Loading...
HomeMy WebLinkAbout2008 Proceedings2008 PROCEEDINGS Tompkins County Legislature TOMPKINS COUNTY NEW YORK MICHAEL A. KOPLINKA-LOEHR, Chair Ithaca, New York CATHERINE COVERT, Clerk Ithaca, New York State of New York ) County of Tompkins ) ss: Tompkins County Legislature ) In pursuance of the authority conferred by Section 211 of the County Law, I do hereby certify that the copy of the Proceedings of the Tompkins County Legislature of the County of Tompkins, New York, for the year 2008, contained in this volume is true and correct. CATHERINE COVERT Clerk of the Legislature 2008 STANDING AND SPECIAL COMMITTEES ASSIGNMENTS AND RESPONSIBILITIES January 2, 2008 REVISED 3/4/08 REVISED 4/29/08 Budget and Capital - Shinagawa (Chair), Hattery (Vice Chair), Mackesey, Herrera, Dennis Appropriations Borrowing and Debt Service Contingent Funds Fund Balances Unallocated Revenues Budget process Fiscal Policy TC3 Capital Programs Government Operations - Hattery (Chair), Kiefer (Vice Chair), Mackesey, Sigler, Stevenson Tompkins County Legislature Charter and Code Administration Operational Policies Code/Board of Ethics Law Finance Public Information Assessment Board of Elections Libraries County Clerk History Center Council of Governments Planning, Development and Environmental Quality - Robertson (Chair), Mackesey (Vice Chair), Proto, Sigler, Chock 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 County Historian 1 2008 Standing and Special Committees Assignments and Responsibilities Facilities and Infrastructure — McBean-Clairborne (Chair), Herrera (Vice Chair), Randall, Kiefer, Chock Facilities Bridges and Highways Airport Solid Waste/Recycling Public Works Administration Information Technology Services Department Weights and Measures Utilities Public Safety - Stevenson (Chair), Dennis (Vice Chair), Hattery, Robertson, Burbank 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 - Proto (Chair), Randall (Vice Chair), Robertson, Shinagawa, Chock 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 Human Resources - Dennis (Chair), McBean-Clairborne (Vice Chair), Sigler, Kiefer, Burbank Personnel Department/issues Workforce Diversity and Inclusion Training 2 January 2, 2008 Organization Meeting Special Event Prior to the meeting the character -building singing group Vitamin L performed two songs for those in attendance. Call to Order Mrs. Covert, Clerk of the Legislature, called the organizational meeting of the Tompkins County Legislature to order at 5:32 p.m. Pledge of Allegiance to the Flag and Roll Call of Members Members and guests participated in the Pledge of Allegiance to the Flag. Present: 14 Legislators (Legislator Shinagawa arrived at 7:35 p.m.). Excused: 1 (Legislator Kiefer). District No. 1 - Pam Mackesey, 323 Pleasant Street, Ithaca District No. 2 - Leslyn McBean-Clairborne, 528 West Clinton Street, Ithaca District No. 3 — Carol Chock, 39 Woodcrest Avenue, Ithaca District No. 4 - Nathan I. Shinagawa, 307 Stewart Avenue, Ithaca (arrived 7:35 p.m.) 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. Ms. Robertson nominated Mr. Joseph as Temporary Chair, seconded by Mr. Dennis. After hearing no more nominations, it was Moved by Mr. Proto, 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 - 13, Noes — 0, Excused — 2 (Legislators Kiefer and Shinagawa). MOTION CARRIED. Mr. Joseph took the chair as Temporary Chair. Mr. Joseph thanked Legislators for the opportunity to be Temporary Chair. Mr. Joseph then opened nominations for a Permanent Chair. Election of a Permanent Chair Nominations were opened. Ms. Herrera nominated Mr. Koplinka-Loehr as Permanent Chair for 2008, seconded by Mrs. McBean-Clairborne. Ms. Herrera read the following statement: 3 January 2, 2008 "Thank you Mr. Chair—I'm going to nominate a 10 year -veteran County Legislator who also served three years on the Ithaca School Board-- he has been consistent in practicing inclusion, collaboration, consensus, and in building community – he has dedicated his time to social justice in public life and also in his adjunct roles. Judging from my own experience of how he respects other people and viewpoints, I believe that as Chair my colleague will draw people and ideas together for the good of the county, long-term and short term. Think about it -- "From the formation and report of the Tompkins County Quality of Life Committee, to the appointment and utilization of many of the recommendations of the CAP (Community Advisory Panel) committee, Mike Koplinka-Loehr brings our community together in ways that make us all stronger. His leadership in the Village at Ithaca is but one example of how, for Mike, the phrase "inclusion through diversity" is more than just a saying. It's also true that Mike's leadership will demonstrate his commitment to balancing life -work -family, which is a great example for the Chair of the Legislature to set. "In addition to having been a county employee at Department of Social Services for over 4 years, and having worked at the Tompkins County Youth Bureau, Mike Koplinka-Loehr has negotiated contracts for the union and helped Tompkins County become a union shop. "He obtained a Masters in Regional Planning from Cornell in '84, has chaired the Budget committee for 3 years, chaired Government Operations for 3 years, has over 20 years experience working for local human service agencies such as the Learning Web, DSS, TC Youth Services, Cornell Institute for Public Affairs, working for CRESP, (the Center for Religion, Ethics and Social Policy) in 3 capacities, for the DeWitt Historical Society, and the Village at Ithaca. "Mike will continue to work part time for the Village at Ithaca while serving as Chair of the Legislature. I believe that having this continued connection with our community not only demonstrates how Mike has aligned his life & values for public service, it also keeps the leader of the County very aware of equity issues in our community, and is a commitment I am proud to support. "Mike knows what it's like to work low wage jobs. He gets it when working people say that a hundred dollars more a year added to the County tax burden could just be what prevents them from buying a house, when unemployed residents have the desire to improve their education, when homeless youth talk about having nowhere to go. Because of his interpersonal skills, values, experience, and ability to make Tompkins County a model of a highly professional continuous learning organization, it is an honor and a privilege for me to hereby nominate Mike Koplinka-Loehr as Chair of the Tompkins County Legislature in 2008." Mr. Hattery nominated Mr. Proto as Permanent Chair, seconded by Mr. Sigler. Mr. Hattery said Mr. Proto's the longest -serving member of the body and is successful in the business community and the Legislature, having served the County in every way imaginable. Mr. Sigler said Mr. Proto has the qualifications and track record for leadership and that he personally hopes to serve as long as Mr. Proto. Hearing no more nominations, it was MOVED by Mrs. McBean-Clairborne, seconded by Ms. Robertson, and unanimously adopted by voice vote by members present, to close nominations. 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). A vote by show of hands to elect Michael Koplinka- Loehr Chair of the Legislature resulted as follows: Ayes - 9 (Legislators Chock, Dennis, Herrera, Joseph, Koplinka-Loehr, Mackesey, McBean-Clairborne, Robertson, and Stevenson). Excused – 2 (Legislators Kiefer and Shinagawa). 4 January 2, 2008 Mr. Koplinka-Loehr was declared Chair of the Legislature for 2008. At this time Mr. Joseph turned the meeting over to Mr. Koplinka-Loehr, newly elected Chair. Election of a Vice Chair The next order of business was the election of Vice Chair and Mr. Koplinka-Loehr opened nominations. Ms. Mackesey nominated Mrs. McBean-Clairborne as Vice Chair, seconded by Mr. Joseph. Mr. Joseph said Mrs. McBean-Clairborne has served the past two years as Vice Chair and he found her input, and advice supportive and invaluable. He said she is a leader not just in the Legislature, but in the Community, noting that at times not present at meetings she has been where she was needed. Mr. Joseph said it has been a pleasure to have her serve with him. Mr. Randall nominated Mr. Sigler as Vice Chair, seconded by Mr. Proto. Mr. Randall read the following statement: "I have found Mike to be fair, consistent, and willing to look at issues from more than one perspective; but perhaps more importantly, he has a servant's heart and places family above self, and has a heart of gold and a true compassion for all that he serves." Mr. Stevenson nominated Mr. Dennis as Vice Chair, seconded by Ms. Robertson. Mr. Dennis said that he appreciated the nominations and spoke of the many previous Vice Chair's on the Legislature, including Mrs. McBean-Clairborne. He respectfully declined the nomination and thanked his fellow Legislators for the consideration. Hearing no more nominations, it was MOVED by Mr. Joseph, seconded by Ms. Mackesey, and unanimously adopted by voice vote by members present, to close nominations. A vote by show of hands to elect Michael Sigler Vice Chair of the Legislature resulted as follows: Ayes - 4 (Legislators Hattery, Proto, Randall, and Sigler). A vote by show of hands to elect Mrs. McBean-Clairborne Vice Chair of the Legislature resulted as follows: Ayes - 9 (Legislators Chock, Dennis, Herrera, Joseph, Koplinka-Loehr, Mackesey, McBean-Clairborne, Robertson, and Stevenson); Excused — 2 (Legislators Kiefer and Shinagawa). Mrs. McBean-Clairborne was declared Vice Chair of the Legislature for 2008. Token of Appreciation At this time, Chair Koplinka-Loehr presented Mr. Joseph and Mrs. McBean-Clairborne with a local handmade pottery bowl as a token of their leadership, vision, and undaunted public service, noting that like the former Chair and Vice Chair they were colorful and unique. Address to the Legislature "Thank you for the trust you've placed in me. I certainly want to give special thanks to Leslyn McBean-Clairborne for two years of excellent service as Vice Chair and to Tim Joseph for six years of visionary, incredibly hard working and undaunted public service leadership as Chair — especially in facing the realities of the post 9/11 world. "I'd like to start the traditional "state of the county" message with a little story that has held great meaning for me. It's about the balance we all try to maintain in our various roles in the community — as citizens, leaders, and residents from all walks of life. A wise rabbi was known to always carry two etched stones in his pockets that he could pull out as the situation demanded — representing two universal truths. 5 January 2, 2008 One read: "for your sake alone was the universe created," representing the truth that every human being is precious beyond measure, and that every individual has an equal claim on the glories of the entire universe. The other stone read: "you are but dust and ashes," representing the truth that in the grand scheme of things, we are each a tiny part of the whole; that the history of humankind has been set in motion for millennia and that any one person's role needs to be seen in relation to the timeless nature of those forces. "While seeming contradictory, BOTH of these perspectives hold universal truths. In many situations we find we need to hold dualities like these in tension — which allows us to respect the individual while keeping a broad perspective for the good of the whole. "Similarly, the state of Tompkins County can be viewed from multiple perspectives, and for a moment I'll choose two lenses: external and internal. From almost all external perspectives, our county and Tompkins County government in particular have achieved exceptional standing. For example, after ten years of analysis, partnerships and implementation, in 2008 we will have completed a state-of-the-art emergency communications system at the lowest possible cost to local taxpayers. Our 20 -year capital planning - to maintain our roads, bridges, and facilities infrastructure - is fast becoming a statewide model. Our diversity and inclusion efforts over the past several years have resulted in a permanent commitment to an internal culture change, that is, new ways of doing business to meet the needs of our community over the long-term. Almost every department of county government has won praise at statewide conferences of peers for innovation, cost-effectiveness and model partnerships, with many county department heads leading their New York State associations in their respective fields over the years. "From transportation to human services to emergency planning to public safety and health to economic development and tourism promotion, Tompkins County government is looked to as a place where program innovators continually adapt to changing external forces to best meet community needs. Justifiably, I hope every county employee and every member of our 55 active community advisory boards and sub -committees can take pride in setting high standards of service that achieve these well-deserved accolades. These efforts are nothing short of inspiring and I hope that we all take time to say "Thank You" as often as we think of it, to forge a culture of genuine appreciation. "From an internal perspective, we can also take pride in our 190 years of county accomplishments, as each year we stand on the shoulders of and learn from giants who have come before us. 2008 brings us challenges and opportunities for significant change. Fourteen legislators (seven elected in 2005) will begin our third year serving together, with Carol Chock joining us just days ago with a fresh perspective, and this shared experience working together will allow us to take on certain new challenges as a team, which may not have been possible earlier in our service. Within three months we'll be choosing a new County Administrator, a complicated role that is a kind of hybrid of a CEO and a COO depending on the needs on any particular day, with an admittedly "walk on water" set of expectations. We legislators are often described as "citizen activists," and our first loyalty is always to the people who elected us and whom we represent. Many of us have years of experience in elected office, but we remain citizens. We have the great privilege of working with professional managers from 27 departments and 750 -plus employees passionate about quality public service. "Add to this dynamic steadily increasing fiscal pressures, an overloaded property tax burden, and other community -wide challenges such as: the need for affordable housing; energy and environmental sustainability; economic development; improving telecommunications capacity; jail -to -community reentry; interventions for and aftercare for youth at -risk; performance management and the capacity to demonstrate value, accountability, and responsiveness to the taxpayer; emergency preparedness and management for internal County operations; important community -wide conversations regarding race, class, and other dehumanizing stereotypes; working with Cornell on their financial commitment for transportation and housing; and the need to update many county policies and procedures — and anyone can understand the complex internal landscape. Thankfully, every employee of our county organization shares 6 January 2, 2008 a common commitment to learning and improving every day — deeply dedicated to excellence in public service. "If I could add two final points of perspective, relevant to every human situation, I would suggest first that the more we take a longer-term view, the better our decisions will become. We legislators especially must consistently look beyond our elected terms to invest resources wisely for the health of the community. And secondly, no leader, manager, or citizen can operate effectively in isolation; we all need the balance of each others' perspectives in decision-making and priority setting to achieve the best for the public good. Yes, we are all essential and valuable (the universe is made just for us) AND the public good is determined through millions of human behaviors and actions that guide our common existence, and we need to learn from each other for our ultimate survival. "Given these perspectives, especially the nature of transitions ahead, the Vice Chair and I have chosen to keep the structure of 2007 county standing committees essentially the same, to allow continuity of multi-year commitments underway. I have distributed committee assignments to each of you, and I ask that chairs work with committee members, Department Heads, and staff to determine the schedules for the year, as well as medium and longer-term performance goals and annual work plans. As continual learners ourselves, we will be given professional development opportunities to help us guide agendas and lead committees more effectively. I hope that we continue to improve on our existing culture of building task -oriented work teams where needed, asking for and offering help as we are able, and never leading in isolation. Our essential task in our various roles (as legislators, departmental managers, or direct service public employees) is to offer our perspective for the good of the whole. I look forward to this transition year with excitement, optimism and pride for all that we've accomplished and all that I'm confident we will become, working together, in the year ahead." Vice Chair Statement Mrs. McBean-Clairborne said she is very pleased to serve again as Vice Chair of the Legislature. Starting in 2007 she began to see more of the role of inclusiveness and productive leadership of the Legislature and in Tompkins County in general and is proud to be part of that leadership. Mrs. McBean- Clairborne is looking forward to serving in this capacity, and takes pride in the trust and confidence that colleagues, staff, and the community as a whole has put in her. She said that in 2006 when first elected Vice Chair her daughter was born, causing her to be absent due to health issues, which did not allow her to get things done she desired. In 2007, she was able to put forth time to start to meet her goals. Mrs. McBean-Clairborne said she has had to learn to find a balance between her efforts and family, with family being a priority, and still being able to achieve goals. With this in mind, thinking of the vision of the County being a leadership community, and the City of Ithaca being viewed as a leader, to have read some of the narrow-minded views in the newspaper relating to what legislators should or should not be doing. She is happy to be out among people, working as Deputy Director of Greater Ithaca Activities Center, serving on several boards, and volunteering in many different ways. Mrs. McBean-Clairborne feels as a Legislator it is what many individuals do that make them well-rounded, well-grounded, decision -makers. She recognizes it is not easy to balance all of the things individuals do, however, people do make it work in order to have a pulse on the community which assists when making decisions that will affect individuals. Mrs. McBean-Clairborne said she is looking forward to working with Ms. Robertson regarding poverty in the County, noting that as rich as Tompkins County is poverty should not exist here. She stated that Tompkins County should be a County where diversity and inclusion is high priority so that no individual is left feeling excluded from decisions or being a participant in any manner. Mrs. McBean- Clairborne said the Legislature has the opportunity to set an example, and she looks forward to working to make this a model County to follow. She will continue to work on internal communication, trust, and 7 January 2, 2008 confidence. She looks forward to having colleagues stand with her on picket lines, supporting union workers, and understanding her statements that, "racism has to go." She would like to have Legislators stand and say how proud they are to make decisions, whether hiring, housing, or any number of things, including making sure people have food. Mrs. McBean-Clairborne said she is proud to be a person who has pulled herself up from the "bottom of the barrel", that it is not easy to do and some individuals do not have the privilege of being able to do the same. She thanked her husband, Alderperson JR Clairbome, 2nd Ward, City of Ithaca and children, Kelsey, and Indira for their support as well as colleagues for allowing her to continue in the position of Vice Chair. Mr. Proto congratulated Mr. Koplinka-Loehr and Mrs. McBean-Clairborne and asked they continue to follow Mr. Joseph's patient methods of hearing everyone and allowing discourse to occur. Proclamation Mr. Koplinka-Loehr presented a proclamation to Carole Fisher of Cooperative Extension and Liz Cameron of the Tompkins County Health Department proclaiming January 2008 as Radon Action Month in Tompkins County. Ms. Fisher spoke of Radon being the leading cause of lung cancer for non-smokers and provided members of the Legislature with written material outlining facts and how to test for radon. Privilege of the Floor by the Public Patrice Anthony, Ithaca, congratulated Mr. Koplinka-Loehr and Mrs. McBean-Clairborne as well as the entire Legislature for their having chosen them. She said they are capable of serving the County. Privile2e of the Floor by Legislators Ms. Robertson, District No. 13 Legislator, called attention to the recent flyer received from Cooperative Extension regarding green building seminars; she suggested interested individuals call Tompkins County Cooperative Extension for more information. She then spoke of the recent situation in Kenya, which is undergoing a nation -changing experience. She suggested BBC.com or www.allafrica.com to obtain more detailed information on the events occurring there. Ms. Robertson said a local family has a son in the Peace Corp in Nairobi who she hopes remains safe. She stated the situation shows how important elections and fairly counting the votes are. Mrs. McBean-Clairbome, District No. 2 Legislator, announced the annual Greater Ithaca Activities Center's (GIAC) Martin Luther King, Jr., Day breakfast would be held on January 19th at the Beverly J. Martin Elementary School. In addition, on Monday, January 21st a variety of events would occur between GIAC and Beverly J. Martin Elementary School. Mrs. McBean-Clairborne spoke of the development of a GIAC program two years ago as a result of teen violence. The teens indicated they were bored and consequently a grant application was completed by Ms. Robertson within a two-day period, that enabled a late-night teen program. This program, which began as a six-month pilot, is open to all teens within Tompkins County; the dance sock hop concert will take place on Friday, February 8th from 7 to 10 p.m., at the First Baptist Church of Ithaca. Ms. Herrera, District No. 5 Legislator, noted the deadline for public comment regarding the Draft Master Plan for the Black Diamond trail is January 15th. She suggested interested parties go to the internet site for the plan and noted the trail will help to bring physical activities to residents. Ms. Chock, District No. 3 Legislator, thanked Mr. Koplinka-Loehr for his welcome and address to the Legislature. She spoke of the Constitution of the United States and noted contrast in succession of leadership between what we have achieved and the current events in Kenya, and Pakistan. She is 8 January 2, 2008 interested in encouraging more participation and discussion, even when members are not in agreement to maintain and enhance the special place that is Tompkins County. Ms. Mackesey, District No. 1 Legislator, announced that during the week of January 20th the New York State Department of Environmental Conservation would come to Ithaca to discuss the South Hill pollution issue. They will be addressing plans for mitigation, which Ms. Mackesey noted the issue is broadening in geography and complexity. Ms. Robertson provided members of the Legislature with information on the Strategic Tourism Planning Board's grant programs and awards. Presentation — Beautification Program Chrys Gardner, Beautification Coordinator, presented a slide show highlighting the work of the Beautification Program in Tompkins County. This program provides municipalities to utilize matching funds to enhance a variety of sites within the town/village. It was noted that Ms. Gardner will be leaving her position due to a relocation to Ireland. Following the presentation Mr. Dennis thanked Ms. Gardner for her hard work and assistance in bringing beauty to Tompkins County. Mr. Proto thanked Ms. Gardner for her ability to listen to suggestions and making modifications when necessary. He inquired about the signage for entering towns, noting several towns are interested in obtaining them. Ms. McPheeters said the signs have been designed and ordered and it is hoped to have them erected in the spring, bringing eleven signs to County borders on main highways. Addition of Resolution(s) to the Agenda On motion and duly seconded and unanimously adopted by voice vote by members present, the resolution entitled In Appreciation of Beautification Coordinator was added to the agenda: RESOLUTION NO. 1 - IN APPRECIATION OF BEAUTIFICATION COORDINATOR MOVED by Ms. Robertson, and unanimously seconded, and adopted by voice vote by members present. Ms. Gardner thanked the Legislature for what she found to be a fantastic learning experience. RESOLUTION ADOPTED. WHEREAS, the first thing that visitors to a town notice is how clean and neat it is or is not, and WHEREAS, the image presented by a beautifully clean town reveals a lot about the people who live there. Residents, however, can become so accustomed to their surroundings that they never notice the eyesores and unsightly places they pass by everyday, and WHEREAS, a tourism program of community beautification is one from which everyone can profit and one in which almost every member of the community can participate, and WHEREAS, on January 1, 2003, the Tompkins County Legislature, upon recommendation of its Strategic Tourism Planning Board, budgeted Room Tax funds to start a community beautification program in Tompkins County, and WHEREAS, Chrys Gardener began serving as the Beautification Coordinator for Tompkins County, and WHEREAS, Chrys has assisted and facilitated town and city governments in developing beautification plans, and WHEREAS, she personally planted thousands of plants and has organized volunteers to plant tens of thousands of plants thereby beautifying communities throughout our County, and WHEREAS, she served as the driving force in developing a comprehensive plan for beautification, and 9 January 2, 2008 WHEREAS, she inspired others throughout the county to create beauty in their own areas, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the Tompkins County Legislature recognizes the many significant contributions that our Beautification Coordinator, Chrys Gardener, 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 Chrys, as we applaud her achievements in making Tompkins County a beautiful place to live. SEQR ACTION: TYPE II -20 Chair's Report Mr. Koplinka-Loehr requested Committee Chairpersons to take time following the meeting to determine if the proposed meeting schedules are acceptable. Report from the County Administrator Mr. Whicher, congratulated Mr. Koplinka-Loehr and Mrs. McBean-Clairborne, and thanked Mr. Joseph as well for his work. He then asked Legislators to complete the budget survey they were provided, noting it is used as a planning tool for subsequent budget reviews. Mr. Whicher welcomed Ms. Chock to the Legislature. Report from the Finance Director Mr. Squires reported that tomorrow the official bids will occur for the County's financing. He indicated the document prepared for Federal Communications Commission filing for the financing is extensive and he takes the information contained within it very seriously. Presentation — 55 Brown Road — Proposed Health Department Building Mr. Marx provided a brief overview of the work completed by the Health Department Building Construction Committee to date. He noted the work completed has been to evaluate, look at the building structurally, and determine how the programs of the Health Department could be accommodated in the building. As a result, he believes the conceptual design indicates the building is functional and would work for the Health Department programs, accommodating current and future needs within the building and the long-term options of additions if required in the future. Mr. Marren of LaBella Associates reviewed the conceptual plans for the 33,000 sq. ft. building. The review included the layout of the various programs and possible additions to the building if needed in the future. Following the presentation Mr. Proto inquired whether there are cost estimates for the addition options. Mr. Marx indicated that the cost would be determined at the time an addition is considered. Mr. Proto stated he believes it would be beneficial to have an estimate for potential additions in order to determine if the building is the best choice. Ms. Herrera also expressed a desire to be provided comparison figures to assist in determining the best option for the Health Department. She also inquired whether the glass would be LEED eligible. Mr. Marren said the windows are comparable to what is available and are insulated glass. He said there are some areas of the frame that will require gasket replacements. Ms. Herrera also expressed concern that a lack of natural lighting may occur within the building as well. She asked why there is a high grossing factor for the building. Mr. Marren indicated part of the reason is due to the building design as well as 10 January 2, 2008 having mechanicals upon the roof. Ms. Herrera then asked about the square footage of the conference room's initial design and how it compared to the potential addition. Mr. Marren noted the original design was for 1,000 sq ft. conference room, with a 500 sq. ft. educational room that could be opened up. The addition would be 1,200 sq. ft. with the education room being maintained, although in its original position. In addition, Mr. Marren noted the design would provide 26 to 33 LEED credits that would make it a certified building. Ms. Herrera thanked all the staff that worked on the project. Ms. Mackesey stated the issue of additions is confusing the basic question of whether the building is adequate for the present Health Department programs. She does not believe it is necessary to be provided additional information on additions as they are not under consideration at the present time. Ms. Chock was provided information regarding the basic lease/purchase of the property. In response to her inquiry of useful life of the building, Mr. Marren said the standard is 50 years, although the roof would require work after approximately 20 years, and the air handling equipment would be 20 to 25 years. Mr. Proto inquired whether the 104 work stations/83 full-time equivalent staff are provided adequate work area as proposed in the County standards. Mr. Marx indicated that the areas meet and sometimes exceed the County standards. Ms. Robertson pointed out that 104 available workstations represents space for approximately twenty-five percent growth above current staffing levels. Mr. Dennis noted that the many questions raised regarding the building have been answered and that it appears the building would be adequate for the Health Department. He said the only question he has is whether Cornell University would approve any additions, and was informed that Cornell University is amenable to any proposed addition. desired. Mr. Koplinka-Loehr noted the lease/purchase agreement is available for Legislators to review if I\4r. Shinagawa arrived at this time. Chair's Report— Continued Mr. Koplinka-Loehr presented Mr. Stevenson with a 20 -year service award, and Mrs. McBean- Clairborne with a five-year service award. He noted that the awards should have been presented in 2006. Report from the County Attorney Mr. Wood, County Attorney, did not have a report. Addition of Resolution(s) to the Agenda There were no other resolution added to the agenda. Withdrawal of Resolution(s) from the Agenda There were no resolution(s) to be withdrawn from the agenda. Approval of Appointment(s) Under the Consent Agenda It was MOVED by Mr. Joseph, seconded by Mr. Dennis, and unanimously adopted by voice vote by members present, to approve the following appointment(s) under the Consent Agenda: 11 January 2, 2008 Youth Services Board Gale Smith Town of Ithaca 12/31/10 Emergency Committee Review and Oversight Committee Edward Abruzzo NYS Police 12/31/10 Leslie P. Gifford III Vol. Ambulance Squad 12/31/10 Jason Fulton West side — Fire/EMS 12/31/10 Fire, Disaster, and EMS Advisory Board David H. Cornelius At -large 12/31/10 Criminal Justice Advisory/Alt. to Incarceration Board John P. Beach Crime Victim 12/31/10 Peter J. Meskill Sheriff 12/31/10 Linda Riley Director of Community Services 12/31/10 Betty F. Poole Town/Village Court Judge 12/31/10 William Furniss, Jr. At -large 12/31/10 Diana Bodnar DSS 12/31/10 Susan Cook County Attorney's Office 12/31/10 Judith Saul Agency providing mediation Services 12/31/10 Advisory Board on Indigent Representation Deborah Dietrich 12/31/10 Diane V. Bruns 12/31/10 Kelly A. Damm 12/31/10 Traffic Safety Committee Fernando de Aragon MPO 12/31/10 Family Court Advisory Council Louise Miller At -large 12/31/10 Mary Cole Schools 12/31/10 Patricia M. Karr -Segal Family and Children's Service 12/31/10 Diane Withiam At -large 12/31/10 STOP -DWI Advisory Board Ronald H. Schoneman At -large 12/31/10 Stu Bergman Substance Abuse Subcommittee 12/31/10 Sonja Seamon Restaurant/Tavern/Hotel 12/31/10 Peter J. Meskill Sheriff 12/31/10 Report and Presentation of Resolution(s) from the Public Safety Committee Mrs. McBean-Clairborne, Chair, reported the Committee met on December 20. She noted the Sheriffs report should be forthcoming as soon as final billing figures are received, however, it appears the board -out expenses may be half of last year's expenses and the number of inmates is down from last year. In 2008, the Sheriff will be addressing the SWAT team and vehicle in use. The vehicle is in need of replacement and the 2007 Committee recommends that the new Committee will discuss how the County can become a community partner to assist in the purchase of a new vehicle. Mrs. McBean- Clairborne spoke of the report from Offender Aid and Restoration regarding the bail fund program, noting that in 2007, 69 individuals had been assisted versus 48 in 2006. The Committee also heard from Ms. Younger regarding the Criminal Justice Data Communication System, discussing the need of guidance regarding the structure. She noted there would be oversight on the project, which is very useful to all public safety agencies in the area. It is hoped to have the technical assistance from State and Federal 12 January 2, 2008 departments. She also spoke of tracking individuals to determine trends and assist in appropriately developing programs. Mrs. McBean-Clairborne spoke of concerns regarding the Criminal Justice Center Building (the Old Library) and what can be done to improve conditions. The Committee also reviewed goals for 2007. RESOLUTION NO. 2 — APPROPRIATION FROM CONTINGENT FUND — TERMINAL -PAY REIMBURSEMENT— SHERIFF'S OFFICE — JAIL MOVED by Mrs. McBean-Clairborne, seconded by Mr. Hattery. A short roll call resulted as follows: Ayes — 14, Noes — 0, Excused — 1 (Legislator Kiefer). RESOLUTION ADOPTED. WHEREAS, the Sheriffs Office had three (3) Correction Officers resign, two (2) effective August 8, and one (1) on September 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 Public Safety and Budget and Capital Committees, That the Director of Finance is hereby authorized and directed to make the following budget appropriation for 2007: FROM: A1990.54440 Contingent Fund $9,093 TO: A3150.51000290 Correction Officers $6,542 A3150.58800 Fringes $2,551 SEQR ACTION: TYPE II -20 RESOLUTION NO. 3 — APPROPRIATION FROM CONTINGENT FUND — REPLACEMENT PAY — SHERIFF'S OFFICE - JAIL MOVED by Mrs. McBean-Clairborne, seconded by Ms. Mackesey. A short roll call resulted as follows: Ayes — 14, Noes — 0, Excused — 1 (Legislator Kiefer). RESOLUTION ADOPTED. WHEREAS, the Sheriff's Office has four (4) employees out on medical leave for greater than two months in the Jail, 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 Public Safety and Budget and Capital Committees, That the Director of Finance is hereby authorized and directed to make the following budget appropriation for 2007: FROM: A1990.54440 Contingent Fund $67,663 TO: A3150.51000290 Corrections Officer $48,678 A3150.58800 Fringes $18,985 SEQR ACTION: TYPE II -20 RESOLUTION NO. 4 - APPROPRIATION FROM CONTINGENT FUND - REPLACEMENT PAY — DEPARTMENT OF PROBATION AND COMMUNITY JUSTICE MOVED by Mrs. McBean-Clairborne, seconded by Ms. Robertson. A short roll call resulted as follows: Ayes — 14, Noes — 0, Excused — 1 (Legislator Kiefer). RESOLUTION ADOPTED. WHEREAS, the Department of Probation and Community Justice had an employee out on disability for greater than two months in the Core Probation Services Program, and WHEREAS, the Fiscal Policy of Tompkins County allows for replacement pay from the Contingent Fund, now therefore be it 13 January 2, 2008 RESOLVED, on recommendation of the Public Safety and Budget and Capital Committees, That the Director of Finance is hereby authorized to make the following adjustment to his books for 2007: FROM: A1990.54440 Contingent Fund $5,553 TO: A3142.51000585 Probation Officer $3,995 A3142.58800 Fringes $1,558 SEQR ACTION: TYPE II -20 Report from the Workforce Diversity and Inclusion Committee Mrs. McBean-Clairborne, Chair, reported the Committee did not meet since the last Legislature meeting. They will meet next January 23"d. Mr. Koplinka-Loehr noted the Committee would now become an advisory board. Report from the Health and Human Services Committee Nlr. Shinagawa, Chair, reported the Committee has not met since the last Legislature meeting. Report from the Facilities and Infrastructure Committee Ms. Herrera, Chair, reported the Committee has not met since the last Legislature meeting. Report from the Personnel Committee Mr. Dennis, Chair, noted the name change for 2008 to Human Resources Committee. He then reported that $12,500 was donated by County employees to the United Way. Mr. Dennis reported that labor negotiations are at impasse and meetings will continue with all parties. The County Administrator Search Committee will meet on January 3"d. He expressed his disappointment that a local radio station announced the names of individuals they feel may be in line for the position of County Administrator. He said the report should have provided the County an opportunity to comment on, noting that potential candidates hearing the report could find it troubling. Mr. Dennis would appreciate it if the media would contact an appropriate Committee member prior to a report. He said the issue of management salaries will be coming before the Committee again and noted the three percent figure was not acceptable to the bargaining units. Mr. Dennis said he would like to keep the second Wednesday for Committee meetings. He also said he is bothered by the reports regarding Legislator attendance at meetings, stating there are times an absence cannot be avoided. Mr. Proto expressed appreciation to Mr. Dennis for his remarks about former Legislator Richard Booth at his reception. Report and Presentation of Resolution(s) from the Government Operations Committee Mr. Stevenson, Chair, said the Committee will meet January 11t RESOLUTION NO. 5 - ADOPTION OF REVISED ADMINISTRATIVE POLICY — 01-04 — MODIFYING THE ADMINISTRATIVE MANUAL: THE POLICIES AND PROCEDURES OF TOMPKINS COUNTY GOVERNMENT MOVED by Mr. Hattery, seconded by Ms. Mackesey. Ms. Chock requested clarification of what the amendments were. Ms. Younger, Deputy County Administrator, stated the amendments provide clarity of the process to be followed. 14 January 2, 2008 Mr. Proto noted that Section 2 of the policy is directed to staff' and departments; however, there is an opportunity for Legislators to weigh in during the process. He suggested that Step 6 provide Legislators with information on suggested language amendments and the name of the contact person, saying he is concerned that Legislators have an opportunity to have knowledge of and make suggestions if desired on an equal basis to staff' and department heads. In response to a question from Ms. Robertson regarding the difference between a policy and procedure, Ms. Younger said from an operational standpoint the procedure outlines the best way to appropriately carry out a policy. A voice vote on the resolution resulted as follows: Ayes — 14, Noes — 0, Excused — 1 (Legislator Kiefer). RESOLUTION ADOPTED. WHEREAS, there is a need to establish a clear procedure for amending the Administrative Policy 01-04 and to ensure that all policies and procedures of the Administrative Manual are reviewed and updated through a coordinated and monitored process, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the following Administrative Policy is hereby revised and adopted: 01-04 — Modifying the Administrative Manual: The Policies and Procedures of Tompkins County Government SEQR ACTION: TYPE II -20 RESOLUTION NO. 6 - ESTABLISHING 2008 MEETING DATES (Resolution Lost) MOVED by Mr. Sigler, seconded by Ms. Mackesey. Ms. Chock inquired whether the proposed meeting dates would adversely affect the work of Department Heads and was informed it would not. Mr. Stevenson said previously he had opposed the suggested changes to the meeting schedule, however as a result of his observations he believes the schedule accommodates the need to be flexible at that time of year as well as facilitating operations appropriately. Ms. Herrera believes the original proposed meeting schedule is appropriate, if desired, an individual could request to be excused. Mr. Joseph stated that when he first became a Legislator the schedule was much like the one suggested, however as a result of the length of time between meetings compounded with large agendas the schedule was modified to provide two meetings, he would not support the resolution. Ms. Robertson noted that the Planning, Development, and Environmental Quality Committee work has many sequences to be maintained and the suggested schedule would create difficulties; she would not support the resolution. A voice vote on the motion resulted as follows: Ayes — 5 (Legislators Dennis, Hattery, Mackesey Sigler, and Stevenson); Noes — 9 (Legislators Chock, Herrera, Joseph, Koplinka-Loehr, McBean- Clairborne, Proto, Randall, Robertson, and Shinagawa); Excused — 1 (Legislator Kiefer). RESOLUTION LOST. RESOLVED, on recommendation of the Government Operations Committee, That the 2008 regular meetings of the Tompkins County Legislature are as follows: Wednesday, January 2, 2008 at 5:30 p.m. Tuesday, January 15, 2008 at 5:30 p.m. Tuesday, February 5, 2008 at 5:30 p.m. Tuesday, February 19, 2008 at 5:30 p.m. Tuesday, March 4, 2008 at 5:30 p.m. Tuesday, March 18, 2008 at 5:30 p.m. Tuesday, April 1, 2008 at 5:30 p.m. Tuesday, April 15, 2008 at 5:30 p.m. Tuesday, May 6, 2008 at 5:30 p.m. Tuesday, May 20, 2008 at 5:30 p.m. 15 Tuesday, Tuesday, Tuesday, Tuesday, Tuesday, Tuesday, Tuesday, Tuesday, Tuesday, Wednesday, Tuesday, Tuesday, Tuesday, SEQR ACTION: TYPE June 3, June 17, July 1, July 22, August 19, September 2, September 16, October 7, October 21, November 5, November 18, December 2, December 16, II -20 January 2, 2008 2008 at 5:30 p.m. 2008 at 5:30 p.m. 2008 at 5:30 p.m. 2008 at 5:30 p.m. 2008 at 5:30 p.m. 2008 at 5:30 p.m. 2008 at 5:30 p.m. 2008 at 5:30 p.m. 2008 at 5:30 p.m. 2008 at 5:30 p.m. (Tuesday, November 4 - Election Day) 2008 at 5:30 p.m. 2008 at 5:30 p.m. 2008 at 5:30 p.m. RESOLUTION NO. 7 - ESTABLISHING 2008 MEETING DATES (AMENDED BY RESOLUTION NO. 151 OF 2008) MOVED by Mr. Stevenson, seconded by Mr. Hattery, and unanimously adopted by voice vote by members present. RESOLUTION ADOPTED. RESOLVED, on recommendation of the Government Operations Committee, That the 2008 regular meetings of the Tompkins County Legislature are as follows: Wednesday, January 2, 2008 at 5:30 p.m. Tuesday, January 15, 2008 at 5:30 p.m. Tuesday, February 5, 2008 at 5:30 p.m. Tuesday, February 19, 2008 at 5:30 p.m. Tuesday, March 4, 2008 at 5:30 p.m. Tuesday, March 18, 2008 at 5:30 p.m. Tuesday, April 1, 2008 at 5:30 p.m. Tuesday, April 15, 2008 at 5:30 p.m. Tuesday, May 6, 2008 at 5:30 p.m. Tuesday, May 20, 2008 at 5:30 p.m. Tuesday, June 3, 2008 at 5:30 p.m. Tuesday, June 17, 2008 at 5:30 p.m. Tuesday, July 1, 2008 at 5:30 p.m. Tuesday, July 15, 2008 at 5:30 p.m. Tuesday, August 5, 2008 at 5:30 p.m. Tuesday, August 19, 2008 at 5:30 p.m. Tuesday, September 2, 2008 at 5:30 p.m. Tuesday, September 16, 2008 at 5:30 p.m. Tuesday, October 7, 2008 at 5:30 p.m. Tuesday, October 21, 2008 at 5:30 p.m. Wednesday, November 5, 2008 at 5:30 p.m. (Tuesday, November 4 - Election Day) Tuesday, November 18, 2008 at 5:30 p.m. Tuesday, December 2, 2008 at 5:30 p.m. Tuesday, December 16, 2008 at 5:30 p.m. SEQR ACTION: TYPE II -20 16 January 2, 2008 Report from the Planning, Development, and Environmental Quality Committee Ms. Robertson, Chair, reported the Industrial Development Agency bonding for Tompkins Cortland Community College will require a meeting of the Committee prior to the next Legislature meeting. She will contact members to determine the time. Report from the Budget and Capital Committee Mr. Koplinka-Loehr, Chair, reported the Committee has not met since the last Legislature meeting, however, a poll on items presented to the Legislature took place. Adjournment On motion, the meeting adjourned at 8:15 p.m. 17 January 15, 2008 Regular Meeting Call to Order Mr. Koplinka-Loehr 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. Presentation of Distinguished Youth Award Mr. Koplinka-Loehr presented the Distinguished Youth Award to members of the GIAC (Greater Ithaca Activities Center) Teen Theatre Program. The youth program was recognized for their monologues on individuals who have inspired them and performing those monologues publicly at GIAC, Ithaca College, and the Kitchen Theater. Report from Municipal Official(s) Karen Billings, Town of Ithaca Clerk, distributed the Town of Ithaca brochure. She said the Town hopes to have a Board member attend a Legislature once a month to report on Town activities. She also said the Town of Ithaca has approximately 700 units of proposed housing in the town; because of the substantial number of housing units being planned it will have an impact on the County's infrastructure. The Town wants to partner with the County and other municipalities to do whatever it can to bring in the types of housing that can cut across all economic levels. Maria Coles, City of Ithaca Common Council member, spoke following Privilege of the Floor by Legislators. Privilege of the Floor by Legislators Mr. Dennis, District No. 15 Legislator, applauded the Wegmans Corporation for the discontinuation of tobacco sales. Ms. Robertson, District No. 13 Legislator, announced there will be a tourism grants workshop on January 22' at 2:30 p.m. at the Chamber of Commerce. She also announced 2008 is the 25th anniversary of the founding of the CDRC (Community Dispute Resolution Center). She said celebratory events will take place in Schuyler, Chemung, and Tompkins Counties. Mr. Proto, District No. 7 Legislator, said he and Legislator Chock attended the TCAT ribbon - cutting ceremony with Congressman Hinchey. In addition, several Legislators had an opportunity to meet with Senator Schumer to discuss economic development. The issue he raised with the Senator that was of importance to residents was access to the universal fund for telephone and internet access. Mrs. McBean-Clairborne, District No. 2 Legislator, said the Department of Justice has been involved with the Ithaca City School District and the community about some of the issues that have been happening, and announced the Department will host a forum on January 17`h at 7 p.m. at the Clarion for 18 January 15, 2008 people to speak out about the issues that have been occurring as well as begin to think about ideas for change. Ms. Mackesey, District No. 1 Legislator, reported the Department of Environmental Conservation will be in town to hold a public meeting on January 24th to talk about the pollution on South Hill and the solvent TCE that was found under many homes in that area. The meeting will take place at 6:30 p.m. at the Town of Ithaca office. Mr. Stevenson, District No. 7 Legislator, spoke about public access to automatic external defibrillators (AEDs) and said he is often reminded of the profound impact these devices can have. Mr. Stevenson said a little work was done last year but he will be initiating discussions again about the County getting on board and becoming one of the many entities who have access and AEDs available. Report from Municipal Official Maria Coles, City of Ithaca Common Council member, thanked Mr. Joseph for his service as Chair of the Legislature. She also congratulated Mr. Koplinka-Loehr and Mrs. McBean-Clairborne for election to their positions as Chair and Vice Chair. Ms. Coles reported the City has new storm water runoff legislation; this is a new unfunded State mandate but one that is extremely important because it deals with erosion, pollution, and the considerable sedimentation in the waterways. This local law was enacted last month and it will provide considerable regulation in the size and slope of lots for which construction is going on. Ms. Coles also reported the City has been working on off-street backyard parking, and said legislation has been rewritten and will go to committee and will be followed by many public meetings. She also said the City and Cornell have been engaged in discussions for a new design for the Collegetown area. She spoke of the one-year moratorium on construction that was instituted and was absolutely necessary so that the flood of requests for construction would not be filled as the new design was being developed by consultants. Ms. Coles also reported the City is working on a workplace violence prevention program, the City and Town are in the beginning stages of a collaborative comprehensive plan. She also reported on the Restore New York Grant for the Ithaca Gun site. Presentation — 2008 Revaluation Update Valeria Coggin, Director of Assessment, provided the Legislature with an update on the 2008 Revaluation. Ms. Coggin said since the action of this Legislature in 2006, the County is on a triennial assessment cycle, which means in the third year properties have to be revalued at 100 percent of their full market value. She said that work is complete and the reports are being prepared. Overall, it appears to be a regular revaluation and one-third of the properties will be paying about the same amount of taxes as last year, not including budget increases; one-third will be paying more. The overall increase seems to be for County taxation purposes between 15 and 20 percent. She expects a lot of response from the public, not because taxpayers disagree with their assessment, but because a lot of questions will be generated. Beginning January 25th, notices will be sent out on a town -by -town basis. She noted one difference in the process this year is the increase in public information efforts. Mr. Shinagawa said at yesterday's Budget and Capital Committee meeting it was emphasized how important it will be this year for everyone to refer to the tax levy and not the tax rate. She said while comparables will not be included in tax bills, taxpayers may call the Office and staff will inform them of what was used. Ms. Coggin said public information meetings will be held with various groups in addition to open houses being held in all municipalities. Report and Presentation of Resolution(s) from the Planning, Development, and Environmental Quality Committee Ms. Robertson, Chair, had no report. A list of liaisons has been distributed to members of the Committee; she asked that members respond to her with interest in serving in this capacity. The next meeting will be February 14th 19 January 15, 2008 RESOLUTION NO. 8 — 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 THE ISSUANCE BY THE TOMPKINS COUNTY INDUSTRIAL DEVELOPMENT AGENCY OF UP TO $18,500,000 AGGREGATE PRINCIPAL AMOUNT CIVIC FACILITY REVENUE BONDS (TOMPKINS CORTLAND COMMUNITY COLLEGE FOUNDATION, INC., PROJECT), SERIES 2008 (Exhibit A on file with the Clerk of the Legislature) MOVED by Ms. Robertson, seconded by Mr. Hattery. Ms. Kiefer said she always likes to look at the environmental assessment forms that go along with this type of resolution and noted that document was not available until yesterday, which is not really timely. A short roll call vote resulted as follows: Ayes — 15, Noes — 0. RESOLUTION ADOPTED. 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 "Issuer") that, in order to assist in the financing of a certain Project (as defined below) for the benefit of Tompkins Cortland Community College Foundation, Inc., (the "Institution") the Issuer proposes to issue, contingent upon the adoption of this Resolution, its Civic Facility Revenue Bonds (Tompkins Cortland Community College Foundation, Inc., Project), Series 2008, in an aggregate principal amount not to exceed $18,500,000 (the "Bonds"), and WHEREAS, the project (the "Project") shall consist of (A) the construction on an approximately 70 -acre parcel of land located on Far View Drive, Town of Dryden, Tompkins County, New York (the "Land") of two (2) buildings containing in the aggregate approximately 102,000 square feet to be used by the Company to provide housing and related services to approximately 268 students (the "Building"); (B) the acquisition and installation in and around the Building of certain items of machinery, equipment, furniture, and other tangible personal property (the "Equipment" and, collectively with the Land and the Building, the "Facility"); (C) the payment of certain costs and expenses incidental to the issuance of the Bonds (as hereinafter defined) (the costs associated with items (A) through (C) above being hereinafter collectively referred to as the "Project Costs"); and (D) the lease (with an obligation to purchase) or sale of the Facility 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 Dryden Town Board issued a negative declaration with respect to the Project on January 12, 2006, as amended on January 9, 2008, (as so amended, the "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"), a copy of which is attached hereto as Exhibit A, 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 Legislature after a public hearing to consider the issuance of the Bonds has been conducted following reasonable public notice, and WHEREAS, on December 31, 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 Institution's application to the Issuer for financial assistance; and (b) the notice of public hearing published by the Issuer in the Ithaca Journal, along with the affidavit of publication of such newspaper, and WHEREAS, the Legislature, after due consideration of the foregoing, as the "applicable elected representative" of Tompkins County, New York, within the meaning of Section 147(f)(2)(E) of the Code, desires to approve the issuance of the Bonds; provided, that, the principal, premium, if any, and interest on the Bonds shall be special obligations of the Issuer and shall never be a debt of the State of New York 20 January 15, 2008 (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, the Tompkins County, New York shall be liable thereon, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, and by the Legislature of Tompkins County, That: Section 1. For the purpose of satisfying the approval requirement of Section 147(f) of the Code, on the recommendation of the Planning, Development & 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, New York and neither the State nor any political subdivision thereof including, without limitation, Tompkins County, New York shall be liable thereon. This approval is given pursuant to Section 147(f) 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: Unlisted (EAF prepared by Town of Dryden and is on file with the Clerk of the Legislature) Report and Presentation of Resolution(s) from the Facilities and Infrastructure Committee Mrs. McBean-Clairborne, Chair, reported the Committee met before this meeting to take action on the resolutions on this evening's agenda. RESOLUTION NO. 9 — MAKING A NEGATIVE DETERMINATION OF ENVIRONMENTAL SIGNIFICANCE IN RELATION TO RESOLUTION NO. 10 OF 2008, APPROVING THE ACQUISITION (PURCHASE AND LEASE) OF PROPERTY LOCATED AT 55 BROWN ROAD, VILLAGE OF LANSING, NEW YORK FOR USE BY THE TOMPKINS COUNTY HEALTH DEPARTMENT MOVED by Mrs. McBean-Clairborne, seconded by Ms. Kiefer. Mr. Proto asked if the SEQR determination is broken down into three pieces: economic, environmental, and social impacts. Mr. Marx said when it is an unlisted action the short form has only a few questions that pertain to environment that need to be answered. He said the Committee approved a negative determination of significance. It was MOVED by Mr. Proto, seconded by Ms. Herrera, to direct staff to perform a long -form environmental impact assessment to address the environmental, economic, and social categories. Ms. Herrera said because discussions centered around potential additions to the building, there have been significant changes to the current building design. She said although there are no planned additions at this time, there may be a time when additions are again considered. She said the process was flawed and rushed and thinks a long -form environmental assessment is appropriate at this time. A roll call vote on the amendment resulted as follows: Ayes — 4 (Legislators Stevenson, Proto, McBean-Clairborne, and Herrera); Noes — 11 (Legislators Chock, Dennis, Hattery, Joseph, Koplinka- Loehr, Kiefer, Mackesey, Randall, Robertson, Shinagawa, and Sigler). AMENDMENT FAILED. 21 January 15, 2008 Ms. Herrera referred to points raised in a confidential memo and asked for guidance on how to proceed. Mr. Wood reviewed the memorandum and said the Legislature can enter into executive session to discuss personnel matters as it relates to the building and negotiation issues related to the building. It was MOVED by Mrs. McBean-Clairborne, seconded by Ms. Herrera, to enter into executive session at 6:37 p.m. to discuss personnel matters as it relates to the building and negotiations issues related to the resolution under consideration. A vote by show of hands resulted as follows: Ayes - 7 (Legislators Chock, Herrera, Kiefer, McBean-Clairborne, Proto, Shinagawa, and Sigler); Noes — 8 (Legislators Dennis, Hattery, Joseph, Koplinka-Loehr, Mackesey, Randall, Robertson, and Stevenson). MOTION FAILED. Ms. Chock said she worked in that building for a number of years when the Cornell University Alumni Affairs and Development Office was housed there. At that time there were 170 employees who occupied the building; this is far greater than the number of Health Department employees anticipated to work there. Ms. Chock said it is her opinion that the particular shape of the building worked well to promote interaction and communication between the various departments in the building. She also said the proposed use is similar to the previous use; therefore, she doesn't see a need for a long -form environmental assessment form. Ms. Robertson thinks the reuse of a building rather than construction of a new building will have a significant positive impact on the environment. Ms. Herrera said the increased travel distance that will be caused by the relocation of the Health Department will result in a significant increase in the usage of fuel and said this is another reason for the need of a long -form environmental assessment. A voice vote on the original resolution resulted as follows: Ayes - 11, Noes — 4 (Legislators Herrera, McBean-Clairborne, Proto and Stevenson). RESOLUTION ADOPTED. WHEREAS, Resolution No. 10 of 2008 would approve the acquisition (purchase and lease) of property located at 55 Brown Road in the Village of Lansing, New York for use by the Tompkins County Health Department after vacating its present location in Biggs Building B at 401 Harris B. Dates Drive, Ithaca, NY, 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 Resolution No. 10 of 2008 is an Unlisted action, RESOLVED, further, That the Tompkins County Legislature hereby determines that the acquisition of property at 55 Brown Road in the Village of Lansing for use by the Tompkins County Health Department 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 Resolution No. 10 of 2008. SEQR ACTION: (Short Environmental Assessment Form and Negative Declaration on file with the Clerk of the Legislature.) RESOLUTION NO. 10 — APPROVING THE ACQUISITION (PURCHASE AND LEASE) OF THE PROPERTY LOCATED AT 55 BROWN ROAD, VILLAGE OF LANSING, NEW YORK, FOR USE BY THE TOMPKINS COUNTY HEALTH DEPARTMENT 22 January 15, 2008 MOVED by Mrs. McBean-Clairborne, seconded by Mr. Dennis. It was clarified by Mr. Joseph that under Roberts Rules of Order, a Mover of a resolution may not speak against a resolution but does not have to support the resolution. It was MOVED by Mr. Proto, seconded by Ms. Herrera, to amend the third Whereas to read: "Whereas the Committee's work culminated with the decision to build a new building across from the existing Biggs site, the Legislature voted to select the property owned by Cornell Real Estate". Mr. Proto said it is important to recognize that the Health Department Building Committee met for three years and recommended a different site, and thinks it is important to recognize that Committee did not bring forward the site contained in the resolution. Mr. Sigler said while he does not think it necessarily a bad thing, many of the questions and issues that have been discussed at length several times continue to be raised. He asked those who oppose this site if there is anything short of construction of a new building at the Biggs site that would satisfy them. He said he would prefer everyone to be happy with this decision that involves a significant amount of money; however, an overwhelming majority of this Legislature is supportive of the Brown Road site primarily because it is $4 million less than construction at the Biggs site. Ms. Herrera said the premise that a lot of Legislators are operating under is that the proposed site will save $4 million. She said she cannot support that estimate of savings without answering all of the questions that need to be addressed. Ms. Kiefer agreed with Mr. Proto that it is reasonable to include an accurate statement of the Building Committee's report to the Legislature. It was MOVED by Ms. Kiefer, seconded by Mr. Shinagawa, to amend the amendment to read: "Whereas, the Health Department Building Committee forwarded a set of location choices but recommended the construction of a new building that would be across from the Biggs B building on West Hill". Ms. Herrera did not support the amendment to the amendment because it implies the Committee forwarded a set of recommendations. Mr. Joseph said he will vote for this amendment because he thinks it is an accurate reflection of what happened. However, he said everyone should clearly understand what did happen. The final recommendation out of the Health Department Building Committee was made on the same day a Legislature meeting was held; there was one person absent from the Committee meeting and there were two in favor of the new building at the West Hill and two in favor of the Brown Road building. He said he was on that Committee and he was one of those in support of the Brown Road building. It was clear that no proposal would move forward to the full Legislature based on a 2-2 vote so he switched his vote to vote in favor of the West Hill site so that the subject could move to the full Legislature. Mr. Joseph said he is troubled that the arguments back and forth have not included an admission of honest differences. He said most of those in favor of the Brown Road site believe they had the information needed to make a decision, that a correct decision was made, and that it does save $4.5 million. He said those who disagree have the right to do so, however, he wishes they could do so and agree that the disagreements are honest differences in opinion. Ms. Herrera said as Chair of the Facilities and Infrastructure Committee, she voted to consider the Brown Road site and did so in the spirit of open-mindedness, conciliation, and respect for others. She said she did so although she did not believe it was the right site but did so because other members thought it was important. She said there was a lack of consideration for her requests for additional information. 23 January 15, 2008 She said she has experience in construction and associated costs and has protested this action because those who requested further information were not treated fairly. A vote on the amendment to the amendment resulted as follows: Ayes — 14, Noes — 1 (Legislator Herrera). AMENDMENT TO THE AMENDMENT CARRIED. A vote on the amendment as amended resulted as follows: Ayes — 14, Noes — 1 (Legislator Herrera). AMENDMENT CARRIED. Mrs. McBean-Clairborne said she opposes this resolution because the process was rushed and there are many other legitimate questions that need to have discussions and answers. She said every Legislator has the right to ask more questions and have people respect them trying to get that information. She said she respects everyone's differences in opinion. Mr. Marx updated the Legislature on the activities that have taken place since the initial vote on this. A special committee comprised of Legislators and staff was created and examined the building and began the process for conceptual design. That Committee met several times through the fall and the consultant met several times with staff outside of those meetings. He said they have attempted to address every question raised by staff and Legislators and all of the questions he has received have been answered. Ms. Kiefer said her personal preference would be to construct a new building but she cannot justify spending additional money on a new building and leaving another functioning building on Brown Road. She thinks all information needed has been received and this can move forward. Mr. Stevenson agreed with Mrs. McBean-Clairborne's statement and that non-support of the Brown Road site is not synonymous with supporting the Biggs site. He said there was a point in the process where he desired to speak to constituents and acquaintances at the Health Department to ask about this potential move and he was unable to because of confidentiality reasons. Without being able to do the work he thought he needed to do to support the Brown Road site, he is unable to support this. He does not think the process was as open as it should have been. Ms. Robertson said this Legislature has a responsibility to the taxpayers to make a decision to stop spending money on costly repairs to a building that needs to be replaced. She sees the Brown Road site as an opportunity to save taxpayers $4.5 million. She said she is in receipt of letters of support from the Director of the Health Department and there are several comments from employees included in the Committee minutes that show employees have been engaged in discussions for a long period of time. Ms. Mackesey made the following statement: "Tonight we are voting on the new site for the County Health Department. This should be a moment of relief. Relief that we have finally found a new home for the Health Department away from the woefully inadequate present location. It should also be a time of excitement as staff anticipate a move to a workplace that fills their program space needs and provides a safe and pleasant work environment for them. "The path to this moment has not been very pleasant for some, because the process we used was not well thought out. For example, Health Department staff took time from their busy work schedules to respond to requests by Legislators for their opinions on specific sites being considered. Their overwhelming choice was a new building across the driveway from the present location. Not surprisingly, when the Legislature decided on the Brown Road site, Health Department staff felt unheard. She apologized to the Health Department employees for the way this was handled. We never should have solicited staff opinions on specific building sites. She regrets that the Legislature has an obligation to all 24 January 15, 2008 its staff and to the taxpayers that goes beyond site selection. Employee preference for one site over another has to be weighed against cost and other pressing County needs. Health Department staff should never have been put in the position they were. We need to develop a process for future building acquisition so that this situation won't reoccur. Tonight we need to separate out the faulty process by which we got here from the decision to move forward to buy a building that fills our needs and saves taxpayers over $4 million". She urged the Legislature to pass these resolutions. Mr. Randall said he, too, has experience in the field of construction. While he agreed the process was flawed at the beginning, he said all of the questions have been answered and he asked that Legislators put aside anger and trust issues as he thinks this is the best option for the taxpayers in this County. Mr. Dennis said his only concern is for County staff who may have been misrepresented along the way but who he thinks have done a commendable job bringing this issue to this point. Mr. Proto said this Legislature has a history of involving staff and stakeholders in evaluating sites and moving offices. He said he supports involving staff because they are the individuals who will work in the building. Mr. Proto said when you are about to vote on something of this magnitude you would expect employees or the head of the Department to be present championing this cause, however, they are not. Mr. Proto said this building will be adequate but he does not think this is a wise expenditure of money as he thinks it is a poor expenditure of taxpayer dollars and said construction and remodeling estimates have not been received. Mr. Proto said there have been serious questions about the process and thinks Legislators need to respect one another and each individual decision. Ms. Herrera said she is a proponent of the Biggs site. She thinks the Brown Road site will present issues about lighting and overall costs will be between $5.6 and $5.9 million. She also said cutting employees out of the process of providing input is wrong. Mrs. McBean-Clairborne said her not vote is not void of consideration of County taxpayers and saving taxpayer dollars. A roll call vote on the resolution as amended resulted as follows: Ayes — 11, Noes — 4 (Legislators Herrera, McBean-Clairborne, Proto, and Stevenson). RESOLUTION ADOPTED. WHEREAS, the Tompkins County Health Department needs to be relocated from its present site at Biggs Building B, 401 Harris B. Dates Drive, Ithaca, NY, due to the building's deteriorating condition and estimated renovation costs, and WHEREAS, the Health Department Building Committee, a special Legislature committee, was charged to bring to the Legislature a set of location choices for a new Health Department building, and WHEREAS, the Health Department Building Committee forwarded a set of location choices that recommended the construction of a new building across from the Biggs building site, and WHEREAS, the Legislature decided to select the property owned by Cornell Real Estate and located at 55 Brown Road in the Village of Lansing, New York as the preferred site for the relocation of the Health Department, and WHEREAS, a new committee, the Health Department Building Construction Committee comprised of stakeholders including Legislators, Health Department managers and staff, and Public Works staff responsible for the renovation/construction and maintenance of the building was created by the Legislature and charged with the responsibilities of taking part in selection of a design team, working with that team to ensure that the building meets the needs of the programs, staff and public who will use it, working within the adopted administrative policies regarding space standards, working within the established budget in the County Capital Program, moving the project forward to the design and renovation/construction phases needed to accommodate the Health Department's needs, and ensuring that the building will be energy efficient, cost efficient, and in accordance with the County's commitment to sound health and environmental standards, and 25 January 15, 2008 WHEREAS, legislative actions required and recommended by the Health Department Building Construction Committee to accomplish its charge must be brought to the Facilities and Infrastructure Committee for action and, as appropriate, forwarding to the Legislature, and WHEREAS, the Health Department Building Construction Committee has reviewed the consultant's building evaluation and conceptual floor plans and has reported to the Facilities and Infrastructure Committee that after renovations/construction and/or additions, the facility will be adequate to meet the present and future needs of the Health Department, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the building at 55 Brown Road be acquired (purchase and lease) for the amount of $3,000,000, RESOLVED, further, That the County Administrator or his designee is authorized to execute all contracts or agreements necessary to accomplish the acquisition. SEQR ACTION: Unlisted (Short Environmental Assessment Form and Negative Declaration on file with the Clerk of the Legislature.) Recess Chair Koplinka-Loehr declared recess at 7:44 p.m. The meeting reconvened at 7:51 p.m. Mr. Sigler was excused at 7:44 p.m. Report and Appointments from the Chair Chair Koplinka-Loehr reported on the Department Head meeting he attended and will share the information from the discussion with Legislators. He also announced there are a number of Martin Luther King events scheduled around town. Also he scheduled a meeting on February 5 with Committee Chairs at 4:30 p.m. Appointments Chair Koplinka-Loehr made the following appointments for 2008: Tompkins County Area Development Board of Directors Martha Robertson Chamber of Commerce Michael Koplinka-Loehr Frank Proto, Alternate Extension Service Duane Randall 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 Poet Laureate Paul Hamill 26 January 15, 2008 Workforce Diversity and Inclusion Committee Leslyn McBean-Clairborne, Chair Ethics Advisory Board Dooley Kiefer, Chair Report from the County Administrator Mr. Whicher spoke of the inaccuracies contained in the Ithaca Journal article this morning concerning the bills the County received from the State. The County had received the bills, but it was the difference between what was billed compared to what should have been billed over the years from the State that the County is now allegedly responsible for. Mr. Whicher also reported briefly on the assignment sheet distributed this evening to Legislators outlining responsibilities of Administration staff for 2008 including standing committees. Report from the County Attorney Mr. Wood did not have a report. Report from the Finance Director Mr. Squires distributed a report to Legislators showing the properties that are still outstanding with taxes and are subject to foreclosure. Originally there were 114 properties, now there are 18 remaining including 11 residential properties. Over $440,000 was recovered over the last two weeks in taxes owed. In addition, Mr. Squires reported on recent financing activities. Nine bids were received on BAN (Bond Anticipated Notes) with the low bid at a rate of 2.84 percent for a one-year bond. There were five bids received on STOA (State Transportation Operating Assistance) with a low -bid rate of 2.89 percent. Addition of Resolution(s) to the Agenda There were no resolutions added to the agenda. Withdrawal of Resolution(s) from the Agenda Mr. Koplinka-Loehr gave Mr. Stevenson permission to withdraw the following resolutions from the agenda: • Approval of Appointment to the Tompkins County Council of Governments (TCCOG) • Appropriation from Contingent Fund — Lansing Community Library Mr. Koplinka-Loehr gave Ms. Mackesey permission to withdraw the following resolutions from the agenda: • Making a Negative Determination of Environmental Significance in Relation to the Resolution Approving the Acquisition (Purchase and Lease) of Property Located at 55 Brown Road, Village of Lansing, New York for Use by the Tompkins County Health Department • Approving the Acquisition (Purchase and Lease) of the Property Located at 55 Brown Road, Village of Lansing, New York, for Use by the Tompkins County Health Department 27 January 15, 2008 Approval of Resolution(s) Under the Consent Agenda It was MOVED by Ms. Mackesey, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present, to approve the following resolution under the Consent Agenda. RESOLUTION NO. 11 — AUTHORIZATION FOR 2008 TO PARTICIPATE IN VARIOUS NEW YORK STATE COUNTY CONTRACTS MOVED by Ms. Mackesey, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, as of July 18, 2007, New York State Legislature has amended Subdivision 3 of Section 103 of the General Municipal Law to allow counties to participate in another county's contract for materials, equipment, or supplies, or contract for services, and WHEREAS, the Finance Department is recommending annual authorization and may determine throughout the 2008 fiscal year that it would be in the County's best interest to participate in another County's contract, and WHEREAS, the Finance Department has the ability to analyze whether it is in the County's best interest to participate in another County's contract and recommend this authority for 2008, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That Tompkins County is hereby authorized to exercise the option to participate in any other New York State County's bid for materials, equipment, or supplies, or contract services as authorized by General Municipal Law, Subdivision 3, Section 103, RESOLVED, further, That the County Administrator, or his designee, be and hereby is authorized to execute required contract documents. SEQR ACTION: TYPE II -20 Approval of Appointments Under the Consent Agenda It was MOVED by Ms. Mackesey, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present, to approve the following appointments under the Consent Agenda: Environmental Management Council Stephen Nichols — Town of Caroline representative; term expires December 31, 2009 Fire, Disaster, and EMS Advisory Board Lyle Neigh — City of Ithaca representative; term expires December 31, 2010 Report from the Workforce Diversity and Inclusion Committee Mrs. McBean-Clairborne, Chair, said the Committee has not met. The next meeting is January 23"1 at 3:30 p.m. Report from the Health and Human Services Committee Mr. Proto, Chair, said the Committee will meet February 6th. Discussion will continue on the situation concerning the Visiting Nurse Services and the need to fill the gap. He asked Committee members to let him know if there were any items to be considered in the work plan. 28 January 15, 2008 Presentation of Resolution(s) and Report from the Human Resources Committee RESOLUTION NO. 12 — ESTABLISHING SALARIES OF MANAGEMENT EMPLOYEES, 2008 MOVED by Mr. Dennis, seconded by Ms. Mackesey. A short roll call vote resulted as follows: Ayes — 14, Noes — 0, Excused — 1 (Legislator Sigler). RESOLUTION ADOPTED. WHEREAS, from 1988-2007, the Legislature has reviewed the salary schedules for Management, and WHEREAS, the schedule developed during that time period to bring management salaries into alignment with the County's pay -grade scale is anticipated to be completed no later than 2009, now therefore be it RESOLVED, on recommendation of the Human Resources Committee, That all incumbents in Management positions on January 1, 2008, shall receive an increase of 2.25 percent if their salary exceeds the current salary schedule or 3.0 percent if their salary is in conformance with the relevant salary schedule. SEQR ACTION: TYPE II — 20 Mr. Dennis briefly updated the Legislature on negotiations with the various bargaining units. The County is at impasse with the White Collar, Blue Collar, and Road Patrol units. Report and Presentation of Resolution(s) from the Government Operations Committee Mr. Stevenson, Chair, said the Committee met January 11th and reviewed and discussed the 2007 goals. Most of the Committee's business is reflected on this evening's agenda. RESOLUTION NO. 13 - ADOPTION OF CASH MANAGEMENT AND INVESTMENT POLICY MOVED by Mr. Stevenson, seconded by Ms. Kiefer. Mr. Proto disclosed that his wife works at Tompkins County Trust Bank and that he is employee of the HSB bank. A voice vote resulted as follows: Ayes — 14, Noes — 0, Excused — 1 (Legislator Sigler). RESOLUTION ADOPTED. WHEREAS, Article 2 -Section 10 of the General Municipal Law requires each local government to authorize depositories for public funds, and WHEREAS, Article 2 -Section 11 of the General Municipal Law requires each local government to authorize Permitted Investments for public funds not required for immediate expenditure, and WHEREAS, Article 3 -Section 39 of the General Municipal Law requires each local government to adopt a comprehensive investment policy which details the local government's operative policy and instructions to officers and staff regarding the investment of public funds, and that the Investment Policy shall be annually reviewed by the local government, and WHEREAS, the Government Operations Committee considered the 2007 policy and minimal changes are being recommended to it for the 2008 policy, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the Cash Management and Investment Policy dated January 2008, is hereby adopted. SEQR ACTION: TYPE II -20 Report from the Budget and Capital Committee Mr. Shinagawa, Chair, said the Committee met January le and reviewed goals. The Committee also discussed the Ithaca Journal article and the inaccuracies as reported earlier by Mr. Whither. The Fiscal Policy will be reviewed at a future meeting and a discussion will be held on bringing forward 29 January 15, 2008 budget requests outside the budget process. The Committee will also be discussing the Reserve Fund Balance. Mr. Koplinka-Loehr announced there are six Legislators registered for the New York State Association of Counties conference and asked if there were any topics of interest to be raised to let him know. Report from the Public Safety Committee Mr Joseph, Chair, said he did not have a report. Approval of Minutes of December 18, 2007 and January 2, 2008 It was MOVED by Mr. Proto, seconded by Ms. Robertson, and unanimously adopted by voice vote by members present, to approve the minutes of the December 18, 2007, and January 2, 2008, meetings as submitted. MINUTES APPROVED. Adjournment On motion, the meeting adjourned at 8:12 p.m. 30 February 5, 2008 Regular Meeting Call to Order Mr. Koplinka-Loehr, 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: 15 Legislators (Legislator McBean-Clairborne arrived at 5:44 p.m.). Privilege of the Floor by the Public Will Burbank, Town of Ithaca Council member, provided an update on activities and projects undertaken by the Town. An 80 -bed assisted -living facility for Medicaid -eligible residents has been proposed and at this time site location is being considered which will require zoning modifications and have environmental issues to review. It is hoped the facility will be completed within one to two years. In addition, the Town is committed to pedestrian and bicycle trails, including the Gateway Trail, which includes the bridge over Elmira Road and will go past South Hill School and connect to the recreation trail. A grant in the amount of $150,000 was received by the State toward this effort. It is hoped to ultimately have this connect to the Black Diamond Trail. Mr. Burbank also reported the Town is collaborating with others regarding the Route 13 Corridor Study, and the County -led sewer and water study. Mr. Burbank said he is on the cable television oversight committee dealing with public access in the community, which allows the County and City to broadcast their meetings. He praised the County for providing the public with the opportunity to view the meetings and he expressed concern that the system is in peril due to changes occurring regarding franchises. Mr. Proto inquired whether the proposed assisted -living project would be in competition with existing services and was informed it was for a different purpose. Mr. Proto then reported there is some positive news forthcoming regarding the proposed closure of Lakeside as a result of the Berger Commission. He said the work of the special committee appears to have made positive progress. Report from Municipal Official(s) No municipal official provided a report at this time. Privilege of the Floor by Legislators Ms. Mackesey, District No. 1 Legislator, provided a reminder of the primary election, noting the polls were open until 9:00 p.m. Mr. Dennis, District No. 15 Legislator, reported the Cornell University Preservations Study student organizations benefit "Rock and Roll" concert is being held at the Chapter House on February 16t1. One preservation project the group is conducting is the boathouse located in Stewart Park. Mrs. McBean-Clairborne arrived at this time. Mr. Randall, District No. 9 Legislator, announced the Groton Winterfest would take place on February 16 and 17. The event will take place at the Groton Elementary School on Saturday, and on Sunday events would be held at Stonehedge's Golf Course. Mr. Proto, District No. 7 Legislator, reported there would be a Public Hearing regarding Iberdrola's acquisition of Energy East, New York State Electric and Gas, and Rochester Gas and Electric 31 February 5, 2008 on February 20th at the Ithaca Town Hall. He spoke of his recent correspondence to State and Federal officials requesting assistance to obtain some Universal Service Fund revenue for broadband service, noting he would like to see some of the funds collected locally being utilized within our area. His letter to Governor Spitzer was responded to, with the Governor's office stating the information will be passed to appropriate staff for further consideration. Mr. Proto requested clarification of the recent newspaper article relating to the loss of Industrial Development Agency (IDA) funding ability for not-for-profit business/agency. Mr. Joseph reported the IDA has two different functions: (1) giving out tax abatements for private businesses for job creation and the City density policy, and (2) issuance of tax-exempt bonds for civic facilities for construction projects of private, non-profit organizations. He said the legislation that allows issuance of tax-exempt bonds for civic facilities has expired. He said the IDA having knowledge of the expiration of this authority passed many authorizations prior to the date the authority expired. Mr. Joseph said there is a belief that the State will at some time provide reauthorization of issuance of the civic facility bonds, but may have conditions attached, such as requiring prevailing wage payments to construction workers. He said the Dormitory Authority is also allowed to issue this particular type of bonding, which is a competitor of IDAs. He said the County's Economic Development program is funded largely by the fees obtained for both types of projects, however, the bonding fees provide more revenue. Mr. Joseph said IDAs have captured a good deal of the civic bond projects as it is faster, less cumbersome, and less expensive than the Dormitory Authority. In addition, he said if the restriction is only placed upon IDAs it could shift the business back to the Dormitory Authority. He supports prevailing wages but would like to maintain the IDA's ability to provide bonding. Ms. Herrera said while she agrees with Mr. Joseph's analysis she noted the Dormitory Authority may still be cumbersome. She noted the IDA reform has passed the Assembly several times but has not yet gone through the Senate. Ms. Herrera said people should look at the entire issue as some provisions give her pause. Mr. Hattery noted that although the civic bonding authority has sunset, the Governor has provided additional revenue for the oversight agency. Ms. Chock, District No. 3 Legislator, spoke of her attendance at the New York State Association of Counties Conference New Legislator Orientation. She thanked the Department Heads for the orientation of some offices and expressed appreciation for their informing her of the various programs operated by the County. Ms. Chock said an item she learned was that counties within New York existed before there was an actual state. Mr. Joseph, District No. 12 Legislator, spoke of his attendance at the New York State Association of Counties Conference and State Corrections workshop. He reported that Duchess and Ulster Counties have experienced the same difficulties with the State Commission of Corrections as Tompkins County, namely requiring them to build a much larger jail than necessary. Ulster County did build a facility, which is much larger than necessary, and is seeking to receiving inmates as boarders. Dutchess County, which is in close proximity, chose not to build a new facility. When seeking approval to accept inmates as boarders, Ulster County was given permission to accept inmates from anywhere in the State but Dutchess County. Mr. Joseph views this restriction by the State Commission of Corrections as a blatant abuse of their power. Ms. Robertson, District No. 13 Legislator, also spoke of her attendance at the New York State Association of Counties Conference, noting there were workshops regarding jail expenses and the like, however nothing regarding sustainability. She noted Sullivan County, whose population is approximately 79,000 year-round, with an increase of approximately 250,000 during the summer, is being pressured to build a jail facility at a cost of $105 million including bonding. She noted that this figure does not include staffing costs. Ms. Robertson said the Governor's budget, however, calls for closing three to four State facilities. 32 February 5, 2008 Presentation — Empire Zone Program Heather Filiberto, Coordinator of the County's Empire Zone Program, said the Tompkins County Empire Zone, designated by New York State in 2006, has exceeded expectations during its first full year of operation. The Empire Zone program provides up to ten years of State tax incentives to qualifying businesses, which locate or expand within designated Zone areas. A business must meet minimum job creation and investment thresholds, then apply for Zone Certification, with Empire Zone benefits accruing in the form of income tax incentives after the jobs are created and investments made. Businesses apply for Zone Certification based on their projected growth over the next five years, but don't receive any benefits until they've actually created jobs or made capital investments. From two businesses certified at the end of 2006, employing an average of 131 people with overall annual capital investments of $2.8 million and earning $98,000 in Empire Zone tax credits, Ms. Filiberto reported 34 more businesses certified in 2007, with those businesses projecting 762 new jobs and $91 million in capital investments over the next five years. She predicted dramatic increases in the number of jobs, capital investments, and tax incentives earned for the 2007 tax year, arising from last year's significant growth in participation. New York State increased the Tompkins County Zone's administrative funding from $15,000 to $30,500, after issuing a very high rating to the local operation in its first annual performance review. Ms. Robertson inquired if there are any changes as a result of the Governor's recommended budget. Ms. Filiberto said one item of note was the business cost -benefit ratio, which is amended from 15/1 to 20/1; this may reduce the number of businesses eligible to participate. Mr. Hattery spoke of the excellent work Ms. Filiberto has done and expressed his appreciation for her dedication. Dr. Haynes also noted Ms. Filiberto does an extraordinary job. Presentation — Tompkins Cortland Community College State of the College Tompkins Cortland Community College President Dr. Carl Haynes presented the Legislature his annual president's report, assessing the state of the college as 2008 begins. Dr. Haynes said this is an exciting time for the college with what he called the "transformation" of the campus, with the first phase of the college's master plan nearly complete. The institution is currently preparing for its ten-year Middle States re -accreditation next month, and is engaged in a "very broad institutional conversation regarding where we are and where we are going." The focus is on six primary areas: residential campus development; improvement of the freshman year student experience; improving academic advising services; restructuring the college's administrative structure; examining student transportation issues; and continuing to develop meaningful institutional assessment processes. Dr. Haynes thanked the Legislature for its support of the college. Ms. Herrera expressed appreciation for the new format of the report and asked whether there would be training for green buildings and initiatives. Dr. Haynes indicated the building trades are addressing these items; in addition a committee is working on sustainability recommendations for the college. Report from the Chair Chair Koplinka-Loehr referred to the New York State Association of Counties Preliminary Report on the Impact of the 2008-09 Executive State Budget on County Government, in particular the portion dealing with the shared cost of child welfare programs and the cost shift for reimbursement of youth placed in detention facilities. Mr. Koplinka-Loehr noted it is difficult to respond to the proposed budget without further analysis by departments. 33 February 5, 2008 Mr. Joseph reported that Ken Crannell provided a walk-through of the proposed budget and included the Governor's analysis. The Governor's analysis indicated $349 million on the positive side to counties, however, this figure includes $274 million agreed upon previously regarding the Medicaid cap and Family Health Plus programs. One suggestion made is also collection of sales tax on internet sales. Overall, Mr. Joseph said it appears the shift of costs from State to County has returned. Mr. Shinagawa noted the next Budget and Capital Committee agenda will include a review of the proposed budget impacts on the County. Mr. Koplinka-Loehr spoke of his meeting with Committee Chairs prior to the Legislature meeting to review Committee process. He reported that assessment notices would be sent to residents and it appears that 1/3 will pay less, 1/3 the same, and 1/3 higher. He recommended any questions be referred to the Assessment Department. Report from the County Administrator Mr. Whicher reported each department has been requested to provide an analysis of the impact of the State budget that will enable Administration to prepare an overview of how it will affect the County budget. He reported that Tompkins County Council of Government's Chair Donald Barber and he went to the State Insurance Department to discuss the SMSI Health Insurance grant initiative and the potential obstacles; the Governor's budget addresses almost everything that had been indicated necessary for the project. He then spoke of Ms. Coggin's, Assessment Director, presentation at the New York State Association of Counties Legislative Convention; noting she was well-received by the participants and further showed what an outstanding County we represent. Mr. Whicher then informed Legislators that Mr. LeMaro, Facilities Director, would have the official file for work at 55 Brown Road; this will also be available to the public. Report from the County Attorney Mr. Wood did not have a report. Report from the Finance Director Mr. Squires reported on receipt of payments for the IDA projects recently passed. He noted the problem facing the IDAs at this time is the bonding market is in turmoil causing bonding insurers to review issuance more closely, particularly with the collapse of interest rates that may be affecting this. He noted that one county just received a bonding rate under two percent. Also, Mr. Squires reported that the County money market accounts which had interest earnings estimated at 4 3/4 percent are now at 3 percent. This could create a potential $100,000 loss in interest. With regard to retail sales, although the County has not seen a reduction in the last quarter of the year it is anticipated the pattern will continue. 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 resolutions to withdraw from the agenda. Approval of Resolution(s) Under the Consent Agenda It was MOVED by Mr. Proto, seconded by Mr. Joseph, and unanimously adopted by voice vote, to approve the following resolution(s) under the Consent Agenda: 34 February 5, 2008 RESOLUTION NO. 14 — INCREASE SOLID WASTE DIVISION PETTY CASH FUNDS MOVED by Mr. Proto, seconded by Mr. Joseph, and unanimously adopted by voice vote under the Consent Agenda:. WHEREAS, on December 21, 1999, Resolution No. 321 established a petty cash fund for Solid Waste at $600 to be divided as follows: Solid Waste Scale House petty cash fund be set at $400 Solid Waste Office petty cash fund be set at $200 , and WHEREAS, the use of punchcards and coupons beginning in 2007 has increased the financial transactions at the Front Desk by over sixty percent, and WHEREAS, the punchcards and coupons fees will increase by $2 and $1 respectively, which will require an increase in the amount and type of currency available in the Bank, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the total petty cash funds for Solid Waste be increased to $750.00 as follows: Solid Waste Scale House petty cash fund be set at $400 Solid Waste Office petty cash fund be set at $350 , and ledger accounts be created accordingly. SEQR ACTION: TYPE II -20 RESOLUTION NO. 15 - DELEGATION OF AUTHORITY TO AUTHORIZE CERTAIN TAX REFUNDS AND CREDITS OF $2,500 AND UNDER MOVED by Mr. Proto, seconded by Mr. Joseph, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, Section 554 of the Real Property Tax Law authorizes a tax -levying body to delegate the correction of tax rolls due to a clerical error, an error in essential fact, or an unlawful entry (an unlawful entry is any information on the tax roll that violates the Real Property Tax Law), and WHEREAS, Section 556 of the Real Property Tax Law authorizes a tax -levying body to delegate the payment of tax refunds due to a clerical error, an error in essential fact, or an unlawful entry, and WHEREAS, it is the opinion of the Government Operations Committee, that such delegation would be more efficient in processing said refunds and therefore beneficial to the taxpayer, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the County Director of Assessment shall transmit corrections and/or refund recommendations to the County Administrator, RESOLVED, further, That the County Administrator is hereby authorized to allow payments of bills where recommended refund or credit is $2,500 or less, without prior audit by the tax -levying body, in compliance with Paragraph 9 (a), (c) of Section 554, and Paragraph 8 (a), (c), (d), and Paragraph 9 and 10 of Section 556 of the Real Property Tax Law, RESOLVED, further, That any refund or credit over $2,500 must be approved by the Tompkins County Legislature pursuant to Paragraphs 8 (a), 9, and 10 of Section 566 of the Real Property Tax Law, except for refunds amounting over $2,500 as a result of Real Property Tax Law Article 7 litigation ordered by the New York State Supreme Court, RESOLVED, further, That the County Administrator shall transmit on or before the 15th day of each month a report to the Tompkins County Legislature of all the corrections and refunds processed, RESOLVED, further, That this resolution shall only be in effect during the calendar year 2008. SEQR ACTION: TYPE II -20 35 February 5, 2008 Report from the Health and Human Services Committee Mr. Proto, Chair, reported the Committee would hold its first meeting on February 6th. He asked members to come prepared to discuss committee goals and that additional information not obtained prior to setting the agenda may be discussed. Report from the Facilities and Infrastructure Committee Mrs. McBean-Clairborne, Chair, reported the Committee met on January 17th and discussed at length a proposed Lansing sewer district that would impact the Ithaca Tompkins Regional Airport. Mr. Marx and other staff are to obtain additional information and update the Committee once received. Report from the Human Resources Committee Mr. Dennis, Chair, reported the Committee would meet on February 7th. He said at the present the Road Patrol and Blue Collar units are at impasse; the dates for impasse discussions have not yet been determined. Mr. Dennis reported the County Administrator Search Committee has conducted interviews and will hold one additional meeting prior to completing final recommendations. Mr. Dennis requested an executive session take place at the end of the regular meeting to discuss personnel and contractual matters. Report and Presentation of Resolution(s) from the Government Operations Committee Mr. Stevenson, Chair, reported the Committee met briefly prior to the Legislature meeting to act on the resolution presented under the Consent Agenda. The next meeting will occur on February 8th at 2:00 p.m. RESOLUTION NO. 16 - APPROVAL OF 2008 SUCCESSION OF MEMBERS OF THE COUNTY LEGISLATURE TO SERVE IN THE ABSENCE OF THE CHAIR AND VICE CHAIR MOVED by Mr. Stevenson, seconded by Ms. Herrera. In response to Mr. Randall's question, Mr. Stevenson said the resolution is a result of discussions that gave weight to seniority and institutional experience. Mr. Randall indicated a preference to name an individual rather than Committee Chair and that longevity on the Legislature should be a determining factor. Mr. Joseph indicated he agreed in part with Mr. Randall, that if the annual resolution would have amendments perhaps it would be better to name individuals. Ms. Herrera will support the resolution as unknown events could occur that require the succession. Mr. Stevenson said the rationale for selection was discussed at length in 2007 as well, with many preferences expressed, leading to the selection noted in the resolution. A voice vote on the resolution resulted as follows: Ayes — 13; Noes — 1 (Legislator Randall); Temporarily Out of Room — 1 (Legislator Proto). 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 taking into consideration availability and Legislative experience, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the following order of succession of County Legislators for the year 2008 be approved to serve in the absence of the Chair and Vice Chair: Chair, Planning, Development and Environmental Quality Committee Chair, Health and Human Services Committee Chair, Public Safety Committee 36 SEQR ACTION: TYPE II -20 February 5, 2008 Report from the Planning, Development, and Environmental Quality Committee Ms. Robertson, Chair, reported the Committee will meet on February 14th and will focus on goals and information from Workforce Development. She reported that on Monday, February 11th, there would be a presentation of Tompkins County Labor Analysis from 8:30 a.m. to 10:00 a.m. at the Public Library. She said it will include web -based data of the analysis. The Legislature may have a full presentation of the data in April. Report from the Budget and Capital Committee Mr. Shinagawa, Chair, reported the Committee will meet on February 11th at 3:30 p.m. and will discuss goals, finalize the budget calendar, and will have a discussion regarding State budget impacts to the County. Mr. Shinagawa reported that the SMSI Health Benefits group, a subcommittee of the Tompkins County Council of Governments, has received all information from municipalities regarding benefits/claims necessary for the consultant to develop different plan options for review. This process has been opened up to union representatives as well to provide information regarding the process. Mr. Shinagawa said he believes the outcome will provide a savings to the County as well as benefit employees. Report from the Public Safety Committee Mr. Joseph, Chair, said the Committee met on January 18th and there was nothing substantial to report at this time. Report from the Workforce Diversity and Inclusion Committee Mrs. McBean-Clairborne, Chair, spoke of her pride in the work the County has undertaken regarding diversity and inclusion. She spoke of her recent attendance at the New York State Association of Counties Legislative Conference and noted out of approximately 1,000 attendees, few people easily identified as people of color were in attendance. She noted that of the seven Tompkins County representatives at the conference, three were people of color. Mrs. McBean-Clairborne reported the Committee met on January 23"d and discussed the potential downsizing of the Lansing Residential Center, which Ms. Carey said is due in part to the Department of Social Services initiatives to shift away from placements in facilities to other intervention programs. At the meeting a suggestion was made to see if displaced workers could possibly continue on State payroll while assisting not-for-profit agencies that have an increased need for staffing. In addition, the Committee continued its conversation regarding marketing of the diversity statement and logo, including the disbursement of framed copies of the statement and logo to other departments and agencies funded by the County. Mom ent of Reflection Chair Koplinka-Loehr spoke of the recent passing of three County leaders, Donald Barr, Harvey Fireside, and Kenneth Myers. He noted it is a tremendous loss and asked that a moment of reflection occur in their memory. Approval of Minutes of January 15, 2008 37 February 5, 2008 It was MOVED by Mr. Shinagawa, seconded by Mr. Stevenson, and unanimously adopted by voice vote, to approve the minutes of the January 15, 2008, meeting as submitted. MINUTES APPROVED. Recess Chair Koplinka-Loehr declared recess at 6:56 p.m. The meeting reconvened at 7:02 p.m. Executive Session It was MOVED by Mr. Dennis, seconded by Mr. Joseph, and unanimously approved by voice vote, to enter into an executive session to discuss personnel and contract negotiations. An executive session was held from 7:02 p.m. to 7:44 p.m. Adjournment On motion, the meeting adjourned at 7:44 p.m. 38 February 19, 2008 Regular Meeting Call to Order Mr. Koplinka-Loehr, 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 Shinagawa arrived at 5:34 p.m.). Excused: 1 (Legislator Herrera). Privilege of the Floor by the Public Michael E. Lane, former Legislator and Dryden resident, expressed disappointment at the resignation of Tim Joseph. He spoke of Mr. Joseph's excellent manner of dealing with issues and that he made a good Chair of the Legislature. He said he always respected Mr. Joseph, who he believes to be a thoughtful, careful, and effective member of the Legislature. Mr. Lane said Mr. Joseph did a lot for Tompkins County and wished him well. Tompkins County Sheriff Peter Meskill presented Mr. Joseph with a variety of mementoes from the Sheriffs office. Mr. Shinagawa arrived at this time. Mr. Meskill thanked Mr. Joseph for his years of service and noted that as Chair of the Budget Committee he was able to get to the bottom of issues, devise solutions, and developed a good policy that is still in use. He expressed his appreciation for Mr. Joseph's work. Report from Municipal Official(s) No municipal official was present. Privilege of the Floor by Legislators Mr. Joseph, District No.12 Legislator, announced his appointment as Regional Director of State Parks for the Finger Lakes region. He noted parks are a precious possession, both locally and statewide. Mr. Joseph said he was chosen for many of the reasons stated by Mr. Meskill such as budgeting, planning, and working cooperatively. He invited his colleagues to visit him at his new office in Taughannock Park. At this time, members of the Legislature shared their personal memories of serving with Mr. Joseph and wished him success in his future endeavors. Some noted that although they may not have always agreed, Legislator Joseph provided the platform to express both points of view. In addition, many spoke of his ability to assist them in having a better understanding of their role in County government. Ms. Robertson, District No. 13 Mr. Proto, District No. 7 Mr. Dennis, District No. 15 Mrs. McBean-Clairborne, District No. 2 Ms. Chock, District No. 3 Mr. Shinagawa, District No. 4 Mr. Randall, District No. 9 39 February 19, 2008 Mr. Sigler, District No. 6 Ms. Kiefer, District No. 10 Mr. Koplinka-Loehr, District No. 11 Ms. Robertson, District No. 13 Legislator, announced the annual New York State budget presentation provided by the Fiscal Policy Institute would be held on February 28th from 4:00 p.m. to 6:00 p.m. at the Ithaca Town Hall. Mr. Koplinka-Loehr, Chair, said this was an historical evening, noting Mr. Joseph's 15 years of service, with 6 years as Chair. He said his ability to analyze issues was exceptional and that he believes two topics spearheaded by Mr. Joseph, an understanding of what prevents crime, and his taking a lead on putting a cap on Medicaid, can be attributed to his commitment. He said Mr. Joseph will be missed, and he is pleased Mr. Joseph will still reside locally. Mr. Joseph thanked his colleagues for their comments and noted that all the qualities expressed were present within them as well. Mr. Proto, District No. 7 Legislator, spoke of his and former Legislator Stuart Stein's concern regarding the loss of revenue and employment as a result of internet sales. Mr. Proto said that Governor Spitzer has outlined a plan to set the stage of collection for online sales tax for businesses receiving $10,000 or more in sales within New York State. He asked that his colleagues support the Governor's efforts. Chair's Report and Appointments Mr. Koplinka-Loehr, reported on a meeting with Senator Schumer's staff to discuss a variety of topics as he had outlined in his e-mail correspondence to Legislators. He reported that earlier in the day he also met with representatives from Representative Arcuri's office and relayed the same information. He hopes this type of meeting could occur again in the future. Ms. Kiefer said there was also a discussion regarding energy; she will provide that information to members as well. Mr. Koplinka-Loehr made the following appointments: Workforce Investment Board Richard B. Bohman — Vocational Rehabilitation representative; term expires June 30, 2010 Lee Dillon — Community Action Agency representative; term expires June 30, 2010 Paul Gardner — Business representative; term expires June 30, 2010 Mark R. Coldren — Business representative; term expires June 30, 2010 Martha A. Turnbull — Business representative; term expires June 30, 2010 Revised Standing Committee Appointments: Budget and Capital Shinagawa (Chair), Hattery (Vice Chair), Mackesey, Herrera, Dennis Government Operations Hattery (Chair), Kiefer (Vice Chair), Mackesey, Sigler, Stevenson Planning, Development and Environmental Quality Robertson (Chair), Mackesey (Vice Chair), Proto, Sigler, Chock 40 February 19, 2008 Facilities and Infrastructure McBean-Clairborne (Chair), Herrera (Vice Chair), Randall, Kiefer, Vacancy (District No. 12) Public Safety Stevenson (Chair), Dennis (Vice Chair), Hattery, Robertson, Vacancy (District No. 12) Health and Human Services Proto (Chair), Randall (Vice Chair), Robertson, Shinagawa, Chock Human Resources Dennis (Chair), McBean-Clairborne (Vice Chair), Sigler, Kiefer, Chock Moment of Silence Mr. Koplinka-Loehr spoke of the passing of Ithaca College Professor Howard Cogan who coined the phrase "Ithaca is Gorges", and asked for a moment of silence. Report from the County Administrator Mr. Whicher spoke of the telephone outage occurring at the Courthouse Complex for several hours today and expressed his appreciation for patience to everyone during this period. Mr. Whicher then announced the Citizen's Guide to the Budget is available to anyone desiring a copy. At this time, Mr. Whicher presented a gift on behalf of County department heads, administration and staff, thanking Mr. Joseph for his "outstanding contributions to the taxpayers of Tompkins County," predicting his example of leadership will be difficult to follow. Mr. Whicher said he truly enjoyed working with Mr. Joseph . Report from the County Attorney Mr. Wood reported that as a follow up to Bolton Point issues and articles, the County has received $14,650 from the Town of Ithaca. He then noted he would miss Mr. Joseph's intelligence and ability to explain points of view, noted he was straightforward, honest, and a pleasure to work with. He said the Legislature would be diminished without him. Report from the Finance Director Mr. Squires reported the article in the Ithaca Journal regarding sales tax is somewhat confusing. Sales tax receipts were up eleven percent in January compared to last January, and that the County also experienced a double-digit increase in December as well. Mr. Squires said while it is a positive economic factor it should be noted that the overall sales tax increase was produced outside of the City of Ithaca. He then reported the County would be refinancing an outstanding note for the Federal Highway financing programs, noting it is not known what the interest rates would be given the turmoil of the bond market at this time. Addition of Resolution(s) to the Agenda It was MOVED by Ms. Kiefer, seconded by Ms. Robertson, and unanimously adopted by voice vote by members present, to add the resolution entitled In Appreciation of Tim J. Joseph to the agenda. Withdrawal of Resolution(s) from the Agenda There were no resolutions withdrawn from the agenda. 41 February 19, 2008 Approval of Resolution(s) Under the Consent Agenda It was MOVED by Mr. Proto, seconded by Mr. Joseph, and unanimously adopted by voice vote by members present, to approve the following resolution(s) under the Consent Agenda: RESOLUTION NO. 17 — CORRECTION OF TAXES — TOWN OF ITHACA (61.-1-7.2/99) MOVED by Mr. Proto, seconded by Mr. Joseph, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the Legislature is informed that an error has been made in the 2008 tax roll of the Town of Ithaca, namely parcel 61.-1-7.2/99, assessed to Cornell University, was erroneously charged for special district charges for Sewer District and Water District, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the entry on the tax roll of $8,498.60 be corrected to reflect a total of $0.00, RESOLVED, further, That the Town of Ithaca Tax Collector is directed to correct the 2008 tax roll, RESOLVED, further, That the amount of $8,498.60 be charged back to the Town of Ithaca. SEQR ACTION: TYPE II -20 RESOLUTION NO. 18 — CORRECTION OF TAXES — TOWN OF NEWFIELD (25.-1-10.36) MOVED by Mr. Proto, seconded by Mr. Joseph, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the Legislature is informed that an error has been made in the 2008 tax roll of the Town of Newfield, namely parcel 25.-1-10.36, assessed to Sherry Livingstone, was erroneously charged for 22 Solid Waste units, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the entry on the tax roll of $1,144.00 be corrected to reflect a total of $105.35, RESOLVED, further, That the Town of Newfield Tax Collector is directed to correct the 2008 tax roll, RESOLVED, further, That the amount of $1,144.00 be charged back to the Town of Newfield. SEQR ACTION: TYPE II -20 RESOLUTION NO. 19 - CORRECTION OF TAXES - TOWN OF ITHACA (28.1-1-18./1) MOVED by Mr. Proto, seconded by Mr. Joseph, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the Legislature is informed that an error has been made in the 2008 tax roll of the Town of Ithaca, namely parcel 28.1-1-18.11, assessed to Judith Eda of Eco Village, was erroneously charged for special district charges for Solid Waste and Water District, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the entry on the tax roll of $5,696.34 be corrected to reflect a total of $609.24, RESOLVED, further, That the Town of Ithaca Tax Collector is directed to correct the 2008 tax roll, RESOLVED, further, That the amount of $3,300 be charged back to the Town of Ithaca, RESOLVED, further, That the amount of $1,787.10 be charged back to the Tompkins County Solid Waste Division. SEQR ACTION: TYPE II -20 42 February 19, 2008 RESOLUTION NO. 20 - SCHEDULING A SPECIAL ELECTION IN DISTRICT NO. 12 (TOWN OF ITHACA) MOVED by Mr. Proto, seconded by Mr. Joseph, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, Legislator Tim J. Joseph has resigned from the Tompkins County Legislature effective at the end of the day on February 19, 2008, and WHEREAS, pursuant to County Charter Article 2, Section 2.04, when a vacancy occurs on the Tompkins County Legislature on or before August 15 of any year, such office shall be filled for the remainder of the unexpired term at a special election in the district of said office, 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 of December 31, 2009, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That a special election be held on April 22, 2008, in District No. 12 (Town of Ithaca) to fill the unexpired term of Legislator Joseph, 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 RESOLUTION NO. 21 - SCHEDULING A PUBLIC HEARING FOR THE CONTINUATION AND REVISIONS TO AGRICULTURAL DISTRICT NO. 2 (WEST SIDE OF CAYUGA LAKE) MOVED by Mr. Proto, seconded by Mr. Joseph, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, under New York State Agricultural District Law, it is required that agricultural districts must be renewed every eight years, allowing landowners to apply to become a part of or to exempt all or part of their lands from the district, and WHEREAS, the County Legislature is the lead agency that must approve the formation of and changes in agricultural districts, and WHEREAS, the County is required by law to conduct a public hearing for this review and approval, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the public hearing on the continuation of and revisions to Agricultural District No. 2, located within the Towns of Danby, Ithaca, Newfield, Enfield, and Ulysses, be held at the County Legislature meeting scheduled for March 18, 2008, RESOLVED, further, That the Clerk of the County Legislature is authorized to place proper notice of this public hearing in the official newspaper of the County. SEQR ACTION: TYPE II -20 RESOLUTION NO. 22 — ACCEPTANCE OF 2008 ANNUAL ALTERNATIVES -TO - INCARCERATION CONSOLIDATED SERVICE PLAN 43 February 19, 2008 MOVED by Mr. Proto, seconded by Mr. Joseph, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the Criminal Justice Advisory/Alternatives-to-Incarceration (CJA/ATI) Board at its February 4, 2008, meeting approved the 2008 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 2008 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 CJA/ATI, and the office of the Tompkins County Legislature. SEQR ACTION: TYPE II -20 RESOLUTION NO. 23 - BUDGET ADJUSTMENTS — VARIOUS DEPARTMENTS MOVED by Mr. Proto, seconded by Mr. Joseph, 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 Human Resources, Government Operations, and the Planning, Development, and Environmental Quality Committees, That the Director of Finance be directed to make the following budget adjustments on his books: Personnel/Records Management Revenue Acct Title Amt A1460.43089 Other State Aid Approp Acct Title(s) $17,500 A1460.54442 Professional Services Explanation: Grant funds mismatched years. SARA grant funds received in 2007, but will be spent in 2008 per Resolution No. 153 of 2007. County Administration Revenue Acct 1231.43089 1231.43089 1231.43089 1231.43089 Explanation: Title Amt Approp Acct Other State Aid $ 2,000 1231.54330 Other State Aid $123,250 1231.54400 Other State Aid $ 3,120 1231.54412 Other State Aid $130,500 1231.54442 The SMSI Budget was not transferred from 2007 to 2008. associated with this budget. Workforce Investment Board Revenue Acct 6290.43790 6290.43790 6290.43790 6290.43790 6290.43790 6290.43790 6290.43790 6290.43790 6290.43790 Title Amt Approp Acct Federal Job Training $ 20,000 6290.54412 Federal Job Training $ 8,000 6290.54442 Federal Job Training $ 10,000 6290.54330 Federal Job Training $ 19,500 6290.52206 Federal Job Training $ 5,000 6290.52230 Federal Job Training $ 3,000 6290.54470 Federal Job Training $ 4,000 6290.52214 Federal Job Training $ 72,298 6290.54400 Federal Job Training $ 22,000 6290.54333 44 Title(s) Printing Program Expense Travel/Training Professional Services There is no County Cost Title(s) Travel/Training Professional Services Printing Computer Equipment Computer Software Building Upgrades Office Furnishings Program Expense Education and Promotion February 19, 2008 Explanation: Career Development Facilitator Training for Staff; Web hosting of the Business Portal created for Tompkins County by Chmura Economics and Analytics; Creation and distribution of the Workforce Strategy; Computer and printer upgrades for the One -Stop Center; Prove -it Software to provide customer assessments; Glass partition will be installed in the One -Stop Center computer lab to provide increased privacy between the lab and the resource room; Reception area furniture will be replaced to create a more professional environment; Targeted customized training for machining skills, short term prevocational and occupational skills training, diversity/inclusive environment training for businesses, and literacy project to increase literacy among youth; Marketing and website upgrades. SEQR ACTION: TYPE II -20 Approval of Appointment(s) Under the Consent Agenda Mr. Proto expressed concern regarding appointments of individuals having resided within the County for a brief period. It was MOVED by Mr. Proto, seconded by Mr. Joseph, and unanimously adopted by voice vote by members present, to approve the following appointment(s) under the Consent Agenda: Environmental Management Council Kariann Mackie -Cunningham — Newfield representative; term expires December 31, 2009 Soil and Water Conservation District Daniel J. Carey — Farm Bureau representative; term expires December 31, 2010 Greg Stevenson — Agricultural and Farmland Protection Board Daniel D. Konowalow — Farmer representative; term expires December 31, 2011 Library Board of Trustees Susan Currie — term expires December 31, 2010 Youth Services Board Kathleen Schlather — At -large representative; term expires December 31, 2010 Christopher M. Hyer — Youth representative; term expires December 31, 2009 Workforce Diversity and Inclusion Committee Robert J. DeLuca — County staff representative; term expires December 31, 2010 Emergency Communications Review and Oversight Committee Greg Stevenson, Public Safety Committee member - term expires December 31, 2008. STOP -DWI Advisory Board James Dennis - Public Safety Committee - term expiring December 31, 2009. Board of Health Greg Stevenson — County Legislator; term expires December 31, 2013 Recreation Partnership — County Legislator seats; terms expire December 31, 2009 James Dennis Frank Proto 45 February 19, 2008 Homeownership Oversight Committee Pamela Mackesey — Chair of Planning Committee or delegate; no set terms Water Resources Council Carol Chock — County Legislature representative; term expires December 31, 2010 Traffic Safety Committee Greg Stevenson — Public Safety Committee member; term expires December 31, 2008 James Dennis — Public Safety Committee member; term expires December 31, 2008 Michael Hattery — Public Safety Committee member; term expires December 31, 2010 Report and Presentation of Resolution(s) from the Government Operations Committee Mr. Stevenson, Chair, reported the subcommittee responsible for review and updating administrative policies has been working with department heads to determine necessary amendments. Once this process is completed, which is expected in April, the standing committees and subsequently the Legislature will begin to see the results of their efforts; he noted the goal is to have fifty percent of the manual revised and updated by the end of 2009. The Committee met on February 8th and was provided input from County Administrator Steve Whicher regarding the meeting with the Election Commissioners to discuss requirements of the Help America Vote Act (HAVA), and in particular housing of the new machines. It appears that 4,200 square feet of space will be required in the old library to house the new equipment. Also, there are at present fifty polling sites; it is hoped to reduce the number to forty-five, and the Election Commissioners would welcome input from Legislators. RESOLUTION NO. 24 — APPROPRIATION FROM CONTINGENT FUND AND AUTHORIZING THE PAYMENT TO THE OFFICE OF GENERAL SERVICES OF FIVE PERCENT MATCHING FUNDS FOR THE PURCHASE OF BALLOT MARKING DEVICES FOR EACH POLLING PLACE IN TOMPKINS COUNTY It was MOVED by Mr. Stevenson, seconded by Mr. Hattery. Ms. Kiefer indicated the revised resolution provided the amount of the purchase order for the 45 machines, and that a balance of the Title II funds will remain for future use during the implementation of HAVA compliance. A short roll call resulted as follows: Ayes — 14; Noes —0; Excused — 1 (Legislator Herrera). RESOLUTION ADOPTED. WHEREAS, the Help America Vote Act of 2002 (HAVA) requires Tompkins County to have at least one voting machine in each of its polling places where any voter can vote independently and secretly, and WHEREAS, under a court order from United States District Judge Gary L. Sharpe, New York State must have a ballot -marking device (BMD) in place and operational by the September 2008 Primary Election in order to comply with HAVA, and WHEREAS, the Federal Government has provided funds to New York State under HAVA Title II for the purchase of certified BMDs statewide, and WHEREAS, HAVA funds are intended to cover 95 percent of the cost of these devices with each County required to cover five percent of the cost, and for Tompkins County the Federal Title II funds are $785,561.53 with Tompkins County five percent match equal to $41,345.34, and WHEREAS, the Tompkins County Board of Elections has selected the Sequoia. Image Cast Precinct Optical Scan System to be the BMD that will be deployed in Tompkins County, and 46 February 19, 2008 WHEREAS, Tompkins County has submitted an order to the Office of General Services for New York State (OGS) for forty-five machines, providing a BMD for each of its polling places, at a total cost of $531,695.00, and WHEREAS, OGS will bill Tompkins County for the five percent match of the Title II funds upon issuing a Purchase Order for the BMDs, and WHEREAS, there are no funds within the Tompkins County Board of Elections budget to pay the five percent County cost, 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 for the purchase of ballot marking devices and other supporting equipment: FROM: A1990.54440 Contingent Fund $41,345.34 TO: 1450.54400 Program Expense $41,345.34 RESOLVED, further, That these funds will be used to pay the Tompkins County five percent match for the Federal HAVA Title II funds, RESOLVED, further, That the County Administrator is authorized to execute the required documents. SEQR ACTION: TYPE II -20 RESOLUTION NO. 25 - APPROVAL OF APPOINTMENT TO THE TOMPKINS COUNTY COUNCIL OF GOVERNMENTS (TCCOG) It was MOVED by Mr. Stevenson, seconded by Mrs. McBean-Clairborne. A voice vote on the resolution resulted as follows: Ayes — 10 (Legislators Chock, Dennis, Joseph, Kiefer, Koplinka-Loehr, Mackesey, McBean-Clairborne, Robertson, Shinagawa, and Stevenson); Noes — 4 (Legislators Hattery, Proto, Randall, and Sigler); Excused — 1 (Legislator Herrera). RESOLUTION ADOPTED. WHEREAS, the Tompkins County Council of Governments is an association of local governments organized to provide a forum of discussion, study, and negotiation leading to agreements for more efficient, improved, and/or less costly delivery of government services, and WHEREAS, Legislator Tim Joseph has been the County's appointed representative to the Tompkins County Council of Govenments and he is now leaving the Legislature, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That Martha Robertson be appointed as the voting member and Michael Koplinka-Loehr as the alternate member. SEQR ACTION: TYPE II -20 Report from the Facilities and Infrastructure Committee Mrs. McBean-Clairborne, Chair, reported the Committee would meet on Thursday, February 21, 2008. Report and Presentation of Resolution(s) from the Human Resources Committee Mr. Dennis, Chair, reported the Committee would meet on March 6th. He reported two possible dates would be provided to Legislators to hold interviews for the County Administrator position and asked colleagues to respond as soon as possible to be able to confirm the dates. RESOLUTION NO. 26 - RATIFICATION OF BARGAINING AGREEMENT CIVIL SERVICE EMPLOYEES ASSOCIATION, WHITE COLLAR UNIT It was MOVED by Mr. Dennis, seconded by Ms. Mackesey. Mr. Stevenson disclosed that his spouse is represented by the White Collar unit and requested and was permitted to abstain from the vote. 47 February 19, 2008 A voice vote resulted as follows: Ayes — 12 (Legislators Chock, Dennis, Joseph, Kiefer, Koplinka-Loehr, Mackesey, McBean-Clairborne, Proto, Randall, Robertson, Sigler, and Shinagawa); Noes — 1 (Legislator Hattery); Abstained — 1 (Legislator Stevenson); Excused — 1 (Legislator Herrera). RESOLUTION ADOPTED. WHEREAS, the collective bargaining agreement between Tompkins County and the Civil Service Employees Association, White Collar Unit, expired on December 31, 2007; negotiations for a successor agreement began on July 16, 2007, and continued until CSEA declared impasse on October 26, 2007, and WHEREAS, thereafter, but prior to a scheduled meeting with the mediator, the negotiating teams agreed to a one-year contract, which extends the terms and conditions of the previous four-year agreement with the following changes: increase of three percent on base salary, increase of three percent on on-call for the Health Department, and minor language changes, now therefore be it RESOLVED, on recommendation of the Negotiating Committee and the Human Resources Committee, That the bargaining agreement between Tompkins County and the Civil Service Employees Association, White Collar Unit, for the period of January 1, 2008 through December 31, 2008, is hereby ratified. SEQR ACTION: TYPE II -20 Report and Presentation of Resolution(s) from the Planning, Development, and Environmental Quality Committee Ms. Robertson, Chair, reported the Committee met on February 14th and discussed information regarding a budget adjustment for the Workforce Investment Board (WIB). The WIB received $164,000 in incentive monies and has a plan that includes 12 different projects to be undertaken over the next year with these funds. The area of concern is that the Federal Omnibus Appropriations bill passed in late 2007 included a rescission to the already -appropriated funds for the last three years from the federal Workforce Investment Act (WIA) in the amount of $250 million, with New York State's share being approximately $36 million. Ms. Mattick expects this to result in a significant cut in their revenues this year. Ms. Robertson will continue to update as more information is received. She then reported the Committee was presented with the Planning Department's Work Plan and also discussed the future disposition of the Biggs B building. RESOLUTION NO. 27 - APPOINTMENTS TO INDUSTRIAL DEVELOPMENT AGENCY It was MOVED by Ms. Robertson, seconded by Ms. Mackesey. A voice vote on the resolution resulted as follows: Ayes — 13, Noes — 1 (Legislator 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) Michael Koplinka-Loehr - 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 Larry Baum - Tompkins County Area Development Board of Directors representative 48 February 19, 2008 RESOLVED, further, That Martha Robertson 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 Report from the Buduet and Capital Committee Mr. Shinagawa, Chair, reported the Committee met on February 11th and discussed goals and finalized the budget calendar. The Committee will discuss at the next meeting the State budget impacts to the County. The information provided regarding the proposed Governor's budget was a useful tool and indicated both positive and negative aspects. It appears there would be a possible cap on preschool special education expenses, and that the County would benefit financially if annual assessments are undertaken versus the triennial assessment. Concern was noted with regard to the shift in the Family Assistance program, with a proposed increase to 27 percent local share versus the present 25 percent. With regard to assessment, it was noted the State is sponsoring studies of moving to countywide assessing or units to include 10,000 parcels. The next meeting on February 25th will continue to review the budget process and the role of standing committees in it. Mr. Dennis noted the Governor's budget is only a proposal at this time, the State legislators would have the opportunity to review and amend. He suggested the Legislature be used to lobby indicating what is needed in County government. In response to Mr. Koplinka-Loehr, Mr. Shinagawa said he believes it is important to see how the State legislature responds to the Governor's proposals and then react to the budget. Report from the Public Safety Committee Mr. Joseph, Chair, said the Committee met on February 15th and established two goals, one to look at the issue of transitional housing for individuals coming from jail/prison as it is the largest barrier, finding options and solutions would assist in reducing recidivism, and a second goal of placing Automated External Defribulators (AEDs) in County -owned buildings. He spoke of having gone home following the meeting to hear of an incident where a person collapsed and an AED was used; initially it was thought the individual died, however, a subsequent phone call said they had survived as a result of the prompt use of the AED. Mr. Joseph encouraged Mr. Stevenson to pursue the goal. Report from the Workforce Diversity and Inclusion Committee Mrs. McBean-Clairborne, Chair, said the Committee would meet on February 27, 2008. Report from the Health and Human Services Committee Mr. Proto, Chair, reported the Committee met on February 6th and received a report from Ms. Robertson regarding discussions of budget concerns relating to health issues at the New York State Association of Counties Legislative Conference held in January. In addition, Mr. Wickham of Lakeside Mental Health Services provided preliminary information regarding a mixed-use housing proposal that would consolidate thirty-two scattered housing sites for clients. Presently a variety of locations are being reviewed both in the City and on the outer areas. Mr. Proto reported the Youth Services Community Coalition for Youth has received national recognition, having been one of seven chosen to provide a presentation at the national conference in Washington, D.C. He said Committee members and Department Heads were asked to provide suggested goals for the Committee by February 22". The next meeting is scheduled for March 5th 49 February 19, 2008 Report from the SMSI Health Benefits Group Mr. Shinagawa reported the Committee held its second meeting on February 14th with the municipal unions. He stressed the desire to have the process as transparent as possible and include stakeholders. The next meeting will be with retiree representatives and other stakeholders. At this time the consultants are working on various plan designs. This group will also address how the various stakeholders will participate within the consortium. The Tompkins County Council of Governments will be releasing a Request for Proposals for Phase 2 of the benefit design, and in the future would be a third phase for plan implementation. He said the Committee is meeting every other Wednesday, with the next meeting on February 20th. Presentation of Resolution Added to Agenda RESOLUTION NO. 28 — IN APPRECIATION OF TIM J. JOSEPH It was MOVED by Ms. Kiefer, and unanimously seconded and adopted by voice vote by members present. RESOLUTION ADOPTED. WHEREAS Tim J. Joseph was appointed to the Tompkins County Board of Representatives in March 1993, elected that November, and re-elected each four years thereafter, providing fifteen years of service to Tompkins County, representing District 12, the western portion of the Town of Ithaca, and WHEREAS, over time Tim has served on every committee of the legislature with the exception of public works, and for the last six years (2002-2007) was elected annually by his legislative colleagues to Chair the Legislature, and WHEREAS, although Tim's dress style is casual, his approach to government has been anything but casual, and WHEREAS, Tim's ability to analyze and then explain complex issues, including summarizing differing perspectives on those issues, has been invaluable for his colleagues and the public, and WHEREAS, Tim was central in redesigning the County's budget, helping lead us to a more transparent, program -based budget, and WHEREAS, Tim inspired many of our state's counties to "push back" against New York State's unfunded Medicaid mandates, an effort that led ultimately to New York capping the rate of increase in county Medicaid costs, and WHEREAS, Tim's passion has been to figure out ways to help persons in trouble with the law break that pattern of behavior and find ways to rejoin society as productive members, which led him to champion alternatives to incarceration, and to resist the State's pressure to force Tompkins County to build a new jail bigger than we needed or could afford, and WHEREAS, his skill in producing handmade chocolate truffles never ceased to delight us all -- and should be appreciated by his new colleagues in whatever new endeavors he pursues, now therefore be it RESOLVED, That the Tompkins County Legislature expresses appreciation for the leadership skills and the many contributions Tim Joseph has made toward the quality of life for the citizens of our County, RESOLVED, further, That this Legislature extends best wishes to Tim in his new endeavors wherever life's path leads him. SEQR ACTION: TYPE II -20 Approval of Minutes of February 5, 2008 It was MOVED by Mr. Proto, seconded by Mr. Stevenson, and unanimously adopted by voice vote by members present, to approve the minutes of the February 5, 2008, meeting as submitted. MINUTES APPROVED. 50 February 19, 2008 Adjournment On motion, the meeting adjourned at 6:50 p.m. 51 March 4, 2008 Regular Meeting Call to Order Mr. Koplinka-Loehr 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. Present: 11 Legislators. Excused: 3 (Legislators Hattery, Mackesey, and Sigler). Vacancy: 1 (District No. 12 — Town of Ithaca). Privilege of the Floor by the Public No member of the public wished to speak. Privilege of the Floor by Legislators Carol Chock, District No. 2 Legislator, announced the Office for the Aging annual luncheon will be held on May 22nd. They are still looking for honorees and she has information if any Legislator is interested. Ms. Chock submitted the following statement: "On February 22, 2008, I attended a lecture by Ann Markusen. She is a regional planner and professor who has held many distinguished positions and awards, who currently directs the University of Minnesota's Project on Regional and Industrial Economics (PRIE) at the Humphrey Institute of Public Affairs. "She is well known for her studies of regional economic development and is currently looking in particular at the role of the arts and of artists in building economic development of a given locale and the importance for the public good in consciously seeking such activity. "We know in our veins, in our core spirits, that it is good for adults, children and teens to be exposed to arts, music, theater, dance, thought, or culture of any sort (whether high brown or low brow). Even more true when a higher percentage of a community actually gets involved in arts in their own lives, especially our youth. "Ann Markusen is working to backup that intuition with research. She studies whether the arts add to the economic base of the community. She is finding out that it most certainly does add to the economic base. Furthermore, she is looking at what kind of public support for the arts is the most effective. For example, her work has shown that, in many areas, distributed programs that provide many opportunities for smaller -scale arts that is accessible to participants in many ways has been more effective than targeting support to only one high-profile project such as Bilbao (the City in Spain that built a Guggenheim Museum). "The good news is that Tompkins County is on target. We're already doing many of the types of activities she has found to be successful — our Greater Ithaca Art Trail, our support of an active CVB, various partnerships in the arts, multiple small museums with hands-on activities, music alternatives, festivals, and restoration of a downtown historic theater are techniques she mentioned as effective elsewhere. Tompkins County is getting this right with our support for a variety of arts and cultural activities, our use of the occupancy tax for distributed grants programs that present alternative funding 52 March 4, 2008 streams for both new and established organizations on scale with our community size, and our ongoing evaluation process for those arts and cultural programs. "I will continue to follow her studies. I've also suggested to Tompkins County Area Development and/or the Community Arts Partnership that they look for an intern to apply Tompkins County data to the census profile — template that Markusen developed in her work, to compare us to other areas of the country." Mr. Dennis, District No. 15 Legislator, recognized the Cornell Men's Basketball Team for accomplishments this season. He also announced the Family Reading Partnership will hold their Red Hot Gala at the Statler Hotel on March 15th. The Family Reading Partnership over the last ten years has given away over 200,000 books to children in Tompkins County. Mr. Proto, District No. 7 Legislator, announced the Cornell women's Basketball and men's Track and Field Team's also did very well over the past weekend. Mr. Proto spoke of local businesses who have done a lot for the community but often go unrecognized, and said the P&C Food Market donated five percent of their total proceeds over the past weekend to Hospicare. He also stated he has an e-mail address through the County's e-mail system. Ms. Robertson, District No. 13 Legislator, announced a Housing Opportunities Fair hosted by the Board of Realtors will be held Saturday, March 15th. At the last Homeless and Housing Task Force meeting it was reported for 2006 there were 16,000 emergency shelter bed nights in 2006 and in 2007 there were 11,000 bed nights. She said the Human Services Coalition will be looking into these figures but noted whatever the causes, it is good news. Ms. Robertson also announced the Annual Sister Friends Luncheon will take place on March 28th. Ms. Kiefer, District No. 10 Legislator, announced the American Society of Newspaper Editors has named March 16-22 as "Sunshine Week", a week-long assertion of the public's right to know what its government is doing. She said she is looking forward to seeing what the local newspapers have in store for us that week. Report from the Municipal Officials Herbert Engman, Town of Ithaca Supervisor, reported on activities taking place in the Town. There is a proposal for an 80 -bed assisted -living facility, and they are working with Ed Marx, Commissioner of Planning and Public Works on identifying a site. Another issue being addressed by the Town is stormwater management, an unfunded, but worthwhile mandate from the State. He said they will need the assistance of all highway departments, including the County and State with this. On a positive note, Mr. Engman said there has been an upsurge of neighborhood associations being created and the Town is looking forward to working with these groups. Presentation — Board of Elections Elizabeth Cree and Tom Paolangeli of the Board of Elections provided the Legislature with an update on voting machines. Ms. Cree said after five years, the County finally has a new voting machine. She spoke of 2008 and said through the end of this year they will be using two types of voting machines: continued usage of lever -style machines in addition to a ballot -marking device that will allow anyone who is disabled to prepare a paper ballot in privacy. In 2009, an Optical Scan Machine will be used. One of the reasons the ImageCast Machine was chosen is because it also comes with an optical scanner (disabled for 2008 elections) that can be used as the HAVA compliant voting machine in 2009. In 2009 they can no longer use the old mechanical lever machines. It is expected that in 2009 all voters in Tompkins County will be voting on a paper ballot. 53 March 4, 2008 Voters will indicate their choices on the paper ballot, then they will feed the ballot into the scanner. The scanner will notify the voter if they under or over -voted. The scanner also tabulates the results, and captures an image of the ballot. The ballots are then deposited into the compartment underneath the scanner, and can then be hand counted later to ensure the tabulator on the scanner is accurate. The majority of public outreach will take place in 2009. In reply to questions, it was noted that the Federal certification standards have still not been updated; that in 2009, village elections locally will be the first to use the new machines. In reply to Legislators it was noted that each Image Cast will cost approximately $1,500; the Federal certification standards have still not been updated and New York State's are more stringent; that in 2009, village elections will likely be the first to use the new machines. The Commissioners are working with County Administration on storage from these machines. Chair's Report and Appointment(s) Mr. Koplinka-Loehr said Legislators have received a summary analysis of the proposed State Budget. He said he also has an extra packet of information presented by Senator Winner on February 22°d if any Legislator would like a copy. Mr. Koplinka-Loehr reported the Upstate Commission on Property Tax Relief will hold a hearing on April 10th. He thanked the County Administrator Search Committee who have presented three candidates for consideration. Mr. Koplinka-Loehr made the following appointment(s): Workforce Investment Board Leslyn McBean-Clairborne; term expires June 30, 2008 Extension Service Carol Chock Workforce Diversity and Inclusion Committee Leslyn McBean-Clairborne — County Legislator; term expires December 31, 2008 Facilities and Infrastructure Committee Carol Chock (moving from Human Resources Committee) Mr. Koplinka-Loehr said he will serve on committees (Public Safety and Human Resources) with vacancies until an individual is elected to fill the District No. 12 vacancy. Report from the County Administrator Mr. Whicher had no report. Report from the County Attorney Mr. Wood had no report. Report from the Finance Director Mr. Squires reported last week $995,000 in bond anticipation notes were sold at a rate of 2.06 percent, with JP Morgan Chase the lowest of six bidders. He attended an interesting presentation in Syracuse concerning reform of the way the State of New York collects the motor fuel tax. A proposal is in the State Budget to change the county sales tax by removing it from sales tax collection and making it a motor fuel excise tax that will be shared from New York State. It has significant consequences in the way the State will distribute revenues to counties. He noted that sales tax is a percentage of the price of fuel, which brings in more revenues if the price goes up, whereas an excise tax would be a fixed number of 54 March 4, 2008 cents per gallon, which will not go up as the price goes up. He will continue to provide updates as this moves forward and new information becomes available. Withdrawal of Resolution(s) from the Agenda There were no resolution(s) withdrawn from the agenda. Addition of Resolution(s) to the Agenda It was MOVED by Mr. Dennis, seconded by Mr. Proto, to add to the agenda the resolution entitled Calling Upon the Governor and the New York State Legislature to Refrain from Enacting New Public Employee Benefit Mandates. A voice vote resulted as follows: Ayes — 10; Noes — 1 (Legislator Herrera); Excused — 3 (Legislators Hattery, Mackesey, and Sigler); Vacancy — 1 (District No. 12 — Town of Ithaca). MOTION CARRIED. It was MOVED by Mrs. McBean-Clairborne, seconded by Ms. Kiefer, and unanimously adopted by voice vote by members present, to add to the agenda the resolution entitled Urging a Greater State Commitment to Maintaining the Safety and Integrity of Local Highways and Bridges. Presentation ofResolution(s) from the Health and Human Services Committee RESOLUTION NO. 29 - CALLING ON THE GOVERNOR, THE NEW YORK STATE OFFICE OF MENTAL HEALTH AND THE NEW YORK STATE DEPARTMENT OF HEALTH TO ASSURE THAT ANY FISCAL RESTRUCTURING OF NON -INPATIENT MENTAL HEALTH SERVICES INCLUDE (i) EQUITABLE ASSUMPTION OF RESPONSIBILITY AMONG MEDICAID -ELIGIBLE FACILITIES AND PROGRAMS IN SERVING MEDICALLY INDIGENT PERSONS AND (ii) FAIR COMMERCIAL INSURANCE RATES AND SERVICE AUTHORIZATIONS FOR ENROLLEES MOVED by Mr. Proto, seconded by Mrs. McBean-Clairborne. Mr. DeLuca briefly explained the Office of Mental Health and the Health Department are looking at restructuring the rates for outpatient services, primarily Clinic services. This resolution is trying to get some assurance that if rates are changed that historical providers to individuals who are indigent or poor, have equitable rates. It also addresses insurance with the notion that sometimes insurance companies do not find a person eligible and that person goes to the indigent provider, often the County, and provides for some equity in those situations. It also says the County should have some say in the rate, particularly when there is disagreement about the rate being correct. A voice vote resulted as follows: Ayes — 11; Noes — 0; Excused — 3 (Legislators Hattery, Mackesey, and Sigler); Vacancy — 1 (District No. 12 — Town of Ithaca) WHEREAS, the New York State Office of Mental Health is actively exploring a comprehensive fiscal restructuring of non -inpatient mental health services, and the Governor and the New York State Department of Health would participate in the review and adoption of any such restructuring, and WHEREAS, under prior fiscal standards and practices governing reimbursement and responsibilities to provide non -inpatient mental health services, certain providers, frequently including those under local governmental auspice, have at times assumed a disproportionate responsibility, to their fiscal disadvantage, in serving medically indigent children, adults and families, and WHEREAS, prior arrangements governing commercial insurance coverage for non -inpatient mental health services have sometimes allowed carriers to reimburse at artificially low rates or deny approval of coverage for enrollees because care for medically indigent persons is eventually assumed in 55 March 4, 2008 default by certain providers, frequently including those under local governmental auspice, now therefore be it RESOLVED, That, as part of any fiscal restructuring of non -inpatient mental health services, (i) responsibility to serve medically indigent persons is equitably distributed and assumed among all Medicaid -eligible facilities and programs in a local geographic area that are paid comparable rates; and (ii) fair commercial insurance rates and authorizations for services to enrollees are assured, RESOLVED, further, That as part of any such fiscal restructuring, county mental hygiene departments are authorized and reimbursed to monitor and periodically attest to the assumption of responsibility by individual mental hygiene facilities and programs in their local geographic area in serving medically indigent persons, and that such attestation be a material factor considered by New York State in determining the status and reimbursement of such facilities and programs, RESOLVED, further, That the Comprehensive Outpatient Program Services (COPS) add-on Medicaid payments reflect a conversion of State aid from New York State only dollars to a mix of Federal and State dollars; and since historically that State aid was under the auspice of County Mental Hygiene Local Governmental Units (LGU) to distribute for the care of the mentally ill, that any formulas for COPS funding redistribution have the approval of the local County LGU to reflect their statutory role regarding local funding allocations, RESOLVED, further, That the Tompkins County Legislature shall forward copies of this Resolution to Governor Spitzer, the New York State Legislature, and all others deemed necessary and SEQR ACTION: TYPE II -20 Approval of Resolution(s) Under the Consent Agenda It was MOVED by Ms. Herrera, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present, to approve the following resolutions under the Consent Agenda: RESOLUTION NO. 30 - AUTHORIZATION TO ACCEPT AN AWARD OF A GRANT FROM THE NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES MOVED by Ms. Herrera, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the Probation Director has been notified of a grant award from the New York State Division of Criminal Justice Services in the amount of $35,600 and referred to as the STOP grant, and WHEREAS, the STOP grant represents a collaborative effort among 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 2008: BUDGET ADJUSTMENT Revenue A3994.43389 State Aid $35,600 Appropriation A3994.51000754 Administrative Services Coordinator $ 5,000 .58800 Fringes $ 1,900 .54442 Professional Services $28,700 SEQR ACTION: TYPE II -20 56 March 4, 2008 RESOLUTION NO. 31 - AUTHORIZATION TO EXECUTE CONSTRUCTION FUNDING AGREEMENT WITH NEW YORK STATE DEPARTMENT OF TRANSPORTATION — RINGWOOD ROAD BRIDGE (BIN 3314160) OVER CASCADILLA CREEK MOVED by Ms. Herrera, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, a Project to replace the Ringwood Road Bridge over Cascadilla Creek, BIN 3314160, P.I.N. 3753.20, (the Project) in the Town of Dryden, is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs of such program to be borne at the ratio of eighty percent Federal funds and twenty percent non -Federal funds, and WHEREAS, Resolution No. 8 adopted on January 19, 2005, approved the Project and authorized execution of an agreement with the New York State Department of Transportation (NYSDOT) regarding administration and funding of Scoping, Design (Phases I -VI), and Right -of -Way Incidentals, and WHEREAS, in order to expedite advancement of the Project and realize potential total project cost reductions, the NYSDOT requires the County to appropriate one -hundred percent of the project costs and then file for reimbursement of eligible costs, and WHEREAS, the County of Tompkins has advanced the above Project, making a commitment of one -hundred percent of the non -Federal share of the costs of Construction, with the Federal share of such costs to be applied directly by the NYSDOT pursuant to Agreement, and WHEREAS, construction of the replacement bridge, authorized through award of bid by Resolution No. 68 adopted on May 1, 2007, is complete and was inspected for acceptance by NYSDOT on January 9, 2008, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the Tompkins County Legislature hereby retroactively approves the above -subject project and the advancement by the County of Tompkins of one -hundred percent of the Federal and non -Federal share of the costs of Construction work for the subject Project or portions thereof, RESOLVED, further, That the sum of $410,000 is hereby made available within account HZ5103.59239.53.11, Ringwood Capital Project Account, to cover the cost of participation in the Construction phase of the Project, RESOLVED, further, That in the event the full Federal and non -Federal share costs of the project exceeds the amount appropriated above, the Tompkins County Legislature shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the NYSDOT thereof, RESOLVED, further, That the Tompkins County Highway Manager be and is hereby authorized to execute all necessary Agreements, certifications, and reimbursement requests for Federal Aid and/or Marchiselli Aid on behalf of the County of Tompkins with the NYSDOT in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality's first -instance funding of Project costs and permanent funding of the local share of Federal - aid and State -aid -eligible Project costs and all Project costs within appropriations therefor that are not so eligible, RESOLVED, further, That a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Proj ect, RESOLVED, further, That this resolution shall take effect immediately. SEQR ACTION: TYPE II - 2 57 March 4, 2008 RESOLUTION NO. 32 - AUTHORIZING A LEASE EXTENSION WITH THE TRANSPORTATION SECURITY ADMINISTRATION (TSA) IN CONNECTION WITH OFFICE AND OTHER OPERATIONAL SPACE IN THE PASSENGER TERMINAL - ITHACA TOMPKINS REGIONAL AIRPORT MOVED by Ms. Herrera, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, by Resolution No. 303 on December 3, 2002, the County Legislature approved a five-year lease agreement with the Transportation Security Administration (TSA) to rent office and other operational space in the airport terminal building, and WHEREAS, with the ongoing need to have TSA personnel present for passenger and baggage security screening duties, the TSA has requested a four-year extension of said lease agreement, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That a four-year extension to the original lease agreement with a negotiated increase in rent be and hereby is approved and that the County Administrator be and hereby is authorized to execute said four-year lease extension. SEQR ACTION: TYPE II -20 RESOLUTION NO. 33 - AUTHORIZING SUPPLEMENTAL CONSULTANT AGREEMENT NO. 9 WITH C&S ENGINEERS, INC., FOR ADDITIONAL DESIGN SERVICES IN CONNECTION WITH THE PARALLEL TAXIWAY RELOCATION (PHASE III) PROJECT — ITHACA TOMPKINS REGIONAL AIRPORT MOVED by Ms. Herrera, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, through Resolution No. 119 dated July 5, 2005, the Legislature awarded a contract to C&S Engineers, Inc., to design the mandated Relocation of the Parallel Taxiway (Phase III) project, and WHEREAS, the design was completed and the County has been awaiting funding from the Federal Aviation Administration (FAA) to construct said Parallel Taxiway Relocation (Phase III) project, and WHEREAS, the FAA has applied for Discretionary Funding to complete this third and final phase during 2008, and WHEREAS, though grant money will be made available for this project, it appears unlikely it will be sufficient to complete the entire project, and WHEREAS, the FAA has asked the County to authorize a re -design of the project that will postpone certain elements of the original construction plan until a later date and thus reduce expected construction costs, and WHEREAS, the re -design work is necessary to deal with consequent changes to elevations, drainage patterns, lighting, signage, and significant revisions to contract drawings and bid documents, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That Supplemental Agreement No. 9 with C&S Engineers, Inc., for additional design services in connection with the Parallel Taxiway Relocation (Phase III) project at a cost of $45,167 be approved, and that the County Administrator is hereby authorized to sign the contract documents and the Finance Director is authorized to make payments until Federal and State reimbursements are received, RESOLVED, further, That the budget for said Supplemental Agreement No. 9 is as follows: Federal Aviation Administration (95%) $42,909.00 58 March 4, 2008 New York State Department of Transportation Airport Operational Budget Total SEQR ACTION: TYPE II -2 (2.5%) (2.5%) Approval of Appointment(s) Under the Consent Agenda $ 1,129.00 $ 1,129.00 $45,167.00 It was MOVED by Ms. Herrera, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present, to approve the following appointments under the Consent Agenda: Personal Emergency Response Service Advisory Board Greg Stevenson — County Legislator; term expires December 31, 2008 Greater Ithaca Activities Center Nathan Shinagawa — County Legislator; term expires December 31, 2009 Air Service Board Michael Stamm — At -Large; term expires December 31, 2010 Alan Pederson — At -Large; term expires December 31, 2010 Recreation Partnership Carol Chock — alternate County Legislator representative; term expires December 31, 2009 Report from the Human Resources Committee Mr. Dennis, Chair, said a mediation session for the Blue Collar Union is scheduled for this Thursday. A brief special Committee meeting will be held prior to the March 18th Legislature meeting to consider a resolution relating to the proposed Governor's budget. He will be requesting an executive session at the end of the meeting to discuss the County Administrator's search process. Report from the Government Operations Committee Ms. Kiefer, Vice Chair, said the Committee has not met; the next meeting is March 14th Mem ber-Filed Resolution RESOLUTION NO. 34 — RESOLUTION SUPPORTING THE GOVERNOR'S PROPOSAL TO ALLOW TOMPKINS COUNTY THE OPTION OF INCREASING THE FEES FOR RECORDING DOCUMENTS WITH THE COUNTY CLERK'S OFFICE MOVED by Ms. Kiefer, seconded by Ms. Robertson. Mr. Proto said he is opposed to this resolution as the County Clerk has been the recipient of an enormous amount of money over the last several years from the State Archives and Records Association for the preservation of records. He asked if the act of increasing the fees in the future is with the County Clerk or will need to be determined by the State. Ms. Kiefer said it is her understanding that counties will have the authority. Ms. Kiefer and Mr. Koplinka-Loehr said specific County Legislative action would be necessary to increase the fees. Mr. Koplinka-Loehr said he supports this because this will only provide counties with options to increase fees. A voice vote resulted as follows on the resolution: Ayes — 9 (Legislators Chock, Dennis, Herrera, Kiefer, Koplinka-Loehr, McBean-Clairborne, Robertson, Shinagawa, and Stevenson); Noes — 2 59 March 4, 2008 (Legislators Proto and Randall); Excused — 3 (Legislators Hattery, Mackesey, and Sigler); Vacancy — 1 (District No. 12 — Town of Ithaca). RESOLUTION ADOPTED. WHEREAS, Tompkins County Clerk's Office serves as the records repository for all manner of documents including land records, mortgages, deeds, and powers of attorney, and WHEREAS, the Tompkins County Clerk must maintain these documents in perpetuity to show a clear chain of title to specific property and maintain a history of ownership, and WHEREAS, this is a massive undertaking, requiring a county -records staff, sophisticated computer hardware and software, and massive amounts of both electronic and physical storage in the form of specific county -records buildings and high-capacity servers, and WHEREAS, additionally the information within these records must be protected against use by individuals seeking to commit crimes such as identity theft, and WHEREAS, for this vital and important service, Tompkins County has received the same compensation for over thirty years, $5 per document and $3 per page, which falls well below the national average for the fees charged for similar services in other states, and WHEREAS, Tompkins County has made great progress in automating and preserving their records and providing improved access to them in recent decades, and WHEREAS, the current fee structure does not cover the costs associated with the essential services provided by the County Clerk's office, and WHEREAS, the Governor's proposal will provide an estimated optional revenue stream to Tompkins County equal to $332,184 or approximately one percent tax levy decrease by 2009, now therefore be it RESOLVED, That Tompkins County supports the Governor's proposal to allow the county option to increase these recording fees to cover the costs associated with maintaining and protecting these important records, RESOLVED, further, That the Tompkins County Legislature shall forward copies of this Resolution to the Governor, the New York State Legislature, and all others deemed necessary and proper. SEQR ACTION: TYPE II -20 Report from the Planning, Development, and Environmental Quality Committee Ms. Robertson, Chair, said the Committee has not met; the next meeting is March 13th Report from the Budget and Capital Committee Mr. Shinagawa, Chair, said the Committee met February 25th and reviewed and discussed its goals. The discussion included the subject of the use of Room Occupancy Tax funds for the specific purpose of economic development. The Committee was informed that a change in State Law would be required if the County were to change the use of these funds. Discussion on this topic will continue at the next Committee meeting and representatives from the tourism field will be attending. The calendar for the Budget process was finalized and the date for the Legislature retreat is April 29th. A request was made to Standing Committees to discuss any serious budget issues presented by departments during June and July. Member -Filed Resolution(s) RESOLUTION NO. 35 — CALLING ON THE GOVERNOR AND STATE LEGISLATURE TO END THE PRACTICE OF PASSING COSTS FOR STATE PROGRAMS TO COUNTY GOVERNMENT AND OUR PROPERTY - TAXPAYERS 60 March 4, 2008 MOVED by Mr. Shinagawa, seconded by Mr. Dennis. Following a brief discussion, it was MOVED by Ms. Robertson, seconded by Ms. Kiefer, to add the following RESOLVED: "Resolved, further, That the Commission on Property Tax should also consider a circuit breaker such as that proposed by Assemblywoman Galliff and Senator Little (Assembly Bill No. 1575; Senate Bill 53"). Mr. Shinagawa said he could not support the amendment because he does not know enough about this proposal or its implications specifically for Tompkins County. Although Ms. Robertson read a summary of the legislation, several Legislators were unable to support the amendment because of the lack of time to review the amendment prior to taking action. A voice vote on the amendment resulted as follows: Ayes — 1 (Legislator Robertson); Noes 10; Excused — 3 (Legislators Hattery, Mackesey, and Sigler); Vacancy — 1 (District No. 12 — Town of Ithaca). AMENDMENT FAILED. A voice vote on the original motion resulted as follows: Ayes — 11; Noes — 0; Excused — 3 (Legislators Hattery, Mackesey, and Sigler); Excused — 1 (District No. 12 — Town of Ithaca). RESOLUTION ADOPTED. WHEREAS, unfunded State mandates shift the responsibility and the cost of implementing State - required programs from the State to the local level and force localities to cut existing services or raise property and other local taxes to cover the additional State requirements, and WHEREAS, State government leaders have acknowledged that high property taxes are a problem for residents and businesses in New York State, making the state less attractive and less competitive, and WHEREAS, the Citizens Budget Commission states that local taxes in New York State are seventy-nine percent higher than the national average and that State laws result in high local tax burdens, and WHEREAS, the Tax Foundation, based in Washington, D.C., reports that nine of the top ten counties nationwide in median real estate taxes as a percentage of median home value are in New York State, and WHEREAS, the Governor has formed a bipartisan commission to make recommendations on a package of reforms that gets at the root causes of what is driving taxes so high, including looking at unfunded mandates on both school districts and municipalities, proposals on how to make our tax relief system fairer to the middle class taxpayer, and a proposal for a fair and effective cap to hold the line on school district property taxes, with said commission due to report its findings in June of this year, and WHEREAS, Tompkins County recommends that State policy makers should strive to forge a stronger State -local partnership by eliminating unnecessary state requirements, should make the State more responsive by requiring state payment of mandates it deems essential and by establishing alternative methods for performance and implementation, and WHEREAS, while awaiting the recommendations of the Governor's commission on ways to reduce the high property taxes in New York State, state policy makers should refrain from making the problem worse by shifting costs from the State's 2008-2009 budget to county budgets and our property taxpayers, now therefore be it RESOLVED, That Tompkins County calls on the Governor and State Legislature to end the practice of passing costs for State programs to county government and our property taxpayers, RESOLVED, further That the Tompkins County Legislature urges the Governor and the State Legislature to recognize how New York State income tax has been flattened across income brackets over the last thirty years, and to reverse that trend and return to a more progressive income tax structure to pay for State mandates on counties and school districts, RESOLVED, further, That the Tompkins County Legislature shall forward copies of this Resolution to Governor Spitzer, the New York State Legislature, and all others deemed necessary and proper. SEQR ACTION: TYPE II -20 61 March 4, 2008 RESOLUTION NO. 36 — SUPPORTING THE GOVERNOR'S PROPOSAL TO RESTRUCTURE AND AUGMENT THE STATE'S PROGRAMS TO ASSIST LOCAL SHARED SERVICES AND CONSOLIDATION EFFORTS MOVED by Mr. Shinagawa, seconded by Mrs. McBean-Clairborne. It was MOVED by Ms. Robertson, seconded by Mr. Proto, to strike the second Resolved. Ms. Robertson said the request contained in this resolution to spend $100 million is inconsistent with other resolutions being forwarded to the State because this asks that funding be increased. A voice vote on the amendment resulted as follows: Ayes — 5 (Legislators Herrera, Kiefer, Proto, Randall, and Robertson); Noes — 6 (Legislators Chock, Dennis, Koplinka-Loehr, McBean-Clairborne, Shinagawa, and Stevenson); Excused — 3 (Legislators Hattery, Mackesey, and Sigler); Vacancy — 1 (District No. 12 — Town of Ithaca). MOTION FAILED. A voice vote on the original resolution resulted as follows: Ayes — 9 (Legislators Chock, Dennis, Herrera, Kiefer, Koplinka-Loehr, McBean-Clairborne, Randall, Shinagawa, and Stevenson); Noes — 2 (Legislators Proto and Robertson). Excused — 3 (Legislators Hattery, Mackesey, and Sigler); Vacancy — 1 (District No. 12 — Town of Ithaca). RESOLUTION ADOPTED. WHEREAS, the Governor's 2008-2009 Executive Budget includes a plan to restructure, enhance, and amend various programs and sections of State law to improve ongoing and future local consolidation plans and shared -service initiatives, and WHEREAS, these changes include: Restructuring the $25 million Shared Municipal Services Incentive (SMSI) grant program to form the Local Government Efficiency Grant Program with specific outlays of grant funding as follows: • $6 million for regional "20 Century Demonstration Projects" promoting large-scale, regional consolidation and shared services pilot projects; • $9 million for shared service implementation grants; • $4 million for shared service study grants; • $4 million for consolidation grants with special emphasis on shared highway service programs which, when undertaken, will provide additional highway aide to participants; • $2 million for administrative assistance grants; Expanding the list of services that can be the subject of shared service contracts; Authorizing non -monetary exchanges of goods and services between local governments; Allowing the State Department of Transportation (DOT) to contract with municipalities for terms of up to five years; Expanding the range of emergency situations for which DOT can provide assistance, and allow municipalities to similarly assist the State; Enabling municipalities that maintain the roads and bridges of other municipalities to receive the same level of payments under the Consolidated Local Highway Improvement Program (CHIPS), and WHEREAS, these proposed changes, many of which were taken from the ideas submitted to the Governor's Commission of Local Government Efficiency and Competitiveness, will allow for easier consolidation of duplicative government functions, more efficient sharing of services and will result in overall lower taxation on local real property owners, now therefore be it RESOLVED, That Tompkins County supports the Governor's proposals to restructure, enhance, and amend various programs and sections of State law to improve ongoing and future local consolidation plans and shared service initiatives, 62 March 4, 2008 RESOLVED, further, That Tompkins County urges the Governor and the State Legislature to increase this funding allocation to $100 million dollars as recommended by the Local Government Commission on Efficiency and Competitiveness, RESOLVED, further, That the Tompkins County Legislature shall forward copies of this Resolution to Governor Spitzer, the New York State Legislature, and all others deemed necessary and proper. SEQR ACTION: TYPE II -20 RESOLUTION NO. 37 — CALLING UPON THE GOVERNOR AND THE NEW YORK STATE LEGISLATURE TO REFRAIN FROM ENACTING NEW PUBLIC EMPLOYEE BENEFIT MANDATES TO ASSIST IN CURTAILING RISING LOCAL PROPERTY TAXES MOVED by Mr. Dennis, seconded by Ms. Kiefer. Ms. Herrera explained her vote in opposition to this resolution. She stated Nassau County Executive Thomas Suozzi and Nicholas Pirro, former Onondaga County Executive and New York State Association of Counties Past President, have never actually been considered friends of the employees of the State, and said for this and other reasons she questions the intent of this resolution. Mr. Dennis said as a former teacher and a member of the Teacher's Union, it is difficult for him to support this resolution. However, as a member of this Legislature and a former City Councilperson, he has seen how binding arbitration has caused difficulties to local communities. He said if binding arbitration were extended to many more municipal employees in New York State localities probably would lose control over setting salaries for a long period of time. Mr. Dennis said there are some changes to the Taylor Law that should be studied and closely looked at. Mr. Stevenson asked for an opinion from the County Attorney if it would be appropriate for him to vote on this resolution because he is a public employee. Mr. Wood advised Mr. Stevenson that it would be appropriate for him to vote on this as it impacts a large group of public employees and arguable, this resolution includes all Legislators. Mr. Stevenson said while he agrees there may be places within the Taylor Law that need examination, this resolution asks for meaningful mandate relief and reforms of compulsory binding arbitration in a broad sense. He said it infers that the whole system is bad and doesn't support that statement. Ms. Chock questioned the way the resolution is worded, particularly the first Resolved. She said the way it is currently written any unrelated personnel cost mandate related to safety or environmental concerns of people who work for the public could be affected. Mr. Dennis said unrelated personnel costs also have to do with health insurance benefits and he would be troubled extending health insurance benefits to retirees at the same level as active employees because this would represent a significant cost increase to every municipality in New York State. Ms. Robertson said she supports this resolution because counties need to be able to have control over these issues and negotiations. A voice vote resulted as follows: Ayes — 8 (Legislators Dennis, Kiefer, Koplinka-Loehr, McBean-Clairborne, Proto, Randall, Robertson, and Shinagawa); Noes — 3 (Legislators Chock, Herrera, and Stevenson). Excused — 3 (Legislators Hattery, Mackesey, and Sigler); Vacancy — 1 (District No. 12 — Town of Ithaca). RESOLUTION ADOPTED. WHEREAS, New York State has the highest state and local tax burden in the nation, and WHEREAS, rising local property taxes contribute to New York's unenviable status in regard to tax burden, and 63 March 4, 2008 WHEREAS, high property taxes are often described as a major impediment to the State's economic growth, which has lagged behind the nation for the past decade, and WHEREAS, the Governor has signed an Executive Order creating the New York State Commission on Property Tax Relief, a bipartisan commission charged with determining the root causes of high property taxes including the effects of state mandates on local governments, and WHEREAS, this Commission is chaired by Nassau County Executive Thomas Suozzi and has among its membership Nicholas Pirro, former Onondaga County Executive and New York State Association of Counties Past President, both of whom will bring their vast knowledge of budgets and experience with State mandates and their costs to the deliberations of the Commission, and WHEREAS, the Governor and the leadership of the Legislature have all pledged to reduce the burden of local property taxes on businesses and property owners as a way to stimulate the State's economic recovery, and WHEREAS, public employee pension benefit enhancements, revisions to the provisions of the Taylor Law, and mandates for new employee leave benefits contribute to higher personnel costs to counties, other units of local governments, and school districts, and in turn represent added burdens to local taxpayers who have to pay the costs of these new benefits, now therefore be it RESOLVED, That Tompkins County hereby calls upon the Legislature not to enact and the Governor not to approve, any new personnel cost mandates as a first step in achieving their promised reduction in the local property tax burden and until the Commission on Property Tax Relief has conducted its review and issued its report, RESOLVED, further, That Tompkins County calls upon the Legislature and the Governor to enact meaningful mandate relief and reforms of compulsory binding arbitration, municipal compensation benefits, and other existing personnel cost mandates, which have increased personnel budget costs and added to the burden of local property taxpayers, RESOLVED, further, That the Tompkins County Legislature shall forward copies of this Resolution to Governor Spitzer, the New York State Legislature, and all others deemed necessary and proper. SEQR ACTION: TYPE II -20 Report and Presentation of Resolution(s) from Public Safety Committee Mr. Stevenson, Chair, reported the Committee met briefly before this meeting to act on resolutions being considered this evening. The next meeting will be March 21st Mr. Proto spoke of a recent meeting held in Binghamton that was sponsored by the State Emergency Management Office regarding the anticipation of flooding and heading off any potential problems this Spring. He spoke of the significant impact the southern portion of the County experienced a couple of years ago by flooding and asked Mr. Shurtleff, Director of Emergency Response, to participate in future meetings. RESOLUTION NO. 38 — URGING THE GOVERNOR AND THE STATE LEGISLATURE TO INCLUDE BUDGETARY LANGUAGE TO INCREASE PROBATION REIMBURSEMENT TO THE STATUTORILY REQUIRED FIFTY PERCENT MOVED by Mr. Stevenson, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present. WHEREAS, Section 246 of the New York State Executive Law stipulates, "State aid shall be granted to the City of New York and the respective counties outside the City of New York only to the extent of reimbursing fifty per centum of the approved expenditures incurred by the county or City in maintaining and improving local probation services.", and 64 March 4, 2008 WHEREAS, over the past two decades, local reimbursement for probation services has decreased from 46.5 percent to lower than 20 percent, and WHEREAS, this deficiency was not addressed by Governor Spitzer in his 2008-2009 budget proposal, and WHEREAS, while reimbursement has diminished, state mandates on probation have increased to include interim supervision, DNA collections, sex offender registration, ignition interlock, and community service for Driving While Intoxicated (DWI), and WHEREAS, counties have been forced to assume a greater proportion of probation costs as the scope of probation services expands and new technologies arise for tracking and monitoring the activities of probationers, and WHEREAS, in recent years, these costs have escalated sharply and dwindling State reimbursement and dedicated local funds are not enough to meet the demands placed on local probation departments, and WHEREAS, probation officers typically travel great distances to meet with probationers at home or work, incurring additional non -reimbursed expenses, and WHEREAS, the high costs associated with quality probation services has forced counties to assume a greater proportion of probation expenses, resulting in layoffs, reductions in services, and/or increases in property taxes, and WHEREAS, Tompkins County realizes that effective probation services provide substantial savings for the State by reducing the reliance on incarceration and placements, as evidenced by the 63,000 felons and the 43,000 juveniles currently receiving probation services, now therefore be it RESOLVED, That Tompkins County in conjunction with Chief Judge Judith Kaye, the Office of Court Administration, and the New York State Council of Probation Administrators (COPA), urges the Governor and the State Legislature to support the restoration of State aid to local probation departments to a full fifty percent of approved expenditures incurred by the county or City of New York in maintaining and improving local probation services, RESOLVED, further, That any new public safety mandate imposed pursuant to State law, regulation, or Executive Order that imposes additional duties upon local probation departments, or directly increases the population of offenders subject to the jurisdiction of any such department, be fully funded by the State, RESOLVED, further, That the Tompkins County Legislature shall forward copies of this Resolution to Governor Spitzer, the New York State Legislature, and all others deemed necessary and proper. SEQR ACTION: TYPE 1I-20 RESOLUTION NO. 39 — URGING THE GOVERNOR AND THE STATE LEGISLATURE TO HOLD COUNTIES HARMLESS FOR ANY STATE -MANDATED INCREASES FOR DISTRICT ATTORNEYS' SALARIES MOVED by Mr. Stevenson, seconded by Mr. Dennis, and unanimously adopted by voice vote by members present. WHEREAS, legislation proposed by Governor Spitzer as part of his 2008-2009 Executive Budget provides a twenty-one percent salary increase for State -paid judges and justices, retroactive to April 1, 2006, and an additional 2.5 percent on April 1, 2008, and WHEREAS, historically, when the Governor and the Legislature have authorized pay increases for these judges and justices they have also included supplemental appropriations for counties to offset the state mandated pay increase this creates for district attorneys, and WHEREAS, the Governor's proposal will provide $3 million to counties for a portion of those costs, with counties being responsible for the sizable retroactive difference in district attorney salaries, and 65 March 4, 2008 WHEREAS, if the State does not completely cover this mandatory salary increase for District Attorneys, county taxpayers will be forced to shoulder these expenses, and WHEREAS, with county budgets already in place for 2008, the burden of state set retroactive salary increases for district attorneys will have a $26,000 negative fiscal impact on Tompkins County, now therefore be it RESOLVED, on recommendation of the Public Safety Committee, That Tompkins County is calling upon the Governor and the Legislature to remain consistent with past practices and include language holding counties harmless for any pay increases for judges and justices of the Unified Court System and District Attorneys, RESOLVED, further, That the Tompkins County Legislature shall forward copies of this Resolution to Governor Spitzer, the New York State Legislature, and all others deemed necessary and proper. SEQR ACTION: TYPE II -20 Report from the Workforce Diversity and Inclusion Committee Mrs. McBean-Clairborne, Chair, reported the Committee met on February 27th. The Committee is hoping to engage the County in discussion of a Strength in Diversity Award. This award would not only be for County departments and employees, but members of the community as well because everyone is working towards engaging or are doing things to continue to promote health and diversity within the community. They are also continuing to roll out the Diversity Statement to departments and agencies. Mrs. McBean-Clairborne said the Committee is trying to work diligently, however, a lot of the work is involved and they will be exploring ways to allow more staff time to be allocated to the Committee's efforts. Report from the Health and Human Services Committee Mr. Proto, Chair, reported the Committee will meet tomorrow. There will be a discussion of space needs for the Office for the Aging and the State's recommendation on the Preschool Handicapped Children's Program. Member -Filed Resolution(s) RESOLUTION NO. 40 - URGING THE STATE LEGISLATURE TO OPPOSE THE PROPOSED SHIFT OF THE STATE'S HISTORIC SHARE OF PUBLIC ASSISTANCE TO TOMPKINS COUNTY MOVED by Mr. Proto, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present. WHEREAS, since 1938, counties and New York State have equally shared in the non -Federal cost of public assistance at a fifty percent state, fifty percent local split for this program, and WHEREAS, the 2008-09 Executive Budget proposes to break this historic State and local fiscal partnership by increasing the County share by two percent while simultaneously decreasing the State's cost for the Family Assistance and the Safety Net program by two percent, and WHEREAS, the Governor's proposed budget includes another serious impact to counties by implementing a local share for the cost of carving out two-parent families from the Federal work participation rates, by removing the local district hold -harmless provision, and WHEREAS, with counties budgets already in place in 2008, these two budget actions -- this carve -out of the two-parent families and increasing the County share of public assistance by two percent - - negatively impacts Tompkins County's budget by $106,000, a nearly 0.5 percent tax levy increase, now therefore be it 66 March 4, 2008 RESOLVED, That Tompkins County opposes any policy or fiscal initiative like this proposed increase in the local share for public assistance and "two-parent carve -out" that changes the fundamental promise Governor Spitzer made to the County about ongoing, historic state and local partnerships, RESOLVED, further, That the Tompkins County Legislature shall forward copies of this Resolution to Governor Spitzer, the New York State Legislature, and all others deemed necessary and proper. SEQR ACTION: TYPE II -20 RESOLUTION NO. 41 - URGING THE GOVERNOR AND STATE LEGISLATURE TO REMOVE TOMPKINS COUNTY FROM THE FISCAL AND PROGRAMMATIC RESPONSIBILITY OF THE PRESCHOOL SPECIAL EDUCATION PROGRAM MOVED by Mr. Proto, seconded by Ms. Robertson, and unanimously adopted by voice vote by members present. Mr. Proto said while he will vote in support of this to save a percentage on the County property tax bill, he has a concern that this will result in an increase on the school tax bill. WHEREAS, Chapter 23 of the Laws of 1989 established the Preschool Program for Children with Handicapping Conditions -Educational Program as Section 4410 of the Education Law, and WHEREAS, this law included a provision to reduce the county fiscal liability to 25 percent by the 1993-1994 school year, and WHEREAS, succeeding statutes, beginning with the Deficit Reduction Act of 1990, have reneged on State statutory assurances of increased State fiscal participation in the program and the state has consistently resorted to balancing the State Budget by decreasing the State's portion of the program costs, and WHEREAS, this mandated program has grown exponentially in Tompkins County share, from $1 million in 1989 to nearly $2 million in 2006-2007, and WHEREAS, the Federal and State law places responsibility for the program with the educational system and gives decision-making authority to school districts, and WHEREAS, the financial burden for programmatic decisions falls on Tompkins County rather than on school districts, and WHEREAS, the Governor and State Legislature last year recognized the need to reform the Preschool Special Education Program and established the Temporary Task Force on Preschool Special Education to make recommendations for the same, and WHEREAS, the Temporary Task Force on Preschool Special Education, in its final report, recommended that county fiscal participation be capped and county programmatic and administrative involvement be eliminated by 2013, and WHEREAS, the 2008-2009 Executive Budget proposes to limit the growth of Tompkins County expenditures for the preschool special education program at 4 percent the first year, 3.5 percent the second year, and 3 percent the third year and every year thereafter, and WHEREAS, this proposal imposes a new financial requirement on school districts by requiring them to take over the State responsibility to reimburse counties 59.5 percent of the costs of Committee on Preschool Special Education (CPSE) administration and evaluations, and WHEREAS, Tompkins County appreciates the Governor's proposal to "cap" county expenses but urges that the "cap" be carefully examined and structured to maximize savings and long-term benefits to counties, now therefore be it RESOLVED, That Tompkins County believes that counties should, ultimately, be removed from the fiscal, contractual, and programmatic responsibilities of the 4410 Preschool Special Education Program, RESOLVED, further, That Tompkins County calls on the Governor and State Legislature to build off of the 2008-09 Executive Budget proposal to "cap" the growth of county Preschool Special Education expenses and ensure that counties statewide benefit from this proposal, 67 March 4, 2008 RESOLVED, further, That Tompkins County calls on the Governor and State Legislature to begin, in 2008-09, the process for transitioning programmatic and administrative responsibility from counties in line with the recommendations of the Temporary Task Force on Preschool Education, RESOLVED, further, That the Tompkins County Legislature shall forward copies of this Resolution to Governor Spitzer, the New York State Legislature, and all others deemed necessary and proper. SEQR ACTION: TYPE II -20 RESOLUTION NO. 42 — URGING THE STATE LEGISLATURE TO OPPOSE THE PROPOSED SHIFT OF ONE -HUNDRED PERCENT OF THE COST OF JUVENILE DETENTION FACILITIES TO TOMPKINS COUNTY MOVED by Mr. Proto, seconded by Mr. Stevenson, and unanimously adopted by voice vote by members present. WHEREAS, Tompkins County strongly opposes the unprecedented 2008-2009 Executive Budget proposal that ends the state and local partnership in funding the costs associated with operating local juvenile detention facilities by requiring counties to assume one -hundred percent of the cost, and WHEREAS, according to the 2008-2009 Executive Budget proposal, effective April 1, 2008, counties will assume the full cost of youth placed by the Family Court in secure and non -secure detention facilities, and WHEREAS, currently, the State reimburses counties fifty percent for secure and non -secure juvenile detention costs, and with county budgets for 2008 already in place, shifting the cost completely to Tompkins County, will mean an increase in cost to the county budget of $100,000, a 0.3% tax levy increase, and WHEREAS, the policy rationale behind this cost -shift is the State's recommendation that Tompkins County find alternative, diversion programs for these youth, such as community-based solutions, however, there is no possibility of diversion or other community-based alternatives for a youth who has been placed in a secure detention facility, and WHEREAS, this is an example of a break in a state and local partnership, where local property taxpayers will be directly impacted, and WHEREAS, at the time of this proposal, the State is currently in the process of closing many of their state-owned and operated secure detention facilities, which will result in immediate State savings, now therefore be it RESOLVED, That Tompkins County urges the State Legislature to oppose this change in reimbursement policy and fiscal shift of 100 percent of the cost of juvenile detention facilities to counties, and to focus on strengthening, not severing, the state and local partnership, RESOLVED, further, That the Tompkins County Legislature shall forward copies of this Resolution to Governor Spitzer, the New York State Legislature, and all others deemed necessary and proper. SEQR ACTION: TYPE II -20 RESOLUTION NO. 43 - URGING THE STATE LEGISLATURE AND THE GOVERNOR TO SUPPORT LOCAL PUBLIC HEALTH INITIATIVES MOVED by Mr. Proto, seconded by Mr. Randall, and unanimously adopted by voice vote by members present. WHEREAS, Tompkins County recognizes Governor Spitzer's commitment to funding local public health initiatives, as well as the overall local public health infrastructure in the 2008-2009 Executive Budget Proposal, and 68 March 4, 2008 WHEREAS, Tompkins County provides essential public health services in its communities and is a consistent leader in addressing public health priorities, and WHEREAS, the 2008-2009 Executive Budget Proposal allocates $20 million in additional funds for essential local public health services, which include disease control, family health, and environmental health services, and WHEREAS, the budget proposal expands the Public Health Leaders for Tomorrow initiative, which offers funding for local public-health leaders to obtain ongoing education in recognition of identified workforce needs, and WHEREAS, there is also increased funding for lead -prevention efforts, with a focus on primary prevention, and WHEREAS, new chronic -disease funding includes appropriations for healthy -eating coalitions and the Healthy Schools Act, which expands access to nutritious meals for school-age children, now therefore be it RESOLVED, That Tompkins County supports funding and policy initiatives that serve to help further local health efforts to prevent disease and disability, promote health and safety, and protect the environment, RESOLVED, further, That the Tompkins County Legislature shall forward copies of this Resolution to Governor Spitzer, the New York State Legislature, and all others deemed necessary and proper. SEQR ACTION: TYPE II -20 Mr. Proto requested that all of the resolutions being adopted this evening with regard to the State Budget be copied and distributed to Tompkins County's State representatives. Report and Presentation of Resolution(s) by the Facilities and Infrastructure Committee Mrs. McBean-Clairborne, Chair, reported the Committee met on February 21. The Committee discussed the proposed Town of Lansing sewer district, disposal of the Biggs building, and received an update on Brown Road. It was reported by Commissioner Marx that the anticipated closing date of Brown Road is May 11th. The Facilities Division will have the master file on that project and any Legislator wanting to review that file may contact that Department. Mrs. McBean-Clairborne said the Committee also discussed space needs for the Office for the Aging; discussions will continue with Lifelong. Mr. Dennis reported the building committee for Brown Road will be concluding interviews in March and the Legislature can then make a decision on what group will be doing the design and the other items consistent with moving that project forward. RESOLUTION NO. 44 — URGING A GREATER STATE COMMITMENT TO MAINTAINING THE SAFETY AND INTEGRITY OF LOCAL HIGHWAYS AND BRIDGES MOVED by Mrs. McBean-Clairborne, seconded by Mr. Randall, and unanimously adopted by voice vote by members present. WHEREAS, Tompkins County is responsible 304.4 miles of roadways, and 109 bridges, and WHEREAS, a safe and efficient highway infrastructure is necessary for trade, economic development, revitalization, and functioning of our schools, businesses, health and hospital facilities, emergency responders, as well as the general traveling public, and WHEREAS, the State's Consolidated Highway Improvement Program (CHIPs) funds are vital to the Tompkins County Highway Department in order to maintain and upgrade important components of the local transportation system, and to purchase necessary highway equipment and materials, and 69 March 4, 2008 WHEREAS, the level of CHIPs funding in the current five-year capital plan falls well short of what is needed to assist counties in addressing the ever -deteriorating conditions of local roads and bridges, and WHEREAS, while structural deficiencies in the State Dedicated Highway and Bridge Trust Fund (DHBTF) and expenditures for non -transportation infrastructure construction and maintenance purposes threaten the flow of capital funds to this vital local transportation funding program, and WHEREAS, the Marchiselli Funding Program is the State component of a successful Federal, State, and local partnership, delivering transportation improvements to federally aidable local highway projects, and WHEREAS, Marchiselli Funding has decreased and this means the County may not be able to take full advantage of the availability of federal funding, and many qualifying projects go unfunded, and WHEREAS, the demands on the County -owned 109 bridges, too many of which are in aging and deteriorating condition, necessitate the establishment of a new funding commitment by the State to a local bridge and culvert program, and WHEREAS, while the local system remains woefully underfunded, costs of maintenance, fuel, equipment, and materials continue to increase and the local infrastructure continues to deteriorate, making it necessary to substantially increase CHIPs funding to meet today's and future needs and make up for the deleterious effects of inflation, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That Tompkins County appreciates the Governor's recognition of the construction and maintenance needs of local bridges and supports additional, recurring, and dedicated revenues to fund bridge and highway projects as a good first step in addressing the critical needs of the local transportation system as long as the financial mechanisms will insure the integrity and long-term viability of the State Dedicated Highway and Bridge Trust Fund, RESOLVED, further, That Tompkins County supports proposals to restore the fiscal integrity of the State Dedicated Highway and Bridge Trust Fund by phasing -out the responsibility for non -capital expenditures, which are unrelated to construction and repair of transportation infrastructure, RESOLVED, further, That Tompkins County urges the Governor and the Legislature of the State of New York to support increases in local transportation programs, particularly for CHIPs and Marchiselli, to ensure the safety of the local transportation systems, which are so important to the State's economy and the thousands of citizens who rely on local roads every day to get them to and from their places of employment, RESOLVED, further, That the Tompkins County Legislature shall forward copies of this Resolution to Governor Spitzer, the New York State Legislature, and all others deemed necessary and proper. SEQR ACTION: TYPE I1-20 Mr. Proto said he recently read that the Governor was proposing a cut in State aid to community colleges and also an increase in the tuition rate, and asked for a status report. Mr. Whicher said he believes it is a $50 decrease in State Aid per full-time equivalent student, and would result in approximately a $100,000 decrease to Tompkins Cortland Community College. It was suggested that a resolution in opposition to this decrease be presented at the next meeting. Approval of Minutes of February 19, 2008 It was MOVED by Mr. Stevenson, seconded by Mr. Randall, and unanimously adopted by voice vote by members present, to approve the minutes of February 19, 2008. MINUTES APPROVED. Recess Mr. Koplinka-Loehr declared recess from 7:45 p.m. to 7:55 p.m. 70 March 4, 2008 Executive Session It was MOVED by Mr. Dennis, seconded by Mr. Shinagawa, and unanimously adopted by voice vote by members present, to enter into executive session at 7:55 p.m. to discuss personnel matters. The meeting returned to open session at 8:42 p.m. Adjournment The meeting adjourned at 8:42 p.m. 71 March 13, 2008 Special Meeting Call to Order Chair Koplinka-Loehr called the meeting to order at 6:03 p.m. Roll Call of Members Present: 13 Legislators (Legislator Proto arrived at 6:16 p.m.). Excused: 1 (Legislator Randall). Vacancy: 1 (District No. 12 — Town of Ithaca). Executive Session It was MOVED by Ms. Robertson, seconded by Mr. Hattery, and unanimously adopted by voice vote by members present, to hold an executive session to discuss a personnel matter. An executive session was held at 6:04 p.m. and returned to open session at 8:53 p.m. Adjournment The meeting adjourned at 8:53 p.m. 72 March 18, 2008 Regular Meeting Public Hearing — Continuation of and Revisions to Agricultural District No. 2 (located within the Towns of Danby, Ithaca, Newfield, Enfield, and Ulysses) Chair Koplinka-Loehr called the public hearing to order at 5:30 p.m. concerning a continuation of and revisions to Agricultural District No. 2 (located within the Towns of Danby, Ithaca, Newfield, Enfield, and Ulysses), and asked if anyone wished to speak. No one wished to speak and the public hearing was closed at 5:31 p.m. Call to Order Chair Koplinka-Loehr 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. Present: 13 Legislators. Excused: 1 (Legislators Chock). Vacancy: 1 (District No. 12 — Town of Ithaca). Presentation of Proclamations Mr. Koplinka-Loehr presented a proclamation declaring the hour of 8:00 p.m. to 9:00 p.m. on March 29, 2008, Earth Hour, and urged residents to turn off their lights at this time. Steve Nicholson, Chair of the Environmental Management Council, accepted the proclamation and asked that during the hour people take time to get to know your neighbors. Mr. Koplinka-Loehr then presented a proclamation declaring the days of March 20, 2008 through March 27, 2008, as World Water Days for UNICEF. "Mac" (Charles) Larsen accepted the proclamation and noted that every dollar donated provides a day of clean water. Privilege of the Floor by the Public Steve Nicholson, Chair of the Environmental Management Council, spoke of his attendance at a Tompkins Renewable Energy Alliance meeting where the topic of a permit for a 165 -foot meteorological tower at a proposed wind tower site at Ithaca College was discussed. The purpose of the tower is to study whether adequate wind exists to justify the location. At this time a planned second meeting has been cancelled as a result of hearing there is a request by County personnel to conduct a visual impact study. Mr. Nicholson said he was unaware of this and inquired if any Legislator was aware of such a request. Mr. Koplinka-Loehr said he would pass this request to the Commissioner of Planning and Public Works. Distinguished Citizen Award Mr. Stevenson, District No. 8 Legislator, said this award is not the usual Distinguished Youth Award presented at the Legislature meeting. He spoke of the life-saving efforts undertaken by Teresa Whitaker for her use of an AED at Cornell University on January 11, 2008, and Frank Towner for his use of an AED at the YMCA on February 15, 2008. Mr. Stevenson noted that the individuals were trained in the use of the AED, followed the instructions provided, and as a result were able to save the lives of two individuals. He presented both with a Tompkins County Distinguished Citizen Award and thanked them for their efforts. Mr. Stevenson noted that had an emergency of this type occurred in a County -owned building the result could have had a negative outcome as we do not have public -access AED availability. 73 March 18, 2008 Mr. Towner said that unfortunately using an AED does not always have a successful outcome and asked that recognition be given to all who attempt to assist others and not just the ones that have a positive outcome. Privilege of the Floor by Legislators Ms. Kiefer, District No. 10 Legislator, spoke of the Earth Hour proclamation having begun in Australia in 2007 as a demonstration that was the result of the government not having signed the Kyoto protocol. She noted that in November the government changed and an immediate step was the new government signed the Kyoto protocol, which she would like to see happen for this country. Ms. Mackesey, District No. 1 Legislator, reported that the next meeting of the Upstate Task Force on Garbage Transport would take place on April 17th in the Scott Heyman Conference Room. Ms. Robertson, District No. 13 Legislator, noted this week is the fifth anniversary of the war in Iraq, during which almost 4,000 Americans have died and thousands have been wounded, with untold number of Iraqi deaths. She asked that individuals continue to be aware of the situation. Ms. Robertson said Congressman Hinchey would be speaking at the First Baptist Church on March 19th to discuss the war. A meeting took place on March 17th with Mr. Arcuri and members of the Legislature, where budget cuts, the economy, and the effect of war spending have on the Country. Ms. Mackesey reported former Legislator Stuart W. Stein received the first annual Howard Cogan Award for Tourism. She said Mr. Stein continues his efforts to improve tourism in the County. Mr. Proto, District No. 7 Legislator, reported the Water Resources Council has been working with Cornell University to develop a lake -monitoring project that will continue the monitoring efforts of the south end of Cayuga Lake. There has been one meeting thus far with data presentation and it is anticipated that within the next several months a resolution will be brought forward to support this joint project. He noted that phosphorus levels are not as high as was thought and the majority is a result of sedimentary runoff from Fall Creek in particular. Mr. Proto then spoke of the proposed merger between New York State Electric and Gas and Iberdrola, noting he plans to write to Iberdola to call attention to the need for increased maintenance work and staffing, particularly in light of the recent power outage and encouraged fellow Legislators to do the same. Moment of Silence In response to a request by Ms. Kiefer, Mr. Koplinka-Loehr asked for a moment of silence in memory of those who lost their lives during the Iraq war. Report from the Municipal Officials There was no municipal official present. Presentation — Convention and Visitors Bureau Fred Bonn, Director, provided a presentation highlighting the year-end report on tourism in Tompkins County. The report indicated that winter -recess tourism significantly increased, almost doubling figures in all areas. He also noted that although concerns regarding increased fuel expense have been raised, 2008 business has in excess of $3.5 million on the books. Mr. Bonn shared marketing information and national media success for the County as a result of a variety of activities taking place throughout the year. The economic impact for 2007 indicated that Tompkins County has an above- average rating for Upstate New York and the Finger Lakes Region and is on par with the overall United States. In addition, tourism -generated taxes show that the County has obtained 7.2 percent of the regional 74 March 18, 2008 share and provides $16,732,363 in local taxes. Mr. Bonn provided information regarding the plans for the 2008 tourism season, for example, a Wine Center opening in August, and indicated he believes that the County will continue to see growth in the tourism area. Chair's Report Mr. Koplinka-Loehr extended best wishes to newly appointed Governor David Paterson and said he hopes for the State budget to be adopted by April 1St. He reported a quarterly meeting between the County and Cornell University took place on March 17th, with the next meeting to occur in May. He noted interested parties could review the meeting minutes if desired. Mr. Koplinka-Loehr congratulated the Cornell University basketball teams that would participate in the NCAA tournaments. He reported he met with Congressman Arcuri to provide background briefing, exchange information, and discuss ways to assist the County. Mr. Koplinka-Loehr said he would be requesting an executive session later in the meeting to discuss personnel issues. Report from the County Administrator Mr. Whicher had no report. Report from the County Attorney Mr. Flash, Deputy County Attorney, had no report. Report from the Finance Director Mr. Squires reported the County was successful in bankruptcy court with the property being discharged and it will be included in the next auction. He then reported the February sales tax revenue is three percent above last February's figures and for the two-month period revenues are seven percent over last year. He said it appears the County's increase in sales tax revenue income is unique since sales tax revenue throughout the country has decreased. In response to Ms. Kiefer's question, Mr. Squires said the property is not owner -occupied. He then reported he would be undertaking an effort to personally speak to all owner -occupied dwellings that are in tax foreclosure to address the seriousness of the upcoming auction. Withdrawal of Resolution(s) from the Agenda There were no resolution(s) withdrawn from the agenda. Addition of Resolution(s) to the Agenda There were no resolution(s) added to the agenda. Approval of Resolution(s) Under the Consent Agenda MOVED by Ms. Robertson, seconded by Ms. Mackesey, and unanimously adopted by voice vote by members present, to approve the following resolutions under the Consent Agenda: RESOLUTION NO. 45 — CORRECTION OF TAXES — TOWN OF ENFIELD (10-1-14.11/1) MOVED by Ms. Robertson, seconded by Ms. Mackesey, and unanimously adopted by voice vote by members present under the Consent Agenda. 75 March 18, 2008 WHEREAS, the Legislature is informed that an error has been made in the 2008 tax roll of the Town of Enfield, namely parcel 10.-1-14.11/1, assessed to Allan Porter and Debra Parsons for Judy Brown, was erroneously charged for 15 Solid Waste units, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the entry on the tax roll of $780.00 be corrected to reflect a total of $0.00, RESOLVED, further, That the Town of Enfield Tax Collector is directed to correct the 2008 Tax Roll, RESOLVED, further, That the amount of $780.00 be charged back to the Tompkins County Solid Waste Division. SEQR ACTION: TYPE II -20 RESOLUTION NO. 46 - BUDGET ADJUSTMENTS — PLANNING DEPARTMENT MOVED by Ms. Robertson, seconded by Ms. Mackesey, 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 Planning, Development, and Environmental Quality Committees, 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) CD8688.44959 Federal Aid $600,000 CD8688.54400 Program Expense CD8695.42411 CD Program Income $150,000 CD8695.54400 Program Expense Explanation: HO 8 State Grant Funds, HO HUD Program Income Funds. SEQR ACTION: TYPE II -20 RESOLUTION NO. 47 - AUTHORIZING THE TRANSFER OF LOCAL FUNDS AND CONTRACTUAL AUTHORITY FOR THE BRIDGES PROGRAM FOR YOUTH FROM THE YOUTH SERVICES DEPARTMENT TO THE SOCIAL SERVICES DEPARTMENT, AND AN ASSOCIATED BUDGET ADJUSTMENT FOR THE LATTER MOVED by Ms. Robertson, seconded by Ms. Mackesey, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, through its Bridges program, Berkshire Farms provides anger -management training and crisis management support to help prevent 150 youth per year from acting aggressively and/or running away from home, thereby reducing or eliminating their need for foster care and/or juvenile justice services, and WHEREAS, the New York State Office of Family and Children's Services has approved the Department of Social Services' application for the Bridges program to receive a COPS (Community Optional Preventive Services) designation, qualifying it for Federal and enhanced State reimbursement as a Preventive Services Program of the local Department of Social Services, and WHEREAS, the Tompkins County Legislature had previously approved one -hundred percent local funding for this program through the Youth Services Department's budget in 2008, and WHEREAS, transferring local funding and contractual authority for this program from the Youth Services Department to the Department of Social Services will allow for those local funds to be leveraged and the program expanded at no increase to local cost, now therefore be it 76 March 18, 2008 RESOLVED, on recommendation of the Health and Human Services and the Budget and Capital Committees, That the Department of Social Services is authorized to enter into a contract worth $48,000 to pay for the Rural Risk Reduction Bridges program from April through December, RESOLVED, further, That the Youth Services Department shall redirect $16,800 of the local funds in its 2008 budget for the Primary School Support Program to Social Services for the local cost of the program for the remaining three quarters of 2008, RESOLVED, further, That the Director of Finance is authorized to make the following adjustments to the Social Services 2008 budget: Appropriation: 6070.54400 Purchase of Services $48,000 Revenue: 6070.41894 Social Services Charges $16,800 6070.43670 State Reimbursement $31,200 SEQR ACTION: TYPE II -20 RESOLUTION NO. 48 - AUTHORIZING THE TRANSFER OF LOCAL FUNDS AND CONTRACTUAL AUTHORITY FOR THE `RURAL RISK REDUCTION PROGRAM' FROM THE YOUTH SERVICES DEPARTMENT TO THE SOCIAL SERVICES DEPARTMENT, WITH AN ASSOCIATED BUDGET ADJUSTMENT FOR THE LATTER MOVED by Ms. Robertson, seconded by Ms. Mackesey, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, Cornell Cooperative Extension of Tompkins County provides youth development programming to 150 middle school -aged youth in Newfield and Enfield to reduce their need for foster care and/or juvenile justice services, and WHEREAS, the New York State Office of Family and Children's Services has approved the Department of Social Services' application for this Rural Risk Reduction program to receive a COPS (Community Optional Preventive Services) designation, qualifying it for Federal and enhanced State reimbursement as a Preventive Services Program of the local Department of Social Services, and WHEREAS, the Tompkins County Legislature had previously approved one -hundred percent local funding for this program through the Youth Services Department's budget in 2008, and WHEREAS, transferring local funding and contractual authority for this program from the Youth Services Department to the Department of Social Services will allow for those local funds to be leveraged and the program expanded at no increase to local cost, 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 is authorized to enter into a contract worth $81,828 to pay for the Rural Risk Reduction program from April through December, RESOLVED, further, That the Youth Services Department shall redirect $28,640 of the local funds in its 2008 budget for the Primary School Support Program to Social Services for the local cost of the program for the remaining three quarters of 2008, RESOLVED, further, That the Director of Finance is authorized to make the following adjustments to the Social Services 2008 budget: Appropriation: 6070.54400 Purchase of Services $81,828 Revenue: 6070.41894 Social Services Charges $28,640 6070.43670 State Reimbursement $53,188 SEQR ACTION: TYPE II -20 Approval of Appointment(s) Under the Consent Agenda 77 March 18, 2008 It was MOVED by Ms. Robertson, seconded by Ms. Mackesey, and unanimously adopted by voice vote by members present, to approve the following appointments under the Consent Agenda: Soil and Water Conservation District Frank P. Proto, County Legislator; term expires December 31, 2008 Tompkins Consolidated Area Transit Pamela Mackesey, County Legislator; term expires December 31, 2010 Planning Advisory Board Martha Armstrong, Economic Development; term expires December 31, 2008 Report and Presentation of Resolution(s) from the Government Operations Committee Mr. Hattery, Chair, reported the Committee met on March 14th and reviewed the Assessment Department public information DVD, which was favorably received. In addition the Assessment Department provided a brief presentation regarding annual versus triennial assessments; a resolution may come to the full Legislature following information regarding State aid. The Board of Elections provided an update on the consolidation of polling sites. The Committee approved some interim green -fleet guidelines for the establishment of a procedure. In addition a brief report was provided on process for future use of the Biggs property. At the next meeting the Committee will be discussing the 2010 to 2013 Legislature salaries. RESOLUTION NO. 49 — APPOINTMENT OF TEMPORARY BOARD OF ASSESSMENT REVIEW HEARING MEMBERS TO SERVE ON ADMINISTRATIVE HEARING PANELS MOVED by Mr. Hattery, seconded by Mr. Stevenson. A voice vote resulted as follows: Ayes — 12, Noes — 0, Temporarily Out of Room — 1 (Legislator Proto), Excused — 1 (Legislator Chock); Vacant — 1 (District No. 12 — Town of Ithaca). RESOLUTION ADOPTED. 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, Michael Cannon, Susan Lustick, and Judy VanNest 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. 50 - APPROVAL OF DESIGNATIONS OF SUCCESSORS MOVED by Mr. Hattery, seconded by Mr. Dennis. Ms. Kiefer said she believed the order of succession for the Emergency Response Director should be amended to reflect Lee Shurtleffs initial order which was changed at Government Operations; she noted her belief that the Communication System Manager is knowledgeable about day-to-day operations and would defer to the Assistant Director of Fire and Emergency Medical Services in the event of an emergency situation which is the responsibility of the Assistant Director. 78 March 18, 2008 It was MOVED by Ms. Kiefer, seconded by Mr. Stevenson, to amend the resolution to indicate the Communication System Manager would be first successor, with the Assistant Director of Fire and Emergency Medical Services as second successor for the position of Director of Emergency Response. A voice vote on the amendment resulted as follows: Ayes — 4 (Legislators Dennis, Kiefer, Mackesey, and Stevenson); Noes — 8 (Legislators Hattery, Herrera, Koplinka-Loehr, McBean-Clairbome, Randall, Robertson, Sigler, and Shinagawa); Temporarily Out of Room — 1 (Legislator Proto); Excused — 1 (Legislator Chock); Vacant — 1 (District No. 12 — Town of Ithaca). MOTION FAILED. A voice vote on the original resolution resulted as follows: Ayes — 10; Noes — 2 (Legislators Kiefer and Stevenson); Temporarily Out of Room — 1 (Legislator Proto); Excused — 1 (Legislator Chock); Vacant — 1 (District No. 12 — Town of Ithaca). RESOLUTION ADOPTED. 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: Assistant Airport Manager Airport Terminal Services Coordinator Operations Supervisor County Administrator: Deputy County Administrators Full -Time Part -Time County Attorney Finance Director Deputy County Attorney Director of Children's Services Director of Administrative Services Social Services Staff Development and Quality Coordinator Assistant Fire and Emergency Management Director 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 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: SEQR ACTION: TYPE II -20 79 March 18, 2008 RESOLUTION NO. 51 - AUTHORIZING APPROXIMATELY 12.5 ACRES OF LAND BELONGING TO THE ITHACA TOMPKINS REGIONAL AIRPORT TO BE INCLUDED IN A TOWN OF LANSING SEWER DISTRICT DEVELOPMENT MOVED by Mr. Hattery, seconded by Mr. Stevenson. Ms. Herrera said she will not support the resolution; she does not feel that it is a government's place to assist in adding fees for revenue -generating real estate transactions. She believes it would be more appropriate to join the district at a later date. Mr. Hattery noted the development area is outside of the buffer zone. Mr. Marx clarified a portion of the parcel is in the runway protection zone, however it is excluded from the 12.5 acres that are a potential Empire Zone area. He further stated the estimated cost is $4,500 per year, with the project proceeding with or without the airport participation. He noted that based upon the level of expenditure, it is anticipated that if development of the property began within five years it would pay back the fees spent within a two-year period and have a net positive revenue of up to $250,000 in twenty years. Also having the infrastructure in place makes the property more desirable to prospective developers. In response to Mr. Sigler's question, Mr. Marx said the property was purchased in part with Federal Aviation Administration (FAA) funds and would require any revenue to be made to the airport. In addition, although the FAA would need to approve any developments, it is not anticipated there would be a problem, particularly since they encourage the airports to seek other revenue streams. Ms. Kiefer said that she voted against this at Committee and is not enthusiastic, however she will support the resolution at this time. A voice vote on the resolution resulted as follows: Ayes — 10; Noes — 3 (Legislators Herrera, Proto, and Randall); Excused — 1 (Legislator Chock); Vacant — 1 ((District No. 12 — Town of Ithaca). RESOLUTION ADOPTED. WHEREAS, the Town of Lansing is proposing to create a sewer district to provide requested service to the Dutch Mill Industrial Park on Warren Road, and WHEREAS, said expansion would bring the sewer line east along Cherry Road and thence north along Warren Road, and WHEREAS, said expansion would run alongside two parcels of airport land totaling approximately 12.5 acres, and WHEREAS, including said 12.5 acres in the new sewer district would provide the airport with a means of future development, additional income from land rental and a positive economic impact to the area, and WHEREAS, it has been agreed with the Town of Lansing that the annual cost to the airport of including said 12.5 acres in the expanded sewer district would be approximately $4,487 but that said annual cost shall not exceed $5,000, and WHEREAS, based on available evidence and conservative calculations, the airport will be able to recover these costs within five to eight years and will gain a net income thereafter of approximately $285,000 over the course of the next twenty years, and WHEREAS, said annual cost will form part of the airport's operational budget and be absorbed by tenant rates and charges, and WHEREAS, the Town of Lansing will act as Lead Agency for the SEQR review of this action, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, and with the concurrence of the Facilities and Infrastructure Committee, That approximately 12.5 acres of airport property be authorized to become part of the expanded Town of Lansing Sewer District and that the County Administrator be authorized and directed to execute any agreements with the Town of Lansing necessary to effectuate this action. SEQR ACTION: TYPE II -11 80 March 18, 2008 Report and Presentation of Resolution(s) from the Planning, Development, and Environmental Quality Committee Ms. Robertson, Chair, said the Committee met March 13`h and heard a report from Sylvester Johnson regarding a Federal Carbon Tax. She said the Environmental Management Council is discussing the matter and believes it will be an important issue in the future. She reported there are vacancies on the South Central Resource Conservation and Development District, the Fish and Wildlife Management Board, and the Regional Forest Practice Board if any Legislator is interested in serving. The Planning Department has started work on the comprehensive plan element of greenhouse gas emissions and a subcommittee will work closely with staff on this project. In addition, a discussion with Cornell University regarding housing and transportation is taking place. Ms. Robertson spoke of a desire to amend the process for the Strategic Tourism Planning Board grants, and that Committee is reviewing options that would enable less committee interaction. At this time the Committee is interested in the process to include various degrees of Committee participation based on the amount of grants. She anticipates a resolution for policy revision to come through the Committee to the Legislature in the future. Mr. Proto noted that the entire committee has not yet reached consensus and the topic is still under discussion. RESOLUTION NO. 52 — APPROPRIATION OF 2008-2009 BUDGETS FOR THE ITHACA- TOMPKINS COUNTY TRANSPORTATION COUNCIL MOVED by Ms. Robertson, seconded by Ms. Kiefer, and unanimously adopted by voice vote by members present. RESOLUTION ADOPTED. WHEREAS, Tompkins County serves as the Host Agency for the Ithaca -Tompkins County Transportation Council, the Metropolitan Planning Organization for the Ithaca -Tompkins County area, and WHEREAS, the County has a contract with the New York State Department of Transportation to provide funding for the Ithaca -Tompkins County Transportation Council through grants provided by the Federal Highway Administration and Federal Transit Administration, and WHEREAS, the Ithaca -Tompkins County Transportation Council has grant authorizations for its 2008-2009 fiscal year, beginning April 1, 2008, and ending March 31, 2009, in the amounts of $281,321 from the Federal Highway Administration and $40,396 from the Federal Transit Administration, and WHEREAS, the Policy Committee of the Ithaca -Tompkins County Transportation Council has adopted Resolution No. 08-2, APPROVAL OF THE 2008-2009 ITHACA-TOMPKINS COUNTY TRANSPORTATION COUNCIL OPERATING BUDGET, which requests that the Host Agency (Tompkins County) take the appropriate actions to fully implement said operating budget, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the budgets for the Ithaca -Tompkins County Transportation Council, as presented in "ATTACHMENT A" to this resolution, be amended in the 2008 Tompkins County budget and that the County Finance Director be authorized to expend such funds for the period from April 1, 2008, through March 31, 2009. SEQR ACTION: TYPE II -20 ATTACHMENT A 2008-2009 ITCTC OPERATING BUDGET 81 CODE DESCRIPTION 08/09 FHWA A8675 08/09 FTA A8673 08/09 TOTAL 81 March 18, 2008 .4959 REVENUES: FEDERAL AID I 281,321 40,396 321,717 EXPENSES: COMBINED SALARIES 169,184 23,071 192,255 .8800 _ FRINGE 65,982 8,998 74,979 .2206 COMPUTER EQUIPMENT 2,500 0 2,500 .2210 OTHER EQUIPMENT 500 0 500 .2214 FURNITURE & FIXTURES 500 0 500 .2230 COMPUTER SOFTWARE 200 300 500 .4303 OFFICE SUPPLIES 700 800 1,500 .4330 PRINTING 700 500 1,200 .4332 BOOKS/PUBLICATIONS 800 0 800 .4400 PROGRAM EXPENSE 22,000 0 22,000 .4486 SCI PROJECT 2,500 0 2,500 .4402 LEGAL ADVERTISING 1,500 1,500 .4412 TRAVEL/TRAINING 723 1,177 1,900 .4414 LOCAL MILEAGE 1,000 1,000 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 .4442 PROFESSIONAL SERVICE FEES 1,250 1,250 2,500 .4452 POSTAGE SERVICES 1,500 1,500 3,000 .4472 TELEPHONE 1,550 1,000 2,550 .4618 INTERDEPARTMENTAL CHARGE 0 500 500 .4905 CENTRALLY DISTRIBUTED ITEMS 2,432 0 2,432 TOTAL EXPENSES 281,321 40,396 321,717 Report and Presentation of Resolution(s) from the Budget and Capital Committee Mr. Shinagawa, Chair, said the Committee met March 10th. On March 24th the Committee will have a presentation from the Strategic Tourism Planning Board pertaining to discussions held regarding the use of the room tax revenue for economic development purposes. RESOLUTION NO. 53 - APPROPRIATION FROM GENERAL FUND - CITY OF ITHACA - MUNICIPAL SALES TAX AGREEMENT MOVED by Mr. Shinagawa, seconded by Mr. Dennis. A short roll call on the resolution resulted as follows: Ayes - 13; Noes - 0; Excused - 1 (Legislator Chock); Vacant - 1 (District No. 12 - Town of Ithaca). 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, and 82 March 18, 2008 WHEREAS, the County agreed to pay the City of Ithaca for selected services provided by the City and further agreed that the City and the County would develop mechanisms for more efficient consolidation of services, and WHEREAS, in separate amendments to the original agreement, the City has allocated this funding to human services, recreation mainstreaming, youth services, emergency dispatch, and transit services, and WHEREAS, the 2007 sales tax for this agreement increased by 10.2 percent or $1,511,269 for use in 2008, 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: From: Unallocated Revenues A9999.41110 $140,190 To: Expense OAR A6315.54400 HSC Agencies A6305.54400 Rec Mainstream Youth 7028.54666 Rec Mainstream Adult 4326.54400 County/City Program 6901.54666 Total Expense Revenue OAR A6315.41110 HSC Agencies A6305.41110 Rec Mainstream Youth 7028.41110 Rec Mainstream Adult 4326.41110 County/City Program 6901.41100 Total Revenue RESOLVED, further, That 2008 Budget 2008 Modified Budget Difference 6,307 267,909 125,195 78,673 381,995 860,079 6,952 295,302 149,256 88,673 460,086 1,000,269 645 27,393 24,061 10,000 78,091 140,190 6,307 267,909 125,195 78,673 381,995 860,079 payments to 6,952 295,302 149,256 88,673 460,086 1,000,269 645 27,393 24,061 10,000 78,091 140,190 Southside Community Center - a pass-through payment that the County makes to the City and the City makes to Southside - as outlined in the agreement, shall total $30,225 for 2008, RESOLVED, further, That payments to Tompkins County Public Library - a pass-through payment that the County makes to the City and the City makes to the Library - as outlined in the agreement, shall total $12,846 for 2008, RESOLVED, further, That payments to Tompkins County Area Transit, Inc., (TCAT) as outlined in the agreement, shall total $364,000 for 2008 and to Tompkins County Emergency Response shall total $147,000 for 2008 for Emergency Dispatching. SEQR ACTION: TYPE II -20 Report from Public Safety Committee Mr. Stevenson, Chair, reported the Committee will meet on March 214. Report from the Workforce Diversity and Inclusion Committee Mrs. McBean-Clairborne, Chair, reported the Committee has not met. Report and Presentation of Resolution(s) from the Health and Human Services Committee Mr. Proto, Chair, reported the Committee met on March 5th and heard a presentation from Ms. Allinger of the Health Department regarding the conclusions and recommendations from the State Task Force on Preschool Special Education. This topic will be discussed further to more fully understand the 83 March 18, 2008 impact of the recommendation of more funding going to school districts. The Committee was provided an update on the possible relocation of the Office for the Aging to Lifelong property, noting that former Legislator Dan Winch is on the Lifelong Board of Directors and is working with the County on this proposal. In addition, the Committee was informed that at this time no new information has been received regarding the Berger Commission decisions regarding Lakeside Nursing and Rehabilitation's resubmission of a proposal to the Department of Health. Mr. Proto spoke of the Youth Service Department's national recognition of the Community Coalition for Healthy Youth and requested the Public Information Officer assist in preparing a news release. RESOLUTION NO. 54 — APPROPRIATION FROM CONTINGENT FUND — TERMINAL PAY — HEALTH DEPARTMENT MOVED by Mr. Proto, seconded by Mr. Randall. A short roll call on the resolution resulted as follows: Ayes — 13; Noes — 0; Excused — 1 (Legislator Chock); Vacant — 1 (District No. 12 — Town of Ithaca). RESOLUTION ADOPTED. WHEREAS, the Health Department had a Senior Clerk resign effective January 25, 2008, and WHEREAS, the Fiscal Policy of Tompkins County allows a department to receive 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 $1,053 TO: A4016.51000518 Senior Clerk $ 763 A4016.58800 Fringes $ 290 SEQR ACTION: TYPE II -20 RESOLUTION NO. 55 — AUTHORIZING ESTABLISHMENT AND ASSESSMENT OF COMMUNITY WATER SYSTEM FEES FOR 2008 - HEALTH DEPARTMENT It was MOVED by Mr. Proto, seconded by Mr. Hattery, and unanimously adopted by voice vote by members present. RESOLUTION ADOPTED. It was noted that the present fee was the result of complying with a lawsuit ruling; it is anticipated the amount would be amended for the 2009 budget. The County Attorney has been requested to explore possible language that would allow billing on a per capita basis. This would require State legislation. WHEREAS, Tompkins County has received a decision regarding the Community Water System (CWS) Fees from the State of New York, Supreme Court, Appellate Division, Third Judicial Department, and WHEREAS, the adopted fees for 2008 (which have not been billed) would not be sustained because of this ruling, and WHEREAS, it is fair and desirable to collect some fee for the services provided, and WHEREAS, given the timing of the court decision and the County's subsequent billing dates, basing a revised 2008 fee on the one originally charged to the smallest CWS's seems least burdensome to the CWS's, although it leaves a revenue shortfall of more than $31,000 in the 2008 Department of Health budget, now therefore be it RESOLVED, on recommendation of the Tompkins County Board of Health, the Health and Human Services, and the Budget and Capital Committees, That the Tompkins County Health Department implement a fee of one -hundred and thirty dollars ($130.00) for the year 2008 for each Community Water System. 84 SEQR ACTION: TYPE II - 20 March 18, 2008 Report from the Facilities and Infrastructure Committee Mrs. McBean-Clairborne, Chair, reported the Committee would meet on March 20111 Report and Presentation of Resolution(s) from the Human Resources Committee Mr. Dennis, Chair, reported the Committee met prior to the Legislature meeting to act upon the resolution being presented. The next meeting would be on April 3"d. He noted that at this time the Tompkins County Library is at an impasse with employees and it is hoped that the Public Employee Relations Board (PERB) can assist in resolving their issues. RESOLUTION NO. 56 — URGING THE STATE LEGISLATURE TO OPPOSE S6649/A9894 — AN ACT AFFECTING THE HEALTH INSURANCE BENEFITS AND CONTRIBUTIONS OF CERTAIN RETIRED PUBLIC EMPLOYEES MOVED by Mr. Dennis, seconded by Ms. Kiefer. Mr. Dennis explained the purpose of the resolution is to express opposition to the State Legislature bills S6649/A9894 that would lock in the present retiree health insurance benefits. Ms. Herrera stated she would not support the resolution due to retirees and public desire to discuss the matter. A voice vote on the resolution resulted as follows: Ayes — 11; Noes — 2 (Legislators Herrera and Stevenson); Excused — 1 (Legislator Chock); Vacant — 1 (District No. 12 — Town of Ithaca). RESOLUTION ADOPTED. WHEREAS, counties and all other municipal employers are finding themselves overburdened by the skyrocketing cost of health care coverage, and WHEREAS, for the period May 1, 2008, to May 15, 2009, proposed legislation S6649 and A9894 — An Act in relation to affecting the health insurance benefits and contributions of certain retired public employees, will prohibit counties and all municipal employers from diminishing the health insurance benefits, or the contributions made by the municipal employers for such benefits, for public retirees unless a corresponding diminution of benefits or contributions is affected from the present level for active employees, and WHEREAS, the broad language contained in the bill, effectively locking in all municipal employers to the existing benefit structure and contribution level for health insurance for retirees, unduly eliminates potential cost-saving options of local governments' desperately seeking ways to meet the financial challenges they all face, and WHEREAS, the language prohibiting the diminution of employer contributions would not allow a public employer to explore other more cost-effective health insurance coverage options, including municipal health insurance cooperatives, which may result in savings to the taxpayers, even if these options are largely identical in scope to those currently received by the retiree, and WHEREAS, this bill would effectively prohibit local governments from seeking to manage prescription drug benefit costs, and WHEREAS, this bill is too broad in its approach and would tie the hands of any local governments attempting to maintain its level of health care coverage, while at the same time reducing the cost to the local taxpayers through innovative application of available health care resources for its retirees, now therefore be it RESOLVED, on recommendation of the Human Resources Committee, That Tompkins County urges the State Legislature to oppose S6649 and A9894 — An Act in relation to affecting the health insurance benefits and contributions of certain retired public employees, 85 March 18, 2008 RESOLVED, further, That the Tompkins County Legislature shall forward copies of this Resolution to Governor Paterson, the New York State Legislature, and all others deemed necessary and proper. SEQR ACTION: TYPE I1-20 Approval of Minutes of March 4, 2008 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 March 4, 2008. MINUTES APPROVED. Recess Mr. Koplinka-Loehr declared recess from 7:08 p.m. to 7:15 p.m. Executive Session It was MOVED by Mr. Hattery, seconded by Ms. Robertson, to enter into executive session at 7:15 p.m. to discuss personnel matters. A voice vote resulted as follows: Ayes — 12; Noes — 1 (Legislator Sigler); Excused — 1 (Legislator Chock); Vacant — 1 (District No. 12 — Town of Ithaca). MOTION CARRIED. The meeting returned to open session at 8:33 p.m. Adjournment The meeting adjourned at 8:33 p.m. 86 April 1, 2008 Regular Meeting Call to Order Chair Koplinka-Loehr 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. Present: 14 Legislators (Legislator McBean-Clairborne arrived at 5:50 p.m.). Vacancy: 1 (District No. 12 — Town of Ithaca). Privilege of the Floor by the Public Vincent Mulcahy, City of Ithaca resident, and Alan Vogel, Trumansburg resident, addressed the issue of increased assessment value and property taxes, noting the continual increases, have reached a critical point, often making it seem a penalty to own and improve real property. Mr. Mulcahy noted owners could have the ability to pay off a mortgage but not have the ability to continue to pay the increased real property taxes. Mr. Vogel spoke of his experience of reviewing assessments and tax rates throughout the country, noting Tompkins County's taxes are higher than any he had inquired about. Mr. Mulcahy and Mr. Vogel requested the County begin dialogues with citizens and businesses to attempt to review the tax problem and find solutions. Amy Frith, Director of the Women, Infants, Children Program (WIC), spoke on behalf of the program's employees present and asked that Legislators carefully consider the implications of discontinuance of the WIC program sponsorship by the County. She shared her personal and professional experience regarding the program. Jamaica Breedlove, Senior Clerk for the WIC program, spoke of her desire to attend so Legislators see the faces that would be affected by discontinuance of the program. Ms. Breedlove noted there are no fall -back positions available to the employees, many of who have become self-sufficient as a result of their work for the County. She asked that the program be allowed to continue to enable them to continue their employment with the County. Giovanni Freesia, Brooktondale resident, spoke of the potential for the County to develop a partnership regarding renewable energy, and in particular wind energy. He suggested that through bonding issues residents would be able to install wind towers, utilizing energy credits as guarantees to banks. Privilege of the Floor for Legislators Mr. Proto, District No. 7 Legislator, noted Mr. Freesia's proposition was an interesting one. He reported that as noted at the previous meeting, he has written to the Public Service Commission regarding the possible purchase/merger of New York State Electric and Gas Corporation and Iberdrola, specifically requesting that if the proposal is allowed that staffing of electric line maintenance workers be increased to the same level they were when the Etna facility was fully utilized. Mr. Proto reported that presently only '/a the staff is located locally should an emergency arise and that the electrical lines are not routinely replaced until damaged. He encouraged Legislators and the public to also write and express concern. Mr. Proto then spoke of Mr. Mulcahy and Mr. Vogel's comments regarding assessments, noting that discussions should also take place with schools, towns, villages, and the city regarding taxes, particularly regarding what programs should not continue in order to reduce the tax rates. Mrs. McBean-Clairborne arrived at this time. 87 April 1, 2008 Ms. Robertson, District No. 13 Legislator, agreed with Mr. Proto's comments regarding discussions with schools and municipalities. She said Mr. Mulcahy and Mr. Vogel's comments are similar to those expressed when the group PushBack was formed several years ago to lobby to cap local Medicaid costs. She believes that higher income levels should pay a fair share of income to taxes. She reported the farewell party for former Legislator Tim Joseph would occur on June 1St, 4:30 p.m. at the large pavilion in Stewart Park, and all are invited. Ms. Robertson spoke of the Light Up Caroline initiative, reporting compact fluorescent bulbs will be distributed to every household in Caroline, with the Sew Green group making reusable shopping bags from recycled materials to hold the bulbs in the give- away. Volunteers to sew the bags or assist in distribution of the bulbs would be welcomed. Ms. Chock, District No. 3 Legislator, recalled information on total New York State tax that indicated only 6.5 percent of higher incomes go toward taxes compared to 12.6 percent for lower incomes; she believes a change in this parity should occur. Ms. Chock spoke of her continued orientations at departments and agencies within the County and continues to be impressed at the dedication, use of resources, ability to leverage funds, and humanity shown by everyone. Mr. Shinagawa, District No. 4 Legislator, spoke of his recent experiences as a Habitat for Humanity volunteer in New Orleans Stn Ward. Although not the area receiving the most damage during Hurricane Katrina, only a small percentage of residents have returned to the area. In addition, only one public school is opened at this time. Mr. Shinagawa praised the local musicians for their efforts in creating a musician village that will have fifty homes with a community center in the middle of the development. Report from Municipal Officials Maria Coles, City of Ithaca, provided a copy of a resolution unanimously adopted by Common Council regarding capital funding to bring the Greater Ithaca Activities Center (GIAC) up to date. She noted approximately $4 million would be available for renovations to the building. She then reported on discussions regarding back yard parking on South Hill. There is concern of green spaces being reduced due to rental housing. Also, the City has discussed unfunded mandates regarding stormwater runoff legislation. She said it is important as it deals with pollution and erosion. A stormwater officer has not yet been designated. A proposal for a new 102 -room hotel downtown has been approved for construction. Ms. Coles expressed her opinion that the land being utilized has the equivalent of 30 to 40 residences and asked that in return for the property a living wage be provided to all employees of the hotel. The developer has agreed to pay a living wage to the housekeeping staff. Ms. Coles said she believes that not providing living wages to all staff is a half -empty glass. Mr. Proto spoke of the opportunities afforded individuals at GIAC, noting a few weeks ago a young man was offered his first professional boxing match. Mr. Proto asked for an update on the Waterfront Trail; Mr. Koplinka-Loehr requested it be provided at another time. Ms. Robertson inquired whether the mechanical system repairs at GIAC would include any green building technique features such as a green roof, solar panels, etc. Ms. Coles said not at this time, but a meeting will occur tomorrow and she will bring up the topic. Mrs. McBean-Clairborne thanked Ms. Coles for her comments regarding obtaining a living wage and noted that it is important to have developers pay living wages and hopes that the City and others continue to encourage it. Patricia Leary, Town of Ithaca, reported on a number of items under consideration by the Town Board, on numerous projects, policies, and data -gathering presently undertaken. She spoke of the possibility of having solar panels installed on the Town Hall during a roof repair project and possible installation of panels at the Town Barns located on Bostwick Road. In addition, a project that has shown interest by both municipal officials in the Town of Ithaca and Town of Ulysses as well as resident 88 April 1, 2008 associations is dock regulations for properties located on Cayuga Lake. The Town also had discussions on a high-income housing project, the wind energy facility law, a safe streets school ramp on Warren road, and anticipates discussions on separation of church and state. Ms. Leary also said the comprehensive plan committee has voted to have the City to participate in an advisory capacity rather than voting capacity. Approval of Resolution(s) Under the Consent Agenda MOVED by Ms. Herrera, seconded by Mr. Proto, and unanimously adopted by voice vote, to approve the following resolutions under the Consent Agenda: RESOLUTION NO. 57 — AUTHORIZATION TO EXECUTE RIGHT-OF-WAY FUNDING AGREEMENT WITH NEW YORK STATE DEPARTMENT OF TRANSPORTATION — CR 188, STATION ROAD CULVERT REPLACEMENT — P.I.N. 3753.86 MOVED by Ms. Herrera, seconded by Mr. Proto, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, a Project to replace a large -diameter culvert carrying Cayuga Inlet under Station Road in the Town of Danby, P.I.N. 3753.86, (the Project), is eligible for funding under Title 23 United States Code, as amended; that calls for the apportionment of the costs of such program to be borne at the ratio of eighty percent Federal funds and twenty percent non -Federal funds, and WHEREAS, Resolution No. 13 adopted on January 18, 2005, approved the Project and authorized execution of an agreement with the New York State Department of Transportation regarding administration and funding of Scoping, Design (Phases I -VI), and Right -of -Way (ROW) Incidentals, and WHEREAS, in order to expedite advancement of the Project and realize potential total project cost reductions, the New York State Department of Transportation requires the County to appropriate one -hundred percent of the project costs and then file for reimbursement of eligible costs, and WHEREAS, Resolution No. 107 adopted on June 20, 2006, authorized issuance of Design and Right -of -Way Plan approvals for the Project, and WHEREAS, the County of Tompkins desires to advance the above project by making a commitment of one -hundred percent of the non -Federal share of the costs of ROW Acquisition, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the Tompkins County Legislature hereby approves the above -subject project and authorizes the County of Tompkins to pay in the first instance one -hundred percent of the Federal and non -Federal share of the costs of ROW Acquisition work for the subject Project or portions thereof, RESOLVED, further, That the sum of $18,680 is hereby made available within account HZ5103.59239.53.13, Station Road Capital Project Account, to cover the cost of participation in the ROW Incidentals and Acquisition phase of the Project, RESOLVED, further, That in the event the full Federal- and non -Federal share costs of the project exceeds the amount appropriated above, the Tompkins County Legislature shall convene as soon as possible to appropriate said excess amount immediately upon notification by the New York State Department of Transportation thereof, RESOLVED, further, That the Tompkins County Highway Manager be and is hereby authorized to execute all necessary agreements, certifications, and reimbursement requests for Federal Aid and/or Marchiselli Aid on behalf of the County of Tompkins with the New York State Department of Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality's first -instance funding of Project costs and permanent funding of the local share of Federal -aid and State -aid -eligible Project costs and all Project costs within appropriations therefore that are not so eligible, 89 April 1, 2008 RESOLVED, further, That a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary agreement in connection with the Proj ect, RESOLVED, further, That this resolution shall take effect immediately. SEQR ACTION: Unlisted, Negative Declaration Issued RESOLUTION NO. 58 - AUTHORIZATION TO ENTER INTO A PROPERTY ACQUISITION AGREEMENT WITH THE STATE OF NEW YORK — CR 188, STATION ROAD CULVERT REPLACEMENT — P.I.N. 3753.86 MOVED by Ms. Herrera, seconded by Mr. Proto, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, Resolution No. 13 of 2005 authorized an agreement between Tompkins County and the State of New York Department of Transportation (NYSDOT) to fund the design of a culvert replacement to carry County Road 188, Station Road, over Cayuga Inlet in the Town of Danby, P.I.N. 3753.86, (the Project), and WHEREAS, Resolution No. 107 of 2006 authorized approval of the Design Report and Right -of - Way Plan for the Project, and WHEREAS, in order to expedite advancement of the Project and realize potential total project cost reductions, the Highway Division has requested that the NYSDOT administer right-of-way acquisition for the Project, and WHEREAS, the State of New York has requested Tompkins County enter into an agreement for acceptance of permanent easements on certain property to advance the construction of the Project as set forth below: 1. Section Block Lot Number: 17.-1-5: 74 Station Road, Danby 2. Section Block Lot Number: 18.-1-1.22: 97.5 Station Road, Danby 3. Section Block Lot Number: 17.-1-4 and 18.-1-15: Right of Way of Pennsylvania Lines, LLC , and WHEREAS, the aforementioned agreement has been approved and recommended by the County Highway Manager, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That Tompkins County hereby agrees to accept permanent easements from the State of New York in order to advance design and construction of the Station Road Culvert Replacement Project, RESOLVED, further, That the State of New York Department of Transportation is hereby requested to submit the Station Road Culvert Replacement Project to the Federal Highway Administration for construction funding approval, RESOLVED, further, That the County Administrator or designee be and hereby is authorized to enter into an agreement with the State of New York relative to the acceptance by Tompkins County of permanent easements at the locations referenced above. SEQR ACTION: Unlisted, Negative Declaration Issued RESOLUTION NO. 59 - AWARD OF BID — TOMPKINS COUNTY SOLID WASTE HAULING AND DISPOSAL SERVICE MOVED by Ms. Herrera, seconded by Mr. Proto, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, the Department of Finance — Division of Purchasing has duly advertised for a multi- year bid for Hauling and Disposal Services for the Tompkins County Solid Waste Management Division, and 90 April 1, 2008 WHEREAS, three bids from Hauling and Disposal companies were received and publicly opened March 13, 2008, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the bid for Hauling and Disposal Services for Tompkins County be awarded to We Care Transportation, LLC, of Jordan, New York, for a three (3) -year term (May 1, 2008 — April 30, 2011) at a cost of $47.65 per ton of waste including an annual CPI increase of no more than three percent per year, RESOLVED, further, That the funds are available in the Solid Waste Management Division's Budget, Account 8160.54442, RESOLVED, further, That the County Contracts Administrator be authorized to execute this contract. SEQR ACTION: TYPE II -20 Approval of Appointment(s) Under the Consent Agenda It was MOVED by Ms. Herrera, seconded by Mr. Proto, and unanimously adopted by voice vote, to approve the following appointments under the Consent Agenda: Local Emergency Planning Committee Greg Stevenson, Public Safety Committee Chair — no set term Criminal Justice Advisory/Alternatives to Incarceration Board Greg Stevenson, Public Safety Committee Chair — term expires December 31, 2009 Presentation ofResolution(s) from the Facilities and Infrastructure Committee RESOLUTION NO. 60 — AUTHORIZATION TO EXECUTE A CONTRACT FOR ENGINEERING SERVICES FOR CASWELL ROAD LANDFILL LEACHATE DISPOSAL STUDY MOVED by Mrs. McBean-Clairborne, seconded by Ms. Herrera. Ms. Kiefer said that she would not support the resolution as stated at the Committee. She believed it would have been more desirable to have a Request for Proposal on the project that would have allowed the original consultant an opportunity to participate. Ms. Herrera said it was discussed thoroughly at the Committee and information provided was sufficient for her to support the resolution, particularly with the expertise shown by Barton and Loguidice. A voice vote on the resolution resulted as follows: Ayes — 13, Noes — 1 (Legislator Kiefer), Vacant — 1 (District No. 12 — Town of Ithaca). RESOLUTION ADOPTED. WHEREAS, Barton and Loguidice P.C. (B&L) has been retained to perform engineering services for the Caswell Road Landfill leachate project, and WHEREAS, it has been determined that it is not feasible for the County to utilize the Freeville Wastewater Treatment facility making it necessary for the County to consider other alternative methods for leachate disposal, and WHEREAS, the County has requested that B&L review and update the estimated costs (as necessary) for the various onsite treatment alternatives described in engineering report for "Caswell Road Landfill Feasibility Study — Alternative Leachate Treatment Processes" dated May 1996 and as prepared by Malcolm Pirnie, Inc., due to the reduction in leachate productions as a result of 2002 modifications at the landfill and a low leachate strength, B&L will evaluate the feasibility and costs associated with two (2) alternative onsite systems for leachate treatment/disposal, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That a Scope of Services be approved to perform this work at an amount not to exceed $25,000 with funds being available in the approved capital project budget for this project, 91 April 1, 2008 RESOLVED, further, That the County Administrator or designee be authorized to execute this change on behalf of the County. SEQR ACTION: TYPE II -20 RESOLUTION NO. 61 - APPROVAL OF ARCHITECTURAL AND ENGINEERING DESIGN SERVICES FOR THE TOMPKINS COUNTY HEALTH DEPARTMENT BUILDING RENOVATION PROJECT MOVED by Mrs. McBean-Clairborne, seconded by Ms. Herrera. Mr. Proto requested an update on the project and was informed by Mr. Marx that at this time the County is in the process of preparing the real property closing documents and hiring the consultant to work on the renovation. It is anticipated to have the closing in the beginning of May. Ms. Herrera said that although she has expressed some concerns it is important to move forward to provide the Health Department with appropriate room to continue their work. Mr. Proto then inquired about the temporary appointments to the Committee. He was informed it was due to illness and that the temporary members were knowledgeable of the status of the project. Ms. Kiefer explained her negative vote at Committee, stating it was not against LaBella Associates but her view that an interview of both respondents would have been useful. Mr. Hattery inquired if the $500,000 limit was consistent with the project needs and was informed by Mr. Marx it was the amount determined to be appropriate for this portion of the project. A voice vote on the resolution resulted as follows: Ayes — 11; Noes — 3 (Legislators Kiefer, McBean-Clairborne, and Proto); Vacant — 1 (District No. 12 — Town of Ithaca). RESOLUTION ADOPTED. WHEREAS, Resolution No. 10 of 2008 approved the acquisition (purchase and lease) of the property located at 55 Brown Road, Village of Lansing, New York, for use by the Tompkins County Health Department, and WHEREAS, part of the charge to the Health Department Building Construction Committee is to take part in the selection of a design team, working with that team to ensure that the building meets the needs of the programs, staff, and public who will use it and move the project forward to the design and renovation/construction phases needed to accommodate the Health Department's needs, and WHEREAS, a Request for Qualifications for architectural and engineering design services for the project was advertised with submissions due by February 29, 2008, and WHEREAS, two (2) proposals were received from Labella Associates, P.C., 300 State Street, Suite 201, Rochester, New York 14614, and William Taylor Architects, PLLC, 6432 Baird Avenue, Syracuse, New York 13206-1045, and WHEREAS, the Health Department Building Construction Committee reviewed the two proposals and forwarded its recommendation to the Facilities and Infrastructure Committee, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the contract for architectural and engineering design services for the renovation of 55 Brown Road to serve as offices for the Tompkins County Health Department be awarded to LaBella Associates, PC, in the amount not to exceed $500,000, RESOLVED, further, That the County Administrator or his designee is authorized to execute all contracts or agreements necessary to provide these services. SEQR ACTIONS: TYPE II -21 AND TYPE II -2 Presentation — Report on the Shared Municipal Services Incentive and Tompkins County Council of Governments Health Benefits Consortium Mr. Whicher provided a PowerPoint presentation outlining the work done to date. He explained the project is basically creating an insurance company for municipalities that would cover approximately 92 April 1, 2008 2,000 individuals. The program objective is to offer a common health insurance program that pools health insurance risk and assures reasonable cost sharing while providing more efficient and fiscally responsible delivery of services. The stakeholder groups involved are the City of Ithaca, Tompkins County, union representatives, Tompkins Cortland Community College, Tompkins County Public Library, and the towns and villages. The project plans for implementation January 1, 2010. Mr. Whicher spoke of providing quarterly reports on the progress of this project and noted there will be a detailed presentation on April 28th at the Tompkins County Public Library. He noted the challenges involved include development of an agreement that would be approved by all parties, policy development, how to determine each stakeholders voting ability, and defining union and retiree participation in the process. Mr. Whicher expressed concern with the level of staff required to complete the work, noting there is grant money that could be utilized to assist in providing adequate staff if necessary. He anticipates there will be resolutions brought forward by all parties indicating a desire to continue to participate in this project. Mr. Shinagawa said Albany County has completed a similar project and has realized several million dollars in benefit in several years. He inquired what the anticipated saving is for the County and was informed it is believed to save between eight and ten percent. Mr. Whicher spoke of the need to find incentives for employees to change their insurance from the present indemnity plans to the new program. Mr. Shinagawa said he has been involved in the project from its inception and that it has been a very transparent, well-documented process. He said two project assistants from Cornell University have been assisting in the work as well. He thanked the administration for its support on the project. Chair's Report Mr. Koplinka-Loehr had no report. Report from the County Administrator Mr. Whicher reported that State budget bills were beginning to be passed and could cost the County close to $400,000 in 2008, and approximately $1.4 million in 2009. Mr. Whicher said that, as part of the budget, the State Legislature has cut state aid for counties by 2 percent, effective today. (The reduction does not affect Medicaid, preschool special education, or other entitlement programs.) He then reported the Director of the State-wide Network has informed him of the intent to enter into a written agreement upon completion of the State system's proof of concept in Chautauqua and Erie Counties. He spoke of how the County's development of the system to the specifications of the State would enable use of our system and placement of State antennas on the towers. Mr. Whicher noted New York State Association of Counties has expressed gratitude to counties who have passed resolutions regarding various aspects of the initial proposed budget, which has proven successful in some areas. Mr. Proto asked about the status of transportation bills and was informed that as of now they are doing well, particularly in major cities. Ms. Kiefer asked what the status of the State's proof of concept was. Mr. Whicher explained that MIA -COM, the States vendor, is presently testing their installations, and are having some difficulties with building penetration. He spoke of the need to fine-tune systems to have maximum capacity, noting that upon completion of our system's proof -of -concept time period it exceeded initial expectations. Report from the County Attorney Mr. Wood had no report. He requested an executive session be held to discuss litigation and a non -related personnel matter later in the meeting. 93 April 1, 2008 Report from the Finance Director Mr. Squires had no report. Withdrawal of Resolution(s) from the Agenda There were no resolution(s) withdrawn from the agenda. Addition of Resolution(s) to the Agenda It was MOVED by Mr. Hattery, seconded by Mr. Proto, and unanimously approved by voice vote, to add the resolution entitled Sincere Appreciation to W.B. Strong Fire Company and Freeville Fire Department to the agenda. RESOLUTION ADDED. Report from the Planning. Development. and Environmental Oualitv Committee Ms. Robertson, Chair, said the Committee has not met. The next meeting would be on April 10th. Report and Presentation of Resolution(s) from the Budget and Capital Committee Mr. Shinagawa, Chair, reported the Legislature Budget Retreat would be on April 29th from 6:00 p.m. to 8:30 p.m. The Administration staff is working on scenarios that would be made available prior to that time. He reported Stuart Stein of the Strategic Tourism Planning Board would speak to the committee about a potential proposal for room tax revenue use. RESOLUTION NO. 62 — URGING THE STATE LEGISLATURE TO OPPOSE THE PROPOSED CHANGES THAT AFFECT AGENCIES THAT PROVIDE VITAL SERVICES TO TOMPKINS COUNTY MOVED by Mr. Shinagawa, seconded by Ms. Robertson, and unanimously adopted by voice vote. RESOLUTION ADOPTED. WHEREAS, Tompkins County believes that the 2008-09 Executive Budget changes the fundamental state/local partnership by proposing to cut funding to the local not-for-profit agencies that provide needed assistance to the taxpayers of Tompkins County, and WHEREAS, the Governor's proposed budget includes changes that affect several agencies in Tompkins County, for example: • Human Service Coalition 2-1-1 Program - the Executive budget includes a $100,000 reduction in funding. • Rural Preservation - The Executive budget includes a twenty-five percent cut ($42,000 reduction). This funds two programs: (1) Better Housing for Tompkins County -$22,000 and (2) Ithaca Neighborhood Housing -$20,000. • Catholic Charities of Tompkins - Tioga - will experience a reduction if the Governor's budget includes the proposed shift, which will increase the county share of public assistance by two percent, while simultaneously decreasing the state share by two percent. • The Tompkins Learning Partners - will experience up to a thirty-eight percent cut ($15,000 reduction). The State's Executive budget for Adult Literacy Education funding proposal is $1 million less than last year and the distribution is being changed so that the upstate agencies will not be able to compete for the funds that were previously available. • The Women's Opportunity Center - the Governor's proposed budget eliminates funding for Displaced Homemakers Program and reduces $3 million from the 94 April 1, 2008 SUNY Bridge Program. If this funding is not restored it will eliminate thirty percent of their programs. • Neighborhood Legal Services — The proposed budget reduces statewide funding for civil legal services from $15 million to $1 million, and it appears that Tompkins County's Neighborhood Legal Services would face a ninety-three percent cut ($41,000 per year). WHEREAS, these funding reductions would hurt our citizens who have the greatest need, and would greatly increase the property tax burden if absorbed by Tompkins County, and may result in the programs being seriously reduced or eliminated, now therefore be it RESOLVED, on recommendation of the Budget and Capital Committee, That Tompkins County opposes any State policy or fiscal initiative that hurts the poor and shifts the tax burden to those least able to pay, RESOLVED, further, That the County shall forward copies of this resolution to Governor Paterson, the New York State Legislature, and all others deemed necessary and proper. SEQR ACTION: TYPE II -20 Report and Presentation of Resolution(s) from Public Safety Committee Mr. Stevenson, Chair, had no report. He said the Committee would meet on April 15th. RESOLUTION NO. 63 — ACCEPTANCE OF AMENDED 2007 ANNUAL ALTERNATIVES TO INCARCERATION CONSOLIDATED SERVICE PLAN — OPPORTUNITIES, ALTERNATIVES AND RESOURCES RE-ENTRY SERVICE S MOVED by Mr. Stevenson, seconded by Ms. Robertson. Mr. Proto said he requested the resolution be removed from the Consent Agenda to inquire about previously requested reports on the effectiveness of alternatives -to -incarceration programs. It was explained by Ms. Robertson that Opportunities, Alternatives and Resources is not an alternatives -to -incarceration program, rather it serves inmates when in jail or upon their release. It was further explained that these funds could have been lost to the County. Initially they were to fund a Department of Social Services counselor to complete substance abuse evaluations on inmates. The search for a candidate took almost a year, and then the individual declined the position. In 2008 an individual was hired and the State allowed the County to keep the 2007 funds as one-time money for the use specified within the resolution. A voice vote on the resolution resulted as follows: Ayes — 14, Noes —0, Vacant — 1 (District No. 12 — Town of Ithaca). RESOLUTION ADOPTED. WHEREAS, the Criminal Justice Advisory/Alternatives to Incarceration Board at its February 25, 2008, meeting approved the Amended 2007 Annual ATI (Alternatives to Incarceration) Consolidated Service Plan for use of State Division of Probation and Correctional Alternatives funds in the amount of $26,800 by OAR (Opportunities, Alternatives and Resources) for re-entry services, 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 Amended 2007 ATI Consolidated Service Plan for Tompkins County for use in 2008, and the contract date shall run from January 1, 2008, to January 1, 2009, RESOLVED, further, That a copy of the Service Plan will be kept on file at the office of the County Administrator, the office of the Chair of the Criminal Justice Advisory/Alternatives to Incarceration Board, and office of the Tompkins County Legislature. SEQR ACTION: TYPE II -20 95 April 1, 2008 Report from the Workforce Diversity and Inclusion Committee Mrs. McBean-Clairborne, Chair, reported the Committee has not met. Report from the Health and Human Services Committee Mr. Proto, Chair, reported the Committee will meet on April 2h'd, at which time an update on the proposed Lifelong/County Office for the Aging co -location will be discussed as well as having a discussion regarding the resolution recommending discontinuance of sponsorship for the Women, Infants, and Children (WIC) program. He reiterated his invitation to WIC staff members as well as other interested parties. Report from the Facilities and Infrastructure Committee Mrs. McBean-Clairborne, Chair, reported the Committee would meet on March 20th. She thanked the temporary committee members who served that day and noted that the majority of work completed was represented through resolutions presented. Mrs. McBean-Clairborne noted one discussion that took place was with regard to the proposed traffic light at the United States Post Office entrance on Warren Road and the numerous discussions taking place regarding its funding. The Committee also heard from Library Director Janet Steiner about space needs and potential capital project work that could occur in the event the Finger Lakes Library Service does not continue to be housed within the library. Ms. Steiner also requested that the present utility surcharge for Sunday hours be absorbed by the County due to the ten-year history of Sunday operations. Report from the Human Resources Committee Mr. Dennis, Chair, reported the blue collar contract is pending and there would be another meeting for the road patrol members. The Committee will meet on April 3, 2008. Report and Presentation of Resolution(s) from the Government Operations Committee Mr. Hattery, Chair, reported the Committee would meet on April 11th. He called attention to information provided to Legislators regarding County policies that have not been amended within the last fifteen years and said to expect some reviews to come to the appropriate committees in the future. RESOLUTION NO. 64 - SINCERE APPRECIATION TO W.B. STRONG FIRE COMPANY AND FREEVILLE FIRE DEPARTMENT MOVED by Mr. Hattery, and unanimously seconded and adopted by voice vote. RESOLUTION ADOPTED. Mr. Hattery said this is one of a number of fire companies within the Town of Dryden and like volunteer fire companies throughout the County, an enormous amount of volunteer hours of service are provided to our citizens. WHEREAS, by 1908, the Village of Freeville, New York, had developed into a bustling community following the expansion of the South Central and Lehigh Valley Railroad lines, and WHEREAS, at the time, the only form of fire protection available to Freeville's citizenry was the ineffective "bucket brigade," and WHEREAS, concerned leaders advocated for the formation of a volunteer fire department, and following a popular vote of the village electorate, organized an entity that consisted of a Chemical Engine Company and a Hook and Ladder Company, and WHEREAS, one hundred years later, the Freeville Fire Department responds to the calls of its neighbors over four hundred times annually, providing fire protection and first -response emergency medical services, and 96 April 1, 2008 WHEREAS, the W.B. Strong Fire Company has provided service to the people of the Village of Freeville and the Town of Dryden since April 7, 1908, and will commemorate this milestone with a series of events throughout the year ahead, and WHEREAS, the W.B. Strong Fire Company - Freeville Fire Department exemplifies the spirit of volunteerism that traditionally characterizes the discipline of emergency services, now therefore be it RESOLVED, That the Tompkins County Legislature does hereby extend its congratulations and sincere appreciation to the officers and members of the W.B. Strong Fire Company and of the Freeville Fire Department, for their selfless and continuing devotion to the residents and visitors of Tompkins County, the Town of Dryden, and Village of Freeville, New York. SEQR ACTION: TYPE II -20 Approval of Minutes of March 13 and 18, 2008 It was MOVED by Ms. Robertson, seconded by Mr. Proto, and unanimously adopted by voice vote, to approve the minutes of March 13 and 18, 2008. MINUTES APPROVED. Recess Mr. Koplinka-Loehr declared recess from 7:32 p.m. to 7:39 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 7:39 p.m. to discuss litigation and personnel matters. The meeting returned to open session at 8:30 p.m. Presentation of Resolution It was MOVED by Ms. Mackesey, seconded by Mr. Hattery, and unanimously adopted by voice vote, to add the resolution entitled Temporary Reappointment of County Administrator to the agenda. RESOLUTION NO. 65 — TEMPORARY REAPPOINTMENT OF COUNTY ADMINISTRATOR MOVED by Mr. Hattery, seconded by Ms. Chock, and unanimously adopted by voice vote. RESOLUTION ADOPTED. WHEREAS, County Administrator, Steve Whicher, retired effective March 26, 2008, and WHEREAS, Steve Whicher has agreed to continue as County Administrator until a successor is appointed, now therefore be it RESOLVED, That the Tompkins County Legislature hereby reappoints Steve Whicher as the County Administrator at the current rate effective March 27, 2008, through no later than November 30, 2008, RESOLVED, further, That the Tompkins County Legislature credits Steve Whicher 120 hours vacation upon reappointment, RESOLVED, further, That Steve Whicher will not cash out accrued benefits when his appointment ends, RESOLVED further, That there is no effect on the 2008 budget. SEQR ACTION: TYPE II -20 Executive Session 97 April 1, 2008 It was MOVED by Ms. Mackesey, seconded by Ms. Kiefer, and unanimously adopted by voice vote, to enter into executive session to discuss litigation. An executive session was held at 8:33 p.m. and returned to open session at 9:40 p.m. Adjournment The meeting adjourned at 9:41 p.m. 98 April 15, 2008 Regular Meeting Call to Order Vice Chair McBean-Clairborne called the meeting to order at 5:31 p.m. Pledge of Allegiance and Roll Call of Members Members and guests participated in the Pledge of Allegiance to the Flag. Present: 11 Legislators (Mr. Sigler arrived at 6:42 p.m.). Excused: 3 (Legislators Herrera, Koplinka- Loehr, and Randall). Vacant — 1 (District No. 12) Presentation of Proclamation Vice Chair McBean-Clairborne presented a proclamation to Jerry Stem, Highway Technician for the Highway Division. Mr. Stem was recognized in honor of his commitment to diversity, his selfless acts of kindness, and his strong encouragement of others as they attempt to better their lives. He was also presented an Outstanding Service Award from the Skilled Trades Diversity Council for his dedication regarding their diversity initiatives. Mr. Stem has been instrumental in the development and implementation of the Pre -Construction Preparedness Program. Privilege of the Floor by the Public Brian Zapf, Alternatives Federal Credit Union, thanked the Legislature for its support of the tax clinic and stated this year they will do more returns than ever before. He spoke of the quality volunteers who perfomed the work and the quality of work done. Mr. Zapf also spoke of the economic stimulus payments that were passed by Congress and said those who don't usually file a return should do so this year, in order to receive their stimulus payment. He noted filers have until October 15th to file a return in order to receive an economic - stimulus payment. Presentation ofDistinguished Youth Award Ms. Robertson, District No. 13 Legislator, presented Will Hine, 19, of Varna with the April Distinguished Youth Award. Will was nominated by three of his colleagues from the Varna Volunteer Fire Company for exemplary service as a member of the Company since December, 2006. Among his achievements, Will was the Company's second-highest responder in 2007, responding to 58 percent (nearly 200) of the emergency calls. The nominators stated the County should be proud of someone who gives this much to volunteering and they believe he could go far in serving the people around him throughout life. Privilege of the Floor by Legislators Ms. Mackesey, District No. 1 Legislator, reminded everyone that there will be a meeting of the upstate garbage truck group on April 171 at the Ithaca Town Hall. Assemblywoman Litton and the Department of Transportation will be there to talk about legislation pending in the State Legislature. Ms. Chock, District No. 3 Legislator, displayed a pie chart of the federal discretionary budget. She said 50 percent goes to the Pentagon, which means that all other needs including education, world hunger, transportation, health services, agriculture, science and energy, foreign affairs, and administrative housing have to share the rest. She noted the $16,000 each family has spending on war in Iraq could go a long way towards supporting the services this Legislature will soon be debating as budget decisions are considered. 99 April 15, 2008 Ms. Chock complimented Tompkins Cortland Community College on its renovations and new space. She reported on a meeting she had with TC3 President Carl Haynes and said she found it very informative and praised the College for its commitment to lifelong learning. Mr. Proto, District No. 7 Legislator, reported several issues have been raised by the Public Service Commission that has led Iberrola to reconsider their purchase of Energy East. He also reported he met with John Rudd, Vice President of Finance for Cayuga Medical Center, to bring the issue of the Universal Service Charge to the Hospital's attention. Mr. Proto also reported on the planned switch -over next February to high-definition televisions. The cable company is saying the public should not worry because it is a cable feed and in most cases a high-definition television will not be needed. Mr. Proto expressed concern for homebound senior citizens, and stated the Office for the Aging is working on exploring options for those individuals. He said this is an issue that needs to be closely followed and more clarification and assurance is needed from Time Warner Cable on this switch -over. Mr. Proto requested an update on the County Administrator search process. Ms. Robertson, District No. 13 Legislator, announced there will be a show on health care tonight on the Public Broadcasting Service (PBS). This broadcast will highlight countries around the world and how they spend a fraction of what the United State spends and cover everyone. She noted that all Legislators should have received a report from Catholic Charities on the security deposit program. The report identified how the emergency funding approved by the County last year was used. They served 41 families between May and October, 2007; of these, 29 were considered to be very low income. In 2007, there was an 18 percent increase over 2006 in all emergency services to families. Ms. Robertson also reported on a November article in the New York Times regarding the sub- prime landscape and how it looks in different areas across the country. The article stated that of all cities surveyed Ithaca had the lowest number of foreclosures than any other. She will provide a copy of the article to all Legislators. Mr. Dennis, District No. 15 Legislator, reported on a news report concerning the Drop -In Children's Center. He said the emergency appropriation the agency received from the County has made a difference and with the assistance they have been able to overcome past problems and the agency has moved forward. Ms. Kiefer, District No. 10 Legislator, thanked Ms. Chock for her visual display of spending by the Federal government. She said there is much more spent on the military that is not reflected in the Pentagon budget. Ms. Kiefer also said she will distribute a copy of the National League of Women Voters' position on immigration, arrived at after study and meetings to arrive at consensus. Report from a Municipal Official There was no municipal official in attendance to give a report. Chair's Report Vice Chair McBean-Clairborne presented Jonathon Wood, County Attorney, with a certification in recognition of fifteen years of service to Tompkins County. Mrs. McBean-Clairborne also spoke of the Administrative Law Judge's recommendation in the Kearney case, and stated she hopes the community will see this as a wake-up call and stressed that old ways cannot continue. She said people need to be treated with respect and as human beings. She is optimistic that change will happen towards making this community more inclusive. 100 April 15, 2008 Mrs. McBean-Clairborne also reported she and Mr. Koplinka-Loehr have been discussing the continued search process for the County Administrator position. She said she would like to discuss this in executive session. Questions were raised concerning the composition of the Search Committee. Mrs. McBean-Clairborne said membership has not yet been finalized, however, there will be ten members, of which all will be voting. Five of those members will be Legislators, three will be department heads or staff, and two will be members of the community. Addition and Withdrawal of Resolution(s) to the Agenda It was MOVED by Ms. Kiefer, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, to add to the agenda the resolution entitled Requesting Continuation of Federal Aid for Tompkins County Highway Projects. There were no resolution(s) withdrawn from the agenda. Report from the County Administrator Mr. Whicher reported he has distributed copies of a letter from the New York State Chief Information Officer -Office of Technology (CIO -OFT). He said the letter is as far as the State can go at this point in saying they are planning to negotiate with Tompkins County regarding using our infrastructure for their communications system. This will be very significant to Tompkins County, particularly when developing the 2009 budget. Mr. Whicher also reported on the subject of storage of the new voting machines that has been discussed by a few Legislature committees. He said these machines, which cost close to $1 million, cannot be stored in the Old Library for any period of time because of problems with the roof. He said they have explored alternatives to store these machines with annual rent estimated at $25,000-$40,000 and have found it much more cost effective to construct a building at the Bostwick Road site that could be used by the Factilities Division in the future. Mr. Whicher said a resolution will be presented to the appropriate committees next month. Report from the County Attorney Mr. Wood had no report. Report from the Finance Director Mr. Squires reported the County has experienced some unusually large growth in sales tax distributions from New York State. He said he does not believe it is attributable to economic activity, but will know more when the quarterly report is received in ten days. Consent Agenda It was MOVED by Ms. Mackesey, 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. 66 — AWARD OF RIDEWISE PROPOSALS TO CORNELL COOPERATIVE EXTENSION OF TOMPKINS COUNTY, INC. MOVED by Ms. Mackesey, seconded by Ms. Robertson, and unanimously adopted by voice vote by members present under the Consent agenda. 101 April 15, 2008 WHEREAS, the Tompkins County Department of Social Services, in cooperation with Ithaca - Tompkins County Transportation Council, Tompkins Consolidated Area Transit, GADABOUT Transportation Services, Ithaca Car -Share, and other transportation providers, identified a need to create a comprehensive consumer education and outreach program on transportation alternatives for Tompkins County residents called RIDEWISE, and WHEREAS, RIDEWISE will provide accessible information on current and future transportation options targeted to people with low incomes, people with disabilities, seniors, and also the general public, and WHEREAS, RIDEWISE will be funded with Federal Transit Administration Section 5317 Job Access and Reverse Commute Grant NY -37-X010, up to $156,184, and WHEREAS, Tompkins County duly advertised and solicited proposals (RFP 08-01) for consultants to develop RIDEWISE curriculum, program, and to conduct training workshops for individuals, groups, and employers, and WHEREAS, proposals were received from Cornell Cooperative Extension of Tompkins County, Inc., Staples Marketing, and Nelson/Nygaard, and opened on February 8, 2008, and were evaluated by department staff, and WHEREAS, Cornell Cooperative Extension of Tompkins County, Inc.'s proposal most clearly indicated a strong strategy for reaching the target population, now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, That the Tompkins County Legislature awards the RIDEWISE proposal to Cornell Cooperative Extension of Tompkins County, Inc., in the amount of $129,800, to be paid from the Federal Transit Administration Section 5317 Job Access and Reverse Commute Grant NY -37-X010. SEQR ACTION: TYPE II -20 RESOLUTION NO. 67 - AUTHORIZING COMMUNITY SOLUTIONS FOR TRANSPORTATION CONTRACT WITH NEW YORK STATE DEPARTMENT OF TRANSPORTATION MOVED by Ms. Mackesey, seconded by Ms. Robertson, and unanimously adopted by voice vote by members present under the Consent agenda. WHEREAS, the Tompkins County Department of Social Services was awarded a $70,000 Federal Community Solutions for Transportation (CST) grant pursuant to the Temporary Assistance for Needy Families (TANF) Program for 2008, to be contracted with the New York State Department of Transportation, and WHEREAS, the Department of Social Services will use the CST grant for transportation services targeted to eligible participants, who are defined as family -assistance persons and persons with incomes under two -hundred percent of Federal poverty rate, in accordance with procedures established by the New York State Department of Transportation and the New York State Office of Temporary Disability Assistance, as follows: Program Amount TCAT Pass Program $ 8,000 Ridesharing, Guaranteed Ride and Subscription Van $52,000 RIDEWISE Public Education and Marketing $10,000 CST Total $70,000 , now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, That the Department of Social Services is authorized to enter into a contract worth $70,000 to pay for TANF Community Solutions for Transportation program in 2008, RESOLVED, further, That the Commissioner of Social Services is hereby authorized to execute said agreement with the New York State Department of Transportation. SEQR ACTION: TYPE II -20 102 April 15, 2008 RESOLUTION NO. 68 - IN SUPPORT OF THE COUNCIL OF GOVERNMENTS' REVIEW OF HEALTH BENEFITS FOR NEW YORK STATE SHARED MUNICIPAL SERVICES PROGRAM MOVED by Ms. Mackesey, seconded by Ms. Robertson, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, Tompkins County joined the Tompkins County Council of Governments (TCCOG), and WHEREAS, in 2007, the County, on behalf of TCCOG, accepted an incentive grant award under the New York State Shared Municipal Services Program, and WHEREAS, the grant will assist the municipalities in Tompkins County to create a local health- care consortium, and WHEREAS, the health care consortium will seek to develop health benefits coverage for all municipalities with the intent to provide a net savings to the taxpayers of Tompkins County, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the Chair of the Tompkins County Legislature is authorized to execute an inter -municipal agreement with TCCOG members to participate in the review of the development of the health benefits consortium, RESOLVED, further, That Tompkins County understands that upon a complete review and plan design of a health benefits program, Tompkins County will have the option of joining a health benefits consortium that would require Tompkins County to sign another inter -municipal agreement. SEQR ACTION: TYPE II -20 RESOLUTION NO. 69 - BUDGET ADJUSTMENT — BOARD OF ELECTIONS MOVED by Ms. Mackesey, 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 Government Operations Committee, That the Director of Finance be directed to make the following budget adjustment on his books: Board of Elections Revenue Acct Title Amt Approp Acct Title(s) A1450.43089 Revenue State Aid $20,658 A1450.54400 Program Supplies Explanation: 2007 Unspent grant money that needs to be transferred to the 2008 Board budget for polling place improvements. SEQR ACTION: TYPE II -20 RESOLUTION NO. 70 — IN SUPPORT OF S4616 — AN ACT TO AMEND THE MENTAL HYGIENE LAW, IN RELATION TO FEES FOR SERVICES RENDERED PATIENTS HELD IN STATE INPATIENT FACILITIES PURSUANT TO COURT ORDERS MOVED by Ms. Mackesey, seconded by Ms. Robertson, and unanimously adopted by voice vote by members present under the Consent agenda. 103 April 15, 2008 WHEREAS, proposed legislation S4616 — An Act to amend the Mental Hygiene Law, in relation to fees for services rendered to patients held in State inpatient facilities pursuant to court orders, will limit counties' fiscal responsibility for court-ordered confinement to a maximum of thirty -days, and WHEREAS, although the majority of examinations and confinements do not exceed the thirty - day period, rare exceptions occur that are out of the control of local governments, and can create an unreasonable and extreme burden on local governments that can be particularly disproportionately burdensome in small and mid-size counties, and WHEREAS, when a person is continuously hospitalized/confined to a psychiatric facility or a developmental center for more than thirty days, this is considered clinical care and treatment of a chronically disabled person that is traditionally a one -hundred percent State charge, and WHEREAS, any inpatient service provided in State mental hygiene facilities is, under State and Federal law and rules, a one -hundred percent State charge and the existing chargeback process to counties for criminal and family court-ordered placements contradicts this policy and practice, and WHEREAS, State authorities exercise control over judges, courts, and State mental hygiene facilities that order or provide these particular services for which counties must pay a share, and that said counties cannot authorize, approve, limit, or plan for these services, and WHEREAS, a court-ordered confinement at a New York State Department of Mental Hygiene facility at local government expense could prove to be an exorbitant, unanticipated mandate, and WHEREAS, this bill would amend an anachronistic statutory provision that permits counties to be billed for services provided by State operated facilities for one solitary cohort of patients that is inconsistent with the other laws and mechanisms enacted over the past thirty years under which other similarly disabled state facility patients have their net costs fully paid for by the State without the imposition of a local charge, now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, That Tompkins County urges the State Legislature to support S4616 — An Act to amend the Mental Hygiene Law, in relation to fees for services rendered patients held in State inpatient facilities pursuant to court orders, RESOLVED, further, That the Tompkins County Legislature shall forward copies of this Resolution to Governor Paterson, the New York State Legislature, and all others deemed necessary and proper. SEQR ACTION: TYPE I1-20 Approval of Appointment(s) Under the Consent Agenda It was MOVED by Ms. Mackesey, seconded by Ms. Robertson, and unanimously adopted by voice vote by members present, to approve the following appointment(s) under the Consent Agenda: Water Resources Council Rick Manning — Business representative; term expires December 31, 2009 Patrick Barry — Natural Resource Conservation Service; term expires December 31, 2009 Planning Advisory Board Peter Penniman — Business representative; term expires December 31, 2009 Scott Witham — Cultural/Historic Preservation representative; term expires December 31, 2010 Environmental Management Council Lisa A. Skoler — Town of Danby representative; term expires December 31, 2010 Report from the Budget and Capital Committee Mr. Shinagawa, Chair, reported on impacts of the State Budget and other challenges facing the County in the 2009 Budget. He said there are many fixed costs within the County that will go up and there are also many challenges being presented as a result of the economy and the recently adopted New 104 April 15, 2008 York State budget. The State budget contains a two percent across-the-board reduction with the exemption of Medicaid, Pre -K, and entitlement programs, effective April 1st. Mr. Shinagawa said there is an additional two percent for 2009 and 2010, leaving the total possible reductions of approximately $700,000 in State Aid. There are also increases in mandates of approximately $840,000 and due to interest rates going down the County will be impacted by nearly $400,000. He noted these are only estimates as all information is not yet known. Mr. Shinagawa stated this will be an incredibly difficult budget year and there will be many questions. Mr. Shinagawa reminded Legislators that a budget retreat will take place on April 29. Renort and Presentation of Resolution(s) from the Facilities and Infrastructure Committee Ms. Kiefer, Member, reported the Committee met this afternoon to discuss Resolution No. 71 below. RESOLUTION NO. 71 - AUTHORIZING MEMORANDUM OF UNDERSTANDING WITH LIFELONG REGARDING FEASIBILITY OF JOINT FACILITY MOVED by Ms. Kiefer, seconded by Mr. Proto, and unanimously adopted by voice vote by members present. WHEREAS, Tompkins County needs to move offices for the County Office for the Aging from their current location in the Tompkins County Courthouse in order to make room for the needs of the State Courts, and WHEREAS, Lifelong, Inc., needs to expand its facilities to meet increasing demand for services, and WHEREAS, the Office for the Aging and Lifelong cooperate on a number of programs, serve many common clients, and share a mutual interest in serving the needs of the older residents of Tompkins County, and WHEREAS, a preliminary assessment has indicated that a facility could be developed on the Lifelong property that would accommodate both the needs of Lifelong and space for the County Office for the Aging, and WHEREAS, it is in the interest of Tompkins County and Lifelong to cooperatively develop a facility to provide services to the people served by both organizations, and WHEREAS, the Legislature has reviewed and approved a Memorandum of Understanding under which to advance the project, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the County Administrator or his designee is authorized to enter into a Memorandum of Understanding with Lifelong to advance the project, RESOLVED, further, That the first step of such a process be a feasibility study to be conducted by Lifelong and to which the County shall contribute in an amount proportionate to the amount of space in a new facility to be occupied by the County, not to exceed $10,000, RESOLVED, further, That should the project move forward the County's share of the feasibility study shall be treated as an expense of the County's capital participation in the project, RESOLVED, further, That before the County's involvement in the project moves beyond the feasibility stage further authorization from the County Legislature is required. SEQR ACTION: TYPE II -21 Mr. Sigler arrived at 6:42 p.m. 105 April 15, 2008 RESOLUTION NO. 72 - REQUESTING CONTINUATION OF FEDERAL AID FOR TOMPKINS COUNTY HIGHWAY PROJECTS MOVED by Ms. Kiefer, seconded by Ms. Mackesey, and unanimously adopted by voice vote by members present. Mr. Whicher stated he has been in contact with Senator Schumer and Congressman Arcuri and they are aware of this resolution and that this is Tompkins County's highest priority at this time in terms of the Federal budget. WHEREAS, Tompkins County was awarded Federal Aid funds for the Warren Road Reconstruction (PIN 3753.73), the McLean Road Bridge over Fall Creek (PIN 3754.50), the Station Road Culvert over Cayuga Inlet (PIN 3753.86), the Coddington Road Reconstruction (PIN 3753.24), and the Hanshaw Road Reconstruction (PIN 3753.25) projects, and WHEREAS, the Warren Road, McLean Road, and Station Road projects have been progressed through the completion of design and are ready to go to bid in 2008, and WHEREAS, the Coddington Road and Hanshaw Road projects are at the stage of right-of-way acquisition in 2008, and WHEREAS, Tompkins County has been notified by the New York State Department of Transportation that the Federal Highway Administration has rescinded the construction and right-of-way funding for these projects because they were originally scheduled to start in 2007, and WHEREAS, legitimate delays in the progression of the projects caused the start of these right-of- way and construction phases to be delayed beyond 2007, and WHEREAS, Tompkins County has worked diligently with Federal, State, and other local partners to advance these projects to the point where they are now about to be bid for construction expending $1 million in Federal, State, and County dollars in the process, and WHEREAS, the taxpayers of Tompkins County stand to lose $4.9 million in Federal Aid if these projects are not allowed to continue, and WHEREAS, the roads in question are vital to the local economy, and to the health, safety, and welfare of the traveling public, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the Tompkins County Legislature requests that the Federal Highway Administration reinstate and continue funding for the Warren Road Reconstruction, McLean Road Bridge, Station Road Culvert, Hanshaw Road Reconstruction, and Coddington Road Reconstruction projects, and that action be taken to prevent impacts on other existing projects that are delayed for justifiable reasons, RESOLVED, further, That by copy of this resolution our elected Federal representatives are asked to intercede on behalf of Tompkins County to assure that this funding is restored, RESOLVED, further, That a copy of this resolution be sent to our entire delegation of Federal and State elected representatives as indicated below. SEQR ACTION: TYPE II -20 Report from the Public Safety Committee Mr. Stevenson, Chair, reported the Committee will meet on April 18th. The Traffic Safety Committee will also meet on April 18th. Tompkins County's representative from the Governor's Traffic Safety Committee will be in attendance. Report from the Workforce Diversity and Inclusion Committee Mrs. McBean-Clairborne, Chair, reported the Committee will meet on April 23`1 106 April 15, 2008 Report and Presentation of Resolution(s) from the Health and Human Services Committee Mr. Proto, Chair, reported the Committee met on April 2°d and some of the items discussed are reflected in the resolutions that were on this evenings agenda. Highlights from that meeting include the Committee hearing an update from Lisa Holmes, Director of the Office for the Aging, regarding the co - location with Lifelong; a presentation from Nancy Zook of the Youth Services Department and Mr. Schumacher of the Learning Web, on the Youth Housing Task Force. That group received a grant of $192,000 per year for five years from the City of Ithaca Urban Renewal Fund; the purpose of the grant is to find housing for homeless youth. The resolution relating to the WIC program was withdrawn and is presently undergoing further review. Mr. Proto said he expects this to come back to the Committee at the May 7 meeting. He also reported Cooperative Extension was granted authorization from the Committee to move ahead with an education program on alternative modes of transportation throughout the County. They have received a grant in the amount of $129,800 specifically for this initiative. The next Committee meeting will be May 7th RESOLUTION NO. 73 — APPROPRIATION FROM CONTINGENT FUND FOR GREEN FLEET PURCHASES MOVED by Mr. Proto, seconded by Ms. Robertson. Mr. Proto said he had raised a question last year relating to emergency responders accessing these vehicles in the event of an accident. Mr. Proto said he has met with Lee Shurtleff, Director of Emergency Response, who has informed him there is now training for this purpose. It was also noted this is the County's first purchase of "green" vehicles. A short roll call vote resulted as follows: Ayes — 11; Noes — 0; Excused — 3 (Legislators Herrera, Koplinka- Loehr, and Randall); Vacancy —1 (District No. 12) . RESOLUTION ADOPTED. WHEREAS, the 2008 Budget includes $50,000 in the Contingent Fund for the purpose of supporting the marginal cost of the purchase of "green" vehicles that would reduce greenhouse gas emissions, and WHEREAS, the Green Fleet subcommittee of the County's Sustainability Committee developed a procedure for reviewing applications for use of this fund, and the procedure was reviewed and approved by the Government Operations Committee, and WHEREAS, the Green Fleet subcommittee reviewed and analyzed three proposals submitted for use of the funds in accordance with that procedure, and WHEREAS, two proposals are being recommended by the Green Fleet subcommittee and the County Administrator for funding at this time, and WHEREAS, additional applications may be made throughout the remainder of the year and will be evaluated by the Green Fleet subcommittee and the County Administrator in the same manner as those submitted to date, now therefore be it RESOLVED, on recommendation of the Health and Human Services and the Budget and Capital Committees, That the amount of $8,542 be appropriated from the Contingent Fund to allow the purchase of two hybrid vehicles by the Health Department, RESOLVED, further, That the Director of Finance be directed to make the following budget adjustments: Revenue Acct Title Amount Approp Acct Title 1990.52231 Contingent Fund - Vehicles $4271 4016.52231 Vehicles 1990.52231 Contingent Fund - Vehicles $4271 4090.52231 Vehicles 4095.43401 PH State Aid $2403 4016.52231 Vehicles 4095.43401 PH State Aid $2403 4090.52231 Vehicles SEQR ACTION: TYPE II -20 107 April 15, 2008 Report from the Human Resources Committee Mr. Dennis, Chair, reported the Committee met on April 3rd and had a discussion on Workers' Compensation 207(c). The Committee also a received a calendar of upcoming training for employees. Mr. Dennis requested an executive session to discuss labor negotiations. Mr. Proto asked for a status report on health insurance and retirees as they would relate to the Council of Governments review of health benefits. Mr. Shinagawa said the retirees have been brought into the process and they had a meeting with the consultant. Report from the Government Operations Committee Mr. Hattery, Chair, reported the Committee met last week and approved forwarding two proposed changes to the Code of Ethics that have been recommended by the Ethics Advisory Board. The Committee heard a report from the Assessment Department on options between staying with triennial assessment or reverting to annual assessment. A resolution will be brought forth the second meeting of May. Mr. Hattery said Greg Potter, Director of Information Technology Services, and Suzanne Etherington of the State Records and Archives Administration, talked to the Committee about the County's e-mail and use by Legislators. Mr. Potter and Aurora Valenti, County Clerk, have been asked to make a presentation to the Legislature in May on this issue. Report and Presentation of Resolution(s) from the Planning, Development, and Environmental Quality Committee Ms. Robertson, Chair, reported the Committee met on April 10th and much of the business will come before the Legislature at its next meeting. Fernando de Aragon, Director of the Transportation Council, talked about a recent conference he attended entitled "Incorporating Global Warming Concerns into Long -Range Transportation Planning". She said she can provide copies of the presentation to anyone who is interested. Mr. de Aragon said Tompkins County will be seeking approval of an updated Transportation Plan in the Fall. Ms. Robertson said the Planning Department presented its "Indicators of Success, Winter 2007". One topic that received a lot of discussion was tourism grants; there is a proposal to revise the Legislature's review process and that will be coming back in the form of a resolution. Mr. Marx reported on the Route 96 Corridor Study that is getting underway; a public meeting will take place on April 2314 at the Paleontological Research Institution. The Committee also discussed a Cornell initiative on transportation and a draft list of projects will be presented at the Facilities and Infrastructure Committee on April 17t. Mr. Marx also reported he met with Tim Joseph, the new Director of the Finger Lakes Regional State Parks. Mr. Joseph said they have been looking at a waterfront trail and analyzing public space on the Finger Lakes with Seneca and Cayuga Lakes still having opportunities for development of trails. RESOLUTION NO. 74 — AFFIRMING ITHACA-TOMPKINS COUNTY TRANSPORTATION COUNCIL (ITCTC) RECOMMENDATION TO INCREASE THE ITCTC STAFF DIRECTOR'S SALARY MOVED by Ms. Robertson, seconded by Ms. Mackesey. A short roll call vote resulted as follows: Ayes —11, Noes — 0, Excused — 3 (Legislators Herrera, Koplinka-Loehr, and Randall); Vacancy —1 (District No. 12). 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 108 April 15, 2008 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 No. 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 11, 2008, the ITCTC passed Resolution 08-1 to adjust the salary of the Staff Director, retroactive to January 1, 2008, based on the Tompkins County proposed 2008 adjustments for management employees of three 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 Board affirm the three percent increase of the salary for the Ithaca - Tompkins County Transportation Council Planning Director to a total of $75,912, as approved by the Ithaca - Tompkins County Transportation Council. SEQR ACTION: TYPE 11-20 Approval of Minutes of Aj 1, 2008 It was MOVED by Mr. Proto, seconded by Ms. Robertson, and unanimously adopted by voice vote by members present, to approve the minutes of April 1, 2008, with the corrections submitted. MINUTES APPROVED. Mr. Proto asked that the Legislature be given an update on the Brown Road site at the next meeting. Mr. Whicher reported the closing on the building will take place on April 22nd. Mr. LeMaro reported staff is currently negotiating the terms of the agreement with LaBella Associates. Additional information has been requested and he expects it to be available later this week. basis. Recess Mr. Dennis suggested that a Brown Road progress report be reported on to this Legislature on a regular Mrs. McBean-Clairborne declared recess from 7:25 p.m. to 7:35 p.m. Executive Session It was MOVED by Mr. Hattery, seconded by Ms. Chock, and unanimously adopted by voice vote by members present, to enter into executive session at 7:35 p.m. to discuss negotiations and a personnel matter. The meeting returned to open session at 8:37 p.m. RESOLUTION NO. 75 - RATIFICATION OF BARGAINING AGREEMENT CIVIL SERVICE EMPLOYEES ASSOCIATION, BLUE COLLAR UNIT MOVED by Mr. Dennis, seconded by Ms. Robertson. A roll call vote resulted as follows: Ayes — 11, Noes — 0, Excused — 3 (Legislators Herrera, Koplinka-Loehr, and Randall), Vacancy — 1 (District No. 12). RESOLUTION ADOPTED. 109 April 15, 2008 WHEREAS, the collective bargaining agreement between Tompkins County and the Civil Service Employees Association, Blue Collar Unit, expired on December 31, 2007. Negotiations for a successor agreement began on June 27, 2007 and continued until CSEA declared impasse on January 16, 2008, and WHEREAS, thereafter, mediation was conducted through the Public Employees Relations Board (PERB) and the negotiating teams agreed to a two-year contract, January 1, 2008, through December 31, 2009, which extends the terms and conditions of the previous four-year agreement with minor wording and the following monetary changes: • Three percent on base effective January 1, 2008; • One percent on base effective October 1, 2008; • Three percent on base effective January 1, 2009; • Increase shift premium from 80¢ to $1.00 per hour; • Sick leave to accumulate to a maximum of 180 days; • Increase the clothing allowance from $250 to $350; • Increase the shoe/boot allowance from $75 to $100; • Accrual of compensatory time from 70 hours to a maximum of 105 hours for a 35 -hour per week employee; • Accrual of compensatory time from 80 hours to a maximum of 120 hours for a 40 -hour per week employee, , now therefore be it RESOLVED, on recommendation of the Negotiating Committee and the Human Resources Committee, That the bargaining agreement between Tompkins County and the Civil Service Employees Association, Blue Collar Unit, for the period January 1, 2008, to December 31, 2009, is hereby ratified. SEQR ACTION: TYPE I1-20 Adiournment On motion the meeting adjourned at 8:39 p.m. 110 May 6, 2008 Regular Meeting Call to Order Chair Koplinka-Loehr called the meeting to order at 5:30 p.m. Pledge of Allegiance to the Flag and Roll Call of Members Members and guests participated in the Pledge of Allegiance to the Flag. Present: 15 Legislators. Presentation of Proclamations Chair Koplinka-Loehr presented the following proclamations: • Hotel Worker Appreciation Day in Tompkins County (April 30, 2008) • Independent Living Week in Tompkins County (May 18-24, 2008) • Community Action Month in Tompkins County (May 2008) — Ms. Dillon, Executive Director of Tompkins County Community Action, thanked the Legislature for its support, noting Tompkins Community Action is in its 42"d year of service to the community. Ms. Dillon invited the Legislature to their annual dinner. Privilege of the Floor by the Public Peter Stein, Town of Ithaca Board member, noted his previous experience working with Mr. Dennis and Mr. Burbank. He reported the Town of Ithaca is in the process of formulating a comprehensive plan that will fit into the landscape of Tompkins County, noting the need to fmd a balance that is not a metropolitan center with appropriate housing needs resolved. He also talked about the carbon footprint and the importance of all municipalities to review the matter and work on reduction. Mr. Stein said an issue of concern with the Town is the northeast area surface water problems. Although discussions have included the possibility of utilizing pipes to drain the water via the sewer systems, the amount of water it would involve exceeds the existing pipe capacity. In addition, the proximity to the Town of Dryden could possibly require mutual assistance. Mr. Stein expressed a desire for municipal cooperation working on the comprehensive plan and other aspects of infrastructure. Privilege of the Floor by Legislators Ms. Herrera, District No. 5 Legislator, reported the Sciencenter is celebrating its 25th anniversary and would have a community block party on Saturday, May 10th from 5:00 p.m. to 8:00 p.m. Other activities will occur throughout the day, and volunteers assisting in the event would gain free admission. Mr. Shinagawa, District No. 4 Legislator, reported May is Asian -American Heritage Month. This event was established in 1978, with the date chosen for the first Japanese immigration on May 7, 1843, as well as the completion of the transcontinental railroad, May 10, 1869, with the efforts of numerous Asian heritage workers. He provided a brief history of his family's immigration to America approximately one hundred years ago and the events that occurred as a result of their heritage. Mr. Shinagawa spoke of the combination of hard work and the social structure of our country that has enabled individuals who desire to work hard and prosper to have the opportunity to do so. Ms. Robertson, District No. 13 Legislator, spoke of the recent series of articles appearing in The Ithaca Journal relating to poverty. She recommended Legislators review the articles to provide an understanding of 111 May 6, 2008 how the highlighted individuals were able to become successful, noting one indicated luck, while the other was the social structure in place. Ms. Robertson then spoke of a series workshop on Green Jobs being provided at the Sustainable Conference at the Unitarian Church, noting the second portion was being presented this evening. Ms. Robertson then asked fellow Legislators to extend condolences to Assemblywoman Barbara Lifton and her family for the loss of her granddaughter, Mira Brouwer. Ms. Chock, District No. 3 Legislator, reported the Ithaca Neighborhood Housing Services luncheon is May 8th at the Woman's Community Building with guest speaker John Davis, a national expert on community land trust -owner -occupied housing. The Lifelong annual luncheon would be held on May 15t at the Ramada Inn, with fellow Legislator Nathan Shinagawa emceeing the event. The Office for the Aging annual event would be held on May 22nd at the Clarion, with speaker John Krout of the Ithaca College Gerontology Institute. At this event local citizens, Nancy Bereano and Bill Eisenhardt, will receive an award for their efforts on behalf of seniors. Ms. Chock then reported of a recent work walk -out undertaken by over 6,000 longshoremen along the west coast of the United States, who refused to unload war -related cargo as a form of protest against the Iraq War. Ms. Kiefer, District No. 10 Legislator, reported on her participation in the Green Grand Prix that was held in Watkins Glen. This sixty -mile road rally was for hybrid and alternate energy vehicles, with wonderful displays of various energy-saving vehicles throughout the day. Mrs. McBean-Clairbome, District No. 2 Legislator, shared her recent experiences as a member of a volunteer work party in New Orleans, noting a great deal more work is necessary to provide adequate housing for individuals, families, and schools. She shared personal experiences related to information on the demolition of structures, miscommunication to residents, problems with Federal Emergency Management Agency trailers, and sense of loss the communities shared. Mrs. McBean-Clairbome then spoke of flooding damage in Kansas as well, noting although not as significant as New Orleans, it was comparable to local residents. She encouraged individuals to contribute in any manner possible to assist in the ongoing efforts of the community. Mrs. McBean- Clairborne announced of the Ithaca Youth Bureau celebrating its 60"' anniversary with a 60,000 -mile walk. She asked people to participate in the celebration by participating in the walks. Mr. Proto, District No. 7 Legislator, reported the Village of Dryden Memorial Day Parade would be held on May 26th, with the City of Ithaca ceremony at 5:30 p.m. in the City of Ithaca Cemetery on May 30th. He reported the first meeting of the United Female Veterans of America would take place in St. Louis, Missouri, in June 2008. Mr. Proto then spoke of having a report indicating the missing soldiers from the Vietnam War is 1,761. He reported the State officially informed Pat Deptula of a decision to approve the request to maintain the skilled nursing beds at Lakeside Nursing and Rehabilitation. Mr. Proto announced the subject of the Women, Infants, and Children (WIC) program will be discussed at the Health and Human Services meeting on May 71. He said he received many post cards from individuals in support of maintaining the program. Mr. Proto spoke of the upcoming Meet the Candidates event occurring on May 8th at the Ithaca High School. He announced Legislator Kiefer was honored as one of Ithaca's "Wild Women of the 70's" at the "Women Making History" celebration and also welcomed Legislator Burbank. Mr. Randall, District No. 9 Legislator, invited fellow Legislators and the public to the 15"' Annual TST BOCES Car Show to be held May 18th. He also spoke of the Skills program that is offered at the school and the honor of having his student win the regional competition. Mr. Dennis, District No. 15 Legislator, spoke of the honor of having Tompkins County Corrections Officer, Patrick Masters, highlighted in the most recent New York State Association of Counties publication for his extensive work as an Alpha Troup Second Squad Cavalry. He noted Mr. Masters duties included work in Rochester and then Iraq for 11 months. He also spoke of Pam Stonebreaker's attendance at Northeast School where she presented information on the importance of spaying and neutering cats, showing the children how rapidly they multiply. 112 May 6, 2008 Mr. Stevenson, District No. 8 Legislator, reported the hand -carved Town of Enfield logo, which reflects the character of the community and had been crafted as the result of grants and tremendous effort, was stolen from the location near Trumbulls Corners Road. He asked that anyone who might have information to contact the Tompkins County Sheriff or State Police; he hopes it can be returned. Mr. Burbank, District No. 12 Legislator, thanked everyone for welcoming him and said he was honored and thrilled to be present. He plans to become oriented to the workings of the County and will make visits to the departments to learn operations. He noted while a Town of Ithaca representative he worked on a project to improve conditions for pedestrians and cyclists. Mr. Burbank announced May 16th is bike to work day and invited all to participate in the event. Presentation —United Nations Climate Negotiations: from Bali to Tompkins County Dominic Frongillo, Council Member and Deputy Supervisor for the Town of Caroline, reported on his attendance at the United Nations Framework on Climate Change conference held in Bali. The conference, attended by between 10,000 — 15,000 individuals from around the world, discussed steps that could be taken when the Kyoto Protocol expires. As a youth representative, Mr. Frongillo networked with the other 200 youth to discuss how to proceed with climate change. Mr. Frongillo said he left the conference hopeful, yet climate change is accelerating at a rapid pace, with slow international response. At the conference it was noted that 350ppm of carbon dioxide is the new maximum number for civilization; we are currently at 385ppm. He spoke of the work undertaken by the Town of Caroline to become energy independent, presently with 25 percent of their energy coming from wind. He reported that the Community held a "Lighten Up Caroline" event, providing residents with a Compact Fluorescent Ray (CFR) light bulb in a sewn bag with literature. He also announced that on June 5t'' there would be a public meeting at the Tompkins County Public Library to discuss policies and actions the county could do to reduce greenhouse gasses and assist the environment. Report from a Municipal Official Mr. Stein, Town of Ithaca, provided a report under privilege of the floor for the public. Chair's Report Mr. Koplinka-Loehr thanked Mrs. McBean-Clairborne and Ms. Robertson for their assistance during his absence. He reported that the Board of Education elections would hold a second Meet the Candidates event held at the Greater Ithaca Activities Center on May 15th from 6:30 p.m. to 8:30 p.m. Addition and Withdrawal of Resolution(s) to the Agenda There were no resolution(s) to add to or withdraw from the agenda. Report from the County Administrator Ms. Younger, Deputy County Administrator, did not have a report. Report from the County Attorney Mr. Wood reported that the closing for 55 Brown Road has occurred and the County now owns the building. Report from the Finance Director 113 May 6, 2008 Mr. Squires reported on a meeting he attended in Syracuse regarding the State budget and expressed concern regarding the two percent cut made by the State. He said the cut, which would apply to every claim made by the County, takes effect as of April 1, 2008, when the State budget year begins. Every State program, with the exception of education and pre -k handicap children program, would be affected by the cut. He believes that as a result of the unprecedented $27 billion State deficit, the State will continue to cut their share of expense for programs. Mr. Squires anticipates the 2009 budget to be the most difficult budget the County will face in years; it would be difficult to meet any target without substantial reductions at the County level due to the State shifting a greater responsibility to the County. Mr. Sigler asked how much of the shortfall would be left following the State's first year. Mr. Squires indicated it is difficult to determine due to the State being on a cash basis. The State estimates a shortfall over three years in excess of over $27 billion. Twenty-two percent of the State economic base comes from Wall Street; if there is a problem with the financial markets it affects the State. He said 22,000 jobs are being cut on Wall Street and the average incomes are reduced. Ms. Robertson asked what the local impact of the reductions are, particularly since this is being done mid -year. Mr. Squires said at the moment it is not known the full extent of the State's actions due to the manner claims are processed. Ms. Kiefer requested Mr. Squires provide an estimate of how this State reduction would affect the 2008 adopted budget. Approval of Resolution(s) Under the Consent Agenda It was MOVED by Mr. Proto, seconded by Ms. Robertson, and unanimously adopted by voice vote, to approve the following resolution(s) under the Consent Agenda: RESOLUTION NO. 76 - AUTHORIZATION TO ACCEPT AN AWARD OF A GRANT FOR THE BENEFIT OF THE DRUG COURTS OF TOMPKINS COUNTY MOVED by Mr. Proto, seconded by Ms. Robertson, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, the Probation and Community Justice Director has been notified of a grant award in the amount of $35,000 from a local foundation that has requested no publicity for the grant, to provide support for the Drug Treatment Courts of Tompkins County, now therefore be it RESOLVED, on recommendation of the Public Safety Committee, That the County Administrator or his designee execute all contracts related to this award, RESOLVED, further, That the Director of Finance is directed to make the following budget adjustment for 2008: BUDGET ADJUSTMENT FROM: (Revenue) TO: (Appropriation) SEQR ACTION: TYPE II -20 A 3990.42705 A 3990.51000049 A 3990.54333 A 3990.54491 A 3990.58800 114 Gifts & Donations $35,000 Project Assistant $ 600 Education & Promotion $15,000 Sub -Contracts $19,340 Fringe $ 60 May 6, 2008 RESOLUTION NO. 77 - FUNDING OF COMMUNITY CELEBRATIONS GRANTS MOVED by Mr. Proto, seconded by Ms. Robertson, and unanimously adopted by voice vote 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, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the following grants are approved: City of Ithaca 2008 Rock the Arts Festival $1,200 Town of Groton 2008 Happenin' in the Hamlet 1,200 Town of Lansing 2008 Early History of Bicycling 500 Town of Newfield 2008 Schoolhouse Reunion 1,000 Town of Lansing 2008 Lansing Fishing Derby 433 Town of Lansing 2008 Myers Park Concert Series 1,000 City of Ithaca 2008 Summertime Block Party 1,500 Town of Danby Recognizing Danby's Rural Cemeteries 578 Town of Lansing 2008 Farm City Day 2,000 Village of Groton 2008 Groton Olde Home Days 1,500 Village of Trumansburg 2008 Mainstreetscape Celebration 1,900 Town of Newfield 2008 Newfield Old Home Days 1,500 Town of Ithaca 2008 Tutelo Homecoming Festival 2,000 City of Ithaca 2008 Latino Heritage Month 2,000 Town of Enfield 2008 Enfield Harvest Festival 1,640 Village of Trumansburg 2008 Trumansburg Winter Festival 1,900 Village of Groton 2009 Groton Winterfest 750 City of Ithaca 2009 Lunar New Year Festival 1,500 City of Ithaca Rededication of Memorials -Dewitt Park 1,000 $25,101 RESOLVED, further, That the County Administrator or designee shall be authorized to sign any documents related to the aforementioned projects. SEQR ACTION: TYPE 1I-20 RESOLUTION NO. 78 - FUNDING OF TOURISM MARKETING AND ADVERTISING GRANTS —AMENDED BY RESOLUTION NO. 97 OF 2008 MOVED by Mr. Proto, seconded by Ms. Robertson, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, Tompkins County has a grant program for Tourism Marketing and Advertising using funds drawn entirely from Room Occupancy Tax, and WHEREAS, Tompkins County has requested and reviewed grant applications for recommendation to the Tompkins County Legislature through the Planning, Development, and Environmental Quality Committee with the advice of the Strategic Tourism Planning Board, now therefore be it 115 May 6, 2008 RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the following grants are approved: Finger Lakes GrassRoots Festival 2008 Finger Lakes GrassRoots Festival $ 3,250 Tap Legacy Foundation 2009 Finger Lakes Tap Dance Festival $ 2,000 Town of Ulysses Trumansburg Select.com $ 1,000 Historic Ithaca- State Theatre Ithaca Theatre Collective $ 3,000 Ithaca Triathlon Club 2009 Cayuga Lake Triathlon $ 4,000 Ecovillage at Ithaca, Inc. Podcar City Sustainable Transportation Conference $ 2,000 Ithaca Festival Ithaca Festival Program Insert $ 2,500 PRI- Museum of the Earth Hatching the Past: Dinosaur Eggs & Babies $ 4,500 Ithaca Downtown BID Ithaca Downtown BID Web Site and Campaign $ 4,250 NYS Brewers Association 2008 Ithaca Brew Fest $ 4,000 Cayuga Wine Trail 2008 September Harvest Wine Fest $ 4,000 Cayuga Wine Trail 2008 Grapehound Wine Tour $ 3,250 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. 79 - FUNDING OF NEW TOURISM INITIATIVE GRANT MOVED by Mr. Proto, seconded by Ms. Robertson, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, Tompkins County has a grant program for New Tourism Initiatives using funds drawn entirely from Room Occupancy Tax, and WHEREAS, Tompkins County has requested and reviewed grant applications for recommendation to the Tompkins County Legislature through the Planning, Development, and Environmental Quality Committee with the advice of the Strategic Tourism Planning Board, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the following grant is approved: New York State Brewers Association 2008 Ithaca Brew Fest $15,000 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. 80 — FUNDING OF TOURISM PROJECT GRANTS MOVED by Mr. Proto, seconded by Ms. Robertson, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, Tompkins County has a grant program for Tourism Projects using funds drawn entirely from Room Occupancy Tax, and WHEREAS, Tompkins County has requested and reviewed grant applications for recommendation to the Tompkins County Legislature through the Planning, Development, and Environmental Quality Committee with the advice of the Strategic Tourism Planning Board, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the following grants are approved: 116 Tap Legacy Foundation, Inc. Social Venture Finger Lakes GrassRoots Festival Social Venture Cornell Cooperative Extension Downtown Ithaca BID PRI- Museum of the Earth Cayuga Wine Trail Cayuga Wine Trail Cayuga Nature Center May 6, 2008 2009 Finger Lakes Tap Dance Festival $ 6,000 2009 Finger Lakes International Dragon $10,000 Boat Festival 2008 Finger Lakes GrassRoots Festival $15,000 National Dance Week -Ithaca 2008 $ 1,000 Ithaca/Tompkins County Restaurant Week $ 5,000 Downtown Ithaca Holiday Festival $10,000 Hatching the Past: Dinosaur Eggs & Babies $ 8,000 September Harvest Wine Fest $10,000 2008 Grapehound Wine Tour $ 2,000 Cayuga Nature Center Improvements $13,000 $80,000 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. 81 — AWARD OF TOURISM CAPITAL GRANT — CAYUGA NATURE CENTER MOVED by Mr. Proto, seconded by Ms. Robertson, 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 Occupancy Tax 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 project Entity Project Cayuga Nature Center Feasibility Study- Detail Design for Facility $13,500 SEQR ACTION: TYPE II -20 Approval of Appointment(s) Under the Consent Agenda It was MOVED by Mr. Proto, seconded by Ms. Robertson, and unanimously adopted by voice vote, to approve the following appointment(s) under the Consent Agenda: Public Information Advisory Board Larry Roberts — Term to expire December 31, 2009 117 May 6, 2008 Report and Presentation of Resolution(s) from the Planning, Development, and Environmental Quality Committee Ms. Robertson, Chair, said the Committee will meet on May 8, 2008, and will have a full agenda. She noted a lot of work was done on the tourism grants presented. Ms. Kiefer was surprised funding was granted at this time for the Ithaca Triathlon, which is an August 2009 event, and thought there might have been another round of grants later in the year that would have been a more appropriate time to apply. Ms. Chock said the grants are designed to provide adequate planning time to effectively promote the function. Ms. Kiefer then inquired how the County would be informed of the individual performing a feasibility study for capital grants. Ms. Robertson said it is the responsibility of the applying agency to carry out the work. For the Cayuga Nature it would be Claudia Brenner Design, and the Stewart Park rehabilitation will be Rick Manning's firm. RESOLUTION NO. 82 — AMENDING MEMBERSHIP OF THE WATER RESOURCES COUNCIL (RESOLUTION LOST) MOVED by Ms. Robertson, seconded by Ms. Mackesey. Mr. Proto said he supported the resolution at Committee to bring it forward to the full Legislature for discussion. However, as Chair of the Water Resources Council, he would not support the resolution as he believes the seat needs to be retained and a more aggressive approach to find a member occur. He spoke of two individuals expressing an interest from Ithaca Forward, who lost interest when they thought the seat might be dissolved. He believes it is an important segment that needs to be included within the Council to discuss water issues throughout the County. Ms. Chock spoke in support of the resolution, stating she believes there is a need to continue planning and the amendment would encourage community members to participate. Ms. Kiefer agrees with Ms. Chock. Ms. Robertson noted that although the seat is designated with a person with a planning background, it is not a County staff member seat. Mr. Proto reminded the Legislature that a compromise to fill the seat with an "at -large" member also failed at the Water Resources Council meeting. A voice vote on the resolution resulted as follows: Ayes — 5 (Legislators Burbank, Chock, Kiefer, Koplinka-Loehr, and Robertson); Noes - 10 (Legislators Dennis, Hattery, Herrera, Mackesey, McBean-Clairborne, Proto, Randall, Shinagawa, Sigler, and Stevenson). RESOLUTION LOST. WHEREAS, the Tompkins County Water Resources Council (WRC) was established by Resolution No. 181 of 1997, and the membership of the WRC was restructured by Resolution No. 57 of 2000, which created nineteen voting members, including an Economic Development seat, and WHEREAS, the membership of the WRC was expanded by two At -Large voting seats by Resolution No. 211 of 2000, and terms were changed from two years to three years by Resolution No. 49 of 2001, and WHEREAS, the WRC conducts an annual membership campaign and occasional special campaigns, and has had no applicants for the Economic Development seat since it was vacated in December of 2004, and WHEREAS, the Nominating/Membership Committee of the WRC recommended that the seat be changed, and the WRC voted at its meeting on March 17, 2008, to change the seat from Economic Development to Planning, to be filled with a person with expertise in planning, either by virtue of training or on-the-job experience, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the Economic Development seat of WRC is changed to Planning. SEQR ACTION: TYPE II - 20 118 May 6, 2008 RESOLUTION NO. 83 — AWARD OF TOURISM CAPITAL GRANT — CAYUGA WATERFRONT TRAIL INITIATIVE MOVED by Ms. Robertson, seconded by Ms. Herrera. Mr. Proto said he did not support the resolution in committee because he was concerned the grant money was going to be used to pay the consultant. Ms. Robertson said the funds are for the feasibility study, although she is not certain who could be a potential subcontractor. Ms. Herrera will support the resolution, noting that the park does need repair and it would assist in increasing utilization of the park. Ms. Mackesey said Common Council has been discussing the park for some time, with the last expenditure being a roof on the boathouse. Mr. Proto requested the Strategic Tourism Planning Board provide a report of the completed feasibility study to the Planning, Development, and Environmental Quality Committee. Ms. Chock said having been on the STPB she is confident a concerted and detailed process regarding the development and award of grants has occurred. A voice vote on the resolution resulted as follows: Ayes — 15, Noes — 0. 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 WHEREAS, funding exists within the Room Occupancy Tax 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 project: Entity Project Cayuga Waterfront Trail Initiative Feasibility Study- Stewart Park Rehabilitation Action Plan $15,000 SEQR ACTION: TYPE II -20 RESOLUTION NO. 84 - TO APPROVE CONTINUATION OF AND REVISIONS TO AGRICULTURAL DISTRICT NO. 2 MOVED by Ms. Robertson, seconded by Mr. Proto. Ms. Robertson said she did not support the resolution at the Planning Advisory Board or the Committee since it appeared some of the Town of Ulysses parcel designations could promote sprawl. She subsequent was informed the Town Board agrees with the removal of the parcels and will support it as is. Ms. Kiefer believes the proximity between the designated areas and Route 96 mean the possibility of sprawl that would oppose the present Route 96 Corridor planning. Mr. Proto stated the Town of Ulysses and Planning Advisory Board members were supportive of the district. Mr. Marx indicated his only concern is that when the parcels removed from the district are sold, the purchaser would still be notified their property is within an agricultural district due to its proximity and therefore will not support the resolution. 119 May 6, 2008 A vote on the resolution resulted as follows: Ayes - 13, Noes - 2 (Legislators Kiefer and Mackesey). RESOLUTION ADOPTED. WHEREAS, under New York State Agricultural District Law, it is required that agricultural districts be renewed every eight years allowing landowners to apply to become a part of or to exempt all or part of their lands from the district, and WHEREAS, Tompkins County has established agricultural districts in support of State policy in an effort to preserve, protect, and encourage the development and improvement of agricultural land for the production of food and other agricultural products, and WHEREAS, the County Legislature is the lead agency that must approve the formation of and changes in agricultural districts, and WHEREAS, the County, as required by law, conducted a public hearing for this review and approval on March 18, 2008, and no one spoke at the public hearing, and WHEREAS, the Planning, Development, and Environmental Quality Committee has reviewed the recommendations regarding revised agricultural district boundaries from the Agricultural and Farmland Protection Board and the Planning Advisory Board, and WHEREAS, a list of parcels indicates those recommended for addition total 152 acres and for deletion 531 acres, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the newly revised boundaries of Agricultural District No. 2 be approved and that the District be continued. SEQR ACTION: TYPE I1-20 Additions to District: Town of Danby 1.-1-1.1 1.-1-26.23 1.-1-25.3 2.-1-24.1 Removals from District: Town of Ithaca 33.-3-1.3 33.-3-8.5 33.-3-8.8 33.-3-8.6 33.-3-8.9 33.-3-8.4 33.-3-8.7 Town of Ulysses 11.-2-4 12.-4-17 12.-4-18.1 12.-4-18.2 12.-4-18.4 2007-08 Agricultural District #2 Changes 27.-1-13.14 27.-1-13.17 27.-1-13.161 27.-1-13.18 27.-1-13.121 27.-1-13.15 27.-1-13.2 26.-2-1 26.-2-14.1 26.-2-17.3 26.-2-2.3 26.-3-11.1 120 27.-1-35.3 27.-1-35.4 27.-1-35.5 27.-1-35.6 27.-1-35.7 27.-1-35.8 27.-1-35.9 26.-3-8.71 26.-3-8.72 26.-3-8.81 26.-3-8.9 26.-3-9 12.-4-18.6 12.-4-18.9 12.-4-19.2 12.-4-20.1 21.-1-3 21.-1-4.11 21.-1-4.12 21.-1-4.13 21.-1-4.14 21.-1-4.21 21.-1-5.1 21.-1-5.2 24.-2-8.1 24.-3-4.2 24.-3-6.1 24.-3-6.2 25.-4-9 26.-3-11.2 26.-3-13.2 26.-3-13.2 26.-3-13.4 26.-3-5 26.-3-6 26.-3-7.1 26.-3-7.3 26.-3-8.1 26.-3-8.10 26.-3-8.11 26.-3-8.12 26.-3-8.13 26.-3-8.14 26.-3-8.3 26.-3-8.5 26.-3-8.6 May 6, 2008 33.-1-7 33.-3-1.2 33.-5-1 33.-5-2.1 34.-1-2 34.-1-3 34.-1-4 34.-1-5 34.-1-6.1 34.-1-6.2 34.-1-7.21 34.-1-7.22 34.-1-7.23 34.-1-8.1 34.-3-12 34.-3-13 Report and Presentation of Resolution(s) from the Public Safety Committee Mr. Stevenson, Chair, reported the Committee met April 18th and discussed the Re-entry Program with representatives from various public safety departments and agencies. The group will meet in June to continue discussion of how to coordinate and improve operations. A working session on technical assistance for the Tompkins County Criminal Justice Data Sharing Initiative will be held May 19th. The Committee meets next on May 16th. RESOLUTION NO. 85 - AWARD OF CONTRACT - PHYSICIAN SERVICES - TOMPKINS COUNTY JAIL MOVED by Mr. Stevenson, seconded by Mr. Dennis. Ms. Kiefer expressed surprise on the limited number of contacts and responses to the bid and inquired why the medical associations of Tompkins and surrounding counties were not contacted. Mr. Stevenson said the bid was awarded to the current jail physician, who adequately provides for the need of the Sheriffs office. Ms. Herrera requested more transparency regarding the procedure of future bids. Mr. Squires reported the bids were sent to the previous solicitation listing, which did not include Cayuga Medical . Inquires from the National Correctional medical services had been received but it was not economically feasible for them to pursue due to the size of the jail. He said in future bids more will be contacted. A voice vote on the resolution resulted as follows: Ayes - 14, Noes - 1 (Legislator McBean- Clairborne). RESOLUTION ADOPTED. WHEREAS, the Tompkins County Finance Department has duly requested proposals for Physician Services for the Tompkins County Jail, and WHEREAS, one (1) proposal was received on February 14, 2008, now therefore be it RESOLVED, on recommendation of the Public Safety Committee, That the proposal from Marshall Trabout, M.D., of Aurora, New York, for Physician Services for the Tompkins County Jail for $61,044 annually be and hereby is accepted for a two-year term (March 1, 2008 - February 29, 2010) with additional renewal options for up to three, one-year terms upon mutual agreement, RESOLVED, further, That the County Administrator be authorized to execute an agreement to implement this contract. SEQR ACTION: TYPE II -25 121 May 6, 2008 RESOLUTION NO. 86 - APPROPRIATION FROM CONTINGENT FUND - REPLACEMENT PAY — DEPARTMENT OF PROBATION AND COMMUNITY JUSTICE MOVED by Mr. Stevenson, seconded by Mr. Dennis. A short roll call resulted as follows: Ayes — 15, Noes — 0. RESOLUTION ADOPTED. WHEREAS, the Department of Probation and Community Justice had an employee out on disability for greater than two months in the Core Probation Services Program, and WHEREAS, the Fiscal Policy of Tompkins County allows for replacement pay from the Contingent Fund, now therefore be it RESOLVED, on recommendation of the Public Safety and Budget and Capital Committees, That the Director of Finance is hereby authorized to make the following adjustment to his books for 2008: FROM: A1990.54440 Contingent Fund $8,232 TO: A3142.51000585 Probation Officer $5,965 A3142.58800 Fringes $2,267 SEQR ACTION: TYPE II -20 Report from the Workforce Diversity and Inclusion Committee Mrs. McBean-Clairborne, Chair, reported the Committee met on April 231d; some of the work that has been occurring will be coming forward through the Human Resources Committee. Report from the Health and Human Services Committee Mr. Proto, Chair, said the Committee will meet May 7th, and will have an update on the Lifelong/Office for the Aging possible co -location, an update on autism and children with special care needs, as well as a discussion regarding the possible discontinuance of the sponsorship of the Women, Infants, and Children (WIC) program in the Health Department. He spoke of the postal cards received from the public regarding the WIC program, and clarified the County is not discussing dropping the program, but to not reapply for its sponsorship. The State would determine sponsorship following a review of applications. A resolution regarding the Health Department's Certificate of Need application relating to 55 Brown Road would be considered. Ms. Kiefer expressed her desire to see others apply for sponsorship as well as the County and let the State make a determinate choice. Report from and Presentation of Resolution(s) from the Facilities and Infrastructure Committee Mr. Randall, Member, reported the Committee met on April 17th. He has requested a public meeting be held in McLean to discuss concerns and complaints relating to Highway projects. Mr. Whicher, County Administrator, addressed the Committee with regard to his review of rental sites for the storage of County voting machines. As a result he is suggesting the construction of a storage building at the Bostwick Road location to provide storage for both the Board of Elections and in the future the Facilities Department. The Committee received a draft of the Cornell University Transportation Investment Initiative indicating various projects being recommended as well as the Highway Division 2008 work plan. He said that due to the escalating expense for materials it would not be able to complete as much work as initially planned. The Committee will meet next on May 15th. 122 May 6, 2008 RESOLUTION NO. 87 — MAKING A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE RUNWAY SAFETY AREA IMPROVEMENTS AND OBSTRUCTION CLEARANCE PROJECT - ITHACA TOMPKINS REGIONAL AIRPORT MOVED by Mr. Randall, seconded by Mrs. McBean-Clairborne. Ms. Kiefer had initially requested the language be modified to indicate a conditional negative declaration to ensure the Army Corps of Engineers work would include full compliance with technical specifications of the construction document; however as it would require an additional thirty -day public comment period the resolution was modified to indicate compliance to the Addendum instead. Ms. Herrera noted this resolves the issue of the paperwork between the application and addendum not being consistent, the language would provide assurance of the scope of work to be completed; she is hopeful that C&S Engineers would review processes to assure consistency. A voice vote on the resolution resulted as follows: Ayes — 15, Noes — 0. RESOLUTION ADOPTED. WHEREAS, through Resolution No. 127 dated July 5, 2005, and Resolution No. 154 dated September 5, 2006, the Legislature approved agreements with C&S Engineers of Syracuse to conduct an Environmental Assessment for an Obstruction Removal project and a Runway Safety Area Improvement project, and WHEREAS, said C&S Engineers have now conducted a full environmental assessment involving all stakeholders in the process, have completed Parts I, II, and III of the Full Environmental Assessment Form and have duly advertised the availability of the Environmental Assessment report for inspection by members of the general public, and WHEREAS, to address concerns about impacts on wetlands, on April 7, 2008, Addendum 1, point 22, modified the technical specifications (Item P-151) and has been included in construction documents and the Army Corps of Engineers permit, and WHEREAS, the Federal Aviation Administration (FAA) has also reviewed the likely effect of this project on the environment and has issued a Finding of No Significant Impact (FONSI), now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the Runway Safety Area Improvements and Obstruction Clearance Project is a Type 1 State Environmental Quality Review action, RESOLVED, further, That the Tompkins County Legislature does hereby make a Negative Declaration of Environmental Significance for said project with the understanding that there will be full compliance with technical specifications (Item P-151) of the construction document as modified by Addendum 1, point 22. SEQR ACTION: TYPE 1 (Negative Declaration - Full Environmental Assessment Form is available in the Legislative Clerk's Office) RESOLUTION NO. 88 — AWARD OF BID — RUNWAY SAFETY AREA IMPROVEMENTS AND OBSTRUCTION CLEARANCE PROJECT - ITHACA TOMPKINS REGIONAL AIRPORT MOVED by Mr. Randall, seconded by Ms. Chock, and unanimously adopted by voice vote. 123 May 6, 2008 WHEREAS, the Finance Department advertised and received four bids to make mandated improvements to the runway safety area and clear obstructions from land owned by the Ithaca Tompkins Regional Airport, and WHEREAS, the airport's engineering consultants, C&S Engineers of Syracuse, have reviewed all the bids and found the lowest responsible bidder is Sealand Contractors of Rush, New York, with a bid of $3,197,872, and WHEREAS, the Federal Aviation Administration (FAA) has reviewed the likely effect of this project on the environment and has issued a Finding of No Significant Impact (FONSI), now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the bid be awarded to Sealand Contractors of Rush, New York, as the lowest responsible bidder with a bid of $3,197,872, RESOLVED, further, That the funding sources for this project are as follows: FAA Share (95.0%) $3,037,978 New York State Department of Transportation ( 2.5%) $ 79,947 Local Share (Airline Rates & Charges) ( 2.5%) $ 79,947 TOTAL $3,197,872 RESOLVED, further, That the County Administrator be and hereby is authorized to execute a contract with Sealand Contractors of Rush, New York, RESOLVED, further, That the Finance Director be authorized to borrow monies if necessary, until reimbursement is received from the FAA and New York State Department of Transportation. SEQR ACTION: TYPE 1 (Negative Declaration - Copy of the Full Environmental Assessment Form is available in the Legislative Clerk's office) Ms. Herrera spoke of Governor Patterson's announcement regarding training and other steps for the State to become more sustainable; she would like to acknowledge the County's work on sustainability and suggested the State be informed of the work completed to date. Report from the Human Resources Committee Mr. Dennis, Chair, announced the Committee did not meet; the next meeting would be June 5th He reported negotiations for road patrol with the labor negotiator has taken place with a final offer having been made. If the offer were declined it will go to arbitration. Report and Presentation of Resolution(s) from the Government Operations Meeting Mr. Hattery, Chair, said the Committee would meet on May Stn RESOLUTION NO. 89 — AUTHORIZING A PUBLIC HEARING ON PROPOSED LOCAL LAW NO. a of 2008 - A LOCAL LAW AMENDING CHAPTER 32, SECTION 32-4, OF THE TOMPKINS COUNTY CODE — CODE OF ETHICS (Resolution Lost) MOVED by Mr. Hattery, seconded by Ms. Kiefer. Mr. Hattery explained the amendment would change the date for filing financial disclosure forms to the end of January. Mr. Proto and Ms. Herrera spoke in opposition of the resolution due to the date and timing for the filing deadline. 124 May 6, 2008 A voice vote on the resolution resulted as follows: Ayes — 6 (Legislators Burbank, Dennis, Kiefer, Mackesey, Sigler, and Stevenson); Noes — 9 (Legislators Chock Hattery, Herrera, Koplinka- Loehr, McBean-Clairborne, Proto, Randall, Robertson, and Shinagawa). RESOLUTION FAILED. WHEREAS, it is desired to amend the Code of Ethics to require elected officials and key employees of Tompkins County to file an annual disclosure statement by January 30 of each year, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That a public hearing be held before the Tompkins County Legislature in Legislative Chambers of the Tompkins County Courthouse, 320 North Tioga Street, Ithaca, New York, on Tuesday, May 20, 2008, at 5:30 o'clock in the evening thereof concerning proposed Local Law No. a of 2008 - A Local Law Amending Chapter 32, Section 32-4, of the Tompkins County Code - Code of Ethics. At such time and place all persons interested in the subject matter will be heard concerning the same, RESOLVED, further, That the Clerk of the Legislature is hereby authorized and directed to place proper notice of such public hearing in the official newspaper of the County. SEQR ACTION: TYPE II -20 RESOLUTION NO. 90 — AUTHORIZING A PUBLIC HEARING ON PROPOSED LOCAL LAW NO. b of 2008 - A LOCAL LAW AMENDING CHAPTER 32, BY ADDING A NEW SECTION 32-3(i), OF THE TOMPKINS COUNTY CODE — CODE OF ETHICS MOVED by Mr. Hattery, seconded by Ms. Kiefer. Mr. Hattery said the amendment would add language regarding a provision to restrict misuse of position by municipal officers and employees. Mr. Proto inquired whether specific incidents have occurred regarding abuse and was informed by Mr. Hattery some requests prompting a change have been made. Ms. Kiefer said there was enough concern and that she believes it to be a reasonable amendment that provides more guidance than just financial requirements. A voice vote on the resolution resulted as follows: Ayes — 15; Noes — 0. RESOLUTION ADOPTED. WHEREAS, it has been deemed appropriate to amend Section 32 of the Tompkins County Code of Ethics to include a new section dealing with Misuse of Position, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That a public hearing be held before the Tompkins County Legislature in Legislative Chambers of the Tompkins County Courthouse, 320 North Tioga Street, Ithaca, New York, on Tuesday, May 20, 2008, at 5:30 o'clock in the evening thereof concerning proposed Local Law No. b of 2008 - A Local Law Amending Chapter 32, by adding a new Section 32-3(i), of the Tompkins County Code - Code of Ethics. At such time and place all persons interested in the subject matter will be heard concerning the same, RESOLVED, further, That the Clerk of the Legislature is hereby authorized and directed to place proper notice of such public hearing in the official newspaper of the County. SEQR ACTION: TYPE II -20 Report and Presentation of Resolution(s) from the Budget and Capital Committee Mr. Shinagawa, Chair, did not have a report. 125 May 6, 2008 RESOLUTION NO. 91— ESTABLISHMENT OF 2009 COUNTY FINANCIAL GOALS MOVED by Mr. Shinagawa, seconded by Mr. Dennis. It was MOVED by Ms. Mackesey, seconded by Mr. Burbank, to amend the resolution as follows: "RESOLVED, on recommendation of the Budget and Capital Committee, That the Legislature establishes the goal of a maximum tax levy increase of three and one-half percent (_3.5_%) for 2009 resulting in a 10.8 percent tax rate decrease for 2009 ($6.12 tax rate) and also resulting in a projected decrease of $1,817,000 in locally controlled spending over 2009 projections,". Ms. Mackesey initially supported the 3 percent goal, however subsequent to the budget retreat reflected on previous years goal setting, and how setting low goal puts strain upon department heads to meet the goal, which is subsequently increased. Although she believes there is a need to be frugal in the levy increase she believes the 3.5 percent is a more realistic goal. Ms. Herrera said she does not support the amendment and said it is a time to be more cognizant of taxpayers' difficulties and be stringent. She believes the majority of staff understands the situation and will work with the Legislature. Mr. Dennis also said he opposes the amendment. He would like to make it clear that the Legislature is understanding of taxpayer difficulties and that it would be a difficult budget year. Ms. Robertson believed a four percent increase would be acceptable, which is less than half of the maintenance of effort figure. She said many people depend on the services of Tompkins County; if the tax levy increases as the budget progresses it would be better to set the higher amount now so people know what to expect. She believes citizens will contact Legislators regarding the importance of services offered. Mr. Sigler spoke of the 2008 budget, coming close to meeting its goal of 2 percent. He believes New York State is normally the last one in, first one out of a recession; if there is a recession, the 3 percent figure would be adequate and desirable. Mr. Randall disagrees with setting a goal that cannot necessarily be held to and does not believe a goal is necessary. Mr. Stevenson stated his constituents are supportive of program cuts and that the figure should be low. Mr. Proto stated he opposes the amendment. He spoke of an article in the Ithaca Journal indicating a recession in Upstate New York; and said although the 2009 budget is difficult, 2010 and 2011 may be more difficult due to reduced profits on Wall Street. He urged his colleagues to scrutinize every county -administered program and said the alternatives to incarceration programs that have not been proved effective are one spending area to examine. Mr. Koplinka-Loehr spoke of the CAP committee made up of business and community members three years ago recommending that setting a goal early in the process allows dialogue of the impact of potential cuts. He stated that he would not support the amendment. periods. Ms. Chock said County services are the first things citizens need during difficult financial 126 May 6, 2008 Ms. Robertson noted the 3.5 percent would not be reached without cutting big programs and that the alternatives to incarceration programs were not sufficient by themselves. Mr. Squires spoke of property tax being the County's only option with regard to some areas, which is a structural problem that requires a review of what recurring expenditures could be eliminated in future years. Ms. Kiefer said the County, like residents, experience the same difficulties with regard to inflation. She said the lower goal places more anxiety on departments and staff; these are times when safety net services are most needed. A voice vote on the motion to amend resulted as follows: Ayes — 6 (Legislators Burbank, Chock, Kiefer Mackesey, Robertson, and Shinagawa); Noes — 9 (Legislators Dennis, Hattery, Herrera, Koplinka- Loehr, McBean-Clairborne, Proto, Randall, Sigler, and Stevenson). MOTION TO AMEND LOST. Ms. Robertson noted the 3 percent tax levy for 2009 also means at least a $500,000 cut in 2008 spending. Mr. Proto spoke of having received State budget information after the local County Budget Retreat and that the 3.35 cut from the New York State Budget was not related to education and health. In addition, the Department of Social Services budget is between $13 to $15 million out of a total $33 million budget, with only some control over the services provided. He asked fellow Legislators to review the article regarding the State deficit and encouraged Ms. Robertson to undertake an effort to push back expenses to the State. Mr. Shinagawa will support the resolution, stating it is necessary to be proactive and plan. He said the Budget and Capital Committee will be discussing large -cut proposals and asks that standing committees look at various issues. Ms. Robertson said the discretionary portion of Department of Social Services funding is only $4 million of the $15 million total. A roll call vote on the resolution resulted as follows: Ayes — 11 (Legislators Burbank, Chock, Dennis, Hattery, Herrera, Koplinka-Loehr, Mackesey, McBean-Clairborne, Proto, Shinagawa, and Sigler); Noes — 4 (Legislators Kiefer, Randall, Robertson, and Stevenson). RESOLUTION ADOPTED. WHEREAS, Tompkins County, as part of its budget policy and process, wishes to establish a guideline for development of the 2009 budget, and WHEREAS, as of April 29, 2008, the County Administrator estimates that maintenance of effort would require an 8.6 percent tax levy increase, and WHEREAS, the rate of inflation as of April 16, 2008, was reported to be 3.98 percent, 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 three percent (3%) for 2009 resulting in a 11.2 percent tax rate decrease for 2009 ($6.09 tax rate) and also resulting in a projected decrease of $1,993,000 in locally controlled spending over 2009 projections, RESOLVED, further, That the Legislature use 2009 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. 127 May 6, 2008 SEQR ACTION: TYPE I1-20 Approval of Minutes of April 15, 2008 It was MOVED by Mr. Stevenson, seconded by Mrs. McBean-Clairbome, and unanimously adopted by voice vote to approve the minutes of April 15, 2008. MINUTES APPROVED. Recess Mr. Koplinka-Loehr declared recess from 8:30 p.m. to 8:36 p.m. Executive Session It was MOVED by Mr. Dennis, seconded by Mr. Proto, and unanimously adopted by voice vote, to enter into executive session at 8:36 p.m. to discuss legal and personnel matters. Ms. Mackesey was excused at 9:36 p.m. Mr. Stevenson was excused at 9:49 p.m. The meeting returned to open session at 9:49 p.m. Adjournment On motion the meeting adjourned at 9:49 p.m. 128 May 20, 2008 Regular Meeting Public Hearing – Local Law No. 1 of 2008 Mr. Koplinka-Loehr called the public hearing to order at 5:30 p.m. concerning proposed Local Law No. 1 of 2008 – A Local Law amending Chapter 32 by Adding a New Section 32-3(i), of the Tompkins County Code – Code of Ethics), and asked if anyone wished to speak. No one wished to speak and the public hearing was closed at 5:31 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 (Legislator McBean-Clairborne arrived at 5:38 p.m.). Excused: 3 (Legislators Burbank, Herrera, and Sigler). Presentation of Proclamation(s) Chair Koplinka-Loehr presented the following proclamation(s): Older Americans Month in Tompkins County (May, 2008) to Danielle Conte of the Office for the Aging; and Mental Health Awareness Month in Tompkins County (May, 2008) to David Bulkley, Mental Health Association of Tompkins County Distinguished Youth Award Mr. Dennis, District No. 15 Legislator, presented members of Ithaca High School's 2008 Nosanchuk Committee with the month's Tompkins County's Distinguished Youth Award. Honored are students Timothy Cramton, Dhiki Drury, Amy Golinker, Kaspar Kuehn, Laura Komor, Zach Montague, Alexander Sahn, Miriam Tohill, Bjorn Whitmore, and Nathan Winans. Nominated by IHS English teacher Eileen Bach, the students are honored for their work in planning a lecture series, aimed at stimulating thoughtful discussion among students, in memory of David Nosanchuk, an IHS senior who died in a tragic swimming accident the week before his high school graduation 25 years ago. Privilege of the Floor by the Public Mary Perry, Freeville, read and submitted the following statement: "My name is Mary Perry and in the past four years, my husband and I have helped to sponsor over 50 refugees to Ithaca, from the country of Burma, or Myanmar. "I want to go on public record to say what a relief many of us feel knowing that the WIC program will remain in co -location with the Health Department. "Helping our refugees navigate the Social Services system has been profoundly confusing to me. I can't imagine how anyone can fill out the paperwork required without at least a high school or college education, and then to attend all of the appointments they need to go to without being able to read or ask for directions is mind boggling. "That is why WIC's co -location within the Health Department has had such a positive impact on so many families. It is one location which mothers can access, find professional pre- and post- natal care and advice and where all of their children can receive immunizations. 129 May 20, 2008 "In this one location, mothers and children are served, and healthy families are strengthened. Thank you". Emily Jackson Levitt, City of Ithaca, read and submitted the following statement for the record: "My name is Emily Jackson Levitt and I speak today as a Public Health Nutritionist with a M.S. degree from Cornell's Community Nutrition Program. Because I have a passion for preventive medicine due to the cost savings and quality of life improvements it produces for households and nations, I am also near completion of my PhD in Cornell's program for International Nutrition. My interest in public nutrition was borne out of a year spent in rural South America where I witnessed many households going deeper into poverty when they could no longer afford soaring health care costs. Many of those costs were preventable if only they knew of good nutrition. That is what motivates me to be here today, because the economic crisis facing low income people is not so different in Tompkins County. "My perspectives are further based on experience working at the Bill and Melinda Gates Foundation in their Maternal and Child Health and Nutrition Office, UNICEF, and the UN Food and Agriculture Organization. During 2006-2007 I also worked closely with Afganistan's Ministry of Public Health to assist in the development of national public nutrition policies and programs. "It is great news to hear that Tompkins County has agreed to retain management of the WIC program within the Health Department rather than to transfer management to another organization. Given that nearly one of four families in our county meet the income eligibility cutoff for WIC and participate in this program, it is clear that there is a critical need for WIC in our County. One of the cornerstone features of food shortages is desperation resulting in social chaos. With the rising cost of living (food prices, gas prices, health care, low-income families are in a increasingly desperate situation and greater risk of cutting costs on food resulting in lower quality food and less nutritious diets. "UNICEF has stated that prevention of malnutrition is a state responsibility, whether in developed or developing countries. Good nutrition for women and children is a public asset, akin to roads, that safeguards a society and provides long-term investment benefits the whole population. Well-nourished women are at less risk of having adverse pregnancy outcomes and well-nourished children grow and develop better and perform better in school. Children that are healthier result in fewer sick days for both students and parents (days off work to care for children). Children who perform better in school are less likely to drop out and become delinquent. Better educated children become more economically active in their teens and adult years, growing the tax base. The WIC program gives each child in our County a greater opportunity to achieve his or her academic and economic potential. Private organizations have no profit motive to maintain top caliber services and no commitment beyond a contract to continue providing services. "For these reasons, I request that the County continue to retain the WIC program in the hands of the County Health Department because it will provide the best sustainability for the health and well-being of our County's most vulnerable mothers and children. Everyone deserves a chance at a better life". Privilege of the Floor by Legislators Ms. Robertson, District No. 13 Legislator, spoke to the many advocates who spoke to Legislators with regard to the WIC program and said while a solution seems to have found the resources to carry out the program, those who expressed support should pay attention to the rest of the budget cycle this year. She stated the Legislature will be faced with some really difficult choices and hopes advocacy for services won't stop just because one program was saved. Ms. Robertson announced a celebration will take place on June 1st for Tim Joseph to honor him for his many years of service to Tompkins County. She also reminded the public that voting is taking place today in school board elections. 130 May 20, 2008 Ms. Mackesey, District No. 1 Legislator, reported today she took a trip to Syracuse and there were several representatives from Tompkins County in attendance to talk with the head of the Department of Transportation. They discussed the future plan to create a hierarchy of roads in New York State and trying to come up with a solution to all of the garbage trucks traveling through the towns. Ms. Mackesey said there was good attendance from municipal representatives from across the State. She thinks the meeting went well and is hopeful a preliminary piece will be in place by June. Ms. Kiefer, District No. 11 Legislator, reported she attended a meeting today of the Ithaca - Tompkins County Transportation Council Policy Committee at which there was a motion to strongly support the process by which the Cornell Community Initiative on Transportation has been handled. Fernando de Aragon convened a meeting of relevant municipal representatives and there is a list of about two dozen projects to be addressed over a ten-year period. Ms. Kiefer said those in attendance were impressed with how quickly things have come together. The last remaining step to make this happen is for Cornell's top administration to sign -off on this and then the first monies should be available by July of this year. Mr. Randall, District No. 9 Legislator, reminded Groton residents that tomorrow is the assessment grievance day. It will take place between 3 p.m. and 6 p.m. at the Groton Town Hall. He also announced there will be a public meeting to talk about highway and bridge improvements tomorrow at the McLean Fire Station. Mr. Proto, District No. 7 Legislator, announced the grievance day in Danby is from 3-6 p.m. tomorrow as well. He reported on the receipt of a letter yesterday with regard to the POW/MIA flags. Mr. Proto clarified that these flags are not particular to the Vietnam War. The purpose of these flags is to bring awareness and recognition to all those missing in action. He provided the following statistics: there are 80,000 WWII veterans that are still missing; 8,000 Korean War Veterans still missing, 1,761 Vietnam Veterans that are either POW/MIA, 1 Gulf War individual remains missing, and 3 Iraq War individuals who are missing. Mr. Proto said as one of the persons who was instrumental in getting those flags put up on County buildings he would not support their removal. He clarified the flags are not a political statement; they are a humanitarian issue and our government continues to work on returning the remains of those discovered back to this country. He reminded everyone Memorial Day is May 26th Mr. Shinagawa, District No. 4 Legislator, said he was reading the Albany Times Union today and there was a story about the Property Tax Commission that is being led by Nassau County Executive, Thomas Suozzi. Although the report is not due out until June 3"d, Mr. Shinagawa highlighted subjects contained in the report. He said they will be talking about three areas/priorities, including a property tax cap, the Circuit Breaker concept (provides for a maximum individual tax based on income), and reducing State mandates and having the State absorb those mandates that have been pushed onto counties. Mr. Stevenson, District No. 8 Legislator, thanked the Assessment Department for being well prepared at the Newfield Assessment Review Board last evening. He said the Assessment Department prepared information in a very understandable manner, which he thinks is extremely important at this time of explaining the difference between annual and triennial assessment. Mr. Stevenson thanked Ms. Coggin and her staff for preparing the invaluable information. Report from Municipal Official No municipal was present to speak. Report from the Chair Mr. Koplinka-Loehr reported he has distributed confidential secure website information on the County Administrator search to all Legislators. He reminded Legislators that tomorrow is the Tompkins 131 May 20, 2008 Cortland Community College budget information session at the College. Lastly, he said last Fall there was discussion of payment of court attendants salaries and the County's livable wage policy as it relates to the County's mandated role in having these payments made through the County's payroll system. He said one court attendant earning less than a livable wage is up for reappointment and a decision has been made to continue to pay court attendants based on the State's pay scale. When the Commissioner of Personnel has to certify that all employees of Tompkins County receive livable wage, she will qualify that by stating all employees with the exception of the one employee who is the pass through for the State. Report from the Deputy County Administrator Ms. Younger hacl no report. Report from the County Attorney Mr. Wood had no report. Report from the Finance Director Mr. Squires reported he has filed the County's annual financial statement with the Clerk of the Legislature. It will be filed with the County's Audit Report that will be available in July. He also reported Tompkins County has been awarded $25,000 in funding from the Office of Real Property Tax Services to study the feasibility of a countywide database for tax collection. At the last meeting he expressed reservations over the State budget, and called attention to a new charge in that budget. The charge is for the use of the Office of General Services contracts. He said the State will now be charging one-half of a percent on purchases off of State contracts. Addition of Resolution(s) and Appointment(itto the Agenda It was MOVED by Mr. Proto, seconded by Mr. Hattery, and unanimously adopted by voice vote by members present, to add the appointment of Michael J. McLaughlin to the Board of Health to the agenda. Withdrawal of Resolution(s) from the Agenda Chair Koplinka-Loehr gave the appropriate committee chairs permission to withdraw the following resolution(s) from the agenda: - Recommendation to Discontinue Sponsorship of Women, Infants, and Children (WIC) Program - Appropriation from Contingent Fund for Society for the Prevention of Cruelty to Animals (SPCA) Approval of Resolution(s) Under the Consent Agenda It was MOVED by Mr. Randall, 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. 92 - BUDGET ADJUSTMENTS — OFFICE FOR THE AGING MOVED by Mr. Randall, 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 132 May 20, 2008 RESOLVED, on recommendation of the Health and Human Service 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) 6787.51000517 Salary $5,000 6787.52230 Computer Software 6778.41972 Changes — Program for Aging $ 85 6778-54414 Local Mileage 6778.41972 Changes — Program for Aging $9,915 6778-51000 Salary Explanation: County money freed up in Personal Emergency Response System (PERS) program by revenue increase in Heating and Energy Assistance Program (HEAP) permits purchase of computer software needed for PERS program. Revenue Increase in HEAP Program will free up County money in other accounts. SEQR ACTION: TYPE II -20 RESOLUTION NO. 93 - MAKING A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE IN RELATION TO RESOLUTION NO. 99 OF 2008 — AUTHORIZATION TO HOLD A CONSERVATION EASEMENT ON TAX PARCEL NO. 7.1-11.1 LOCATED ON BREED ROAD, TOWN OF LANSING MOVED by Mr. Randall, seconded by Mr. Proto, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, in Resolution No. 99 of 2008, the Tompkins County Legislature would authorize the County Administrator to execute any documents necessary for the County to hold, maintain, and enforce, in perpetuity, a conservation easement on tax parcel no. 7-1-11.1 in the Town of Lansing for purposes of stream buffer protection, 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 Governmental Operations Committee, That Resolution No. 99 of 2008 is an unlisted action, RESOLVED, further, That the County Legislature hereby makes a negative declaration of environmental significance in regard to Resolution No. 99 of 2008. SEQR ACTION: Unlisted (Negative Declaration and short Environmental Assessment form on file with the Clerk of the Legislature) RESOLUTION NO. 94 - MAKING A NEGATIVE DETERMINATION OF ENVIRONMENTAL SIGNIFICANCE IN RELATION TO RESOLUTION NO. 102 OF 2008 MOVED by Mr. Randall, seconded by Mr. Proto, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, in Resolution No. 102 of 2008 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 a portion of the Hanson property (Town of Danby tax parcel 1.-1-3) as part of the Lick Brook Corridor Initiative, 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. 102 of 2008 is an unlisted action, RESOLVED, further, That the Legislature hereby makes a negative determination of 133 May 20, 2008 environmental significance in regard to Resolution No. 102 of 2008. SEQR ACTION: Short Environmental Assessment Form on file with the Clerk of the Legislature RESOLUTION NO. 95 — SCHEDULING A PUBLIC HEARING FOR ADDITIONS TO AGRICULTURAL DISTRICT NO. 1 (EAST SIDE OF CAYUGA LAKE) MOVED by Mr. Randall, seconded by Mr. Proto, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, Resolution No. 25 of 2004 designated 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, Resolution No. 201 of 2007 revised the schedule of the annual review period so it begins February 1, and WHEREAS, one landowner has requested addition of parcels totaling 24.95 acres to Tompkins County Agricultural District 1 and no landowners have requested addition of parcels to 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 June 3, 2008, RESOLVED, further, That the Clerk of the Tompkins 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. 96 - AUTHORIZATION TO CONTINUE THE HOMEOWNERSHIP PROGRAM THROUGH USE OF PROGRAM INCOME FUNDS MOVED by Mr. Randall, seconded by Mr. Proto, and unanimously adopted by voice vote by members present 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, 2005, and 2007 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 for the home ownership program, 134 May 20, 2008 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 CD8695.42411 Program Income $600,000 Appropriation CD8695.54400 Program Expense $600,000 SEQR ACTION: TYPE II -20 RESOLUTION NO. 97 — AMENDMENT OF RESOLUTION NO. 78 OF 2008 — FUNDING OF TOURISM MARKETING AND ADVERTISING GRANTS MOVED by Mr. Randall, seconded by Mr. Proto, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, Resolution No. 78 of 2008 recommended grant funding in the amount of $3,250 each for the Finger Lakes GrassRoots Festival and the 2008 Grapehound Wine Tour, and WHEREAS, the dollar amounts stated in Resolution No. 78 were typographical errors, and the correct amounts should have been $3,000 for the Finger Lakes GrassRoots Festival, and $1,804 for the 2008 Grapehound Wine Tour, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That Resolution No. 78 is amended to reflect the following grant awards: Finger Lakes GrassRoots Festival 2008 Finger Lakes GrassRoots Festival $3,000 Cayuga Wine Trail 2008 Grapehound Wine Tour $1,804 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 Approval of Appointment(s) Under the Consent Agenda It was MOVED by Mr. Randall, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, to approve the following appointment(s) under the Consent Agenda: Mental Retardation/Development Disabilities Subcommittee Lisa Maurer — Community member representative; term expires December 31, 2010 Fire, Disaster, and EMS Advisory Board David G. Putnam — Town of Dryden representative; term expires December 31, 2010 Library Board of Trustees Christine Sanchirico - term expires December 31, 2010 Board of Health Michael J. McLaughlin, Jr. — City of Ithaca representative; term expires December 31, 2013 Report and Presentation of Resolution(s) from the Government Operations Committee Mr. Hattery, Chair, reported the Committee met on May 9th in addition to the items on the agenda, the Committee discussed Committee goals and Legislature salaries. Discussion of Legislature salaries was deferred to August. 135 May 20, 2008 RESOLUTION NO. 98 - DIRECTING TOMPKINS COUNTY DEPARTMENT OF ASSESSMENT TO VALUE REAL PROPERTY IN THE COUNTY IN ONE-YEAR INTERVALS — SUPERSEDES RESOLUTION NO. 271 OF 2006 MOVED by Mr. Hattery, seconded by Mr. Proto. Mr. Hattery said the Committee worked closely with the Assessment Department on this issue. He said if the County were to stay in a three-year cycle there would be a loss of over $300,000 during that three-year period based on actions at the State level. Mr. Hattery said that he has found that the three- year cycle has left a lot of people confused and this will help residents understand their full value. Statements were made by several Legislators who voted in support of triennial assessment that they did so based on information they had at that time. Many Legislators also expressed support of the good work done to educate the community by the Assessment Department and the Public Information Program. Legislators who voted against triennial assessment were pleased to see it return to an annual assessment process. A voice vote resulted as follows: Ayes — 12, Noes — 0, Excused — 3 (Legislators Burbank, Herrera, and Sigler). RESOLUTION ADOPTED. WHEREAS, by Resolution No. 270 of 2005, the Tompkins County Legislature adopted a local law providing that real property in the County shall be valued at a uniform percentage of fair market value and reviewed by the professional appraiser staff of the Department of Assessment at time periods determined by resolution of the County Legislature, and WHEREAS, by Resolution No. 271 of 2006, the County Legislature adopted a time period of three years, and WHEREAS, the County has lost and will continue to lose significant State funding if it does not value properties at one-year time intervals, and WHEREAS, annual, uniform, and full -value assessment is the most equitable, transparent, and easily understood form of assessment available to us, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That all property in the County of Tompkins shall be valued at a uniform percentage of fair market value and reviewed by the professional appraisers staff of the Department of Assessment at one-year time intervals, RESOLVED, further, That Resolution No. 271 of 2006 is no longer in effect and is superseded by this resolution. SEQR ACTION: TYPE II -20 RESOLUTION NO. 99 - AUTHORIZATION TO HOLD A CONSERVATION EASEMENT ON TAX PARCEL NO. 7-1-11.1 LOCATED ON BREED ROAD, TOWN OF LANSING MOVED by Mr. Hattery, seconded by Ms. Kiefer. Mr. Proto said the Planning, Development, and Environmental Quality Committee was made aware that the Finger Lakes Land Trust has two accounts with holdings approaching $1 million. He asked that in the future when there is County tax money going into the purchase of property that a second look be taken because he thinks organizations with those kinds of funds can afford to purchase property without the County's assistance. Ms. Kiefer said the Land Trust generally doesn't deal with a parcel this small and the very low cost to the County is just for an annual monitoring expense by a staff person. A voice vote resulted as follows: Ayes — 12, Noes — 0, Excused — 3 (Legislators Burbank, Herrera, and Sigler). RESOLUTION ADOPTED. 136 May 20, 2008 WHEREAS, in 2007, the Tompkins County Planning Department was awarded grant funds through the New York State Department of Environmental Conservation's Water Quality Improvement Projects to develop stream buffer protection measures, and WHEREAS, in 2007, the Government Operations Committee determined that Town of Lansing Tax Parcel No. 7-1-11.1, a 7.7 acre (3.08 hectares) parcel located on Breed Road in the Town of Lansing and bisected by Locke Creek, should be withheld from the 2007 auction to evaluate the natural features on this parcel, including a 17.4 acre (6.96 hectares) National Wetlands Inventory wetland of which 3 acres (1.2 hectares) is located on the parcel, and how they may fit into a broader stream buffer protection program in the County, and WHEREAS, the County Planning Department, after thorough consideration of the various aspects of the property and analysis of available data, has determined that protection of the portion of this parcel that buffers the stream will enhance water quality and conserve important riparian functions that are in the best interest of the public, and WHEREAS, a conservation area and a development area have been surveyed on the parcel and a conservation easement has been developed, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the County Administrator is authorized to execute any necessary documents for the County to hold, maintain, and enforce, in perpetuity, a conservation easement on Town of Lansing Tax Parcel No. 7-1-11.1, RESOLVED, further, That said tax parcel will be offered for sale, encumbered by a conservation easement, in the 2008 auction of foreclosed properties, RESOLVED, further, That proceeds of the foreclosure auction of this parcel in excess of payment of local taxes, will be used to reimburse fees associated with the development of this protection measure including survey costs initially paid for using Water Quality Improvement Project Grant funds if there are net proceeds from the auction, RESOLVED, further, That maintain and enforce means the County will monitor the conservation easement on an annual basis and will follow the procedural enforcement as defined in the easement. SEQR ACTION: Unlisted (Negative Declaration and short Environmental Assessment form on file with the Clerk of the Legislature) RESOLUTION NO. 100 - AUTHORIZING AGREEMENT FOR LEGAL COUNSEL FOR HEALTH BENEFITS CONSORTIUM MOVED by Mr. Hattery, seconded by Ms. Robertson. At the request of Mr. Proto, it was agreed that the rate per hour would be added by the Clerk to the resolution. A voice vote resulted as follows: Ayes — 12, Noes — 0, Excused — 3 (Legislators Burbank, Herrera, and Sigler). RESOLUTION ADOPTED. 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 Health Benefits Consortium for the employees of all municipalities within Tompkins County, and WHEREAS, once the Health Benefits Plan is designed, each participating municipality will be expected to sign an intermunicipal health -benefits consortium agreement that defines the consortium structure, and WHEREAS, the legal matters concerning an inter -municipal health benefits consortium are complex and require expert counsel experienced with health care, municipal, and consortium laws, and WHEREAS, it makes sense to have a single expert law firm to represent the interests of the future consortium, now therefore be it RESOLVED, on recommendation of the Tompkins County Council of Governments (TCCOG) and the Government Operations Committee, That the County enter into an agreement with Hancock & 137 May 20, 2008 Estabrook of Syracuse, New York, to provide legal representation to TCCOG' s future health -benefits consortium, at a rate not to exceed the current rate of $220 per hour, and RESOLVED, further, That the funds to pay for legal representation be paid from the SMSI Grant. SEQR ACTION: TYPE II -20 RESOLUTION NO. 101 - ADOPTION OF LOCAL LAW NO. 1 OF 2008 - - A LOCAL LAW AMENDING CHAPTER 32, BY ADDING A NEW SECTION 32-3(i), OF THE TOMPKINS COUNTY CODE — CODE OF ETHICS MOVED by Mr. Hattery, seconded by Ms. Kiefer, and unanimously adopted by voice vote by members present. WHEREAS, a public hearing was held before the Tompkins County Legislature on May 20, 2008, to hear all persons interested in proposed Local Law No. 1 of 2008 - A Local Law Amending Chapter 32, Section 32-3(i), of the Tompkins County Code - Code of Ethics, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That proposed Local Law No. 1 of 2008 - A Local Law Amending Chapter 32, by Adding a New Section 32-3(i), of the Tompkins County Code - Code of Ethics, is hereby adopted, RESOLVED, further, That the Clerk of the Legislature shall publish in the official newspaper of the County a notice of adoption containing a synopsis of said local law and shall within twenty days file one certified copy in the Office of the County Clerk, and one copy with the Secretary of State. SEQR ACTION: TYPE II -20 Report and Presentation of Resolution(s) from the Planning, Development, and Environmental Quality Committee Ms. Robertson, Chair, reported the Committee met on May 8th and discussed the transportation initiative in cooperation with Cornell. There was also discussion of the housing initiative and the housing trust and affordability fund; she expects the Committee will be voting informally on that program next month. RESOLUTION NO. 102 - APPROPRIATING FUNDS FROM THE CAPITAL RESERVE FUND FOR NATURAL, SCENIC, AND RECREATIONAL RESOURCE PROTECTION FOR A PORTION OF THE HANSON PROPERTY IN THE LICK BROOK CORRIDOR INITIATIVE MOVED by Ms. Robertson, seconded by Ms. Mackesey. Mr. Proto referred to the 5th Whereas and said Mr. Marx assured the Committee that this was the last piece that the County would financially participate in with regard to Lick Brook. He also reiterated comments made during a previous resolution that the Planning, Development, and Environmental Quality Committee was made aware that the Finger Lakes Land Trust has two accounts with holdings approaching $1 million. He asked that in the future when there is County tax money going into the purchase of property that a second look be taken because he thinks organizations with those kinds of funds can afford to purchase property without the County's assistance. A voice vote resulted as follows: Ayes — 12, Noes — 0, Excused — 3 (Legislators Burbank, Herrera, and Sigler). RESOLUTION ADOPTED. WHEREAS, the Tompkins County Legislature established the Capital Reserve Fund for Natural, Scenic, and Recreational Resource Protection by Resolution No. 217 of 2005, and 138 May 20, 2008 WHEREAS, the current balance in the Capital Reserve Fund is $56,323, 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; and • 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 a portion of the Hanson property (tax parcel 1.-1-3) in the Lick Brook Corridor Initiative and providing public access to the tract, and WHEREAS, the Finger Lakes Land Trust has agreed to purchase the Hanson property for $40,620, which is fair market value, and WHEREAS, the Hanson property • is identified as a Priority Protection Area in the Tompkins County Conservation Plan (Part 1, 2007); • is adjacent to, and protects scenic views from the Finger Lakes Trail; • borders protected land; • protects a portion of the buffer along Lick Brook; and • provides wildlife habitat and enhances outdoor recreation opportunities in close proximity to Ithaca, and WHEREAS, the Commissioner of Planning and Public Works and the Planning Advisory Board have recommended that the County Legislature authorize funding of the Hanson property acquisition from the Capital Reserve Fund, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality and the Budget and Capital Committees, That a total of ten thousand dollars ($10,000) in funding from the Capital Reserve Fund for Natural, Scenic, and Recreational Resource Protection be appropriated for the purpose of securing the Hanson property in collaboration with the Finger Lakes Land Trust and others, and of providing public access to the tract, RESOLVED, further, That the County Administrator or his designee be authorized to execute any contracts or agreements related to this project. SEQR ACTION: Unlisted (Short Environmental Assessment Form on file with the Clerk of the Legislature) RESOLUTION NO. 103 — DELEGATING APPROVAL AUTHORITY FOR CERTAIN TOURISM PROGRAM CONTRACTS (Resolution Lost; Reconsidered June 3, 2008 and Lost) MOVED by Ms. Robertson, seconded by Ms. Chock. Mr. Proto was assured by Ms. Robertson that the Chamber of Commerce and Convention and Visitors' Bureau contracts are not part of this resolution. Ms. Robertson said this resolution deals specifically with grant applications submitted by community groups. Ms. Chock said she is in favor of this resolution for several reasons. The County is fortunate to have the extensive participation of a large and active panel of people on these grant committees. It is a 139 May 20, 2008 time-consuming and thoughtful process that grant reviewers must engage in while responding to very specific guidelines for each of the separate programs. Ms. Chock also said she is confident that the process that has been designed by the STPB (Strategic Tourism Planning Board) in creating each of these grants programs and guidelines is thoughtful, detailed, clear, and equitable to those who are applying and that there is also a process of evaluation of oversight and review in place that is very good. The process now calls for three layers — review by the STPB, the PDEQ (Planning, Development, and Environmental Quality) Committee, and then to the full Legislature. Ms. Chock said unless there is a very good reason she thinks the work of those who have put in so much time review the grants should be upheld. She would like to see the PDEQ Committee and the full Legislature take a similar amount of time to examine policy, trends, and impacts of the programs themselves. It was MOVED by Ms. Kiefer, seconded by Mr. Dennis, to amend the second Resolved as follows: "RESOLVED, further, That any contracts and grants from the Program's Tourism Capital line item must have both program committee and Legislature approval, and grants from the Community Celebrations line must have full Legislature approval ". Ms. Mackesey said the intention of the original resolution was to streamline the process in order to have only capital lines go through the program committee and full Legislature. Ms. Kiefer understood the purpose of this and while she sympathizes with the amount of time taken on these grants she thinks community celebrations are different in nature from all of the others and would like to see them approved as they were previously. Ms. Robertson spoke of the length of time it takes for organizations to receive the funds because of the length of time added to the process by program committee and full Legislature review. She said she would like to see the committee step back and be proactive with the entire tourism program, including examining policy and trends as suggested by Ms. Chock. Ms. Kiefer, in response, suggested eliminating only the program committee process and having celebrations grants come directly to the Legislature. A voice vote on the amendment resulted as follows: Ayes — 5 (Legislators Hattery, Kiefer, Koplinka-Loehr, Proto, and Randall); Noes — 7 (Legislators Chock, Dennis, Mackesey, McBean- Clairborne, Robertson, Shinagawa, and Stevenson); Excused — 3 (Legislators Burbank, Herrera, and Sigler). MOTION FAILED. Ms. Kiefer said she recalled every grant voted upon at the previous Legislature meeting was less than $15,000. It was MOVED by Ms. Kiefer, seconded by Mr. Proto, to amend $30,000 to $15,000 in the first and third Resolved. Ms. Chock said she spoke with Jackie Kippola, staff for the STPB, who stated anything below $25,000 divide grant programs into two groups — one that would need to be decided upon by the Legislature and those that would not be. Ms. Kippola communicated to Ms. Chock that this would present administrative problems. It was MOVED by Ms. Chock, seconded by Ms. Mackesey to amend the amendment to change $30,000 to more than $25,000. Mr. Stevenson said he will not support any of the amendments because he thinks there needs to be a further review of this resolution by the Committee. Mr. Koplinka-Loehr said he thinks it is the County's responsibility to have fiscal oversight and would like to keep that at the Legislative level. He also stated in the event this program eventually moves to another agency for administration the County would lose oversight. For these reasons he said he cannot support the resolution or amendments. 140 May 20, 2008 A voice vote on the amendment to the amendment resulted as follows: Ayes — 3 (Legislators Kiefer, Mackesey, and Robertson); Noes — 9; Excused — 3 (Legislators Burbank, Herrera, and Sigler). AMENDMENT TO THE AMENDMENT FAILED. A voice vote on the original amendment resulted as follows: Ayes — 2 (Legislators Kiefer and Proto); Noes — 10; Excused — 3 (Legislators Burbank, Herrera, and Sigler). AMENDMENT FAILED. Mr. Hattery said while he understands what spending authority would be delegated, he needs to have a better sense of what the role of the Legislature will be and what information will be presented. He also suggested that staffing and support should be considered as a phased -in process rather than done all at once, since this is a large amount of money. Mr. Proto asked M r. Koplinka-Loehr to what other agency this might go; Mr. Koplinka-Loehr said maybe to TCAD (Tompkins County Area Development). Ms. Robertson spoke of the tremendous amount of time spent by the Committee reviewing grant requests. She said there is a review by the program committee and the Legislature of the full budget and does not see this action as abdicating responsibility of tourism monies. Ms. Mackesey said she was not aware that there was a plan to turn this over to Tompkins County Area Development and said she would not support that. Mr. Koplinka-Loehr acknowledged that he may have shared incorrect information earlier in the discussion and that has led to some confusion. Ms. Chock said there has been no discussion of moving any of this program to TCAD. Ms. Robertson said this came up in general conversation in a discussion she had with Jean McPheeters, Chamber of Commerce President. She said there has been no formal plans discussed or developed. Mr. Proto said given the comments made this evening he does not believe it is ready for consideration by the Legislature and asked for direction from the Chair. Mr. Koplinka-Loehr advised Mr. Proto to make a motion if he would like to table the resolution. It was MOVED by Mr. Proto, seconded by Mr. Shinagawa, to Postpone action on this resolution to the second Legislature meeting in June to allow for an opportunity to have questions answered. A voice vote on the motion to Postpone resulted as follows: Ayes — 7 (Legislators Chock, Dennis, Kiefer, McBean-Clairborne, Proto, Shinagawa, and Stevenson); Noes — 5 (Legislators Hattery, Koplinka-Loehr Mackesey, Randall, and Robertson); Excused — 3 (Legislators Burbank, Herrera, and Sigler). MOTION FAILED. A voice vote on the original resolution resulted as follows: Ayes — 5 (Legislators Chock, Dennis, Shinagawa, Robertson, and Stevenson); Noes — 7 (Legislators Hattery, Kiefer, Koplinka-Loehr, Mackesey, Proto, McBean-Clairborne, and Randall); Excused — 3 (Legislators Burbank, Herrera, and Sigler). RESOLUTION FAILED. WHEREAS, Resolution No. 103 of 1996 adopted a comprehensive rewrite of the administrative policy 01-10, which delegated specific approval authority of contracts by the Legislature, and WHEREAS, this policy outlined authority to the Legislature to approve all Tourism Program contracts as follows: "Program committee recommends, full Legislature approves unless it delegates approval authority by specific resolution", and WHEREAS, in 1996, there were approximately ten Tourism Program contracts per year, and the program has since grown to include an elaborate multi-level grants process to review and award approximately seventy-five contracts per year, which is attributable to the growing success of the entire Tourism Program, and WHEREAS, the Legislature appoints eighteen voting members to the Strategic Tourism Planning Board (STPB) for the purpose of reviewing grants and making recommendations to the Legislature, and 141 May 20, 2008 WHEREAS, a support position for the STPB is provided within County Administration to provide guidance, oversight, daily support, and grant review, and WHEREAS, the STPB has created guidelines, application, and evaluation processes for each of its specific grants programs, and it has appointed working committees of 5 — 6 people to provide detailed review of extensive application materials within each of those grants programs, and WHEREAS, the support staff reads every grant, calls the applicants when pieces are missing, and then mails the full applications to STPB working committee members, who then read the applications, review the detailed grant guidelines, meet as a committee to weigh each application's merits and prioritize them, and WHEREAS, the working committee's recommendations then go to the full STPB, a 24 -person board, with 18 voting members, which votes on the recommendations, and WHEREAS, in the last seven years of the Tourism Grants Program, hundreds of grants have been awarded, but the Legislature has altered the recommendations of the STPB in only two or three cases, and WHEREAS, in an effort to streamline the grants process and relieve program committee review time, it is recommended by the Planning, Development, and Environmental Quality Committee that the Legislature delegate a specific amount of authority to approve certain grant approvals, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the following authority is delegated to STPB and County Administration: All single - year contracts and grants less than $30,000 may be awarded by the STPB and County Administration, RESOLVED, further, That any contracts and grants from the Program's Tourism Capital line item must have both program committee and Legislature approval, RESOLVED, further, That as any contracts and grants from the Program of $30,000 or more will be approved by the program committee and Legislature, RESOLVED, further, That County Administration will provide to the Legislature written quarterly updates to all Tourism Program activities, including grants awards. SEQR ACTION: TYPE II -15 RESOLUTION NO. 104 — APPROPRIATION FROM CONTINGENT FUND -- INTERNATIONAL COUNCIL ON LOCAL ENVIRONMENTAL INITIATIVES (ICLEI) MEMBERSHIP MOVED by Ms. Robertson, seconded by Ms. Mackesey, and unanimously adopted by voice vote by members present. Mr. Hattery requested that the towns and villages be notified of this in writing. Ms. Robertson said Debbie Teeter of Cooperative Extension would be doing that. WHEREAS, in 2001 Tompkins County joined the Cities/Counties for Climate Protection (CCP) project of the International Council on Local Environmental Initiatives (ICLEI) a program for municipal governments to identify sources of greenhouse gas emissions (GHG) within their jurisdictions and take actions to reduce such emissions, and WHEREAS, Tompkins County completed an inventory of the GHG emissions from County government operations in 2001 and a Local Action Plan to Reduce GHG Emissions from County Government Operations in 2003, and WHEREAS, the Tompkins County's Local Action Plan to Reduce GHG Emissions for County Government Operations established a 2008 goal of reducing by twenty percent the amount of GHG emissions from the operation of County government compared to its 1998 baseline, and WHEREAS, Tompkins County completed an update to its GHG emission inventory in Summer 2007 to assess how County government is progressing toward its reduction goal using the ICLEI software and technical assistance, which expresses all GHG emissions containing CO2 equivalents (eCO2), and WHEREAS, Tompkins County is currently developing a new Energy and Greenhouse Gas Emissions Element to the County Comprehensive Plan that will incorporate the findings from the carbon emissions inventory, and WHEREAS, membership in ICLEI will provide resources to assist Tompkins County in its GHG 142 May 20, 2008 emissions reduction efforts and continue Tompkins County's commitment to this effort, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee and the Budget and Capital Committee, That Tompkins County renew its membership with 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 $800 To: Dues & Memberships 1920.54400 $800 SEQR ACTION: TYPE II -18 Report and Presentation of Resolution(s) from the Facilities and Infrastructure Committee Mrs. McBean-Clairborne, Chair, reported the Committee met on April 17 and reported everyone received information about rescinding of federal highway funds for various ongoing projects. She said there are still attempts being made to restore those funds so that the projects can be finished. Mr. Marx informed the Committee that the County is not fully satisfied with the snow and ice contract with the reimbursement rate from the State of New York. A request has been made to the State that the County be fully reimbursed for expenses or the contract may be terminated. RESOLUTION NO. 105 — AUTHORIZATION TO SUBMIT CERTIFICATE OF NEED APPLICATION FOR 55 BROWN ROAD — HEALTH DEPARTMENT MOVED by Mrs. McBean-Clairborne, seconded by Mr. Randall, and unanimously adopted by voice vote by members present. WHEREAS, the Tompkins County Health Department currently operates an Article 36 facility (certified home health agency) and an Article 28 facility (diagnostic and treatment center), and WHEREAS, New York State Department of Health regulations require the submission of a Certificate of Need application for review and approval prior to construction, now therefore be it RESOLVED, on recommendation of the Health and Human Services and Facilities and Infrastructure Committees, That the Health Department is authorized to submit a certificate of need application for approval from the New York State Department of Health for the construction and renovations at 55 Brown Road, Ithaca, New York. SEQR ACTION: TYPE II -20 Report from the Workforce Diversity and Inclusion Committee Mrs. McBean-Clairborne, Chair, reported the Committee will meet next week. She thanked the public for voting at school board elections and said a lot of the discussions at school board forums centered around the issues of equity, inclusion, and diversity. Mrs. McBean-Clairborne thanked emergency responders and the number of people who came out yesterday at the very tragic fire in her West Clinton Street neighborhood that ended in the loss of a life. She extended her condolences to the family of the young lady who lost her life and thanked the community for being inclusive and supportive of one another during this difficult time. Individual Member -Filed Resolution 143 May 20, 2008 RESOLUTION NO. 106 — RECOMMENDATION TO CONTINUE SPONSORSHIP OF THE WOMEN, INFANTS, AND CHILDREN (WIC) PROGRAM (Resolution Tabled) MOVED by Mr. Randall, seconded by Mrs. McBean-Clairborne. Mr. Shinagawa said he will make a motion at the appropriate time to table this resolution. He said the Legislature heard some good news this evening but nothing has been received in writing and thinks it would be abrupt to adopt this resolution at this time. He also does not believe the Legislature should be making a decision this evening about next year's budget. Mr. Proto said he spoke with the Director of Public Health yesterday and they are awaiting information from the State to provide written clarification of what has been stated verbally. Mr. Proto clarified that Tompkins County was not the only county to receive an extension and that this was a Statewide decision and all of the issues that were a concern before would likely continue to be an issue. He also said the design of the new Health Department building has already been set up to accommodate this program if it continues to exist while the County occupies the building. Ms. Chock said regardless of what happens with this resolution now or in the future, that nothing she has seen has indicated anything other than total pleasure with this program, the current directorship of the program, and the service it provides to the residents of this community. Mr. Stevenson commended Mr. Randall for filing this resolution. He said he hasn't heard anything negative about the WIC program. He has a lot of questions with the wording of this resolution and while he thinks the program will be around for some time he does not support the language contained in the resolution. Mr. Randall said this is going to come back and the employees still have to rest with an unknown as they have over the last several weeks. He agrees that some of the wording needs to be reviewed but finds the amazing part of this to be why he got into politics and public service. The effects of this program on the residents of Groton are enormous, and doesn't disagree that another human service agency couldn't pick this up but believes this belongs in the Health Department. Mr. Randall said his strength is compassion and having been there and experienced similar circumstances to those who have utilized this program. He said sometimes it isn't about the numbers, its about those who are underrepresented. He spoke of his personal experiences and said there were weeks that his entire family was fed by what WIC provided them. Mr. Shinagawa thanked Mr. Randall for his open and forthright words. He also thanked the Health and Human Services and Budget and Capital Committees, Health Department, and WIC staff for their work on this difficult issue. It was MOVED by Mr. Shinagawa, seconded by Mr. Dennis, to Table the resolution. A voice vote on the motion to Table resulted as follows: Ayes — 10; Noes — 2 (Legislators Koplinka-Loehr and Mackesey); Excused — 3 (Legislators Burbank, Herrera, and Sigler). MOTION TO TABLE CARRIED. WHEREAS, the Tompkins County Women, Infants, and Children (WIC) Program has been sponsored by the Tompkins County Health Department (TCHD) since 1980, and WHEREAS, the WIC Program serves a yearly average of 1,500 low-income and post -partum women and their children under the age of five with much needed nutritious foods, education, and referrals to community health services, and WHEREAS, WIC is currently co -located with the Tompkins County Health Department's Medicaid Obstetrical and Maternal Services (MOMS) Program under the oversight of the Division for Community Health (DCH) of TCHD where it obtains 300-500 participants annually from their referrals, and 144 May 20, 2008 WHEREAS, the current WIC contract expires on September 30, 2008, and the loss of sponsorship by TCHD would most likely result in the loss of clients, quality of program delivery, and the daily collaborations with other programs within TCHD, now therefore be it RESOLVED, That the Health Department reapply for the sponsorship of the WIC Program from the New York State Department of Health and continue oversight of the Program. SEQR ACTION: TYPE II -20 Report from the Health and Human Services Committee Mr. Proto, Chair, reported the Committee met on May 7th and discussed the WIC Program at length. The Committee received an update on the co -location with Lifelong and the Office for the Aging; the Memorandum of Understanding should be made available soon. Mr. Proto announced that Sylvia Allinger and Robert DeLuca's presentation on autism was postponed but should be coming to the Committee in June. Mr. Proto also reported the Lakeside situation is positively moving forward; although it is not over, they are advertising to fill vacant positions. The next meeting will be June 4. Report from the Human Resources Committee Mr. Dennis, Chair, reported the Committee has not met since the last Legislature meeting. The next meeting will be June 5th. Mr. Dennis requested an executive session to discuss Tompkins Cortland Community College salary negotiations. Report from the Budget and Capital Committee Mr. Shinagawa, Chair, reported the Committee met on May 12th. There was discussion of the WIC Program and the possibility of creating a position -review committee that would review vacant positions. There was also discussion of the creation of a citizens review panel to relate directly to the budget. This panel would strategize directions and where to go in terms of looking at reductions in spending. He asked that all Legislators provide him with names for potential membership. A special committee meeting will be held on May 29th. At this meeting they will be looking at strategic directions in which the Legislature could reduce spending. All Legislators and department heads are invited to attend. Report from the Public Safety Committee Mr. Stevenson, Chair, reported the Committee met on May 16th. Sheriff Meskill introduced Rick Tubbs, Undersheriff; and Derek Osborne, Senior Investigator, who have recently been promoted within the Department. Ms. Martel -Moore presented the Committee with an executive summary of information relating to public -access defibrillation. Lee Shurtleff, Director of Emergency Response, attended the meeting with Tom Parsons, Deputy Chief of the City of Ithaca fire Department. Mr. Shurtleff and Mr. Parsons discussed alarm system upgrades and explained how the Department of Emergency Response currently receives alarms. The City's fee structure for alarms was explained to the Committee in addition to benefits that would exist if the City and County were to act in a coordinated manner. Mr. Stevenson said the Committee expressed interest in the concept and directed Mr. Shurtleff to further refine these concepts. Mr. Stevenson reported yesterday he attended the Criminal Justice Date Sharing Technical Assistance Workshop. He found it very enlightening and thanked Administration staff and Greg Potter, Information and Technology Director, for putting this together. It was very well attended by police agencies, the District Attorney's Office, and representatives of various courts at the local, County, and State levels. 145 May 20, 2008 Approval of Minutes It was MOVED by Mr. Proto, seconded by Mr. Randall, and unanimously adopted by voice vote by members present, to approve the minutes of May 6, 2008, as corrected. MINUTES APPROVED. Recess Chair Koplinka-Loehr declared recess from 7:45 p.m. to 7:47 p.m. Executive Session It was MOVED by Mr. Dennis, seconded by Mr. Randall, and unanimously adopted by voice vote by members present, to enter into executive session at 7:47 p.m. to discuss TC3 negotiations. The meeting returned to open session at 8:12 p.m. Adjournment On motion the meeting adjourned at 8:12 p.m. 146 June 3, 2008 Regular Meeting Public Hearing — Adding Parcels to Agricultural District No. 1 (East Side of Cayuga Lake) Mr. Koplinka-Loehr called the public hearing to order at 5:33 p.m. concerning adding parcels to Agricultural District No. 1 (East Side of Cayuga Lake), and asked if anyone wished to speak. Ken Miller spoke concerning the addition of a parcel of land to Agricultural District No. 1 in Dryden. It is his understanding that a motion will be made to withdraw the resolution from the agenda; he supports this action and said he will be working with the Village of Dryden on this. Mr. Miller circulated pictures of the property. He said it has been claimed that the land has not been good agriculture land because it is wet most of the time. He said although there are wet spots on the land, the pictures show crops of corn that he said has grown well. Mr. Miller said the area in question is good agriculture land and was in an agriculture district previously. However, when the Village was looking to do low- income/senior housing it was taken out, however, that never happened. Mr. Miller said the land needs to be saved and looked after and he is willing to work with the Village. Mr. Shinagawa arrived at this time. Michael Lane, Village of Dryden, said there is a reason that the County is the one that determines the parcels that are in an agriculture district. It is because land -use planning is done by the lower level municipalities, except in unusual circumstances such as the Agriculture District Law. In the Law, the County, through the recommendation of the Agricultural and Farmland Protection Board, can look to protecting viable agricultural land and open space (in compliance with the County's Comprehensive Plan) by being a larger municipality to look at the issue. Most of the municipalities that have land -use planning guard that and want to be able to say what happens relative to zoning, building, and planning in its own municipality. He said he doesn't blame the Village of Dryden for saying it doesn't want this land in the agricultural district because they want to be able to supervise the land use of those properties. Mr. Lane said in this situation there is an advisory board to the County that is set up, staffed, and populated with people who have knowledge of the areas they deal with. They have made a recommendation and asked that the Legislature not go against the recommendation to add these properties to the agricultural district. He also said this would go along with the County's Comprehensive Plan and does not pose any harm to the Village of Dryden. Michael Hattery entered a letter to the Legislature from the Reba Taylor, Village of Dryden Mayor, into the record regarding Parcels in the Village of Dryden requesting to be in the Agricultural District - 502401-#8.-1-14.1 (10.26 acre), 502410-#8.-1-14.2 (14.6 acre). "Dear Board Members: "At the Dryden Village Board of Trustees' meeting held on Thursday, March 20th, 2008, Mrs. Debbie Teeter addressed the Board regarding the above cited land parcels requesting to be re -instated to the County's Agricultural District. During a lengthy discussion at that time and again at a more recent Board meeting, the Board raised several issues regarding their objections to this proposal. The concerns and objections of this Board are also shared by the Village's Planning Board. "The proposal appears to be in direct conflict with several Village local laws and the Village's Comprehensive Plan. A great deal of time and effort by numerous Village representatives, residents, business owners and outside consultants was spent in developing the Village's Comprehensive Plan, the adoption of which followed several public hearings. None of the public input included recommendations that the property in question be re -instated in the Agricultural District. 147 June 3, 2008 "Current Village local laws provide for prohibitions and restrictions as to the keeping of any farm animals within the Village limits. Also, current Village laws restrict the placement of R.V. campers and mobile homes within the Village limits. These locally adopted land use restrictions may be in conflict with Ag District provisions. "It is our understanding that if this area were to be re -instated to the County Agricultural District, this property could be sub -divided, sold and used for small "hobby" farm operations and related construction. We further understand that the property would no longer be subject to the Village's local land use provisions if it is determined that our local laws unreasonably restrict the farm's operation. This possibility has raised significant concerns, especially in light of the fact that a large portion of this land is historically very wet and not particularly susceptible to agricultural uses other than the raising of poultry, goats, sheep and other farm animals that would otherwise be prohibited under our local restrictions. "It was also noted during our Board discussions that (i) current Village laws in no way restrict the current agricultural use of the land and (ii) the land currently is receiving agricultural tax benefits. If the only reason for the re -instatement of these parcels to Ag District designation is the availability of tax benefits, it appears that such action is not necessary. If there is some fear that the Village may change its zoning laws for these parcels, we are quite sure that the County Legislature recognizes that any such action would be subject to public notice, public hearing, environmental review and the likely referral to the County Planning Department for its review and findings as to whether it would have negative inter - community or county -wide effect. "Many of the foregoing concerns and issues were raised by the Village last year and apparently influenced the County's decision not to include this property as part of the Agriculture District. We are most hopeful that our local voice will be heard again and that the County will not act in contravention to our expressed position. "Thank you for your attention and consideration with respect to this matter. If you would like to speak with me or if you need further clarification of any of our concerns, please feel free to contact me at 844-8122." No one else wished to speak and the public hearing was closed at 5:45 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 (Legislator Shinagawa arrived at 5:38 p.m.). Privilege of the Floor by the Public Stuart Stein, Chair of the STPB (Strategic Tourism Planning Board), spoke to Resolution No. 103 of 2008. Mr. Stein said the Legislature should be aware the STPB is neutral on this issue and will abide by whatever the Legislature decides without any impact on its work. The tourism program has grown to be very successful and the STPB is very proud of it. As a result of its work there has been more jobs, and increase in room and sales taxes, and there has also been an improvement in the quality of life in Tompkins County. As a result of the increased activities there are many more grant applications that have come forward that work their way through the process. He said review of the applications takes a substantial amount of time and this does push away time from a number of decisions that the STPB could be addressing. He said the applicants often come in late to apply and are in need of having the funds made available in a timely manner. The current process takes an average of four to six weeks to go through after the STBP's review and it would be a benefit to cut that time period. Although he supports 148 June 3, 2008 the proposal that will be considered this evening, he would be happy to continue with the process that is currently in place. Allen Lambert, City of Ithaca, read and submitted the following statement: "I rise for the third time in two years to call for action by the Tompkins County Legislature regarding policy, principles, procedures, and oversight of the County Assessment Department. I do so with strong evidence that assessments are arbitrary and capricious and often seriously flawed and grossly unfair. In addition, the Department does not do what it is supposed to do in regard to communicating with citizens who write letters and request hearings. Finally, it is not equipped to provide rationally defensible and fair assessments on an annual basis. "I will comment in reverse order. "True value assessments require occasional inspection of property, including interior. An interior inspection could make a great deal of difference in comparing properties that might otherwise look similar on the outside but vary substantially inside. Neither my home nor my apartment building has ever been inspected. Even at three-year interval, assessments cannot be done adequately with the given staff of the Department. "I provide copies of my letters to the Assessment Department written this year in February and May. As you will note, my February letter requested a hearing. It was hand delivered and I specifically asked the Clerk whether there was a form to fill out; she replied no. I did not receive a reply. I got a hearing only by going down on the last day and personally requesting one. At that time I pointed out that I had written in February and asked but I received to reply. The answer? "We don't know, but we will look into it." I have written four years in a row without a reply. This is unacceptable conduct of public office towards citizens. "About flawed assessments, there is more detail in the letters I provide to you. And additional documentation of claims and evidence are available. But here are some relevant facts to demonstrate the problem: "My 4 -unit apartment building on the Northeast corner of Court and Geneva Streets has repeatedly been jacked up in assessments way beyond any rational measure, including market and revenue. In addition, its assessments are way out of line compared to two similar apartment buildings on my block. "A couple of years ago the assessment went from $190,000 to $250,000 in one jump, then last year to $262,000 — despite income and market evidence to the contrary. Both market and revenue would justify something around $200,000. "Two apartments on my block put on the market over the past two years prove the market situation. In addition, an apartment near my home in Fall Creek and a real purchase offer I received in writing confirm that conclusion. "Those same two apartments prove how flawed and arbitrary and capricious is my assessment since they were assessed last year far lower, at $170,000 and $200,000. The one with the lowest assessment is the largest of the three and highest income (about $6,000 more than mine). "Please exercise your oversight duty and fix this problem". Fay Gougakis, City of Ithaca, distributed copies of her recent guest column in the Ithaca Journal and a response from the Library Director, with regard to cell phone use in the Library. Ms. Gougakis 149 June 3, 2008 said she met with Ms. Steiner yesterday; however, they remain in disagreement on this issue. She said she thinks there are too many distractions in the Library and thinks cell phones should be banned. She spoke of etiquette and said young people are using the cell phones with a disregard for the public. Ms. Gougakis asked the Legislature to bring this up with the Library when its budget is presented. Privilege of the Floor by Legislators Ms. Herrera, District No. No. 5 Legislator, thanked her colleagues for the vote at the last meeting to bring back the cycle of annual assessments. She announced on behalf of Carol Kammen, County Historian, there will be a discussion of the Civil War commemoration in Tompkins County on June 18th at 4 p.m. at the History Center for anyone who is interested. Mr. Randall, District No. 9 Legislator, thanked the McLean community for attending a meeting to discuss highways and bridges a couple of weeks ago. He said the meeting was very well -attended and a lot of questions were answered. Ms. Robertson, District No. 13 Legislator, announced a public meeting will be held on June 5th at 7 p.m. at the Library for the purpose of getting input on proposed new Energy and Greenhouse Gas Emissions element for the Tompkins County Comprehensive Plan. A lot of work has been done by the focus groups and staff is working intensely on preparing a proposal to be added to the Comprehensive Plan on guiding the County and taking initiatives to reduce our carbon footprint in Tompkins County. Ms. Chock, District No. 3 Legislator, said she was invited by the Office for the Aging Board to meet with the architects who are doing the initial program planning to look at the feasibility of the joint building with the Office for the Aging and Lifelong. A meeting will be coming up and she urged Legislators to attend and provide input. Ms. Mackesey, District No. 1 Legislator, reported that because of increasing gas prices TCAT is projecting a $250,000 shortfall in its budget this year. She said everyone needs to be aware of impacts such as these and stated she hopes some people will "step up to the plate" to help ease this burden. Ms. Robertson, District No. 13 Legislator, asked for an executive session to discuss negotiations with a property owner. Mr. Dennis, District No. 15 Legislator, displayed his new chair of which 99 percent of its parts are from recyclable materials. He commented the chair is very comfortable and nice -looking. Report from Municipal Official(s) No municipal official was in attendance. Chair's Report and Appointment(s) Mr. Koplinka-Loehr thanked the committee that helped to plan a farewell and appreciation gathering for former Chair, Tim Joseph. Mr. Koplinka-Loehr also reported the news has been full of the New York State Property Tax Commission's recommendations on the property tax. He said he personally supports a cap on the property tax; final recommendations will not be out until December. Mr. Koplinka-Loehr made no appointment(s). Report from the County Administrator 150 June 3, 2008 Mr. Whicher said he is happy to be back from vacation and is pleased to see a full complement of Legislators in attendance. He reported the budget process has begun and rollover forms have been distributed to departments. He hopes departments and Legislators will see rollover as a way to help them get through upcoming difficult budget times. Report from the County Attorney Mr. Wood had no report. In response to a question by Ms. Kiefer, Mrs. Covert, Clerk of the Legislature, reported there are four financial disclosure forms outstanding. Report from the Finance Director Mr. Squires reported tomorrow at 7 p.m. there will be a foreclosure auction preview of eight properties. The foreclosure auction will be June 1211h. He said in this auction there is one property that has been in foreclosure several times but protected by bankruptcy; the property has accrued over $90,000 in taxes due over a ten-year period. Mr. Squires said the County guarantees unpaid taxes and has to sell these properties to recover non-performing assets. He does not anticipate a lot of revenue from the auction but expects the County will cover its costs. Mr. Proto said he had asked previously about the collection of sales tax from internet sales and asked Mr. Squires to contact the State to inquire about what revenues counties will enjoy from the legislation assessing this tax. Report from County Staff A report by staff on the Sustainability Team and the Tompkins County Emergency Management Planning Group was deferred to a future meeting. Addition of Resolution(s) to the Agenda There were no resolution(s) added to the agenda. Withdrawal of Resolution(s) from the Agenda Later in the meeting, Chair Koplinka-Loehr gave Mrs. McBean-Clairborne permission to withdraw from the agenda the resolution entitled Authorizing a Consultant Agreement with C&S Engineers, Inc. for Construction Observation and Contract Administration Services — Runway Safety Area Improvement and Obstruction Clearance — Ithaca Tompkins Regional Airport. Approval of Resolution(s) Under the Consent Agenda It was MOVED by Mr. Dennis, seconded by Ms. Mackesey, and unanimously adopted by voice vote, to approve the following resolution(s) under the Consent Agenda: RESOLUTION NO. 107 - AUTHORIZATION FOR PUBLIC HEARING - TOMPKINS CORTLAND COMMUNITY COLLEGE OPERATING BUDGET — 2008-2009 MOVED by Mr. Dennis, seconded by Ms. Mackesey, 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 151 June 3, 2008 RESOLVED, on recommendation of the Budget and Capital Committee, That a public hearing be held on June 17, 2008, 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 2008-2009 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(s) Under the Consent Agenda There were no appointment(s) approved. Presentation of Resolution(s) by the Planning, Development, and Environmental Quality Committee RESOLUTION NO. 108 - ADDING PARCELS TO AGRICULTURAL DISTRICT NO. 1 (EAST SIDE OF CAYUGA LAKE) (Postponed to June 17, 2008 and Lost) MOVED by Ms. Robertson, seconded by Ms. Chock. Mr. Hattery asked that this resolution be postponed to the next meeting as the Dryden Village Board was not notified about this until recently. It was MOVED by Mr. Hattery, seconded by Ms. Herrera, to Postpone this resolution to the June 17, 2008 meeting. Mr. Hattery explained that there has been a 50% turnover on the Village Board and new members would like to have a have a face-to-face discussion with the landowner on this issue. He said that meeting will take place on June 11111 A voice vote on the motion to Postpone to June 17 resulted as follows: Ayes — 15, Noes — 0. MOTION CARRIED. Reconsideration of Resolution It was MOVED by Ms. Mackesey, seconded by Ms. Chock, to Reconsider Resolution No. 103 of 2008. A voice vote on the motion resulted as follows: Ayes — 13, Noes — 2 (Legislators Proto and Randall). MOTION TO RECONSIDER CARRIED. RESOLUTION NO. 103 — DELEGATING APPROVAL AUTHORITY FOR CERTAIN TOURISM PROGRAM CONTRACTS Ms. Herrera acknowledged the valuable work of the Strategic Tourism Planning Board (STPB). The Legislature needs to be diligent about the kind of oversight involved in these grants and suggested if the burden is so great on the Planning, Development, and Environmental Quality Committee that a special committee could be created. Ms. Herrera also said the time spent discussing these grants is well spent and this oversight should not be abdicated. She stated tourism is what is driving the County's economic engine right now. Ms. Mackesey referred to an editorial in today's journal about this issue and said she takes the County's fiduciary responsibility seriously but thinks this Legislature has a responsibility to make sure its time is spent wisely. She spoke of trust that has been built up over time and the STPB has earned the 152 June 3, 2008 County's trust. She would not agree to handing over large grants but said while those under discussion are important, they are small grants. This action will also save weeks of work. Ms. Chock said of the 13 programs listed, this discussion pertains to only three of those programs and last year they were in the amount of $136,000. She displayed packets of information to demonstrate the volume of materials that the STPB reviews. She thinks the Legislature is doing better due diligence in trusting the work of the STPB. Ms. Robertson stressed that the Planning, Development, and Environmental Quality Committee has always and will continue to review the entire budget. She also noted the Legislature does not review every expenditure of other entities, such as Tompkins Cortland Community College, the Public Library, or TCAT, Inc. and each of those entities have much larger budgets than that under discussion. She spoke of the time-consuming process involved with these grants and said she would like the Committee to have time to discuss larger policy issues. Ms. Herrera said there are moves afoot to try to reallocate the tourism money; she has been a big supporter of the STPB and has asked for the big packets of paper that accompany grant requests, and she does take the time to go through them. Ms. Herrera again suggested the creation of a special committee to review these grants of which she would volunteer to serve. It was MOVED by Ms. Herrera, to Table this resolution until a time when the Chair can make a decision about appointing a special committee to review these grants. MOTION FAILED DUE TO A LACK OF A SECOND. Mr. Dennis said he sees this as allowing the organization that has been involved from the beginning to make some determinations; he said interested Legislators could still involve themselves in the process. Ms. Mackesey said under this proposal the Legislature would still receive quarterly reports and updates. Mr. Koplinka-Loehr said he will not support this resolution; although he applauds the spirit of this; he thinks in this particular matter there are ways to address this without taking this action. He suggested incorporating a consent agenda to the Committee's order of business. It was MOVED by Mr. Proto to Postpone this resolution to January, 2009. MOTION FAILED DUE TO LACK OF A SECOND. A roll call vote resulted as follows: Ayes — 7 (Legislators Burbank, Chock, Dennis, Kiefer, Mackesey, Robertson, and Shinagawa); Noes — 8 (Legislators Hattery, Herrera, Koplinka-Loehr, McBean-Clairborne, Proto, Randall, Sigler, and Stevenson). RESOLUTION FAILED. WHEREAS, Resolution No. 103 of 1996 adopted a comprehensive rewrite of the administrative policy 01-10, which delegated specific approval authority of contracts by the Legislature, and WHEREAS, this policy outlined authority to the Legislature to approve all Tourism Program contracts as follows: "Program committee recommends, full Legislature approves unless it delegates approval authority by specific resolution", and WHEREAS, in 1996, there were approximately ten Tourism Program contracts per year, and the program has since grown to include an elaborate multi-level grants process to review and award approximately seventy-five contracts per year, which is attributable to the growing success of the entire Tourism Program, and 153 June 3, 2008 WHEREAS, the Legislature appoints eighteen voting members to the Strategic Tourism Planning Board (STPB) for the purpose of reviewing grants and making recommendations to the Legislature, and WHEREAS, a support position for the STPB is provided within County Administration to provide guidance, oversight, daily support, and grant review, and WHEREAS, the STPB has created guidelines, application, and evaluation processes for each of its specific grants programs, and it has appointed working committees of 5 — 6 people to provide detailed review of extensive application materials within each of those grants programs, and WHEREAS, the support staff reads every grant, calls the applicants when pieces are missing, and then mails the full applications to STPB working committee members, who then read the applications, review the detailed grant guidelines, meet as a committee to weigh each application's merits and prioritize them, and WHEREAS, the working committee's recommendations then go to the full STPB, a 24 -person board, with 18 voting members, which votes on the recommendations, and WHEREAS, in the last seven years of the Tourism Grants Program, hundreds of grants have been awarded, but the Legislature has altered the recommendations of the STPB in only two or three cases, and WHEREAS, in an effort to streamline the grants process and relieve program committee review time, it is recommended by the Planning, Development, and Environmental Quality Committee that the Legislature delegate a specific amount of authority to approve certain grant approvals, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the following authority is delegated to STPB and County Administration: Marketing Advertising Grants, New Tourism Initiatives, and Tourism Project Grants $25,000 or less, RESOLVED, further, That any contracts and grants from the Program's Tourism Capital line item must have both program committee and Legislature approval, RESOLVED, further, That as any contracts and grants from the Program of more than $25,000 will be approved by the program committee and Legislature, RESOLVED, further, That County Administration will provide to the Legislature written quarterly updates to all Tourism Program activities, including grants awards. SEQR ACTION: TYPE II -15 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 June 10th. Report and Presentation of Resolution(s) from the Facilities and Infrastructure Committee Mrs. McBean-Clairborne, Chair, reported the Committee met this afternoon with those items reflected on the agenda. She encouraged Legislators to let her know if there are infrastructure -related items they would like the Committee to discuss. She announced the Committee approved a right-of-way and the Highway Division to seek bids on the Banks Road Bridge. The next meeting will be June 19th. RESOLUTION NO. 109 — MAKING A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE — HANGAR DEMOLITION PROJECT - ITHACA TOMPKINS REGIONAL AIRPORT MOVED by Mrs. McBean-Clairborne, seconded by Ms. Herrera, and unanimously adopted by voice vote by members present (Legislators Dennis and Proto were temporarily out of the room). WHEREAS, in keeping with the Airport Master Plan and to improve the operational capacity of the airport, the Airport Manager in conjunction with C&S Engineers, Inc., and Federal Aviation Administration, has decided that the old hangar complex, formerly occupied by Taughannock Aviation Corporation, shall be demolished, now therefore be it 154 June 3, 2008 RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That in terms of the State Environmental Quality Review (SEQR) process, the Hangar Demolition Project is an Unlisted action, RESOLVED, further, That the Tompkins County Legislature does hereby make a Negative Declaration of Environmental Significance for said project. SEQR ACTION: Unlisted (Negative Declaration - Short Environmental Assessment Form is on file in the Clerk's Office) RESOLUTION NO. 110 - AWARD OF BID — HANGAR DEMOLITION - ITHACA TOMPKINS REGIONAL AIRPORT MOVED by Mrs. McBean-Clairborne, seconded by Mr. Stevenson. Ms. Herrera stated the Committee did not receive the numbers contained in this resolution until earlier today at its meeting, and expressed concern that she is not aware of who the lowest bidders were. She said the dollar amounts contained in the resolution are very high and asked that efforts be made to find a way to give Legislators two weeks of advance notice to review information. Mr. Randall said the public has not seen this and he is concerned with the great disparity between the bids for asbestos removal. He does not agree that this bidder is the lowest responsible bidder. Mrs. McBean-Clairborne said new language with regard to asbestos removal has been added to the resolution as a result of the discussion that took place in today's Facilities and Infrastructure Committee meeting. Mr. Stevenson said while I\4r. Randall and Ms. Herrera have made good points, he would like to see this building removed. Mr. Nicholas said because of a dispute at the federal level about how the airport improvement program would be funded this year there has been a delay in the release of funding. He said he only received the dollar amounts contained in the resolution today. Mr. Randall noted that the low bidder was supposed to submit a letter about how the asbestos removal would be handled and to date, that letter has not been received. A voice vote on the resolution resulted as follows: Ayes — 12, Noes — 3 (Legislators Herrera, Mackesey, and Randall). RESOLUTION ADOPTED. WHEREAS, the Finance Department advertised for and received four (4) bids to demolish the hangar complex formerly occupied by Taughannock Aviation Corporation, and WHEREAS, the lowest responsible bidder for said demolition project was Ritter & Paratore of Utica, New York, with a bid of $199,900, and WHEREAS, the funding sources of said demolition project are: Federal Aviation Administration Share (95.0%) $189,905.00 New York State Department of Transportation Share ( 2.5%) $ 4,997.50 Local Share (Airline Rates & Charges) ( 2.5%) $ 4,997.50 TOTAL $199,900.00 , now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the County Administrator be and hereby is authorized to execute a contract with Ritter and Paratore, contingent upon the Facilities and Infrastructure Committee receiving and reviewing a full report of the asbestos removal procedure prior to work proceeding or funds being disbursed, and subject to grants being received from 155 June 3, 2008 the Federal Aviation Administration (FAA) and New York State Department of Transportation (NYSDOT), RESOLVED, further, That the Finance Director be authorized to borrow monies if necessary, until reimbursement is received from the FAA and NYSDOT. SEQR ACTION: Unlisted (Short Environmental Assessment Form is on file in the Clerk's Office ) Explanation: This demolition project consists of removing two old hangars and a cinderblock building, all built in the 1940's. the three -building complex was formerly used by Taughannock Aviation prior to the construction of their new facility. There are large quantities of asbestos and lead paint present and with parts of the building inside beginning to collapse, the building is a hazard as well as an eyesore. Contractor Base Bid Danair, Inc. Asbestos $200,000 Add on 1 $ 49,000 TOTAL $269,000 Empire Dismantlement Asbestos $387,610 Add on 1 $ 60,000 TOTAL $467,610 ERSI Asbestos $155,000 Add on 1 $132,000 TOTAL $307,000 Ritter & Paratore, Utica, NY Asbestos $ 48,000 Add on 1 $131,900 TOTAL $199,900 Withdrawal of Resolution from the Agenda Chair Koplinka-Loehr gave Mrs. McBean-Clairborne permission to withdraw from the agenda the resolution entitled Authorizing a Consultant Agreement with C&S Engineers, Inc. for Construction Observation and Contract Administration Services — Runway Safety Area Improvement and Obstruction Clearance — Ithaca Tompkins Regional Airport. RESOLUTION NO. 111 — AWARD OF BID — RELOCATION OF PARALLEL TAXIWAY (PHASE III) - ITHACA TOMPKINS REGIONAL AIRPORT MOVED by Mrs. McBean-Clairborne, seconded by Mr. Dennis. Ms. Herrera reiterated her previous comment that she is troubled by not receiving figures until today. Mrs. McBean-Clairborne said while she agrees with Ms. Herrera's concerns she does not want to see the Airport punished. Mr. Proto said this is a great action and it will be appreciated. A voice vote resulted as follows: Ayes — 13, Noes — 2 (Legislators Herrera and Mackesey). RESOLUTION ADOPTED. WHEREAS, the Finance Department advertised for and received two (2) bids for construction of the Relocation of the Parallel Taxiway (Phase III) project at the Ithaca Tompkins Regional Airport, and WHEREAS, the lowest responsible bid of $4,481,225.30 was submitted by Sealand Contractors of Rush, New York, and WHEREAS, the funding for this construction project is as follows: 156 June 3, 2008 Federal Aviation Administration Share New York State Department of Transportation Share Local Share (Airline Rates & Charges) TOTAL (95.0%) ( 2.5%) ( 2.5%) $4,257,164.00 $ 112,030.65 $ 112,030.65 $4,481,225.30 , 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 County Administrator be and hereby is authorized to execute a contract with Sealand Contractors, RESOLVED, further, That the Finance Director be authorized to borrow monies if necessary, until reimbursement is received from the FAA and NYSDOT., SEQR ACTION: TYPE II -2 RESOLUTION NO. 112 - SUPPORTING PINE TREE ROAD PEDESTRIAN ENHANCEMENT PROJECT AND ITS INCLUSION IN THE CORNELL/COMMUNITY TRANSPORTATION INVESTMENT INITIATIVE MOVED by Mrs. McBean-Clairborne, seconded by Ms. Chock. Mr. Proto asked to receive an update on this project at a future meeting. A voice vote resulted as follows: Ayes — 15, Noes — 0. RESOLUTION ADOPTED. WHEREAS, the former Lehigh Valley Railroad bridge over Pine Tree Road in the Town of Ithaca, poses an obstacle to safe pedestrian and bicycle traffic as well as to the movement of goods between New York State Route 366 and Cornell University on the north and New York State Route 79 and the East Hill commercial /residential area on the south, and WHEREAS, the former railroad bridge is now owned by Cornell University and leased by the Town of Ithaca for use as a pedestrian and bicycle trail (East Ithaca Recreation Way), and WHEREAS, the New York State Department of Transportation is accepting applications for Transportation Enhancement Program (TEP) funding that will fund up to eighty percent of costs for projects that provide facilities for pedestrians and bicycles and/or preserve abandoned railway corridors for pedestrian or bicycle trails, and WHEREAS, a project to provide multi -modal enhancements along Pine Tree Road between Route 366 and Maple Avenue and also eliminate this obstacle is included in the draft Cornell/Community Transportation Investment Initiative that is supportive of Cornell's Transportation -Generic Environmental Impact Statement (T -GEIS) and Master Plan and local planning efforts, and WHEREAS, Tompkins County, Town of Ithaca, and Cornell University staff have initiated planning for a Pine Tree Road Pedestrian Enhancement Project that is eligible for TEP funding, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the Tompkins County Legislature supports submission of a Transportation Enhancement Program funding application to the New York State Department of Transportation for the Pine Tree Road Pedestrian Enhancement Project where Tompkins County would be the local sponsor, RESOLVED, further, Tompkins County Planning and Highway staff hereby are authorized to develop an agreement among the Town of Ithaca, Cornell University, and Tompkins County by which project funding and future ownership and maintenance jurisdictions would be established. SEQR ACTION: TYPE II- 21 Report from the Health and Human Services Committee Mr. Proto, Chair, reported the Committee will meet tomorrow at 3 p.m. and will hear updates from the Drop -In Children's Center and the Wastewater Treatment Plant and how the funding and fee 157 June 3, 2008 structure will be handled in the future. The Committee will also hear a report on the Office for the Aging and Lifelong joint relocation project at a special meeting with the Facilities and Infrastructure Committee on July 2' at 2 p.m. Report from the Human Resources Committee Mr. Dennis, Chair, reported the Committee will meet on June 5th at 3:30 p.m. Report from the Government Operations Committee Mr. Hattery, Chair, reported the Committee has not met since the last Legislature meeting. Report from the Budget and Capital Committee Mr. Shinagawa, Chair, reported the Committee held a special meeting on May 29th with department heads and Legislators to discuss the 2009 budget. During that meeting there was discussion of short-term ideas, long-term strategies, and budgeting tools and criteria for looking at what the County prioritizes. The results of those discussions will be made available to department heads and legislators. He spoke of the creation of an advisory panel to advise on budget decisions and said it is too late in the process to have such a group offer suggestions into the 2009 budget, but hopes this group can provide guidance and help the Legislature prioritize and offer long-term strategies for the future. The next meeting will be June 9th He encouraged Legislators to attend that meeting and participate in the discussion of setting fiscal targets. He noted we don't, at present, have criteria we use, but hopes to; e.g. "leverage other dollars", "avoid future costs". Report from the Public Safety Committee Mr. Stevenson, chair, reported the Committee hast not met since the last Legislature meeting. The next meeting will be June 20th at 2 p.m. Report from the Workforce Diversity and Inclusion Committee Mrs. McBean-Clairborne, Chair, thanked Ms. Martel -Moore for chairing the last meeting in her absence. She pointed out moving the diversity and inclusion agenda forward proves sometimes to be difficult because there are no personnel specifically dedicated to do the footwork of the Committee. She said she hopes we can engage on doing more organizational development to focus on diversity and inclusion so that we can get things moving forward to be an inclusive organization. Mrs. McBean- Clairborne said the Committee continues to work on the Diversity Award. Approval of Minutes of May 20, 2008 It was MOVED by Mr. Proto, seconded by Mr. Stevenson, and unanimously adopted by voice vote, to approve the minutes of May 20, 2008, as submitted. MINUTES APPROVED. Recess Mr. Koplinka-Loehr declared recess from 7:28 p.m. to 7:33 p.m. Executive Session It was MOVED by Mr. Proto, seconded by Ms. Robertson, and unanimously adopted by voice vote, to enter into executive session at 7:33 p.m. to discuss personnel issues and land negotiations. The meeting returned to open session at 8:10 p.m. 158 June 3, 2008 County Administrator Search Process Mr. Koplinka-Loehr provided an update regarding the following: (1) marketing and posting of the County Administrator's job description; (2) screening process; (3) applicant/talent rating and criteria system; and (4) roles and responsibilities of the Legislature. All applicants are encouraged to complete applications no later than June 25, 2008. Legislators will be notified by Personnel when the last application for the county administrator's position is received and posted to the secured web site. He said the Search Committee is striving to commence the interview process no later than mid-July 2008. Constance Thompson, Consultant, stressed that Legislator' should utilize the rating system developed by the Search Committee and assess each applicant independent of other talent and only by the rating/criteria system. The input provided by individual legislators will be weighed and considered as part of the selection process. Ms. Herrera expressed concern over whether or not the rating system will be anonymous or not. Mr. Koplinka-Loehr suggested that the Committee could explore keeping the rating by non -committee members anonymous. Mr. Sigler objected to the fact that the Search Committee did not set a deadline for the applicants to apply for the County Administrator's position. Mr. Koplinka-Loehr stated all applicants are encouraged to apply by June 25, 2008. Ms. Robertson requested that Steve Estes in Personnel notify the Legislature as to how many new applicants apply. Mr. Koplinka-Loehr stated that he would have Mr. Estes provide a weekly update. Ms. Robertson also requested a detailed timeline relative to the process. Mr. Koplinka-Loehr stated that the Search Committee reviewed the timeline yesterday and agreed to conduct screenings after June 30, 2008, as well as set interviews in mid-July. Following discussion, Ms. Kiefer reminded the Legislature that it is important to decide what questions we wish to ask and take the time to draft the questions prior to interviewing candidates. Adjournment On motion the meeting adjourned at 8:40 p.m. 159 June 17, 2008 "That said proposed 2008-2009 operating budget in the amount of $32,358,578 of which the sponsoring community contribution is in the amount of $4,170,327 (sixty-two percent Tompkins County, thirty-eight percent Cortland County) be and the same hereby is approved," Ms. Kiefer said she felt the increase to six percent was fully justified by the college at the Special Budget presentation, and the actual dollar amount — less than $25,000 - is not significant. Mr. Hattery expressed concern that the amendment would require approval from Cortland County. Ms. Kiefer indicated she had spoken to the appropriate members of the Cortland County Legislature who did not have opposition to the change. Dr. Haynes indicated it would mean a total increase of approximately $146,000. Ms. Chock stated that during discussions Cortland County supported the six percent increase. Mr. Shinagawa said due to the challenging budget year he could not support the amendment. Ms. Herrera, Ms. Robertson, and Mrs. McBean-Clairborne agreed with Mr. Shinagawa's view. Mr. Dennis said he would support the amendment, stating the college assists in resolving the underemployment referred to in the previous presentation, acknowledging the college is a lead organization for educating young people to seek employment in various venues. He also noted that during budget deliberations there would be variables in funding required for many departments with some receiving funding different than others. Following the discussions, Ms. Robertson indicated she now would support the amendment. Mrs. McBean-Clairborne said she did not consider $25,000 to be a small figure, it could represent an individual's position. Dr. Haynes expressed appreciation for the debate and noted the County saves approximately $183,000 in charge -backs when students attend the local college, that the ability to have clients receiving County services getting an education to make them self-sufficient, combined with the college's increased productivity over the last ten years by thirty-five percent, all assist in reducing County overall expenses. Mr. Koplinka-Loehr said when the budget process occurs he believes all departments and agencies could request and justify funding. He stated he would not support the amendment, noting the college indicated they could find the difference in funding without a significant impact. A voice vote on the amendment resulted as follows: Ayes - 6 (Legislators Burbank, Chock, Dennis, Kiefer, Robertson, and Stevenson); Noes — 8 (Legislators Hattery, Herrera, Koplinka-Loehr, Mackesey, McBean-Clairborne, Proto, Shinagawa, and Sigler); Excused — 1 (Legislator Randall). MOTION TO AMEND FAILED. Ms. Herrera disclosed that she has been a student at Tompkins Cortland Community College. At this time she spoke briefly about the college and said it is a real anchor for the community. She could not support the amendment to increase the budget six percent as the County needs to look ahead. A roll call vote on the resolution resulted as follows: Ayes — 14, Noes — 0, Excused — 1 (Legislator Randall). RESOLUTION ADOPTED. WHEREAS, a proposed operating budget for Tompkins Cortland Community College (TC3) for the fiscal year September 1, 2008, through August 31, 2009, 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 17th of June 2008, now therefore be it RESOLVED, on recommendation of the Budget and Capital Committee, That said proposed 2008-2009 operating budget in the amount of $32,306,736 of which the sponsoring community contribution is in the amount of $4,130,985 (sixty-two percent Tompkins County, thirty-eight percent Cortland County) 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 168 June 17, 2008 September 1, 2008, and that the amount when determined be raised by taxation in the County of Tompkins in the fiscal year 2009, 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 Presentation ofResolution(s) from the Public Safety Committee RESOLUTION NO. 124 — APPROPRIATION FROM CONTINGENT FUND AND INCREASE IN HOURS FOR TRANSITION WORKFORCE SPECIALIST POSITION — DEPARTMENT OF PROBATION AND COMMUNITY JUSTICE MOVED by Mr. Dennis, seconded by Mr. Hattery. Mr. Proto inquired whether the County would continue to make up the difference in a position when the State removes funding. Mr. Dennis clarified the addition of the last Resolved indicates this was only for the current budget year. Mr. Proto asked when a report on the effectiveness of the program would be received and was informed by Ms. Bradac that reports would be made on a regular basis. Ms. Robertson requested that when situations such as this arise an evaluation should be made to determine whether it is in the County's best interest to provide the funding to make up for the State's reductions. A short roll call vote resulted as follows: Ayes — 12, Noes — 2 (Legislators Proto and Stevenson), Excused — 1 (Legislator Randall). RESOLUTION ADOPTED. WHEREAS, funding that was previously available through Workforce New York and the Lansing Central School District has been discontinued and efforts to obtain other funding have failed, and WHEREAS, the position of Transition Workforce Specialist is critical to the ongoing work at the Day Reporting Center, especially with the extra effort in the Re -Entry programming, now therefore be it RESOLVED, on recommendation of the Public Safety and the Budget and Capital Committees, That fifty percent of the Transition Workforce Specialist position previously funded by Workforce New York and the Lansing Central School District for twenty hours of work be moved to the Department of Probation and Community Justice effective immediately, RESOLVED, further, That the Director of Finance is hereby authorized and directed to make the following budget appropriation for 2008: FROM: A1990.54400 Contingent Fund $32,691 TO: A3141.51000783 Transition Workforce Specialist $23,140 A3141.58800 Fringes 8,793 A3141.54414 Local Mileage 758 RESOLVED, further, That this funding is an appropriation for 2008 and is not to be assumed as funding for 2009. SEQR ACTION: TYPE II -20 Presentation ofResolution(s) from the Health and Human Services Committee RESOLUTION NO. 125 — AUTHORIZATION TO PAY VACATION TIME IN EXCESS OF MAXIMUM — HEALTH DEPARTMENT MOVED by Mr. Proto, seconded by Mr. Shinagawa. Ms. Herrera noted that Union Representative David Chase expressed concern that this action was being taken; however, there has been subsequent discussions regarding the resolution and it was assured this is an exception that would not 169 June 17, 2008 again be offered. Mr. Dennis, on behalf of the Budget and Capital Committee, spoke to Mr. Chase and all concerns have been resolved. A voice vote on the resolution resulted as follows: Ayes — 14, Noes — 0, Excused — 1 (Legislator Randall). RESOLUTION ADOPTED. WHEREAS, the Health Department has been operating under special circumstances since the beginning of the year, including multiple Community Health Nurse staff out on medical leave, increased work demands including responding to the syphilis situation, increased Home Care referrals, and being globally understaffed department wide in the Community Health Nurse title, and WHEREAS, the Department requests special permission to pay 60 hours of vacation time on a one-time basis for one part-time (21 hours per week) Community Health Nurse who is providing additional assistance during this staffing crisis, and WHEREAS, the Legislature recognizes this as an exception to existing policy and approves it based upon the above circumstances, now therefore be it RESOLVED, on recommendation of the Health and Human Services, and the Budget and Capital Committees, That the Department is authorized to pay out $1,655.89 in accrued vacation time and $629.24 in associated fringes to reduce the employees fringe balance below the maximum permitted in the Union agreement, RESOLVED, further, That no additional funding is needed; funds will be paid through existing salary lines. SEQR ACTION: TYPE II -20 Individual Member -Filed Resolution(s) RESOLUTION NO. 126 — EXPRESSING SUPPORT FOR FEDERAL ACTION TO REDUCE CARBON EMISSIONS THROUGH THE MECHANISM OF A CARBON TAX MOVED by Ms. Chock, seconded by Mrs. McBean-Clairborne. Ms. Chock thanked the Environmental Management Council for their work on the resolution. She spoke of the need for Federal action on carbon emissions and that the City of Ithaca and Town of Ithaca both weighed in on the conversations. The resolution is the result of four months of presentations by scientists, environmentalists, and concerned citizens. Ms. Chock noted it is a complex issue and the resolution speaks to how to achieve reductions. While many agree that carbon emissions must be reduced, there is disagreement about how best to achieve that. This resolution stresses the need to reduce and offers a compromise position on the recommendation to federal and other officials about how to proceed. Ms. Chock thanked Ms. Kiefer for her work in preparing the resolution and urged members to support it. Mr. Stevenson appreciated the work but is not supportive of the resolution. Although it is a complicated issue he cannot support more taxes. Ms. Herrera agreed it is a complex issue and is grateful for those who explained the concern of carbon emissions and therefore it is a tax she could support, although not the portion referring to trade and auction. It was MOVED by Ms. Herrera, seconded by Ms. Robertson, to remove the following Resolved from the resolution: "RESOLVED, further, That if a carbon tax fails to pass at the Federal Level, the Tompkins County Legislature declares its support for a cap -and -auction system as a next -best alternative, with the following caveats: • polluters should pay for the right to pollute, using auctions not allotments, and should not be given permits at zero cost, 170 June 17, 2008 • the cap -and -auction should be implemented as far upstream as possible, with auction via a single open market that is national not global, and with public monitoring to ascertain the validity of the system, • the system should be strictly national; offsets would not be allowed; a significant penalty should be imposed for fossil -fuel use without allowances, • a "hard cap" should be set for all large users of fossils fuels together, reduced every year, and reach eighty percent reduction in greenhouse gas emissions (as CO2 equivalents) by 2050." A voice vote on the amendment resulted as follows: Ayes — 10 (Legislators Burbank, Dennis, Herrera, Koplinka-Loehr, Mackesey, McBean-Clairborne, Robertson, Shinagawa Sigler, and Stevenson); Noes — 4 (Legislators Chock, Kiefer, Hattery, and Proto); Excused — 1 (Legislator Randall). AMENDMENT CARRIED. Ms. Robertson will support the resolution, noting it is now a stronger document and she believes if the government had taken action when this problem was first discovered we would be better off. Mr. Hattery agrees with Mr. Stevenson regarding citizens' need to limit taxation. Mr. Burbank expressed his belief that at a local level the resolution expresses community concern and should percolate to the level required. He hopes the community will continue discussions to exhibit strong support for the reduction of carbon emissions. Mr. Sigler does not support the resolution and feels it does not sequester the problem, rather it punishes those creating it. In addition, he does not feel another tax is appropriate, that the present fuel tax should be utilized to address the problem. Mr. Dennis will support the resolution, noting it expresses a concern to the appropriate government officials. A voice vote on the resolution as amended resulted as follows: Ayes — 10 (Legislators Burbank, Chock, Dennis, Herrera, Kiefer, Koplinka-Loehr, Mackesey, McBean-Clairborne, Robertson, and Shinagawa); Noes — 4 (Legislators Hattery, Proto, Sigler, and Stevenson); Excused — 1 (Legislator Randall). RESOLUTION ADOPTED. WHEREAS, global warming, characterized by extremes of climate change, has been identified by an overwhelming consensus of scientists as caused primarily by carbon dioxide emissions from manmade sources and by widespread deforestation, and WHEREAS, global warming threatens economies and ecosystems throughout the world, and WHEREAS, legislation at the Federal level is being considered for reductions in heat -trapping emissions of greenhouse gas emissions including carbon dioxide, through either a Federal carbon tax or emissions trading, and WHEREAS, the outcome of this legislative debate will substantially affect residents of Tompkins County for decades, and WHEREAS, both tradable pollution permits and taxing environmental pollution are economic methods to reach environmental goals, with the main difference between them being that (1) with permits, government sets the amount of emissions that are allowed and lets the market set the price of the permits as they are auctioned off or traded; in contrast (2) with an environmental tax the price of the environmentally destructive pollution is set by the government as the tax rate, and the market determines the amount of pollution that will occur at that price, and WHEREAS, either auctioning pollution allowances or implementing a tax will raise Federal revenues that can be used to relieve the cost burden on low-income persons and to underwrite the development of alternative sustainable energy systems, and WHEREAS, offsets and trading across national borders make the system particularly hard to monitor and enforce, inviting noncompliance, and WHEREAS, both carbon taxes and cap -and -trade systems can be effective means of reducing emissions of CO2, so from the perspective of economic theory they are equivalent, but from the regulatory and administrative perspective a tax is more cost effective, and 171 June 17, 2008 WHEREAS, the Tompkins County Environmental Management Council has examined these issues and passed Resolution No. 01-2008 "Resolution Recommending County Support for a Federal Carbon Tax", now therefore be it RESOLVED, That for these environmental, economic, and administrative reasons, the Tompkins County Legislature declares its support for enactment of a Federal carbon tax on importers and domestic extractors and refiners of fossil fuels, to be levied upstream in order to minimize the number of entities being directly taxed and the expense of monitoring compliance, with revenues directed to tax relief for low- and moderate -income households and financial support for conservation and sustainable energy programs, with public monitoring to assure compliance, RESOLVED, further, That copies of the resolution shall be sent to the Tompkins County State and Federal representatives as well as the Chair and Members of the appropriate Senate and House Committees. SEQR ACTION: TYPE II -20 Presentation of Resolution(s) from the Planning, Development, and Environmental Quality Committee RESOLUTION NO. 127 — AUTHORIZING GRANTING OF TOMPKINS COUNTY ECONOMIC DEVELOPMENT REVOLVING LOAN FUNDS TO TOMPKINS COUNTY AREA DEVELOPMENT, INC. MOVED by Ms. Robertson, seconded by Mr. Hattery. Ms. Herrera does not support the resolution as she feels it is a way of abdicating oversight. A voice vote on the resolution resulted as follows: Ayes — 13, Noes — 1 (Legislator Herrera), Excused — 1 (Legislator Randall). 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 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 WHEREAS, Tompkins County Area Development, Inc., has expressed its desire to receive a grant of Tompkins County Economic Development Revolving Loan Funds for the purpose of making economic development loans, and WHEREAS, Tompkins County Area Development, Inc., has presented the Policy Guidelines and Operating Plan to guide such activities, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality and the Budget and Capital Committees, That Tompkins County shall provide grants to Tompkins County Area Development, Inc., of Tompkins County Economic Development Revolving Loan Funds in a cumulative amount not to exceed five hundred thousand dollars ($500,000.00) for the purpose of funding economic development loans to assist businesses that will provide economic benefits to Tompkins County and its residents, 172 June 17, 2008 RESOLVED, further, That Tompkins County approves and accepts the Policy Guidelines and Operating Plan to govern such activities by Tompkins County Area Development, Inc., RESOLVED, further, That these grants 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 County shall initially capitalize the Tompkins County Area Development Fund with a cumulative cash balance of two hundred and fifty thousand dollar ($250,000), such amount to be derived from County's Community Development Block Grant Economic Development Funds, and that the Finance Director is authorized and directed to make the following budget adjustment: Revenue 8693.CD599 Appropriated Fund Balance $250,000 Appropriation 8693.54400 Program Expense $250,000 RESOLVED, further, That the grant program will be for the term of two years with an end date of June 2010 at which time this agreement may be extended, and additional funds added to the Tompkins County Area Development Fund upon approval of the Tompkins County Legislature of a new sum of money and term of agreement, RESOLVED, further, That the County Administrator or his designee be authorized to execute agreements in order to effect this grant program consistent with this resolution. SEQR ACTION: TYPE II — 20 RESOLUTION NO. 128 — AUTHORIZING THE DISSOLUTION OF THE TOMPKINS COUNTY ECONOMIC DEVELOPMENT REVOLVING LOAN FUND OVERSIGHT COMMITTEE AND TRANSFERRING RESPONSIBILITIES TO THE RURAL SMALL BUSINESS LOAN OVERSIGHT COMMITTEE MOVED by Ms. Robertson, seconded by Mr. Proto. Ms. Herrera reiterated her belief that the resolution abdicates oversight. Ms. Robertson said both the prior and this resolution are to provide more appropriate accounting practices. A voice vote on the resolution resulted as follows: Ayes — 13, Noes — 1 (Legislator Herrera), Excused — 1 (Legislator Randall). RESOLUTION ADOPTED. WHEREAS, the Tompkins County Economic Development Revolving Loan Fund was established in 1998 to provide low-interest loan funds over $50,000 to existing businesses, and WHEREAS, these loans are made using repaid United States Department of Housing and Urban Development Small Cities Community Development Block Grant funds which are targeted for economic development activities to benefit low- and moderate -income persons, and WHEREAS, Resolution No. 131 of 2006 authorized the Rural Small Business Loan Program as an additional activity under the Tompkins County Economic Development Revolving Loan Fund providing small business loans under $25,000, and WHEREAS, the Tompkins County Economic Development Revolving Loan Fund Oversight Committee was established to make loan recommendations for the Economic Development Revolving Loan Fund Program and the Rural Small Business Loan Program, and WHEREAS, Resolution No. 127 of 2008 authorized the granting of Tompkins County Economic Development Revolving Fund Loans to Tompkins County Area Development, Inc., and 173 June 17, 2008 WHEREAS, Tompkins County Area Development (TCAD) will establish the TCAD Loan Committee with members of the Finance Committee of the TCAD Board of Directors to review and approve TCAD Revolving Loan Fund applications, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the Tompkins County Economic Development Revolving Loan Fund Committee be dissolved with the transfer of the Revolving Loan Fund to TCAD, RESOLVED, further, That the Planning Advisory Board will establish a Rural Small Business Loan Oversight Committee, RESOLVED, further, That the Rural Small Business Loan Oversight Committee will make small- business loan recommendations to the County Legislature based on information provided in a loan application and review of credit worthiness. SEQR ACTION: TYPE II -20 Report from the County Administrator Mr. Whicher reported he has been having discussions with department heads regarding the 2009 budget and it appears he would be able to meet the goal. The first interview for a new Probation Director has taken place and he hopes to bring the matter back to the Legislature on June 20th with a confirmation of appointment on July 1st Report from the County Attorney Mr. Wood reported he had reviewed the financial disclosure forms. At this time only one is outstanding, with the individual out of the office this week. The review did not indicate any major issues raised by the forms. Mr. Wood noted for the future that completion of the forms does not require individuals to list the amount of their investments. Mr. Wood requested an executive session at the end of regular business to discuss litigation. Report from the Finance Director Mr. Squires reported the auction of foreclosed properties occurred on June 12111. There were sixty bidders for the eight properties sold. The County sale grossed $321,000 with bids being between $8,000 for property sold to Habitat for Humanity, to $145,000 for property adjacent to the country club. The County net was $165,000. It was noted the two resolutions added to the agenda will allow the property to transfer back to owners who redeemed the property prior to the auction as well as transfer title for those properties sold. Mr. Squires said the auction was within budgeted amounts. Addition of Resolution(s) to the Agenda It was MOVED by Mr. Hattery, seconded by Mr. Stevenson, and unanimously adopted by voice vote by members present, to add to the agenda the following resolutions: • Authorization to Execute Quitclaim Deed — Properties Redeemed Before County Auction • Authorization to Execute Quitclaim Deeds — Sale of Foreclosure Properties at Public Auction Withdrawal of Resolution(s) from the Agenda There were no resolutions withdrawn from the agenda. Report and Presentation of Resolution(s) from the Facilities and Infrastructure Committee 174 June 17, 2008 Mrs. McBean-Clairborne, Chair, reported the Committee met prior to the Legislature meeting to take action on the resolution that follows. RESOLUTION NO. 129 - AUTHORIZING ACCEPTANCE OF A FEDERAL AVIATION ADMINISTRATION (FAA) GRANT TO CONSTRUCT RUNWAY SAFETY AREA IMPROVEMENTS AND OBSTRUCTION CLEARANCE AND TO CONSTRUCT THE PARALLEL TAXIWAY RELOCATION (PHASE III) - ITHACA TOMPKINS REGIONAL AIRPORT MOVED by Mrs. McBean-Clairborne, seconded by Ms. Herrera, and unanimously adopted by voice vote by members present. RESOLUTION ADOPTED. WHEREAS, our congressional delegation is working with the Federal Aviation Administration (FAA) in Washington to secure Airport Improvement Program (AIP) funding to construct the above mentioned projects, and WHEREAS, the County is expecting to receive said funding from the Federal Aviation Authority (FAA) in the amount of $7,621,250, and WHEREAS, the County has an additional amount of $430,000 from a previous grant that has been designated by the FAA as part of the required funding, and WHEREAS, the budget for these two projects is as follows: FAA Share (95.0%) Account No. HT 5601.44592 $8,051,250.00 NYSDOT Share( 2.5%) Account No. HT 5601.43592 $ 211,875.00 Local Share ( 2.5%) Account No. HT 5601.45031 $ 211,875.00 Total $8,475,000.00 , and WHEREAS, the projects for Construction of the Runway Safety Area Improvements and Obstruction Clearance, and Construction of the Parallel Taxiway Relocation (Phase III), have already been approved by the County Legislature subject to Federal and State funding being received, and WHEREAS, the Construction Inspection and Contract Administration agreements for these projects will be brought before the County Legislature for approval before the projects are allowed to go forward, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That when the grant offer from the FAA of $7,621,250 is received, it be accepted and the County Administrator be authorized to execute the required documents, RESOLVED, further, That the local share of $211,875.00 has already been factored into the airport's 2008 operational budget. SEQR ACTION: TYPE II -20 Report from the Human Resources Committee Mr. Dennis, Chair, did not have a report. Report and Presentation of Resolution(s) from the Government Operations Committee Mr. Hattery, Chair, said the Committee has not met. RESOLUTION NO. 130 — AUTHORIZATION TO EXECUTE QUITCLAIM DEED — PROPERTIES REDEEMED BEFORE COUNTY AUCTION MOVED by Mr. Hattery, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present. RESOLUTION ADOPTED. 175 June 17, 2008 WHEREAS, Tompkins County works with property owners to allow them to redeem their property prior to auction, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the County Administrator is authorized to execute a Quitclaim Deed conveying property acquired by the County through 2007 tax foreclosures, back to the previous owners upon payment of all back taxes, penalties, interest, and fees as follows: Town of Newfield 28-1-6.41 Robert & Tammy Spencer City of Ithaca 55-1-1-9 William & Teresa Sullivan SEQR ACTION: TYPE II -20 RESOLUTION NO. 131 — AUTHORIZATION TO EXECUTE QUITCLAIM DEEDS — SALE OF FORECLOSURE PROPERTIES AT PUBLIC AUCTION MOVED by Mr. Hattery, seconded by Mr. Stevenson, and unanimously adopted by voice vote by members present. RESOLUTION ADOPTED. WHEREAS, by tax foreclosure proceedings, the County acquired certain parcels in the County, and WHEREAS, said properties were sold, contingent upon Legislature approval, at public auction on June 12, 2008, 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 Report from the Planning, Development, and Environmental Quality Committee Ms. Robertson, Chair, reported the Committee met on June 10th and received a report from Workforce Development noting there have been significant budget cuts totaling $230,000. The department is seeking specific contracts and grants to offset the reductions and retain staff. With regard to housing proposals, staff work continues and it is anticipated that a memorandum of understanding among Cornell University, City of Ithaca, and Tompkins County will come forward in the near future. One area of the housing proposal to be determined is governance of the funds. The Committee will meet next on July 10th. Ms. Robertson apologized for having pulled the Lake Monitoring Plan from the agenda, noting it was due to anticipated absences from the Committee and additional discussion required at the Environmental Management Council. This topic will be discussed after the public meeting. Report and Presentation of Resolution(s) from the Budget and Capital Committee Mr. Shinagawa, Chair, reported the Committee met on June 9th and discussed various topics. In addition, a meeting was held on May 29th with department heads to discuss short- and long-term reductions. A compilation of ideas will be gathered and presented at the end of the June 23m meeting. Mr. Shinagawa would like to set another budget retreat to discuss short-term reductions and review criteria with the goal of developing consensus. He would like to utilize the August 5th regular Legislature meeting time to do so and requested department heads be contacted to determine if canceling the meeting would create any difficulty regarding action items. RESOLUTION NO. 132 — AUTHORIZING CHANGE IN COURT ATTENDANTS HOURLY REIMBURSEMENT RATE 176 June 17, 2008 MOVED by Mr. Shinagawa, seconded by Ms. Herrera. Ms. Herrera noted she would have liked to increase the hourly rate to reflect livable wage for the attendants, however as the County only acts as a pass-through for the funding it is not possible. Mr. Koplinka-Loehr commented the matter had been explored, however as the wages are set by the State it is out of the County's control. A short roll call vote on the resolution resulted as follows: Ayes — 14, Noes — 0, Excused — 1 (Legislator Randall). 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 $7.88 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 $8.88 per hour, and WHEREAS, a minimum of two 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 April 1, 2008, from $7.65 to $7.88 and from $8.65 to $8.88 for extra responsibilities. SEQR ACTION: TYPE II -20 RESOLUTION NO. 133 — ESTABLISHMENT OF GUIDELINES AND FISCAL TARGETS FOR ALL COUNTY BUDGETING UNITS FOR THE PREPARATION OF THE 2009 BUDGET MOVED by Mr. Shinagawa, seconded by Mr. Hattery. Mr. Shinagawa said the guideline represents a remarkable achievement between the administration and departments working together to enable the low percentage. It was MOVED by Ms. Robertson, seconded by Mr. Burbank, to amend the fiscal target for not- for-profit agencies to include an additional three percent adjustment for salary and benefit increases, not including a one-time funding. Ms. Robertson said if the County staff negotiated salaries and benefits are included in the guidelines she believes it should be the same for the agencies so that they do not have to absorb flat -funding. She noted some agencies struggle to bring employee wages to a livable wage and that not including an increase will only make wages fall further behind. Ms. Herrera supported the three percent increase for County employee wages and fringes due to the information provided by Administration. Although she would like to be able to do the same for the not-for-profit agencies it would not be possible to meet the County goal, which while difficult is best for taxpayers. Mr. Hattery is opposed to the amendment, stating that to add this does not allow the County Administrator the latitude and flexibility required to meet the Legislature's goal. Mr. Shinagawa said the resolution is the result of numerous discussions and to modify the guidelines would nullify some of the work completed to date and asked Mr. Whither to address the issue. Mr. Whither explained agency funding is very complicated due to the manner in which each operates. He explained that he has had discussions with the Human Services Coalition and Youth Services who work closely with the agencies. Mr. Whither expressed his opinion that giving agencies the additional funding without the same process as the County is undergoing would be inappropriate in light of what the County staff are being asked. He further explained that by setting the guidelines shown in the original resolution has provided the ability not to do across-the-board funding reductions. 177 June 17, 2008 Mr. Shinagawa indicated that he would not support the amendment. Mrs. McBean-Clairborne was excused at this time (8:06 p.m.). Ms. Kiefer stated that the agencies do work for the County that would cost more if done by County staff. Although she is pleased that Administration believes it can develop a budget without across-the-board cuts she is uncomfortable regarding the County's funding to agencies over the past several years and is supportive of the amendment. Ms. Mackesey would like to have funding set aside to focus on agency needs and would also like to have a better understanding of how reviews for funding are undertaken for agencies. Mr. Whither responded there would be many requests by agencies and it is important not to approve increases prior to the budget process; if that occurs he does not believe he could meet the budget goal set by the Legislature. Mr. Shinagawa stated the over -target request process would be available to request additional funding during the Legislature's budget review. Ms. Robertson reiterated her belief that the agencies staff should receive the same as the County staff, noting it is very difficult when there is an anticipation of flat funding; she urged support of the amendment. Mr. Proto explained the Human Services Coalition review process for agencies, noting they recommend how to allocate agency funding. He is concerned that increases would mean additional taxes to County residents. He believes that the County's first obligation is to its own departments and that Mr. Whicher has been straightforward about being unable to meet the goal if the Legislature continues to provide additional funding. Mr. Proto would like to be able to support the amendment but does not think the guidelines should be changed. Ms. Herrera said although it is a difficult decision she will not support the amendment. Mr. Dennis indicated that although he would like to support the increase to agencies he believes it is important to allow the Administrator go through the budget recommendation process and then review what the outcome is. It was MOVED by Ms. Mackesey to amend the amendment and offer not-for-profit agencies funding at the 2008 level, with consideration given to cost of living increases. MOTION FAILED FOR LACK OF A SECOND. Mr. Burbank believes by not providing the additional funding to not -for -profits would be moving in the wrong direction, and that he supports the amendment. A voice vote on the amendment resulted as follows: Ayes — 5 (Legislators Burbank, Chock, Kiefer, Mackesey, and Robertson); Noes — 8 (Legislators Dennis, Hattery, Herrera, Koplinka-Loehr, Proto, Shinagawa, Sigler, and Stevenson); Excused — 2 (Legislators McBean-Clairborne and Randall). AMENDMENT FAILED. It was MOVED by Mr. Proto, seconded by Mr. Hattery, to call the question on the resolution. A voice vote on calling the question resulted as follows: Ayes — 8 (Legislators Dennis, Hattery, Herrera, Koplinka-Loehr, Proto, Shinagawa, Sigler, and Stevenson); Noes —5 (Legislators Burbank, Chock, Kiefer, Mackesey, and Robertson)); Excused — 2 (Legislators McBean-Clairborne and Randall). MOTION CARRIED. 178 June 17, 2008 A voice vote on the resolution resulted as follows: Ayes — 8 (Legislators Dennis, Hattery, Herrera, Koplinka-Loehr, Proto, Shinagawa, Sigler, and Stevenson); Noes — 5 (Legislators Burbank, Chock, Kiefer, Mackesey, and Robertson); Excused — 2 (Legislators McBean-Clairborne and Randall). 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 11, 2008, 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 wishes to establish targets in order for departments and agencies to submit their 2009 budget requests, now therefore be it RESOLVED, on recommendation of the Budget and Capital Committee, That fiscal targets for all budgeting units for preparation of the 2009 budget are hereby established as follows: 1. For not-for-profit agency grants, fiscal targets shall be equal to the amount approved in the 2008 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 2008 adopted budget, plus the 2009 negotiated salary increase for the department's bargaining units including management and confidential. 4. In addition, department fiscal targets shall not include one-time funding nor any funds re -appropriated from previous years. RESOLVED, further, That the County Administrator, for the purpose of constructing his recommended budget, shall have the full authority of the Legislature to reduce department targets as needed to achieve the Tax Levy goal set by the Legislature. SEQR ACTION: TYPE II -20 Report from Public Safety Committee Mr. Stevenson, Chair, did not have a report. The Committee will meet on July 20th. Report from Workforce Development and Inclusion Committee The Committee did not have a report. The next meeting is on June 25tH Report from the Health and Human Services Committee Mr. Proto, Chair, reported the Committee met on June 4th and received an update from the Drop - In Children's Center indicating that since last year they have modified the program to enable financial stability. The modifications included adding a second Director position to provide supervision of staff' and programs, with a second position dealing with the operations and finances. A concern expressed was to maintain staffing, particularly with the new program operations at Cornell University. Also of concern was the manner in which slots are filled, primarily with low-income slots being filled when subsidized funding allows; if there is none, the slots are filled by those who are able to pay the full amount of the sliding -fee structure. Youth Services reported on their various programs including youth employment and the need to provide internet access to rural and home -schooled youth. Mr. Proto has written to State representatives in an effort to seek funding options, including the feasibility of use of Universal Service 179 June 17, 2008 Fee funding to provide this much-needed service. Ms. Allinger of the Health Department and Mr. DeLuca, Mental Health Commissioner, reported on the May 30th forum regarding autism and the changing guidelines that have led to broadening the spectrum of this disability. One item that will be taken up is the training of emergency responders, which will include Broome Developmental Center. Mr. Proto reported it appears as though Lakeside Nursing and Rehabilitation Center may be receiving positive news with regard to the day program as well as the assisted -living aspect. Mr. Shinagawa was pleased to hear that Lakeside may be approved for all aspects of service, noting it is a necessary piece to provide stabilization to the facility. He also noted the success of the Drop -In Center was due in part to Mr. Whicher and other County staff working closely to develop a plan to provide financial stability. Government Operations Committee Report - Continued Mr. Hattery reported that the Tompkins County Library Board has come forward to speak about a proposal to create a partnership to make permanent Sunday hours for library services. The proposal requests equal contributions from the Town of Ithaca, City of Ithaca, and the County. In August there would be a meeting between the Budget and Capital Committee and Core Performance Committee to discuss the findings and proposals. It was MOVED by Mr. Proto, seconded by Ms. Herrera, to lift the following resolution from the table. Mr. Hattery expressed appreciation for allowing the action to be postponed to provide the opportunity to have Mr. Miller and the Village discuss the mater. Although he had hoped the parties would have come to a positive resolution it has not occurred. Mr. Hattery expressed his understanding that it is a difficult issue and although he would like to see it added understands the Village's position. Not adding the land would not change the intent of farming Mr. Miller is proposing and he would therefore not support the addition of the property. A voice vote resulted as follows: Ayes — 13, Noes — 0, Excused — 2 (Legislators McBean-Clairborne and Randall). MOTION TO LIFT FROM THE TABLE CARRIED. RESOLUTION NO. 108 - ADDING PARCELS TO AGRICULTURAL DISTRICT NO. 1 (EAST SIDE OF CAYUGA LAKE) (Resolution Lost) MOVED by Ms. Robertson, seconded by Ms. Chock. A voice vote resulted as follows: Ayes — 2 (Legislators Proto and Stevenson); Noes — 11; Excused — 2 (Legislators McBean-Clairborne and Randall). RESOLUTION LOST. WHEREAS, Resolution No. 25 of 2004 designated 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, Resolution No. 201 of 2007 revised the schedule of the annual review period so that it begins February 1, and WHEREAS, one landowner has requested addition of parcels totaling 24.95 acres to Tompkins County Agricultural District 1 and no landowners have requested addition of parcels to Tompkins County Agricultural District 2, and WHEREAS, this request has been reviewed and recommended for approval by the Agricultural and Farmland Protection Board, and WHEREAS, this request has been reviewed by the Planning Advisory Board, which, based on objections expressed by the Village of Dryden in 2007, 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 June 3, 2008, and 180 June 17, 2008 WHEREAS, the County Legislature is required to act on such proposals within 120 days under New York State Agriculture District Law, and WHEREAS, the Village of Dryden, by letter dated May 29, subsequent to the County's Planning, Development, and Environmental Quality Committee meeting, has again expressed opposition to the addition of the Miller parcels as being in "direct conflict with several Village land use laws and the Village's Comprehensive Plan, 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 I1-20 Explanatory Note: Addition of these parcels would result in new total acreage of District 1: 102,379 acres. Owner of these parcels has requested they be added to the Agricultural Districts: Village of Dryden (Agricultural District #1) SWSS: 502401 Parcel: 8.-1-14.1 10.26 acres SWSS: 502401 Parcel: 8.-1-14.2 14.69 acres Approval of Minutes of June 3, 2008 Spring House Road (no street# assigned) Spring House Road (no street# assigned) It was MOVED by Mr. Dennis, seconded by Ms. Robertson, and unanimously adopted by voice vote by members present, to approve the minutes of June 3, 2008, as submitted. MINUTES APPROVED. Recess Mr. Koplinka-Loehr declared recess from 8:50 p.m. to 8:53 p.m. Executive Session It was MOVED by Mr. Dennis, seconded by Ms. Herrera, and unanimously adopted by voice vote by members present, to enter into executive session at 8:53 p.m. to discuss litigation. The meeting returned to open session at 9:10 p.m. Adjournment On motion the meeting adjourned at 9:10 p.m. 181 June 17, 2008 Regular Meeting Public Hearing - 2008-2009 Tompkins Cortland Community College Operating Budget Chair Koplinka-Loehr called the public hearing to order at 5:30 p.m. concerning the 2008-2009 Tompkins Cortland Community College Operating Budget and asked if anyone wished to speak. No one wished to speak and the public hearing was closed at 5:32 p.m. Pledge of Allegiance to the Flag and Roll Call of Members Members and guests participated in the Pledge of Allegiance to the Flag. Present: 14 Legislators. Excused: 1 (Legislator Randall). Privilege of the Floor by the Public Sylvester Johnson, Brooktondale resident and member of the Climate Change Action group, spoke in favor of the resolution regarding Carbon Tax and provided background information related to the topic. He suggested the resolution would be stronger if the portion of the resolution referring to cap and auction was removed. Ken Miller, Dryden resident, spoke of his attendance at the Village of Dryden meeting to request reconsideration of the addition of his property to the Agricultural District. He expressed disappointment that the Village did not discuss the matter further and noted the work the Agricultural and Farmland Protection Board undertook when considering addition of his property. Mr. Miller asked for support of the resolution. Jean Fudala on behalf of the Climate Change Action group, spoke in support of the resolution regarding Carbon Tax. She provided information on the continuing need to address global warming and the part the use of carbon -based fuels plays. She requested the portion of the resolution referring to cap and auction be removed as well. Margaret McCasland, City of Ithaca resident, spoke of the support of Climate Change Action, economists, and other individuals for carbon tax. She noted the cap and trade/auction system had many problems including the need to have accurate emission evaluation, which could be very unwieldy. She suggested the tax should occur at the point of origin of the fuel. Distinguished Youth Award Mr. Hattery, District No. 14 Legislator, presented the June Tompkins County's Distinguished Youth Award to Zachary and Michael Kirsch of Dryden, New York. The youth were nominated by Glenn Downey for their academic achievements, volunteerism, and participation in the Dryden United Methodist Church. Mr. Downey characterized the young men as ambitious and unselfish workers offering to help anyone in need. Zachary thanked the Legislature for the recognition and spoke of the CROP Walk's mottos as "we walk because they walk", noting the need of low-income individuals who do not have transportation. He said the fundraiser also provides funding for local food pantries. Privilege of the Floor by Legislators Ms. Chock, District No. 3 Legislator, announced the Ithaca Festival would be held this week, taking place in many areas due to its increased popularity. The parade will be on Thursday at 6:30 p.m., 160 June 17, 2008 with the County Office for the Aging participating. She said the theme of "I am Ithaca" is appropriate for all and thanked all parties working on the event. Mr. Dennis, District No. 15 Legislator, acknowledged Legislator Proto's part in the apprehension of an individual who was robbing a bank. Mr. Proto said the Ithaca Police Department deserves recognition for their prompt response to his call, noting their skills were crucial in the apprehension of the individual. Ms. Robertson, District No. 13 Legislator, announced there would be a public forum on June 25th at 7:00 p.m. regarding the water -monitoring plan for the south end of Cayuga Lake. The Varna Community Association will be meeting on June 30th at 7:00 p.m. regarding traffic mitigation through Varna and recommendations as a result of the Route 13 Corridor Study. Ms. Herrera, District No. 5 Legislator, announced the International Dragonboat Festival would be taking place July 12th and 13th. This festival is a fun family tradition and she invited staff and their families to participate as a member of the County team. Mr. Koplinka-Loehr stated a formal challenge was made to Finger Lakes Parks, however, no response has been made to date. Mr. Proto, District No. 7 Legislator, noted the public forum for water monitoring on June 25th is specifically for the monitoring plan and not issues relating to lake source cooling. Report from Municipal Official(s) No municipal official was in attendance. Special Presentation — The Labor Market Study and the Workforce Strategy Ms. Armstrong, Tompkins County Area Development, provided a brief presentation outlining the study completed by Chmura Economics & Analytics, Virginia-based consultants, which analyzes the current labor market, reports the findings of an employer survey, and provides an economic forecast for the Tompkins County labor market region (Tompkins and surrounding counties). Despite moderate growth in the seven -county region, the study's findings include underemployment in the region, with a mismatch of skills and lack of opportunity at higher income levels, limited availability of basic -skill workers, and the 35 -44 -year-old age group declining faster than the national average. The report, which is available at the Tompkins County Area Development website, will be used to assist in determining specific areas of concern and potential remedies available to best fill positions in areas noted. Ms. Mattick, Director of Workforce Development, reviewed the Workforce Strategy portion of the report and noted the need to increase stakeholder engagement. With this in mind they are beginning to start a dialog with the K-12 personnel to provide information regarding career opportunities available to youth. Numerous educators at all levels would be contacted. In response to a question by Mr. Shinagawa, Ms. Armstrong said the most surprising outcomes were the depth of underemployment as well as the loss of individuals in the 35-44 age -range in relation to the national average. Mr. Shinagawa noted the age range is the key wage-earning and tax -paying years. Ms. Mackesey inquired whether the business practice of hiring on a contract basis or part time could be responsible for underemployment, particularly since individuals may hesitate to take a job that is not full time. Ms. Mattick said it is an area that could be identified during the discussions; ongoing efforts to assist employers with recruitment and retention could assist in this area. It was noted that employers struggle to fill positions with adequate employees and retain them. Chair's Report and Appointment(s) 161 June 17, 2008 Mr. Koplinka-Loehr did not have a report or appointments. Approval of Resolution(s) Under the Consent Agenda It was MOVED by Mr. Burbank, 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. 113 - REQUESTING THE JOINT SUBCOMMITTEE OF THE ITHACA AREA WASTEWATER TREATMENT FACILITY TO TAKE OVER FINANCIAL BILLING OF THE SEPTAGE DISPOSAL AT THE ITHACA AREA WASTEWATER TREATMENT PLANT FROM TOMPKINS COUNTY MOVED by Mr. Burbank, seconded by Mr. Proto, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, Resolution No. 377 of 1988 authorized an agreement with the Ithaca Area Wastewater Treatment Facility (IAWWTF) for a capital investment to ensure a more environmentally acceptable method of septage treatment and disposal, and WHEREAS, under the agreement Tompkins County is responsible for reimbursing the IAWWTF for operating and maintenance costs associated with septage receiving activity, and for the debt service on the improvements added to accommodate septage waste, and WHEREAS, the debt for the aforementioned capital improvement has now been retired, and WHEREAS, the continuing involvement of the County for billing and collecting for septage disposal now that the debt on the improvements have been retired is no longer warranted, and WHEREAS, a more efficient method of financial billing at the point of service is practical and desirable and is acceptable to the IAWWTF, now therefore be it RESOLVED, on recommendation of the Health and Human Services, the Government Operations, and the Budget and Capital Committees, That Tompkins County is supportive of the transfer of the financial billing operations of septage disposal from the County Finance Department to the IAWWTF effective January 1, 2009, RESOLVED, further, That the County Finance Director is charged with coordinating with the IAWWTF to ensure a smooth transition of the financial billing function. SEQR ACTION: TYPE II- 2 RESOLUTION NO. 114 - AUTHORIZING AGREEMENT FOR PHASES 2 AND 3 FOR HEALTH BENEFITS CONSORTIUM CONSULTANT MOVED by Mr. Burbank, seconded by Mr. Proto, 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 Health Benefits Consortium for the employees of all municipalities within Tompkins County, and WHEREAS, once the Health Benefits Plan is designed, each participating municipality will be expected to sign an inter -municipal health benefits consortium agreement that defines the consortium structure, and WHEREAS, the details concerning an inter -municipal health benefits consortium are complex and require expert consulting from a firm experienced with municipal health benefits consortiums, and 162 June 17, 2008 WHEREAS, the Tompkins County Council of Governments (TCCOG) recognized the due diligence performed by the Health Benefits Steering Committee in recommending Locey & Cahill, LLC as the Phase I consultant for the Shared Municipal Services Incentive (SMSI) Health Benefits grant project, and WHEREAS, it makes sense to have one expert consulting firm to represent the interests of the future consortium rather than each municipality retaining a consultant, and WHEREAS, the County, on behalf of the Steering Committee, issued a Request for Proposals (RFP) for a consultant for Phases 2 (plan design) and 3 (implementation), and WHEREAS the Steering Committee reviewed seven proposals, and interviewed four firms, and WHEREAS, the Steering Committee determined that the best qualified firm is Locey & Cahill, LLC, and recommended to TCCOG that Locey & Cahill, LLC serve as the Phases 2 and 3 consultant for TCCOG, and WHEREAS, the Tompkins County Council of Governments (TCCOG) requests that the County select Locey & Cahill, LLC as the Phases 2 and 3 consultant, now therefore be it RESOLVED, on recommendation of the Government Operations Committee and the Tompkins County Council of Governments (TCCOG), That the County enter into an agreement with Locey & Cahill, LLC, of Syracuse, New York, to provide consulting services to guide TCCOG' s future health benefits consortium for Phases 2 and 3 at a rate not to exceed $61,400 total, RESOLVED, further, That the agreement will provide an option of renewal of the agreement at the end of Phase 3 to continue consulting for five years at a rate not to exceed $48,000 annually, RESOLVED, further, That the County will pay an additional amount up to $3,000 per month through Phase 2 for support services, RESOLVED, further, That 100 percent of the funds to pay for services in Phases 2 and 3 are paid from the SMSI Grant as approved by the State, with any outstanding balance charged back to the consortium. SEQR ACTION: TYPE 1I-20 RESOLUTION NO. 115 — AUTHORIZATION OF CONTRACT BETWEEN THE TOMPKINS COUNTY OFFICE OF EMPLOYMENT AND TRAINING AND THE CENTRAL NEW YORK AREA HEALTH EDUCATION CENTER AND BUDGET ADJUSTMENT MOVED by Mr. Burbank, seconded by Mr. Proto, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the Commission on Health Care Facilities in the 21st Century was created by former Governor Pataki and the New York State Legislature to undertake a rational, independent review of health-care capacity and resources in New York State, and WHEREAS, the Commission report commonly known as the Berger Commission Report was released and recommended changes to the regional and local supply of hospital and nursing home facilities, and WHEREAS, employees impacted by the Berger Commission Report will need to be retrained and career counseling services provided, and WHEREAS, the Central New York Area Health Education Center has a grant from the New York State Department of Health and desires to contract with the Tompkins County Office of Employment and Training to provide such services, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the contract with the Central New York Area Health Education Center is hereby approved, RESOLVED, further, That the County Administrator or his designee is hereby authorized to execute the necessary contracts, 163 June 17, 2008 RESOLVED, further, That the Director following budget adjustment: REVENUE: 6292.43790 APPROPRIATION: 6292.44790 6292.44792 6292.44793 6292.44794 SEQR ACTION: TYPE II -20 of Finance is authorized State Aid Job Training Federal Aid Job Training Federal Aid, WIA Adult Federal Aid, WIA Youth Federal Aid, WIA DW and directed to make the $39,486 ($ 159) ($ 3,514) ($23,968) ($11,845) RESOLUTION NO. 116 — AUTHORIZATION OF CONTRACT BETWEEN THE TOMPKINS COUNTY WORKFORCE INVESTMENT BOARD AND THE TOMPKINS COUNTY CHAMBER OF COMMERCE AND BUDGET ADJUSTMENT MOVED by Mr. Burbank, seconded by Mr. Prato, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the Tompkins County Chamber of Commerce has received grant funding from the New York State Department of Labor to operate an Internship Program to for-profit businesses for high school and college students, and WHEREAS, the Program will connect for-profit employers and potential interns and will increase the number of youth internship opportunities for young people in Tompkins County, and WHEREAS, interns wages will be paid by the employers, and WHEREAS, the Chamber of Commerce wishes to contract with the Tompkins County Workforce Investment Board for technical assistance in the start-up, management, and compliance with State reporting requirements for the Program, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the contract with the Tompkins County Chamber of Commerce is hereby approved, RESOLVED, further, That the County Administrator or his designee is hereby authorized to execute the necessary contracts, RESOLVED, further, That the Director of Finance is authorized and directed to make the following budget adjustment: REVENUE: 6290.42225 Local Revenue — Federal $10,620 6290.44959 Federal Aid Job Training ($10,620) SEQR ACTION: TYPE II -20 RESOLUTION NO. 117 — DESIGNATION OF TOURISM PROMOTION AGENCY FOR STATE FISCAL YEAR 2008-2009 MOVED by Mr. Burbank, seconded by Mr. Proto, 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 164 June 17, 2008 RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the designation of the TPA for State Fiscal Year 2008-2009 be awarded to the Ithaca/Tompkins County Convention and Visitor's Bureau (IITCCVB), 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. 118 — BUDGET ADJUSTMENTS — VARIOUS DEPARTMENTS MOVED by Mr. Burbank, 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 Planning, Development, and Environmental Quality Committee, That the Director of Finance be directed to make the following budget adjustments on his books: Office of Employment and Training Revenue Acct Title Amt Approp Acct Title(s) 6292.44795 Federal Aid, TANF $15,000 6292.51000051 Participant Wages Summer Youth Explanation: Increase in 2008 TANF Summer Youth Program fund will allow for a greater number of youth to be served this summer. Workforce Investment Board Revenue Acct Title Amt Approp Acct Title(s) 6290.43795 Federal Aid, TANF $30,000 6290.54491 Subcontracts Summer Youth Explanation: Increase in 2008 TANF Summer Youth Program fund will allow for a greater number of youth to be served this summer and these additional funds will be subcontracted. Administration — Tourism Revenue Acct Title Amt Approp Acct Title(s) 3090.8000 Room Tax Reserve $ 64,066 6475.54626 Tourism Marketing and Advertising Grants 3090.8000 Room Tax Reserve $ 98,000 6475.54628 New Tourism Initiative Grants 3090.8000 Room Tax Reserve $108,044 6475.54624 Tourism Project Grants Explanation: Open another round of grants in 2008 since demand was high in Spring 2008. SEQR ACTION: TYPE II -20 RESOLUTION NO. 119 — AUTHORIZATION TO RESCIND RESOLUTION NO. 115 OF 2007 TRANSFER OF THE TOMPKINS COUNTY ECONOMIC DEVELOPMENT REVOLVING LOAN FUND TO TOMPKINS COUNTY AREA DEVELOPMENT, INC. MOVED by Mr. Burbank, seconded by Mr. Proto, and unanimously adopted by voice vote by members present under the Consent Agenda. 165 June 17, 2008 WHEREAS, Resolution No. 115 of 2007 was intended to transfer the Economic Development Revolving Loan Fund in its entirety to Tompkins County Area Development, and WHEREAS, it has been determined that the Fund will be administered through a grant program to Tompkins County Area Development, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That Resolution No. 115 of 2007 authorizing the transfer of the Tompkins County Economic Development Revolving Loan Fund to Tompkins County Area Development, Inc. is hereby rescinded. SEQR ACTION: TYPE II -20 RESOLUTION NO. 120 — AUTHORIZATION TO SUBMIT CERTIFICATE -OF -NEED APPLICATION TO ADD MEDICAL SOCIAL SERVICES TO OPERATING CERTIFICATES — HEALTH DEPARTMENT MOVED by Mr. Burbank, seconded by Mr. Proto, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, Tompkins County Health Department currently operates a certified home health agency (Tompkins County Home Health Care) and a diagnostic and treatment center for maternal -child services and requests approval to add medical social services to its operating certificates, and WHEREAS, the provision of medical social services will benefit the needs of patients with complex family issues and will assist health department staff in coordinating appropriate resources, and WHEREAS, the addition of a Medical Social Worker would enhance the quality of our care, and our ability to obtain managed-care contracts and preferred -provider status, and WHEREAS, the Quality Improvement Sub -committee and the Professional Advisory Committee have repeatedly recommended the addition of a Medical Social Worker based on needs identified through patient record reviews, and WHEREAS, funds were allocated for a part-time contract Medical Social Worker in the 2008 budget, now therefore be it RESOLVED, on recommendation of the Tompkins County Board of Health and the Health and Human Services Committee, That the Health Department is authorized to submit a certificate -of -need application for approval from the New York State Department of Health to add medical social services to its operating certificates. SEQR ACTION: TYPE II -20 Approval of Appointment(s) Under the Consent Agenda It was MOVED by Mr. Burbank, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, to approve the following appointment(s) under the Consent Agenda: Workforce Diversity and Inclusion Committee Patricia Carey — County Staff representative — term to expire December 31, 2010 Larry Roberts — Community Member representative — term to expire December 31, 2010 Presentation of Resolution(s) from the Budget and Capital Committee RESOLUTION NO. 121 - APPROVAL OF TOMPKINS CORTLAND COMMUNITY COLLEGE PROFESSIONAL ADMINISTRATORS ASSOCIATION AGREEMENT FOR THE YEARS 2008-2013 MOVED by Mr. Shinagawa, seconded by Ms. Mackesey. 166 June 17, 2008 It was MOVED by Mr. Proto, seconded by Ms. Kiefer, to enter into an executive session to discuss contractual matters. A voice vote resulted as follows: Ayes — 13, Noes — 1 (Legislator Stevenson), Excused — 1 (Legislator Randall). MOTION CARRIED. An executive session was held from 6:38 p.m. to 6:50 p.m. A voice vote on the resolution resulted as follows: Ayes —13, Noes — 0, Temporarily Out of the Room — 1 (Legislator Herrera), Excused — 1 (Legislator Randall). RESOLUTION ADOPTED. WHEREAS, the contractual agreement between Tompkins Cortland Community College and the Professional Administrators Association expires August 31, 2008, and WHEREAS, the College negotiating committee, comprised of representatives of the College administration and the sponsoring counties, met in collective bargaining with representatives of the Professional Administrators Association, and WHEREAS, the negotiating teams reached agreement, and WHEREAS, the Board of Trustees of Tompkins Cortland Community College accepts the report of the negotiating teams and recommends the proposed agreement to the Cortland and Tompkins County legislative bodies for their approval, now therefore be it RESOLVED, on recommendation of the Budget and Capital Committee, That the Tompkins County Legislature hereby approves the above said agreement, RESOLVED, further, That this resolution shall become effective upon the adoption of a concurrent resolution by the Cortland County Legislature. SEQR ACTION: TYPE II -20 RESOLUTION NO. 122 — APPROVAL OF TOMPKINS CORTLAND COMMUNITY COLLEGE FACULTY ASSOCIATION AGREEMENT FOR THE YEARS 2008 — 2013 MOVED by Mr. Shinagawa, seconded by Mr. Hattery, and unanimously adopted by voice vote by members present. RESOLUTION ADOPTED. WHEREAS, the contractual agreement between Tompkins Cortland Community College and the Faculty Association expires August 31, 2008, and WHEREAS, the College negotiating committee, comprised of representatives of the College administration and the sponsoring counties, met in collective bargaining with representatives of the Faculty Association, and WHEREAS, the negotiating teams reached agreement, and WHEREAS, the Board of Trustees of Tompkins Cortland Community College accepts the report of the negotiating teams and recommends the proposed agreement to the Cortland and Tompkins County legislative bodies for their approval, now therefore be it RESOLVED, on recommendation of the Budget and Capital Committee, That the Tompkins County Legislature hereby approves the above said agreement, RESOLVED, further, That this resolution shall become effective upon the adoption of a concurrent resolution by the Cortland County Legislature. SEQR ACTION: TYPE II -20 RESOLUTION NO. 123 - ADOPTION OF 2008-2009 OPERATING BUDGET — TOMMPKINS CORTLAND COMMUNITY COLLEGE MOVED by Mr. Shinagawa, seconded by Mr. Hattery. It was MOVED by Ms. Kiefer, seconded by Mr. Stevenson, to amend the first Resolved as follows: 167 2008 Salary Adjustments for Management, CSEA and White Collar 4/29/200 Account 2008 Adopted 2008 Modified Difference A Fund Distribution 9041 9101 Expense SALARY PLACEHOLDER 51000 1,400,000 311,004 -1,088,996 1,400,000 311,004 -1,088,996 Expense CENTRALIZE FRINGE 58800 9,801,202 10,072,337 271,135 9,801,202 10,072,337 271,135 Change: -817,861 Assigned Counsel 1170 Expense SUPERVISING ATTRNY 51000275 25,510 25,510 0 PROGRAM COORD AC 51000670 41,383 42,624 1,241 SECRETARY 51000671 35,492 36,557 1,065 102,385 104,691 2,306 Change: 2,306 Board of Elections 1450 Expense DEPUTY COMM OF ELECTIONS 51000175 89,864 92,560 2,696 COMM R. OF ELECT. 51000201 135,344 139,404 4,060 CLERK 51000503 24,033 24,754 721 SR ELECTIONS CLERK 51000691 73,230 75,427 2,197 SENVOTGMACTECH 51000793 8,000 8,240 240 330,471 340,385 9,914 Change: 9,914 County Administration 1230 1988 1989 Expense COUNTY ADMIN. 51000253 108,983 112,252 3,269 DEPUTY CO. ADMN. 51000282 112,028 115,389 3,361 EXEC ASST TO C/ADM 51000316 50,838 52,363 1,525 SECRETARY 51000330 35,493 36,558 1,065 307,342 316,562 9,220 Expense PUBLIC INF OFFICER 51000340 50,838 52,363 1,525 50,838 52,363 1,525 Expense CONTRACTS COORD 51000338 50,838 52,363 1,525 50,838 52,363 1,525 Change: 12,270 200 2008 Salary Adjustments for Management, CSEA and White Collar 4/29/200 Account 2008 Adopted 2008 Modified Difference County Attorney 1420 Expense COUNTY ATTORNEY 51000248 108,583 111,841 3,258 DEP CNTY ATTNY 51000262 47,840 49,275 1,435 PARALEGAL TO CA 51000312 52,428 54,000 1,572 SEC/PARALEG AIDE CA 51000337 42,695 43,976 1,281 251,546 259,092 7,546 Change: 7,546 County Clerk 1410 1411 Expense DEPUTY CO. CLERK 51000202 51,237 52,363 1,126 PRINC RECORD CLERK 51000685 117,616 120,118 2,502 RECORDING CLERK 51000687 65,076 66,000 924 SR RECORDING CLERK 51000690 38,537 39,693 1,156 272,466 278,174 5,708 Revenue 41255 142,394 150,271 7,877 142,394 150,271 7,877 Expense DEPUTY CO. CLERK 51000202 51,337 52,363 1,026 MTR. VEH. EXAM 51000505 206,418 212,148 5,730 SR MOTOR VEHICLE EXAMINER 51000799 72,258 74,426 2,168 330,013 338,937 8,924 Revenue 41255 145,000 157,315 12,315 145,000 157,315 12,315 Change: -5,560 Department of Assessment 1355 Expense ASST DIR ASSESSMENT 51000181 67,667 69,697 2,030 DIR. OF ASSESS. 51000244 81,876 84,332 2,456 ASSISTANT ASSESSOR 51000577 42,695 43,976 1,281 REAL PROP. APPRAISER 51000709 254,190 261,816 7,626 GIS TECH 51000713 35,493 36,558 1,065 REAL PROP SYS SPEC 51000730 89,864 92,560 2,696 VALUE SPECIALIST 51000735 55,924 57,602 1,678 ASST ASMT ACT SPEC 51000768 64,078 66,000 1,922 SENIOR VALUATION SPEC 51000796 61,513 63,358 1,845 753,300 775,899 22,599 Change: 22,599 201 2008 Salary Adjustments for Management, CSEA and White Collar 4/29/200 Account 2008 Adopted 2008 Modified Difference District Attorney 1164 1165 Expense VICTIM & RECOVERY SP 51000342 44,871 43,966 -905 44,871 43,966 -905 Expense ASST DA, LOCAL CRIM COURT 51000176 55,924 57,602 1,678 ASST. DIS. ATTORN. 51000228 372,170 383,335 11,165 DEP DISTRICT ATTNY 51000277 81,876 84,332 2,456 SECRETARY, DA 51000311 44,932 46,280 1,348 SECRETARY 51000330 70,986 73,116 2,130 VICTIM & RECOVERY SP 51000342 2,425 2,314 -111 SEC/L-AID DA 51000356 14,733 15,392 659 PARALEGAL AIDE 51000619 0 2,218 2,218 643,046 664,589 21,543 Change: 20,638 District Attorney - STOP DWI 4250 Expense STOP -DWI COORD. Revenue 51000223 27,962 28,801 839 27,962 28,801 839 42615 215,905 217,063 1,158 215,905 217,063 1,158 Change: -319 Emergency Response 3410 Expense ASST FIRE & EMERG MGT DIR 51000169 44,932 46,280 1,348 COMMUNICATION CENTER MNGR 51000173 55,924 57,602 1,678 COMMUNIC. CENTER DIRECTOR 51000188 29,974 30,358 384 ADMIN. ASSISTANT 51000535 18,193 18,512 319 EMERG SVCS DISP. 51000551 737,562 717,340 -20,222 TELECOMM TECH 51000678 40,563 46,280 5,717 E911 PROGRAM SPCLT 51000792 36,614 37,713 1,099 SYSTEMS MANAGER 51000794 56,324 57,602 1,278 DISPATCH SUPERVISOR 51000797 197,717 243,496 45,779 EMERG SVCS DISP 51200551 37,716 38,848 1,132 SR EMERG SVC DIS 51200751 16,363 16,854 491 EMERG SVCS DISP 51300551 16,891 16,891 0 SR EMERG SVC DIS 51300751 8,446 8,699 253 1,297,219 1,336,475 39,256 202 2008 Salary Adjustments for Management, CSEA and White Collar 4/29/200 Account 2008 Adopted 2008 Modified Difference Emergency Response 4189 Expense ASST EMS DIR 51000180 22,466 23,140 674 COMMUNIC. CENTER DIRECTOR 51000188 44,960 46,309 1,349 ADMIN. ASSISTANT 51000535 27,289 27,768 479 FRINGE 58800 35,992 36,430 438 130,707 133,647 2,940 Change: 42,196 Facilities Division 1620 Expense ASST DIR FACIL 51000177 61,513 63,358 1,845 DIR OF FACILITIES 51000179 74,434 76,667 2,233 ADMIN. ASSISTANT 51000535 39,316 40,495 1,179 SECRETARY 51000671 35,493 36,558 1,065 CLEANER 51000801 407,248 422,312 15,064 SENIOR CLEANER 51000803 71,392 74,032 2,640 SEASONAL WORKER 51000804 11,709 12,142 433 ELECTRICIAN 51000822 46,101 47,805 1,704 CLEANING SUPER 51000823 41,616 43,154 1,538 GEN MAINT SUPER 51000861 43,802 45,421 1,619 HVAC SYS TECH 51000862 92,202 95,610 3,408 MAINT MECHANIC 51000863 71,392 74,032 2,640 CARPENTER 51000864 41,616 43,154 1,538 FAC SHOPKEEPER 51000865 35,696 37,016 1,320 OVERTIME 51200 10,000 10,370 370 SHIFT PAY 51300 11,900 12,340 440 PUBLIC WORKS ADMINISTRATION 54607 38,092 40,051 1,149 1,133,522 1,174,517 40,185 Change: 40,185 Finance Department 1310 1315 1345 Expense COMPTROLLER 51000246 15,390 17,348 1,958 BGT & FIN MANAGER 51000296 61,824 63,358 1,534 ADMIN ASSISTANT 51000326 67,709 69,420 1,711 PRIN ACCT CLKTYP 51000334 42,876 43,976 1,100 187,799 194,102 6,303 Expense COMPTROLLER 51000246 83,717 84,701 984 DIR ACCT SVCS 51000252 61,539 63,358 1,819 SR ACCT CLERK/TYP 51000320 38,553 39,693 1,140 ADMIN ASSISTANT 51000326 22,586 23,140 554 AUDITOR 51000327 50,860 52,363 1,503 PAYROLL COORDINATOR 51000331 50,860 52,363 1,503 PAYROLL SPECIALIST 51000349 42,713 43,976 1,263 SR ACCT CLERK/TYPIST 51200320 0 1,263 1,263 350,828 360,857 10,029 203 2008 Salary Adjustments for Management, CSEA and White Collar 4/29/200 Account 2008 Adopted 2008 Modified Difference Finance Department Expense BUYER 51000614 45,100 46,280 1,180 45,100 46,280 1,180 Change: 17,512 Health Department 4010 4012 4013 4014 4015 Expense PUB. HEALTH ADMN. 51000232 65,129 67,083 1,954 PUBLIC HLTH. DIR. 51000250 78,809 81,173 2,364 MEDICAL DIRECTOR 51000254 24,568 25,121 553 KEYBD SPEC 51000507 43,968 45,286 1,318 ADMIN. ASSISTANT 51000535 66,837 68,842 2,005 ADMIN COORDINATOR 51000674 41,383 42,624 1,241 SYSTEMS ANALYST 51000719 44,483 45,817 1,334 BIO TERR PREP COORD 51000780 48,933 50,401 1,468 FRINGE 58800 158,425 163,075 4,650 572,535 589,422 16,887 Expense SENIOR CLERK 51000518 60,880 62,706 1,826 WIC PROG NUTRITIONIST 51000572 91,213 93,949 2,735 WIC PROG. DIR. 51000598 44,483 45,817 1,334 HEALTH AIDE 51000654 32,039 33,000 961 NUTRITION EDUCATOR 51000785 20,597 16,500 -4,097 FRINGE 58800 95,371 96,420 1,049 344,583 348,392 3,808 Revenue 44402 406,690 410,498 3,808 406,690 410,498 3,808 Expense EMP SAFETY & HEALTH COOR 51000297 41,383 42,624 1,241 FRINGE 58800 15,878 16,349 471 57,261 58,973 1,712 Expense DEP. MED. EXAM. 51000166 0 14,758 14,758 DEP. MED. EXAM. 51000315 14,328 0 -14,328 FRINGE 58800 5,462 5,625 163 19,790 20,383 593 Revenue 43401 16,491 16,646 155 16,491 16,646 155 Expense ONCALL 51000 1,646 1,696 50 DEP REG VITAL REC 51000776 35,493 36,558 1,065 FRINGE 58800 14,113 14,537 424 51,252 52,791 1,539 204 2008 Salary Adjustments for Management, CSEA and White Collar 4/29/200 Account 2008 Adopted 2008 Modified Difference Health Department 4016 4047 4090 4095 Expense ONCALL 51000 72,460 74,634 2,174 DIR OF PAT. SRVCS. 51000230 74,434 76,667 2,233 ACCT. CLERK/TYPIST 51000513 86,775 89,379 2,604 SENIOR CLERK 51000518 30,440 31,353 913 SR. ACCOUNT CLERK/TYPIST 51000529 94,416 97,250 2,834 PHYS. THERAPIST 51000579 97,866 100,802 2,936 COMM HEALTH NURSE 51000580 709,529 730,815 21,286 SUPV COMM HLTH NUR 51000601 118,414 121,966 3,552 TEAM LEADER 51000656 215,297 221,756 6,459 PLANNER/EVALUATOR 51000672 44,483 45,817 1,334 HLTH ED PROMO DIR 51000716 48,933 50,401 1,468 FRINGE 58800 608,474 626,636 18,162 2,201,521 2,267,476 65,955 Expense PUB HEALTH SOCIAL WRKR 51000080 33,720 34,732 1,012 DIR/CHILD W/SPEC 51000292 65,129 67,083 1,954 KEYBD SPEC 51000507 27,480 28,304 824 ACCT. CLERK/TYPIST 51000513 28,925 29,793 868 SR. ACCOUNT CLERK/TYPIST 51000529 67,440 69,464 2,024 COMM HEALTH NURSE 51000580 293,598 302,406 8,808 TEAM LEADER 51000656 53,824 55,439 1,615 ADMIN COORDINATOR 51000674 41,383 42,624 1,241 DIR PRE SPEC ED 51000775 48,933 50,401 1,468 FRINGE 58800 252,067 259,595 7,528 912,499 939,841 27,342 Expense DIR OF ENVIR HEALTH 51000167 65,129 67,083 1,954 KEYBD SPEC 51000507 31,013 31,943 930 ACCT. CLERK/TYPIST 51000513 34,297 35,326 1,029 SR. ACCOUNT CLERK/TYPIST 51000529 33,720 34,732 1,012 PUB HEALTH SANIT. 51000595 413,987 426,402 12,415 SR PUB HLTH SANIT 51000607 215,296 221,757 6,461 PUBLIC HEALTH ENG 51000640 53,824 55,439 1,615 FRINGE 58800 323,901 333,559 9,658 1,171,167 1,206,241 35,074 Revenue 43401 1,372,609 1,410,503 37,894 1,372,609 1,410,503 37,894 Change: 111,053 Highway Division 3310 Expense SIGN MECHANIC 51000813 37,569 38,957 1,388 SR SIGN MECHANIC 51000866 41,616 43,154 1,538 OVERTIME 51200 1,558 1,616 58 SHIFT PAY 51300 50 52 2 80,793 83,779 2,986 205 2008 Salary Adjustments for Management, CSEA and White Collar 4/29/200 Account 2008 Adopted 2008 Modified Difference Highway Division 5010 5110 5111 Revenue 42801 270,203 273,189 2,986 270,203 273,189 2,986 Expense COUNTY HWY MANAGER 51000266 74,434 76,667 2,233 ADMIN. ASSISTANT 51000535 44,932 46,280 1,348 SECRETARY 51000671 40,563 41,780 1,217 159,929 164,727 4,798 Revenue 42801 169,396 174,194 4,798 169,396 174,194 4,798 Expense CLEANER 51000801 13,388 13,883 495 SEASONAL WORKER 51000804 130,000 134,810 4,810 LABORER 51000806 13,388 13,883 495 MOTOR EQUIP OPER 51000809 428,352 444,191 15,839 HEAVY EQUIP OPER 51000810 300,552 311,655 11,103 WELDER 51000812 41,616 43,154 1,538 SR HI CREW SUPER 51000825 46,101 47,805 1,704 ENGINEERING TECH 51000835 35,696 37,016 1,320 ASSOC CIVIL ENG 51000837 102,617 106,414 3,797 BRIDGE MECHANIC 51000840 16,646 17,262 616 HIGHWAY CREW SUPV 51000841 131,406 136,263 4,857 CIVIL ENGINEER 51000842 49,558 51,390 1,832 HIGHWAY TECHNICIAN 51000850 46,101 47,805 1,704 OVERTIME 51200 31,125 32,277 1,152 54424 1,008,410 1,017,421 9,011 PUBLIC WORKS ADMINISTRATION 54607 38,902 40,051 1,149 2,433,858 2,495,280 61,422 Revenue 42801 569,049 630,471 61,422 569,049 630,471 61,422 Expense ASSOC CIVIL ENG 51000837 25,929 26,888 959 BRIDGE MECHANIC 51000840 24,970 25,893 923 50,899 52,781 1,882 Revenue 42801 569,049 570,931 1,882 569,049 570,931 1,882 206 2008 Salary Adjustments for Management, CSEA and White Collar 4/29/200 Account 2008 Adopted 2008 Modified Difference Highway Division 5130 5142 5144 9104 9522 Expense EQUIPMENT SERV MGR 51000276 44,932 46,280 1,348 HEAVY EQUIP MECH 51000849 124,848 129,462 4,614 EQUIPMENT SVC TECH 51000856 75,138 77,914 2,776 OVERTIME PAY 51200 2,688 2,776 88 SHIFT PAY 51300 5,000 5,185 185 252,606 261,617 9,011 Revenue 42801 1,367,660 1,376, 671 9,011 1,367,660 1,376,671 9,011 Expense HEAVY EQUIP OPER 51000810 37,569 38,957 1,388 OVERTIME 51200 35,000 36,295 1,295 SHIFT PAY 51300 500 519 19 73,069 75,771 2,702 Revenue 42801 832,794 835,496 2,702 832,794 835,496 2,702 Expense HEAVY EQUIP OPER 51000810 37,569 38,957 1,388 OVERTIME 51200 10,375 10,759 384 SHIFT PAY 51300 500 519 19 48,444 50,235 1,791 Revenue 42302 270,194 271,985 1,791 270,194 271,985 1,791 Expense FRINGE 58800 690,000 716,796 26,796 690,000 716,796 26,796 Revenue 42801 690,000 716,796 26,796 690,000 716,796 26,796 Expense PROGRAM EXPENSE 54400 5,268,645 5,380,033 111,388 5,268,645 5,380,033 111,388 Change: 111,388 207 2008 Salary Adjustments for Management, CSEA and White Collar 4/29/200 Account Human Rights Commission 2008 Adopted 2008 Modified Difference 8040 Expense DIR. OF HUMAN RIGHTS RECEPTIONIST KEYBD SPEC PARALEGAL AIDE SR PARALEGAL AIDE 51000284 51000506 51000507 51000619 51000736 44,791 27,480 0 35,493 50,838 158,602 46,000 1,209 28,304 824 135 135 36,558 1,065 52,363 1,525 163,360 4,758 Change: 4,758 Information Technology Services 1680 1683 1685 Expense DIR INF TECH SVCS PROGRAMMER/ANALYST SYSTEMS ANALYST TECH MICROCOMPUTER SPEC ADMIN COMPUTER ASST NET/SYSTEMS/ADM IN TELCOM/PRGRMING AD FIN SYSTEMS ADMIN Expense GIS TECH GIS PROJECT LEADER Expense MICROCOMPUTER SPEC 51000195 51000622 51000637 51000638 51000731 51000738 51000739 51000766 51000713 51000732 51000638 90,068 41,383 55,923 22,466 44,932 61,513 61,513 61,513 439,311 40,562 55,923 96,485 22,466 22,466 92,770 42,624 57,601 23,140 46,280 63,358 63,358 63,358 452,489 41,780 57,601 99,381 2,702 1,241 1,678 674 1,348 1,845 1,845 1,845 13,178 1,218 1,678 2,896 23,140 674 23,140 674 Change: 16,748 Ithaca Tompkins Regional Airport 5610 Expense AIRPORT MANAGER AST AIRPRT MANAGER ADMIN COORDINATOR FRINGE Revenue 51000225 51000274 51000674 58800 41770 77,039 57,881 48,951 259,543 443,414 496,951 496,951 76,667 57,602 48,715 259,206 442,190 -372 - 279 -236 - 337 -1,224 495,727 -1,224 495,727 -1,224 Change: 0 208 2008 Salary Adjustments for Management, CSEA and White Collar 4/29/200 Account 2008 Adopted 2008 Modified Difference Ithaca -Tompkins County Transportation Council 8671 8675 Expense FRINGE 58800 71,058 71,199 141 71,058 71,199 141 Expense TRANS PLANNING DIR 51000295 76,113 76,667 554 ADMIN. ASSISTANT 51000535 40,496 40,495 -1 TRANS ANALYST 51000676 42,624 42,624 0 PLAN ANALYST 51000684 32,531 32,350 -181 191,764 192,136 372 Revenue 44959 318,039 318,552 513 318,039 318,552 513 Change: 0 Legislature 1040 Expense CLERK, LEGISLATURE 51000178 67,667 69,697 2,030 DEP CLERK, LEGISLA 51000351 47,296 48,715 1,419 CHIEF DEP CLERK 51000355 50,838 52,363 1,525 165,801 170,775 4,974 Change: 4,974 Mental Health Department 4310 4311 Expense DEP COMM MENT HLTH 51000196 79,492 82,669 3,177 COMM MH SVCS 51000285 96,191 102,049 5,858 CLERK 51000503 15,220 13,447 -1,773 CASE AIDE 51000511 128,156 132,000 3,844 SENIOR TYPIST 51000519 32,038 33,000 962 SR. ACCOUNT CLERK/TYPIST 51000529 67,440 69,464 2,024 ADMIN. ASSISTANT 51000535 174,112 179,335 5,223 SECRETARY 51000671 35,493 36,558 1,065 PRIN ACCT CLK TYP 51000673 76,317 78,607 2,290 SYSTEMS ANALYST 51000719 50,838 45,817 -5,021 CORD DUAL RECOVERY SRVS 51000770 61,512 63,357 1,845 FISCAL COORDINATOR 51000782 50,838 52,363 1,525 867,647 888,666 21,019 Expense DIR MENT. HLT CLIN 51000237 79,490 84,332 4,842 PSYCHIATRIST 51000260 257,851 265,588 7,737 PROGRAM DIR. CSS 51000294 63,232 67,083 3,851 MEDICAL DIRECTOR/MH 51000298 160,274 165,082 4,808 CASE AIDE 51000511 64,078 66,000 1,922 CASEWORKER 51000562 88,966 91,635 2,669 SR. CASEWORKER 51000581 48,933 50,401 1,468 COMM MENT HLT NURSE 51000591 229,985 236,885 6,900 PSYCH. SOC. WORKER 51000599 645,888 665,265 19,377 209 2008 Salary Adjustments for Management, CSEA and White Collar 4/29/200 Account 2008 Adopted 2008 Modified Difference Mental Health Department 4312 4314 4316 4335 4338 SUPV. PSYCHOLOGIST 51000611 81,875 84,332 2,457 CLINIC SUPERVISOR 51000653 288,431 297,084 8,653 FORENSIC COUNSEL 51000675 107,648 110,877 3,229 NURSE PRAC/PHYS ASST 51000712 130,258 134,166 3,908 CASEWORKER ASST 51000750 37,358 38,479 1,121 2,284,267 2,357,209 72,942 Expense PRG. DIR. DAY TR MT 51000255 73,855 76,667 2,812 COMM MENT HLT NURSE 51000591 97,866 100,802 2,936 PSYCH. SOC. WORKER 51000599 53,823 55,438 1,615 CONT TREATMT SPEC 51000621 165,032 169,983 4,951 390,576 402,890 12,314 Expense PRIN ACCT CLK TYP 51000673 3,736 3,848 112 3,736 3,848 112 Expense CASEWORKER 51000562 177,932 183,270 5,338 SR. CASEWORKER 51000581 48,933 50,401 1,468 226,865 233,671 6,806 Expense CASEWORKER 51000562 177,932 183,270 5,338 SR. CASEWORKER 51000581 48,933 50,401 1,468 226,865 233,671 6,806 Expense CASEWORKER 51000562 44,483 45,817 1,334 COMM MENT HLT NURSE 51000591 48,933 50,401 1,468 93,416 96,218 2,802 Change: 122,801 Office for the Aging 6771 6772 6774 Expense AGING SVCS SPECIAL 51000559 2,870 2,749 -121 2,870 2,749 -121 Expense DIR, OFF. FOR AGING 51000215 60,458 62,724 2,266 OUTREACH WORKER 51000517 6,861 6,946 85 SR. ACCOUNT CLERK/TYPIST 51000529 31,706 32,747 1,041 AGING SVCS SPECIAL 51000559 19,677 20,160 483 PRIN ACCT CLK TYP 51000673 28,186 29,243 1,057 146,888 151,820 4,932 Expense ACCT. CLERK/TYPIST 51000513 706 596 -110 DIETITIAN 51000752 9,042 9,314 272 9,748 9,910 162 210 2008 Salary Adjustments for Management, CSEA and White Collar 4/29/200 Account 2008 Adopted 2008 Modified Difference Office for the Aging 6775 6776 6777 6778 6779 6780 6781 6782 6787 6790 6793 Expense SR. ACCOUNT CLERK/TYPIST 51000529 291 372 81 AGING SVCS SPECIAL 51000559 4,422 4,582 160 PRIN ACCT CLK TYP 51000673 298 385 87 5,011 5,339 328 Expense ACCT. CLERK/TYPIST 51000513 2,824 2,979 155 2,824 2,979 155 Expense AGING SVCS SPECIAL 51000559 8,709 9,163 454 AGING SVCS PLANNER 51000571 44,483 45,817 1,334 53,192 54,980 1,788 Expense OUTREACH WORKER 51000517 14,712 15,282 570 AGING SVCS SPECIAL 51000559 4,241 4,582 341 18,953 19,864 911 Expense PRIN ACCT CLK TYP 51000673 0 0 0 0 0 0 Expense ACCT. CLERK/TYPIST 51000513 13,825 14,301 476 PRIN ACCT CLKTYP 51000673 5,875 6,157 282 19,700 20,458 758 Expense SR. ACCOUNT CLERK/TYPIST 51000529 483 372 -111 AGING SVCS SPECIAL 51000559 28,706 29,781 1,075 29,189 30,153 964 Expense AGING SVCS SPECIAL 51000559 19,868 20,618 750 19,868 20,618 750 Expense OUTREACH WORKER 51000517 39,661 40,984 1,323 SR. ACCOUNT CLERK/TYPIST 51000529 2,391 2,605 214 PRIN ACCT CLK TYP 51000673 2,364 2,309 -55 44,416 45,898 1,482 Expense DIR, OFF. FOR AGING 51000215 821 634 -187 SR. ACCOUNT CLERK/TYPIST 51000529 500 373 -127 AGING SVCS SPECIAL 51000559 18,853 19,243 390 PRIN ACCT CLK TYP 51000673 500 385 -115 20,674 20,635 -39 Expense AGING SVCS SPECIAL 51000559 16,527 16,952 425 16,527 16,952 425 211 2008 Salary Adjustments for Management, CSEA and White Collar 4/29/200 Account 2008 Adopted 2008 Modified Difference Office for the Aging 6794 6795 6796 6798 Expense SR. ACCOUNT CLERK/TYPIST 51000529 624 744 120 AGING SVCS SPECIAL 51000559 7,380 7,789 409 8,004 8,533 529 Expense AGING SVCS SPECIAL 51000559 4,736 5,040 304 4,736 5,040 304 Expense OUTREACH WORKER 51000517 19,431 20,145 714 19,431 20,145 714 Expense AGING SVCS SPECIAL 51000559 6,356 6,414 58 6,356 6,414 58 Change: 14,100 Personnel Department 1346 1430 1460 Expense MAIL CLERK 51000615 28,925 29,793 868 28,925 29,793 868 Expense DEP COMM PERSONNEL 51000174 61,513 63,358 1,845 EMP BENEFITS MGR 51000183 61,513 63,358 1,845 COMM. OF PERSONNEL 51000242 90,068 92,770 2,702 SECRETARY 51000330 30,879 2,318 -28,561 PERSONNEL ASST 51000333 122,746 85,203 -37,543 ADMIN SRVCS COORD 51000341 47,296 48,715 1,419 PERS ASST TRAINEE 51000357 0 70,713 70,713 414,015 426,435 12,420 Expense MAIL AND RECORD CLERK 51000789 30,440 31,353 913 30,440 31,353 913 Change: 14,201 212 2008 Salary Adjustments for Management, CSEA and White Collar 4/29/200 Account 2008 Adopted 2008 Modified Difference Planning Department 8020 Expense COMM PLAN & PUBLIC WORKS 51000170 49,538 51,024 1,486 DEP COMM PLANNING 51000283 67,667 69,697 2,030 PLANNER 51000590 47,296 48,715 1,419 SR.PLANNER 51000609 101,676 104,726 3,050 SECRETARY 51000671 40,563 41,780 1,217 PRIN ACCT CLKTYP 51000673 42,695 43,976 1,281 GIS ANALYST 51000714 41,383 42,624 1,241 PRIN PLANNER 51000778 55,924 57,602 1,678 446,742 460,144 13,402 Change: 13,402 Probation and Community Justice Department 3140 3141 3142 Expense PROBATION DIR. II 51000238 90,068 92,770 2,702 WRK. PRJ. SUPV. 51000632 22,466 23,140 674 PROB ADMIN 51000772 50,838 52,363 1,525 FRINGE 58800 62,556 64,418 1,862 225,928 232,691 6,763 Revenue 42770 31,506 32,209 703 43310 30,662 31,576 914 62,168 63,785 1,617 Expense DEP PROB DIR II 51000186 14,887 15,334 447 PROBATION SUPER. 51000211 57,517 59,243 1,726 KEYBD SPEC 51000507 6,281 6,469 188 ACCT. CLERK/TYPIST 51000513 6,611 6,809 198 PROBATION ASSIST. 51000520 44,932 46,280 1,348 SR. ACCOUNT CLERK/TYPIST 51000529 7,707 7,938 231 ADMIN. ASSISTANT 51000535 8,986 9,256 270 REG. PROF. NURSE 51000565 25,419 26,182 763 SR. PROB. OFFICER 51000597 307,565 316,792 9,227 WRK. PRJ. SUPV. 51000632 67,398 69,420 2,022 MICROCOMPUTER SPEC 51000638 8,986 9,256 270 TRANS. WORKFORCE SPEC 51000783 22,466 23,140 674 FRINGE 58800 221,267 227,865 6,598 800,022 823,984 23,962 Revenue 43310 135,893 139,643 3,750 135,893 139,643 3,750 Expense DEP PROB DIR II 51000186 59,547 61,333 1,786 PROBATION SUPER. 51000211 162,401 167,273 4,872 KEYBD SPEC 51000507 25,126 25,880 754 ACCT. CLERK/TYPIST 51000513 26,446 27,239 793 SR. ACCOUNT CLERK/TYPIST 51000529 30,830 31,755 925 ADMIN. ASSISTANT 51000535 35,946 37,024 1,078 PROBATION OFFICER 51000585 660,894 680,721 19,827 213 2008 Salary Adjustments for Management, CSEA and White Collar 4/29/200 Probation and Community Justice Account Department 2008 Adopted 2008 Modified Difference 3160 SR. PROB. OFFICER MICROCOMPUTER SPEC FRINGE Revenue Expense PROBATION SUPER. SECURITY OFFICER ADMIN SVC COORD FRINGE Revenue 51000597 51000638 58800 42770 43310 51000211 51000650 51000754 58800 43310 184,539 35,946 465,964 1,687,639 455,665 216,205 671,870 50,750 77,074 47,296 66,688 241,808 38,861 38,861 190,075 37,024 479,891 1,738,215 467,016 221,835 688,851 52,272 79,386 48,715 68,684 249,057 5,536 1,078 13,927 50,576 11,351 5,630 16,981 1,522 2,312 1,419 1,996 7,249 39,996 1,135 39,996 1,135 Change: 65,067 Public Works Administration 1490 Expense COMM PLAN & PUBLIC WORKS PW ADMINISTRATOR Revenue 51000170 51000222 42801 49,538 61,512 111,050 155,608 155,608 51,024 1,486 63,357 1,845 114,381 3,331 160,205 4,597 160,205 4,597 Change: -1,266 Sheriffs Office 3110 3113 Expense EXEC ASST TO SHERIFF Expense CAPT DEP SHERIFF 51000352 51000193 55,924 55,924 74,434 74,434 57,602 1,678 57,602 1,678 76,667 2,233 76,667 2,233 Change: 3,911 214 2008 Salary Adjustments for Management, CSEA and White Collar 4/29/200 Account 2008 Adopted 2008 Modified Difference Sheriffs Office - Jail 3150 Expense CORR LIEUTENANT 51000184 55,924 57,602 1,678 UNDERSHERIFF 51000219 81,876 84,332 2,456 CHIEF CORR OFFICER 51000290 67,667 69,697 2,030 JAIL NURSE 51000707 50,838 52,363 1,525 266,306 263,994 7,689 Change: 7,689 Social Services, Department of 6010 Expense SUBSTANCE ABUSE EVALUATOR 51000076 74,716 76,957 2,241 CASE SUPERVISOR A 51000079 54,498 60,983 6,485 DIR. ADM SERVICES 51000206 81,876 84,332 2,456 SOC. SRVCS. ATTORN 51000233 190,733 196,455 5,722 COMM. SOC. SRVCS. 51000247 99,077 102,049 2,972 PROG DEVELOP SPEC 51000280 50,838 52,363 1,525 DIR. OF SVCS. 51000293 81,876 84,332 2,456 CLERK 51000503 52,222 53,789 1,567 RECEPTIONIST 51000506 192,360 198,131 5,771 KEYBD SPEC 51000507 357,240 367,957 10,717 DAT ENT MACH OPER 51000509 57,850 59,586 1,736 CASE AIDE 51000511 128,156 132,001 3,845 ACCT. CLERK/TYPIST 51000513 115,700 119,171 3,471 SENIOR CLERK 51000518 30,440 31,353 913 SENIOR TYPIST 51000519 32,039 33,000 961 SR. ACCOUNT CLERK/TYPIST 51000529 134,880 138,926 4,046 ADMIN. ASSISTANT 51000535 117,948 121,486 3,538 FINAN. INVEST. 51000536 266,843 274,850 8,007 SOC. WEL. EXAM. 51000538 1,344, 888 1,385,235 40,347 SR SOC WEL EXAM 51000558 703,511 767,232 63,721 CASEWORKER 51000562 711,728 733,080 21,352 REG. PROF. NURSE 51000565 244,657 251,997 7,340 WELFARE INVEST. 51000567 37,358 38,479 1,121 COORD OF CHILD SUP 51000574 53,824 55,439 1,615 SR. CASEWORKER 51000581 880,794 907,218 26,424 ACCT. SUPERVISOR 51000592 53,824 55,439 1,615 CASE SUPERVISOR 51000594 376,768 388,071 11,303 PARALEGAL AIDE 51000619 35,493 36,558 1,065 MICROCOMPUTER SPEC 51000638 84,250 86,778 2,528 SECURITY OFFICER 51000650 33,720 34,732 1,012 SR FINANCE INVEST 51000658 41,383 42,624 1,241 SECRETARY 51000671 106,479 109,673 3,194 PRIN ACCT CLKTYP 51000673 37,358 38,479 1,121 SR DATA ENTRY OPR 51000698 33,720 34,732 1,012 LEGAL UNIT ADMIN 51000708 53,824 55,439 1,615 SYSTEMS ANALYST 51000719 50,838 52,363 1,525 MANAGED CARE COOR 51000722 44,483 45,817 1,334 LONGTERM CARE COOR 51000728 61,513 63,358 1,845 FACIL & SECURITY MGR 51000741 44,932 46,280 1,348 CASEWORKER ASST 51000750 74,716 76,957 2,241 STAFF DEV QUAL COR 51000760 50,838 52,363 1,525 215 2008 Salary Adjustments for Management, CSEA and White Collar 4/29/200 Account 2008 Adopted 2008 Modified Difference Social Services, Department of DIVISION COORD TRAINEE 51000786 44,483 45,818 1,335 TRANSSPEC-DSS 51000788 32,039 31,353 -686 DIVISION COORD 51000791 246,052 253,434 7,382 OVERTIME 51200 60,000 61,800 1,800 7,662,765 7,938,469 275,704 Revenue 43610 1,318,091 1,349,999 31,908 43655 351,677 361,250 9,573 44610 3,438,436 3,502,253 63,817 44611 832,333 854,669 22,336 5,940,537 6,068,171 127,634 Change: 148,070 Tompkins Consolidated Area Transit 5631 Expense CHIEF TRANSPORTATION PLAN 51000171 Revenue 61,499 63,358 1,859 61,499 63,358 1,859 44594 85,483 86,189 706 85,483 86,189 706 Change: 1,153 Weights and Measures 3630 Expense DIR. WGTS & MEAS. 51000207 47,296 48,715 1,419 47,296 48,715 1,419 Change: 1,419 Workforce Development - Employment and Training 6292 Expense EMPLOYMENT & TRAINING DIR 51000189 54,295 57,602 3,307 ADMIN COORDINATOR 51000674 7,161 7,307 146 WORKFORCE DEV SPEC 51000761 89,864 92,560 2,696 EMP & TRAIN CLERK 51000779 31,406 32,349 943 TRANS. WORKFORCE SPEC 51000783 121,710 123,615 1,905 WORKFORCE DEV COORD 51000790 42,126 45,817 3,691 FRINGE 58800 151,194 156,015 4,821 497,756 515,265 17,509 Revenue 44792 73,622 76,622 3,000 44793 318,780 323,289 4,509 44794 79,118 89,118 10,000 471,520 489,029 17,509 Change: 0 216 2008 Salary Adjustments for Management, CSEA and White Collar 4/29/200 Account 2008 Adopted 2008 Modified Difference Youth Services Department 7020 Expense YOUTH BUR. DIR. 51000220 61,513 63,358 1,845 ADMIN. ASSISTANT 51000535 44,932 46,280 1,348 YOUTH BUREAU PLANNER 51000634 46,033 47,417 1,384 PROGRAM MGMT SPEC 51000655 62,075 63,936 1,861 COORD COMM YOUTH 51000711 88,966 91,634 2,668 303,519 312,625 9,106 Change: 9,106 217 July 1, 2008 Regular Meeting Call to Order Mr. Koplinka-Loehr 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 Randall). 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, reported Aurora Valenti, Tompkins County Clerk, has been awarded the "Lifetime Achievement Award" by members of the New York State Association of County Clerks. He said this is significant for an elected official in Tompkins County such as Ms. Valenti who has served the County for a number of years and has done an outstanding job. Mrs. McBean-Clairborne, District No. 2 Legislator, announced on July 5th the Race Liberation Alliance Block Party will take place on the 300 block of West Court Street. She encouraged everyone to attend this event that is a grassroots movement towards social justice and equality. Ms. Robertson, District No. 13 Legislator, announced a good meeting took place last evening in Varna concerning land use, planning, and traffic, with community interest foremost first in traffic, Mr. Marx, Commissioner of Planning and Public Works, and Fernando de Aragon, Director of the Metropolitan Planning Organization, were in attendance. She also reported on the formation of the "Dryden Renewal Energy Workgroup" headed by Dryden Town Board Member, David Makar. They are brainstorming and working on a lot of public and private ideas that would help Dryden become energy independent. Mr. Burbank, District No. 12 Legislator, reported he has distributed information calling Governor Patterson to sign two bills that have passed the State Senate and Assembly that would establish a plan for a comprehensive State system of multi -use trails. This is a first and important step to create a Statewide system of trails that could be used for many different means that would be connected. He encouraged Legislators to look at the material and call on the Governor to sign. Ms. Herrera, District No. 5 Legislator, reminded everyone that the Dragon Boat race will take place on July 12 and 13. There is still room on the boat and for sponsors. Mr. Proto, District No. 7 Legislator, announced there will be discussion at the next Planning, Development, and Environmental Quality Committee on the Cayuga Lake Network's sponsorship of the Water Resources Council's presentation on the monitoring plan. Ms. Chock, District No. 3 Legislator, extended an invitation to Legislators to attend the Human Services Coalition special forum on the outlook for 2008 and 2009 State and Federal funding. This will be held on July 17th from 1 p.m. to 3 p.m. at the Public Library. Report from a Municipal Official(s) 182 July 1, 2008 Pat Leary, Town of Ithaca Board Member, expressed appreciation that the Legislation passed a Carbon -tax resolution and updated the Legislature on the following items: • Small Wind Energy Facilities Law — sent back to the Codes and Ordinances Committee for further review • Lakefront Residential Zone Law proposes allowing docks up to 50' long, possible roofs on boat lifts — sent to the Planning Board, Zoning Board of Appeals, and Conservation Board for comment • Storm Sewers System and Surface Waters Protection Act — will be coming forward soon • Stream Setback Law — they are looking at how far back from a stream they want to leave natural • Northeast Drainage issue — a public meeting was held, summer interns are visiting properties and obtaining additional information. Another public meeting will be held in the Fall • Comprehensive Plan Revision Committee is planning a public meeting in the Fall • Passed a resolution endorsing the County's Federal grant application for the transportation enhancement project improvements to bicycle and pedestrian facilities along Pine Tree Road Capital Projects: • Hanshaw Road walkway extension up to Sapsucker Woods Road is something the Town would like to do and will be exploring Cornell initiative funding • Forest Home Drive Reconstruction project — they would like to incorporate some of the elements from the Forest Home Traffic Calming Plan and will explore Cornell initiative funding • Town Hall roof repair — the orientation of the metal part that needs repair isn't right for solar panels but they may put solar panels on once the roof is repaired. They will be exploring NYSERDA funding • The Town continues to work on Carrowmoor housing project • They are filling vacancies on the Planning Board and will be filling the position of Director of Code Enforcement. The Town had intended to have this position remain vacant; however, they found that not to be feasible. Ms. Chock said the County has been looking at records storage management needs. She suggested the Town begin conversations with the County if the Town has additional records storage needs that are not met with the Town's current space. Maria Coles, City of Ithaca Common Council Member, reported the City Controller and Mayor will soon be issuing guidelines for the 2009 City of Ithaca budget. She said cautions are already being issued that this will be a difficult budget. The City is filling the positions of Police Chief and Director of Planning and Economic Development. Search committees have been established to do the preliminary work and make recommendations. The City also must fill the position of Patricia Dunn, who has announced her retirement. Ms. Coles reported the Collegetown Vision Group continues to meet on what the vision for that area of the City is and recommendations will be made on height of buildings, traffic patterns, and what to do about the need for parking. She also reported the City has been negotiating with the Ithaca Farmer's Market as their 20 -year lease has expired. They are hoping to negotiate a contract that will allow the Farmer's Market to remain in its current location. Ms. Coles stated the Workforce Diversity Committee in the City is charged with hearing from all department heads about progress they are making in diversifying their departments. Those departments that have reported to the Committee will now be reporting to Common Council. She also reported a soil analysis is being conducted on Southwest Park. Mr. Burbank raised the issue of Floral Avenue being increasingly dangerous for pedestrians; Ms. Coles said the Board of Public Works has been asked to develop criteria for walks. Presentation on Activities of the Air Services Board 183 July 1, 2008 Larry Baum, Chair of the Air Services Board, introduced members of the Board: Ed Marx, Robert Nicholas, Michael Stamm, Nathan Shinagawa, and Alan Pederson. He also introduced local consultants: Michelle Berry and Alan Cohen. Mr. Baum said it has been reported in the news lately that Ithaca is one of 100 airports that may lose some or all of its air service in the next several months. After looking into this the Air Services Board has found that to be just one person's opinion and that Ithaca's market is very different than some of the other markets in jeopardy of losing market shares. The three goals of the presentation are: Review the Airline Industry's Impact on Ithaca, Clarify the Airport's Economic Development role in Tompkins County, and provide an overview of current air service environment and current strategy. Historical Overview There are two carriers: US Airways and Northwest Airlines. The events of September 11, 2001, forever altered industry and by extension, the Ithaca Tompkins Regional Airport. The ASTF (Air Service Task Force) served as an advisory board, formed and informed by the leadership of Tompkins County Area Development and the Chamber of Commerce. The ASTF did work to see what could be done to stabilize the Airport and the County's air traffic. Its charge was to keep Ithaca on the national transportation map: • Leveraging community/university assets • Attracting new airlines • Negotiating and communicating with existing airlines • Devising strategies to address challenges in the unstable commercial air transportation industry • Stemming leakages to other nearby airports Today, the Airport has two airlines offering 12 flights a day; five round trips to LaGuardia and to Philadelphia, and two to Detroit. There will be a reduction in July reducing one flight to Philadelphia and two to LaGuardia; this reduction is typical in the summer since Ithaca is an academic community. He said 2005 was a great year as they were able to bring Northwest Airlines to Ithaca. To do that, they had to put up a revenue guarantee of $250,0000. Within ten months they exceeded the annual revenue target. Mr. Baum announced they just received confirmation that one of the turboprop flights from Northwest is going to be replaced by a jet beginning in mid-August. This will add an additional 20 passengers. They are only doing it for one calendar quarter beginning in August so they have to work to fill those seats. There were a number of successes: • Received half a million dollars in funding from the Small Air Service Grant (2005); • Temporary reduction of ITH-LGA fares • Launched new website — www.FlyIthaca.com with Kayak fare finder • Runway Safety Improvements • Concierge Service replacing security guards • Second Community Air Service Grant Application • Continued discussions with NWA and USAirways for additional service • Enplanements and load factors improved significantly • Enhanced branding of the CLOSER campaign message ("Fly Ithaca, the Closer Connection") 184 July 1, 2008 Direct Annual Economic Impact of Ithaca on our Area • Airport does not receive any local government funding; it is an enterprise unit (self-funded). Most of revenue comes from landing fees and rentals. • Airport business have over 260 employees • ITH generates $456,000 annual sales tax revenue • $12.3 million in direct expenditures • Over $430 million annually in local economic activity from activities on the Airport • Major national and international gateway to Cornell, Ithaca College, and major local employers The Current Air Service Environment • At about $78 per barrel for oil, airlines break even • Cost of fuel is now higher than the cost of labor • Profitability now more important than market share • Reduction and elimination of service on less profitable routes • Low cost carriers favor large markets • Bankruptcies and mergers likely scenario in next three to five years • Concern that major carriers may fail Impacts on Ithaca • Potential cut backs, loss of services • Price increase • Potential effects of NWA -Delta merger • Potential renegotiation of rental rates, landing fees, and other charges Strategies for Mitigating Impacts • Proactive communication with airlines • Entrepreneurial, flexible Airport structure • Community -wide partnerships • Competitor analysis, marketing our assets • Continued leveraging of community assets, university connections, outreach to customers What can the Legislature do? • Continued support — "Fly Ithaca" • Consideration of future needs for funding and revenue guarantees • Legislative support (local, state, federal) • Consider leveraging airport real estate and other revenue sources Mr. Baum highlighted a few testimonials from customers who use the Ithaca Tompkins Regional Airport. Mr. Baum made a very preliminary, surprise announcement. He reported Continental Airlines plans to add new service between Ithaca Tompkins Regional Airport and Newark Airport, effective October 3, 2008. He said then there will be three strong airlines with at least 14 flights per day. Unlike many other airports in Upstate New York that have had service reductions in the last week, the Ithaca Tompkins Regional Airport is adding service. He attributes this to a relatively resilient economy, large number of international travelers, Airport Administration, and the Air Services Board and its consultants. 185 July 1, 2008 Following the presentation, Mr. Baum responded to questions from the Legislature. Report from the Chair Mr. Koplinka-Loehr announced there will be an opportunity to meet the new Ithaca College President, Thomas R. Rochon, in Legislature Chambers on July 10th from 10:15 a.m. to 10:30 a.m. He reported the County Administrator Search Committee met today and the first round of interviews will be scheduled in the next two weeks. Report from the County Administrator Mr. Whicher reported the selection process for a new Director of Probation and Community Justice is taking longer than expected. He said he continues to work on his recommendations for the 2009 proposed Tompkins County Budget and at this time he thinks he will be able to meet the Legislature's goal. Report from the County Attorney Mr. Wood reported an appeal in the Coddington Road case has been filed; he will provide a copy for the Legislature Office. Report from the Finance Director Mr. Squires had no report. Report on the Sustainability Team and the Tompkins County Emergency Planni g Group Cheryl Nelson, Public Works Administrator, provided the Legislature with the following reports: "Thank you and good evening. "I am pleased to be here tonight to give you two brief reports on committees that I am honored to be Chairing in 2008. I have provided written reports to you and I hope that if you have not had a chance to read them that you will take the time to do so. "The first report is for the Tompkins County Sustainability Team. The Team's charge states that the Team is to give a report to the Legislature annually by Earth Day. The report was not quite finished by Earth Day, but since every day should be Earth Day, I hope that you still found it to be timely. I won't read the report, but I wanted to highlight a few items of particular note. o The formation of the Finger Lakes Environmentally Preferred Products Consortium is a model that can be used by others to form partnerships within a community to pool the collective purchasing power. As far as we know, this is the first such consortium in NY. In fact, on April 26, Governor Paterson issued an Executive Order to "Green" State Government and it seems to reflect our model. o The Waste Assessments have been completed in each county department and tips and tools have been provided to staff on how to improve recycling and reduce waste. This has also set the stage for the designation of Waste Reduction Representatives in each department that serve as the communication conduit on all things related to sustainability, including managing the internal advertisement of surplus items that another department may find useable. Not only is the expectation that less waste will be generated for disposal, but that there will be a reduction in costs of dumpster service for Facilities over time. The Legislature's passing of the two 186 July 1, 2008 administrative polices related to Surplus Equipment and Waste Reduction and Resource Management has been beneficial in providing support for these activities. o The Health Department is awaiting the arrival of two hybrid vehicles for their department's fleet as the result of the Green Fleet team's work and the Legislature's approval of $50,000 in the 2008 budget to be used for this purpose. o We are excited that the new Health Department building at 55 Brown Rd. will be the first county - owned building to seek LEED certification. "Even with these accomplishments in 2007, we cannot rest on our laurels. As you saw in the information I provided, 2008 will be an active year for the Team with goals like: o Receiving the Energy Performance Contract report from Johnson Controls for the first full year of data and then developing the next steps for more energy conservation for the Legislature's consideration. o The finalization of a Resource Guide that will list environmentally friendly alternatives for various product categories. o Measuring the Finger Lakes Environmentally Preferred Products Consortium's efficiency and effectiveness with its first bid for office paper products. o Launching the Sustainability Team's web site that will serve as a vital tool to advertise our successes, goals, tips, and other relevant topics of interest to employees, residents, and anyone else that visits the site. o Receiving the final report on the Local Action Plan for 20% Reduction in Green House Gas Emissions from 1998 — 2008 and discussing possible next steps for further reductions. o Receiving reports on the LEED process for the new Health Department building. "I want to thank the Sustainability Team members who are County employees that serve on the team and accomplish the annual goals on top of their full-time job responsibilities. "I would also like to invite you all to participate in an ICMA sponsored webinar on Thursday, July 17th at 1:00 — 2:30 PM entitled Sustainable Communities: Successful Leadership Strategies which will be taking place in the large conference room in the Department of Emergency Response. Please let me know if you are interested in attending and I can provide you with additional details. Emergency Management Planning Group "The second group on which I am reporting this evening is the Tompkins County Emergency Management Planning Group. You may remember that last fall, Lee Shurtleff, Shawn Martel -Moore, and I gave you an overview of the different emergency management teams and activities underway in the county. The Planning Group is the large group created by the Legislature with membership outlined in Administrative policy 01-19. Along with the 21 official voting members, many other individuals attend the meetings and serve as local and human resources. "This group also accomplished many of its 2007 goals including: o Holding a Public Officials Conference in the spring of 2007 to educate municipal officials on roles and responsibilities. o Expanding the number of individuals to serve as Public Information Officers if or when needed and developing a training plan for these individuals. o Developing and delivering a half-day presentation on September 11, 2007 at TC3 entitled Emergency Public Information — Linking Responders and the Public which was well -attended by local officials, utility companies, local fire chiefs, and local media representatives. o Updating the Public Information Annex of the County's Comprehensive Emergency Management Plan. 187 July 1, 2008 o Formalizing conversations between local police, fire, and EMS providers and local educational institutions on areas of common concern and interest. o Beginning discussions on the development of the Recovery Annex of the County's Comprehensive Emergency Plan. o Making a presentation to TCCOG on emergency preparedness and mitigation plans. o Organizing and conducting mandatory training for all first -responders. "This group has also re -dedicated itself to a series of goals for 2008, as you will see from the information in your packet. Some of the highlights include: o Updating the Human and Special Needs Annex. o Developing a multi-year plan for exercise and training events. o Meeting with the State Office of Emergency Management and other counties that have experienced recovery after a major event to help us in developing the Recovery Annex. o Updating the Multi -Jurisdictional All -Hazards Mitigation Plan and having projects "on the shelf' when the county is notified of grant opportunities. o Forming a Transportation team and developing a database of public and private vehicles available for use in transporting residents in an emergency situation and working on other related logistical issues. o Working with the local municipalities to keep them updated on National Incident Management System (NIMS) requirements and assisting with training and other requirements as needed including the building of the database of equipment owned by each municipality for potential use in an emergency or disaster event. "So, stay tuned for more success stories from both of these groups. Thank you for your time and feel free to let me know if you have any questions." Ms. Chock requested an electronic copy of Ms. Nelson's Sustainability Team report. Report from the Public Information Officer Ms. Lynch announced copies of Tompkins County's supplement to the Legislative Gazette, an Albany, New York, based publication, that highlights activities taking place in Tompkins County government, are now available. Addition and Withdrawal of Resolution(s) from the Agenda There were no resolutions added to or withdrawn from the agenda. Approval of Appointment(s) Under the Consent Agenda It was MOVED by Mr. Proto, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present, to approve the following appointment(s) under the Consent Agenda: Local Emergency Planning Committee — No set term Greg Cotterill — Community Group representative (ARC) Traffic Safety Committee — term expires December 31, 2010 Will Burbank — Public Safety Committee member Fire, Disaster, and EMS Advisory Board — term expires December 31, 2009 Beth Harrington — Town of Caroline representative 188 July 1, 2008 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. 134 — INCREASE IN HOURS AND ABOLITION OF POSITIONS — EMERGENCY SERVICES DISPATCHERS — DEPARTMENT OF EMERGENCY RESPONSE MOVED by Mr. Proto, seconded by Mrs. McBean-Clairbome, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the Department of Emergency Response created four (4) additional part-time positions equivalent to one full-time position at 40 hours per week of Emergency Services Dispatcher labor grade L/12 (12/551), White Collar, to cover shift shortages per Resolution No. 172-99, and WHEREAS, the Department has determined that it is no longer feasible to hire multiple part-time employees due to the extensive training requirements and the necessity to maintain proficiency in all disciplines and equipment, and WHEREAS, the Department of Emergency Response requires a full-time employee due to the significant increase in call and incident volume, and WHEREAS, no new monies are needed to fund these position changes, now therefore be it RESOLVED, on recommendation of the Public Safety and the Budget and Capital Committees, That one (1) part-time position of Emergency Services Dispatcher, labor grade L/12 (12/551), White Collar, be increased to 40 hours and three (3) part-time positions of Emergency Services Dispatcher, labor grade L/12 (12/551), White Collar, be abolished effective immediately, RESOLVED, further, That the department is not requesting additional funding. SEQR ACTION: TYPE II -20 RESOLUTION NO. 135 - AUTHORIZING A CONSULTANT AGREEMENT WITH C&S ENGINEERS, INC., FOR CONSTRUCTION OBSERVATION AND CONTRACT ADMINISTRATION SERVICES - RUNWAY SAFETY AREA IMPROVEMENTS AND OBSTRUCTION CLEARANCE — ITHACA TOMPKINS REGIONAL AIRPORT MOVED by Mr. Proto, seconded by Mrs. McBean-Clairbome, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, a contract has been awarded to Sealand Contractors Corporation of Rush, New York, in the amount of $3,197,872 to construct Federally mandated safety area improvements and remove or mitigate various obstructions on Airport property, and WHEREAS, it is necessary to oversee such activities and provide various contract administration services, and WHEREAS, the Airport's engineering consultant, C&S Engineers, Inc., has proposed providing said services for a fee of $322,285.00, and WHEREAS, an Independent Fee Estimate (IFE) was recently performed by McFarland -Johnson of Binghamton, New York, and found the fee to be fair, and WHEREAS, this fee is subject to Federal Aviation Administration and New York State Department of Transportation funding being received, and WHEREAS, the budget for said construction observation and contract administration services is as follows: Federal Aviation Administration Share (95.0%) New York State Department of Transportation Share (2.5%) 189 $306,171.00 $ 8,057.00 July 1, 2008 Local Share (2.5%) Total $ 8,057.00 $322,285.00 , now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the agreement with C&S Engineers, Inc., for $322,285.00 be and hereby is approved, subject to Federal Aviation Administration and New York State Department of Transportation funding being received, RESOLVED, further, That the local share of $8,057.00 shall 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 Federal Aviation Administration and New York State Department of Transportation. SEQR ACTION: TYPE II -20 RESOLUTION NO. 136 AUTHORIZING A CONSULTANT AGREEMENT WITH C&S ENGINEERS, INC., FOR CONSTRUCTION OBSERVATION AND CONTRACT ADMINISTRATION SERVICES FOR PARALLEL TAXIWAY RELOCATION (PHASE III) — ITHACA TOMPKINS REGIONAL AIRPORT MOVED by Mr. Proto, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, a contract has been awarded to Sealand Contractors Corporation of Rush, New York, in the amount of $4,481,225.30 to construct the Federally mandated Parallel Taxiway Relocation (Phase III), and WHEREAS, it is necessary to oversee such activities and provide various contract administration services, and WHEREAS, the Airport's engineering consultant, C&S Engineers has proposed providing said services for a fee of $358,533.00, and WHEREAS, an Independent Fee Estimate (IFE) was recently performed by McFarland -Johnson of Binghamton, New York, and found the fee to be fair, and WHEREAS, this fee is subject to Federal Aviation Administration and New York State Department of Transportation funding being received, and WHEREAS, the budget for said construction observation and contract administration services is as follows: Federal Aviation Administration Share (95.0%) $340,606.00 New York State Department of Transportation (2.5%) $ 8,963.50 Local Share (2.5%) $ 8,963.50 Total $358,533.00 , now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the agreement with C&S Engineers, Inc., for $358,533.00 be and hereby is approved, subject to Federal Aviation Administration and New York State Department of Transportation funding being received, RESOLVED, further, That the local share of $8,963.50 shall 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 Federal Aviation Administration and New York State Department of Transportation. SEQR ACTION: TYPE II -20 190 July 1, 2008 RESOLUTION NO. 137 - AUTHORIZING A CONSULTANT AGREEMENT WITH C&S ENGINEERS, INC., FOR DESIGN AND BIDDING SERVICES FOR HANGAR DECONSTRUCTION— ITHACA TOMPKINS REGIONAL AIRPORT MOVED by Mr. Proto, seconded by Mrs. McBean-Clairbome, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, Taughannock Aviation Corporation has just completed the third and final phase of their new hangar and administration facility, and WHEREAS, the old hangar and administration facility, being in a decrepit and unusable condition, needs to be removed to provide for much need ramp space, and WHEREAS, the required design and bidding services will include testing for hazardous materials, developing site grading, drainage design, utility identification and relocation, contract drawings, bid specifications, and various other administrative tasks, and WHEREAS, the budget for the actual deconstruction of said hangar complex was expected to be approximately $125,000 but came in at $199,000, and will be funded under the Federal AIP program with Federal, State, and local grant monies, and WHEREAS, the budget for these design and bidding services is as follows: Federal Aviation Administration Share (95.0%) $30,400 New York State Department of Transportation Share (2.5%) $ 800 Local Share (2.5%) $ 800 Total $32,000 , now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the agreement with C&S Engineers, Inc., for $32,000 be and hereby is approved, subject to Federal Aviation Administration and New York State Department of Transportation funding being received, RESOLVED, further, That the local share of $800 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 Federal Aviation Administration and New York State Department of Transportation. SEQR ACTION: TYPE II -21 RESOLUTION NO. 138 — DESIGNATION OF TOURISM PROMOTION AGENCY FOR STATE FISCAL YEAR 2008-2009 MOVED by Mr. Proto, seconded by Mrs. McBean-Clairbome, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the Strategic Tourism Planning Board (STPB) has traditionally recommended the appropriate agency for designation as the New York State Tourism Promotion Agency (TPA) as part of its review function for tourism matters, and WHEREAS, the STPB has reviewed the matter with appropriate agency representatives and feels qualified to make a recommendation of the best agency to have the TPA designation, now therefore be it RESOLVED, on recommendation of the STPB and the Planning, Development, and Environmental Quality Committee, That the designation of the TPA for State Fiscal Year 2008-2009 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 periodically. SEQR ACTION: TYPE II -20 191 July 1, 2008 Report and Presentation of Resolution(s) from the Health and Human Services Committee Mr. Proto, Chair, reported the Committee will meet tomorrow and will hear several reports from departments and he expects to also hear about the status of budget requests. RESOLUTION NO. 139 — APPROPRIATION FROM CONTINGENT FUND FOR SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS (SPCA) MOVED by Mr. Proto, seconded by Mr. Shinagawa. Mr. Proto accepted a substitute resolution offered by Ms. Kiefer, as friendly. Ms. Herrera asked if the substitute resolution clarifies some of the issues that have been raised and that this is a Contingent Fund appropriation based on a decision that was made in 2008; Mr. Proto responded this statement is correct. A short roll call vote resulted as follows: Ayes — 14, Noes — 0, Excused — 1 (Legislator Randall). RESOLUTION ADOPTED. WHEREAS, the Tompkins County Society for the Prevention of Cruelty to Animals (SPCA) has historically provided animal shelter and other services under contract with the County, and WHEREAS, during the 2008 County budget process, the SPCA informed the Expanded Budget Committee that the cost of services exceeded the revenue from the County's contract, and WHEREAS, during the 2008 budget process, the Expanded Budget Committee earmarked $15,000 in the Contingent Fund, plus increased the County's allocation from $28,216 to $33,216, when the appropriate information is distributed detailing the programs and services supported by the County contract, now therefore be it RESOLVED, on recommendation of the Health and Human Services and the Budget and Capital Committees, That the County authorize and direct the Finance Director to make the following one-time appropriation: FROM: A1990 Contingent Fund $15,000 TO: 3520.54400 Tompkins County SPCA $15,000 RESOLVED, further, That County Administrator or his designee is authorized to execute any documents and agreements pertaining to the proposal. SEQR ACTION: TYPE II -20 Report and Presentation of Resolution(s) from the Planning, Development and Environmental Quality Committee Mr. Robertson, Chair, reported the Committee met prior to this meeting to consider a resolution on the agenda. The next meeting will be July 10th at 3 p.m. Issues that will be discussed at that meeting include Lake Monitoring Plan, Notice of Funding Availability for the Housing Trust and Affordability Funds, and a lot of business for the tourism program. RESOLUTION NO. 140 — APPROVAL OF CONTRACT FOR ARTS AND CULTURE STABILIZATION — HISTORIC ITHACA MOVED by Ms. Robertson, seconded by Ms. Chock, and unanimously adopted by voice vote by members present. WHEREAS, the Tompkins County Legislature recognizes that the local arts and cultural community is a valuable and unique asset, and that a need exists to harness the power of the arts to develop tourism growth, and if strategically managed, that would stabilize and develop these assets to better serve tourists through well-planned marketing efforts, and 192 July 1, 2008 WHEREAS, CAP (Community Arts Partnership) was appointed to create a comprehensive arts marketing plan and develop and implement a plan for financial and operational stabilization of arts and cultural entities, and WHEREAS, the arts and cultural community could better position itself in the marketplace to attract more visitors to and enhance visitors' stay in Tompkins County, thus generating more dollars into the local economy, and WHEREAS, funding exists within the Tompkins County Tourism Program for the Arts and Cultural Stabilization Plan program, and WHEREAS, Historic Ithaca (State Theatre) has proposed a project that meets the objectives and requirement for such funding, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality and the Budget and Capital Committees, with the advice of the Strategic Tourism Planning Board, That the following Arts and Cultural Organization Stabilization Grant be awarded in 2008: 2004 Amount 2005 2006 2007 2008 Historic Ithaca (State Theatre) $ 30,000 $ 30,000 $30,000 $30,000 $37,000 RESOLVED, further, That the Finance Director make the following budget adjustment: FROM: 6475 Room Tax Reserve $37,000 TO: 6475.54619 Arts and Cultural Organization Stabilization $37,000 RESOLVED, further, That the County Administrator or his designee is authorized to sign any agreements with the recipient pertaining to this program. SEQR TYPE: TYPE II -20 RESOLUTION NO. 141 - AUTHORIZATION TO EXECUTE A RURAL SMALL BUSINESS LOAN FOR THOMAS HOEBBEL/THOMAS HOEBBEL PHOTOGRAPHY FROM THE RURAL SMALL BUSINESS LOAN FUND MOVED by Ms. Robertson, seconded by Mr. Proto, and unanimously adopted by voice vote by members present. WHEREAS, the Tompkins County Economic Development Revolving Loan Fund was expanded in 2004 to provide low-interest loans to small businesses (microenterprise businesses), and WHEREAS, these loans are made using repaid United States Department of Housing and Urban Development Small Cities Community Development Block Grant funds targeted for economic development activities, and WHEREAS, the Tompkins County Rural Small Business Loan Fund Oversight Committee reviewed an application and proposal for an equipment loan to Thomas Hoebbel to purchase updated and expanded photography equipment to allow for further growth and adaptability at Thomas Hoebbel Photography in the Town of Caroline, and WHEREAS, the Oversight Committee has fully assessed the ability of Thomas Hoebbel to make timely payments on monies loaned from the Rural Small Business Loan Fund, and WHEREAS, enhancing and supporting economic development efforts that expand rural income opportunities are policies supported by the Tompkins County Comprehensive Plan, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the County is hereby authorized to sign a Loan Agreement with Thomas Hoebbel, RESOLVED, further, That the County Administrator be authorized to sign all documents related to this loan, and that the County Finance Director be authorized to adjust the budget in the following manner: REVENUES: 8693.44700 Repaid Econ. Dev. Loans $25,000 EXPENSES: 8693.54400 Program Expense $25,000 SEQR ACTION: TYPE II -25 193 July 1, 2008 Report from the Human Resources Committee Mr. Dennis, Chair, reported the Committee will meet on July 3rd at 3:30 p.m. Report and Presentation of Resolution(s) from the Government Operations Committee Mr. Hattery, Chair, reported the Committee met prior to the Legislature meeting to consider a resolution on the agenda. The next meeting will be July 11th RESOLUTION NO. 142 — APPROPRIATION FROM CONTINGENT FUND AND AUTHORIZATION TO EXECUTE MULTI-YEAR AGREEMENT — THE HISTORY CENTER MOVED by Ms. Kiefer, seconded by Ms. Herrera. Ms. Robertson said she will support the resolution; however, she is concerned with authorizing an agreement for five years prior to the budget season. Mrs. McBean-Clairborne said she supports the History Center; however, will not support the resolution because she does not support multiple -year funding. Ms. Herrera said she shares the concerns that have been expressed but can support the resolution because of the language contained in the last Resolved with respect to the development of a Memorandum of Understanding Mr. Hattery said he will not support this resolution because the original amounts that were negotiated and agreed upon between the History Center and County Administration have been changed to higher amounts. Mr. Koplinka-Loehr spoke of the range in increases the History Center has received and said he cannot support the ranges of increases because County departments or agencies are not guaranteed those kinds of raises. He also does not agree with some of the principles included in the resolution. Mr. Proto asked Mr. Reinboldt if the numbers agreed to previously by the History Center and County Administration were consistent with the lease the History Center has with the Landlord and would there be support to return to the original amounts that were negotiated. Mr. Reinboldt said those increases are linked to the escalator that is in the lease. The dollar amounts now contained in the resolution reflect the cost of the insurance, parking, and security, which is a cost of occupancy. Ms. Kiefer said utilities are not being included now and this is a huge amount that the County used to pay. Ms. Mackesey said the County's relationship with the History Center is different from its relationship with other agencies or County departments. These increases are not in programs or salaries, it's for fundamental support of a very old and important relationship. The County does not have the capability to hold and secure its history and has an obligation to support the History Center. A multi- year agreement offers them the ability to plan and use the resources in the best way possible. Ms. Chock said she believes those who maintain the County's history should have some assurance of continuity to do so. Mr. Whicher expressed support for the resolution. The discussions with the History Center went back 15-20 years when the arrangement was first established. They tried to figure where the County should be and this resolution makes up for a shortfall. He said in looking forward the County will be 194 July 1, 2008 paying a little more up front in helping to keep the overall costs down. He supports this resolution and said this is an attempt to building a long-term partnership. Mr. Sigler said his only concern with this resolution is that he thinks a multi-year agreement should be done during the budget process. Mr. Dennis spoke in support of the History Center's work and the importance of managing the County's history. Ms. Kiefer said the actual shortfall over the years of what the County should have been paying is multiples of $10,000; this is a small portion of what the County could have been paying. Ms. Mackesey noted this proposal was brought forward during the budget process last year and the Legislature directed it to come back when it was not in the middle of the budget season. A roll call vote resulted as follows: Ayes — 10; Noes — 4 (Legislators Hattery, Koplinka-Loehr, McBean-Clairborne, and Sigler); Excused — 1 (Legislator Randall). RESOLUTION ADOPTED. WHEREAS, the County wises to enter into an agreement with The History Center, formerly known as the Dewitt Historical Society, to maintain a public museum and procure, store, and preserve the records and artifacts that document the history of the County and the municipalities thereof, and WHEREAS, for over fifty years the County has maintained a relationship with The History Center related to the cost of maintaining space for the aforementioned services, and WHEREAS, the County first provided space for the agency for the operation of a County Historical Museum in 1939 in the Old Tompkins County Courthouse (County Board Resolution of December 20, 1939), and WHEREAS, the County continued its commitment to The History Center and its services by compensating the agency for its occupancy costs at the Historic Clinton House in 1973 (County Board Resolution 138 of May 29, 1973), and WHEREAS the agency's move to the Historic Clinton House was prompted by the County as a result of the County's initiative for the adaptive restoration of the Old Court House, and WHEREAS, the County further continued its commitment to The History Center and its services by compensating the agency for its occupancy costs following the agency's latest move to the Dean Building in 1993, WHEREAS, the County wishes to continue its commitment to the agency and enter into a five- year agreement, now therefore be it RESOLVED, on recommendation of the Government Operations and the Budget and Capital Committees, That beginning January 1, 2009 and expiring December 31, 2013, the County shall compensate The History Center for occupancy costs (rent for space and parking, insurance, and security) as follows: 2009 - $88,228 2010 - $90,840 2011 - $93,401 2012 - $96,171 2013 - $99,026 RESOLVED, further, That the County shall also compensate The History Center a one-time payment in 2008 for a sum not to exceed $10,000 as reimbursement for prior years' occupancy -cost shortfalls, RESOLVED, further, That the Comptroller is authorized to make the following adjustment: FROM: 1990.54400 Contingency Fund $10,000 TO: 7510.54400 The History Center $10,000 RESOLVED, further, That the County Administrator or his designee is authorized to sign all documents related to this agreement, 195 July 1, 2008 RESOLVED, further, That the County and The History Center shall develop a Memorandum of Understanding detailing the Center's obligation(s) to the County with respect to records and artifacts pertaining to Tompkins County history in return for the County's contribution to the cost of maintaining space for The History Center in Tompkins County. Any materials pertinent to Tompkins County history shall not be de -accessioned without the County Historian's and Record Officer's review and approval. SEQR ACTION: TYPE II -20 Report and Presentation of Resolution(s) from the Budget and Capital Committee Mr. Shinagawa, Chair, reported the Committee met on June 23"d. The Committee discussed the May 29th meeting where a discussion took place of short-term budget strategies, common criteria for looking at the budget moving forward, and long-term strategies. He said consideration of many of the short-term ideas will depend on the County Administrator's report at the next meeting. He also reported the Community Advisory Panel will be convened once a tentative budget is produced. Mr. Shinagawa announced a budget retreat for the Legislature will take place on August 5th at the Mental Health Building. Mr. Proto said he received material from NYSAC (New York State Association of Counties) that makes reference to the Preschool Handicapped Children's Program. Because of the influence of school districts and what the impact there may on the County, Mr. Proto asked if information will be available by the August 19 Legislature meeting. While the impact is approximately $50,000, the entire program costs approximately $2 million and this causes a major concern. Mr. Proto asked if there will be consideration given to meeting with the school districts to discuss this. Mr. Whicher said the financial impact is small; however, the principle behind the State's action is cause for great concern. He thinks while there could be discussion with the school districts, there needs to be discussion with County's State representatives. Mr. Proto asked that a meeting be held with State representatives as soon as possible because the long-term impact of this is severe. RESOLUTION NO. 143 - APPROPRIATIONS AND BUDGET ADJUSTMENTS FOR SALARY INCREASE - WHITE COLLAR, MANAGEMENT/ CONFIDENTIAL, AND BLUE COLLAR EMPLOYEES (See Page 200 for Attachment) MOVED by Mr. Shinagawa, seconded by Mr. Dennis. A short roll call vote resulted as follows: Ayes — 14, Noes — 0, Excused — 1 (Legislator Randall). RESOLUTION ADOPTED. WHEREAS, Resolution No. 117 of 2007, "ESTABLISHMENT OF GUIDELINES AND FISCAL TARGETS FOR ALL COUNTY BUDGETING UMTS FOR THE PREPARATION OF THE 2008 BUDGET" stated that all salary changes and associated fringe costs or savings will be paid through or received by the General Fund, and WHEREAS, the bargaining agreement between Tompkins County and the White Collar Union, for the years 2008, was ratified by Resolution No. 26 of February 19, 2008, and WHEREAS, Management and Confidential salary adjustments follow the White Collar Union, and WHEREAS, the bargaining agreement between Tompkins County and the Blue Collar Union for the years 2008, was ratified on April 15, 2008, by Resolution No. 75, now therefore be it RESOLVED, on recommendation of the Budget and Capital Committee, That effective July 1, the departmental accounts listed on the attached departmental summary document for fiscal year 2008 will be adjusted from the following revenue accounts: REVENUE: General Fund Balance, Highway Fund Balance, Airport Fund Balance, Solid Waste Fund Balance, Workforce Development Fund Balance 196 July 1, 2008 RESOLVED, further, That the Departments' Fiscal Targets in preparation for the 2008 budget have been increased by the net salary adjustments, except for positions designated as onetime. SEQR ACTION: TYPE II -20 Report from the Public Safety Committee Mr. Stevenson, Chair, reported the Committee met on June 20 and recognized Kathy Leinthall, Director of Probation and Community Justice, who recently retired, for her many years of service to Tompkins County. The Committee also heard a presentation on a proposed Countywide PAD (Public Access to Defibrillation) Program. The next meeting is July 18Th Report from the Workforce Diversity and Inclusion Committee Mrs. McBean-Clairborne, Chair, reported the Committee met on June 25th and continued discussion of the proposed Strength in Diversity Award. Mrs. McBean-Clairborne announced on July 16th from 12 to 3 p.m. the Finger Lakes Independence Center will hold its annual picnic. She also reported they are looking for persons with hand disabilities to assist in testing HAVA-compliant voting machines. This is one of the areas that they still need for assistance in design of these machines. Interested persons can contact the Board of Elections or the Finger Lakes Independence Center. Mrs. McBean-Clairborne reported the Committee received a very interesting presentation by Constance Thompson. The presentation was an overview of creating an inclusive organization. In addition to being a member of the Committee, Ms. Thompson is the Manager of Diversity and Recruitment at Cornell University. Some of the key points in that very informative presentation included a definition of the following terms: Equal Opportunity: This is the law and there are certain requirements when doing business with the government; Affirmative Action: Enforcement of the Equal Opportunity law; Diversity: Management piece that requires outreach and mentoring; and Inclusion: Leveraging diversity, recognizing the members of the organization, developing the strong sense of communication and understanding, continued acceptance of what they bring, supporting the talent we have, providing opportunities for valuing opinions and uniqueness, providing opportunities for promotion Tompkins County does have a "line of sight' already: our Diversity Statement. Mrs. McBean-Clairborne said the Solid Waste Division was highlighted for the work they are trying to do in diversifying the staff and build a more inclusive organization at Solid Waste. She hopes this Legislature will allow this presentation to be given at an upcoming meeting. Mr. Koplinka-Loehr will speak with Mrs. McBean-Clairborne and Ms. Thompson about providing the Legislature with a presentation. Ms. Kiefer reported on the enthusiasm about the presentation she heard from Karen Fuller, Legislative staff, who provides support to that Committee. Mr. Whicher noted his earlier attendance at a workshop in Syracuse where Ms Thompson was one of the presenters, and what an excellent experience that was. 197 July 1, 2008 Report and Presentation of Resolution(s) from the Facilities and Infrastructure Committee Mrs. McBean-Clairborne, Chair, reported the Committee met on June 9. The Committee has heard about the County losing federal funding for some of the construction projects and there continues to be efforts to work with State and Federal legislators on those issues. Mrs. McBean-Clairborne said there has been an inquiry about the use of the Old Library Building, and stated there is no information and there have been no conversations about a sale of that building. She noted reuse of that site was included in the County's Capital Plan. The Committee received a presentation on energy performance from Johnson Controls, who had estimated $217,000 in savings for the first year, and actual savings have been $230,000 for the first 11 months. A presentation was also given on Records Management by LaBella Associates, noting the volume of records is expected to increase 30 percent over the next ten years. The study was funded by a State Archives and Records Administration grant in the amount of $17,500. Ms. Herrera commented on the records management presentation and said she found it to be very informative, including that records management is a mandated program. She also learned of how much money the County is continuing to spend needlessly at the Old Library to maintain the space records are presently housed in. A joint meeting will be held with the Health and Human Services Committee on July 17th at 2:30 p.m. to discuss the co -location of the Office for the Aging and Lifelong. RESOLUTION NO. 144 - AUTHORIZING A CONSULTANT AGREEMENT WITH C&S ENGINEERS, INC., FOR OBSERVATION AND CONTRACT ADMINISTRATION SERVICES FOR HANGAR DECONSTRUCTION — ITHACA TOMPKINS REGIONAL AIRPORT MOVED by Mrs. McBean-Clairborne, seconded by Ms. Mackesey, and unanimously adopted by voice vote by members present. RESOLUTION ADOPTED. WHEREAS, a contract has been awarded to Ritter & Paratore of Utica, New York, in the amount of $199,900.00 for deconstruction of the former Taughannock Aviation hangar complex, and WHEREAS, it is necessary to oversee such activities and provide various contract administration services, and WHEREAS, the Airport's engineering consultant, C&S Engineers, Inc. has proposed providing said services for a fee of $28,716.00, and WHEREAS, the budget for said observation and contract administration services is as follows: Federal Aviation Administration Share (95.0%) $27,280.00 New York State Department of Transportation Share (2.5%) $ 718.00 Local Share (2.5%) $ 718.00 Total $28,716.00 , now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the agreement with C&S Engineers for $28,716.00 be and hereby is approved, subject to Federal Aviation Administration and New York State Department of Transportation funding being approved, RESOLVED, further, That the local share of $718.00 shall 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 Federal Aviation Administration and New York State Department of Transportation. SEQR ACTION: TYPE II -20 198 July 1, 2008 Adjournment On motion the meeting adjourned at 7:45 p.m. 199 July 15, 2008 Regular Meeting CaII to Order Mr. Koplinka-Loehr called the meeting to order at 5:34 p.m. Pledge of Allegiance to the Flag and Roll Call of Members Members and guests participated in the Pledge of Allegiance to the Flag. Present: 14 Legislators (Mrs. McBean-Clairborne arrived at 6:22 p.m.). Excused: 1 (Legislator Burbank). 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. 13 Legislator, announced the Grassroots Festival would be taking place from Thursday to Sunday this week in Trumansburg. He invited all to attend this annual event. Mr. Proto, District No. 7 Legislator, announced Danby Old Home Days will take place July 26th, and the Cooperative Extension 4-H Fair would be held July 25th at 4-H Acres. Ms. Mackesey, District No. 1 Legislator, announced the Upstate Coalition on Garbage Trucks would meet on July 17th at 12:15 p.m. and Linda Haas -Manley of Cornell University will provide a report on the study completed. Ms. Kiefer, District No. 10 Legislator, submitted the following statement: "Last week the United States Senate voted by a lopsided margin for a FISA bill that, as Senator Russ Feingold said, is the biggest assault on our Constitution in our nation's history. "Not only did it provide retroactive immunity to those telecoms that blithely went along with the President's illegal, pre -9/11 "request" for access to our telephone use, ignoring the fact that at least one telecom — Qwest — recognized the request as illegal and refused to act without a court okay, it legalized such actions in the future if a President says it's okay. "Our New York Senators voted for three strengthening amendments, each of which lost, and then voted against the bill, for which we should thank them. "So now we're giving up our fourth amendment privacy to fight terrorists who oppose our freedoms — freedoms that we're now giving up by ourselves. "As Rachel Maddow said: If this is winning, what would losing look like?!" Ms. Herrera, District No. 5 Legislator, said she shared Ms. Kiefer's sentiments. She reported the Fingerlakes International Dragon Boat Festival was this past weekend; she congratulated the Ithaca 5-0, Franciska Racker Team, and Cornell Cooperative Extension teams for their efforts and noted many County Legislators and staff participated in this event. Mr. Proto referred to letters received by Rich McDaniel, the Chair of the Tompkins Consolidated Area Transit (TCAT) Board regarding the July 29th presentation of their budget. 218 July 15, 2008 Report from a Municipal Official(s) No municipal official was present. Presentation on Volunteer Income Tax Assistance (VITA) Program Karl Graham, Director of Community Relations and Development of the Alternatives Federal Credit Union, said the free tax -assistance program is finishing its fifth year of service. The report, which was presented by Brian Zapf, Program Director, and Rima Shamieh, the AmeriCorps VISTA representative, provided information on the program, which was funded in part by the County for the 2007 income-tax year. Ms. Shamieh reviewed the written information provided, indicating that for the 2007 income-tax year, refunds of $2,097,586 were received, an increase of $25,297 from the previous year. Based on the estimated cost of the program, $32.27 of every dollar spent goes back into the community. Of the returns filed, $850,167 was received as a Federal Earned Income Tax Credit and $255,050 was received as a State Earned Income Tax Credit. The number of returns filed was 2,580 and 1,292 households were served, an increase of 7 percent from the previous year. One area of note was that the average gross income dropped to $14,858 in 2007 from $16,209 in 2006. Ms. Shamieh spoke of an estimated $205,400 saved in client fees, which is $3.16 saved for every dollar spent on the program. She also reported the program had 79 active volunteers, with 1,539 volunteer hours provided. Of the individuals served in the program 64 became new members of the credit union, thirty-nine percent of these did not have any bank accounts. In response to questions by Legislators, it was reported the estimated program expense is a total of $60,000, with sponsors providing between $40,000 to $50,000 of the amount. Mr. Zapf thanked the Legislature for its support of the program and said he is not requesting any funding assistance for the next year as it is believed the Internal Revenue Service will provide funding. He expressed appreciation to the volunteers and community, who speak of the pride in assisting families who would not think they were eligible for refunds. Mr. Graham expressed appreciation for the funding assistance provided by the County and noted discussions regarding how to increase the client -base over the next year are ongoing and that he hopes the program would continue to grow. Ms. Chock expressed appreciation for the program and asked whether as a result of program participation is it empowering clients to learn how to better spend and save money. Mr. Graham said clients are offered assistance and made aware of what is available to them. Although there are not plans specific to the question, it is the next step. Mr. Zapf noted that additional outreach efforts as well as determining other sites to operate the program are being investigated. Mr. Koplinka-Loehr said the information was a good example to show how programs funded by the County have positive outcomes. Report from the Chair Mr. Koplinka-Loehr reported that he and several Legislators had a brief introductory meeting with the new Ithaca College President, Thomas R. Rochon. There would also be an opportunity to meet with a representative from Senator Clinton's office on July 22' at 4:30 p.m. There is the possibility of having a special meeting prior to the August 5th Budget Retreat for items necessitating action prior to the August 19th meeting. The County Administrator Search continues, with the first interviews for between 219 July 15, 2008 six to seven candidates having begun. A list of candidates recommended to go forward will be provided in the future. Mr. Koplinka-Loehr said there is a list of potential interview dates for Legislators in folders and asked they be reviewed and returned as soon as possible. Report from the County Administrator Mr. Whicher reported the departments are working on budgets, which will be provided to him on August 1st, with the final recommendation coming to the Legislature by September 1st. Mr. Dennis asked if any further information has come from the State regarding the possibility of freezing health insurance. Mr. Whicher said he has not heard of any actions occurring at this time. Report from the County Attorney Mr. Wood had no report. Report from the Finance Director Mr. Squires reported the Office of Real Property Services grant in the amount of $50,000 to determine the feasibility of creating a county -wide tax data base was received. The County has begun to send surveys to towns, municipal clerks, and schools to assess the systems presently being used in order to determine whether a county -wide system is appropriate or feasible. The grant provides $25,000 for the feasibility study and $25,000 for implementation if feasible. The feasibility portion is being completed by County personnel. Mr. Squires spoke of the sales -tax report provided by the State Comptroller's office. The report, which includes the first quarter of 2008, indicates that Tompkins County has the highest growth rate in the Southern Tier, with a slightly below-average collection rate for motor fuels. He cautioned, however, that losses of jobs on Wall Street has a trickling affect on the economy and could put a greater burden on the State, which would overall affect the counties. Addition of Resolution(s) from the Agenda It was MOVED by Mr. Hattery, seconded by Ms. Kiefer, and unanimously adopted by voice vote by members present, to add the resolution entitled Authorization to Conduct a Public Hearing - Proposed Acquisition of Property for Emergency Communications (Tower) Facility to the Agenda. RESOLUTION ADDED. Withdrawal of Resolution(s) from the Agenda There were no resolutions withdrawn from the agenda. Approval of Appointment(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 appointment(s) under the Consent Agenda: Strategic Tourism Planning Board Marrie Neumer — Culture Representative; term expires December 31, 2010. Approval of Resolution(s) Under the Consent Agenda 220 July 15, 2008 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. 145 - BUDGET ADJUSTMENTS — VARIOUS DEPARTMENTS MOVED by Mr. Proto, seconded by Ms. Mackesey, 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 Amount Approp Acct Title 6780.43803 State Revenue $17,229 6780.54491 Subcontract Explanation: Revenue increase in the EISEP program. Workforce Development Revenue Acct Title Amount 6290.44790 Federal Aid Job Training $50,000 Approp Acct Title 6290.54400 Program Expense Explanation: The Workforce Investment Board has been selected by New York State to pilot the Metrix Learning System, a web -based e -learning tool for jobseekers, to be used within the One -Stop Center and has approved $50,000 for the purchase of the skills analysis tool. SEQR ACTION: TYPE II -20 RESOLUTION NO. 146 - AWARD OF TOURISM CAPITAL GRANTS - TOMPKINS COUNTY TOURISM PROGRAM 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 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 projects with the Strategic Tourism Planning Board (STPB), and the STPB anticipates that the following projects will encourage the development of tourism products and attractions in order to improve community assets, to increase the tourism business in the County, and to increase the income from the Tompkins County Tourism Program, 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 these projects: Entity Project 2008 Amount 2009 Amount Hangar Theatre Renovation Project $50,000 $34,000 Kitchen Theatre New Location Costs $13,000 0 SEQR ACTION: TYPE II -20 221 July 15, 2008 RESOLUTION NO. 147 - FUNDING OF TOURISM PROJECT GRANT 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 Tourism Projects using funds drawn entirely from the Tompkins County Tourism Program, and WHEREAS, Tompkins County has reviewed grant application for recommendation to the Tompkins County Legislature through the Planning, Development, and Environmental Quality Committee with the advice of the Strategic Tourism Planning Board, now therefore be it RESOLVED, on recommendation of the Planning, Development and Environmental Quality Committee, That the following grant is approved: Downtown Ithaca Alliance Upgrades for Visitors Project $13,000 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. 148 - AUTHORIZING 2008 FEDERAL TRANSIT ADMINISTRATION SECTION 5307 GRANT FOR URBAN, RURAL, JOB ACCESS AND NEW FREEDOM PROGRAMS MOVED by Mr. Proto, seconded by Ms. Mackesey, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the Secretary of the United States Department of Transportation is authorized to make grants for mass transportation projects pursuant to Section 5307 of Chapter 53, Title 49, of the United States Code (formerly Section 9, Federal Transit Act of 1964), and WHEREAS, the County of Tompkins is the designated recipient by the Governor of New York State for certain Federal Transit Administration (FTA) funding programs, and WHEREAS, the New York State Department of Transportation transferred FTA funds for Section 5311 Rural, Section 5316 Job Access and Reverse Commute and Section 5317 New Freedom Programs to the County -administered Section 5307 Urban Program, and WHEREAS, the FTA fund sources for the 2008 Section 5307 Grant are as follows: 2008 Sec 5307 Urban Formula $1,329,810 2007 Sec 5311 Rural Operating Assistance 122,700 2008 Sec 5311 Rural Operating Assistance 128,900 2007 Sec 5311 Rural Capital 1,280,000 2006 Sec 5316 JARC 59,007 2007 Sec 5316 JARC 62,087 2008 Sec 5316 JARC 67,261 2006 Sec 5317 New Freedom 19,242 2007 Sec 5317 New Freedom 21,049 2008 Sec 5317 New Freedom 22,739 Total Federal Funds $3,112,795 and WHEREAS, the County desires to submit a request for a grant of funds to the FTA, in the amount of $3,112,795 to be used for operating assistance, capital and planning projects for 2008 as approved by the Ithaca -Tompkins County Transportation Council and included in the 2006-2008 Transportation Improvement Program as amended on June 20, 2008, 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: 222 July 15, 2008 Project Descriptions Federal NYSDOT TCAT County Operator TOTAL Preventive Maintenance $1,356,010 169,501 164,501 - 5,000 $1,695,013 Associated Capital Maintenance 60,000 7,500 3,750 - - 75,000 Project Administration - County 42,400 5,300 - 5,300 - 53,000 Mobility Management - County 32,000 4,000 - 4,000 - 40,000 Communications 33,000 4,125 4,125 - - 41,250 Clean Diesel Conversion 64,000 8,000 8,000 - - 80,000 ADP Hardware & Software 8,000 1,000 1,000 - - 10,000 Bus Shelters (4) 28,000 3,500 3,500 - - 35,000 Type I Small Buses (5) - County 260,000 32,500 - - 32,500 325,000 30 ft Replacement Buses (4) 384,000 48,000 48,000 - - 480,000 40 ft Transit Expansion Buses (2) 508,000 63,500 63,500 - - 635,000 Wheelchair Accessible Taxis (2) - County 50,000 - - - 12,500 62,500 Paratransit & Fixed Route Software & Hardware - County 120,000 15,000 4,950 - 10,050 150,000 Short Term Transit Planning 56,000 3,500 3,500 - 63,000 Capital & Planning Subtotal Operating Assistance New Freedom & 7ARC - County 3,001,410 365,426 304,826 9,300 60,050 3,744,763 81,385 - - 48,355 33,030 162,770 Operating Assistance 30,000 3,528,166 6,111,765 - - 9,669,931 Operating Assistance Subtotal 111,385 3,528,166 6,111,765 48,355 33,030 9,832,701 TOTAL $3,112,795 3,893,592 6,416,591 57,655 93,080 $13,577,463 , 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 for the 2008 Section 5307 Grant, in the amount of $3,112,795, RESOLVED, further, That the County Contracts Coordinator is authorized to sign: 1. Any and all agreements between Tompkins County and the Federal Transit Administration for the Project. 2. Any and all agreements between Tompkins County and the State of New York for the Project. 3. Any and all agreements between Tompkins County and TCAT, Inc., and any third -party subcontractors necessary to complete the project, if applicable. SEQR ACTION: TYPE 11-20 223 July 15, 2008 RESOLUTION NO. 149 - AWARD OF BID — COUNTY ROAD 188, STATION ROAD CULVERT REPLACEMENT - PIN 3753.86, TOWN OF DANBY MOVED by Mr. Proto, seconded by Ms. Mackesey, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, Resolution No. 57 of 2008 approved a project to replace the culvert carrying County Road 188, Station Road, over Cayuga Inlet, P.I.N. 3753.86, in the Town of Danby, 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, six (6) bids were received and publicly opened on July 1, 2008, and WHEREAS, the bids for the project exceeded the project budget estimated at $215,000, but eighty percent of the shortfall will be made available by the New York State Department of Transportation, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the bid be awarded to Procon Contracting, LLC, of Vestal, New York, the lowest responsible bidder, in the amount of $222,000.00, 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 on behalf of the County, funds to be provided from the Station Road Capital Account (HZ 5103.59239.53.13) and Road Maintenance Program Capital Account (HZ 5105.59239.51.05). SEQR ACTION: TYPE - Unlisted, Negative Declaration Issued (No further action required) RESOLUTION NO. 150 — AMENDING THE PLAN DOCUMENT FOR DEFERRED COMPENSATION PLAN FOR EMPLOYEES OF TOMPKINS COUNTY MOVED by Mr. Proto, seconded by Ms. Mackesey, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the New York State Deferred Compensation Board (the `Board"), pursuant to Section 5 of the New York State Finance Law ("Section 5 ") and the Regulations of the New York State Deferred Compensation Board (the "Regulations"), has promulgated the Plan Document of the Deferred Compensation Plan for Employees of Tompkins County (the `Model Plan"), and offers the Model Plan for adoption by local employers, and WHEREAS, Tompkins County, pursuant to Section 5 and the Regulations, has adopted and currently administers the Model Plan known as the Deferred Compensation Plan for Employees of Tompkins County, and WHEREAS, effective December 7, 2007, the Board amended the Model Plan to adopt provisions: • Expanding the eligibility for unforeseeable emergency withdrawals. • Permitting law enforcement officers, firefighters, members of a rescue squad, or ambulance crew who have retired for service or disability to request a plan distribution of up to $3,000 annually to pay for health insurance or qualified long-term care premiums for themselves, their spouses, or dependents. • Permitting a beneficiary who is not a spouse of the deceased Participant to transfer their Plan account directly into an IRA. • Permitting a Participant who is eligible for a distribution to rollover all or a portion of their Plan account to a Roth IRA. , and 224 July 15, 2008 WHEREAS, the Board has offered for adoption the amended and restated Model Plan to each Model Plan sponsored by a local employer in accordance with the Regulations, and WHEREAS, upon due deliberation, Tompkins County has concluded that it is prudent and appropriate to amend the Deferred Compensation Plan for Employees of Tompkins County by adopting the amended Model Plan, now therefore be it RESOLVED, on recommendation of the Human Resources Committee, That Tompkins County hereby amends the Deferred Compensation Plan for Employees of Tompkins County by adopting the amended Model Plan effective December 7, 2007, in the form attached hereto as Exhibit A. SEQR ACTION: TYPE II -20 "Exhibit A" Summary of Changes to the Model Plan Document (Effective January 1, 2007) The New York State Deferred Compensation Board voted to amend the Plan Document for the Deferred Compensation Plan of [Name of Local Employer], commonly referred to as the Model Plan Document, on December 7, 2007. The following is a summary of those amendments. • Expansion of Unforeseeable Emergency Withdrawal Provision — An Unforeseeable Emergency relating to a Participant's Plan beneficiary, even if the beneficiary is not a spouse or dependent, will be included for purposes of determining eligibility. (Section 6.2(a) • Withdrawals for Law Enforcement Officers — Permits law enforcement officers, firefighters, member of a rescue squad or ambulance crew who have retired for service or disability to request a distribution of up to $3,000 annually to pay for health insurance or qualified long term care premiums for themselves, their spouse or dependents. The distribution must be paid directly to the insurance provider. (Section 7.3(a)(iv)) • Transfer Assets to Non -spousal Beneficiary — A beneficiary of a deceased Participant who is not the spouse of the deceased Participant may transfer assets directly to an IRA. Under previous law, only a surviving spouse could transfer a deceased Participant's assets to an IRA. (Section 7. 5(a)(ii)) • Direct Rollover to a Roth IRA — A participant who is eligible to receive a distribution may rollover all or a portion of their Plan account to a Roth IRA. The participant's modified adjusted gross income cannot exceed $100,000. The income limit applies to both single Participants and joint income of married Participants. Beginning in 2010, the income limit will no longer apply. Participants who are married but file married filing separately are not eligible. The participant will be required to pay income taxes on the rollover in the year of the rollover. (Section 7.5(a)(iii)) Deferral Limits for 2008 Regular Deferral Limit Additional Deferral for Age 50 and Over Participants Maximum Retirement Catch - Up Deferral $15,500 $5,000 $15,500 Participants who become Age 50 at any time during calendar year 2008 are eligible to make Age 50 and Over Catch -Up Contributions. Participants who are eligible to retire in 2011 or sooner without a reduction in benefits are eligible to participate in the Retirement Catch -Up provision in 2008. The additional amount that a participant may 225 July 15, 2008 contribute under the Retirement Catch -Up provision is based on the difference between the amount contributed to the Plan in past years and the maximum amount that could have been contributed to the Plan in those years ("underutilized deferrals"). A participant may not make Age 50 and Over contributions and Retirement Catch -Up contributions during the same time. However, if a participant is participating in the Retirement Catch -Up provision and is, also, eligible to make Age 50 and Over contributions, the higher contribution maximum may be used. Report and Presentation of Resolution(s) from the Government Operations Committee Mr. Hattery, Chair, reported most of the business conducted at the Committee's last meeting is handled in the resolutions presented. He said the Committee has had discussions with Mr. Potter, Information Technology Service Director, to review the County Communications Policy and will be continuing the process in the future. He said Ms. Younger's efforts to continue the policy -revision process continues and one policy under review is general business hours for Tompkins County. He suggested other Committees review the list of policies to determine what ones require updating. RESOLUTION NO. 151— AMENDMENT OF RESOLUTION NO. 7 OF 2008 — ESTABLISHING 2008 MEETING DATES MOVED by Mr. Hattery, seconded by Ms. Mackesey. Ms. Herrera said she would not support the resolution as she believes the County continues to operate the same in the summer and does not believe it is a good practice to cancel the meeting. A voice vote on the motion resulted as follows: Ayes — 11, Noes — 2 (Legislators Herrera and Randall), Excused — 2 (Legislators Burbank and McBean-Clairborne). RESOLUTION ADOPTED. WHEREAS, Resolution No. 7 of 2008 established the Tompkins County Legislature meeting dates for 2008, and WHEREAS, the Legislature desires to cancel its first meeting in August 2008, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That Resolution No. 7 of 2008 is hereby amended to cancel the August 5, 2008 Legislature meeting. SEQR ACTION: TYPE II -20 RESOLUTION NO. 152 — AUTHORIZATION TO ENTER INTO A FIVE-YEAR LEASE AGREEMENT FOR THE TOMPKINS COUNTY BOARD OF ELECTIONS IN ITHACA, NEW YORK MOVED by Mr. Hattery, seconded by Ms. Mackesey, and unanimously adopted by voice vote by members present. RESOLUTION ADOPTED. WHEREAS, the Board of Elections has need for secure, dry space to store electronic ballot - marking devices (voting machines) and additional space for training Election Commissioners on the new devices, and WHEREAS, two additional agencies also seek office space and are interested in subleasing from Tompkins County, and WHEREAS, the ICS Press site on Hanshaw Road in the Town of Dryden was identified as the best fit for all three entities, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the County Administrator, or his designee, is hereby authorized to finalize negotiations and sign a lease agreement with the landlord, Schug Realty, LLC, for the period of July 2008, through July 2013. SEQR ACTION: TYPE II -20 226 July 15, 2008 Report from the Planning, Development, and Environmental Quality Committee Ms. Robertson, Chair, reported the Committee met on July 10th and a number of action items appeared on the Consent Agenda. At the meeting a discussion was held regarding housing and the Cornell University Community initiative, and the Committee reviewed a draft Memorandum of Understanding among Cornell University, the City of Ithaca, and the County to assist in determining how the community housing trust fund and the affordability fund would work. Mrs. McBean-Clairborne arrived at this time. The Town of Ithaca has been involved in the discussions regarding housing, however, they do not have Housing and Urban Development funds available. She said the language of the Memorandum of Understanding is being developed in a manner to allow additional municipalities or employers to participate. The Committee reviewed the water -monitoring plan for Cayuga Lake developed by the Water Resources Council and Cornell University. At the meeting there were not enough votes to pass the plan. On August 19th, there would be a full presentation of the plan given by Mr. Proto, Chair of the Water Resources Council, Ms. Jurkowich, and Ms. Johnson, with a resolution coming forward in September. A concern was raised at the meeting in regard to Cornell's request to reduce its requirements of monitoring through the Department of Environmental Conservation. Ms. Mackesey clarified the concern is due to a statement contained in the plan indicating support of Cornell University's reduction of monitoring sites and if there should be separation of the statement. Mr. Proto said the report indicates two sites overlapped for monitoring and that they should continue the monitoring with additional information on coliform and two other items. He said after a period of time, if deemed appropriate and with New York State Department of Environmental Conservation permission, consideration would be given to reducing the Cornell University responsibility of the two sites if the other entities are providing adequate data. Mr. Proto will provide Legislators with copies of the monitoring plan. Ms. Robertson said the joint statement we are being asked to adopt, indicated the funding for the monitoring plan would only came from Cornell University if the DEC permit requirements were reduced; she said the Town and the Environmental Management Council also had similar concerns. Ms. Mackesey said the proposal was good, but believes the joint statement should be reviewed. Ms. Kiefer said the joint statement is an appendix in the plan; perhaps the resolution could clarify support for the plan's approach but not the appendix. Ms. Robertson reported there was a presentation given by Gary Ferguson and Joe Gaylord of the Downtown Ithaca Alliance, requesting the County consider supporting it financially. The Committee also approved some tourism projects and will receive more detail on others. A request was made for advance information on the monitoring plan. Ms. Chock said she is working with the Water Resources Council and Ms. Jurkowich to revise the resolution regarding the water monitoring plan to make it acceptable to all. Mr. Koplinka-Loehr noted the tourism training grant information provided appeared to have a high per -hour fee for the training grant piece. The Committee will meet next on August 14th. Presentation ofResolution(s) from the Government Operations Committee (continued) RESOLUTION NO. 153 - AUTHORIZATION TO CONDUCT A PUBLIC HEARING — PROPOSED ACQUISITION OF PROPERTY FOR EMERGENCY COMMUNICATIONS (TOWER) FACILITY VIA EMINENT DOMAIN 227 July 15, 2008 MOVED by Mr. Hattery, seconded by Ms. Herrera, and unanimously adopted by voice vote by members present. RESOLUTION ADOPTED. WHEREAS, the County constructed a telecommunication facility on leased premises, a portion of Tax Parcel No. 2.-1-7 in the Town of Enfield, and WHEREAS, said telecommunications facility is an integral part of the County Emergency Communications System and access to it is essential to preserve the health and safety of Tompkins County citizens, and WHEREAS, access has been obstructed frequently over an extended period of time, and WHEREAS, the acquisition of an area surrounding the facility will ensure long term access to the telecommunications facility, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the Tompkins County Legislature conduct a public hearing pursuant to Section 201 of the Eminent Domain Procedure Law at the Tompkins County Courthouse on the 19th day of August, 2008, at 5:30 o'clock in the evening thereof, RESOLVED, further, That the purpose of said hearing is to inform the public and to review the public use to be served by the proposed acquisition and the impact on the environment and residents of the locality where the proposed acquisition will take place, RESOLVED further, That pursuant to Section 202 of the Eminent Domain Procedure Law, the Clerk of the Legislature shall cause to be published at least ten days and not more than thirty days prior to said hearing a notice of same in at least five consecutive issues of the Ithaca Journal. SEQR ACTION: TYPE II -20 Mr. Hattery, Chair, reported the second half of the next Government Operations Committee meeting, at approximately 3:00 p.m., would be a joint meeting with the Budget and Capital Committee to discuss rolling out the work of the Core Performance Committee; he invited Legislators to attend the meeting. Report and Presentation of Resolution(s) from the Budget and Capital Committee Mr. Shinagawa, Chair, reported the Core Performance Committee has been meeting since July 2007. This joint meeting will give Legislators an opportunity to see the work done by the Committee regarding standards and indicators as well as see new tools that assist in the ability to monitor consistently. Legislators will receive basic information regarding this at the budget retreat on August 5th At the Committee meeting members heard from Mr. Whicher and Ms. Jayne and it appears the three percent budget goal is possible, however, it only allows for approximately $760,000 over -target requests. Mr. Shinagawa provided an agenda for the upcoming retreat on August 5th. The Committee will meet on July 28th and will discuss possible dates for the expanded budget meetings. RESOLUTION NO. 154 - BUDGET ADJUSTMENT AND APPROPRIATION OF UNSPENT FUNDS FROM 2007 TO VARIOUS ACCOUNTS MOVED by Mr. Shinagawa, seconded by Mr. Hattery. A short roll call vote resulted as follows: Ayes — 14, Noes — 0, Excused — 1 (Legislator Burbank). RESOLUTION ADOPTED. WHEREAS, various departments have been certified by the Director of Finance to have unspent appropriations and excess revenues from 2007 resulting in a surplus of $3,447,175 on the County's books as of December 31, 2007, and WHEREAS, pursuant to County Fiscal Policy, surplus funds have been requested for use in the amount of $2,995,484 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: 228 July 15, 2008 BUDGET APPROPRIATION: FROM: General Fund Balance $2,995,484 TO: DEPT Use of funds Account Requested Rollover Board of Elections Voting Machine Technicians: Need additional funds to 1450 51000075 pay techs to setup, acceptance test and train on new voting equipment. Program Expense: Additional funds needed to pay 1450 54400 election inspectors to train and operate new voting machines. Senior Voting Machine Technicians: Need additional 1450 51000793 funds to pay Senior Voting Techs to perform duties for new voting machines. Replace pay spent on Special Election. $8,200 $28,050 $8,600 $44,850 County Laptop Computer Replacement for Budget Preparation 1230 52206 $2000 Administration Additional Printing Expenses for Budget Books & Special 1230 54330 $1,717 Projects Office Equipment - Micro cassette Transcriber 1230 52210 $ 200 Projector for the Legislative Chamber 1988 52222 $2,000 $5,917 County Attorney Return to the General Fund $22,659 County Clerk Archives grant completion — indexing backfiled land records into EDMS (Challenge Industries is vendor) Microfilming of civil papers - $4,000 (Challenge), conversion of microfilm to digital images - $15,000 (Challenge), and microfilm duplication - $10,000 (Challenge) 1410 54442 $78,450 Inventorying and scanning County Clerk archival records in Records Center Installing shelving and map cabinets for off-site records in 1410 52210 Records Center Additional public access computer terminals and printer 1410 52206 in Clerk's Office Department of AES Cayuga Appraisal (Resolution #138 Appropriation 1690 Assessment from Contingent Fund for Appraisal Report - Assessment Department) Cost for printing preliminary hearing informational 1355 54425 publications Grievance Day Location Rental — Women's Community 1355 54442 Building District Attorney Computers 1165 52206 $13,000 $12,000 $103,450 50,000 $4,433 $1,500 $55,933 $35,000 Legislature County Administrator Search Process 1010 54442 Personnel Professional Services 1430 54442 Department Probation Replacement for worn out video projector in the Sherman 3160 54400 Peer Room used for classes for the Day Reporting program Probation Cover revenue deficit from accounts (3140 $3,971; 3141 $6,757; 3142 $8,957) $7,000 $490 $1,500 $19,685 $21,185 Sheriffs Office The Sheriffs Office — Law Enforcement will pay for the 2007 budget shortfall in the jail. Normally budgeting units are not mixed, but it is my sense this year it would be appropriate since the shortfalls in the fail came from labor, transports and 229 $108,232 July 15, 2008 DEPT Use of funds Account Requested Rollover Sheriffs Office Sheriffs Office Sheriffs Office Sheriffs Office Sheriffs Office Sheriffs Office Sheriffs Office — Jail Social Services, Department of related boarding out costs rather than housing and medical, and because the large and unusual amount of rollover from the law enforcement budget came from temporary vacancies due to major shifts in employment status. New software for the civil office and scheduling software for law enforcement: This will enable us to have a more user friendly and safe version of our civil software that should enhance our productivity and communication with our clients and ensure better maintenance and use for our limited staff (eliminated a Civil Permit Clerk position permanently in 2007 at an approximate annual savings of $40,000.00 plus benefits). This funding will include the purchase of the software, training and some conversion from our current system. Annual maintenance is approx. $3,000 per year. New Patrol Car: This will enable us to maintain our fleet 3113 52231 expenses and have reliable fuel-efficient patrol vehicles that will do the job, without asking for permanent spending increases in our budget for auto maintenance or cars. New and improved criminal investigation equipment: This will 3113 52220 allow us to purchase a voice stress detector that will enhance our ability to investigate crime; especially sex abuse related crimes. In addition a few thousand dollars will be used to update some of our existing surveillance and photography equipment and provide the associated training for the new equipment. Law enforcement room renovation and misc. associated office furniture: This will allow us to better use our cramped quarters and provide a safer and better working environment for deputies. The plan for renovations was designed by staff after much thought to do the best we can with our limited space allocation in a safe and productive manner. Additional AED's and first aid equipment: This will allow us to insure we have an AED available for every marked unit in our fleet. We upgraded our current equipment earlier this year to insure we have the ability to serve the public and this purchase will allow us to insure basic first aid kits and AED"S for every patrd vehicle. Automotive Fuel: By my calculations we will be 3113 52310 approximately $22,000 short in our 2008 fuel budget. This will insure, unless gas prices continue to soar, that we can be close to budget on this expenditure. 3113 52230 $43,000 $25,000 $18,000 3113 52214 $15,000 3113 52220 $15,000 Budget Deficit The department will return all rollover to the general fund. $22,000 $246,232 -$108,232 $2,553,102 Weights and Measures I would like to purchase a new GM van. It will be smaller and hopefully more economical than my present one -ton van. 3630 52231 $27,185 SEQR ACTION: TYPE II -20 RESOLUTION NO. 155 — TO MAKE PERMANENT THE EXEMPTIONS FROM SALES AND COMPENSATING USE TAXES FOR RECEIPTS FROM SALES OF, AND CONSIDERATION GIVEN OR CONTRACTED TO BE GIVEN FOR, OR FOR THE USE OF, PROPERTY AND SERVICES EXEMPT FROM STATE SALES AND COMPENSATING USE TAXES PURSUANT TO SUBDIVISION (ee) OF SECTION 1115 OF THE NEW YORK STATE TAX LAW, PURSUANT TO THE AUTHORITY OF ARTICLE 29 OF THE TAX LAW OF THE STATE OF NEW YORK MOVED by Mr. Shinagawa, seconded by Mrs. McBean-Clairborne. Mr. Shinagawa reported the resolution would make permanent the sales -tax exemptions on the purchase and servicing of residential 230 July 15, 2008 solar energy systems equipment. Ms. Chock said she had proposed a change in the title of the resolution to "To Permanently Exempt Residential Solar Energy Systems Equipment and the Service of Installing the Systems From Local Sales and Compensating Use Taxes, Pursuant To Subdivision (ee) of Section 1115 of the New York State Tax Law, Pursuant to the Authority of Article 29 of the Tax Law of the State of New York", however, the County Attorney advised against it. She desired to register a complaint that the State does not allow the County to use plain language. Ms. Kiefer suggested language change to include parenthetical reference to what the resolution's purpose is. Mr. Wood spoke of the State's division responsible for the adoption of a resolution such as this and noted they are very cooperative in assisting counties. He noted the resolution is in a form pre - approved by the division and he recommended adopting as is. The resolution, if approved by the Legislature, would be sent to the State for approval. Mr. Proto asked if individuals purchasing solar equipment are eligible for State grants and was informed they were. Mr. Proto said he would not support the resolution as it does not provide exemptions for other alternative energy equipment. At this time Mr. Koplinka-Loehr disclosed his recent purchase of a home with pre-existing solar panels. He said the resolution would not provide any benefits to him. A voice vote on the resolution resulted as follows: Ayes — 12, Noes — 2 (Legislators Proto and Randall), Excused — 1 (Legislator Burbank). RESOLUTION ADOPTED. WHEREAS, in 2005 the County Legislature approved Resolution Nos. 196 and 214 to exempt residential solar energy systems equipment and the service of installing the systems from local sales and compensating use taxes, and WHEREAS, said exemptions were approved with a sunset clause of November 30, 2008, and WHEREAS, the County Legislature wishes to extend and make permanent the exemptions, now therefore be it RESOLVED, on recommendation of the Budget and Capital Committee, That it be enacted by the Legislature of the County of Tompkins as follows: SECTION 1. Section two of Resolution No. 196 of 2005 is amended to read as follows: SECTION 2. This resolution shall take effect December 1, 2005, and shall apply to sales made, services rendered, and uses occurring on or after that date in accordance with the applicable transitional provisions in sections 1106, 1216, and 1217 of the New York Tax Law. SECTION 2. This resolution shall take effect December 1, 2008. SEQR ACTION: TYPE II -20 Report from the Public Safety Committee Mr. Stevenson, Chair, said the Committee would meet on July 18th at 2:00 p.m. Report from Workforce Diversity and Inclusion Committee Mrs. McBean-Clairborne did not have a report. Report from the Health and Human Services Committee Mr. Proto, Chairman, reported the Committee met on July 2°d and heard the Lakeside Nursing and Rehabilitation proposal was accepted by the State, retaining the 100 skilled -nursing beds, 80 -bed assisted -living, 55 out -slots, and 25 slots targeted to low-income. The Committee was informed that approximately $1.5 million was received from the State by various County Departments and other agencies to cover a variety of housing programs for low-income, frail elderly, and disabled individuals. 231 July 15, 2008 Ms. Ann Tonzi, Director of Hospicare, provided an overview of services offered by Hospicare, which included new regulations that will amend business practices. The Committee heard of Child Protective Services increased caseload, which has some caseworkers exceeding the New York State recommended levels of active cases. It was noted the amended reporting guidelines could be contributing to the increase. Youth Services provided a report on the Youth Board funding recommendations and the Committee received an update on the Bridges anger -management program. The next meeting of the Committee will be on August 6th. Report from the Facilities and Infrastructure Committee Mrs. McBean-Clairborne, Chair, will defer to Ms. Herrera to report on the meeting held prior to the Legislature meeting. There would be a joint meeting of the Health and Human Services and Facilities and Infrastructure Committee at 2:30 p.m. Thursday, July 17, 2008, to review the feasibility report of the Lifelong/County Office for the Aging. Ms. Herrera, Vice Chair, reported the Committee met briefly prior to the Legislature meeting to take action on the resolution presented under the Consent Agenda. Presentation of Resolution(s) from the Human Resources Committee RESOLUTION NO. 156 — AUTHORIZATION TO PAY ROAD PATROL CONTRACT NEGOTIATOR COSTS FROM THE CONTINGENT FUND MOVED by Mr. Dennis, seconded by Mr. Shinagawa. Mr. Dennis said there is arbitration set for October. Upon approval of the resolution approximately $35,000 will have been spent; a one percent increase in Road Patrol salaries is approximately $30,000. A short roll call resulted as follows: Ayes — 14, Noes —0, Excused — 1 (Legislator Burbank). 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 $17,000, and WHEREAS, no funds have been budgeted or allocated for these costs, now therefore be it RESOLVED, on recommendation of the Human Resources and the Budget and Capital Committees, That negotiator fees in the amount of $17,000 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 $17,000.00 TO: A1430.54442 Professional Services $17,000.00 RESOLVED, further, That the Contingent Fund appropriation will not affect the Personnel Department's 2008 rollover allocation. SEQR ACTION: TYPE II -20 Individual Member -Filed Resolution RESOLUTION NO. 157 — APPROPRIATION FROM CONTINGENT FUND - FUNDING FOR LANSING COMMUNITY LIBRARY CENTER (Resolution Lost) MOVED by Mr. Sigler, seconded by Mr. Randall. Mr. Sigler said his initial request for the library had been for $21,000, pro -rated to cover the nine-month period the library was chartered, and the resolution had failed at the Committee level. He is bringing back a request for $5,000, stating that 232 July 15, 2008 although the Library has received grant funding to assist with the change, he believes they deserve to have assistance to assure the library has a solid beginning. Mr. Proto spoke of his previously having Chaired three special committees regarding libraries and is supportive of the resolution, however, he believes the County should not provide support at the same level as the other established libraries. Mr. Stevenson said he is normally supportive of libraries and applauds Mr. Sigler's efforts on behalf of his constituents. He has had an opportunity to speak to the library staff and following the discussions, which indicated the funding was not directly requested or needed, would not support the request. Mr. Koplinka-Loehr noted the library is not directly requesting the funds at this time. He spoke of the other rural libraries having requested funding and in an attempt to be equitable, all had received the highest requested amount. As they have not requested the funds he will not support the resolution. Mrs. McBean-Clairborne agreed with Mr. Proto's comments and said she would like to make it clear that the search committee should undertake an inclusive search for a library manager; she would like to hear of their efforts. Ms. Kiefer agreed with Mr. Stevenson's comments and noted the justification for funding is not the same as the other libraries when they initially started up. She will review any requests in the next budget cycle. Mr. Proto clarified that the rural libraries were not provided the $20,000 to join the Finger Lakes Library System. When they began each were given $1,000, which has increased over the years for various reasons. The large increase was due to the need to undergo the Dynex upgrade. Ms. Chock is supportive of the library, noting as a young child she developed her own lending library and donated overdue book funds to the local library. A roll call vote resulted as follows: Ayes — 5 (Legislators Chock, McBean-Clairborne, Proto, Randall, And Sigler); Noes — 9 (Legislators Dennis, Hattery, Herrera, Kiefer, Koplinka-Loehr, Mackesey, Robertson, Shinagawa, and Stevenson); Excused — 1 (Legislator Burbank). RESOLUTION LOST. WHEREAS, the Lansing residents voted to change the Lansing Reading room to the Lansing Community Library Center, making it a member of the Finger Lakes Library System, on December 11, 2007, and WHEREAS, as of March 2008 Lansing Library has been chartered by the New York State Department of Education, and WHEREAS, Tompkins County gave each of the four rural libraries, (Trumansburg, Newfield, Dryden and Groton) $5,000 start-up funds for a total of $20,000 when they joined the Finger Lakes Library System to allow for that transition, now therefore be it RESOLVED, That the Tompkins County Legislature gives the Lansing Library $5,000 for the period of March 2008 to March 2009 to cover start up costs which were unplanned and not built into the budget for the tax roll, and which are essential items as they move from provisional to permanent Charter status, RESOLVED, further, That the unforeseen costs include: • $2,000 for the Lansing Community Library Search Committee, which was authorized by the Board of Trustees to hire a library manager to start in October 2008. This includes travel costs, if necessary, for applicants • $3,000 for accountant and lawyer fees. A one-time limited hire of an accountant to set up the library's accounting system for a treasurer and bookkeeper. An attorney will also be needed to review some of the paper work and answer questions on New York State law as they complete the process of procuring a permanent charter RESOLVED, further, That the Tompkins County Legislature authorizes that the Director of Finance is hereby authorized and directed to make the following budget appropriation: From: Contingent Fund 1990.54400 $5,000 To: Lansing Community Library Center 7410.54400 $5,000 SEQR ACTION: TYPE I1-20 233 July 15, 2008 Approval of the Minutes of .June 17 and July 1, 2008 It was MOVED by Mr. Proto, seconded by Ms. Robertson, and unanimously adopted by voice vote by members present, to accept the minutes of June 17 and July 1, 2008. MINUTES APPROVED. Adjournment On motion the meeting adjourned at 7:20 p.m. 234 August 5, 2008 Special Meeting Call to Order Chair Koplinka-Loehr called the meeting to order at 5:30 p.m. Roll Call of Members Present: 14 Legislators (Legislator Mackesey arrived at 5:35 p.m.); Excused: 1 (Legislator Randall). Appointment of Director of Probation and Community Justice Mr. Whicher, County Administrator, on behalf of the Search Committee is recommending the appointment of Pat Buechel as the Director of the Probation and Community Justice Department for the Legislature's confirmation. It was MOVED by Mr. Stevenson, seconded by Mrs. McBean-Clairborne, to confirm the appointment of Pat Buechel as the Director of the Probation and Community Justice Department. At this time, Legislators were given the opportunity to read a memorandum distributed just prior to the meeting. Ms. Mackesey arrived at this time. Mr. Proto said he has been disappointed in the past with the flow of information regarding alternatives -to -incarceration programs and the cost effectiveness with them. Ms. Buechel assured Mr. Proto that she will work with the Legislature, answer questions, and provide information as requested. Further discussion followed concerning the memorandum and it was MOVED by Mr. Sigler, seconded by Ms. Robertson, to hold an executive session to discuss a personnel matter. A voice vote resulted as follows: Ayes — 13, Noes — 1 (Legislator Herrera), Excused — 1 (Legislator Randall). MOTION CARRIED. An executive session was held at 5:39 p.m. and returned to open session at 5:51 p.m. A voice vote resulted as follows on the appointment of Pat Buechel as the Director of the Probation and Community Justice Department: Ayes — 14, Noes — 0, Excused — 1 (Legislator Randall). MOTION CARRIED. Resolution from the Budget and Capital Committee RESOLUTION NO. 158 — APPROPRIATION FROM CONTINGENT FUND AND AUTHORIZING THE PAYMENT TO ENTER INTO A FIVE- YEAR LEASE AGREEMENT FOR THE TOMPKINS COUNTY BOARD OF ELECTIONS IN ITHACA, NEW YORK MOVED by Mr. Shinagawa, seconded by Ms. Herrera. In response to questions, Mr. Whicher provided an update on the lease agreement and some of the specifics in the contract. Ms. Kiefer asked what the status was of the subleasing proposal previously discussed. Mr. Whicher said he was unable to receive an agreement from the Federal government in time for this lease agreement to take effect and meet the needs of the Board of Elections. He continues to work on the proposal for subleasing but it will not happen immediately. Mr. Burbank asked about the level of security and Mr. Whicher said a security tracking system is being put in place that will track who and when someone is coming in or out of the building. 235 August 5, 2008 A short roll call vote resulted as follows: Ayes — 14, Noes — 0, Excused — 1 (Legislator Randall). RESOLUTION ADOPTED. WHEREAS, the Board of Elections has a need of a secure dry space to store electronic ballot marking devices (voting machines) and additional space for training Election Commissioners on the new devices, and WHEREAS, the ICS Press site on Hanshaw Road in the Town of Dryden was identified as the best fit for this purpose, now therefore be it RESOLVED, on recommendation of the Budget and Capital Committee, That the Director of Finance is hereby authorized and directed to make the following budget appropriation for the lease agreement with the landlord, Schug Realty, LLC, for the period of July 2008, through July 2013: FROM: A1990.54440 Contingent Fund $48,118.60 TO: 1621.54432 Program Expense (Rent) $36,958.80 1621.54432 Program Expense (Utilities & Maintenance) $ 5,000.00 1621.54432 Program Expense (Security Deposit) $ 6,159.80 RESOLVED, further, That the Utilities/Rent budget (1621) be increased each year as follows: Utilities & Budget Year Rent Maintenance Increase 2009 $38,622 10,000 $48,622 2010 40,360 10,000 50,360 2011 42,176 10,000 52,176 2012 44,176 10,000 54,176 SEQR ACTION: TYPE 1I-20 Recess Mr. Koplinka-Loehr declared recess for Legislators to hold a budget retreat. A recess was held at 6:00 p.m. and reconvened at 7:48 p.m. Executive Session It was MOVED by Ms. Kiefer, seconded by Ms. Robertson, to hold an executive session to discuss a personnel matter. A voice vote resulted as follows: Ayes — 13, Noes — 1 (Legislator Herrera), Excused — 1 (Legislator Randall). MOTION CARRIED. An executive session was held at 7:48 p.m. and returned to open session at 8:52 p.m. Adjournment The meeting adjourned at 8:52 p.m. 236 August 19, 2008 Regular Meeting Public Hearing — Informing the Public and to review the public use to be served by the proposed acquisition of property for the Emergency Communications (Tower) Facility on a portion of Tax parcel No. 2.-1-7 in the Town of Enfield, between Tucker Road and Podunk Road and the impact on the environment and residents of the locality where the proposed acquisition will take place Chairman Koplinka-Loehr called the public hearing to order at 5:30 p.m. and asked if anyone wished to speak concerning "Informing the public and to review the public use to be served by the proposed acquisition of property for the Emergency Communications (Tower) Facility on a portion of Tax parcel No. 2.-1-7 in the Town of Enfield, between Tucker Road and Podunk Road and the impact on the environment and residents of the locality where the proposed acquisition will take place. Richard Stumbar, Esq., local attorney, said he was asked by the County to provide representation concerning disagreements with regard to a lease that houses one of the communications towers in the Town of Enfield as well as the eminent domain proceeding. He said the County was served with papers approximately one hour ago by representatives of the property owner. The problem is getting access to the site. He also said it has always been the County's position to try to work with landowners. In those efforts a lease was negotiated by Jonathan Wood, County Attorney, and the property owner rather than immediately moving to an eminent domain process. The papers that were served upon the County today make assumptions that the issue is about a 12'/z ft. gap that was left out of the lease when the property in question was leased. He said the County only found out about that gap on July 30, 2008, a significant time after litigation has begun on this matter and not a part of the issue. He said the basis of this proceeding is the contentiousness between the landowners and the County from the beginning the problem is getting access to the site. There have been a series of arguments and disagreements from the beginning that has culminated in the County bringing forth the action and getting a temporary restraining order with respect to access to the site. Mr. Stumbar said the lease arrangement is not working out and he and Mr. Shurtleff believe it poses too much of a risk to the County to continue in this lease -hold arrangement. The County should take property by eminent domain and also pay a fair and reasonable price to the landowner for it. A copy of the order to show cause outlines several incidents in which access to the property was denied. Mr. Stumbar said the County cannot be sure that it will have access to the site in a crisis and no access to the site in an emergency situation could mean a total disruption in the County's communications system. He also said there are disagreements regarding how much damage was done to the road, what it will cost to repair is now pending in the Supreme Court. At this time the County needs to be assured access in the meantime to the site and the only way to do that is to obtain full and complete title to the property. He said the public purpose is a broad issue of safety and communications within Tompkins County and there is no question of the importance of that purpose. Lee Shurtleff, Director of the Department of Emergency Response and Project Manager for the Communications System project, made the following comments for the purpose of explaining the issue in order to understand how the system works. The site in Enfield and its associated facilities are one of ten sites that has been constructed by Tompkins County government between 2006-2008 for the purpose of a Countywide public safety communications system. The design that was used for technology was for that of a trunked simulcast voice and data radio system for two-way radio communications, responder paging, and transmission of data in the future. He stressed that because a facility is sited at any one particular location does not mean it impacts solely on that immediate area. Because of the simulcast nature of the system, all ten sites broadcast simultaneously when a message goes out for the purpose of creating Countywide saturation of radio coverage. 237 August 19, 2008 The Enfield site not only serves a great portion of the western side of the County, but also sends signals across the lake to areas that cannot be covered by towers on the east side of the County. All ten sites working together create the simulcast nature. The Communications Capital Project Committee established a number of goals when this project began in the late 1990's: to create interoperability among the public safety agencies and other governmental entities that would be using radio communications systems. Those include law enforcement, fire, emergency medical services, public health, public works, and local governments. The goal was to create Countywide radio coverage that was accessible to all, used the least number of towers at the lowest possible heights, at the least cost, and with the least environmental impact. A copy of the Environmental Impact Statement (EIS) that was adopted in 2005 is on file. Mr. Shurtleff said he would place on file other information with the Legislature that shows the area and the land towers were built upon. With respect to the construction preference, the Legislature directed staff to find existing landowners who were willing to lease property to the County and to also put the facilities together in environmentally non -sensitive areas. With respect to Enfield and the west side of the County, at the time there were no existing communications sites in that general area that were identified that could be used in the propagation studies being worked on. On the site there is a 180' self-supporting steel tower, a 12x36' shelter, generator, propane tank, fenced compound, roadway access, and utility extensions. He said they are looking at a 100x100' leased area with an access driveway. Initially they looked at a site one-half mile to the south. The area under discussion this evening was offered to the County by the Kinney family in a phone call to Mr. Shurtleff several years ago when they became aware the County was looking to put a site in the area. Questions were raised as to what it would entail and what the County would potentially pay. He stated he took this information to Jonathan Wood, County Attorney, and he and others went out and examined the site. They found the site to be preferable to the one that the County had been looking at putting an option on previously. The land itself is a large former chicken farm with a number of abandoned buildings, roadways throughout the complex, and far away from any other housing or facilities. For the most part the land is unused farmland as opposed to an area that was closer to homes and would require the opening of fields and removal of trees. Mr. Shurtleff said a number of radio propagation studies were conducted to confirm the coverage and enhance the radio penetration throughout the County. Height and location played into the system as well because of being able to link into other projected sites. The Town of Enfield was brought into the process and participated in environmental impact studies, the visual surveys, and determined there wasn't a significant impact to the Town. Mr. Shurtleff met with the Town and provided an overview prior to moving forward with the property. A full EIS was conducted in 2005 for all of the impacted sites at a cost exceeding $300,000. The towns provided their comments at the time and the County complied as they requested. Factors included in the EIS were land use, visual impact, cultural and historical significance, and system needs and alternatives. All were explored and a negative declaration was accepted by the Legislature in 2005 to move the project forward to construction. Construction began in late summer, 2006. At that time papers were taken to Mr. Kinney's son that provided the full site plan, diagrams, surveys at the time, as well as information on how construction was to proceed and introductions were made to the project manager for the contractor's project management firm. Mr. Shurtleff noted that significant utility extension was done on the property. There were some problems that arose through construction and disagreement that delayed over one-year in time from receiving an easement from the property owners that would allow the County to extend utilities onto the site. One of the things that was a benefit of the site when it was first looked at was the number of telephone and electric poles that were throughout the property that would have made for an easy extension. The family requested that the County explore alternatives that wouldn't cause them to have many more of these facilities on site. An underground arrangement as well as an extension from the Tucker Road area to the east side of the premises was looked at. Mr. Shurtleff said at the request of the Kinney family at the time he agreed that the County would extend it from the Tucker Road instead of 238 August 19, 2008 across the farm as originally intended at an extra cost of $10,000 to the County and several additional months of negotiations. Construction had commenced and while the County was waiting for the easement to occur the system itself and all the other sites came on line and in order for the project to continue on time and online and be able to test the technology the site was run for several weeks on generator power until Motorola was able to prove that the system was operating completely. Mr. Shurtleff reiterated comments made by Mr. Stumbar earlier with regard to some difficulty that happened between the contractors that were working on-site and a feeling there was damage to the roadways. This remains a point of discussion and an issue they continue to address. On one occasion there was a stop work order given verbally by the property owners and contractors sent away from the site; and twice since that time vendors that had been working on the site doing property installations have been ordered off the premises. The vendors indicated they felt intimidated at the time and would not return to the site if there was not an escort from the Department of Emergency Response or law enforcement agency in the future. Since that time, a staff member from the Department of Emergency Response has gone there and he has asked that the Sheriffs Office be familiar with the site in case there are difficulties that arise. In late April/early May Mr. Shurtleff said debris was found throughout the site and across the access point to the location, posted signs, and yellow "scene" tape strewn around the western boundaries around the roadway. This was reported by the County Attorney's Office; at which point discussions were had among legal counsel for the agencies. Mr. Shurtleff said that now the communications system is being brought online and there have been full acceptance testing with Motorola and public safety agencies are being deployed. The coverage that was projected has exceeded requirements and he expects the system to be fully operational within the next few weeks. One thing that the Town of Enfield requested at the time the site was being looked at was to make the site possible for co -location use. He noted there are no co -locators at the site and an arrangement has not been pursued because of the inability to provide security to people who may want to look at the site. He said he is not comfortable in encouraging someone to develop or add to the site until the situation is resolved. Mr. Shurtleff said alternatives to the parcel are difficult to assess without potential alternative locations. To do so would require extensive studies, environmental and public review, and town and neighborhood input. All of this could be done but the impact on the overall system would be present. He said for any one site or transmitter to be moved within the simulcast system would mean that the entire system would have to be reengineered. Mr. Shurtleff said he would not recommend a movement of the site, not only because of the financial reasons, but also the impact on the coverage the system is now providing. The financial impact of such a move could be $1 million or more. Lastly, Mr. Shurtleff spoke of the impact of this site on a 24x7 operation and said the County has to be able to get into that site, and all sites within the system at all times during the year. Based on the hostilities and difficulties that have been experienced, he doesn't feel the needed relationship can be established for the life of the system. Jonathan Wood, County Attorney, said he arranged for the acquisition of all ten sites referred to by Mr. Shurtleff. Nine have gone well but he said there has not been good co -existence at this site. Landlord and tenant and said the papers that were submitted today explain why the entrance was blocked off on the most recent occasion. He said the County was under the assumption that this blockage was due to a disagreement relating to the amount of damages done to the property by the contractor. However, the documentation received today claims that there is 12'/2 feet gap between the access road and the County's site that the County doesn't have a right to. Mr. Wood said this shows the lack of communication and lack of good co -existence that needs to happen if the County is to lease the site. He recommends the County take action to own the site. 239 August 19, 2008 Mr. Douglas A. Foss of Harris Beach, Attorneys At Law, distributed copies of a letter dated August 19, 2008, with regard to the public hearing on eminent domain. Mr. Foss said his client negotiated a lease, paid to negotiate a lease, wants the lease, and is happy to co -exist with the County on the property in question. Mr. Foss spoke of points contained in his letter below and affidavits presented to the Tompkins County Legislature: "Dear Sir/Madam: "Please be advised that we represent J. William Kenney and the John William Kenney Revocable Trust (hereinafter "the Trust"). The Trust owns the property that would be acquired by the County through the exercise of eminent domain and desires to make a record of the issues property before this body under article 2 of the eminent Domain Procedure law ("EDPL"). We have submitted for the Legislature's consideration materials associated with certain litigation commenced by the County against our clients relating to the cell tower located on the Trust's land. These materials include: • The lease Agreement between J. William Kenney and Tompkins County for premises constituting a 100' by 100' Telecommunications site, Tucker Road, Enfield, New York • Affidavit of J. William Kenney dated August 19, 2008, together with exhibits, • The Affidavit of William S. Kenney dated August 19, 2008, together with exhibits, and • The Answer with Counterclaims. "Section 203 of the Eminent Domain Procedure law sets forth the aspects required of any determination to proceed by eminent domain. It requires every condemnor to specify "the public use, benefit or purpose to be served by the proposed public project". Further, every condemnor must specify "the approximate location for the proposed public project" and the reasons for the selection of that location". Section 203 imposes additional requirements governing this hearing, and it requires the condemnor to outline the purpose, proposed location and alternate locations of the public project. It also allows interested persons the reasonable opportunity to present oral and written statements concerning the proposed project. "The present proceedings are uncommon in that they do not involve a proposed project; they involve a completed one. The County has a cell tower on leased property that already is operational. In this sense, there is no proposed project at all. "You have before you the Lease Agreement for the cell tower site. It affords the County control of the site, on which the County already has erected a cell tower and related improvements. You have before you the affidavits of our client and his son, together with pertinent exhibits. They demonstrate that the brush and signs placed in the vicinity of the cell tower were placed there based on a mistaken understanding of the lease derived from the County Attorney, Jonathan Wood, and were removed once that Mr. Kenney learned that the County had an issue with them. The affidavits also demonstrate that Mr. Kenney, through his counsel, has twice informed the County that he has acted to assure that there are no disruptions in the future. Indeed, Mr. Kenney's affidavit demonstrates that there was in fact no meaningful interference with the cell tower site or its operations. The brush that ostensibly provokes this meeting was in location for nearly four months before Mr. Wood brought it to Mr. Wheeler's attention, and the photographs demonstrate why it took so long to make that call. The County was not impaired in the operation of the cell tower. "We have researched the issue of whether a condemnor can acquire real property over which it already has secured control by lease. The cases suggest that condemnors do not have the power to unilaterally abrogate the existing arrangements for the public use. Matter of Wa-Wa-Yanda, Inc. v. Dickerson, 18 AD2d 251, 256 (2d Dep't 1963) ("courts should not...enable a municipal corporation to disavow its just commitments or obligations, or to conduct itself respecting them in a manner violative of fair dealing, which they would not sanction were natural persons the parties involved"). 240 August 19, 2008 "Based on the foregoing law, and in view of the facts set forth in the affidavits, the County's exercise of eminent domain could never be lawful and justified with respect to property encompassed by the existing Lease Agreement. It seems obvious from the papers that these proceedings and all attendant time and expense arises from the fact that the County's surveyor staked the wrong location and that the cell tower an its facilities have encroached upon our client's land outside the described lease parcel. Perhaps in somewhat different circumstances, it might be a public purpose to acquire real property on which the County has been unlawfully trespassing, as such property would be outside the area encompassed by the Lease Agreement. The strictures of EDPL article 2 require the County to confine its taking to property to which it does not already have use under lease. "Further, we wish to inform you that the Trust is perfectly willing to expand the Lease Agreement to encompass the additional square footage utilized by the County as a result of its surveyor's error. The County has made not the slightest effort to discuss this prospect. Rather, the County initiated these proceedings without even securing a statement of interest from the landlord. We question how, without even having investigated the prospects to extend the description in the Lease Agreement, the County can find that there is a public purpose to be served by exercising the power of eminent domain. "The County should proceed cautiously in these circumstances. It risks proceeding without a valid public purpose, which would generate significant litigation under EDPL Section 207. If it determines that the public purpose arises from the existing trespass, then it leaves itself liable for the ongoing trespass and damages associated with it. Further, the exercise of the sovereign power of eminent domain potentially generates claims against the County for consequential damages, which are beyond the damages awardable in a valuation proceeding under EDPL article 5. We have asserted such a claim on behalf of our client as a counterclaim in the enclosed Answer. Our client much would prefer to preserve (and modify) the existing Lease Agreement to encompass the encroachments as opposed to litigating damages issues for the next couple of years. A condemnor has 90 days within which to make determinations under EDPL article 2. Perhaps the County should instruct its representatives to ascertain whether they can solve the perceived issues informally and through agreement. "Thank you for your consideration. We look forward to appearing before you this evening." A copy of the additional documents submitted by Mr. Foss are on file with the Clerk of the Legislature. Mr. Foss concluded his comments and asked that the County direct its representatives to speak with Mr. Kenney. He expects the issues could be resolved and any lack of effort to do that would only undercut the pubic purpose argument altogether. Pledge of Allegiance to the Flag Members and guests participated in the Pledge of Allegiance to the Flag. Present: 11 Legislators. Excused: 4 (Legislators Hattery, Mackesey, Randall, and Robertson.). Report from County Staff Susan Cook, Chair of the Criminal Justice Advisory/Alternatives-to-Incarceration Board, introduced Nancy Andino of the New York State Department of Criminal Justice Services and Correctional Alternatives. Ms. Andino is Tompkins County's representative from the Department of Probation and Correctional Alternatives (DPCA). She spent today meeting with advisory board members and staff from various County departments on data -sharing initiatives and measuring Tompkins County's programs that receive DCPA funding. Ms. Andino said it is refreshing to see all of the work being done in Tompkins County. She said a tremendous amount of work is being done and the County has done what the DPCA is asking counties to do in a way to meet the needs of those in the system while also addressing recidivism. 241 August 19, 2008 Privilege of the Floor by the Public Lincoln Adams, Town of Caroline, read and submitted the following statement: "In the last three years, my assessment has risen over 40%. If this continues, there will be a point where I will no longer be able to afford the taxes. I have unsuccessfully appealed each time. I and every other person I have talked with feel the same way; that the whole process is flawed! It penalizes real property owners, who as in my case, tried to achieve the American dream by building their own homes with their own sweat and labor. I built what I thought to be a retirement home two miles up a dirt road on a plot of land. I know the real value of my home because I bought every board and nail. Other homebuilders I know own homes that are now assessed at twice the building cost. In addition, by taxing us more as we improve our properties, the system does not encourage real property owners to make improvements. "I also feel that the current system penalizes families that have owned property for many years. Take, for example, those families that bought along the lake many years ago. They can no longer afford the taxes and are forced to sell!! Or consider the many people on fixed incomes who've owned property and are being squeezed financially due to the tax burden. "The current system is broken and needs to be changed!! It is clearly not following the rules. Assessment is supposed to be tied to the real estate market. I have data from the Ithaca Board of Realtors which showed housing sales from 2006 to 2007 down from 886 to 837, a decrease of 5.6%, while the average price increased from $195,586 to $204,720, an increase of 4.6%. so why has my property increase in market value 17% and gone from 85% to 100% of its value, resulting in a total increase of 32%? "Also, is there any other system where you were assumed to be guilty and must prove your innocence, and the accusers don't have to provide the information used to arrive at their conclusions? When I compared my neighbor's assessments, I found there was a large range, from 5%to 28% increase in property value. None of us knows why our assessment went up by the amount it did. "The entire appeals process was painful, and I felt that they weren't going to do anything — which is exactly what happened. I believe this is an abuse of power! Solutions: • Make an equitable assessment and do not change it until the property is sold or major improvements are done. The assessment stays as assigned, period! This helps protect long-term owners and families on fixed incomes. Given that Tompkins County needs revenue to run, the County should institute a means of getting that revenue from a consumer (increased sales tax) and/'or income -based system. This system allows for the "damage" to be spread over a larger population with a more equitable distribution. For example, a person's assessment won't exceed five percent of their income. • Cornell University and other tax exempt organizations need to ante up more money! • New York State is causing much of this problem by passing many things on to the local counties. Our legislators need to receive the same message. When I compare where I live, and I do love it here, to other states I've visited, someone needs to explain to me why it costs us so much more. How is it that we have the dubious distinction of being one of the highest taxed states in the nation?! "This is an extremely important issue, not only to me but to all other of your constituents. I have become a single -issue voter and a reluctant activist. We will be watching, and if progress is not made, we will vote for someone who can get this fixed. 242 August 19, 2008 Privilege of the Floor by Legislators Ms. Chock, District No. 3 Legislator, thanked Robert DeLuca, Commissioner of Mental Health Services, for providing her and Legislator Burbank with an orientation and tour of the Department. She said mental health services is an area that often remains hidden but noted Tompkins County's Mental Health Department serves over 2,200 people each year. Ms. Chock spoke of gas exploration and new methods for drilling in the County, and said she would like to take a comprehensive look at this. There could be many positive and negative implications that are still unknown, such as the tax base, transportation, water quality, and environment. She asked that the County Attorney look at ways in which the County could locally regulate some areas rather than leave it to the State. Mr. Sigler, District No. 6 Legislator, said this week the County is going to be buying some billboards; he said although he was a salesman involved in this he will not benefit in any way from this sale. Mr. Dennis, District No. 15 Legislator, commended Caryn Davies and Andrew Byrnes, graduates of Ithaca High School who received gold medals in the men's and women's 8 teams for rowing in the 2008 Summer Olympics. Mr. Proto, District No. 7 Legislator, also commended Ms. Davies and Mr. Byrnes for the accomplishments in the Olympics. He suggested a formal commendation by this Legislature would be appropriate for consideration. Mr. Proto said he continues to work on the Universal Fund, and said he has made arrangements to do an op-ed piece in the Ithaca Journal. Mr. Proto asked that a copy of Mr. Adams' statement be included in the minutes. Ms. Kiefer, District No. 10 Legislator, said people may recall that New York State has had very strict requirements for the testing of touch -screen voting equipment and is presently under a court order because it has failed to comply with requirements to use them. She stated recently Bo Lipari, League of Women Voters representative on the State Committee, reported machines are failing the tests in New York State. This sounds like bad news but it is good news because they are failing before New York has bought and used them, unlike other states. Mr. Burbank, District No. 12 Legislator, said he was delighted to learn that Chairman Koplinka- Loehr and his son, Sam, are riding in the AIDS Bike Ride. He encouraged others to ride, volunteer, or make a donation to this worthwhile cause. Approval of Resolution(s) Under the Consent Agenda It was MOVED by Mrs. McBean-Clairborne, seconded by Ms. Herrera, and unanimously adopted by voice vote by members present, to approve the following resolution(s) under the Consent Agenda: RESOLUTION NO. 159 - AUTHORIZING AGREEMENT FOR TOURISM VISITOR PROFILE STUDY MOVED by Mrs. McBean-Clairborne, seconded by Ms. Herrera, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the Tompkins County Tourism Program has supported strategic initiatives that promote economic development and enhance the quality of life in the county, and WHEREAS, the County's Strategic Tourism Planning Board (STPB) has recommended continuing that promotion and enhancement through marketing and product development to contribute to the growth in Tompkins County tourism, and WHEREAS, the lodging supply has increased in recent years with the opening of a variety of national chain properties as well as independently operated establishments, and 243 August 19, 2008 WHEREAS, the Tompkins County Tourism program has historically tracked economic impact and visitor profiles using data compiled from state or regional level research that is unable to capture the unique characteristics of our local economy, and WHEREAS, in order to continue to make informed decisions supporting the tourism sector and the county overall, the STPB recommends that the County engage a consultant to assist with developing a comprehensive visitor profile and establishing a viable, focused, and on-going visitor profiling program, and WHEREAS, the County issued a request for proposals for consulting services for profile of visitors to Tompkins County and received five responses, and WHEREAS, the STPB carefully reviewed the responses and interviewed two candidates, and recommends that the County enter into a contract with Chmura Economics & Analytics from Richmond, Virginia, to provide the consulting services for profile of visitors to Tompkins County for an amount not to exceed $60,000, and WHEREAS, the Tompkins County Tourism Program has $40,000 and the Convention and Visitor's Bureau has $10,000 budgeted in the 2008 budget for the consultant, and the STPB has recommended an additional $10,000 in the 2009 budget for the consultant, 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 enter into an agreement with the Chmura Economics & Analytics to implement the visitor profile study in an amount to not exceed $60,000, RESOLVED, further, That the County Administrator or his designee be authorized to amend the Tompkins County Chamber of Commerce's contract to provide local resource coordination for the consultant for an amount not to exceed $2,000, RESOLVED, further, That the County Administrator or his designee be authorized to execute any documents related to this project. SEQR ACTION: TYPE II - 21 RESOLUTION NO. 160 — AUTHORIZING THE COUNTY TO ENTER INTO A CONTRACT FOR VANPOOL SUBSIDY CONTRACTS AND TAKE OTHER ACTIONS TO ENCOURAGE A NEW TOMPKINS CONSOLIDATED AREA TRANSIT (TCAT) VANPOOL PROGRAM MOVED by Mrs. McBean-Clairborne, seconded by Ms. Herrera, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the use of vanpools helps to reduce vehicular congestion, gasoline consumption, and air pollution, and WHEREAS, private companies currently provide, operate, and administer vanpool services for commuters in New York State, and WHEREAS, Tompkins Consolidated Area Transit (TCAT) has proposed a vanpool subsidy program which will provide partial subsidies for eligible vanpools in order to lower the cost to commuters who participate in vanpooling and thereby increase the attractiveness of vanpooling as a commuting option, and WHEREAS, such subsidies will facilitate a travel alternative in geographical locations where traditional public transit has not been available or feasible to operate, and WHEREAS, TCAT initially will be reimbursed for such subsidies by Cornell University and after a period of time TCAT anticipates Federal funding will be received by Tompkins County as a recipient of Federal Transit Administration (FTA) grants, and that such grants pass through to TCAT to supplement and replace Cornell University funding, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the County Administrator or his designee is hereby authorized to execute vanpool subsidy contracts, applications for aid, and any other documents needed to implement and promote the vanpool subsidy program. 244 SEQR ACTION: TYPE I1-20 August 19, 2008 RESOLUTION NO. 161 - INCREASE OF HOURS — SENIOR ACCOUNT CLERK/TYPIST AND FORENSIC COUNSELORS — TOMPKINS COUNTY MENTAL HEALTH DEPARTMENT MOVED by Mrs. McBean-Clairborne, seconded by Ms. Herrera, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the Tompkins County Mental Health Department has reorganized the Billing and Records Units within its Administration as well as the Forensic Unit of the Mental Health Clinic, and WHEREAS, this reorganization requires the increase of hours in one (1) Senior Account Clerk/Typist, position number (568) Labor Grade I (9), and two (2) Forensic Counselors, position numbers (617 and 604) Labor grade P (16), from 35 hours per week to 40 hours per week, and WHEREAS, due to departmental reorganization, no new monies are needed to fund these position changes, now therefore be it RESOLVED, on recommendation of the Health and Human Services and the Budget and Capital Committees, That the positions of Senior Account Clerk/Typist, position number (568) Labor Grade I (9), and Forensic Counselor, position numbers (617 and 604) Labor grade P (16), be increased to 40 hours per week effective immediately. SEQR ACTION: TYPE II -20 RESOLUTION NO. 162 - AWARD OF BID — CUSTOMER SERVICE PERSONNEL (AIRPORT AMBASSADORS) CONTRACT — ITHACA TOMPKINS REGIONAL AIRPORT MOVED by Mrs. McBean-Clairborne, seconded by Ms. Herrera, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the Finance Department advertised a Request for Proposals for a three-year contract, with an option to renew for a further two years, with costs to be negotiated, to provide customer service and security services at the Ithaca Tompkins Regional Airport, and four proposals were received, and WHEREAS, the proposal deemed to be most suitable and in the best interests of the airport was received from Fairweather Enterprise of Ithaca, New York, and WHEREAS, the cost of the three-year contract, commencing on September 1, 2008, will be as follows: Year One Year Two Year Three $ 149,900.54 $ 149,900.54 $ 149,900.54 , now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the contract be awarded to Fairweather Enterprise of Ithaca, New York, and that the County Administrator be and hereby is authorized to execute said contract. SEQR ACTION: TYPE II -20 RESOLUTION NO. 163 - AWARD OF BID — CR 105, CORTLAND-McLEAN ROAD RECONSTRUCTION AND BRIDGE REPLACEMENT (BIN 3314250) PHASE 3 - PIN 3754.50, TOWN OF GROTON MOVED by Mrs. McBean-Clairborne, seconded by Ms. Herrera, and unanimously adopted by voice vote by members present under the Consent Agenda. 245 August 19, 2008 WHEREAS, Resolution No. 324 of 2001 approved a project to replace the bridge carrying County Road 105, McLean -Cortland Road, also known as School Street, over Fall Creek, P.I.N. 3754.50, in the Town of Groton, 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 July 28, 2008, and WHEREAS, the bids for the project exceeded the project budget of $861,000, but the New York State Department of Transportation has indicated that the Federal share of the project should still pay for eighty percent of the bid cost, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the bid be awarded to Economy Paving Company, Inc., of Cortland, New York, lowest, responsible bidder, in the amount of $1,076,974.20, 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 on behalf of the County, funds to be provided from the McLean -Cortland Road Capital Account (HZ 5103.59239.53.02) and Road Maintenance Program Capital Account (HZ 5105.59239.51.05). SEQR ACTION: TYPE II -2 RESOLUTION NO. 164 - INCREASE OF HOURS - PARALEGAL TO THE COUNTY ATTORNEY- TOMPKINS COUNTY'S OFFICE OF THE COUNTY ATTORNEY MOVED by Mrs. McBean-Clairborne, seconded by Ms. Herrera, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the Paralegal to the County Attorney has had an increase in workload due to Criminal Justice Advisory/Alternatives to Incarceration (CJA/ATI) Board work, creating a need for additional hours, and WHEREAS, this requires an increase of hours from 37.5 hours to 40 hours per week, and WHEREAS, the County Attorney's budget can cover the cost for this year but in future years it is desirable to have a separate budget line created, now therefore be it RESOLVED, on recommendation of the Government Operations and the Budget and Capital Committees, That the position of Paralegal to the County Attorney, budgeting unit number 1420.51000312, be increased to 40 hours per week effective August 25, 2008, RESOLVED, further, That no new monies are needed in the current year to fund this position change. SEQR ACTION: TYPE II -20 Appointment(s) Approved Under the Consent Agenda It was MOVED by Mrs. McBean-Clairborne, seconded by Ms. Herrera, and unanimously adopted by voice vote by members present, to approve the following appointment(s) under the Consent Agenda: Advisory Board on Indigent Representation Heather Bissell — At -large representative; term expires December 31, 2010 Julia Dietrich — At -large representative; term expires December 31, 2009 Greg Stevenson — Legislator; term expires December 31, 2009 Will Burbank — Legislator; term expires December 31, 2009 Workforce Diversity and Inclusion Committee Mary DeSouza — Community member representative; term expires December 31, 2009 246 August 19, 2008 Presentation — Lifelong/Office for the Aging Feasibility Study Holt Architects made a presentation concerning the Feasibility Study, which is on file with the Clerk of the Legislature. The purpose of the Study was to address the following: Lifelong's client -base is expanding and that agency is not able to accommodate client needs in its current space and the County's Office for the Aging is also working in constrained space and needs to find alternative space. Mr. Gillepsie reviewed the Feasibility Study and how these two entities can co -exist at one site. The study also addresses future space requirements in anticipation of the demographic shift reflecting an increase in the population of senior citizens in Tompkins County. Current use of Lifelong programs and facilities is outstripping the available space to adequately provide services. The Feasibility study process was guided by a joint Lifelong/County Building Task Force comprised of: Dan Winch, Building Task Force Chair; and Lifelong Board of Directors: William Hawley, Lifelong Executive Director; Charles Brodhead, Lifelong Board of Directors; Noel Desch, Lifelong member, Ron Havard, Lifelong Board of Directors; Robert Matyas, Lifelong member; Mark Macera, Longview/Ithacare Executive Director; Ed Marx, Tompkins County Commissioner of Planning and Public Works; and Arel Lemaro, Tompkins County Facilities Division Director. Mr. Koplinka-Loehr noted that a resolution of intent would be forthcoming in September for the Legislature's consideration. Report from the Chair Mr. Koplinka-Loehr asked if any Legislator is interested in attending the upcoming NYSAC Conference to let staff know. He also announced a blood drive will be held at the Tompkins County Public Library on August 26 from 9 a.m. to 3 p.m. Report from the County Administrator Mr. Whicher reported he received disappointing news from the Statewide Wireless Network last week that the anticipated $400,000 in funding will not be received by Tompkins County. At this time he does not anticipate any other impacts from the State budget with the exception of shifting out the Health Department Building financing by one year. He said it is important that a united message be sent to the State that State Budget cuts cannot be made at the expense of the counties. This is not a real reduction, but only a shift in cost. Mr. Whicher reported he is close to completing his recommended budget. While the budget he will present will meet the Legislature's three percent goal, there will be many difficult decisions to be made to achieve that. Realistically, if it can stay at under 4.5%, you'll be doing really well. Report from the County Attorney Mr. Wood had no report. Report from the Finance Director Mr. Squires said tomorrow he will be sending out a $1 million payment to Motorola, which is part of the acceptance of the communications system according to the contract. Mr. Whicher noted two payments totaling $1 million from the federal government were received. Mr. Squires reported sales tax is continuing to hold up and is substantially above the current budget estimate. Mr. Proto spoke of Mr. Adam's earlier comments regarding raising income from other sources. He asked why the income tax did not move forward when it was previously considered. Mr. Squires said only cities are authorized to collect an income tax in New York State. Mr. Whicher noted there would potentially be a shift from income properties such as apartments to residential programs. 247 August 19, 2008 Withdrawal of Resolution(s) from the Agenda Chairman Koplinka-Loehr granted permission to the appropriate committee chair to withdraw the following resolution: Award of Grant — The Grandmother Project Addition of Resolution(s) to the Agenda On motion and duly seconded and unanimously adopted by voice vote by members present, the following resolution(s) were added to the agenda: Authorization to Accept Public Safety Interoperable Communications Grant, Department of Emergency Response; Budget Adjustment — Department of Emergency Response Report from the Planning, Development and Environmental Qualitv Committee Mr. Proto, Member, reported the Committee met and heard a report from Steve Penningroth of the Community Science Institute. The monitoring they have been doing implies that the phosphorus going into the Lake seems to be coming from the tributaries. The Planning Department staff also provided updates on the Flood Hazard Mitigation Program and the Housing Trust and Affordability Fund. The Committee was presented with the Planning Department's Annual Report and Mr. Proto encouraged Legislators to review it. He also reported on the success of TCAT's reduced fares during off-peak hours and stated ridership has been running 31.7 percent ahead. The TCAT Executive Committee discussed carrying this into the fall, but no decision has been made at this time. In reply to Mr. Sigler's questions, Mr. Proto said with the greater use off off-peak lower fares, TCA is only $14,000 behind stead of the estimated $20,000. TCAT has also been discussing a regional transit initiative. Mr. Proto announced the October 9 Committee meeting has been rescheduled to October 8t. Report from the Budget and Capital Committee Mr. Shinagawa, Chair, asked Legislators to review and provide comments on the final Expanded Budget and Capital Committee calendar. He announced the next regular Budget and Capital Committee has been canceled. Report and Presentation of Resolution(s) from the Public Safety Committee Mr. Stevenson, Chair, reported the Committee met on August 15 and many of the action items from that meeting are reflected on this evening's agenda. The Committee spent a significant amount of time discussing a proposal by County Administration to look at a public defender system versus an assigned counsel system for providing indigent representation services. The Committee took no action at that meeting; however, he expects many more questions will be raised with regard to this issue in the coming months. Mr. Proto said this issue was looked at twice before and suggested using reports on file in the legislature rather than duplicate past work. RESOLUTION NO. 165 — APPROPRIATION FROM CONTINGENT FUND — TERMINAL- PAY REIMBURSEMENT — DEPARTMENT OF PROBATION AND COMMUNITY JUSTICE 248 August 19, 2008 MOVED by Mr. Stevenson, seconded by Mr. Dennis. A short roll call vote resulted as follows: Ayes — 11, Noes — 0, Excused — 4 (Legislators Hattery, Mackesey, Randall, and Robertson). RESOLUTION ADOPTED. WHEREAS, the Department of Probation and Community Justice had a Probation Officer resign effective March 4, 2008, 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 the and Capital Committees, That the Director of Finance is hereby authorized and directed to make the following budget appropriation for 2008: FROM: A1990.54400 Contingent Fund $2,472 TO: A3142.51000585 Probation Officer $1,791 A3142.58800 Fringes $ 681 SEQR ACTION: TYPE II -20 RESOLUTION NO. 166 - APPROPRIATION FROM CONTINGENT FUND - REPLACEMENT PAY — DEPARTMENT OF PROBATION AND COMMUNITY JUSTICE MOVED by Mr. Stevenson, seconded by Mrs. McBean-Clairbome. A short roll call vote resulted as follows: Ayes — 11, Noes — 0, Excused — 4 (Legislators Hattery, Mackesey, Randall, and Robertson). RESOLUTION ADOPTED. WHEREAS, the Department of Probation and Community Justice had an employee out on disability for greater than two months in the Core Probation Services Program, and WHEREAS, the Fiscal Policy of Tompkins County allows for replacement pay from the Contingent Fund, not including the first two months of absence, now therefore be it RESOLVED, on recommendation of the Public Safety and the Budget and Capital Committees, That the Director of Finance is hereby authorized to make the following adjustment to his books for 2008: FROM: A1990.54400 Contingent Fund $3,600 TO: A3142.51000585 Probation Officer $2,609 A3142.58800 Fringes $991 SEQR ACTION: TYPE II -20 RESOLUTION NO. 167 - APPROPRIATION FROM CONTINGENT FUND - REPLACEMENT PAY — DEPARTMENT OF PROBATION AND COMMUNITY JUSTICE MOVED by Mr. Stevenson, seconded by Mrs. McBean-Clairbome. A short roll call vote resulted as follows: Ayes — 11, Noes — 0, Excused — 4 (Legislators Hattery, Mackesey, Randall, and Robertson). RESOLUTION ADOPTED. WHEREAS, the Department of Probation and Community Justice had an employee out on disability for greater than two months in the Core Probation Services Program, and WHEREAS, the Fiscal Policy of Tompkins County allows for replacement pay from the Contingent Fund, not including the first two months of absence, now therefore be it RESOLVED, on recommendation of the Public Safety and the Budget and Capital Committees, That the Director of Finance is hereby authorized to make the following adjustment to his books for 2008: FROM: A1990.54400 Contingent Fund $6,665 TO: A3142.51000585 Probation Officer $4,830 A3142.58800 Fringes $1,835 249 SEQR ACTION: TYPE II -20 August 19, 2008 RESOLUTION NO. 168 - AUTHORIZATION TO ACCEPT PUBLIC SAFETY INTEROPERABLE COMMUNICATIONS GRANT, DEPARTMENT OF EMERGENCY RESPONSE MOVED by Mr. Stevenson, seconded by Ms. Kiefer. Ms. Herrera said while she will support this resolution she does not like adding resolutions to the agenda. A voice vote resulted as follows: Ayes — 11, Noes — 0, Excused — 4 (Legislators Hattery, Mackesey, Randall, and Robertson). RESOLUTION ADOPTED. WHEREAS, Tompkins County is eligible for funding through the "Public Safety Interoperable Communications Grant Program" (PSIC) to be administered by the New York State Office of Homeland Security, and WHEREAS, it is beneficial for the County to further enhance interoperable radio communications with neighboring counties, and regional and state entities, and WHEREAS, such additional regional interoperability can be achieved through the acquisition and installation of a "Moto -bridge" gateway/radio frequency bridging device, compatible and integrated with the Motorola trunked 800 MHz communications system currently being implemented, now therefore be it RESOLVED, on recommendation of the Public Safety Committee, That Tompkins County accepts a PSIC Grant Award of $68,000 for the purposes of enhancing the communications system, RESOLVED, further, That the following accounts be adjusted accordingly: Department of Emergency Response Revenue: 3410.43389 (Other Public Safety) Expense: 3410.52222 (Communications Equipment) SEQR ACTION: TYPE II -20 RESOLUTION NO. 169 - BUDGET ADJUSTMENT — EMERGENCY RESPONSE MOVED by Mr. Stevenson, seconded by Mr. Proto, and unanimously adopted by voice vote by members present. Ms. Herrera reiterated comments made during consideration of the previous resolution. 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 Public Safety Committee, That the Director of Finance be directed to make the following budget adjustments on his books: Emergency Response Revenue Acct Title Amt Approp Acct Title(s) A3410.43389 Other Public Safety $135,303.53 3410.52222 Communications Equipment A3410.43389 Other Public Safety $ 20,000.00 3410.54311 Maintenance Explanation: Legacy radio frequencies have been reallocated by the Federal Communications Commission to a mobile satellite service necessitating immediate retirement of "old" microwave system components and relocation of radio equipment onto the new microwave system. Tompkins County will be reimbursed for related costs, including an extension at the new microwave system to our backup site and movement of equipment to various new sites. SEQR ACTION: TYPE II -20 Report from the Workforce Diversity and Inclusion Committee Mrs. McBean-Clairborne, Chair, had no report. 250 August 19, 2008 Report from the Health and Human Services Committee Mr. Proto, Chair, said the Committee met and received a report on an initiative the Health Department is working on concerning cases of sexually transmitted diseases. The Committee also received the same presentation given earlier on the Office for the Aging/Lifelong co -location. Mr. Proto said Department budget updates were distributed and members were asked to bring them back to the next meeting. The Committee received an update on the Healthy New York program and was informed that due to a glitch at the State level, individuals who for months thought they were eligible for health care found out eventually that their child was not eligible. Assemblywoman Lifton is helping to work on this. The next Committee meeting will be September 3`d Mr. Proto reported on activities of the Board of Health and stated the County policy with regard to what needs to be tested for lead poisoning has been enhanced and the protocols for it. They have also added an additional item to the HIB test and the vaccine policy is being enhanced. Report from the Facilities and Infrastructure Committee Mrs. McBean-Clairborne, Chair, reported the Committee met briefly this afternoon and will meet again on August 20 Report and Presentation of Resolution(s) from the Human Resources Committee Mr. Dennis, Chair, had no report. The next meeting will be September 4th RESOLUTION NO. 170 — CONFIRMING APPOINTMENT OF TOMPKINS COUNTY ADMINISTRATOR MOVED by Mr. Dennis, seconded by Mrs. McBean-Clairborne. Mr. Dennis said he served on the first search committee and followed the second search committee closely and is pleased that both groups arrived at the same goal and applauded the efforts of all involved. Mr. Dennis expressed extreme pleasure in the selection of Mr. Mareane. Mr. Whicher said he and County Administration staff are very pleased with the selection of Mr. Mareane and he anticipates a very smooth transition. Mr. Koplinka- Loehr said there will be a transition team and asked that any Legislator indicate their interest to him. A voice vote on the resolution resulted as follows: Ayes — 11, Noes — 0, Excused - 4 (Legislators Hattery, Mackesey, Randall, and Robertson). RESOLUTION ADOPTED. WHEREAS, the Tompkins County Charter provides that the County Administrator shall be appointed by the Legislature, and WHEREAS, a search process has been conducted over the last twelve months that included two separate recruitment efforts and rounds of interviews, and WHEREAS, the search committee for the second recruitment effort, consisting of five Legislators, two Department Heads, a County labor/employee representative, and two community representatives, recommended two candidates to the Legislature for consideration, and WHEREAS, the Legislature gave due deliberation to the candidates and took into consideration input from Department Heads who also had an opportunity to meet the finalists, now therefore be it RESOLVED, That the appointment of Mr. Joe Mareane to the position of Tompkins County Administrator is hereby confirmed by the Legislature, effective October 21, 2008, with an employment start date of October 28, 2008, to allow overlap with the existing County Administrator, RESOLVED, further, That the appointment of Stephen Whicher as Tompkins County Administrator shall terminate effective at midnight on October 27, 2008, with gratitude for the many years of service which he has committed to the public good of all residents in Tompkins County. SEQR ACTION: TYPE II -20 251 August 19, 2008 Report and Presentation of Resolution(s) from the Government Operations Committee Ms. Kiefer, Vice Chair, reported the Committee met on August 8th and conducted routine business. The Committee heard from the Finance Director good news that there have been more requests for certificate of residency for Tompkins Cortland Community College. He also reported on Tioga County's recent foreclosure auction in which there were two 200 -acre properties that sold for $.5 million each. Such prices could be due to the great interest in drilling for gas. The total proceeds for Tioga County's auction was $1.6 million, which is the equivalent to six percent of their tax levy. The Committee began discussing Legislature salaries; this was deferred to the November meeting. The Committee then adjourned to a joint meeting with the Budget and Capital Committee. Ms. Kiefer said attendance from the two committees at that meeting was not good. The Committees first heard the charge to the Core Performance Subcommittee that this was followed by a presentation by Lee Shurtleff and Julia Mattick of the framework that had been developed over many months. That framework consists of five performance dimensions of Tompkins County government and a list of performance standards and indicators. Ms. Younger then introduced quality assurance briefings, a performance management tool for Tompkins County that would ensure that major actions and major decisions are thoroughly vetted. Greg Potter and Angie White then led the Committees through a complex example of how this would work when it is applied to the ongoing human resource and payroll process. She expects the entire Legislature to receive this presentation in the future. RESOLUTION NO. 171 — AUTHORIZING A PUBLIC HEARING ON PROPOSED LOCAL LAW NO. 2 of 2008 - A LOCAL LAW PROVIDING FOR ENHANCED PERSONAL -PRIVACY FOR DOCUMENTS RECORDED IN THE OFFICE OF THE COUNTY CLERK, AND AUTHORIZING AN INCREASE IN FEES COLLECTED BY THE COUNTY CLERK FOR RECORDING, ENTERING, INDEXING, AND ENDORSING A CERTIFICATE ON ANY INSTRUMENT MOVED by Ms. Kiefer, seconded by Ms. Herrera. Mr. Proto questioned why two actions are tied together into one public hearing. Mr. Wood said these are part of one local law and reference one piece of State Legislation. He said this is the standard form of the law that all counties are adopting. Mr. Proto asked if there was any backup information that would pertain to either of these fees. Ms. Herrera referred to discussion that took place at the Budget and Capital Committee meeting concerning the joining of these two and said she is satisfied with the explanations that were provided at that meeting. Mr. Burbank requested further explanations of the costs and if the amounts contained in the local law are truly reflective of those costs. Ms. Chock requested a listing of these fees and what the difference in income is projected to be. A voice vote resulted as follows: Ayes — 11, Noes — 0, Excused — 4 (Legislators Hattery, Mackesey, Randall, and Robertson). RESOLUTION ADOPTED. WHEREAS, it is desired to amend the Tompkins County Code to increase fees for recording documents and add a new Article III, Enhanced Personal -Privacy Protection for Recorded Documents Law to Chapter 114, and WHEREAS, fees for recording documents have not increased since 1983, and WHEREAS, the instruments affected by the increased fees include but are not limited to deeds, mortgages, easements, land contracts, Powers of Attorney, miscellaneous records, discharges of mortgage, assignments and releases, now therefore be it RESOLVED, on recommendation of the Government Operations and the Budget and Capital Committees, That a public hearing be held before the Tompkins County Legislature in Legislative Chambers of the Tompkins County Courthouse, 320 North Tioga Street, Ithaca, New York, on Tuesday, September 2, 2008, at 5:30 o'clock in the evening thereof concerning proposed Local Law No. 2 of 2008 - A Local Law Providing for Enhanced Personal -Privacy for Documents Recorded in the Office of the 252 August 19, 2008 County Clerk, and Authorizing an Increase in Fees Collected by the County Clerk for Recording, Entering, Indexing, and Endorsing a Certificate on any Instrument. At such time and place all persons interested in the subject matter will be heard concerning the same, RESOLVED, further, That the Clerk of the Legislature is hereby authorized and directed to place proper notice of such public hearing in the official newspaper of the County. SEQR ACTION: TYPE I1-20 Approval of Minutes of July 15 and August 5, 2008 It was MOVED by Mr. Stevenson, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present, to approve the minutes of July 15 and August 5, 2008, as corrected. MINUTES APPROVED. Unfinished Business Mr. Proto inquired about the eminent domain procedures based on the comments made by the property owner's attorney this evening. Mr. Wood said the next step after the public hearing is for the Legislature to make findings and decide on whether to proceed with the eminent domain procedure. The County's attorney will put information together and the Legislature can make a determination at that time. He said action must be taken within 90 day or another public hearing is required. Adjournment On motion the meeting was adjourned at 7:55 p.m. 253 September 2, 2008 Regular Meeting Public Hearing —Proposed Local Law No. 2 of 2008 — A Local Law Providing for Enhanced Personal -Privacy for Documents Recorded in the Office of the County Clerk, and Authorizing an Increase in Fees Collected by the County Clerk for Recording, Entering, Indexing, and Endorsing a Certificate on any Instrument Chair Koplinka-Loehr called the public hearing to order at 5:30 p.m. concerning proposed Local Law No. 2 of 2008 — A Local Law Providing for Enhanced Personal -Privacy for Documents Recorded in the Office of the County Clerk, and Authorizing an Increase in Fees Collected by the County Clerk for Recording, Entering, Indexing, and Endorsing a Certificate on any Instrument, and asked if anyone wished to speak. No one wished to speak and the public hearing was closed at 5:31 p.m. Pledge of Allegiance to the Flag and Roll Call of Members Members and guests participated in the Pledge of Allegiance to the Flag. Present: 15 Legislators (Legislator Dennis arrived at 5:45 p.m.). Privilege of the Floor by the Public No one from the public wished to speak. Privilege of the Floor by Legislators Ms. Robertson, District No. 13 Legislator, called attention to the tee shirt she wore for Bike and Build, a sponsored a cross-country bicycle ride to raise money for affordable housing. She spoke of the participation of her daughter in the ride that crossed from Boston, Massachusetts, to Santa Barbara, California. Over the past five years almost $2 million has been raised to assist in building housing projects in Massachusetts, Nevada, and Los Angeles. During the ride thirty presentations were made throughout the country, with riders participating every five days in community builds for Habitat for Humanity and other organizations. Ms. Robertson expressed appreciation to individuals who sponsored her daughter in the event. Ms. Chock, District No. 3 Legislator, spoke of her continued orientation in various County departments, noting the most recent was at the Sheriff's Department and Corrections. She spoke of the importance of having a citizen -elected sheriff and the quality of training, both in technique and policy. She then spoke of recent events relating to demonstrations at national conventions during which protestors are being arrested. Ms. Chock is concerned that individuals right to exercise freedom of speech has been impaired and asked that locally a policy be clear on appropriate actions to avoid similar situations. Mr. Proto, District No. 7 Legislator, reported the proposed merger of Energy East and Iberdrola has been postponed due to a lack of attendance at the Public Service Commission meeting. He then expressed appreciation to all members who assisted in supporting the Veterans Cemetery at Sampson Air Base; the official groundbreaking ceremony will take place September 6th at noon. Tompkins Consolidated Area Transit has extended its off-peak $.50 fare for another two months to obtain additional information on ridership. Mr. Proto expressed concern regarding a recent article appearing in The Ithaca Journal stating there is a possibility of 30,000 wild horses and burros being destroyed by the Department of the Interior. He is seeking additional information from an Arizona Senator who is against the euthanasia and may request support from the Legislature to advocate not destroying the animals. 254 September 2, 2008 Mr. Dennis arrived at this time. Mr. Burbank, District No. 12 Legislator, agreed with Ms. Chock's concern regarding the random arrests of demonstrators and journalists, including Amy Goodman. He recalled the same type of occurrence during the previous election conventions and in New York City, with many held several days and then not charged. Some of the individuals sought legal recourse in suing New York City and on August 24th a $2 million judgment was set in place against New York for 52 protestors. He stressed that the right to assemble and free speech is a right we all have. Mr. Sigler, District No. 6 Legislator, believes in the right of free speech. He noted the articles shared by Ms. Chock spoke of the actions of the individuals, including attacks to delegates, smashing windows, slashing tires, etc. and that the right to free speech does not allow one to act in the manner noted. Report from a Municipal Official(s) Pat Leary, Town of Ithaca Board Member, reported the Town recently passed the small wind energy facility law. The Town has been reviewing a lakefront residential zone "docks" law and sent it back to committee for further revision, it is hoped to come back to the Town Board in October. The proposed Carrowmoor development; on the Mecklenburg Road, will be referred to the Planning Board in September for comment on a zoning ordinance change. Ms. Leary reported the new Director of Zoning Enforcement Officer, Bruce Bates, formerly of Chenango County, began his new position today. The Town is working on small revisions to the noise ordinance to provide more flexibility on how far in advance to apply; presently there is a 45 -day period, a different process may be created for institutional applications such as Ithaca College. The Legislature was informed that the Board of Appeals determined the markings on utility poles designating an eruv are not signs and therefore do not require zoning board action. Ms. Leary reported the Town of Ithaca received a grant in the amount of $25,000 from New York State Agriculture and Markets to be used for an agricultural plan within the town. In response to Ms. Herrera, Ms. Leary said the lakefront residential zoning law presently has a thirty -feet maximum on docks as well as certain set -back requirements. The planning board is reviewing the matter to see if the maximum length should be set at fifty feet and make appropriate modifications for set -back requirements due to the lakefront itself. Ms. Leary, in response to Mr. Burbank, stated the Carrowmoor project is located on upper West Hill and will have 400+ high-end innovative green -design housing units. The project required amendments to the zoning regulations to allow some of the commercial elements of the project. It was noted that the Town stressed the need to have a middle-income component as well. Mr. Stevenson inquired if any further information is available regarding the area the City requested to utilize as a solid waste area; Ms. Leary did not have an update. Ms. Mackesey stressed her desire to ask the Town of Ithaca to take into consideration the fact that developments such as Carrowmoor and others will be requesting public transportation, particularly with high fuel costs, she hopes the Town would consider the importance of being involved with Tompkins Consolidated Area Transit. Ms. Leary said that the Town is considering this factor. Presentation — Records Management Master Plan Mr. Chris Talarczyk of LaBella Associates provided information regarding a study of the Tompkins County Records Management Master Plan that recommends construction of a metal storage building at the County's Public Works headquarters on Bostwick Road to meet the County's long-term records management needs. 255 September 2, 2008 The study, prepared by the consulting firm LaBella Associates, recommends the new construction to store and preserve the County's inactive records (projected to increase by 30 percent over the next decade) over the option of renovating the old county library, where many inactive records currently are stored. Mr. Talarzyk told Legislators new construction would permit storage in about half the space (just over 5,000 square feet) at less than half the cost. New construction is estimated at just over $2 million, compared to $5.8 million for renovation, with associated savings projected in utility and operational costs. The report was prepared through a New York State Archives grant awarded to the County. Following the presentation there was a brief question and answer period, during which the following items were noted: • The budget would accommodate a generator in case of a loss of power. • Filters would be used to remove dust and dirt from the climate -control area. • Discussions have begun with other municipalities and The History Center regarding satellite locations to access records. In addition, preliminary discussions regarding a possible cooperative inactive record facility have begun. • "Inactive records" are those required less than once every three months. • Records in storage may only be obtained by the department they belong to; the department then provides the information to public as deemed appropriate. • Upon request for documents in storage, they would be provided either the same or next day. • Due to limited funding no other locations had been considered. • The Old Health Department location as a possible site. • Maintaining records at the library has ongoing costs associated. In addition, there are concerns for security of the records. • If other municipalities were involved the amount of grant funding that would be available to offset construction would be increased. • Without climate control the records are at risk for disintegration. • The building construction is anticipated to meet the County's storage space need for a ten-year period. • The exact storage requirement for one large department is yet to be determined, therefore an estimated requirement was factored in. • To continue a study that would include other sites for the storage facility would require an additional grant. • A project approval request has been submitted for the 2009 budget year. Mr. Whicher stated this study is the first of several levels. The present phase addresses existing records, a second topic would be electronic data management, and a third piece could be to have cooperation related to tourism, The History Center, etc. Chair's Report Mr. Koplinka-Loehr spoke of the "Live United" initiative requesting donations of food and personal care items to help families in the area. Donations are accepted through September 10th at various locations. Chair's Appointments Mr. Koplinka-Loehr made the following appointments: Workforce Investment Board Terms expire June 30, 2011 256 September 2, 2008 Robert B. Bantle — Business representative Barbara Blanchard — Business representative Susan B. Sammis — Business representative Patricia Carey — TANF Employment Program representative Dammi Herath — Community Based Organization representative Jean McPheeters — Economic Development Organization representative S. Diane Bradac — WIA Title I representative Nancy Zahler — At -large representative; term expires December 31, 2011 Debbie M. Chadwick — Business representative Ms. Kiefer noted that Ms. Blanchard has moved from the area, and it was noted that there was not an application received for her appointment; Mr. Koplinka-Loehr will look into this further. It was noted there were no new applications for seats at the Workforce Investment Board. Report from the County Administrator Mr. Whicher reported he would be providing his recommended budget later in the week. He is pleased to be able to meet the goals, however, the results of the Governor's cuts to County departments is still unknown. He anticipates having additional information by Monday's Expanded Budget Committee meeting. Mr. Whicher requested an executive session at the end of regular business to discuss negotiations. Upon review of gas -well drilling by hydraulic fracturing processes, Mr. Whicher strongly recommended that resources be used to review the potential impact on rural water supplies. He reported Mr. Mareane has begun his transition to the County and will look at Public Safety, Emergency Response, Core Performance, and the Industrial Development Agency next. Ms. Robertson spoke of having Steve Nicholson of the Environmental Management Council place the issue of well drilling on their agenda and also having a discussion of it at the Planning, Development, and Environmental Quality Committee meeting. Ms. Chock expressed a concern and requested that the impact of drilling equipment on the County infrastructure also be reviewed. Mr. Proto is seeking an individual to address the topic at the Water Resources Council; he requested Mr. Whicher assist in providing suggestions relating to the legal issue as well. Mr. Whicher spoke of the need of homeowners having baseline reports for wells prior to the start of drilling. Mr. Proto said the Board of Health may also want to be involved in the discussions. Report from the County Attorney Mr. Wood had no report. Mr. Proto asked if there is any further information relating to the eminent -domain litigation. Mr. Wood said the County has responded to the attorney for the landowner and a fact-finding is being prepared. He anticipates having more information before the next Legislature meeting. Report from the Finance Director Mr. Squires had no report. Withdrawal of Resolution(s) from the Agenda There were no resolution(s) withdrawn from the agenda. Addition of Resolution(s) to the Agenda There were no resolution(s) added to the agenda. 257 September 2, 2008 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, to approve the following resolutions under the Consent Agenda: RESOLUTION NO. 172 - AMENDMENT OF BYLAWS — CRIMINAL JUSTICE ADVISORY/ ALTERNATIVES -TO -INCARCERATION BOARD (CJA/ATI) MOVED by Mr. Proto, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by under the Consent Agenda. WHEREAS, the Criminal Justice Advisory/Alternatives to Incarceration Board at its regular meeting on July 25, 2008, unanimously approved amending its bylaws to delete the voting position of Law Guardian's Office, at the request of the Law Guardian's Office, and WHEREAS, said position is not a required voting position under New York State Executive Law Article 13-A, now therefore be it RESOLVED, on recommendation of the Public Safety Committee, That the Tompkins County Legislature approve the said amendment to the CJA/ATI bylaws. SEQR ACTION: TYPE II -20 RESOLUTION NO. 173 - AUTHORIZING THE FILING OF AN APPLICATION FOR A STATE GRANT-IN-AID FOR A MUNICIPAL WASTE REDUCTION AND/OR RECYCLING PROJECT AND SIGNING OF THE ASSOCIATED STATE CONTRACT, UNDER THE APPROPRIATE LAWS OF NEW YORK STATE (JANUARY 2002 — DECEMBER 2004) MOVED by Mr. Proto, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by under the Consent Agenda. WHEREAS, the State of New York provides financial aid for municipal waste reduction and municipal recycling projects, and WHEREAS, the Tompkins County Solid Waste Management Division herein called the MUNICIPALITY, has examined and duly considered the applicable laws of the State of New York and the MUNICIPALITY deems it to be in the public interest and benefit to file the application under these laws, and WHEREAS, it is necessary that a Contract by and between THE PEOPLE OF THE STATE OF NEW YORK, herein called the STATE, and the MUNICIPALITY be executed for such STATE Aid, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That: 1. The filing of an application in the form required by the State of New York and in conformity with the applicable laws of the State of New York including all understanding and assurances contained in said application is hereby authorized. 2. The County Administrator or designee is directed and authorized as the official representative of the MUNICIPALITY to act in connection with the application and to provide such additional information as may be required and to sign the resulting contract if said application is approved by the STATE. 3. The MUNICIPALITY agrees that it will fund its portion (fifty percent) of the cost of said Municipal Waste Reduction and/or Recycling Project, which pays for public education and personnel costs related to waste, reuse, and reduction. 4. Five (5) Certified Copies of this Resolution be prepared and sent to the New York State Department of Environmental Conservation, Albany, New York 12233-7253, together with ONE complete application. 258 September 2, 2008 5. This resolution shall take effect immediately. SEQR ACTION: TYPE II -20 RESOLUTION NO. 174 - AUTHORIZING THE FILING OF AN APPLICATION FOR A STATE GRANT-IN-AID FOR A MUNICIPAL WASTE REDUCTION AND/OR RECYCLING PROJECT AND SIGNING OF THE ASSOCIATED STATE CONTRACT, UNDER THE APPROPRIATE LAWS OF NEW YORK STATE (JANUARY 2005 — DECEMBER 2007) MOVED by Mr. Proto, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by under the Consent Agenda. WHEREAS, the State of New York provides financial aid for municipal waste reduction and municipal recycling projects, and WHEREAS, the Tompkins County Solid Waste Management Division herein called the MUNICIPALITY, has examined and duly considered the applicable laws of the State of New York and the MUNICIPALITY deems it to be in the public interest and benefit to file the application under these laws, and WHEREAS, it is necessary that a Contract by and between THE PEOPLE OF THE STATE OF NEW YORK, herein called the STATE, and the MUNICIPALITY be executed for such STATE Aid, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That: 1. The filing of an application in the form required by the State of New York and in conformity with the applicable laws of the State of New York including all understanding and assurances contained in said application is hereby authorized. 2. The County Administrator or designee is directed and authorized as the official representative of the MUNICIPALITY to act in connection with the application and to provide such additional information as may be required and to sign the resulting contract if said application is approved by the STATE. 3. The MUNICIPALITY agrees that it will fund its portion (50 percent) of the cost of said Municipal Waste Reduction and/or Recycling Project, which pays for public education and personnel costs related to waste, reuse, and reduction. 4. Five (5) Certified Copies of this Resolution be prepared and sent to the New York State Department of Environmental Conservation, Albany, New York 12233-7253, together with ONE complete application. 5. This resolution shall take effect immediately. SEQR ACTION: TYPE II -20 RESOLUTION NO. 175 - AUTHORIZING ACCEPTANCE OF A FEDERAL AVIATION ADMINISTRATION (FAA) GRANT FOR DECONSTRUCTION OF THE HANGAR COMPLEX FORMERLY OCCUPIED BY TAUGHANNOCK AVIATION CORPORATION - ITHACA TOMPKINS REGIONAL AIRPORT MOVED by Mr. Proto, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by under the Consent Agenda. WHEREAS, the County has received a grant offer from the Federal Aviation Administration (FAA) in the amount of $250,000 to deconstruct the hangar complex formerly occupied by Taughannock Aviation Corporation, and WHEREAS, the budget for this project is as follows: 259 September 2, 2008 Federal Aviation Administration Share (95.0%) Account No. HT 5601.44592 New York State Dept. of Transportation Share ( 2.5%) Account No. HT 5601.43592 Local Share ( 2.5%) Account No. HT 5601.45031 Total and $250,000.00 $ 6,579.00 $ 6,579.00 $263,158.00 WHEREAS, the deconstruction contract and the observation and contract administration contract have already been approved by the County Legislature through Resolution No. 110 dated June 3, 2008, and Resolution No. 144 dated July 1, 2008, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the grant offer from the FAA of $250,000.00 be accepted and the County Administrator is hereby authorized to execute the required documents, RESOLVED, further, That the local share of $6,579.00 has already been factored into the Airport's 2008 operational budget. SEQR ACTION: TYPE II -20 RESOLUTION NO. 176 - MAKING A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE IN RELATION TO RESOLUTION NO. 177 OF 2008 — AUTHORIZING A CONTRACT WITH THE TOMPKINS COUNTY SOIL AND WATER CONSERVATION DISTRICT TO IMPLEMENT FLOOD HAZARD MITIGATION PROGRAM PROJECTS MOVED by Mr. Proto, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by under the Consent Agenda. WHEREAS, in Resolution No. 177 of 2008, the Tompkins County Legislature would authorize the County Administrator or his designee to execute a contract with the Tompkins County Soil and Water District to implement projects identified through the Flood Hazard Mitigation Program, and would also be authorized to execute other agreements necessary for the County to implement, monitor, and protect the projects funded through this program, 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. 177 of 2008 is an unlisted action, RESOLVED, further, That the County Legislature hereby makes a negative declaration of environmental significance in regard to Resolution No. 177 of 2008. SEQR ACTION: Unlisted (Short EAF's on file with the Clerk of the Legislature) RESOLUTION NO. 177 - AUTHORIZING A CONTRACT WITH THE TOMPKINS COUNTY SOIL AND WATER CONSERVATION DISTRICT TO IMPLEMENT FLOOD HAZARD MITIGATION PROGRAM PROJECTS MOVED by Mr. Proto, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by under the Consent Agenda. 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 2008, 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 260 September 2, 2008 WHEREAS, the Tompkins County Soil and Water Conservation District is prepared to undertake the projects identified by the Technical Committee, and WHEREAS, the projects identified for implementation will be protected through the use of a Riparian Buffer Protection Agreement, and WHEREAS, the Tompkins County Legislature has reviewed and accepted as adequate an Environmental Assessment Form with respect to these projects, 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 District, in an amount not to exceed $25,000, RESOLVED, further, That the County Administrator or his designee is also authorized to execute other agreements necessary for the County to implement, monitor, and protect the projects funded by the Flood Hazard Mitigation Program. SEQR ACTION: Unlisted (Short EAFs on file in the office of the Clerk of the Legislature) Report from the Budget and Capital Committee Mr. Shinagawa, Chair, reported the Committee has not met. The first Expanded Budget Committee will take place on September 8th. He announced that due to a mandated course he is taking, he would have to be excused at the beginning of meetings on Monday and Wednesday. During these times, Mr. Koplinka-Loehr will act as Temporary Chair of the Expanded Budget Committee. Report from the Pubic Safety Committee Mr. Stevenson, Chair, reported the Committee will meet next on September 19, 2008. Report from the Workforce Diversity and Inclusion Committee Mrs. McBean-Clairborne, Chair, had no report. Report from the Health and Human Services Committee Mr. Proto, Chair, reported the Committee would meet September 3rd. He said information pertinent to the Resolution of Intent Regarding Facility for County Office for the Aging was discussed at the last meeting. He has requested a brief summary of impacts of the State budget cuts from Department Heads and the Human Service Coalition administration and would have reports at the meeting. Report and Presentation of Resolution(s) from the Facilities and Infrastructure Committee Mrs. McBean-Clairborne, Chair, reported the Committee met on August 21st. With regard to 55 Brown Road, she noted the deconstruction bids are out and due on September 4th with action anticipated at the next meeting on September 18th. Bids for construction should be out by October 23rd and would be due in November. Mrs. McBean-Clairborne shared the announcement of Tompkins County Solid Waste Facility employees Linette Short, Kat McCarthy, and Stephanie Egan being recognized for their Go - Green initiatives and will receive the first national award presented by the founder of Go -Green. The Committee was provided with the draft environmentally preferred procurement guide that lists businesses in our area from which to purchase green products; the State recently passed a resolution regarding green procurement. The resolutions regarding grants for the Solid Waste Facility will reimburse approximately $250,000 for expenditures on the Go -Green educational and promotional work completed. The Solid Waste Division's budget is favorable and the outlook of revenues from additional sales of recyclable materials will assist in maintaining the fund balances. 261 September 2, 2008 Mr. Proto inquired whether the information technology infrastructure that is to be installed between the airport, emergency response, and 55 Brown Road will increase construction costs for the capital project. Mr. Marx said the connection within the budget is for the building itself; the connections between buildings will be budgeted separately as the work is needed. Mrs. McBean-Clairborne spoke of comments from an individual utilizing the Solid Waste Facility for the first time; they were amazed at how welcoming and unlike other facilities of its kind. RESOLUTION NO. 178 - RESOLUTION OF INTENT REGARDING FACILITY FOR COUNTY OFFICE FOR THE AGING MOVED by Mrs. McBean-Clairborne, seconded by Mr. Proto. Mr. Proto had requested it be pulled from the Consent Agenda for clarification of several items including: (1) whether the indication of the labor being at prevailing wages would restrict the bidding to any particular segment of population; (2) if a designation of years should be put in the bullet referring to no cost to the County upon the end of the capital debt; and (3) questioned Lifelong's having full ownership of the building. He also asked if an opportunity would exist beyond the resolution to discuss the project as it unfolds. Mrs. McBean- Clairborne responded the resolution only provides the intent of proceeding and not an agreement; an agreement would be acted upon at a later date, with specific details at that time. In response to the question regarding prevailing wages, Mr. Wood, County Attorney, indicated the County is required to pay prevailing wages; as Lifelong would be involved in the project and not subject to our requirement, it simply indicates the desire for prevailing wage. He said it would not eliminate anyone from bidding on the project. The County would also have the opportunity to review and amend any proposed agreement. Ms. Mackesey expressed concern at items noted within the resolution relating to occupancy and ownership of the building. Although she recognizes it is a positive initiative, and that it is a resolution of intent, she could not support it in its present form, that the County is giving a lot toward the project. Ms. Chock is concerned that having detailed items may not be acceptable to Lifelong. Mr. Koplinka-Loehr said the resolution is the beginning of the cooperative venture and is to provide assurance to Lifelong; it does not lock either party into anything specific. Ms. Mackesey questioned the need to have such specificity within the resolution if it is only an intent to proceed. Mrs. McBean-Clairborne said the only ones she believed could be removed indicate the one referencing the end of the servicing of capital debt and ownership. She said the others do express an intent the County would have. Mr. Randall was excused at 7:17 p.m. Ms. Herrera said the resolution is exemplary as it walks through items the County would be interested in including in an agreement. She said as it went through the Committee process it allowed for discussion of the items. The resolution does not bind the County, she said it is not a rushed process and all have input. She said since two entities are involved in coming to an agreement it is important to be able to show the intent during the process, which would assist during the fundraising process. Ms. Kiefer said the specific bullets are in place as they have been arrived at mutually between the County and Lifelong and reflect the state of mind of both organizations; it is important to indicate what is tentatively agreed to. She said the County is able to bond things but should not have other costs for the agency or department beyond the space occupied; Lifelong owning the building would be reasonable. Mr. Koplinka-Loehr spoke of the State Court's need for Courthouse space and is pleased to see progress toward an agreement. Mr. Proto said it is important to recognize that this does not bind the County to anything, just setting out what the County's intent and desires are. More discussions would be required and Mr. Squires would have to determine the financial aspect. 262 September 2, 2008 In response to Ms. Mackesey's questions regarding the situation, Mr. Whicher said the resolution was prepared based upon the vision the two parties foresee. Ms. Mackesey does not agree that all items should be listed in the resolution. Ms. Chock said she does not believe that there is agreement in all items and it is not appropriate. Mr. Marx stated that all the terms have been discussed with Lifelong and they are in basic agreement with them. Lifelong would have liked a memorandum of understanding developed several months ago, however, the County was not prepared to do so at that time and desired to see the results of the feasibility study. Upon completion of the feasibility study Lifelong is now determining whether to proceed with the project and are looking at what it may be, which is why the resolution is brought before the Legislature. Mr. Marx also said it is the intent to have Lifelong own the building which would be occupied primarily by them and be on their property. Mr. Dennis asked if the Legislature would be committed to anything if the resolution passed. Mr. Wood said the County would not be committed to anything listed in the resolution; any agreement and bonding would have to come before the Legislature for approval. It was MOVED by Ms. Mackesey to amend the resolution, eliminating the following items from the resolution. MOTION FAILED FOR LACK OF A SECOND. • In return for the County's participation, at the end of the servicing of capital debt Tompkins County would retain the right to occupy its space at no cost other than its pro- rated share of operations, maintenance, and utilities costs, for a time frame to be agreed upon, and • If such a facility is built, it would ultimately be owned by Lifelong, and It was MOVED by Ms. Robertson, seconded by Mr. Burbank to remove the ninth bullet "The final agreement includes language allowing the County to participate in addressing unforeseen issues as the project is rolled out", and replace language in the eighth bullet to read: "Such terms as outlined above or such items as may be deemed necessary or desirable would be the subject of an agreement to be entered into between Tompkins County and Lifelong, consistent with this resolution of intent, prior to beginning development of the facility, and". Ms. Kiefer believed they could be included but did not recommend removal of the ninth bullet. A voice vote on the motion to amend resulted as follows: Ayes — 2 (Legislators Burbank and Robertson); Noes — 12; Excused — 1 (Legislator Randall). MOTION TO AMEND FAILED. It was MOVED by Ms. Robertson, seconded by Ms. Chock, and unanimously adopted by voice vote by members present, to replace language in the eighth bullet to read: "Such terms as outlined above or such items as may be deemed necessary or desirable would be the subject of an agreement to be entered into between Tompkins County and Lifelong, consistent with this resolution of intent, prior to beginning development of the facility, and". A voice vote on the resolution resulted as follows: Ayes — 13; Noes — 1 (Legislator Mackesey); Excused — 1 (Legislator Randall). RESOLUTION ADOPTED. WHEREAS, Tompkins County (the "County") is a municipal government in New York State, 320 North Tioga Street, and WHEREAS, Lifelong is a 501(c)(3) corporation licensed in New York State with a mission to enhance the lives of older adults in Tompkins County, and is located at 119 West Court Street, Ithaca, New York, and WHEREAS, the County's Office for the Aging, currently located in the Tompkins County Courthouse at 320 North Tioga Street, Ithaca, New York, has a mission to assist Tompkins County seniors in remaining independent in their homes with a decent quality of life, and human dignity for as long as possible and appropriate, and 263 September 2, 2008 WHEREAS, the County, through its Office for the Aging, and Lifelong share a mutual interest in serving the needs of the older residents of Tompkins County, and WHEREAS, Lifelong needs to expand its facilities to meet increasing demand for services, and WHEREAS, Tompkins County needs to relocate the Office for the Aging from space in the Tompkins County Courthouse required for use by the New York State Court System, and WHEREAS, Lifelong and the Office for the Aging currently cooperate on a number of programs including contracts for services between the County and Lifelong that account for approximately thirty percent of Lifelong's operating budget, and WHEREAS, the County Office for the Aging currently utilizes space in Lifelong's facility for delivery of some programs and activities, and WHEREAS, co -location of the Office for the Aging with Lifelong would lead to greater efficiency of services and provide more convenient access to services for older residents of Tompkins County, and WHEREAS, Lifelong intends to expand the facilities on its current site, which is adjacent to the Old County Library site, a site identified in the County Space Use Master Plan as a future site of a Center of Government Building and an appropriate location for the Office for the Aging, and WHEREAS, development of the Center of Government building is many years off and cannot meet the immediate need to relocate the County Office for the Aging, and WHEREAS, a Feasibility Study conducted by Holt Architects has indicated that new construction and renovation of current facilities on the Lifelong property could accommodate the future space needs of both Lifelong and the County Office for the Aging for ten years, and WHEREAS, the County Administrator and the County Finance Director recommend that funds toward this project be allocated in the 2009 Capital Budget, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the Tompkins County Legislature recognizes that: • Development of a facility that would provide space for both Lifelong and the County Office for the Aging is in the interest of Lifelong, Tompkins County, and the people served by both organizations, • The cooperative effort between Lifelong and Tompkins County should be undertaken to develop such a facility, RESOLVED, further, That it is the intent of the Tompkins County Legislature that: • Any facility deconstructed, or constructed for occupancy, by Lifelong and the County Office for the Aging would be done so with labor that would be paid prevailing wages, and • Any facility constructed would stress long-term energy efficiency and reliance on renewable resources, and • A financial arrangement will be pursued whereby County financing would be utilized to support construction of the facility and each party would bear a proportional share of the capital cost of developing a facility, less any public grant funding that may be acquired for the entire facility, and • In return for the County's participation, at the end of the servicing of capital debt Tompkins County would retain the right to occupy its space at no cost other than its pro- rated share of operations, maintenance, and utilities costs, for a time frame to be agreed upon, and • If such a facility is built, it would ultimately be owned by Lifelong, and • Design approval would be needed from both Lifelong and Tompkins County prior to going to bid, and • Such terms as outlined above or such items as may be deemed necessary or desirable would be the subject of an agreement to be entered into between Tompkins County and Lifelong, consistent with this resolution of intent, prior to beginning development of the facility, and • The final agreement includes language allowing the County to participate in addressing unforeseen issues as the project is rolled out. 264 SEQR ACTION: TYPE I1-20 September 2, 2008 Report from the Human Resources Committee Mr. Dennis, Chair, reported the Committee would meet on September 4th Report and Presentation of Resolution(s) from the Government Operations Committee Mr. Hattery, Chair, announced the next meeting will take place September 12th RESOLUTION NO. 179 - ADOPTION OF LOCAL LAW NO. 2 OF 2008 - A LOCAL LAW PROVIDING FOR ENHANCED PERSONAL -PRIVACY FOR DOCUMENTS RECORDED IN THE OFFICE OF THE COUNTY CLERK, AND AUTHORIZING AN INCREASE IN FEES COLLECTED BY THE COUNTY CLERK FOR RECORDING, ENTERING, INDEXING, AND ENDORSING A CERTIFICATE ON ANY INSTRUMENT MOVED by Mr. Hattery, seconded by Mr. Dennis. It was MOVED by Mr. Proto, seconded by Mr. Burbank, to separate the Local Law, allowing separate votes on the enhanced personal -privacy and increase in fees. Mr. Wood expressed an opinion that it would be possible since the public hearing was for both subject areas. Following a brief discussion, voice vote on the motion resulted as follows: Ayes — 2 (Legislators Burbank and Proto); Noes — 12; Excused — 1 (Legislator Randall). MOTION FAILED. A voice vote on the main motion resulted as follows: Ayes — 12; Noes — 2 (Legislators Burbank and Proto); Excused —1 (Legislator Randall). RESOLUTION ADOPTED. WHEREAS, a public hearing was held before the Tompkins County Legislature on September 2, 2008, to hear all persons interested in proposed Local Law No. 2 of 2008 - A Local Law Providing for Enhanced Personal -Privacy for Documents Recorded in the Office of the County Clerk, and Authorizing an Increase in Fees Collected by the County Clerk for Recording, Entering, Indexing, and Endorsing a Certificate on Any Instrument, now therefore be it RESOLVED, on recommendation of the Government Operations and Budget and Capital Committees, That proposed Local Law No. 2 of 2008 - A Local Law Providing for Enhanced Personal - Privacy for Documents Recorded in the Office of the County Clerk, and Authorizing an Increase in Fees Collected by the County Clerk for Recording, Entering, Indexing, and Endorsing a Certificate on Any Instrument, is hereby adopted, RESOLVED, further, That the Clerk of the Legislature shall publish in the official newspaper of the County a notice of adoption containing a synopsis of said local law and shall within twenty days file one certified copy in the Office of the County Clerk, and one copy with the Secretary of State. SEQR ACTION: TYPE II -20 Report from the Planning, Development, and Environmental Quality Committee Ms. Robertson, Chair, thanked Mr. Proto for Chairing the August le meeting and noted the remaining items had appeared on the Consent Agenda. The next meeting will be September 11t. Recess Mr. Koplinka-Loehr declared recess from 7:46 p.m. to 7:55 p.m. Executive Session 265 September 2, 2008 It was MOVED by Mr. Proto, seconded by Mr. Hattery, and unanimously adopted by voice vote by members present, to enter into executive session at 7:55 p.m. to discuss negotiations. The meeting returned to open session at 8:33 p.m. Adjournment The meeting adjourned at 8:33 p.m. 266 September 16, 2008 Regular Meeting Call to Order Mr. Koplinka-Loehr called the meeting to order at 5:32 p.m. Pledge of Allegiance to the Flag and Roll Call of Members Members and guests participated in the Pledge of Allegiance to the Flag. Present: 14 Legislators. Legislator Shinagawa arrived at 5:33 p.m., Legislator Hattery arrived at 5:34 p.m., and Mr. Dennis arrived at 5:37 p.m. Excused: 1 (Legislator Randall). Presentation of Proclamation(s) Chair Koplinka-Loehr presented the following proclamations(s): Latino Heritage Month in Tompkins County to Carlos Gutierrez, head of the Latino Civic Association of Tompkins County. Leukemia and Lymphoma, and Myeloma Awareness Month in Tompkins County. Mr. Richard Flaville arrived later in the meeting to accept the proclamation and announced there will be a two-mile walk on September 25th at 6 p.m. at the Cass Park Pavilion entitled "Light the Night, to raise funds and awareness for these blood cancers Run/Walk to Work Day in Tompkins County — September 19, 2008 Privilege of the Floor by the Public No member of the public wished to speak. Privilege of the Floor by Legislators Ms. Herrera, District No. 4 Legislator, said she is very glad to see Mr. Gutierrez in attendance this evening. She said she is very proud of the progress being made in Tompkins County and noted that in 2002, Hispanics became the largest minority group in the country with an annual growth rate of four percent. She said Hispanics are an important part of the community who contribute food, language, and music, all of which everyone can relate to. Ms. Robertson, District No. 13 Legislator, said there will be a forum and film presentation on September 18th at the Women's Community Building on the subject of gas drilling. There will be an award-winning documentary called "Land Out of Time" showing the often -devastating effects of gas drilling. Also, on September 23m the Strategic Tourism Planning Board will hold the semi-annual grants workshop for the fall. Anyone interested in attending should contact Jackie Kippola. Ms. Robertson said she was pleased to receive a letter in the mail announcing a ribbon- cutting ceremony for the Single Room Occupancy (SRO) on Third Street on September 30 at 3 p.m. Lakeview Mental Health Services, in conjunction with the State Office of Mental Health and the Tompkins County Mental Health Department is opening this SRO, the first building of its kind in New York State that will provide a vital resource for low-income mentally ill adults. Ms. Robertson noted that this facility is opening with no cost to the local taxpayers. Mr. Proto, District No. 7 Legislator, reported on September 6 there was a groundbreaking ceremony for the Veterans Cemetery at Sampson State Park, and thanked everyone for supporting that effort over the years. Mr. Proto said Senator Nozzolio was very instrumental in bringing this forward. Mr. Proto also announced on Friday the Vietnam Veteran's Watchfire will take place at 6 p.m. at Lansing 267 September 16, 2008 Park and invited everyone to attend. He also announced Ithaca. College's Music in the Park is this Sunday at 2 p.m. in Dewitt Park. Mr. Proto said at the last meeting there was discussion of gas drilling and suggested that someone speak to the County about the hydro -fracturing procedure. Mr. Proto, Chairman of the Water Resources Council, reported that group has found an individual and a representative from Fortuna, which is opening an office in Horseheads, New York, to speak to the Council in November. Mr. Stevenson, District No. 8 Legislator, expressed condolences to the family of former Tompkins County Sheriff, Robert Howard, who served the residents of the County for many years. He said we should recognize and remember his service to Tompkins County. Moment of Silence Chair Koplinka-Loehr asked those present to observe a moment of silence in honor of the following individuals who have passed away over recent days: Robert Howard, former Tompkins County Sheriff Jack Hunter, Records Management employee Jason Becraft, AIDS Ride participant Privilege of the Floor by Legislators Mr. Stevenson said during 1999-2003 he served as the Fire Chief for the Enfield Volunteer Fire Company. He was surprised when he recently learned that when the Company went to Upper Robert Treman State Park for training exercise, the fire company was informed they are now required to apply for and receive a permit from the parks and to show proof of the insurance showing the park as the additional insured. Mr. Stevenson said the Park expects to receive services from the volunteer fire company any time, 24 hours a day/365 days per year, and he is troubled by this new requirement of the fire company to get a permit and insurance in order to conduct training. He said he will be following up on this with the Finger Lakes Parks. Mrs. McBean-Clairborne, District No. 2 Legislator, reminded everyone that the Tutelo homecoming celebration festival will be held on Saturday. This is one of the largest native -American celebrations in Tompkins County and encouraged everyone to go to Tutelo Park in the Town of Ithaca and celebrate this culture and be a part of this wonderful event. Mrs. McBean-Clairborne reported NYSEG has begun coal tar remediation work on the 300 -block of Court Street. An information session will take place on September 18"' at the Greater Ithaca Activities Center. The New York State Department of Environmental Conservation and the Department of Health will be on hand to answer questions. She also reported the Youth Speakout to try to get youth more involved in the political climate will be held at the Southside Community Center on September 22nd at 5 p.m. Ms. Chock, District No. 3 Legislator, announced that a series of public meetings on the Tompkins County Energy and Greenhouse Gas Emissions Plan were being held, including one on September 24th at the Tompkins County Public Library at 6:30 p.m. Ms. Robertson added that the Town of Dryden meeting is on October 1s`. At Mrs. McBean-Clairborne's invitation, Maria Defanz, City of Ithaca resident and an Ithaca High School student, spoke of the success of the festival at Tutelo Park and said last year it showed that Indian culture is very much alive in Tompkins County. 268 September 16, 2008 Report from Municipal Official No municipal official was present. 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. 180 — BUDGET ADJUSTMENT — HEALTH DEPARTMENT MOVED by Mr. Proto, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, pursuant to 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: Health Department Revenue Acct Title Amt Approp Acct Title(s) 4090.42665 Sale of Equipment $11,308 4090.52310 Vehicles Explanation: Sale of 2005 Jeep Liberty and purchase of 2009 Ford Focus to improve fuel consumption and reduce carbon emissions. Funds will offset new purchase. SEQR ACTION: TYPE II -20 RESOLUTION NO. 181 - ENDORSING REVISED GUIDELINES FOR THE ARTS/CULTURAL ORGANIZATION DEVELOPMENT PROGRAM (FORMERLY "ARTS & CULTURAL ORGANIZATION STABILIZATION PROGRAM") 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's vibrant and cultural community makes it stand out as a special place in Upstate New York, providing qualities attractive to tourists and visitors, and WHEREAS, since it's inception in 2003 this program has sought to secure the financial and operational stability of the County's major arts and cultural organizations by funding strategy planning and the subsequent implementation of said strategies, to ensure the vitalization and viability of our arts and cultural assets, and WHEREAS, as the County's tourism industry and room capacity grows, so too must the capabilities and level of quality of our arts and cultural organizations in order to maintain our competitive position in this region of the State, and WHEREAS, at their June 4, 2008, meeting the Tompkins County Strategic Tourism Planning Board reviewed, discussed, and voted unanimously in support of the recommended changes to this essential grant program that enhances the experience of visitors and tourists alike while also enhancing the quality of life of the residents of Tompkins County, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the Tompkins County Legislature supports the changes recommended and the re -naming of the grant program to the "Arts/Cultural Organization Development Program". SEQR ACTION: TYPE II -20 269 September 16, 2008 RESOLUTION NO. 182 — AUTHORIZATION TO ACCEPT 2008-2009 SNOWMOBILE TRAILS GRANT-IN-AID MOVED by Mr. Proto, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members present 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 98 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 2008-2009 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. 183 - SCHEDULING A PUBLIC HEARING ON THE 2009 TOMPKINS COUNTY BUDGET AND THE 2009-2013 TOMPKINS COUNTY CAPITAL PROGRAM MOVED by Mr. Proto, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote by members under the Consent Agenda. WHEREAS, the tentative 2009 Tompkins County Budget and the 2009 — 2013 Tompkins County Capital Program are scheduled to be adopted on November 18, 2008, now therefore be it RESOLVED, on recommendation of the Expanded 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 Monday, November 10, 2008, at 7:00 o'clock in the evening thereof concerning the review of the tentative 2009 Tompkins County Budget and the 2009 — 2013 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 Presentation of Cayuga Lake Monitoring Plan Mr. Proto, Chair of the Water Resources Council, provided a brief update on the Plan. He said it has taken about two and a half years and a lot of work to get to this point. He hopes this presentation will help to clarify some of the items that have been raised and will dispel some of the misunderstandings that have taken place. Mr. Proto said a vote will take place on October 7th. Comments should be submitted prior to that date so there is an appropriate time to address them before the meeting at which it will be voted upon. 270 September 16, 2008 At this time Ms. Jurkowich and Ms. Johnston presented the Legislature with an overview of the Cayuga Lake Basin and the Monitoring Plan. The following summary was written and submitted by Ms. Johnston, Partnership Chair: "The Partnership, which was formally organized in response to a request by the Water Resources Council Chair, Frank Proto, has been meeting regularly since November 2006 to develop a plan for tracking water quality in the southern end of Cayuga Lake. The Partnership was formed, in part, to explore the possibility of redirecting Lake Source Cooling facility monitoring resources to a community- based program to better address the issues in the Lake. The Partnership's work eventually included evaluating all regular monitoring efforts in the southern basin. "We were surprised to find that existing efforts already include nearly 60 sampling locations in or near the southern basin of the lake. In fact, several independent researchers are monitoring essentially the same points. The Partnership decided the best initial approach was to maintain water quality data at all the existing sampling locations but to re -direct the resources devoted to overlapping monitoring efforts towards new objectives including mapping of circulation patterns and tracking of wind and storm impacts. In this way, the Monitoring Plan uses existing resources to increase our understanding of the southern end of Cayuga Lake. The Monitoring Plan goes further, however, and recommends additional monitoring efforts. A series of special studies are proposed to develop a better understanding of the ecology of the Lake by monitoring the food web, including macrophytes, opossum shrimp, zebra and quagga mussels, Diporeia (a shrimp -like organism), phytoplankton, sediment, and fish. Additionally, the only way to really address sediment loading is to monitor the tributary streams that are so efficient at carrying sediment into the Lake. These efforts will require new resources, which the Partnership will pursue on behalf of the community." Following the presentation Ms. Johnston responded to questions from Legislators. Ms. Herrera said there are questions in the community about why relocate the Lakesource Cooling monitoring locations when that was part of the original agreement. She read from the Environmental Management Council's June minutes: "Walter Hang urged Environmental Management Council members not to support the monitoring plan developed by WRC and Cornell. The SPDES permit for Lake Source Cooling is in technical review by DEC, and sites 7 and 4 are the heart of the analysis. Under the proposed plan, sites 1 and 4 could be allowed to move. Cornell University hasn't done the before and after impact study required by the Department of Environmental Conservation. Rich DePaolo said paragraph 6 of the joint statement, last sentence, says "Water Resources Council supportive", yet the plan is dependent upon diverting funding from Cornell's existing monitoring. Establishment of Total Maximum Daily Load (TMDL), as a result of being listed on the 303(d) impaired-waterbodies list, is pretty much nowhere. Suggestion would lead to mix and match of data. Lake Source Cooling data gaps can't be filled with other information. He urged EMC not to support the monitoring plan." Ms. Johnston said Cornell has prepared before and after control impact analysis. They finished that four years ago and three years later the DEC (Department of Environmental Conservation) responded with some requested changes. Cornell and the DEC actively engaged in communications and changes have been made. Ms. Herrera asked if the County could be rushing into this if those discussions and changes are not yet complete. Ms. Johnston responded she is comfortable with what she has seen in the annual reports for Cornell over the last five years and does not believe there is a "smoking gun" in this situation. More importantly, she said they heard in February reports from the Ithaca Wastewater Treatment Facility, the Community Science Institute, and from the Finger Lakes Institute, all independent researchers who have gone out in track of this phosphorus question, looking for the sources, and the impacts. They all came to the same conclusion — it is not coming from the major point sources. They are dwarfed by storm inputs from the streams, and it's tied to sediment. She spoke of swimming in the lake and said individuals were swimming long before there was a Health Department or regulations and it may 271 September 16, 2008 never have met current regulations. While there have been many improvements and water quality has gotten better they still are unable to meet the regulations. This triggers a possible total maximum daily load regulation being developed. That would mean looking at cultural inputs of phosphorous; however, newer studies have shown that the source of sediment and the phosphorous bound to it is of natural origin largely or from legacy inputs from agricultural practices of phosphorous over one hundred years ago. She said DEC has been asked to consider all of this information as permits are issued: point source discharges, and a possible total maximum load regulation. Mr. Proto said developing a monitoring plan is a part of the County's Comprehensive Plan and this is a step toward fulfilling that plan. Distinguished Youth Award Ms. Chock, District No. 3 Legislator, presented Trevor Dougherty with the Tompkins County Distinguished Youth Award for September. Trevor was nominated by Belle Sherman Elementary teacher Randi Beckmann, who was particularly impressed by Trevor's initiative in organizing the Human Peace Sign at the Ithaca Festival last June, in which 6,000kk people participated. Among his other service achievements cited: fundraising campaigns for orphans in Uganda and for HIV/AIDS orphans in South Africa and internet videos produced to raise awareness for a variety of causes, among them one entitled "Stand up for World Peace," nominated as one of the most inspirational videos in the 2007 You Tube Awards. Trevor attended the Democratic National Convention as a guest of the New York delegation and served as a CNN Citizen Journalist there. Chair's Report Mr. Koplinka-Loehr had no report. Chair's Appointment Mr. Koplinka-Loehr appointed Legislator Kiefer as a temporary member of the Tompkins County Council of Governments as he and Legislator Robertson will be at the NYSAC Conference during the next meeting of that group. Report from the County Administrator Mr. Whicher had no report. Report from the County Attorney Mr. Wood said the Legislature previously authorized Tompkins County to join with other counties to bring suit against drug companies who we felt were overpaid. He reported a settlement has been reached and Tompkins County will be receiving a check for a settlement, amounting to slightly over $20,000 after expenses. Report from the Finance Director Mr. Squires had no report. Addition of Resolution(s) from the Agenda It was MOVED by Ms. Kiefer, seconded by Ms. Mackesey, to add a resolution to the agenda entitled Authorizing Salary For Position Above the Salary Range in the Department of County Administration, Appropriation from Contingent Fund, and Amending Resolution No. 266 of 2007 - Authorizing Equal Benefits and Salary Adjustments for Management Positions with Salaries Specifically 272 September 16, 2008 Authorized by the Legislature to be Above the Assigned Grade. A voice vote resulted as follows: Ayes — 10; Noes — 4 (Legislators Dennis, Hattery, Proto, and Sigler); Excused — 1 (Legislator Randall). MOTION CARRIED. It was MOVED by Mr. Sigler, seconded by Mr. Proto, to add a resolution to the agenda entitled Authorizing County Administration to Contract with the Current Executive Assistant to the County Administrator to Act as a Consultant in the Transition to a New County Administrator. A voice vote resulted as follows: Ayes — 3 (Legislators Hattery, Proto, and Sigler); Noes — 11, Excused — 1 (Legislator Randall). MOTION FAILED. Withdrawal of Resolution(s) from the Agenda There were no resolution(s) withdrawn from the agenda. Report and Presentation of Resolution(s) from the Government Operations Committee Mr. Hattery, Chair, reported at the next meeting the Committee will be considering a resolution to continue the Core Performance initiative. At the last meeting the Committee also began discussion of a bench being placed at the County Courthouse. Mr. Hattery reported as a result of State Budget reductions, the Committee was notified that all of the grant awards from the New York State Local Government Records Management Fund are being reduced by six percent and resolutions will be adjusted appropriately. RESOLUTION NO. 184 — AUTHORIZATION TO ACCEPT A GRANT FROM THE STATE ARCHIVES AND BUDGET ADJUSTMENT — TOMPKINS COUNTY CLERK MOVED by Mr. Hattery, seconded by Mr. Proto. A voice vote resulted as follows: Ayes — 14, Noes — 0, Excused — 1 (Legislator Randall). RESOLUTION ADOPTED. Mr. Proto said he has served as Chairman for the ten -County region and was involved in bringing these grants into the County ten years ago. He noted these grant funds are generated by fees through the County Clerk's offices throughout the State and are not generated through tax collection. He strongly objected to the State including these funds that are fees, rather than taxes as part of the State's budget reductions. Mr. Potter said both of the projects covered under these Records Management grants will proceed; however, will be scaled back as result of the reduction in funding. WHEREAS, the County Clerk's Office has been notified of a grant award from the New York State Archives in the amount of $69,860, and WHEREAS, the New York State Archives grant application represents a project for the County Clerk's Office to back -file and index older land records into their Electronic Document Management System, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the County Administrator or his designee be authorized to execute all documents related to this New York State Archives grant award, RESOLVED, further, That the Director of Finance is authorized and directed to make the following budget adjustment: APPROPRIATION: A1410.54442 Professional Services $65,668 REVENUE: A1410.43089 Other State Aid $65,668 SEQR ACTION: TYPE II -20 RESOLUTION NO. 185 — AUTHORIZATION TO ACCEPT GRANT FROM NEW YORK STATE ARCHIVES AND BUDGET ADJUSTMENT — TOMPKINS COUNTY LEGISLATURE 273 September 16, 2008 MOVED by Mr. Hattery, seconded by Mr. Proto, and unanimously adopted by voice vote by members present. WHEREAS, the Legislature's Office and the Information Technology Services Department (ITS) have been notified of a Local Government Records Management Improvement Fund (LGRMIF) grant award in the amount of $64,000, and WHEREAS, the New York State Archives LGRMIF grant application was submitted to develop an Electronic Document Management System (EDMS) with an approved business process to create efficiencies for document and information management and retrieval, and WHEREAS, the primary records include agendas, minutes, and agenda items to Tompkins County government, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the County Administrator or his designee be authorized to execute all documents related to this New York State Archives grant award, RESOLVED, further, That the Director of Finance is authorized and directed to make the following budget adjustment: APPROPRIATION: A1040.54442 Professional Services $60,160 REVENUE: A1040.43089 Other State Aid $60,160 SEQR ACTION: TYPE II -20 Report and Presentation of Resolution(s) by the Planning, Development and Environmental Quality Committee Ms. Robertson, Chair, reported the Committee met on September 11 and discussed many items, including the First Time Homebuyer Program. She reported the Oversight Committee presented new criteria and revised guidelines for new construction for the Program. The Committee agreed the guidelines were clearer and should move forward. The Committee discussed the Convention and Visitor's Bureau budget, bylaws for the Strategic Tourism Planning Board, and also the Hospitality Program that Workforce Development has been working on. The Committee spent significant time at that meeting discussing the budgets of the Workforce Investment Board and the One -Stop Center. The next meeting will be October 8"' at 3 p.m. RESOLUTION NO. 186 — AUTHORIZING SHARED MUNICIPAL SERVICES GRANT AGREEMENT WITH THE STATE OF NEW YORK FOR THE COUNTY -WIDE WATER AND SEWER EVALUATION MOVED by Ms. Robertson, seconded by Ms. Chock, and unanimously adopted by voice vote by members present. Mr. Marx, Commissioner of Planning and Public Works, clarified the purpose of this grant. He said the purpose is to update inventory of public water and sewer facilities countywide and identify opportunities to remedy inefficiencies that could be impairing growth in communities that may exist. This is strictly a study and does not include any funding for implementation and doesn't imply how implementation might proceed. This is on behalf of the Tompkins County Council of Governments and will be carried out by Tompkins County Area Development. WHEREAS, by Resolution No. 223 of 2007 the Tompkins County Legislature supported the application by Tompkins County on behalf of the Tompkins County Council of Governments (TCCOG) for funding from the Shared Municipal Services Incentive Grant Program for the county -wide evaluation of sewer and water infrastructure, and WHEREAS, the Legislature further resolved that the County Administrator of Tompkins County or his designee be the representative authorized to act on behalf of the Tompkins County Legislature in all matters related to this grant, and WHEREAS, Tompkins County has been notified that the grant application has been approved by New York State, and 274 September 16, 2008 WHEREAS, staff support and oversight for implementation of the grant project will be provided by Tompkins County Area Development, with the involvement of the Tompkins County Planning Department, and with timely reports to the County via the Planning, Development, and Environmental Quality Committee and to TCCOG, and WHEREAS, the New York State Shared Municipal Services Incentive Grant Program provides funding for up to ninety percent of the cost for projects that involve inter -municipal cooperation and collaboration to improve governmental efficiency, and WHEREAS, the Tompkins County Industrial Development Agency has agreed to provide the local share of funding for this project, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That Tompkins County agrees to serve as administrator for this Shared Municipal Services Incentive Grant on behalf of the TCCOG and the participating municipalities, RESOLVED, further, That Tompkins County pledges to work with the Engineering Consultant to ensure cooperation of its planning and engineering departments with this project, RESOLVED, further, That the following adjustments be made to the 2008 Budget: Revenues A8027.43959 State Aid Planning $82,245.24 A8027.42797 Contributions from other Governments 9,138.36 TOTAL REVENUES $91,383.60 Expenditures A8027.54400 Program Expenses TOTAL EXPENDITURES $91,383.60 $91,383.60 RESOLVED, further, That the County Administrator or his designee be authorized to act on behalf of Tompkins County to implement this grant including execution of: the grant agreement with the State of New York; a Memorandum of Understanding with TCCOG and/or the participating municipalities to participate in the study; and an agreement with Tompkins County Area Development for project administration. SEQR ACTION: TYPE II -18 Report from the Public Safety Committee Mr. Stevenson, Chair, reported the Committee will meet on September 19th at 2 p.m. Report from the Workforce Development and Inclusion Committee Mrs. McBean-Clairborne, Chair, reported the Committee will meet on September 24t'' at 3:30 p.m. (This meeting was later canceled.) Report and Presentation of Resolution(s) from the Health and Human Services Committee Mr. Proto, Chairman, reported the Committee met on September 3"1 and received a report from Catholic Charities on immigration services. Ms. Holmes, Director of the Office for the Aging, reported that at this time Lakeside Nursing Home is not anticipating any additional fallout from the State and is moving forward with continuing their services. The Lifelong agreement with the City is moving slowly but material is coming together. It involves a Memorandum of Understanding and getting the Lifelong Board of Directors to sign on with regard to the funds Lifelong needs to raise. The Committee also received an update from the Health Promotion Program that involved a tobacco awareness component. Ms. Zahler reported on the student survey being undertaken by the Youth Services Department. The next regular meeting will be October 1; however a special Committee meeting will be held tomorrow on budgets of departments and agencies reporting to the Health and Human Services Committee. RESOLUTION NO. 187 — APPROPRIATION FROM CONTINGENT FUND — TERMINAL - PAY REIMBURSEMENT — OFFICE FOR THE AGING 275 September 16, 2008 MOVED by Mr. Proto, seconded by Mr. Stevenson. A short roll call vote resulted as follows: Ayes — 14, Noes — 0, Excused — 1 (Legislator Randall). RESOLUTION ADOPTED. WHEREAS, the Office for the Aging had an Outreach Worker resign effective August 15, 2008, 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 TO: A6796.5100517 SEQR ACTION: TYPE II -20 Contingent Fund Outreach Worker * * * * * * * * $2,776.66 $2,776.66 Report from the Facilities and Infrastructure Committee Mrs. McBean-Clairborne, Chair, reported the Committee will meet on September 18th Report from the Human Resources Committee Mr. Dennis, Chairman, reported at the last meeting the Committee was informed of a new program entitled the "Step Up Program". Every employee who signs up for this program receives a free pedometer and is encouraged to reach a goal of 10,000 steps per day. Report from the Budget and Capital Committee Mr. Shinagawa, Chair, reported the Expanded Budget Committee continues to meet and receive departmental budget presentations. Individual Member -filed Resolution RESOLUTION NO. 188 — AUTHORIZING SALARY FOR POSITION ABOVE THE SALARY RANGE IN THE DEPARTMENT OF COUNTY ADMINISTRATION, APPROPRIATION FROM CONTINGENT FUND, AND AMENDING RESOLUTION NO. 266 OF 2007 - AUTHORIZING EQUAL BENEFITS AND SALARY ADJUSTMENTS FOR MANAGEMENT POSITIONS WITH SALARIES SPECIFICALLY AUTHORIZED BY THE LEGISLATURE TO BE ABOVE THE ASSIGNED GRADE MOVED by Ms. Kiefer, seconded by Ms. Mackesey. Mr. Proto asked for clarification of what the final dollar amount of this resolution is. Ms. Kiefer said this resolution will help our new County Administrator have staff on hand knowledgeable in the depth and scope of work necessary to be an assistant to him. The salary of the incumbent in this position is raised to $60,000. The current salary is approximately $57,600. Ms. Kiefer said earlier the position was reclassified effective sometime in February. Mr. Sigler said he is concerned with the process, not the end result. It appears this resolution is an attempt to keep someone in a position and stated this would not be done for other positions within County government. He said this resolution will make it so that employees will be able to negotiate their salary and making a statement that some employees are indispensable. While he appreciates the feelings 276 September 16, 2008 of the existing County Administrator, the damage that will be done throughout County government will be enormous. Ms. Herrera said this is a position and a situation that calls for the action before the Legislature. She asked that there be a roll call vote. Ms. Kiefer responded to Mr. Sigler's comments and said this action is not being generated by a request from the incumbent, but by the Legislature. It is a unique situation and she does not believe the Legislature will involve itself in individual salary requests and reclassification matters. She said the County Administrator is the top employee in County government and this Legislature should be very concerned to make sure his arrival and transition in his job goes as well as possible. Mr. Proto said he is very concerned with the process and not being brought into this until very late about the discussions and negotiations that have taken place. He sees some value in trying to accommodate the new County Administrator but it is very uncomfortable and awkward for him to support this resolution because of the other 750 County employees. Mr. Koplinka-Loehr reiterated that this is not a negotiation item between the County and an individual employee; this is a Legislative initiative to ensure continuity. Ms. Robertson said while she will support this resolution because the end result is important, she is very unhappy with how this Legislature arrived at this situation. She said every County employee is valued and respected and wishes the Committee process would have been respected in this case. Mr. Dennis said as Chair of the Human Resources Committee he did not support this for a number of reasons. He said no employee is indispensable and while he understands the intent to look for a more smooth transition, the reclassification took place and increased the employee's salary by a significant amount. He said if approved the employee will receive a 14 percent salary increase and this kind of action represents the County's ability to pay. He said this will have a negative impact on future negotiations with bargaining units and sends the wrong message to all County employees. He also referred to a letter received from the incoming County Administrator and said he is very disturbed that Mr. Mareane was brought into this situation. Ms. Chock said she doesn't see this as being about indispensability of anyone but sees the Legislature responding to where it finds itself today, where it wants to go in the future, and creating the best environment to do that. Ms. Mackesey disputed Mr. Dennis' claim this is a 14 percent increase. She said the position was reclassified and the present action represents about a 5 percent increase. Mr. Proto said over the last couple of years there has been concern expressed about process. He said he is very concerned about the process that brought this body to this point as the Administrative Manual Policy was not followed for the original reclassification. Ms. Kiefer said the Government Operations Committee will be reviewing that policy to see if an adjustment is warranted. A roll call vote resulted as follows: Ayes — 10, Noes — 4 (Legislators Dennis, Proto, Shinagawa, and Sigler); Excused — 1 (Legislator Randall). RESOLUTION CARRIED. 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 was adopted by Resolution No. 132 of 1990, and WHEREAS, this rating system is unable to reflect the current market -rate salaries of certain managerial, confidential, or highly specialized professional and technical positions, and 277 September 16, 2008 WHEREAS, in the past the Legislature has by resolution assigned salaries at a rate above that in the Management Salary Schedule, and WHEREAS, on October 28, 2008, a new County Administrator will be in place and the Legislature wishes to facilitate a smooth transition, and WHEREAS, the Legislature desires to set the salary for the employee in the position of Executive Assistant to the County Administrator, now therefore be it RESOLVED, That effective November 2, 2008, the base salary for the incumbent in the title Executive Assistant to the County Administrator shall be $60,000, RESOLVED, further, That Resolution No. 266 of 2007 is hereby amended to reflect the inclusion of this position, namely, eligibility to receive the same fringe benefits and the same annual salary adjustments as those provided to other Confidential staff' without requiring a separate resolution of the Legislature, 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, taking into consideration CPI, market analysis, and County fringe value, RESOLVED, further, That the Director of Finance is hereby authorized to make the following adjustment to his books for 2008: FROM: A1990.54440 Contingent Fund $7,088 TO: 1230.51000316 Salary $5,251 9101.58800 Fringe $1,837 SEQR ACTION: TYPE II -20 Approval of Minutes of August 19 and September 2, 2008 It was MOVED by Ms. Robertson, seconded by Mr. Proto, and unanimously adopted by voice vote by members present, to approve the minutes of August 19 and September 2, 2008, as corrected. MINUTES APPROVED. Adjournment On motion, the meeting adjourned at 7:24 p.m. 278 October 7, 2008 Regular Meeting Call to Order Mr. Koplinka-Loehr called the meeting to order at 5:32 p.m. Pledge of Allegiance to the Flag and Roll Call of Members Members and guests participated in the Pledge of Allegiance to the Flag. Present: 13 Legislators. Excused: 1 (Legislator Herrera). Absent: 1 (Legislator Randall). 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, informed his colleagues that he has additional pedometers for the Step -Up Program if any Legislator did not receive one. Mr. Proto, District No. 7 Legislator, said on Election Day there will be an item on the top of the ballot that will propose a constitutional amendment that deals with disabled veterans who are not receiving benefits but have been declared disabled, that would allow them to receive points when they apply for a position with a municipality. This amendment was described in detail in the October 4 issue of the Ithaca Journal. He encouraged everyone to support the passage of this amendment. Mr. Proto highlighted an e-mail from Sigrid Connors and Karen Bishop of the Health Department. The communication praised Kelly Nickerson, a Health Department employee, who recently completed CPR training and performed the Heimlich Maneuver on a patron of a restaurant and saved the individual's life. Ms. Robertson, District No. 13 Legislator, announced the Human Services Coalition is sponsoring "Board Basics", a training for new and prospective board members for non-profit agencies, on October 20 at 4:30 p.m. at the Women's Community Building. This is a very worthwhile training and 50 participants have already registered. Ms. Robertson said she and Mr. Whicher received a report this morning on part of the work performed by the position of Grants Facilitator/Organizational Support Specialist; half of the funding for this position comes from the County. She distributed information on the responsibilities of this position and what has been accomplished. She also reminded the public that the voter registration deadline is Friday, October 10th. Mr. Shinagawa, District No. 4 Legislator, reported he recently traveled to Washington, D.C. for the Japanese -American Citizens League second annual Gala to celebrate the 20th anniversary of the Civil Liberties Act of 1988. That Act was the legislation in which the United States Government formally apologized for the internet of Japanese -Americans and also provided reparations to Japanese -Americans that were interned during World War II. Mr. Burbank, District No. 12 Legislator, said since moving from the Ithaca Town Board to the County, he has maintained his representation of the Town on the Pegasys Access Oversight Committee. He said this local board is charged with issues related to the community access channel. He said this is a critical part of the local community and the ability of citizens to get their message out. Currently, there are three local television channels -- Channel 15 (the Government Channel), the Pegasys studio's public access channel, and the educational access channel (Channel 16). At the end of September there was a significant loss on the education channel, the demise of the New York State Network, an educational network that sent programming out to educational access stations across the State. Mr. Burbank said this was among the many losses happening across the State due to budget cuts. He said it is critical that the 279 October 7, 2008 community is aware of the value of the public access channel and thanked Jim Blizzard, Dave Craig, and Frank Rowland, Cameramen, for doing an excellent job of bringing the Legislature meetings to the public. Report from Municipal Official No municipal official was present. Presentation of Proclamation(s) Chair Koplinka-Loehr presented the following proclamation(s): Sheriffs Week in Tompkins County — October 5-11, 2008, to Sheriff Peter Meskill Chair's Report and Appointment(s) Mr. Koplinka-Loehr acknowledged two awards recently received by Tompkins County. The Tompkins County Personnel Department has been recognized for its efforts to provide opportunities for and to accommodate individuals with disabilities. Tompkins County was also honored as the nation's first-ever Go Green County of the Year, in recognition of the Solid Waste Management Division's innovation and success with its Go Green Initiative program through area schools. Chair's Appointment(s) Mr. Koplinka-Loehr appointed Mr. Burbank to the Extension Service; term to expire December 31, 2008. Mr. Burbank replaces Ms. Chock. Report from the County Administrator Mr. Whicher reported the County Administrator transition process is going well. Mr. Mareane will be meeting with department heads tomorrow and will officially begin as County Administrator for Tompkins County on October 28th . Report from the County Attorney Mr. Wood had no report. He requested an executive session to discuss litigation later in the meeting. Report from the Finance Director Mr. Squires was not in attendance. Withdrawal of Resolution(s) from the Agenda Chairman Koplinka-Loehr granted permission to the appropriate committee chair to withdraw the following resolutions: Award of Grant — The Grandmother's Project Appropriation from Contingent Fund — Expanded Transition Program (Re -Entry Initiative) — Opportunities, Alternatives, and Resources (OAR) Addition of Resolution(s) from the Agenda There were no resolution(s) added to the agenda. 280 October 7, 2008 Approval of Resolution(s) Under the Consent Agenda It was MOVED by Mr. Proto, seconded by Ms. Kiefer, and unanimously adopted by voice vote by members present, to approve the following resolution(s) under the Consent Agenda: RESOLUTION NO. 189 - BUDGET ADJUSTMENTS — VARIOUS DEPARTMENTS MOVED by Mr. Proto, seconded by Ms. Kiefer, 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, the Health and Human Services, and the Public Safety Committees, That the Director of Finance be directed to make the following budget adjustments on his books: Highway Division Revenue Acct Title Amt Approp Acct Title(s) 5130.42797 Other Local Government $92,000 5130.52233 Highway Equipment Contribution Explanation: Revenue increase for check from Tompkins County Soil and Water Conservation District, to help with the purchase of a Johnston Model VT650 2008 street sweeper truck. Office for the Aging Revenue Acct Title 6793.44772 Federal Revenue 6793.44772 Federal Revenue 6793.44772 Federal Revenue Amt $ 5,824 $ 502 $ 6,616 Approp Acct 6793.54491 6793.51000559 6793.54400 Explanation: Federal revenue increase for the HIICAP Program. Revenue Acct Title Amt Approp Acct 6780.43803 State Revenue ($ 7,762) 6780.54491 Explanation: Revenue decrease for the EISEP Program. Revenue Acct Title Amt Approp Acct 6774.43803 State Revenue $31,347 6774.54491 Explanation: Revenue increase for Foodnet in the SNAP Program. Emergency Response Revenue Acct Title Amt 3410.43389 Other Public Safety 3410.43389 Other Public Safety 3410.43389 Other Public Safety 3410.43389 Other Public Safety Explanation: Department was reimbursed by 0 training and program activities. SEQR ACTION: TYPE II -20 Title(s) Subcontract Salary Program Expense Title(s) Subcontract Title(s) Subcontract Approp Acct Title(s) $ 2,000 3410.52214 Office Furnishings $ 7,000 3410.52222 Communications Equipment $ 2,000 3410.54400 Program Expense $ 4,000 3410.54412 Travel and Training ffice of Homeland Security for expenses incurred in Funds will replace funds taken out of previous budgets. RESOLUTION NO. 190 — ACCEPTANCE OF LEGISLATIVE INITIATIVE GRANT FOR HOME REPAIRS — OFFICE FOR THE AGING MOVED by Mr. Proto, seconded by Ms. Kiefer, and unanimously adopted by voice vote by members present under the Consent Agenda. 281 October 7, 2008 WHEREAS, home repairs have been identified as a major need for low-income seniors in two decennial countywide needs assessments, and WHEREAS, client payments and subsidies are sought to cover costs of repairs, and WHEREAS, funding is often not adequate to cover costs without further assistance from the last - resort fund, and WHEREAS, the Tompkins County Office for the Aging maintains a last -resort fund to pay for health -and -safety-related repairs to homes of low-income senior citizens, and WHEREAS the Tompkins County Office for the Aging has been awarded a grant from Senator George Winner as a member item to fund the home -repair program in the amount of $10,000, 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 budget adjustment: REVENUE: A6796.43803 State Revenue $10,000 APPROPRIATION: A.6796.54400 Program Expense $10,000 SEQR ACTION: TYPE II -1 RESOLUTION NO. 191 - ACCEPTANCE OF GRANT FROM NEW YORK STATE HOUSING TRUST FUND CORPORATION FOR RESTORE PROGRAM— OFFICE FOR THE AGING MOVED by Mr. Proto, seconded by Ms. Kiefer, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the Tompkins County Office for the Aging assists low-income seniors to make emergency health -and -safety-related repairs to their homes, and WHEREAS, home repairs have been identified as a major need for low-income seniors in two decennial countywide needs assessments, and WHEREAS the Tompkins County Office for the Aging has been awarded a grant from New York State Housing Trust Fund Corporation to fund the RESTORE program in the amount of $125,000, and WHEREAS, the grant will serve the home repair needs of an estimated fifty-eight senior households who are in emergency situations, and WHEREAS the Tompkins County Office for the Aging has expressed a willingness to administer the RESTORE program, now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, That the County hereby accepts this grant of $125,000, RESOLVED, further, That the Finance Director is authorized to make the following budget adjustment: REVENUE: A6779.43803 APPROPRIATION: A6779.51000215 A6779.51000517 A6779.51000529 A6779.54400 SEQR ACTION: TYPE II -1 State Revenue Salary -Director Salary -Outreach Worker Salary -Senior Acct. Clerk/Typist Program Expense $125,000 $ 2,500 $ 2,250 $ 1,500 $118,750 RESOLUTION NO. 192 - AUTHORIZATION TO ACCEPT GRANT FUNDS, EXECUTE AGREEMENTS AND BUDGET ADJUSTMENT – SYPHILIS ELIMINATION GRANT – HEALTH DEPARTMENT 282 October 7, 2008 MOVED by Mr. Proto, seconded by Ms. Kiefer, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the New York State Department of Health Bureau of Sexually Transmitted Disease (STD) Control has awarded the Health Department $15,000 to increase awareness of syphilis and other STD's in Tompkins County through community-based education and through building the skills/knowledge base of local health practitioners and to increase syphilis and other STD screening, testing, and treatment of at -risk individuals in Tompkins County, and WHEREAS, the grant objectives include building a coalition of community partners, conducting an ongoing community education campaign, and creating and maintaining a dedicated STD website, and WHEREAS, the Health Department will contract with a community partner for development, implementation, and maintenance of the website, and WHEREAS, the Health Department will receive $15,000 for the period October 1, 2008, through December 31, 2008, now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, That the Health Department is authorized to accept said funds, RESOLVED, further, That the Department is authorized to execute any and all agreements necessary to complete the requirements of the grant, RESOLVED, further, That the Finance Director is authorized to make the following budget adjustment on his books for the Syphilis Elimination grant: REVENUE: A4016.43489 APPROPRIATION: A4016.54330 .54333 .54442 SEQR ACTION: TYPE II -20 Other State Grants Printing Education & Promotion Professional Service Fees $ 15,000 $ 2,000 9,000 4,000 RESOLUTION NO. 193 — CALLING ON THE NEW YORK CONGRESSIONAL DELEGATION TO SUPPORT AN INCREASE IN THE FEDERAL MEDICAL ASSISTANCE PERCENTAGE (FMAP) TO PROVIDE NEW YORK COUNTIES WITH PROPERTY -TAX RELIEF MOVED by Mr. Proto, seconded by Ms. Kiefer, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, under Federal Law, local governments are not responsible for any portion of Medicaid funding, however, Congress has given states the ability to require local governments to share in financing the non -Federal share of Medicaid costs, and WHEREAS, the United States Centers for Medicare & Medicaid Services data demonstrate that no other state in the country financially burdens its localities like New York State, and WHEREAS, Medicaid represents the largest single program expense in every New York State county budget and competes with the limited resources available to fund other critical budgetary needs at the county level, and WHEREAS, the National Governor's Association (NGA), including Governor Paterson, have supported a proposal for a temporary increase in the Federal Medical Assistance Percentage (FMAP) as an economic -stimulus option that would provide more Federal funding for state Medicaid programs, and WHEREAS, the NGA has indicated that it would both help to stimulate the nation's economy and shore up the safety net for low-income families, and WHEREAS, this proposal would provide nearly $1.6 billion in fiscal relief to New York State, including $480 million in relief to county government, and WHEREAS, this FMAP increase would reduce the local Medicaid burden and provide immediate property -tax relief to the residents of New York State, now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, That Tompkins County calls upon the New York Congressional Delegation to support an increase in the Federal Medical - 283 October 7, 2008 Assistance Percentage (FMAP) to provide New York's local taxpayers with relief from the crushing financial burden of the Medicaid program, RESOLVED, further, That the Clerk of the Legislature shall forward copies of this Resolution to the New York State Congressional Delegation, Governor Paterson, and all others deemed necessary and proper. SEQR ACTION: TYPE II -20 RESOLUTION NO. 194 - AUTHORIZATION TO EXECUTE CONSTRUCTION AND RIGHT- OF-WAY FUNDING AGREEMENT WITH NEW YORK STATE DEPARTMENT OF TRANSPORTATION — CR 105, CORTLAND- McLEAN ROAD RECONSTRUCTION AND BRIDGE REPLACEMENT (BIN 3314250) PHASE 3 - PIN 3754.50, TOWN OF GROTON MOVED by Mr. Proto, seconded by Ms. Kiefer, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, a Project to replace a bridge carrying Cortland -McLean Road, a.k.a. School Street, (County Road 105) over Fall Creek, P.I.N. 3754.50, (the Project) in the Town of Groton, is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs of such program to be borne at the ratio of eighty percent (80%) Federal funds and twenty percent (20%) non - Federal funds, and WHEREAS, Resolution Nos. 164 of 1997, 33 of 2002, and 87 of 2006 approved the Project and authorized execution of agreements with the New York State Department of Transportation regarding administration and funding of Scoping, Design (Phases I -VI), Right -of -Way (ROW), and Construction of earlier phases of the Project, and WHEREAS, Resolution No. 324 adopted on December 18, 2001, authorized completion of final design and granted approval of a ROW Plan for the above project, and WHEREAS, in order to expedite advancement of the Project and realize potential total project cost reductions, the New York State Department of Transportation requires the County to appropriate one -hundred percent (100%) of the project costs and then file for reimbursement of eligible costs, and WHEREAS, the County of Tompkins has advanced the above Project, making a commitment of one -hundred percent (100%) of the non -Federal share of the costs of Construction, with the Federal share of such costs to be applied directly by the New York State Department of Transportation pursuant to Agreement, and WHEREAS, construction of the bridge replacement was authorized through award of bid by Resolution No. 163 adopted on August 19, 2008, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the Tompkins County Legislature hereby reaffirms approval of the above -subject project and authorizes the County of Tompkins to pay in the first instance one -hundred percent (100%) of the Federal and non - Federal share of the costs of Construction work for the subject Project or portions thereof, RESOLVED, further, That the sum of $1,197,000 is hereby made available within account HZ5103.59239.53.02, McLean -Cortland Road Capital Account in the amount of $871,000, and account HZ5105.59239.51.05, Road Maintenance Program Capital Account in the amount of $326,000, to cover the cost of participation in the Right -of -Way and Construction phases of the Project, RESOLVED, further, That in the event the full Federal and non -Federal share costs of the project exceeds the amount appropriated above, the Tompkins County Legislature shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the New York State Department of Transportation thereof, RESOLVED, further, That the Tompkins County Highway Manager be and hereby is authorized to execute all necessary agreements, certifications, and reimbursement requests for Federal Aid and/or Marchiselli Aid on behalf of the County of Tompkins with the New York State Department of 284 October 7, 2008 Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality's first -instance funding of Project costs and permanent funding of the local share of Federal -aid and State -aid -eligible Project costs and all Project costs within appropriations therefore that are not so eligible, RESOLVED, further, That a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Proj ect, RESOLVED, further, That this resolution shall take effect immediately. SEQR ACTION: TYPE II - 2 RESOLUTION NO. 195 - AUTHORIZING AN INCREASE IN THE PASSENGER FACILITY CHARGE AT THE ITHACA TOMPKINS REGIONAL AIRPORT MOVED by Mr. Proto, seconded by Ms. Kiefer, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the Aviation Safety and Capacity Expansion Act of 1990 authorized the imposition of a Passenger Facility Charge (PFC) of $1.00, $2.00, or $3.00 per enplaned passenger for use in connection with financing eligible airport -related projects that serve to enhance safety, capacity, or security, and WHEREAS, by Resolution No. 452 of November 6, 1991, the Tompkins County Board of Representatives approved an application to the Federal Aviation Administration (FAA) to impose a $3.00 PFC, to be used to offset debt service associated with the construction of the new terminal building, and WHEREAS, in August 1997 Tompkins County made application to amend the approved PFC application to include other eligible projects to minimize the airport's debt -service burden, and WHEREAS, on April 5, 2000, the Wendell H. Ford Aviation Investment and Reform Act for the 20 Century (AIR -21) provided for additional options of imposing a PFC of $4.00 or $4.50, and WHEREAS, with the high cost of oil and consequent financial difficulties being experienced by the airport's tenant airlines, the airport wishes to change its PFC from $3.00 to $4.50 to further offset debt service and lower the airline rates and charges, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure and the Expanded Budget and Capital Committees, That the Passenger Facility Charge at the Ithaca Tompkins Regional Airport be increased from $3.00 to $4.50 and the Airport Manager be and hereby is authorized to make application to the Federal Aviation Administration for approval to execute said increase. SEQR ACTION: TYPE II -20 Report from the Workforce Development and Inclusion Committee Mrs. McBean-Clairborne, Chair, reminded everyone that the Grandmothers are here! She said she is really pleased to have eight of the thirteen indigenous grandmothers here in various parts of the County, She has had a lot of wonderful ceremonial healing, conversations, and rituals with members of the community. The feedback she has received has been phenomenal. Mrs. McBean-Clairborne announced tomorrow from 3 p.m. to 4 p.m. there will be a community tea at the Human Services Committee that is free and open to the public. Report and Presentation of Resolution(s) from the Health and Human Services Committee Mr. Proto, Chair, reported many of the Committee's actions have already been addressed under the Consent Agenda. He called attention to the dramatic increase in syphilis cases in Tompkins County and said the Health Department is doing additional education and outreach on this. He also reported on the grant for the Restore Program, and said Lisa Holmes, Director of the Office for the Aging, reported to the Committee on the Housing Trust Fund monies. While the grant amount applied for was $57,000, the 285 October 7, 2008 award was for $125,000. At the last meeting the Committee dealt with a number of youth services items, including a proposal to lower the drinking age. All three local college presidents have expressed opposition to that. Ms. Carey, Department of Social Services Commissioner, updated the Committee on DSS positions and following discussion it was agreed the Department will resume providing the Committee with a series of reports showing a breakdown of cases. Mr. Proto announced the Governor will be visiting Lifelong on October 10th. The next meeting will be November 5th RESOLUTION NO. 196 — APPROPRIATION FROM CONTINGENT FUND — TERMINAL -PAY REIMBURSEMENT — HEALTH DEPARTMENT MOVED by Mr. Proto, seconded by Ms. Kiefer. A short roll call vote resulted as follows: Ayes — 13, Noes — 0, Excused — 1 (Legislator Herrera), Absent — 1 (Legislator Randall). RESOLUTION ADOPTED. WHEREAS, the Health Department had a Community Health Nurse retire effective July 11, 2008, and WHEREAS, the Fiscal Policy of Tompkins County allows for terminal -pay reimbursement to the Department from the Contingent Fund, now therefore be it RESOLVED, on recommendation of the Health and Human Services Committee, That the Director of Finance is hereby authorized and directed to make the following budget appropriation: FROM: A1990.54440 Contingent Fund $ 8,806 TO: A4016.51000580 Community Health Nurse $ 6,381 A4016.58800 Fringes $ 2,425 SEQR ACTION: TYPE II -20 Report and Presentation of Resolution(s) from the Facilities and Infrastructure Committee Mrs. McBean-Clairborne, Chair, reported the Committee met on September 18th and heard from Mr. Marx, Commissioner of Planning and Public Works, about natural gas drilling and exploration options and the impact this activity has on the County's roads and infrastructure. Mr. Sczesny, Highway Manager, reported there has been no measurable impact yet but will continue to monitor this closely. Mrs. McBean-Clairborne reported the Committee has also been looking at ways to reduce costs for highway materials, particularly salt and sand mixtures, while not compromising the public's safety. The Committee received a presentation on the Environmentally Preferred Procurement Research (EPP) Guide and also heard of the County's Go Green initiative mentioned earlier by Chairman Koplinka-Loehr. Mrs. McBean-Clairborne reported on vehicle purchase and a budget adjustment was done in order to utilize funds available in the 2008 budget to purchase one of the two vehicles originally being requested in the 2009 budget. She said by doing so it would allow the 2009 target to be reduced by $200,000. At the Facilities and Infrastructure Committee meeting Ms. Kiefer requested that the record reflect her ambivalence regarding the associated 2009 budget target reduction of $200,000. At that meeting it was noted by Mr. Sczesny that the 2008 vehicle is approximately $20,000 less than a 2009 vehicle would be. Mrs. McBean-Clairborne said everyone is pleased to have Continental Airlines back in Ithaca. She thanked the Air Service Board and everyone who contributed in pursuing the opportunity and making this happen. The next meeting will be October 16th RESOLUTION NO. 197 - BUDGET ADJUSTMENTS — HIGHWAY DIVISION MOVED by Mrs. McBean-Clairborne, seconded by Ms. Kiefer. A short roll call vote resulted as follows: Ayes — 13, Noes — 0, Excused — 1 (Legislator Herrera), Absent — 1 (Legislator Randall). RESOLUTION ADOPTED. 286 October 7, 2008 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 Committee, That the Director of Finance be directed to make the following budget adjustments on his books: Highway Revenue Acct Title Amount Appropriation Acct Title(s) D Fund Fund Balance $ 50,000 5142.54312 Highway Materials DM Fund Fund Balance $130,000 5130.54310 Automotive Fuel DM Fund Fund Balance $ 90,000 5130.54306 Automotive Supplies Explanation: Increased costs of petroleum products have caused increases in fuel expense, highway materials and automotive supplies. SEQR ACTION: TYPE II -20 RESOLUTION NO. 198 — AUTHORIZATION TO PURCHASE VEHICLE AND BUDGET ADJUSTMENTS — HIGHWAY DIVISION MOVED by Mrs. McBean-Clairborne, seconded by Mr. Proto. A roll call vote resulted as follows: Ayes — 13, Noes — 0, Excused — 1 (Legislator Herrera), Absent — 1 (Legislator Randall). RESOLUTION ADOPTED. WHEREAS, the Highway Division initially budgeted for the purchase of two trucks in the 2009 budget, and WHEREAS, County Administration recommended the purchase of one of the trucks in 2008, utilizing existing funds, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the Director of Finance be directed to make the following budget adjustments on his books: HiLhway Revenue Acct Title Amount Appropriation Acct Title(s) D Fund Fund Balance $200,000 5110.54424 Equipment Rental 5130.42801 Interfund Revenues $200,000 5130.52233 Highway Equipment Explanation: Request to replace one 10 -wheel truck, which is on the replacement schedule, using fund balance. SEQR ACTION: TYPE II -20 RESOLUTION NO. 199 - AWARD OF BID - TOMPKINS COUNTY HEALTH DEPARTMENT INTERIOR DECONSTRUCTION PROJECT MOVED by Mrs. McBean-Clairborne, seconded by Mr. Dennis, and unanimously adopted by voice vote by members present. Mr. Proto inquired what the pre-bid estimate for this work was; Mr. Marx said $325,000-$330,000. WHEREAS, the Tompkins County Finance Department has duly advertised for bids for the Tompkins County Health Department Interior Deconstruction project, and WHEREAS, four (4) bids were received and publicly opened and read on September 4, 2008, and WHEREAS, the lowest responsible bidder for said deconstruction project was LeChase Construction Services of Rochester, New York, with a bid of $324,500, and 287 October 7, 2008 WHEREAS, the Health Department Building Construction Committee has reviewed the bids and recommends awarding the bid to LeChase Construction Services, and WHEREAS, Tompkins County is pursuing a Certificate of Need from the New York State Department of Health pertaining to the Diagnostic and Treatment Clinic and the Certified Home Health Agency, and WHEREAS, the Certificate of Need has not yet been approved, but the deconstruction of the interior is unrelated to the New York State Department of Health review of the Diagnostic and Treatment Clinic and the Certified Home Health Agency, and WHEREAS, moving forward with the deconstruction contract is critical to maintaining the construction schedule and controlling costs on this project, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the County Administrator is hereby authorized to execute a contract with LeChase Construction Services and to execute change orders of up to five (5) percent of the contract total, RESOLVED, further, That the Facilities Division be authorized to implement this bid on behalf of the County, funds being available in Capital Account No. HM4002.59239-40.10. SEQR ACTION: TYPE II -2 Report from the Hunan Resources Committee Mr. Dennis, Chairman, reported the Committee met and discussed the position reclassification process and the role of the Personnel Commissioner and the Human Resources Committee; discussion will continue at a later date. There was also discussion of the document being worked on by Deputy County Administrator Younger to assist in evaluating the four Legislative Direct Reports: Clerk of the Legislature, Finance Director, County Attorney, and the County Administrator. At the next meeting the Committee will make a decision on the final document that will be used in the evaluation and also on the process for evaluation of those positions. Mr. Dennis said members will receive copies of the document well in advance of the meeting. He said the Commissioner of Personnel is looking at what documents are presently being used to evaluate employees and will be gathering a sample of each of the documents presently being used. Mr. Dennis announced the interest arbitration will be held on October 27th. The County Administrator and Personnel Commissioner have received a request to being negotiations from the White Collar Unit. The next meeting will be November 6th at 3:30 p.m. Report from the Government Operations Committee Mr. Hattery, Chair, reported the Committee has not met since the last Legislature meeting. The next meeting will be October 10 at 2 p.m. Report and Presentation of Resolution(s) from the Planning, Development, and Environmental Quality Committee Ms. Robertson, Chair, reported the Committee has not met since the last Legislature meeting. She spoke on the subject of gas drilling and reported the Department of Environmental Conservation (DEC) has posted online the Generic Environmental Impact Statement Scoping Document for the purpose of public comment about what should be looked at in the environmental review and what the DEC should pay attention to in gas drilling operations. Ms. Robertson stressed it is very important for citizens and legislators to provide input. The next Committee meeting will be tomorrow at 3 p.m. RESOLUTION NO. 200 — SUPPORTING THE WATER RESOURCES COUNCIL/CORNELL UNIVERSITY PARTNERSHIP IN FURTHERING STRATEGIC LAKE MONITORING AND SUPPORTING CONTINUATION OF THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION'S LAKE -SOURCE COOLING PERMIT - REQUIRED IN -LAKE MONITORING 288 October 7, 2008 MOVED by Ms. Robertson, seconded by Ms. Mackesey. Ms. Chock summarized this resolution as a much-discussed compromise that attempts to recognize and support the work of those who developed a plan to further monitor the lake for all kinds of environmental reasons while at the same time, attempting to leave the decision up to the DEC about how it should oversee the particular spots involved in Cornell's Lake Source Cooling project. While she does not think it is an ideal solution she will support it as a compromise. Mr. Proto, Chair of the Water Resources Council, agreed with Ms. Chock's characterization of the resolution and said a monitoring report will be produced and said the Water Resources Council is supportive of the passage of this resolution. Mr. Proto commended the work of Ms. Johnston and Ms. Jurkowich's contributions to this. Ms. Robertson thanked everyone involved in this process for their contributions to the resolution. She said this is one of those collaborative efforts Tompkins County is known for. She was pleased at a recent Expanded Budget and Capital Committee meeting that a decision was made to support the related stream -monitoring that is mentioned in this report. Ms. Robertson said stream -monitoring is clearly a very important part of knowing what is gong on in the lake and she looks forward to receiving reports from the group as the effort moves forward. A voice vote resulted as follows: Ayes — 13, Noes — 0,Excused — 1 (Legislator Herrera), Absent — 1 (Legislator Randall). RESOLUTION ADOPTED. WHEREAS, the Tompkins County Water Resources Council, an advisory board to the Tompkins County Legislature, promotes the protection of the community's water resources, and WHEREAS, in 1998, Cornell University received a permit from the New York State Department of Environmental Conservation (DEC) to construct and operate the Lake Source Cooling plant on Cayuga Lake, and WHEREAS, the DEC permit required Cornell University to undertake a program to monitor the impacts of Lake Source Cooling on the southern end of Cayuga Lake, and WHEREAS, in 2004, Cornell University requested the New York State Department of Environmental Conservation to reduce the permit -required Lake Source Cooling monitoring sites in the southern end of Cayuga Lake, and WHEREAS, on February 15, 2005, by Resolution No. 23, the Tompkins County Legislature opposed the reduction of monitoring sites during the duration of the permit, and WHEREAS, in 2006, the Water Resources Council and Cornell University entered into a partnership to collaborate on issues related to Cayuga Lake, and WHEREAS, the Water Resources Council -Cornell University partnership has now proposed a Strategic Monitoring Plan for the impaired southern basin of Cayuga Lake that includes physical, chemical, and biological monitoring components to help ascertain trends and variations in these indicators of the health of the lake, and WHEREAS, unlike the Strategic Monitoring Plan, Cornell's permit -required in -lake Lake Source Cooling monitoring was never designed to monitor Cayuga Lake but to detect the impact (if any) of Lake Source Cooling on the lake, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the Tompkins County Legislature commends the Water Resources Council -Cornell University partnership on their productive collaboration and supports the overall approach described in the new Strategic Monitoring Plan for the southern end of Cayuga Lake, RESOLVED, further, That the Tompkins County Legislature believes the monitoring plan and Lake Source Cooling are two separate topics that should be addressed separately, RESOLVED, further, That the Tompkins County Legislature believes the New York State Department of Environmental Conservation should require continuation of the Lake Source Cooling in - lake monitoring sites in any permit renewal, RESOLVED, further, That a certified copy of this resolution be sent to the New York State Department of Environmental Conservation. 289 SEQR ACTION: TYPE II -18 October 7, 2008 Report from the Budget and Capital Committee Mr. Shinagawa, Chair, reported the Expanded Budget Committee continues to meet and deliberate on budget amendments to the proposed 2009 Tompkins County Budget. At this time the tax levy is 3.13% and the Fund Balance is just below $1 million. Report and Presentation of Resolution(s) from the Public Safety Committee Mr. Stevenson, Chair, reported the Committee met on September 19th and received a presentation from the LETSS (Law Enforcement Technology Shared Services) Group. A resolution will be coming forward requesting support for a $30,000 Over Target Request contained in the proposed budget and which has been included in the County Administrator's recommendations. The Committee heard a report from Suzi Cook, Chair of the Criminal Justice Advisory/Alternatives-to-Incarceration Board, on the issue of securing NYSID (New York State Identification) numbers for analysis for the jail population. Mr. Shurtleff, Director of Emergency Response, reported the Ithaca Police Department went live on the 800 - mHz system around the time the students came back to town. At this time all but one of the agencies is using the system and everything is going very well. Chair Koplinka-Loehr reported on October 24 at 11 a.m. a ribbon -cutting ceremony will take place at Ithaca College of the new Communications Project. Formal notification will be coming soon. RESOLUTION NO. 201— APPROPRIATION FROM CONTINGENT FUND — TERMINAL -PAY REIMBURSEMENT — DEPARTMENT OF PROBATION AND COMMUNITY JUSTICE MOVED by Mr. Stevenson, seconded by Mr. Hattery. A short roll call vote resulted as follows: Ayes — 13, Noes — 0, Excused — 1 (Legislator Herrera), Absent — 1 (Legislator Randall). RESOLUTION ADOPTED. WHEREAS, the Department of Probation and Community Justice had its Director retire effective July 25, 2008, and WHEREAS, the Fiscal Policy of Tompkins County allows for terminal -pay reimbursement to the Department from the Contingent Fund, now therefore be it RESOLVED, on recommendation of the Public Safety and the Expanded Budget and Capital Committees, That the Director of Finance is hereby authorized and directed to make the following budget appropriation for 2008: FROM: A1990.54400 Contingent Fund $7,888 TO: A3140.51000238 Probation Director $5,716 A3140.58800 Fringes $2,172 SEQR ACTION: TYPE II -20 RESOLUTION NO. 202 - APPROPRIATION FROM CONTINGENT FUND —BAIL FUND PROGRAM — OPPORTUNITIES, ALTERNATIVES AND RESOURCES (OAR) MOVED by Mr. Stevenson, seconded by Ms. Robertson. Ms. Robertson called attention to a document from OAR Opportunities, Alternatives, and Resources), and noted 82 percent of the bails this year were $1,000 or less. Ms. Mackesey questioned a statement in the document relating to local courts holding bails. It was suggested that the Chair write a letter to local town justices asking that the return of 290 October 7, 2008 these bails be expedited. Ms. Dietrich, Executive Director said the forfeiture rate is approximately 3.7 percent. A roll call vote resulted as follows: Ayes — 10, Noes — 3 (Legislators Hattery, Sigler, and Stevenson), Excused — 1 (Legislator Herrera), Absent — 1 (Legislator Randall). RESOLUTION ADOPTED. WHEREAS, Opportunities, Alternatives and Resources (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, additional funding is needed at this time to continue to increase the number of bails provided, and WHEREAS, $10,000 was earmarked for jail overcrowding by the Legislature, and WHEREAS, OAR expects to exceed last year's number of bails and with the addition of $10,000 to the Bail Fund, OAR will be able to bail out nearly 85 individuals in 2008, 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 Public Safety and the Expanded Budget and Capital Committees, That the Director of Finance be authorized to make the following budget appropriation: FROM: A1990.54400 Contingent Fund $10,000 TO: A6316.54400 Program Expense $10,000 SEQR ACTION: TYPE I1-20 Approval of Minutes of September 16, 2008 It was MOVED by Ms. Robertson, seconded by Mr. Dennis, and unanimously adopted by voice vote by members present, to approve the minutes of September 16, 2008, as corrected. MINUTES APPROVED. Recess Chairman Koplinka-Loehr declared recess from 6:35 p.m. to 6:40 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 6:40 p.m. to discuss litigation. The meeting returned to open session at 6:47 p.m. Adjournment On motion, the meeting adjourned at 6:47 p.m. 291 October 21, 2008 Regular Meeting Call to Order Mr. Koplinka-Loehr 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 (Legislator Kiefer arrived at 5:33 p.m.; Legislator McBean-Clairborne arrived at 5:34 p.m.). Appointment of Civil War Commemoration Commission Chair Koplinka-Loehr appointed a Civil War Commemoration Commission to develop and coordinate events commemorating the American Civil War, begun April 1861 and ending 1865. The Commission will develop a community civics and history lesson using the occasion to begin a discussion of war, civic obligation, racism, the role of women, soldiers of color, political opinion, and to discuss the expansion of the political process of democratization that has occurred since 1865. The initial Committee membership is at 14, with a maximum of 17 voting members. Specific commemorative events will begin in April 2011 and last through the end of the war -cycle, 2015. Ms. Kiefer arrived at this time. Marty Luster, Co-chair of the Commission, spoke of the Commission's first meeting that included brainstorming for events to begin in 2011 and continue for a five-year period. Mrs. McBean-Clairborne arrived at this time. 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, welcomed Joe Mareane, the new County Administrator. He then spoke of his work with retiring County Administrator Stephen Whicher, noting his work ethic, leadership with the communications project, health insurance consortium, and assistance in educating him regarding retiree health insurance. Mr. Dennis said Mr. Whicher has wonderful abilities that have been demonstrated to build bridges with colleges, the business world, and agencies funded by the County. Mr. Dennis noted Mr. Whicher's ability to be both fierce and understanding in negotiations, and of how he has assisted guiding the workforce toward best things for the people of Tompkins County. He wished Mr. Whicher well in his retirement. Addition of Resolution(s) from the Agenda It was MOVED by Ms. Robertson, and unanimously seconded, to add the resolution entitled In Appreciation of Retiring County Administrator, Stephen (Steve) Whicher to the agenda. RESOLUTION NO. 203 — IN APPRECIATION OF RETIRING COUNTY ADMINISTRATOR, STEPHEN (STEVE) WHICHER MOVED by Ms. Robertson, and unanimously seconded. 292 October 21, 2008 Ms. Chock expressed her appreciation to Mr. Whicher for his ability and willingness to concisely lay out each side of an issue. She also noted he always answered her questions, honoring her right and responsibility as a Legislator to ask them. Mrs. McBean-Clairborne expressed appreciation to Mr. Whicher for his guidance during times the Chair was absent, as well as his speaking frankly regarding issues. She noted Mr. Whicher would not hesitate to accept responsibility if a mistake was made. Mr. Proto expressed appreciation to Mr. Whicher for a wonderful job, noting his willingness to accept questions outside of normal business hours, as well as a willingness to describe, discuss, and reiterate information. Ms. Mackesey spoke of how she was impressed with Mr. Whicher's ability to deal with problem solving. She further expressed her appreciation for taking time to assist human services agencies with funding difficulties, such as the Drop -In Center. She noted it is not the type of assistance necessary for the position, but he was willing to do so, indicating commitment to the community and the social -support system we have. Mr. Shinagawa expressed appreciation to Mr. Whicher for his assistance and willingness to teach, educate, and empower him as a young Legislator. He valued the time spent with Mr. Whicher and said the other young interns working under Mr. Whicher have shared the same appreciation. Mr. Shinagawa spoke of the budget coming forward and reaching the goal, showing Mr. Whicher's ability as a leader. Mr. Koplinka-Loehr spoke of having served under four different County Administrators. He said Mr. Whicher was the most constant in his mind regarding keeping in mind the best for public good. He said he advocated efficiency, effectiveness, measurable indicators, etc. He was grateful for Mr. Whicher's analytical skills and his compassion and caring for the County. A voice vote on the resolution resulted as follows: Ayes — 15; Noes — 0. RESOLUTION ADOPTED. WHEREAS, Stephen (Steve) Whicher began working for Tompkins County as Assistant Assessor from 1974 to 1980, and after many years with the New York State Office of Real Property Services, returned to Tompkins County in 1996 to serve as the Director of Assessment until his appointment as County Administrator on January 21, 2001, and WHEREAS, Steve has not one, but ten monuments to his dedication and perseverance installed around Tompkins County, all connected by a public safety communications system to die for, and WHEREAS, Steve labored mightily on Tompkins County budgets for seven years with great success, and he will forever be credited with implementing the fiscal management tool known as "Legislature -Directed Reductions", and WHEREAS, Steve is known for his overall leadership in County government and its departments through his efficiency, effectiveness, and high standards of public service and the development of strong relationships with human service agencies throughout the county, and WHEREAS, Steve herded the cats of municipal governments through the process of creating Tompkins County Council of Governments (TCCOG) and a health care consortium that is anticipated to save county taxpayers millions of dollars each year, and WHEREAS, Steve's knowledge and skill were essential to negotiating the first ever AES Cayuga Payment in Lieu of Taxes (PILOT) for the IDA, such that we will need to channel his wisdom in future years to get us through, and WHEREAS, Steve has had a home in the Ithaca area since he was in the fourth grade, and we hope he keeps his home here and spends at least a little time each year working on wood pelletizing machines, now therefore be it 293 October 21, 2008 RESOLVED, That the Tompkins County Legislature recognizes, on the occasion of his retirement, the many significant contributions Steve 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 Steve on this well-deserved occasion, RESOLVED, further, That the public is welcome to join us at a reception on November 7, 2008, to honor and thank Steve Whicher for his years of service to Tompkins County, where we hope to embarrass him as well because nobody blushes better than Steve Whicher. SEQR ACTION: TYPE I1-20 Privilege of the Floor by Legislators (Continued) Mr. Proto, District No. 7 Legislator, announced there would be a Veterans Day Parade at 2:00 p.m. on November 9th. On November 11th an official ceremony would be held in DeWitt Park, with a reception following at the Veterans of Foreign Wars building. Ms. Kiefer, District No. 10 Legislator, reported on the Metropolitan Planning Organization (MPO) meeting held earlier in the day, noting they received a report that there have been several days that all Ithaca Carshare vehicles have been used at least twice. In addition, discussions regarding the winter road -clearing policies in various municipalities occurred, noting they vary from town to town. In addition, the MPO discussed the County's decision not to continue plowing roads for the State by contract due to a lack of full reimbursement. She suggested the topic of winter road -clearing policy be taken up by the Tompkins County Council of Governments to develop a consistent policy, however, the Town Highway Superintendents would need to be involved. Ms. Robertson, District No. 13 Legislator, announced there would be a meeting on October 23rd at the Women's Community Building with representatives from the State Attorney General's office to discuss landowner rights with regard to gas drilling leases. She hoped some of the scope and Department of Environmental Conservation concerns would be involved as well. Mrs. McBean-Clairborne, District No. 2 Legislator, congratulated the Community Dispute Resolution Center (CDRC) on its 25th anniversary and spoke of the wonderful work done by Ms. Saul and her staff to bring about conflict resolution and mediation services throughout the world. She wished them many more years of success. Report from Municipal Official No municipal official was present. Chair's Report Mr. Koplinka-Loehr requested there be a brief retreat at the end of the meeting to review the County Administrator job description and other documents provided to Legislators and speak of any expectations they may have. He also noted he had distributed copies of a letter from the New York State Association of Counties regarding participation on their various committees and indicated he would be happy to write a letter of recommendation to anyone who wished to participate. Report from the County Administrator Mr. Whicher spoke of his working with Mr. Mareane, stating he is an outstanding individual and that he believes the Legislature has made a wonderful selection. 294 October 21, 2008 Mr. Mareane expressed his appreciation and said all he had heard regarding Tompkins County government has been confirmed. He said Mr. Whicher has been an incredibly capable County Administrator who has assisted in developing policies that have helped the County. Mr. Mareane said the transition for him would be easy as Tompkins County is not a government in trouble; it is "a house in good order" and is a credit to Mr. Whicher. He is honored with the confidence placed in him by the Legislature and although the economy is difficult at this time, working together closely with the Legislature would get the County through. Mr. Mareane is looking forward to working with the Legislature and staff and thanked everyone for the confidence placed in him. Appointment of Commissioner of Social Services Mr. Whicher spoke of having great pleasure working with Patricia Carey, Commissioner of Social Services, for the past five years and is recommending the Legislature confirm her reappointment for a five-year term. It was MOVED by Mr. Proto, seconded by Ms. Herrera, to appoint Patricia Carey to the position of Commissioner of Social Services for a five-year term. Ms. Robertson noted she had been on the committee making a determination of Commissioner five years ago and that the Legislature had made the right choice. She said it is a pleasure to have all questions answered, noting Ms. Carey's advocacy for clients and her willingness to do the right thing. A voice vote on the motion resulted as follows: Ayes — 15; Noes — 0. APPOINTMENT APPROVED. Mr. Whicher spoke of having the privilege to appoint department heads and said it is a challenge to do so as the candidates are the best of the best. He said the County has built a good team consisting of top-of-the-line and outstanding individuals. Mr. Whicher said it is hard to say goodbye and he is looking forward to moving on and doing something different. He expressed appreciation for the privilege and honor of working with the Legislature. Mr. Whicher said he worked with many counties throughout New York State and that Tompkins County is outstanding, with the amount of work done and care reflected by its staff and Legislature clearly reaffirming how outstanding the County is. He thanked everyone for the tremendous opportunity of working with them. Report from the County Attorney Mr. Wood spoke of his working daily with Mr. Whicher; he could speak of any issue, always giving attention and discussing anything. He spoke of Mr. Whicher doing what he believed right and that it has been a privilege to have that kind of working relationship with him. Mr. Wood said he commended the Legislature on Ms. Carey's appointment; she is an excellent Commissioner of Social Services. Mr. Wood reported with regard to the eminent domain lawsuit and said there would be a hearing before a judge regarding the issue. At this time, an order maintaining the enjoining to allow access to the site is in place. He has met several times with the parties involved, with the next meeting to occur on October 23rd. Mr. Wood said the purpose of the resolution on today's agenda is due to time requirements; the resolution must be approved within ninety days. Mr. Wood said passing the resolution would strengthen the County's position to arrange access to the site. The reason the matter has not come forward to the Committee for reporting is simply due to the timing of requirements and once the hearings are complete he would provide a report. Report from the Finance Director 295 October 21, 2008 Mr. Squires said he has worked with Mr. Whicher for a number of years and will miss always being able to stop in and discuss items with him. Mr. Squires reported the City of Ithaca has agreed to take over the billing of septage from the County. He suggested individuals desiring to see the latest financial status of the budget could do so at the www.tompkins-co.org site under the budget heading. Mr. Squires spoke of the webinar presented by the New York State Association of Counties (NYSAC) regarding retirement reporting of elected officials. Due to regulatory changes, in January or February elected officials will be required to provide a report of all time spent on the position they were elected for. Although surveys of approximate time spent were done in the past, the State Comptroller would be requiring a record of time over a 120 -day period. Mr. Squires will be providing a sample of information required. Ms. Mackesey noted the January — March time period recorded may not accurately reflect the overall work done by an elected official, particularly if they are just coming into office. Ms. Kiefer reported there is a comment period under the regulations and urged members of the Legislature to review the material and send in comments. She also noted that travel time can be included in worked time, which is different from the Internal Revenue Service. One question yet to be answered by NYSAC is whether the State Legislature members are also required to record time. Mr. Squires reported he would be completing work on a bond issuance relating to the 55 Brown Road, Health Department property in January 2009. Mr. Squires reported he received a call from Dr. Haynes of Tompkins Cortland Community College regarding the need to speak to the counties in the near future; he is not certain of the purpose but believes it may relate to a required facility alteration. Mr. Squires reported the sales tax for the third quarter was received, and he believes it contains a large adjustment due to the increased amount. The receipts for 2008 could come in over $1 million above estimates, this could be used to offset potential cuts from State income. He noted he was more conservative in the 2009 revenue projections. Withdrawal of Resolution(s) from the Agenda There were no resolution(s) withdrawn from the agenda. Addition of Resolution(s) from the Agenda In addition to the resolution previously added to the agenda, it was MOVED by Mr. Stevenson, seconded by Mr. Dennis, and unanimously adopted by voice vote, to add the resolution entitled: Appropriation From Contingent Fund — Expanded Transition Program (Re -Entry Initiative) Opportunities, Alternatives, And Resources (OAR). Approval of Resolution(s) Under the Consent Agenda It was MOVED by Ms. Herrera, seconded by Ms. Kiefer, and unanimously adopted by voice vote, to approve the following resolution(s) under the Consent Agenda: RESOLUTION NO. 204 - AUTHORIZATION TO EXECUTE AN AGREEMENT WITH THE TOWN OF ULYSSES — WEST SENECA ROAD BRIDGE REPLACEMENT AND FUTURE MAINTENANCE (BIN 3210250) MOVED by Ms. Herrera, seconded by Ms. Kiefer, and unanimously adopted by voice vote, under the Consent Agenda. 296 October 21, 2008 WHEREAS, Tompkins County and the Town of Ulysses cooperatively maintain a bridge on West Seneca Road (BIN 3210250) over Boardman Creek 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 2009, 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 Ulysses to fund replacement and to specify responsibilities for continued cooperative maintenance of the bridge. SEQR ACTION: TYPE II- 2 RESOLUTION NO. 205 - AUTHORIZATION TO EXECUTE EXTENSIONS OF SNOW AND ICE AGREEMENTS WITH THE TOWNS IN TOMPKINS COUNTY MOVED by Ms. Herrera, seconded by Ms. Kiefer, and unanimously adopted by voice vote, under the Consent Agenda. WHEREAS, the County of Tompkins has heretofore entered into Agreements with seven Towns in Tompkins County pursuant to Section 135a of the State Highway Law relating to removal of snow and ice from County highways in Towns and incorporated Villages, and WHEREAS, said Agreements provide for an annual review to consider modifications to such snow and ice services, and WHEREAS, it would be in the best interest of the County to extend said Agreements, as currently set to expire December 31, 2008, as modified and updated, for an additional period, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That extensions of said snow and ice agreements are hereby authorized for a period of up to two years from January 1, 2009, through December 31, 2010, with the assurance that the required annual review can lead to modifications in the second year, and the County Administrator be and hereby is authorized and directed to execute such extensions on behalf of the County. SEQR ACTION: TYPE II -20 RESOLUTION NO. 206 - AUTHORIZING AN AGREEMENT WITH CONTINENTAL AIRLINES, INC., TO OPERATE IN AND LEASE SPACE AT THE ITHACA TOMPKINS REGIONAL AIRPORT MOVED by Ms. Herrera, seconded by Ms. Kiefer, and unanimously adopted by voice vote, under the Consent Agenda. WHEREAS, Continental Airlines, Inc., d/b/a Continental Connection, wishes to lease space in the passenger terminal at the Ithaca Tompkins Regional Airport and begin air transportation service in October 2008, and WHEREAS, the Ithaca Tompkins Regional Airport is a publicly owned, public -use facility that is required by Federal Aviation Administration (FAA) regulations to accommodate any and all airlines that desire to provide public conveyance by air, subject to said airline or airlines being in good standing and abiding by the conditions stated in any airport/airline agreement, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That an Airline Operating Agreement incorporating the operating and lease terms agreed with Continental Airlines Inc., be approved and that the County Administrator be and hereby is authorized to execute said operating agreement with Continental Airlines Inc. SEQR ACTION: TYPE II -20 297 October 21, 2008 RESOLUTION NO. 207 - APPOINTMENT OF ELECTION COMMISSIONER FOR 2009-2010 MOVED by Ms. Herrera, seconded by Ms. Kiefer, and unanimously adopted by voice vote, under the Consent Agenda. WHEREAS, Election Commissioner Stephen DeWitt's term is due to expire December 31, 2008, and WHEREAS, the Tompkins County Democratic Committee, at its September 25, 2008, meeting recommended Stephen M. DeWitt for reappointment to a two-year term, now therefore be it RESOLVED, on recommendation of the Tompkins County Democratic Committee and the Government Operations Committee, That Stephen M. DeWitt be and hereby is appointed Democratic Party Elections Commissioner for the two-year term commencing January 1, 2009, and ending December 31, 2010. SEQR ACTION: TYPE II -20 RESOLUTION NO. 208 - BUDGET ADJUSTMENT — TRANSPORTATION GRANT MOVED by Ms. Herrera, seconded by Ms. Kiefer, 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: Transportation Grant Revenue Account Title Amt Appropriation Title(s) Account 5631.43594 Mass Transit $28,860 5631.41792 Transit Income $800 5631.44594 Fed Aid Mass $163,840 5631.42770 Other Misc. Rev $500 $500 5631.52206 Computer Equipment $900 5631.52230 Computer Software $200 5631.54303 Office Supplies $1,500 5631.54330 Printing $100 5631.54332 Books/Publications $93,500 5631.54400 Program Expense $3,000 5631.54402 Advertising and Promotion $800 5631.54412 Travel and Training $300 5631.54416 Dues/Memberships $93,000 5631.54425 Service Contracts $200 5631.54442 Professional Services Explanation: These accounts were not budgeted during the 2008 Budget Process because grant funds and program configuration were not established. There is no local share in 2008. SEQR ACTION: TYPE II -20 RESOLUTION NO. 209 - AUTHORIZING PUBLIC HEARINGS FOR HOUSING, PUBLIC FACILITIES, AND ECONOMIC DEVELOPMENT NEEDS FOR THE OFFICE OF COMMUNITY RENEWAL COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 298 October 21, 2008 MOVED by Ms. Herrera, seconded by Ms. Kiefer, and unanimously adopted by voice vote, under the Consent Agenda. WHEREAS, the New York State Office of Community Renewal's funding for the Community Development Block Grant (CDBG) program accepts competitive applications for housing, public facilities, and microenterprise projects in the spring of each year, and WHEREAS, Tompkins County would like to apply for competitive housing, public facilities, and/or microenterprise funds in 2009, and WHEREAS, Tompkins County is required to have at least two public hearings pursuant to any CDBG applications for funding, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That two public hearing dates be set: the first to be held on November 5, 2008, to discuss general housing, public facilities, and economic development needs in the County and the second to be held on January 20, 2009, to discuss submitting a specific application for competitive housing, public facilities, and/or microenterprise funds under the CDBG program in 2009, RESOLVED, further, That these hearings will be held at 5:30 p.m., at a regularly scheduled meeting of the Tompkins County Legislature, 320 North Tioga Street, Ithaca, New York, RESOLVED, further, That the Clerk of the Legislature is authorized to place proper notice of these public hearings in the official newspaper of the County. SEQR ACTION: TYPE II -20 Approval of Appointment(s) Under the Consent Agenda It was MOVED by Ms. Herrera, seconded by Ms. Kiefer, and unanimously adopted by voice vote, to approve the following appointment(s) under the Consent Agenda: Central New York Conservation District Jacalyn Spoon — Tompkins County representative; no set term Agricultural and Farmland Protection Board Raul Aguirre — Land Conservation representative; term expires December 31, 2011 Report, Presentation of Resolution(s), and Appointment(s) from the Planning, Development, and Environmental Quality Committee RESOLUTION NO. 210 - AMENDING BYLAWS FOR THE STRATEGIC TOURISM PLANNING BOARD TO INCREASE MEMBERSHIP MOVED by Ms. Robertson, seconded by Ms. Chock. In response to a question from Ms. Kiefer regarding the amendment of specific designations for members, Ms. Chock noted the amendments provide for more flexibility in obtaining members on the Board. There is a detailed nominating process and Committee review prior to appointments. Ms. Kiefer felt the elimination of some of the categories might not be the best way to provide for increased membership. Ms. Herrera spoke of the Strategic Tourism Planning Board being part of the local economic development and it is important to increase membership. A voice vote on the resolution resulted as follows: Ayes — 15; Noes — 0. RESOLUTION ADOPTED. WHEREAS, the current membership of the Strategic Tourism Planning Board (STPB) is limited to specific categories, and the committee would benefit from the expertise from other areas that contribute to the Tompkins County Tourism Program, but do not fit into the current specified categories for membership, and WHEREAS, the reason for such extension is to enjoy the benefit of experience that the board gains from members who serve on the STPB, now therefore be it 299 October 21, 2008 RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That the bylaws for the Strategic Tourism Planning Board that were adopted by the Board of Representatives, on February 20, 2002, be amended as follows: Section 1. Appointment Procedure. a. Voting Members Two lodging representatives One Recreation representative One Agriculture representative Four Arts/Culture representatives One Cornell University representative One Ithaca College representative One Tompkins Cortland Community College representative Seven At -large representatives b. Non -Voting Members The STPB shall have 6 non-voting members one each from: The Tompkins County Legislature Tompkins County Chamber of Commerce (Convention and Visitors Bureau) Governmental Transportation Tompkins County Area Development Downtown Ithaca Alliance Community Arts Partnership RESOLVED, further, That the members that currently represent seats that are eliminated by this resolution shall now represent At -large positions on the Strategic Tourism Planning Board, maintaining their respective terms. SEQR ACTION: TYPE II -20 Appointment It was MOVED by Ms. Robertson, seconded by Mr. Proto, and unanimously adopted by voice vote, to approve the following appointment: Strategic Tourism Planning Board Deborah L. Teeter — Agriculture representative; term expires December 31, 2008 RESOLUTION NO. 211 - FUNDING OF TOURISM WEBSITE UPGRADE MOVED by Ms. Robertson, seconded by Mr. Proto. Ms. Herrera said she had voted against the resolution at Committee as she did not have adequate time to review the matter. Subsequent to the meeting she reviewed the matter and would support it. A voice vote on the resolution resulted as follows: Ayes — 15; Noes — 0. RESOLUTION ADOPTED. WHEREAS, the Ithaca/Tompkins Convention and Visitors Bureau (CVB) is designated as Tompkins County's tourism promotion agency, and WHEREAS, one of the CVB's key tools to market the area is its website known as Visitlthaca.com, which provides visitors with intriguing images, facts, tips, lodging, and meeting resources, as well as relocation guides, and WHEREAS, it is timely to update and upgrade the Visitlthaca.com website, 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 CVB has reviewed its website designer's proposal with a cost not to exceed $12,000 for the upgrade, and 300 October 21, 2008 WHEREAS, the Strategic Tourism Planning Board received and reviewed a proposal from the CVB to upgrade the website and recommended its approval to the Tompkins County Legislature through the Planning, Development, and Environmental Quality and the Budget and Capital Committees, 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 execute an amendment to the Tompkins County Chamber of Commerce contract for the CVB's website upgrade for an amount not to exceed $12,000, 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 $12,000 Expense: 6475.54630 Convention and Visitors Bureau $12,000 SEQR ACTION: TYPE II -20 Ms. Robertson, Chair, reported the Committee met on October 8th the next meeting would be held November 13th. The transportation initiative resolution represents a grant received with numerous proposals within it to fill in transportation gaps. A good part of the meeting was spent discussing the public response to the draft Energy and Greenhouse Gas Emissions portion of the Comprehensive Plan. There were many meetings soliciting comments from residents and staff received over 350 comments. They reported on how the comments were used to modify the draft proposal. This will now be provided to the Planning Advisory Board, with the final version coming to the Committee in November and to the Legislature with a public hearing in December. She commended the staff for the work completed. A draft memorandum of understanding between the City and the County relating to the housing initiative is in the process of review and would be coming forward by the end of the year. The Committee received a report from Mr. Marx regarding the Biggs B disposition recommendations; this has gone to the Facilities and Infrastructure Committee. With regard to Resolution No. 208 — Budget Adjustment — Transportation Grant, Ms. Kiefer spoke of the census data provided that showed, by municipality, how much of the total population and how many seniors live within '/a mile of a TCAT route and noted it would be useful to know how many trips per day to each location occurs. Ms. Mackesey said the information is available and would provide a copy of the information. Mr. Proto said that as a member of the Tompkins Consolidated Area Transit (TCAT) Board who reviewed the grant, it was determined the Board should meet periodically with Mr. Mengel of the Department of Social Services to have an understanding of the program's progress. There is no local share for the programs in 2008, however with potential State reductions it may be necessary to come to the Legislature to request additional funding. Report and Presentation of Resolution(s) from the Facilities and Infrastructure Committee Mrs. McBean-Clairborne, Chair, reported the Committee met on October 16th, with most discussion items contained within this agenda. She said the Committee heard about the Biggs B disposition and more information would be forthcoming. A presentation of the GoGreen Initiative was shown, this initiative received national recognition for the work undertaken by Linnett Short, Kat McCarthy, and Stephanie Egan. She said it is a testimony of the value of project assistants as both Kat and Stephanie came to Tompkins County in this manner; they both are new employees of the County and are continuing to work on educational projects. Mrs. McBean-Clairborne is proud of the program and sees value in supporting the use of Project Assistants. The Committee held a discussion regarding the Public Works proposal to fund a part-time position for green purchasing in the Finance Department. It was determined to continue working on the possibility to answer all questions relating to the proposal and move it forward. The Committee was informed the resolution creating the Air Service Board had a sunset clause for December 31, 2008, and it is necessary to determine if the Legislature desires to continue the Board and if there are any questions regarding the membership. Mrs. McBean-Clairborne expressed 301 October 21, 2008 pleasure to pass the resolution authorizing an agreement with Continental Airlines to lease space and provide air service at the Ithaca Tompkins Regional Airport. RESOLUTION NO. 212 - ESTABLISHING A UNIT CHARGE FOR THE 2009 SOLID WASTE ANNUAL FEE MOVED by Mrs. McBean-Clairborne, seconded by Ms. Mackesey. Mr. Proto said he would not support the resolution and expressed concern regarding the unit charges for the colleges; he believes they are too low, particularly with the many years of using the landfill. He believes there are other ways the fees should be negotiated. Mr. Proto also spoke of the fund balance and would like to propose that during 2009 a review occur to determine how to reduce the sold waste fee below the present $54.00 amount as well as whether the fund balance amount is appropriate in light of a potential single -stream waste program. Mrs. McBean-Clairborne said she can see why Mr. Proto has said this, but with new initiatives that would come forward the fund balance would not be as significant. She is willing to discuss the matter. Mr. Burbank would not support the resolution due to a fee structure he believes is too regressive; he too is interested in the areas spoken of by Mr. Proto. Ms. Eckstrom, Solid Waste Director, said the situation is very grave regarding the commodities market for paper; some domestic manufactures have closed and the international market is also strained. The ten percent fund balance for Solid Waste is in place to prevent the need to increase property tax. She noted the five-year projected budget, which includes increases for fuel prices and no increase in contracts, shows if the annual fee is maintained at $54 for four to five years it could lose $300,000 to $400,000 by the end of the year. She believes it is critical to understand both the history and future that by 2015 the annual fee would be $60. Debt service for Solid Waste Facility will be paid off in 2015. A voice vote on the resolution resulted as follows: Ayes — 11; Noes — 4 (Legislators Burbank, Proto, Sigler, and Stevenson). RESOLUTION ADOPTED. WHEREAS, the unit charge for the 2009 Solid Waste Annual Fee has been recommended by the Facilities and Infrastructure Committee, now therefore be it RESOLVED, on recommendation of the Facilities and Infrastructure Committee, That the Unit Charge for the 2009 Solid Waste Annual Fee be established at $54.00 per billing unit, which is the same as the 2008 Solid Waste Annual Fee. ATTACHMENT A: SCHEDULE OF RATES PROPERTY CLASS 'USED AS' CODE (A) Single-family residences Mobile Homes Churches 210,240,241,242,250,280 270,271,416 Unit Charge: One billing unit per Church or living unit Z32 (B) Two-family residences and other residences with two living units All 220's Unit Charges: Two billing units, except if verified as owner occupied and used as a single unit, the charge is one billing unit. 302 October 21, 2008 (C) Multi -unit residences 3 or more units 230's Apartments Rooming houses: 418 2.5 beds = 1 billing unit Unit Charges: One billing unit per living unit A01 - A07 (D) Colleges: All tax-exempt parcels owned by the colleges Unit Charges: Tompkins Cortland Community College Cornell University Ithaca College BOCES Total Colleges: $6,287.51 $178,413.62 $47, 506.08 $28,805.09 $252,637.00 (E) Recreation and Warehouse (except row storage) Unit Charges: $0.0193/sq.ft. All K's, Z01 -Z11, Z19 -Z26, FO1- F04, F06, F07, F08 F10, F11 (F) Wholly Exempt Homes for the Aged Wholly Exempt Other HealthCare Facilities 642 633 Unit Charges: $0.0193/sq.ft. (G) All other All property classes and 'used as' codes not listed elsewhere in a specific category Unit Charges: $0.0386/sq.ft. (H) Seasonal Residences 260 Property must be classified as a seasonal residence by the Tompkins County Assessment Dept. Unit Charge: One-half (1/2) billing unit per living unit. (I) No fee assessed: Row storage Non -contributive area Local government - all tax-exempt parcels owned by the city, towns, villages, and county within Tompkins County. F05 Z98 303 SEQR ACTION: TYPE II -20 October 21, 2008 RESOLUTION NO. 213 - AUTHORIZATION TO EXECUTE AN AGREEMENT WITH THE TOWN OF ITHACA AND CORNELL UNIVERSITY — FOREST HOME DRIVE BRIDGE (BIN 3047450) OVER FALL CREEK, RECONSTRUCTION AND FUTURE MAINTENANCE MOVED by Mrs. McBean-Clairborne, seconded by Ms. Kiefer. It was noted the resolution was pulled from Consent Agenda to enable a note that amendments to the agreement had been made. Ms. Robertson said that Cornell University is providing $160,500 toward the project as part of the $10 million transportation commitment within the Community Transportation Investment. This project is for a one - lane bridge, as presently exists. A vote on the resolution resulted as follows: Ayes — 14; Noes — 1 (Legislator Hattery). RESOLUTION ADOPTED. WHEREAS, Tompkins County and the Town of Ithaca cooperatively maintain a bridge on Forest Home Drive (BIN 3047450) over Fall Creek in accordance with Resolutions Nos. 43 of 1946 and 259 of 1998, and WHEREAS, in response to deterioration of the bridge, the County is preparing plans and will tentatively receive bids to reconstruct the structure in 2009, and WHEREAS, the Tompkins County Legislature by Resolution No. 227 adopted on November 20, 2007, approved the project as a federally aided project, with $879,000 of Federal Transportation Enhancement Program funding, and WHEREAS, Cornell University has included $160,500 for this project in its Community Transportation Investment Initiative, 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 Ithaca and Cornell University to fund reconstruction of the bridge and to specify responsibilities for its continued cooperative maintenance. SEQR ACTION: TYPE II- 2 Report and Presentation of Resolution(s) from the Public Safety Committee Mr. Stevenson, Chair, reported the Committee met October 17th and discussed a task force to analyze public defenders versus assigned counsel in the context of Advisory Board on Indigent Representation (ABIR). The Committee heard from the leadership of ABIR who reported being in the process of discussing the concept and would provide feedback to the Committee in order to determine how to move forward. RESOLUTION NO. 214 — APPROPRIATION FROM CONTINGENT FUND — EXPANDED TRANSITION PROGRAM (RE-ENTRY INITIATIVE) — OPPORTUNITIES, ALTERNATIVES, AND RESOURCES (OAR) MOVED by Mr. Stevenson, seconded by Ms. Robertson. Mr. Proto asked if this is due to a delay in State funding, and would the monies be reimbursed if it were to come through. Mr. Stevenson did not believe it was tied to the State funding through CJA. Mr. Koplinka-Loehr said the resolution maintains staffing for 2008. Mr. Hattery expressed concern that the Committee supported a multi -agency effort at Re-entry. He is opposed to committee -oriented approval with agencies when departments should provide the contractual oversight. Although it is a continuation 304 October 21, 2008 of previous efforts he would like to see it move forward with only one agency heading up the issue. Ms. Robertson felt Mr. Hattery had a good point and would like to see it reviewed in the next year. Mr. Proto understands the objectives set and benchmarks to know what the County is paying for. Mrs. McBean- Clairborne would support the resolution. A roll call vote on the resolution resulted as follows: Ayes — 10 (Legislators Burbank, Chock, Dennis, Herrera, Kiefer, Koplinka-Loehr, Mackesey, McBean-Clairborne, Robertson, and Shinagawa); Noes — 5 (Legislators Hattery, Proto, Randall, Sigler, and Stevenson). RESOLUTION ADOPTED. WHEREAS, Opportunities, Alternatives, and Resources (OAR) work in assisting clients with transitioning back into the community has always been a part of OAR's mission but has increased substantially over the past two years in a cooperative effort with County agencies and other non -profits, and WHEREAS, OAR's services have expanded from jail visitation to include a wide range of support and advocacy services for former and current prisoners, as well as for their families and friends, and WHEREAS, OAR has participated in the re-entry process for 17 individuals and, using lessons learned through this collaboration, has expanded its intensive transition work to serve an additional 28 clients since January, 2008, and WHEREAS, originally $35,000 was earmarked in the 2008 Contingent Fund for OAR's work in assisting inmates of the Tompkins County Jail who are returning to the community, it is now determined that $16,500 more appropriately represents the portion of the re-entry work done in 2008 by OAR, and WHEREAS, OAR proposes using a portion of these funds for programming to continue expanding the number of clients assisted in transitioning into the community, now therefore be it RESOLVED, on recommendation of the Public Safety Committee, That the Director of Finance be authorized to make the following budget appropriation: FROM: A1990.54400 Contingent Fund $16,500 (targeted for Re-entry Initiative) TO: A6316.54400 Program Expense $16,500 SEQR ACTION: TYPE II -20 Report from the Health and Human Services Committee Mr. Proto, Chair, reported the Committee would meet on November 5th. He reported the Health Department would be holding a variety of flu shot clinics for residents to attend. He noted one would be held on Election Day at the Women's Community Building. Report from the Human Resources Committee Mr. Dennis, Chair, reported the Committee would meet on November 6th. He also reported that County Administrator Whicher and County Attorney Wood would be testifying at upcoming arbitration hearings. Report from the Government Operations Committee Mr. Hattery, Chair, reported the Committee met on October 10th and discussed a resolution to support continuation of the Core Performance initiative. Based upon discussions the resolution would be reworked and revisited at a later date. He spoke of the presentation made by Information Technology Services (ITS) outlining the need for revision and assessment of the Use of Communication System policy. Mr. Potter, Director of ITS, will be returning in December with a draft proposal of a work plan as well as proposed members of a task force to be appointed at that time. 305 October 21, 2008 Report and Presentation of Resolution(s) from the Budget and Capital Committee RESOLUTION NO. 215 - ADOPTION OF AMENDMENTS TO THE 2009 TENTATIVE TOMPKINS COUNTY BUDGET AND 2009-2013 CAPITAL PROGRAM MOVED by Mr. Shinagawa, seconded by Mrs. McBean-Clairborne. Mr. Shinagawa spoke of resolution providing the tax levy and the amount of increase that produced an average tax decrease. He noted how much discussion occurs regarding the budget and believes it is partly due to setting goals, which are kept in the forefront, leading to better decisions. Although there are concerns regarding the amount to be in the fund balance he believes it is as good position as can be at this time. Mr. Shinagawa spoke of the work done with department heads, noting the sacrifices they made to meet the goal. He also believed Legislators should be recognized for their work. He hopes it would be supported and thanked everyone for a good job. Mr. Koplinka-Loehr stated if the resolution passes tonight it would become the new tentative budget and become the default permanent budget if no further votes were to occur. There will be a public hearing on the budget on November 10`h, with a vote by the Legislature on November 18t. Ms. Robertson spoke of the budget being a challenge. She said she had reviewed the decisions to Legislature had made the Expanded Budget and Capital Committee meetings and noted there were very few close votes, which showed a form of consensus by the Legislature. She would like to see the final vote on the budget delayed to obtain additional information on revenue at the State level; however, she will support the resolution. Mr. Dennis will support the resolution and believes everyone will be hoping the State information coming in February or March would not cause additional concern. He acknowledged the work done on the budget and during meetings by Mr. Shinagawa and Ms. Jayne of County Administration. Ms. Chock supports the resolution and spoke of having viewed the process from the taxpayer point of view. She indicated the increase in the tax -levy seen by an average taxpayer would be closer to 1.2 percent increase as a result of increased housing within the County. Mr. Hattery spoke of County Administration staff doing a good job bringing forward a budget meeting target. He will not support the resolution due to the Legislature amendments that he believes reduced flexibility to deal the State's potential reduction of funding. Mr. Proto noted that although not a perfect budget he is glad it is under the 3 percent mark. He asked that a copy of the tentative budget be made available to the public for review. Mrs. McBean-Clairborne spoke of working and living in the City of Ithaca and her experience in having to balance needs and ability to pay. She spoke of some wanting to have a lot of services but do not have the ability to afford them or to deal with having them removed. She has some areas that she does not agree with and would like continued discussions but does not want to delay passing the budget. Mrs. McBean-Clairborne spoke of the difficulty city residents have paying taxes and expressed a desire to create a form of stimulus by eliminating the sales tax for clothing and shoes. She will support the resolution but hopes to have continued discussions on the $75,000 potential amendments in the contingent fund. Mr. Whicher expressed appreciation for the comments regarding the budget. He was nervous when looking at a three percent goal and was not certain it could be achieved; Norma Jayne suggested a different approach and worked directly with departments. He indicated he worked less on this budget than previous ones and credited the work to Ms. Jayne. 306 October 21, 2008 Ms. Herrera spoke of thinking as a taxpayer and rank -and -file employee viewpoint during the budget meetings. She believes a delay in passing the budget would make individuals more anxious and the budget should move forward as soon as possible. She noted that although the budget is a 2.9 percent increase, she would have liked to maintain the fund balance at the initial level. She would like to see public opinion and make changes if needed. Ms. Kiefer will not support this budget for the reasons noted by Mr. Hattery regarding the fund balance; it does not position us well to deal with next year. She doesn't agree with reaching the target by cutting departments such as the Highway Division as it only would delay and increase the cost of necessary work. She spoke of the County also having to deal with inflation and does not believe the budget appropriately reflects this. A roll call vote on the resolution resulted as follows: Ayes — 11; Noes — 4 (Legislators Burbank, Hattery, Kiefer, and Sigler). RESOLUTION ADOPTED. Mr. Koplinka-Loehr announced the Public Hearing on the tentative 2009 Budget and Capital Program at 7:00 p.m. on November 10, 2008, in the Legislative Chambers. WHEREAS, amendments to the 2009 tentative budget and 2009-2013 capital program were recommended and filed by the Expanded Budget and Capital Committee on October 20, 2008, and WHEREAS, a public hearing is tentatively scheduled for November 10, 2008, 7:00 p.m., at the Legislative Chambers, now therefore be it RESOLVED, on recommendation of the Expanded Budget and Capital Committee, That the 2009 Tentative Budget and 2009-2013 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 $36,837,645, resulting in an approximate tax -levy increase of 2.99 percent and a county -wide average tax -rate decrease of 13.5 percent. SEQR ACTION: TYPE II -21 Report from the Workforce Diversity and Inclusion Committee Mrs. McBean-Clairborne, Chair, reported the Committee would meet on October 22°d. At that time a presentation of a diversity and inclusion training video created by the Skilled Trades Diversity Consortium would be viewed and discussed. She invited all interested parties to attend. The Committee is also scheduled to review the Strength in Diversity award criteria. Member -Filed Resolution RESOLUTION NO. 216 - ADOPTING DETERMINATION AND FINDINGS FOLLOWING THE CONCLUSION OF A PUBLIC HEARING CONCERNING A PROPOSED TAKING BY EMINENT DOMAIN IN THE TOWN OF ENFIELD (AMENDED BY RESOLUTION NO. 219 OF 2008) MOVED by Mr. Dennis, seconded by Mr. Stevenson. Ms. Kiefer called attention to a number of wording problems in the Findings statement, and offered corrections, which were accepted by the Legislature. A voice vote on the resolution resulted as follows: Ayes — 15; Noes — 0. RESOLUTION ADOPTED. WHEREAS, on August 19, 2008, this Legislature held a Public Hearing to inform the public of and review the public use to be served by the proposed taking and the impact on the environment and residence of the locality where the County project is situated, and WHEREAS, the Legislature received both comment and documents at the Public Hearing, and 307 October 21, 2008 WHEREAS, the Eminent Domain Procedures Law requires that the Legislature, within ninety days after the conclusion of the Public Hearing, make determinations and findings concerning the project, now therefore be it RESOLVED, That this Legislature hereby adopts the Determination and Findings set forth in the document entitled "DETERMINATION AND FINDINGS OF THE TOMPKINS COUNTY LEGISLATURE FOLLOWING THE CONCLUSION OF THE PUBLIC HEARING CONCERNING THE PROPOSED TAKING BY EMINENT DOMAIN OF THE RADIO COMMUNICATIONS TOWER SITE LOCATED BETWEEN TUCKER AND PODUNK ROADS IN THE TOWN OF ENFIELD, STATE OF NEW YORK", RESOLVED, further, That the Clerk of the Legislature is directed to publish a synopsis of the Determination and Findings in at least two successive issues of the Ithaca Journal, RESOLVED, further, That notice of the synopsis shall be served by personal service or certified mail upon the property owner. SEQR ACTION: TYPE II -20 Approval of Minutes of October 7, 2008 It was MOVED by Mr. Proto, seconded by Mrs. McBean-Clairborne, and unanimously adopted by voice vote, to approve the minutes of October 7, 2008 as submitted. MINUTES APPROVED. Adjournment On motion, the meeting adjourned at 7:35 p.m. 308 November 5, 2008 Regular Meeting Public Hearing — 2009 New York State Community Renewal Community Development Block Grant Program — Focus on County needs and priorities, and possible community development projects Chair Koplinka-Loehr called the public hearing to order at 5:30 p.m. concerning the 2009 New York State Community Renewal Community Development Block Grant Program — Focus on County needs and priorities, and possible community development projects, and asked if anyone wished to speak. Jeanne Leccese, Planner, stated this is the first of two public hearings regarding the Federally - funded Community Development Block Grant (CDBG) funds used for community renewal. She spoke of having acquired $50,000,000 state-wide and the County receiving $750,000 in funding for housing, public infrastructure, and other facility projects. No one else wished to speak and the public hearing was closed at 5:32 p.m. Pledge of Allegiance to the Flag and Roll Call of Members I\'embers and guests participated in the Pledge of Allegiance to the Flag. Present: 13 Legislators; Excused: 2 (Legislators Randall and Sigler). Welcoming County Administrator Chair Koplinka-Loehr welcomed County Administrator Joe Mareane to his first meeting with the Tompkins County Legislature. Privilege of the Floor by the Public No member of the public wished to speak. Moment of Silence Chair Koplinka-Loehr requested a moment of silence for former member of the Board of Representatives Hugh "Sam" MacNeil. Mr. MacNeil served on the Board from 1970 through 1978, Chair of the Board 1976-1978, and State Assemblyman 1979-1988. Privilege of the Floor by Legislators Mr. Proto, District No. 7 Legislator, spoke of Mr. MacNeil having established many of the standing committees in existence today. Although he had not served with him, he remembered him well as a Cornell University Basketball Coach. Mr. Proto said Mr. MacNeil's wife, Georgia, is with us but not doing well either. Mr. Koplinka-Loehr, District No. 11 Legislator, spoke of running cross-country with Mr. MacNeil's son. He said Mr. MacNeil coached people in many ways and would be deeply missed. Mr. Dennis, District No. 15 Legislator, spoke of his running against Mr. MacNeil for the State Assembly seat and fondly recalled their campaigning together. As a result of the experience they became friends and he always found Mr. MacNeil an interesting man. He is certain his family would greatly miss him and that he served wonderfully in Tompkins County for many years. Mr. Proto recalled another former County Legislator, Deborah Dietrich, having also run against Mr. MacNeil for the State Assembly seat. 309 November 5, 2008 Mr. Proto announced the Veteran's Day Parade would take place on Sunday, November 9th. In addition, there would be a ceremony on November 11th, the actual Veteran's Day, in DeWitt Park. Mr. Proto expressed appreciation to all who voted for the proposition on the ballot regarding civil service credit for Veteran's. Mr. Proto also expressed appreciation to those who attended the Rotary's Pancake Breakfast on Election Day. Mrs. McBean-Clairborne, District No. 2 Legislator, extended her congratulations to President - Elect Obama and Vice President -Elect Biden. She said the election was good for everyone, with many in Ithaca celebrating and she sees the possibilities of what could occur. She expressed her appreciation to all who worked on the campaigns and noted that Presidential Candidate McCain's speech was gracious and humbling, noting that everyone needs to work for change. Ms. Robertson, District No. 13 Legislator, spoke of the turnout of voters and volunteers; it shows what democracy is all about. She said people who don't normally pay attention to politics got involved. Ms. Robertson said a lot of State and local candidates worked hard and she expressed congratulations to all who both won and lost for the efforts, stating it is vital for democracy to have people willing to do so. Ms. Chock, District No. 3 Legislator, said a debt of acknowledgement should be given to the Board of Elections and volunteers who assisted in the election. She spoke of the requirement for volunteers to stay for the entire time the polls are open, putting in a sixteen -hour day. Ms. Chock said regardless of what way people voted it was hoped to have participation; in Tompkins County the participation rate was 71 percent with almost 54,000 voters and 3,400 absentee ballots, the national rate was 62.5 percent. Ms. Chock then spoke of the high number of voters whose names were not in the poll books, noting there were between 800 to 900 individuals requiring affidavit ballots. She would like to see if anything could be done to reduce this number. Ms. Kiefer, District No. 10 Legislator, spoke of this Election Day marking the likely end of the old lever voting machines and noted she photographed one to have a remembrance. She spoke of her concern regarding the new machine, noting the placement of the machines did not provide privacy for handicapped individuals voting. Mr. Proto inquired how many of the new machines were utilized; it was unknown at this time. Ms. Herrera, District No. 5 Legislator, was disappointed to see California's Proposition 8 pass last night, yet said it is important to look at the things representing success. She noted the lesbian, gay, bisexual, and transgender (LGBT) community needs to help people learn that freedom is fundamental. Ms. Herrera said the loss in Proposition 8 should emphasize the celebration and victory President -Elect Obama achieved and learn and go forward. Report from Municipal Official(s) Peter Stein, Town of Ithaca Board member, spoke of things that stood out in his mind regarding Election Day: (1) a telephone bank of 50-75 individuals set up at the Hilton, (2) his grandchildren's perspectives on voting, one for voting the first time, and another for participating in door-to-door contact. He said it was wonderful to see people instilled with a feeling of participating in the process. Mr. Stein spoke of the Town making a determination to resolve the ongoing problem of surface water drainage affecting between 600 to 800 homes in the northeast portion of the town. This would require working with the County regarding the disposal of wastewater. He reported that Mr. Noteboom is retiring as Highway Superintendent and the Town is reviewing the operations to determine if any changes should be made. Mr. Stein said he is working with other Committee members on a consolidation study originally initiated by former Town Supervisor Cathy Valentino to determine if the Town and City should become one municipality. This report will be released next month at an upcoming joint meeting. The Town has finalized its budget, which calls for a 17 percent increase in the tax levy; the increase in 310 November 5, 2008 expenditures is only 6 percent. He noted the Town believed it would be important to be prepared for possible increases due to the present economy. Ms. Herrera said she was glad to see the Town of Ithaca included funding for Tompkins Consolidated Area Transit within the budget. Mr. Proto inquired if any additional information was available on the proposed long-term health facility; at this time there is no additional information. The Town indicated reluctance to allow the construction of a facility so close to the Treman Park entrance and suggested another site along the Route 96 corridor. Although the developer has viewed the site no further information has come forward for the last four to five months. In response to a request from Ms. Chock, Mr. Stein named members of the Committee reviewing the feasibility of the Town and City merger. Chair's Report Mr. Koplinka-Loehr requested there be a brief retreat at the end of the meeting to review the County Administrator job description and other documents provided to Legislators and speak of any expectations they may have. He also noted he had distributed copies of a letter from the New York State Association of Counties regarding participation on their various committees and indicated he would be happy to write a letter of recommendation for anyone who wished to participate. Report from the County Administrator Mr. Mareane reported on two important dates regarding the New York State budget, November 18, 2008, when the Legislature is called to return to Albany to address the $2 billion deficit in the current year's budget, and December 16, 2008, the date Governor Paterson plans to release the 2009-2010 budget, which could have a $12.5-$13 billion dollar budget gap to close. Discussions with the New York State Association of Counties (NYSAC) and Mr. Squires, Finance Director, have indicated the State may respect the counties' desire not to cut mandated entitlement programs recognizing it is only a cost shift and not a cut. NYSAC has been working hard on providing suggestions of areas to cut the State budget. Mr. Mareane said he provided the report regarding the State budget to Department Heads as well. He said it would take the collective intelligence of the entire government and asked for input on how to respond to proposals from Albany. With regard to the County budget, Mr. Mareane requested restraint in year-end spending. Mr. Mareane reported the Chair of the Legislature and he would be setting up meetings with our State Legislators to express concerns regarding cost shifting of programs and how it would affect the County. Mr. Mareane spoke of his transition, noting that upon meeting with many department heads he has learned a lot and has an understanding of the County's priorities. Ms. Mackesey expressed concern regarding the NYSAC suggestion of the elimination of the Shared Initiative for Municipal Services and asked if counties would be able to have any input. She noted that elimination of this initiative, which could save a great deal of funding, seems short-sighted. Mr. Mareane did not believe there is the possibility and that NYSAC's intention was to point the Governor into areas where there is some form of control. It is anticipated that department heads would be providing input to the NYSAC suggestions within a week. Ms. Robertson expressed concern that there was not any reference to public safety, particularly in eliminating the authority for the Commission on Corrections to require counties to build much larger jails than necessary. She then thanked Mr. Mareane for his participation with the AES negotiations regarding the Payment In Lieu of Taxes (PILOT), noting he rapidly absorbed the situation and was able to assist in the process. 311 November 5, 2008 Ms. Chock stated if any additional Legislators could be helpful with the meetings to be held with State representatives she would be pleased to attend as well. Ms. Robertson noted it is sometimes more useful to meet in Albany rather than having a local meeting. Announcement of Receptions Mr. Koplinka-Loehr reported there would be a reception to greet Mr. Mareane on Thursday, November 6t' from 4:30 — 6:30 p.m. in the Borg Warner Room of the Library; a farewell reception for Mr. Whicher would take place on Friday, November 7th from 4:30 — 6:30 p.m. at the Holiday Inn. Report from the County Attorney Mr. Wood addressed Ms. Chock's concern regarding the high number of individuals required to complete an affidavit prior to voting. He said he believes part of the reason is the many petition drives to seek voters that occur within the County; these rely on an individual properly delivering them for processing. In addition, the Department of Motor Vehicle registration process is not always understood, getting a license does not automatically register you. Also, although individuals believe the registrations they filled out during a registration drive will be received via postal service, to make sure Mr. Wood stressed the importance of following up on voter registration prior to election time. Report from the Finance Director Mr. Squires reported that former County Administrator Steve Whicher provided testimony at the interest arbitration hearing regarding the Sheriff's union. He noted many employees from the Sheriffs office were in attendance. A public information meeting was held at the airport to review the application to increase the passenger facility charge from $3.00 to $3.50; no one attended the meeting. The application will be forwarded to the Federal Aviation Administration for their approval and if received the increase could go into effect in March. Mr. Squires reported this week's legal advertisements would include a listing of approximately 800 parcels for non-payment of any 2008 taxes. In the near future, a listing would also be placed of the approximately 150 parcels that would be subject to foreclosure. During a brief discussion regarding the passenger facility charge increase it was explained the fee is charged to the ticket of an individual and goes toward improvements at the airport. Mr. Burbank expressed a concern that the public information meeting was not held where the majority of public could attend and be informed. He then inquired whether there has been an increase in the number of foreclosure properties; Mrs. McBean-Clairborne noted she did not recall authorization for a public hearing [it was later noted it was a public information meeting, not a hearing]. Mr. Squires indicated there is an approximate 15 percent increase, however, due to multiple parcels for one owner and a single agricultural parcel representing one-third of taxes due it is hard to fully determine. Mr. Squires would be providing members of the Legislature a list of all properties subject to foreclosure after the final documents are filed January 7th; he noted many of the delinquent properties may pay their tax bill prior to then. Withdrawal of Resolution(s) from the Agenda There were no resolution(s) withdrawn from the agenda. Addition of Resolution(s) from the Agenda It was MOVED by Mr. Dennis, seconded by Mr. Stevenson, and unanimously adopted by voice vote, by members present, to add the resolution entitled Correcting Omission in Determination and Findings Following the Conclusion of Public Hearing Concerning a Proposed Taking by Eminent Domain in the Town of Enfield to the agenda. Approval of Resolution(s) Under the Consent Agenda 312 November 5, 2008 It was MOVED by Ms. Kiefer, 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. 217 — BUDGET ADJUSTMENTS — CAYUGA ADDICTION RECOVERY SERVICES - MENTAL HEALTH MOVED by Ms. Kiefer, seconded by Mr. Proto, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, during 2008 Budget preparation, the expense and revenue figures were omitted from the budget for New York State Unit 4331, Alpha House (a/k/a Cayuga Addiction Recovery Services), and 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 is hereby authorized and directed to make the following budget correction: Revenue: 4331.43495 Office of Alcoholism and Substance Abuse Services, $229,104.00 Mental Health, Department of Alcoholism and Alcohol Abuse 4331.44495 Office of Alcoholism and Substance Abuse Services, $713,142.00 Federal Funds Appropriation: 4331.54400 Program Expense $229,104.00 4331.54400 Program Expense $713,142.00 SEQR ACTION: TYPE II -20 RESOLUTION NO. 218 — BUDGET ADJUSTMENT — LAKEVIEW MENTAL HEALTH SERVICES - MENTAL HEALTH MOVED by Ms. Kiefer, seconded by Mr. Proto, and unanimously adopted by voice vote by members present under the Consent Agenda. WHEREAS, the Tompkins County Mental Health Department is the administrative entity for contractual Service Providers of Mental Health through the New York State Office of Mental Health (NYS OMH), and WHEREAS, one of the contracted Service Providers, Lakeview Mental Health Services (MHS), provides residential -based treatment services to individuals with mental illness in Tompkins County, and has recently opened a Community Residence, Single -Room Occupancy (CR -SRO) in Tompkins County at 323 Third Street, Ithaca, New York, and WHEREAS, Mental Health has received two allocations from the NYS OMH to (1) provide direct care to residents and relieve debt service toward the Single -Room Occupancy mortgage in the amount of $224,140 for 2008, and (2) cover program development costs associated with the CR -SRO in the amount of $135,810, and 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 is hereby authorized and directed to make the following budget adjustments: Revenue: 4332.43485 New York State Office of Mental Health (Funding Code: 072F) $224,140.00 4332.43485 New York State Office of Mental Health (Funding Code: 031F) $135,810.00 Appropriation: 4332.54400 Program Expense $224,140.00 4332.54400 Program Expense $135,810.00 313 SEQR ACTION: TYPE II -20 November 5, 2008 Individual Member -Filed Resolution RESOLUTION NO. 219 - CORRECTING OMISSION IN DETERMINATION AND FINDINGS FOLLOWING THE CONCLUSION OF A PUBLIC HEARING CONCERNING A PROPOSED TAKING BY EMINENT DOMAIN IN THE TOWN OF ENFIELD (AMENDS RESOLUTION NO. 216 OF 2008) MOVED by Mr. Dennis, seconded by Mr. Stevenson, and unanimously adopted by voice vote, by members present. WHEREAS, on October 21, 2008, this Legislature adopted Resolution No. 216, which adopted Determination and Findings regarding a proposed taking in the Town of Enfield, and WHEREAS, the Findings listed the documents reviewed by the Legislature, and WHEREAS, one document was inadvertently omitted from the list, now therefore be it RESOLVED, That the document entitled "DETERMINATION AND FINDINGS OF THE TOMPKINS COUNTY LEGISLATURE FOLLOWING THE CONCLUSION OF THE PUBLIC HEARING CONCERNING THE PROPOSED TAKING BY EMINENT DOMAIN OF THE RADIO COMMUNICATIONS TOWER SITE LOCATED BETWEEN TUCKER AND PODUNK ROADS IN THE TOWN OF ENFIELD, STATE OF NEW YORK", is amended by adding the "the Answer and Counterclaim" as Subsection A(j)(vi). SEQR ACTION: TYPE II -20 Report from the Facilities and Infrastructure Committee Mrs. McBean-Clairborne, Chair, did not have a report. Report from the Human Resources Committee Mr. Dennis, Chair, reported the Committee would meet on November 6th at 3:00 p.m.. He reported his attendance at the interest arbitration hearing and noted that although many employees were present at the meeting it was on their own time. He found the meeting to be interesting. Report from the Government Operations Committee Mr. Hattery, Chair, did not have a report. Report from the Planning, Development, and Environmental Quality Committee Ms. Robertson, Chair, reported the Committee would meet on November 13th Report from the Budget and Capital Committee Mr. Shinagawa, Chair, reported the Committee would meet on November 10th; a capital program request for Tompkins Cortland Community College would be discussed at approximately 4:30 p.m. Mr. Koplinka-Loehr noted the Public Hearing on the proposed 2009 Budget and Capital Program would take place on Monday, November 10, 2008, at 7:00 p.m. in the Legislative Chambers. 314 November 5, 2008 Report from the Public Safety Committee Mr. Stevenson, Chair, said the Committee has not met; it would meet again on November 21. Report from the Workforce Diversity and Inclusion Committee Mrs. McBean-Clairborne, Chair, reported the Committee met on October 22' and spent the greater part of the meeting reviewing a training video created by the Skilled Trades Diversity Council. The film is used to assist in educating employees on various situations that could occur that are illegal. She noted the film was very well done. Report from the Health and Human Services Committee Mr. Proto, Chair, reported the Committee met earlier in the day. At the meeting they were informed of a new Community Partnership Tobacco Control grant application being made to New York State by the Health Department; if received the $235,000 would be used for personnel, media coverage, and written material relating to smoke-free outdoor areas, cessation, etc. Previous grants for the program were shared by Cortland County; the State now desires each county to have their own program. A copy of the past five-year program results would be placed on file in the Legislature office in the near future. The Office for the Aging spoke of a grant application that would allow individuals to train locally to become home health aides. Mr. Proto spoke of Mr. Mareane's memo and asked Legislators to carefully review the items outlined by New York State Association of Counties (NYSAC); many are related to health and human services programs, and although desiring to reduce costs he is concerned about continuing programs necessary to assist constituents. Ms. Holmes, Office for the Aging Director, provided an evaluation for the Registry Program that matches up individuals seeking employment to senior citizens requiring some assistance within their homes. Mr. Schlather, Cornell Cooperative Extension Executive Director, shared a new DVD/online interactive program that provides information on how to reduce energy costs within your home. The site would be operational by November 10th and can be seen at ccext.netlenergy. Department of Social Services Commissioner Patricia Carey reported the Federal government is increasing HEAP benefits this year. It is not yet known exactly how the funds would be distributed and will provide additional information as it is known. Ms. Carey had also reported on a grant application that is being received for the planning of Safe Havens, a woman's violence prevention initiative, in the amount of $150,000 per year for two years. The next meeting is December 3rd Request for Funding Information Mrs. McBean-Clairborne requested her colleagues inform her of any grant opportunities that may be available to assist in the creation of a training video. Approval of Minutes of October 21, 2008 It was MOVED by Mr. Dennis, seconded by Mr. Stevenson, and unanimously adopted by voice vote by members present, to approve the minutes of October 21, 2008 as submitted. MINUTES APPROVED. Recess Mr. Koplinka-Loehr declared a recess from 6:39 — 6:44 p.m. Executive Session It was MOVED by Mr. Dennis, seconded by Mr. Stevenson, and unanimously adopted by voice vote by members present, to enter into an executive session to discuss labor relations. 315 November 5, 2008 An executive session was held at 6:44 p.m. and returned to open session at 6:59 p.m. Adjournment On motion, the meeting adjourned at 6:59 p.m. November 10, 2008 Public Hearing Call to Order Chair Koplinka-Loehr called the public hearing to order at 7:03 p.m. concerning the 2009 Tompkins County Budget and 2009-2013 Capital Program. He asked if anyone wished to speak. John Neuman, Taughannock Boulevard, and member of the Chamber of Commerce Board, said to date it is very clear that a laudable and impressive effort has been made by the Legislature to reign in cost pressures and cost increases and recognize the decreasing revenue/support base from New York State. He also believes that if a target were set today, rather than in the spring, it would be lower due to the financial difficulties faced today. In addition he believes there are opportunities, some just outside County government, for collaboration, consolidation, redundancies of services and organizations around the Central New York State area. A number of studies show diminishing or no returns from consolidation efforts in other states. Mr. Neuman said given the fact that the economy is not likely to improve in the near future contingent planning should take precedence and be ready to implement if necessary. Jean McPheeters, Bailor Road, and President of the Chamber of Commerce, supports the comments of Mr. Neuman. She spoke of her previous membership on the Community Advisory Panel and one of the important issues discussed was the need for program evaluation. Although she knows there have been efforts toward this she believes it should be implemented in order to know how to best represent the people of Tompkins County. Michael E. Lane, Village of Dryden, congratulated the Legislature on the budget. He urged the Legislature to clearly express to Albany not to shift the State's deficit to the counties. He also believes there is a need to eliminate the sales tax for clothing and shoes to make it more competitive with surrounding counties that have done so. He does not anticipate next year's sales tax receipts to be as strong as they have been due to the economy. With regard to rollover he believes it should be eliminated in order to assist with maintaining the fund balance. He expressed appreciation to looking at the tax -levy increase rather than the tax rate. He noted the Town of Ithaca did not do this and believes the County set a good example. Fay Gougakis, City of Ithaca, spoke against funding the Tompkins County Public Library unless a contingency requiring no cellular phone use in the library was exercised. She spoke of conversations with people from other communities and countries that have stated no cellular phone use in the library is standard where they reside. Ms. Gougakis then spoke of the increase in crime in the community and her passion to be able to accurately review the statistics and reality. No one else wished to speak and the public hearing was closed at 7:22 p.m. 317 November 18, 2008 Regular Meeting Call to Order Mr. Koplinka-Loehr called the meeting to order at 5:32 p.m. Pledge of Allegiance to the Flag and Roll Call of Members Members and guests participated in the Pledge of Allegiance to the Flag. Present: 15 Legislators. Privilege of the Floor by the Public No member of the public wished to speak. Distinguished Youth Award Ms. Herrera, District No. 5 Legislator, presented the November, 2008, Distinguished Youth Award to Thomas Arleo of Lansing. Thomas was nominated by Election Commissioners Elizabeth Cree and Steve DeWitt, who praised him especially for his outstanding and painstaking work in volunteering with the Board of Elections this fall. Ms. Herrera also announced Thomas is receiving this award on his sixteenth birthday. Privilege of the Floor by Legislators Ms. Mackesey, District No. 1 Legislator, reported she traveled to Albany yesterday with a group of people who have been active in trying to get something done about the garbage trucks traveling through the County. They met with Tim Gilchrist of the Governor's office and afterward with representatives of the State Department of Transportation. There are draft regulations that have been developed by the New York State Department of Transportation and the group members are concerned about the 25 -mile limit as the maximum additional trip length. They assured the group that they had really studied these routes that are being proposed to be excluded and they all are less than 25 miles and will not be eliminated because of that fact. It was an interesting discussion but she asked that people look at the report for themselves. They have asked for a complete copy of the document and the Library will make it available for anyone who would like to come in and look at it. There is also a website: www.nysdot.gov/programs/truckpolicy.com. A final draft environmental assessment is also available on the website. For Tompkins County it eliminates Routes 79, 89, and 96 and will alleviate many concerns for Tompkins County. Mrs. McBean-Clairborne, District No. 2 Legislator, announced the 2009 Annual GIAC Harvest Dinner will be held on Friday from 6 to 9 p.m. at the Beverly J. Martin Elementary School. The Board of Public Works has approved the dual designation of State Street as Martin Luther King Street; it will now go to Common Council. Mr. Dennis, District No. 15 Legislator, announced the County is now involved with the City in a United Way participation competition, which begins this week and will last about one month. Mr. Proto, District No. 7 Legislator, reported on the Veteran's Day parade and ceremony and thanked those who attended. Ms. Chock, District No. 3 Legislator, recognized the life of Cecelia Vargas who passed away recently. A Celebration of her life is this Saturday at the Hilton Inn at 3 p.m. Mrs. McBean-Clairbome spoke of Ms. Vargas's work with the Immigrant Services Program, and of how important voting was to 318 November 18, 2008 her. Mrs. McBean-Clairborne said the children of Ms. Vargas shared how important it was that she vote in this election from her hospital bed. Report from the Municipal Officials There was no municipal official in attendance. Chair's Report and Appointments Mr. Koplinka-Loehr made the following appointments: CSEA White Collar negotiating team Jim Dennis and Dooley Kiefer: 2 members of the Tompkins County Legislature; Anita Fitzpatrick or designee: County Personnel Commissioner Joe Mareane, County Administrator, (or designee of the County Administrator) as needed by the team Council 82 - Corrections Unit negotiating team Jim Dennis: member of the Tompkins County Legislature Anita Fitzpatrick or designee: County Personnel Commissioner Peter Meskill, Sheriff (or designee), Undersheriff Rick Tubbs Joe Mareane, County Administrator, (or designee of the County Administrator) as needed by the team He reported on December 18 there will be a Legislature/Department Head retreat at the Ithaca Town Hall. The following topics are being considered for the meeting: potential State budget cuts, performance management, and internal communications. Report from the County Administrator Mr. Mareane reported on the status of the State budget. Since the last meeting the Governor released proposals and it appears the Governor has respected the request not to shift costs back to the counties. As of today, the Governor and Legislative leaders were unable to reach consensus on a plan to address the 2008/09 State budget deficit. Visits to Tompkins County State representatives Assemblyperson Lifton and Senator Winner took place to explain the County's concerns and to request the costs not be shifted. Two more with Senators Seward and Nozzolio are also being planned. Ms. Robertson thanked Mr. Mareane for the budget analysis she recently received from him; Mr. Proto requested a copy. Mr. Proto asked Mr. Mareane to contact Robert MacKenzie at Cayuga Medical Center to discuss any impacts on the Hospital. Mr. Shinagawa commented that some information has been made available to hospitals and according to Haney's analysis it appears the impact is approximately $1.2 million for Cayuga Medical Center. County Attorney Mr. Wood had no report. Report from the Finance Director Mr. Squires reported on sales tax credits that will be incorporated into the adopted budget this evening. He updated the Legislature on the status of the sales tax for municipalities. He also reported that he had expected a decline in the fourth quarter but it continues to meet 2008 budgeted projections. Withdrawal of Resolution(s) from the Agenda 319 November 18, 2008 A•Ir. Koplinka-Loehr gave I•Ir. Shinagawa permission to withdraw the following resolution from the agenda: - Request for Authorization to Extend the Additional One Percent Local Sales Tax Rate in Tompkins County Approval of Appointment(s) Under the Consent Agenda It was MOVED by Ms. Kiefer, seconded by Ms. Robertson, and unanimously adopted by voice vote to approve the following appointments under the Consent Agenda: Criminal Justice Advisory/Alternatives-to-Incarceration Board Thomas L. Boyce — Representative of Local Police Agencies; term expires December 31, 2009 TERMS BEGIN JANUARY 1, 2009: Community Mental Health Services Board Arpi Hovaguimian - term expires December 31, 2010 Environmental Management Council Tony Nekut — Village of Lansing representative; term expires December 31, 2010 Larry Sharpsteen — Town of Lansing representative; term expires December 31, 2010 Approval ofResolution(s) Under the Consent Auenda It was MOVED by Ms. Kiefer, seconded by Ms. Robertson, and unanimously adopted by voice vote to approve the following resolutions under the Consent Agenda: RESOLUTION NO. 220 - ESTABLISHING COUNTY EQUALIZATION RATES MOVED by Ms. Kiefer, seconded by Ms. Robertson, 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 2008, and for the apportionment of County taxes levied in 2009, now therefore be it RESOLVED, on recommendation of the Government Operations Committee, That the following equalization rates be and hereby are adopted: AGGREGATE ASSESSED AGGREGATE FULL VALUATION OF TAXABLE COUNTY VALUATION OF TAXABLE REAL PROPERTY FOR EQUALIZATION REAL PROPERTY FOR TOWN COUNTY PURPOSES RATE COUNTY PURPOSES Town of Caroline 184,066,216 100 184,066,216 Town of Danby 233,386,313 100 233,386,313 Town of Dryden 830,250,420 100 830,250,420 Town of Enfield 156,593,968 100 156,593,968 Town of Groton 240,027,489 100 240,027,489 Town of Ithaca 1,239,185,093 100 1,239,185,093 Town of Lansing 1,188,603,046 100 1,188,603,046 Town of Newfield 234,428,753 100 234,428,753 Town of Ulysses 419,667,981 100 419,667,981 City of Ithaca 1,429,317,916 100 1,429,317,916 320 November 18, 2008 TOTALS 6,155,527,192 6,155,527,192 SEQR ACTION: TYPE II -20 RESOLUTION NO. 221 - ADOPTION OF REGULAR AND SUPPLEMENTAL REPORTS OF TOTALS (FOOTINGS) OF ASSESSMENT ROLLS MOVED by Ms. Kiefer, seconded by Ms. Robertson, and unanimously adopted by voice vote under the Consent Agenda. WHEREAS, Tompkins County desires to maintain an official record of the 2008 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 2009 based upon the July 1, 2008 County of Tompkins Final Assessment Roll. SEQR ACTION: TYPE II -20 RESOLUTION NO. 222 - RETURNED SCHOOL TAXES MOVED by Ms. Kiefer, seconded by Ms. Robertson, and unanimously adopted by voice vote 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 2009 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. 223 - RETURNED VILLAGE TAXES MOVED by Ms. Kiefer, seconded by Ms. Robertson, and unanimously adopted by voice vote under the Consent Agenda. 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 2009 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 321 November 18, 2008 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. 224 - ADOPTION OF APPORTIONMENT OF TAXES FOR 2009 MOVED by Ms. Kiefer, seconded by Ms. Robertson, and unanimously adopted by voice vote 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 2009, RESOLVED, further, That the several amounts therein listed for State tax and County tax for general County purposes for 2009 be assessed against, levied upon, and collected from taxable property of the several towns and City liable therefore. SEQR ACTION: TYPE II -20 Report from the Human Resources Committee Mr. Dennis, Chair, reported the Committee met and discussed evaluations for the four direct reports. Two members used the performance evaluation process on the outgoing County Administrator and reported back to the Committee on their experience. Re s ort and Presentation of Resolution s from the Government 0 s erations Committee Mr. Hattery, Chair, said the Committee met on November 14th. The meeting was Chaired by Ms. Kiefer in his absence. Topics discussed were Core Performance and salaries for Legislature members, with action being deferred until a later date. RESOLUTION NO. 225 - APPROPRIATION FROM CONTINGENT FUND - REPLACEMENT PAY — DEPARTMENT OF ASSESSMENT MOVED by Mr. Hattery, seconded by Mr. Stevenson. A short roll call vote resulted as follows: Ayes — 15, Noes — 0. RESOLUTION ADOPTED. WHEREAS, the Department of Assessment has had two employees out on disability for greater than two months, and WHEREAS, the Fiscal Policy of Tompkins County allows for replacement pay from the Contingent Fund to the Department, not including the first two months of absence, 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 adjustment to his books for 2008: FROM: A1990.54400 Contingent Fund $20,332 TO: A1355.51000577 Asst Real Property Appraiser $20,332 SEQR ACTION: TYPE II -20 322 November 18, 2008 RESOLUTION NO. 226 — APPROPRIATION FROM CONTINGENT FUND — TERMINAL -PAY — REIMBURSEMENT - TOMPKINS COUNTY ADMINISTRATION MOVED by Mr. Hattery, seconded by Ms. Mackesey. A short roll call vote resulted as follows: Ayes — 15, Noes — 0. RESOLUTION ADOPTED. WHEREAS, the Tompkins County Administration's Administrator retired effective March 26, 2008, and WHEREAS, the Fiscal Policy of Tompkins County allows for terminal -pay reimbursement to the Department from the Contingent Fund, 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: A1990.54440 Contingent Fund $34,985.57 TO: A1230.51000253 Administrator $34,985.57 Note: Vacation 474.5 hours $25,519.84 Compensatory 120 hours 6,453.91 Personal 48 hours 2,581.56 Holiday 8 hours 430.26 SEQR ACTION: TYPE II -20 RESOLUTION NO. 227 — AUTHORIZING THE COUNTY ADMINISTRATOR TO ENTER INTO A LEASE FOR PROPERTY LOCATED ON ELMIRA ROAD IN ITHACA MOVED by Mr. Hattery, seconded by Mr. Stevenson. Ms. Herrera said she will vote against this resolution as she believes it is in the County's best interest to retain this property. Following an explanation by Ms. Kiefer that the Committee considered a five-year lease but that motion failed, Ms. Kiefer MOVED, seconded by Ms. Mackesey, to amend the resolution to a five-year lease. Mr. Stevenson said he does not support extending the lease and commented that the County Attorney has recommended the property be sold in past discussions. Mr. Wood explained the current lease agreement and said company does indemnify, hold harmless and defend the County. A voice vote on the amendment resulted as follows: Ayes — 6 (Legislators Burbank, Chock, Kiefer, Mackesey, Robertson, and Shinagawa); Noes — 9 (Legislators Dennis, Hattery, Herrera, McBean- Clairborne, Proto, Randall, Sigler, Stevenson, and Koplinka-Loehr). AMENDMENT FAILED. A voice vote resulted as follow on the original resolution: Ayes — 14, Noes — 1 (Legislator Herrera). RESOLUTION ADOPTED. WHEREAS, Will -Ridge Associates, LLC (a company associated with Benderson Development Corporation) has constructed a retail commercial development on Elmira Road in the City of Ithaca including a road providing access to the development and a sign for advertising purposes, on an irregularly shaped .25 acre parcel, which parcel is owned by Tompkins County and located in a heavily developed urban corridor, and WHEREAS, it has been determined that the property is no longer needed for a public use, and WHEREAS, the City of Ithaca has advised that the city has no interest in purchasing the property or in delaying a sale of said property, and WHEREAS, the County and Will -Ridge executed a lease Agreement commencing January 1, 2008, for a period of one year, and WHEREAS, the County desires fair compensation for the use of its property, now therefore be it 323 November 18, 2008 RESOLVED, on recommendation of the Government Operations Committee, That the County Administrator is authorized to enter into an agreement to extend the lease for up to one year. SEQR ACTION: TYPE II -26 Report and Presentation of Resolution(s) from the Planning, Development, and Environmental Quality Committee Ms. Robertson, Chair, said the Committee met November 13t1, and had a good discussion with Michael Stamm and Martha Armstrong of Tompkins County Area Development concerning local economic conditions and the feedback being received from banks and local businesses. Mr. Stamm has been assured that the Cornell grants of $20 million for the housing and transportation projects are not in jeopardy at this time. The Committee discussed at length the membership of IDA (Industrial Development Agency). Also discussed at length was the Energy and Greenhouse Gas Emissions element as part of the Comprehensive Plan. Following a public hearing, the Legislature will consider approving this Comprehensive Plan amendment. Mr. Hattery said he would like to follow-up later in the meeting with a question concerning the IDA membership. RESOLUTION NO. 228 - AUTHORIZING PUBLIC HEARING FOR ADOPTION OF THE ENERGY AND GREENHOUSE GAS EMISSIONS ELEMENT AS AN AMENDMENT TO THE COUNTY COMPREHENSIVE PLAN MOVED by Ms. Robertson, seconded by Ms. Mackesey. Mr. Proto does not believe this proposal is ready for a public hearing. There have been recent questions with regard to potential financial impacts on County departments and agencies that he would like further study on. Ms. Mackesey disagreed with Mr. Proto's comments and believes this is an excellent plan. Ms. Herrera spoke in support of the plan as well and said it is a template and guideline to help the County. Ms. Robertson agreed with Ms. Herrera and said it is a guide for staff and does not commit agencies or staff. A voice vote resulted as follows on the resolution: Ayes — 12, Noes — 3 (Legislators Hattery, Proto, and Sigler). RESOLUTION ADOPTED. WHEREAS, the Tompkins County Legislature adopted the Tompkins County Comprehensive Plan in 2004, and WHEREAS, the Tompkins County Planning Department, with guidance and advice from the Tompkins County Planning Advisory Board and with significant participation from the Tompkins County Environmental Management Council, has developed an Energy and Greenhouse Gas Emissions element to be added to the Tompkins County Comprehensive Plan that addresses the local energy challenge, and WHEREAS, Tompkins County is required to hold a public hearing pursuant to State General Municipal Law §239-d requirements for amending a County Comprehensive Plan, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That a public hearing be held before the Tompkins County Legislature in Legislative Chambers of the Tompkins County Courthouse, 320 North Tioga Street, Ithaca, New York, on December 2, 2008, at 5:30 o'clock in the evening thereof to present the Energy and Greenhouse Gas Emissions Element of the County Comprehensive Plan for review and discussion. 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 authorized to place proper notice of this public hearing in the official newspaper of the County. SEQR ACTION: Not an action under SEQR Report and Presentation of Resolution(s) from the Budget and Capital Committee 324 November 18, 2008 Mr. Shinagawa, Chair, reported the Committee met on November 10. The Committee discussed the resolution to extend the one -percent additional sales tax and decided to postpone action as suggested by Legislator Herrera until the City and other municipalities could weigh in on the impact of sales tax on the residents of Tompkins County. The resolution will be considered at the next meeting on November 24th. Mr. Shinagawa announced there will be a Legislature/Department Head meeting on December 18th at the Town of Ithaca Hall. Mr. Proto reported that on November 24th, the Tompkins County Planning Department has scheduled a Gas Drilling Forum for County Advisory Boards that will be held in the Borg Warner Room of the Tompkins County Public Library at 4:00 p.m. Mr. Proto expressed interest in hearing the discussion at the next Committee meeting concerning the issue of permitting the use of Hotel Room Occupancy Tax for economic development, but said he would not be available for the meeting. It was noted that this issue was going to be discussed at the Planning, Development, and Environmental Quality Committee as well. RESOLUTION NO. 229 - ENDORSING TOMPKINS CORTLAND COMMUNITY COLLEGE ELECTRICAL PANEL REPLACEMENT PROJECT MOVED by Mr. Shinagawa, seconded by Ms. Kiefer. Mr. Shinagawa explained the two proposals from TC3 and said the purpose is to take steps towards locking in State aid. The College is eligible to receive 50% State aid and the County's responsibility would be 30% of the total project cost of $1.6 million. Mr. Squires said the financing for this project would require a new bond; $45,000 to fund the local share at a likely rate in the 4.5 % range. Ms. Herrera said although she sympathizes with the need, she is bothered that this request came forward when other County departments have been told no to funding requests. She has not heard a compelling argument for proceeding with this. Mr. Shinagawa said this is a commitment to the project at some point in the future for the purpose of securing State funding because it most likely will inevitably be needed at some point in the future. Mr. Haynes explained the College has not had a Director of Facilities for the last year until Jim Turner was hired recently. Mr. Turner realized the severity of the situation and the potential of it being life threatening. The electrical equipment is original and no longer can be repaired. The system will be closely monitored until the project can begin. Mr. Marx spoke of the impact on the 20 -year capital plan and said there are a lot of needs not being met including deferred maintenance. Mr. Hattery understands there are several deferred maintenance concerns for the County, but it is also important to recognize the College has found matching funds. Ms. Chock asked that the funding for the project be clarified. Mr. Haynes said the County has very little investment in the facility. The County's only commitment is its share of the project. Ms. Herrera spoke of an upcoming infrastructure study that SUNY will be funding half of and said when complete, that study will give the College something to work with towards moving into the future with the facility. Mr. Haynes said the College would need to know in the month of February whether they can proceed with a job in the next work season. It will be the Legislature's decision as to what year this project will be done. He assumes based on the discussion at the Budget and Capital Committee meeting that it will not begin in 2009. 325 November 18, 2008 Mr. Mareane said the urgency in acting on this is the opportunity to lock in State money. There would be time to plan for inclusion in the capital plan before moving this project forward. A separate bond resolution requiring Legislature approval will be necessary as well. Ms. Mackesey said the County is one of the owners of TC3 and partially responsible for its well- being. This is an infrastructure decision, not approving it would mean the loss of State funding and the County would be liable for much more. Mr. Koplinka-Loehr clarified that this project will not begin in 2009 and that a bond resolution will be brought to the Legislature for approval at the appropriate time. A voice vote resulted as follows on the resolution: Ayes — 14, Noes — 1 (Legislator Koplinka- Loehr). RESOLUTION ADOPTED. WHEREAS, the Tompkins County Legislature and the Cortland County Legislature as sponsors of Tompkins Cortland Community College, recognize the need to replace obsolete electrical equipment which pose a health and safety threat as well as interruption of operations, and WHEREAS, the College has created a plan for replacement of all obsolete electrical equipment, and WHEREAS, the College estimates that all costs associated with replacing all obsolete electrical equipment will not exceed $1.6 million, now therefore be it RESOLVED, on recommendation of the Budget and Capital Committee, That the County sponsors do hereby approve the Tompkins Cortland Community College Electrical Panel Replacement Proj ect, RESOLVED, further, That subject to the approval of said Electrical Panel Replacement Project by the State University of New York and the appropriation of fifty percent State funding, this Legislature does hereby agree to secure funding for Tompkins County's portion of the local share for said project, RESOLVED, further, That Tompkins Cortland Community College will submit to the State University of New York appropriate applications and information necessary for State approval and funding of the Electrical Panel Replacement Project, RESOLVED, further, That certified copies of this Resolution be sent to the Cortland County Legislature, the Board of Trustees of Tompkins Cortland Community College, the Board of Trustees of the State University of New York, and the State University Construction Fund, RESOLVED, further, That this Resolution shall become effective upon the adoption of a concurrent resolution by the Cortland County Legislature. SEQR ACTION: TYPE II- 8 Ms. Herrera requested that the appropriate committee take up the policy implications and the issue of the County's responsibility for TC3's ongoing deferred maintenance. RESOLUTION NO. 230 - ENDORSING TOMPKINS CORTLAND COMMUNITY COLLEGE CLASSROOM PROJECT MOVED by Mr. Shinagawa, seconded by Mr. Stevenson. Mr. Shinagawa said this $2 million project is to be paid with 50% State funding and the remaining amount to be paid with Capital chargeback and fundraising. He does not believe there will be any impact on the County's local share. As requested by Mr. Hattery, Mr. Squires addressed the concern he raised in regard to funding of the project should State funding not be available. He was assured that the entire project could be absorbed by college funds and would not impact the budget should funding not come through. Ms. Chock requested a copy of the facilities plan as the projects come forward. 326 November 18, 2008 A voice vote resulted as follows on the resolution: Ayes — 15, Noes — 0. RESOLUTION ADOPTED. WHEREAS, the Tompkins County Legislature and the Cortland County Legislature as sponsors of Tompkins Cortland Community College, recognize the need for additional classroom space within the Tompkins Cortland Community College campus to accommodate enrollment growth, and WHEREAS, the College has created a plan for renovation of the existing facility that will create nine (9) additional classrooms, and WHEREAS, the College estimates that all costs associated with renovating the existing facility to accommodate nine (9) additional classrooms will not exceed $2 million, now therefore be it RESOLVED, on recommendation of the Budget and Capital Committee, That the County sponsors do hereby approve the Tompkins Cortland Community College Classroom Project, RESOLVED, further, That the College is hereby authorized to submit this project to the State University of New York for the State's fifty percent funding share, RESOLVED, further, That the County sponsors do hereby approve the undertaking of the Classroom Project and that Tompkins County's portion of the local share of said project shall be appropriated from the capital chargeback fund, RESOLVED, further, That Tompkins Cortland Community College will submit to the State University of New York appropriate applications and information necessary for approval and funding of the Classroom Project, RESOLVED, further, That certified copies of this Resolution be sent to the Cortland County Legislature, the Board of Trustees of Tompkins Cortland Community College, the Board of Trustees of the State University of New York, and the State University Construction Fund, RESOLVED, further, That this Resolution shall become effective upon the adoption of a concurrent resolution by the Cortland County Legislature. SEQR ACTION: TYPE II- 8 RESOLUTION NO. 231 - AUTHORIZING THE ISSUANCE OF $6,500,000 SERIAL BONDS OF THE COUNTY OF TOMPKINS, NEW YORK, TO PAY A PORTION OF THE COST OF RENOVATION AND RECONSTRUCTION OF AN OFFICE BUILDING AT 55 BROWN ROAD MOVED by Mr. Shinagawa, seconded by Mr. Hattery. Following a brief discussion, a roll call vote resulted as follows: Ayes — 10 (Legislators Burbank, Chock, Dennis, Hattery, Herrera, Kiefer, Mackesey, Robertson, Shinagawa, Koplinka-Loehr); Noes — 5 (Legislators McBean-Clairborne, Proto, Randall, Sigler, 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 renovation and reconstruction of improvements located at 55 Brown Road in the Village of Lansing, New York, now therefore be it RESOLVED, on recommendation of the Budget and Capital Committee, That the County Legislature of the County of Tompkins, New York, undertakes as follows: 327 November 18, 2008 Section 1. For the class of objects or purposes of paying a portion of the cost of a capital improvement project (the "Project") consisting of renovation, reconstruction, and upgrades to the existing facility located at 55 Brown Road in the Village of Lansing, New York, together with all related site improvements, original furnishings, fixtures, equipment, machinery, and apparatus required for such purposes, architectural fees, and all other necessary costs incidental to such work and the financing thereof, there are hereby authorized to be issued $6,500,000 serial bonds of the County of Tompkins, New York, pursuant to the provisions of the Local Finance Law. The County is hereby authorized to undertake the Project. Section 2. It is hereby determined that the maximum estimated cost of the aforesaid class of objects or purposes is $6,500,000 and that the plan for the financing thereof is by the issuance of up to $6,500,000 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. 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 328 November 18, 2008 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. SEQR ACTION: TYPE II -20 RESOLUTION NO. 232 - ADOPTION OF 2009 TOMPKINS COUNTY BUDGET AND 2009-2013 TOMPKINS COUNTY CAPITAL PROGRAM (SEE EXHIBIT A FOR BUDGET) MOVED by Mr. Shinagawa, seconded by Mr. Dennis. Budget Amendment — Finance Department It was MOVED by Ms. Kiefer, seconded by Ms. Mackesey, to amend the budget as follows: RESOLVED, That target funding for a half-time (20 hours) Purchasing Assistant be added as follows: 1315.51000526 Purchasing Assistant $20,890 9101.58800 Fringes $ 7,520 RESOLVED, further, That this be offset for 2009 by returning Rollover funds in the amount of $17,607 resulting in a tax levy increase of 0.03% and $.0 rate increase. At this time Ms. Kiefer explained the amendment pointing out that Mr. Squires had cooperated with County Administrator Whicher during budget development by not requesting more staff, but had now supplied a memo explaining that with only a one-person Purchasing Division there is not sufficient ability to research procurement options with the result that procurement likely costs the County more. Ms. Robertson commented that she appreciated all the information provided by Mr. Squires relating to 329 November 18, 2008 this amendment. Ms. Robertson said the County used to have "cost savers" a designation put on particular kinds of spending that resulted in a direct savings. While the State contract solution can produce savings, most of the vendors are located outside the County and as a result the practice discourages local vendors from developing business relationships with their local government. She said we have also heard over the last couple of years about work Cornell is doing with diverse vendors and suppliers and that is a unique value when that can be part of the County's Purchasing Division's policies and goals. She asked if this was something that could be enhanced with this position and Mr. Squires responded that it could. Mr. Koplinka-Loehr asked about the Department's rollover funds and Ms. Jayne said $56,200 was being used in 2009. Mr. Koplinka-Loehr said he cannot support the amendment. Following further discussion, a voice vote on the amendment resulted as follows: Ayes — 6 (Legislators Burbank, Dennis, Kiefer, Mackesey, McBean-Clairborne, and Robertson); Noes — 9 (Legislators Chock, Hattery, Herrera, Proto, Randall, Shinagawa, Sigler, Stevenson, and Koplinka- Loehr). AMENDMENT FAILED. Budget Amendment — County Historian (Civil War Commission) It was MOVED by Ms. Herrera, seconded by Ms. Mackesey, to amend the budget as follows: RESOLVED, That $2,000 one-time funding for the County Historian be added to fund the Civil War Commission resulting in a tax levy and rate increase of zero percent and a reduction in the Fund Balance. Mr. Proto asked if these funds could come from the tourism money. Mr. Koplinka-Loehr said that they are planning to make a request. A brief discussion followed and a voice vote resulted as follows on the amendment: Ayes — 12, Noes — 3 (Legislators Hattery, Sigler, and Stevenson). AMENDMENT CARRIED. Discussion continued on the budget as amended and Mr. Shinagawa commended everyone for their hard work on the budget. Ms. Kiefer said she was disappointed about the meeting in Albany today with State officials concerning the Governor's proposal to discuss the $2 billion gap, but pointed out that $2 billion was really a $1.5 billion gap; the other $0.5 billion was a "cushion" for the State's 2008-2009 budget. She does not believe there is a sufficient "cushion" within the County budget and will not vote in favor of the resolution to adopt the budget. Ms. Robertson reflected on the failed meeting of State lawmakers today. Although earlier she had suggested postponing adoption of the County's budget pending more information from the State, there was clearly now no reason to wait. Mr. Proto said he will support the budget, partly because of the commitment to a 3% tax levy. There were many compromises and time put into the budget and he believes it showed a collaborative effort among staff and Legislators. Mr. Burbank said he is appreciative of all the hard work that went into this, but will vote against budget because he shares Legislator Kiefer's concern. He believes we are headed into very stormy waters and will be hit by very unwelcome news from the State. Mr. Randall also thanked everyone for their hard work. It was a very trying year for him following his accident and he is proud of everything accomplished without him this year. He apologized 330 November 18, 2008 to his constituents for the lack of participation, but believes his concerns were addressed. He said this will be the first time in three years that he will support the County budget. Mr. Hattery said he also agrees with Legislator Kiefer and because of the increased spending that exhausted the "cushion" that was developed into the tentative budget, he will be voting against the resolution to adopt the budget. Ms. Robertson requested the resolution reflect the following information in an explanation: Note: The sum of $36,837,645 (total tax -levy amount) results in a tax rate of $5.93 per $1,000 of assessed value, which is an approximate tax -levy increase of 2.99% and a county -wide average tax -rate decrease of 13.5 percent. Mrs. McBean-Clairborne said she too appreciates the work that went into the budget and believes some real good thinking went into it. She wants the Legislature to be as sympathetic to the people out there and not consider higher increases than we can afford. At this point she doesn't think we can put any more on the taxpayers. The County has done a good job supporting the needs of the community and maintaining services. Ms. Herrera said this was a joint and collaborative effort and believes the Legislature represented what it knows about each other and the process has been responsible. Ms. Chock believes there needs to be full disclosure and that the taxpayer will still see a slight increase due to the full value in assessment. She too would have preferred a bigger "cushion", but will support the resolution to adopt the budget. She stated that the budget process should be examined in the coming year to allow the Legislature to look at base budgets and not just over -target requests. Mr. Dennis said he will support the resolution to adopt the budget, but expressed concern that over the last few weeks there have been people in the county who have lost their jobs and there have been cutbacks. Mr. Koplinka-Loehr noted for the record that the "cushion" is $840,000 above the basic 5% target fund balance that has been referred to this evening. Mr. Sigler applauded everyone for the work that went into reaching this number. However, he has not seen the structural problem of reducing the workforce at the County and State levels addressed. Everyone is contracting but not the County. A roll call vote on the resolution to adopt the budget as amended resulted as follows: Ayes — 11 (Legislators Chock, Dennis, Herrera, Mackesey, McBean-Clairborne, Proto, Randall, Robertson, Shinagawa, Stevenson, and Koplinka-Loehr); Noes — 4 (Legislators Burbank, Hattery, Kiefer, and Sigler). RESOLUTION ADOPTED. WHEREAS, the tentative Budget for the year 2009 and the proposed 2009-2013 Capital Program have been presented to the Legislature by the Budget Officer on September 5, 2008, and a revised tentative budget for the year 2009 and the proposed 2009 - 2013 Capital Program were adopted by the Legislature for public review on October 21St, and a public hearing was held on November 10, 2008, and all persons desiring to be heard concerning same have been heard, now therefore be it RESOLVED, on recommendation of the Budget and Capital Committee, That pursuant to Section 5.07 of the County Charter, the said proposed budget as amended is adopted, subject to the correction of manifest errors by the Clerk of the Legislature and the Budget Officer, as the budget of Tompkins County for the year 2009, 331 November 18, 2008 RESOLVED, further, That pursuant to Sections 5.03, 5.04, and 5.05 of the County Charter, the several amounts specified in such budget opposite each item of expenditure set forth in the column adopted are appropriated for the objects and purposes specified, effective January 1, 2009, RESOLVED, further, That the sum of $36,837,645 required to meet the local share of expenses and costs of county government in Tompkins County for the fiscal year 2009 as set forth in the budget be assessed against, levied upon, and collected from the taxable property of the nine towns and the city liable therefore, RESOLVED, further, That pursuant to Section 5.07 of the County Charter, the said proposed Capital Program as amended is adopted, subject to the correction of manifest errors by the Clerk of the Legislature and Budget Officer, as the Capital Program of Tompkins County for the years 2009-2013. SEQR ACTION: TYPE II -21 Note: The sum of $36,837,645 (total tax -levy amount) results in a tax rate of $5.93 per $1,000 of assessed value, which is an approximate tax -levy increase of 2.99% and a county -wide average tax -rate decrease of 13.5 percent. Report from the Public Safety Committee Mr. Stevenson, Chair, reported the Committee will meet on November 21s` Report from the Workforce Diversity and Inclusion Committee Mrs. McBean-Clairborne, Chair, reported the Committee will meet December 17"'. Report from the Health and Human Services Committee Mr. Proto, Chair, reported the Committee met on November 5. He has been trying to keep abreast on the Governor's cuts to healthcare. The next Committee meeting is December 3. RESOLUTION NO. 233 — APPROPRIATION FROM CONTINGENT FUND — TERMINAL - PAY REIMBURSEMENT — HEALTH DEPARTMENT MOVED by Mr. Proto, seconded by Mrs. McBean-Clairborne. A short roll vote resulted as follows: Ayes — 15, Noes — 0. RESOLUTION ADOPTED. WHEREAS, the Health Department had a Public Health Sanitarian resign effective August 31, 2008, and WHEREAS, the Fiscal Policy of Tompkins County allows for terminal -pay reimbursement to the Department 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 $606 TO: A4090.51000595 Public Health Sanitarian $439 A4090.58800 Fringes $167 SEQR ACTION: TYPE II -20 Report from the Facilities and Infrastructure Committee Mrs. McBean-Clairborne, Chair, said the Committee will meet November 20t. Withdrawal of Resolution(s) from the Agenda 332 November 18, 2008 Chair Koplinka-Loehr gave permission to appropriate committee chair(s) to withdraw the following resolutions: - Amendment to 2009 Tentative Budget — County Historian - Amendment to 2009 Tentative Budget — Finance Department Approval of Minutes It was MOVED by Mr. Dennis, seconded by Mr. Proto, and unanimously adopted by voice vote, to approve the minutes of the November 5, 2008 meeting as corrected. Unfinished Business Mr. Hattery asked about the IDA (Industrial Development Agency) appointments and the issue to amend the membership. Ms. Robertson said she would like the Planning, Development, and Environmental Quality Committee to take a look at this and consider taking a position or recommendation on the matter. At this time no resolution has been presented. Adjournment The meeting adjourned at 8:12 p.m. 333 December 2, 2008 Regular Meeting Special Event Prior to the meeting the choral group "Out Loud Chorus", a community chorus that welcomes everyone performed for the Legislature. Public Hearing — Presentation of the Energy and Greenhouse Gas Emissions Element of the County Comprehensive Plan for review and discussion Chair Koplinka-Loehr called the public hearing to order at 5:33 p.m. concerning the Presentation of the Energy and Greenhouse Gas Emissions Element of the County Comprehensive Plan for review and discussion, and possible community development projects, and asked if anyone wished to speak. Jon Bosak, member of TCLocal, a group that had requested the study that resulted in the draft Energy and Greenhouse Gas Emissions Element presented tonight, spoke of how his group is extremely impressed with the diligence and work done to create this element of the plan. He believes the work completed would serve as a model for other counties and thanked Mr. Marx and the Planning Department staff for their work. Amy Risen, member of the Environmental Management Council, spoke of the advisory board being very supportive of the plan. She shared additional comments that had been made following the initial draft of the element. She spoke of the subject matter also being a concern at the State and Federal levels and requested an action item relating to communication to those governments also occur. In addition, she said the oil shortages are not a future possibility but exist now and should be noted as such. Ms. Robertson noted the Planning, Development, and Environmental Quality Committee has provided their input regarding the element. No one else wished to speak and the public hearing was closed at 5:36 p.m. Call to Order Mr. Koplinka-Loehr called the meeting to order at 5:36 p.m. Pledge of Allegiance to the Flag and Roll Call of Members Members and guests participated in the Pledge of Allegiance to the Flag. Present: 14 Legislators (Ms. Kiefer arrived at 5:37 p.m.). Excused: 1 (Legislator Herrera). Privilege of the Floor by the Public Yvonne Dawson, Groton resident, spoke of her personal interaction with the Department of Social Services relating to custody of her grandchildren. She shared information on limited visitations that resulted from a removal by the Department and indicating she can't get any response, which has now been reversed by State representatives. Ms. Dawson would like to speak to any interested staff or Legislator regarding this matter and feels that her daughter should be compensated for expenses relating to the matter. Privilege of the Floor by Legislators -lr. Dennis, District No. 15 Legislator, provided an update on the United Way Participation Contest taking place between the City of Ithaca and Tompkins County. He would like to see more 334 December 2, 2008 involvement by Legislators and staff and said Ms. Moody shared information that employees have contacted her to replace lost cards. There are twelve days left in the contest and asked that Legislators all participate. Mr. Proto, District No. 7 Legislator, reminded everyone of the December 31, 2008, deadline for the New York State Electric and Gas "Voice Your Choice" program to determine how electricity would be billed. He noted that if no notice was sent the billing would go to the default program. He then offered suggestions to the State: (1) have Tompkins County Area Development Director Michael Stamm assist in suggesting a Payment in Lieu of Taxes (PILOT) from the Seneca Native Americans to offset the loss of sales tax revenue, which would resolve the tax issue and allow continued employment of the 3,000 individuals employed by them; (2) to resolve the loss of property tax due to exemptions, amend Section 420a of the Real Property Tax Law that was proposed previously, namely to allow exemption for a specific time period and then tax a portion of the land not directly used for the tax-exempt purpose; (3) to provide for sharing of profits resulting from the sale of appreciated properties that received reduced property taxation as a result of their use (agricultural, fraternal, religious, education, etc.) giving a portion to the municipality designated to receive it. He said that although it would not be popular it would allow the municipal taxpayers a share of the profit directly relating to the exemptions. Ms. Mackesey, District No. 1 Legislator, reported that Tompkins Consolidated Area Transit (TCAT) showed an eight -percent increase in ridership during October 2007 from October 2008, primarily on the rural routes. She spoke of the bus route covering Brooktondale to Newark Valley having grown from a van to a full-size bus that is filled daily. In addition, TCAT will now be expanding as a result of agreements with Schuyler County, having buses running in the morning and evening to these areas. This is the first time TCAT has had this type of working agreement with another county and she believes there will be more ventures such as this. Mr. Shinagawa, District No. 4 Legislator, spoke of Senator Hillary Clinton's selection to be Secretary of State that would require Governor Paterson to select a replacement upon confirmation. Mr. Shinagawa stressed the importance of recommending an upstate individual due to the existing high level of representation from New York City and Long Island. He believes it is important to have a representative that understands the needs of upstate New York in relation to property taxes and job creation. Report from the Municipal Officials Herb Engman, Town of Ithaca Supervisor, expressed his appreciation to the Legislature for providing reports on County activities to the Town Board. He spoke of a desire to provide more frequent reports to the Legislature regarding Town activities during 2009. Mr. Engman spoke of the Town being faced with budget challenges as well, however, they have included a contribution of $50,000 to Tompkins Consolidated Area Transit (TCAT), $20,000 to Tompkins County Public Library, and have joined Tompkins County Area Development. He indicated that the Town is looking to become a bigger municipal citizen and share financial expenses and respond to the needs of the Town. He noted it is difficult to manage the Town growth rate, which has reached a population of 20,000 compared to the city's 30,000 and is increasing more than three times as fast as the City. Additionally, there is little commercial tax base available, which requires funding through property tax on homeowners. Mr. Engman spoke of working with the County on the Route 96 corridor study, the outcome of which is wonderful and supports the Town's goal of fostering nodal development in an environmental and sustainable manner. The review of involving TCAT into the plan is also positive. Mr. Engman expressed his appreciation to the Planning Department for their work on the study. Presentation — Energy and Greenhouse Gas Emissions Element Ms. Borgella, Principle Planner, provided the Legislature with a brief presentation on the Energy and Greenhouse Gas Emissions Element of the County Comprehensive Plan that is being proposed. The 335 December 2, 2008 work completed by the Planning Department over the course of the past year was reviewed, including how this element would link to other areas of the overall Comprehensive Plan. In addition she reviewed the timeline of the project that included multiple opportunities for input from individuals throughout the County, the eight policies outlined, and examples of supporting action items. Ms. Borgella advised the Legislature that County Planning staff would be willing to address any aspect of the plan with them if desired. Mr. Proto inquired if the November 24`h draft was the most recent and was informed it was. This draft is available to the public on the website. Ms. Robertson noted that Leslie Schill, Planner, although unable to be present, had also worked in developing the element. It was noted that Ms. Risen's comments during the public hearing had been included in the material provided to the Planning, Development, and Environmental Quality Committee at their last meeting and had been included in the revisions reviewed. Ms. Chock spoke of the work completed and said it is a picture -perfect model of a citizen - planning process. The deliberateness of how staff went through the process and performed the work, incorporating and responding to comments assisted in developing an improved plan as a result of citizen input. Ms. Borgella noted that this particular element has had an incredible response due to the interest. Mr. Koplinka-Loehr said it developed bold goals and could make all proud of the result. Ms. Gerry Jones, a thirty-five year County resident, spoke of liking the direction and the renewable emphasis of the plan, but feels it is somewhat impracticable. She spoke of the cost to implement being borne by the homeowner and asked if there has been thought to possibly offering thermostats and other items to achieve the goals through the County at a discounted cost. Ms. Borgella explained it is a planning document that would result in feasibility studies and potential programs for the action items. The in-depth analysis would come as a result of action items outlined in the plan. She also noted there has been special recognition on the effect of energy pricing on low-income households. Amelia Stevens of Trumansburg spoke of having a property in Ithaca as well and asked that individuals such as herself with more than one residence be included in possible revolving loan plans to achieve goals. Ms. Robertson spoke of information received at the Planning, Development, and Environmental Quality Committee indicating the action items would be taken on one at a time and could involve other partners in the community to undertake the work. She also noted the Comprehensive Plan assists in obtaining grants as the document is used as a policy guide and provides direction for staff work plans. Ms. Robertson is looking forward to developing a package of initiatives to bring forward to Federal representatives in an effort to take advantage of potential economic stimulus packages, noting the plan will strengthen the case. Chair's Report Mr. Koplinka-Loehr again reported on December 18 from 3:30 to 5:30 p.m. there would be a Legislature/Department Head meeting at the Ithaca Town Hall. Following the meeting the annual Legislature/Department Head Appreciation reception would follow. Report from the County Administrator Mr. Mareane reported at the Legislature/Department Head meeting there would be few items on the agenda, ranging from communication patterns, performance management, to the status of the State 336 December 2, 2008 budget and update. A draft agenda has been forwarded to department heads and would be made available to Legislators. He thanked members of the Legislature for the time taken to meet with him to discuss various topics and viewpoints, finding them valuable. Mr. Mareane reported he has almost completed his one-on-one meetings with Department Heads and has learned a great deal of how the County operates; he views it as a very well-run organization and is pleased to be a part of it. County Attorney A. -1r. Wood had no report. Report from the Finance Director Mr. Squires had no report Approval of Appointment(s) Under the Consent Agenda It was MOVED by Ms. Mackesey, seconded by Mr. Randall, and unanimously adopted by voice vote by members present, to approve the following appointments under the Consent Agenda: Library Board of Trustees — terms expire December 31, 2011 David Weil Marcy E. Rosenkrantz Public Information Advisory Board — terms expire December 31, 2010 Geoff Dunn CJ DelVecchio Environmental Management Council — term expires December 31, 2010 Michael Miles — Town of Enfield representative Advisory Board on Indigent Representation — term expires December 31, 2011 Lucy Gold M. Alan Hays Gino Bush STOP -DWI Advisory Board — terms expire December 31, 2011 Gwen Wilkinson — District Attorney's Office representative Patricia Buechel — Department of Probation and Community Justice representative Traffic Safety Committee — term expires December 31, 2011 Thomas L. Ferretti — Village Police Official representative Emergency Communications Review and Oversight Committee — term expires December 31, 2011 Peter J. Meskill — Sheriff representative Local Emergency Planning Committee — No set term Geoff Dunn — Broadcast Media representative Criminal Justice Advisory/Alternatives-to-Incarceration Board — terms expires December 31, 2011 Susan Robinson — At -large representative Tompkins Consolidated Area Transit Board of Directors — terms expires December 31, 2011 Frank Proto — County Legislator (elected) 337 December 2, 2008 Approval of Resolution(s) Under the Consent Agenda It was MOVED by Ms. Mackesey, seconded by Mr. Randall, and unanimously adopted by voice vote by members present, to approve the following resolutions under the Consent Agenda: RESOLUTION NO. 234 — DATE OF ORGANIZATION MEETING MOVED by Ms. Mackesey, seconded by Mr. Randall, and unanimously adopted by voice vote by members present, under the Consent Agenda. RESOLVED, on recommendation of the Government Operations Committee, That in accordance with Section 151 of County Law, the organization meeting of the Tompkins County Legislature shall be held in the Legislative Chambers of the Tompkins County Courthouse, Ithaca, New York on Tuesday, January 6, 2009, at 5:30 o'clock in the evening thereof SEQR ACTION: TYPE II -20 RESOLUTION NO. 235 - ENDORSEMENT OF MEMORANDUM OF UNDERSTANDING AND PLEDGE TO WORK WITH ECONOMIC DEVELOPMENT COLLABORATIVE FOR COUNTY -WIDE EVALUATION OF EXISTING WATER AND SEWER INFRASTRUCTURE MOVED by Ms. Mackesey, seconded by Mr. Randall, and unanimously adopted by voice vote by members present, under the Consent Agenda. WHEREAS, the Tompkins County Economic Development Strategy's goals include increasing and diversifying the County's housing supply and revitalizing the County's unique commercial districts and town centers, and WHEREAS, the Economic Development Collaborative was organized to formalize, strengthen, and deepen the cooperation among the many local agencies and municipal bodies addressing economic development issues in the County to make the process more effective through common goals and approach, and WHEREAS, the Tompkins County Council of Governments (TCCOG) is a member of the Economic Development Collaborative, which is currently working to address the goals of the County's Economic Development Strategy, and WHEREAS, the Economic Development Collaborative has suggested the creation of an updated, County -wide evaluation of existing water and sewer infrastructure and the development of a conceptual plan of water and sewer infrastructure needed to support planned future growth to meet housing and economic development goals, and WHEREAS, the last County -wide evaluation of water and sewer infrastructure was completed in 1994, and WHEREAS, an updated evaluation would facilitate the development of housing within town and village centers, commercial revitalization of those centers, and growth in the tax base, with the most efficient use of public dollars for infrastructure, and WHEREAS, the result of this evaluation will be a report that is available for all municipalities to use in their planning of infrastructure development, but that no actual investment in water or sewer facilities is included in this project, and WHEREAS, the County of Tompkins, on behalf of TCCOG, applied for and was awarded a grant known as Shared Municipal Services Incentive (SMSI) grant from the State of New York, to conduct a County -wide evaluation of water and sewer infrastructure and develop a conceptual plan, and WHEREAS, the TCCOG unanimously adopted this resolution on September 25, 2008, and directed that it to be forwarded to municipalities for consideration and approval by local municipal boards, and 338 December 2, 2008 WHEREAS, the Tompkins County Legislature adopted Resolution No. 186 of 2008 on September 16, 2008, that authorized the acceptance of this grant in the amount of $82,245.24 for the purpose of conducting a County -wide evaluation of water and sewer infrastructure and to develop a conceptual plan, now therefore be it RESOLVED, on recommendation of the Planning, Development, and Environmental Quality Committee, That Tompkins County, by adoption of this resolution, declares its intent to support the development of a County -wide evaluation of water and sewer infrastructure and the development of a conceptual plan of water and sewer infrastructure needed to support planned future growth to meet housing and economic development goals, RESOLVED, further, That the Tompkins County pledges to work with the Economic Development Collaborative to ensure cooperation of the County's planning and engineering departments with this project, providing information and documentation requested by the consultant team, led by TG Miller, including but not limited to: • Current rated capacity of water and wastewater treatment systems from existing SPDES (State Pollution Discharge Elimination System) permits and facility plans • Electronic files or paper copies of maps showing current water distribution and/or sanitary sewer collection systems • Recent studies of water and sewer facilities • Treatment processes, mechanical, and other systems -related data • Scheduled or anticipated system upgrades or new construction • Historical problems and obstacles including operational difficulties, regulatory compliance, land -use restrictions, public impact and complaints, and funding • Current population served by the utilities including number of service connections • Anticipated population growth rate for the next ten years • Existing or planned funding sources that may be available. SEQR ACTION: TYPE II -18 RESOLUTION NO. 236 - APPROVING COMPLETED TAX ROLLS AND DIRECTING THE EXECUTING AND DELIVERY OF WARRANTS MOVED by Ms. Mackesey, seconded by Mr. Randall, and unanimously adopted by voice vote by members present, under the Consent Agenda. WHEREAS, it is necessary annually to provide for property tax collection in Tompkins County to meet expenses and the cost of county governments in Tompkins County, and to direct that upon the tax rolls of the several towns and City, the several taxes will be extended, now therefore be it RESOLVED, on recommendation of the Budget and Capital Committee, That the tax rolls be approved as completed and that there shall be extended and carried out upon the roll the amount to be levied against each parcel of real property shown thereon, RESOLVED, further, That there be annexed to each of said rolls a tax warrant prepared by the Director of Assessment as provided for in Secti