dispatching, provide adequate space for training and equipment maintenance, and serve as an Emergency Operations Center, and WHEREAS, the Center is a unique, specialized building designed to serve as the hub for public safety communications, and WHEREAS, the facility is not functional without its own equipment and furniture and without access to the existing communication system via a network link (e.g. microwave), and WHEREAS, in response to a bid request, the Board authorized and directed the County Administrator via Resolution No. 337 of 2002 to enter into a Phase I agreement with Motorola Northern Division for equipment necessary to provide dispatching services such as consoles, console furniture, and a microwave link into the existing communication system, and WHEREAS, the Emergency Response Center capital project was authorized for $3,000,000 to include buildings and furnishings, but construction of the building consumed nearly $3,000,000 itself leaving a shortfall of approximately $550,000, requiring the capital program be increased by $550,000, and 210 June 3, 2003 WHEREAS, the County's current communication system and related infrastructure have significantly deteriorated and may not be sufficient to support new equipment on existing towers, or in shelters, threatening continuous and reliable access to the communication system, and WHEREAS, to implement a new network link from the Center to the existing communication network, it is foreseeable that an existing tower site must be upgraded as well as awl a new site established at the Center, now therefore be it RESOLVED, That the Capital Program budget for the Public Safety Communication System project be amended to authorize $1,450,000 (total adopted project $3,500,000) during 2003, in order to provide adequate funding for infrastructure improvements related to the Center's communication link needs, RESOLVED, further, That the Emergency Response Center capital project ($3,000,000) be increased by $550,000 to furnish and equip the building, and RESOLVED further, That the Finance Director is authorized to advance funds in connection with the two projects and prepare a bond resolution for approval by the Legislature. SEQR ACTION: TYPE II -20 A voice vote on the original resolution resulted as follows: Ayes - 15, Noes - 0. RESOLUTION ADOPTED. Mr. Proto respectfully disclosed himself as a holder of Motorola stock as well as his business holdings involving Motorola, and that he does not have a major interest in these holdings (this disclosure was brought forth later in the meeting). WHEREAS, the County established a capital project in the adopted 2003-2007 Capital Program to design and construct a new public safety emergency communication and simulcast paging system, and WHEREAS, the County is proceeding to construct a new Emergency Response Center to consolidate countywide dispatching, provide adequate space for training and equipment maintenance, and serve as an Emergency Operations Center, and WHEREAS, the Center is a unique, specialized building designed to serve as the hub for public safety communications, and WHEREAS, the facility is not functional without access to the existing communication system via a network link (e.g. microwave), and WHEREAS, in response to a bid request, the Board authorized and directed the County Administrator via Resolution No. 337 of 2002 to enter into a Phase I agreement with Motorola Northern Division for equipment necessary to provide dispatching services such as consoles, console furniture, and a microwave link into the existing communication system, and WHEREAS, the County's current communication system and related infrastructure have significantly deteriorated and may not be sufficient to support new equipment on existing towers, or in shelters, threatening continuous and reliable access to the communication system, and WHEREAS, to implement a new network link from the Center to the existing communication network, it is foreseeable that an existing tower site must be upgraded and a new site established at the Center, now therefore be it RESOLVED, on recommendation of the Communications Capital Project, and Budget and Capital Committees, That the Capital Program budget for the Public Safety Communication System project be amended to authorize up to $2,000,000 (total adopted project $3,500,000) during 2003, in order to provide adequate funding for infrastructure improvements related to the Center's communication link needs, RESOLVED further, That the Finance Director is authorized to advance funds in connection with the project and prepare a bond resolution for approval by the Legislature. SEQR ACTION: TYPE II -20 Report and Presentation of Resolution(s) from the Budget and Capital Committee 211 June 3, 2003 Mr. Penniman, Chair, said the Committee met on May 27, 2003, with discussions reflected in resolutions being brought forth. He spoke of the report from Mr. Squires regarding the Fringe accounts and the ability of utilizing reserve funds for the shortfall the County will face. Although a recommendation had been made to increase the fringe rate during 2003, it was not agreed to increase the fringe rate at this time. Mr. Penniman noted that information received at Committee regarding anticipated State and Federal funds is changing so rapidly he felt it inappropriate to report at this time. He then reported that a resolution will be coming forth which will address the Consumer Price Index (CPI) indicator that will be utilized by the County. This resolution will show North East Urban as the indicator utilized. Ms. Kiefer inquired why the clerical option was not chosen and was informed by Ms. Smithers that has made no recommendations and the final format is not complete. Mr. Penniman feels it should reflect the local economy rather than employee status, and explained the figure would be used for determining inflation, salary increases, etc. Mr. Whicher noted the CPI is used by several departments for calculations as well. Mr. Joseph said when determining tax rates it would assist in determining if it is increasing at the same rate of inflation. Mr. Penniman said there are minor variations between the different CPI designations. Mr. Lane inquired why a determination was not made to increase the fringe rate this year. Mr. Penniman said that the increase is anticipated to be approximately $300,000. As the fringe budget line is approximately $9,000,000 it is expected that the increase could be absorbed. He also said that it was felt that the increase would also be comparable to an across-the-board cut. Mr. Whicher said that initially it was thought that the increase would be $1,000,000; however, this figure was downsized and at the present time an increase this year is not warranted. RESOLUTION NO. 116 - AUTHORIZING THE ISSUANCE OF $2,000,000 SERIAL BONDS OF THE COUNTY OF TOMPKINS, NEW YORK, TO PAY THE COST OF THE COUNTY'S 2003 EMERGENCY COMMUNICATIONS SYSTEM INTERCONNECTIVITY PROGRAM IN AND FOR SAID COUNTY MOVED by Mr. Penniman, seconded by Mr. Totman. Ms. Kiefer asked if Mr. Penniman would consider modifying the title to include furnishing the Emergency Response Center as well as the Public Safety Communications System Project. Mr. Penniman indicated he would like to keep consistency with the other resolutions. A roll call vote on the resolution resulted as follows: Ayes - 14, Noes - 1 (Legislator Kiefer). RESOLUTION ADOPTED. Ms. Kiefer inquired how the State Environmental Quality Review (SEQR) compliance mentioned in the resolution was performed. It was suggested by Ms. Blanchard that Ms. Kiefer speak to Ms. Shakarjian regarding this. Mr. Wood said that it is standard wording and that it indicates that what could be done thus far has been completed. Ms. Kiefer stated that if SEQR review is not yet complete it is inappropriate to include this statement and although she supports the project she cannot vote for something that is inaccurate. Mr. Wood will inquire about this with the bond counsels who prepare these documents for the County. Mrs. Schuler asked if it would be possible to reword the documents as the SEQR questions come up often. WHEREAS, all conditions precedent to the financing of the capital project hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed, and WHEREAS, it is now desired to authorize the financing of such capital project, now therefore be it RESOLVED, by the Tompkins County Legislature of the County of Tompkins, New York, as follows: Section 1. For the specific object or purpose of paying the cost of the County's 2003 Emergency Communications System Interconnectivity Program, including the purchase and installation of equipment and infrastructure components, for use by said County, including incidental expenses in connection therewith, there are hereby authorized to be issued $2,000,000 serial bonds of said County of Tompkins, New York, pursuant to the provisions of the Local Finance Law. 212 June 3, 2003 Section 2. It is hereby determined that the maximum estimated cost of such specific object or purpose is $2,000,000, and that the plan for the financing thereof is by the issuance of the $2,000,000 serial bonds of said County of Tompkins, New York, 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 ten years, pursuant to subdivision 25 of paragraph a of Section 11.00 of the Local Finance Law. Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the County Director of Finance of the County of Tompkins, New York, 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 Director of Finance, 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. 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 its County Director of Finance and a facsimile of the corporate seal shall be imprinted or impressed thereon and attested by the manual or facsimile signature of its 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 Director of Finance of the County of Tompkins, New York, 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 County Director of Finance shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 8. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the County of Tompkins, New York, by the facsimile signature of its County Director of Finance 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 its County Director of Finance. 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 Director of Finance of the County of Tompkins shall determine. Section 9. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said County is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 10. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Sections 1.150 - 2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. 213 June 3, 2003 Section 11. This resolution, which takes effect immediately, shall be published in full in The Ithaca Journal, the official newspaper of such County, together with a notice of the Clerk of the Tompkins County Legislature in substantially the form provided in Section 81.00 of the Local Finance Law. SEQR ACTION: TYPE 11-20 RESOLUTION NO. 117 - BUDGET ADJUSTMENT AND APPROPRIATION OF UNSPENT GENERAL FUNDS FROM 2002 TO VARIOUS ACCOUNTS MOVED by Mr. Penniman, seconded by Mrs. Schuler. A short roll call vote resulted as follows: Ayes - 15, Noes - 0. RESOLUTION ADOPTED. WHEREAS, various departments have been certified by the Director of Finance to have unspent appropriations and excess revenues from 2002 resulting in a surplus of $2,423,098 on the County's books as of December 31, 2002, and WHEREAS, pursuant to County Fiscal Policy, surplus funds have been requested for use in the amount of $693,137 in the current year budget, now therefore be it RESOLVED, on recommendation of the Health and Human Services, Public Safety, Government Operations, Consumer and Community, and Budget and Capital Committees, That the following transactions are approved: BUDGET APPROPRIATION: FROM: General Fund Balance TO: Youth Bureau — Recreation Partnership Assigned Counsel - Salary 7021.54400 $367,634 11.088 $ 11,088 1170.51000535 2,244 $ 2.244 Fire & EMS — Communications Equipment Fire & EMS — Office Furnishings Fire & EMS — Computer Equipment 3410.52222 3410.52214 3410.52206 15,000 30,000 30.675 $ 75,675 Probation — ATI Initiatives - Program Expense Jail - Vehicle Jail - Professional Services Jail - Computer Equipment Jail - Computer Software Jail - Service Contracts Jail - Office Furnishings Jail - Office Equipment Jail - Equipment Maintenance 3160.54400 39,490 $ 39.490 3150.52231 3150.54442 3150.52206 3150.52230 3150.54425 3150.52214 3150.52210 3150.54400 25,000 10,000 20,000 30,000 5,000 2,500 2,500 5.000 $100,000 Facilities — Vehicle 1620.52231 19,000 Facilities — Computer Equipment 1620.52206 2,000 Facilities — Maintenance Mgmt software, set-up & training 1620.52230 16,000 $ 37.000 Weights & Measures — Re -certification of Equipment 3630.54400 248 3630.54303 75 $ 323 Weights & Measures — Office Supplies 214 County Clerk — Furnishings County Clerk — Computer Equipment County Clerk — Salary Board of Elections — Board of Elections — Board of Elections — Board of Elections June 3, 2003 1411.54442 50,000 1410.52206 10,000 1410.51000 16,000 $76,000 Computer Equipment Computer Software Equipment Maintenance — Office Supplies Personnel — Computer Equipment Personnel — Office Furnishings Personnel — Salary & Fringe SEQR ACTION: TYPE 11-20 1450.52206 1,421 1450.52230 441 1450.54425 402 1450.54303 500 $ 2,764 1430.52206 2,500 1430.52214 1,500 1460.51000 19,050 $ 23,050 RESOLUTION NO. 118 - ESTABLISHMENT OF GUIDELINES AND FISCAL TARGETS FOR ALL COUNTY BUDGETING UNITS FOR THE PREPARATION OF THE 2004 BUDGET MOVED by Mr. Penniman, seconded by Mr. Booth. Mr. Penniman said this is the target being set for all departments and agencies receiving funding within the County, specifically that the fiscal target for 2004 remain the same as 2003. Mr. Proto inquired whether it was wise to use this as a starting point rather than utilize various budget scenarios as in the past. Mr. Penniman explained that given the anticipated increases in the fringe rates that it was thought to be prudent to use a zero percent increase as the starting point. Ms. Kiefer spoke of her desire to reduce this burden on departments by requesting them to absorb as cuts only a portion of the additional salary and fringe obligations to the 2003 fiscal targets to alleviate these substantial increases caused by contractual and fringe obligations and offered the following: MOVED by Ms. Kiefer, seconded by Ms. Herrera, to add the following substitute language to the Resolved Paragraph 3: ", plus salary increases at the rate of 1.5 percent, and plus fringe benefit increase at the rate of 10 percent". Ms. Kiefer noted that the language offered an additional 11.5 percent in addition to their 2003 fiscal target. Without this, departments will face a defacto sixteen percent cut. Mr. Proto said he could not support the proposed language at this time in light of the difficult budget ahead. Ms. Kiefer said the resolution would not alleviate the need for the Legislature to review carefully all programs and potentially make cuts in those areas. Ms. Robertson stated that her understanding is that the motion presented by Ms. Kiefer would hopefully reduce the number of over -target requests received. Mr. Penniman said that it also would build in a rather large tax increase into the target budget. Mr. Joseph said that it would potentially make fewer over -target requests and that they are potentially areas where reductions can be made. He indicated that if the budget was flat with over target requests being denied the budget gap would be filled. Mr. Proto said he feels that in fairness to all, that all over target requests will need to be very carefully reviewed. A voice vote on the amendment resulted as follows: Ayes - 2 (Legislators Herrera and Kiefer), Noes - 13. MOTION FAILED. A voice vote on the original resolution resulted as follows: Ayes - 14, Noes - 1 (Legislator Kiefer). 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 215 June 3, 2003 department heads and program directors as timely as possible in order for them to submit their budget requests by July 7, 2003, and WHEREAS, already -negotiated salary increases will require more than a three percent increase in department salary expenses, and WHEREAS, it is estimated that increases in the 2004 cost of fringe benefits, which include the County's retirement contribution, Social Security, Worker's Compensation, the Voluntary Employee Benefit program (VEBA), health insurance, supplemental benefits, and unemployment insurance, will amount to about a twelve percent increase in department fringe benefit expenses, and WHEREAS, taken together the anticipated salary and fringe benefit increases will account for at least a fifteen percent increase in departmental target funding, and without addressing these unavoidable increases departments would face a defacto sixteen percent decrease, and WHEREAS, the Tompkins County Legislature wishes to establish targets for departments and agencies in preparing 2004 budget requests, now therefore be it RESOLVED, on recommendation of the Budget and Capital Committee, That fiscal targets for all budgeting units for preparation of the 2004 budget are hereby established as follows: 1. For not-for-profit agency grants, the amount approved in the 2003 adopted budget less any over -target funding designated as one-time less any funds re -appropriated from previous years 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 2003 adopted County budget, less any over -target funding designated as one-time less any funds re -appropriated from previous years. SEQR ACTION: TYPE II -20 RESOLUTION NO. 119 - ESTABLISHING 2004 FRINGE BENEFITS PAYMENT RATE MOVED by Mr. Penniman, seconded by Ms. Kiefer. Mr. Booth indicated that he desired action on the 2003 fringe rate but that it failed. A voice vote resulted as follows: Ayes - 15, Noes 0. RESOLUTION ADOPTED. WHEREAS, upon adoption of the 2003 budget the 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 $8.3 million dollars, and WHEREAS, the 2004 Fringe Pool is estimated at $12.1 million (up 47 percent - an increase of $3,858,001 from the estimated 2003 collections at 27%) due to the following changes in projected fringe costs: NYS Retirement — from 4.0% of payroll to 11.04% of payroll ($2.3 million increase) Workers Comp — from 1.2% of payroll to 1.6% of payroll ($137,000 increase) Health Insurance — includes an estimated $400,000 shortfall for 2003 and a 12% increase for 2004 ($1 million increase) General Increases in FICA and Unemployment due to an increase in Payroll ($140,000) and WHEREAS, the 2004 estimated Fringe Pool represents 38 percent of estimated payroll, and WHEREAS, the current Fringe Pool estimates may vary between two and three percent (in total) as payroll estimates for 2004 may vary, now therefore be it RESOLVED, on recommendation of the Budget and Capital Committee, That the Fringe Benefits payment rate for 2004 charged to all County departments based on actual payroll paid, shall be increased from 27.0 percent to 39.0 percent. SEQR ACTION: TYPE II -20 216 June 3, 2003 RESOLUTION NO. 120 - AUTHORIZATION TO RESCIND RESOLUTION NO. 108 OF 2002 AMENDMENT TO FISCAL POLICY 05-02, SECTION 5.06 - APPROPRIATION (CARRYOVER) OF UNSPENT FUNDS FROM PREVIOUS YEARS MOVED by Mr. Penniman, seconded by Ms. McBean. Mr. Penniman said that the reason to rescind is that it did not adequately or appropriately cover each possible scenario. He said attempts were made to craft a resolution, but thought it best to rescind and review each rollover request and make a determination at the time of request. Mr. Penniman further stated that rescinding the resolution was not to increase or diminish the rights of departments to request rollover funds. Ms. Kiefer indicated her opposition to the resolution, stating she feels it appears to be incrementally making changes in the rollover policy, and it would be better to revisit the rollover policy as a whole rather than piece meal. Moreover, she believes Resolution No. 108 of 2002 is clear as written and there is no need to change it. Mr. Penniman disagreed, stating the resolution had only stated an intent, not change the policy. A voice vote resulted as follows: Ayes - 11 (Legislators Booth, Herrera, Joseph, Koplinka-Loehr, Lane, Penniman, Proto, Robertson, Schuler, Totman, and Winch); Noes - 4 (Legislators Blanchard, Kiefer, McBean, and Todd). RESOLUTION ADOPTED. WHEREAS, Resolution No. 108 of 2002 was intended to provide language within the Fiscal Policy to automatically allow departments to retain certified funds from previous years when a requested use of the funds is denied, and WHEREAS, it is preferable to state explicitly in each case the intent of the Legislature with regard to the use of rollover funds, now therefore be it RESOLVED, on recommendation of the Budget and Capital Committee, That Resolution No. 108 of 2002 amending the Fiscal Policy is hereby rescinded. SEQR ACTION: TYPE II -20 Report and Presentation of Resolution(s) from the Health and Human Services Committee Ms. Robertson, Chair, thanked Ms. Dolan for the presentation given previously in the meeting. She reported the Committee met on May 22, 2003, and will meet again June 4, 2003. On May 22nd Mt Herden of the Department of Social Services provided a report on the 2003 budget as well as providing an analysis of the State budget. She said that based on expenditures to date and the approved State budget there will be an approximate $800,000 deficit of local funds compared to the 2003 budget. Based on the experience of the first quarter of 2003, projected local share spending for the year will be approximately $188,000 less than budgeted; and the approved State budget will cost approximately $988,000 more in local share than budged for the year. She said the County can expect that the 2003-2004 State budget will have more serious costs to us in future years. Several of the negative changes will only be in effect for part of this calendar year, and the impacts of some of the worst measures loom larger in subsequent years. These measures include the proposed cap on Overburden reimbursement, Medicaid, and food stamps. She noted that Mr. Herden said that the cap for administrative cost reimbursement has stayed the same since the 1993 rate and the increases are totally paid for by local share; however, the new State plan indicates a twenty percent cut in this reimbursement rate. Ms. Robertson then said that Department of Social Services has reported a 9.7 percent increase in case loads over March 2002. As of April 2003, the net caseloads for Medicaid, food stamps, and temporary assistance are at an all-time high. Ms. Robertson then reported on the update received regarding the Recreation Partnership and Facilities plan for 2004. The Committee discussed future participation and indicated a desire to possibly withdraw from the partnership at the end of 2004, but felt strongly that in-kind contribution of support staff be maintained. The Committee then discussed issues concerning the recreation facilities owned by the city and created a list of items to be addressed prior to any decisions in this area. A discussion of the 217 June 3, 2003 fee structure occurred and it was felt this should not change in 2003 and that any changes should occur no earlier than 2004. The Health Department provided an update on the Neighbor Notification Law. Mr. Ewald of the Health Department and Ms. Roth of Cooperative Extension provided the Committee with information on the outreach and training that has occurred this spring. Ms. Robertson said the outreach will continue through the summer with a work-study student providing their services at a lower cost. A resolution will be forthcoming for expenditures to date on the enactment of this Local Law. Mr. Penniman responded to Mr. Schmitt's comments on the withdrawal of the County from the Recreation Partnership, saying that the County contribution is ten percent of the cost, and while significant, it would not eliminate the partnership as Mr. Schmitt indicated. He said the formula used to calculate cost of membership in the Recreation Partnership is based on participation and assessments and hopes that Mr. Schmitt is making an effort to speak to the municipalities as well. Ms. Robertson said that the municipalities were advised of what their costs would be in the event of the County's decision to discontinue membership and it did not appear to significantly disturb the municipalities. Mr. Booth said he believes it to be a strategic mistake to back out of the Recreation Partnership. He believes that it is a successful program that has brought together municipalities and serves children. RESOLUTION NO. 121 - AUTHORIZATION TO CONTRACT WITH ALCOHOL AND DRUG COUNCIL OF TOMPKINS COUNTY AND CAYUGA ADDICTION RECOVERY SERVICES FOR DEDICATED TREATMENT SUPPORT RELATED TO THE FAMILY TREATMENT COURT AND BUDGET ADJUSTMENT - DEPARTMENT OF SOCIAL SERVICES MOVED by Ms. Robertson, seconded by Mrs. Schuler. Mr. Proto asked how long the TANF funding was available for this program, how will the program be funded after December 31, 2003, and if the TANF funds are in hand at present. Ms. Dolan responded saying this program was originally awarded a three-year TANF grant, however due to the present financial climate the grant expired May 1, 2003. She said this resolution will provide the ability to use funds from a fully funded TANF preventive -service area by contracting for these services. Ms. Dolan said it is anticipated that the program will undergo the normal budget process for subsequent years. Mr. Proto asked if the TANF funds being used will effect other programs and that it will not effect funds used in the transportation areas. Ms. Dolan said not at the present time. A voice vote resulted as follows: Ayes - 13 (Legislators Blanchard, Booth, Herrera, Joseph, Kiefer, Koplinka-Loehr, Lane, McBean, Penniman, Proto, Robertson, Schuler, and Winch); Noes - 2 (Legislators Todd and Totman). RESOLUTION ADOPTED. WHEREAS, the Department of Social Services, Probation Department, Mental Health Department, Family Court, Alcohol and Drug Council, and Cayuga Addiction Recovery Services have cooperated in the creation and implementation of the Family Treatment Court beginning in April 2001, and WHEREAS, beginning in July 2001, and ending May 1, 2003, the Family Treatment Court has been partially funded with grants from the Office of Children and Family Services totaling $336,951.00, and WHEREAS, the partner agencies have been encouraged to apply for "follow-on" funding from the Office of Children and Family Services due to the success of the County's Family Treatment Court, and WHEREAS, the current fiscal situation being experienced by the State of New York has diminished the likelihood of this "follow-on" funding, and 218 June 3, 2003 WHEREAS, the partner agencies are in agreement regarding the importance of continuing the treatment component of Family Treatment Court as the best current alternative for willing families whose children face foster -care placement due to parental substance abuse, and WHEREAS, the Department of Social Services and partner agencies are also actively pursuing additional grant opportunities, and WHEREAS, contracting with the Alcohol and Drug Council and Cayuga Addiction Recovery Services directly will allow the department to financially support these agencies so that the dedicated treatment positions will be continued, and WHEREAS, the families being served by the Family Treatment Court are all eligible for TANF under 200% Services Funds - allowing the Department of Social Services to contract for the services of these treatment professionals with no additional cost to the County, 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 the Alcohol and Drug Council of Tompkins County, Inc., for the dedicated support to the Family Treatment Court totaling $28,170 for the period of May 1, 2003, through December 31, 2003, RESOLVED, further, That the Department of Social Services is also authorized to contract with Cayuga Addiction Recover Services, Inc., for $15,800 for dedicated treatment support to the Family Treatment Court for the period of May 1, 2003, through December 31, 2003, RESOLVED, further, That the Director of Finance is hereby authorized to make the following adjustment to the budget for the Department of Social Services: REVENUE: 6070.44670 Federal Revenue $43,970 APPROPRIATION: 6070.54400 Purchase of Services $43,970 SEQR ACTION: TYPE II -20 RESOLUTION NO. 122 - CREATION OF REGISTERED PROFESSIONAL NURSE POSITION - INCREASING HOURS OF LONG TERM CARE COORDINATOR AND BUDGET ADJUSTMENT - DEPARTMENT OF SOCIAL SERVICES MOVED by Ms. Robertson, seconded by Ms. McBean. Ms. Dolan explained that this position will not require any additional funding for the 2003 fiscal year. A voice vote resulted as follows - Ayes - 15, Noes - 0. RESOLUTION ADOPTED. WHEREAS, the provision of assessments and access to personal care, nursing, private -duty nursing, home health aide, Care -At -Home waiver, and PERS services to eligible children and adults is a mandated component of the operations of the Department of Social Services, and WHEREAS, there has been a 418 percent increase in units of service for the Personal Care program since 1997 with no increase in staffing, and WHEREAS, the nursing assessments conducted by the department and the nursing oversight of complex and costly private duty nursing and "waiver" cases insures that the families are receiving the greatest access to care with the least impact on the Medicaid program, and WHEREAS, the current staffing level is not sufficient to insure that minimum program standards are met into the future and is totally inadequate to insure that effective management and oversight of cases is maintained in order to insure the greatest Medicaid cost -avoidance and support for caretaker families, and WHEREAS, these concerns are addressed in the first resolved below, and WHEREAS, the Long Term Care Coordinator has experienced an increase in workload as a result of the increase in caseload of the Long Term Care and Adult Protective Services portions of her Division, and WHEREAS, this Coordinator has also been directed to develop a Community Guardianship Program for the County and to update the financial -management procedures for the County in relation to Adult Protective Services clients, and 219 June 3, 2003 WHEREAS, this Coordinator has also been directed to represent the needs and interests of the Department of Social Services in the community's efforts to improve housing for chronically homeless and disabled adults and families, and WHEREAS, the current 35 -hour workweek of this individual is insufficient to ensure that basic supervisory responsibilities and these additional responsibilities are met, and WHEREAS, these concerns are addressed in the second resolve below, now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, That one position of Registered Professional Nurse, Labor Grade N (14) at 35 hours per week, be created in the Department of Social Services effective July 1, 2003, RESOLVED, further, That the hours of the Long Term Care Coordinator, Labor Grade P (16), be increased from 35 to 40 hours per week, RESOLVED, further, That the Director of Finance is authorized to make the following adjustment in the budget of the Department of Social Services: Revenue: 6010.544610 Federal reimbursement $21,994 6010.543610 State reimbursement $3,667 Total $25,661 Local share $ 3,665 Appropriation: 6010.51000728 Increase Long Term Care Coordinator to 40 hours $ 3,420 6010.51000565 Create new Registered Nurse position $19,671 6010.58800 Fringes on above $ 6,235 Total $29,326 SEQR ACTION: TYPE II -20 RESOLUTION NO. 123 - APPROPRIATION FROM CONTINGENT FUND - REPLACEMENT PAY - HEALTH DEPARTMENT MOVED by Ms. Robertson, seconded by Ms. McBean. A short roll call vote on the resolution resulted as follows: Ayes - 15, Noes - 0. RESOLUTION ADOPTED. WHEREAS, the Health Department has an employee out on medical leave for greater than two months in the Children With Special Care Needs Program, and WHEREAS, the Fiscal Policy of Tompkins County allows for replacement pay from the Contingent Fund, 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 appropriation: FROM: A1990.54440 Contingent Fund $2,106 TO: A4047.51000519 Salary - Senior Typist $1,658 A4047.58800 Fringes $ 448 SEQR ACTION: TYPE II -20 Ms. Robertson said at the June 19 meeting of the Committee the main topic of discussion will be housing issues and the way to take an interdisciplinary approach of housing those at risk. Report and Resolution(s) Presented from the Public Safety Committee Ms. Blanchard, Chair, said the Committee had not met. The next meeting will be on June 5th, at which time the Committee will review a presentation on the various programs under the heading of 220 June 3, 2003 Alternatives to Incarceration. Ms. Blanchard also reported the next Felony Drug Treatment Court commencement ceremony will take place on June 4, 2003. RESOLUTION NO. 124 - APPROPRIATION FROM CONTINGENT FUND FOR TERMINAL PAY AT THE PROBATION AND COMMUNITY JUSTICE DEPARTMENT MOVED by Ms. Blanchard, seconded by Ms. Robertson. A short roll -call vote resulted as follows: Ayes - 15, Noes - 0. RESOLUTION ADOPTED. WHEREAS, the Probation and Community Justice Department had the employment of one employee, Katherine Cornell, terminated, effective March 28, 2003, at a cost of $10,272 for terminal pay, and WHEREAS, the Fiscal Policy of Tompkins County allows for terminal pay replacement 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 appropriate a total of $10,272 for terminal pay for Katherine Cornell, RESOLVED, further, That the money be distributed to the following accounts: FROM: A1990.54440 Contingent Fund $10,272 TO: Probation Intake/ A3142.51000535 Regular Pay $ 6,471 Investigation A3142.58800 Fringes $ 1,747 Alternatives to A3141.51000535 Regular Pay $ 1,617 Incarceration A3141.58800 Fringes $ 437 SEQR ACTION: TYPE II -20 RESOLUTION NO. 125 - BUDGET ADJUSTMENT AND APPROPRIATION OF UNSPENT GENERAL FUNDS FROM 2002 TO THE SHERIFF'S DEPARTMENT MOVED by Ms. Blanchard, seconded by Mr. Totman. Mr. Proto inquired about the discussion held by the Budget and Capital Committee. He was informed that the concern had been with regard to the use of funds set aside for specific purposes, that the funds had been earmarked for salary increases with respect to negotiations that are not yet completed. Ms. Blanchard stated that administrative staff had been available at the Committee meeting and discussed the amount of funds necessary to adequately provide for future contractual obligations in the salary and fringe budget lines. A roll call resulted as follows: Ayes - 12 (Legislators Blanchard, Herrera, Joseph, Kiefer, Koplinka-Loehr, Lane, McBean, Penniman, Robertson, Schuler, Totman, and Winch); Noes - 3 (Legislators Booth, Proto, and Todd). RESOLUTION ADOPTED. WHEREAS, the Sheriff's department has been certified by the Director of Finance to have unspent appropriations and excess revenues from 2002 resulting in a surplus of $315,503 on the County's books as of December 31, 2002, and WHEREAS, pursuant to County Fiscal Policy, surplus funds have been requested for use in the amount of $315,503 in the current -year budget, now therefore be it RESOLVED, on recommendation of the Public Safety Committee, That the following transaction is approved: BUDGET APPROPRIATION: 221 June 3, 2003 FROM: General Fund Balance TO: Sheriff - Vehicles Sheriff - Computer Equipment Sheriff - Departmental Equipment Sheriff — Wages - Contract Settlement, increased costs related to training and security Sheriff — Fringes — Contract Settlement, increased costs related to training and security SEQR ACTION: TYPE II -20 $315,503 3113.52231 75,000 3113.52206 28,000 3113.52220 12,503 3113.51000 157,480 3133.58000 42,520 $315,503 RESOLUTION NO. 126 - AUTHORIZATION FOR PROGRAM RECONFIGURATION - PROBATION AND COMMUNITY JUSTICE DEPARTMENT MOVED by Ms. Blanchard, seconded by Ms. Herrera. Ms. Blanchard reviewed the chart provided that indicated the reconfiguration of the Probation and Community Justice Department. Mr. Proto inquired whether it was wise to reconfigure this department now and was informed that it was the appropriate time to allow for budget decisions. Mr. Proto then inquired about the two-year initiatives that the departments had been working on and what the effect would be on them. Ms. Blanchard said that there will be a joint meeting of Health and Human Services and Public Safety Committees to discuss how this will effect the initiatives. Ms. Herrera said she seconded this motion as she felt the reconfiguration was done in an appropriate manner that better defined the programs. Ms. Robertson said Ms. Schlather thought the evaluation of the programs should be reported in September. Mr. Joseph said he wanted to clarify that this resolution is to define the budgeting units to better understand the dynamics of them. A voice vote on the resolution resulted as follows: Ayes - 14; Noes - 1 (Legislator Proto). RESOLUTION ADOPTED. WHEREAS, the Probation and Community Justice Department is divided into six program areas under three Budgeting Units known as Probation, Electronic Monitoring, and ATI Initiatives, and WHEREAS, the current program configuration is artificial in that the Probation and Community Justice Department 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 program areas, and WHEREAS, the Family Drug Treatment Court is funded with one-time money and has no fiscal target, and WHEREAS, Program 4450 — ATI Initiatives, when reassigned from Administration to the Probation Department that previously had its own Alternatives to Incarceration program caused confusion between the programs, now therefore be it RESOLVED, on recommendation of the Public Safety and Budget and Capital Committees, That effective with the 2004 budget, programs be reorganized to form five program areas under three Budgeting Units known as Probation Department, Domestic Violence Prevention, and Community Justice Initiatives as follows, RESOLVED further, That Program 3855, Electronic Monitoring, be included in Program 3700, Alternatives to Incarceration with a commensurate redistribution of fiscal targets as follows: FROM: Electronic Monitoring — BU#3850 - $59,015 TO: Alternatives to Incarceration — BU#3700 - $59,015 222 June 3, 2003 RESOLVED further, That Felony Drug Court within ATI Initiatives, Program 4450, be reassigned to Program 3700, Alternatives to Incarceration with a commensurate redistribution of fiscal targets as follows: FROM: ATI Initiatives — BU#4450 - $60,868 TO: Alternatives to Incarceration — BU#3700 - $60,868 RESOLVED further, That Family Drug Treatment Court within ATI Initiatives, Program 4450, be reassigned to Program 3800, Core Probation Services, no fiscal target adjustment is required, RESOLVED further, That Program 4550 — Criminal Justice Coordination be renamed Domestic Violence Prevention — Planning and Coordination, RESOLVED further, That Program 4550 — Domestic Violence Prevention be designated as a separate budgeting unit with its own fiscal target, RESOLVED further, That Program 4450 — ATI Initiatives be renamed Community Justice Initiatives. SEQR ACTION: TYPE II -20 Report from the Facilities and Infrastructure Committee Mr. Booth, Chair, said the Committee met on May 27, 2003, and the next meeting will be on June 10, 2003. He reported that information was received and resolutions will be brought forward regarding the overtime needs of the Highway Division due to the severe winter weather. A review of highway projects, particularly bridges was held and information received about the process of removal of hazardous waste barrels during painting projects and the governmental guidelines involved. Mr. Proto thanked individuals for the work being done on the Lounsbery Road approach. Report from the Consumer and Community Affairs Committee Ms. Kiefer, Chair, reported the Committee met April 25 and reviewed rollover requests from Board of Elections and Weights and Measures departments. Also, a discussion was held regarding the County Historian position and its role within the County. This discussion will continue at the June 18, 2003 meeting of the Committee. Ms. Kiefer then reported the Board of Elections is still awaiting information from the New York State Task Force on the draft plan for the Help America Vote Act. The Board of Elections has asked for input on the feasibility of soliciting municipal employees to act as voting inspectors and to offer compensating time off and referred this topic to the Government Operations Committee for review. The Committee received an update from the Weights and Measures Department as well as Ms. Roth of Cooperative Extension on the Neighbor Notification Law. The Committee has requested expenses. An update on the Cooperative Extension Director Search was received and more information will be received in August. Report and Presentation of Resolution(s) from the Government Operations Committee Mr. Koplinka-Loehr, Chair, said the Committee meets next on June 12, 2003, at which time they will be reviewing the Human Rights Annual Report and the County Administration Annual Report. RESOLUTION NO. 127 - APPROPRIATION FROM CONTINGENT FUND FOR TERMINAL PAY - COUNTY ADMINISTRATION OFFICE MOVED by Mr. Koplinka-Loehr, seconded by Ms. Herrera. A short roll call vote resulted as follows: Ayes - 15; Noes - 0. RESOLUTION ADOPTED. WHEREAS, County Administration had an employee, Kathryn Smithers, resign effective February 28, 2003, at a cost of $28,948.16 for terminal pay, and 223 June 3, 2003 WHEREAS, the Fiscal Policy of Tompkins County allows for terminal pay from the Contingent Fund, now therefore be it RESOLVED, on recommendation of the Government Operations and Budget and Capital Committees, That the Director of Finance appropriate a total of $28,948.16 to the County Administration budget for terminal pay, RESOLVED, further, That the money be distributed to the following accounts: FROM: A1990.54440 Contingent Fund $28,948.16 TO: A1230.51000 Regular Pay $22,794.16 A1230.58800 Fringe $ 6,154.42 SEQR ACTION: TYPE II -20 Report from the Planning, Development, and Environmental Quality Committee Mr. Lane, Chair, said the Committee had not met since the last meeting. The next meeting of the Committee will be on June 4, 2003. He then spoke of the Tompkins County Area Development Annual Meeting held at the new Paleontological Research Institute. He expressed his pleasure with this new facility which will add to the community. Information was received on institutions within the County that add to the economic strength of the community. Report from the Space Needs and Location Committee Mr. Proto, Chair, said the committee will meet on June 11, 2003, and will continue working on the work plan and standardization for future planning. Adjournment On motion the meeting adjourned at 7:45 p.m. 224 June 17, 2003 Regular Meeting Called to Order Mr. 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 Legislators. (Mrs. Schuler arrived at 6:10 p.m.) Proclamation Mr. Joseph read the following proclamation and declared: June 19, 2003 to be Tompkins County Workforce Development Day in Tompkins County and presented the proclamation to Debbie Giordano of the Workforce Development Office. Ms. Giordano expressed her gratitude and invited members of the Legislature to the annual meeting on June 19, 2003. Privilege of the Floor by the Public Steve Nicholson, Chair of the Environmental Management Council (EMC), asked the Legislature to support the net -metering resolution on its agenda. He said EMC passed a supporting resolution at their June 11, 2003, meeting and believes it to be an incentive to assist in producing renewable energy and reducing emissions. He then spoke of the $50,000 funds set aside to assist in facilitating the recommendations suggested in the Taitem report and the potential to save ten percent of the County's energy expenses. Fay Gougakis, City of Ithaca resident, spoke of the Tompkins County Library's solar panels and how the Cayuga Green project construction will effect them. She said future plans for use of solar panels should take into account the possibility of future construction in surrounding areas. Ms. Gougakis then thanked members of the Legislature who did not support the recent fare increase enacted by Tompkins Consolidated Area Transit (TCAT), stating she feels $1.50 is too high for residents with low incomes. She said that some Ithaca College students do not pay for their transportation and should. Ms. Gougakis asked for an update on use of jet skis on Cayuga Lake from Mr. Proto. She also said that she feels use of cellular telephones within the Tompkins County Public Library should not be allowed as it is very distracting to patrons. Distinguished Youth Award Mr. Booth, District No. 3 Legislator, presented this month's Distinguished Youth Award to the Ithaca High School Key Club, a student -led organization committed to community service and volunteer work, and read the following statement: "Open to all interested students, the Key Club has maintained an important tradition of service at the high school. During 2002 - 2003 school year the Key Club had about twenty members, representing all four classes. It participated in numerous fund-raising efforts for various causes, including raising money for UNICEF and raising more than $500.00 for the Central New York Branch of the Make a Wish Foundation. During this past year the Club has also been involved in volunteer activities in conjunction with the Ithaca's OnSite volunteer service and with Cornell's Circle K Club. Activities by Club members have included, among many others, tutoring, working at local festivals, planting trees, and volunteering at Ithaca's Sciencenter. All in all the Ithaca High School Key Club is a group of high school students working towards a common goal: i.e., making a positive impact on the community in which they live. Their work and dedication clearly merit this commendation by the Tompkins County Legislature." 225 June 17, 2003 Kate Culpper, a senior, accepted the award on behalf of the club. Privilege of the Floor by Legislators Mr. Joseph, District No. 12 Legislator, wished Ithaca Journal reporter Dan Higgins best of luck in his new venture as financial reporter at the Glens Falls Post. Mr. Proto, District No. 7 Legislator, responded to Ms. Gougakis inquiry on the jet ski issue, and said the Water Resources Council met on June 16 and presented a final draft report. This report will be resubmitted to the Planning, Development and Environmental Quality Committee and has no substantive changes. Following Committee review it will be brought forward to the full Legislature. Mr. Proto then reported on grants that had been applied for by the Soil and Water Conservation District (SWCD), some of which have been received. One grant received for the Chesapeake Bay Watershed was in the amount of $100,000, a portion of which will come to the County. Mr. Proto commended Mr. Schutt, SWCD manager, and other members on the Water Resource Council for their efforts. Mr. Todd, District No. 6 Legislator, spoke of a call he received from a constituent inquiring about the possibility of raising revenue through an Off -Track Betting (OTB) facility. He has referred the matter to Mr. Whicher, County Administrator, who is obtaining information from surrounding counties that presently have these facilities. Mr. Todd said on July 8, 2003, a representative of OTB will meet with County personnel to discuss this matter further and requested that the Legislators remain neutral until all information is reviewed. Preliminary figures compiled indicate the potential of several hundred thousand dollars from this source. Mr. Penniman said the OTB representative would be at the Budget and Capital meeting on July 8, 2003, if enough interest were shown. Ms. Kiefer requested copies of revenue figures from other counties to review. Mr. Booth, District No. 3 Legislator, said he shares concern regarding the magnitude of the increase of TCAT bus fares and wished to remind the public that there are passes that can reduce the price. He then said that if the County had not merged the transportation systems that the County public transportation services would be below what they are today. Mr. Booth said something that raised the cost of operation is the enormous impact of two fatalities on cost of insurance for buses. Ms. Herrera, District No. 5 Legislator, announced receiving a fellowship for the John F. Kennedy School of Government at Harvard. She said the program which is designed for members of local government will assist her in becoming a more effective legislator. Ms. McBean, District No. 2 Legislator, spoke of the exciting events taking place in the County such as the unveiling of Dryden Time Square and the Ithaca Pride Rally that took place on the Commons in Ithaca and that she looks forward to more celebrations of this nature. She then expressed appreciation for the tourism grant that has assisted in promoting the Juneteenth Weekend that begins on Thursday, June 19. She explained that this event is a commemoration of the emancipation of slaves and that the theme is family reunion. Ms. McBean then commented on a news report of the release of numerous people of color that had been erroneously incarcerated in Texas. Mr. Proto spoke of the TCAT fares, stating that administration of the transportation facilities and Ithaca College will be discussing the feasibility of extending transportation services to a new housing development. He indicated that while it may appear students are not charged, a contribution from Ithaca College offsets the costs. Mr. Proto then reminded individuals of the Flag Day Celebration taking place at the park on Saturday, June 21, 2003. Mr. Lane, District No. 14 Legislator, spoke of the start of the local festival season and encouraged individuals to participate. He then spoke of the grants that assisted in making events possible such as the Commercial Center Revitalization and Beautification grants. 226 June 17, 2003 Ms. Blanchard, District No. 1 Legislator, spoke of the relationship between TCAT and Ithaca College, confirming that the college purchases the service. Presentation and Video: "It Just Takes All of Us" Jeff Furman, member of the Ithaca City School Board of Education, spoke of a newly developed program developed entitled "It Just Takes All of Us", stating that he strongly feels that educational success of youth is a community effort. He explained that he developed this program to meet the needs of many youth in the education system. He described how approximately twenty-five percent of the student population are not achieving at their education level, yet with funding for staff and supplies being limited due to budget constraints it has proved difficult to assist them. Subsequent to surveying administration and staff at the twelve schools of the district a plan was developed to bridge the gap. He described a goal of one thousand volunteer hours per month, asking two hundred -fifty individuals to offer four hours a month, a summer reading camp that will provide youth the instructional support needed to improve their skills, and requesting local restaurant owners to donate a meal to staff in appreciation of their efforts. With regard to incentives for volunteering, Mr. Furman said one local landlord offers a discounted rental fee to students who volunteer at the schools. A five-minute video developed by Mr. Furman with the assistance of local community members was shown to the Legislature. Mrs. Schuler arrived at this time. Ms. Robertson asked about dental care in the school, stating that budgetary cuts experienced by both the County and school eliminated this program. She asked if Mr. Furman was aware of how many students may be missing school due to oral health problems. Mr. Furman said seventy-five percent of students at Beverly J. Martin had not had any dental care, with some experiencing extreme dental concerns. He said that attempts are being made to address this problem. Ms. Robertson spoke of the Dental Case Management program through Department of Social Services started this May and the possibility of assisting some families. Mr. Proto commended Mr. Furman on this project and said he thought the collaborative volunteerism incentives were wonderful. Report from the Chair Mr. Joseph stated that he had attended a meeting in Albany earlier in the day with the Commissioners of Corrections to discuss the variances at the Public Safety Building. He said the information will be provided by Ms. Blanchard, Chair of the Public Safety Committee, later in the meeting. Report from the County Administrator Mr. Whicher reported that Dan Higgins, reporter for The Ithaca Journal, would be leaving the area and he thanked him for his honest reporting. He then spoke of a pending budget clean-up bill that will indicate adjustments to various programs. Mr. Whicher will provide information on these changes upon an analysis of the bill. Report from the County Attorney Mr. Wood did not have a report. Report from the Finance Director Mr. Squires reported next week the Budget and Capital Committee meeting will include a presentation of the County audit. An executive summary of the audit will be available June 18, 2003. He then said a meeting will be held on June 24, 2003, of the Tompkins Tobacco Asset Securitization Corporation in the Scott Heyman Conference Room. Mr. Squires reported that August 3 - 5, 2003, there 227 June 17, 2003 will be a summer conference of County Treasurers and Finance Officers in Ithaca. He reported that the first five months of sales tax revenue indicated that it is two percent below budget, representing approximately $400,000. He said that June's figures will be critical, noting that nationally retail sales have been sluggish. Additions of Resolution(s) to the Agenda On motion and duly seconded and unanimously adopted by voice vote, the following resolution was added to the agenda: In Support of S3055, Net Metering Legislation for New York State Withdrawal of Resolutions from the Agenda There were no resolutions withdrawn from the agenda. Resolution(s) Approved Under the Consent Agenda It was MOVED by Mr. Winch, seconded by Ms. Herrera, and unanimously adopted by voice vote, to approve the following resolutions under the Consent Agenda: RESOLUTION NO.128 - APPROVAL OF UPDATED BYLAWS FOR THE TOMPKINS COUNTY YOUTH SERVICES BOARD MOVED by Mr. Winch, seconded by Ms. Herrera, and unanimously adopted by voice vote, under the Consent Agenda. WHEREAS, the Tompkins County Youth Board's bylaws have been revised to reflect changes required by the New York State Office of Children and Family Services and updates requested by the members of the Youth Board, and WHEREAS, the names of the Tompkins County Youth Bureau and Board of Representatives were changed in the revised adopted Charter, now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, That the bylaws for the Tompkins County Youth Services Board be and hereby are approved, RESOLVED, further, That a copy of the revised bylaws shall be kept on file with the Clerk of the Legislature. SEQR ACTION: TYPE II -20 RESOLUTION NO. 129 - AUTHORIZATION TO EXECUTE A CONTRACT WITH POPLI CONSULTING ENGINEERS & SURVEYORS FOR CONSTRUCTION INSPECTION SERVICES — CR105, McLEAN- CORTLAND ROAD PHASE 1 RECONSTRUCTION MOVED by Mr. Winch, seconded by Ms. Herrera, and unanimously adopted by voice vote, under the Consent Agenda. WHEREAS, Resolution No. 13 of 2003 authorized an agreement with the State of New York whereby State and Federal sources will furnish 95 percent of the funding necessary for Phase 1 reconstruction of McLean -Cortland Road, and WHEREAS, Popli Consulting Engineers & Surveyors is qualified to provide construction inspection services for the McLean -Cortland Road reconstruction project and is also providing construction inspection services for the ongoing Tompkins County Bridge Painting Project, and 228 June 17, 2003 WHEREAS, Popli Consulting Engineers & Surveyors is one of 15 engineering consultants that New York State Department of Transportation (NYSDOT) has fully qualified and authorized for such work in the Tompkins County's region, and WHEREAS, County Highway Division staff has recommended Popli Consulting Engineers & Surveyors as best qualified to provide construction inspection services for the project and NYSDOT has approved this selection, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the County Administrator or his designee be and hereby is authorized to execute a contract with Popli Consulting Engineers & Surveyors of 555 Penbrooke Drive, Penfield, NY for construction inspection services in connection with the referenced project for an amount not to exceed $47,000, 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 the McLean -Cortland Road Reconstruction Capital Account (HZ 5103.59239.53.02). SEQR ACTION: TYPE II- 1 RESOLUTION NO. 130 - CONSENT TO ASSIGNMENT OF AGREEMENT FOR PAYMENT IN LIEU OF TAXES (PILOT) - ELLIS HOLLOW APARTMENTS MOVED by Mr. Winch, seconded by Ms. Herrera, and unanimously adopted by voice vote, under the Consent Agenda. WHEREAS, by Agreement dated November 20, 1973, amended June 22, 1994, the County approved payment in lieu of taxes under Section 125 of the Private Housing Law for senior housing, and WHEREAS, the original owner, Ellis Hollow Associates sold said housing known as Ellis Hollow Apartments to HOME PROPERTIES, L.P., in 2000, and WHEREAS, by Resolution No. 289 of 2000 the County approved the transfer of the PILOT Agreement to HOME PROPERTIES, L.P., and WHEREAS, Conifer Ellis Hollow Associates, LLC, is in the process of purchasing the property from HOME PROPERTIES, L.P., and WHEREAS, there appears to be no change in the use of the apartments for senior citizens and the Town of Ithaca has already approved of the transfer, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the County approve the assignment of the existing PILOT Agreement by HOME PROPERTIES, L.P., to Conifer Ellis Hollow Associates, LLC, RESOLVED, further, That the County Administrator is authorized to execute the assignment on behalf of the County of Tompkins, RESOLVED, further, That this resolution shall not be considered an extension or renewal of the original term of the PILOT Agreement. SEQR ACTION: TYPE II -20 RESOLUTION NO. 131- AUTHORIZATION FOR PUBLIC HEARING — TOMPKINS CORTLAND COMMUNITY COLLEGE OPERATING BUDGET — 2003-2004 MOVED by Mr. Winch, seconded by Ms. Herrera, 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 229 June 17, 2003 RESOLVED, on recommendation of the Budget and Capital Committee, That a public hearing be held on July 1, 2003 at 5:30 o'clock in the evening thereof in the Legislature's Chambers of the Tompkins County Courthouse, 320 North Tioga Street, Ithaca, New York, concerning the 2003-2004 operating budget request for Tompkins Cortland Community College. At such time and place all persons interested in the subject matter will be heard concerning the same, RESOLVED, further, That the Clerk of the Legislature be and hereby is directed to place such notice of public hearing in the official newspaper of Tompkins County. SEQR ACTION: TYPE II -20 RESOLUTION NO. 132 - AUTHORIZING 2003 FEDERAL SECTION 5307 GRANT - TOMPKINS CONSOLIDATED AREA TRANSIT (TCAT) MOVED by Mr. Winch, seconded by Ms. Herrera, and unanimously adopted by voice vote, under the Consent Agenda. WHEREAS, the Secretary of the United States Department of Transportation is authorized to make grants for mass transportation projects pursuant to Section 5307 of Chapter 53, Title 49 of the United States Code (formerly Section 9, Federal Transit Act of 1964), and WHEREAS, the County of Tompkins is the designated recipient of Section 5307 urban formula transit funds and will apply on behalf of 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 $660,042 to be used for operating assistance and capital projects for 2003 as approved by the Ithaca -Tompkins County Transportation Council and are included on the 2002-2006 Transportation Improvement Program, as amended, now therefore be it RESOLVED, on recommendation of the Budget and Capital Committee, That the Tompkins County Legislature 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 2003 Section 5307 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 TCAT to formally designate TCAT 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 TCAT as Grantee. SEQR ACTION: TYPE 11-20 RESOLUTION NO. 133 - AUTHORIZING 2003 FEDERAL SECTION 5309 GRANT - TOMPICINNS CONSOLIDATED AREA TRANSIT (TCAT) MOVED by Mr. Winch, seconded by Ms. Herrera, and unanimously adopted by voice vote, under the Consent Agenda. 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 230 June 17, 2003 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 $676,724 for the City Center Project, to design, renovate and replace passenger shelters and to provide ADA -compliant pedestrian amenities in Downtown Ithaca, and WHEREAS, the project was 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 Budget and Capital Committee, That the Tompkins County Legislature 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 2003 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 TCAT to formally designate TCAT 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 TCAT as Grantee. SEQR ACTION: TYPE 11-20 Appointment(s) Approved Under the Consent Agenda It was moved by Mr. Winch, seconded by Ms. Herrera, and unanimously adopted by voice vote, to approve the following appointment(s) under the Consent Agenda: Personal Emergency Response Service Advisory Committee Nancy Schuler - County Legislator; term expires December 31, 2003 Greater Ithaca Activities Center Board Martha Robertson - County Legislator; term expires December 31, 2003 STOP -DWI Advisory Board Betty Powell - At -large representative; term expires December 31, 2003 James M. Steinmetz - Village Police Department representative; term expires December 31, 2005 Charles E. Howard - At -large representative; term expires December 31, 2005 Laura Barnhill - District Attorney representative; term expires December 31, 2005 Patricia Buechel - Probation Department representative; term expires December 31, 2005 Report from the Health and Human Services Committee Ms. Robertson, Chair, reported the Committee met on June 4, 2003, and will meet next on June 19, 2003, and that the subject of housing will be the main topic of discussion. She encouraged members of the Legislature to attend this meeting, which will provide an opportunity to hear from a wide variety of people who address housing and homelessness in Tompkins County. She reported that at the June 4th meeting Ms. Owens from the food distribution network for the County gave a presentation. Ms. Robertson reported that due to reduced funding and better packaging there is not as much surplus food available to donate. Last year families were able to receive a five day supply of food to carry them compared to a three-day supply this year. She said that $38,000 provided by the County will not carry the 231 June 17, 2003 pantries as far as it did last year. Eight of the fourteen pantries have already exhausted the County funds with others expecting these funds to be used by July. In 2002 the funds from the County carried the pantries through the month of October. She also stated that many families eligible do not apply for food stamps due to a perceived stigma in using them and/or the extensive paperwork required for a small benefit. Ms. Robertson said the Committee received an update on the COMPASS II report that is presently being completed by the Human Services Coalition. This report is expected to be available in late August. She said the Committee also received a report on youth services and the Recreation Partnership. The July 17, 2003, meeting of the Committee will include a full discussion on the Recreation Partnership. She then said Mr. Lane brought to the Committee information regarding the possibility of a local law concerning the Indoor Clean Air Act that would match the State law. Ms. Cole, Public Health Director spoke strongly in support of the measure. Ms. Robertson reported a joint meeting will take place on June 18, 2003, with the Consumer and Community Affairs Committee to act upon the Local Law. Report from the Public Safety Committee Ms. Blanchard, Chair, reported the Committee met June 5, 2003, and discussed the reconfiguration of Alternative to Incarceration, Community Justice, and Domestic Violence programs. The Committee heard from each program area in some depth and events that led to new initiative that will take place at the end of the year, the Integrated Domestic Violence Court. This initiative is based on the idea of one family/one judge, allowing a single judge to hear all court -related matters that also involve domestic violence within a family and it is believed that this approach will provide more informed judicial decisions. Members of the Legislature will be provided a written outline of this initiative. She then said various Department of Probation staff provided detail presentations of a variety of programs including the Reduced Incarceration Community Service (RIC) program, Service Work Alternative Program (SWAP), the Felony and City Drug Courts, intensive supervision program, and electronic monitor program. Ms. Blanchard said that the information sessions the Committee has seen are informative and will develop a booklet that summarizes the information. The Committee will meet next on June 19, 2003, at the Public Safety Building, with the consultants Jacobs Facilities. At this meeting there will be a tour of a civil portion of the building and discussions concerning inmate populations and space requirements. Ms. Blanchard then reported on the meeting held earlier in the day with the Commission of Corrections in Albany. At this meeting held with the Commissioners the County was informed that while the fact that the Commission supports Alternatives to Incarceration programs, the variances are meant to be temporary and cannot continue. They requested information on what the County was doing with the Public Safety Building to resolve the occupancy issues and was informed of the studies taking place. Members of the Commission then reviewed the information, suggesting ways to collapse the County's project schedule as well as how to work with additional temporary space in building. Ms. Blanchard said the County was informed that variances are usually 5-10 percent of capacity needs and that at the present time the County's is 40 percent. The Commission of Corrections then approved a six-month extension of the variances with the caveat for their staff offer to come and work to see if any spaces that could be temporarily converted to accommodate the County need. The next meeting with the Commissioner of Corrections will be in December 2003, and it is felt that unless there is a significant change the County will no longer be granted the variances. A brief discussion then occurred regarding the cost and logistical process involved if these variances are removed. Sheriff Meskill said that the inmate population that exceeds the approved maximum capacity would have to be boarded out at a separate facility. He said that it is difficult to determine the cost of this service as it would depend on the actual number of inmates at any given time, a figure that is unknown. Mrs. Schuler asked if the Commissioners were aware of the financial situation the County is facing and was informed that while the Commissioners were aware they felt it was not the relevant issue. Mr. Penniman noted that Mr. Meskill will have the difficult task of estimating the cost of boarding out inmates in the event the County does not have an extension on the variances or temporary solution. Mr. Lane said that an idea of the cost to board inmates needs to be determined in order to determine how much more of a gap there may be in the budget. Mr. Meskill said it could be as much as the cost of 40 - 45 inmates at $75 per day, however it is only an estimate as it is not 232 June 17, 2003 certain how many inmates will be remanded to the facility. Ms. Blanchard said that the Public Safety Building project encompasses more than just the jail, that it is a question of serious building maintenance as well. She feels that the County needs to take time to make the best choices for the facility. Report and Presentation of Resolution(s) from the Facilities and Infrastructure Committee Mr. Booth, Chair, said the Committee met on June 10, and will meet next on June 24. At the meeting held Committee members were notified of the highway tour on July 10, 2003, that will provide a first-hand view of the County infrastructure and bridges. The Committee also heard a report from Taitem Engineers regarding the recent energy study of County facilities. This study reviewed areas that would provide low-cost or no -cost means to conserve energy. Mr. Booth said the study indicated a potential ten percent reduction in the current utility bill if all recommendations are undertaken. He said although there is some funding to implement these recommendations it would require acquisition of funds in 2004 to fully realize the savings. Mr. Booth said that Committee members indicated interest in continuing to seek energy savings within the facilities, recognizing that it would require expenditures to replace or improve equipment in order to realize a greater savings. He then reported that Mr. Squires attended and reported on the operation of the highway fund, providing a description of how this State mandated fund functions. RESOLUTION NO. 134 - APPROPRIATION FROM COUNTY ROAD FUND BALANCE - 2002 SURPLUS FUNDS MOVED by Mr. Booth, seconded by Ms. Robertson. A short roll call resulted as follows: Ayes - 15, Noes - 0. RESOLUTION ADOPTED. WHEREAS, the County Road Fund has been certified by the Director of Finance to have unspent appropriations and excess revenue from 2002 resulting in a surplus on the County's books as of December 31, 2002, and WHEREAS, the end of year County Road Fund Balance for 2002 was $122,589, and WHEREAS, the County Road Target Fund Balance for 2002 was $64,631, and WHEREAS, the County Road Fund Balance has an excess in the amount of $57,958, and WHEREAS, pursuant to County Fiscal Policy, surplus funds may be requested for use in the current or following year budget, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure and Budget and Capital Committees, That the following transactions are approved: Budget Appropriation: FROM: D599.0000 County Road Fund Balance $ 57,958 TO: D5110.51200 Overtime Pay $ 57,958 SEQR ACTION: TYPE II -20 RESOLUTION NO. 135 - APPROPRIATION FROM HIGHWAY MACHINERY FUND BALANCE — 2002 SURPLUS FUNDS MOVED by Mr. Booth, seconded by Mr. Penniman. Ms. Kiefer said she will not support this resolution at this time as the amount requested exceeds the estimated deficit. A short roll call vote resulted as follows: Ayes - 14, Noes - 1 (Legislator Kiefer). RESOLUTION ADOPTED. WHEREAS, the Highway Machinery Fund has been certified by the Director of Finance to have unspent appropriations and excess revenue from 2002 resulting in a surplus on the County's books as of December 31, 2002, and WHEREAS, the end of year DM Fund Balance for 2002 was $101,036, and WHEREAS, the DM target fund balance for 2002 was $42,837, and WHEREAS, the DM Fund Balance has an excess in the amount of $58,199, and 233 June 17, 2003 WHEREAS, pursuant to County Fiscal Policy, surplus funds may be requested for use in the current or following year budget, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure and Budget and Capital Committees, That the following transactions are approved: Budget Appropriation: FROM: DM0599.0000 Highway Machinery Fund Balance $58,199 TO: DM5130.54306 Automotive Supplies $58,199 SEQR ACTION: TYPE II -20 Report from the Consumer and Community Affairs Committee Ms. Kiefer, Chair, said the next meeting of the Committee will be on June 18, 2003. At that meeting the Committee will hear from Tompkins Community Action and the Dewitt Historical Society. The meeting will also include a continuation of the discussion of the structure of the County Historian position and the direction it should take. At four o'clock a joint meeting will be held with the Health and Human Services Committee to discuss smoking -control legislation. Report and Presentation of Resolution(s) from the Government Operations Committee Mr. Koplinka-Loehr, Chair, said the Committee met on June 12, 2003 and reviewed the County State Environmental Quality Review policy and will be bringing the results of discussions to the full Legislature for consideration. He indicated there are minor changes in the policy portion and did not recommend any revisions in the procedural portion. Mr. Koplinka-Loehr said the Committee met with members of the Assessment Department to discuss annual assessments versus reassessment every three years or more. Upon review of information received it was felt by the Committee to continue the process of annual assessments. Last, Mr. Koplinka-Loehr said there were three personnel matters discussed at the Committee: (1) the annual evaluation of the Administrator has started, (2) a reclassification within the Health Department, and (3) all County employees whose positions were eliminated due to cuts have been placed in positions elsewhere within County government or in other positions within the County. RESOLUTION NO. 136 - APPROPRIATION FROM CONTINGENT FUND TO UPDATE COUNTY CHARTER AND CODE MOVED by Mr. Koplinka-Loehr, seconded by Mr. Booth. A short roll call vote resulted as follows: Ayes - 15, Noes - 0. RESOLUTION ADOPTED. WHEREAS, the County Attorney's Office has received a bill from General Code Publishers in the amount of $3,519.63 for updating of the County Charter and Code, and WHEREAS, funding was set aside in the Contingent Fund for payment of this anticipated expense, 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 appropriation on his books for 2003: From: A1990.54400 Contingent Fund $ 3,000 To: A1420.54442 Professional Services $ 3,000 SEQR ACTION: TYPE II -20 Report and Presentation of Resolutions from the Planning. Development, and Environmental Quality Committee Mr. Lane, Chair, said the Committee met twice since the last meeting. During the regular meeting the Committee was provided a presentation by Ms. Hackett of the Planning Department and 234 June 17, 2003 fellow Legislator Mr. Proto, Chair of the Water Resources Council, regarding the Tompkins County aquifers prioritization study. This report ranked the aquifers in a variety of ways including population and potential for growth and prioritized the County aquifers to study in further detail. This study will be used to craft a proposal to speak to towns on how to progress with the study of the aquifers. Also at the meeting Mr. Lane reported that Ms. Giordano from the local Workforce Development office provided information regarding the funding structure and its operations. Ms. Giordano spoke of the many program offerings, grants received, and the fact that many of the grants do not provide for the costs of administration of them. He said the lack of funds for the administration through the grants creates a dilemma for this office and that the County will need to carefully review how to provide support needed to continue the vital services provided. RESOLUTION NO. 137— RESOLUTION IN SUPPORT OF 53055, NET METERING LEGISLATION FOR NEW YORK STATE MOVED by Mr. Lane, seconded by Ms. Kiefer. A voice vote resulted as follows: Ayes - 15, Noes - 0. RESOLUTION ADOPTED. WHEREAS, in its "Climate Change 2001" report, the Intergovernmental Panel on Climate Change found increasing evidence of global warming and the negative consequences of greenhouse gases globally, including climate change, sea -level rise, loss of biodiversity, stratospheric ozone depletion, desertification, and declines in freshwater availability and air quality, and WHEREAS, nationally, the electricity industry is the largest single source of greenhouse -gas emissions, generating electricity from fossil fuels that contribute carbon dioxide, sulfur dioxide, nitrogen oxides, and mercury into the atmosphere, and WHEREAS, alternatives to fossil -fuel generation, such as solar, wind, and biomass, are becoming increasingly viable, and would help to significantly reduce the greenhouse -gas emissions from electricity generation, and WHEREAS, "net metering" refers to the method of keeping track of the electric energy consumed or produced at a home, business, or institution that has its own renewable energy source and under which excess electricity produced by the home, business, or institution will spin the existing electric meter backwards, effectively crediting the generator for electricity contributed to the grid, and WHEREAS, current New York State law (Public Service Law section 66-j) requires net metering only for small (less than 10 kW) solar installations in a residence or commercial establishment, and WHEREAS, Governor Pataki supported the use of net metering for farm biomass and has been promoting the use of solar -generated electricity in government buildings and schools in New York State, and to this end the New York State Energy Research and Development Authority (NYSERDA) offers incentives for such installations, and WHEREAS, in 2001 Tompkins County installed a 146 kW photovoltaic system on the Tompkins County Public Library and is unable to benefit from current law, and WHEREAS, current New York State law, which restricts the application of net metering to small systems, is out of step with the Governor's initiative and fails to provide enough impetus to the installation of alternative energy systems of a size that could significantly reduce greenhouse -gas emissions, and WHEREAS, in contrast to S2054 and S3594, Senate Bill 3055 would specifically expand net metering to wind systems and wind/solar hybrid systems up to 250 kW, and solar installations up to 1000 kW (up from the current 10 kW), and would increase the limits on the amount of metered electricity that utilities have to purchase from one tenth of a percent to one percent of the utility's electric demand, providing incentives for the development of alternative energy systems, and WHEREAS, on June 11, 2003, the Tompkins County Environmental Management Council unanimously passed a resolution in support of Senate Bill 3055, now therefore be it RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee, That the Tompkins County Legislature urges the leadership of the State Senate to report S3055 out of the Energy and Telecommunications Committee, put it on the agenda, and pass the bill in the Senate. 235 SEQR ACTION: TYPE II -20 June 17, 2003 Report from the Budget and Capital Committee Mr. Penniman, Chair, said the Committee met on June 10, 2003. He reported in addition to the resolutions acted upon in the meeting that the Committee had received a report from Mr. Squires regarding payroll spending. Mr. Penniman said that although the payroll line appears to be following the budget it appears unlikely there will be a surplus in this area at the end of the year. He then reported that the TCAT capital budget was presented to the Committee and the July 7 TCAT meeting will address questions associated with it. He then said the Committee discussed the assigned counsel program and potential increases in expenses and that the matter is being forwarded to the Public Safety Committee to review and possibly consider utilizing public defenders as an alternative. Mr. Lane asked if the Committee will be taking up the issue of sales tax weekends. Mr. Penniman said that they are reviewing the matter and are looking into the possibility of dropping the sales tax on particular weekends throughout the year. Mr. Penniman said that while the state is providing the opportunity to drop the sales tax a resolution will be coming forth declining the offer. Report from the Communications Capital Projects Committee Ms. Blanchard, Chair, reported the next meeting of the Committee will be June 251 at 2:30 p.m. Report from the Space Needs and Location Committee Mr. Proto, Chair, said the Committee met on June 11 and covered a very extensive agenda. He reported that the Committee continues to work on refming standard working space for each department to set space standards for capital projects. He noted that while some standards exist this work will fill in gaps that are present. Mr. Proto spoke of the needs of three departments presently under review: the County Office for the Aging that is in need of 2,400 sq. ft., the Health Department, and Records Management. Mr. Proto said that the Office for the Aging is not ready to move at this time but is presently seeking viable locations for a move that is needed to accommodate the needs of the court system. He said with regard to the Health Department discussions are continuing to determine whether the needs of clients would best be served to relocate the department, however a large concern is parking availability. The records management facility need is being reviewed and a tour of the present facilities is being scheduled in July. It is hoped that records management portion will expand to provide for a research center in the future. Mr. Proto then spoke of the facilities analysis that is ongoing, noting that parking space is a priority item. It was noted that while shuttle services may be utilized, access to vehicles in the event of an emergency needs to be taken into consideration. Mr. Proto noted that provided parking is a service, not a requirement and all aspects of land utilization are being taken into consideration. Mr. Proto said the Committee meets next on July 9, 2003. Ms. Robertson inquired whether the standardization of space would apply to the public safety building and if it will be utilized in the Jacobs study. Mr. Proto said his Committee should be kept informed of the status of this work. Approval of Minutes of May 20 and June 3. 2003 It was MOVED by Mr. Proto, seconded by Mr. Booth, and unanimously adopted by voice vote, to approve the minutes of May 20 and June 3, 2003 as submitted. MINUTES APPROVED. Adjournment On motion the meeting adjourned at 7:34 p.m. 236 July 1, 2003 Regular Meeting Public Hearing - 2003-2004 Operating Budget Request for Tompkins Cortland Community College Chair Joseph called the public hearing to order at 5:30 p.m. concerning the 2003-2004 Operating Budget Request for Tompkins Cortland Community College. 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. Called to Order Mr. Joseph called the meeting to order 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: 13 Legislators. Excused: 2 (Legislators Booth and Penniman). Privilege of the Floor by the Public Doug McEver, Member of the Tompkins County Water Resources Council, Cayuga Lake Watershed, and Lansing Town Board, spoke of the ordinances concerning watercraft on Cayuga Lake to be proposed and expected to pass at Municipal Board meetings in the near future. Mr. McEver said a committee was formed, comprised of members from the Towns of Ulysses, Town and City of Ithaca, and the Town and Village of Lansing. This committee reviewed information and suggestions from the Water Resources Council and other appropriate committees and developed ordinances regarding watercraft on the lake. It is expected that these ordinances will be passed by August of this year and will go into effect in April, 2003. The ordinances will utilize a portion of any fmes to assist in covering the cost of increased hours and enforcement. Mr. McEver said the committee will continue meeting to discuss appropriate fines for infractions. Fay Gougakis, City of Ithaca resident, spoke of jet skis on the lake, indicating that she would like to see them eliminated entirely. She then spoke of the basketball hoop at the municipal pool and how she views it as inappropriate to have it at that site as it inhibits the use of the pool to swim laps for exercise. Ms. Gougakis asked Ms. Herrera, District No. 5 Legislator, to assist in efforts to increase awareness of the local dog -barking ordinance. Privilege of the Floor by Legislators Mr. Proto, District No. 7 Legislator, spoke of the pending personal watercraft ordinances soon to be presented to municipalities, and said he was glad municipalities have come up with ordinances they are willing to share. He noted each municipality may adopt slightly different ones. He commended the members of the Water Resource Council for their work in this issue. He said that there were three revisions of this report to date and that the final draft is expected to come before the Water Resources Council on July 23, 2003. Mr. Proto then reminded Legislature members of the July 7, 2003, Tompkins Consolidated Area Transit budget presentation taking place at 4 p.m. in the Beverly Livesay Conference Room. Ms. Blanchard, District No. 1 Legislator, asked for a clarification of the fmes that would result from violation of the personal watercraft ordinances. Mr. McEver explained the fines will be determined through review by appropriate court justices and that a portion will be earmarked to assist in the additional coverage required to enforce them. 237 July 1, 2003 Ms. Herrera, District No. 5 Legislator, responded to Ms. Gougakis' request for assistance, indicating that she would be willing to draft a document to be sent to the local media. Mr. Proto, District No. 7 Legislator, said that in the absence of Mr. Booth, Chair of the Facilities and Infrastructure Committee's would like to make an announcement that the fmal six historic markers will be erected in the Town of Caroline. These markers will include the Civilian Conservation Camp, the Trestle Bridge, as well as others. He invited members of the Legislature to see them. Report from the Chair Mr. Joseph, Chair, informed the Legislature of the PushBack meeting with State representatives in Albany on June 23, 2003. He said the group met first with a representative from Governor Pataki's office, Mr. Cape, First Deputy Director of the Division of Budget. Mr. Cape listened to the group's concerns regarding increased property taxes and the burden Medicaid is putting on counties. Mr. Cape and the PushBack members then discussed possible ways to reduce these burdens and the feasibility of swapping services to enable the cost of Medicaid to shift back to the State with the counties being able to take on the burden of services they would have control over. Mr. Joseph said that Mr. Cape was enthusiastic and said that public input is welcomed for future budget preparation. Following this meeting the group met with Mr. Robert Hotz, Director of the Office of Fiscal Studies, as Senator Bruno's representative. Mr. Joseph said the group again reiterated the comments shared with Mr. Cape. Mr. Hotz then spoke to the group about how the budget was developed and the reasons decisions were made. Mr. Hotz spoke of the raising of income taxes, noting an increase in income tax for high -earners is deductible on Federal income tax and that the end result was less of an increase. Mr. Joseph said that the information spoken of by Mr. Hotz was surprisingly close to the Fiscal Policy Institute recommendations and perspectives. Mr. Joseph then reported of his June 30, 2003, welcoming address to a group of four hundred individuals who came to Tompkins County to provide repair services to people who are disabled or disadvantaged within the community. The youth in this Christian -based organization pay to attend this camp with some of the funds then used for purchasing materials for the repairs. Mr. Joseph said the group is housed in Boynton Junior High School, and he was amazed at the logistical operation surrounding this project and likened the group to an army of builders. He spoke of the planning taking place prior to transporting to job sites and the coordination of efforts he viewed and commented on the wonderful task being done. Mr. Winch said he was a trouble-shooter for the group, reviewing the work of five sites. He said the total number of volunteers is 407 with 360 being youth. He said 58 sites throughout the County are being repaired by this group. Mr. Winch spoke of the distances the youth have traveled, saying he met youth from Wisconsin, Connecticut, North Carolina and Maryland. Mr. Winch reported the group is already booked for 2004 and is reviewing applications for 2005 and was brought to this county through the efforts of Better Housing for Tompkins County. He thanked Bob Hunt and Stacy Crawford of Better Housing for Tompkins County for their efforts. Report from the County Administrator Mr. Whicher, County Administrator, reported that the search process for a new Department of Social Services Commissioner is progressing well. He said fifty-two applications have been received and at this time ten will be selected to continue the review process. Mr. Whicher said these ten will be asked to provide written responses to a variety of questions to assist in making determinations. Report from the County Attorney Mr. Wood, County Attorney, did not have a report. 238 July 1, 2003 Report from the Finance Director Mr. Squires, Finance Director, reported that the City of Ithaca has declined to approve the proposed Clothing Sales Tax Exemption holiday in August. Additions of Resolution(s) to the Agenda There were no resolutions added to the agenda. Withdrawal of Resolution(s) from the Agenda There were no resolutions withdrawn from the agenda. Resolution(s) Approved Under the Consent Agenda There were no resolutions presented under the Consent Agenda. Appointment(s) Approved Under the Consent Agenda It was moved by Mr. Koplinka-Loehr, seconded by Ms. Kiefer, and unanimously adopted by voice vote by members present, to approve the following appointment(s) under the Consent Agenda: Planning Advisory Board David A. Herrick - Infrastructure/Utilities representative; term expires December 31, 2004 Andrew Zepp - Land Preservation/Public Land representative; term expires December 31, 2005 Agriculture and Farmland Protection Board Jay Franklin - Assessment Director Designee; term coterminous with tenure in office Report and Presentation of Resolution(s) from the Communications Capital Projects Committee Ms. Blanchard, Chair, reported the Committee met on June 25, 2003. She said that there was no report on the Emergency Response Center Project as no action items were necessary, and suggested members drive by the construction area to view how well the project is going. Ms. Blanchard then reported that no news has been received regarding the State -Wide Network vendor at this time. She informed Legislators of the plan to utilize a dual -track for the communications project, bringing forth two separate projects in order to be prepared once the State makes a determination, or, in the event one is not made, to have a backup plan begun. One track will be the full 800 -mHz trunked radio project that would tie in with the State -Wide Network; the other track is the improvement and stabilization of the microwave network as well as improvements to paging. Ms. Blanchard reported next on the Department of Transportation Relocation Project in the Town of Dryden, saying a meeting took place where the final draft Memorandum of Understanding was presented. She said the final draft will be distributed to the members of the Communications Capital Projects Committee and it is anticipated that a resolution authorizing the County Administrator to sign the agreement will be reviewed and voted upon at 4:30 p.m. in the Courthouse Conference Room prior to the July 15, 2003 Legislative meeting. RESOLUTION NO. 138 - AUTHORIZING THE COUNTY ADMINISTRATOR TO ENTER INTO AN AMENDED AGREEMENT FOR THE PUBLIC SAFETY COMMUNICATION PROJECT MOVED by Ms. Blanchard, seconded by Ms. Robertson. Ms. Blanchard said the resolution allows the purchase of items required to make the building operational and is being requested as the continuation of the process from the previously approved resolution for bonding. She also noted the request is for an amount lower than the amount requested under the bonding approval resolution. 239 July 1, 2003 Mr. Proto disclosed his ownership of Motorola stock, noting that it is not a controlling interest and offered to withdraw from the vote if desired. There was no objection to Mr. Proto voting on the resolution. Ms. Kiefer inquired how the figure was derived and was informed by Mr. Whicher the refinement of specific items caused the figure to reduce. Mr. Wood, County Attorney, indicated he anticipates the figures to reduce further as the refinement process continues. A voice vote resulted as follows: Ayes - 13, Noes - 0, Excused - 2 (Legislators Booth and Penniman). RESOLUTION ADOPTED. WHEREAS, the County is proceeding to construct a new Emergency Response Center to consolidate countywide dispatching, provide adequate space for training and equipment maintenance, and serve as an Emergency Operations Center, and WHEREAS, the Center is a unique, specialized building designed to serve as the hub for public safety communications, and WHEREAS, the facility is not functional without furnishings and equipment, and without access to the existing communication system via a network link (e.g. microwave), and WHEREAS, the County has entered into a contract with Motorola to provide for consoles and console furniture and a microwave link into the existing communication system, and WHEREAS, amendments to the agreement are necessary to, among other things, allow for the construction of a communications tower at the Emergency Response Center and to make improvements at another existing tower site, and WHEREAS, funds for the services included in the amended agreement have been authorized by this Legislature, now therefore be it RESOLVED, on recommendation of the Communications Capital Projects Committee, That the County Administrator is hereby authorized to enter into an agreement with Motorola for an amount not to exceed $1,565,674.00 for consoles, console furniture, a microwave link and infrastructure improvements related to the Center's communication link needs. These funds shall be derived from the Public Safety Communication System capital project (Project No. 34.12) account No. HI3412-59239. SEQR ACTION: TYPE II -12 Report and Presentation of Resolution(sl from the Budget and Capital Committee Mrs. Schuler, Member, reported that the Committee met on June 24, 2003, and much of the work is reflected in the resolutions to be presented. She said a discussion held regarding Off Track Betting (OTB) generated a list of questions to be discussed at the next Committee meeting. Mrs. Schuler then reported on the discussion and vote on the sales tax exemption holidays resolution presented to the Committee indicating it did not pass, and noted the concern of what the City of Ithaca and other counties may choose to do. She said any revisit will need to come forward prior to July 16, 2003, in order to act within the timeframe required. Mrs. Schuler then reported on the annual audit report presented to the Committee by Mr. Patrick Jordan of Chiaschi, Dietershagen, Mickelson, and Little. Mr. Jordan reported there were no instances of noncompliance or internal -control weaknesses. Next year's audit will include GASB requirements that will have to be in place. The Committee also discussed mandate definitions and classifications. Mr. Lane expressed disappointment in the failure of the City and County resolutions regarding sales tax holidays. He feels the choice should come before the full Legislature for a vote and will bring it as an individual member -filed resolution to the July 15 meeting. Mr. Todd said he thinks the public should be made aware of the City's choice not to participate in the holiday sales tax exemptions. Mr. Proto then requested an update of the tobacco securitization corporation. Mr. Squires said that the corporation has a small fund balance and that the corporation's Board of Directors is seeking a way to assist the County. Mr. Joseph said the Board of Directors worked on the 2004 Budget and that $70,000 was budgeted to Tompkins County for use. He then explained that these funds are from the operating expenses budget and not a part of the settlement funds. 240 July 1, 2003 RESOLUTION NO. 139 - ADOPTION OF 2003-2004 OPERATING BUDGET - TOMPKINS CORTLAND COMMUNITY COLLEGE MOVED by Mrs. Schuler, seconded by Mr. Lane. Dr. Haynes, President of the Community College, explained that the budget did not call for an increase in local share. He said the reinstatement of New York State funding allows the college to maintain the present budget. Dr. Haynes reported that the rental aid provided by the State has been cut, which is aid for the cost of facility rental for educational outreach. He informed the Legislature that the modest increase in tuition, combined with the increased enrollment was thought to be sufficient to cover any reduction in aid at this time. Dr. Haynes then explained that the budget allows the addition for six full-time positions as well as minor increases in specific positions for administrative and support staff. Also increased is the equipment line to provide adequately for classroom instruction. Mr. Totman inquired how the budget could be determined when specific contracts have not been fully negotiated. Dr. Haynes indicated it was done through estimates that were felt to be adequate. A voice vote resulted as follows: Ayes - 13, Noes - 0, Excused - 2 (Legislators Booth and Penniman). RESOLUTION ADOPTED. WHEREAS, a proposed operating budget for Tompkins Cortland Community College for the fiscal year September 1, 2003, through August 31, 2004, has been presented to the Legislature of the County of Tompkins pursuant to County Law and Section 6306 of the Education Law, and WHEREAS, the Legislature has conducted a public hearing on said proposed budget on the 1s` of July 2003 and heard all persons wishing to comment, now therefore be it RESOLVED, on recommendation of the Budget and Capital Committee, That said proposed 2003-2004 operating budget in the amount of $22,580,000 of which the sponsoring two communities' contribution is in the amount of $3,431,250 be and the same hereby is approved, RESOLVED, further, That the Legislature of Tompkins County includes in the 2003 Tompkins County Budget an amount to be determined pursuant to the approved plan for said College in effect as of September 1, 2003 and that the amount when determined be raised by taxation in the County of Tompkins in the fiscal year 2004, 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. 140 - MODIFICATION OF THE 2002-2003 OPERATING BUDGET TOMPKINS CORTLAND COMMUNITY COLLEGE MOVED by Mrs. Schuler, seconded by Mr. Lane, and unanimously adopted by voice vote by members present. RESOLUTION ADOPTED. WHEREAS, a proposed operating budget for Tompkins Cortland Community College for the fiscal year September 1, 2002, through August 31, 2003, 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 16, 2002, 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 total expenditures will be increased by $261,745 to a modified level of $20,774,345, 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 2002-2003 Operating Budget in the amount of $20,774,345 of which the sponsoring communities contribution remains in the amount of $3,431,250 be and the same hereby is approved, 241 ,,mrtalSitnew,rx. ten July 1, 2003 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 from the Public Safety Committee Ms. Blanchard, Chair, reported that the Committee met on June 19, 2003, at the Public Safety Building with the consultants from Jacobs Facilities. At this meeting information on inmate populations and alternatives to incarceration was provided. The inmate populations were reviewed and a comparison was done of new information received over the past three years since the LaBella report. As a result of the review, the target population capacity is anticipated to be modified. A report will be forthcoming as a result of information discussed. Ms. Blanchard also said that a portion of the Scope of Work that reviewed the existing conditions of the Public Safety Building is completed should be complete and will be provided and shared with the Legislature. She also said that the Commission of Correction meeting was discussed and a determination to accelerate the Jacobs Facilities work was in order. Ms. Blanchard said it is hoped to move into Phase 2 of the project by the first of the year. She then reported that the July 3, 2003, meeting will include a discussion of a possible amendment to the contract with Jacobs Facilities to facilitate the acceleration. Ms. Kiefer inquired whether the acceleration will also accelerate the funding schedule for the project and was informed by Ms. Blanchard that it would require additional funding. Ms. Robertson inquired about the discrepancy in figures relating to the Felony Drug Court. Ms. Blanchard explained the original figures were provided by a staff member and thanked Ms. Robertson on her efforts to correct those figures. Ms. Blanchard said at the next meeting the Committee will hear a presentation on the District Attorney's program. Also, preliminary information will be heard on the issue that had been referred from the Budget and Capital Committee regarding public defender and assigned counsel costs. She then said the next meeting with Jacobs Facilities will take place on July 24, 2003. At that time a design workshop will be held which all Legislative members are invited to. Mr. Whicher reported that a meeting will take place on July 3, 2003, with the City of Ithaca to discuss centralized dispatch. Report and Presentation of Resolution(s) from Facilities and Infrastructure Committee Ms. Robertson, Vice Chair, reported that the Committee met on June 24, 2003. An update of the various highway projects was provided to the Committee. She said the $276,000 CHIPS funding that had been eliminated was reinstated under the new State budget, but as capital funds rather than operational. This change requires the funds to go toward projects with a life span of ten or more years. The Committee was informed that there are approximately fifty miles of roadway throughout the County still in need of repair. Ms. Robertson then said information was given regarding snow plowing operations throughout the County and the cooperation between the State, County, and municipalities in providing snow -plowing services. She spoke of the varied use of straight salt versus salt -sand mixtures and the State's requirement for salt only. She reported the County uses a synthetic compound, Ice Ban, combined with the salt. This product helps the salt to stay on the roadway longer and also assists in melting snow and ice at lower temperatures. Ms. Robertson then reported on the decisions made in stop sign placement throughout the highway and the factors reviewed to make an appropriate determination of placement. She said the Committee heard extensive information on culvert installation. The County process is to design the project, and once the owner purchases the culvert, to complete the work. By proceeding in this manner the County is able to maintain their right of way and assure the job is done in the proper manner. This past year eighty-four culverts were completed utilizing eight and one-half weeks of crew time. At this time the Highway Division is reviewing this process to determine the feasibility of outsourcing this work to reduce County costs and recover some crew time. The Committee meets next on July 8, 2003. Ms. Kiefer wished to clarify that the County policy is to use salt, but the County does not have a bare road 242 July 1, 2003 policy. Ms. Kiefer felt the matter requires further discussion and Ms. Robertson said that the Committee felt public education on appropriate driving on snow and ice covered roads would also be beneficial. RESOLUTION NO. 141— REDUCTION OF HOURS — FACILITIES DIVISION MAINTENANCE WORKER MOVED by Ms. Robertson, seconded by Mr. Winch. A voice vote resulted as follows: Ayes - 12, Noes - 1 (Legislator Herrera), Excused - 2 (Legislators Booth and Penniman). RESOLUTION ADOPTED. WHEREAS, the Division of Facilities has gone through a reorganization process which included the reduction of hours for the position of Maintenance Worker from 40.0 to 35.0 hours per week, and WHEREAS, it is the intention of the Facilities Division to make this change permanent, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the following position be decreased from 40.0 to 35.0 hours per week effective June 23, 2003: Maintenance Worker — labor grade 7 (G) — blue collar SEQR ACTION: TYPE II -20 Report from Consumer and Community Affairs Committee Ms. Kiefer, Chair, reported the Committee met on June 18, 2003. A presentation of Tompkins Community Action's (TCA) Early Childhood programs was provided to the Committee. TCA's programs include Primary School Family Support Program, Reading is Fundamental (RIF), Family Home Library (FHL), Summer Preschool Program, and Head Start. She said the Primary School Family Support Program assisted sixty families this past year. Ms. Kiefer said the Head Start program that serves three to five year-old children is the largest program and utilizes one-half of the total budget for TCA, and involves 60 of its 128 employee. She said TCA expressed a desire to expand the program to earlier ages but that funding does not make it possible at this time. Ms. Kiefer reported the Dewitt Historical Society provided an update of their present services, noting that they have reduced hours of operation this summer, which results in reduced income. She said the collections are having to be moved from the third floor to the first floor which is a cause for concern as the first floor will house several food establishments, a situation that can be detrimental to collections due to various factors associated with food operations. Ms. Kiefer said discussion regarding the structure of the County Historian position is continuing. The balance of the meeting was spent in a joint meeting with Health and Human Services Committee to discuss the public hearing resolution regarding the restricting of smoking in places of employment, restaurants, and taverns. The next meeting of the Committee will be on July 16, 2003. Report from Government Operations Committee Mr. Koplinka-Loehr, Chair, said the Committee has not met. He reminded Legislators of advisory board vacancies. The Committee with the least vacancies is Consumer and Community Affairs with one vacancy, and the most number of vacancies is within the Public Safety Committee and is due to the numerous advisory boards under this standing committee. Mr. Koplinka-Loehr reported he will be scheduling a meeting of the County Administrator performance evaluation subcommittee. Report from Planning, Development and Environmental Ouality Committee Mr. Lane, Chair, said the Committee did not meet since the last Legislative meeting. The next meeting is July 2, 2003. Report and Presentation of Resolution(s1 from Health and Human Services Committee 243 July 1, 2003 Ms. Robertson, Chair, reported the Committee met on June 19, 2003, and heard from a dozen agencies on the subject of housing and homelessness in Tompkins County. At the next meeting taking place on July 2, 2003, the discussion will continue and information from Lakeview Mental Health services and Ithaca Housing Authority will be provided. Ms. Dill, Executive Director of the Human Services Coalition, had reported that prior to the last meeting sixty individuals were in County shelters, and forty-five individuals were unsheltered and on the street. She noted usage of emergency shelters within the County has increased steadily since 1997 and is at its highest level since records have been kept over the past fifteen years. It was noted that the largest factor in homelessness is affordability of housing. Ms. Robertson said that Tompkins County has the highest rents, highest percentage of renters and the highest cost of owner -occupied housing of anywhere west of the Hudson Valley and the lowest vacancy rate, all of which increases rents. In addition, Tompkins County when compared to contiguous counties has the highest number of households earning less than ten thousand dollars, and also the highest poverty rates. Ms. Robertson said the report previously compiled in 1995 by Ms. Blanchard's Task Force will be reviewed so that work is not duplicated when looking for solutions to the problems of homelessness. RESOLUTION NO. 142 - AUTHORIZATION TO ACCEPT WHEELS FOR WORK II GRANT AND TO CONTRACT WITH CREDIT UNIONS TO UNDERWRITE NO -COST LOANS TO QUALIFYING CLIENTS — DEPARTMENT OF SOCIAL SERVICES MOVED by Ms. Robertson, seconded by Mrs. Schuler. Mr. Joseph disclosed that his wife works for the Alternatives Federal Credit Union, one of the organizations being contracted with. There was no objection to Mr. Joseph voting on the resolution. A voice vote resulted as follows: Ayes -13, Noes - 0, Excused - 2 (Legislators Booth and Penniman). RESOLUTION ADOPTED. WHEREAS, the Department of Social Services has been notified by the New York State Department of Labor's Welfare to Work Division that it has been awarded a Wheels for Work II grant in the amount of $103,500 to cover 100 percent of the cost of underwriting no -interest credit union loans to qualifying clients for the purchase and/or repair of a personal vehicle to either obtain or keep a job, and WHEREAS, such a program would provide an effective option for addressing a crucial obstacle to self-sufficiency, and WHEREAS, the Department's previous experience with this type of program during 2001 and 2002 using Wheels for Work I funds was very successful, now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, That the Department of Social Services is authorized to accept the grant and to contract with the Alternatives Federal Credit Union and the Cornell Fingerlakes Credit Union to issue and administer the aforementioned loans to individuals referred by the Department between July 1, 2003 and March 31, 2005, RESOLVED, further, That the Director of Finance is hereby authorized to make the following adjustment to the 2003 budget of the Department of Social Services: Appropriation: 6010.54442 Purchase of Services $103,500 Revenue: 6070.54610 Federal: TANF $103,500 SEQR ACTION: TYPE II -20 RESOLUTION NO. 143 - AUTHORIZATION OF A PUBLIC HEARING ON PROPOSED LOCAL LAW NO. 3 of 2003 - AMENDING SECTION 72 OF THE TOMPKINS COUNTY CODE - TO RESTRICT SMOKING IN PLACES OF EMPLOYMENT, RESTAURANTS, AND TAVERNS (Reconsidered and adopted July 15, 2003) 244 July 1, 2003 MOVED by Ms. Robertson, seconded by Mr. Winch. Ms. Robertson said the resolution came before Health and Human Services Committee a month ago and most recently to the Consumer and Community Affairs Committee. This was considered due to the pressure being placed at the State level to soften the State law and that although the law was not modified in the most recent State legislative session there is a possibility that the issue could reappear in the fall. Mr. Totman said he could not support this resolution as he feels the State regulation is sufficient. He feels strongly that it is an individual choice and that the legislation is inappropriate. Ms. Blanchard also indicated she could not support the resolution at this time as it would be redundant of State Legislation. Mr. Lane said he is supportive of passing the resolution and the law, as there is the strong possibility of modification at the next session of the State Legislature. He spoke of New York City's passage of a similar law, followed by Nassau and Westchester counties. He feels that if it were on the County's book and the State law changed it would maintain the regulations. Ms. Herrera said she would support the State law and in the event of legislation to soften the law she would support a local law at that time. Ms. Robertson indicated she wanted to respond to a letter in the local paper regarding individual choices when seeking employment in an establishment that allows smoking. She said that often an individual seeking employment is only able to obtain a position in such an establishment and may desire a smoke-free workplace. Ms. Kiefer said she supports the resolution as it is uncertain what the State may do in the fall session. She then addressed the public hearing aspect and said that the law is like the State law, however she would support the addition of "other dried vegetable matter" to the list of prohibited smoking material. Mr. Proto said he appreciated Ms. Kiefer's comment and would respond to the aspect of smoking and the impact of the proposed law at the time when the issue is put to a vote. Mr. Proto then said that he feels that it is leaving the County open to a lawsuit under Article 78 as it is an arbitrary and capricious act upon this law and did not feel the additional expense was warranted. He said he would not support the resolution. Mr. Lane disagreed with Mr. Proto, stating that it is a legislative enactment and is not arbitrary or capricious. Mr. Todd said he feels there is a certain amount of hypocrisy in this law as the State also collects revenue from the taxes on cigarettes. A voice vote resulted as follows: Ayes - 7 (Legislators Joseph, Kiefer, Koplinka-Loehr, Lane, Robertson, Schuler, and Winch), Noes - 6 (Legislators Blanchard, Herrera, McBean, Proto, Todd, and Totman), Excused - 2 (Legislators Booth and Penniman). RESOLUTION FAILED. WHEREAS, the County Legislature believes it will serve an important public purpose to reaffirm State legislation implementing smoking restriction designed to protect the health and safety of County residents, now therefore be it RESOLVED, on recommendation of the Consumer and Community Affairs and Health and Human Services Committees, That a public hearing be held before the Tompkins County Legislature in the Legislative Chambers of the Tompkins County Courthouse, 320 North Tioga Street, Ithaca, New York on July 15, 2003, at 5:30 o'clock in the evening thereof concerning proposed Local Law No. 3 of 2003, Amending Section 72 of the Tompkins County Code - To Restrict Smoking in Places of Employment, Restaurants, and Taverns. 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 Tompkins County Legislature is hereby authorized and directed to place proper notice of such public hearing in the official newspaper of the County. SEQR ACTION: TYPE II -20 Ms. Robertson said the next meeting will take place on July 2, 2003. Mrs. Schuler inquired about a letter to the editor appearing in the local paper concerning the lack of public rest rooms at the Department of Motor Vehicles. Mr. Whicher responded that the property owner has indicated that there is a possibility of opening up a bathroom facility at the end of the building. It would not cost any additional rental fee to do so and he will continue to review the situation. Mr. Whicher said part of the problem may be longer waits due to a staff shortage. 245 July 1, 2003 Report from Space Needs and Location Committee Mr. Proto, Chair, said the next meeting of the Committee is July 9, 2003, and will take place at the Old Library for a tour of the facilities. Approval of Minutes of June 17, 2003 It was MOVED by Mr. Proto, seconded by Mr. Winch, and unanimously adopted by voice vote by members present, to approve the minutes of June 17, 2003 as submitted. MINUTES APPROVED. Adjournment On motion the meeting adjourned at 6:59 p.m. 246 July 15, 2003 Regular Meeting Called to Order Mr. 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: 13 Legislators. Excused: 2 (Legislators Herrera and Koplinka-Loehr). Privilege of the Floor by the Public Carol Arsenault, Vice President of the Tompkins County Chapter of the Empire State Restaurant and Tavern Association, spoke concerning the New York State Clean Indoor Air Law. She stated Tompkins County is currently considering adopting a local law similar or identical to the New York State Law and feels this would be redundant. Ms. Arsenault said she is in disagreement with the new Legislation and with the County adopting a law of its own. Kenny Christianson, Chairman of the Environmental Management Council's Energy Committee, spoke to the Board in support of the Local Action Plan. He said the Plan is intended to reduce Greenhouse Gas Emissions for County government operations and urged Legislators to vote in support of it. Mr. Christianson said at the present time interest rates are very low and this may be a good time to think about phase II projects for energy reductions. Presentation of Distinguished Youth Award Mrs. Schuler, District No. 4 Legislator, presented Jeffrey Wayno, Ithaca High School Senior, with the Tompkins County Distinguished Youth Award. Mrs. Schuler spoke of Mr. Wayno's contributions to the community and to the school and stated he provides a wonderful example of the things energetic young people can do. Privilege of the Floor by Board Members Mr. Proto, District No. 7 Legislator, thanked everyone who attended the budget presentation for TCAT (Tompkins Consolidated Area Transit) held last week. He said all budget information has been disseminated and asked that any questions be directed to Legislator Blanchard or himself. Ms. Blanchard, District No. 1 Legislator, said she recently attended an interesting and informative presentation on the regional wastewater treatment project. She said discussions will take place in the coming months between the City of Ithaca, Towns of Ithaca and Dryden, and the Village and Town of Lansing. Ms. Blanchard said this is a very big and important part of economic development and she will distribute additional information to the full Legislature. Ms. Blanchard also reported that she and Mr. Totman serve on the Soil and Water Conservation District. This week the District learned Tompkins County will receive a $100,000 grant for the natural stream design project that will occur in Speedsville. She said this is the biggest grant awarded through the Chesapeake Small Watersheds program in New York State. Ms. Robertson, District No. 13 Legislator, spoke in regard to the Recreation Partnership discussion that was to take place on July 17 by the Health and Human Services Committee. She said that discussion has been rescheduled to take place on August 6 at 11:30 a.m. 247 July 15, 2003 Mrs. Schuler, District No. 4 Legislator, reported that she has distributed information to all Legislators on the West Nile Virus. Mr. Proto, District No. 7 Legislator, thanked everyone who participated in the American Cancer Society's Relay for Life that was recently held. He said the event raised approximately $200,000. Chair's Report Mr. Joseph spoke of two pieces of pending legislation in Albany. He stated NYSAC (New York State Association of Counties) has asked counties to express opposition to both. The first provides for binding arbitration for deputy sheriffs and corrections officers which this Board has already expressed opposition to. The other is legislation relates to providing a 20 -year retirement plan for corrections officers that is similar to the deputy sheriffs. He said he would write a letter stating Tompkins County's opposition to this action if this Legislature was in agreement with doing that. He stated NYSAC is arguing that the State now has 75 different pension plans and this one would be optional and could complicate the hiring process when counties have different plans. The Legislature did not oppose Mr. Joseph writing a letter expressing Tompkins County's opposition to both of these legislative bills. Mr. Joseph reported he will be going to Albany tomorrow with the County Administrator and Judge Marjorie Olds to meet with representatives of the State Parole system to discuss establishing a parole re-entry program in Tompkins County and obtaining State funding for that. Chair's Appointment(s) Mr. Joseph made the following appointments: Susan Cook as Chair of the Criminal Justice Advisory/Alternatives to Incarceration Board Sue Robinson as Vice Chair of the Criminal Justice Advisory/Alternatives to Incarceration Board Report from the County Administrator Mr. Whicher reported County Administration has started to tally budget requests from departments and they are very alarming. He stressed that 2004 will be an extremely difficult budget year because of increased mandate costs and the fact that many departments have run out of rollover funds. Report from the County Attorney Mr. Wilson, Assistant County Attorney, had no report. Report from the Finance Director Mr. Squires reported on preliminary second-quarter sales tax figures and said they are higher than last year, which reverses the trend that was occurring. He noted the County took in $1 million more than in June of 2002. He said the quarterly distribution for 2003 was $8.5 million for the second quarter, compared to $8.3 million for last year. This is good news and should bring the County back on target for the budget. Addition of Resolution(s) to the Agenda On motion of the appropriate committee chair, and duly seconded and unanimously adopted by voice vote by members present, the following resolution was added to the agenda: A Resolution Authorizing the Issuance of $800,000 Serial Bonds of the County of Tompkins, New York, to Pay the Cost of the Planning and Design of Improvement and Expansion of the County's Public Safety Building, in and for Said County 248 July 15, 2003 Withdrawal of Resolution(s) from the Agenda Chair Joseph gave the appropriate committee chair(s) permission to withdraw the following resolution(s) from the agenda: Revision of Administrative Manual Policy 01-33 - SEQR Policy Adoption of Revised Rules of the Tompkins County Legislature Approval of Resolution(s) and Appointment(s) Under the Consent Agenda It was MOVED by Mr. Booth, 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. 144 - AUTHORIZING SUPPLEMENTAL CONSULTANT AGREEMENT NO. 7 WITH C&S ENGINEERS, INC., FOR DESIGN AND ADMINISTRATIVE SERVICES IN CONNECTION WITH THE AIR RESCUE AND FIRE FIGHTING (ARFF) (CFR) BUILDING DOOR MODIFICATIONS AND AIRFIELD LIGHTING EQUIPMENT RELOCATION - ITHACA TOMPKINS REGIONAL AIRPORT MOVED by Mr. Booth, seconded by Ms. Robertson, and unanimously adopted by voice vote by members present, under the Consent Agenda. WHEREAS, the dimensions of the Airport Rescue and Fire Fighting (ARFF) vehicles currently being manufactured have rendered the door widths of the Air Rescue and Fire Fighting (CFR) Building too narrow, and WHEREAS, the airfield's electrical system, including its standby generator, needs to be upgraded and moved into the space allocated for it in the recent ARFF (CFR) Building Expansion, and WHEREAS, there is a need for design and administration services in relation to these projects, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That Supplemental Consultant Agreement No. 7 to our contract for General Airport Consultant Services with C&S Engineer, Inc., for design and administration services in the amount of $39,626 be approved, RESOLVED, further, That the budget for said design and administration services is as follows: FAA Share (90%) $35,663 State Share (5%) $ 1,981 Local Share (Airline Rates and Charges) (5%) $ 1,982 TOTAL $39,626 RESOLVED, further, That the local share shall be derived from the airport budget and that the Finance Director is authorized to advance payments for this work until reimbursement is received from the Federal Aviation Administration and New York State Department of Transportation. SEQR ACTION: TYPE II -2 Appointment(s) It was MOVED by Mr. Booth, seconded by Ms. Robertson, and unanimously adopted by voice vote by members present, to approve the following appointment(s) under the Consent Agenda: Agricultural and Farmland Protection Board Monika Roth - Agri -Business representative; term expires December 31, 2006 249 July 15, 2003 Environmental Management Council Ashley M. Miller - Seat #3 At -large; term expires December 31, 2003 Planning Advisory Board Thomas E. Gerow - At -large representative; term expires December 31, 2005 Soil and Water Conservation District Barbara Blanchard - County Legislature representative; term expires December 31, 2003 George Totman - County Legislature representative; term expires December 31, 2003 Community Mental Health Services Board Substance Abuse Subcommittee Nancy Zahler - Community Member; term expires December 31, 2004 Advisory Board on Indigent Representation Olan Mack - At -large representative; term expires December 31, 2005 Hillview Road Landfill Citizen's Advisory Committee Brian Eden - At -large representative; term expires December 31, 2004 Reconsideration of Resolution (July 1, 2003) RESOLUTION NO. 143 - AUTHORIZATION OF A PUBLIC HEARING ON PROPOSED LOCAL LAW NO. 3 of 2003 - AMENDING SECTION 72 OF THE TOMPKINS COUNTY CODE - TO RESTRICT SMOKING IN PLACES OF EMPLOYMENT, RESTAURANTS, AND TAVERNS It was MOVED by Mr. Penniman, seconded by Mrs. Schuler, to reconsider this Resolution. Mr. Proto challenged the motion to reconsider, stating what qualifies for reconsideration based on his interpretation of the Rules of the Board. Mr. Proto read the Rules of the Board Rule II — "No member shall be deemed necessarily absent unless prior to such absence she or he shall have been excused by the Chair. The Chair shall decide as to the sufficiency of the excuse, except that absence by reasons of performance of official duty for the County or any other official duty shall at all times be deemed a sufficient cause." Mr. Proto referred to Mr. Penniman's absence from the last meeting and stated unless the Chair officially excused him from the meeting, the motion to reconsider is inappropriate. Mr. Joseph said any time the roll is called and the Clerk announces that someone has asked to be excused, he has already approved the request to be excused. Mr. Joseph said Mr. Penniman was excused from the last meeting because of illness and he believes that is an acceptable reason to be excused. As Chair, Mr. Joseph ruled the motion to be in order; however, he acknowledged Mr. Proto's right to challenge the ruling of the Chair. Mr. Proto challenged the ruling of the Chair. Mr. Wilson, Assistant County Attorney, stated he does not believe this is an inappropriate ruling of the Chair. He said it is acceptable for the Chair to exercise his discretion in deciding the sufficiency of the excuse. Mr. Wilson said it is his opinion that the motion to reconsider by Mr. Penniman is valid. A roll call vote on whether the ruling of the Chair should be sustained resulted as follows: Ayes — 9 (Legislators Blanchard, Booth, Kiefer, Lane, McBean, Penniman, Robertson, Schuler, and Winch); Noes — 3 (Legislators Proto, Todd, and Totman). The Chair of the Legislature does not vote. Excused — 2 (Legislators Herrera and Koplinka-Loehr). THE RULING OF THE CHAIR WAS SUSTAINED. A voice vote on the motion to reconsider resulted as follows: Ayes — 11, Noes — 2 (Legislators Proto and McBean); Excused — 2 (Herrera and Koplinka-Loehr). MOTION CARRIED. 250 July 15, 2003 Mr. Lane stated he supports this Local Law and feels it should move forward to the public hearing stage so that members of the public can have the opportunity to speak in regard to smoking in the workplace. Mr. Totman said he does not see a need for Tompkins County to pass a law that is redundant of the State Law. He said this is dictating what residents of this County can and cannot do and does not believe that is what he was elected to do. Ms. Kiefer said she agrees that this may seem superfluous, however, she finds the State Legislature unpredictable to such an extent that she feels Mr. Lane's motion should be supported. Ms. Robertson said she supports this because of the public health value and as a measure of fairness to employees. She stated in terms of the redundancy issue, she feels this will communicate Tompkins County's feelings and send a strong message to the State that we would like the State Law to stand. She noted this resolution only allows a public hearing to be held. Mr. Proto said when this was discussed at the last meeting he stated he would reserve his comments until the actual Local Law is presented; however, he feels this is an unnecessary expense to the County. A voice vote on the resolution resulted as follows: Ayes — 8 (Legislators Booth, Joseph, Kiefer, Lane, Penniman, Robertson, Schuler, and Winch); Noes — 5 (Legislators Blanchard, McBean, Proto, Todd, and Totman); Excused — 2 (Legislators Herrera and Koplinka-Loehr). RESOLUTION ADOPTED. WHEREAS, the County Legislature believes it will serve an important public purpose to reaffirm State legislation implementing smoking restriction designed to protect the health and safety of County residents, now therefore be it RESOLVED, on recommendation of the Consumer and Community Affairs and Health and Human Services Committees, That a public hearing be held before the Tompkins County Legislature in the Legislative Chambers of the Tompkins County Courthouse, 320 North Tioga Street, Ithaca, New York on August 5, 2003, at 5:30 o'clock in the evening thereof concerning proposed Local Law No. 3 of 2003, Amending Section 72 of the Tompkins County Code - To Restrict Smoking in Places of Employment, Restaurants, and Taverns. 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 Tompkins County Legislature 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 Planning, Development and Environmental Quality Committee Mr. Lane, Chairman, reported the Committee met on July 2 and heard from Leni Hochman and Bill Myers of the Alternatives Federal Credit Union about the efforts by that organization to look at living -wage issues. Mr. Lane said they are looking at the possibility of some type of action by the Committee with respect to this issue. He said the Committee reviewed the Greenhouse Gas Emission Report, and said this will come before the Legislature at a future meeting. The Planning Department presented its annual report to the Committee for discussion and there was discussion about the possibility of reconfiguration of the Department to include the STOP -DWI program. Mr. Lane said the Committee also spoke with representatives of the Agricultural and Farmland Protection Board about that board and some of the work it does. There will be continued a discussion of the Board's operating procedures and converting them into standard bylaws. 251 July 15, 2003 Mr. Proto asked if the Planning, Development and Environmental Quality Committee would be inviting any other organization to discuss the living -wage issue. He expressed concern that there needs to be a broader look taken at the issue and asked that Mr. Lane consider contacting NYSAC. RESOLUTION NO. 145 - MAKING A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE IN RELATION TO RESOLUTION NO. 146 OF 2003 MOVED by Mr. Lane, seconded by Mr. Penniman. Mr. Proto raised a question in regard to the economic impact and whether or not it is part of the SEQR (State Environmental Quality Review) review. Ms. Kiefer said the environmental assessment form contains no specific question about economic impact other than Part II's growth -indexing impacts question. Mr. Booth said typically when an environmental impact statement is done where a negative declaration is not adopted, the EIS is supposed to look at economic considerations. He said this takes place only when the process moves over the threshold of doing an environmental impact statement. A voice vote resulted as follows: Ayes - 13, Noes - 0; Excused - 2 (Legislators Herrera and Koplinka-Loehr). RESOLUTION ADOPTED. WHEREAS, in Resolution No. 146 of 2003 the County adopts a Local Action Plan to reduce greenhouse gas emissions for County government operations, and WHEREAS, the Tompkins County Legislature 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, Development and Environmental Quality Committee, That Resolution No. 146 of 2003 is an unlisted action, RESOLVED, further, That the Tompkins County Legislature hereby makes a negative declaration of environmental significance in regard to Resolution No. 146 of 2003. SEQR ACTION: Unlisted (Short Environmental Assessment form is on file in Clerk's Office) RESOLUTION NO. 146 - ADOPTION OF THE LOCAL ACTION PLAN TO REDUCE GREENHOUSE GAS EMISSIONS FOR COUNTY GOVERNMENT OPERATIONS MOVED by Mr. Lane, seconded by Ms. McBean. Mr. Totman expressed opposition to investing any funds for this purpose at a difficult budget time. Mr. Lane said this is a plan to get away from facilities costs and something the County has wanted to do for a very long time. He said that often when there are budget cuts the Facilities Division suffers greatly. He said they always have to put off energy- saving programs and results in the County paying more money each year. Mr. Lane said this is a plan to start to get away from that. Mr. Booth said it is not unreasonable to assume the County could save ten percent of its $1 million energy cost for County buildings on an annual basis. Ms. Blanchard asked that the Public Works divisions and the Sheriffs Department be involved in whatever vehicle management plans are developed as a result of this. She said the TCAT buses are very efficient now and cut down on emissions greatly and will achieve emission reduction several years before it is required by the federal government. She asked if those reductions would be applied to these goals? Ms. Kiefer said this is a plan for County government operations only and TCAT is not a part of County government but a separate entity. However, the next phase will include the County as a whole and at that point TCAT would be included. Mr. Proto said he thinks it would be appropriate to incorporate these items into the overall look at space that is being discussed by the Space Needs and Location Committee. Mr. Proto said he does not think the County needs a plan like this to implement the proposal because the County could apply for 252 July 15, 2003 NYSERDA grants if they are needed in certain instances. The further concern he has is that this is a brand new program with a cost associated to it, even if the cost benefit may outweigh it. He doesn't think the full benefit of the solar panels at the Public Library as it relates to cost or economic benefit or environmental impact has yet been identified as it relates to cost. Mr. Proto referred to Mr. Christianson's comment earlier in the meeting about bond rates being low and if the County is going to proceed with this it should be evaluated as it relates to other County department's needs. Mr. Winch said he has been involved with the Facilities Division in excess of 15 years and all of the County's projects during his tenure to improve County facilities have looked at saving energy costs. He said this and previous efforts do reduce utility costs and emissions. It was MOVED by Ms. Blanchard, seconded by Mr. Booth, to change the word "adopt" to "accept" in the first Resolved. At the request of Ms. Kiefer, Mrs. Covert, Clerk of the Legislature, read the definitions of "accept" and "adopt". A voice vote on the amendment resulted as follows: Ayes — 6 (Legislators Blanchard, Booth, Proto, Robertson, Todd, and Totman); Noes — 7 (Legislators Joseph, Lane, Kiefer, McBean, Penniman, Schuler, and Winch); Excused — 2 (Legislators Herrera and Koplinka-Loehr). MOTION FAILED. A voice vote on the resolution as resulted as follows: Ayes - 10, Noes — 3 (Legislator Proto, Todd, and Totman); Excused - 2 (Legislators Herrera and Koplinka-Loehr). RESOLUTION ADOPTED. WHEREAS, local government actions taken to reduce greenhouse gas emissions and increase energy efficiency provide multiple local benefits by decreasing air pollution, reducing energy expenditures and saving money for county government, its businesses and its citizens; and WHEREAS, on April 4, 2001, Tompkins County adopted Resolution No. 69 to participate in the Cities for Climate Protection (CCP) Campaign, a project of the International Council on Local Environmental Initiatives (ICLEI), and WHEREAS, the CCP 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, in August 2002, Tompkins County reached Milestone 2 of the CCP Campaign by adopting the following reduction target: Tompkins County will, by 2008, reduce its emissions of greenhouse gases generated by county operations by 20 percent compared to the base year of 1998, and WHEREAS, in August 2002, Tompkins County pledged to develop a local action plan to achieve the emissions reduction target, and WHEREAS, this initiative by Tompkins County Government will be used as an example for community -wide efforts to reduce greenhouse gases as part of the next steps we are committed to take, and WHEREAS, on June 11, 2003, the Environmental Management Council unanimously adopted a resolution recommending that the Tompkins County Legislature adopt the Local Action Plan to Reduce Greenhouse Gas Emissions for County Government Operations (2003), now therefore be it 253 July 15, 2003 RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee, That the Tompkins County Legislature does hereby adopt the Local Action Plan to Reduce Greenhouse Gas Emissions for County Government Operations, RESOLVED, further, That the Tompkins County Legislature direct the County Administrator to advance the county government strategies as outlined in the Local Action Plan to Reduce Greenhouse Gas Emissions for County Government Operations, RESOLVED, further, That the Tompkins County Legislature consider devoting any cost savings towards implementing further energy efficiency measures. SEQR ACTION: Unlisted (Short Environmental Assessment Form is on file in the Clerk's Office) RESOLUTION NO. 147 - APPROVAL OF CONTRACT WITH TOMPKINS COUNTY AREA DEVELOPMENT FOR TOURISM CAPITAL GRANTS PROGRAM AND APPROPRIATION FROM THE ROOM TAX FUND BALANCE MOVED by Mr. Lane, seconded by Ms. McBean. A short roll call vote resulted as follows: Ayes — 13, Noes — 0, Excused — 2 (Legislators Herrera and Koplinka-Loehr). RESOLUTION ADOPTED. WHEREAS, the County has provided funding for tourism entirely from the Room Occupancy Tax account, and the County Legislature appoints members to the Strategic Tourism Planning Board (STPB) to make recommendations concerning expenditures from that account, and WHEREAS, the Tompkins County Legislature approved an increase in the Room Tax in 2001 to support the development of tourism products and attractions, among other objectives, including the funding of feasibility studies, seed money or funding for tourism capital projects, and WHEREAS, the Strategic Tourism Planning Board (STPB) also recognizes the need to encourage the development of tourism products and attractions through the Tourism Capital Projects Grant Program, in order to increase the tourism business in the County and to increase the income from the Room Occupancy tax, and WHEREAS, the STPB has recommended that Tompkins County Area Development (TCAD) administer the Tourism Capital Projects Grants process, and that the Planning, Development and Environmental Quality Committee has approved such recommendation at a previous meeting, and WHEREAS, STPB will be responsible for recommending grants from this Program to the Planning, Development and Environmental Quality Committee, and TCAD will administer the application process, will review and analyze the feasibility and economic impact of a project, and will provide oversight for each project, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality and Budget and Capital Committees, That $70,000 be appropriated from the Room Occupancy Fund Balance and added to the existing $20,000 budgeted in the Tourism Budget for the Capital Grants Program, RESOLVED, further, That the County Administrator or his designee is authorized to sign any related agreements with TCAD pertaining to this program, RESOLVED, further, That, of the total program amount of $90,000, $9,000 (10 percent of program expenditures) shall be paid to TCAD for administrative evaluation and oversight services, RESOLVED, further, That the Planning, Development and Environmental Quality Committee or its successor is authorized to recommend expenditures be made from this Program Account, with the understanding that such expenditures shall be subject to the approval by the Tompkins County Legislature, RESOLVED, further, That the Director of Finance be authorized and directed to make the following appropriation from the Room Tax Reserve: From: 0980.0000 Room Tax Reserve Fund Balance $70,000 To: 6475.54400 Program Expense $70,000 SEQR ACTION: TYPE II -20 254 July 15, 2003 Report from the Public Safety Committee Ms. Blanchard, Chair, reported the Committee met on July 3 and heard a presentation from the District Attorney. Mr. Dentes, explained the responsibilities of his office by walking the Committee through an actual case from the time the first police officer became involved through the appeal process following conviction. Robert Stolp, Assigned Council Coordinator, spoke to the Committee about a question that came up in the Budget and Capital Committee in regard to exploration of a public - defender's office. She said a survey is being conducted of other counties to obtain information and will be asking the NYSAC committee responsible for public safety to look at this issue as well. Also at that meeting, Mr. Shurtleff, Director of Emergency Response, asked and was granted approval by the Committee to apply for a $43,000 grant for a series of elements that will be connected with the County's Fire and Mutual Aid Plan. Ms. Blanchard said the Committee also heard a preliminary report on opening the Community Justice Center to certain categories of parolees. Ms. Blanchard announced the architectural design workshop for the Public Safety Building will be held on July 31 at noon at the Beverly Livesay Conference Room. Ms. Blanchard requested an executive session to discuss contract negotiations. Report and Presentation of Resolution(s) from the Facilities and Infrastructure Committee Mr. Booth, Chairman, reported the Committee met and discussed the annual reports for the Facilities and Highway divisions. Mr. Booth said last week a number of staff and legislators went on a tour of County road projects and learned about several aspects of the process that takes place. He stated it is evident that the County is behind on some maintenance projects and that the backlog is expanding because of budget and personnel shortages. He said information that explains the life cycle of road maintenance will be presented to the full Legislature. RESOLUTION NO. 148 - BUDGET ADJUSTMENT — VARIOUS DEPARTMENTS MOVED by Mr. Booth, seconded by Ms. Robertson, and unanimously adopted by voice vote by members present. RESOLVED, on recommendation of the Facilities and Infrastructure and Public Safety Committees, That the Director of Finance be directed to make the following budget adjustments on his books: FACILITIES AND INFRASTRUCTURE COMMITTEE Solid Waste Division (#26) Revenue Acct Title Amt CL8169.43989 Other Home/Community Services $42,000 CL8169.43989 Other Home/Community Services $ 500 Approp Acct CL8163.54358 CL8163.52206 CL8169.43989 Other Home/Community Services $10,000 CL8164.54442 Title(s) Recyclables Computer Equipment Professional Services Explanation: Additional funds needed to fund purchase of recyclable materials. Additional funds needed to purchase computer for Recycling Supervisor. Additional funds needed to pay Superior monthly curbside pickup payment. 255 PUBLIC SAFETY COMMITTEE Probation (#27) Revenue Acct Title 3989.42705 Gifts and Donations 3989.42705 Gifts and Donations July 15, 2003 3989.42705 Gifts and Donations 3989.42705 Gifts and Donations Amt $ 5,000 $ 1,763 $ 2,000 $ 1,719 Approp Acct 3989.54491 3989.54333 3989.54412 3989.54470 Explanation: Appropriation of remaining drug courts grant funds. Emergency Response (#29) Revenue Acct Title Amt Approp Acct 3410.43389 Other Public Safety $ 9,000 3410.54412 Explanation: Training development and exercises for Hazardous Materials Team. SEQR ACTION TYPE 11-20 Title(s) Sub -Contracts Education and Promotion Travel/Training Building Repairs Title(s) Training Report from the Consumer and Community Affairs Committee Ms. Kiefer, Chair, reported the Committee has not met since the last meeting of the Legislature. The next meeting will be July 16 at 2:30 p.m. At that time the Committee will talk with the Director of Weights and Measures about the 2002 annual report and will speak to the Board of Elections about the Help America Vote Act. Report from the Government Operations Committee Ms. McBean, Vice Chair, reported the Committee has not met since the last Legislature meeting. The next meeting will be August 14 at 2 p.m., with likely discussion of the Rules of the Tompkins County Legislature and Committees. Report and Presentation of Resolution(s) from the Budget and Capital Committee Mr. Penniman, Chair, reported the Committee met last week and other than the resolutions on the agenda, the Committee's main item was discussion of Off -Track Betting (OTB). Don Groth, President of OTB in the Catskill Region, made an interesting presentation on OTB operations and how successful they have been. Mr. Groth claimed to have one of the most efficient OTB operations in the nation. Mr. Penniman said the receipts from OTB range from $200,000 in Tioga County to $1.1 million in Broome County. Mr. Penniman reported at the next meeting the Committee will begin looking at preliminary 2004 budget figures and will hear from the Department of Social Services about significant increases in State - mandated services. He said another a topic that will be discussed at the next meeting is whether or not to release departmental budget requests to the Legislature prior to the County Administrator's recommendation being completed. Ms. Kiefer said she found it useful last year to have budget information earlier rather than waiting until after the County Administrator's recommendation is completed. RESOLUTION NO. 149 - AMENDMENT TO THE 2003-2007 CAPITAL PROGRAM AND CONTRACT AMENDMENT - PUBLIC SAFETY BUILDING RENOVATION MOVED by Mr. Penniman, seconded by Mr. Booth. Ms. Robertson clarified a point that was made in the explanation the Committee was presented with: "The County will not move forward with 256 July 15, 2003 construction until an agreed-upon plan is approved by the Legislature." She said this is one step and does not mean the Legislature has voted to do one specific thing. A voice vote resulted as follows: Ayes — 13, Noes — 0, Excused — 2 (Legislators Herrera and Koplinka-Loehr). RESOLUTION ADOPTED. WHEREAS, the County of Tompkins has an approved Capital Project in the 2003-2007 Capital Program in the amount of $5 million for renovation and improvements to the Public Safety Building, and WHEREAS, no funds were appropriated in the 2003-2007 Capital Program for the Public Safety Building renovation project, and • WHEREAS, residual funds from appropriations in the 2000-2004 and 2001-2005 Capital Programs enabled the Legislature by Resolution No. 86 of 2003 to authorize a contract in the amount of $90,000 with Jacobs Facilities, Inc., for conceptual design services for this project which services are now underway, and WHEREAS, the County wishes to accelerate the progress of this project in order to be in a better position to address space and general building needs in a timely fashion and to meet the requirements of the New York State Commission on Corrections, and WHEREAS, Jacobs Facilities, Inc., has provided a Scope of Work for services including the development of Preliminary through Schematic design that will result in plans for phased improvements to the building to address deficiencies as well as provide additional capacity in the jail, as may be necessary in the next 20-30 years, and WHEREAS, the cost of these services is $228,000, and WHEREAS, Jacobs Facilities, Inc., also outlined a fee schedule for development of a final design, development of bid documents, and release and award of bid for the first phase of building improvements at such time as the County makes a determination of what that phase should include, and WHEREAS, the cost of completing this additional work is estimated to be approximately $572,000, resulting in a total of $800,000, now therefore be it RESOLVED, on recommendation of the Public Safety and Budget and Capital Committees, That the 2003-2007 Capital Program be amended to provide funding in the 2003 budget for planning and design services and to provide the flexibility to accommodate additional planning and design services as the project progresses, RESOLVED, further, That the County Administrator be authorized and directed to amend the agreement with Jacobs Facilities, Inc., to include the Preliminary through Schematic phases of design as specified within this resolution, not to exceed $228,000, RESOLVED further, That the Finance Director is authorized to advance funds in connection with the project and prepare a bond resolution for approval by the Legislature. SEQR ACTION: TYPE II -20 RESOLUTION NO. 150 - AUTHORIZING THE ISSUANCE OF $800,000 SERIAL BONDS OF THE COUNTY OF TOMPKINS, NEW YORK, TO PAY THE COST OF THE PLANNING AND DESIGN OF IMPROVEMENT AND EXPANSION OF THE COUNTY'S PUBLIC SAFETY BUILDING, IN AND FOR SAID COUNTY MOVED by Mr. Penniman, seconded by Ms. McBean. Ms. Kiefer commented on language contained in the Whereases. She said she would like to amend the first Whereas to read: "WHEREAS, all conditions precedent to the financing of the capital project hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act "will be performed once a specific plan is chosen", and change the second Whereas to read: "WHEREAS, it is now desired to authorize the financing of such capital project so that the needed design can be accomplished, now therefore be it". She said she would like to distinguish between the construction and when there is a real plan there can be a real environmental analysis and that cannot happen yet. Mr. Wilson, Assistant County Attorney, said bonding counsel approved the language contained in the resolution. Mr. Joseph said what Ms. Kiefer is proposing changes the resolution. Currently, the 257 July 15, 2003 Whereas says the County has complied with SEQR as it applies to this resolution. He said the way Ms. Kiefer has suggested changing it does not make that statement false, but it says the County will comply with SEQR as needed when the project is carried out. He said these are two different statements that could easily be made. Mr. Penniman said he would like to leave the first Whereas the same and accept Ms. Kiefer's suggested wording for the second Whereas as friendly. There was discussion about whether bonding a project is an unlisted action that doesn't need the review, or is it tantamount to performing the project and therefore, a whole review would be needed. Mr. Joseph believes it has been determined that bonding is an unlisted action and the review is needed only to do the project. Mr. Booth said the County's bond counsel has presented language in this very complicated area of law and he believes this Legislature should approve the language as submitted. Mr. Squires said this issue comes up from time -to -time and said he would invite bond counsel to speak to the Legislature at a future meeting. Ms. Kiefer welcomes that suggestion. Ms. Kiefer noted that at a minimum this resolution needs to have appended that under SEQR it is an Unlisted Action. A roll call vote resulted as follows on the original resolution: Ayes — 13, Noes — 0. Excused —2 (Legislators Herrera and Koplinka-Loehr). RESOLUTION ADOPTED. WHEREAS, all conditions precedent to the financing of the capital project hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed, and WHEREAS, it is now desired to authorize the financing of such capital project, now therefore be it RESOLVED, by the Tompkins County Legislature of the County of Tompkins, New York, as follows: Section 1. For the specific object or purpose of paying the cost of the planning and design of improvement and expansion of the County's Public Safety Building, in and for said County, including incidental expenses in connection therewith, there are hereby authorized to be issued $800,000 serial bonds of said County of Tompkins, New York, 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 $800,000, and that the plan for the financing thereof is by the issuance of the $800,000 serial bonds of said County of Tompkins, New York, 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 five years, pursuant to subdivision 62 of paragraph a of Section 11.00 of the Local Finance Law. Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the County Director of Finance of the County of Tompkins, New York, 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 Director of Finance, 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. 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 its County Director of Finance and a facsimile of the corporate seal shall be imprinted or impressed thereon and attested by the manual or facsimile signature of its 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 Director of Finance of the County of Tompkins, New York, 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 258 July 15, 2003 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 said County Director of Finance shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 8. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the County of Tompkins, New York, by the facsimile signature of its County Director of Finance 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 its County Director of Finance. 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 Director of Finance of the County of Tompkins shall determine. Section 9. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said County is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit, or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 10. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Sections 1.150 - 2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 11. This resolution, which takes effect immediately, shall be published in full in the Ithaca Journal, the official newspaper of such County, together with a notice of the Clerk of the Tompkins County Legislature in substantially the form provided in Section 81.00 of the Local Finance Law. SEQR ACTION: TYPE II -20 Report from the Health and Human Services Committee Ms. Robertson, Chair, reported the Committee met on July 2nd and heard from Bill Rusen and Fran Spadafora Mandella from Cayuga Addiction Recovery Services about the services that program provides. She announced a new facility will be opened in October, 2004. They reported 90 percent of the clients in the residential facility are from outside Tompkins County and 99 percent of the clients involved in outpatient programs are residents of Tompkins County. Ms. Robertson said the Committee continued its discussion about housing and heard from Ed Marx, Planning Commissioner, who reported on both long- and short-term issues the County should focus on. One of the long-term issues is the needs of the aging population as the over -60 age group will increase by 30 percent by the year 2020. A short- term issue is the need for more single -room occupancies for individuals with mental-health issues. The Committee also heard from Brenda Westfall from the Ithaca Housing Authority which runs Titus Towers and subsidized housing units throughout the City of Ithaca. They also administer Section 8 vouchers. Ms. Robertson said to date, Titus Towers has been a facility for the elderly as well as people with disabilities. There has been a recent federal designation that future residents will only be accepted in the elderly category and they will not be accepting new residents who are not elderly. Lakeview Mental Health Services also spoke to the Committee about services that agency provides to individuals with a 259 July 15, 2003 mental-health diagnosis. They are working with the Community Mental Health Services Board and the Office of Mental Health at the State level on some new residences because the existing facilities are in need of being replaced. The Mutual Housing Association of Tompkins County also presented an overview to the Committee of services that agency provides. Ms. Robertson announced the Mutual Housing Association will be holding a community celebration at 512 Alice Miller Way on August 2 from 2 p.m. to 6 p.m. The next meeting will be July 17 at 9 a.m. Report and Presentation of Resolution(s) from the Communications Capital Project Committee Ms. Blanchard, Chair, reported the Committee met at 4:30 p.m. today. The next meeting will be July 23 at 2:30 p.m. RESOLUTION NO. 151 — AUTHORIZATION TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION REGARDING RELOCATION OF THE DEPARTMENT'S MAINTENANCE FACILITY MOVED by Ms. Blanchard, seconded by Mr. Booth. Mr. Lane said he has been assured that the County will proceed with negotiations with respect to the issue of tax sharing among the City of Ithaca, the Ithaca City School District, and Dryden. He said this project takes highly developable land off the tax roll in Dryden to allow the same amount of land to be developed in the City of Ithaca. Mr. Lane said this would be a good example of what tax sharing could be about. Ms. Blanchard said she learned today that the City of Ithaca Department of Economic Development is crafting a memo to the effect that these negotiations are on-going and that they are participating in them. She said the Town of Dryden is taking the initiative to bring this up with the school district. A voice vote resulted as follows: Ayes — 13, Noes — 0, Excused — 2 (Legislators Herrera and Koplinka-Loehr). 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, New York State Department of Transportation (NYSDOT) staff, the National Development Council, and municipal leaders have worked for many months to develop a plan and project that would meet the needs of NYSDOT, be financially viable, and be acceptable to the host municipality, and WHEREAS, a core feature of this plan is the Memorandum of Understanding (MOU) between Tompkins County and NYSDOT, dated July 15, 2003, that will serve as the foundation for detailed contractual arrangements for implementation of the plan and project, now therefore be it RESOLVED, on recommendation of the Communications Capital Projects Committee, That the County Administrator be and hereby is authorized to execute the Memorandum of Understanding on behalf of the County and prepare a capital project submission so that detailed contracts can be developed and project planning can move forward in a timely fashion. SEQR ACTION: TYPE II- 20 Report from the Space Needs and Location Committee Mr. Proto, Chairman, reported the Committee met on July 9 and toured the Old Library building. He commended Brooke Kominos with the work that has been done there. He said the Committee was joined by the County Historian as they are trying to locate space for that function. Mr. Proto said the Committee continues to be concerned and interested in the status of the Health Department and the Office 260 July 15, 2003 for the Aging. Mr. Marx, Planning Commissioner, will speak to the Committee about these space issues at the next meeting. Mr. Proto suggested that since this Legislature took action on the Local Action Plan for the reduction of greenhouse gases earlier this evening, that the Space Needs and Location Committee have that incorporated into its action plan for the remainder of the year. The next meeting will be August 13t. Approval of Minutes of July 1, 2003 It was MOVED by Ms. Robertson, seconded by Mr. Totman, and unanimously adopted by voice vote by members present, to approve the minutes of July 1, 2003 as submitted. MINUTES APPROVED. Individual Member -Filed Resolution RESOLUTION NO. 152 - ELECTING TEMPORARY EXEMPTIONS FROM SALES AND COMPENSATING USE TAXES FOR RECEIPTS FROM RETAIL SALES OF, AND CONSIDERATION GIVEN OR CONTRACTED TO BE GIVEN FOR, CERTAIN CLOTHING AND FOOTWEAR COSTING LESS THAN $110 MOVED by Mr. Lane, seconded by Mr. Winch. Mr. Lane said he brought this resolution forward because it did not pass the Budget and Capital Committee and he felt it is important that this be considered by the full Legislature. Mr. Lane said most counties have adopted these two one-week periods of sales tax exemption or are leaning in that direction. He spoke in favor of this action and said it offers relief to people when it is needed the most, keeps Tompkins County competitive with surrounding counties, and he doesn't believe there would be any substantial financial loss to the County. Ms. McBean relayed comments in Legislator Herrera's absence in support of passing these sales tax holidays. Ms. Kiefer said although she can understand how it might be useful for some people to save a small amount of money before school starts, she doesn't feel the holiday at the end of January makes sense. She stated that because of the difficult budget situation the County is in she cannot support this. It was stated that this was not approved by the City of Ithaca. A voice vote resulted as follows: Ayes - 9 (Legislators Lane, McBean, Proto, Penniman, Robertson, Schuler, Todd, Totman, and Winch); Noes - 4 (Legislators Blanchard, Booth, Joseph, and Kiefer); Excused - 2 (Legislators Herrera and Koplinka-Loehr). RESOLUTION ADOPTED. RESOLVED, That it be enacted by the Tompkins County Legislature as follows: Section One: Section six of Resolution No. 256A of 1966, as amended, is amended by adding a new subdivision f to read as follows: f. Receipts from sales of and consideration given or contracted to be given for purchases of clothing and footwear exempt from state sales and compensating use taxes pursuant to paragraph (30) of subdivision (a) of section 1115 of the New York Tax Law during the periods commencing August 26, 2003, and ending September 1, 2003, and commencing January 26, 2004, and ending February 1, 2004, shall also be exempt during such periods from sales and compensating use taxes imposed by this resolution. Section Two: This resolution shall take effect June 1, 2003, and shall apply during the applicable exemption periods in accordance with the applicable transitional provisions of Article 29 of the New York Tax Law; provided that this resolution and subdivision f of section 6 of Resolution No. 256A of 1966, as added by section one of this resolution shall expire May 31, 2004, and be deemed repealed. SEQR ACTION: TYPE II -20 Recess Mr. Joseph declared a recess from 7:41 p.m. to 7:50 p.m. 261 July 15, 2003 Executive Session It was MOVED by Ms. Blanchard, seconded by Mrs. Schuler, and unanimously adopted by voice vote by members present, to enter into executive session at 7:50 p.m. to discuss contract negotiations. The meeting returned to open session at 8:10 p.m. Adjournment On motion the meeting adjourned at 8:10 p.m. 262 August 5, 2003 Regular Meeting Public Hearing - Local Law No. 3 of 2003 - Amending Section 72 of the Tompkins County Code - To Restrict Smoking in Places of Employment. Restaurants, and Taverns Chair Joseph called the public hearing to order at 5:30 p.m. concerning proposed Local Law No. 3 of 2003 - Amending Section 72 of the Tompkins County Code - To Restrict Smoking in Places of Employment, Restaurants, and Taverns, and asked if anyone wished to speak. Alexandra Goncarovs, a youth representative of Reality Check, which is an anti -tobacco movement in New York State, spoke in support of Local Law No. 3 of 2003. She stated that smoking in indoor places provides a constant, supportive environment for people to continue smoking as well as influences non-smokers to start smoking. She said there are over 100 trillion cigarettes smoked each year that contain deadly chemicals that are inhaled into the smokers lungs and the lungs of non-smokers. Ms. Goncarovs said passive smoke kills 53,000 adults in the United States each year. This is in addition to the 400,000 smokers killed each year by tobacco. She urged the Legislature to support the proposed local law and said the Clean Indoor Air Act in New York State is a step towards a healthier community and will help decrease the number of people killed by smoke each year. Bibi Khalsa, 13 year-old Tompkins County resident, spoke in support of Local Law No. 3 of 2003. She said she does not like being in an environment where people are permitted to smoke. She said in restaurants where there is a designated smoking section she is still able to smell the smoke and it makes her sick. Caryl Arsenault, Tompkins County Empire State Restaurant and Tavern Association, said she feels Local Law No. 3 of 2003 is redundant of the State's Clean Indoor Act and does not believe the County should adopt it. She questioned what the dissimilarities are between the law being considered this evening and the State Law and whether the owner of an establishment could be charged by both the County and State for violations. Ms. Arsenaut said the terms of the State's law include a provision for filing for a waiver; however, when she inquired to the Health Department for this she was told a waiver does not exist. Ms. Arsenaut asked what businesses can do to deal with this new State law. Lenny Leonardo, tavern owner, spoke in opposition to Local Law No. 3 of 2003. He stated he has experienced a decline in business since the State adopted the Clean Indoor Air Act and questioned why the County would consider adopting a law that is already in effect at the State level. He said if the County is concerned about the State law being changed there would be time later to adopt a County law. Rich Leonardo, tavern owner, spoke in opposition to Local Law No. 3 of 2003. He stated he has experienced a decline in business since the New York State Clean Indoor Air Act was enacted. Mr. Leonardo said patrons now stand outside and litter the sidewalk with cigarette butts and expose passersby to second-hand smoke. He feels the adoption of this Act has only shifted the problem from one area to another. Joseph Leonardo, tavern owner, spoke in opposition to Local Law No. 3 of 2003. He stated he said he believes the issue is not a ban on smoking, it is a ban on the freedom of choice. Mr. Leonardo said hospitality businesses cater to their customers and if they did not want smoking they would make establishments non-smoking on their own. John O'Leary, owner of two taverns in the City of Ithaca, spoke in opposition to Local Law No. 3 of 2003. He stated if New York State changes the Clean Indoor Air Act, the County could enact its own law at that time. Mr. O'Leary said many college students are from several different ethnic backgrounds and countries and feels it will be very difficult to change them because of their culture. 263 August 5, 2003 Laura Cavin, Town of Newfield resident and City of Ithaca business -owner, spoke in opposition to Local Law No. 3 of 2003. She said she does not believe the Tompkins County Legislature should adopt a law that is identical to the New York State Indoor Clean Air Act. She also does not believe consideration of this law is a good use of legislator's time. Sonja Seamon, Tompkins County Restaurant and Tavern Association, said she concurs with the concerns made concerning Local Law No. 3 of 2003 and urged the Legislature not to support the law. Sherry Tomasky, American Cancer Society representative, spoke in support of Local Law No. 3 of 2003. She stated each year 350 people in Tompkins County are diagnosed with cancer and of those 150 die. She said more of those deaths are caused by lung cancer than any other type of cancer. Ms. Tomasky said the lung cancer rate in women in Tompkins County is 31 percent higher than in all of New York State. She said the presence of the State law that restricts smoking in worksites will help to alleviate that problem and if Tompkins County were to adopt this law, it would be a message by this Legislature to the State that the law is supported. Ms. Tomasky said if the County adopts this law it will not make a difference to the people who have to abide by it because they are already required to abide by the State's Law. She stated that although she does not believe the State Law is in jeopardy, the tobacco industry has money, power, and influence. If the County adopts its own law this evening it would ensure seamless protection against second-hand smoke in the workplace that every worker deserves. Fay Gougakis, City of Ithaca resident, spoke concerning the Clean Indoor Air Act. She expressed concern about smoke filtering through open windows from people who are smoking outside. Ms. Gougakis said another concern she has with the Law is that the responsibility has been placed on the owner of the establishment and not the patron. She commended the youth for their stance against tobacco, especially because of the influence the tobacco industry has had on the youth. Alice Cole, Public Health Director, spoke in support of Local Law No. 3 of 2003. She stated she is a cancer survivor and also witnessed one of her aunts die from cancer as a result of smoking. Ms. Cole said she stands with her colleagues across the State for their support of this local law and commends Legislator Lane for sponsoring this legislation. No one else wished to speak and the public hearing was closed at 5:52 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 Legislators. Excused: 1 (Legislator Blanchard). Privilege of the Floor by the Public Ken Deschere, Ithaca, spoke in support of the resolution on the agenda entitled Reducing Fees and Target Adjustment - Board of Elections. Mr. Deschere stated the present fee of $80 is unfair because it does not reflect the actual charge of supplying this voter registration data to the public, particularly those who may be considering running for public office. Herb Engman, Ithaca, spoke in support of the resolution on the agenda entitled Reducing Fees and Target Adjustment - Board of Elections. He stated he does not believe people who are considering running for public office should have to pay the current rate of $80 for electronic voter registration data. He said he is a current candidate for public office and has used these lists in current and past campaigns and feels everyone should be given a fair opportunity to participate in the democratic process. Joseph Wetmore, Town of Ithaca resident, spoke in support of the resolution on the agenda entitled Reducing Fees and Target Adjustment - Board of Elections. He said in this community major 264 August 5, 2003 parties purchase the lists and share it among all of its candidates and smaller parties are forced to pay more because they don't have as many candidates. He believes this fee discriminates against those smaller parties in addition to keeping additional candidates out of a race because of expense. Fay Gougakis, City of Ithaca resident, spoke concerning noise in the Tompkins County Public Library. She stated cell phones are a major distraction to patrons of the Library and asked that the Legislature look into the issue of allowing cell phones in that building during open hours. She noted the Library Board of Trustees is also looking at this issue. She also said the Library is serving as a day-care center. Privilege of the Floor by Legislators Mr. Lane, District No. 14 Representative, read the following letter from Dr. William Klepack, M.D., Tompkins County Medical Director, in regard to the New York State Expanded Clean Indoor Air Act effort to pass a local law mirroring the New York State Law: "Dear Michael: I may not be able to attend the public hearing set for August 5th at 5:30 p.m. in the Courthouse, so I wish to let you know of my support for this local law which will help to protect employees in the County, as well as patrons, from the harmful health effects of second-hand smoke. "I do hope that the local law can be passed in order to ensure that at least in Tompkins County the health of our citizens is protected. I am confident that as the years go by the harmful effects of second- hand smoke will only be more clearly and firmly established and with the available evidence at hand that we have firm footing to protect our citizens against the harmful effects of second-hand smoke. "No one should be allowed to place the health of other persons at risk and some employees of some establishments have no choice but to take whatever job they can fmd, especially in these difficult times. Their health should not be compromised by being forced to take a job. "Please do register my support for a local law mirroring the New York State Expanded Clean Indoor Air Act." Ms. Robertson, District No. 13 Representative, said this week marks the 58th anniversary of the bombing of Hiroshima. She said at the same time officials of this Administration and Defense Department are meeting on August 7th in Omaha, Nebraska, to start talking about a new generation of nuclear weapons. Ms. Robertson said this is a very scary situation. She said this is a non-partisan issue and all citizens should be extremely worried about any conversations that are held about "acceptable" nuclear weapons. Ms. Robertson said there have been changes taking place at the CVSA (Crime Victims and Sexual Assault) Center because of funding changes at the State level. She said she received a phone call today from one of the agencies that is a source of the funding and she was told they will be taking another look at the application from Tompkins County. She also spoke of VOCA (Victims of Crime Act), which is a federal source of funding. She stated Congress is sitting on a reserve balance of a billion dollars of funds that exist that are dedicated to these programs; the person she spoke with at the Crime Victims Board in Albany asked that the public contact their representatives from congress about releasing those funds. Ms. Herrera, District No. 5 Legislator, reported she recently returned from the JFK School of Government. She said it was a very productive and positive experience and thanked the individuals who provided her with the opportunity to attend. Ms. Herrera said she will be presenting the Distinguished 265 August 5, 2003 Youth Award at the August 19 Legislature meeting and asked that nominations be submitted to her by August 81. Ms. McBean, District No. 2 Legislator, announced this evening is National Night Out. She said community residents are celebrating pride in their neighborhood throughout Tompkins County and are strategizing ways to keep crime out of the community. Ms. McBean said the present and former County Historians, Carol Kammen and Gretchen Sachshe, have done wonderful work exploring African- American heritage in Tompkins County. Two weeks ago she conducted a walking tour of Southside's African-American Heritage and said significant places in downtown Ithaca have been documented. She distributed two brochures to all Legislators and encouraged everyone to take a walk-thru of the Southside neighborhood. Presentation of Resolution(s) from the Health and Human Services Committee RESOLUTION NO. 153 - ADOPTION OF LOCAL LAW NO. 3 OF 2003 - AMENDING SECTION 72 OF THE TOMPKINS COUNTY CODE - TO RESTRICT SMOKING IN PLACES OF EMPLOYMENT, RESTAURANTS, AND TAVERNS MOVED by Ms. Robertson, seconded by Mr. Lane. Mr. Wood briefly explained how this Local Law relates to the State Law. Mr. Wood said he was asked to prepare this law in case some portions of the State Law did not pass. He said this Local Law has some of what the State Law has in it, but only a small portion. In particular, it contains three places where smoking is not allowed. Those places are bars, restaurants, and places of employment. The State Law has 28 separate places where smoking is not allowed; it was his intent to cover only those places that may not have passed in the State Law. Mr. Wood clarified the Local Law being considered repeats the State Law with regard to a small amount but is not as full and comprehensive as the State Law. Ms. Kiefer asked if a place is fined, would they be subject to duplicate fines because of the existence of both a State and County Law? Mr. Wood responded they would not. Mr. Totman spoke in opposition to the proposed Local Law and said he does not feel any Legislator should make decisions to regulate anyone's life. He stated since this law was first proposed he has been contacted by both smoking and non-smoking constituents who oppose this action. Ms. McBean said the State already has a very comprehensive law in effect. She said most people she has heard from do not believe the State Law is in jeopardy at this time; however, she understands the tobacco industry has a lot of power and money. Ms. McBean has some concerns about sending smokers outdoors on the street where people use sidewalks. Mr. Proto spoke in opposition to this Local Law and stated this is redundant of the State Law. He said each Legislator has received information from the Public Health Director in regard to the proposed budget of the Health Department and the added cost of reviewing and enforcing restrictions of the Pesticide Notification Law and this adds to the financial burden in that Department. Mr. Proto said he will encourage every business person in this community who may be affected by this to seek out their attorney's advice and look into the term "constructive obsolescence" and see if this applies to the building in the manner the State Law applies. He said in terms of land use control, businesses are being restricted as to what a building can be used for and suggested also contacting the Assessment Department to see if an assessment can be lowered provided the owner has already complied with the building code. Mr. Proto said this also extends to any individual who owns an apartment house where there is a common hallway. He said if an individual is delivering mail or a workman enters a common area of an apartment building and a tenant reports that individual, the owner of the building could be fined. Mr. Proto said he does not believe this law is needed and it is very likely that the State 266 August 5, 2003 Law will face a legal challenge. He urged other legislators not to support this Local Law this evening and to table action until issues can be clarified. Mr. Joseph spoke about two aspects of the Local Law. He said in terms of redundancy, it is true the State Law is already in effect and this would not change anything at the moment. It is also true that the State Law could change later at which time this Law would have an impact. He said he doesn't see any great urgency to pass this now, however, he does not see any harm either. He said in terms of the merits of the Local Law, it has been argued that people who do not want to be exposed to smoke shouldn't go to bars and restaurants where smoking is allowed. He said if a business owner and the customers want to have a smoke-filled place that is acceptable to him. However, he said this is not a consumer protection law, it is a workplace health and safety law. In this country, having a job is recognized as being so vital and basic that it is not realistic to tell a person to work in an unsafe environment. He said he would like to allow smokers to be able to get together in places to socialize and smoke together; however, he cannot reconcile that with the need for protecting workers in their places of employment. Mr. Lane spoke in support of the Local Law and agreed with the comments made by Mr. Joseph. He said this is not about redundancy; it is about workplace safety. Mr. Lane said there was an editorial in the Ithaca Journal today that said his efforts were well-intentioned but the Local Law was unneeded and a waste of County taxpayer money. Mr. Lane said the County has an attorney whose job is to do what Mr. Wood has done with this Law. Ms. Herrera said she appreciates the efforts of "Reality Check". She said she does not smoke but her mother. passed away due to emphysema. She said there are many factors she has taken into consideration as she has thought about this issue. She has taken a look at what she was elected to do and feels there are two reasons to adopt a local law. The first reason is when there is no State law in effect and the other is when a local body feels the State legislation needs to be stronger. She stated this Local Law does not fit either of those criteria. While it is difficult for her to be portrayed as being against clean air or worker's safety, she feels it is her job to adopt laws that make sense and not to waste time. She said there may be good reason to have a lack of faith in the State, however, she believes if the State law were to be amended there would be support by this Legislature to enact this law. Ms. Herrera said if that happened she would support the adoption of this law at that time. Ms. Robertson spoke in support of adopting Local Law No. 3 of 2003. She said she believes it makes sense for counties to adopt this type of law for the purpose of sending a message to the State that counties want that law kept intact. Ms. Robertson spoke of the claim that businesses have suffered as a result of this law and stated she has heard reports to the contrary. In California where this law is already in effect, many restaurants are pleased because tables are turning over much faster. She said there may be a loss of business in the short-term but believes it will only be temporary. Ms. Robertson also spoke in support of providing employees with the right to work in a smoke-free environment. Mr. Booth said he believes a misconception exists that people should support this on the grounds that if the State law is overturned that the County law will stand. He said if the State law is not upheld it is very unlikely the County's law would be. Mr. Booth said he will support this Local Law for its public health value and its benefits to employees. A roll call vote resulted as follows: Ayes - 9 (Legislators Booth, Joseph, Kiefer, Koplinka-Loehr, Lane, Penniman, Robertson, Schuler, and Winch); Noes - 5 (Legislators Herrera, McBean, Proto, Todd, and Totman); Excused - 1 (Legislator Blanchard). RESOLUTION ADOPTED. WHEREAS, a public hearing was held before the Tompkins County Legislature on August 5, 2003, to hear all persons interested in proposed Local Law No. 3 of 2003, and WHEREAS, the Tompkins County Legislature has determined that adoption of Local Law No. 3 of 2003 is in the public interest, now therefore be it 267 August 5, 2003 RESOLVED, on recommendation of the Health and Human Services and Consumer and Community Affairs Committees, That proposed Local Law No. 3 of 2003 - Amending Section 72 of the Tompkins County Code - To Restrict Smoking in Places of Employment, Restaurants, and Taverns, is hereby adopted, RESOLVED, further, That the Clerk of the Legislature shall publish in the official newspaper of the County a notice of adoption containing a synopsis of said local law and shall within twenty 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 Individual Member -Filed Resolution At the request of Mr. Joseph, Mr. Lane took the Chair at this time. RESOLUTION NO. 154 - REDUCING FEES AND TARGET ADJUSTMENT - BOARD OF ELECTIONS MOVED by Mr. Joseph, seconded by Ms. Robertson. Mr. Joseph said he filed this resolution and explained his reasons for doing so. He stated the fees charged for elections data is not covered by the Freedom of Information Act (FOIL) because it is covered by a separate law. That law says that it shall be provided to the public at the cost of publication. Mr. Joseph said this Legislature could debate what the cost of publication actually is, however, there is one court case on the books and the court could not determine the "cost of publication", so it used the FOIL concept "cost of reproduction". In that case it was decided the fee being charged was too high and a substantially lower fee was imposed. Mr. Joseph said he believes charging the current rate of $80 for this information is unfair and is proposing it be lowered to $5. He said the more barriers put up for people considering running for public office, the less democracy there is. Mr. Koplinka-Loehr said the question this resolution raises is whether the taxpayer should bear this burden or should the fee be closely placed to those who are getting the service. He said in general, he prefers to have the burden of fees be with those who use the service. However, Mr. Koplinka-Loehr said he will support this resolution because he believes it is good for democracy. Ms. Robertson said this reduction does put charges in line with costs. Mr. Proto asked if this change in fees would result in a shortfall in the Board of Elections budget for 2003; Mr. Joseph responded, yes. He also asked for a summary of the discussion that took place by the Consumer and Community Affairs Committee. Ms. Kiefer said the Committee had a brief and unproductive discussion about this resolution, and although it was noted such a high fee is open to legal challenge, no one else seemed supportive of making this change at that time. Mr. Lane said he serves on the Consumer and Community Affairs Committee and one Elections Commissioner expressed opposition to this. Mr. Lane said a question exists as to what the law is in this case and what should be included in the cost of publication. Mr. Lane said he does not feel this fee is such a burden that people will not be able to run for public office. Mr. Booth said he will support this resolution; however, he rejected the comments that this is an inappropriate policy and the excessive fee keeps people from running for public office. He said he does not believe the $80 fee is the result of anything inappropriate and does not believe it has caused anyone not to run for public office. Mr. Proto asked if it was Mr. Joseph's intent to change this fee permanently or through 2003. Mr. Joseph said his intent is to make it a permanent change, however, it can be discussed at any time during the budget process. 268 August 5, 2003 Mr. Penniman said the Legislature has asked County departments to look at fees and increase fees where appropriate. While he doesn't agree with lowering fees at this difficult budget time, he feels public access to information is more important. A voice vote resulted as follows: Ayes - 11, Noes - 3 (Legislators Lane, Todd, and Totman); Excused - 1 (Legislator Blanchard). RESOLUTION ADOPTED. WHEREAS, free and open access to voter registration data is an essential element to any election campaign, and WHEREAS, holding down the expense of campaigns makes the political process open to a broader range of participation, and WHEREAS, the current fees charged for electronically supplied data from the Board of Elections are substantially higher than the direct cost of providing that data, and WHEREAS, fees that exceed the direct cost are of questionable legality, and WHEREAS, fee revenues are a small, but important, part of the Board of Elections budget, now therefore be it RESOLVED, That the fee charged for data supplied electronically shall be $5.00 for the complete countywide data and an additional $5.00 if the data is customized in any way, RESOLVED, further, That the target budget for the Board of Elections be increased by $2,000 to compensate for lost revenue. SEQR ACTION: TYPE II -20 Chair's Report Mr. Joseph said over the last couple of weeks he has been involved in several discussions about the County and State budgets. He said he was invited to speak yesterday at the conference of county treasurers and fmance directors and stayed to hear an analysis of the State budget by Ken Crannell of New York State Association of Counties. Mr. Joseph said Mr. Crannell discussed the overburden payments that are one of the biggest threats for counties and said the Governor put a cap on overburden payments and the State Legislature took the cap out but did not appropriate any funds to cover it. Mr. Crannell also discussed other items such as TANF (Temporary Assistance for Needy Families) and stated this is another area that will have to be monitored closely. Federal money for welfare were set at a particular level. When caseloads decreased, TANF monies were appropriated for other purposes. Now caseloads have increased, but TANF monies have not. Counties had paid 25%; when TANF recipient exceeds 5 - year lifetime, County pays 50%. This November it is expected Federal TANF money will run out and counties will have to cover 100%. County Administrator's Report Mr. Whicher requested an executive session to discuss contract negotiations be held later in the meeting. He provided an update on the selection for the Department of Social Services Commissioner position and said approximately six candidates have been selected to proceed to the interview process. Following that process, three candidates will be presented to the full Legislature. Mr. Whicher directed members' attention to the documents that have been distributed in regard to the County's budget. He stated one of the biggest unknown items is the overburden payments which the County will not know the defmite impact until very late in the year. Mr. Whicher said staff has produced a budget sheet that shows a potential property tax levy increase of 46.79%. Of that amount, 14.41% is the result of mandate increases, 3.81% in payroll increases, 6.3% in NYS Retirement costs, and 12% in capital debt, as well as exposure to overburden and the TANF shortfall. He stated before he makes any kind of adjustments in his review the County is facing a 30% tax rate increase, and this does not include approving any over -target requests by 269 August 5, 2003 departments. Mr. Whicher continued explaining how those figures break down and noted the over -target requests amount to $6 million. He said there is no way to achieve a 35% tax increase without a reduction in force. Mr. Whicher reported on 2004 Over -Target Requests totaling $6,087,463 (17.19% increase over 2004 fiscal target) and stated totals for program committees are as follows: Consumer and Community Affairs - $525,595; increase over 2004 fiscal target - 5.29% Health and Human Services - $1,087,911; increase over 2004 fiscal target - 16.77% Public Safety - $2,506,911; increase over 2004 fiscal target - 26.79% Planning, Development and Environmental Quality - $33,727; increase over 2004 fiscal target - 4.63% Facilities and Infrastructure - $1,460,742; increase over 2004 fiscal target - 19.74% Government Operations - $473,047; increase over 2004 fiscal target - 14.32% Mr. Whicher referred to a document entitled "Strategies for Dealing with Budget Shortfall" and said this lists four options for ways to address the budget situation for the Legislature to consider. Mr. Joseph said if this Legislature wants to achieve anything less than a thirty percent property tax increase, the process as it currently stands cannot be used. He stated that by saying no to all over -target requests, the tax rate would be approximately 30 percent. Mr. Joseph summarized the options contained in the document: 1. Business as usual. Deal with Over -Target Requests (OTRs) with individual Legislators to propose other actions. 2. County Administrator makes recommendations on OTRs and then provides options to the Legislature for further reductions. 3. Direct County Administrator to recommend a budget that achieves a target level of tax increase. Legislature then decides which cuts to implement. 4. Budget Committee (or a special committee) is charged to come up with a proposed budget. Mr. Joseph said his preferred option would be No. 3 with a target level of tax increase of 5%. He said with this option the Legislature will be presented with very drastic cuts and will be able to restore many of them. Mr. Penniman clarified that this proposed strategy would take the place of the County Administrator's recommendations and that the Legislature would resume its regular process of program committee review in September and Expanded Budget Committee review in October. Ms. Robertson said she preferred option no. 3 but feels setting a target level increase of five percent would be too low. She suggested asking for more than one target. Mr. Booth said he preferred option no. 3 and also felt setting a target level increase of five percent would be too low and suggested ten would be a more realistic number given the severity of the situation. Mr. Winch said he preferred option no. 3; however, felt setting a target level increase of five percent would be a better choice. He said he doesn't feel this Legislature has had adequate discussion about the value of programs. Mr. Winch said he would expect many items to be restored at the five percent level, but there would be a great amount of time discussing and debating the value of programs. Mr. Lane said he preferred option no. 2. He also stated the Legislature needs to be careful in the way the County Administrator is used. He stated Mr. Whicher is not an executive and because he is the go-between the department heads and the Legislature, a good working relationship needs to be maintained there. He does not believe placing a figure of five percent on the budget this year is realistic. 270 August 5, 2003 Ms. McBean said she could support option no. 3 if Mr. Whicher feels comfortable with the task associated with it. She does not want to look at a double-digit increase and agreed with Mr. Winch's comments that a serious review needs to be conducted of all programs and decisions made as to what is most important to this Legislature. Mr. Totman said he supports option no. 3 with an established target level increase of five percent. He said he does not believe he will support a property tax increase above ten percent. Mr. Todd said he supports setting a target level increase of five percent. He noted that five percent isn't the complete picture because there is already a six percent increase in assessment. Mr. Todd also noted that this Legislature would be asking the County Administrator to perform a task that has never been asked of that position before. Mr. Koplinka-Loehr thanked Mr. Joseph for bringing this discussion to the Legislature now. He does not believe the usual budget process strategy will work this year; however, he does not believe this is a task the County Administrator should be given. Mr. Koplinka-Loehr said he believes a special committee of this Legislature should be created and that the process should be very open and public. Ms. Herrera said in talking to many people in county and state from around the country, she believes Tompkins County's budget, although stringent and difficult, is one of the most open and efficient processes that exist. She said she is interested in option no. 2; if it is no. 3, she prefers a target increase of five percent because it is necessary for this Legislature to make difficult decisions based on each legislator's values. Ms. Herrera said Mr. Whicher is an excellent Administrator; however, decisions need to be made based on each legislator's values. She believes this Legislature needs to have a discussion about the role of government and make decisions as to what programs are the most important in Tompkins County. Ms. Herrera said she could support an option that combines nos. 2 and 4 with the County Administrator providing options for further reductions and then a special committee would produce a proposed budget for the rest of the Legislature to look at. Mr. Proto said there has been discussion about property tax increase but there has not been any discussion of the rate of spending and asked if that could be included in Mr. Whicher's work. He stated he would support a combination of options 2 and 3. Mr. Whicher stated he is already working on that information and it would be included in the information presented to the Legislature. Mr. Proto also asked if consideration would be given to approaching the unions about salary reductions. Mr. Whicher stated that 2004 will be an unprecedented year and that no stone will be left unturned. Mr. Joseph explained each of the options and said in all of the options the Legislature has the power to make the decisions. He said it is very important that the Legislature keep the power and responsibility to itself and that the County Administrator needs to have protection when being asked to do this type of work. He said he believes when this Legislature and the public sees any of the choices that will need to be made to get down to a five or ten percent increase many will be clamoring to put things back in. At the same time there will be others who will be insisting the tax rate be kept down. Mr. Joseph said there is no one except for this legislative body who should make those decisions. He stated the purpose of establishing a percentage with an option would be to set a floor where it is agreed the rate would not be any lower than this amount. Mr. Whicher said he is very concerned about his changing role in the process. He said the charge the Legislature will be giving him this evening is a strong executive charge. Although he is willing to accept it this Legislature needs to recognize this different role and that ground rules need to be set for all involved parties. Mrs. Schuler said that she would support option no. 2 work toward incorporating parts of No. 3. 271 August 5, 2003 Ms. Kiefer said when this legislative body was going through the 2003 budget process there were warnings that the budget could be much worse in 2004. She said that nevertheless, the 2003 budget contained a significant number of items totaling approximately a three percent tax rate increase that were funded for one-time only. She said this Legislature did not deal with those one-time increases and now they have been placed into the mix for the 2004 budget. She said it will be amazing if there could be anything less than a 15 percent tax rate increase for 2004. Ms. Kiefer said an option she would like given consideration is to raise tax by an amount higher than the Legislature would like to and recognize and pursue the need for a local State Income Tax. She said of the options presented she would prefer no. 2, however, she is very concerned with asking the County Administrator to impose his values on the budget. Mr. Penniman stated he is sensitive to the concern that it is not the County Administrator's job to recommend what the role of government should be and where cuts should be made. However, he said he will support option no. 3 with minor changes in wording and a target increase of five percent. Those changes were accepted as friendly and appear in the motion that follows. It was MOVED by Mr. Penniman, seconded by Mr. Booth, to direct the County Administrator to submit a budget that achieves a target level of a five percent tax increase. The Legislature then decides which cuts to implement. Ms. Robertson said she would like the target increase to be amended upward and suggested 20% and direct the Legislature to bring the rate down from that level. Mr. Winch stated he will support this motion with the change in wording. He agrees the County is being asked to submit a budget but thinks Mr. Whicher will make objective recommendations. He believes it will be the values of the Legislature that will be injected into the budget. It was MOVED by Mr. Lane and seconded by Mrs. Schuler, to substitute the motion with option no. 2. Mr. Joseph said he does not believe it is possible for Mr. Whicher to make recommendations on the budget without injecting his values. He said it is important for this Legislature to acknowledge that this will happen and that it is not his job to do. It will then be up to this Legislature to make choices at that point without referring to Mr. Whicher's recommendations as being expertise. He said all choices involved in the process will be individual value choices and that needs to be recognized from the beginning. Mr. Booth said Mr. Whicher is being asked to perform a very difficult task and this Legislature needs to refrain from criticizing Mr. Whicher for the job he is being asked to do. A voice vote resulted as follows on the motion to substitute: Ayes - 5 (Legislators Herrera, Kiefer, Koplinka-Loehr, Lane, and Schuler); Noes - 9 (Legislators Booth, Joseph, McBean, Penniman, Proto, Robertson, Todd, Totman, and Winch); Excused - 1 (Legislator Blanchard). MOTION FAILED. It was MOVED by Ms. Robertson, seconded by Mr. Koplinka-Loehr, to amend the motion to increase the target level increase from five to nine percent. A voice vote on the motion resulted as follows: Ayes - 6 (Legislators Joseph, Kiefer, Koplinka-Loehr, McBean, Schuler, and Robertson); Noes - 8 (Legislators Booth, Herrera, Lane, Penniman, Proto, Todd, Totman, and Winch); Excused - 1 (Legislator Blanchard). MOTION FAILED. A roll call vote on the original motion resulted as follows: Ayes - 9 (Legislators Booth, Herrera, Joseph, McBean, Penniman, Proto, Todd, Totman, and Winch); Noes - 5 (Legislators Kiefer, Koplinka- Loehr, Lane, Robertson, and Schuler); Excused - 1 (Legislator Blanchard). MOTION CARRIED. Approval of Resolution(s) and Appointment(s) Under the Consent Agenda 272 August 5, 2003 It was MOVED by Mr. Penniman, 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. 155 - BUDGET TRANSFER AND ADJUSTMENTS — VARIOUS DEPARTMENTS MOVED by Mr. Penniman, seconded by Mr. Winch, and unanimously adopted by voice vote by members present, under the Consent Agenda: RESOLVED, on recommendation of the Health and Human Services, and Public Safety Committees, That the Director of Finance be directed to make the following budget transfer and budget adjustments on his books: TRANSFER: HEALTH AND HUMAN SERVICES COMMITTEE Office for the Aging (#30) Revenue Acct Title Amt Approp Acct Title(s) 6772 51000 Salary $ 900 6772 54442 Professional Services Explanation: Unneeded salary dollars permit transfer to purchase software consultant service. BUDGET ADJUSTMENTS: PUBLIC SAFETY COMMITTEE Probation (#27) Revenue Acct Title Amt Approp Acct Title(s) 3989 42705 Gifts and Donations $5,000 3989 54491 Sub -Contracts 3989 42705 Gifts and Donations $1,763 3989 54333 Education and Promotion 3989 42705 Gifts and Donations $2,000 3989 54412 Travel/Training 3989 42705 Gifts and Donations $1,719 3989 54470 Building Repairs Explanation: Appropriation of remaining drug courts grant funds. Emergency Response (#29) Revenue Acct Title Amt Approp Acct Title(s) 3410 43389 Other Public Safety $9,000 3410 54412 Training Explanation: Training development and exercises for Hazardous Materials Team. SEQR ACTION TYPE II -20 RESOLUTION NO. 156 - DESIGNATION OF TOURISM PROMOTION AGENCY FOR STATE FISCAL YEAR 2003-2004 MOVED by Mr. Penniman, seconded by Mr. Winch, 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 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 Planning, Development and Environmental Quality Committee, That the designation of the TPA for State Fiscal Year 2003-2004 be awarded to the 273 August 5, 2003 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 Legislature approval should it be advantageous for Tompkins County to do so, RESOLVED, further, That the Director of the CVB report back to the Planning, Development and Environmental Quality Committee if such change occurs. SEQR ACTION: TYPE II -20 RESOLUTION NO. 157 - AUTHORIZATION OF NEW YORK STATE DEDICATED TRANSPORTATION TRUST FUND CAPITAL PROJECT SUPPLEMENTAL AGREEMENT NUMBER 7 - TOMPKINS CONSOLIDATED AREA TRANSIT MOVED by Mr. Penniman, seconded by Mr. Winch, and unanimously adopted by voice vote by members present, 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 7 for $554,000 in State funds to fund FY 2003 capital projects by Tompkins Consolidated Area Transit, now therefore be it RESOLVED, on recommendation of the Budget and Capital Committee, That the Tompkins County Legislature authorizes Supplemental Agreement Number 7 of the Master Agreement for New York State Dedicated Transportation Trust Funds in an amount not to exceed $554,000. SEQR ACTION: TYPE II -20 RESOLUTION NO. 158 - AUTHORIZATION TO ACCEPT PRIVATE DONATIONS TO FUND PREVENTIVE SERVICES THROUGH UNITED WAY AND TO AMEND A CONTRACT TO UTILIZE THE FIRST SUCH DONATION - BUDGET ADJUSTMENT — DEPARTMENT OF SOCIAL SERVICES MOVED by Mr. Penniman, seconded by Mr. Winch, and unanimously adopted by voice vote by members present, under the Consent Agenda. WHEREAS, as a result of actions taken by the Tompkins County Legislature and the Tompkins County Department of Social Services (DSS) during the 2003 budget process, the value of several contracts for at -risk children and youth was significantly reduced, and WHEREAS, one program that was reduced in value and services was the Dispositional Alternatives Program (DAP) operated by Family & Children's Service, and WHEREAS, the Dispositional Alternatives Program is a Preventive services program for at -risk youth that has repeatedly demonstrated that it is a valuable tool for the Department and the community in the prevention of foster care, and WHEREAS, changes in the New York State budget revitalized an option for financing preventive services for families and children that had become moot during the existence of the previous New York State method of financing preventive services for families and children, and WHEREAS, this option provides the Department of Social Services with an opportunity to utilize private, non-governmental or tax levy funds to offset the local cost of such programs, and 274 August 5, 2003 WHEREAS, the Department has been working with various agencies and private funders to take advantage of this opportunity to use private dollars to maintain, create, or expand services to at -risk families and children, and WHEREAS, an amount of such private "donated funds" has now become available, and WHEREAS, the United Way of Tompkins County, its Executive Director and its governing Board have demonstrated courageous community leadership in agreeing to donate these funds as well as a matching grant of $2,000 for the purposes of maintaining community services to at -risk families and children, and WHEREAS, the United Way of Tompkins County and the Tompkins County Department of Social Services (DSS) have completed the discussions required for the United Way to donate and for DSS to accept these donated funds, and WHEREAS, allowing the DAP program to be the first to be assisted by this funding formula will reduce the administrative burden for DSS and DAP staff, now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, That the Department of Social Services is authorized to accept donated funds from the United Way as they become available, RESOLVED, further, That the amount of Social Services' 2003 contract with Family and Children's Services for the Dispositional Alternatives Program be amended so that the total contract value will be $306,533, with no additional local tax dollars required to support this program, RESOLVED, further, That the Finance Director is authorized to make the following adjustments to the Social Services 2003 budget: Appropriation: 6070.54400 Purchase of Services $32,391 Revenue: 6070.42705 Gifts & Donations $10,446 6070.44670 Federal $13,300 6070.43670 State $ 8,645 SEQR ACTION: TYPE II -20 RESOLUTION NO. 159 - AUTHORIZATION TO CLAIM AND PASS-THROUGH TO PUBLIC HEALTH DEPARTMENT FEDERAL MEDICAID REIMBURSEMENT FOR THE EARLY INTERVENTION PROGRAM - BUDGET ADJUSTMENT — DEPARTMENT OF SOCIAL SERVICES Moved by Mr. Penniman, seconded by Mr. Winch, and unanimously adopted by voice vote by members present, under the Consent Agenda. WHEREAS, the Department of Social Services has the ability to draw down Federal reimbursement for fifty percent of the administrative costs for running a Local Early Intervention Agency (LEIA), and WHEREAS, the Public Health Department is the designated LEIA in Tompkins County and anticipates having $52,146 in eligible expenses to submit for fifty percent reimbursement in 2003, and WHEREAS, the Social Services' 2003 budget does not presently reflect either the Federal revenue or the transfer to Public Health, now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, That the Director of Finance is authorized to make the following adjustments to the Social Services budget. Appropriation: 6010.54442 Professional Services $26,073 Revenue: 6010.44610 Federal Revenue $26,073 SEQR ACTION: TYPE II -20 275 August 5, 2003 RESOLUTION NO. 160 - AUTHORIZING CHANGE IN RATES - PRESCHOOL SPECIAL EDUCATION PROGRAM - HEALTH DEPARTMENT MOVED by Mr. Penniman, seconded by Mr. Winch, and unanimously adopted by voice vote by members present, under the Consent Agenda. WHEREAS, New York State Education Law, Section 4410 stipulates the responsibility for special education services and programs to children 3 to 5 years of age, who are determined eligible under New York State Education Department (SED) regulations, belongs to the municipality of residence (i.e., the County), and WHEREAS, it is the municipality's responsibility to establish contracts with the appropriate school districts, programs and therapists who in turn provide the services and programs to eligible children, as determined by each school district's Committee for Preschool Special Education (CPSE) and stipulated per the Individual Education Plan (IEP), and WHEREAS, SED establishes the rates for Special Education Integrated Programs, Special Education Itinerant Services and 1:1 Aides with the integrated setting, the municipality establishes the rates for Related Services (e.g., Speech, Occupational and Physical Therapy, Counseling, Skilled Nursing, Teacher of Deaf and Hard of Hearing or Visually Impaired, Interpreter, Psychological Services, etc.) for the fiscal period of July 1, 2003, through June 30, 2004, and WHEREAS, the Health Department has reviewed data from surrounding counties, regionally, and services rendered within the County over the last four years, including the rate history, and based upon the maximum reimbursement allowed by SED, now therefore be it RESOLVED, on recommendation of the Health and Human Services and Budget and Capital Committees, That the Tompkins County Health Department implement the Related Service Rates below, with the approval of the New York State Education Department: 2002-2003 Rates Preschool Special Education Programs 2003-2004 Related Service Rates 2003-2004 Rates Related Service Sessions (up to 1 hour) Individual/Group Related Service Sessions (up to 1 hour) Individual/Group Speech Therapy $66.00/$40.00 Speech Therapy $60.00/$40.00 Physical Therapy $66.00/$66.00 Physical Therapy $60.00/$40.00 Physical Therapy Asst. N/A /$66.00 Physical Therapy Asst. N/A /$40.00 Occupational Therapy $66.00/$66.00 Occupational Therapy $60.00/$40.00 Occupational Therapy Asst. N/A /$66.00 Occupational Therapy Asst. N/A /$40.00 Counseling $40.00/$40.00 Counseling $60.00/$40.00 Teacher of Visually Impaired $40.00/$40.00 Teacher of the Visually Impaired $60.00/$40.00 Teacher of Deaf & Hard -of- Hearing $40.00/$40.00 Teacher of Deaf & Hard -of- Hearing $60.00/$40.00 School Health Services/Nursing $60.00 School Health Services/Nursing $60.00 Psychological Services $100.00 Psychological Services $60.00 Psychological Services Coordination $40.00 Psychological Services Coordination Omit service and cover under general service coordination Service Coordination $30.00 Service Coordination $30.00 Interpreter $42.00 Interpreter $40.00 Audiological Services $66.00 Audiological Services $60.00 Assistive Technology Services $66.00 Assistive Technology Services $60.00 276 rc,Aym MeV 777-: August 5, 2003 Parent Counseling *Service not offered Parent Counseling $60.00 Program Aide per '/z hour $6.00 Program Aide per '/z hour $7.00 RESOLVED, further, That the Department is authorized to promulgate these related -service rates in future years, so long as the related service rates deemed appropriate by the Department do not exceed the education program rates established by the New York State Department of Education. SEQR ACTION: TYPE II - 20 Appointment(s) It was MOVED by Mr. Penniman, seconded by Mr. Winch, and unanimously adopted by voice vote by members present, to approve the following appointment(s) under the Consent Agenda: Recess Strategic Tourism Planning Board Gary Stewart - Cornell representative; term expires December 31, 2004 Lynnette M. Scofield - Hotels, Bed and Breakfast representative; term expires December 31, 2005 Tompkins Cortland Community College Board of Trustees Eldred V. Harris - Tompkins County representative; term expires June 30, 2007 Roxann Buck - Tompkins County representative; term expires June 30, 2012 Mr. Joseph declared recess from 8:08 p.m. to 8:16 p.m. Executive Session It was MOVED by Ms. Robertson, seconded by Mr. Todd, and unanimously adopted by voice vote by members present, to enter into executive session at 8:16 p.m. to discuss contract negotiations. The meeting returned to open session at 8:33 p.m. Addition of Resolution(s) to the Agenda There were no resolutions added to the agenda Withdrawal of Resolution(sl from the Agenda Chair Joseph gave the appropriate committee chair(s) permission to withdraw the following resolution(s) from the agenda: Revision of Administrative Manual Policy 01-33 - SEQR Policy Scheduling a Public Hearing on the 2004 Tompkins County Budget and the 2004-2008 Tompkins County Capital Program Report and Presentation of Resolution(s) from the Public Safety Committee Mr. Totman, Vice Chair, reported the Committee met Thursday, July 31St for a Design Workshop with representatives of Jacobs Facilities. He said all Legislators received a copy of the basic presentation in their mailboxes and asked Legislators to read through the material for information purposes. At some point in the early Fall, a presentation will be given to the full Legislature to try and agree on the scope of the capital project for the Public Safety Building. The next meeting with the Jacobs group will be Thursday September 18th. Mr. Totman announced the August 7 meeting of the Public Safety Committee has been cancelled. The next regular meeting will be on Thursday, August 21st. At that meeting the 277 s; August 5, 2003 Department of Emergency Response will provide the Committee with an overview of that Department and the Committee will review with the Sheriff the Administrative Study of the Sheriff's Office prepared by the Division of Criminal Justices Services. RESOLUTION NO. 161- APPROPRIATION FROM CONTINGENT FUND - TERMINAL PAY — ASSIGNED COUNSEL MOVED by Mr. Totman, seconded by Ms. McBean. A short roll call vote resulted as follows: Ayes - 14, Noes - 0, Excused - 1 (Legislator Blanchard). RESOLUTION ADOPTED. WHEREAS, Assigned Counsel employee, Doreen Lauper, resigned from service effective July 11, 2003, 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 is hereby authorized and directed to make the following budget appropriation: FROM: A1990.54440 Contingent Fund $3,536.29 TO: A1170.51000535 Administrative Assistant $2,581.50 A1170.58800 Fringes $ 954.79 SEQR ACTION: TYPE II -20 Report and Presentation of Resolution(s) from the Facilities and Infrastructure Committee Mr. Booth, Chair, had no report. RESOLUTION NO. 162 - AWARD OF BID — ELEVATOR MAINTENANCE SERVICES MOVED by Mr. Booth, seconded by Mr. Winch, and unanimously adopted by voice vote by members present. WHEREAS, the Department of Finance - Division of Purchasing has duly advertised for bids for Elevator Maintenance Services for Tompkins County, and WHEREAS, three (3) bids were received and publicly opened on June 12, 2003, and WHEREAS, the bid received from Otis Elevator Company of East Syracuse, New York, lacks pertinent information pertaining to experience and qualifications, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the bid from Otis Elevator Company be rejected as non-responsive, RESOLVED, further, That the bid shall be awarded to ThyssenKrupp Elevator of East Syracuse, New York, as the lowest responsible bidder with a bid price of $17,352 annually, RESOLVED, further, That the funds are available in Facilities budget, Account No. 1620.54425. SEQR ACTION: TYPE II -20 RESOLUTION NO. 163 - AUTHORIZATION TO TRANSFER RESPONSIBILITY FOR NEW DRIVEWAY CULVERT INSTALLATION TO LANDOWNERS MOVED by Mr. Booth, seconded by Ms. Kiefer. Mr. Joseph said he received a phone call from a constituent today and relayed that individual's comments to Mr. Booth. Mr. Joseph said the constituent feels new installations are the landowner's responsibility; however, roads, ditches, and culverts are the County's responsibility. The individual said if something were washed out and expenses were transferred 278 August 5, 2003 to the landowner it would essentially be another tax increase. Mr. Booth provided assurance that this resolution does not do that. A voice vote resulted as follows: Ayes - 14; Noes - 0; Excused - 1 (Legislator Blanchard). RESOLUTION ADOPTED. WHEREAS, the Tompkins County Highway Division has historically been responsible for installing driveway culverts in the County road right-of-way, and WHEREAS, in recent years the proliferation of such work combined with other fiscal and workforce factors has led to the sacrifice of essential maintenance, such as ditching, shoulder cutting, and roadside brush removal, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That property owners shall be responsible for the installation of driveway culverts for new driveways in the County right-of-way in accordance with County specifications, and directly pay for all the services of contractors and materials, RESOLVED, further, That new driveway culvert installations shall only be performed by individuals that are certified by the Highway Division as qualified to perform this work, as evidenced by fiscal accountability, access to appropriate equipment, and certification of technical and safety training, RESOLVED, further, That the Highway Division shall provide technical and safety training to contractors interested in installing new driveway culverts and maintain a list of contractors that are qualified to perform this work, RESOLVED, further, That the Highway Division shall provide qualified technical personnel to inspect private culvert installations and certify the quality of workmanship, RESOLVED, further, That a permit fee shall be maintained to offset the cost of Highway Division training, design, and inspection services, RESOLVED, further, That, at the discretion of the Highway Manager, the efforts of County personnel and equipment previously dedicated to culvert installation shall be redirected to roadway and roadside maintenance, RESOLVED, further, That the Highway Manager shall develop a policy regarding installation of private storm sewers, the replacement of existing driveway culverts, and treatment of other roadside features. SEQR ACTION: TYPE II- 20 Report and Presentation of Resolution(s) from the Consumer and Community Affairs Committee Ms. Kiefer, Chair, reported the Committee met on July 16. The Committee heard a report from the Department of Motor Vehicles regarding staff shortages which have resulted in long lines recently. They are now back to full staff and the problem has been corrected. There was also discussion about a lack of restroom facilities for the public at that Department; efforts are being made to solve that problem as well. A brief discussion was held in regard to New York State's new eight-year license renewal period and how motor skills can deteriorate over that period which results in safety issues. This will also have budgetary implications for the Department of Motor Vehicles because there will be fewer license renewals coming through so they will get less money. The Board of Elections were also in attendance at the meeting and discussed the Help America Vote Act report. Ms. Kiefer said the Committee submitted comments on that report and requested that those comments be copied to the full Legislature. She reported Don Ellis, Director of Weights and Measures, has been the only employee in that Department since the other employee in the Department has been on disability since last Spring. Ms. Kiefer said Judy Tynyk will not be returning to work and the Committee is concerned about how that Department will keep up with its work when new stores open. She said Public Works staff has been assisting Mr. Ellis in clerical tasks. RESOLUTION NO. 164 - INCREASE IN HOURS OF POSITIONS - TOMPKINS COUNTY CLERK'S OFFICE, MOTOR VEHICLE DIVISION 279 August 5, 2003 MOVED by Ms. Kiefer, seconded by Mrs. Schuler. A voice vote resulted as follows: Ayes - 13, Noes - 1 (Legislator Proto); Excused - 1 (Legislator Blanchard). RESOLUTION ADOPTED. WHEREAS, all positions of the title Motor Vehicle Examiner in the Motor Vehicles Division of the County Clerk's Office currently exist at 35 hours per week, and WHEREAS, the position of Motor Vehicle Bureau Supervisor in the Motor Vehicles Division of the County Clerk's Office currently exists at 35 hours per week, and WHEREAS, an increase in the number of hours allotted to positions in the titles of Motor Vehicle Examiner and Motor Vehicle Bureau Supervisor is necessary and appropriate to cover the workload, now therefore be it RESOLVED, on recommendation of the Consumer and Community Affairs Committee, That the standard work week for all positions in the title of Motor Vehicle Examiner (8/505), White Collar labor grade H (8), competitive class, and the position of Motor Vehicle Bureau Supervisor (84/210), Management grade N (84), competitive class, be increased from 35 to 37.5 hours per week effective immediately, RESOLVED, further, That no additional funding is needed for 2003. SEQR ACTION: TYPE 1I-20 Report from the Government Operations Committee Mr. Koplinka-Loehr, Chairman, had no report. Report from the Planning, Development and Environmental Quality Committee Mr. Lane, Chairman, reported the Committee met last week and heard from the Convention and Visitors' Bureau about tourism in Tompkins County. The Committee also reviewed the Planning Department's annual report. The next meeting will be August 6 at 2 p.m. Report and Presentation of Resolution(s) from the Budget and Capital Committee Mr. Penniman, Chairman, reported at the last meeting the Committee heard a preliminary report on budget figures for 2004. At that meeting Tom Herden of the Department of Social Services provided the Committee with information about mandate increases in Medicaid and other areas of that Department. Mr. Penniman said he will be making arrangements for the full Legislature to hear that report. The next meeting will be August 12. At that meeting the Committee will take a look at the 2004-2008 capital budget. Mr. Penniman reminded program committee chairs to begin thinking about September budget review meetings. RESOLUTION NO. 165 - AUTHORIZING A PUBLIC HEARING ON PROPOSED LOCAL LAW NO. d OF 2003 — AUTHORIZING TOMPKINS COUNTY TO JOIN THE CATSKILL REGION OFF-TRACK BETTING CORPORATION MOVED by Mr. Penniman, seconded by Mr. Booth. Ms. Robertson asked for the definition of a permissive referendum and what this would mean in terms of timing. Mr. Joseph said he will vote to support having a public hearing but he will not support bringing Off -Track Betting to Tompkins County. Ms. Herrera referred to an article that appeared in the Ithaca Journal last week that spoke of impact gambling and how its presence affects young people. She believes that the County would be promoting gambling by joining this and that the revenues are not guaranteed and that by inviting Off -Track Betting into Tompkins County the quality of life of this community would be negatively affected. Mr. Penniman said he, too, has concerns about issues related to Off -Track Betting and has no intention to bring a resolution forward to pass a local law until all questions have been answered. A voice vote resulted as follows: Ayes - 12, Noes - 2 (Legislators Herrera and Winch); Excused - 1 (Legislator Blanchard). RESOLUTION ADOPTED. 280 August 5, 2003 WHEREAS, by State law Tompkins County is eligible to participate in the Catskill Off -Track Betting (OTB) Corporation, and WHEREAS, conservative estimates indicate that establishing an OTB site in Tompkins County would provide annual county revenue of approximately $100,000 in the first year, and $200,000 - $300,000 per year thereafter, and WHEREAS, placing bets on horse races is a fairly specialized form of gambling, and WHEREAS, at present an unknown but substantial number of Tompkins County residents pursue this form of recreation by traveling to neighboring counties such as Cortland, Cayuga, Tioga, and Broome, all of which have OTB facilities, and all of which thereby benefit from the betting revenues provided by Tompkins County residents that would otherwise come to Tompkins County, and WHEREAS, the County Legislature does not desire to promote gambling, but rather simply receive its share of revenue from the existing OTB Corporation, and WHEREAS, there are many other already -existing and easily accessed games of chance and gambling promoted by New York State, such as bingo, charity raffles, Quick Draw, New York State Lotto, Pick 10, Take 5, midday and evening WinFour, midday and evening numbers (pick 3), scratch -off cards with many different "games", and multi -state Mega Millions - all of which are readily available throughout Tompkins County, and WHEREAS, given this multiplicity of state -promoted legal opportunities to gamble, none of which provide direct revenue to Tompkins County, now therefore be it RESOLVED, on recommendation of the Budget and Capital Committee, That a public hearing be held before the Tompkins County Legislature in the Legislature's Chambers of the Tompkins County Courthouse, 320 North Tioga Street, Ithaca, New York, on Tuesday, August 19, 2003, at 5:30 o'clock in the evening thereof concerning proposed Local Law No. d of 2003 - Authorizing Tompkins County to Join the Catskill Region Off -Track Betting Corporation. 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 Legislature 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 from the Health and Human Services Committee Ms. Robertson, Chair, reported the Committee met on July 17 and approved several resolutions on the Consent Agenda. The Committee heard from Lisa Holmes of the Office for the Aging on an evaluation of the Project Care Program. A report was also given by Carol Mallison on McGraw House, which provides housing to senior citizens. Marge Dill, Executive Director of the Human Services Coalition, updated the Committee on the status of programs through the Advocacy Center, Special Children's Center, and the CVSA (Crime Victims of Sexual Assault). Shane Jaynes of the Mental Health Department provided the Committee with a report about the Dual Diagnosis program, which is entirely grant funded. Mr. James coordinates agencies and tries to break down barriers between addiction services and mental-health services. Mr. Deluca, Mental Health Commissioner, provided the Committee with a report on the (Single Room Occupancy) residence and stated this will be a facility with up to 25 beds. This is a program that existed approximately 25 years ago but the building burned down and there has not been a program since that time. Ms. Robertson said there is now State funding for this and Mr. Deluca is very encouraged about making this happen in a very short time. She noted it would only cost $5,000 in local money annually to support 25 individuals with needs for support to live independently. This would greatly help the Emergency Shelter caseload which costs $1 million per year. The Committee will meet tomorrow at 1:30 p.m. and will have a discussion on the Recreation Partnership. Report and Presentation of Resolution(s) from the Communications Capital Projects Committee Mr. Penniman, Vice Chairman, had no report. 281 August 5, 2003 RESOLUTION NO. 166 — TO ADOPT A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE IN REGARD TO TOWER CONSTRUCTION AT THE EMERGENCY RESPONSE CENTER MOVED by Mr. Penniman, seconded by Mr. Totman, and unanimously adopted by voice vote by members present. WHEREAS, pursuant to the State Environmental Quality Review Act, a long environmental assessment form, and a visual assessment form were completed to review potential environmental impacts associated with the construction of a 100' monopole tower at the new Emergency Response Center, and WHEREAS, the Tompkins County Legislature has reviewed the assessment forms for the proposed unlisted action, now therefore be it RESOLVED, on recommendation of the Communications Capital Committee, That the proposed action will result in no significant environmental impacts, RESOLVED, further, That the basis of this decision is set forth in the declaration of non- significance dated July 17, 2003. SEQR ACTION: Unlisted (Full Environmental Assessment form is on file in Clerk's Office) Report from the Space Needs and Location Committee Mr. Proto, Chairman, reported the next meeting will be August 131. Adjournment On motion the meeting adjourned at 9:06 p.m. 282 August 19, 2003 Regular Meeting Public Hearing - Proposed Local Law No. d of 2003 - Authorizing Tompkins County to Join the Catskill Region Off -Track Betting Corporation Chair Joseph called the public hearing to order at 5:30 p.m. concerning proposed Local Law No. d of 2003 - Authorizing Tompkins County to Join the Catskill Region Off -Track Betting Corporation, and asked if anyone wished to speak. Joseph F. Daino of Ithaca spoke in favor of Off -Track Betting, stating that he feels it assists in the elimination of criminal betting activity in communities. He also noted the County has many forms of legalized gambling such as lottery sales and scratch -off tickets, bingo, and others that do not afford the County an income. He further commented that other counties have not had unfavorable reports. Al Becker of West Danby said he is an owner/breeder of thoroughbreds and spoke in favor of Off -Track Betting. He believes the location of the facility would be a factor to consider as the location will determine the class of clientele. Dick Flaville, City of Ithaca, spoke in favor of Off -Track Betting and said he recently visited Cortland's Off -Track Betting facility, noting its cleanliness and positive atmosphere. He commented that the majority of clientele were older citizens, some were Ithaca residents, who were socializing and very low-key. Mr. Flaville said that the County would be missing an opportunity for income if they did not join. He also feels it is a good idea for residents to vote in a referendum. Mr. Joseph, Chair, then explained the matter of Off -Track Betting would not be an agenda item, but will be a topic of discussion and go through the Committee process at a later date. If it was determined to proceed and the Legislature passed a resolution it would then be subject to a permissive referendum, allowing citizens to collect signatures, if desired, to put it to a vote by the residents. If no petition to put it to a public vote is completed it would then become law. No one else wished to speak and the public hearing was closed at 5:41 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 Legislators. Excused: 1 (Legislator Robertson). Proclamation Mr. Joseph presented a proclamation and declared September 2003 as Leukemia, Lymphoma, and Myeloma Awareness Month in Tompkins County. Privilege of the Floor by the Public Mike Raffe of Ithaca spoke of the American Cancer Society's Relay for Life signature fund- raising event, with monies utilized for research, some of which is done at Cornell University. He noted there were 92 teams, 1,700 participants, with in excess of 150 survivors at the event that raised over $200,000. He indicated that the donated time and goods and services were worth almost $450,000. Mr. Raffe said that Tompkins County was one of the top ten fundraisers within the State and expressed his appreciation for the cooperation and assistance of the community. He then spoke of the 26th Empire State Games taking place in Buffalo, New York, where the women's rugby team received their fifth gold medal in six years. The men's team received the Bronze with one individual continuing on to the Inter -territorial Championships, one of the top 100 players in the United States. Mr. Raffe concluded by commending the 283 August 19, 2003 County's emergency response teams and the Emergency Management Coordination during the recent blackout that occurred. He said there are challenges still to face, one of which is a local emergency radio system to provide information. Brian Goodell, President of UAW 2300 and Ithaca resident, spoke in favor of the Living Wage resolution before the Legislature. He feels that it is good fiscal sense that would stimulate the economy with positive effects. Ben Nichols, Town of Ulysses resident, spoke in favor of the Living Wage resolution, noting it is a good step forward and thanked members of the Legislature for bringing it forward. He said anything to assist in helping citizens to be independent should be looked at in a positive manner. Pete Meyers, Living Wage Coalition member, said he was speaking on behalf of many individuals in support of the Living Wage resolution. He thanked members of the Legislature for their consideration of the resolution. Presentation of Distinguished Youth Award Ms. Herrera, District No. 5 Legislator, spoke of the Distinguished Youth Award, reading the criteria and reminding individuals to submit nominees for the award. She then presented this month's Distinguished Youth Award to the Caroline Summer Marketeers comprised of middle and high school students. Ms. Herrera read the letter nominating this group, noting that they develop and implement marketing plans each summer with the intent of fund raising for the community. She highlighted the service work completed this summer, raising funds to assist in planting flowers, terraces, and installing a bench between the two entrances of the Town Hall as part of the anticipated Beautification Grant. In addition they are planning to help the Brooktondale Community Center's capital -improvement plans. Ms. Penny Boynton, advisor, accepted the award and thanked the Legislature for their recognition of the group, noting the group's final report for the summer and will develop a year-long cut flower and craft market for the town. Ms. Boynton spoke of the community's generous donations of materials for the improvements at the Town Hall and the group's intent to "maintain and improve the community for local residents, and plans to maintain this dedication in the future." Privilege of the Floor by Legislators Mr. Penniman, District No. 15 Legislator, thanked individuals who spoke in support of the Living Wage resolution. He then spoke of his initial skepticism regarding Off -Track Betting, noting that upon review of information available he believes it to be a unique opportunity for the County to obtain a share of the proceeds. Mr. Penniman stated it would not be the only game of chance within the County, but the only one which would provide the County with direct revenue, with an estimate of $200,000 or more. He noted Off -Track Betting yields $400,000 to Chenanago County and $1 million to Broome. A resolution regarding Off -Track Betting will be presented to the Budget and Capital Committee on August 26, 2003. Mr. Lane, District No. 14 Legislator, reported his attendance at the 6th Annual Farm and City Day held at the Sherman Farm in Dryden and thanked all involved for making this event a success. He then stated that the blackout occurring this week brought to mind the fact that deregulation of utilities has not saved consumers money through competition or improved services. He expressed his dismay at the loss of jobs recently occurring when New York State Electric and Gas Corporation moved offices to various locations. Mr. Lane then spoke of the Federal level legislation to improve transmission lines that is delayed by special interest group requests. Ms. McBean, District No. 2 Legislator, expressed appreciation to members of the public for their courteous and responsible behavior during the recent blackout, as well as thanking members of emergency services throughout the County and State. Ms. McBean also thanked those who spoke about the ability for the public to request a public vote with regard to Off -Track Betting. 284 August 19, 2003 Mr. Todd, District No. 6 Legislator, said that he wished to make known his anger that a five billion dollar nuclear plant on Long Island was financed and never started up. He spoke of the drastically reduced cost of electricity (slightly over half of our rates) in adjoining states and how it effects businesses. Mr. Todd spoke of the tremendous increase in laying -hens in these states when compared to New York and cited the cost of electricity as the main reason for the larger laying -hen businesses. Mrs. Schuler, District No. 4 Legislator, reported that Tompkins Consolidated Area Transit Employee, Stuart Douglas, played a lead role of The Guy in this month's Hangar Theatre production of "Fixed." Mr. Proto, District No. 7 Legislator, also thanked everyone involved in coordinating emergency services during the recent blackout. He then expressed a desire to allow analysis of the reasons for it prior to forming an opinion on the cause. Mr. Proto then spoke of the personal watercraft (jet ski) resolutions presently being reviewed by a variety of municipalities. He indicated that the Water Resources Council subcommittee dealing with the issue will be certain that all interested parties be heard prior to any legislation being presented. It is not expected that this will be completed until next year. Report from Municipal Official(s) Don Barber, Supervisor, Town of Caroline, thanked the Legislature for recognizing the Caroline Summer Marketeers with the Distinguished Youth Award. Mr. Barber then spoke of the Recreation Partnership, expressing his opinion that while it has not grown it has served a purpose. He spoke of the planned reductions over the course of several years and said he felt rather than slowly eliminate funding that others should determine how to proceed without County funding. Mr. Barber requested the Legislature consider five points: (1) Is public support needed for recreational opportunities?; (2) Is there a long-term benefit in recreation programs that fill in time for at -risk youth with constructive activities?; (3) Is local government funding necessary to provide recreational opportunities or should State and private organizations provide funding?; (4) If the County does not fund and the cost is paid by the municipalities are the taxpayers served by this action?; and (5) Does the County have a role in leveling recreation opportunities throughout the county? Mr. Barber then spoke of the budget, recounting the many times throughout history that citizens expressed discontent with taxation placed upon them. He said that the County is having to tax the property of citizens due to the mandates placed upon them from the State and Federal level through no fault of its own. He said although many discussions have taken place to attempt to find a way to resolve it there has not been any solution to the problem. Mr. Barber feels that if this is the case there is only the option of taxing the people until they show their disapproval to the State. Presentation of Resolution(s) from the Planning, Development and Environmental Ouality Committee RESOLUTION NO. 167 - LIVABLE WAGE POLICY MOVED by Mr. Lane, seconded by Ms. Herrera. Mr. Lane thanked the Committee and Ms. Herrera for bringing the resolution forward as well as members of the Living Wage Coalition and the City of Ithaca's Common Council members involved in the discussions over the past several years and indicated his support of the resolution. He explained that it states the County's opinion on what would be an economic benefit to the low-income citizens of Tompkins County by recommending employers pay a living wage. He stressed it is not mandatory, but indicates the intent that wages be taken into consideration during contract process. Mr. Lane said the resolution also calls for the State to increase the minimum wage to reflect the increased rate of inflation. 285 August 19, 2003 Mr. Totman stated he would not support the resolution as he feels it would eliminate the hiring of youth and elderly citizens in some area businesses. Mr. Winch said while he will not support the resolution; he agrees with state-wide increase of minimum wage. He said that many new businesses cannot afford to pay a higher wage until the business has become stable and through the living -wage resolution it may not be possible for a new business to flourish. Mr. Booth spoke in support of the resolution, saying it urges consideration of a livable wage with the final determination resting with the employer. Ms. Herrera said the resolution expresses community values and the desire to improve wages for citizens. She feels it will bring recognition of the need to pay workers a fair wage and not rely on local tax dollars to supplement low income. Mr. Proto said he had written to State legislators and New York State Association of Counties requesting information on living wage, and to date had received a response from Assemblywoman Lifton's office indicating a lack of data on the subject and would assist in locating information as well as a similar response from Senator Seward's office. He then said Ms. Armstrong at Tompkins County Area Development provided a good deal of information on the subject and he has done quite a bit of research. Mr. Proto said he would like to see a local study on the subject updated regularly. He then said he recognizes that the resolution only makes suggestions to provide a living wage and is not a mandate, however at this time he does not feel he can support the resolution. Ms. Blanchard said that as the Tompkins County Area Development (TCAD) Chair she noted that the goals of the resolution are very close to the stated mission of TCAD and that TCAD has a subcommittee working with livable wage and broader issues such as health care benefits of the working poor. When Ms. Blanchard inquired how it may affect the Industrial Development Agency (IDA), Mr. Lane said he feels it reinforces what the IDA is already doing, taking into consideration all aspects of businesses. Ms. Blanchard then inquired about the procedures the County would be using. Mr. Whicher said that each contract will be reviewed for its merits and that it may be difficult at times due to the regulatory need to select the lowest bidder. Ms. McBean said she is concerned when individuals feel it is necessary to complete a study prior to paying the poor a living wage. She recognized that new businesses cannot pay but as the business becomes a success employers should recognize the importance of increasing wages as they can. Ms. Kiefer spoke in support of the resolution, noting it was just a policy statement with no specific directions. She expressed a desire that Government Operations Committee consider if and how to modify Request for Proposals and bid documents to require information to be provided to prospective contract holders regarding this policy. A roll call vote resulted as follows: Ayes - 10 (Legislators Blanchard, Booth, Herrera, Joseph, Kiefer, Koplinka-Loehr, Lane, McBean, Penniman, and Schuler); Noes - 4 (Legislators Proto, Todd, Totman, and Winch); Excused - 1 (Legislator Robertson). RESOLUTION ADOPTED. WHEREAS, the Tompkins County Legislature believes that any person who works full time should be able to support themselves on their earnings, and WHEREAS, the State and Federal governments have failed to keep the minimum wage at a level sufficient to maintain self-sufficiency, and WHEREAS, Alternatives Federal Credit Union has researched what constitutes a livable wage in Tompkins County and regularly updates their study, and WHEREAS, the concept of a livable wage has gained increasing respect and acceptance, both locally and nationally, as a valuable guideline for economic well being, and WHEREAS, Tompkins County has demonstrated its commitment to livable wages by ensuring that its own employees are paid a livable wage and by undertaking an initiative to facilitate wage increases for persons employed by human service agencies working under County contracts or grants, and WHEREAS, Tompkins County awards many contracts to provide services to the public and to County government, and WHEREAS, Tompkins County engages in a number of programs and initiatives to promote economic development, now therefore be it 286 August 19, 2003 RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee, That the Tompkins County Legislature establishes one of the goals of economic development as increasing the percentage of County residents who are able to support themselves on their own earnings, RESOLVED, further, That it shall be the policy of Tompkins County to consider the wage levels and benefits, particularly health care, provided by contractors when awarding bids or negotiating contracts, and to encourage the payment of livable wages whenever practical and reasonable, RESOLVED, further, That Tompkins County urges all employers to make a good -faith effort to pay all of their employees at least a livable wage, RESOLVED, further, That Tompkins County urges our representatives in State and Federal government to support a significant increase in the minimum wage. SEQR ACTION: TYPE II -20 Presentation of Resolution(s) from the Budget and Capital Committee RESOLUTION NO. 168 - APPROVAL OF TOMPHINS CORTLAND COMMUNITY COLLEGE CAMPUS MASTER PLAN AMENDMENT MOVED by Mr. Penniman, seconded by Mrs. Schuler. Mr. Penniman said the resolution reflects an increase in costs associated with the Tompkins Cortland Community College's Master Plan and the funds are expected to be obtained through the State as well as private funding. Mr. Proto asked why there was such a significant difference ($2,000,000). Dr. Haynes, President of Tompkins Cortland Community College, replied that it is due to the more detailed analysis of the plan. A voice vote on the resolution resulted as follows: Ayes - 14, Noes - 0; Excused - 1 (Legislator Robertson). RESOLUTION ADOPTED. WHEREAS, via Resolution No. 250 adopted on November 7, 2001, the Tompkins County Legislature approved Tompkins Cortland Community College's campus master plan in the amount of $21,000,000, and WHEREAS, the State University of New York provided state dollars for the design of Phase I of the master plan which was matched with out -of -county chargeback dollars, and WHEREAS, detailed cost estimates have been completed as part of the design work for Phase I and in spite of efforts to curtail costs, it is increasingly evident that the original plan was seriously underestimated, and WHEREAS, the College has sought advice from the State University of New York and has been advised to submit an amendment to the current master plan requesting the need for additional monies, and WHEREAS, the local share of these additional monies will be supported by private fund raising and will not require local support beyond the level of the College's original proposed plan, now therefore be it RESOLVED, on recommendation of the Budget and Capital Committee, That the campus master plan with a revised estimated cost of $23,000,000 be adopted by the Tompkins County Legislature as the formal plan for future renovations and modifications to the campus, RESOLVED, further, That the Tompkins County Legislature commits to bond for the sponsor share subject to notification that the State University of New York has approved its commitment to fund the projects as outlined in the amended master plan, RESOLVED, further, That this resolution shall become effective upon adoption of a concurrent resolution by the Cortland County Legislature. SEQR ACTION: TYPE II -20 287 August 19, 2003 RESOLUTION NO. 169 - APPROVAL OF TOMPKINS CORTLAND COMMUNITY COLLEGE FACULTY ASSOCIATION AGREEMENT FOR THE YEARS 2003-2008 MOVED by Mr. Penniman, seconded by Mr. Booth. Mr. Koplinka-Loehr expressed his gratitude for the work done by the negotiating committees and stated he could not support the resolution in light of the economic climate. Mr. Lane said he represented the Legislature on the negotiating committee and urged support of the resolution and contract. He said that the college team has worked extremely hard to develop a budget and agreement that would best assist the economic goals of the college while meeting the needs and desires of staff. A short roll call vote resulted as follows: Ayes - 12 (Legislators Blanchard, Booth, Herrera, Joseph, Kiefer, Lane, McBean, Proto, Schuler, Todd, Totman, and Winch); Noes - 2 (Legislators Koplinka-Loehr, and Penniman); Excused - 1 (Legislator Robertson). RESOLUTION ADOPTED. WHEREAS, the contractual agreement between Tompkins Cortland Community College and the Faculty Association expires August 31, 2003, and WHEREAS, the College negotiating committee, comprised of representatives of the College administration and the sponsoring counties, met in collective bargaining with representatives of the Faculty Association, and WHEREAS, the negotiating teams reached agreement, and WHEREAS, the Board of Trustees of Tompkins Cortland Community College accepts the report of the negotiating teams and recommends the proposed agreement to the Cortland and Tompkins County legislative bodies for their approval, now therefore be it RESOLVED, on recommendation of the Budget and Capital Committee, That the Tompkins County Legislature hereby approves the above said agreement, 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. 170 - APPROVAL OF TOMPKINS CORTLAND COMMUNITY COLLEGE PROFESSIONAL ADMINISTRATORS ASSOCIATION AGREEMENT FOR THE YEARS 2003-2008 MOVED by Mr. Penniman, seconded by Mr. Totman. Mr. Koplinka-Loehr stated he would not support the resolution due to the economic climate and pending negotiations for the County's staff. Mr. Proto asked if there was any areas of concern within the contract making Mr. Koplinka-Loehr hesitant. Mr. Koplinka-Loehr spoke of the costs being a 2.92% cost increase over the course of the years, as well as some give -backs. A short roll call vote resulted as follows: Ayes - 12 (Legislators Blanchard, Booth, Herrera, Joseph, Kiefer, Lane, McBean, Proto, Schuler, Todd, Totman, and Winch); Noes - 2 (Legislators Koplinka-Loehr, and Penniman); Excused - 1 (Legislator Robertson). RESOLUTION ADOPTED. WHEREAS, the contractual agreement between Tompkins Cortland Community College and the Professional Administrators Association expires August 31, 2003, and WHEREAS, the College negotiating committee, comprised of representatives of the College administration and the sponsoring counties, met in collective bargaining with representatives of the Professional Administrators Association, and WHEREAS, the negotiating teams reached agreement, and WHEREAS, the Board of Trustees of Tompkins Cortland Community College accepts the report of the negotiating teams and recommends the proposed agreement to the Cortland and Tompkins County legislative bodies for their approval, now therefore be it 288 August 19, 2003 RESOLVED, on recommendation of the Budget and Capital Committee, That the Tompkins County Legislature hereby approves the above said agreement, 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 Chair's Report Mr. Joseph, Chair, said he had no report. County Administrator's Report Mr. Whicher, County Administrator, said the special committee formed to review candidates for Commissioner of Social Services has been making progress, narrowing the field of candidates. He said Legislative members participation for the oral presentation of the final three candidates was anticipated and the tentative date is October 7, 2003 from 1:00 - 5:00 p.m. Mr. Whicher spoke of the anticipated budget increase, stating that subsequent to review with departments and adjusting capital programs the figure is approximately a 28% increase. He said this figure is close to last year's budget, however, unlike last year he feels there is less flexibility in programs and departments for additional reductions. Mr. Proto asked if there are areas of the budget that could be sent back to the State level to assist in reducing the potential increase in property tax. Mr. Whicher gave several examples such as road patrol or environmental health, noting that the response time and services that would occur would most likely result in residents of the County expressing displeasure. Mr. Proto inquired whether a list of potential cuts could be provided; Mr. Whicher said he will attempt to provide a summary for the Legislators. Mr. Booth said that a point to emphasize was the fact that the 47% increase was not in any form a "wish list" but the funding required to continue to provide the current services. Mr. Whicher reported on the recent Emergency Management experience due to the blackout, stating that the training completed subsequent to 9-11's emergency was outstanding. He said responsible individuals reported like clock -work to necessary personnel, information relative to the County buildings was kept up-to-date, and reports received in a timely basis. Mr. Whicher also commented on the calm, responsible manner citizens of the County dealt with the loss of traffic lights and ability to conduct business during this time. County Attorney's Report Mr. Wilson, Deputy County Attorney, did not have a report. Director of Finance's Report Mr. Squires, Director of Finance, reported on the sales tax revenue, indicating that at this time receipts are comparable to this time last year, with an estimated revenue for the year of $22.3 million. He then said that within the next month the County will be going out to the fmancial market for two separate bonding issues; one for $2 million for the Emergency Response Center communications system, and $800,000 for the Public Safety Building study. Mr. Squires then reported that at the next Budget and Capital Committee meeting he expected to discuss the consideration of securitizing the remaining tobacco settlement. He said there are some possible strategies that may assist during budgeting processes in the future. Addition of Resolution(s) to the Agenda There were no resolutions added to the agenda. 289 August 19, 2003 Withdrawal of Resolution(s) from the Agenda Chair Joseph gave the appropriate committee chair permission to withdraw the following resolution(s) from the agenda: Re -Affirmation of County Membership in the Recreation Partnership Approval of Resolution(s) and Appointment(s) Under the Consent Agenda It was MOVED by Mr. Booth, seconded by Mrs. Schuler, and unanimously adopted by voice vote by members present, to approve the following resolution(s) under the Consent Agenda: RESOLUTION NO. 171 - REDUCTION OF HOURS FOR PUBLIC INFORMATION COORDINATOR - COUNTY ADMINISTRATION MOVED by Mr. Booth, seconded by Mrs. Schuler, and unanimously adopted by voice vote by members present, under the Consent Agenda. WHEREAS, a reduction in hours is sought by the Public Information Coordinator, and WHEREAS, the reduction will result in minimal loss of core services to County Administration, other County departments, and the Legislature, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That one (1) position of Public Information Coordinator, labor grade M, is hereby reduced from 40.0 hours to 35.0 hours effective August 31, 2003. SEQR ACTION: TYPE II -20 RESOLUTION NO. 172 - AUTHORIZATION TO ACCEPT AN AWARD OF A GRANT FROM THE NEW YORK STATE ARCHIVES OF THE STATE EDUCATION DEPARTMENT MOVED by Mr. Booth, seconded by Mrs. Schuler, and unanimously adopted by voice vote by members present, under the Consent Agenda. WHEREAS, the Personnel Department has been notified of a grant award from New York State Archives in the amount of $35,895, known as Local Government Records Management Improvement Fund (LGRMIF) grant, and WHEREAS, the County Clerk has legal responsibility for Records Management, and WHEREAS, staff of the Personnel Department has been working cooperatively with the County Clerk to archive County records, and WHEREAS, the LGRMIF grant represents an effort to inventory and archive County records and assess the current status of the Records Management Program, now therefore be it RESOLVED, on recommendation of the Government Operations 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 2003: BUDGET ADJUSTMENT Revenue: A1460.43389 State Aid $35,895 Appropriation: A1460.51000 Payroll $26,203 A1460.58800 Fringes $ 9,692 290 August 19, 2003 RESOLVED, further, That this grant cycle runs from July 1, 2003, through June 30, 2004, and a budget adjustment will be made in 2004 for any unspent funds in 2003. SEQR ACTION: TYPE 11-20 RESOLUTION NO. 173 - INTERGOVERNMENTAL COOPERATION FOR IMPLEMENTATION OF PHASE H STORMWATER REGULATIONS MOVED by Mr. Booth, seconded by Mrs. Schuler, and unanimously adopted by voice vote by members present, under the Consent Agenda. WHEREAS, Phase II Stormwater Regulations have been promulgated by the United States Environmental Protection Agency and the New York State Department of Environmental Conservation to reduce the effects of stormwater runoff on local water bodies, and WHEREAS, the Phase II Stormwater Regulations require that all owners and operators of separate storm sewer systems implement a Storm Water Management Plan (SWMP) that identifies specific actions that will be taken to reduce the negative impacts of stormwater runoff, and WHEREAS, Tompkins County owns and operates a separate storm sewer system as defined by the Phase II Stormwater Regulations and has developed a SWMP, and WHEREAS, the New York State Department of Environmental Conservation strongly encourages intergovernmental and intermunicipal coordination and collaboration in SWMP implementation, including applications for funding to implement SWMP's, and WHEREAS, the New York State Department of Environmental Conservation has issued a Call for Applications for funding that may be used to implement SWMP's, now therefore be it RESOLVED, on recommendation of Planning, Development and Environmental Quality and Facilities and Infrastructure Committees, That the County of Tompkins will cooperate with the other owners and operators of separate storm sewer systems, including the municipalities and school districts in the urbanized area of Tompkins County, in seeking funding and implementing SWMP's and other activities to control stormwater runoff and its impacts on local water bodies. SEQR ACTION: TYPE II -20 RESOLUTION NO. 174 - AUTHORIZATION FOR SOCIAL SERVICES TO CONTRACT WITH F.M. BLAKE AND ASSOCIATES TO ESTABLISH AND MAINTAIN SSI ELIGIBILITY FOR CERTAIN FOSTER CHILDREN - BUDGET APPROPRIATION — DEPARTMENT OF SOCIAL SERVICES Moved by Mr. Booth, seconded by Mrs. Schuler, and unanimously adopted by voice vote by members present, under the Consent Agenda. WHEREAS, certain foster children under the Department of Social Services care are likely to be found eligible for Federal SSI benefits if an application were made on their behalf, and WHEREAS, depending on the particular combination of each foster child's care needs and eligibility for other Federal reimbursement, Social Services' net local cost for some cases will be reduced if SSI eligibility were established and assigned benefits accepted, and WHEREAS, the Department of Social Services has neither the resources nor the expertise to establish and maintain SSI eligibility for these clients, and WHEREAS, a consultant with unique expertise and experience in this area, F.M. Blake and Associates, Lewiston, Idaho, is willing to perform those services on a contingency fee basis, qualifying for payment only upon successfully establishing SSI eligibility for the foster child, and 291 August 19, 2003 WHEREAS, this arrangement could result in a significant reduction in the net local cost of certain foster care cases in exchange for a nominal additional administrative expense, now therefore be it RESOLVED, on recommendation of the Health and Human Services and Budget and Capital Committees, That the Department of Social Services is authorized to contract with F.M. Blake and Associates for a cost not to exceed $19,880 for the purpose described above, RESOLVED, further, That the Director of Finance is authorized to make the following adjustments to Social Services 2003 budget: Revenue: .599 Appropriated Fund Balance $19,880 Appropriation: 6010.54442 Professional Services $19,880 SEQR ACTION: TYPE II -20 Appointment(s) It was MOVED by Mr. Booth, seconded by Mrs. Schuler, and unanimously adopted by voice vote by members present, to approve the following appointment(s) under the Consent Agenda: Tompkins County Youth Board Jude Keith Rose - City of Ithaca representative; term expires December 31, 2005 Mental Health Subcommittee Adrienne Lampert - Consumer representative; term expires December 31, 2005 Report and Presentation of Resolution(s) from the Public Safety Committee Ms. Blanchard, Chair, reported the Committee will meet on August 21, 2003, and will feature a presentation from the Department of Emergency Response outlining responsibilities as well as details relating to the recent blackout and the need for radio station coverage during power outage emergencies. RESOLUTION NO. 175 - APPROPRIATION FROM CONTINGENT FUND FOR REPLACEMENT PAY AT THE SHERIFF'S OFFICE MOVED by Ms. Blanchard, seconded by Mr. Totman, and unanimously adopted by voice vote by members present. RESOLUTION ADOPTED. WHEREAS, the Sheriff's Office has employees who were on disability, compensation and/or suspended and unable to perform their duty, and WHEREAS, the Fiscal Policy of Tompkins County allows for such replacement pay from the Contingent Fund for employees who have been out longer than two months, 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 $66,289 to the Sheriff's budget for replacement pay encompassing the period of January 1, 2003 — June 30, 2003, RESOLVED, further, That the money be distributed to the following accounts: FROM: A1990.54440 Contingent Fund $66,289 TO: Uniform Division A3113.51000 Regular Pay $26,084 A3113.51800 Fringe $ 7,043 Corrections A3150.51000 Regular Pay $26,112 A3150.58800 Fringe $ 7,050 SEQR ACTION: TYPE II -20 292 August 19, 2003 Report from the Facilities and Infrastructure Committee Mr. Booth, Chair, reported that the bids received for a new Air Rescue Fire Fighting truck were much higher than anticipated due to the Federal Aviation Association requirements for this type of vehicle, which is produced by only two firms. He also reported that at the recent Public Works Cabinet meeting the Facilities and Infrastructure Committee goal of emergencies related to County facilities was discussed. Division Heads took the first cut at listing considerations relative to emergency preparedness. A concise version of this information will be provided to the Committee upon completion. One item that had been mentioned was the need for large generators to operate facilities that may house individuals during an emergency. Report from the Consumer and Community Affairs Committee Ms. Kiefer, Chair, had no report and said the Committee will meet on Wednesday, August 20, 2003, and will begin discussions on the initial 2004 budget requests with Departments. An update on the Neighbor Notification Law will also be provided to the Committee. Report and Presentation of Resolution(s) from the Government Operations Committee Mr. Koplinka-Loehr, Chairman, reported the Committee met August 14, 2003, and discussed the productive inter -departmental work done with the Department of Motor Vehicles. He said signage and cross -training of employees to cover staff shortages was undertaken to assist in best serving the public. Mr. Koplinka-Loehr also reported the Committee reviewed the rules of the Legislature as well as the Human Rights Commission annual report, and dates for the Committee budget reviews were set. RESOLUTION NO. 176 - RATIFICATION OF BARGAINING AGREEMENT BETWEEN TOMPKINS COUNTY AND THE EMPLOYEES' UNION OF THE TOMPKINS COUNTY SHERIFF'S DEPARTMENT MOVED by Mr. Koplinka-Loehr, seconded by Ms. Herrera. A short roll call vote resulted as follows: Ayes - 14, Noes - 0, Excused - 1 (Legislator Robertson). RESOLUTION ADOPTED. WHEREAS, negotiations have been ongoing since the previous contract expired February 28, 2001, now therefore be it RESOLVED, That the March 1, 2001 - February 28, 2004, agreement between Tompkins County and the Employees' Union of the Tompkins County Sheriffs Department is hereby ratified. SEQR ACTION: TYPE I1-20 Report and Presentation of Resolution(s) from the Planning. Development and Environmental Quality Committee Mr. Lane, Chair, reported the Committee met on August 6, 2003, and discussed the Living Wage Policy Resolution as well as hearing a report regarding the Strategic Tourism Planning Capital Grants. He reported Mr. deAragon, of the Ithaca/Tompkins County Transportation Council, provided information on the ongoing work of the long-range plan for the State, County, and municipalities. The topic of a county- wide trail system as an economic benefit for the County was discussed, noting that it would perhaps increase tourism for parties interested in bicycle trails in the County. Mr. Lane said information on the aquifer studies funding was presented with sixteen potential projects to review. He then said that the STOP -DWI program's reconfiguration might possibly be integrated with the Planning Department and discussions will continue on the subject. 293 August 19, 2003 RESOLUTION NO. 177 — AWARD OF TOURISM CAPITAL GRANTS FROM ROOM OCCUPANCY TAX FUND MOVED by Mr. Lane, seconded by Mr. Penniman. Mr. Proto asked what the process was in determining award of the grants. Ms. Blanchard and Mr. Penniman stated that a special Tompkins County Area Development (TCAD) committee was formed of a variety of community members, with the suggested grant recipients information being forwarded directly to the Strategic Tourism Planning Board (STPB). Mr. Proto clarified the grants were not guaranteed to be awarded annually. Mr. Lane stated that the funds are anticipated to increase over time, with each year's request being reviewed. He said he feels it may be possible that grant awards may be given to the same recipients in subsequent years if the income increases as anticipated. Mr. Proto stated his desire to see annual reports on how the funding was spent in previous years in these instances. Mr. Penniman noted it is the first year of this program and thanked Ms. Armstrong for her assistance in developing the process for these grants funded through room tax. He also noted the intention is not to commit more than one-half of the proceeds for multi-year projects to provide funding for other projects. Ms. Kiefer said that one project recommended by TCAD, a feasibility study for a trolley line to connect East Hill to downtown, was not approved by STPB. She felt the study was an appropriate request for grant funds and moved in committee to spend the remaining funds for that feasibility study, but received no second. Mr. Lane said that he felt the Committee would like to see more information on how the benefits of the study might be more expansive. Mrs. Schuler asked for more detail on the Sciencenter's mini -golf course and was informed that it would include scientific components and was targeting the older students. A voice vote resulted as follows: Ayes - 14, Noes - 0, Excused - 1 (Legislator Robertson). RESOLUTION ADOPTED. WHEREAS, Resolution No. 147 of 2003, authorized the County to enter into an agreement with Tompkins County Area Development (TCAD) to administer the Tourism Capital Grants Process, which included designing the application process, reviewing and analyzing the feasibility and economic impact of tourism projects, and providing oversight for tourism projects, and WHEREAS, funding exists within the Room Tax Occupancy budget for Tourism Capital Grants, and WHEREAS, TCAD reviewed the following projects with the Strategic Tourism Planning Board (STPB), and the STPB anticipates that the following projects will encourage the development of tourism products and attractions in order to increase the tourism business in the County and to increase the income from the Room Occupancy tax, and the grant awards have been reviewed and recommended by the STPB, now therefore be it RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee, That the County Administrator or his designee is authorized to sign all documents related to these projects: Entity Project 2003 Expense 2004-2008 Expense Total 5 -Yr PRI - (Museum of the Earth) Building Expansion $25,000 Yr 2-5: $15,000- $85,000- $25,000 $125,000 Historic Ithaca Sciencenter State Theatre - Phase 2 $25,000 Yr 2-5: $15,000- $85,000- $25,000 $125,000 Mini -golf Course $15,000 Yr. 2: $10,000 $ 25,000 Hangar Theatre Feasibility Study: 294 August 19, 2003 Winter Program $9,000 SEQR ACTION: TYPE II -20 Report and Presentation of Resolution(s) from the Budget and Capital Committee Mr. Penniman, Chair, said the Committee met on August 12, 2003. He commented on the Off - Track Betting process, noting that the County may join by either resolution or local law, with it being suggested by the Off -Track Betting Corporation to utilize a resolution. He said the public can petition for a referendum if desired after it comes back to the Legislature for a vote. At that time there is a forty-five day period for individuals to pass a petition for a referendum. If this occurs it would not occur until next year's general election unless a special election were held. Mr. Wilson, Deputy County Attorney, clarified that it could occur this year if the petition was filed within the proper timeframe. He specified that there are forty-five days to obtain the petition, with a requirement of the vote not taking place until sixty days after filing of the petition. At that time the Legislature has the choice of placing it on the general election ballot this year, having a special election at a later date, or the 2004 general election. Mr. Penniman asked members of the Legislature to review the draft calendar for the expanded budget review process and requested members to notify him of conflicts. RESOLUTION NO. 178 - EXTENSION OF ONE -PERCENT SALES TAX FOR TWO YEARS - INCREASING TAXES ON SALES AND USES OF TANGIBLE PERSONAL PROPERTY AND OF CERTAIN SERVICES, AND ON OCCUPANCY OF HOTEL ROOMS AND AMUSEMENT CHARGES PURSUANT TO ARTICLE 29 OF THE TAX LAW OF THE STATE OF NEW YORK IN ORDER TO EXTEND THE EFFECTIVE DATE THROUGH NOVEMBER 30, 2005 MOVED by Mr. Penniman, seconded by Ms. Kiefer. A roll call vote resulted as follows: Ayes - 12 (Legislators Blanchard, Booth, Herrera, Joseph, Kiefer, Koplinka-Loehr, Lane, McBean, Penniman, Todd, Totman, and Winch), Noes - 2 (Legislators Proto and Schuler), Excused - 1 (Legislator Robertson). RESOLUTION ADOPTED. Be it enacted by the Tompkins County Legislature of the County of Tompkins, on recommendation of the Budget and Capital Committee, as follows: SECTION I. The first sentence of section two of Resolution No. 256A as enacted in nineteen hundred sixty-six, as amended, is amended to read as follows: SECTION 2. Imposition of sales tax. On and after March first, nineteen hundred and sixty-seven, there is hereby imposed and there shall be paid a tax of three percent upon, and for the period commencing December 1, 1992, and ending November 30, 2005, there is hereby imposed and there shall be paid an additional tax of one percent upon: SECTION 2. Subdivision (f) of section three of Resolution No. 256A as enacted in nineteen hundred sixty-six, as amended, is amended to read as follows: (f) With respect to the additional tax of one percent imposed for the period commencing December 1, 1992, and ending November 30, 2005, the provisions of subdivisions (a), (b), (c), (d) and (e) of this section apply, except that for the purposes of this subdivision, all references in said subdivisions (a), (b), (c) and (d) to an effective date shall be read as referring to December 1, 1992, all references in 295 August 19, 2003 said subdivision (a) to the date four months prior to the effective date shall be read as referring to August 1, 1992, and the reference in subdivision (b) to the date immediately preceding the effective date shall be read as referring to November 30, 1992. Nothing herein shall be deemed to exempt from tax at the rate in effect prior to December 1, 1992, any transaction which may not be subject to the additional tax imposed effective on that date. SECTION 3. Section four of Resolution No. 256A as enacted in nineteen hundred sixty-six, as amended, is amended to read as follows: SECTION 4. Imposition of compensating use tax. (a) Except to the extent that property or services have already been or will be subject to the sales tax under this enactment, there is hereby imposed on every person a use tax for the use within this taxing jurisdiction on and after December 1, 1992, except as otherwise exempted under this enactment, (A) of any tangible personal property purchased at retail, (B) of any tangible personal property (other than computer software used by the author or other creator) manufactured, processed or assembled by the user, (i) if items of the same kind of tangible personal property are offered for sale by him in the regular course of business or (ii), if items are used as such or incorporated into a structure, building or real property, by a contractor, subcontractor or repairman in erecting structures or buildings, or building on, or otherwise adding to, altering, improving, maintaining, servicing or repairing real property, property or land, as the terms real property, property or land are defined in the real property tax law, if items of the same kind are not offered for sale as such by such contractor, subcontractor or repairman or other user in the regular course of business, (C) of any of the services described in paragraphs (1), (7) and (8) of subdivision (c) of section two, (D) of any tangible personal property, however acquired, where not acquired for purposes of resale, upon which any of the services described under paragraphs (2), (3) and (7) of subdivision (c) of section two have been performed, (E) of any telephone answering service described in subdivision (b) section two and (F) of any computer software written or otherwise created by the user if the user offers software of a similar kind for sale as such or as a component part of other property in the regular course of business. (b) For purposes of clause (A) of subdivision (a) of this section, for the period commencing December 1, 1992, and ending November 30, 2005, the tax shall be at the rate of four percent, and on and after December 1, 2005, the tax shall be at the rate of three percent, of the consideration given or contracted to be given for such property, or for the use of such property, including any charges for shipping or delivery as described in paragraph three of subdivision (b) of section one, but excluding any credit for tangible personal property accepted in part payment and intended for resale. (c) For purposes of subclause (i) of clause (B) of subdivision (a) of this section, for the period commencing December 1, 1992, and ending November 30, 2005, the tax shall be at a rate of four percent, and on and after December 1, 2005, the tax shall be at the rate of three percent, of the price at which items of the same kind of tangible personal property are offered for sale by the user, and the mere storage, keeping, retention or withdrawal from storage of tangible personal property by the person who manufactured, processed or assembled such property shall not be deemed a taxable use by him. (d) For purposes of subclause (ii) of clause (B) of subdivision (a) of this 'section, for the period commencing December 1, 1992, and ending November 30, 2005, the tax shall be at the rate of four percent, and on and after December 1, 2005, the tax shall be at the rate of three percent, of the consideration given or contracted to be given for the tangible personal property manufactured, processed or assembled into the tangible personal property the use of which is subject to tax, including any charges for shipping or delivery as described in paragraph three of subdivision (b) of section one. (e) Notwithstanding the foregoing provisions of this section, for purposes of clause (B) of subdivision (a) of this section, there shall be no tax on any portion of such price which represents the value added by the user to tangible personal property which he fabricates and installs to the specifications of an addition or capital improvement to real property, property or land, as the terms real property, property or land are defined in the real property tax law, over and above the prevailing normal purchase price prior to such fabrication of such tangible personal property which a manufacturer, producer or assembler would charge an unrelated contractor who similarly fabricated and installed such tangible personal property to the specifications of an addition or capital improvement to such real property, property or land. 296 August 19, 2003 (f) For purposes of clauses (C), (D) and (E) of subdivision (a) of this section, for the period commencing December 1, 1992, and ending November 30, 2005, the tax shall be at the rate of four percent, and on and after December 1, 2005, the tax shall be at the rate of three percent, of the consideration given or contracted to be given for the service, including the consideration for any tangible personal property transferred in conjunction with the performance of the service and also including any charges for shipping and delivery of the property so transferred and of the tangible personal property upon which the service was performed as such charges are described in paragraph three of subdivision (b) of section one. (g) For purposes of clause (F) of subdivision (a) of this section, for the period commencing December 1, 1992, and ending November 30, 2005, the tax shall be at the rate of four percent, and on and after December 1, 2005, the tax shall be at the rate of three percent, of the consideration given or contracted to be given for the tangible personal property which constitutes the blank medium, such as disks or tapes, used in conjunction with the software, or for the use of such property, and the mere storage, keeping, retention or withdrawal from storage of computer software described in such clause (F) by its author or other creator shall not be deemed a taxable use by such person. SECTION 4. Subdivision (1) of section 11 of Resolution No. 256A as enacted in nineteen hundred sixty-six, as amended, is amended to read as follows: (1)(A) In respect to the use of property used by the purchaser in this County prior to March 1, 1967. (B) With respect to the additional tax of one percent imposed for the period commencing December 1, 1992, and ending November 30, 2005, in respect to the use of property used by the purchaser in this County prior to December 1, 1992. SECTION 5. This enactment shall take effect on December 1, 2003. SEQR ACTION: TYPE II -20 RESOLUTION NO. 179 - SCHEDULING A PUBLIC HEARING ON THE 2004 TOMPIONS COUNTY BUDGET AND THE 2004-2008 TOMPKINS COUNTY CAPITAL PROGRAM MOVED by Mr. Penniman, seconded by Mr. Winch, and unanimously adopted by voice vote by members present. WHEREAS, the 2004 Tompkins County Budget and the 2004 — 2008 Tompkins County Capital Program are scheduled to be adopted on November 18, 2003, now therefore be it RESOLVED, on recommendation of the Budget and Capital Committee, That a public hearing be held before the Tompkins County Legislature at Boynton Middle School located at 1601 North Cayuga Street, Ithaca, New York on Monday, November 10, 2003, at 7:00 o'clock in the evening thereof concerning the review of the 2004 Tompkins County Budget and the 2004-2008 Tompkins County Capital Program. At such time and place all persons interested in the subject matter will be heard concerning the same, RESOLVED, further, That the Clerk of the Legislature 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 Health and Human Services Committee Mrs. Schuler, Vice Chair, reported the Committee met on August 6, 2003, with resolutions on the agenda reflecting the majority of the Committee's work. The Committee discussed the Recreation Partnership with municipal officials who requested the County assist in funding this year with the municipalities funding the balance of the budget. This resolution is tabled until the next Legislative meeting. The Committee also had a presentation from the Day Care Council's Early Education Partnership as well as hearing information about the Day Care Council's work, and an update of the 297 August 19, 2003 single -room occupancy needs of the County from Mr. DeLuca, Mental Health Commissioner. The next meeting of the Committee will include a discussion of housing needs with Cornell's administrator in charge of student housing, and a professor in Cornell's Department of City and Regional Planning, on the topic of affordable housing. RESOLUTION NO. 180 - INCREASING DAYCARE AND CHILD DEVELOPMENT COUNCIL CONTRACT FOR HEALTHY FAMILIES PROGRAM TO 2002 LEVEL - BUDGET ADJUSTMENT — DEPARTMENT OF SOCIAL SERVICES MOVED by Mrs. Schuler, seconded by Ms. Kiefer, and unanimously adopted by voice vote by members present. WHEREAS, as a result of actions taken by the Tompkins County Legislature and the Tompkins County Department of Social Services during the 2003 budget process, the value of several contracts for at -risk children and youth was significantly reduced, and WHEREAS, one program that was reduced in value and services was the Healthy Families Program provided by the Day Care and Child Development Council, and WHEREAS, the Healthy Families Program of the Day Care and Child Development Council serves families in Tompkins County who are pregnant or who have an infant less than two months of age and has repeatedly demonstrated that it is a valuable tool for the Department and the community in promoting healthy families, stable environments and self sufficiency, and WHEREAS, changes in the New York State budget revitalized an option for financing preventive services for families and children which had become moot during the existence of the previous New York State method of financing preventive services for families and children, and WHEREAS, this option provides the Department of Social Services with an opportunity to utilize private, non-governmental or tax levy funds to partially offset the local cost of such programs, and WHEREAS, the Department has been working with various agencies and private funders to take advantage of this opportunity to use private dollars to maintain, create or expand services to at -risk families and children, and WHEREAS, an amount of such private "donated funds" has now become available, and WHEREAS, the United Way of Tompkins County, its Executive Director and governing Board have demonstrated courageous community leadership in agreeing to donate these funds as well as a matching grant of $2,000 for the purposes of maintaining community services to at -risk children and families, and WHEREAS, the United Way of Tompkins County and the Tompkins County Department of Social Services have completed the discussions required for the United Way to donate and for the Department of Social Services to accept these donated funds, and WHEREAS, the Dispositional Alternatives Program (DAP) was the first to be assisted by this funding formula, and WHEREAS, the United Way added an additional $2,000 to the grant that the Department received and it would now like to use those funds to underwrite a restoration of funding for the Day Care and Child Development Council's Healthy Families Program of which such formula will reduce the administrative burden for the Department of Social Services and the Day Care and Child Development staff, now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, That the Department of Social Services is authorized to use the $2,000 in donated funds from the United Way to maximize donations and funding formulas to restore the Healthy Families Program to its 2002 level of funding, RESOLVED, further, That, effective September 1, 2003, the amount of the Social Services' 2003 contract with the Day Care and Child Development Council for the Healthy Families Program be amended so that the total contract value will be $81,884 with no additional local tax dollars required to support this program, 298 August 19, 2003 RESOLVED, further, That the Finance Director is authorized make the following adjustments to the Social Services 2003 budget: Appropriation: 6070.54400 Purchase of Services $10,181 Revenue: 6070.42705 Gifts & Donations $ 2,000 6070.44670 Federal $ 4,409 6070.43670 State $ 3,772 SEQR ACTION: TYPE II -20 Explanation: The State Fiscal Year 2002 - 2003 budget created, (and the State Fiscal year 2003 - 2004 budget has continued), a 65 percent net -of -federal funding system for Preventive services to children and families. The existence of this funding, after nearly ten years of a capped appropriation, made it possible for social service agencies to revisit the financing of some programs. The regulations allow that up to 17.5 percent of total program costs for Preventive Services families may be comprised of private funds, if certain restrictions are met. These private funds leverage both State and Federal revenue and offset what would otherwise be a local tax levy expense to support the program. Report from the Communications Capital Projects Committee Ms. Blanchard, Chair, said the Committee has not met, the next meeting will be on August 27, 2003, at 2:30 p.m. Report from the Space Needs and Location Committee Mr. Proto, Chairman, reported the Committee met on August 13, 2003, with a presentation of an elaboration of the Space Use Master Plan and a discussion of long-term needs of the County. He said any discussion relating to items affected by budget constraints have been tabled as the Committee is charged with reviewing the needs of the County over a two to five year span. At this time the Committee is attempting to determine criteria for finding locations, building new facilities, operational requirements, and related client and fiscal impacts for future needs. Mr. Proto said that the County Historian's need for space is a primary concern and that the Committee will be presenting options to the County to accommodate these needs. He also stated that there are discussions regarding the needs of the County Office for the Aging, the Health Department potential relocation, and continually evaluating needs of these departments. Mr. Proto said one item to clarify is the needs of the court system within the Courthouse. The next meeting will occur on September 10, 2003. Adjournment On motion the meeting adjourned at 7:36 p.m. 299 September 2, 2003 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 Legislators. Proclamations Mr. Joseph presented the following proclamations: • Community Dispute Resolution Center Month - September 2003, to Judy Saul, Executive Director, who thanked the Legislature and extended an invitation to the Twentieth Anniversary Celebration to be held on September 18, 2003. • Sheriffs Week in Tompkins County - September 14 - 20, 2003, to Sheriff Meskill, who also thanked the County Legislature. Privilege of the Floor by the Public Ron Flynn, Brian Wilbur, and Kenneth Lansing, representing emergency service personnel within the County, read the following statement: "Honorable members of the Legislature: "Eight months ago, the stark reality of the January 3-4, 2003 storm, a storm that hit us all right between the eyes is still fresh. The recent rash of storms and power outages in 2003 reminded us yet again just how fragile and vulnerable to catastrophic failure the county's emergency communications system really is. "In the time that has passed, the Tompkins County Public Safety Community has been considering the impact of this situation and the fixes required right now to insure continued communications capability. "The current system was built on a shoestring. Tompkins County has never invested the monies that an emergency communications system warrants. Although this allowed a system to be built for less, the current result is that the safety of emergency responders and the public we serve is at great risk. "In the meantime, reliance on SWN to bail out the county in fulfilling its promise to its first responders has fallen far short. This effort may never bear fruit. Should it ever actually come together, the partnering, design, vendor selection, and construction process will likely result in no system until at least 2009. "While we waited, assured of the County's unwavering commitment, many agencies have found themselves with inventories of aging and failing user equipment, and frustration has built to extreme levels. The accumulated risks are too great. The justification for the full solution is no less urgent than it ever was, and we must now demand that the Public Safety Communication System be approved and implemented immediately. Continuing efforts to delay, for whatever reason, are extremely troubling to all of us. 300 September 2, 2003 "If the overall project must lag, then a short-term action plan to stabilize and improve the system must be implemented immediately. This plan must result in: 1. A new paging system, with towers constructed as necessary; and 2. A new 6 and 11 GHz digital microwave backbone; and 3. An enhanced system with better radio coverage county wide and which is stable; and 4. Full restoration of MDT & GPS services; and 5. Improved reliability of key system components, such as emergency generators for tower sites and security for tower transmitter buildings. "The self-imposed deadline of June 30, 2003, for a meaningful commitment from the Statewide Wireless Network, which was established by COMCAP this Spring, has come and gone. Despite extremely difficult budget times, there can be no further delays or excuses for not moving now to build out a new paging system and upgrade the infrastructure. "For the sake of the lives of the citizens of Tompkins County, and of each and every first responder, we call upon the Tompkins County Legislature to act this year to appropriate the necessary funds and approve the work to accomplish the interim steps outlined above. "Additionally, County public safety agencies cannot wait for the Statewide Wireless Network. The inability to communicate during any period of high activity is so acute that Tompkins County must move forward with plans to upgrade the communications system as a whole. There are too many weak links in the public safety chain to survive the risk! "This letter is endorsed and signed by the agencies and organizations listed on the next page. This represents each local Fire, EMS, and Police agency in the county." Joseph Daino, of Ithaca, said he wished to amend a statement made at the Public Hearing regarding a proposed local law - Authorizing Tompkins County to Join the Catskill Region Off -Track Betting Corporation, specifically that bookies for horse racing would be eliminated if the resolution were approved. He noted there is a big horse industry in New York Stat, horse breeding is an important part. The previous two times petitions were passed for referendums they claimed criminals would be attracted by Off -Track betting. This has been proven falso. They also said the County didn't need the money; this was short sighted. He said 65 percent of people who go to races if for entertainment at an average cost per visit of $15, 8 - 10 percent of patrons at race tracks are professionals. Herbert Engman, Town of Ithaca resident, spoke in opposition of the resolution - Authorizing Tompkins County to Join the Catskill Region Off -Track Betting Corporation. He said he does not care if people gamble but feels it is not the government's role to encourage it. Furthermore, he feels the industry is low-paying and animals should not be whipped by the riders. David McElrath, City of Ithaca, spoke in opposition to the resolution - Authorizing Tompkins County to Join the Catskill Region Off -Track Betting Corporation, stating he feels it further takes away from individuals with low-income as well as providing a convenience for individuals addicted to gambling. Fay Gougakis, City of Ithaca, stated she was disappointed by the lack of action in the Town of Lansing regarding a resolution to prohibit jet ski activity on Cayuga Lake and feels it is up to the County and the City of Ithaca to take action. In addition, Ms. Gougakis expressed her desire to have local radio station on the air in the event of an emergency, noting that during the recent blackout her battery-operated radio noting that during the recent help because WHCU was off the air. She also and commented on the increase in crime. 301 September 2, 2003 Mike McLaughlin, Representative of the Recreation Partnership and Newfield resident, spoke in favor of Resolution No. i - Re -Affirmation of County Membership in the Recreation Partnership. He feels while there is a need to tighten belts, the youth programs save lives and money in the future, that many youth could be incarcerated due to the lack of supervision and recreational programs help to avoid this situation. He noted having Tompkins County as a member is important; the Partnership is a fragile group, but the intermunicipal sharing is a good model. Nancy Potter, Ithaca resident, requested a delay on the resolution - Authorizing Tompkins County to Join the Catskill Region Off -Track Betting Corporation, stating she feels more time is needed for public input. William Highland, resident, spoke in opposition of the resolution - Authorizing Tompkins County to Join the Catskill Region Off -Track Betting Corporation, feels that if one desires to bet on horses it should be done at the race track. Frank Shipe, resident, spoke in support of postponing the resolution - Authorizing Tompkins County to Join the Catskill Region Off -Track Betting Corporation and inquired how much the return on the investment would be. Privilege of the Floor by Legislators Ms. Kiefer, District No. 10 Legislator, spoke of a pending bill in the House of Representatives (HR2989) that has the potential of shutting down Amtrak and reducing or eliminating enhancement and transit funding. She expressed a desire to send a letter to defeat the portions of the bill related to these topics. The Legislature indicated it would be acceptable and Mr. Joseph requested Ms. Kiefer to draft the letter. Ms. Robertson, District No. 13 Legislator, expressed her appreciation of the article appearing in The Ithaca Journal regarding affordable housing. She reported on upcoming events: Community Dispute Resolution Center's 20th Anniversary Celebration; Alcohol and Drug Council's Annual Dinner; and the Red Cross annual meeting. Mr. Lane, District No. 14 Legislator, spoke of the recent storm this past week that severely damaged McLean, noting the tremendous effort put forth by emergency personnel. He feels it is important to deal with upgrading emergency communications and urged the County to move ahead with the projects. Mr. Booth, District No. 3 Legislator, expressed thanks to Ms. Gougakis for bringing up the issue of an appropriate radio station in the event of an emergency. He feels it needs to be clearly specified to the public what radio station to turn to in order to receive appropriate information. Mr. Totman, District No. 9 Legislator, said many do not realize the dedication of the many emergency responder volunteers and said roads in the McLean area were covered by volunteers for approximately sixteen hours during the emergency. He thanked the many volunteers for their efforts. Ms. Robertson inquired what the status of local radio coverage in an emergency was. Ms. Skinner, Public Information Officer, said she had conversations with local radio stations recently; only WICB, the Ithaca College station, has a backup generator as a result of a recent weather service grant. Mr. Lane suggested local radio station owners/operators be contacted to discuss the matter. Mr. Whicher, County Administrator, said generators that were previously used in the Old Library and Old Jail may be available for this purpose. Mr. Joseph commented the Public Safety Committee will continue to look into this. 302 September 2, 2003 Presentation of Resolution(s) from the Budget and Capital Committee RESOLUTION NO. 181- JOINING THE CATSKILL REGION OFF-TRACK BETTING CORPORATION MOVED by Mr. Penniman, seconded by Mr. Totman. Mr. Penniman feels the resolution was not rushed, a great deal of information was received over a three-month period, and a public hearing was held and he feels it is appropriate to put this resolution to a vote. Mr. Proto said that horses urged with a riding crop are not abused and feels it is important to erase any negative picture from minds. Mr. Lane said hard cases make bad law and expressed his belief that it is not an appropriate time to bring the matter forward. It was MOVED by Mr. Lane, seconded by Ms. Herrera, to table the resolution. Chair Joseph indicated no further discussion could take place on this motion. A voice vote on the motion resulted as follows: Ayes - 4 (Legislators Herrera, Lane, McBean, and Winch), Noes - 11 (Legislators Blanchard, Booth, Joseph, Kiefer, Koplinka-Loehr, Penniman, Proto, Robertson, Schuler, Todd, and Totman). MOTION FAILED. Mr. Penniman said he will support the Resolution as he feels that unlike previous times the issue came up there are numerous games of chance accessible and he does not feel it would be overly attractive to individuals not able to afford gambling and would be more of a recreational activity. Ms. McBean stated she had reservations to act on the resolution, stating she felt more public input should occur. Ms. Kiefer feels the public would have the opportunity to express their desires by referendum. She feels that as previously stated by Mr. Penniman unlike prior resolutions regarding Off -Track Betting, many more games of chance are readily available. In addition, Ms. Kiefer said she personally went to an Off -Track Betting facility recently to obtain first-hand information and found it patronized by older males who seemed knowledgeable about the details of horse performance; she noted that approximately one- half of the income from the Cortland County Off -Track Betting facility is believed to come from Tompkins County residents. Mr. Winch expressed opposition to the resolution, saying he feels gambling is a devastating and possibly addicting activity. He feels it does not legislate morality and is concerned for residents who can ill -afford losing money through gambling. Mr. Joseph said he is not opposed to horse racing or gambling, but is opposed to government operating it. He said he does not feel it is any different than selling tobacco and alcohol, that it should be legally regulated, taxed, but not to be used in trade for funds. Ms. Herrera said she has studied the issue and is not willing to support the resolution. She then read excerpts from the following letters submitted to her by constituents: "Greetings: We all value the quality of life we enjoy in Tompkins County. Previous opposition to establishing an Off Track Betting location here has reflected a majority opinion that such a plan would not be of an economic benefit to us in proportion to the negative forces that it introduces among us. I believe that you underestimate the taxpayers of our county if you believe that the modest savings in taxes that OTB might trigger would be enough to have us sacrifice life quality as relates to all 303 September 2, 2003 of the demonstrated problems that the introduction of OTB sets in motion. I am referring to issues relating to compulsive gambling, crime, family issues, and the introduction of a process that produces nothing of value for us and yet siphons off cash out of proportion to any return to our people. Unfortunately a prior commitment makes it impossible for me to attend the Sept 2nd meeting. I'm sure that there will be folk there who will express their desire that you not pass this resolution and thus force us to go to a referendum. It might be helpful to you to get a better feel for how the majority feels on this issue if the vote on Tuesday night could be postponed so that you might have another hearing on this issue. Unfortunately the hearing in mid-August was held at a time when many of our citizens were in a summer mode and not conscious that this issue would be voted on so soon after Labor Day. Thank you for listening. Sincerely Robert J. McCune" 1122 Coddington Rd. Ithaca, NY. From Dick and Marylou Tinney: "We are writing to express our opposition. We worked vigorously to oppose it in 1992 and will do so again. The unknown monetary rewards for the County for such an endeavor certainly do not equate with the problems that a program like this can bring to our community. We already have enough opportunities for people to foolishly use their finances in hopes of striking it rich. One more will not be beneficial to anyone. We believe it is not only an issue of economics but a health issue as well. Have you considered the potential cost to the County as well as to individuals for counseling, for broken families, addiction, bankruptcy, and crime. These are all possible results to persons spending money needed for a more productive life. "We suggest that you, as County Legislators, save your time and energy to work on issues that already exist in our County instead of pursuing ones that have a potential for further problems. We believe that the voters of Tompkins County will once again say no to this proposal and we intend to make every effort to see that they do." A MOTION was made by Ms. Herrera, seconded by Mr. Lane, to postpone this matter until October 21, 2003. Ms. Blanchard spoke against the motion, stating a vote should be taken. Mr. Totman, Mr. Penniman, and Ms. Robertson noted they were against postponing the vote on the resolution. Ms. Robertson requested clarification of the procedure to follow for individuals opposing Off -Track Betting. Mr. Wood, County Attorney, explained the process and said that once the resolution is adopted by members of the Legislature there is a 45 -day period for individuals to obtain the appropriate number of signatures (ten percent of the number of County voters who participated in the last Gubernatorial election, with this percentage being 2,819), after which a referendum vote will take place. The referendum vote is required to be at the next general election if the next election falls within sixty days of the filing of the petition. If it is not within this time period of sixty days it shall take place the following year unless a special election is called for by the Legislature. A voice vote on the Motion to Postpone resulted as follows: Ayes - 5 (Legislators Herrera, Joseph, Lane, McBean, and Winch), Noes - 10 (Legislators Blanchard, Booth, Kiefer, Koplinka-Loehr, Penniman, Proto, Robertson, Schuler, Todd, and Totman). MOTION FAILED. A roll call vote on the resolution resulted as follows: Ayes - 8 (Legislators Blanchard, Booth, Kiefer, Penniman, Proto, Schuler, Todd, and Totman), Noes - 7 (Legislators Herrera, Joseph, Koplinka- Loehr, Lane, McBean, Robertson, and Winch). RESOLUTION CARRIED. 304 September 2, 2003 WHEREAS, Chapter 865 of the Laws of 1982, as amended, authorizes the establishment of regional off-track betting corporations to conduct systems of off-track pari-mutuel betting on horse races, and WHEREAS, the State Legislature has prescribed that off-track pari-mutuel betting on horse races, conducted as regulated by the State of New York, shall be lawful, and WHEREAS, the County of Tompkins falls within the jurisdiction of the Catskill Region Off - Track Betting Corporation, and WHEREAS, pursuant to Section 502 of the Racing, Pari-Mutuel Wagering and Breeding Law, the County of Tompkins may elect to join the Regional Off -Track Betting (OTB) Corporation by enacting enabling legislation subject to a permissive referendum pursuant to Municipal Home Rule Law, and WHEREAS, conservative estimates indicate that establishing an OTB site in Tompkins County would provide annual county revenue of approximately $100,000 in the first year and $200,000 - $300,000 per year thereafter, and WHEREAS, placing bets on horse races is a fairly specialized form of gambling, and WHEREAS, at present an unknown but substantial number of Tompkins County residents pursue this form of recreation by traveling to neighboring counties such as Cortland, Cayuga, Tioga, and Broome, all of which have OTB facilities, and all of which thereby benefit from the betting revenues provided by Tompkins County residents that would otherwise come to Tompkins County, and WHEREAS, the County Legislature does not desire to promote gambling, but rather simply receive its share of revenue from the existing OTB Corporation, and WHEREAS, there are many other already -existing and easily accessed games of chance and gambling promoted by New York State, such as bingo, charity raffles, Quick Draw, New York State Lotto, Pick 10, Take 5, midday and evening WinFour, midday and evening numbers (pick 3), scratch -off cards with many different "games", and multi -state Mega Millions - all of which are readily available throughout Tompkins County, and WHEREAS, given this multiplicity of state -promoted legal opportunities to gamble, none of which provide direct revenue to Tompkins County, and WHEREAS, a public hearing was held before the Tompkins County Legislature on August 19, 2003, to hear all persons interested in the subject matter, now therefore be it RESOLVED, on recommendation of the Budget and Capital Committee, That the Tompkins County Legislature, on behalf of the County of Tompkins, does hereby elect to join the Catskill Region Off -Track Betting Corporation, pursuant to Chapter 865 of the Law of 1982, as amended, RESOLVED, further, That a duly certified copy of this resolution be filed with the Board of Directors of the Catskill Region Off -Track Betting Corporation, the Secretary of State, and the County Clerk of Tompkins County. SEQR ACTION: TYPE II -20 Presentation of Resolution(s) from the Health and Human Services Committee RESOLUTION NO. 182 - RE -AFFIRMATION OF COUNTY MEMBERSHIP IN THE RECREATION PARTNERSHIP MOVED by Ms. Robertson, seconded by Mrs. Schuler. Ms. Robertson feels there is a need to stay in the Recreation Partnership at this time, stating it is part of a critically -needed continuum of services for young people and that it is essential to be a part of it. She reported that if the County were to pull out of the Partnership there is still an obligation under the agreement to give fifteen month's notice and to pay the 2004 membership. Ms. Robertson then spoke of the other partners' willingness to contribute additional funds in order to make up for the County's cut of funding for the Recreation Partnership. Mr. Koplinka-Loehr said he voted against the resolution at the Committee level, but would vote favorably on the resolution presented as it removed language relating to a specific dollar amount of contribution. 305 September 2, 2003 Mr. Totman asked about the Town of Groton's participation in the Recreation Partnership, noting the majority of programs were not easily accessed by youth in that community. Ms. Zahler, Youth Services Director responded, indicating that the Town's contribution to the Partnership was based on the level of participation of youth and was nominal. She said that all youth are eligible to participate in the programs provided. Mr. Booth acknowledged the presence of Alan Green, the new Director of the Ithaca Youth Bureau, and said he hopes all continue to recognize the it is not the financial cost of the program that is a concern but the need to maintain facilities. Mr. Winch said he has supported the Partnership in the past but is concerned at this time. He does not feel the budget difficulties will be resolved in 2005. Mr. Penniman expressed concern with phasing out the Partnership and shifting it to towns. He noted it is a successful partnership and there is a desire to preserve it. Ms. McBean stated she hoped the County would take the initiative of those in the State to recognize the importance of youth services. She feels the need to have services for children after school and need to make a commitment as long as needed, and hopes for a favorable vote on the resolution. Mr. Todd spoke of the Lansing Recreation program, noting the program is very successful without involvement at the County level. He believes that a town or city should be in charge of these programs and that the County should remove themselves from the Partnership. A voice vote on the resolution resulted as follows: Ayes - 12 (Legislators Blanchard, Booth, Herrera, Joseph, Kiefer, Koplinka-Loehr, Lane, McBean, Penniman, Proto, Robertson, and Schuler), Noes - 3 (Legislators Todd, Totman, and Winch). RESOLUTION ADOPTED. WHEREAS, the Tompkins County Legislature agreed in 2000 to become a member of the Intermunicipal Recreation Partnership along with ten other municipalities including the City of Ithaca, the Village of Lansing, and all towns except Lansing, and WHEREAS, the County formalized its membership in 2002 when it voted to sign a five year, renewable Intermunicipal Recreation Partnership Agreement, and WHEREAS, the County's decision in 2002 to approve $9,528 of its $47,638 contribution for 2003 on a one-time basis only, raised the policy question about whether the County should continue to be a full member of the Partnership, and WHEREAS, the terms of the Intermunicipal Recreation Partnership Agreement require any member wishing to withdraw to give formal notice to the other partners fifteen months in advance so the remaining partners have time to plan for that change, and WHEREAS, any change on the County's part would need to be decided by October 1, 2003, in order to take effect January 1, 2005, and WHEREAS, the County requested that the cost-sharing formula be changed to reflect a twenty percent reduction in monetary contribution for 2004, along with a continued commitment of at least $9,528 in in-kind staff support to the Recreation Partnership Board, and WHEREAS, the other Partners understood the County's difficult financial situation and agreed to reduce the County's contribution for 2004 to $38,110 and to increase their shares to offset the County's $9,528 reduction, and WHEREAS, the municipal representatives that attended the August 6, 2003, Health and Human Services Committee meeting urged the County to continue their participation in this exceptionally successful model of inter -municipal collaboration that provides affordable after-school and summer opportunities to more than 4,000 different youth from all municipalities, now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, That the County reaffirms its intent to continue as a member in the Recreation Partnership, SEQR ACTION: TYPE II -20 306 September 2, 2003 Report from the Budget and Capital Committee Mr. Penniman, Chair, reported that the Committee met on August 26, 2003 and discussed securitization of the remaining tobacco revenue. A report outlining the costs and benefits was received and following a discussion no action was taken at this time as the potential revenue amount was in question. Mr. Penniman then spoke of the mandates within the budget and the need for consistency of defmition, explaining Class A mandates are direct payments for expenses such as Medicaid, and others are for work needing to be performed such as staff to process the mandates. Mr. Penniman spoke of the budget reviews at Committee level beginning during the week. Mr. Penniman was excused at 7:11 p.m. Presentation "Department of Social Services Mandates: What's Driving the Increases?" The following presentation was made by Mary Pat Dolan, Commissioner of Social Services: What are the DSS Mandates? They are payments made directly to eligible individuals, or payments to vendors on behalf of eligible individuals that the county is required to make by Federal & State law. They fall into three broad categories: Economic Assistance Family Assistance Day Care Safety Net Assistance Home Energy Assistance (HEAP) Emergency Aid to Adults (EAA) Services to At -Risk Children and Families Adult Family Homes Foster Care Juvenile Delinquent Care State Training Schools Medical Assistance Medicaid — Local Medicaid — MMIS "Family Assistance is the Federally mandated cash -assistance program supported by the Temporary Assistance to Needy Families (TANF) block grant. 2003 Budget Local cost 2003 Projected Expense 2004 Budget Request Local Cost $3,700,000 $562,506 $4,607,778 $4,660,616 $1,608,504 "Driving the appropriation increase is a current 7.8% caseload increase that we are budgeting flat for next year. Driving the increase in local cost is the impact of the TANF/EAF foster care swap — a mechanism for paying and claiming certain child welfare/foster care expenses from this budget line that has positive budgetary results for the state but negative budgetary results for local social services districts & the county. 307 September 2, 2003 "Not budgeted is a just -announced increase in the Shelter Allowance Schedule for most recipients of cash assistance in NYS. Also tied to Family Assistance is the risk that NYS has created by committing its entire TANF grant for this FFY, with no reserve to maintain the 50% level of federal fmancial support to counties for FA cases, if statewide caseloads rise to a greater degree than has been anticipated. "The Family Assistance program provides subsistence level living support to — 950 persons in just under 400 cases in the county. 70% of the recipients are children. "It supports our CAP/TOP welfare programs currently serving 80 households in which the adult members of the household are employed & use the case management assistance DSS supplies to move more quickly to self-sufficiency. " "Paula" is a CAP success story. She is the mother of three children who had been on assistance for 3+ years when she joined CAP. She was someone with a 9th grade education who'd worked and lost a series of minimum wage jobs but used what this program offers to become a person with a full time 40 hr/week job, a driver's license, an increase in her child support income & connections to local agencies for her children and to the Workforce NY Career center for herself. "Paula" has not returned to cash assistance since her CAP graduation. "Of the 136 graduates of the CAP Program, only five have returned to Temporary Assistance Day Care supports child care for working parents, both those receiving cash assistance and for working low-income parents. 2003 Budget Local cost 2003 Projected Expense 2004 Budget Request Local Cost $1,700,030 $136,000 $1,604,248 $1,744,656 $139,572 "It is still possible to find a little bit of "good news" in the DSS budget and this is it. The department currently supports almost 500 children on a monthly basis with these funds and there continues to be a small — approximately 8% - local share. Since Tom Herden, DSS' Director of Administrative Services, reported to the Budget committee a few weeks ago, we have received our new day care allocation. Our new allocation is very generous and will allow us to enthusiastically respond to the Early Education Partnership's upcoming outreach to low-income workers without fear of running out of funds and having to create "waitlists". We will also have sufficient funds to support the modernization of our internal processes that, when perfected, will bring significant efficiencies to our operations and we believe, will greatly improve many providers' cash flow. "Safety Net assistance is the State/Local cash assistance program that supports primarily single individuals and the families with children whose parents have exceeded the 5 -year TANF time limit. 2003 Budget Local cost 2003 Projected Expense 2004 Budget Request Local Cost $1,900,343 $950,171 $2,058,765 $2,031,952 $885,705 "Driving the increases in Safety Net Assistance is a current 17% increase in caseload which we have budgeted flat for 2004. An increasing majority of Safety Net recipients have significant drug/alcohol problems. This is part of a continuing shift precipitated by the Federal decision to deny Supplemental Security Income to individuals whose primary disability is a substance abuse problem. 308 September 2, 2003 "We have also seen dramatic increases in expense for Emergency Housing. This increase affects both Family & Safety Net assistance, but Safety Net to a greater degree. We expect that our total annual expense for emergency housing will be in excess of $800,000. "In 2002, there were 13,981 bednights of emergency shelter. The majority of all emergency shelter bednights are paid by the department. This was 2,112 or nearly 18% bednights higher than 2001. For the first 7 months of this year, the community has supplied 9,224 bednights of emergency shelter — on track to another 13% increase. "Because of the increasing volume and cost, we initiated a funders review last year in conjunction with the Red Cross, the Human Services Coalition, and Mental Health, along with significant assistance from the Planning Department. It informed us that there were —11% more individuals using emergency shelter and that they were staying longer. This condition is exacerbated by the continuing housing problems in the community, particularly for special or challenging populations. This situation has been explored in great detail by the Health and Human Services Committee. "Foster Care supports payments to foster family homes, group homes and residential child caring institutions for those approximately 114 children in the custody of the commissioner. It also supports Adoption Subsidy payments to 220 children formerly in foster care, who now have permanence and families of their own. All of these children were once in foster care & these payments mirror the foster care payment schedule. 2003 Budget Local cost 2003 Projected Expense 2004 Budget Request Local Cost $3,744,000 $1,856,801 $4,242,187 $4,268,530 $2,135,738 "There are several factors impacting the increase in the cost of foster care. The state has limited its responsibility for foster care expense via the "Foster Care Cap." Were it not for this cap, the state share of these expenses would be nearly $1.2 million dollars higher. "A comparison of January to June payments for 2002 and 2003 shows an increase of almost $200,000 for youth categorized as JD/PINS in this year. According to DSS Director of Services Maryanne Banks, nearly 50% of our foster care population now has a JD or PINS designation. Our institutional numbers are up, reflecting the difficulties faced by these youth. However the $200,000 increase is in payments to foster homes. While that is a major increase, it demonstrates that we are doing a good job of finding community solutions in conjunction with not-for-profit partners such as Liberty Resources MST, Family and Children's Services, and the Youth Advocates Program. The family foster care payment schedule is tracked to the level of difficulty and age, so payments for these older, more challenging children will be higher. However, even at the highest level of community foster care ($1500/month + clothing), the cost of a community placement compares very favorably to the $5,500/month for an institutional placement. "In the first six months of '03, 13% of foster care payments were made to institutions where DSS was the placing entity; 24% of payments were made to foster homes; 51% were adoption subsidy payments and 12% were payments to institutions where the school Committee on Special Education (CSE) was the placing entity and DSS pays the bill. "The youth & their families who come to us almost always face multiple challenges. Creating a plan with them that will make things better takes creativity and doggedness. I was recently talking with Maryanne about several youth and families for whom we are working on new alternatives. As is always the case, I was incredibly moved not by how "bad" they are but how strong and resilient these kids are, and how many of them have families that may look terribly flawed to an outsider, but are people who remain optimistic and willing to try new options despite lifetime struggles with issues of loss and abandonment, 309 September 2, 2003 ill health, domestic violence, mental health and substance abuse and poverty. There are heroes in lots of unlikely places if we are willing to look. "Medicaid is the program that supports access to Medical Care for persons determined eligible. This includes people on cash assistance and all those eligible for the many & growing subsets of programs under the Medicaid umbrella. 2003 Budget Local cost 2003 Projected Expense 2004 Budget Request Local Cost $10,848,000 $7,648,000 $10,606,865 $12,177,585 $9,867,494 "We have previously looked at the Medicaid program with the Legislature. Continuing program/caseload growth and program refinancing initiated by NYS that brought federal dollars into just the state coffers for programs that were previously financed by the state, (this is generally in the programs overseen by the Mental Health and OMRDD systems,) are the main reasons for the increase in the Medicaid program. These factors are continuing and are the reasons we have budgeted for a 18.5% program increase for 2004. As Tom Herden also reported to the Budget Committee, the proposal contained in this year's state budget to cap Overburden Aid, if enacted, will be an incredibly costly one for every county and will exponentially increase local costs. Charts that have been included in your packets show the areas within the Medicaid program and their relative expense over the past three years. We have also included a chart that shows the relationship between the local cost of the Medicaid program and overburden aid from 1988 to the present. "When the many complexities of the Department of Social Services are peeled away our core business is to: a) Provide safe options for children and adults who are at risk from abuse, neglect, or who cannot take care of themselves; b) Assist people in meeting their basic needs for food, shelter and access to medical care; and c) Assist people in moving toward self-sufficiency. "The "A -Mandate" programs that have just been discussed are the vehicles that support those activities for the 10,000 —15,000 Tompkins County citizens who look to DSS for help. "Thank you very much." Report from Municipal Official(s) There was no report from Municipal Officials. Chair's Report Mr. Joseph, Chair, said he had no report. Recess Mr. Joseph declared recess at 7:35 p.m. to 7:50 p.m. County Administrator's Report 310 September 2, 2003 Mr. Whicher reported he prepared the five percent tax increase scenario, noting it reflected a 5.6 percent reduction of local spending with more than $7.2 million in program cuts, including 84 positions. He noted that in some areas such as public safety and facilities the spending was more than the 2004 base budget. With regard to reductions in the budget, Departments reporting to the Health and Human Safety Committee and outside agencies were reduced more than other areas. He then spoke of the inability to recover total salaries and fringes for positions eliminated due to contractual obligations and unemployment benefits paid out. When asked if the five percent options provide information on flexibility in a program where services may be covered by the State, Mr. Whicher responded that although there are areas where this may occur, the public may not best be served. For example, by elimination of Road Patrol positions since the response time afforded by State Police may be lengthy due to coverage area, or the elimination of the Environmental Health Division which would cause delays in septic inspections, reduced inspections of food service establishments, etc. Questions raised by the Legislature regarding monies budgeted for eliminated positions was responded to by Mr. Whicher, noting the contractual obligations combined with unemployment costs for lay-offs. He explained that the average calculation for this figure is fifty percent of the individual salary and that the full savings to the County would not occur until the second year of the lay-off. A request was made by Mr. Booth to provide the Legislators with a chart indicating all local - share funding, including mandates, to enable a more thorough analysis. County Attorney's Report Mr. Wood did not have a report. Director of Finance's Report Mr. Squires reported that the bonding issues of $2.2 million for the interconnectivity project and $800,000 for the equipment and modifications to the Public Safety Building will take place on September 9, 2003. He expects interest rates of less than one percent. He said that although a financial report from Moody's on the State of New York Counties is forthcoming with information indicative of the only favorable counties being Saratoga and Putnam, it is anticipated that the bonding issue will have an interest rate under one percent. This issue will be renewed in March 2004. Mr. Proto commented on the Pinnacle's property stating payment by Cornell still has not been made on the property. Addition of Resolution(s) to the Agenda On motion of the appropriate committee chair, and duly seconded, and unanimously adopted by voice vote by members present, the following resolution was added to the agenda: • Authorizing Acceptance of a Federal Aviation Administration (FAA) Grant to Relocate Airfield Lighting Equipment (Phase 1); Perform Aircraft Rescue and Fire Fighting (ARFF) Building Door Modifications (Phase 1); Engineering Design for the Rehabilitation of the Transient Ramp; Perform an Obstruction Study; Purchase a Rapid Response Vehicle; Purchase an Aircraft Rescue and Fire Fighting Vehicle (ARFF) - Ithaca Tompkins Regional Airport Withdrawal of Resolution(s) from the Agenda There were no resolutions withdrawn from the agenda at this time; however, the resolution adopting the revised Rules of the County Legislature and Function of Committees was withdrawn later in the meeting. 311 September 2, 2003 Approval of Resolution(s) Under the Consent Agenda It was MOVED by Ms. Blanchard, seconded by Ms. Herrera, and unanimously adopted by voice vote by members present, to approve the following resolutions under the Consent Agenda. RESOLUTION NO. 183 - AUTHORIZING AN AGREEMENT WITH THE TRANSPORTATION SECURITY ADMINISTRATION (TSA) TO PROVIDE A LAW ENFORCEMENT PRESENCE AT THE ITHACA TOMPKINS REGIONAL AIRPORT MOVED by Ms. Blanchard, seconded by Ms. Herrera, and unanimously adopted by voice vote by members present, under the Consent Agenda. WHEREAS, Resolution No. 85 of 2002 authorized an agreement with the Transportation Security Administration (TSA) for local Law Enforcement Officers (LEDs) to staff the security screening point for all pre -departure screening activity and patrol for airport security, and WHEREAS, law enforcement was temporarily provided until the TSA cancelled the agreement, and WHEREAS, the TSA now wishes to reinstate reimbursement for said services, 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, three deputy sheriff positions dedicated to airport security already exist within the Sheriffs Office budget as authorized by Resolution No. 113 of 2002, and WHEREAS, a proposed reimbursement agreement and supporting documentation indicate that the TSA will provide reimbursement for the costs associated with providing LEO coverage, 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 homeland security measure designed 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 Facilities and Infrastructure and Public Safety Committees, That the agreement with the TSA be approved for a term of September 1, 2003 through September 30, 2007, providing for reimbursement of $15,360 for the balance of Federal fiscal year 2003, $193,013.76 for fiscal year 2004, $198,268 for fiscal year 2005, $204,224.80 for fiscal year 2006, and $210,356.80 for fiscal year 2007, and that the County Administrator be and hereby is authorized to execute said agreement with the TSA, 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 II -20 RESOLUTION NO. 184 - AUTHORIZATION TO INCREASE BACKGROUND CHECK FEES-TOMPKINS COUNTY SHERIFF'S OFFICE MOVED by Ms. Blanchard, seconded by Ms. Herrera, and unanimously adopted by voice vote by members present, under the Consent Agenda. WHEREAS, the Tompkins County Sheriff's Office provides a public service in the form of background criminal and incident records checks for employers, agencies, and individuals, and WHEREAS, the Records Division on average completes 2,000 requests per year, and 312 September 2, 2003 WHEREAS, the $5.00 fee for the service that is charged to other than not-for-profit agencies has not increased in over ten (10) years, and WHEREAS, the current cost of conducting the research exceeds the fee currently charged, now therefore be it RESOLVED, on recommendation of the Public Safety and Budget and Capital Committees, That the Tompkins County Sheriff's Office Records Division fee be increased to $10.00 per individual request, effective immediately. SEQR ACTION: TYPE II -20 RESOLUTION NO. 185 - AWARD OF BID - AIRCRAFT RESCUE AND FIRE FIGHTING (ARFF) VEHICLE - ITHACA TOMPKINS REGIONAL AIRPORT MOVED by Ms. Blanchard, seconded by Ms. Herrera, and unanimously adopted by voice vote by members present, under the Consent Agenda. WHEREAS, the Finance Department has duly advertised for bids to purchase an Aircraft Rescue and Fire Fighting (ARFF) vehicle for the Ithaca -Tompkins Regional Airport, and WHEREAS, two (2) responsive bids were duly received as follows: Emergency One, Inc. $689,517 Oshkosh Truck Corporation $742,577 , now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That subject to grants being received from the Federal Aviation Administration (FAA) and the New York State Department of Transportation (NYSDOT), the bid be awarded to Emergency One, Inc., of Ocala, Florida, as the lowest responsible bidder with a bid of $689,517, RESOLVED, further, That the budget for said ARFF vehicle shall be as follows: Federal Aviation Administration (90%) $620,565 New York State Department of Transportation $ 34,475 Local Share (Airline Rates and Charges) (5%) $ 34,477 RESOLVED, further, That the local share be derived from the airport budget contract with the airlines, covering rates and charges, RESOLVED, further, That the Finance Director be authorized to advance payments for this piece of equipment until reimbursement is received from the FAA and NYSDOT. SEQR ACTION: TYPE II -25 RESOLUTION NO. 186 - AUTHORIZING THE COMMISSIONER OF PLANNING TO ACCUMULATE VACATION TIME AT THE MAXIMUM RATE MOVED by Ms. Blanchard, seconded by Ms. Herrera, and unanimously adopted by voice vote by members present, under the Consent Agenda. WHEREAS, in the 2003 budget, the Deputy County Administrator's position reduced to fifty percent of a full time equivalent, and WHEREAS, the County Administrator has requested that Edward Marx, Commissioner of Planning, take on certain duties of the Deputy County Administrator during 2003, and WHEREAS, it is the intent of the County Administrator to recommend that, beginning with budget year 2004, Mr. Marx permanently assume the position of Deputy County Administrator and Commissioner of Planning, with fifty percent of his time devoted to each, and WHEREAS, the position of Deputy County Administrator and Commissioner of Planning are the same salary level, and 313 September 2, 2003 WHEREAS, the Legislature recognizes and appreciates the additional effort and demands required to meet the challenges of the additional duties, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That effective January 1, 2004, Mr. Marx be granted maximum vacation at a rate of twenty (20) days per year. SEQR ACTION: TYPE II -20 Report from the Public Safety Committee Ms. Blanchard, Chair, said the Committee met on August 21, 2003, and heard information regarding the Department of Emergency Response. She said Ms. Pottorff, Deputy Clerk, has produced a brochure with a summary of all department presentations which is in final editing stages and will be provided to Legislators when complete. She then reported on the Committee's discussion of the County's response to the recent blackout situation. The next meeting is on September 4, 2003, when a presentation regarding Sheriffs Road Patrol will take place, followed by budget reviews. Report and Presentation of Resolution(s) from the Facilities and Infrastructure Committee Mr. Booth, Chair, reported that at the Public Works Cabinet meeting the topic of potential needs of the County during blackouts and emergencies was discussed. He then spoke of the recent blackout and the concerns regarding computer system assistance in blackout situations, noting the excellent work done by Information Technology Services. He said Mr. Potter, Information Technology Services Director, is in the process of installing a new system to screen and filter Internet traffic that will provide more bandwidth and security controls within the system. Mr. Booth then spoke of the possibility of substituting Federal funding for the Freese Road project rather than Red Mill Bridge in an effort to avoid a 4-F Review process, indicating that it will not be possible to make the substitution and as a result other alternatives are being pursued. He then reported there are hopeful indications that US Air will be extending their current contract at the Ithaca Tompkins Regional Airport. RESOLUTION NO. 187 - INCREASE OF HOURS FOR SOLID WASTE ASSISTANT - SOLID WASTE DIVISION MOVED by Mr. Booth, seconded by Ms. Kiefer. Mr. Proto expressed concern regarding an increase of hours even though no local funding was requested this year. He recalled other departments such as the Health Department and County Clerk requesting additional staffing requests that were denied. Mr. Booth said the resolution is a result of reorganization within the department and he feels it made a good deal of sense to increase the hours of this position. A voice vote on the resolution resulted as follows: Ayes - 13, Noes - 1 (Legislator Proto); Excused - 1 (Legislator Penniman). RESOLUTION ADOPTED. WHEREAS, a request for an increase in hours for the Solid Waste Assistant in the Solid Waste Division is needed to provide assistance in customer service due to increased public usage of our programs and financial management, and WHEREAS, this position can be filled by trained staff presently holding a temporary position, and WHEREAS, this position has been funded within the present budget of the Solid Waste Division and does not require any additional local funding, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the position of Solid Waste Assistant, labor grade (9), is hereby increased from twenty hours to thirty-five hours effective August 1, 2003. SEQR ACTION: TYPE II -20 314 September 2, 2003 RESOLUTION NO. 188 - AUTHORIZING ACCEPTANCE OF A FEDERAL AVIATION ADMINISTRATION (FAA) GRANT TO RELOCATE AIRFIELD LIGHTING EQUIPMENT (PHASE 1); PERFORM AIRCRAFT RESCUE AND FIRE FIGHTING (ARFF) BUILDING DOOR MODIFICATIONS (PHASE 1); ENGINEERING DESIGN FOR THE REHABILITATION OF THE TRANSIENT RAMP; PERFORM AN OBSTRUCTION STUDY; PURCHASE A RAPID RESPONSE VEHICLE; PURCHASE AN AIRCRAFT RESCUE AND FIRE FIGHTING VEHICLE (ARFF) - ITHACA TOMPKINS REGIONAL AIRPORT MOVED by Mr. Booth, seconded by Ms. McBean, and unanimously adopted by voice vote by members present. WHEREAS, the County has received a grant offer from the Federal Aviation Administration (FAA) in the amount of $ 1,298,554 to assist with the purchase of emergency equipment, and accomplish various airport improvements as detailed above, 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 Facilities and Infrastructure 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 ACTION: TYPE II -20 Report from the Consumer and Community Affairs Committee Ms. Kiefer, Chair, reported the Committee has not met since the last Legislature meeting. The next meeting will be on September 10, 2003, for budget reviews and the second meeting will take place on September 17, 2003. Report and Presentation of Resolution(s) from the Government Operations Committee Mr. Koplinka-Loehr, Chair, reported the Committee has not met since the last Legislature meeting. He called attention to the revised budget schedule, notified members of the Legislature that a Human Rights Commission updated report will be available, and reminded members of a confidential memo relating to the performance evaluation of the County Administrator. RESOLUTION NO. 189 - REVISION OF ADMINISTRATIVE MANUAL POLICY 02-10 - OUTSIDE EMPLOYMENT OF COUNTY EMPLOYEES MOVED by Mr. Koplinka-Loehr, seconded by Ms. McBean. In response to Mr. Proto's question, Mr. Koplinka-Loehr noted the policy is being reworded to be applicable to current agreements. A voice vote on the resolution resulted as follows: Ayes - 14, Noes - 0; Excused - 1 (Legislator Penniman). RESOLUTION ADOPTED. 315 September 2, 2003 WHEREAS, there is a need to revise the procedure for outside employment of county employees, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the revised policy 02-10 — Outside Employment of County Employees, be adopted and incorporated into the Administrative Policy Manual. SEQR ACTION: TYPE II -20 RESOLUTION NO. - ADOPTION OF REVISED RULES OF THE TOMPKINS COUNTY LEGISLATURE AND FUNCTIONS OF COMMITTEES MOVED by Mr. Koplinka-Loehr, seconded by Ms. Robertson. Mr. Koplinka-Loehr noted changes to pages 10 - 12 of the Rules and asked Legislator Kiefer to move her suggested revisions contained on these pages. It was MOVED by Ms. Kiefer, seconded by Mr. Proto, to modify the language on page 10 of the Rules of the Tompkins County Legislature. Ms. Kiefer explained the purpose of the language change was to clarify when the Chair would use his privilege of assigning a member of the Legislature to a committee in the event of absences. Mr. Joseph said he interprets the changes to indicate a desire for the Chair not to use this ability on a regular basis. Mr. Lane did not see any benefit to the additional language and noted the history of this rule has not indicated any over -use. Ms. Herrera brought forth a point of order and questioned the ability to bring forth changes as the present Rules of the Board indicate changes should be presented at least a week ahead of time. Mr. Joseph agreed that revisions cannot come forward that have not been seen by others prior, but this is a situation of revised rules having come through a Committee process. Ms. Herrera feels that bringing forth changes without the appropriate lead-time does not provide sufficient time to review the changes. Mr. Joseph said the rules can be waived by two-thirds of the Legislature, and also accept the initial changes made by Mr. Koplinka-Loehr. Mr. Joseph ruled that the motion on the floor by Ms. Kiefer was out of order as there was not sufficient time to bring the changes suggested by her before the Legislature. It was MOVED by Mr. Koplinka-Loehr, seconded by Mr. Lane, to suspend the Rules of the Legislature to allow revisions. Ms. Kiefer said she had hoped to have the matter postponed until a future meeting. Mr. Winch requested the resolution be withdrawn to allow for members to review the suggested changes. Mr. Koplinka-Loehr withdrew the resolution. RESOLUTION WITHDRAWN. Report from the Planning. Development and Environmental Ouality Committee Mr. Lane, Chair, said the Committee will meet on September 3, 2003, to discuss regular Committee items as well as begin budget deliberations. Report from the Health and Human Services Committee Ms. Robertson, Chair, said the Committee meets next on September 3, 2003, to discuss the Mental Health and Public Health budget requests. She reported that at the August 21, 2003, meeting a report was provided by Mr. Strong, Assistant Vice President of Academic Services at Cornell University and Mr. Gutenberger, of the Community Relations office at Cornell University. The Committee also heard from Mr. Pendall of the City Regional Planning Department about the course plan for affordable housing he is teaching. Ms. Joyce Williams, Executive Director of Unity House, spoke to the Committee about the Green Street unit, with 18 disabled residents, and their desire to expand the operation to include 316 September 2, 2003 ten more beds. Ms. Robertson said a joint meeting with the Public Safety Committee will take place on September 30 to discuss the Alternatives to Incarceration program. Report and Presentation of Resolution(s) from the Communications Capital Projects Committee Ms. Blanchard, Chair, reported the Committee met on August 27, 2003, and received a positive report of the Emergency Response Center (ERC), noting some change orders will be coming forward in the future. She then spoke of the construction projects associated with the connection of the ERC to the communications system and the resolution coming forward as part of the continuation of this process. Ms. Blanchard spoke of the continuing work that is being undertaken by the County to upgrade communication systems including microwave, MDS, and paging within the County. She expressed concern that the partnership with the State -Wide Network is not looking hopeful at this time, however the County will go forward to improve systems. She then reported Mr. Marx, Planning Commissioner, reported to the Committee on the Department of Transportation Relocation Project, stating it is moving quite well and is now awaiting the annexation process which is hoped to be completed before the end of September. The next Committee meeting will be on September 16, 2003, at 12:30 p.m. RESOLUTION NO. 190 - BALANCING TEST ANALYSIS REGARDING CONSTRUCTION OF TOWER AT EMERGENCY RESPONSE CENTER MOVED by Ms. Blanchard, seconded by Mr. Booth, and unanimously adopted by voice vote by members present. WHEREAS, the County intends to construct a tower adjacent to the Emergency Response Center in the Village of Lansing to allow for the Center to be integrated into the County Emergency Communications System, and WHEREAS, the New York State Court of Appeals in the City of Rochester vs. County of Monroe, 72 NYS2d 338 (1988) determined that various criteria should be considered to determine whether an action is subject to local zoning requirements, and WHEREAS, the County has thoroughly examined the criteria, now therefore be it RESOLVED, on recommendation of the Communication Capital Projects Committee, That the project is not subject to local land use regulation for reasons summarized in the attached analysis. SEQR ACTION: TYPE II -20 The Balancing Test -Analysis of Criteria with respect to Construction of a Tower at the Emergency Response Center 1. The Nature and Scope of the Instrumentality Seeking Immunity Tompkins County, a Charter County in New York State, has the responsibility to provide for public safety of County residents. The project is located in the Village of Lansing, a municipality in the County. 2. The Kind of Function of Land Use Involved The County intends to construct a communications tower adjacent to the new Emergency Response (911) Center on land already owned by the County. The site is at the Ithaca Tompkins Regional Airport, across the road from the Cornell University owned Industrial Research Park. The project is described at length in both the long form EAF and the Project Approval Request form developed by the County. 3. The Extent of Public Interest to be Served Thereby 317 September 2, 2003 There is a critical public interest to be served by the facility. The facility is essential to linking the Emergency Response Center (including 911 dispatchers) with the countywide emergency communications system. This includes police, fire, ambulance and other radios used by emergency service providers. This facility is critical to the County's public safety communications system and the safety of County residents. 4. The Effect Local Land -Use Regulations Would Have Upon the Enterprise Concerned Local land use regulation allows this type of facility in the area, but has at least one requirement (a tower fall -zone requirement) that could not be satisfied if the County were subject to the regulation. Strict compliance would be impossible since the Village ordinance requires a fall -zone of 1.5 times the tower height. The proposed monopole is 120" tall approximately 20' of which will be sunk in concrete underground. The only structure within 100' of the tower is the County's own Emergency Response Center (approximately 55' from the tower base). The tower is designed to break at 50' from the top and collapse upon itself. So even the Emergency Response Center is not at risk in the extraordinarily unlikely event of a tower collapse and no other structure is at risk. Furthermore, the failure to proceed with the project would threaten the lives and safety of County residents. 5. The Impact Upon Legitimate Local Interest The impact on legitimate local interest is positive. The improvement will certainly provide for the safety of the citizens in the local community. Furthermore, the County can find no overriding Village interest in governing the details of the structure. The County itself is in the best position to judge the need, design and utility of the facility. 6. The County's Legislative Grant of Authority The county is authorized to provide for the health and safety of its citizens. Municipal Home Rule Law §10(12). 7. Alternative Location for the Facility in Less Restrictive Zoning Areas The County considered several alternative locations. However, the proximity to the Emergency Response Center makes this location ideal. 8. Alternative Methods of Providing the Needed Improvement The County has thoroughly examined several alternative methods of providing the needed improvement. It was only after an extremely lengthy consideration of possible alternatives that the County decided to proceed with the chosen project. 9. The Intergovernmental Participation in Project Development and Opportunity to be Heard The Village of Lansing has received detailed information on the project as it has been developed and has made significant input into the project. For over a year, the County has discussed in public meeting with the Village the need for this project and its technical requirements, as information became available. The County coordinated a meeting with municipal officials and interested parties (6/6/03) to review and discuss the proposed infrastructure. Based on this meeting, alternatives were considered by the County. 318 September 2, 2003 The County provided site plan materials based on the municipality's tower ordinance for the project, and has facilitated discussion in public meetings. Report from the Space Needs and Location Committee Mr. Proto, Chair, said the Committee meets next on September 10, 2003, and will work on recommendations to the capital program. Approval of Minutes of August 5. 2003. and August 19. 2003 It was MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, to approve the minutes of August 5, 2003, and August 19, 2003, as submitted. MINUTES APPROVED. Adjournment On motion the meeting adjourned at 8:44 p.m. 319 September 16, 2003 Regular Meeting Called to Order Mr. 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 Legislators (Legislator Penniman arrived at 6:19 p.m.). Privilege of Floor by the Public Richard Flaville, City of Ithaca, announced the month of September is Awareness Month for Leukemia and Lymphoma. He stated he became aware of this in January when he was diagnosed with Multiple Myeloma. Mr. Flaville said the medications he needs to treat his medical condition is extremely expensive; a single prescription costs $1,300 for 40 days. He spoke of the work of the Lymphoma Society and said they not only help locally, but on a national level as well. Mr. Flaville announced a walk will be held on September 25th in Dryden to raise funds and awareness and invited the Legislature to attend. Robert McCune, Town of Danby, spoke in regard to Off -Track Betting. He reported to the Legislature on events that have taken place since October 2nd when action was taken to authorize Off - Track Betting in Tompkins County. Mr. McCune said he had hoped there could be additional public comment and discussion prior to matter being taken to referendum; however, that did not happen. He said a group of citizens who identify themselves as the Off -Track Betting referendum Initiative has formed to gather signatures and bring this issue to a vote by the citizens of Tompkins County. Mr. McCune, a member of that group, said the petition has been drawn and signatures are currently being gathered. Currently, there are 70 individuals who are carrying petitions and soliciting signatures and they are actively recruiting additional volunteers. He stated petitions are also being circulated among many congregations and community organizations and anyone interested in assisting with this effort may contact the 24-hour helpline at 256-8279. Mr. McCune said he is encouraged to believe the group will be able gather enough citizen support to bring this issue to a referendum. It is their hope that there will then be time to fully examine the pros and cons of this issue and whether it is in the community's best interest to bring Off -Track Betting parlors to Tompkins County. Desiree Rogers, Coordinator of the Family Drug Treatment, Felony Drug Treatment, and City Drug Treatment programs, spoke in support of those programs. She said those programs have worked with over 400 individuals in Tompkins County. She stated alcohol is a drug addiction that directly impacts five to ten people connected to those individuals, making the number of lives affected by the programs very significant. Ms. Rogers stated they have had 112 successful graduates of those programs. She said the graduates are grateful for the County's support of those programs and hope that support will continue. She shared three success stories and comments that were presented at the graduation ceremonies. She stated staff from the programs are willing to participate in any efforts that may be required in order to make decisions about the upcoming budget. Ms. Rogers also invited any Legislator who has not had an opportunity, to attend a graduation ceremony. Privilege of the Floor by Legislators Mr. Winch, District No. 8 Legislator, introduced Ken Schlather who has been hired as the new Executive Director of Cornell Cooperative Extension. Mr. Schlather has owned a home in Freeville since 1988 and prior to coming to Tompkins County has done contract work with the United Nations in the food and agriculture area. 320 September 16, 2003 Mr. Schlather stated he is pleased with his new position. Over the last twenty years he has worked primarily with the international community. In analyzing the successes and failures he has had, he has found the most common ingredient in success in almost every situation was where there was cooperation from local government and the involvement of local people directly with researchers. Mr. Schlather said Cornell Cooperative Extension has a system that has this in place with the land-grant system. He stated the primary reason he came back to work in the United States was to work with a non- partisan group in a systematic way with local government, local people, and researchers. Mr. Schlather said he looks forward to working with the Legislature over the next few years. Michael Lane, District No. 14 Legislator, spoke of the recent blackout due to failure of the northeast electrical grid and of hurricane Isabel that is expected to hit the east coast. He said there are people in Tompkins County in the emergency services area who plan for these kinds of disasters. He stressed the importance of the County having the communications capabilities that will allow those individuals to handle those situations. Ms. Herrera, District No. 5 Legislator, thanked Mr. McCune and other individuals who are in attendance to express their feelings about Off -Track Betting in Tompkins County. She said she also has petitions available for signature. She suggested that everyone, regardless of their belief in Off -Track Betting, consider signing the petition to bring the issue to referendum. Presentation of Resolution by the Planning, Development and Environmental Oualitv Committee RESOLUTION NO. 191 - APPROVING THE ISSUANCE BY THE TOMPHINS COUNTY INDUSTRIAL DEVELOPMENT AGENCY OF UP TO $20,000,000 CIVIC FACILITY REVENUE BONDS (CAYUGA MEDICAL CENTER AT ITHACA, INC. PROJECT), SERIES 2003, IN ACCORDANCE WITH SECTION 147(F) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED (THE "CODE") MOVED by Mr. Lane, seconded by Mr. Totman. Ms. Kiefer said at the Committee meeting there was a question raised as to whether all of the things included in the resolution, such as the cafeteria, qualified for bonding and asked if that had been clarified. Mr. Lane said a copy of the letter he received from the bond counsel has been distributed this evening to all Legislators. In that letter, the bond attorney recommends that the language remain as presented because there are certain parts of the cafeteria work that may qualify as a renovation as well as parts that may not. The bond attorney feels the language should remain in the resolution so that it will cover those parts of the cafeteria renovations that are permitted under law. It was MOVED by Ms. Kiefer, to amend the language in the resolution to read: "possible portions" of the cafeteria. MOTION FAILED DUE TO LACK OF A SECOND. A voice vote on the resolution resulted as follows: Ayes - 14, Noes - 0, Excused - 1 (Legislator Penniman). RESOLUTION ADOPTED. WHEREAS, the Tompkins County Legislature (the "Legislature"), as the elected legislative body of Tompkins County, New York, (the "County") has been advised by the Tompkins County Industrial Development Agency (the "Issuer") that, in order to assist m the financing of a certain Project (as defined below) for the benefit of Cayuga Medical Center at Ithaca, Inc., (the "Hospital") the Issuer proposes to issue, contingent upon the adoption of this Resolution, its Civic Facility Revenue Bonds (Cayuga Medical Center at Ithaca, Inc. Project), Series 2003, in an aggregate principal amount not to exceed $20,000,000 (the "Bonds"), and WHEREAS, the project (the "Project") shall consist of: (A) the acquisition by the Issuer of an interest in (i) an approximately 46 -acre parcel of land located at 101 and 102 Dates Drive, Town of Ithaca, Tompkins County, New York, (the "Dates Drive Land") and the existing improvements located thereon, 321 September 16, 2003 consisting principally of the Hospital's 207,000 square -foot medical center facility (the "Main Campus Facility"), and (ii) an approximately 4 -acre parcel of land located at 10 Arrowwood Drive, Village of Lansing, Tompkins County, New York, (the "Arrowwood Land" and collectively with the Dates Drive Land, the "Land") and the existing improvements located thereon, consisting principally of the Hospital's 34,000 square -foot medical center facility (the "East Campus Facility"); (B) (i) the construction of an approximately 6,200 square -foot two-story addition to the existing Howell Education Center located at the northwest end of the Main Campus Facility to be used to house the Hospital's information systems department, conference center, training rooms and related improvements (collectively, the "Education Center Improvements"), (ii) the renovation of approximately 18,000 square feet of the Main Campus Facility to be used as a new ambulatory procedures center and to include an endoscopy suite containing three procedure rooms, a seven -bed Level I surgery recovery area, a twelve -bed Level II surgery recovery room area, three Level III bays and related improvements (collectively, the "Ambulatory Improvements"), (iii) the renovation and remodeling of the approximately 35 patient rooms containing in the aggregate approximately 12,300 square -feet of space located on the third floor of the medical surgical unit located within the Main Campus Facility (the "Medical/Surgical Unit Improvements"), (iv) the construction of an approximately 6,000 square foot one-story addition to the Main Campus Facility to house radiation oncology services (the "Radiation Improvements"), (v) the renovation of the existing approximately 4,850 square -foot cafeteria located on the first floor of the Main Campus Facility to enlarge seating capacity (the "Cafeteria Renovations"), (vi) the renovation of the approximately 6,600 square -foot first floor entrance of the Main Campus Facility to include the relocation of the gift shop, medical staff lounge, medical staff library, medical records department and related improvements (the "Entrance Improvements"), (vii) the renovation of the fourth floor of the Main Campus Facility containing in the aggregate approximately 25,000 square feet of space and approximately 70 patient beds to improve patient care (the "Fourth Floor Improvements"), and (viii) the acquisition and installation in and around the Main Campus Facility of certain medical and related equipment, including, but not limited, to pharmaceutical equipment, operating room equipment, radiology equipment, information systems equipment, and time and attendance equipment (the "Capital Improvements" and, collectively with the Education Center Improvements, the Ambulatory Improvements, the Medical/Surgical Unit Improvements, the Radiation Improvements, the Cafeteria Renovations and the Entrance Improvements, the "Dates Drive Improvements"); (C) the renovation and upgrading of approximately 13,000 square -feet of space of the Imaging Center located within the East Campus Facility to provide diagnostic radiology, ultrasound, mamography, bone density, stereotactic biopsy, CT and MRI services and related improvements (the "Arrowwood Drive Improvements" and, collectively with the Dates Drive Improvements, the "Improvements"); and (D) the acquisition and installation in and around the Improvements of certain machinery, equipment and other items of tangible personal property (the "Equipment" and, collectively with the Land and the Improvements, the "Facility"); (E) paying certain costs and expenses incidental to the issuance of the Bonds (the costs associated with items (A) through (E) above being hereinafter collectively referred to as the "Project Costs"); (F) the financing of all or a portion of the costs of the foregoing by the issuance of the Bonds; and (G) the lease (with an obligation to purchase) or sale of the facilities financed with the Bonds to the Hospital or such other person as may be designated by the Hospital and agreed upon by the Issuer, and WHEREAS, the Issuer proposes to assist in the financing of the Project by issuing the Bonds to: (i) pay all or a substantial portion of the cost of financing the Project, and (ii) pay reserves and costs incidental to the issuance of the Bonds, and WHEREAS, the Town of Ithaca Planning Board and the Village of Lansing Planning Board, pursuant to Article 8 of the Environmental Conservation Law and Regulations adopted thereto by the Department of Environmental Conservation of the State (collectively "SEQR"), determined on September 3, 2002, and August 12, 2002, respectively, that the Project will not have a significant effect on the environment within the meaning of SEQR, and WHEREAS, pursuant to Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), interest on the Bonds will be included in gross income for Federal income tax purposes unless the issuance of the Bonds is approved by the Legislature after a public hearing to consider the issuance of the Bonds has been conducted following reasonable public notice, and 322 September 16, 2003 WHEREAS, on September 15, 2003, the Issuer held such a public hearing upon proper notice in compliance with the Code, and WHEREAS, to aid the Legislature in its deliberations, the Issuer has made available to the members of the Legislature prior to this meeting (a) the Hospital's application to the Issuer for financial assistance; (b) the notice of public hearing published by the Issuer on August 16, 2003, in The Ithaca Journal, along with the affidavits of publication of such newspaper, and (c) the minutes of such public hearing held on September 15, 2003, and WHEREAS, the Legislature, after due consideration of the foregoing, as the "applicable elected representative" of Tompkins County, New York, within the meaning of Section 147(f)(2)(E) of the Code, desires to approve the issuance of the Bonds, provided the principal, premium, if any, and interest on the Bonds shall be special obligations of the Issuer and shall never be a debt of the State of New York (the "State") or any political subdivision thereof, including without limitation the County, and neither the State nor any political subdivision thereof, including without limitation the County, shall be liable thereon, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That: Section 1. For the purpose of satisfying the approval requirement of Section 147(0 of the Code, on the recommendation of the Tompkins County Planning, Development and Environmental Quality Committee, the Legislature hereby gives its approval of the issuance by the Issuer of its Bonds and related acts to be taken by the Issuer as part of the Project, provided that the Bonds, and the premium (if any) and interest thereon, shall be special obligations of the Issuer and shall never be a debt of the State or any political subdivision thereof, including without limitation Tompkins County, and neither the State nor any political subdivision thereof, including without limitation Tompkins County, shall be liable thereon. This approval is given pursuant to Section 147(0 of the Code for the sole purpose of qualifying the interest payable on the Bonds for exclusion from gross income for Federal income tax purposes pursuant to the provisions of Sections 103 and 141-150 of the Code. Section 2. This Resolution shall be deemed to be made for the benefit of the holders of the Bonds. Section 3. This Resolution shall take effect immediately. SEQR ACTION: TYPE II -20 Presentation - Tompkins County Website Greg Potter, Director of Information Technology Services, and Wendy Skinner, Public Information Coordinator, presented the Legislature with the County's revamped website. Mr. Potter said this was a major project the Web Resource Team has been involved in over the last two years. He said that Team is made up of employees of Tompkins County who came together to review the existing website and to provide recommendations on the best model County government should use in the future for updating and managing the County's website. Mr. Potter said the model the Team came up with after reviewing a number of them was one that provides more of an umbrella interface that is at the top of the website. It also allows departments to manage the style and contents of their departmental needs. Mr. Potter and Ms. Skinner presented the site and provided the Legislature with a demonstration. Mr. Potter and Ms. Skinner stated the web site could not have been completed without the support, cooperation, and hard work of many people. The following individuals wrote, developed, provided their talents and support, or produced portions of the web site's primary pages: Jim Blizzard, Public Information; Diane Bradac, Training and Development; Nathan Demarest, Deviron; Inc, Noah Demarest, Deviron, Inc; Asher Hockett, Mental Health; King Houston, Information Technology Services; Pat Nowakowski, Information Technology Services; Greg Potter, Information Technology Services; Ted Schiele, Public Health; Wendy Skinner, Public Information; Nathan Tarter, Information Technology Services; and Angie White, Information Technology Services. The Legislature complimented those involved for the new web design and thanked them for their hard work and dedication. Mr. Penniman arrived at 6:19 p.m. 323 -41 September 16, 2003 Chair's Report Mr. Joseph reported on the Fall NYSAC (New York State Association of Counties) Conference that he recently attended, and stated much of the discussion centered around budgets. He reported that many other New York State counties are facing a situation similar to Tompkins County and for the most part they are behind Tompkins County in their budget process. Mr. Joseph said in one of the workshops there was a county budget roundtable that a NYSAC staff person was leading and he tried to get counties to all discuss their budget situations. During that public discussion there was not a lot of information shared as to what counties are facing or how they are planning to address the issues. Mr. Joseph said other counties are not as open about their process as Tompkins County is. Mr. Joseph said he will place resolutions presented at the Conference on file in the Legislature Office. The top priority of NYSAC this year is to ask the State Legislature again to place a cap on the Medicaid cost to local governments. Mr. Joseph said because other counties are not fully involved in their budget process at this time, there are many issues they are not yet aware of such as the TANF shortfall, the cap on overburden aid, and further exploration of FMAP, the federal matching share for Medicaid. Mr. Joseph reported at the Conference he also raised the subject of a local income tax as a way to relieve some of the pressure off the local property tax. He said he brought this issue before the Legislative Chair's Association and there was no other interest expressed in pursuing this. Mr. Joseph said it is probably not possible or wise for Tompkins County to pursue this on its own because State Legislation has to be adopted that would allow this and it is not something NYSAC is supporting at this time. However, after his presentation, several persons thanked him for it, so he may have planted a seed. Mr. Proto asked how many other counties in New York State have a disproportionate amount of property that is tax exempt. Mr. Joseph said 25 counties were in attendance and he could not answer how many counties have a significant amount of tax exempt property. However, he said he was approached by a representative of another county that has a SUNY school and they commented how much of their property was tax exempt. Report from the County Administrator Mr. Whicher reported the Department of Social Services Commissioner Search Committee is half -way through its interviews. He said the Legislature will hear from the final candidates on October 7th from 1 p.m. to 5 p.m. Report from the County Attorney Mr. Wood reported the Padula case will go to trial next month. He said although the County has an insurance company so there is no financial risk, it is troubling to him that a county could be responsible for what happened in that case. Mr. Wood also reported his Office has been looking at costs associated with arbitration, risk management, and outside attorneys. This year the County seems to be doing well in terms of cost with the exception of high costs for assessment attorneys. This is due to the increased assessments for commercial properties and has resulted in high attorney costs. Mr. Wood noted this is one of the few areas of legal work that the County contracts for. Report from the Finance Director Mr. Squires commented on the resolution adopted earlier in the meeting and said New York State recently imposed a new tax on IDA financing. Mr. Squires said for the fourth consecutive month the County's sales tax receipts have been higher than budgeted. Mr. Squires praised his Department staff and said they have been tirelessly working to process the changes to the salaries and retroactive payment to employees as a result of the Sheriffs Department contract settlement. He also commented on a report received from Moody's Investment Service in which Tompkins County was listed as having a bond rating 324 September 16, 2003 of Aa2 with a comment of having a negative outlook. Mr. Squires said a reasonable number of counties received a comment of having a negative outlook and this is because of the constraints they are operating under. One example is that Tompkins County does not generate revenue at the same rate of growth as Medicaid expenses. However, the Aa2 rating puts Tompkins in the top ten counties in New York State. Additions of Resolution(s) to the Agenda There were no resolution(s) added to the agenda. Withdrawal of Resolution(s) from the Agenda Chair Joseph gave the appropriate committee chair permission to withdraw from the agenda the resolution entitled Adoption of Revised Rules of the Tompkins County Legislature. Approval of Resolution(s) and Appointment(s) Under the Consent Agenda It was MOVED by Ms. Herrera, seconded by Mr. Winch, and unanimously adopted by voice vote, to approve the following resolution(s) under the Consent Agenda. RESOLUTION NO. 192 - ACCEPTANCE OF GRANT FROM NEW YORK STATE EMERGENCY MANAGEMENT OFFICE TO DEVELOP A MULTI -JURISDICTIONAL ALL -HAZARD MITIGATION PLAN MOVED by Ms. Herrera, seconded by Mr. Winch, and unanimously adopted by voice vote, under the Consent Agenda. WHEREAS, the County has been awarded grant funds from the New York State Emergency Management Office (SEMO) for the purpose of developing a hazard mitigation plan for the participating partners in Tompkins County which include Tompkins County and the Towns of Ithaca, Caroline, Lansing, Danby, Enfield, Ulysses, and Groton, and WHEREAS, the Department of Planning is prepared to administer this grant on behalf of the participating partners, and WHEREAS, the Towns of Ithaca, Caroline, Lansing, Danby, Enfield, Ulysses, and Groton agree to a cash contribution of $32,500 to develop this hazard mitigation plan, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the County hereby accepts SEMO funds in the amount of $30,000, RESOLVED, further, That the following adjustments be made to the 2003 Budget: Revenue: 8027.42797 Other Local Gov't Contributions $32,500 8027.43959 State Aid Planning $30,000 Appropriation: 8027.54400 Program Expense $62,500 RESOLVED, further, That the County Administrator or his designee be authorized to execute any contracts related to this project. SEQR ACTION: TYPE II - 21 RESOLUTION NO. 193 -AUTHORIZING SUBMITTAL OF 2003 SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT TECHNICAL ASSISTANCE GRANT PROGRAM - COMMUNITY DEVELOPMENT STRATEGIC PLAN GRANT APPLICATION 325 September 16, 2003 MOVED by Ms. Herrera, seconded by Mr. Winch, and unanimously adopted by voice vote, under the Consent Agenda. WHEREAS, the Small Cities Community Development Block Grant (CDBG) Technical Assistance Grant Program is an important source of funding to address community development objectives in Tompkins County, and WHEREAS, the vital Communities Development and Preservation Principles support choice and affordability in housing options and focus on nodal development within existing centers, and WHEREAS, the Tompkins County comprehensive planning process has identified a need for affordable housing, and WHEREAS, this funding presents an opportunity for intermunicipal cooperation among villages, local stakeholders, and Tompkins County, now therefore be it RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee, That Tompkins County is hereby authorized to apply for funding for a 2003 Small Cities CDBG Technical Assistance Grant for a Strategic Housing Development Plan, RESOLVED, further, That the County Administrator or his designee be authorized to sign all documents related to the submission of the CDBG Technical Assistance Grant application and any materials required by the Governor's Office for Small Cities. SEQR ACTION: TYPE II -20 RESOLUTION NO. 194 - BUDGET ADJUSTMENT — MENTAL HEALTH MOVED by Ms. Herrera, 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 adjustment on his books: HEALTH AND HUMAN SERVICES COMMITTEE Mental Health Revenue Acct Title Amt Approp Acct Title(s) 4311.43485 OMH Comm. Reinvest. $ 4,039 4311.54400 OMH Flex 4311.43485 OMH Comm. Reinvest. $ 95 4311.54400 OMH Flex 4318.43488 ICM MH $ 359 4318.54400 OHM Comm. Reinvest. 4319.43488 ICM MH $ 1,077 4319.54400 ICM MH 4319.43485 OMH Comm. Reinvest. $12,576 4319.54400 OMH Comm. Reinvest. 4335.43485 OMH Comm. Reinvest. $ 650 4335.54400 ICM MH Explanation: New State funding amounts since County Budget Inception. SEQR ACTION TYPE II -20 Approval of Appointment(s) Under the Consent Agenda The appointment was withdrawn from the Consent Agenda and approved at the end of the meeting