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HomeMy WebLinkAbout2005 Proceedings2005 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 ) ss: Tompkins County Legislature ) 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 2005, contained in this volume is true and correct. CATHERINE COVERT Clerk of the 1egislaturc 2005 TOMPKINS COUNTY LEGISLATURE Left to right - standing Martha Robertson, District No. 13, Town of Dryden (Western part); George L. Totman, District No. 9, Town of Groton, NW Town of Dryden, SE Town of Lansing; Barbara Blanchard, District No. 1, City of Ithaca, part of Town of Ithaca; Leslyn McBean-Clairborne, District No. 2, City of Ithaca; Thomas L. Todd, District No. 6, Town of Lansing, portion of Village of Lansing; Michael E. Lane, District No. 14, Town of Dryden (Eastern part), Villages of Dryden and Freeville; Peter Penniman, District No. 15, Town of Ulysses, Village of Trumansburg, Town of Enfield (Northern part); Tim Joseph, District No. 12, Town of Ithaca (Western part); Richard S. Booth, District No. 3, City of Ithaca, part of Town of Ithaca; Katherine Luz Herrera, District No. 5, City of Ithaca, portions of Town of Ithaca and Village of Cayuga Heights; Daniel M. Winch, District No. 8, Town of Newfield, Town of Enfield (Southern part); Nancy B. Schuler, District No. 4, City of Ithaca; Michael Koplinka-Loehr, District No. 11, Town of Ithaca (Eastern part); Dooley Kiefer, District No. 10, Villages of Lansing and Cayuga Heights, Northeast Town of Ithaca; Frank P. Proto, District No. 7, Towns of Caroline and Danby, portion of Town of Ithaca Left to right - seated Jonathan Wood, County Attorney; Karen Fuller, Deputy Clerk of the Legislature; Stephen Whicher, County Administrator; Catherine Covert, Clerk of the Legislature; Edward Marx, Deputy County Administrator/Planning Commissioner; David Squires Finance Director 2005 STANDING AND SPECIAL COMMITTEES ASSIGNMENTS AND RESPONSIBILITIES STANDING COMMITTEES Budget and Capital Koplinka-Loehr (Chair), Booth (Vice Chair), Todd, McBean-Clairborne, Robertson Appropriations Borrowing and Debt Service Contingent Funds Fund Balances Unallocated Revenues Budget process Fiscal Policy TC3 Capital Programs Personnel Department/issues Affirmative action Government Operations Lane (Chair), Kiefer (Vice Chair), Booth, Totman, Herrera Tompkins County Legislature Charter and Code Human Rights Administration Operational Policies Code/Board of Ethics Law Finance Public Information Assessment Weights and Measures Board of Elections Libraries Utilities County Clerk Dewitt Historical Society County Historian Facilities and Infrastructure Penniman (Chair), Kiefer (Vice Chair), Schuler, Winch, Todd Facilities Bridges and Highways Airport Solid Waste/Recycling Public Works Administration Information Technology Services Department Planning, Development and Environmental Quality Herrera (Chair), Proto (Vice Chair), Lane, Schuler, Blanchard Planning Department MPO Soil and Water Conservation District Flood Control/Water Quality Environmental Management Council Land management Workforce Developrnent TCAD Industrial Development Agency Chamber of Commerce Arts Tourism Program/CVB Strategic Tourism Planning Ithaca Downtown Partnership Celebrations Department of Transportation relocation TCAT Public Safety McBean-Clairborne (Chair), Penniman (Vice Chair), Totman, Robertson, Koplinka-Loehr Alternatives to Incarceration Criminal Justice District Attorney Defense of Indigents Probation and Community Justice Sheriff/Jail Domestic violence prevention Emergency Management Relevant Human Services Coalition Agencies Consolidated 911 Public safety communication system 2005 STANDING AND SPECIAL COMMITTEES ASSIGNMENTS AND RESPONSIBILITIES Health and Human Services Robertson (Chair), Winch (Vice Chair), Proto, Blanchard, Kiefer Department of Social Services Mental Health Department/Agencies Public Health Department/Agencies Health Planning Council Human Services Coalition Relevant Human Services Coalition agencies Office for the Aging Youth Services Cooperative Extension Animal Health and Control Tompkins Community Action SPECIAL COMMITTEE(S) Space Needs and Location - Proto (Chair), Winch (Vice Chair), Herrera, Kiefer, Schuler Short and long-term space needs Future use or disposition of County buildings Possible renovation or construction of County buildings January 4, 2005 Report from a Municipal Official There was no municipal official(s) in attendance at this time. Special Presentation - Fight Crime, Invest in Kids Ms. Zahler, Youth Services Director, and Sheriff Meskill presented a PowerPoint presentation of the Fight Crime, Invest in Kids program. This presentation provided statistical information indicating a significant decrease in adolescent criminal behavior and cost savings when prevention and early intervention have taken place. Ms. Zahler shared information that indicated visits to homes for parents at risk of maltreating their infant children as well as providing early educational programs and after- school programs have been shown to reduce the number of adolescents involved in juvenile crime. Part of the presentation showed the physical difference of brain development for a child that is abused versus a child who is not, emphasizing the importance of positive development from 0-3 years of age. Also noted was the fact that the hours of 3:00 p.m. to 6:00 p.m. were the peak hours of violent juvenile crime; a statistic that has been shown to be reduced when a quality after-school program is available. Ms. Zahler spoke of the overall reduction in costs when the home visitation and after-school programs are provided as the cost of juvenile crimes and abuse are much greater. Sheriff Meskill stressed the need to carefully consider spending reductions in areas mentioned, noting they have a more far reaching value than may be viewed on the surface and emphasized the importance of departments working together on common goals such as crime prevention. Chair's Report and Appointment(s) Mr. Joseph reported that the Municipal Electric and Gas Alliance (MEGA) is accepting applications for quotes on electric power. He noted that while New York State Electric and Gas Corporation has advertised December 31, 2004, as the deadline to choose your electricity supplier, there is a 90 -day grace period. Although previously residential customers were not included, the bid request for the new contract required the inclusion of residential customers. Interested individuals can go online to www.megaenergy.org for an application or contact the Tompkins County Legislature's office to receive one. Report from the County Administrator Mr. Whicher spoke of his experience booking flights through Travelocity to bring Mental Health Commissioner candidates to Ithaca for interviews. He noted that it was not only very simple to do, but that the flights directly to Ithaca's airport were Tess expensive. Mr. Whicher said the individuals were impressed with the facilities and ease afforded through the bookings. Ms. Robertson requested copies of the resumes of the final candidates for the Mental Health Commissioner position be provided to the Legislature. Mr. Whicher indicated he will recommend the final candidate at the February 1, 2005, meeting. Report from the County Attorney Mr. Wood said as part of his office's duties he is sometimes called upon to act as administrator of an estate; normally there is no compensation for these services. Recently he served as administrator for an estate that afforded compensation as allowed by law, providing $21,413.90 in revenue to the County. Mr. Wood then reported the necessary legal paperwork, payments, and issuance of license related to the Benderson project has been completed. Mr. Booth asked for clarification of the appointment of the Mental Health Commissioner and was informed that the County Administrator following approval of the County Mental Health Services Board recommends the appointment. Upon approval of the Legislature, the State must approve. 10 January 4, 2005 Report from the Finance Director Mr. Squires noted that taxes are levied on January 1, but the County gets no money until the towns start remitting to the County, beginning in March, so that the County always needs at least $8 million on hand at the start of the year. Mr. Squires reported having more than adequate surplus for the end -of -year obligations and is hopeful that it is a positive sign. He reported that all assessed tax payments except one have been received and he estimates that the county will have an estimated $25.6 million dollars. He reported that at the end of October there were 102 foreclosure notices, but that as of now there are 28 still left. Recess Chair Joseph declared a recess at 7:25 p.m. The meeting reconvened at 7:32 p.m. Addition of Resolution(s) to the Agenda There were no resolution(s) added to the agenda. Withdrawal of Resolution(s) from the Agenda The following resolutions were withdrawn from the agenda: • Revision of Administrative Manual Policy Number 01-10 - Contracts • Revision of Administrative Manual Policy Number 01-32- Naming County -Owned Buildings Approval of Resolution(s) and Appointment(s) Under the Consent Agenda It was MOVED by Mr. Penniman, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote, to approve the following resolution(s) under the Consent Agenda. RESOLUTION NO. 1 - BUDGET ADJUSTMENT — YOUTH SERVICES It was MOVED by Mr. Penniman, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote, to approve the following resolution(s) under the Consent Agenda. RESOLVED, on recommendation of the Health and Human Services, That the Director of Finance be directed to make the following budget adjustment on his books: Youth Services Revenue Acct Title Amt Approp Acct Title(s) 7026.42797 Other Local Govt. $ 7,610 7026.51000655 Program Management Specialist Contributions 7026.42797 Other Local Govt. $ 2,968 7026.58800 Fringes Contributions 7020.42797 Other Local Govt. $ 7,807 7020.54442 Professional Service Fees Contributions Explanation: The County Youth Services has been awarded a Workforce Development grant for a total of $20,007 to provide support to a collaborative of youth agencies offering career awareness, academic support, and work readiness services to low-income youth for a period of October 2004 - June 2005. The amount of $1,622 was brought into the 2004 budget. This amount, $18,385, represents the balance of the grant to be used in the 2005 budget. $7,610 maintains the Program Specialist at 35.0 hours/week. 11 January 4, 2005 Fringes related to above salary increase due to grant related duties. Consultant and services expenses needed while carrying out department services. Revenue Acct Title Amt Approp Acct Title(s) 7020.44820 7020.44820 7020.44820 7020.44820 7020.44820 7020.44820 7020.44820 Explanation: Programs for Youth $33,715 Programs for Youth $13,149 Programs for Youth $ 1,675 Programs for Youth $ 1,300 Programs for Youth $ 1,850 Programs for Youth $39,158 Programs for Youth $ 555 7020.51000634 7020.58800 7020.54303 7020.54330 7020.54412 7020.54442 7020.54452 Planner Fringes Supplies Printing Travel Professional Service Fees Postage The County Youth Services Department has been awarded a Federal Drug Free Communities Support grant for a total of $100,000 to provide the planning and coordination of substance abuse prevention efforts of the Community Alcohol and Drug Coalition for the period October 2004 - September 2005. The amount $8,598 was brought into the 2004 budget. This amount, $91,401, represents the balance of the grant to be used in the 2005 budget. Fringes related to above salary increase due to grant related duties. Supplies related to the Drug Free Communities Support grant. Printing expenses relating to the Drug Free Communities Support grant activities. Travel and conference expenses for mandatory new grantee training as part of the Drug Free Communities Support grant. Consultant and data analysis expenses relating to the Drug Free Communities Support grant. Postage expenses relating to the Drug Free Communities Support grant. SEQR ACTION: TYPE I1-20 It was MOVED by Mr. Penniman, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote, to approve the following appointments(s) under the Consent Agenda: Mental Health Substance Abuse Subcommittee Barbara Murapa - Community Member representative; term expires December 31, 2005 Mental Health Subcommittee Lizabeth A. Norton - Community Member representative; term expires December 31, 2008 Leslie Anne Connors - Consumer representative - term expires December 31, 2008 Youth Services Board Patty VandeBogart - At -large representative; term expires December 31, 2006 Office for the Aging Advisory Committee John w. Lloyd - term expires December 31, 2007 Fire, Disaster, and EMS Advisory Board Dennis Griffin - Lansing representative; term expires December 31, 2007 Environmental Management Council Larry C. Sharpsteen - Town of Lansing representative; term expires December 31, 2006 Report from the Communications Capital Projects Committee Mr. Penniman, Chair, reported the committee had not met since the last meeting and will have no further meetings as duties are passed on to the Public Safety Committee. He thanked all members of the Committee and staff for their work, particularly Ms. Blanchard for her efforts relating to the Department of Transportation relocation project. 12 January 4, 2005 Report from the Space Needs and Location Committee Mr. Proto, Chair, reported the Committee would meet January 5, 2005, at 2:00 p.m. The topic of disposal of County -owned property will be discussed and Mr. Wood, County Attorney, will be present to provide information. Additionally, a representative from LaBella Associates will be present to discuss and update recommendations for the Health Department. At this time a second meeting is scheduled for January 19, 2005 and he asked that items to be placed on the agenda be forwarded as soon as possible. Report from the Health and Human Services Committee Ms. Robertson, Chair, reported the Committee met prior to the Legislative meeting to review and approve several requests to till positions that had been approved in the budget process. The next meeting of the Committee will be on January 13th. Ms. Robertson then reported she has met with key individuals to work on publicity and distribution of the prescription drug discount card; 53,000 cards will be delivered to the Health Planning Council soon. A press conference regarding the new drug card will be held at January 13. She invited all members to attend this. Report from the Public Safety Committee Ms. Blanchard, Chair, said the Committee has not met; the next meeting will be on January 6 at 2:00 p.m. A discussion will take place relating to Supervisor Don Barber's request and suggestions related to rural road patrols. In addition, Mr. Wood will attend the meeting to discuss and explain the powers and duties of the State as it relates of the Commission of Corrections. Sheriff Meskill will provide an update of his experiences to date with the correctional facilities operating within the parameters set by the State. Report from the Facilities and Infrastructure Committee Mr. Booth, Chair, reported the Committee has not met since the last Legislative meeting. The next meeting will take place on January 11, 2005. Report from the Planning, Development and Environmental Quality Committee Ms. Herrera, Chair, said the Committee will meet on February 2, 2005. She thanked all who assisted her in the past year. Report from the Consumer and Community Affairs Committee Ms. Kiefer, Chair, reported that the Committee would hold its final meeting on January 6, 2005. She noted the agenda had been revised to include an update on the Help America Vote ACT (HAVA) from Assemblywoman Lifton. Report from the Budget and Capital Committee Mr. Koplinka-Loehr, Chair, reported the Committee met prior to the Legislature meeting to approve several request for positions. The next meeting of the Committee will take place on January 25, 2005. He reminded Legislators to return the budget survey as soon as possible. Report from the Strategic Planning Committee Mr. Koplinka-Loehr, Chair, reported that the second of four sessions would take place on January 21, 2005, 8:30 a.m. - 12:30 p.m. in the Borg Warner Conference Room of the Tompkins County Public Library. This meeting is the second of four in the first phase to choose priorities. He stated the meeting 13 January 4, 2005 will look at strength and weaknesses. Mr. Koplinka-Loehr noted the meetings will provide information on areas to review, with the goal being to choose three to five areas to complete annually. Report and Presentation of Resolution(s) from the Government Operations Committee Mr. Lane, Chair, stated the Committee had not met. RESOLUTION NO. 2 - ESTABLISHING 2005 MEETING DATES (AMENDED BY RESOLUTION NO. 235 OF 2005) It was MOVED by Mr. Lane, seconded by Mr. Winch. It was MOVED by Ms. Kiefer, seconded by Mr. Penniman, to amend the resolution to indicate a single meeting in mid-July would be held rather than two that month. Mr. Lane said he believed having two meetings scheduled has always worked well for the needs of the departments, noting if there is not enough business a meeting can be cancelled. A voice vote resulted as follows on the amendment: Ayes - 3 (Legislators Kiefer, Penniman, and Schuler); Noes - 12. MOTION FAILED. A voice vote on the main motion resulted as follows: Ayes - 15; Noes - 0. RESOLUTION ADOPTED. RESOLVED, That the 2005 regular meetings of the Tompkins County Legislature are as follows: Tuesday, January 4, 2005 at 5:30 p.m. Tuesday, January 18, 2005 at 5:30 p.m. Tuesday, February 1, 2005 at 5:30 p.m. Tuesday, February 15, 2005 at 5:30 p.m. Tuesday, March 1, 2005 at 5:30 p.m. Tuesday, March 15, 2005 at 5:30 p.m. Tuesday, April 5, 2005 at 5:30 p.m. Tuesday, April 19, 2005 at 5:30 p.m. Tuesday, May 3, 2005 at 5:30 p.m. Tuesday, May 17, 2005 at 5:30 p.m. Tuesday, June 7, 2005 at 5:30 p.m. Tuesday, June 21, 2005 at 5:30 p.m. Tuesday, July 5, 2005 at 5:30 p.m. Tuesday, July 19, 2005 at 5:30 p.m. Tuesday, August 2, 2005 at 5:30 p.m. Tuesday, August 16, 2005 at 5:30 p.m. Tuesday, September 6, 2005 at 5:30 p.m. Tuesday, September 20, 2005 at 5:30 p.m. Tuesday, October 4, 2005 at 5:30 p.m. Tuesday, October 18, 2005 at 5:30 p.m. Tuesday, November 1, 2005 at 5:30 p.m. Tuesday, November 15, 2005 at 5:30 p.m. Tuesday, December 6, 2005 at 5:30 p.m. Tuesday, December 20, 2005 at 5:30 p.m. SEQR ACTION: TYPE 11-20 Reconsideration of Resolution No. 278 of 2004 - Setting Salaries of Members of the Tompkins County Legislature to be Elected for the Term Commencing January 1, 2006 14 January 4, 2005 It was MOVED by Mrs. McBean-Clairborne, seconded by Ms. Herrera, to reconsider Resolution No. 278 of 2004 - Setting Salaries of Members of the Tompkins County Legislature to be Elected for the Term Commencing January 1, 2006. A voice vote on the motion resulted as follows: Ayes - 8 (Legislators Herrera, Joseph, Kiefer, Koplinka-Loehr, McBean-Clairborne, Proto, Robertson, and Schuler); Noes - 7 (Legislators Blanchard, Booth, Lane, Penniman, Todd, Totman, and Winch). MOTION APPROVED. It was MOVED by Mr. Lane, seconded by Mr. Penniman, to bring forward the salary schedule suggested on Ms. Robertson's member -filed resolution that had the 2006 salary set at $16,500 with annual raises in five hundred dollar increments. Mr. Penniman expressed his opinion that a higher salary is necessary to recruit candidates for positions within the Legislature and noted that the schedule would be on track had the present Legislature not chosen to freeze the salaries. He also stated that there has been an increase in the form of increased premiums for health insurance which, when combined with the lower starting salary, is approximately equal to the $17,500 proposed in the resolution to be reconsidered. Mr. Totman stated he would like to know how many of the Legislators opt to use County health insurance. Ms. Robertson stated she believes the insurance issue to be irrelevant because the employee doesn't realize greater value, even though the County's cost is greater. She stated she now finds herself in a position, after further study, to be speaking at odds with her own proposal. Ms. Robertson spoke of having read information and having discussions that indicated the salary level does make a difference to potential candidates, and that a higher salary would possibly assist with diversity on the Legislature. Mr. Booth stated he does not believe it is necessary to have a higher salary level in order to obtain diversity. He noted Ithaca's City Council has some minority representation and has long had a good deal of economic diversity among its members. He also noted that local schools boards exhibit broad representation as well, and their members are not paid. Mr. Koplinka-Loehr stated when the Legislature chose to freeze salaries, both conversations ended stating that when the freeze was over the salary schedules would return to the schedules originally approved by resolution. He explained that the purpose of setting salaries prior to the election is to inform the public of the anticipated income. Mr. Koplinka-Loehr said that it was the decision of the current Legislature to modify that structure and accept the freeze, but it is not fair to do so for those who may be members at a future date. He does believe that the salary level does make a difference in many households and that being a member of the Legislature is a public service and signifies trust; compensation for service is good and without fairness in the salary level only a certain type of individual could serve. Mr. Winch said he agrees with Mr. Booth's statements and noted that Tompkins County Legislators are paid very well compared to neighboring counties. He said he has voted repeatedly against raising salaries and will do so now. Ms. Herrera said that if the amendment were passed it would place salaries lower than they had originally been approved for by the Legislature. She said salary levels can make a difference, which is why some individuals decide to run for the position and others don't. Ms. Herrera said the originally published amount is what should be kept; that progression is good for the County. She stated that it is often difficult for individuals not living with the difficulties faced by minorities to fully understand what it is like. She stated that often, even if the votes were not prevailing, it is good to be heard. Ms. Herrera said she feels it is important to be paid for the job done and will vote against the amendment. 15 January 4, 2005 Ms. Blanchard said she also agrees with Mr. Booth's point of view and will vote against any increase. She stated that if it is the desire to encourage individuals to serve on the County Legislature a good way is to cut down on the unnecessary time members voluntarily subject themselves to. Mr. Todd noted that in the 1960's when he first was a member of the County's governmental body the salary was $2,500 per year. Mr. Totman stated he did not take the position for the salary but to assist the residents of his district. He said he has worked on many boards without compensation. salaries. Ms. Schuler reminded Mr. Totman that previously he had not supported the freeze of Legislators' A voice vote on the motion to amend the salary level to $16,500 with $500 increments each year resulted as follows: Ayes - 5 (Legislators Blanchard, Lane, Penniman, Proto, and Totman); Noes - 10. MOTION FAILED. It was MOVED by Mr. Lane, seconded by Mr. Totman, to amend the salary levels to indicate a $250/year increase rather than the present $400/year increase. Mr. Penniman noted there are many ways to control costs, including amending the Legislator's share of insurance premiums. He suggested considering other ways to control costs. Mr. Winch stated he would support the amendment as it is a reduction. A voice vote on the motion to amend the salary levels to indicate a $250/year increase resulted as follows: Ayes - 6 (Legislator Blanchard, Lane, Penniman, Proto, Totman, and Winch); Noes - 9. MOTION FAILED. A roll call vote on the original motion to approve Resolution No. 278 of 2004 - Setting Salaries of Members of the Tompkins County Legislature to be Elected for the Term Commencing January 1, 2006, resulted as follows: Ayes - 8 (Legislators Herrera, Kiefer, Koplinka-Loehr, Joseph, McBean-Clairborne, Proto, Robertson, and Schuler); Noes - 7 (Legislators Blanchard, Booth, Lane, Penniman, Totman, Todd, and Winch). RESOLUTION ADOPTED. RESOLUTION RECONSIDERED (from December 21, 2004) RESOLUTION NO. 278 - SETTING SALARIES OF MEMBERS OF THE TOMPKINS COUNTY LEGISLATURE TO BE ELECTED FOR THE TERM COMMENCING JANUARY 1, 2006 MOVED by Mrs. McBean-Clairborne, seconded by Ms. Herrera. WHEREAS, elections for all 15 members of the Tompkins County Legislature will be held in 2005 for terms commencing on January 1, 2006, and WHEREAS, it is appropriate that the level of compensation be established well in advance of the election so that prospective candidates and voters will be informed as to the salaries to be paid to Legislators for lost opportunity for employment during time required, and WHEREAS, a May 1996 self-monitoring survey of Tompkins County Legislators members determined that the average monthly time commitment was 30 hours per week, and WHEREAS, an annual Cost of Living Adjustment (COLA) for County Representatives is a reasonable way to recognize this time commitment, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the annual salary for a member of the Tompkins County Legislature elected for the term commencing January 1, 2006, shall be as follows: 16 January 4, 2005 January 1, 2006 -December 31, 2006: January 1, 2007 -December 31, 2007: January 1, 2008 -December 31, 2008: January 1, 2009 -December 31, 2009: $17,500 $17,900 $18,300 $18,700 RESOLVED, further, That the annual salary for the Chair of the Tompkins County Legislature elected for the term commencing January 1, 2006 shall be one and one-half the salary of a Legislator not serving as Chairman, RESOLVED, further, That the fiscal target for the Tompkins County Legislature be adjusted accordingly each year for the salary and fringe increases of the Legislature. SEQR ACTION: TYPE 1I-20 Mr. Joseph noted the resolution filed by Legislator Robertson was moot as the resolution above was approved. Approval of Minutes No minutes were presented for approval. Adjournment On motion the meeting adjourned at 8:11 p.m. 17 January 4, 2005 Organizational Meeting Called to Order Mrs. Covert called the organizational meeting of the Tompkins County Legislature 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. (Mr. Booth arrived at 5:36 p.m.) District No. 1 - Barbara Blanchard, 316 Brookfield Road, Ithaca District No. 2 - Leslyn McBean-Clairborne, 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, McLean 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 Chair Mrs. Covert announced the first order of business was the election of a temporary chair. Mr. Koplinka-Loehr nominated Mr. Proto as Temporary Chair, seconded by Ms. Schuler. After hearing no more nominations, it was Moved by Ms. Kiefer, seconded by Ms. Robertson, and unanimously adopted by voice vote by members present, to close nominations. A voice vote resulted as follows for Temporary Chair: Ayes - 14, Noes — 0, Excused - 1 (Legislator Booth). MOTION CARRIED. Mr. Proto took the chair as Temporary Chairman. Mr. Proto asked for a moment silence for the victims of the recent tsunami in Asia as well as for those unable to be with their families while serving their country. [Mr. Booth arrived at this time.] Mr. Proto took the occasion to humorously reflect on temporary appointments, announcing he wished to appoint a temporary committee to look into the use and values of temporary committees, mentioning he would appoint to it persons with experience in being temporary such as the acting County Highway Manager, the interim Mental Health Commissioner. However, his interpretation of the authority of his appointment as temporary chairman was challenged and by vote the challenge was upheld. Mr. Proto then opened nominations for a Permanent Chair. 3 January 4, 2005 Election of a Permanent Chair Nominations were opened. Mrs. McBean-Clairborne nominated Mr. Joseph as Permanent Chair, seconded by Mr. Totman. Mrs. McBean-Clairborne stated it was her pleasure to nominate Tim Joseph as Chair of the Legislature. She spoke of his having done a capable job in the last three years and that he deserves to continue to build on what he has started; to be allowed the opportunity to do better. She spoke of Mr. Joseph being a visionary who may not always have agreement from everyone but believes in what he strives to do. She commented on Mr. Joseph's many accomplishments and foresight and that he is compassionate and willing to listen to other's opinion and attempt to provide understanding for his point of view. Mr. Winch stated that he would like to offer Mr. Joseph a challenge to open the lines of communication within the Legislature. Mr. Winch noted sometimes a leader is a loner with enough followers in order to be successful, however, others won't support a leader when there is not communication. During the last two to three years there have been many split votes and he feels some are left out due to lack of communication. He reiterated his statement to challenge Mr. Joseph to communicate better with all. Hearing no more nominations, it was MOVED by Ms. Blanchard, seconded by Mr. Todd, and unanimously adopted by voice vote, to close nominations. A voice vote resulted as follows to elect Tim Joseph Chair of the Legislature: Ayes - 14, Noes - 1 (Legislator Winch). MOTION CARRIED. Mr. Joseph said as Chair, he accepts Mr. Winch's challenge. At this time Mr. Proto turned the meeting over to Mr. Joseph, newly elected Chair. Election of a Vice Chairman The next order of business was the election of Vice Chairman and Mr. Joseph opened nominations. Ms. Robertson nominated Michael Lane as Vice Chair, seconded by Mr. Proto. Ms. Robertson spoke of working with Mr. Lane who is active in his community. She spoke of his being a steady leader with 24 years of public service, noting her appreciation for his hard work and leadership and willingness to accept tough assignments. Mr. Proto believes that Mr. Lane brings the ability to temper vision when required and proves a balance to the Legislature. Hearing no more nominations, it was MOVED by Mr. Penniman, seconded by Mr. Booth, and unanimously adopted by voice vote, to close nominations. A voice vote resulted unanimously to elect Michael Lane Vice Chair of the Tompkins County Legislature. MOTION CARRIED. Mr. Joseph read the following statement: Facing the Year Ahead "For several years now the work of the County Legislature has been dominated by budget issues: Rapidly rising mandated costs from the State, especially Medicaid; a dramatic jump in the cost of health care and retirement; double digit tax increases; County services squeezed by lack of funds; citizen complaints about both rising tax rates and the declining quality of service. This year we got a measure of 4 January 4, 2005 relief, but it remains an open question whether that represents a new trend or just a one year break in what will continue to be a bad situation. "There is reason to be concerned. The County budget problems have been driven by the shifting state expenses on to counties as the State attempts to fill the holes in its own budget. Those shifts were moderated this year in response to citizen outrage that correctly identified State government as the cause of property tax increases. But the state budget continues to have large gaps and state leaders insist that THEY will not raise taxes to cover the deficit. That raises the very real possibility that they will return to the practice of requiring counties to raise taxes to support state programs. "But there is also reason to be optimistic. The local economy is doing well. Sales tax revenues are up with good prospects for future growth. Tompkins County squarely faced our budget problems of the last few years, made difficult cuts in spending, and bit the bullet on painful, but necessary tax increases. Many other counties covered over their problems by spending down their reserves, but are imposing large tax increases this year. In contrast, we maintain a healthy fund balance and were able to reduce the tax rate this year. "But concern over budget issues should not overshadow the other achievements and challenges in the County. Our economic development efforts, through TCAD, Workforce Development, and in cooperation with the local business community have been remarkably effective. We have become, even more than in the past, a regional job center. We are the only county in the region with job growth, population growth, rising property values, and rising sales tax collections. While these things carry their own problems, they are the problems of success and prosperity rather than those of failure and decline. "The County is on the verge of issuing a prescription drug card that will aid those not covered by any drug plan. This will provide real and substantial savings to those who are currently paying retail price for needed drugs and who are not covered by either private or government health plans. "We have recently opened the new consolidated dispatch center that brings together emergency dispatching in one location. We have been moving forward on a long needed replacement for our emergency radio system, that serves fire departments, police, and ambulances. This is the year to move from planning to actually constructing the system. "TCAT, our public bus system, has been through a long and difficult transition to a non-profit structure that will allow it to continue to receive essential state and federal funding. "Our airport is faced with stagnant usage and the potential loss of all commercial service if US Airways fails. The airport is crucial to our continued economic health. Fortunately, the extraordinary efforts of the Air Service Task Force, a partnership between government, Cornell, and the local business community, have put us in a position to attract new air service into the county in the near future. "Near the end of 2004 the county finally reached a decision not to proceed with an expansion of our jail capacity. The State Commission of Corrections has responded punitively by arbitrarily capping our population at 58 instead of the 73 that our facility is designed for and capable of housing. In my opinion this is gross abuse of power for which they have no legal authority. Our most productive response will be to redouble our efforts in the coming year to promote reform and rehabilitation strategies through the criminal justice system that will both reduce our jail population and make our community a safer place to live. "We have made a commitment to increasing the diversity of our county workforce so that it more closely resembles the people who live here. This is essential if we are to serve all people well. 5 January 4, 2005 "We have made increasing use in recent times of citizen task forces that have helped to focus expertise and public input on specific issues such as budget process, income tax, and the airport. I expect us to continue this creative and valuable form of community involvement with a new diversity task force, at the same time that we continue some of those now working. "We have undertaken a strategic planning process that we hope will help to clarify the issues that face us, prioritize our responses, and undertake proactive efforts to improve county government. "We can anticipate a challenging and difficult year ahead. With luck it will also be fun and rewarding, both for us on the Legislature and for the people we serve." Mr. Joseph then indicated that 2005 Committee assignments were provided to members. He noted that in response to requests made to accommodate legislative members and staff the number of committees has been reduced, with responsibilities spread out to the remaining committees. Mr. Joseph also noted that at this time no further assignments were being made and that the present Legislature representation on advisory boards and other committees will remain as they were for 2004. He then reported that a draft schedule was also provided for review; presently scheduled meetings of Committees based on 2004 should be held as scheduled. Reading by Tompkins County Poet Laureate Ms. Michelle Berry, Tompkins County Poet Laureate, read the following poems: Only in America A Humorous Poem drafted at 5:15 p.m. on the evening of appearing before the Legislature and waiting to be called forward to read a series of poems. While the Temporary Chair reads from papers, I get nervous. I'm not sure what he is going to do. And then I thought of fruitcake. And of the Holidays. My mind turned to egg nog. Why on earth do we drink eggnog? But it's oh, so very good, and also very bad. High in cholesterol and sweet, the fattening combination of egg, cream, and more. Why do we promise to work out, buy annual gym memberships, but go only twice? And why on earth, in America, do we end up making something like yoga, competitive? Only in America could we make an entire industry called "self help," But then ignore all advice. Only in America could a carbohydrate be thought of as evil, And only in America would we eat fruitcake, even though we don't like it. And now, so soon after the Holidays, our waists puff and thicken From too many rolls, desserts, and consumption. If we are to make just one resolution this year, let us resolve to be happy with ourselves Our natural, non-Botoxed wrinkles Our non -liposuction 6 bodies, Let us go back to carbs, make no binding resolutions and learn To just love our big fat bellies. © Michelle Courtney Berry January 4, 2005 Enigma 1 My father never talked much, When he did, he carne right to the point Didn't spare feelings or sugar coat, nor dance around a topic. A Virgo like my daughter, and Leslyn McBean-Clairborne, he was a deep thinker, Quiet, and prone to frowning. His was a short staccato— A burst of feeling --occasionally warm, but usually cranky. My mother on the other hand, was verbose, melodic, a performance artist Who liked to drag things out—namely songs and arguments. She was a plate spinner, replete with magic tricks and smiles. But she never got to the point, just danced around the edges of things long enough To give you the impression she was less complicated than my father and easier to understand— Because she told you difficult things Things you should never confess to small children. Years later, I learned she was not any easier to know than my father. They were both enigmas. 2 I never knew how much time I would spend trying to unravel their mysteries Trying to make sense of their complications, their sweetness, their cruelty. Once, when my mother was dared by my father to prove her machismo She shot a red squirrel in the heart. I will never forget how her face fell when she saw that I saw. Another time, my father was telling my mother about the latest meeting of the Republican Party. He was grinning, while my mother was laughing And cutting out little donkeys from fabric, she'd later sew on shirts for her meetings. But this was no tale of two different ideologies convalescing for love. It was simply one about my father's spying. In a small town dominated Republicans, he felt it was best to pretend to be a Republican. He always voted for the Democrats, or so he told us. I think of this family that we were, the three of us in our small log cabin in the country Our house often lit by kerosene or candlelight or woodstove when the power went out. I try often, maybe more so this time of year, to make sense of what was true and what was untrue Try to understand what I learned from them of power, place, and circumstance. Try to make sense of who my daughter is, how she stares at her tiny hands for hours, Opening and closing them into fists. How she seems to know everything already, like a little God, and yet, She even seems to know that she has to forget it all, because adults require dumbness. What will she think of her house, her mother, her father? What ways will we explain war, tragedy, tsunami, and heartache? How can we explain how our country's two political parties only pull together best When there's a tragedy we can't blame on each other? How will I tell her that know one really knows anyone else 7 January 4, 2005 That what we do in the voting booth behind the curtain is the real truth No matter what we tell another later about how we voted? And what will she write of us, her parents? That we, despite our best efforts, were in the end, also unknowable? © Michelle Courtney Berry HOW MY FATHER PREPARED ME When I was eleven My father felt I needed some sort of coming of age experience. Two years shy of the age for a bat mitzvah, and not Jewish, He came up something so original No other black girl I knew had ever experienced it—he took me ice fishing. His voice drowned out my mother's protests. She 's black, Ma, she may as well learn suffering. Trees bearded with ice, the smoked sky, and everywhere the sound of falling, As the truck rattled the ice rods, spinning reels, and compasses. In the hitch: blankets, buckets, and two -dozen crappie minnows in the rusted red tin. My father, seated like Buddha, adjusts the bucket, drills the holes and pitches forward. Man, he laughs, it's cold! But how long can you sit on a bucket, watching white -skinned evergreens, The hoof -eyed doe skittering, and the downy -sun blindness? In the end, ice fishing is an act of desperation. Many years before he died, my father fell through the ice, Kicked his way back to memory, Came home blued and withered, refusing, as always, to talk. Now, the orange flag bolts up, The bass knows and thrashes. We tug and grip the line. My father yelps, the stakes heave, and fluorescent rods stripe the sky. We win—meaning, the bass got tired of all the flailing, The ridiculous jerking, and—heaved itself out of the water and just gave in. More annoyed than startled, its dark eye pulsed. Its mouth opened and closed. My own mouth opened and closed— Daddy please can we save it? Can 't we toss it back in? Don 't cry, my father said, everything dies. With the bass in the crook of an arm, his hand in mine, The army of weapons and gadgets gathered, It's snowing. © Michelle Courtney Berry Privilege of the Floor by the Public Fay Gougakis, City of Ithaca resident, spoke of her concern regarding the restructuring and proposed increase in rates related to Tompkins Consolidated Area Transit (TCAT). She said she has to have trust that the Legislature is making a wise decision related to the restructuring and stated she does not feel the rates should be increased and/or routes eliminated. 8 January 4, 2005 Ms. Gougakis then spoke of a recent editorial authored by her in the Ithaca Journal relating to the Cornell University Lake Source Cooling facility's request to reduce the required monitoring within the lake. She noted the address for the Department of Environmental Conservation was eliminated and provided this information to the Legislature and public. Privilege of the Floor by Legislators Mr. Lane, District No. 14 Legislator, thanked Mr. Proto for requesting the moment of silence for the victims of the tsunami. He reported that two employees of Tompkins Cortland Community College were caught in this devastating natural disaster and although they were injured, they were fortunate to have survived. He asked that all victims be kept in people's thoughts. Ms. Schuler, District No. 4 Legislator, called attention to the quilt that was recently hung in the Legislative Chambers, noting it depicts Sacagawea, a famous Native American in history, and is the work of local resident Pat E. Davis. She reported Mr. Braun, Executive Director of The History Center, will speak to the Legislature about the quilt at its next meeting. Ms. Schuler then reported there will be a sustainable technology showcase taking place at the Women's Community Center on January 28, 2005. This showcase will highlight sustainable enterprises in New York and requires a registration fee and response prior to January 14, 2005. Ms. Robertson, District No. 13 Legislator, reported that on January 6, 2005, the Congress will be called upon to certify the electoral vote. She said that contrary to reports in the mainstream media the election was not problem -free. She believed that a full investigation of every aspect of the election is necessary and hopes that, in time, the Electoral College will be eliminated. She noted that our Constitution provides for "one person, one vote," but the Electoral College denies this. Mrs. McBean-Clairborne, District No. 2 Legislator, spoke of former United States Congresswoman Shirley Chisolm's passing and her accomplishments in her career as a public servant and expressed admiration of Ms. Chisolm and stated she hoped to be able to accomplish at least a portion of what the US representative had. Mrs. McBean-Clairborne then spoke of upcoming events celebrating Martin Luther King, Jr., Day; a breakfast at Greater Ithaca Activities Center on January 15th at 9:00 a.m. and on January 17th the Human Rights Commission will honor writing contests at Beverly J. Martin School. Mr. Proto, District No. 7 Legislator, thanked Mr. Winch and Mr. Lane for their comments related to the tsunami disaster. He reported that at the January 6, 2005, Consumer and Community Affairs Committee last official meeting he will be presenting a resolution asking for review of the Universal Service Charge. He noted that his most recent telephone bill indicated that in addition to the surcharge there will be a sales tax attached to it as well. Mr. Proto then noted that while there had been difficulties and delays during the Christmas holiday at the Philadelphia Airport's US Air stations, hundreds of US Air employees volunteered their time on the New Year's holiday to avoid having delays again. Ms. Robertson said that the difficulties that occurred relating to lost luggage were not exclusively a problem that US Air had, reports throughout the Midwest indicated it was occurring with all airlines. Mr. Booth, District No. 3 Legislator, thanked Ms. Gougakis for her concerns relating to the Cayuga Lake Source cooling. He noted that this situation is an indication of broader issues that the State Department of Environmental Conservation is a weakened agency that cannot keep up with monitoring. Mr. Booth stated this problem is serious and long standing and the present situation is one more indication of some of the problems facing the agency. 9 January 18, 2005 Regular Meeting Public Hearing - Reconstruction of the McLean -Cortland Road and Bridge in the Town of Groton Chair Joseph called a public hearing to order at 5:30 p.m. concerning the reconstruction of the McLean -Cortland Road and Bridge in the Town of Groton and the impact on the environment and residents of the locality where said project will be constructed. No one wished to speak and the public hearing was closed at 5:31 p.m. (Mr. Jack Miller made a statement relative to this issue under Privilege of the Floor by the Public). 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: 15 Legislators. Mr. Todd and Mr. Totman were excused at 7:25 p.m. Privilege of the Floor by the Public Jack Miller, McLean resident, read and submitted the following statement for the record: "I come here as representative of McLean Fire Dept. and chairman of the McLean Fire District Commissioners to speak to you about the Eminent Domain procedure against the McLean Fire District. John Lampman came to the Fire District meeting on Nov. 15, 2004 to show us what was needed by Tompkins County for the rebuilding of the School St Bridge in McLean. He presented (2) issues: 1- The need for 1 tenth acre for new bridge approachment. 2- The use of place to setup crane to work on bridge "We have just purchased the 1.1 acre property in July 2004 for our further use as community center/fire station. The Tompkins County Assessment of this property is $95,000, the offer we received we find is not in line with the Tompkins county assessed value. "We discussed with Mr. Lampman (3) alternatives: 1- Due to what we see as your under value offer, we spoke to him about doing some creek bank stabilization, from the point where the fire district left off some years ago to the new bridge abutment on the East side of Fall Creek. 2- Remove and fill in old septic tank site so as to provide Tompkins County a site to set their crane up for this rebuilding of the bridge. 3- Finally we suggest the in-kind work would benefit both organizations and is preferable and there for removes a need for financial exchange. Mr. Lampman stated he was unable to make any commitment on first two issues, as it would b e up to the contractor for these items to be used as replacement of the funding. Finally if our request of first (2) issues cannot be met, then we request a payment of $4,200 dollars. He stated he was not authorized for this amount, or the requested work. But he would go back to discuss these matters and call us very soon. "Your response to our request for further talks is to place a legal notice in Ithaca Journal for Eminent Domain Procedures which we saw by chance on Jan. 6, 2005. 18 January 18, 2005 "Let us be first to congratulate you on your first fast action on this matter (60 days only). As a fire dept. we have waited 7 or 8 years for you to improve our emergency alerting system and our mobile radio communications system. (No 60 Days Here) Further we requested on Aug. 2004 to Tompkins County Assessment Dept. to remove this property at 6 School St. from the assessment rolls, but received letter stating this would take (8) months or March 2005. Again not 60 Days. This in turn has our fire personnel having to do fund raising events, to pay the $2,000 dollars in taxes this month. This could much better be spent in repairs to our 1975 tank truck. "We had thought that in the aftermath of lawsuits filed by the municipalities a few years ago there might be some improvement between local government (GUESS NOT). Resorting to this heavy handed approach at this time when we should be building a cooperative relationship seems counterproductive and we remain willing to continue the discussion." Matt Braun, Executive Director of the History Center of Tompkins County, called the Legislature's attention to the new quilt on display. He stated quilts are provided on loan to the Tompkins County Legislature in recognition of the supportive relationship that has existed for over fifty years between the two organizations, ensuring that centuries -worth of the community's history are housed safely for use by future generations. Mr. Braun said the quilt now on display was made by local artist, Patty Elwin Davis, and is entitled Sacagawea. Sacagawea was the Shoshone Indian guide to the Lewis and Clark Expedition of 1804-1806. This quilt is part of a larger award-winning group of quilts designed by Ms. Davis that celebrates the Lewis and Clark Expedition and is now display with the traveling Lewis and Clark re-enactment troop currently located in Oregon. Mr. Braun said this Voyage of Discovery is thought to be the most momentous expedition in American history. Carolyn Grigorov, Town of Ithaca, spoke of the proposed action by this Legislature to authorize the design phase of the Coddington Road project. She said many residents of Coddington Road attended a meeting last week to discuss the impacts of this project. John Lampan, Acting Highway Manager, was in attendance at that meeting and was very helpful in answering questions posed by residents. Ms. Grigorov said they understand work needs to be done to Coddington but that the County's goals can be met while preserving the neighborhood and saving money at the same time. She said most agreed they would like to see the current ten -foot lane be nine, to have four -foot paved shoulders for bicyclists and walkers wherever possible, drainage placed in ditches, and minimal roadside clearance. She said she hopes the County would consider these ideas and the severe impact the original plan could have on the road and neighborhood. Privilege of the Floor by Legislators Mr. Joseph asked Mr. Wood to respond to comments made earlier with regard to Eminent Domain proceedings. Mr. Wood explained that under the Eminent Domain Procedures Law there are two different proceedings. There is one to take property and another entirely different proceeding which deals with what people get paid for it. He said the only thing that is ever at issue in the part of taking property is whether it is for a public purpose. He said the first consists of going through a lot of procedures and includes holding a public hearing. He said that doesn't have anything to do with negotiating with property owners as this is a totally separate procedure. Mr. Wood stated the County has never had unsuccessful negotiations with property owners and has not had to resort to taking a property through eminent domain procedures. He stressed that the public hearing was held this evening for the basis of following required procedures. Presentation of Distinguished Youth Award Mr. Proto, District No. 7 Legislator, presented the January, 2005, Distinguished Youth Award to Andrew Dunnick, member of the Danby Fire Department. At age 17, Mr. Dunnick has been a member of the Department for a year and since that time has responded to many emergency situations and on one 19 January 18, 2005 occasion saved the life of an individual in distress. While attending school and also preparing for college, Andrew has attended training courses and is now qualified as an interior firefighter. He has introduced other students to the fire company and has recruited new members. Mr. Proto said Mr. Dunnick exemplifies the tradition of the fire services, including the spirit of community and self-sacrifice. His devotion to the company is in keeping with his other academic and civic accomplishments in high school. He is on the academic honor roll at Ithaca High School, has been inducted into the National Honor Society, is Vice President of the Senior Class, is Co -President of the Model United Nations Club, Captain of the Varsity Tennis team, a writer for the School Newspaper, and an Eagle Scout. Privilege of the Floor by Legislators (continued) Ms. Robertson, District No. 13 Legislator, said a presentation that was intended for this evening by Lisa Holmes of the Office for the Aging, on the results of the Countywide survey on senior needs, has been postponed to a later date. Ms. Robertson announced the annual meeting of the Human Services Coalition will be held on February 1 from noon to 2 p.m. at the Women's Community Building. The speaker will be Mildred Warner from the Department of City and Regional Planning at Cornell University. Ms. Warner will speak about valuing human services from an economic -development perspective. Ms. Schuler, District No. 4 Legislator, reported Carol Kammen, Tompkins County Historian, was named New York State Public Historian of the Year. Ms. Kammen was recognized for her experience and broad experience at the town, village, and county level. She has been a tireless mentor to town and village historians in Tompkins County and elsewhere. Most recently Ms. Kammen worked with municipal historians to produce and publish Place Names of Tompkins County. As Local Historian of the Year, Ms. Kammen will also serve next year as Chair of the Commissioner of Education's Council on State and Local History. Ms. Schuler noted Ms. Kammen is only the third person to have been designated Local Historian of the Year. Presentation - Help America Vote Act Bo Lipari of New Yorkers for Verified Voting, made a presentation to the Legislature on different ways Tompkins County can comply with HAVA (Help America Vote Act) in terms of voting equipment in New York State. He explained HAVA requires New York State to provide voter -accessible disabled - accessible voting equipment. This means in New York State that lever machines will be replaced with an alternative -type of technology. At the State and local levels up until now only one option has been discussed -- electronic touch -screen voting machines (referred to as Direct Recording Electronic, or DRE's). He said there are two types of DRE machines under consideration; a paperless voting machine that records votes all day long only with computer memory and the electronic media attached to it, and a paper ballot/precinct-based optical scan voting system. Mr. Lipari reviewed advantages and disadvantages to each system as well as cost comparisons and noted that last year Tompkins County adopted a resolution calling for voter -verified paper ballots. He applauded the Legislature for taking that action and urged adoption of the resolution on the agenda entitled Advocating Certification of HAVA-Compliant Voting Machines and Related Election Law Improvements. Mr. Penniman said the Consumer and Community Affairs Committee received information stating the up -front costs are lower for the optical scan units but that the ongoing costs for printing the much larger number of ballots would actually be more. Mr. Lipari said he spoke at a League of Women Voters meeting in Steuben County where this was the only objection raised to the optical -scan system. He said although that information is true, it is only a part of the picture. When ongoing costs of a voting system are looked at it is incorrect to take any single element that may be more expensive and use it to state ongoing costs are more. He said when you look at a system such as this you need to look at the 20 January 18, 2005 lifetime costs of the system and a number of features over the lifetime of the system. He said not only the initial capital cost of the system but the per-unit storage cost including battery charging, per unit configuration and calibration and ballot -programming cost, annual per unit labor cost for logic and accuracy testing, unit operating costs for the DRE's versus the optical scanning, and the annual polling - place staffing and training cost. He said even if one were to assume that the maintenance per unit cost for an optical -scan machine and a DRE is equivalent, we will need approximately 20 percent fewer optical - scan machines. He noted that last week the Ohio Secretary of State announced that Ohio will use the optical scan system for reasons of costs, compliance, and availability. The presentation concluded at this time and with agreement by the Legislature, Mr. Joseph moved the resolution pertaining to this subject up on the agenda. Presentation of Resolution(s) from the Consumer and Community Affairs Committee RESOLUTION NO. 3 - ADVOCATING CERTIFICATION OF HAVA-COMPLIANT VOTING MACHINES AND RELATED ELECTION LAW IMPROVEMENTS MOVED by Ms. Kiefer, seconded by Ms. Robertson. Mr. Lane thanked Mr. Lipari for the work he has done on this; however, he said he does not agree with New York State reverting to a paper ballot system. He cautioned against this Legislature taking the State of Ohio's actions as being a good precedent here. Mr. Lane said he fully supports having a voter -verifiable paper entry on a DRE and feels that is a necessity in this day and age but to say that because it is a less-expensive system to revert to paper ballots, is not the right answer. Mr. Penniman highlighted changes that were made at the Committee level and highlighted that the way this resolution is worded, it makes the optical -scanning machines as the HAVA- compliant machine of choice but it does not exclude other types of machines as long as they have voter - verifiable systems. Mr. Proto said this resolution does not require Tompkins County to purchase anything; it urges the State of New York to consider the content of this resolution as the State continues its deliberations on this matter. . Ms. Robertson stated the funding is meant to be 95 percent federal funding and the State is being asked to pick up the other five percent rather than it becoming a responsibility of counties She said this is an important issue because some counties have fewer resources than others. Mr. Todd said our system with lever machines is not broken, so there is not need to fix it. Mr. Winch said he has many unanswered questions about this issue and, therefore, cannot support the resolution. Ms. Kiefer, Chair of the Consumer and Community Affairs Committee, agreed with Mr. Penniman and Mr. Proto's comments, noted Mr. Lipari is not a salesman but a computer software engineer, and thanked him for his detailed research. A voice vote resulted as follows: Ayes - 11, Noes - 4 (Legislators Lane, Todd, Totman, and Winch). RESOLUTION ADOPTED. WHEREAS, free and fair elections provide the backbone of our democracy, and public confidence in the election system is crucial, and WHEREAS, in October 2002, in response to the election debacle in Florida, Congress passed the Help America Vote Act (HAVA) to help States replace antiquated and unreliable voting systems and make voting accessible to people with disabilities, and WHEREAS, New York State has yet to specify the details of its compliance with HAVA, but must act expeditiously or risk losing federal funding, and WHEREAS, as it considers voting issues related to HAVA, the State Legislature should use the opportunity to consider additional election reform, and WHEREAS, locally we have studied and gathered information that we believe can help inform our State Legislature in its deliberations on these issues, and 21 January 18, 2005 WHEREAS, optical scanners (paper ballot/election-district-based optical scan voting systems) are the most reliable, user-friendly and cost-effective technology, and can be supplemented with adaptive ballot marking devices that render this system usable by people with disabilities, now therefore be it RESOLVED, on recommendation of the Consumer and Community Affairs Committee, That the Tompkins County Legislature urges the New York State Assembly, Senate, and Governor to certify optical scanning machines with full -face ballots as the HAVA-compliant machine of choice for New York State, RESOLVED, further, That the Tompkins County Legislature urges the New York State Assembly, Senate, and Governor to incorporate the following: • If other than optical scanning systems are certified, all voting systems must produce a voter - verified permanent paper record for use in manual audits and recounts. This requirement means that any system must include a ballot that each voter would verify as accurate and that would be reserved in a secure manner for later use in a recount; • If other than optical scanning systems are certified, all voting systems must be equipped with adaptive devices, so persons with visual and other disabilities can use the same system that will still provide a voter -verified paper ballot; • Ban the use of undisclosed software and wireless communications devices in systems for voting and the tabulation of vote totals; • Require election -district -level tabulation and public posting of each election -district's results at each polling place when the polls close; • Require mandatory, random surprise audits in not less than 3.0 percent of election districts in each county; RESOLVED, further, That our election process be further improved by: • Allowing; split shifts for election inspectors, to ease the difficulty of finding competent persons willing to do this important work. It should be perfectly possible to provide for secure switchover of personnel at the midpoint on Election Day without compromising the vote; • Having the five percent cost not covered by Federal HAVA funds be paid by New York State rather than its individual counties (so as not to create a hardship on counties with fewer local resources and because the source of funds at the state level is more broad based). Allowing; absentee balloting without requiring an excuse (joining the twenty-five other states that do so). RESOLVED, further, That this Legislature requests that New York State's HAVA implementation plan be amended in accordance with the above-bulleted list in a timely manner so that New York State will have sufficient time to receive Federal monies and purchase appropriate equipment, RESOLVED, further, That a copy of this resolution be sent to President George W. Bush, Senators Schumer and Clinton, Congressmen Boehlert and Hinchey, Governor George Pataki, HAVA Conference Committee members, State Senators Bruno, Winner, Seward and Nozzolio, State Assemblymembers Silver and Lifton, and Deputy Executive Director, New York State Board of Elections, Peter Kosinski. SEQR ACTION: TYPE II -20 Addition of Resolution(s) to the Agenda It was MOVED by Mr. Penniman, seconded by Ms. Schuler, and unanimously adopted by voice vote, to add the resolution entitled Authorizing the County Administrator to Enter into an Air Service Development Agreement - Ithaca Tompkins Regional Airport. Presentation of Resolution(s) from the Facilities and Infrastructure Committee 22 January 18, 2005 RESOLUTION NO. 4 - AUTHORIZING THE COUNTY ADMINISTRATOR TO ENTER INTO AN AIR SERVICE DEVELOPMENT AGREEMENT - ITHACA TOMPKINS REGIONAL AIRPORT MOVED by Mr. Penniman, seconded by Mr. Booth. Ms. Blanchard reported on activities of the Air Service Task Force and what services will be included in this agreement. She thanked all of the members of the Task Force for their hard work in putting this together. Mr. Booth added a thank you to Ms. Blanchard for all of her work. Mr. Lane said this is a wonderful milestone for Tompkins County. He said the economic well- being of Tompkins County is very much connected with the Airport and that the ability to attract a second airliner to make this connection to a major hub such as Detroit places Tompkins County in a position for continued attraction to businesses that want to develop in Tompkins County. Mr. Joseph said this is the most remarkable partnership that he has seen in his time in County government. He said it brought together County government, Cornell University, other local governments, and the business community in a way that he has not seen before. He said that partnership is represented on the Air Service Task Force but is also represented as being parts of this agreement. Mr. Joseph said Cornell is taking on a substantial part of the revenue guarantee that gets Northwest to come to Tompkins County, and so is the business community through cooperation of the Chamber of Commerce, but also acting as individual businesses and taking a piece of the revenue guarantee. Ms. Herrera said she will support this resolution. She feels it is important for economic development, will keep and bring jobs to the area, and is impressed as Mr. Joseph by the way this agreement was negotiated. However, Ms. Herrera said she has concerns about what will happen beyond the one-year revenue guarantee and does not want to see taxpayers bear the burden of this and be subsidizing private businesses. Mrs. McBean-Clairborne asked that the County do everything possible to ensure the current airline (US Air) using the Ithaca Regional Airport remains using the facility. Mr. Winch spoke in support of this resolution and said he believes this is a chance for an economic turnaround at the Tompkins County Airport. A voice vote resulted as follows: Ayes - 14, Noes - 0, Temporarily out of the room - 1 (Legislator Proto). RESOLUTION ADOPTED. WHEREAS, the Air Service Task Force has identified the benefit of additional airline service at the Ithaca Tompkins Regional Airport, and WHEREAS, Northwest Airlines, Inc., has proposed an Air Service Development Agreement which would provide for two daily flights to the Northwest hub in Detroit, Michigan, from the Airport, and WHEREAS, such additional air service would serve the interest of the community, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the County Administrator is authorized to enter into an Air Service Development Agreement with Northwest Airlines, Inc., RESOLVED, further, That the County Administrator is authorized to enter into all necessary agreements, including a lease agreement, necessary to effectuate the additional air service. SEQR ACTION: TYPE I1-20 Addition of Resolution(s) to the Agenda It was MOVED by Ms. Robertson, seconded by Ms. Schuler, and unanimously adopted by voice vote, to add to the agenda the resolution entitled Supporting the Community Prescription Drug Discount 23 January 18, 2005 Care Program. Ms. Robertson noted that Rx cards are available at all pharmacies. Mr. Todd noted if Tompkins County can do this, why not New York State? Presentation of Resolution(s) from the Health and Human Services Committee RESOLUTION NO. 5 - SUPPORTING THE COMMUNITY PRESCRIPTION DRUG DISCOUNT CARD PROGRAM MOVED by Ms. Robertson, seconded by Mr. Koplinka-Loehr, and unanimously adopted by voice vote. WHEREAS, health care costs have been rising yearly far above the rate of inflation, and the cost of prescription drugs is the fastest-growing factor contributing to this growth, and WHEREAS, many individuals, such as senior citizens, self-employed people, part-time workers, and workers in low -to -moderate wage jobs, have inadequate or no insurance coverage for prescription drug costs, and WHEREAS, according to a report from the National Center for Health Statistics, more than 40 percent of Americans take at least one prescription drug, and 17 percent take three or more (New York Times, 12-3-05), and WHEREAS, several counties in New York State have entered into agreements with pharmacy benefits managers (PBMs) who negotiate discounted prescription drug costs with pharmacies and other suppliers to provide county residents a discount card to purchase prescription drugs at a reduced price, and WHEREAS, the Health and Human Services Committee investigated the various PBMs and the programs they offer, to address this critical need within the community and seek financial relief for the uninsured and underinsured, and WHEREAS, the discount card offered by CaremarkRx requires no application fee or application process for residents to use the discount card, and there is no cost to taxpayers or users for the CaremarkRx program, now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, That the Tompkins County Legislature supports the prescription drug discount card program offered by CaremarkRx of Nashville, Tennessee, to provide prescription drug discounts for uninsured and underinsured Tompkins County residents, RESOLVED, further, That any resident may use the discount card, and publicity and outreach efforts will be made to distribute the cards and publicize their value. SEQR ACTION: TYPE 11-20 Presentation of Resolution(s) from the Consumer and Community Affairs Committee RESOLUTION NO. 6 URGING REFORM OF THE UNIVERSAL SERVICE FUND TO PROVIDE EDUCATION TO ALL ELIGIBLE APPLICANTS, TO SUSPEND THE ABILITY TO CHARGE SALES TAX ON SAID CHARGE, AND TO STREAMLINE THE APPLICATIONS PROCESS MOVED by Ms. Kiefer, seconded by Mr. Proto. Mr. Proto called attention to phone bills and said starting in February a New York State sales tax will be charged on this fee. He noted this fund collected $5,174,622,000 in 2002. He said his opposition to this fee is based on the substantial amount of money collected from Tompkins County and the lack of return Tompkins County sees on those monies. A voice vote resulted as follows: Ayes - 15, Noes - 0. RESOLUTION ADOPTED. 24 January 18, 2005 WHEREAS, the Telecommunications Act (TCA) of 1996, mandated that all Americans receive the benefits of universal service - affordable and efficient access to telecommunications and information services, and WHEREAS, the TCA of 1996 established four support -mechanism categories: High Cost Support (for telecommunication company use); Low -Income (Lifeline) Support for companies serving low- income groups; Rural Health Care Support (for rural health care providers); and Schools and Libraries (E - rate) support, each having its own set of eligibility rules, and WHEREAS, the Universal Service Administration Company (USAC), a private corporation, was established in 1997, and retained to accomplish that purpose, and WHEREAS, the Universal Service Fund of USAC is charged with collecting and providing the funding for the four support mechanisms by collecting "contributions" from telecommunications companies in the United States, and WHEREAS, the telecommunication companies are required to pay a specific percentage of their revenues from interstate and international revenues into the Fund, and WHEREAS, these "contributions" are collected by formula from the customers of all the telecommunications companies on a monthly basis and remitted to the fund at least quarterly, and WHEREAS, these funds then become available to eligible applicants for redistribution in order to defray the cost of delivering the services in the four categories previously noted, and WHEREAS, it was estimated in 1994 by then Fire and Disaster Coordinator Jack Miller, that those Tompkins County telephone customers required to contribute conservatively numbered 50,000, and at an average of $2 per month would contribute in excess of $1 million annually, and these contributions have continued each year since, and WHEREAS, the annual reports of USAC, most recent being 2003, shows the total receipts of eligible Tompkins County applicants at less than $100,000, and WHEREAS, our local applicants have found access via annual application with documentation difficult and time-consuming considering the small return, and WHERE.AS, our local healthcare network, including the Health Planning Council, and Cayuga Medical Center, were not aware of any such funding stream, and WHEREAS, starting in January 2005, local telephone companies will be collecting New York State taxes on these "contributions", now therefore be it RESOLVED, on recommendation of the Consumer and Community Affairs Committee, That an immediate effort be made by USAC to educate and alert all eligible potential applicants to the availability of the fund, RESOLVED, further, That the imposition of New York State taxes be postponed indefinitely, or reversed entirely, RESOLVED, further, That the application process be streamlined to allow the smallest applicants access and that funds be put back into the communities generating them. SEQR ACTION: TYPE 11-20 Chair's Report and Appointment(s) Mr. Joseph reported the Governor held a press conference today to announce his budget during which he proposed a cap on the local share of Medicaid. Mr. Joseph said it is a cap on the growth on the local share and begins next year. He said the proposal is that in 2006 the local share of Medicaid be capped at the 2005 level plus three and a half percent. In 2007, it will be plus another three and a quarter percent and from then on three percent growth every year. Mr. Joseph said that is not a cap on the local share; however, it is a cap on the growth of the local shares, which has been larger than that in recent years. The Governor also proposed n some Medicaid spending reductions to go along with that cap primarily increased taxes on nursing homes and hospitals. Mr. Joseph said because Tompkins County does not own a nursing home or hospital it would result in a reduction in cost for Tompkins County. Another part of the cuts that were proposed was elimination of mental health services under Family Health Plus. According to the figures released Tompkins County would save a total of $1.1 million. Mr. 25 January 18, 2005 Joseph said he does not agree with those figures and doesn't think the cap is likely to happen since it is tied to Medicaid cuts. Mr. Joseph reminded the Legislature that on January 24 the Lobby Day on Medicaid will take place in Albany. Chair Joseph made the following appointment(s): 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 Dan Winch Kathy Luz Herrera (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 Report from the County Administrator Mr. Whicher reported on the Mental Health Commissioner search process and said he expects a recommendation will be made to the Legislature at the February 1 meeting. He said interviews will begin in early February for the position of Highway Manager. Mr. Whicher said he purchased a number of copies of "Measuring Up, Governing's Guide to Performance Measurement for Geniuses and Other Public Measures", and will place copies on file in the Legislature Office. Mr. Whicher requested an executive session to discuss contract negotiations to be held later in the meeting. Report from the County Attorney Mr. Wood had no report. Report from the Finance Director Mr. Squires distributed final sales tax figures for 2004, and said the budget will be exceeded by approximately $1.9 million. He said receipts for 2004 totaled $25,869,000 and the budget figure for 2005 26 January 18, 2005 is $25,050,000. He noted that during the last quarter there was a large shift of activity in the City of Ithaca; however, he is unsure why at this time. Addition of Resolution(s) to the Agenda It was MOVED by Ms. Robertson, seconded by Mr. Penniman, to add the resolution to the agenda entitled Budget Adjustments - Various Departments. Approval of Resolution(s) Under the Consent Agenda It was MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice vote, to approve the following resolution(s) under the Consent Agenda. RESOLUTION NO. 7 - AUTHORIZATION TO EXECUTE FUNDING AGREEMENT WITH NEW YORK STATE DEPARTMENT OF TRANSPORTATION — NEWFIELD DEPOT ROAD BRIDGE (BIN 3314380) OVER CAYUGA INLET MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, a Project to rehabilitate the Newfield Depot Road Bridge over the Cayuga Inlet, BIN 3314380, P.I.N. 3753.21, (the Project) in the Town of Newfield, is eligible for funding under Title 23 United States Code, as amended, that calls for the apportionment of the costs of such program to be borne at the ratio of eighty percent Federal funds and twenty percent non -Federal funds, and WHEREAS, in order to expedite advancement of the Project and realize potential total project cost reductions, the Highway Division sought permission from the New York State Department of Transportation to administer the project locally, and WHEREAS, the New York State Department of Transportation requires for locally administered projects that the County appropriate one hundred percent of the project costs and then file for reimbursement of eligible costs, 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 Scoping, Design (Phases I - VI) and Rights of Way Incidentals, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the Tompkins County Legislature hereby approves the above -subject project and authorizes the County of Tompkins to pay in the first instance one hundred percent of the Federal and non -Federal share of the costs of Scoping, Design (Phases I -VI), and Rights of Way Incidental work for the subject Project or portions thereof, RESOLVED, further, That the sum of $100,000.00 is hereby made available within account HZ5103.59239.53.09, Newfield Depot Capital Project Account, to cover the cost of participation in the above design phase of the Project, RESOLVED, further, That in the event the full Federal and non -Federal share costs of the project exceeds the amount appropriated above, the County Legislature shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the New York State Department of Transportation thereof, RESOLVED, further, That the Tompkins County Highway Manager be and hereby is authorized to execute all necessary Agreements, certifications, and reimbursement requests for Federal Aid and/or Marchiselli Aid on behalf of the County of Tompkins with the New York State Department of Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality's first -instance funding of Project costs and permanent funding the local share of Federal -aid and State -aid -eligible Project costs and all Project costs within appropriations therefore that are not so eligible, 27 January 18, 2005 RESOLVED, further, That a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project, RESOLVED, further, That this resolution shall take effect immediately. SEQR ACTION: TYPE II -21 RESOLUTION NO. 8 - AUTHORIZATION TO EXECUTE FUNDING AGREEMENT WITH NEW YORK STATE DEPARTMENT OF TRANSPORTATION — RINGWOOD ROAD BRIDGE (BIN 3314160) OVER CASCADILLA CREEK MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, a Project to replace the Ringwood Road Bridge over Cascadilla Creek, BIN 3314160, P.I.N. 3753.20, (the Project) in the Town of Dryden, is eligible for funding under Title 23 United States Code, as amended, that calls for the apportionment of the costs of such program to be borne at the ratio of eighty percent Federal funds and twenty percent non -Federal funds, and WHEREAS, in order to expedite advancement of the Project and realize potential total project cost reductions, the Highway Division sought permission from the New York State Department of Transportation to administer the project locally, and WHEREAS, the New York State Department of Transportation requires for locally administered projects that the County appropriate one hundred percent of the project costs and then file for reimbursement of eligible costs, 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 Scoping, Design (Phases I - VI) and Rights of Way Incidentals, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the Tompkins County Legislature hereby approves the above -subject project and authorizes the County of Tompkins to pay in the first instance one hundred percent of the Federal and non -Federal share of the costs of Scoping, Design (Phases I -VI) and Rights of Way Incidental work for the subject Project or portions thereof, RESOLVED, further, That the sum of $100,000.00 is hereby made available within account HZ5103.59239.53.11, Ringwood Capital Project Account, to cover the cost of participation in the above design phase of the Project, RESOLVED, further, That in the event the full Federal and non -Federal share costs of the project exceeds the amount appropriated above, the County Legislature shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the New York State Department of Transportation thereof, RESOLVED, further, That the Tompkins County Highway Manager be and hereby is authorized to execute all necessary Agreements, certifications, and reimbursement requests for Federal Aid and/or Marchiselli Aid on behalf of the County of Tompkins with the New York State Department of Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality's first -instance funding of Project costs and permanent funding the local share of Federal -aid and State -aid -eligible Project costs and all Project costs within appropriations therefore that are not so eligible, RESOLVED, further, That a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project, RESOLVED, further, That this resolution shall take effect immediately. SEQR ACTION: TYPE I1-21 28 January 18, 2005 RESOLUTION NO. 9 - AUTHORIZATION TO EXECUTE FUNDING AGREEMENT WITH NEW YORK STATE DEPARTMENT OF TRANSPORTATION - HANSHAW ROAD RECONSTRUCTION MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, a Project to reconstruct Hanshaw Road in the Town of Ithaca between the Cayuga Heights village line and Sapsucker Woods Road, P.I.N. 3753.24, (the Project), is eligible for funding under Title 23 United States Code, as amended, that calls for the apportionment of the costs of such program to be borne at the ratio of eighty Federal funds and twenty percent non -Federal funds, and WHEREAS, in order to expedite advancement of the Project and realize potential total project cost reductions, the Highway Division sought permission from the New York State Department of Transportation to administer the project locally, and WHEREAS, the New York State Department of Transportation requires for locally administered projects that the County appropriate one hundred percent of the project costs and then file for reimbursement of eligible costs, 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 Scoping, Design (Phases I - VI) and Rights of Way Incidentals, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the Tompkins County Legislature hereby approves the above -subject project and authorizes the County of Tompkins to pay in the first instance one hundred percent of the Federal and non -Federal share of the costs of Scoping, Design (Phases I -VI), and Rights of Way Incidental work for the subject Project or portions thereof, RESOLVED, further, That the sum of $481,000.00 is hereby made available within account HZ5103.59239.53.10, Hanshaw Capital Project Account, to cover the cost of participation in the above design phase of the Project, RESOLVED, further, That in the event the full Federal and non -Federal share costs of the project exceeds the amount appropriated above, the County Legislature shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the New York State Department of Transportation thereof, RESOLVED, further, That the Tompkins County Highway Manager be and hereby is authorized to execute all necessary Agreements, certifications, and reimbursement requests for Federal Aid and/or Marchiselli Aid on behalf of the County of Tompkins with the New York State Department of Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality's first -instance funding of Project costs and permanent funding the local share of Federal -aid and State -aid -eligible Project costs and all Project costs within appropriations therefore that are not so eligible, RESOLVED, further, That a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project, RESOLVED, further, That this resolution shall take effect immediately. SEQR ACTION: TYPE I1-21 RESOLUTION NO. 10 - AWARD OF BID — MULTIPURPOSE EXCAVATOR - HIGHWAY DIVISION MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice vote under the Consent Agenda. 29 January 18, 2005 WHEREAS, the Department of Finance - Division of Purchasing has duly advertised for bids for the purchase of one (1) multipurpose excavator, and WHEREAS, one (1) bid was received and publicly opened on January 11, 2005, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the bid be awarded to Vantage Equipment, LLC of Syracuse, NY, as the lowest responsible bidder with a bid price of $224,985 for a Used 2004 Gradall XL4100-II with less than 500 hours operating time, and an additional $6,000 for a two-year extended warranty for a total of $230,985, RESOLVED, further, That the County Administrator is hereby authorized to execute a contract, funds being available in the Highway Division budget. SEQR ACTION: TYPE II -20 Approval of Appointment(s) Under the Consent Agenda It was MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice vote, to approve the following appointment(s) under the Consent Agenda: Family Court Advisory Council Joanne Conway Putrasz - Mental Health Clinic representative; term expires December 31, 2005 Louise Miller - At -large representative; term expires December 31, 2007 Fire, Disaster, and EMS Advisory Board David H. Cornelius - At -large representative; term expires December 31, 2007 Library Board of Trustees Henrik N Dullea - term expires December 31, 2007 Larry H. Shinagawa - term expires December 31, 2007 Traevena L. Byrd - term expires December 31, 2005 Youth Services Board Peggy J. Hubbell - Town of Enfield representative; term expires December 31, 2007 Gale Smith - Town of Ithaca representative; term expires December 31, 2007 Report and Presentation of Resolution(s) from the Facilities and Infrastructure Committee Mr. Penniman, Chairman, asked Mr. Booth, 2004 Chair, to provide the Legislature with the Committee report this evening. Mr. Booth reported the Committee met and received two presentations. The first was a discussion with Greg Potter, Director of Information Technology Services, on GIS (Geographic Information System) relative to collaboration with the City and the County on GIS efforts and the second presentation was on the expanded Highway Division web page. Legislators Todd and Totman were excused at 7:25 p.m. RESOLUTION NO. 11 - AUTHORIZATION TO EXECUTE FUNDING AGREEMENT WITH NEW YORK STATE DEPARTMENT OF TRANSPORTATION — CODDINGTON ROAD (CR 119) RECONSTRUCTION MOVED by Mr. Penniman, seconded by Ms. Kiefer. Ms. Robertson said she has nothing against these projects; however, people don't know the County gets 80 percent federal funding and in the past 15 percent was paid for by the State through the Marchiselli Funding. She said over the last year the State 30 January 18, 2005 has been warning that counties should not count on that funding any longer. She stated the three projects being proposed this evening do not contain that funding and result in a loss of funding in the amount of $219,150. Ms. Robertson said New York State agreed in the past to support local property tax efforts and that support is missing from these projects. She stated she will not support any projects that do not include Marchiselli funding until there has at least been a concerted effort to take this issue to the State government. Mr. Proto asked if these projects were on the list of projects that were assured funding during the budget. Mr. Booth said there has been some projects that are part of ongoing discussions with the Department of Transportation and that some projects continue to receive Marchiselli funding. Mr. Booth said there is some hope money could be added this year but there is no guarantee. Mr. Proto asked Mr. Joseph to bring this matter to the attention of Tompkins County's State Legislators. A voice vote resulted as follows: Ayes - 12, Noes - 1 (Legislator Robertson), Excused - 2 (Legislators Todd and Totman). RESOLUTION ADOPTED. WHEREAS, a Project to reconstruct Coddington Road (County Road 119) in the Town of Ithaca between the City of Ithaca and Town of Danby lines, P.I.N. 3753.24, (the Project), is eligible for funding under Title 23 United States Code, as amended, that calls for the apportionment of the costs of such program to be borne at the ratio of eighty percent Federal funds and twenty percent non -Federal funds, and WHEREAS, in order to expedite advancement of the Project and realize potential total project cost reductions, the Highway Division sought permission from the New York State Department of Transportation to administer the project locally, and WHEREAS, the New York State Department of Transportation requires for locally administered projects that the County appropriate one hundred percent of the project costs and then file for reimbursement of eligible costs, 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 Scoping, Design (Phases I - VI) and Rights of Way incidentals, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the Tompkins County Legislature hereby approves the above -subject project and authorizes the County of Tompkins to pay in the first instance one hundred percent of the Federal and non -Federal share of the costs of Scoping, Design (Phases I -VI), and Rights of Way incidental work for the subject Project or portions thereof, RESOLVED, further, That the sum of $908,000.00 is hereby made available within account HZ5103.59239.53.08, Coddington Capital Project Account, to cover the cost of participation in the above design phase of the Project, RESOLVED, further, That in the event the full Federal and non -Federal share costs of the project exceeds the amount appropriated above, the County Legislature shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the New York State Department of Transportation thereof, RESOLVED, further, That the Tompkins County Highway Manager be and is hereby authorized to execute all necessary Agreements, certifications, and reimbursement requests for Federal Aid and/or Marchiselli Aid on behalf of the County of Tompkins with the New York State Department of Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality's first -instance funding of Project costs and permanent funding the local share of Federal -aid and State -aid -eligible Project costs and all Project costs within appropriations therefore that are not so eligible, 31 January 18, 2005 RESOLVED, further, That a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project, RESOLVED, further, That this resolution shall take effect immediately. SEQR ACTION: TYPE II -21 RESOLUTION NO. 12 - AUTHORIZATION TO EXECUTE FUNDING AGREEMENT WITH NEW YORK STATE DEPARTMENT OF TRANSPORTATION — WARREN ROAD RECONSTRUCTION MOVED by Mr. Penniman, seconded by Ms. Kiefer. A voice vote resulted as follows: Ayes - 12, Noes - 1 (Legislator Robertson), Excused - 2 (Legislators Todd and Totman). RESOLUTION ADOPTED. WHEREAS, a Project to reconstruct Warren Road in the Village and Town of Lansing between NYS Route 13 and Asbury Road, P.I.N. 3753.73, (the Project), is eligible for funding under Title 23 United States. Code, as amended that calls for the apportionment of the costs of such program to be borne at the ratio of eighty percent Federal funds and twenty percent non -Federal funds, and WHEREAS, in order to expedite advancement of the Project and realize potential total project cost reductions, the Highway Division sought permission from the New York State Department of Transportation to administer the project locally, and WHEREAS, the New York State Department of Transportation requires for locally administered projects that the County appropriate one hundred percent of the project costs and then file for reimbursement of eligible costs, 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 Scoping, Design (Phases I - VI) and Rights of Way Incidentals, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the Tompkins County Legislature hereby approves the above -subject project and authorizes the County of Tompkins to pay in the first instance one hundred percent of the Federal and non -Federal share of the costs of Scoping, Design (Phases I -VI), and Rights of Way Incidental work for the subject Project or portions thereof, RESOLVED, further, That the sum of $744,000.00 is hereby made available within account HZ5103.59239.53.12, Warren Capital Project Account, to cover the cost of participation in the above design phase of the Project, RESOLVED, further, That in the event the full Federal and non -Federal share costs of the project exceeds the amount appropriated above, the County Legislature shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the New York State Department of Transportation thereof, RESOLVED, further, That the Tompkins County Highway Manager be and is hereby authorized to execute all necessary Agreements, certifications, and reimbursement requests for Federal Aid and/or Marchiselli Aid on behalf of the County of Tompkins with the New York State Department of Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality's first -instance funding of Project costs and permanent funding the local share of Federal -aid and State -aid -eligible Project costs and all Project costs within appropriations therefore that are not so eligible, RESOLVED, further, That a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project, RESOLVED, further, That this resolution shall take effect immediately. SEQR ACTION: TYPE II -21 32 January 18, 2005 RESOLUTION NO. 13 - AUTHORIZATION TO EXECUTE FUNDING AGREEMENT WITH NEW YORK STATE DEPARTMENT OF TRANSPORTATION — STATION ROAD (CR 188) CULVERT REPLACEMENT MOVED by Mr. Penniman, seconded by Ms. Kiefer. A voice vote resulted as follows: Ayes - 12, Noes - 1 (Legislator Robertson), Excused - 2 (Legislators Todd and Totman). RESOLUTION ADOPTED. WHEREAS, a Project to replace a large diameter culvert carrying Cayuga Inlet under Station Road in the Town of Danby, P.I.N. 3753.86, (the Project), is eligible for funding under Title 23 United States Code, as amended, that calls for the apportionment of the costs of such program to be borne at the ratio of eighty percent Federal funds and twenty percent non -Federal funds, and WHEREAS, in order to expedite advancement of the Project and realize potential total project cost reductions, the Highway Division sought permission from the New York State Department of Transportation to administer the project locally, and WHEREAS, the New York State Department of Transportation requires for locally administered projects that the County appropriate one hundred percent of the project costs and then file for reimbursement of eligible costs, 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 Scoping, Design (Phases I - VI), and Rights of Way Incidentals, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the Tompkins County Legislature hereby approves the above -subject project and authorizes the County of Tompkins to pay in the first instance one hundred percent of the Federal and non -Federal share of the costs of Scoping, Design (Phases I -VI), and ROW Incidental work for the subject Project or portions thereof, RESOLVED, further, That the sum of $50,000.00 is hereby made available within account HZ5103.59239.53.13, Station Road Capital Project Account, to cover the cost of participation in the above design phase of the Project, RESOLVED, further, That in the event the full Federal and non -Federal share costs of the project exceeds the amount appropriated above, the County Legislature shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the New York State Department of Transportation thereof, RESOLVED, further, That the Tompkins County Highway Manager be and hereby is authorized to execute all necessary Agreements, certifications, and reimbursement requests for Federal Aid and/or Marchiselli Aid on behalf of the County of Tompkins with the New York State Department of Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality's first -instance funding of Project costs and permanent funding the local share of Federal -aid and State -aid -eligible Project costs and all Project costs within appropriations therefore that are not so eligible, RESOLVED, further, That a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project, RESOLVED, further, That this resolution shall take effect immediately. SEQR ACTION: TYPE II -21 Report from the Space Needs and Location Committee Mr. Proto, Chairman, reported the Committee met earlier this month and discussed with the consultant, the status of the space needs for the Health Department and Department of Motor Vehicles. The next meet will be January 26th. 33 January 18, 2005 Report and Presentation of Resolution(s) from the Health and Human Services Committee Ms. Robertson, Chair, reported the Committee met on January 13th. The next meeting will be February 2nd. She called attention to a list of all departments the Committee oversees and goals for 2005 that was placed in red folders this evening. She asked Committee members to review this list and return comments and questions by the end of the week. RESOLUTION NO. 14 BUDGET ADJUSTMENT — VARIOUS DEPARTMENTS MOVED by Ms. Robertson, seconded by Mr. Penniman, and unanimously adopted by voice vote by members present. 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: Office for the Aging Revenue Acct Title Amt Approp Acct Title(s) 6777.44772 Federal Revenue $ 4,515 6777.51000571 Salary 6777.44772 Federal Revenue $ 1,760 6777.58800 Fringes 6777.44772 Federal Revenue $ 225 6777.54414 Local Mileage Explanation: Adjustment needed to cover Aging Services Planner's salary, fringes, and mileage for Performance Outcomes Measures Project (POMP), freeing up County monies. Health Department Revenue Acct Title Amt Approp Acct Title(s) 4016.41610 Home Nursing Charges $25,438 4016.51580 Salary 4016.41610 Home Nursing Charges $14,800 4016.58800 Fringes 4016.41610 Home Nursing Charges $ 1,825 4016.52206 Hardware 4016.41610 Home Nursing Charges $ 2,375 4016.54442 Professional Service Fee 4095.43401 Public Health Work $12,509 4016.51580 Salary Explanation: The Home Care Program continues to see a surge in referrals past our capacity. In 2004 we declined service to over 20 clients due to lack of adequate staffing. This budget adjustment reflects the additional revenues to be realized based on approval to hire an additional nurse. SEQR ACTION: TYPE 11-20 Report from the Planning, Development and Environmental Quality Committee Ms. Herrera, Chair, reported the Committee will meet on February 2nd. Report from the Budget and Capital Committee Mr. Koplinka-Loehr, Chair, reported the Committee met briefly prior to this meeting. The next meeting will be January 25th. He announced the next Strategic Planning session will be held on January 21st. Report from the Government Operations Committee Mr. Lane, Chair, reported the Committee asked Legislators to complete the assessment questionnaire regarding the County Administrator's performance evaluation and return to the Clerk of the Legislature. Ms. Kiefer asked if Mr. Lane has received any feedback on the Code of Ethics. Mr. Lane said he has not yet received any feedback. 34 January 18, 2005 Report from the Public Safety Committee Mrs. McBean-Clairborne, Chair, said she is happy that she will be chairing the Committee in 2005 and thanked Ms. Blanchard for her leadership chairing the committee last year. She reported the Committee met on January 6 and again this afternoon. At the meeting on January 6 the Committee spoke with the County Attorney who provided the Committee with an overview of the Commission of Corrections role, responsibilities, powers, and duties. Mrs. McBean-Clairborne said all Legislators should have received a letter from the Sheriff in which he outlined the number of people that can be housed in the Jail. She noted the actual capacity is somewhere between 58 and 71 on a regular basis; however, for the sake of maintaining proper classification, the capacity is likely between 61 and 65 inmates. Donald Barber, Town of Caroline Supervisor, attended the meeting and spoke of concerns municipalities have relative to police coverage in the rural areas of the County. That issue was referred to the Intermunicipal Group that will meet on January 30. Mrs. McBean-Clairborne announced the Offender Aid and Restoration annual meeting will take place on April 4th at 5:30. Attending that meeting will be Judge Judy Harris Kruger from New York City, who will be speaking about the Integrated Domestic Violence Court. Mrs. McBean-Clairborne said the Committee requested and received a copy of the alternative -to - incarceration programs. Mr. Joseph asked that this be provided to all Legislators. Mr. Prot() said a resolution he presented last month asking for a study of alternative -to - incarceration programs was referred by this Legislature and asked when the Public Safety Committee would be discussing it. Mrs. McBean-Clairborne said she would look at that resolution; she noted the Committee is also looking at an evaluation of all alternative -to -incarceration programs. Report from the Consumer and Community Affairs Committee Ms. Kiefer, Chair, thanked Mr. Joseph for allowing the Committee to meet in January to complete its work for 2004. Approval of Minutes It was MOVED by Mr. Booth, seconded by Ms. Robertson, and unanimously adopted by voice vote by members present, to approve the minutes of December 21, 2004 and January 4, 2005 as corrected. MINUTES APPROVED. Recess Mr. Joseph declared recess from 7:50 to 8:00 p.m. Executive Session It was MOVED by Mr. Penniman, seconded by Mrs. McBean-Clairborne and unanimously adopted by voice vote by members present, to enter into executive session at 8:00 p.m. to discuss contract negotiations. The meeting returned to open session at 9:00 p.m. Adjournment On motion the meeting adjourned at 9:00 p.m. 35 February 1, 2005 Regular Meeting Called to Order Vice Chair Lane 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: 11 (Legislator Booth arrived at 5:41 p.m., Legislator Penniman arrived at 5:53 p.m.). Excused: 4 (Legislators Joseph, Kiefer, Koplinka-Loehr, and Robertson). Privilege of the Floor by the Public Fay Gougakis, City of Ithaca resident, spoke of her continued concern regarding monitoring of the Lake Source Cooling Project. She reported on her attendance at the City of Ithaca Governance meeting when Cornell University was provided an opportunity to speak to the issue. Ms. Gougakis noted that when asked what Cornell University would do with the approximate $50,000 savings incurred by fewer monitors no response was given. She feels the Town of Ithaca's recommendations from an independent consultant regarding the need to determine thermal discharge in order to determine compliance indicates the need for the monitors not only to remain, but to place additional monitors within the lake. She asked that the Legislature fully review all information prior to any decision. Privilege of the Floor by Legislators Mr. Proto, District No. 7 Legislator, spoke of the Legislature's Deputy Clerk, Michelle Pottorffs outside activity as Cheerleading Coach for Candor High School. He said that Ms. Pottorffs cheerleading squads won the Cheerleading Tournament held this past weekend and he offered his congratulations. Mr. Proto then reported on the Universal Service Fund relating to telecommunications billings, noting that the surcharge is increasing from 8.9% to 10.7% of long-distance billing. He again reiterated that staff is reviewing the criteria for use of these funds to see if it will offset a portion of the cost of the Public Safety Communications project. [Mr. Booth arrived at this time.] Mr. Winch, District No. 8 Legislator, said he is well informed of the success of Ms. Pottorffs cheerleading squads abilities as his constituents speak of how well trained they are. He noted that the Candor cheerleaders will be going to the Central New York Competition and he wishes them well. Ms. Blanchard, District No. 1 Legislator, inquired if the Universal Service Fund surcharge applied to digital telephone service and was informed that it did apply. Mrs. McBean-Clairborne, District No. 2 Legislator, spoke of February being Black History Month. She said the month is used to celebrate and honor black Americans who have made history and left a legacy for the nation. Mrs. McBean-Clairborne reported that to honor Dr. James Turner will be honored by a resolution tomorrow evening at 7:30 p.m. at City Hall, founder of the Africana Center and Research Center at Cornell University. She said he has made a large difference in the community and is nationally and internationally known. Last year's recipient of this recognition was Dian Sams, local Councilwoman. 36 February 1, 200.5 Ms. Schuler, District No. 4 Legislator, spoke of the previous weekend Light in Winter events. This special event, attended by thousands of individuals, provided programs in art, science, music, and other activities throughout the community. She reported that the recycling schedule that was printed in the telephone book is incorrect and recommended that individuals contact the Solid Waste facility by phone or online to determine the proper schedule and that Collegetown residents could request a color - coded map for the information. Ms. Schuler said the Tompkins Rx prescription discount cards are available throughout the county and were enclosed in the local Pennysavers. Ms. Schuler reported that Tompkins County has received a Housing and Urban Development (HUD) grant in the amount of $484,878; these funds will be used in several areas including Unity House, Tompkins Community Action's Chartwell House. She noted that the request for the American Red Cross was rejected. Ms. Herrera, District No. 5 Legislator, spoke of the draw to tourists from outside the area assisting to make Light In Winter a successful event. She asked Mrs. McBean-Clairborne to report on a Human Services Coalition luncheon she had attended recently. Mrs. McBean-Clairborne said she had attended the annual meeting of this agency, during which awards were presented to two individuals who have accomplished a great deal for the community: Satomi Hill received the Ann Jones award in recognition of her extensive volunteer service to the community, and the Ruth Pettingill award was given to Karen Friedeborn for distinguished community service. Ms. Hill volunteered to become an integral part of the community she had moved into; Ms. Anderson Friedeborn goes above and beyond in her duties to create and support community services such as after school programs and developing means to increase youth participation in events. Ms. Herrera congratulated both recipients. She said the Planning, Development and Environmental Quality will be reviewing a resolution related to the Lake Source Cooling issue. Ms. Herrera spoke of the flooding in the Fall Creek area and said she was pleased to see Ms. Coles, City of Ithaca Councilman's, presence at the meeting to report on the City's efforts. Ms. Herrera said the City utilized Planning Department resources to assist the City in resolving the flooding problem. Mr. Todd, District No. 6 Legislator, expressed gratitude to the State and local highway departments for their efforts in maintaining roads during the past several weeks when there have been numerous snowstorms. Mr. Lane agreed and noted village and city highway departments have done an excellent job as well. Report from Municipal Official(s) Ms. Coles, City of Ithaca Councilwoman, said she had initially intended to speak about the one - hundred -year-old water treatment plant, however, the recent flooding situation that took place between January 25 - 27 is now the critical topic. Ms. Coles reported the City has recorded precipitation over the past year that indicated a higher -than -normal rainfall that continued to as late as December. She said this precipitation combined with the heavy snow and extremely low temperatures led to the present problem. At this time, Cayuga Lake is approximately two feet above normal level, the Seneca River that normally serves as an outlet is also running at capacity. Simultaneously, runoff water is going into Cayuga Lake at two to three times the average for this time of year. Mr. Fabroni of the City of Ithaca Department of Public Works had stated the ground water levels are 1.5 times the normal levels. Ms. Coles said emergency operations were set up for Saturday morning and that City employees diligently assessed the situation, determined remedies, and worked around the clock to resolve this problem. She said numerous sump pumps were purchased and made available to residents as needed and that fire departments assisted with pumping out basements as needed. Ms. Coles said she was amazed with the dedication and hard work of those involved and that not only were they resolving the flooding issue but assisting with safety information to the residents. Ms. Cole provided a daily report of these activities for review. 37 February 1, 2005 Ms. Herrera said she was pleased with the City's response to this emergency and that the meetings held are a learning tool for matters such as these. Ms. Cole noted that continued investigation on the problem and possible resolutions to avoid this are still on going. Chair's Report Mr. Lane, Vice Chair, stated that many members of the Legislature including the Chair are attending the New York State Association of Counties conference in Albany. Report from the County Administrator Mr. Marx, Deputy County Administrator, said that Mr. Whicher, County Administrator, had asked him to act on his behalf and make the recommendation for Mental Health Commissioner. He explained the process for this appointment, and said Mr. Whicher asked to extend his appreciation for all who served on the Search Committee. Mr. Marx then said the County Administrator 's recommendation is to appoint Mr. Robert DeLuca, who has been acting as interim Mental Health Commissioner. Appointment of Mental Health Commissioner It was MOVED by Mr. Booth, seconded by Ms. Schuler, and unanimously approved by voice vote by members present, to appoint Mr. Robert DeLuca to the position of Mental Health Commissioner. APPOINTMENT APPROVED. Mr. DeLuca thanked the members of the Legislature for their trust in him to work and assist families in Tompkins County. He said the message he will continue to carry forward is that it is essential to recognize all health care issues and he sees that the laws that once discriminated those with mental health issues are coming to Tight. He thanked the search committee and Mental Health Services Board for the privilege to serve the Community. He said that serving this community is special as there is a group of people that desire doing things in an effective and cost-effective manner but with compassion. Mr. DeLuca shared the following quote from the President's Commission on Mental Health: "We envision a future when everyone with a mental illness will recover, a future when mental illnesses can be prevented or cured, a future when mental illnesses are detected early, and a future when everyone with a mental illness at any stage of life has access to effective treatment and supports - essentials for living, working, learning, and participating fully in the community." Mr. DeLuca said there is a long tradition of good care in the County and he hopes to continue it. Report from the County Administrator (continued) Mr. Marx reported that the search for a highway manager is continuing. Some interviews had taken place earlier in the day and will continue. He also reported the assessment of the Highway Division by Human Rights Commission is ongoing and a report will be presented at a later date. Report from the County Attorney Mr. Wood reported that the changes to the PINS law in the proposed State budget may have a significant effect on his office. He said modifications requiring more services to be provided prior to judicial proceedings would reduce the demand on some of his staff; however he noted it could potentially increase the caseloads at the Department of Social Services and Probation Department. Mr. Wood then reported that his office is required from time to time to collect defaulted bail bonds. He said the County has collected a bond in the amount of $200,000. Report from the Finance Director 38 February 1, 2005 Mr. Squires reported further on the bail bond collected, stating this unallocated revenue will not be able to be used by the County until the waiting period (up to a year) during which a court could be asked to refund it to the original purchaser is over with. He then spoke of the report provided to Legislators related to the bonding resolutions before them this evening. He stated that it is a favorable market and is concerned that delays will result in higher interest rates. Addition of Resolution(s) to the Agenda There were no resolutions to add to the agenda. Withdrawal of Resolution(s) from the Agenda There were no resolutions to withdraw from the agenda. Approval of Resolution(s) Under the Consent Agenda It was MOVED by Mr. Penniman, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present, to approve the following resolution(s) under the Consent Agenda: RESOLUTION NO. 15 TO AMEND RESOLUTION NO. 23 OF FEBRUARY 17, 2004 - DETERMINATION AND CERTIFICATION OF COUNTY CLERK'S ALLOWANCE - ANNUAL EXPENSES FOR ADMINISTERING MORTGAGE TAX (AMENDED BY RESOLUTION NO. 9 OF 2006) MOVED by Mr. Penniman, seconded by Mrs. McBean-Clairborne, 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 New York 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 [Tompkins County Legislature] 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 $128,816 per annum to $135,133 per annum, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the sum of $135,133 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 $135,133 is hereby certified to the State Tax Commission as the reasonable and necessary allowance for such expenses, RESOLVED, further, That the Clerk of the Legislature 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 I1-20 Appointment(s) Approved Under the Consent Agenda 39 February 1, 2005 It was MOVED by Mr. Penniman, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present, to approve the following appointment(s) under the Consent Agenda: Board of Assessment Review Martha K. Preston - term expires September 30, 2009 Report from the Space Needs and Location Committee Mr. Proto, Chair, reported the Committee met on January 26, 2005, at which time an extensive discussion and presentation by Mr. Marren of LaBella Associates took place. The topic was the potential combining of day reporting/drug treatment with the felony drug court. The second portion of the meeting dealt with reviewing Health Department schematics and needs. Mr. Proto said a report from Trowbridge and Wolf took place related to the Health Department and the discussion included potential relocation sites within the county. He indicated a very interesting point was that there are limited County building locations allowed by law for the drug court, one of which is the Mental Health Services building; he plans to invite Mental Health staff to a future meeting when the topic is raised. Also discussed at the meeting was the feasibility of combining the Health Department site with the Department of Motor Vehicles, noting it is a possibility but not a high priority item. The next meeting of the Committee is scheduled for February 9th. Mr. Proto said he wanted to publicly thank Heather Stewart for her assistance to this Committee since its inception. Report from the Strategic Planning Committee Mr. Proto reported on behalf of Mr. Koplinka-Loehr who was attending the New York State Association of Counties conference. He reported that at this time the next two meetings will be on March 4th from 12:30 p.m. to 4:30 p.m. and April 8th from 2:00 p.m. to 4:00 p.m. Legislators are to advise Mr. Koplinka-Loehr of any conflicts they may have. He said a summary of the last session held by this Committee will be provided by Thursday; a request to complete a response to two specific questions which is due to Mr. Koplinka-Loehr by the 15th will be included in this summary. Report from the Health and Human Services Committee Mr. Winch, Vice Chair, reported the Committee would meet on February 2nd. He announced that the Committee is seeking a volunteer to act as liaison on the Recreation Partnership. Mr. Winch said the distribution of the Tompkins Rx prescription discount cards has been very successful requiring an additional 3,000 cards that should arrive within the week. He noted the County will receive monthly reports on the number of prescriptions and total cost savings to residents. Report from the Planning, Development and Environmental Quality Committee Ms. Herrera, Chair, said the Committee will hold the first meeting of the year on February 2nd. She reviewed the items to be discussed as outlined on the agenda and noted there will also be appointments to advisory boards. Report and Presentation of Resolution(s) from Budget and Capital Committee Mr. Booth, Member of the Committee, reported the Committee met on January 25th to discuss a variety of topics, with the most important topic being the bonding resolutions coming forward. Also discussed was the survey taken regarding the 2004 budget process. A subcommittee will review this information and make recommendations for 2005. 40 February 1, 2005 RESOLUTION NO. 16 - AUTHORIZING THE ISSUANCE OF $2,500,000 SERIAL BONDS OF THE COUNTY OF TOMPKINS, NEW YORK, TO PAY THE COST OF THE PURCHASE OF VARIOUS ENERGY-RELATED IMPROVEMENTS TO COUNTY -OWNED BUILDINGS PURSUANT TO AN ENERGY PERFORMANCE CONTRACT WITH JOHNSON CONTROLS It was MOVED by Mr. Booth, seconded by Mr. Penniman. A roll call vote resulted as follows: Ayes - 11; Noes - 0; Excused - 4 (Legislators Joseph, Kiefer, Koplinka-Loehr and Robertson). 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, on recommendation of the Budget and Capital Committee, by the Tompkins County Legislature as follows: Section 1. For the class of objects or purposes of paying the cost of the purchase of various energy-related improvements to County -owned buildings pursuant to an energy performance contract with Johnson Controls, including incidental expenses in connection therewith, for said County of Tompkins, New York, there are hereby authorized to be issued $2,500,000 serial bonds of said County of Tompkins pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated cost of such class of objects or purposes is $2,500,000, and that the plan for the financing thereof is by the issuance of the $2,500,000 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 class of objects or purposes is ten years, pursuant to subdivision 90 of paragraph a of Section 11.00 of the Local Finance Law because each item in said class is described in either subdivision 12 or subdivision 13 of said paragraph a, and all of such County -owned buildings are class ``A" or "B" buildings within the meaning of subdivision 11 of said paragraph a. It is hereby further determined that the period of probable usefulness will exceed five years. 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 Comptroller applicable to the sale of municipal bonds. The receipt of said County Director of Finance shall 41 February 1, 2005 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 shah 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 Legislature in substantially the form provided in Section 81.00 of the Local Finance Law. SEQR ACTION: TYPE 11-20 RESOLUTION NO. 17 - AUTHORIZING THE ISSUANCE OF $525,000 SERIAL BONDS OF THE COUNTY OF TOMPKINS, NEW YORK, TO PAY THE COST OF THE PURCHASE OF HIGHWAY MACHINERY TO BE USED FOR ROADWAY CONSTRUCTION IN AND FOR SAID COUNTY It was MOVED by Mr. Booth, seconded by Mr. Totman. Ms. Herrera said she cannot support the resolution as it corresponds to positions within the Highway Division. She said that while progress is being made related to specific administrative issues that will determine the positions she cannot provide support now. Mrs. McBean-Clairborne said she shares Ms. Herrera's sentiments regarding the administrative issues of the positions, however, she will support the resolution for bonding now and understands that work is being completed relating to the positions. Mr. Penniman said the full report on staffing, the search for the additional staff, and organizational issues will be forthcoming. Mr. Proto thanked Mrs. McBean-Clairborne for recognizing that work is being completed to move forward in a positive manner. He said he is sorry Ms. Herrera cannot support the resolution that provides the issuance of bonds, not the purchase of the equipment. A roll call vote resulted as follows: Ayes - 10; Noes - 1 (Legislator Herrera); Excused - 4 (Legislators Joseph, Kiefer, Koplinka-Loehr, and Robertson). RESOLUTION ADOPTED. 42 February 1, 2005 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, on recommendation of the Budget and Capital Committee, by the Tompkins County Legislature, as follows: Section 1. For the class of objects or purposes of paying to pay the cost of highway machinery to be used for roadway construction, each item of which has a cost of $30,000 or more, including incidental expenses in connection therewith, there are hereby authorized to be issued $525,000 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 class of objects or purposes is $525,000, and that the plan for the financing thereof is by the issuance of the $525,000 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 class of objects or purposes is fifteen years, pursuant to subdivision 28 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 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 43 February 1, 2005 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 Legislature in substantially the form provided in Section 81.00 of the Local Finance Law. SEQR ACTION:: TYPE 11-20 RESOLUTION NO. 18 A RESOLUTION AUTHORIZING THE ISSUANCE OF $16,000,000 SERIAL BONDS OF THE COUNTY OF TOMPKINS, NEW YORK, TO PAY THE COST OF ADDITIONAL IMPROVEMENTS FOR THE COUNTY'S PUBLIC SAFETY COMMUNICATION SYSTEM IN AND FOR SAID COUNTY It was MOVED by Mr. Booth, seconded by Mrs. McBean-Clairborne. Ms. Schuler requested the first WHEREAS be modified to include the words "as applicable" to clarify that the State Environment Quality Review (SEQR) requirements that applied at specific times during the project are completed. She felt it was important to note that not all SEQR requirements could be done at the time of the resolution. This amendment was considered friendly. Ms. Herrera asked for clarification on the amount of the bonding and was informed by Mr. Squires that the funds would be drawn upon only as needed, allowing flexibility. A roll call vote resulted as follows: Ayes - 11; Noes - 0; Excused - 4 (Legislators Joseph, Kiefer, Koplinka-Loehr, and Robertson). 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, as applicable, have been performed, and WHEREAS, it is now desired to authorize the financing of such capital project, now therefore be it RESOLVED, on recommendation of the Budget and Capital Committee, by the Tompkins County Legislature, as follows: Section 1. For the class of objects or purposes of paying to pay the cost of additional improvements for the County's Public Safety Communication System, including replacement of existing microwave, separate voice, data and paging systems and upgrading or establishing new infrastructure sites for towers, shelters, generators, microwave systems, integrated voice and data systems, paging transmission equipment and similar equipment, and including related software, installation and initial training, and other costs incident thereto, for use by said County, there are hereby authorized to be issued $16,000,000 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 class of objects or purposes is $16,000,000, and that the plan for the financing thereof is by the issuance of the $16,000,000 serial bonds of said County of Tompkins, New York, authorized to be issued pursuant to this bond resolution. The aforesaid class of objects or purposes constitutes additional improvements to those previously financed 44 February 1, 2005 by the bond resolution of the County adopted May 27, 2003, which authorized $2,000,000 to finance the County's 2003 Emergency Communications System Interconnectivity Program. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is ten years, pursuant to subdivision 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 fir the interests of the County; provided, however, that in the exercise of these delegated powers, he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of 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: I.) 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. 45 February 1, 2005 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 Legislature in substantially the form provided in Section 81.00 of the Local Finance Law. SEQR ACTION: TYPE 1I-20 Report and Presentation of Resolution(s) from the Government Operations Committee Mr. Lane, Chair, reported the Committee had their organization meeting on January 19th. The Assessment Department provided information on various real property exemptions such as the veteran's, disability, historic, etc. He said that the discussion of whether to take advantage of the exemptions occurred and it was noted that while the County may be providing the maximum Veteran's exemption not all towns and villages are. The Code of Ethics proposed amendments were reviewed and some revisions made. Mr. Lane said the Committee will have a special meeting on Monday, February 7, 2005 during which an executive session will take place to review the County Administrator's performance. Mr. Lane requested Mr. Booth bring forward resolutions from the Committee. RESOLUTION NO. 19 - AUTHORIZING A PUBLIC HEARING ON PROPOSED LOCAL LAW NO. a OF 2005 - A LOCAL LAW AMENDING CHAPTER 32 OF THE TOMPKINS COUNTY CODE — CODE OF ETHICS (Resolution referred to Committee. See Res. No. 48 of 3/15/05) (Adoption of Local Law failed) It was MOVED by Mr. Booth, seconded by Mr. Penniman. Mr. Proto states that while he understands the resolution is for a public hearing he needs a better understanding and inquired if the current Code of Ethics presents difficulties in any way. Mr. Wood, County Attorney, said he is not suggesting the document should not be modified, but that he noted the present document does not have problems. He reported the Chair of the Ethics Advisory Committee, Ms. Kiefer, felt the document should be more reader -friendly. Mr. Lane noted Ms. Kiefer was not present to speak to the matter. Mr. Proto said he believes this is a work in progress and should be referred back to committee for further review. Ms. Herrera, Government Operations Committee member said she is in agreement. Ms. Blanchard said she shares concerns about how many individuals the revisions would now include under the disclosure portion. She also said she believes that the portion relating to investigations should have a time frame that would include the written response to be completed within sixty days of the investigation. It was MOVED by Mr. Proto, seconded by Ms. Herrera, to refer the Code of Ethics back to Committee. A voice vote resulted as follows: Ayes - 10; Noes - 1 (Legislator Booth); Excused - 4 (Legislators Joseph, Kiefer, Koplinka-Loehr, and Robertson). MOTION CARRIED. WHEREAS, the County's Ethics Advisory Board has reviewed the County's Code of Ethics and proposed some format and wording changes to make it a more "reader -friendly" document, and 46 February 1, 2005 WHEREAS, the draft revised Code of Ethics has been reviewed by the Government Operations Committee, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That a public hearing be held before the Tompkins County Legislature in Legislative Chambers of the Tompkins County Courthouse, 320 North Tioga Street, Ithaca, New York, on Tuesday, February 15, 2005 at 5:30 o'clock in the evening thereof concerning proposed Local Law No. a of 2005 - A Local Law Amending Chapter 32 of the Tompkins County Code - Code of Ethics. 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 I1-20 RESOLUTION NO. 20 - ADOPTION OF LIST OF DESIGNATED OFFICERS AND EMPLOYEES REQUIRED TO FILE AN ANNUAL FINANCIAL DISCLOSURE FORM It was MOVED by Mr. Booth, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present. RESOLUTION ADOPTED. WHEREAS, State Law requires employees "who hold policy-making positions, as annually determined by" the County to fill out financial disclosure forms, and WHEREAS, pursuant to Local Law No. 2 of 1997 and Administrative Manual Policy 01-29, Standards of Conduct, "key employees" shall be determined by separate resolution of the Tompkins County Legislature, and WHEREAS, the list of "key employees" required to file the annual financial disclosure form has been updated, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the attached list of designated officers and employees required to fill out the annual financial disclosure form be adopted. SEQR ACTION: TYPE 11-20 Last Name FINANCIAL DISCLOSURE FORM - KEY EMPLOYEES First Title Kippola Jacqueline Contracts Coordinator Administration Whicher Stephen County Administrator Administration Nicholas Robert Airport Manager Airport Bortz Gary Real Property Appraiser Assessment Coggin Valeria Director of Assessment Assessment Fiorille Alfonso Valuation Specialist Assessment Franklin Joseph Asst. Dir. -Internal Operations Assessment Hagin Sandra Real Property Appraiser Assessment Kehoe Irene Valuation Specialist Assessment Klinger Russell Real Property Appraiser Assessment Xayarath Michael Real Property Appraiser Assessment Stolp Robert Supervising Attorney Assigned Counsel Bortz Kathryn Deputy Elections Commissioner Board of Elections Cree Elizabeth Elections Commissioner Board of Elections Dewitt Stephen Elections Commissioner Board of Elections Paolangeli Thomas Deputy Elections Commissioner Board of Elections 47 February 1, 2005 Stein Irene Director of Office for the Aging COFA Wood Jonathan County Attorney County Attorney Reynolds Maureen Deputy County Clerk County Clerk Valenti Aurora County Clerk County Clerk Dentes George District Attorney District Attorney Surdell Gary Deputy District Attorney District Attorney Banks Maryanne Director of Services Dept. Social Services Carey Patricia Commissioner of Social Services Dept. Social Services. Herden Tom Director of Admin. Services Dept. Social Services. Shurtleff Lee Director of Emergency Response Emergency Response Lemaro Arel General Building Supervisor Facilities Beach Helen Budget & Finance Manager Finance Squires David Director Finance Cole Alice Public Health Director Health Grinnell -Crosby Brenda Public Health Administrator Health Martel Moore Shawn Director of Human Rights Human Rights Potter Greg Director of ITS ITS Covert Catherine Clerk Legislature Pottorff Michelle Deputy Clerk Legislature DeLuca Robert Comm. Of Mental Health Services Mental Health Vacant Deputy Comm. Of Mental Health Mental Health Estes Stephen Deputy Comm. of Personnel Personnel Fitzpatrick Anita Commissioner of Personnel Personnel Jurkowich Joan Deputy Comm. Of Planning Planning Marx Edward Commissioner of Planning Planning Leinthall Kathryn Probation Director II Probation Wolf David Deputy Director of Probation Probation Lampman John Highway Manager (Interim) Public Works Nelson Cheryl Public Works Administrator Public Works Meskill Peter Sheriff Sheriff Vitale Joe Undersheriff Sheriff Eckstrom Barbara Solid Waste Manager Solid Waste Ellis Don Director of Weights & Measures Weights & Measures Zahler Nancy Youth Services Director Youth Services LEGISLATORS Blanchard Barbara Penniman Peter Booth Richard Proto Frank Herrera Kathy Luz Robertson Martha Jose oh Tim Schuler Nancy Kiefer Dooley Todd Thomas Ko.linka-Loehr Michael Totman George Lane Michael Winch Daniel McBean-Clairborne Leslyn Report from the Public Safety Committee Mrs. McBean-Clairborne, Chair, said the Committee would meet on February 3rd, during which a member of the public will be addressing the Committee on a proposed resolution opposing the New York State Death Penalty. 48 February 1, 2005 Report and Presentation of Resolution(s) from the Facilities and Infrastructure Committee Mr. Penniman, Chair, reported the Committee met January 25, 2005, and discussed the airport marketing resolution that was approved and brought forward. He said the Air Service Task Force will be meeting on February 2nd to further review strategies. Mr. Penniman reported a request for positions from the Highway Division was discussed and is postponed until the next meeting to enable further information to be provided. The new meeting schedule for the Committee will be to meet once a month whenever possible. The next meeting will be on February 17, March 17, and for the balance of the year will meet on the second Tuesday from 2:00 p.m. to 5:00 p.m. If required, the fourth Tuesday will be utilized for an additional meeting. Mr. Proto said with regard to the Air Service Task Force meeting, he has seen several advertisements in the Ithaca Journal related to Syracuse flights by competitive airlines. Mr. Penniman noted that US Air is becoming very competitive in cost for flights leaving Ithaca. RESOLUTION NO. 21 — APPROPRIATION FROM CONTINGENT FUND FOR TERMINAL PAY — INFORMATION TECHNOLOGY SERVICES It was MOVED by Mr. Penniman, seconded by Mr. Winch, and unanimously approved by voice vote by members present. RESOLUTION ADOPTED. WHEREAS, the Information Technology Services had one employee, Geographic Information Services Project Leader, terminate employment effective January 14, 2005, 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 Facilities and Infrastructure and the 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 $11,714.18 TO: 1683.51000732 Salary, GIS Project Leader $ 8,427.47 1683.58800 Fringes 3,286.71 TOTAL $11,714.18 SEQR ACTION: TYPE II -20 Adjournment On motion the meeting adjourned at 6:53 p.m. 49 February 15, 2005 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. (Mr. Booth arrived at 5:37 p.m. and Mr. Todd was excused at 8:25 p.m.) Excused: 1 (Legislator Robertson). Moment of Silence — Remembrance of Donald P. Franklin Mr. Joseph asked those present to observe a moment of silence to honor the memory of Donald Franklin, former Director of Assessment for Tompkins County, who passed away today. Distinguished Youth Award Mr. Winch, District No. 8 Legislator, presented the Distinguished Youth Award to the Trumansburg Robins 4-H Club for their many community service projects, including the Festival of Lights and decorating of the Friendship Tree. [Mr. Booth arrived at this time.] Privilege of the Floor by the Public Doria Higgins, Town of Ithaca, spoke in support of the Resolution on the agenda with regard to the Lake Source Cooling Monitoring Plan. She spoke in opposition to a reduction in the number of monitoring sites and expressed concern about the amount of phosphorous being brought up from the bottom and discharged in the shallow water. She stated there is not data contained in the Environmental Impact Statement about this and not only does she oppose the reduction of monitoring sites, she feels there should be additional monitoring at the intake site. John Gutenberger, Cornell University, spoke in regard to the resolution on the agenda pertaining to the Lake Source Cooling Plan. He assured the Legislature that while discussions are taking place with various involved parties, including the Department of Environmental Conservation, all 9 sites will continue to be monitored for the remainder of the year. He also said he, along with another representative, is in attendance to answer any questions the Legislature may have. Steve Uzmann, member of the Environmental Management Council (EMC), spoke in regard to the resolution on the agenda pertaining to the Lake Source Cooling Plan. Mr. Uzmann said the EMC sent a letter to the Department of Environmental Conservation expressing concern over Cornell's proposed reduction in the number of monitoring sites. The EMC feels that while there may be some redundancy in monitoring, to decrease by 75 percent was way too much and that most of the sites need to be maintained. Mr. Uzmann spoke of Cornell's response and said he hopes that enough success can be accomplished that will provide for a better understanding of the Lake that people will be able to rely on a single data point. Herb Engman, Town of Ithaca resident and member of the Ithaca Town Board, spoke in regard to the Lake Source Cooling Plan and said he has been a participant in the Lake Source Cooling project process for a long time. Mr. Engman spoke of a recent editorial in the Ithaca Journal and stated it contained incorrect statements. He clarified that the Town of Ithaca is not in agreement with reducing the number of monitoring sites to two and feels seven sites need to continue to be monitored. He said the 50 February 15, 2005 Town feels there needs to be more monitoring, not less, because the project has only been monitored for three years. He also spoke of the need to better understand the reasons for the phosphorous levels in the Lake and urged passage of the resolution on the agenda. Barbara Barry, representative of the Tompkins County Coalition Against the Death Penalty, spoke in regard to the resolution on the agenda calling for the abolition of the death penalty in New York State. Ms. Barry stated the death penalty is an act that violates the ethical standards of a civil society. The Coalition finds the death penalty unacceptable as a part of the justice system and it should be abolished because it has not been shown to deter crime and innocent people can be executed. She urged support and passage of the resolution this evening. Marilyn Ray, Town of Caroline resident, urged the Legislature's support of the resolution on the agenda calling for the abolition of the death penalty. She said vengeance is not the way to ease the suffering of families of murder victims and that you do not teach people not to kill by killing. Mary Berkelman, Town of Ithaca resident and President of the League of Women Voters in Tompkins County, read the following Statement of Position, dated January, 2005. "The League of Women Voters of New York State opposes the death penalty. We believe that New York State, as part of a civilized society in the 21st century, should not be executing people. Almost all developed countries have abolished the death penalty. The League joins in the call for abolition of the death penalty, with the use of life without parole as the primary alternative. "Should the legislature consider reestablishment of the death penalty, the League urges the creation of a state commission to study factors including, but not limited to, the following before a decision is made: • Adequate mechanisms for introducing new evidence; • Powers given to the County District Attorney in seeking the death penalty; • Racial, ethnic, and economic issues of defendants and victims (including data from other states); • Geographic inequities in New York law; • Costs of death penalty versus life in prison; • Equitable justice for all defendants; • Reliability of evidence in New York criminal convictions, and • Human rights aspects of State killing "If the New York State Legislature and Governor re-establish the death penalty statute, the League supports the exclusion of the following categories of people: • Mentally ill • Developmentally disabled, and • Under 18 years of age at the time of the crime "The League further believes that any death penalty law should require proof of guilt "beyond any doubt," rather than "beyond a reasonable doubt." Libby deProsse, Unitarian Justice Committee, spoke in support of the resolution on the agenda calling for the abolition of the death penalty in New York State. She said the cost of incarceration is less than the cost of a Capital Defender's Office. Brian Noteboom, representative of local carpenters, spoke in regard to the Ciminelli Project located near the Commons. He said Ciminelli has tried to recoup material cost overruns at the expense of local workers. Mr. Noteboom said some of the workers at the site come from areas such as Syracuse and South Carolina. 51 February 15, 2005 Richard Hinckley, business representative for Painters Local 178 in Ithaca, spoke in regard to the Ciminelli Project in downtown Ithaca. He expressed concern over the out-of-town people coming on to the project site to work. Mr. Hinckley said through a variety of funding measures such as the Industrial Development Agency and tax abatements, the City and County have allowed this project to proceed with the hope of generating jobs for local people. He said a situation has developed in the contract where the interior portion of the package was awarded to a contractor in Syracuse who has brought workers in by using an out-of-town labor broker in South Carolina, and there are now many people from South Carolina working on the project. Mr. Hinckley said because there are tax incentives and Industrial Development Agency funds involved in this project, he would like the Legislature's support in keeping the labor for these contracts local. David Marsh, member of the Tompkins -Cortland Building Construction Trades Council, also spoke in regard to the Ciminelli Project in downtown Ithaca. He stated on more than one occasion Ciminelli Development, Inc., made a conscious decision to award two bid packages to Haner Hoyt, Inc., of Syracuse who is a non-union contractor who sources the majority of its workforce from outside the local community. Mr. Marsh said the Tompkins -Cortland Building Construction Trades Council members oppose out-of-state construction workers being employed on this project while local taxpaying construction workers are unemployed. Mr. Marsh asked that the Legislature support local workers on this issue. Fay Gougakis, City of Ithaca, spoke in regard to the Lake Source Cooling Project and stated keeping monitors in the Lake is very important. She said she supports the resolution being proposed this evening and stated she also would like to add an additional monitor at the output. Ms. Gougakis said she also supports the position presented by the local unions this evening. Privilege of the Floor by Legislators Mr. Totman, District No. 9 Legislator, expressed his opinion that he doesn't feel the County should become involved in issues such as Lake Source Cooling. He said the County spends a substantial amount of money to hire consultants to advise on matters and then doesn't follow their advice. He also does not believe the County Legislature is qualified to challenge the opinions or actions of the Department of Environmental Conservation. Mr. Totman spoke to the issue of non -local workers being hired for the Ciminelli project and stated companies are forced to hire non -local labor because unions are paying their workers too much. Ms. Herrera, District No. 5 Legislator, spoke regarding the Ciminelli project. She said she felt the project would be good for this community and would result in additional jobs being brought downtown. She said she still feels the intent all along was good and was to bring jobs to Tompkins County. Ms. Herrera said her concern relates to the company of Haynor Hoyt, which has a record of labor law violations. She said people have a right to work as hard as they can to make a living but when situations exist where fair labor laws are not being followed she becomes greatly hesitant about supporting future tax abatements. Mr. Proto, District No. 7 Legislator, spoke regarding the Ciminelli project and stated he did not support the request for tax abatements for this project. He suggested that those who spoke this evening should arrange a meeting to communicate the concerns expressed to the Industrial Development Agency. Mr. Proto reported on February 10th agricultural producers received notification that the Tompkins County Farm Service Agency would be closed as of February 25, 2005. He said this Legislature adopted a resolution opposing the move that precipitated a number of meetings with the Agency Manager and the Director from Syracuse with federal legislators. The meetings resulted in a promise for better communication and he said that didn't happen. Mr. Proto said there are 500 people in agriculture in Tompkins County and a total of 900 people in the two counties that will be impacted. He 52 February 15, 2005 said he is very disappointed in the poor communication and the way this was handled and will be informing federal legislators of his opinions. Mrs. McBean-Clairborne, District No. 2 Legislator, spoke of the comments made this evening regarding the Ciminelli project. She agreed with Mr. Proto's suggestion for those who spoke this evening to present this information to the Industrial Development Agency (IDA) but also feels it is very important for this Legislature to become more informed about what is going on. Mrs. McBean-Clairborne said for far too long there have been all kinds of promises made in this community that were attached to tax abatements. She said when they don't follow-through it is at the taxpayer's expense. Mrs. McBean- Clairborne said she would like this to be followed up on by the IDA. Mrs. McBean -Claiborne also thanked Ms. Gougakis for bringing the issue of the Lake Source Cooling project to this Legislature and for her continuing efforts relating to that project. Mr. Winch, District No. 8 Legislator, thanked the Legislature for allowing him to present the Distinguished Youth Award to the young 4-H participants this evening. He said Ken Schlather, Executive Director of Cooperative Extension, gave him a report entitled "New York State 4-H Clubs Parent Study - Do 4-H Clubs Make a Difference?" and distributed copies to the Legislature. Ms. Kiefer, District No. 10 Legislator, made the following meeting announcements: February 17 at 7 p.m. at Dewitt Middle School: A public meeting for persons interested in speaking with County Highway staff about the County's plans for Hanshaw Road between the Village of Cayuga Heights and the Town of Dryden line; March 2 at 7 p.m. at South Hill School: A public meeting for interested persons to discuss Coddington Road between the City line and the Town of Danby line; and February 19 at 1 p.m. at the Ithaca Town Hall Congressman Hinchey is having a public discussion on the subject of Social Security. Ms. Kiefer also reported that New Yorker's for Verified Voting held a demonstration today outside the Legislative Office Building in Albany of paper ballots with optical scan machines so that Legislators and interested public and press could experience what it is like to vote on them. Mr. Lane, District No. 14 Legislator, spoke to the issue brought before the Legislature this evening by the union representatives and said while there does appear to be a problem, the problem is not that economic development is encouraged through tax abatements, bonding. or other things are being offered. He spoke of the limited information and resources Tompkins County Area Development has in comparison to other counties. He said as Chair of the Industrial Development Agency, he will present this issue at the next meeting because he also feels there is something going on that is not what was promised. Mr. Lane also spoke of the unfortunate death of Dryden resident Dr. John Ferger. Dr. Ferger had spent most of his life practicing in Dryden and passed away last week at the age of 81. Mr. Lane said Dr. Ferger had a wonderful life and was respected, he was gentle in his speech and far-reaching in his ideals. He also noted Dr. Ferger delivered over 900 babies in Tompkins County. Mr. Lane said Dr. Ferger taught and helped many residents of the community and will be greatly missed. Mr. Booth, District No. 3 Legislator, spoke of the labor issue raised this evening and said it is important to keep the subject in context. He said the Ciminelli project will be an enormous economic boost to the City of Ithaca and will bring hundreds of workers into downtown and those positive aspects have to be kept in mind. Mr. Booth also reported all Legislators should have received the 2005 Long Range Transportation Update. He said the report contains good news about public transportation Statewide stating total trips have gone up by less than a percentage between 1995 and 2001. However, the report states this figure has gone down in Tompkins County and he said this is difficult to understand 53 February 15, 2005 because of the great concern by this community for the environment and the impact on the infrastructure because of traffic. Mr. Penniman, District No. 15 Legislator, also spoke of the Ciminelli project. He said as a member of the Industrial Development Agency (IDA), he spent considerable time along with other members, reviewing this project before final approval was given. He said this project represents one of the larger abatements that has been given by the IDA. He said if the contractor had known that they were going to be facing higher costs there would have been further discussion about possibly a project labor agreement. Mr. Penniman said if that were to have happened there is also a likelihood that there would have been more discussion about a larger tax abatement as well. Chair Joseph said he would rearrange the agenda to first deal with items for which members of the public are specifically present. Presentation of Resolution(s) from the Budget and Capital Committee RESOLUTION NO. 22 - APPROVAL OF TOMPKINS CORTLAND COMMUNITY COLLEGE CIVIL SERVICE EMPLOYEES' ASSOCIATION AGREEMENT FOR THE YEARS 2005-2009 MOVED by Mr. Koplinka-Loehr, seconded by Mr. Lane. Mr. Proto raised an issue that other County contracts are presently in negotiations. Mr. Joseph said an executive session would be held later in the meeting to discussion contract issues and that any specific questions could be asked at that time. He noted that the contract being proposed falls within the guidelines and parameters that were originally set and does not see a reason to postpone acting on this. A voice vote resulted as follows: Ayes - 12, Noes - 2 (Legislators Booth and Proto), Excused - 1 (Legislator Robertson). RESOLUTION ADOPTED. WHEREAS, the contractual agreement between Tompkins Cortland Community College and the Civil Service Employees' Association, Inc., Local 1000, AFSCME, AFL-CIO, TC3 Unit 8908 of the Tompkins County Local 855 expired on December 31, 2004, 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 Civil Service Employees' Association, Inc., and WHEREAS, the negotiating teams reached agreement, and WHEREAS, the Board of Trustees of Tompkins Cortland Community College accepted 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 11-20 Presentation of Resolution(s) from the Planning, Development and Environmental Quality Committee RESOLUTION NO. 23 - REQUESTING THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION CONTINUE THE REQUIREMENTS OF THE CURRENT LAKE SOURCE COOLING MONITORING PLAN FOR THE DURATION OF THE EXISTING STATE POLLUTION DISCHARGE ELIMINATION SYSTEM (SPDES) PERMIT (3/1/2008) 54 February 15, 2005 MOVED by Ms. Herrera, seconded by Ms. Kiefer. Ms. Herrera disclosed that she works for Planning, Design and Construction at Cornell University that is the same division as the Facilities Division; however, that will not effect her vote. Ms. Herrera said she believes Lake Source Cooling is an innovative project that in the long-term can be very beneficial for the environment; however, she feels it is too soon to tell. She said right now there is an opportunity to measure data from eight sites that could help with adjusting any problem with Lake Source Cooling and removing the sites could call the results of the data into doubt. She said there is enough interest in Lake Source Cooling here, throughout the country, and around the world, to make establishing a full -serve data really important. She also stated things are still changing and the fact that the water treatment plant is lowering the phosphorous content of its discharge means that continued phosphorus monitoring is needed. Ms. Blanchard said she would like to postpone action on this resolution because she does not feel she is qualified to answer questions and would like to wait until the Water Resources Council holds its forum. Mr. Winch said he is not in support of this resolution and submitted the following statement: "I have watched this program since the first Public Works meeting. I have known those responsible for design and implementation of the project. "I have attended as many Lake Source Cooling Advisory Committees that time allowed. 1 listened to the Cornell scientists that were n the advisory committee. Steve Eidt of the Department of Environmental Conservation has been involved along the way. The Fresh Water Institute has done a lot of scientific research on the project. The testing of nine sites will happen during 2005. Cornell University is asking to reduce to two monitoring sites thereafter -- which was the original approved number but the Cornell Advisory Committee wanted to get more data. It has been proven that nine are not needed. "People voice concerns about lake pollution. Lake Source Cooling does not pollute -- most comes from wastewater treatment plants of which they have been actively reducing the amount of phosphorus going into the Lake. This is positive. They have spent millions to do this. "Raising the temperature is another concern - do you know that spring rains and runoff from the hills raises the temperature more? Cornell has saved $1.5 million in electricity. They have a $58 million dollar mortgage to pay off on the project. "The Ithaca City School District benefits from Lake Source Cooling at no cost. "Environmentally Lake Source Cooling makes a lot of sense. How much fossil fuel would it take to create $1.5 million worth of electric power? "I have much faith in Cornell's engineers and technicians that have developed this project. If scientists want to study the Lake more, I am sure that Cornell Facilities, i.e., Lake Source Cooling, would cooperate and contract with them that is a WIN WIN situation. "1 have been told that two other projects are looking into Lake Source Cooling -- one on Oneida Lake and one on Lake Ontario. This is an environmental wise use of our large lakes in the Northeast. "Lastly, I am curious about a recommendation coming from the Water Resources Council. I would have thought that we would get one earlier. "Thank you." 55 February 15, 2005 Mr. Winch said he, too, is interested in the outcome of the Water Resource Council forum, and would support a motion to postpone action on this resolution. Ms. Kiefer said while the public is invited to attend, the Water Resources Council has invited specific people to attend and answer questions by members. Therefore, she does not think it is the type of forum some Legislators are thinking it would be. She said at a meeting of the Water Resources Council yesterday there was no request that this resolution be delayed. Ms. Kiefer said she has been involved and followed Lake Source Cooling since its inception and it is clear to her that there are not sufficient data to have been able to perform sufficient analysis to detect any real trends. Mr. Totm.an said the State controls the Lake and does not understand why the County Legislature is spending so much time on this issue when the State will make the final decision. He also doesn't feel this Legislature is qualified to challenge the opinion of the New York State Department of Environmental Conservation. Mr. Lane said he has not been persuaded that any change should be made at this point. He said there are questions about the length of time the monitoring has been done and the amount of data that exist. He said there has been discussion about the monies used for this testing that could be used for other purposes and would like to hear more discussion about how this might move forward. Mr. Lane said he feels there is so much going on in the south end of the Lake and suggested municipalities join forces with other industries that use the Lake to do a better job of monitoring the Lake. Mr. Proto said he attended the Water Resources Council meeting yesterday and said the decision by the Department of Environmental Conservation will not be made until this summer; therefore, postponing actionthis evening will not have a serious impact. Mr. Proto spoke of a report dated May 27, 1968 entitled "Thermal Pollution of Cayuga Lake by a Proposed Power Plant" and said one of the concerns raised at the Water Resources Council related to thermal pollution and the effect of that. He said he doesn't feel the two to three years of data that has been collected from the Lake is sufficient and supports the proposed resolution. Mr. Booth said using naturally cooled water to heat buildings is an important idea and a concept that will have to be used in many more places. He said in this instance it seems useful to have a major responsible institution doing it provided there is careful Tong -term monitoring of this important resource. Mr. Booth feels Cornell is the kind of institution that can afford to undertake that kind of monitoring effort. He said he remains concerned about the DEC's capacities in this as it is an agency with immense responsibilities that has suffered greatly in terms of resources. It was MOVED by Ms. Blanchard, seconded by Mr. Winch, to Table this resolution to the April 5, 2005 Legislature meeting. A voice vote resulted as follows: Ayes - 6 (Legislators Blanchard, Booth, Proto, Todd, Totrnan, and Winch); Noes - 8 (Legislators Herrera, Joseph, Kiefer, Koplinka-Loehr, Lane, McBean-Clairborne, Penniman, and Schuler); Excused - 1 (Legislator Robertson). MOTION FAILED. It was MOVED by Mr. Koplinka-Loehr, seconded by Mr. Penniman, to add the following RESOLVED: "RESOLVED, further, That since no data exist to confirm whether Lake surface temperature has been raised or lowered under summer or winter conditions, the Department of Environmental Conservation be encouraged to acquire an additional monitoring station to establish and measure temperature at the outfall of Lake Source Cooling". Ms. Kiefer said she does not know if at this point the DEC would be able to determine what would constitute a significant affect and will not support this amendment at this time. Mr. Booth said he does not believe the addition of one monitoring station will provide a great deal of information. 56 February 15, 2005 Mr. Bland of Cornell University said continuous temperature data from the Lake is taken at the piling off the inlet so it is untrue that there are no temperature data taken. Furthermore, during the summer the discharge is actually 55 degrees when often the Lake is warmer than that. He said there is a diffuser that was designed to diffuse quickly to get rapid mixing and the DEC believed that was adequate and did not require temperature monitoring at the outfall. A voice vote on the amendment resulted as follows Ayes - 5 (Legislators Herrera, Koplinka- Loehr, McBean-Clairborne, Penniman, and Proto); Noes - 9 (Legislators Booth, Blanchard, Joseph, Kiefer, Lane, Schuler, Todd, Totman, and Winch); Excused - 1 (Legislator Robertson). MOTION FAILED. A roll call vote on the resolution resulted as follows: Ayes - 10 (Legislators Booth, Herrera, Joseph, Kiefer, Koplinka-Loehr, Lane, McBean-Clairborne, Penniman, Proto, and Schuler); Noes - 4 (Legislators Blanchard, Todd, Totman, and Winch); Excused - 1 (Legislator Robertson). RESOLUTION ADOPTED. WHEREAS, Cayuga Lake is a centerpiece of our community that provides environmental, recreational, social, and economic resources, and WHEREAS, Cornell University's Lake Source Cooling facility draws cold water from the deep waters of Cayuga Lake and, after passing it through a heat -exchange process, returns the warmer water to the shallow, south end of the Lake, and WHEREAS, the Lake Source Cooling heat -exchange facility provides economic benefits to Cornell by using eighty percent less energy than a conventional cooling system, and WHEREAS, on February 2, 2005, City of Ithaca Common Council passed Resolution No. 11.1 opposing reduction in the number of monitoring sites and asking Cornell University to withdraw its request to New York State Department of Environmental Conservation, and WHEREAS, there is considerable community concern for maintaining and even enhancing the water quality of Cayuga Lake, and WHEREAS, a water -quality monitoring plan was submitted and accepted by the New York State Department of Environmental Conservation (DEC) as a condition of the original State Pollution Discharge Elimination System (SPDES) permit granted to Cornell University, and WHEREAS, the sampling required by the monitoring plan has been in place since 1998 with two years of data prior to plant operation and three years of data since the facility went into operation in 2000, and WHEREAS, the DEC renewed the SPDES permit for Lake Source Cooling in 2003 for another five-year term with no change to the original monitoring plan, and WHEREAS, Cornell University has now requested modifications to the current Lake Source Cooling Monitoring Plan, including reducing the number of monitoring sites, as stated in their letter to the DEC dated July 29, 2004, related to SPDES permit #NY 024 4741, and WHEREAS, three years of data since the plant went into operation is not enough to establish any statistical water quality trends due to the very nature of the constantly fluctuating natural environment in Cayuga Lake, and WHEREAS, continued monitoring at the same sampling sites for at least the remainder of the current five-year SPDES permit will better enable the separation of impacts that are a result of the fluctuating natural environment from those that could be occurring as a result of the Lake Source Cooling facility, and WHEREAS, during the monitoring period planned reductions in phosphorus discharges from the Ithaca Area Waste Water Treatment Plant that also empties into the south end of the Lake will be implemented, and WHEREAS, during the monitoring period newly constructed Cornell buildings will come into use, increasing the amount of Lake Source Cooling capacity in use, and WHEREAS, on the basis of all these facts and a review of pertinent documents, on November 12, 2004, the Environmental Management Council's (EMC) Environmental Review committee sent a letter to the DEC urging no reduction in monitoring, and 57 February 15, 2005 WHEREAS, the Town of Ithaca's consultant, Benchmark Environmental Engineering & Science, after completing an independent review of the water -quality monitoring reports related to the Lake Source Cooling facility from 1998 to 2002, recommended that the current monitoring plan remain essentially in place, and WHEREAS, the Town of Ithaca endorsed the recommendations of Benchmark Environmental Engineering & Science in resolution no. 2004-179 on November 15, 2004, and WHEREAS, on January 12, 2005, the EMC passed resolution No. 1-2005: Requesting the New York State Department of Environmental Conservation Continue the Requirements of the Current Lake Source Cooling Monitoring Plan for the Duration of the Existing SPDES Permit (3/1/2008), now therefore be it RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee, That the Tompkins County Legislature requests that the DEC continue the requirements of the current Lake Source Cooling Monitoring Plan, including maintaining data collection at all current monitoring stations, for at least the duration of the existing SPDES Permit, RESOLVED, further, That this resolution be forwarded to the Director of the Division of Water, Region 7 of the NYS DEC. SEQR ACTION: TYPE II -20 Presentation of Resolution(s) from the Public Safety Committee RESOLUTION NO. 24 - RESOLUTION CALLING FOR ABOLITION OF THE DEATH PENALTY IN THE STATE OF NEW YORK MOVED by Mrs. McBean-Clairborne, seconded by Mr. Totman. Mr. Booth said he does not believe the death penalty is wrong in all circumstances. He said he does not agree that government in some circumstances does not have the right and the obligation to execute certain people. He said he has been troubled for a long time about the implementation of the death penalty and stated if someone has enough money to hire a very good lawyer at the trial stage the chances of being convicted and sentenced to death at the trial stage is almost zero. He feels this is wrong and if federal and state governments decides to continue the death penalty the issue of the enormous economic disparities in how it is applied will need to be addressed. A voice vote resulted as follows: Ayes - 13, Noes - 1 (Legislator Proto); Excused - 1 (Legislator Robertson). RESOLUTION ADOPTED. WHEREAS, in 1995, New York State reenacted the death penalty, and portions of New York's death penalty statute have been ruled unconstitutional in the state's courts, and there has been a de facto moratorium on the death penalty in New York State since June 2004 when the New York Appeals Court found in LaValle that the death penalty statute was so seriously flawed "...that under the present statute, the death penalty may not be imposed" (Judge George Bundy Smith), and WHEREAS, the General Accounting Office of the United States Congress has found racial bias in the implementation of death penalty statutes, numerous studies have confirmed this bias, and no reputable sociological study has ever shown the death penalty to deter crime, and WHEREAS, since 1973, more than 110 inmates nationwide have been released from death row because substantial evidence of their innocence was uncovered, and WHEREAS, the death penalty has consistently been demonstrated to cost more than life without parole, and WHEREAS, polls have repeatedly shown that a majority of New Yorkers support alternatives to the death penalty when given the choice, now therefore be it RESOLVED, on recommendation of the Public Safety Committee, That the Tompkins County Legislature urges the Governor of New York State, the State Legislature, and New York's District Attorneys to abolish the death penalty in New York State, RESOLVED, further, That the Tompkins County Legislature urges Congress and the President of the United States to pass resolutions ending federal executions as quickly as possible and sign them into law, 58 February 15, 2005 RESOLVED, further, That copies of this resolution shall be sent to the President of the United States, the Majority Leader of the United States Senate, the Speaker of the House of Representatives, the local members of Congress, the United States Senators from New York, the Governor of New York, the Speaker of the State Assembly, the Majority Leader of the State Senate and local State Senators, Assembly Members, and District Attorneys. SEQR ACTION: TYPE II -20 Recess Chair Joseph declared recess from 7:17 p.m. to 7:26 p.m. Presentation - Results of Countywide Survey of Senior Needs by Lisa Holmes, Office for the Aging Lisa Holmes of the Office for the Aging presented the Legislature with the following report entitled "Results of the 2004 Senior Needs Assessment: Legislature Outline": Intro: The Tompkins County Office for the Aging conducted this Needs Assessment in March, 2004, with financial assistance of a member item grant from Assemblywoman Lifton's office. In 1995, COFA conducted needs assessment of 60+ population under the direction of Irene Stein. Majority of questions were replicated in 2004 so comparisons could be made. As a result, we have a vast amount of reliable statistical information on our Tompkins County Senior Population, and we can examine trends from 1995 to 2004. Whole survey, including questionnaire and all of the results, can be found on COFA's website: www.tompkins-co.org/cola. Sample Selection Based on the Tompkins County senior population (12,000), we estimated that 366 completed interviews were needed to obtain results at the 95% level of confidence. A total of 393 interviews were actually completed. Random sample drawn from mailing list of Senior Circle newsletter, which is comprised of over 10,000 names. Letter sent from COFA director to each person in sample, explaining purpose of survey, and notifying them that we would be calling. 393 completed; 110 refusals-- response rate of 78%. Interviewer Training Nine part-time temporary interviewers were hired and trained to conduct telephone surveys. Interviews were conducted in evenings and Saturdays during 2 weeks in March. Results In terms of results, there were over 75 very detailed questions, so I'm going to give an overview of the results in the time we have. If you have very specific questions, feel free to call me and I'll try to dig up the answer for you. I can also cross -tab any question by township, so if you are interested in that level of detail, I can get it for you. Demographics In terms of the demographics of respondents, we were pleased with the results. We compared the demographics of our sample to that of the Census data for Tompkins County seniors, and it was representative in terms of age stratification, gender, race and income. Due to our time constraints, I won't show you those details now, but I will show: 1) Breakdown by township. It almost exactly mirrors the Census data, except for a slightly higher number of seniors from the Town of Dryden and a slightly lower number from the Town of Ithaca, but not enough to be significant. So we got a very good representation from all the townships in the County. 59 February 15, 2005 Now on to some of the topical areas we covered and the most significant findings: 2) Employment You can see the rates of employment in this slide, with the 2004 figures represented by the darker bars. Nearly 25% of the seniors we interviewed were employed. This is nearly a 5% increase from the 1995 survey, and as you can see, the largest increase is in part-time employment. Another way of saying it is that 1 out of every 4 seniors over age 60 in Tompkins County is employed, up from 1 in 5 10 years ago. This can be interpreted to mean that as seniors are living longer and healthier lives, they are working well into the traditional retirement years. It may also indicate that more seniors need to continue working out of financial necessity. Housing The majority of respondents, about 81% (N=319) own their own homes. This we knew. But we'd underestimated the growing need for major home repairs. 3) Major Home Repairs Respondents were asked "Does your home need any major repairs, that is, something you think would cost about $500 or more to fix, like a new roof, heating system or septic?" They were also asked "Why hasn't this been repaired?" 30.9% stated that their homes needed at least one major repair, and of these, 44.6% cited the high cost of repairs as the reason it had not been completed. This is an increase from the 1995 survey, where 17.4% of respondents reported that their homes needed a major repair. We can estimate from these numbers that approximately 3,700 seniors in Tompkins County have not carried out needed major home repairs, and about 1,600 have not done so because of the cost involved in the repairs. After the 1995 survey, we put a lot of our state funding into home repair programs, and this tells us we need to do even more. 4) Housing Costs Respondents were asked their costs for rent/mortgages, utilities, taxes and homeowners insurance, and then those costs were summed. An index of Housing Cost Burden was created through a ratio of total costs to income. According to HUD, housing which takes up more than 30% of a household's gross income is classified as unaffordable. As you can see in the table, totaling up these two rows, 34% of respondents have housing cost burdens in excess of 30%. HUD also states that households spending more than 50% of their incomes on housing have "severe cost burdens." You can see in the table that 15% had severe cost burdens. Adjusting for comparability there was a 6.9% increase in housing cost burden between 1995 and 2004. This is an area of great concern. 5) Fear of Crime We asked a series of questions to see whether fear of crime was a factor in limiting seniors' activities and it wasn't a large factor. We asked if people avoided going out at night, avoided using public transportation and avoided leaving home, and while some people did avoid these activities to some extent, largely it wasn't because of fear of crime. These questions were also asked in 1995, and while the numbers were also small then, they dropped even more in 2004. 6) Health Conditions Respondents were asked about a number of health conditions, and their frequencies are listed here. The 2004 responses are the darker bars. Nearly all of these frequencies have increased since 1995, with just a few exceptions. Likely due to shifting demographics the bottom line being that we have greater numbers of ``older seniors" in the population than we did in 1995, and these individuals are more likely to have chronic conditions. 9) Awareness of Services We asked respondents whether they knew about various services and programs available to them. Once again, the 2004 figures are darker. A majority knew about all services listed with the exception of health 60 February 15, 2005 insurance counseling (38.9%) and mediation through the Community Dispute Resolution Center (47.1%). Awareness for Gadabout, hospice care and Foodnet home delivered meals were all over 90%. 10) An area of need that we uncovered is Help with Health Insurance 19.1% of respondents reported needing help in understanding their health insurance coverage or in deciding whether to purchase additional coverage. 13.0% stated a need for help filling out their claim forms. Coupled with the fact that only 153 respondents 38.9% were aware of the Health Insurance Counseling program (HIICAP), these results indicate that attention is needed in this arena. Our office and Lifelong have already taken action here and we're both doing a lot of outreach and education about the HIICAP program.. 11) Prescription Drug Coverage 12.7% of respondents were not enrolled in insurance or a program providing prescription drug coverage. 4.1% of respondents said they fail to fill prescriptions or stretch out their medications to make them last longer than they should because of the cost. Of these 16 individuals, 13 reportedly had prescription drug coverage, and they are still failing to fill because of affordability issues. Conclusion The Office for the Aging is going to be using this data in the coming years for our planning, and, like always, we'll be working with many others to get these things done. You can read the recommendations and our plans to address the areas that need addressing. We've been publicizing far and wide that this data is available in hopes that it will be utilized across agency lines and across various domains of community planning. I'd be happy to run additional cross -tabs in other specific areas of interest. Ms. Holmes said seniors in the study were defined as those persons being 60 years of age or older. Mr. Proto asked what the percentage of seniors is that are staying in their homes compared to what that figure was ten years ago. Ms. Holmes said there is approximately the same number of people saying in their homes today as there was ten years. She said she believes this is because the housing stock is continuing to age at the same time. She will provide Mr. Proto with additional information on this. Mr. Joseph thanked Ms. Holmes for providing this presentation to the full Legislature. Chair's Report Mr. Joseph reported he attended the NYSAC (New York State Association of Counties) Conference in Syracuse recently and it was dominated by the topics of Medicaid and jails. There is a determination to make a major push around the State budget process and this will begin with a Medicaid rally on February 27th at the Wings of Eagles Museum at the Elmira Corning Regional Airport. Mr. Joseph said at the Conference he led a workshop on jail construction and dealing with the Commission of Correction for the purpose of sharing information among counties. The workshop was attended by over 50 people. Mr. Joseph reported the Legislature has been informed that it has to decide before the next meeting whether, if the State removes sales tax on clothing and footwear, the County elects to remove the County's portion of the tax. He said right now the local sales tax on clothing will continue unless this Legislature wants to take action. He noted if no action is taken by this Legislature and the State takes action to remove its portion of the tax, the local tax will continue without action by this body. Addition of Resolution to the Agenda It was MOVED by Mr. Penniman, seconded by Ms. Herrera, to add a resolution to the agenda entitled Providing an Exemption from Sales and Compensating Use Taxes for Receipts from Retail Sales 61 February 15, 2005 of, and Consideration Given or Contracted to be Given for, Certain Clothing and Footwear Pursuant to the Authority of Article 29 of the Tax Law of the State of New York. A voice vote resulted as follows: Ayes - 9 (Legislators Booth, Herrera, Joseph, Koplinka-Loehr, Lane, McBean-Clairborne, Penniman, Schuler, and Winch); Noes - 5 (Legislators Blanchard, Kiefer, Proto, Todd, and Totman); Excused - 1 (Legislator Robertson). MOTION FAILED. Mr. Lane said he was troubled that the majority will not allow this to be considered tonight, and asked County Administration to look into this and the possibility of presenting it at the next meeting. Chair's Appointment(s) Mr. Joseph announced the formation of the Air Service Committee and the following membership: Barbara Blanchard Ed Marx Larry Baum Mike Hall Rich McDaniel Jean McF'heeters Michael Stamm Report from the County Administrator Mr. Whicher reported the proposal to have a combined position of Planning Commissioner/Public Works Commissioner is moving forward with discussion to take place at the Facilities and Infrastructure and Government Operations Committees. He said he has distributed to all Legislators a copy of a written summary of his goals and objectives, job description, and an overview of the position of County Administrator. Mrs. McBean-Clairborne asked that the proposal to combine these positions also be presented to the Planning, Development, and Environmental Quality Committee. Mr. Whicher requested an executive session to discuss collective bargaining agreements. Report from the County Attorney Mr. Wood said an interesting decision was received this week regarding an independent contractor who was working at the Highway Department and who was injured. The court decided the County was strictly liable because this individual was on a ladder and under New York Law there is strict liability pertaining to elevated height. Mr. Wood stated the contract said the company for whom the person was employed would be responsible for covering the costs; therefore, there won't be any liability risk to the County. Mr. Wood said this illustrates the importance of the County protecting itself in its contracts. Report from the Finance Director Mr. Squires reported he is delivering the County's most recent official financial statement to the Clerk. He said a bond sale is scheduled for February 24 and the official statement is available on the Internet at www.fiscaladvisors.com. He said because the County is in the process of having a bond sale it had to go through a bond rating and reported the County's rating of AA2 was reaffirmed with a negative outlook. He said he has distributed copies of an independent analysis which describes the negative outlook and noted that all counties in New York State have a negative outlook. He said the County is criticized because of this Legislature's stand to put a cap on the tax levy. This is viewed as negative because it limits the investors ability to recover its investment in the County because of limited resources. Mr. Squires said the report also expresses concern over the County's reliance on retail sales. Mr. Squires 62 February 15, 2005 also reported on the status of foreclosure properties and stated there are five houses of which two are owner -occupied. Mr. Squires reported sales tax receipts for January were three percent ($300,000) above last year. Addition of Resolution(s) to the Agenda There were no resolution(s) added to the agenda. Withdrawal of Resolution(s) from the Agenda. There were no resolution(s) withdrawn from the agenda. Approval of Resolution(s) and Appointment(s) Under the Consent Agenda It was MOVED by Mr. Booth, seconded by Ms. Blanchard, and unanimously adopted by voice vote by members present, to approve the following resolution(s) under the Consent Agenda: RESOLUTION NO. 25 - ACCEPTANCE OF FOOD STAMP NUTRITION EDUCATION GRANT WITH ASSOCIATED ADJUSTMENTS TO CONTRACT TERMS AND COUNTY BUDGET — DEPARTMENT OF SOCIAL SERVICES MOVED by Mr. Booth, seconded by Ms. Blanchard, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the 2005 budget presently anticipates that the Department of Social Services will pass through to Cornell Cooperative Extension of Tompkins County $277,136 of 100 percent Federal funds to support the operation of its Food Stamp Nutrition Education Program, and WHEREAS, the Department has received notice that the United States Department of Agriculture has agreed to fund a $57,472 expansion to the aforementioned program, now therefore be it WHEREAS, the 2005 budget presently anticipates that the Department of Social Services will pass through to Cornell Cooperative Extension of Tompkins County $277,136 of 100 percent Federal funds to support the operation of its Food Stamp Notice that the United States Department of Agriculture has agreed to fund a $57,472 expansion to the aforementioned program, now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, That the Department of Social Services is authorized to accept and pass through to Cooperative Extension the additional Federal funds through its Food Stamp Nutrition Education Program contract, RESOLVED, further, That, in order to reflect the increased value of the grant and contract, the Director of Finance shall make the following budget adjustment on his books: REVENUE: A6010.44611 Fed: Food Stamp Admin $57,472 APPROPRIATION: A6010.54442 Professional Services $57,472 SEQR ACTION„ TYPE II -20 RESOLUTION NO. 26 - AUTHORIZATION TO UTILIZE REMAINING COMMUNITY SOLUTIONS FOR TRANSPORTATION GRANT FUNDS AND ASSOCIATED BUDGET ADJUSTMENT — DEPARTMENT OF SOCIAL SERVICES MOVED by Mr. Booth, seconded by Ms. Blanchard, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, $134,365 of the 100 percent Federal Community Solutions for Transportation funds granted to the Department of Social Services in 2004 to address the transportation needs of certain qualifying residents of the County remained unspent at year end, and 63 February 15, 2005 WHEREAS, the Department has a plan to use these funds to subsidize car loans and repairs, auto insurance, tires, AAA memberships, children's car seats, fuel cards, and taxi fare for eligible persons to assist them to secure or retain employment, now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, That the Department of Social Services is authorized to accept and utilize this funding, RESOLVED, further, That the Director of Finance shall make the following budget adjustment on his books: REVENUE: A6010.44610 Federal: DSS Admin $134,365 APPROPRIATION: A6010.54404 Pass Through Expense $134,365 SEQR ACTION: TYPE II -20 RESOLUTION NO. 27 - ACCEPTANCE OF HOSTING AGREEMENT BETWEEN TOMPKINS COUNTY AND THE STATE OF NEW YORK FOR THE ITHACA TOMPKINS COUNTY TRANSPORTATION COUNCIL MOVED by Mr. Booth, seconded by Ms. Blanchard, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the Ithaca Urban Area was created in 1991 by the United States Government, and WHEREAS, the creation of the Ithaca Urban Area entitled the governments of the Urban Area to form a Metropolitan Planning Organization for transportation planning in the Urban Area, and WHEREAS, the governments of the Ithaca Urban Area have created the Ithaca -Tompkins County Transportation Council (ITCTC) to provide transportation planning services for the Ithaca Urban Area, and WHEREAS, Federal funding for the ITCTC is provided through the New York State Department of Transportation (NYSDOT), and WHEREAS, the NYSDOT has created a Hosting Agreement between the State and the Host of the ITCTC, Tompkins County, now therefore be it RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee, That the County accepts the seven-year Hosting Agreement with the State of New York in its role as host of the ITCTC, RESOLVED, further, That the County Administrator, or his designee, is authorized to sign the Hosting Agreement on behalf of the County. SEQR ACTION: TYPE II -20 RESOLUTION NO. 28 - SCHEDULING A PUBLIC HEARING FOR ADDITIONS TO AGRICULTURAL DISTRICTS NO. 1 (EAST SIDE OF CAYUGA LAKE) AND NO. 2 (WEST SIDE OF CAYUGA LAKE) MOVED by Mr. Booth, seconded by Ms. Blanchard, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, Resolution No. 25 of 2004 designated November as an annual review period when landowner proposals for inclusion of viable agricultural lands within existing certified agricultural districts will be accepted for review and action by the Tompkins County Legislature, and WHEREAS, nine landowners have requested addition of parcels totaling 409.53 acres to Tompkins County Agricultural District No. 1 and one landowner has requested addition of parcels totaling 5.63 acres to Tompkins County Agricultural District No. 2, and WHEREAS, the County Legislature is required to hold a public hearing and act on such proposals within 120 days under New York State Agriculture District Law, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the public hearing on additions to the Agriculture Districts of Tompkins County be held at the County Legislature meeting scheduled for March 15, 2005, 64 February 15, 2005 RESOLVED, further, That the Clerk of the County Legislature is authorized to place proper notice of this public hearing in the official newspaper of the County. SEQR ACTION: TYPE II -20 RESOLUTION NO. 29 - AUTHORIZING A PUBLIC HEARING TO DISCUSS SUBMITTING AN APPLICATION FOR THE SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR PROGRAM YEAR 2005 FUNDING TO CONTINUE THE TOMPKINS COUNTY HOMEOWNERSHIP PROGRAM MOVED by Mr. Booth, seconded by Ms. Blanchard, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, applications for housing, public facilities, and microenterprise programs for the New York State Governor's Office for Small Cities' program year 2005 funding for the Small Cities Community Development Block Grant (CDBG) program will be accepted in April 2005, and WHEREAS, Tompkins County would like to apply for these 2005 Small Cities CDBG funds, and WHEREAS, Tompkins County is required to have two public hearings pursuant to any 2005 CDBG applications for funding, and WHEREAS, the first public hearing was held on September 7, 2004, to discuss general needs in the County, now therefore be it RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee, That a second public hearing date be set for March 1, 2005, to discuss submitting an application for funding under the CDBG program to continue the Tompkins County Homeownership Program, RESOLVED, further, That the hearing will be held at a regularly scheduled meeting of the County Legislature, RESOLVED, further, That the Clerk of the County Legislature is authorized to place proper notice of the public hearing in the official newspaper of the County. SEQR ACTION: TYPE II -20 RESOLUTION NO. 30 - AUTHORIZATION TO EXTEND CONTRACT - PUBLIC SAFETY COMMUNICATIONS SYSTEM CAPITAL PROJECT MOVED by Mr. Booth, seconded by Ms. Blanchard, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the County has established the Public Safety Communications System as a capital project and the Legislature has assigned the Public Safety Committee to provide oversight of the project, and WHEREAS, outside consultants and contractors are required to complete all phases of the project, which include design, research, assessments, and other elements, as well as procurement of products, and WHEREAS, the County established contracts to provide project management for this project, with SSI, Inc., of Limerick, Pennsylvania, on May 20, 2004, and WHEREAS, the County wishes to obtain additional consulting services from SSI, Inc., of Limerick, Pennsylvania, related to contract negotiations and implementation, now therefore be it RESOLVED, on recommendation of the Public Safety Committee, That the County Administrator be authorized to extend contract services with SSI, Inc., of Limerick, Pennsylvania, for up to $55,000 for assistance in the contract and system negotiations for the implementation of the Public Safety Communications System, the funds for which are available in the current capital project (Project No. 34.12) Account No. HI 3412-59239, 65 February 15, 2005 RESOLVED, further, That the County Administrator is hereby authorized to extend the contract and to execute change orders up to five (5) percent of the contract total. SEQR ACTION: TYPE H-20 Appointment(s) It was MOVED by Mr. Booth, seconded by Ms. Blanchard, and unanimously adopted by voice vote by members present, to approve the following appointment(s) under the Consent Agenda: Environmental Management Council Gary Stewart - At- large (#4) representative; term expires December 31, 2005 Water Resources Council Bret Garwood - Business and Industry representative; term expires December 31, 2006 Strategic Tourism Planning Board Mary E. Rachun - Ithaca College representative; term expires December 31, 2006 Agricultural and Farmland Protection Board Rachel Crispell - Dairy Farmer representative; term expires December 31,2008 Fish and Wildlife Management Board Gregory Johnson - Landowner representative; term expires December 31, 2006 Report from the Health and Human Services Committee Mr. Winch, Vice Chair, reported at the last meeting the Committee heard from Irene Stein, Director of the Office for the Aging, concerning long-range goals and the presentation given this evening demonstrates the importance of this Legislature understanding the demographics of the County and knowing what the needs of the elderly are. Heather Filiberto, Environmental Management Council Coordinator, spoke to the Committee about the proposed local law to ban open burning in Tompkins County. The Committee also discussed documentation of wells drilled in Tompkins County with Jodie Mangor of the Environmental Health Division of the Health Department. Report and Presentation of Resolution(s) from the Planning, Development and Environmental Quality Committee Ms. Herrera, Chair, reported the Committee met on February 2 and received a presentation from Cornell and the Environmental Management Council on the subject of Lake Source Cooling. The Committee also heard a report from the Water Resources Council on aquifers, including the results of studies that have been performed. The Council reported they have worked with the Storm Water group to examine storm water control ordinances and have distributed information to effected municipalities about minimum requirements and possible enhancements. Ms. Herrera said these municipalities will need to adopt storm water control ordinances by 2008. The Committee also heard from the Wetlands Committee concerning a grant application to the EPA (Environmental Protection Agency) to examine wetlands and identify regulations that could be transferred to Tompkins County. The Committee also discussed and considered the resolution that appeared on the agenda this evening. The next meeting will be March 2nd. 66 February 15, 2005 RESOLUTION NO. 31 - SEEKING EXPANSION OF EMPIRE ZONES TO ALL COUNTIES MOVED by Ms. Herrera, seconded by Ms. Schuler. Mr. Proto said he has serious concerns about exemptions and abatements and would like a review of the existing IDA exemptions as well as the 485B exemptions. Mr. Winch spoke of the State passing on expenses to counties. He said he supports economic development but what appeared to be a fair system with fair criteria has caused an uproar in some areas, such as Tompkins County. Mr. Joseph agreed with Mr. Winch's comments and said the program's purpose is no longer detectable and it does not work very well. He believes this is a bad program and would support the elimination of it across the State. However, Mr. Joseph said when almost every county has an empire zone and it is no longer targeted at all he cannot support giving it to everyone except Tompkins County. Other legislators were in agreement with the comments made by Legislators Joseph and Winch. A voice vote resulted as follows: Ayes — 11; Noes - 3 (Legislators Proto, Todd, and Winch); Excused - 1 (Legislator Robertson). RESOLUTION ADOPTED. WHEREAS, the Empire Zone program can be a very effective economic development tool to create quality employment opportunities and encourage private -sector investment, 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, only eleven of New York's sixty-two counties 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, now therefore be it RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee, That the Tompkins County Legislature 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 sixty-two counties, 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 George Winner, Senator Michael Nozzolio, Assemblywoman Barbara Lifton, Chair of the Assembly Economic Development Committee Assemblyman Robin Schimminger, Chairman of the Senate Committee on Commerce, Economic Development, and Small Business Senator James Alesi, New York State Association of Counties, and Commissioner of Empire State Development Charles Gargano. SEQR ACTION: TYPE II — 20 Report and Presentation of Resolution(s) from the Budget and Capital Committee Mr. Koplinka-Loehr, Chair, reported the Committee met on February 8th and received information on the Governor's budget. There was also discussion on the County's Affirmative Action and Diversity efforts. The Income Tax Committee presented an Interim Report. They do not have recommendations at this point; they received direction from the Committee in addition to some additional areas to follow-up on. At the next meeting on February 22 the Committee will discuss feedback that was received from department heads and legislators about last year's budget process. Mr. Koplinka-Loehr reported the Committee discussed requests to fill position forms and agreed on increased scrutiny of diversity for all County departments. He said at the next meeting the Committee will discuss a form or series of questions that will be prepared to accompany that position request form. 67 February 15, 2005 RESOLUTION NO. 32 - ENDORSING STATE LEGISLATION S893 AND A1079 EXTENDING EXISTING SALES AND USE TAX AUTHORITY OF THE COUNTY OF TOMPKINS MOVED by Mr. Koplinka-Loehr, seconded by Mr. Todd. It was MOVED by Mr. Lane, seconded by Mr. Penniman, to amend the resolution by adding the language contained in the model sales tax exemption resolution that was defeated in being added earlier in the evening. Mr. Penniman said footwear and clothing is a necessity and he sees this as an opportunity to make Tompkins County's taxation more progressive. Ms. Kiefer said she understands the importance of assisting people who are buying necessities; however, her understanding of the Governor's budget is that it proposes to increase the exemption to $250. She said if this goes through at the State level the County would be bound by that higher level if an exemption is in force. She said she does not feel this Legislature is well -enough informed about this issue and suggested holding a special Legislature meeting on March 1st in order to meet the deadline. Mr. Wood said the State Department of Taxation and Finance says the County has to use exact language on the previous resolution and also has to adopt this resolution containing the exact language required. He spoke against placing this resolution in jeopardy at a cost of $2 million. [Mr. Todd was excused at this time. j Mr. Joseph said he will not support removal of the sales tax on clothing and footwear. However, if a Legislator comes to him with a majority of members in favor of this he will call a special meeting of this Legislature to pass the resolution. Mr. Booth said if this motion goes through it would mean that any item can be added to the agenda as long as there are a majority of votes. Mr. Joseph agreed and called the motion on the floor out of order. It was MOVED by Mr. Lane, seconded by Mr. Totman, to challenge the ruling of the Chair. A roll call vote on sustaining the ruling of the Chair resulted as follows: Ayes — 11; Noes - 2 (Legislators Lane and Totma.n); Excused - 2 (Legislators Robertson and Todd). THE RULING OF THE CHAIR WAS SUSTAINED. Mr. Lane said he would like to explore whether Tompkins County can reduce the sales tax on energy. Mr. Wood said he will look into this but it cannot be done without State legislation. Mrs. McBean-Clairborne asked what this action would mean in terms of a dollar amount. Mr. Proto suggested this resolution be postponed in order for Mr. Lane's question to be answered. Ms. Kiefer said she is more interested in removal of the tax on home heating fuel rather than gasoline. Mr. Joseph said the current option the County has is on home heating fuel and natural gas and not on gasoline. It was MOVED by Mr. Proto, seconded by Mr. Winch, to Postpone action on this resolution until June. Mr. Lane said he would wait until the next meeting to vote on this but would not support waiting until June as the County needs to act while the State Legislature is in session. A voice vote on the motion to postpone resulted as follows: Ayes - 2 (Legislators Proto and Winch); Noes - 11; Excused - 2 (Legislators Robertson and Todd). MOTION FAILED. It was MOVED by Mr. Winch, seconded by Mr. Proto, to Postpone action on this resolution for one month. A voice vote resulted as follows: Ayes - 5 (Legislators Kiefer, McBean-Clairborne, Proto, 68 February 15, 2005 Schuler, and Winch); Noes - 8 (Legislators Blanchard, Booth, Herrera, Joseph, Koplinka-Loehr, Lane, Penniman, and Totman); Excused - 2 (Legislators Robertson and Todd). MOTION FAILED. It was MOVED by Mr. Lane, seconded by Mrs. McBean-Clairborne, to Postpone action on this resolution until the March 1 Legislature meeting. A voice vote resulted as follows: Ayes - 7 (Legislators Kiefer, Lane, McBean-Clairbome, Proto, Schuler, Totman, and Winch); Noes - 6 (Legislators Blanchard, Booth, Herrera, Joseph, Koplinka-Loehr, and Penniman); Excused - 2 (Legislators Robertson and Todd). MOTION FAILED. A voice vote on the original resolution resulted as follows: Ayes - 10; Noes - 3 (Legislators Proto, Schuler, and Winch); Excused - 2 (Legislators Robertson and Todd). 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, 2005, and WHEREAS, this Legislature by Resolution No. 236 of 2004 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, 2005, and they have done so and have introduced S893/A1079 "AN ACT to amend the tax law, in relation to authorizing the county of Tompkins to continue imposing an additional one percent sales tax" that extends this authority to November 30, 2007, now therefore be it RESOLVED, on recommendation of Budget and Capital Committee, That this Legislature endorses and requests State approval of legislation known as S893 and A1079, and urges its elected representatives in the Senate and the Assembly to support this legislation. SEQR ACTION: TYPE 11-20 Report from the Government Operations Committee Mr. Lane, Chair, reported the Committee held a special meeting for the purpose of working on the County Administrator's evaluation in executive session. The Committee will meet tomorrow. Report from the Public Safety Committee Mrs. McBean-Clairborne, Chair, reported the Committee met and discussed the resolution pertaining to the death penalty and also heard a report on the Communications Capital Project from Lee Shurtleff, Director of Emergency Center. He also reported to the Committee that Ithaca City Police dispatch operations have moved to the Emergency Response Center on February 1st. Mrs. McBean- Clairborne said the Committee reviewed goals for 2005 and she noted the Committee will attempt to communicate more effectively with the public on issues that come before the Committee. Ms. Schuler reported March 8-10 a training on instant command systems will be held. Anyone interested may register online. Report from the Facilities and Infrastructure Committee Mr. Penniman, Chair, reported the Committee has not met since the last Legislature meeting. The next meeting will be February 17th. At that meeting there will be a discussion of the filling of positions at the Highway Division. 69 February 15, 2005 Report from the Space Needs and Location Committee Mr. Proto, Chair, reported the Committee meeting has been rescheduled to February 23rd. He also reported two meetings have taken place by staff to review agenda items and to discuss the work of the consultants. He said he will have a full report at the next Legislature meeting. Approval of Minutes of February 1, 2005 It was MOVED by Mr. Booth, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by tnembers present, to approve the minutes of February 1, 2005 as corrected. MINUTES APPROVED. Recess Mr. Joseph declared recess from 9:00 p.m. to 9:05 p.m. Executive Session It was MOVED by Mr. Proto, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present, to enter into executive session at 9:05 p.m. to discuss collective bargaining agreements. The meeting returned to open session at 9:30 p.m. Adjournment On motion the meeting adjourned at 9:30 p.m. 70 March 1, 2005 Special Meeting Called to Order The meeting was called to order at 3:45 p.m. Pledge of Allegiance to the Flag and Roll Call of Members Members and guests participated in the Pledge of Allegiance. Present: 14 Legislators (Legislator Todd arrived at 3:46 p.m., Legislator Booth arrived at 3:49 p.m., and Legislator Proto arrived at 3:50 p.m.); Excused: 1 (Legislator Blanchard). Privilege of the Floor by the Public [Mr. Todd arrived at this time.] Carolyn Peterson, City of Ithaca Mayor, spoke in opposition to the resolution entitled Providing an Exemption 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 Pursuant to the Authority of Article 29 of the Tax Law of the State of New York. As Mayor, she has scheduled a special Common Council meeting for 4:30 p.m. today should the County adopt said resolution as the City feels it would have to pass the resolution as well since it would be difficult to have the differentials in the taxes. If the resolutions are approved, the City has the potential of losing $100,000 this year, which is significant as the 2005 budget is done. She urged the County Legislature not to pass the resolution and noted there is another opportunity to adopt this exemption in 2006, which would also allow more time to collect and discuss information as necessary. [Mr. Booth and Mr. Proto arrived at this time.] Presentation of Resolution RESOLUTION NO. 33 - PROVIDING AN EXEMPTION 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 PURSUANT TO THE AUTHORITY OF ARTICLE 29 OF THE TAX LAW OF THE STATE OF NEW YORK (Resolution Lost) MOVED by Mr. Penniman, seconded by Mr. Lane. Mr. Penniman asked if the resolution is approved what the impact on the County budget would be for 2005. Mr. Squires reported that the last time this information was reviewed, the potential loss was $1.1 million countywide. The estimated loss for the County is $700,000 for one year. Since the resolution, if adopted, would go into effect June 1st, the impact is approximately $350,000 this year. He would not recommend making any adjustments to the 2005 budget until the second quarter sales tax receipts were available; however, he believes it is possible the County would meet the budget estimate should the exemption be adopted. Mr. Lane reminded Legislators that the information Mr. Squires is referencing is dated 2002. Mr. Totrnan explained his change of position on this after talking with more people and feels that it is difficult to explain to the public that the County needs an income tax at the same time it adopts the proposed exemption on clothing and footwear. Ms. Robertson clarified that the income tax is a substitute to property tax. 71 March 1, 2005 Mr. Winch said he has supported the one-week exemptions in the past, but is not able to support this year-round exemption as he feels the loss of this revenue would be made up through the property tax. Mr. Booth feels some will consider this a tax reduction, but stated it is a shift and does not believe the Legislature should put this additional pressure on real property taxpayers. Ms. Kiefer agreed with Mr. Booth's comments and stated that there is also uncertainty at the State level of whether this will be approved or delayed. Mr. Todd also agreed with Mr. Booth's comments and said he will not support the resolution. Mr. Lane expressed concern with the process and commitments from several colleagues who said they would support this but now say they won't. He believes this exemption is a reduction in taxes and it is for those people who are buying items such as socks, shoes, sweatshirts, etc., at department stores that are trying to make the dollar go further. A roll call vote resulted as follows on the resolution: Ayes - 7 (Legislators Herrera, Koplinka- Loehr, Lane, McBean-Clairborne, Penniman, Robertson, and Schuler); Noes - 7 (Legislators Booth, Kiefer, Proto, Todd, Totman, Winch, and Joseph); Excused - 1 (Legislator Blanchard). RESOLUTION FAILED. WHEREAS, New York State Tax Law §1115(a)(30) provides for an exemption from sales and compensating use taxes on items of clothing and shoes that cost less than $110; in 2003 Tompkins County chose not to adopt this permanent exemption, but instead to participate in sales tax holidays; subsequently implementation of the permanent exemption was delayed by the State Legislature for one year and now becomes effective June 1, 2005, and WHEREAS, Tompkins County received notice that if Tompkins County wishes to join New York State in permanently removing its 4% total share of sales and use tax as of June 1, 2005, it must act to do so no later than March 1, 2005, and WHEREAS, if Tompkins County elects the exemption and the State changes the terms of the exemption such change in terms shall automatically be incorporated into the exemption provided by the county, now therefore Be it enacted by the Legislature of the County of Tompkins, as follows: SECTION 1. Section six of Resolution No. 256A of 1966, as amended, is amended by adding a new subdivision (h) to read as follows: (h) 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 shall also be exempt from sales and compensating use taxes imposed by this resolution, SECTION 2. This resolution shall take effect June 1, 2005, and shall apply in accordance with applicable transitional provisions of the New York Tax Law. SEQR ACTION: TYPE 11-20 Adjournment The meeting adjourned at 4:14 p.m. 72 March 1, 2005 Regular Meeting Public Hearing - Small Cities Community Development Block Grant Program Mr. Joseph called the public hearing to order at 5:30 p.m. concerning Tompkins County's submission of an application for funding under the Small Cities Community Development Block Grant program. Heather Filiberto of the Tompkins County Planning Department said the Legislature will consider a resolution this evening regarding the submission of the 2005 Small Cities Community Development Block Grant. This program was originally funded in 1993. This year they will be requesting a grant in the amount of $600,000 that will be used to assist 22 first-time homebuyers. Ms. Filiberto said since the program has been in existence there have been over 200 homebuyers assisted. She explained the criteria for application to the program and noted others, such as local lenders, also benefit from this program. Mr. Lane said Tompkins County was not successful in its grant application last year and asked what changes were made in the application this year. Ms. Filiberto explained the changes, e.g., this year assistance will be given as a grant, not a loan, and said she is confident that Tompkins County's current application will be more competitive this year. Ms. Robertson asked if this is one of the programs the President is proposing to be eliminated; Ms. Filiberto said it is one of several programs being folded into one program and as a result funding will be reduced. No member of the public wished to speak and the public hearing was closed at 5:36 p.m. Called to Order Mr. Joseph called the regular meeting to order at 5:36 p.m. Pledge of Allegiance to the Flag and Roll Call of Members Members and guests participated in the Pledge of Allegiance to the Flag. Present: 14 Legislators. Excused: 1 (Legislator Blanchard). Presentation of Proclamation Chair Joseph presented a proclamation to Legislator McBean-Clairborne declaring the month of March, 2005, as Women's History Month in Tompkins County. Mrs. McBean-Clairborne announced a celebration of women in Tompkins County will be held on March 29 and this proclamation will be read at that event. She said she will be seeking a permanent place to display the proclamation following the celebration. Privilege of the Floor by the Public No member of the public wished to speak. Privilege of the Floor by Legislators Mr. Proto, District No. 7 Legislator, said at the last meeting of this Legislature Mr. Lane raised a question with regard to sales tax on energy use. Following the meeting he was contacted by a constituent 73 March 1, 2005 who asked him to request that if this subject was being considered, that other products used for heating, such as wood, coal, and corn pellets, also be considered. Mr. Joseph said he made inquiries to State Legislators to see if they would allow Tompkins County to separate that tax and allow the County to charge sales tax on home heating fuel with the three percent tax but not on the additional one percent. As of this date, he has not received an answer. Ms. Robertson, District No. 13 Legislator, provided the Legislature with a HAVA (Help America Vote Act) update and said the Paper Ballot Optical Scanning is now on the radar as Albany moves closer to making a decision on this issue. She encouraged everyone to contact their State senator or assemblyperson to urge adoption of legislation that would require a voter -verified paper ballot. Ms. Robertson also quoted from a letter she received from New York State Senator Spano on this subject. Ms. Robertson announced the Environmental Management Council will be having a presentation on the health effects of open burning on March 9th at 7 p.m. at the Transit Facility. Ms. Herrera, District No. 5 Legislator, spoke of a series presented in the Ithaca Journal on Black History Month and said in the context of some of the things under discussion by this Legislature the article bears close examination. Ms. Herrera also spoke of the downtown Ciminelli project and said she was unhappy with the Ithaca Journal's portrayal of the situation as a union versus non-union issue and noted Haynor-Hoyt has had many labor violations in the past. She said she was pleased to see Michael Lane, Chair of the Industrial Development Agency, respond to this with a statement that this issue would be addressed. Mrs. McBean-Clairborne, District No. 2 Legislator, thanked the public for the outpouring of activities in support of Black History Month and reminded everyone that this history has not always been about something positive and that there are still many achievements that need to be made. Mr. Lane, District No. 14 Legislator, commended Mathew Cornell, a Dryden resident and United States Marine, who is serving in Iraq. Mr. Cornell recently saved the lives of two individuals who had been kidnapped by insurgents. Mr. Lane said Mathew's father, Bill, has served the County in various law enforcement positions. He also reiterated the danger that United States troops face in Iraq each day and how proud their country is of them. Mr. Todd, District No. 6 Legislator, spoke of today's snowstorm and said he hopes the saying "In like a lion, out like a lamb", will apply to the weather this month. Ms. Kiefer, District No. 10 Legislator, reported prior to recess (later in meeting) on an article that appeared in the New York Times with regard to medical care provided in jails. She said some jurisdictions privatize medical care in jails and said she found the contents of the article upsetting. She hopes that Tompkins County will not be tempted to privatize medical care in our local jail. Chairs Report and Appointments Mr. Joseph made the following statement: "Tompkins County is launching a renewed effort to assure that we have a diverse workforce and that we continually maintain an inclusive, welcoming workplace. As a leading employer, and one that is supported with public money, it is especially important that County government be a model for building a diverse and inclusive workforce. 74 March 1, 2005 "Because we hold these values so highly, it saddens me to report that last November an incident occurred in which one employee used racially abusive and threatening language toward another employee. "We also learned that similar, though less dramatic incidents had previously occurred. When the Legislature learned of this we were, of course, appalled and outraged. We alt wanted to know what was being done and what could be done to make it clear that this type of behavior will not be tolerated and to eliminate any perception that this is acceptable workplace behavior. We learned that County Administration, and our Personnel, and Human Rights Departments were already working to respond immediately to this and other similar incidents. These departments have continued, with the full support and encouragement of the Legislature, to examine the workplace culture and environment, to address standards of behavior, and to ensure that all of our employees, throughout the organization, feel safe and welcome where they work. "Because it was a personnel issue involving specific individuals, we could only discuss the particulars of the incident in executive session — but anyone closely following our public actions will have noticed a definite tension in the air as we dealt with our feelings and concerns about future hiring decisions. There are limits on what we can say publicly about individual personnel matters, but I want to apologize to anyone who felt constrained from speaking openly about systemic problems. "Diversity, inclusion, and fairness are issues that not only can, but must, be dealt with openly and publicly. The diversity of the County workforce should generally reflect that of the County's population, and although we have had an Affirmative Action Plan in place for years, we have not achieved our diversity goals. Our renewed effort was triggered by a racial incident that shocked us all, but diversity is about more than just race. It is about the inclusion of all people and the exclusion of none. The County should be seen as an exemplary employer where anyone would be happy to work because we offer a welcoming environment where everyone is treated with respect and dignity by supervisors and coworkers. Our recruitment and hiring practices should be, and be perceived as, open and fair and accessible to all members of our community. "To help us achieve this, I have asked Legislator Leslyn McBean-Clairborne to form a Workforce Diversity and Inclusion Committee made up of Legislators, county staff, and community members with a background and experience in this area. That committee held its first meeting last Friday. I have also appointed an internal Diversity Communications Team to help us stay coordinated as we tackle this important work. "The County's renewed awareness and sensitivity to diversity issues has already had an impact on our hiring process, and will have a larger impact as we move forward. As a budgetary control measure, the County has in place a committee review process for all positions that are filled. We have added to this process questions about opportunities and actions for diversity recruitment each time a position is brought forward. This is an interim step that will evolve as we learn more about methods for building a diverse workforce. "The charge to the Workforce Diversity and Inclusion Committee is to develop a practical and effective Workforce Diversity Plan and to guide the County in implementing that plan. The plan can only be effective if it is part of a collaborative and community -wide effort. I ask all of you to join me in being a part of this effort by making sure that we not only support diversity but that we understand why it is important. We're entering a phase of heightened awareness, education, and change that will be beneficial to every one of us, and that will strengthen County government and the communities we serve". Mr. Joseph reported on a NYSAC-sponsored Medicaid rally recently held in Elmira, New York, and stated it was one of the most organized NYSAC rallies he has attended. There were over 200 people in attendance, which included representation from 15 New York State counties and someone from each 75 March 1, 2005 county spoke. Mr. Joseph said two rallies will take place tomorrow; one will be in Syracuse and the other in Utica. Mrs. McBean-Clairborne stated the Workforce Diversity and Inclusion Committee is made up of a group of individuals who are extremely talented and knowledgeable in this arena. She said she is very appreciative of the amount of time they are putting into this effort. Mrs. McBean-Clairborne said anyone is welcome to attend meetings. The next meeting will be held on March 23 at 3 p.m. Report from the County Administrator Mr. Whicher reported on the Highway Manager position and stated it has been determined that the current job description is not a perfect match for what Tompkins County needs and a decision has been made not to move forward with this until the job description has been redefined. Report from the County Attorney Mr. Wood had no report. Report from the Finance Director Mr. Squires reported the County received a response on its February 24 bid offering at a rate of 3.856%. He said this is one of the lowest rates we have received on a straight bond; he had expected 4.25 percent. There was one bidder. He noted the purchaser of the bond chose to buy insurance for a cost of approximately $12,000, which raises his curiosity given the County's AA2 bond rating. He said only one other county in New York State has a bond rating higher than Tompkins County. He also reported the County sold $11 million in bond anticipation notes, at 2.42 percent; he had expected 2.5 percent. There were six bidders. Mr. Squires said one of the County's major tax delinquencies is attributed to a nursing home which may be moving to the liquidation stage of bankruptcy and he will keep the Legislature informed. Addition of Resolution(s) to the Agenda There were no resolution(s) added to the agenda. Withdrawal of Resolution(s) from the Agenda There were no resolution(s) withdrawn from the agenda. Approval of Resolution(s) Under the Consent Agenda It was MOVED by Mr. Proto, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present, to approve the following resolution(s) Under the Consent Agenda: RESOLUTION NO. 34 - AUTHORIZING SUBMITTAL OF 2005 SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM APPLICATION TO CONTINUE THE TOMPKINS COUNTY HOMEOWNERSHIP PROGRAM (VII) MOVED by Mr. Proto, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present, under the Consent Agenda. 76 March 1, 2005 WHEREAS, Tompkins County has completed a process of investigation in its community to determine community development needs for the current year, and WHEREAS, the Small Cities Community Development Block Grant (CDBG) program is an important source of funding to address community development objectives in the County, and WHEREAS, the Tompkins County Homeownership Program has been funded through six separate CDBG grants since 1993, and has proven to be very successful in meeting an important community development need in the County, now therefore be it RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee, That Tompkins County is hereby authorized to apply for funding in the 2005 round of Small Cities CDBG funding for the Tompkins County Homeownership Program (VII), RESOLVED, further, That the County Administrator or his designee be authorized to sign all documents related to the submission of the Small Cities CDBG application and any materials required by the Governor's Office for Small Cities. SEQR ACTION: TYPE 1I-20 RESOLUTION NO. 35 - AMENDMENT OF RESOLUTION NO. 269 OF 2004 - DELEGATION OF AUTHORITY TO AUTHORIZE CERTAIN TAX AND SOLID WASTE FEE REFUNDS UNDER $500 MOVED by Mr. Proto, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present, under the Consent Agenda. WHEREAS, the County Administrator is required to transmit reports of all the refunds processed on a monthly basis, and WHEREAS, the Budget and Capital Committee requests the reports be prepared on a quarterly basis rather than monthly, now therefore be it RESOLVED, on recommendation of the Budget and Capital Committee, That the County Administrator shall transmit on a quarterly basis a report of all the refunds processed to the appropriate program committee of the Legislature, RESOLVED, further, That this resolution shall only be in effect during the calendar year 2005. SEQR ACTION: TYPE 11-20 RESOLUTION NO. 36 - AUTHORIZATION OF NEW YORK STATE DEDICATED TRANSPORTATION TRUST FUND CAPITAL PROJECT SUPPLEMENTAL AGREEMENT #8 - TCAT MOVED by Mr. Proto, seconded by Mrs. McBean-Clairborne, 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 10 percent up to 100 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, Tompkins County serves as the applicant for New York State Department of Transportation funds on behalf of Tompkins Consolidated Area Transit, Inc. (TCAT) (County Resolution No. 281 of 2004), and WHEREAS, the New York State Department of Transportation has authorized Supplemental Agreement #8 for $135,397 in state funds to fund FY 2004 capital projects by TCAT, now therefore be it 77 March 1, 2005 RESOLVED, on recommendation of the Budget and Capital Committee, That the Tompkins County Legislature authorizes Supplemental Agreement #8 of the Master Agreement for New York State Dedicated Transportation Trust Funds in an amount not to exceed $135,397. SEQR ACTION: TYPE 11-20 RESOLUTION NO. 37 - AUTHORIZING ACCEPTANCE OF A FEDERAL AVIATION ADMINISTRATION (FAA) GRANT TO ACQUIRE FRICTION MEASURING EQUIPMENT; PERFORM AN ENVIRONMENTAL ASSESSMENT FOR OBSTRUCTION REMOVAL; AND PERFORM AN ENGINEERING DESIGN TO RELOCATE THE PARALLEL TAXIWAY (PHASE III) - ITHACA TOMPKINS REGIONAL AIRPORT MOVED by Mr. Proto, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present, under the Consent Agenda. WHEREAS, the Federal Aviation Administration (FAA) has made an offer to participate in the funding of the acquisition of friction measuring equipment, performing the environmental assessment for obstruction removal, and designing Phase III of the parallel taxiway relocation, and WHEREAS, these projects are part of the ongoing airport equipment upgrades and Master Plan improvements, and WHEREAS, the County has received a federal grant offer of $527,750 to accomplish these improvements, with the estimated costs being: FAA Share (95.0%) Account No. HT 5601.44592 NYSDOT Share ( 2.5%) Account No. HT 5601.43592 Local Share ( 2.5%) Account No. HT 5601.45031 Total • Friction Measuring Device - $ 45,000 • Environmental Assessment for Obstruction Removal $300,000 • Design of Parallel Taxiway Relocation (Phase III) $210,527 , now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the grant offer from the FAA of $527,750 be and hereby is accepted and that the County Administrator is authorized to execute the required documents. SEQR ACTION: TYPE 1I-20 $527,750.00 $ 13,888.00 $ 13,889.00 $555,527.00 RESOLUTION NO. 38 AUTHORIZATION TO ENTER INTO A CONTRACT WITH JOHNSON CONTROLS, INC., FOR PROFESSIONAL SERVICES - ENERGY PERFORMANCE CONTRACT — ENERGY IMPROVEMENTS FOR COUNTY BUILDINGS MOVED by Mr. Proto, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present, under the Consent Agenda. WHEREAS, the County of Tompkins has approved a 2005 Capital Project for energy efficiency improvements to County buildings, and WHEREAS, on August 6, 2002, the Tompkins County Legislature adopted Resolution No. 191 establishing the following reduction target: Tompkins County will, by 2008, reduce its emissions of greenhouse gases generated by county operations by 20 percent compared to its base year of 1998, and WHEREAS, the Facilities Division has worked with Johnson Controls, Inc. of Syracuse, NY, during early 2004 to perform a preliminary assessment of all County buildings with the purpose of 78 March 1, 2005 identifying energy conservation measures aimed at reducing energy consumption and greenhouse gas emissions, and WHEREAS, on May 11, 2004, the Facilities and Infrastructure Committee authorized moving forward with Johnson Controls, Inc., to perform a detailed energy study and executed a Project Development Agreement on July 8, 2004, and WHEREAS, Johnson Controls, Inc., has completed a detailed energy study and presented a Scope of Work and Services schedule for the implementation of various energy improvement measures in many County buildings that will result in guaranteed energy savings, and WHEREAS, the original capital project was estimated at $3.5 million and now after completion of the detailed study phase the current project cost is $2.27 million, (which includes $10,000 in County costs) now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the scope of work and services as reflected in the Energy Performance Contract agreement dated February 9, 2005, that will allow the project to move forward expeditiously and remain within budgetary limits is hereby accepted, RESOLVED, further, That the Tompkins County Administrator is authorized to execute a contract between Johnson Controls, Inc., and Tompkins County in the amount of $2.26 million dollars to perform the services identified in the Energy Performance Contract agreement and to execute change orders of up to five (5) percent of the contract total, RESOLVED, further, That the Facilities Division be authorized to implement this contract on behalf of the County, funds being available in Capital Account No. HB 1601.16.28. SEQR ACTION: TYPE 11-20 Approval of Appointment(s) Under the Consent Agenda It was Moved by Mr. Proto, seconded by Mrs. McBean-Clairborne, arid unanimously adopted by voice vote by members present, to approve the following appointment(s) under the Consent Agenda: Library Board of Trustees Leonardo Vargas -Mendez - term expires December 31, 2005 Gary Ferguson - term expires December 31, 2007 Nathan Fawcett - term expires December 31, 2007 Report from the Planning, Development and Environmental Quality Committee Ms. Herrera, Chair, reported the Committee will meet tomorrow at 2:30 p.m. At that meeting the Committee will discuss funding for the Small Cities Community Development Block Grant Program and will hear a report from the Environmental Management Council on open burning. Other items on the agenda include discussion of the Planning Department's 2005 Work Plan and a report from the Agricultural and Farmland Protection Board on adding parcels to Agricultural Districts one and two. Ms. Herrera announced a special Committee meeting will be held on April 13. Report from the Budget and Capital Committee Mr. Koplinka-Loehr, Chair, reported the Committee met on February 22 and considered requests to fill positions; some were approved and some were postponed to the next meeting. The Committee reviewed 2005 goals and also reviewed a draft document about what kinds of questions should be communicated to department heads about diversity. Mr. Koplinka-Loehr announced the tentative date for the Budget Retreat is April 28th from 6 p.m. to 9 p.m. in the 6th floor conference room of the Mental Health Services Building. 79 March 1, 2005 Mr. Proto announced Joe Turcotte has been named the new General Manager of TCAT, Inc., and he begins employment today. Report on the Strategic Planning Process Mr. Koplinka-Loehr, Chair, reported this Friday Legislators will have folders in mailboxes containing a summary of all meetings and suggestions about key directions for the next three to five years. Report from the Government Operations Committee Mr. Lane, Chair, reported the Committee met on February 16 and heard from Janet Steiner, Public Library Director, about the Library's efforts to survey its customer base and look at the services being provided. Mr. Lane said the Library is also pursing an effort to obtain additional funding, and that there is no question that the resources Tompkins County has been able to provide to the Library over the last three years have been restricted. The Library will now be looking at going on the school district ballots for the Ithaca City School District and Lansing School District where the majority of their customers are located. The Library would then only receive funding if the voters in those districts approve. He said the Library will also be asking that if they do receive additional funding that the County commit to not cutting any existing funding. The Committee also spent time discussing assessment and possible exemptions that might exist that people are not taking advantage of and whether unreimbursed medical expenses should be considered when doing calculations for senior citizens exemptions. The County Attorney was asked to come to the next meeting with proposals for the Committee to consider. The next meeting will be March 8th; items that will be discussed include the financial disclosure forms and the Code of Ethics. Report from the Public Safety Committee Mrs. McBean-Clairborne, Chair, reported the Committee will meet on March 3 at 2 p.m. Report from the Facilities and Infrastructure Committee Mr. Penniman, Chair, reported the Committee met on February 17 and received a report on the open -burning issue and also heard a report from the Air Services Committee that was created this year. There was also discussion about highway accident data and best ways to collect and use information about critical areas of the County. Report from the Space Needs and Location Committee Mr. Proto, Chair, reported the Committee met on February 23 with various department heads to clear up some miscommunication that existed. At this time the Committee is waiting for written reports and comments on the status of the plan. The next meeting will be held on March 9 at the Human Services Building; a tour will be conducted at 1:30 p.m. with the meeting to begin at 2:30 p.m. He said the second half of the meeting was dedicated to discussion of the Health Department and a review of potential sites to study in more depth. Mr. Proto said the Committee reduced the number of sites to two new sites plus the present site. He expects the Committee's report to be completed in June. Ms. Robertson asked that written comments and actions of the Plan be sent to all Legislators. Report from the Health_ and Human Services Committee 80 March 1, 2005 Ms. Robertson, Chair, reported the Committee has not met since the last Legislature meeting. The next meeting will be tomorrow at 10 a.m. At that meeting the Committee will hear a report from Lisa Horn of the United Way and will also hear from departments on State and Federal budget impacts. Recess Mr. Joseph declared recess from 6:35 p.m. to 6:40 p.m. Executive Session It was MOVED by Mr. Penniman, seconded by Ms. Robertson, and unanimously adopted by voice vote by members present, to enter into executive session at 6:40 p.m. to discuss a personnel matter. The meeting returned to open session at 7:45 p.m. Adjournment On motion the meeting adjourned at 7:45 p.m. 81 March 15, 2005 Regular Meeting Public Hearing - Concerning the Addition of Parcels to Agricultural Districts No. 1 (East side of Cayuga Lake) and No. 2 (West Side of Cayuga Lake) Mr. Joseph called the public hearing to order at 5:30 p.m. No one wished to speak and the public hearing was closed 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 (Ms. Blanchard arrived at 5:45 p.m.). Excused: 1 (Legislator Totman). Privilege of the Floor by the Public No member of the public wished to speak. Privilege of the Floor by Legislators Mr. Winch, District No. 8 Legislator, made the following statement: "My friends in TV land and my colleagues on the Legislature "March, the third month of the year, has many slogans that usher it in, move through the month and usher it out. Weathermen say ``sometimes it comes in like a lion, and goes out (hopefully) like a Iamb". After a long and sometimes grueling basketball season, you hear about championships: ``The Sweet 16", "The Final Four" and ultimately ``The Big Dance". "Many of you have followed the Newfield Basketball Team in the Ithaca Journal. Hopefully many of you in TV land have seen the IAC, a league of rural school districts compete this season with high hopes of moving on to playoffs at the end of the season, and ultimately to end up in Glens Falls. "Newfield's Coach Duane Barrett took his Varsity Team to Glens Falls to compete for the Class D state championship. Although they did not win the State Championship, there are no losers in Glens Falls. It is a real honor to make it to Glens Falls and Newfield did it, ending their season with 22 wins and 3 losses. As a point of information, Coach Barrett was on the 1986 team that was the first IAC team to make it to Glens Falls in any class size for the final game. Newfield may be a Class D in size, but they are Class A in action and in Town of Newfield support. 1 wish to thank all of the IAC schools that supported their league and Newfield as well. "My goal tonight is to tell you a little more about the team and how programs cross over to other programs at Newfield School. The team is comprised of 4 seniors, 8 juniors and 4 sophomores. Sometimes a few sophomores move up during end -of -the -year playoffs. "Of the four seniors, three have college acceptances with more pending as it is early for that process. One senior spent two weeks in a Costa Rican Immersion Program, using his Spanish language skills and experiencing the culture and life in Costa Rica, living with a Costa Rican family. "More about the team.....at one point in time there were eight players on the Honor Roll, but that slipped to five somewhat due to the pressures of the playoffs. Other honors: one player was Student of the Month; one player placed second in a Chemung County History Competition and will move on to a statewide competition. There are four players that are members of the National Honor Society and three players are members of the Student Council. 82 March 15, 2005 "Involvement in Arts Programs: I found that four players are in an upcoming musical '`The Wizard of Oz", and eight players are in chorus or band. "In a small rural school such as Newfield, there are several mentoring programs. Perhaps you saw photos in the Journal of the Varsity Team working with elementary school basketball players teaching them basic skills of the game. There are other mentoring programs where high school students work with elementary school children on their academic and arts programs.. The young look up to the high school students, and hopefully the high school students see what it is like to be a teacher — maybe a future goal. "In Newfield we have a Fine Arts Booster Club that assists with funding of those programs. The Newfield Athletic Booster Club works with the Administration to fund several programs. It is my understanding that they funded the use of a coach -type bus to transport the players and cheerleaders to Glens Falls. They also helped with the cost of rooms and some meals. One of their goals is to anonymously pay for personal athletic equipment for under privileged youth. "All of these programs take many adult volunteers, many money -making events and a very supportive community. That is Newfield. "In summary, thank you Coach Barrett and the Newfield Boys" Basketball Team for the exciting season. "Also I wish to thank Sue France, High School Principal, for helping me collect the data that I used tonight." Mr. Lane, District No. 14 Legislator, spoke of the recent lawsuit filed by the Onondaga Nation vs. New York State. He reported they are asking for a declaration that a large portion of land in the State belongs to the nation, not the present landowners. Three towns in Tompkins County would be affected: Dryden, Caroline, and Groton. He noted all Legislators received letters notifying them of the intent of the Onondaga Nation, making reference to the unsuccessful negotiations with the State and concerns of environmental degradation. Mr. Lane said while concern for the environment is laudable this situation creates a hardship on property owners due to clouded titles, difficulty in selling properties, and the requirement of additional title insurance which could add hundreds of dollars. Mr. Lane hopes the lawsuit is a negotiation strategy to obtain what is outlined in the letter, the clean up of Onondaga Lake. In addition, Mr. Lane spoke of his concern of purchases of land by Native Americans that then become part of the reservations and would not be subject to zoning or taxation. He asked that the County Attorney review this matter and advise the Legislature of the potential outcomes. Mrs. McBean-Clairborne, District No. 2 Legislator, spoke of the Sisterhood event on March 29th at the Women's Community Building to celebrate Women's History Month. Numerous organizations have come together to plan the event to celebrate that will include lunch and a variety of performances. [Ms. Blanchard arrived at this time. ] Ms. Robertson, District No. 13 Legislator, spoke of United States Senator Schumer's website that provides a comparison of Social Security benefits as they currently are versus the Presidential proposal. She also reported on the recent Bioterrorism report presented at the Health and Human Services Committee, noting the website www.tompkins-co.org/tompkinsready site provides a wealth of information for families on emergency preparedness. Ms. Robertson said in the first six weeks of the TompkinsRx program a total savings of $16,900 on 1,100 prescriptions has occurred. Ms. Schuler, District No. 4 Legislator, said we are fortunate to have a number of theatre producing venues in Tompkins County. The current play at the Kitchen Theatre is the "Siringa Tree" a one women show playing 26 characters age 6-86. It takes place in South Africa during the 1960's. She 83 March 15, 2005 then reported the Campus Community Coalition has initiated the campaign "Think before you Drop Trash on the Street". Mr. Koplinka-Loehr, District No. 11 Legislator, announced the Offender Aid and Restoration Annual meeting will be held on April 11th. There are many events that have been coordinated for that day that will include a visit by Judge Kruger from New York City. Early in the day there will be an Integrated Domestic Violence Court meeting, followed by a Magistrates Association meeting, and the OAR annual meeting will take place in the evening. He said he hopes all Legislators will participate and will place a copy of the schedule in all mailboxes. Ms. Kiefer, District No. 10 Legislator, provided the Legislature with an update on hazards of mercury and reported that today the Environmental Protection Agency announced the United States is going to reduce emissions of mercury in power plant emissions. She said this appears to be good news; however, it accomplishes much less than would happen if the Clean Air Act that is already on the books was implemented. She also stated that once again the United States is refusing to join the international community in a worldwide initiative to reduce mercury. Ms. Robertson, District No. 13 Legislator, announced a program featuring a panel discussion and small group workshops that will focus on the 2005 New York State budget will be held on March 20th at the Unitarian Church. The program is entitled "Who Pays, Who Profits". Report from Municipal Official(s) Hon. Donald Barber, Town of Caroline Supervisor, spoke concerning the resolution entitled Authorizing the County Administrator to Enter into an Agreement for Legal, Environmental Impact Statement and State Environmental Quality Review Compliance Services for the Public Safety Communication System Capital Project. He reminded the Legislature that there are already two siting processes going on for communication towers; one in the Town of Lansing and the other in the Town of Ithaca. Mr. Barber spoke of the process of involving municipalities in the communication towers siting process. He said he received a letter from Chair Joseph in June 2003 in which Mr. Joseph stated he was committed to searching for mutually acceptable solutions to specific problems and issues instead of engaging in struggles over who has the final authority. Mr. Barber said he, too, is committed to the process defined in the Town's Local Law No. 2 of 1998 for the siting of towers and he is also committed to creation of the County's communication system. He said the success of this depends on regular and open communication. Mr. Barber stated to date, he has only had cursory overviews of the proposed system and no one has come to the Town of Caroline to specifically talk about the County's proposal. He said this lack of communication will lead to misunderstanding, bad feelings, and possible litigation. He said the County has already been siting a tower in the Town of Lansing and is also working on one in the Town of Ithaca and from he understands it is going very smoothly. Mr. Barber urged the Legislature to work with the municipalities and to have open communication on this and other issues. He suggested that town supervisors or highway superintendents be invited to meetings, receive advance notice of what the agenda topics will be, and that dialogue be kept open. Mr. Whicher, County Administrator, said the County has not approached any of the towns at this point because only a theoretical design exists and not a specific proposal from Motorola. He said the County is in the process of developing a preferred alternative. Mr. Barber questioned why the County is performing an Environmental Impact Study on a theory. Mr. Joseph clarified that the resolution only appropriates money to do the study because the County will have to do it once specific sites are identified. Mr. Barber asked why the County does not 84 March 15, 2005 communicate with the towns before entering into a contract in case there may be ways to reduce expenses. Mr. Whicher said the County can have discussions with municipalities; however, if the towns are proposing to be the Lead Agency, the County couldn't allow that due to legal implications. He agreed that the process used in the Village of Lansing and the Town of Ithaca did work exceptionally well and was a very good experience for everyone involved in government. Mr. Whicher said this is one of the largest and most important projects the County has worked on and needs to have all information, including what the preferred alternative is before discussions begin. Mr. Barber reiterated that the towns are ready and willing to speak to the County. Ms. Robertson spoke of the County -initiated intermunicipal meetings that have taken place for approximately a year and at which all municipal leaders are invited to discuss a number of issues. She said at the last meeting a subcommittee was established to discuss road patrol and asked if Mr. Barber knew the status of those meetings. Mr. Barber responded that the group is meeting; however, there are other projects, such as highway projects, where more communication is needed. Ms. Robertson said all agendas and minutes are available through the Clerk of the Legislature in advance of the meeting. Hon. Catherine Valentino, Ithaca Town Supervisor, spoke of the communications project and said all municipalities are anxious to see the project reach completion. They feel this project is extremely important to the community and municipal leaders are willing to work with the County to see that the project gets expedited in a timely and cost-effective manner. She spoke of the proposal being considered by this Legislature to hire a consultant and said she feels that may be premature. She said the sites in the Town of Ithaca and Village of Lansing are done and went very smoothly and there are four that are rebuilds and another four sites that have to be given additional thought. She said it is her understanding that the County did a positive declaration on this, which means the full environmental review has to be done. Ms. Valentino suggested that the following questions be asked: was a determination made as to where the environmentally sensitive areas are, what is the County's vision for what possible mediation might be for those sites, and how much of the technology on the project is actually done. If the County moves forward from there she would then ask how much of the work can the County's professional Planning staff do to save money and could the County work with the municipalities to reduce those costs. She said she has spoken to the Town of Ithaca's Planning staff who has experience performing environmental reviews, and they would be willing to work together at no cost to the County. She distributed information on the Town of Ithaca's experience with this process. Ms. Valentino also spoke regarding a proposal on the agenda to expend funds for negotiations training with the Cornell University Labor and Industrial Relations School and asked that the Legislature reconsider spending these funds on this. She said she has experience working with that School and would be willing to share information relating to her experience. Mr. Proto addressed the comments pertaining to open communication and said most Legislators attend at least one town board meeting each month. He said communication needs to be a two-way street and suggested that County staff use Legislators to communicate with municipalities. He said it is also incumbent for supervisors to communicate with their Legislators as well. Mr. Proto challenged Chair Joseph to maintain open communication with all municipalities. Mr. Whicher clarified that the project under discussion is a communications project and should not be referred to as a towers project. Presentation of Resolution by the Public Safety Committee RESOLUTION NO. 39 - IN RECOGNITION OF KIRK MUDGE AND MONRO 85 March 15, 2005 MOVED by Mrs. McBean-Clairborne, seconded by Mr. Proto, and unanimously adopted by voice vote by members present. WHEREAS, Kirk Mudge, Store Manager for Monro Muffler/Brake & Service, supports efforts to curb drinking and driving, and WHEREAS, Kirk Mudge and Monro Muffler/Brake & Service donated coupon booklets, valued at over $250 in savings, and sold these coupons at store locations in Ithaca, Lansing, and Cortland, and WHEREAS, one hundred percent of the proceeds of the sales of the coupon booklets benefited the Tompkins County STOP -DWI Program, and WHEREAS, this fundraising program resulted in $600 in donations to the Tompkins County STOP -DWI Program, and WHEREAS, the STOP -DWI Advisory Board adopted a similar resolution of recognition, now therefore be it RESOLVED, on recommendation of the Pubic Safety Committee, That Tompkins County commends Kirk Mudge and Monro Muffler/Brake & Service for their support of the STOP -DWI Program. SEQR ACTION: TYPE II -20 Chair's Report and Appointment(s) Mr. Joseph said all Legislators should have received a letter regarding the land claims by the Onondaga Nation in which it was stated they would like to send a representative to meet with each community. Mr. Joseph said he will be following-up on this and will arrange a forum for a representative from the Onondaga Nation to talk to community members. Mr. Proto said each Legislator received a printout of the land claim and asked if it would be possible to have a meeting in each of the affected townships? Mr. Joseph said he will consider it, but cannot commit them to attend several separate meetings. Appointment Mr. Joseph made the following appointment: Workforce Investment Board Diane Rogers - Business representative; term expires June 30, 2007 Distinguished Youth Award Mr. Joseph announced that the Distinguished Youth Award presentation was planned for this evening; however, Mr. Totman became ill earlier this evening and had to be excused. He said public announcements of the award will be heard; however, the actual presentation will take place at the next meeting. Report from the County Administrator Mr. Whicher reported a Cornell intern will begin on March 29th and will be working with Administration on the budget process. Mr. Whicher said there will be an office reconfiguration taking place in the Old Jail as an agreement has been reached between County Administration and the County Attorney's Office to exchange space. He also reported on the State Budget process and said it appears close to being adopted. Report from the County Attorney 86 March 15, 2005 Mr. Wood said a few months ago this Legislature authorized him to retain an attorney to bring an action against drug companies on a Medicaid fraud claim. He is currently reviewing the complaint and expects it to be filed in the near future. He also provided the Legislature with a status report on the Lakeside Nursing bankruptcy case. A motion has been made by an administrator to determine the exact amount of owed taxes, which the County claims is $700,000. A second motion by a different creditor has been made to force liquidation of the Lakeside Nursing Home. He said these matters raise issues in terms of what the County would get paid and what would happen to the residents. Report from the Finance Director Mr. Squires reported on a bankruptcy case in the Town of Enfield for the Willowwood property. This property has been protected by bankruptcy since 1992 and was recently discharged. He said the property was liquidated and the County received $88,000. Approval of Resolution(s) Under the Consent Agenda It was MOVED by Mr. Booth, seconded by Ms. Blanchard, and unanimously adopted by voice vote by members present, to approve the following resolution(s) under the Consent Agenda: RESOLUTION NO. 40 - URGING UNITED STATES SENATORS AND REPRESENTATIVES TO RESTORE COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING TO THE 2006 FEDERAL BUDGET MOVED by Mr. Booth, seconded by Ms. Blanchard, and unanimously adopted by voice vote by members present, under the Consent Agenda. WHEREAS, President Bush is seeking the most sweeping reorganization of federal economic and community development programs in more than three decades, along with substantial cuts in program funding, and WHEREAS, President Bush's proposal, the "Strengthening America's Communities Initiative," would consolidate eighteen existing programs from across five Cabinet departments into a single program, to be administered by the Department of Commerce, and WHEREAS, in fiscal 2005, these programs received more than $5.66 billion in funding and the president is asking for $3.71 billion for fiscal 2006 for the new consolidated program, some 34.5 percent less than existing funding levels, and WHEREAS, Housing and Urban Development's (HUD) Community Development Block Grant (CDBG) program would be the largest program consolidated into the president's new community development initiative, and WHEREAS, the budget does request $3.71 billion for the new "Strengthening America's Communities Initiative," which would be administered by the Department of Commerce, but this figure includes consolidation of CDBG and seventeen other programs, and WHEREAS, the budget also suggests that the CDBG program target resources only to communities that need assistance based on poverty, job loss, and unemployment, and WHEREAS, depending on how those factors are applied to determine eligibility, New York State could lose significant amounts of Federal funding under this new plan, and WHEREAS, since 1991 Tompkins County has received over $10,130,000 in CDBG funding for housing rehabilitation, first-time homebuyer, and economic development projects, and WHEREAS, since 1993, Tompkins County has used $3.9 million in CDBG funds and leveraged $10.5 million from local lenders to assist two -hundred first-time homebuyers. and WHEREAS, single family home prices have increased dramatically in the last four years, while family incomes have not nearly kept pace with the increase, making affordable housing an urgent and growing need, and WHEREAS, Tompkins County would not be able to continue this much needed program if CDBG funding were cut, now therefore be it 87 March 15, 2005 RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the Tompkins County Legislature urges United States Senate and Congressional representatives to restore community -development -block -grant funding at 2004 annual levels to the 2006 Federal budget, RESOLVED, further, That the CDBG program should continue to be administered by the United States Department of Housing and Urban Development. SEQR ACTION: TYPE II -20 RESOLUTION NO. 41 - ADDING PARCELS TO AGRICULTURAL DISTRICTS NO. 1 (EAST SIDE OF CAYUGA LAKE) AND NO. 2 (WEST SIDE OF CAYUGA LAKE) MOVED by Mr. Booth, seconded by Ms. Blanchard, and unanimously adopted by voice vote by members present, under the Consent Agenda. WHEREAS, Resolution No. 25 of 2004 designated November as an annual review period when landowner proposals for inclusion of viable agricultural lands within existing certified agricultural districts will be accepted for review and action by the Tompkins County Legislature, and WHEREAS, nine landowners have requested addition of parcels totaling 409.53 acres to Tompkins County Agricultural District 1 and one landowner has requested addition of parcels totaling 5.63 acres to Tompkins County Agricultural District 2, and WHEREAS, these requests have been reviewed and recommended for approval by the Agricultural and Farmland Protection Board and the Planning Advisory Board, and WHEREAS, the County Legislature held the required public hearing on such proposals on March 15, 2005, and WHEREAS, the County Legislature is required to act on such proposals within 120 days under New York State Agriculture District Law, now therefore be it RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee, That approval is granted for the requested additions to the Agriculture Districts of Tompkins County, as specified in the Explanatory Note below. SEQR. ACTION: TYPE II -20 Explanatory Note: New total acreage of District 1: 102,219 acres New total acreage of District 2: 65,594 acres Owners of these parcels have requested they be added to the Ag Districts: Town SWSS Parcel Acres Agricultural District Caroline 502000 18.-1-52.2 68.53 1 502000 29.-1-13.52 4.02 1 Dryden 502489 51.-1-20.52 92.83 1 502489 65.-1-1.2 32.67 1 502489 49.-1-23 .72 1 502489 49.-1-25.3 5.99 1 502489 40.-1-3.32 24.33 1 502489 44.-1-3.42 37.78 1 502489 31.-1-10 15.66 1 502489 39.-1-23 21.00 1 Lansing Vill 503201 42.1.-1-21 18.14 1 Lansing 503289 42.-1-21 87.86 1 Ithaca 503089 33.-1-7.1 2.53 2 503089 33.-1-6 3.10 2 88 March 15, 2005 RESOLUTION NO. 42 - AMENDMENT OF RESOLUTION NO. 259 OF 2004 - DELEGATION OF AUTHORITY TO AUTHORIZE CERTAIN TAX ROLL CORRECTIONS AND TAX REFUNDS UNDER $2500 MOVED by Mr. Booth, seconded by Ms. Blanchard, and unanimously adopted by voice vote by members present, under the Consent Agenda. WHEREAS, the County Administrator is required to transmit reports of all corrections and refunds processed on a monthly basis, and WHEREAS, the Government Operations Committee requests the reports be prepared on a quarterly basis rather than monthly, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the County Administrator shall transmit a report on a quarterly basis of all the corrections and refunds processed to the appropriate program committee of the Legislature, RESOLVED, further, That this resolution shall only be in effect during the calendar year 2005. SEQR ACTION: TYPE II -20 RESOLUTION NO. 43 - AUTHORIZATION TO ACCEPT AN AWARD OF A GRANT FROM THE NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES MOVED by Mr. Booth, seconded by Ms. Blanchard, and unanimously adopted by voice vote by members present, 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 $35,600 and referred to as the STOP grant, and WHEREAS, the STOP grant represents a collaborative effort between Tompkins County, Cayuga Medical Center, The Advocacy Center of Tompkins County, and Cornell University Police Department, and will fund the Sexual Assault Nurse Examiner (SANE) program, Self -Defense Training, and a lock - change program for victims of domestic violence and sexual assault, now therefore be it RESOLVED, on recommendation of the Public Safety Committee, That the County Administrator or his designee execute all contracts related to this award, RESOLVED, further, That the Director of Finance is directed to make the following adjustments to his books for 2005: BUDGET ADJUSTMENT Revenue A3994.43389 State Aid $35,600 Appropriation A3994.51000754 Administrative Service Coordinator $ 4,000 A3994.58800 Fringes $ 1,560 A3994.54442 Professional Services $30,040 SEQR ACTION: TYPE 1I-20 Approval of Appointment(s) Under the Consent Agenda It was MOVED by Mr. Booth, seconded by Ms. Blanchard, and unanimously adopted by voice vote by members present, to approve the following appointment(s) under the Consent Agenda: Criminal Justice Advisory/Alternatives to Incarceration Board Martha Robertson - County Legislator — term expires December 31, 2006 STOP -DWI Advisory Board 89 March 15, 2005 Sonja Seamon - Restaurant, Tavern and Hotel Owner's Association; term expires December 31, 2007 Agricultural and Farmland Protection Board Richard A. Ehrhardt - Farmer Representative; term expires December 31, 2008 Strategic Tourism Planning Board Ramsey Brous - Restaurant Representative; term expires December 31, 2007 Fish and Wildlife Management Board Duane T. Randall II - Sportsman Representative; term expires December 31, 2005 Addition of Resolution(s) to the Agenda It was MOVED by Ms. Herrera, seconded by Ms. Schuler, to add the resolution to the agenda entitled Expanding Existing Process for Approving Position Requests by Departments. Ms. Herrera said near the end of last year's budget process there were some events that led to many discussions by Legislators in executive session. She believes this body has done a good job of addressing the situation and is now making efforts to communicate this Legislature's decision. She spoke of the process of diversity and spoke of her personal experience of being from a Mexican -American family that moved into an all -white neighborhood in the 1950's. Although her family can find humor in the situation today, there were some people who had difficulty with this and described the situation as integration. She said during her years growing up she encountered a different kind of need for inclusion when she discovered she was gay. At that time, being gay was neither talked about nor welcomed and there were some people who were vocal about their feelings. Although she was not always welcomed, she credits the resiliency of character she was given by her family, friends, and her faith that allowed her to manage to thrive in situations where she wasn't overtly welcomed. Ms. Herrera feels as a Legislature, it is incumbent that this body carries forward a spirit of inclusion in everything the County does. She said this Legislature has learned there is a Tess -than - inclusive environment in Tompkins County government, with at least one incident known to have occurred. She said it is her intention as a Legislator to set policy and to understand that it is Administration's responsibility to implement that. She said this resolution is being brought forward this evening with the greatest respect for County Administration, department heads, and employees of Tompkins County, and she hopes it will receive support and enthusiasm by the entire Legislature. Mrs. McBean-Clairborne stated she has distributed a substitute resolution and asked for guidance from the Chair on proper protocol. Mr. Joseph said once the resolution is added to the agenda and placed on the floor for discussion a substitute resolution could then be offered. Mr. Booth said he cannot support adoption of this resolution because he feels there are policy and process issues that need to be addressed. He also said there needs to be input from County department heads. A voice vote on the motion to add this resolution to the agenda resulted as follows: Ayes — 13, Noes — 1 (Legislator Booth), Excused — 1 (Legislator Totman). MOTION CARRIED. Withdrawal of Resolution(s) from the Agenda Chair Joseph gave the appropriate committee chair permission to withdraw from the agenda the resolution entitled "Authorizing the County Administrator to Enter into an Agreement for Legal, Environmental Impact Statement and State Environmental Quality Review Compliance Services for the Public Safety Communication System Capital Project". The resolution entitled Expanding Existing Process for Approving Position Requests by Departments was withdrawn later in the meeting. 90 March 15, 2005 Presentation of Individual Member -Filed Resolution(s) RESOLUTION NO. — EXPANDING EXISTING PROCESS FOR APPROVING POSITION REQUESTS BY DEPARTMENTS MOVED by Ms. Herrera, seconded by Ms. Robertson. Mrs. McBean-Clairborne said she has prepared a substitute resolution which reflects comments made by Department Heads. Ms. Herrera not only accepted the substitute resolution as being friendly, but stated she fully endorses the revised wording. Many members of the Legislature expressed concern over the resolution language and the need for additional information and revision prior to adoption. Following a lengthy discussion, it was agreed that there is still committee work to be done and the resolution was WITHDRAWN. Report and Presentation of Resolution(s) from Planning, Development and Environmental Quality Committee Ms. Herrera, Chair, reported the Committee met on March 3 and discussed many of the resolutions that appeared on the agenda this evening. The Committee received a presentation from Fred Bonn of the Convention and Visitor's Bureau. She said Tompkins County is a major tourism destination and there is a lot of good work being done. The Committee also received a presentation from the Environmental Management Council on open burning. Mr. Proto announced all Legislators are invited to the "Agstravaganza" to be held on March 26th at the Pyramid Mall. Ms. Herrera reported the Committee also received an update from Ed Marx, Planning Commissioner, on the latest developments with the Department of Transportation relocation project. Mr. Marx said in August 2003, the County signed a Memorandum of Understanding with New York State Department of Transportation regarding the process for relocating the maintenance facility from Ithaca to a site in the Village of Dryden. Since that time they have been waiting for a response from the attorneys for the DOT regarding the option of using a public development corporation to undertake that project on behalf of the DOT. Mr. Marx said a response was received last week stating that as a result of the Comptroller's opinion and other public bidding requirements to do this project, it did not appear to be feasible, so it will now be undertaken by the Department of Transportation. As a result of that they will be assigning an option the County had acquired on the property to the State for them to proceed with acquisition to move the project forward. RESOLUTION NO. 44 - SUPPORT FOR 2005 QUALITY COMMUNITIES PROGRAM GRANT APPLICATION AND DESIGNATION OF REPRESENTATIVE MOVED by Ms. Herrera, seconded by Mr. Lane. Mr. Proto said this resolution gives the impression that it deals with State forest lands and while some of it does deal with State forest lands, a portion deals with privately held lands. He asked if Mr. Marx could explain what process will be used to communicate with the public in these three towns and, specifically, with the landowners whose land might be identified as areas involved in the study. Mr. Marx said a large portion of the project that was submitted for grant application dealt with public outreach and communication process that involved landowners. A voice vote resulted as follows: Ayes - 14, Noes - 0, Excused - 1 (Legislator Totman). RESOLUTION ADOPTED. WHEREAS, the New York State Department of State administers a grant program to enhance the opportunities and incentives for innovative community planning and development of implementation tools and strategies that link environmental protection, economic prosperity, and community well-being, and 91 March 15, 2005 WHEREAS, Tompkins County and the Towns of Danby, Caroline, and Dryden are proposing to develop a detailed management and protection plan for the 40,000 -acre Forest Lands Focus Area, and WHEREAS, preparation of a Forest Lands Focus Area plan is consistent with the Tompkins County Comprehensive Plan, which calls for establishing an open -space program to preserve natural resources and recreational amenities in the focus areas identified in the Comprehensive Plan, and WHEREAS, this project proposal was initiated by the Towns of Danby and, Caroline, and Dryden expressed interest in this inter -municipal project to address environmental, recreational, and resource management issues that cross municipal boundaries, and WHEREAS, the Tompkins County Comprehensive Plan calls for Tompkins County to work proactively with towns to cooperatively address regional issues such as natural resources, and WHEREAS, Tompkins County will be the lead applicant and the Towns of Danby, Caroline, and Dryden will be co -applicants for this grant program, and WHEREAS, in order to be eligible for this grant program, the applicant must submit formal resolutions of the governing bodies designating by title the representatives authorized to act on behalf of that body in all matters related to this financial assistance, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That Tompkins County supports the application for 2005 Quality Communities Program Grant funds to prepare the Forest Land Focus Area conservation and protection plan, RESOLVED, further, That the County Administrator or his designee shall act on behalf of Tompkins County in all matters relating to this financial assistance. SEQR ACTION: TYPE II -21 RESOLUTION NO. 45 - APPROVAL OF CONTRACT FOR ARTS AND CULTURE STABILIZATION - COMMUNITY ARTS PARTNERSHIP MOVED by Ms. Herrera, seconded by Ms. Schuler. Ms. Robertson disclosed that she is working with Historic History on fundraising; therefore, would like to abstain from voting on this resolution. A voice vote resulted as follows: Ayes - 13, Noes - 0, Abstentions - 1 (Legislator Robertson), Excused - 1 (Legislator Totman). RESOLUTION ADOPTED. WHEREAS, Community Arts Partnership (CAP) recognizes that the local arts and cultural community is a valuable and unique asset, and that a need exists to harness the power of the arts to develop tourism growth, and if strategically managed, that would stabilize and develop these assets to better serve tourists through well-planned marketing efforts, and WHEREAS, CAP was appointed to create a comprehensive arts marketing plan and develop and implement a plan for financial and operational stabilization of arts and cultural entities, and WHEREAS, the arts and cultural community could better position itself in the marketplace to attract more visitors to Tompkins County, thus generating more dollars into the local economy, and WHEREAS, funding exists within the Room Tax Occupancy budget for the Arts and Cultural Stabilization Plan program, and WHEREAS, the Stabilization, Planning, and Development grant requests of the Arts and Cultural Stabilization Plan for $154,000 have 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 $154,000 be appropriated from the Room Occupancy Tax Fund as budgeted for 2005 for the Arts and Cultural Stabilization Grants, and CAP shall then disburse grants as follows: 2004 Amount 2005 Amount Hangar Theatre $ 30,000 $ 30,000 Cayuga Chamber Orchestra .$ 20,000 $ 25,000 Kitchen Theatre $ 25,000 $ 25,000 The History Center .$ 20,000 $ 30,000 Historic Ithaca (State Theatre)$ 30,000 $ 30,000 Grants Total $125,000 $140,000 92 March 15, 2005 RESOLVED, further, That, of the total program amount of $154,000, $14,000 (10 percent of 2005 program expenditures) shall be paid to CAP for administrative evaluation and oversight services, RESOLVED, further, That the County Administrator or his designee is authorized to sign any agreements with CAP pertaining to this program for $154,000 ($140,000 for grants and $14,000 for program administration). SEQR TYPE: TYPE I1-20 Report from the Budget and Capital Committee Mr. Koplinka-Loehr, Chair, reported the Committee met on March 8 and discussed some of the position requests that have been alluded to during this meeting. The Committee also finalized the budget calendar for 2005 in preparation of the 2006 budget. He said a tentative report was provided about very preliminary budget figures; however, those figures did not include revenue projections. County Administration was asked to include those projections in the next fiscal target estimate and expects that to happen prior to the April 28 budget retreat. Mr. Koplinka-Loehr reported the Committee also discussed the 2004 Affirmative Action Report and has copies for anyone interested in receiving one. In reviewing that Report, there was discussion about how positions will be approved and also how Tompkins County government is doing in comparison to the local labor force and surrounding communities and counties. The Committee also directed staff to come back with additional information regarding the possibility of a real property transfer tax. Report and Presentation of Resolution(s) from the Government Operations Committee Mr. Lane, Chair, reported the Committee reviewed the annual financial disclosure form and approved a modified form that removes information on the various levels of investments. The Committee felt that if there was a conflict it could be discerned from the fact that the investment was disclosed not the dollar value of the investment. He said there was also discussion and work was completed on the Code of Ethics which is on the agenda this evening. Mr. Lane said Mr. Whicher presented County Administration's plan for reorganization and reviewed a draft job description for the position of Deputy County Administrator. General consensus of the Committee was that is something that is needed in County government at this time and will take action on a resolution at the next meeting tomorrow. Mr. Lane also reported that Jackie Kippola, Contracts Coordinator, was asked to look into the New York Municipal Insurance Reciprocal, which is a combination of a number of municipalities that go together to try to get less expensive insurance. After looking into that it was concluded that it would cost Tompkins County $70,000 more over a five-year period; therefore, it would be less expensive for the County to do this by itself. RESOLUTION NO. 46 - REVISION OF ADMINISTRATIVE MANUAL POLICY NUMBER 01-10 - CONTRACTS MOVED by Mr. Lane, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present. WHEREAS, amendments and additions were deemed necessary to clarify present practice regarding contracts within the County government, now therefore be it RESOLVED, on recommendation of the Government Operations and Budget and Capital Committees, That the following Administrative Policy is adopted as amended: 01-10 - Contracts SEQR ACTION: TYPE 11-20 RESOLUTION NO. 47 - ADOPTION OF REVISED ANNUAL FINANCIAL DISCLOSURE FORM 93 March 15, 2005 MOVED by Mr. Lane, seconded by Mr. Booth, and unanimously adopted by voice vote by members present. WHEREAS, the Investments question of the Annual Financial Disclosure Form is often misinterpreted by employees, and WHEREAS, the County Attorney and Ethics Advisory Board have recommended the question be reworded for clarity, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the Annual Financial Disclosure Form is hereby amended and shall be dated March 15, 2005. SEQR ACTION: TYPE II- 20 RESOLUTION NO. 48 - AUTHORIZING A PUBLIC HEARING ON PROPOSED LOCAL LAW NO. a OF 2005 - A LOCAL LAW AMENDING CHAPTER 32 OF THE TOMPKINS COUNTY CODE — CODE OF ETHICS (Adoption of Local Law failed) MOVED by Mr. Lane, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present. WHEREAS, the County's Ethics Advisory Board has reviewed the County's Code of Ethics and proposed some format and wording changes to make it a more "reader -friendly" document, and WHEREAS, the draft revised Code of Ethics has been reviewed by the Government Operations Committee, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That a public hearing be held before the Tompkins County Legislature in Legislative Chambers of the Tompkins County Courthouse, 320 North Tioga Street, Ithaca, New York, on Tuesday, April 5, 2005 at 5:30 o'clock in the evening thereof concerning proposed Local Law No. a of 2005 - A Local Law Amending Chapter 32 of the Tompkins County Code - Code of Ethics. 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 1I-20 RESOLUTION NO. 49 - APPROVAL OF SUCCESSION OF MEMBERS OF THE COUNTY LEGISLATURE TO SERVE IN THE ABSENCE OF THE CHAIR AND VICE CHAIR MOVED by Mr. Lane, seconded by Mr. Booth. Ms. Kiefer said she cannot support this because it lists as a separate line of succession, the Chair of the Government Operations Committee who is also the Vice Chair of the Legislature, and also because she thinks it would be reasonable to use peoples' names in a particular order. She said there are some very experience Legislators who do not chair committees and feels they are qualified. A voice vote resulted as follows: Ayes - 13, Noes - 1 (Legislator Kiefer). Excused - 1 (Legislator Totman). 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 94 March 15, 2005 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 SEQR ACTION: TYPE II -20 Report and Presentation of Resolution(s) from the Public Safety Committee Mrs. McBean-Clairborne, Chair, reported the Committee met on March 3rd and heard from Dave Buck from the Groton Police Department and Joan Jurkowich of the Planning Department about an opportunity to purchase a traffic safety message board. Mr. Buck informed the Committee that they had previously borrowed one from the New York State Police; however, they are no longer able to do so. They will be putting together more information and will come back to the Committee with a recommendation. The Committee also discussed the Communications Capital Project and received an update from Lee Shurtleff, Director of Emergency Response. There was a brief discussion about what Committee members need to understand about 24-7 operations. As the budget season approaches, she said it is important to have a clear understanding about what it takes to have those facilities and operations move smoothly. The Sheriff reported there are presently four to six people who are doing weekend time, which means other inmates need to be boarded out to accommodate them. Mrs. McBean-Clairborne said there needs to be discussions with the judges to discuss the amount of work and the cost involved with weekenders. Mr. LeMaro spoke to the Committee about proposals for renovations to the Civil side of the facility and he determined that the proposal he was looking into would not be feasible at this time; however, this item continues to be discussed. Mrs. McBean-Clairborne spoke of the resolution adopted by this Legislature at a previous meeting urging the State to abandon the death penalty and said she heard that item will be taken up by the Legislature in the near future. RESOLUTION NO. 50 - AUTHORIZING THE COUNTY ADMINISTRATOR TO ENTER INTO AN AGREEMENT FOR NEGOTIATIONS TRAINING AND SERVICES FOR THE PUBLIC SAFETY COMMUNICATION SYSTEM CAPITAL PROJECT MOVED by Mrs. McBean-Clairborne, seconded by Ms. Robertson. Ms. Blanchard said she asked that this be pulled off the consent agenda because Motorola has been designated as a preferred vendor and believes the County should be in a collaborative relationship with that vendor to come to the best project possible. She said Steve Whicher, Jonathan Wood, and Lee Shurtleff are on this team and may be three of the most skilled negotiators in this County and does not feel the Industrial and Labor Relations School can give them anything that would add anything to the project. Mr. Proto noted that Supervisor Valentino also spoke about this. Ms. Herrera said she attends the ILR School in her spare time. Mr. Winch said he would like to know by job title who is going to be involved in this and what skills the County does not have that it will get for this amount. Mr. Whicher said this is a comprehensive training for the negotiation team. As they started facing the prospects of negotiating with Motorola they decided that because they are dealing with a very large corporation that does this every day, they have to have a clear understanding of how to develop a clear process where they can work together. He said he wants to have the adequate tools to enter these negotiations and asked for support for the team that includes himself, Lee Shurtleff, Mikel Shakarjian, Jonathan Wood, David Squires, and Ed Marx. 95 March 15, 2005 Mr. Proto disclosed that he owns stock in Motorola and stated he would not benefit from this. He asked Mr. Wood if he needed to provide any additional information; Mr. Wood advised him he did not. Ms. Robertson said this seems like a smart investment for a project of this size involving such technical details. Mrs. McBean-Clairborne also felt this is a worthwhile investment and noted it is not often these type of requests are made by staff. A voice vote resulted as follows: Ayes - 8 (Legislators Booth, Herrera, Joseph, Kiefer, Koplinka- Loehr, McBean-Clairborne, Penniman, and Robertson); Noes - 6 (Legislators Blanchard, Lane, Proto, Schuler, Todd, and Winch); Excused — 1 (Legislator Totman). RESOLUTION ADOPTED. WHEREAS, Tompkins County will negotiate and implement a contract for the Public Safety Communications System capital project (PSCS), and WHEREAS, the PSCS project represents the largest capital project ever undertaken by the County in both scope and cost, and WHEREAS, the County will seek negotiation training and services to support the PSCS project, now therefore be it RESOLVED, on recommendation of the Public Safety Committee, That the County Administrator be authorized to enter into a contract with Cornell University, Labor and Industrial Relations School, for a total amount not to exceed $20,000, RESOLVED, further, That the funds for the services are available in the current capital project, (Project No. 34.12) Account No. HI3412-59239. SEQR ACTION: TYPE II -21 RESOLUTION NO. 51 - ACCEPTANCE OF ANNUAL ALTERNATIVES TO INCARCERATION CONSOLIDATED SERVICE PLAN MOVED by Mrs. McBean-Clairborne, seconded by Mr. Penniman. Mr. Proto requested that a copy of the Plan be kept on file in the Legislative Office. A voice vote resulted as follows: Ayes - 14, Noes - 0, Excused - 1 (Legislator Totman). RESOLUTION ADOPTED. WHEREAS, the Criminal Justice Advisory/Alternatives to Incarceration Board at its February 15,2005, 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 2005 Alternatives to Incarceration Consolidated Service Plan for Tompkins County. RESOLVED, further, That a copy of the Plan will be kept on file at the Department of Probation and Community Justice and office of the Tompkins County Legislature. SEQR ACTION: TYPE 1I-20 Report from the Facilities and Infrastructure Committee Mr. Penniman, Chair, reported the Committee has not met since the last Legislature meeting. Report from the Space Needs and Location Committee Mr. Proto, Chairman, reported the Committee met on March 9th with the three department heads and staff members, had a tour of the building, and witnessed a lot of concerns that have been raised by those department heads. Mr. Proto said one of the Committee's charges was to review the feasibility of 96 March 15, 2005 combining the Day Reporting Program and the Felony Drug Treatment Court in the Human Services Building with the Probation Department; however, it was determined that it would not be feasible. There were issues that arose with regard to security that included several concerns expressed by staff. The Committee directed Ms. Buck and Mr. Marx to explore alternative sites and bring information back to the Committee. In addition to that item, the Committee continued to look at general sites and parameters for the Health Department and the Office for the Aging. The next meeting will be April 13th at 2:30 p.m. Report from the Health and Human Services Committee Ms. Robertson, Chair, reported the Committee met on March 2nd and received a presentation from Lisa Horn and James Brown from the United Way on hunger and food insecurity in Tompkins County. She said because of the article that appeared in the Ithaca Journal the following day, the United Way received several calls and donations towards the hunger program in Tompkins County. Ms. Robertson said the Committee heard from departments about budget impacts of proposals at the State and Federal level. At this time, the Governor is proposing to eliminate the mental health and substance abuse benefit, as well as payment for mental health drugs from the Family Health Plus program. She said housing for people with mental illness is well -supported in the Governor's budget, including the possibility of 600 new beds for priority populations. She also reported that the Governor has included an additional $1 million for the State's compulsive gambling education and treatment program. Ms. Robertson reported on the SRO (Single Room Occupancy) housing Request for Proposals, and stated it is presently under review and that a recommendation should be made on March 21st. At this time she asked Mr. Winch to provide a report on the subject of open burning that was discussed at a recent Board of Health meeting. Mr. Winch said the Board of Health took up the issue of open burning of household waste and brought in experts from Cornell University who spoke of research on dioxin and how it enters the human body. The Board of Health passed a resolution asking John Andersson of Environmental Health Division of the Health Department, to prepare language to amend the Sanitary Code of Tompkins County to ban any open burning. Mr. Winch said the vote by the Board of Health was not unanimous but there was enough support to make it happen. He noted this will not come before this Legislature; however, the Board of Health will hold a public hearing prior to taking action on a final decision. Mr. Proto clarified the Board of Health discussion stating that the staff was directed to draft language intended to amend the Sanitary Code and which would be reviewed by the Board of Health. The Code is already specific about what can and cannot be burned. The proposed changes are about enforcement. Report from the Strategic Planning Committee Mr. Koplinka-Loehr, Chair, reported the Committee held its third meeting and noted it was not as well attended by Legislators as previous meetings. He spoke of the master list of possible priorities that was distributed to all Legislators and asked that comments and priorities be returned to him or Ms. Skinner before the next meeting on April 8th. At that meeting the Committee will try to come up with the top ten responses to be considered at the April 28 meeting when that list will be narrowed to three to five to focus on over the next five years. Approval of Minutes of February 15, 2005 It was MOVED by Ms. Robertson, seconded by Ms. Kiefer, and unanimously adopted by voice vote by members present, to approve the minutes of February 15, 2005 with the corrections submitted. Adjournment On motion the meeting adjourned at 8:25 p.m. 97 April 5, 2005 Regular Meeting Public Hearing - Local Law Amending Chapter 32 of the Tompkins County Code - Code of Ethics Chair Joseph called a public hearing to order at 5:30 p.m. concerning A Local Law Amending Chapter 32 of the Tompkins County Code - Code of Ethics and asked if anyone wished to speak. No one wished to speak and the public hearing was closed at 5:32 p.m. Called. to Order Mr. Joseph called the meeting to order at 5:32 p.m. Pledge of Allegiance to the Flag and Roll Call of Members Members and guests participated in the Pledge of Allegiance to the Flag. Present: 12 Legislators. Excused: 3 (Legislators Blanchard, Herrera, and Winch). Ms. Kiefer was excused at 7:44 p.m. Privilege of the Floor by the Public Matthew Bishop, City of Ithaca resident, spoke of his belief that the most important issue in Tompkins County is not housing or transportation or raising taxes. It is economic growth, and appropriate funding to Tompkins County Area Development and the Industrial Development Agency is an important factor in improving the economic growth in the County. He believes the amount presently funded by the County should be increased and that this increase combined with the newly developed Tompkins County Comprehensive Plan are proper ways to start the growth process. Presentation of Distinguished Youth Award Mr. Totman, District No. 9 Legislator, presented the March 2005 Distinguished Youth Award to Nick Totman, member of the McLean Fire Department. Mr. Totman read the following statement: "As human beings we have the ability to carry out a wide range of activities. There is an activity - dear to my heart so much that it is etched on my tombstone. That activity is VOLUNTEERING. During the past couple of decades we have all seen fewer and fewer volunteers as our society has changed. We've all read about the effect this has had on volunteer fire departments - how their ability to protect their communities is threatened because of the lack of new members to carry on what the older ones have been able to do. "Volunteering isn't easy. It requires commitment, dedication, decision-making, maybe sacrifices, and time. One doesn't volunteer expectation to get monetary returns. You volunteer because you want to see something succeed, you see the value of what you are working toward, you believe in its importance. The reward is knowing that you helped in some way - that you made a difference. "The person I wish to recognize tonight is a volunteer. Perhaps volunteerism took root for him through a program which requires the entire family to participate. His home becomes a temporary safe haven for dogs which have been abandoned, abused, traumatized, etc. This is the Foster Family Program instituted by the Tompkins County SPCA. For many years he and his family have helped rehabilitate unfortunate dogs so that they can be placed with permanent homes. It takes a lot of consistent, constant TLC from everyone living in the home - kids and all. The rewards are hearing about the adoptions of 98 April 5, 2005 animals you worked with and knowing you were instrumental in making their second chance at life possible. "My person is a seventeen-year old high school junior and he is a volunteer fireman. During his seventeen years he has had a lot of exposure to what it takes to be a volunteer fireman. His grandparents, parents, and brother have all spent countless hours on behalf of the department. At age 14 he became a junior firefighter. During his two years at this level he not only learned some basic firefighting and safety procedures but also became certified by the Red Cross in first-aid and CPR. He did the "go-fer" jobs and willingly worked fund raisers. "I needed to tell you a little about this young man's recreational activity for you to fully understand his commitment. Since the age of seven he has competed in microd racing, becoming quite adept at mastering driving skills. It seemed a natural conclusion, to those of us who know him, that as soon as he reached his sixteenth birthday he would be first in line at the Motor Vehicle Bureau to get his driver's license. We were all wrong! Instead he opted to go for his New York State Firefighter One course - seventy-eight hours of intensive training which he fit in around his high school classes. His successful completion qualified him to be a full-fledged firefighter. At the December meeting of his fire department his obvious desire and enthusiasm to serve the department was recognized when fellow members elected him to the office of First Lieutenant. He is the youngest officer the department has ever had! I am very proud of the way he has dedicated himself to the department. He has renewed my belief that we all should be volunteers." At this time Mr. Totman requested that Sheriff Meskill present the award. Sheriff Meskill said he was hesitant at first to do so as he is the Sheriff and not part of the Emergency Response team for the County, however upon reflection, it was appropriate as he is now in his 30th year as a volunteer firefighter, having started at the age Nick Totman is. Sheriff Meskill said this was a good opportunity to recognize those following in parents and/or grandparents footsteps to serve the community and being there at the time of need. Privilege of the Floor by Legislators Mr. Proto, District No. 7 Legislator, expressed gratitude to the Tompkins County Highway Department for their efforts this past weekend when the Towns of Danby and Caroline had flood conditions, noting that Acting Highway Superintendent John Lampman was assisting with pumps on Sunday morning. He feels it was fitting that a volunteer fireman also was recognized this evening as the local fire department volunteers were critical during this time of need. Mr. Proto then stated that he would like the Ithaca Common Council to recognize Officer Jeff Huddle who went above the call of duty and was able to assist in the apprehension of an individual relating to the recent burglary in the Town of Danby. Mr. Proto said the Universal Service Fund has an expected increase in excess of seventeen percent by 2007. He said the national average would increase from $2.09 per month to $2.26, with Tompkins County's annual contribution of approximately $2 million. Mr. Koplinka-Loehr, District No. 11 Legislator, spoke of Judge Judy Harris Kluger, Deputy Chief of the Integrated Domestic Violence Court System, coming to Ithaca next week for a variety of Domestic Violence meetings. Judge Kluger has supervised the development of the Integrated Domestic Violence Courts in New York State as well as providing oversight for all New York State Drug Courts. She will be visiting an Integrated Domestic Violence Court session as well as meeting with County magistrates, local elected officials and public safety personnel, and then will be the keynote speaker for the Offender Aid and Restoration annual meeting at the Unitarian Church. These meetings will provide the opportunity to share knowledge of the various Alternatives to Incarceration programs the County has developed as well as learn about programs from other areas. 99 April 5, 2005 Ms. Robertson, District No. 13 Legislator, spoke of a recent posting on the Human Services Coalition list -serve that indicated the Drop -In Center recently was refunded taxes on their telephone bill due to the not-for-profit status. Ms. Robertson then spoke of the Terri Schaivo case and how it has brought an awareness to end -of -life care issues. She recommended that individuals seeking information could find resources through the Tompkins County Office for the Aging, Lifelong, Health Planning Council, or Hospicare. Ms. Robertson spoke of the number of individuals wounded and killed in Iraq this week; she personally hopes that as President Bush attends the funeral for Pope John Paul he recalls the Pope's pleading not to invade Iraq. Mr. Lane, District No. 14 Legislator, reported that during the recent heavy rains the Dryden Dam Project worked well, preventing the creek from spilling over and flooding the Dryden area. He thanked the County for their participation in the project. Mr. Lane said a recent Untied States Supreme Court decision that he considers a landmark, regarding the Oneida nation's property owned in Sherrill, has set parameters that may be used in future claims. This case involves Sherrill's lawsuit against the nation, specifically the purchase of land that is then attached to a reservation, making it tax exempt. The ruling, voted eight to one, is approximately twenty-two pages and states the local municipality rules and the nations had long abandoned the claims. In addition, it specifies that the United States Government can acquire land for reservations and that there is a process. Mr. Lane said he is glad to see the government address this issue, which has been a concern of his. Ms. Kiefer inquired whether this decision would affect the Governor's plans for casinos in the Catskill areas. Mr. Lane said that it may but he did not have any details. Mr. Proto asked if this would apply to the recent claim by the Onondaga nation and was informed by Mr. Lane that the language may have a precedent in the case. Mr. Joseph reported he had extended an invitation for a local meeting to discuss the Onondaga Nation's claim and to date has had no response. Ms. Schuler, District No. 4 Legislator, spoke of the Community Foundation's Roundtable on Youth she attended with over 100 other people involved with our county's youth population. The young people coordinated the event and were very forthright in expressing their concerns and needs regarding inclusiveness and what we as a community can do together to address their ideas. Ms. Schuler reported that the Fifth Annual 4-H Duck Race is taking place on April 17th in Cascadilla Creek where 3,400 rubber ducks are released over the falls. There is still time to purchase a duck. Mr. Todd, District No. 6 Legislator, reported that the extensive study and work done on Ludlowville Road in Lansing last year had excellent results during this period of floods; the area did not experience any flooding as they had last year. He expressed gratitude to all who worked on the project. Mr. Lane congratulated the New York State Legislature on the passage of the State Budget. He said while it shows it can be done many important issues such as school funding were side-stepped. Mrs. McBean-Clairborne, District No. 2 Legislator, also spoke of the roundtable discussion held at the Women's Community Building, saying youth are asking more questions of the grown-ups. She said it was fitting that over 240 attendees converged at this inspiring event that celebrated sisterhood and friendship at the beginning of Women's History Month. Report from a Municipal Official Maria Coles, City of Ithaca Common Council Member, said the roundtable discussion held at the Women's Community Building was wonderful and that it reminded her of the power women have when so many gather. She reported that the City has been working with Cornell University and Ithaca College to develop a plan to contain the annual parties in City neighborhoods during graduation periods. She reported the Planned Unit Development proposal has met with both positive and negative reaction from developers. Ms. Coles said information is starting to be gathered regarding the Southwest Development Plan for housing and there are very long lists of both positive and negatives regarding the areas this 100 April 5, 2005 housing is proposed for. She expressed a desire to see this largest undeveloped piece of land in the City utilized for housing and small offices. In addition, the Planning Committee has been discussing building heights in the downtown areas. Ms. Coles feels it is important to find ways to bring residents back to the downtown area. She reported that Common Council has been discussing the wages of Council members as well as the Mayoral salary, although budgets are tight it is felt that adjustments may be necessary to open up the positions to more individuals by providing more compensation. She reported that Common Council will have the first meeting with County Legislators representing the City on April 27, 2005, and would like questions Legislators have submitted via e-mail in advance of the meeting. Mrs. McBean- Clairborne noted the fourth Wednesday of the month could have a potential conflict with the Workforce Diversity and Inclusion Committee. Chair's Report and Appointment(s) Mr. Joseph reported he wrote to Town of Ithaca Supervisor Valentino and Town of Danby Supervisor Barber regarding their requests and offers related to the Communications Capital Project and the associated Environmental Impact Statement (EIS). He said that upon receipt of his letter that asked specific questions relating to Ms. Valentino's offer of assistance in the EIS process, Ms. Valentino contacted him and indicated that she had not realized the long -form declaration for the EIS had been made and was in agreement that the Town would not be able to do the work. She did say her experience and relationships with other municipal officials may be useful and could perhaps assist in reduced costs for the project. Mr. Joseph reported Ms. Valentino suggested a meeting with Mr. Marx, Planning Commissioner, and Town of Ithaca Planner, Mr. Kanter, and himself to discuss specific ways to save funding and he would be grateful if it could happen. He reported that the Municipal Officers Association has changed their meeting date so that members of the Legislature may attend and a request has been made to respond to the invitation prior to April 18. Mr. Joseph reported the breakfast meeting with Cornell University President Lehman has been postponed due to scheduling conflicts. Chair's Appointment(s) Chair Joseph made the following appointment(s): Tompkins County Municipal Nanning Organization Dooley Kiefer Report from the County Administrator Mr. Whicher reported that the past week's flooding has resulted in a cost to the Highway Department between $75,000 - $100,000 and will take three to four weeks to complete all emergency repairs. He praised the Highway Department for their quick response in taking appropriate steps in this emergency to ensure citizens' safety. He said though the State budget was passed it is incomplete, with the Medicaid cap being a large concern. He said that although figures are provided there is no way of knowing the end result until all items are addressed. In response to a question from Mr. Proto related to funding, he said funding for current programs have continued but there are no payments on items new to the 2005 budget. Report from the County Attorney Mr. Wood reported he has reviewed and approved filing of the lawsuit related to drug company Medicaid fraud; the papers should be filed within the next two weeks. He then reported that a request to lower taxes overdue on Lakeside Nursing Home has been denied at this time. Report from the Finance Director 101 April 5, 2005 Mr. Squires had no report. Report and Presentation of Resolution(s) from the Budget and Capital Committee Mr. Koplinka-Loehr, Chair, reported the Committee met on March 22nd with most of the work is reflected in resolutions. He said one item discussed was the Workforce Diversity Plan and that a determination was made not to forward a memo to Department Heads at this time and have passed this possible correspondence to the Workforce Diversity and Inclusion Committee. RESOLUTION NO. 52 - AUTHORIZING THE COUNTY ADMINISTRATOR AND PERSONNEL COMMISSIONER TO WORK WITH DEPARTMENTS TO DEVELOP A WORKFORCE DIVERSITY PLAN FOR NEW HIRES MOVED by Mr. Koplinka-Loehr, seconded by Ms. Robertson. Ms. Kiefer said she had thought the diversity plans would go to the Workforce Diversity and Inclusion Committee within ninety days and then the Legislature, but not both within ninety days. Mr. Koplinka-Loehr explained it would first go through Workforce Diversity and then to the Budget and Capital Committee. Ms. Kiefer said it was her understanding that a memo summarizing the Legislature's concern and direction would be sent to Department Heads, which she believed would be useful in the interim period. She spoke of the memo including information on how to define minorities and other aspects of diversity that would provide suggestions on hiring techniques. She would like to see this be provided to department heads and perhaps be reviewed by the Workforce Diversity and Inclusion Committee prior to distribution. Mr. Joseph said the Budget and Capital Committee will take this under advisement. Mr. Koplinka-Loehr will take the matter up with the Workforce Diversity and Inclusion Committee, who meets on April 27 and see what they want to do. A voice vote on the motion resulted as follows: Ayes - 12; Noes - 0; Excused - 3 (Legislators Blanchard, Herrera, and Winch). RESOLUTION ADOPTED. WHEREAS, Tompkins County has a 1997 Affirmative Action Plan that addresses workforce diversity, and the Legislature wishes to give heighten attention to this topic, and WHEREAS, the workforce diversity effort being undertaken is critical to the success of Tompkins County government in meeting our mission for all residents through being representative of the community, and WHEREAS, the workforce diversity effort deepens and expands the ability of Tompkins County government to be a competitive and desirable employer by employing workers of diverse ethnic and cultural backgrounds, and WHEREAS, growth in minority populations is responsible for over ninety percent of the County's population growth, and WHEREAS, increased diversity will permit Tompkins County government to more equitably meet public service goals for all constituents whom we serve, and WHEREAS, in current hiring practices within the County, it is assumed that departments are implementing strategies and asking, internally, questions to help them attract a diverse workforce, and WHEREAS, utilizing consistent policies and implementing best practices will assist in the success of a full workforce diversity plan, and WHEREAS, our departments are key in ensuring this plan is successful, and WHEREAS, the Legislature understands that it may be difficult to attract under -represented talent for each position but expects that given this understanding departments will make a documented, well- rounded, extra effort to advertise and recruit such talent, expeditiously but not hurriedly, and 102 April 5, 2005 WHEREAS, by this resolution the Legislature does not intend to suspend all hiring at this time, but to affect how departments include and utilize an effective diversity plan in filling vacancies and to hold departments accountable to reporting on their diversity efforts, now therefore be it RESOLVED, That the Legislature directs the County Administrator and Commissioner of Personnel to work with departments as a Management Team to recommend a data -driven Workforce Diversity Plan for the County to be used for new hires, lateral moves and promotions that includes countywide goals, objectives and implementation strategies and timetables to address the recruitment, screening, selection and retention of a diverse workforce and maintenance of an inclusive workplace, RESOLVED, further, That the Management Team will work closely with the Workforce Diversity and Inclusion Committee to learn about and incorporate best practices being used locally, regionally, and nationally, RESOLVED, further, That the Management Team work with the Workforce Diversity and Inclusion Committee to develop a diversity and inclusion plan for the entire County that builds an inclusive environment beyond hires, RESOLVED, further, That the proposed Workforce Diversity Plan clarify the respective roles and responsibilities of the Legislature, county administration, and departments in workforce hiring, RESOLVED, further, That the Management Team's recommended Workforce Diversity Plan will be presented to the Workforce Diversity and Inclusion Committee and the Budget and Capital Committee within ninety days of adoption of this authorizing resolution, RESOLVED, further, That while the plan is being developed, County Administration, in consultation with Human Rights, the Diversity Consortium and the Workforce Diversity and Inclusion Committee, will assure that departments seeking to fill vacancies are appropriately responding to the diversity concerns identified by the Legislature, RESOLVED, further, That the Budget and Capital Committee will consider a request for resources if the Management Team finds that additional resources are needed to develop the Diversity Plan. SEQR ACTION: TYPE 11-20 Addition of Resolution(s) to the Agenda There were no resolution(s) added to the agenda. Withdrawal of Resolution(s) from the Agenda There were no resolution(s) withdrawn from the agenda. Approval of Resolution(s) Under the Consent Agenda It was MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, to approve the following resolution(s) under the Consent Agenda. (Mr. Koplinka-Loehr temporarily out of room). RESOLUTION NO. 53 - AUTHORIZING MUNICIPAL ELECTRIC AND GAS ALLIANCE TO EXTEND THE CONTRACT FOR THE PURCHASE OF NATURAL GAS ON BEHALF OF THE COUNTY AND AUTHORIZING THE INCLUSION OF ANY POLITICAL SUBDIVISION WITHIN THE STATE TO PARTICIPATE MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, under the Consent Agenda. 103 April 5, 2005 WHEREAS, the County currently receives natural gas from NYSEG Solutions through a contract obtained pursuant to a bid by the Municipal Electric and Gas Alliance ("MEGA"), and WHEREAS, the contract will terminate in October 2005 if MEGA does not exercise the renewal option, and WHEREAS, Section 408-a of the County Law authorizes the County to include in any purchase contract awarded to the lowest responsible bidder, authorization permitting any political subdivision in the State to participate, and WHEREAS, the County desires the continued participation of other political subdivisions in the natural gas contract, and WHEREAS, rules regarding the terms by which other political subdivisions participate have been established and will be reflected in the contract, now therefore be it RESOLVED, That MEGA is hereby authorized to exercise the option to extend the contract for natural gas which was based on public bidding on behalf of Tompkins County, RESOLVED, further, That all political subdivisions within the State are authorized to participate in the contract. SEQR ACTION: TYPE II -20 RESOLUTION NO. 54 — APPOINTMENT OF TEMPORARY BOARD OF ASSESSMENT REVIEW HEARING MEMBERS TO SERVE ON ADMINISTRATIVE HEARING PANELS - ASSESSMENT DEPARTMENT MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, under the Consent Agenda. WHEREAS, the Department of Assessment has entered into an annual reassessment program with the New York State Office of Real Property, and WHEREAS, Real Property Tax Law 523-a permits the Tompkins County Legislature to appoint up to six Temporary Board of Assessment Review members to serve on Administrative Review Panels, and WHEREAS, Real Property Tax Law 523-a permits the compensation of Temporary Board of Assessment Review Members, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That six Temporary Board of Assessment Review members, namely Alice Moore, Edward Laine, Robert Walpole, Edith Spaulding, Michael Cannon, and Paul Banfield, be appointed to serve on Administrative Review Panels, RESOLVED, further, That Temporary Board of Assessment Review members be compensated at a maximum annual compensation of $250.00 each. SEQR ACTION: TYPE I1-20 RESOLUTION NO. 55 - URGING INCREASED FUNDING FOR THE NEW YORK STATE CONSOLIDATED HIGHWAY IMPROVEMENT PROGRAM (CHIPs) MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, under the Consent Agenda. WHEREAS, local governments are responsible for eighty five percent of the State's 110,000 miles of roadways, and are also responsible for fifty percent of the State's 18,000 bridges, and WHEREAS, CHIPs is a unique form of a block grant in transportation financing providing critical transportation funding to over 1,600 units of local government in New York State, and 104 April 5, 200.5 WHEREAS, the 2004/05 adopted state budget restored $35 million in County/New York City CHIPs funding, and WHEREAS, because of the restored funds, county highway departments were able to repair important components of the local transportation system, and purchase necessary highway equipment and materials, and WHEREAS, the Governor's New York State Executive Budget 2005-2006 proposes funding for the program remain flat at the 2004-05 level of $35 million in County/New York City Consolidated Highway Improvement Funds (CHIPs), and WHEREAS, the proposed 2005/06 Executive Budget Proposal proposes no increase for CHIPs funding in spite of the dramatic inflationary increases in the cost of fuel, equipment and material, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the Tompkins County Legislature hereby goes on record urging the State Legislature to support a $100 million increase to bring the CHIPs funding level to parity with today's increased costs, RESOLVED, further, That the Tompkins County Legislature urges the state to index these funds as part of the State' s multi-year capital plan so that local governments can budget and properly plan to address the deficiencies in the local transportation system, RESOLVED, further, That certified copies of this resolution be forwarded to Governor George E. Pataki, the New York State Legislature, and all others deemed necessary and proper. SEQR ACTION: TYPE II - 20 RESOLUTION NO. 56 - URGING AN INCREASE IN CRITICAL MARCHISELLI HIGHWAY AND BRIDGE FUNDING MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, under the Consent Agenda. WHEREAS, the Marchiselli Funding Program is the State component of a successful Federal, State, and Local partnership delivering transportation improvements on the local highway system, and WHEREAS, the Federal Transportation Program has grown over the past five years, and the number of Federal Aid projects sponsored by local governments has increased over the past five years, and WHEREAS, Marchiselli Funding has not increased in the past five years, and WHEREAS, the Marchiselli program has not kept pace with the Federal Transportation Program resulting in delays of State matching funds or eligible portions of projects not receiving State matching funds, and WHEREAS, the Governor' s executive Budget submission to the Legislature holds Marchiselli funding static at $40 million, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the Tompkins County Legislature strongly urges the State Legislature to increase this critical funding to a level consistent with the level of locally sponsored projects listed on the current Statewide Transportation Improvement Program (STIP), RESOLVED, further, That the Tompkins County Legislature strongly urges the Governor and State Legislature to increase Marchiselli program funding to $80 million to match the current need during the 2005 legislative session, RESOLVED, further, That certified copies of this resolution be forwarded to Governor George E. Pataki, the New York State Legislature, and all others deemed necessary and proper. SEQR ACTION: TYPE II - 20 105 April 5, 2005 Approve of Appointment(s) Under the Consent Agenda It was MOVED by Mr. Booth, seconded by Proto, and unanimously adopted by voice vote by members present, to approve the following appointment(s) under the Consent Agenda: Community Mental Health Services Board Brad Rudin - term expires December 31, 2006 Report from the Planning, Development and Environmental Quality Committee Mr. Proto, Vice Chairman, said the April 6 meeting has been postponed until April 19th at 4:30 p.m.; the agenda includes the Metropolitan Planning Organization budget, Celebrations Grants, a five- year strategic plan report from Ms. Kippola. He said that the discussion regarding Workforce Development's policy and practices due to regionalization and property tax exemptions may be postponed until the May meeting. Report from the Strategic Planning Committee Mr. Koplinka-Loehr, Chair, requested that members of the Legislature review the material provided to them earlier in the week in preparation for the upcoming meeting on April 8, 2005, and determine what they consider to be the top three areas to concentrate on. Mr. Koplinka-Loehr said the budget meeting on April 28 will further pinpoint areas to work on in the future. Report and Presentation of Resolution(s) from the Government Operations Committee Mr. Lane, Chair, reported the Committee met on March 16th and discussed the positive and negative aspects regarding the proposal to have a combined Planning and Public Works Commissioner. The Committee discussed how to best bring this topic to all members of the Legislature as it presently would involve several Committees; consensus was to present the proposal to the entire Legislature rather than separately to each committee. The County Attorney has been asked to review the materials related to the Onondaga land claim action and a report is expected at a later date. The Committee acted on the request for a Deputy County Administrator position. Mr. Lane reported the Board of Elections provided information on the impact of the new voting requirements and equipment. He said statistics show that while the initial cost of an optical scanning paper ballot machine may be less expensive, the overall cost and operations of the equipment may be more cumbersome and expensive. RESOLUTION NO. 57 - ADOPTION OF REVISED ADMINISTRATIVE POLICY 01-34 - ALLOCATION OF SPACE IN COUNTY BUILDINGS MOVED by Mr. Lane, seconded by Mrs. McBean-Clairborne. Mr. Proto said he requested the resolution be pulled from the Consent Agenda to discuss his concern regarding the procedure outlined within the text. He believes that there should be Committee involvement in the decision-making for space allocations. Mr. Lane explained normal requests for partition changes or immediate office reallocation of space should not require Committee involvement; however, if there was not agreement the appropriate Committee would review the request. In addition, Mr. Lane said the cost of modifications would be the responsibility of the department unless it required a major renovation. Mr. Proto discussed the modifications taking place on the third floor of the Old Jail Building, stating he believed the Legislature needs to be aware of the costs associated with it. It was explained that the renovation in that area was to adequately provide workspace for the County Attorney's office and in doing so would require modification of the present workspace in Administration. It was MOVED by Mr. Proto, seconded by Mr. Totman, to amend the Policy item A. Existing Space, number 2, by changing the word "decision" to "recommendation" of the County Administrator 106 April 5, 2005 with the program committee participating in the decision to allocate. Ms. Robertson said she believed Legislature involvement in this process would be micro -managing the process. A voice vote on the motion resulted as follows: Ayes - 1 (Legislator Proto); Noes - 11; Excused - 3 (Legislators Blanchard, Herrera, and Winch). MOTION FAILED. A voice vote on the original motion resulted as follows: Ayes - 11; Noes - 1 (Legislator Proto); Excused - 3 (Legislators Blanchard, Herrera, and Winch). RESOLUTION ADOPTED. WHEREAS, space standards are necessary to ensure that all county employees are provided with an appropriate work environment and that county fiscal resources are judiciously and equitably utilized to provide such a work environment, now therefore be it RESOLVED, on recommendation of the Government Operations Committees, That the following Administrative Policy is hereby revised: 01- 34 Allocation of Space In County Buildings SEQR ACTION: TYPE 11-20 RESOLUTION NO. 58 - CLARIFICATION OF RESPONSIBILITY FOR LEGISLATURE SUPPORT FOR LIBRARY EXPENSES MOVED by Mr. Lane, seconded by Mr. Booth. Mr. Totman said he does not agree with the resolution as it guarantees funding for the library in the event funding from other areas are not available and which is not done for other departments within the county. Mr. Lane said the resolution recognizes the library's continued attempts to find funding sources outside the direct County tax base; the purpose is to continue the commitment to the library and not base it on their outside revenue sources. Mr. Totman is concerned that the library will continue to grow and ask for more funding. Mr. Penniman believes it is important to show support that in turn may continue the outside revenue stream for the library. Ms. Kiefer said this resolution provides the same commitment to the library as Resolution No. 116 of 1999. A voice vote on the resolution resulted as follows: Ayes - 11; Noes - 1 (Legislator Totman); Excused - 3 (Legislators Blanchard, Herrera, and Winch). RESOLUTION ADOPTED. WHEREAS, as previously stated in Resolution No. 116 of 1999, the Tompkins County Legislature recognizes the importance of the Tompkins County Public Library for County residents from all areas and all walks of life, and WHEREAS, the Tompkins County Legislature understands and supports the needs of the Tompkins County Public Library, and WHEREAS, the Tompkins County Legislature will strive to support those needs within the County's budgetary constraints from year to year, and WHEREAS, the Tompkins County Public Library is moving to obtain new revenue sources to restore and enhance services, and WHEREAS, there is concern that such new resources may be compromised unless the County clarifies that such additional revenue will not result in an automatic lowering of allocations for the Library currently provided by the County, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the Tompkins County Legislature reaffirms its responsibility to provide operating funds for the Library and to maintain its facility for what is considered to be basic services, to the best of the County's ability, RESOLVED, further, That the Tompkins County Legislature recognizes that these new revenue sources are not intended to replace County -supported basic operating funds for the Library. SEQR ACTION: TYPE 11-20 107 April 5, 2005 RESOLUTION NO. 59 - ADOPTION OF LOCAL LAW NO. a OF 2005 - A LOCAL LAW AMENDING CHAPTER 32 OF THE TOMPKINS COUNTY CODE - CODE OF ETHICS (Resolution Lost) MOVED by Mr. Lane, seconded by Mr. Booth. Mr. Lane asked the County Attorney if deleting the following statement in Section 32-5, paragraph C, was considered a substantive change "....but shall withhold from their inspection the range of market value of any investments." Mr. Wood did not feel it was a material change, since it refers to something that no longer exists. Mr. Proto raised a concern with Section 32.4, paragraph I, as it relates to seeking advice on conflicts of interest. He believes the County Attorney should be providing the advice. In response to questions raised, Mr. Wood explained the policy for filing complaints. Mr. Joseph expressed his concern with Section 32.4 paragraphs C and H as he does not believe officials and employees should be treated as a single group. He feels some conflicts are inevitable and should be disclosed but not prohibited. Mr. Lane understands Mr. Joseph's concern, but feels the policy provides an adequate procedure to follow. It was MOVED by Mrs. McBean-Clairborne, seconded by Mr. Booth, to amend the proposed resolution by adding the following sentence to Section 32.4, paragraph H: "If any official or employee holds any such position he/she is required to disclose the same." It was noted this change would require an additional public hearing. A voice vote on the amendment resulted as follows: Ayes - 4 (Legislators Koplinka-Loehr, McBean-Clairborne, Robertson, and Penniman); Noes - 8; Excused - 3 (Legislators Blanchard, Herrera, and Winch). MOTION FAILED. A voice vote on the main motion resulted as follows: Ayes - 7 (Legislators Booth, Kiefer, Lane, Proto, Robertson, Schuler, and Todd); Noes - 5 (Legislators Joseph, Koplinka-Loehr, McBean- Clairborne, Penniman, and Totman); Excused - 3 (Legislators Blanchard, Herrera, and Winch). RESOLUTION LOST. WHEREAS, the County's Ethics Advisory Board has proposed a more user-friendly version of the County's Code of Ethics, and in connection therewith the Government Operations Committee has recommended several changes to the Code, and WHEREAS, a public hearing was held before the Tompkins County Legislature on April 5, 2005, to hear all persons interested in proposed Local Law No. a of 2005 - A Local Law Amending Chapter 32 of the Tompkins County Code - Code of Ethics, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That proposed Local Law No. a of 2005 - A Local Law Amending Chapter 32 of the Tompkins County Code - Code of Ethics, 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 Report and Presentation of Resolution(s) from the Public Safety Committee Mrs. McBean-Clairborne, Chair, reported the Committee met earlier in the day to discuss the resolution on the agenda. The next meeting will be on April 7th. She said the Sheriff has received transportation and board -out expense information for the year thus far for all interested and that Resolution No. 284 of 2004 - Review of Alternatives to Incarceration Initiative and Creation of Special 108 April 5, 2005 Committee to Design Parameters of Requested Study, which was referred to the Committee will be addressed at the meeting. RESOLUTION NO. 60 - AUTHORIZING THE COUNTY ADMINISTRATOR TO ENTER INTO AN AGREEMENT FOR LEGAL, ENVIRONMENTAL IMPACT STATEMENT, AND STATE ENVIRONMENTAL QUALITY REVIEW COMPLIANCE SERVICES FOR THE PUBLIC SAFETY COMMUNICATION SYSTEM CAPITAL PROJECT MOVED by Mrs. McBean-Clairbome, seconded by Mr. Penniman. In response to Mr. Booth's question, Mr. Whicher indicated the two responses to the request for proposals resulted in a $6,000 range difference. Mr. Proto spoke of a memo received from Ms. Blanchard that addressed several items related to this resolution suggesting possible ways to reduce costs in different areas and asked if they had been addressed. Mr. Whicher said the memo and suggestions were reviewed, noting one had a potential savings of $35,000. He believes the savings of that particular item was something that would result normally during the EIS process; however, he feels that evaluation of the recommendations required review by the attorney completing the environmental impact study. Mr. Lane inquired if it is possible to use a step -fee for this process rather than committing to the entire amount at once. Mr. Whicher said to do so would require segmenting the process and that it would not be productive. Ms. Robertson said this agreement would allow parallel work on different sites to be completed more rapidly. A discussion took place regarding the process; specifically if each site would be completed separately. It was noted by Mr. Whicher that some processes are duplicated for all sites but specific information at each location must be analyzed and comprise one-third of the contract. Mr. Totman feels extensive studies have been made and the project must go forward toward completion. Mr. Lane felt the contract payments should be progressive, however, Mr. Whicher said it would be difficult to determine a cut-off point. Mr. Wood said the only break point would be between the draft and final EIS; once committed to doing it there is no way to stop the process. An executive session followed prior to voting on the resolution. Executive Session It was MOVED by Mr. Penniman, seconded by Mr. Lane, to enter into executive session at 7:32 p.m. to discuss possible litigation. A voice vote resulted as follows: Ayes - 10; Noes - 2 (Legislator Totman and Todd); Excused - 3 (Legislators Blanchard, Herrera, and Winch). MOTION CARRIED. Recess [Ms. Kiefer was excused at this time (7:44 p.m.).] The meeting returned to open session at 7:47 p.m. Mr. Joseph declared a recess from 7:47 to 7:54 p.m. RESOLUTION NO. 60 - AUTHORIZING THE COUNTY ADMINISTRATOR TO ENTER INTO AN AGREEMENT FOR LEGAL, ENVIRONMENTAL IMPACT STATEMENT, AND STATE ENVIRONMENTAL QUALITY REVIEW COMPLIANCE SERVICES FOR THE PUBLIC SAFETY COMMUNICATION SYSTEM CAPITAL PROJECT (Continued) 109 April 5, 2005 A voice vote on the resolution resulted as follows: Ayes - 11; Noes - 0; Excused - 4 (Legislators Blanchard, Herrera, Kiefer, and Winch). RESOLUTION ADOPTED. WHEREAS, Tompkins County will negotiate and implement a contract for the Public Safety Communications System capital project (PSCS), and WHEREAS, the County has issued a positive declaration of environmental significance under State Environmental Quality Review (SEQR) for this action, and an Environmental Impact Statement (EIS) will be prepared, and WHEREAS, the County has issued a Request for Proposals (RFP) for SEQR Compliance and EIS Services to support the PSCS project, and WHEREAS, two responses to the RFP were received and both respondents were interviewed, and WHEREAS, the review process has been completed and ENSR, Intl., with an office located in Rochester, New York, has been selected to prepare materials necessary under SEQR to complete the review process, and WHEREAS, a final scope of services will be negotiated with the preferred vendor, ENSR, Intl., WHEREAS, outside legal assistance is also necessary and the County Attorney will recommend and contract for this service separately, now therefore be it RESOLVED, on recommendation of the Public Safety Committee, That the County Administrator be authorized to enter into a contract with ENSR, Intl., of Rochester, New York, for the development of the EIS to support the implementation of the Public Safety Communications System, RESOLVED, further, That the County Attorney be authorized to enter into a contract for related legal services, RESOLVED, further, That the total amount for preparation of the EIS and legal services shall not exceed $330,000, tentatively expected to be $290,000 for the EIS and $40,000 for legal services, RESOLVED, further, That the funds for the legal and SEQR compliance services are available in the current capital project, (Project No. 34.12) Account No. HI3412-59239. SEQR ACTION: TYPE 11-21 and Report and Presentation of Resolution(s) from the Facilities and Infrastructure Committee Mr. Penniman, Chair, reported the Committee met on March 17 and March 22, with resolutions covering portions of the work completed. In addition, the Committee was informed of the new Highway Division organization and that the Highway Manager search has been extended and reopened with the intention to expedite the filling of the position. The Committee reviewed the highway projects report, including information on redesign projects. Coddington Road was discussed at length, particularly the desire of residents to maintain a smaller road width. At the next meeting on April 13 the Committee will be discussing the design process used and how decisions are made. Mr. Penniman said that due to the amount of work required by the Committee there will be two meetings per month in the future. He also reported on Northwest Airlines aggressive introductory fares that have been advertised. RESOLUTION NO. 61 — APPROPRIATION FROM CONTINGENT FUND — BIGGS B ROOF REPLACEMENT - FACILITIES MOVED by Mr. Penniman, seconded by Mr. Booth, and unanimously adopted by voice vote by members present. RESOLUTION ADOPTED. WHEREAS, the Biggs B metal roof and flashing is failing, resulting in leaks and internal water damage, and WHEREAS, the Facilities Division of Public Works recommends roof replacement, which can be completed for a maximum of $50,000, and 110 April 5, 2005 WHEREAS. the Facilities Division does not have the budgeted funds necessary to cover the anticipated costs, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure and Budget and Capital Committees, That the Tompkins County Legislature hereby approves the expenditure of up to $50,000 for this work, RESOLVED, further, That the Director of Finance is hereby authorized and directed to make the following budget appropriation up to $50,000 upon completion: FROM: A1990.54440 Contingent Fund $50,000 TO: A1620.54470 Building Repairs $50,000 SEQR ACTION: TYPE 1I-20 RESOLUTION NO. 62 - BUDGET ADJUSTMENT — FACILITIES MOVED by Mr. Penniman, seconded by Ms. Schuler. Mr. Proto said the County had spent close to $500,000 for the solar panels and the mitigation is for the energy loss associated with shadowing. He would like to know the foi mula that determined the amount of mitigation. Mr. Marx explained the formula had been determined some time ago by calculating the energy lost due to shading together with the cost of efficiency improvements that would save the equivalent amount. He explained the shading is primarily in the winter months when energy production is lower. The one-time payment is anticipated to provide annual savings equal to the energy loss. A voice vote resulted as follows: Ayes - 11; Noes - 0; Excused - 4 (Legislators Blanchard, Kiefer, Herrera, and Winch). RESOLUTION ADOPTED. WHEREAS, the City of Ithaca is permitting structures of a height that will permanently shade some portion of the solar panels on the Tompkins County Public Library, causing loss of electricity to be generated for County use, and WHEREAS, the County and City have reached an agreement in this matter whereby to mitigate this partial loss of renewable energy, the City has paid the County $41,000 that the County will use for energy efficiency measures at the Tompkins County Public Library, now therefore be it 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 Revenue Acct Title Amt Approp Acct Title(s) 1620.42797 Other Local Govt. $41,000 1620.54470 Building Repairs Contributions Explanation: Mitigation payment from City of Ithaca to be used towards efficiency measures at the Public Library. SEQR ACTION: TYPE I1-20 RESOLUTION NO. 63 - APPROVING CONTRACT FOR AIRPORT MARKETING AND BUSINESS DEVELOPMENT MOVED by Mr. Penniman, seconded by Mr. Booth. Mr. Proto said he does not feel he can support the resolution, stating that the County has paid approximately $50,000 to benefit the financially unstable airport. He spoke of the long-term parking arrangement made with Cornell University at the time the terminal was built and noted Cornell University's generosity in some areas, however, he feels that paying the salary for a Cornell University employee was not something he could agree to. He then inquired about the potential receipt of the grant referenced in the resolution. Mr. Penniman said the idea is to increase business at the airlines and maintain and improve enplanements, without this happening a potential closing of the airport could require the County to pay several hundred thousand dollars. The 111 April 5, 2005 agreement covers approximately $58,000 for salary with an approximate thirty-two percent fringe rate and an incentive clause if successful with a maximum of $100,000 local share. If the agreement were successful the local share would reduce as it is based on enplanements and the airport would have an improved revenue stream. Mr. Marx reported on the Small Airport Service Grant application, noting that the majority of other eligible airports had received a grant during the last year, greatly improving the possibility of a grant award for Tompkins County. As the grant would be mid -year it would cover approximately one-half the salary amount. Mr. Marx indicated there is a great deal of support from our State legislators for the grant as well. Mrs. McBean-Clairborne expressed a concern the County had invested funds to bring Northwest to Ithaca and now we are being requested to provide additional funding. Mr. Marx explained that the agreement with Northwest is separate with incentives paid by private sources with no County contribution for staff who worked with the Air Service Task Force. The Air Service Committee strongly recommended continuation of a marketing plan and continuation of the present staff who have a working relationship with Cornell alumni and have proven invaluable in the process thus far. He also indicated there are escape clauses for both the County and Cornell. Mr. Whicher said if the work completed after the first year does not indicate success, the agreement would not be continued. Mr. Whicher said the Air Service Task Force had looked at the overall structure that governed the airport and may come forth with recommendations in the future to modify this aspect of the airport. Mr. Booth said the Air Service Task Force was charged with many responsibilities, one of which was to review the Airport's management structure; obtaining an agreement with Northwest Airlines was an addition to the initial charges. Mrs. McBean-Clairborne said she will support the resolution but feels that any fund balances at the end of fiscal years should be retained to provide for difficulties in future years. A voice vote on the resolution resulted as follows: Ayes 10; Noes - 1 (Legislator Proto); Excused - 4 (Legislators Blanchard, Herrera, Kiefer, and Winch). RESOLUTION ADOPTED. WHEREAS, the Ithaca Tompkins Regional Airport has worked with the Air Service Task Force to secure additional commercial air service from a second air carrier beginning May 2, 2005, and WHEREAS, the Air Service Task Force has indicated that the successful negotiation of the agreement for that service was facilitated by staff support provided by Cornell University, and WHEREAS, the Air Service Committee appointed by the Chair of the Legislature has recommended that continuation of the staff services provided by Cornell is essential to the success of the new service and to increasing overall activity and service at the Airport, and WHEREAS, Cornell's funding for staff providing those services ended on March 31, 2005, and WHEREAS, successful marketing and business development efforts at the Airport will increase airport use, revenues, and profitability, and decrease the possibility that the airport might run operational deficits in 2005 and 2006, and WHEREAS, Tompkins County has negotiated an agreement with Cornell University for marketing and business development services the terms of which have been reviewed and approved by the Facilities and Infrastructure Committee, and WHEREAS, the Airport and Air Service Committee are preparing a grant application to seek funds that may support a portion of the cost of this contract, and WHEREAS, it is expected that at least a portion of this contract will be covered by the Airport fund balance and/or a request for contingent funding later in the year, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the Tompkins County Administrator is authorized to execute a one-year contract (April 1, 2005 - March 31, 2006) between Cornell University and Tompkins County in an amount not to exceed $100,000 for marketing and business development services for the Ithaca Tompkins Regional Airport. 112 SEQR ACTION: TYPE 1I-20 April 5, 2005 Report from the Space Needs and Location Committee Mr. Proto, Chair, said the Committee meets on April 13th and will be discussing cost estimates and a summary report for the Health Department, Building Code Analysis and a preliminary discussion of long-term options for the Old Library, short-term options for Office for the Aging, and receive an update on the schedule and scope for the committee. Report from the Health and Human Services Committee Ms. Robertson, Chair, reported the Committee will meet on April 18 at 1:00 p.m. She reported the Community Services Board of the Mental Health Board has made a decision based on the request for proposals regarding the single room occupancy residence; Lakeview Mental Health Services, with offices in Ithaca as the provider. This decision must now be approved by the New York State Office of Mental Health. Minutes It was MOVED by Mr. Booth, seconded by Ms. Robertson, to approve the minutes of March 1 and 15, 2005 as corrected. MINUTES APPROVED. Request for Flag Mr. Lane recommended the flags located at the front of the Legislature chambers be replaced. Adjournment On motion the meeting adjourned at 8:28 p.m. 113 April 19, 2005 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. (Mr. Booth arrived at 5:34 p.m.) Excused: 1 (Legislator Koplinka- Loehr). Mr. Winch was excused at 7 p.m.; Mr. Todd was excused at 7:39 p.m. Presentation of Proclamation(s) Mr. Joseph presented the following proclamations: April 28, 2005 to be Worker's Memorial Day to Brian Goodell; and April 29, 2005 to be Earth Day in Tompkins County to Legislator Dooley Kiefer. Privilege of the Floor by the Public Donald Lifton, Village of Lansing resident, former County Legislator, and former Cornell University Trustee, stated he feels it is time to renew and reassess the issue of town gown relations, particularly the notion of "in lieu of tax payments". He stated it has already been established that this is a good idea, but hopes the Legislature will take the lead in asking what the appropriate level of payment by Cornell University and Ithaca College should be. Mr. Lifton said Cornell has a new President who has made comments that make him appear to be sympathetic to this issue. He noted Cornell Trustees benchmark Cornell against peer institutions. He spoke of Yale University and said it was decided after reexamination of its contribution of payment in lieu of taxes, to increase its contribution to New Haven by 80 percent. He spoke of the impact Cornell University has on Tompkins County and said he hopes this Legislature will address this on behalf of the villages, towns, City, and school districts and lead a coordinated discussion with Ithaca College and Cornell University to explore the appropriate level for the obligation those establishments have to Tompkins County. Rebecca Elgie, City of Ithaca, spoke of a project being undertaken this summer entitled "A Walk for Health Care Reform". Ms. Elgie said the intent of this walk is to try to bring the issues of the need for a universal health care system more into the spotlight and to express the need for so many people who are suffering. There are many elderly and young people who are being hurt by the lack of health care. She distributed information and asked if any Legislator could assist in setting up meetings in the communities, which begins in Kingston and ends in Jamestown, and located on the walk route to contact them. Ms. Elgie noted that last night she was at Ithaca College at a student forum on this issue and Dan Lamb, and Dr. Kilgore spoke; she announced a meeting will be held at Cornell University on April 2011' at 5 p.m. to discuss health care. Presentation of the Distinguished Youth Award Ms. Kiefer, District No. 10, presented the April, 2005 Distinguished Youth Award to Stephanie and Kevin Chu who have studied piano and violin for a number of years. These two musically talented young persons have, for over ten years, volunteered their talent in the service of fund raising for many local non -profits and in brining the pleasure of music to nursing homes. Ms. Kiefer said the pair was nominated for this award in 2003. When she called for an update she was told that after graduating from 114 April 19, 2005 high school a year early, Kevin is now finishing his first year of college in Los Angeles. Stephanie is currently a Junior at Ithaca High School and continues to be involved in many different orchestras. Stephanie has continued her desire to serve the community through music, and has formed a string quartet with three of her high school friends. Ms. Kiefer said Kevin and Stephanie are both honor students, and have served their community in many other ways such as volunteering at the Loaves and Fishes Soup Kitchen, and Stephanie volunteers at the Cayuga Medical Center. At this time Ms. Kiefer presented the Distinguished Youth Award to Stephanie on behalf of her and her brother, who is away at college. Ms. Chu thanked the Legislature for the award and said she and her brother have always enjoyed sharing the musical gifts with the community because while people like many different things, music seems to be one thing that everyone can enjoy. She said it has been a great gift to be able to study music at a young age and because they feel fortunate to have had this opportunity they like to share their gift for a good cause. Privilege of the Floor by Legislators Mr. Totman, District No. 9 Legislator, spoke about the Public Safety Communications System and an article that appeared in today's Ithaca Journal with regard to that subject. He spoke of the Legislature entering into executive session to discuss the project and said he feels this is a project that the public should be informed about. Chairman Joseph responded to Mr. Totman's comments and said the Legislature rarely enters into executive discussion. He said he agreed with the majority of the contents of the Ithaca Journal article. He said it is not acceptable to enter into executive session only because there is fear of a lawsuit; however, a body can go into executive session to discuss legal strategy. He said it is important that when we go into executive session for that purpose that it is restricted to that. Mr. Joseph said most of the documents that pertain to the Public Safety Communications System are internal working documents that are not available under the Freedom of Information Law (FOIL). However, that does not necessarily mean that they can be discussed in executive session as the legal requirements for executive session are much stricter. Mr. Joseph said he believes this Legislature has been good about practicing the principal of allowing access to information when it can. He said he believes it is now time for the Public Safety Communications System to be more openly presented to the public and he has been working with staff to see that public presentations are made in the very near future. Mr. Penniman, District No. 15 Legislature, said he agrees with Mr. Joseph's comments and said it has been his observation that when private discussions take place with regard to the Public Safety Communications System there have been very necessary reasons for doing so. He suggested that in the future it might be a good idea to review the protocols for executive session prior to entering one and that the Chair monitor that the discussion stays on track. Ms. McBean-Clairborne, District No. 2 Legislator, thanked Rebecca Elgie for her comments under Privilege of the Floor by the Public with regard to health-care reform. She said it is important that those individuals who have had real difficulty getting health care be part of the panel for the meeting Ms. Elgie spoke about. She also thanked Stephanie and Kevin Chu for recognizing there are many individuals who have not been fortunate to have the opportunities they have had and for sharing their music with them. Ms. Herrera, District No. 5 Legislator, spoke of the issue raised pertaining to health care reform and stated often poor people have to spend a bigger proportion of their income on health care. She said she will be on the panel at tomorrow's forum at Cornell as is Tim Joseph. Ms. Herrera said she heard about a local Ithaca Downtown Partnership meeting at which some local people were honored and at 115 April 19, 2005 which labor was made the butt of a joke. She said she is outraged that such a thing could take place at a public meeting. Ms. Blanchard, District No. 1 Legislator, responded to Ms. Herrera's comments and said she was at the Ithaca Downtown Partnership meeting and did not hear the insult about labor. She also spoke about the Public Safety Communications Project and today's article in the Ithaca Journal. She said while she agrees with many of the points that were made, it left the impression with people that this is the way the County has conducted business all along. She reminded everyone that this not the way business was conducted from the start and said the Committee has gone to great lengths to make sure people knew what was going on and referred to the many maps and reports that have been presented. Mrs. McBean-Clairborne, District No. 2 Legislator, said she was in attendance at the meeting of the Ithaca Downtown Partnership referred to by Legislator Herrera and said she was very disappointed at some of the comments and actions that took place. She said the actions she observed were very disturbing to her and said she is planning to send an email to the Ithaca Downtown Partnership. Mr. Proto, District No. 7 Legislator, said although he has been a frequent critic of tax exemptions, he has asked the Planning, Development and Environmental Quality Committee to review particular ones. He alerted the Legislature that he will be bringing a resolution to the next meeting requesting that the Government Operations Committee consider a process that includes another tax exemption for individuals working for fire companies. Mr. Proto also spoke of the recent death of the Pope and said he was very disappointed that even at the request of the President, this County did not fly a flag at half staff for one day. Aside from religious convictions, this individual has had an influence on humanitarianism, world peace, and improving the human condition wherever he went. He said he was very disappointed that the County could not express its condolences and honor someone who has had an impact on so many items that are discussed by this Legislature on a daily basis. Mr. Totman, District No. 10 Legislator, spoke of Ms. Blanchard's announcement today that she is not running for reelection to this Legislature and expressed disappointment in her decision. Mr. Booth, District No. 3 Legislator, said he agrees with Chair Joseph's statements about the importance of the Freedom of Information Law. He stated he believes that Legislature had adequate reasons to enter into executive session when it recently did, respecting the Public Safety Communications Project and that some comments made during that session should not have been made there but in a public forum. However, he also agrees with Ms. Blanchard that this Legislature generally does a good job of keeping its business in the public view and that it has not been hiding the details of this project from the public. Ms. Robertson, District No. 13 Legislator, announced there will be a special presentation at the Cortland Holiday Inn on May 17`h that the Tompkins County Health Department is involved in. It will be a panel discussion by representatives of many different counties on various subjects including dental care, mental health, obesity, and stroke. Ms. Robertson also reminded Legislators and the public about a gourmet dinner -to -go that is being held to benefit the Drop-in Children's Center. Mr. Lane, District No. 14 Legislator, said there are some good things contained in the New York State Budget with respect to Tompkins Cortland Community College. He noted it is still unknown how funding will be handled for public schools in New York City and rural areas. Mr. Lane updated the Legislature on the Indian land claim issue and said after a decision by the New York State Supreme Court the Oneida's have asked the Department of Interior to place all 17,000 acres in the Indian land - claim area in Oneida and Madison counties into trust. 116 April 19, 2005 Ms. Kiefer, District No. 10 Legislator, distributed information on the 7111 Annual Earth Day Celebration to be held on April 24 from noon to 5 p.m. at the Ithaca Farmer's Market. The Environmental Management Council will have displays on renewable energy and problems associated with open burning of household waste. The Water Resources will have a display again on the differences between two stroke and four stroke engines and what they do to the lake. They are also planning an exhibit on what phosphorous means to the Lake. TCAT will also have a hybrid bus in town that will be available for the public to ride. Mr. Todd, District No. 6 Legislator, distributed a chart showing the percent change in the tax rate, assessed value, and total tax levy from 2001 to 2005. He said he is not making any recommendations at this point; however, after passage of the 2005 budget by one vote, it is obvious a budget needs to be adopted that is acceptable to a larger number of Legislators. He also said a 65 percent tax increase in five years is way in excess of the increase in income of property owners and the increases are especially difficult for taxpayers on fixed incomes. Mr. Todd said Legislators must consider taxpayer's ability to pay when developing a budget. Special Presentation - Tompkins Cortland Community College Dr. Carl Haynes, President of Tompkins Cortland Community College, presented the Legislature with a report on the State of the College. Dr. Haynes said there has been a focus on developing a learning -centered College and many initiatives are underway to achieve that goal. He highlighted the Critical Success Areas, Major Objectives for 2004-2005, and the Budget for 2004-5005. A copy of the President's Annual Report was submitted for the record. Dr. Haynes noted all photos in the report were taken by TC3 students. Chair's Report and Appointment(s) Mr. Joseph had no report or appointments. Report from the County Administrator Mr. Whicher had no report. He requested an executive session to discuss union negotiations. He reported the White Collar and Blue Collar unions have declared an impasse and the process will now move into the mediation phase. He reported negotiations are still taking place with the Jail Corrections Unit. Mr. Whicher said he has prepared a graph of Tompkins County and comparable counties for the last four years and where they have included increases in sales tax in funding their government. He said this will help legislators evaluate how Tompkins County has done in comparison with other counties. Mr. Whicher asked for the Legislature's confirmation for the reappointment of Anita Fitzpatrick as Personnel Commissioner for a six-year term. Mr. Proto referred to the Resolution Routing Form distributed by the Clerk of the Legislature. He referred to the present process of approving contracts and said there may be times when Legislators may not be aware that the County is approving certain contracts and therefore, may not know to make a disclosure of an association with a company. Mr. Whicher said when Administration approves a contract as part of a Capital Program the program committee is provided a report. He offered to extend that report to other interested legislators. It was MOVED by Ms. Blanchard, seconded by Ms. Herrera, and unanimously adopted by voice vote by members present, to reappoint Anita Fitzpatrick to the position of Personnel Commissioner for a six-year term. Ms. Herrera stated Ms. Fitzpatrick, who holds a very difficult position, has served the County well and is one of the most compassionate and practical employees the County has. She said it makes her proud to second the motion for her reappointment. 117 April 19, 2005 Report from the County Attorney Mr. Wood had no report. Report from the Finance Director Mr. Squires announced the annual tax foreclosure auction will be held on June 9. There are seven properties totaling $124,000. He also reported on first-quarter sales tax receipts and stated the total receipts were $6.2 million, which is an increase over last year's receipts of $6.1 million. He noted there was a material shift in activity between sales inside and outside of the City. Addition of Resolution(s) to the Agenda It was MOVED by Ms. Robertson, seconded by Mr. Penniman, and unanimously adopted by voice vote by members present, to add to the agenda the resolution entitled Resolution Urging Amendment of New York State Public Health Law 4173 to Increase Vital Records Fees — Health Department. Withdrawal of Resolution(s) from the Agenda There were no resolution(s) withdrawn from the Agenda. Approval of Resolution(s) Under the Consent Agenda It was MOVED by Mr. Proto, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present, to approve the following resolution(s) under the Consent Agenda: RESOLUTION NO. 64 - AWARD OF CONTRACT- GROUND TRANSPORTATION SERVICES - ITHACA TOMPKINS REGIONAL AIRPORT MOVED by Mr. Proto, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the Airport's ground transportation services contract with Ithaca Airline Limousine (IAL) expired on December 31, 2004, and WHEREAS, a Request for Proposals (RFP) was duly advertised and one proposal was received from Ithaca Dispatch of Fifth Street, Ithaca, and WHEREAS, the Air Service Committee deems it desirable to have as much flexibility as possible while it formulates a long-term plan for the airport, and WHEREAS, the Air Service Committee requested that the Airport Manager negotiate a flexible contract with Ithaca Dispatch, in accordance with the provisions detailed in the RFP, and WHEREAS, Ithaca Dispatch was agreeable to a one-year contract with options to renew annually for a further four years, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the County Administrator be authorized to sign a one-year contract with Ithaca Dispatch commencing on May 1, 2005, with options to renew annually for a further four years until April 30, 2010. SEQR ACTION: TYPE II -20 RESOLUTION NO. 65 - AWARD OF BID — TRANSIENT APRON REHABILITATION - ITHACA TOMPKINS REGIONAL AIRPORT 118 April 19, 2005 MOVED by Mr. Proto, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the Finance Department advertised and received three bids for the Transient Apron Rehabilitation at the Ithaca Tompkins Regional Airport, and WHEREAS, the lowest responsible bid of $1,422,995.00 was submitted by Boland's Excavating & Topsoil of Conklin, NY, and WHEREAS, the budget for this construction project is as FAA Share (95.0 percent) Account No. 5601.44592 NYSDOT Share ( 2.5 percent) Account No. 5601.43592 Local Share ( 2.5 percent) Account No. HT 5601.45031 *Non -Eligible Local Cost Total follows: $1,328,095.00 $ 34,950.00 $ 34,950.00 $ 25,000.00 $1,422,995.00 *Cost of repairing a portion of the T -Hangar pavement that is not eligible for Federal funding. 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 Boland's Excavating and Topsoil of Conklin, New York, RESOLVED, further, That the Finance Director be authorized to borrow monies if necessary, until reimbursement is received from the FAA and NYSDOT, RESOLVED, further, That the local share of $34,950 and the $25,000 of non -eligible local cost be and hereby is included in the airport operating budget for 2005, RESOLVED, further, That the County Administrator be and hereby is authorized to execute a contract with Boland's Excavating and Topsoil. SEQR ACTION: TYPE II -2 RESOLUTION NO. 66 - IN SUPPORT OF THE ITHACA TOMPKINS REGIONAL AIRPORT'S APPLICATION FOR A FEDERAL SMALL COMMUNITY AIR SERVICE GRANT MOVED by Mr. Proto, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the economy in Tompkins County is thriving and our principal economic sector, educational services, is instrumental in keeping unemployment at the lowest rate in New York and continues to create spin-off businesses that ensure a bright future for Ithaca and the surrounding area, and WHEREAS, Ithaca was recently named the foremost emerging Metropolitan Statistical Area in the nation by Cities Ranked and Rated, and WHEREAS, since September 1 1, 2001, the air service provided to the Ithaca Tompkins Regional Airport has been severely reduced in terms of frequency and destinations served, thus inhibiting the ability of the airport to serve the needs of the local business and educational community, and WHEREAS, the lack of convenient air service and uncompetitive airfares are threatening to harm the County's burgeoning economy, and WHEREAS, the Air Service Committee and Air Service Task Force, working on behalf of the Tompkins County Legislature have taken steps that have brought a groundswell of community support leading to partial relief of the air service situation by bringing limited additional air service to the airport, and WHEREAS, this effort will require ongoing financial support and a protracted effort to sustain and increase air service and airport usage, and WHEREAS, the federal Small Community Air Service grant program, that was designed to assist communities like Tompkins County with creating sustainable air service and reducing airfares, can 119 April 19, 2005 greatly assist our efforts by helping to finance the necessary marketing and incentives program, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the Tompkins County Legislature does unanimously support the Ithaca Tompkins Regional Airport's application for a Small Community Air Service grant, RESOLVED, further, That recognizing the importance to the community of better air service and lower airfares, the congressional representatives of Tompkins County be urged to vigorously support the Airport's application. SEQR ACTION: TYPE 11-20 RESOLUTION NO. 67 - APPROVING ACCEPTANCE OF LARGER GRANT FOR DAY CARE PROVIDER REGISTRATION, INSPECTION, AND COMPLAINT INVESTIGATION, WITH ASSOCIATED ADJUSTMENTS TO SUBCONTRACT TERMS AND COUNTY BUDGET — DEPARTMENT OF SOCIAL SERVICES MOVED by Mr. Proto-seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the 2005 budget presently anticipates that the Department of Social Services will pass through to the Day Care and Child Development Council of Tompkins County $99,360 of 100 percent Federal funds to register, inspect, and investigate complaints regarding day-care providers, and WHEREAS, the Department has received notice that $8,391 in additional funding is available to support these activities, now therefore be it RESOLVED, on recommendation of the Health and Human Service Committee, That the Department of Social Services is authorized to accept and pass through to the Day Care Council the additional Federal funds through its "Day Care Provider Registration, Inspection, and Complaint Investigation" contract, RESOLVED, further, That, in order to reflect the increased value of the grant and contract, the Director of Finance shall make the following budget adjustment on this year's books: REVENUE: A6010.44610 Fed: Social Services Admin $8,391 APPROPRIATION: A6010.54442 Professional Services $8,391 SEQR ACTION: TYPE 11-20 Approval of Appointment(s) Under the Consent Agenda It was MOVED by Mr. Proto, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present, to approve the following appointment(s) under the Consent Agenda: Economic Development Loan Oversight Committee Kathy Herrera, - Chair of the Planning, Development and Environmental Quality Committee; serves at the pleasure of the Legislature Traffic Safety Board — terms expire December 31, 2007 George Totman — Public Safety Committee member Peter Penniman — Public Safety Committee member Emergency Communications Review and Oversight Committee Andrew Down — Volunteer Fire/EMS Chief's Association representative; term expires December 31, 2007 120 April 19, 2005 Environmental Management Council David Lessinger — Town of Ulysses representative; term expires December 31, 2005 Tompkins County Workforce Development Board Ellen A. O'Donnell — TST BOCES, representative; term expires June 30, 2007 Report and Presentation of Resolution(s) from the Health and Human Services Committee Ms. Robertson, Chair, announced April 29th will be the last day of work for Marge Dill, Executive Director of the Human Services Coalition. A celebration for Ms. Dill will be held on May 2nd at 4:30 p.m. at the Mural Lounge. At the last meeting Ms. Dill spoke to the Committee about what she has seen during her 13 years with the Coalition, emphasizing the impacts of cutbacks on both workers and services. Ms. Robertson announced there will be site visits scheduled for agencies under review by the Human Services Coalition. Ms. Robertson said the Committee heard a report from Holly Gump from the Health Department on the WIC (Women Infants and Children) Program. She reported although the program reaches more than 1,550 in the program monthly, this represents only 56 percent of those eligible for the program. Irene Stein, Chair of the Human Services Cabinet, brought to the Committee's attention work that is being done on a demographic planning committee, which is in response to a conversation the Committee had relative to aging services. The Committee also received an update from the County Administrator on the State Budget. The next meeting will be May 4th at 10:30 a.m. RESOLUTION NO. 68 - RESOLUTION URGING AMENDMENT OF NEW YORK STATE PUBLIC HEALTH LAW 4173 TO INCREASE VITAL RECORDS FEES — HEALTH DEPARTMENT MOVED by Ms. Robertson, seconded by Mr. Penniman, and unanimously adopted by voice vote by members present. WHEREAS, vital records are documents such as birth and death certificates that can be obtained directly from the State, under the jurisdiction of the Commissioner of Health, or from the "primary registrant" of a municipality, and WHEREAS, the State Commissioner can charge $30 per document, yet under Public Health Law, Tompkins County is only able to charge $10 per document, and WHEREAS, historically, the amount that the State has charged and the amount localities have charged for vital records have been in statutory lockstep and amending the Public Health Law would eliminate the current discrepancy between the fees charged by the State and the County of Tompkins for the same documents and establish a new permissive standard which would allow the County of Tompkins to charge up to the amount charged by the State for vital records, and WHEREAS, in July of 2004 the State amended the Public Health Law to allow Monroe County to charge up to the amount charged by the State for vital records, now therefore be it RESOLVED, on recommendation of the Health and Human Services and Budget and Capital Committee and the Tompkins County Legislature, That this Legislature urges the New York State Legislature and the Governor to amend Section 4173 of the Public Health Law to allow Tompkins County to charge up to the amount charged by the State for vital records, RESOLVED, further, That the Clerk of the Legislature is hereby directed to send a certified copy of this resolution to the Governor, the New York State Legislators representing Tompkins County and all others deemed necessary and proper. SEQR ACTION: TYPE 1I-20 Report and Presentation of Resolution(s) from the Planning, Development and Environmental Quality Committee 121 April 19, 2005 Ms. Herrera, Chair, reported the Tompkins County Comprehensive Plan has been published and is available on the County's website. She said this has been worked on for a very long time and is the result of a lot of collaborative work. The Strategic Tourism Plan has been distributed to all Legislators; Ms. Herrera asked that the Plan be reviewed prior to the next meeting of this Legislature when it will be acted upon. She called attention to the action steps contained in the Plan and noted that while tourism is estimated to have brought in over $100 million in 2003, what is special and unique about Tompkins County was still preserved. At today's meeting the Committee discussed the budget of the Ithaca - Tompkins County Transportation Council, received a report from Commissioner Marx, and discussed community celebrations and block grants. The next meeting will be May 6th at 2:30 p.m. RESOLUTION NO. 69 - FUNDING OF COMMUNITY CELEBRATIONS GRANTS MOVED by Ms. Herrera, seconded by Mr. Proto. Mr. Totman said he felt there are too many grants being funded for celebrations within the City of Ithaca in comparison with the number approval for other areas of the County. Ms. Herrera said there is no effort being made to balance the number of grants allocated between the City and rural areas and noted there were many more rural grants approved in the fall round of funding. Ms. Herrera said these are celebrations grants, awarded based on merit, and the importance of them is to build community. Ms. Kiefer asked if the County Historian had been involved in the recommendations and was told Ms. Kammen, County Historian, Chairs the Grant Review Committee. There was a brief discussion about whether celebrations were a legitimate expenditure under tourism. Mr. Joseph said when the County increased the Room Tax it was specifically stated that it would not all go for tourism and that a portion would go towards celebrations. A voice vote resulted as follows: Ayes — 11, Noes — 2 (Legislators Totman and Todd), Excused — 2 (Koplinka-Loehr and Winch). RESOLUTION ADOPTED. 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 Legislature 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: City of Ithaca Turtle Garden Celebration $ 750 City of Ithaca National Volunteer Week Celebration 379 Town of Danby Danby Fun Day 1.978 City of Ithaca National Children's Mental Health Week Carnival 900 City of Ithaca Ithaca Youth Bureau Community Celebration 2,000 Village of Dryden Victorian Winter 2005 Festival 1,922 Town of Caroline National Register Celebration 707 Town of Enfield Enfield Harvest Festival 2005 1,300 City of Ithaca Police Dept. Open House 1,200 City of Ithaca National Night Out 2005 800 City of Ithaca Juneteenth 2005 2,000 $13,936 RESOLVED, further, That the County Administrator or designee shall be authorized to sign any documents related to the aforementioned projects. SEQR ACTION: TYPE 11-20 122 April 19, 2005 [Mr. Winch was excused at this time.] RESOLUTION NO. 70 - APPROPRIATION OF 2005-2006 BUDGETS FOR THE ITHACA- TOMPKINS COUNTY TRANSPORTATION COUNCIL MOVED by Ms. Herrera, seconded by Ms. Schuler. A short roll call vote resulted as follows: Ayes — 13, Noes — 0, Excused — 2 (Legislators Koplinka-Loehr and Winch). RESOLUTION ADOPTED. 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 WHREAS, the Ithaca -Tompkins County Transportation Council has grant authorizations for its 2005-2006 fiscal year, beginning April 1, 2005, and ending March 31, 2006, in the amounts of $203,776 from the Federal Highway Administration and $33,951 from the Federal Transit Administration, and WHEREAS, the Policy Committee of the Ithaca -Tompkins County Transportation Council has adopted Resolution 05-2, Approval of the 2005-2006 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 A" to this resolution, be amended in the 2005 Tompkins County budget and that the County Finance Director be authorized to expend such funds for the period of April 1, 2005 through March 31, 2006. SEQR ACTION: TYPE I1-20 ATTACHMENT A 2005-2006 ITCTC OPERATING BUDGET CODE DESCRIPTION 05/06 FHWA 05/06 FTA 05/06 TOTAL .4959 REVENUES: FEDERAL AID $203,776 $33,951 5237,727 EXPENSES: COMBINED SALARIES 124,125 21,904 146,029 .8800 FRINGE 48,409 8,543 56,952 .2206 COMPUTER EQUIPMENT 500 01 500 .2210 OTHER EQUIPMENT 500 0 500 .2212 FURNITURE & FIXTURES 500 0 500 .2230 COMPUTER SOFTWARE 200 100 300 .4303 OFFICE SUPPLIES 1,800 200 2,000 .4330 PRINTING 696 200 896 .4332 BOOKS/PUBLICATIONS 200 1001 300 .4400 PROGRAM EXPENSE 5,000 0 5,000 .4402 LEGAL ADVERTISING 1,500 0 1,500 123 April 19, 2005 .4412 TRAVEL/TRAINING 1,596 404 2,000 .4414 LOCAL MILEAGE 1,200 300 1,500 .4416 PROFESSIONAL DUES 300 300 600 .4424 EQUIPMENT RENTAL 3,500 0 3,500 .4425 SERVICE CONTRACTS 1,500 0 1,500 .4432 RENT 600 0 600 .4442 PROFESSIONAL SERVICE FEES 2,800 200 3,000 .4452 POSTAGE SERVICES 3,000 500 3,500 .4472 TELEPHONE 2,250 300 2,550 .4618 INTERDEPARTMENTAL CHARGE 1,000 500 1,500 .4905 CENTRAL COST ALLOCATION 2,600 400 3,000 TOTAL EXPENSES 203,776 33,951 237,727 Report and Presentation of Resolution(s) from the Budget and Capital Committee Mr. Booth, Vice Chair, reported the Committee met on April 12 and heard a preliminary estimate from Mr. Whicher of fringe benefits over a several -year period. The Committee had a discussion about the factors driving up those costs and one specific area of increase is the County's prescription drug costs. The Committee approved several requests to fill positions and had a long executive session regarding the reappointment of the Personnel Commissioner. RESOLUTION NO. 71 — AFFIRMING TOMPKINS COUNTY'S COMMITMENT TO BEING A DIVERSE AND INCLUSIVE ORGANIZATION BY CREATING A COMPREHENSIVE DIVERSITY AND INCLUSION PROGRAM MOVED by Mr. Booth, seconded by Mrs. McBean-Clairborne. Ms. Kiefer offered several amendments that after discussion were accepted as friendly and incorporated into the resolution. Ms. Blanchard called attention to the last Resolved in which a statement is made that "...the Legislature will provide the necessary resources to develop and implement the Count's diversity and inclusion program as drafted by the Workforce Diversity and Inclusion Committee and pending further action by the Legislature". Mr. Totman said he does not support spending County resources because of one incident and questioned what happened to the existing Affirmative Action Plan. Mrs. McBean-Clairborne said this will cost money, resources, and a commitment by Tompkins County to change its culture. She said this is about making a culture change in a County that is committed to making sure that everybody feels that this is a welcoming environment. Mrs. McBean- Clairborne said while the County does have an Affirmative Action Plan, there is much more that needs to be done in the area of diversity and inclusion in Tompkins County. Ms. Herrera supports the statement by Legislator McBean-Clairborne and said this cannot be ignored. She guarantees that in the current fiscal climate the County will act as cost efficiently as possible. It was MOVED by Ms. Herrera, seconded by Mr. Lane, and unanimously adopted by voice vote by members present, to Call the Question. 124 April 19, 2005 A voice vote resulted as follows: Ayes — 11, Noes — 2 (Legislators Todd and Totman), Excused — 2 (Koplinka-Loehr and Winch). RESOLUTION ADOPTED. WHEREAS, Tompkins County wishes to establish a foundation for diversity and inclusiveness for all of county government, to make diversity work as well as matter in all we do, and WHEREAS, Tompkins County recognizes "diversity" as encompassing different personal characteristics such as race, age, sex, national origin, religion, sexual orientation, gender identity, ex - offender status, disability status, and veteran status, as well as respecting, learning about, and learning from the differences and similarities each individual or group brings to the work of county government, and WHEREAS, Tompkins County recognizes inclusion as encompassing a culture change that results in a welcoming atmosphere for residents and staff from diverse backgrounds and with diverse attributes, and that creates organizational effectiveness in the way county government provides opportunities, services, interaction, communication, information, and decision-making to leverage the potential of its diversity and that of the county, and WHEREAS, Tompkins County wishes to demonstrate its commitment to diversity and inclusion by ensuring all employees, volunteers, and clients treat each other with dignity and value, respect differences, recognize and respond effectively to differences, and identify and remove systemic and historical barriers to embracing diversity and inclusiveness, and WHEREAS, Tompkins County recognizes that an effective and successful diversity and inclusion initiative must include, among other attributes: established equal -opportunity and affirmative - action programs to ensure equal access to employment opportunities; regular training on affirming diversity and inclusiveness; flexibility within organizational culture that addresses work and life issues; well-defined and well -communicated policies of non-discrimination and non -harassment; well- documented and understood complaint procedures for addressing discrimination issues; and a physical space that represents diversity and inclusion, now therefore be it RESOLVED, on recommendation of the Budget and Capital Committee, That the Tompkins County Legislature fully supports a diversity and inclusion initiative by affirming the existence of the Workforce Diversity and Inclusion Committee, convened/commissioned by the Chair of the Legislature in February, 2005, and made up of community members, employees, and other interested parties, RESOLVED, further, That the Tompkins County Legislature charges the Workforce Diversity and Inclusion Committee with developing for the County a draft workforce diversity and inclusion plan that addresses the County's commitment to diversity and inclusion, RESOLVED, further, That the Workforce Diversity and Inclusion Committee is also charged with reviewing the County's 1997 Affirmative Action Plan, and developing for the County a draft implementation plan for the workforce diversity and inclusion initiative, RESOLVED, further, That the Workforce Diversity and Inclusion Committee will work closely with any internal staff teams to advise on interim steps for recruitment, hiring, and retention of persons with diverse backgrounds and attributes for County employment, RESOLVED, further, That the Tompkins County Legislature will provide the necessary resources to develop and implement the County's diversity and inclusion program as drafted by the Workforce Diversity and Inclusion Committee and pending further action by the Legislature. SEQR ACTION: TYPE 11-20 [Mr. Todd was excused at 7:39 p.m.] RESOLUTION NO. 72 - AUTHORIZING THE ADVANCE OF UP TO $2,000,000 OF STATE TRANSIT OPERATING ASSISTANCE (STOA) TO TOMPKINS CONSOLIDATED AREA TRANSIT (TCAT) 125 April 19, 2005 MOVED by Mr. Booth, seconded by Ms. Herrera, and unanimously adopted by voice vote by members present. WHEREAS, the Tompkins Consolidated Area Transit Inc. (TCAT) was originally formed under a partnership agreement among Tompkins County, Cornell University and the City of Ithaca effective January 1, 1999, and WHEREAS, each party makes an annual contribution of equal amounts to support TCAT, and WHEREAS, the timing of State Aid payments severely impairs the financing of operations, and WHEREAS, in order to address the TCAT partners' outlays for transit operations, it is proposed that the County distribute to TCAT estimated second, third, and fourth quarter State Transit Operating Assistance (STOA) payments anticipated within the 2005 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 2005 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 County Legislature. SEQR ACTION: TYPE 1I-20 Report from the Strategic Planning Committee No report was given for this Committee. Report from the Government Operations Committee Mr. Lane, Chair, reported the Committee will meet tomorrow at 2:30 p.m. Report from the Public Safety Committee Mrs. McBean-Clairborne, Chair, reported the Committee met on April 7thIn addition to discussing the Public Safety Communications Project, the Committee received a presentation from Offender Aid and Restoration about that program. The Committee was informed by the Assigned Counsel Program that the program received State reimbursement for indigent legal services in the amount of $247,000; $200,000 was budgeted for 2005. Don Barber, Town of Caroline Supervisor, was in attendance and updated the Committee on discussions that have taken place in Intermunicipal Committee relating to police services. Mrs. McBean-Clairborne said there was a discussion about boardout costs with expenses for January and February being $38,000; she said this continues to be monitored closely. The next meeting will be May 5th at 2 p.m. Mr. Proto noted that he and Ms. Robertson are on the Intermunicipal Committee along with Cathy Valentino, Steve Farkas, Don Barber, and Maria Coles, and they met this morning with City Deputy Police Chief and a New York State Police representative. Report from the Facilities and Infrastructure Committee Mr. Penniman, Chair, reported the Committee met a week ago and discussed the Highway Plan and the design process for some of the projects that are coming up in the next few years. 126 April 19, 2005 Ms. Blanchard, Chair of the Air Services Committee, stated the Air Services Committee is comprised of seven members and meets the second and fourth Monday of each month at 4 p.m. It reports to the Facilities and Infrastructure Committee. Sub -working groups of marketing, outreach, strategic planning, and small communities air services grant have been established with staffing provided by the Airport Manager and his staff. Ms. Blanchard announced the ribbon -cutting will be held on May 2nd 11 a.m. to 1 p.m. to officially welcome Northwest Airlines. She also called attention to Flylthaca.com, new special website that offers a single interface to search for the best airfares from Ithaca to the world. Report from the Space Needs and Location Committee Mr. Proto, Chairman, reported the Committee met on April 13 and had a very worthwhile discussion on the Health Department with the consultant. The consultant distributed a draft of the needs of the Health Department that is currently under review by Alice Cole and Committee members. Once the review is complete the summary report will come back along with finance costs estimates. Mr. Proto said the second item that received a lot of discussion was use of the Old Library and how it might be used as a center -of -government building. At the next meeting on May 11t11 he expects to have a preliminary financial analysis with regard to the Old Library. Approval of Minutes of April 5, 2005 It was MOVED by Mr. Booth, seconded by Ms. Schuler, and unanimously adopted by voice vote by members present, to approve the minutes of April 5, 2005 as corrected. MINUTES APPROVED. Recess Mr. Joseph declared recess from 8:05 p.m. to 8:10 p.m. Executive Session It was MOVED by Mr. Booth, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present, to enter into executive session at 8:10 p.m. to discuss salary negotiations. The meeting returned to open session at 8:40 p.m. Adjournment On motion the meeting adjourned at 8:40 p.m. 127 May 3, 2005 Regular Meeting Call to Order Mr. Joseph called the meeting to order at 5:35 p.m. Pledge of Allegiance to the Flag and Roll Call of Members Members and guests participated in the Pledge of Allegiance to the Flag. Present: 14 Legislators. Excused: 1 (Legislator McBean-Clairborne). Presentation of Proclamations Mr. Joseph read the proclamations: • May 2005 Mental Health Awareness Month - Accepted by Reed Slaschen, VISTA worker. Mr. Slaschen thanked the Legislature, and specifically Ms. Schuler for her support on mental health issues. • May 2005 Older American's Month — Katrina Schickel Office for the Aging employee thanked the Legislature for the proclamation. She said that given the emerging demographic change it is really important to recognize the needs of Older Americans. • May 7th Suicide Survivor's Day/Week of May 7-14 Suicide Prevention Week — Kris Bertelsen thanked the Legislature and said a free program will be open to the public and will include six surviving siblings of a suicide 32 years ago. Privilege of the Floor by the Public No member of the public wished to speak. Privilege of the Floor by Legislators Ms. Blanchard, District No. 1 Legislator, reported the United Way Campaign has ended and exceeded of their goal of $1.8 million. She thanked all County employees and staff for their contributions and efforts to meet the goal. Mr. Winch, District No. 8 Legislator, spoke of a recent article in the Cornell University Paw Print, a publication of Cornell workers that highlighted the 2005 Constance E. Cook and Alice H. Cook Recognition Awards on April 26th. He said fellow Legislator Kathy Luz Herrera was one of the recipients of the award named in honor of Constance Cook, Cornell's first woman vice president, and Alice Cook, emeritus faculty at the School of Industrial Labor Relations. Ms. Herrera was noted for her raising equality and diversity issues and for advocating on behalf of workers. Mr. Winch said the awards have been given over a ten-year period and that Ms. Herrera is in good company. The full Legislature offered congratulations to Ms. Herrera. Mr. Penniman, District No. 15 Legislator, reported a presentation of the Public Safety Communications System had taken place prior to the Legislature meeting and will be aired on public television over the course of the next several weeks. He said the standard coverage is ninety-five percent of the County and is an improvement over the present system. In addition, he noted that the topography of the County makes it difficult for full coverage. Mr. Penniman said additional towers would actually have a diminished benefit due to interference of transmitters. The five to six percent of the area that is not included has had a good -faith effort to cover and represents only approximately one percent of structures 128 May 3, 2005 in the county. Mr. Totman clarified that while not having ninety-five percent coverage it does not mean this area does not have any coverage, it is a lesser signal. Ms. Robertson, District No. 13 Legislator, made the following announcements: the Tompkins County Health Department will be holding a series of rabies clinics this month; an Emergency Preparedness Workshop given by Carol Griep of the Health Department will be held on Friday, May l 3th. It will address the importance of creating a family communication plan. Ms. Robertson then spoke of the Congressional budget and the recent editorial in the Baltimore Sun Journal that spoke unfavorably about cuts in critical areas covering health and the needy while reducing tax burden for those who have large incomes. She said that these national policies will have the usual trickle-down effect to the local governments. Mr. Proto, District No. 7 Legislator, said that he had spoken at the previous meeting about his desire to have a resolution providing tax exemptions to volunteer fireman. Upon discussions with members of the Government Operations Committee, he will be working with Ms. Coggin, Assessment Director, to craft a resolution that will be brought through the Committee. Mr. Proto then spoke of the Universal Service Fund fee recovery charge increase from 10.7 percent to 11.1 percent of interstate retail calls. He said following Ms. Robertson's suggestion that the Health Planning Council determine possible funding for services from this fund, information is being gathered to forward to appropriate medical facilities in the County. Mr. Proto said the retirement dinner for Human Service Coalition Executive Director Marge Dill was sad for those attending but a happy one for Ms. Dill and he wished her well. Mr. Totman, District No. 9 Legislator, said he is in agreement with Mr. Proto about offering a tax exemption to volunteer fireman. He said volunteers are required to undergo extensive training and believes the resolution may provide an incentive for individuals to volunteer. Mr. Totman said the Village of Groton offers a $500 reduction on property taxes for their volunteers and is a small way to thank people for their service. Ms. Kiefer, District No. 10 Legislator, said she was pleased to hear a great deal of Pete Seeger's music on the radio today as he is celebrating his 86th birthday. She said in addition to enjoying his music she respects the work he has done for labor, and more recently focusing on cleaning up the Hudson River and our environment. Mr. Lane, District No. 14 Legislator, said the New York State Courts are becoming involved in the proposed budget; stating the 6.1 billion court-ordered funding for New York City Schools and those necessary upstate has been side-stepped. He then said he was privileged to be part of the Northwest Airline inaugural delegation that flew to Detroit and back. Mr. Lane spoke of the tour received at the facility that provides a national and international hub for air service. He said it compliments US Air service that we presently have. Mr. Lane suggested individuals go to the flyithaca.com site for more information on air service in Tompkins County. Mr. Booth, District No. 3 Legislator, said he believes the most significant problem in Albany is the enormous difficulty in achieving a rational State budget process and trying to change that situation. He said the two most substantial opponents of a proposed constitutional amendment to improve the State's budget process are the current governor and current attorney general. He stated further that changing the status quo in Albany is a bi-partisan job and a large one. Report from Municipal Official(s) Maria Coles, Ithaca Common Council member, spoke of her pleasure speaking to the Legislature on topics related to the City of Ithaca. She reported that the first meeting between Common Council, the Mayor, and three County Legislators representing the City of Ithaca took place recently. At that meeting it was determined to meet on a quarterly basis as well as a recognition that this would be a way to develop more understanding between the County Legislature and the City of Ithaca. Additionally, it was 129 May 3, 2005 suggested by Legislator Blanchard that the City provide information relating to special presentations that may be of interest to the full Legislature to assist in bridging any differences. Ms. Coles said the City's Workforce Diversity Committee has continued to investigate how to improve the City workforce and is presently meeting with department heads and other staff members to determine what diversity means for the City and what advantages a diverse workforce may provide. She then reported that on April 29th the end -of -year parties on South Hill were the most successfully managed and contained. She said numerous comments were received from residents and she wished to extend appreciation to Mayor Peterson who committed considerable City resources to provide assurance that these functions would not result in injuries or property damage. Additionally, Ithaca City Police Chief Signor's plans to minimize problems, exhibiting patience with firmness if necessary, as well as the assistance of Ithaca College officials made the event successfully contained. Ms. Coles hopes that with time activities such as this end -of -year function will diminish. Ms. Coles invited members of the Legislature to the Public Forum at 7:00 p.m. at the Women's Community Building regarding future plans for Southwest Park. Mr. Booth inquired whether the same level of planning would be occurring for the upcoming Cornell University function on Slope Day. Ms. Coles said that the number of public safety officers and larger number of students involved would make it prohibitive. Mr. Penniman said that one issue between the County and the City is the sales tax exemption on clothing and footwear. He suggested that the upcoming joint meetings could provide a means to discuss coordination of this legislation. Chair's Report Mr. Joseph, Chair, presented the following individuals with certificates of recognition for service provided to the County: Thomas Todd, Legislator - Fifteen Years of Service Stephen Whicher, County Administrator - Fifteen Years of Service Dan Winch, Legislator - Twenty Years of Service Frank Proto, Legislator - Twenty Years of Service Report from the County Administrator Mr. Whicher, County Administrator, requested an Executive Session to be held at the end of regular business to discuss negotiations. The second item noted was a reminder of the Director of Health appointment to be discussed in executive session at the Health and Human Services Committee meeting May 4th. Report from the County Attorney Mr. Wood, County Attorney, did not have a report. Report from the Finance Director Mr. Squires, Finance Director, said the required annual financial report was filed by the May 1st deadline. A copy of this report will be on file in the Legislative office. Addition of Resolution(s) to the Agenda 130 May 3, 2005 No resolution(s) were added. Withdrawal of Resolution(s) from the Agenda Chair Joseph gave the appropriate committee chair permission to withdraw from the agenda the resolution entitled "Establishment of 2006-2007 County Financial Goals". 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. 73 - ACCEPTANCE OF STRATEGIC PLAN FOR TOURISM DEVELOPED BY THE STRATEGIC TOURISM PLANNING BOARD (STPB) MOVED by Ms. Blanchard, seconded by Ms. Herrera, and unanimously adopted by voice vote by members present, under the Consent Agenda. WHEREAS, Tompkins County has an advisory board on tourism development and promotion, the Strategic Tourism Planning Board (STPB), for recommendations to the Tompkins County Legislature regarding tourism -related matters, and WHEREAS, according to the bylaws of the STPB, part of its mission is to develop, with community input, a tourism policy for review and adoption by the Tompkins County Legislature," and WHEREAS, the STPB has during the past years developed a Five -Year Strategic Tourism Plan that references previous reports on tourism and incorporates input from members of various parts of the community as represented on the STPB, now therefore be it RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee, That the Tompkins County Legislature accepts the Strategic Plan on Tourism as developed by the STPB, RESOLVED, further, That the STPB keep the Legislature informed regarding the action steps outlined in the Strategic Plan on Tourism. SEQR ACTION: TYPE 11-20 RESOLUTION NO. 74 - AUTHORIZING THE COUNTY ADMINISTRATOR TO TRANSFER TITLE OF CERTAIN LANDS MOVED by Ms. Blanchard, seconded by Ms. Herrera, and unanimously adopted by voice vote by members present, under the Consent Agenda. WHEREAS, a request has been made by Carolyn and Anatol Eberhard to the County for a quitclaim deed from the County to them, to clear title to lands they claim ownership of, said lands being a portion of tax parcel No. 33-1-021.2 in the Town of Caroline, and WHEREAS, the County Attorney's Office has investigated the County interest in said parcel of land and reported to the Government Operations Committee, and WHEREAS, in a 1933 tax foreclosure deed the property was deeded to the County and that deed was a result of an erroneous tax lien, and WHEREAS, an attempt was made by the County Board by resolution on August 11, 1952, to negate any County interest in the premises and to expunge the prior lien, and WHEREAS, the County has never listed the premises on the County land inventory and the premises are currently assessed to the reputed owners (Eberhard), and 131 May 3, 2005 WHEREAS, the County Attorney's Office takes the position the premises are not County property and that a quitclaim deed from the County would clear the title and follow the direction of the County Board resolution of 1952, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the County Administrator is hereby authorized to execute a quitclaim deed and all other necessary documents to release any claim of the County to the premises described in the 1953 resolution of the Tompkins County Board of Supervisors based on that resolution, map and deed that passed to the County by the County Treasurer as a tax deed dated January 6, 1933, recorded in Liber 231 of Deeds at Page 365. SEQR ACTION: TYPE 11-20 RESOLUTION NO. 75 - AUTHORIZING SUPPLEMENTAL CONSULTANT AGREEMENT NO. 11 WITH C&S ENGINEERS, INC., FOR CONSTRUCTION OBSERVATION AND ADMINISTRATIVE SERVICES IN CONNECTION WITH THE TRANSIENT RAMP REHABILITATION - 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 County has awarded construction contracts for the Transient Ramp Rehabilitation, and WHEREAS, there is a need for Construction Observation and Administration services in relation to this project and the airport's consultants, C&S Engineers of Syracuse, New York, have proposed providing these services for $141,597, and WHEREAS, in accordance with Federal Aviation Administration (FAA) procedures an Independent Fee Estimate was performed by McFarland -Johnson Engineers of Binghamton, New York, to gauge the fairness of the fee, and WHEREAS, with the C&S Engineers fee of $141,597 being $32,197.78 less than the McFarland - Johnson's estimated fee of $173,794.78, the FAA considers the C&S Engineer's fee being fair and acceptable, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That Supplemental Agreement No. 11 with C&S Engineers for Transient Ramp Rehabilitation Construction Observation and Administration services in the amount of $141,597 be approved and financing of the contract is as follows: Federal Aviation Administration (FAA) (95.0%) $ 134,597.00 New York State Department of Transportation (2.5%) $ 3,540.00 Local (Airport Operational Budget) (2.5%) $ 3,540.00 Total $ 141,597.00 RESOLVED, further, That the County Administrator be and hereby is authorized to execute the required documents, RESOLVED, further, That the Finance Director be authorized to make payments for these projects until reimbursement is received from the Federal Aviation Administration and New York State Department of Transportation. SEQR ACTION: TYPE 1I-2 RESOLUTION NO. 76 - AUTHORIZING A SUPPLEMENTAL AGREEMENT WITH C&S ENGINEERS, INC., FOR ADDITIONAL SERVICES IN CONNECTION WITH REBIDDING AND ADDITIONAL DESIGN SERVICES FOR THE TRANSIENT RAMP REHABILITATION - ITHACA TOMPKINS REGIONAL AIRPORT 132 May 3, 2005 MOVED by Ms. Blanchard, seconded by Ms. Herrera, and unanimously adopted by voice vote by members present, under the Consent Agenda. WHEREAS, on December 2, 2003, the County approved an agreement with C&S Engineers for engineering design of the Transient Ramp rehabilitation project, and WHEREAS, the County received one bid on July 7, 2004, and said bid being over fifty percent higher than the engineer's estimate, was considered excessive by the County and was rejected, and WHEREAS, the project was revised to include two significant modifications and was subsequently re -bid in the spring of 2005, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the supplemental agreement, which increases the fee by $30,000, be and hereby is approved and that the County Administrator is authorized to execute said supplemental agreement. SEQR ACTION: TYPE II -2 Report from Planning, Development and Environmental Quality Committee Ms. Herrera, Chair, said the next meeting will be on May 4, 2005, at 2:30 p.m. when the Committee will hear a report on the Industrial Development Agency policies from Mr. Stamm, an update from Workforce Development, review a resolution relating to streamlining the municipal annexation process, hear a report from the Planning Department, and hear an update on the Water Resource Council's annual work plan. Ms. Herrera thanked Mr. Winch for commenting on her receipt of a Cook Award. Mr. Totman asked what the annexation resolution will encompass and was informed by Ms. Herrera it is to again request the State streamline the process; the resolution presented at the State level last year had not passed. Report from the Budget and Capital Committee Mr. Koplinka-Loehr, Chair, reported the Committee met on April 26th and will meet again on May 10th. He said much of the work done by the Committee was working on plans for the budget retreat as well as reviewing the financial goals resolution. Other action taken by the Committee was approving several position requests and the process of moving from Affirmative Action to a Diversity policy and setting the budget calendar. Report from the Strategic Planning Committee Mr. Koplinka-Loehr, Chair, reported the fifth session occurred on April 28th where a matrix of directions to pursue at the county level was developed. The outcomes will be provided to department heads in written form within two to three weeks. Mr. Koplinka-Loehr thanked department heads and Legislators for their participation as well as members of administration and Ms. Hubbard, the facilitator. Report and Presentation of Resolution(s) from the Government Operations Committee Mr. Lane, Chair, reported the Committee met on April 20th with much of the work done represented in resolutions presented. In addition, the Committee discussed the advisory board appointments and concerns expressed by Mr. Proto. Mr. Lane said he was pleased to hear Finance Director David Squire's report that the county has only seven outstanding properties on the foreclosure list. He said the efforts of Mr. Squires and his staff to work with individuals has resulted in no owner - occupied homes in foreclosure, unlike other counties such as Sullivan County who has over 1,000 properties being foreclosed. In response to Mr. Proto's request for an update on Native American claims, Mr. Lane reported as a result of the recent Supreme Court decision municipalities have presented tax bills for properties 133 May 3, 2005 owned by Native Americans that are not a part of reservations, this includes Turning Stone Casino. He said in addition, some offers by the State government have been rescinded. He said the legal proceedings will cost individuals additional fees for title insurance but he believes the situation is moving quickly and hopes to see a resolution. Mr. Joseph said he has again attempted to call the lawyers from the Native Americans making this claim, without any response. Mr. Proto said a local realtor appeared before the Town of Danby Board and indicated that the town may have real estate included in this lawsuit and asked if any detailed information on the property involved is available. Mr. Lane indicated that the only information is a map located on the Onondaga Nation's website; it primarily follows a map created by Glen Norris relating to native trails. Mr. Wood explained to the Legislature that there are several issues dealing with Native American claims. He explained that traditionally there was first the native territorial lands during the 1700 - 1800's, second the current reservations, and the third area encompassed in the present Supreme Court Decision, is lands purchased by Native Americans that are not included in present-day reservations. These purchases of land by the Oneida Nation encompass approximately 17,000 - 18,000 acres, including Turning Stone Casino. The Native Americans claim that by purchasing the property that once was original territory they have the right to include it as part of the current reservation. The Supreme Court decision regarding property in Sherrill, New York, stated they may not attach this to their present reservation; however, they have the right to apply to the Federal government to hold the land in trust, which would have the effect of becoming non-taxable real estate. In addition, during the application process it would postpone the tax payment until a determination is made. The present claim by the Oneida Nation involves property located within the original aboriginal area. Mr. Totman could not understand the reasoning behind the Supreme Court decision if subsequently they provided a means to become non-taxable. Mr. Wood explained they had the right to apply, but may not be given the right to have the property put in trust, which would then require payment of taxes. Mr. Lane said the United States Government acts as a trustee if this should occur. Mr. Joseph clarified that the claim involving lands in Tompkins County was not of this nature but the actual title to the land. RESOLUTION NO. 77 - ESTABLISHING GUIDELINES FOR USE OF ITHACA TOMPKINS REGIONAL AIRPORT FOR COUNTY EMPLOYEES AND VENDORS MOVED by Mr. Lane, seconded by Mr. Booth. Ms. Herrera said the resolution is practical and logistical and provides flexibility when necessary. Mr. Joseph explained the purpose is to encourage use of the local airport for travel. Mr. Penniman inquired how the $200 figure was arrived at and was informed by Mr. Whicher it is using an average $150 cost plus travel time and parking fees, gasoline, etc. The local travel requirement will also apply to consultants when the County is reimbursing travel costs. A voice vote on the motion resulted as follows: Ayes - 14; Noes - 0; Excused - 1 (Legislator McBean-Clairborne). RESOLUTION ADOPTED. WHEREAS, the Ithaca Tompkins Regional Airport has worked with the Air Service Task Force, Cornell University, and the private sector to secure additional commercial air service from a second carrier beginning May 2, 2005, and WHEREAS, Tompkins County supports the efforts of this public-private partnership, and WHEREAS, Tompkins County employees and vendors use taxpayer funds for air travel, and WHEREAS, Tompkins County recognizes the need to establish guidelines for the use of the Ithaca Tompkins Regional Airport rather than other regional airports, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That, effective immediately, all air travel by County Employees and/or vendors using a commercial airline to travel on County business and at County expense shall utilize the Ithaca Tompkins Regional Airport if financially reasonable and logistically practical, RESOLVED, further, That travel costs that are within $200 of competing airports shall be considered financially reasonable, 134 May 3, 2005 RESOLVED, further, That this amount should be reviewed by the appropriate committee from time to time. SEQR ACTION: TYPE II -20 Mr. Lane said the next three resolutions deal with authorization for public hearings on several tax exemptions measures and that providing exemptions for some will increase the tax burden on others to some degree. RESOLUTION NO. 78 - AUTHORIZING A PUBLIC HEARING ON PROPOSED LOCAL LAW NO. 1 OF 2005 - A LOCAL LAW CREATING A NEW ARTICLE IX OF §150 OF THE TOMPKINS COUNTY CODE - ARTICLE IX - EXEMPTION FOR HISTORIC BARNS MOVED by Mr. Lane, seconded by Mr. Proto. Mr. Penniman requested a definition of "historic barn" and was informed by Mr. Lane it would follow the definition for the Historic Register. The Assessment Department informed the Committee that only a handful of barns within the County would be eligible. The purpose of the exemption is to provide additional incentive to preserve and renovate these historical structures. Ms. Kiefer said she believed that rather being listed in the Historical Register it requires a structure to be built prior to a certain year. Mr. Totman expressed his belief that the resolution should have been delayed until such time as all questions were thoroughly answered to everyone's satisfaction. He believes that according to zoning regulations it requires being within a historic district, which most barn structures are not. Mr. Booth said he will not support the resolution, believing it does not require the structure to be in a historic district which he believes it should be. Ms. Robertson stated the exemption only applies to the value of the barn structure and not the entire property. A voice vote on the motion resulted as follows: Ayes - 9 (Legislators Herrera, Joseph, Kiefer, Koplinka-Loehr, Lane, Proto, Robertson, Schuler, and Winch); Noes - 5 (Legislators Blanchard, Booth, Penniman, Todd, and Totman); Excused - 1 (Legislator McBean-Clairborne). RESOLUTION ADOPTED. WHEREAS, the creation of an exemption for historic barns has been reviewed by the Government Operations Committee, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That a public hearing be held before the Tompkins County Legislature in Legislative Chambers of the Tompkins County Courthouse, 320 North Tioga Street, Ithaca, New York, on Tuesday, May 17, 2005, at 5:30 o'clock in the evening thereof concerning proposed Local Law No. 1 of 2005 - A Local Law Creating a New Article IX of §150 of the Tompkins County Code - Article IX - Exemption for Historic Barns. 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 RESOLUTION NO. 79 - AUTHORIZING A PUBLIC HEARING ON PROPOSED LOCAL LAW NO. 2 OF 2005 - A LOCAL LAW CREATING A NEW ARTICLE X OF §150 OF THE TOMPKINS COUNTY CODE - ARTICLE X - EXEMPTION FOR IMPROVEMENTS TO PROPERTY MADE PURSUANT TO THE AMERICANS WITH DISABILITIES ACT OF 1990 MOVED by Mr. Lane, seconded by Mr. Booth. Ms. Blanchard stated she would like to have written information stating how the term "disabilities" is defined. Mr. Booth clarified that the exemption is provided only during the period a disabled individual resides at the property. 135 May 3, 2005 Mr. Penniman inquired if the exemption only applies to owner -occupied residences or all residences. Mr. Lane said he believed it is owner -occupied with the exemption being allowed for improvements related to keeping the person residing at home. He does not believe this would apply to commercial properties. Ms. Robertson expressed her pleasure to see this exemption coming forward; she said accessibility to tenants may require a ramp and she did not see anything specific to indicate only owner - occupied properties are eligible. Ms. Kiefer said the exemption applies only to the increased value of the property due to modifications and that often the cost of the modifications will exceed the increased value of the real estate. Mr. Booth said this resolution is aimed at the disabled as noted in the federal disability act and is not to be an exemption for the elderly, though some elderly may still be eligible. A voice vote on the motion resulted as follows: Ayes - 12; Noes - 2 (Legislators Blanchard and Totman); Excused - 1 (Legislator McBean-Clairborne). RESOLUTION ADOPTED. WHEREAS, the creation of an exemption for improvements to property made pursuant to the American's with Disabilities Act of 1990 has been reviewed by the Government Operations Committee, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That a public hearing be held before the Tompkins County Legislature in Legislative Chambers of the Tompkins County Courthouse, 320 North Tioga Street, Ithaca, New York, on Tuesday, May 17, 2005, at 5:30 o'clock in the evening thereof concerning proposed Local Law No. 2 of 2005 - A Local Law Creating A New Article X of §150 of the Tompkins County Code - Article X - Exemptions for Improvements to Property Made Pursuant to the Americans with Disabilities Act of 1990. 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 RESOLUTION NO. 80 - AUTHORIZING A PUBLIC HEARING ON PROPOSED LOCAL LAW NO. d OF 2005 - A LOCAL LAW PROVIDING THAT UNREIMBURSED CERTAIN MEDICAL AND PRESCRIPTION DRUG EXPENSES BE EXCLUDED FROM INCOME IN DETERMINING SENIOR CITIZEN'S TAX EXEMPTION (Resolution to adopt Local Law failed) MOVED by Mr. Lane, seconded by Mr. Penniman. Ms. Kiefer said she did not support the resolution in Committee for a variety of reasons, one of which is that an exemption for prescriptions has no direct relation to real estate but to health care expenses. In addition, she said a more practical reason to not support this is that individuals who itemize medical expenses for income tax purposes would have documentation to support the exemption readily available, most senior citizens do not itemize and it would be difficult to determine. She said it is a problematic exemption for which she has attempted to understand the qualification process and she does not see how it can properly be determined. It would be too tempting and too easy to make unjustified claims. Mr. Lane disagreed with Ms. Kiefer and said the exemption is another way to attempt to keep senior citizens within their homes. He said when calculating the exemption it is a matter of having information regarding medical and prescriptions that were not reimbursed. In addition, Mr. Lane said that different types of property tax exemptions are provided to others and the Assessment Department does a good job of administering them. He said the exemption will be reviewed after a one-year period. It was clarified for Ms. Schuler that "senior citizen" is defined 136 May 3, 2005 as those 65 years of age and older. Ms. Herrera felt there were too many holes in the process and will not support this. Mr. Totman agreed with Ms. Kiefer's viewpoints regarding unanswered questions about the process, and will not support the resolution. A voice vote on the motion resulted as follows: Ayes - 8 (Legislators Booth, Joseph, Koplinka- Loehr, Lane, Penniman, Robertson, Schuler, and Winch); Noes - 6 (Legislators Blanchard, Herrera, Kiefer, Proto, Todd, and Totman); Excused - 1 (Legislator McBean-Clairborne). RESOLUTION ADOPTED. WHEREAS, an exemption providing certain medical and prescription drug expenses from income in determining senior citizens tax emption has been reviewed by the Government Operations Committee, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That a public hearing be held before the Tompkins County Legislature in Legislative Chambers of the Tompkins County Courthouse, 320 North Tioga Street, Ithaca, New York, on Tuesday, May 17, 2005, at 5:30 o'clock in the evening thereof concerning proposed Local Law No. d of 2005 - A Local Law Providing that Unreimbursed Certain Medical and Prescription Drug Expenses be Excluded from Income in Determining Senior Citizen's Tax Exemption. At such time and place all persons interested in the subject matter will be heard concerning the same, RESOLVED, further, That the Clerk of the 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 RESOLUTION NO. 81 - REVISION OF ADMINISTRATIVE MANUAL POLICY NUMBER 01-32 - DESIGNATING NAME OF COUNTY SPACE/ITEM MOVED by Mr. Lane, seconded by Mr. Booth. A voice vote on the motion resulted as follows: Ayes - 13; Noes - 1 (Legislators Totman); Excused - 1 (Legislator McBean-Clairborne). RESOLUTION ADOPTED. WHEREAS, amendments and additions were deemed necessary to clarify present practice regarding designating the name of County space/item, now therefore be it RESOLVED, on recommendation of the Government Operations and Budget and Capital Committees, That the following Administrative Policy is adopted as amended: 01-32 - Designating Name of County Space/Item SEQR ACTION: TYPE II -20 Report from the Public Safety Committee Mr. Penniman, Vice Chair, reported that the Traffic Safety Committee will be meeting at 1:30 p.m. on May 5th with the Public Safety meeting following at 2:00 p.m. Report from the Facilities and Infrastructure Committee Mr. Penniman, Chair, reported the Committee met on April 26th with the first portion of the meeting being in attendance at a Highway Division staff meeting held at the Public Works building regarding training programs and possible tour of highway projects this summer. Following the staff meeting the Committee conducted business including a discussion of goals for the Ithaca Tompkins Regional Airport and Information Technology Services, and receiving a Government Accounting Standards Board (GASB) report on the County's fixed assets from Mr. Squires. He said the Committee discussed how the GASB information might be used to manage the buildings and highways of the County and questions they had will be responded to in the near future. 137 May 3, 2005 Report from the Air Service Committee Ms. Blanchard, member, reported the Committee met on April 25 and discussed the initial reports on the new flyithaca.com website. To date the site has received 2,000 "hits" and it is anticipated that it will average 8,000 per month. In addition, radio advertisements have begun and a large spread was provided in the Ithaca Journal about Northwest Airlines coming to Tompkins County. She said the Committee is trying to develop a monthly report format with information regarding enplanements, airfares, etc. that will assist in determining the success of the marketing plans and a cash-flow section to be up-to-date on the airport's financial information. This information will be similar to the Tompkins Consolidated Area Transit (TCAT) format that is in use. She said Ms. McPheeters of the Chamber of Commerce will be traveling to Washington, D.C., to speak to Senators Schumer and Clinton and Representatives Hinchey and Boehlert regarding the recent grant application for the airport. Ms. Blanchard said Mr. Johnson is Cornell University's principle lobbyist at the Federal level and he will be joining Ms. McPheeters in this effort. Ms. Blanchard said they have learned that some people determine where to fly by the cost of rental vehicles upon their arrival. The Committee will review this information to see if there is a way to assist the marketing efforts. She said the "maiden" flight of Northwest Airlines was a good experience. Ms. Robertson spoke of attending the ribbon -cutting ceremony, saying it was fun and exciting and there is a "great buzz" regarding the new air service. She thanked Ms. Blanchard for her efforts toward this end. Ms. Blanchard said the Committee is discussing the airport governance structure and will be looking at other airports that are county owned as well as all other airport structures including private models. A list outlining the positive and negative aspects will be developed as well as inviting individuals to speak to the Committee. Once complete a report will be given at the Facilities and Infrastructure Committee for a determination of the most advantageous governance form. The next meeting of the Air Services Committee will be on May 9th at 4:00 p.m. Ms. Schuler thought it would be helpful to have a TCAT link placed on the new flyithaca.com web site. Report from the Space Needs and Location Committee Mr. Proto, Chair, said the Committee will meet on May 11, 2005, at 2:30 p.m. He said a report regarding the Health Department Space Use Master Plan was reviewed as well as information on use of the Old Library. He hopes to have updated information on these items prior to the next meeting when a discussion will be held. Report and Presentation of Resolution(s) from the Health and Human Services Committee Ms. Robertson, Chair, reported the Committee will meet on May 4th at 10:30 p.m. She said Dr. Robinson, Child Psychiatrist, working for both the County and Family and Children's Services will be in attendance. In addition, a report on how the Comprehensive Plan is addressing housing issues will be provided. Ms. Roberston spoke of the retirement celebration given by the Human Services Coalition for retiring Executive Director Marge Dill who has had over thirty years of service in the human services field. She said Ms. Dill has had a long career and many friends and colleagues were in attendance to wish her well. Ms. Robertson announced that the new Executive Director will be Department of Social 138 May 3, 2005 Services Deputy Commissioner Kathy Schlather. Ms. Schlather will start her new duties in mid-July; Nancy Burston will act as Interim Executive Director of the Human Services Coalition. Ms. Robertson said that a report provided for the TompkinsRx program indicated in the first 2.5 months residents have saved more than $32,000 on approximately 1,000 prescriptions; the average savings has been 24 percent. RESOLUTION NO. 82 - APPROPRIATION FROM CONTINGENT FUND - REPLACEMENT PAY - HEALTH DEPARTMENT MOVED by Ms. Robertson, seconded by Mr. Proto, and unanimously adopted by voice vote by members present. 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 to make the following budget appropriation: FROM: A1990.54440 Contingent Fund $2,405 TO: A4047.1000519 Senior Typist $1,730 A4047.58800 Fringes $ 675 SEQR ACTION: TYPE I1-20 Approval of Minutes of April 19, 2005 It was MOVED by Mr. Proto, seconded by Mr. Koplinka-Loehr, and unanimously adopted by voice vote by members present, to approve the minutes of April 19, 2005, as submitted. Financial Disclosure Form Recess Mr. Kiefer reminded individuals that the Financial Disclosure Forms are due. Mr. Joseph declared recess at 7:12 p.m. The meeting reconvened at 7:25 p.n1. Executive Session It was MOVED by Ms. Schuler, seconded by Mr. Winch, and unanimously approved by voice vote of members present, to enter into an executive session to discuss labor negotiations. An executive session was held at 7:25 p.m. and returned to open session at 7:45 p.m. Adjournment On motion the meeting adjourned at 7:45 p.m. 139 May 17, 2005 Regular Meeting Public Hearing — Local Law No. 1 of 2005 — A Local Law Creating a New Article IX of Section 150 of the Tompkins County Code — Exemption for Historic Barns Mr. Joseph called the public hearing to order at 5:30 p.m. concerning Local Law No. 1 of 2005 — "A Local Law Creating a New Article IX of Section 150 of the Tompkins County Code — Exemption for Historic Barns", and asked if anyone wished to speak. No one wished to speak and the public hearing was closed at 5:31 p.m. Public Hearing - Local Law No. 2 of 2005 - A Local Law Creating a New Article X of Section 150 of the Tompkins County Code - Exemption for Improvement to Property made Pursuant to the Americans with Disabilities Act Mr. Joseph called a public hearing to order at 5:31 p.m. concerning Local Law No. 2 of 2005 - "A Local Law Creating a New Article X of Section 150 of the Tompkins County Code - Exemption for Improvement to Property made Pursuant to the Americans with Disabilities Act", and asked if anyone wished to speak. Ed Dellert, Town of Dryden resident and parent of a disabled child, spoke in support of this proposed Local Law. He spoke of personal experiences and explained why he feels it is so important to keep a disabled family member living at home. He said making accommodations for a disabled family member can be very expensive; however, an alternative is to place the family member in one of the group homes in the community. He said this is not a desirable option because when the family member goes into a group home they become a ward of the State. Mr. Dellert said the amount saved by this exemption is no where near what it costs to undergo making handicap accommodations to a home but it would be an incentive to families who are in this difficult position. Jim Hagen, City of Ithaca resident, spoke concerning the impact tax exemptions have on the property tax. He said this County has $33 million of revenue coming in property taxes and that a substantial amount of property in the County is tax exempt. He questioned how much the County is offering in all tax exemptions combined and asked that these exemptions be given the same amount of scrutiny as programs do in the County budget. He also suggested including an analysis of these exemptions on the County's website. King Houston, Finger Lakes Independence Center representative, spoke in favor of the proposed Local Law. He strongly urged the County Legislature to adopt the Law, stating that the cost to the County would be minimal. He also said the savings realized from keeping a disabled person in their own home rather than being placed in a care facility makes it worthwhile. Matthew Bishop, District No. 4 Legislature candidate, spoke in support of the exemption and said he feels it is the County's moral responsibility to take care of people who are the least fortunate in our community. He said this exemption may also encourage people to care for disabled family members at home which will result in a savings. No one else wished to speak and the public hearing was closed at 5:40 p.m. Public Hearing - Local Law No. d of 2005 - A Local Law Providing that Unreimbursed Certain Medical and Prescription Drug Expenses be Excluded from Income in Determining Senior Citizens Tax Exemption 140 May 17, 2005 Mr. Joseph called the public hearing to order at 5:40 p.m. concerning proposed Local Law No. d of 2005 - "A Local law Providing that Unreimbursed Certain Medical and Prescription Drug Expenses be Excluded from Income in Determining Senior Citizens Tax Exemption", and asked if anyone wished to speak. No one wished to speak and the public hearing was closed at 5:41 p.m. Mr. Joseph called the regular meeting to order 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: 13 Legislators. Excused: 2 (Legislators Kiefer and Totman). Mr. Winch was excused at 8:23 p.m.; Mr. Lane was excused at 8:26 p.m.; Mr. Booth was excused at 8:27 p.m.; Ms. Robertson was excused at 8:34 p.m. Presentation of Proclamation(s) Mr. Joseph presented the following proclamation(s): Community Action Month in Tompkins County, May, 2005, to Virginia Bryant, Community Relations and Resources Development Director for Tompkins Community Action Foster Care Month, May, 2005 to Shelia Chase, Department of Social Services Privilege of the Floor by the Public Ruth Hopkins, Lansing resident, read and submitted the following statement for the record: "Good evening. My name is Ruth Hopkins, I live at 163 Asbury Road in Lansing, a home I purchased because of the historic rural community with many homes dating to pre -civil war, 1950's. "I want to remind the Legislature about the petition presented last August by 85 residents of Asbury Road which still contains many unresolved issues, one of which is freight transportation. I am here this evening on behalf of the Asbury Road Task Force to ask for a freight transportation plan and limitation of the 18 -wheeled truck traffic on Asbury Road and the residential portions of North Warren Road. "The petition we submitted last August explained that Asbury Road is a narrow winding road that is currently used by 18 -wheelers to access Warren Road Industrial area and beyond. This raises extreme concerns about safety as well as the preservation of the rural residential character of the neighborhood. It is our understanding that the Sear Brown study of 2002, commissioned by Tompkins County, did not recommend Asbury Road for freight traffic, but rather recommended Routes 34 and 13, and for local delivery, use of Triphammer Road. "This spring, Asbury residents were invited by the County Highway Department to join Warren Road residents for a planning meeting for Warren Road improvements. The overwhelming complaint by 40-50 residents in attendance concerned truck traffic, yet the County could not provide information about plans for freight transportation on our roads. Without a plan, how can we give meaningful input? How are we to know whether to ask for sidewalks, footpaths, visual and sound barriers, straighter roads, turning lanes, and shoulders if we do not now what the County plans for freight transportation. 141 May 17, 2005 "We believe there must be a freight plan and further that the freight plan should direct 18 - wheelers coming from the north to go down Route 34 to Route 13 and make a left turn in order to reach the Warren Road industrial area and beyond. Local delivery trucks should be directed down Triphammer Road as recommended in the Sear Brown Study. We believe Asbury Road and North Warren are not conducive to freight traffic. "We ask you as our representatives to prepare and approve a freight transportation plan that protects the safety and quality of residential neighborhoods". Melissa Stephenson, Lansing resident, read and submitted the following statement on behalf of herself and Deborah Harper, who is also a Lansing resident: "I live on Peruville Road (34B) between Triphammer and Armstrong Roads in the Town of Lansing. Hundreds of trucks and numerous cars and motorcycles pass daily on this road with no posted speed limit past Triphammer Road. Between Triphammer and Route 38, there are no stop signs. Most drivers, knowing this, begin to increase speed dramatically as they leave the Triphammer and 34B intersection and pass our house. "On the north side of this block (Triphammer to Armstrong), there are seven homes including families and small children. The south side has 6-7 houses, including families with children. "The amount and speed of the traffic make this a dangerous area for the families on the road and for those turning onto Armstrong to reach the neighborhood to the south. Slowing to turn into driveways along Peruville is dangerous as traffic moves at the maximum speed. Our mailbox was recently struck down by a driver (not a snowplow). There is a narrow shoulder and a steep ditch on the south side of the road. The noise in the summer months is disruptive to homes on this road. Motorcycles and "jake brakes" on large trucks make it impossible to carry on a conversation outdoors. "Is there a study that has examined the impact of heavy traffic (including truck traffic) along this route? ❖ We would like to request posted speed limits of 30 m.p.h. between Triphammer and Armstrong on 34B to make this safer and quieter for local traffic and pedestrians. ❖ We would like to prohibit the use of "jake brakes" on the large trucks to reduce traffic noise. "What can be done to make this safer and less noisy for the residents along this road?" John Bentkowski, City of Ithaca resident, said he has been a real estate appraiser who petitions against the unfair assessments on people's homes for over 32 years. He said he has heard many people complain about rising assessments and property taxes and they have asked his advice about what they could do. He said many of these people are on a single income or retirees who have low income. Mr. Bentkowski said he does not feel the Legislature is scrutinizing costs and is offering too many tax exemptions. He also stated Cornell has buildings that are subject to property tax but is not paying it. He spoke against annual assessments and stated he feels there has been too large of an increase in staff in the Assessment Department over the last thirty years. Presentation of the Distinguished Youth Award Mr. Koplinka-Loehr presented Adriane Teabout with the May 2005 Distinguished Youth Award. Adriane is not only involved in Cornell's Let's Get Ready (LGR) program, but has been an ongoing volunteer for the Southside Community Center's Juneteenth Celebration, the Youth Bureau, Cornell Cooperative Extension, and the Multicultural Resource Center. Through her work at the Center, she has 142 May 17, 2005 helped Tompkins County residents learn more about race -related matters and how to promote cultural pluralism. Adriane was recommended for the Award by the LGR Executive Board for her academic performance and service to both peers and community organizations. Privilege of the Floor by Legislators Mr. Penniman, District No. 15, reported he recently attended assessment review meetings for the Towns of Ulysses and Enfield, which were well attended with many complaints about rising property taxes. Mr. Penniman said the real problem is the increasing shift of expenses from the State to the local governments and school districts and hopes the public can understand that the Assessment Department is not to blame. Mr. Proto, District No. 7 Legislator, reported he attended the Town of Caroline grievance day last Thursday and said the Town of Danby will hold one tomorrow evening. There were 26 people who spoke at the Caroline meeting with the majority expressing concern over property taxes. Mr. Proto said Assessment Department staff was gracious in setting up appointments with those who requested one. He stressed that the County's rate of spending lies with this Legislature. Mr. Proto also spoke of the recent government announcement relating to the closing of certain military bases. He said those legislators who are concerned about economic development should be paying close attention to what is happening in the Northeast region of the country. He said there are between 30,000 to 40,000 jobs associated with the bases in Maine and Connecticut that are on the list to be closed. Mr. Proto suggested that people contact their representatives in Washington, D.C. and let them know that if they have a serious commitment to economic development in the Northeast they are closing the wrong bases. Mr. Booth, District No. 3 Legislator, said there needs to be a report prepared and a discussion about the amount of tax exemptions that are discretionary based on decisions by this Legislature. He also spoke to the comments made about annual assessments and said from a theoretical point of view annual assessments make a lot of sense; however, the public largely does not understand why a property that hasn't changed is experiencing very rapidly rising assessments. Furthermore, the value of a home is not realizable unless the property is sold. He also said the suggestion that annual assessments are having an impact on property values needs further exploration. Ms. Schuler, District No. 4 Legislator, announced on June 1st the Ithaca High School Orchestra will be 100 years old and is the oldest orchestra in the country. She also announced the Ithaca Festival buttons are available and the local artist who designed the button is George Rhodes. This year's theme is "Catch the Wind". The Festival begins with a parade on Thursday evening, June 2nd throughout downtown Ithaca. Friday and Saturday the festival is on and around the Commons and ends at Stewart Park on Sunday. Ms. Schuler also reported on a meeting of the Commission for Healthy Central New York regional stakeholders. The four topics for the day were: stroke (brain attack). mental health access, dental health access, and obesity. Holly Stevenson (Dept. of Social Services) and Theresa Lyczko (County Health Dept.) were two of the presenters. Ms. Schuler also reported that she addressed the Metropolitan Planning Organization during public comment regarding the intersection where Brown Road and Sapsucker Woods Road cross State Rt. 13. She brought this to the attention of New York State Department of Transportation staff and stated that she hoped the unsafe situation at that intersection will be corrected before she leaves office. Ms. Robertson, District No. 13 Legislator, said recently when President Bush had a news conference on television there was a problem with programming with the major networks; the news conference had to begin at 8 p.m. because the major networks were going to cut -away at 9 p.m. for 143 May 17, 2005 Reality TV. She said she has had concerns about the failures of mainstream media and this is one example. Ms. Robertson said it disturbed her to learn that the Corporation for Public Broadcasting, which oversees NPR and PBS, has told their staff that they should redirect money for NPR away from national newscasts and public affairs. They are also considering a plan to monitor Middle -East coverage on NPR programs for evidence of bias and they have already taken a number of other actions to search for so-called bias on public radio and public television. Ms Robertson said the law that setup public radio and television was very strict to prevent political interference and she is deeply concerned that these are new efforts to politicize public radio and television. She said she plans to send a letter to Washington opposing any sort of meddling in programming decisions made by NPR and PBS and encouraged others to do so. Chair's Report Mr. Joseph said earlier in the year he reported on a NYSAC (New York State Association of Counties) Conference where there was a workshop on jails. At the end of the workshop the conclusion reached was that there were three possible approaches that could be taken by counties: • Have a liaison between NYSAC and the Governor's Office to try to smooth things out politically with the Commission of Correction; • Ask the Legislature to clarify the authority of the Commission of Correction in making these kinds of requirements on counties; or • File a lawsuit to challenge the authority of the Commission of Correction. Mr. Joseph said when the Conference concluded it was decided that a NYSAC staff person, Adriano Bongiorno, would be following-up on this issue with the Governor's Office. Mr. Joseph said when he checked in with Mr. Bongiorno this week he was told that a number of conversations about this subject has taken place and although no one wants to go on record, there is a general feeling that the Commission of Correction does not have the kind of authority it is asserting. It is felt that the Commission cannot dictate to a County what size of a jail to build and that one option would be to sue the Commission. Mr. Joseph said these opinions are coming from both the legislative and the administrative side of the Governor's Office. Caution was also advised if a county were to sue the Commission there is some risk that the Legislature may clarify that the Commission has the authority it claims to have. Mr. Joseph said this item will be a topic at the next NYSAC Conference. Mr. Lane said there would have to be a controversy to start legal action and cautioned that the State Legislature could also enable the Commission to have this authority. Mr. Booth asked Mr. Wood if the County could request a formal opinion from the Attorney General or the State Comptroller. Mr. Wood responded that a county can request a formal opinion from the Controller; however, it would not be binding. Mr. Wood said he believes the Commission has the authority to disapprove the Jail variances, but cannot dictate the size of a jail a county has to build. Mr. Proto suggested that Mr. Joseph also contact Tompkins County's three State Legislators for their input on this matter. Report from the County Administrator Mr. Whicher presented his recommendation to reappoint Alice Cole as Public Health Director. It was MOVED by Mr. Booth, seconded by Ms. Robertson, and unanimously adopted by voice vote by members present, to reappoint Alice Cole to the position of Public Health Director for a six-year term. MOTION CARRIED. Mr. Whicher distributed documents pertaining to the 2006 Tompkins County Budget. 144 May 17, 2005 Mr. Whicher reported on road patrol negotiations and said they are moving into the fact-finding phase. He reported he attended the Annual 25 -Year Club dinner that was held last week and said 14 employees were honored at that event. Mr. Whicher responded to comments made under privilege of the floor by the public and stated the comments pertaining to the Assessment Department were factually incorrect and the concept that assessments are driving the market is not true. Report from the County Attorney Mr. Wood reported he attended the County Attorney's Association Annual Meeting last week and received an update on the Medicaid fraud lawsuit. He said lawsuits have been filed on behalf of 30 counties, 12 more are going to be filed, some counties are undecided, and a few have decided to use their own legal firm. He commented that Tompkins County is one of the thirty counties who have already filed a lawsuit. Mr. Wood reported on an issue that was brought up at the annual Department of Social Services meeting regarding a statement that if the counties were to acquire monies in this litigation the State would take it. He said Steve Acquario of NYSAC (New York State Association of Counties) was asked to contact the State to obtain more information about this; however, he does not believe the State is entitled to any of the money. Report from the Finance Director Mr. Squires was not in attendance. Addition of Resolution(s) to the Agenda It was MOVED by Mr. Koplinka-Loehr, seconded by Mr. Penniman, and unanimously adopted by voice vote by members present, to add the resolution entitled Accepting the Focus Area Recommendations Resulting from the County's Strategic Planning Process to the agenda. It was MOVED by Mr. Koplinka-Loehr, seconded by Mr. Penniman, to add to the agenda the resolution entitled Establishing Salaries and Benefits of Management and Confidential Employees - 2005. A voice vote resulted as follows: Ayes - 12, Noes - 1 (Legislator Booth), Excused - 2 (Legislators Kiefer and Totman). MOTION CARRIED. Withdrawal of Resolution(s) from the Agenda There were no resolution(s) withdrawn from the agenda. Approval of Resolution(s) Under the Consent Agenda The following resolution(s) were approved under the Consent Agenda: RESOLUTION NO. 83 - AUTHORIZATION TO INCREASE HOURS — PHYSICAL THERAPIST — HEALTH DEPARTMENT MOVED by Mrs. McBean-Clairborne, seconded by Mr. Proto, and unanimously adopted by voice vote by members present under the Consent Agenda. 145 May 17, 2005 WHEREAS, the Home Care Program continues to experience a high demand for physical therapy services, and WHEREAS, more physical therapy visits were provided since January 1 of this year than were provided in a six month period in 2004 and in 2004 physical therapy visits increased 21 percent from 2003 which is a 50 percent increase from 2001, now therefore be it RESOLVED, on recommendation of the Health and Human Services and Budget and Capital Committees, That the position of Physical Therapist (15/579), labor grade 0, competitive class, be increased from 35 hours per week to 40 hours per week effective immediately, RESOLVED, further, That no additional funds are required to accommodate this change. SEQR ACTION: TYPE I1- 20 RESOLUTION NO. 84 — AUTHORIZATION TO INCREASE HOURS — WIC PROGRAM NUTRITIONIST — WIC PROGRAM — HEALTH DEPARTMENT MOVED by Mrs. McBean-Clairborne, seconded by Mr. Proto, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the WIC Program has received notice that additional funds have been made available to increase the Competent Professional Authority (CPA) staff to full time status, and WHEREAS, the CPA is defined as an individual authorized to determine nutritional risk and prescribe supplemental foods, and WHEREAS, the WIC Program has a .80 FTE WIC Program Nutritionist (12/572), labor grade L, competitive class, now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, That the position of WIC Program Nutritionist (12/572), labor grade L, competitive class, be increased from 28 hours to 35 hours per week, effective immediately, RESOLVED, further, That no additional funds are required to accommodate this change, WIC is 100 percent grant funded. SEQR ACTION: TYPE II -20 RESOLUTION NO. 85 - IN SUPPORT OF NEW YORK STATE ASSEMBLY BILL A05632 AND NEW YORK STATE SENATE BILL S02748 - AN ACT TO AMEND THE GENERAL MUNICIPAL LAW IN RELATION TO MUNICIPAL ANNEXATION MOVED by Mrs. McBean-Clairborne, seconded by Mr. Proto, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, most municipal territorial boundaries for counties, cities, towns, and villages were established during the nineteenth century, while over the years patterns of population growth, development, and municipal services have not been confined within those boundaries, and WHEREAS, the New York State General Municipal Law currently provides a procedure whereby territory from one municipality may be annexed to another, but only if there is a petition brought by the voters or the property owners in the territory to be annexed, and WHEREAS, if the petition is then approved by the governing boards of both municipalities, the question of annexation is submitted to mandatory referendum of the voters of such territory, and WHEREAS, legislation has been proposed in both the New York State Assembly and the New York State Senate that would amend the General Municipal Law to allow the governing bodies of two or more municipalities, as well as the residents or property owners of a municipality, to jointly initiate the 146 May 17, 2005 municipal annexation process, while still requiring that any such action be approved by mandatory referendum of the voters, and WHEREAS, in the interest of better long-term planning and smart growth principles, it is desirable to promote various methods of intermunicipal cooperation, one such method, in proper circumstances, being municipal annexation, now therefore be it RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee, That the Tompkins County Legislature supports New York State Assembly Bill A05632 and New York State Senate Bill S02748, and urges the New York State Assembly and Senate to pass the bills and for the Governor to sign the legislation into law, RESOLVED, further, That copies of this resolution be forwarded to Assemblywoman Barbara S. Lifton, Senators James L. Seward, George H. Winner Jr., and Michael F. Nozzolio, Speaker Sheldon Silver, Majority Leader Joseph Bruno, Governor George Pataki, New York State Association of Counties, New York State Association of Towns, and the New York State Conference of Mayors and other Municipal Officials. SEQR ACTION: TYPE II -20 RESOLUTION NO. 86 - INCREASE IN HOURS - TRANSITION WORKFORCE SPECIALIST — TOMPKINS COUNTY OFFICE OF EMPLOYMENT AND TRAINING MOVED by Mrs. McBean-Clairborne, seconded by Mr. Proto, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the Office of Employment and Training and the Probation Department have entered into a cooperative agreement whereby fifty percent of a Transition Workforce Specialist position is located in and paid out of the Probation Department budget in order to take advantage of a twenty percent State reimbursement on the salary and fringe benefits, and WHEREAS, the County's payroll system will not accurately calculate fringe benefits when one person is split across two positions in two departments where the standard work week for a position in one department is thirty-five hours per week and the standard work week for a position in another department is forty hours per week, and WHEREAS, the Office of Employment and Training has a need to increase the standard work week of a Transition Workforce Specialist position from thirty-five hours to forty hours per week in order to make twenty hours per week worked in that department the equivalent of fifty percent of forty hours per week position as opposed to fifty-seven percent of a thirty-five hour per week position, and WHEREAS, in the long run it is not practical to manually adjust the fringe benefit accrual every two weeks and failure to do so would result in the employee actually accruing fringe benefits at one - hundred -seven percent, and WHEREAS, there is no intention at this time to fill the other fifty percent of this position, the increase in hours of the position results in no change to the budget since it does not reflect an increase in hours of the incumbent and State reimbursement arising from this cooperative venture would be beneficial to the organization as a whole, now therefore be it RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee, That the standard workweek for one position of Transition Workforce Specialist (12-783) shall be increased in hours from thirty-five to forty hours per week effective April 10, 2005, RESOLVED, further, That no additional funding is required. SEQR ACTION: TYPE 1I-20 RESOLUTION NO. 87 - AUTHORIZATION TO EXECUTE EXTENSIONS OF SNOW AND ICE AGREEMENTS WITH THE TOWNS IN TOMPKINS COUNTY 147 May 17, 2005 MOVED by Mrs. McBean-Clairborne, seconded by Mr. Proto, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the County of Tompkins has heretofore entered into agreements with the nine (9) Towns in Tompkins County pursuant to Section 135a of the State Highway Law relating to removal of snow and ice from County highways in towns and incorporated villages, and WHEREAS, said agreements provide for an annual review to consider modifications to such snow and ice services, and WHEREAS, it would be in the best interest of the County to extend said agreements, as currently set to expire December 31, 2005, as modified and updated, for an additional period, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That extensions of said snow and ice agreements are hereby authorized for a period of up to three years from January 1, 2006, through December 31, 2008, and the County Administrator be and hereby is authorized and directed to execute such extensions on behalf of the County. SEQR ACTION: TYPE I1-20 Approval of Appointment(s) Under the Consent Agenda It was by Mrs. McBean-Clairborne, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, to approve the following appointment(s) under the Consent Agenda: Economic Development Loan Oversight Committee Diane Goodman - Micro -Enterprise Business representative; no set term Planning Advisory Board Brian Martinson - Education representative; term expires December 31, 2006 Report and Presentation of Resolution(s) from the Health and Human Services Committee Ms. Robertson, Chair, reported the Committee met on May 4th and had an interesting discussion about housing and the Comprehensive Plan, looking at the action items that are underway relating to housing. She stated there will be a 3-5 year needs assessment conducted on housing to find out what the specific housing needs are in Tompkins County. Mr. Marx, Planning Commissioner, reported several communities are already discussing model -zoning provisions that would encourage affordable housing. The Committee discussed homelessness with Department of Social Services staff and learned that emergency bed nights, although lower than last year, are still high for the first four months of this year. Ms. Robertson said the Committee requested more in-depth information on trends and the people who are using the shelters. Ms. Robertson said the Committee considered a couple of position requests and discussed why there seems to be such a high turnover in the Department of Social Services this year. Tom Herden, DSS Director of Administrative Services, reminded the Committee that former Commissioner Mary Pat Dolan had warned the Legislature that the Department had downsized as much as possible over recent years. It now appears that they have come to the end of their ability to absorb increasing workloads. Ms. Robertson said the number of Medicaid cases handled by the Department had increased by 62% over the last four years. The Committee met Dr. Robin Robinson, a child Psychiatrist who is working halftime for the County and halftime for Family and Children's Services. An update was also given on the SRO's progress (Single -Room Occupancy); Ms. Robertson said there may be five additional beds approved for that program and three more in the apartment program. 148 May 17, 2005 Linda Riley of the Mental Health Department provided the Committee with an overview of the D.O.O.R.S. (Domestic Offense Offender Re-education Services) program. The Committee also received an update from Lee Dillon, Executive Director of Tompkins Community Action, on local and federal programs and also on the local housing situation. Ms. Dillon reported to the Committee that 798 families have found housing under the Section 8 program even though there have been some complaints that landlords are not accepting Section 8. Ms. Robertson announced the next meeting will be June 1st. RESOLUTION NO. 88 - AUTHORIZING INCREASE IN HOURS FOR ECONOMIC SECURITY SUPERVISORS AND REQUEST FOR CONTINGENT FUNDS — DEPARTMENT OF SOCIAL SERVICES MOVED by Ms. Robertson, seconded by Mrs. McBean-Clairborne. Mr. Proto questioned the funding for a position of Director of Eligibility. Mr. Whicher said that position was not filled nor funded last year during the budget process along with an agreement that the Department of Social Services was going to restructure. The Department has done that and figured out how to handle the workload. The Department now needs funds to add five hours to four positions so that the added work can be managed by the employees. Ms. Robertson said this work has to be done and the Department has found a way to do it at a much lower cost than before. A short roll call vote resulted as follows: Ayes - 13, Noes - 0, Excused - 2 (Legislators Kiefer and Totman). RESOLUTION ADOPTED. WHEREAS, after the retirement of the Director of Eligibility on September 24, 2004, the Department of Social Services chose to not fill the position immediately in order to consider process and cost-containment measures, and WHEREAS, the Department did so with the stipulation that it could reinstitute the position should it become necessary, and WHEREAS, by leaving the position vacant, it has become apparent that certain duties of the previous Director of Eligibility have been unavoidably absorbed by the supervisors who previously reported directly to said Director, and WHEREAS, the Department recognizes the additional work that has been placed on these supervisors and realizes that an increase in hours is necessary and justified, and WHEREAS, the cost of increasing the hours of the supervisors is cost-saving in relation to filling the Eligibility Director position, now therefore be it RESOLVED, on recommendation of the Health and Human Services and Budget and Capital Committees, That effective February 14, 2005, the following positions be increased from 35.0 hours per week to 40.0 hours per week: 2.0 Head Social Welfare Examiners — Grade 16 (604) Emergency Services Coordinator — Grade 15 (689) Principal Social Welfare Examiner — Grade 14 (568) RESOLVED, further, That the Director of Finance is authorized to make the following pro -rated 2005 budget adjustments and appropriation: Budget Adjustment FROM: A6010.44610 Federal: DSS Admin $16,242 TO: A6010.51000.604 Salary - Head Social Welfare Examiners $ 6,256 A6010.51000.689 Salary - Emergency Services Coordinator $ 2,844 A6010.51000.558 Salary - Principal Social Welfare Examiner $ 2,585 A6010.58800 Fringes $ 4,557 Appropriation 149 FROM: TO: A1990.54400 A6010.51000.604 A6010.51000.689 A6010.51000.558 May 17, 2005 Contingent Fund Salary- Head Social Welfare Examiners Salary- Emergency Services Coordinator Salary- Principal Social Welfare Examiner A6010.58800 Fringes RESOLVED, further, That the Department of Social Services' Fiscal Target by the annualized net local share of the salary and fringe costs associated with the hours, or $18,360. SEQR ACTION: TYPE II -20 Report from the Air Service Committee $16,241 $ 6,256 $ 2,843 $ 2,585 $ 4,557 shall be increased above increase in Ms. Blanchard, Chair, reported the Committee met on June 9 and spent time reorganizing its schedule and work program for the year. She also said the Northwest service is working very well and enplanements are up. The next meeting will be June 20th. Report and Presentation of Resolution(s) from the Planning, Development and Environmental Quality Committee Ms. Herrera, Chair, reported the Committee met on May 4th. At that meeting Michael Stamm, President of Tompkins County Area Development, provided the Committee with information on the IDA's (Industrial Development Agency) mission, policies, and procedures. He also had a chart of property tax abatement values. He pointed out that the value of tax abatements compares favorably with job creation which is a goal of economic development. Ms. Herrera said she asked what could be done when a project seems to be progressing differently than what was originally proposed. After some discussion it was suggested that a memorandum of understanding on project parameters might be helpful. The Committee also discussed how the IDA is sensitive to the hope of jobs going to County residents; however, there is a need to promote workforce investment so that there can be local residents who are qualified for these new jobs. Ms. Herrera said the Committee received a report from Debra Giordano, Director of Workforce Development, on the resolution pertaining to the Workforce Development Board that is on the agenda this evening. Also discussed by the Committee was the inter- relationships between jobs and tourism jobs and incentives and how important that the burden doesn't fall too heavily on any one sector. Ms. Giordano reported on the Workforce Investment Board and the transition they are in and how Tompkins County suffers because of the flawed formula relating to the relationship of underemployment to unemployment. Because Tompkins County has so many students in its population it makes it look as if the County is doing much better in terms of unemployment than it really is. Ms. Giordano reported they served over 9,100 job seekers last year. The Committee heard a report on the MPO (Metropolitan Planning Organization) survey about park and ride feasibility. Ms. Herrera said the Watershed assessments continue and the Committee will get a report on May 19th. She announced a workshop entitled "Watershed Assessments for Fall Creek, Salmon Creek, and Cayuga Inlet - An Integrated Approach to Flood Mitigation and Water Resources Management" will be held on May 19th at the Beverly Livesay Conference Room at the Human Services Building. The next Committee meeting will be June 1 at 2:30 p.m. RESOLUTION NO. 89 - APPROPRIATION FROM CONTINGENT FUND — ADMINISTRATIVE EXPENSES — TOMPKINS COUNTY WORKFORCE INVESTMENT BOARD 150 May 17, 2005 MOVED by Ms. Herrera, seconded by Ms. Blanchard. In response to a question posed by Mr. Lane, Ms. Giordano said this funding will be allocated towards payroll, fringe and operating expenses. She said she will continue to pursue other funding and if successful, she would apply that funding towards this purpose. She said the Workforce Development Department is fairly secure in terms of the federal funding formula. The problem area is with competitive grants and she said she does not expect that to change. Ms. Giordano said the Department is in the process of long-range planning and said the Legislature should expect a request for funding in the 2006 budget. She said the County supported the start-up costs of the Workforce Development program and also provided an allocation in 2001 for a $17,000 shortfall. These are the only local property tax dollars that have been allocated to the program. A short roll call vote resulted as follows: Ayes - 13, Noes - 0, Excused - 2 (Legislators Kiefer and Totman). RESOLUTION ADOPTED. WHEREAS, the Tompkins County Workforce Investment Board will experience State and Federal funding cutbacks in 2005, and WHEREAS, no additional funding sources or grant opportunities have been identified to offset the shortage, and WHEREAS, in order to meet the minimum administrative responsibilities of the Workforce Investment Board through December 2005, an appropriation from the contingency fund will be needed, now therefore be it RESOLVED, on recommendation of the Planning, Development and Environmental Quality and Budget and Capital Committees, That the Director of Finance appropriate a total of $40,830 to the Workforce Investment Board's 2005 budget from the Contingent Fund, RESOLVED, further, That the money be distributed to the following accounts: From: A1990.54000 Contingent Fund $40,830 To: CD6290.45031 Interfund Contribution $40,830 SEQR ACTION: TYPE II -20 Report and Presentation of Resolution(s) from the Budget and Capital Committee Mr. Koplinka-Loehr, Chair, reported the Committee met on May 10 and most of the business is reflected on the agenda. In addition, the Committee approved requests to fill eight positions. The next meeting will be May 24th. RESOLUTION NO. 90 - ESTABLISHMENT OF 2006 COUNTY FINANCIAL GOALS MOVED by Mr. Koplinka-Loehr, seconded by Ms. Robertson. Mr. Whicher distributed an overview of the County budget over the last ten years and also five scenarios for the proposed 2006 budget. He explained each of the scenarios and what assumptions were contained in each. It was MOVED by Mrs. McBean-Clairborne, seconded by Ms. Herrera, to change the second Resolved to read: "RESOLVED, further, That the Legislature establishes the goal of a maximum annual increase in the tax levy of zero percent for 2006," Mr. Proto said he is disappointed that the Legislature is going through this exercise when most Legislators recently attended a budget retreat. At that retreat, he thought the consensus was that there was agreement that a zero percent budget would be presented. He said he assumed that would be included in the original resolution, and asked what has changed between the time of that retreat and the Budget and Capital Committee meeting. Mr. Koplinka-Loehr stated that the percentage that was brought forward at the beginning of the budget retreat was three percent. It was also stated at that time that more 151 May 17, 2005 information was needed on Capital expenses; following the receipt of that information the figure remained at three percent. Mr. Penniman said he did not view the budget retreat as a decision-making meeting. There were questions that came out of it as to what is doable and he believes those questions were answered. He said he will support the amendment and if it fails he will offer a substitute. Ms. Herrera said she wants to move the discussion away from data and to the people who pay tax. Some of her friends have been forced to sell their homes in Fall Creek. She said it is up to this Legislature to show some leadership in this budget process. Last year this Legislature aimed for a goal of three percent and although that wasn't met she believes if a goal is set, it is more likely to come closer to meeting it. Mr. Lane said he will support zero percent because he sees it solely as a goal and he knows there are things that cannot be anticipated. He said it is very difficult for a County Administrator to put together two budgets and that Mr. Whicher should be charged with doing only one. This discussion needs to be about people and he has never heard as much complaining from people as he hears now about taxes of all jurisdictions and school districts. Mrs. McBean-Clairborne said she appreciates the scenarios that have been presented by County Administration. She agrees with Mr. Lane and does not anticipate that a goal of zero percent will be met, however, she would like to begin there. She said this Legislature will be forced to make decisions but has to figure out the best way to have a balance in tax equity and supporting the services that are needed. Mr. Koplinka-Loehr said he will not support a goal of zero percent because it would have to come out of the Fund Balance or it will give a message to the entire organization that there will be a three percent cut. He cannot support placing six months of fear on already -stressed employees and does not find this fiscally responsible. Mr. Koplinka-Loehr said the Community Advisory Panel gave this Legislature a recommendation to look at the long-term and he feels the County could attain a long term goal that is fiscally responsible at three percent. It was MOVED by Ms. Robertson to amend the amendment, changing the second Resolved to read: ""RESOLVED, further, That the Legislature establishes the goal of a maximum annual increase in the tax levy of two percent for 2006," and to amend the final Resolved to read: "RESOLVED, further, That the County Legislature establishes a goal for 2006 of maintaining our total workforce level at or below current levels". MOTION FAILED DUE TO LACK OF A SECOND. Ms. Robertson said she will not support Mrs. McBean-Clairborne's amendment because she favors the language contained in the substitute Mr. Penniman is prepared to offer. In that resolution the County Administrator is charged with recommending a budget with a tax levy increase of zero percent; however, the goal of the Legislature is to adopt a maximum tax levy increase of three percent. Ms. Blanchard said she is supportive of Mrs. McBean-Clairborne's amendment. She stated that identifying specific capital projects that are reflected in the $500,000 reduction is not a good thing for this Legislature to do now. She said she has no problem looking for $500,000 in the capital budget but doesn't want it to be conveyed to the public that that there will be a delay with the Public Safety Communications System by voting on something the scenarios are attached to. Mr. Penniman spoke relative to capital planning and noted that recent draft capital budgets that he has seen do not include a jail project for the next few years. Although it doesn't appear that anything will need to be done in the immediate future, it may come up in the next few years and would cost a significant amount of money. Mr. Penniman reported on a request made of County Administration to 152 May 17, 2005 do a comparison of other similar -size counties to show how the impact of similar programs and similar State mandates have effected other counties. He said some counties have raised sales tax and some have raised property taxes. He said sales tax increases over the last five years range from $1 million to $10 million in the group of comparable counties and property tax changes in the last five years range from - $2 million to $16.5 million (Tompkins County). He said if a look is taken at the aggregate there is a total of a $20 million increase in combined sales and property taxes, with very little increase in the population. He said this Legislature needs to be mindful of this and do whatever is possible to minimize it. It was MOVED by Mr. Booth, seconded by Mr. Proto, to amend the amendment by adding the following language in the second Resolved: "a deferred program change of not greater than 4.6 percent". Mr. Whicher clarified this would mean $1 million in reductions to current programs. Mr. Koplinka-Loehr said this is a million dollar "handcuff' that he cannot support. Following a discussion with opposition being expressed to this amendment because it was felt there needs to be flexible thinking in this process and this motion may take away opportunities to reduce spending, a voice vote on the amendment to the amendment resulted as follows: Ayes - 7 (Legislators Blanchard, Booth, Koplinka-Loehr, Lane, Penniman, Proto, and Schuler); Noes — 6 (Legislators Herrera, Joseph, McBean- Clairborne, Robertson, Todd, and Winch); Excused - 2 (Legislators Kiefer and Totman). MOTION FAILED. Mr. Winch said although this will cause a tremendous amount of work for this Legislature and department heads he believes it is worthwhile and will support the amendment. A voice vote on the original amendment resulted as follows: Ayes — 10; Noes - 3 (Legislators Joseph, Koplinka-Loehr, and Schuler); Excused - 2 (Legislators Kiefer and Totman). MOTION CARRIED. A voice vote on the resolution as amended resulted as follows: Ayes — 10; Noes - 3 (Legislators Joseph, Koplinka-Loehr, and Schuler); Excused - 2 (Legislators Kiefer and Totman). RESOLUTION ADOPTED. WHEREAS, Tompkins County, as part of its budget policy and process, wishes to develop financial parameters for the County, to establish the framework for the budget over the next year, now therefore be it RESOLVED, on recommendation of the Budget and Capital Committee. That the Legislature establishes the goal of reducing the 2005 ($7.18/thousand) tax rate for 2006 by approximately 6.2 percent (to $6.72/thousand), RESOLVED, further, That the Legislature establishes the goal of a maximum annual increase in the tax levy of zero percent for 2006, RESOLVED, further, That the County Administrator shall be charged to recommend modifications to employee health and prescription costs and further consolidations of departments and functions where opportunities exist for improved efficiencies, RESOLVED, further, That the County establish a goal of maintaining workforce levels at or below current levels in the 2006 Budget. SEQR ACTION: TYPE II - 20 RESOLUTION NO. 91 - ESTABLISHING SALARIES AND BENEFITS OF MANAGEMENT AND CONFIDENTIAL EMPLOYEES, 2005 MOVED by Mr. Koplinka-Loehr, seconded by Mr. Lane. Mr. Booth said he cannot support this resolution because he feels the salary adjustment is too high. Mr. Winch questioned if action should be 153 May 17, 2005 taken on this when there are other unresolved contracts. Mr. Koplinka-Loehr responded that discussions have been held with both groups. Mr. Joseph stated the response from those groups was that they did not support the three-tier formulary on prescription drugs. A roll call vote resulted as follows: Ayes - 12, Noes - 1 (Legislator Booth), Excused - 2 (Legislators Kiefer and Totman). RESOLUTION ADOPTED. WHEREAS, from 1988-2004, the Legislature has reviewed the salary schedules for Management and Confidential employees, and WHEREAS, the schedule developed during that time period to bring certain salaries into alignment will still take several years to complete, now therefore be it RESOLVED, on recommendation of the Budget and Capital Committee, That Management and Confidential employees newly hired, reclassified, or who changed positions after January 1, 2001, are currently salaried based upon the relevant County salary schedule, RESOLVED, further, That all incumbents in Management positions on January 1, 2005, shall receive an increase of 1.5 percent if their salary exceeds the relevant salary schedule or 2.0 percent if their salary is equal to the relevant salary schedule, RESOLVED, further, That effective January 1, 2005, Confidential employees shall receive an increase of 1.75 percent if their salary exceeds the relevant salary schedule or 2.0 percent if their salary is equal to the relevant salary schedule, RESOLVED, further, That effective June 1, 2005, Management and Confidential employees may elect to have their individual longevity payments paid into a Voluntary Employee Benefit Account (VEBA), RESOLVED, further, That effective June 1, 2005, incumbents in Management positions shall become able to accumulate compensatory time to a maximum of three weeks, RESOLVED, further, That effective June 1, 2005, prescription drug coverage for Management and Confidential employees shall transfer to a three tier prescription drug coverage system that will include employee co -payments at the levels of $5 (generic), $15 (preferred brand name), and $25 (non - preferred brand name) as outlined in related prescription drug provider documents, RESOLVED, further, That effective June 1, 2005, expected savings realized from the switch to a three tier prescription drug coverage system that includes co -payments at the levels of $5, $15 and $25, (based on calculation from actual usage reports during 2004) shall be pro -rated for the remaining term of the year and paid to Management and Confidential employees as an addition lo the relevant salary schedule, RESOLVED, further, That the set-aside limit for Flexible Spending accounts for unreimbursed medical costs for Management and Confidential employees shall be increased to $5,000 in 2006, RESOLVED, further, That Management and Confidential employees shall receive longevity payments as provided for in a relevant compensation schedule and shall be entitled to all other fringe benefits specified in Administrative Policy 03-01, fringe benefits for non -unionized employees. SEQR ACTION: TYPE II - 20 RESOLUTION NO. 92 - ACCEPTING THE FOCUS AREA RECOMMENDATIONS RESULTING FROM THE COUNTY'S STRATEGIC PLANNING PROCESS MOVED by Mr. Koplinka-Loehr, seconded by Mr. Penniman, and unanimously adopted by voice vote by members present. WHEREAS, Tompkins County government seeks to continually improve its processes and services, and 154 May 17, 2005 WHEREAS, the County has completed a Strategic Planning process, including five planning sessions between December 2004 and April 2005, that involved the gathering and compilation of comprehensive input from Department Heads and Legislators, and WHEREAS, the planning process has resulted in the identification of organization -wide Focus Areas that are important to the County's current and future pursuit of excellence over the next three to five years, now therefore be it RESOLVED, on recommendation of the Strategic Planning Committee, That the County Legislature accepts the Focus Area recommendations (dated May 2005) as a blueprint for various specific and overall organizational improvements over the next 3 — 5 years, RESOLVED, further, That the Legislature encourages the appropriate standing committees and departments to use the Focus Areas summary as a starting point for the development of proposals, work plans, initiatives etc. to implement the recommendations, RESOLVED, further, That the Chair of the Legislature, in consultation with Administrative staff and departments heads, periodically keep the Legislature informed of actions taken toward implementing the focus areas and directions outlined in the planning document. SEQR ACTION: TYPE 11-20 Tompkins County Strategic Planning FOCUS AREA RECOMMENDATIONS, May 17, 2005 SUMMARY The County's strategic planning process entailed a variety of overlapping methods — including written and verbal responses to questions, group discussions, and prioritization exercises. These methods were used to collect and review a broad range of input from County Department Heads and Legislators. Beginning with Department Head reports on the priorities and challenges within their departments and continuing through brainstorming and debate among Legislators on organization -wide issues, the input has been rich and thoughtful. The most significant benefit of this inclusive strategic planning process is a better understanding of what is important to our organization as a whole. Taking into account the themes and commonalties among responses and comments, as well as priorities expressed by both Department Heads and Legislators, certain topics have appeared and been supported repeatedly. As a result, a set of ideas or directions has emerged. The process has resulted in the realization that gaining consensus on the importance of one direction over another is nearly impossible. Also, not all directions have had unanimous support. Most participants could list their top priorities; in contrast, when ideas where combined in group meetings, the outcome was not clear prioritization but a comprehensive list of repeated and well -supported directions. Therefore, rather than try to designate a short list of key directions, the Legislature has agreed on four focus areas that are recommended for increased attention by County government over the next 3 to 5 years. The overall goal for County government is and should be continual improvement in all we do. The items within the focus areas will be used as a guide for organization -wide improvements over the next 3 to 5 years. The focus areas: 155 May 17, 2005 1. indicate items that will require more intensive attention in the near future, or areas that can be addressed now through department -driven initiatives or Legislative policy decisions; and/or 2. reaffirm areas to which we are already applying attention and resources; and/or 3. serve as starting point for development of action plans and timelines for implementation. While the regular work of departments — as determined by legislative and department priorities and vital to the mission of County government — will continue, many of the focus areas will influence aspects of how the Legislature and various departments operate. Tentative assignments for implementation indicate where the lead responsibility will reside for carrying each item forward. FOCUS AREAS With the exception of Fiscal Viability, which was considered to be of prime importance, the focus areas are not in priority order. The items within each focus area are arranged by relative importance, as agreed upon by the Legislators. Implementation assignments are tentative and may be expanded or changed. Long -Range Fiscal Viability Achieving long-term stability while maintaining a balance between spending limits and the need for services 1. Work to control taxes, reduce spending, and reduce the tax burden on residents — Legislature, Administration, Department Heads 2. Investigate alternative revenues Legislature 3. Support economic development — Legislature 4. Expand organization -wide efforts to increase efficiencies —Administration, Department Heads, County staff 5. Educate public on County services; increase understanding of what tax dollars pay for — Public Information, Departments/Programs, Legislature 6. Increase community partnerships; involve citizens, business community, educational institutions, other governments and agencies — Legislature, Department Heads 7. Improve inter -municipal cooperation and explore potential benefits of consolidation — Legislature, relevant departments 8. Address space issues in County facilities — Legislature, Space Needs Committee, Planning Dept., Facilities Dept. 9. Pursue improved energy conservation in County buildings — Facilities Dept., County staff Improved Decision Making Tools and Program Flexibility Improving decision-making tools to assure long-range fiscal viability; helping departments stay nimble and responsive to community needs 1. Promote organization -wide outcome -based program evaluation; find ways to verify the true cost of cutting/keeping preventative programs — Administration, Department Heads 2. Promote use of well -supported data and data analysis as a basis for decision-making — Legislature, Administration, Department Heads 3. Explore technologies that make data -gathering more efficient and accurate —Administration, Department Heads, Information Technology Services 4. Provide steady support for departments; recognize need for personnel, equipment, training, and technology —Legislature, Administration 156 May 17, 2005 5. Institute long-range planning and, in particular, long-range human services planning based on demographic trends — Legislature, Administration, human services departments and agencies, Planning Dept., community organizations 6. Keep up with current technologies; plan for technological changes — Information Technology Services, Department Heads, Administration, Legislature Support of the Workforce Support of issues having to do with the hiring, retention. development, and management of County personnel 1. Build and support an effective diversity and inclusion program for County government — Legislature, Personnel, Administration, Department Heads, Workforce Diversity and Inclusion Committee, County staff 2. Provide adequate training and staff development, including cross -training within and across departments and training using new technologies — Personnel, Legislature, Administration, Information Technology Services, Department Heads 3. Promote consolidation/coordination of programming and support skills across and within departments; promote improved communication among departments — Department Heads, Administration, cabinets, Personnel, Legislature 4. Focus on succession planning/recruitment and development of management leaders — Department Heads, Administration, Personnel 5. Promote performance evaluation for staff—Administration, Personnel, Department Heads 6. Improve staff -Legislator relationships; improve communication and understanding between Department Heads and Legislators; promote more reliance on staff expertise — Legislature, Department Heads 7. Develop salary improvement program — Legislature Equity and Justice Promotion of economic well-being and social fairness for all 1. Work for economic justice and well-being for all residents — Legislature 2. Build and support an effective diversity and inclusion program for County government — Legislature, Personnel, Administration, Department Heads, Workforce Diversity and Inclusion Committee, County staff Report and Presentation of Resolution(s) from the Government Operations Committee Mr. Lane, Chair, reported the Committee has not met since the last Legislature meeting. RESOLUTION NO. 93 - ADOPTION OF LOCAL LAW NO. 1 OF 2005 - A LOCAL LAW CREATING A NEW ARTICLE IX OF §150 OF THE TOMPKINS COUNTY CODE - ARTICLE IX - EXEMPTION FOR HISTORIC BARNS MOVED by Mr. Lane, seconded by Mr. Proto. Ms. Blanchard referred to the draft law and asked for an explanation of the following language: "Pursuant to §483-b of the Real Property Tax Law there shall be an exemption from taxation to the extent provided in that section of the Real Property Tax Law". Ms. Coggin, Director of Assessment, stated the exemption on a historic barn is to the extent of the increase in assessment that would be exempt for ten years from taxation. She also stated the increase in assessment is the only portion that would be exempt and it does not include any barn that is used for commercial or residential purposes. 157 May 17, 2005 A voice vote resulted as follows: Ayes - 9; Noes - 3 (Legislators Blanchard, Booth, and Todd); Excused - 2 (Legislators Kiefer and Totman); Temporarily out of the Room - 1 (Legislator McBean- Clairborne). RESOLUTION ADOPTED. WHEREAS, in order to preserve historic barns within Tompkins County it is deemed prudent to provide an exemption as an incentive to maintain and restore these structures, and WHEREAS, a public hearing was held before the Tompkins County Legislature on May 17, 2005, to hear all persons interested in proposed Local Law No. 1 of 2005 - A Local Law Creating a New Article IX of §150 of the Tompkins County Code - Article IX - Exemption for Historic Barns, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That proposed Local Law No. 1 of 2005 - A Local Law Creating a New Article IX of §150 of the Tompkins County Code - Article IX - Exemption for Historic Barns, 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 RESOLUTION NO. 94 ADOPTION OF LOCAL LAW NO. 2 OF 2005 - A LOCAL LAW CREATING A NEW ARTICLE X OF §150 OF THE TOMPKINS COUNTY CODE - ARTICLE X - EXEMPTION FOR IMPROVEMENTS TO PROPERTY MADE PURSUANT TO THE AMERICANS WITH DISABILITIES ACT OF 1990 MOVED by Mr. Lane, seconded by Ms. Robertson. Ms. Coggin stated if the increase in assessment is due to the alteration to the home to accommodate the Americans with Disabilities Act of 1990 an exemption may be granted for a period of up to ten years. An exception to this would be if the improvements were made prior to the adoption of this exemption, a partial exemption could be granted for the remaining time of the ten-year period. The maximum exemption is 100 percent of the added value of the home. Ms. Coggin stated that typically handicapped changes do not add to the market value of a property unless a room is added. Mr. Lane said efforts need to be made to try to reduce the cost of institutionalizing people and it is cheaper to keep a disabled person in their home and is better from a humane aspect as well. He said this is a small token to the family who puts out a big expenditure so that the disabled person can stay at home. A voice vote resulted as follows: Ayes - 13, Noes - 0, Excused - 2 (Legislators Kiefer and Totman). RESOLUTION ADOPTED. WHEREAS, a public hearing was held before the Tompkins County Legislature on May 17, 2005, to hear all persons interested in proposed Local Law No. 2 of 2005 - A Local Law Creating a New Article X of §150 of the Tompkins County Code - Article X - Exemptions for Improvements to Property Made Pursuant to the Americans with Disabilities Act of 1990, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That proposed Local Law No. 2 of 2005 - A Local Law Creating a New Article X of §150 of the Tompkins County Code - Article X - Exemptions for Improvements to Property Made Pursuant to the Americans with Disabilities Act of 1990, 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. 158 SEQR ACTION: TYPE I1-20 May 17, 2005 RESOLUTION NO. 95 ADOPTION OF LOCAL LAW NO. d OF 2005 - A LOCAL LAW PROVIDING THAT UNREIMBURSED CERTAIN MEDICAL AND PRESCRIPTION DRUG EXPENSES BE EXCLUDED FROM INCOME IN DETERMINING SENIOR CITIZENS TAX EXEMPTION (Resolution Lost) MOVED by Mr. Lane, seconded by Mrs. McBean-Clairborne. Ms. Herrera said this exemption is not stated clear enough; therefore, she cannot support it. Ms. Robertson said she is also opposed to this because it will apply to people that are low income enough that they already get the partial income exemption and would put a large number of people into that category. Mr. Lane disagreed and spoke of the expanding costs of medical care and prescription costs. He said some of the elderly people who would be eligible for this are just over the breaking point and although there may be some this would help to become eligible for an exemption, he believes it is worthwhile. Mr. Booth said by limiting this to one year there will be an opportunity to review what the impact will be. A voice vote resulted as follows: Ayes - 6 (Legislators Booth, Joseph, Lane, McBean- Clairborne, Schuler, and Winch); Noes - 7 (Legislators Blanchard, Herrera, Koplinka-Loehr, Penniman, Proto, Robertson, and Todd); Excused - 2 (Legislators Kiefer and Totman). RESOLUTION FAILED. WHEREAS, a public hearing was held before the Tompkins County Legislature on May 17, 2005, to hear all persons interested in proposed Local Law No. d of 2005 - A Local Law Providing that Unreimbursed Certain Medical and Prescription Drug Expenses be Excluded from Income in Determining Senior Citizens Tax Exemption, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That proposed Local Law No. d of 2005 - A Local Law Providing that Unreimbursed Certain Medical and Prescription Drug Expenses be Excluded from Income in Determining Senior Citizens Tax Exemption, 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 11-20 Report and Presentation of Resolution(s) from the Public Safety Committee Mr. Penniman, Vice Chair, reported in addition to the resolution on the agenda, the Committee approved two position requests. [Mr. Winch was excused at 8:23 p.m.] RESOLUTION NO. 96 - DIRECTING THE COLLECTION AND COMPILATION OF CRIMINAL JUSTICE DATA MOVED by Mrs. McBean-Clairborne, seconded by Mr. Penniman. Mr. Proto thanked Mrs. McBean-Clairborne for continuing to pursue a version of the resolution he had requested in 2004; 159 May 17. 2005 however, he does not feel this accomplishes what he wanted to have done. He referred to the second Resolved and said he does not support the language it contains. He said his hope was that an independent review of the material could be conducted. Ms. Robertson said she believes a lot can be done internally before conducting an outside review. She referred to a document she prepared entitled "Criminal Justice Data: Hypotheses to Test" which she has distributed to all Legislators. She asked that comments be submitted to her as soon as possible. [Mr. Lane was excused at 8:26 p.m.] It was MOVED by Mr. Proto to Table action on this resolution indefinitely. MOTION FAILED DUE TO A LACK OF SECOND. A voice vote resulted as follows: Ayes - 10, Noes - 1 (Legislator Proto), Excused - 4 (Legislators Kiefer, Lane, Totman, and Winch). WHEREAS, the Tompkins County Legislature wishes to track the flow of individuals through the criminal justice system, and WHEREAS, data on how people interact with the system and how those interactions change over time is critical to evaluating criminal justice programs, and WHEREAS, a better understanding of how people move through the system can identify problem area or opportunities for positive intervention, and WHEREAS, it is a goal of the Legislature to maximize the effectiveness of public funds spent on criminal justice programs by ensuring that each individual is treated in the least costly manner that will still ensure justice and public safety, and WHEREAS, the experience and expertise of our professional staff in criminal justice matters is an invaluable resource for understanding and improving the functioning of the system, now therefore be it RESOLVED, on recommendation of the Public Safety Committee, That the County Administrator and his staff are directed to compile the publicly available statistical data on individuals in the criminal justice system, preserving anonymity of specific individuals by deleting personal information, and to keep that compilation current so that changes over time can be observed, RESOLVED, further, That the heads of departments and agencies that work in criminal justice are requested to work with County Administration to gather and interpret data and to offer guidance and advice about what policy or program changes might be suggested by the data, RESOLVED, further, That Administration staff is encouraged to work closely with the Criminal Justice Advisory/Alternatives to Incarceration Board, municipalities, and courts on this project. SEQR ACTION: TYPE I1-20 Report and Presentation of Resolution(s) from the Facilities and Infrastructure Committee Mr. Penniman, Chair, reported the Committee received a report from Solid Waste Division on its financial situation. At this time it looks positive; however, they are anticipating some major expenses in the future. The Committee received a report from the Highway Division on equipment needs and learned that the equipment account has been underfunded over the last several years. They are now in a situation where many of the pieces of highway equipment are old and in need of replacement. Staff will be working on preparing a realistic estimate of what costs this would entail and will present the information to the Committee next month. Mr. Penniman reminded Legislators the field trip of highway projects will take place on June 27 from 9 a.m. to noon. He announced the Facilities and Infrastructure meeting schedule for May 24 has been cancelled. [Mr. Booth left the meeting at 8:27 p.m.] 160 May 17, 2005 RESOLUTION NO. 97 - BUDGET ADJUSTMENT — SOLID WASTE MOVED by Mr. Penniman, seconded by Ms. Robertson. Mr. Proto asked if some of the youth education and group outreach would be directed at County residents outside the City. Mr. Penniman responded that it would not; however, with regard to open burning and the education that needs to go with it the Solid Waste Division will provide materials for public education at the time the open burning regulation takes effect. Mr. Marx said this is was program that was ongoing but cut from the budget; revenues then came in higher for recyclables than anticipated so the program is now being continued. Mr. Proto expressed concern for the County residents who are having trouble with recycling. Mr. Marx said this program will be directed towards youth education and composting, and at the time the open burning regulations go into effect there will be efforts made to educate residents about how to transition from open burning to recycling. A voice vote resulted as follows: Ayes - 9; Noes - 1 (Legislator Proto); Excused - 5 (Legislator Booth, Kiefer, Lane, Totman, and Winch). RESOLUTION ADOPTED. 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: Solid Waste Title Amt Approp Acct Title(s) Fund Balance $11,650 CL8165.54442 Professional Services Fund Balance $15,000 CL8163.52231 Vehicles Explanation: Funds needed for Cooperative Extension Group Outreach Composting ($7,000) and Youth Education ($4,650). Funds needed to purchase replacement vehicle. SEQR ACTION: TYPE II -20 Report from the Space Needs and Location Committee Mr. Proto, Chair, reported the Committee met on May 11th and had a very progressive and decisive meeting. He commended Andrew Tutino, Ithaca Journal Reporter, on a recent article he wrote with regard to the work the Committee has been doing. Mr. Proto said the Committee will be making a special presentation to the full Legislature in the near future. Mr. Proto alerted Legislators that they will soon be receiving a memo from him identifying the site that has been the subject of discussion as well as what departments might occupy that site. The next meeting will be June 8th and a special meeting has been scheduled for June 22nd. [Ms. Robertson left the meeting at 8:34 p.m.] Approval of Minutes of May 3, 2005 It was MOVED by Ms. Herrera, seconded by Ms. Schuler, and unanimously adopted by voice vote by members present, to approve the minutes of May 3, 2005 as corrected. Adjournment On motion the meeting adjourned at 8:35 p.m. 161 June 7, 2005 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 Legislators. Excused: 1 (Legislator Kiefer). Privilege of the Floor by the Public Desiree Rogers, Coordinator of the Tompkins County Treatment Court, invited members of the Legislature to the next Drug Court Graduation/Fifth Year Anniversary taking place on June 15, 2005, at 2:00 p.m. She spoke of the innovative program that has assisted many individuals to lead productive lives within the community. Ms. Rogers said alumni will speak at the graduation as well as Frank Jordan, representative of the New York State Drug Court Director Judith Kluger; 6th District Administrative Judge Judith O'Shea; Western New York representative Karen Ambrosic; and Assistant District Attorney Dennis McCabe. Privilege of the Floor by Legislators Ms. Blanchard, District No. 1 Legislator, reported that Mike Stamm, Tompkins County Area Development Director, was honored by receiving the 2005 Economic Developer of the Year award, which is presented to a single individual annually, at the New York State Economic Development Council Annual Meeting in Cooperstown. Ms. Blanchard said he was not aware he was to be the recipient of this award and she believes it not only honors the work of Mr. Stamm, but Tompkins County Area Development as their work was a good part of why he was chosen. Ms. Blanchard also reported that following the May 17 request for contingency funds for administrative costs, the Workforce Investment Board met on May 24 and have been reviewing options for continued management as well as other scenarios to be explored to provide long-range financial planning. Mr. Lane, District No. 14 Legislator, also congratulated Mr. Stamm and noted that the Economic Workforce Development Program the County fosters, the Industrial Development Agency and other County funding, and the Private/Public partnerships to special task forces have all contributed to new jobs, living wages, and maintaining youth within the community through local employment and are reasons for the entire County to be proud. Mr. Lane said the Dairy Day will take place Saturday, June 10th, with the parade starting at 9:30 a.m., and will include a variety of attractions and music to celebrate the dairy industry and its accomplishments. Ms. Robertson, District No. 13 Legislator, reported that in April at the Annual New York State Immunization Conference held in Cooperstown, New York, Ms. Karen Bishop, Community Health Nurse Supervisor, received the Gerald D. Errion Award, which is given each year to one individual in recognition of outstanding dedication and service in promoting immunizations to improve public health. Ms. Robertson then announced the Cayuga Addiction Recovery Services (CARS) will be having an open house at their new residential facility on June 10th from 1 - 4 p.m., and on June 18th from 2-4 there will be a Sustainability Fair at the Lehman Alternative Community School. Also, she reported the Sciencenter will be showing June 18 from 3:30 - 4:30 the Lansing Middle School video entitled "Green Homes" in the Tompkins County area. 162 June 7, 2005 Mr. Joseph, Chair, stated he has heard numerous requests to evaluate the criminal justice programs and he recounted a number of evaluations of drug courts that have been done in the local community and around the state and country. Two County evaluations, done in 2002 and 2003, showed that drug treatment courts "work and save money". A report of drug courts statewide, done by the Center for Court Innovation in 2003, included the Ithaca City Drug Treatment Court and showed that "drug courts work and save money". The Center for Court Innovation has a pending report titled "Drug Courts - Beyond 'Do They Work"' that will explain the widespread growth and success of drug treatment courts, adding that this community's drug courts have been selected for a visit from the Center for Court Innovation based on the courts' reputation for exemplary operations. Mr. Joseph also pointed out that the President's National Drug Control Strategy advocates for a nearly double increase in funding to drug court programs in 2006 based on statistical success indicators for drug courts around the nation. Mr. Joseph stated individuals who work within the programs evaluate daily and make adjustments to make the programs more effective. He believes that some individuals do not like the programs. Mr. Joseph does not feel the need to get consultants. Mr. Proto, District No. 7 Legislator, requested Mr. Joseph provide him with the reports mentioned. He said he had asked to have a "fresh set of eyes" review the outcomes; if there is so much controversy it can't hurt to have the review. Mr. Proto stated he does not know how many programs are operational, which ones have been requested by the State, and how each are designed. He would like to reserve judgment until more facts are received. Mr. Totman, District No. 9 Legislator, apologized for his absence this past month. He stated he was in the hospital of his own choosing and he appreciated the support and comments from individuals. Mrs. McBean-Clairborne, District No. 2 Legislator, announced the Greater Ithaca Activities Center (GIAC) will be holding their annual street fest and open house on Saturday, June 10th from 1 - 7 p.m. She then expressed her appreciation to police and emergency service agencies who worked with the improvised explosive device found at Wal-Mart. Mrs. McBean-Clairborne said she was troubled by the incident and felt that while individuals have a right to be expressive in protesting it should be done in a manner that would not damage or harm others. She does not know who is responsible but feels the incident did not send the message that may have been intended. Ms. Robertson noted that the Living Wage Coalition in the Ithaca Journal expressed condemnation for violence or attempted violence such as the device. Ms. Schuler, District No. 4 Legislator, spoke of the Tompkins Community Action's 39th Annual Dinner and shared a centerpiece that highlighted the many services of the agency. She then spoke of the 100th anniversary concert of the Ithaca High School Orchestra; alumni from 1935, 1936, and 1937 attended the evening of wonderful music. Ms. Schuler reported that the New York Times Metro section carried an article on the controversial Red Bud Woods proposed parking area. She shared historical aerial photographs of the proposed parking site and expressed her belief the parking lot is not necessary as the Tompkins Consolidated Area Transit (TCAT) busses go by the area every ten minutes. Mrs. McBean-Clairborne spoke of her participation as a representative of GIAC during the Ithaca Festival. She felt it was a fabulous event that needs to continue. Mr. Booth, District No. 3 Legislator, stated the Legislature and community should be aware of how many resources have to be dedicated to a non -injury incident such as the device found in the Wal- Mart parking lot. Mr. Penniman, District No. 15 Legislator, reported the independent cable company serving a portion of his district has not had the benefit of viewing the Tompkins County Legislature meetings. He said several years ago as part of the agreement with the company the broadcasts were to be shown by 163 June 7, 2005 receiving a signal from Time Warner Cable, but this has not occurred. At this time they have been requested to broadcast as agreed and the company is working on how to obtain the signal. If they cannot broadcast live they are considering other options available. Mr. Proto noted this cable company also serves a portion of Danby and Caroline and he would like to accompany Mr. Penniman during meetings. Chair's Report Mr. Joseph said with regard to the possible Commissioner of Public Works/Planning position he is scheduling a joint meeting of Facilities and Infrastructure, Government Operations, and Planning, Development and Environmental Quality Committees to be held prior to the next Legislature meeting. Mr. Joseph said this will allow the subject to come before the Legislature for a determination on whether to proceed, and a public hearing can be scheduled. Report from the County Administrator Mr. Whicher noted the agreement with the Corrections Division was before the Legislature to vote on ratification. Report from the County Attorney Mr. Wood reported that Assistant County Attorney Bruce Wilson has announced his retirement the end of July. He reminded Legislators of Mr. Wilson's work that brought additional funds to the County and noted he will be seeking to fill the vacancy in the near future. Report from the Finance Director Mr. Squires provided the Legislators with a copy of the Real Property Tax Foreclosure Public Auction catalog. He reported although the preview night was the same evening as the Ithaca Festival Parade there were twenty individuals present. Mr. Squires announced the annual Tompkins County Tobacco Securitization meeting will be held on June 21st. Addition of Resolution(s) to the Agenda It was MOVED by Mr. Koplinka-Loehr, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present, to add the resolution entitled Clarifying Prescription Drug Coverage Changes for Tompkins County Legislators, 2005, to the agenda. It was MOVED by Mr. Koplinka-Loehr, seconded by Ms. Schuler, and unanimously adopted by voice vote by members present, to add the resolution entitled Ratification of Bargaining Agreement - Corrections Officers Local 2062 Union, to the agenda. Withdrawal of Resolution(s) from the Agenda There were no resolution(s) withdrawn from the agenda. Approval of Resolution(s) Under the Consent Agenda It was MOVED by Mr. 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. 98 - FUNDING OF TOURISM PROJECT GRANTS 164 June 7, 2005 MOVED by Mr. Penniman, seconded by Mr. Booth, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, Tompkins County has a grant program for supporting tourist -generating projects using funds drawn entirely from Room Occupancy Tax, and WHEREAS, Tompkins County has requested and reviewed grant applications for recommendation to the Tompkins County Legislature 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: PRI - Museum of the Earth - Snake Stones of Ammon Exhibit $10,000 Cayuga Chimes - Fingerlakes Barbershop Invitational 2006 $ 5,000 Ithaca Downtown Partnership - Holidays Around the World - Ice Sculpture $ 5,600 TOTAL $20,600 RESOLVED, further, That the County Administrator or designee shall be authorized to sign any documents related to the aforementioned projects. SEQR ACTION: TYPE 11-20 RESOLUTION NO. 99 - FUNDING OF TOURISM MARKETING AND ADVERTISING GRANTS MOVED by Mr. Penniman, seconded by Mr. Booth, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, Tompkins County has a grant program for the marketing and advertising of tourist - generating events using funds drawn entirely from Room Occupancy Tax, and WHEREAS, Tompkins County has requested and reviewed grant applications for recommendation to the Tompkins County Legislature 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: PRI - Museum of the Earth - Snake Stones of Ammon Exhibit $ 5,000 Cayuga Chimes - Fingerlakes Barbershop Invitational 2006 $ 3,000 Ithaca Triathlon Club - Cayuga Lake Triathlon 2005 $ 5,000 Grassroots Festival - Grassroots 2005 $ 5,000 Cayuga Voice Ensemble- Cayuga Vocal Ensemble 2006 Concert $ 3,000 Community Arts Partnership - The Greater Ithaca Art Trail $ 4,000 TOTAL $25,000 RESOLVED, further, That the County Administrator or designee shall be authorized to sign any documents related to the aforementioned projects. SEQR ACTION: TYPE 1I-20 RESOLUTION NO. 100 - AUTHORIZATION TO ACCEPT 2004 STATE WATER QUALITY COORDINATING COMMITTEE MINI -GRANT FUNDING MOVED by Mr. Penniman, seconded by Mr. Booth, and unanimously adopted by voice vote by members present under the Consent Agenda. 165 June 7, 2005 WHEREAS, the New York State Soil and Water Conservation Committee and New York State Department of Environmental Conservation have awarded state water quality coordination committee mini -grant funds to the Tompkins County Water Resources Council, and WHEREAS, the Tompkins County Water Resources Council serves as the water quality coordinating committee in Tompkins County, and WHEREAS, the grant funds will be used in accordance with the grant requirements to help administer the Tompkins County Water Resources Council and to partner with local agencies and organizations to implement a low impact development demonstration project, implement a stormwater retrofit demonstration project, and to develop and implement a local strategy that addresses watersheds impacted by failing onsite wastewater treatment systems, and WHEREAS, the Tompkins County Planning Department will administer these grant funds on behalf of the Tompkins County Water Resources Council, and WHEREAS, the cooperating organizations and agencies have already agreed to undertake the projects if grant funds are awarded, now therefore be it RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee, That the County hereby agrees to accept these grant funds in the amount of $46,000, RESOLVED, further, That the following adjustments be made to the 2005 Budget: APPROPRIATION: A8020.43959 State Aid Planning $46,000 EXPENDITURES: A8020.54442 Professional Services $46,000 RESOLVED, further, That the County Administrator or his designee is authorized to execute any contracts necessary for the purposes of managing the grant. SEQR ACTION: TYPE 18 and TYPE 11-21 RESOLUTION NO. 101 - AUTHORIZATION TO ACCEPT 2004 FEDERAL FARM AND RANCH LANDS PROTECTION PROGRAM FINANCIAL ASSISTANCE MOVED by Mr. Penniman, seconded by Mr. Booth, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the United States Department of Agriculture (USDA) Natural Resources Conservation Service administers the Farm and Ranch Land Protection Program that provides matching funds to help purchase development rights to keep productive farm and ranch land in agricultural uses, and WHEREAS, to qualify for the program, farmland must: be part of a pending offer from a State, tribe, or local farmland protection program; be privately owned; have a conservation plan for highly erodible land; be large enough to sustain agricultural production; be accessible to markets for what the land produces; have adequate infrastructure and agricultural support services; and have surrounding parcels of land that can support long-term agricultural production, and WHEREAS, in January, 2004, the New York State Department of Agriculture and Markets awarded Tompkins County funds through its Agricultural and Fainiland Protection Program to assist the County in its farmland protection efforts regarding the acquisition of a conservation easement on the Donald Howser Farm in the Town of Lansing, and WHEREAS, in May, 2005, the USDA Natural Resources Conservation Service awarded Tompkins County $107,000 in Farm and Ranch Land Protection Program Federal financial assistance for the purchase of a conservation easement on Mr. Howser's Farm in conjunction with the State's Agricultural and Farmland Protection Program, and WHEREAS, the New York State Department of Agriculture and Markets is Lead Agency under the State Environmental Quality Review (SEQR) for all projects funded through the Agricultural and Farmland Protection Program and is conducting a SEQR review that will be completed prior to disbursement of grant funds, and 166 June 7, 2005 WHEREAS, the Tompkins County Planning Department will administer these Farm and Ranch Land Protection Program grant funds, and the partnering organizations and agencies (Finger Lakes Land Trust, Cornell Cooperative Extension of Tompkins County, New York State Agriculture and Markets, and Mr. Howser) have already agreed to undertake the projects if grant funds are awarded, now therefore be it RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee, That the County hereby agrees to accept Farm and Ranch Land Protection Program funds in the amount of $107,000, RESOLVED, further, That the County Administrator or his designee be authorized to execute any contracts necessary for the purposes of managing the grant. SEQR ACTION: Unlisted (SEQR review will be completed by New York State Department of Agriculture and Markets) RESOLUTION NO. 102 - AUTHORIZATION FOR PUBLIC HEARING - TOMPKINS CORTLAND COMMUNITY COLLEGE OPERATING BUDGET - 2005 - 2006 MOVED by Mr. Penniman, seconded by Mr. Booth, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, Tompkins Cortland Community College is a joint enterprise of Tompkins County and Cortland County whose budgets must be acted on by each county, now therefore be it RESOLVED, on recommendation of the Budget and Capital Committee, That a public hearing be held before the Tompkins County Legislature in Legislative Chambers of the Tompkins County Courthouse, 320 North Tioga Street, Ithaca, New York, on Tuesday, June 21, 2005, at 5:30 o'clock in the evening thereof concerning the 2005 - 2006 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 is hereby authorized and directed to place proper notice of such public hearing in the official newspaper of the County. SEQR ACTION: TYPE I1-20 RESOLUTION NO. 103 - AUTHORIZING A PUBLIC HEARING ON PROPOSED LOCAL LAW NO. 4 OF 2005 - A LOCAL LAW IN RELATION TO THE ALTERNATE VETERANS EXEMPTION FOR REAL PROPERTY TAXES (REPEALS LOCAL LAW NO. 1 OF 1997) MOVED by Mr. Penniman, seconded by Mr. Booth, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, an amendment to the alternate veterans exemption for real property taxes has been reviewed by the Government Operations Committee, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That a public hearing be held before the Tompkins County Legislature in Legislative Chambers of the Tompkins County Courthouse, 320 North Tioga Street, Ithaca, New York, on Tuesday, June 21, 2005, at 5:30 o'clock in the evening thereof concerning proposed Local Law No. 4 of 2005 - A Local Law In Relation to the Alternate Veterans Exemption for Real Property Taxes (Repeals Local Law No. 1 of 1997). 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. 167 SEQR ACTION: TYPE II -20 June 7, 2005 RESOLUTION NO. 104 - AUTHORIZATION TO ACCEPT NEW YORK STATE EXPEDITED WIRELESS 911 GRANT FUNDING - DEPARTMENT OF EMERGENCY RESPONSE MOVED by Mr. Penniman, seconded by Mr. Booth, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, Resolution No. 34 of 2004 authorized the Department of Emergency Response to apply to the New York State 911 Board for funding to assist the County in achieving "Phase 2" capability for the 911 emergency call system, and WHEREAS, the County has been awarded $322,833 for this purpose, and the funding is applicable to various on-going and planned projects, now therefore be it RESOLVED, on recommendation of the Public Safety Committee, That Tompkins County accepts the Expedited Deployment Grant Funding, RESOLVED, further, That the following budgetary accounts be adjusted accordingly: REVENUE 3410.43389 Other Public Safety $322,833 APPROPRIATION 3410.52230 Computer Software $156,006 3410.52222 Communications Equipment $143,626 3410.52206 Computer Equipment $ 23,201 SEQR ACTION: TYPE II -20 RESOLUTION NO. 105 - BUDGET ADJUSTMENTS — VARIOUS DEPARTMENTS 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, Public Safety and Planning, Development and Environmental Quality Committees, That the Director of Finance be directed to make the following budget adjustment on his books: Office for the Aging Revenue Acct Title Amt Approp Acct Title(s) 6780-43803 State Revenue $36,118 6780-54491 Subcontract 6774-43803 State Revenue $ 7,512 6774-54491 Subcontract Explanation: Revenue increase permits increase in subcontract for FISEP and Foodnet programs. Probation and Community Justice Revenue Acct Title Amt Approp Acct Title(s) 3990-42705 Gifts & Donations $15,000 3990-54491 Subcontract 3990-42705 Gifts & Donations $ 1,106 3990-54333 Education and Promotion 3990-42705 Gifts & Donations $ 3,000 3990-51000049 Project Assistant 3990-42705 Gifts & Donations $ 300 3990-58800 Fringes Explanation: Appropriation of remaining drug court support grant funds. ITCTC Revenue Acct Title Amt Approp Acct Title(s) 8675-44959 8675-44959 Federal Aid Federal Aid $ 3,000 8675-54412 $ 6,000 8675-54442 168 Travel and Training Professional Service Fees June 7, 2005 Explanation: To include $9,000 of recently reprogrammed FHWA funds from previous years into the current year's FHWA revenue and appropriations for the hiring of an intern and for staff travel and training in the TransCAD modeling program. SEQR ACTION: TYPE 11-20 Approval of Appointment(s) Under the Consent Agenda It was 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: Fish and Wildlife Management Board Ron Updike - Alternate Sportsman representative; term expires December 31, 2005 Fire, Disaster and EMS Advisory Board Phineas K. Reeves - City of Ithaca representative; term expires December 31, 2006 Lyle Neigh - City of Ithaca representative; term expires December 31, 2007 Report from the Space Needs and Location Committee Mr. Proto, Chair, announced the Committee will meet on June 8, 2005. Report from the Health and Human Services Committee Ms. Robertson, Chair, reported the Committee met on June 1, 2005; the next meeting will be on July 6, 2005. She spoke of Ms. Bishop's report that provided information on the maternal care unit and the Child/Adult immunization program and its clinics. In addition, the Committee approved a Public Health Sanitarian position, noting it is a busy time of year with temporary events under way. Ms. Robertson said preliminary budget information was discussed for several County departments, and it appears the Health Department's state reimbursements are more stable than in previous years. The Health Department reported on amendments to admission policy at Cornell University regarding tuberculosis testing; it may result in a higher incident of "exposure cases" but overall will assist in early treatment. Ms. Robertson reported the SPCA Acting Director Jim Tantillo spoke of the agency's new facility and intake procedures. The contract with the County Health Department expires at the end of the year and he indicated a desire to continue the work. Mr. DeLuca, Mental Health Commissioner, reported on his budget, which is being amended to match the County's budget cycle more fully. Ms. Zahler, Youth Services Director, reported that there have been minimal cuts from the State, however municipalities have had more substantial cuts for their program; to maintain at the 2005 level it would require an additional $50,000 of funding. Ms. Robertson reported information regarding youth programs designed to avoid foster care and detention indicated a savings of almost $80,000. She spoke of the Department of Social Services stating the good news is the soft cap on Medicaid, but not all information on funding has been clarified to know what the overall outcome will be. The Committee received a report from Lifelong on the programs offered; the tax counseling program assisted 849 individuals and brought tax returns in the amount of $657,000 into the hands of residents. That program is implemented mostly by volunteers with the help of a $7,000 grant from the Internal Revenue Service. Ms. Schuler inquired whether meningitis inoculations will be a requirement for students, and if so if promotional information should be provided. Mr. Joseph indicated he believes it will be required. 169 June 7, 2005 Ms. Blanchard stated that regarding information on savings for Youth Programs it should be recognized that the dollars mentioned are not the net savings as they do not include the cost of the program. Report of the Air Service Committee Ms. Blanchard, member, reported the Committee will be meeting on June 20th when they will have a discussion with Ricondo Associates, contract negotiators with US Airways. She expects a report from the subcommittee shortly and will forward information. Ms. Blanchard said initial reports are favorable with an approximate 70 percent load factor; it appears US Air lost some business but it may be due to dropped flights within the past year. She said it is not yet known how the merger between Northwest and AmericaWest may affect operations, they both have benefits and she believes it may work into a low-cost carrier. Report from the Planning, Development and Environmental Quality Committee Ms. Herrera, Chair, offered congratulations to Planning Department staff member Kate Hackett and family on the birth of their daughter. She then reported that a majority of work done by the Committee was reflected within the Consent Agenda. Ms. Herrera informed the Legislature new staff has been hired by the Tompkins County Chamber of Commerce. She also reported a brief meeting occurred prior to the Legislature meeting during which the resolution related to Ithaca Tompkins County Transportation Council and the amended rollover requests were approved. The next meeting will occur on July 6th at 2:30. Report and Presentation of Resolution(s) from the Budget and Capital Committee Mr. Koplinka-Loehr, Chair, reported the Committee met on May 24th with Mr. Booth acting as Chair of the Committee. He reported the work of the Committee consisted of rollover request discussions as well as resolutions appearing or forthcoming on the Legislature's agenda. The June 14th meeting will have discussions relating to funding for recruitment efforts as well as how to direct departments in fiscal targets for a zero percent increase. He stated questions regarding the resolution regarding the Tompkins Cortland Community College budget would be addressed at the next Legislature's meeting. Mr. Koplinka-Loehr said additional discussions and resolutions will include the "red -circled" positions as well as a discussion on the transfer and mortgage tax discussed last year. RESOLUTION NO. 106 - CLARIFYING PRESCRIPTION DRUG COVERAGE CHANGES FOR TOMPKINS COUNTY LEGISLATORS, 2005 MOVED by Mr. Koplinka-Loehr, seconded by Mrs. McBean-Clairborne, and unanimously approved by voice vote of members present. WHEREAS, the Legislature intended that when certain prescription drug coverage benefit changes were made on May 17, 2005 (Resolution No. 91 of 2005) for all Tompkins County Management and Confidential employees, that all members of the Legislature should also be subject to those same changes in prescription drug coverage, now therefore be it RESOLVED, That effective June 1, 2005, prescription drug coverage for all Tompkins County Legislators shall transfer to a three tier prescription drug coverage system that will include county legislator co -payments at the levels of $5 (generic), $15 (preferred brand name) and $25 (non -preferred brand name) as outlined in related prescription drug provider documents, RESOLVED, further, That the set-aside limit for Flexible Spending accounts for unreimbursed medical costs for Tompkins County Legislators shall be increased to $5,000 in 2006. SEQR ACTION: TYPE II -20 170 June 7, 2005 RESOLUTION NO. 107 - RATIFICATION OF BARGAINING AGREEMENT - CORRECTIONS OFFICERS LOCAL 2062 UNION MOVED by Mr. Koplinka-Loehr, seconded by Mr. Totman. Ms. Robertson expressed appreciation for the negotiation team. Mr. Booth stated he cannot support the resolution as he feels the 3.25 percent increase is too high. Mr. Proto inquired if longevity bonuses were included in the offer and was informed it was. A voice vote resulted as follows: Ayes - 12; Noes - 2 (Legislators Booth and Winch); Excused - 1 (Legislator Kiefer). RESOLUTION ADOPTED. RESOLVED, on recommendation of the Negotiating Committee, That the bargaining agreement between Tompkins County and the Corrections Officers Local 2062, for the year January 1, 2005, through December 31, 2005, is hereby ratified. SEQR ACTION: TYPE I1-20 Report and Presentation of Resolution(s) from the Government Operations Committee Mr. Lane, Chair, stated he did not believe the mortgage tax discussion mentioned by Mr. Koplinka-Loehr should take place as it has been voted down twice previously. While other members would like to see an increase he would not support it. He then reported the Committee met on May 18th and discussed the veteran's exemption resolution appearing on the Consent Agenda. He thanked Mr. Franklin, Assessment Department's Assistant Director, for his attendance to answer any questions relating to the exemptions. The Committee reviewed information available from the interne which provided information of the positive and negative aspects of the contents, and also reviewed information regarding other counties' decisions regarding this topic; no conclusions have been reached. In addition, a report of the work provided by the Public Information Officer was heard. Mr. Lane said the other business was the resolution coming before the Legislature regarding the Tompkins County Public Library's request for funding for equipment. Mr. Proto said the Gannet Foundation should be approached for a grant as the Library houses historical information relating to the local newspaper. RESOLUTION NO. 108 - APPROPRIATION FROM CONTINGENT FUND - EQUIPMENT - TOMPKINS COUNTY PUBLIC LIBRARY (Resolution Lost) MOVED by Mr. Lane, seconded by Mr. Booth. Mr. Winch said the amount is large; the County's departments are asked to develop replacement schedules for equipment and funding for the equipment requested should have occurred; he will not support the request. Mr. Totman said a request such as this should not occur half way through a budget year and will not support it. Mr. Proto inquired how much funding is left in the contingent fund and was informed by Mr. Squires that approximately $100,000 of the $1,080,000 has been used thus far. Mr. Proto said the Dynix system supports the four rural libraries and reading centers in the County. He does not believe the Dynix changeover is within the Library's control but is a decision made by the Finger Lakes Library System. He also said the request is due to several machines failing and requests of this nature are not unusual. Mr. Proto believes that if the funds for the upgrade to the Polaris system is not approved it will affect access to the libraries within the county. He does not believe the amount is too high and said the Dynix cost was higher than the proposed new system is; we are doing more with less money spent. 171 June 7, 2005 Ms. Frey, Assistant Director of the Tompkins County Public Library, said the library does have a plan for computer replacement that was temporarily set aside due to the budgetary constraints faced recently. Some machines have been replaced in 2004 and others planned for 2005. As part of the plan it was thought the older computers could be used for the Polaris system that was chosen by the Finger Lakes Library System for circulation services, however when specifications were received it became apparent it would not work due to configuration requirements to access the system. Ms. Blanchard asked if Mr. Proto's statement about the rural libraries reliance on the system that is being chosen is accurate. Ms. Frey said that it would affect them indirectly as it used to process requests that are sent to the rural libraries; without the system it will be much more difficult to fulfill requests. Mr. Joseph believes it is a budgetary matter, not an equipment matter and if it was critical the equipment would be purchased. He said the amount is small in comparison to the library's budget and it seems inappropriate to make a contingency fund request. Ms. Robertson believes it should not be viewed the same as a departmental request. She believes compatibility difficulties are common when dealing with new technology; while she has concerns she will support the request. Mr. Proto suggested the Tompkins County Public Library submit a request to the Universal Service Fund for reimbursement as he believes it would be covered. Mr. Lane appreciates the points but said contingency funds are for unexpected things; based on the equipment failure and exhausted budget he believes it is a legitimate request. Mr. Fawcett, in charge of finance and personnel for the Tompkins County Public Library Board, thanked the Legislature for its funding of the library this past year. He wished to reassure the Legislature that the library has been very careful in budget planning and has moved funding as much as possible to replace equipment. He said the requirement to move to the Polaris system is not a choice they have and the request is to do what is needed to continue service to patrons. A roll call vote on the resolution resulted as follows: Ayes - 7 (Legislators Booth, Koplinka- Loehr, Lane, Penniman, Proto, Schuler, and Robertson); Noes - 7 (Legislators Blanchard, Herrera, Joseph, McBean-Clairbome, Todd, Totman, and Winch); Excused - 1 (Legislator Kiefer). RESOLUTION LOST. WHEREAS, the Tompkins County Public Library relies on the Tompkins County Legislature for funding of basic operating expenses, and WHEREAS, the Tompkins County Public Library has experienced a need for the replacement of a microfilm reader/printer, a library materials check-in workstation, and computers, and WHEREAS, no additional funding sources or grant opportunities have been identified to fund these items, and WHEREAS, in order to meet the basic library service needs of its users, an appropriation from the contingency fund will be needed, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the Director of Finance appropriate a total of $26,000 from the Contingency Fund to the Tompkins County Public Library. SEQR ACTION: TYPE II -20 Report from the Public Safety Committee Mrs. McBean-Clairbome, Chair, reported the Committee met June 2nd and heard a report from Town of Caroline Supervisor Donald Barber regarding law enforcement services for the Towns and 172 June 7, 2005 Villages. Mr. Barber's Intermunicipal group will meet again on June 15th. At this time there are no decisions to report. Other items to take note of from the meeting included a report that New York State is again requiring the Probation Officers to become compliant with regard to training in use of firearms. If the thirteen employees do not do so state aid will be withheld. Ms. Leinthall, Probation Director, will work with the Sheriff and others to perfoim the required training. Mrs. McBean-Clairborne also reported on a 911 grant that will bring $322,000 to the County and said the rollover requests, previously reviewed by the Budget and Capital Committee, were reviewed and approved. She noted more funding was received for the Assigned Counsel program as well as $1,605 for the sex -offender cases. Mrs. McBean-Clairborne reported a discussion on a combination of data -sharing projects last year took place along with a discussion of a hypothesis test as an attempt to evaluate justice services. She said there are still questions and she will meet with Mr. Penniman and Ms. Robertson to determine what questions need to be answered. Ms. Robertson said with regard to the rollover requests for the jail, $160,000 is for renovations of the civil side and repairs to the ventilation in the shower area of the jail. She spoke of the shower areas lack of ventilation causing mold. Ms. Robertson said board out of inmates may be required while the work is being done and the costs have been built into the request. Report and Presentation of Resolution(s) from the Facilities and Infrastructure Committee Mr. Penniman, Chair, reported the Committee met briefly to discuss the resolutions presented within the agenda. The Committee will meet again on June 14th. RESOLUTION NO. 109 - AUTHORIZATION TO EXECUTE FUNDING AGREEMENT WITH NEW YORK STATE DEPARTMENT OF TRANSPORTATION (NYSDOT) — LOWER BROOKTONDALE BRIDGE REHABILITATION — COUNTY ROAD 115 OVER SIX -MILE CREEK (BIN 1045990) MOVED by Mr. Penniman, seconded by Mr. Proto. Mr. Proto disclosed that he owns three properties that come together at this intersection. He indicated he is working with the Highway Department regarding questions of access. Mr. Penniman stated a previous Committee resolution approved the increase which was due to increased material costs since the original approval. Mr. Wood suggested Mr. Proto abstain from voting. A voice vote resulted as follows: Ayes - 13; Noes - 0; Abstained - 1 (Legislator Proto); Excused - 1 (Legislator Kiefer). RESOLUTION ADOPTED. WHEREAS, a Project for the Rehabilitation of the County Road 115 Bridge over Six -Mile Creek, BIN 1045990, P.I.N. 375400, (the Project) in the Town of Caroline, is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs of such program to be borne at the ratio of eighty percent Federal funds and twenty percent non -Federal funds, arid WHEREAS, Resolution No. 248 adopted on October 19, 1999, approved the Project and authorized execution of an agreement with the New York State Department of Transportation regarding administration and funding of Scoping, Design (Phases I -VI), and Rights -of -Way Incidentals, and WHEREAS, in order to expedite advancement of the Project and realize potential total project cost reductions, the New York State Department of Transportation requires the County to appropriate one hundred (100%) percent of the project costs and then file for reimbursement of eligible costs, and WHEREAS, the County of Tompkins desires to advance the above project by making a commitment of one -hundred percent of the non -Federal share of the costs of Construction, Construction Inspection and Supervision, now therefore be it 173 June 7, 2005 RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the Tompkins County Legislature hereby approves the above -subject project and authorizes the County of Tompkins to pay in the first instance one hundred 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 $304,000.00 is hereby made available within account HZ5103.59239.53.07, Brooktondale Bridges Capital Project Account, to cover the cost of participation in the Construction phase of the Project, RESOLVED, further, That in the event the full Federal and non -Federal share costs of the project exceeds the amount appropriated above, the Legislature shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the New York State Department of Transportation thereof, RESOLVED, further, That the Tompkins County Highway Manager be and is hereby authorized to execute all necessary Agreements, certifications, and reimbursement requests for Federal Aid and/or Marchiselli Aid on behalf of the County of Tompkins with the New York State Department of Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality's first -instance funding of Project costs and permanent funding of the local share of federal -aid and state -aid -eligible Project costs and all Project costs within appropriations therefore that are not so eligible, RESOLVED, further, That a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Proj ect, RESOLVED, further, That this resolution shall take effect immediately. SEQR ACTION: TYPE 11-20 Approval of Minutes of May 17, 2005 It was MOVED by Mr. Booth, seconded by Mr. Totman, and unanimously adopted by voice vote of members present, to approve the minutes of May 17, 2005 as corrected. Adjournment On motion the meeting adjourned at 7:05 p.m. 174 June 21, 2005 Regular Meeting Public Hearing — 2005-2006 Operating Budget for Tompkins Cortland Community College Mr. Joseph called the public hearing to order at 5:34 p.m. concerning the 2005-2006 Operating Budget for Tompkins Cortland Community College and asked if anyone wished to speak. No one wished to speak and the public hearing was closed at 5:34 p.m. Public Hearing — Proposed Local Law No. 4 of 2005 — A Local Law in Relation to the Alternate Veterans Exemption for Real Property Taxes Mr. Joseph called the public hearing to order at 5:35 p.m. concerning proposed Local Law No. 4 of 2005 A Local Law in Relation to the Alternate Veterans Exemption for Real Property Taxes and asked if anyone wished to speak. No one 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: 13 Legislators. Excused: 2 (Legislators Schuler and Todd). Mrs. McBean-Clairborne was excused at 6:42 p.m. Privilege of the Floor by the Public No member of the public wished to speak. Permission was granted during discussion of Resolution No. 117 for the Healthcare Task Force to address the Legislature as they were not present at this time. Presentation of the Distinguished Youth Award Mr. Joseph, District No. 12 Legislator, presented the June, 2005 Distinguished Youth Award to Lauren (Chibo) Shinagawa, student at the Lehman Alternatives Community School (LACS). Mr. Joseph said Ms. Shinagawa is being presented with this award for her leadership in organizing the LACS Students of Color Support Group. Privilege of the Floor by Legislators Ms. Blanchard, District No. 1 Legislator, said on Sunday she attended the "Fly -In" breakfast held at the Airport where she oversaw the table representing the Air Service Committee table and distributed bumper stickers for flyithaca.com. She called attention to a flyer distributed to all Legislators that provided tips to finding air fares from Ithaca to destinations around the world. Ms. Blanchard congratulated the Town of Ithaca and Cornell University for the announcement that was made today about the joint project in preparing a transportation -focused generic environmental impact statement for all of the potential growth scenarios, Cornell's planned development projects, and all of the things that are expected to happen over the next decade that will impact the entire County. Mrs. McBean-Clairborne, District No. 3 Legislator, congratulated Ms. Shinagawa on receiving the Distinguished Youth Award. She announced the Juneteenth celebration, which is the oldest known celebration of the emancipation of slaves, will take place this weekend and will be hosted by the Southside Community Center. She informed the Legislature that her son is graduating from Belle 175 June 21, 2005 Sherman Elementary School this evening and she will need to be excused later in the meeting to attend that event. Ms. Robertson, District No. 13 Legislator, displayed a button she was wearing that read "I vote Healthcare Now" which she received today in Dryden from members of a Task Force who walked there as part of efforts to draw public awareness to the issue of health care. The Task Foce has walked from Kingston, New York, and will walk all the way to Jamestown, with public rallies and meetings along the way. Ms. Robertson said a rally will take place this evening on the Commons and congratulated members of the Task Force for doing a terrific job in their efforts in bringing awareness to a critically important issue. Mr. Winch, District No. 8 Legislator, said he is working with Better Housing for Tompkins County to make plans for Workcamp 2005, a Christian Missions trip for teenagers from around the country who will travel to this community July 1 thru 15 to do home repairs for senior citizens and low- income persons on a volunteer basis. He said Workcamp 2003 was very successful and there are more sites this year with a total of 60 sites and an additional 21 backup sites and there will be 400 teenagers and 50 adults coming to this community. Mr. Winch said he has a list of sites and noted all work is scheduled to be completed in each of the municipalities in Tompkins County. Mr. Proto, District No. 7 Legislator, spoke in regard to the Universal Service Fund and said there was an article in the Wallstreet on June 14 which was entitled "The FCC launches a broad inquiry into the management and oversight of the Universal Service Fund". He said a memo has been drafted that will go to all local libraries and school districts, Cayuga Medical Center, and Health Planning Council because of the review that will be taking place. Mr. Proto said $30.6 billion has been distributed from this fund nationwide; he wants to make sure that all entities in Tompkins County have an adequate amount of time and access to the funds. Mr. Proto also announced Elizabeth Cree, Republican Election Commissioner for Tompkins County, was recently nominated by Senator Mike Nozzolio and awarded the Distinguished Woman of the Year Award in the 54th Senatorial District. Her nomination was based on many factors, including: she has worked within the community and was Chair of the Community Service Committee for the Rotary Club from 1999-2003, served as President of the New York State Elections Commissioners Association from 2004-2005, served as Election Commissioner to Tompkins County since 1997, has courageously fought a battle with breast cancer this past year, and is a wonderful parent to two adopted children. Ms. Kiefer, District No. 10 Legislator, said she had planned to ask for reconsideration this evening of the resolution appropriating Contingent Funds for the Library; however, she will now wait until the next meeting because not all members are in attendance this evening. Mr. Lane, District No. 14 Legislator, said he is hearing more comments than usual from his constituents about increased property taxes and assessments. He said as this Legislature enters the budget process, members need to be aware of this and listen to taxpayers, not only because it is an election year, but because people are hurting financially. Addition 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 pen 7ission to withdraw the following resolution(s) from the agenda: 176 June 21, 2005 Increase in Petty Cash Fund — Solid Waste Division Authorizing a Public Hearing on Proposed Local Law No. 3 of 2005 — A Local Law Amending the Tompkins County Charter and Code - Article 10 - Department of Planning and Article 11 - Department of Public Works Approval of Resolution(s) Under the Consent Agenda It was MOVED by Mr. Proto, seconded by Ms. Kiefer, and unanimously adopted by voice vote by members present to approve the following resolution(s) under the Consent Agenda: RESOLUTION NO. 110 - AUTHORIZING ACCEPTANCE OF A STATEWIDE OPPORTUNITIES FOR AIRPORT REVITALIZATION (SOARs) GRANT FROM THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION (NYSDOT) — TO PROVIDE FINANCIAL ASSISTANCE TO RETAIN A CONSULTANT FOR MARKETING THE ITHACA TOMPKINS REGIONAL AIRPORT (PIN 3902.53.001) MOVED by Mr. Proto, seconded by Ms. Kiefer, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the airport has applied for a grant under the 2005 Federal Small Community Air Service Development Program, and WHEREAS, said Federal grant would form part of an extensive marketing and business development program designed by the Air Service Committee (ASC), and WHEREAS, New York State Department of Transportation (NYSDOT) has offered a supporting grant under the state SOARs program to help with the costs of said marketing and business development program, and WHEREAS, in the event that said Federal grant is not forthcoming, a marketing and business development program will continue but in an amended form, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the NYSDOT grant of $50,000 be and hereby is accepted and that the County Administrator is authorized to execute the required documents. SEQR ACTION: TYPE 11-20 RESOLUTION NO. 111 — AUTHORIZATION TO EXECUTE QUITCLAIM DEEDS — SALE OF FORECLOSURE PROPERTIES AT PUBLIC AUCTION MOVED by Mr. Proto, seconded by Ms. Kiefer, and unanimously adopted by voice vote by members present under the Consent Agenda. and 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 June 9, 2005, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That upon payment in full of the bid price, plus current taxes and filing fees, that the County Administrator be and hereby is authorized to execute quitclaim deeds for all parcels sold at the public auction. SEQR ACTION: TYPE I1-20 177 June 21, 2005 RESOLUTION NO. 112 - ESTABLISHING A PUBLIC ART TASK FORCE TO OVERSEE THE DISPLAY AND INVENTORY OF COUNTY'S PUBLIC ARTWORK MOVED by Mr. Proto, seconded by Ms. Kiefer, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the County established a policy to purchase artwork by local artists to be displayed in public areas of county buildings, and WHEREAS, this artwork was placed in the Mental Health Building, the Transit Center, the Human Services Building, the Old Jail, and the Old Courthouse, and WHEREAS, this initiative dates back to the early 1990s, and WHEREAS, over time, spaces have changed and some areas that used to be public are no longer functioning that way, some of the art has been moved or is blocked from view or is otherwise not visible to the public, and WHEREAS, in April 2005, an inventory of all the public art owned by the County was undertaken with the result that approximately six pieces are not appropriately displayed for public viewing, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the public art purchased and currently owned by the County is intended to be displayed in appropriate public spaces in said County buildings, RESOLVED, further, That the artwork may be rotated among the buildings, RESOLVED, further, That the Chair of the Legislature shall appoint a Public Art Task Force to oversee the display and inventory of the County's public artwork. SEQR ACTION: TYPE 11-20 RESOLUTION NO. 113 - REVISION OF ADMINISTRATIVE POLICY 02-01 — CREATING NEW POSITIONS AND RECLASSIFYING EXISTING POSITIONS MOVED by Mr. Proto, seconded by Ms. Kiefer, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, there is a need to revise the procedure for creating new positions and reclassifying existing positions, now therefore be it RESOLVED, on recommendation of the Government Operations and Budget and Capital Committees, That the following policy be adopted, as amended, and incorporated into the Administrative Policy Manual: 02-01 - Creating New Positions and Reclassifying Existing Positions SEQR ACTION: TYPE II -20 Approval of Appointment(s) Under the Consent Agenda It was MOVED by Mr. Proto, seconded by Ms. Kiefer, and unanimously adopted by voice vote by members present, to approve the following appointment(s) under the Consent Agenda: Water Resources Council Kathy Luz Herrera, County Legislator; term expires December 31, 2005 Report and Presentation of Resolution(s) from the Budget and Capital Committee 178 June 21, 2005 Mr. Koplinka-Loehr, Chairman, said most of the business conducted at the June 14 meeting is reflected in resolutions on the agenda. He announced all Legislators should have received a Capital Project request booklet. RESOLUTION NO. 114 - IN SUPPORT OF NEW YORK STATE BILL A6637/S4197 TO ALLOW CREDIT UNIONS AND THRIFT INSTITUTIONS TO ACCEPT MUNICIPAL DEPOSITS (Referred to Committee) MOVED by Mr. Koplinka-Loehr, seconded by Mrs. McBean-Clairborne. Mr. Proto suggested that before this Legislature makes a decision to endorse the Assembly or Senate Legislation pertaining to this, that a group comprised of some of the local credit union representatives and bankers be formed to find out what these bills will or will not do. He said credit unions do not pay any federal, state or local income taxes, and they are also exempt from sales and use taxes. He stated some of the monies that come back to this County to help schools or be redistributed in many ways are from the state and federal income taxes and that some of the parties supporting this legislation don't pay those taxes. Mr. Proto disclosed that he holds a position in several commercial banks through stock and investments and is also a member of two of the local credit unions. Mr. Joseph disclosed that his wife is employed by a local credit union that would be affected by this legislation. Mr. Totman voiced opposition to this resolution and said passage of this resolution will give financial privileges to an institution that does not contribute taxes back to the community and would be taking away from those banks that do. Ms. Herrera said she is a member of two local credit unions and has an account at the Tompkins County Trust Company. She spoke of her experience with banks and credit unions and how she has been treated. She stated credit unions are owned by their members and don't usually charge monthly service fees. Ms. Herrera said she feels this provides an adequate return to the community and feels that they are equal to banking institutions in many ways. Mr. Lane said arguments can be made on both sides of this complicated issue and it would be reasonable to postpone action on this for the purpose of obtaining more information. Ms. Robertson spoke in support of the resolution and said it simply gives counties the option of where to deposit funds and in some cases there may be a benefit to taxpayers. She stated it does not require counties to do one thing or another and said she supports having more choices available when making decisions. Ms. Blanchard noted this resolution only sends a message to the State Legislature. It was MOVED by Mr. Booth, seconded by Mr. Proto, to refer this resolution back to the Budget and Capital Committee for the purpose of receiving additional input. A voice vote resulted as follows: Ayes - 8 (Legislators Blanchard, Booth, Kiefer, Lane, Penniman, Proto, Totman, and Winch); Noes - 5 (Legislators Herrera, Joseph, Koplinka-Loehr, McBean-Clairborne, and Robertson); Excused - 2 (Legislators Schuler and Todd). MOTION CARRIED. WHEREAS, the General Municipal Law of the State of New York requires that local governments designate one or more banks or trust companies for the deposit of public funds, and 179 June 21, 2005 WHEREAS, many states and large cities throughout the United States expressly allow for the deposit of public funds in credit unions, savings banks, and savings and loan associations (hereinafter referred to as "thrift institutions"), and WHEREAS, the State of New York remains one of the few states where banks and trust companies are granted the ability to maintain a virtual monopoly over municipal deposits, and WHEREAS, by amending the applicable State law to permit the deposit of municipal funds in credit unions and thrift institutions, the State will be helping local governments to improve and ensure their financial strength by expanding such options, while at the same time keeping these important financial institutions viable and successful in their communities, and WHEREAS, like banks, credit unions are insured by the National Credit Union Insurance Fund, a federal agency comparable to the Federal Deposit Insurance Company, now therefore be it RESOLVED, on recommendation of the Budget and Capital Committee, That the Tompkins County Legislature calls upon the New York State Legislature to pass A6637/S4197 amending all applicable State law to allow Local government to deposit public funds in credit unions and thrift institutions. SEQR ACTION: TYPE II -20 RESOLUTION NO. 115 - ADOPTION OF 2005-2006 OPERATING BUDGET - TOMPKINS CORTLAND COMMUNITY COLLEGE MOVED by Mr. Koplinka-Loehr, seconded by Mr. Totman. Ms. Herrera spoke in support of this resolution and the number of lives that have been positively impacted by Tompkins Cortland Community College. Mr. Lane noted the College has not requested an increase from Tompkins County in over three years. He also spoke of a reduction of $400,000 in the College's budget last year that had to be absorbed when the State did not increase the promised FTE assistance. He said this is a modest increase that is being shared by Cortland County. Mr. Winch spoke in support of this resolution and said he agrees with Mr. Lane's comments. He said TC3 has a business development program that works with local business to improve management skills. The College also retrains people who have lost their jobs and need to go back to school to learn new skills. Mr. Winch said these are generally the people who are residents of this community and who will remain in this community. Ms. Robertson said she voted against this resolution at the Budget and Capital Committee meeting. Although she agrees with comments made, she also feels after attending the TC3 budget presentation, that there are number of staff positions that are being added in the proposed budget. She said since Tompkins County is looking at such a tight budget situation she cannot support this. Mr. Totman said he agrees with the comments made by Mr. Winch. He said TC3 benefits the entire County and has a proven success record with the number of individuals who graduate from the College. Ms. Blanchard said she agrees with the comments made by Ms. Robertson. Mr. Booth said the College has done well with the resources they have been given and while he is committed to not increasing the tax levy, he believes that can happen even with this very small increase. A voice vote resulted as follows: Ayes - 11; Noes - 2 (Legislators Blanchard and Robertson); Excused - 2 (Legislators Schuler and Todd). RESOLUTION ADOPTED. 180 June 21, 2005 WHEREAS, a proposed operating budget for Tompkins Cortland Community College for the fiscal year September 1, 2005, through August 31, 2006, 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 21st of June 2005, now therefore be it RESOLVED, on recommendation of the Budget and Capital Committee, That said proposed 2005-2006 operating budget in the amount of $25,815,965 of which the sponsoring community contribution is in the amount of $3,568,500 be and the same hereby is approved, RESOLVED, further, That the Legislature of Tompkins County includes in the 2006 Tompkins County Budget an amount to be determined pursuant to the approved plan for said College in effect as of September 1, 2005, and that the amount when determined be raised by taxation in the County of Tompkins in the fiscal year 2006, 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. 116 - CONTINGENT FUND APPROPRIATION OF $620,000 TO PAY FOR COUNTY SHARE OF THE INITIAL COST OF THE IMPLEMENTATION OF THE TOMPKINS CORTLAND COMMUNITY COLLEGE MASTER PLAN MOVED by Mr. Koplinka-Loehr, seconded by Mr. Booth. Mr. Booth said it is his understanding that this is a cash-flow mechanism and does not increase the County's financial obligation at all. Mr. Lane spoke of the recent increases in construction material costs and stated moving this forward will avoid future cost increases. A short roll call vote resulted as follows: Ayes - 13, Noes - 0, Excused - 2 (Legislators Schuler and Todd). RESOLUTION ADOPTED. WHEREAS, Tompkins Cortland Community College has received budget approval from its sponsors and New York State on a $27,000,000 Campus Master Plan to upgrade and expand its facilities, and WHEREAS, site work on the master plan project is scheduled to commence this month, and WHEREAS, the State of New York has advised the college that funding for the State share of the project will not be available until spring of 2006, and WHEREAS, the college is desirous of starting work during the current construction season but is unable to advance sufficient funds to cover the cost of initial project expenses without sponsor assistance of $1,000,000, now therefore be it RESOLVED, on recommendation of the Budget and Capital Committee, That an appropriation of $620,000 be authorized from the Contingent Fund to provide for Tompkins County's sixty-two percent share of the $1,000,000 construction advance for the Campus Master Plan, RESOLVED, further, That the Finance Director coordinate with Cortland County in securing within ninety days the necessary bonding authority and intermunicipal agreements to provide for the remaining portion of sponsor funding, RESOLVED, further, That the Finance Director is authorized to make the following budget appropriations in implementation of this resolution: FROM: A1990.54400 Contingent Fund $620,000 TO: A9576.54400 Contribution to Construction $620,000 SEQR ACTION: TYPE 11-2 181 June 21, 2005 RESOLUTION NO. 117 - ESTABLISHMENT OF GUIDELINES AND FISCAL TARGETS FOR ALL COUNTY BUDGETING UNITS FOR THE PREPARATION OF THE 2006 BUDGET MOVED by Mr. Koplinka-Loehr, seconded by Mr. Penniman. Ms. Robertson requested permission for the Healthcare Task Force to address the Legislature as they had just arrived. It was MOVED by Ms. Herrera, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, to Table this resolution for the purpose of privilege of the floor by the public. Privilege of the Floor by the Public (continued) Rebecca Elgie of the Healthcare Task Force spoke of a project she and others are in the process of undertaking entitled "A Walk for Health Care Reform". Ms. Elgie said the intent of this walk is to try to bring the issues of the need for a universal health care system more into the spotlight and to express the need for so many people who are suffering. They have attended several town meetings and have received an incredible response to their efforts. They are presently one-third of their way across New York State from Kingstown to Jamestown, and will continue their walk with many more stops and rallies planned. Ms. Elgie said they have been sharing information about Tompkins County's prescription drug program with other communities who will also be pursuing similar efforts. Bernie Fetterly, another Task Force member, mentioned that the video of the healthcare panel, including Tim Joseph as one of the speakers, highlighting Tompkins County's problems has been shown to many and has been very well received. A request was made by several Legislators to view this video. It was MOVED by Mr. Proto, seconded by Ms. Herrera, and unanimously adopted by voice vote by members present to Lift Resolution No. 177 from the Table. Ms. Robertson said the Budget and Capital Committee discussed the options presented by Mr. Whicher at length. There was a motion made to have a lower target but she did not support that. She said a couple of years ago there was a great deal of stress experienced by staff as a result of the target. She said some employees saw this Legislature's deliberations in May or June and came to the conclusions that their job was going to be cut and left County government. A variety of personal decisions were made based on discussions very early in the process, and she is concerned that if that same message is given again, there will again be valuable employees who will leave. Ms. Robertson said the message she would like delivered is that this Legislature is going to be frugal and careful, but rational about spending and hopes employees will not leave as a result of stress created from the budget process. Mr. Booth said he voted against this resolution at the Budget and Capital Committee meeting because it does not include some reduction in projected target as a mechanism for helping the County Administrator and the Legislature arrive at a budget at which the levy is not increased. He stated he has not seen any logical argument for not using that as a mechanism in the budget review process. It was MOVED by Mr. Booth, seconded by Mr. Totman, to amend the first Resolved, numbers 1- 4, to add "less 2.5 percent target and" be added in the appropriate place in each of those items. Mr. Booth said this amendment will require departments to prepare budgets in which they anticipate a 2.5 percent reduction in their fiscal target. That will cause departments to place certain items as over -target requests that they might not otherwise. He said he agrees this is a stressful process but it is a useful process in trying to keep the tax levy at a zero percent increase. 182 June 21, 2005 Mr. Whicher said a reduction of 2.5 percent would generate approximately $900,000 in over - target requests. Some of those requests will be possible, but many will be an exercise in futility. He said his recommendation of zero percent target was based on the fact that there is a limited amount of time and that staff should look at programs and specific cuts that would not be generated at this reduction in targets. He said the Legislature will have more of an opportunity to make serious cuts if it looks at specific programs and positions. He said the motion made by Mr. Booth has been done and was successful in past years but he thinks all the small cuts have been made and the edges of all programs have been trimmed. Ms. Robertson noted that given certain unavoidable cost increases, such as insurance already, a zero percent increase is actually a reduction in target and is not keeping things "status quo". Mr. Joseph said this exercise would not prohibit the use of other tools, but would occupy a lot of the County Administrator's time. A roll call vote on the amendment resulted as follows: Ayes - 6 (Legislators Blanchard, Booth, Lane, Proto, Totman, and Winch); Noes - 7 (Legislators Herrera, Joseph, Kiefer, Koplinka-Loehr, McBean-Clairborne, Penniman, and Robertson); Excused - 2 (Legislators Schuler and Todd). MOTION FAILED. Mr. Penniman said he is concerned that if all programs endure small cuts, the end result may be that the County has many ineffective programs. Mr. Proto said approximately five years ago Mrs. Smithers, former Deputy County Administrator, advised this Legislature that it needed to start looking at program cuts. He said all Legislators have heard complaints from constituents about taxes and that it is time to start looking at prioritizing programs. Mr. Koplinka-Loehr said it appears that all Legislators agree that this is a useful tool; however, some Legislators feel that during this particular year it will be a distracting and stressful tool. He spoke of the process last year and said it is not a scenario he wants to have repeated this year. A voice vote resulted as follows: Ayes - 9, Noes - 4 (Legislators Booth, Proto, Totman, and Winch); Excused - 2 (Legislators Schuler and Todd). RESOLUTION ADOPTED. WHEREAS, the Tompkins County Fiscal Policy specifies that a fiscal target is the maximum amount of general revenue spending authority that a department head or program director may request without initiating an Over -Target Request, and changes in fiscal targets should be communicated to department heads and program directors as timely as possible in order for them to submit their budget requests by August 1, 2005, and WHEREAS, CSEA White Collar, CSEA Blue Collar, and the Employees' Union of the Tompkins County Sheriff Department staff contracts will not be established in time prior to submission of the 2006 department budget requests, and WHEREAS, the Tompkins County Legislature has charged the County Administrator with the responsibility for producing a recommended budget for 2006 that does not increase the Tax Levy for 2006 above the 2005 Tax Levy (zero percent [0%] target increase), and WHEREAS, the Tompkins County Legislature wishes to establish targets at 2005 levels for departments and agencies in preparing 2006 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 2006 budget are hereby established as follows: 1. For not-for-profit agency grants, the amount approved in the 2005 adopted budget less any over - target funding designated as one-time less any funds re -appropriated from previous years. 183 June 21, 2005 2. 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, including the sales tax revenue, minus any one-time adjustments for prior years. The target is now equal to the local county share. 3. For all County departments, an amount equal to the general revenue portion of the 2005 adopted County budget, less any over -target funding designated as one-time, less any funds re -appropriated from previous years, plus 2005 Management, Confidential, Sheriff, and County Clerk salary and fringe adjustments. 4. For the Corrections Unit of the Sheriff's Department, an amount equal to the general revenue portion of the 2005 adopted County budget, less any over -target funding designated as one-time, less any funds re -appropriated from previous years, plus 2005 Correction Officers contractual salary and fringe adjustments, plus 2005 Management and Confidential salary and fringe adjustments. 5. All other salary changes and associated fringe costs or savings will be paid through or received by the General Fund. RESOLVED, further, That the County Administrator shall work in close collaboration with Department Heads to develop fiscally responsible approaches to achieve the Legislature's goal to develop a financially sound budget that does not exceed the 2005 Tax Levy. SEQR ACTION: TYPE 1I-20 Mr. Joseph spoke of the budget guidelines and said the last time the County Administrator was given a directive to come back with a budget at a certain percentage, there was a lot of confusion about what was or wasn't included in that, such as capital projects. He said the County Administrator did not include those items because he felt they were policy decisions. Mr. Joseph said he has advised Mr. Whicher that the Legislature is requesting a complete budget with a zero percent increase and that will require Mr. Whicher to make recommend some policy decisions. Ms. Kiefer asked if when there are areas where difficult decisions need to be made, Mr. Whicher could present alternative choices. Ms. Kiefer spoke of the eight tools presented to the Budget and Capital Committee by Mr. Whicher and said there was an expression of sentiment made not to reduce funding prior to reducing funding for departments because agencies generally can provide core services at a lower cost than the County could provide those services. She said she also felt that it would be worthwhile to review fiscal policies, particularly how and when to include salary and fringe costs. Mr. Lane said he would like the County Administrator to present his best recommendation for a budget and this Legislature should take action to change it, if they have different priorities. [Mrs. McBean-Clairborne was excused at 6:42 p.m.] There was general support of Mr. Joseph's direction to the County Administrator to recommend a budget that is all inclusive at a zero percent increase. Chair's Report Mr. Joseph said last week he was notified by NYSAC that there in an opportunity to refinance the tobacco bonds that were securitized a number of years ago. He said the details of the package are complex; however, Tompkins County would receive approximately $925,000 by doing this. The disadvantage to doing this is that there would be a reduction in the revenue at some point in the future. He explained that the revenue now coming in pays off the bonds and that there is a residual the County is allowed to keep but uses it as security against those bonds. Mr. Joseph said his interpretation of this opportunity is that the bondholders would be taking on more of the risk with the new bonds, thereby reducing Tompkins County's risk. Mr. Joseph said this issue is being be referred to the Budget and 184 June 21, 2005 Capital Committee for a more in-depth examination. Mr. Proto asked that the Committee consider present values, and what economic assumptions are being made that make this attractive. Mr. Squires said the County should make a decision on this by early July. Mr. Joseph informed the Legislature that the communications tower at the Public Safety Building has been found to be structurally not capable of holding the equipment it is currently carrying. He said there have been offers by others to co -locate on it and there has been discussion of building a new tower to replace that one for the various commercial carriers who are located or wish to be located on it. This will be discussed by the Facilities and Infrastructure Committee. Report from the County Administrator Mr. Whicher had no report. He said he will be asking for confirmation later in the meeting for the appointment of Highway Manager. Mr. Whicher spoke of the process and thanked Legislator Winch, Town of Lansing Highway Superintendent Jack French, Matt Whitmore, Dale Gregrow, Arel LeMaro, Anita Fitzpatrick, and Ed Marx for their assistance in the search. Report from the County Attorney Mr. Wood had no report. He clarified the rules with regard to reconsideration of a motion and stated during the meeting at which something is voted down or at the next meeting, someone can make a motion to reconsider. At the next meeting it could come back but would need to follow the regular procedure as a member -filed resolution filed seven days in advance or receive a two-thirds vote for addition to the agenda. Report from the Finance Director Mr. Squires said earlier in the meeting this Legislature approved the transfer of properties that were sold at auction. Those properties produced a net profit of $60,000. Report and Presentation of Resolution(s) from the Facilities and Infrastructure Committee Mr. Penniman, Chair, reported the Committee met on June 14th. The Committee received a report from Barbara Eckstrom on the Solid Waste Center traffic study that took place. They are working on a pilot program to modify the process and signage for vehicles that are moving through the facility so that some vehicles need not sue the scales but would pay a set fee. The Committee gave preliminary approval to that and the Department will present a more specific plan next month. The Committee also received a report on the Airport from C&S Engineers regarding a report on identifying obstructions in the vicinity of the runway. The next step is an environmental assessment of removal of those obstructions. He reminded Legislators that the highway field trip will take place on June 27th at 9 a.m. from the Highway Department on Bostwick Department. RESOLUTION NO. 118 - RESOLUTION CONFIRMING APPOINTMENT OF TOMPKINS COUNTY HIGHWAY MANAGER MOVED by Mr. Penniman, seconded by Mr. Winch. Mr. Whicher announced Mr. William Sczesny of Broome County will begin employment tomorrow. He has a great deal of knowledge about the State funding system and has both private and military experience. A voice vote resulted as follows: Ayes - 13, Noes - 0, Excused - 2 (Legislators Schuler and Todd). RESOLUTION ADOPTED. 185 June 21, 2005 WHEREAS, the Tompkins County Charter provides that the County Highway Manager shall be appointed by the County Administrator subject to confirmation by the Legislature, and WHEREAS, a search process has been conducted over the last nine months which included two separate recruitment efforts and rounds of interviews, and WHEREAS, the search committee, consisting of Legislator Daniel Winch, Town of Lansing Highway Superintendent Jack French, Highway Senior Crew Supervisor Matt Whittemore, Equipment Service Manager Dale Gregrow, Director of Facilities Arel Lemaro, Personnel Commissioner Anita Fitzpatrick and Deputy County Administrator Ed Marx, recommended two candidates to the County Administrator for consideration, and WHEREAS, the County Administrator is requesting confirmation of his appointment of one of those candidates, William Sczesny, as Tompkins County Highway Manager, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the County Administrator's appointment of William Sczesny to the position of Tompkins County Highway Manager is confirmed by the Legislature, effective immediately. SEAR ACTION: TYPE II -20 Report from the Space Needs and Location Committee Mr. Proto, Chaiiliian, reported the Committee will meet tomorrow at 11:30 a.m. There will be discussion on many of the space options and there will be presentation to the full Legislature at an upcoming meeting. The next meeting has also been scheduled on July 13 at 2:30 p.m. Report from the Health and Human Services Committee Ms. Robertson, Chair, reported the Committee has not met since the last Legislature meeting. The next meeting will be July 6th at 10:30 a.m. Report from the Air Service Committee Ms. Blanchard, Member, provided the Legislature with a detailed report on activities at the Airport. A copy of the full report is on file. Traffic at the Airport overall increased 21 percent in May, 2005 versus May, 2004 from 5,947 to 7,209 enplanements. Northwest Airlines service reported strong load factors above 72 percent for the month. US Airways traffic held steady with a three percent decline in May, a decrease on par with other US Airways stations in the regions. Northwest enplaned 1,461 passengers in May, 2005 with an average load factor of 72 percent. Many flights were completely full towards the end of the month. Revenue numbers for May, 2005 will not be officially reported by Northwest until July, 2005. Initial analysis (based on average fares values used by consultants contracted in November, 2004) estimates that the flights generated from between $525,000 to $575,000 in O&D revenue during the month. The revenue guarantee requires an average monthly revenue of $441,667 for the first twelve months of service. Northwest planning and marketing are both quite pleased with the performance of the new flights. The possibility of exceeding the revenue target in the first month of service is quite encouraging. Most new services run at a deficit for the first few months and have to make up revenue after the service builds. Northwest reports that the flights are continuing to book well into June, July, and August with 186 June 21, 2005 strong load factors already above 60 percent. Other college towns typically show a decrease in the summer months. Northwest continues to be in the news with the foreshadowing of potential financial trouble. Their strategy remains to consolidate traffic from smaller airports into their three major hubs and feed their international flights. The airline is also exploring point-to-point service from mid-sized cities. Load factors on US Airways in May were 40 percent overall with 45 percent load to Philadelphia and 29 percent load to La Guardia (down from 38% the month prior). Current US Airways planning staff is again unconcerned with these numbers and reports no complaints from the regional airway that manages the LaGuardia service. The planned merger with America West is proceeding with a completion and emergency from bankruptcy reported in the Aviation Press for September 2005. Ithaca Airport marketing continues on several fronts. Web traffic in June to date is running up 17 percent from May, 2004. The current strategy is to maintain and build local awareness to grow the outgoing market while beginning to branch out to bid awareness beyond Ithaca to bring in new passengers. Jean McPheeters and Steve Johnson visited Federal legislators in Washington, D.C. following formal application for the Federal air services grant. The response was positive and Senator Schumer's Office offered to call the Director of the Department of Transportation on Tompkins County's behalf over the summer. Decisions are expected in late August, 2005. Report from the Planning, Development and Environmental Quality Committee Ms. Herrera, Chair, reported the Committee has not met since the last Legislature meeting. The next meeting will be July 6 at 2:30 p.m. Report and Presentation of Resolution(s) from the Government Operations Committee Mr. Lane, Chair, reported the Committee met on June 15th and most of the business is reflected on the agenda. The Committee received a report from Wendy Skinner on the County's employee newsletter and an effort that will be taking place on reexamining that. Ms. Skinner also presented the final report from the Record Keeping Task Force. Mr. Lane said although all of the recommendations were not unanimously accepted by all of the Task Force members, it contains good suggestions. Mr. Lane said Ms. Schuler has requested that the artwork that the County began purchasing a number of years ago for display in County buildings be inventoried. RESOLUTION NO. follows: ADOPTION OF LOCAL LAW NO. 4 OF 2005 - A LOCAL LAW IN RELATION TO THE ALTERNATE VETERANS EXEMPTION FOR REAL PROPERTY TAXES (REPEALS LOCAL LAW NO. 1 OF 1997) (Local Law adopted September 6, 2005) MOVED by Mr. Lane, seconded by Mr. Totman. It was MOVED by Mr. Koplinka-Loehr, seconded by Mr. Penniman, to amend the Local Law as 1. Past War Veteran Exemption - For those honorably discharged veterans (and certain of their family members as set forth in the enabling legislation) who served during the Spanish-American 187 June 21, 2005 War; the Mexican Border War; World War I; World War II; Korean War; Vietnam War period; or the Persian Gulf conflict: 15% of the assessed value with a maximum exemption of $12,000 (change from $15,000) 2. Combat Zone Veterans Exemption - For those veterans under Basic War Veterans Exemption who can also document service in a combat theater or zone: An additional 10% of assessed value with a maximum exemption of $20,000 (change from $10,000) 3. Disability Veterans Exemption - For those veterans who have received a service - connected disability compensation rating from the Veterans' Administration: An additional % of assessed value equal to 50% of disability rating with a maximum exemption of $40,000 (change from $50,000) Mr. Penniman said he believes the responsibility for veterans should lie with the Federal government. He supports the proposed amendment because he feels it would help alleviate the tax burden. Ms. Kiefer said adopting this change would align the County with what many of the municipalities are already doing. Mr. Proto said he opposes the amendment and stated there are several veterans who reside in this County who do not take advantage of this. He feels this is a small token to repay veterans for their service. A voice vote on the amendment resulted as follows: Ayes - 7 (Legislators Blanchard, Herrera, Joseph, Kiefer, Koplinka-Loehr, Penniman, and Robertson); Noes - 5 (Legislators Booth, Lane, Proto, Totman, and Winch); Excused - 3 (Legislators McBean-Clairborne, Schuler, and Todd). MOTION FAILED. Following further discussion, Mr. Lane was granted permission to withdraw this resolution and take it back to the Government Operations Committee. Report from the Public Safety Committee Mr. Penniman, Vice Chair, reported the Committee has not met since the last Legislature meeting. Approval of Minutes of June 7, 2005 It was MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, to approve the minutes of June 7, 2005 as corrected. MINUTES APPROVED. Adjournment On motion the meeting adjourned at 7:43 p.m. 188 July 5, 2005 Regular Meeting Called to Order Chair 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: 14 Legislators. Excused: 1 (Legislator Blanchard). Legislator Kiefer was excused at 6:40 p.m. Presentation of Proclamation Chair Joseph read a proclamation declaring July 26, 2005, as Americans with Disabilities Act Celebration Day in Tompkins County and presented it to King Houston, President of the Finger Lakes Independence Center Board, and Lenore Schwager, Finger Lakes Independence Center. Privilege of the Floor by the Public No member of the public wished to speak. Privilege of the Floor by Legislators Mr. Proto, District No. 7 Legislator, informed the Legislature that in the Town of Danby a group called Fortuna Energy is doing seismic testing. This is the pre-test before areas are identified and homeowners are approached with regard to the potential of drilling on the property. He can provide additional contact information if residents in other districts are interested. Ms. Kiefer, District No. 10 Legislator, announced on behalf of the Ethics Advisory Board that all "key employees" have filed their Annual Financial Disclosure forms and the County Attorney has reported there are no problems or concerns with the forms. Ms. Schuler, District No. 4 Legislator, spoke about the web site for the Redbud Woods and said it is a very interesting and informative site. Chair's Report Mr. Joseph reported the Income Tax Study Committee held its final meeting today and will be reporting out to the Budget and Capital Committee at their meeting next week. Copies of the report will be made available in advance of that meeting. Report from the County Administrator Mr. Whicher said he would like to request an executive session later in the meeting concerning a personnel issue. Report from the County Attorney Mr. Flash, Assistant County Attorney, did not have a report. 189 July 5, 2005 Report from the Finance Director Mr. Squires reported that at the behest of the Chair of the Legislature a letter of interest was filed for the Tobacco Settlement with New York State Association of Counties about participating in the restructuring of bonds. Late last week additional information was received indicating that if Tompkins County participated in the restructuring the amount the County would gain is approximately $1 million. A resolution to authorize participation will be considered at the next Budget and Capital Committee meeting and all updated information will be made available to Legislators. Mr. Lane clarified that if the County were to receive the $1 million now that would result in a loss of $4 million over time. Mr. Squires agreed and said the residual payments of $4 million are scheduled to begin in 2015; however, he is concerned with the long-term viability of the settlement. Mr. Penniman reiterated his questions concerning the present value analysis and the economic assumptions or conditions for making such a recommendation and said he will attend the Committee meeting to discuss his questions further. Mr. Proto again asked about the cost of fees for the agency selling the bonds and was told that information will be provided. In response to Mr. Booth's question about the County's responsibility if it chose to participate in the restructuring and the tobacco companies escape the settlement payments, Mr. Squires said the attorneys structured the transaction so the tobacco corporation is the issuer and not Tompkins County, thereby reducing the County's liability. Resolution(s) Added to the Agenda It was MOVED by Mr. Lane, seconded by Ms. Kiefer, to add the resolution entitled Appropriation from Contingent Fund - Equipment - Tompkins County Public Library to the agenda. A voice vote resulted as follows: Ayes - 10; Noes - 4 (Legislators McBean-Clairborne, Todd, Totman, and Winch); Excused - 1 (Legislator Blanchard). MOTION CARRIED. Withdrawal of Resolution(s) from the Agenda There were no resolutions withdrawn from the agenda. Resolution(s) Approved Under the Consent Agenda It was MOVED by Mrs. McBean-Clairborne, 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. 119 - AUTHORIZING SUPPLEMENTAL CONSULTANT AGREEMENT NO. 13 WITH C&S ENGINEERS, INC., FOR DESIGN SERVICES IN CONNECTION WITH THE PARALLEL TAXIWAY RELOCATION (PHASE 1II) — ITHACA TOMPKINS REGIONAL AIRPORT MOVED by Mrs. McBean-Clairborne, seconded by Mr. Booth, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the relocation of the parallel taxiway to maintain a 400 foot separation from the runway centerline has been mandated by the Federal Aviation Administration (FAA), and WHEREAS, Phase 1 of the relocation has already been completed and Phase II is scheduled to be completed this year, and 190 July 5, 2005 WHEREAS, design of the third and final phase this coming winter would allow for construction to take place during the next construction season, and WHEREAS, the funding of this design contract is as follows: FAA (95%) $178,600 New York State Department of Transportation (2.5%) $ 4,700 Local (Operational Budget) $ 4,700 Total $188,000 , now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That Supplementary Agreement No. 13 with C&S Engineers, Inc., for $188,000 be and hereby is approved, subject to the required Independent Fee Estimate being performed to confirm that the fees are fair, and that the County Administrator is authorized to execute the required documents, RESOLVED, further, That the Finance Director is authorized to advance payment for these services until reimbursement is received from the Federal Aviation Administration and New York State Department of Transportation. SEQR ACTION: UNLISTED (Negative Declaration - Short EAF on file at the Legislature office) Approval of Appointment(s) Under the Consent Agenda It was by Mrs. McBean-Clairborne, seconded by Mr. Booth, and unanimously adopted by voice vote by members present, to approve the following appointment(s) under the Consent Agenda: Fire, Disaster and EMS Advisory Board Benjamin Caskey - Town of Newfield representative; term expires December 31, 2005 Youth Services Board Georgiana Purdy - Village of Freeville representative; term expires December 31, 2005 Presentation of Resolution from the Government Operations Committee RESOLUTION NO. 120 - APPROPRIATION FROM CONTINGENT FUND - EQUIPMENT - TOMPKINS COUNTY PUBLIC LIBRARY MOVED by Mr. Lane, seconded by Ms. Kiefer. Mr. Lane said there is a need for equipment replacement and the Library has exhausted their budget. There is also a need for new equipment to accommodate the new program system by the Finger Lakes Library System that replaces the DYNEX system. Mr. Winch said in regard to the new system, he contacted the Town of Newfield Library about their equipment needs to upgrade to the new system and was told that the Newfield library had enough notice to plan and purchase the needed equipment. He feels the Tompkins County Public Library could have done the same. Ms. Kiefer referred to the Library's budget submission for 2005 and recalled that their intention was to try to use existing computers to accommodate the new system; however, at that time the specifications for the new system were not available. Once the information became known, Library staff determined that new computers were going to be necessary. A roll call vote resulted as follows: Ayes - 8 (Legislators Booth, Kiefer, Koplinka-Loehr, Lane, Penniman, Proto, Robertson, and Schuler); Noes - 6 (Legislators Herrera, Joseph, McBean-Clairborne, Todd, Totman, and Winch); Excused - 1 (Legislator Blanchard), RESOLUTION ADOPTED. 191 July 5, 2005 WHEREAS, the Tompkins County Public Library relies on the Tompkins County Legislature for funding of basic operating expenses, and WHEREAS, the Tompkins County Public Library has experienced a need for the replacement of a microfilm reader/printer, a library materials check-in workstation, and computers, and WHEREAS, no additional funding sources or grant opportunities have been identified to fund these items, and WHEREAS, in order to meet the basic library service needs of its users, an appropriation from the contingency fund will be needed, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the Director of Finance appropriate a total of $26,000 from the Contingency Fund to the Tompkins County Public Library. SEQR ACTION: TYPE 11-20 Presentation of Resolution(s) from the Budget and Capital Committee RESOLUTION NO. 121 - IN SUPPORT OF NEW YORK STATE BILL A6637/S4197 TO ALLOW CREDIT UNIONS AND THRIFT INSTITUTIONS TO ACCEPT MUNICIPAL DEPOSITS (Resolution Lost) MOVED by Mr. Koplinka-Loehr, seconded by Ms. Herrera. Mr. Koplinka-Loehr said that following the last Legislative meeting, at the request of Legislator Proto he sent out the resolution to banking and credit union institutions asking for feedback. The Tompkins Trust Company was the only institution that replied and copies of the correspondence was distributed to all Legislators. Mr. Todd said he does not feel the "playing field is level" and will be voting against the resolution. He believes the thrift institutions have a distinct advantage over the commercial banks because they do not pay income tax. Mr. Totman also spoke inopposition to the resolution. Ms. Herrera spoke in support of the resolution and reminded Legislators that credit unions are owned by their members. Mr. Proto said he continues to have concerns that credit unions are regulated differently and enjoy different taxing structures. He also spoke about credit unions not paying income taxes because by definition they are not-for-profit. Ms. Kiefer said that since the State Legislature has recessed for the year and will not be in session unless called back for specific important topics, she does not feel immediate action is necessary and, therefore, will be voting against the resolution. Mr. Joseph disclosed that his wife works at Alternatives Federal Credit Union. Mr. Proto also disclosed that his wife works at Tompkins Trust Company. A voice vote resulted as follows on the resolution: Ayes - 7 (Legislators Herrera, Joseph, Koplinka-Loehr, McBean-Clairbome, Penniman, Robertson, and Schuler); Noes - 7 (Legislators Booth, Kiefer, Lane, Proto, Todd, Totman, and Winch); Excused - 1 (Legislator Blanchard). RESOLUTION FAILED. WHEREAS, the General Municipal Law of the State of New York requires that local governments designate one or more banks or trust companies for the deposit of public funds, and WHEREAS, many states and large cities throughout the United States expressly allow for the deposit of public funds in credit unions, savings banks, and savings and loan associations (hereinafter referred to as "thrift institutions"), and WHEREAS, the State of New York remains one of the few states where banks and trust companies are granted the ability to maintain a virtual monopoly over municipal deposits, and WHEREAS, by amending the applicable State law to permit the deposit of municipal funds in credit unions and thrift institutions, the State will be helping local governments to improve and ensure 192 July 5, 2005 their financial strength by expanding such options, while at the same time keeping these important financial institutions viable and successful in their communities, and WHEREAS, like banks, credit unions are insured by the National Credit Union Insurance Fund, a federal agency comparable to the Federal Deposit Insurance Company, now therefore be it RESOLVED, on recommendation of the Budget and Capital Committee, That the Tompkins County Legislature calls upon the New York State Legislature to pass A6637/S4197 amending all applicable State law to allow local government to deposit public funds in credit unions and thrift institutions. SEQR ACTION: TYPE II -20 Report from the Space Needs and Location Committee Mr. Proto, Chair, said the Committee is planning to make a presentation to the full Legislature on August 2. The Committee met on June 22°1 and discussed various scenarios and sites for the Office for the Aging. Ms. Stein was asked to prioritize and rate areas that would best fit the Office for the Aging. Legislator Winch and Ms. Stein were thanked for meeting with representatives from Lifelong to discuss the possibility of doing collaborative work. Discussions in regard to the Health Department's space were finalized. The Committee also discussed scenarios for the Center of Government Building at the Old Library site. The courts needing space is what is driving the discussions for a Center of Government building. He thanked Crystal Buck of the Planning Department and Arel LeMaro, Facilities Manager, for all their work with the Committee and consultants. The next meeting is July 13th and if needed a meeting will be held July 26°1 . Report from the Health and Human Services Committee Ms. Robertson, Chair, said the Committee has not met since the last Legislature meeting. The next meeting is July 6 at 10:30 a.m. At that meeting, the Committee will be discussing the Office for the Aging needs assessment and budget recommendations from the Youth Services Board. The Committee will also have a report from the Day Care Council on the day care situation and an update from CARS (Cayuga Addiction Recovery Services). Report from the Air Service Committee As Ms. Blanchard was not present, there was no Committee report. Report and Presentation of Resolution(s) from the Budget and Capital Committee Mr. Koplinka-Loehr, Chair, said the Committee met June 28`h. At that meeting the Committee discussed a Transfer Tax and will be considering a resolution at the next Committee meeting. A resolution changing the target fund balance from five percent to six percent was considered and did not pass. Copies of the draft budget calendar were distributed and will be discussed at the next Committee meeting. RESOLUTION NO. 122 - SUPPORT OF CONTINGENCY FUND REQUESTS FOR EXPANDED DIVERSITY RECRUITMENT EFFORTS MOVED by Mr. Koplinka-Loehr, seconded by Mrs. McBean-Clairborne. Mr. Proto asked what the total cost has been for recruitment efforts this year and what is anticipated. Mr. Koplinka-Loehr said funds for recruitment have not been exhausted. This resolution reaffirms the County's policy to let Departments know that contingency funds are available for extensive recruiting efforts. He feels that the extra efforts made this year have cost approximately between $5,000-$7,000. Ms. Kiefer said she assumes all recruitment goes through Personnel and she would prefer to see a line item in the Personnel 193 July 5, 2005 Department's budget for recruiting efforts. Mr. Winch expressed concern with the mechanics of this and agreed with Ms. Kiefer's comment. He would prefer a single, well-documented request from Personnel at the end of the year. Mr. Lane said he would support the resolution but he has some of the same concerns that have been raised. Ms. Herrera said she understands the concerns raised, but she is being cognizant of the issues that have been discussed in the past and feels this recognizes that the Legislature will consider well justified requests from departments. Mr. Booth feels that in the long-term it would make sense to have a line item in the Personnel Department's budget. A voice vote resulted as follows on the resolution: Ayes - 11; Noes - 3 (Legislators Todd, Totman, and Winch); Excused - 1 (Legislator Blanchard). RESOLUTION ADOPTED. WHEREAS, Tompkins County has committed to increasing the diversity of its workforce, and WHEREAS, this commitment includes expanded recruitment efforts to broaden the pool of employment applicants to include a range of diverse populations, and WHEREAS, departments are required to utilize recruitment strategies that will expand and diversify the applicant pool, potentially causing recruitment costs to increase, and WHEREAS, departments are encouraged to apply surplus funds from unused salary lines to their recruitment expenses, now therefore be it RESOLVED, on recommendation of the Budget and Capital Committee, That any department that has exhausted its internal sources of funds for recruitment costs should not reduce its diversity recruitment efforts but should be cognizant that a contingency fund request is available as a mechanism for reimbursement of extra outreach expenses incurred. SEQR ACTION: TYPE 11-20 RESOLUTION NO. 123 - BUDGET ADJUSTMENT AND APPROPRIATION OF UNSPENT GENERAL FUNDS FROM 2004 TO VARIOUS ACCOUNTS MOVED by Mr. Koplinka-Loehr, seconded by Ms. Schuler. A short roll call vote resulted as follows: Ayes - 13; Noes - 1 (Legislator Booth); Excused - 1 (Legislator Blanchard). RESOLUTION ADOPTED. WHEREAS, various departments have been certified by the Director of Finance to have unspent appropriations and excess revenues from 2004 resulting in a surplus of $1,119,461 on the County's books as of December 31, 2004, and WHEREAS, pursuant to County Fiscal Policy, surplus funds have been requested for use in the amount of $631,772.74 in the current year budget, now therefore be it RESOLVED, on recommendation of the Health and Human Services, Planning, Development and Environmental Quality, Public Safety, Government Operations, Facilities and Infrastructure, and Budget and Capital Committees, That the following transactions are approved: BUDGET APPROPRIATION: FROM: General Fund Balance $ 631,772.74 TO: Assessment- 4x4 vehicle 1355.52231 15,000.00 Assigned Counsel - major repair of laser printer 8020.54303 350.00 $15,000.00 $350.00 Board of Elections - HAVA training Board of Elections - desk and chair replacement Board of Elections - new printer Board of Elections - mileage Board of Elections - new/replacement election bags 194 1450.54412 1450.54403 1450.52206 1450.54414 1450.54303 1,500.00 800.00 2,600.00 500.00 734.00 July 5, 2005 County Attorney - professional services 1420.54442 4,450.00 $6,134.00 County Clerk County Clerk County Clerk County Clerk - County Clerk - County Clerk - - microfilming (civil papers) - conversion of map microfilming - archives grant completion (tax maps) inventory and microfilming (historic papers) shelving and storage backfilling of instruments into EDMS 1410.54442 14]0.54442 1410.54442 1410.54442 1410.54442 1410.54442 4,200.00 3,300.00 11,214.72 4,800.00 6,800.00 9,200.00 Emergency Response Emergency Response operation) Emergency Response Emergency Response Emergency Response - - reimburse ITS for networking - computer equipment (training & - communications equipment - Trumansburg Tower Project 911 staff training 3410.54425 20,500.00 3410.52206 3410.52222 3410.54311 3410.54412 12,540.00 11,000.00 10,000.00 5,000.00 Information Technology Services - cost defray (Clarity Connect) 1680.54425 1,727.11 $4,450.00 $39,514.72 $59,040.00 Legislature - computer equipment Legislature - tape deck and dictaphone Legislature - office supplies 1040.52206 1040.52299 1040.54303 2,843.00 860.00 800.00 Personnel - contract negotiation costs Personnel - training, diversity, and workplace initiatives 1430.54442 1987.54400 Planning - color printer Planning - printing costs (Comprehensive Plan) Planning - studies (Scenic Resource, Sustainable Forest, West Hill Trans.) 8020.52206 8020.5330 $1,727.11 $4,503.00 25,000.00 11,442.00 $36,442.00 3,000.00 5,150.00 8020.54442 45,000.00 Probation - replacement outdated of monitoring equipment Probation - computer equipment (replacement) Probation - computer equipment (replacement) Probation - Microcomputer Specialist (salary) Probation - Microcomputer Specialist (fringes) Probation - T1 line for mandated E -justice Connection Probation - T1 line for mandated E -justice Connection 3141.52220 3141.52206 3142.52206 3142.51000 3142.58800 3141.54424 3142.54424 24,020.00 1,760.00 7,040.00 19,019.00 7,418.00 1,120.00 4,480.00 Probation Day Reporting - security system (Community Justice Center) 3160.54400 Public Works Administration - computer and printer 1490.52206 Sheriff's Office - safe and cash drawer system Sheriffs Office - conversion of records Sheriffs Office - protective body armor Sheriffs Office - new environmental friendly snowmobile 195 3110.52210 3110.54442 3113.52220 3113.52231 5,000.00 3,000.00 600.80 4,000.00 19,123.00 16,000.00 $53,150.00 $64,857.00 $5,000.00 $3,000.00 July 5, 2005 $39,723.80 Sheriffs Office Jail - Sheriffs Office Jail - Sheriffs Office Jail - Sheriffs Office Jail - showers, ceiling, air) Sheriffs Office Jail - Sheriffs Office Jail - Sheriff's Office Jail - protective body armor computer and radio equipment computer and radio equipment building improvements (dormitories, building improvements (civil records area) salary benefits (fringes) salary benefits (transportation of board outs) 3150.52220 3150.52206 3150.52222 3150.54442 3150.54442 3150.58800 3150.51000406 50,000.00 10,000.00 10,000.00 100,000.00 60,000.00 19,018.00 48,763.11 $297,781.11 Weights and Measures - server replacement Weights and Measures - office chair 52206 52214 900.00 200.00 $1,100.00 SEQR ACTION: TYPE 1I-20 RESOLUTION NO. 124 - ESTABLISHING 2006 FRINGE BENEFITS PAYMENT RATE MOVED by Mr. Koplinka-Loehr, seconded by Mr. Penniman. Mr. Penniman distributed information pertaining to the fringe rate schedule from previous years. Ms. Robertson noted that although we did not increase benefits, their costs went up. Mr. Booth said that although Mr. Squires reported at Committee that this rate will work for next year, it will probably not work for the next two years and feels the number should be set at a sustainable rate. A voice vote resulted as follows: Ayes - 11; Noes - 3 (Legislators Booth, Kiefer, and Totman); Excused - 1 (Legislator Blanchard). RESOLUTION ADOPTED. WHEREAS, upon adoption of the 2005 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 $11.3 million dollars, and WHEREAS, the 2005 estimated Fringe Pool represents thirty-nine (39.0) percent of estimated payroll, and WHEREAS, when this Legislature acted in June to establish budget guidelines, no specific fringe rate was included and a resolution is needed to establish this for the 2006 budget process, now therefore be it RESOLVED, on recommendation of the Budget and Capital Committee, That the Fringe Benefits payment rate for 2006 budget requests for all County departments based on actual payroll paid, shall remain at thirty-nine (39.0) percent. SEQR ACTION: TYPE II -20 RESOLUTION NO. 125 - AUTHORIZING A PUBLIC HEARING ON PROPOSED LOCAL LAW NO. 3 OF 2005 - A LOCAL LAW AMENDING THE TOMPKINS COUNTY CHARTER AND CODE - ARTICLE 10 - DEPARTMENT OF PLANNING AND ARTICLE 11 - DEPARTMENT OF PUBLIC WORKS MOVED by Mr. Penniman, seconded by Ms. Schuler. Ms. Herrera said she will support the resolution to hold a public hearing, but will likely not support the proposal to change the Charter when it is considered at the next Legislative meeting. Mr. Winch said he does not support the qualifications being proposed and will not support the process to make it happen. 196 July 5, 2005 A voice vote resulted as follows: Ayes - 10; Noes - 4 (Legislators Lane, McBean-Clairborne, Proto, and Winch); Excused - 1 (Legislator Blanchard). RESOLUTION ADOPTED. WHEREAS, the County Administrator has reviewed the needs of the Public Works Department, recognizes the value to the Department having a single head would bring, and recommends the restoration of the position of Public Works Commissioner in the County Charter, and WHEREAS, the County Administrator further recommends enabling filling of the positions of Public Works Commissioner and Planning Commissioner with a single individual by combining the two Commissioner positions into a single title of Planning and Public Works Commissioner, while still maintaining separate departments, and WHEREAS, proposed Charter amendments to accomplish these changes have been reviewed by the Facilities and Infrastructure, Planning, Development and Environmental Quality, and Government Operations Committees, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure and Budget and Capital Committees, That a public hearing be held before the Tompkins County Legislature in Legislative Chambers of the Tompkins County Courthouse, 320 North Tioga Street, Ithaca, New York, on Tuesday, July 19, 2005, at 5:30 o'clock in the evening thereof concerning proposed Local Law No. 3 of 2005 - A Local Law Amending the Tompkins County Charter and Code - Article 10 - Department of Planning and Article 11 - Department of Public Works. 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 1I-20 Report from the Planning, Development, and Environmental Quality Committee Ms. Herrera, Chair, said the Committee has not met since the last Legislature meeting. The next meeting is July 6th and the Committee will be discussing beautification grants from the Strategic Tourism Planning Board, Convention and Visitors Bureau's annual report. The Committee will also have reports from the Agricultural and Farmland Protection Board, Ithaca Tompkins County Transportation Council, and the Planning Department. Report from the Government Operations Committee Mr. Lane, Chair, said the Committee has not met since the last Legislature meeting. At the next meeting, the Committee will be discussing the new State legislation on Help American Vote Act and how it relates to Tompkins County. In response to a question from Legislator Proto, the Industrial Development Agency has not received the final audit State Controller Hevasi is doing. Report from the Public Safety Committee Mrs. McBean-Clairborne, Chair, said the Committee has not met since the last Legislature meeting; the next meeting is July 7th at 2:00 p.m. At that meeting, there will be an overview of the Communications Capital Project. Ms. Kiefer was excused at 6:40 p.m. Report from the Workforce Diversity and Inclusion Committee 197 July 5, 2005 Mrs. McBean-Clairborne, Chair, updated the Legislature on the activities and discussions of the Committee. The Committee has been meeting for the last five months and several subgroups have been established to work on particular issues such as the development of a diversity recruitment resource guide, diversity statement, and a communications plan. A management team has been meeting for the last three months and has developed a draft recruitment plan in the interim as charged by the Legislature. As department heads need to review it, an extension beyond the 90 days was requested and granted. At the next Committee meeting, there will be a presentation on the civil service system. Individual Member -Filed Resolution RESOLUTION NO. 126 - ADOPTION OF TOMPKINS COUNTY DIVERSITY STATEMENT MOVED by Mrs. McBean-Clairborne, seconded by Ms. Herrera, and unanimously adopted by voice vote by members present. WHEREAS, the Workforce Diversity and Inclusion Committee is recommending the Tompkins County Legislature adopt a Diversity Statement for the County; and WHEREAS, the Workforce Diversity and Inclusion Committee agreed to have a subcommittee, made up of County staff, Legislators, and community members, work together and draft a Diversity Statement for consideration, now therefore be it RESOLVED, on recommendation of the Workforce Diversity and Inclusion Committee, That the following Diversity Statement for Tompkins County be adopted: Tompkins County government is committed to creating a diverse and fully inclusive workplace that strengthens our organization and enhances our ability to adapt to change by developing and maintaining: • an organization -wide understanding and acceptance of the purpose and reasons for diversity; • recruitment and retention policies that assure a diverse workforce; • a workplace environment that is welcoming and supportive of all; • awareness, understanding, and education regarding diversity issues; • zero tolerance for expressions of discrimination, bias, harassment, or negative stereotyping toward any person or group; • a workforce ethic that embraces diversity and makes it the norm delivery of services to the public. RESOLVED, further, That the Diversity Statement becomes part initiative and is posted conspicuously in all offices of County government on publications produced by the County for public distribution. SEQR ACTION: TYPE II -20 for all interactions, including of the County's new diversity , on the County's web site, and Report and Presentation of Resolution(s) from the Facilities and Infrastructure Committee Mr. Penniman, Chair, said the Committee met last week and most of its business is reflected on the agenda. RESOLUTION NO. 127 - AUTHORIZING SUPPLEMENTAL CONSULTANT AGREEMENT NO. 12 WITH C&S ENGINEERS, INC., FOR COMPLETION OF AN ENVIRONMENTAL ASSESSMENT (EA) FOR AN OBSTRUCTION CLEARANCE PROJECT AT THE ITHACA TOMPKINS REGIONAL AIRPORT MOVED by Mr. Penniman, seconded by Mr. Winch. Concerns were raised in regard to the cost of this project. Mr. Marx reminded the Legislature that many of the projects at the Airport are regulated by the FAA (Federal Aviation Administration) and a decision is needed by July as the FAA commits their 198 July 5, 2005 fiscal year funds at that time. With many Legislators feeling the project cost was extremely high and not acceptable for the work being done, those members opposed to this also acknowledged that FAA funding would not be received if this resolution failed. A voice vote resulted as follows on the resolution: Ayes - 13; Noes - 0; Excused - 2 (Legislators Blanchard and Kiefer). RESOLUTION ADOPTED. WHEREAS, the Legislature approved an Obstruction Study that commenced in 2004 and was finalized in 2005, and WHEREAS, said Obstruction Study identified a number of obstructions that need to be removed or mitigated, and WHEREAS, some of the identified obstructions are in, or close to sensitive areas, and close attention must be paid to the potential impacts on the environment, and WHEREAS, the Federal Aviation Administration (FAA) will not fund an obstruction clearance project until an environmental assessment has been completed, and WHEREAS, the required Independent Fee Estimate was conducted by McFarland Johnson and came in above $200,000, therefore, the C&S Engineers, Inc., fee of $175,000 is considered by the Federal Aviation Administration to be fair, and WHEREAS, the information generated by this detailed environmental assessment can and will be used to help develop a long-range agreement on what permanent changes in vegetation can be made in the airport Runway Protection Zone to simplify future management activities, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That Supplemental Agreement No. 12 with C&S Engineers for an Environmental Assessment of the Obstruction Clearance project in the amount of $175,000 be approved and financing of the contract is as follows: Federal Aviation Administration (FAA) (95.0%) $166,250 New York State Department of Transportation (2.5%) $ 4,375 Local (Airport Operational Budget) (2.5%) $ 4,375 Total $175,000 RESOLVED, further, That the County Administrator be and hereby is authorized to execute the required documents, RESOLVED, further, That C&S Engineers, Inc., will work with the Tompkins County Planning Department to make use of information and capabilities already on hand in Tompkins County to reduce the cost below this maximum of $175,000, RESOLVED, further, That the Finance Director be authorized to make payments for this project until reimbursement is received from the Federal Aviation Administration and New York State Department of Transportation. SEQR ACTION: TYPE 1-6 Approval of Minutes It was MOVED by Mr. Booth, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present, to approve the minutes of the June 21, 2005, meeting as submitted. Recess Chair Joseph declared recess at 7:08 p.m. The meeting reconvened at 7:20 p.m. Executive Session 199 July 5, 2005 It was MOVED by Ms. Robertson, seconded by Ms. Schuler, and unanimously adopted by voice vote by members present, to hold an executive session to discuss a personnel matter. An executive session was held at 7:20 p.m. and returned to open session at 8:00 p.m. Adjournment The meeting adjourned at 8:00 p.m. 200 July 19, 2005 Regular Meeting Public Hearing — Local Law No. 3 of 2005 - A Local Law Amending the Tompkins County Charter and Code — Article 10 — Department of Planning and Article 11 — Department of Public Works Mr. Joseph called a public hearing to order at 5:30 p.m. concerning proposed Local Law No. 3 - A Local Law Amending the Tompkins County Charter and Code — Article 10 — Department of Planning and Article 11 — Department of Public Works. Mr. Joseph asked if anyone wished to speak. No one wished to speak and the public hearing was 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: 14 Legislators. Excused: 1 (Legislator Winch). Ms. Herrera was excused at 8:35 p.m. Privilege of the Floor by the Public Wendy Skinner, Public Information Coordinator, reported on the completion of the Tompkins County Pre -Disaster Mitigation Education and Outreach Project sponsored by NYSFEMA (New York State Federal Emergency Management Association) with support from contributions of the partners and community volunteers for pre -disaster mitigation. This Countywide project, which was administered by the Town of Dryden, focused on providing public information and administration about disaster preparedness. Partners included the American Red Cross; Ithaca Fire Department; Carol Griep, Fire Prevention Coordinator for the Public Health Department, Department of Emergency Response; National Weather Service out of Binghamton; Bangs Ambulance; and the SPCA. She reviewed projects that have been completed and distributed a written report to the Legislature. All of the activities undertaken through the Project make a significant contribution to education and outreach efforts for disaster mitigation in Tompkins County. Michael Raffe, Executive Director of the American. Red Cross, also spoke concerning the Tompkins County Pre -Disaster Mitigation Education and Outreach Project. He said he has addressed this Legislature on many occasions about disaster preparedness and the need for more emphasis to be placed on this. He spoke of the outreach efforts that have taken place and the work that has been done to prepare the public and said he thinks the County has come a long way in its outreach and public education efforts. He said he is extremely pleased that the materials distributed by Ms. Skinner have been prepared and noted that some items contained in the County's Hazard Mitigation Plan are tied to this project. Mr. Raffe reminded the Legislature and public that September is Disaster Preparedness Month. He also thanked the Legislature for its support with this important effort. Privilege of the Floor by Legislators Mr. Lane, District No. 13 Legislator, thanked Ms. Skinner and Mr. Raffe for their efforts towards the issue of emergency preparedness. He said there are events that could hit this area and provided Hurricanes Hazel and Agnes as examples of past events that resulted in major damage in Tompkins County, some of which was due to a lack of preparedness. He stated Tompkins County needs to have its emergency responders ready to respond and communications and backup communications systems ready in the event of an emergency. 201 July 19, 2005 Ms. Kiefer, District No. 10 Legislator, expressed her relief that the working group of students at Redbud Woods seem to be out of harms way. She also said she is profoundly disappointed after reading an article in the Ithaca Journal that stated the University has agreed to do things that it already could have, would have, and should have done. The agreements between Cornell and those students did not require the University to give up anything with regard to the Land that was involved the long, ongoing demonstration. She believes Cornell also could have agreed to work with the community to find an alternative to turning the woods into a parking lot. Ms. Kiefer also spoke of the recent IDA (Industrial Development Agency) vote relating to the Gateway Project and thanked Legislator Herrera for her courage and convictions to oppose the proposed abatement for the project. She said it was reported on the radio that the Seymour Schmidt's analysis was ignored, although he wrote the book on the subject of that kind of analysis and believes it should have been paid more attention to. She also didn't see any discussion about alternative abatement proposals. Mr. Penniman, District No. 15 Legislator, responded to Ms. Kiefer's comments and said he has spent quite a bit of time looking at the Gateway Project as he had a lot of concerns about it. He said in his discussions with others about this it was decided that they agreed with Seymore Schmidt's analysis and others that it was a very profitable undertaking and that it didn't seem to need an abatement. Unfortunately, however, the banks take a very conservative view towards the revenues, potential rents, risk of a changing market, and other factors, that it became clear they couldn't get financing unless there was an abatement. Mrs. McBean-Clairborne, District No. 2 Legislator, thanked Ms. Skinner, Mr. Raffe, and the rest of the TompkinsREADY Team for their work on the pre -disaster mitigation plan. She said the entire Masters of Disaster curriculum has been used by over 800 individuals at GI.AC (Greater Ithaca Activities Center) and is something that needs to begin as early as possible to educate people on the subject of emergency management. Mrs. McBean-Clairborne said she appreciates the efforts that have gone into more public education. Mr. Proto, District No. 7 Legislator, also thanked Mr. Raffe for his work on emergency management and said the towns he represents are grateful as well. Mr. Proto said all Legislators should have received a copy of a memorandum from Joe Turcotte, TCAT, Inc., General Manager, to all bus drivers in regard to the homeland security in which instructions were given about what do in situations. Mr. Proto said Legislators should have also received an invitation to the joint meeting with partners to get a preliminary look at the TCAT, Inc., budget. It will be held at the Transit Center at 4 p.m. on July 24th. Ms. Robertson, District No. 13 Legislator, reported on the impact of the war on Iraq and provided the following statistics: As of July 18, at least 1,770 members of the United States military have died since the war began in March, 2003; British military deaths - 92; Italy - 25; Ukraine - 18; Poland - 17; Bulgaria - 13; Spain - 11; and a number of other countries as well. Since January 2005, 1,594 civilians have been killed. She also said a report that came out today states the number of civilians killed in this war to date totals 25,000. Ms. Robertson said she firmly believes this war did not have to happen and said this is a local issue because there are children of local residents and employees who are fighting this war. She said these facts need to be remembered and a way needs to be found to end this war. Special Presentation — Income Tax Study Committee Andy Sciarabba, Member of the Income Tax Study Committee, highlighted issues contained in the report. Mr. Sciarabba said the Committee was charged to see whether or not an income tax surcharge would be a way to eliminate or mitigate County taxes. He said it could be done, but the County income 202 July 19, 2005 tax is only 25 percent of the total local tax burden on the resident taxpayers; therefore, the effect may not be as great as they had wanted it to be. While the Committee was looking at the pros and cons of what they were trying to accomplish with this they all wanted to stress the issue of fairness, and an income tax is more progression in that it relates more to your ability to pay than does property tax. Upon completion of the study, the group concluded that proceeding with a local income tax is unwarranted because of a number of hurdles that would have to be overcome. They also ran into a perception/public relations issue in that it would take time to educate the public about how the tax would work. Mr. Sciarabba said the tax could only be placed on residents of Tompkins County; therefore, 25 percent of the County's workforce that comes in from outside the County, would not be affected by this. The Local Income Tax Study Group recommends that its study be used as a starting point for further study in the future and that the concept of a local income tax be expanded to include other municipal property taxes and school tax. If shifting a substantial portion of the tax burden from property tax to income tax is seen as a desirable goal, it would be more effective to make the shift on a statewide basis and it would be essential to include school taxes. Mr. Joseph expressed his appreciation to members of the Committee who contributed a great amount of time to analyze this issue and come up with a recommendation. He also stated he fully concurs with the Committee's recommendation. A copy of the full report is on file in the Legislature Office. Ms. Kiefer expressed her appreciation for the report being well organized and easy to read and she referred to items referenced as "hurdles" and said although the County tax is only 25 percent of the total amount of local property tax that people pay in the County, it does not make an income tax a hurdle but just not as much relief as had been expected. She said she thinks it is a fair description but doesn't think of it as a hurdle. What she does see as a hurdle is whether an individual county has the will, or the likelihood to pass this at the State level for only one county. Ms. Robertson also expressed appreciation to Committee members and said a discussion on this took place at the Budget and Capital Committee on two occasions. She thinks the public information issue could be resolved with time and effort. However, there does not seem to be any way around the structural problem in that institutions that now pay property tax would see property tax relief but not have a corresponding income tax to be paying. She said she endorses the concept of a Statewide surcharge or income tax that goes to schools on a per -pupil basis. Mr. Lane said he is glad this study group was able to take a look at this issue because it is a subject that has been raised for many years. He said he agrees that this income tax is needed for at the least Upstate New York to relieve school district taxes. Mr. Lane said this needs to be enacted on a Statewide basis and we should work with other counties to try to make this happen. He said our State representatives need to be contacted and asked to support something that is new and that will relieve the property tax burden. Mr. Todd, District No. 6 Legislator, also thanked members of the Committee for their work. He said one tax that hasn't been mentioned is an increase in the sales tax, which he would be more inclined to support because it has a much broader base. Chair's Report Mr. Joseph reminded Legislators of the upcoming meeting of the Tompkins County Municipal Officials Association on July 26th and asked that those planning to attend to let the Association know in advance of the meeting. 203 July 19, 2005 Mr. Joseph reported he learned today that the White House Drug Policy Executive is coming to Ithaca on September 1st to have lunch at the Community Justice Center and then take part in the City Drug Court Graduation, followed by a session of the Drug Court. He said all Legislators are invited to attend and hopes everyone will take advantage of the opportunity. Mr. Joseph said he sees this as being significant and an honor and a tribute to the programs in this County that someone from the White House is coming to observe them. He will provide more information as he receives it. Report from the County Administrator Mr. Whicher announced the resignation of Mikel Shakarjian who has accepted a position with the State of New York. He said Ms. Shakarjian worked closely with the Communications Capital Project Committee and he will communicate adjustments in responsibilities to the Legislature as they move forward. Mr. Whicher requested an executive session to discuss contract for negotiations. Report from the County Attorney Mr. Wood reported he has received copies of the complaint in the Medicaid fraud case and they are available in his Office if any Legislator is interested in receiving a copy. Report from the Finance Director Mr. Squires reported he distributed a copy of the second quarter sales tax report to all Legislators this evening. He said the County's share is up by 3.38 percent and noted that the new development along the Route 13 corridor is having a positive impact on the City as they are experiencing double-digit increases. However, sales outside the City are down by five percent from last year. If this trend continues through the remainder of the year the County could likely exceed the sales tax estimate by $800,000. Mr. Squires also spoke of the Medicaid fraud issue and stated there was a very good article on this in the New York Times. 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. Penniman, seconded by Ms. Schuler, and unanimously adopted by voice vote by members present, to approve the following resolution(s) under the Consent Agenda: RESOLUTION NO. 128 - AUTHORIZATION TO ACCEPT FUNDING FOR THE NEW YORK STATE PHARMACEUTICAL ASSISTANCE PROGRAM MOVED by Mr. Penniman, seconded by Ms. Schuler, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the Tompkins County Office for the Aging (COFA) has been awarded a grant through the New York State Office for the Aging in order to facilitate the State Pharmaceutical Assistance Program (SPAP) as part of its Health Insurance. Information, Counseling, and Assistance Program (HIICAP), and 204 July 19, 2005 WHEREAS, COFA wishes to provide education and assistance to seniors sixty-five years of age and over in Tompkins County enrolled in Elderly Pharmaceutical Insurance Coverage (EPIC) and the Medicare Part D prescription card, and WHEREAS, COFA wishes to make seniors aware of the choices available between EPIC and the Medicare Part D prescription card, and WHEREAS, the period of funding shall be from April 1, 2005, through September 30, 2005, now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, That the New York State Office for the Aging grant in the amount of $50,000 is hereby accepted, RESOLVED further, That the Finance Director is hereby authorized to make the following adjustments to his books: REVENUE: A6788.44772 Federal Revenue $50,000 APPROPRIATION: A6788.51000559 Salary $ 5,405 A6788.58800 Fringes $ 2,108 A6788.52206 Computer Equipment $ 4,902 A6788.52230 Computer Software $ 2,410 A6788.52210 Office Equipment $ 1,529 A6788.54303 Supplies $ 790 A6788.54330 Printing $ 1,500 A6788.54414 Local Mileage $ 1,500 A6788.54412 Training/Travel $ 400 A6788.54400 Program Expense $ 712 A6788.54491 Subcontract $28,744 SEQR ACTION: TYPE 11-20 RESOLUTION NO. 129 - AWARD OF BID — PARALLEL TAXIWAY (PHASE II) - ITHACA TOMPKINS REGIONAL AIRPORT MOVED by Mr. Penniman, seconded by Ms. Schuler, and unanimously adopted by voice vote by members present, under the Consent Agenda. WHEREAS, the Finance Department advertised and received two bids for construction of the Parallel Taxiway (Phase II) at the Ithaca Tompkins Regional Airport, and WHEREAS, the lowest responsible bid of $4,249,867.50 was submitted by Chemung Contracting of Pine City, New York, and WHEREAS, available funding from the Federal Aviation Administration (FAA) can only fund a project costing $3,475,280.26, and WHEREAS, at the FAA's request, negotiations took place with Chemung Contracting to remove certain items from the Scope of Work to bring the contract total down to $3,475,280.26 and make construction possible this year, and WHEREAS, the budget for this construction project is as follows: FAA Share Account No. 5601.44592 $3,255,144.35 NYSDOT Share Account No. 5601.43592 $ 110,067.95 Local Share Account No. HT5601.45031 $ 110,067.96 Total $3,475,280.26 RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That in anticipation of grants being received from the Federal Aviation Administration (FAA) and the New York State Department of Transportation (NYSDOT), the contract for $3,475,280.26 be awarded to Chemung Contracting of Pine City, New York, 205 July 19, 2005 RESOLVED, further, That the Finance Director be authorized to borrow monies if necessary, until reimbursement is received from the FAA and NYSDOT. RESOLVED, further, That the County Administrator be and hereby is authorized to execute a contract with Chemung Contracting. SEQR ACTION: TYPE II -2 RESOLUTION NO. 130 - AWARD OF BID - LEACHATE TRANSPORTATION FROM THE HILLVIEW LANDFILL AND THE CASWELL LANDFILL TO THE ITHACA AREA WASTEWATER TREATMENT PLANT IN ITHACA, NEW YORK MOVED by Mr. Penniman, seconded by Ms. Schuler, 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 the transportation of leachate for the Tompkins County Public Works Department, and WHEREAS, one (1) bid for Leachate Transportation from the Hillview landfill and the Caswell landfill to the Ithaca Area Wastewater Treatment Plant in Ithaca, New York, was received and publicly opened on April 11, 2005, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the bid for Leachate Transportation from the Hillview landfill and the Caswell landfill to the Ithaca Area Wastewater Treatment Plant in Ithaca, New York, be awarded to WeCare Transportation, LLC, of Jordan, New York, for a price of $28.55 per 1,000 gallons, for a three-year term, August 1, 2005, through July 31, 2008, RESOLVED, further, That the funds are available in the Solid Waste Division budget, account number 81696.54442, RESOLVED, further, That the Contracts Administrator be authorized to execute this bid on behalf of the County. SEQR ACTION: TYPE 11-20 Approval of Appointment(s) Under the Consent Agenda It was MOVED by Mr. Penniman, seconded by Ms. Schuler, and unanimously adopted by voice vote by members present under the Consent Agenda to approve the following appointment(s): Office for the Aging Advisory Committee Ann F. Cedarholm - term expires December 31, 2006 Community Mental Health Services Board - MR/DD Subcommittee Brad Rudin - Community Mental Health Services Board representative; term expires December 31, 2006. Soil and Water Conservation District Barbara Blanchard - Legislator; term expires December 31, 2005 George Totman - Legislator; term expires December 31, 2005 Report from the Health and Human Services Committee Ms. Robertson, Chair, reported the Committee met on July 6 and heard from the Office for the Aging on actions they are taking in response to the human needs assessment they completed earlier this 206 July 19, 2005 year. The Committee began discussion on budget projections for 2006 and heard that the Office for the Aging is seeing more grant funds come in; notably EISEP funds which save nursing home costs. The Committee also heard a brief update from Nancy Zahler, Director of Youth Services, on the Youth Services Department Budget and also the Recreation Partnership. Ms. Robertson said municipalities are probably going to support a 3.7 percent increase in funding to the Recreation Partnership and are hoping the County will do the same and consider restoring some of funding that was cut last year. It was noted that this is the first time in four years municipalities have added any funding to the Partnership. At Ms. Robertson's request the Health Department provided the Committee with a report on the history of FTE staffing in the Department. She said it was very interesting to learn how many of the positions in the Department have State and/or Federal revenue associated with them. One issue that has been discussed by the Committee and passed by the Board of Health is the prohibition of open burning. This is an amendment to the Sanitary Code and requires action only by the Board of Health to be enacted. Ms. Robertson said two public information meetings will be held; however, those dates have not yet been set. The Committee heard a FTE staffing history from the Department of Social Services for the last five years and discussed the mid -year budget situation relative to revenue and mandates. There was also discussion about the new PINS (Persons In Need of Supervision) process and new family court law that will require additional accountability and steps for DSS staff to take with families in crisis. The Committee heard an interesting report from Sue Dale Hall, Director of the Day Care Council, about the day care situation in Tompkins County and how changes at the State level are affecting family day care. A report was also presented to the Committee by Cayuga Addiction and Recovery Services on their residential programs, including the new facility in Ulysses. The next meeting is August 3rd. Mr. Totman expressed his opposition to the proposed ban on open burning by the Board of Health and stated he does not support non -elected persons having the power to enact laws. Mr. Proto said he is the Vice Chair of the Board of Health which is a State -required board. He also stated it is important that when this Legislature appoints individuals to that Board that they are individuals who will represent the community well. That Board includes eight members, four of whom are physicians. He asked that everyone keep in mind that the present Sanitary Code already provides for prohibitions on open burning and that this ban of all open burning except for agricultural and brush and leaf burning is already in place. Mr. Proto said the biggest challenge associated with open burning is going to be related to enforcement. Ms. Robertson said she would be willing to have someone attend a future meeting to provide education on this. Mr. Totman said he feels people who are in support of this are residents of cities or villages and who have never been allowed to burn trash. He also does not support non -elected officials having the power to enact laws. Ms. Schuler said she attended a meeting that was held in the City of Ithaca and commented that she was only one of the forty attendees who were from the City. She also stressed that the garbage being burned today is not the same garbage that was burned years ago. Mr. Proto said public meetings on this subject will be held in the Town Halls of Lansing and Danby. Mr. Booth said this is a statewide issue; this comes up in many areas where Albany refuses to act and results in scattered laws across the state, however, agrees with concerns about the health hazards associated with open burning. 207 July 19, 2005 Report from the Air Service Committee Ms. Blanchard, Chair, reported traffic at the Airport has increased by 30 percent from June 2004 to June, 2005. Northwest Airlines notified the Airport that they exceeded the May revenue target by 15 percent. She also said a travelers survey is being conducted for the purpose of finding out what kinds of things people would be interested in with regard to a frequent flyer program. Ms. Blanchard reported on a grant that was submitted to the Department of Transportation and said a response is not expected until Fall; however, Northwest Airlines has submitted a letter in support of that grant. Ms. Blanchard said at the present time fares are being tracked and they have found that they are very competitive with other area airports. She announced there will be a ribbon cutting ceremony on August 29 on behalf of the Automated Weather Sensing System (AWSS) that recently became operational; Congressman Hinchey, who was responsible for that grant, will be in attendance. She will provide further information as it becomes available. Ms. Blanchard spoke about customer service at the Airport and urged anyone who has had a bad experience to make the Airport Manager aware of it as they are presently embarked on an initiative to improve customer service. Mr. Nicholas, Airport Manager, reported on the some budget challenges the Airport is facing. He said because there are now flights that come in very early in the morning, there are some real problems with overtime expenses. Mrs. McBean-Clairborne asked if there has been any discussion by the Committee about training for the Airport "ambassadors" in providing service to a diverse community of Airport customers. Ms. Blanchard said the Committee was not charged with operational issues but she will see that this concern is communicated to the appropriate person. Mr. Proto suggested that when discussions take place on ways to appease passengers who have not had a satisfactory experience at the Airport that the Strategic Tourism Planning Board be brought in. Report and Presentation of Resolution(s) from the Planning, Development, and Environmental Quality Committee Ms. Herrera, Chair, reported the Committee met on July 6 and looked at a number of issues, many of which are reflected in the resolutions on the agenda. The next meeting will be August 3rd at 2:30 p.m. Ms. Herrera addressed the resolution entitled Budget Adjustment - Tourism Promotion and said the fund balance was approximately $408,000 at year-end. The resolution takes out $152,000, leaving a balance of $246,000. She noted this is an extremely popular program that has kept Tompkins County well -above other areas. RESOLUTION NO. 131 - MAKING A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE IN RELATION TO RESOLUTION NO. 132 OF 2005 MOVED by Ms. Herrera, seconded by Mr. Lane, and unanimously adopted by voice vote by members present. WHEREAS, in Resolution No. 132 of 2005, the Tompkins County Legislature would authorize the County Administrator to execute a deed with the Town of Ithaca for the sale of tax parcel no. 24.-4- 13 in the Town of Ithaca, 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. 132 of 2005 is an unlisted action, 208 July 19, 2005 RESOLVED, further, That the County Legislature hereby makes a negative declaration of environmental significance in regard to Resolution No. 132 of 2005. SEQR ACTION: Short EAF and Negative Declaration on file with Clerk of the Legislature RESOLUTION NO. 132 - AUTHORIZING THE COUNTY ADMINISTRATOR TO EXECUTE A DEED WITH THE TOWN OF ITHACA FOR THE SALE OF TAX PARCEL NO. 24.-4-13, LOCATED IN THE TOWN OF ITHACA MOVED by Ms. Herrera, seconded by Mr. Totman. Ms. Kiefer said the last Whereas refers to an actively operated public water system and asked who operates that system. Mr. Whicher responded that Bolton Point operates that system. A voice vote resulted as follows: Ayes - 14, Noes - 0; Excused - 1 (Legislator Winch). RESOLUTION ADOPTED. WHEREAS, the County acquired tax parcel no. 24.-4-13 in the Town of Ithaca in 1956 as part of the properties transferred to the County by the State of New York when the Biggs Tuberculosis Hospital facilities were conveyed to the County, and WHEREAS, since the 1960s, the Town of Ithaca has owned, operated, and maintained the water tank and related right of way as part of the Town's water district, and WHEREAS, said parcel was identified as surplus property with no strategic value to the County in the 1998 County Land Inventory and each subsequent update to the Inventory, and WHEREAS, the County approached the Town of Ithaca about transferring ownership and liability of the water tank to the Town of Ithaca and the Town responded with a letter from Attorney John C. Barney stating the Town's willingness to take responsibility for the tank, and WHEREAS, the Town has proposed a Bargain and Sale Deed to purchase the parcel for $1.00, as outlined in the Bargain and Sale Deed dated February, 2005, and WHEREAS, County Administrative Policy No. 01-07 (Land Transactions) requires that whenever the Legislature decides to negotiate a sale for less than the fair market value for real property, the resolution conveying the property shall clearly state the public purpose served by conveying for this price and it shall include the estimate of the fair market value of the property at its highest and best use as prepared by the Assessment Department, and WHEREAS, the Assessment Department has determined that the fair market value of the property is $300,000, and WHEREAS, the reason that this property is being conveyed for $1.00 is to relieve the County of liability, operation, and maintenance concerns resulting from owning a water tank that is an integral part of an actively operated public water system, now therefore be it RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee, That the Bargain and Sale Deed is confirmed and that the County Administrator is authorized to execute the deed and closing paperwork. SEQR ACTION: Unlisted (Short EAF and Negative Declaration on file with Clerk of the Legislature) RESOLUTION NO. 133 - BUDGET ADJUSTMENT — TOURISM PROMOTION MOVED by Ms. Herrera, seconded by Mr. Proto. Mr. Proto said he is the liaison to the Strategic Tourism Planning Board and that some of the questions that were raised at the Planning, Development and Environmental Quality Committee meeting were raised by him. Although it is not mentioned in the resolution, he said he has been assured that the minutes of the Committee meeting would reflect his request for a review and that the Convention and Visitors Bureau was made aware of this and agreed to do it. For this reason he will now support this resolution. A voice vote resulted as follows: Ayes - 14, Noes - 0, Excused - 1 (Legislator Winch). RESOLUTION ADOPTED. 209 RESOLVED, on recommendation Budget and Capital Committees, That the adjustment on his books: Tourism Promotion Title Room Tax Fund Balance Room Tax Fund Balance Room Tax Fund Balance Room Tax Fund Balance Room Tax Fund Balance Room Tax Fund Balance Amt $10,000 $15,000 $35,000 $40,000 $42,000 $10,000 July 19, 2005 of the Planning, Development and Environmental Quality and Director of Finance be directed to make the following budget Approp Acct 6475.54400 6475.54444 6475.54444 6475.54444 6475.54497 6475.54497 Title(s) Program Expense Development Grants Development Grants Development Grants Tourism Promotion Tourism Promotion Explanation: Signage and Beautification - Garden tour and plantings; Marketing and Advertising Grants - 50/50 matching funds for advertising tourism events; New Tourism Initiative Grants - Multiple venues/talents showcase, events such as "Light in Winter"; Project Grants - For projects likely to attract large number of visitors (like exhibit at PRI); Convention and Visitors Bureau (CVB) - Public relations firm for national attention, web enhancement; Community Celebrations - Open a fall round of grants for successful program. SEQR ACTION: TYPE 11-20 RESOLUTION NO. 134 - AFFIRMING ITHACA-TOMPKINS COUNTY TRANSPORTATION COUNCIL (ITCTC) RECOMMENDATION TO INCREASE THE ITCTC STAFF DIRECTOR'S SALARY MOVED by Ms. Herrera, seconded by Mr. Lane. A short roll call vote resulted as follows: Ayes - 13, Noes - 1 (Legislator Booth), Excused - 1 (Legislator Winch). RESOLUTION ADOPTED. WHEREAS, Tompkins County entered into a Memorandum of Understanding with the Ithaca - Tompkins County Transportation Council (ITCTC) on September 30, 1992, agreeing that "...staff will be hosted by Tompkins County as an administrative rather than a reporting arrangement... staff is selected by the Council [with] staffing plan, staff qualifications, and salary schedule established by the Council", and WHEREAS, Board Resolution No. 99 of 1993 "Clarification of Employment Status — Position of Ithaca - Tompkins County Transportation Council Planning Director" stated the following: "...the position of Ithaca -Tompkins County Transportation Council Planning Director shall be entitled to the terms and conditions of employment established by this [County] Board for management employees unless otherwise recommended by the Council and established by this [County] Board of Representatives", and WHEREAS, on March 14, 2000, the Director's salary was modified by ITCTC resolution 00-1 above the management salary range with the stipulation that the Host Agency, Tompkins County, execute the necessary administrative procedures to implement this modification, 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 ITCTC Planning Director's salary above the salary range, and WHEREAS, on May 17, 2005, the ITCTC passed Resolution 05-1 to increase this salary by 2.0 percent retroactive from January 1, 2005, to June 19, 2005, and a .6 percent increase starting June 19, 2005, 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 and Budget and Capital Committees, That the Tompkins County Board affirm the adjustment of the salary for the Ithaca - Tompkins County Transportation Council Planning Director to a total of $69,318, as approved by the Ithaca - Tompkins County Transportation Council. SEQR ACTION: TYPE 11-20 210 July 19, 2005 Report and Presentation of Resolution(s) from the Budget and Capital Committee Mr. Koplinka-Loehr, Chair, reported the Committee met on July 12 and the majority of business conducted at that meeting is reflected in resolutions on the agenda. He said at the last meeting he put forth a draft calendar for the Expanded Budget and Capital Committee meetings for September and October and asked that Legislators alert him of any conflicts. He also reminded program committee chairs that the budget calendar allows for August to be the time for discussions to take place on policy issues. RESOLUTION NO. 135 - ADOPTION OF LOCAL LAW NO. 3 OF 2005 - A LOCAL LAW AMENDING THE TOMPKINS COUNTY CHARTER AND CODE - ARTICLE 10 - DEPARTMENT OF PLANNING AND ARTICLE 11 - DEPARTMENT OF PUBLIC WORKS MOVED by Mr. Koplinka-Loehr, seconded by Mr. Booth. Ms. Herrera said she cannot support changing the Charter for this purpose. She stated her negative vote is in no way a reflection of Mr. Marx' performance. Mr. Totman said in the past the County has advertised for these positions and it does not make sense to him to include the person who is getting the position in the discussions. He asked if this is approved would it result in saving the County one full-time salary, and said he could support it if that were the case. Mr. Joseph clarified that this will put a provision in the Charter that will allow the Legislature to create a single Public Works Commissioner position or a combined Public Works/Planning Commissioner position. Mr. Wood, County Attorney, said he feels some of the language is confusing; however, it does not do any harm. Ms. Kiefer said she understands Mr. Wood's opinion that some of the language is confusing; however, she said it allows greater flexibility in the future and hopes this will move forward in the present form. Ms. Blanchard urged Legislators to support this resolution because she feels it blends together two of the County's major responsibilities. She said she thinks this will also be a good tool for the County Administrator's management activities as well as for this Legislature. Mr. Todd agreed with Ms. Blanchard's comments. Ms. Robertson noted that this proposal has been brought forward after a long period of not having a Commissioner of Public Works. This is an example of County staff trying to solve problems in a creative way. Mr. Booth said several people have used the term "half-time" and said he wants to make it clear that this Legislature is not making any specific delineation in terms of time to be allocated to the two positions. Mr. Lane said there has been a very long process undertaken in looking at these changes, which included a joint meeting with three of the committees of this Legislature. At that meeting, there was not one committee that could come to conclusion. He noted this resolution is not on recommendation of the 211 July 19, 2005 Government Operations Committee, which normally acts on Charter matters, because there was not consensus by that Committee on this. He said he does not see a need to change the Charter and stated that when the Charter Review Committee looked at these things they had vision and felt that the system that had been put in place of the various divisions of the Public Works Department coming together as a cabinet was working fairly well. He said there is no question that there were problems last year due to the lack of leadership in the Highway Division; however, a new Highway Manager has been hired and deserves an opportunity to move forward with that Division. Mr. Lane said he has not seen how the cabinet system has failed. He expressed concern that reducing the Commissioner of Planning position may begin an effort to cut back on that Department. A voice vote resulted as follows: Ayes - 10 (Legislators Blanchard, Booth, Joseph, Kiefer, Koplinka-Loehr, Penniman, Robertson, Schuler, Todd, and Totman); Noes - 4 (Legislators Herrera, Lane, McBean-Clairborne, and Proto); Excused - 1 (Legislator Winch). RESOLUTION ADOPTED. WHEREAS, the County Administrator has reviewed the needs of the Public Works Department, recognizes the value to the Department that having a single head would bring, and recommends the restoration of the position of Public Works Commissioner in the County Charter, and WHEREAS, the County Administrator further recommends enabling filling of the positions of Public Works Commissioner and Planning Commissioner with a single individual by combining the two Commissioner positions into a single title of Planning and Public Works Commissioner, while still maintaining separate departments, and WHEREAS, proposed Charter amendments to accomplish these changes have been reviewed by the Facilities and Infrastructure, the Planning, Development, and the Environmental Quality, and the Government Operations Committees, and WHEREAS, a public hearing was held before the Tompkins County Legislature on July 19, 2005, to hear all persons interested in proposed Local Law No. 3 of 2005 - A Local Law Amending the Tompkins County Charter and Code - Article 10 - Department of Planning and Article 11 - Department of Public Works, now therefore be it RESOLVED, on recommendation of the Budget and Capital Committee, That proposed Local Law No. 3 of 2005 - A Local Law Amending the Tompkins County Charter and Code - Article 10 - Department of Planning and Article 11 - Department of Public 'Works, 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 1I-20 RESOLUTION NO. 136 - CREATION OF POSITION - COMMISSIONER OF PLANNING AND PUBLIC WORKS MOVED by Mr. Koplinka-Loehr, seconded by Mr. Booth. Ms. Kiefer reviewed the contents of a memorandum written by her on July 19, 2005, to all Legislators, County Administrator, Planning Commissioner, and Personnel Commissioner with a subject line: Provision of Commissioner -level Oversight and Leadership for Public Works Department. She also pointed out that given the existing budget targets for Planning and for Public Works, the County Administrator's Option number two would actually require larger over target requests than her option number three. A copy of the memorandum was submitted for the record and its contents are as follows: Ms. Kiefer believes the Legislature deserves a choice in how best to provide the recognized need for oversight and leadership of the Public Works Department and the decision deserves serious analysis and discussion, with both cost and future structure considered. 212 July 19, 2005 Background Several months ago it became clear to the County Administrator and the Deputy County Administrator -Commissioner of Planning that the latter position was not what the County needs nor what the Planning Commissioner was willing to continue as. The County Administrator arrived at the idea of joining together the positions of Planning Commissioner and Public Works Commissioner into a new job, Planning and Public Works Commissioner, and filling that position with the incumbent Planning Commissioner. Over a period of a couple of months the County Administrator made separate presentations to each of the three relevant program committees - Planning, Development and Environmental Quality, Facilities and Infrastructure, and Government Operations -- of his proposal to provide Commissioner - level oversight and leadership for Public Works by creating a new joint position of Planning and Public Works Commissioner and filling it with Mr. Marx. At each of these committee meetings, the concept was discussed, and questions were raised, but, for various reasons, no action was taken. On June 21 a joint meeting of the three committees was held, and the County Administrator laid out three options: 1. Continue with a version of the present structure, namely, hire a new Deputy County Administrator part of whose turf would include Public Works (and Mr. Marx would return to what he was hired to be: a full-time Commissioner of Planning; 2. Create and fill a new combined position of Planning and Public Works Commissioner. This was estimated to cost about $50,000 additional; or 3. Create and fill a restored position of Public Works Commissioner. This was estimated to cost about $150,000 additional. Each of these options had ramifications for a new Deputy County Administrator position; Mr. Whicher strongly recommended option number two. However, at the joint meeting none of the three committees had members willing to move and second support of option number two. At that joint meeting it appeared to Ms. Kiefer that no one, including Mr. Whicher, liked option number one, and, but for the cost factor, option number three made sense. After the meeting she asked Mr. Whicher to more carefully flesh out what a half-time Public Works Commissioner would cost, but that did not happen. Instead, the Chair of the Budget and Capital Committee added option number two to the Committee's June 28 agenda, where, I believe, it was included as one of a packet of resolutions that, although not available at the meeting was described by Mr. Whicher. I understand that the Committee voted on the packet affirmatively. Meanwhile, Ms. Kiefer worked on crafting language for the County Administrator's proposed Charter changes that would restore the Public Works Commissioner to the Charter with an appropriate level of detail as was in the original Charter and would also allow for the possible combining of Planning and Public Works Commissioners into a single position, to allow maximum flexibility for the future; the County Administrator accepted the language changes. Ms. Kiefer also asked that the Facilities and Infrastructure Committee add a discussion of the Public Works Commissioner to its next meeting agenda and had asked the Personnel Commissioner to review and update the job description for Public Works Commissioner, last done in 1991, and to not include licensing in New York State as a Professional Engineer as a requirement, but as an option. At the July 12 Budget and Capital Committee meeting, the Committee, in its role as Personnel Committee, was asked to adjudicate a disagreement between the County Administrator and Personnel Commissioner about the labor grade rating for a new Planning and Public Works Commissioner position. The present situation The legislative agenda for July 19 includes the following resolutions: 213 July 19, 2005 1. Resolution No. h - adopting a local law changing the Charter, restoring the position of Public Works Commissioner and including language that allows the Legislature to choose between a Public Works Commissioner and a joint Planning/Public Works Commissioner position, providing flexibility now and in the future. 2. Resolution No. i - would create a joint Planning/Public Works Commissioner; according to the Budget and Capital Committee, the position should be rated a "U" ($86,039-$93,480). Resolution No. p - would create a Public Works Commissioner; the Personnel Commissioner has updated the job description and given it a "T" rating ($78,219-$84,981). 3. Resolution No. j - would appoint Mr. Marx to the new Planning/Public Works Commissioner title. Resolution No. q - would seek to fill the new Public Works Commissioner position half-time, as soon as possible. Where are the budget implications? Using the new management salary schedule (+2 % for 2005, +additional .6% as of June 1), and adding in the 39 % fringe rate: Planning Commissioner, full-time, (salary rating :T) $84,981 (working rate) +$33,143 (fringe) = $118,124 Although only half of his position is currently paid by the Planning Department budget, the other half has been "held" in that budget to hire help as needed to rnake up for the loss of half of Mr. Marx's time, so no new money would be needed. Public Works Commissioner, (T). Ms. Kiefer proposes this to be a half-time (20.0 hr.) position. Although a new person may be appointed at the "hire rate", this calculation uses the work rate: $42,491+$16,571=$59,062. This position is not in the Public Works budget, so Public Works would need $59,062 "saving" to cover it. Ms. Kiefer believes there are many retired engineers (many from the military) who choose to continue to work part-time (often as consultants). This would be an attractive pool to recruit from. For those who say a half-time Commissioner would not work, what do they think combining Planning and Public Works into one job provides if not, on average, two half-time commissioners? (*And a half-time Commissioner, would likely start at the working rate for this position, so this calculation uses the work rate): $93,480 +$26,457 =$129,937 This position is not in the Public Works budget, so Public Works would have to find its "half, $64,968, in savings ($5,000 more than half-time Public Works Commissioner). Deputy County Administrator, full-time - The existing position is rated at (T); the downgraded position Mr. Whicher proposed and the Legislature approve is at (R). Again, using the work rate: (T) $84,981 + $33,143 = $118,124; (R) $70,233 +$27,391 = $97,624. Returning to the three options Mr. Whicher had presented to the joint committee, but modifying option number three to make a Public Works Commissioner half-time and plugging in the above calculations: Option 1: FT Planning Commissioner (T) FT Deputy County Administrator (T) 214 $118,124 $118,124 $236,248 July 19, 2005 Option 2: FT Planning/Public Works Commissioner (U) $129,937 FT Deputy County Administrator (R) $ 97,627 $217,564 Option 3: FT Planning Commissioner (T) $118,124 Half-time Public Works Commissioner (T) $ 59,062 FT Deputy County Administrator (R) $284,490 In Ms. Kiefer's opinion, since option number one has been deemed by both Mr. Whicher and Mr. Marx to not have provided the level of leadership and oversight that Public Works needs, that option should be off the table. Mr. Whicher recommends option number two. Since Ms. Kiefer believes the Planning Department needs and deserves a full-time Commissioner (which is what Mr. Marx was hired to be, and to which he has said he would be glad to return) and since we all support giving Public Works some version of a Commissioner at the top, she has provided resolutions enabling that choice as option number three). The difference in cost is about $67,000. And it would position the County to move in the direction of a full-time Public Works Commissioner once the County's financial situation improves. Additional relevant questions: 1. Policy question: She believes it to be extremely bad public policy to change the County's Charter and create a position designed for a single -known individual. Would this Legislature be thinking of a Planning/Public Works Commissioner position if Mr. Marx were not in the picture? She thinks not and Mr. Whicher agrees. (She has no doubt about Mr. Marx's competence and ability; that is not the issue, and if anyone can make this work reasonably well, it is Mr. Marx.) If Mr. Marx were to assume this new hybrid position and then suddenly depart, would we change course again? She thinks so and Mr. Whicher agrees. 2. Process Question: The Administrative Manual was recently amended to clarify the procedures for creating new positions and reclassifying existing positions. She believes the procedures in that Manual were invoked at the July 12 Budget and Capital Committee meeting. They say, in pertinent part (section E.2), that a department head or employee may appeal a labor grade. In the case of Planning and Public Works Commissioner, there is no employee, and there is no department head (since this position is a department head), so who brought an appeal to the Budget and Capital Committee and on what grounds? Moreover, if such an appeal were correctly brought, whatever action the Budget Committee takes is advisory only (see E.1, paragraph 2); the Personnel Commissioner has the final decision and is given up to thirty days to decide (see E.3). So we need to await the Personnel Commissioner's final decision before acting. It was MOVED by Ms. Kiefer, seconded by Mr. Proto, to SUBSTITUTE the resolution with the following: RESOLUTION NO. - CREATION OF POSITION - COMMISSIONER OF PUBLIC WORKS and WHEREAS, Tompkins County's infrastructure is managed by the Department of Public Works, 215 July 19, 2005 WHEREAS, Tompkins County government has previously had the position of Commissioner of Public Works which position, for financial reasons, was not filled when it was vacated five years ago, and WHEREAS, current and future challenges facing the Public Works Department warrant the oversight and leadership provided by a Commissioner level position in Public Works, now therefore be it RESOLVED, That the position of Commissioner of Public Works, labor grade U(21), 40.0 hours per week, is hereby created in Tompkins County government, effective immediately. SEQR ACTION: TYPE II -20 A voice vote on the motion to substitute resulted as follows: Ayes - 2 (Legislators Kiefer and Proto), Noes - 12, Excused - 1 (Legislator Winch). MOTION FAILED. Mr. Koplinka-Loehr responded to Ms. Kiefer's comments about process and said because the existing process does not have specific language about the situation that arose from this (i.e., the County Administrator disagreeing with the Personnel Commissioner), it was characterized as the County Administrator making the appeal and bringing it to the Comrnittee. It was brought to the Budget and Capital Committee and a majority of members present voted in favor of the County Administrator's recommendation with regard to the position rating. He said he has spoken to the Commissioner of Personnel and has been informed that she has no intention of overriding the Committee's decision. Ms. Herrera said she will not support any of the proposals and feels there is a better solution that has not yet been found. She does not support changing the Charter in this circumstance, and although Mr. Marx does a terrific job she is not comfortable supporting any of the proposals that are now being considered. Mr. Joseph spoke about the question that has been raised with regard to creating a job for a particular person and that there is something wrong with that. He said he used to believe that it was important to think through the structure of government, independent of people, and create the structure that made sense. Since his time in government he has seen structure change often and more frequently than changing people. Mr. Joseph said the County's employees are what makes County government work so well and it makes sense to try to make use of the talent and abilities of the people who work for the County. In this particular case this Legislature and the County Administrator is saying there are problems in the Public Works Department. Because there is a person on staff that is believed to have the ability to solve some of the problems that exist a structure is being created to allow Mr. Marx to do that. Mr. Joseph said this is not a case of Mr. Marx wanting a job and being accommodated; it is a situation where something needs to be done and Mr. Marx accommodating the County in making that happen. Mr. Lane disagreed with some of Mr. Joseph's comments. He stated that this year Mr. Marx has been working as both Deputy County Administrator and Planning Commissioner and has said he does not want to continue in that role and wants to go back as Commissioner of Planning full-time or have a different structure such as this. Ms. Robertson said what committee this recommendation comes out of is arbitrary if there is support for this proposal by a majority of this Legislature. She also noted that at the joint meeting of three committees, none of the committees had their full complement of members. Mr. Penniman said he appreciates the creative way this has been formulated and how it evolved. He said there is a need for more leadership in the Public Works Department and feels this is the best way to accomplish that. 216 July 19, 2005 A voice vote on the original resolution resulted as follows: Ayes - 9 (Legislators Blanchard, Booth, Joseph, Koplinka-Loehr, Penniman, Robertson, Schuler, Todd, and Totman); Noes - 5 (Legislators Herrera, Kiefer, Lane, McBean-Clairborne, and Proto); Excused - 1 (Legislator Winch). RESOLUTION ADOPTED. WHEREAS, a principle of good government is that public investments in infrastructure be made in accordance with a Tong -range plan, and WHEREAS, Tompkins County's infrastructure is managed by the Department of Public Works, and WHEREAS, long-range planning activities of County government are conducted by the Planning Department, and WHEREAS, integration of the Planning and Public Works functions of County government offers many opportunities for more effective management of County infrastructure and for maximizing the benefits of that infrastructure to the community, and WHEREAS, Tompkins County government has previously had the position of Commissioner of Public Works which position was not filled when it was vacated five years ago, and WHEREAS, current and future challenges facing the Public Works Department warrant the oversight and leadership provided by a Commissioner level position in Public Works, and WHEREAS, combining the positions of Commissioner of Planning and Commissioner of Public Works into a single position of Commissioner of Planning and Public Works will provide for the direct integration of the Planning and Public Works functions, and WHEREAS, the organizational structures for the Planning and Public Works Departments are amenable to oversight and leadership by a single Commissioner of Planning and Public Works, and WHEREAS, the creation of Commissioner of Planning and Public Works has been reviewed by the Budget and Capital Committee, and WHEREAS, combining the positions of Commissioner of Planning and Commissioner of Public Works into a single position of Commissioner of Planning and Public Works will provide for the direct integration of the Planning and Public Works functions, and WHEREAS, a savings to taxpayers can be realized by combining the two positions into a single Commissioner, now therefore be it RESOLVED, on recommendation of the Budget and Capital Committee, That the position of Commissioner of Planning and Public Works, labor grade U (91), 40.0 hours per week, is hereby created in Tompkins County government, effective immediately. SEQR ACTION: TYPE II -20 RESOLUTION NO. 137 - CONFIRMATION OF APPOINTMENT OF COMMISSIONER OF PLANNING AND PUBLIC WORKS MOVED by Mr. Koplinka-Loehr, seconded by Mr. Booth. Ms. Schuler said this is a new position and asked if there was any type of evaluation being put into place. Mr. Koplinka-Loehr said the Budget and Capital Committee is presently undertaking an effort with regard to performance evaluations and this position will be treated the same as others. Ms. Herrera said her negative vote is in no -way related to Mr. Marx or his performance. A voice vote resulted as follows: Ayes - 9 (Legislators Blanchard, Booth, Joseph, Koplinka-Loehr, Penniman, Robertson, Schuler, Todd, and Totman); Noes - 5 (Legislators Herrera, Kiefer, Lane, McBean-Clairborne, and Proto); Excused - 1 (Legislator Winch). RESOLUTION ADOPTED. WHEREAS, the Tompkins County Charter and Code was amended to allow the positions of Commissioner of Planning and the Commissioner of Public Works be combined into a single title of Commissioner of Planning and Public Works, and 217 July 19, 2005 WHEREAS, Resolution No. 136 of 2005 created the position of Commissioner of Planning and Public Works, now therefore be it RESOLVED, on recommendation of the Budget and. Capital Committee, That the Tompkins County Legislature approves the recommendation of the County Administrator to appoint Edward C. Marx, Commissioner of Planning, to the position of Commissioner of Planning and Public Works, effective immediately. SEQR ACTION: TYPE 11-20 RESOLUTION NO. 138 - APPROPRIATION FROM CONTINGENT FUND - PROFESSIONAL SERVICES - PERSONNEL DEPARTMENT MOVED by Mr. Koplinka-Loehr, seconded by Mr. Booth. Mr. Todd stated he believes this cost should be absorbed through the Personnel Department's budget. Mr. Totman agreed and said he does not feel any additional funds should be appropriated for personnel. Mr. Koplinka-Loehr said the Workforce Diversity and Inclusion Committee is recommending a long-range plan; however, in 2005 money was not appropriated for the increased cost of recruitment efforts. Dr. Anita Wright has worked with other County departments on the issue of diversity and is willing to work with us in 2005. He said this is someone who can consult as well as provide training. Ms. Robertson asked that the Legislature be introduced to this individual and that a report be prepared for the public audience. Mr. Koplinka-Loehr said that can be arranged. A short roll call vote resulted as follows: Ayes - 12; Noes - 2 (Legislators Todd and Totman); Excused - 1 (Legislator Winch). RESOLUTION ADOPTED. WHEREAS, Tompkins County is committed to creating a diverse and fully inclusive workplace that strengthens our organization and enhances our ability to adapt to change, and WHEREAS, the Legislature is aware that this diversity commitment requires sufficient resources in order to expand recruitment, increase awareness, and to provide the staff development and training necessary for the initiative to be successful, and WHEREAS, pending a more comprehensive plan being prepared with the assistance of the Workforce Diversity and Inclusion Committee, interim resources are required during 2005 for the aforementioned purposes, now therefore be it RESOLVED, on recommendation of the Budget and Capital Committee, That up to $10,000 be appropriated from the County's Contingent Fund to the Personnel Department's Professional Services line for the purposes of staff development and training during 2005, RESOLVED, further, That the Director of Finance is hereby authorized and directed to make the following budget appropriation: FROM: A1990.54440 Contingent Fund $10,000 TO: A1430.54442 Professional Services $10,000 SEQR ACTION: TYPE 11-20 RESOLUTION NO. 139 - APPROPRIATIONS AND BUDGET ADJUSTMENTS FOR SALARY INCREASE MANAGEMENT, CONFIDENTIAL, AND CORRECTIONS MOVED by Mr. Koplinka-Loehr, seconded by Ms. Robertson. A roll call vote resulted as follows: Ayes - 13, Noes - 1 (Legislator Booth), Excused - 1 (Legislator Winch). RESOLUTION ADOPTED. 218 July 19, 2005 WHEREAS, Resolution No. 117 of 2005 "ESTABLISHMENT OF GUIDELINES AND FISCAL TARGETS FOR ALL COUNTY BUDGETING UNITS FOR THE PREPARATION OF THE 2006 BUDGET" stated that all salary changes and associated fringe costs or savings will be paid through or received by the General Fund, and WHEREAS, the bargaining agreement between Tompkins County and the Corrections Officers Local 2062, for the year January 1, 2005, through December 31, 2005, was ratified to include a 3.25 percent salary increase, and WHEREAS, Management and Confidential staff salaries were increased by 2% retroactively for January 1, 2005 to December 31, 2005 and an additional .6% from June 19, 2005 to December 31, 2005, now therefore be it RESOLVED, on recommendation of the Budget and Capital Committee, That effective July 20, 2005, the accounts listed below are adjusted as follows: REVENUE: General Fund Balance, Highway Fund Balance, Airport Fund Balance, Solid Waste Fund Balance, Workforce Development Fund Balance APPROPRIATION: Department Account Title Salary Increase Fringe Jail — Corrections 315051000401 CORRECTIONS CORP 1,355 529 315051000403 COOK (JAIL) 451 176 315051000406 CORRECTIONS OFFICER 44,194 17,236 315051000411 CORRECTIONS SGT 7,658 2,987 315051000421 HEAD COOK (JAIL) 1,238 483 315051200401 CORRECTIONS CORP 95 37 OVERTIME 315051200406CORRECTIONS OFFICER 3,726 1,453 OVERTIME 315051200411CORRECTIONS SGT 476 186 OVERTIME 315051300406CORRECTIONS OFFICER 402 157 SHIFT 31505130041 l CORRECTIONS SGT SHIFT 32 13 TOTAL 59,627 23,257 Mental Health 431051000196DEP COM MH 431051000285COMM MH SVCS 431151000237 DIR MENT. HLT CLIN 431151000294PROGRAM DIR. CSS 431251000255PRG. DIR. DAY TRMT 1,732 675 2,095 817 1,744 680 1,390 542 1,378 537 TOTAL 8,339 3,251 Health Department 401051000232PUB. HEALTH ADMN. 401051000250PUBLIC HLTH. DIR. 401051000254MEDICAL DIRECTOR 401351000297EMP SAFETY & HEALTH COOR 401451000315DEP. MED. EXAM. 401651000230DIR OF PAT. SRVCS. 409051000240SR. PUB. HLTH. ENG. 404751000774EARLY INTER DIR. 1,389 542 1,677 654 532 207 1,006 392 304 119 1,387 541 1,563 610 1,252 488 TOTAL 9,110 3,553 Weights and Measures 363051000207DIR. WGTS & MEAS. 1,000 390 219 Social Services July 19, 2005 601051000206DIR. ADM SERVICES 601051000233 SOC. SRVCS. ATTORN 601051000247COMM. SOC. SRVCS. 601051000280PROG DEVELOP SPEC 601051000293 DIR. OF SVCS. 601051000503 CLERK 1,741 679 4,340 1,693 1,860 726 1,078 420 1,744 680 1,688 658 TOTAL 12,451 4,856 Office for the Aging 677251000215DIR, OFF. FOR AGING 1,156 451 Human Rights 804051000284DIR. OF HUMAN RIGHTS 1,301 507 Youth Bureau 702051000220YOUTH BUR. DIR. 1,326 517 Workforce Development 629051000I87WKFORCE DEVEL. DIR 629251000189 EMPLOYMENT & TRAINING DIR 1,350 526 1,218 475 TOTAL 2,568 1,001 Planning 802051000243 COMM. OF PLANNING 802051000283DEP COMM PLANNING 952 371 1,440 562 TOTAL 2,392 933 Assigned Counsel 117051000275 SUPERVISING ATTRNY 546 213 District Attorney 1165 51000176ASST DA, LOCAL CRIM COURT 116551000228ASST. DIS. ATTORN. 116551000277DEP DISTRICT ATTNY 116551000311 SECRETARY, DA 1165 51000330 SECRETARY 116551000342VICTIM & RECOVERY SP 116551000350ASST TO DA 2,366 923 5,912 1,739 832 1,507 833 751 2,306 678 324 588 325 293 TOTAL 13,940 5,437 Dept of Emer. Response 341051000188COMMUNIC. CENTER DIRECTOR 1,585 618 Probation 314051000238 PROBATION DIR. 1I 314251000186DEP PROB DIR 1I 314251000211 PROBATION SUPER. 1,742 1,585 4,655 679 618 1,816 TOTAL 7,982 3,113 Sheriff Jail 311051000330 SECRETARY 3113 51000193 CAPT DEP SHERIFF 315051000184CORR LIEUTENANT 315051000219UNDERSHERIFF 315051 000290CHIEF CORR OFFICER 1,075 1,574 1,192 1,732 1,442 419 614 465 675 562 TOTAL 7,015 2,735 Airport 561051000225 AIRPORT MANAGER 561051000274AST AIRPRT MANAGER 1,632 636 1,218 475 TOTAL 2,850 1,111 Facilities 162051000177ASST DIR FACIL 162051000179DIR OF FACILITIES 1,301 507 1,574 614 TOTAL 2,875 1,121 Highway 501051000266COUNTY HWY MANAGER 1,574 614 513051000276EQUIPMENT SERV MGR 950 371 220 July 19, 2005 TOTAL 2,524 985 Solid Waste 8163 816351000198 RECYCLING SUPV 816851000257SOLID WASTE MGR. 816951000279ASST SOL WST MGR 1,074 419 1,566 611 1,087 424 TOTAL 3,727 1,454 Public Works Admin 149051000222PW ADMINISTRATOR 1,313 512 Legislature 104051000178CLERK, LEGISLATURE 1,442 562 104051000351 DEP CLERK, LEGISLA 2,014 786 TOTAL 3,456 1,348 County Admin 123051000253COUNTY ADMIN. 123051000316EXEC ASST TO C/ADM 123051000318 ACCT CLERK/TYPIST 198851000340PUBLIC INF OFFICER 123051000282DEP. CNTY ADMIN 198951000338CONTRACTS COORD 2,314 903 1,000 390 612 239 877 342 952 371 1,018 397 TOTAL 6,773 2,642 Assessment 135551000181 ASST DIR ASSESSMENT 1,431 558 135551000244DIR. OF ASSESS. 1,732 676 TOTAL 3,163 1,234 ITS 168051000195DIR INF TECH SVCS 1,905 743 Finance 131051000296BGT & FIN MANAGER 1,322 516 131051000326ADMIN ASSISTANT 1,940 756 131051000334PRIN ACCT CLK TYP 910 355 131551 000246COMPTROLLER 2,096 818 131551000252DIR ACCT SVCS 1,301 507 1315 51 000320 SR ACCT CLERK/TYP 827 323 1315 51000327AUDITOR 1,089 425 1 3 1 5 51000331 PAYROLL COORDINATOR 1,014 395 1315 51000349 PAYROLL SPECIALIST 915 357 TOTAL 11,414 4,452 County Clerk 141051000202DEPUTY CO. CLERK 1,085 423 141151000210MOT. VEH. BUR. SUPR. 1,023 399 TOTAL 2,108 822 Elections 145051000175 DEPUTY COMM OF ELECTIONS 145051000201 COMMR. OF ELECT. 1,663 649 2,613 1,019 TOTAL 4,276 1,668 County Attorney 142051000226ASST. CTY ATTORNEY 142051000248COUNTY ATTORNEY 142051000312PARALEGAL TO CA 142051000337SEC/PARALEG AIDE CA 1,363 532 2,201 858 1,131 441 905 353 TOTAL 5,600 2,184 Personnel 143051000183EMP BENEFITS MGR 143051000242COMM. OF PERSONNEL 143051000333 PERSONNEL ASST 143051000341ADMIN SRVCS COORD 198751000347ORG DEVELOP COORD 143051000258PERS/BEN. ASSOCIATE 1,183 461 1,918 748 2,725 1,063 1,002 391 943 368 1193 465 TOTAL 8,964 3,496 221 July 19, 2005 RESOLVED, further, That the Department's Fiscal Targets have been increased by the salary and fringe costs associated with the above accounts. SEQR ACTION: TYPE II -20 Reconsideration of Resolution No. 137 It was MOVED by Mrs. Schuler, seconded by Ms. Robertson, to Reconsider Resolution No. 137 for the purpose of inserting language pertaining to evaluation. A voice vote on the motion to reconsider resulted as follows: Ayes - 7 (Legislators Herrera, Joseph, Kiefer, Koplinka-Loehr, Proto, Robertson, and Schuler); Noes - 7 (Legislators Blanchard, Booth, Lane, McBean-Clairborne, Penniman, Todd, and Totman); Excused - 1 (Legislator Winch). MOTION FAILED. RESOLUTION NO. 140 - AUTHORIZING SALARY INCREASES FOR POSITIONS WITH SALARIES SPECIFICALLY AUTHORIZED BY BOARD RESOLUTION TO BE ABOVE THE SALARY RANGE (Resolution referred to Committee; Postponed from August 2, 2005, to August 16, 2005, and Adopted) MOVED by Mr. Koplinka-Loehr, seconded by Ms. Robertson. Mr. Koplinka-Loehr said Resolution No. 118 of 2002 established a practice of evaluating the salaries of several positions above the salary range on an annual basis. He said this resolution reverses that action. Ms. Kiefer said she does not believe Resolution No. 118 needs to be rescinded in order to accomplish what is intended since it does not require annual action but says just that this Legislature must take action. Ms. Herrera spoke in opposition to this resolution and stated that a two percent increase on an annual salary of $22,000 represents a completely different proportion of a person's income than it does when a two percent increase is given on a $100,000 annual salary. She said this is something Legislators should have a chance to review and does not support removing language that requires this to have individual resolutions in the future. Mr. Proto agreed with Ms. Herrera and said there are some County staff who earn over $100,000 annually and thinks it is wise for this Legislature to periodically review those salaries. Ms. Kiefer also agreed with Ms. Herrera's statement and said there are other ways this could be approached. She suggested that language be included that would provide the positions listed in the resolution with the same pay increase management gets but that, for example, the increase be no less than $500 and no more than $2,000. It was MOVED by Mrs. McBean-Clairborne, seconded by Ms. Herrera, to refer this Resolution back to the Budget and Capital Committee. Mr. Koplinka-Loehr opposed the motion to refer back to Committee as there has already been discussion of several different options. The result of this being reviewed on an annual basis has been that the common criteria has not been found that the Committee or the entire Legislature can agree to. One of the reasons these positions are rated above the salary range is because they are particular niches in the market and warrant higher salaries. Mr. Totman said in most businesses an employee is usually granted a pay raise based on the merits of their performance. He supports these positions and their salaries being reviewed on an annual basis. Ms. Robertson spoke against referring this back to Committee and stated that often, those who support referring a resolution back to committee do not attend the meeting to provide input. Ms. Blanchard said she is interested in establishing a window as suggested by Ms. Kiefer. July 19, 2005 A voice vote on the motion to Refer to Committee resulted as follows: Ayes - 9 (Legislators Blanchard, Herrera, Kiefer, McBean-Clairborne, Penniman, Proto, Robertson, Schuler, and Totman); Noes - 5 (Legislators Booth, Joseph, Koplinka-Loehr, Lane, and Todd); Excused - 1 (Legislator Winch). MOTION CARRIED; RESOLUTION REFERRED TO COMMITTEE. Recess Mr. Joseph declared recess from 8:02 p.m. to 8:12 p.m. RESOLUTION NO. 141 — REQUESTING AMENDMENT TO NEW YORK STATE TAX LAW ARTICLE 31 TO PERMIT TOMPKINS COUNTY TO IMPOSE A COUNTY TRANSFER TAX MOVED by Mr. Koplinka-Loehr, seconded by Mr. Booth. It was MOVED by Ms. Robertson, seconded by Mr. Lane, to amend the amount from four dollars to "up to two dollars for each one thousand dollars". Mr. Lane said he can support some increase in the Transfer Tax but could not support the original amount. Mrs. McBean-Clairborne said she supports this resolution with the amended amount. Mr. Penniman said he is willing to support this amendment because there is a very high level of tax-exempt property in Tompkins County and this can be applied to all of that property. Ms. Herrera said she cannot support this amendment or the original resolution. She could, however, support this if language were added to state the funds were dedicated for a specific purpose, such as TCAT. Ms. Kiefer said she would have preferred to vote on the original amount of $4 and then this if that had failed. Ms. Robertson said the Committee did not discuss the amount in as much detail as the overall concept of imposing this tax. She feels $2 is a reasonable compromise from the original amount. Mr. Totman spoke against the amendment and the resolution because of the cost that would be passed on to the buyer and he opposes any additional costs being placed on taxpayers. Mr. Todd said he cannot support this on principal because he feels this is too narrow of a base and only parties that would be taxed are the people involved in property transfers. He also does not like the idea of a dedicated tax because it distorts what the intent of the action is. Mr. Todd said he would prefer to see a proposal to increase sales tax because he feels that is a very broad-based tax and includes the students in Tompkins County. A voice vote on the amendment resulted as follows: Ayes — 9 (Legislators Blanchard, Booth, Joseph, Lane, McBean-Clairborne, Penniman, Proto, Robertson, and Schuler); Noes — 5 (Legislators Herrera, Kiefer, Koplinka-Loehr, Todd, and Totman); Excused 1 (Legislator Winch). MOTION CARRIED. A voice vote on the resolution as amended resulted as follows: Ayes — 10; Noes — 4 (Legislators Herrera, Proto, Todd, and Totman); Excused —1 (Legislator Winch). RESOLUTION ADOPTED. WHEREAS, New York State currently collects an ownership transfer tax on each conveyance of real property in Tompkins County under Tax Law § 1402 amounting to four dollars for each one thousand dollars or fractional part thereof, and WHEREAS, Tompkins County has previously deliberated on the imposition of an additional tax on real property, and chose to postpone such a decision until fiscally necessary, and 223 July 19, 2005 WHEREAS, Tompkins County government is now facing unprecedented fiscal challenges in meeting its obligations to provide needed services to Tompkins County residents, and believes it necessary to relieve dependence on the real property tax levy while also increasing local revenues, now therefore be it RESOLVED, on recommendation of the Budget and Capital Committee, That the Tompkins County Legislature requests an Amendment to New York State Tax Law authorizing Tompkins County to impose and collect a local transfer tax amounting up to two dollars for each one thousand dollars or fractional part thereof (resulting in a total transfer tax of six dollars per one thousand dollars in Tompkins County), RESOLVED, further, That revenue generated from this tax will support the County's physical, transit, and educational infrastructure, RESOLVED, further, That Tompkins County requests that this amendment to the New York State Tax Law shall be effective immediately. SEQR ACTION: TYPE I1-20 RESOLUTION NO. 142 - A RESOLUTION APPROVING AN AMENDMENT TO THE RESIDUAL CERTIFICATE ISSUED BY THE TOMPKINS TOBACCO ASSET SECURITIZATION CORPORATION (Resolution Lost) MOVED by Mr. Koplinka-Loehr, seconded by Ms. Blanchard. Mr. Penniman thanked Mr. Koplinka-Loehr and staff for preparing the present -value analysis and commented that it was very helpful. He said in his opinion there is a significant difference in that the County would be foregoing ($3.8 million) to receive $1 million now. Mr. Squires said the two issues here are when looking at the present value the County is looking at a big cut (one-third to one-half) and that is a central issue if you believe the County will ever receive any of this money. Under present circumstances the residual is pledged to the bondholders until the bonds are paid off and they will not be paid off until 2025 under current conditions. If the bonds are paid off and if the income comes in the County would receive the residual funds. The other issue is taking into account the upfront payment of $1 million results in a savings to the County because otherwise the County would be borrowing $1 million and paying it off at a rate of $125,000 per year for ten years assuming it was used for a ten-year amortization. If it were a twenty-year amortization the County would be saving $80,000 per year over twenty years. Mr. Squires said he is skeptical that in 2025 the tobacco companies will still be paying under the terms of the settlement because they have the greatest incentive to figure a way to get out of it. Ms. Schuler asked what other counties are doing. Mr. Squires said he is not aware of any county that has turned this down. Mr. Joseph said he will vote differently than he originally intended and explained his reasons for doing so. He said in looking at the present market -value numbers he sees how dramatic they are and how much the County would be sacrificing in future money, and he cannot support doing this. He said he opposed the first set of tobacco bonds but that was different because of the risk involved and at first he felt this was different because the bondholders were taking over the risk involved, but now, with the turbo bonds, he believes they are not. Ms. Kiefer said when the County first securitized it only did so for half of what could have been securitized. Now that the County has five years of experience with this she believes the County has done better each year than the estimates. Although she believes a good job has been done at marketing the perils of cigarette smoking in this country and hopes smoking is going down, she does not expect tobacco 224 July 19, 2005 companies to vanish. She said as a result of technical and scientific capabilities, she expects tobacco companies to produce a filter that gets rid of the serious tobacco toxins in the near future, and to then continue to sell cigarettes in the United States. Ms. Blanchard said she was in favor of securitizing the entire amount at the beginning. She believes it would be wise for the County to move forward with this now because there are a lot of things that are going to happen in the future that will affect the financial situations. She said the real issue at hand is whether Legislators believe the tobacco companies are clever enough to get out from under the agreements they have made. She thinks they will. Mr. Lane said he was opposed to securitizing any of the tobacco settlement five years ago. The courts are looking at this and he doesn't think the County has to do this at this time and should let the revenue stream continue as it is. This would just be a one -short revenue fix. A voice vote on the resolution resulted as follow: Ayes — 7 (Legislators Blanchard, Booth, Herrera, Koplinka-Loehr, Todd, Totman, and Robertson); Noes — 7 (Legislators Joseph, Kiefer, Lane, McBean-Clairborne, Penniman, Proto, and Schuler); Excused — 1 (Legislator Winch). RESOLUTION FAILED. WHEREAS, the County of Tompkins (the "County") has previously entered into a Purchase and Sale Agreement with the Tompkins Tobacco Asset Securitization Corporation (the '`LDC") dated as of October 15, 2000 (the "Purchase and Sale Agreement") pursuant to which the County sold its rights, title and interest in and to the Tobacco Settlement Revenues (as defined in such Agreement), and WHEREAS, the LDC issued its Tobacco Settlement Asset -Backed Bonds, Series 2000 (the ``Series 2000 Bonds") pursuant to an Indenture with Manufacturer's and. Traders Trust Company, as Trustee, dated as of December 1, 2000 (the "Indenture") to fund the purchase of the Tobacco Settlement Revenues from the County, and WHEREAS, the LDC has also issued a Residual Certificate pursuant to the Indenture and deposited same into a statutory trust established under the laws of the State of Delaware designated Tompkins TASC Residual Trust (the '`Residual Trust") and caused an undivided beneficial interest in the Residual Trust to be conveyed to the County (the `Beneficial Interest"), and WHEREAS, the County's Beneficial Interest in the Residual Trust includes the right to receive all Tobacco Settlement Revenues in excess of the amounts necessary to pay the principal of and interest on the Series 2000 Bonds, the expenses of the LDC, the expenses of the Indenture Trustee for the Series 2000 Bonds and any amounts necessary to maintain the reserve funds required to be maintained by the Indenture, and WHEREAS, a rating downgrade of RJ Reynolds Tobacco Holdings, Inc. as well as an increase in market share of non -participating tobacco manufacturers has resulted in Trapping Events under the Indenture, and WHEREAS, as a result of such Trapping Events the County has not received any payments from the Residual Trust since 2002 and it is unlikely that the County would receive any residual payments over the next several years as a result of the likely continuation of at least one of these Trapping Events, and WHEREAS, it is proposed that the LDC refund the Series 2000 Bonds by the issuance of new bonds (the ``Series 2005 Bonds) providing for an up -front payment to the County of the residual payments which would otherwise be trapped, and WHEREAS, in order to secure to present generations a portion of the benefits intended to be conferred by the Tobacco Settlement Revenues, it is necessary or desirable for the County to authorize an amendment to the Residual Trust and Residual Certificate, as well as the Purchase and Sale Agreement; now therefore be it RESOLVED, by the County Legislature of the County of Tompkins, as follows: Section 1. An amendment to the Residual Certificate (to provide for payment thereunder from Tobacco Settlement Revenues only when the Series 2005 Bonds are no longer outstanding), is hereby 225 July 19, 2005 authorized in exchange for the delivery to or upon the order of the County of the net proceeds of the Series 2005 Bonds after (A) payment of an amount sufficient to legally defease the Series 2000 Bonds, (B) payment of all costs, fees, credit and liquidity enhancements, costs of issuance, and other expenses of the LDC, and (C) the funding of all reserves funds, debt service accounts for the payment of capitalized interest, and other pledged funds which may be necessary or desirable in connection with the issuance of the Series 2005 Bonds. Any related necessary or advisable amendments to the Purchase and Sale Agreement are also authorized. Section 2. The Chair of the County Legislature and the County Finance Director, or either of them, is hereby further authorized to execute and deliver, on behalf of the County, such other agreements, instruments or authorizations, including amendments to the Purchase and Sale Agreement, as may be contemplated by, or necessary or advisable to consummate or otherwise give full effect to, this resolution, and which are deemed necessary or desirable to effectuate the transactions contemplated by this resolution and to perform all acts and do all things required or contemplated to be performed or done by this ordinance or by any agreement, instrument or authorization approved, contemplated or authorized hereby. Section 3. The County hereby pledges to and agrees with the LDC and the holders of any bonds, notes and other obligations (hereinafter the "Bonds") of the LDC including without limitation the Series 2005 Bonds that the County will not limit or alter the rights of the LDC to fulfill the terms of its agreements with the holders of the Bonds or in any way impair the rights and remedies of such holders or the security for the Bonds until the Bonds, together with the interest thereon and all costs and expenses in connection with any action or proceeding by or on behalf of such holders, are fully paid and discharged. The Legislature further hereby delegates to the County Finance Director or his designee(s) the power to make, ratify and confirm such pledge to and agreement with the LDC and the holders of its Bonds to be made or enforced. The LDC is hereby authorized to include in any agreement with or for the benefit of the holders of its Bonds the pledges and agreements made by this Legislature and by the County Finance Director on behalf of the County pursuant to this Section. Section 4. This resolution shall take effect immediately. SEQR ACTION: TYPE 1I-20 Report from the Government Operations Committee Mr. Lane, Chair, reported the Committee has not met since the last Legislature meeting. The next meeting will be tomorrow at 2 p.m. One item on the agenda for that meeting is a discussion of changes in the Help America Vote Act. Mr. Lane called attention to the legislative district maps that have recently been displayed in the Legislature Chambers. Report on the Industrial Development Agency Mr. Lane reported on the last Industrial Development Agency (IDA) meeting and stated the IDA has been looking at a major housing project referred to as Gateway II. In an effort to increase density in the downtown corridor, the IDA spent a lot of time looking at this and hired a consultant to look at the financial needs of the developer. He said a public hearing was held at which opposition was expressed from the Ithaca City School District for a number of reasons, including concern that more students may be added to the mix, costing the School District more money. It was also felt that there was not a financial need on the part of the developer. Mr. Lane said he felt the project met the criteria of the Density Policy and reported the abatements were granted at the IDA meeting last week with one member being opposed. At that meeting the IDA also approved the next project corning along under that policy referred to as the Cayuga Green II project (development of the former Woolworth's lot). On July 29 a special meeting will take place with discussion to take place about the financial need of the developer and whether a look needs to be taken at a different way to approach that. 226 July 19, 2005 Mr. Proto asked that the IDA explore a recapture policy, that is, whether or not the IDA or the County can share in the appreciated value of a sale when an entity has received a tax abatement. He said he also understands the IDA has adopted the City Density Plan and said another part of that included doing the same for municipalities. Mr. Lane said he would check on this. Mr. Proto asked if the Government Operations Committee would look into what Tompkins County could do to counteract the Supreme Court's recent eminent domain decision. Report from the Public Safety Committee Mrs. McBean-Clairborne, Chair, reported the Committee met on July 7. Joan Jurkowich, Deputy Commissioner of Planning, reported on the STOP -DWI program. Previously she had informed the Committee of the intent to purchase a message board; however, plans for that have been put on hold because bids were received at an amount higher than expected. The Committee was also presented with the concept of the STOP -DWI program funding a half-time Deputy position using DWI monies with the hope that the County would fund the other half. Mrs. McBean-Clairborne said the Committee felt that given what is ahead with the uncertainty of the budget that such a proposal could not be supported at this time. Ms. Jurkowich also reported efforts are taking place to create a better collection system for DWI fines. At present there is approximately $200,000 in uncollected fines. The Committee approved the filling of a position at the Department of Emergency Response. The Committee received an overview of the Communications Capital Project from Mr. Whicher and Mr. Shurtleff. At the next meeting there will be continued discussion on subscriber equipment and finalizing site plans for the Environmental Impact Statement and the SEQR process. Mr. Shurtleff also informed the Committee that discussions have been taking placed with the involved municipalities about the draft site plan and spoke of a good discussion that took place with representatives of the Town of Danby. Olan Mack, Director of Offender Aid and Restoration, was present at the meeting and reported on a transition program plan he is working on and will make a presentation to the Committee in the next couple of months. The Committee also discussed Jail statistics and the close monitoring of board -out costs. During the discussion, Ms. Robertson noted that the daily admissions number is up; however, the length of stay is down. Mrs. McBean-Clairborne said she will be asking for an update on the renovations at the Public Safety Building and timelines for when work will be completed. Mr. Whicher was asked who would be handling the EIS for the Communications Capital Project now that Mikel Shakarjian has left; he said that responsibility has been transferred to the Planning Department. The next meeting will be August 4th. Report from the Workforce Diversity and Inclusion Committee Mrs. McBean-Clairborne, Chair, reported the Committee has not rnet since the last meeting of the Legislature. The next meeting will be tomorrow at 3 p.m. at the Human Services Building. At that meeting the Committee will receive a presentation on the Civil Service process and will discuss the Diversity Statement and how to get that infused into Tompkins County government. Report from the Facilities and Infrastructure Committee Mr. Penniman, Chairman, reported the Committee met July 12th. At that meeting the Committee discussed the resolution that was approved under the Consent Agenda earlier this evening pertaining to leachate hauling. Following a lengthy discussion, members of the Committee felt satisfied that Tompkins County did well with that contract compared to other counties in the area. The Committee also received a report from the Highway Manager on the summer program and learned the Highway 227 July 19, 2005 Program is on schedule this year. Mr. Sczesny will be providing the Legislature with a full report on the highway program at a future meeting. Report from the Space Needs and Location Committee Mr. Proto, Chairman, reported the Committee met last week and received a final draft of the Space Use Master Plan. Highlights of the report include a recommendation that the Old Library be demolished and that a new building be constructed on that site to house County departments. The report will also recommend that a new building to house the Public Health Department be constructed on County Land at the present West Hill site. The Committee is presently reviewing the draft report and will be discussing it further on July 26 at 11:30 a.m. A full presentation will be made at the August 2 Legislature meeting. Approval of Minutes of July 5, 2005 It was MOVED by Mr. Proto, seconded by Ms. Robertson, and unanimously adopted by voice vote by members present, to approve the minutes of July 5, 2005 as corrected. MINUTES APPROVED. Recess Chair Joseph declared recess from 9:20 p.m. to 9:25 p.m. Executive Session It was MOVED by Mr. Koplinka-Loehr, seconded by Ms. Kiefer, and unanimously adopted by voice vote by members present, to enter into executive session at 9:25 p.m. to discuss contract negotiations. The meeting returned to open session at 9:55 p.m. Adjournment On motion the meeting adjourned at 9:55 p.m. 228 August 2, 2005 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: 12 Legislators. Excused: 3 (Legislators Koplinka-Loehr, Schuler, and Winch) Privilege of the Floor by the Public Fay Gougakis, City of Ithaca resident, spoke of the recent public hearing conducted by Tompkins County Industrial Development Agency regarding the proposed Cayuga Green Project tax abatements. She expressed concern that a question from the former Mayor of the Village of Lansing relating to whether the specific documents of the IDA applicant's information were available to the public was not fully answered by Mr. Stamm who was conducting the hearing. She believes all documents related to possible tax abatements should be available to the public. Ms. Gougakis then spoke of the Space Use Master Plan to be discussed this evening, pointing out that several years prior a determination was made to move the library to the old Woolworth building rather than maintain it at the Cayuga/Court Street location. She believed it should have stayed at the original location so that the old Woolworth retail space could be better utilized. She stated the proposal now to deconstruct the building and replace it with a Center of Government may not be the right choice. Distinguished Youth Award Ms. Robertson, District No. 13 Legislator, presented the July 2005 Distinguished Youth Award to the Sciencenter Teens. Ms. Robertson spoke of the group present being a cross-section of the many teens that since 1996 have provided countless hours of volunteer and youth employment program work at the Sciencenter and has gained national attention. The award was accepted by Vincente Sierra, Coordinator for the Youth Employment Program, who spoke of the teens as being ready, willing, and able to work; putting their all into what they are doing. He stated that programs such as the Sciencenter and the teens that volunteer should continue to be recognized for their efforts. In response to Ms. Herrera's question the youth stated the Discovery Space and Animal rooms are the most popular exhibits. Privilege of the Floor by Legislators Mr. Joseph, District No. 12 Legislator, responded to Ms. Gougakis' concerns relating to the Tompkins County Industrial Development Agency (IDA) public hearing, stating he had provided an individual with a consultant report that contained standard text relating to the fact the information is to be used solely for the purpose of the Industrial Development Agency. The gentleman had questioned whether it was a public document; Mr. Joseph said Mr. Stamm did answer stating the IDA considers it public information and would provide it to anyone asking for it. Mr. Proto, District No. 7 Legislator, reminded Legislators and the public of the upcoming Farm City Day hosted by the Freebrook Farm located at 39 Fall Creek Road, Freeville. He said the event which has taken place for eight years, will have horse-drawn wagon rides as well as other demonstrations and exhibits. Mr. Proto acknowledged the sponsors: Tompkins County Agriculture and Farmland Protection Board, Cornell Cooperative Extension of Tompkins County, agricultural businesses and organizations. 229 August 2, 2005 Mr. Lane, District No. 14 Legislator, thanked Mr. Proto for the announcement and the Marquis family who is hosting the event. He hoped people would attend the Farm City Day and also reported that on Saturday, August 6, there will be a dedication ceremony for the new baseball diamond located on Wall Street in Dryden. Mrs. McBean-Clairborne, District No. 2 Legislator, spoke of a flyer "Better Together" produced by 2005 Ithaca Festival participants that describes a variety of free and fun activities available in Tompkins County. The items listed included hanging out at the Greater Ithaca Activities Center, riding bikes, swimming, utilizing parks, etc. She thanked those responsible for putting together the list of items, noting not all families have the financial ability to do activities that cost money. She thought it is the little things such as this that help to bring the community together. Ms. Robertson, District No. 13 Legislator, reported the new acting Executive Director of Catholic Charities is former Social Services Commissioner Mary Pat Dolan. Communications Capital Project Update Mr. Shurtleff, Emergency Response Director, provided an update of the on-going communications project that will provide improved emergency service communication throughout the County. Since last April when it was determined to go with a 10 -site system (six existing and four new sites in the Caroline/Danby/Enfield area), suitable and accessible property for the new sites have been reviewed to determine a tower under two hundred feet (to avoid the requirement of tower lighting) would be viable. In addition, existing towers are being analyzed to determine if they are structurally sound and capable of the weight -load of the new equipment. Contract negotiations with Motorola are continuing to determine the system size and features. The consultant has moved ahead with draft site plans for preliminary environmental impact statement (EIS) purposes. The EIS process will be for the entire project and include information regarding specific sites and construction. The County plans will move forward with site work as well as obtaining the cost of the physical work on the system. Motorola is preparing quotes for the radio network system that should be received by the third week of this month at which time the County will move into final negotiations. The Communications Capital Project planning team continues to be well prepared and meets at least weekly and sometimes daily to review details of the project. Mr. Shurtleff said Joan Jurkowich, Deputy Commissioner of Planning, and Katie Borgella, Planner, will be coordinating the EIS process. The consultant is preparing to move forward with the documentation for the draft EIS, particularly visual impacts of proposed sites. In August large (fifteen -foot -diameter) colored balloons will be flown at proposed tower heights to provide simulated sight perception. All individuals connected with the project are working with the public information team to put together public and municipal briefings as each step progresses. Mr. Shurtleff said the balloon sight perception process should occur between next week and the end of month; it is difficult to say exactly what day as the testing must be done on a non- windy clear day. He said every effort will be made to notify Legislators in advance. Mr. Shurtleff also said outreach with town supervisors continues so that they are informed and given opportunities for input. The Draft EIS should be done by the beginning of October. Following the notice there is a thirty - day comment period for the public and the public hearing will take place. The consultant and the County will then review comments/questions and prepare the response prior to submission of the final EIS in December. 230 August 2, 2005 Mr. Shurtleff said there are many items for the project that are taking place on parallel tracks. It is hoped to have the contract in place by the end of the year with construction beginning in Spring 2006. Mrs. McBean-Clairborne, Chair of the Public Safety Committee, is initiating discussions with users of subscriber equipment at the next Committee meeting. In response to a question from Ms. Robertson, he stated the County is working with the Town Supervisors and will have actual site development draft plans and drawings. The Towns have been asked to tell the county which boards/individuals to contact in each municipality. Ms. Kiefer asked if the towers will be monopoles as the new tower at the Emergency Response Center and was advised there has not been a final conclusion. It is thought the new sites will have a self- supporting lattice structure; existing sites are being evaluated to determine if they can be modified to support the weight of the new equipment. Presentation from the Space Needs and Location Committee - Tompkins County Space Use Master Plan Mr. Proto, Chair, expressed his appreciation for the work conducted by predecessor committees that led to the final Committee and the plan being presented. He stated the Committee codified a lot of the recommendations in the report, which will be reviewed in more detail. He spoke of the Committee's charge to determine the current and future space needs of County departments and provide a recommendation. Mr. Proto stated the recommendations are to construct a new Health Department on the county -owned property adjacent to the existing Biggs B complex, and to deconstruct the old library and build a new Center of Government building. If the Legislature decided to follow the plan, design work for the new Health Department would start in 2006/2007 with construction beginning in 2008; design work for the Center of Government building design work would take place in 2007/2008, with construction beginning in 2009. Mr. Proto said a resolution will come forth , to the August 16, 2005, meeting of the Legislature for action on adoption/acceptance of the report. A third option that was discussed by the Committee is the construction of a Justice Center to house Family Treatment Court, Day Reporting, and Criminal Treatment Court. Mr. Marx, Commissioner of Planning and Public Works, provided a brief history of the predecessor Committees' work as well as the work of the present Committee. He noted that by 2002 no decisions had been made and the charge of the present Committee was to come forward with recommendations. He spoke of the work done by Ms. Buck of the Planning Department and Mr. LeMaro of the Facilities Division which greatly assisted in the development of the recommendations. Mr. Marx reviewed the basic information in the plan and provided a timeline of the work done by the Committee. Mr. Marren of LaBella Associates provided a slide presentation of the site and conceptual designs of the recommended buildings. He acknowledged Trowbridge and Wolf, LLP and LeChase for their assistance regarding site information and construction cost estimates, respectively. Mr. Marren noted that if the Old Library were deconstructed, 75 percent of the materials would be used in other manners rather than going to landfills. Mr. Proto asked that specific questions be provided to Ms. Buck by August 12 so they may be answered prior to the next Legislative meeting. He then recognized the four Committee members, Ms. Stein, Ms. Buck and Mr. LeMaro, as well as the minute -takers for their perseverance and work. A discussion of the presentation followed the presentation. Mr. Penniman inquired if it would be beneficial to have separate resolutions for the Health Department and Center of Government options, as he recognizes the urgency in providing the Health Department with a better structure due to the age of the existing building. Mr. Proto explained that the resolution allows the Legislature to accept/adopt the report that would not necessarily connect work on one with the other. He noted the Committee would like to see 231 August 2, 2005 the recommendations move forward but also recognize the budget constraints the County has. He also noted the Center of Government option may be triggered by requests of the New York State Court system. Mr. Totman stated he is not for or against the recommendations and noted they were well presented. He expressed concern with the cost of the recommendations and noted if all were done it would cost $28 million for all three buildings. Mr. Totman believes that the public would not accept this and it will require clarification that this is only a recommendation, not an authorization to build. Mr. Marx explained that the Committee's goal was to make recommendations and how to incorporate the construction of any of the recommendations would be done in the long-range capital plan which may just be a place -holder. Ms. Robertson believes it is important to include the reason for the study and recommendations, that the public needs to know of the issues of maintenance ort aging buildings, utility cost, etc. and the information indicating the reason new construction could be less expensive over a twenty-year period. She also did not know why the Court system's ability to trigger a move of County departments is not mentioned. Ms. Kiefer said the information about the court system was not included as nothing has changed from previous years. She said if the Office for the Aging department could be moved it would assist in dealing with the court space issue; however, the report does not but does speak of possibly relocating COFA by or with Lifelong. Ms. Robertson spoke of not all decisions being unanimous and requested clarification of the viewpoints of Committee members. Mr. Proto said not all members were present at all times, and that individual concerns were reflected in the report. He referred Ms. Robertson to the Committee minutes that would assist in clarification. Ms. Kiefer said that the important unanimous determination regarding the Health Department was that all members recognized the need to construct a new building. She said that three members favored the Biggs B property while the other two preferred a more centralized location. Ms. Kiefer said the entire Legislature would ultimately make a determination on location, adopting of the report simply acknowledges the need to provide a new building for the Health Department. Ms. Blanchard inquired what is involved for the LEER certification and if the payback could be determined and also if an underground parking lot was discussed. Mr. Marren said there are different categories for LEED certification, some of which provide payback due to efficiencies for things such as water and/or energy conservation. In addition NYSERDA funding may assist in providing efficiencies that would save money over a period of years. Some LEED benefits are more for environmental benefits due to recycling of materials. With regard to the underground parking he said it would not significantly benefit the design due to the limited lot size. The cost to construct the building over a parking structure would not only add cost but due to post -9/11 security issues regarding government buildings, it is not recommended. Mr. Lane thanked the Committee members for their work. While moving forward on a needed topic, Mr. Lane is not in a position to approve a capital project. He said the County does not have funding for new construction and that other buildings such as the Public Safety Building also require extensive upgrades. In addition, he believes the site for the Health Department should be within the County seat. He said residents of his district are required to travel a great distance to this location as well as the hospital. Mr. Proto reiterated this is only a recommendation, the full Legislature would have a say on whether to construct and where. In addition, Mr. Proto noted a determining factor was not to take more property off tax rolls. Ms. Herrera said she was proud to be a part of the Committee, and thanked Ms. Buck, Mr. LeMaro, Mr. Marx, and the consultants for their work on this project. She said the report does not state we must build now. She is reluctant to commit to a capital or design project at this time. Ms. Herrera 232 August 2, 2005 said what was learned from this project is standards for determining space allotments, information on how departments operate, how they efficiently interface, how to meet the needs of the public and the like. She said although things were not unanimous at the Committee level it was considered it would have to have the full Legislature come to agreement for unanimity. Mr. Booth stated he believes the greatest value is that there are recommendations in this report, though not unanimous and many reports such as this they would not be. What the report does that is valuable is that it makes clear that the Health Department issue has to be dealt with. He believes it makes that need clear. What is important to remember regarding the recommendation for a new Center of Government building is that the Office for the Aging and the courts' needs are the driving issues. He said in terms of total magnitude — neither issue (i.e. COFA or the Courts' needs) is close to what a new Center of Government building would involve. When the time comes for the Legislature to consider whether to build a Center of Government Building on the Old Library site, he predicts there will be two primary issues — one is cost and the other is whether the site is too cramped (not providing a sense of dignity). Mr. Booth is not convinced the recommendation made now will be what occurs. To prepare for the upcoming vote on the Committee's report, he would like to receive the following information: a short summary of the Committee's analysis of downtown in -city sites considered by the Committee respecting a new Health Department Building and a simple document providing square foot comparisons of space currently occupied by County departments and the space needs projected by the Committee. Ms. Robertson stressed the importance of outlining why there is imminent need to construct a new Health Department building. Mr. Proto stated a full set of documents relating to the various phases of the project are available in the Planning and Legislature offices. It was also explained that the Public Safety Building was not included in this report as a separate committee had existed for that purpose. Mr. Todd stated concern that these recommendations combined with the Communications System project presently underway represents approximately $48 million. He would like to see other alternative solutions that may not be as expensive to the County. He requested a report of the renovation costs for Biggs B. Mr. LeMaro stated although it had been done earlier he believes the number would be at least $11.5 million, making the construction of a new building more reasonable. Mr. Joseph stated he believes this was an important discussion. He said a resolution and further discussion would take place at the next Legislature meeting on August 16th. He again clarified that the capital program would be where a decision to build would be discussed and moved on. Mr. Joseph said if starting with construction of a Public Health building, it would need to be brought forward with full justification; with choices of location and other determining factors debated, discussed, and voted upon in the capital project phase. Recess Chair Joseph declared a recess from 7:33 p.m. to 7:45 p.m. Report and Presentation of Resolution(s) from the Government Operations Committee Mr. Lane, Chair, said the Committee met on July 20th and discussed many issues. He reported hearing from Ms. Skinner, Public Information Officer, results of a survey relating to County Corridors, an employee newsletter. He spoke of receiving information related to the Help America Vote Act and how New York State has determined to handle the federal guidelines. These new directives will require the County to be the caretaker of all voting machines and be responsible for training. Mr. Lane said no particular voting machine model has been approved and it is expected severalmodels will be approved for use throughout the State. As a result of the determination to have the County control and administer 233 August 2, 2005 equipment Government Operations is likely to bring a resolution to hold harmless the towns/villages from additional expenses related to this directive. Mr. Lane reported the Veteran's exemption resolution is again being reviewed by the Committee, and an update on proposed communication policy amendments was given by Mr. Potter, Information Technology Services Director. RESOLUTION NO. 143 - APPROPRIATION FROM CONTINGENT FUND AND INCREASE IN HOURS— BOARD OF ELECTIONS MOVED by Mr. Booth, seconded by Mrs. McBean-Clairborne. Mr. Proto inquired if there will be tracking of additional expenses relating to the new HAVA requirements. Ms. Cree said this has been done for the past two years since the new HAVA requirements were announced and will continue to be done to have an accurate record when reimbursements are determined. It was MOVED by Mr. Lane, seconded by Ms. Herrera, to add the following RESOLVED to the resolution: "RESOLVED, further, That the fiscal target for the Board of Elections for 2006 be adjusted by $26,260.00". Ms. Herrera pointed out that due to the new regulations four times the training will take place. Ms. Robertson noted the change provides for ten additional hours rather than hiring new employees. Mrs. McBean-Clairborne cannot support this amendment, stating it should have been included in the proposed budget submitted today. A voice vote on the motion resulted as follows: Ayes - 8; Noes - 4 (Legislators Joseph, McBean-Clairbome, Penniman, and Proto); Excused - 3 (Legislators Koplinka-Loehr, Schuler, and Winch). MOTION CARRIED. A roll call vote on the resolution as amended resulted as follows: Ayes -11; Noes - 1 (Legislator McBean-Clairborne); Excused - 3 (Legislators Koplinka-Loehr, Schuler, and Winch). RESOLUTION ADOPTED. WHEREAS, the Federal Help America Vote Act (HAVA) and New York State's Election Reform Modernization Act (ERMA) mandates substantial changes to the systems and procedures of the election process, and the Board of Elections is charged with carrying out these mandates, and these mandates have extremely short timelines for compliance, and WHEREAS, the Board of Elections Commissioners and staff will need to spend substantial time evaluating, seeking public input, selecting, and implementing new machines, planning subsequent secure storage, maintenance programs, programming procedures, and recruiting election inspectors and machine custodians, and educating voters so that they will have confidence in the new machines, and WHEREAS, ERMA requires the Board of Elections to consolidate all aspects of voting machines, and these duties are currently carried out by ten municipal clerks and their staffs, and WHEREAS, these new duties and responsibilities are such that they can only be accomplished by increasing the amount of time trained staff are required to work. and WHEREAS, in discussions regarding the 2005 budget request it was noted that extra help would be needed as the HAVA mandates took effect, but it was requested that the Board of Elections return to the Legislature to remedy these issues closer to the final HAVA implementation dates, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the Deputy Republican and Democratic Commissioners and the Republican and Democratic Senior Clerk positions be hereby increased from 35.0 hours to 40.0 hours per week effective August 1, 2005, RESOLVED, further, That the Director of Finance is authorized to make the following appropriations: FROM: A1990.54400 Contingent Fund $ 11,112 TO: A1450.51000175 Salary - Deputy Commissioners $4,444 A1450.51000691 Salary - Senior Elections Clerk $3,550 A1450.58800 Fringes $3,118 234 August 2, 2005 RESOLVED, further, That the fiscal target for the Board of Elections for 2006 be adjusted by $26,260.00. SEQR ACTION: TYPE 11-20 Chair's Report Mr. Joseph did not have a report. Report from the County Administrator Mr. Whicher announced on Wednesday, September 28, 2005, the Airport will be conducting a Federal Aviation Administration (FAA) required full-scale drill involving many surrounding mutual aid agencies. This drill is a simulated aircraft disaster, which requires many months of planning and preparation to produce a drill that is as close to a real disaster as possible. Anyone interested in assisting with this drill should contact Dave Crawford or Roxan Noble at the Airport Administration Office. Mr. Whicher announced that Legislator Winch is excused from the meeting tonight in order to be present at the induction of Assessment Director Valeria Coggin as President of the New York State Real Property Services Association, and offered congratulations to Ms. Coggin for the honor. Report from the County Attorney Mr. Wood, County Attorney, had not report. Report from the Finance Director Mr. Squires reported on the tobacco settlement, noting that if residuals are given up forever it would mean receiving more money up front. He said it appears that residuals may be available in 2025 after the debt is paid, however, there is a push to revoke residuals. Mr. Squires said Tioga County will get $1 million from the original transaction and other counties will receive $700,000 if the residuals are given up forever. Resolution(s) Added 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 It was MOVED by Mrs. McBean-Clairborne, 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. 144 - AUTHORIZING ACCEPTANCE OF A FEDERAL AVIATION ADMINISTRATION (FAA) GRANT TO EXTEND AND RELOCATE, MARK AND LIGHT MEDIUM INTENSITY TAXIWAY LIGHTING) PARALLEL TAXIWAY "A" BETWEEN TAXIWAYS "C" AND "E" (APPROXIMATELY 1500' X 50'), INCLUDING ASSOCIATED DRAINAGE AND AIRFIELD GUIDANCE SIGNS - ITHACA TOMPKINS REGIONAL AIRPORT 235 August 2, 2005 MOVED by Mrs. McBean-Clairborne, seconded by Mr. Booth, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the County has received a grant offer from the Federal Aviation Administration (FAA) in the amount of $2,420,450 to complete construction of Phase II of the three phase Parallel Taxiway Relocation project, to eventually bring the parallel taxiway into compliance with current Federal Aviation Administration (FAA) standards, and WHEREAS, the budget for this project is as follows: FAA Share (95.0%) Account No. HT 5601.44592 $3,255,144.35 NYSDOT Share ( 2.5%) Account No. HT 5601.43592 $ 110,067.95 Local Share ( 2.5%) Account No. HT 5601.45031 $ 110,067.96 Total $3,475,280.26 , and WHEREAS, the remaining Federal funding of $834,694.35 is already in hand from a previous 2002 Federal grant that has been set aside for this project, now Therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the grant offer from the FAA of $2,420,450 be and hereby is accepted and that the County Administrator is authorized to execute the required documents. SEQR ACTION: TYPE 1I-2 Approval of Appointment(s) Under the Consent Agenda It was MOVED by Mrs. McBean-Clairborne, seconded by Mr. Booth, and unanimously adopted by voice vote by members present, to approve the following appointment(s) under the Consent Agenda: Hillview Road Landfill Citizens Advisory Committee Dooley Kiefer - Legislator; term expires December 31, 2005 Report from the Space Needs and Location Committee Mr. Proto, Chair, announced the Committee meet on August 10, 2005, at 2:30 p.m. to discuss the questions/comments related to the report given this evening. Report from the Health and Human Services Committee Ms. Robertson, Chair, said the Committee has not met since the last Legislature meeting. The next meeting is August 3 at 10:30 a.m. At that meeting, the Committee will be discussing budgetary requests and concerns from all departments and agencies reporting to the Committee. Report from the Air Service Committee Ms. Blanchard, Chair, said the Committee has not met, the next meeting is August 15 at 3:30 p.m. Report from the Planning, Development, and Environmental Quality Committee Ms. Herrera, Chair, said the Committee has not met since the last Legislature meeting. The next meeting is August 3rd and the Committee will be discussing a transportation study, the New York State Department of Transportation relocation, and resolutions. Next month's meeting will be on September 7. Report and Presentation of Resolution(s) from the Budget and Capital 236 August 2, 2005 Mr. Booth, Vice Chair, said at the Committee's last meeting Mr. Whicher provided a report of preliminary budget estimates for review; he is working on the basis of assuming there will be a $700,000 - $1,000,000 shortfall to reach a zero percent tax levy increase as directed by the Legislature. Mr. Booth noted Legislators received an excellent report of fiscal targets from Administration. RESOLUTION NO. 140 - AUTHORIZING SALARY INCREASES FOR POSITIONS WITH SALARIES SPECIFICALLY AUTHORIZED BY BOARD RESOLUTION TO BE ABOVE THE SALARY RANGE (Resolution Postponed to August 16, 2005 and Adopted) It was MOVED by Ms. Robertson, seconded by Mrs. McBean-Clairborne. It was MOVED by Ms. Robertson, seconded by Mr. Penniman, to offer the following amendment: "... RESOLVED, further, That salary increases in 2005 for these positions will not be less than $500 or more than $2,000." A voice vote resulted as follows: Ayes - 10; Noes - 2 (Legislators Herrera and Joseph); Excused - 3 (Legislators Koplinka-Loehr, Schuler, and Winch). AMENDMENT CARRIED. Mr. Booth stated he will vote against the increase as he has with other resolutions; he does not believe the County can afford the cost. Mr. Whicher respectfully asked for a postponement to allow Mental Health Commissioner DeLuca the opportunity to speak to the employees affected by the amendments. He said Mr. DeLuca has concerns if the resolution were modified. Mr. Whicher noted the Psychiatrist and Medical Director positions would be affected by the increase, they presently are in the $135,000-$150,000 range if it were a forty -hour position. The County Attorney position would not be affected by the amendment. It was MOVED by Mr. Booth, seconded by Mrs. McBean-Clairborne, to postpone action on this item until the next Legislature meeting on August 16, 2005. A voice vote resulted as follows: Ayes - 10; Noes - 2 (Legislators Kiefer and Totman); Excused - 3 (Legislators Koplinka-Loehr, Schuler, and Winch). RESOLUTION POSTPONED. Ms. Kiefer stated she believed it could have been acted upon and reconsidered if necessary. WHEREAS, the salaries for employees in the following titles were previously established annually by separate resolution of the Legislature: Psychiatrists Medical Director County Attorney WHEREAS, the system utilized by Tompkins County to assign salaries to positions is not designed to address specific professional positions whose market -rate salaries are higher than our job descriptions justify, and WHEREAS, incumbents in these titles were placed at a rate above the salary schedule by previous resolution of the Legislature, and WHEREAS, salary increases for incumbents in these titles could be based on the annual increases provided to other managers, now therefore be it RESOLVED, on recommendation of the Budget and Capital Committee, That base salaries for all incumbents in the titles mentioned above shall be their 2004 rates, RESOLVED, further, That effective January 1, 2005, ernployees in these titles shall receive the same increases and benefit changes that all management staff have received for 2005 as outlined in Resolution No. 91 of May 17, 2005, RESOLVED, further, That salary increases in 2005 for these positions will not be less than $500 or more than $2,000, RESOLVED, further, That the Budget and Capital Committee will recommend to the Legislature an approach to address a process for future increases by separate resolution, 237 August 2, 2005 RESOLVED, further, That effective immediately, whenever there is a vacancy in one of these titles, a base salary will be set for the newly hired incumbent on an individual basis by a resolution of the Legislature. SEQR ACTION: TYPE 11-20 Report from the Public Safety Committee Mrs. McBean-Clairborne, Chair, said the Committee has not met since the last Legislature meeting; the next meeting is August 4th at 2:00 p.m. At that meeting, there will be an opportunity to discuss budget impacts as well as the discussion of emergency response subscriber equipment and the relocation of a tower. Report from the Workforce Diversity and Inclusion Committee Mrs. McBean-Clairborne, Chair, said the Committee met on July 20th when a presentation was made by Steve Estes on Civil Service rules and procedures. He offered suggestions on how to receive the maximum benefit from various forms of recruitment, preparation for testing, etc., to obtain a large pool of diverse candidates. The Committee will meet again on the fourth Wednesday of the month. Report and Presentation of Resolution(s) from the Facilities and Infrastructure Committee Mr. Penniman, Chair, said the Committee met last week on July 26th, when information related to staff training was provided as well as information on design work for various Highway Department projects. The next meeting will include information on the design work for the Coddington Road project, budget reviews, the recycling program, and cost -benefit for commodity recycling. Mr. Proto expressed an interest in receiving detailed information on the recycling operation. Adjournment The meeting adjourned at 8:22 p.m. 238 August 16. 2005 Regular Meeting Called to Order Mr. Joseph called the meeting to order at 5:34 p.m. Pledge of Allegiance to the Flag and Roll Call of Members Members and guests participated in the Pledge of Allegiance to the Flag. Present: 14 Legislators. Excused: 1 (Legislator Koplinka-Loehr); Ms. Blanchard was excused at 7:41 p.m. Presentation of Proclamation(s) Chair Joseph presented a proclamation declaring the month of August 16 thru September 15 to be Grandparent Caregiver Recognition Month. Privilege of the Floor by the Public Jim Dennis, Trumansburg resident and Legislature candidate, applauded the Legislature for the intermunicipal cooperation that has taken place surrounding the proposed communications tower to be built in the Village of Lansing. He said as a former City government representative, he can remember times when there was little cooperation and said he is really pleased and appreciative of the cooperation now taking place. Presentation of Distinguished Youth Award Mr. Lane, District No. 14 Legislator, presented the Distinguished Youth Award to Luca Cerretani of Dryden Central School. Mr. Lane read a letter of recommendation from Mary Ellen Bosick, Village of Dryden Trustee and a counselor at Dryden Central School, in which she enthusiastically recommends Luca, a 2005 Graduate, for the Award. Her letter explains Luca's qualities and notes that he takes on challenges despite the level of commitment or degree of need to assist others both within and outside the classroom. Privilege of the Floor by Legislators Ms. Kiefer, District No. 10 Legislator and Liaison to the Cornell Community Veterinary College Incinerator Replacement Group, reported on the status of the schedule for replacing that incinerator. The Consultant being used is Malcolm Pirnie and the final design review will be done by the end of the summer; bidding and hiring of the contractor will take place in the fall with construction -related work beginning during the winter. Phase 1, which is construction of the building expansion and installation of the alkaline hydrolysis unit should be complete by the end of 2006. Phase 11, removal of the incinerator, and installation of the internal steam sterilization unit in its place will commence following that. The entire project should be complete by 2007. Ms. Robertson, District No. 13 Legislator, said 20 percent of all residents of Tompkins County access food from food pantries. She announced the United Way will be holding a "Souper Day", which is a food collection day that will take place at the large pavilion in Stewart Park on September 15 from 8 a.m. to 4 p.m. Donations of non-perishable food items and personal -care items will be accepted. 239 August 16, 2005 Ms. Schuler, District No. 4 Legislator, complimented Cooperative Extension and Tompkins Community Action on their annual reports. She noted the Tompkins Community Action report contains a map that displays where all of the service areas are in the County. She announced two public hearings on the subject of open burning will take place on September 7th at 7 p.m. at the Lansing Town Hall, and at the Danby Town Hall on September 19th'. Mrs. Schuler also urged everyone to try to see Robert Deluca perform in the production of Richard III. Mr. Proto, District No. 7 Legislator, reported on the successful Annual Farm City Day that was held at the Marquis Farm. Report from Municipal Official Maria Coles, City of Ithaca Common Council Member, presented the Legislature with an update on three activities: Green Street parking garage, Southwest City development, and the Water Treatment Plant. She reported Common Council took a vote and passed a move towards a large demolition and rebuild of the Green Street parking garage, which will have two levels of parking. This will make room for the Cayuga Green project next to the Library to proceed. That project will have movie theatres and will have two floors of office space, three floors of condominiums, retail space, and an outdoor amphitheatre. In addition, the project will have a walkway that will end at the Commons and will go across to the new parking garage and will connect to the new walkway at Six Mile Creek. She also updated the Legislature on the status of Southwest development. She distributed copies of an area map and said the client committee is close to finalizing a draft vision statement. Ms. Coles spoke to questions that were raised by this Legislature in the past pertaining to housing demands. She said the Ithaca Board of Realtors has found that the median cost of a single-family home in the City of Ithaca has gone from $99,000 in 1999 to $174,000 in 2004. An analysis done in 2005 of the Ithaca housing market completed with guidance from HUD (Housing and Urban Development) concluded that there is a very strong demand for housing in all of Tompkins County. She said the County's Comprehensive Plan also made a strong case for housing inside the City to reduce the dependency on cars. The Density study being worked on by the City covers questions of density and there is a lot of forward -thinking taking place. Ms. Coles also reported on the Water Treatment Plan and said discussions are taking place on whether to become a client of Bolton Point or to work on rebuilding the current site. Following the presentation by Ms. Coles, Legislators briefly asked questions. Ms. Robertson said the Health and Human Services Committee is actively looking into the affordable housing situation in Tompkins County. Mr. Booth said he supports the location planned for housing. With regard to reservoir, he hopes the City will consider the possibility of both interconnections with Bolton Point and building a new City plant. He thinks it would not be in the best interest of the residents of Tompkins County if the City were to give up plans to build a new plant. Ms. Coles said it is her understanding that the main that would have to be built to connect the City with Bolton Point is the single -most expensive project and is not sure the City could do both. He also commented that publicly supplied water is extremely inexpensive in this country compared to other communities. At the request of Ms. Blanchard, Ms. ColeS said she will be bring up the subject of dredging Cayuga Inlet at the City's Board of Public Works tomorrow. Ms. Blanchard said this issue was one of the principal findings of the Waterfront Plan and the Local Waterfront Revitalization Program and is extremely important. 240 August 16, 2005 Ms. Herrera said she is concerned about the Density Policy and what the long-term intended or non -intended ramifications will be. She said there is concern about the notion of granting tax abatements when many of the local residents are having trouble meeting the cost of living. Mrs. McBean-Clairborne expressed concern for housing and said she hopes discussions are taking place with regard to flood mitigation in the area proposed for new housing. Ms. Coles clarified that the housing being considered for the Southwest area is for all -types of affordable housing and a considerable amount of thinking with regard to engineering will take place. Mr. Proto asked that the City continue to consider the concerns that exist with regard to the tax exemptions, particularly in cases where abatements are given. With regard to preserving water flow to the reservoir, he represents Six Mile Creek which is a major source of the water to the City and suggested the City consider some monetary remuneration to those landowners upstream who keep creek areas dean. Mr. Todd said one of the reasons there are so many commuters into Tompkins County for employment is because of the cost of housing. He also commented that due to the drought, Salmon Creek is at the lowest level he can recall that it has ever been. Mr. Lane spoke as Chair of the Industrial Development Agency (IDA), and stated tax abatements are being offered at the request of municipalities and recommended that they relay any concerns they may have to the IDA. Ms. Kiefer said she is excited to hear where Southwest Development is so far and stated the vision statement seems amazing and very positive. With regard to the water treatment plant, she strongly supports the City keeping its own water treatment plant for the reasons mentioned and feels residents would be much better served by having two developed sources of water in case there is trouble with one. RESOLUTION NO. 140 - AUTHORIZING SALARY INCREASES FOR POSITIONS WITH SALARIES SPECIFICALLY AUTHORIZED BY BOARD RESOLUTION TO BE ABOVE THE SALARY RANGE It was MOVED by Mrs. McBean-Clairborne, seconded by Mr. Penniman, and unanimously adopted by voice vote by members present, to lift Resolution No. 140 entitled Authorizing Salary Increases for Positions with Salaries Specifically Authorized by Board Resolution to be Above the Salary Range from the Table. Ms. Kiefer referred to correspondence she received and said she was pleased to see the positive view Mr. Deluca has of the employees affected by this resolution. She said she was surprised by the fact that the Mental Health Budget salaries seem to be subsidizing fringe rates from other parts of the County. Mr. Deluca said he was trying to present some of the global issues over a long-term period in his correspondence. As the steward of the system, he is looking at stability of staff with no turnover of these important positions. By having these positions full-time in this way the Department is able to perform all of the legal work it is required to do for the mental health system without having to look for doctors. He said the individuals affected are currently in the Management/Confidential group and he would like this resolved for the current year. He said the productivity of the individuals involved is extraordinary. With regard to the Fringe rate there is money going into the system at a much higher amount because higher paid salaries contribute higher fringe payments. 241 August 16, 2005 Ms. Robertson said in Mr. Deluca's letter it is stated that Fringe Rate is paid mostly by reimbursements and fees and not local tax dollars. Mr. Deluca said he feels it is important at the present time to integrate those positions into the County's system. It was MOVED by Ms. Kiefer to include the current dollar amount of salaries for these positions in the resolution as has been done in the past. MOTION FAILED DUE TO LACK OF A SECOND. It was MOVED by Ms. Robertson to increase the cap to $4,000. MOTION FAILED DUE TO LACK OF A SECOND. Mr. Booth said he has voted against all resolutions providing increases in salaries because he feels the percentage increases being granted are higher than what the County can sustain. Ms. Herrera said her no vote has nothing to do with the personal assessment of the individuals involved in the resolution; it is based on a reaction to the increased costs of gas and other necessary items and feels the impact on a salary such as $20,000 would be much more dramatic than on positions at these high salary levels. It was MOVED by Ms. Kiefer, seconded by Ms. Robertson, to raise the cap on the increase to $2,500. A voice vote on the motion resulted as follows: Ayes — 4 (Legislators Kiefer, Proto, Robertson, and Schuler); Noes — 10; Excused — 1 (Legislator Koplinka-Loehr). MOTION FAILED. Mr. Joseph said he will not support the resolution because he does not support the third Resolved and feels the resolution should not establish floors and caps, but only percentages. It was MOVED by Mr. Proto, seconded by Ms. Robertson, to remove the third Resolved. A voice vote on the amendment resulted as follows: Ayes — 4 (Legislators Joseph, Proto, Robertson, and Winch); Noes — 10; Excused — 1 (Legislator Koplinka-Loehr). MOTION FAILED. A short roll call vote on the original resolution resulted as follows: Ayes — 9 (Legislators Blanchard, Kiefer, Lane, McBean-Clairborne, Penniman, Proto, Robertson, Schuler, and Winch); Noes — 5 (Legislators Booth, Herrera, Joseph, Todd, and Totman); Excused — 1 (Legislator Koplinka-Loehr). RESOLUTION ADOPTED. WHEREAS, the salaries for employees in the following titles were previously established annually by separate resolution of the Legislature: Psychiatrists Medical Director County Attorney WHEREAS, the system utilized by Tompkins County to assign salaries to positions is unable to adequately address the unique salary requirements of these highly specialized professional positions, and WHEREAS, incumbents in these titles were placed at a rate above the salary schedule by previous resolution of the Legislature, and WHEREAS, salary increases for incumbents in these titles should be the same as the annual increases provided to other managers, now therefore be it RESOLVED, on recommendation of the Budget and Capital Committee, That Resolution No. 118 of 2002 is hereby abolished effective immediately, RESOLVED, further, That base salaries for all incumbents in the titles mentioned above shall be their 2004 rates, RESOLVED, further, That salary increase in 2005 for these positions will not be less than $500 or more than $2,000, 242 August 16, 2005 RESOLVED, further, That effective January 1, 2005, and in future years, employees in these titles will receive the same scheduled salary increases and benefit changes that all management staff have received (in May 2005), or will receive without the need for individual resolution, RESOLVED, further, That effective immediately, whenever there is a vacancy in one of these titles, a base salary will be set for the newly hired incumbent on an individual basis by a resolution of the Legislature. SEQR ACTION: TYPE 11-20 Report and Presentation of Resolution(s) from the Space Needs and Location Committee Mr. Proto, Chairman, reported the Committee met on August 10 and reviewed the questions that came up at the August 2nd presentation to this Legislature. He said all Legislators should have received answers to those questions in writing. Mr. Proto thanked members of the Committee, Arel LeMaro, Facilities Division Manager, and Crystal Buck of the Planning Department, for their hard work on the Report. He announced the Committee will no longer be meeting and its work will be carried forward by the Facilities and Infrastructure Committee. RESOLUTION NO. 145 - ACCEPTANCE OF THE SPACE USE MASTER PLAN 2005 MOVED by Mr. Proto, seconded by Ms. Kiefer. It was MOVED by Mr. Totman, seconded by Mrs. McBean-Clairborne, to amend the word "adopt" to ``acceptance" in the title and first Resolved. Mr. Penniman said he supports the proposed amendment and could vote in support the resolution if the amendment is adopted. Ms. Kiefer said it is completely up to the Legislature how to make use of the Plan and she doesn't see any difference between adopting the report or accepting the report in terms of how it will be used. Ms. Kiefer said she does not believe that this report recommends building three buildings in three to five years. She believes the way this was reported in the Ithaca Journal has negatively impacted the way people are viewing this. Mr. Todd said this involves very long-range plans and feels the incoming Legislature should make a decision on this. Mr. Lane said he has reservations about this report and asked for clarification about what is being done by this amendment. Mr. Joseph said when a report is adopted a statement is made that its contents are agreed with and there is a plan to move forward to implement its recommendations. He said when a report is accepted, its preparers are being thanked and their work and the report is acknowledged. Mr. Winch, Member of the Space Needs and Location Committee, said he is disappointed in the proposed amendment. He said intentionally there was a lot of leeway in the report so that there could be some movement for changes in the future. The report was written as a roadmap for the future and a lot of time was spent explaining the ramifications of not doing anything and what the cost of utilities would be if nothing was done but remodel the existing structures. Ms. Robertson said she values and respects the work that has been done as well as the contents of the report. She said whether the Legislature accepts or adopts the report will not make any practical difference, as action would need to be taken to include any items in the budget process. She expressed concern over the perception of the word adopt and will vote in support of the amendment. 243 August 16, 2005 Mr. Booth said the report has moved the County a long way in terms of analysis and exploring what the alternatives are and said he feels it makes sense to accept the report at this time. Mr. Penniman said he does not see a big difference between the words accept and adopt. He appreciates the work that went into this and the fact -based approach the report takes towards decision- making. As Chair of the Facilities and Infrastructure Committee, he welcomes working on this in that Committee. He stated he was astounded by the proposed increase in space for the Legislature Chambers and for staff and needs to understand that finding better. Mr. Totman said there is a big difference in accepting and voting for the plan. Although he appreciates the work of the members of the Committee he feels adopting a plan ties the Legislature into spending money. Mrs. McBean-Clairborne said supports accepting the plan at this time and she hopes the County Administrator will be using this as a tool as he works on a 20 -year Capital Plan. Mr. Proto said any decision made here this evening will simply set the stage for the capital program discussions that will take place. He said he sat through many years of committee meetings that have reviewed space needs. This Committee has brought a report forward that prompts thinking. He said it cannot be denied that something needs to be done about the County space and he is glad that is being acknowledged. A voice vote on the amendment resulted as follows: Ayes — 11; Noes — 3 (Legislators Kiefer, Schuler, and Winch); Excused — 1 (Legislator Koplinka-Loehr). MOTION CARRIED. Ms. Herrera said a lot of credit should be given to Mr. Proto for handling a very difficult task. She thinks the report is very well done and contains a lot of useful information. Mrs. McBean-Clairborne acknowledged the improvements that need to be done in County space and said the lack of space for the public in the Legislature Chambers is as an example. Mr. Winch said he will vote in favor of this although he is very disappointed. He said Mr. Proto has done an excellent job running meetings and updating members. All Legislators were welcome to attend these meetings; however, he feels attendance by Legislators was poor, which he feels attributes a lack of communication amongst legislators. Mr. Lane said he is troubled by the proposed location for the Health Department in the future and feels it should be more central to County residents. He said he doesn't mean disrespect to any of the Committee members, but feels strongly that County facilities should be in a central location. He also said he hopes the 2006 budget will not contain any mention of these projects, including as placeholders. He hopes in the future these kinds of things can be looked at but feels this is not the right time. Ms. Kiefer said she shares Mr. Lane's concerns about location of the Health Department and asked if, once we vote on this, will the hypothetical sites used for analysis become public. Mr. Wood advised that if the report is adopted documents would no longer be confidential, but if accepted, those documents would remain confidential. Mr. Proto said when he and Mr. Winch first came on this Legislature they inherited the decision that was made by a prior board to move the Public Safety Building to Warren Road. Some here have dealt with the construction of the Human Services Building, and some supported demolition of the Woolworth's site for the Public Library, and now current Legislators are having to live with the consequences of those decisions. He said all Legislators have a responsibility to complete this year and 244 August 16, 2005 all new Legislators will have to deal with the decisions made by previous legislators. Mr. Proto said the Committee worked for the best interest of the County and tried to keep politics out of the process to bring forward a map that projects space needs for the next ten years. Mr. Marx said in terms of space, basically they looked at, reviewed, and the County Legislature adopted a policy of standards by which space for all County offices would be judged, assessed and complied with. Those standards were conservative in terms of providing minimal but adequate space. With respect to the Legislature Chambers the Committee looked at needs of staff, the chair, and included space for Legislators to have shared office space. He stated the only thing that really changed was that adequate space was provided for the public. That is something he feels does not currently exist and said the proposed space would probably be used for many other purposes as public meeting space is scarce and hard to come by in this community. Mr. Tunney addressed issues at the Health Department and said currently his staff is dealing with moisture problems with eight to ten dehumidifiers presently operating. Most of the problems are because of the age of the equipment and the building's mechanical systems. He said last year the chiller was changed to provide air conditioning and now they are looking at changing the control valves. He hopes that while work is being done, workers will not be displaced as much of the work can be done on weekends and evenings. A voice vote on the resolution as amended resulted as follows: Ayes- 13, Noes — 1 (Legislator Lane), Excused — 1 (Legislator Koplinka-Loehr). RESOLUTIC►N ADOPTED. WHEREAS, the Tompkins County Space Use Master Plan 2005 is the result of more than two years of intensive study by the Space Needs and Location Committee, which built on five years of work by predecessor committees, and WHEREAS, there are significant existing and predictable space shortages for many County departments located in the downtown office complex, and WHEREAS, Biggs B is in need of major renovations, and WHEREAS, the Old Library is costly to maintain, lacks energy efficient features, is in need of repair, and is currently underutilized, and WHEREAS, a new building on the Old Library site could be designed to provide for a Center of Government and be more consistent with the character of the Dewitt Park Historic District, and WHEREAS, providing adequate and appropriate space is critical for effective delivery of government services, and WHEREAS, a long-term office space plan will facilitate cost-effective decisions regarding repair and maintenance of County -owned buildings, and WHEREAS, the Tompkins County Space Use Master Plan 2005 identifies a preferred strategy as well as alternatives for providing adequate space for Tompkins County departments excluding Public Works and Public Safety, now therefore be it RESOLVED, on recommendation of the Space Needs and Location Committee, That the Tompkins County Space Use Master Plan 2005 is accepted, and intended to be used as a guide for short - and long-term County building maintenance and office space decisions, RESOLVED, further, That addressing the space needs of the Tompkins County Health Department is a priority, as outlined in the Tompkins County Space Use Master Plan 2005, RESOLVED, further, That the actual project development and timing of the proposed projects will need to be weighed against other budget needs, and will be determined through the normal budget and capital program decision making processes, RESOLVED, further, That the Facilities and Infrastructure Committee is hereby given responsibility for any future work on the Plan, RESOLVED, further, That the Plan can be amended from time to time and that the Plan shall be reviewed, at a minimum, every five years. 245 August 16, 2005 SEQR ACTION: TYPE 11-20 Report from the Chair Mr. Joseph reported he received a notice from the State about exempting residential solar energy equipment from sales tax. The State is now allowing a local option to have an exemption on sales tax for solar energy systems and if Tompkins County would like to do that a request has to be made to exercise that option today. The deadline is today due to a required 90 -day waiting period if this Legislature chooses to adopt this option and have it become effective on December 2°d. However, Mr. Joseph said a waiver to reduce the 90 -day waiting period could be requested which he feels would likely be granted for a 60 -day period. The Legislature did not express interest in acting on this item at this time; Mr. Joseph referred this to the Budget and Capital Committee. Report from the County Administrator Mr. Whicher reported the budget process is moving forward. He requested an executive discussion to discuss collective bargaining. Report from the County Attorney Mr. Wood reported an Assistant County Attorney has been hired. The individual has extensive experience with county government and will begin employment after Labor Day. Report from the Finance Director Mr. Squires had no report. Addition of Resolution(s) to the Agenda On motion and duly seconded and unanimously adopted by voice vote by members present, the following resolution(s) was added to the agenda: - Correction of Taxes — Tompkins County, Town of Dryden and Dryden School District - 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, 2007 Withdrawal of Resolution(s) from the Agenda There were no resolution(s) withdrawn from the agenda at this time. The resolution entitled Adoption of Bylaws — Emergency Communications Review and Oversight Committee was withdrawn following the Public Safety Committee report later in the meeting. Approval of Resolution(s) Under the Consent Agenda It was MOVED by Mr. Booth, seconded by Mr. Penniman, and unanimously adopted by members present, to approve the following resolution(s) under the Consent Agenda: 246 August 16, 2005 RESOLUTION NO. 146 - AUTHORIZATION TO ACCEPT FUNDING FOR THE NEW YORK STATE LONG TERM CARE INSURANCE EDUCATION AND OUTREACH PROGRAM (LTCIEOP) - OFFICE FOR THE AGING MOVED by Mr. Booth, seconded by Mr. Penniman, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the Tompkins County Office for the Aging (COFA) has been awarded a grant through the New York State Office for the Aging (NYSOFA) to inform and educate the public about long term care, including the policies available through the New York State Partnership for Long Term Care and to establish a Long Term Care Resource Center to accomplish these objectives, and WHEREAS, informing and educating the public about health insurance options is in accordance with COFA's mission, and WHEREAS, the period of funding shall be from April 1, 2005 - March 31, 2006, now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, That the NYSOFA grant in the amount of $50,000 is hereby accepted, RESOLVED, further, That the Finance Director is authorized to make the following adjustments to his books: REVENUE: A6790.43803 State Revenue $50,000 APPROPRIATION: A6790.51000559 Salary $19,412 A6790.58800 Fringes 7,571 A6790.52210 Office Equipment 455 A6790.54303 Supplies 500 A6790.54330 Printing 1,500 A6790.54414 Local Mileage 200 A6790.54412 Travel/Training 500 A6790.54400 Program Expense 250 A6790.54491 Subcontract 19,612 SEQR ACTION: TYPE 11-20 RESOLUTION NO. 147 - INCREASE IN HOURS — PRINCIPAL ACCOUNT CLERK TYPIST - MENTAL HEALTH MOVED by Mr. Booth, seconded by Mr. Penniman, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the Principal Account Clerk Typist is required for billing of multiple private insurance companies, assisting in negotiating rates with those companies, accepting client fees and other billing functions for the Mental Health Department, and WHEREAS, private pay insurance payments to the Tompkins County Mental Health Clinic has increased one hundred percent from 1998-2004, and WHEREAS, the duties and responsibilities of the Principal Account Clerk Typist position are such that they can only be efficiently accomplished in a forty -hour workweek because of additional duties regarding electronic billing and electronic records that are now necessary, and WHEREAS, this increase in hours will enable us to delay hiring or leave vacant a full time position depending upon future needs regarding the transition to electronic records, now therefore be it RESOLVED, on recommendation of the Health and Human Services and Budget and Capital Committees, That one position of Principal Account Clerk Typist (11-673) competitive class be hereby increased from 35 to 40 hours per week effective immediately. 247 August 16, 2005 RESOLVED, further, That no additional County funding is necessary as the position is funded by State aid and reimbursements. SEQR ACTION: TYPE 11-20 RESOLUTION NO. 148 - AUTHORIZING 2005 FEDERAL SECTION 5307 GRANT - TOMPKINS CONSOLIDATED AREA TRANSIT (TCAT) MOVED by Mr. Booth, seconded by Mr. Penniman, and unanimously adopted by voice vote by members present 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 Federal Transit Administration (FTA) 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 desires to submit a request for a grant of funds to the Federal Transit Administration, in the amount of $677,747 to be used for operating assistance and capital projects for 2005 as approved by the Ithaca -Tompkins County Transportation Council and are included on the 2004-2006 Transportation Improvement Program as amended and listed as follows: Project FTA 5309 Funding NYSDOT TCAT TOTAL Preventive Maintenance $504,000 $63,000 $63,000 $630,000 Misc. Equipment $8,027 1,003 1,003 10,034 Passenger Signs $4,000 500 500 5,000 Bicycle Storage/Racks $5,920 740 740 7,400 Security Equipment $1,600 200 200 2,000 Project Administration $30,400 3,800 3,800 38,000 Shelter Graphics/Signs $3,200 400 400 4,000 Shop Equipment $2,400 300 300 3,000 Short Term Transit Planning $8,000 1,000 1,000 10,000 Capital and Planning Subtotal $567,547 $70,943 $70,943 $709,434 Operating Assistance 110,200 $2,433,708 $5,366,843 $7,910,751 Total 677,747 $2,504,651 $5,437,786 $8,620,185 , 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 2005 Section 5307 Grant, SEQR ACTION: TYPE 11-20 RESOLUTION NO. 149 - AUTHORIZATION TO ACCEPT A GRANT FROM THE NEW YORK STATE ARCHIVES - COUNTY CLERK 248 August 16, 2005 MOVED by Mr. Booth, seconded by Mr. Penniman, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the County Clerk's Office has been notified of a grant award from the New York State Archives in the amount of $48,865, and WHEREAS, the New York State Archives grant represents a project for the County Clerk's Office to back file land records into their Electronic Document Management System, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the County Administrator or his designee be authorized to execute all contracts related to this award, RESOLVED, further, That the Director of Finance is authorized and directed to make the following budget adjustment: REVENUE: A1410.43089 Other State Aid $48,865 APPROPRIATION: A1410.54442 Professional Services $48,865 SEQR ACTION: TYPE II -20 RESOLUTION NO. 150 - AUTHORIZATION TO ACCEPT A GRANT FROM THE NEW YORK STATE ARCHIVES - BOARD OF ELECTIONS MOVED by Mr. Booth, seconded by Mr. Penniman, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the Tompkins County Board of Elections Office has been notified of a grant award from the New York State Archives in the amount of $74,370, and WHEREAS, the New York State Archives grant represents a project for the Board of Elections to upgrade its current voter file software to include full document imaging and to create an ongoing program of transferring these images to microfilm, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the County Administrator or his designee be authorized to execute all contracts related to this award, RESOLVED, further, That the Director of Finance is authorized and directed to make the following budget adjustment: REVENUE: 1450.43089 Other State Aid $74,370 APPROPRIATION: 1450.52230 Computer Software $41,963 1450.52206 Computer Equipment 2,907 1450.54424 Service Contracts 6,500 1450.51000049 Project Assistant 20,909 1450.58800 Fringes 2,091 SEQR ACTION: TYPE 1I-20 RESOLUTION NO. 151 - BUDGET ADJUSTMENT — VARIOUS DEPARTMENTS MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice vote by members present under the Consent Agenda. RESOLVED, on recommendation of the Public Safety Committee, That the Director of Finance be directed to make the following budget adjustment on his books: Emergency Response Revenue Acct Title Amt Approp Acct Title(s) 4189.43401 Public Health $ 9,534 3410.41140 911 Surcharge 4189.54306 Auto Supply 900 3410.54306 Auto Supply 4189.54412 Travel/Training 1,500 3410.54412 Travel/Training 249 4189.54421 4189.54432 4189.54452 4189.54471 4189.54472 Auto Maintenance Rent Postage Electric Telephone 1,600 3,960 2,520 5,100 16,200 August 16, 2005 3410.54421 3410.54432 3410.54452 3410.54471 3410.54472 Auto Maintenance Rent Postage Electric Telephone Note: These amounts need to be transferred from Public Health - EMS Program (4189) to EMS Response Program (3410) as these expenses and resulting revenues are no longer covered by Public Health reimbursements and expenses cannot be drawn against these Public Health lines. Revenue loss will be offset by 911 surcharges for the net difference to the Department fiscal target of $0. As this transfer is between accounts and programs, it has to be acted upon as an adjustment. District Attorney Revenue Acct Title Amt Approp Acct Titles) 1165.42625 District Attorney $17,000 1165.52206 Computer Equipment State Forfeiture Note: Replacement of office computers. SEQR ACTION: TYPE 11-20 RESOLUTION NO. 152 - AWARD OF BID — CR105, McLEAN-CORTLAND ROAD PHASE 2 RECONSTRUCTION, TOWN OF GROTON MOVED by Mr. Booth, seconded by Mr. Penniman, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, Resolution No. 33 of 2002 authorized an agreement with the State of New York whereby State and Federal sources furnished 95 percent of the funding necessary to design reconstruction of County Road 105 from the Dryden -Groton town line to the Cortland County line, including replacement of the bridge carrying County Road 105 over Fall Creek (BIN 3314250), and WHEREAS, the Department of Finance - Division of Purchasing has duly advertised for bids for the project, and WHEREAS, two (2) bids were received and publicly opened on June 28, 2005, and WHEREAS, the bids for reconstruction of the road without the bridge were within the project budget, but bids for reconstruction with the bridge exceeded the budget, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the bid be awarded to Suit-Kote Corporation of Cortland, New York, lowest, responsible bidder for the Base Bid, in the amount of $2,016,992.20, pending approval 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 (HZ 5103.59239.53.02). SEQR ACTION: TYPE II- 2 RESOLUTION NO. 153 — CORRECTION OF TAXES — TOMPKINS COUNTY, TOWN OF DRYDEN AND DRYDEN SCHOOL DISTRICT (42.-1-23) MOVED by Mr. Booth, seconded by Mr. Penniman, and unanimously adopted by voice vote by members present under the Consent Agenda. 250 August 16, 2005 WHEREAS, this Board is informed that a Court Ordered Settlement was made for parcel 42.-1- 23, assessed to Hanshaw Village MHP LLC, in the Town of Dryden, for the 2003 Assessment Roll Year, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the County of Tompkins, Town of Dryden, and Dryden Central School District correct the 2003-2004 tax roll, RESOLVED, further, That the amount of $15,985.10 for the 2003 School Tax bill be refunded to Hanshaw Village MHP LLC by the Dryden Central School District, RESOLVED, further, That the amounts of $5,843.38 and $2,531.52 for the 2004 Town and County tax bill be refunded to Hanshaw Village MHP LLC by the County of Tompkins, RESOLVED, further, That the amount of $2,531.52 be charged back to the Town of Dryden. SEQR ACTION: TYPE II -20 Approval of Appointment(s) Under the Consent Agenda There were no appointments made. Report from the Health and Human Services Committee Ms. Robertson, Chair, reported the Committee met on September 3rd and again today. She reported there is good news as the State has voted on the EISEP program and money will be infused into that program this year and next year. The Committee discussed the Over Target Request from Foodnet and asked Steve Griffin, Foodnet Director, to look at alternative ways to meet the increased need. Ms. Robertson referred to the resolution authorizing an increase in hours in the Mental Health Department that was approved under the Consent Agenda and noted that the position is funded by State and Federal aid. The Committee heard a report from Youth Services about the need for youth services as the DSS monthly reports show that all the mandated programs seem to be under budget except those for the younger population; those services are running higher than budgeted. She said there is a real need and this is something this Legislature needs to pay attention to. Ms. Robertson reported the Committee heard from the Department of Social Services and the Health Department on current -year expenditures; DSS statistics are showing that mandates for half of the year came to 46 percent of the full -year's budget. Every month the Committee receives these statistics and she will be supplying all Legislators with that material as well. Ms. Robertson reported a Committee meeting was held today to finish business from the previous meeting. Following that meeting the Committee met jointly with the Public Safety Committee to discuss discharge planning for people once they are released from jail into the community. They heard that a lot of cooperation is taking place amongst many agencies. Bill Rusen of Cayuga Addiction Recovery Services said they deal with a great number of counties and stated Tompkins County is by far the easiest to work with and has the most streamlined processes in place. It was a good discussion that led to important questions that will continue to be explored as well as the overall issue of affordable housing in Tompkins County. The next meeting will be September 7th. Recess Ms. Blanchard was excused at 7:40 p.m. Mr. Joseph declared recess from 7:40 p.m. to 7:51 p.m. Report from the Air Service Committee 251 August 16, 2005 There was no report from this Committee. Report and Presentation of Resolution(s) from the Planning, Development and Environmental Quality Committee Ms. Herrera, Chair, reported the Committee met on August 3 and received a report from the Planning Department. She reported the Planning Department is in the process of examining the Cornell University Public Process and Law in other communities. Ms. Herrera said the subject of open burning has been a very big and important issue this year for the Environmental Management Council. The Board of Health will be holding public hearings September 7th and 18th on this issue. She reported the EMC (Environmental Management Council) has a new website that is up and running that has information on projects, resolutions, and minutes. She mentioned the EMC's green basket/bag project to reduce use of plastic and paper bags. The Committee received an update from the Rural Micro -Enterprise Pilot Program that began last fall in which $100,000 was set aside from the Economic Development Loan Fund for the purpose of helping out small businesses with five or fewer employees with job creation. At the meeting Kate Hackett of the Planning Department, reported on the Water Quality Strategy Report, which needs updating every two years. Ms. Herrera reported on the Transportation Study and stated Cornell, Town of Ithaca, and the Planning Department are working together. The West Hill Transportation Study addresses impacts on the Town of Ithaca for land -use issues and the City of Ithaca for traffic issues. She stated the County would probably not be issuing the request for proposals for this. The Committee followed-up on the memo that was distributed at last month's meeting by Mr. Marx in which he stated he is interested in creating a capital reserve fund for using Tompkins County Planning Department rollover and proceeds from the sale of County property that is in excess of the amount owed for back taxes. These reserve fund expenditures would be authorized by resolution. She said County partnership in this process can show the strength in regard to these lands. Ms. Herrera reminded Legislators that the New York State Department of Transportation Relocation Project does not look good. Although the DOT is interested in the move, it is not a priority for them. She said the option on property has expired and the Mayor and property owner have been informed by the DOT that they are not moving forward right now. She stated this is an important issue and Ms. Blanchard, Mr. Lane, and Mr. Marx will be meeting with Senator Seward about this. The Committee will meet on September 6th prior to the Legislature Meeting. RESOLUTION NO. 154 - MAKING A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE IN RELATION TO RESOLUTION NO. 155 OF 2005 (WATER QUALITY STRATEGY) MOVED by Ms. Herrera, seconded by Mr. Winch, and unanimously adopted by voice vote by members present. WHEREAS, in Resolution No. 155 of 2005 the County establishes the 2005 Tompkins County Water Quality Strategy as a guide for County program development and decision making in the area of water resources management, 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. 155 of 2005 is an unlisted action, RESOLVED, further, That the Legislature hereby makes a negative declaration of environmental significance in regard to Resolution No. 155 of 2005. SEQR ACTION: UNLISTED 252 August 16, 2005 (Negative Declaration and short EAF on file in Clerk's Office) RESOLUTION NO. 155 - ADOPTION OF THE 2005 WATER QUALITY STRATEGY MOVED by Ms. Herrera, seconded by Ms. Schuler. Mr. Proto asked if the adoption of this Plan commits this Legislature to anything. Mr. Joseph said this resolution does not bind this Legislature to anything, and said this is a declaration of intent to follow it. Ms. Kiefer said this is not a Plan, but a strategy and is not a commitment to spend any money. Mr. Marx clarified that the Strategy does include reference to projects the State is funding and that is the purpose of water quality strategies. The State wants communities to adopt a plan by which they will fund projects in that plan. He did not recommend including language in the resolution that would state the County does not intend to spend any money. A voice vote resulted as follows: Ayes - 13, Noes - 0, Excused - 2 (Legislators Blanchard and Koplinka-Loehr). RESOLUTION ADOPTED. WHEREAS, each County in New York State has been asked by the New York State Department of Environmental Conversation and the New York State Soil and Water Conservation Committee to develop, and update every two years, a Water Quality Strategy, and WHEREAS, in 2005 the Tompkins County Water Resources Council has updated the Tompkins County Water Quality Strategy originally drafted in 1992, and last updated in 2002, and WHEREAS, the 2005 Tompkins County Water Quality Strategy (WQS) recognizes the importance of other watershed management plans relevant to Tompkins County, such as the Cayuga Lake Watershed Intermunicipal Organization's Watershed Restoration and Protection Plan, the Upper Susquehanna Watershed Restoration and Protection Strategies, and the Owasco Lake Management Plan, and WHEREAS, the Water Quality Strategy integrates the relevant goals of these plans and of the Tompkins County Comprehensive Plan into the Water Quality Strategy, and WHEREAS, the Water Quality Strategy can be used by local, state, and federal governmental agencies to help understand and determine water resources management priorities in Tompkins County, and WHEREAS, the Tompkins County Water Resources Council distributed copies of the draft Water Quality Strategy and invited public review and comment on the updated Water Quality Strategy, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the 2005 Tompkins County Water Quality Strategy is adopted by the Tompkins County Legislature, RESOLVED, further, That the 2005 Tompkins County Water Quality Strategy is intended to be used to guide County program development and decision making in the area of water resources management, SEQR ACTION: TYPE — UNLISTED (Short EAF on file in Clerk's Office) RESOLUTION NO. 156 - APPROVE THE ISSUANCE BY THE TOMPKINS COUNTY INDUSTRIAL DEVELOPMENT AGENCY OF UP TO $50,000,000 CIVIC FACILITY REVENUE BONDS (ITHACA COLLEGE PROJECT), SERIES 2005 (RESCINDED BY RESOLUTION NO. 166 OF 2005) 253 August 16, 2005 MOVED by Ms. Herrera, seconded by Ms. Schuler. Ms. Kiefer expressed concern that this Legislature is adopting this prior to the Industrial Development Agency holding a public hearing. She said she will support this because she agrees that this is good for Tompkins County and brings money to the IDA in fees, but wished this could have waited until after a hearing had been held. Mrs. McBean- Clairborne agrees with Ms. Kiefer's comments. Ms. Herrera explained that the County has been called upon because it can act faster than the Dormitory Authority when there is a financial opportunity available. It is her understanding that this is an effort to cease that moment. Mr. Proto said it is his understanding that in the new Density Policy there is no longer a commitment to economic development with regard to job creation. Mr. Lane said there is absolutely a commitment to job creation with traditional projects. With respect to the City Density Policy which talks about commercial development in a limited geographic area in the City, the job creation is looked at but is not the total goal. The IDA has been requested by the three taxing authorities to grant abatements in that area to encourage development of various types of things, including commercial and residential activity. There have been several instances in the past when bonding has been provided to not-for-profit and educational institutions which gives them the opportunity to get lower interest rates than if they went to a bank. Mr. Proto said for several years Ithaca College has been asked to step up and make a direct financial contribution to the TCAT bus service. He stated he cannot support this because he thinks Tompkins County needs to get serious about tax exemptions in general. Mr. Lane said Ithaca College has an alternative and could go through the dormitory authority but the fees associated to this would go to the State of New York and not to Tompkins County Area Development (TCAD). Mr. Lane said the County's direct commitment to TCAD has been reduced to $10,000. He said most of what supports TCAD comes from fees and the County has no cost and no liability with this. A voice vote resulted as follows: Ayes — 12, Noes — 1 (Legislator Proto), Excused — 2 (Legislators Blanchard and Koplinka-Loehr). RESOLUTION ADOPTED. WHEREAS, the Tompkins County Planning, Development and Environmental Quality Committee (the "Committee"), has been advised by the Tompkins County Industrial Development Agency (the "Issuer") that, in order to assist in the refinancing of a certain Project (as defined below) for the benefit of Ithaca College, a not-for-profit corporation duly organized and validly existing under the laws of the State of New York (the "College") the Issuer proposes to issue its Civic Facility Revenue Bonds (Ithaca College Project), Series 2005, in an aggregate principal amount not to exceed $50,000,000 (the "Bonds"), and WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code") requires the approval by the Tompkins County Legislature (the "Legislature") prior to the issuance by the Issuer of the Bonds, and WHEREAS, the Committee desires to recommend to the Tompkins County Legislature that it give such approval in accordance with the Code, and WHEREAS, the project (the "Project") shall consist of: (A) (1) the advance refunding of a portion of the outstanding Dormitory Authority of the State of New York (the "Authority") Ithaca College Insured Revenue Bonds, Series 1998 issued in the original principal amount of $54,670,000 (the "1998 Bonds"), the proceeds of which portion of the 1998 Bonds were used to finance a certain project consisting of: (i) the construction, renovation, equipping and repair of certain buildings on the College's 750 -acre main campus on Route 96B in Ithaca, New York (the "Campus" 1 including Ford Hall, which houses the College's School of Music, Gannett Center, which houses the College's library, including window replacement and interior renovations, Dillingham Center, which houses the College's performing arts programs, including theater acoustical improvements and interior space reallocation, and the 254 August 16, 2005 expansion and resurfacing of two Campus parking lots (collectively, the "1998 Facility"), (ii) the purchase of a surety bond to fund a debt service reserve fund as security for the Series 1998 Bonds, and (iii) to pay certain costs of issuance of the Series 1998 Bonds, and (2) the advance refunding of a portion or all of the Authority's Ithaca College Insured Revenue Bonds, Series 1997, issued in the original principal amount of $42,645,000 (the "1997 Bonds"), the proceeds of which were used to finance a certain project consisting of (a) (i) the construction of an approximately 55,700 square foot addition to Ford Hall, including the construction of additional faculty offices and studios, a formal recital hall and labs for computers, instrument repair and electronic music; (ii) the renovation of a portion of the Terrace Residence Halls, including upgrades to provide for code compliance and greater accessibility for the physically disabled; (iii) the renovation of Smiddy Hall to provide additional facilities for the College's School of Health Services and Human Performance, including space for academic programs in physical therapy, occupational therapy, exercise and sport science, and health promotion and human movement; (iv) the construction of an approximately 40,000 square foot recreation and fitness center which will include facilities for recreational, fitness, intramural and other sports activities; (v) campus -wide renovations and infrastructure improvements including installation of mandated sprinklers in various residence halls, government -required replacement of certain chillers and the renovation of existing space (collectively, the "1997 Facility"); (b) the advance refunding of portions of the Authority's College University Variable/Fixed Rate Insured Revenue Bonds (1985 Pooled Capital Program), Series A and College and University Variable/Fixed Rate Insured Revenue Bonds (1985 Pooled Capital Program), Series B (collectively, the "Series 1985 Bonds") allocable to loans made by the Authority to the College, the proceeds of which loans were used to finance the construction of a facility to house the College's School of Communications, a student union, dormitory and general improvements to the College's physical plant (collectively the "1985 Facility") (the 1985 Facility, the 1997 Facility and the 1998 Facility being hereinafter collectively referred to as the "Facility"), (iv) the purchase of a surety bond issued to fund a debt service reserve fund as security for the Series 1997 Bonds, and (v) to pay certain costs of issuance of the Series 1997 Bonds; and (B) paying certain costs incidental to the issuance of the Bonds (the costs associated with (A) and (B) above hereinafter referred to as "Project Costs"), 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 certain costs incurred by the College in its undertaking of the Project, and (ii) pay reserves and costs incidental to the issuance of the Bonds, and WHEREAS, the Project involves a "Type II Action" as said term is defined 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 need be taken by the Issuer under 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 Tompkins County Legislature after a public hearing to consider both the issuance of the Bonds and the nature and location of the facilities financed therewith has been conducted following reasonable public notice, and WHEREAS, the Issuer will hold a public hearing upon proper notice in compliance with the Code, and WHEREAS, the Committee, after due consideration of the foregoing, desires to recommend to the Tompkins County Legislature that it 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 Tompkins County, New York, and neither the State nor any political subdivision thereof, including without limitation Tompkins County, New York, shall be liable thereon, now therefore be it RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee, That: Section 1. The Tompkins County Legislature, as the applicable elected representative of Tompkins County, New York, give its approval of the issuance of the Bonds in accordance with Section 147(f) of the Code. 255 August 16, 2005 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 Report and Presentation of Resolution(s) from the Budget and Capital Committee Mr. Booth, Vice Chair, said in the interest of time he would not give a report this evening. RESOLUTION NO. 157 - 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, 2007 MOVED by Mr. Booth, seconded by Mr. Penniman. Mr. Wood said the language contained in this is the same as resolutions adopted in prior years. Ms. Kiefer said she would have preferred to receive this in a more timely manner. Although she would like the resolution to contain language explaining the intent of this, the County Attorney has recommended that it be adopted in the language provided by the State. Ms. Kiefer asked that adding a Whereas containing an explanation of what we are doing and why be considered for future resolutions. A voice vote resulted as follows: Ayes — 10; Noes — 3 (Legislators Herrera, Proto, and Schuler); Excused — 2 (Legislator Blanchard and Koplinka-Loehr). 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, 2007, 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, 2007, the provisions of subdivisions (a), (b), (c), (d) and (e) of this section apply, except that for the purposes of this subdivision, all references in said subdivisions (a), (b), (c) and (d) to an effective date shall be read as referring to December 1, 1992, all references in said subdivision (a) to the date four months prior to the effective date shall be read as referring to August 1, 1992, and the reference in subdivision (b) to the date immediately preceding the effective date shall be read as referring to November 30, 1992. Nothing herein shall be deemed to exempt from tax at the rate in effect prior to December 1, 1992, any transaction which may not be subject to the additional tax imposed effective on that date. SECTION 3. Section four of Resolution No. 256A as enacted in nineteen hundred sixty-six, as amended, is amended to read as follows: SECTION 4. Imposition of compensating use tax. 256 August 16, 2005 (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, 2007, the tax shall be at the rate of four percent, and on and after December 1, 2007, 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, 2007, the tax shall be at a rate of four percent, and on and after December 1, 2007, 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, 2007, the tax shall be at the rate of four percent, and on and after December 1, 2007, the tax shallbe 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 thus section, for purposes of clause (B) of subdivision (a) of this section, there shall be no tax on any portion of such price which represents the value added by the user to tangible personal property which he fabricates and installs to the specifications of an addition or capital improvement to real property, property or land, as the terms real property, property or land are defined in the real property tax law, over and above the prevailing normal purchase price prior to such fabrication of such tangible personal property which a manufacturer, producer or assembler would charge an unrelated contractor who similarly fabricated and installed such tangible personal property to the specifications of an addition or capital improvement to such real property, property or land. (f) For purposes of clauses (C), (D) and (E) of subdivision (a) of this section, for the period commencing December 1, 1992, and ending November 30, 2007, the tax shall be at the rate of four percent, and on and after December 1, 2007, 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 257 August 16, 2005 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, 2007, the tax shall be at the rate of four percent, and on and after December 1, 2007, 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, 2007, 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, 2005. SEQR ACTION: TYPE 11-20 Mr. Winch said he would like to have the Budget and Capital Committee consider a resolution that would authorize the budget to be adopted prior to the election. Ms. Herrera said she does not want to make a commitment to do this because it would shorten an already tight process. She said she needs enough information to make decisions and that adopting the vote after the election is in no way an attempt to hide anything from the voters. Mr. Lane asked the three Legislators who voted against the sales tax resolution to consider and let him know where the money would come from to replace those funds. Mr. Proto said he does not have a problem voting on the budget prior to the election. He stated that even if the Legislature votes on the budget early it can be amended up until December 10`''. Mr. Joseph stated this issue in on the agenda for the Budget and Capital Committee meeting next week. Report from the Government Operations Committee Mr. Lane, Chairman, reported the Committee met briefly before this meeting and approved resolutions under the Consent agenda. The next meeting will be tomorrow at 2:30 p.m. Report and Presentation of Resolution(s) from the Public Safety Committee Mrs. McBean-Clairborne, Chair, reported the Committee met on August 4 and discussed subscriber equipment as the County moves forward towards paying for that equipment. Many emergency personnel from around the County were present and contributed to the discussion. The Committee talked to departments about 2006 budget submissions; most of them felt that they were able to respond to the request that was made of them without great difficulty. Assigned Counsel reported there is a need for a computer and Ms. Hughes is having a hard time with staffing as the only other employee in that Department is out on disability. The District Attorney mentioned that his over -target request is to continue one half-time position that was approved last year. A request by Mr. Dentes to use forfeiture monies for computer equipment was also approved by the Committee. STOP -DWI reported they will be 258 August 16, 2005 working on a better way of collecting fines, which will include working closely with judges and magistrates in tracking those fines. OAR spoke about changes in that agency and said that they will be asking for more money in their budget for increased staff hours. The Sheriff informed the Committee that he has over -target requests for items such as gasoline, more staffing, vehicles, and expenses related to the usage of cellular phones. The Committee also learned about testing for proposed sites of the communications towers. At the next meeting Mr. Whicher will come back with a proposal to discuss more about the subscriber equipment. RESOLUTION NO. - ADOPTION OF BYLAWS - EMERGENCY COMMUNICATIONS REVIEW AND OVERSIGHT COMMITTEE At the request of Ms. Kiefer, this resolution was withdrawn. Ms. Kiefer said she would like to see language pertaining to a majority vote in Article IV be clarified. Mrs. McBean-Clairborne said the Committee will meet tomorrow and can consider changes in writing at that time. RESOLUTION NO. 158 — APPROPRIATION OF UNSPENT GENERAL FUNDS FROM 2004 AND INCREASE IN HOURS FROM 35 TO 40 FOR ONE PROBATION ASSISTANT POSITION IN THE DEPARTMENT OF PROBATION AND COMMUNITY JUSTICE MOVED by Mrs. McBean-Clairborne, seconded by Mr. Booth. Mr. Proto asked if Mrs. McBean-Clairborne would consider approving this for 2005 and consider it as part of the 2006 budget. Mrs. McBean-Clairborne said she could not and asked Mr. Whicher to respond to this. Mr. Whicher explained that this is for 2005 and the money is already included in her 2006 base budget request, but is not an over target request. A short roll call vote resulted as follows: Ayes — 11; Noes - 2 (Legislators Proto and Totman); Excused — 2 (Legislators Blanchard and Koplinka-Loehr). RESOLUTION ADOPTED. WHEREAS, the Probation Assistant is responsible for conducting daily Pre -Trial interviews at the Tompkins County Public Safety Building for the purpose of assessing which inmates are appropriate for release without bail, and WHEREAS, the assessment completed by the Probation Assistant forms the foundation for all future assessments by the Probation Department for directing appropriate future criminal justice treatment/educational services and possible sentencing options, and WHEREAS, the Probation Assistant also oversees an administrative caseload that includes absconders (requiring monthly follow-up for purposes of locating the offender), probationers who have transferred to other states, and probationers who have transferred to other counties where the local Courts have opted to retain jurisdiction with Tompkins County, or probationers whose transfers are in progress, and WHEREAS, the administrative caseload has increased by 48% (from 47 to 70 cases per month) over the past four years, and WHEREAS, an additional five hours per week would enable this employee to maintain timely contacts with other jurisdictions, and WHEREAS, a permanent increase in hours should alleviate the need to request an additional position for the foreseeable future, and WHEREAS, the additional annual cost of $6,588, including fringes (minus state aid) will be covered by the Department's certified rollover from 2004, now therefore be it RESOLVED, on recommendation of the Public Safety and Budget and Capital Committees, That one Probation Assistant position be increased from 35 to 40 hours per week, effective August 29, 2005, RESOLVED, further, That the Director of Finance is authorized to make the following appropriation to the 2005 budget: 259 August 16, 2005 FROM: A599 Probation Rollover Balance $ 1,860 3141.43310 State Aid $ 388 TO: 3141.51000520 Probation Assistant $ 1,618 3141.58800 Fringes $ 630 RESOLVED, further, That the position is included in the 2006 base budget at 40 hours with no need for over target request. SEQR ACTION: TYPE 11 - 20 RESOLUTION NO. 159 - AMENDMENT TO THE CAPITAL PROGRAM AND APPROPRIATION FROM THE CONTINGENT FUND - RELOCATION OF COMMUNICATIONS TOWER LOCATED AT THE PUBLIC SAFETY BUILDING TO SNYDER ROAD (AMENDED BY RESOLUTION NO. 252 OF 2005) MOVED by Mrs. McBean-Clairborne, seconded by Mr. Totman, and unanimously adopted by voice vote by members present. WHEREAS, the communications tower located at the Public Safety Building was found to be unsound for the existing loading, and WHEREAS, the County is obligated through existing leases to provide space for at least one cellular co -locator, and WHEREAS, the cellular co -locators will reimburse the County for the capital costs and provide a ten-year revenue of approximately $1,100,000, now therefore be it RESOLVED, on recommendation of the Public Safety, Facilities and Infrastructure, and Budget and Capital Committees, That the 2005 Capital Program be amended to include $160,000 for the relocation of the Public Safety Building Communications Tower to Snyder Road, RESOLVED, further, That the project be titled the Snyder Road Communications Tower, RESOLVED, further, That the Finance Director is hereby directed to appropriate $160,000 from the Contingent Fund. SEQR ACTION: TYPE 11-20 RESOLUTION NO. 160 - BALANCING TEST ANALYSIS REGARDING CONSTRUCTION OF TOWER IN THE VILLAGE OF LANSING MOVED by Mrs. McBean-Clairborne, seconded by Mr. Penniman. Ms. Herrera said it is her understanding that this balancing test is somewhat unusual for the public and asked for an explanation of this. Mr. Penniman said in the past there have been some projects where there has been some difference in opinion as to whether they were subject to local zoning. He said it has been the County's position that because it is a government project necessary for operations, that it was not subject to local zoning. In this case it is not so much for a public purpose because of the private carriers that will be using the tower and this resolution is stating the action is appropriately subject to local zoning. Mr. Joseph said although not highly ranked, the County does have a public purpose to meet obligations to some of the carriers. A voice vote resulted as follows: Ayes - 12, Noes - 1 (Legislator Herrera), Excused - 2 (Legislators Blanchard and Koplinka-Loehr). RESOLUTION ADOPTED. WHEREAS, the County intends to construct a tower in the Village of Lansing, and WHEREAS, this tower is not intended for the County's emergency communication equipment but is, instead, intended to house numerous private cell carriers, and 260 August 16, 2005 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 Public Safety and the Facilities and Infrastructure Committees, That the County concludes this action is appropriately subject to local zoning, for reasons summarized in the attached analysis. SEQR ACTION: TYPE 1I-20 The Balancing Test -Analysis of Criteria with respect to Construction of a Tower in Village of Lansing 1. The Nature and Scope of the Instrumentality Tompkins County, a Charter County in New York State, has the responsibility to provide for the health, safety, and welfare of County residents. It also has the power and responsibility to care for its properties. 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 freestanding latticework tower on Airport property at the corner of Snyder and Mohawk Road, across from the Cornell Chemical Disposal Site. This area is currently used by the Public Works Department for construction materials storage. The new facility will serve private - sector needs, generate revenue for the county, and negate the need for additional towers in this area. The project, which involves the placement of a several private -sector cell companies' antennae on a single tower, is described at length in the Capital Project Request form, developed by the County. 3. The Extent of Public Interest to be Served Thereby The project will serve primarily private -sector cell providers but will provide benefits to the County, the Village, and taxpayers. The Public interest is served in numerous ways: (a) better cellular communication in the area; (b) fewer overall towers in the area; (c) revenue generated will benefit County taxpayers; (d) enhanced security at the public safety building by removing cellular carriers from that site. 4. The Effect Local Land -Use Regulations Would Have Upon the Enterprise Concerned Local land -use regulations could permit this project or allow a greater number of separate tower sites at different locations. 5. The Impact Upon Legitimate Local Interest The impact on legitimate local interest is positive. The proposed improvement will provide improved cell coverage to the area while minimizing environmental impacts. 6. The County's Legislative Grant of Authority The County is authorized to manage its real property. County Law §215. 7. Alternative Location for the Facility in Less Restrictive Zoning Areas The County considered several alternative locations and structures. However, this location, although within the Village's more restrictive zoning, minimizes the environmental impacts. 8. Alternative Methods of Providing the Needed Improvement Numerous separate towers at various locations. 9. The Intergovernmental Participation in Project Development and Opportunity to be Heard 261 August 16, 2005 The Village of Lansing has received detailed information on the project. Report from the Workforce Diversion and Inclusion Committee Mrs. McBean-Clairborne, Chair, reported the Communications team subgroup is working on a plan for meeting and talking to departments about diversity efforts that are underway. She said she would be happy to stop by departments and discuss this with staff. The next meeting will be August 24th at 3 p.m. at the Human Services Building. Report and Presentation of Resolution(s) from the Facilities and Infrastructure Committee Mr. Penniman, Chairman, reported the Committee met a week ago and heard a report from Tom Richardson of the Solid Waste Division on the Recycling Program. It was also reported that recycling markets are strong this year and the Solid Waste Division is looking at possibly adding a few materials to the recycling waste stream. The Committee also heard a report from David Squires, Finance Director, and Jackie Kippola, Contracts Coordinator, about vendor performance monitoring which they use to make decisions about which suppliers to use. RESOLUTION NO. 161 - AUTHORIZATION TO EXECUTE A CONTRACT WITH C&S ENGINEERS FOR CONSTRUCTION INSPECTION SERVICES — CR105, McLEAN-CORTLAND ROAD PHASE 2 RECONSTRUCTION, TOWN OF GROTON MOVED by Mr. Penniman, seconded by Mr. Booth, and unanimously adopted by voice vote by members present. WHEREAS, Resolution No. 33 of 2002 authorized an agreement with the State of New York whereby State and Federal sources furnished 95 percent of the funding necessary to design reconstruction of County Road 105 from the Dryden -Groton town line to the Cortland County line, and WHEREAS, C&S Engineers designed said project and also is one of 15 engineering consultants that New York State Department of Transportation has fully qualified and authorized for such work in Tompkins County's region, and WHEREAS, County Highway Division staff has recommended C&S Engineers as best qualified to provide construction inspection services for the project, 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 supplementary agreements with C&S Engineers of Syracuse, New York, for construction inspection and construction related design services in connection with the referenced project for an amount not to exceed $379,562, 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. 162 AUTHORIZING ACCEPTANCE OF A FEDERAL AVIATION ADMINISTRATION (FAA) GRANT FOR DESIGN OF THE PARALLEL TAXIWAY (PHASE III), ENVIRONMENTAL ANALYSIS OF AN OBSTRUCTION CLEARANCE PROJECT AND PURCHASE OF A RUNWAY FRICTION METER - ITHACA TOMPKINS REGIONAL AIRPORT 262 August 16, 2005 MOVED by Mr. Penniman, seconded by Mr. Booth, and unanimously adopted by voice vote by members present. WHEREAS, the County has recently awarded contracts for Design of the Parallel Taxiway (Phase III) and the Environmental Assessment for the Obstruction Clearance Project, and WHEREAS, the County Finance Department is preparing to seek bids on a Runway Friction Meter and is expecting bids to come in at or below $55,000, and WHEREAS, the Federal Aviation Administration (FAA) is anticipating making a grant offer of $405,793.00 to finance ninety-five percent (95.0%) of the above mentioned projects and equipment purchase, and WHEREAS, the FAA's grant schedule this year requires grant offers to be made, sent out, signed, and returned between August 31 and September 2, 2005, and is therefore outside of the County's Facilities and Infrastructure Committee and Legislature meeting schedules, and WHEREAS, the budget for the projects and equipment purchase is as follows: FAA Share (95.0%) Account No. HT 5601.44592 $405,793.00 NYSDOT Share (2.5%) Account No. HT 5601.43592 $ 10,679.00 Local Share (2.5%) Account No. HT 5601.45031 $ 10,679.00 Total $427,151.00 *Received through airline rates & charges , now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That in the event a grant offer from the FAA of $405,793.00 is forthcoming, it be accepted and the County Administrator be authorized to execute the required documents. SEQR ACTION: TYPE II -20 RESOLUTION NO. 163 - AUTHORIZING ACCEPTANCE OF A FEDERAL AVIATION ADMINISTRATION (FAA) GRANT AND MODIFICATION OF BID AWARD FOR CONSTRUCTION OF THE PARALLEL TAXIWAY (PHASE II) - ITHACA TOMPKINS REGIONAL AIRPORT MOVED by Mr. Penniman, seconded by Mr. Todd, and unanimously adopted by voice vote by members present. WHEREAS, the County has recently awarded a contract for construction of the Parallel Taxiway (Phase II), and WHEREAS, at the time of the contract award the full funding for this project was not available and the scope of work was reduced accordingly, and WHEREAS, the FAA is now expected to obtain an additional grant that would make it possible to complete the entire project according to the original bid specifications, and WHEREAS, the FAA is expected to make a grant offer of $1,013,308.00 to cover ninety-five percent (95.0%) of the costs associated with reinstating the work, and WHEREAS, the budget to reinstate the removed elements of the contract is as follows: FAA Share (95.0%) Account No. HT 5601.44592 $1,013,308.00 NYSDOT Share (2.5%) Account No. HT 5601.43592 $ 26,666.00 Local Share (2.5%) Account No .HT 5601.45031 $ 26,666.00 Total $1,066,640.00 Received through airline rates & charges , now therefore be it 263 August 16, 2005 RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That in the event a grant offer is received from the FAA for $1,013,308.00 it be accepted and the County Administrator be authorized to execute the required documents, RESOLVED, further, That in the event this additional grant is received, the County Administrator be authorized to sign a contract with Chemung Contracting for the original bid amount of $ 4,249,867.50. SEQR ACTION: TYPE II -20 Approval of Minutes of August 2, 2005 It was MOVED by Mr. Booth, seconded by Mr. Winch. Mr. Winch spoke to the County Administrator's Report in the August 2nd minutes and clarified that he was not only in attendance, but was the presenter at the induction ceremony of Assessment Director Valeria Coggin as President of the New York State Real Property Services Association. He stated many positive comments were made, which made him proud of the Tompkins County Assessment Department and proud to be a resident of Tompkins County. Executive Session It was MOVED by Mr. Todd, seconded by Ms. Robertson, and unanimously adopted by voice vote by members present, to enter into executive session at 8:48 p.m. to discuss collective bargaining. The meeting returned to open session at 9:15 p.m. Adjournment On motion the meeting adjourned at 9:15 p.m. 264 September 6, 2005 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. Excused: 1 (Legislator Pennirnan); Ms. Blanchard was excused at 8:30 p.m. Moment of Silence Chair Joseph has requested that the American flag on County buildings be flown at half-staff and asked for a moment of silence for fellow citizens who were lost or are suffering as a result of Hurricane Katrina. Presentation of Proclamation(s) Chair Joseph presented a proclamation in recognition of the fifth anniversary of Tompkins County Community Foundation. Mr. Ferrari, Executive Director, accepted the proclamation and expressed appreciation for all the work done by Community Foundation. Privilege of the Floor by the Public Terry Sharpe, President of the United Auto Workers 2300, spoke of the contract negotiations for Tompkins Consolidated Area Transit (TCAT) workers, noting that the change of some from CSEA union to the UAW has resulted in a net dollar loss for them. She spoke of the lack of wage increases since 2004 and compared local wages for drivers to those in Binghamton, Syracuse, and Rochester. Ms. Sharpe also expressed concern that seventy-four percent of riders are connected to Cornell University who only pay $.88 per ride versus the $1.50 for the general public. She feels that it should be more equitable. Ms. Sharpe stated she would like to know why county and city residents are subsidizing Cornell University. Marc Dantzker, Danby resident, spoke of the communications tower being proposed adjacent to his property on East Miller Road. He is concerned with the visual impact this tower will have on his property, noting he recently spent a great deal of money to improve it. While he expressed an understanding for the need for the emergency service communication tower, he hoped that it would be possible to review alternative locations to lessen the impact. He has spoken with Mr. Shurtleff, Emergency Response Director, who said there is another site at a higher elevation, but Mr. Dantzker's neighbor offered a cheaper site. He said alternatives can be looked at after the environmental report, but acknowledged that later in the process it will be harder to change locations. Mr. Dantzker said he looked at other proposed sites and feels that due to the proximity of the tower his property would be facing the greatest negative impact if the tower were constructed. Mr. Dantzker asked that a complete analysis be done to determine if another suitable location could be utilized. Privilege of the Floor by Legislators Mr. Joseph, District No. 12 Legislator and Chair, read the following statement: "The devastation of Hurricane Katrina is a monumental catastrophe. The response from our national government is a monumental disgrace. The people of New Orleans and other areas along the 265 September 6, 2005 Gulf Coast called desperately for help and nothing came. I listened to a FEMA official deny that there were people in the New Orleans Convention Center without food or water, while a reporter stood in that hall and interviewed those people. I saw pictures of people standing on highway overpasses, on the tops of buildings or on any high spot they could find, waiting desperately to be rescued. And I heard a cabinet secretary declare that everything was under control, that rescue efforts were reaching those in need, that food, water and medical supplies had been delivered where they were needed, and that the evacuation was under way. "Some people survived for days in the blazing sun, without water, without food, without sanitation, waiting to be rescued or evacuated. Others did not. They waited, and they died. Just yesterday we heard reports of residents in a nursing home who drowned on Friday, four days after the hurricane hit, four days after they were promised they would be picked up and evacuated. For four days they waited. And then they died. "This is what homeland security is all about. When disaster strikes, either from terrorism or from natural causes, our emergency response teams need to be in motion within hours, not days or weeks. Helicopters and boats should be moving to rescue those whose lives are in danger. Trucks and busses should be rolling to bring supplies to the survivors and to evacuate them from the devastated areas. But four years after 9/11 our disaster preparedness completely collapsed. For four years we've been told that homeland defense and disaster readiness were our government's top priorities, but when the levees around New Orleans were known to be in dangerous condition, there was no money to fix them. When they broke and rescue and relief forces were needed, they didn't come. "The news media moved in and out of the city and the other devastated areas along the Gulf Coast telling and showing us what was going on, but official sources seemed to know nothing and to be doing nothing. The people of this country have responded to the disaster with compassion and generosity. They have said what they always say, "we are all in this together. These are my brothers and sisters and I will be there for them in their time of need." "But we are led by a government that operates by a different code, a government that believes in every man for himself and let the losers fall by the wayside. A government that regards government itself as a burden upon the people rather than the way the people organize themselves to meet their most fundamental needs; needs such as rescue and relief in the face of disaster. Grover Norquist, one of the leading thinkers of the conservative movement said, "I don't want to abolish government. I simply want to reduce it to the size where I can drag it into the bathroom and drown it in the bathtub." New Orleans is that bathtub. It is full of water, and our national government is drowning in it. "And the response of Grover Norquist and our leaders in Congress is that now we must move ahead immediately with eliminating the estate tax on the wealthiest one percent of Americans. Now, in the face of unimaginable disaster, in the face of vast human suffering, in the face of the monumental task of rebuilding New Orleans and the rest of the devastated Gulf Coast, the nation rallies around and asks, what can we do to help? And our government responds, more tax cuts for the rich. They should be ashamed, but they have no shame. "So, as the people drown in the bathtub of New Orleans, let this government drown with them. And as we rebuild New Orleans we will rebuild our government as well. A government worthy of a great people. One that recognizes that we are all in this together and that what befalls the least of us, befalls us all. Mr. Totman, District No. 9 Legislator, referred to a flyer provided to Legislators announcing the first contracted easement in the State under the United States Department of Agriculture's Grassland Reserve Program (GRP). At this time he asked Ms. Blanchard to fully explain the program. Ms. Blanchard said the easement is for 50.66 acres located on the Eddy Farm on Bostwick Road. This 266 September 6, 2005 easement guarantees the area will always be maintained as grasslands, with strict regulations that no mowing of the area can be done until mid-July to preserve nesting areas. She explained it is a pilot program with the next easement to be contracted in Seneca County. Ms. Blanchard said she was inspired that the first discussions to do so came from the Soil and Water Conservation staff, noting Mr. Totman's devotion to these efforts. Mr. Totman then spoke of the length of time the County has worked on the emergency communications project and it's now progressing to the point of constructing towers. He said there is a tower on Sincerbeaux Road in Groton that is five hundred feet from the property owner's house; the owner approves of that tower, as he knows its importance to the community. Mr. Totman then expressed a concern that the matter of the open -burning regulations is being determined by appointed officials rather than elected officials; he feels it is the Legislator's duty to make such determinations. Ms. Robertson, District No. 13 Legislator, spoke of the open burning regulations, stating she is pleased that medical experts are looking into health concerns of open -burning and that action is being taken to regulate open burning. She feels that members appointed to the Board of Health have the expertise required to make a determination as well as State law providing the authority. Ms. Robertson then spoke of the changes in Medicare prescription plans, noting it is very complicated and will require educating individuals. She spoke of a program to be presented by the Fingerlakes Independence Center on October 4 at 1:00 p.m. to explain the changes in the program. For individuals not able to attend she recommended calling the County Office for the Aging for other dates. Ms. Robertson expressed her sorrow for those affected by Hurricane Katrina, noting that New Orleans has the highest percentage of individuals without vehicles. She expressed disbelief that while the President said the Federal Emergency Management Agency is doing a good job there are reports of dysfunction relating to trucks being turned away, volunteers not knowing where to go, and hospital ships sitting awaiting deployment orders. Mr. Lane, District No. 14 Legislator, said although the devastation in the Gulf is heart wrenching, some individuals are seeking ways to exploit the problem of oil shortages. He believes that not only will local residents but residents nationwide as well will be hurt by this. Mr. Lane said there are discussions of releasing reserves but refineries are down. He likened it to the 1970's oil embargo that created a tailspin inflation and that the outcomes of the oil shortages needs to be thought of during budget discussions. He said the discussions on eliminating sales tax on fuel is not clearly laid out and may also affect the local budget; he is concerned legislation at a higher level may adversely affect our community. Mr. Proto, District No. 7 Legislator, does not believe there is anyone who is not saddened by the destruction of Hurricane Katrina. He said anyone having lived through disasters or wars understands that sometimes you cannot react quickly enough; rather than find blame he believes a reassessment should occur regarding hazard mitigation plans and how to help. Mr. Proto said he would like to focus on the work of such agencies as American Red Cross, Salvation Army, and others who are providing relief efforts. He said while people are offering to help there will be a great deal of criticism; he would rather reserve judgment and concentrate on the positives that will come of this. Mr. Proto announced that the annual Vietnam Veteran's Watchfire will be occurring on Friday, September 16, at Myers Park in Lansing. Ms. Herrera, District No. 5 Legislator, commented about the TCAT employees present outside the building and UAW President Terry Sharpe's comments. Ms. Herrera said that the TCAT employees are taxpayers too, and are not trying to cause a financial hardship for taxpayers; rather, they are asking 267 September 6, 2005 Cornell University to pay its fair share. Ms. Herrera said it is the goal of the TCAT Board to have the fares as well as the wage and benefit package be fair to the public and the employees. With regard to Hurricane Katrina she said there is plenty of blame to go around as this was a massive failure of public policy. Ms. Herrera said that because so many low-wage and unemployed individuals have been affected, this is an opportunity for a jobs program to train survivors and utilize their help in repairing and rebuilding the infrastructure. She said that this is an example of why government exists; rather than slashing government and its programs, government exists, as Tim Joseph just said, in order for people to assist those less fortunate and to help out in times of crisis. Ms. Herrera believes that this tragedy will precipitate a demographic shift. Mr. Winch, District No. 8 Legislator. said he is proud to be an American this week. He spoke of all the different government factions corning forward to assist in alleviating the devastation caused by Hurricane Katrina, as well as the outpouring of donations by citizens to organizations who are putting forth the effort to help fellow citizens in their time of need. Mr. Winch said the American citizen is a survivor who helps his brothers and sisters in time of need and he is pleased with the things being done by independent groups. Mrs. McBean-Clairborne, District No. 2 Legislator, expressed her feelings about activities that have occurred and said the images of fellow citizens is troubling to her and recalled actions in the past for political emergencies in Haiti, Grenada, and following Hurricane David. She feels that New Orleans was looked upon as a city of no value in our own country. She expressed appreciation for work being done by the American Red Cross and wishes she could join them, however, she feels she can assist through stating her opinions of the actions being taken. Mrs. McBean-Clairborne said some people did not have the means to leave the area, others did not believe it could happen, others were not sure how to do things and where to go or the need for assistance. She questioned whether bus services had been made available. Ms. Robertson stated a meeting will be occurring on September 7, 2005, to discuss what resources the County may have that can be used to assist refugees of the hurricane. She said members of public safety areas, Department of Social Services, Better Housing for Tompkins County, and other agencies will discuss what can be done by local governments. Mr. Booth, District No. 3 Legislator, said that although he did not vote for President Bush he is bothered by the very partisan character of comments made about the New Orleans situation. He believes the federal response in New Orleans should have occurred sooner and in a more productive manner. However, the logistics of moving 100,000 people are very difficult and cannot be done in a day. He noted that the results of most major disasters will unfortunately result in lower income individuals being hit particularly hard. Mr. Booth said a similar weather-related tragedy in the Adirondacks would also hurt many poor people. He then spoke of the false sense of security provided by the flood insurance protection program designed and paid for by the government and noted that a similar tragedy could hit any major city located along a coastline. Mr. Booth said that most of the harm that occurred in New Orleans was largely a result of a huge volatile storm that moved around substantially. He also said that had the storm hit New Orleans harder the losses could have been far greater. He spoke of having visited New Orleans and that while a beautiful city it struck him as being a city waiting for disaster due to the huge adjacent lake above the level of the city; he left the city believing it was living on borrowed time. Mr. Booth feels the New Orleans tragedies were the result of thousands of decisions made by every level of government over the course of many years and by both major political parties. He believes the nation will share the cost of rebuilding the area but questioned if New Orleans should be rebuilt at that location. He spoke of the elimination of wetlands that help prevent coastal areas from being destroyed, as well as other things that should have been done and were not. Ms. Kiefer, District No. 10 Legislator, expressed appreciation for Mr. Joseph's comments. She believes to say there has been breathtaking incompetence is not a partisan statement, that the county has 268 September 6, 2005 come face-to-face with segregation and poverty. She believed Ms. Herrera's statement regarding JOBS was a constructive suggestion. Ms. Kiefer announced that the Water Resources Council Recreation Committee has chosen Saturday, September 24 at 9:00 a.m. to clean up the southern end of Cayuga Inlet. She then announced the "St. Patrick's Four" will be on trial in Federal court in Binghamton for actions taken at a recruiting station in Lansing, New York. Although found not guilty locally the matter was turned over to the Federal Court system. Ms. Kiefer said this is the only Federal conspiracy trial against war activist action being taken in the County. She then announced a local effort to alleviate crisis in the Gulf states will take place in DeWitt Park on September 7 hosted by Pastors for Peace interfaith group. Mr. Todd, District No. 6 Legislator, reported the Lansing Park and Ride lot had at least twice as many vehicles in it as usual, which he attributes to the rising cost of gasoline. He then said he believes the Open Burn issue is not as great as it could have been in the past; he said there is virtually no open burning in his area and believes this habit has diminished. Report from Municipal Official There was no municipal official present. Report from the Chair Mr. Joseph reported he received information from New York State Association of Counties (NYSAC) that the tobacco refinancing the County did not participate in had produced substantially more money than projected. As a result NYSAC is moving ahead with a second round of the tobacco refinancing and Mr. Joseph believes it may be worthwhile to review the matter. He remains skeptical that bondholders and investors are providing such a high rate of return but feels since the original vote was so close it should be reviewed. He then spoke of the graph provided to Legislators that indicated the jail population for the County had originally been parallel to statewide trends, however starting with 2000 the county jail population declined while the balance of the state appears to be increasing. Mr. Joseph then spoke of the meeting regarding Hurricane Katrina relief, and said the county is discussing what it can offer in terms of refuge for evacuees. The meeting should provide information on how many individuals can be absorbed in the community and what it will mean. Mr. Lane requested the jail population graph be sent to the New York State Corrections Commission to review and provide a response to the trends seen. Report from the American Red Cross Mike Raffe of the American Red Cross provided the Legislature with a brief report of local efforts to assist in Hurricane Katrina relief. He thanked local residents for their calls and volunteer work, as well as donations of blood and food and money. Mr. Raffe said of the American Red Cross volunteers in the disaster area, 5.5 percent came from Tompkins County, which is a very responsive and high per capita figure. Locally, he has held several meetings to discuss emergency preparedness, the last one in Newfield was attended by approximately 150 individuals. Mr. Raffe said the recovery from the storm will be between six to nine months and presently it is still in the response phase. To date the highest number of individuals housed in Red Cross shelters was 150,000, and last night's figures showed 132,000 individuals. He anticipates that as local community shelters are shut down due to lack of supplies the number will increase. He indicated how the local volunteers have been assisting in the effort and stated that the American Red Cross would not allow the volunteers and employees to actually enter New Orleans due to the hazardous climate. 269 September 6, 2005 Mr. Raffe spoke of the Family Reunification System that is being used during the disaster that will help connect families across the nation as well as internationally. Locally, he said food pantries most likely would be affected due to the shift of some food supplies to the disaster area. He said States neighboring the disaster area have been hit hard by the influx of refugees; discussions are underway to seek the support of the northeastern United States to accept refugees in their area. Mr. Raffe asked that there be continued support for employees trained to help in these disasters, encouraged others to volunteer in other ways, as well as being prepared within their homes. Report and Presentation of Resolution(s) from the Government Operations Committee Mr. Lane, Chairman, reported the Committee met twice since the last meeting with most of the work reflected in resolutions on the agenda. He said the Comrnittee continued to review budget requests from agencies and departments. He noted that the resolutions include land presently owned by the County that is being transferred to the New York State Parks as well as a resolution providing a veteran's exemption on real property tax. Mr. Lane said the figures reported by the Assessment Department were total figures for the exemption. Mr. Lane reported that the Committee talked at length regarding the new Help America Vote Act (HAVA) regulations and how it will affect the County's costs. While it is known that there will be additional costs due to regulations regarding equipment it is unknown what level of reimbursement may be provided by the Federal and State governments. He stated the State regulations allow the County to charge back expenses to the Towns and the City for expenses related to the centralization requirement. The Budget and Capital and Government Operations Committees determined to hold harmless the Towns and City for expenses above what the last presidential year elections was and slowly reduce their responsibility. Ms. Blanchard asked if the Towns and City were familiar with the proposal and was informed the topic was discussed at the municipal officials meeting as well as with the Board of Elections personnel. Mr. Totman inquired if the figure provided included the potential exemption if all veterans applied. Mr. Franklin of the Assessment Department stated that the figures shown were based upon the present exemption applications and is subject to change as new applicants come forward. RESOLUTION NO. 164 - ADOPTION OF LOCAL LAW NO. 4 OF 2005 - A LOCAL LAW IN RELATION TO THE ALTERNATE VETERANS EXEMPTION FOR REAL PROPERTY TAXES (REPEALS LOCAL LAW NO. 1 OF 1997) MOVED by Mr. Lane, seconded by Mr. Totman. A voice vote resulted as follows: Ayes - 13; Noes - 1 (Legislator Blanchard); Excused - 1 (Legislator Penniman). RESOLUTION ADOPTED. WHEREAS, the Government Operations Committee reviewed the Alternate Veterans Exemption for Real Property Taxes and determined it was appropriate to amend it accordingly, and WHEREAS, a public hearing was held before the Tompkins County Legislature on June 21, 2005, to hear all persons interested in proposed Local Law No. 4 of 2005 - A Local Law in Relation to the Alternate Veterans Exemption for Real Property Taxes (repeals Local Law No. 1 of 1997), now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That proposed Local Law No. 4 of 2005 - A Local Law in Relation to the Alternate Veterans Exemption for Real Property Taxes (repeals Local Law No. 1 of 1997), 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 I1-20 270 September 6, 2005 Addition of Resolution It was MOVED by Mr. Lane, seconded by Mr. Koplinka-Loehr, and unanimously adopted by voice vote of members present, to add the following resolution to the agenda: Charge Back of Election Expenses - Board of Elections (revised version). RESOLUTION NO. 165 - CHARGE BACK OF ELECTION EXPENSES - BOARD OF ELECTIONS MOVED by Mr. Lane, seconded by Mr. Totman. In response to Mr. Winch's inquiry, Mr. Lane stated the resolution was added to the agenda due to upcoming expanded budget meetings taking place prior to the next Legislature meeting as well as to provide the Towns and City with the ability to appropriately prepare their budgets for 2006. Mr. Winch said he will not support the resolution as he has not had the opportunity to discuss it with his Towns in advance. Ms. Kiefer stated that under HAVA each county has the option to charge for everything; since there will now be consolidation at the County level it seemed reasonable to take over the cost. She noted it would be nice if the towns could reduce their taxes by this amount. Mr. Koplinka-Loehr said Mr. Squires clarified that not all costs are charged back, some costs are presently borne by the town. Ms. Robertson said the purpose is to have the Towns and City pay what they previously have, with the County assuming costs above this figure, which would then be slowly assumed by the County over a five-year period. Mr. Winch said while he understands this, he believes that the overall costs will increase when the County absorbs this duty as well as the possibility of requiring additional staff for the Board of Elections. Since he has not had an opportunity to ask questions of staff he will not support the resolution. In response to a question from Ms. Schuler on the overall expenses, Mr. Lane said taking over duties will cost the County more due to the HAVA regulations. Ms. Robertson said finding elections inspectors is difficult and the pay has been varied and low; she hopes that the County will be able to recognize this critical position and reimburse individuals at an appropriate level. She also stated with the County taking over this duty she hopes local taxes could decrease as a result. A voice vote on the resolution resulted as follows: Ayes - 12; Noes - 2 (Legislators Todd and Winch); Excused - 1 (Legislator Penniman). RESOLUTION ADOPTED. WHEREAS, New York State has adopted legislation revising the Election law to provide that counties will assume all responsibility from towns and cities for administering elections commencing after November 15, 2005, and that Counties have the authority to charge these costs back to towns and cities, and WHEREAS, at present, election expenses attributable to Towns and the City of Ithaca are charged back by Tompkins County to those municipalities, and WHEREAS, for 2005, the County will continue to charge back expenses as in prior years, and WHEREAS, it is anticipated that election expenses will increase substantially commencing in 2006, and WHEREAS, it is appropriate that if Tompkins County has the responsibility for administering elections. including such things as setting the rates of pay for election workers, it also have the responsibility of paying for those costs, and WHEREAS, the Towns, City, and the County need to be able to plan in their budgets for the election expenses they will need to pay in 2006 and beyond, arid WHEREAS, it would be financially difficult for Tompkins County to assume all of the current election expenses in one budget year, now therefore be it 271 September 6, 2005 RESOLVED, on recommendation of the Government Operations and the Budget and Capital Committees, That in 2006, Tompkins County will charge back to the Towns and City an amount not exceeding that charged back in 2004, the last full year containing Presidential primary elections, RESOLVED, further, That the cost of election workers shall be charged back at the same rate paid by the Towns and City in 2004, RESOLVED, further, That commencing in 2007, the amount charged back to the Towns and City in 2006, will be reduced by 20 percent of the 2004 amount per year until the County assumes full payment of the expenses. SEQR ACTION: TYPE II -20 Explanation: The intention of this resolution is twofold - first that in 2006 individual towns and the City of Ithaca will not pay more for all election expenses (including but not limited to cost for election inspectors and maintenance) than they did in 2004; and second, that over five years beginning in 2007 the County will eventually assume responsibility for paying all election expenses. Report and Presentation of Resolution(s) from the Planning, Development and Environmental Quality Committee Ms. Herrera, Chair, reported the Committee met prior to the meeting to discuss items included on the agenda. The Committee will meet next on September 7, at which time there will be preliminary budget discussions regarding Soil and Water Conservation District, Tompkins Consolidated Area Transit (TCAT), and Tompkins County Area Development. In addition, the Committee will act on resolutions regarding the Empire Zone Designation, and the Creation of a Capital Reserve Fund for Natural and Recreational Resource Protection. RESOLUTION NO. 166 - APPROVING THE ISSUANCE BY THE TOMPKINS COUNTY INDUSTRIAL DEVELOPMENT AGENCY OF UP TO $50,000,000 AGGREGATE PRINCIPAL AMOUNT VARIABLE RATE DEMAND CIVIC FACILITY REVENUE BONDS (ITHACA COLLEGE PROJECT), SERIES 2005, IN ACCORDANCE WITH SECTION 147(F) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED (THE "CODE") (REPLACES AND RESCINDS RESOLUTION NO. 156 OF 2005) MOVED by Ms. Herrera, seconded by Ms. Blanchard, and unanimously adopted by voice vote by members present. 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 Ithaca College (the "College") the Issuer proposes to issue, contingent upon the adoption of this Resolution, its Variable Rate Demand Civic Facility Revenue Bonds (Ithaca College Project), Series 2005, in an aggregate principal amount not to exceed $50,000,000 (the "Bonds"), and WHEREAS, the project (the "Project") shall consist of: (A) (1) the advance refunding of a portion of the outstanding Dormitory Authority of the State of New York (the "Authority") Ithaca College Insured Revenue Bonds, Series 1998 issued in the original principal amount of $54,670,000 (the "1998 Bonds"), the proceeds of which portion of the 1998 Bonds were used to finance a certain project consisting of: (i) the construction, renovation, equipping and repair of certain buildings on the College's 750 -acre main campus on Route 96B in Ithaca, New York (the "Campus") including Ford Hall, which houses the College's School of Music, Gannett Center, which houses the College's library, including window replacement and interior renovations, Dillingham Center, which houses the College's performing arts programs, including theater acoustical improvements and interior space reallocation, and the 272 September 6, 2005 expansion and resurfacing of two Campus parking lots (collectively, the "1998 Facility"), (ii) the purchase of a surety bond to fund a debt service reserve fund as security for the Series 1998 Bonds, and (iii) to pay certain costs of issuance of the Series 1998 Bonds and (2) the advance refunding of a portion or all of the Authority's Ithaca College Insured Revenue Bonds, Series 1997, issued in the original principal amount of $42,645,000 (the "1997 Bonds"), the proceeds of which were used to finance a certain project consisting of (a) (i) the construction of an approximately 55,700 square foot addition to Ford Hall, including the construction of additional faculty offices and studios, a formal recital hall and labs for computers, instrument repair and electronic music; (ii) the renovation of a portion of the Terrace Residence Halls, including upgrades to provide for code compliance and greater accessibility for the physically disabled; (iii) the renovation of Smiddy Hall to provide additional facilities for the College's School of Health Services and Human Performance, including space for academic programs in physical therapy, occupational therapy, exercise and sport science, and health promotion and human movement; (iv) the construction of an approximately 40,000 square foot recreation and fitness center including facilities for recreational, fitness, intramural and other sports activities; (v) campus -wide renovations and infrastructure improvements including installation of mandated sprinklers in various residence halls, government - required replacement of certain chillers and the renovation of existing space (collectively, the "1997 Facility"); (b) the advance refunding of a portion of the Authority's College and University Variable/Fixed Rate Insured Revenue Bonds (1985 Pooled Capital Program), Series A and College and University Variable/Fixed Rate Insured Revenue Bonds (1985 Pooled Capital Program), Series B (collectively, the "Series 1985 Bonds") allocable to loans made by the Authority to the College, the proceeds of which loans were used to finance the construction of a facility to house the College's School of Communications, a student union, -dormitory and general improvements to the College's physical plant (collectively the "1985 Facility") (the 1985 Facility, the 1997 Facility and the 1998 Facility being hereinafter collectively referred to as the "Facility"), (iv) the purchase of a surety bond to fund a debt service reserve fund as security for the Series 1997 Bonds and (v) to pay certain costs of issuance of the Series 1997 Bonds; and (B) paying certain costs incidental to the issuance of the Bonds (the costs associated with (A) and (B) above hereinafter referred to as "Project Costs" or the "Costs of the Facility"), and WHEREAS, the Project involves a "Type II Action" as said term is defined in Article 8 of the Environmental Conservation Law and Regulations adopted pursuant 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 not be excluded from gross income for Federal income tax purposes unless the issuance of the Bonds is approved by the Legislature of Representatives after a public hearing to consider the issuance of the Bonds has been conducted following reasonable public notice, and WHEREAS, on September 1, 2005 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 College's application to the Issuer for financial assistance; (b) the notice of public hearing published by the Issuer in The Ithaca Journal, along with the affidavits of publication of such newspaper and (c) Michael Stamm, as a representative of the Issuer, attended the public hearing and stated at this meeting that there was no public comment and that the minutes of such public hearing held on September 1, 2005 would reflect that no public comments were received, 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 273 September 6, 2005 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(f) 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 hereby replaces Legislature Resolution No. 156 of 2005, and Legislature Resolution No. 156 of 2005 is hereby rescinded. Section 4. This Resolution shall take effect immediately. SEQR ACTION: TYPE I1-20 RESOLUTION NO. 167 - MAKING A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE IN RELATION TO RESOLUTION NO. 168 OF 2005 MOVED by Ms. Herrera, seconded by Mr. Lane, and unanimously adopted by voice vote by members present. WHEREAS, in Resolution No. 168 of 2005, the Tompkins County Legislature would authorize the County Administrator to execute a deed with the New York State Office of Parks, Recreation and Historic Preservation for the sale of tax parcel no. 31.-2-14 in the Town of Ithaca, and tax parcel nos. 1.- 1-12.21 and 1.-1-12.25 in the Town of Danby, 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. 168 of 2005 is an unlisted action, RESOLVED, further, That the County Legislature hereby makes a negative declaration of environmental significance in regard to Resolution No. 168 of 2005. SEQR ACTION: Unlisted (Short EAF and Negative Declaration on file with Clerk of the Legislature) RESOLUTION NO. 168 - AUTHORIZING THE COUNTY ADMINISTRATOR TO EXECUTE A DEED WITH THE NEW YORK STATE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION FOR THE SALE OF TAX PARCEL NO. 31.-2-14, LOCATED IN THE TOWN OF ITHACA, AND TAX PARCEL NOS. 1.-1-12.21 AND 1.-1-12.25, LOCATED IN THE TOWN OF DANBY MOVED by Ms. Herrera, seconded by Mr. Proto, and unanimously adopted by voice vote by members present. WHEREAS, the County acquired the 7.64 acre tax parcel no. 31.-2-14 (Parcel A) in the Town of Ithaca in 1942 and used the parcel to store materials for the Highway Division, and 274 September 6, 2005 WHEREAS, Parcel A was identified in the 1998 County Land Inventory and each subsequent update to the Inventory as surplus land that should be sold only under conditions that would protect the site's important natural features, and WHEREAS, Parcel A contains many significant features, including the 100 -year floodplain for Cayuga Inlet, New York State Freshwater Wetlands, National Wetlands Inventory Wetlands, Unique Natural Area "Fleming Meadow," County Comprehensive Plan's Natural Features Focus Area "The Gorges," Black Diamond Trail Corridor Priority project in New York State Open Space Conservation Plan, and possible location of Native American artifacts associated with Coreorgonel settlement, and WHEREAS, the County approached the New York State Office of Parks, Recreation and Historic Preservation (State Parks) about the State acquiring Parcel A to preserve its unique functions and values as an addition to Buttermilk Falls State Park, and WHEREAS, State Parks has made a purchase offer for Parcel A of $19,000.00, and WHEREAS, the County acquired the 1.33 acre tax parcel no. 1.-1-12.21 (Parcel B) and the adjacent 3.01 acre tax parcel no. 1.-1-12.25 (Parcel C) in the Town of Danby in 2003 through the foreclosure process, and WHEREAS, Parcels B and C were identified in the 2004 Inventory of Tompkins County -Owned Land as surplus lands that should be sold under conditions that would strive to preserve trail connection potential and natural features, and WHEREAS, Parcels B and C contain many significant features, including Unique Natural Area "Lick Brook and Inlet Valley Slopes," and a segment of the Finger Lakes Trail that could provide a permanent connection between Buttermilk Falls State Park trails and the Finger Lakes Trail, and WHEREAS, the County approached the New York State Office of Parks, Recreation and Historic Preservation (State Parks) about the State acquiring Parcels B and C to preserve unique functions and values as an addition to Buttermilk Falls State Park, and WHEREAS, State Parks has made a purchase offer for Parcel B and C of $9,100.00, and WHEREAS, County Administrative Policy No. 01-07 (Land Transactions) requires that whenever the Legislature decides to negotiate a sale for less than the fair market value for real property, the resolution conveying the property shall clearly state the public purpose served by conveying for this price and it shall include the estimate of the fair market value of the property at its highest and best use as prepared by the Assessment Department, and WHEREAS, the Assessment Department has determined that the fair market value of Parcel A is $22,000, Parcel B is $2,400, and Parcel C is $9,600 (Parcel B and C combined total of $12,000), and WHEREAS, the reason that this property is being conveyed for less than fair market value is to enhance Buttermilk Falls State Park, one of the County's premier tourist attractions, increase recreational opportunities for residents of the County, and protect significant unique natural areas in the County, now therefore be it RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee, and the Government Operations Committee, That the purchase offer submitted by State Parks on June 8, 2005 is confirmed and that the County Administrator is authorized to execute the deed and closing paperwork. SEQR ACTION: Unlisted (Short EAF on file with the Clerk of the Legislature) RESOLUTION NO. 169 - AUTHORIZING A PUBLIC HEARING ON PROPOSED LOCAL LAW NO. 5 OF 2005 — A LOCAL LAW AUTHORIZING THE COUNTY OF TOMPKINS TO MAKE APPLICATION FOR DESIGNATION OF CERTAIN AREAS WITHIN THE COUNTY OF TOMPKINS AS AN EMPIRE ZONE MOVED by Mr. Lane, seconded by Ms. Blanchard. Mr. Proto requested clarification of the statements made at the Planning, Development and Environmental Quality Committee meeting regarding the Empire Zone program; he heard nothing is being done at the State level and did not understand why 275 September 6, 2005 the County is undertaking this process. Mr. Lane deferred to Ms. Blanchard, who explained that recent legislation at the State level will allow the eleven counties and an area in New York City Chinatown to make application to receive Empire Zone designation. She recently attended a training in Albany and learned the twelve areas will be awarded the designation by awarding three areas each year over the next four years. Although it is unlikely the County would receive the designation immediately the resolution allows the County to be included in the process. The deadline for application is September 29, 2005, and requires a public hearing and passage of a Local Law. Ms. Blanchard said information providing the exact locations of the Empire Zone designation within the County will be made available by September 12, 2005. Mr. Lane said passage of the resolution and Local Law will indicate an interest in continuing the program and a commitment for it as well. Although he believes the designation of these zones will be a political process he would like State Legislators to know Tompkins County would like to have the same opportunities as other counties that the designation provides. Ms. Blanchard also noted it appears the State is leaning more to the original concept of the zones being utilized to rebuild urban areas and provide jobs as well as manufacturing development. Mr. Todd was excused at 7:30 p.m. Ms. Herrera stated she did not move the resolution as she has concerns regarding the manner in which economic development incentives are utilized. She said it seems as though the County has less control overseeing that local workers and employment are utilized, which is something she feels strongly must be emphasized. Ms. Herrera feels that making this area a requirement could possibly assist in amending zoning regulations such as the city density policy to enable it to be more supportive of housing. Mr. Proto will not support the resolution as he has consistently voted against the Empire Zone designation in the past. He would like to see more details on the proposed application and said he does not like to vote on something without having the information in hand. Ms. Kiefer inquired when the detailed proposal would be available, and was told September 12. A voice vote on the resolution resulted as follows: Ayes - 11; Noes - 2 (Legislators Herrera and Proto); Excused - 2 (Legislators Penniman and Todd). RESOLUTION ADOPTED. WHEREAS, Tompkins County is authorized to submit an application for designation as an Empire Zone, and WHEREAS, such designation could greatly benefit the County in that new businesses would be encouraged to locate in the zone area, existing businesses would be encouraged to expand in the zone area, and new and expanded businesses would generate new jobs for County residents, now therefore be it RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee, That a public hearing be held before the Tompkins County Legislature in Legislative Chambers of the Tompkins County Courthouse, 320 North Tioga Street, Ithaca, New York, on Tuesday, September 20, 2005, at 5:30 o'clock in the evening thereof concerning proposed Local Law No. 5 of 2005 — A Local Law Authorizing the County of Tompkins to Make Application for Designation of Certain Areas Within the County of Tompkins as an Empire Zone. Ai; 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 11-20 Recess 276 September 6, 2005 Mr. Joseph declared recess from 7:35 p.m. to 7:46 p.m. Report from the County Administrator Mr. Whicher reported the CSEA White Collar group has presented the terms and conditions of the proposed settlement to members and a response is expected by the end of the week. He said the 2006 budget notebooks appear different than in the past and he believes once some minor adjustments are made it will be easy to follow discussions. He said the system is being converted to one that will enable many more functions. With regard to Mr. Dantzker's statement, he spoke highly of him, as he has been extremely pleasant and articulate about his concerns. Mr. Whicher updated Mr. Dantzler of the processes and will continue to work with him. He reported the initial contract proposal from Motorola has been received. It will require some modification but it is hoped that a final agreement will be reached by the end of October. Report from the County Attorney Mr. Wood reported the new Assistant County Attorney, Martha N. Hertzberg, has started her duties. 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 at this time. Withdrawal of Resolution(s) from the Agenda There were no resolution(s) withdrawn from the agenda at this time. Approval of Resolution(s) Under the Consent Agenda It was MOVED by Mr. Totman, 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. 170 - DESIGNATION OF TOURISM PROMOTION AGENCY FOR STATE FISCAL YEAR 2005-2006 MOVED by Mr. Totman, 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 for designation 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 Ithaca/Tompkins County Convention and Visitor's Bureau (I/TCCVB), 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 277 September 6, 2005 RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee, That the designation of the TPA for State Fiscal Year 2005-2006 be awarded to the Ithaca/Tompkins County Convention and Visitor's Bureau (I/TCCVB), RESOLVED, further, That the Director of the I/TCCVB report to the Planning, Development and Environmental Quality Committee if change occurs. SEQR ACTION: TYPE 11-20 RESOLUTION NO. 171 - ESTABLISHING COUNTY EQUALIZATION RATES MOVED by Mr. Totman, seconded by Mr. Winch, and unanimously adopted by voice vote by members present, under the Consent Agenda. WHEREAS, pursuant to Article III, Section 4.05, Subdivision (d) of the Tompkins County Charter and Code, the Director of Assessment has submitted and recommended the adoption of equalization rates for all towns in Tompkins County and the City of Ithaca for the assessment rolls filed in 2005, and for the apportionment of County taxes levied in 2006, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the following equalization rates be and hereby are adopted: AGGREGATE ASSESSED AGGREGATE FULL VALUATION OF TAXABLE COUNTY VALUATION OF TAXABLE REAL PROPERTY FOR EQUALIZATION REAL PROPERTY FOR TOWN Town of Caroline Town of Danby Town of Dryden Town of Enfield Town of Groton Town of Ithaca Town of Lansing Town of Newfield Town of Ulysses City of Ithaca TOTALS COUNTY PURPOSES 138,019,159 178,799,192 664,655,993 129,756,726 196,374,756 1,021,826,414 1,035,766,102 187,954,495 329,662,392 1,141,258,683 $5,024,073,912 SEQR ACTION: TYPE II -20 RATE 100 100 100 100 100 100 100 100 100 100 COUNTY PURPOSES 138,019,159 178,799,192 664,655,993 129,756,726 196,374,756 1,021, 826,414 1,035,766,102 187,954,495 329,662,392 1,141,258,683 $5,024,073,912 RESOLUTION NO. 172 - AUTHORIZATION FOR MEMBERSHIP — CONSERVATION LEADERS NETWORK - TOMPKINS COUNTY LEGISLATURE MOVED by Mr. Totman, seconded by Mr. Winch, and unanimously adopted by voice vote by members present, under the Consent Agenda. WHEREAS, the Tompkins County Legislature is concerned about the conservation of natural resources and the need for a healthy environment, and WHEREAS, the Conservation Leaders Network is the only organization in the country that focuses on working with conservation -minded county officials to conserve natural resources, and WHEREAS, membership in the Conservation Leaders Network will provide useful and valuable information and resources for the Legislature and assist in making responsible decisions to protect the natural treasures that complement and complete our communities, now therefore be it 278 September 6, 2005 RESOLVED, on recommendation of the Government Operations Committee, That County Legislator Kiefer is authorized to join the Conservation Leaders Network in 2005 and 2006, at a cost of $45 per year, RESOLVED, further, That no additional funding is required. SEQR ACTION: TYPE II -20 RESOLUTION NO. 173 - INCREASE IN HOURS - PRINCIPAL RECORDING CLERK POSITION - COUNTY CLERK MOVED by Mr. Totman, seconded by Mr. Winch, and unanimously adopted by voice vote by members present, under the Consent Agenda. WHEREAS, the Tompkins County Clerk wishes to increase the Principal Recording Clerk from 35.0 hours per week to 40.0 hours per week to accommodate the pressure of business, and WHEREAS, the Tompkins County Clerk wishes to maintain a level of service only possible by having this position designated as a forty -hour work -week, and WHEREAS, such change would be beneficial to the organization and would result in increased efficiency, now therefore be it RESOLVED, on recommendation of the Government Operations and Budget and Capital Committees, That the standard work week for one position of Principal Recording Clerk (685), Labor Grade J-10, be increased from 35.0 hours per week to 40.0 hours per week, effective June 10, 2005, RESOLVED, further, That no additional funding is required. SEQR ACTION: TYPE I1-20 RESOLUTION NO. 174- AUTHORIZATION TO EXECUTE QUITCLAIM DEED — PROPERTY ACQUIRED BY TAX FORECLOSURE MOVED by Mr. Totman, seconded by Mr. Winch, and unanimously adopted by voice vote by members present, under the Consent Agenda. WHEREAS, Tompkins County works with residential property owners to allow them to redeem their homes prior to auction, 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 2005 tax foreclosures, back to the previous owners upon payment of all back taxes, penalties, interest, and fees as follows: Town of Newfield 31-1-26.4 Angelika Tillman SEQR ACTION: TYPE II -20 Approval of Appointment(s) Under the Consent Agenda MOVED by Mr. Totman, seconded by Mr. Winch, and unanimously approved by voice vote by members present, under the Consent Agenda to approve the following appointments: Youth Services Board Debra Austic - Village of Trumansburg representative; term expires December 31, 2005 Soon Chun (Lois) Kang - Town of Newfield representative; term expires December 31, 2005 Carol Griep - Town of Groton representative; term expires December 31, 2007 Presentation of Resolution from the Government Operations Committee 279 September 6, 2005 RESOLUTION NO. 175 - AUTHORIZATION FOR MEMBERSHIP — INTERNATIONAL CITY/COUNTY MANAGEMENT ASSOCIATION — COUNTY ADMINISTRATION MOVED by Mr. Lane, seconded by Ms. Herrera. Mr. Proto asked if it is wise to join the organization during a period when budgets are tight. Mr. Whicher spoke of the ability to review standards and guidelines from states all over the country and professional organizations. In addition, he said the research department for this organization is excellent. He anticipates spending $8,000 in subsequent years to set up the standards and guidelines that should ultimately assist in better operations. Mr. Winch inquired what type of research is available. Mr. Whicher provided several examples of how benchmarks are obtained in order to determine the best course of action in a given situation. Mr. Whicher said the funds are in his present budget; for a renewal he will utilize rollover funds if available. Ms. Herrera will support the resolution as she feels it is excellent to partner with others. A voice vote on the resolution resulted as follows: Ayes - 13; Noes - 0; Excused - 2 (Legislators Penniman and Todd). RESOLUTION ADOPTED. WHEREAS, Tompkins County Administration is seeking membership in the International City/County Management Association (ICMA) at a cost of $823 per year, and WHEREAS, membership in ICMA will serve as a valuable resource for the County Administrator by providing technical and management assistance, training, and information resources, and WHEREAS, membership will provide helpful information exchanges and creative solutions for chief appointed managers, administrators, and assistants in cities, towns, counties, and regional entities throughout the world, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That Tompkins County Administration is authorized to join ICMA, RESOLVED, further, That no additional funding is required. SEQR ACTION: TYPE II -20 Report from the Air Service Committee Ms. Blanchard, Chair, reported that US Air has returned its non-stop Pittsburgh service to Ithaca starting November 9, 2005. The one flight will connect with Chicago, Denver, and other hubs using the thirty-five seat Dash aircraft customers are used to. This will provide four non-stop flights at the airport. The Air Service Task Force will be meeting on September 12 and will be reviewing the budget for the Airport. On September 19 the Air Service Committee will have its regular meeting during which they will discuss governance structure as well as the discussions of the subgroup working on negotiations with carriers. Mr. Winch said local reports show Northwest flights filled to seventy -percent capacity, yet the news services speak of the airline being on the verge of bankruptcy; and asked if there was any additional information available. Ms. Blanchard said bankruptcy is often used to enable a restructuring of companies. She indicated that at this time there has not been any information regarding the reports of pending bankruptcy and that no problems have resulted from the mechanic's strike. Ms. Blanchard then spoke of the $500,000 grant that will be forthcoming over the next three years. It is expected to use funds to assist in marketing the airport as well as other areas to be determined necessary. Ms. Robertson said she thought the funds would be utilized to reduce landing fees. Ms. Blanchard explained the terms of the grant award are flexible and the Committee will be discussing with Mr. Nicholas the best way to leverage funding. There is a general feeling that to use these funds to defray expenses would not be the best thing to do. Report from the Budget and Capital Committee 280 September 6, 2005 Mr. Koplinka-Loehr, Chair, reported the Committee rnet on August 23, with most of their work being brought forward in the form of the budget books and future schedule. In addition, three staff members were requested to report on performance evaluation questions that will be coming forward in the future, and the Commissioner of Planning and Public Works presented his executive summary of the plan to go from a five-year capital program to twenty years. In addition, Mr. Marx had provided a listing of standards that the Legislature should review to determine the best choice for the County. Mr. Koplinka-Loehr expressed appreciation to the County Administrator, Department Heads, and staff for their efforts to bring the Legislature a budget within the requested goal. He then explained the upcoming budget process and asked members of the Legislature to be certain to notify him in advance if there are specific items or departments not listed they wished to discuss. Mr. Booth noted if there were no changes by Legislators, the County Administrator's Budget would become the budget for 2006. Report and Presentation of Resolution(s) from the Public Safety Committee Mrs. McBean-Clairborne, Chair, said the Committee did not meet on their regularly scheduled day due to a lack of agenda items. The Committee did meet prior to the Legislature meeting to act on items appearing on the agenda. RESOLUTION NO. 176 —APPROPRIATION OF UNSPENT GENERAL FUNDS FROM 2004 TO PURCHASE COMPUTER EQUIPMENT FOR ASSIGNED COUNSEL MOVED by Mrs. McBean-Clairborne, seconded by Ms. Schuler. A short roll call vote resulted as follows: Ayes - 12; Noes - 1 (Legislator Totman); Excused - 2 (Legislators Penniman and Todd). RESOLUTION ADOPTED. WHEREAS, the Assigned Counsel has been certified by the Director of Finance to have unspent appropriations and excess revenues from 2003 resulting in a surplus of $4,455, and WHEREAS, Assigned Counsel has computer equipment in excess of six years old and is experiencing serious computer errors putting a strain on their daily operation, and WHEREAS, the Information Technology Services Department has reviewed Assigned Counsel's computer equipment and made a recommendation to replace the computer equipment costing $4,000, now therefore be it RESOLVED, on recommendation of the Public Safety and Budget and Capital Committees, That the Director of Finance is authorized to make the following adjustment to the 2005 budget: FROM: A599 Assigned Counsel Rollover Balance $ 4,000 TO: 1170.52203 Computer Equipment $ 4,000 RESOLVED, further, That this is a onetime expense and there is no need for a target adjustment. SEQR ACTION: TYPE II - 20 RESOLUTION NO. 177 - APPROPRIATION FROM CONTINGENT FUND - REPLACEMENT PAY — DEPARTMENT OF PROBATION AND COMMUNITY JUSTICE MOVED by Mrs. McBean-Clairborne, seconded by Ms. Kiefer. A short roll call vote on the motion resulted as follows: Ayes - 12; Noes - 1 (Legislator Totman); Excused - 2 (Legislators Penniman and Todd). RESOLUTION ADOPTED. WHEREAS, the Department of Probation and Community Justice had an employee out on maternity leave for greater than two months in the Core Probation Services Program, and WHEREAS, the Fiscal Policy of Tompkins County allows for replacement pay from the Contingent Fund, now therefore be it 281 September 6, 2005 RESOLVED, on recommendation of the Public Safety and Budget and Capital Committees, That the Director of Finance is hereby authorized to make the following adjustment to his books for 2005: FROM: A1990.54440 Contingent Fund $11,406 TO: A3142.51000585 Probation Officer $8,206 A3142.58800 Fringes $3,200 SEQR ACTION: TYPE I1-20 RESOLUTION NO. 178 - BUDGET ADJUSTMENT — HIGHWAY MOVED by Mrs. McBean-Clairborne, seconded by Mr. Winch. Mrs. McBean-Clairborne stated the budget adjustment for the Sheriffs office was not acted upon by the Committee pending further review and therefore not being recommended at this time. A voice vote on the resolution resulted as follows: Ayes - 14; Noes - 0; Excused - 1 (Legislator Penniman). RESOLUTION ADOPTED. 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: Highway Revenue Acct Title Amt Approp Acct Title(s) D599 County Road Fund Balance $ 30,000 5111.54424 Equipment Rental D599 County Road Fund Balance $ 24,000 5142.54424 Equipment Rental D599 County Road Fund Balance $ 14,000 5144.54424 Equipment Rental D599 County Road Fund Balance $164,891 5110.54424 Equipment Rental Explanation: Rental Rates have consistently exceeded the budget figure and have not kept up with the Highway Machinery expenditures, therefore resulting in a shortage. SEQR ACTION: TYPE I1-20 Report from the Workforce Diversity and Inclusion Committee Mrs. McBean-Clairborne, Chair, reported the Committee met on August 24th and reviewed the recruitment and retention plan from the Management Subcommittee. It is anticipated to have this draft completed within ninety days. She noted a great deal of work has been done by departments to expand recruitment efforts and that the difference is being seen in the applicant pool. In addition, the Committee reviewed the diversity statement and appointed a policy team to undertake the process of reviewing the procedure to make it a policy. Mrs. McBean-Clairborne said the Committee discussed how to improve communication with employees. A suggestion was made to hold various meetings to develop a conversation about the movement of these efforts. A marketing committee will assist in developing ways to utilize the diversity statement. Mrs. McBean-Clairbome said it will take time to fully develop all the necessary tools to bring together the goals desired; once completed the Committee will provide a presentation of materials. Report from the Facilities and Infrastructure Committee Ms. Kiefer, Vice Chair, reported the Committee met on August 23rd when it received an update on the status of the New York State Route 13/Brown Road intersection. It was reported that accident data from 2004 was available and that the New York State Department of Transportation (NYSDOT) is willing to work with the County to gather more information and will do vehicle counts in late September. She said information will be coordinated with municipal officials and other interested parties. The Committee also reviewed the budget adjustment brought forth on the agenda as well as discussing the upcoming public meetings of the Hanshaw and Warren Road projects. Ms. Kiefer reported on New York State Department of Transportation's request to delay certain highway reconstruction projects that was 282 September 6, 2005 due in part to a concern that so many projects were being recommended, but mostly due to the likely unavailability of State funding. In addition, the preliminary budgets for the airport and solid waste facility are tentatively good news. The airport tentatively appears to be able to continue operations without taxpayer money in 2006. It appears the solid waste fee will not increase for 2006. The Recycling Center will be proposing modifications to public use of the facility by going to a flat rate versus utilizing the scales for fees; this should improve the traffic flow at the facility. The Committee heard from Mr. Potter, Information Technology Services Director, that a determination regarding the public safety database, formerly known as CISNET, is needed to assist him in determining how to properly develop his budget and staffing needs. She said it is a topic that the Legislature needs to be address. Ms. Schuler spoke of the Solid Waste Facility's planned expansion of the recycling program to include plastics with a numbering up to "7", which would include items such as flower pots. Mr. Lane spoke of the NYSDOT request to delay projects and said while at a public meeting regarding the McLean Road project it was said the bridge could not be constructed as part of the original project as planned due to increased cost of materials. He is concerned about this. Ms. Schuler was excused at this time (8:30 p.m.). Mr. Lane asked if the money ran out at the State level will this bridge be able to be completed. Ms. Kiefer said it was not known at this time. Mr. Lane feels this is a serious matter, when the State requests a delay it not only increases their costs but the County's as well. Ms. Robertson inquired if any information regarding recycling of agricultural plastics has occurred and was informed not at this time. Mr. Proto said a group of individuals at Cornell Cooperative Extension are looking into this matter but he is uncertain what information is available at this time. Mr. Proto reported the lower bridge in Brooktondale is almost completed; it was hoped to be open by Labor Day but the recent rains delayed the project. Mr. Winch spoke of the potential addition of other recyclable plastics and noted it will depend on the marketability of the commodities. Mr. Lane asked about the deposit containers put into recycling and if anyone looked into utilizing these unclaimed deposits. Ms. Kiefer said the matter has not come before the Committee this year, and she will follow up on this. Report from the Health and Human Services Committee Ms. Robertson, Chair, said the Committee has not met since the last meeting. The Committee will meet on September 7 at 10:30 a.m. Approval of Minutes of August 16, 2005 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 16, 2005, as submitted. Adjournment On motion the meeting adjourned at 8:36 p.m. 283 September 20, 2005 Regular Meeting Public Hearing Mr. Joseph called the public hearing to order at 5:37 p.m. concerning proposed Local Law No. 5 of 2005 - A Local Law Authorizing the County of Tompkins to Make Application for Designation of Certain Areas within the County of Tompkins as an Empire Zone (Supersedes Local Law No. 7 of 2002). No member of the public wished to speak and the public hearing was closed at 5:37 p.m. Called to Order Mr. Joseph called the regular meeting to order at 5:38 p.m. Pledge of Allegiance to the Flag and Roll Call of Members Members and guests participated in the Pledge of Allegiance to the Flag. Present: 14 Legislators. Excused: 1 (Legislator Kiefer). Privilege of the Floor by the Public No member of the public wished to speak. Presentation of Distinguished Youth Award Mr. Penniman, District No. 15 Legislator, presented Mark Bailey of Lansing with the September 2005 Distinguished Youth Award. Privilege of the Floor by Legislators Mr. Proto, District No. 7 Legislator, thanked those who attended the Watchfire in Lansing. Ms. Robertson, District No. 13 Legislator, reported a second hearing on open burning was held last night at which questions were raised with regard to enforcement. John Andersson of the Environmental Health Division said the Department is well aware of the concerns expressed. Ms. Robertson also reported on the Tompkins Rx program and said through the end of August County residents have saved $128,268 with the card. She also reported on the arrival of families who have relocated here from New Orleans following Hurricane Katrina. Mr. Booth, District No. 3 Legislator, said he sent the Legislature a postcard from Scotland on his recent visit there and noted how Scotland is known for its rainy seasons. Presentation of Resolution by the Facilities and Infrastructure Committee RESOLUTION NO. 179 - RESOLUTION OF APPRECIATION - DANIEL KARIG MOVED by Mr. Penniman, and unanimously seconded and adopted by voice vote by members present. 284 September 20, 2005 WHEREAS, the groundwater movement under and around Tompkins County's Hillview Road Landfill has long been a concern, potentially carrying landfill leachate pollution to neighboring wells and/or into the headwaters of Cayuga Inlet, and WHEREAS, the Hillview Road Landfill Citizens Advisory Committee was created by Tompkins County in 1990 (Resolution No. 497) to study, analyze, and comment on various issues related to that landfill, and has, since the Landfill's closure to solid waste at the end of 1991, mainly focused on placement of monitoring wells, results of the ongoing well -testing, and trying to resolve geohydrology questions, and WHEREAS, in the spring of 1997 Daniel Karig, former chair of the Cornell University Department of Earth and Atmospheric Sciences, joined the Committee, bringing his lifetime of experience and keen analytical mind to bear on the geohydrological mysteries of the landfill area, and WHEREAS, Daniel Karig gave an extraordinary amount of time and effort, undertaking the field work of executing a sampling regime in cooperation with Ken Thompson (Solid Waste Division Assistant Manager and engineer) and subsequently performing data analysis, and WHEREAS, Daniel Karig ultimately created a report summarizing his conclusions, and WHEREAS, Daniel Karig's work resolved many of the apparent contradictions in prior investigations and sets forth a plausible model of groundwater flow consistent with the available data and ongoing well -monitoring program, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the Tompkins County Legislature gratefully accepts the Karig report, "Hydrogeology of the Area Northeast of the Hillview Road Landfill, Tompkins, County, N.Y." dated May 20, 2005, and thanks Daniel Karig for his many volunteer hours in the service of the County and its welfare. SEQR ACTION: TYPE 1I-21 Report from Municipal Official(s) Donald Barber, Town of Caroline Supervisor, read and submitted the following statement for the record: "Recognize that some of you will be thrilled by my comments others curious and others very upset. These comments are directed to those that still have an open mind about the Sheriffs budget request. "Begin by stating that I have the utmost respect for all of you, your position, and the job you are doing. "I'm here to talk about the Sheriffs request for three more Deputies. Most people that I see tell me that I'm "Right on" with trying to get more police presence in rural areas. But some say with all that this Legislature has accomplished, why undermine them in an election year. My response is that I'm elected to represent my constituents and it's budget time. Time when you set spending priorities and policy for 2006. "There is a noticeable lack of police presence in Caroline and the situation is getting worse year - by -year. I brought this up last year at this same time. The response was to not add Deputies but to establish a committee to recommend ways to increase police presence. "I chaired that committee and we covered a lot of ground. But the topic turned out to be a real "Hot Button"; stirring strong emotions -so the committee disbanded. "The police presence in Caroline is unsatisfactory. We see very little of State Police nor Deputies. Every morning that I come to the Town hall, I used to bring in fist full of Tickets from State 285 September 20, 2005 Police and Road Patrol and now usually nothing. And at a meeting with County officials and Brooktondale residents about changing traffic patterns for a bridge project, the official was asked how this traffic situation would work. Innocently he said that if people didn't obey signage, they would be ticketed. This was met by a spontaneous and unanimous laugh. They said "Who are you kidding, we don't ever see law enforcement in this area. " "The State Police have been sent to protect our borders and other anti -terrorism actions. The Sheriff has been loaded with other duties on top of being short-staffed. It is my understanding that the Deputies perform their civil duties, terrorism protocol, transport prisoners to other jails or court, monitor the lake, and handle emergencies, then they perform the proactive function of law enforcement which makes our neighborhood safe. However, if someone is sick or at training, then the burden is spread over an even thinner staff. This creates a condition for even less proactive law enforcement. "If someone sees police presence 1 out of 10 times in an area, they'll be watching their actions. But if they see police presence 1/1000 or even less they lose their vigilance. The consequence is speeding, running stop signs, mischief for idle minds. Unsafe behaviors become commonplace. The potential for an accident, possibly very serious, is great. "When the road patrol is short-staffed, the police presence can no longer be uniform throughout the County. Deputies tend to post in higher populated areas -where they are most likely to get the next call for help. "When the Sheriffs Department is short-staffed, rural and remote areas then receive a disproportionate decrease in police presence and longer response times to calls for emergencies than our more urban areas or those located closer to the center of the County. This is UNFAIR. All areas pay taxes at the same rate and should rightfully expect the same level of service. "Some County Legislators have told me that the Sheriff staffing situation is stagnant and any increase in road patrol would have to be funded by those areas wanting more police presence. If the Town of Caroline were to contract with the Sheriff for addition police presence, what guarantees do we have that that part of a Deputy's time would be proportionately spent in Caroline when an emergency occurs or other Sheriff responsibilities are not met? "Does it sound fair that the more rural towns, which receive less police presence due to their location, should shoulder the cost of additional road patrol? And if they did, how would the priorities of the Sheriff be altered so that the rural areas would receive coverage? This is not tenable. Funding for additional road patrol rests squarely with the County Legislature. "Probably the biggest stumbling block is that the most densely populated areas of the County - City and some villages- already have their own police force. How do you balance this populations desire not to pay for something that doesn't directly benefit them with your responsibility to provide police presence in the County as stated in the County Charter? "The answer probably lies in how your predecessors perceived the balance with other County services over a decade ago when there was a police presence in the rural areas. "And things have changed. Cars are designed to go faster on narrow winding roads, trucks can carry more weight, criminal activity looks for the easiest place to operate, population increased and with it more pedestrian and bike traffic and the need for vigilance for terrorism. And with these changes comes the need for more, not less police presence. 286 September 20, 2005 "The relationship between the Sheriff and the County Legislature is no different than the relationship between the Highway Superintendent and the Town Board. The Sheriff and the Highway Superintendent have responsibilities set by law but the Town Board and County Legislature sets their budgets and controls their ability to perform their elected responsibility. In both cases when budgets are cut too much, these elected officials just can't keep up and the public is not served and, in the case of the Sheriff, are unnecessarily put in harms way. "Please don't respond to this request by challenging me to find the money. I don't have the necessary perspective of your budget. But I do know that your budget choices have unintended consequences especially in the Sheriffs department. They are: Reduced proactive law enforcement throughout the County Non-uniform police presence with rural areas receiving a disproportionate brunt of the burden A public that is less safe "You may not have been aware of these consequences before, but now that you do you must act. I ask. I urge you to add three more deputies to the Sheriffs budget in 2006 and make this a down payment to the necessary road patrol staffing to protect your constituents". Cathy Valentino, Town of Ithaca Supervisor, read the following letter she received from Gary Fisher, Town of Enfield Supervisor, to the Legislature and stated she was in agreement with its contents. "One of the most basic requirements of government upon which there is common agreement is to provide security and protection to its citizens. This is most frequently done in Tompkins County through the deployment of the Sheriff's Department. Additional tasking of the Sheriff's Department in recent years appears to have resulted in a decreased presence in the Sheriff's Department road patrols in some areas of our County. Living in a rural area, I understand and expect that response to an emergency would take some time, yet, as the population increases and additional tasking is undertaken I believe it becomes more difficult for the Sheriff and deputies to prioritize and respond appropriately. As a result, the Sheriff's Department necessarily limits patrol areas to be able to expeditiously respond to any area of the County when needed with resources available. "In some areas of the County the Sheriff's Department is noticeably absent for extended periods. While intense management may help it appears that additional manpower is needed. It is my understanding that you have been previously appraised of the suggested increase in deputies and have been unable to fund the positions. I thoroughly understand that passionate and compelling arguments are made to you for the scarce tax dollars each year as you prioritize and approve appropriations for various departments and programs. I also understand that each of you no doubt believe that certain departments and programs should be fully funded and perhaps receive over target requests. Yet, the reality is that you must prioritize every proposed appropriation based on its necessity. "Finally, I applaud your efforts especially this year, to limit the County's property tax and believe you will show leadership in holding to the established budget targets. As you go through the budget process over the next several months I would appreciate your aggressive effort to look at and analyze every department program request, including the Sheriff's Department with an eye to finding funds sufficient to support hiring additional Sheriff's Department deputies without breaking budget targets or increasing taxes." Ms. Valentino said the need for deputies in Tompkins County is very serious and urged Legislators to look closely at the budget and try to find the finance to provide adequate police protection. Steven Farkas, Town of Lansing Supervisor, spoke on behalf of Steve Trumbull, President of the Municipal Officials Association, and read the following letter into the record: 287 September 20, 2005 "Dear Tompkins County Legislature: "I am writing this letter in support of the Sheriff's Department for three more deputies in the 2006 budget. The Committee formed to study this issue has concluded that our Sheriff is short-staffed and really needs eight deputies and two supervisors to more thoroughly perform the function. Increased demands on other services has lessened the ability to shift Department to enforce the law of our County in rural areas. Some of these areas (less populated) bare the brunt of the deficiencies. The Town of Dryden believes it is not our responsibility to provide our own law enforcement or that of any other town in our County. The County should make police protection and security of our citizens a top priority. Three deputies added to the coming year as well as subsequent years will substantially support the continuing safety of the entire population of the County." Mr. Farkas said this letter represents the feelings of many of the towns in Tompkins County and hopes it will be strongly considered during the budget process. Ric Dietrich, Town of Danby Supervisor, spoke concerning staffing at the Tompkins County Sheriff's Office. He said he supports the statements and request made by Supervisor Barber earlier in the meeting. Mr. Dietrich questioned whether cutting funding to a program results in "gutting" the program to a level at which it is no longer functioning. He also said the rural areas feel there is a disproportionate level of concern which is the result of density issues. He asked the Legislature, in its diligence to come up with a reasonable tax rate, to find a way to support funding for the Sheriffs Department. Doug Austic, Town of Ulysses Supervisor, said the issue of the level of law enforcement by the Sheriffs Department is a subject that comes up all of the time with the towns. He said he supports the request by the towns to get more rural law enforcement support. Tim Joseph, Chair, responded to the comments made this evening and stated it was never County Legislators who first suggested that towns might pay for patrols from the Sheriff's department. He said it was town supervisors who made the statement that they understood the County's budget constraints and asked if they could contribute towards getting more patrols. The County then took this question to a subcommittee of the intermunicipal cooperation group. Mr. Joseph said when the Committee said the County should hire more deputies that was not intermunicipal cooperation and was inappropriate for that group. He stated the input from municipal officials, both as citizens and as leaders of town governments, about what services they feel the County should provide and at what levels, is welcomed. He said consideration would be given to that as well as all other input the Legislature receives as the 2006 budget is developed. Mr. Joseph noted that the speakers this evening have asked the County to increase services without increasing taxes, and stated this is the dilemma the members of this Legislature face as it proceeds through the process. Mr. Totman, District No. 9 Legislator, recalled a survey conducted 15 years ago that produced results that showed the two top priorities of residents of Tompkins County being public safety and highways. He stated he agrees with those priorities. Ms. Schuler, District No. 4 Legislator, responded to Mr. Totman's comments and stated she felt that survey could have been written more objectively. Mr. Lane, District No. 14 Legislator, agreed with the opinion of local leaders that there are not enough Sheriffs deputies on the road. He said what he believes municipal officials are saying in unison is something symptomatic of a real change in Tompkins County. This County has become more and more urbanized even in some of the rural areas. More density and population means that there is a greater demand for services and police service is one of those. Mr. Lane said some of the big towns are going to have to be looking at this issue in order to get the level of police protection that their citizens are 288 September 20, 2005 looking for. He said this is a difficult issue that will not go away and will need to be discussed during budget deliberations. Ms. Robertson, District No. 13 Legislator, referred to a document that was produced by County Administration in preparation for budget discussions entitled "Fiscal Target History" from 1998-2006 for all departments. The document includes actual figures through 2005 and shows percentage changes. During that period there have the been the following changes: youth services has gone down by 17 percent; highway spending has gone up by 42 percent; and Sheriff's Office spending has gone up by 91 percent. She also noted an additional deputy was added in 2005. County spending overall during that period has gone up by 55 percent; therefore, it appears that public safety has been a priority of this Legislature in terms of the dollars spent. Mr. Dietrich said he would like information on amount of services being provided to the rural areas, specifically the job duties and number of road patrols the Sheriffs Office was engaged in over that period of time. He said due to a large number of pressures placed on all of the officers, the amount of work needs to be looked at as well as the amount of service being provided to the rural towns. Ms. Valentino said while the information presented by Ms. Robertson is interesting, percentages can be very deceiving; therefore, caution should be used when using them as a reference. Mr. Proto, District No. 7 Legislator, said the message he is hearing is about prioritizing. He said some Legislators have asked for and have accomplished small successes in adding deputies. Mr. Proto said he believes the County in its zeal to do planning and extend its grasp in land use control, also needs to be perceptive of how that affects every area in the community. A number of years ago the County adopted a mission and vision statement for this Legislature. The County then passed a Comprehensive Plan which he opposed because of the lack of financial forecasting and impacts on all of the areas. The concern he has had is that planning seems to be done for certain segments and with a certain bias to get certain goals accomplished. Later this evening there will be a discussion about empire zones and one piece of the SEQR (State Environmental Quality Review) statement indicates that one of the impacts is the increase in public services that are going to be needed for utilities, roads, and policing. He also spoke of the 1991 survey and said there were 2,500 responses to the 6,000 surveys distributed and also noted Cornell University assisted in development of the questions. He recalled the priorities being identified in the following order: public safety, health care, public works, and education. Ms. Blanchard, District No. 1 Legislator, agreed with the comments made earlier by Mr. Dietrich and stated the additional responsibilities the deputies have are significant. The Public Safety Committee received an extensive presentation several years ago by Joe Vitale, Undersheriff, about the additional demands the Sheriffs Department has because of Homeland Security. Ms. Blanchard said a great deal of the increased funding in the public safety area has gone to the County's emergency response program. Although that program is critical for the residents of this County as it improves communications between first responders, it does not put additional deputies on the roads. Mrs. McBean-Clairborne, Public Safety Committee Chair, said she appreciates Mr. Barber's comments and work with the intermunicipal group studying the level of police services. She said she has heard of the additional responsibilities the Sheriffs Department and its employees have and noted this is a common problem shared by all County departments. This Legislature is hearing the same complaint from many of those departments and has to deliberate those needs along with priorities. Mrs. McBean-Clairborne spoke of the numbers referred to by Ms. Robertson and said sometimes numbers don't tell the entire story. She said this is a very tough budget year and has loudly heard the outcry that residents cannot take on additional tax burdens. She said she would like to see more deputies and more workers in County departments but is also realistic of the constraints and the pleas the public has made to this Legislature to not increase property taxes. 289 September 20, 2005 Ms. Robertson responded to Ms. Valentino's comments and agreed that in looking at budgets the total dollar need to be looked at in addition to percentages. She said she feels it is important that people know the County is spending more total dollars, as well as total percentages in public safety, and all of those funds are local dollars. Ms. Robertson requested that the fiscal -target history be placed on the County's website. Ms. Valentino thanked the Legislature for its work and said municipalities appreciate the work each Legislator puts into their job on behalf of the community. She also stated she is working on a proposal that will show a way to save money on H.A.V.A. (Help American Vote Act) while meeting all of the requirements of the law. Mr. Todd, District No. 6 Legislator, said he chaired the Fiscal Affairs Committee in 1991 which undertook the County Services Study mentioned by Ms. Schuler. He said the survey was produced by an individual from Cornell University and that there were 2,000 surveys distributed and 1,600 responses received. Law enforcement was the number one issue and roads and bridges were second. He noted that at the time of the survey there had been a recent quadruple murder in Dryden which he believes may have influenced the outcome with regard to public safety. Chair's Report Mr. Joseph reported on the recent New York State Association of Counties conference he attended. One of the workshops was about the Medicaid cap and what it means for counties and as they went through the numbers with NYSAC staff it was made clear that the cap was better than counties thought in a number of ways as the 2005 base is always used in the calculation. As you get a number of years out it can make a lot of difference; the cap also means that any new Medicaid spending has no cost to the County. Mr. Joseph said the cap is turning out to be a victory for counties and can have a substantial impact on budgets and how counties do business. Mr. Joseph also reported he attended an inter -county breakfast at which the speaker was from the State Commission of Correction. He said he provided the representatives and others in attendance with the graph that was distributed at the last Legislature meeting. Those in attendance expressed their anger and feel that the Commission had overstepped its bounds and does not have authority to set sizes of jails. Those in attendance also expressed their feelings that the Commission should go back to being cooperative with counties and help to solve problems instead of imposing size requirements that counties feel they have no authority to do. He said he was also told that in the Executives and Administrators meeting there was discussion of making the issue of parolees in county jails one of NYSAC's highest priorities. Mr. Joseph said he spoke with Bill Steinhouse, Dutchess County Executive, who said that County has made an issue out of the pressure they are under to build a jail and wouldn't need a jail if they didn't have so many parolees. They also discussed joining together and making this an issue to tackle together. Report from the County Administrator Mr. Whicher had no report. Report from the County Attorney Mr. Wood had no report Report from the Finance Director Mr. Squires had no report. 290 September 20, 2005 Addition of Resolution(s) to the Agenda On motion and duly seconded and unanimously adopted by voice vote by members present, the following resolution(s) were added to the agenda: Authorization to Execute Contracts — Software Implementation and Maintenance for Electronic Document Management System — Board of Elections Authorizing Change in Court Attendants Hourly Reimbursement Rate In Support of National Veterans' Cemetery — Sampson State Park Mr. Proto requested an executive session later in the meeting to discuss Tompkins Consolidated Area Transit, Inc. contract negotiations. Withdrawal of Resolution(s) from the Agenda There were no resolution(s) withdrawn from the Agenda. Approval of Resolution(s) Under the Consent Agenda It was MOVED by Mr. Booth, seconded by Ms. Schuler, and unanimously adopted by voice vote by members present to approve the following resolution(s) under the Consent Agenda: RESOLUTION NO. 180 - BUDGET ADJUSTMENTS — VARIOUS DEPARTMENTS MOVED by Mr. Booth, seconded by Ms. Schuler, and unanimously adopted by voice vote by members present under the Consent Agenda. RESOLVED, on recommendation of the Facilities and Infrastructure; the Planning, Development and Environmental Quality; and the Budget and Capital committees, That the Director of Finance be directed to make the following budget adjustment on his books: Solid Waste Revenue Acct Title Amt Approp Acct Title(s) CL909 Solid Waste Fund Balance $3,500 CL8164.52220 Departmental Equipment Explanation: Funds needed for additional purchase of recycling bins. Planning Revenue Acct Title Amt Approp Acct Title(s) 8027.42797 Other Local Government $16,000 8027.54440 Program Expense Explanation: Flood Hazard Mitigation funds coming from Tompkins County Soil and Water Conservation District to cover the Needs Assessment in Fall Creek. SEQR ACTION: TYPE 11-20 RESOLUTION NO. 181 - AUTHORIZING ACCEPTANCE OF A 2005 FEDERAL SMALL COMMUNITY AIR SERVICE DEVELOPMENT PROGRAM GRANT - ITHACA TOMPKINS REGIONAL AIRPORT MOVED by Mr. Booth, seconded by Ms. Schuler, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the Tompkins County Legislature has created the Air Service Committee in part to look into ways to improve air service at the Ithaca Tompkins Regional Airport, and 291 September 20, 2005 WHEREAS, the Air Service Committee has embarked on a number of initiatives towards that end, and WHEREAS, one of those initiatives was to apply for a 2005 grant from the Federal Small Community Air Service Development Program; said grant to be used to assist with air service marketing and development, and WHEREAS, the application was successful and the County has received a grant offer from the United States Department of Transportation (USDOT) in the amount of $500,000 to be used in various ways over a three-year period to improve air service at the Ithaca Tompkins Regional Airport, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the grant offer of $500,000 from the USDOT be and hereby is accepted and that the County Administrator is authorized to execute the required documents. SEQR ACTION: TYPE II -20 RESOLUTION NO. 182 - ACCEPTANCE OF LEGISLATIVE INITIATIVES GRANT FOR PERSONAL EMERGENCY RESPONSE SYSTEM (PERS) MACHINES - TOMPKINS COUNTY OFFICE FOR THE AGING (COFA) MOVED by Mr. Booth, seconded by Ms. Schuler, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the Tompkins County Office for the Aging administers a Personal Emergency Response System (PERS) to help seniors and disabled County residents remain safely in independent living, and WHEREAS, many of Tompkins County Office for the Aging's PERS machines are very old and irreparable, and WHEREAS, a number of individuals needing and seeking such machines continues to rise, and WHEREAS, Tompkins County Office for the Aging has been awarded a Legislative Initiatives Grant in the amount of $10,000 to purchase approximately fifty-two (52) machines, now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, That the County hereby accepts this grant of $10,000, RESOLVED, further, That the Finance Director is authorized to make the following adjustments to his books: REVENUE: A6787.43803 State Revenue $10,000 APPROPRIATION: A6787.52219 PERS Units $10,000 SEQR ACTION: TYPE 1I-20 Report and Presentation of Resolution(s) from the Planning, Development and Environmental Quality Committee Ms. Herrera, Chair, reported the Committee met prior to this meeting and will meet again on October 5th at 2:30 p.m. She said the New York State Governor's Office has announced Tompkins County has been awarded a grant in the amount of $600,000 to assist 22 families to become first-time homeowners. These funds are from the Department of Housing and Urban Development Small Cities Community Development Block Grant program and are administered by the State. This grant represents the continuing effort on behalf of the Planning Department to assist first-time home buyers in Tompkins County. 292 September 20, 2005 RESOLUTION NO. 183 - MAKING A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE IN RELATION TO RESOLUTION NO. 184 OF 2005 ("EMPIRE ZONE" LOCAL LAW) MOVED by Mr. Lane, seconded by Mr. Penniman. Mr. Proto said the Environmental Impact Statement (C-7 Part II) does speak to the increased demand for services such as energy, water, sewer, fire, and police protection in the proposed empire zone. Mr. Lane said most of the empire zones are located in urbanized areas, many of which have a higher level of police protection. Mr. Proto said two of the zones are in Lansing and this evening the Town Supervisor is in attendance and asking for more law enforcement services. Ms. Herrera spoke with regard to this particular resolution because the information she has been provided with is troubling, for example, placing manufacturing near the inlet. Because the details will not be available for several years she would like to be recorded as being concerned and watchful. Mr. Todd said he opposes this because of the tax abatement and said Tompkins County has more jobs than people. He said he could support this if Tompkins County had an unemployment problem or a lack of jobs. A voice vote on the resolution resulted as follows: Ayes — 10; Noes - 4 (Legislators Herrera, McBean-Clairborne, Proto, and Todd); Excused - 1 (Legislator Kiefer). RESOLUTION ADOPTED. WHEREAS, in Resolution No. 184 of 2005, the County Legislature would adopt a local law authorizing application for designation of certain areas within Tompkins County as an Empire Zone, 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. 184 of 2005 is an Unlisted action, RESOLVED, further, That the Tompkins County Legislature hereby makes a negative declaration of environmental significance in regard to Resolution No. 184 of 2005. SEQR ACTION: Unlisted (Short Environmental Assessment Form is on file in Clerk's office) RESOLUTION NO. 184 — ADOPTION OF LOCAL LAW NO. 5 OF 2005 — A LOCAL LAW AUTHORIZING THE COUNTY OF TOMPKINS TO MAKE APPLICATION FOR DESIGNATION OF CERTAIN AREAS WITHIN THE COUNTY OF TOMPKINS AS AN EMPIRE ZONE (SUPERSEDES LOCAL LAW NO. 7 OF 2002) MOVED by Mr. Lane, seconded by Ms. Blanchard. Ms. Blanchard said she has been very involved in the preparation of the application for designation of the empire zone to supplement the work that is being done by Tompkins County Area Development (TCAD) staff. She said everyone received a packet today that contains information in the changes in zone legislation. She spoke of the changes in the zones and said there is no longer any property tax benefit of being in the zone. The benefits to businesses located in the zones are based entirely on tax credits that are applied to their corporate income tax and those are determined by the value of the wages and benefits that they pay their employees with a cap of $10,000 per employee. The other major change from the application that was made in 2002 was this time the County is restricted to no more than six areas that are able to be included in the zone; last time thirteen areas were identified. She said the municipalities in which the proposed zones are located all approve of the zones and have passed resolutions supporting the application. She also said out of the 11 293 September 20, 2005 counties that are now included in the Zone legislation and Chinatown, only three applications will be approved. She said she does not expect Tompkins County to be in the first wave of zone designations. Mr. Proto referred to the General Municipal Law and the Statement of Findings and the statement contained there in "It is hereby found and declared that there exists within the State certain areas characterized by persistent and pervasive poverty, high unemployment, limited new job creation, a dependence on public assistance income, dilapidated and abandoned industrial and commercial facilities and shrinking tax bases. These severe conditions require State government to target for these areas extraordinary economic and human resource development programs in order to stimulate private investment, private business development, and job creation". Mr. Proto also highlighted the following "To be eligible for designation as an empire zone an area must be characterized by pervasive poverty, high unemployment, and general economic distress, must correspond to traditional neighborhood or community boundaries and where appropriate, be bounded by man-made highways....". He said according to the most recent census data available the area must have a poverty rate of at least 20 percent for the year to which the data relate and Tompkins County's poverty rate with the 2000 census was 17.63 percent. The second is an unemployment rate of at least 1 1/4 times the Statewide unemployment rate for the year to which the data relate and Tompkins County's unemployment rate in that same year was 5.77 percent. Mr. Proto said Tompkins County is regarded as a low unemployment community which some have said is a distortion because of the student population; however, the students were also counted under the poverty section in the census because of their low income. The legislation also provides sales - tax exemptions, credits against income tax on empire zone corporate stock, a reduction in utility costs, and other exemptions pursuant to the tax laws. He also spoke of the composition of the oversight committee and how administrative funds will be administered and said he has questions relating to that area. In his opinion it will be the local taxpayer who will end up paying for the credit that will be given and stated these are some examples of why this is not read and why he cannot support this. Ms. Herrera, as Chair of the Planning, Economic Development, and Environmental Quality Committee, said she has seen the Empire Zone legislation come forward several times and she has supported it. However, there have been two projects that have come forward that have utilized the policy and she has seen the unintended consequences to well-meaning legislation and that has caused her to worry about the empire zone. She suggested for individuals to view her blog at www.herreraforithaca.com and stated she cannot support this resolution because she is concerned that under the Density Policy the County will have very little control. Ms. Blanchard said the reason the County tried hard to get into the Empire Zone legislation is because Tompkins County was suffering from being the only County in the Southern Tier Central New York area that did not have an Empire Zone. She said it is difficult to do things such as targeting a marketing program to provide good jobs. She agreed with Mr. Proto that Tompkins County is lacking in meeting the criteria and that is why she doesn't expect Tompkins County to be designated as an Empire Zone until the last round. Mr. Winch said he will not support this and recalled the original Empire Zone legislation and his feeling that Tompkins County would not qualify. He continues to believe there are high-tech businesses here because of an association with Cornell University and will continue to do so. Mr. Winch said a lot of people complain about government getting bigger and this is an example of counties doing that. Mr. Lane said Tompkins County has many people who struggle to get by and this will provide more good -paying jobs. Ms. Robertson thanked Ms. Blanchard for putting this proposal together and said she will vote in favor of it. 294 September 20, 2005 It was MOVED by Mr. Proto to amend the proposed local law by deleting the following "That the Chair of the Board shall be the Commissioner of Planning". Mr. Wood advised that this would be a substantive change and would require a new public hearing. MOTION FAILED DUE TO LACK OF A SECOND. It was MOVED by Mr. Proto to postpone action on this resolution. MOTION FAILED DUE TO LACK OF A SECOND. Mr. Penniman said these are complex issues and feels the County Planning Commissioner is the appropriate person to oversee this. A roll call vote on the resolution resulted as follows: Ayes - 9 (Legislators Blanchard, Booth, Joseph, Koplinka-Loehr, Lane, Penniman, Robertson, Schuler, and Totman); Noes - 5 (Legislators Herrera, McBean-Clairborne, Proto, Todd, and Winch); Excused - 1 (Legislator Kiefer). RESOLUTION ADOPTED. WHEREAS, a public hearing has been held before the Tompkins County Legislature on September 20, 2005, to hear all persons interested in proposed Local Law No. 5 of 2005, now therefore be it RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee, That Local Law No. 5 of 2005 — A Local Law Authorizing the County of Tompkins to Make Application for Designation of Certain Areas Within the County of Tompkins as an Empire Zone (supersedes Local Law No. 7 of 2002) 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 (20) days file one certified copy in the office of the County Clerk, and one copy with the Secretary of State. SEQR ACTION: Unlisted (Short Environmental Assessment Form on file in Clerk's office) Recess Mr. Joseph declared recess from 7:41 p.m. to 7:53 p.m. Happy Birthday wishes were extended to Legislator McBean-Clairborne. Report and Presentation of Resolution(s) from the Budget and Capital Committee Mr. Koplinka-Loehr, Chair, said most of the items discussed at the last Committee meeting are reflected in the resolutions this evening. He announced the public forum on the proposed Tompkins County Budget will be held on September 26 at Boynton Middle School. He also announced the Committee meeting scheduled for September 27th has been canceled. RESOLUTION NO. 185 - AUTHORIZING CHANGE IN COURT ATTENDANTS HOURLY REIMBURSEMENT RATE MOVED by Mr. Koplinka-Loehr, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present. WHEREAS, the New York State Unified Court System and the Office of Supreme and County Court Clerks have authorized an increase in the base hourly rate for Court Attendant's, and 295 September 20, 2005 WHEREAS, it is recommended that regular Court Attendants be reimbursed at the rate of $7.40 per hour and where extra responsibilities are warranted, such as assignment to magnetometer support, Family Court calendars, and courtroom coordination duties, Court Attendants are authorized to receive $8.40 per hour, and WHEREAS, a minimum of one hour's pay will be paid to any Court Attendant reporting for duty and time -and -one half rates will be paid for over forty hours per week, now therefore be it RESOLVED, on recommendation of the Budget and Capital Committee, That the Tompkins County Legislature authorizes changing the Court Attendants base hourly rate retroactive to April 1, 2005, from $7.11 to $7.40 and from $8.11 to $8.40 for extra responsibilities. SEQR ACTION: TYPE II -20 RESOLUTION NO. 186 - A RESOLUTION APPROVING AN AMENDMENT TO THE RESIDUAL CERTIFICATE ISSUED BY THE TOMPKINS TOBACCO ASSET SECURITIZATION CORPORATION MOVED by Mr. Koplinka-Loehr, seconded by Ms. Robertson. Mr. Lane spoke against this resolution and stated he doesn't feel the County should adopt this because it means giving up future payments. He said he does not believe the tobacco companies are going to go out of business. Mr. Penniman said he voted against this the first time; however he now feels the benefit seems better now and there is a lot of uncertainty about the stability of the tobacco companies. A roll call vote on the resolution resulted as follows: Ayes — 10; Noes - 4 (Legislators Joseph, Lane, McBean-Clairborne, and Proto); Excused - 1 (Legislator Kiefer). RESOLUTION ADOPTED. WHEREAS, the County of Tompkins (the "County") has previously entered into a Purchase and Sale Agreement with the Tompkins Tobacco Asset Securitization Corporation (the "LDC") dated as of October 15, 2000 (the "Purchase and Sale Agreement") pursuant to which the County sold its rights, title and interest in and to the Tobacco Settlement Revenues (as defined in such Agreement), and WHEREAS, the LDC issued its Tobacco Settlement Asset -Backed Bonds, Series 2000 (the "Series 2000 Bonds") pursuant to an Indenture with Manufacturer's and Traders Trust Company, as Trustee, dated as of December 1, 2000 (the "Indenture") to fund the purchase of the Tobacco Settlement Revenues from the County, and WHEREAS, the LDC has also issued a Residual Certificate pursuant to the Indenture and deposited same into a statutory trust established under the laws of the State of Delaware designated Tompkins TASC Residual Trust (the "Residual Trust") and caused an undivided beneficial interest in the Residual Trust to be conveyed to the County (the `Beneficial Interest"), and WHEREAS, the County's Beneficial Interest in the Residual Trust includes the right to receive all Tobacco Settlement Revenues in excess of the amounts necessary to pay the principal of and interest on the Series 2000 Bonds, the expenses of the LDC, the expenses of the Indenture Trustee for the Series 2000 Bonds and any amounts necessary to maintain the reserve funds required to be maintained by the Indenture, and WHEREAS, a rating downgrade of RJ Reynolds Tobacco Holdings, Inc. as well as an increase in market share of non -participating tobacco manufacturers has resulted in Trapping Events under the Indenture, and WHEREAS, as a result of such Trapping Events the County has not received any payments from the Residual Trust since 2002 and it is unlikely that the County would receive any residual payments over the next several years as a result of the likely continuation of at least one of these Trapping Events, and WHEREAS, it is proposed that the LDC refund the Series 2000 Bonds by the issuance of new bonds (the "Series 2005 Bonds) providing for an up -front payment to the County of the residual payments which would otherwise be trapped, and 296 September 20, 2005 WHEREAS, in order to secure to present generations a portion of the benefits intended to be conferred by the Tobacco Settlement Revenues, it is necessary or desirable for the County to authorize an amendment to the Residual Trust and Residual Certificate, as well as the Purchase and Sale Agreement, now therefore be it RESOLVED, by the County Legislature of the County of Tompkins, as follows: Section 1. An amendment to the Residual Certificate (to provide for payment thereunder from Tobacco Settlement Revenues only when the Series 2005 Bonds are no longer outstanding), is hereby authorized in exchange for the delivery to or upon the order of the County of the net proceeds of the Series 2005 Bonds after (A) payment of an amount sufficient to legally defease the Series 2000 Bonds, (B) payment of all costs, fees, credit and liquidity enhancements, costs of issuance, and other expenses of the LDC, and (C) the funding of all reserves funds, debt service accounts for the payment of capitalized interest, and other pledged funds which may be necessary or desirable in connection with the issuance of the Series 2005 Bonds. Any related necessary or advisable amendments to the Purchase and Sale Agreement are also authorized. Section 2. The Chair of the County Legislature and the County Finance Director, or either of them, is hereby further authorized to execute and deliver, on behalf of the County, such other agreements, instruments or authorizations, including amendments to the Purchase and Sale Agreement, as may be contemplated by, or necessary or advisable to consummate or otherwise give full effect to, this resolution, and which are deemed necessary or desirable to effectuate the transactions contemplated by this resolution and to perform all acts and do all things required or contemplated to be performed or done by this ordinance or by any agreement, instrument or authorization approved, contemplated or authorized hereby. Section 3. The County hereby pledges to and agrees with the LDC and the holders of any bonds, notes and other obligations (hereinafter the "Bonds") of the LDC including without limitation the Series 2005 Bonds that the County will not limit or alter the rights of the LDC to fulfill the terms of its agreements with the holders of the Bonds or in any way impair the rights and remedies of such holders or the security for the Bonds until the Bonds, together with the interest thereon and all costs and expenses in connection with any action or proceeding by or on behalf of such holders, are fully paid and discharged. The Legislature further hereby delegates to the County Finance Director or his designee(s) the power to make, ratify and confirm such pledge to and agreement with the LDC and the holders of its Bonds to be made or enforced. The LDC is hereby authorized to include in any agreement with or for the benefit of the holders of its Bonds the pledges and agreements made by this Legislature and by the County Finance Director on behalf of the County pursuant to this Section. Section 4. This resolution shall take effect immediately. SEQR ACTION: TYPE 11-20 RESOLUTION NO. 187 - RATIFICATION OF THE BARGAINING AGREEMENT — CSEA WHITE COLLAR, LOCAL 1000 AFSCME, UNIT #8900-01 MOVED by Mr. Koplinka-Loehr, seconded by Mr. Winch. A short roll call vote resulted as follows: Ayes - 13, Noes - 1 (Legislator Booth), Excused - 1 (Legislator Kiefer). RESOLUTION ADOPTED. WHEREAS, Tompkins County's CSEA White Collar employees have been working without a contract since January 1, 2005, and WHEREAS, the County and the union have been negotiating a successor collective bargaining agreement since October 5, 2004, and have rendered a tentative agreement that specifies a change in the prescription drug formulary and salary increases, now therefore be it RESOLVED, on recommendation of the Negotiating Committee, That the collective bargaining agreement between Tompkins County and CSEA Local 1000 AFSCME, Unit #8900-01, is hereby ratified for January 1, 2005, through December 31, 2007, 297 September 20, 2005 RESOLVED, further, That the salary increases will be two percent from January 1, 2005, through December 31, 2005, three and one-half percent from January 1, 2006, through December 31, 2006, and three percent from January 1, 2007, through December 31, 2007, RESOLVED, further, That effective January 1, 2006, prescription drug coverage for employees covered by this agreement shall transfer from a two-tier ($2 and $10) prescription drug formulary to a three-tier prescription drug coverage system that will include employee co -payments at the levels of $5 (generic), $10 (preferred brand name), and $25 (non -preferred brand name). SEQR ACTION: TYPE I1-20 Report and Presentation of Resolution(s) from the Government Operations Committee Mr. Lane, Chair, reported the Committee met prior to this meeting to approve a resolution on the agenda. Earlier this evening Supervisor Valentino mentioned a proposal she is working on with regard to the Help America Vote Act and elections expenses in the towns. Mr. Lane said the Committee will be glad to hear Ms. Valentino's suggestions. The Committee will meet tomorrow at 2:30 p.m. RESOLUTION NO. 188 - AUTHORIZATION TO EXECUTE CONTRACTS - SOFTWARE IMPLEMENTATION AND MAINTENANCE FOR ELECTRONIC DOCUMENT MANAGEMENT SYSTEM — BOARD OF ELECTIONS MOVED by Mr. Lane, seconded by Mr. Proto, and unanimously adopted by voice vote by members present. WHEREAS, the Tompkins County Board of Elections researched alternatives with the assistance of the Tompkins County Information Technology Services Department (ITS) to implement a comprehensive Electronic Document Management System (EDMS) designed to image and index all paper records related to voter files and meet New York State Board of Elections imaging and retention requirements, and WHEREAS, it is most effective that such an EDMS be integrated with the voter management software (TEAM 2000/Sign-It) currently provided by NTS Data Services, and WHEREAS, the ability to develop or purchase an EDMS module with integration capabilities could not be provided by alternative vendors or ITS, and NTS Data Services, LLC has been deemed the only qualified vendor to provide such services, and WHEREAS, the Tompkins County Board of Elections has secured a SARA Grant for the purchase, installation, and training price of the EDMS, and WHEREAS, NTS Data Services, LLC, a New York Limited Liability Company has submitted a proposal to provide such services for their integrated software known as Image -It!, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the contract be awarded to NTS Data Services, LLC, of Niagara Falls, New York, RESOLVED, further, That a contract not to exceed $41,963.00 be awarded for software purchase, installation and training funded as follows: Image -It! Software $34,863.00 SARA grant Installation and Training (3 days training) $ 7,100.00 SARA grant Total Contract Cost $41,963.00 RESOLVED, further, That a five-year software maintenance and support agreement commencing on January 1, 2006 for four additional years at a cost not to exceed $5,229.45 per year for the support of Image It! to be paid for from local funds on an annual basis, RESOLVED, further, That the County Administrator or his designee is authorized sign any agreements pertaining to this contract. SEQR ACTION: TYPE 11-20 298 September 20, 2005 Report from the Public Safety Committee Mrs. McBean-Clairborne, Chair, had no report. The next meeting will be October 6th at 2 p.m. Report from the Workforce Diversity and Inclusion Committee Mrs. McBean-Clairborne, Chair, reported the Committee will meet September 28th at 3:30 p.m. She said Committee members met with department heads last week to familiarize them with the process of the Workforce Diversity and Inclusion Committee is following. Report from the Facilities and Infrastructure Committee Mr. Penniman, Chair, reported the Committee met a week ago. Although he was not in attendance at that meeting the Committee discussed the 20 -year Capital Program and the resolution honoring Daniel Karig. Report and Presentation of Resolution(s) from the Health and Human Services Committee Ms. Robertson, Chair, reported the Committee met on September 7th. She reported the grant the County received for $10,000 for Personal Emergency Response Service machines was initiated by Assemblywoman Barbara Lifton. The Committee received a report from the Health Department on the incident that caused many people to get sick after being exposed to water from sprinkler at a park in Seneca County. Of the thousands of cases Statewide, 62 of them were from Tompkins County. She noted the water dispersed from the sprinklers at Stewart Park is not recycled as it was in Seneca County. Ms. Robertson also reported that the Committee will be getting monthly reports on the Biggs building and the work the Facilities Division is doing to help mitigate air quality problems. The next meeting will be October 5th. RESOLUTION NO. 189 — APPROPRIATION FROM CONTINGENT FUND — TERMINAL PAY — HEALTH DEPARTMENT MOVED by Ms. Robertson, seconded by Mr. Booth. A short roll call vote resulted as follows: Ayes - 14, Noes - 0, Excused - 1 (Legislator Kiefer). RESOLUTION ADOPTED. WHEREAS, the Health Department had an Administrative Coordinator, Community Health Nurse and Public Health Sanitarian resignations effective May 12, 2005, June 10, 2005 and June 30, 2005, respectively, 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 Contingent Fund $ 23,173 TO: A4010.51000674 Administrative Coordinator $ 11,805 A4010.58800 Fringes $ 4,604 A4016.51000580 Community Health Nurse $ 2,841 A4016.58800 Fringes $ 1,108 A4090.51000595 Public Health Sanitarian $ 2,025 A4090.58800 Fringes $ 790 SEQR ACTION: TYPE II -20 299 September 20, 2005 Report from the Air Services Task Force Ms. Blanchard, Chair, reported the meeting scheduled for September 19th was postponed to September 28th. She announced the Task Force will be holding a retreat for the purpose of developing a strategy with regard to the air services grant. Individual Member -filed Resolution(s) RESOLUTION NO. 190 - ACCEPTING COUNTY ADMINISTRATOR'S BUDGET MOVED by Mr. Todd, seconded by Mr. Legislators that although they appreciated Mr. Legislature needed to address before any budget Ayes - 2 (Legislators Todd and Totman); Noes - FAILED. Totman. There was a feeling expressed by various Todd's intentions, that there were issues the full could be adopted. A voice vote resulted as follows: 12; Excused - 1 (Legislator Kiefer). RESOLUTION WHEREAS, by Resolution No. 117 of 2005 this Legislature charged the County Administrator with producing a recommended budget for 2006 that does not increase the tax levy for 2006 above the 2005 tax levy, and WHEREAS, on September 1, 2005, the County Administrator submitted a proposed budget which satisfied the charge of the Legislature, and WHEREAS, this proposed budget (which is also the tentative budget under State Law) preserves the interest of County residents by not increasing the tax levy, now therefore be it RESOLVED, That the Legislature will adopt the proposed budget as submitted by the County Administrator and there will be no additional funds allocated to any program unless the funding for another program is diminished in at least an equal amount. SEQR ACTION: TYPE II -20 RESOLUTION NO. 191 - IN SUPPORT OF NATIONAL VETERANS CEMETERY - SAMPSON STATE PARK MOVED by Mr. Proto, seconded by Mr. Winch, and unanimously adopted by voice vote by members present. WHEREAS, more than 200,000 veterans of World War II, Korea, Vietnam, the Gulf War, Panama, Haiti, Bosnia, Iraq, and Afghanistan, call the Finger Lakes Region their home, and WHEREAS, more than 7,000 veterans live in Tompkins County, and WHEREAS, it is appropriate to ensure that those who have served this country nobly are given every honor and service due them, and WHEREAS, the National Cemeteries in New York are either full or will reach capacity by perhaps as early as the year 2025, and WHEREAS, Congress has authorized initial funding for establishing additional cemeteries with State government bearing the future costs of operating and maintaining the facility, and WHEREAS, the effort for this legislation both at the Federal and State levels was initially encouraged by United States Senator Alfonse D'Amato, New York State Senators Michael Nozzolio, James Seward, and Randy Kuhl, and Assemblyman Martin Luster, and WHEREAS, the former Sampson Naval Base, and Air Force Facility (Sampson State Park) in Seneca County was identified and encouraged as a Central New York State site, and WHEREAS, additional sites have been identified in Staten Island and Plattsburgh, and 300 September 20, 2005 WHEREAS, recent efforts to pursue this initiative through the New York State Veterans' Cemetery Siting Committee and the New York State Division. of Veterans' Affairs have been positive, now therefore be it RESOLVED, That the Tompkins County Legislature add its grateful thanks for the effort, and encourages the identification of the Sampson Naval Base and Air Force Facility (Sampson State Park) as the preferred cemetery site, RESOLVED, further, That the support be communicated to United States Senators Charles Schumer and Hillary Clinton; Congressmen Maurice Hinchey, Sherwood Boehlert, Randy Kuhl; New York State Governor George Pataki; New York State Senators Michael Nozzolio, James Seward, George Winner; and Assemblywoman Barbara Lifton. SEQR ACTION: TYPE I1-20 Approval of Minutes of September 6, 2005 It was MOVED by Ms. Blanchard, seconded by Mr. Booth, and unanimously adopted by voice vote by members present, to approve the minutes of Septernber 6, 2005, as submitted. MINUTES APPROVED. Recess Mr. Joseph declared recess from 8:17 p.m. to 8:22 p.m. Executive Session It was MOVED by Ms. Schuler, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, to enter into executive session at 8:22 p.m. to discuss labor negotiations. The meeting returned to open session at 8:50 p.m. Adjournment On motion the meeting adjourned at 8:50 p.m. 301 October 4, 2005 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 Schuler arrived at 5:54 p.m.). Excused: 1 (Legislator Robertson). Presentation of Proclamation(s) Chair Joseph presented the following proclamations: • Cornell Cooperative Extension Week and National 4-H Week in Tompkins County - Ms. Megan Tifft, 4-H Team Coordinator, and Ms. Lauren Liotti, 4-H Team Ambassador, accepted the proclamation. Ms. Liotti thanked the Legislature and stated 4-H is more than just a fun activity for youth, it provides a great deal of knowledge • Tompkins County Public Library Staff Recognition Day (October 12, 2005) - Ms. Christine Schepker and Ms. Bonnie Wojnowski accepted the proclamation and requested individuals utilize the wonderful facility that is provided. Privilege of the Floor by the Public Shane Seger, City of Ithaca Resident, made the following statement: "I am here to speak in support of the resolution that opposes discrimination by the United States military. "I want to thank Kathy Luz Herrera and Tim Joseph for their leadership in bringing this issue and this resolution to the County Legislature. "A few months ago, members of the Cornell and Ithaca community approached me to help organize a response to a very serious issue. Some local institutions, which operate within our City and our County are not in compliance with local nondiscrimination law because the Federal Government has passed legislation which attaches certain conditions, requirements, or strings if you will, to federal funds that they may receive. "The specific issue that is currently getting the most press because of a pending Supreme Court Case, is the Solomon Amendment, which requires higher education institutions to provide access to students by military recruiters or face the possibility of having federal funds taken away. "As I'm sure you also know, the military perpetuates discrimination in recruiting by barring openly gay and lesbian service members. Institutions that have policies requiring recruiters to not discriminate are put in a difficult position to either turn away millions of dollars of federal funding or facilitate discrimination and be in direct conflict with local nondiscrimination law. (Imagine what a difficult decision you might face if you were a very Targe research institution who depends on hundreds of millions of federal research dollars.) "Through conversations with community members and elected officials, it became clear that the bodies which pass the local laws which are being ignored may want to make a strong statement that they don't condone this discrimination, and that they reaffirm their value of inclusiveness. A statement in the 302 October 4, 2005 form of the resolution that you are considering today would also create awareness around the issue, and serve the purpose of lobbying federal elected officials for change in discriminatory policies such as Don't Ask, Don't Tell. Rescinding this policy would remove the sticky situation our local educational institutions find themselves in. "I encourage you to make this strong statement in support of LGBT [lesbian, gay, bisexual, transgender] members of our community." Privilege of the Floor by Legislators Mr. Winch, District No. 8 Legislator, reported the New York State Association of Environmental Management Councils will meet this weekend. At this event Tompkins County will be receiving a first - place award for their work related to the Open Burning campaign that has been conducted. He congratulated the membership of the Environmental Management Council for their work and noted they previously won an award for the work on Unique Natural Areas. Mr. Proto, District No. 7 Legislator, reported on his concerns regarding utility bills. He called the manager of New York State Electric and Gas Corporation in an attempt to discuss the thirty percent increase in utility costs already seen, and, in particular, how the company is valuing gas stored in the Watkins Glen area. Mr. Proto said this gas was a result of a pipeline in Danby that had a spur to assist in providing a lower cost to local residents. He does not believe in charging a higher price for the gas that is stored at a lower cost. Mr. Proto spoke to a customer service representative of the firm earlier in the week and is awaiting a response. He then spoke of the Universal Service Charge on telephone bills, saying he is still awaiting additional information on a study being conducted by the Public Service Commission. Mr. Proto announced that the union members of Tompkins Consolidated Area Transit (TCAT) ratified their contract agreement over the weekend for a three-year period. He expressed gratitude to the members of the Legislature who participated in negotiations as well as Mr. Joe Turcotte and Hank Dullea. Mr. Proto spoke of the increase in ridership recently that he believes to be connected to the higher cost of gasoline. When comparing September 2005 to September 2004 the actual riders increased from 256,473 to 347,723 - a 36 percent increase. The August figures also increased from the prior year with a 28 percent increase, 18 percent being rural routes. Mr. Proto also wanted to note that Cornell University staff and faculty riders for the month of August comprised 38 percent of the riders. Mr. Booth, District No. 3 Legislator, reminded Legislators of Ms. Coles, Common Council Member, statements regarding a decision to determine the most appropriate choices for the City of Ithaca's water system. He had suggested to tie in with the Bolton Point Water System as well as maintain the present system, and acknowledged that doing so would increase the cost of water. Mr. Booth said the delivered cost is less than four -tenths of a cent per gallon. He believes that water is basically given away which is why there is so much waste of this natural resource. Mr. Todd, District No. 6 Legislator, reported that following the increase in gasoline prices he has seen a significant increase in the use of Park and Ride locations in the Town of Lansing. In addition, as a member of the Cooperative Extension board, he clarified that Cooperative Extension's funding averages out to one-third federal, one-third state, and one-third county funding. Mr. Lane, District No. 14 Legislator, announced that on September 30th the Dryden Neptune Fire Company sponsored a free dinner to the community to express appreciation for the support received. He expressed appreciation for the volunteers of the fire department: and congratulated them on their efforts in the community. Report from the Chair 303 October 4, 2005 Mr. Joseph, Chair, announced he had received a compact disk from New York State Association of Counties that provided information on the annual salary survey and employees benefits report, 2005 directives, and 2005 legislative update. Report from the County Administrator Mr. Whicher reported he has received a resignation letter from Workforce Development Director Deborah Giordano who will be accepting a position in Texas shortly, and a letter of intent from long-time Office for the Aging Director Irene Stein. He said Ms. Stein plans to retire next spring and noted the County will miss her counsel. Ms. Blanchard said with regard to Ms. Giordano's resignation, the Workforce Development Board met earlier in the day and are developing an interim management plan that will address questions asked by the Legislature and others regarding the operation. Mr. Whicher called attention to the memo provided to Legislators regarding the Environmental Impact Statement on the Communications Capital Project placed on desks this evening. He said formal negotiations with Motorola began last Friday and he is pleased on how it is progressing. Additionally, he is developing a draft recommendation regarding subscriber equipment that will be reviewed by the Public Safety Committee at its next meeting, with a final recommendation coming forth in November. Mr. Whicher reviewed the information contained in the memo for the dates of the environmental review. Ms. Schuler arrived at this time. Ms. Kiefer recalled an earlier understand that the Environmental Management Council's Environmental Review Committee will have an opportunity to review the Draft Environmental Impact Statement prior to the Legislature needing to determine if it is ready for public review and asked when it is on the schedule. Mr. Whicher said he would look into it. Report from the County Attorney Mr. Flash, Assistant County Attorney, had no report. Report from the Finance Director Mr. Squires reported filing and mailing of annual foreclosure notices. He stated it is important to recognize the time sensitivity of the documents as not responding can cause a loss of property. At this time there are 148 individual tax liens subject to the foreclosure process, which is an average number. The final date to pay to redeem is January 6, 2006. Mr. Squires will provide each Legislator with a listing of property owners in their districts for review. Addition of Resolution(s) to the Agenda There were no resolution(s) added to the agenda. Withdrawal of Resolution(s) from the Agenda There were no resolution(s) withdrawn from the agenda. Approval of Resolution(s) Under the Consent Agenda It was MOVED by Ms. Blanchard, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, to approve the following resolution(s) under the Consent Agenda: 304 October 4, 2005 RESOLUTION NO. 192 - INTERDEPARTMENTAL BUDGET TRANSFERS FROM ADMINISTRATION ANI) HIGHWAY TO PLANNING It was MOVED by Ms. Blanchard, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, under the Consent Agenda. WHEREAS, Tompkins County has combined the positions of Commissioner of Planning and Commissioner of Public Works into a single position of Commissioner of Planning and Public Works, and WHEREAS, the new position is located in the Planning Department for budgetary purposes, and WHEREAS, for the remainder of 2005 one-half of the salary and fringe can be paid from the Planning Department budget, and funds from temporarily unfilled positions in Administration and Highway are available to fund the remaining one-half of the position's salary and fringe, now therefore be it RESOLVED, on recommendation of the Planning, Development and Environmental Quality, Facilities and Infrastructure, Government Operations and Budget and Capital Committees, That $24,902 be transferred from Highway and Administration to cover one-half of the Commissioner of Planning and Public Works' salary and fringe for 2005, RESOLVED, further, That the Director of Finance is hereby authorized and directed to make the following budget transfers: FROM: A5110.51000837 Highway Salary $ 8,958 A5110.58800 Highway Fringe $ 3,493 A1230.51000282 Administration Salary $ 8,958 A1230.58800 Administration Fringe $ 3,493 TO: A8020.51000243 Planning Salary $17,916 A8020.58800 Planning Fringe $ 6,986 SEQR ACTION: TYPE II -20 RESOLUTION NO. 193 - ADOPTION OF REGULAR AND SUPPLEMENTAL REPORTS OF TOTALS (FOOTINGS) OF ASSESSMENT ROLLS It was MOVED by Ms. Blanchard, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, under the Consent Agenda. WHEREAS, Tompkins County desires to maintain an official record of the 2005 Final Assessment Roll, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the regular and supplemental report of the totals (footings) of assessment rolls be accepted and the figures therein be used as a basis for the taxation in the several tax districts of the County for the year 2006 based upon the July 1, 2005 County of Tompkins Final Assessment Roll. SEQR ACTION: TYPE 11-20 RESOLUTION NO. 194 - APPROVAL OF DESIGNATIONS OF SUCCESSORS It was MOVED by Ms. Blanchard, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, 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 305 October 4, 2005 and perform the duties of the principal in the event of the Tatter'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: Assistant Airport Manager Airport Terminal Services Coordinator Operations Supervisor County Administrator: Deputy County Administrator County Attorney Finance Director County Attorney: Deputy County Attorney Assistant County Attorney Commissioner of Social Services: Director of Services Director of Administrative Services Department of Social Services Staff Development Specialist Supervising Department of Social Services Attorney Director of Emergency CAD Systems Coordinator Response: Administrative Assistant Public Health Director: Medical Examiner: Mental Health Commissioner: 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 Clinic Supervisor Director of Finance: Budget and Finance Manager Director of Accounting Services Commissioner of Personnel: Deputy Commissioner of Personnel SEQR ACTION: TYPE 1I-20 RESOLUTION NO. 195 - APPOINTMENT OF REPUBLICAN ELECTION COMMISSIONER FOR 2006 - 2007 It was MOVED by Ms. Blanchard, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, under the Consent Agenda. and WHEREAS, Election Commissioner Elizabeth W. Cree term is due to expire December 31, 2005, 306 October 4, 2005 WHEREAS, the Tompkins County Republican Committee, at its September 26, 2005, meeting recommended Elizabeth W. Cree for reappointment to a two-year term, now therefore be it RESOLVED, on recommendation of the Tompkins County Republican Committee and the Government Operations Committee, That Elizabeth W. Cree be and hereby is appointed Republican Party Elections Commissioner for the two-year term commencing January 1, 2006, and ending December 31, 2007. SEQR ACTION: TYPE 1I-20 Report and Presentation of Resolution(s) from the Budget and Capital Committee Mr. Koplinka-Loehr, Chair, said the Committee has not met in its regular form since the last meeting but as a Committee of the whole for Expanded Budget Committee meetings, with the exception of a meeting just prior to the Legislature meeting to consider a resolution. He asked Legislators to advise him as soon as possible of items to be added to the Expanded Budget Committee's upcoming meetings in order to provide advance notice to appropriate Department Heads. RESOLUTION NO. 196 - PROVIDING EXEMPTIONS FOR RETAIL SALES OF RESIDENTIAL SOLAR ENERGY SYSTEMS FROM SALES AND COMPENSATING USE TAXES FOR RECEIPTS FROM SALES OF, AND CONSIDERATION GIVEN OR CONTRACTED TO BE GIVEN FOR, OR FOR THE USE OF, PROPERTY AND SERVICES EXEMPT FROM STATE SALES AND COMPENSATING USE TAXES PURSUANT TO SUBDIVISION (EE) OF SECTION 1115 OF THE NEW YORK TAX LAW, PURSUANT TO THE AUTHORITY OF ARTICLE 29 OF THE TAX LAW OF THE STATE OF NEW YORK (CORRECTED BY RESCILUTION NO. 214 OF 2005) It was MOVED by Mr. Koplinka-Loehr, seconded by Mr. Booth. Mr. Penniman said that while he supports the resolution he requests to abstain from the vote due to a potential gain he and his partners may receive due to installation of photovoltalic panels on a 22 -unit apartment on South Hill. He also noted he has been informed that there still is no option for commercial projects to provide net metering sales to utility companies; he hopes the State will change that law. Ms. Kiefer requested the title be amended to indicate sales are "retail sales of residential energy", which was accepted as friendly. Mr. Koplinka-Loehr said the Committee amended the resolution to provide for a sunset December 1, 2008. It was noted that the State may reject this clause. Mr. Proto asked if any other types of energy savings such as wind power would be exempted. Mr. Koplinka-Loehr said not for the purposes of this resolution. Mr. Proto said this type of system is expensive and he felt individuals doing so could afford the sales tax. Mr. Booth stated the reason for the sunset is to provide information to determine how much revenue would be lost by the resolution, which is anticipated to be minimal. Mr. Joseph said this resolution is due to a State decision to exempt the tax and is offering the County the option as well. A voice vote on the resolution resulted as follows: Ayes — 13, Noes — 0, Abstained - 1 (Legislator Penniman), Excused - 1 (Legislator Robertson). RESOLUTION ADOPTED. WHEREAS, the County desires to exempt from local taxation the receipts from retail sales of residential solar energy systems, now therefore be it 307 October 4, 2005 RESOLVED, on recommendation of the Budget and Capital Committee, That it be enacted by the Legislature of the County of Tompkins as follows: SECTION 1. Section six of Resolution No. 256A of 1966, as amended, is amended by adding a new subdivision (h) to read as follows: (h) Receipts from sales of and consideration given or contracted to be given for, or for the use of, property and services exempt from State sales and compensating use taxes pursuant to subdivision (ee) of Section 1115 of the New York Tax Law shall also be exempt from sales and compensating use taxes imposed in this jurisdiction. SECTION 2. This resolution shall take effect December 1, 2005, and shall apply to sales made, services rendered and uses occurring on and after that date in accordance with the applicable transitional provisions in Sections 1106, 1216 and 1217 of the New York Tax Law, RESOLVED, further, That this will end on December 1, 2008. SEQR ACTION: TYPE I1-20 Report and Presentation of Resolution(s) from the Government Operations Committee Mr. Lane, Chair, reported the Committee met on September 21, 2005, and received a report regarding projected costs associated with the Help America Vote Act requirement for the County to centralize the voting equipment process, specifically determination of various charge backs and bill backs. Once compiled these estimated figures will be brought forth to the Budget Committee. Mr. Lane reported the issue of record keeping and minute taking was discussed and noted there are varied opinions on what level of detail should be maintained. He said it was believed by some that action -only minutes would not provide the minority opinion properly. Mr. Lane said the report provided by the Minute Taking Task Force indicates procedures that should be adhered to. Mr. Whicher will explore this further through the new organization he recently joined called International City/County Management Association. He then said the Committee discussed orientation of new Legislators to determine a formal process for incoming members to include departmental tours, introduction of staff, information regarding state retirement, and other areas of the County's procedure and Charter, etc. Mr. Lane said the September 28, 2005, was devoted mainly to a review of the County Administrator's goals and objectives. A finalized version will be provided to the Committee and subsequently brought forth to the full Legislature. Ms. Kiefer noted the goals and objectives to be submitted by the County Administrator are for the two years 2005-2006. RESOLUTION NO. 197 - RESOLUTION OF OPPOSITION TO DISCRIMINATION BY THE UNITED STATES MILITARY It was MOVED by Ms. Herrera, seconded by Mr. Lane. Ms. Herrera said the resolution will make community values stated in local legislation consistent with policy and practices followed within the community. She explained the resolution came about as a result of discussions and education; Mr. Seger has written a resolution to go before the City of Ithaca Common Council addressing the same topic. Ms. Herrera believes this addresses the quandary that major institutions are put in by the Federal law expressed by the military policy of "don't ask, don't tell" that withholds funding if military recruiting is disallowed on campuses. She feels that under the Solomon Amendment individuals are being denied opportunities to develop a career and serve their country. Ms. Herrera appreciated Cornell University's also addressing their concerns on this issue. The Supreme Court will be reviewing arguments on this topic December 6, 2005. Mrs. McBean-Clairborne expressed appreciation that this resolution came forward. She said the Workforce and Diversity Inclusion Committee gave full support and provided recommendations to make it stronger in some respects and thanked members for their assistance. She spoke of how the military offers the opportunity for a career to individuals and she would like to see all barriers to joining removed. 308 October 4, 2005 Ms. Kiefer desired to point out that the military adopted policy of "'Don't Ask, Don't Tell" was a way to allow homosexual individuals to serve given the Federal law that would deny them the ability to do so. She believes changes need to be made at the federal level that would then allow the military to be free to openly recruit all individuals. Mr. Joseph agreed that the problem is not "Don't Ask, Don't' Tell"; it is the underlying law. He has met with the Mayor and City Attorney as well as Cornell Lniversity representatives to discuss how to best deal with discriminatory recruitment on campus as it is a violation of local law, but not federal law. These discussions were to find a way to oppose this kind of discrimination; he stated Cornell University's involvement was both involved and sincere, and Cornell has Cornell University joins with Columbia, Harvard, NYU, Penn U, Chicago, and Yale in filing an amicus brief with the Supreme Court in the FAIR case challenging the constitutionality of the Solomon Amendment on military recruitment on college campuses. Mr. Proto expressed a desire to be certain that whatever occurs it does not veer an individual who is interested in serving from speaking to a recruiter. He is concerned about the second resolved as it may relate to public school districts and how other elected officials such as school boards may be required to determine the interpretation of local law versus federal law and whether County funding would be affected. Ms. Herrera stated the federal law preempts local law, the intent of the resolution is to ask that they recognize and understand the County sees the difference caused and would like to see action clarified. Mr. Joseph said the public schools will be informed as by law recruiters are allowed to come to the public schools. Mr. Booth said our resolution does not specify actions; if the discrimination code from years ago is read there are interpretation questions on how and why recruiters may be allowed to come to the facilities. The language is useful but doesn't call for action. A voice vote on the resolution resulted as follows: Ayes — 13, Noes - 1 (Legislator Winch), Excused - 1 (Legislator Robertson). RESOLUTION ADOPTED. WHEREAS, on May 2, 2005, the United States Supreme Court announced it will hear Rumsfeld v. Forum for Academic and Institutional Reform (FAIR), a case challenging the so-called "Solomon Amendment", and arguments will be heard on December 6, 2005, and WHEREAS, the Solomon amendment, passed in 1995, mandates that schools give military recruiters the same access to students and resources for recruitment as they would for other employers, although the military's policy of "Don't Ask, Don't Tell" is at odds with institutional and community non- discrimination policies, and WHEREAS, the Solomon amendment also threatens loss of federal funds to institutions that do not comply, and WHEREAS, on September 21, 2005, Cornell University announced it has joined Yale, Columbia, Harvard, New York University, the University of Pennsylvania, and the University of Chicago, in a friend -of -the -court brief in support of law school professors and administrators challenging the constitutionality of the Solomon Amendment, and WHEREAS, County Code Chapter 92 — Section 92-5 (B)(1) prohibits discrimination on the basis of gender identity and expression or sexual orientation in employment, and in referrals for employment, and WHEREAS, County Code Chapter 92 — Section 92-5 (B)(4) prohibits discrimination by an education corporation on the basis of gender identity and expression or sexual orientation, and WHEREAS, these policies reflect a broader community value in support of inclusiveness, and, WHEREAS, the County's nondiscrimination policies and the value placed on inclusiveness have helped our community's employers attract the best employees, have helped to attract many gifted tradespersons, artists, and other contributors to our community, and helped create a welcoming atmosphere that is among the most diverse, vibrant, and unique in New York State, and 309 October 4, 2005 WHEREAS, discrimination, including on the basis of gender identity and expression or sexual orientation, unfortunately still occurs within Tompkins County, to the detriment of the entire County and to all of its residents, and WHEREAS, this discrimination includes recruitment efforts by the U.S. Military, which efforts are being facilitated by local educational institutions that operate within the County, and WHEREAS, if the County were to attempt to enforce County Code Chapter 92 against such local institutions with respect to facilitating recruitment efforts by the U.S. military it would likely face a strong claim of federal pre-emption based on the so-called Solomon Amendment, now therefore be it RESOLVED, That the County Legislature strongly reaffirms its recognition of the value of nondiscrimination and its commitment to the County's nondiscrimination law, RESOLVED, That the County calls on all institutions operating within the County to comply fully with County Code Chapter 92, to take strong and meaningful public positions in support of members of this community, RESOLVED, further, That the County urges appropriate organizations to lobby federal elected officials to reform military policy (including "Don't Ask, Don't Tell") so that the U.S. military no longer discriminates on the basis of gender identity and expression and sexual orientation, RESOLVED, further, That copies of this resolution shall be sent to President George W. Bush, Secretary of Defense Donald Rumsfeld, United States Senators Charles Schumer and Hillary Clinton; Congressmen Maurice Hinchey, Sherwood Boehlert, Randy 1Kuhl, New York State Governor George Pataki; New York State Senators Michael Nozzolio, James Seward, George Winner; and Assemblywoman Barbara Lifton, Cornell University Interim President Hunter R. Rawlings III, Ithaca College President Peggy Williams, Tompkins Cortland Community College President Carl Haynes, Tompkins County school districts. SEQR ACTION: TYPE 11-20 Report from the Public Safety Committee Mrs. McBean-Clairborne, Chair, said the Committee will meet on October 6th and will review the Environmental Impact Statement and timeline for the Communication Project as well as preliminary discussions regarding subscriber equipment. It is expected to continue discussing subscriber equipment at the November meeting. Report from the Workforce Diversity and Inclusion Committee Mrs. McBean-Clairborne, Chair, reported the Committee met on September 28, 2005, and reviewed work being done by the various subcommittees. In addition, Ms. Herrera brought forth the resolution just passed by the Legislature. She said the final Resource Guide will be forwarded to departments. In addition, the Committee is working on a draft retention plan to be reviewed, which will be discussed at the October 26 meeting. The work being done by the committee will be utilized to amend the County diversity plan. Mrs. McBean-Clairborne said the Policy Committee will review how to enforce the diversity statement; she noted two designs came forth to the Committee and both were chosen. She reported the next meeting will include the idea of voluntary disclosure statements on forms. Report and Presentation of Resolution(s) from the Facilities and Infrastructure Committee Mr. Penniman, Chair, reported the Committee met on September 27th when it heard reports from the Solid Waste Division relating to an amended budget that had been presented to the Expanded Budget Committee and improvements for traffic flow and signage at the facility. It is expected to hear additional information regarding ways to alleviate the traffic problems al the facility in the next two weeks. Mr. Penniman reported on two items within the 2006 budget to consider: (1) the Caswell leachate proposal will be a cost-effective method of removing leachate from the site; and (2) the revised schedule for highway projects that were postponed by the State due to funding/administrative issues. Mr. Penniman 310 October 4, 2005 reported discussions regarding the Hanshaw Road and Coddington Road projects took place and public meetings regarding design are scheduled. He then spoke of Mr. LeMaro report on work undertaken at the Biggs B site due to damp insulation removal and efforts to reduce condensation levels. Thus far $60,000