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HomeMy WebLinkAbout2007 Proceedings2007 PROCEEDINGS Tompkins County Legislature TOMPKINS COUNTY NEW YORK TIM JOSEPH, Chair Ithaca, New York CATHERINE COVERT, Clerk Ithaca, New York State of New York County of Tompkins Tompkins County Legislature ) ) ) ss: In pursuance of the authority conferred by Section 211 of the County Law, I do hereby certify that the copy of the Proceedings of the Tompkins County Legislature of the County of Tompkins, New York, for the year 2007, contained in this volume is true and correct. CATHERINE COVERT Clerk of the Legislature 2007 STANDING AND SPECIAL COMMITTEES ASSIGNMENTS AND RESPONSIBILITIES January 18, 2007 Budget and Capital - Koplinka-Loehr (Chair), Booth (Vice Chair), Herrera, Hattery, Shinagawa Appropriations Borrowing and Debt Service Contingent Funds Fund Balances Unallocated Revenues Budget process Fiscal Policy TC3 Capital Programs Government Operations - Stevenson (Chair), Hattery (Vice Chair), Sigler, Kiefer, Mackesey Tompkins County Legislature Charter and Code Administration Operational Policies Code/Board of Ethics Law Finance Public Information Assessment Board of Elections Libraries County Clerk Dewitt Historical Society County Historian Planning, Development and Environmental Quality - Robertson (Chair), Mackesey (Vice Chair), Proto, Randall, Dennis Planning Department MPO Soil and Water Conservation District Flood Control/Water Quality Environmental Management Council Land management Workforce Development TCAD Industrial Development Agency Chamber of Commerce Arts Tourism Program/CVB Strategic Tourism Planning Ithaca Downtown Partnership Celebrations TCAT 2007 Standing and Special Committees Assignments and Responsibilities Facilities and Infrastructure - Herrera (Chair), Kiefer (Vice Chair), Mackesey, Stevenson, Randall Facilities Bridges and Highways Airport Solid Waste/Recycling Public Works Administration Information Technology Services Department Weights and Measures Utilities Public Safety - McBean-Clairborne (Chair), Booth (Vice Chair), Koplinka-Loehr, Robertson, flattery Alternatives to Incarceration District Attorney Defense of Indigents Probation and Community Justice Sheriff/Jail Department of Emergency Response Offender Aid and Restoration Health and Human Services - Shinagawa (Chair), Sigler (Vice Chair), Proto, Robertson, Koplinka-Loehr Department of Social Services Mental Health Department/Agencies Public Health Department/Agencies Human Rights Health Planning Council Human Services Coalition Relevant Human Services Coalition agencies (incl. Community Dispute Resolution Center - moved from Public Safety Committee) Office for the Aging Youth Services Tompkins Community Action Cooperative Extension Animal Health and Control Personnel - Dennis (Chair), McBean-Clairborne (Vice Chair), Kiefer, Sigler, Stevenson Personnel Department/issues Workforce Diversity and Inclusion Training SPECIAL COMMITTEE(S) Health Department Building Committee - Proto (Chair), Joseph (Vice Chair), Dennis, Herrera, Randall January 2, 2007 Organizational Meeting Called to Order Mrs. Covert, Clerk of the Legislature, called the organizational meeting of the Tompkins County Legislature 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 Kiefer, Koplinka-Loehr, and McBean-Clairborne. District No. 1 - Pam Mackesey, 323 Pleasant Street, 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 - Nathan I. Shinagawa, 307 Stewart Avenue, Ithaca District No. 5 - Katherine Luz Herrera, 116 Utica Street, Ithaca District No. 6 - Michael J. Sigler, 218 Peruville Road, Freeville District No. 7 - Frank P. Proto, 2585 Slaterville Road, Slaterville Springs District No. 8 - Greg W. Stevenson, 130 Harvey Hill Road, Ithaca District No. 9 - Duane T. Randall II, 305 West Groton Road, Groton District No. 10 - Dooley Kiefer, 629 Highland Road, Ithaca District No. 11 - Michael A. Koplinka-Loehr, 124 Crest Lane, Ithaca District No. 12 - Tim Joseph, 772 Elm Street Extension, Ithaca District No. 13 - Martha Robertson, 1655 Ellis Hollow Road, Ithaca District No. 14 - Michael R. Hattery, 4 Greystone Drive, Dryden District No. 15 - James P. Dennis, 47 Elm Street, Trumansburg Election of Temporary Chair Mrs. Covert announced the first order of business was the election of a temporary chair. Mr. Joseph nominated Mr. Proto as Temporary Chair, seconded by Ms. Robertson. After hearing no more nominations, it was Moved by Ms. Robertson, seconded by Ms. Mackesey, and unanimously adopted by voice vote by members present, to close nominations. A voice vote resulted as follows for Temporary Chair: Ayes - 12, Noes — 0, Excused — 3 (Legislators Kiefer, Koplinka-Loehr, and McBean-Clairborne). MOTION CARRIED. Mr. Proto took the chair as Temporary Chairman. Mr. Proto requested a moment of silence to remember President Gerald Ford. Mr. Proto then took the occasion to reflect on how temporary staff appointments had become permanent during 2006 and congratulated them on their appointments. Mr. Proto then spoke of having completed a full year with the new members of the Legislature, reflecting that although they may not always agree differences dissipate and a lot of good work has been completed. He stated the County has good Department Heads, and an outstanding staff in the Legislature office and expressed appreciation to all. Mr. Proto then opened nominations for a Permanent Chair. Election of a Permanent Chair Nominations were opened. Mr. Shinagawa nominated Mr. Joseph as Permanent Chair for 2007, seconded by Mr. Dennis. Mr. Hattery nominated Mr. Proto as Permanent Chair, seconded by Mr. Sigler. 3 January 2, 2007 Mr. Hattery said Mr. Proto's had twenty-one years of experience, noting his resume is too lengthy to mention. Mr. Shinagawa stated he nominated Mr. Joseph due to his being a solid and supportive force in the Legislature who has assisted in guiding new members. In addition, he noted Mr. Joseph is a steady and fair individual. Hearing no more nominations, it was MOVED by Mr. Booth, seconded by Ms. Robertson, and unanimously adopted by voice vote by members present, to close nominations A vote by show of hands to elect Tim Joseph Chair of the Legislature resulted as follows: Ayes - 8 (Legislators Booth, Dennis, Herrera, Joseph, Mackesey, Robertson, Shinagawa, and Stevenson). A vote by show of hands to elect Frank Proto Chair of the Legislature resulted as follows: Ayes - 4 (Legislators Hattery, Proto, Randall, and Sigler). Excused — 3 (Legislators Kiefer, Koplinka-Loehr, and McBean- Clairborne.) Mr. Joseph was declared Chair of the Legislature for 2007. At this time Mr. Proto turned the meeting over to Mr. Joseph, newly elected Chair. Address to the Legislature "The problems and issues that we deal with in County government don't respect arbitrary calendar boundaries, so it's no surprise that much of what we face in the year ahead is a continuation of what we've been dealing with this past year, and often for many years. "By early summer we expect to complete the construction of a new 800 megahertz emergency communication system, connecting police, fire, and ambulance services. Ultimately we expect that the system will also serve other governmental communication needs, such as highway departments and buses. This system will give us greatly improved radio coverage throughout the County while ensuring that different agencies are able to talk to each other in an emergency situation. The completion of this system is the culmination of many years of effort and planning for the County, and investment by taxpayers. "Another capital project, the construction of a new building to house the Department of Public Health, will move into the forefront this year. This project was listed as the first priority in our twenty year capital plan, and this year's budget includes funds to take the initial steps of site selection and preliminary design, although the Legislature has not yet given the project a final approval. I am appointing a special committee to prepare location and design options so the Legislature can move this project forward. "A year ago the county undertook a diversity initiative to ensure that our workforce was a reflection of the community that it serves. Many members of that community have given their time and expertise to help us develop effective plans and policies. We are certainly not there yet, but good progress is being made. Soon the Workforce Diversity and Inclusion Committee will be formalized as a county advisory committee with bylaws, appointed membership and a set of tasks and expectations. This is in sharp contrast to last year at this time when we were struggling to figure out how to organize this effort and how to provide it with leadership. "Jail crowding and the consequent boarding out of prisoners continues to be a major issue. We need to address both the cost of incarceration and its effectiveness as a means of dealing with crime, recidivism and the safety of our citizens. This year's budget sets aside funds to cover the cost of boarding prisoners, but also allows some of that money to be used for new strategies and initiatives to reduce the number of people we hold behind bars. Many of those involved in the criminal justice system, the 4 January 2, 2007 Sheriff, the District Attorney, judges, probation, treatment and service agencies, are already working together through our Criminal Justice Advisory and Alternatives to Incarceration Board. They will continue working to develop new strategies and plans to both reduce jail population and make our communities safer. "A year ago counties, by working together to create and build political pressure statewide, won a cap on the local share of Medicaid, the largest unfunded mandate that was driving repeated property tax increases. Today we see another mandate that is both large and rapidly growing and that threatens the financial stability of counties across the state: education and other services for children with special needs. The state requires counties to pay for much of these costs, yet we have no control over what services are provided, by whom, and at what price. Once more we see the potential for large property tax increases to pay for an expense that is expanding out of our control. Once more we need to engage in collective political action with other counties who face the same problem. "On a more positive note, the local economy is doing well, in significant part because of the success of our economic development programs and planning. Most of our economic development efforts are not strictly inside county government but are carried out by TCAD, the IDA, Workforce Development, and other agencies that represent a partnership among government, private business, education, and the nonprofit sector. For many years we have sought an Empire Zone to put us on equal footing with other counties in our ability to support local job creation. Last year we succeeded in getting the designation, and this year we will begin making Empire Zone benefits available to qualified employers. The County will continue to support and play an active role in the partnerships that have built a strong local economy. The County's economic development plan, developed through TCAD and a broad community partnership has identified housing as a top priority. The County planning department has completed a housing assessment that shows a significant shortage of housing at all income levels, but especially in the lower range. Over the coming year we will play an active role in promoting both the availability and affordability of housing in the County. "And there is a new partnership in town. Several years ago the County began meeting with a number of town supervisors and town board members to talk about shared issues and ways that we could work together to better serve our citizens. Near the end of last year we expanded and formalized those meetings into the Tompkins County Council of Governments. Every town and village, along with the County and the City of Ithaca, has voted to become part of TC -COG, which has become a forum for sharing concerns and ideas as well as a mechanism to act together to accomplish things that are beyond the capacity or jurisdiction of any single local government. I look forward to a new working relationship among local governments that will allow us to all serve our citizens both more effectively, and more economically. "And finally, I look forward to a new year of service and accomplishment with my colleagues here on the County Legislature. Last year we had seven new members. This year those members have a year of experience behind them. Some are moving into new positions of leadership, and all have demonstrated their ability to work together and to contribute their thinking, their judgment, and their hard work in service to the public. I thank you all for once more choosing me as your chair, and will do my best serve you well." Election of a Vice Chairman The next order of business was the election of Vice Chairman and Mr. Joseph opened nominations. Ms. Mackesey nominated Mrs. McBean-Clairborne as Vice Chair, seconded by Mr. Dennis. Mr. Randall nominated Mr. Sigler as Vice Chair, seconded by Mr. Hattery. Mr. Randall made the following statement: 5 January 2, 2007 "I make this nomination because I have come to know Mr. Sigler as an innovator who is not afraid to stand up and take a stand even though there has been a lot of times that he stands alone; I respect him for that." Hearing no more nominations, it was MOVED by Mr. Booth, seconded by Mr. Shinagawa, and unanimously adopted by voice vote by members present, to close nominations. A vote by show of hands to elect Mrs. McBean-Clairborne Vice Chair of the Legislature resulted as follows: Ayes - 8 (Legislators Booth, Dennis, Herrera, Joseph, Mackesey, McBean-Clairborne, Robertson, Shinagawa, and Stevenson). A vote by show of hands to elect Mr. Sigler Vice Chair of the Legislature resulted as follows: Ayes - 4 (Legislators Hattery, Proto, Randall, and Sigler). Excused — 3 (Legislators Kiefer, Koplinka-Loehr, and McBean-Clairborne.) Mrs. McBean-Clairborne was declared Vice Chair of the Legislature for 2007. Ms. Herrera was excused at this time (5:52 p.m.). Privilege of the Floor by the Public Mr. Charles Trautmann, Executive Director of the Sciencenter, spoke of the resolution on the agenda for a tourism grant. He informed the Legislature of the planned use of grant funding and noted that if approved, the total grants received would be $105,000, approximately $25,000 less than grants awarded to PRI and the State Theatre. Mr. Trautmann reported the Sciencenter has approximately 91,000 visitors annually; with a fifty/fifty ratio of County residents and non -County residents. He stated a new system is being installed that will assist in tracking where visitors came from, reasons for attendance, etc. Privilege of the Floor by Legislators Mr. Proto, District No. 7 Legislator, stated the deadline has passed for the "Voice Your Choice" option for electric service. He then spoke of Tompkins Consolidated Area Transit and various other organizations decision to purchase 500,000 gallons of bio -diesel fuel for their fleets. Mr. Proto said that it would assist in reducing pollutants and that Mr. Marx, Commissioner of Planning and Public Works, deserves recognition for his efforts in bringing this opportunity to fruition. Ms. Robertson, District No. 13 Legislator, spoke of "How are the Children", a community - sharing meeting in November held at the Greater Ithaca Activities Center. Ms. Reagan of Catholic Charities put together information on the discussions and it is available via e-mail to those interested. This meeting raised a lot of issues for children including food, housing, mental health, childcare and poverty issues. In addition, as part of the Martin Luther King celebrations there will be a poverty simulation that will utilize role-playing situations. Ms. Robertson then spoke of the loss of over 3,000 Americans in Iraq, noting that regardless of how individuals feel about the conflict these people are mourned as well as the over 22,000 injured. She said there is a lot of work to do to see that part of the world stabilized. Ms. Robertson will be attending the March on Washington January 27 through January 29, 2007. This event has been organized to ask our government to stop the war. Report from a Municipal Official Ms. Coles, Common Council member, reported the Southwest Mission Statement is completed. Mayor Peterson has appointed a selection committee that will seek developers for the 600 — 700 housing unit proposal which should include a range of affordability for the housing. She then reported the City has extended its residency requirement for department heads and deputies to include the entire county rather than restricting residency to just the City. Ms. Coles reported the City is preparing to pass a similar 6 January 2, 2007 resolution to the County's regarding the proposed closing of Lakeside Nursing and Rehabilitation Home, requesting the Berger Commission recommendation be rejected. Ms. Coles spoke of her attendance at the City Workforce Diversity Committee and noted they have been meeting with various department heads to explain what workforce diversity means in actuality and practice rather than the conceptual plan. Ms. Robertson asked if she knows whether the Lakeside resolution is anticipated to pass and was informed it is expected to. Ms. Coles said many individuals from Lakeside and the community are expected to attend the meeting to discuss the topic. Chair's Appointment 2007 Poet Laureate Mr. Richard Driscoll introduced Mr. Paul Hamill, nominee for the Tompkins County Poet Laureate, noting Mr. Hamill assisted in creating the Community Arts Partnership in 1989. He spoke of Mr. Hamill's many accomplishments as an educator, administrator, and poet. Mr. Hamill thanked the Legislature for the honor of this appointment and thanked former Poet Laureates Katharyn Howd Machan and Michelle Berry, as well as his family. He spoke of a self - photograph seen at The History Center of Vernon Morton who became the official photographer for Tompkins County events during the early 1900's. He said he had written a poem about this photograph, which has been translated to Chinese, and read the following: Vernon Morton Self -photographed (1898) I have been trying so hard, Miranda, not to look young, so that my red mustache, which you see in this image from one of last week's plates, will help to convince that I am settled and serious enough to care for you as my wife. My body rebels at the distance between us. Perhaps it is wrong to say and I mean no disrespect but as I am a man it is true. I hope you will find me serious and not ridiculous, although an elderly woman told me that I looked like I was wearing a sunrise. I take pictures of life in country or town but I do not live. The greens are browns are grey and flat. Years without you are blank, like plates left where a shaft of light has ruined them. 7 January 2, 2007 You are my shaft of light: not that you ruin me but in a way you have, for all I see is your light, and all I want. This place is the same as ever: dreary rain over bridges, pompous ceremonies, men and women whose minds are scurrying chickens in the farmyard. When will you allow me to court you? Mr. Joseph announced his appointment of Paul Hamill as Tompkins County Poet Laureate for 2007. Chair's Report Chair Joseph stated he had provided a list of Committee assignments as well as proposed meeting dates and requested the information be reviewed at the end of the meeting to determine whether they are acceptable and the date of the first meeting. Mr. Dennis noted the Personnel Committee would be meeting next Wednesday to continue work from 2006. Mr. Joseph said he would like to hold a meeting of Committee Chairs on January 16tH Report from the County Administrator Mr. Whicher, County Administrator, did not have a report. Report from the County Attorney Mr. Wood, County Attorney, did not have a report. Report from the Finance Director Mr. Squires, Finance Director, reported that tomorrow bids will be accepted on $3.5 million revenue anticipation notes, which is also when the City of Ithaca will refinance approximately $20 million of notes and bonds. In addition, he spoke of the tax enforcement procedures begun last fall, noting of the one -hundred fifteen properties listed as being eligible for foreclosure, at this time there are fifty-eight still outstanding. Approximately $250,000 has been collected of the original approximately $700,000 in arrears. He is optimistic that there should be approximately 25 remaining properties outstanding. Mr. Squires noted there are two mobile home properties with outstanding balances totaling approximately $250,000. Addition of Resolution(s) to the Agenda There were no resolution(s) added to the agenda. Withdrawal of Resolution(s) from the Agenda Ms. Robertson was given permission to withdraw from the agenda the member -filed resolution entitled Award of Tourism Capital Grant from Room Occupancy Tax Fund. 8 January 2, 2007 Approval of Resolution(s) Under the Consent Agenda There were no resolutions under the Consent Agenda. Approval of Appointment(s) Under the Consent Agenda It was MOVED by Ms. Robertson, seconded by Mr. Stevenson and unanimously adopted by voice vote by members present, to approve the following appointment(s) under the Consent Agenda: Tompkins County Soil and Water Conservation District Board Alan Teeter — Grange representative - Term expires December 31, 2009 Report from the Health and Human Services Committee Mr. Proto, Chairman, reported that subsequent to the resolution about Lakeside Nursing and Rehabilitation Home passed at the December 19 Legislature meeting, materials were sent to all pertinent State Legislators as well as the Governor and Governor -Elect. This correspondence encouraged State legislators to meet with a County team to discuss options available in light of the Berger Commission recommendations. He reported at the New York State Association of Counties a session regarding nursing homes would be held. He is also pleased to see the City taking action on the matter as well. Mr. Proto expressed his appreciation to Ms. Mackesey and Ms. Robertson for their efforts in disseminating information on the subject as well as notifying State Legislators of the County's concerns. He suggested other interested parties also write letters to the State Legislators to express displeasure with the Berger Commission recommendation. Report from the Facilities and Infrastructure Committee Mr. Randall reported the Committee has not met since the last Legislature meeting. He expressed his appreciation to fellow Committee members for their support, particularly Ms. Kiefer who assisted during his absences, as well as expressing gratitude to Ms. Nelson, Public Works Administrator for her assistance. Report from the Personnel Committee Mr. Dennis, Chair, stated he looks forward to working with the new members of the Committee this year. He said there are many topics to cover in 2007, including negotiations with the Road Patrol; he will keep the Legislature informed of progress. Mr. Dennis expressed appreciation to Mr. Proto for his reports on topics that would be of community interest and hopes that Mr. Shinagawa will carry on this practice. Presentation of Resolution(s) from the Government Operations Committee RESOLUTION NO. 1 - ESTABLISHING 2007 MEETING DATES (AMENDED BY RESOLUTION NO. 5 OF 2007) It was MOVED by Mr. Sigler, seconded by Mr. Stevenson. Mr. Sigler noted changes to the schedule had been made to eliminate one meeting in August and holding the second July meeting a week later than normal. A brief discussion occurred regarding the summer meetings, with Ms. Mackesey in favor of the proposed schedule. Mr. Joseph provided background on the present two meetings per month, noting that previous years it was difficult to complete all necessary business with only one meeting during August. Ms. Robertson expressed concern on the present schedule, noting staff vacations may be difficult with the proposed schedule. Ms. Mackesey thought perhaps it would be more useful to have one meeting 9 January 2, 2007 in July and two in August. Mr. Proto was in favor of maintaining the regular schedule of the first and third Tuesdays, and cancel the second meeting if need be. It was MOVED by Mr. Proto, seconded by Mr. Booth, to amend the schedule to reflect the July meetings be held on July 3 and July 17, and the August meetings be held August 7 and 21. A voice vote on the motion resulted as follows: Ayes — 7 (Legislators Booth, Dennis, Joseph, Proto, Robertson, Shinagawa, and Stevenson); Noes — 4 (Legislators Hattery, Mackesey, Randall, and Sigler); Excused — 4 (Legislators Herrera, Kiefer, Koplinka-Loehr, and McBean-Clairborne). MOTION FAILED. A voice vote on the original motion resulted as follows: Ayes — 9 (Legislators Booth, Dennis, Hattery, Joseph, Mackesey, Randall, Robertson, Sigler, and Shinagawa); Noes — 2 (Legislators Proto and Stevenson); Excused — 4 (Legislators Herrera, Kiefer, Koplinka-Loehr, and McBean-Clairborne). RESOLUTION ADOPTED. RESOLVED, on recommendation of the Government Operations Committee, That the 2007 regular meetings of the Tompkins County Legislature are as follows: Tuesday, January 2, 2007 at 5:30 p.m. Tuesday, January 16, 2007 at 5:30 p.m. Tuesday, February 6, 2007 at 5:30 p.m. Tuesday, February 20, 2007 at 5:30 p.m. Tuesday, March 6, 2007 at 5:30 p.m. Tuesday, March 20, 2007 at 5:30 p.m. Wednesday April 4, 2007 at 5:30 p.m. (Tuesday, April 3 - Passover) Tuesday, April 17, 2007 at 5:30 p.m. Tuesday, May 1, 2007 at 5:30 p.m. Tuesday, May 15, 2007 at 5:30 p.m. Tuesday, June 5, 2007 at 5:30 p.m. Tuesday, June 19, 2007 at 5:30 p.m. Tuesday, July 3, 2007 at 5:30 p.m. Tuesday, July 24, 2007 at 5:30 p.m. Tuesday, August 21, 2007 at 5:30 p.m. Tuesday, September 4, 2007 at 5:30 p .m. Tuesday, September 18, 2007 at 5:30 p.m. Tuesday, October 2, 2007 at 5:30 p.m. Tuesday, October 16, 2007 at 5:30 p.m. Wednesday, November 7, 2007 at 5:30 p.m. (Tuesday, November 6 - Election Day) Tuesday, November 20, 2007 at 5:30 p.m. Tuesday, December 4, 2007 at 5:30 p.m. (Hanukkah begins at sundown) Tuesday, December 18, 2007 at 5:30 p.m. SEQR ACTION: TYPE II -20 Report and Presentation of Resolution(s) of the Planning, Development, and Environmental Quality Committee Ms. Robertson reported the Committee met briefly prior to the Legislature to discuss the resolutions presented. RESOLUTION NO. 2 - ACCEPTANCE OF SMALL CITIES ECONOMIC DEVELOPMENT GRANT — RPM ECOSYSTEMS GROWING PROJECT MOVED by Ms. Robertson, seconded by Mr. Hattery, and unanimously adopted by voice vote by members present. 10 January 2, 2007 WHEREAS, the County has been awarded Small Cities Community Development Block Grant (CDBG) funds from the United States Department of Housing and Urban Development (HUD) administered by New York State Governor's Office for Small Cities to provide economic development assistance to RPM Ecosystems, and WHEREAS, the total grant amount to Tompkins County is $516,000, of which $500,000 will be provided to RPM Ecosystems as a low interest loan, and WHEREAS, the RPM Ecosystems Growing Operation Project will establish a full scale plant nursery on 159 acres in the Town of Dryden that will provide 56 full-time permanent jobs, 44 of which will be made available to low and moderate -income persons, and WHEREAS, the RPM Ecosystems Growing Operation Project supports the policy of the Tompkins County Comprehensive Plan to support economic development that provides quality employment opportunities to local residents, good wages and benefits, and affordable goods and services, now therefore be it RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee, That the County hereby accepts Small Cities CDBG funds in the amount of $516,000, RESOLVED, further, That the County Administrator be authorized to execute any contracts related to this project, RESOLVED, further, That the Director of Finance is authorized to make the following budget adjustment: Revenue CD8684.44959 Appropriation CD8684.54400 SEQR ACTION: TYPE II -20 Federal Aid Program Expense $516,000 $516,000 RESOLUTION NO. 3 - AWARD OF TOURISM CAPITAL GRANT FROM ROOM OCCUPANCY TAX FUND It was MOVED by Ms. Robertson, seconded by Mr. Randall, and unanimously adopted by voice vote by members present. WHEREAS, Resolution No. 147 of 2003 authorized the County to enter into an agreement with Tompkins County Area Development (TCAD) to administer the Tourism Capital Grants Process, which included designing the application process, reviewing and analyzing the feasibility and economic impact of tourism projects, and providing oversight for tourism projects, and WHEREAS, funding exists within the Room Tax Occupancy budget for Tourism Capital Grants, and WHEREAS, TCAD reviewed the following project with the Strategic Tourism Planning Board (STPB), and the STPB anticipates that the following project will encourage the development of tourism products and attractions in order to improve community assets, increase the tourism business in the County and increase the income from the Room Occupancy tax, and the grant award has been reviewed and recommended by the STPB, now therefore be it RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee, That $60,000 shall be paid to the Sciencenter for the proposed Tourism Capital project: Entity Project 2006 Allocation Sciencenter Sciencenter Enhancement and Upgrade of Outdoor Attractions $60,000 RESOLVED, further, That the County Administrator or his designee is authorized to sign all documents related to this project. SEQR ACTION: TYPE II -20 11 January 2, 2007 Ms. Robertson announced there will be a workshop on January 9, 2007, at the Chamber of Commerce Center, from 3:00 p.m. to 5:00 p.m. to provide information on the various grants available including Celebrations, Tourism, Marketing, and Advertising. In response to Ms. Mackesey's question it was noted that Ms. Kippola has worked with Ms. Lynch, Public Information Officer, on various manners to notify interested municipalities, businesses, and individuals of these grant opportunities. She expressed appreciation to all involved with the Committee's work during 2006. Report from the Budget and Capital Committee Ms. Mackesey, Vice Chair, reported the Committee has not met since the last Legislature meeting. The next meeting is tentatively set for Monday, January 8, 2007. She noted she will not be on the Committee this coming year and expressed appreciation to Committee members and staff for tremendous support that provided an understanding of County finances to all involved. Report from the Public Safety Committee Mr. Booth, Vice Chair, reported the Committee has not met since the last Legislature meeting and therefore he has no report. Adjournment On motion the meeting adjourned at 6:50 p.m. 12 Public Hearin — A January 16, 2007 Regular Meeting lication for Com i etitive Housin Public Facilities and Microenter i rise Funds under the Small Cities Community Development Block Grant Program in 2007 Chair Joseph called the public hearing to order at 5:30 p.m. concerning an Application for Competitive Housing, Public Facilities, and Microenterprise Funds under the Small Cities Community Development Block Grant Program in 2007. Mr. Joseph asked if anyone wished to speak. Ed Marx, Commission of Planning, stated Tompkins County is proposing to continue and expand the Homeownership Program, originally developed and funded in 1993. The program was refunded in 1994, 1996, 1999, 2000, 2002, and 2005. A $600,000 grant will be requested that will enable the County to assist an additional 1 8020 first-time homebuyers. The program is available to low and moderate income households that meet income qualifications set by the Department of Housing and Urban Development. Participants must either live or work in Tompkins County. The basic terms and policies now being utilized will be continued as part of Tompkins County's Homeownership Program. At this time Mr. Marx outlined the terms of the Program. 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 Shinagawa). Presentation of Distinguished Youth Award James Dennis, District No. 15 Legislator, presented the January, 2007 Distinguished Youth Award to Trumansburg High School senior Ben Dodge as this month's recipient of the Tompkins County Distinguished Youth Award. An apprentice firefighter with the Trumansburg Fire Company, Dodge was nominated by company president Jacqueline Wright, who praised him as a "terrific person" who has "gone above and beyond" since he joined the department more than a year ago. Trumansburg Fire Chief Jason Fulton told the Legislature that Ben has completed well over 100 hours of training, responded to dozens of emergency calls and provided ongoing help at the fire station, all the while participating in three school sports and maintaining an A average in high school. He described Ben as "a dedicated professional." Thanking the Legislature for the award, the recipient said he joined the fire department because he wanted to help people, not to be known as a "superman". Presentation concerning the Tompkins County Emergency Management Planning Committee's 2007 Goals Cheryl Nelson, Public Works Administrator, made the following presentation to the Legislature concerning the Tompkins County Local Emergency Planning Committee: Presentation to the Legislature — Tompkins County Emergency Planning Committee "Resolution Nos. 59 and 91 of 2006, the Legislature respectively approved the adoption of the Tompkins County Emergency Management Planning Committee's bylaws and the adoption of the revisions to Administrative Policy 01-29 related to the County's Emergency Action Plan. "In October, the committee held its first election. I was elected to serve as Chair. Julie Conley - Holcomb, City of Ithaca Clerk, was elected as the Vice Chair. The two of us along with Lee Shurtleff, form the Executive Committee. 13 January 16, 2007 "From October to December, the committee developed a list of goals for 2007. You have received a packet in your mailboxes that contains these goals. "In order to accomplish the goals, sub -committees have been developed based on the goals. As you will see in the packet, each sub -committee has a list of items on which they will be working. The sub -committees include: • Municipal Relations • Public Information Officers • Human and Special Needs • Public Education Outreach • Training and Exercise Design and Development • Recovery "At the present time, we have nearly a full contingent of members. We anticipate that the remaining few vacancies will be filled in the near future. "Since October, meeting attendance and interest has increased and the members seem anxious to forge ahead with the goals that they have identified. "All of the goals and sub -committees are significant and important. However, there are three topics of particular importance: 1. Public Official Conference — as you will see, the first goal for the Municipal Relations sub- committee is to schedule and develop the agenda for this. Municipal officials and other key players in emergency management and response from across the county will be invited to attend the conference that will be scheduled by the end of March (tentatively set for March 29th). Since there has been a significant turnover of municipal officials since the last conference several years ago, this will be a good opportunity for officials to get information on local, county, state, and federal responsibilities and processes related to emergency and disaster situations. 2. Human and Special Needs — is the place where all agencies, departments, and individuals that have been working on various pieces will come together to create a comprehensive, systematic, and unified process. 3. Recovery — the County's action plan is quite lacking in this area so the sub -committee membership consists of a large cross-section of representation in order to develop a comprehensive recovery plan. "I hope that you have had or will have an opportunity to review the packet that was supplied to you. Please feel free to contact me if you have any questions. I would like to return in about a year and provide you with the list of 2007 accomplishments. "Thank you". Privilege of the Floor by Legislators Mr. Joseph, District No. 12 Legislator, informed the Legislature that he has been giving serious consideration to running for the elected office of Town of Ithaca Supervisor. He was contacted today by the Ithaca Journal; therefore, he wanted to tell Legislators he was exploring this before they read a news article. He noted that he has not yet made a decision on whether he will enter that race. Mrs. McBean-Clairborne, District No. 2 Legislator, thanked Legislators for their vote in support of her serving in the capacity as Vice Chair of this Legislature for another year. She was out of the country during the organizational meeting; therefor14, was unable to be in attendance. Mrs. McBean- January 16, 2007 Clairborne stated it is extremely important to her to continue to push the County's diversity efforts through the Workforce Diversity and Inclusion Committee and to make Tompkins County a model employer as well as a model organization for the rest of the country. In addition, she would like to spend more time and effort in the upcoming year looking at performance evaluations. Ms. Herrera, District No. 5 Legislator, reported she had an opportunity to take part in the Skilled Trades Diversity Consortium today where Mrs. McBean-Clairborne presented on behalf of the County's Diversity efforts, the steps that have been taken, journeys, and obstacles that have been encountered, and the ways the County has moved forward. Mrs. McBean-Clairborne represented the County well at this event that had representation from the County, City, Cornell University, and areas as far away as Rochester and Buffalo Ms. Herrera announced the Light in Winter activities will begin on January 25th. This is a marriage of science, art, and music and features activities that everyone can enjoy. Ms. Robertson, District No. 13 Legislator, reported she participated in the Martin Luther King celebration yesterday at GIAC and particularly noted the poverty simulation that was run by Tompkins Community Action. This role-playing event demonstrated how difficult life is for people who deal daily with financial situations as a result of poverty. Ms. Robertson announced she will be traveling to Washington, D.C. with United for Peace and Justice to demonstrate against the Iraq war. If anyone would like more information they should contact her. She also reported a benefit celebration will be held on February 3rd for the Free Health Clinic which has been open one year. Mrs. McBean-Clairborne, District No. 2 Legislator, thanked Ms. Robertson for reporting on the poverty simulation. She said when she first joined this Legislature there was a lot of talk about who can or cannot be part of a decision-making body. She said she endured some of the personal challenges witnessed by those during the simulation and said she is very proud to be in a place where people can see what she has achieved and where that experience and voice can continue to drive some of the decisions and votes she makes. She said those struggles that people encounter are real and very hard. Chair's Report Mr. Joseph reported he traveled to Albany last week to attend a conference on property tax hosted by the Center for Governmental Research. There were two panel discussions; one discussed what the issues are around property taxes and why they are so high in New York State versus other states. There were several people in attendance from State government and Governor Spitzer's administration. One of the most interesting events was in the first session with the think-tank panelists. These panelists presented the ideological positions on the different sides on why property tax is so high. The second panel was a discussion on real property tax assessment in New York State by two people from the Office of Real Property Services. They were critical about the way assessment is currently done and that there are no uniform standards, and also expressed non-support of assessment being done at the town level because of inefficiencies that come with not having a big enough base. Mr. Joseph said one of the reasons New York State has such high taxes is not exactly because things are done inefficiently but the structure is inefficient. He also said that the Office of Real Property Services is not the only office in State government where this problem exists; there are similar cases of inefficiencies at the town and county level of government as well. Mr. Joseph noted that Tompkins County was congratulated for being the only one doing countywide assessment the way it ought to be done. Chair's Appointment(s) 15 January 16, 2007 Mr. Joseph made the following appointment(s): Tompkins County Area Development Board of Directors Martha Robertson Chamber of Commerce Tim Joseph Frank Proto, Alternate Extension Service Duane Randall Greg Stevenson Local Advisory Board on Assessment Review Caroline/Danby - Frank P. Proto Newfield/Enfield — Greg Stevenson Groton — Duane Randall Dryden — Michael Hattery/Martha Robertson Ithaca - Dooley Kiefer/Michael Koplinka-Loehr Lansing - Michael Sigler/Dooley Kiefer Ulysses — James Dennis City of Ithaca — Nathan Shinagawa/Kathy Luz Herrera Ithaca Metropolitan Planning Organization (Policy Committee) Pam Mackesey - Alternate representative Workforce Diversity and Inclusion Committee Leslyn McBean-Clairborne, Chair Tompkins County Workforce Investment Board Alan Pederson Patricia Carey Jeffrey M. Wesche Lisa Holmes Michael Talarski John Rossi John E. Little Barbara Blanchard Nancy Zahler Dammi Herath Patrick McKee Michael Stamm Report from the County Administrator Mr. Whicher noted as a follow-up to Mr. Joseph's report on assessment ineffectiveness that having non -co -terminus boundaries is another problem. He then said in response to this Legislature expressing concerns, Tompkins County's emergency preparedness, Cheryl Nelson has taken the lead in taking responsibility of the integration of authorities of the external group to the County; Shawn Martel - Moore has been asked to take responsibility for the internal coordination of emergency preparedness for the County; Lee Shurtleff is working with the emergency responders. In addition, there are multiple layers dealing with the communications systems, working with Cornell and the State. He said there is a lot of working taking place to make sure that Tompkins County is prepared to handle anything that happens. 16 January 16, 2007 Report from the County Attorney Mr. Wood had no report. Report from the Finance Director Mr. Squires reported on the receipt of property taxes and said there are presently 18 properties, totaling less than $100,000 in outstanding property taxes that may be subject to foreclosure. He spoke of a policy adopted two years ago by which property owners are notified that there would be a fee to allow them to redeem after the final date of pay. Notices were sent out that identified what those fees would be and he believes this has motivated people to take the process seriously. Mr. Squires also reported on a note sale held last week for $3.5 million. The County received the lowest rate of the day at 3.61 percent. Addition of Resolution(s) to the Agenda There were no resolutions added to the agenda. Withdrawal of Resolution(s) from the Agenda There were no items withdrawn from the agenda. Resolution(s) and Appointment(s) Approved Under the Consent Agenda There were no resolutions approved under the Consent Agenda. It was MOVED by Mr. Booth, seconded by Ms. Mackesey, and unanimously adopted by voice vote by members present, to approve the following appointment(s) under the Consent Agenda: Environmental Management Council Terms expire December 31, 2008 Glynn Morgan Beebe - City of Ithaca representative John Dennis — Village of Lansing representative Mental Retardation/Developmental Disabilities Subcommittee Term expires December 31, 2010 Brad Rudin - Community Mental Health Services Board representative Board of Health Term expires December 31, 2012 William S. Tyler - Physician representative Criminal Justice Advisory/Alternatives-to-Incarceration Board Term expires December 31, 2009 Gwen Wilkinson -District Attorney representative Family Court Advisory Council Term expires December 31, 2009 Nancy Zook - At -large representative Workforce Diversity and Inclusion Committee Terms expire December 31, 2007 Betsy L. Doling - Community Member representative Chantalise Demarco -County staff representative 17 January 16, 2007 Patricia Carey - County staff representative Robert J. DeLuca - County staff representative Larry Roberts - Community Member representative Terms expire December 31, 2008 Martha Robertson - County Legislature representative Heather A. Stewart - County staff representative Kristina M. Belanger - County staff representative Shawn Martel -Moore - County staff representative David S. Richardson - Community Member representative Terms expire December 31, 2009 Marcia E. Lynch - County staff representative Carol Griep - County staff representative Lisa Holmes - County staff representative Constance Thompson - Community Member Anita Fitzpatrick - County staff representative Report from the Facilities and Infrastructure Committee Ms. Herrera, Chair, reported the Committee will be meeting January 23`d at 3:30 p.m. Report and Presentation of Appointment(s) from the Personnel Committee Mr. Dennis, Chair, reported discussion on a resolution concerning salaries for red -circled positions will be continued at the next meeting. He also stated that the subject of performance evaluations is one of the Committee's goals for 2007. Mr. Dennis reported a meeting will be held tomorrow with the negotiating team for the road patrol with the expectation to exchange proposals. Appointment to the Workforce Diversity and Inclusion Committee It was MOVED by Mr. Dennis, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present, to approve the appointment of Kathy Luz Herrera, County Legislature representative, for a term expiring December 31, 2009. Report from the Government Operations Committee Mr. Stevenson, Chair, reported the Committee will meet tomorrow at 3:30 p.m. Report from the Planning, Development and Environmental Quality Committee Ms. Robertson, Chair, reported the Committee has not met since the last Legislature meeting. The next meeting will be February 12th at 3:30 p.m. Report from the Budget and Capital Committee Mr. Koplinka-Loehr, Chair, reported the Committee met on January Stn At that meeting the Committee discussed the Public Information Advisory Committee and its interest in holding three public meetings prior to the Legislature's retreat that will take place in April. The Committee also discussed results received in response to the budget process survey and will continue that discussion at the next meeting Report and Presentation of Resolution(s) from the Public Safety Committee 18 January 16, 2007 Mrs. McBean-Clairborne, Chair, reported the Committee met prior to this Legislature meeting to set a meeting schedule for the year, approve appointments, and to take action on the resolution that will follow. The next meeting will be February 1St at 3 p.m. RESOLUTION NO. 4 — APPROPRIATION FROM CONTINGENT FUND — TERMINAL PAY REIMBURSEMENT - DEPARTMENT OF PROBATION AND COMMUNITY JUSTICE MOVED by Mrs. McBean-Clairborne, seconded by Mr. Hattery. A short roll call vote resulted as follows: Ayes — 14, Noes — 0, Excused —1 (Legislator Shinagawa). RESOLUTION ADOPTED. WHEREAS, the Department of Probation and Community Justice had a Probation Supervisor and a Probation Officer retire effective November 30, 2006 and October 28, 2006 respectively, and WHEREAS, the Fiscal Policy of Tompkins County allows for terminal -pay reimbursement from the Contingent Fund, now therefore be it RESOLVED, on recommendation of the Public Safety and Budget and Capital Committees, That the Director of Finance is hereby authorized and directed to make the following budget appropriation: FROM: A1990.54440 Contingent Fund $12,167 TO: A3141.51000211 Probation Supervisor $ 1,203 A3142.51000211 Probation Supervisor $ 4,812 A3142.51000585 Probation Officer $ 2,738 A3141.58800 Fringes $ 469 A3142.58800 Fringes $ 2,945 SEQR ACTION: TYPE II -20 Report from the Workforce Diversity and Inclusion Committee Mrs. McBean-Clairborne, Chair, reported the Committee will meet on January 24th at 3:30 p.m. in the Beverly Livesay Conference Room. Items to be discussed at that meeting include 2007 goals and future planning for diversity efforts. Report from the Health and Human Services Committee Mr. Sigler, Vice Chair, reported the Committee will meet February 7th at 3 p.m. Report from the Health Department Building Committee Mr. Proto, Chair, reported the Committee met on January 11th and reviewed the Committee charge from the Chair. He said copies of the executive summary that was done in 2005 was distributed to members with a request that members review it. The Committee decided to have a representative from Labella Associates who was the consultant who helped the County through the preliminary space needs material attend the meeting to summarize an answer questions about the work of that Committee. Mr. Proto reported certain representatives have been asked to meet with the City of Ithaca, Town of Ithaca, Cayuga Medical Center, to see if any sites have developed since that report was done. Mr. Joseph asked for two to five sites. The next meeting will be February 8th at 3:30 p.m. Individual Member -filed Resolution RESOLUTION NO. 5 — AMENDMENT OF RESOLUTION NO. 1 OF 2007 — ESTABLISHING 2007 MEETING DATES 19 January 16, 2007 MOVED by Mr. Proto, seconded by Ms. Robertson. A voice vote resulted as follows: Ayes — 10; Noes — 4 (Legislators Hattery, Kiefer, Mackesey, and Sigler); Excused — 1 (Legislator Shinagawa). RESOLUTION ADOPTED. WHEREAS, Resolution No. 1 of 2007 established the Tompkins County Legislature meeting dates for 2007, and WHEREAS, it is preferred that the Legislature meets the first and third Tuesday of each month, and WHEREAS, the meetings in July and August do not follow that schedule, now therefore be it RESOLVED, That Resolution No. 1 of 2007 be amended as follows: Tuesday, July 3, 2007 at 5:30 p.m. Tuesday, July 17, 2007 at 5:30 p.m. Tuesday, August 7, 2007 at 5:30 p.m. Tuesday, August 21, 2007 at 5:30 p.m. SEQR ACTION: TYPE II -20 Approval of Minutes of December 19, 2006 and January 2, 2007 It was MOVED by Ms. Robertson, seconded by Mr. Booth, and unanimously adopted by voice vote by members present, to approve the minutes of the December 19, 2007, and January 2, 2007 meetings. MINUTES APPROVED. Adjournment On motion the meeting adjourned at 6:36 p.m. 20 February 6, 2007 Regular Meeting Call to Order Chair Joseph called the meeting of the Tompkins County Legislature to order at 5:30 p.m. Pledge of Allegiance to the Flag and Roll Call of Members Members and guests participated in the Pledge of Allegiance to the Flag. Present: 15 Legislators. (Ms. Kiefer arrived at 5:35 p.m.) Privilege of the Floor by the Public Barbara Blanchard, former Legislator and Municipal Electric and Gas Alliance (MEGA) member, spoke of the achievements of MEGA during 2006, noting that at present twelve counties are members, and due to connections made by County Administrator Steve Whicher with other county officials, three more counties are interested in joining as well. She provided members of the Legislature with written material describing MEGA as well as a list of various members. Ms. Blanchard reported that the Voice Your Choice program through New York State Electric and Gas resulted in 183 expressions of interest in MEGA, which potentially could add 488 electric and 156 natural gas accounts to the program. She said MEGA will be going out to public bid this summer and is hoping to achieve a better rate and savings for all members. Ms. Kiefer arrived at this time. Ms. Blanchard presented Mr. Squires, Finance Director, with a check for $2,000, representing the second year of a three-year subsidy provided as a result of the County's five-year commitment to purchase five percent of its energy from wind -power. She noted that it is hoped to develop a program that will offer a blended renewable energy package that could include wind, solar, etc. In response to a question regarding the Voice Your Choice deadline, Ms. Blanchard stated interested individuals may join the program at any time. Rick Dobson, Danby resident, spoke of his concerns regarding incident reports relating to an accident that occurred approximately two years ago. He feels that incident reports should have a file number associated with them to prevent amending reports at a later time. Mr. Dobson believes there should be some form of review committee connected to public safety officials and requested that he be provided assistance in the matter. Privilege of the Floor by Legislators Mr. Dennis, District No. 15 Legislator, reminded individuals that cellular telephone numbers would be made available to telemarketers within the next fifteen days. Individuals wishing to have their numbers excluded from the list need to register their cell phone at www.donotcall.gov, or by calling 1- 888-382-1222. Mr. Dennis also spoke of the inappropriateness of the "dart" published in the Ithaca Journal that criticized our new Tompkins County Poet Laureate. Mr. Dennis spoke of the Public Information Advisory Board's work regarding the community budget forums that will be held to provide the opportunity for public input into the budget process. There will be one held on March 3rd at the Neptune Hose Fire Department in Dryden, March 10th at the Enfield Elementary School, and on March 24th at the Human Services Building on West State Street. He 21 February 6, 2007 introduced Marcia Lynch, Public Information Officer, who spoke of the importance of these sessions and to obtain public input on the 2008 budget process. She asked that Legislators assist in notifying residents of these meetings and asked for recommendations of individuals who would assist in organizing other public information sessions. Mr. Koplinka-Loehr noted that this effort should not diminish Legislators efforts in the budget process. Mr. Proto, District No. 7 Legislator, spoke of the public discussions as many property owners express opposition to tax rate increases. He said often, the largest tax paid by property owners is school taxes rather than County taxes, and individuals should be aware of the pending $100 million bond issue coming before Ithaca City School District voters. Mr. Proto noted that with the exception of the Groton district, every town has some residents this will affect. He thanked the Board of Education for bringing a public input session to Enfield and Caroline and recommended the public participate when it comes to their area. Mr. Proto expressed concerns with the bonding issue, noting that the initial presentation did not take into account ongoing operation and maintenance costs associated with the project. The second item Mr. Proto wished to note was that to date, the Universal Service Fund audit has not yet taken place. He intends to continue to work on seeking ways to return more of the funds to the County, particularly due to newly -elected Governor Spitzer's interest in expanding broadband throughout the State. Mr. Sigler, District No. 6 Legislator, reminded voters in the Lansing district of the bond proposition vote that is taking place today. Mrs. McBean-Clairborne, District No. 2 Legislator, announced February is Black History Month. She reported that on February 7th Ithaca City Common Council will be awarding Ms. Frances Eastman the J. Diann Sams Annual African American History Month award. Ms. Eastman who has celebrated her 90th birthday, is still an active advocate for fellow citizens. In addition, Mrs. McBean-Clairborne announced that on February 16th the Greater Ithaca Activities Center will hold its annual Black Community Talent Show at 6:00 p.m. Ms. Robertson, District No. 13 Legislator, announced that Ithaca College Biologist Jason Hamilton's presentation on global warming is taking place this evening at the Tompkins County Public Library. Mr. Koplinka-Loehr, District No. 11 Legislator, reported that Dorothy Cotton, peacemaker, motivational speaker, former Southern Christian Leadership Conference education director, and close associate of Dr. King, would be appearing at Cornell University Sage Hall on February 20th Ms. Kiefer, District No. 10 Legislator, spoke regarding Mr. Dobson's concerns, noting that she had been contacted by Mr. Dobson and informed him that due to the public safety issue he is involved in, the County's Ethics Advisory Board was not the appropriate body to address his concerns. She did however inform Mr. Dobson of the traditional routes to investigate concerns of this nature. Presentation of Resolution(s) from the Facilities and Infrastructure Committee RESOLUTION NO. 6 - AUTHORIZATION TO EXECUTE AN AGREEMENT WITH THE COUNTY OF TIOGA — HARFORD ROAD BRIDGE MAINTENANCE AND FUTURE BRIDGE RECONSTRUCTION (BIN 3314090) MOVED by Ms. Herrera, seconded by Mr. Proto, and unanimously adopted by voice vote. WHEREAS, Tompkins and Tioga Counties cooperatively maintain a bridge on Harford Road BIN 3314090) over the West Branch of Owego Creek, and 22 February 6, 2007 WHEREAS, in response to deterioration of the Bridge, the Counties are preparing plans, specifications, and estimates, and Tompkins County has done temporary repair to allow plow trucks and emergency vehicles to pass safely over the structure, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the County Administrator be and hereby is authorized to execute an Agreement with the County of Tioga to obtain reimbursement of costs already spent by Tompkins County and continued cooperative maintenance of the bridge, and design and construction costs associated with the bridge reconstruction, including completed repairs. SEQR ACTION: TYPE II- 20 Resolution(s) Approved Under the Consent Agenda It was MOVED by Mr. Proto, seconded by Mr. Randall, and unanimously approved by voice vote under the Consent Agenda, to present for approval the following resolutions under the Consent Agenda: RESOLUTION NO. 7 - APPOINTMENT OF TEMPORARY BOARD OF ASSESSMENT REVIEW HEARING MEMBERS TO SERVE ON ADMINISTRATIVE HEARING PANELS MOVED by Mr. Proto, seconded by Mr. Randall, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, Real Property Tax Law 523-a permits the 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 Jan deRoos, Edward Laine, Robert Walpole, Ed Finegan, Michael Cannon, and Paul Bonfield 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. SEQR ACTION: TYPE II -20 RESOLUTION NO. 8 - TO AMEND RESOLUTION NO. 9 OF FEBRUARY 7, 2006 - DETERMINATION AND CERTIFICATION OF COUNTY CLERK'S ALLOWANCE - ANNUAL EXPENSES FOR ADMINISTERING MORTGAGE TAX (AMENDED BY RESOLUTION NO. 251 OF 2007) MOVED by Mr. Proto, seconded by Mr. Randall, and unanimously adopted by voice vote 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 $143,042 per annum to $152,483 per annum, and 23 February 6, 2007 WHEREAS, the Finance Director has conducted a cost analysis and has recommended that the allowance for the treasurer's expense for administering the mortgage tax be set at $15,000 per annum, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the sum of $152,483 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 the sum of $15,000 per annum be, and the same hereby is, determined as reasonable and necessary allowance of the Tompkins County Finance Director, to assist in the administration of the mortgage tax funds, and that the said sum of $167,483 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 II -20 RESOLUTION NO. 9 — AUTHORIZING ACCEPTANCE OF A GRANT AND EXECUTION OF CONTRACT BETWEEN THE TOMPKINS COUNTY BOARD OF ELECTIONS ("GRANTEE") AND THE NEW YORK STATE BOARD OF ELECTIONS ("STATE") TO IMPROVE ACCESS TO POLLING PLACES MOVED by Mr. Proto, seconded by Mr. Randall, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, the Help America Vote Act (NAVA) of 2002 mandates reforms to voting systems and procedures, and WHEREAS, the New York State Board of Elections has allocated certain State funds provided to New York State to improve access to polling places in the amount of $28,074 to Grantee as part of the New York State Budget for FY 2006, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the grant offer from the State be and hereby is accepted in the amount of $28,074 and that the County Administrator is authorized to execute the required documents, RESOLVED, further, That the Director of Finance is authorized and directed to make the following budget adjustment: APPROPRIATION: 1450.54400 Program Expense $28,074 REVENUE: 1450.43089 Other State Aid $28,074 SEQR ACTION: TYPE II -20 RESOLUTION NO. 10 — ACCEPTANCE OF A GRANT AND AUTHORIZING A CONTRACT BETWEEN THE TOMPKINS COUNTY BOARD OF ELECTIONS ("GRANTEE") AND THE NEW YORK STATE BOARD OF ELECTIONS ("STATE") TO IMPROVE ACCESS TO POLLING PLACES MOVED by Mr. Proto, seconded by Mr. Randall, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, the Help America Vote Act (HAVA) of 2002 mandates reforms to voting systems and procedures, and 24 February 6, 2007 WHEREAS, the New York State Board of Elections has allocated certain Federal funds provided to New York State to improve access to polling places in the amount of $13,487 to Grantee as part of the New York State Budget for FY 2006, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the grant offer from the State be and hereby is accepted in the amount of $13,487 and that the County Administrator is authorized to execute the required documents, RESOLVED, further, That the Director of Finance is authorized and directed to make the following budget adjustment: APPROPRIATION: 1450.54400 Program Expense $13,487 REVENUE: 1450.43089 Other State Aid $13,487 SEQR ACTION: TYPE II -20 RESOLUTION NO. 11 — AUTHORIZING ACCEPTANCE OF A CONTRACT BETWEEN THE TOMPKINS COUNTY BOARD OF ELECTIONS ("GRANTEE") AND THE NEW YORK STATE BOARD OF ELECTIONS ("STATE") FOR VOTER EDUCATION AND POLL WORKER TRAINING MOVED by Mr. Proto, seconded by Mr. Randall, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, the Help America Vote Act (HAVA) of 2002 mandates reforms to voting systems and procedures, and WHEREAS, the New York State Board of Elections has allocated certain Federal funds provided to New York State for poll worker training and voter education in the amount of $56,148 to Grantee as part of the New York State Budget for FY 2006, and WHEREAS, the Parties acknowledge that this is a "reimbursement based" contract, based on reimbursement of 95 percent of the amount expended by the Grantee, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the grant offer from the State be and hereby is accepted in the amount of $56,148 and that the County Administrator is authorized to execute the required documents. SEQR ACTION: TYPE II -20 RESOLUTION NO. 12 — AUTHORIZATION TO ACCEPT AN AWARD OF A GRANT FROM THE NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES MOVED by Mr. Proto, seconded by Mr. Randall, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, the Probation Director has been notified of a grant award from the New York State Division of Criminal Justice Services in the amount of $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, Cornell University Police Department, and the Human Services Coalition, 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 2007: 25 February 6, 2007 BUDGET ADJUSTMENT Revenue: A3996.43389 State Aid $35,600 Appropriation: A3996.51000754 Administrative Services Coordinator $ 5,000 .58800 Fringes $ 1,950 .54442 Professional Services $28,650 SEQR ACTION: TYPE II -20 RESOLUTION NO. 13 — EXTENSION OF CONTRACT FOR WIRELESS INTERNET SERVICE - ITHACA TOMPKINS REGIONAL AIRPORT MOVED by Mr. Proto, seconded by Mr. Randall, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, by Resolution No. 267 on the 16th day of December 2003 the Tompkins County Legislature did award a three-year contract to Clarity Connect, Inc., of Ithaca to provide Wireless Internet Service at the Ithaca Tompkins Regional Airport, and WHEREAS, it is desirable to investigate whether certain improvements can be made to said Wireless Internet Service that would benefit airport customers, with such improvements being the possible provision of free access and/or the use of an airport -owned computer, and WHEREAS, said investigation would include collection of pertinent information over a six- month period to be evaluated prior to issuing a Request for Proposals that would allow the airport to more clearly state our customer service and operational goals, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the contract with Clarity Connect, Inc., of Ithaca be extended for a six-month period from the 1st day of January 2007 until the 30th day of June 2007 and that the County Administrator be and hereby is authorized to execute a contract extension with Clarity Connect, Inc. SEQR ACTION: TYPE I1-20 RESOLUTION NO. 14 - AUTHORIZING THE COUNTY ADMINISTRATOR TO GRANT AN EASEMENT TO THE CITY OF ITHACA TO CONSTRUCT AND MAINTAIN A WATER MAIN MOVED by Mr. Proto, seconded by Mr. Randall, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, the City of Ithaca has requested that the County grant it an easement on certain property owned by the County near Commercial Avenue in the City of Ithaca for the purpose of constructing and maintaining a water main, and WHEREAS, the anticipated water main project would benefit the County by providing a more reliable water supply and will increase water flow and pressure to the Recycling and Solid Waste Center which would be beneficial in the event of a fire, and WHEREAS, in order to ensure that construction work does not interfere with operations at the Solid Waste Center, no work will take place without the approval of the Solid Waste Manager, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the County Administrator is authorized to grant any necessary easements to the City of Ithaca in order to construct and maintain the water main. SEQR ACTION: TYPE 11-20 26 February 6, 2007 Appointment(s) Approved Under the Consent Agenda It was MOVED by Mr. Proto, seconded by Mr. Randall, and unanimously adopted by voice vote, to approve the following appointment(s) under the Consent Agenda: Ethics Advisory Board Dooley Kiefer, Legislator - term expires December 31, 2010 Hillview Road Landfill Citizens Advisory Committee Dooley Kiefer, Legislator — term expires December 31, 2007 Environmental Management Council Michael Miles — Term expires December 31, 2008 Assessment Review Board Nelson Bills — Term expires September 30, 2011 Edith Spaulding — Term expires September 30, 2010 Advisory Board on Indigent Representation Michael Koplinka-Loehr — Legislator representative; term expires December 31, 2009 Criminal Justice Advisory/Alternatives-to-Incarceration Board Martha Robertson — Legislator representative; term expires December 31, 2009 Emergency Communications Review and Oversight Committee Leslyn McBean-Clairborne — Public Safety Committee representative; term expires December 31, 2008 Traffic Safety Committee Martha Robertson — Public Safety Committee representative; term expires December 31, 2009 Chair's Appointment Mr. Joseph made the following appointment: Dooley Kiefer, Chair of the Ethics Advisory Board for 2007 Chair's Report Mr. Joseph reported on his recent attendance at the New York State Association of Counties (NYSAC) Legislative Conference held in Albany. The Governor's budget was not available as it normally is due to the change of leadership in Albany, which allows later submission. However, the Governor did speak about his proposals to be included in the budget. As a result of the delay, there will be a budget workshop "webinar" available for interested parties to review the information. At this time, Mr. Joseph highlighted some of the overall budget discussions regarding the Governor's budget proposals. One of the items included the removal of parolees from county jails. Mr. Joseph received congratulations that an initiative he had worked for was coming to fruition. The following day during a conference call with Governor Spitzer's staff, more details were provided on the subject and indicated that while the intent is to remove parolees from local facilities, the technicalities of how to proceed due to current statutes may make it difficult. Mr. Joseph said a parolee is entitled to a hearing in the county of origin. At present various solutions are being reviewed, including the possibility of video arraignments 27 February 6, 2007 and the like. He stated that the important factor is that they are acknowledging the State's responsibility for parolees. Mr. Joseph noted that the State is honoring the Medicaid cap and that overall the budget appears to be a break-even proposal with regard to counties. Mr. Shinagawa reported on his attendance at the NYSAC conference, noting he was able to attend a session relating to the Berger Commission's decision regarding Lakeside Nursing and Rehabilitation Center. Two speakers, one a general counsel, and the other a Deputy Director of the Berger Commission, reviewed the methodology and framework utilized to make the recommendations. It had been noted that there was a desire for comprehensive data which meant more current issues and information were not taken into consideration. In addition, it appears that while the Berger Commission has directed closure of facilities, the recommendations are not done in a manner that is logical. The General Counsel of the Berger Commission said the enabling legislation stated that the Commissioner of Health must enact the closures in a reasonable and cost-efficient manner, which may provide an opportunity for Tompkins County to come up with a positive solution. Ms. Robertson reported on her attendance at NYSAC. She received information that the company who has been responsible for certification of voting machines in New York State, as well as other areas across the country, Ciber, has been decertified as a result of the Federal Elections Commission audit in July 2006. This decertification has resulted in a freezing of the certification process and the New York timeline is now at risk as it is doubtful that new machines could be implemented in 2007. Ms. Robertson said the decertification was not initially made public and that the Federal authorities did not provide the information to New York until January 2007. She said another consideration is the desire to wait for a non -presidential year to implement the new voting machines. New York is working with the Department of Justice to extend the HAVA deadline until the 2009 election. Ms. Robertson reported she also went to a Young Professionals Speak Out program that provided insight as to why young people do not remain in New York. Six young adults between the ages of 22 to 30, including Lindsey Novakavic from Ithaca, spoke to the group about the need to have a competitive job market available for individuals to be able to pick and choose the positions desired. Ms. Robertson noted that the youth believe that their positions will change every few years rather than stay in one position as many older professionals have done. The young adults indicated that since most of them would be renting versus owning, property taxes are not a factor. Ms. Mackesey also spoke of her experience at the conference and stated she found it interesting that the only company that had been certified to test voting equipment was Ciber, but that the Federal government did not release the information regarding their malfeasance even when requested. She then spoke of the Berger Commission information received and noted there is a sunset of June 30, 2008 to implement the mandate. Ms. Mackesey said it was a good experience to be among so many officials and was pleased to attend the various workshops, including one relating to staffing public service and dealing with public -sector labor-management relations, particularly how the civil service merit system operates. Mr. Koplinka-Loehr said that Governor Spitzer's speech indicated that he wanted to make changes in the budget transparent in respect to how it will have an impact on counties. In addition, while at the conference, Mr. Whicher, Ms. Younger, and Ms. Martel -Moore, as well as others attending, all received positive comments of how Tompkins County is the leading edge when undertaking programs and ahead of the curve in many areas. He stated the County and staff should be proud of the recognition received. Ms. Herrera said it was interesting to see reactions to Governor Spitzer's speech. She said it is important to recognize that there was a feeling that local government can make a difference. She attended several workshops, including: (1) Building Consensus in a Political Environment, which addressed the 28 February 6, 2007 importance of public involvement; (2) Workplace Violence Law, which goes into effect March 4th, with a forty-five day period following for public comment; and (3) NYSAC Workforce Intelligence Project relating to high-tech manufacturing. She noted the Workforce Intelligence Project indicated that manufacturing in rural areas is not being eliminated but is adapting to become more of a higher technological -based industry. In response to a question from Mr. Proto, it was noted that there were no discussions at NYSAC regarding the STAR school -tax benefit or capping the amount of tax schools could charge. Mr. Dennis reported on his attendance at a local meeting sponsored by "Ithaca Forward" which was designed to show young adults what non-profit programs do and asking for volunteers to serve on committees. In addition, he said several days earlier the Chamber of Commerce had launched a program entitled "Drop Anchor" which was designed to find solutions to retaining the young people in Tompkins County. Mr. Joseph stated there have been many educational meetings by various economic development groups to encourage young people to return to the community and make a life and/or career here. Mr. Proto recalled the success a number of years ago of a Cooperative Extension program coordinated by Ms. Munroe for retention of individuals that was very successful. Report from the County Administrator Mr. Whicher reported he heard many positive comments regarding Tompkins County while attending the NYSAC conference. He is very optimistic with regard to the presentation of the Governor's budget information, noting it is very open and well organized. Mr. Whicher expressed his appreciation to Mr. Proto for the e-mail correspondence recently received. With regard to the previously mentioned webinar on the Governor's budget, Mr. Whicher announced it will be presented at the Beverly Livesay conference room in the Human Services Building this coming Friday from 11:00 a.m. to 1:00 p.m. He anticipates that this presentation will be made by Ken Crannell who has shown an insightful grasp of what the local implications would be for counties. Mr. Whicher spoke of the recent discussions relating to obtaining permission to drill for natural gas at the airport; it is a very complicated process that will require an education process prior to any commitment. He asked that the Facilities and Infrastructure Committee undertake this work. Ms. Robertson noted that Governor Spitzer's budget presentation provided at NYSAC is available at the state website. She stated the school aid formula has been a very political process that the Governor has chosen to eliminate and replace with a standard percentage increase coupled with additional funding for schools whose need is significant. Ms. Robertson inquired whether any information was provided relating to the State's recalculation of reimbursement rates for Early Intervention and was informed by Mr. Joseph that during the conference call with budget officials it was made clear that nothing presented offered a "hold harmless" clause to counties. He said that although it would not be changed there is a possibility of allowing the pay -back period of five years. Mr. Joseph also stated that NYSAC has indicated this matter will be the highest priority of their Legislative Committee. Mr. Booth stated that the school state aid formulas have been developed over a number of years and that it will be difficult to eliminate them in a short period. In addition he remarked that a major difficulty in Albany regarding the setting of State budgets has involved achieving agreement on what State revenues will be collected. This difficulty will not disappear any time soon. Mr. Proto spoke of the proposed drilling for natural gas on County property and noted various drilling companies who expressed the same interest on his property. As a result, he has sought out legal advice due to the manner leases are presented by these various firms. Mr. Proto spoke of obtaining the services of the counsel recommended by Cooperative Extension and the Farm Bureau and has spent over four hours discussing the topic. He feels that it is important to obtain as much detailed information as 29 February 6, 2007 possible and that everyone should be made aware of what the long-term outcomes of a lease could be. An area of concern Mr. Proto noted was what may happen to aquifers if there is blasting and drilling. He recalled when an aquifer was punctured during a bridge reconstruction; the end result was it required emergency work to provide temporary plumbing and was almost two years before the water level returned to its previous level. Mr. Stevenson believes there will be a concerted effort of resources investigating the proposal for drilling on County property and cautioned that the amount of staff time, external consultants, attorney, etc. could exceed the value of the potential revenue and he would like to have the time and money accounted for. Report from the County Attorney Mr. Wood did not have a report. Report from the Finance Director Mr. Squires reported he has started to receive transfer tax income from the State, with $1,200 received in December, $12,000 for January, and the Clerk indicated thus far $15,000 for February. On February 12th there will be a rating review with Moodys, due to notes to be converted into bonds. He anticipates that it will not be a perfect report and may result in a negative outlook. Although the last time this occurred it did not have a negative impact on the County's rating. Mr. Squires indicated that the County received an excess of $300,000 sales tax for 2006, which was the lowest excess in the past six to seven years. In response to Mr. Proto's question, Mr. Squires did not attribute the low sales tax due to warmer weather that caused lower utility charges; he noted that the fourth quarter was even with last year's figures. Resolution(s) to be Added to or Withdrawn from the Agenda There were no resolution to be added to or withdrawn from the agenda. Report from the Personnel Committee Mr. Dennis, Chair, reported the Committee meets on February 14th at 3:00 p.m. Report from the Government Operations Committee Mr. Stevenson, Chair, reported the Committee met on January 17th, at which time they heard from Mr. Wood, County Attorney, about the reorganization of the County Attorney office; this will be discussed further at future meetings. Ms. Coggin and Mr. Franklin from the Assessment Department spoke to the Committee regarding Empire Zone Business Exemptions; no action has been taken at this time. At the present time the Committee is reviewing schedules to determine a mutually agreeable meeting time. The Committee will meet next on February 20 Report from the Planning, Development, and Environmental Quality Committee Ms. Robertson, Chair, reported the Committee will meet on February 12th in the Legislature Chambers at 3:30 p.m., with the first half hour being a joint meeting with the Budget and Capital Committee to review the room tax. She noted it will be a full agenda and will include discussion of the first draft of the Committee goals. 30 February 6, 2007 Report from the Budget and Capital Committee Mr. Koplinka-Loehr reported the Committee met on January 22nd, at which time they reviewed budget survey results, which will lead to a meeting of Legislators with department heads. The Committee reviewed the Public Information Advisory Board recommendations regarding budget forums. In addition the Committee reviewed the top five budget strategies and began to look at the goals. Report from the Public Safety Committee Mrs. McBean-Clairborne reported the Committee met on February et and reviewed the activities of departments. The Emergency Response department provided an update of the communication system as well as other workings of the department. One item that will be coming forward shortly is the subscriber equipment that will be required; specifically, how it will be distributed and who is responsible for costs. The Committee received information regarding the increase in the number of inmate board -outs and the associated expense. In 2006 costs were approximately $779,000; the Committee will review the issue to determine other alternatives to incarceration and building matters that may alleviate the expenses. In addition the Committee approved the resolutions presented to the Legislature this evening as well as reviewed committee goals. Mrs. McBean-Clairborne reported that during the course of the meeting the Committee was informed of a bomb threat at the Human Services Building; she thanked the staff and police personnel for their prompt actions and investigation. The Sheriff reported the Commission of Corrections completed a walk-through and review of the jail and he did not receive any new mandates or directives to amend operations. Mrs. McBean-Clairborne said Assigned Counsel provided statistics for 2006 and the funding expended. Judge Rowley, Family Court Judge, provided information on the collaborative law judge program and requested funding to train their attorneys. This program is designed to keep cases out of the courtroom and have the parties directly involved rather than just attorney decisions. The Committee approved a resolution that will allow the thirty attorneys attend the training that will provide them with the skills to pass the training on to other attorneys. Mr. Proto congratulated Mrs. McBean-Clairborne on her appointment to the Emergency Planning group. He then spoke of the recent flooding last June and suggested a method of central reporting of flooding or emergencies be developed. Mr. Proto then requested the Committee attempt to provide an update on the Alternative to Incarceration program costs. Mrs. McBean-Clairborne said the Criminal Justice/Alternative to Incarceration Advisory Board worked extensively last year on separating out issues and reviewing analysis to assist in planning. She hopes that within the next few months an update will be provided on this work. Mrs. McBean-Clairborne reported a change in the Public Safety Committee meeting schedule, to the third Friday of the month, at 3:00 p.m. Report from the Workforce Diversity and Inclusion Committee Mrs. McBean-Clairborne, Chair, reported the Committee had a productive meeting on January 24th. The Committee worked on goals, indicating there are two to three the Committee hopes to accomplish in 2007. A diversity training film, A Peacock in the Land of Penguins was shown to members with a brief discussion following. The Marketing Committee brought forth the proposal of implementation of the approved logo, which is now in Phase 2. The interim plan was revisited and will be worked on to provide a full, comprehensive diversity plan to be completed. She expressed a desire to see how the County work may be integrated to outlying areas. The Committee will discuss the civil service process and finding alternative ways to have people become successful and obtain meaningful and sustainable employment. The next meeting will be on February 28th 31 February 6, 2007 Report from the Health and Human Services Committee Mr. Shinagawa, Chair, reported the Committee will meet on February 7th. He reported a small working group has been formed by Ms. Holmes, Office for the Aging Director, regarding Lakeside closure. This group, has met with Senator Winner and Assemblywoman Lifton to discuss options, and also earlier in the day to provide an update of information received at the NYSAC conference. At the Committee meeting more details will be provided as well as a presentation by Reality Check regarding increasing the age for tobacco sales to age 19. Mr. Shinagawa said the initiative is being requested to eliminate cigarette sales to high school youth, and is under consideration in Nassau, Suffolk, and Onondaga Counties. Report from the Health Department Building Committee Mr. Proto, Chairman, reported the Committee will meet on February 8th. A summary presentation of the work completed by the Space Needs and Location Committee will be provided by Kevin Marren, LaBella Associates, and the Committee will be updated on discussions with the City of Ithaca, Town of Ithaca, and Cayuga Medical Center. Report from the Facilities and Infrastructure Committee Ms. Herrera, Chair, reported the Committee met on January 23`a and will meet again on February 13th. At the meeting Mr. Nicholas, Airport Manager, updated members on the Ansbro request to drill on County property. The discussion indicated the complexity of this request and requested staff members keep the Committee aware of the process. Ms. Herrera noted that since the meeting many residents have been contacted regarding potential drilling and that the topic may have a consumer impact. She asked that the public be made aware of new information and recommendations and said she agrees with Mr. Stevenson that the County needs to be aware when moving forward that it may not be a viable option. Ms. Herrera reported that she has been working on presenting the goals of the Committee and will be presenting three formats for review. Approval of Minutes of January 16, 2007 It was MOVED by Ms. Robertson, seconded by Ms. Mackesey, and unanimously adopted by voice vote by members, to approve the minutes of the January 16, 2007 meeting. MINUTES APPROVED. Adjournment On motion the meeting adjourned at 7:22 p.m. 32 February 20, 2007 Regular Meeting Call 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 Herrera). Presentation of Keepers of the Newfield Covered Bridge Mr. Stevenson, District No. 8 Legislator, spoke of the historic Newfield Covered Bridge that was completed in 1853. At one point in the 1960's the Bridge was targeted for demolition; however, Grant and Marie Musser saved the Covered Bridge and it went on to be listed in the Register of National Historic places. Mr. Stevenson said the Bridge attracts a lot of attention and the appointment of Keepers of the Newfield Covered Bridge, in order to make sure this local treasure stays with us and stays viable, is important this community. He said the Newfield Historical Society has agreed to accept the appointment for another four-year term. It was MOVED by Mr. Stevenson, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present, to reappoint the Newfield Historical Society as Keepers of the Newfield Covered Bridge for the years 2007-2010. APPOINTMENT CARRIED. Privilege of the Floor by the Public Bob Messinger, representative of Congressman Arcuri, stated the Congressman has opened some offices in his District. The main office will be in Utica at the Federal Building, which was used previously by Congressman Boehlert; offices are also located in Cortland and Auburn. Mr. Messinger said he works out of the Cortland Office and Tompkins County is included in the area he covers. He said Congressman Arcuri is committed to addressing constituent concerns and hopes Legislators or constituents will feel free to contact him with any problems they are having with the federal government. Mr. Messinger said he will serve as the "eyes and ears" in this district for the Congressman and asked members of the Tompkins County Legislature to let him know what their concerns and thoughts are. At this time Mr. Messinger provided information on how he and Congressman Arcuri can be contacted. Jay Franklin, Assistant Assessment Director, announced the date of March 1st is the deadline for applying for real property tax exemption. There are currently several senior citizen and agriculture and farmland exemption applications that are outstanding. The Department of Assessment used an internet company to send out approximately 1,000 prerecorded phone message reminding seniors and agricultural land owners to file their exemption applications by March. Mr. Franklin said they felt this was the most effective and cost-efficient way to reach a large number of property owners at once. He also said the Assessment Department is willing to make home visits to these individuals to assist in completing the application. At the request of Mr. Proto, Mr. Franklin will provide all Legislators with a list of property owners who have not filed for an exemption in an additional attempt to make contact with those residents. Presentation of Resolution by the Health and Human Services Committee RESOLUTION NO. 15 - IN RECOGNITION OF THE TOMPKINS COUNTY HEALTH DEPARTMENT CERTIFIED HOME HEALTH AGENCY — TOMPKINS COUNTY HOME HEALTH CARE 33 February 20, 2007 MOVED by Mr. Shinagawa, unanimously seconded and adopted by voice vote by members present. Alice Cole, Public Health Director, introduced members of the Health Department staff: Sigrid Connors, Director of Patient Services; Kathy Taves, Team Leader; and Deb Thomas, Team Leader. Ms. Cole said she is proud of the dedication and professionalism exhibited by the Home Care staff in receiving their second consecutive deficiency -free survey from the New York State Department of Health. She said having one deficiency -free survey is noteworthy, but achieving a second one is monumental. She also said the State has never before awarded a home health agency two consecutive deficiency -free reviews. Ms. Conner said last year the Home Health Program served over 500 patients; the youngest was two and the oldest was 97. WHEREAS, the Tompkins County Health Department Certified Home Health Agency (Tompkins County Home Health Care) has recently completed the recertification process with the New York State Department of Health, and WHEREAS, the recertification process involved five days of on-site work, 15 intensive chart reviews, five home visits with staff, ten personnel -chart reviews, and policy and contract reviews, and WHEREAS, the agency has earned the state's highest level of approval on their recertification survey for the second consecutive time and has been found to be in substantial compliance with all State and Federal Statutes, Rules, and Regulations that govern the agency, and WHEREAS, in a recent Medicare quality -outcomes survey by IPRO, the agency received the highest rating of good in the acute-care hospitalization initiative, and WHEREAS, the agency had a 94 percent satisfaction rate based on satisfaction surveys of clients in 2006, now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, That the Tompkins County Legislature commends the Tompkins County Health Department Certified Home Health Agency for their tremendous efforts in providing quality home care to the residents of Tompkins County. SEQR ACTION: TYPE 11-20 Privilege of the Floor by Legislators Ms. Mackesey, District No. 1 Legislator, reported on a workshop she attended at the recent New York State Association of Counties Conference. The subject of the workshop was the Early Intervention Program. She said it was an interesting discussion and it was clear that it's a problem across the State. A committee had been established that included representation from the State Education Department, service providers, and health departments to try to come up with a way to deal with the increased cost. This group came up with a plan to have a review conducted every three years with rates remaining the same during the three-year period. This proposal was sent to then -Governor Pataki and was vetoed. Ms. Mackesey said this sends a discouraging message to counties and makes it apparent that counties are suffering from a lack of oversight at the State level. Jim Dennis, District N. 15 Legislator, reminded the Legislature and public that the budget forums will be held in Dryden on March 3; Enfield on March 10; and at the Human Services Building on March 24. Mr. Dennis also spoke of the recent State Comptroller appointment and said he is disappointed and concerned by the selection. Ms. Kiefer, District No. 10 Legislator, responded toy comments made by Mr. Dennis with regard to the State Comptroller appointment and said she didn't share his concern. Ms. Kiefer also spoke of a recent New York Times column regarding single -payer health plans. The article demonstrated how much 34 February 20, 2007 money is wasted on the current system. She said there is a consultant, McKinsey & Co., who recently released results of a financial analysis on our current health care system. The figures show this country spends $98 billion on excess administrative costs, which includes advertising and "demand management", and $66 billion on excess drug and medical -device costs. In contrast, the costs of providing full medical care to the uninsured is estimated at $77 billion, which could be more than covered by moving to a single - payer system in which the government is the insurer and medical services are still provided by the private sector. Ms. Robertson, District No. 13 Legislator, announced WEOS, Ithaca Community Radio, will be part of a national broadcast tonight for the Homelessness Marathon. This began ten years ago and will feature discussions with people on all homeless issues. She said this is a national issue as well as an issue locally. In 2006, there were more than 44 people every night being sheltered in a homeless shelter in Tompkins County. Mr. Proto, District No. 7 Legislator, reported the Ithaca City School District $100 million bond vote is approaching in March. He said this will be a very expensive undertaking and urged the public to pay attention and stay informed. Mr. Proto also mentioned this last Saturday Congressman Arcuri had a session on alternative energy, and while he admires his zeal in addressing this, he was disappointed in the panel he chose for this meeting as it included no members from this Legislature, the Environmental Management Council, or the Agricultural and Farmland Protection Board. He also stressed that this is not a political issue; it is a very important issue that impacts everyone. Mr. Proto also spoke of the Universal Service Fund and said Governor Spitzer has taken this issue on, including how those funds are being appropriated. Lastly, Mr. Proto reported on hybrid vehicles and a concern that has arisen relating to emergency - services personnel responding to accidents involving those vehicles. The concern he raised deals with inconsistent wiring in hybrid vehicles and the amount of power in the main battery. In the event there is an accident the appropriate actions must be taken by emergency responders to power the battery down prior to attempting to extract a victim from the vehicle to prevent injury to responders or the victim. Mr. Proto said local fire companies are primarily manned by volunteers and may not be educated in how to deal with these situations. He asked Mr. Whicher to consider speaking with Mr. Shurtleff, Director of Emergency Response, to take up the issue of addressing with emergency services personnel from across the County. Ms. Robertson said she is pleased to hear Mr. Proto's supportive comments on alternative energy. She attended the Congressman's panel on alternative energy and found it to be very informative. She said the Planning, Economic Development, and Environmental Quality Committee will be discussing this issue and has included it as a major goal for 2007. Mr. Booth, District No. 3 Legislator, urged people to recognize the greatest incentive to reduce usage of fossil fuels in the United States would be to increase the cost of those fuels. He said other countries have been able to effect more changes in the usage of fossil fuels because they have raised prices through their tax polices. Mr. Booth also expressed concern that the selection of State Comptroller shows the continuation of due to narrow partisan -based leadership in both houses of the state legislature and by both Democrats and Republicans. He said that for years narrow partisanship in both houses of the State Legislature has counted far more than the interests of the people of the State of New York. He is also dismayed that all of our local State legislators fell into supporting this continued type of leadership. Report and Appointment(s) from the Chair Mr. Joseph had no report or appointments. 35 February 20, 2007 Report from the County Administrator Mr. Whicher distributed weather maps and explained the process he followed during the recent snowstorm. While he acknowledged that cost had no role in Mr. Whicher's decision to keep the County open, Mr. Booth asked that Mr. Whicher provide the Budget and Capital Committee with the costs of keeping the County open versus closing. Report from the County Attorney Mr. Wood reported as a follow-up to the meeting this Legislature had with Ansbro with regard to oil and gas drilling. He spoke of the proposed Lansing project and stated the project involves 500 acres in an area north of the Airport. He said a successful find generally makes an area more attractive to future drillers. Report from the Finance Director Mr. Squires reported bids will be received on February 22nd on $5.6 million in bonds and $1.8 million in notes. Mr. Squires said the County's finances were narrowing at the end of 2006 and that while the County's bond rating has been sustained at AAII, generally a negative outlook means the financial position will decline; this prediction was right as there was a modest decline in 2006. He said the County could be exposed to a downgrade of its rating at the end of 2007 if this continues. He noted; however, that there are only two counties in New York State, Westchester and Orange, with a higher rating. A copy of the official financing statement was placed on file with the Clerk of the Legislature. 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 permission to withdraw the resolution from the agenda entitled Authorizing 2007 Federal Section 5307 Grant — Tompkins Consolidated Area Transit, Inc. (TCAT). 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: RESOLUTION NO. 16 - BUDGET ADJUSTMENTS — VARIOUS DEPARTMENTS MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, pursuant to Administrative Manual Policy 05-02, budget adjustments exceeding $5,000 require Legislative approval, now therefore be it RESOLVED, on recommendation of the Health and Human Services and the Planning, Development, and Environmental Quality Committees, That the Director of Finance be directed to make the following budget adjustments on his books: Youth Services Revenue Acct Title Amt Approp Acct Title(s) 7022.43820 Programs for Youth $6,601 7022.54400 Program Expenses 36 February 20, 2007 Health Department Revenue Acct Title Amt 4010.44959 Federal Aid Planning Revenue Acct Title $7,927 Approp Acct 4010.54442 Title(s) Professional Amt Approp Acct CD8688.44959 Federal Aid $ 44,364 CD8688.54400 CD8688.42411 CD Program Income $150,000 CD8688.54400 CD8695.42411 CD Program Income $450,000 CD8695.54400 Title(s) Program Expense Program Expense Program Expense Explanation. H07 State Grant Funds remaining; HO State Program Income Funds; HO HUD Program Income Funds. SEQR ACTION: TYPE II -20 RESOLUTION NO. 17 - AUTHORIZING SUBMITTAL OF 2007 SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM APPLICATION TO CONTINUE THE TOMPKINS COUNTY HOMEOWNERSHIP PROGRAM (VIII) MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice vote by members present under the Consent Agenda. 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 seven 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 2007 round of Small Cities CDBG funding for the Tompkins County Homeownership Program (VIII), 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 II -20 RESOLUTION NO. 18 - AMENDING THE TOMPKINS COUNTY HOMEOWNERSHIP PROGRAM TO INCREASE THE ELIGIBLE PURCHASE PRICE FOR HOMES MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the Tompkins County Homeownership Program has provided down -payment assistance to 248 low- and moderate -income households to help purchase safe, decent housing since 1993, and WHEREAS, the number of listings on the market at prices that households with limited incomes can afford to purchase has decreased dramatically as housing prices have increased over the past several years, and 37 February 20, 2007 WHEREAS, increasing the eligible purchase price for homes from the current limit of $125,000 to $150,000 would make more homes available to households eligible for assistance from the Homeownership Program, and WHEREAS, the Homeownership Oversight Committee recommended the proposed program modifications, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That Tompkins County is hereby amending the Tompkins County Homeownership Program guidelines to allow participants to purchase housing at a purchase price not to exceed $150,000. SEQR ACTION: TYPE II -20 RESOLUTION NO. 19 - SCHEDULING A PUBLIC HEARING FOR ADDITIONS TO AGRICULTURAL DISTRICT NO. 1 (EAST SIDE OF CAYUGA LAKE) MOVED by Mr. Booth, seconded by Mr. Proto, 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, three landowners have requested addition of parcels totaling 92.55 acres to Tompkins County Agricultural District 1 and no landowners have requested addition of parcels to Tompkins County Agricultural District 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 20, 2007, RESOLVED, further, That the Clerk of the County Legislature is authorized to place proper notice, including tax parcel numbers and street addresses, of this public hearing in the official newspaper of the County. SEQR ACTION: TYPE II -20 RESOLUTION NO. 20 — REDUCTION OF HOURS — TRANSITION WORKFORCE SPECIALIST POSITIONS AND WORKFORCE DEVELOPMENT COORDINATOR — TOMPKINS COUNTY OFFICE OF EMPLOYMENT AND TRAINING MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the Tompkins County Office of Employment and Training operates the 2006-2007 Workforce Investment Act Youth Program, and WHEREAS, revenue projections were done prior to awarding of the contract and actual revenues are less than anticipated, and WHEREAS, with the reduction in revenue it is necessary to reduce the hours of the Transition Workforce Specialist positions and the Workforce Development Coordinator assigned to the Youth Program, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality and the Budget and Capital Committees, That the positions of Transition Workforce Specialist (Position Nos. 345, 355, and 657), Labor Grade L (12) 12-783, be reduced to 35 hours per week effective immediately, 38 February 20, 2007 RESOLVED, further, That the position of Workforce Development Coordinator (Position No. 649), Labor Grade N (14) 14-790, be reduced to 37.5 hours per week effective immediately. SEQR ACTION: TYPE II -20 RESOLUTION NO. 21— AUTHORIZATION TO ACCEPT A GRANT FROM THE NEW YORK STATE HOMELAND SECURITY — SHERIFF'S OFFICE MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the Tompkins County Sheriff's Office has been notified of a grant award from the New York State Office of Homeland Security's Grant Program in the amount of $29,500, and WHEREAS, the New York State Office of Homeland Security grant represents a project for a providing interoperable communications equipment (800 MGHZ) for the County's incident -command bus, now therefore be it RESOLVED, on recommendation of the Public Safety Committee, That the County Administrator or his designee be authorized to execute all contracts related to this award for the period of July 1, 2006, through June 30, 2008, RESOLVED, further, That the Director of Finance is authorized and directed to make the following budget adjustment: REVENUE: 3113.43089 Other State Aid $ 29,500 APPROPRIATION: 3113.52222 Communications Equip. 29,500 SEQR ACTION: TYPE II -20 RESOLUTION NO. 22 - AUTHORIZING CHANGES IN CHARGE STRUCTURE - TOMPKINS COUNTY HOME HEALTH CARE - HEALTH DEPARTMENT MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, Tompkins County's accounting consultant, Michael McCarthy, CPA, of McCarthy & Conlon, LLP, has recommended changes in the Certified Home Health Agency fee structure to maximize Medicaid and Medicare revenues, and WHEREAS, New York State currently promulgates rates on the day the County Legislature approves them and it is therefore, desirable for Tompkins County to adopt the 2007 rates in February 2007 for implementation on March 1, 2007, and WHEREAS, all changes proposed were made to align charges with actual costs per unit of service as determined during Mr. McCarthy's most recent review of our financial and statistical data, now therefore be it RESOLVED, on recommendation of the Health and Human Services and the Budget and Capital Committees, That the Tompkins County Health Department implement the charge structure below, as recommended by Michael McCarthy, CPA, in order to maximize Medicaid, Medicare, and other third - party revenues: 2007 Tompkins County Home Health Care Fee Schedule 2003 2004/2005 2006 2007 Skilled Nursing $126.00 $140.00 $150.00 $165.00 High Tech Nursing $135.00 $165.00 $185.00 $190.00 Physical Therapy $105.00 $105.00 $110.00 $112.00 Speech Therapy $105.00 $105.00 $105.00 $105.00 Occupational Therapy $105.00 $105.00 $105.00 $105.00 39 February 20, 2007 Medical Social Work $105.00 $105.00 $105.00 $105.00 Home Health Aide $ 41.00/hour $ 45.00/hour $ 45.00/hour $ 45.00/hour $ 75.00/visit $ 90.00/visit $ 90.00/visit $ 90.00/visit SEQR ACTION: TYPE II - 20 RESOLUTION NO. 23 - AUTHORIZING CHANGES IN FEE STRUCTURE - TOMPKINS COUNTY MENTAL HEALTH CLINIC MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the Tompkins County Community Mental Health Services Board at its January 22, 2007, meeting has, after careful review, approved the change of fee structure for the Tompkins County Mental Health Clinic as indicated herein, and WHEREAS, the Tompkins County Mental Health Clinic has not changed its fees and sliding scale since June of 1997, and WHEREAS, the fee for Full Individual Clinic Visits, Full Medication Management visits, and Collateral Visits (all a minimum of thirty minutes) have been $90.00 since 1997 and all other services as listed below have been $45.00 since that time, and WHEREAS, the Tompkins County Community Mental Health Services Board has approved a resolution on January 22, 2007, that the Clinic Fee structure and sliding scale be reviewed no less than every three years, and WHEREAS, Tompkins County ensures that all County residents have access to mental health services, without regard to ability to pay, through the use of sliding scales based on income and fee adjustments based on income combined with household expenses, and WHEREAS, an analysis of all 1,279 current patients of the Tompkins County Mental Health Clinic indicates that only two individual's sliding -scale fee would increase as a result of this change, and that these two individuals could be offered fee adjustments of their rates to current levels based upon their overall financial circumstances, now therefore be it RESOLVED, on recommendation of the Health and Human Services and the Budget and Capital Committees, That the Tompkins County Mental Health Department implement the fee structure below for Clinic Services, in order to maximize Third -Party Insurance revenues: 2007 Tompkins County Mental Health Clinic Fee Schedule Service Type Current Fee Fee Full Individual Clinic Visit $90.00 $120.00 Full Medication Management Visit $90.00 $120.00 Brief Individual Clinic Visit $45.00 $60.00 Brief Medication Management Visit $45.00 $60.00 Group Therapy Visit $45.00 $60.00 Collateral Visit $90.00 $120.00 RESOLVED, further, That the accompanying sliding -scale rate sheet will be implemented immediately upon approval of this resolution by the full Legislature. SEQR ACTON: TYPE II -20 40 February 20, 2007 RESOLUTION NO. 24 - AUTHORIZATION TO EXECUTE AN AGREEMENT WITH THE TOWN OF GROTON AND THE VILLAGE OF GROTON — SPRING STREET BRIDGE RECONSTRUCTION AND FUTURE MAINTENANCE (BIN 3210340) MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, Tompkins County and the Town and Village of Groton cooperatively maintain a bridge on Spring Street (BIN 3210340) over Owasco Inlet in accordance with Resolution Nos. 43 of 1946 and 259 of 1998, and WHEREAS, in response to deterioration of the Bridge, the County is preparing plans and specifications, and will receive bids to build a replacement structure in 2007, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the County Administrator be and hereby is authorized to execute an Agreement with the Town of Groton and the Village of Groton to fund replacement and to specify responsibilities for continued cooperative maintenance of the bridge. SEQR ACTION: TYPE II- 2 RESOLUTION NO. 25 — AUTHORIZING RENEWAL OF AGREEMENT WITH NATIONWIDE RETIREMENT SOLUTIONS, NATIONWIDE FINANCIAL SERVICES, INC., AND NATIONWIDE TRUST COMPANY FOR CONTINUATION OF TOMPKINS COUNTY'S DEFERRED COMPENSATION PLAN MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the Tompkins County Deferred Compensation Plan has been provided administrative services by Nationwide Retirement Solutions, with Nationwide Financial Services, Inc., serving as financial organization and Nationwide Trust Company serving as trustee, and WHEREAS, agreements between Tompkins County and such entities to provide such services expired on June 19, 2006, and WHEREAS, Tompkins County has chosen to extend such agreements for a one (1) -year period to expire June 19, 2007, now therefore be it RESOLVED, on recommendation of the Personnel Committee, That the Chairman of the County Legislature, upon approval of the contract by the County Attorney, is authorized to execute the contract extension for the above -referenced agreements with Nationwide Retirement Solutions, Nationwide Financial Services, Inc., and Nationwide Trust Company for one (1) year, ending on June 19, 2007. 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 by members present, to approve the following appointment(s) under the Consent Agenda: Planning Advisory Board Martha Robertson — Planning Committee representative; term expires December 31, 2009 Regional Forest Practice Board Duane T. Randall - Legislator; term expires December 31, 2007 41 February 20, 2007 Soil and Water Conservation District Frank Proto — Legislator; term expires December 31, 2007 Homeownership Oversight Committee Martha Robertson — Chair of the Planning Committee; no set term Water Resources Council James Dennis — County Legislator; term expires December 31, 2007 Board of Health James C. MacMillan — Physician; term expires December 31, 2012 Tompkins County Youth Services Board Maureen Kelly — City of Ithaca representative; term expires December 31, 2009 Workforce Diversity and Inclusion Committee Kit Kephart — County staff representative; term expires December 31, 2008 Office for the Aging Advisory Committee Catherine K. Paddock — term expires December 31, 2009 Human Rights Commission Josephine Carcich — term expires December 31 2009 Antonia F. Murdogh — term expires December 31, 2009 Community Mental Health Services Board Michael J. Lakin — term expires December 31, 2010 Mental Retardation/Developmental Disabilities Subcommittee Janette Lynch — Community Member representative; term expires December 31, 2010 Report, Presentation of Resolution(s) and Appointment(s) from the Planning, Development, and Environmental Quality Committee Ms. Robertson, Chair, reported the Committee met on February 12th. Members of the Budget and Capital Committee joined the Committee to discuss the Strategic Tourism Program and the Room Tax grant program. An interesting history and overview were provided; any Legislator interested in receiving a copy of this information should let her know. There was discussion about possibly revising how the funds are distributed; she noted any change would have to go through the local -law process. She reported other subjects discussed included indicators of success for 2006 from the Planning Department and action steps for the County's Comprehensive Plan and these will continue to be discussed at the next meeting. The Committee reviewed and approved the Planning Department's 2007 Work Plan. She called attention to the Committee's approval to amend the County's Homeownership Program by increasing the eligible purchase price. She noted this will not reduce the number of households that will be helped and said the $30,000 cap will remain in place. The Committee also discussed the draft housing strategy prepared by the Planning Department. This will go to the Tompkins County Council of Governments this week for discussion. RESOLUTION NO. 26 - APPOINTMENTS TO INDUSTRIAL DEVELOPMENT AGENCY MOVED by Ms. Robertson, seconded by Mr. Dennis. Ms. Kiefer said she will vote against this resolution because of the process by which the positions are being filled or continued as she does not consider it to have been a very open process. Mr. Booth said 42 February 20, 2007 he will oppose this resolution because he thinks the membership of this board should include a representative of the business community, that is someone who has actually worked in business. Ms. Mackesey will vote against this for both of the reasons expressed by Ms. Kiefer and Mr. Booth. Mr. Hattery agreed with Mr. Booth and said the IDA (Industrial Development Agency) Governance Committee will be taking up the issue of the composition of the IDA. Mrs. McBean-Calirborne said she will support this resolution because there appears to be a movement being undertaken to look at the process. Mr. Joseph clarified that the IDA will be looking at its own bylaws. A voice vote resulted as follows: Ayes — 9; Noes — 5 (Legislators Booth, Kiefer, Mackesey, Proto, and Sigler); Excused — 1 (Legislator Herrera). RESOLUTION ADOPTED. WHEREAS, Section 856 of the General Municipal Law authorized that the Tompkins County Legislature designate the members of Industrial Development Agency by resolution, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the following members be appointed to the Industrial Development Agency to serve at the pleasure of the Legislature, effective immediately: Kathy Luz Herrera - Member, Tompkins County Legislature (City representative) Tim Joseph - Member, Tompkins County Legislature (Rural representative) Mike Hattery - Member, Tompkins County Legislature (Rural representative) Martha Robertson - Member, Tompkins County Legislature (Rural representative) Jeff Furman - At -large member Dan Cogan - At -large member Jean McPheeters - Tompkins County Area Development Board of Directors representative RESOLVED, further, That Tim Joseph serve as the Chair of the Industrial Development Agency, RESOLVED, further, That the Clerk of the Legislature is authorized and directed to file with the Secretary of State a Certificate of Appointment. SEQR ACTION: TYPE II -20 Appointment It was MOVED by Ms. Robertson, seconded by Mr. Shinagawa, to approve the following appointment: Local Empire Zone Administration Board William J. R. Clairborne — zone resident; term expires December 31, 2008 Ms. Kiefer asked that this appointment be removed from the Consent Agenda because of the way in which the Zone Resident membership was solicited and chosen, and stated she does not believe it was a fair or open process. Ms. Robertson said she asked a number of people for suggestions of individuals who would be interested. As with many County advisory board appointments, a long and hard search can be performed with little results. She stated the County is fortunate to get individuals who do volunteer. Mrs. McBean-Clairborne disclosed that she is the spouse of William J.R. Clairborne. A voice vote resulted as follows: Ayes — 12, Noes — 2 (Legislators Kiefer and Mackesey), Excused —1 (Legislator Herrera). APPOINTMENT CARRIED. Report from the Government Operations Committee Mr. Stevenson, Chair, reported the Committee will meet tomorrow at 3:30 p.m. Report and Presentation of Resolution(s) from the Budget and Capital Committee 43 February 20, 2007 Mr. Koplinka-Loehr, Chair, reported the Committee met on February 12th. At that meeting the Committee discussed goals for 2007 and also the Rollover Policy. The Committee requested additional information, including a breakdown by department on the source and usage of Rollover funds for the last five years. The Committee also asked that Mr. Whicher and Mr. Squires provide a recommendation to the Committee on this policy at the next meeting. Mr. Koplinka-Loehr reminded Legislators that the Legislature Retreat will be held April 26th at 6:30 p.m. The next meeting will be February 26th Mr. Joseph commented that he does not believe the Fiscal Policy relating to Rollover Funds should be reviewed every year. RESOLUTION NO. 27 - AUTHORIZING CHANGE IN COURT ATTENDANTS HOURLY REIMBURSEMENT RATE MOVED by Mr. Koplinka-Loehr, seconded by Mr. Booth. Mr. Joseph said he will not support a resolution that approves a wage increase that doesn't provide a livable wage as stated in the County's policy. Mr. Whicher said the individuals employed as court attendants tend to be retired people who use these funds to supplement to their income. While they are on the County's payroll this is just a "pass through"; the County pays the cost and is reimbursed by the State. Mr. Joseph said he will vote no on this and hopes a change is made to the way this is structured. There was a concern raised by Ms. Mackesey that while there is a philosophical agreement with Mr. Joseph, there are also concerns shared by members of this Legislature that if this resolution does not pass, that these individuals will receive no increase in pay. A voice vote resulted as follows: Ayes — 13, Noes — 1 (Legislator Joseph), Excused — 1 (Legislator Herrera). RESOLUTION ADOPTED. 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 Attendants, and WHEREAS, it is recommended that regular Court Attendants be reimbursed at the rate of $7.65 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 $8.65 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, and WHEREAS, New York State sets the rates for court attendants and pays in full for those court attendants with the County simply serving as a fiscal agent for those wages, 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 January 1, 2007, from $7.40 to $7.65 and from $8.40 to $8.65 for extra responsibilities. SEQR ACTION: TYPE II -20 Report and Presentation of Resolution(s) from the Public Safety Committee Mrs. McBean-Clairborne, Chair, reported the Committee has not met since the last Legislature meeting. RESOLUTION NO. 28 — AUTHORIZATION TO PAY FOR ASSIGNED COUNSEL TRAINING AND APPROPRIATION FROM CONTINGENT FUND — ASSIGNED COUNSEL 44 February 20, 2007 MOVED by Mrs. McBean-Clairborne, seconded by Mr. Booth. Mr. Proto stated the individuals receiving this training are not County employees and that this is continuing legal education for attorneys. He asked if the County would be paying the entire cost of this and was informed by Mrs. McBean-Clairborne that this amount is for $5,000; the total training cost is $7,500. In addition to other benefits of having this training, those attorneys in attendance will in turn be training others. A short roll call vote resulted as follows: Ayes — 13, Noes — 1 (Legislator Proto), Excused —1 (Legislator Herrera). RESOLUTION ADOPTED. WHEREAS, attorney fees for custody cases in the Assigned Counsel program exceed $300,000 annually, and WHEREAS, the Assigned Counsel program believes that a "collaborative law" model will result in better outcomes and eventually reduced costs for custody cases, and WHEREAS, Judge Rowley has requested funding to initiate a "collaborative law" model for custody cases, and WHEREAS, training to initiate a "collaborative law" model in Tompkins County will cost $7,500, and WHEREAS, estimated fees derived from training participants will reduce the cost of the training to $5,000, and WHEREAS, there are no funds within the Assigned Counsel Program to pay this cost, now therefore be it RESOLVED, on recommendation of the Public Safety Committee, That the Director of Finance is hereby authorized and directed to make the following budget appropriation: FROM: A1990.54440 Contingent Fund $5,000 TO: A1170.54412 Assigned Counsel Training $5,000 RESOLVED, further, That this contingent fund appropriation will not affect the Assigned Counsel Department's 2007 rollover allocation. SEQR ACTION: TYPE II -20 Report from the Workforce Diversity and Inclusion Committee Mrs. McBean-Clairborne, Chair, reported the Committee will meet on February 28th Report and Presentation of Resolution(s) from the Health and Human Services Committee Mr. Shinagawa, Chair, reported the Committee has met twice since the last Legislature meeting. There was discussion on February 7th about the meeting schedule for the year and the possibility of holding a second meeting each month that will focus on discussion topics and areas of interest. The Committee continues to work on its goals. At the present time there are four goals as follows: to preserve and enhance the quality of care for the aging; to improve access to and quality of health care; to better invest public resources to effectively serve our County's youth; and to better understand unfunded mandates and organize practical ways in which the County can pushback against them. Mr. Shinagawa said at both meetings the Committee discussed the subject of Tobacco 19. At the first meeting the Coordinator of Reality Check, representatives from the American Cancer Society, American Lung Association, and students from Ithaca High School were in attendance. These individuals were advocating for the Tobacco 19 proposal which is to increase the legal purchasing age of tobacco products to the age of 19. After discussion a motion was made to ask the County Attorney to draft a local law for consideration at the next meeting. At today's meeting there were presentations made by Health 45 February 20, 2007 Department staff in which concerns were expressed, some of which included increased costs that would not be eligible for grants, enforcement, and the burden on retailers. Also, the Director of Environmental Health in a written letter to the Committee said if this were being done on a Statewide basis it would be much easier than adopting it on a Countywide basis since there is no evidence it would actually decrease smoking by minors. The Committee will be discussing this at the first meeting in March and will be forwarding it to the Board of Health for input and a recommendation. Mr. Shinagawa said the Committee also received an update on the Lakeside Nursing Home/Berger Commission report. Lisa Holmes, Director of the Office for the Aging, met with Michael Burgess, the New Director for the State Office for the Aging and communicated that he is sympathetic to Tompkins County's concerns. Mr. Shinagawa said he has heard that Tompkins County's new State representatives have been meeting with representatives of Governor Spitzer's Administration to think of potential ways to preserve those skilled nursing home beds. The next meeting will be March 7th at 3 p.m. RESOLUTION NO. 29 - AUTHORIZATION TO ACCEPT DONATION AND ESTABLISH AN ACCOUNT FOR THE DONATED FUNDS MOVED by Mr. Shinagawa, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present. WHEREAS, the Tompkins County Office for the Aging has been awarded a donation of $10,000 in memory of Marilynn Efroymson Gazevitz to assist frail elders and their caregivers with services needed to help the elder remain living independently and which they could not otherwise afford, now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, That the County gratefully accepts the donation of $10,000 to be used for the aforementioned purpose, RESOLVED, further, That the Director of Finance is authorized to establish an account to hold the donated funds, RESOLVED, further, That from time to time funds will be appropriated into the Office for the Aging's budget in order to fund needed services for qualifying individuals. SEQR ACTION: TYPE II -20 Report from the Health Department Building Committee Mr. Proto, Chair, reported the Committee met on February 8th. At that meeting the Committee and staff received an overview from Kevin Marron of LaBella Associates on the Space Use Master Plan that had been developed previously. That plan identified a number of the sites that were examined two years ago. There was also a report on the reaction of the Town and City of Ithaca and Cayuga Medical Center with regard to their interest or non-interest in sites being pursued in their locale. There was no opposition expressed. He said when the Mental Health Building was constructed it was made strong enough to accommodate six additional floors. Unfortunately, the mechanicals were put on the roof, and while the pillars are strong enough to hold it, the individuals currently housed in the building would have to be temporarily relocated while those mechanicals were being dismantled to add additional floors. Mr. Proto said the Committee worked on establishing a timetable and wanted to allow an opportunity for additional sites within the City or Town of Ithaca to be brought forward. He said if any individual has additional criteria they want to have considered, information should be submitted to Ed Marx, Commissioner of Planning and Public Works by April 1Si. By May or early June the Committee would like to have site selection complete with prime sites ready to bring to the Legislature following that. The next meeting will be March 8th. 46 February 20, 2007 Report and Presentation of Resolution(s) from the Facilities and Infrastructure Committee Ms. Kiefer, Vice Chair, reported the Committee met on February 13th. At that meeting the Committee approved an audit of final payment for work that has been completed as part of the Transient Ramp Rehabilitation contract at the Ithaca Tompkins Regional Airport. With respect to the gas exploration, the Committee learned that Robert Nicholas, Airport Manager, that he is checking with other airports to see if there are others who have addressed the issue of oil and gas drilling. Commissioner indicated that the County would likely put out an RFP at some point in the future but that is not definite at this time. The Committee heard from Bill Sczesny, Highway Manager, and Public Works Commissioner Marx, about the results of a cost -benefit analysis performed by the State Department of Transportation on road and bridge projects that were put forward by Tompkins County for 2007-2012 Transportation Improvement Program (TIP) approval to get federal and State funding. The Committee learned that because Tompkins County is part of a region that for example, includes Onondaga County, we don't do very well when it comes to cost -benefit analysis when a multi-million dollar major road reconstruction project or a new bridge that costs millions of dollars is proposed. The DOT looks to see how many people are being served by that facility and Tompkins County's population doesn't place us up there with others. Of three bridge projects proposed only one; the Newfield Depot Bridge; which costs $880,000, was approved for TIP funding. There were four road projects (Coddington, Pine Tree, Ellis Hollow, and East King Roads) did not get included in the Plan. Fortunately, TCAT will receive $1.2 million for busses. She said in the past when Tompkins County competed for these monies the usual ratio of money available to money requested was 1:2; this year it was 1:5 and she sees little hope for this to improve in the future. She said she is not very hopeful that major road and bridge projects will receive funding in the future, and this is an alarming issue. The next Committee meeting will be February 27th. Mr. Booth expressed concern for what this would mean for the even -less -populated northern counties and stated this is an issue that should be raised with State legislators and the Governor's Office. Mr. Proto said in reading something about the Governor's budget the article indicated there was a reduction in the funding. Ms. Kiefer said CHIPS funding was being held but because of inflation, that is a reduction. Ms. Robertson asked what was driving this. Ms. Kiefer said she believes this is the result of everyone holding down taxes by deferring maintenance. That is why there are so many projects of major proportion being requested now. RESOLUTION NO. 30 — CHANGE OF RULE CONCERNING LEGISLATIVE REPRESENTATION ON THE AIR SERVICE BOARD MOVED by Ms. Kiefer, seconded by Mr. Booth, and unanimously adopted by voice vote by members present. WHEREAS, Resolution No. 281 of 2005 requires the Legislative Representative on the Air Service Board (ASB) to also be a member of the program committee responsible for airport operations, and WHEREAS, there is no member of the 2007 program committee who can fill that position, and WHEREAS, the 2006 Legislative member of the ASB wishes to continue, and that continuation is supported by the ASB, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the requirement for the Legislative member of the ASB to also be a member of the program committee having jurisdiction over airport operations be waived for 2007. SEQR ACTION: TYPE II -20 47 February 20, 2007 Report and Presentation of Resolution(s) from the Personnel Committee Mr. Dennis, Chair, reported the meeting scheduled for February 14th was canceled due to the weather. The Committee met briefly prior to this meeting to take action on the resolutions that appear on the agenda. RESOLUTION NO. 31 — AUTHORIZATION TO PAY ROAD PATROL CONTRACT NEGOTIATOR COSTS FROM THE CONTINGENT FUND MOVED by Mr. Dennis, seconded by Mrs. McBean-Clairbome. A short roll call vote resulted as follows: Ayes — 14, Noes — 0, Excused —1 (Legislator Herrera). RESOLUTION ADOPTED. WHEREAS, the Employees Union of the Tompkins County Sheriff's Department has been working without a contract since March 1, 2006, and WHEREAS, by Resolution No. 162 of 2006, the Tompkins County Legislature authorized the negotiating team to hire a professional negotiator, and WHEREAS, the negotiating team has entered into an agreement with Roemer, Wallens, & Mineaux, LLP, to provide negotiating services in the amount of $15,000, and WHEREAS, no funds have been budgeted or allocated for these costs, now therefore be it RESOLVED, on recommendation of the Personnel and the Budget and Capital Committees, That negotiator fees in the amount of $15,000 will be paid from the Contingent Fund, RESOLVED, further, That the Director of Finance is hereby authorized and directed to make the following budget appropriation: FROM: A1990.54440 Contingent Fund $15,000.00 TO: A1430.54442 Professional Services $15,000.00 RESOLVED, further, That the contingent fund appropriation will not affect the Personnel Department's 2007 rollover allocation. SEQR ACTION: TYPE II -20 Approval of Minutes of February 6, 2007 It was MOVED by Ms. Robertson, seconded by Mr. Shinagawa, and unanimously adopted by voice vote by members present, to approve the minutes of February 6, 2007. MINUTES APPROVED. Adjournment On motion the meeting adjourned at 7:28 p.m. 48 March 6, 2007 Regular Meeting Call to Order Mrs. McBean-Clairborne, Vice Chair, called the meeting to order at 5:30 p.m. [Chair Joseph arrived at this time.] 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 Mackesey and Randall). Privilege of the Floor by the Public Doria Higgins, Town of Ithaca, spoke in support of the resolution on the agenda entitled Resolution on the Need for Unemployment Insurance Reform, and urged all members of the Legislature to support the resolution as well, noting it is wonderful to see Tompkins County, City of Ithaca, and the Town of Ithaca all working together on this. William Meyer, City of Ithaca, spoke of the September 11, 2001, attack on the World Trade Center. He said he has studied the issue for several hours and has concluded that it was an inside job. He will e-mail a link on this to Legislature members individually. Andrew Zepp, representative of the Finger Lakes Land Trust, spoke in support of the resolution on the agenda entitled Appropriating Funds for the Babcock Tract from the Capital Reserve Fund for Natural, Scenic, and Recreational Resource Protection. He said the Land Trust is a not-for-profit organization that works with towns and landowners cooperatively to conserve significant open space in the 12 -county Finger Lakes area. He said the Babcock property is one the Finger Lakes Land Trust feels needs to be set aside as public open space because it features more than a mile on the Cayuga Inlet and consists largely of flood plains. It also includes steeply sloping woodland, public fishing access to more than a mile of water, and a key stretch of the Finger Lakes trail corridor that connects Treman State Park and the Land Trust Lick Brook Preserve. It is also located within one of the County's natural feature focus areas as delineated in the Comprehensive Plan. John Rancich, Enfield Energy, spoke concerning his endeavor to construct a wind farm in the Enfield/Newfield area. Mr. Rancich said he would like to explain to the public and the Legislature what he plans to do and where the project currently stands and invited Legislators to contact him Pete Meyers, City of Ithaca resident and Coordinator for the Tompkins County Worker's Center, spoke in support of the resolution on the agenda entitled Resolution on the Need for Unemployment Insurance Reform. He provided examples of instances where employees of educational institutions are not able to collect unemployment insurance during the two and a half to three months each year when they are not working, contracting that with Tompkins Cortland Community College cafeteria workers. He also mentioned the situation of Ithaca City School District aides and service workers. Joe Hawes, City of Ithaca, spoke of his personal experiences as an employee of Cornell University's dining services and said he is laid off for 20 weeks per year and is unable to collect unemployment. He urged support of the resolution entitled Resolution on the Need for Unemployment Insurance Reform. Terry Sharpe, President, U.A.W Local 2300, spoke in support of the resolution on the agenda entitled Resolution on the Need for Unemployment Insurance Reform. Ms. Sharpe said she represents 49 March 6, 2007 approximately 1,100 employees at Cornell University and said that these employees are not only out of work during the summer but also during several breaks in the winter and spring. She said these employees are often forced to obtain services from the Department of Social Services because they are unable to collect unemployment benefits during these periods of time. Carl Feuer, City of Ithaca, spoke in support of the resolution on the agenda entitled Resolution on the Need for Unemployment Insurance Reform. He said 75 years ago Franklin D. Roosevelt established the right to unemployment insurance. That was in recognition of the devastation that unemployment causes working families when it happens as well as the needs of communities and the economy for that injection into the economy when there is unemployment. He said in the last 25 years that right and has slowly been taken away. In 1983, Legislation was adopted that stripped hourly paid workers in educational institutions from eligibility for unemployment during seasonal layoffs. He said the State is now being asked to overturn that Legislation, and to include opportunities for retraining and help for persons with English as a second language, and the resolution being presented this evening is the first step towards that action. Mr. Feuer said Cornell University President Skorton has articulated his support for these goals and meetings with Cornell will continue. Debbie Minnick, President of the Ithaca City School District Paraprofessionals representative, spoke in support of the resolution on the agenda entitled Resolution on the Need for Unemployment Insurance Reform. Ms. Minnick said there are 220 teaching assistants and aides in the Ithaca City School District who work ten months per year. She said unemployment benefit reform is an issue that needs to be addressed and this is an opportunity for Tompkins County to be at the forefront of an important issue. Eric Byrd, Town of Newfield resident and member of the Tompkins County Labor Coalition, spoke in support of the resolution on the agenda entitled Resolution on the Need for Unemployment Insurance Reform. He said he would also like to see more clarification in the rules for unemployment. He shared his personal experiences with the unemployment system in which discounts he received wee counted as income, and urged the Legislature to adopt the proposed resolution. Cris McConkey, Town of Enfield, spoke in support of the resolution on the agenda entitled Resolution on the Need for Unemployment Insurance Reform. He said he was denied unemployment insurance benefits in the 1970's for selling eight gallons of goat milk per week. Under the four-day work week provision in New York State Unemployment Insurance, which is different from other states because others are based on an income system, the fact that he was engaged in agricultural work as a sideline meant that he was working seven days a week because doing chores count as a day worked. He asked that language be added to the resolution that would abolish the four-day work week approach and move to an income approach. Joyce Canter, Town of Dryden, spoke in support of the resolution on the agenda entitled Resolution on the Need for Unemployment Insurance Reform. She said New York State is 48th in the nation in terms of unemployment insurance. RESOLUTION NO. 32 - PROPOSED COUNTY RESOLUTION ON THE NEED FOR UNEMPLOYMENT INSURANCE REFORM MOVED by Mr. Shinagawa, seconded by Mrs. McBean-Clairborne. It was MOVED by Mr. Booth, seconded by Mr. Hattery, to Refer this resolution to Committee. Mr. Booth said while he does not object to the substance of this resolution, this resolution needs to be reviewed and investigated by the Health and Human Services Committee. While this is an Individual - Member -Filed resolution, its contents are relevant to the issues dealt with by that Committee. Mr. Booth thinks this Legislature has a responsibility to find out what significance these recommendations would have to the operations of the major educational employers in Tompkins County. He thinks there would 50 March 6, 2007 still be time following a review by the Health and Human Services Committee, for the resolution to be submitted to the State Legislature. Mr. Shinagawa said he opposes the motion to refer this to Committee. This resolution does not address any specific piece of Legislation; it states that there is a problem and outlines where some of the problems exist in particular. He is unsure what input from educational institutions could be helpful at this stage. Mr. Hattery said he only became aware of this resolution today and does not feel he is informed enough to support the resolution at this time. Ms. Kiefer said she will support the motion to Refer to Committee because she would like additional language considered that would address some of the specific issues raised this evening. Ms. Herrera said reform takes a long time but it is important that it be communicated from the community up. In calling on the State Legislature, the Governor, and Labor Commissioner to enact measures to bring significant reform to our unemployment insurance system only asks that discussions begin on this issue. Mr. Sigler stated he supports a lot of the language contained in the resolution; however, there are other parts of the resolution he cannot support. He said the resolution also raises the question of whether some of this should be a subsidy for school districts. As written, he is concerned that this may cut into what unemployment insurance is actually for. Ms. Robertson said if the educational institutions had to rehire these staff who fall into this category, it would be a huge cost. These employees are not highly paid and typically don't have any cushion to live on during these periods and are expected to return to work when the institution wants them back. Mrs. McBean-Clairborne said last year this Legislature decided to pass a resolution about livable wage and she recalls a similar argument that there was not specificity in the language. She said small steps do matter, and that resolution has made a significant impact on employees throughout the County. She stated the resolution could have a positive impact on several lives and sees this as another opportunity to take a small step to move in the right direction. Mr. Proto said based on the statement that there is no urgency to this, he cannot see any harm in taking advantage of an opportunity to gather additional information and educate this body further. He said the type of debate and discussion that is presently happening is one that should take place in Committee. Mr. Dennis said as a former employee of the Ithaca City School District, he witnessed first-hand what the impact was on those employees who worked only ten months per year. His only concern with this resolution is what the impact would be financially to all school districts across the State. Mr. Shinagawa spoke to the issue of timing and said it is too late to place this on the agenda for this week's Health and Human Services Committee agenda; therefore, it would not come before this Legislature until April. He thinks that is too late and that a message needs to be sent now that this is a high priority. The Question was called by Mr. Dennis, seconded by Mr. Stevenson. A voice vote on Calling the Question resulted as follows: Ayes — 12, Noes — 1 (Legislator Sigler), Excused — 2 (Legislators Mackesey and Randall). THE QUESTION WAS CALLED. 51 March 6, 2007 A voice vote on the motion to Refer to Committee resulted as follows: Ayes — 6 (Legislators Booth, Hattery, Kiefer, Koplinka-Loehr, Proto, and Sigler); Noes — 7 (Legislators Dennis, Herrera, Joseph, McBean-Clairbome, Robertson, Shinagawa, and Stevenson); Excused — 2 (Legislators Mackesey and Randall). MOTION FAILED. At this point Ms. Kiefer offered four amendments to the proposed resolution, to add language that addresses some of the public input as well as the issue of trust fund insolvency; they were accepted as friendly by the movers. Mr. Booth said he would not vote against a resolution in favor of reforming the unemployment system. He stated it is important for members of this Legislature to bring forward issues that are important because of what is going on in the community. However, there is a committee structure in place to look at issues and it should be used to examine at the substance of various ideas brought forward. Education is the leading industry in the Tompkins County and he thinks it would have been reasonable and responsible to have made the inquiry he suggested earlier. Mr. Sigler agreed with Mr. Booth's comments but has too many concerns and unanswered questions. He said this is different than the living wage issue because that had a direct impact on the County. Mr. Sigler said he would like to know what impact this would have on educational institutions, and on contract negotiations. Mr. Shinagawa apologized for not bringing this through the Committee process. He said this does not refer to any specific piece of State legislation. He said he has heard there will be some in the near future and if it addresses the issues outlined in this resolution he fully intends to support the Legislation. It was MOVED Mr. Proto to Postpone this resolution to the March 20, 2007, meeting. Chair Joseph declared the motion substantially the same as the previous motion and ruled the motion out of order. Mr. Proto stated a motion to refer to committee is different than a motion to postpone to a specific date. Mr. Wood, County Attorney, said there is a difference between a motion to table and a motion to postpone. However, one could frame them so that they are virtually identical. He said it would be up to the Chair to make a decision on this. Mr. Joseph said he thinks the motions are substantially similar because someone could continue making motions to postpone to different dates but the motions would have the same meaning. Mr. Proto challenged the ruling of the Chair. A voice vote on the question: "Shall the ruling of the Chair be sustained" resulted as follows: Ayes - 7 (Legislators Dennis, Herrera, Joseph, Koplinka-Loehr, McBean-Clairborne, Robertson, and Shinagawa); Noes — 6 (Legislators Booth, Hattery, Kiefer, Proto, Sigler, and Stevenson); Excused — 2 (Legislators Mackesey and Randall); Abstentions — 1 (Chair Joseph). THE RULING OF THE CHAIR WAS SUSTAINED. It was MOVED by Ms. Robertson, seconded by Mr. Dennis, to Call the Question. A vote by show of hands resulted as follows: Ayes — 10, Noes — 3 (Legislators Proto, Sigler, and Stevenson). THE QUESTION WAS CALLED. A voice vote on the resolution resulted as follows: Ayes — 10; Noes — 3 (Legislators Hattery, Proto, and Sigler); Excused — 2 (Legislators Mackesey and Randall). RESOLUTION ADOPTED. WHEREAS, a strong unemployment insurance program maintains the standard of living of working families, boosts communities and empowers the redeployment of New York's workforce into good jobs, and 52 March 6, 2007 WHEREAS, New York's maximum unemployment benefit has been frozen at $405 per week since 1998, leaving New York as 48th out of 50 states in protecting its workers against the financial impact of job loss, and WHEREAS, only 41 percent of the jobless receive benefits at all, leaving hundreds of thousands left out each year, and WHEREAS, many hundreds of hourly -paid employees of educational institutions in Tompkins County are denied any unemployment benefits during long periods of layoff between school terms and on school breaks, and WHEREAS, most other hourly -paid workers are eligible for unemployment benefits when temporarily laid off, including workers doing exactly the same jobs as hourly -paid employees of educational institutions, now therefore be it RESOLVED, That the County of Tompkins calls on our State Legislators, the Governor and the Labor Commissioner to enact measures to bring significant reform to our unemployment insurance system, RESOLVED, further, That this reform should include a meaningful increase in the maximum benefit as well as an increase in the calculation for lower wage workers, RESOLVED, further, That this reform should include elimination of the denial of access to unemployment benefits for hourly paid employees of educational institutions and some part-time agricultural workers, RESOLVED, further, That this reform should include expanded opportunities for jobless workers to complete job training programs to upgrade their skills, RESOLVED, further, That this reform provide improved access at all levels of the system to workers with limited English-speaking skills, RESOLVED, further, That this reform should clarify what constitutes income to persons receiving unemployment, RESOLVED, further, That this reform address the need to insure solvency of the Unemployment Insurance Trust Fund. SEQR ACTION: TYPE II -20 Privilege of the Floor by Legislators Ms. Robertson, District No. 13 Legislator, said she attended the first of three public forums on the budget. She thanked the Public Information Advisory Board and Marcia Lynch, Public Information Officer, for all of the work in preparing information in a very understandable format. Ms. Robertson urged anyone who was not able to attend the forum on March 3rd to attend additional forums that will be held on March 10th at the Enfield Elementary School and on March 24th at the Human Services Building. She announced a meeting will be held tomorrow at Cooperative Extension at 6:30 p.m. on ways to save energy within a home. Mr. Dennis, District No. 15 Legislator, thanked staff and the Public Information Advisory Board for pulling together information for the public budget forum held last Saturday. He said he hopes for a better turnout at the upcoming forums, he was pleased with the quality of work that went into the forum. Mr. Proto, District No. 7 Legislator, reminded the public to vote this evening on the Ithaca City School District bond resolutions. He said there is another meeting taking place this evening at Cooperative Extension about oil and gas leasing that has been taking place throughout the County. Chris Dalton, an attorney from Elmira, will be present at that meeting to talk with interested individuals. A second meeting will be scheduled with elected officials who are unable to attend. Mr. Proto called attention to his telephone bill and read a notice on the bill: "Effective February 1, 2007, the carrier -cost recovery surcharge which applies to your Frontier Communication of America long distance plan will increase from $.99 to $1.49." This surcharge is not a tax or a government charge 53 March 6, 2007 but helps Frontier Communications of America to recover various costs, including costs the company incurs in the administration of the Universal Service Fund, the national fund for telecommunications relay service regulatory filing expenses and compliance items". He urged those who have Verizon or any other telephone service to check their phone bills to see if they have experienced an increase as well. Mr. Sigler, District No. 6 Legislator, spoke of the resolution adopted earlier and stated he does support Member -filed resolutions but believes that resolution should have been debated through the committee process. Mr. Sigler congratulated Ed Marx. Commissioner of Planning and Public Works, and his staff for the role they played in the recent grant award for the Town of Lansing. Mr. Shinagawa, District No. 4 Legislator, reported last weekend he attended a conference in Washington D.C. for the Young Elected Officials Network. He said several in attendance spoke of their experiences and stated other boards don't seem to be as wise, forgiving, and willing to mentor other members like this Legislature has done with him. He extended his appreciation to members of this Legislature for providing him with a positive experience. Mrs. McBean-Clairborne, District No. 2 Legislator, announced boxing will return to the Greater Ithaca Activities Center on March 17th and urged everyone to come and show their support. She also announced the Annual Human Services Coalition meeting will be held tomorrow at the Women's Community Building where Cornell University President Skorton will be the keynote speaker. Mrs. McBean-Clairborne spoke of the budget forum held last Saturday and complimented staff for the work that went into forum and the information that was presented. Ms. Kiefer, District No. 10 Legislator, reported a Peace March will take place on Saturday, March 17th and for the first time in several decades the Northeast (Town of Ithaca and Cayuga Heights) will be marching. Ms. Herrera, District No. 5 Legislator, said last evening there was a Labor Religion Coalition meeting where 37 local employers were commended for taking part in the Livable Wage Certification Program. She said this is the first in the country of this kind of program. They also began a 40 -hour fast to demonstrate in solidarity that people can sacrifice on behalf of those who are hungry. She commended Legislator Shinagawa and others who are fasting. She also congratulated the 37 certified livable wage employers, including Tompkins County. Chair's Report Mr. Joseph said he has received and will make available a cd-rom copy of the NYSAC webinar that was on the Governor's budget for anyone who is interested. He also reported the Fiscal Policy Institute was in town recently to conduct a seminar on the State budget and what is involved in it as well as impacts. Materials from this seminar will also be made available in the Legislature Office. Report from the County Administrator Mr. Whicher spoke of the survey that was conducted as the conclusion of the budget process and stated one item that came out of that was a strong desire for some type of dialogue between department heads and Legislators. He announced this will take place on April 19th from 2:30 to 4:30 p.m. Additional details on the format will be worked on through a planning process. Mr. Whicher will also be having a discussion on March 8th with department heads on the subject of the snow event that happened in February. At that meeting they will discuss how that event was handled by the County, what the expectations should be, and what process should be looked at. He said he has received several comments about the desire to take another look at the current policy. He hopes to have a similar discussion with the unions, but in a different venue. 54 March 6, 2007 Report from the County Attorney Mr. Wood spoke of the Lansing Sewer District. He said the Town of Lansing previously asked if the County would be willing to contribute towards its sewer district. He had mentioned there were some legal issues involved with that and it was referred to the Planning, Development, and Environmental Quality Committee. After discussion the Committee asked Mr. Wood to write to the Comptroller a proposal whereby the County would lend the Lansing Sewer District funds and to receive determination if such an action would be legal. Mr. Wood received a response from the Comptroller in which it stated in the form it was presented (a loan to the Lansing Sewer District) it would not be acceptable. It further stated one municipality should not act as a bank for another municipality. The Controller stated by local law, the County could offer a gift to the Lansing Sewer District. However, such an action would be subject to a finding in the County's audit that the County had not been equitable because it had given to one municipality and not others. One way to avoid this would be to make the program available in the local law, to all municipalities or similarly situated districts. Ms. Robertson stated that with this new information it was her decisions as Chair of the Committee not to further discuss this proposal. If another member wishes to pursue it further she would honor that request. Report from the Finance Director Mr. Squires reported a bond sale was conducted on February 22nd. There were nine bids received for $5.6 million bonds at an interest rate of 3.95% for a twenty-year life. A note sale of $1,815,000 went for a rate of 3.64%. He also reported the County's audit is scheduled to begin on March 26th Addition of Resolution(s) to the Agenda There were no resolution(s) added to the agenda. Withdrawal of Resolution(s) to the Agenda There were no resolution withdrawn from the agenda. Approval of Resolution(s) Under the Consent Agenda It was MOVED by Mr. Booth, seconded by Ms. Robertson, and unanimously adopted by voice vote by members present, to approve the following resolution(s) under the Consent Agenda: RESOLUTION NO. 33 - BUDGET ADJUSTMENTS — OFFICE FOR THE AGING MOVED by Mr. Booth, seconded by Ms. Robertson, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, pursuant to Administrative Manual Policy 05-02, budget adjustments exceeding $5,000 require Legislative approval, now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, That the Director of Finance be directed to make the following budget adjustments on his books: Office for the Aging Revenue Acct Title Amt Approp Acct Title(s) 6779.43803 State Revenue $ 234 6779.51000215 Salary 6779.43803 State Revenue $ 739 6779.51000517 Salary 6779.43803 State Revenue $ 134 6779.51000529 Salary 6779.43803 State Revenue $ 134 6779.51000637 Salary 6779.43803 State Revenue $ 275 6779.54303 Supplies 55 March 6, 2007 6779.43803 State Revenue $38,000 6779.54400 6779.43803 State Revenue $ 484 6779.58800 Explanation: Reappropriated money to be used in 2007 for Restore Grant. SEQR ACTION: TYPE II -20 Program Expense Fringes RESOLUTION NO. 34 - AUDIT OF FINAL PAYMENT — RINGWOOD ROAD BRIDGE REPLACEMENT PROJECT RIGHT-OF-WAY — VARIOUS PROPERTY OWNERS - PIN 375320 (BIN 3314160) MOVED by Mr. Booth, seconded by Ms. Roberston, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the four (4) parcel acquisitions as listed below (indentures and easements) were completed in accordance with the Right -of -Way Plan for replacement of the Ringwood Road Bridge over Cascadilla Creek (BIN 3314160) in the Town of Dryden as approved by Resolution 236 of 2005, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the final claim against Tompkins County, be and hereby is audited by the County Legislature: Vendor Payment Request Account No. Amount Various Property Owners 2 (Final) HZ5103.53.11 $535.00 Count Tax Map # Acres Type Parcel Address Owner Price 1 65.-3-5 0.011 PE 809 Ringwood Road Selman, Julia Mulks $ 200.00 2 65.-3-4.4 0.006 FEE 783 Ringwood Road Hubbert, Robert & Shari $ 100.00 3 65.-3-4.4 0.031 PE 783 Ringwood Road Hubbert, Robert & Shari $ 435.00 65.-1-8 & 4 0.06 FEE 3 Ringwood Knoll Cornelius, Bernard & Sandra $ 1.00 65.-1-1.62 SEQR ACTION: TYPE II -20 Approval of Appointment(s) Under the Consent Agenda It was MOVED by Mr. Booth, seconded by Ms. Robertson, and unanimously adopted by voice vote by members present, to approve the following appointment(s) under the Consent Agenda: Ernest N. Warren Supreme Court Library Board of Trustees Dooley Kiefer — County Legislature representative; term expires January, 2009 Tompkins Cortland Community College Board of Trustees Raymond A. Dalton — Tompkins County representative; term expires December 31, 2014 Air Service Board Nathan Shinagawa — County Legislature representative; term expires December 31, 2009 Report and Presentation of Resolution(s) from the Planning, Development, and Environmental Quality Committee Ms. Robertson, Chair, reported the Committee met prior to this meeting to look at the Resolution below which was revised at the Budget and Capital Committee meeting. The next meeting will be March 12th at 3:30 p.m. 56 March 6, 2007 RESOLUTION NO. 35 - MAKING A NEGATIVE DETERMINATION OF ENVIRONMENTAL SIGNIFICANCE IN RELATION TO RESOLUTION NO. 36 OF 2007 MOVED by Ms. Robertson, seconded by Mr. Booth, and unanimously adopted by voice vote by members present. WHEREAS, in Resolution No. 36 of 2007 the County allocates funding from the Capital Reserve Fund for Natural, Scenic, and Recreational Resource Protection to the Finger Lakes Land Trust for the purchase of the Babcock Tract, and WHEREAS, the Tompkins County Legislature has reviewed and accepted as adequate an Environmental Assessment Form with respect to the action, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That Resolution No. 36 of 2007 is an unlisted action, RESOLVED, further, That the Legislature hereby makes a negative determination of environmental significance in regard to Resolution No. 36 of 2007. SEQR ACTION: Short EAF on file with the Clerk of the Legislature RESOLUTION NO. 36 - APPROPRIATING FUNDS FOR THE BABCOCK TRACT FROM THE CAPITAL RESERVE FUND FOR NATURAL, SCENIC, AND RECREATIONAL RESOURCE PROTECTION MOVED by Ms. Robertson, seconded by Mr. Booth. A roll call vote resulted as follows: Ayes — 12, Noes — 1 (Legislator Hattery), Excused - 2 (Legislators Mackesey and Randall). RESOLUTIONADOPTED. WHEREAS, the Tompkins County Legislature established the Capital Reserve Fund for Natural, Scenic, and Recreational Resource Protection by Resolution No. 217 of 2005, and WHEREAS, the current balance in the Capital Reserve Fund is $51,323, and WHEREAS, the purpose of the Capital Reserve Fund is to support participation by Tompkins County in partnerships with other levels of government and private organizations to: • protect and preserve the natural, scenic, and recreational resources found in the Agricultural Resource Focus Areas and Natural Features Focus Areas identified in the Comprehensive Plan, • preserve and develop recreational trail corridors that cross municipal borders, • develop outdoor recreation facilities, within the focus areas, that are intended to serve all county residents, and WHEREAS, the Interim Program Guidelines for use of the Capital Reserve Fund calls for proposed projects to substantially further at least one of the following objectives: • Protect a stream buffer at least 330 feet in width, • Provide public access to the Cayuga Lake shore, • Protect land that is adjacent to permanently protected open space, • Preserve land on an existing or potential intermunicipal trail corridor, and WHEREAS, the Finger Lakes Land Trust has requested financial support from the Capital Reserve Fund for the purpose of protecting the Babcock Tract and providing public access to the tract, and WHEREAS, the Finger Lakes Land Trust purchased the Babcock Tract, which had an appraised value of $178,000, for $150,000, and WHEREAS, the Babcock Tract: • is located in The Gorges Natural Features Focus Area;, • adjoins Robert H. Treman State Park, the Lick Brook Cornell University Natural Area, and two areas protected by conservation easements, 57 March 6, 2007 • is traversed by Cayuga Inlet, along which the New York State Department of Environmental Conservation has obtained public fishing rights, • is crossed by the Finger Lakes Trail, and WHEREAS, the Commissioner of Planning and Public Works and the Planning Advisory Board have recommended that the County Legislature authorize funding of the Babcock Tract acquisition from the Capital Reserve Fund, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee and the Budget and Capital Committee, That a total of Twenty Thousand Dollars ($20,000) in funding from the Capital Reserve Fund for Natural, Scenic, and Recreational Resource Protection be appropriated for the purpose of securing the Babcock Tract in collaboration with the Finger Lakes Land Trust and others, and of providing public access to the tract, and RESOLVED, further, That the County Administrator or his designee be authorized to execute any contracts or agreements related to this project. SEQR ACTION: Unlisted Report from the Budget and Capital Committee Mr. Koplinka-Loehr, Chair, reported the Committee met on February 26th and discussed some of the items that have already been taken up by this Legislature including a Legislature/department head forum, budget issues, process, and outcome of the budget survey. The Committee also discussed the Rollover Policy and three concepts for proposals that were brought forward by the County Administrator and Finance Director. After discussion, the Committee directed further work be done on some of the concepts which included: if the Unreserved Fund Balance were to dip in any one year by a certain percentage, the triggering of a policy that would not allow Rollover for that particular year, a ten-year history of the change in that Fund Balance; the consideration of 1/3 of funding for unfilled positions being returned to the General Fund with 2/3 being eligible by the Department as Rollover. He said he hopes the Committee will be able to make a recommendation to the full Legislature prior to the April 26 budget retreat. Report from the Public Safety Committee Mrs. McBean-Clairborne, Chair, reported the Committee will meet on March 16. Report from the Workforce Diversity and Inclusion Committee Mrs. McBean-Clairborne, Chair, reported the Committee met on February 28th and discussed goals for 2007. The Committee included a long-term goal that addresses the barriers that are the result of the Civil Service process of hiring diverse employees. The Committee hopes to lobby the State of New York to reform the process in order to maximize the number of people who are reachable for hiring. The Committee also discussed a workforce violence prevention plan that will go into effect on March 4th Mrs. McBean-Clairborne announced that in June the Tompkins County Human Rights Commission will host the New York State Affirmative Action Conference. The Multicultural Resource Center will be hosting talking circles this summer and she will provide further information as it becomes available. The next meeting will be March 28th. Report from the Health and Human Services Committee Mr. Shinagawa, Chair, reported the Committee will meet tomorrow at 3 p.m. Report from the Health Department Building Committee 58 March 6, 2007 Mr. Proto, Chairman, reported the Committee will meet Thursday (3/18) at 3:30 p.m. in the Old Jail Conference Room. He announced April 1 is the last date by which the Committee will receive information on new sites to consider. He urged anyone who would like to suggest a site that meets the criteria, to turn information into Mr. Marx, Commissioner of Planning and Public Works by April 1. Report from the Facilities and Infrastructure Committee Ms. Herrera, Chair, reported the Committee met on February 27. Some of the business conducted at that meeting included the Transportation Improvement Program and ways to deal with not receiving funding. The options include stretching the funding to get the maximum amount of work done possible which would mean not including certain design features that residents and municipalities would prefer, or including projects in the Capital Program. She said Tompkins County did not receive this funding because of not ranking high enough on the cost : benefit analysis, which is a result of not having enough traffic on the roads in the County. The Committee had a discussion about how to revise the project from reconstruction to reducing the treatment that would extend the life of the road. She stated there was also discussion of working with municipalities and educational institutions about projects when it appears improvements could coincide with their upgrades. The Committee received a report from Arel LeMaro about how Facilities Division staff dealt with the snow emergency on February 14th. Ms. Herrera said employees are commended for the tremendous amount of teamwork and hard work that went into handling that emergency. Ms. Herrera announced the meeting scheduled for March 14 has been cancelled; a special meeting will be held on March 20 at 3:30 p.m. Report from the Personnel Committee Mr. Dennis, Chair, reported the Committee will meet on March 14 and will have a discussion of Committee goals. He also reported labor negotiations continue with the Road Patrol. Report and Presentation of Resolution(s) from the Government Operations Committee Mr. Stevenson, Chair, reported the Committee met on February 21 and heard from Mr. Wood, County Attorney, that there have been additional lawsuits filed against New York State concerning H.A.V.A. (Help America Vote Act). Mr. Wood said he does not see any particular advantage for one county to join another in a suit as the case would be decided on its merits. The Committee also heard from Mr. Squires, Finance Director, on the status of property subject to foreclosure; the list of properties is short and he is investigating the possibility of having a joint auction with Tioga County. There was also a discussion of the proposed reorganization of the County Attorney's office and decided to separate the two aspects of the reorganization. The first part of that involves the salary and hours of the Deputy County Attorney, which will be considered this evening, and the request to increase the salary from the County Attorney position will be presented at a later date. Mr. Stevenson announced the Committee has established a meeting schedule for the remainder of the year. Meetings will be held the second Friday of each month at 2 p.m. RESOLUTION NO. 37 - APPROVAL OF DESIGNATIONS OF SUCCESSORS MOVED by Mr. Stevenson, seconded by Mr. Booth. Mr. Stevenson expressed concern that although there is a position created to be the number two in the Department of Emergency Response, it is still vacant, but should be listed as front in the line of succession. A voice vote resulted as follows: Ayes — 11; Noes — 2 (Legislators Kiefer and Stevenson); Excused — 2 (Legislators Mackesey and Randall). RESOLUTION ADOPTED. 59 March 6, 2007 WHEREAS, Section 31.07 of the County Charter specifies that the County Administrator and specified department heads shall designate in writing, and in order of succession, the deputies (or in the absence of officially designated deputies, the employees of the department) who shall possess the powers and perform the duties of the principal in the event of the latter's absence from the County or inability to perform or exercise the powers of the office, and WHEREAS, the Charter further requires those designations, except department heads elected on a countywide basis, to be approved by the Tompkins County Legislature, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the following designations of successors are hereby approved, RESOLVED, further, That this list is complete and supercedes all previous designations: Airport Manager: County Administrator: County Attorney: Commissioner of Social Services: Director of Emergency Response: Public Health Director: Medical Examiner: Mental Health Commissioner: Director of Finance: Commissioner of Personnel: Commissioner of Planning and Public Works: Assistant Airport Manager Airport Terminal Services Coordinator Operations Supervisor Deputy County Administrators Paula Younger Shawn Martel Moore County Attorney Finance Director Deputy County Attorney Director of Services Director of Administrative Services Social Services Staff Development and Quality Coordinator Communication Systems Manager Communication Center Manager 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 Budget and Finance Manager Director of Accounting Services Deputy Commissioner of Personnel Deputy Commissioner of Planning 60 March 6, 2007 RESOLUTION NO. 38 — AUTHORIZING SALARY FOR POSITION ABOVE THE SALARY RANGE — DEPUTY COUNTY ATTORNEY MOVED by Mr. Stevenson, seconded by Mr. Proto. A short roll call vote resulted as follows: Ayes — 13, Noes — 0, Excused — 2 (Legislators Mackesey and Randall). RESOLUTION ADOPTED. WHEREAS, the Legislature desires to set the salary for the employee in the following position: Deputy County Attorney ,and WHEREAS, the system utilized by Tompkins County to assign salaries to positions based on job description is unable to match the market -rate salary of this specialized professional position, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That effective January 1, 2007, the base salary for the incumbent in the title listed below shall be: Deputy County Attorney $47,840 at 20 hours RESOLVED, further, That effective immediately, whenever there is a vacancy in this title, a base salary will be set for the newly hired incumbent on an individual basis by a resolution of the Legislature, RESOLVED, further, That no new monies are needed to fund this change. SEQR ACTION: TYPE II -20 Approval of Minutes of February 20, 2007 It was MOVED by Mr. Shinagawa, seconded by Ms. Robertson, to approve the minutes of February 20, 2007 as corrected. MINUTES APPROVED. Adjournment On motion the meeting adjourned at 7:18 p.m. 61 March 20, 2007 Regular Meeting Public Hearing — Additions to Agriculture District No. 1 (east side of Tompkins County) Chair Joseph called the public hearing to order at 5:30 p.m. concerning additions to Agriculture District No. 1 (east side of Tompkins County), and asked if anyone wished to speak. Ken Miller, Town of Dryden, spoke of property he owns in the Town of Dryden. He said it is his understanding that the Village of Dryden is somewhat opposed to the addition of some Village parcels being included in the agriculture district. He said the property is not included in the district at the present time because at one time there was potential to develop water and sewer services, which are not permissible on land belonging to an agriculture district. Mr. Miller said this is still agriculture land that he will continue farming and it will remain as open space. He said this land is appropriate for inclusion in the agriculture district and asked the Legislature to consider his request that would provide both him and the Village with protection of the land. No one else wished to speak and the public hearing was closed at 5:35 p.m. Pledge of Allegiance to the Flag and Roll Call of Members Members and guests participated in the Pledge of Allegiance to the Flag. Present: 13 Legislators. Excused: 2 (Legislators Kiefer and Randall). Presentation of Tourism Partner Award Legislator Dennis presented Mr. Robert Harris and Mr. LeNorman Strong representing Cornell University's Alpha Phi Alpha fraternity, with the first Tompkins Tourism Partner's Award. The Alpha Phi Alpha fraternity is the first African American Fraternity in the country, and is being presented this award in recognition of its centennial celebration, a national event that attracted more than 400 room nights at local hotels. Mr. Strong thanked the Legislature for the award and said many members have been extremely touched by the hospitality they have experienced from this community. He also noted that Mr. LeNorman is a national historian. Presentation of Proclamation(s) Chair Joseph presented the following proclamation(s): Red Cross Month in Tompkins County - March, 2007 Girl Scouts Make the World a Better Place Week — March 11-17, 2007, to Mary Grainger Sister2sister Day in Tompkins County — March 31, 2007, to Mary Grainger Presentation of Distinguished Youth Award Mrs. McBean-Clairborne, District No. 2 Legislator, presented the March, 2007, Distinguished Youth Award to Jonathan Reed. Mr. Reed was nominated for the award by GIAC Teen Program Director, Cassandra Nelson, who praised Jonathan's active involvement for the past three years with the Greater Ithaca Activities Center, and also his academic, athletic, and civic achievements. Mrs. McBean- Clairborne described Mr. Reed's personal characteristics and qualities including being dependable, reliable, and being able to take the initiative needed to do what needs to be done. His achievements include participating in a Citywide teen focus group addressing teen input and attending a week-long conference last summer in Washington, DC, working with other youth from across the country to address youth violence, and being a member of the motivational youth singing group "Vitamin L". He was called 62 March 20, 2007 "a positive role model for other teens in this community". Mr. Reed thanked the Legislature for the award and stated he doesn't see himself as doing that much; he just likes to help people. Privilege of the Floor by the Public Radhika Prabhu, the Art of Living Foundation, an international non-profit organization that works in 140 countries. She invited everyone to attend an event on Cornell University on April 4th with the founder of the Art of Living, Sri Sri Ravi Shankar. The theme of the meeting is "Becoming Tomorrow's Leaders with a Global Vision. The entire Ithaca community is invited to interact with an amazing social leader, humanitarian, and spiritual leader who have reached 300 million people across the globe with remarkable programs. She said all Legislators would be receiving an invitation and packet of information on this event that is targeted towards launching an initiative for a violence -free and stress -free society. William Meyer, City of Ithaca, spoke of the September 11, 2001, attacks on the World Trade Center. He said he sent an internet link to Legislators following his comments at the last Legislature meeting and why he believes those attacks were staged by elements within the United States government. Mr. Meyer spoke of the collapsing of building 7, a 47 -story office building, and said the only way such a building has ever collapsed was the result of pre -planted, carefully placed charges. He said he would like to know who the owner of that building was, who were the tenants, and what was the official cause of collapse. Privilege of the Floor by Legislators Ms. Robertson, District No. 13 Legislator, announced the following activities: March 22 at 7 p.m. — "Clean Money, Clean Elections" by the Citizen Action Group of New York program; March 24 at 9:30 a.m.- Tompkins County Community Budget Forum at the Human Services Building; March 24 at 1 p.m. — Job Fair at the Greater Ithaca Activities Center; March 24 at 10 a.m. — Housing Opportunities Fair at the Ithaca High School cafeteria; and March 24 at 6 p.m. — Gala benefit for the Ithaca Free Health Clinic at the Olivia Restaurant Mr. Dennis, District No. 15 Legislator, congratulated the Ithaca High School Hockey Team for their recently earning a New York State title. Mr. Dennis said these athletes and their parents are to be commended as hockey is a very demanding sport. Mr. Proto, District No. 7 Legislator, reported NYSEG has begun to issue refund checks as requested by the State. He suggested everyone call NYSEG to find out what the refund represents on their bill and said they will likely be disappointed as it only applies to electric and not the gas portion of the bill. He said refunds are ranging from 1.12 to $30, and given the amount of money paid to this company, this amount is "embarrassingly poor". Mr. Hattery, District No. 14 Legislator, reminded the public that today is village election day. Presentation of Resolution(s) by the Health and Human Services Committee RESOLUTION NO. 39 — AUTHORIZATION TO SUPPORT ESTABLISHMENT OF TOBACCO -FREE ZONES AROUND ALL COUNTY FACILITIES MOVED by Mr. Shinagawa, seconded by Mr. Booth. Mr. Proto said this is a voluntary resolution of participation and goes beyond County facilities and incorporates a request of individuals and 63 March 20, 2007 owners of buildings in which County offices reside. He said this is one more step in the loss of some personal freedoms and he will not vote in support of the resolution. Ms. Herrera said when there was a move to make a local law banning smoking illegal in restaurants, she voted against that because she thought that was an action that should have taken place at the State level. She said this is different; it is a voluntary tool to help protect the health and safety of County employees, residents, and visitors by improving air quality at building entryways and outdoor areas frequented by the public. Ms. Herrera said she is someone who favors personal liberties but also favors workplace safety and she thinks this goes a long way to ensure the public's safety when they visit County -owned or occupied buildings. A voice vote resulted as follows: Ayes - 12, Noes — 1 (Legislator Proto), Excused — 2 (Legislators Kiefer and Randall). RESOLUTION ADOPTED. WHEREAS, the Tompkins County Health Department in July 2006 introduced the Tobacco- Free Zone program in part as a voluntary tool to protect the health and safety of County employees, residents, and visitors by improving air quality of building entryways and outdoor areas frequented by the public, and WHEREAS, Local Law No. 6 of 1990, implemented smoking restrictions reflecting the Board of Representative's concern for the health and safety of County employees and members of the general public that use County -owned or County -occupied buildings and vehicles, and WHEREAS, Local Law No. 3 of 2003, implemented smoking restrictions designed to protect the health and safety of County residents by improving indoor air quality in bars, restaurants, and places of employment, and WHEREAS, a Report of the Surgeon General released on June 27, 2006, cites "massive and conclusive scientific evidence" that "there is no risk-free level of exposure to secondhand smoke," and that "exposure of adults to secondhand smoke has immediate adverse effects on the cardiovascular system and causes coronary heart disease and lung cancer," and WHEREAS, a comprehensive survey of Tompkins County residents conducted in June 2006 shows that an overwhelming majority of Tompkins County adults (92.7%) consider exposure to secondhand smoke to be harmful, and WHEREAS, the same June 2006 survey shows that 85.6% of Tompkins County adults favor restricting to certain areas, or not allowing at all, smoking in the area around public -building entryways in Tompkins County, and WHEREAS, a Tobacco -Free Zone, which is intended to designate an outdoor area where the public will not be exposed to secondhand tobacco smoke, may be used to clearly demonstrate a preference for smoking restrictions to enhance public safety and comfort, and WHEREAS, comprehensive efforts to further reduce the social and economic burden of tobacco use in Tompkins County must include reducing the initiation of tobacco use among youth, and WHEREAS, while parents and schools can have a major role in youth smoking prevention, exposure to tobacco use outside of home and school has been shown to greatly influence youth tobacco use, and WHEREAS, reducing smoking in areas around public -building entryways, doors, and common areas will both reduce the exposure of all individuals to harmful secondhand tobacco smoke and reduce youth exposure to common and casual tobacco use, now therefore be it RESOLVED, on recommendation of the Tompkins County Board of Health, and the Health and Human Services and the Personnel Committees, That the Tompkins County Legislature supports the Health Department initiative for departments to designate voluntary Tobacco -Free Zones at buildings owned or occupied by the County for the purpose of conducting County business, or as a workplace for County employees, RESOLVED, further, That County Department Heads shall, upon due consideration of this resolution and the best interest of the County, its employees, and citizens, take action as seems appropriate in designating Tobacco -Free Zones at their worksites, 64 March 20, 2007 RESOLVED, further, That the Commissioner of Personnel or her designee shall respond to inquiries pertaining to the Tobacco -Free Zones at County workplaces and worksites. SEQR ACTION: TYPE II -20 Presentation of Resolution(s) from the Planning, Development, and Environmental Quality Committee RESOLUTION NO. 40 - RECOMMENDING APPROVAL OF THE ISSUANCE BY THE TOMPKINS COUNTY INDUSTRIAL DEVELOPMENT AGENCY OF UP TO $32,000,000 CIVIC FACILITY REVENUE BONDS (ITHACA COLLEGE PROJECT), SERIES 2007 MOVED by Ms. Robertson, seconded by Mrs. McBean-Clairborne. Ms. Herrera said she is a member of the IDA where part of their discussions related to economic development. She commended Ithaca College and the provision that the College is going to utilize local contractors that have a certified apprenticeship program and who will pay a prevailing wage. She said it is important in these difficult fiscal times to know that bonding is being done in this community is utilizing local labor in this way. She thanked the College for taking this step. Ms. Mackesey asked if the language pertaining to certified apprenticeship program and prevailing wages was included in the contract language. Mr. Joseph said the contract has not yet been written and signed; however, he has spoken with bond counsel and was given assurance the language would be included. Carl Sgrecci, Vice President of Ithaca College Finance and Administration, stated the College would certainly work within the terms of the contract. Ms. Mackesey said if this language is going to be included in the contract she would be delighted to support the resolution. Russ Genzel, Attorney for Harris Beach who is bond counsel for the Industrial Development Agency, said they first became aware of this request this afternoon. As stated by Mr. Joseph, final bond documents have not yet been completed. To the extent the Legislature is requiring prevailing wage rate provisions be worked into the documents, that will be done in conjunction with the local attorney. Mr. Booth said with regard to requirements as this dealing with prevailing wage and other requirements the IDA puts in, he hopes the IDA will explore having an annual certification process in addition to putting language in a contract. Secondly, this supports the County's biggest industry, which is education. Mr. Proto asked if any of the language that has been suggested this evening would make it impossible for a contractor to bid on a project because they can't meet any of the requirements. Mr. Joseph said contractors who cannot meet the specifications of a contract are not eligible for a contract. Mr. Joseph clarified the purpose of the resolution. He stated the IDA is issuing bonds in a way that leaves Ithaca College entirely responsible for paying off those bonds but allows them to get a better rate because they are doing it through the IDA, but the IDA does not take on the obligation for payment of the bonds. Mr. Genzell said the IDA is a conduit issuer and provides the mechanism by which Ithaca College can enjoy a tax-exempt rate for federal income-tax purposes. The reason this resolution is before the County Legislature in addition to the IDA Board is because approval of the elected officials in the jurisdiction is required by tax law. Neither the County, nor the IDA, is liable for this money. 65 March 20, 2007 Ms. Robertson stated the IDA receives a significant benefit by this action because of fees that are accrued as a result of this transaction and that helps to fund other economic -development efforts. In clarifying the word "requirement", she stated this is an application that every applicant fills out and is asked several pages of questions. If Ithaca College had not put anything in the application about prevailing wages, apprenticeship programs, or local labor it would not be a requirement that they go back and do those things in order for this to be approved. She said they answered those questions by stating they intended to do those things voluntarily. They recognized that by inclusion of those questions on the application, these are items the IDA values. Mr. Proto said he doesn't recall those items being raised at the Planning, Development, and Environmental Quality Committee meeting when this was discussed and questioned when the conversation took place with Ithaca College about amending the contract. Mr. Joseph said the discussion preceded the meeting of the Planning, Development and Environmental Quality Committee meeting. Mr. Proto requested the resolution be withdrawn because full disclosure was not made at that meeting. He said he would not have supported the resolution if the information had been available at the Planning, Development and Environmental Quality Committee meeting. As there were only three members in attendance at that meeting he said the resolution would not have passed and moved forward to the full Legislature. He requested the resolution be withdrawn and referred back to committee. Mr. Wood, County Attorney, said there are often times when committee members learn information following a committee meeting, and recommended the appropriate course of action at this time would be for Mr. Proto to make a motion to Refer to Committee if that is the action he desires. Ms. Robertson spoke of the full packet of materials made available at the Planning, Economic Development, and Environmental Quality Committee meeting. That packet included minutes of the public hearing of March 12 in which there are two comments about apprenticeship programs and other issues by Brian Noteboom of the Empire State Regional Council of Carpenters and Joiners, and Mike Talarski of the Electricians Union. Ms. Robertson said all Committee members received this information prior to the PDEQ meeting and noted that full applications are not routinely provided to the Committee. It was MOVED by Mr. Proto to refer this resolution back to the Planning, Development, and Environmental Quality Committee. MOTION FAILED DUE TO LACK OF A SECOND. Mr. Hattery spoke to the issue of criteria that are listed in the application and said although there may be items such as living wage or apprenticeship programs that are not required, the IDA at any time could chose to not vote in support of the project. Mr. Wood said the purpose of this resolution is to comply with Internal Revenue Code laws. The Legislature's role is not to agree or disagree with the project itself, but to confirm that the project is a legitimate tax-exempt IDA project and entitled to exemption financing. Mr. Booth said he thinks it is the responsibility of staff to identify and bring forward all key points of an issue to Legislators at committee meetings. Mr. Joseph agreed, and stated he thinks staff did that in this case because, as Mr. Wood stated, this was not seen as an opportunity for the Legislature to review the work of the IDA. Mr. Proto said given the statement by the County Attorney, trying to amend the arrangement (e.g., living wage and apprenticeship programs) by this Legislature is inappropriate as well and should have been addressed by the IDA. Mr. Joseph said those issues were addressed by the IDA. Ms. Herrera congratulated and commended Ithaca College for going after $32 million in bonding that will provide jobs for local people who will be involved in certified apprenticeship programs and who will be paid a living wage. She said this raises the quality -of -life in Tompkins County. 66 March 20, 2007 A roll call vote resulted as follows: Ayes - 12, Noes - 1 (Legislator Proto), Excused - 2 (Legislators Kiefer and Randall). 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 financing 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 2007, in an aggregate principal amount not to exceed $32,000,000 (the "Bonds"), and WHEREAS, Section 147(0 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") consists of: (A) (i) the acquisition or retention by the Issuer of title to or other interest in a portion of the College's approximately 750 -acre main campus located on Route 96B in Ithaca, New York (or applicable portion thereof) and the existing improvements located thereon (the "Campus"), (ii) the construction and equipping on the Campus of an approximately 58,200 square foot administrative office building to be used by the College to house administrative offices for the College's human resources, graduate studies, admissions, enrollment planning and senior administration departments (the "Gateway Building Facility"), (iii) the completion of the construction and equipping of the College's approximately 38,800 square foot School of Business building (the "School of Business Facility"), and (iv) the renovation, equipping, and repair of certain existing Campus facilities including, but not limited to, certain academic, teaching, and research facilities, certain dormitories and other housing facilities, certain auxiliary and utility plants (the "Existing Facilities", such Existing Facilities known as and consisting of: Alumni Hall, consisting of approximately 17,600 square feet of space, Bogart Hall, consisting of approximately 30,700 square feet of space, Boothroyd Hall, consisting of approximately 16,000 square feet of space, Central Services/Warehouse, consisting of approximately 22,000 square feet of space, Ceracche Center, consisting of approximately 24,100 square feet of space, Clarke Hall, consisting of approximately 23,100 square feet of space, Compost Facility, consisting of approximately 5,000 square feet of space, Dillingham Center, consisting of approximately 78,700 square feet of space, Eastman Hall, consisting of approximately 23,100 square feet of space, East Tower, consisting of approximately 77,900 square feet of space, Egbert Hall, consisting of approximately 37,400 square feet of space, Emerson Hall, consisting of approximately 63,300 square feet of space, Fitness Center, consisting of approximately 42,300 square feet of space, Friends Hall, consisting of approximately 19,500 square feet of space, Gannett Center, consisting of approximately 86,500 square feet of space, Garden Apartments, consisting of approximately 114,700 square feet of space, Hammond Health Center, consisting of approximately 17,200 square feet of space, Center for Health Sciences, consisting of approximately 92,000 square feet of space, Hill Center, consisting of approximately 92,200 square feet of space, Hilliard Hall, consisting of approximately 23,100 square feet of space, Holmes Hall, consisting of approximately 23,100 square feet of space, Hood Hall, consisting of approximately 23,100 square feet of space, Job Hall, consisting of approximately 27,200 square feet of space, Landon Hall, consisting of approximately 30,700 square feet of space, Lyon Hall, consisting of approximately 27,500 square feet of space, Muller Faculty Center, consisting of approximately 26,500 square feet of space, Center for Natural Sciences, consisting of approximately 125,000 square feet of space, Observatory, consisting of approximately 750 square feet of space, Outdoor Pool, consisting of approximately 700 square feet of space, Park Hall, consisting of approximately 81,800 square feet of space, Phillips Hall, consisting of approximately 53,600 square feet of space, Physical Plant office building, consisting of approximately 5,000 square feet of space, Center for Public Safety and General Services, consisting of approximately 23,000 square feet of space, Rowland Hall, consisting of approximately 27,500 square feet of space, Smiddy Hall, consisting of approximately 35,600 square feet of space, Talcott Hall, consisting of approximately 23,100 square feet of space, Terrace Dining Hall, consisting of approximately 44,800 67 March 20, 2007 square feet of space, Terrace Residence Halls, consisting of approximately 188,300 square feet of space, Textor Hall, consisting of approximately 11,900 square feet of space, Towers Concourse and Towers Dining Hall, containing in the aggregate of approximately 23,000 square feet of space, West Tower, consisting of approximately 77,900 square feet of space, Whalen Center for Music, consisting of approximately 141,800 square feet of space, and Williams Hall, consisting of approximately 71,100 square feet of space) (the Existing Facilities, the Gateway Building Facility and the School of Business Facility are herein collectively referred to as the "Improvements"); (B) the acquisition and installation in and around the Improvements of certain items of machinery, equipment, fixtures, and other tangible personal property (the "Equipment" and, together with the Campus and the Improvements, the "Facility"); (C) paying certain costs incidental to the issuance of the Bonds; and (D) the sale or lease of the facilities financed with the Bonds from the Issuer to the College, 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 I 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 WHEREAS, based on a review of the Project, the Town of Ithaca Planning Board, as "lead agency" (as such quoted term is defined under SEQR), on August 15, 2006, made a negative determination of environmental significance pursuant to 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, a Public Hearing in connection with the Project was held on March 12, 2007, at 10:00 a.m. at the Town of Ithaca Highway Department, 106 Seven Mile Drive, Ithaca, New York. Notice of such Public Hearing was published in the Ithaca Journal on February 10, 2007, 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, hereby gives its approval of the issuance of the Bonds in accordance with Section 147(f) of the Code. Section 2. This Resolution shall be deemed to be made for the benefit of the holders of the Bonds. Section 3. This Resolution shall take effect immediately. SEQR ACTION: TYPE II -20 Chair's Report and Appointment(s) Mr. Joseph reported the County bus -pass program has once again been renewed beginning in April. Mr. Booth requested a report on usage of this program. Mr. Joseph made the following appointment(s). 68 March 20, 2007 Workforce Investment Board Mary Opperman — Business representative; term expires June 30, 2009 Dr. Carl E. Haynes — Local Education representative; term expires June 30, 2009 Jean McPheeters — Economic Development representative; term expires June 30, 2008 S. Diane Bradac — WIA Title I representative; term expires June 30, 2008 Report from the County Administrator Mr. Whicher reported Starbucks, Collegetown Bagels, and Wegmans, would be providing refreshments at the community budget forum to be held on March 24th. He requested an executive session to discuss contract negotiations. Report from the County Attorney Mr. Wood had no report. Report from the Finance Director Mr. Squires had no report. Approval of Resolution(s) Under the Consent Agenda It was MOVED by Mr. Proto, seconded by Ms. Mackesey, and unanimously adopted by voice vote by members present, to approve the following resolution(s) under the Consent Agenda: RESOLUTION NO. 41 — IN SUPPORT OF INCREASED STATE TRANSIT OPERATING ASSISTANCE APPROPRIATION AND CREATION OF REVIEW PANEL MOVED by Mr. Proto, seconded by Ms. Mackesey, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the proposed funding increase in State Transit Operating Assistance (STOA) Appropriations for the Upstate Formula Group for 2006-2007 that includes TCAT (Tompkins Consolidated Area Transit), Inc., and Broome County Transit is $4.9 million, and WHEREAS, this increase will help maintain Tompkins County's outstanding public transportation system, which has experienced two consecutive record ridership years, and WHEREAS, the Department of Transportation and the Department of Budget have undertaken an initiative to convene a panel of transit experts to develop a fair and equitable allocation of STOA based on performance measures, and WHEREAS, these performance measures will encourage all public transportation systems to achieve greater operational efficiencies and to better serve the riding public, now therefore be it RESOLVED, on recommendation of the Budget and Capital Committee, That the Tompkins County Legislature hereby supports this inclusion of a $4.9 million increase in State Transit Operating Assistance Appropriations for the Upstate Formula Group as contained in Governor Spitzer's 2006-2007 Executive Budget, RESOLVED, further, That Tompkins County supports the creation of a review panel to make recommendations for future STOA payments that will be fair and equitable and based on performance measures, RESOLVED, further, That the Clerk of the Legislature be authorized to send certified copies of this resolution to Michael F. Nozzolio, Senator, 54th District; James L. Seward, Senator, 51st District; George H. Winner, Senator, 53rd District; Barbara Lifton, Assemblywoman, 125th District; Carolyn 69 March 20, 2007 Peterson, Mayor, City of Ithaca; David Skorton, President, Cornell University; Barbara Fiala, Broome County Executive; and George Bagnetto, Director of Operations, Broome County Transit. SEQR ACTION: TYPE II — 20 RESOLUTION NO. 42 - AUTHORIZATION TO ACCEPT PREVENTIVE DENTAL SERVICES GRANT AND ASSOCIATED BUDGET ADJUSTMENT — HEALTH DEPARTMENT AND DEPARTMENT OF SOCIAL SERVICES MOVED by Mr. Proto, seconded by Ms. Mackesey, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the Tompkins County Health Department has been awarded a $42,700 grant by New York State Department of Health to support a program to be managed by the Tompkins County Department of Social Services' to enhance access to dental care for pregnant women, young children, and children with special health-care needs as well as to individuals facing significant psychosocial and cultural barriers to dental health care in Tompkins County, and WHEREAS, this grant will expand the already successful dental case -manager services implemented under the Department of Health grant "Improving Health Care Access and Service Delivery for Children and Youth, Component B: Innovative Dental Service Delivery Models", now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, That the Health Department is authorized to accept and contract said funds to the Department of Social Services, RESOLVED, further, That the Director of Finance is authorized to make the following budget adjustment on his books: REVENUE A4010.43489 Other State Grants $42,700 APPROPRIATION A4010.54442 Professional Service Fees $42,700 SEQR ACTION: TYPE II -20 RESOLUTION NO. 43 - AUTHORIZING 1.0 FTE POSITION AT NO LOCAL COST TO IMPROVE PRE -NATAL AND TODDLER ACCESS TO DENTAL CARE — DEPARTMENT OF SOCIAL SERVICES MOVED by Mr. Proto, seconded by Ms. Mackesey, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the Tompkins County Department of Public Health has been awarded a Preventive Dental grant by the New York State Department of Health on the strength of an application describing a case -management program targeting infants and toddlers to be run by the Department of Social Services, and WHEREAS, the state -approved program calls for a dedicated Senior Social Welfare Examiner to staff the program and the Department has a vacant, unfunded position in that title on the books, and WHEREAS, the Department hopes to be given spending authority and to begin staffing the program as of May 1st, now therefore be it RESOLVED, on recommendation of the Health and Human Services and the Budget and Capital Committees, That effective May 1, 2007, the Department of Social Services' vacant, unfunded, full-time (35 -hour) Senior Social Welfare Examiner position #1061 be reactivated, RESOLVED, further, That the Director of Finance is authorized to make the following pro -rated 2007 budget adjustments to reflect both the additional spending authority and the offsetting revenue identified above for the final eight months of the year: Social Services Adjustments REVENUE: A6010.41894 Social Services Charges $38,349 APPROPRIATION: A6010.51000.558 Salary — Sr. Social Welfare Examiner $27,589 70 March 20, 2007 A6010.58800 Fringes $10,760 RESOLVED, further, That the position is contingent on receipt of grant funding. SEQR ACTION: TYPE II -20 RESOLUTION NO. 44 - AUTHORIZING ADDITION OF 3.0 FTE POSITIONS AT NO LOCAL COST TO IMPROVE BOTH HEALTH CARE ACCESS AND RESOURCE RECOVERY — DEPARTMENT OF SOCIAL SERVICES MOVED by Mr. Proto, seconded by Ms. Mackesey, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, New York State has announced changes in the Medicaid program that will significantly increase caseloads, add to the average workload per case, and establish a new emphasis on resource recovery, and WHEREAS, the Department of Social Services believes it can meet these challenges through the addition of three new staff to its Medicaid Division, and WHEREAS, the Department will receive a mix of Federal and State reimbursement that, combined, will cover 100 percent of the additional administrative costs associated with these new positions, now therefore be it RESOLVED, on recommendation of the Health and Human Services and the Budget and Capital Committees, That effective April 1, 2007, the Department of Social Services' vacant, unfunded, full-time (35 -hour) Social Welfare Examiner position #792 be reactivated; and that a new, full-time (35 -hour) position in the Social Welfare Examiner title be created in that Department, together with a new, full-time (35 -hour) Paralegal Aide position, RESOLVED, further, That the Director of Finance is authorized to make the following pro -rated 2007 budget adjustments to reflect both the additional spending authority and the offsetting revenue identified above: Social Services Adjustments REVENUE: A6010.44601 Federal — Medicaid $57,447 A6010.43602 State — Medicaid $57,446 APPROPRIATION: A6010.51000.565 Salary — Social Welfare Examiner $56,037 A6010.51000.619 Salary — Paralegal Aide $26,620 A6010.58800Fringes $32,236 RESOLVED, further, That the positions are contingent on receipt of Medicaid funding. SEQR ACTION: TYPE II -20 RESOLUTION NO. 45 - BUDGET ADJUSTMENT SUPPORTING INTENSIVE CASE MANAGEMENT TO NON-COMPLIANT FAMILIES AT NO LOCAL COST — DEPARTMENT OF SOCIAL SERVICES MOVED by Mr. Proto, seconded by Ms. Mackesey, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, New York State has recently awarded the Department of Social Services $27,685 to fully fund a short-term, experimental program targeting Temporary Assistance recipient families whose members have failed to comply with work requirements, and WHEREAS, the approved plan features intensive case -management services provided by a family services caseworker for a four-month period, now therefore be it RESOLVED, on recommendation of the Health and Human Services and the Budget and Capital Committees, That the Department of Social Services' vacant, unfunded, full-time (35 -hour) Caseworker position #792 be reactivated and filled from March 1st through June 3 0th; 71 March 20, 2007 RESOLVED, further, That the Director of Finance is authorized to make the following pro -rated 2007 budget adjustments to reflect both the additional spending authority and the offsetting revenue identified above: Social Services Adjustments REVENUE: A6010.44651 Federal — TANF $27,685 APPROPRIATION: A6010.51000.562 Salary — Caseworker $15,345 A6010.58800 Fringes $ 5,985 A6010.54414 Local Mileage $ 5,545 A6010.54306 Automotive Supplies $ 810 RESOLVED, further, That the position is contingent on receipt of State funding. SEQR ACTION: TYPE II -20 RESOLUTION NO. 46 — AUTHORIZATION TO REQUEST BIDS AND CHOOSE EMERGENCY HOME FURNISHINGS VENDOR DEPARTMENT OF SOCIAL SERVICES MOVED by Mr. Proto, seconded by Ms. Mackesey, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the Department of Social Services spends approximately $40,000 annually on emergency purchases of certain home furnishings for client families, and WHEREAS, the Department of Social Services and Purchasing Department have agreed it is not in the County's interest to renew the contract with the previous vendor, now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, That the Department of Social Services, with the assistance of the Purchasing Department, is authorized to solicit bids for provision and delivery of these goods, RESOLVED, further, That the Department of Finance is authorized to award the emergency home furnishings contract as per County fiscal policy. SEQR ACTION: TYPE II -20 RESOLUTION NO. 47 — AUTHORIZATION TO REQUEST BIDS AND CHOOSE SECURITY SYSTEM UPGRADE AND ANNUAL PREVENTIVE MAINTENANCE VENDOR — DEPARTMENT OF SOCIAL SERVICES MOVED by Mr. Proto, seconded by Ms. Mackesey, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the Human Services Building's Secure Access System software, control panel interfaces, and associated firmware need to be upgraded in order to assure uninterrupted, reliable service, to the building and its occupants, and WHEREAS, it will be prudent to have the provider of this upgrade also accept responsibility for providing preventive maintenance for the system, and WHEREAS, the Department of Social Services has funding for both the upgrade and the preventive -maintenance agreement in its 2007 budget, now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, That the Department of Social Services, with the assistance of the Purchasing Department, is authorized to solicit bids for the security -system upgrade and a preventive -maintenance agreement for the system, RESOLVED, further, That the Department of Finance is authorized to award the contract for these as per County fiscal policy. SEQR ACTION: TYPE II -20 72 March 20, 2007 RESOLUTION NO. 48 -FUNDING OF COMMUNITY CELEBRATIONS GRANT (VILLAGE OF GROTON — 2007 WINTERFEST) MOVED by Mr. Proto, seconded by Ms. Mackesey, and unanimously adopted by voice vote by members present under the Consent Agenda. 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 a grant application for recommendation to the Tompkins County Legislature through the Planning, Development and Environmental Quality Committee, and WHEREAS, within the Room Occupancy Tax budget, $25,000 was allocated for this program, now therefore be it RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee, That the following grant is approved: Village of Groton 2007 Winterfest $700 RESOLVED, further, That the County Administrator or designee shall be authorized to sign any documents related to the aforementioned projects. SEQR ACTION: TYPE II -20 RESOLUTION NO. 49 - FUNDING OF TOURISM MARKETING AND ADVERTISING GRANTS MOVED by Mr. Proto, seconded by Ms. Mackesey, 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, and WHEREAS, within the Room Occupancy Tax budget, $15,400 was allocated for this program, now therefore be it RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee, That the following grants are approved: Ithaca Downtown Partnership Cayuga Lake Wine Trail Light in Winter Cayuga Lake Triathlon Community Arts Partnership Targeted Marketing Campaign 2007 The Grapehound Wine Tour 2007 Light in Winter Festival 2008 Cayuga Lake Triathlon 2008 Greater Ithaca Art Trail New Marketing Plan 2007 Paleontological Research Institution Ithaca Theatre Collective Along the Shores of Time: Highlights from a National Monument Fifty Million Years in the Making The Ithaca Theatre Collective: Marketing Ithaca as a Theater Destination TOTAL 73 $2,000 $1,000 $2,000 $2,500 $2,600 $2,500 $2,800 $15,400 March 20, 2007 RESOLVED, further, That the County Administrator or designee shall be authorized to sign any documents related to the aforementioned projects. SEQR ACTION: TYPE II -20 RESOLUTION NO. 50 - FUNDING OF COMMUNITY CELEBRATIONS GRANTS MOVED by Mr. Proto, seconded by Ms. Mackesey, and unanimously adopted by voice vote by members present under the Consent Agenda. 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, and WHEREAS, within the Room Occupancy Tax budget, $25,000 was allocated for this program, now therefore be it RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee, That the following grants are approved: City of Ithaca Juneteenth 2007 $1,800 Town of Groton 2007 Annual Halloween Party 400 Town of Newfield Newfield Old Home Days 2007 1,800 Town of Newfield Finnish Heritage Concert 2007 1,200 City of Ithaca GIAC Community Festival 1,650 Town of Groton Happenin' in the Hamlet 2007 1,400 Village of Groton Groton Winter Festival 2008 900 City of Ithaca Latino Heritage Month Celebrations 2007 1,650 Town of Ithaca Tutelo Festival 2007 2,000 City of Ithaca Lakefest 2007 1,300 City of Ithaca Historical Display of African Americans in Ithaca 500 City of Ithaca Cinco de Mayo Festival 1,200 TOTAL $15,800 RESOLVED, further, That the County Administrator or designee shall be authorized to sign any documents related to the aforementioned projects. SEQR ACTION: TYPE II -20 RESOLUTION NO. 51 - FUNDING OF TOURISM PROJECT GRANTS MOVED by Mr. Proto, seconded by Ms. Mackesey, 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, and 74 March 20, 2007 WHEREAS, within the Room Occupancy Tax budget, $40,000 was allocated for this program, now therefore be it RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee, That the following grants are approved: The History Center in Tompkins County 2007 Summer in the Finger Lakes Exhibition $2,000 Ithaca Downtown Partnership 2007 Downtown Ithaca's Parade of Ice Celebration $4,000 Paleontological Research Institution and its Museum of the Earth 2007 Along the Shores of Time: Highlights from a National Monument Fifty Million Years in the Making $5,000 Cayuga Wine Trail, Inc. 2007 Grapehound Wine Tour $2,000 Ithaca Asian American Association 2007 Annual Finger Lakes International Dragon Boat Festival $12,000 Light in Winter Festival, Inc. Light in Winter 2008 $15,000 TOTAL $40,000 RESOLVED, further, That the County Administrator or designee shall be authorized to sign any documents related to the aforementioned projects. SEQR ACTION: TYPE II -20 Appointment(s) Approved Under the Consent Agenda It was MOVED by Mr. Proto, seconded by Ms. Mackesey, and unanimously adopted by voice vote by members present, to approve the following appointment(s) under the Consent Agenda: Mental Health Subcommittee Nancy Rosen — term expires December 31, 2008 Youth Services Board Bernice Yarosh — At -large representative; term expires December 31, 2008 Jane Powers — At -large representative; term expires December 31, 2008 Strategic Tourism Planning Board Kathryn Pearce —Arts representative; term expires December 31, 2009 Elizabeth C. Prentice — Culture representative; term expires December 31, 2008 Pam Grueldner — Restaurant representative; term expires December 31, 2007 Soil and Water Conservation District Greg Stevenson — County Legislator; term expires December 31, 2007 Report and Presentation of Resolution(s) from the Budget and Capital Policy Committee Mr. Koplinka-Loehr, Chair, reported the Committee met on March 12th and some of the items acted upon at that meeting are on the agenda this evening. He said the Committee began discussion of what would be an appropriate level of fund balance for Tompkins County. At this point there is a difference in opinion between the County Administrator and Finance Director about whether to begin to incrementally increase that fund -balance target and they will be bringing a recommendation before the April Legislature retreat. The Committee also continued discussing the Rollover policy including 75 March 20, 2007 proposals for that policy from the Finance Director and County Administrator. Discussion will continue at the next meeting on March 26th. He announced a department head and legislator forum will be held on April 19th to discuss budget process issues. RESOLUTION NO. 52 - AUTHORIZING THE EXTENSION OF AUDIT CONTRACT WITH CIASCHI, DIETERSHAGEN, LITTLE, & MICKELSON, LLP MOVED by Mr. Koplinka-Loehr, seconded by Mr. Booth. Mr. Proto disclosed he is a partner with Mr. Dietershagen on an enterprise that is independent of the action taken by this resolution. A voice vote resulted as follows: Ayes — 13, Noes — 0, Excused — 2 (Legislators Kiefer and Randall). RESOLUTION ADOPTED. WHEREAS, governmental accounting standards and financial reporting requirements are becoming more complex, and WHEREAS, Tompkins County will be required to implement the provisions of Government Accounting Standards Board (GASB) 45 that provides information on the cost of providing benefits to retired employees, and WHEREAS, the modification of financial reporting for compliance with GASB 45 will be required before December 31, 2007, and WHEREAS, the application of AICPA (American Institute of Certified Public Accountants) promulgation SAS (Statement of Accounting Standards) 112, will present significant challenges for the County, and WHEREAS, our current auditor, Ciaschi, Dietershagen, Little, & Mickelson, LLP, has a significant understanding of the County's financial reporting systems, which would enhance the County's effort to implement and transition to the new accounting standards and internal control procedures, now therefore be it RESOLVED, on recommendation of the Budget and Capital Committee, and the Audit Sub - Committee, That the Director of Finance is authorized to accept a proposal for contract extension of the audit engagement with Ciaschi, Dietershagen, Little, & Mikelson, LLP, for the years 2007- 2008, RESOLVED, further, That the County issue an Request for Proposals for auditing services upon the expiration of the aforementioned contract extension. SEQR ACTION: TYPE II -20 Report from the Public Safety Committee Mrs. McBean-Clairborne, Chair, reported the Committee met on March 16 and heard a report from the Director of Emergency Response on the status of Dispatch operations and also on the Communications Capital Project. Mr. Shurtleff informed the Committee that the project is moving forward and ideas around subscriber equipment are also moving along. A subcommittee of the Emergency Communications Review and Oversight Committee continues to look at this and a proposal on ownership and payment is expected at an upcoming meeting. The Committee also received a report on the Criminal Justice Advisory/Alternatives-to-Incarceration Board's Strategic Plan. They will continue to look at evaluation of programs and finding ways to evaluate the cost effectiveness of those programs. Report from the Workforce Diversity and Inclusion Committee Mrs. McBean-Clairborne, Chair, reported the Committee will meet on March 28th at 3:30 p.m. Report from the Health and Human Services Committee Mr. Shinagawa, Chair, reported the Committee met on March 7. Mr. Sigler, Vice Chair, led the first part of the meeting and said there was discussion of the contract with Birnie Bus Service. It was the 76 March 20, 2007 general consensus of the Committee to pursue a two-year extension of the present contract. He said there are issues relating to cost increases and reimbursement and noted the cost went from $53 per day to $71 per day per child. The Committee also discussed Tobacco -free zones. Mr. Shinagawa said the Department of Social Services reported that Tompkins County was discussed in an article of the American Dental Association about the work the County does in acting as a liaison for clients between dentists and government programs. The Committee also took action on the resolutions that were approved under the Consent Agenda. He said there are 10,000 individuals who are eligible for Medicaid services in Tompkins County and the grant resolution approved this evening will help get those people enrolled. The Committee also heard a report from Legislator Proto about the Recreation Partnership Agreement and this will be looked at once again this year. Mr. Shinagawa announced Lakeside Nursing Home received its notification of closure from New York State and the Committee is working hard to ensure there are enough nursing-home beds. He said Tompkins County has done a very good job in its efforts to assist people in remaining in their homes. Therefore, when Tompkins County has a need for skilled nursing-home beds, that need is very real. The Committee also discussed the ongoing issue of the shortage of home health aides and will continue to work on this in the coming months. After discussing the goals at length the Committee agreed upon a set of goals for 2007 and will be discussing specific subject matters and action items at the second meeting of the month. The next meeting will be March 21st Report from the Health Department Building Committee Mr. Proto, Chair, reported the Committee met on March 8 and went over the existing list of sites; April 1 is the deadline for submission of additional sites. Mr. Proto said the criteria were slightly changed to recognize the consistency with nodal development that the County's Comprehensive Plan speaks of. They also wanted to make sure they were sensitive to municipal concerns, including the property tax implications. He said there was an issue raised by Mr. LeMaro, Director of Facilities, with regard to any site providing flexibility to emergencies and a concern of not having all County services in a concentrated area. He said the County should also take into consideration the safety and security of all County employees. Mr. Proto said the agreement with LaBella Associates was extended and some of the requirements were amended. He announced that in order to accommodate this work and to comply with the Chair to have sites to the Legislature on time, the April 12th meeting has been moved to April 5th and the May 24th meeting has been moved to May 17th. He said there would be site visits to any new sites that meet the criteria. Report from the Facilities and Infrastructure Committee Ms. Herrera, Chair, reported the Committee met today and conducted a work session on Committee goals. She will see that anyone who is interested receives copies of minutes and handouts gets them. The next meeting will be March 27th at 3:30 p.m. At that meeting the Committee will discuss road and bridge swaps and have a report from the Solid Waste Division. Ms. Herrera spoke of Resolution No. 41 adopted earlier in the meeting and stated it asks for adjustment of the State Transit Operating Assistance formula to make it more balanced for communities like ours. She said she received information today from Joe Turcotte, TCAT General Manager, who stated under the current formula TCAT stands to receive an increase of $400,000. Under the provisions of the legislation addressed in Resolution No. 41, it could be even better. 77 March 20, 2007 Report from the Personnel Committee Mr. Dennis, Chair, reported the Committee met on March 14th and said the next meeting is in the process of being rescheduled. Report from the Government Operations Committee Mr. Stevenson, Chair, reported the Committee met on March 9th and discussed reorganization of the County Attorney' Office, heard a report from Cheryl Nelson about the work of the Sustainability Team, and worked to condense and finalize Committee goals. The next meeting will be April 13th Report from the Planning, Economic Development, and Environmental Quality Committee Ms. Robertson, Chair, reported the Committee met on March 12th. They also heard a report from the Sustainability Team. This is a cross -departmental group of employees who are working on ways to reduce energy use and the resulting emissions. Kate Hackett reported to the Committee on the County's history with the ICLEI Program (International Council on Local Environmental Initiatives) Program. The County has a goal to reduce its emissions by 20 percent by 2008, compared to 1998 levels. An inventory will be done over the summer to see where the County now stands. Commissioner Marx reported on a number of grant awards that have been received lately in excess of $900,000. These grants were received for projects such as flooding in Ludlowville, stream management in Six Mile Creek and Highway Department equipment. She commended the Soil and Water Conservation District for its work in bringing funds into Tompkins County. Ms. Robertson referred to the tourism grants that were approved under the Consent Agenda and recognized the work of the Strategic Tourism Planning Board in reviewing those tourism grant applications. The next meeting will be April 9th Approval of Minutes of March 6, 2007 It was MOVED by Mr. Booth, seconded by Mr. Stevenson, and unanimously adopted by voice vote by members present, to approve the minutes of March 6, 2007. MINUTES APPROVED. Recess Chair Joseph declared recess from 7:12 p.m. to 7:22 p.m. Executive Session It was MOVED by Mr. Dennis, seconded by Ms. Mackesey, and unanimously adopted by voice vote by members present, to enter into executive session at 7:22 p.m. to discuss collective bargaining and a real estate matter. The meeting returned to open session at 8:00 p.m. Adjournment On motion the meeting adjourned at 8:00 p.m. 78 April 4, 2007 Regular Meeting Call to Order The meeting was called to order at 5:30 p.m. Pledge of Allegiance to the Flag and Roll Call of Members Members and guests participated in the Pledge of Allegiance to the Flag. Present: 14 Legislators. (Legislator Booth arrived at 5:47 p.m.). Privilege of the Floor by the Public Bernie Hutchins, Hanshaw Road, submitted the following statement: "I am here to speak about the Hanshaw Road project. "On June 13, 2005, the Ithaca Town Board passed a resolution concerning County improvements to Hanshaw Rd., recommending that sidewalks "be included when wanted by the majority of adjoining residents". At a September 2005 Public Hearing the adjoining residents presented a petition that was 94% against sidewalks. When reminded of the June resolution, Supervisor Valentino said, "We can rescind that resolution — we do it all the time." "At the November 17, 2005, Town Board meeting, 14 of 14 residents spoke against the sidewalks. At the Town Board meeting on January 26, 2006, 8 of 11 residents (73%) spoke against the sidewalks. Nonetheless the Town Board, except for Peter Stein, who thought it more important for the board to keep its word and hold an official poll, voted to rescind the June resolution and approve the inclusion of sidewalks. "On March 27, 2007, (8 days ago) the County Highway Department presented its plan for Hanshaw Rd. at the DeWitt School. The plan included sidewalks on the north side. In a show of hands (instigated by a savvy resident), it was clear that the adjoining residents were still opposed to sidewalks by 80% (20 to 5). A follow-up vote of those not "impacted" was just about exactly the opposite. Those who did not have to sacrifice for the sidewalk didn't mind if we did. This is all on tape by the way. Ms. Kiefer was there. I think you folks are scheduled to see the tape before you approve the plan. "Aside from individual homeowners demanding their basic property rights, is there more to it than this? In fact, is the plan with the sidewalks a good idea? No it's not — the plan is way too wide. All that is needed is resurfacing and wider shoulders. Is it possible that the residents know more about it than the Highway Department? "At a September 12, 2006 meeting of your Facilities and Infrastructure Committee, your Highway Manager, Mr. Sczesny "..... indicated it is always assumed that when an improvement is completed to a road speeds have a tendency to increase between 5 and 8 miles per hour." Your design report indicates that at present there is already speeding exceeding 10 mph. With a smoother road, and super -wide vista provide by the shoulders and sidewalk, we can expect at least this. When asked by a resident on March 27 what "traffic calming" measures were to be included, Mr. Lampman was unable to provide any answer. There were none included in the plan, nor any that anyone could think of. You are building a more hazardous situation. "Further, if the link to Cayuga Heights is completed, the north side of Hanshaw Rd. sidewalk will direct and funnel pedestrian traffic to the Village at about the Mobile station, trying to get across to the 79 April 4, 2007 west side Pleasant Grove sidewalk, most of you know that intersection, and it is mentioned as dangerous in the draft report. There are no crosswalks or signals. It will be an accident that won't need to wait very long to happen. "Is there a solution that takes care of all these problems and more? Yes. Get rid of the sidewalks that the residents don't want. This will tighten up the vista and perhaps minimize the speeding increases. Wider pedestrian/bicycle shoulders, as you already use on nearby Warren Rd., will still be a vast improvement over the current situation. Without the north side sidewalks, the cross-fire in the Village will not be created. You will probably then have enough money for the rest of the project's road and drainage improvements. And, you won't have the problems with the right-of-way issues, which you are still ignoring, which I have mentioned here before." Richard Ehrhardt, Agricultural and Farmland Protection Board, spoke of the Board's work particularly with regard to examination of parcels to include in agricultural districts. He referred to the resolution on the agenda that includes the parcels within the Village of Dryden, owned by Ken Miller. Mr. Ehrhardt reported that subsequent to the Village of Dryden's opposition to the inclusion of the parcels, the Agricultural and Farmland Protection Board again reviewed their decision. He noted that Mr. Miller had voluntarily removed his parcels from the agricultural district three years ago due to extremely wet conditions as well as an indication from the Village of Dryden that the property could be used as a potential development area. Over the past three years, the Village has moved in a different direction, developing a comprehensive plan that now has open space zoning. Mr. Miller's twelve -acre property is surrounded by other agricultural district property, and is intended to have farming operations that would be permitted under the comprehensive plan. Mr. Ehrhardt stated the Agricultural and Farmland Protection Board takes offense at the characterization made by the Village of Dryden regarding appearances of farmland. In addition he said if there were to be a conflict in the future, removal of this property from the agricultural district could occur. The Agricultural and Farmland Protection Board, upon review would like to have the parcels added to the agricultural district and believe it would benefit the Village and follows the open space plans. Mr. Ken Miller, owner of the farmland within the Village of Dryden, requested his property be added to the agricultural district. He believes it to be compatible with the Village of Dryden's plans and would like to work cooperatively to come to an agreement. Mr. Miller spoke of his discussions with the Village to determine how to improve sight lanes for traffic and believes he is proving his willingness to be a good citizen and farmer. Privilege of the Floor by Legislators Ms. Mackesey, District No. 2 Legislator, called attention to the 150 -year-old "Lone Star" quilt on display that was crafted by Anna Marie Louise LePine Treman of Trumansburg. The quilt is part of The History Center's quilt loan program; she recommended individuals take time to visit the display. Ms. Robertson, District No. 13 Legislator, shared information on Mr. Ray McKane, who had been portrayed in The Ithaca Journal incorrectly. Mr. Booth arrived at this time. Ms. Robertson said she and Legislator Dennis attended Mr. McKane's memorial service and saw that firefighters were in attendance, as well as many other individuals from various walks of life. Mr. McKane, at the time of his death, was employed in a local pizza shop. Upon speaking to family members, Ms. Robertson was informed that Mr. McKane, a former volunteer firefighter, had resided in an apartment until September 2006, when a rent increase prevented him from remaining. Although Mr. McKane was invited to live with family, he chose to be independent and reside in a tent, and passed away 80 April 4, 2007 with his Bible near him. Ms. Robertson reported the journalist was at the services and she hopes a follow-up article will appear in the newspaper that more accurately reflects the person Mr. McKane was. Ms. Robertson reported the Syracuse Post Standard featured an article that was entitled, "Solar Power Shines in Ithaca", which was hailed to be the Solar Capital of Upstate New York. The article noted that there are 41 installations with solar power, producing 176 kw of power, not including outlying areas of the County. Ms. Robertson then announced there would be a National Climate Action event on April 14th entitled "Step It Up 2007 rally", with a variety of activities occurring between 11:00 a.m. — 12:3 0 p.m. The event is hosted by the Climate Change Action Group. Mr. Proto, District No. 7 Legislator, reported on a meeting held April 2nd at the Dryden Veteran's building, during which Mr. Carl Bullock, Service Officer for the Regional Veterans' Benefits, spoke of unclaimed veterans' benefits. He recommended that individuals who would be eligible to seek assistance should contact the VA to claim the thousands of dollars they may be entitled to. Mr. Proto then recommended reviewing consumer billings from New York State Electric and Gas Corporation to be certain the electric credit has been received. Mr. Shinagawa, District No. 4 Legislator, announced that the Lifelong senior citizen center will hold its annual meeting on May 17th and that he has fundraiser raffle tickets available for the agency. Also, the Human Rights Commission annual dinner will take place on April 21st at the Beverly J. Martin school. Mr. James. L. Stowe, President of the International Association of Human Rights Agencies and Executive Director of the City of Columbus, Community Relations Commission, will be the keynote speaker. In addition, nominations for a variety of Human Rights Commission awards will be accepted until April 9th Mr. Joseph, Chair, asked that the Agricultural District resolution be moved up on the agenda to accommodate members of the public in attendance. Presentation of Resolution from the Planning, Development, and Environmental Quality Committee RESOLUTION NO. 53 -ADDING PARCELS TO AGRICULTURAL DISTRICT NO. 1 (EAST SIDE OF CAYUGA LAKE) MOVED by Ms. Mackesey, seconded by Mr. Koplinka-Loehr. Mr. Proto spoke of Mr. Ehrhardt's comments regarding inclusion of Mr. Miller's land in the agricultural district, noting that the Village of Dryden did not have a representative present to address their concerns. He stated the County Comprehensive Plan speaks well of open space as well as preserving agricultural areas. Mr. Proto is disappointed that conversations between the landowner and the Village had not taken place prior to voicing concerns. He said the larger issue is that the owner desires to farm the property and the municipality is not interested in allowing it. Ms. Robertson said Mr. Miller currently has an agricultural assessment on the parcels and therefore being in the Agricultural District would result in no change in taxation. The primary difference in belonging to the agricultural district is that the State Agriculture and Markets would have authority over the way the land is used compared to the village. She believes it is proper in rural areas to have this authority, however she feels when the property is inside an incorporated village it is different. Ms. Robertson also said Mr. Miller would be required to make a commitment to keep the agricultural assessment for seven years; the agricultural district requirement is five years. She indicated that the Planning Advisory Board had made a decision to ask the Village for their input, which resulted in the Planning Advisory Board's request not to include the parcels. 81 April 4, 2007 It was MOVED by Ms. Robertson, seconded by Mr. Hattery, to remove the following parcels within the Village of Dryden: SWSS: 502401 parcels Nos. 8.-1-14.1 and 8.-1-14.2 from inclusion in Agricultural District No. 1 (East Side of Cayuga Lake). Ms. Herrera said that subsequent to information shared this evening she is reluctant to remove the parcels. She stated that the Village's desires are important, however, there is an existing agricultural parcel within the Village, and Mr. Miller has indicated a willingness to work with the municipal officials. She believes having conversations will assist to find a manner for farming and villages to co -exist. Ms. Herrera stated that the comments regarding junk equipment and unlicensed vehicles being present on farms is not an accurate portrayal, not all farms undertake this practice. Ms. Herrera will not support the motion to remove the properties from the resolution and believes such a recommendation should have come before the Planning, Development, and Environmental Quality Committee. Mr. Hattery stated that removal of the properties would not prevent inclusion at a later date. He indicated respect for Mr. Miller and noted the action to change the current status would impact the ability to put animals on the land as an agricultural practice. Mr. Hattery said the Village expressed concern regarding this due to a potential impact on residential property. He explained that as part of the Village's Comprehensive Plan process amended zoning regulations could include agricultural designations. Mr. Hattery feels it is good to respect local land use control, particularly when it involves a village. Mr. Stevenson is not certain the Village has been persuasive enough or identified adequate objections to remove the parcels from the resolution. He does not believe their argument compelling enough and will not support the motion to amend. At Mr. Proto's request, Monika Roth from Cornell Cooperative Extension clarified what the designation would mean. She said the Village's open space designation would not conflict with Mr. Miller's intended use of the farm, which does not have any animal agriculture pending. The primary difference is that if it were felt the local laws caused an undue burden to the owner of a property in the agricultural district, an opinion could be requested of the State Agriculture and Markets. Ms. Kiefer inquired when the 120 -day period to make a determination would be reached. Ms. Roth said it ended in March, and notification has been made to the State Agriculture and Markets. She further explained that other steps regarding agricultural assessment designations would be entailed, and that the village zoning regulations would need to be followed. Ms. Kiefer stated that she would prefer to have more time to review the matter; since that is not an option she will support the motion to remove the properties from the resolution. She does not believe it would create a disadvantage to Mr. Miller and would enable a thorough review, during this year, with the possibility of adding the properties early next year. Mr. Booth said the situation deals with two positives: (1) protecting agriculture, and (2) encouraging local land use decisions. Generally the County, local governments, and the local agricultural industry have cooperated well with regard to establishing agricultural districts. He stated the County has been supportive of agricultural districts and County comprehensive plans encourage core settlements. Because the Village has indicated they do not feel the two in -village parcels should be included, and because these parcels could be included at a later date, he will support the amendment to remove the parcels from the resolution. Mr. Joseph allowed Mr. Miller to readdress the topic. Mr. Miller said although he understands the matter may be considered again next year, he is concerned that amendments to Village Local Law could prohibit more and more of his farming operation without providing him any form of protection. It was noted that the property may be added at any time, however removal of properties from agricultural districts only occurs once every eight years, with the eight-year review. 82 April 4, 2007 Mr. Proto noted that there is also a five-year pay -back of agricultural tax credits in certain situations. A voice vote on the motion to remove the Village of Dryden parcels resulted as follows: Ayes — 9 (Legislators Booth, Dennis, Hattery, Joseph, Kiefer, Koplinka-Loehr, Robertson, Sigler, and Shinagawa); Noes — 6 (Legislators Herrera, Mackesey, McBean-Clairborne, Proto, Randall, and Stevenson). MOTION CARRIED. A voice vote on the resolution as amended resulted as follows: Ayes — 14, Noes — 1 (Legislator Stevenson). RESOLUTION ADOPTED. 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, three landowners have requested addition of parcels totaling 67.6 acres to Tompkins County Agricultural District 1 and no landowners have requested addition of parcels 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, these requests have been reviewed by the Planning Advisory Board, which recommended addition of parcels in the Town of Lansing and Town of Dryden and, based on objections expressed by the Village of Dryden, recommended not approving addition of parcels in the Village of Dryden, and WHEREAS, the County Legislature held the required public hearing on such proposals on March 20, 2007, 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 Agricultural District 1 of Tompkins County, as specified in the Explanatory Note below. SEQR ACTION: TYPE II -20 Explanatory Note: New total acreage of District 1: 102,358 acres (District 2 remains at 65,594 acres) Owners of these parcels have requested they be added to the Agricultural Districts: Town of Lansing (Agricultural District #1) SWSS: 503289 Parcel: 12.-1-15.34 6.57 acres 400 Old Orchard Road Town of Dryden (Agricultural District #1) SWSS: 502489 Parcel: 28.-1-19.2 26.74 acres SWSS: 502489 Parcel: 38.-1-25.51 17.72 acres SWSS: 502489 Parcel: 38.-1-25.52 16.57 acres Presentation — Action Plan for Sustainability for 2007 West Dryden Road (no street# assigned) Spring House Road (no street# assigned) Spring House Road (no street# assigned) Ms. Nelson, Public Works Administrator for the County, and Chair of the Sustainability Team, provided an update on the Team's activities and outlined the following charge: The Sustainability Team's charge is to develop an action plan to promote sustainable practices by Tompkins County government and that it shall report progress on the sustainability plan to the Legislature annually by Earth Day. 83 April 4, 2007 An action plan has been developed and defines sustainability as meeting the needs of the present generation without compromising the ability of future generations to meet their needs. The action plan identifies the following areas of need: ❑ Reduction of green house gases and environmental toxins through energy reduction and conservation in county facilities and fleets and utilization of alternative and renewable energy sources and applications ❑ Solid waste reduction through increased reuse and recycling ❑ Environmentally preferable purchasing programs ❑ Employee participation, education, and endorsement ❑ A comprehensive approach to efficient infrastructure design and service delivery processes ❑ Protection of natural resources and development of communities in accordance with the Principles and Policies of the Tompkins County Comprehensive Plan Presentation — State of the College — 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 Phase I of the physical expansion of the athletic complex has encountered a 3-4 week delay due to the installation of ceiling tiles. It is anticipated to be occupied by graduation. Following graduation Phase 2, interior renovations, will begin. It appears the bids are under budget. In addition, bids for the student center are hoped to be awarded at the April board meeting. Dr. Haynes highlighted various areas of interest at the college including: construction projects; self -study report as part of the re -accreditation process; determining how to achieve indicators; faculty hires for 2007; and global, diversity, and community initiatives. Dr. Haynes then briefly spoke of the success of the new TC3 Tioga Place location, the success of the TC3 Foundation campaign efforts, and the selection of the college to participate in the University of South Carolina special project regarding freshman student success. In response to a question from Ms. Robertson, Dr. Haynes indicated an initial review of the proposed State budget shows an increase of $150,000 in base funding. In addition, he noted the budget would provide $1 million to be shared among the five smallest community colleges (Tompkins Cortland Community College is not a recipient) that will assist in offsetting costs. Mr. Booth expressed interest in receiving information that would indicate a ten-year follow up on residents attending the school, and more specifically, whether they graduated, exited to employment, or entered a four-year College or University upon graduation from Tompkins Cortland Community College. Ms. Robertson inquired about the nursing program, specifically if there was any change in student placements in area facilities as part of their training. Dr. Haynes stated that although this has historically been a factor, the number of graduates the school has appears to be adequate for our locale. He reported that as a result of the capital campaign the skills center has computerized mannequins to assist students in their nursing training. Dr. Haynes announced that next fall with be the 40th anniversary of the college and he will be providing information regarding special events. Mr. Booth inquired whether it would be possible for nursing students from other areas of the state to receive training at the college to assist in filling the need for skilled nurses in their area; Dr. Haynes said this has been done in the past. 84 April 4, 2007 Chair's Report and Appointment(s) Mr. Joseph reported on receiving a notice from Onondaga County Executive Nick Pirro for a Sustainability Conference to be held May 9th. He said reviewing the website indicated it may be of interest to members of the Legislature and other staff and he will provide copies of the notice. Report from the County Administrator Ms. Younger, Deputy County Administrator, reported things are running smoothly during Mr. Whicher's absence. Mr. Proto inquired if there will be an overall assessment of the State budget by Administration and was told it will be reviewed and the information provided at the budget retreat. Report from the County Attorney Mr. Wood was not present. 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. Approval of Resolution(s) Under the Consent Agenda There were no resolutions approved under the consent agenda. Withdrawal of Resolution(s) from the Agenda Chair Joseph gave the appropriate committee chair permission to withdraw the following resolutions from the agenda entitled: • Amending County Road System to Add a Section of Krums Corners Road and Iradell Extension in the Town of Ulysses • Removal of Agard Road and Falls Road from the County Road System to Revert to Town of Ulysses • Amending County Road System to Add a Section of Game Farm Road and Burns Road in the Town of Ithaca • Removal of Bundy Road from the County Road System to Revert to Town of Ithaca Report from the Public Safety Committee Mrs. McBean-Clairborne, Chair, reported the Committee has not met. The next meeting is on April 20th Report from the Workforce Diversity and Inclusion Committee Mrs. McBean-Clairborne, Chair, reported the Committee has not met. The next meeting will be on April 25th 85 April 4, 2007 Report and Presentation of Resolutions from the Health and Human Services Committee Mr. Shinagawa, Chair, reported the Committee has met twice since the last meeting. He reported the Committee chose not to pursue the T-19 resolution as a result of information indicating the increased staff time that would be required to implement versus no proof of a benefit from implementing. Additionally, upcoming State mandates regarding tattoo and tanning parlors will require increased efforts from the Health Department. Mr. Shinagawa said at the meeting previous to the Legislature meeting, the Committee heard reports from various departments and approved two resolutions. The Human Services Coalition provided information on the agency review process and extended an invitation to members of the Legislature to attend site visits. The Office for the Aging received a $10,000 grant to purchase Personal Emergency Response Systems (PERS). The Committee was also informed that effective April 9th, The Ithaca Journal free obituary policy will be modified and will no longer include information regarding services for individuals. This is a great concern as it is thought the new policy would be difficult for many elderly and low-income residents. Youth Services reported on participation in a variety of programs. The municipal youth services program had almost 3,000 participants last year, and the jobs program offered summer employment to 376 youth. The Mental Health Commissioner, Robert DeLuca, provided an update on the Single -Room -Occupancy project, noting construction is anticipated to begin in September 2007. Unity House has been closed and residents housed elsewhere, it is unknown what future use the building may have. The State budget indicates no cuts in State aid for Mental Health. The Committee heard concerns regarding the Civil Commitment Law that could cost approximately $200,000 per individual, per year. Mr. Shinagawa reported there are to be 157 new positions at the State level to investigate Medicaid fraud; the target area will be documentation of clients. RESOLUTION NO. 54 — IN SUPPORT OF NEW YORK STATE FUNDING FOR 2-1-1 NEW YORK IN THE NEW YORK STATE BUDGET It was MOVED by Mr. Shinagawa, seconded by Mr. Dennis. Mr. Shinagawa noted that although the State budget has been completed it was important to stress the need to fund this program. At this time, Representatives Hinchey and Arcuri have not endorsed the funding. In addition, he noted that if the Federal government chose to appropriate funding there is not any information on how it would be distributed. A voice vote on the motion resulted as follows: Ayes — 15, Noes — 0. RESOLUTION ADOPTED. WHEREAS, for almost thirty years, the Information and Referral Service of Ithaca and Tompkins County has provided community information, as well as referral to community services to thousands of citizens and organizations, and WHEREAS, Information and Referral for Tompkins County (through its affiliations with the New York State Alliance of Information and Referral Systems and the United Way of New York State) is an integral part of the 2-1-1 Finger Lakes Regional designation for delivery of 2-1-1 information services to the region, and WHEREAS, the value of 2-1-1 Community Information Systems during disaster and in recovery periods in recent hurricanes and flooding has been proven, and WHEREAS, planning, development, and implementation of the 2-1-1 NY system has been underway in New York State and the Finger Lakes Region since 1994, and WHEREAS, the New York State government recognized the value of a state-wide 2-1-1 system by providing funds for operation and continued development in fiscal year 2006, and WHEREAS, state funds requested for 2-1-1 operations and development have thus far not been included in budget deliberations for fiscal year 2007, and 86 April 4, 2007 WHEREAS, lack of continued state support would substantially cripple further development of a state-wide 2-1-1 Information and Referral system, now therefore be it RESOLVED on recommendation of the Health and Human Services Committee, That the Tompkins County Legislature thanks and urges the New York State Legislature and Governor to appropriate sufficient funds, but not less than $10.66 million in fiscal Year 2007 in support of operations and development of a state-wide 2-1-1 Information and Referral System. SEQR ACTION: TYPE II -20 RESOLUTION NO. 55 — IN SUPPORT OF FEDERAL RECOGNITION AND FUNDING FOR 2- 1-1 IN THE 110TH CONGRESS It was MOVED by Mr. Shinagawa, seconded by Mr. Dennis, and unanimously adopted by voice vote. WHEREAS, for almost thirty years, the Information and Referral Service of Ithaca and Tompkins County has provided community information, as well as referral to community services to thousands of citizens and organizations, and WHEREAS, Information and Referral for Tompkins County (through its affiliations with 2-1- 1 New York and the national 2-1-1 Initiative, a collaboration of the Alliance of Information and Referral Systems and United Way of America) is an integral part of the 2-1-1 Finger Lakes Regional designation for delivery of 2-1-1 information services to the region, and WHEREAS, the value of 2-1-1 Community Information Systems during disaster and in recovery periods in recent hurricanes and flooding has been proven, and WHEREAS, 2-1-1 services are available to over sixty-five percent of the United States population; 212 active 2-1-1 systems cover all or part of 41 states (including 19 states with one -hundred percent coverage) plus Washington, D. C., and Puerto Rico, and WHEREAS, planning, development, and implementation of 2-1-1 has been underway in New York State and the Finger Lakes Region since 1994, and WHEREAS, the New York State government recognized the value of a state wide 2-1-1 system by providing funds for operation and continued development in Fiscal Year 2006, and WHEREAS, the "Calling for 2-1-1 Act" (HR211, S211) has been introduced in the 110th Congress, and WHEREAS, a robust and professional national system of 2-1-1 Call Centers is essential to the security and quality of life of the United States citizenry, now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, That the Tompkins County Legislature urges the 110th United States Congress to recognize the benefits of the national 2-1-1 initiative and to move forward on the "Calling for 2-1-1 Act" that authorizes $700 million from General Revenues over six years to ensure universal access to 2-1-1. SEQR ACTION: TYPE II -20 Report from the Facilities and Infrastructure Committee Ms. Herrera, Chair, reported the Committee met on March 27th and refined the committee goals. Ms. Nelson shared the Sustainability Report with members of the Committee; Ms. Herrera spoke of this initiative being a good effort and she is excited that it is being employee -driven. The Committee heard of the proposed road swaps with towns which is undertaken to better -align ownership with use. Information was distributed on how the Solid Waste annual fee was determined. The County has exceeded its recycling goal and hopes to continue to recycle more products. Report from the Personnel Committee 87 April 4, 2007 Mr. Dennis, Chair, reported the next meeting would be April 18th. Labor negotiations have been postponed temporarily until staff has returned from vacations. He also noted a public health nurse shortage in the area. Report from the Government Operations Committee Mr. Stevenson, Chair, reported the Committee has not met. The next meeting will be on April 13th Report from the Planning, Development, and Environmental Quality Committee Ms. Robertson, Chair, reported the Committee will meet on April 9th at 3:30, at that time information from John Bosak from Tompkins County Local, Ken Schlather from Cornell Cooperative Extension, Tim Fahey, Cornell Natural Resources Department, and the Car Share committee will be heard. Report and Presentation of Resolution from the Budget and Capital Committee Mr. Koplinka-Loehr, Chair, thanked the Public Information Advisory Board for their efforts regarding the recent public budget information sessions. He reported the Committee met on May 26th at which time they reviewed the rollover policy and completed a straw poll of three options, one of which included placing twenty percent of rollover funds into the General Fund. This will be discussed further at the second meeting in April. Mr. Koplinka-Loehr announced a meeting on April 19th from 2:30 — 4:30 between the Department Heads and Legislators regarding the budget; he requested notification of any conflicts with the date and time. RESOLUTION NO. 56 — APPROPRIATION FROM CONTINGENT FUND — CITY OF ITHACA — MUNICIPAL SALES TAX AGREEMENT MOVED by Mr. Koplinka-Loehr, seconded by Mr. Booth. A short roll call vote resulted as follows: Ayes — 15, Noes — 0. RESOLUTION ADOPTED. WHEREAS, Resolution No. 87 of 1993 gave authorization for the County to enter into an agreement with the City of Ithaca for the distribution of sales tax proceeds, and WHEREAS, the County pays for selected services provided by the City in an amount that increases or decreases yearly based on the percentage change in actual sales tax collected in the City of Ithaca, and WHEREAS, actual collections within the City of Ithaca increased by 5.06 percent in 2006, and WHEREAS, adjustments necessary to pay the various agencies requires an appropriation from the Contingent Fund, now therefore be it RESOLVED, on recommendation of the Budget and Capital Committee, That the Director of Finance be authorized and directed to make the following budget appropriation: BUDGET APPROPRIATION: FROM: Unallocated Revenues A9999.41110 TO: Budget 2006 Due Change OAR 6315.54400 $ 5,909 $ 6,307 $ 398 HSC Agencies A6305.54400 $255,104 $267,909 $12,805 Municipal Sales Tax 6901.54666 $329,186 $381,995 $52,809 Total Change $66,012 SEQR ACTION: TYPE II -20 88 April 4, 2007 Approval of the Minutes of March 20, 2007 It was MOVED by Mr. Booth, seconded by Ms. Robertson, and unanimously adopted by voice vote, to approve the minutes of March 20, 2007, as corrected. Adjournment On motion the meeting adjourned at 7:28 p.m. 89 April 17, 2007 Regular Meeting Call 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 (Ms. Kiefer arrived at 5:40 p.m.). Excused: 1 (Legislator McBean- Clairborne). Presentation of Proclamation Mr. Joseph presented a proclamation declaring April, 2007, to be Child Abuse Prevention Month in Tompkins County. Privilege of the Floor by the Public No member of the public wished to speak. Distinguished Youth Award Mr. Booth presented the Distinguished Youth Award for April, 2006, to Members of Ithaca's Girl Scout Troop 600. The scouts were honored for their presentation last month of the local premiere of the play "The Perfect 36", which depicts dramatic events leading to amendment of the U.S. Constitution to guarantee women the right to vote. Mr. Booth said troop members are also honored "for their dedication to serving the public over the years and as representatives of all Girl Scouts who have contributed to the nation's communities during the hundred years that Girl Scouts have been in existence." Privilege of the Floor by Legislators Mr. Proto, District No. 7 Legislator, announced John Andersson, Director of Environmental Health, will retire on April 27th after providing 30 years of service with Tompkins County. He will be working with Legislator Shinagawa, Chair of the Health and Human Services Committee, to formally recognize Mr. Andersson's service. Mr. Shinagawa, District No. 4 Legislator, announced several civil service examinations for various positions in Tompkins County that are scheduled for June. Detailed information on the examinations is available at the Tompkins County Personnel Office. Ms. Robertson, District No. 13 Legislator, announced and distributed information on a Center for Working Families' forum on green energy savings and jobs that will be held on April 28th Ms. Kiefer, District No. 10 Legislator, reminded Legislators that financial disclosure forms are required to be completed and filed by May 15th Mr. Dennis, District No. 15 Legislator, said the events yesterday on the Virginia Tech campus brings enormous sadness. He hopes there are plans in place in Tompkins County to respond to the types of action that took place. 90 April 17, 2007 Mr. Joseph announced that Tompkins County will lower all flags in memory of those who lost their lives in the tragedy at Virginia Tech University. Mr. Koplinka-Loehr, District No. 11 Legislator, asked all Legislators to review the NYSAC (New York State Association of Counties) analysis of the State budget in advance of the April 26 Legislature retreat. Report from a Municipal Official Maria Coles, City of Ithaca Common Council representative, provided the following update on City activities: The City began to discuss compliance with new State rules with regard to violence in the workplace. Ms. Coles said the recent events on the campus of Virginia Tech bring home the need to ensure proper measures are in place. The City Judge selection process is moving forward with interviews of all applicants to be complete tomorrow. On April 26 there will be a public meeting in Common Council chambers on this matter. Ms. Cole said it was the Mayor's responsibility to make certain this appointment is made in proper decorum and separated from politics. A draft vision statement for Collegetown is complete. This document was developed over the course of 11 months by 12 individuals who were appointed by the Mayor. The vision statement covers five categories to be incorporated: business, housing and residential neighborhoods, circulation and parking; cultural experience; and urban design. The goals of the vision statement are the creation of an urban environment that builds on its proximity to Cornell and strengthening the very old residential neighborhood that has existed there for a long time. It also outlines some of the strengths and problems of the area. The draft mission statement recommends that the design guidelines for Collegetown include some of these considerations: gateway treatment, building height, architectural design, orientation of buildings, pedestrian amenities, traffic calming, and protection of long-term residential areas. Ms. Coles reported on the vision statement for 42 acres in the City's Southwest area. She stated the City put together a selection committee that was followed by the issuance of a request for qualifications. To date, four applications have been received for development of the Southwest site. These applicants will be interviewed during April and May. Report from the Chair Mr. Joseph presented an award to each of the following Legislators for providing outstanding service to Tompkins County: Richard Booth — 5 years of service Kathy Luz Herrera — 5 years of service Martha Robertson — 5 years of service Michael Koplinka-Loehr — 10 years of service Report from the County Administrator Mr. Whicher thanked staff for all of the work that was done in his absence. He also thanked County staff who made it to work during yesterday's snowstorm. 91 April 17, 2007 Report from the County Attorney Mr. Wood had no report. He requested an executive session later in the meeting to discuss a real estate matter. Report from the Finance Director Mr. Squires reported sales tax income for the first quarter of 2007 was above 2006 by 4.1 percent, which is slightly above the budgeted amount for 2007. He also reported on tobacco settlement revenues, stating the County's actual distribution was $651,000; the budgeted amount for 2007 was $585,000. There are 14 properties that will be up for sale at the foreclosure auction that is to be held on June 12. Mr. Proto said the three-year assessment cycle will end this year and asked if anything will be done to alert the public. Mr. Whicher said the Assessment Department has already begun to plan for this. Addition of Resolution(s) to the Agenda There were no resolution(s) added to the agenda. (A resolution was added to the agenda later in the meeting.) 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 members present, to approve the following resolutions under the Consent Agenda: RESOLUTION NO. 57 -AUTHORIZATION TO EXECUTE A CONTRACT WITH LABELLA RESTORATION PROJECT (BIN 3209730) MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by members present under the Consent Agenda. WHEREAS, the northeast abutment and northeast approach embankment of the Banks Road Bridge (BIN 3209730) over Six -Mile Creek have failed as a result of heavy rains that occurred during the Federal Emergency Management Agency (FEMA) -declared disaster of the last week of June 2006 (Declaration Number FEMA-NY-DR1650), and WHEREAS, the FEMA has approved a project that will include evaluation and design of the reconstruction necessary to return the bridge and approaches to their pre -disaster condition for which Federal sources will furnish seventy-five percent of necessary funding, and WHEREAS, the Tompkins County Highway Division has requested proposals from four (4) consultants, received three proposals, and recommended LaBella Associates, P.C., as best qualified to provide design services, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the County Administrator or his designee be and hereby is authorized to execute a contract with LaBella Associates, P.C., of 300 State Street, Rochester, New York, for design services in connection with the Project for an amount not to exceed $66,440.57, the amount deemed eligible by FEMA, RESOLVED, further, That the sum of $66,440.57 is hereby made available within account HZ5103.59239.53.11, Road Maintenance Program Capital Project Account, to cover the cost of participation in the design phase of the Project. SEQR ACTION: TYPE II- 18 92 April 17, 2007 RESOLUTION NO. 58 - AUTHORIZATION TO ACCEPT A GRANT FROM THE NEW YORK STATE OFFICE OF REAL PROPERTY SERVICES - INFORMATION TECHNOLOGY SERVICES DEPARTMENT, GEOGRAPHIC INFORMATION SYSTEMS DIVISION MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by members present under the Consent Agenda. WHEREAS, the Tompkins County Information Technology Services Department, Geographic Information Systems (GIS) Division, has been notified of a grant award from the New York State Office of Real Property Services (ORPS) Real Property Tax Administration Technology Improvement Program (Grant Program) in the amount of $106,000, and WHEREAS, the New York State Office of Real Property Services grant provides project funding for the development of an Enterprise Address Management System (EAMS) to serve as the primary source and standardization of addressing details associated with parcel -level and Emergency Response data for use by government organizations and departments within Tompkins County, and WHEREAS, the project will transform the collection and distribution of addressing information between multiple agencies to an effective process that ensures accurate and complete Tompkins County addressing information, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure 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: .43089 Other State Aid $106,000 APPROPRIATION: .54442 Professional Services $ 76,000 .52206 Computer Equipment 10,000 .52230 Computer Software 20,000 SEQR ACTION: TYPE II -20 RESOLUTION NO. 59 -AUTHORIZING SUBMITTAL OF AN APPLICATION FOR NEW YORK STATE WILDLIFE GRANTS PROGRAM FUNDS (FEDERAL FISCAL YEAR 2005) TO CONDUCT A UNIQUE NATURAL AREAS HABITAT INVENTORY AND ASSESSMENT MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by members present under the Consent Agenda. WHEREAS, the New York State Department of Environmental Conservation has announced the availability of grant funds from the State Wildlife Grants Program for projects aimed at securing New York's wildlife populations and their key habitats, and WHEREAS, inventory and research projects that investigate the status, natural history, and distribution of Species of Greatest Conservation Need and their critical habitats as identified in the New York State Comprehensive Wildlife Conservation Strategy are eligible for funding, and WHEREAS, the Tompkins County Unique Natural Areas Inventory identifies sites with outstanding environmental qualities that are deserving of special attention for preservation and protection, and WHEREAS, the Unique Natural Areas Inventory was last updated in 2000 and is scheduled to be updated again by 2010, and 93 April 17, 2007 WHEREAS, the incorporation of data about Species of Greatest Conservation Need and their critical habitats will be an important addition to the Tompkins County Unique Natural Areas Inventory, and WHEREAS, the Environmental Management Council has assembled a team of biologists and other experts to conduct the field work necessary to identify the location of Species of Greatest Conservation Need and their critical habitats, and WHEREAS, the Department of Planning and the Environmental Management Council are prepared to implement the proposed Unique Natural Areas Habitat Inventory and Assessment, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That Tompkins County is hereby authorized to apply for funds from the State Wildlife Grants Program in an amount not to exceed $150,000, RESOLVED, further, That the County Administrator or his designee, upon approval of said request, be authorized to enter into and execute a State Assistance Contract with the New York State Department of Environmental Conservation for such financial assistance to Tompkins County for the Unique Natural Areas Habitat Inventory and Assessment, RESOLVED, further, That the County Administrator or his designee be authorized to sign all documents related to the submission, acceptance, and implementation of the State Wildlife Grants Program application and any subsequent materials required by the New York State Department of Environmental Conservation. SEQR ACTION: TYPE II -21 RESOLUTION NO. 60 - BUDGET ADJUSTMENTS — VARIOUS DEPARTMENTS MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by members present under the Consent Agenda. WHEREAS, pursuant to Administrative Manual Policy 05-02, budget adjustments exceeding $5,000 require Legislative approval, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the Director of Finance be directed to make the following budget adjustments on his books: Workforce Investment Board Revenue Acct Title Amt Approp Acct Title(s) 6290.44795 Federal Aid TANF $257,424 6290.54491 Subcontracts 6290.44795 Federal Aid TANF $ 600 6290.54342 Food 6290.44795 Federal Aid TANF $ 5,000 6290.54319 Program Expense 6290.44795 Federal Aid TANF $ 2,000 6290.54414 Local Mileage 6290.44795 Federal Aid TANF $ 2,000 6290.54412 Travel/Training 6290.44795 Federal Aid TANF $ 700 6290.54471 Electric 6290.44795 Federal Aid TANF $ 1,500 6290.54330 Printing 6290.44795 Federal Aid TANF $ 1,000 6290.54472 Telephone 6290.44795 Federal Aid TANF $ 750 6290.54303 Office Supplies 6290.44795 Federal Aid TANF $ 1,000 6290.54432 Rent 6290.44795 Federal Aid TANF $ 5,000 6290.54400 Program Expense 6290.44795 Federal Aid TANF $ 1,000 6290.52210 Equipment 6290.44795 Federal Aid TANF $ 2,000 6290.54442 Professional Services 6290.44795 Federal Aid TANF $ 1,000 6290.54452 Postage Explanation: Funds are set aside for program administration and the remainder is subcontracted out to serve youth in Tompkins County. Office of Employment & Training Revenue Acct Title Amt Approp Acct Title(s) 94 April 17, 2007 6292.42797 Other Local Gov't Cont. $ 11,058 6292.51000049 Project Assistants (2) 6292.42797 Other Local Gov't Cont. $ 1,106 6292.58800 Fringe 6292.42797 Other Local Gov't Cont. $ 500 6292.54330 Printing 6292.42797 Other Local Gov't Cont. $ 2,000 6292.54432 Rent 6292.42797 Other Local Gov't Cont. $ 1,500 6292.54414 Local Mileage 6292.42797 Other Local Gov't Cont. $ 400 6292.54618 Interdepartmental Charge 6292.42797 Other Local Gov't Cont. $ 532 6292.54472 Telephone 6292.42797 Other Local Gov't Cont. $ 700 6292.543 03 Office Supplies 6292.42797 Other Local Gov't Cont. $ 500 6292.54452 Postage 6292.42797 Other Local Gov't Cont. $ 300 6292.54342 Food Explanation: The Office of Employment and Training will be providing marketing, enrollment, and eligibility for the TANF Summer Youth Program, the positions will support this function. Fringe Benefits for project assistants. Increased rent costs relating to operating the youth program. Increased mileage costs associated with operating the youth program. Additional IT support will be needed to set up workstations and laptops. Increased telephone costs associated with operating the youth program. Additional supplies will be needed for marketing program. Postage costs will be increasing due to postage rates. Food costs increasing for recruitment. 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 by members present, to approve the following appointment(s) under the Consent Agenda: Office for the Aging Advisory Committee Sally I. Lee — term expires December 31, 2008 Community Mental Health Services Board Paula Winner — term expires December 31, 2010 Report from the Workforce Diversity and Inclusion Committee No report was given as Mrs. McBean-Clairborne was excused from this meeting. Report from the Health and Human Services Committee Mr. Shinagawa, Chair, reported the Committee will meet tomorrow. Report from the Health Department Building Committee Mr. Proto, Chair, reported the Committee met on April 5th and reviewed a number of sites that had been submitted for consideration. A number of those sites have been eliminated for various reasons. He said one of the sites that was new and had also been of particular interest required a site visit which was conducted on April 13th. The Committee will discuss observations made at that site at the next meeting on May 17th. At that meeting the Committee will be reviewing material on various sites and moving forward in making a decision on which sites to bring forward to the Legislature in June. Report and Presentation of Resolution(s) from Facilities and Infrastructure Committee Ms. Herrera, Chair, reported the Committee met on April 10 and heard from members of the public on issues relating to property and also Coddington Road. Facilities Division staff reported on the 95 April 17, 2007 heat pump replacement project and fire alarm system at the Public Safety Building. She said Mr. LeMaro reported there has been a 50 percent savings in energy costs following the replacement of the HVAC system in the Courthouse last year. The Committee discussed the solar panels on the Library's roof and agreed to send a letter to Mayor Peterson with the hope of working collaboratively with the City to find a solution to the vandalism problem with those panels. Ms. Herrera said the Committee heard about increased costs in highway materials over the last couple of years, therefore, the Committee will need to review the road maintenance program. There was a lengthy discussion about the Coddington Road project and the importance of making sure the public is well-informed about the plans for that project. The next meeting will be April 24th at 3:30 p.m. Mr. Proto asked Ms. Herrera to provide him with an update on the emergency generator that was purchased after the power outage that occurred at the Health Department. Ms. Herrera said she would look into this and provide him with a report. RESOLUTION NO. 61 - AUTHORIZING ACCEPTANCE OF A NEW YORK STATE DEPARTMENT OF TRANSPORTATION NYSDOT) "AIR 99" GRANT TO OVERLAY PART OF THE TERMINAL ROAD SYSTEM INCLUDING PARKING LOT CRACK SEALING AND POSSIBLE PARKING LOT EXPANSION - ITHACA TOMPKINS REGIONAL AIRPORT (PIN 3902.10) MOVED by Ms. Herrera, seconded by Mr. Proto. A voice vote resulted as follows: Ayes — 14, Noes — 0, Excused — 1 (Legislator McBean-Clairborne). RESOLUTION ADOPTED. WHEREAS, the County has received a grant offer from the New York State Department of Transportation (NYSDOT) under the "AIR 99" program, the amount of $300,000 to assist with the overlay of part of the terminal road system including parking lot crack sealing and possible parking lot expansion, and WHEREAS, the estimated maximum cost of this project is as follows: NYSDOT Share( 80.0%) $300,000 Local Share ( 20.0%) $ 75,000 Total $375,000 and WHEREAS, the local share will come from the airport's 2007 operational budget, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the grant offer from the NYSDOT of $300,000 be and hereby is accepted and that the County Administrator is authorized to execute the required documents. SEQR ACTION: TYPE II -1 Report from the Personnel Committee Mr. Dennis, Chair, reported the Committee will meet tomorrow at 1 p.m. At that meeting the Committee will discuss red -circled position salaries, goals, and Confidential salaries. Report from the Government Operations Committee Mr. Stevenson, Chair, reported the Committee met on April 13th and heard from Assessment Department staff about the New York State Flood Assessment Relief Act that is available to localities following the flooding events of last summer. After a review of the criteria, it was determined that Tompkins County did not meet the criteria to be eligible for relief. 96 April 17, 2007 The Committee also discussed assessment data on the internet and staff will bring a recommendation to the May meeting. Mr. Stevenson said the Committee discussed a proposed resolution regarding the adoption of a tax exemption for volunteer fire-fighters and emergency medical service workers. While looking into this, County staff discovered that there is a new income tax exemption available for individuals who serve in this capacity. It was also discovered that a real property -tax exemption may make them ineligible for the income-tax exemption. Because the latter would be a greater benefit for these individuals, the Committee chose not to pursue this further. Mr. Stevenson thanked Paula Younger, Deputy County Administrator, for her guidance in developing Committee goals, which he hopes to have finalized at the next meeting on May 11tH Report and Presentation of Resolution(s) from the Planning, Development, and Environmental Quality Committee Ms. Robertson, Chair, reported the Committee met on April 9th and again before this meeting. The Committee heard from TC Local about looking ahead to 2030 when energy resources are predicted to be very scarce. It was reported that Tompkins County will be in a relatively good position when peak oil occurs and when prices for transport go way up, but there is a real need to plan ahead for significant changes. The County's positive climate includes water resources, rail and water transportation, having a tolerant and educated workforce, and agricultural assets. The Committee also received reports on the Transportation Improvement Program, Water Resources Council, and Cooperative Extension. Ms. Robertson said while the Carshare group did receive a grant, they are having difficulty obtaining insurance because of the high number of drivers involved. Mr. Marx, Commissioner of Planning and Public Works, reported to the Committee on the Cornell University/Town of Ithaca transportation GIS project. He said Cornell had an open house today and one will be held tomorrow on their study of transportation and future growth at Cornell. Ms. Robertson reported the Workforce Investment Board will receive $281,000 for summer youth employment and asked that anyone who knows teens who are interested in employment to inquire about this program. The Committee authorized the rejoining of ICLEI (International Council for Local Environmental Initiatives) with a payment of $1,200 in dues. A resolution will be presented to the Legislature at the next meeting. RESOLUTION NO. 62 - APPROPRIATION OF 2007-2008 BUDGETS FOR THE ITHACA- TOMPKINS-COUNTY TRANSPORTATION COUNCIL MOVED by Ms. Robertson, seconded by Ms. Mackesey, and unanimously adopted by voice vote by members present. WHEREAS, Tompkins County serves as the Host Agency for the Ithaca -Tompkins County Transportation Council, the Metropolitan Planning Organization for the Ithaca -Tompkins County area, and WHEREAS, the County has a contract with the New York State Department of Transportation to provide funding for the Ithaca -Tompkins County Transportation Council through grants provided by the Federal Highway Administration and Federal Transit Administration, and WHEREAS, the Ithaca -Tompkins County Transportation Council has grant authorizations for its 2007-2008 fiscal year, beginning April 1, 2007, and ending March 31, 2008, in the amounts of $271,617 from the Federal Highway Administration and $78,783 from the Federal Transit Administration, and WHEREAS, the Policy Committee of the Ithaca -Tompkins County Transportation Council has adopted resolution 07-2, APPROVAL OF THE 2007-2008 ITHACA-TOMPKINS COUNTY 97 April 17, 2007 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 2007 Tompkins County budget and that the County Finance Director be authorized to expend such funds for the period from April 1, 2007, through March 31, 2008. SEQR ACTION: TYPE II -20 ATTACHMENT A 2007-2008 ITCTC OPERATING BUDGET 98 CODE DESCRIPTION 07/08 FHWA 07/08 FTA 07/08 TOTAL .4959 REVENUES: FEDERAL AID 271,617 78,783 350,400 EXPENSES: COMBINED SALARIES 164,260 22,399 186,659 .8800 FRINGE 63,924 8,717 72,641 .2206 COMPUTER EQUIPMENT 1,000 0 1,000 .2210 OTHER EQUIPMENT 500 0 500 .2214 FURNITURE & FIXTURES 500 0 500 .2230 COMPUTER SOFTWARE 800 200 1,000 .4303 OFFICE SUPPLIES 1,500 500 2,000 .4330 PRINTING 1,000 500 1,500 .4332 BOOKS/PUBLICATIONS 500 0 500 .4400 PROGRAM EXPENSE 15,000 0 15,000 .4486 SCI PROJECT 2,500 40,000 42,500 .4402 LEGAL ADVERTISING 1,500 0 1,500 .4412 TRAVEL/TRAINING 2,500 1,500 4,000 .4414 LOCAL MILEAGE 1,333 667 2,000 .4416 PROFESSIONAL DUES 300 300 600 .4424 EQUIPMENT RENTAL 3,500 0 3,500 .4425 SERVICE CONTRACTS 1,000 0 1,000 .4432 RENT 1,000 0 1,000 1 .44421PROFESSIONAL SERVICE FEES 1 1,5001 1,500 3,000 .4452 POSTAGE SERVICES 2,000 1,000 3,000 .4472 TELEPHONE 2,000 1,000 3,000 .4618 INTERDEPARTMENTAL CHARGE 500 500 1,000 .4905 CENTRALLY DISTRIBUTED ITEMS 3,000 0 3,000 TOTAL EXPENSES 271,617 78,783 350,400 98 April 17, 2007 RESOLUTION NO. 63 -AFFIRMING ITHACA-TOMPHINS COUNTY TRANSPORTATION COUNCIL (ITCTC) RECOMMENDATION TO INCREASE THE ITCTC STAFF DIRECTOR'S SALARY MOVED by Ms. Robertson, seconded by Ms. Kiefer. A short roll call vote resulted as follows: Ayes — 14, Noes — 0, Excused —1 (Legislator McBean-Clairborne). 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 March 13, 2007, the ITCTC passed Resolution 07-1 to adjust the salary of the Staff Director, retroactive to January 1, 2007, based on the Tompkins County proposed 2007 adjustments for management employees of 3 percent, and WHEREAS, in keeping with the County's requirement that salaries established above the salary range be authorized exclusively by resolution, and to establish or affirm recommendations made by ITCTC that are contrary to the terms and conditions of employment for management staff, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the Tompkins County Legislature affirm the 3 percent increase of the salary for the Ithaca -Tompkins County Transportation Council Planning Director to a total of $73,896, as approved by the Ithaca -Tompkins County Transportation Council. SEQR ACTION: TYPE II -20 Report from the Budget and Capital Committee Mr. Booth, Vice Chair, reported the Committee met on April 9th and heard a request from a member of the Library Board of Trustees that the Library be treated in a similar manner to County departments when preparing a budget, specifically having the Library's fiscal target automatically reflect the same percentage change in salaries as County departments. Mr. Booth said the Committee requested additional information be brought to the Committee. The Committee also reviewed the schedule of capital projects showing which projects the Committee has committed to and which are under consideration. Mr. Booth said there was a discussion about the upcoming Legislature retreat and a request was made that staff provide members with all assumptions that are contained in the information to be presented. Mr. Koplinka-Loehr, Chairman, reported the meeting scheduled for May will likely be changed and that this will be discussed at the next meeting. 99 April 17, 2007 Report from the Public Safety Committee Mr. Booth, Vice Chair, reported the Committee will meet on April 20th Approval of Minutes of April 4, 2007 It was MOVED by Mr. Proto, seconded by Mr. Stevenson, and unanimously adopted by voice vote by members present, to approve the minutes of April 4, 2007, as corrected. Recess Chair Joseph declared recess from 6:25 p.m. to 6:35 p.m. Executive Session It was MOVED by Mr. Koplinka-Loehr, seconded by Mr. Booth, and unanimously adopted by voice vote by members present, to enter into executive session at 6:35p.m. to discuss real estate and a personnel matter. The following action was taken in executive session: It was MOVED by Mr. Shinagawa and unanimously seconded and adopted by voice vote by members present, to add the following resolution to the agenda: RESOLUTION NO. 64 — RESOLUTION OF APPRECIATION — NINA MILLER, EXECUTIVE DIRECTOR OF HOSPICARE AND PALLIATIVE CARE SERVICES MOVED by Mr. Shinagawa, and unanimously seconded and adopted by voice vote by members present. WHEREAS, Nina Miller has always been about service, both in high-profile positions, and quietly, methodically, behind the scenes, all to the betterment of life in Tompkins County, New York, and WHEREAS, Nina was one of the pioneers behind the creation and sustainability of Suicide Prevention and Crisis Services and the concept of an Advocacy Center and served as executive director of Suicide Prevention and Crisis for 13 years, and WHEREAS, in that role, Nina was instrumental in developing after-hours mental health care and resources throughout the community, ensuring that it was consistent with the quality of coverage available during the day, and WHEREAS, during a crucial period in the history of Planned Parenthood of Tompkins County, Nina was recruited to serve as the agency's interim executive director, and WHEREAS, her steady hand and people skills served Planned Parenthood well, as it dealt with a reduction of high-profile services and other community-based issues and above all, she provided leadership and vision, and WHEREAS, after being involved with the agency since its inception, Nina became Executive Director of Hospicare and Palliative Care Services in October 1995. From then until now, she has been a leading spokesperson for all things hospice, while managing the agency's tremendous growth, its bureaucratic and financial challenges and an amazing array of issues associated with the quality of life...and death...in Tompkins County, and WHEREAS, due to her vision and leadership, Hospicare and Palliative Care Services has garnered immense community support, through quiet gifts and volunteering, to high-profile events such as Women Swimmin', and 100 April 17, 2007 WHEREAS, in retirement, Nina, a loving wife, mother, grandmother, and friend, will not be resting, her board work with the 7th Art Corporation of Ithaca, and other activities, will keep her involved with her community, as always, now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, That in recognition of her selfless work and value to our community, the Tompkins County Legislature hereby recognizes Nina K. Miller for a laudable portfolio of achievements, with best wishes for a healthy and happy retirement. SEQR ACTION: TYPE II -20 The meeting returned to open session at 6:49 p.m. Adjournment The meeting adjourned at 6:49 p.m. 101 May 1, 2007 Regular Meeting Call 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: 11 Legislators (Mr. Shinagawa arrived at 5:31 p.m.). Excused: 4 (Legislators Booth, Luz Herrera, McBean-Clairborne, and Randall). Presentation of Proclamation Mr. Joseph presented a proclamation declaring May, 2007, to be Drug Court Month in Tompkins County. Ms. Rogers, Drug Court Coordinator, accepted the proclamation and expressed appreciation from both the City and Felony Drug Courts and the Family Treatment Center for the Legislature's support of the programs. Addition of Resolution(s) to the Agenda It was Moved by Mr. Proto, seconded by Ms. Robertson, and unanimously adopted by voice vote by members present to add the resolution entitled: In Appreciation of John Andersson, Director of Environmental Health. RESOLUTION NO. 65 — IN APPRECIATION OF JOHN ANDERSSON, DIRECTOR OF ENVIRONMENTAL HEALTH It was MOVED by Mr. Proto, and unanimously seconded and adopted by voice vote by members. RESOLUTION ADOPTED. WHEREAS, John Andersson has served Tompkins County faithfully as a Senior Public Health Engineer for over thirty years, and WHEREAS, he is retiring as the Director of Environmental Health, and WHEREAS, during his tenure he has led such projects as the Shelter Valley Water System, the Board of Health Waiver process, various Sanitary Code revisions, numerous restaurant/food inspections, the Open Burning regulations, and the Clean Air/Smoking regulations, and WHEREAS, he participated in enhancing the public's knowledge of rabies, and environmental health issues, as well as keeping his division fiscally responsible, and WHEREAS, he led the effort to find the elusive ferret, now therefore be it RESOLVED, That because his service to Tompkins County is appreciated and recognized, the Legislature wishes to express its thanks and that of the entire Tompkins County Community for his efforts to keep us healthy, and well-regarded throughout New York State. SEQR ACTION: TYPE II -20 Mr. Proto read and presented a copy of former County Attorney Henry Theisen's poem entitled "The Ballad of the Ferret". Mr. Andersson said he has seen many Legislators and staff over the years and appreciates all the support and effort given to the Health Department. Privilege of the Floor by the Public 102 May 1, 2007 Fay Gougakis, City of Ithaca, expressed her continued concern regarding cellular telephone usage in the Tompkins County Public Library. She believes the written policy is not followed and is offended by the disrespect to other patrons as a result. She believes more active enforcement is necessary. Privilege of the Floor by Legislators Ms. Kiefer, District No. 10 Legislator, spoke of it being National Law Day, and noted Center for Constitutional Rights has sent a delegation to Washington to request legislation to restore habeas corpus petitions in Federal court. This right was taken away as a result of the Military Commissions Act of 2006; previously it had been part of our rights since the 13th century. Ms. Kiefer noted that some detainees at Guantanamo probably are there for reasonable cause, however, many seem simply due to a person being in the wrong place at a wrong time. She is grateful for the actions being taken today by Center for Constitutional Rights and finds them admirable. Mr. Dennis, District No. 15 Legislator, spoke of having been at a Kitchen Theatre function recently and receiving a plaque on behalf of the Strategic Tourism Planning Board and the Tompkins County Legislature. He noted the Kitchen Theatre is proof that government can assist a community. The Kitchen Theatre started in 2004 and today provides over 200 events per year. Mr. Proto, District No. 7 Legislator, reported that his current Frontier telephone bill indicated an increase in the Universal Service Fund fee to 11 percent. He expressed his concern of this ever-increasing fee that does not provide a reasonable payback to residents of the County and State. He recommends following the program and that every effort should be made to bring some of the funds back into the community. Mr. Proto then spoke of the April 18, 2007, Tompkins County Library Volunteer Appreciation event. He recommended that Legislators review the program that listed numerous individuals from every municipality providing over 100 hours of volunteer work to the library. Mr. Stevenson, District No. 8 Legislator, announced that this past week was Administrative Professional Day and noted that what keeps government running are the many individuals providing service. He acknowledged the efforts of all employees, including the Legislature's staff. Mr. Sigler, District No. 6 Legislator, congratulated the Tompkins County Soil and Water Conservation District for their Arbor Day events, including tree sales that give back to the environment. Ms. Robertson, District No. 13 Legislator, reported there would be a Wildflower Appreciation Day May 5th at Six Mile Creek. Mr. Dennis announced The Wonder of Water in Tompkins County would take place Saturday, May 5, 9:00 a.m. — 3:00 p.m., at the Ithaca Farmers Market. He will be performing magic tricks with water at the event. Mr. Sigler responded to Ms. Gougakis' comments made at this time, noting he has noted her concern and intends to speak about the topic at the next Library Board of Trustees meeting. Presentation — Criminal Justice Advisory/Alternatives to Incarceration (CJA/ATI) Board's Strategic Plan Ms. Cook, CJA/ATI Chair, provided a PowerPoint presentation providing background information on the development of the 2007 Strategic Action Plan. Ms. Cook provided an extensive overview of the County's ATI programs including their purpose and responsibilities. She also reviewed Tompkins County's criminal justice processes from arrest to incarceration or re-entry, what and who compromises its system and its players. The systematic review performed by the CJA/ATI Board included an examination of the criminal justice system flow from entry 103 May 1, 2007 to re-entry, current ATI programs, utilization, stakeholders, data gaps, successes, and areas in need of improvement. The Strategic Action Plan provides an in-depth summary of the process that was undertaken. Copies of the Plan were distributed to Legislators at this time. In response to Mr. Dennis, Ms. Cook said that are seven Alternatives to Incarceration Programs: (1) Probation; (2) Day Reporting; (3) Drug Courts; (4) Electronic Monitoring; (5) Service Work Alternative Program (SWAP); (6) Interim Probation Supervision (IPS); and (7) Release Under Supervision. She noted that virtually everyone in an Alternatives to Incarceration Program is on Probation. In response to another question, Ms. Cook said Defender Based Advocates are not necessarily an attorney, some individuals as well as attorneys can receive specific training to become a Defender Based Advocate. A brief discussion followed regarding the costs of ATI programs. When attempting to determine cost -savings, Ms. Cook noted it is difficult to fully determine due to various aspects surrounding individual situations. In addition, Mr. Joseph stated that once individuals are out of the programs it is not possible to track. Ms. Cook noted recidivism matters most; breaking the cycle of repeat offenders define success in the matter. In addition, no tracking of individuals in jail versus the alternatives to incarceration program is undertaken. Ms. Robertson called attention to the fact there are specific objectives within the plan that utilize current staff and therefore do not have additional costs attached to them. Mr. Joseph said the reentry program will have a cost associated. Mr. Hattery disagreed that the cost of staff should not be included when determining the program costs. Mr. Dennis suggested the Public Information Advisory Board undertake educating the public regarding the programs to improve perception of what they are designed for. Mr. Sigler inquired about the Intensive Supervision Probation program and was informed this is for higher risk offenders who are offered a "last -chance" prior to serving jail time. Ms. Cook responded to Ms. Kiefer's inquiry about the jail and prison worksheet and was informed it is not yet complete. This form should provide some additional information on program effectiveness. She also noted the average population of unsentenced individuals is 31. Report and Presentation of Resolution(s) from the Public Safety Committee Ms. Robertson, member, reported the Committee met on April 20th. Information was provided from Assigned Counsel regarding Judge Judith Kaye's interest in bringing assigned counsel and possibly probation forward as a State-run program. Judge Kaye's goal is that this will occur within twenty months. Ms. Hughes will have more information in May. The Committee reviewed the first draft of Committee goals and will continue to discuss them at future meetings. The Emergency Response Department reported the Communications Capital Project is moving forward on time and within the budget. Mr. Shurtleff reported on the subscriber equipment and how expenses will be shared between participants. The Committee is determining the type of equipment that should be provided and it is hoped to have a proposal coming forward for the May 15th special Committee meeting. Questions raised regarding equipment included contract replacement, ownership, maintenance, as well as how a specific private company would be dealt with. Mr. Proto expressed surprise at the State interest in taking over Assigned Counsel. Mr. Whicher said he believes it is to provide a state-wide standard for assigned counsel; at the present time not all assigned counsel offices operate as well as Tompkins County's. He believed it may involve a contract with the County to continue operations initially. 104 May 1, 2007 RESOLUTION NO. 66 - ACCEPTANCE OF ANNUAL ALTERNATIVES -TO - INCARCERATION CONSOLIDATED SERVICE PLAN MOVED by Ms. Robertson, seconded by Ms. Mackesey, and unanimously adopted by voice vote by members present. WHEREAS, the Criminal Justice Advisory/Alternatives-to-Incarceration Board at its April 19, 2007, meeting approved the 2007 Annual Alternatives -to -Incarceration Consolidated Service Plan, and WHEREAS, it is a requirement that the approval of the legislative/governing body 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 2007 Alternatives -to -Incarceration Consolidated Service Plan for Tompkins County, RESOLVED, further, That a copy of the Plan will be kept on file at the office of the County Administrator, the office of the Chair of CJATI, and the office of the Tompkins County Legislature. SEQR ACTION: TYPE II -20 RESOLUTION NO. 67 — APPROPRIATION FROM CONTINGENT FUND — TERMINAL PAY — DEPARTMENT OF PROBATION AND COMMUNITY JUSTICE MOVED by Ms. Robertson, seconded by Ms. Kiefer. A short roll call vote resulted as follows: Ayes — 11; Noes — 0; Excused — 4 (Legislators Booth, Luz Herrera, McBean-Clairborne, and Randall). RESOLUTION ADOPTED. WHEREAS, the Department of Probation and Community Justice had a Probation Officer retire effective March 3, 2007, and WHEREAS, the Fiscal Policy of Tompkins County allows for terminal -pay reimbursement from the Contingent Fund, now therefore be it RESOLVED, on recommendation of the Public Safety and Budget and Capital Committees, That the Director of Finance is hereby authorized and directed to make the following budget appropriation: FROM: A1990.54440 Contingent Fund $4,973 TO: A3142.51000585 Probation Officer $3,578 A3142.58800 Fringes $1,395 SEQR ACTION: TYPE II -20 Report from the Chair Mr. Joseph spoke of the Governor's new Commission on consolidation and efficiencies of local governments, noting he has received at least three official notices regarding the topic. One of the notices received indicated this commission will take some time to undertake the initiative, however, they are interested in pushing forward on individual initiatives and have asked local governments to identify consolidated shared services or smart growth projects. The identified items are to be forwarded to the County, which will compile them and sent to the Governor's office to assist in the work of the Commission. With that information in hand, the Tompkins County Council of Government identified two items: (1) cooperative health insurance project, and (2) district court system. He noted there is already a grant application submitted to the State to fund a study for the health insurance project and perhaps submission will provide an answer regarding grant approval. He indicated that statutory regulations defining who may belong to a pool could be an obstacle. With regard to the district court system, the idea is to replace town and village courts with a district court. Although the initiative was studied earlier, it 105 May 1, 2007 was concluded this may not save money it was thought other savings could occur such as saving payroll for less staffing and not having to pay for local judges. But the cost for a district judge was higher than for the local judges, therefore, there appeared to be no savings in total to the taxpayers, but only to the local government. However, recently it was learned that if set up as a district system, New York State pays for court staff. Mr. Joseph asked members of the Legislature to bring forward ideas for consolidation or efficiency they may have to forward on to the Commission. Report from the County Administrator Mr. Whicher said he did not have a report. However, he noted he is seeing a pattern indicating a change in communication at the State level at the present time. When asking for information he is receiving evasive responses that do not commit to a specific time period to receive information and/or updates. Several items he has requested have not been responded to; one for the past six months, the other is now 1 1/2 years. Mr. Proto inquired on the status of the Statewide Communication Network project; Mr. Whicher stated that is one of the items he referred to. A call was received when he was out of the office recently indicating he will receive a "call in the future". In addition, the State commented they are very interested still in the project. Report from the County Attorney Mr. Wood had no report. Report from the Finance Director Mr. Squires was not present. 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. Kiefer, seconded by Ms. Mackesey, and unanimously adopted by voice vote by members present, to approve the following resolution(s) under the Consent Agenda: RESOLUTION NO. 68 - AWARD OF BID — BRIDGE REPLACEMENT, CR164, RINGWOOD ROAD OVER CASCADILLA CREEK, BIN 3314160, TOWN OF DRYDEN MOVED by Ms. Kiefer, seconded by Ms. Mackesey, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, Resolution No. 22 of 2006 approved a project to replace the Ringwood Road Bridge over Cascadilla Creek, BIN 3314160, P.I.N. 3753.20, in the Town of Dryden, and authorized an agreement with the State of New York whereby State and Federal sources furnished ninety-five percent of the funding necessary for design and right-of-way acquisition for the project, and WHEREAS, the Department of Finance - Division of Purchasing has duly advertised for bids for the project, and WHEREAS, five (5) bids were received and publicly opened on April 10, 2007, and WHEREAS, the bids for replacement of the bridge exceeded the project budget, but 80 percent of the shortfall will be made available by the New York State Department of Transportation, now therefore be it, 106 May 1, 2007 RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the bid be awarded to G. DeVincentis & Son Construction Company of Binghamton, New York, the lowest responsible bidder, in the amount of $397,000.00, pending approval and confirmation of funding levels 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 Ringwood Road Capital Account (HZ 5103.59239.53.11) and Road Maintenance Program Capital Account (HZ 5105.59239.51.05). SEQR ACTION: TYPE II- 2 RESOLUTION NO. 69 - AWARD OF BID — WOOD WASTE — SOLID WASTE DIVISION MOVED by Ms. Kiefer, seconded by Ms. Mackesey, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, Tompkins County now manages woody/leafy yard waste by accepting it at the Recycling and Solid Waste Center, and contracting to have it chipped and incorporated into food waste, which together are composted and eventually sold as finished compost, and WHEREAS, the Tompkins County Finance — Division of Purchasing has duly advertised for bids for acceptance of all County managed wood waste, and WHEREAS, two (2) bids were received and publicly opened and read on April 9, 2007, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the bid be awarded to P & S Excavating of Trumansburg, New York, with a bid of $37.50 per ton of materials received, RESOLVED, further, That the Division of Solid Waste be authorized to implement this bid on behalf of the County, funds being available in Account No. 8163.4442 SEQR ACTION: TYPE II -20 RESOLUTION NO. 70 -CORRECTION OF ERROR AND REFUND OF TAXES — TOWN OF LANSING (45.1-1-52.5) MOVED by Ms. Kiefer, seconded by Ms. Mackesey, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, this Legislature is informed that an error has been made in the 2007 tax roll of the Town of Lansing, namely parcel 45.1-1-52.5, assessed to United States Postal Service, was erroneously charged for the Lansing Fire District tax (a United States government agency is not to be liable for any special district charges), now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the Town of Lansing Tax Collector is directed to correct the 2007 Town and County Tax Roll, RESOLVED, further, That the amount of $8,612.31 be charged back to the Town of Lansing. SEQR ACTION: TYPE II — 20 RESOLUTION NO. 71 - ADOPTION OF REVISED ADMINISTRATIVE POLICY 05-02 - FISCAL POLICY MOVED by Ms. Kiefer, seconded by Ms. Mackesey, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the Fiscal Policy has been revised to require departments to identify the source of Rollover funds, now therefore be it 107 May 1, 2007 RESOLVED, on recommendation of the Budget and Capital Committee, That the following paragraph in Administrative Policy 05-02 — Fiscal Policy, be revised as follows: Section 5.06 Re -appropriation (Carryover or Rollover) of Unspent Funds from Previous Years "County department heads are authorized to request re -appropriation of unspent funds from the previous year provided that they are certified by the Director of Finance to be available and provided that this re - appropriation is authorized by the established appropriation procedures of the Legislature. All departments shall clearly define the source of surplus funds". SEQR ACTION: TYPE II -20 RESOLUTION NO. 72 - ADOPTION OF CASH MANAGEMENT AND INVESTMENT POLICY MOVED by Ms. Kiefer, seconded by Ms. Mackesey, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, Article 2 -Section 10 of the General Municipal Law requires each local government to authorize depositories for public funds, and WHEREAS, Article 2 -Section 11 of the General Municipal Law requires each local government to authorize Permitted Investments for public funds not required for immediate expenditure, and WHEREAS, Article 3 -Section 39 of the General Municipal Law requires each local government to adopt a comprehensive investment policy that details the local government's operative policy and instructions to officers and staff regarding the investment of public funds, and that the Investment Policy shall be annually reviewed by the local government, and WHEREAS, the cash management policy of 2006 has been reviewed by the Finance Director and found to be appropriate to continue, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the Cash Management and Investment Policy dated January 2007, is hereby adopted. SEQR ACTION: TYPE II -20 Approval of Appointment(s) Under the Consent Agenda It was MOVED by Ms. Kiefer, seconded by Ms. Mackesey, and unanimously adopted by voice vote by members present, to approve the following appointment(s) under the Consent Agenda: Air Service Board Richard W. McDaniel — Cornell University representative; term expires December 31, 2009 Traffic Safety Committee William Sczesny — Highway Division representative; term expires December 31, 2009 Youth Services Board Mary Agnes Hamilton — Village of Cayuga Heights representative; term expires December 31, 2009 Report from the Health and Human Services Committee Mr. Shinagawa, Chair, reported the Committee met on April 18th at which time they were provided information from the Human Services Coalition on Home Health Aides in New York State. Information indicated the largest barriers to the field are low-wage, no benefits, and transportation costs. It was suggested individuals be advised to utilize Home Health Aide experience as a platform for future additional training in the home health care field. Mr. Shinagawa said the Committee heard from a variety 108 May 1, 2007 of departments and agencies on homelessness in Tompkins County, with statistical information provided. Catholic Charities spoke of the security deposit program running out of funding until next October's grant arrives. The Committee will be meeting with them to discuss this topic further. Mr. Jeremy Alderson of the Homeless Marathon spoke of the problems existing nationwide and offered recommendations such as designating an area for homeless individuals to exist without recourse. The Committee will meet tomorrow at 3:00 p.m. Mr. Proto inquired if any Home Health Aide agencies are certified as livable wage employers. Mr. Shinagawa indicated that much of that information is proprietary; the committee is requesting the information from those willing to offer it. Report from the Health Department Building Committee Mr. Proto, Chair, reported the Committee has not met; the next meeting is May 17. Report and Presentation of Resolution(s) from Facilities and Infrastructure Committee Ms. Kiefer, Vice Chair, reported the Committee met on April 24th and acted upon the two resolutions offered in the Consent Agenda. The next meeting will be on May 8th Report from the Personnel Committee Mr. Dennis, Chair, reported the Committee would meet on May 9th Report and Presentation of Resolution(s) from the Government Operations Committee Mr. Stevenson, Chair, reported the Committee would meet on May 11th in the Courthouse Conference room. RESOLUTION NO. 73 - APPROVAL OF 2007 SUCCESSION OF MEMBERS OF THE COUNTY LEGISLATURE TO SERVE IN THE ABSENCE OF THE CHAIR AND VICE CHAIR It was MOVED by Mr. Stevenson, seconded by Mr. Dennis. It was MOVED by Ms. Kiefer, seconded by Mr. Proto, to offer the following substitute resolution. [Mr. Joseph noted the list was in order of seniority on the Legislature.] WHEREAS, Section 2.00 of the County Charter specifies that the succession of members of the Legislature to serve in the absence of the Chair and Vice Chair be annually designated by resolution, and WHEREAS, for 2007, it is recommended that individuals be designated based on their experience in the Legislature and their likely availability to serve, now therefore be it RESOLVED, That the following order of succession for the year 2007 be approved to serve in the absence of the Chair and Vice Chair: Frank Proto Dooley Kiefer Mike Koplinka-Loehr Martha Robertson SEQR ACTION: TYPE II -20 A voice vote on the motion to substitute resulted as follows: Ayes — 2 (Legislators Kiefer and Proto); Noes — 9; Excused — 4 (Legislators Booth, Herrera, McBean-Clairborne, and Randall). 109 May 1, 2007 A voice vote on the original resolution resulted as follows: Ayes — 10; Noes — 1 (Legislator Kiefer); Excused — 4 (Legislators Booth, Herrera, McBean-Clairborne, and Randall). 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 for the year 2007 be approved to serve in the absence of the Chair and Vice Chair: Chair, Budget and Capital Committee Chair, Planning, Development and Environmental Quality Committee Chair, Health and Human Services Committee Chair, Government Operations Committee Chair, Facilities and Infrastructure Committee SEQR ACTION: TYPE II -20 Report from the Planning, Development, and Environmental Quality Committee Ms. Robertson, Chair, said the Committee will meet on May 14th in the Courthouse Conference Room. At that meeting members will hear reports on Tompkins County Area Development economic development programs, including the Empire Zone and Industrial Development Agency. In addition, the Planning Department will provide information on a variety of studies such as Route 13, Walkability Northeast, Northeast Waterfront Circulation, etc. Mr. Proto noted there would be a Water Resources Council meeting on May 9 at 6:30 p.m. in the Borg Warner Room of the Tompkins County Public Library regarding lakesource cooling and integration with Cornell University monitoring project. Other agencies assisting in the project are the Cayuga Lake monitoring group and Cayuga Lake Watershed Network. Report and Presentation of Resolution(s) from the Budget and Capital Committee Mr. Koplinka-Loehr, Chair, reported the Committee met on April 23rd and in addition to the resolutions coming forward there are two areas to note: the rollover reports of unused 2006 funds have been set back due to delays in finalizing summaries, and a review of the pros and cons to setting a target for the public library was discussed. He explained the library has a strong financial consideration but is an independent entity. The discussion regarding the library included how the County deals with TCAD, TC3, and others. There was no decision but it is hoped to determine what direction to take prior to setting targets for County departments. Mr. Sigler inquired if there will be the opportunity for a discussion on setting a target for the library and was informed by Mr. Koplinka-Loehr it would take place at the second meeting on Tuesday, May 29th Mr. Koplinka-Loehr reported that subsequent to the April 23rd meeting the Citizens Advisory Panel (CAP) held a revisit meeting to give information on the budget forums and will type up responses for review. Ms. Kiefer indicated she thought the CAP advisory board was disbanded. Mr. Koplinka- Loehr stated it had been agreed to meet annually to follow-up and speak of various tasks. Ms. Kiefer requested that if this is to occur that the Legislature be notified in advance of the meeting. RESOLUTION NO. 74 —ESTABLISHMENT OF 2008 COUNTY FINANCIAL GOALS (Resolution Lost) 110 May 1, 2007 It was MOVED by Mr. Koplinka-Loehr, seconded by Mr. Shinagawa. It was MOVED by Mr. Hattery, seconded by Mr. Proto, to amend the resolution to reflect a tax levy increase of 1.5 percent, and tax rate of 0 percent. A voice vote on the amendment resulted as follows: Ayes — 4 (Legislators Hattery, Proto, Sigler, and Stevenson); Noes — 7 (Legislators Dennis, Joseph, Kiefer, Koplinka-Loehr, Mackesey, Robertson, and Shinagawa); Excused — 4 (Legislators Booth, Herrera, McBean-Clairborne, and Randall). MOTION LOST. Mr. Dennis suggested that no goal be set, noting the County Administrator and Department Heads perform budget -setting duties well. Ms. Robertson agreed with Mr. Dennis, noting some departments set three-year goals. Although she feels goal -setting is a worthwhile effort, she does not feel it is productive as it creates a great deal of tension and has negative consequences among staff without an appreciable return. Ms. Robertson believes setting a target early in the year does not accomplish much. Mr. Proto said if there is no direction to the County Administrator the budget could be too high; he believes there should be direction provided. Mr. Koplinka-Loehr pointed out that the revised resolution does have a decrease from the original recommendations. Mr. Joseph stated the purpose of the resolution is to set a goal. Mr. Hattery believes the target is too high, that meeting this or a lower target will require program and personnel cuts. He said there is a need to think seriously about targets prior to setting a budget; he will support the resolution but believes the target is too high. Mr. Shinagawa agreed with Mr. Hattery's comments. He believes it is important to set a target to provide a fiscal discipline and general sense of what to do. He supports the current proposal as he believes it is realistic; last year's zero percent was not possible. He believes the suggested target is wise and prudent. Ms. Mackesey would like to see a stabilized tax levy increase. She believes if it were stabilized and kept within a reasonable increase such as the cost of living it would help; she does not agree with a target of zero. Ms. Mackesey believes the County Administrator's projections are the right way to go and will not support radical decreases as a budgeting tool. She believes that if it is the desire to reduce the size of County government program cuts could be done in any desired manner. Ms. Mackesey said it is counterproductive to do otherwise and only creates stress for department heads and staff. Mr. Sigler agrees with Ms. Mackesey's comments regarding the need for stabilization and stated that is why the recommendation is made. He believes it adds a layer of transparency to the budget process. He believes it is a good tool to understand how the County spends its funds and provides the Legislature with a baseline to make decisions on. Ms. Robertson feels it is patronizing to say we need to set a goal or staff will have no direction. She believes they are very capable in producing budgets that are reasonable and disciplined, as well as providing relevant information to make a decision, with or without our goal setting. She said it is very clear there is a desire to keep taxes to a minimum, however, she feels it is up to the Legislature to have discipline. Ms. Robertson believes that setting the target only creates tension and she would prefer to trust the staff to submit appropriate budgets. Mr. Dennis will not support the resolution; he believes the County Administrator and Department Heads have a sense of the County's needs and what it can support. He said a vote at budget time would indicate whether the proposals are acceptable. 111 May 1, 2007 Ms. Kiefer thanked Ms. Robertson for her statements. She said she was embarrassed and angry with last year's budget process. It resulted in the County Administrator presenting a budget he could not recommend. She feels the County Administrator should bring forward a proposed budget that will allow the County to function; the Legislature will then decide if it is appropriate. Ms. Kiefer said she would not support the resolution on the floor. Mr. Proto appreciated Ms. Robertson's comments and indicated for many years budgets were set without a target -setting resolution. He inquired about the last Resolved paragraph references to health insurance modifications and whether it is tied to contractual obligations. Mr. Whicher replied it is to allow him the ability to seek alternative insurance options to offer employees. He clarified that the amendments would be in the 2008 budget and any existing contractual agreements with unions would not be amended. Mr. Sigler asked what the target would be if the budget were to only include a maintenance of effort. Mr. Whicher indicated it would be a 6.76 percent increase in the tax levy. He said other structural things could be done with sales tax revenue, however in order to achieve a figure of 3.5 to 5 percent would require a reduction of programs. Mr. Dennis noted the insurance clause in the resolution was included in last year's resolution as well and reinforced that it would not have any impact on union employees contractual obligations. Mr. Joseph said the resolution is not dealing with setting the tax levy or cutting programs but for the Legislature to make a decision whether they desire to instruct the County Administrator to bring the budget within a certain amount or tax rate. He acknowledged previous budgets did this without a resolution. The difference is that when a goal was not set budgets required cuts to come to an acceptable rate; when set the budget allowed items to be added in. Mr. Joseph said the decision is made in November, this is just how to make the next step. A roll call vote on the motion resulted as follows: Ayes — 6 (Legislators Hattery, Koplinka- Loehr, Mackesey, Proto, Shinagawa, and Sigler); Noes — 5 (Legislators Dennis, Kiefer, Joseph, Robertson, and Stevenson); Excused — 4 (Legislators Booth, Herrera, McBean-Clairborne, and Randall) RESOLUTION FAILED. WHEREAS, Tompkins County, as part of its budget policy and process, wishes, 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 a maximum tax levy increase of 3.6 percent (3.6%) for 2008 resulting in a 2.1 percent tax rate increase for 2008 also resulting in a projected decrease of $1,100,000 in locally controlled spending over 2008 projections, and use 2008 to begin a process to stabilize the rate of tax levy increase, 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. SEQR ACTION: TYPE II -20 Report from the Workforce Diversity and Inclusion Committee No report was given as Mrs. McBean-Clairborne was excused from this meeting. Approval of Minutes of April 17, 2007 It was MOVED by Mr. Koplinka-Loehr, seconded by Ms. Kiefer, and unanimously adopted by voice vote by members present, to approve the minutes of April 17, 2007, as presented. 112 Adjournment The meeting adjourned at 7:49 p.m. May 1, 2007 113 May 15, 2007 Regular Meeting Call to Order Mr. Joseph called the meeting to order at 5:30 p.m. Pledge of Allegiance to the Flag and Roll Call of Members Members and guests participated in the Pledge of Allegiance to the Flag. Present: 13 Legislators. Excused: 2 (Legislators Koplinka-Loehr and McBean-Clairborne). Presentation of Proclamation(s) Chair Joseph presented proclamations declaring the following: Mental Health Awareness Month — May, 2007 Community Action Month — May, 2007 — Virginia Bryant of Tompkins Community Action accepted; Tompkins County Public Works Week — May 20-26, 2007 — Public Works Division Heads accepted Privilege of the Floor by the Public Jeff Furman, Westfield Lane, spoke in favor of the resolution on the agenda entitled Contingent Fund Request for One -Time Funding for Catholic Charities' Security Deposit Assistance Program to Prevent Homelessness. He said this is an opportunity to provide direct services to approximately 50 families and will help the County address its affordable housing needs. This is one-time assistance to the working -poor and will help provide a safe and secure home to children as well as school continuity. Mr. Furman said since there already is an organizational structure in place the program is highly effective and all funds can be allocated for direct services. Fay Gougakis, City of Ithaca resident, stated she spoke at the last meeting of this Legislature concerning an issue relating to the Library. She said a few days later, while at the Library, she approached two patrons and asked them to be quiet. Staff at the Library informed her it was their job to speak to patrons about this and asked her not to do this in the future. She described her response to Library staff as being deemed inappropriate and said she was told to leave the Library. She said she refused on the grounds she did not feel she did anything wrong and the police were called. She explained the details of her confrontation with police officers that escalated into an event that has caused her a great amount of stress. She said she thinks it is unfair that she has been treated this way by Library staff. Shane Seger, Common Council Member, spoke in support of the resolution entitled Contingent Fund Request for One -Time Funding for Catholic Charities' Security Deposit Assistance Program to Prevent Homelessness. Mr. Seger said he is the City's liaison to the Rental Housing Advisory Commission. Mr. Seger said the Rental Housing Advisory Commission has held a number of forums and the main issue that comes up is affordable housing and this manifests itself in three ways as it pertains to rental housing: 1) high cost of rents in this community; 2) energy -efficiency of units; and 3) security deposits. Mr. Seger said the Catholic Charities' security deposit program has a funding history through the City's Community Development Block Grant funding stream. For a number of years the Program has been funded at $25,000. Based on the usage, success of the program, and a feeling that this is a concrete way that obstacles to affordable rental housing can be addressed, the City has made an increased commitment to the program by increasing the funding to $40,000. He said if that funding were to continue, which he expects, the request before the Legislature this evening would truly be a one-time request. 114 May 15, 2007 Kathy Schlather, Executive Director of the Human Services Coalition, spoke in support of the resolution entitled Contingent Fund Request for One -Time Funding for Catholic Charities' Security Deposit Assistance Program to Prevent Homelessness. Ms. Schlather said Catholic Charities is an agency that is reviewed by the Human Services Coalition Review Committee to receive funding from the County and the City. The Coalition thinks highly of this agency and likes the fact that funds go directly to low- income people who frequently do not qualify for any other programs. She said she looked into the possibility of using these monies as a revolving loan fund and said HUD requires the funds to be the property of the tenant and there are no administrative funds that can be taken from this. She urged Legislators to support the resolution this evening. Chris Sanchirico, City of Ithaca resident and Executive Director of Catholic Charities of Tompkins and Tioga counties, spoke in support of the resolution entitled Contingent Fund Request for One -Time Funding for Catholic Charities' Security Deposit Assistance Program to Prevent Homelessness. She presented preliminary statistics on the people who use the funds and said there were 39 people who received funds between October, 2006, and April, 2007, more than half of the recipients were single -parent families. She said these funds help many minimum -wager earner who are unable to come up with a security deposit, in addition to first and last -month rent. She said landlords sign agreements to abide by HUD guidelines and 70 percent of the households had income levels equivalent to less than 30 percent of the HUD County median income. Presentation of Distinguished Youth Award Mr. Shinagawa, District No. 4 Legislator, presented the May, 2007, Distinguished Youth Award to twin sisters Roberte and Mical Exantus. Roberte and Mical are Ithaca High School seniors and co - presidents of the IHS African -Latino Club. They were nominated by club co -advisor Lynne Saulsbury, who praised them for their record of involvement since arriving at Ithaca High from their home country of Haiti and especially for the annual "backpack projects" they have undertaken to help those in their home country. Ms. Saulsbury called the recipients "prime examples of kind, caring, resourceful young people who do make a difference." Privilege of the Floor by Legislators Mr. Randall, District No. 9 Legislator, announced the annual TST B.O.C.E.S. car show fundraising event will take place on Sunday, May 14th, and encouraged everyone to attend. Ms. Robertson, District No. 13 Legislator, reported the United States Department of Housing and Urban Development (HUD) is sponsoring a free webcast on Thursday, May 17, on energy -efficiency improvements for high-rise and multi -family housing units. The webcast will present information on how buildings are analyzed for the overall performance and will provide examples of successful retrofits and how they can be financed. Energy -efficiency improvements result in increased comfort, safety, and savings, as well as reducing emissions that contribute to global climate change. Ms. Robertson also reported she and Chair Joseph attended an Accelerate 2007 program in Syracuse. The program included a range of workshops and speakers with a lot of focus on policies related to sustainability, energy efficiency, and research and innovation. There was also a presentation on wind energy as implemented by one town in Wyoming County. She also spoke of a program she learned of that recycles batteries. Ms. Mackesey, District No. 1 Legislator, spoke regarding garbage trucks that are coming through Tompkins County on their way north to Seneca Meadows. She said Seneca Meadows is trying to expand and will be holding a public hearing on May 21st in Seneca Falls at Vincent Park. She said anyone who has been affected by the substantial increase in the number of garbage trucks should attend and provide input on this issue. 115 May 15, 2007 Mr. Proto, District No. 7 Legislator, spoke of a news item that appeared in the Ithaca Journal in regard to the State sponsoring an act to encourage the use of the new energy-efficient light bulbs. He said he has written a letter to Steven Nicholson, Environmental Management Council, and Barbara Eckstrom, Solid Waste Manager, about Tompkins County's method of disposing of these bulbs because they are considered a hazardous waste item. Mr. Proto said he does not believe the public will hold onto these and will likely place them into the waste stream. Mr. Proto said Memorial Day is quickly approaching and encouraged everyone to participate in recognizing individuals who have served this country's military. Ms. Herrera, District No. 5 Legislator, congratulated Tompkins County for participating in the Careers Day event that took place on May 1. She said there is a shortage of construction workers that is predicted to increase as the babyboomers retire. One of the things that the Skilled Trades Diversity Council has been trying to do is recruit people for construction jobs and how to tap into under -represented groups. She thanked the Public Works Department and its employees for taking part in this event and for the contribution they have made to the future of Tompkins County. RESOLUTION NO. 75 — CONTINGENT FUND REQUEST FOR ONE-TIME FUNDING FOR CATHOLIC CHARITIES' SECURITY DEPOSIT ASSISTANCE PROGRAM TO PREVENT HOMELESSNESS MOVED by Mr. Shinagawa, seconded by Mr. Dennis. Ms. Herrera said this request was discussed at the May 1st Health and Human Services Committee meeting without a written resolution to consider. A vote was taken and the proposal failed. A meeting was later held with Mr. Whicher and other parties and this resolution is the result of that meeting and is supported by Mr. Whicher. Ms. Herrera said this was brought to the Budget and Capital Committee meeting with no paper copy prior to the meeting. She said there are improvements that are made during the committee process and is concerned that as we enter the budget process. This resolution has not gone through proper procedures. It is with great regret that she cannot support this resolutions but adamantly feels it needs to go through the proper procedure when using taxpayer dollars. Mr. Shinagawa disagreed with Ms. Herrera and said this topic was brought to the Health and Human Services Committee as a discussion and evolved into a resolution during that meeting. It was felt there was a need to have a meeting with County Administration, Social Services, the Human Services Coalition, and Catholic Charities to answer questions that had arisen. Mr. Shinagawa said after that meeting the County Administrator thought this was a good course of action. He explained it missed the deadline for the Budget and Capital Committee agenda but was distributed electronically the following day and a paper copy was provided in Legislature agenda packets. He said there have been two committee meetings about this in addition to a meeting of all involved parties and the County Administrator and he believes this has received an adequate amount of discussion. Mr. Shinagawa said there is a concern that this might set a precedent, but disagrees because this is a unique request that is cost-effective for the County. This also goes directly to individuals and does not support any administrative costs. He said there will be $40,000 more funds in October so this is indeed a one-time request. Lastly, he said this program runs well and is audited by HUD, and Catholic Charities has a process where they do work with the tenants and landlords to make sure this program is not abused. Mr. Dennis said this is a perfect opportunity for County government to be nimble. He said he understands the concerns that have been expressed with regard to process but thinks it is the right thing to do for those people in the community who need help. Ms. Robertson read the following letter into the record by Pete Myers, Director of the Tompkins County Worker's Center: 116 May 15, 2007 "I regret not being able to make it to tonight's meeting of the Legislature. I would have spoken about the proposed $20K in proposed Contingency Funding to Catholic Charities to support people that need help with security deposits. Having worked at Catholic Charities for three years, and now as the Coordinator of the Workers' Center, I know many of these people intimately, and thus know that the need is very much there. "While I very much respect the fact that this proposal has yet to make it through a Committee, I also think that for those who are looking for their own shelter, and not a homeless shelter, that this funding is vital. It would also be important for the County to look at how much money would be saved -- by the County --by people having their own apartment, rather than having to stay in a homeless shelter, costing the County an estimated $36 a night". Ms. Robertson spoke to the comments that have been made about process, and stated this Legislature often takes action on member -filed resolutions and said this is a perfectly accepted and common process for many reasons. She also noted Chris Sanchirico attended the Health and Human Services Committee meeting more than a month ago but time ran out before this program could be discussed. She said the actual number of requests are not eight per month, but four to five times that number. Ms. Robertson said there is a crisis in affordable housing in this community and yet there are so few things the County can do to keep people in housing. This is something that can be done to fill a gap that exists today. Ms. Kiefer noted that on the break-even analysis there is a statement that the request is for $20,000 for five months ($4,000 per month), and asked if Catholic Charities would be going back to allocating a certain amount each month. Ms. Sanchirico said they anticipate eight requests per month and will not be changing the way allocations were done back to the previous method with a cap each month. Ms. Kiefer said Ms. Herrera had mentioned that if there was more time there may be better uses of this money and asked for examples of what she meant. Ms. Herrera said there was nothing specific and that discussion had just begun in the Budget and Capital Committee meeting. She said it is her belief that with an accountability effort there are ways that could be discovered of how to leverage these funds. Mr. Joseph said this may not seem like an emergency to some; however, it is an emergency to the approximately 40 families who will get a place to live over the next five months because of approving this resolution. He said while he is concerned about process and about the right way to route resolutions through the process, he agrees with Mr. Dennis that there are times when government should be nimble. Mr. Joseph said government has a reputation of not being able to be nimble but he thinks this is a rare opportunity to quickly take action that will have a dramatic impact on the lives of a relatively small number of people. Mr. Sigler said he voted against this at the Health and Human Services Committee meeting because he didn't think it was ready for action at that point. He said his main concern is that this may set a precedent for other agencies and doesn't want others to make similar requests. He does, however, have faith in the agencies that that won't happen. He said after looking into this he has learned this is not a "revolving door" and is a one-time solution to these families in need. Mr. Sigler said from his point of view, this is putting people in a position where they can become self-sufficient and reduces the need for public services. He sees the role of government as trying to help people manage on their own and not to rely on public services and this proposal meets that criteria from his perspective. Mr. Sigler said he hopes this will put focus on the property tax as the $500 people will receive from this will not cover an entire security deposit. He stated the reason rents are so expensive is because property taxes are so high. Mr. Randall said after hearing all of the arguments in support and against this proposal he will support this resolution because he can personally relate to the situations many of the people who will be receiving this assistance are in and because statistics are showing that people do not repeatedly ask for this assistance. He also said there are many people in Tompkins County who make just enough income to be ineligible for many services. 117 May 15, 2007 Mr. Stevenson said this resolution creates a degree of hypocrisy for him in that it was not too long ago when this Legislature passed the real estate transfer tax and made it that much harder for people to own housing. He said he has reservations in supporting this because he thinks if supporting the acquisition of affordable housing is a good thing to do this Legislature needs to do that for more people. Ms. Kiefer said she will support this because of an interview she overheard on public radio. The interview was with the director of a national homeless organization who talked about a handful of cities who had put a lot of money into subsidizing housing for people who are homeless (e.g. homes, apartments, etc.) and as a result those cities have saved substantially more money over a period of several years. She said this is a straightforward proposal and supports approving it on a one-time basis. Mr. Proto said he reluctantly will not support this. He said like many others, he periodically makes a personal donation to Catholic Charities as he does with other agencies in town. He said his primary concern with this proposal is because when the former director allocated these funds they were divided by twelve months in a year and a set amount was distributed on a monthly basis. When that amount ran out there were no more disbursements the remainder of the month. He recalled being told at the Health and Human Services Committee meeting that this was not the current practice and that the money was spent down by April on a first-come, first -serve basis. Mr. Proto also said this sets a relatively dangerous precedent because it shows other agencies that they can spend their allocations and the County will then make them whole. Mr. Booth said he voted for this at the Budget and Capital Committee meeting and will support it this evening because of the population that is served. He said he doesn't believe there will be a surge in these types of resolutions but believes Ms. Herrera raised an interesting point. Current rules of this Legislature allow this type of resolution and he is unsure that the existing procedure is the correct one when taxpayer funds are being spent. He said if a resolution has failed (as this one did), in two committees this Legislature should give careful consideration to allowing those types of proposals to move forward to the full Legislature. Ms. Robertson said she would oppose a change to the current rules that allow Legislators to bring forward member -items. She said she was informed by the Director of this agency that there are two types of people who are typically in this program — those who are chronically impoverished and others who just need one-time assistance to get them back on their feet. She said according to the Housing and Urban Development guidelines, it is not permissible to make this program a revolving loan fund, but she would support looking into other options for the future. She asked that Legislators support these individuals and the agencies operating these programs. It was MOVED by Mr. Dennis, seconded by Mr. Booth, to Call the Question. A voice vote on the motion resulted as follows: Ayes — 7 (Legislators Booth, Dennis, Mackesey, Randall, Robertson, Shinagawa, and Sigler); Noes — 6 (Legislators Hattery, Herrera, Joseph, Kiefer, Proto, and Stevenson); Excused — 2 (Legislators Koplinka-Loehr and McBean-Clairborne). MOTION FAILED. Further discussion followed and a roll call vote on the resolution resulted as follows: Ayes — 9; Noes — 4 (Legislators Hattery, Herrera, Proto, Stevenson); Excused — 2 (Legislators Koplinka-Loehr and McBean-Clairborne). RESOLUTION ADOPTED. WHEREAS, Catholic Charities of Tompkins/Tioga County has operated a Security Deposit Assistance Program in Tompkins County since October 2004, funded by Community Development Block Grant (CDGB) funds, and WHEREAS, this program fills a critical gap by helping the working poor who earn too much to qualify for Department of Social Services assistance programs, but who earn too little to pay a security deposit in addition to monthly rent for an apartment in Tompkins County, and WHEREAS, Community Development Block Grant (CDBG) funds of $25,000 allocated in October 2006, were completely granted to the landlords of income -qualified clients by April 2007, and 118 May 15, 2007 WHEREAS, CDBG funds ($40,000) have been committed in the next round but the money will not be available until October 2007, and WHEREAS, most of the clients in this program are families and if they do not receive aid for security deposits they often end up in the homeless shelter, and these are the most difficult people to "re- house" once they enter the shelter, and WHEREAS, Tompkins County pays an average cost, over the year, of $36.44 per person per night throughout our homeless shelter system, costing a total of almost $590,000 of local spending in 2006, and WHEREAS, there are additional long-term costs of homelessness to the clients' health and mental health, and to children's development and success in school, and WHEREAS, the Catholic Charities Security Deposit Assistance Program prevents people from becoming homeless, and there is no other program in Tompkins County that provides this assistance, and WHEREAS, this program has been audited by Housing and Urban Development and has been found to be in compliance with federal guidelines, now therefore be it RESOLVED, That Catholic Charities shall receive a one-time allocation of $20,000 from the Contingent Fund to enable the agency to continue the program until CDBG funds become available in October 2007, RESOLVED, further, That the Director of Finance be authorized and directed to make the following appropriation: FROM: A1990 Contingent Fund $20,000 TO: 6305.54400 Human Services Coalition $20,000 RESOLVED, further, That County Administration and relevant departments will work with Catholic Charities and other entities to explore the creation of a revolving loan fund to supplement the existing security deposit program. SEQR ACTION: TYPE II -20 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: RESOLUTION NO. 76 - TO EXECUTE FOUR TEN-YEAR CONTRACTS WITH FOODNET MEALS ON WHEELS TO PROVIDE NUTRITION SERVICES TO COUNTY RESIDENTS 60 YEARS OF AGE AND OLDER MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the Office for the Aging wishes to renew its contracts with Foodnet Meals on Wheels, and WHEREAS, the ability of Foodnet Meals on Wheels to plan to meet future demands would be enhanced by four ten-year contracts to provide home -delivered meals, congregate meals, nutrition education, and nutrition counseling, now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, That the Legislature approve contracts for: Contract Term of Contract SNAP & CSE (Supplemental Nutrition Assistance Program & Community Services for the Elderly—NYS funding) Title III -C-1 & Title III -C-2 119 April 1, 2008 -March 31, 2018 January 1, 2008 -December 31, 2017 May 15, 2007 (Older Americans Act—Federal funding) Foodnet Select January 1, 2008 -December 31, 2017 (Private pay program of Foodnet) NSIP October 1, 2008 -September 30, 2018 (Nutrition Services Incentive Program—Federal funding) RESOLVED, further, That the County Administrator or his designee is authorized to sign these agreements and any amendments related to the agreements, RESOLVED, further, That these contracts are contingent on availability of Federal, State, and County funding. SEQR ACTION: TYPE II -20 RESOLUTION NO. 77 - ESTABLISHING SALARIES AND BENEFITS FOR POSITIONS DESIGNATED AS CONFIDENTIAL MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the Confidential employees are a core group of administrative professionals responsible for supporting central administrative functions and by law cannot be part of a collective bargaining unit, and WHEREAS, in the past, benefits for Confidential employees have been established by Administrative Policy 03-01, and salaries established on a annual basis by resolution of the Legislature, and WHEREAS, for purposes of parity, it would be practical to adopt a policy that would reflect the current practice of having salaries for Confidential employees parallel to White Collar employees, now therefore be it RESOLVED, on recommendation of the Personnel Committee, That salaries for Confidential employees shall continue to parallel White Collar salaries, and that annual salary increases and benefits for employees designated as Confidential shall be imposed at the same level in all aspects, as those negotiated by the White Collar bargaining unit, RESOLVED, further, That this resolution takes effect on January 1, 2008. SEQR ACTION: TYPE II -20 RESOLUTION NO. 78 – AUTHORIZATION TO EXECUTE QUITCLAIM DEEDS – SALE OF FORECLOSURE PROPERTIES AT PUBLIC AUCTION MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, by tax foreclosure proceedings, the County acquired certain parcels in the County, and WHEREAS, said properties will be sold, contingent upon Legislature approval, at public auction on June 12, 2007, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That upon payment in full of the bid price, plus current taxes and filing fees, that the County Administrator be and hereby is authorized to execute quitclaim deeds for all parcels sold at the public auction. SEQR ACTION: TYPE II -20 120 May 15, 2007 RESOLUTION NO. 79 - AUTHORIZING AN INTER -MUNICIPAL AGREEMENT BETWEEN TOMPKINS COUNTY AND CORTLAND COUNTY — PUBLIC TRANSPORTATION SERVICE MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, Tompkins County encourages public transportation service with neighboring counties to provide safe and affordable commuter bus service to the regional labor force employed in the County, to reduce traffic on highways and roads, and to realize environmental and energy conservation benefits of the service, and WHEREAS, Tompkins County Resolution No. CA061-93, of June 15, 1993, authorizes an inter- municipal agreement with Cortland County to permit Cortland County to operate public transportation service between Cortland and Tompkins Counties, pursuant to Section 119-0 of the General Municipal Law of the State of New York, and WHEREAS, Cortland County desires to operate commuter service, to Cornell University and the City of Ithaca to carry people employed in Tompkins County, under contract with First Transit, Inc., and WHEREAS, Tompkins County desires to revise the terms of its June 1993 resolution, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the Tompkins County Legislature authorizes an intermunicipal agreement with Cortland County subject to these terms: 1. In order to avoid duplication of service, Cortland County or authorized carrier shall furnish details of its schedule, fares, and stops to Tompkins Consolidated Area Transit, Inc. (TCAT). The proposed and all future bus service must be approved in writing by TCAT, prior to the commencement of service by Cortland County or authorized carrier. The operation of said bus service must be coordinated and remain in good standing with TCAT and Tompkins County. 2. Cortland County shall hold harmless and defend Tompkins County and TCAT from and against any and all claims and actions brought against Tompkins County and/or TCAT for damages or injuries arising from this agreement. 3. Tompkins County retains the right to terminate this agreement upon thirty (30) days written notice to Cortland County and the New York State Department of Transportation. RESOLVED, further, That the County Administrator is authorized to finalize and execute an inter -municipal agreement with Cortland County to operate said bus service in Tompkins County. SEQR ACTION: TYPE II -20 RESOLUTION NO. 80 - ADOPTION OF AMENDED BYLAWS — TOMPKINS COUNTY WORKFORCE INVESTMENT BOARD MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice vote by members present under the Consent Agenda. Later in the meeting Ms. Herrera expressed concern that she had not communicated earlier in the meeting with regard to this resolution. She said she does not support changes to advisory board bylaws to allow membership by out -of -County residents. WHEREAS, it is the policy of Tompkins County that individuals serving on advisory boards under Tompkins County's jurisdiction must be residents of Tompkins County, and WHEREAS, the Workforce Investment Act of 1998 requires Workforce Investment Boards to have a 51 percent employer majority on the Board and those individuals appointed to serve must be in optimum policy-making authority within their organizations, and WHEREAS, one-third of the people who work in Tompkins County live outside Tompkins County, and WHEREAS, representation of the regional labor market is important to the Workforce Investment Board, and 121 May 15, 2007 WHEREAS, the Tompkins County Workforce Investment Board has voted, by majority vote of the entire Board, to amend its bylaws to reflect this present reality, and out of a total of 35 Workforce Investment Board members, to allow up to five of the employer appointments to be made without regard to the place of residence of the individuals named to represent those employers, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the proposed amended bylaws of the Tompkins County Workforce Investment Board be and hereby are adopted, said bylaws are on file with the Clerk of the Legislature. SEQR ACTION: TYPE II -20 Approval of Appointment 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 appointment of Amy Chaffee as a Community Member representative to the Substance Abuse Subcommittee for a term expiring December 31, 2010. Presentation of Resolution(s) from the Planning, Development and Environmental Quality Committee RESOLUTION NO. 81 - CREATION OF PROJECT ASSISTANT POSITIONS IN THE OFFICE OF EMPLOYMENT AND TRAINING - TOMPKINS WORKFORCE NEW YORK MOVED by Ms. Robertson, seconded by Mr. Dennis, and unanimously adopted by voice vote by members present. WHEREAS, Tompkins Workforce New York is in possession of the Temporary Assistance for Needy Family (TANF) Youth Program grant monies to promote and operate an employment, academic - enrichment, and training program for youth, and WHEREAS, in order to hire a sufficient number of staff to carry out the mission of the grant, it is necessary to create six additional positions in the Office of Employment and Training, Tompkins Workforce New York, and WHEREAS, due to the recurring nature of this grant funding, these six 40 hour per week positions need to carry over from year to year, and WHEREAS, the appointments are typically under 90 days but in any case will only be filled as long as grant money exists to fill them, now therefore be it RESOLVED, on recommendation of the Planning, Development and Environmental Quality and the Budget and Capital Committees, That six positions of Project Assistant (76-049) are hereby created effective immediately, RESOLVED, further, That sufficient grant monies exist in account number A6292.42797 to fund these positions for 2007 and will only be filled in the future if there is sufficient grant money, RESOLVED, further, That no further funding is required. SEQR ACTION: TYPE II -20 Presentation of Resolution(s) from the Budget and Capital Committee RESOLUTION NO. 82 - APPROVAL OF TOMPKINS CORTLAND COMMUNITY COLLEGE CAMPUS MASTER PLAN AMENDMENT MOVED by Mr. Booth, seconded by Mr. Proto. Ms. Kiefer asked what equipment had to be deferred. Mr. Booth said it is his understanding that the significant changes in the project relate to renovation of the Board Room. Mr. Ross said the area that has been deleted from the plan is renovation of the forum to create a conference center concept. The equipment that was delayed was academic 122 May 15, 2007 equipment that was related to phase IIb of the project, the digital lab. After further review of the total package of the Master Plan and the last round of bids that included a student center that came in significantly over -budget, the project was revised and put back out to bid. He said by approving these additional funds the College will be able to move forward to build the student center and also provides funds that were going to be cut out of the Master Plan for some of the essential academic equipment. A voice vote resulted as follows: Ayes — 13, Noes — 0, Excused — 2 (Legislators Koplinka-Loehr and McBean-Clairborne). RESOLUTION ADOPTED. WHEREAS, via Resolution No. 234 adopted on December 7, 2005, the Tompkins County Legislature approved Tompkins Cortland Community College's campus master plan in the amount of $33,053,262, and WHEREAS, the costs for construction of a student center are being significantly impacted by the higher cost of materials, and WHEREAS, equipment and alternates on other master plan projects have been deferred and should be completed with capital funds rather than future operating dollars, and WHEREAS, these changes have resulted in a revised master plan as outlined below totaling $34,253,262, and State Share $16,526,631 Local Share Fundraising $ 3,000,000 Capital Chargebacks $ 9,826,631 Sponsor Contribution $ 4,900,000 Total Local Share $17,726,631 Total Campus Master Plan $34,253,262 , and WHEREAS, State funds available to support the campus master plan project will remain at $16,526,631 and the County sponsor contribution will remain at $4,900,000, and WHEREAS, capital chargeback revenues have increased in part due to additional on -campus housing that attracts out -of -county students and growth in international programs with associated capital chargebacks, now therefore be it RESOLVED, on recommendation of the Budget and Capital Committee, That the Tompkins County Legislature approves the allocation of an additional $1,200,000 of capital chargeback funds to the campus master plan project bringing the total capital chargeback funds used to $9,826,631, RESOLVED, further, That this resolution shall become effective upon adoption of a concurrent resolution by the Cortland County Legislature. SEQR ACTION: TYPE II -20 Presentation of Resolution(s) from the Public Safety Committee RESOLUTION NO. 83 - ADOPTING PLAN FOR DISTRIBUTION ON INITIAL SUBSCRIBER RADIO EQUIPMENT FOR PUBLIC SAFETY COMMUNICATIONS SYSTEM — DEPARTMENT OF EMERGENCY RESPONSE MOVED by Mr. Booth, seconded by Mr. Proto. Mr. Dennis said this resolution is very important to the volunteer fire department and police department that he represents and he will happily support it. He commended Mr. Shurtleff for all of the hard work he put into this proposal. 123 May 15, 2007 Mr. Proto asked what the status of town highway departments will be in the overall picture as they are not included in this resolution. Mr. Shurtleff said from a system perspective they have designed and are building a system that will provide coverage across the County and also has the capacity to add on additional agencies other than those covered by this resolution. He said it his intent and expectation to pursue involvement of additional subscriber units that include those highway departments, other local government agencies, TCAT, Gadabout, and any other entity that may comprise a part of the emergency response network. He said the local governments have not been provided for as far as the highway departments to join within this but they will be able to extend to them the pricing that was arrived at in the Motorola contracts to allow them to buy a certain number of units to communicate within the system. Mr. Shurtleff said through this resolution he thinks some of the burden local governments were feeling will be alleviated with their own emergency response agencies that was related to having an adequate allotment of equipment. Mr. Randall commended Mr. Shurtleff for his diligence and hard work on this project that means a lot of rural communities. Ms. Robertson thanked everyone for their involvement in this project and particularly thanked former Legislator Barbara Blanchard for her work on it. Mr. Stevenson said he thinks some of the concerns he had, particularly those related to the for- profit entities, have been answered. He said he is impressed with what he thinks is a really good package and noted everyone who is a party to it agrees it's a good package. Mr. Stevenson said he appreciates all of the work that has gone into this and will support this. Mr. Proto disclosed his personal business handles some accounts with Motorola but is not participating in any financial way that is related to this resolution. Mr. Shurtleff thanked the Legislature for extending its appreciation to him but noted the hard work the public safety and EMS providers have contributed to this. He said without their cooperation this could not have been possible. A voice vote resulted as follows: Ayes — 13, Noes — 0, Excused — 2 (Legislators Koplinka-Loehr and Mc Bean-Clairborne). RESOLUTION ADOPTED. WHEREAS, a Capital Project was established in 1998 to replace and upgrade County public safety radio communications systems, and the Communications Capital Project Committee (COMPCAP) was subsequently appointed to define and move forward the project, and WHEREAS, Resolution No. 57 of 2001 identified, in part, the project goals as: (1) maximize coverage and balance the level of service to meet the communication needs of the County's public safety community, (2) minimize the economic cost to the County through public/private partnerships and the effective use of funding opportunities, and WHEREAS, the County's Emergency Management Plan, adopted in 2003, identified the current communication system as the largest vulnerability and greatest impediment to an effective response effort in the event of an emergency due to its age and lack of interoperability, and WHEREAS, by Resolution No. 61 of 2004, the County Legislature directed that interoperability, defined as the ability of public safety personnel in different agencies or jurisdictions to communicate with each other by radio, as a fundamental requirement of the Public Safety Communications System, be incorporated into the design and implementation of the system, and WHEREAS, basic interoperability extends to the end-user radio equipment utilized by emergency responders in the form of mobile radios, portable, hand-held radios, and remote control units, and WHEREAS, on December 20, 2005, the County entered into contract with Motorola for the construction of an 800 MHz trunked digital emergency communications system and acquisition of related end-user equipment in the amount of $1,977,604, and the system is now nearing completion, and 124 May 15, 2007 WHEREAS, the Department of Emergency Response, through extensive collaboration with the public safety providers, has proposed a plan, as summarized in the May 15, 2007, attachment to this resolution, to allocate a basic and standardized inventory of end-user/subscriber equipment, including mobile and portable radios and control stations, to the agencies that constitute the County's first responders, and WHEREAS, in addition to law enforcement, fire, and EMS personnel, at least two other County departments, Public Works and Public Health, are integral to our Emergency Management Plan and Public Works and Public Health command management personnel will be supplied with similar equipment, and WHEREAS, County departments have identified and secured funding opportunities through two federal grants of $500,000 each; a State grant of $80,000; reimbursed emergency response equipment totaling $240,000; accrued interest of $300,000 (total estimate $2,000,000) to provide for interoperable subscriber equipment and funds exist in the capital project accounts to support this plan, now therefore be it RESOLVED, on recommendation of the Public Safety Committee, That the Tompkins County Legislature finds the plan effectuates the goals of the capital project and will establish interoperability among the County's first response organizations, and does hereby authorize the Department of Emergency Response, in consultation with County Administration and the Emergency Communications Review and Oversight Committee (ECROC), to finalize and implement a plan to establish subscriber interoperability, RESOLVED, further, That the County Attorney shall review the plan and develop appropriate agreements and/or memorandums of understanding with any non -local government agency or fire department included in the plan for purposes of establishing interoperability. SEQR ACTION: TYPE II -20 Attachment: Plan for Distribution of Initial Subscriber Radio Equipment Public Safety Communications System To achieve communications interoperability among first responder public safety agencies, the Department of Emergency Response will acquire and distribute an assortment of radios under the following terms and conditions: • Those agencies that have primary fire, emergency medical services and law enforcement responsibilities, as designated by municipal jurisdiction and as certified or licensed by the appropriate state agencies to perform as such, shall be included. • The equipment will effectuate the purposes of the Tompkins County Fire & Emergency Medical Services Mutual Aid Plan and the "Closest Car Agreement" for Law Enforcement, as adopted by the participating agencies. • The Emergency Communications Review and Oversight Committee (ECROC) shall develop radio system operating guidelines and protocols, and the Department of Emergency Response shall continue to implement said protocols. • Mobile radios, as prescribed by the Department of Emergency Response (DOER), shall be installed in agency or department -owned vehicles designated or assigned for routine emergency response functions. • A basic number of portable, handheld radios will be distributed to these same agencies. The individual agencies may acquire at their own expense additional handheld units. Future replacement of portable radio units will be assumed by the individual agencies. • Pagers, mobile radios for non -agency owned vehicles (responders' private vehicles), accessories, and enhancements shall be the responsibility of the individual agencies. • A fixed radio control station will be installed and maintained by the DOER at designated fire and police stations for direct station - to- station communication, as recommended by the County Comprehensive Emergency Management P. n. May 15, 2007 • Future replacement and maintenance, beyond the first year warranty, of all portable radios will be an agency/departmental responsibility. The County, through the DOER will maintain ownership and responsibility for mobile radios in primary fire and EMS response apparatus, as first established in 1959, while future replacement and maintenance of mobile radios in law enforcement and private agencies will be the financial responsibility of those LEO & private agencies. The County Attorney, in consultation with the Department of Emergency Response, will develop and execute, as necessary, agreements, contracts, and/or memorandums of understanding with any non - local government agency included in this equipment distributions for the purposes of ensuring, to the County's benefit, participation in mutual aid, closest car and emergency management/disaster response plans and other appropriate services. Chair's Report and Appointment(s) Mr. Joseph presented a certificate recognizing David Squires for 15 years of service to Tompkins County. Mr. Joseph reported on the contents of the NYSAC Weekly Wire last week regarding a decision that the Supreme Court had made on Flow Control. He explained Flow Control is when a community passes a local law saying that all trash collected within its borders must be delivered to its own landfill or waste processing facility. The reason this is done is "so that a municipality can overcharge" for it and that is what Tompkins County used to do. In the past Tompkins County had a rule that all solid waste had to come through the Recycling and Solid Waste Center and then charged a per ton tipping fee that covered not only all of the trash but also the recycling program. Mr. Joseph said at one point the Supreme Court ruled Flow Control to be unconstitutional and Tompkins County had to drop that regulation and enacted the Solid Waste Fee. Recently, the Supreme Court decided that the earlier decision was based on a case where the County was requiring that trash be taken to a private center and two New York counties sued on the grounds they were requiring it to be taken to a public center and the Supreme Court upheld them this time. Mr. Joseph said Tompkins County now has the option of re -instituting flow control and putting the cost of recycling and other solid waste programs back onto trash instead of the annual fee. He asked the Facilities and Infrastructure Committee to examine this to see if this is a direction Tompkins County would like to move toward. He said there are a lot of questions relating to fairness and equity, particularly with regard to the colleges and what is the most desirable way to fund the County's recycling program and asked the Committee to look into all of the issues surrounding this. Chair's Appointment(s) Mr. Joseph made the following appointments to the Workforce Investment Board: Susan B. Sammis - Business representative ; term expires 12/31/09 Robert B. Bantle - Business representative ; term expires 12/31/08 Leslie Marie Leonard — Business representative ; term expires 12/31/09 Debbie M. Chadwick, Business representative; term expires 12/31/08 David P. Marsh — Labor organization representative; term expires 12/31/09 Dr. Brenda W. Myers — Local education representative; term expires 12/31/09 Report from the County Administrator Mr. Whicher announced the Tompkins County Council of Governments (TCCOG) has been awarded a $266,030 grant, under the Department of State's Shared Municipal Services Incentive (SMSI) program for studying intermunicipal cooperation with health insurance. 126 May 15, 2007 Mr. Whicher also reported there have been communications with Statewide Wireless Network and they are anticipating having further dialogue about how they are going to interface with Tompkins County. Lastly, Mr. Whicher announced his intention to retire between March and June of next year. He said he is providing the Legislature with advance knowledge to ensure that an inclusive process can be put into place that will allow for a smooth transition. Report from the County Attorney Mr. Wood had no report. He commented on Mr. Joseph's report concerning Flow Control. He said whether a County can impose Flow Control and how much can be charged are two separate legal issues. Report from the Finance Director Mr. Squires said he has distributed the annual property auction pamphlet that will be held on June 12th at the Human Services Building. He said there are a very small number of properties that will be auctioned. Mr. Squires spoke of the County's annual report that was filed on May 1st and said he will be providing information on a later date following the County's audit. He noted a milestone that occurred last week and said the County received an invoice in the amount of $8.4 million for equipment related to the County's radio communications system. Ms. Kiefer asked if the City was included in the auction and was told it is not. Addition of Resolution(s) to the Agenda It was MOVED by Mr. Booth, seconded by Ms. Kiefer, to add a resolution to the agenda entitled Endorsing State Legislation S1714 and A7938 —Extending Existing Sales and Use Tax Authority of the County of Tompkins. A voice vote resulted as follows: Ayes — 12, Noes — 1 (Legislator Proto); Excused — 2 (Legislators Koplinka-Loehr and McBean-Clairborne). MOTION CARRIED. It was MOVED by Ms. Mackesey, seconded by Mr. Proto, to add a resolution to the agenda entitled Urging Designated Routes for Solid Waste Vehicles Going to Seneca Meadows. A voice vote resulted as follows: Ayes — 12, Noes — 1 (Legislator Hattery); Excused — 2 (Legislators Koplinka-Loehr and McBean-Clairborne). MOTION CARRIED. Withdrawal of Resolution(s) from the Agenda There were no resolution(s) withdrawn from the agenda. Report from the Health Department Building Committee Mr. Proto, Chair, reported the Committee will meet May 17th to reviews sites and additional information that has been put together by staff. The Committee will also be discussing the timetable and is planning to make a presentation to the full Legislature in late June or early July. Mr. Whicher said he will be requesting an executive session at the June 19 Legislature meeting to discuss contract negotiations. Report from the Facilities and Infrastructure Committee Ms. Herrera, Chair, reported the Committee did not meet on May 8th, but will meet on May 22nd. 127 May 15, 2007 Report and Presentation of Resolution(s) from the Personnel Committee Mr. Dennis, Chair, reported the Committee met on May 9th and discussed the County's training program and the Committee's goals. RESOLUTION NO. 84 -AUTHORIZING EQUAL BENEFITS AND SALARY ADJUSTMENTS FOR MANAGEMENT POSITIONS WITH SALARIES SPECIFICALLY AUTHORIZED BY THE LEGISLATURE TO BE ABOVE THE ASSIGNED GRADE (Resolution Lost) MOVED by Mr. Dennis, seconded by Mr. Shinagawa. Ms. Kiefer said she will vote against this resolution primarily because she feels the Legislature should vote annually on salaries for positions above the assigned grade. Ms. Herrera said she would like to see this issue resolved but does not believe this accomplishes an end result she can support. A voice vote resulted as follows: Ayes — 7 (Legislators Dennis, Joseph, Proto, Robertson, Shinagawa, Sigler, and Stevenson); Noes — 6 (Legislators Booth, Hattery, Herrera, Kiefer, Mackesey, and Randall); Excused — 2 (Legislators Koplinka-Loehr and McBean-Clairborne). RESOLUTION FAILED. WHEREAS, the "Point -Factor Rating System" that is applied to all job descriptions and utilized by Tompkins County to assign labor grades and corresponding salaries to all titles is unable to reflect the market -rate salaries of certain highly specialized professional positions, and WHEREAS, by prior resolution of the Legislature, incumbents in the titles of Psychiatrist, Medical Director — Mental Health, and Deputy County Attorney have been assigned salaries at a rate above that provided in the Management salary schedule, and WHEREAS, salary increases for all management titles, except those mentioned above, are included in, and authorized by, one annual resolution of the Legislature, and WHEREAS, the fringe benefits and annual salary increase for incumbents in the three titles mentioned above should be equivalent to the increases and benefits provided to all other management staff, now therefore be it RESOLVED, on recommendation of the Personnel Committee, That effective January 1, 2008, incumbents in the titles of Psychiatrist, Medical Director — Mental Health, and Deputy County Attorney, will be eligible to receive the same fringe benefits and will receive the same annual salary adjustments as those provided to other management staff without requiring a separate resolution of the Legislature, RESOLVED, further, That currently there is stability with the individuals in these positions, however, should a vacancy occur and recruitment is necessary the appropriate program committee will look at CPI and market analysis, 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 II -20 Report from the Government Operations Committee Mr. Stevenson, Chair, reported the Committee met on May 11th and discussed the potential changes in the way assessment data are disbursed on the internet. The Committee decided this is something that should receive public input and will be working with the Public Information officer to move in that direction. The Committee was also asked to approve withholding one parcel from the foreclosure auction for a period of one year to allow for a determination of that parcel's role and value in stream buffer protection efforts. He also reported the Committee approved its goals for 2007. 128 May 15, 2007 Report and Presentation of Resolution(s) from the Planning, Development, and Environmental Quality Committee Ms. Robertson, Chair, reported the Committee met yesterday and heard a presentation by Chris Scimpidis from Bevan Forestry with regard to assessing its forestry resources. She stated the County owns forestry land in the Towns of Newfield and Caroline. A copy of the presentation is available for anyone who is interested. There are two public meetings on this topic that will take place on June 5th at the Newfield Town Hall and June 6th at the Speedsville Community Center in Caroline. The revised plan will later be forwarded to the full Legislature. The Committee also received an update on the Empire Zone from Heather Filiberto. To date, there have been nine businesses that have been fully certified and four others have been certified locally and are awaiting State approval. Ms. Robertson said the Planning Department continues to collect comments on the Housing Strategy and will be bringing that forward to the Legislature in June or July. The Committee also received a report from Fred Bonn of the Convention and Visitors' Bureau on a winter events that promoted teachers to come to Tompkins County. There were hundreds of attendees and this event injected an approximate $75,000 into the local economy. There was also a record-breaking room occupancy during the month of February that is attributed to this event. The next PDEQ meeting will be June 1 1th RESOLUTION NO. 85 —APPROPRIATION FROM CONTINGENT FUND -- INTERNATIONAL COUNCIL ON LOCAL ENVIRONMENTAL INITIATIVES (ICLEI) LOCAL GOVERNMENTS FOR SUSTAINABILITY MEMBERSHIP MOVED by Ms. Robertson, seconded by Mr. Dennis. Mr. Proto spoke of the high cost of this membership and requested a periodic update from the Planning Department on how this is going. A short roll call vote resulted as follows: Ayes — 13, Noes — 0, Excused — 2 (Legislators Koplinka-Loehr and McBean-Clairborne). RESOLUTION ADOPTED. WHEREAS, Tompkins County joined the International Council on Local Environmental Initiatives (ICLEI) in 2001, which is a program for municipal governments to identify sources of greenhouse -gas emissions within their jurisdictions and take actions to reduce such emissions, and WHEREAS, Tompkins County completed an inventory of the greenhouse -gas emissions from County government operations in 2001 and a Local Action Plan to Reduce Carbon Emissions for County Government Operations in 2003, and WHEREAS, the Tompkins County's Local Action Plan to Reduce Carbon Emissions for County Government Operations established a goal to reduce the amount of carbon emissions from the 1998 operation of County government by twenty percent by 2008, and WHEREAS, the County now wishes to update its carbon -emission inventory and assess its progress towards reaching this goal, and WHEREAS, the International Council on Local Environmental Initiatives (ICLEI) will provide the software and technical assistance needed to complete the carbon emission inventory update, and WHEREAS, a goal of the Tompkins County Sustainability Program is the "[R] eduction of greenhouse gases and environmental toxins through energy reduction and conservation in County facilities and fleets..." by, in part, "[D]evolop(ing) a report that measures eCO2 emissions from 1998 to the present ", now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee and the Budget and Capital Committee, That Tompkins County rejoin the International Council for Local Environmental Initiatives, RESOLVED, further, That the Director of Finance is authorized and directed to make the following appropriation: From: Contingent Fund 1990.54400 $1,200 To: Dues and Memberships 1920.54400 $1,200 SEQR ACTION: TYPE II -18 129 May 15, 2007 Report and Presentation of Resolution(s) from the Budget and Capital Committee Mr. Booth, Vice Chair, reported the Committee met yesterday and heard a report from the Finance Director on the Fund Balance. Mr. Squires had anticipated a decline in the Fund Balance by approximately $2 million; however, due to some chargebacks he was able to make the decline closer to $1 million. The Committee also approved a resolution authorizing Contingency funding that will come from the Jail boardout funds for the Re-entry Program; that resolution will come before the Legislature at the next meeting. Mr. Booth reported the Committee also discussed the fringe rate and directed Administration to produce additional information relating to taking fringe monies out of departmental budgets and keeping it under the control of County Administration. This item will continue to be discussed. The Committee also discussed the Room Occupancy Tax bud did not take any action. RESOLUTION NO. 86 - ENDORSING STATE LEGISLATION S1714 AND A7938 EXTENDING EXISTING SALES AND USE TAX AUTHORITY OF THE COUNTY OF TOMPKINS MOVED by Mr. Booth, seconded by Ms. Kiefer. Ms. Herrera said she voted against this in the Budget and Capital Committee meeting and will oppose it now. Mr. Proto said it is his recollection that this was supposed to be a one-time addition to the County's budget to restore the Fund Balance. Mr. Booth said he does not see any way the County's budget would be able to be managed without this. A voice vote resulted as follows: Ayes — 10; Noes — 3 (Legislators Herrera, Proto, and Randall); Excused — 2 (Legislators Koplinka-Loehr and McBean-Clairborne). 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, 2007, and WHEREAS, this Legislature by Resolution No. 206 of 2006 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, 2007, and they have done so and have introduced S1714/A7938 "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, 2009, now therefore be it RESOLVED, on recommendation of Budget and Capital Committee, That this Legislature endorses and requests State approval of legislation known as S1714 and A793 8, and urges its elected representatives in the Senate and the Assembly to support this legislation. SEQR ACTION: TYPE II -20 Report from the Public Safety Committee Mr. Booth, Vice Chair, had no report. Report from the Health and Human Services Committee Mr. Shinagawa, Chair, reported the Committee met on May 2nd and received a presentation from Lee Dillon of Tompkins Community Action relating to a proposal for a potential Chartwell House for women. The Committee discussed a plan for disposition of computers in the Department of Social Services since the State recently replaced the majority of computers in that Department. Greg Potter, Director of Information Technology Services, is making an assessment of the condition of those computers. Once that assessment is complete a determination will be made on where to place them. Mr. Shinagawa said the Committee also discussed the Recreation Partnership and the resolution presented earlier in the meeting relating security deposits. He said he is working with Betty Falcao of the Health Planning Council on a resolution concerning home health aides and other potential problems or setbacks 130 May 15, 2007 that might happen if Lakeside Nursing Home did close or if the Governor's Patient First Plan were enacted in Tompkins County. The next meeting will be tomorrow at 3:30 p.m. Member -filed Resolution RESOLUTION NO. 87 — URGING DESIGNATED ROUTES FOR SOLID WASTE VEHICLES GOING TO SENECA MEADOWS LANDFILL MOVED by Ms. Mackesey, seconded by Mr. Dennis. Mr. Booth stated it is not possible to get to the landfill from Tompkins County driving on an interstate. To do so would require going to Cortland and Syracuse and then travel west. He thinks this needs a greater discussion at the Committee level. It was MOVED by Mr. Booth, seconded by Mr. Hattery, to Refer to Committee. Mr. Proto said he understands Mr. Booth's concerns; however, a hearing is being held next Monday and referring to Committee would not allow time for action by this Legislature. Ms. Robertson said there is a SEQR process that is underway for Seneca Meadows and the State only allowed for a public hearing at the very last minute. Ms. Mackesey explained the reasons behind this resolution. She said most County residents have become aware that there are an increasing large number of tractor -trailer truckloads of garbage coming into Tompkins County. These trucks are a nuisance because of noise and huge impact they have on the traffic in the city. She said it is now very clear that residents who live on routes 89, 96, 34, 34B, and 79, are all being affected by the substantial increase in the number of trucks. She said these roads are not built for this kind of regular heavy traffic. Seneca Meadows has applied to expand its landfill operations that would increase the life of their landfill by 14 years. She said it is being viewed by representatives of Seneca Meadows representatives that trucks are using Route 81 and crossing over to route 90, which is not happening. She said there are no weighing stations, no inspection stations, and they are not paying any tolls. A voice vote on the motion to Refer to Committee resulted as follows: Ayes — 3 (Legislators Booth, Hattery, and Stevenson); Noes — 10; Excused — 2 (Legislators Koplinka-Loehr and McBean- Clairborne). MOTION FAILED. Ms. Herrera said this is a very good and proper use of a member -filed resolution. Mr. Stevenson said noise is a separate issue than the safety hazard of the trucks and would be more comfortable if that Whereas was removed. Mr. Booth said Tompkins County's garbage trucks travel through other counties. He said he doubts anyone is detouring to Tompkins County for any reason other than taking the shortest route. Ms. Mackesey disagreed that trucks are coming into Ithaca because it is the fastest route. She said there are a substantial number of trucks coming into Ithaca from outside New York State. Mr. Joseph noted this Legislature is not writing legislation, but is asking the New York State Department of Transportation to do something. Mr. Hattery said he sees this resolution as a request to consider the broader regional traffic impacts involved in allowing Seneca Meadows to expand its facility rather than a request to keep trucks out of a specific county. 131 May 15, 2007 A voice vote resulted as follows: Ayes — 13, Noes — 0, Excused — 2 (Legislators Koplinka-Loehr and McBean-Clairborne). RESOLUTION ADOPTED. WHEREAS, the Tompkins County Legislature is charged with the safety and well-being of its residents and with the safety and maintenance of its highways, and WHEREAS, Tompkins County Legislators have received increasing numbers of complaints from residents concerning the growing number of solid waste trucks from outside the area that are driving through Tompkins County day and night on their way to Seneca Meadows and other landfills to the north, and WHEREAS, the number, size and speed of the solid waste trucks with their noisy jake- brakes disturb the peace and raise fear and consternation among Tompkins County residents in addition to increasing the wear and tear on our highway system, and WHEREAS, these trucks travel through residential areas in densely populated communities - - areas that the interstates are designed to avoid, and WHEREAS, Seneca Meadows the destination of many of the out of area garbage trucks has applied for an 18 acre landfill expansion, and WHEREAS, the negative local impacts of these solid -waste trucks can be mitigated by having them travel on interstate -level roads to the point closest to their landfill destination, and WHEREAS, the "Supplemental Traffic Impact Assessment (STIA) for the proposed Seneca Meadows expansion appears inadequate on its face, as it only looked at State Route 414 between Interstate 90 and the landfill and concluded there would be no significant change in landfill -related traffic patterns". This STIA apparently assumed that these trucks only traveled via Interstate 90, whereas our local experience is otherwise, possibly because some solid waste haulers can avoid tolls and weigh stations by using non -interstate routes. The area of impact for this STIA should have a larger radius to include e.g. State Routes 34, 34B, 79, 89, and 96 in Tompkins County, and WHEREAS, although the New York State Department of Transportation (NYSDOT) cannot forbid such trucks to use state highways, the NYSDEC has an opportunity, through the permitting process for the Seneca Meadows landfill proposed expansion, to address these issues in a constructive way, now therefore be it RESOLVED, That the Tompkins County Legislature strongly requests that the New York State Department of Environmental Conservation require that when practical solid waste trucks headed to and from Seneca Meadows travel on interstate level highways as a condition of approval of the permits and Draft Supplemental Environmental Impact Statement for expansion of the Seneca Meadows Landfill, RESOLVED, further, That copies of this resolution be sent to Senator Charles Schumer, Senator Hillary Rodham Clinton, Congressman Maurice Hinchey, Congressman Michael A. Arcuri, Governor Eliott Spitzer, Senators Seward, Nozzolio, and Winner, and Assemblyperson Lifton, New York State Department of Environmental Conservation Division of Environmental Permits Director, New York State Department of Environmental Conservation Bureau of Solid Waste, Reduction & Recycling, and New York State Association of Counties. SEQR ACTION: TYPE II -20 Approval of Minutes of May 1, 2007 It was MOVED by Mr. Stevenson, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, to approve the minutes of May 15, 2007 as corrected. Adjournment On motion, the meeting adjourned at 8:22 p.m. 132 June 5, 2007 Regular Meeting Call to Order Mr. Joseph called the meeting to order at 5:30 p.m. Pledge of Allegiance to the Flag and Roll Call of Members Members and guests participated in the Pledge of Allegiance to the Flag. Present: 15 Legislators. Ms. Kiefer arrived at 5:37 p.m. Privilege of the Floor by the Public Sheriff Peter Meskill spoke in support of the resolution on the agenda entitled Appropriation from Contingent Fund — Re -Entry Initiative Program — Offender Aid and Restoration. He encouraged all Legislators to support the resolution that will temporarily fund a position at OAR. This is part of a process to work to make a difference with the Re -Entry program and he stated OAR is the outside agency that can directly work with inside agencies. He stressed the importance of having an outside connection in the efforts of a core group of people working with inmates to make a difference. He suggested that this be treated as a pilot program for six to eight months. Ms. Kiefer arrived during privilege of the floor for the public. The following individuals spoke in support of the resolution entitled "To Call for a Comprehensive Review of Charges that may Warrant Impeachment of the President and Vice President of the United States": Greg Potter, Freeville David Jacobus, City of Ithaca Bob Nape, Town of Ithaca Alexis Alexander, City of Ithaca Marty Luster, Trumansburg Doria Higgins, Town of Ithaca Joel Harlin, Newfield Fay Gougakis, City of Ithaca William Meyer, City of Ithaca Ed Lisbe, City of Ithaca Alan Carstensen, Trumansburg Aaron Pines, Town of Ithaca Fred Matteo The comments of speakers cited such things as: "If we don't repudiate, we'll be seen as supporting the Administration's actions"; "started petitions March 17th, 2,600 signatures as of today, at bring of fervent grassroots -inspired movement"; "if you sit passively that makes you an accomplice"; "why haven't we been able to stop the torture?"; "separation of church and state". In addition, Fay Gougakis reported the Bush administration is now scaling back satellite climate surveillance of global warming — the opposite of what is needed. Member -filed Resolution 133 June 5, 2007 Mr. Joseph stated the Resolution on the agenda entitled: "To Call for a Comprehensive Review of Charges that may Warrant Impeachment of the President and Vice President of the United States" would be moved up on the agenda for the purpose of accommodating individuals in attendance. Mr. Sigler challenged the ruling of the Chair as he believes the resolution should remain where it was placed on the agenda. Mr. Joseph stated his reason for moving the resolution up on the agenda is to accommodate individuals who attend the meeting to listen to a particular issue. After stating the question "Shall the ruling of the Chair be overruled?" the Clerk, without debate, took a roll call vote as follows: Ayes — 4 (Legislators Hattery, Proto, Randall, and Sigler); Noes — 11. THE RULING OF THE CHAIR WAS NOT OVERRULED. RESOLUTION NO. 88 - CALLING FOR A COMPREHENSIVE INVESTIGATION OF EVIDENCE THAT MAY WARRANT IMPEACHMENT OF THE PRESIDENT AND VICE PRESIDENT OF THE UNITED STATES MOVED by Ms. Mackesey, seconded by Ms. Kiefer. Mr. Booth stated: "I. In my opinion consideration of the possible impeachment of the President and the Vice President of the United States lies far, far beyond any responsible or remotely rational definition of the duties and responsibilities of the County Legislature. The apparent willingness of a majority of the current Legislature to consider such a resolution reflects a serious misunderstanding of the role and capacity of a County Legislature." (The second part of Mr. Booth's statement was read later in the meeting). It was MOVED by Mr. Booth, seconded by Mr. Proto, to Table this resolution indefinitely. A roll call vote resulted as follows: Ayes — 6 (Legislators Booth, Hattery, Proto, Randall, Sigler, and Stevenson); Noes — 9 (Legislators Dennis, Herrera, Joseph, Kiefer, Koplinka-Loehr, Mackesey, McBean- Clairborne, Robertson, and Shinagawa). MOTION FAILED. Ms. Kiefer read the following statement submitted for the record by Brian Eden of Ithaca and indicated she agreed with this statement: "Since the events of September 11, 2001, President Bush has authorized the invasion of Iraq and Afghanistan, the warrantless interception of Americans electronic communications, the torture and inhumane treatment of prisoners, the establishment of a "law -free zone" at Guantanamo Bay, Cuba, the extraordinary rendition of detainees, the indefinite detention of American citizens without access to legal counsel, without charge, and the opportunity to appear before a civil judicial officer to challenge their detention, and the creation of offshore "ghost" detention facilities. The President has also signed numerous Executive Orders and National Security Directives which, although less well known, are of similar concern. Many have asserted that these policies and practices violate either, or both, domestic and international law. The President claims the legal authority to institute such policies in his role as the Commander in Chief or as derived from the Congressional enactment of the "use of force" resolution. "The following are the sources of Presidential powers: (1) express provisions of the Constitution, (2) a grant from Congress, and, (3) that which has neither been authorized nor prohibited by the Constitution or by Congress. In those areas set forth by the Constitution of shared power, the President may not use his Commander in Chief authority to override limits expressly enacted by Congress. "I will address two specific areas in which the President has exceeded his authority. In the absence of Congressional action on the treatment of captured enemy soldiers, the President as Commander in Chief would have authority to issue orders governing their treatment. However, the Constitution clearly provides Congress the authority to constrain the President's war powers. In 1996, Congress enacted the "Federal Torture Act". Due to the revelations of Abu Ghraib and the publicity 134 June 5, 2007 surrounding the use of techniques such as "waterboarding", Congress was compelled in 2005 to once again pass legislation to categorically prohibit the torture and cruel, inhumane, or degrading treatment of detainees by all U.S. personnel anywhere in the world. Although President Bush opposed this legislation, he signed it into law when it passed Congress by veto -proof majorities. However, in his signing statement, he indicated that he reserved the right to order the use of such interrogation techniques as they were within his prerogative as head of the "Unitary Executive Branch" and as Commander -in -Chief. However, since Congress had enacted this legislation within the scope of its authority, a failure by the President to adhere to this act would be an express violation of the Constitution. "Likewise, soon after 9/11, the President secretly authorized the National Security Agency to vacuum up the contents of all international communications of individuals and businesses. No warrants were obtained from the Foreign Intelligence Surveillance Court and no probable cause was required for the interception. The FISA act was passed in 1978 after extensive Congressional fact finding and debate. FISA has been modernized and amended dozens of times subsequently. There have been six major amendments since 9/11 including those incorporated into the Patriot Act. The provisions of the Act were well established and flexible, yet the President chose not to comply with them. He claimed that Congress lacked the authority to constrain his actions in wartime espionage. Since the NSA was created by Congress, it has the subsidiary power to write rules governing the Agency's operations. Although the president as Commander -in -Chief may have the power to order warrantless surveillance of Americans, such power may be, and has been limited by Congress. It is a default power, not an exclusive power. Despite subsequent attempts at oversight by Congress, the evolution of the warrantless surveillance program, what types of surveillance the NSA is currently conducting, and what the FISA Court has authorized have yet to be determined. The ever -shrinking Fourth Amendment has been completely eviscerated by current practice. Individualized suspicion and probable cause have given way to the data mining of electronic communications collected en masse. How do we now define "unreasonable" search and seizure? "We are requesting today that you support us in bringing these allegations of the President's violation of the Constitution and the laws of the United States before the House of Representatives. Following an investigation and debate, those allegations receiving support from a majority of the members of the House will be incorporated into the Articles of Impeachment. Your support of this resolution indicates that you believe sufficient information has been developed to warrant further investigation by the House Judiciary Committee. President Clinton was impeached in 1998 for perjury and obstruction of justice in the Monica Lewinsky scandal. The allegations here, if substantiated, arguably present a much greater threat to our constitutional form of government than those committed by President Clinton. Therefore advocating for a full and fair evaluation of these allegations is neither frivolous nor a partisan stunt. "President Bush has failed to ensure that the laws are faithfully executed. He has either ordered, or failed to supervise, Executive Department officials who have operated outside the lawful scope of their authority. President Bush is sworn by oath to preserve, protect, and defend the Constitution. As the chief executive officer, he has the greatest responsibility to adhere to the rule of law. However, he has selectively chosen to ignore those laws with which he disagrees. Holding a public office of trust is not a right, but a privilege, and removal from office is not necessarily a punishment. If we are to continue to be a nation ruled by law and not 'men', President Bush must be held accountable for his civil disobedience." Ms. Mackesey stated this is not an impeachment resolution. The purpose of the resolution is to call upon the House of Representatives to begin an investigation of possible charges against the President and Vice President. She responded to questions raised about the appropriateness of the Tompkins County Legislature acting on this resolution and stated the Legislature is in receipt of a petition containing over 2,600 signatures from every municipality in the County, accounting for five percent of the County's voter registration list. She said this Legislature has the responsibility to respond to constituents and to also uphold the United States Constitution. Ms. Mackesey said she does not think the County should respond only when the Constitution is being violated only in Tompkins County. 135 June 5, 2007 Mr. Dennis said while he will support this resolution, he does not think it will be taken up in Washington regardless of what the New York State Senate does. He addressed the question of whether Tompkins County has the right to talk about national and international issues and said the majority of the County's budget comes from the state and federal government. He thinks this is a lobbying effort and thinks lobbying at the state and federal level is one of the most important things a county government can do. Ms. Robertson read the following statement: "I've been on the fence about this resolution for a long time. I've really been very torn. However, I've been moved by hearing from my neighbors and my constituents, and many members of the public. "I have been persuaded to support this resolution. I believe it is absolutely our job to listen to our constituents, as long as it takes for you to speak to us. That will never be a waste of our time. As for the time we legislators will take to discuss this, it will probably take less than an hour and I'm not concerned about that. "I have no doubt that there is ample reason, already in the public record, to believe that the President and Vice President have committed "high crimes and misdemeanors." Bush and Cheney lied to get us to invade Iraq, and everything that follows is a consequence of those lies. "So far, more than $500 billion has been approved for Iraq. Residents of Tompkins County have paid $169 million of that total out of our own pockets, not even counting all that's been appropriated but not spent. "This is a local issue because the President and Vice President use the costs of war to justify slashing domestic spending. For example: • Housing — Section 8 housing program has been cut almost 80% since the war began. • Home Energy Assistance Program was cut $80 million from last year, and Bush wants another $400 million cut in 2008. • In addition, Bush wants a 40 percent cut to the Weatherization Assistance Program. This program helps low-income households around the country permanently lower their energy, so this program also directly cuts the greenhouse emissions from power plants that cause global warming. • The Even Start Family Literacy Program has been decimated by federal cuts, more than 65% in the last two years. In 2003, there were more than 80 Even Start Programs in NY. This year, only 29 programs left in the whole State. These programs work, and they can have lifelong effects. What happens without such programs? Several states predict their prison population and therefore how many prison cells they'll need in 15 years, by looking at the reading scores of 3rd graders. • During the 1990's there was a lot of federal support for local policing, but that funding has been slashed. The FBI has just released new crime statistics, and the figures are way up for the 2nd year in a row. These results are at least partially because of cuts in federal aid to local police forces. "On the Tompkins County Legislature, we talk often about the effects of State budget cuts and unfunded mandates, and we understand those pretty well. I think we also have to recognize how the money going to Iraq is being taken out of the hands of our children, our seniors, and the working people in Tompkins County. And we absolutely have a right to speak out about that. "I support the many investigations that are now going on in Congress; it's high time we had some truth about this administration. However, we need a special prosecutor to connect the dots, to carry out a coordinated, comprehensive inquiry. There are so many unanswered questions. For example: • I would hope a special prosecutor would find out who put the claim back in the State of the Union speech that Saddam Hussein was trying to get yellowcake uranium from Niger? The CIA had taken it 136 June 5, 2007 out of the speech in Cincinnati in October; who pushed to get it back into the President's speech three months later? • I'd like someone to follow up on Bush's signing statements. The Boston Globe cited more than 750 laws that Bush signed, but added signing statements saying he would not enforce certain parts of those laws. What has he done with those? Has he really not enforced the laws that Congress passed? • I'd like someone to tell us who the NSA has been spying on, in contravention of the FISA law. We know that was illegal but we don't know who the targets have been. "This President loves to say we need to hold people to account. It's time we did just that. As the judge said today in sentencing Scooter Libby in the CIA leak case, "Truth matters. One's station in life does not." "We cannot allow it to be true that, as Nixon believed, if the President does it, it is legal". Mr. Booth read the following statement: "I opposed (and continue to oppose) the Legislature's consideration of this resolution. My constituents did not elect me to the County Legislature to make determinations regarding the potential impeachment of the President and the Vice President of the United States. I do not speak for them regarding this matter. "This resolution is now before us, and I will vote against it. I wish to make a number of points. A) I am a Democrat, and I voted against President Bush in both of the presidential elections in which he sought office. B) If individual members of this Legislature, as well as all other individuals, wish to recommend action by Congress regarding impeachment of the President and/or the Vice President, I urge that they make their views known to members of Congress. C) This resolution should be defeated because the Legislature does not possess the institutional capacity to assess the validity of the matters this resolution addresses. None of the offices of the County Government has any expertise to assess those matters. Equally important, the Legislature has done no assessment or review of the matters covered by the resolution. D) This resolution should be defeated because Congressional action to undertake Impeachment proceedings would remove any possibility that Congress and the President will take any action prior to January 2009 (i.e., when the President will leave office) regarding any number of important issues facing the American people -- e.g., health care, energy use and conservation, education, and immigration reform. If Congress were to follow the course this resolution urges, impeachment proceedings would become a Black Hole in Washington that would swallow all political effort of note and negate any chance for advancement on any number of important fronts. E) This resolution should be defeated because it purports to speak for the people of Tompkins County when in fact it speaks only for those individuals who have signed a particular petition. The Legislature has no information before it to support the conclusion that a majority of the people in this county favor the initiation of impeachment proceedings. Petition signatures representing a tiny fraction of the County's population do not provide the necessary base of information. F) This resolution should be defeated because it states in the baldest, most simplistic terms conclusions about complex matters regarding which numerous factors need to be carefully assessed and weighed before responsible decisions can be made. For example, whether reasonable, defensible conclusions were drawn by the government on the basis of then available information regarding the possibilities that there were weapons of mass destruction in Iraq and whether the federal government dealt 137 June 5, 2007 responsibly with those possibilities require detailed review, as do all the bulleted items in the second Whereas clause. Consider the language in that Whereas clause regarding unlawful spying and invasion of privacy --- presumably connected in part to protections afforded by the Fourth Amendment of the US Constitution against unreasonable searches and seizures. The boundaries of those protections are immensely complex. I estimate that thousands of judicial decisions have wrestled with defining governmental authority in this area. Claims that government is violating the Fourth Amendment's protections are common, but whether that is true given the actual facts in particular cases requires deliberate, careful, balanced assessment. Neither the tone of this resolution nor the claims it makes suggest any awareness that such assessment is both desirable and necessary. "I will vote against this resolution for the above -stated reasons but also for two additional, more important reasons. G) This resolution does not square with the tests applied to Presidents by the American people in times of war and at other times when the nation's safety was in jeopardy. A great deal of history strongly suggests Presidents, in moments of danger, must be allowed considerable leeway in their efforts to protect this country and its citizens. There have been numerous instances in which American Presidents, in trying to protect the country, have done things or said things that at the time, and/or later, appeared to some and/or many to be highly manipulative, deceptive, misleading, dishonest, immoral, in violation of statutory law, and/or in violation of the federal Constitution. In none of those instances was a President impeached, and all of us here tonight have benefited from that fact. Nothing that I know of the actions of the President and Vice President regarding the current war in Iraq fall outside of, or come close to the limits of, the broad parameters of authority the American people as a whole have assumed their Presidents have, and been willing to have them exercise, in moments of great national danger. I offer several relevant examples: President Lincoln made clear during the Civil War that he was willing to interpret the Constitution broadly in doing what he saw as necessary to permit the nation to survive and that he was unwilling to allow a close reading of the law to prevent him from undertaking those necessary actions. Among other things, he suspended the Writ of Habeus Corpus in much of the country and allowed the imprisonment of thousands of persons thought to be dangerous to the country's well-being. He also permitted some of his assistants and political allies to do whatever they thought necessary, apparently including paying bribes, to acquire the necessary votes in Congress to begin the process of adopting the Thirteenth Amendment to the Constitution (i.e., the amendment that abolished slavery). After World War I began in 1914 without participation by this country, President Wilson took various steps to encourage the warring nations to settle their differences, but he also took a variety of steps to help the United States prepare itself militarily because he recognized this country might eventually be drawn into that war. Wilson ran for re-election in 1916 largely on the basis of the slogan "He kept us out of war." However, shortly after that election returned him to the White House and after certain actions by the German government, he aggressively led the nation into that war. After World War II began in 1939 without this country's participation, Franklin Roosevelt understood that if Britain fell to the Nazi onslaught this country would be gravely threatened. American law at that time did not permit the US to directly provide military aid to Britain. Nevertheless, for more than two years FDR skirted the nation's legal mandates in order to provide as much military assistance as he could to Churchill's British government. FDR understood that eventually the US would be drawn into WWII. Facing enormous public opposition to this country's entering that war, he ran for an unprecedented third term in 1940, in large part on the basis that he had kept this country out of that war. Famously, during the 1940 campaign he stated: "I have said this before, but I shall say it again and again. Your boys are not going to be sent into any 138 June 5, 2007 foreign wars." He understood that this nation's involvement in that war was necessary if the world as we know were to survive. In an egregiously unconstitutional action, FDR authorized the internment of more than 100,000 Japanese Americans for most of the Second World War. Without informing the American people in any way and without informing Congress at least as a body, FDR committed immense national resources to the development of nuclear weapons; and President Truman, again with no effort to inform this country's citizens, decided to drop two atomic bombs on Japan. Lyndon Johnson misled the American people on numerous levels regarding the issues faced in the Vietnam War and the manner in which the United States pursued a military resolution of that conflict. For those who may be keeping count, I should point out that with the exception of President Lincoln all of the Presidents mentioned above were Democrats. I am not arguing that all of these statements/actions by American Presidents in time of danger were correct or defensible or necessary or honest or anything else. I am arguing that the resolution suggests conclusions that seriously conflict with the manner in which this country has dealt with the exercise of Presidential power in time of war or other grave national danger. For this reason I will vote against it. H) Finally, impeachment is not the proper means for dealing with alleged Presidential misconduct during times of war or other national emergency (or I should say it is not the proper means to deal with conduct similar to that taken by this or past Presidents during dangerous circumstances). If the American people do not agree with the manner in which a President has dealt with a national emergency, then he should be voted out of office, and/or his party's Presidential candidate should be defeated in the next Presidential election, and/or Congress should not continue to provide funding for whatever course of action the President has chosen. "I state this point in light of the historical record to which I have referred. Far more importantly, I state it because of the exceptionally difficult, and often horrendous, choices Presidents make, and in many cases must make in time of national danger. At those times the American people expect their Presidents to do what they and their advisors determine is necessary to keep the country safe. When the nation's safety is assured, there will be sufficient time, in hindsight, to wrestle out the rights and wrongs of what should or should not have been done, and then to take whatever corrective actions are deemed necessary. No President trying to determine how to protect this nation from serious threats and acting within the broad parameters in which past Presidents have acted, and been permitted to act, should have to worry about the possibility impeachment. "I will vote against this resolution. Thank you." Ms. Herrera said she will support the resolution. Mr. Stevenson spoke of the local impact of this resolution. He said during his election campaign one of the issues of concern he heard was debating national issues at the local level. At that time he told his constituents that he did not support debating issues of national focus at the County level and he has been reminded of what was discussed at that time; therefore, he will not support the resolution. Mr. Sigler recommended that if those who spoke this evening feel strongly in the content of the resolution they should contact their representatives in the United States Congress. In addition to agreeing with comments made by Legislator Booth, he said he views this resolution as an effort to throw out the results of the last Presidential election and does not think that is democratic. 139 June 5, 2007 Mr. Randall stated that while he appreciates the passion and convictions of the persons speaking this evening, he too, is passionate about his convictions. While he agrees that war is a bad thing and everyone loses, he does not think voting on this resolution is within this Legislature's purview. He stated he did not receive one phone call or communication from his constituents in support of this resolution and the time spent debating this could have been better spent on County business. Mr. Hattery stated he does not think this type of resolution belongs under debate by the County Legislature. Secondly, he sees a call for impeachment as a method by which to try to stop the war and thinks it would have been more genuine to bring a resolution asking for the war to end rather than calling for impeachment. Mr. Hattery said it is becoming a popular strategy to criminalize the policies and actions of those who are in power and disagreed with. While it may be easy to make these claims, he thinks its destructive and disingenuous. In contrast to the speakers this evening, Mr. Hattery said he thinks the American people are the greatest repository of maintaining our constitutional liberty and at this particular point in time, an Administration that is willing to pursue the war on terror is also a very important element in maintaining our constitutional liberties. Mr. Shinagawa said regardless of the number of people who came to him with an issue of concern he believes it is his responsibility as a public servant to listen. With regard to the resolution under consideration, he has examined the issue and is supportive for many reasons. He thinks it's an important matter of historical record that this County Legislature was willing to look into this. He noted this resolution calls only for a subcommittee to be created to investigate. Mr. Proto said one of the reasons he wanted this resolution to remain at the end of the agenda was to allow an opportunity for the public in attendance to observe the business this Legislature conducts at these meetings. Mr. Proto said he views the "seed" of this resolution to be the Iraq war. He also said he has a nephew who is a Marine Captain and is on his second tour in Iraq and the information his nephew has been permitted to share shows the support the Iraqi people have for what the United States is doing. Mr. Proto said there is no one who hates war worse than a soldier. He said while his constituents are concerned about what is going on in Iraq, the concern is about whether or not U.S. troops should be there. He said he will not support this resolution because it is an inappropriate way to resolve the problem. He urged everyone who signed the petition that was submitted on this matter to personally write a letter to their United States representatives. It was MOVED by Ms. Herrera, seconded by Mr. Koplinka-Loehr, to CALL THE QUESTION. A voice vote on calling the question resulted as follows: Ayes — 13, Noes — 2 (Legislators Robertson and Sigler). THE QUESTION WAS CALLED. A roll call vote on the resolution resulted as follows: Ayes — 9 (Legislators Dennis, Herrera, Joseph, Kiefer, Koplinka-Loehr, Mackesey, McBean-Clairborne, Robertson, and Shinagawa); Noes — 6 (Legislators Booth, Hattery, Proto, Randall, Sigler, and Stevenson). RESOLUTION ADOPTED. WHEREAS, substantial evidence has been gathered that indicates that President George W. Bush and Vice President Richard Cheney have committed high crimes and misdemeanors, and WHEREAS, said high crimes and misdemeanors may include, but are not limited to the President and Vice President: • Misleading Congress and the American people regarding Iraq's weapons of mass destruction • Misleading Congress and the nation about ties between Iraq and al Quaeda • Using these falsehoods to lead our nation into a war in contravention of United States and international law • Authorizing the unlawful use of torture and extraordinary rendition • Engaging in unlawful spying on American citizens and otherwise violating citizens' right to privacy 140 June 5, 2007 • Declaring their intention to disregard their constitutional duty to faithfully execute the laws of the United States, and WHEREAS, the results of some of the above -listed actions include severe damage to the international reputation of the United States as an upholder of civil liberties, democracy, treaties, and our Constitution, as well as a ballooning of United States debt and concomitant loss to local governments of Federal financial support for local and national human services, education, and infrastructure programs, shifting costs to local property tax payers, and WHEREAS, Congress has begun the process of holding hearings to examine several of these charges, and WHEREAS, the Rules of the House of Representatives call for the referral of possible articles of impeachment to the Judiciary Committee for investigation, and WHEREAS, in excess of 2,600 residents of Tompkins County, New York, desire a full and comprehensive review of these charges in an orderly fashion, now therefore be it RESOLVED, That the Tompkins County Legislature strongly urges Members of the New York State Legislature who represent Tompkins County to work to have the New York State Assembly and/or New York State Senate similarly request on our behalf that Congress appropriately and formally investigate such charges as to whether they warrant impeachment, RESOLVED, further, That the Tompkins County Legislature strongly urges Members of Congress who represent Tompkins County be strongly urged to support the formation of an appropriate sub -committee to investigate and review said charges and that such support be evidenced by a written request to that effect addressed to the Speaker of the House, RESOLVED, further, That copies of this resolution be delivered to Congresspersons Maurice Hinchey, Michael Arcuri, and Randall Kuhl; Senators Charles E. Schumer and Hillary Rodham Clinton; Senator Joseph Bruno, Senator Malcolm Smith; Assemblyman Sheldon Silver, Assemblyman James Tedisco; Senator James Seward; Senator Michael Nozzolio, Senator George Winner; Assemblywoman Barbara Lifton, and the media. SEQR ACTION: TYPE II -20 Privilege of the Floor by Legislators Mr. Dennis, District No. 15 Legislator, commended Senator Nozzolio and Assemblywoman Lifton because they have become involved in the issue of trucks going through Tompkins County and other counties around Cayuga Lake en route to the Seneca Meadows Landfill. Mr. Dennis said these State representatives are looking at ways to make it easier for these trucks to get onto the Interstate. Mr. Shinagawa, District No. 4 Legislator, reported the New York City Comptroller wrote an analysis entitled "Love Counts — The Economic Benefits of Marriage Equality for New York", in which he states that he estimates 56,000 people would travel from out -of -State to marry in New York State if there was marriage equality in New York State. Since the State requires a minimum of 24 hours between the issuance of a marriage license and a ceremony most of the couples would stay over night or make two day trips. Mr. Shinagawa also highlighted the positive economic impact this could have on the State. Mr. Shinagawa also reported Governor Spitzer and lawmakers have been negotiating for several weeks about reviving a law that speeds approval for power plants by overriding local ordinances. This is known as Article X and expired in January, 2003. Mr. Shinagawa also announced he has launched a web page: w w.nathanshinagawa.org. Mr. Hattery, District No. 14 Legislator, announced Dryden Dairy Day will be held on Saturday, June 9th. The theme this year is "Hey, Hey, it's Dairy Day". Mrs. McBean-Clairborne, District No. 2 Legislator, announced the annual GIAC Festival will take place on Saturday, June 9th. The theme for this event is "35 and still alive". She stated GIAC tries to support small, cottage industry -type businesses. If anyone knows someone who works out of their home 141 June 5, 2007 and cannot afford to have a vending booth at the Festival have them contact GIAC. Mrs. McBean- Clairborne also announced the Juneteenth celebration will not be taking place in Tompkins County until June 23rd, it will be happening in several other areas the weekend of June 16th. She said this celebration is the oldest known celebration of the final emancipation of slaves. Mr. Koplinka-Loehr, District No. 11 Legislator, reported that last week the Tompkins County Diversity Consortium sponsored a roundtable at the Clarion. He said over 120 people were in attendance at the event and he has copies of information if anyone is interested. Presentation — Aquifer Study Program At this time Kate Hackett of the Planning Department and Todd Miller of the United States Geological Survey presented the Legislature with a presentation on the Aquifer Study Program. During the presentation it was explained that the purpose of the program is to: ■ Gain better understanding of groundwater resources ■ Develop more comprehensive approach to water resources management ■ Protect current and future drinking water supplies ■ Ensure adequate water supplies to support development ■ Develop appropriate protection measures Current efforts include: •Upper Six Mile Creek/Willseyville Creek — 8 -year program (County participation started in 2002) — Partners: Town of Caroline, City of Ithaca, Tompkins County, USGS — $420,000 total program cost — County contribution=$13 7, 8 5 5 •Virgil Creek — 5 -year program (County participation started in 2002) — Partners: Town of Dryden, Tompkins County, USGS — $432,000 total program cost — County contribution=$139,454 •Upper Buttermilk Creek — 4 -year program (initiated in 2006) — Partners: Town of Danby, Tompkins County, USGS, Senator Seward — $265,000 total program cost — County contribution=$99,127 The next steps are to: •Initiate new study in late 2007/early 2008 •Work with municipalities to integrate results into local decision-making processes •Develop list of potential funding sources Presentation of Resolution from the Public Safety Committee RESOLUTION NO. 89 — APPROPRIATION FROM CONTINGENT FUND — REENTRY INITIATIVE PROGRAM — OFFENDER AID AND RESTORATION MOVED by Mrs. McBean-Clairborne, seconded by Ms. Robertson. 142 June 5, 2007 Mr. Proto asked who would serve on the Re -Entry Advisory Committee. Ms. Dietrich, Director of OAR, responded the Committee has already begun meeting, and it will include representatives of the Departments of Probation and Community Justice, Social Services, Sheriff, Mental Health, Community Dispute Resolution Center, and the faith -based community. Mr. Sigler raised the question of whether this is a pilot program and was told that this will be operated on a pilot -program basis with statistics being gathered. A request may or may not come at a later point in time for permanent funding. He also asked how this is different from the work currently performed by the Department of Probation and Community Justice. Ms. Dietrich explained that the individuals involved in this program have completed their sentences and are not under any jurisdiction of the Probation Department (i.e,. they are not on Probation). Mr. Hattery said he supports the Re -Entry Program but would have preferred this funding request come from a County department rather than directly from an outside agency. A short roll call vote resulted as follows: Ayes — 14, Noes — 1 (Legislator Hattery). RESOLUTION ADOPTED. WHEREAS, Offender Aid and Restoration (OAR), in conjunction with the Department of Social Services and the Sheriffs Office, as part of the "Criminal Justice/Alternatives to Incarceration 2007 Strategic Action Plan", has developed a pilot program known as the Reentry Initiative, where OAR staff will work in conjunction with the Jail Coordinator and individual inmates at the Tompkins County Jail to develop an "action plan" comprised of pre-release planning modules and enrollment in post -release, community-based programs, and WHEREAS, inmate participation, which is voluntary, has exceeded initial projections, and WHEREAS, this program is expected to grow over the next year and result in both successful reentry and reduced recidivism, thus saving the county tax dollars, and WHEREAS, an additional $28,715 would result in the following: • Hiring a Client Service Worker with more case coordination experience to support this initiative. • Providing necessary training to meet this initiative's needs. • Developing an Emergency Client Flex Fund, because in past experience, OAR has found that relatively small expenditures on vital necessities have profound impacts on a successful transition back to the community. Expenditures such as recognized forms of identification (birth certificates, Sheriffs Ids), bedding and clothing, and emergency transportation can optimize a client's chance to successfully reenter the community. WHEREAS, OAR will provide a thorough evaluation tied to initial performance measures of this initial stage of the re-entry initiative prior to the 2008 County budget cycle, WHEREAS, the Public Safety Committee has charged the Criminal Justice Advisory/Alternatives to Incarceration Board with review of the OAR proposal to ensure its consistent with the overall CJA/ATI Strategic Action Plan, now therefore be it RESOLVED, on recommendation of the Public Safety and the Budget and Capital Committees, That the Director of Finance be authorized to make the following budget appropriation: FROM: A1990.54400 Contingent Fund (targeted for Jail Overcrowding) $28,715 TO: A6316.54400 Program Expense $28,715 SEQR ACTION: TYPE II -20 Recess Mr. Joseph declared recess from 7:39 p.m. to 7:50 pm. Chair's Report Mr. Joseph said the Dragon Boat Race will take place in July and he has issued a challenge from the County to the City of Ithaca to see if they would like to accept the challenge and try to reclaim the Dragon. 143 June 5, 2007 Mr. Joseph reported he has received an invitation from the Governor's Office of Intergovernmental Affairs to attend a meeting in Albany on July 11th of local government leaders to talk about what concerns there are. Mr. Joseph said Legislators should let him know if there are any issues they wish for him to raise at that meeting. Appointment of Search Committee Mr. Joseph appointed Legislator Dennis to lead a search committee for the position of County Administrator, and has directed Mr. Dennis to appoint members. A charge that sets parameters has been included in Legislators' folders this evening. Report from the County Administrator Mr. Whicher reported he spoke in Batavia on behalf of the Tompkins County Council of Governments on the shared -services program and also the health insurance program. He said he was proud of what Tompkins County had to share with everyone at that meeting and once again the County was in a leadership position. Report from the County Attorney Mr. Wood had no report. Report from the Finance Director Mr. Squires reported tomorrow evening there will be an auction preview of a small inventory of properties that will be included in the June 12 foreclosure auction. 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. Herrera, seconded by Mr. Koplinka-Loehr, and unanimously adopted by voice vote, to approve the following resolution(s) under the Consent Agenda: RESOLUTION NO. 90 - AUTHORIZING A CONSULTANT AGREEMENT WITH C&S ENGINEERS, INC., FOR DESIGN OF RUNWAY SAFETY AREA IMPROVEMENTS — ITHACA TOMPKINS REGIONAL AIRPORT MOVED by Ms. Herrera, seconded by Mr. Koplinka-Loehr, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, the Federal Aviation Administration (FAA) has determined that the Runway Safety Area (RSA) at the departure end of Runway 14 does not meet safety standards requiring a minimum RSA length of one -thousand feet, and must be modified accordingly, and WHEREAS, in order to avoid a loss of operational runway, a section of pavement measuring three -hundred and ninety-two feet must be added to the arrival end of Runway 14, and WHEREAS, the airport's engineering consultant, C&S Engineers, Inc., of Syracuse, New York, has proposed designing the RSA improvements for a fee not to exceed $249,955, and 144 June 5, 2007 WHEREAS, the budget for said runway safety improvement construction project, scheduled for 2008, is expected to be approximately $3,000,000, and WHEREAS, the budget for the RSA design project is as follows: FAA Share (95.0%) $237,457 New York State Department of Transportation (NYSDOT) Share (2.5%) $ 6,249 Local Share (2.5%) $ 6,249 Total $249,955 , now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the agreement with C&S Engineers, Inc., for $249,955 be and hereby is approved, subject to FAA and NYSDOT grants being approved, and subject to an Independent Fee Estimate (IFE) confirming the fee is fair, RESOLVED, further, That the local share of $6,249 will come from the airport's operational budget, RESOLVED, further, That the County Administrator is authorized to execute the required documents and the Finance Director is authorized to advance payment for these services until reimbursement is received from the FAA and NYSDOT. SEQR ACTION: TYPE II - 7 RESOLUTION NO. 91 - AUTHORIZING A CONSULTANT AGREEMENT WITH C&S ENGINEERS, INC., FOR DESIGN OF SECURITY IMPROVEMENTS - ITHACA TOMPKINS REGIONAL AIRPORT MOVED by Ms. Herrera, seconded by Mr. Koplinka-Loehr, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, the airport's identification (ID) access control card system needs to be upgraded to bring it in line with today's security needs, and WHEREAS, there is also a need for a series of closed-circuit television (CCTV) cameras to improve airport surveillance, and WHEREAS, there is a desire to include all security equipment on a standby generator system in the event of a power failure, and WHEREAS, the cost of the Security Improvement project, including the standby generator is expected to be approximately $ 550,000, and WHEREAS, the airport's engineering consultant, C&S Engineers, Inc., of Syracuse, New York, has proposed designing the replacement security system for a fee not to exceed $54,345, with the funding for said design project being as follows: FAA Share (95.0%) $51,627 New York State Department of Transportation (NYSDOT) Share (2.5%) $ 1,359 Local Share (2.5%) $ 1,359 Total $54,345 , now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the agreement with C&S Engineers, Inc., for $54,345 be and hereby is approved, subject to FAA and NYSDOT grants being approved, RESOLVED, further, That the local share of $1,359 will come from the airport's operational budget, RESOLVED, further, That the County Administrator is authorized to execute the required documents and the Finance Director is authorized to advance payment for these services until reimbursement is received from the FAA and NYSDOT. SEQR ACTION: TYPE II - 2 145 June 5, 2007 RESOLUTION NO. 92 - AUTHORIZING A CONSULTANT AGREEMENT WITH C&S ENGINEERS, INC., FOR DESIGN OF THE TERMINAL ROAD SYSTEM REHABILITATION - ITHACA TOMPKINS REGIONAL AIRPORT MOVED by Ms. Herrera, seconded by Mr. Koplinka-Loehr, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, the airport's terminal road system with five concrete walkways is thirteen years old and is in need of significant rehabilitation, and WHEREAS, the airport's engineering consultants, C&S Engineers of Syracuse, New York. have proposed designing said rehabilitation project for an amount not to exceed $49,220.00, and WHEREAS, the budget for the terminal road rehabilitation is as follows: Federal Aviation Administration (FAA) (95.0%) $475,000 New York Department of Transportation (NYSDOT) ( 2.5%) $ 12,500 Local ( 2.5%) $ 12,500 Total $500,000 and WHEREAS, the local share of $12,500 will come from the airport's operational budget, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That C&S Engineers, Inc., be awarded the contract to design the terminal roadway rehabilitation project, subject to the FAA and NYSDOT grants being approved, RESOLVED, further, That the County Administrator be and hereby is authorized to execute the required contract documents. SEQR ACTION: TYPE II - 2 RESOLUTION NO. 93 - AUTHORIZING A CONSULTANT AGREEMENT WITH C&S ENGINEERS, INC., FOR DESIGN AND CONSTRUCTION ADMINISTRATION TO REPLACE THE TERMINAL FIRE ALARM SYSTEM AT THE ITHACA TOMPKINS REGIONAL AIRPORT MOVED by Ms. Herrera, seconded by Mr. Koplinka-Loehr, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, the Fire Alarm System in the airport terminal building has become increasingly difficult to maintain due to a scarcity of spare parts, and WHEREAS, the airport's engineering consultants, C&S Engineers of Syracuse, New York, have proposed designing and overseeing construction of said replacement system for an amount not to exceed $9,684.00, and WHEREAS, the airport has secured a grant from the New York State Department of Transportation (NYSDOT) through the "AIR 99" program to help pay for the replacement fire alarm system, and WHEREAS, the budget for said replacement system is as follows: NYSDOT (80.0%) $ 80,000 Local Share (20.0%) $ 20,000 Total $100,000 , and WHEREAS, the local share of $20,000 will come from the airport's operational budget, and WHEREAS, on December 19, 2006, through Resolution No. 226, the Legislature did accept the NYSDOT "AIR 99" grant for $80,000, now therefore be it 146 June 5, 2007 RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That C&S Engineers, Inc., be awarded the contract to design and oversee the construction of the replacement fire alarm system for an amount not to exceed $9,684.00, RESOLVED, further, That the County Administrator be and hereby is authorized to execute the required contract documents. SEQR ACTION: TYPE II - 2 RESOLUTION NO. 94 - AUTHORIZING A CONSULTANT AGREEMENT WITH C&S ENGINEERS, INC., TO DESIGN THE REHABILITATION OF THE TERMINAL PARKING LOTS AND ENTRANCE/EXIT ROADWAYS — ITHACA TOMPKINS REGIONAL AIRPORT MOVED by Ms. Herrera, seconded by Mr. Koplinka-Loehr, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, the entrances and exit of the airport's public parking lots, are in need of rehabilitation, and WHEREAS, the parking lots themselves also have areas that need rehabilitation, including crack filling and sealing, and WHEREAS, the airport's engineering consultants, C&S Engineers of Syracuse, New York, have proposed designing said rehabilitation project for an amount not to exceed $39,761, and WHEREAS, the airport has secured a grant from the New York State Department of Transportation (NYSDOT) through the "AIR 99" program to help pay for the rehabilitation project, and WHEREAS, the budget for said rehabilitation project is as follows: NYSDOT (80.0%) $300,000 Local Share (20.0%) $ 75,000 Total $375,000 , and WHEREAS, the local share of $75,000 will come from the airport's operational budget, and WHEREAS, on April 17, 2007, through Resolution No. 61, the Legislature did accept the NYSDOT "AIR 99" grant for $ 300,000, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That C&S Engineers, Inc., be awarded the contract to design the rehabilitation project for an amount not to exceed $39,761.00, RESOLVED, further, That the County Administrator be and hereby is authorized to execute the required contract documents. SEQR ACTION: TYPE II - 2 RESOLUTION NO. 95 - AUTHORIZATION TO ACCEPT 2006-2007 SNOWMOBILE TRAILS GRANT-IN-AID MOVED by Ms. Herrera, seconded by Mr. Koplinka-Loehr, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, the New York State Office of Parks, Recreation, and Historic Preservation administers a grant program to encourage local snowmobile club stewardship and development of snowmobile trails in the state, and WHEREAS, in order to be eligible for this grant program, a local municipality must agree to sponsor the application and administer the program, which the Tompkins County Planning Department has done for local snowmobile clubs since 1998, and WHEREAS, five snowmobile clubs are proposing to maintain 106 miles of trails that have previously been funded by this program for snowmobile use in Tompkins County, and as part of the grant 147 June 5, 2007 application, each club prepared a three-year maintenance and capital project plan which has been compiled for a master application, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That Tompkins County hereby accepts the 2006-2007 Snowmobile Trails Grant -In -Aid funds in the amount of $15,300, RESOLVED, further, That the County Administrator or his designee be authorized to execute any contracts related to this project. SEQR ACTION: TYPE II -1 RESOLUTION NO. 96 - ACCEPTANCE OF A SCENIC BYWAYS GRANT FROM THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION TO IMPLEMENT THE CAYUGA LAKE SCENIC BYWAY CORRIDOR MANAGEMENT PLAN - 2006 MOVED by Ms. Herrera, seconded by Mr. Koplinka-Loehr, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, the New York State Department of Transportation (NYSDOT) has awarded grant funds to implement the Cayuga Lake Scenic Byway Corridor Management Plan, and WHEREAS, the grant funds will be used to develop educational information for visitors about the water resources of Cayuga Lake, and WHEREAS, the grant requires a local sponsor for the grant, and WHEREAS, Cayuga Lake Scenic Byway, Inc., a not-for-profit corporation of New York State, has requested Tompkins County to act as local sponsor of the grant, and WHEREAS, the Cayuga Lake Watershed Network is prepared to undertake the work required to develop the educational information, and WHEREAS, the Department of Planning is prepared to work with Cayuga Lake Scenic Byway, Inc., and the Cayuga Lake Watershed Network to manage this program, and WHEREAS, Cayuga Lake Scenic Byway, Inc., and the Cayuga Lake Watershed Network are prepared to provide the required match for the grant, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the County hereby agrees to act as local sponsor for the grant, RESOLVED, further, That the County hereby accepts the NYSDOT Scenic Byway grant in the amount of $21,700, RESOLVED, further, That the Director of Finance is authorized to make the following adjustments to the 2007 Budget: Revenue: 8027.43959 State Aid Planning $21,700 TOTAL REVENUES $21,700 Appropriation: 8027.54400 Program Expense $21,700 TOTAL EXPENDITURES $21,700 RESOLVED, further, That the County Administrator or his designee be authorized to execute multi-year contracts with Cayuga Lake Scenic Byway, Inc., and the Cayuga Lake Watershed Network for the purposes of managing the grant project, RESOLVED, further, That the County Administrator or his designee be authorized to execute any other contracts related to this project. SEQR ACTION: TYPE II — 18 RESOLUTION NO. 97 - AUTHORIZATION TO CONTINUE THE HOMEOWNERSHIP PROGRAM THROUGH USE OF PROGRAM INCOME FUNDS 148 June 5, 2007 MOVED by Ms. Herrera, seconded by Mr. Koplinka-Loehr, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, the County received Small Cities Community Development Block Grant (CDBG) funds from the United States Department of Housing and Urban Development (HUD) administered by New York State in 1993, 1994, 1996, 1997, 1998, 1999, 2000, 2002 and 2005 for the purpose of continuing its successful existing home mortgage program for first-time homeowners, and WHEREAS, the County operates a homeownership program that serves low -to -moderate first- time homebuyers, and WHEREAS, the County operates through the provision of financing on which payment is deferred for five years, and WHEREAS, the County repayment on these monies began in September 1995 and, under the rules of HUD Small Cities Program, these program income funds must be respent for like purposes as the original grants, and WHEREAS, these funds will assist up to twenty families in Tompkins County to become first- time homeowners, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the County hereby authorizes the use of Small Cities CDBG Program Income funds in the amount of $600,000, RESOLVED, further, That the County Administrator be authorized to execute any contracts related to this project, RESOLVED, further, That the Director of Finance is authorized to make the following budget adjustment: Revenue Appropriation Revenue Appropriation SEQR ACTION: TYPE II -20 CD8688.44959 CD8688.54400 CD8695.44959 CD8695.54400 Federal Aid Program Expense Federal Aid Program Expense $150,000 $150,000 $450,000 $450,000 RESOLUTION NO. 98 - IN RECOGNITION OF TOMPKINS COUNTY HOMEOWNERSHIP PROGRAM HELPING 250 LOW AND MODERATE INCOME FIRST- TIME HOMEOWNERS TO PURCHASE HOUSES MOVED by Ms. Herrera, seconded by Mr. Koplinka-Loehr, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, the Tompkins County Homeownership Program is funded by United States Department of Housing and Urban Development and the Governor's Office for Small Cities Community Development Block Grants awarded to Tompkins County, and WHEREAS, Better Housing for Tompkins County has delivered the homeownership program since its inception in 1993, providing educational workshops, one-on-one financial counseling, and down payment assistance in the form of a grant or low-interest loan to first-time homebuyers below eighty percent of median family income in Tompkins County, and WHEREAS, the program has loaned $4.6 million in mortgage funds and leveraged $14.1 million from local mortgage lenders, and WHEREAS, loan repayments have generated $2 million in program income, and WHEREAS, the program is extremely successful with a foreclosure rate less than three percent of program participants compared to a rate in excess of twelve percent for homeownership programs nationwide, and th WHEREAS, the 250 client to purchase a home with assistance through the Tompkins County Homeownership Program occurred on April 30, 2007, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the Tompkins County Legislature commends Better Housing for Tompkins County for 149 June 5, 2007 its accomplishments and congratulates Better Housing for Tompkins County on assisting 250 participants to become first-time homebuyers in Tompkins County, RESOLVED, further, That the Tompkins County Legislature commends Tompkins County Planning Department for their continued support and administration of the Tompkins County Homeownership Program. SEQR ACTION: TYPE II -20 RESOLUTION NO. 99 - BUDGET ADJUSTMENT — PLANNING DEPARTMENT MOVED by Ms. Herrera, seconded by Mr. Koplinka-Loehr, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, pursuant to Administrative Manual Policy 05-02, budget adjustments exceeding $5,000 require Legislative approval, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the Director of Finance be directed to make the following budget adjustments on his books: Planning Revenue Acct Title Amt Approp Acct Title(s) A8027.43959 State Aid Planning $34,916 A8027.54400 Program Expense A8027.42770 Other Miscellaneous Revenues $ 5,829 A8027.54400 Program Expense A8027.43959 State Aid Planning $ 8,000 A8027.54400 Program Expense Explanation: Source of Revenues is a 2005 Scenic Byways grant already accepted by the County. Funding will be used to construct 1-2 kiosks along the Scenic Byway. Source of Revenues is funding from the Cayuga Lake Scenic Byway that will serve as match for the kiosk construction project. Source of Revenues is a 2004 Scenic Byways grant already accepted by the County. Funding will be used for promotional materials. SEQR ACTION: TYPE II -20 RESOLUTION NO. 100 — AUTHORIZATION FOR PUBLIC HEARING — TOMPKINS CORTLAND COMMUNITY COLLEGE OPERATING BUDGET 2007-2008 MOVED by Ms. Herrera, seconded by Mr. Koplinka-Loehr, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, Tompkins Cortland Community College is a joint enterprise of Tompkins County and Cortland County whose budgets must be acted on by each county, now therefore be it RESOLVED, on recommendation of the Budget and Capital Committee, That a public hearing be held on June 19, 2007, at 5:30 o'clock in the evening thereof in the Legislature's Chambers of the Tompkins County Courthouse, 320 North Tioga Street, Ithaca, New York, concerning the 2007-2008 operating budget request for Tompkins Cortland Community College. At such time and place all persons interested in the subject matter will be heard concerning the same, RESOLVED, further, That the Clerk of the Legislature be and hereby is directed to place such notice of public hearing in the official newspaper of Tompkins County. SEQR ACTION: TYPE II -20 Approval of Appointment Under the Consent Agenda It was MOVED by Ms. Herrera, seconded by Mr. Koplinka-Loehr, and unanimously adopted by voice vote to approve the following appointment(s): 150 June 5, 2007 STOP -DWI Advisory Board Chuck Bartosch — At -large representative; term expires 12/31/09 Advisory Board on Indigent Representation Abigail DeLoache — term expires 12/31/09 Report from the Facilities and Infrastructure Committee Ms. Herrera, Chair, reported at the last meeting on May 22nd she let the Committee know that Mr. Joseph's directive to the Committee regarding Flow Control was referred to Barbara Eckstrom, Solid Waste Manager, Mr. Wood, County Attorney, and Mr. Squires, Finance Director, to provide legal and financial input to the Committee. They were also asked to provide information as to the applicability of the Oneida -Herkimer decision regarding flow control and the implications flow control would have for Tompkins County and its Solid Waste Program. At the last meeting the Committee also discussed the County/Cornell Working group as interest was expressed by Cornell University in collaborating with the County on proposed improvements mentioned in the Cornell University Master Plan, specifically gateways into the university from Pine Tree and Ellis Hollow Roads. Ms. Herrera also reported on the Sustainability Team and said Mr. Marx reported that the team met in early May and continues to work on projects in the areas of focus, including the Solid Waste Reduction policy and an Environmentally Preferable Purchasing Programming that will be coming forward. Lastly, Ms. Herrera spoke of the Renewable Energy Certificate and said Mr. LeMaro, Director of Facilities, reported on the purchase of 390,000 kilowatt hours of wind energy in the first year of the five-year contract with Community Energy. Report from the Personnel Committee Mr. Dennis, Chairman, thanked Mr. Joseph for entrusting him with Chairing and appointing members of the County Administrator Search Committee. He said there is sufficient time to have a well - thought out process that will satisfy the charge outlined by Mr. Joseph. He encouraged Legislators to submit names for members to serve on the selection committee. Mr. Dennis said C.S.E.A. has written a letter asking for negotiations to begin for White Collar and Blue Collar employees prior to the expiration of those contracts at the end of the year. He also reported negotiations continue for the Road Patrol. Report from the Government Operations Committee Mr. Stevenson, Chair, reported the Committee has not met since the last Legislature meeting. The next meeting will be June 8th at 2 p.m. Report from the Planning, Development and Environmental Quality Committee Ms. Robertson, Chair, reported the Committee has not met since the last Legislature meeting. She also announced the Homeownership Program will celebrate its 250th family that has been able to purchase a home through the program on June 8th. The next meeting will be June 11th at 3:30 p.m. at the Sciencenter. Report and Presentation of Resolution(s) from the Budget and Capital Committee Mr. Koplinka-Loehr, Chair, announced the June 11 meeting has been cancelled. A brief meeting will take place prior to the June 19 Legislature meeting. At the last Committee meeting on May 29th the Committee passed an amendment to the Capital budget of the TC3 Master Plan and noticed there was a different interpretation in what the TC3 Board was calling "holding harmless" if the County were to 151 June 5, 2007 extend under cash flow for debt service than what the County considered "holding harmless" meant. Mr. Squires is looking into this with TC3 and will be reporting back to the Committee. Mr. Koplinka-Loehr said the Committee is also recommending that the County not take part in the Medicaid/Sales Tax Swap. A full presentation will come before the full Legislature on this in July. A subcommittee is also being set up regarding reviewing revenue options and cost saving strategy that is being reviewed by department heads and will come back to the Committee. RESOLUTION NO. 101— ESTABLISHMENT OF 2008 COUNTY FINANCIAL GOALS MOVED by Mr. Koplinka-Loehr, seconded by Ms. Herrera. Ms. Herrera said although this resolution contains a tax levy increase of two percent, this is more than some were agreeable to at the onset of the process. She said even though she believes there are valid reasons for going after a zero percent budget, there is sufficient reason to believe a budget at that level would not pass this Legislature. She said recognizing that, she decided to bring forward a goal because she believes it is important to set parameters, provide leadership and direction, as well as set the tone of the discussions that will take place. Mr. Proto asked if a presentation and/or recommendation would be provided to the Legislature about retirees and related proposals. Mr. Dennis said Legislators will soon be receiving information on both of the issues of retirees and employee health and prescription costs. Mr. Booth said he voted in favor of this resolution at the Committee level, however, he is concerned that it may be extremely difficult to get to the goal stated in the resolution. It was MOVED by Mr. Booth, seconded by Mr. Dennis, to change the numbers to a 3.6 percent (3.6%) tax levy increase, resulting in a two (2) percent tax rate increase. Mr. Shinagawa stated regardless of whether the goal set is 2 or 3.6%, the important thing to keep in mind is that both of these are not the status quo and in fact, both challenge the status quo. When taking into consideration such things as Medicaid mandates, debt service, and salary increases and benefits for employees, it could be much higher than this. He said this amendment shows that this Legislature is committed to not having the status quo and reducing or at least stabilizing possible tax increases. Mr. Dennis spoke to his being referred to as not being in support of establishing a goal and said he believes that the County Administrator and department heads have presented a budget that demonstrates financial restraint in both the tax levy and potential tax increase. While this may help them have a better target, he believes staff is very capable of providing the Legislature with a budget that is workable and could be supported by the Legislature. Mrs. McBean-Clairborne said while she thoroughly trusts the County Administrator and departments, she heard the County Administrator state that he finds it very useful to receive a directive from the Legislature. She said the process that requires justification to place items back into the budget makes it necessary to think strongly about the importance of those items. Mr. Proto said this resolution automatically assumes there will be a tax increase and said he has difficulty supporting that statement. Mr. Joseph said it is possible that the County could end up with no tax rate increase and that establishing a goal at this point -in -time is arbitrary. However, at the budget retreat a compromise was reached on 3.6 percent and he was prepared to support that compromise at the last meeting when this resolution was presented. He said he is still willing to support that compromise this evening but cannot support two percent. 152 June 5, 2007 Ms. Herrera said at the budget retreat she advised her colleagues she was voting to support the 3.6% figure to get something out of the retreat; however, she said at that time she was interested in a lower number. When she was informed a goal was not set at the last meeting when she was not in attendance, she decided to come forward with the goal of two percent because she thinks it is attainable. A voice vote on the amendment resulted as follows: Ayes — 7 (Legislators Booth, Dennis, Joseph, Kiefer, Mackesey, Robertson, and Shinagawa); Noes — 8 (Legislators Hattery, Herrera, Koplinka- Loehr, McBean-Clairborne, Proto, Randall, Stevenson, and Sigler). AMENDMENT FAILED. A voice vote on the original resolution resulted as follows: Ayes — 8 (Legislators Booth, Hattery, Herrera, McBean-Clairborne, Proto, Randall, Shinagawa, and Sigler); Noes — 7 (Legislators Dennis, Joseph, Kiefer, Koplinka-Loehr, Mackesey, Robertson, and Stevenson). RESOUTION ADOPTED. Mr. Shinagawa stated he voted in favor of the resolution by mistake. It was MOVED by Mr. Shinagawa, seconded by Ms. Kiefer, to RECONSIDER the resolution. A voice vote resulted as follows on reconsidering the resolution: Ayes — Legislators 8 (Dennis, Joseph, Kiefer, Koplinka-Loehr, Mackesey, McBean-Clairborne, Robertson, and Shinagawa); Noes - 7 (Legislators Booth, Hattery, Herrera, Proto, Randall, Sigler, and Stevenson). MOTION TO RECONSIDER CARRIED. Ms. Robertson spoke of mandates and recent increases to counties and explained these are items in which there is no local control. She said there will be increases in those mandates in the next year and thinks a two percent goal is way under what the Legislature could achieve without doing serious damage to programs that are of great importance to the residents of Tompkins County. Mr. Shinagawa said he cannot support a goal of two percent because of reasons stated earlier. He also thinks a goal is something that the Legislature should be able to attain, therefore, he cannot support the resolution with a goal of a two percent tax levy. Mr. Proto said this resolution is a guide to the County Administrator and is not "set in stone". He agrees with the statement made earlier by Legislator McBean-Clairborne in that this will make the Legislature conscious of valuing programs under review and either adding or removing items from the budget. Mr. Sigler said regardless of establishing a target, there needs to be something to address the projected decrease of $1,700,000 stated in the resolution. Ms. Mackesey stated after last year's experience she has concluded that there needs to be discipline in the amount of money spent by Tompkins County, however, doing it during the budget process is not the way to go about it. She said there needs to examination of priorities and areas where cuts can be made outside of the budget process. Ms. Kiefer said she does not want to repeat the process that took place last year and having a budget that the County Administrator cannot recommend. She thinks a two percent goal is unattainable. She always expects County departments and the Administrator to do the best they can. A voice vote on the original resolution resulted as follows: Ayes — 8 (Legislators Booth, Hattery, Herrera, McBean-Clairborne, Proto, Randall, Sigler, and Stevenson); Noes — 7 (Legislators Dennis, Joseph, Kiefer, Koplinka-Loehr, Mackesey, Robertson, and Shinagawa). RESOUTION ADOPTED. WHEREAS, Tompkins County, as part of its budget policy and process, wishes 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 a maximum tax levy increase of 2 percent (2%) for 2008 resulting in a .5 percent 153 June 5, 2007 tax rate increase for 2008 and also resulting in a projected decrease of $1,700,000 in locally controlled spending over 2008 projections, RESOLVED, further, That the Legislature use 2008 to begin a process to stabilize the rate of tax levy change, 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. SEQR ACTION: TYPE II -20 Report from the Public Safety Committee Mrs. McBean-Clairborne, Chair, reported the Committee met on May 18th and discussed the resolution adopted earlier this evening concerning the Re -Entry program. The Committee also discussed the electric hybrid vehicles and was assured that Lee Shurtleff, Director of Emergency Response, is looking into training fire and emergency medical personnel in responding to accidents involving these vehicles. The next meeting will be June 15th Report from the Workforce Diversity and Inclusion Committee Mrs. McBean-Clairborne, Chair, reported the Committee is rolling out work of the Committee and on June 14 the Marketing Team will be launching the Diversity Statement Logo to County departments and the public to let everyone know that Tompkins County is actively working to embrace and support diversity cultural change within an organization. The event will take place on the Ithaca Commons at 11:30 a.m. Report from the Health Department Building Committee Mr. Proto, Chair, reported the Committee will meet on June 14th at 3:30 p.m. At that meeting the Committee will be reviewing the remaining sites and making a recommendation to be presented at the June 19 Legislature meeting. Report and Presentation of Resolution(s) from the Health and Human Services Committee Mr. Shinagawa, Chair, reported the Committee met on May 16 and received a presentation about the Education of Preschool Handicapped Children's Program and quoted the following statement from the minutes of that meeting: "Ms. Allinger informed the Committee that the Federal Government auditors have completed their audit of the Children's Preschool Special Education program as it relates to New York State Medicaid within the Department of Education and found what they believe to be Fraudulent Billing Practices within the New York State Education Billing Practices section. As a result of their determination, the Federal government indicated they would like to take -back ten years of Medicaid funding from New York counties and school districts. Following discussions with State -level personnel, a compromise was reached to put a hold on some Medicaid revenues as it relates to speech pathology, counseling, and transportation for special need children. What that means for the County is that the anticipated revenue from these funds was $600,000; approximately $450,000 of this amount is for the specified service areas. The County only learned about the withholding of funds at the time the reimbursement funds were not received and did not include funds for these areas. In addition, the school districts are not receiving reimbursement. Various timeframes for the hold on funds have been provided, with the last indicating the hold was to be for between three to six months. At this time there is no indication of when the hold is lifted." Mr. Shinagawa reported the Committee also received a presentation on the Human Services Coalition Needs Assessment Survey that was done of the 26 different agencies. The Committee also heard about the 2007 Teen Summer Guide to Jobs that can be found on the County's website. The Committee will meet again tomorrow at 3 p.m. 154 June 5, 2007 RESOLUTION NO. 102 — APPROPRIATION FROM CONTINGENT FUND — REPLACEMENT PAY — HEALTH DEPARTMENT MOVED by Mr. Shinagawa, seconded by Mr. Booth. A short roll call vote resulted as follows: Ayes — 15, Noes — 0. RESOLUTION ADOPTED. WHEREAS, the Health Department has an employee out on medical leave for greater than two months in the Community Health Services Division, and WHEREAS, the Fiscal Policy of Tompkins County allows for replacement pay from the Contingent Fund, now therefore be it RESOLVED, on recommendation of the Health and Human Services and Budget and Capital Committees, That the Director of Finance is hereby authorized and directed to make the following budget appropriation: FROM: A1990.54440 Contingent Fund $1,495 TO: A4016.51000513 Account Clerk Typist $1,075 A4016.58800 Fringes $ 420 SEQR ACTION: TYPE II -20 Approval of Minutes of May 15, 2007 It was MOVED by Mr. Proto, seconded by Ms. Mackesey, and unanimously adopted by voice vote to approve the minutes of May 15, 2007 as corrected. Adjournment On motion, the meeting adjourned at 8:55 p.m. 155 June 19, 2007 Regular Meeting Public Hearing — Tompkins Cortland Community College 2007-2008 Operating Budget Chair Joseph called the public hearing to order at 5:30 p.m. concerning the Tompkins Cortland Community College 2007-2008 Operating Budget, and asked if anyone wished to speak. No one wished to speak and the public hearing was closed at 5:31 p.m. Pledge of Allegiance to the Flag and Roll Call of Members Members and guests participated in the Pledge of Allegiance to the Flag. Present: 14 Legislators (Legislator McBean-Clairborne arrived at 6:15 p.m.). Excused: 1 (Legislator Robertson). Privilege of the Floor by the Public Michael Lane, Town of Dryden Resident, spoke strongly in support of moving the Health Department to a central location, preferably within the County seat or along the Route 13 corridor near the County population center. He said that the number of reasons that decided where to build the Human Services Building apply for the Health Department as well. He asked that it be recognized that the cost of land is a small percentage of a project and that it should not be used to sway a decision. Mr. Lane asked that the Legislature consider best services and easiest access to those needing clinics. John Spence, Director of Better Housing of Tompkins County, spoke in support of the resolution entitled Endorsing Housing Strategy for Tompkins County and he extended appreciation to Mr. Marx and others who developed it. He noted input from many individuals has helped it to become a document with a great potential for progress, creativity, and participation. Fay Gougakis, City of Ithaca resident, expressed appreciation to members of the Legislature who voted in support of the Resolution No. 88 - Calling For a Comprehensive Investigation of Evidence That May Warrant Impeachment of the President and Vice President of the United States, stating she believes that had there been more time, more constituents would have supported it as well. She asked that those who did not support it, review the matter in more depth to have a better understanding of why it was valid. Paul Mazzarella, Ithaca Neighborhood Housing Services Executive Director, spoke in support of the resolution entitled Endorsing Housing Strategy for Tompkins County and urged members of the Legislature to adopt it. He stated it is the next step to be taken regarding affordable housing needs, it articulates the number of units by municipality to promote smart growth, and he thinks it will create the framework and actions that make the first important step to addressing the situation, acknowledging that it is a regional issue. Presentation of Resolution from the Budget and Capital Committee RESOLUTION NO. 103 - ADOPTION OF 2007-2008 OPERATING BUDGET - TOMPKINS CORTLAND COMMUNITY COLLEGE It was MOVED by Mr. Koplinka-Loehr, seconded by Mr. Hattery. Mr. Booth said the presentation by Dr. Haynes on what the funding will provide is very impressive and exciting. 156 June 19, 2007 Mr. Koplinka-Loehr indicated that while this budget allows for a five percent increase, a review of the last ten years shows a 2.9 percent annual increase in tuition, a 3.4 percent annual increase in State funding, and a 2.5 percent increase in local funding. He said that although tonight's increase is five percent, the overall average for the ten-year period is within the cost of living average. Ms. Kiefer expressed a desire to have been able to approve a six percent increase as originally and said she would like to see the long-term average from the Legislature continue to increase. A voice vote on the motion resulted as follows: Ayes — 13, Noes — 0; Excused — 2 (Legislators McBean-Clairborne and Robertson). RESOLUTION ADOPTED. WHEREAS, a proposed operating budget for Tompkins Cortland Community College for the fiscal year September 1, 2007, through August 31, 2008, 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 19th of June 2007, now therefore be it RESOLVED, on recommendation of the Budget and Capital Committee, That said proposed 2007-2008 operating budget in the amount of $30,000,979 of which the sponsoring community contribution is in the amount of $3,934,271 (5 percent increase) be and the same hereby is approved, RESOLVED, further, That the Legislature of Tompkins County includes in the 2008 Tompkins County Budget an amount to be determined pursuant to the approved plan for said College in effect as of September 1, 2007, and that the amount when determined be raised by taxation in the County of Tompkins in the fiscal year 2008, 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 Distinguished Youth Award Ms. Herrera presented the June, 2007, Distinguished Youth Award to the 2006-2007 Ithaca High School Link Crew Leaders, a nationally known program, assisting freshman transitioning by partnering with them to provide successful academic and social experiences when entering high school. The award was accepted by Co -Coordinator Judy Cogan, Whitney Elrod, and Kaiya Namaste-Bercow. Ms. Cogan and the students spoke as representatives of 83 upper-classmen participating in the program, sharing their experiences and the sense of accomplishment and reward resulting from program participation. Privilege of the Floor for Legislators Ms. Kiefer, District No. 10 Legislator, spoke of a recent article in the New Yorker, authored by Seymour M. Hersh, discussing Army Major General Taguba's investigation into the events at Abu Ghraib prison and the unfortunate effect that had on ending his military career. Because of many factors used to soften prisoners for interrogation and subsequent investigation that are outlined in the article, she felt it was appropriate to call attention to the Amnesty International poster on her desk that calls for closure of the detention facility in Guantanamo. Ms. Kiefer is embarrassed and ashamed of what our country has done with regard to these behaviors. She hopes others will read the article. Mr. Dennis, District No. 15 Legislator, called attention to a flyer placed on desks regarding the upcoming tenth anniversary of the Family Reading Partnership in October. The flyers ask individuals to share their experiences regarding the books provided through the Partnership or other books read. These shared stories will be utilized in October during the anniversary celebration. Mr. Shinagawa, District No. 4 Legislator, provided a report from the Air Service Board; enplanements are up 17 percent from last year, with a total 7,799 passengers. In addition, the load factors 157 June 19, 2007 (how full the plane is) for April and May were up eighty percent for Northwest Airline and increases of sixty-one percent in April and fifty-six in May percent for US Air. Overall load factors are approximately sixty percent compared to last year's forty-nine percent and the previous year's load factor of forty-four percent. He then reported on an area of concern for the Airport regarding the Transportation Security Administration (TSA) and Federal government -mandated law-enforcement presence at airports. When initially mandated following 9/11, the TSA would reimburse counties for the law enforcement officers; now the TSA has notified airports it proposes to have a cooperative agreement that would only provide for sixty-five percent reimbursement to the airports. For the local airport it would mean a $100,000 annual shortfall. A resolution has been passed by the Air Service Board and will be reviewed by the Facilities and Infrastructure Committee asking the TSA to reconsider its proposal. Mr. Koplinka-Loehr, District No. 11 Legislator, reported that Kristina Belanger, an employee of the Human Rights Commission, is the Chair of the New York State Affirmative Action Officers Conference being held June 20 to June 22; Infusing Workplace Diversity Through Recruitment and Retention. He expressed congratulations and appreciation to the Department and the City of Ithaca for sponsoring the statewide event. Mr. Proto, District No. 7 Legislator, stated that although he believes Ms. Kiefer is entitled to her opinion, he opposes the displaying of a political poster in Chambers. Ms. Herrera, District No. 5 Legislator, said she, too, believes that the Chambers should be free from political signs. Chair's Report Mr. Joseph reported on materials received from the Public Service Commission regarding energy conservation. These materials and an order form are available for Legislators. Mr. Joseph then reported that with regard to the Governor's request for Local Government Efficiency and Competitiveness initiatives, a set of three requests was submitted by Tompkins County: (1) consolidation of justice courts in the County into a single -district or multiple -district court; (2) the shared service grant received to create a healthcare consortium to provide health insurance for public employees throughout the County, indicating a desire to have the State assist to remove barriers by possible amendments to present laws; and, (3) a smart growth proposal to implement the comprehensive plan calling for nodal development and smart growth practices, and included requesting the State follow through on its previous work of dredging the inlet, relocation of the State Department of Transportation, and completion of the Black Diamond Trail. Report from the County Administrator Mr. Whicher thanked staff for their work on the submission reported by Mr. Joseph on Local Government Efficiency Initiatives. Mr. Whicher requested an executive session later in the meeting to discuss contract negotiations. Mr. Whicher spoke of the extraordinary effort by the State Senate to eliminate school financing from the property tax, noting that it is a monumental effort that is going to go a long way. In response to Mr. Proto's request for an update on the Communications Capital Project, Mr. Whicher reported the towers are up, buildings at key sites are installed with much of the equipment in place, the antennae are installed, and a final billing has been received from Motorola which will be broken down for reimbursement from the Federal government. He said the project is going well and on schedule thus far. Mr. Proto inquired about leasing on the towers; Mr. Whicher replied that although some tower space is presently leased, no further marketing is planned until all emergency responders are 158 June 19, 2007 ready to utilize the system. Presently there is work being done in several areas to assure full operation of the system. Mrs. McBean-Clairborne arrived at this time. Report from the County Attorney Mr. Wood spoke of the Wickes Law agreement, which indicated that any building under $500,000 does not have to be let out for separate contract, therefore saving money on public buildings. Although the newspaper article said the Governor believes it would be approximately seventy percent of public projects, he does not believe this is so. Mr. Joseph agreed with Mr. Wood, noting he had requested information regarding the capital plan and history, which indicated no savings would have resulted to Tompkins County from the agreement. Report from the Finance Director Mr. Squires reported the real estate auction for properties obtained through foreclosure occurred on June 12th. At that time, all eight properties, including landlocked parcels, were sold, with a net gain of $26,000. The total gross sales of $72,000 exceeded his estimate of $44,000. Mr. Squires announced that as a result of State law, the County is required to seek proposals for deferred -compensation plans. Five proposals were received and his department is in the process of surveying participating employees to assist in the review of cost consideration, service, and satisfaction levels. 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. Randall, and unanimously adopted by voice vote, by members present, to approve the following resolution(s) under the Consent Agenda: RESOLUTION NO. 104 - ACCEPTANCE OF NEW YORK STATE 2006-2007 SHARED MUNICIPAL SERVICES INCENTIVE (SMSI) GRANT— TOMPKINS COUNTY HEALTHCARE CONSORTIUM MOVED by Mr. Booth, seconded by Mr. Randall, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the County, on behalf of the Tompkins County Council of Governments (TCCOG) has been awarded a Shared Municipal Services Incentive (SMSI) Grant from the New York State Department of State, and WHEREAS, the total grant amount to Tompkins County is $266,030 to design and establish a Healthcare Consortium for the employees of all municipalities within Tompkins County, and WHEREAS, employee fringe costs are a significant component of the local Real Property Tax burden, and 159 June 19, 2007 WHEREAS, the cost of healthcare is the fastest growing component of employee fringe costs, and WHEREAS, the savings to the taxpayers of Tompkins County in the first five years of the consortium is expected to exceed $5,000,000, and WHEREAS, all municipalities in Tompkins County are members of TCCOG, and WHEREAS, all members of TCCOG have submitted resolutions in support of the SMSI grant, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the County hereby accepts SMSI funds in the amount of $266,030, RESOLVED, further, That the County Administrator be authorized to execute any contracts related to this project, RESOLVED, further, That the Director of Finance is authorized to make the following budget adjustment: Revenue CD9089.43089 State Aid $266,030 Appropriation CD9089.54442 Program Expense $266,030 SEQR ACTION: TYPE II -20 RESOLUTION NO. 105 - AUTHORIZATION TO EXECUTE QUITCLAIM DEEDS — PROPERTIES REDEEMED BEFORE COUNTY AUCTION MOVED by Mr. Booth, seconded by Mr. Randall, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, Tompkins County works with 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 individual quitclaim deeds conveying property acquired by the County through 2006 tax foreclosures, back to the previous owners upon payment of all back taxes, penalties, interest, and fees as follows: Town of Dryden 59-1-29.7 Dennis & Stacy Beebe Town of Dryden 30-1-13.3 Estate of Leland Bower Town of Dryden 22-1-12.22 Allen L. Little Town of Dryden 22-1-12.23 Allen L. Little Town of Dryden 61-1-9.1 Peter Kimmich Town of Lansing 27-1-28.3 Regina & Kelly Robbins SEQR ACTION: TYPE II -20 RESOLUTION NO. 106 - BUDGET ADJUSTMENTS — VARIOUS DEPARTMENTS MOVED by Mr. Booth, seconded by Mr. Randall, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, pursuant to Administrative Manual Policy 05-02, budget adjustments exceeding $5,000 require Legislative approval, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure and the Planning, Development, and Environmental Quality Committees, That the Director of Finance be directed to make the following budget adjustments on his books: Highway Revenue Acct Title Amt Approp Acct Title(s) D Fund Fund Balance $100,000 5142.54424 Equipment Rental 160 June 19, 2007 Explanation: Increased weather -driven snow and ice operating expenses have resulted in a negative balance for equipment rental. 2006 rental rates were brought into line with New York State Department of Transportation's rates, resulting in an increase in overall equipment rentals. Planning Revenue Acct Title Amt Approp Acct Title(s) A8027.43959 State Aid Planning $ 30,000 A8027.54400 Program Expense Explanation. Mini grant from the New York State Soil and Water Conservation Committee and New York State Department of Environmental Conservation to implement a stormwater retrofit demonstration project (Resolution No. 100 of 2005). SEQR ACTION: TYPE II -20 RESOLUTION NO. 107 - ACCEPTANCE OF GRANT INCREASING PROGRAMMATIC ACCESS TO THE ONE-STOP SYSTEM FOR INDIVIDUALS WITH DISABILITIES GRANT - TOMPKINS COUNTY WORKFORCE INVESTMENT BOARD MOVED by Mr. Booth, seconded by Mr. Randall, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the Tompkins County Workforce Investment Board was recently awarded a $754 grant from the Rotary Club of Ithaca, and WHEREAS, the grant is to be used to provide software programs that increase accessibility to the One -Stop System for individuals with disabilities, and WHEREAS, no local funding is requested for this initiative, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the County hereby accepts the grant in the amount of $754, RESOLVED, further, That the Finance Director is authorized to make the following budget adjustment to his books: REVENUE: CD6290.42770 Other Miscellaneous Revenues $754 APPROPRIATION: CD6290.52230 Computer Software $754 SEQR ACTION: TYPE II -20 RESOLUTION NO. 108 -- ACCEPTANCE OF GRANT FROM THE QUALITY COMMUNITIES GRANT PROGRAM FOR THE FINGER LAKES TRAIL CORRIDOR PROTECTION PLANNING AND ENHANCEMENT PROJECT MOVED by Mr. Booth, seconded by Mr. Randall, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the Tompkins County Legislature, on December 5, 2006, supported the application for 2006 Quality Communities Program Grant funds to prepare a detailed plan for the Finger Lakes Trail section located in the "Emerald Necklace," and WHEREAS, the County has been awarded grant funds from the New York State Department of State for this purpose, and WHEREAS, the Department of Planning is prepared to work jointly with the Finger Lakes Land Trust to manage this program, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the County hereby accepts Quality Communities Program Grant funds in the amount of $36,500, RESOLVED, further, That the following adjustments be made to the 2007 Budget, 161 June 19, 2007 Revenues 8027.43959 State Aid Planning $36,500 Expenditures 8027.54400 Program Expenses $36,500 RESOLVED, further, That the County Administrator or his designee be authorized to execute any contracts related to this project. SEQR ACTION: TYPE II - 21 RESOLUTION NO. 109 - DETERMINATION OF A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE IN RELATION TO ABANDONING BUNDY ROAD TO THE TOWN OF ITHACA MOVED by Mr. Booth, seconded by Mr. Randall, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the Town of Ithaca has been notified of and concurs with amending the County Road System by abandoning Bundy Road, County Road 138, to the Town of Ithaca ("the Action"), and WHEREAS, the Tompkins County Legislature has reviewed and accepted as adequate a Short Environmental Assessment Form, which finds no significant impacts associated with the Action, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the Tompkins County Legislature, hereby determines that the Action is an unlisted action and will not have a significant negative impact on the environment, requiring no further environmental review, RESOLVED, further, That the Tompkins County Legislature hereby issues a "Negative Declaration of Environmental Significance" in accordance with SEQRA for the Action. SEQR ACTION: Unlisted (Short EAF on file with Clerk of the Legislature) RESOLUTION NO. 110 - AUTHORIZATION TO AMEND THE COUNTY ROAD SYSTEM BY ABANDONING BUNDY ROAD TO THE TOWN OF ITHACA MOVED by Mr. Booth, seconded by Mr. Randall, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the County Highway Manager has recommended pursuant to Article 6, Section 115 of the Highway Law, that Bundy Road (County Road 138, approximately 2.19 miles), in the Town of Ithaca, as set forth below, be removed from the map of the Tompkins County road system (the "Action"), and WHEREAS, this abandonment is part of an agreed-upon "road swap" involving Bundy Road, Burns Road, and a section of Game Farm Road, as described in the accompanying Environmental Assessment Form for Resolution No. 109 of 2007. WHEREAS, the Tompkins County Legislature has classified the Action as an "Unlisted Action" under the SEQRA (State Environmental Quality Review Act) as defined by the underlying regulations of Article 8 of the Environmental Conservation Law of the State of New York, and WHEREAS the Tompkins County Legislature has issued a "Negative Declaration of Environmental Significance" in accordance with SEQRA, and WHEREAS, the Town of Ithaca has been notified of and concurs with the recommendation of the County Highway Manager to abandon Bundy Road to the Town of Ithaca, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, and pursuant to Article 6, Section 115 of the Highway Law, That Bundy Road be removed from the map of the Tompkins County road system to revert to and be maintained by the Town of Ithaca, 162 June 19, 2007 RESOLVED, further, That the County Highway Manager is authorized to enter into an agreement with the Town of Ithaca reflecting this change and the amendment to the map of Tompkins County road system described above shall become effective at the time specified in said agreement. SEQR ACTION: UNLISTED (Short EAF on file with Clerk of the Legislature) RESOLUTION NO. 111 - DETERMINATION OF A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE IN RELATION TO AMENDING THE COUNTY ROAD SYSTEM BY ADDING BURNS ROAD AND A SECTION OF GAME FARM ROAD IN THE TOWN OF ITHACA MOVED by Mr. Booth, seconded by Mr. Randall, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the Town of Ithaca has been notified of and concurs with amending the County Road System by adding Burns Road and a section of Game Farm Road in the Town of Ithaca ("the Action"), and WHEREAS, the Tompkins County Legislature has reviewed and accepted as adequate a Short Environmental Assessment Form, which finds no significant impacts associated with the Action, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the Tompkins County Legislature, hereby determines that the Action is an unlisted action and will not have a significant negative impact on the environment, requiring no further environmental review, RESOLVED, further, That the Tompkins County Legislature hereby issues a "Negative Declaration of Environmental Significance" in accordance with SEQRA for the Action, SEQR ACTION: Unlisted (Short EAF on file with Clerk of the Legislature) RESOLUTION NO. 112 - AUTHORIZATION TO AMEND THE COUNTY ROAD SYSTEM BY ADDING BURNS ROAD AND A SECTION OF GAME FARM ROAD IN THE TOWN OF ITHACA MOVED by Mr. Booth, seconded by Mr. Randall, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the County Highway Manager has recommended pursuant to Article 6, Section 115 of the Highway Law, that Burns Road and a section of Game Farm Road, both in the Town of Ithaca, as set forth below, be added to the map of the Tompkins County road system (the "Action"), and WHEREAS, this addition is part of an agreed-upon "road swap" including Bundy Road, Burns Road, and a section of Game Farm Road, as described in the accompanying Environmental Assessment Form for Resolution No. 111 of 2007. WHEREAS, the Tompkins County Legislature has classified the Action as an "Unlisted Action" under the SEQRA (State Environmental Quality Review Act) as defined by the underlying regulations of Article 8 of the Environmental Conservation Law of the State of New York, and WHEREAS the Tompkins County Legislature has issued a "Negative Declaration of Environmental Significance" in accordance with SEQRA, and WHEREAS, the Town of Ithaca has been notified of and concurs with the recommendation of the County Highway Manager to add said roads to the map of the Tompkins County road system, now therefore be it 163 June 19, 2007 RESOLVED, on recommendation of the Facilities and Infrastructure Committee, and pursuant to Article 6, Section 115 of the Highway Law, That the section of Game Farm Road from the Town of Ithaca -Dryden Town Maintenance Jurisdictional Boundary to Ellis Hollow Road, being a distance of 0.4 miles, shall become a part of County Road 173, and Burns Road, being a distance of 1.14 miles, shall become County Road 116, and be added to the map of the Tompkins County road system to be maintained by Tompkins County, RESOLVED, further, That the County Highway Manager is authorized to enter into an agreement with the Town of Ithaca reflecting this change and the amendment to the map of Tompkins County road system described above shall become effective at the specified time in said agreement. SEQR ACTION: UNLISTED (Short EAF on file with Clerk of the Legislature) RESOLUTION NO. 113 - DETERMINATION OF A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE IN RELATION TO AMENDING THE COUNTY ROAD SYSTEM BY ADDING IRADELL ROAD EXTENSION AND A SECTION OF KRUMS CORNERS ROAD IN THE TOWN OF ULYSSES MOVED by Mr. Booth, seconded by Mr. Randall, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the Town of Ulysses has been notified of and concurs with amending the County Road System by adding Iradell Road Extension and a section of Krums Corners Road in the Town of Ulysses ("the Action"), and WHEREAS, the Tompkins County Legislature has reviewed and accepted as adequate a Short Environmental Assessment Form, which finds no significant impacts associated with the Action, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the Tompkins County Legislature, hereby determines that the Action is an unlisted action and will not have a significant negative impact on the environment, requiring no further environmental review, RESOLVED, further, That the Tompkins County Legislature hereby issues a "Negative Declaration of Environmental Significance" in accordance with SEQRA for the Action, SEQR ACTION: Unlisted (Short EAF on file with Clerk of the Legislature) RESOLUTION NO. 114 - AUTHORIZATION TO AMEND THE COUNTY ROAD SYSTEM BY ADDING IRADELL ROAD EXTENSION AND A SECTION OF KRUMS CORNERS ROAD IN THE TOWN OF ULYSSES MOVED by Mr. Booth, seconded by Mr. Randall, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the County Highway Manager has recommended pursuant to Article 6, Section 115 of the Highway Law, that Iradell Road Extension and a section of Krums Corners Road, in the Town of Ulysses, as set forth below, be added to the map of the Tompkins County road system (the "Action"), and WHEREAS, this addition is part of an agreed-upon "road swap" including Iradell Road, a section of Krums Corners Road, Falls Road, and Agard Road, as described in the accompanying Environmental Assessment Form for Resolution No. 113 of 2007. WHEREAS, the Tompkins County Legislature has classified the Action as an "Unlisted Action" under the SEQRA (State Environmental Quality Review Act) as defined by the underlying regulations of Article 8 of the Environmental Conservation Law of the State of New York, and 164 June 19, 2007 WHEREAS the Tompkins County Legislature has issued a "Negative Declaration of Environmental Significance" in accordance with SEQRA, and WHEREAS, the Town of Ulysses has been notified of and concurs with the recommendation of the County Highway Manager to add said roads to the map of the Tompkins County road system, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, and pursuant to Article 6, Section 115 of the Highway Law, That Krums Corners Road, from the intersection of Trumansburg Road (NYS Route 96) to Iradell Road (County Road 177), being a distance of 0.44 miles, shall become a part of County Road 172, and Iradell Road Extension, being a distance of 0.2 miles, shall become County Road 177A, and be added to the map of the Tompkins County road system to be maintained by Tompkins County, RESOLVED, further, That the County Highway Manager is authorized to enter into an agreement with the Town of Ulysses reflecting this change and the amendment to the map of Tompkins County road system described above shall become effective at the specified time in said agreement. SEQR ACTION: UNLISTED (Short EAF on file with Clerk of the Legislature) Approval of Appointment Under the Consent Agenda It was MOVED by Mr. Booth, seconded by Mr. Randall, and unanimously adopted by voice vote by members present to approve the following appointment(s): Water Resources Council Elizabeth Cameron — Representative of Environmental Health; term expires 12/31/08 Report from the Personnel Committee Mr. Dennis, Chair, did not have a report. Mr. Proto inquired if any information is available regarding the health insurance package. Mr. Dennis said meetings are ongoing, with retirees providing comments. He stated it is a work in progress with additional meetings to take place. He will provide information to the Legislature when the work is further along. Report from the Government Operations Committee Mr. Stevenson, Chair, reported the Committee met on June 8th and discussed the availability of assessment data on the internet and reviewed some public comment; no action has taken place at this time. In addition, the Assessment Department provided information regarding the 2008 reevaluation of assessments and staffing requirements. The next meeting will occur on July 13th Report and Presentation of Resolution(s) from the Planning, Development and Environmental Quality Committee Ms. Mackesey, Vice Chair, reported the Committee met on June 11th, and heard a status report on lake monitoring by the Water Resources Council and Cornell University. As there is disagreement on how to proceed this item will come back for further discussion. In addition, a report was provided on the Flood Hazard Mitigation Program, and the Committee reviewed the budget for the Strategic Tourism Planning Board (STPB). Additional review of STPB budget will occur at the next meeting. RESOLUTION NO. 115 - AUTHORIZING TRANSFER OF THE TOMPKINS COUNTY ECONOMIC DEVELOPMENT REVOLVING LOAN FUND TO TOMPKINS COUNTY AREA DEVELOPMENT, INC. — (RESCINDED BY RESOLUTION NO. 119 OF 2008) 165 June 19, 2007 MOVED by Ms. Mackesey, seconded by Mr. Shinagawa. Ms. Mackesey stated the fund is the result of the repayment of loans provided through the Community Development Block Grant, thus allowing the monies to be utilized to assist businesses. Since Tompkins County Area Development (TCAD) already works with businesses with a similar loan fund, it seems a logical step to move the administration of this fund to them. In return, TCAD will receive $18,000, which originates from Housing and Urban Development (HUD), to cover administrative costs of the fund; no local funding is involved. Mr. Proto said he did not support the resolution at Committee, and will not now, for several reasons, including: (1) the amount for administration costs versus the administrative cost when within the Planning Department of only $4,000 to $6,000; (2) The Economic Development and Loan Oversight Committee is in existence to determine how the fund is spent, he does not believe the Planning, Development, and Environmental Quality Committee can dissolve it; and, (3) as this is a Federal program he would want to have assurance that it remains in compliance. Mr. Proto said one possible positive if shifted to TCAD is that Ms. Filiberto, formerly of the Planning Department, has been responsible to oversee the fund in the past. Ms. Herrera expressed concern in shifting the program administration and believes County dollars are better spent through the County's administration; however, she understands that this is a way to assist in providing administrative revenue to TCAD. Ms. Kiefer said many of her concerns had been voiced; however, she would like to see the resolution amended to include a "whereas" that reflects the loss of revenue within the Planning Department. Although she recognizes the resolution will be adopted, she believes it is important to indicate this fact. In addition, Ms. Kiefer stated that while TCAD is the principle economic development agency for the County, it deals primarily with high-tech jobs and increased employment, etc. However, they have not undertaken economic development in other areas, for example agriculture, which is done by Cornell Cooperative Extension and the Agricultural and Farmland Protection Board, and to some extent the Planning Department. Mr. Marx clarified the $4,000 to $6,000 range is an estimate including other funds which the department is the administrator, therefore it may actually be a smaller amount. Mr. Hattery said he is pleased to see the fund administration being transferred to TCAD. A voice vote on the motion resulted as follows: Ayes — 12; Noes — 2 (Legislators Herrera and Proto); Excused — 1 (Legislator Robertson). RESOLUTION ADOPTED. WHEREAS, the Tompkins County Economic Development Revolving Loan Fund was established in 1998 and has been continuously and successfully implemented since that time, and WHEREAS, the Tompkins County Economic Development Revolving Loan Fund has been capitalized through grants by from the United States Department of Housing and Urban Development and from the New York State Governor's Office for Small Cities, and WHEREAS, the Tompkins County Economic Development Revolving Loan Fund has been managed by the Tompkins County Planning Department since its inception, and WHEREAS, Tompkins County Area Development, Inc., is the County's principal economic development agency, and WHEREAS, Tompkins County Area Development, Inc., has successfully managed and operated its own Economic Development Loan Program, and WHEREAS, many borrowers making use of the Tompkins County Economic Development Revolving Loan Fund also make use of programs managed by Tompkins County Area Development, Inc., and 166 June 19, 2007 WHEREAS, with this transfer the Tompkins County Planning Department will lose its annual administrative revenue of $4,000 to $6,000, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the Tompkins County Economic Development Revolving Loan Fund program be transferred to Tompkins County Area Development, Inc., RESOLVED, further, That this transfer of the Economic Development Revolving Loan Fund will require the County to • Capitalize the transferred economic development loan program, in an amount of $100,000, • Provide funding to cover administrative costs for one year, in an amount not to exceed $18,000, and • Transfer notes receivable by the Tompkins County Economic Development Revolving Loan Fund to Tompkins County Area Development, Inc., RESOLVED, further, That this transfer of the Economic Development Revolving Loan Fund will require Tompkins County Area Development, Inc., to • Provide oversight and approval of loans through the Tompkins County Area Development, Inc., Finance Committee or its successors, • Comply with all rules, regulations, and policies of the United States Department of Housing and Urban Development and the Governor's Office for Small Cities, • Perform all administrative activities required pursuant to the use of funds from the United States Department of Housing and Urban Development and the Governor's Office for Small Cities, and • Provide annual reports to the County on loan activity and performance, RESOLVED, further, That the County Administrator or his designee be authorized to execute and agreements in order to effect the transfer of this program consistent with this resolution. SEQR ACTION: TYPE II - 20 RESOLUTION NO. 116 - ENDORSING HOUSING STRATEGY FOR TOMPKINS COUNTY MOVED by Ms. Mackesey, seconded by Mr. Dennis. Ms. Kiefer indicated she had requested specific financial information such as the actual dollar amount of fifty percent of median income, etc. be included within the document as well as on page three to have the following statement added at the end of the first sentence of the first full paragraph: "And of course construction should maximize energy efficiency to ensure long-term affordability." Ms. Kiefer moved to amend the strategy as requested. A brief discussion occurred regarding whether the plan could be amended at this time. Mr. Marx did not have a substantive concern with the amendments; although other municipalities have received the present revision they could be provided with an amended version. As a result of the discussion, Mr. Joseph ruled that it is the County's Housing Strategy, and therefore motions to change the plan are in order. It was MOVED by Ms. Kiefer, seconded by Mr. Koplinka-Loehr, to add the following statement to the end of the first sentence of the first full paragraph of page three of the strategy plan: "And of course construction should maximize energy efficiency to ensure long-term affordability," with corresponding amendment to the Resolution to note the date change to June 19, 2007. Mr. Joseph will not support the amendment, believing it is an inappropriate time to make changes to a strategy that has been reviewed for a lengthy period of time. It was MOVED by Mr. Dennis, seconded by Mr. Sigler, to refer the resolution back to Committee for further discussion and revision. 167 June 19, 2007 Mr. Marx requested not to do so, that several municipalities are on the verge of adopting and endorsing the strategy following the County Legislature. He is concerned the delay will reduce support and it is important to move forward. Mr. Dennis stated his motion was made due to a concern the resolution would not receive enough votes at this time. Ms. Herrera said that although she does not agree with amending a document that has gone before many others, she recognizes the Chair's ruling and will be flexible and support the amendment. Mr. Proto spoke of his concern that additional input may be warranted and agrees that the resolution should be sent back to the Committee. He has questions regarding potential amendments to poverty levels in future years, concern over additional properties being removed from tax rolls, and providing an additional benefit to not -for -profits that was unavailable to for-profit individuals. He agrees that the resolution should go back to Committee. Mrs. McBean-Clairborne appreciated the amendment, noting that affordable housing does not always mean affordable through the long term; this amendment provides an added layer of protection. She does not believe it is necessary to send the matter back to Committee. Ms. Kiefer noted it was not her intent to delay action and she would be disappointed to see the matter returned to Committee and hopes that it passes. Mr. Booth asked if the document is neutral on the question of whether housing units will or will not be taxable; he views it as neutral. Mr. Marx said most of the housing units would be taxable and that the document does not make any judgment on this question. Ms. Herrera clarified that she does not believe the matter should go back to Committee. A voice vote on the motion to refer the resolution and accompanying strategy to Committee resulted as follows: Ayes — 6 (Legislators Dennis, Hattery, Randall, Sigler, Stevenson, and Proto); Noes — 8 (Legislators Booth, Herrera, Joseph, Kiefer, Koplinka-Loehr, Mackesey, McBean-Clairborne, and Shinagawa); Excused — 1 (Legislator Robertson). MOTION FAILED. A voice vote on the proposed amendment to the Housing Strategy resulted as follows: Ayes — 11 (Legislators Booth, Dennis, Hattery, Herrera, Kiefer, Koplinka-Loehr, Mackesey, McBean-Clairborne, Randall, Sigler, and Shinagawa); Noes — 3 (Legislators Joseph, Proto, and Stevenson). MOTION APPROVED. Mr. Sigler said he cannot support the resolution for various reasons, including the indication that the State and Federal housing funds have not kept pace, and in setting up the fund it is unclear where the money will come from or how large it will be. It appears that the County would be setting up a fund to compensate the State and Federal governments for their lack of responsibility. Mr. Sigler is also concerned that the number of housing units may be too high; for his particular district he feels it would not be possible without water and sewer districts, which is cost prohibitive. Additionally, he believes that the private market would also continue to build housing units. Mr. Hattery asked if the strategy would have an effect on County subdivision review within municipalities. Mr. Marx stressed it is a Strategy, not a law or specific plan, stressing it shows what future planning needs are. He indicated that for the Strategy to be effective the municipalities also have to be supportive of the strategy. There would be no impact on a Section 239 review. 168 June 19, 2007 Mr. Booth will support the resolution, indicating the strategy has come a long way. He would have liked to see specifically addressed the issue of in and around the City of Ithaca noting the need that Cornell University should provide housing for a larger percentage of students; at least this was including regarding additional students. To change the housing marking in and around Cornell the present student housing would need to change. Mr. Proto spoke of his concerns for landlords within the City of Ithaca, noting that they do not have tax incentives and reported that forty percent of their rental income is required to pay property taxes. He expressed concern that removal of some property from tax rolls through abatements will create a shrinking pool of those paying tax. Mr. Randall said he voted for the resolution at Committee to provide the opportunity for further discussion. He said he is unsure if passage of the Strategy will take local decision-making away from municipalities. Mr. Joseph spoke of repeatedly hearing that the County is too expensive to live in due to the cost of taxes. He believes the real cost is the ability to afford housing. Mr. Joseph noted that the economic development plan recognized the lack of housing as the biggest issue restraining the economy. He feels it is important to take some action to do something; the Planning Department has presented a Strategy to do this in consultation and cooperation with others in the community and he believes there is a need to agree to do so. Mr. Hattery noted he has had problems with information provided following the consultant report in regard to accuracy and whether the figures presented will hold up with time; this is a plan for the City and Town of Ithaca, not his district. In addition he believes there was a lack of involvement from the private -sector groups such as the Builders Association and Landlords Association. Ms. Herrera said the document may not be as specific as individuals would like, which gives strength. She recognizes that everyone would like a say in specifics, however, it is a strategy and although individuals may not agree with the end conclusion it is simply a tool to work with and will not restrict municipalities. Mr. Dennis will support the resolution, and said the Strategy provides a direction and is not necessarily the final way to move forward; he anticipates it will be modified as needed. Mrs. McBean-Clairborne said she believes the municipalities will use the Strategy as a guide to produce or create a plan for housing in their areas. Mr. Marx noted it is a guidance document for each municipality to do what is appropriate for their community. Mr. Proto asked for clarification if the strategy was applicable to only the communities listed in the document. Mr. Marx noted that the strategy does not offer incentives to any municipality, it describes what communities may or may not be able to support housing in their community. Mr. Marx said the numbers might be higher than listed. Mr. Booth said he will support the resolution and noted that the document does not commit any County funding towards any goal. It was MOVED by Mr. Koplinka-Loehr, seconded by Ms. Mackesey, and unanimously adopted by voice vote by members present, to call the question. A voice vote on the original motion resulted as follows: Ayes — 10 (Legislators Booth, Dennis, Herrera, Joseph, Kiefer, Koplinka-Loehr, Mackesey, McBean-Clairborne, Shinagawa, and Stevenson); 169 June 19, 2007 Noes — 4 (Legislators Hattery, Proto, Randall, and Sigler); Excused — 1 (Legislator Robertson). RESOLUTION ADOPTED. WHEREAS, the Tompkins County Comprehensive Plan, adopted by the Legislature in December 2004, established the principle that "Housing in Tompkins County should be affordable and appealing to all residents, regardless of their incomes or whether they rent or own their homes," and WHEREAS, according to the 2000 Census 40 percent of households in Tompkins County were financially stressed by paying more than 30 percent of income for housing, and WHEREAS, the Affordable Housing Needs Assessment for Tompkins County completed in August 2006 identifies the need for almost 4000 new non -student housing units over the next ten years, over half of which need to be affordable to households making 80 percent or less of median household income, and WHEREAS, the 2006 Tompkins County Economic Development Strategy, adopted by the Legislature in October, 2006, identifies the need to "Increase and diversify housing supply" as one of three top economic development goals, and WHEREAS, the County Planning Advisory Board reviewed a draft strategy to meet this housing need which has been amended to reflect further input from municipalities and community organizations, and WHEREAS, the Housing Strategy for Tompkins County is a starting point for addressing this critical community need and will evolve and be refined over time, now therefore be it RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee, That the Tompkins County Legislature, endorses and supports the Housing Strategy for Tompkins County, dated June 19, 2007. SEQR ACTION: TYPE II -20 Presentation of Resolution(s) from the Budget and Capital Committee RESOLUTION NO. 117 - ESTABLISHMENT OF GUIDELINES AND FISCAL TARGETS FOR ALL COUNTY BUDGETING UNITS FOR THE PREPARATION OF THE 2008 BUDGET MOVED by Mr. Koplinka-Loehr, seconded by Mr. Hattery. Mr. Shinagawa said he would not support the resolution as he did not support the two percent target vote. A voice vote on the resolution resulted as follows: Ayes — 9 (Legislators Booth, Hattery, Herrera, Koplinka-Loehr, McBean-Clairborne, Proto, Randall, Sigler, Stevenson) ; Noes — 5 (Legislators Dennis, Joseph, Kiefer, Mackesey, and Shinagawa) ; Excused — 1 (Legislator Robertson). 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 2, 2007, and WHEREAS, already -negotiated salary increases will require more than a three percent increase in department salary and fringe expenses, and WHEREAS, the Tompkins County Legislature set a two percent tax levy goal on June 5, 2007, and wishes to establish targets in order for departments and agencies to submit their 2008 budget requests, now therefore be it 170 June 19, 2007 RESOLVED, on recommendation of the Budget and Capital Committee, That fiscal targets for all budgeting units for preparation of the 2008 budget are hereby established as follows: 1. For not-for-profit agency grants, fiscal targets shall be equal to the amount approved in the 2007 adopted budget —not including one-time funding nor any funds re -appropriated from previous years. 2. For Towns and Villages applying for reimbursement for County -wide services, and for Human Service and Criminal Justice agencies receiving reimbursement pursuant to the Sales Tax Agreement between the County and City of Ithaca, fiscal targets shall be equal to the current year appropriation — not including one-time funding nor adjustments for prior years. 3. For all County departments, fiscal targets shall be equal to the fiscal target approved in the 2007 adopted budget, plus the 2008 negotiated salary increase and the associated fringe costs for the department's bargaining units. 4. In addition, department fiscal targets shall not include one-time funding nor any funds re -appropriated from previous years. RESOLVED, further, That the Tompkins County Legislature directs the County Administrator to work with departments and agencies to develop a budget to achieve a two percent tax levy goal. SEQR ACTION: TYPE II -20 Presentation of Resolution from the Health and Human Services Committee RESOLUTION NO. 118 - URGING NEW YORK STATE SUPPORT TO ADDRESS THE SHORTAGE OF HOME HEALTH CARE WORKERS MOVED by Mr. Shinagawa, seconded by Ms. Mackesey. Mr. Sigler said he believes that the Governor is already attempting to resolve the issue of the shortage of home health care workers and questions the need for the resolution. Mr. Shinagawa noted he did revise the resolution to attempt to address Mr. Sigler's concerns. He then reported he will be attending the People First Coordinated Listening Forum will be held in Syracuse on June 20th and he will be reading the resolution to Commissioner Daines at that time. This forum will be broadcast live over webcast. This will speak of the entire New York State system of care. Chair Joseph suspended action on the resolution until completion of the presentation on the Health Department Building. RESOLUTION SUSPENDED. Presentation from the Health Department Building Committee Mr. Proto provided a brief update of the work completed by the Committee. He reported the Planning Department and Facilities staff, particularly Mr. Marx, Commissioner of Planning and Public Works, and Mr. LeMaro, Facilities Director, were outstanding in obtaining the information needed to meet the charge of the Committee, namely to bring forward several sites addressing the needs of the Health Department. He spoke of the Health Department just celebrating the sixtieth anniversary and received a proclamation from Assemblywoman Lifton. Mr. Proto noted the Health Department has been in their present location for forty years. Mr. Proto said the former Space Needs and Location Committee provided the preliminary review of space needs within the County, and the final report indicated the need to provide a new building for the Health Department at the Biggs location as it was the most cost-effective recommendation at the time. Subsequently, Mr. Joseph created the Health Department Building Committee following the capital review, which has reviewed the previous information from the Space Needs and Location Committee as well as new site locations. He said that this evening two sites will be discussed, the New York State Electric and Gas building on New York State Route 13/366, and the Biggs complex site. He noted that 171 June 19, 2007 Mr. Marx and Kevin Marren of LaBella Associates would review the financial material in executive session. Mr. Proto said the purpose of the presentation is to provide information on sites reviewed and how the conclusion was made to proceed with these two sites. He said that he would like any questions individuals may have to be provided as soon as possible; it is hoped to bring this forward to the Health Department Building Committee on July 12th for further deliberation and bring to the Legislature at the July 19th meeting. At this time Mr. Proto introduced Mr. Marx, Commissioner of Planning and Public Works. Mr. Marx said that the presentation will provide a history of the process that has taken place over several years, followed by detailed information on the alternatives being presented this evening. The information will be presented in executive session due to the potential real estate acquisition and negotiation. Mr. Marx reported that Mr. Marren has been associated with the Space Needs and Location and Health Department Building Committees, providing assistance on the evaluation and cost analysis for the possible products. Mr. Marx and Mr. LeMaro will address the detailed cost comparison over a twenty-year period at the appropriate time. Chair Joseph declared a recess from 7:27 p.m. to 7:32 p.m. It was MOVED by Mr. Proto, seconded by Mr. Dennis to enter into executive session at 7:32 p.m. to Health Department Building Committee and deliberations. A voice vote resulted as follows: Ayes — 13; Noes — 1 (Legislator Koplinka-Loehr); Excused — 1 (Legislator Robertson). MOTION APPROVED. The meeting returned to open session at 8:40 p.m. Ms. Kiefer, Ms. Mackesey, and Mr. Stevenson were excused at 8:40 p.m. Mr. Whicher stated the Legislature did not discuss collective bargaining in executive session and withdrew his request for this item, due to the length of this meeting. Chair Joseph declared a recess from 8:40 p.m. to 8:49 p.m. Mr. Joseph reported the next discussion by the full Legislature regarding the Health Department Building Committee will be in open session as all financial figures will be confirmed. Resumption of Health and Human Services Report and Presentation of Resolution(s) RESOLUTION NO. 118 - URGING NEW YORK STATE SUPPORT TO ADDRESS THE SHORTAGE OF HOME HEALTH CARE WORKERS Mr. Shinagawa called attention to the revisions to the resolution, and in particular the portion referring to the previously adopted resolution opposing the Berger Commission's recommendations due to the shortage of home health aide workers and the well-documented shortage of skilled nursing home beds that will occur if the recommendations are implemented. Mr. Proto spoke of his attendance at annual luncheon meetings and hearing repeated concerns that individuals working as home health aides were grossly underpaid. He asked if Mr. Shinagawa would emphasize this fact when presenting the resolution at the forum he will be attending, noting one reason for the shortage is the lack of adequate pay for the position. A voice vote on the motion resulted as follows: Ayes — 11 (Legislators Booth, Dennis, Hattery, Herrera, Joseph, Koplinka-Loehr, McBean-Clairborne, Proto, Randall, Sigler, and Shinagawa); Noes — 0; Excused — 4 (Legislators Kiefer, Mackesey, Robertson, and Stevenson). RESOLUTION ADOPTED. 172 June 19, 2007 WHEREAS, the residents of Tompkins County have expressed a strong preference for long term care services in the home, and WHEREAS, the demand for home care services in Tompkins County has risen substantially in recent years, and WHEREAS, personal care aide services (one component of home health care) in Tompkins County rose from 99,524 hours in 2000 to more than 300,000 hours in 2006, and WHEREAS, home care providers have reported a shortage of home health care workers with longer waiting lists and some patients only being able to receive fewer than optimal hours of service, and WHEREAS, productivity of adult children is significantly compromised when their parents are receiving less -than -optimal care, and WHEREAS, the older population of Tompkins County is steadily increasing, and by 2025, there will be a 14.3 percent increase in residents over age 85, the age group most likely to require long term care services, and WHEREAS, the adopted findings of the Berger Commission's Plan to Stabilize and Strengthen New York's Health Care System call for additional services in the home, and WHEREAS, the Tompkins County Legislature has passed Resolution No. 238 of 2007 urging rejection of the Berger Commission's recommendations because we opposed the closure of Lakeside Nursing Home in Tompkins County; and, further, we have come to understand the existing shortage of home health care workers will be exacerbated by the recommendations while still leaving a significant need for skilled nursing home beds should the recommendations be implemented, WHEREAS, Governor Spitzer's "Patients First" Agenda to Fundamentally Reform New York's Health Care System recognizes that with Long Term Care needs "The vast majority — our grandparents, parents, children or neighbors — want to live in their community and in their home. Yet this is another example where the demand for health care services has changed, yet the supply has remained the same", and WHEREAS, the United States Supreme Court's Olmstead decision of 1999 mandates providing long term care services in the least restrictive setting possible, and WHEREAS, although overall costs of home care are often less than institutional care, home care requires more staff than providing care in a residential facility because people are dispersed in multiple settings at distances from one another, and WHEREAS, the shortage of health care workers in all settings is projected to become exacerbated as the current workforce ages into retirement, and creating a sufficient qualified workforce requires years of coordinated effort and initiative, now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, That the Tompkins County Legislature urges the New York State Department of Health and the New York State Legislature to increase efforts and support for increasing the supply of home health care workers, RESOLVED, further, That copies of this resolution be sent to Governor Eliott Spitzer, Senators Seward, Nozzolio, and Winner, and Assemblyperson Lifton, Health Committee Chairs Senator Kemp Hannon and Assemblyman Richard Gottfried, and the New York State Association of Counties. SEQR ACTION: TYPE II -20 Mr. Shinagawa reported the Committee discussed the position of Health and Safety Coordinator in order to have options to determine how to deal with a decrease in revenue funding the position; this will be discussed further at a future meeting. In addition, the Committee discussed the financial situation of the Children's Drop -In Center, which is presently experiencing difficulty; passed the resolution the Legislature just took action upon; and received an update on the status of the Recreation Partnership agreement that will be acted upon at the July 19 meeting. The Committee also heard about the Tompkins County Health Youth program and various strategies undertaken to assist in reduction of substance abuse among young people. 173 June 19, 2007 Report from the Public Safety Committee Mrs. McBean-Clairborne, Chair, reported the Committee met June 15, 2007, and received an overview from the District Attorney about the present staff configuration, caseloads, as well as the STOP - DWI program that was recently transferred to that office. The Committee was informed that there has been a significant increase in the child sexual abuse cases and that the Sheriffs Department has assisted in investigating these cases, which is very time consuming. Ms. Barber, who is in charge of the STOP - DWI program, reported that Tompkins County is rated seventh in the State for prosecution of DWI convictions. The Committee was provided the jail statistics, which appear to be stable. With regard to the Assigned Counsel, Ms. Hughes reported that although the number of cases is reduced, the cases being assigned to attorneys are more severe and require more time. Several high-profile cases they are working on will collectively cost hundreds of thousands of dollars in 2008 if they proceed to trial. The Committee discussed the Assigned Counsel program and how it might be affected with regard to Judge Judith Kaye's proposal and State Legislation to amend the vision of representation statewide. Ms. Martel -Moore said Tompkins County's Assigned Counsel program is one of the top ten in the State and is viewed as a model. Ms. Leinthall, Director of Probation, discussed safety concerns within their building to ensure employee safety and will continue to discuss this with County Administration and other departments. Report from the Workforce Diversity and Inclusion Committee Mrs. McBean-Clairborne, Chair, reported on the Tompkins County Diversity Statement kickoff event held on June 14th. She expressed pride in the fact that almost every department was represented in this event that brought attention to the County's effort. She believes people are behind this effort and will work on bringing it forward. The Committee meets next on June 27th Mrs. McBean-Clairborne spoke of the Highway Division's representation at the Diversity Statement kickoff event and wanted to express her appreciation for their support. Report from the Health Department Building Committee Mr. Proto, Chair, reported the Committee's work was reflected by the presentation previously in the meeting. Report and Presentation of Resolution(s) from the Facilities and Infrastructure Committee Ms. Herrera, Chair, reported the Committee met on June 12th, with many items appearing on the consent agenda. She spoke of New York State Court System's request for additional space within the courthouse and the discussion that followed. Ms. Herrera noted that Judge Mulvey and State court representatives spoke of the need to act quickly regarding making additional space available, stating that a wait of 18-24 months was not sufficient. They specifically asked that a request for proposals be undertaken to assist in this effort. They presented a letter that had been sent to Mr. Joseph regarding this matter, who responded to the letter by stating that the County is actively pursuing the matter. The letter contained an updated space needs analysis and Ms. Herrera anticipates further discussions will be occurring. At that meeting, Ms. Kiefer had mentioned her connection with the Ernest J. Warren Law Library advisory board and the discussions regarding security and order within the building. At this time it was reiterated that the County staff is doing a fine job and the Committee will soon be hearing an update of steps taken to make space available, and recognizes the State's concern. Ms. Kiefer returned to the meeting at 9:05 p.m. 174 June 19, 2007 Ms. Herrera reported the Committee was provided accurate information regarding compact fluorescent bulbs, specifically the proper disposal of them. She noted that the County does have the appropriate means of disposal of the bulbs and read the following: "Households are exempt from Hazardous Waste Regulations in NYS but are strongly encouraged to properly manage all materials containing hazardous materials including fluorescent bulbs." Ms. Herrera provided information on the requirements for businesses, followed by information on how to dispose of the bulbs. This information will be provided to the Legislators to enable them to inform constituents. Ms. Herrera spoke of her request of the County Attorney, County Administrator, and Solid Waste Manager, to provide information regarding the recent decision effecting flow control of solid waste, stating that the memorandum that was provided by them will be made available to Legislators. She spoke of the history of flow control and subsequent decisions to change the method to a user fee. Subsequent to the recent court decision, a discussion occurred based upon the historical information and review by the above -noted parties, with the final decision that the County should not amend flow control at this time, but perhaps upon elimination of debt service it could be reviewed. The next meeting will take place on June 26th Mr. Proto stated the Space Needs report has a break down with regard to the Court system and might be useful to the Committee. He then spoke of the information regarding the compact fluorescent bulbs being a potential op ed piece for The Ithaca Journal, indicating it would be useful to have more public awareness. Ms. Herrera spoke of how the County is proceeding in a methodical fashion with regard to sustainability and that we are realizing the benefits. Mr. Joseph asked if the information on compact fluorescent bulbs is the same for regular fluorescent bulbs and was informed that it is. He then reported he has written a reply to Judge O'Shea regarding the Court space needs and has forwarded it to various interested individuals. A copy of this correspondence will be provided to all Legislators. RESOLUTION NO. 119 - DETERMINATION OF A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE IN RELATION TO ABANDONING FALLS ROAD AND AGARD ROAD TO THE TOWN OF ULYSSES MOVED by Ms. Herrera, seconded by Mrs. McBean-Clairborne. A voice vote on the motion resulted as follows: Ayes — 12 (Legislators Booth, Dennis, Hattery, Herrera, Joseph, Kiefer, Koplinka- Loehr, McBean-Clairborne, Proto, Randall, Sigler, and Shinagawa); Noes — 0; Excused — 3 (Legislators Mackesey, Robertson, and Stevenson). RESOLUTION ADOPTED. WHEREAS, the Town of Ulysses has been notified of and concurs with amending the County Road System by abandoning Falls Road and Agard Road, County Roads 143 and 144, respectively, to the Town of Ulysses ("the Action"), and WHEREAS, the Tompkins County Legislature has reviewed and accepted as adequate a Short Environmental Assessment Form, which finds no significant impacts associated with the Action, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the Tompkins County Legislature, hereby determines that the Action is an unlisted action and will not have a significant negative impact on the environment, requiring no further environmental review, 175 June 19, 2007 RESOLVED, further, That the Tompkins County Legislature hereby issues a "Negative Declaration of Environmental Significance" in accordance with SEQRA for the Action, SEQR ACTION: Unlisted (Short EAF on file with Clerk of the Legislature) RESOLUTION NO. 120 - AUTHORIZATION TO AMEND THE COUNTY ROAD SYSTEM BY ABANDONING AGARD ROAD AND FALLS ROAD TO TOWN OF ULYSSES MOVED by Ms. Herrera, seconded by Mr. Randall. Ms. Kiefer said she does not support the resolution as she believes Falls Road to be scenic and a tourist attraction and as such should remain a County road. Mr. Proto spoke of how the Town of Ulysses, who has the highest number of miles of County Roads, has therefore had the majority of its roads maintained by the County; he asked if there is any significance in abandoning the roads. Mr. Marx noted it results in a net decrease of the number of miles of County -owned roads in the Town of Ulysses. Mr. Proto then inquired if Ms. Kiefer's comments regarding the scenic and tourist attraction had been factored in, Mr. Marx said it had not as the amendments to the County Road System was based upon efficiencies and road classifications. Mr. Dennis said the Town of Ulysses Highway Manager, Mr. Meeker, does a good job in maintaining the Town roads. A voice vote on the motion resulted as follows: Ayes — 11 (Legislators Booth, Dennis, Hattery, Herrera, Joseph, Koplinka-Loehr, McBean-Clairborne, Proto, Randall, Sigler, and Shinagawa); Noes — 1 (Legislator Kiefer); Excused — 3 (Legislators Mackesey, Robertson, and Stevenson). RESOLUTION ADOPTED. WHEREAS, the County Highway Manager has recommended pursuant to Article 6, Section 115- b of the Highway Law, that Agard Road (County Road 144, approximately 1.41 miles), and Falls Road (County Road 143, approximately 1.58 miles), in the Town of Ulysses, as set forth below, be removed from the map of the Tompkins County road system (the "Action"), and WHEREAS, this abandonment is part of an agreed-upon "road swap" including Iradell Road, a section of Krums Corners Road, Falls Road, and Agard Road, as described in the accompanying Environmental Assessment Form for Resolution No. 119 of 2007. WHEREAS, the Tompkins County Legislature has classified the Action as an "Unlisted Action" under the SEQRA (State Environmental Quality Review Act) as defined by the underlying regulations of Article 8 of the Environmental Conservation Law of the State of New York, and WHEREAS the Tompkins County Legislature has issued a "Negative Declaration of Environmental Significance" in accordance with SEQRA, and WHEREAS, the Town of Ulysses has been notified of and concurs with the recommendation of the County Highway Manager to abandon Agard Road and Falls Road to the Town of Ulysses, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, and pursuant to Article 6, Section 115 of the Highway Law, That Agard Road and Falls Road be hereby removed from the map of the Tompkins County road system to revert to and be maintained by the Town of Ulysses, RESOLVED, further, That the County Highway Manager is authorized to enter into an agreement with the Town of Ulysses reflecting this change and the amendment to the map of Tompkins County road system described above shall become effective at the time specified in said agreement. SEQR ACTION: UNLISTED (Short EAF on file with Clerk of the Legislature) 176 June 19, 2007 Approval of Minutes of June 5, 2007 It was MOVED by Mrs. McBean-Clairborne, by Mr. Dennis, and unanimously adopted by voice vote to approve the minutes of June 5, 2007, as corrected. Adjournment On motion, the meeting adjourned at 9:22 p.m. 177 July 3, 2007 Regular Meeting Call 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: 11 Legislators (Ms. Kiefer arrived at 5:34 p.m.). Excused: 4 (Legislators Booth, Herrera, Randall, and Shinagawa). Certificates of Appreciation Mr. Joseph presented Certificates of Appreciation to Kristina Belanger, who acted as host of the 2007 New York State Affirmative Action Association and to Larry Roberts as representative of the Workforce Diversity and Inclusion Marketing Team. Ms. Kiefer arrived at this time. Privilege of the Floor by the Public No one wished to speak. Privilege of the Floor by Legislators Ms. Mackesey, District No. 1 Legislator, reported on a public meeting she recently attended in Skaneateles regarding garbage transport on local roads. At the meeting representatives from the offices of Senators Schumer, Valeski, and DeFrancesco's were present as well as numerous municipal officials from throughout the area. The Department of Environmental Conservation issued a decision regarding these concerns as it relates to Seneca Meadows expansion, indicating the concerns were strictly a Department of Transportation issue rather than one for the Department of Environmental Conservation. Ms. Mackesey said although the decision was not favorable there are other steps being taken. At this time New York City Mayor Bloomburg is asking the Senate to assist with a special traffic plan within New York City; that could ultimately have an effect on traffic patterns in upstate New York. In addition, another bill before the New York State Senate requests that an agency to oversee the trucking industry be created. Another meeting will be held in August and Ms. Mackesey said she would set up a meeting for local people and welcomed anyone interested to become involved in the matter. Ms. Mackesey said that Mr. Dennis and Mr. Proto have expressed interest and agreed to be involved. Ms. Robertson, District No. 13 Legislator, said she viewed the recording of the previous meeting she was unable to attend and was pleased to see that the Housing Strategy passed. She indicated that no concerns regarding the document were raised in June at either the Town or City of Ithaca; Common Council will be reviewing it on Thursday, and the Town will be meeting on Monday to take action on the matter. Mr. Dennis, District No. 15 Legislator, offered his appreciation to the County Visitor's Bureau for their efforts in bringing the Schooner into town. He said it appears many individuals have availed themselves of the opportunity to see this unique vessel. Mrs. McBean-Clairborne, District No. 2 Legislator, announced the 2007 International Dragon Boat Festival would be held on Saturday July 14th and is a great draw for tourism in the County. She then 178 July 3, 2007 announced that the Greater Ithaca Activities Center Teen Get -It -and -Go Food Cart Program, hiring teens through the Youth Employment Services (YES) Program, would be opening on July 5th from 11 a.m. to 5 p.m. Mrs. McBean-Clairborne said this is a wonderful opportunity for youth to gain an understanding of operating a business and she recommended people stop in for a quick lunch. Mr. Proto, District No. 7 Legislator, said subsequent to his voicing concerns regarding disposal of compact fluorescent bulbs, the Solid Waste Division provided information on the correct procedure for disposing of them. In addition, the Solid Waste Division plans on an advertising campaign to heighten awareness of disposal methods, including education of incoming students. Mr. Proto then shared a concern brought to his attention by the Volunteer Fire Department Chiefs with regard to open burning fires and spoke of a recent situation involving a call to the Emergency Response Center via 911. Fire fighters are not authorized to enforce the Health Department regulations, and are concerned they may be erroneously sent to open burn situations, which has the potential of being hazardous if another fire occurs during that period. He asked that the fire company representatives take up the matter with the Board of Health. Mr. Proto also asked members of the community to proudly display their flag and attend events honoring the Fourth of July. Report from Municipal Official(s) Ms. Coles, City of Ithaca, reported the Housing Strategy would come before Common Council on July 5th. She then reported the Route 96 Corridor Management Study has gone through the Planning Committee, City Administration Committee, and will be brought before Common Council. The City's portion of the funds is $8,000. Ms. Coles said there are many individuals concerned that the study only encompassed one road into the city from the western gateways, not including New York State Routes 79 and 89. It is felt that the County Housing Strategy needs to have more studies such as the one for Route 96. Ms. Coles reported the sidewalks along the 100 block of North Aurora Street would be widened. Although the newspaper reported the cost to be approximately $130,000, upon review of the situation, it was determined that the work could be completed in-house for approximately one-half the cost. The Water and Sewer Division and Streets and Facilities will participate in the construction project, with $14,000 for street lighting coming from a State fund administered by the Ithaca Downtown Partnership (IDP). In addition, new trees and underground wiring will be included. Ms. Coles then reported that the City has corrected a previous amendment in zoning to change Nates Floral Estates from a commercial zone back to a mobile home zone. The original amendment was to provide for the Southwest development area and the mobile home park was inadvertently included. Ms. Coles reported the City is presently working on the State -required workplace safety review. A committee has been created by Mayor Peterson and is now at the point of hiring a consultant for the analysis work. Mr. Proto inquired when the Aurora Street Bridge construction is due to be completed and was informed that it is expected to open at the end of August. Mr. Proto then inquired about the widening of the sidewalk on Aurora Street, noting that business uses change. Ms. Coles explained that the benefit assessment district for the Commons has expired and due to the ongoing construction occurring within this block it would not be beneficial to wait until one is completed. Since the curbs are already removed and the streets were undergoing construction it would be beneficial. The assessment for the sidewalk will be in the customary manner. Ms. Coles said the funding is $14,000 from IDP, $13,000 sidewalk program and property owners, and $73,000 from Water 179 July 3, 2007 and Sewer and Street and Facility divisions. Ms. Coles noted the area is presently referred to as "restaurant row". Chair's Report Mr. Joseph shared a letter received from the New York State Commission on Local Government Efficiency and Competitiveness stating that the three initiatives submitted by the County have undergone a preliminary review and are believed worthy of receiving State assistance. These projects include: (1) consolidation of justice courts in the County into a single -district or multiple -district court; (2) the shared service grant received to create a healthcare consortium to provide health insurance for public employees throughout the County, indicating a desire to have the State assist to remove barriers by possible amendments to present laws; and, (3) a smart growth proposal to implement the comprehensive plan calling for nodal development and smart growth practices, and included requesting the State follow through on its previous work of dredging the inlet, relocation of the State Department of Transportation, and completion of the Black Diamond Trail. Included within the letter were comments relating to the initiatives acting as a model to be replicated elsewhere. Mr. Joseph noted the response from the State was very quick as well as positive. Report from the County Administrator Mr. Whicher expressed appreciation to Mr. Joseph for sharing the letter received. He expressed his appreciation to Mr. Marx and the Administration staff that worked on putting together the package referenced in the letter. Mr. Whicher has requested the budget schedule be delayed one week to provide additional time to work with departments. He is attempting to undertake a 3-5 year trend analysis that is assisting in calling attention to particular areas of departmental budgets. As a result, departments are able to find funds in their budget to place back in the General Fund, which he appreciates. Mr. Whicher said he remains slightly optimistic with regard to meeting the goal set by the Legislature and will do everything possible through financial budgeting versus program cuts, however, if he is unable to meet the goal he will make recommendations for things not normally included in the process. Ms. Robertson requested an electronic copy of the document sent to the New York State Commission on Local Government Efficiency and Competitiveness. In response to Mr. Proto's request for an update on the State Wide Communication Network Project, Mr. Whicher stated he spoke to Hanford Thomas this morning regarding the project. At this time Mr. Thomas had not heard from his vendor but indicated he will be working to move forward toward entering into an agreement with Tompkins County. Mr. Whicher found Mr. Thomas to be encouraging and supportive; he will continue the conversation on Tuesday and anticipates it will be for the same amount of funding as budgeted last year. Report from the County Attorney Mr. Wood had no report. In response to Ms. Kiefer's inquiry regarding Financial Disclosure forms, it was stated that at this time there are two outstanding forms. Upon review he will report his findings to the full Legislature. He does not anticipate any problems. Report from the Finance Director Mr. Squires reported he would be hosting the New York State County Treasurer's meeting in Ithaca during July. This meeting will showcase a number of county -specific items including economic development in community banks, uniform assessment, countywide assessment, technologies utilized that are unique to Tompkins County, and an Ithaca College professor will be speaking on the Tompkins 180 July 3, 2007 County Economic Model. In addition, the GASBY 45 requirements and other pertinent financial items will be discussed. 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 Ms. Mackesey, and unanimously adopted by voice vote by members present, to approve the following resolution(s) under the Consent Agenda: RESOLUTION NO. 121 - DESIGNATION OF TOURISM PROMOTION AGENCY FOR STATE FISCAL YEAR 2007-2008 MOVED by Mr. Proto, seconded by Ms. Mackesey, 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 appropriate agency representatives, and WHEREAS, the Strategic Tourism Planning Board feels qualified to make a recommendation of the best agency to have the TPA designation, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the designation of the TPA for State Fiscal Year 2007-2008 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 II -20 RESOLUTION NO. 122 — AUTHORIZATION TO CONTRACT WITH TOMPKINS COUNTY AREA DEVELOPMENT FOR TOURISM CAPITAL GRANTS PROGRAM MOVED by Mr. Proto, seconded by Ms. Mackesey, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the County has provided funding for tourism entirely from the Room Occupancy Tax account, and the County Legislature appoints members to the Strategic Tourism Planning Board (STPB) to make recommendations concerning expenditures from that account, and WHEREAS, the Tompkins County Legislature approved an increase in the Room Tax in 2001 to support the development of tourism products and attractions, among other objectives, including the funding of feasibility studies, seed money, or funding for tourism capital projects, and WHEREAS, the STPB also recognizes the need to encourage the development of tourism products and attractions through the Tourism Capital Projects Grant Program, in order to increase the tourism business in the County, and to increase the income from the Room Occupancy tax, and 181 July 3, 2007 WHEREAS, the STPB has recommended that Tompkins County Area Development (TCAD) continue to administer the Tourism Capital Projects Grants process that has a program budget of $110,000 for 2007, and WHEREAS, STPB will be responsible for recommending grants from this program to the appropriate Legislative committee, and TCAD will administer the application process, will review and analyze the feasibility and economic impact of a project, will provide oversight for each project, and provide such analysis with recommendations to the appropriate Legislative committee, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the County Administrator or his designee is authorized to sign an agreement with TCAD pertaining to this program, RESOLVED, further, That, of the total program amount of $110,000, up to $11,000 (10 percent of program expenditures) shall be paid to TCAD for administrative evaluation and oversight services, RESOLVED, further, That the Planning, Development, and Environmental Quality Committee or its successor is authorized to recommend expenditures be made from this Program Account, with the understanding that such expenditures shall be subject to the approval by the Tompkins County Legislature. SEQR ACTION: TYPE II -20 Approval of Appointment Under the Consent Agenda It was MOVED by Mr. Proto, seconded by Ms. Mackesey, and unanimously adopted by voice vote by members present to approve the following appointment(s): Air Services Board Edward Marx — Commissioner of Planning and Public Works; term expires December 31, 2009 Report from the Government Operations Committee Mr. Stevenson, Chair, reported that the Committee would meet on July 13th at 2:00 p.m. At that time a demonstration of the Imagemate program that provides assessment information on the internet will occur. The Committee has been having a good deal of discussion regarding what to provide on the internet. In response to Mr. Proto's question, no decisions have taken place regarding amending present policy; a comparison of Imagemate Advanced versus Basic will be reviewed. Report and Presentation of Resolution(s) from the Planning, Development, and Environmental Quality Committee Ms. Robertson, Chair, thanked Ms. Mackesey for providing the Committee report at the last Legislature meeting. The Committee has not met since the last meeting, it will meet next on Monday, July 9th RESOLUTION NO. 123 - AWARD OF TOURISM CAPITAL GRANTS FROM ROOM OCCUPANCY TAX FUND MOVED by Ms. Robertson, seconded by Mr. Dennis, and unanimously adopted by short roll call vote. RESOLUTION ADOPTED. WHEREAS, the Tompkins County Tourism Program includes Tourism Capital grants and Tompkins County Area Development (TCAD) administers the Tourism Capital Grants Process, which includes designing the application process, reviewing and analyzing the feasibility and economic impact of tourism projects, and providing oversight for tourism projects, and 182 July 3, 2007 WHEREAS, funding exists within the Room Tax Occupancy budget for Tourism Capital Grants, and WHEREAS, TCAD reviewed the following projects with the Strategic Tourism Planning Board (STPB), and the STPB anticipates that the following project will encourage the development of tourism products and attractions in order to improve community assets, to increase the tourism business in the County, and to increase the income from the Room Occupancy tax, and the following grant award has been reviewed and recommended by the STPB, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee and the Budget and Capital Committee, That the County Administrator or his designee is authorized to sign all documents related to this project: Entity Project Historic Ithaca — State Theatre: Phase 2 Renovations Reinstate the 2003 State Theatre Multi-year Tourism Capital Grant Paid in 2003 Paid Year 2004 2005 2006 (Year 1/5) (Year 2/5) (Year 3/5) (Year 4/5) $25,000 $25,000 $25,000 $25,000 RESOLVED, further, That the Director of Finance be authorized and directed to make the following appropriation from the Room Tax Reserve: From: 0980.0000 Room Tax Reserve Fund Balance $50,000 To: 6475.54625 Program Expense $50,000 SEQR ACTION: TYPE II -20 RESOLUTION NO. 124 - APPROVAL OF AMENDMENT TO CONTRACT FOR BEAUTIFICATION, SIGNAGE, AND PUBLIC ART PLAN ENHANCEMENT MOVED by Ms. Robertson, seconded by Mr. Proto. Mr. Hattery inquired whether the work done through this program is countywide and was informed that it is. He then noted it appears that by undertaking the responsibility for these plantings, including watering, it would not provide any incentive for the local municipality to take responsibility in any fashion. Mr. Dennis noted the cost of the vehicle may in fact come in less than the $12,500. Mr. Proto said Mr. Hattery's comments raise an interesting question. He also noted that individuals have previously raised concern with regard to the amount of funds for the program spent in the City versus outlying areas. Mr. Proto asked if this vehicle would be used throughout the county, relieving some of the responsibility from the volunteers that are presently undertaking the task of watering the gardens. Mr. Dennis noted it would be used countywide for the areas associated with the program. In addition the vehicle will have appropriate signage to signify it is a part of the Beautification program. A short roll call vote resulted as follows: Ayes — 10; Noes — 1 (Legislator Hattery); Excused — 4 (Legislators Booth, Herrera, Randall, and Shinagawa). RESOLUTION ADOPTED. WHEREAS, the 2007 budget authorized spending $102,731 from the Room Tax Fund for the County Beautification, Signage, and Public Art Plan to further the County's tourism program, and WHEREAS, the scope of services for the Beautification, Signage, and Public Art Plan requires expertise in the area of landscape planning and architecture that is possessed by staff at Cooperative Extension and other sub -contractors of the Chamber of Commerce, and WHEREAS, the Chamber of Commerce wishes to lead this project to completion by accepting the revenue to contract out the work with those who have expertise in this area, and WHEREAS, there is a desire to enhance the existing program by purchasing a watering truck for an efficient use of labor and immediate impact on plantings, now therefore be it 183 July 3, 2007 RESOLVED, on recommendation of the Planning, Development, Environmental Quality Committee and the Budget and Capital Committee, That the County Administrator or his designee is authorized to execute an amendment to the Chamber of Commerce tourism promotion contract for $12,500 to purchase a watering truck for the use of the Beautification Program which will be owned by Cornell Cooperative Extension, RESOLVED, further, That the Director of Finance be authorized and directed to make the following appropriation from the Room Tax Reserve: From: 0980.0000 Room Tax Reserve Fund Balance $12,500 To: 6475.4620 Beautification, Public Art & Signage $12,500 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 June 25th. He said that a second draft of the proposed calendar for the expanded budget committee meetings is in mailboxes. He reminded Committee Chairpersons that this is an opportune time to request reports on issues and concerns from departments. He said the twenty-year capital plan was reviewed, with roll-out variations to level the expenditures toward one percent of the tax levy to be used for capital projects. Mr. Koplinka-Loehr reported that Administration is reviewing a fringe rate proposal that would centralize this expense in an effort to save time of reviewing each department's budget lines. A resolution regarding this proposal will be coming forward for consideration. RESOLUTION NO. 125 — BUDGET ADJUSTMENT AND APPROPRIATION OF UNSPENT GENERAL FUNDS FROM 2006 TO VARIOUS ACCOUNTS MOVED by Mr. Koplinka-Loehr, seconded by Mrs. McBean-Clairborne. Ms. Robertson said it is necessary to pull the Planning Department's $25,000 since it was not acted on at Planning, Development, and Environmental Quality Committee. Mr. Proto agreed, and also referred to a County Clerk item. Ms. Mackesey said she would not support the resolution based on how rollover funds are administered. She feels the Legislature relies heavily on the County Administrator to guide the process, and she said that the Legislature does not always follow his advice. Although she recognizes it is the Legislature's right to reject the County Administrator's advice, the manner the process is set up does not allow all Legislators to have a clear understanding of how Mr. Whicher's determination was made. Ms. Kiefer agreed with Ms. Mackesey's comments about not having a complete understanding of the decision-making process regarding rollover funds and for that reason may not support the resolution noting she is not on the Public Safety Committee and would like to understand why there was a split vote at that Committee. She referenced the Personnel Department's request for a vehicle under State contract and said it was her understanding that the amount is for a specific vehicle that was in question and since there is a less expensive alternative she is hesitant about voting for it at the higher amount. Mr. Koplinka- Loehr said the Personnel Committee and Budget and Capital Committee both requested that prior to a purchase the request is to come to the Committee for final approval. It was MOVED by Ms. Kiefer, seconded by Mr. Proto, to remove the Personnel Department rollover request in the amount of $25,324 from the resolution pending the possibility of have a specific dollar amount. Mr. Dennis asked if the figure within the resolution represented the basic vehicle versus the hybrid. Mr. Whicher noted the reason he did not approve the Ford Escape four-wheel drive hybrid vehicle in the amount of approximately $25,000 for the department is due to the low -mileage (8,000 annually). Mr. Whicher said that purchasing a hybrid vehicle would be a better choice for a department with higher mileage as the carbon imprint would be minimal savings if it was used in the Personnel Department. Mr. Sigler asked if committees are examining rollover as mentioned by Ms. Mackesey. Mr. 184 July 3, 2007 Joseph ruled the discussion was out of order as it was not a discussion related to the amendment motion on the floor. A voice vote on the motion to amend the resolution by removing the Personnel Department request in the amount of $25,324 resulted as follows: Ayes — 5 (Legislators Kiefer, Mackesey, Proto, Robertson, and Sigler); Noes — 6 (Legislators Dennis, Hattery, Joseph, Koplinka-Loehr, McBean- Clairborne, and Stevenson); Excused — 4 (Legislators Booth, Herrera, Randall, and Shinagawa). AMENDMENT FAILED. With regard to rollover policies, Mr. Koplinka-Loehr said every year it is reviewed for the same type of questions being raised today. He said the issues Ms. Mackesey raised are not specific to the rollover policy but how to utilize the Administrator's recommendations in the process. Ms. Kiefer stated she believes it would be worthwhile to share all the rollover information with the entire Legislature to be informed. Mr. Hattery spoke of his votes at the Committee level specifying he feels rollover should be used for investments that provide services or save money. He is at odds with the current rollover policy and believes there are items that should be included in the regular budget. Mr. Hattery also said that when a recommendation for a reduction occurs he would like to see where the Administrator believes it should be. Mrs. McBean-Clairborne felt at this point the Departments should not be penalized and any change to policy could occur prior to next year. A short roll call vote on the resolution resulted as follows: Ayes — 9 (Legislators Dennis, Hattery, Joseph, Koplinka-Loehr, McBean-Clairborne, Proto, Robertson, Sigler, and Stevenson); Noes — 2 (Legislators Kiefer and Mackesey); Excused — 4 (Legislators Booth, Herrera, Randall, and Shinagawa). RESOLUTION ADOPTED. WHEREAS, various departments have been certified by the Director of Finance to have unspent appropriations and excess revenues from 2006 resulting in a surplus of $1,362,865 on the County's books as of December 31, 2006, and WHEREAS, pursuant to County Fiscal Policy, surplus funds have been requested for use in the amount of $1,138,132.00 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 TO: Assigned Counsel New phone system to replace 16 year old system that is failing Assigned Counsel Service contract for copier just purchased 1170 52220 1170 54425 $ 1,138,132.00 Requested R©Ii©ver $1,300.00 $476.00 $1,776.00 County Clerk Archives grant completion - scanning backfiled land records into EDMS (Challenge Industries is vendor) $17,407 Microfilming of civil papers - $3,500 (Challenge), conversion of microfilm to digital images - $14,200 (Challenge), and microfilm duplication - $12,000 (Challenge) $29,700 Inventorying and scanning archival records in Records Center $10,000 County Clerk Installing shelving for off-site records in Records Center 185 1410 54442 $57,107.00 1410 52210 $15,000.00 DEPT County Clerk July 3, 2007 Blade Server (to replace Novell server, SQL server & web server) $50,000 Additional public access computer terminals in Clerk's Office $8,000 Account 1410 52206 Requested Rol lover $58,000.00 $130,107.00 District Attorney Emergency Response Emergency Response Emergency Response Emergency Response Emergency Response Increase half-time Assistant District Attorney to full-time 1165 51000228 Maintenance, Communications Systems 3410 54311 3410 54425 3410 54400 3410 52222 Program Expense- Training Program Development/OHS 3410 54400 Grants Service Contract- Positron Phone System, Late Billing from '06 Program Expenses- Emergency Management, Granted 12/06 Communications Equipment- Grant Monies Carried Over $25,866 $6,247.70 $34,209.00 $28,950.30 $20,000.00 $40,000.00 $129,407.00 Facilities Division Facilities Division Replace a total of 8 computers for administrative, supervisory, & support staff. Replace a 10 -year old maintenance van. Health Department Human Rights Commission Human Rights Commission Human Rights Commission Giveback to offset the deficit of $21,113 1620 52206 1620 52231 4047 54440 $6,800.00 $16, 887.00 $23,687.00 $3,482.00 Training and Development is to complete mandatory human rights training and to continue legal education. Project Assistant to assist with case work and education outreach. Office Supplies to offset the increase in education outreach 8040 54412 8040 51000049 8040 54303 $3, 000.00 $5, 577.00 $1 500.00 $10,077.00 Information Technology Services Information Technology Services Clarity Connect (Internet Service Provider -Upgrade of service Purchase of used vehicle from Sheriffs Department Legislature Professional Services - scanning and printing of Journal of Proceedings 1680 54425 1680 54306 1040 54442 $6, 300.00 $5,000.00 $11, 300.00 $20, 000.00 Office for the Aging To reimburse volunteers for mileage in Ombudsman Program 6798 54414 $1, 000.00 Personnel Department Purchase a vehicle for the Central Services program. 1346 52231 $25, 324.00 Planning Department Planning Department Housing surveys LIDAR grant match 8020 54442 8020 54400 $15, 000.00 $7, 000.00 $22,000.00 Probation Probation Administrative Assistant (salary increase for increase in weekly hours from 35 to 40 To purchase one LaserJet Printer 4250DTN Q5403A#ABA with HP 75 Envelope Feeder Q2438B & 3 Year NBD Onsite Warranty Upgrade (replacement of old printer used by Sr. POs at CJC) 186 3141 51000535 3142 51000535 3142 51000513 3141 51000513 3142 51000529 $562.00 $2,246.00 $1,653.00 $413.00 $1,927.00 DEPT Probation Probation Probation Probation Probation July 3, 2007 Fringes for salary increases for the four positions Local Mileage (cost trend higher than anticipated) Fringes for salary increases for the four positions Local Mileage (cost trend higher than anticipated) To purchase (to replace old equipment) two HP Desktop Computers DC5700 SFF PC KIT (RT792UT) with HP Monitors L1706 17 -inch LCD (PX849A) Account 3141 51000529 3142 51000507 3141 51000507 3141 52206 3141 58800 3141 54414 3142 58800 3142 54414 3142 52206 Requested Rol lover $482.00 $1,571.00 $393.00 $2,073.00 $722.00 $500.00 $2,884.00 $1,200.00 $1,796.00 $18,422.00 Sheriffs Office Sheriffs Office Sheriffs Office Sheriffs Office Sheriffs Office Sheriffs Office Sheriffs Office Sheriffs Office Sheriffs Office Sheriffs Office New glock weapons with holsters, nightsights and attached lights to replace aging weapons and give deputies an additional tactical advantage. approx.$800.00 x 27 Added cost of gasoline and auto supplies, i.e. tires and flares Training for tasers, first phase New 4 X 4 ATV vehicle for use in rescue and search operations, evidence collection and special patrols. Additional enhanced training funds (approx 20 eight hour shifts at OT rate and fringes) Added money for enhanced traffic patrols (approx. 34 eight hour shifts of additional patrol OT and fringes) New computers and servers for needed replacement above and beyond budget allocation. Joint SWAT/tactical team equipment and supplies that have never been budgeted but are needed to enhance the safety, operation and mission of the SWAT team Tasers and supplies for all sworn law enforcement officers to have another less than lethal choice to use in continuum of force. This will increase safety and should assist with helping to reduce serious injuries and further allow us another tool to avoid, if possible, the need for deadly physical force. Surveillance equipment to enhance crime solving capability 3113 52222 3113 54306 3113 512000049 3113 52231 3113 512000049 3113 512000049 3113 52206 3113 52222 3113 52222 3113 52222 $21,600.00 $20,697.00 $10,000.00 $11,000.00 $8,800.00 $15,000.00 $12,000.00 $12,000.00 $40,000.00 $8,500.00 $159,597.00 Social Services, Department of The department will return all rollover to the general fund. $550,989.00 Weights and Measures I would like to purchase a new 6' X 12' enclosed trailer for my 100gal. prover. It is currently setting on a very old, not road worthy, open utility trailer setting out in the weather. 3630 52220 $3,011.00 Youth Services Department Recreation Partnership reserve fund needs to be accessible in 2007 if needed, per intermunicipal agreement. 7021 54400 $2,087.00 SEQR ACTION: TYPE II -20 187 July 3, 2007 Report from the Public Safety Committee Mrs. McBean-Clairborne, Chair, said the Committee would meet on July 20th. She did not have a report, however, called attention to the recent altercation occurring in Dryden when an individual resisted arrest by repeatedly striking public safety vehicles. She would like individuals to be aware of the dangers our public safety officers face during the course of their employment. Report from the Workforce Diversity and Inclusion Committee Mrs. McBean-Clairborne, Chair, reported the Committee met on June 27th and held an in-depth discussion regarding the marketing plan and how to utilize the approved funds. She said some thoughts that were noted during the discussion for utilizing funds included: the possibility of hiring a Project Assistant, and developing an Inclusion Resource Library. In addition, it was noted that outside agencies the County contracts with as well as other County services such as the Library, Airport, Solid Waste Facility, and conference rooms should all be provided with the Diversity Statement and materials. Mrs. McBean-Clairborne indicated the Diversity Statement and Logo have been meeting with very positive responses. At the meeting the Committee selected a Vice Chair, Shawn Martel -Moore. Mrs. McBean- Clairborne reported the Civil Service Subcommittee will be meeting and is in the process of attempting to receive approval from the State for a pilot to allow civil service examinations to be a pass/fail system versus the present requirement of choosing one of the top three candidates for positions. Ms. Kiefer inquired whether the pilot would be through a County department and was informed it would be. Although it would require State permission to do so there have been discussions between department heads and colleagues at the State level. Mr. Koplinka-Loehr said the Diversity Logo would be utilized by the County team wearing T- shirts during the upcoming Dragon Boat Festival. Mrs. McBean-Clairborne spoke of other uses of the logo, noting the possibility of using it on the televised broadcasts of Legislature meetings, and on gateway signs. She said that although the gateway signs are already in production, the possibility of having a secondary sign has been discussed. The next meeting will occur on July 25, 2007. Report from the Health and Human Services Committee Mr. Sigler, Vice Chair, reported the Committee has not met since the last meeting. The next meeting will be on July 18th Report from the Health Department Building Committee Mr. Proto, Chair, reported the Committee will be meeting on July 12th. He has requested that all Legislators receive a copy of the Health Department staff comments relating to the pros and cons of the potential sites for the department. Report from the Facilities and Infrastructure Committee Ms. Kiefer, Vice Chair, reported that two members of the Legislature attended the annual Highway Road Tour on June 21. At the June 26th meeting, the Committee reviewed the Project Approval Request forms. Mr. Marx provided an update of the Air Service Board. Following the Request for Qualifications and review process, Courtney Consulting will be working with the airport to complete an in-depth market study. The Committee also heard that the Transportation Security Administration has informed the airport that they will be amending their contractual obligation which will create a shortfall in the airport budget of approximately $100,000 due to reduced reimbursement rates on a mandated service. 188 July 3, 2007 Ms. Kiefer said that Mr. Potter, Information Technology Director, provided information regarding the Committee Goal #1 — investigating the possibility of countywide Broadband Services. The Committee will be having a presentation by a Rochester firm regarding this goal. Mr. Joseph noted that the Federal government requested cooperation to provide airport security, yet it is costing the County more to do so. Mr. Dennis indicated he feels it is appropriate to let the Federal government know our displeasure with the proposed amended agreement. Report and Presentation of Resolution(s) from the Personnel Committee Mr. Dennis, Chair, reported the Committee would meet on July 11th. Since their last meeting there have been scheduled negotiation meetings with the Blue and White Collar Units as well as Road Patrol. Mr. Dennis anticipates the Committee goals will be completed and approved at the next meeting. He reported that volunteers are being selected to sit on the special committee for the selection of a new County Administrator he was appointed to Chair. RESOLUTION NO. 126 - AUTHORIZING TOMPKINS COUNTY TO PAY THE DIFFERENCE IN PAY BETWEEN MILITARY PAY AND BASE COUNTY SALARY TO COUNTY OFFICERS AND EMPLOYEES WHILE PERFORMING ORDERED MILITARY DUTY MOVED by Mr. Dennis, seconded by Mr. Hattery, and unanimously adopted by voice vote by members present. RESOLUTION ADOPTED. WHEREAS, the New York State Military Law provides certain rights to public officers and employees absent on military duty as members of Reserve Forces or Reserve components of the Armed Forces of the United States, and WHEREAS, County officers and employees on authorized military leave are entitled to all the rights and privileges set forth in said Military Law, and WHEREAS, despite the rights and benefits afforded by said Military Law, calls to active duty often impose financial hardship on those summoned and their dependents, and WHEREAS, by Resolution No. 313 of 2002 and Resolution No. 231 of 2004, this Tompkins County Legislature authorized the payment of supplemental benefits to County officers and employees called to serve their country following the September 11, 2001 attacks on the United States through December 31, 2005, and more recent decisions by the Federal Executive, and WHEREAS, there may be renewed need for activation of military personnel, now therefore be it RESOLVED, on recommendation of the Budget and Capital, the Government Operations, and the Personnel Committee, That effective January 1, 2007, through December 31, 2008, the Tompkins County General Fund will pay the difference between base County salary and military pay for up to 90 work days per calendar year, when the employee is called to active military duty. If military pay is equal to or in excess of County base salary, no payment will be made, RESOLVED, further, That the Director of Finance will establish and notify Department Heads and affected employees of the procedures by which the differential shall be paid. SEQR ACTION: TYPE II -20 RESOLUTION NO. 127 - ADOPTION OF REVISED ADMINISTRATIVE POLICY 03-15 MILITARY LEAVE MOVED by Mr. Dennis, seconded by Mr. Hattery, and unanimously adopted by voice vote by members present. RESOLUTION ADOPTED. WHEREAS, there is a need to update Administrative Policies pertaining to military leave for County employees, now therefore be it 189 July 3, 2007 RESOLVED, on recommendation of the Government Operations, the Personnel, and the Budget and Capital Committees, That the following Administrative Policy is hereby revised: 03-15 Military Leave SEQR ACTION: TYPE II -20 Approval of Minutes of June 19, 2007 It was MOVED by Mrs. McBean-Clairborne, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, to approve the minutes of June 5, 2007, as corrected. Adjournment On motion, the meeting adjourned at 6:50 p.m. 190 July 17, 2007 Regular Meeting Call to Order Mr. Joseph called the meeting to order at 5:30 p.m. Pledge of Allegiance to the Flag and Roll Call of Members Members and guests participated in the Pledge of Allegiance to the Flag. Present: 15 Legislators. Privilege of the Floor by the Public No member of the public wished to speak. Privilege of the Floor by Legislators Mr. Dennis, District No. 15 Legislator, announced the Grassroots Festival will take place this weekend in the Town of Ulysses. He said this festival will bring more than 20,000 people to Tompkins County to listen to over 80 bands and encouraged everyone to attend. Ms. Mackesey, District No. 1 Legislator, reported USA Today listed the Grassroots Festival as one of the top ten music festivals in the United States. Mr. Proto, District No. 7 Legislator, asked everyone to review their most recent NYSEG (New York State Electric and Gas) bill and check the upper right-hand corner of the document for the designation category. This will tell whether fixed rate or flexible option was selected. He said since letters were mailed NYSEG has arbitrarily changed the selection and suggested the public should make sure they are in the option they selected. Ms. Kiefer, District No. 10 Legislator, announced tomorrow is Nelson Mandela's 89th birthday. She said there will be a week long celebration in Johannesburg and a launching of a humanitarian campaign that will include former President Carter and Kofi Anan to create a Council of Elders to tackle global issues, such as conflict, AIDS, and global warming. She said it is good to recognize that there are international people who can be considered as "elders" and from whom the world can benefit when they turn their attention to problems that everyone faces. Ms. Robertson, District No. 13 Legislator, reported Cooperative Extension will host a workshop on July 24th at noon for the public on ways to save on electric bills. Ms. Robertson also reported Tompkins Community Action will be opening a new supportive housing facility for families on Corn Street. An open house will take place from 4 p.m. to 6 p.m. on August 2nd to celebrate the opening of this facility. This apartment acquisition and rehabilitation was funded by a $1.2 million grant through the Homeless Housing Assistance Program through the State Office for Temporary and Disability Assistance. Mr. Shinagawa, District No. 4 Legislator, thanked participants and supporters for attending the second annual Finger Lakes International Dragon Boat Festival this past weekend. He said the County's team came in sixth out of seven community teams and put forth a good effort. He said there was twice as many out-of-town teams participating this year. Mr. Shinagawa said in the local recreational races, the Ithaca Police Department (Ithaca 5-0) came in first place. The Team won $1,000 and chose to donate to it 191 July 17, 2007 back to the Ithaca Dragon Boat Club and the Ithaca Asian -American Association to continue the Dragon Boat Festival. Mr. Shinagawa also reported on an event that is being sponsored by the Women's Community Center and the Chamber of Commerce. He said there will be a presentation on resources available to business owners in New York State presented by the Commissioner of the New York State Department of Labor from 4 p.m. to 6 p.m. on Tuesday, July 24th Addition of Resolution(s) to the Agenda On motion and duly seconded and unanimously adopted by voice vote, the following resolutions were added to the agenda: Making a Negative Declaration of Environmental Significance in Relation to Resolution No. 129 of 2007; and Authorizing a Contract with the Tompkins County Soil and Water Conservation District to Implement Flood Hazard Mitigation Program Projects Report and Presentation of Resolution(s) from the Planning, Development and Environmental Quality Committee Ms. Robertson, Chair, reported the Committee met on July 9 and again today. The Committee heard from a number of departments and agencies about budget projections for 2008. Ms. Robertson called attention to a report provided by Julia Mattick, Director of Workforce Development, on a new State law that pertains to Workforce Investment Boards. The new law states that Public Authorities such as the Industrial Development Agency cannot fund a Workforce Investment Board directly as was done in 2007. She said this loss in funding would mean a shortfall in the 2008 Workforce Investment Board budget in the amount of $70,000. Ms. Robertson also reported the Committee approved the Tourism Budget for 2008, and noted an increase in room bed -night revenue is projected. Mr. Proto spoke of the resolutions concerning the Flood Hazard Mitigation Program that will follow and asked Ms. Robertson to speak to the issue of concerns of property owners and how this is being addressed. Ms. Robertson said at a previous committee meeting it was recognized that there needed to be a way for citizens to be able to raise concerns and be considered for assistance in dealing with potential flooding issues that may arise. Mr. Marx, Commissioner of Planning and Public Works, said there is agreement to accept referrals from any Legislator who is approached by a member of the public about an issue along a stream corridor that involves flooding, erosion, or other problems. He said staff will work with the Technical Committee to ascertain the nature of the problem and make a determination of whether it can be addressed through a project appropriate to this program. He said if so, the project would be defined so that it can be placed on the list for consideration by the Technical Committee, with a recommendation for action in the future. Mr. Booth said in trying to control erosion in one place it is very easy to cause erosion in another place. He stated as these projects move forward he would like to make sure the County is not putting significant amounts of money into preventing erosion in one place only to cause erosion in another. Mr. Marx said these projects are specifically designed and selected with that in mind. RESOLUTION NO. 128 - MAKING A NEGATIVE DETERMINATION OF ENVIRONMENTAL SIGNIFICANCE IN RELATION TO RESOLUTION NO. 129 OF 2007 MOVED by Ms. Robertson, seconded by Ms. Mackesey, and unanimously adopted by voice vote. 192 July 17, 2007 WHEREAS, in Resolution No. 129 of 2007 the County authorizes an agreement with the Tompkins County Soil and Water Conservation District to implement several flood hazard mitigation projects, and WHEREAS, the Tompkins County Legislature has reviewed and accepted as adequate a set of Environmental Assessment Forms with respect to the action, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That Resolution No. 129 of 2007 is an unlisted action, RESOLVED, further, That the Tompkins County Legislature hereby makes a negative determination of environmental significance in regard to Resolution No. 129 of 2007. SEQR ACTION: Unlisted (Short EAF on file in the office of the Clerk of the Legislature) RESOLUTION NO. 129 - AUTHORIZING A CONTRACT WITH THE TOMPKINS COUNTY SOIL AND WATER CONSERVATION DISTRICT TO IMPLEMENT FLOOD HAZARD MITIGATION PROGRAM PROJECTS MOVED by Ms. Robertson, seconded by Mr. Stevenson, and unanimously adopted by voice vote. WHEREAS, the Tompkins County Legislature re-established the Flood Hazard Mitigation Program in 2006, and WHEREAS, the Tompkins County Legislature provided funding for the Flood Hazard Mitigation Program in the amount of $25,000 in 2007, and WHEREAS, the Technical Committee for the Flood Hazard Mitigation Program has identified several projects to be funded through the Flood Hazard Mitigation Program, and WHEREAS, the Tompkins County Soil and Water Conservation District is prepared to undertake the projects identified by the Technical Committee, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the County Administrator or his designee be authorized to execute a contract with the Tompkins County Soil and Water Conservation District, in an amount not to exceed $25,000, to implement the projects identified by the Flood Hazard Mitigation Program Technical Committee, RESOLVED, further, That by October 30, 2007, the Planning, Development, and Environmental Quality Committee will receive a status report from the Soil and Water Conservation District. SEQR ACTION: Unlisted (Short EAF on file in the office of the Clerk of the Legislature) RESOLUTION NO. 130 — RESOLUTION OF THE TOMPKINS COUNTY LEGISLATURE, AS THE OFFICIAL ELECTED LEGISLATIVE BODY OF TOMPKINS COUNTY, NEW YORK, IN ACCORDANCE WITH SECTION 147(F) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED (THE "CODE"), APPROVING A CERTAIN PROJECT TO BE UNDERTAKEN BY THE TOMPKINS COUNTY INDUSTRIAL DEVELOPMENT AGENCY FOR THE BENEFIT OF CAYUGA MEDICAL CENTER AT ITHACA, INC. MOVED by Ms. Robertson, seconded by Mr. Proto. A short roll call vote resulted as follows: Ayes — 15, Noes — 0. RESOLUTION ADOPTED. 193 July 17, 2007 WHEREAS, the Tompkins County Legislature (the "Legislature"), as the official elected legislative body of Tompkins County, New York (the "County"), has been advised by the Tompkins County Industrial Development Agency (the "Agency") that, in order to assist in the financing of a certain Project (as defined below) for the benefit of Cayuga Medical Center at Ithaca, Inc., a not-for-profit corporation duly formed and validly existing under the laws of the State of New York (the "Company"), the Agency proposes to provide financial assistance to the Company with respect to the Project (collectively, the "Financial Assistance") in the form of (A) the acquisition or leasing of the Equipment with the rental payments to the Lender to be exempt from taxation for federal income tax purposes, and (B) an exemption (to the extent not already exempt) from all New York State and local sales and use taxes with respect to the Equipment, and WHEREAS, Section 147(0 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 Agency of the Bonds, and WHEREAS, the project (the "Project") shall consist of (A) the acquisition of title to or other interest in certain medical and related equipment for installation at the Company's existing hospital facility located at 101 Dates Drive, Ithaca, New York (the "Facility"; such equipment more particularly described on a schedule attached to the Project application submitted to the Agency by the Company (the "Application") and hereinafter defined as "the Equipment") at a purchase price not to exceed $5,500,000; and (B) the leasing or subleasing by the Agency of the Equipment to the Company with the rental payments thereunder to be exempt from taxation for federal income tax purposes and to be assigned to Tompkins Trust Company (or other designated lender; hereinafter the "Lender") as payment for the acquisition price thereof pursuant to a lease agreement or other agreement to be negotiated (the "Lease Agreement"), and WHEREAS, the Project constitutes a "Type II" action under the New York State Environmental Quality Review Act, Article 8 of the Environmental Conservation Law and the regulations adopted thereto at 6 N.Y.C.R.R. §617 (hereinafter collectively referred to as "SEQR"), and WHEREAS, pursuant to Section 147(0 of the Internal Revenue Code of 1986, as amended (the "Code"), rental payments for the Equipment made by the Company to the Agency under the Lease Agreement and assigned by the Agency to the Lender will not be excluded from gross income for Federal income tax unless the Project is approved by the Tompkins County Legislature after a public hearing to consider the Project has been conducted following reasonable public notice, and WHEREAS, on July 9, 2007, the Agency held such a public hearing upon proper notice in compliance with the Code, and WHEREAS, to aid the Legislature in its deliberations, the Agency has made available to the members of the Legislature prior to this meeting (a) the Company's application to the Agency for financial assistance; (b) the notice of public hearing published by the Agency in the Ithaca Journal, along with the affidavit of publication of such newspaper; and (c) the minutes of said public hearing, 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 Project and the Financial Assistance; provided, however, that the Financial Assistance shall be a special obligation of the Agency and shall never be a debt of the State of New York (the "State") or any political subdivision thereof including, without limitation, the County, and neither the State nor any political subdivision thereof including, without limitation, the County, shall be liable thereon, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That: Section 1. For the purpose of satisfying the approval requirement of Section 147(0 of the Code, on the recommendation of the Planning, Development, and Environmental Quality Committee, the Legislature hereby gives its approval of the undertaking of the Project by the Agency and the providing by the Agency to the Company of the Financial Assistance; provided, however, that the Financial Assistance shall be a special obligation of the Agency and shall never be a debt of 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, 194 July 17, 2007 shall be liable thereon. This approval is given pursuant to Section 1470 of the Code for the sole purpose of qualifying the payments for the Equipment made by the Company to the Agency under the Lease Agreement 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 Agency and the holders of the Project indebtedness. Section 3. This Resolution shall take effect immediately. SEQR ACTION: TYPE II -20 RESOLUTION NO. 131 - URGING NEW YORK STATE TO EXTEND THE SUNSET DATE OF THE INDUSTRIAL DEVELOPMENT AGENCY CIVIC FACILITY LEGISLATION MOVED by Ms. Robertson, seconded by Mr. Proto. Ms. Herrera said it is her opinion that there are flaws in both the Assembly and Senate bills. A voice vote resulted as follows: Ayes — 15, Noes — 0. RESOLUTION ADOPTED. WHEREAS, Since 1992, the Tompkins County Industrial Development Agency (IDA) has issued over $338 million in tax-exempt bonds to eighteen projects, and this action has allowed twelve local not- for-profit employers to borrow money at lower interest rates for capital projects. These projects have resulted in the construction of over 1 million sq. ft. of space and the creation of hundreds of permanent new jobs. The local employers have included Ithaca Community Child Care, The Special Children's Center, George Junior Republic, Cayuga Medical Center, TC3 Foundation, Ithaca College, and Cornell University. The funds borrowed are not a financial obligation of the IDA or the County; they are the obligation of the employers, and WHEREAS, not-for-profit clients of the IDA have stated that the quick efficient issuing of their bonds, as provided by the local IDA, has helped their projects stay on time and within budget, and WHEREAS, in addition to assisting local employers lower the cost of borrowed capital and save time in completing major projects, the IDA's activity is a major source of fee revenue that, in turn, supports economic development in Tompkins County, and the clients themselves appreciate that the fees paid stay in the local community to support local economic development, and WHEREAS, the State law that allows the IDA to issue these tax-exempt bonds, commonly called Civic Facility legislation, sunset on June 30, 2007, and WHEREAS, both the State Assembly and Senate have introduced bills that would extend the Civic facilities legislation. One of the Assembly bills would add restrictions that would substantially restrict the IDA's ability to assist local not-for-profit employers, without regard for local economic conditions, and without requiring the New York State Dormitory Authority to comply with the same restrictions in issuing not-for-profit bonds. The other Assembly bill would only extend the legislation for seven months. The Senate bill would extend the legislation for two years, and WHEREAS, in order for local not-for-profit employers to determine whether proposed projects are financially viable, and because they make such decisions based on at least a two-year time frame, they need the Civic Facilities legislation to be reenacted immediately for at least two years while any changes to the program are fully explored and debated, and WHEREAS, Tompkins County Area Development (TCAD), the administrator of the IDA, is already working with local not-for-profit employers that are considering projects that would be constructed in the next twenty-four months, valued at over $100 million, now therefore be it RESOLVED, on recommendation of the Planning, Development, Environmental Quality Committee, That the Tompkins County Legislature urges the New York State legislature to reenact the current Civic Facilities Legislation for a minimum two-year period, and RESOLVED, further, That copies of this resolution be sent to New York State Senators James L. Seward, George H. Winner, Jr., and Michael F. Nozzolio, and to Assemblywoman Barbara S. Lifton. 195 July 17, 2007 SEQR ACTION: TYPE II -20 Chair's Report and Appointment(s) Mr. Joseph reported on a meeting he and Legislator Proto attended in Albany with the Governor's staff. A meeting was previously held with county executives and this meeting was being held with Chairs of County Boards and minority leaders from counties that do not have executives. Mr. Joseph said they met with the Governor's top staff and learned how the staff is organized. He explained that the Governor has a Secretary who is the equivalent of the Chief of Staff. The next level of people are all called Deputy Secretaries; therefore, the Deputy Secretary is the top person in various areas. Mr. Joseph said the meeting was with held with the Deputy Secretaries of many different departments and he found the meeting to be very informative. He said the message that was delivered was that they want to hear from counties and are open to listening to issues. Mr. Proto said he also found the meeting to be informative and worthwhile. They learned that a task force has been created to look at the Preschool Handicapped Children's Program monies with a report expected in November. He said the State has been divided into regions and Tompkins County's regional representative is Kevin McCabe who is located in Binghamton. A call has been placed to Mr. McCabe to establish a meeting time to discuss various issues. In addition, Marty Mack of Cortland and Deputy Secretary for Intergovernmental Affairs, is the State official who oversees regional representatives. Mr. Joseph said a packet of material from the presentation is on file in the Legislature Office. Report from the County Administrator Mr. Whicher said he also had an enjoyable time participating in the Dragon Boat Festival. He announced he received correspondence from the Statewide Wireless Network today and said they will be forwarding an agreement that will be very favorable to Tompkins County. Mr. Whicher requested an executive session to discuss contract negotiations later in the meeting. Report from the County Attorney Mr. Wood said he has reviewed the Financial Disclosure forms on file with the Clerk of the Legislature and all are complete. Report from the Finance Director Mr. Squires reported he received the second quarter sales tax information and receipts continue to track above the budget estimate. He said the last two consecutive quarters show a four percent growth. Mr. Squires reported five proposals have been received for the Deferred Compensation Plan and 100 responses to an employee survey have been received. He said three of these vendors will be called in for meetings in August. He encouraged Chairs of the Personnel and Government Operations Committees to attend these meetings and listen to the proposals. Withdrawal of Resolution(s) from the Agenda No resolution(s) were withdrawn from the agenda. Approval of Resolution(s) Under the Consent Agenda 196 July 17, 2007 It was MOVED by Mr. Booth, seconded by Ms. Mackesey, and unanimously adopted by voice vote, to approve the following resolution(s) under the Consent Agenda: RESOLUTION NO. 132 - BUDGET ADJUSTMENT — OFFICE OF EMPLOYMENT AND TRAINING MOVED by Mr. Booth, seconded by Ms. Mackesey, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, pursuant to Administrative Manual Policy 05-02 budget adjustments exceeding $5,000 require Legislative approval, now therefore be it RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee, That the Director of Finance be directed to make the following budget adjustment on his books: Office of Employment and Training Revenue Acct Title 6292.42797 Other Local Govt. Contributions 6292.42797 Other Local Govt. Contributions 6292.42797 Other Local Govt. Contributions 6292.42797 Other Local Govt. Contributions 6292.42797 Other Local Govt. Contributions 6292.42797 Other Local Govt. Contributions 6292.42797 Other Local Govt. Contributions 6292.42797 Other Local Govt. Contributions 6292.42797 Other Local Govt. Contributions 6292.42797 Other Local Govt. Contributions 6292.42797 Other Local Govt. Contributions 6292.42797 Other Local Govt. Contributions 6292.42797 Other Local Govt. Contributions Explanation: The Office of Employment and Training was awarded the contract for the TANF Summer Youth Employment program. The positions and related expenses will support that program. SEQR ACTION: TYPE II -20 Amt Approp Acct $ 13,242 6292.51000049 $ 12,371 6292.58800 $119,101 6292.51000051 $ 2,000 6292.54414 $ 1,500 6292.54400 $ 1,000 6292.54319 $ 300 6292.54452 $ 600 6292.54342 $ 400 6292.54330 $ 500 6292.54472 $ 400 6292.543 03 $ 300 6292.54414 $ 1,600 6292.52206 Title(s) Project Assistants Fringe Benefits JTPA Participants Local Mileage Program Expense Program Supplies Postage Food Printing Telephone Office Supplies Travel/Training Computer Equipment RESOLUTION NO. 133 - APPROPRIATION OF 2007-2008 STATEWIDE PLANNING AND RESEARCH BUDGET FOR THE ITHACA-TOMPKINS-COUNTY TRANSPORTATION COUNCIL 197 July 17, 2007 MOVED by Mr. Booth, seconded by Ms. Mackesey, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, Tompkins County serves as the Host Agency for the Ithaca -Tompkins County Transportation Council, the Metropolitan Planning Organization (MPO) for the Ithaca -Tompkins County area, and WHEREAS, the County has a contract with the New York State Department of Transportation (NYSDOT) to provide funding for the Ithaca -Tompkins County Transportation Council through grants provided by the Federal Highway Administration (FHWA) and Federal Transit Administration (FTA), and WHEREAS, the Ithaca -Tompkins County Transportation Council participates, along with all other New York MPOs, in a series of statewide planning initiatives under an award-winning program called the Shared -Cost Initiatives (SCI) which pools FHWA and FTA funds to accomplish joint activities, and WHEREAS, the Ithaca -Tompkins County Transportation Council will be hosting an SCI project for the first time during the 2007-2008 fiscal year, beginning April 1, 2007, and ending March 31, 2008, called Regional Transportation Plan Financial Planning, and WHEREAS, the New York State Department of Transportation (NYSDOT) has agreed to fund 50 percent of SCI projects using Statewide Planning and Research (SPR) funds during the 2007-2008 fiscal year, and WHEREAS, the Ithaca -Tompkins County Transportation Council has a Statewide Planning and Research (SPR) grant authorization from NYSDOT for its 2007-2008 fiscal year in the amount of $42,500 to be used for the SCI project, and WHEREAS, the Policy Committee of the Ithaca -Tompkins County Transportation Council has adopted resolution 07-3, APPROVAL OF THE 2007-2008 UNIFIED PLANNING WORK PROGRAM, which includes the Statewide Planning and Research Budget in the amount of $42,500 and directs the ITCTC Staff Director to execute and administer said budget, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the SPR budget for the Ithaca -Tompkins County Transportation Council, as presented in "ATTACHMENT A" to this resolution, be amended in the 2007 Tompkins County budget and that the County Finance Director be authorized to expend such funds for the period from April 1, 2007, through March 31, 2008. SEQR ACTION: TYPE II -20 ATTACHMENT A 2007-2008 ITCTC STATEWIDE AND RESEARCH BUDGET CODE DESCRIPTION 07/08 TOTAL .4959 REVENUES: FEDERAL AID 42,500 EXPENSES: .4486 SCI PROJECT 42,500 I TOTAL EXPENSES 42,500 198 July 17, 2007 RESOLUTION NO. 134 -URGING TRANSPORTATION SECURITY ADMINISTRATION (TSA) TO FULLY FUND ITS MANDATED LAW ENFORCEMENT OFFICER (LEO) PROGRAM AT THE ITHACA TOMPKINS REGIONAL AIRPORT MOVED by Mr. Booth, seconded by Ms. Mackesey, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, the terrorist attacks of September 11, 2001, created the need for greatly enhanced security screening at the nation's commercial service airports, and WHEREAS, among these enhanced procedures the Transportation Security Administration (TSA) determined that a need existed to have an armed law enforcement officer (LEO) present at all passenger -screening points during screening operations, and WHEREAS, in order to provide LEO screening point coverage for all flights departing the Ithaca Tompkins Regional Airport, the TSA signed a Reimbursement Contract with the County of Tompkins for the period June 1, 2003, through September 30, 2003, with an option to renew for a further four years through September 30, 2007, and WHEREAS, said contract reimbursed the County for personnel costs associated with providing said LEOs but contained no allowance for other sundry costs, and WHEREAS, said contract made provision for annual increases to allow for inflation but the TSA did not pay the inflation -indexed rate for the present final contract year, and WHEREAS, the TSA has proposed replacing said expiring Reimbursement Contract program with a Cooperative Agreement program that, due to the TSA's stated budgetary constraints, would further reduce the funding and only reimburse the County for approximately sixty-five percent (65%) of the LEO costs, resulting in an estimated shortfall averaging $100,000 per year for each of the five contract years, and WHEREAS, the total shortfall of more than $500,000 over the life of the new contract would drive up the airport's costs and severely compromise its ability to attract and sustain air service, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the Tompkins County Legislature does strenuously object to the continued under -funding of this mandated program, RESOLVED, further, That the County's Congressional Delegation be and hereby is urged in the strongest possible terms to exert its influence to increase funding for this program so that all LEO costs are fully reimbursed. SEQR ACTION: TYPE II -27 Report and Presentation of Resolution(s) from the Budget and Capital Committee Mr. Koplinka-Loehr, Chair, reported the Committee met on July 12. At that meeting the Committee reviewed the status of 2007 goals and concluded that substantial progress is being made and that over half are complete. RESOLUTION NO. 135 — CENTRALIZE FRINGE BENEFIT LINES MOVED by Mr. Koplinka-Loehr, seconded by Mr. Booth, and unanimously adopted by voice vote. WHEREAS, the County Administrator is recommending moving decentralized fringe accounts to a centralized fringe account to provide better financial management, and WHEREAS, a change from decentralized fringe accounts to centralized fringe accounts will not negatively affect a department's ability to receive reimbursements (i.e., DSS, Health, and Probation), and 199 July 17, 2007 WHEREAS, centralizing fringe accounts will result in a reduction of fringe levels by approximately $250,000, now therefore be it RESOLVED, on recommendation of the Budget and Capital Committee, That the County Administrator is directed to consolidate all fringe accounts into a single account for each fund, RESOLVED, further, That fiscal targets for all County departments be reduced by the 2007 budgeted fringe. SEQR ACTION: TYPE II -20 Report from the Health and Human Services Committee Mr. Shinagawa, Chair, reported the Committee will meet tomorrow and will discuss the Recreation Partnership agreement and will hear presentations from other departments, as well as consider a Contingent Fund request from the Drop -In Children's Center. Report from the Health Department Building Committee Mr. Proto, Chair, reported the next Committee meeting has been rescheduled for July 25th at 3:30 p.m. One of the reasons the meeting was rescheduled is to give the consultant and staff enough time to calculate current numbers and do comparisons of sites under review. Mr. Booth requested that comments submitted by employees at the Health Department be summarized and provided to all Legislators. Ms. Mackesey said comments submitted by employees are important and valuable; however, she would like to have a sense of the broader need, which would include seeing the numbers in terms of how many times Cayuga Medical Center was used. Ms. Robertson said just because something is presently done at Cayuga Medical Center doesn't mean it can only be done there. Some services may be able to be handled at the Convenient Care Center and those possibilities should be explored. Mr. Proto said in addition to staff comments, he has received letters from constituents and one from Kathy Zahler, the legislative liaison to the Dryden School Board. It was stated in the letter that many in the Dryden School District oppose a move of the Health Department to the former NYSEG site because they see it as the first step in removing the property in the tax rolls. Mr. Proto said if the Health Department were housed at that site it would not automatically remove it from the tax roll and wants to make sure the public has an accurate perception if any action is taken. Mr. Proto noted that access to the Racker Center is a newly surfaced consideration. Ms. Kiefer also noted that access to the City Center is too. Ms. Robertson stated that most people who go to the Department of Health are from the south and east parts of the County, which is also where most employees live. Mr. Joseph spoke of the difference in traveling to the proposed sites and stated he sees the difference between a walk or a drive to the hospital is more important than the difference between a five- minute drive and a seven -minute drive. Ms. Herrera spoke of employee comments she has reviewed and said a conservative estimate shows those who favor the Health Department to remain at the existing site greatly outweigh those in favor of moving. Report from the Public Safety Committee Mrs. McBean-Clairborne, Chair, had no report. 200 July 17, 2007 Report from the Workforce Diversity and Inclusion Committee Mrs. McBean-Clairborne, Chair, had no report. Report from the Facilities and Infrastructure Committee Ms. Herrera, Chair, reported the TCAT Budget presentation will be held on July 31st at 4 p.m. At the last meeting on July 10 the Committee took action on resolutions on the Consent Agenda, reviewed and approved PAR (Project Approval Request) forms that included single -stream recycling. The Committee discussed emergency generators, received a Sustainability Team update, and an Emergency Management update. Mr. Wood reported TCAT will temporarily be moving its Green Street bus shelter located near the Public Library, onto County property during construction. Report from the Personnel Committee Mr. Dennis, Chair, reported the Committee approved its 2007 goals. The Committee was also presented with a discussion and DVD by the Community Action Project. The project, through Leadership Tompkins, presented how they are televising information on Public Access about County Services. Report from the Government Operations Committee Mr. Stevenson, Chair, reported the Committee met on July 13 and received a demonstration of the Image Mate system that included an explanation of the differences in the basic and Advanced features. Mr. Stevenson said he reported to the Committee on correspondence he received from Senator Winner's Office in response to a letter he sent regarding real property tax exemptions for volunteer fire and ambulance personnel. One of the questions raised was could the County ask for in enabling legislation and could a qualifying individual receive that and still take advantage of the new Income Tax exemption for qualified fire and ambulance personnel. In Senator Winner's letter it was explained that the real property tax exemption is limited to $3,000 of assessed value and that one couldn't do both. Mr. Stevenson said this issue will no longer be pursued. He also reported the Committee received an update from the Sustainability Team. He asked members to stay after this meeting to discuss an alternate date for the next meeting. Approval of Minutes of July 3, 2007 It was MOVED by Ms. Kiefer, seconded by Mr. Proto, and unanimously adopted by voice vote, to approve the minutes of July 3, 2007 as corrected. MINUTES APPROVED. Recess Chair Joseph declared recess from 6:45 p.m. to 6:55 p.m. Executive Session It was MOVED by Mr. Dennis, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote, to enter into executive session at 6:55 p.m. to discuss collective bargaining. The meeting returned to open session at 8:00 p.m. Adjournment On motion the meeting adjourned at 8:00 p.m. 201 August 1, 2007 Special Meeting Call 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 (Ms. Kiefer arrived at 5:35 p.m.; Mr. Hattery arrived at 5:45 p.m.; Mr. Booth arrived at 5:47 p.m.; Mrs. McBean-Clairborne arrived 5:49 p.m.; Mr. Koplinka-Loehr arrived at 6:30 p.m.). Excused: 1 (Legislator Sigler). Mr. Joseph spoke of a meeting between Legislators and department heads that is being planned and said he has placed a survey on desks this evening with regard to what topics should be taken up at that meeting. He asked that responses be submitted by Tuesday, August 7th Executive Session It was MOVED by Mr. Dennis, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, to enter into executive session at 5:32 p.m. to discuss real estate negotiations. The meeting returned to open session at 8:30 p.m. Adjournment On motion the meeting adjourned at 8:30 p.m. 202 August 7, 2007 Regular Meeting Call 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 (Mrs. McBean-Clairborne arrived at 6:05 p.m.). Excused: 1 (Legislator Mackesey). Privilege of the Floor by the Public The following individuals spoke in support of the Drop -In Children's Center (DICC) resolution, most citing very positive personal experiences: • Elizabeth Stilwell, Director, Early Childhood Center at Cornell. Research shows subsidy for such day care is necessary. • Lynne Whetzel, Day Care Council, Helps families find day care, and DICC serves this important need. • Chris Pettograsso, Bald Hill Road • "Kieah" Donna Ficarso, City of Ithaca • Tamie Pushler, Freeville • Lynne Jackier, Drop -In Children's Center Director, noted increasing number of people who qualify for the lowest DICC fee. • Mona Tresner, City of Ithaca • Ruth Mahr, Judd Falls Road • Alex Ribeiro, Bishop Road • Lynn Lauper, Trumansburg • Rich Stearns, City of Ithaca • Valencia Gil, Fair Street • Joe Hassett, Route 96B • Raquel Marc ado, City of Ithaca • Pat Dolson, Ithaca • Stacy Northrup, City of Ithaca • Christi Jennings, Groton • Connie Dee -McCullough, Salem Drive Privilege of the Floor for the Public was extended to one other individual later in the meeting. [Mrs. McBean-Clairborne arrived at this time.] The following individuals spoke as representatives of the Tompkins County Public Library support staff employees who are concerned with contract negotiations and budgetary issues. • Kelly Doolittle, Locke • Beth Killheffer, Enfield Mr. Joseph stated he would request the resolution relating to the Drop -In Children's Center be acted upon following Privilege of the Floor by Legislators. 203 August 7, 2007 Presentation of Distinguished Youth Award Mr. Sigler, District No. 6 Legislator, presented the July 2007, Distinguished Youth Award to Robin Presthus. Mr. Presthus was nominated for the award by Isabel Bazaldua, Lansing Youth Program Manager; Dawn Kleeschulte, Lansing Youth Services Youth Employment Coordinator, and Linda Schoffel, Rural Youth Services Coordinator for his many contributions to Lansing Youth Services, and was praised for his leadership role in helping to assure the continuation and success of these youth services programs. Mr. Presthus thanked the individuals who nominated him and spoke of having their guidance as role models. He said he has learned life and leadership skills. Privilege of the Floor by Legislators Mr. Proto, District No. 7 Legislator, recounted the Legislature passing a resolution last year supporting a Veteran's Cemetery at the former Sampson Air Force Base in Romulus, New York. He reported that this past month Governor Spitzer signed the appropriate legislation designating several hundred acres of the base for this purpose as well as preserving some of the acreage as a land trust. He extended his appreciation to the Legislature for their support. Ms. Robertson, District No. 13 Legislator, reported the Tenth Annual Farm City Day would be held on Saturday, August 11th, from 11 a.m. to 4 p.m. at the Lew -Lin Farm on Livermore Road, Dryden, New York; and the Green Fest activities will occur in Ithaca and Cayutaville from August 10 to August 12th, with activities occurring on the Commons on August 12. She then reported that the UrgentRx plan, providing short-term prescription coverage for those not able to afford it, has expanded to include the Ithaca Free Clinic and in -patients being discharged from Cayuga Medical Center. She said it is not for maintenance prescriptions, but for urgent care. Mr. Randall, District No. 9 Legislator, invited members of the Legislature and general public to attend Groton Old Home Days. The event will take place from August 17 to August 18, and will have a western theme. Mrs. McBean-Clairborne, District No. 2 Legislator, spoke of the National Night Out activities that would be taking place this evening to bring awareness of public safety issues. She said activities would take place at the Ithaca Housing Authority as well as in Newfield. Mr. Booth, District No. 3 Legislator, said he was happy to hear the comments from the library staff. However, he noted that the Legislature does not negotiate the Library staff agreements and urged members of the Legislature not to take the position of intervening in these negotiations. He also said the Recreation Partnership would be bringing forward the request to continue the County's participation. Mr. Booth said it is a valuable intermunicipal agreement that has lasted longer than many; while only a few intermunicipal agreements exist, this particular one works well. Although he recognizes the Partnership's value, he is aware that if a broad series of budget cuts were required the Legislature would have to view the agreement carefully and that under those circumstances discontinuing the County's participation in the Partnership might become necessary. Ms. Herrera, District No. 5 Legislator, reported on the Cornell University rally last week sponsored by the LGBT Resource Center for members of the Cornell community and invited community guests, showing support for and acceptance of diversity as well as to show unity in relation to an opposite sentiment displayed by the Westboro Baptist Church Group headed by Fred Phelps. She felt it was heartening that the community understands the needs of a few are also the needs of the many. She said it was fitting to speak to some of the subjects tonight in the spirit of community as well. She thanked Mr. Joseph, and union members who were participating at a conference that chose to strengthen the rally by attending as well. Ms. Herrera then spoke of her concern with what she believes to be a shift in policy when bringing forth resolutions on particular issues. She said the designated process of bringing forth 204 August 7, 2007 resolutions is the way to keep it equitable; she is interested in maintaining that equity and does not want to see the process amended. Privilege of the Floor for the Public — Continued Dee Smith, Newfield, spoke in support of the resolution entitled: Appropriation from Contingent Fund — Drop -In Children's Center. Presentation of Resolution from the Health and Human Services Committee RESOLUTION NO. 136 - APPROPRIATION FROM CONTINGENT FUND — DROP-IN CHILDREN'S CENTER MOVED by Mr. Shinagawa, seconded by Ms. Robertson. Mrs. McBean-Clairborne disclosed that she utilizes the services of the Drop -In Children's Center for her daughter and has nieces employed by the Center as well. The County Attorney did not see any legal conflict of interest her voting on this resolution. She then questioned the inclusion of: "WHEREAS, the Executive Director of the Human Services Coalition does not anticipate any substantial additional request for County financial assistance from human services agencies under the County's purview during 2007", and would like to see it removed. Mr. Booth said it was included at his request as an indicator that this is a special circumstance and the County is not suggesting it be taken by others as a precedent to request funding; it reflects what the Human Services Coalition Executive Director has stated. Mr. Koplinka-Loehr said a discussion regarding the clause occurred in both the Budget and Capital and the revisit at the Health and Human Services Committees, it only indicates the present situation. Mrs. McBean-Clairborne said she had similar sentiments with regard to Ms. Herrera's statements on policy process and she recognizes the importance of how this particular agency provides assistance to numerous families and the domino effect closure could have to the economy, employment status, as well as the potential increase in local expenses due to public assistance needs. Although she will support the resolution she understands what Ms. Herrera is saying. Mr. Dennis said as a former teacher, father, and grandfather, he understands how difficult it is to find childcare. He recalled having worked in his capacity as a member of Common Council to provide a block grant to assist in the Center's continuation following a fire in the 1970's. Mr. Dennis will support the resolution. Mr. Booth spoke in support of the resolution. He noted there has been extensive discussions of this proposal, and he believes the discussions have met procedural necessities. He believes the proposal will provide the means for the Center to get through 2007 and buy time to determine, with others, how to establish a more stable base for the future of the Drop -In Center. The resolution will not solve the short- term financial need since the Center will need additional funding beyond what is covered within the resolution. It also does not provide a guarantee for a stable economic base for the Center. The County should be part of the discussion about the Center's future, but he does not see the County becoming the major participant in providing financial stability for the Drop -In Children's Center in the future. He also does not believe the resolution presents a message of any kind for groups to make similar requests. The crisis at the Center has built over a long period of time. This money is well -worth spending, but the County's decision to spend this money is not an invitation for others to make similar scale proposals within County government or from outside County government. Mr. Sigler agreed with Mr. Booth's comments and will also support the resolution. He believes there is a structural finance problem within the organization and that everyone involved is aware of it and he is confident it will be addressed in the upcoming year. 205 August 7, 2007 Mr. Randall spoke of his personal experiences raising five children and the struggles day care situations can create, saying he wished he had an alternative like the Center to go to. He noted that although it is a difficult situation the Drop -In Children's Center is facing, it has provided public awareness of the resources within the County. Mr. Randall said he will support the resolution as he is concerned of what would happen to the children should the Center close. Mr. Shinagawa spoke of his participation in discussions regarding the shortfall at Health and Human Services Committee meetings, noting it began at the June 6 meeting, with subsequent discussions on July 18, and following the July 23 Budget and Capital Committee meeting it was again reviewed on August 1 at the Health and Human Services Committee. He said there has been adequate discussion and deliberation and he will support the resolution. It was MOVED by Mr. Koplinka-Loehr, seconded by Mr. Proto, to amend the amount of the contingent fund appropriation to $25,000. Mr. Koplinka-Loehr indicated the matter has been deliberated and that it is an unusual request. He recognized a request such as this does not occur often, however, the shortfall is due to a structural deficit and was not fully recognized until it was critical. He believes the shortfall and assistance for the Center should be a community issue and that the County has already provided a significant amount of funding. He believes other partners in the community should come forward and offer a portion of the assistance needed. Ms. Robertson stated that even if the full $50,000 is provided it would require another $65,000 to be raised from other means. She believes it would be unrealistic if the Center were expected to find a total of $90,000. She noted the constituency that would be impacted is children, particularly from low- income families. Ms. Robertson believes if the amount was reduced to $25,000 the additional funds would be wasted because the balance could not be raised and the Center would close anyway. Mr. Proto inquired what the current County support level is. Mr. Shinagawa reiterated Ms. Robertson's comments and noted the Center raised $42,000 last year. He said the Center would continue to seek partners and reach out to as many groups as possible. However, he believes it necessary to provide the full $50,000; to reduce the amount and have an expectation of $90,000 to be raised through other means would cause the Center to close and he does not want to take that risk. In response to Mr. Proto's inquiry, Ms. Schlather, Executive Director, Human Services Coalition, reported that through the 2007 budget process the Center was awarded $96,000, and a one-time support of $5,000; one-third of the amount is the City of Ithaca share, therefore the County's share was $64,000 out of a total budget of $800,000. Ms. Kiefer spoke against the amendment, noting that there have been other times the technique of reducing our assistance was made in anticipation of that prompting other funding sources to come forward that simply did not and does not occur. Mr. Proto inquired whether the Alternatives Federal Credit Union was willing to waive a payment or reduce interest rates. Ms. Jackier replied that the Credit Union is working to consolidate loans and making every effort to determine what they would be able to do to assist. She believes that with immediate assistance it would provide the additional time for a solution. It was MOVED by Mr. Dennis, seconded by Mrs. McBean-Clairborne, to call the question. A voice vote resulted as follows: Ayes — 11; Noes — 3 (Legislators Herrera, Joseph, and Proto) ; Excused — 1 (Legislator Mackesey). MOTION CARRIED. 206 August 7, 2007 A voice vote on the amendment to reduce the amount to $25,000 resulted as follows: Ayes — 4 (Legislators Hattery, Koplinka-Loehr, Proto, and Stevenson); Noes — 10; Excused — 1 (Legislator Mackesey). MOTION FAILED. Ms. Robertson said the request is what would have previously been considered a cost saver. She spoke of how many Department of Social Service clients utilize the Center; if it were to close it could adversely effect the required work participation rates and create a financial sanction. With regard to the Center's business model she noted some essential services could not exist without a subsidy; this is one of those businesses. Ms. Robertson shared an article from 1997 that said without public support we would have a two-tier system, where only families who can pay the full cost get quality childcare; to do so would be a hardship on the children of families who could not afford the rates. She believes the Center's shortfall is not from faulty money -management but their mission to serve low-income families. Mr. Hattery said the way to avoid entertaining emergency funding requests is not to demonstrate a pattern and commented that it is not backed up with a plan. Ms. Herrera said the choice is difficult and requires being a responsible elected representative with a vision of what the community is about and support it in a responsible manner. She spoke of a concern regarding discussions outside of the committee level that she views as a policy shift. Ms. Herrera believes there are other ways to assist by bringing in partners, particularly those whose employees utilize the Center. It was MOVED by Mrs. McBean-Clairborne, seconded by Mr. Sigler, to call the question. A voice vote on the motion resulted as follows: Ayes — 7 (Legislators Dennis, Hattery, Joseph, Kiefer, Koplinka-Loehr, McBean-Clairborne, and Sigler); Noes — 7 (Legislators Booth, Herrera, Proto, Randall, Robertson, Shinagawa, and Stevenson); Excused — 1 (Legislator Mackesey). MOTION FAILED. Ms. Robertson said the only "private meeting" was to develop a one-page financial summary, in response to Mr. Sigler's request. Mr. Booth spoke of the Budget and Capital Committee's discussions and subsequent votes on the resolution and said it failed due to the language within the resolution and was not viewed as critical since it had passed the Health and Human Services Committee. He noted it went through both committees, with the Health and Human Services Committee then reviewing recommendations made at Budget and Capital Committee. Although the resolution was defeated at the Budget and Capital Committee, he does not believe it illegitimatized the process. He believes the extensive discussions held in both spirit and detail indicates organization. Mr. Sigler indicated he believes the process is good and does not see a problem, if a better process could be undertaken he would discuss it with Administration or the Committee Chairs. Mr. Shinagawa said he attempted to do the best possible job to answer questions made regarding the situation and does not believe it was outside of the current policy. He urges members of the Legislature to support the request. A roll call vote on the original motion resulted as follows: Ayes — 9 (Legislators Booth, Dennis, Joseph, Kiefer, McBean-Clairborne, Randall, Robertson, Shinagawa, and Sigler); Noes — 5 (Legislators Hattery, Herrera, Koplinka-Loehr, Proto, and Stevenson); Excused — 1 (Legislator Mackesey). RESOLUTION ADOPTED. WHEREAS, the Drop-in Children's Center has been serving the childcare needs of Tompkins County residents for more than 30 years being a consistent resource for low and moderate income residents, and 207 August 7, 2007 WHEREAS, provision of safe, affordable child care is an integral part of a strong, healthy economy, and WHEREAS, the Drop-in Children's Center is not only a full-time day care facility, but is also the only center where parents can drop off their children for child care with a minimum of notice and for short periods, offering residents the flexibility to keep appointments, interview for jobs and take care of other immediate needs, and WHEREAS, the lack of affordable child care was ranked as the number one personal issue in the countywide household survey of the Compass II Report and was ranked in the top five issues by all respondents, and WHEREAS, the Drop-in Children's Center provides a bridge for the working poor for transitioning from Public Support and need childcare in order to work, and WHEREAS, the Drop-in Children's Center will need $50,000 in 2007 to meet a portion of a shortfall in anticipated revenues (as summarized on the attached document) related to the operating deficit from the delay in opening after the 2005 expansion, and the gap between the fees and the cost of care in 2007, and WHEREAS, the Drop-in Children's Center does not anticipate making any additional funding request, in 2007, and WHEREAS, the Executive Director of the Human Services Coalition does not anticipate any substantial additional request for County financial assistance from human services agencies under the County's purview during 2007, now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, That the Legislature supports the formation of a group, to include the Department of Social Services Commissioner, to work on the long-term fiscal sustainability of the Drop -In Children's Center, including, seeking additional partners to help fund the Center, with a presentation of a plan to the Legislature no later than May 6, 2008, RESOLVED, on recommendation of the Health and Human Services and Budget and Capital Committees, That Tompkins County Legislature approves the following request and the Director of Finance is hereby authorized to make the following budget appropriation: FROM: A1990.54440 Contingent Fund $50,000 TO: A6305.54400 Human Service Agencies $50,000 SEQR ACTION: TYPE II -20 ATTACHMENT Drop -In Children's Center Contingency Request: $50,000 1. To pay operating for 2007 $25,000 — operating deficit from delay in opening 2005 expansion $25,000 — to reduce gap between fees and costs of care - remainder of 2007 This will allow the Drop-in Children's Center to continue for the remainder of 2007 and develop plans to address the operating deficit and outstanding loans. 2. Operating 2008 (estimated) $91,000 gap between fees and costs of care + 16,000 estimated payments on outstanding loans ($110,000) $107,000 total shortfall - $ 17,000 — restored accreditation funding - $ 26,000 — increase in base recommended by HSC (out of $47,000 request) - $ 10,000 — additional increase recommended by S. Whicher 208 August 7, 2007 - $ 5,000 — HSC recommended one-time assistance in loan payments $ 49,000 estimated shortfall for 2008 The $49,000 remainder will have to be paid through increased support, increased fees, or by limiting access to the most needy families (above and beyond the approximate $51,500 fundraising commitment already in the 2008 budget). 3. Loans outstanding AFCU - $90,000 IURA - $20,000 $110,000 The carrying cost of these loans is estimated at $16,000 per year and contributes to the difficulties in the Operating budget. Steve Whicher suggests that the best solution will be to begin discussions on how to eliminate these outstanding loans since the operating budget simply cannot support this level of debt. Presentation of Resolution(s) from the Government Operations Committee RESOLUTION NO. 137 - APPROPRIATION FROM CONTINGENT FUND AND INCREASE IN HOURS - REAL PROPERTY APPRAISER — ASSESSMENT DEPARTMENT MOVED by Mr. Stevenson, seconded by Mr. Proto. Mr. Proto said that at the time it was decided to go to a three-year assessment cycle concern had been expressed with regard to the loss of $150,000 in State funding. A short roll call vote resulted as follows: Ayes — 13, Noes — 1 (Legislator Koplinka-Loehr), Excused — 1 (Legislator Mackesey). RESOLUTION ADOPTED. WHEREAS, consistent with the directives of Resolution No. 207 of 2006, the County is presently in the process of appraising all real property within the assessing unit for the 2008 Triennial Revaluation, and WHEREAS, the Department of Assessment is currently experiencing a staffing shortage, and will be unable to complete the valuation phase of said Triennial Revaluation, and WHEREAS, hiring an additional Real Property Appraiser for the remainder of 2007 (starting September 4, 2007 thru December 31, 2007) would remedy this problem, and WHEREAS the Department of Assessment currently has a vacant un -funded Real Property Appraiser position (position ID #301) on its roster at 35.0 hours per week, and WHEREAS, the Department of Assessment has a need to fill said Real Property Appraiser position at 40.0 hours per week, and WHEREAS, there are no funds within the Department of Assessment's budget to pay the costs associated with this additional expense, now therefore be it RESOLVED, on recommendation of the Government Operations and the Budget and Capital Committees, That the hours of one vacant Real Property Appraiser position (position ID #301) be hereby increased to 40.0 per week, RESOLVED further, That the Director of Finance is hereby authorized and directed to make the following budget appropriation for 2007: FROM: A1990.54440 TO: A1355.51000709 A1355.54303 A1355.54412 A1355.58800 SEQR ACTION: TYPE II -20 Contingent Fund Real Property Appraiser Office Equipment Travel Training Fringe 209 $27,206 $17,054 $ 2,000 $ 1,500 $ 6,652 August 7, 2007 RESOLUTION NO. 138 — APPROPRIATION FROM CONTINGENT FUND FOR APPRAISAL REPORT — ASSESSMENT DEPARTMENT MOVED by Mr. Stevenson, seconded by Ms. Kiefer. A short roll call vote resulted as follows: Ayes — 14, Noes — 0, Excused — 1 (Legislator Mackesey). RESOLUTION ADOPTED. WHEREAS, consistent with the directives of Resolution No. 207 of 2006, the County is in the process of appraising all real property within the assessing unit for the 2008 Triennial Revaluation, and WHEREAS, this process includes the updating of the assessed value of the AES Cayuga Electric Generating Plant, located in the Town of Lansing and the Lansing School District, and WHEREAS, the current assessment of $162,775,000 (taxable value of $120,700,000) for AES Cayuga is the result of a court-ordered settlement, being considerably lower than the Advisory Appraisal provided by the NY State Office of Real Property Services (ORPS), and WHEREAS, in anticipation of qualifying for the $5.00 per parcel maintenance aid upon the completion of the 2008 Triennial Revaluation, it is imperative for the Department of Assessment to obtain an appraisal report of the subject facility to resolve the gross disparity between the current assessment and the value estimate provided by ORPS, and WHEREAS, appraisal of this type of property is a highly specialized field, which requires the hiring of an expert industrial appraiser specializing in Power Plant valuation, the County's share not to exceed $50,000. The cost of this appraisal is customarily shared by the three taxing jurisdictions: the County, the Town of Lansing, and the Lansing Central School District, based upon the apportionment of total taxes collected from the AES Cayuga tax parcels, WHEREAS, there are no funds within the Department of Assessment to pay the cost associated with this expense, now therefore be it RESOLVED, on recommendation of the Government Operations and the Budget and Capital Committees, That the Director of Finance is hereby authorized and directed to make the following budget appropriation: FROM: A1990.54400 Contingent Fund $50,000 TO: A1355.54442 Professional Services $50,000 RESOLVED, further, That reimbursements received from the Town of Lansing or Lansing Central School District shall go to the General Fund. SEQR ACTION: TYPE II -20 Recess Chair Joseph declared recess from 7:23 p.m. to 7:32 p.m. Executive Session It was MOVED by Mr. Dennis, seconded by Mr. Hattery, and unanimously adopted by voice vote, by members present, to enter into executive session at 7:32 p.m. to discuss real estate transactions. The meeting returned to open session at 8:52 p.m. During executive session the following action was taken: RESOLUTION NO. 139 - DESIGNATING A SITE FOR CONSTRUCTION OF A HEALTH DEPARTMENT BUILDING (AMENDED BY RESOLUTION NO. 198 OF 2007) MOVED by Mr. Proto, seconded by Ms. Herrera. It was MOVED by Ms. Robertson, seconded by Mr. Dennis, to amend the resolution changing the site from Biggs to 55 Brown Road and authorizing the County Administrator to negotiate a purchase agreement. A voice vote on the amendment resulted as follows: Ayes — 9 (Legislators Booth, Dennis, Hattery, Joseph, Kiefer, Koplinka-Loehr, Robertson, 210 August 7, 2007 Sigler, and Shinagawa); Noes — 5 (Legislators Herrera, McBean-Clairborne, Proto, Randall, and Stevenson); Excused — 1 (Legislator Mackesey). A roll call vote on the resolution as amended resulted as follows: Ayes — 9 (Legislators Booth, Dennis, Hattery, Joseph, Kiefer, Koplinka-Loehr, Robertson, Sigler, and Shinagawa); Noes — 5 (Legislators Herrera, McBean-Clairborne, Proto, Randall, and Stevenson); Excused — 1 (Legislator Mackesey). RESOLUTION ADOPTED. WHEREAS, the Tompkins County Legislature, by Resolution No. 99 of 2006 adopted a 20 -year capital program, and WHEREAS, the 20 -year capital program identified replacing the existing Health Department building as the first project to be undertaken, and WHEREAS, the Health Department Building Committee has conducted a review of potential building sites, including existing buildings, suitable for serving the needs of the Tompkins County Health Department, now therefore be it RESOLVED, on recommendation of the Health Department Building Committee, That the County Administrator be authorized to complete evaluation of and negotiate the purchase agreement for 55 Brown Road, including completion of a SEQRA review, RESOLVED, further, That the Health Department Building Committee is charged with the responsibility to complete a conceptual design for 55 Brown Road that best meets the needs of the Tompkins County Health Department, RESOLVED, further, That the SEQRA review and conceptual design will be presented to the Legislature for approval prior to advancing the project beyond conceptual design. SEQR ACTION: TYPE II -21 Recess Chair Joseph declared recess from 8:52 p.m. to 9:00 p.m. Chair's Announcement Mr. Joseph announced that during executive session a vote was taken to designate 55 Brown Road as the site for the Health Department; the County will be moving toward purchasing and renovating that building. Chair's Report Mr. Joseph reminded members of the survey questionnaire handed out last week and requested they be returned to him as soon as possible. Report from the County Administrator Mr. Whicher reported the County received a grant for the health insurance consortium as well as a follow-up telephone call from the State Department regarding the incentive portion of the plan submitted. He was informed there is a new round of grant funds for municipalities to utilize, using the Tompkins County model. Ms. Kiefer requested an update from Mr. Whicher regarding the State Wide Network. Mr. Whicher said discussions with the State contractor, M/A-COM Inc. are progressing and it appears clear that they have been instructed to negotiate an agreement with the County and work out the details. Mr. Whicher said it has been made very clear that the participation has to be for the entire cost of the communication system, details will be worked out as the discussions progress. 211 August 7, 2007 Report from the County Attorney Mr. Wood stated he would be providing updates on various litigation at the August 21st meeting. Report from the Finance Director Mr. Squires reported the New York State County Treasurer's meeting was held in Ithaca in July 2007 and was successful with between twenty to twenty-five counties in attendance. 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 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. 140 -ACCEPTANCE OF LEGISLATIVE INITIATIVES GRANT FOR PERSONAL EMERGENCY RESPONSE SYSTEMS MACHINES - TOMPKINS COUNTY OFFICE FOR THE AGING (COFA) MOVED by Mrs. McBean-Clairborne, seconded by Mr. Booth, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, Tompkins County Office for the Aging (COFA) administers a Personal Emergency Response System (PERS) to help seniors and disabled County residents remain safely in independent living, and WHEREAS, the number of individuals needing and seeking such machines continues to rise, and WHEREAS, COFA has been awarded a Legislative Initiatives Grant in the amount of $10,000 received from Senator George Winner's office to purchase approximately sixty (60) 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: A6777.43803 State Revenue $10,000 APPROPRIATION: A6777.52219 PERS UNITS $10,000 SEQR ACTION: TYPE II -20 RESOLUTION NO. 141 — ACCEPTANCE OF FUNDING FOR THE AREA AGENCY ON AGING TRANSPORTATION PROGRAM IN ORDER TO ENTER INTO A SUBCONTRACT WITH GADABOUT TRANSPORTATION SERVICES, INC. MOVED by Mrs. McBean-Clairborne, seconded by Mr. Booth, and unanimously adopted by voice vote by members present under the Consent Agenda. 212 August 7, 2007 WHEREAS, the Tompkins County Office for the Aging has been offered a grant from the New York State Office for the Aging for senior transportation in the amount of $10,000, and WHEREAS, Gadabout Transportation Services, Inc., provides transportation for seniors in Tompkins County, and WHEREAS, rising fuel prices have put pressure on the financial resources of Gadabout, and WHEREAS, the funding will allow Gadabout to partially offset the increase in fuel prices, 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: A6777.43803 State Revenue $10,000 APPROPRIATION: A6777.54491 Subcontracts $10,000 SEQR ACTION: TYPE 11-20 RESOLUTION NO. 142 - BUDGET ADJUSTMENTS — VARIOUS DEPARTMENTS MOVED by Mrs. McBean-Clairborne, seconded by Mr. Booth, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, pursuant to Administrative Manual Policy 05-02, budget adjustments exceeding $5,000 require Legislative approval, now therefore be it RESOLVED, on recommendation of the Health and Human Services and the Planning, Development, and Environmental Quality Committees, That the Director of Finance be directed to make the following budget adjustments on his books: Office for the Aging Revenue Acct Title Amt Approp Acct Title(s) 6780.43803 State Revenue $10,408 6780.54491 Subcontracts 6777.43803 State Revenue $11,934 6780.54491 Subcontracts Explanation: State cost -of -living adjustment in EISEP for recruitment and retention of home health aides; Revenue increase for CSE. Department of Social Services Revenue Acct Title Amt Approp Acct Title(s) 6010.43610 State: DSS Admin. $47,000 6010.54442 Professional Services 6010.43610 State: DSS Admin. $ 5,000 6010.54330 Printing Explanation: Through its Office for the Aging, Department of Health, and Office of Temporary and Disability Assistance, New York State is providing one hundred percent funding for counties to establish and promote public awareness about the Long Term Care Point of Entry program co -created by County Office for the Aging and Department of Social Services. The current state -approved budget will pay for creation of a logo, website, promotional materials, and print media advertising campaign, as well as printing costs for pre-existing informational brochures. Department of Social Services Revenue Acct Title Amt Approp Acct Title(s) 6010.43610 State: DSS Admin. $16,850 6010.51000581 Senior Caseworker Salary es 6010.43610 State: DSS Admin. $ 6,572 6010.58800 Fringes Explanation: New York State Office of Children and Family Services has granted Department of Social Services $23,422 in one hundred percent funding to support temporary increases in Child Protective Services staffing. This budget adjustment will authorize the Department to implement its OCFS- approved plan to pay certain workers salary (rather than to allow them to accrue Compensatory Time credit) for hours worked between 35 and 40. 213 SEQR ACTION: TYPE II -20 August 7, 2007 RESOLUTION NO. 143 — AUTHORIZATION TO ACCEPT A GRANT FROM THE STATE ARCHIVES 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 Clerk's Office has been notified of a grant award from the State Archives in the amount of $74,900, and WHEREAS, the State Archives grant represents a project for the County Clerk's Office to back file and index deed records into their Electronic Document Management System, and RESOLVED, on recommendation of the Government Operations Committee, That the County Administrator or his designee be authorized to execute all contracts related to this award, RESOLVED, further, That the Director of Finance is authorized and directed to make the following budget adjustment: BUDGET ADJUSTMENT Revenue: A1410.54442 Professional Services $74,900 Appropriation: A1410.43089 Other State Aid $74,900 SEQR ACTION: TYPE II -20 Approval of Appointment 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: Youth Services Board Allen Jilo — Youth At -large representative; term expires December 31, 2008 Personal Emergency Response Service Advisory Board Tina Champion — term expires December 31, 2008 Community Mental Health Services Board Gregory Eells — term expires December 31, 2007 Emergency Communications Review and Oversight Committee Jason Fulton — West side-Fire/EMS representative; term expires December 31, 2010 Report from the Budget and Capital Committee Mr. Koplinka-Loehr, Chair, reported the minutes of the meeting are available at the County website. He said the Expanded Budget Calendar for the 2008 budget is in Legislator's folders and are marked as "Final". Although the dates are set, he asked members of the Legislature to review their calendars to determine if adjustments in the actual time are required and respond within the next several days. Ms. Kiefer inquired about the previous discussions regarding making the start date one week later and having the meetings closer to the actual budget vote. Mr. Koplinka-Loehr stated that is still possible. Revisits are for October 29 and 30, with the planned Public Hearing taking place the second Tuesday in November. He also reported a public forum will take place on September 27, 2007, 7:00 p.m. to 9:00 p.m. at Boynton Middle School. Report from the Public Safety Committee 214 August 7, 2007 Mrs. McBean-Clairborne, Chair, reported that at the Committee's last meeting they received a report from Offender Aid and Restoration regarding the bail assistance program. Of the $10,000 appropriated for this program there is currently a balance of $1,000. In 2006 the program assisted 48 individuals; thus far in 2007, 74 individuals have received assistance, believed to be due in large part to the approved appropriation. Mrs. McBean-Clairborne reported the Re -Entry Program is reviewing the program and continues to refine it and determine the best way to move forward. She then reported the Committee would be discussing the condition of the Community Justice Center at future meetings. She reported the Committee passed their goals. She then reported on the following award notifications received from Central New York EMS Council: Dryden Ambulance — Regional Agency of the year; Beth Harrington, Assistant EMS Director for Tompkins County, was named Educator of Excellence and will be nominated for a State Award; Julie Ferris, Dispatcher for Tompkins County, was nominated Regional Communications Specialist of the Year. Report from the Workforce Diversity and Inclusion Committee Mrs. McBean-Clairborne reported the Committee met and had extensive discussions regarding the communications plan for staff. She believes there will be revisions to refine the document so that it ensures employees and staff are on board. Report from the Health and Human Services Committee Mr. Shinagawa, Chair, reported the Committee had met twice since the last meeting, with much of the discussions relating to the Drop -In Children's Center. He reported that on July 18th, a resolution for the Health Department as well as one for the Recreation Partnership were acted upon. Mr. Shinagawa reported that Mr. Koplinka-Loehr had made a motion that would result in the County's eventual withdrawal from the partnership by the end of the agreement. Subsequent to the meeting, a revision of the agreement was requested by municipal members and as a result the item would be returning for review by the Committee. Office for the Aging provided a variety of reports, including grants received and the restructuring of Lakeside Nursing Home as a result of the Berger Commission decisions. Mr. Shinagawa noted that the State funding to assist in the transition efforts of facilities effected by the Berger Commission is $550 million; to date 62 applications were received by the State with the total funding requested on the applications totaling over $6 billion. The Committee also was provided with program updates from Cooperative Extension. Health Department Building Committee Mr. Proto extended his appreciation to the Committee and staff for their efforts. He announced that due to the resolution passed tonight designating a site the Committee meeting for August 9th is cancelled. The next meeting of this Committee will be announced at a later date. Mr. Booth extended his appreciation to Mr. Proto for all the work he had done with regard to the Committee. Report and Presentation of Resolution(s) from the Facilities and Infrastructure Committee Ms. Herrera, Chair, requested she be provided feedback relating to the Tompkins Consolidated Area Transit information they had received. She reported that the Committee met earlier in the day and was provided a presentation from ECC Technologies, Inc., regarding broadband services. She noted there was a good deal of interest in the topic that will be reviewed further. Ms. Herrera will report on the July 24th meeting at the next Legislature meeting. Ms. Robertson indicated that Dryden has previously shown an interest in broadband services and this topic could be of interest to the Council of Governments. Ms. Herrera indicated she would bring the information forward. RESOLUTION NO. 144 - APPROPRIATION FROM CONTINGENT FUND FOR TERMINAL - PAY REIMBURSEMENT — HIGHWAY DIVISION 215 August 7, 2007 MOVED by Ms. Herrera, seconded by Ms. Kiefer, and unanimously adopted by a short roll call vote by members present. RESOLUTION ADOPTED. WHEREAS, the Highway division had one employee in the title of Laborer, with terminated (retirement) employment effective December 31, 2006, continue with uninterrupted temporary employment terminated effective April 7, 2007; one employee in the title of Heavy Equipment Mechanic (HEM), with terminated (resigned) employment, effective March 16, 2007; one employee in the title of Motor Equipment Operator (MEO), with terminated (retirement) employment effective April 8, 2007; and one employee in the title of Highway Crew Supervisor (HCS), with terminated (retirement) employment effective May 31, 2007, and WHEREAS, the Fiscal Policy of Tompkins County allows for terminal -pay reimbursement from the Contingent Fund, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, and the Budget and Capital Committees, That the Director of Finance hereby be authorized and directed to make the following budget appropriation: FROM: A1990.54440 Contingent Fund $ 9,339.64 TO: D5110.51000806 Salary — Laborer $ 6,969.75 (retirement) D5110.51000806 Salary — Laborer $ 677.33 (temporary) D5110.51000809 Salary — MEO $ 668.71 D5110.51000841 Salary — HCS $ 898.23 DM5130.51000849 Salary — HEM $ 125.62 SEQR ACTION: TYPE II -20 RESOLUTION NO. 145 - AMENDMENT TO AWARD OF BID — CR105, McLEAN - CORTLAND ROAD PHASE 2 RECONSTRUCTION, TOWN OF GROTON MOVED by Ms. Herrera, seconded by Mr. Booth, and unanimously adopted by voice vote by members present. RESOLUTION ADOPTED. WHEREAS, Resolution No. 33 of 2002 authorized an agreement with the State of New York whereby State and Federal sources furnished ninety-five 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, 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, Resolution No. 152 of 2005 authorized the bid be awarded for the Base Bid only, construction east of Fall Creek, pending approval by the New York State Department of Transportation, although the budget was adequate to include award of Alternate 2, construction between Fall Creek and the Dryden -Groton town line, and WHEREAS, in January 2006 the New York State Department of Transportation also authorized award of Alternate 2, in the amount of $296,280.45, which was the recommendation of the County Highway Manager, now therefore be it, RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the bid awarded to Suit-Kote Corporation of Cortland, New York, lowest, responsible bidder for the Base Bid be amended to include Alternate 2, for a total amended award of $2,313,272.65, RESOLVED, further, That the Highway Division be authorized to implement this bid and execute change orders with total values not to exceed twelve and one-half 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), RESOLVED, further, That the completion date for work of this contract be extended to August 31, 2007. SEQR ACTION: TYPE II- 20 216 August 7, 2007 Report from the Personnel Committee Mr. Dennis, Chair, reported the Committee would meet on August 8th and address the topic of health insurance plan for retirees. He is certain that the Committee will have input from retirees and staff as well. He reported that the County Administrator Selection Committee is moving ahead and should be in place shortly. Ms. Herrera inquired whether the resolution regarding health insurance for retirees would be acted upon, Mr. Dennis said he hoped it would be but is open to any motions the Committee makes. Report from the Government Operations Committee Mr. Sigler, member, reported the Committee met on August 3rd and conducted standard business. Report and Presentation of Resolution(s) from the Planning, Development, and Environmental Quality Committee Ms. Robertson, Chair, said the Committee has not met since the last Legislature meeting. The next meeting will be on August 13th at 3:30 p.m. when the Environmental Management Council will provide information on wind energy. RESOLUTION NO. 146 - APPROPRIATION FROM ROOM TAX RESERVE - FUNDING OF TOURISM MARKETING WEB SITE MOVED by Ms. Robertson, seconded by Mr. Randall, and unanimously adopted by a short roll call vote of members present. RESOLUTION ADOPTED. WHEREAS, in 2001, a website called "IthacaEvents.com" was created to provide a comprehensive listing of cultural and arts events occurring in Tompkins County, and the start-up costs were funded by the Tompkins County Room Occupancy Tax Fund. The web site has realized frequent traffic among Internet users, and remains an invaluable resource of information and free advertising for local event producers. The web site, under the Community Arts Partnership's administration, has provided visitors and residents with accurate and timely information and offered an avenue to purchase tickets to hundreds of local events, and WHEREAS, it is timely to update and upgrade the IthacaEvents.com web site, to make it a more user friendly, efficient and effective marketing tool to bring more tourism to Tompkins County and thereby strengthen the local economy, and WHEREAS, the Strategic Tourism Planning Board received and reviewed a proposal from the Community Arts Partnership for upgrading the web -site and recommended its approval to the Tompkins County Legislature through the Planning, Development, and Environmental Quality Committee and the Budget and Capital Committee, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality and the Budget and Capital Committees, That the County Administrator or his designee is authorized to execute an amendment to the Community Arts Partnership contract for up to $20,000 for the provision of upgrading the web site known as "IthacaEvents.com", RESOLVED, further, That the Director of Finance be authorized and directed to make the following appropriation from the Room Tax Reserve: Appropriation: 0980.0000 Room Tax Reserve Fund Balance $20,000 Expense: 6475.54621 Community Arts Partnership $20,000 SEQR ACTION: TYPE II -20 217 August 7, 2007 RESOLUTION NO. 147 - BUDGET ADJUSTMENT AND APPROPRIATION OF UNSPENT GENERAL FUNDS FROM 2006 — PLANNING DEPARTMENT MOVED by Ms. Robertson, seconded by Mr. Booth. Ms. Kiefer said when previously presented with this request there had been a concern about setting aside a large sum such as this in the capital fund for Natural, Scenic, and Recreational Resource Protection when there was a staffing shortage for the advisory committees and asked if it had been resolved. Mr. Marx indicated that the shortage was addressed and there will be full staffing on the committees through the end of the year. A short roll call vote on the motion resulted as follows: Ayes — 13, Noes — 1 (Legislator Proto), Excused — 1 (Legislator Mackesey). RESOLUTION ADOPTED. WHEREAS, various departments have been certified by the Director of Finance to have unspent appropriations and excess revenues from 2006 resulting in a surplus of $1,362,865 on the County's books as of December 31, 2006, and WHEREAS, pursuant to County Fiscal Policy, surplus funds have been requested for use in the amount of $25,000.00 in the current year budget, now therefore be it RESOLVED, on recommendation of the Planning, Development and Environmental Quality, and the Budget and Capital Committees, That the following transactions are approved: BUDGET APPROPRIATION: FROM: General Fund Balance TO: DEPT Planning Capital reserve fund for Natural, Scenic, and Department Recreational Resource Protection SEQR ACTION: TYPE II -20 Approval of Minutes of July 17, 2007 $25,000.00 Accoun 8020 54400 Requested Rollover $25,000.00 It was MOVED by Mrs. McBean-Clairborne, seconded by Ms. Kiefer, and unanimously adopted by voice vote by members present, to approve the minutes of July 17, 2007, as presented. MINUTES APPROVED. Adjournment On motion the meeting adjourned at 9:26 p.m. 218 August 21, 2007 Regular Meeting Call to Order Mr. Joseph called the meeting to order at 5:30 p.m. Pledge of Allegiance to the Flag and Roll Call of Members Members and guests participated in the Pledge of Allegiance to the Flag. Present: 15 Legislators (Mr. Booth arrived at 5:42 p.m.; Mrs. McBean-Clairborne arrived at 5:52 p.m.). Privilege of the Floor by the Public Lauren Wein, Cornell Public Service Center, spoke of the Cornell Program "Into the Streets", which is Cornell's largest day of community service. This is a national organization that takes kids from campus and sends them into the community to provide volunteer service to non-profit organizations. The purpose of the program is to foster action and awareness with a goal of having kids serve for the day, build relationships with the people they are working with, and foster long-term relationships and commitment to service. Ms. Wein distributed information to all Legislators and asked that non-profit agencies or community organizations they represent that are interested complete a project request form. Don Barber, Town of Caroline Supervisor and member of the Recreation Partnership, spoke in support of the resolution on the agenda entitled Adoption of the 2008-2012 Intermunicipal Recreation Partnership Agreement. Mr. Barber said his children have enjoyed their participation in the Recreation Partnership and he has heard testimony at Town of Caroline Board meetings about the value of the Recreation Partnership. Mr. Barber spoke of the value of having children mix with others outside of their local neighborhood. He spoke of the County being a cornerstone to the Recreation Partnership and urged continued funding. Mr. Barber asked that the County also support the Recreation Partnership accomplishing the following goals that have been established during the last three years: 1. A change in legal status to one that would allow the acceptance of donations; 2. To work with school districts, TCAT, and other transportation providers to come up with methods to transport children between the City and rural venues; 3. To allow programs in Ulysses, Groton, Lansing, Dryden, and Newfield to assimilate into the Recreation Partnership to allow a mixing of programs and an enhanced Recreation Partnership. Dominic Frongillo, Town of Caroline Board member and Recreation Partnership Chair, spoke in support of the resolution on the agenda entitled Adoption of the 2008-2012 Intermunicipal Recreation Partnership Agreement. Mr. Frongillo said he has participated in Recreation Partnership Programs and learned first-hand how meaningful those programs are. He also said that if the Recreation Partnership was not in existence he would not have had the opportunity to participate in recreation programs. Mr. Frongillo said he would like children who reside in the Town of Caroline to have the opportunity to participate in recreation programs and to also have the experience of building social skills and making friends outside of their towns. He said this is an investment in the children and communities in Tompkins County. Mr. Frongillo stressed the importance of the County's role as anchor to the Recreation Partnership and said if the County withdrew its support it is likely other municipalities would follow. Catherine Valentino, Town of Ithaca Supervisor and member of the Recreation Partnership, also spoke in support of the resolution on the agenda entitled Adoption of the 2008-2012 Intermunicipal Recreation Partnership Agreement. She said the County's support of this is crucial and stressed the value 219 August 21, 2007 of providing opportunities for kids throughout the entire County. Ms. Valentino said the Partnership also has funds that are used for scholarships for children who would not be able to participate. She said children are the future and said there is tremendous value in bringing children from all parts of the County together. Mr. Booth arrived at 4:42 p.m. Fay Gougakis, City of Ithaca, spoke of a personal experience she had while visiting Taughannock Park to swim and said jet skis and noise continue to be a problem on Cayuga Lake, especially when the operator of a watercraft ignores a lifeguard's instructions. Distinguished Youth Award Mr. Proto, District No. 7 Legislator, presented the August, 2007, Distinguished Youth Award to members of the Tompkins-Seneca-Tioga BOCES Envirothon Team. This team, known as Dryden Apocalypse, was made up of students Dustin Foote, Lily Glidden, Aaron Delahunty, Jenny Fitzgerald and Katy Koken, and placed first in Tompkins County and 18th out of 53 counties in the New York State Envirothon in May. The hands-on outdoor competition tests students' knowledge in the subjects of aquatics, forestry, soils, wildlife, and a current environmental issue. The team was nominated by Seth Dennis, Education Coordinator for the Tompkins County Soil and Water Conservation District. Mrs. McBean-Clairborne arrived at 4:52 p.m. Privilege of the Floor by Legislators Mr. Proto, District No. 7 Legislator, announced Senator George Winner will be holding a public presentation at the Ithaca Town Hall on September 27th at 5 p.m. Mr. Sigler, District No. 6 Legislator, spoke of the recent death of Robert Cutting and expressed condolences on behalf of the entire Legislature to Rob's family and to the employees at Honda of Ithaca. Mr. Sigler said Rob Cutting gave a great deal to his community and will be missed by all. Mr. Dennis, District No. 15 Legislator, also spoke the recent death of Robert Cutting. He recalled a personal experience he had with Robert Cutting and explained the generosity Mr. Cutting had exhibited during that time. Mr. Dennis said Mr. Cutting and his family are well-known for their generosity to the community. Ms. Mackesey, District No. 1 Legislator, said she had reported at a previous meeting that the Department of Environmental Conservation had approved the expansion of the Seneca Meadows Waste Disposal Site. She spoke of the rationale used in this determination and why the truck traffic had been expressed as a great concern. There was a suggestion made that the trucks going to that facility should be required to go on the interstate highways and the Department of Transportation felt this action would be singling Seneca Meadows out and making it impossible for them to get treated fairly. They also said the need for waste disposal outweighed any of the problems that had been created. Lastly, the traffic to the facility because of the expansion will be extended approximately fourteen years. This will add a lot more trucks on the highways for a lot longer. Ms. Robertson, District No. 13 Legislator, announced a Health Sustainability Conference will be held on September 15th' and the second Statewide annual meeting of New Yorker's for Verified Voting will take place in Ithaca on September 29th and 30th. She reminded everyone that September 18th is the Primary Election Date; the last date to register to vote in the primary is August 25th 220 August 21, 2007 Ms. Herrera, District No. 5 Legislator, commended City Public Works employees for their quick response to the recent storm that resulted in downed power lines and tree limbs. Ms. Herrera said the community experienced the loss of another icon this week with the passing of Jocelyn Hart. She said Ms. Hart reached out in many official and unofficial ways; she was generous, kind, dignified, gracious, and a very witty, genuine, and thoughtful person. Ms. Herrera considered her a mentor and extended condolences to the entire family. Ms. Herrera spoke of a community effort where partners get together to improve opportunities for individuals, particularly in under -represented group. She specifically spoke of the CDL program and stated there will be a special graduation meeting and celebration to commemorate the one-year anniversary of the program on September 5th. There are a number of community partners that participate in this program, including TCAT, Inc., Ithaca City School District, and Tompkins Community Action. Ms. Herrera said this is a highly successful collaboration and a real good example of how groups can get together to see that basic economic development needs of under -represented groups are met and that people get an opportunity to improve themselves. She encouraged Legislators and the public to attend this special meeting and celebration. Mr. Proto, District No. 7 Legislator, extended Happy Birthday wishes to Legislator James Dennis. Approval of Resolution(s) Under the Consent Agenda It was MOVED by Mr. Booth, seconded by Ms. Mackesey, and unanimously adopted by voice vote, to approve the following resolution(s) under the Consent Agenda: RESOLUTION NO. 148 - BUDGET ADJUSTMENTS — OFFICE FOR THE AGING MOVED by Mr. Booth, seconded by Ms. Mackesey, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, pursuant to Administrative Manual Policy 05-02, budget adjustments exceeding $5,000 require Legislative approval, now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, That the Director of Finance be directed to make the following budget adjustments on his books: Office for the Aging Revenue Acct Title Amt Approp Acct Title(s) 6793.43 803 State Revenue $7,650 6793.54491 Subcontract 6793.43803 State Revenue $2,770 6793.551000559 Salary 6793.43803 State Revenue $1,080 6793.58800 Fringes Explanation: Revenue Increase in HIICAP Program. Office for the Aging Revenue Acct Title Amt Approp Acct Title(s) 6794.42770 Other Miscellaneous Revenue $16,509 6794.43803 Subcontract Explanation: Mistakenly posted to wrong account for Adults with Developmental Disabilities Program SEQR ACTION: TYPE II -20 RESOLUTION NO. 149 - REDUCTION OF HOURS - SOCIAL SERVICES ATTORNEY MOVED by Mr. Booth, seconded by Ms. Mackesey, and unanimously adopted by voice vote under the Consent Agenda. 221 August 21, 2007 WHEREAS, for reasons of fiscal economy, the Commissioner of Social Services wishes to reduce the standard work week of one position of Social Services Attorney from 40 hours per week to 35 hours per week, and WHEREAS, this reduction in hours would be beneficial to the taxpayers of the County, now therefore be it RESOLVED, on recommendation of the Health and Human Services and the Budget and Capital Committees, That the standard workweek for one position of Social Services Attorney, (88-233), position ID#1144, shall be reduced from 40 hours per week to 35 hours per week effective immediately. SEQR ACTION: TYPE II -20 RESOLUTION NO. 150 - AUTHORIZING ACCEPTANCE OF A FEDERAL AVIATION ADMINISTRATION (FAA) GRANT TO COMPLETE THE TERMINAL ENTRANCE ROAD, SECURITY SYSTEM UPGRADE, OBSTRUCTION REMOVAL AND DESIGN OF THE RUNWAY SAFETY AREA IMPROVEMENTS - ITHACA TOMPKINS REGIONAL AIRPORT MOVED by Mr. Booth, seconded by Ms. Mackesey, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, the County has received a grant offer from the Federal Aviation Authority (FAA) in the amount of $1,548,544 to complete the terminal entrance road, security system upgrade, obstruction removal, and design of the runway safety area improvements, and WHEREAS, the budget for these project is as follows: FAA Share (95.0%) Account No. HT 5601.44592 $1,548,544 NYSDOT Share( 2.5%) Account No. HT 5601.43592 $ 40,751 Local Share ( 2.5%) Account No. HT 5601.45031 $ 40,751 Total $1,630,046 , and WHEREAS, the Terminal Entrance Road, Security System Upgrade and Design of the Runway Safety Area projects have already been approved by the County Legislature, subject to Federal and State funding being received, and WHEREAS, the Design and Construction of the Obstruction Removal project will be brought before the County Legislature for approval before it is allowed to go forward, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the grant offer from the FAA of $1,548,544 be and hereby is accepted and that the County Administrator is authorized to execute the required documents, RESOLVED, further, That the local share of $40,751 has already been factored into the Airport's 2007 operational budget. SEQR ACTION: TYPE II -2 RESOLUTION NO. 151 - AWARD OF BID — TERMINAL ROAD AND PARKING LOTS - ITHACA TOMPKINS REGIONAL AIRPORT MOVED by Mr. Booth, seconded by Ms. Mackesey, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, the Finance Department advertised and received five bids for construction of the Terminal Road and Parking Lots at the Ithaca Tompkins Regional Airport, and WHEREAS, the lowest responsible bid of $629,165.50 was submitted by Ruston Paving of Syracuse, New York, and 222 August 21, 2007 WHEREAS, the budget for this construction project is as follows: Terminal Road FAA Share (95.0%) Account No. 5601.44592 $430,568.00 NYSDOT Share (2.5%) Account No. 5601.43592 $ 11,330.91 Local Share (2.5%) Account No. HT 5601.45031 $ 11,330.91 Total $453,229.82 Parking Lots NYSDOT Share (80%) Account No. 5601.43 592 $140,748.54 Local Share (20%) Account No. HT 5601.45031 $ 35,187.14 Total $175,935.68 , and WHEREAS, the local share $46,518.05 has already been provided for in the Airport's 2007 budget, now therefore be it RESOLVED, on recommendation of the Facilities & Infrastructure Committee, That subject to grants being received from the Federal Aviation Administration (FAA) and the New York State Department of Transportation (NYSDOT), the contract for $629,165.50 be awarded to Ruston Paving of Syracuse, 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 County Administrator be and hereby is authorized to execute a contract with Ruston Paving. SEQR ACTION: TYPE II -2 RESOLUTION NO. 152 - AWARD OF BID — SECURITY SYSTEM UPGRADE - ITHACA TOMPKINS REGIONAL AIRPORT MOVED by Mr. Booth, seconded by Ms. Mackesey, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, the Finance Department advertised and received two bids for completion of a Security System Upgrade at the Ithaca Tompkins Regional Airport, and WHEREAS, the lowest responsible bid of $ 683,000 was submitted by Weydman Electric of Syracuse, New York, and WHEREAS, the budget for this construction project is as follows: FAA Share (95.0%) Account No. 5601.44592 $648,850.00 NYSDOT Share (2.5%) Account No. 5601.43592 $ 17,075.00 Local Share (2.5%) Account No. HT 5601.45031 $ 17,075.00 Total $683,000.00 , and WHEREAS, the local share $17,075.00 has already been provided for in the Airport's 2007 budget, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That subject to grants being received from the Federal Aviation Administration (FAA) and the New York State Department of Transportation (NYSDOT), the contract for $683,000 be awarded to Weydman Electric, 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 Weydman Electric. SEQR ACTION: TYPE II -2 223 August 21, 2007 RESOLUTION NO. 153 — AUTHORIZATION TO ACCEPT A GRANT FROM THE STATE ARCHIVES — RECORDS MANAGEMENT MOVED by Mr. Booth, seconded by Ms. Mackesey, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, the Personnel Department, Records Management Program, has been notified of a grant award from the State Archives in the amount of $17,500, and WHEREAS, the State Archives grant provides for the Personnel Department, Records Management Program to determine the County's existing and future inactive records storage space needs, now therefore be it RESOLVED, on recommendation of the Personnel Committee, That the County Administrator or his designee is hereby 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: APPROPRIATION: A1460.54442 Professional Services $17,500 REVENUE: A1460.43089 Other State Aid $17,500 SEQR ACTION: TYPE II -20 RESOLUTION NO. 154 - AUTHORIZING NEW YORK STATE DEPARTMENT OF TRANSPORTATION MASTER MASS TRANSPORTATION CAPITAL PROJECT SUPPLEMENTAL AGREEMENT #1 FOR 2007 - TCAT, INC. MOVED by Mr. Booth, seconded by Ms. Mackesey, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, the New York State Department of Transportation and Tompkins County executed a contract (No. TCA2MS, K006701) (County Resolution No. 228, 12/19/ 2006) to authorize payments to the County for the State Mass Transportation Capital Program aid, and WHEREAS, the State Mass Transportation Capital Program includes two programs — the State Dedicated Fund Program (SDF), which provides up to 100 percent of project funding, and the Federal Transit Program Aid which provides 10 percent of funding for projects eligible for Federal Transit Administration (FTA) funding, and WHEREAS, New York State approved the Rebuild and Renew New York Transportation Bond Act of 2005, which provides a total of $730,000 for the purchase of hybrid -electric buses by Tompkins Consolidated Area Transit, Inc., and WHEREAS, the New York State Department of Transportation awarded $1,716,602 of state funds to Tompkins County, including $993,000 in SDF Year 10 funds, $650,000 for Years 1-3 of the 2005 Bond Act and $73,875 in matching Federal Transit Program fund for 2006 FTA grant (NY -90- X543) (County Resolution No. 54, 4/19/2006), to Tompkins County to reimburse the expense by Tompkins Consolidated Area Transit, Inc. for capital projects previously applied for by the County as follows: Project State Aid Purchase 3 40 Ft. Hybrid -Electric Transit Buses $ 1,557,969 Ancillary Bus Capital Equipment $ 54,809 Smartcard Project $ 30,222 Preventative Maintenance $ 66,800 Communications Equipment - Mobile Radios $ 4,000 Shop Equipment $ 300 Short Range Planning $ 2,500 Surveil/Security Equipment $ 100 224 August 21, 2007 ADP Hardware $ 175 Total $ 1,716,602 , now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the Tompkins County Legislature authorizes said Mass Transportation Capital Project Supplemental Agreement #1, for $1,716,602, be executed by the County with New York State Department of Transportation, on behalf of TCAT, Inc. SEQR ACTION: TYPE II -20 RESOLUTION NO. 155 - AUTHORIZING NEW YORK STATE DEPARTMENT OF TRANSPORTATION MASTER MASS TRANSPORTATION CAPITAL PROJECT SUPPLEMENTAL AGREEMENT #2 FOR 2007 — TOMPKINS CONSOLIDATED AREA TRANSIT, INC. MOVED by Mr. Booth, seconded by Ms. Mackesey, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, the New York State Department of Transportation and Tompkins County executed a contract (Resolution No. 228, December 19, 2006) to authorize payments to the County for the State Mass Transportation Capital Program aid, and WHEREAS, the State Mass Transportation Capital Program includes two programs — the State Dedicated Fund Program (SDF), which provides up to 100 percent of project funding, and the Federal Transit Program Aid which provides 10 percent of funding for projects eligible for Federal Transit Administration (FTA) funding, and WHEREAS, the New York State Department of Transportation awarded $290,441.90 of State funds to Tompkins County, including $175,000 in SDF Year 10 funds and $115,442 in matching Federal Transit Program fund for two FTA Sec 5309 grants (NY -03-X0372 & NY -03-0444), to Tompkins County to reimburse the expense by Tompkins Consolidated Area Transit, Inc., for capital projects previously applied for by the County as follows: Project State Aid City Center Project $ 175,000 Construct Pass Shelters — City Center Project $ 15,000 Rehab Pass Shelter — City Center Project $ 40,766 Construct Pass Shelters — City Center Project $ 59,676.90 Total $ 290,441.90 , now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the Tompkins County Legislature authorizes said Mass Transportation Capital Project Supplemental Agreement #2, for $290,441.90, be executed by the County with New York State Department of Transportation, on behalf of TCAT, Inc. SEQR ACTION: TYPE II -20 RESOLUTION NO. 156 -SPONSORING TOMPKINS CONSOLIDATED AREA TRANSIT, INC. (TCAT) FOR NEW YORK STATE TRANSIT OPERATING ASSISTANCE PROGRAM MOVED by Mr. Booth, seconded by Ms. Mackesey, and unanimously adopted by voice vote under the Consent Agenda. 225 August 21, 2007 WHEREAS, Section 119-r of the General Municipal Law authorizes a county to enter into agreements with private bus operators to provide public transportation operations, and WHEREAS, Tompkins County desires to sponsor Tompkins Consolidated Area Transit, Inc. (TCAT), to receive New York State Transit Operating Assistance Program, pursuant to Section 18-b of the Transportation Law and Section 182-a of the laws of 1981 of the State of New York, to provide public transportation services for public benefit, and WHEREAS, Tompkins County applies quarterly for state transit operating assistance for TCAT, Inc., passes through state aid to TCAT, Inc., and administers the program consistent with state regulations, now therefore be it RESOLVED, on the recommendation of the Planning, Development, and Environmental Quality Committee, That the Tompkins County Legislature agrees to sponsor and execute an agreement with Tompkins Consolidated Area Transit, Inc., to receive State Transit Operating Assistance funds under Section 18-b of the Transportation Law and Section 182-a of the Laws of 1981 of the State of New York. RESOLVED, further, That the required local match to the state aid will be designated from local financial assistance paid by Tompkins County, City of Ithaca and Cornell University to TCAT, Inc. RESOLVED, further, That County sponsorship of TCAT, Inc., is retroactive to January 1, 2005. SEQR ACTION: TYPE II -20 RESOLUTION NO. 157 - AWARD OF TOURISM CAPITAL GRANTS FROM ROOM OCCUPANCY TAX FUND MOVED by Mr. Booth, seconded by Ms. Mackesey, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, the Tompkins County Tourism Program includes Tourism Capital grants and Tompkins County Area Development (TCAD) administers the Tourism Capital Grants Process, which includes designing the application process, reviewing and analyzing the feasibility and economic impact of tourism projects, and providing oversight for tourism projects, and WHEREAS, funding exists within the Room Tax Occupancy budget for Tourism Capital Grants, and WHEREAS, TCAD reviewed the following project with the Strategic Tourism Planning Board (STPB), and the STPB anticipates that the following project will encourage the development of tourism products and attractions in order to improve community assets, to increase the tourism business in the County, and to increase the income from the Room Occupancy tax, and the following grant award has been reviewed and recommended by the STPB, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the County Administrator or his designee is authorized to sign all documents related to this aroiect: Entity Project Finger Lakes Wine Center Center's location development 2007 2008 2009 TOTAL $50,000 $60,000 $50,000 $160,000 SEQR ACTION: TYPE II -20 Presentation of Resolution(s) from the Health and Human Services Committee RESOLUTION NO. 158 — AUTHORIZATION TO ENTER INTO A FIVE-YEAR LEASE AGREEMENT FOR THE TOMPKINS COUNTY HUMAN RIGHTS COMMISSION IN ITHACA, NEW YORK 226 August 21, 2007 MOVED by Mr. Shinagawa, seconded by Ms. Herrera. Mr. Proto said the Health and Human Services Committee was assured by Shawn Martel -Moore, Director of Human Rights, that there is an early termination clause contained in the agreement. A voice vote resulted as follows: Ayes — 14, Noes — 1 (Legislator Randall). RESOLUTIONADOPTED. WHEREAS, the Lease Agreement presently covering the offices in which the Tompkins County Human Rights Commission transacts business, located at 120 West State Street, in the City of Ithaca, County of Tompkins, State of New York, shall expire on August 30, 2007, and WHEREAS, this location provides convenient access to the public, and WHEREAS, the Human Rights Commissioner has negotiated a five-year extension with no increase in rent and an early termination clause, now therefore be it RESOLVED, on recommendation of the Health and Human Services and the Facilities and Infrastructure Committees, That the County Administrator, or his designee, is hereby authorized to finalize negotiations and sign a lease agreement with the landlord, Novarr-Mackesey Property Management, for the period of September 1, 2007, through August 31, 2012. SEQR ACTION: TYPE II -20 Report from a Municipal Official J.R. Clairborne, Common Council member and representative to the Recreation Partnership, reiterated the importance of continued funding to the Partnership from its current partners. Mr. Clairborne said one way to know about a community is in the way it treats its children. He said the Recreation Partnership provides a myriad of intellectual and recreational opportunities for the County's youth and without the County's support the program would be lacking. He said a partnership requires the support of all of its partners to honor its promise; in this case it is to provide programs to all youth in Tompkins County. Mr. Clairborne said the City of Ithaca has adopted a resolution and committed to continued support and asked that Tompkins County do the same. Presentation of Resolution(s) from the Health and Human Services Committee RESOLUTION NO. 159 - ADOPTION OF THE 2008-2012 INTERMUNICIPAL RECREATION PARTNERSHIP AGREEMENT MOVED by Mr. Shinagawa, seconded by Mr. Booth. It was MOVED by Mr. Koplinka-Loehr, seconded by Mr. Herrera, to amend the resolution by the addition of the following language: "RESOLVED, further, That after December 31, 2011, the County contribution shall decrease by twenty percent of the 2011 total each subsequent year, "RESOLVED, further, That the County urges development of a mechanism for increasing private donations and that increased effort be committed to establish and strengthen coordination with school districts and existing municipal recreation youth programs," Mr. Koplinka-Loehr said he does not believe anyone is questioning the value or importance of the Recreation Partnership as a partnership, but these amendments speak to the role and mission of County government. He said when the Recreation Partnership first started there was a long-standing tradition that recreation programs fall under the purview of local municipalities and the Department of Youth Services does not get into the delivery of youth recreation programs. Mr. Koplinka-Loehr said the County became involved in this as part of an assistance program to give some strength to a very fledgling partnership. He said the County did this for several years but asked when this would come to an end because he does not believe it is the County's mission to become involved in local recreation programs. 227 August 21, 2007 He was told that the County was still needed as a anchor; the proposed amendments to the resolution provide an additional four years of support but also identify a way for the County to decrease its contribution so that these programs can ultimately fall under local government purview. Ms. Herrera said she is glad Mr. Koplinka-Loehr has offered this amendment because she has expressed concern recently over the stability factor that she thinks has been lacking in some of the resolutions that have come before Legislature. She said she thinks government should do no less and if stability has been an ongoing issue, the steps outlined in the amendment presents a plan for the future rather than to fund it permanently. Ms. Kiefer said she has learned a lot about the Recreation Partnership and opposes the proposal to decrease the County's support. It was MOVED by Ms. Kiefer to delete the first Resolved in the amendment. Her suggested wording for the second Resolved was accepted as friendly and is reflected the original amendment above. MOTION FAILED DUE TO LACK OF A SECOND. Mr. Joseph said he will oppose the amendment because he does not agree with the premise it was based on in that this was a temporary action and something that isn't the County's business. He said it is true that when the Recreation Partnership was first started that it was said that temporary assistance was being requested in the first year. Subsequent to that a request for permanent funding was made and the County signed on to a permanent partnership. He said he thinks youth services are a perfectly legitimate function for the County to be involved in. Although not a lot of County dollars go to youth services, he thinks this is one piece where a commitment was made and the County should continue to be a partner. Mr. Proto agreed with Mr. Joseph's statement and said he thinks this is one intermunicipal organization that works well, although each year is a challenge. Mr. Proto said he has served as one of two County Legislators on the Recreation Partnership and assured Legislators that there is already an effort underway to address the items outlined in Mr. Koplinka-Loehr's second Resolved. He spoke of the great value there is in helping kids get along and having an enjoyable childhood. Mr. Proto also stated it is important for the County to show its support for this Countywide organization. Mr. Booth said he thinks this would be a legitimate item for the County to look at if it were in the process of deciding to reduce funding in numerous areas to prevent a significant increase in taxes. Under those circumstances he may be able to remove the County's participation in the Recreation Partnership; however, that is not what the present situation is. Mr. Booth said he thinks any analysis would suggest that any amount the County contributes is not financially necessarily for the Recreation Partnership to continue, but is the glue that holds the Partnership together. He thinks the Partnership has been successful and is something worth continuing and is one of the very few successful intermunicipal efforts. Ms. Robertson said she has repeatedly heard from municipal officials that the County's role in the Recreation Partnership is critical. In addition, she thinks providing youth services is an important County service, and without these programs many kids would likely be in trouble and then they would become the responsibility of the County, at a much higher cost. A voice vote on the amendment resulted as follows: Ayes — 4 (Legislators Hattery, Herrera, Koplinka-Loehr, and Sigler); Noes — 11. AMENDMENT FAILED. Mr. Shinagawa noted that when the County invests this $54,000 the Recreation Partnership receives an investment of $163,000 from the municipalities. Mrs. McBean-Clairborne asked if the County is still providing staff support and was told it is. Mr. Proto said while the County does provide staff support, the City also provides a fair amount of staff support to the Partnership. 228 August 21, 2007 Mr. Booth said there is a number that is not a part of these calculations — the amount the City of Ithaca pays to support the facilities that the Recreation Partnership depends upon. Ms. Robertson noted the Town of Ithaca also contributes more than $100,000 to the City of Ithaca to support the facilities. This is above and beyond their membership fee. Mr. Koplinka-Loehr raised questions with regard to process and said the process wasn't as nimble as it could have been to have allowed Legislators time to make changes to the final agreement. Mr. Shinagawa disagreed. He stated although having to see this agreement through several other municipal boards has resulted in being withdrawn from committee meetings there has been sufficient time to review the present agreement given the circumstances. A voice vote resulted as follows: Ayes — 12, Noes — 3 (Legislators Herrera, Koplinka-Loehr, and Sigler). RESOLUTION ADOPTED. WHEREAS, the County of Tompkins is currently a member of the Intermunicipal Recreation Partnership, and WHEREAS, the Recreation Partnership has been an excellent model of intermunicipal collaboration that enables the Towns of Caroline, Danby, Dryden, Enfield, Groton, Ithaca, Newfield, and Ulysses, the Village of Lansing, the City of Ithaca, and Tompkins County to jointly plan, finance, and share a more diverse set of high-quality recreation programs than any single municipality could offer on its own to over 2,500 youth/year, and WHEREAS, the current Intermunicipal Recreation Partnership Agreement will end December 31, 2007, and WHEREAS, the Recreation Partnership Board, comprised of representatives from participating municipalities wishing to continue this innovative partnership, has reviewed the current agreement and voted on August 13, 2007, to adopt the attached, updated Agreement for the period January 1, 2008, through December 31, 2012, and WHEREAS, municipalities in the Recreation Partnership value Tompkins County's commitment to building collaborative intermunicipal solutions to meeting needs of youth, and Tompkins County's contribution is essential in enabling smaller municipalities to participate affordably, and WHEREAS, the Agreement must be approved by the elected board of each participating municipality to take effect, now therefore be it RESOLVED, on recommendation of Health and Human Services Committee, That the 2008 - 2012 Intermunicipal Recreation Partnership Agreement is approved, RESOLVED, further, That the Chairman of the Legislature be, and hereby is, authorized to sign the Intermunicipal Recreation Partnership Agreement on behalf of the County, provided there are no substantive changes subsequent to this approval, RESOLVED, further, That in approving the Agreement, the County of Tompkins agrees to abide by its terms and conditions, RESOLVED, further, That a copy of this resolution be sent to the Recreation Partnership Board, care of Tompkins County Youth Services Department at 320 W. State Street, Ithaca, New York 14850. SEQR ACTON: TYPE II -20 INTERMUNICIPAL RECREATION PARTNERSHIP AGREEMENT January 1, 2008 — December 31, 2012 As recommended by the Recreation Partnership Board on August 13, 2007 Adopted August 21, 2007 Resolution No. 159 of 2007 229 August 21, 2007 Pursuant to Section 119-o of the General Municipal Law, the undersigned municipalities hereby enter into this Agreement to continue an updated version of a five year renewable Recreation Partnership. This agreement shall become effective upon execution by each and every participating municipality and shall be in force for the period beginning January 1, 2008 through December 31, 2012 and may be renewed for an additional five years by appropriate resolutions by each of the municipal partners on or before December 31, 2012, all other terms and conditions of this agreement remaining the same. The Recreation Partnership governing board may recommend amendments to this agreement with a two thirds majority vote of the entire Recreation Partnership Board. Recommended amendments must be ratified by all participating municipalities to take effect. Establishing a Program The parties hereby establish an on-going program partnership for the purpose of jointly planning, financing, providing, and coordinating shared recreational services that supplement and complement those offered by localities. A governing board of partners will direct and oversee the contracted services of the Ithaca Youth Bureau's Recreation Division and other providers. The Recreation Partnership will be governed independently of any municipality. The Recreation Partnership will have no authority over any locally planned, locally funded, and locally operated programs except at the request of the sponsoring municipality. Local programs may choose to use the Recreation Partnership as a vehicle for voluntarily sharing information, equipment, publicity about programs, and/or coordinating their respective services. Sharing Program Costs Fees, sponsorships, grants, fundraising, and the use of volunteers are not enough to cover the cost of running Recreation Partnership programs and services. A municipal contribution from all municipal partners is necessary to balance the budget. In order to fairly distribute these costs, the Partners agree to the following cost-sharing formula. The cost sharing formula allocates the annual net operating costs of programs into four equal shares. The City of Ithaca agrees to pay one quarter of the net operating cost, the Town of Ithaca agrees to pay one quarter, and the County agrees to pay one quarter. The smaller municipalities agree to share the remaining quarter. The cost for each smaller municipality shall be calculated using an index that combines the previous year's assessed value of its taxable properties in the Ithaca School District and its share of program participation averaged over the past three years. This formula, which assigns the assessed value twice the weight of participation, was selected for several reasons. First, the weighting of assessed value was used as a measure of each municipality's ability to pay for services. Second, the formula recognizes that children from the Ithaca City School District have been significant users of the services and a number of municipalities have been concerned about providing equitable support to all their youth. Third, the use of Ithaca City School District properties as opposed to the municipalities' full assessment, acknowledges that towns like Dryden, Ulysses, Groton, and Newfield also invest significantly in their own local recreation programs which are used primarily by children from their own school districts. A chart outlining 2008 approved municipal contribution is attached as Appendix 1; an updated version of this chart shall be given to each partnership municipality for each of the remaining 4 years of this agreement by January 15 of each year. To determine future contributions: A) The Recreation Partnership Board shall review preliminary budget projections in June and July and decide on the acceptable net program cost for the upcoming year by the end of July. B) During the budget development process, each Recreation Partnership Board member shall discuss the municipal payments needed with its municipality to determine if the preliminary budget adopted by the Recreation Partnership Board is feasible. 230 August 21, 2007 C) The Recreation Partnership Board may allocate revenues earned in prior years through sponsorships, fundraising, and donations to support budgets in upcoming years. D) Each municipal board shall accept or reject their respective share of the municipal contribution by the third Tuesday of November. E) The Recreation Partnership Board may re-examine the basis for cost allocation and may recommend amendments to this agreement to be ratified by all partners. Governance Name: The governing board shall be called the Recreation Partnership Board Membership: The Recreation Partnership Board shall have a total of 14 voting members. The partners include: Towns of Caroline, Danby, Dryden, Enfield, Groton, Ithaca, Newfield and Ulysses, the Village of Lansing, City of Ithaca and Tompkins County. Each participating municipality will have one seat on the governing board, except as provided below. The Recreation Partnership Board recommends that these seats be filled with an elected official willing and able to make policy decisions. When deemed necessary by a municipal board, an unelected lay designee who has the confidence of that municipal board may be appointed. In addition, the City of Ithaca, the Town of Ithaca, and Tompkins County shall appoint one additional representative each to reflect their greater investment in the Partnership. These additional appointed representatives may be elected or lay members. The Recreation Partnership Board may determine if it wants to create any non-voting at -large seats to add expertise or coordinating links to other key stakeholder groups. Municipalities shall designate their representatives and an alternate for each seat by certified resolution to be maintained on file with the Tompkins County Youth Services Department. Members will serve two-year terms at the pleasure of their municipal board. The Recreation Partnership Board will elect its own officers: a Chair, a Vice chair, and a Treasurer. Roles of the Recreation Partnership Board The Recreation Partnership Board shall operate under its own by-laws that have been ratified by all municipal partners. Future amendments to the by-laws that are not inconsistent with this agreement shall be made by a majority vote of the entire Recreation Partnership Board provided that the proposed amendment has been presented for consideration of the Recreation Partnership Board at the preceding regular meeting. In addition, the proposed by laws amendment must be mailed to all members at least ten days before the meeting at which the proposed change is to be voted upon. An amended copy of the by- laws will be sent to each municipal clerk and chief elected official for their records. The Recreation Partnership Board will develop a work plan of key policy, program, fundraising, and planning issues to be addressed annually. The Recreation Partnership Board urges municipal boards to include the proposed costs recommended by the Recreation Partnership Board in their tentative municipal budgets. The Recreation Partnership Board shall select providers, set program and budget priorities, approve the net operating budget for programs, set goals for generating additional and/or alternative revenues, set fees, adopt guidelines for scholarships and fiscal targets, and authorize County Youth Service Department to enter into agreements with provider(s) to implement approved actions of the Recreation Partnership Board. The Recreation Partnership Board shall determine its own meeting schedule but it shall meet no fewer than six times a year to review progress toward goals, address policy questions and review performance data and finances to assure that provider(s) are meeting the goals and expectations of the partners. The Recreation Partnership Board will periodically evaluate the performance of its providers and make recommendations to enable providers to improve services. Recreation Partnership Board representatives will be required to make regular reports to their municipalities including, but not limited to, annual budget guidelines and program services. 231 August 21, 2007 Roles of officers The Chair shall develop the agenda in consultation with the Tompkins County Youth Services Department staff and providers, chair the meetings, represent the Recreation Partnership Board at inter- municipal or public meetings, appoint a Finance Committee and assist as needed in contract negotiations to implement the wishes of the Recreation Partnership Board. The Vice Chair shall act in the absence of the Chair. The Treasurer will work with the provider(s) and Tompkins County Youth Services Department staff to develop a format for regular financial reports that meet the needs of the Recreation Partnership Board. The Treasurer and the Finance Committee shall review the financial report prior to the Recreation Partnership Board meetings and present the report to the full Recreation Partnership Board, noting any significant changes in expenses or revenues. The Treasurer and Finance Committee will recommend to the Recreation Partnership Board a budget timetable and guidelines to enable providers to prepare budgets for the upcoming year. Role of Fiscal Agent and Staff Support The participating municipalities will make their payments to Tompkins County on a schedule agreeable to all partners. Tompkins County's fiscal officer will have custody of the funds, which will be managed as a separate program within the Tompkins County Youth Services Department budget. The County Youth Services Department makes payments to providers as authorized by the Recreation Partnership Board in approved contracts. The Recreation Partnership Board will explore the feasibility of creating a program coordinator position to assist the Recreation Partnership Board in performing the functions the board members, providers, and county staff cannot fulfill. Any such proposal adopted by the Recreation Partnership Board needs to be ratified by all partners. Roles of Tompkins County Youth Services Department Staff from the Tompkins County Youth Services Department will work in close cooperation with the Recreation Division of the Ithaca Youth Bureau and other providers to provide support to the Recreation Partnership Board that includes: • coordination of orientation of new members to the Partnership and its services; • orientation to the roles of the Recreation Partnership Board and its members; • assistance in developing an annual work plan of priority planning, oversight, fundraising, and evaluation issues; • assistance in developing policy options and guidelines for the Board's action as needed to implement the work plan; • preparation of meeting agendas in consultation with the Board chair and providers; • preparation of minutes; • preparation of contracts with providers as authorized by the Recreation Partnership Board; • coordination with the providers to assure that program and financial reporting meets the needs of the Recreation Partnership Board; • coordination with providers to assure that their program policy questions that require Recreation Partnership Board decisions are acted on in a timely way; • authorization of payments per Recreation Partnership Board authorized contracts after audit of claims pursuant to Tompkins County procedure. • assistance to the Recreation Partnership Board in monitoring and evaluating providers, as requested. • staff support to Recreation Partnership Board to implement work plan. Roles of Recreation Program Provider(s) The provider(s) will be responsible for: 232 August 21, 2007 • providing the programs and services authorized by the Recreation Partnership Board in compliance with all relevant laws and safety regulations; • providing a yearly summary of participation and periodically highlighting any trends or significant changes in program participation, customer feedback, expenses or revenues for the Recreation Partnership Board; • providing adequate liability coverage as determined by the County and the Recreation Partnership Board for approved programs and defending, indemnifying and holding the participating municipalities harmless; • tracking and reporting expenses and revenues as outlined in the contract; • tracking participation in formats and on a schedule requested by or acceptable to the Recreation Partnership Board; • periodically highlighting any trends or significant changes in programming, participation, customer feedback, expenses, or revenues for the Recreation Partnership Board; • recommending programs or changes to improve services and/or lower costs; • working with the Tompkins County Youth Services Department to present any policy questions and options related to programs or financing that require Recreation Partnership Board action. FISCAL AND ADMINISTRATIVE ACCOUNTABILITY Role and Relationship of the City of Ithaca: As a member, the City will be responsible for one quarter of the program costs. Like other members, it will make a payment to Tompkins County for its share of the approved budget. Like Tompkins County and the Town of Ithaca, it will have two seats on the governing board. Like other members, it may ask or convene local advisory committees to recommend the kinds of recreation services they want for the residents of their own municipality. As a provider selected to operate programs, the City of Ithaca's Youth Bureau will hire/contract staff as needed within the approved budget to provide services authorized by the Recreation Partnership Board. As a provider, the City will use its own facilities and may enter into agreements with other municipal partners or agencies to use other facilities throughout the partnership for approved programs. As a provider, the Ithaca Youth Bureau will keep separate account of partnership funds and report in a format and on a timetable requested by the Recreation Partnership Board. Role of Tompkins County: Tompkins County is the fiscal agent for the Partnership. The County shall invoice municipalities based on the agreed -on cost allocation and payment schedule. The County shall provide financial reports to the treasurer and Finance Committee as requested by the Recreation Partnership Board. The County Youth Services Department will administer those funds in accordance with the wishes of the Recreation Partnership Board by creating and managing contracts with designated providers and making approved payments to providers. The providers will continue to be responsible for tracking line item expenses and program revenues and will provide this information in a format required by the Recreation Partnership Board. Fiscal accountability As a condition of this agreement, designated provider(s) shall maintain records of expenses and revenues as required by the Recreation Partnership Board. The providers shall prepare financial reports in a format that satisfies the governing board which includes proposed budget and year—to-date cumulative expenses and revenues. The County shall pay the Ithaca Youth Bureau 100% of the agreed-upon contract amount to provide approved programs. The County shall make the annual payments in three equal amounts by April 30th, September 30th, and January 15th. The County shall pay all other providers the agreed upon total budget for approved programs in the manner described in the provider's contract. How Municipalities Join or Leave the Partnership 233 August 21, 2007 Joining: If any municipality chooses to join after January 2008, the Recreation Partnership Board will calculate the cost for a new member and the board will determine the effective date of membership. After signing this Agreement the new municipality will be invited to appoint one elected official or designee and alternate to serve as a voting member on the Recreation Partnership Board, and the size of the Recreation Partnership Board shall increase by one. For the first year, the Recreation Partnership Board will determine if the additional municipal contribution will change the already agreed -on municipal contribution for the current partners and if so by how much, subject to approval by municipal boards. Leaving: A member municipality may elect to withdraw from the Recreation Partnership. The municipality seeking to withdraw must notify the Recreation Partnership Board in writing and commit to making its contribution for the following year. E.g., a municipality must notify the Recreation Partnership Board in writing any time in 2008 of its intention to withdraw at the end of December 2009. If a municipality withdraws the Recreation Partnership will budget for this reduction in municipal revenues. By entering into this agreement, each municipality pledges to honor its contractual obligations to the other members and to abide by the notification policy herein described when it desires to leave the Recreation Partnership. In 2011, the year prior to the agreement's end, the Recreation Partnership Board will review and update the agreement. Any municipality wishing to withdraw at the end of the agreement must notify the Recreation Partnership Board of its intention by June 2011. Participation in Programs by Residents on Non -Member Municipalities Residents from non-member municipalities are welcome to participate on a space -available basis. Since they are not contributing through local taxes to subsidize the programs, they will be charged a fee twice the rate charged to members OR the actual unsubsidized cost, based on the prior year's calculation, whichever amount is higher. Presentation: New York State Sales Tax Intercept — Tompkins County Options Ms. Jayne provided the Legislature with information pertaining to the New York State Sales Tax Intercept: What is the Sales Tax Intercept? If Tompkins County were to opt in for the Intercept program it would no longer have a Medicaid bill of any kind. • Allocate sales tax revenue to pay for the Medicaid Program • Or continue to pay the current 3% Medicaid cap Timeline: • Deadline — September 30, 2007 — once the County elects the option it remains in effect indefinitely. • There is no Opt Out or In after this date. Factors to Consider: In 2006, Tompkins County's • Social Services Medicaid expenditure cap was $10,227,683 • Sales Tax Intercept calculation would be $10,100,175 (based on: Medicaid factor is .0083 of; SFY 2006-2007 Tax Base $1,216,888,500 • Tompkins County's sales tax average annual growth from 1996-2006 is 4% • NYS Annual Medicaid cap is 3% 234 August 21, 2007 Sales Tax Intercept Analysis: Ms. Jayne presented projections based on the Tompkins County average annual increase in sales tax from 1996-2006 of 4%. Legislators asked questions and discussed the pros and cons of the options. Mr. Squires said the State Comptroller had recommended that only three counties opt in for the Intercept; Tompkins was not one of them. Recommendation: The Finance Director's opinion is that Tompkins County should not accept the offer. The Budget and Capital Committee recommended to not accept the Sales Tax Intercept Offer. Mr. Sigler noted accepting this would affect our control and transparency. Mr. Proto noted over the decades New York State has tried to take part of our sales tax, but in Tompkins County we are very reliant on sales tax and need to preserve our sales tax. Mr. Joseph said if any Legislator wants the County to take this step, they can still bring it forward; September 30 is the deadline. Chair's Report and Appointment(s) Mr. Joseph reported that at the last meeting he asked Legislators to return a survey of what topics should be taken up with department heads in a series of meetings that will be held. Some of the responses that came out on the top of the list included: program evaluation outside of the budget process, the role and expectations of the County Administrator, function of program committees, and setting goals and priorities. Several Legislators also placed additional items on the list and it is important to recognize that people didn't have a chance to vote on those items. He said there will likely be another poll with those items included before the next meeting with department heads. Mr. Joseph said that the role and expectations of the County Administrator seems to be a timely topic to be taken up because of the process taking place of hiring a new County Administrator. Mr. Joseph said department heads have already had a facilitated meeting on that topic as part of the Administrator search process and suggested Legislators do the same and then meet with department heads. He announced the following schedule: 5:30 p.m., September 11 - facilitated meeting with Legislators; October 11 — meeting with department heads. Report from the County Administrator Mr. Whicher reported departments have submitted budgets. He also reported the conversion to a fully relational database system that all departments and agencies are using. He noted that now, within one week, he is able to tell where the County stands with its budget and said this is a substantial improvement over the previous practice. Mr. Whicher said he will be able to present the Legislature with the budget at the two percent level requested; however, it will not be pretty and there will be some difficult decisions that will need to be made. Mr. Whicher reported he received the contract from the Department of State for the Council of Government's SMSI Healthcare Consolidation grant. The request for qualifications came in yesterday and there have been four responses. The Steering Committee will be meeting in two weeks to select one or two of these responders to interview. Ms. Robertson asked who is serving on the Steering Committee. Mr. Whicher said he will provide this information to her. Mr. Proto asked, because this involves all of the municipalities, will the Legislature, at some point know how many municipalities offer health insurance to retirees. Mr. Whicher responded yes. 235 August 21, 2007 There were a few questions posed with regard to Mr. Whicher's budget at a two percent level and whether it would be a recommended by Mr. Whicher. Mr. Joseph said Mr. Whicher is doing what he was he was asked to do and said asking him to present a two percent budget and asking him to present a budget he recommends are two different requests. Although not likely, it is conceivable that a budget could meet both of those criteria. Ms. Kiefer asked to have presentations from the Finance and Information Technology Services departments. Report from the County Attorney Mr. Wood reported his longest -running case, which originated in 2000, has concluded — Tracy vs. Freshwater. The case involved a fugitive from justice on a federal drug warrant who was injured in an altercation with a Sheriffs Deputy and then sued the County. Mr. Wood said the 47 -page opinion concluded the officer did nothing wrong. Mr. Wood said this case involved 196 documents and 67 motions filed by the plaintiff and he is pleased to have it finally resolved. Mr. Wood reported in July, 1999, a young man who was at the Glove House while in the custody of the County Department of Social Services, alleges he was abused while in custody. Mr. Wood said the case was recently dismissed against the Glove House and the County. After extensive discovery, the plaintiff in a case dating to May, 2005, withdrew his claim in which he stated he was injured during a fall at the Recycling and Solid Waste Center. Mr. Hattery asked for a status report with regard to the case involving Bolton Point and its challenge to the County's method of water system fees. Mr. Wood said an appeal has been filed and he is waiting for a brief in response to be filed by the plaintiff. Once that is filed, a court date will be scheduled. Report from the Finance Director Mr. Squires reported a meeting was held yesterday with deferred compensation providers. An award will be made by resolution and will be based on a recommendation from Brooke Kominos, Benefits Manager; Steve Whicher, County Administrator; and himself. He also reported he will be meeting with bond counsel next week because of additional financing needs to pay for the final phases of the TC3 campus expansion. 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 permission to withdraw the following resolution(s) from the agenda: Determination of Negative Declaration of Environmental Significance in relation to Reconstruction of Hanshaw Road, CR 109, in the town s of Ithaca and Dryden and Village of Cayuga Heights, PIN 3753.25 Authorization to Issue Design and Right -of -Way Plan Approvals for the Reconstruction of Hanshaw Road, CR 109, Towns of Ithaca and Dryden and Village of Cayuga Heights, PIN 3753.25 236 August 21, 2007 Report from the Public Safety Committee Mrs. McBean-Clairborne, Chair, had no report. The next meeting will be August 24th Report from the Workforce Diversity and Inclusion Committee Mrs. McBean-Clairborne, Chair, had no report. Report and Presentation of Resolution(s) from the Health and Human Services Committee Mr. Shinagawa, Chair, reported the Committee met and discussed many of the items that have already been discussed previously in this meeting. He announced the Committee will only meet one time per month during the months of September and October while Expanded Budget and Capital Committee meetings are being held. RESOLUTION NO. 160 - APPROPRIATION FROM CONTINGENT FUND — TERMINAL - PAY REIMBURSEMENT - HEALTH DEPARTMENT MOVED by Mr. Shinagawa, seconded by Ms. Robertson. A short roll call vote resulted as follows: Ayes — 15, Noes — 0. RESOLUTION ADOPTED. WHEREAS, the Health Department Senior Public Health Engineer resigned effective May 4, 2007, and WHEREAS, the Health Department had a Senior Account Clerk Typist retire effective April 27, 2007, and WHEREAS, the Fiscal Policy of Tompkins County allows for terminal -pay reimbursement 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 $28,798 TO: A4090.51000240 Senior Public Health Engineer $17,625 A4090.58800 Fringes $ 6,874 A4016.51000529 Senior Account Clerk Typist $ 3,093 A4016.58800 Fringes $ 1,206 SEQR ACTION: TYPE II -20 Report from the Health Department Building Committee Mr. Proto, Chair, reported the Committee has not met as a result of the action taken at the last meeting of this Legislature. He said they are currently working with staff to obtain necessary information that will be needed in September. Ed Marx, Commissioner of Planning and Public Works, reported staff is working with the Cornell real estate department on bringing back information on that proposal because additional action by this Legislature will be necessary. Mr. Proto said another meeting has not been scheduled at this time. Ms. Herrera asked if there was any information available on the tour of the building that was requested by Legislators. Mr. Proto said he would look into this. Report from the Facilities and Infrastructure Committee Ms. Herrera, Chair, reported on several items. She announced the August 28th meeting will not be canceled as previously discussed. At that time the Committee will be discussing the two resolutions pertaining to Hanshaw Road that were withdrawn from the agenda this evening. 237 August 21, 2007 She said an update was given with regard to mitigation of damage to the Library solar panels as a result of thrown objects. She was informed that no information or discussions have taken place since June; however staff has been asked to be in touch with the City with the hope there is a response to the County's pleas for a cooperative solution to this problem. Ms. Herrera provided an update on the following capital projects as reported at recent Committee meetings: • Halseyville Road — Paving will begin on Thursday and the road should be open by August 1st • Spring Street Extension — The existing bridge has been removed and concrete will be poured on Wednesday, July 25, 2007. • Banks Road Bridge — A meeting has occurred with the State Emergency Management Office and Federal Emergency Management Agency who have expressed a desire to replace the entire bridge. A design report should be completed within the next few weeks for a new bridge. The agencies felt it would be better to replace the bridge than repair a section now and have to come back in the near future to do more repair work. • Harford-Slaterville Bridge — At the time the estimated cost of the bridge repair was being undertaken a meeting was being planned between Tioga County and Tompkins County to review estimates. Both counties will share in the cost of the construction that will open a full two -lanes for the bridge. • Ringwood Road — There will be a construction meeting in August regarding the work on the bridge. At this time the pre -cast concrete unit has been delivered for the project. • Warren Road — There will not be any improvements to the United States Post Office entrance as had been suggested because the New York State Department of Transportation objected to the work. • Weatherby Road — The old, insufficient pavement has been milled out and the repaving is complete. Following this, a surface treatment was done to seal the road; this work was done at the contractor's (Countour) expense. It is believed the problem with the pavement was due to inclement and unseasonably cold weather combined with insufficient compaction; upon discovery, the contractor did not hesitate to resolve the issue. The Committee has heard from Robert Nicholas, Airport Manager, on the Transportation Safety Administration contract amendments and how it resulted in a shortfall of $80,000 would affect the airlines if they were required to make up for the shortfall. Senator Schumer's office is still working on the matter, but it doesn't look like there is going to be much relief. At the August 14 meeting the Committee discussed the presentation provided by ECC Technologies and the possibility of grant funding for the study to look at what infrastructure exists in the County and then to develop a plan to move forward based on the recommendations. She said there are so many possibilities and options that are involved and the Committee will continue to talk about this. Report and Presentation of Resolution(s) from the Personnel Committee Mr. Dennis, Chair, reported on August 10 the County received a Declaration of Impasse with the Road Patrol. At 3 p.m. tomorrow there will be an informational meeting on health insurance for retirees; all Legislators are encouraged to attend. He said as these meetings move forward he will make sure retirees know when this topic will be discussed. Mr. Dennis reported the County Administrator Search Committee will be meeting in the near future. He said he is working with the Personnel Commissioner on preparing an advertisement of the position. Ms. Kiefer said she has been anxiously waiting to hear whether she will be a member of the Search Committee. She spoke with regard to advertising for the position and stated she thinks it is important for the Search Committee to review the advertisement before it is published because there may be particular areas or skills the County would like to place emphasis on. 238 August 21, 2007 Other members of the Legislature agreed with Ms. Kiefer's comments and following a brief discussion, Mr. Dennis and Mr. Whicher agreed to meet to discuss different process steps. RESOLUTION NO. 161 — AUTHORIZATION OF PAYMENT FOR THE DEVELOPMENT OF THE TOMPKINS COUNTY DIVERSITY LOGO MOVED by Mr. Dennis, seconded by Mrs. McBean-Clairborne. Mr. Proto said while Legislators appreciate the contribution that has been made, he thinks this constitutes a gift and thinks a letter of appreciation would be more appropriate. He said there are several individuals on advisory boards who perform volunteer services and thinks this would not set a good precedent. Mr. Stevenson agreed with Mr. Proto's comments. In addition, he opposed the language contained in the first Whereas that states "at no cost to the County", and said that is in conflict with the action of the resolution because it makes a provision for payment to the individual. A roll call vote resulted as follows: Ayes — 10 (Legislators Dennis, Herrera, Joseph, Kiefer, Koplinka-Loehr, Mackesey, McBean-Clairborne, Robertson, Shinagawa, and Sigler); Noes — 5 (Legislator Booth, Hattery, Proto, Randall, and Stevenson). RESOLUTION ADOPTED. WHEREAS, Ann Stephenson provided professional service in the design and layout of the Tompkins County Diversity Logo at no cost to the County, and WHEREAS, the time Ms. Stephenson put into the design and redesign of the diversity logo as requested by the Workforce Diversity and Inclusion Committee was significantly more than originally anticipated, and WHEREAS, the services represent a significant contribution to the Tompkins County Diversity program, now therefore be it RESOLVED, on recommendation of the Personnel Committee, That in recognition of the valuable contribution made by Ann Stephenson in support of the County's diversity initiative, the Tompkins County Legislature hereby authorizes the Director of Finance to disburse $500 from Account No. 1430.54486 in appreciation of the effort provided. SEQR ACTION: TYPE II -20 RESOLUTION NO. 162 - RESTRUCTURING OF THE INTERNSHIP PROGRAM AND CREATION OF A LIVING WAGE FOR PROJECT ASSISTANTS MOVED by Mr. Dennis, seconded by Mrs. McBean-Clairborne. In response to a question, Mr. Dennis said 14 Project Assistants are students. In the summer there were six positions in Workforce Development; the Human Rights Department has 35 -hour positions; the Department of Social Services has five positions; Personnel has one position; and the Solid Waste Division has two positions. The position in Personnel was filled by a TC3 student and the positions in Workforce Development were filled by students; all of the other positions are not filled by students. Mr. Hattery asked if this resolution permits flexibility for student for whom the internship is important enough in terms of gaining experience, that they would be willing to accept a salary lower than the living wage because of its contribution to their educational experience. Mr. Dennis said the purpose of this resolution is to follow the wishes of this Legislature in establishing a living wage for these positions. He said this program works for unemployed persons and is being used to widen the diversity program and prepare individuals for the Civil Service program. 239 August 21, 2007 Ms. Kiefer said she was informed that students are required by colleges to have health insurance so she thinks the range should start lower than the livable wage for people with health insurance. It was MOVED by Ms. Kiefer, seconded by Ms. Robertson, to amend the amount of $11.18 contained in the fifth Whereas from $11.18 to $10.00 per hour. It was clarified that health insurance is not a requirement of all colleges. Ms. Robertson asked that if this amendment were to pass she would like the resolution to clarify the intent of the motion and to state that the lower wage is intended for individuals with health insurance. Various suggestions were made to change the figures with regard to hourly rates for individuals with and without health insurance. Mr. Sigler said the Committee discussed this and decided to recommend the proposed amount of $11.18. He is not a proponent of the Living Wage, however, the County has committed to that. He said he opposes the amendment because he does not think it is appropriate to ask a candidate if they have health insurance and if so, who is paying for it. It was MOVED by Mr. Booth, seconded by Mr. Proto, to Table this resolution. A voice vote resulted as follows: Ayes — 8 (Legislators Booth, Hattery, Kiefer, Mackesey, Proto, Robertson, Randall, and Stevenson); Noes — 7 (Legislators Dennis, Herrera, Joseph, Koplinka-Loehr, McBean-Clairborne, Shinagawa, and Sigler). MOTION CARRIED, RESOLUTION TABLE INDEFINITELY. WHEREAS, the Tompkins County Legislature, by Resolution No. 125, of June 6, 2000, approved the creation of an Internship Program to give eligible internship candidates an opportunity to provide meaningful, challenging, hands-on, in-depth work experience at a rate of pay from $7.00 to $10.00 per hour with no fringe benefits, and Resolution No. 254, dated November 21, 2000, increased the maximum rate of pay to $15.00 per hour, and increased the hours of all positions to 40 per week, and WHEREAS, the Internship Program continues to be a successful cost-effective method of meeting the goal of providing meaningful, challenging, hand -on, in-depth work experience for candidates who are college students (who are not otherwise eligible for full payment through any other work-study program), high school students, or any other person who is unemployed or underemployed, and WHEREAS, this program continues to provide another avenue to diversify the workforce and enhance and broaden the opportunities for County Departments to utilize the knowledge, skills, and abilities of eligible candidates to provide a valuable service to the taxpayer, and WHEREAS, according to the Alternatives Federal Credit Union (AFCU), a living wage is defined as the amount of income and resources (such as health insurance) needed for an individual to meet his/her basic needs without public or private assistance, and Tompkins County is fully in support of the concept of paying a living wage to all of its employees, and WHEREAS, according to a study done in 2006 by the AFCU, the 2007 living wage for a single individual who has no children but does have health insurance is at least $9.83 per hour for a 40 -hour workweek and that a single individual with no children or health insurance needs at least $11.18 per hour (the $1.35 per hour difference being what it would cost the individual to purchase insurance through Healthy New York) in order to maintain himself or herself without public or private assistance, and WHEREAS, it would be more efficient and cost effective for individual departments to create and manage their own positions, distribute, gather and process their own timecards, and not have to perform manual budget adjustments to reconcile accounts, and WHEREAS, it is imperative that the Commissioner of Personnel maintain control over the recruitment and placement of interns in order to ensure that the program continues to meet the goals outlined in paragraphs two and three above, now therefore be it RESOLVED, on recommendation of the Personnel Committee, That the internship program shall continue indefinitely, RESOLVED, further, That Project Assistant positions (76/049) shall have a standard work -week of up to 40 hours, with no benefits, and up to a maximum eighteen -month duration, RESOLVED, further, That each department may create, upon Legislative approval, a sufficient number of Project Assistant positions (76/049) to address individual departmental needs, that these 240 August 21, 2007 positions shall be funded from the budget of the creating department, and that the Commissioner of Personnel will maintain involvement and oversight with regard to recruitment and placement, RESOLVED, further, That departments may offer a livable wage to Project Assistant employees anywhere from $11.18 per hour to $20.00 per hour, with no fringe benefits, RESOLVED, further, That no additional funding is required. SEQR ACTION: TYPE II -20 Report and Presentation of Resolution(s) from the Government Operations Committee Mr. Stevenson, Chair, thanked Mr. Squires for putting the deferred compensation informational presentation together. As he is familiar with two out of the three vendors that made presentations, he was grateful to have an opportunity to see the vendor he didn't know anything about. The next Committee meeting will be September 14. RESOLUTION NO. 163 — RESOLUTION IN SUPPORT OF CONTINUED USE OF LEVER VOTING MACHINES IN NEW YORK STATE MOVED by Mr. Stevenson, seconded by Mr. Hattery. Mr. Proto referred to the following language contained in the fifth Whereas: "allows municipalities in New York State to use lever voting machines until at least one HAVA-compliant electronic voting machine is certified for use in New York State," and said it conflicts with the Resolved language: "permit municipalities in New York State to use the lever voting machines until at least two HAVA electronic voting machines of which one is an optical scanner are certified for use in New York State". Mr. Proto asked what the impact would be if the County is supporting two recommendations, one of which is an optical scanner. He also noted the County has not made a commitment to an optical scanner previously. Mr. Joseph clarified that the County did not recommend an optical scanner; it recommended that an optical scanner be one of the choices. Ms. Robertson said the intent of the fifth Whereas is to ask the State to give counties a choice. It was clarified that the State Board of Elections will certify the machines and election commissioners for each county will select the machine. Mr. Joseph said this was a resolution about asking for permission to continue using lever machines until a decision is made; however, the resolution weighs in on what decision we want to be made. It does not reflect the decision he would like to see made. He thinks the State should have selected one machine Statewide. It was MOVED by Mr. Sigler, seconded by Mrs. McBean-Clairborne, to strike the following language from the Resolved: "at least two and of which one is an optical scanner are". Ms. Robertson said she favors an optical scanner but she doesn't have any reason to think that is what the State will choose. She said she would not support a resolution that puts Tompkins County on record as wanting to use the lever machines until New York State decides on a machine to be certified. Ms. Herrera said she is in agreement with Ms. Robertson's comments. She also stated this resolution not only urges the certification, but the proposed additional language, although expansive, is consistent with what this Legislature has urged in the past. 241 August 21, 2007 The Question was called by Mr. Booth, seconded by Mrs. McBean-Clairborne. A voice vote on calling the question resulted as follows: Ayes — 11, Noes — 4 (Legislators Dennis, Herrera, Kiefer, and Robertson). THE QUESTION WAS CALLED. A voice vote on the amendment resulted as follows: Ayes — 9 (Legislators Booth, Hattery, Koplinka-Loehr, Joseph, McBean-Clairborne, Proto, Randall, Sigler, and Shinagawa); Noes — 6 (Legislators Dennis, Herrera, Kiefer, Mackesey, Robertson, and Stevenson). AMENDMENT CARRIED. It was MOVED by Ms. Robertson, seconded by Ms. Herrera, to amend the Resolved to read: "RESOLVED, on recommendation of the Government Operations Committee, That the Tompkins County Legislature urges that language be inserted into the Voter Confidence and Increased Accessibility Act of 2007 (H.R. 811) that would permit municipalities in New York State to use the lever voting machines until New York State completes its certification process for HAVA-compliant voting machines". A voice vote on the amendment resulted as follows: Ayes — 11; Noes — 4 (Legislators Dennis, Kiefer, Mackesey, and Proto). MOTION CARRIED. A voice vote on the resolution as amended resulted as follows: Ayes — 14, Noes — 1 (Legislator Dennis). RESOLUTION ADOPTED. WHEREAS, Tompkins County and all of the other municipalities in New York State have been successfully using lever voting machines for decades, and WHEREAS, the Help America Vote Act of 2002 (HAVA) prohibited the use of lever machines after September 1, 2006, and WHEREAS, as of September 1, 2006, no HAVA-compliant voting machines were certified for use in New York State and a Federal Judge approved the use of lever machines in New York State for 2006 elections, and WHEREAS, as of July 2007, HAVA-compliant electronic voting machines had not been certified for use in New York State and at this time there will not be a HAVA-compliant electronic voting machine certified for use in New York State in time for the Presidential Primary (February 5, 2008) and possibly not for the 2008 Presidential Election, and WHEREAS, the New York State Legislature passed legislation in July of 2007 (and the bill was signed by the governor in August 2007) that effectively allows municipalities in New York State to use lever voting machines until at least one HAVA-compliant electronic voting machine is certified for use in New York State, and WHEREAS, the current language of the proposed Voter Confidence and Increased Accessibility Act of 2007 (H.R. 811) would effectively prevent any municipality in New York State from using lever machines for any Federal election beginning in February 2008, and WHEREAS, the only method of voting that would be available for use in New York State would be by Paper Ballot (which in Tompkins County would have to be manually counted — possibly twice), and WHEREAS, manually counting paper ballots would likely delay the certification of the results of the election to a time well past the November 30th deadline mandated by law, and WHEREAS, the lever machines still operate accurately and have the confidence of our voters, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the Tompkins County Legislature urges that language be inserted into the Voter Confidence and Increased Accessibility Act of 2007 (H.R. 811) that would permit municipalities in New York State to use the lever voting machines until New York State completes its certification process for HAVA-compliant voting machines. SEQR ACTION: TYPE II -20 242 August 21, 2007 Report and Presentation of Resolution(s) from the Planning, Development and Environmental Quality Committee Ms. Robertson, Chair, reported the Committee met on August 13 and many of the resolutions acted upon at that meeting were approved under the Consent Agenda. She said the Committee will be learning about wind energy. She announced changes to the upcoming meeting schedule. The Committee will meet on October 18 at 3:30 p.m., and November 15 at 3:30 p.m. The next meeting will be September 10. RESOLUTION NO. 164 - AUTHORIZING 2007 FEDERAL TRANSIT ADMINISTRATION SECTION 5307 GRANT — TCAT MOVED by Ms. Robertson, seconded by Mr. Booth, and unanimously adopted by voice vote. Mr. Proto stated the dollar amounts in this resolution are correct, details pertaining to how two items will be distributed is still being defined (Project Administration and Short-term Transit Planning). 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 by the Governor of New York State of Federal Transit Administration (FTA) Section 5307 Urban Formula transit 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 $1,245,902 to be used for operating assistance, capital and planning projects for 2007 as approved by the Ithaca -Tompkins County Transportation Council and included in the 2006-2008 Transportation Improvement Program as amended on May 15, 2007, and WHEREAS, the County, as FTA grant recipient, will apply on behalf of the County and Tompkins Consolidated Area Transit (TCAT, Inc.), subrecipient, to receive and use said funds as follows: Project FTA 5307 NYSDOT TCAT County TOTAL Funding Preventive Maintenance $1,101,902 $137,738 $137,738 - $1,377,378 Project Administration 35,200 4,400 - $4,400 44,000 Communications 20,800 2,600 2,600 - 26,000 Clean Diesel Conversion 12,800 1,600 1,600 - 16,000 Shop Equipment 10,000 1,250 1,250 - 12,500 Short Term Transit Planning 35,200 4,400 - 4,400 44,000 Operating Assistance 30,000 3,200,000 5,667,037 - 8,897,037 Total $1,245,902 $3,351,988 $5,810,225 $8,800 $10,416,915 , now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the Tompkins County Legislature authorizes the County Contracts Coordinator to execute and file applications on behalf of the County of Tompkins with the United States Department of Transportation and the New York State Department of Transportation for the 2007 Section 5307 Grant, in the amount of $1,245,902 and RESOLVED, further, the County Contracts Coordinator is authorized to sign: 1. Any and all agreements between Tompkins County and the State of New York for the Project. 2. Any and all agreements between Tompkins County and Tompkins Consolidated Area Transit, Inc., and any third -party subcontractors necessary to complete the project, if applicable. SEQR ACTION: TYPE II -20 243 August 21, 2007 Report and Presentation of Resolution(s) from the Budget and Capital Committee Mr. Koplinka-Loehr, Chair, reported the Committee heard a presentation from Julia Mattick, Director of the Workforce Investment Board, concerning funding. She reported on an interpretation of language by the IDA (Industrial Development Agency) attorney of the Public Authority and Accountability Act as it applies to how the IDA is funded. There was also discussion of the Expanded Budget Committee Calendar and he said presentations by departments are being scheduled. Mr. Koplinka-Loehr read a list of questions that will be asked of departments. RESOLUTION NO. 165 - 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, 2009 MOVED by Mr. Koplinka-Loehr, seconded by Mr. Booth. A voice vote resulted as follows: Ayes — 11, Noes — 4 (Legislators Herrera, Proto, Randall, and Sigler). 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, 2009, 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, 2009, the provisions of subdivisions (a), (b), (c), (d) and (e) of this section apply, except that for the purposes of this subdivision, all references in said subdivisions (a), (b), (c) and (d) to an effective date shall be read as referring to December 1, 1992, all references in said subdivision (a) to the date four months prior to the effective date shall be read as referring to August 1, 1992, and the reference in subdivision (b) to the date immediately preceding the effective date shall be read as referring to November 30, 1992. Nothing herein shall be deemed to exempt from tax at the rate in effect prior to December 1, 1992, any transaction which may not be subject to the additional tax imposed effective on that date. SECTION 3. Section four of Resolution No. 256A as enacted in nineteen hundred sixty-six, as amended, is amended to read as follows: SECTION 4. Imposition of compensating use tax. (a) Except to the extent that property or services have already been or will be subject to the sales tax under this enactment, there is hereby imposed on every person a use tax for the use within this taxing jurisdiction on and after December 1, 1992, except as otherwise exempted under this enactment, (A) of any tangible personal property purchased at retail, (B) of any tangible personal property (other than computer software used by the author or other creator) manufactured, processed or assembled by the user, (i) if items of the same kind of tangible personal property are offered for sale by him in the regular course of business or (ii), if items are used as such or incorporated into a structure, building or real property, by a contractor, subcontractor or repairman in erecting structures or buildings, or building on, or otherwise adding to, altering, improving, maintaining, servicing or repairing real property, property or land, as the 244 August 21, 2007 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, 2009, the tax shall be at the rate of four percent, and on and after December 1, 2009, 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, 2009, the tax shall be at a rate of four percent, and on and after December 1, 2009, 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, 2009, the tax shall be at the rate of four percent, and on and after December 1, 2009, the tax shall be at the rate of three percent, of the consideration given or contracted to be given for the tangible personal property manufactured, processed or assembled into the tangible personal property the use of which is subject to tax, including any charges for shipping or delivery as described in paragraph three of subdivision (b) of section one. (e) Notwithstanding the foregoing provisions of this section, for purposes of clause (B) of subdivision (a) of this section, there shall be no tax on any portion of such price which represents the value added by the user to tangible personal property which he fabricates and installs to the specifications of an addition or capital improvement to real property, property or land, as the terms real property, property or land are defined in the real property tax law, over and above the prevailing normal purchase price prior to such fabrication of such tangible personal property which a manufacturer, producer or assembler would charge an unrelated contractor who similarly fabricated and installed such tangible personal property to the specifications of an addition or capital improvement to such real property, property or land. (f) For purposes of clauses (C), (D) and (E) of subdivision (a) of this section, for the period commencing December 1, 1992, and ending November 30, 2009, the tax shall be at the rate of four percent, and on and after December 1, 2009, the tax shall be at the rate of three percent, of the consideration given or contracted to be given for the service, including the consideration for any tangible personal property transferred in conjunction with the performance of the service and also including any charges for shipping and delivery of the property so transferred and of the tangible personal property upon which the service was performed as such charges are described in paragraph three of subdivision (b) of section one. (g) For purposes of clause (F) of subdivision (a) of this section, for the period commencing December 1, 1992, and ending November 30, 2009, the tax shall be at the rate of four percent, and on and after December 1, 2009, 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: 245 August 21, 2007 (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, 2009, 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, 2007. SEQR ACTION: TYPE II -20 Approval of Minutes of July 3, 2007 It was MOVED by Mr. Booth, seconded by Ms. Robertson, and unanimously adopted by voice vote, to approve the minutes of August 7, 2007 as corrected. MINUTES APPROVED. Adjournment On motion the meeting adjourned at 8:49 p.m. 246 September 4, 2007 Regular Meeting Call 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 (Legislators Booth, Hattery, and McBean-Clairborne arrived at 5:36 p.m.). Excused: 1 (Legislator Randall). Privilege of the Floor by the Public Bernard Hutchins, Hanshaw Road, submitted the following statement: "For over two years, the Tompkins County Highway Department has had its eyes on the front portion of our property at 1016 Hanshaw Rd., for use in rehabilitation procedures for Hanshaw Road. I have been before your legislature on two previous occasions concerning this matter (April 18, 2006 and July 5, 2006) and have sent a letter concerning ROW (Dec. 8, 2006). "On Oct. 19, 2005, I sent a certified letter to Mr. Jonathan Wood informing the county that they were not to enter my property beyond 17 feet from the current centerline until they obtained a wider ROW, or established that they already owned one. Reasonable enough? This letter remains unanswered by Mr. Wood, and by other county officials (except as noted below), and the policy seems to be to continue to ignore me. Most recently, the latest plans, which you are considering tonight, clearly show use of my property beyond 17 feet, but my property is not even listed among the temporary and permanent easements you hope to acquire. "Although I have argued (see below), convincingly, as any reasonable person will agree, that such a ROW may not or does not currently exist, the county continues to ignore me. This disdain violates both my Fifth Amendment Rights (due process for seizure of private property) and my First Amendment Rights (the right to seek redress of grievances). "This body was formerly called the "Board of Representatives." Recently it has chosen to call itself the "Legislature." So - now you legislate to the citizens instead of representing them! What an unfortunate development. Will some member of this legislature step up to the plate and represent this citizen? "Below is a full discussion (with references) of the ROW situation: COUNTY CONTENTIONS OF A 25 FOOT ROW (1) CONTENTION OF COUNTY HIGHWAY AND FISHER ASSOCIATES We will produce a deeded easement (Sept 21, 2005 Dewitt cafeteria meeting). (1) RESULT No evidence of such found. (2) CONTENTION OF RICH BRAUER OF FISHER ASSOCIATES Your deed map shows r/w lines at 25 feet. (Rich Brauer Oct. 17, 2005 neighborhood walkthrough.) (2) RESULT 247 September 4, 2007 The deed text describes pins ("passing a pipe") at roughly 25 feet from the centerline. It is our understanding that "A RoW shown on a survey map is not an indication [of ROW], as surveyors will often shows 3 rods (25 feet each side) as a matter of course, and not based on a legal determination" (William Lesser, Ithaca Town Board, email of Oct. 21, 2005). (Indeed, they could not put the pins at the property boundary which is here deeded to the center of the road.) My map does show R/W lines, but these are shown habitually and gratuitously - east and west, and indeed on the opposite side of the road where the surveyor had no cause to investigate. (3) CONTENTION OF LAMPMAN AND BRAUER The deeds up and down the road show a 25 foot ROW. (various times) (3) RESULT This is quite silly and poorly defined. At one time they said 90% showed this ROW and later (John Lampman at the Jan 26, 2006 Town Board meeting) revised this downward to 50%. [Further, at this same meeting, John Lampman admitted that the county was not "occupying" the 25 ROW in all places.] However, we have seen no basis for this "preponderance of the evidence" approach including neighboring deeds. Clearly, the situation with regard to what neighbors do does not effect my rights. If my neighbors are all convicted felons (I'm quite sure that is not true!) and have lost their right to vote, I do not lose my right to vote - do I? If a neighbor has not defended his property, that has nothing to do with mine. (4) CONTENTION OF COUNTY The Town of Ithaca actually holds a deeded easement. (various times) (4) RESULT The Town says they do not. Further, they suspect "right-of-way by usage." See Minutes of Town Board, Oct. 17, 2005, pages 11 and 12, (Town Attorney John Barney with comments by Supervisor Valentino and Fred Noteboom). (5) CONTENTION OF COUNTY The NYS DOT has conclusive evidence of a 25 foot ROW (email from John Lampman, Dec. 1, 2005) (5) RESULT The NYS DOT has made no such determination. (Mr. Joe Flint, Dec. 1, 2005 by phone call to the DOT office in Syracuse.) (6) CONTENTION OF JOHN LAMPMAN AND RICH BRAUER (Fisher Assoc.) Your deed at 1016 shows a 25 foot ROW. Dec. 1, 2005 at Cayuga Heights fire station meeting. (6) RESULT ERROR! The 25 foot ROW was not a roadway easement, but rather a private side easement. County admits to a careless reading by some unspecified researcher. (Dec. 2, 2005 email from J. Lampman). CONTENTION OF COUNTY The plans for Hanshaw Road from 1906 show a 25 foot ROW. RESULT I obtained these plans. They show a 8 foot (both lanes) driving surface (Macadam), with 8 foot shoulders. That's 12 feet, not 25 feet. (8) CONTENTION OF COUNTY Highway Law (pre -1830) would have permitted the opening up of the ROW to 25 feet. (John Lampman, email, April 7, 2006) (8) RESULT This may have been a mistake. Perhaps it meant pre -1930 and referred to Highway Law Section 189? In any event, this contention evaporated. 248 September 4, 2007 (9) CONTENTION OF THE COUNTY There is a county -maintained swale in front of my property beyond the shoulder. (John Lampman, email, April 19, 2006) (9) RESULT There is not. The low spot there was not county constructed nor maintained. In his first email, John already states that the swale is not generally present at "many" of the properties west of Blackstone. More to the point, a swale is supposed to have one end open is it not! HERE ARE MY CONTENTIONS AS TO WHY THE ROW IS ONLY 17 FEET (1) The county has tried and failed to justify a ROW of as much as 25 feet in the nine instances described above. In some cases, these contentions were quite lame and silly. In addition we have: (2) The physical situation shows a driving land, a shoulder, and allowing two feet for snow storage (never exceeded in the winter of 2006-2007), the use ROW is only 17 feet. Beyond this is a well established row of cedar trees, and the 25 foot line is well behind these (in fact, we see this on the current plan maps). "Courts tend to presume that if a tree is more than 10 years old, it is outside of the established ROW" (Darrel Harp, former Chief Counsel for the NYS DOT, as quoted by Joel Gagnon, Danby Town Board, in "Of Trees and Roads," Aug 23, 2002). There is no evidence or plausible argument supporting public use beyond 17 feet. (3) My deed (dated 1995) indicates a highway ROW only as: "The rights of the public in and to that portion of the above-mentioned premises lying within the bounds of Hanshaw Road." This is clearly only a use easement. (4) In a Dec. 1, 2005 email from John Lampman, he indicates that if by use, the ROW may be as small as 17 feet in places along the road. If he was talking about locations other than mine, he did not say so then or since. He was obviously talking to me, about my property. In addition, at the Jan 26, 2006 Town Board meeting, John said that the county was not occupying a full 25 foot ROW at all locations along the road. (5) Section 189 of NYS Highway Law seems to be the controlling legislation. Mr. Wood quote it in a general memo about ROW to the T.C. Legislature dated Oct. 30, 2006. Mr. Wood knew about (at least I told him about) Opinions of the Attorney General dated 1995 (Opinion 95-39) and 1999 (Opinion 99-19), but he avoided mentioning them in his memo. These same Opinions are also cited in the NYS DOT Mapping Manual (dated 2002). These unequivocally refer specifically to Section 189 and without question, modify it (weaken it), citing court cases that say the ROW is limited by actual use. I replied to his memo by letter to this legislature, and to each member, and to county officials, dated Dec. 8, 2006. I received a thank -you for the memo from Mr. Booth (thanks back to him) and there is a brief acknowledgment included in the F&I Committee minutes of Dec. 12, 2006. This really must be addressed. I doubt that the County Attorney outranks the Attorney General of New York State. "I urge the Tompkins County Legislature to not pass the resolution concerning approval of the Hanshaw Road rebuild plan, for the following reasons: (1) It ignores the ROW concerns of the citizens, and minimizes the potential opposition that this disregard is likely to occasion. (2) The report has disguised the opposition to the sidewalk plans. (See my April 4, 2007 comments at the T.C. Legislature meeting). Please also see my letter to the F&I committee of the current date. (3) The report ignores and disguises the very valid safety issues brought up by the citizens. Again please also see my April 4, 2007 comments and letter to F&I of the current date." 249 September 4, 2007 Privilege of the Floor by Legislators Ms. Herrera, District No. 5 Legislator, and Chair of the Facilities and Infrastructure Committee, said two resolutions are coming before the Legislature regarding Hanshaw Road, and the meeting prior to the Legislature meeting addressed the design portion. She is confident that the County has obtained input from the community on the Hanshaw Road project and is pleased by the effect that input has had on project design. She said that the County has gone "beyond the extra mile" to determine that both community and safety needs are met. She believes that citizens should come forward to discuss concerns. Legislators Booth, Hattery, and McBean-Clairborne arrived at this time (5:36 p.m.). Ms. Mackesey, District No. 1 Legislator, called attention to the most recent quilt on loan from The History Center. She said the quilt was constructed by Patty Elwin Davis in 1999 and depicts many historical events that have taken place in Tompkins County. She expressed appreciation to The History Center for providing quilts through their loan program. Mr. Stevenson, District No. 8 Legislator, announced September 14 and 15 will be the Newfield Old Home Days event. He said the event highlights the wonderful services available within the Town of Newfield and the County. Ms. Robertson, District No. 13 Legislator, announced the Ellis Hollow Country Fair would take place on Saturday, September 7th, from 12:00 to 4:00 p.m. on Genung Road. Also, the Freeville Harvest Festival is being held on September 15th Ms. Mackesey spoke of the upcoming Garbage Truck Task Force meeting to take place at 3:00 p.m. on September 27th in the Scott Heyman Conference Room. She said the meeting, normally held in Skaneateles, is for municipal officials to discuss concerns relating to the use of local roads by garbage haulers. Ms. Kiefer, District No. 10 Legislator, thanked Mr. Hutchins for coming to the Facilities and Infrastructure Committee and the Legislature to express his concerns regarding the Hanshaw Road project. She said while she had read much of the design report she had not thoroughly reviewed the Appendix "L" portion and was grateful he had. Ms. Kiefer said although she cannot assist him with regard to the Right -of -Way situation, she believes that Fisher Associates has tried to do the design in a manner to save as much of the character, landscaping, and other items residents have requested. She hopes that Mr. Hutchins will be pleased with the resolution at the end of the project. Report from Municipal Official(s) Ms. Coles, City of Ithaca, reported that a large boulder that will hold a poem would be erected as a memorial to the Red Bud Woods. She then announced that a developer for the southwest neighborhood has been chosen, McCormick Baron and Salazar, leaders in the country in building communities as well as utilizing LEED construction. Ms. Coles noted the firm likes to design their project to provide integrated communities. She indicated that Common Council did not approve a proposal for Inlet Island as it was felt it provided excessive benefit to the developer. Ms. Coles reported on a potential proposal for the Gun Hill site that would provide 39 housing units that would be no higher than three stories. She said developers have met with individuals in the neighborhood who are in favor of the project. With regard to the City of Ithaca's potable water, Ms. Coles reported the board is divided. The Board of Public Works is doing the environmental impact study and Common Council will make the final decision. Ms. Robertson asked for an update on the proposed moratorium in Collegetown. Ms. Coles said there was a group of individuals appointed by the Mayor to discuss the development of Collegetown. This group has done considerable work and the City is in the process of hiring a firm to develop a design. 250 September 4, 2007 Currently numerous proposals for development are being recommended. A recommendation has been made that in order to halt the continuous proposals being submitted, a design moratorium should take place so that the $70,000 to be expended on the design will not be in vain. This will appear on the next Common Council agenda. Mr. Booth said the news regarding Gun Hill is very positive. He then asked whether the City of Ithaca would be a partner or a purchaser of water from Bolton Point in the present proposal, stating he believes if the City does not own its own water supply it could be in jeopardy. Ms. Coles explained that the City would be building an expansion of Bolton Point that would not be owned by the City. The only ownership would be an endless water main. She expressed the belief that this would be the same expense as though the City owned its own water plant. Mrs. McBean-Clairborne inquired who would be responsible for the contamination cleanup at the Gun Hill site. Ms. Coles said that the present owner, Dr. Deal, is developing a partnership with Travis and Travis. An application will be made for a State program that would provide a potential $2.5 million for cleanup. Ms. Coles has been in contact with an attorney associated with the State Cleanup Fund who has provided her with details about the program. Presentation of Resolution(s) from the Facilities and Infrastructure Committee RESOLUTION NO. 166 - DETERMINATION OF A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE IN RELATION TO RECONSTRUCTION OF HANSHAW ROAD, CR 109, IN THE TOWNS OF ITHACA AND DRYDEN AND VILLAGE OF CAYUGA HEIGHTS, PIN 3753.25 MOVED by Ms. Herrera, seconded by Mr. Booth, and unanimously adopted by voice vote by members present. RESOLUTION ADOPTED. WHEREAS, the Village of Cayuga Heights and the Town of Ithaca have been consulted during design development and have concurred with preliminary planning for reconstruction of Hanshaw Road, County Road 109, in the Village of Cayuga Heights and Towns of Ithaca and Dryden ("the Action"), and WHEREAS, the Tompkins County Legislature has reviewed and accepted as adequate a Full Environmental Assessment Form, which finds no significant impacts associated with the Action, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the Tompkins County Legislature, hereby determines that the Action is an Unlisted Action and will not have a significant negative impact on the environment, requiring no further environmental review, RESOLVED, further, That the Tompkins County Legislature hereby issues a "Negative Declaration of Environmental Significance" in accordance with SEQRA for the Action. SEQR ACTION: Unlisted (EAF on file with Clerk of the Legislature) RESOLUTION NO. 167 - AUTHORIZATION TO ISSUE DESIGN AND RIGHT-OF-WAY PLAN APPROVALS FOR THE RECONSTRUCTION/ REHABILITATION OF HANSHAW ROAD, CR 109, IN THE TOWNS OF ITHACA AND DRYDEN AND VILLAGE OF CAYUGA HEIGHTS, PIN 3753.25 MOVED by Ms. Herrera, seconded by Mr. Booth. Ms. Kiefer indicated she was not prepared to support the resolution at the Committee level and will not support it now. She spoke of the change from the preliminary design with specific traffic -calming recommendations such as colored shoulders to the final design that does not include this feature. Ms. Kiefer indicated Fisher Associates, the consultants, 251 September 4, 2007 included as much traffic -calming design as possible within the budget. She said she was surprised at the estimated cost of the colored aggregate for the shoulders. She hopes that staff can be innovative and will find a way to include color in the shoulder area. Ms. Kiefer said she disagreed with the traffic analysis for the Hanshaw/Warren Road intersection which led to the added expense of a light as she does not believe it is needed at this time. Although she has given a lot of thought to this and strongly supports the county fixing this road segment, but she believes she cannot support the resolution without the inclusion of colored shoulders. Ms. Herrera said during Committee discussions it was made clear that the project was a huge community benefit and has undergone much discussion and change due to community input. As a result of public concerns amendments to the project were made. She feels the community input, particularly with regard to a project such as this are important. Ms. Herrera said she was not in agreement with Ms. Kiefer that the light was not warranted, as the combination of the County analysis and as the Cornell University GEIS study indicated the traffic light is appropriate. While she would like to design a road to please all she believes the staff has done their utmost to provide a balance. Ms. Robertson inquired what the cost of colored shoulders would be. Mr. Lampman provided the figure of $800,000+ for colored aggregate, and perhaps one-half that cost if modified. He indicated other alternatives are being considered as well. He believed that the estimates for Ellis Hollow Road would be similar. Ms. Robertson expressed surprise, noting that the same consultants were working on the Ellis Hollow Road design and had indicated the colored shoulder treatment was not prohibitively expensive. Mr. Marx stated that he believes that as the projects are progressing it has become apparent that the cost is much more than anticipated. Mr. Booth asked why colored shoulder treatment is so expensive. Mr. Lampman explained that to provide aggregate -colored shoulders there is more labor involved; it requires the separate application of a narrow strip adjacent to the roadway rather than providing the shoulder material in the initial application with the roadway itself. A voice vote on the resolution resulted as follows: Ayes — 13, Noes — 1 (Legislator Kiefer), Excused — 1 (Legislator Randall). RESOLUTION ADOPTED. WHEREAS, Resolution No. 9 of 2005 authorized an agreement between Tompkins County and the State of New York Department of Transportation to fund design of the reconstruction of County Road 109, Hanshaw Road, (the "Action") in the Towns of Ithaca and Dryden, and Village of Cayuga Heights, and WHEREAS, preliminary project design has been developed in conformance with the applicable environmental laws, design standards, and accepted engineering practice; all exceptions to accepted design standards have been thoroughly analyzed and their retention adequately justified; all permits have been identified and will be secured prior to letting; public participation has been encouraged and included in the project development processes; and project costs are reasonable, and WHEREAS, in accordance with applicable federal regulations and guidelines a Right -of -Way Plan has been prepared which indicates that acquisition of approximately twenty-six (26) permanent and sixty (60) temporary easements is necessary, but that the individual and cumulative impacts of right-of- way acquisition are considered total de minimus in nature, and WHEREAS, the Tompkins County Legislature has classified the Action as an "Unlisted Action" under the SEQRA (State Environmental Quality Review Act) as defined by the underlying regulations of Article 8 of the Environmental Conservation Law of the State of New York, and WHEREAS the Tompkins County Legislature has issued a "Negative Declaration of Environmental Significance" in accordance with SEQRA, and WHEREAS, completion of all procedural requirements needed prior to project design approval and Right of Way Plan approval have been certified by the design consultant and approved by the County Highway Manager, now therefore be it 252 September 4, 2007 RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the Chair of the Tompkins County Legislature or designee be and hereby is authorized to execute documents granting Design Approval whereby completion of project final design shall be authorized, RESOLVED, further, That the Chair of the Tompkins County Legislature or designee be and hereby is authorized to execute documents granting approval of the Right -of -Way Plan for the referenced project. SEQR ACTION: Unlisted (EAF on file with Clerk of the Legislature) Presentation of Resolution(s) from the Planning, Development, and Environmental Quality Committee RESOLUTION NO. 168 - APPROVAL OF AMENDMENT TO CONTRACT AND APPROPRIATION FROM ROOM TAX RESERVE - TOMPKINS COUNTY CHAMBER OF COMMERCE - TOURISM PROMOTION 2007-2008 SPECIAL PROJECTS MOVED by Ms. Robertson, seconded by Mr. Dennis. Mrs. McBean-Clairborne inquired if the Ice Cream Sundae event had already taken place. Mr. Bonn of the Convention and Visitor's Bureau indicated that the event had occurred and the resolution would provide reimbursement for the event. A short roll call vote on the resolution resulted as follows: Ayes — 14, Noes — 0, Excused — 1 (Legislator Randall). RESOLUTION ADOPTED. WHEREAS, the County Legislature has designated the Ithaca/Tompkins County Convention and Visitor's Bureau (I/TCCVB) as its New York State Tourism Promotion Agency for the State Fiscal Year 2007-2008, and WHEREAS, the I/TCCVB, a program of the Chamber of Commerce, has identified four special promotion projects designed to generate overnight visits and enhance visitors' experiences, and WHEREAS, there are adequate dollars within the Room Tax Reserve Fund balance to fund the following I/TCCVB Special Projects: 2007-2008 Special Projects Downtown Visitors Center Signage and Kiosk $ 1,200 Ice Cream Sundae Public Relations for 2007 $ 2,500 Consultant — Assist with re -design of 2008 Travel Guide $10,000 Winter recess — Budget replenish $15,000 $28,700 RESOLVED, on recommendation of the Planning, Development, Environmental Quality and the Budget and Capital Committees, That the County Administrator or his designee is authorized to execute an amendment to the Chamber of Commerce tourism promotion contract for $28,700 to fund the four tourism -generating projects, RESOLVED, further, That the Director of Finance be authorized and directed to make the following appropriation from the Room Tax Reserve: From: 0980.0000 Room Tax Reserve Fund Balance $28,700 To: 6475.4632 Room Tax- CVB $28,700 SEQR ACTION: TYPE II -20 Chair's Report Mr. Joseph called attention to written material provided to Legislators regarding the Standing Committee Goals for 2007. He stated that some work of the Committees is on-going items that are not related to specific goals. Mr. Joseph explained that the goals are different each year and that with only 24 253 September 4, 2007 — 48 hours of annual meeting time for committees, they should be realistic and few in number. The goals should be viewed in the same manner as Special Committee goals; short-term and eliminated upon accomplishment. He asked that Legislators review the information provided. Mr. Joseph also reported that there would be a Legislative Retreat on September 11th at the 6th Floor Conference Room of the Mental Health Building to discuss the County Administrator position. The retreat will be a lead -up to a similar discussion to take place with Department Heads on October 11th Mr. Koplinka-Loehr noted that Mr. Whicher's summary of his working job description differed from the formal job description inasmuch as Mr. Whicher's document indicated he acts as a Chief Operating Officer and Personnel Department's description indicated it as Chief Executive Officer. He said these things would be discussed at the retreat. Report from the County Administrator Mr. Whicher announced the 2008 Proposed Budget recommendation is on schedule. Legislators will be receiving their material on September 14th. He noted that Department Heads and Agencies did well in preparing budgets that he will be able to recommend. Report from the County Attorney Mr. Wood reported that as a follow-up to a previous meeting question, the Health Department fee court case would be heard on October 17, 2007. He then wished to address statements made by Mr. Hutchins, noting that the implication of no correspondence from the Highway Division is incorrect. Mr. Wood reported he has written to Mr. Hutchins at least once and has also received copies of approximately 30 — 50 e-mail messages between the Highway Division and Mr. Hutchins. He feels it is permissible to disagree with the right-of-way issue; he did not feel it appropriate to imply his concerns were not responded to. Report from the Finance Director Mr. Squires did not have a report Additions to/Withdrawal from the Agenda There were no additions to or withdrawal of resolution(s) from the agenda. Approval of Consent Agenda There were no items on the Consent Agenda. Report from the Workforce Diversity and Inclusion Committee There was no report from the Workforce Diversity and Inclusion Committee. Report from the Health and Human Services Committee Mr. Shinagawa, Chair, reported the Committee would meet on September 5, 2007. Report from the Health Department Building Committee Mr. Proto, Chair, reported that County Attorney Jonathan Wood and the Facilities Director are working on an agreement for the 55 Brown Road property with Cornell Real Estate. The consultant for 254 September 4, 2007 the project will be undertaking a structural assessment within the next week and it is anticipated that the report will be made available to the Health Department Building Committee. Mr. Proto said the Committee will meet on September 13, 2007, unless the assessment is not complete, in which case the Committee may meet September 20. He then announced that tours of the facility would be available on September 5, at 4:00 p.m. and again on September 12 at 10:00 a.m. Report from the Facilities and Infrastructure Committee Ms. Herrera, Chair, reported the Committee met prior to the Legislature meeting to consider the resolution regarding Hanshaw Road. The next meeting of the Committee will be on September 11, 2007, at which time the Committee will take up various Administrative Polices and resolutions for airport construction projects as well as the Highway Division Coddington Road project. Report from the Personnel Committee Mr. Dennis, Chair, reported the Committee met prior to the Legislature meeting regarding the award of the County Deferred Compensation Plan to ICMA Retirement Corporation. He said Mr. Stevenson and himself as well as other staff were involved in the interviews and that the company was also recommended by Mr. Squires, Mr. Whicher, Ms. Fitzpatrick, and Ms. Kominos. The next meeting of the Committee is September 12th from 3:00 p.m. to 5:00 p.m. at the Beverly Livesay Conference room, at which time the discussion of Retiree Health Insurance will continue. Report from the Government Operations Committee Mr. Stevenson, Chair, reported the Committee has not met. The next meeting will occur on September 14th at 2:00 p.m. Mr. Proto inquired whether any additional information had been provided regarding Ansbro's interest in natural gas exploration on County property. Ms. Herrera said the Facilities and Infrastructure Committee had requested that staff review the proposals and determine whether there was value to continue further. Mr. Wood reported Ansbro had provided an offer, however he had returned it to the company with a request for additional information. Upon receipt and review, Mr. Wood said he would bring it forward to the Committee if it were deemed worthwhile. A lengthy discussion took place relating to the subject of gas exploration, during which Ms. Kiefer stated her understanding that Tompkins County was to issue a Request for Proposals (RFP) for an agreement. Ms. Herrera noted that the request for staff review would provide information regarding potential offers, and therefore determine the best manner to proceed. Ms. Mackesey stated her belief that having an offer would not provide information on the potential offers of other companies. Mr. Marx said that although the discussion of possibly having a Request for Proposals, a review of what has taken place in Elmira and other municipalities indicates staff is proceeding in the right direction. Mr. Proto said that municipalities would not have the same level of protection with regard to liabilities as a LLC would have. He indicated that Attorney Denton from Elmira, New York would still be available to answer questions relating to the subject. Discussion continued, with Mr. Wood explaining that normally companies wishing to undertake drilling for minerals purchase the rights as units, normally between 320 to 640. He does not see the value of an RFP inasmuch as companies are looking for units, not individual property rights. He said that there are times different companies look at the same property, however not at the same time. Mr. Proto spoke of his experience with several companies approaching at the same time, with one company taking the lead in the drilling efforts. Mr. Proto inquired whether rights -of -ways along road services were included in the 255 September 4, 2007 proposals. Mr. Wood explained it is a different issue; rights-of-way do not include mineral rights. He clarified that he doubted there would be proposals submitted if an RFP were requested. Mr. Stevenson stated that to put the discussion into perspective, there are no guarantees of revenue from drilling projects, and therefore this does not warrant lengthy discussions. He believes that Mr. Wood is handling the situation appropriately. Report from the Planning, Development, and Environmental Quality Committee Ms. Robertson, Chair, reported the Committee will meet on September 10th at 3:30 p.m. and will have a discussion regarding Cooperative Extension's Rural Landowners Survey as well as the Public Art Policy and the Cornell University Deer Management Plan. Report from the Budget and Capital Committee Mr. Koplinka-Loehr, Chair, reported the Committee met August 27th and reviewed a draft schedule for the expanded budget meetings that should be generated shortly. The Committee received a brief report regarding the Core Performance Subcommittee's work and in particular the focus on the overall charge; the work included stakeholders. The Committee received an update regarding the proposed budget that will be reflected in the material Legislators will receive on September 14th. Mr. Koplinka-Loehr reported the Public Information Advisory Board was unable to schedule the Public Information meeting on September 27th as originally planned; this will now be held on Monday, October 1st from 7:00 p.m. to 9:00 p.m. at Boynton Junior High School. Mr. Koplinka-Loehr reported that the bonding resolution regarding the Health Department Building Committee could be brought to the Legislature at its meeting on September 18th. It was noted the resolution would be considered prior to any purchase offer commitment and that it would require ten votes. Report and Presentation of Resolution(s) from the Public Safety Committee Mr. Booth, Vice Chair, reported the Committee met on August 24th and discussed the Sheriff's normal board -out costs as well as elaborated on the Sheriffs proposed 2008 budget. RESOLUTION NO. 169 - INCREASE IN HOURS — SUPPORT STAFF - DEPARTMENT OF PROBATION AND COMMUNITY JUSTICE MOVED by Mr. Booth, seconded by Mr. Hattery. Mr. Proto expressed concern regarding a decision made by the State as outlined in the first "Whereas" of the resolution. Mr. Booth indicated it is a State decision and it was noted there is not any resolution to their decision imminent. With regard to the positions increase in hours it was understood that it is only until the end of the year. A voice vote on the resolution resulted as follows: Ayes — 14, Noes — 0, Excused — 1 (Legislator Randall). RESOLUTION ADOPTED. WHEREAS, the redesign of the State's probation registry software has eliminated the ability of the Department of Probation and Community Justice to automate data entry tasks in that area, and given that the software in question is proprietary and highly changeable so as to not make it feasible for County Information Technology Services to develop a local solution at this time, and WHEREAS, the increased workload to the department has created the need to increase the standard work week of four support staff positions from 35 hours to 40 hours per week, and 256 September 4, 2007 WHEREAS, funding for this increase in hours in the amount of $12,853 has been approved as part of the department's request to use the 2006 Certified Rollover funds, and no further funding is required in 2007, now therefore be it RESOLVED, on recommendation of the Public Safety and Budget and Capital Committees, That the standard workweek for one position each of Administrative Assistant (12/535), Sr. Account Clerk Typist (9/529), Account Clerk Typist (6/513) and Keyboard Specialist (5/507) shall be increased from 35 to 40 hours per week effective August 1, 2007. SEQR ACTION: TYPE II -20 Approval of Minutes It was MOVED by Mr. Booth, seconded by Ms. Robertson, and unanimously approved by voice vote by members present, to approve the minutes of August 21, 2007, as submitted. Adjournment On motion the meeting adjourned at 6:49 p.m. 257 September 18, 2007 Regular Meeting Call to Order Mrs. McBean-Clairborne, Vice Chair, called the meeting to order at 5:35 p.m. Pledge of Allegiance to the Flag and Roll Call of Members Members and guests participated in the Pledge of Allegiance to the Flag. Present: 15 Legislators. (Ms. Kiefer arrived at 5:39 p.m.; Mr. Hattery arrived at 5:39 p.m.; Mr. Joseph arrived at 7:00 p.m.). Presentation of Proclamation(s) Mrs. McBean-Clairborne presented the following proclamation(s): Sheriff's Week in Tompkins County — September 16-22, 2007, to Sheriff Peter Meskill; and Latino Heritage Month — September 15 -October 15, 2007, to Legislator Kathy Luz Herrera. Mr. Hattery and Ms. Kiefer arrived at this time. Privilege of the Floor by the Public Michael Lane, Dryden resident and former Legislator, spoke about sales tax as it relates to the County's budget. Three years ago the State changed the law and exempted from State sales tax clothing and footwear up to approximately $125. The County at that time also had the option to exempt that tax; however, the County by split vote decided to keep the sales tax on clothing and footwear. At the time this issue was being debated some concerns were raised that the State may raise the amount to $500 per item; however, three years later that has not occurred. The City of Ithaca also requested the County not take action immediately as it would have to adopt similar legislation to eliminate sales tax on clothing and footwear. Mr. Lane reported sales tax revenues are doing well and believes the County Legislature should reexamine the issue of sales tax on clothing and footwear. Mr. DePaolo, Town of Ithaca, spoke about developments concerning the Coddington Road proposal and said there has been widespread community opposition to the current design increasing the existing ten -foot lanes to eleven -foot lanes as well as the four -foot shoulders. Concerns are being expressed that widening the lanes will increase speeding on the road and speeding is already an issue in the area. Citizens have researched regulations and communicated with members of New York State Department of Transportation (NYSDOT). Mr. DePaolo said he was informed by the Director of Office of Design that a design exception request can be filed for a ten -foot lane and four -foot shoulders configuration. He spoke briefly about the accident reports over the last years and based on this information there does not appear to be any safety issue due to existing lane width. He asked that a proposal be submitted to the State asking for ten -foot lanes with four -foot shoulders in order to maintain the rural character of the area. He also noted that the Environmental Assessment Form was significantly verified a week ago, and the public has not had time to review or comment on it. Distinguished Youth Award Mr. Stevenson, District No. 8 Legislator, presented the September, 2007 Distinguished Youth Award to Brianna Hulbert of Newfield, New York. Ms. Hulbert was nominated by several teachers from TST BOCES for her involvement with the Alzheimer's Foundation. In 2006, she helped raise $1,200 at 258 September 18, 2007 their memory walk in Binghamton. She also organizes other events and fundraisers and maintains good grades in school. Privilege of the Floor by Legislators Mr. Booth, District No. 3 Legislator, read and submitted the following statement: "I have decided to state publicly opinions I have stated privately to a number of people, including County legislators. The County Administrator has informed the Legislature that he will be retiring early next year. In recent weeks there have been discussions among members of the Legislature and others centering on the possibility that one or more current County legislators may apply for the position of County Administrator. I wish to be clear about my stance regarding this possibility, and I do so now because the search process has not yet formally begun. "Due primarily to the nature of the relationship between the Legislature and the County Administrator and the nature of the Administrator's position, I strongly oppose any current member of the County Legislature becoming the next County Administrator. No one should see or use service on the County Legislature as a stepping stone for moving directly into this high -paying, appointed position, and the County Legislature should not permit anyone to do so. My opposition to a sitting member of the Legislature becoming the next County Administrator has absolutely nothing to do with the relative qualifications of any legislator to occupy that position. "I readily admit there is a counter argument to the position I state here. Due to experience and exposure to a wide range of County issues a current legislator might at first blush appear to be a reasonable candidate for the position of County Administrator. I respect those who will make that argument. However, I have considered that argument and rejected it. "A decision by this Legislature to pick one of its own members as County Administrator would send a terribly negative message to the public at large and to County employees about the character, substance, process, and fairness of our decision-making. My reasons for this opposition involve a number of interrelated factors, including but not limited to the following: * the County Administrator works directly for the County Legislature and can be fired by the Legislature; * the Administrator commands a very high salary in the County structure; * the process for choosing the Administrator is largely invisible to the public, heavily dominated by input of County legislators, and finally brought to a conclusion by a vote of this body; * the County Administrator occupies a very special position with regard to County department heads, who must interact substantially with both the Administrator and the Legislature; and * a decision by the Legislature to "hire" one of its members as County Administrator would bear too heavy a flavor of inside dealing. "Should the Legislature decide to choose one of its own as County Administrator, I think much of the public and many County employees might reasonably conclude something along the following lines: "While legislators vote on lots of things that cost taxpayers' money, this decision clearly demonstrates that in doing so they are always looking out for their own best interests. When they see opportunities to benefit themselves financially, they seize those opportunities, forgetting that they are in office to serve the public interest and not their own. In this case they have operated behind closed doors to choose one of their own for a very high paying position. They have done so because they have made a variety of deals among themselves that we do not know about, because they directly control what the County Administrator does and wish to promote private agendas about what the Administrator should and should not do, and because a number of County legislators see how elevating one of their own will benefit them directly. This type of secretive, self-serving action should not be permitted to stand." 259 September 18, 2007 "These potential reactions reflect what I anticipate would be widespread thinking among County employees and many outside County government. Significantly, I think many of these reactions would likely go unstated in public arenas, particularly by County employees concerned about their jobs. In addition, I do not think these potential reactions begin to exhaust the many negative claims that will be made if the Legislature were to choose one of its own as County Administrator. In stating these potential reactions, I am not attributing any specific thoughts, motives, or viewpoints to any current member of the Legislature. "In the final analysis it will not matter whether any of these potential, negative reactions on behalf of the public or County employees accurately reflect actual facts. If the Legislature decides that one of its sitting members will be the next County Administrator, there will be a broad, nagging perception that the Legislature has acted improperly. That perception will be important, regardless of what the actual facts are. That perception by itself will seriously damage the County government in general and the incoming County Administrator in particular. "In my opinion it would be a serious mistake of judgment for any current member of the Legislature to now apply for the position of County Administrator. At the absolute minimum, any member who is thinking seriously about applying for this position should have resigned from the Legislature months ago when it became clear that Steve Whicher would be retiring from his post in the not too distant future and then apply for this position as a member of the general public. Similarly, it would be a huge mistake for the Legislature to vote for a current member as the next County Administrator. This decision would and should be seen as inappropriate and, indeed, as unseemly. Those of us on the Legislature occupy a special position of trust in County government, and a decision to pick one of our own as County Administrator would be inconsistent with that trust. "Let me be very clear that I limit these conclusions to the issue I have addressed here. I do not reach the same conclusions regarding any other County employees who might wish to become County Administrator. Current Tompkins County employees, other than sitting legislators, should consider applying for this position, and I hope some will. Similarly, I do not reach the same conclusions regarding a sitting member of the Legislature who runs for elected County office: e.g., Sheriff, District Attorney, and County Clerk; in those situations the voters get to decide who will occupy a County office. I also do not reach these conclusions regarding a sitting County legislator who is nominated for office outside the County government; in those situations the County Legislature is not choosing to benefit one of its own members. Moreover, I do not think that situations occurring at other levels of government are pertinent here: e.g., the President or Governor selects a member of Congress or the State Legislature, respectively, for a top administrative post. "In summary, I will strongly oppose any application by any current member of the Legislature to become the next County Administrator and will strongly oppose any proposal for the County Legislature to select one of its members for that position. Thank you." Ms. Herrera, District No. 5 Legislator, thanked the Legislature again for the opportunity to accept the proclamation for Latino Month and noted that for the first time in County history a woman of color is serving as Chair this evening. She also commented on the remarks made by Legislator Booth and said she agrees. Ms. Herrera said the Facilities and Infrastructure Committee has heard many of the same comments made this evening under privilege of the floor by the public concerning Coddington Road and believes the Committee process was well -served. Mr. Dennis, District No. 15 Legislator, acknowledged the passing of Chris Bond who was a well- known teacher and soccer coach in Trumansburg. Ms. Mackesey, District No. 1 Legislator, reminded the Legislature that on September 27th the meeting of the Upstate Task Force on Garbage Transport Trucks is being held in Ithaca at 1:00 p.m. 260 September 18, 2007 Ms. Robertson, District No. 13 Legislator, reported on the groundbreaking ceremony for Lakeview Mental Health Services Facility for a single -room occupancy community residence that will provide 38 beds for people with mental health difficulties. She said this safe and secure permanent housing is greatly needed. She also reminded Town of Ithaca residents to vote in the primary election today for Town Supervisor. The deadline to register for voting in the November election is October 12th Withdrawal of Resolution(s) from the Agenda Vice Chair McBean-Clairborne granted the appropriate committee chair permission to withdraw the resolution from the agenda entitled Authorization to Execute Multi -Year Agreement — The History Center. The resolution entitled Award of Contract — Deferred Compensation Administrative Services was withdrawn following report from the Personnel Committee. Addition of Resolution(s) to the Agenda On motion and duly seconded and unanimously adopted by voice vote, the following resolutions were added to the agenda: Authorizing a Cooperative Agreement with the Transportation Security Administration (TSA) in Relation to its Mandated Law Enforcement Officer (LEO) Program at the Ithaca Tompkins Regional Airport; and In Recognition of the Dryden Grange's One -Hundred Years of Service to Tompkins County Presentation of Individual Member -filed Resolution RESOLUTION NO. 170 — IN RECOGNITION OF THE DRYDEN GRANGE'S ONE -HUNDRED YEARS OF SERVICE TO TOMPKINS COUNTY MOVED by Mr. Hattery, seconded by Mr. Proto. Mr. Hattery invited everyone to attend a celebration on Saturday, September 29th, at 2 p.m. at the Dryden Fire Hall. A voice vote resulted as follows: Ayes — 14, Noes — 0, Excused — 1 (Legislator Joseph). RESOLUTION ADOPTED. WHEREAS, Dryden Grange #1112 was organized May 17, 1907, and is this year celebrating one -hundred years of service to agriculture and rural life within the Town of Dryden, and WHEREAS, recently members of the former Groton Grange and Lansing Grange have joined together with Dryden Grange to make a stronger and broader organization, and WHEREAS, the Tompkins County Legislature recognizes the contribution of Dryden Grange in promoting an understanding of the importance of our agricultural industry in this County through the sponsorship of the annual June Dryden Dairy celebration, begun in 1985, and WHEREAS, Dryden Grange continues promoting the understanding of our agricultural industry in this area by supporting the Elementary School "Ag in the Classroom" programs, as well as giving annual scholarships to any Grange related Senior in the Dryden area going on for further study, and WHEREAS, the Dryden Grange through its sponsorship of the annual Dairy Day celebration promotes community pride, cooperation and unity in the Dryden area, and WHEREAS, Dryden Grange contributes to tourism in Tompkins County as travelers from adjoining counties come to spend Dryden Dairy Day in Dryden and the surrounding areas, and WHEREAS, during Grange Month, each April, Dryden Grange has honored individuals, groups, and organizations that provide exceptional service to the Dryden community, now therefore be it RESOLVED, That the Tompkins County Legislature honors the important service that Dryden Grange provides to the lives of Tompkins County residents and in acknowledgement of the future 261 September 18, 2007 progress and prosperity of the County's economy and for the advancement of greater appreciation of farmers across the region, RESOLVED, further, That the Tompkins County Legislature hereby recognizes the Dryden Grange for its 100 years of service to the community. SEQR ACTION: TYPE II -20 Report and Presentation of Resolution(s) from the Facilities and Infrastructure Committee Ms. Herrera, Chair, reported the Committee met just before this meeting and several of the Committee's actions are reflected on the agenda for this evening. The next Committee meeting is October 23. RESOLUTION NO. 171 - DETERMINATION OF A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE IN RELATION TO RECONSTRUCTION OF CODDINGTON ROAD, CR 119, IN THE TOWN OF ITHACA, PIN 3753.24 MOVED by Ms. Herrera, seconded by Ms. Kiefer. Ms. Kiefer referenced Mr. DePaolo comments under privilege of the floor and assured him the issue with the segmentation of the project has been taken care of fully and is reflected in the revised Environmental Assessment Form (EAF). A voice vote resulted as follows: Ayes — 14, Noes — 0, Excused — 1 (Legislator Joseph). RESOLUTION ADOPTED. WHEREAS, the Town of Ithaca has been consulted during design development and has concurred with preliminary planning for reconstruction of Coddington Road, County Road 119, in the Town of Ithaca ("the Action"), and WHEREAS, the Tompkins County Legislature has reviewed and accepted as adequate a Full Environmental Assessment Form, which finds no significant impacts associated with the Action, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the Tompkins County Legislature, hereby determines that the Action is a Type 1 action and will not have a significant negative impact on the environment, requiring no further environmental review, RESOLVED, further, That the Tompkins County Legislature hereby issues a "Negative Declaration of Environmental Significance" in accordance with SEQRA for the Action. SEQR ACTION: TYPE 1-6(i) (EAF on file with Clerk of the Legislature) RESOLUTION NO. 172 - AUTHORIZATION TO ISSUE DESIGN AND RIGHT-OF-WAY PLAN APPROVALS FOR THE RECONSTRUCTION OF CODDINGTON ROAD, CR 119, IN THE TOWN OF ITHACA, PIN 3753.24 MOVED by Ms. Herrera, seconded by Mr. Randall. Ms. Herrera said the Committee agreed with the wording suggested by staff that would allow the County to take into account concerns raised by the public in requesting a design exception form be filed. In response to a question raised by Mr. Proto, Mr. Koplinka-Loehr said that he and Chair Joseph are Legislators representing this area; they have met with constituents and said he supports the resolution. It was MOVED by Ms. Mackesey, seconded by Mr. Sigler, to amend the language in the sixth Whereas from "five-foot shoulders" to "four -foot shoulders". 262 September 18, 2007 Ms. Herrera said this issue was discussed in Committee and it was believed that safety would be a concern as determined by staff and that the five-foot shoulders are consistent with design standards. Ms. Mackesey said Tompkins County has some spectacular rural roads and believes in maintaining that rural character. Mr. Lampman spoke to the amendment of reducing the shoulders by one foot. Safety is one area that could be significant as there are large vehicles with big mirrors and having buffers on each side could be helpful. The shoulder will be a shared -use shoulder for both bicycles and pedestrians. Maintenance of the roadway in work zones, snow and ice control, and storm water maintenance are all areas of concern and should be taken into consideration in designing a road. Ms. Mackesey asked if there was a problem on the road with accidents relating to the width. Mr. Lampman believes the width of the lane is not a contributing factor in many accidents and therefore staff is willing to have ten -foot lanes if approved by the State. Mr. Stevenson said he opposes the resolution as he does not believe that ten -foot lanes are wide enough. Ms. Robertson asked about the cost of colored shoulders. Mr. Lampman said more information has been gathered and it appears the costs are lower. A full estimate of using color shoulders on this project has not been done but said it would be a possibility. Ms. Robertson spoke in opposition of the amendment as she feels the ten -foot lanes with five-foot shoulders will mitigate some of the speeding issues. Ms. Kiefer also said she could not support the amendment as she believes 15 -foot pavement on each side makes sense. A voice vote on the amendment resulted as follows: Ayes — 3 (Legislators Hattery, Mackesey, and Sigler); Noes — 11; Excused — 1 (Legislator Joseph). MOTION FAILED. Mr. Proto asked if landowners are compensated when a large change like this is being made. Mr. Lampman said if there was a right-of-way acquisition the County would purchase the property. If there are landscape impacts the County may replace features. A voice vote on the resolution resulted as follows: Ayes — 10; Noes — 4 (Legislators Hattery, Mackesey, Sigler, and Stevenson); Excused — 1 (Legislator Joseph). RESOLUTION ADOPTED. WHEREAS, Resolution No. 11 of 2005 authorized an agreement between Tompkins County and the State of New York Department of Transportation to fund design of the reconstruction of County Road 119, Coddington Road, (the "Action") in the Town of Ithaca, and WHEREAS, preliminary project design has been developed in conformance with the applicable environmental laws, design standards, and accepted engineering practice; all exceptions to accepted design standards have been thoroughly analyzed and their retention adequately justified; all permits have been identified and will be secured prior to letting; public participation has been encouraged and included in the project development processes; and project costs are reasonable, and WHEREAS, in accordance with applicable Federal regulations and guidelines a Right -of -Way Plan has been prepared which indicates that acquisition of approximately sixty (60) permanent and twenty (20) temporary easements is necessary, but that the individual and cumulative impacts of right-of-way acquisition are considered total de minimus in nature, and WHEREAS, the Tompkins County Legislature has classified the Action as a "Type I Action" under the SEQRA (State Environmental Quality Review Act) as defined by the underlying regulations of Article 8 of the Environmental Conservation Law of the State of New York, and WHEREAS the Tompkins County Legislature has issued a "Negative Declaration of Environmental Significance" in accordance with SEQRA, and 263 September 18, 2007 WHEREAS, the Tompkins County Legislature is requesting and supporting that a Non -Standard Feature Justification Form be submitted to the New York State Department of Transportation to change the road cross-section from eleven -foot lanes and four -foot shoulders to ten -foot lanes and five-foot shoulders for the purpose of providing traffic calming and enhancing safety, and WHEREAS, if the non-standard feature (ten -foot lanes) is approved the design report will be modified to reflect this change which will have no impact on the environmental review, and WHEREAS, completion of all procedural requirements needed prior to project design approval and Right -of -Way Plan approval have been certified by the design consultant and approved by the County Highway Manager, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the Chair of the Tompkins County Legislature or designee be and hereby is authorized to execute documents granting Design Approval whereby completion of project final design shall be authorized, RESOLVED, further, That the Chair of the Tompkins County Legislature or designee be and hereby is authorized to execute documents granting approval of the Right -of -Way Plan for the referenced project. SEQR ACTION: TYPE I -6(i) (EAF on file with Clerk of the Legislature) Presentation of Resolution(s) from the Planning, Development, and Environmental Quality Committee RESOLUTION NO. 173 — RESOLUTION OF THE TOMPKINS COUNTY LEGISLATURE, AS THE ELECTED LEGISLATIVE BODY OF TOMPKINS COUNTY, NEW YORK, IN ACCORDANCE WITH SECTION 147(F) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED (THE "CODE"), APPROVING THE ISSUANCE BY THE TOMPKINS COUNTY INDUSTRIAL DEVELOPMENT AGENCY OF UP TO $14,000,000 CIVIC FACILITY REVENUE BONDS (ITHACARE CENTER SERVICE COMPANY, INC., PROJECT), SERIES 2007 MOVED by Ms. Robertson, seconded by Mr. Dennis. Mr. Sigler asked for assurance that this organization is not borrowing more money that will create a fiscal constraint. Mr. Stamm commented that these bonds are not an obligation of local taxpayers, the County or the Industrial Development Agency (IDA). A business plan and needs assessments have been prepared that show this organization is capable of fulfilling their debt -service requirements. Executive Director Mark Macera of Longview noted the $14 million is refinancing of the original mortgage on Longview that was built in 1998. The facility is fully occupied, with a waiting list for all levels of care. The mission of the organization is to provide housing and services to all individuals in the community without regard to financial means. In response to a question raised by Ms. Herrera, Mr. Stamm said the IDA does receive a fair fee. Ms. Kiefer asked whether the addition to or changes in the mission statement would affect the corporation's taxable status or tax abatement. Mr. Whicher stated originally a tax exemption was granted by the Assessment Department based on the mission and the market client versus non -market client. Mr. Stamm clarified that the original tax abatement was that the value of the property tax abatement delivered would be equal to or less than the value of the expense caused by the services provided to the indigent. On an annual basis the IDA does an evaluation based on information provided by the applicant. To date the value provided to the indigent has exceeded the value of the property tax abatement granted by the IDA. Mr. Joseph arrived at this time. A roll call vote resulted as follows: Ayes — 15, Noes — 0. RESOLUTION ADOPTED. 264 September 18, 2007 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 Ithacare Center Service Company, Inc. (d/b/a Longview, an Ithacare Community), a New York not-for-profit corporation (the "Company") and an organization described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the "Code"), the Issuer proposes to issue, contingent upon the adoption of this Resolution, its Civic Facility Revenue Bonds (Ithacare Center Service Company, Inc. Project), Series 2007, in an aggregate principal amount not to exceed $14,000,000 (the "Bonds"), and WHEREAS, the project (the "Project") shall consist of (A) the refinancing of the Issuer's $11,350,000 original principal amount Civic Facility Revenue Bonds (FHA Insured Mortgage Ithacare Center Service Company, Inc., Project), Series 1997 (the "1997 Bonds"), the proceeds of which were used to finance (i) the acquisition, construction, and equipping on approximately 28 acres of land located at 1 Bella Vista Drive (also known as 980 Danby Road, in the Town of Ithaca, Tompkins County, New York (the "Land") of an approximately 129,700 square -foot licensed adult home and HUD -approved assisted - living facility (the "Existing Improvements"), and (ii) the acquisition and installation in and around the Existing Improvements of certain items of machinery, equipment, furniture, and other tangible personal property (the "Existing Equipment"); (B) the acquisition, construction, and equipping on the Land of an approximately 24,700 square -foot expansion to house an additional thirty-two (32) residential -care beds and related improvements (the "Improvements"); (C) the acquisition and installation in and around the Existing Improvements and Improvements of certain items of machinery, equipment, furniture, and other tangible personal property (the "Equipment" and collectively with the Land, the Existing Improvements and the Improvements, the "Facility"); (D) the funding of a debt -service reserve fund to secure the Bonds; (E) paying certain costs and expenses incidental to the issuance of the Bonds (the costs associated with items (A) through (E) above being hereinafter collectively referred to as the "Project Costs"); and (F) the lease (with an obligation to purchase) or sale of the facilities financed with the Bonds to the Company or such other person as may be designated by the Company and agreed upon by the Issuer, and WHEREAS, the Issuer proposes to assist in the financing of the Project by issuing the Bonds to (i) pay all or a substantial portion of the cost of financing the Project, and (ii) pay reserves and costs incidental to the issuance of the Bonds, and WHEREAS, 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 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, on September 7, 2007, the Issuer held such a public hearing upon proper notice in compliance with the Code, and WHEREAS, to aid the Legislature in its deliberations, the Issuer has made available to the members of the Legislature prior to this meeting (a) the Company's application to the Issuer for financial assistance; (b) the notice of public hearing published by the Issuer in The Ithaca Journal, along with the affidavit of publication of such newspaper; and (c) the minutes of such public hearing held on September 7, 2007, and WHEREAS, by Resolution No. 2007-029, adopted on March 20, 2007, the Town of Ithaca Planning Board issued a negative declaration under Article 8 of the Environmental Conservation Law and Regulations adopted pursuant thereto by the Department of Environmental Conservation of the State (collectively, "SEQR") with respect to the Project, thereby fulfilling the required SEQR review, 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 265 September 18, 2007 RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, and by the County Legislature of Tompkins County: Section 1. For the purpose of satisfying the approval requirement of Section 147(0 of the Code, the Legislature hereby gives its approval of the issuance by the Issuer of its Bonds and related acts to be taken by the Issuer as part of the Project, provided that the Bonds, and the premium (if any) and interest thereon, shall be special obligations of the Issuer and shall never be a debt of the State or any political subdivision thereof, including without limitation Tompkins County, and neither the State nor any political subdivision thereof, including without limitation Tompkins County, shall be liable thereon. This approval is given pursuant to Section 147(0 of the Code for the sole purpose of qualifying the interest payable on the Bonds for exclusion from gross income for Federal income tax purposes pursuant to the provisions of Sections 103 and 141-150 of the Code. Section 2. This Resolution shall be deemed to be made for the benefit of the holders of the Bonds. Section 3. This Resolution shall take effect immediately. SEQR ACTION: TYPE II -20 Report and Presentation of Resolution(s) from the Planning, Development and Environmental Quality Committee (continued) Ms. Robertson, Chair, reported the Committee met on September 10 and received a report on the Tompkins County rural landowners survey by Cooperative Extension. She said the purpose of the survey was to see if there is interest in developing rural lands for bio -fuel production and other alternative energy production in the County. Ms. Robertson said there is enough interest so Cooperative Extension will be moving forward with workshops and education to try to get some enterprises going in the County. The Committee also looked at the Forest Management Plan but did not take action. There are documents on file in the Legislature Office for review prior to the October 18 meeting. Ms. Robertson said the Planning, Development, and Environmental Quality Committee is interested in looking at the disposal of the Biggs B site if and when the Health Department moves out of that building. Mr. Whicher said the Chair of the Legislature will decide where that issue will be discussed at the appropriate time. RESOLUTION NO. 174 — APPROPRIATION FROM CONTINGENT FUND — TERMINAL- PAY REIMBURSEMENT — DEPARTMENT OF PLANNING MOVED by Ms. Robertson, seconded by Mr. Booth. A short roll call vote resulted as follows: Ayes — 14, Temporarily out of the Room — 1 (Legislator Proto), Noes — 0. RESOLUTION ADOPTED. WHEREAS, the Department of Planning had one Senior Planner resign in 2006 and two Senior Planners resign in 2007, and WHEREAS, terminal pay for these three employees was paid out in 2007, and WHEREAS, the Fiscal Policy of Tompkins County allows for terminal -pay reimbursement from the Contingent Fund, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality and the 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 $1,053.73 TO: A8020.51000609 Senior Planner $1,053.73 SEQR ACTION: TYPE II -20 266 September 18, 2007 Chair's Report and Appointment(s) Mrs. McBean-Clairborne, Vice Chair, acknowledged members of her family who were in attendance to show support for her. She said she is honored to have an opportunity as a person of color to chair this Legislature meeting in Chair Joseph's absence. She thanked her colleagues for electing her as Vice Chair and putting trust in her when these occasions arise. Mrs. McBean-Clairborne announced the following Chair's appointment(s): Workforce Investment Board Lisa Patz — Business representative; term expires June 30, 2010 Scott M. Pronti — Business representative; term expires June 30, 2010 Lisa Holmes — Seniors Program representative; term expires June 30, 2010 Report from the County Administrator Mr. Whicher provided an update on the Tompkins County Council of Governments Health Insurance Project. He said they are entering into phase one and will be interviewing the consultants tomorrow. He will also be speaking about the project at this week's NYSAC (New York State Association of Counties) Conference. Mr. Whicher said he will also be meeting with SWN (Statewide Wireless Network) to discuss moving a proposed agreement forward. Report from the County Attorney Mr. Flash, Deputy County Attorney, had no report. Report from the Finance Director Mr. Squires provided background information on the resolution to adopt a new administrator for the deferred compensation plan. Approval of Resolution(s) Under the Consent Agenda It was MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice vote under to approve the following resolutions under the Consent Agenda. RESOLUTION NO. 175 — AUTHORIZING ACCEPTANCE OF NEW YORK STATE AWARD TO PAY FOR ADDITIONAL CHILD PROTECTIVE SERVICES STAFF FOR SIX MONTHS AT NO LOCAL COST — DEPARTMENT OF SOCIAL SERVICES MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, New York State has awarded 100 percent funding to the Department of Social Services to pay for a temporary increase in Child Protective Services (CPS) unit staffing, and WHEREAS, the State -approved plan for these funds combines two elements: creation of a temporary (6 -month) Senior Caseworker position and, for the same 6 -month period, allowing existing CPS staff to receive paid compensation (as opposed to compensatory time) when caseload demands require them to put in more than their standard 3 5 -hour work week; now therefore be it RESOLVED, on recommendation of the Health and Human Services and the Budget and Capital Committees, That effective September 1, 2007 a new, full-time position (35 -hour) in the Senior 267 September 18, 2007 Caseworker title be created in the Department of Social Services, which position is to sunset on March 31, 2008, RESOLVED, further, That the Director of Finance is authorized to make the following pro -rated 2007 budget adjustments to reflect both the additional spending authority and the 100 percent offsetting state reimbursement identified above: REVENUE: A6010.43610 State — DSS Admin $25,292 APPROPRIATION: A6010.51000.795 Salary — Family Services Coordinator $5,158 A6010.51000.581 Salary — Senior Caseworker $13,038 A6010.58800 Fringes $7,096 SEQR ACTION: TYPE II -20 RESOLUTION NO. 176 - BUDGET ADJUSTMENT — OFFICE FOR THE AGING MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, pursuant to Administrative Manual Policy 05-02, budget adjustments exceeding $5,000 require Legislative approval, now therefore be it 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) 6777.43 803 State Revenue $10,000 6787.43 803 State Revenue Explanation: The resolution for this mistakenly had the wrong account number put on it. SEQR ACTION: TYPE II -20 RESOLUTION NO. 177 - AUTHORIZING SUPPLEMENTAL CONSULTANT AGREEMENT NO. 7 WITH C&S ENGINEERS, INC., FOR CONSTRUCTION OBSERVATION AND CONTRACT ADMINISTRATION SERVICES IN CONNECTION WITH THE REHABILITATION OF THE TERMINAL PARKING LOTS AND ENTRANCE/EXIT ROADWAYS AT THE ITHACA TOMPKINS REGIONAL AIRPORT MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, through Resolution No. 151 dated August 21, 2007, the Legislature awarded a construction contract to Ruston Paving that included the rehabilitation of the terminal parking lots and entrance/exit roads, and WHEREAS, through Supplemental Consultant Agreement No. 7, C&S Engineers, Inc., are proposing to provide full-time construction observation services for the terminal parking lots and entrance/exit roadways, and WHEREAS, through Resolution No. 61 of 2007, the County Legislature accepted a grant from the New York State Department of Transportation (NYSDOT) covering eighty percent (80%) of the cost of this project, and WHEREAS, the local share of twenty percent (20%) has been provided for in the Airport's operational budget, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That Supplemental Agreement No. 7 with C&S Engineers, Inc., for construction observation and contract administration services in connection with the parking lot project be approved and financing of the contract is as follows: 268 September 18, 2007 New York State Department of Transportation (80%) Local (Airport Operational Budget) (20%) Total RESOLVED, further, That the County Administrator be and hereby is required documents, RESOLVED, further, That the Finance Director be authorized to make until reimbursement is received from the FAA and NYSDOT. SEQR ACTION: TYPE II -1 $22,060.00 $ 5,515.00 $27,575.00 authorized to execute the payments for this project RESOLUTION NO. 178 -AUTHORIZING SUPPLEMENTAL CONSULTANT AGREEMENT NO. 8 WITH C&S ENGINEERS, INC., FOR CONSTRUCTION OBSERVATION AND CONTRACT ADMINISTRATION SERVICES IN CONNECTION WITH THE REHABILITATION OF THE TERMINAL ENTRANCE ROAD (FULL-TIME) AND FOR THE SECURITY -SYSTEM UPGRADE (PART-TIME) AT THE ITHACA TOMPKINS REGIONAL AIRPORT MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, through Resolution No. 151 dated August 21, 2007, the Legislature awarded a construction contract to Ruston Paving that included the rehabilitation of the terminal entrance road, and WHEREAS, through Resolution No. 152 dated August 21, 2007, the Legislature awarded a construction contract to Weydman Electric for an upgrade of the airport security system, and WHEREAS, through Supplemental Consultant Agreement No. 8, C&S Engineers, Inc., are proposing to provide full-time construction observation services for the terminal entrance road project and part-time construction observation services for the security -system upgrade, and WHEREAS, through Resolution No. 150 of 2007, the County Legislature accepted a grant from the Federal Aviation Administration (FAA) for ninety-five percent (95.0%) of the cost of these projects, and WHEREAS, the New York State matching grant of two and a half percent (2.5%) will be forthcoming and the local share of two and a half percent (2.5%) has been provided for in the airport's operational budget, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That Supplemental Agreement No. 8 with C&S Engineers, Inc., for construction observation and contract administration services in connection with these two projects be approved and financing of the contracts is as follows: Terminal Entrance Road - Construction Observation Services Federal Aviation Administration (FAA) (95.0%) $63,175.00 New York State Department of Transportation (2.5%) $ 1,662.50 Local (Airport Operational Budget) (2.5%) $ 1,662.50 Total $66,500.00 Security -System Upgrade -Construction Observation Services Federal Aviation Administration (FAA) New York State Department of Transportation (2.5%) Local (Airport Operational Budget) (2.5%) Total $40,610.00 $ 1,069.00 $ 1,069.00 $42,748.00 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 this project until reimbursement is received from the FAA and NYSDOT. 269 SEQR ACTION: TYPE II -1 September 18, 2007 RESOLUTION NO. 179 - ESTABLISHING COUNTY EQUALIZATION RATES MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice vote 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 2007, which reflects the third and final year of non -full -value assessment, and for the apportionment of County taxes levied in 2008, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the following equalization rates be and hereby are adopted: AGGREGATE ASSESSED VALUATION OF TAXABLE REAL PROPERTY FOR TOWN FOR PURPOSES 146,416,224 187,524,3 54 700,007,494 133,810,785 203,203,324 1,054,608,803 1,049,653,033 195,679,954 352,317,341 1,192,428,806 $5,215,650,118 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 SEQR ACTION: TYPE II -20 COUNTY EQUALIZATION RATE 85 85 85 85 85 85 85 85 85 85 AGGREGATE FULL VALUATION OF TAXABLE REAL PROPERTY COUNTY PURPOSES 172,254,3 81 220,616,887 823,53 8,228 157,424,453 239,062,734 1,240,716,239 1,234,885,921 230,211,711 414,490,989 1,402,857,419 $6,136,058,962 RESOLUTION NO. 180 -ADOPTION OF REGULAR AND SUPPLEMENTAL REPORTS OF TOTALS (FOOTINGS) OF ASSESSMENT ROLLS MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, Tompkins County desires to maintain an official record of the 2007 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 2008 based upon the July 1, 2007, County of Tompkins Final Assessment Roll. SEQR ACTION: TYPE II -20 RESOLUTION NO. 181 - AUTHORIZATION TO ACCEPT 2007-2008 SNOWMOBILE TRAILS GRANT-IN-AID 270 September 18, 2007 MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, the New York State Office of Parks, Recreation, and Historic Preservation administers a grant program to encourage local snowmobile -club stewardship and development of snowmobile trails in the state, and WHEREAS, in order to be eligible for this grant program, a local municipality must agree to sponsor the application and administer the program, which the Tompkins County Planning Department has done for local snowmobile clubs since 1998, and WHEREAS, five snowmobile clubs are proposing to maintain 106 miles of trails that have previously been funded by this program for snowmobile use in Tompkins County, and as part of the grant application, each club prepared a three-year maintenance and capital -project plan, which have been compiled for a master application, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That Tompkins County hereby accepts the 2007-2008 Snowmobile Trails Grant -In -Aid funds in the event that grant funds are awarded, RESOLVED, further, That the County Administrator or his designee be authorized to execute any contracts related to this project. SEQR ACTION: TYPE II -1 RESOLUTION NO. 182 - SCHEDULING A PUBLIC HEARING ON THE 2008 TOMPKINS COUNTY BUDGET AND THE 2008-2012 TOMPKINS COUNTY CAPITAL PROGRAM MOVED by Mr. Booth, seconded by Mr. Proto, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, the tentative 2008 Tompkins County Budget and the 2008 — 2012 Tompkins County Capital Program are scheduled to be adopted on November 20, 2007, 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, located at 320 North Tioga Street, Ithaca, New York on Tuesday, November 13, 2007, at 7:00 o'clock in the evening thereof concerning the review of the tentative 2008 Tompkins County Budget and the 2008 — 2012 Tompkins County Capital Program. At such time and place all persons interested in the subject matter will be heard concerning the same RESOLVED, further, That the Clerk of the Legislature is hereby authorized and directed to place proper notice of such public hearing in the official newspaper of the County. SEQR ACTION: TYPE II -20 Appointment(s) Approved 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: Personal Emergency Response Service Advisory Board Liz Norton — Representative of an Agency representing Disabled or Elderly; term expires December 31, 2007 Report and Presentation of Resolution(s) from the Health and Human Services Committee 271 September 18, 2007 Mr. Shinagawa, Chair, reported the Committee met on September 5th and heard presentations from several departments on 2008 budget requests. He said a while back this Legislature passed a resolution addressing the shortage of health care workers in New York State. He stated this is something at the top of the agenda for the Governor and the Department of Health. Mr. Shinagawa said the Committee received a presentation on a new pilot program -- "Telehealth", an electronic transmission of medical information from a patient's home to the Health Department. RESOLUTION NO. 183 — APPROPRIATION FROM CONTINGENT FUND — TERMINAL- PAY REIMBURSEMENT — HEALTH DEPARTMENT MOVED by Mr. Shinagawa, seconded by Ms. Kiefer. A short roll call vote resulted as follows: Ayes — 15, Noes - 0. RESOLUTION ADOPTED. WHEREAS, the Health Department had a Senior Clerk retire effective June 30, 2007, and WHEREAS, the Fiscal Policy of Tompkins County allows for terminal -pay reimbursement from the Contingent Fund, now therefore be it RESOLVED, on recommendation of the Health and Human Services and the 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 $8,758 TO: A4012.51000518 Senior Clerk $6,301 A4012.58800 Fringes $2,457 SEQR ACTION: TYPE II -20 Report from the Health Department Building Committee Mr. Proto, Chair, reported the Committee has received the executive summary pertaining to the building conditions report and should have received a report from LaBella Associates on the building configuration conceptual plan. Mr. Proto said a review of the document submitted by Cornell University and the acquisition of the building will be taken up at the next meeting. The next Committee meeting has tentatively been scheduled for September 20 at 3:30 p.m. Presentation of Resolution(s) from the Facilities and Infrastructure Committee RESOLUTION NO. 184 - AUTHORIZING A COOPERATIVE AGREEMENT WITH THE TRANSPORTATION SECURITY ADMINISTRATION (TSA) IN RELATION TO ITS MANDATED LAW ENFORCEMENT OFFICER (LEO) PROGRAM AT THE ITHACA TOMPKINS REGIONAL AIRPORT MOVED by Ms. Herrera, seconded by Mr. Stevenson. Ms. Herrera said the County needs to adopt this resolution in order to receive the federal funding. Ms. Kiefer said she has learned since the Committee meeting this afternoon that the Sheriff has agreed at this time and in recognition of the Airport's tight budget, to provide LEO screening -point coverage at a cost substantially less than the actual cost and suggested adding language to acknowledge this. Ms. Herrera said she was not aware of this information. Mr. Whicher said in his discussions with the Sheriff he was told that the Sheriff and the Airport Manager met and agreed on a compromise with regard to how much the Airport should be charged. Mr. Whicher said it is important to recognize that the cost to the Airport is less than what it would actually cost the Sheriff to provide the service. 272 September 18, 2007 Ms. Robertson expressed concern that this means "in-kind" property tax support of Sheriff's Office personnel in supporting the Airport, which is an enterprise unit; she said she would like to have more information on this. Ms. Herrera expressed concern with changing a resolution at the last minute that has been carried forward and very carefully worked on throughout a process. Mrs. McBean-Clairborne, Chair of the Public Safety Committee, said she would like to have an opportunity for that Committee to review the new information concerning the agreement between the Sheriff and Airport Manager. Ms. Herrera said she would ask that this resolution be withdrawn from the agenda rather than incorporate the changes suggested by Legislator Kiefer at this time. Ms. Kiefer said she does not want to see a delay in acting upon this resolution. She said the purpose of the suggested language was to call attention to the fact that apparently there is something positive happening with regard to this between the Sheriff and the Airport. She said the current contract expires on September 30th and does not want there to be a lapse in payment. She stated she was informed by the Airport Manager that the financial repercussions of a lapse in this contract amounts to $400-$500 per day. Mr. Dennis said his concern with this program originated with the federal government with payment and they are now asking the County to pay for it. Mr. Joseph said this resolution approves a contract between the TSA and the Airport and said the issue of what the Airport pays the Sheriff for this in an internal matter and separate from the action taken by this resolution. Ms. Herrera said she withdraws her withdrawal. A voice vote resulted as follows: Ayes — 14, Noes — 1 (Legislator McBean-Clairborne). RESOLUTION ADOPTED. WHEREAS, the terrorist attacks of September 11, 2001, created the need for greatly enhanced security screening at the nation's commercial service airports, and WHEREAS, among these enhanced procedures the Transportation Security Administration (TSA) determined that a need existed to have an armed Law Enforcement Officer (LEO) present at all passenger screening points during screening operations, and WHEREAS, in order to provide LEO screening point coverage for all flights departing the Ithaca Tompkins Regional Airport, the TSA signed a Reimbursement Contract with the County of Tompkins for the period June 1, 2003, through September 30, 2003, with an option to renew for a further four years through 30th September 2007, and WHEREAS, said contract reimbursed the County for personnel costs associated with providing said LEOs but contained no allowance for other sundry costs, and WHEREAS, said contract made provision for annual increases to allow for inflation but the TSA did not pay the inflation -indexed rate for the present final contract year, and WHEREAS, the TSA is proposing replacing said expiring Reimbursement Contract program with a Cooperative Agreement program, and WHEREAS, due to the TSA's stated budgetary constraints, said Cooperative Agreement would only reimburse Tompkins County for sixty-five percent of the LEO's total cost, leaving a significant budgetary shortfall in excess of $84,000 for the first year of the contract, growing to a shortfall in excess of $119,000 for the fifth and final year of the contract, and WHEREAS, failure to execute this contract for mandated LEO coverage could result in no Federal funding being made available, and WHEREAS, the County's legislative delegation in Washington has initiated an attempt to increase funding for this program to eliminate the budgetary shortfall, now therefore be it 273 September 18, 2007 RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That said Cooperative Agreement be accepted under strong protest and encouragement to fully fund this program in future years, and the County Administrator be and hereby is authorized to execute said agreement with the TSA, conveying in a cover memo the County's protest. SEQR ACTION: TYPE II -20 Report and Presentation of Resolution(s) from the Personnel Committee Mr. Dennis, Chair, said he would like to schedule a meeting to discuss retiree health insurance. Mrs. McBean-Clairborne said she continues to work with County Administration and personnel on the development of a process for performance reviews for the four employees who report directly to the Legislature. RESOLUTION NO. 185 — CHANGE IN ADMINISTRATOR FOR DEFERRED COMPENSATION PLAN MOVED by Mr. Dennis, seconded by Mr. Booth. A voice vote resulted as follows: Ayes — 15, Noes — 0. RESOLUTION ADOPTED. WHEREAS, Tompkins County has employees rendering valuable services, and WHEREAS, Nationwide Retirement Systems currently administers a deferred compensation plan for employees, and WHEREAS, Tompkins County staff has determined that changing the deferred compensation plan to ICMA Administrator Corporation is in the best interest of such employees, and WHEREAS, Tompkins County desires that its deferred compensation plan be administered by the ICMA Retirement Corporation, and that some or all of the funds held under such plan be invested in the VantageTrust Company, a trust established by public employers for the collective investment of funds held under their retirement and deferred compensation plans, now therefore be it RESOLVED, on recommendation of the Personnel Committee, That Tompkins County hereby adopts the deferred compensation plan (the "Plan") in the form provided by Tompkins County, which is compliant with the New York State Model Plan, RESOLVED, further, That Tompkins County contract with ICMA Retirement Corporation to administer for the County's Deferred Compensation Plan for a period of five years, RESOLVED, further, That Tompkins County hereby authorizes the execution of the Declaration of Trust of the VantageTrust Company, intending this execution to be operative with respect to any retirement or deferred compensation plan subsequently established by Tompkins County, if the assets of the plan are to be invested in the VantageTrust Company, RESOLVED, further, That the assets of the Plan shall be held in trust, with Tompkins County serving as trustee, for the exclusive benefit of the Plan participants and their beneficiaries, and the assets shall not be diverted to any other purpose, RESOLVED, further, That Tompkins County hereby agrees to serve as trustee under the Plan, RESOLVED, further, That the Tompkins County Finance Director shall be the coordinator of the program; shall receive necessary reports, notices, etc., from the ICMA Retirement Corporation or the VantageTrust Company; shall cast, on behalf of Tompkins County, any required votes under the VantageTrust Company; may assign Administrative duties to carry out the plan to the appropriate departments, and is authorized to execute all necessary agreements with ICMA Retirement Corporation incidental to the administration of the Plan. SEQR ACTION: TYPE II -20 Withdrawal of Resolution 274 September 18, 2007 Vice Chair McBean-Clairborne gave Mr. Dennis permission to withdraw the resolution from the agenda entitled Award of Contract — Deferred Compensation Administrative Services. The resolution was no longer necessary. Report and Presentation of Resolution(s) from the Government Operations Committee Mr. Stevenson, Chair, reported the Committee met on September 14 and discussed many items that appear on the agenda. The Committee was presented with information of a new Cold War Veterans property tax exemption. After discussion, there was no interest expressed in pursuing that option. Ms. Younger reported to the Committee on work that is being done on the Administrative Policy Manual which is one of the Committee's goals for this year. RESOLUTION NO. 186 - APPROPRIATION FROM CONTINGENT FUND FOR THE COUNTY HISTORIAN MOVED by Mr. Stevenson, seconded by Ms. Mackesey. A short roll call vote resulted as follows: Ayes — 15, Noes — 0. RESOLUTION ADOPTED. WHEREAS, the County Historian has requested funds for travel reimbursement expenses, and WHEREAS, the County Historian has been certified by the Director of Finance to have $1,000 unspent appropriations from 2006, and WHEREAS, the time to request using those funds in the current year's budget has passed, now therefore be it RESOLVED, on recommendation of the Government Operations and the Budget and Capital Committees, That the Director of Finance is hereby authorized to make the following appropriation on his books: BUDGET APPROPRIATION: FROM: Contingent Fund 1990.54400 $1,000 TO: County Historian 0202.54400 $1,000 RESOLVED, further, That pursuant to Fiscal Policy the unspent appropriations available to the County Historian for use in 2008 will be reduced by $1,000. 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 September 10 and discussed many of the items that were presented at the first Expanded Budget Committee meeting yesterday. RESOLUTION NO. 187 - AUTHORIZING THE ISSUANCE OF UP TO $2,900,000 SERIAL BONDS OF THE COUNTY OF TOMPKINS, NEW YORK, TO PAY PART OF THE $10,990,511 COUNTY OF TOMPKINS SHARE OF THE TOMPKINS CORTLAND COMMUNITY COLLEGE CAMPUS MASTER PLAN RECREATIONAL FACILITY IMPROVEMENT MOVED by Mr. Koplinka-Loehr, seconded by Mr. Booth. Ms. Kiefer explained in this resolution we are acknowledging and accepting the increased estimate of costs and asked that such language be made explicit in a second Whereas; the bond counsel agrees with this change. A roll call vote resulted as follows: Ayes — 15, Noes — 0. RESOUTION ADOPTED. WHEREAS, by resolution adopted on February 7, 2006, by the County Legislature of the County of Tompkins (the "County"), the County authorized the issuance of $4,000,000 serial bonds to finance a 275 September 18, 2007 portion of the County's share of the Tompkins Cortland Community College Campus Master Plan recreational facility improvement project (the "Project") on the campus of the Tompkins Cortland Community College estimated at the time to be $10,246,000, and WHEREAS, the estimated cost of the County's share of the Project has since increased to $10,990, 511, and this revised amount is recognized and accepted by Tompkins County, and 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 additional financing for the Project, now therefore be it RESOLVED, on recommendation of the Budget and Capital Committee, by the Tompkins County Legislature of the County of Tompkins, New York, as follows: Section 1. For the class of objects or purposes of paying a portion of the $10,990,511 County of Tompkins' share of the Tompkins Cortland Community College Campus Master Plan recreational facility improvement on the campus of the Tompkins Cortland Community College, including incidental expenses in connection therewith, in and for said County of Tompkins, New York, there are hereby authorized to be issued up to $2,900,000 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 specific object or purpose is $10,990,511, and that the plan for the financing thereof is by the issuance of up to $2,900,000 serial bonds of said County of Tompkins, New York, authorized to be issued pursuant to this bond resolution, together with the application of (i) the proceeds of the County's $4,000,000 serial bonds authorized by resolution dated February 7, 2006, (ii) $3,665,537 of the proceeds of the previous sale of the County's tobacco assets, (iii) and $745,000 of other funds available to the County. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is thirty years, pursuant to subdivision 11 of paragraph a of Section 11.00 of the Local Finance Law. 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 serial bonds herein authorized, including renewals of such notes, is hereby delegated to the County Director of Finance, 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 bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of said County a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 6. Such bonds shall be in fully registered form and shall be signed in the name of the County of Tompkins, New York, by the manual or facsimile signature of the County Director of Finance and a facsimile of its corporate seal shall be imprinted or impressed thereon and may be attested by the manual or facsimile signature of the County Clerk. Section 7. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the County Director of Finance, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he or she shall deem best for the interests of the County; provided, however, that in the exercise of these delegated powers, he or she shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the County 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 276 September 18, 2007 all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the County by the facsimile signature of the County Director of Finance, providing for the manual countersignature of a fiscal agent or of a designated official of the County), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the County 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 shall determine. Section 9. The temporary use of available funds of the County, not immediately required for the purpose or purposes for which the same were borrowed, raised or otherwise created, is hereby authorized pursuant to Section 165.10 of the Local Finance Law, for the capital purposes described in Section 1 of this resolution. The reasonably expected source of funds to be used to initially pay for the expenditures authorized by Section 2 of this resolution shall be from the County's General Fund. It is intended that the County shall then reimburse expenditures from the General Fund with the proceeds of the bonds and bond anticipation notes authorized by this resolution and that the interest payable on the bonds and any bond anticipation notes issued in anticipation of such bonds shall be excludable from gross income for federal income tax purposes. This resolution is intended to constitute the declaration of the County's "official intent" within the meaning of Treasury Regulation Section 1.150-2 to reimburse the expenditures authorized by this resolution with the proceeds of the bonds and bond anticipation notes authorized herein. Other than as specified in this resolution, no monies are reasonably expected to be, received, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the objects or purposes described herein. Section 10. The validity of such bonds and bond anticipation notes may be contested only if: (1) Such obligations are authorized for an object or purpose for which said County is not authorized to expend money, or (2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit, or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (3) Such obligations are authorized in violation of the provisions of the Constitution. Section 11. This resolution, which takes effect immediately, shall be published in full in The Ithaca Journal, the official newspaper of said County, together with a notice of the Clerk of the County Legislature in substantially the form provided in Section 81.00 of the Local Finance Law. SEQR ACTION: TYPE II -20 RESOLUTION NO. 188 - AUTHORIZING THE ISSUANCE OF $3,500,000 SERIAL BONDS OF THE COUNTY OF TOMPKINS, NEW YORK, TO PAY A PORTION OF THE COST OF ACQUIRING AN OFFICE BUILDING AND RELATED DESIGN SERVICES MOVED by Mr. Koplinka-Loehr, seconded by Mr. Hattery. Mr. Proto said the Health Department Building Committee has not met to review the information to determine whether or not the County wants to proceed with this project. He said this resolution could be acted upon at a later date. It was MOVED by Mr. Proto, seconded by Ms. Herrera, to Table the resolution indefinitely. 277 September 18, 2007 Mr. Koplinka-Loehr spoke against the motion and said when the Legislature passed a resolution to pursue this location it was adopted by a 9-5 vote. In order to proceed with financing the project there needs to be 10 votes and he would like the seller to have an indication that there are enough votes to proceed with bonding the project. He stated that although tonight is an indication, it is not a final authorization to bond and there would be enough time to collect information from the Committee. Mr. Squires said he was packaging the bond resolutions for this project and the TC3 Master Plan for the purpose of cost effectiveness. He said it takes approximately 45 days to go through the process of going to market and obtaining the proceeds to pay for a transaction. He stated he would not borrow the money unless the Legislature gives him authorization to do so. Mr. Proto said the Deputy County Attorney has not yet presented his review of the lease to the Committee. Mr. Flash said they are targeting January 3rd as a closing date. He said Cornell would like to have a closing date a soon as possible but he has communicated to Cornell that it would be more advantageous to the County to close after the first of the year. Mr. Joseph said while the Finance Director has said this can be postponed, he said it would be better to do this now. He questioned the notion that the decision with regard to the site has not been made. He said this Legislature selected the location and while it was stated there were other decisions that would need to be made to affect that action it was stated that the decision on site selection was being made at that time. He said this is a funding resolution and the issue before this Legislature is not whether the Health Department will be located at this site, but whether the County will pay for this by borrowing or with current revenues. Mr. Booth agreed with Mr. Joseph's statement. While he respects Mr. Proto's issue about process, he thinks the basic issue of location has already been determined. He spoke against the motion and said he hopes this resolution will be acted upon while all members of the Legislature are in attendance this evening. Ms. Herrera disagreed with Mr. Joseph's statement and said one of the arguments that was made at the time was that that was one step in the process and that there would be additional steps where objections could be raised. She said the process that was undertaken placed this Legislature in a "choose it or lose it" situation. She would like time for the Committee to review the report in order to put the County in a better negotiating position. Ms. Kiefer said there is some value to packaging bond issues together as it makes them more appealing to the market. She also said she thinks its in the best interest of the County to stop spending money on the present building. She noted this resolution is only for a portion of the costs of the building so she does not think it harms the County's negotiating stance as a total amount has not yet been revealed. Mr. Randall said he would support a motion to postpone until a time when the Health Department Building Committee can review the information. It was MOVED by Mr. Randall to Postpone action on this resolution to the Legislature meeting on October 2, 2007. MOTION FAILED DUE TO LACK OF A SECOND. A voice vote on the amendment to Table resulted as follows: Ayes — 4 (Legislators Herrera, McBean-Clairborne, Proto, and Stevenson); Noes — 11. MOTON FAILED. Ms. Herrera said during the process of selection the Health Department staff was asked what their preferences were. They overwhelmingly told this Legislature that the current location was the one they wanted. In addition, there have been many staff outside of the Health Department who have expressed 278 September 18, 2007 their opinions that there was a lack of support of staff opinions when the process was abandoned at the last minute. Ms. Herrera said she is disappointed that the committee process has been bypassed in this situation. A roll call vote on the resolution resulted as follows: Ayes — 10, Noes — 5 (Legislators Herrera, McBean-Clairborne, Proto, Randall, and Stevenson). RESOLUTION ADOPTED. WHEREAS, Tompkins County (the "County"), a local agency pursuant to the New York State Environmental Quality Review Act ("SEQRA"), ECL Section 8-0101, et seq., and implementing regulations, 6 NYCRR Part 617 (the "Regulations"), having reviewed the impact of a capital improvement project consisting of the acquisition of a ground -lease interest in approximately 5.4 acres located at 55 Brown Road in the Village of Lansing, New York, the purchase of certain improvements located thereon consisting of an approximately 33,054 square foot, two-story office building, and the renovation and reconstruction of such improvements (collectively, the "Project"), upon the environment, previously determined by resolution dated September 10, 2007, that the Project will not result in any significant adverse environmental impacts, and WHEREAS, it is now desired to authorize the undertaking and financing of the acquisition of the improvements located at 55 Brown Road in the Village of Lansing, New York, together with the preparation of related architectural and engineering design plans, now therefore be it RESOLVED, on recommendation of the Budget and Capital Committee, and by the County Legislature of the County of Tompkins, New York, as follows: Section 1. For the class of objects or purposes of paying a portion of the cost of acquisition of certain improvements located on approximately 5.4 acres located at 55 Brown Road in the Village of Lansing, New York, consisting of an approximately 33,054 square foot, two-story office building, together with the preparation of related architectural and engineering design plans, and all other necessary costs incidental to such work, including preliminary costs and costs incidental thereto and the financing thereof, there are hereby authorized to be issued $3,500,000 serial bonds of the 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 the aforesaid class of objects or purposes is $3,500,000 and that the plan for the financing thereof is by the issuance of up to $3,500,000 serial bonds hereby authorized to be issued pursuant to this bond resolution and the levy and collection of taxes on all the taxable real property in the County to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is thirty years under subdivision 11(a)(1) of paragraph a. of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized 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 serial bonds herein authorized, including renewals of such notes, is hereby delegated to the County Director of Finance, 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 bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of said County a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 6. Such bonds shall be in fully registered form and shall be signed in the name of the County of Tompkins, New York, by the manual or facsimile signature of the County Director of Finance and a facsimile of its corporate seal shall be imprinted or impressed thereon and may be attested by the manual or facsimile signature of the County Clerk. 279 September 18, 2007 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, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he or she shall deem best for the interests of the County; provided, however, that in the exercise of these delegated powers, he or she shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the County 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 by the facsimile signature of the County Director of Finance, providing for the manual countersignature of a fiscal agent or of a designated official of the County), the date, denominations, maturities, and interest -payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the County 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 shall determine. Section 9. The temporary use of available funds of the County, not immediately required for the purpose or purposes for which the same were borrowed, raised, or otherwise created, is hereby authorized pursuant to Section 165.10 of the Local Finance Law, for the capital purposes described in Section 2 of this resolution. The reasonably expected source of funds to be used to initially pay for the expenditures authorized by Section 3 of this resolution shall be from the County's General Fund. It is intended that the County shall then reimburse expenditures from the General Fund with the proceeds of the bonds and bond anticipation notes authorized by this resolution and that the interest payable on the bonds and any bond anticipation notes issued in anticipation of such bonds shall be excludable from gross income for federal income tax purposes. This resolution is intended to constitute the declaration of the County's "official intent" within the meaning of Treasury Regulation Section 1.150-2 to reimburse the expenditures authorized by this resolution with the proceeds of the bonds and bond anticipation notes authorized herein. Other than as specified in this resolution, no monies are reasonably expected to be, received, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the objects or purposes described herein. Section 10. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said County is not authorized to expend money, or 2) The provisions of law that should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 11. This resolution, which takes effect immediately, shall be published in full in The Ithaca Journal, the official newspaper of said County, together with a notice of the Clerk of the County Legislature in substantially the form provided in Section 81.00 of the Local Finance Law. 280 September 18, 2007 RESOLUTION NO. 189 — AUTHORIZING THE DIRECTOR OF FINANCE TO DEVELOP A MEMORANDUM OF UNDERSTANDING WITH TOMPKINS CORTLAND COMMUNITY COLLEGE AND CORTLAND COUNTY MOVED by Mr. Koplinka-Loehr, seconded by Mr. Hattery, and unanimously adopted by voice vote. WHEREAS, Tompkins Cortland Community College and its sponsors Cortland County and Tompkins County, and New York State have approved a $34,053,262 Campus Master Plan to upgrade and expand its facilities, and WHEREAS, Tompkins Cortland Community College has pledged $3,000,000 from a Capital Campaign, and $9,451,631 from Capital Chargeback Fund to reimburse the sponsors for financing the project during construction, and WHEREAS, Tompkins County has borrowed $4,000,000 over and above its stated $3,038,000 local share of the project, and is in the process of authorizing an additional $2,900,000 of financing to support remaining cash flow requirements of the project, now therefore be it RESOLVED, on recommendation of the Budget and Capital Committee, That the Finance Director develop a Memorandum of Understanding with Tompkins Cortland Community College and Cortland County to formally delineate the schedule of repayment of funds advanced to the project by the sponsors, RESOLVED, further, That no additional funds be released to the project until the Memorandum of Understanding has been approved. SEQR ACTION: TYPE II -20 Report from the Public Safety Committee Mrs. McBean-Clairborne, Chair, reported the Committee will meet on September 20th and will be discussing the public safety data sharing project. Report from the Workforce Diversity and Inclusion Committee Mrs. McBean-Clairborne, Chair, reported the Committee will meet on September 26th Approval of Minutes of September 4, 2007 It was MOVED by Mr. Proto, seconded by Mr. Stevenson, and unanimously adopted by voice vote, to approve the minutes of September 4, 2007, as corrected. MINUTES APPROVED. Announcement Mr. Proto announced the Vietnam Veteran's Watchfire will be held on September 21st at Myers Point in Lansing. Adjournment On motion the meeting adjourned at 8:17 p.m. 281 October 2, 2007 Regular Meeting Call to Order Mr. Joseph, Chair, 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 (Mrs. McBean-Clairborne arrived at 5:42 p.m.). Excused: 1 (Legislator Herrera). Presentation of Proclamation(s) Mr. Joseph read a proclamation declaring October 7 — 13, 2007, Cornell Cooperative Extension Week and 4-H Week in Tompkins County and presented it to G-Quan Booker who thanked the Legislature for their support. Privilege of the Floor by the Public Bernard Hutchins, Hanshaw Road, submitted the following statement: "At your September 4, 2007 meeting I made a statement, and I have recently learned from Mr. Joseph that Mr. Wood criticized my statement during his report, which occurred somewhat later in the meeting. Specifically he said I was incorrect in saying that there had been "no correspondence" in reply to my concerns. In as much as my own statement related exchanges between myself and the county on some 13 issues, it was scarcely the case that I was suggesting that there had been no reply. Hopefully, no one in addition to Mr. Wood failed to notice this distinction between a reply, and a good -faith response. "Being ignored in this more subtle way leaves the citizen feeling small and helpless. By way of comparison, everyone here knows the feeling of being on the phone and hearing: "Please remain on the line for the next available representative — your call is very important to us." "In fact, Mr. Whicher, Mr. Marks, and particularly John Lampman have been courteous, and relatively timely in acknowledging my inquiries. Rather it is the county's fainthearted evasion of the relevant issues that was, and continues to be the problem. It was what they did not say - that they ignored any and all points in my documented and conscientiously -crafted arguments and rebuttals. "I am prepared to have my arguments demolished by facts and logic. But I am not willing to be declared the looser in the debate, by the other party in the debate, when the other party has quite apparently not studied the issues to the extent that I have, and possibly has not even read what I have submitted. "The county does not participate in the debate — they default — indeed the county does not even seem interested in establishing an actual dialog. "Mr. Wood is correct that there were probably 30 to 50 emails, which might make me seem like quite a pest. However, averaged over two years, this is one exchange per month. He is also correct when he wrote that he has "written to Mr. Hutchins at least once." It was exactly once - March 12, 2006 (as I related to this Legislature at your March 18, 2006 meeting). On this date, he pressed the reply button on an email I had sent to John Lampman, and wrote:.... "I think that John Lampman has accurately 282 October 2, 2007 expressed the County's view with respect to our legal position; we believe that the current right of way is 3 rods." "This indirect email is his only response to my certified letter of Oct. 19, 2005, then or since. So he offers beliefs, beliefs without offering a hint of accompanying support. This is a perfect example of what I mean by a failure to respond in good faith. "It may be that it is the County Attorney's job to grease the wheels of county government. It may even be his job to bulldoze a private property owner out of the way of a county project. However, a citizen such as myself, a voter, a taxpayer who pays his salary, might well suppose that it should also be part of his job description to assure that the county treats each and every individual, (each minority of one), by negotiating honestly, in good faith, and with fairness." Fran Spadafora Manzella, Call Manager, representing the 2-1-1 Tompkins service, announced that the system is now operational. Ms. Spadafora Manzella and Mr. Swayze, Director of the Human Services Coalition Information and Referral, said the 2-1-1 call system offers referrals to not-for-profit and government organizations and is available 24 -hours, free of charge. The program, funded by Tompkins County, City of Ithaca, Town of Ithaca, Town of Groton, New York State Office of Family and Children's Services, Ithaca Urban Renewal Agency Community Development Block Grant, and the United Way of Tompkins County, makes it possible to dial 2-1-1 and be connected to the referral that has information on over 650 not-for-profit and government organizations and 1,300 programs in Tompkins County. Mr. Swayze thanked the Legislature for its support for the initiative. Mrs. McBean-Clairborne arrived at this time. Privilege of the Floor by Legislators Mr. Proto, District No. 7 Legislator, reported four of his constituents (3 from Danby, 1 from Caroline) have contacted him concerning serious over -billing on their New York State Electric and Gas Corporation statements. He suggested individuals carefully review bills upon receipt and that legislators log calls if they were to also have contact from residents. Mr. Proto then inquired when it would be appropriate to request minutes relating to a resolution passed several meetings ago be amended to more accurately reflect a committee recommendation. Mr. Joseph said the topic could be discussed at the time the minutes are approved. Ms. Kiefer, District No. 10 Legislator, spoke of her many years representing the Legislature with regard to the Cornell Veterinary School Waste Management Project to replace their incinerator. She reported that she has received a notice that the State University Construction Fund has gone out to bid on the project, with a due date of October 30th. It is hoped that construction will start next year. Mr. Stevenson, District No. 8 Legislator, announced that on October 27th at 1:00 p.m. Meadowgate Equine Rescue, a non-profit equine rescue farm in Newfield, will be having a Fall Round -up fund raiser with the proceeds to go to the rescue service and Ponderosa Pals Youth Program. Ms. Mackesey, District No. 1 Legislator, spoke of her attendance at a demonstration on October 1, 2007, at the Ithaca City School District Board of Education Offices regarding the legal stance the school district has taken in relation to a particular discrimination case being heard by the Human Rights Commission. She expressed embarrassment that the school district is taking the stance that it is. If successful there would no longer be a recourse for students when discrimination occurs. Ms. Mackesey feels it is important to speak out that in a democracy these rights should be preserved. Mrs. McBean-Clairborne, District No. 2 Legislator, also expressed concern with regard to the human rights case regarding the Ithaca City School District and hopes that colleagues would take note of 283 October 2, 2007 the situation. She spoke of the local Human Rights Commission providing individuals who are not able to afford lawyers a resource to seek redress to the issues of discrimination within the community. Mrs. McBean-Clairborne said that if the school district is successful it would then become New York State law and will mean many individuals throughout the state would not be afforded an opportunity to have a fair hearing. She said that although there is the possibility of a hearing with the Civil Rights Division of the Education Department it would require traveling to Albany that could be beyond the means of many individuals. Mrs. McBean-Clairborne asked that people not take away the opportunity for these matters to be dealt with locally and voice concern and support. Mr. Proto spoke of the previously approved resolution of recognition prepared for the Dryden Grange's 100th Anniversary and asked for a report on the celebration. Mr. Sigler reported approximately 30 to 40 individuals were in attendance and expressed appreciation for the recognition. He spoke of the event highlighting events over the past one hundred years and how it corresponds with County history as well. Mr. Sigler said historical information is something that should be preserved. Mr. Koplinka-Loehr, District No. 11 Legislator, announced that the September 27, 2007, issue of The Ithaca Times highlighted Kathy Luz Herrera, District No. 5 Legislator, as the "Best Local Hero". Presentation — Update on 2003 Independent Living Survey Mr. Schumacher introduced Ms. Powers of Cornell's Family Life Development Center who provided the Legislature with a PowerPoint presentation of the 2007 Independent Living Survey Project concerning the needs of the county's homeless youth and summarized the report's findings for legislators. The study, updating a similar project conducted four years ago, was carried out through a partnership involving the County's Youth Services Department, the Learning Web, the Family Life Development Center at Cornell University and young adult participants in the Learning Web's Youth Outreach Program. Current and former homeless youth were involved as research partners, who collected survey data from more than 200 young people, participated in research design, and helped to interpret results. Some of them were on hand tonight to tell legislators about the needs the study identified. Ms. Powers reported that the study finds great instability among the population, with many floating from one temporary housing situation to another, that conflict at home is a major theme, and drug use a common factor, both in the reasons that respondents identified for leaving home and within the population itself, with a common connection between boredom and drug use. A significant number also experienced parenting issues. Many had past experience with systems including foster care, and Ms. Zook of County Youth Services told legislators that element points out the need to "take a very close look at what kind of help we are providing for those kids." Mr. Dennis spoke of existing programs within schools that are in place to assist in these situations and inquired what the Legislature could do to help. Some of the youth identified problems in easily accessing social services, because of qualifications issues. Ms. Mackesey said that the findings tell her that there is "a great big hole in our safety net for children who leave home" and the need exists to more effectively communicate information on assistance that is available to reach the young people who need it. Ms. Schwartzbach of the Learning Web pointed out that systemic issues in this county, including high rental costs, make it very difficult for these youth. Some of the youth spoke of the Youth Outreach program as being a useful tool to direct them to appropriate services. Ms. Robertson noted the shift in need from transportation to housing and asked if it is due to progress in transportation services or just differences between the particular groups surveyed. Ms. Powers said it would be difficult to give a definitive answer to the questions. 284 October 2, 2007 Mr. Sigler referred to a portion of the report indicating drug use and inquired how much of the parental conflict is associated with drug use. Several of the youth shared their experience and noted that drug use was not necessarily the cause for leaving, it is in part due to parental drug use or as a means of "coping" during a bad situation. Mrs. McBean-Clairborne maintained that the factors of housing, transportation, and employment are not isolated, but cumulative. The matter of affordable housing must be addressed in a realistic way, and called for the voices of the youth to be included as the County addresses the affordable housing issue. She then asked that individuals designate funding to the United Way to assist in resolving homelessness. Ms. Robertson said affordable housing is something that has been identified for a long period and she thanked the speakers for putting a face on the problem. Although many individuals have endorsed the concept it now needs to be applied. She suggested the young people keep speaking out, for example writing letters to The Ithaca Journal as well as contacting the various agencies throughout the County dealing with housing to let their needs be known. She said that although the housing strategy has been accepted it is only a beginning. Chair's Report Mr. Joseph reported on his attendance at the New York State Association of Counties (NYSAC) conference in Albany. He said a large discussion was held about the Pre -K Education for Handicapped Children mandate that requires counties to pay for the services without the benefit of input when determining what services should be offered. The Governor has established a task force to look into the issue and NYSAC has been active in working with the task force to provide counties' positions on the matter, namely that counties should be taken out of the entire process. Although they did not succeed in obtaining this recommendation due to schools not desiring to take on the full expense of the programs. The task force is considering a recommendation that counties be phased out of the administrative role and an immediate cap on county cost be put in place. Mr. Joseph spoke of how this differs from the lengthy process of obtaining a cap on Medicaid. Mr. Booth noted the process could be perceived as different than the previous cap as the tax burden shift is not on the State but the schools. Mr. Joseph then reported on a workshop dealing with the parole system removing parole violators out of local jails more quickly. He noted the Governor had made a pledge to do this last year, however some of the requirements to do so require legislative approval that has not yet occurred. In the interim, there are initiatives being undertaken but they only affect the larger counties such as providing an increased number of parole hearings. Mr. Joseph said that the Parole Department is in contact more with defense attorneys to determine that a case is ready to be heard and therefore reducing postponements. Following the workshop he had an opportunity to speak to the presenter, the Commissioner of Parole, about the local situation, in particular, utilization of programs to assist parolees in succeeding such as the Day Treatment Program. The discussion ended positively with the Commissioner indicating it is his job to see that appropriate steps such as internal use of Day Treatment are taken to assure success. Mr. Joseph reported discussions took place regarding the issue of making the additional one percent sales tax permanent rather than having to permanently vote on the present two-year blocks. He said that the Suffolk County State Legislator refused to carry the County request to continue the one - percent sales tax forward, costing the county approximately $200 million, thus denying them the additional sales tax. This caused a major crisis for Suffolk County and more concern from other counties as well. The discussions taking place were addressing the recent election of Ray Meier who ran for Congress, stating how he had raised sales tax at the request of his counties; he lost the election and believed his bringing forward the legislation for additional sales tax played a part. As a result the State Legislators are not as anxious to bring forward the resolutions. Mr. Joseph said that the discussions taking place brought forth the suggestions of still requesting on a county -by -county authorization but 285 October 2, 2007 forget the sunset or to simply change the State law to amend it to allow counties the option of imposing a sales tax up to four percent. Mr. Proto expressed concern with regard to the pre -K education task force recommendation of shifting the burden of administration to the school. He suggested that perhaps the matter could be discussed further at a retreat to be able to fully determine how such a shift would affect the County. He then said the survey presentation disappoints him; the Department of Social Services budget is in excess of $33 million annually with a local share of $16-$17 million. He said it is important to identify priorities. Ms. Robertson noted that poverty is expensive; the amount clients receive and what is needed just to survive has a large gap. She believes it would be good to have both pre -K and school-age children covered by the schools, that it should not be one system for the pre -K and one for school-age children with disabilities. Report from the County Administrator Mr. Whicher reported on his attendance at the NYSAC conference, stating that Town of Caroline Supervisor Don Barber and he presented information regarding the Tompkins County Council of Governments Health Care Consortium initiative. Following the meeting they were one of five counties invited to speak to the New York State Insurance Department to discuss what legal barriers would need to be amended to move forward with the initiative. Mr. Whicher and Mr. Barber spoke of their concerns and areas to be addressed and were informed that proposed legislation to address these concerns had been made previously; it appears that there may an opportunity for changes to occur at the State level. Mr. Whicher then reported it has been approximately ten years since Jack Miller had come to express the need for a new communications system. Last Friday Mr. Shurtleff, Emergency Response Director, demonstrated the new system, which is ninety percent installed. The system appears to be fully functional, with exceptional quality, and appears outstanding. There is more work to be completed; however, it is very close and is appearing to be an excellent system. Mr. Whicher congratulated all individuals participating in the long-awaited project. Report from the County Attorney Mr. Wood reported that he too had had the opportunity to speak on the new communications system and was impressed. He said the acceptance testing would be delayed until spring due to the imminent loss of foliage and the need to test when leaves are one the trees. Upon acceptance testing, the radios will be purchased and the system utilized. Mr. Wood reported that the Federal Court has provided a 25 -page decision that outlined facts and position with regard to the Serling-Sutton case, granting the County's motion for summary judgment and dropping all charges against the Department of Social Services. This case, which claimed the Department of Social Services improperly removed the child from the parents, received a good deal of publicity. He noted that the publicity unfairly criticized the Department of Social Services, however the Federal Court decision noted the facts and why it decided in favor of the County. Mr. Proto inquired whether there have been any updates on the Bolton Point water fee case. Mr. Wood stated that the hearing is scheduled to be heard the third week of October, the decision will take approximately two months from that time. Report from the Finance Director 286 October 2, 2007 Mr. Squires reported the September 24, 2007, audit report has been received by the Audit Committee and is available for public inspection. The report did not have anything unfavorable. Mr. Proto spoke of former Legislator Michael Lane speaking of dropping the sales tax on clothing and shoes at the Public Forum and asked if information could be provided regarding loss -of -revenue impact to the County and municipalities. Mr. Squires said he had researched files at the request of an Ithaca Journal reporter; a 2005 NYSAC study indicated that, based upon 2004, the impact would be a loss of $750,000 for the County and $350,000 to the City and sharing municipalities. Since that study was done because of increased opening of large chain stores locally there have been more opportunities for sales of this type as well as recapturing sales from surrounding counties. Mr. Stevenson inquired if there is any updated timeline regarding the deferred -compensation process. Mr. Squires said the new plan administrator has a ninety -day window to terminate the contract. December 19, 2007, would be the date for the completion of the transition. Educational sessions will occur in November and meetings with employee groups will take place the latter part of October. Withdrawal of Resolution(s) from the Agenda Chair Joseph granted the appropriate committee chair permission to withdraw the resolution from the agenda entitled Authorization to Enter into an Agreement with the Town of Lansing to Implement the Agricultural and Farmland Protection Implementation Grant and Co -Hold a Conservation Easement on the Bensvue Farm. Addition of Resolution(s) to the Agenda There were no additions to the agenda. A resolution was added later in the meeting during executive session. Report from the Facilities and Infrastructure Committee Ms. Kiefer, Vice Chair, reported the Committee has not met since the last Legislature Meeting. Report from the Personnel Committee Mr. Dennis, Chair, reported the Committee would meet on October 10th. Work is taking place to set up another retirement health insurance meeting, but no date has been set at this time. He reported that the County Administrator Search Committee met for the first time earlier in the day with fourteen of the fifteen members present. Report from the Government Operations Committee Mr. Stevenson, Chair, said the Committee has not met. He reported that the Administrative Manual Planning Team has been working on the process of how to review and amend the manual. One of the Government Operations Committee's goals is to have fifty percent of the manual updated by the end 2009. Mr. Stevenson said the Team has outreach strategies to communicate and receive feedback from departments. An additional report will be received in November and the team will be submitting a review to the policy specifying the process to amend policies. The next Committee meeting will take place on October 12th Report and Presentation of Resolution(s) from the Planning, Development, and Environmental Quality Committee 287 October 2, 2007 Ms. Robertson, Chair, reported the Committee has not met. The next meeting will be on October 18th. She reported the resolution withdrawn earlier in the meeting was due to the Town Attorney's absence at the Town meeting at the time of review of the State Environmental Quality Review (SEQR) paperwork. RESOLUTION NO. 190 - AUTHORIZATION TO ENTER INTO AN AGREEMENT WITH THE TOWN OF DRYDEN TO IMPLEMENT THE AGRICULTURAL AND FARMLAND PROTECTION IMPLEMENTATION GRANT AND CO - HOLD A CONSERVATION EASEMENT ON THE LEW-LIN FARM MOVED by Ms. Robertson, seconded by Mr. Proto, and unanimously adopted by voice vote by members present. WHEREAS, it is in the interest of Tompkins County and its residents to support farm operations and protect valuable agricultural resources for their contribution to the local economy, as a local source of food and other products, and as an important contributor to the quality of life in rural communities, and WHEREAS, the Town of Dryden, in partnership with Tompkins County, has been awarded a New York State Agricultural and Farmland Protection Implementation Grant for the purchase of development rights on the approximately 419 acres of Lewis and Linda Stuttle's Lew -Lin Farm in the Town of Dryden, New York, and WHEREAS, the farm is in the heart of an agricultural district and an area designated in the Tompkins County Comprehensive Plan and the Town of Dryden Comprehensive Plan as important to the region's agricultural base, and WHEREAS, the Tompkins County Agricultural and Farmland Protection Board endorsed the application to the New York State Department of Agriculture and Markets for grant funding for this project, and the New York State Department of Agriculture and Markets selected this farm for protection under the highly competitive Farmland Protection Implementation Grant program, and WHEREAS, if the project is unsuccessful and an easement is not acquired, New York State is not legally obligated to reimburse local partners for out-of-pocket expenses associated with the project for such items as survey, appraisal, and outside legal fees (though New York State Department of Agriculture and Markets staff has stated that efforts will be made to reimburse the costs), and WHEREAS, the Town of Dryden is Lead Agency under State Environmental Quality Review (SEQR) for this project and has conducted a SEQR review and determined that the proposed action will not result in any significant adverse environmental impacts, now therefore be it RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee, That Tompkins County concurs with the Town's negative determination of significance under SEQR for this project, RESOLVED, further, That the County Administrator be authorized to enter into an agreement with the Town of Dryden to implement the Project and to co -hold, maintain, and enforce an agricultural conservation easement on the Lew -Lin Farm in perpetuity, RESOLVED, further, That the agreement will include provisions for the Town and County to split the costs of any unreimbursed out-of-pocket expenses (not to exceed $12,500 each) in the event that the New York State Department of Agriculture and Markets does not fully reimburse those costs. SEQR ACTION: Unlisted (SEQR review has been completed by the Town of Dryden) Report from the Budget and Capital Committee Mr. Koplinka-Loehr, Chair, reported there have been a series of meetings of the Expanded Budget Committee, with the next taking place on October 4th to complete the presentation of materials from department heads. Starting on Tuesday, October 9th the voting meetings will begin. He asked that 288 October 2, 2007 Legislators notify himself, Legislature staff, or Ms. Jayne of any proposals so department heads may be informed and in attendance at the meetings. Ms. Kiefer spoke of the Public Forum held on October 1st, noting that she felt the presentation was too concise for the general public. She also suggested that future public forums not be held on the day residents receive school tax notices. Report from the Public Safety Committee Mrs. McBean-Clairborne, Chair, reported the Committee has not met. Report from the Workforce Diversity and Inclusion Committee Mrs. McBean-Clairborne, Chair, reported the Committee met on September 26th. At that time they were informed that Steve Estes, Deputy Personnel Commissioner, would be taking the position of Co -Chair of the Diversity Consortium in January 2008. The Committee heard information with regard to Diversitylnc., a company that provides recruitment advertisement in various forms. Following discussion, the Committee authorized $3,000 in funds to participate in a six-month pilot program. The Committee selected Inclusion through Diversity as the tagline to be utilized on stationary and online in conjunction with the County Diversity Policy. Mrs. McBean-Clairborne reported on Mr. Estes' report relating to the use of Project Assistants and the pay scales associated with the positions. She also said work is continuing on the draft Diversity Plan. The County will be working with five Tompkins Cortland Community College students on a production to highlight the Workforce Diversity and Inclusion Committee and its work for the County. Mrs. McBean-Clairborne spoke of her working with Ms. Younger, Deputy County Administrator, on the performance review process and asked Legislators to contact Ms. Younger to set up a brief appointment to discuss this topic. Report from the Health and Human Services Committee Mr. Shinagawa, Chair, reported the Committee would meet on October 3rd, just prior to the Shared Municipal Services Incentives (SMSI) group meeting. Mr. Shinagawa, as a member of SMSI they are moving ahead at a good pace, having put out a request for qualifications, reviewing and selecting one, and will be meeting with them tomorrow. The first phase is to determine the bylaws of the organization, structure, rules, etc., which will then require municipal approval. Mr. Whicher said Tompkins County is acting as the lead for Tompkins County Council of Governments. Mr. Shinagawa reported he has two interns assisting with the work completed by SMSI. Upon completion of the County's model, it will be shared at the State level to assist other counties to replicate the cooperative project. Approval of Minutes of September 18, 2007 It was MOVED by Ms. Robertson, seconded by Mr. Booth, and unanimously adopted by voice vote by members present, to approve the minutes of September 18, 2007, as corrected. MINUTES APPROVED. Discussion — Amendment to Resolution No. 139 of 2007 Mr. Proto expressed his desire to amend the action taken on August 7, 2007, noting that Resolution No. 139, Designating a Site for Construction of a Health Department Building, incorrectly indicates it is on recommendation of the Health Department Building Committee. The Committee had recommended the Biggs location and the resolution was amended on the floor of the Legislature. Mr. Wood indicated it would require amendment of the resolution. He ruled that the minutes correctly reflect 289 October 2, 2007 the action taken at that time and should not be amended. Mr. Joseph also agreed it would require amending the resolution and informed Mr. Proto that Mrs. Covert, Clerk of the Legislature, would assist in preparation a resolution. Mr. Hattery asked the status of the Health Department Building Committee in light of the resignation of Mr. Proto as Chairman. Mr. Joseph said the Health Department Building Committee was a site -selection Committee whose charge was to bring choices to the full Legislature, which is now completed. He will be creating a new committee with a different configuration; a building -construction committee that will deal with the construction and renovation of the building. Mr. Joseph explained that once a capital project is created and funded the appropriate department head has the authority to spend and execute the funds. He anticipates the creation of an advisory committee to Ed Marx, who will be given spending authority. With regard to the purchase agreement for 55 Brown Road, Mr. Joseph reported the contract is being negotiated; once this process is complete it would come forward to the Legislature via the Facilities and Infrastructure Committee. Recess Chair Joseph declared recess from 7:30 p.m. to 7:35 p.m. The following Legislators were excused from the meeting during this time: (Legislators Booth, Kiefer, Koplinka-Loehr, Robertson, and Shinagawa). Executive Session It was MOVED by Ms. Mackesey, seconded by Ms. Kiefer, and unanimously adopted by voice vote by members present, to enter into executive session 7:35p.m. to a personnel matter. The following action was taken: It was MOVED by Mr. Proto, seconded by Ms. Mackesey and unanimously adopted by voice vote by members present, to add the resolution entitled In Appreciation of County Historian, Carol Kammen, to the agenda: RESOLUTION NO. 191 - IN APPRECIATION OF COUNTY HISTORIAN, CAROL KAMMEN MOVED by Mr. Proto, and unanimously seconded, and adopted by voice vote by members present. RESOLUTION ADOPTED. WHEREAS, on May 6, 2000, Carol Kammen was appointed by the Tompkins County Legislature to the position of County Historian, and WHEREAS, Carol Kammen served as a senior lecturer at Cornell University where she taught local history, and has served as guest speaker and consultant to dozens of museums, historical societies, and humanities councils around the country, and WHEREAS, after writing articles for New York History magazine, Carol authored the books On Doing Local History: Reflections on What Local Historians Do, Why, and What It Means, and The Pursuit of Local History: Readings on Theory and Practice, and then co -edited the Encyclopedia of Local History, and WHEREAS, Carol Kammen also has written three books on Tompkins County history and has produced several historical dramas on local history for children, and WHEREAS, in 2004, The Regents of the University of the State of New York named Carol Kammen Public Historian of the Year, and WHEREAS, she received international recognition in the September 2007 edition of Local History Magazine, the United Kingdom's only independent national magazine for anyone with an interest in local history which saluted Carol Kammen for her contributions to local history preservation, and WHEREAS, to quote her peers, "For over twenty years Carol has interwoven the common threads of local history with skill and passion, whether writing about good practice, organization, comparative local history or a specific topic," and 290 October 2, 2007 WHEREAS, in September 2007, Carol Kammen received national recognition when The American Association for State and Local History presented her with its prestigious Award of Distinction at the Annual Leadership in History Awards ceremony, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the Tompkins County Legislature recognizes the many significant contributions that our County Historian Carol Kammen has made to preserve and improve the quality of life for the citizens of our County, RESOLVED, further, That the Tompkins County Legislature extends its sincere appreciation and best wishes to Carol, as we applaud her as our County Historian. SEQR ACTION: TYPE II -20 The meeting returned to open session at 7:36 p.m. Adjournment On motion the meeting adjourned at 7:36 p.m. 291 October 16, 2007 Regular Meeting Call to Order Mr. Joseph, Chair, called the meeting to order at 5:30 p.m. Pledge of Allegiance to the Flag and Roll Call of Members Members and guests participated in the Pledge of Allegiance to the Flag. Present: 14 Legislators (Legislator McBean-Clairborne arrived at 5:45 p.m.; Legislator Hattery arrived at 5:56 p.m.). Excused: 1 (Legislator Herrera). Presentation of Proclamation(s) Mr. Joseph read a proclamation declaring 2007 Youth Services Year in Tompkins County and presented it to Nancy Zahler, Youth Services Director. Ms. Zahler thanked the Legislature and invited them to the 30th Anniversary celebration taking place on November 1st from 7:00 p.m. to 9:00 p.m. Privilege of the Floor by the Public No one wished to speak. Privilege of the Floor by Legislators Mr. Dennis, District No. 15 Legislator, reported the United Way Campaign would be kicking off in several days. He hoped that people would be able to donate and spoke of the ability to choose the organization the funds would go to if desired. Mr. Dennis said many of the individuals the Legislature represents utilize the many services supported by the United Way. Presentation of Youth Award Mr. Randall, District No. 9 Legislator, presented the October 2007 Distinguished Youth Award to Justina Conner, a Groton High School senior. He noted Ms. Conner's many activities, which included: Co -President of Tompkins County Future Farmers of America (FFA), Vice President of the Senior Class, President of Honor Society and Outing Club, Student Council Treasurer, a member of the Science Club, and Captain of the Varsity Soccer Team. In addition, she is organizing through the National Honor Society a blood drive for mid-November, is coordinating a T -S -T New Visions FFA adopt -a -highway program, and serves as a student mentor to upcoming freshman. Ms. Conner thanked her nominator and the Legislature for the recognition. Privilege of the Floor for Legislators — Continued Ms. Mackesey, District No. 1 Legislator, reported there would be a meeting regarding the garbage truck transport problem on October 25th at 6 p.m. at the Aurora Inn, Aurora, New York. Elected officials from the State Senate and Assembly as well as a representative of Senator Schumer's office will be present. She recommended anyone interested in this important topic should attend. Mr. Proto, District No. 7 Legislator, announced that on October 25th the Farm Bureau would be holding its annual dinner at the Lehigh Valley House. He also announced that on October 20th the oldest apple festival in the county would be held in Brooktondale. Mr. Proto reminded individuals that Election Day will occur prior to the next Legislature meeting and encouraged individuals to vote as many towns 292 October 16, 2007 have important elections. He announced the 2007 Veterans Day Parade will take place on November 4th this year and invited Legislators to participate in the event. Ms. Robertson, District No. 13 Legislator, reported that in early November there would be a showing of a locally -made movie entitled The Jungle 's Edge, at the Tompkins County Public Library. She also reminded individuals who may be out of town for the election to obtain an absentee ballot. Mrs. McBean-Clairborne arrived at this time. Mr. Stevenson, District No. 8 Legislator, provided a reminder that on October 27th at 1:00 p.m. Meadowgate Equine Rescue, a non-profit equine rescue farm in Newfield, will be having a Fall Round -up fund raiser with the proceeds to go to the rescue service and Ponderosa Pals Youth Program. Mr. Shinagawa, District No. 4 Legislator, announced there would be a Senior Citizen Fair and public hearing at Titus Towers on October 25th from 9:30 a.m. to 1:00 p.m. At noon a lunch will be provided by Foodnet. Mrs. McBean-Clairborne, District No. 2 Legislator, spoke of the misconception of events concerning Ithaca High School students, noting the reported countdown to violence was in fact a countdown to a forum to discuss the present problems at the high school. She spoke of the need for equity within the school district and that the youth were organizing and mobilizing in a respectful manner to resolve the issues. Mrs. McBean-Clairborne feels a sense of obligation to publicly make note of the reporting error to allow the public to hear that the youth are acting in a peaceful manner. She asked that the school district officials please listen to the youth's concerns. Mr. Joseph, District No. 12 Legislator, also spoke of the current events at the Ithaca High School and said he has been involved in issues of inequality and racism in the school for many years. He said during that time many adults brought the issues to public attention but received little action. Mr. Joseph is proud of the students who took the initiative to stand up and say it isn't right and that they demand a change. He feels that the students have captured the community's attention in a manner that adults have not been able to and expressed his support for what they did. Mr. Proto asked if the Legislature would be discussing Governor Spitzer's recent proposal to allow illegal aliens the right to obtain a New York State driver's license. Mr. Stevenson, Chair of Government Operations Committee, indicated that there might be one member of the Committee that will bring a resolution forward in November. He will provide a brief report of the discussion occurring at the Committee meeting during his report. Chair's Report Chair Joseph said the recently dissolved Health Department Building Committee was charged to bring to the Legislature a set of location choices for a new Health Department building; with the work culminating in a decision by the Legislature to select the Brown Road site. He said now it is time to proceed to the design and construction work of renovating that building. Mr. Joseph spoke of it being County staff responsibility to carry out the project now that the Legislature authorized and funded the capital project. To facilitate this work Mr. Joseph announced he is appointing a construction committee to provide guidance and advice in design and construction. The committee will be made up of stakeholders including Legislators, departmental managers, Health Department staff, and Public Works staff who will be responsible for the overseeing construction and maintenance. 293 October 16, 2007 Mr. Joseph said the committee will take part in the selection of a design team and will continue that work to ensure that the building meets the needs of the programs, staff, and public who will use the building. He stated the committee will work within the adopted administrative policies regarding space standards, and within the budget established by the capital program. The committee will also ensure that the building is both energy and cost efficient, and is in accordance with the County's commitment to sound health and environmental standards. All members of the committee will be voting members, although it is anticipated that most decisions will be the result of building consensus among the committee members. Mr. Joseph said the committee is not a special committee of the legislature, therefore any legislative actions that are needed will be brought to the Facilities and Infrastructure Committee on recommendation of the Construction Committee and the responsible staff. The members of the committee shall be as follows: Ed Marx, Chair, Commissioner of Planning and Public Works) Arel LeMaro, Facilities Director Cinde Schulte, Health Department Staff Katie Prince — Health Department Staff Alice Cole, Public Health Director Sigrid Connors — Health Department Staff Duane Randall, Legislator Jim Dennis, Legislator Dooley Kiefer, Legislator Mr. Hattery arrived at this time. Chair's Appointment Mr. Joseph made the following appointment: Workforce Investment Board Ellen O'Donnell — Education — term to expire June 30, 2010 Presentation — Emergency Management Strategic Group The Legislature was provided with a PowerPoint presentation outlining the coordination and work of the Emergency Response Department, the Emergency Management Planning Group, and the Emergency Management Strategic Group. Mr. Shurtleff, Emergency Response Director, provided a brief overview of the three groups, primarily the everyday role of the department, the development of coordinated plans with county and outside agencies in the event of an emergency, and the development of an internal workforce comprehensive emergency management plan to make sure the government can operate. Additional details of each of the Management Groups were provided by Ms. Nelson, Public Works Administrator, and Ms. Martel Moore, Deputy County Administrator. Following the presentation, Mr. Proto asked about the records management portion noting that often in an emergency situation it is necessary to produce records in order to obtain funding from the Federal Emergency Management Agency (FEMA) or the State Emergency Management Office (SEMO). Ms. Martel More said that topic is under consideration by the groups, however, the first priority is to have each department's information backed up. She spoke of the need to have hard -copy documents duplicated and stored. In response to a question by Mr. Proto concerning non -County employees being included in the process while being utilized during an emergency, Ms. Martel Moore said the issue is being discussed by 294 October 16, 2007 the Emergency Management Planning Group. Mr. Proto also asked if plans are being made for farm animals during emergency situations. Mr. Shurtleff said this topic is being addressed at a meeting that is taking place in Lake Placid with an ad hoc group from Caroline making itself available in a disaster. Mr. Shurtleff reported that a recent change from Homeland Security has assigned responsibility for persons with special needs to counties. He explained that as a result of individuals not wanting to evacuate during emergencies, service animals is also a county responsibility and will be mandated under the local emergency management planning guide program. Mr. Shurtleff also noted that the County would most likely have to work with agencies such as the SPCA in the event of an emergency. Ms. Martel Moore spoke of her experience having to educate many different businesses about the rights of individuals with service animals. Ms. Robertson inquired whether various non-profit agencies throughout the County are being included in the planning and referenced the series of meeting held soon after Hurricane Katrina to coordinate the community's response. Ms. Nelson said every effort is being made to be certain that everyone that could be involved in an emergency situation would be included. The present work is the preliminary planning and it is anticipated that everyone who could be involved will be meeting during 2008. Ms. Martel Moore noted discussions are already occurring regarding the transportation aspect during an emergency. Mr. Stevenson asked how public defibrillators would fit into the planning. Mr. Whicher noted that a committee had been created to review this issue and has not yet reached a point to report on progress. Mr. Stevenson said it is a topic that would fit well into the efforts discussed. He then asked if the potential utilization of County employees during an emergency is being addressed during the labor negotiations with unions. He was informed that the County is emphasizing their desire to have County employees participate as needed during emergencies. Ms. Martel Moore said Ms. Kippola is on the defibrillator committee and has spoken intensely about how they would fit into the emergency. Mr. Stevenson noted he has requested that the Sheriff's Department design an identification card specific to members of the Legislature. Mr. Booth noted emergency planning is focusing on emergencies taking place within the County, but often they are elsewhere with people having to quickly move outside of an emergency area. He inquired whether this possibility is being explored and identifying beds for people if necessary. Mr. Shurtleff said the planning will factor in human needs; with regard to beds, he said this is further along than in the past and there has been some involvement from nursing homes, school districts, educational facilities, etc. Mr. Proto asked if the university and colleges would be treated as a separate population. Mr. Shurtleff said the colleges have moved to examine on -campus plans, particularly in light of the on - campus shootings taking place at Virginia Tech. Their reviews include members of local government and they are basing plans on various scenarios that include remaining on-site, sending students home, etc. Mr. Hattery asked what determines a County -level emergency. Mr. Shurtleff explained it is determined by the different levels and need for resources, when the need is beyond what a local department or mutual aid provider can do it becomes a County -level responsibility. If it is beyond the County's ability it would require the Chair of the Legislature to seek State or Federal assistance. Report from the County Administrator Mr. Whicher spoke of the presentation, noting he likes the approach the staff and State have taken to carefully determine policies, unlike when there were nuclear threats many years ago. He reported that the Tompkins County Council of Governments has met with the SPCA to discuss contract negotiations. It appears that the financial burden appears genuine and another negotiation meeting will occur next week. Mr. Whicher reported as a follow-up to the previous report regarding the State Wide Network, a phone meeting occurred and he expects that within the next two weeks staff will come to Tompkins 295 October 16, 2007 County to look at the sites. He believes that following the discussions there is a better understanding of what Tompkins County would like as an agreement and that a negotiated contract which appears to be within the County's budget, would be signed before the end of the year and that the State would begin paying by no later than January 1, 2009. Report from the County Attorney Mr. Wood did not have a report. Report from the Finance Director Mr. Squires reported on a meeting held between the Cortland County Administrator, Tompkins County Administrator Steve Whicher and himself regarding the Tompkins Cortland Community College Master Plan. As a result of the meeting it was determined there would be no more additional difficulties in funding in the upcoming years. Mr. Squires reported he expects to borrow $2.5 million as approved in the bonding resolution in the first week of January as well as the bonding for the Health Department building. He spoke of the revenue anticipation note that came due last week, stating that the funds held in savings earned more interest than the interest due on the note. Withdrawal of Resolution(s) from the Agenda No resolutions were withdrawn from the agenda. Addition of Resolution(s) to the Agenda No resolutions were added to the agenda. Approval of Resolution(s) Under the Consent Agenda It was MOVED by Mr. Sigler, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, to approve the following resolution(s) under the Consent Agenda: RESOLUTION NO. 192 - APPOINTMENT OF ELECTION COMMISSIONER FOR 2008-2009 MOVED by Mr. Sigler, seconded by Mr. Proto, and unanimously adopted by members present under the Consent Agenda. WHEREAS, Election Commissioner Elizabeth W. Cree's term is due to expire December 31, 2007, and WHEREAS, the Tompkins County Republican Committee, at its September 29, 2007, 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, 2008, and ending December 31, 2009. SEQR ACTION: TYPE II -20 RESOLUTION NO. 193 - RETURNED VILLAGE TAXES MOVED by Mr. Sigler, seconded by Mr. Proto, and unanimously adopted by members present under the Consent Agenda. 296 October 16, 2007 WHEREAS Article 14 of the Real Property Tax Law authorizes village tax collectors to return to the County Treasurer a listing of unpaid taxes for enforcement, and WHEREAS the Villages of Cayuga Heights, Dryden, Freeville, Groton, Lansing, and Trumansburg are authorized to submit their unpaid taxes to the County for enforcement, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the Director of Assessment of the County be and hereby is authorized and directed to add to the respective 2008 tax rolls the amount of the uncollected village taxes that remain unpaid and that have not been heretofore relevied on town tax rolls and that have been returned by the village tax collectors of the various villages to the County Finance Director, and that said returned village taxes be reassessed and relevied on town tax rolls as they are returned, and that said returned village taxes be reassessed and relevied upon the lots and parcels so returned with 12.0 percent annual interest in addition thereto. SEQR ACTION: TYPE II -20 RESOLUTION NO. 194 - RETURNED SCHOOL TAXES MOVED by Mr. Sigler, seconded by Mr. Proto, and unanimously adopted by members present under the Consent Agenda. WHEREAS Article 13 of the Real Property Tax Law authorizes school district tax collectors to submit by November 15th a listing of unpaid taxes to the County Treasurer for enforcement, and WHEREAS the County guarantees the school districts payment of the unpaid taxes by April 1 of the year following the return, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the Director of Assessment of the County be and hereby is authorized and directed to add to the respective 2008 tax rolls the amount of the uncollected school taxes that remain unpaid and that have not been heretofore relevied on town tax rolls and that have been returned by the collectors of the various districts, exclusive of the Ithaca City School District, to the County Finance Director, and that said returned school taxes be reassessed and relevied on town tax rolls as they are returned, and that said school taxes returned in 2007 be reassessed and relevied upon the lots and parcels so returned with 12.0 percent annual interest in addition thereto. SEQR ACTION: TYPE II -20 RESOLUTION NO. 195 - ADOPTION OF APPORTIONMENT OF TAXES FOR 2008 MOVED by Mr. Sigler, seconded by Mr. Proto, and unanimously adopted by members present under the Consent Agenda. WHEREAS, the report of equalization rates and totals (footings) of assessment rolls has been prepared and approved by the Assessment Director, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the report of the Director of Assessment be accepted and adopted, and the valuation of real property and franchise be based on the 2008 final assessed values for the purposes of general tax levied against the several tax districts of the County and that the values determined therein be set forth as the basis for such general and highway tax levies for the year 2008, RESOLVED, further, That the several amounts therein listed for State tax and County tax for general County purposes for 2007 be assessed against, levied upon, and collected from taxable property of the several towns and City liable therefore. SEQR ACTION: TYPE II -20 297 October 16, 2007 Report from the Facilities and Infrastructure Committee Ms. Kiefer, Vice Chair, reported the Committee has not met since the last Legislature Meeting. The next meeting is October 23, 2007. Report and Presentation of Resolution(s) from the Personnel Committee RESOLUTION NO. 196 - RESTRUCTURING OF THE INTERNSHIP PROGRAM AND CREATION OF A LIVING WAGE FOR PROJECT ASSISTANTS MOVED by Mr. Dennis, seconded by Ms. Robertson. A voice vote by members present resulted as follows: Ayes — 9 (Legislators Dennis, Joseph, Kiefer, Koplinka-Loehr, Mackesey, McBean- Clairborne, Robertson, Sigler, and Shinagawa); Noes — 5 (Legislators Booth, Hattery, Proto, Randall, and Stevenson); Excused — 1 (Legislator Herrera). RESOLUTION ADOPTED. WHEREAS, the Tompkins County Legislature, by Resolution No. 125, of June 6, 2000, approved the creation of an Internship Program to give eligible internship candidates an opportunity to provide meaningful, challenging, hands-on, in-depth work experience at a rate of pay from $7.00 to $10.00 per hour with no fringe benefits, and Resolution No. 254, dated November 21, 2000, increased the maximum rate of pay to $15.00 per hour, and increased the hours of all positions to 40 per week, and WHEREAS, the Internship Program continues to be a successful cost-effective method of meeting the goal of providing meaningful, challenging, hand -on, in-depth work experience for candidates who are college students (who are not otherwise eligible for full payment through any other work-study program), high school students, or any other person who is unemployed or underemployed, and WHEREAS, this program continues to provide another avenue to diversify the workforce and enhance and broaden the opportunities for County Departments to utilize the knowledge, skills, and abilities of eligible candidates to provide a valuable service to the taxpayer, and WHEREAS, according to the Alternatives Federal Credit Union (AFCU), a living wage is defined as the amount of income and resources (such as health insurance) needed for an individual to meet his/her basic needs without public or private assistance, and Tompkins County is fully in support of the concept of paying a living wage to all of its employees, and WHEREAS, according to a study done in 2006 by the AFCU, the 2007 living wage for a single individual who has no children but does have health insurance is at least $9.83 per hour for a 40 -hour workweek and that a single individual with no children or health insurance needs at least $11.18 per hour (the $1.35 per hour difference being what it would cost the individual to purchase insurance through Healthy New York) in order to maintain himself or herself without public or private assistance, and WHEREAS, it would be more efficient and cost effective for individual departments to create and manage their own positions, distribute, gather and process their own timecards, and not have to perform manual budget adjustments to reconcile accounts, and WHEREAS, it is imperative that the Commissioner of Personnel maintain control over the recruitment and placement of interns in order to ensure that the program continues to meet the goals outlined in paragraphs two and three above, now therefore be it RESOLVED, on recommendation of the Personnel Committee, That the internship program shall continue indefinitely, RESOLVED, further, That Project Assistant positions (76/049) shall have a standard work -week of up to 40 hours, with no benefits, and up to a maximum eighteen -month duration, RESOLVED, further, That each department may create, upon Legislative approval, a sufficient number of Project Assistant positions (76/049) to address individual departmental needs, that these positions shall be funded from the budget of the creating department, and that the Commissioner of Personnel will maintain involvement and oversight with regard to recruitment and placement, RESOLVED, further, That departments may offer a livable wage to Project Assistant employees anywhere from $11.18 per hour to $17.00 per hour, with no fringe benefits, RESOLVED, further, That no additional funding is required. 298 SEQR ACTION: TYPE II -20 October 16, 2007 Mr. Dennis, Chair, reported there have been negotiation sessions with both the blue-collar and white-collar groups. In addition, a meeting was held with the County health insurance provider who gave a presentation to the CSEA union, County staff, and Legislators. The presentation included a utilization report for both the medical and drug portions of coverage that showed interesting facts. Mr. Dennis said the date has not yet been set for continued discussions on retiree health insurance coverage. Mr. Proto expressed a desire to be able to discuss Resolution No. 196 - Restructuring of the Internship Program and Creation of a Living Wage for Project Assistants; Mr. Joseph opened the floor as the majority of members were in agreement to have a discussion. Mr. Hattery spoke of his concern regarding the language contained within the resolution, specifically, that it could prohibit students doing work without compensation. Mr. Dennis said that students working in the position of Project Assistant would be paid the agreed upon rate; however it would not eliminate the ability for an intern to volunteer free of charge. Mrs. McBean-Clairborne did not believe the resolution would disallow a student working without compensation. She also wished to clarify that her lack of support at the Committee level was due to her desire to maintain the high-end compensation level at $20 rather than the $17 that was approved. Mr. Proto asked if the project assistant internship program could be revisited at a later date and was informed it was possible. Chair Joseph inquired if anyone voting in support of the resolution wished to reconsider; there was no one wishing to reconsider. Report from the Government Operations Committee Mr. Stevenson, Chair, said the Committee met on October 12th and heard from the Assessment Department regarding the senior/disabled exemption being offered. He said Ms. Steiner, Library Director, also provided information about the selection process followed for the Library Board of Trustees. Mr. Stevenson said the Committee held a brief discussion regarding the Governor's directive regarding illegal alien driver's licenses, with Ms. Valenti, County Clerk, providing her perspective on the situation. The Committee will meet next on November 9th Report from the Planning, Development, and Environmental Quality Committee Ms. Robertson, Chair, reported the Committee has not met. The next meeting will be October 18th. Report from the Budget and Capital Committee Mr. Koplinka-Loehr, Chair, reported there have been several meetings of the Expanded Budget Committee since the last Legislature meeting. At this time they have transitioned from information meetings to voting meetings. The next meeting will take place on October 17th Report from the Public Safety Committee Mrs. McBean-Clairborne, Chair, reported the Committee has not met, the next meeting is October 19th Report from the Workforce Diversity and Inclusion Committee 299 October 16, 2007 Mrs. McBean-Clairborne, Chair, reported the Committee has not met. The next meeting will be in November. Report and Presentation of Resolution(s) from the Health and Human Services Committee Mr. Shinagawa, Chair, reported the Committee met on October 3rd, at which time Ms. Cole, Public Health Director, read a statement with regard to the selection of the Brown Road location for the new Health Department building. In addition, the Committee received a report on the Youth Homeless Survey, as well as hearing from Department of Social Services Commissioner Carey and Sheriff Meskill on the Re -Entry program developed to assist released inmates. RESOLUTION NO. 197 — APPROPRIATION FROM CONTINGENT FUND — TERMINAL -PAY REIMBURSEMENT — HEALTH DEPARTMENT MOVED by Mr. Shinagawa, seconded by Mr. Booth. A short roll call vote resulted as follows: Ayes — 14, Noes — 0, Excused — 1 (Legislator Herrera). RESOLUTION ADOPTED. WHEREAS, the Health Department had a Senior Clerk retire effective August 11, 2007, and WHEREAS, the Fiscal Policy of Tompkins County allows for terminal -pay reimbursement 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 $ 1,631 TO: A4016.51000518 Senior Clerk $ 1,173 A4016.58800 Fringes $ 458 SEQR ACTION: TYPE II -20 Individual Member -Filed Resolution RESOLUTION NO. 198 — AMENDMENT OF RESOLUTION NO. 139 OF 2007 — DESIGNATING A SITE FOR CONSTRUCTION OF A HEALTH DEPARTMENT BUILDING MOVED by Mr. Proto, seconded by Mr. Hattery. Mr. Booth requested a ruling from Mr. Wood, County Attorney, that by passing the resolution it does not change the results of Resolution 139 of 2007, specifically the determination of location. Mr. Wood ruled that this amendment would not change the result, it would simply provide more clarification of the action taken at that time. A voice vote resulted as follows: Ayes — 14, Noes — 0, Excused — 1 (Legislator Herrera). RESOLUTION ADOPTED. WHEREAS, Resolution No. 139 of 2007 authorized the County Administrator to complete an evaluation of and negotiate the purchase agreement for 55 Brown Road on the recommendation of the Health Department Building Committee, and WHEREAS, the Health Department Building Committee did not recommend 55 Brown Road as the preferred site but rather erecting a new building across from the existing Health Department/Biggs Building on Harris B. Dates Drive, which recommendation was amended by the full Legislature, and WHEREAS, it is desirable to have the record of the County Legislature's actions be as accurate as possible, now therefore be it RESOLVED, That Resolution No. 139 of 2007 be amended by removing the following language in the first Resolved: "on recommendation of the Health Department Building Committee". 300 October 16, 2007 SEQR ACTION: TYPE II -20 Approval of Minutes of October 2, 2007 It was MOVED by Ms. Robertson, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present, to approve the minutes of October 2, 2007. MINUTES APPROVED. Adjournment On motion the meeting adjourned at 7:10 p.m. 301 November 7, 2007 Regular Meeting Call to Order Mr. Joseph, Chair, 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: 12 Legislators. Excused: 2 (Legislators Randall and Sigler); Vacant — 1 (District No. 3 — City of Ithaca). Privilege of the Floor by the Public George Schuler, Family and Children's Services Board Member, spoke in favor of the resolution regarding the issuance of bonds by the Tompkins County Industrial Development Agency of up to $4,500,000 principal amount Civic Facility Revenue Bonds, which would be no cost to the County. He said approval will allow the agency to purchase the Greenstate Building on State Street, thus allowing the agency to house the many programs under one roof. Mr. Schuler spoke of how the agency will then sell the property located in the west end of the City and put it back on the tax rolls; however, it is not yet certain what will be done with the Cayuga Street property. Michael Lane, Dryden resident and former Legislator, spoke of his disappointment in not being able to hear parting words from newly resigned Legislator Richard Booth, who took a position as an Adirondack Park Agency Commissioner. Mr. Lane spoke of his having the privilege of serving with Mr. Booth and how much he appreciated his collegiality, words, and work on various Committees. Mr. Lane said that although Mr. Booth liked to speak his mind and serious thoughts on budget issues, though at times an unpopular stance, he was a person of courage. Mr. Lane enjoyed Mr. Booth's prepared statements and appreciated his being a part of the Tompkins County community, City Council, and County Legislature and will miss his service. He is proud that someone from the County ascended to the position Mr. Booth has been appointed to. Privilege of the Floor by Legislators Mr. Proto, District No. 7 Legislator, expressed appreciation to the attendees of the Veteran's Day Parade held on November 4th. He reported there will be a ceremony on Sunday, November 11th at 2:00 p.m. in DeWitt Park and invited members to attend. Mr. Proto spoke of Senator Nozzolio's spearheaded effort to create a Veteran's Cemetery at Sampson Park that was approved by the Governor, noting that the original plan to dedicate the land on Veteran's Day is to be postponed due to local municipalities delay in approving necessary resolutions. When this requirement is complete he will provide information on the actual dedication. Mr. Proto spoke of New York State Electric and Gas (NYSEG) Corporation's recent enclosure regarding "Voice Your Choice", noting it does not provide a telephone number to obtain information needed. He said there is a website provided, however, not all customers have a computer. He will be contacting New York State Electric and Gas to address what he hopes is simply an oversight. Ms. Robertson, District No. 13 Legislator, spoke of the elections, congratulating the candidates and thanking the volunteers, staff, and others involved. She said that all those participating in the elections were winners and wished them luck. Ms. Mackesey, District No. 1 Legislator, reported on the meeting held in Aurora in October regarding trucks hauling garbage across municipal roads. She said State Senators and Assemblymen were present at the meeting as well as many communities in the Finger Lakes region who are concerned about the increased numbers of trucks traveling within local communities. Ms. Mackesey referred to the recent 302 November 7, 2007 article in the newspaper that spoke of Senator Schumer's discussions with New York City regarding their garbage haulers, who make up approximately one-third of the trucks passing through our region. She said it is an issue that remains and attempts are being made to garner support from the State representatives. Mr. Joseph spoke of having received a letter from Senator Winner stating the Senate has passed legislation requiring that trucks carrying hazardous cargo, which includes solid waste, to stay on interstates as much as possible. It was sponsored by Senators Winner and Nozzolio as well as others, and has now been sent to the Assembly. Presentation of Resolution(s) from the Planning, Development, and Environmental Quality Committee RESOLUTION NO. 199 - THE TOMPKINS COUNTY LEGISLATURE, AS THE ELECTED LEGISLATIVE BODY OF TOMPKINS COUNTY, NEW YORK, IN ACCORDANCE WITH SECTION 147(F) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED (THE "CODE"), APPROVING THE ISSUANCE BY THE TOMPKINS COUNTY INDUSTRIAL DEVELOPMENT AGENCY OF UP TO $4,500,000 PRINCIPAL AMOUNT CIVIC FACILITY REVENUE BONDS (FAMILY AND CHILDREN'S SERVICE OF ITHACA PROJECT), SERIES 2007 MOVED by Ms. Robertson, seconded by Mr. Hattery. Ms. Robertson spoke of the need to move quickly on the bonding issuance as the Civic Facility legislation is due to sunset in January 2008 and it does not appear it would be extended. This project would fit under the existing law and it is hoped to accomplish the closing in time to get things in order. Ms. Kiefer requested clarification regarding the language "leasehold", since she understood it was Family and Children's Services intention to purchase, not lease, the property. Mr. Russell Gaenzle, Industrial Development Agency (IDA) bond attorney from Harris Beach Bond Council, Rochester, New York, explained the IDA as a conduit -Issuer obtains either title to or a leasehold interest in the property financed with the bond. Under the State Constitution the IDA may not loan money; as a conduit -Issuer, the IDA holds title to, or a leasehold interest in the property and then leases or sells the property back to the borrower, with the rental or purchase payments equal to the debt service. Mr. Gaenzle explained the resolution being acted upon is under the Internal Revenue Code authorizing IDA to issue the bonds; the project description is simply additional information. A roll call vote resulted as follows: Ayes — 11; Noes — 1 (Legislator Kiefer); Excused — 2 (Legislators Randall and Sigler); Vacant - 1 (District No. 3). 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 Family and Children's Service of Ithaca, a New York not-for-profit corporation (the "Company") and an organization described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the "Code"), the Issuer proposes to issue, contingent upon the adoption of this Resolution, its Civic Facility Revenue Bonds (Family and Children's Service of Ithaca Project), Series 2007, in an aggregate principal amount not to exceed $4,500,000 (the "Bonds"), and WHEREAS, the project (the "Project") shall consist of (A)(i) the acquisition by the Issuer of a leasehold or other interest in an approximately .44 -acre parcel of land located near the intersection of 127 West State Street and 124 West Green Street in the City of Ithaca, New York (the "Land") and the existing improvements located thereon, consisting principally of an approximately 21,639 square -foot Class A office building (the "Existing Improvements"), and (ii) the renovation, upgrading and equipping of the Existing Improvements for the purpose of consolidating all operations of the Company including, but not limited to, children's mental health programs, business offices, and record storage/training room/maintenance work space, into a single facility (the "Improvements"); (B) the acquisition and 303 November 7, 2007 installation in and around the Improvements of certain items of machinery, equipment, fixtures, and other tangible personal property (the "Equipment" and, together with the Land, the Existing Improvements, and the Improvements, the "Facility"); (C) paying certain costs incidental to the issuance of the Bonds (the costs associated with (A) through (C) above hereinafter referred to as "Project Costs"); and (D) the sale or lease of the Facility financed with the Bonds from the Issuer to the Company, and WHEREAS, the Issuer proposes to assist in the financing of the Project by issuing the Bonds to (i) pay all or a substantial portion of the cost of financing the Project, and (ii) pay reserves and costs incidental to the issuance of the Bonds, and WHEREAS, 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 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, on October 15, 2007, the Issuer held such a public hearing upon proper notice in compliance with the Code, and WHEREAS, to aid the Legislature in its deliberations, the Issuer has made available to the members of the Legislature prior to this meeting (a) the Company's application to the Issuer for financial assistance; (b) the notice of public hearing published by the Issuer in The Ithaca Journal, along with the affidavit of publication of such newspaper; and (c) the minutes of such public hearing held on October 15, 2007, and WHEREAS, the Project constitutes a "Type II" action under the New York State Environmental Quality Review Act, Article 8 of the Environmental Conservation Law and the regulations adopted thereto at 6 N.Y.C.R.R. §617 (hereinafter collectively referred to as "SEQR"), and WHEREAS, the Legislature, after due consideration of the foregoing, as the "applicable elected representative" of Tompkins County, New York, within the meaning of Section 147(0(2)(E) of the Code, desires to approve the issuance of the Bonds, provided the principal, premium, if any, and interest on the Bonds shall be special obligations of the Issuer and shall never be a debt of the State of New York (the "State") or any political subdivision thereof, including without limitation the County, and neither the State nor any political subdivision thereof, including without limitation the County, shall be liable thereon, now therefore be it RESOLVED, by the County Legislature of Tompkins County That: Section 1. For the purpose of satisfying the approval requirement of Section 147(0 of the Code, on the recommendation of the Tompkins County Planning, Development, and Environmental Quality Committee, the Legislature hereby gives its approval of the issuance by the Issuer of its Bonds and related acts to be taken by the Issuer as part of the Project, provided that the Bonds, and the premium (if any) and interest thereon, shall be special obligations of the Issuer and shall never be a debt of the State or any political subdivision thereof, including without limitation Tompkins County, and neither the State nor any political subdivision thereof, including without limitation Tompkins County, shall be liable thereon. This approval is given pursuant to Section 147(0 of the Code for the sole purpose of qualifying the interest payable on the Bonds for exclusion from gross income for Federal income tax purposes pursuant to the provisions of Sections 103 and 141-150 of the Code. Section 2. This Resolution shall be deemed to be made for the benefit of the holders of the Bonds. Section 3. This Resolution shall take effect immediately. SEQR ACTION: TYPE II -20 Presentation of Resolution(s) from the Government Operations Committee RESOLUTION NO. 200 - SETTING THE INCOME LIMITS FOR PERSONS WITH DISABILITIES AND LIMITED INCOMES AND PERSONS SIXTY-FIVE YEARS OF AGE OR OLDER REAL PROPERTY TAX EXEMPTION 304 November 7, 2007 MOVED by Mr. Stevenson, seconded by Mr. Dennis. Mr. Proto inquired whether a schedule is associated with the resolution. Mr. Wood, County Attorney, explained that there are two separate schedules, one for Persons with Disabilities and Limited Incomes, and one for Persons Sixty -Five Years of Age or Older. Mr. Franklin, Assessment Department, noted the new schedules would become effective with the next assessment roll in 2008 and utilized as the basis for 2009 exemptions. Ms. Kiefer said she did not support the resolution at Committee and would not at this time; she does not believe it is necessary to raise the maximum income simply to track with the State recommendation and would like it to be reviewed and revised periodically, as was past practice. A voice vote on the motion resulted as follows: Ayes — 10; Noes — 2 (Legislators Kiefer and Koplinka-Loehr); Excused — 2 (Legislators Randall and Sigler); Vacant - 1 (District No. 3). WHEREAS, the County Legislature desires to increase the income limits for the Persons with Disabilities and Limited Incomes Real Property Tax Exemption, and WHEREAS, the County Legislature desires to increase the income limits for the Persons Sixty - Five Years of Age or Older Real Property Tax Exemption, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That M as used in County Code Sections 150-2(A) and 150-38(A) shall be set at $27,000. SEQR ACTION: TYPE II -20 Chair's Report Mr. Joseph reported he received notification from Tompkins Consolidated Area Transit that three seats on their Board will expire at the end of the year, with one seat being considered by a recommendation of the Legislature. He said this seat was held by Mr. Booth. Mr. Joseph said he will refer the matter to the Planning, Development, and Environmental Quality Committee to make a recommendation. Mr. Joseph then reported there would be an International Council of Local Environmental Initiatives (ICLEI) Conference on November 29th in Connecticut regarding sustainability. As Tompkins County is a member there are two free registrations available which include an overnight stay. Any Legislator who has an interest in attending should speak to him. Mr. Joseph reported having attended a Chamber of Commerce meeting sponsored by Connect Ithaca, a sustainability effort. At the meeting the topic of a pod cars system (personal rapid transit) was discussed. The system utilizes raised rails, with each pod holding four people, and is designed to allow the cars to transport individuals to direct stops (with side rails for destination areas). This system is presently under discussion in Sweden. A company making the systems is seeking to undertake a demonstration project in the United States and is offering to build a loop without cost to utilize as a sample system. Connect Ithaca is interested in having the demonstration loop built within our community. He said interested individuals could contact Christer Lindstrom, who will be speaking at a Marketing for Sustainable Future symposium at Cornell University. Mr. Joseph said he anticipates Connect Ithaca will provide a presentation of this system at a future date. Mr. Joseph said he would be attending a public hearing on The Partnership for Coverage in Syracuse November 13th, as part of the Governor's Task Force for Health Care regarding Universal Health Coverage, to speak in support of a single -payer system. Mr. Proto asked that Mr. Joseph speak on his behalf rather than the full Legislature, and Mr. Joseph indicated he represents only himself when publicly speaking at this type of event. Mr. Proto then spoke of Tompkins Consolidated Area Transit (TCAT) only having two meetings remaining this year, one of which will be November 8th, and the other early December, which will not provide adequate time to deliberate at the Planning, Development, and Environmental Quality Committee and have an individual fill the remainder of the board seat vacated by Mr. Booth. He asked if it would be appropriate to have Ms. Mackesey vacate the City representative seat 305 November 7, 2007 and move to the County representative seat for the remainder of the year. Ms. Robertson said she believes it would be a positive recommendation to do so. Mr. Proto clarified it is not an appointment but a recommendation to the TCAT Board as they are now a 501c entity. Mr. Joseph noted that for any appointment to be made it requires a resolution, which has to be on the agenda in advance, unless a motion is made to suspend the rules while considering the addition of a resolution for the TCAT appointment. It was MOVED by Mr. Proto, seconded by Ms. Herrera, to suspend the rules to consider the addition of a resolution to make an appointment to the TCAT board. A voice vote on the motion to suspend the rules resulted as follows: Ayes — 6 (Legislators Dennis, Herrera, Koplinka-Loehr, Mackesey, Proto, and Robertson); Noes — 6 (Legislators Hattery, Joseph, Kiefer, McBean-Clairborne, Shinagawa, and Stevenson); Excused — 2 (Legislators Randall and Sigler); Vacant - 1 (District No. 3). MOTION TO SUSPEND RULES FAILED. Report from the County Administrator Mr. Whicher reported that after five years of double-digit increases, changes made regarding health insurance coverage, in cooperation with the unions, have resulted in a small financial relief. He expects there to be a decrease in next year's rates. He then reported that the County's largest capital project, the Public Safety Communication System, is nearing completion. It is anticipated that the construction will be finalized shortly, which will be followed by transitioning people to the new system. Mr. Whicher anticipates to hear reports back from emergency responders as this occurs. Mr. Proto said that at the recent Brooktondale Apple Festival Senator James Seward was present and able to use the system and speak to the furthest reach of the system. Mr. Whicher said that the original specifications were to have the system viable for a distance of ten miles outside the County borders; the tests are indicating the system exceeds this requirement. Report from the County Attorney Mr. Wood reported that he has been negotiating with the counsels for the State Wireless Network and is making progress. At this time the State consultant has not yet provided information with regard to the State's space requirements on the towers. Upon receipt of definitive information the agreement may then move forward to be finalized. Report from the Finance Director Mr. Squires reported that the third-quarter sales tax disbursements were sent out this week and are still on budget. He had anticipated an approximate 3.3 percent increase and to date it is approximately 3.75 percent to slightly under 4 percent. An item of note was in September for the first time there was more sales activity within the city than outside city limits, and it did not include the morst recent store openings. Mr. Squires then reported his office is receiving many calls asking how sub -prime mortgages have been affecting the County; he indicated that it does not appear to have an adverse effect. He indicated that the New York Times referenced Ithaca as an area that is not included in list of the communities having difficulties. Addition of Resolution(s) to the Agenda It was MOVED by Ms. Robertson, seconded by Mr. Proto, to add the resolution entitled Recommendation for Temporary Appointment to Tompkins Consolidated Area Transit Board. A voice vote on the motion resulted as follows: Ayes — 10; Noes — 2 (Legislators Joseph and Kiefer); Excused — 2 (Legislators Randall and Sigler); Vacant - 1 (District No. 3). RESOLUTION ADDED. 306 November 7, 2007 Withdrawal of Resolution(s) from the Agenda Chair Joseph granted the appropriate committee chair permission to withdraw the resolution from the agenda entitled Authorization to Execute Funding Agreement with New York State Department of Transportation (NYSDOT) —Forest Home Drive Bridge (BIN 3047450) Over Fall Creek. 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. 201 — CHANGING ANNUAL REVIEW PERIOD WHEN LANDOWNER PROPOSALS FOR INCLUSION OF VIABLE AGRICULTURAL LANDS WITHIN EXISTING CERTIFIED AGRICULTURAL DISTRICTS WILL BE REVIEWED AND ACTED UPON BY THE TOMPKINS COUNTY LEGISLATURE MOVED by Mr. Proto, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, by Resolution No. 25 of 2004, the Tompkins County Legislature acted in compliance with New York State Agriculture and Markets Law Article 25AA — Agricultural Districts to designate November 1st as the beginning of the annual 3 0 -day period when landowners may request to have their land added to one of the two existing New York State Certified Agricultural Districts in the County, and WHEREAS, the Tompkins County Agricultural and Farmland Protection Board (AFPB) seeks comment from municipalities regarding these requests, and must make its recommendations regarding requests to the County Legislature within 30 days after the request period ends, which is December 31, and WHEREAS, AFPB has found that December is a difficult time to schedule meetings for municipal input for making decisions and recommendations to the County Legislature, and WHEREAS, the Tompkins County Legislature does not set committee membership or meeting schedules until after January 1st of any year which makes it difficult for AFPB to present recommendations to the relevant County Program Committee and Legislature, and WHEREAS, many other counties in the State have selected January 1, February 1, or March 1 as the start of their designated 3 0 -day period for annual additions to the agricultural districts, and WHEREAS, a change to January, February, or March for this start of the annual addition process would eliminate the problems that arise with the current November start time, and WHEREAS, the Tompkins County Agricultural and Farmland Protection Board recommends to the Tompkins County Legislature that the start of the annual 30 -day period for landowners to request the addition of their land to one of the two existing New York State Certified Agricultural Districts in the County be changed from November 1 to February 1 of each year, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the Tompkins County Legislature establishes February 1 as the beginning of the designated annual thirty -day period for landowners to submit proposals for inclusion of viable agricultural lands within a certified county agricultural district, RESOLVED, further, That the Tompkins County Legislature will act on such proposal within the 120 -day time period required by New York State Agriculture District Law. SEQR ACTION: TYPE II -20 307 November 7, 2007 RESOLUTION NO. 202 - AUTHORIZATION TO ENTER INTO AN AGREEMENT WITH THE TOWN OF LANSING TO IMPLEMENT THE AGRICULTURAL AND FARMLAND PROTECTION IMPLEMENTATION GRANT AND CO - HOLD A CONSERVATION EASEMENT ON THE BENSVUE FARM MOVED by Mr. Proto, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, it is in the interest of Tompkins County and its residents to support farm operations and protect valuable agricultural resources for their contribution to the local economy, as a local source of food and other products, and as an important contributor to the quality of life in rural communities, and WHEREAS, the Town of Lansing, in partnership with Tompkins County, has been awarded a New York State Agricultural and Farmland Protection Implementation Grant (FPIG) for the purchase of development rights on the approximately 959 acres of Charles and Andra Benson's Bensvue Farm in the Town of Lansing, New York, and WHEREAS, the farm is in the heart of an agricultural district and an area designated in the Tompkins County Comprehensive Plan and the Town of Lansing Comprehensive Plan as important to the region's agricultural base, and WHEREAS, the Tompkins County Agricultural and Farmland Protection Board endorsed the application to the New York State Department of Agriculture and Markets for grant funding for this project, and the New York State Department of Agriculture and Markets selected this farm for protection under the highly competitive Farmland Protection Implementation Grant program, and WHEREAS, if the project is unsuccessful and an easement is not acquired, New York State is not legally obligated to reimburse local partners for out-of-pocket expenses associated with the project for such items as survey, appraisal, and outside legal fees (though New York State Department of Agriculture and Markets staff has stated that efforts will be made to reimburse the costs), and WHEREAS, the Town of Lansing is Lead Agency under State Environmental Quality Review (SEQR) for this project and has conducted a SEQR review and determined that the proposed action will not result in any significant adverse environmental impacts, now therefore be it RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee, That Tompkins County concurs with the Town's negative determination of significance under SEQR for the purchase of development rights on the Bensvue Farm in the Town of Lansing, RESOLVED, further, That the County Administrator be authorized to enter into an agreement with the Town of Lansing to implement that project and to co -hold, maintain, and enforce an agricultural conservation easement on the Bensvue Farm in perpetuity, RESOLVED, further, That the agreement will include provisions for the Town and County to split the costs of any unreimbursed out-of-pocket expenses (not to exceed $26,000 each) in the event that the New York State Department of Agriculture and Markets does not fully reimburse those costs. SEQR ACTION: Unlisted (SEQR review has been completed by the Town of Lansing) RESOLUTION NO. 203 - FUNDING OF TOURISM PROJECT GRANTS MOVED by Mr. Proto, seconded by Mrs. McBean-Clairborne, 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, WHEREAS, within the Room Occupancy Tax budget, $24,000 was allocated for this program, and remaining balance will be carried forward for the Spring 2008 round of grants, now therefore be it 308 November 7, 2007 RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the following grants are approved: Ithaca Downtown 2007 Downtown Ithaca's Parade of Ice Celebration $6,000 Partnership Light in Winter Festival, Inc. Light in Winter 2008 $5,000 TOTAL $11,000 RESOLVED, further, That the County Administrator or designee shall be authorized to sign any documents related to the aforementioned projects. SEQR ACTION: TYPE II -20 RESOLUTION NO. 204 - FUNDING OF TOURISM MARKETING AND ADVERTISING GRANTS MOVED by Mr. Proto, seconded by Mrs. McBean-Clairborne, 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 in Spring 2007, and recommended partial funding to the Tompkins County Legislature through the Planning, Development, and Environmental Quality Committee with the advice of the Strategic Tourism Planning Board, and WHEREAS, the Strategic Tourism Planning Board recommended allocating more funds in Fall 2007 from the Room Tax Reserve Fund to fully fund the strongest Spring 2007 grant requests as noted in the table below, and WHEREAS, another grant round will open in Fall 2007 for new applications, now therefore be it RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee, That the following grants are approved: Ithaca Downtown Partnership Light In Winter Cayuga Lake Triathlon Community Arts Partnership Ithaca Theatre Collective Targeted Marketing Campaign 2007 Light in Winter Festival 2008 Cayuga Lake Triathlon 2008 Greater Ithaca Art Trail New Marketing Plan 2007 The Ithaca Theatre Collective: Marketing Ithaca as a Theater Destination $3,000 $3,000 $2,500 $2,400 $2,200 TOTAL $13,100 RESOLVED, further, That the County Administrator or designee shall be authorized to sign any documents related to the aforementioned projects. SEQR ACTION: TYPE II -20 RESOLUTION NO. 205 - AUTHORIZATION TO ACCEPT NEW YORK STATE LEGISLATIVE INITIATIVE - DEPARTMENT OF EMERGENCY RESPONSE MOVED by Mr. Proto, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, Resolution No. 32 of 2006 identified the Public Safety Communications Capital Project as a priority for funding by State and Federajoiptiatives, and November 7, 2007 WHEREAS, a Legislative Initiative by Senator James Seward was appropriated to Tompkins County in the 2007-08 New York State Budget in the amount of $80,000 for assistance in the County's procurement of interoperable radio communications equipment, now therefore be it RESOLVED, on recommendation of the Public Safety Committee, That Tompkins County accepts the Legislative Initiative funding, RESOLVED, further, That the following Capital Accounts be adjusted accordingly: Project No. 3412 Revenue: 3412.43389 Other Public Safety $80,000 Appropriation: 3412.52222 Communication Equipment $80,000 SEQR ACTION: TYPE II -20 RESOLUTION NO. 206 - AUTHORIZATION TO ACCEPT STATE HOMELAND SECURITY PROGRAM FUNDING — DEPARTMENT OF EMERGENCY RESPONSE MOVED by Mr. Proto, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the Department of Emergency Response has identified funding available for the acquisition of interoperable radio communications equipment through the New York State Homeland Security Program (SHSP), and WHEREAS, the New York State Office of Homeland Security has approved a workplan and proposed expenditure at $36,100 for the County's acquisition of said equipment, now therefore be it RESOLVED, on recommendation of the Public Safety Committee, That Tompkins County accepts the SHSP funding, RESOLVED, further, That the following Capital Accounts be adjusted accordingly: Project No. 3412 Revenue: 3412.43389 Other Public Safety $36,100 Appropriation: 3412.52222 Communication Equipment $36,100 SEQR ACTION: TYPE II -20 RESOLUTION NO. 207 - AUTHORIZING AGREEMENT FOR ROUTE 96 CORRIDOR MANAGEMENT PLAN MOVED by Mr. Proto, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, New York State Route 96 in the City of Ithaca and Towns of Ithaca and Ulysses is an important transportation corridor serving the northwestern portion of Tompkins County, and WHEREAS, housing needs and economic growth in Tompkins County will likely result in additional development in this corridor, and WHEREAS, development in this corridor may impact the ability of the Route 96 to serve its transportation function and other existing land use in the corridor, and WHEREAS, the Tompkins County Comprehensive Plan calls for a nodal development pattern and multi -modal transportation networks as key elements of managing growth and preserving the function of our transportation infrastructure, and WHEREAS, Tompkins County, the City of Ithaca, the Town of Ithaca, and the Town of Ulysses would like to cooperatively plan for development in this corridor in a way that mitigates the impacts of future development on the transportation infrastructure and existing land use, and WHEREAS, the Tompkins County Planning Department has allocated $25,000 in the Department's 2007 budget for a Corridor Management Study of Route 96, and 310 November 7, 2007 WHEREAS, the City of Ithaca, Town of Ithaca, and Town of Ulysses have each appropriated $8,000 for the study, and WHEREAS, further State or Federal funding may be available, if necessary, through the Ithaca - Tompkins County Transportation Council, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the County Administrator be authorized to enter into an agreement with the City of Ithaca, Town of Ithaca, and Town of Ulysses to implement the Route 96 Corridor Management Study, RESOLVED, further, That the following adjustments be made to the 2007 Budget: Revenue: 8023.42797 Other Local Government Contributions $24,000 Appropriation: 8023.54400 Program Expense $24,000 RESOLVED, further, That the following transfers be made to the 2007 Budget: Appropriation: 8020.54442 Professional Services ($25,000) Appropriation: 8023.54400 Program Expense $25,000 RESOLVED, further, That the County Administrator or his designee be authorized to execute any multi-year contracts related to this project. SEQR ACTION: TYPE II - 21 RESOLUTION NO. 208 - AUTHORIZING SUPPLEMENTARY CONSULTANT AGREEMENT NO. 6 WITH C&S ENGINEERS, INC., FOR DESIGN OF ON - AIRPORT OBSTRUCTION REMOVAL — 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 Legislature, through Resolution No. 127 dated July 5, 2005, approved an agreement with C&S Engineers, Inc., of $175,000 to conduct an Environmental Assessment for an Obstruction Clearance project at the airport, and WHEREAS, said Environmental Assessment (EA) is now complete and the Federal Aviation Administration (FAA) has accepted said EA and issued a Finding of No Significant Impact (FONSI), and WHEREAS, said on -airport obstruction removal design will continue to involve all stakeholders, and WHEREAS, the airport's engineering consultant, C&S Engineers, Inc., of Syracuse has proposed designing the on -airport obstruction removal for a fee not to exceed $53,497, and WHEREAS, the total budget for said obstruction removal project, which includes design and contract observation is: FAA Share (95.0%) $380,000 New York State Department of Transportation (NYSDOT) Share (2.5%) $ 10,000 Local Share (2.5%) $ 10,000 Total $400,000 , now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That Supplemental Agreement No. 6 with C&S Engineers, Inc., for $53,497 be and hereby is approved, subject to FAA and NYSDOT funding being received and that the County Administrator is authorized to execute the required documents, RESOLVED, further, That the local share of $10,000 will come from the Airport's operational budget, RESOLVED, further, That the Finance Director is authorized to advance payment for these services until reimbursement is received from the FAA and NYSDOT. SEQR ACTION: TYPE I-6 311 November 7, 2007 Explanation: The FAA definition of on -airport is anything that is typically on the airport property or property over which the airport has easements, and it is the consultants intention to first do on -airport and then as much of the easement work that can be afforded within the total amount. RESOLUTION NO. 209 -AUTHORIZING ACCEPTANCE OF A NEW YORK STATE DEPARTMENT OF TRANSPORTATION (NYSDOT) "AIR 99" GRANT TO CONSTRUCT A SAND STORAGE BUILDING - ITHACA TOMPKINS REGIONAL AIRPORT (PIN 3902.43) 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 has received a grant offer from the New York State Department of Transportation (NYSDOT) under the "AIR 99" program, in the amount of $300,000 to assist with the construction of a Sand Storage Building, and WHEREAS, the budget for this project is as follows: New York State Department of Transportation (NYSDOT) Share ( 80.0%) $300,000 Local Share ( 20.0%) $ 75,000 Total $375,000 and WHEREAS, the new Sand Storage Building will replace a storage bay that is now operationally insufficient and at the same time allow for that space to be developed into a needed equipment painting facility, and WHEREAS, the local share will form part of the Airport's 2008 operational budget, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the grant offer from the New York State Department of Transportation in the amount of $300,000 be and hereby is accepted and that the County Administrator is authorized to execute the required documents. SEQR ACTION: TYPE II -1 RESOLUTION NO. 210 - APPROVAL OF LEASE EXTENSION — TAUGHANNOCK AVIATION CORPORATION - 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, on December 31, 2007, Taughannock Aviation Corporation (TAC) is scheduled to finish construction of the final phase of its facility improvement, being a hangar of approximately 27,000 square feet, and WHEREAS, said construction is identified as Phase III of a three-phase project in the Airport Master Plan, and WHEREAS, the banking group providing the financing of said Phase III hangar building requires a minimum 20 -year lease term from date of occupancy to fully amortize the debt, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That TAC's present lease, expiring on December 31, 2026, be extended by approximately one year contingent on the date of occupancy of the new Phase III hangar building, which is expected to be on or about December 31, 2027, RESOLVED, further, That the County Administrator be authorized to sign a lease extension with the new term expiring on or about December 31, 2027. SEQR ACTION: TYPE II -20 312 November 7, 2007 Approval of Appointment(s) Under the Consent Agenda 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: Library Board of Trustees Richard Driscoll — term expires December 31, 2008 Report and Presentation of Resolution(s) from the Budget and Capital Committee Mr. Koplinka-Loehr, Chair, did not have a report. RESOLUTION NO. 211 APPROPRIATION FROM CONTINGENT FUND — BAIL FUND PROGRAM — OFFENDER AID AND RESTORATION MOVED by Mr. Koplinka-Loehr, seconded by Ms. Kiefer. A short roll call vote on the resolution resulted as follows: Ayes — 10; Noes — 2 (Legislators Hattery and Stevenson); Excused — 2 (Legislators Randall and Sigler); Vacant - 1 (District No. 3). RESOLUTION ADOPTED. WHEREAS, Offender Aid and Restoration (OAR), through its Bail Fund program, makes bail accessible for low-income individuals when available funds are the only barrier to release from the Tompkins County Jail pending trial, and WHEREAS, OAR achieves a ninety percent return rate on its bails posted, with only very few forfeitures in the last six years, now therefore be it RESOLVED, on recommendation of the Expanded Budget and Capital Committee, That the Director of Finance be authorized to make the following budget appropriation: FROM: A1990.54400 TO: A6316.54400 SEQR ACTION: TYPE II -20 Contingent Fund Program Expense $10,000 $10,000 RESOLUTION NO. 212 - ADOPTION OF AMENDMENTS TO THE 2008 TENTATIVE TOMPKINS COUNTY BUDGET AND 2008-2012 CAPITAL PROGRAM MOVED by Mr. Koplinka-Loehr, seconded by Mr. Shinagawa. Ms. Herrera stated she would not support the resolution because it includes the adoption of the Capital Program; she does not support the manner in which a decision on the Brown Road property was handled. A roll call vote resulted as follows: Ayes — 8 (Legislators Dennis, Joseph, Kiefer, Koplinka-Loehr, Mackesey, McBean-Clairborne, Robertson, and Shinagawa); Noes — 4 (Legislators Hattery, Herrera, Proto, and Stevenson); Excused — 2 (Legislators Randall and Sigler); Vacant - 1 (District No. 3). RESOLUTION ADOPTED. WHEREAS, amendments to the 2008 tentative budget and 2008-2012 capital program were recommended and filed by the Expanded Budget and Capital Committee on October 22, 2007, and WHEREAS, a public hearing is tentatively scheduled for November 13, 2007, 7:00 p.m., at the Legislative Chambers, now therefore be it RESOLVED, on recommendation of the Expanded Budget and Capital Committee, That the 2008 Tentative Budget and 2008-2012 Capital Program submitted by the County Administrator is hereby amended in accordance with the recommendations of the Expanded Budget Committee, the action taken by this Legislature on this date, and the Rules of the County Legislature and Article 7 of County Law, for a total tax levy amount of $35,805,757, resulting in an approximate tax -levy increase of 2.93 percent and a tax -rate increase of 1.6 percent. SEQR ACTION: TYPE II -21 313 November 7, 2007 Report from the Personnel Committee Mr. Dennis, Chair, reported at this time the road patrol impasse continues with many unresolved issues, more meetings are forthcoming. In addition, negotiations are continuing with the White Collar and Blue Collar units. Mr. Dennis reported the County Administrator Search Committee met on November 6th and resulted in many positive suggestions to review applications. He noted that the issue of Retiree Health Insurance is still being reviewed and will be dealt with in the near future. In response to Ms. Kiefer's questions regarding retirees ability for open enrollment, Mr. Dennis said it is not anticipated there will be changes in 2008. Mr. Whicher said there might be an option available to retirees but he anticipates it would occur later in the year. Mr. Whicher also said that reductions in health insurance costs also would apply to the retiree health insurance. Report and Presentation of Resolution(s) from the Government Operations Committee Mr. Stevenson, Chair, said the Committee has not had a regular meeting since the last Legislature meeting, but held a brief meeting prior to the meeting to act resolutions being presented. The Committee will meet again on November 9th Mr. Stevenson requested that Mr. Wood, County Attorney, speak to the resolution revisions made at the Committee meeting prior to the Legislature meeting. Mr. Wood said the resolution offered as revised does not accomplish the desire of Municipal Electric and Gas Alliance (MEGA), which should simply authorize MEGA to request a bid for services and allow other municipalities to participate if desired. He noted that MEGA does not require County authorization, however, to indicate the Legislature's approval provides more clarity to prospective members of the Alliance of the County's commitment. Mr. Wood said the bid requests have already been prepared and sent to prospective utility companies, therefore the suggested amendments would not have an effect on the responses. In addition, he said the request for two bids cannot be done according to law, which states it must be the lowest responsible bidder. Mr. Wood said a request to include a certain percentage of regeneration electric could be made, but that it would not apply to a bid for natural gas. Mr. Wood said in his opinion the original resolution submitted would be the appropriate resolution to act upon. Ms. Kiefer said that the revisions include the lowest responsible bid and the lowest responsible bid for maximum generation with renewable resources, and suggested amending the language to read "request" MEGA to have two bids, which she believes are legal to ask for. She stated her disappointment that the resolution had not been received prior to the bid request having been made and hopes that the Legislature would act upon the revised resolution, which addresses a desire for renewable energy resources. RESOLUTION NO. 213 AUTHORIZING MUNICIPAL ELECTRIC AND GAS ALLIANCE (MEGA) TO BID FOR GAS AND ELECTRICITY ON BEHALF OF THE COUNTY AND AUTHORIZING THE INCLUSION OF ALL POLITICAL SUBDIVISIONS AND DISTRICTS WITHIN THE STATE TO PARTICIPATE MOVED by Mr. Stevenson, seconded by Mr. Hattery. MOVED by Ms. Kiefer, seconded by Ms. Robertson, to add the following as a second paragraph in the "RESOLVED" section: "RESOLVED, further, That MEGA is requested to include bid specifications that shall provide for two responses for electric power: one based solely on lowest responsible bidder and one also based on maximum generation from renewable sources,". Mr. Proto asked Mr. Wood to clarify his opinion, specifically to the legality aspect. Mr. Wood said a bid must be awarded to the lowest possible bidder and cannot award it based on the lowest cost for renewable resources; to make a request such as this would require a separate bid for renewable resources. He reiterated that the request was not appropriate to the bids undertaken at this time. In response to Ms. 314 November 7, 2007 Robertson's question, Mr. Wood said the purpose of the resolution is to provide approval prior to the expiration of the current contract in order to allow other municipalities to participate in the bid. Mr. Joseph said his understanding from the discussion is that MEGA does not require authorization to put out bids, however, to include the language within the resolution indicating the County's approval of MEGA's representing the County in the bid process. He then said what Ms. Kiefer is asking is a request that MEGA attempt to purchase bulk purchases utilizing renewable resources is something he could support, however, it would be a separate resolution. Ms. Kiefer said she does not feel it would require a separate resolution, particularly since the bid process has already begun. She believes that to include the language would have the same effect as a separate resolution at this time. Mr. Joseph disagreed as the resolution's purpose is to provide the ability for other County's to participate. It was MOVED by Mr. Stevenson, seconded by Mr. Koplinka-Loehr, to call the question on the motion to amend. A voice vote resulted as follows: Ayes — 11; Noes — 1 (Legislator Robertson); Excused — 2 (Legislators Randall and Sigler); Vacant - 1 (District No. 3). THE QUESTION WAS CALLED. A voice vote on the motion to amend resulted as follows: Ayes — 3 (Legislators Kiefer, Mackesey, and Robertson); Noes — 9; Excused — 2 (Legislators Randall and Sigler); Vacant - 1 (District No. 3). MOTION FAILED. It was MOVED by Ms. Mackesey, seconded by Ms. Robertson, to Table the resolution. Ms. Robertson asked as point of order, what the timetable would be. Mr. Wood explained it was to have the resolution completed prior to the expiration of the contract. Mr. Joseph ruled it is not a point of order, the vote is required to proceed as a motion to Table is not debatable. A voice vote on the motion to table resulted as follows: Ayes — 3 (Legislators Kiefer Mackesey, and Robertson); Noes — 9; Excused — 2 (Legislators Randall and Sigler); Vacant - 1 (District No. 3). MOTION FAILED. It was MOVED by Mr. Stevenson, seconded by Mr. Proto, to call the question on the main motion. A voice vote on the motion resulted as follows: Ayes — 11; Noes — 1 (Legislator Kiefer); Excused — 2 (Legislators Randall and Sigler); Vacant - 1 (District No. 3). MOTION APPROVED. A voice vote on the resolution resulted as follows: Ayes — 10; Noes — 2 (Legislators Kiefer and Mackesey); Excused — 2 (Legislators Randall and Sigler); Vacant - 1 (District No. 3). RESOLUTION ADOPTED. Ms. Robertson requested that a resolution requesting MEGA seek renewable resource bids in the future as MEGA does not offer the cleanest choice for electricity. Ms. Kiefer asked that Mr. Wood could prepare a resolution that would be acceptable to him. WHEREAS, the County previously authorized Municipal Electric and Gas Alliance ("MEGA") to bid for both gas and electric power on its behalf and the bids resulted in contracts, and WHEREAS, the contracts will soon terminate and it is time to re -bid, 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 all political subdivisions and districts in the State to participate, and WHEREAS, the County desires the continued participation of other political subdivisions and districts in the contracts, and WHEREAS, rules regarding the terms by which other political subdivisions and districts participate have been established and will be reflected in contracts with the lowest responsible bidders, and RESOLVED, on recommendation of the Government Operations Committee, That MEGA is hereby authorized to release bids for gas and electric power on behalf of Tompkins County, 315 November 7, 2007 RESOLVED, further, That all political subdivisions and districts within the State are authorized to participate in the contracts awarded as a result of the bids. SEQR ACTION: TYPE II -20 RESOLUTION NO. 214 - SCHEDULING A SPECIAL ELECTION IN DISTRICT NO. 3 (CITY OF ITHACA) MOVED by Mr. Stevenson, seconded by Mr. Dennis, and unanimously adopted by voice vote by members present. RESOLUTION ADOPTED. WHEREAS, Legislator Richard S. Booth has resigned from the Tompkins County Legislature effective at noon on November 7, 2007, and WHEREAS, pursuant to County Charter Article 2, Section 2.04, when a vacancy occurs on the Tompkins County Legislature it shall be filled at a special election if the vacancy occurs on or after September 20 of the calendar year, and WHEREAS, the special election must be held as soon as practicable and be held not later than 75 days from the date of such vacancy, and WHEREAS, the term of office for this vacancy shall be for the remainder of the unexpired term (December 31, 2009), now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That a special election be held on December 18, 2007, in District No. 3 (City of Ithaca) to fill the unexpired term of Legislator Booth, RESOLVED, further, That the Board of Elections be directed to prepare the ballots, voting machines, and other matters so that such election may be properly held and conducted as provided in Election Law. SEQR ACTION: TYPE II -20 Report from the Public Safety Committee Mrs. McBean-Clairborne, Chair, met on October 19th and discussed the Communications Capital Project coming online, acted upon resolutions contained on the Consent Agenda regarding receipt of funding from the State for subscriber equipment for the communications project, and discussed the Transportation Safety Administration (TSA) contract with the Airport. She noted that the TSA contract reimbursement reduction does not impact the Sheriff's Department as the funds are paid through the Airport. Report from the Workforce Diversity and Inclusion Committee Mrs. McBean-Clairborne, Chair, reported the Committee will meet on November 28th Mrs. McBean-Clairborne was excused at this time (6:45 p.m.). Report and Presentation of Resolution(s) from the Planning, Development, and Environmental Quality Committee Ms. Robertson, Chair, reported the Committee met on October 18th, with most of the items already before the Legislature. The Committee received information on wind power from Steve Nicholson with good information provided. She believes it is a topic the County will desire to learn more about. In addition, the Committee received a quarterly report from Mr. Bonn regarding the tourism program marketing campaign. She said the 2007 summer tourism was the best on record with an all-time high of 82 percent occupancy during August. The next meeting is November 15th 316 November 7, 2007 RESOLUTION NO. 215 — APPROPRIATION AND BUDGET ADJUSTMENTS — VARIOUS DEPARTMENTS MOVED by Ms. Robertson, seconded by Mr. Stevenson. A short roll call resulted as follows: Ayes — 12; Noes — 0; Excused — 2 (Legislators Randall and Sigler); Vacant - 1 (District No. 3). RESOLUTION ADOPTED. WHEREAS, pursuant to Administrative Manual Policy 05-02, budget adjustments exceeding $5,000 and appropriations require Legislative approval, now therefore be it RESOLVED, on recommendation of the Health and Human Services, the Public Safety, and the Planning, Development, and Environmental Quality Committees, That the Director of Finance be directed to make the following budget adjustments on his books: Budjiet Adjustments Office for the Aging Revenue Acct Title Amt Approp Acct Title(s) 6774.43 803 State Revenue $35,309 6774.54491 Subcontract Explanation: Revenue increase in SNAP program for Foodnet. Youth Services Revenue Acct Title Amt Approp Acct Title(s) 7020.42797 Other Local -$13,500 7020.54442 Professional Services Fee Government Contribution Explanation: Revenue projected to be brought into the 2007 budget for JobLink services was over- estimated. Therefore, a reduction in revenue and the corresponding expense line is needed to accurately reflect 2007 budget. Emergency Response Revenue Acct Title Amt Approp Acct Title(s) 3410.41140 E911 Surcharge $55,088 3410.52222 Communications Equipment Explanation: The County is eligible for reimbursement of certain 911 -related expenses in this amount. The Department will direct the funding toward an upgrade of alarm analoging receiving equipment integrating with the Computer -Aided Dispatch programs. RESOLVED, further, That the Director of Finance be authorized and directed to make the following appropriation from the Room Tax Reserve: From: A889.0000 Room Tax Reserve Fund Balance $83,800 Appropriation To: 6475.54626 Marketing and Advertising Grants $31,400 6475.54628 New Initiative Grants $28,400 6475.54624 Project Grants $24,000 Explanation: To have a Fall 2007 round of grants. SEQR ACTION: TYPE II -20 RESOLUTION NO. 216 - MAKING A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE IN RELATION TO RESOLUTION NO. 217 OF 2007 — ADOPTION OF THE TOMPKINS COUNTY FOREST MANAGEMENT PLAN (DATED OCTOBER 10, 2007) AND AUTHORIZATION TO ENTER INTO AN AGREEMENT WITH A FORESTRY CONSULTANT TO IMPLEMENT THE WORK SCHEDULE THROUGH 2012 MOVED by Ms. Robertson, seconded by Mr. Dennis, and unanimously adopted by voice vote by members present. RESOLUTION ADOPTED. 317 November 7, 2007 WHEREAS, in Resolution No. 217 of 2007, the Tompkins County Legislature would adopt the Tompkins County Forest Management Plan (dated October 10, 2007) to guide County actions on County - owned forest lands in the Towns of Newfield and Caroline, 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. 217 of 2007 is a Type I action, RESOLVED, further, That the Tompkins County Legislature determines that the Tompkins County Forest Management Plan will not have a significant effect on the environment, RESOLVED, further, That the Tompkins County Legislature hereby makes a negative declaration of environmental significance in regard to Resolution No. 217 of 2007. SEQR ACTION: (Full Environmental Assessment Form and Negative Declaration on file with the Clerk of the Legislature) RESOLUTION NO. 217— ADOPTION OF THE TOMPKINS COUNTY FOREST MANAGEMENT PLAN (DATED OCTOBER 10, 2007) AND AUTHORIZATION TO ENTER INTO AN AGREEMENT WITH A FORESTRY CONSULTANT TO IMPLEMENT THE WORK SCHEDULE THROUGH 2012 MOVED by Ms. Robertson, seconded by Ms. Mackesey. Mr. Proto stated although the agreement is only five years, the plan is for a thirty-year period and should be reviewed periodically. Ms. Robert